Senate
File
514
-
Enrolled
Senate
File
514
AN
ACT
RELATING
TO
THE
ORGANIZATION,
STRUCTURE,
AND
FUNCTIONS
OF
STATE
GOVERNMENT,
PROVIDING
FOR
SALARIES
OF
APPOINTED
STATE
OFFICERS,
PROVIDING
FOR
PENALTIES,
MAKING
APPROPRIATIONS,
PROVIDING
CODE
EDITOR
DIRECTIVES
AND
TRANSITION
PROVISIONS,
AND
INCLUDING
APPLICABILITY
AND
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
Section
1.
Section
2.56,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
The
legislative
services
agency,
in
cooperation
with
the
division
of
department
of
health
and
human
services
as
the
agency
responsible
for
criminal
and
juvenile
justice
planning
of
the
department
of
human
rights
,
shall
develop
a
protocol
for
analyzing
the
impact
of
the
legislation
on
minorities.
Sec.
2.
Section
7A.3,
subsection
1,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
Director
of
the
department
of
health
and
human
services.
Sec.
3.
Section
7A.30,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Each
state
board,
commission,
department,
and
division
of
state
government
and
each
institution
under
the
control
of
the
department
of
health
and
human
services,
the
Iowa
department
of
corrections
and
the
state
board
of
regents
and
each
division
Senate
File
514,
p.
2
of
the
state
department
of
transportation
are
responsible
for
keeping
a
written,
detailed,
up-to-date
inventory
of
all
real
and
personal
property
belonging
to
the
state
and
under
their
charge,
control,
and
management.
The
inventories
shall
be
in
the
form
prescribed
by
the
director
of
the
department
of
administrative
services.
Sec.
4.
Section
7D.29,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
executive
council
shall
receive
requests
from
the
Iowa
department
of
public
health
and
human
services
relative
to
the
purchase,
storing,
and
distribution
of
vaccines
and
medication
for
prevention,
prophylaxis,
or
treatment.
Upon
review
and
after
compliance
with
subsection
2
,
the
executive
council
may
approve
the
request
and
may
authorize
payment
of
the
necessary
expense.
The
expense
authorized
by
the
executive
council
under
this
subsection
shall
be
paid
from
the
appropriations
referred
to
in
subsection
1.
Sec.
5.
Section
7E.5,
subsection
1,
paragraphs
i,
j,
k,
and
s,
Code
2023,
are
amended
to
read
as
follows:
i.
The
department
of
health
and
human
services,
created
in
section
217.1
,
which
has
primary
responsibility
for
services
to
individuals
to
promote
the
well-being
and
the
social
and
economic
development
of
the
people
of
the
state
;
.
j.
The
Iowa
department
of
public
health,
created
in
chapter
135
,
which
has
primary
responsibility
for
supervision
of
public
health
programs,
promotion
of
public
hygiene
and
sanitation,
treatment
and
prevention
of
substance
abuse
use
disorder
,
and
enforcement
of
related
laws
;
.
k.
The
department
on
aging,
created
in
section
231.21
,
which
has
primary
responsibility
for
leadership
and
program
management
for
programs
which
serve
the
older
individuals
of
the
state
;
and
for
services
relating
to
Latino
persons,
women,
persons
with
disabilities,
community
action
agencies,
criminal
and
juvenile
justice
planning,
African
Americans,
deaf
and
hard-of-hearing
persons,
persons
of
Asian
and
Pacific
Islander
heritage,
and
Native
Americans
.
s.
The
department
of
human
rights,
created
in
section
216A.1
,
which
has
primary
responsibility
for
services
relating
to
Latino
persons,
women,
persons
with
disabilities,
community
Senate
File
514,
p.
3
action
agencies,
criminal
and
juvenile
justice
planning,
African
Americans,
deaf
and
hard-of-hearing
persons,
persons
of
Asian
and
Pacific
Islander
heritage,
and
Native
Americans.
Sec.
6.
Section
8.39,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
If
the
appropriation
of
a
department,
institution,
or
agency
is
insufficient
to
properly
meet
the
legitimate
expenses
of
the
department,
institution,
or
agency,
the
director,
with
the
approval
of
the
governor,
may
make
an
interdepartmental
transfer
from
any
other
department,
institution,
or
agency
of
the
state
having
an
appropriation
in
excess
of
its
needs,
of
sufficient
funds
to
meet
that
deficiency.
Such
transfer
shall
be
to
an
appropriation
made
from
the
same
funding
source
and
within
the
same
fiscal
year.
The
amount
of
a
transfer
made
from
an
appropriation
under
this
subsection
shall
be
limited
to
not
more
than
one-tenth
of
one
percent
of
the
total
of
all
appropriations
made
from
the
funding
source
of
the
transferred
appropriation
for
the
fiscal
year
in
which
the
transfer
is
made.
An
interdepartmental
transfer
to
an
appropriation
which
is
not
an
entitlement
appropriation
is
not
authorized
when
the
general
assembly
is
in
regular
session
and,
in
addition,
the
sum
of
interdepartmental
transfers
in
a
fiscal
year
to
an
appropriation
which
is
not
an
entitlement
appropriation
shall
not
exceed
fifty
percent
of
the
amount
of
the
appropriation
as
enacted
by
the
general
assembly.
For
the
purposes
of
this
subsection
,
an
entitlement
appropriation
is
a
line
item
appropriation
to
the
state
public
defender
for
indigent
defense
or
to
the
department
of
health
and
human
services
for
foster
care,
state
supplementary
assistance,
or
medical
assistance,
or
for
the
family
investment
program.
Sec.
7.
Section
8A.321,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Contract,
with
the
approval
of
the
executive
council,
for
the
repair,
remodeling,
or,
if
the
condition
warrants,
demolition
of
all
buildings
and
grounds
of
the
state
at
the
seat
of
government,
at
the
state
laboratories
facility
in
Ankeny,
and
the
institutions
of
the
department
of
health
and
human
services
and
the
department
of
corrections
for
which
no
specific
appropriation
has
been
made,
if
the
cost
of
repair,
Senate
File
514,
p.
4
remodeling,
or
demolition
will
not
exceed
one
hundred
thousand
dollars
when
completed.
The
cost
of
repair
projects
for
which
no
specific
appropriation
has
been
made
shall
be
paid
as
an
expense
authorized
by
the
executive
council
as
provided
in
section
7D.29
.
Sec.
8.
Section
8A.362,
subsection
8,
Code
2023,
is
amended
to
read
as
follows:
8.
All
fuel
used
in
state-assigned
automobiles
shall
be
purchased
at
cost
from
the
various
installations
or
garages
of
the
state
department
of
transportation,
state
board
of
regents,
department
of
health
and
human
services,
or
state
motor
pools
throughout
the
state,
unless
the
state-owned
sources
for
the
purchase
of
fuel
are
not
reasonably
accessible.
If
the
director
determines
that
state-owned
sources
for
the
purchase
of
fuel
are
not
reasonably
accessible,
the
director
shall
authorize
the
purchase
of
fuel
from
other
sources.
The
director
may
prescribe
a
manner,
other
than
the
use
of
the
revolving
fund,
in
which
the
purchase
of
fuel
from
state-owned
sources
is
charged
to
the
state
agency
responsible
for
the
use
of
the
motor
vehicle.
The
director
shall
prescribe
the
manner
in
which
oil
and
other
normal
motor
vehicle
maintenance
for
state-owned
motor
vehicles
may
be
purchased
from
private
sources,
if
they
cannot
be
reasonably
obtained
from
a
state
motor
pool.
The
director
may
advertise
for
bids
and
award
contracts
in
accordance
with
competitive
bidding
procedures
for
items
and
services
as
provided
in
this
subchapter
for
furnishing
fuel,
oil,
grease,
and
vehicle
replacement
parts
for
all
state-owned
motor
vehicles.
The
director
and
other
state
agencies,
when
advertising
for
bids
for
gasoline,
shall
also
seek
bids
for
ethanol
blended
gasoline.
Sec.
9.
Section
8A.504,
subsection
1,
paragraph
d,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
Any
debt,
which
is
assigned
to
the
department
of
health
and
human
services,
or
which
is
owed
to
the
department
of
health
and
human
services
for
unpaid
premiums
under
section
249A.3,
subsection
2
,
paragraph
“a”
,
subparagraph
(1),
or
which
the
child
support
recovery
unit
services
is
otherwise
attempting
to
collect,
or
which
the
foster
care
recovery
unit
services
of
the
department
of
health
and
human
services
is
attempting
to
Senate
File
514,
p.
5
collect
on
behalf
of
a
child
receiving
foster
care
provided
by
the
department
of
health
and
human
services.
Sec.
10.
Section
8A.504,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
collection
entity
shall
establish
and
maintain
a
procedure
to
set
off
against
any
claim
owed
to
a
person
by
a
public
agency
any
liability
of
that
person
owed
to
a
public
agency,
a
support
debt
being
enforced
by
the
child
support
recovery
unit
services
pursuant
to
chapter
252B
,
or
such
other
qualifying
debt.
The
procedure
shall
only
apply
when
at
the
discretion
of
the
director
it
is
feasible.
The
procedure
shall
meet
the
following
conditions:
Sec.
11.
Section
8A.512,
subsection
1,
paragraph
b,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
Claims
for
medical
assistance
payments
authorized
under
chapter
249A
are
subject
to
the
time
limits
imposed
by
rule
adopted
by
the
department
of
health
and
human
services.
Sec.
12.
Section
10A.108,
Code
2023,
is
amended
to
read
as
follows:
10A.108
Improper
health
and
human
services
entitlement
benefits
or
provider
payments
——
debt,
lien,
collection.
1.
a.
If
a
person
refuses
or
neglects
to
repay
benefits
or
provider
payments
inappropriately
obtained
from
the
department
of
health
and
human
services,
the
amount
inappropriately
obtained,
including
any
interest,
penalty,
or
costs
attached
to
the
amount,
constitutes
a
debt
and
is
a
lien
in
favor
of
the
state
upon
all
property
and
any
rights
or
title
to
or
interest
in
property,
whether
real
or
personal,
belonging
to
the
person
for
the
period
established
in
subsection
2
,
with
the
exception
of
property
which
is
exempt
from
execution
pursuant
to
chapter
627
.
b.
A
lien
under
this
section
shall
not
attach
to
any
amount
of
inappropriately
obtained
benefits
or
provider
payments,
or
portions
of
the
benefits
or
provider
payments,
attributable
to
errors
by
the
department
of
health
and
human
services.
Liens
shall
only
attach
to
the
amounts
of
inappropriately
obtained
benefits
or
provider
payments
or
portions
of
the
benefits
or
provider
payments
which
were
obtained
due
to
false,
misleading,
incomplete,
or
inaccurate
information
submitted
by
a
person
in
Senate
File
514,
p.
6
connection
with
the
application
for
or
receipt
of
benefits
or
provider
payments.
2.
a.
The
lien
attaches
at
the
time
the
notice
of
the
lien
is
filed
under
subsection
3
,
and
continues
for
ten
years
from
that
date,
unless
released
or
otherwise
discharged
at
an
earlier
time.
b.
The
lien
may
be
extended,
within
ten
years
from
the
date
of
attachment,
if
a
person
files
a
notice
with
the
county
recorder
or
other
appropriate
county
official
of
the
county
in
which
the
property
is
located
at
the
time
of
filing
the
extension.
From
the
time
of
the
filing
of
the
notice,
the
lien
period
shall
be
extended
for
ten
years
to
apply
to
the
property
in
the
county
in
which
the
notice
is
filed,
unless
released
or
otherwise
discharged
at
an
earlier
time.
The
number
of
extensions
is
not
limited.
c.
The
director
department
shall
discharge
any
lien
which
is
allowed
to
lapse
and
may
charge
off
any
account
and
release
the
corresponding
lien
before
the
lien
has
lapsed
if
the
director
department
determines,
under
uniform
rules
prescribed
by
the
director,
that
the
account
is
uncollectible
or
collection
costs
involved
would
not
warrant
collection
of
the
amount
due.
3.
To
preserve
the
lien
against
subsequent
mortgagees,
purchasers,
or
judgment
creditors,
for
value
and
without
notice
of
the
lien,
on
any
property
located
in
a
county,
the
director
shall
file
a
notice
of
the
lien
with
the
recorder
of
the
county
in
which
the
property
is
located
at
the
time
of
filing
of
the
notice.
4.
The
county
recorder
of
each
county
shall
prepare
and
maintain
in
the
recorder’s
office
an
index
of
liens
of
debts
established
based
upon
benefits
or
provider
payments
inappropriately
obtained
from
and
owed
the
department
of
health
and
human
services,
containing
the
applicable
entries
specified
in
sections
558.49
and
558.52
,
and
providing
appropriate
columns
for
all
of
the
following
data,
under
the
names
of
debtors,
arranged
alphabetically:
a.
The
name
of
the
debtor.
b.
“State
of
Iowa,
Department
of
Health
and
Human
Services”
as
claimant.
c.
The
time
that
the
notice
of
the
lien
was
filed
for
Senate
File
514,
p.
7
recording.
d.
The
date
of
notice.
e.
The
amount
of
the
lien
currently
due.
f.
The
date
of
the
assessment.
g.
The
date
of
satisfaction
of
the
debt.
h.
Any
extension
of
the
time
period
for
application
of
the
lien
and
the
date
that
the
notice
for
extension
was
filed.
5.
The
recorder
shall
endorse
on
each
notice
of
lien
the
day
and
time
filed
for
recording
and
the
document
reference
number,
and
shall
preserve
the
notice.
The
recorder
shall
index
the
notice
and
shall
record
the
lien
in
the
manner
provided
for
recording
real
estate
mortgages.
The
lien
is
effective
from
the
time
of
the
indexing.
6.
The
department
shall
pay,
from
moneys
appropriated
to
the
department
for
this
purpose,
recording
fees
as
provided
in
section
331.604
,
for
the
recording
of
the
lien.
7.
Upon
payment
of
a
debt
for
which
the
director
department
has
filed
notice
with
a
county
recorder,
the
director
department
shall
provide
to
the
debtor
a
satisfaction
of
the
debt.
The
debtor
shall
be
responsible
for
filing
the
satisfaction
of
the
debt
with
the
recorder
and
the
recorder
shall
enter
the
satisfaction
on
the
notice
on
file
in
the
recorder’s
office.
8.
The
department
of
inspections
,
and
appeals
,
and
licensing
,
as
provided
in
this
chapter
and
chapter
626
,
shall
proceed
to
collect
all
debts
owed
the
department
of
health
and
human
services
as
soon
as
practicable
after
the
debt
becomes
delinquent.
If
service
has
not
been
made
on
a
distress
warrant
by
the
officer
to
whom
addressed
within
five
days
from
the
date
the
distress
warrant
was
received
by
the
officer,
the
authorized
investigators
of
the
department
of
inspections
,
and
appeals
,
and
licensing
may
serve
and
make
return
of
the
warrant
to
the
clerk
of
the
district
court
of
the
county
named
in
the
distress
warrant,
and
all
subsequent
procedures
shall
be
in
compliance
with
chapter
626
.
9.
The
distress
warrant
shall
be
in
a
form
as
prescribed
by
the
director,
shall
be
directed
to
the
sheriff
of
the
appropriate
county,
and
shall
identify
the
debtor,
the
type
of
debt,
and
the
delinquent
amount.
The
distress
warrant
shall
direct
the
sheriff
to
distrain,
seize,
garnish,
or
levy
upon,
Senate
File
514,
p.
8
and
sell,
as
provided
by
law,
any
real
or
personal
property
belonging
to
the
debtor
to
satisfy
the
amount
of
the
delinquency
plus
costs.
The
distress
warrant
shall
also
direct
the
sheriff
to
make
due
and
prompt
return
to
the
department
or
to
the
district
court
under
chapter
626
of
all
amounts
collected.
10.
The
attorney
general,
upon
the
request
of
the
director
of
inspections
,
and
appeals
,
and
licensing
,
shall
bring
an
action,
as
the
facts
may
justify,
without
bond,
to
enforce
payment
of
any
debts
under
this
section
,
and
in
the
action
the
attorney
general
shall
have
the
assistance
of
the
county
attorney
of
the
county
in
which
the
action
is
pending.
11.
The
remedies
of
the
state
shall
be
cumulative
and
no
action
taken
by
the
director
of
inspections
,
and
appeals
,
and
licensing
or
attorney
general
shall
be
construed
to
be
an
election
on
the
part
of
the
state
or
any
of
its
officers
to
pursue
any
remedy
to
the
exclusion
of
any
other
remedy
provided
by
law.
Sec.
13.
Section
10A.402,
subsections
4
and
5,
Code
2023,
are
amended
to
read
as
follows:
4.
Investigations
and
collections
relative
to
the
liquidation
of
overpayment
debts
owed
to
the
department
of
health
and
human
services.
Collection
methods
include
but
are
not
limited
to
small
claims
filings,
debt
setoff,
distress
warrants,
and
repayment
agreements,
and
are
subject
to
approval
by
the
department
of
health
and
human
services.
5.
Investigations
relative
to
the
administration
of
the
state
supplementary
assistance
program,
the
state
medical
assistance
program,
the
food
stamp
supplemental
nutrition
assistance
program,
the
family
investment
program,
and
any
other
state
or
federal
benefit
assistance
program.
Sec.
14.
Section
11.5B,
Code
2023,
is
amended
to
read
as
follows:
11.5B
Repayment
of
audit
expenses
by
state
departments
and
agencies.
The
auditor
of
state
shall
be
reimbursed
by
a
department
or
agency
for
performing
audits
or
examinations
of
the
following
state
departments
or
agencies,
or
funds
received
by
a
department
or
agency:
1.
Department
of
commerce.
Senate
File
514,
p.
9
2.
Department
of
health
and
human
services.
3.
State
department
of
transportation.
4.
Iowa
department
of
public
health.
5.
4.
State
board
of
regents.
6.
5.
Department
of
agriculture
and
land
stewardship.
7.
6.
Iowa
veterans
home.
8.
7.
Department
of
education.
9.
8.
Department
of
workforce
development.
10.
9.
Department
of
natural
resources.
11.
10.
Offices
of
the
clerks
of
the
district
court
of
the
judicial
branch.
12.
11.
The
Iowa
public
employees’
retirement
system.
13.
12.
Federal
financial
assistance,
as
defined
in
the
federal
Single
Audit
Act,
31
U.S.C.
§7501,
et
seq.,
received
by
all
other
departments.
14.
13.
Department
of
administrative
services.
15.
14.
Office
of
the
chief
information
officer
of
the
department
of
management.
Sec.
15.
Section
11.6,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
financial
condition
and
transactions
of
community
mental
health
centers
organized
under
chapter
230A
,
substance
abuse
use
disorder
programs
organized
under
chapter
125
,
and
community
action
agencies
organized
under
chapter
216A
,
shall
be
audited
at
least
once
each
year.
Sec.
16.
Section
12.10,
Code
2023,
is
amended
to
read
as
follows:
12.10
Deposits
by
state
officers.
Except
as
otherwise
provided,
all
elective
and
appointive
state
officers,
boards,
commissions,
and
departments
shall,
within
ten
days
succeeding
the
collection,
deposit
with
the
treasurer
of
state,
or
to
the
credit
of
the
treasurer
of
state
in
any
depository
designated
by
the
treasurer
of
state,
ninety
percent
of
all
fees,
commissions,
and
moneys
collected
or
received.
The
balance
actually
collected
in
cash,
remaining
in
the
hands
of
any
officer,
board,
or
department
shall
not
exceed
the
sum
of
five
thousand
dollars
and
money
collected
shall
not
be
held
more
than
thirty
days.
This
section
does
not
apply
to
the
state
fair
board,
the
state
board
of
regents,
the
Senate
File
514,
p.
10
utilities
board
of
the
department
of
commerce,
the
director
of
the
department
of
health
and
human
services,
the
Iowa
finance
authority
,
or
to
the
funds
received
by
the
state
racing
and
gaming
commission
under
sections
99D.7
and
99D.14
.
Sec.
17.
Section
12E.3A,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
general
assembly
reaffirms
and
reenacts
the
purposes
stated
for
the
use
of
moneys
deposited
in
the
healthy
Iowans
tobacco
trust,
as
the
purposes
were
enacted
in
2000
Iowa
Acts,
ch.
1232,
§12,
and
codified
in
section
12.65
,
Code
2007,
as
the
purposes
for
the
endowment
for
Iowa’s
health
account.
The
purposes
include
those
purposes
related
to
health
care,
substance
abuse
use
disorder
treatment
and
enforcement,
tobacco
use
prevention
and
control,
and
other
purposes
related
to
the
needs
of
children,
adults,
and
families
in
the
state.
Sec.
18.
Section
15.102,
subsection
12,
paragraph
b,
subparagraph
(1),
subparagraph
division
(d),
Code
2023,
is
amended
to
read
as
follows:
(d)
Psychoactive
substance
abuse
use
disorders
resulting
from
current
illegal
use
of
drugs.
Sec.
19.
Section
15H.1A,
Code
2023,
is
amended
to
read
as
follows:
15H.1A
Definitions.
For
purposes
of
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Authority”
means
the
economic
development
authority
created
in
section
15.105
.
2.
1.
“Commission”
means
the
Iowa
commission
on
volunteer
service
created
in
section
15H.2
.
2.
“Department”
means
the
department
of
health
and
human
services.
3.
“Director”
means
the
director
of
the
authority
health
and
human
services
.
Sec.
20.
Section
15H.2,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
Iowa
commission
on
volunteer
service
is
created
within
the
authority
department
.
The
governor
shall
appoint
the
commission’s
members.
The
director
may
employ
personnel
as
necessary
to
carry
out
the
duties
and
responsibilities
of
the
Senate
File
514,
p.
11
commission.
Sec.
21.
Section
15H.2,
subsection
3,
paragraph
i,
Code
2023,
is
amended
to
read
as
follows:
i.
Administer
the
retired
and
senior
volunteer
program.
Sec.
22.
Section
15H.4,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
authority
department
shall
serve
as
the
lead
agency
for
administration
of
the
commission.
The
authority
department
may
consult
with
the
department
of
education,
the
state
board
of
regents,
and
the
department
of
workforce
development
for
any
additional
administrative
support
as
necessary
to
fulfill
the
duties
of
the
commission.
All
other
state
agencies,
at
the
request
of
the
authority
department
,
shall
provide
assistance
to
the
commission
to
ensure
a
fully
coordinated
state
effort
for
promoting
national
and
community
service.
Sec.
23.
Section
15H.5,
subsection
5,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Funding
for
the
Iowa
summer
youth
corps
program,
the
Iowa
green
corps
program
established
pursuant
to
section
15H.6
,
the
Iowa
reading
corps
program
established
pursuant
to
section
15H.7
,
the
RefugeeRISE
AmeriCorps
program
established
pursuant
to
section
15H.8
,
and
the
Iowa
national
service
corps
program
established
pursuant
to
section
15H.9
shall
be
obtained
from
private
sector,
and
local,
state,
and
federal
government
sources,
or
from
other
available
funds
credited
to
the
community
programs
account,
which
shall
be
created
within
the
economic
development
authority
department
under
the
authority
of
the
commission.
Moneys
available
in
the
account
for
a
fiscal
year
are
appropriated
to
the
commission
to
be
used
for
the
programs.
The
commission
may
establish
an
escrow
account
within
the
authority
department
and
obligate
moneys
within
that
escrow
account
for
tuition
or
program
payments
to
be
made
beyond
the
term
of
any
fiscal
year.
Notwithstanding
section
12C.7,
subsection
2
,
interest
earned
on
moneys
in
the
community
programs
account
shall
be
credited
to
the
account.
Notwithstanding
section
8.33
,
moneys
in
the
community
programs
account
or
escrow
account
shall
not
revert
to
the
general
fund
but
shall
remain
available
for
expenditure
in
future
fiscal
years.
Senate
File
514,
p.
12
Sec.
24.
Section
15H.8,
Code
2023,
is
amended
to
read
as
follows:
15H.8
RefugeeRISE
AmeriCorps
program.
1.
a.
The
commission,
in
collaboration
with
the
department
of
human
services
,
shall
establish
a
Refugee
Rebuild,
Integrate,
Serve,
Empower
(RefugeeRISE)
AmeriCorps
program
to
increase
community
integration
and
engagement
for
diverse
refugee
communities
in
rural
and
urban
areas
across
the
state.
b.
The
commission,
in
collaboration
with
the
department
of
human
services
,
may
adopt
rules
pursuant
to
chapter
17A
to
implement
and
administer
this
section
.
2.
The
commission
may
use
moneys
in
and
lawfully
available
to
the
community
programs
account
created
in
section
15H.5
to
fund
the
program.
3.
The
commission
shall
submit
an
annual
report
to
the
general
assembly
and
the
department
of
human
services
relating
to
the
efficacy
of
the
program.
Sec.
25.
Section
15H.10,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
Notwithstanding
section
8.33
,
moneys
appropriated
to
the
economic
development
authority
department
for
allocation
to
the
commission
for
purposes
of
this
section
that
remain
unencumbered
or
unobligated
at
the
close
of
a
fiscal
year
shall
not
revert
but
shall
remain
available
to
be
used
for
the
purposes
designated
in
this
section
until
the
close
of
the
succeeding
fiscal
year.
Sec.
26.
Section
16.2D,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
council
on
homelessness
is
created
consisting
of
twenty
members,
eleven
of
whom
are
voting
members
and
nine
of
whom
are
nonvoting
members
.
At
all
times,
at
least
one
voting
member
shall
be
a
member
of
a
minority
group.
Sec.
27.
Section
16.2D,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Nine
nonvoting
Nonvoting
agency
director
members
consisting
of
all
of
the
following:
(1)
The
director
of
the
department
of
education
or
the
director’s
designee.
(2)
The
director
of
health
and
human
services
or
the
Senate
File
514,
p.
13
director’s
designee.
(3)
The
attorney
general
or
the
attorney
general’s
designee.
(4)
The
director
of
public
health
or
the
director’s
designee.
(5)
The
director
of
the
department
on
aging
or
the
director’s
designee.
(6)
(4)
The
director
of
the
department
of
corrections
or
the
director’s
designee.
(7)
(5)
The
director
of
the
department
of
workforce
development
or
the
director’s
designee.
(8)
(6)
The
executive
director
of
the
Iowa
finance
authority
or
the
executive
director’s
designee.
(9)
(7)
The
director
of
the
department
of
veterans
affairs
or
the
director’s
designee.
Sec.
28.
Section
16.3,
subsection
9,
Code
2023,
is
amended
to
read
as
follows:
9.
The
interest
costs
paid
by
group
homes
of
fifteen
beds
or
less
licensed
as
health
care
facilities
or
child
foster
care
facilities
for
facility
acquisition
and
indirectly
reimbursed
by
the
department
of
health
and
human
services
through
payments
for
patients
at
those
facilities
who
are
recipients
of
medical
assistance
or
state
supplementary
assistance
are
severe
drains
on
the
state’s
budget.
A
reduction
in
these
costs
obtained
through
financing
with
tax-exempt
revenue
bonds
would
clearly
be
in
the
public
interest.
Sec.
29.
Section
16.47,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
authority,
in
cooperation
with
the
department
on
aging
of
health
and
human
services
,
shall
annually
allocate
moneys
available
in
the
home
and
community-based
services
revolving
loan
program
fund
to
develop
and
expand
facilities
and
infrastructure
that
provide
adult
day
services,
respite
services,
congregate
meals,
and
programming
space
for
health
and
wellness,
health
screening,
and
nutritional
assessments
that
address
the
needs
of
persons
with
low
incomes.
Sec.
30.
Section
16.48,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
A
transitional
housing
revolving
loan
program
fund
is
created
within
the
authority
to
further
the
availability
of
Senate
File
514,
p.
14
affordable
housing
for
parents
that
are
reuniting
with
their
children
while
completing
or
participating
in
substance
abuse
use
disorder
treatment.
The
moneys
in
the
fund
are
annually
appropriated
to
the
authority
to
be
used
for
the
development
and
operation
of
a
revolving
loan
program
to
provide
financing
to
construct
affordable
transitional
housing,
including
through
new
construction
or
acquisition
and
rehabilitation
of
existing
housing.
The
housing
provided
shall
be
geographically
located
in
close
proximity
to
licensed
substance
abuse
use
disorder
treatment
programs.
Preference
in
funding
shall
be
given
to
projects
that
reunite
mothers
with
the
mothers’
children.
3.
The
authority
shall
annually
allocate
moneys
available
in
the
transitional
housing
revolving
loan
program
fund
for
the
development
of
affordable
transitional
housing
for
parents
that
are
reuniting
with
the
parents’
children
while
completing
or
participating
in
substance
abuse
use
disorder
treatment.
The
authority
shall
develop
a
joint
application
process
for
the
allocation
of
federal
low-income
housing
tax
credits
and
the
funds
available
under
this
section
.
Moneys
allocated
to
such
projects
may
be
in
the
form
of
loans,
grants,
or
a
combination
of
loans
and
grants.
Sec.
31.
Section
16.49,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
a.
A
project
shall
demonstrate
written
approval
of
the
project
by
the
department
of
health
and
human
services
to
the
authority
prior
to
application
for
funding
under
this
section
.
b.
In
order
to
be
approved
by
the
department
of
health
and
human
services
for
application
for
funding
for
development
of
permanent
supportive
housing
under
this
section
,
a
project
shall
include
all
of
the
following
components:
(1)
Provision
of
services
to
any
of
the
following
Medicaid
waiver-eligible
individuals:
(a)
Individuals
who
are
currently
underserved
in
community
placements,
including
individuals
who
are
physically
aggressive
or
have
behaviors
that
are
difficult
to
manage
or
individuals
who
meet
the
psychiatric
medical
institution
for
children
level
of
care.
(b)
Individuals
who
are
currently
residing
in
out-of-state
facilities.
Senate
File
514,
p.
15
(c)
Individuals
who
are
currently
receiving
care
in
a
licensed
health
care
facility.
(2)
A
plan
to
provide
each
individual
with
crisis
stabilization
services
to
ensure
that
the
individual’s
behavioral
issues
are
appropriately
addressed
by
the
provider.
(3)
Policies
and
procedures
that
prohibit
discharge
of
the
individual
from
the
waiver
services
provided
by
the
project
provider
unless
an
alternative
placement
that
is
acceptable
to
the
client
or
the
client’s
guardian
is
identified.
c.
In
order
to
be
approved
by
the
department
of
health
and
human
services
for
application
for
funding
for
development
of
infrastructure
in
which
to
provide
supportive
services
under
this
section
,
a
project
shall
include
all
of
the
following
components:
(1)
Provision
of
services
to
Medicaid
waiver-eligible
individuals
who
meet
the
psychiatric
medical
institution
for
children
level
of
care.
(2)
Policies
and
procedures
that
prohibit
discharge
of
the
individual
from
the
waiver
services
provided
by
the
project
provider
unless
an
alternative
placement
that
is
acceptable
to
the
client
or
the
client’s
guardian
is
identified.
d.
Housing
provided
through
a
project
under
this
section
is
exempt
from
the
requirements
of
chapter
135O
.
Sec.
32.
Section
22.7,
subsections
2,
16,
35,
61,
and
62,
Code
2023,
are
amended
to
read
as
follows:
2.
Hospital
records,
medical
records,
and
professional
counselor
records
of
the
condition,
diagnosis,
care,
or
treatment
of
a
patient
or
former
patient
or
a
counselee
or
former
counselee,
including
outpatient.
However,
confidential
communications
between
a
crime
victim
and
the
victim’s
counselor
are
not
subject
to
disclosure
except
as
provided
in
section
915.20A
.
However,
the
Iowa
department
of
public
health
and
human
services
shall
adopt
rules
which
provide
for
the
sharing
of
information
among
agencies
and
providers
concerning
the
maternal
and
child
health
program
including
but
not
limited
to
the
statewide
child
immunization
information
system,
while
maintaining
an
individual’s
confidentiality.
16.
Information
in
a
report
to
the
Iowa
department
of
public
health
and
human
services
,
to
a
local
board
of
health,
or
to
Senate
File
514,
p.
16
a
local
health
department,
which
identifies
a
person
infected
with
a
reportable
disease.
35.
Records
of
the
Iowa
department
of
public
health
and
human
services
pertaining
to
participants
in
the
gambling
treatment
program
except
as
otherwise
provided
in
this
chapter
.
61.
Records
of
the
department
on
aging
of
health
and
human
services
pertaining
to
clients
served
by
the
state
office
or
a
local
office
of
public
guardian
as
defined
in
section
231E.3
.
62.
Records
maintained
by
the
department
on
aging
of
health
and
human
services
or
office
of
long-term
care
ombudsman
that
disclose
the
identity
of
a
complainant,
resident,
tenant,
or
individual
receiving
services
provided
by
the
department
on
aging
of
health
and
human
services
,
an
area
agency
on
aging,
or
the
office
of
long-term
care
ombudsman,
unless
disclosure
is
otherwise
allowed
under
section
231.42,
subsection
12
,
paragraph
“a”
.
Sec.
33.
Section
23A.2,
subsection
10,
paragraph
l,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
offering
of
goods
and
services
to
the
public
as
part
of
a
client
training
program
operated
by
a
state
resource
center
under
the
control
of
the
department
of
health
and
human
services
provided
that
all
of
the
following
conditions
are
met:
Sec.
34.
Section
23A.2,
subsection
10,
paragraph
l,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
Any
off-campus
vocational
or
employment
training
program
developed
or
operated
by
the
department
of
health
and
human
services
for
clients
of
a
state
resource
center
is
a
supported
vocational
training
program
or
a
supported
employment
program
offered
by
a
community-based
provider
of
services
or
other
employer
in
the
community.
Sec.
35.
Section
28M.1,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
“Transportation”
means
the
movement
of
individuals
in
a
four
or
more
wheeled
motorized
vehicle
designed
to
carry
passengers,
including
a
car,
van,
or
bus,
or
the
carrying
of
individuals
upon
cars
operated
upon
stationary
rails,
between
one
geographic
point
and
another
geographic
point.
“Transportation”
does
not
include
emergency
or
incidental
Senate
File
514,
p.
17
transportation
or
transportation
conducted
by
the
department
of
health
and
human
services
at
its
institutions.
Sec.
36.
Section
35A.5,
subsection
5,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Coordinate
with
United
States
department
of
veterans
affairs
hospitals,
health
care
facilities,
and
clinics
in
this
state
and
the
department
of
public
health
and
human
services
to
provide
assistance
to
veterans
and
their
families
to
reduce
the
incidence
of
alcohol
and
chemical
dependency
and
suicide
among
veterans
and
to
make
mental
health
counseling
available
to
veterans.
Sec.
37.
Section
35D.14A,
Code
2023,
is
amended
to
read
as
follows:
35D.14A
Volunteer
record
checks.
1.
Persons
who
are
potential
volunteers
or
volunteers
in
the
Iowa
veterans
home
in
a
position
having
direct
individual
contact
with
patients
or
residents
of
the
home
shall
be
subject
to
criminal
history
and
child
and
dependent
adult
abuse
record
checks
in
accordance
with
this
section
.
The
Iowa
veterans
home
shall
request
that
the
department
of
public
safety
perform
the
criminal
history
check
and
the
record
check
evaluation
system
of
the
department
of
health
and
human
services
perform
child
and
dependent
adult
abuse
record
checks
of
the
person
in
this
state
and
may
request
these
checks
in
other
states.
2.
a.
If
it
is
determined
that
a
person
has
been
convicted
of
a
crime
under
a
law
of
any
state
or
has
a
record
of
founded
child
or
dependent
adult
abuse,
the
person
shall
not
participate
as
a
volunteer
with
direct
individual
contact
with
patients
or
residents
of
the
Iowa
veterans
home
unless
an
evaluation
has
been
performed
by
the
department
of
human
services
record
check
evaluation
system
to
determine
whether
the
crime
or
founded
child
or
dependent
adult
abuse
warrants
prohibition
of
the
person’s
participation
as
a
volunteer
in
the
Iowa
veterans
home.
The
department
of
human
services
record
check
evaluation
system
shall
perform
such
evaluation
upon
the
request
of
the
Iowa
veterans
home.
b.
In
an
evaluation,
the
department
of
human
services
record
check
evaluation
system
shall
consider
the
nature
and
seriousness
of
the
crime
or
founded
child
or
dependent
adult
Senate
File
514,
p.
18
abuse
in
relation
to
the
position
sought
or
held,
the
time
elapsed
since
the
commission
of
the
crime
or
founded
child
or
dependent
adult
abuse,
the
circumstances
under
which
the
crime
or
founded
child
or
dependent
adult
abuse
was
committed,
the
degree
of
rehabilitation,
the
likelihood
that
the
person
will
commit
the
crime
or
founded
child
or
dependent
adult
abuse
again,
and
the
number
of
crimes
or
founded
child
or
dependent
adult
abuses
committed
by
the
person
involved.
c.
If
the
department
of
human
services
record
check
evaluation
system
performs
an
evaluation
for
the
purposes
of
this
section
,
the
department
of
human
services
record
check
evaluation
system
has
final
authority
in
determining
whether
prohibition
of
the
person’s
participation
as
a
volunteer
is
warranted.
The
department
of
human
services
record
check
evaluation
system
may
permit
a
person
who
is
evaluated
to
participate
as
a
volunteer
if
the
person
complies
with
the
department’s
record
check
evaluation
system’s
conditions
relating
to
participation
as
a
volunteer
which
may
include
completion
of
additional
training.
Sec.
38.
Section
47.7,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
On
or
before
January
1,
2006,
the
state
registrar
of
voters
shall
implement
in
a
uniform
and
nondiscriminatory
manner,
a
single,
uniform,
official,
centralized,
interactive
computerized
statewide
voter
registration
file
defined,
maintained,
and
administered
at
the
state
level
that
contains
the
name
and
registration
information
of
every
legally
registered
voter
in
the
state
and
assigns
a
unique
identifier
to
each
legally
registered
voter
in
the
state.
The
state
voter
registration
system
shall
be
coordinated
with
other
agency
databases
within
the
state,
including,
but
not
limited
to,
state
department
of
transportation
driver’s
license
records,
judicial
records
of
convicted
felons
and
persons
declared
incompetent
to
vote,
and
Iowa
department
of
public
health
and
human
services
records
of
deceased
persons.
Sec.
39.
Section
48A.19,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
following
state
agencies
are
responsible
for
voter
registration:
Senate
File
514,
p.
19
a.
All
state
offices
that
have
direct
client
contact
and
provide
applications
for
public
assistance,
including
but
not
limited
to
offices
administering
the
following
programs:
(1)
Food
stamps
The
supplemental
nutrition
assistance
program
.
(2)
Medical
The
medical
assistance
program
under
chapter
249A
.
(3)
Iowa
The
Iowa
family
investment
program.
(4)
Special
The
special
supplemental
nutrition
program
for
women,
infants,
and
children.
b.
(1)
All
offices
that
provide
state-funded
programs
primarily
engaged
in
providing
services
to
persons
with
disabilities,
including
but
not
limited
to
all
of
the
following:
(a)
Department
for
the
blind.
(b)
Division
of
vocational
rehabilitation
services
of
the
department
of
education
workforce
development
.
(c)
Office
of
deaf
services
of
the
department
of
health
and
human
rights
services
or
its
successor
agency.
(d)
Office
of
persons
with
disabilities
of
the
department
of
health
and
human
rights
services
or
its
successor
agency.
(2)
An
agency
designated
a
voter
registration
agency
under
this
paragraph
which
provides
services
to
persons
with
disabilities
in
their
homes
shall
provide
voter
registration
services
at
the
clients’
homes.
c.
Other
federal
and
state
agencies
designated
to
provide
voter
registration
services
include,
but
are
not
limited
to,
the
United
States
armed
forces
recruiting
offices.
Sec.
40.
Section
48A.31,
Code
2023,
is
amended
to
read
as
follows:
48A.31
Deceased
persons
record.
The
state
registrar
of
vital
statistics
shall
transmit
or
cause
to
be
transmitted
to
the
state
registrar
of
voters,
once
each
calendar
quarter,
a
certified
list
of
all
persons
seventeen
years
of
age
and
older
in
the
state
whose
deaths
have
been
reported
to
the
bureau
state
registrar
of
vital
records
of
the
Iowa
department
of
public
health
statistics
since
the
previous
list
of
decedents
was
certified
to
the
state
registrar
of
voters.
The
list
shall
be
submitted
according
to
the
specifications
of
the
state
registrar
of
voters
and
shall
Senate
File
514,
p.
20
be
transmitted
to
the
state
registrar
of
voters
without
charge
for
production
or
transmission.
The
commissioner
shall,
in
the
month
following
the
end
of
a
calendar
quarter,
run
the
statewide
voter
registration
system’s
matching
program
to
determine
whether
a
listed
decedent
was
registered
to
vote
in
the
county
and
shall
immediately
cancel
the
registration
of
any
person
named
on
the
list
of
decedents.
Sec.
41.
Section
68B.2,
subsection
23,
Code
2023,
is
amended
to
read
as
follows:
23.
“Regulatory
agency”
means
the
department
of
agriculture
and
land
stewardship,
department
of
workforce
development,
department
of
commerce,
Iowa
department
of
public
health,
department
of
public
safety,
department
of
education,
state
board
of
regents,
department
of
health
and
human
services,
department
of
revenue,
department
of
inspections
and
appeals,
department
of
administrative
services,
public
employment
relations
board,
state
department
of
transportation,
civil
rights
commission,
department
of
public
defense,
department
of
homeland
security
and
emergency
management,
Iowa
ethics
and
campaign
disclosure
board,
and
department
of
natural
resources.
Sec.
42.
Section
80.9B,
subsections
3
and
7,
Code
2023,
are
amended
to
read
as
follows:
3.
The
provisions
of
chapter
141A
also
do
not
apply
to
the
transmission
of
the
same
information
from
either
or
both
information
systems
to
employees
of
state
correctional
institutions
subject
to
the
jurisdiction
of
the
department
of
corrections,
employees
of
secure
facilities
for
juveniles
subject
to
the
jurisdiction
of
the
department
of
health
and
human
services,
and
employees
of
city
and
county
jails,
if
those
employees
have
direct
physical
supervision
over
inmates
of
those
facilities
or
institutions.
7.
The
commissioner
shall
develop
and
establish,
in
cooperation
with
the
department
of
corrections
and
the
department
of
public
health
and
human
services
,
training
programs
and
program
criteria
for
persons
receiving
human
immunodeficiency
virus-related
information
through
the
Iowa
criminal
justice
information
system
or
the
national
crime
information
center
system.
Sec.
43.
Section
80.28,
subsection
2,
paragraph
a,
Senate
File
514,
p.
21
subparagraph
(6),
Code
2023,
is
amended
to
read
as
follows:
(6)
One
member
representing
the
Iowa
department
of
public
health
and
human
services
.
Sec.
44.
Section
80B.11C,
Code
2023,
is
amended
to
read
as
follows:
80B.11C
Public
safety
telecommunicator
training
standards.
The
director
of
the
academy,
subject
to
the
approval
of
the
council,
in
consultation
with
the
Iowa
state
sheriffs’
and
deputies’
association,
the
Iowa
police
executive
forum,
the
Iowa
peace
officers
association,
the
Iowa
state
police
association,
the
Iowa
professional
fire
fighters,
the
Iowa
emergency
medical
services
association,
the
joint
council
of
Iowa
fire
service
organizations,
the
Iowa
department
of
public
safety,
the
Iowa
chapter
of
the
association
of
public-safety
communications
officials——international,
inc.,
the
Iowa
chapter
of
the
national
emergency
number
association,
the
department
of
homeland
security
and
emergency
management,
and
the
Iowa
department
of
public
health
and
human
services
,
shall
adopt
rules
pursuant
to
chapter
17A
establishing
minimum
standards
for
training
of
public
safety
telecommunicators.
“Public
safety
telecommunicator”
means
a
person
who
serves
as
a
first
responder
by
receiving
requests
for,
or
by
dispatching
requests
to,
emergency
response
agencies
which
include
but
are
not
limited
to
law
enforcement,
fire,
rescue,
and
emergency
medical
services
agencies.
Sec.
45.
Section
80E.2,
Code
2023,
is
amended
to
read
as
follows:
80E.2
Drug
policy
advisory
council
——
membership
——
duties.
1.
An
Iowa
drug
policy
advisory
council
is
established
which
shall
consist
of
the
following
seventeen
members:
a.
The
drug
policy
coordinator
director
,
who
shall
serve
as
chairperson
of
the
council.
b.
The
director
of
the
department
of
corrections,
or
the
director’s
designee.
c.
The
director
of
the
department
of
education,
or
the
director’s
designee.
d.
The
director
of
the
department
of
public
health
and
human
services
,
or
the
director’s
designee.
e.
The
commissioner
of
public
safety,
or
the
commissioner’s
Senate
File
514,
p.
22
designee.
f.
The
director
of
the
department
of
human
services,
or
the
director’s
designee.
g.
The
director
of
the
division
of
criminal
and
juvenile
justice
planning
in
the
department
of
human
rights,
or
the
division
director’s
designee.
h.
f.
The
state
public
defender,
or
the
state
public
defender’s
designee.
i.
g.
A
prosecuting
attorney.
j.
h.
A
certified
alcohol
and
drug
counselor.
k.
i.
A
certified
substance
abuse
use
disorder
prevention
specialist.
l.
j.
A
substance
use
disorder
treatment
program
director.
m.
k.
A
justice
of
the
Iowa
supreme
court,
or
judge,
as
designated
by
the
chief
justice
of
the
supreme
court.
n.
l.
A
member
representing
the
Iowa
peace
officers
association.
o.
m.
A
member
representing
the
Iowa
state
police
association.
p.
n.
A
member
representing
the
Iowa
state
sheriffs’
and
deputies’
association.
q.
o.
A
police
chief.
2.
The
prosecuting
attorney,
certified
alcohol
and
drug
counselor,
certified
substance
abuse
use
disorder
prevention
specialist,
substance
use
disorder
treatment
program
director,
member
representing
the
Iowa
peace
officers
association,
member
representing
the
Iowa
state
police
association,
the
member
representing
the
Iowa
state
sheriffs’
and
deputies’
association,
and
the
member
who
is
a
police
chief
shall
be
appointed
by
the
governor,
subject
to
senate
confirmation,
for
four-year
terms
beginning
and
ending
as
provided
in
section
69.19
.
A
vacancy
on
the
council
shall
be
filled
for
the
unexpired
term
in
the
same
manner
as
the
original
appointment
was
made.
3.
The
council
shall
make
policy
recommendations
to
the
appropriate
departments
concerning
the
administration,
development,
and
coordination
of
programs
related
to
substance
abuse
use
disorder
education,
prevention,
treatment,
and
enforcement.
Senate
File
514,
p.
23
4.
The
members
of
the
council
shall
be
reimbursed
for
actual
and
necessary
travel
and
related
expenses
incurred
in
the
discharge
of
official
duties.
Each
member
of
the
council
may
also
be
eligible
to
receive
compensation
as
provided
in
section
7E.6
.
5.
The
council
shall
meet
at
least
semiannually
throughout
the
year.
6.
A
majority
of
the
members
of
the
council
constitutes
a
quorum,
and
a
majority
of
the
total
membership
of
the
council
is
necessary
to
act
in
any
matter
within
the
jurisdiction
of
the
council.
Sec.
46.
Section
84A.1A,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
nonvoting
members
of
the
Iowa
workforce
development
board
shall
include
the
following:
(1)
One
state
senator
appointed
by
the
minority
leader
of
the
senate,
who
shall
serve
for
a
term
as
provided
in
section
69.16B
.
(2)
One
state
representative
appointed
by
the
minority
leader
of
the
house
of
representatives,
who
shall
serve
for
a
term
as
provided
in
section
69.16B
.
(3)
One
president,
or
the
president’s
designee,
of
the
university
of
northern
Iowa,
the
university
of
Iowa,
or
Iowa
state
university
of
science
and
technology,
designated
by
the
state
board
of
regents
on
a
rotating
basis.
(4)
One
president,
or
the
president’s
designee,
of
an
independent
Iowa
college,
appointed
by
the
Iowa
association
of
independent
colleges
and
universities.
(5)
One
president
or
president’s
designee,
of
a
community
college,
appointed
by
the
Iowa
association
of
community
college
presidents.
(6)
One
representative
of
the
economic
development
authority,
appointed
by
the
director.
(7)
One
representative
of
the
department
on
aging,
appointed
by
the
director.
(8)
(7)
One
representative
of
the
department
of
corrections,
appointed
by
the
director.
(9)
(8)
One
representative
of
the
department
of
health
and
human
services,
appointed
by
the
director.
Senate
File
514,
p.
24
(10)
(9)
One
representative
of
the
United
States
department
of
labor,
office
of
apprenticeship.
(11)
(10)
One
representative
from
the
largest
statewide
public
employees’
organization
representing
state
employees.
(12)
(11)
One
representative
of
a
statewide
labor
organization
representing
employees
in
the
construction
industry.
(13)
(12)
One
representative
of
a
statewide
labor
organization
representing
employees
in
the
manufacturing
industry.
Sec.
47.
Section
84A.6,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
a.
The
director
of
the
department
of
workforce
development,
in
cooperation
with
the
department
of
health
and
human
services,
shall
provide
job
placement
and
training
to
persons
referred
by
the
department
of
health
and
human
services
under
the
promoting
independence
and
self-sufficiency
through
employment
job
opportunities
and
basic
skills
program
established
pursuant
to
chapter
239B
and
the
food
stamp
supplemental
nutrition
assistance
program
employment
and
training
program.
b.
The
department
of
workforce
development,
in
consultation
with
the
department
of
health
and
human
services,
shall
develop
and
implement
departmental
recruitment
and
employment
practices
that
address
the
needs
of
former
and
current
participants
in
the
family
investment
program
under
chapter
239B
.
3.
The
director
of
the
department
of
workforce
development,
in
cooperation
with
the
department
of
health
and
human
rights
services
and
the
vocational
rehabilitation
services
division
of
the
department
of
education
workforce
development
,
shall
establish
a
program
to
provide
job
placement
and
training
to
persons
with
disabilities.
Sec.
48.
Section
84A.9,
Code
2023,
is
amended
to
read
as
follows:
84A.9
Statewide
mentoring
program.
A
statewide
mentoring
program
is
established
to
recruit,
screen,
train,
and
match
individuals
in
a
mentoring
relationship.
The
department
of
workforce
development
shall
administer
the
program
in
collaboration
with
the
departments
Senate
File
514,
p.
25
of
health
and
human
services
,
and
education
,
and
human
rights
.
The
availability
of
the
program
is
subject
to
the
funding
appropriated
for
the
purposes
of
the
program.
Sec.
49.
Section
84A.11,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
department
of
workforce
development
shall
consult
with
the
board
of
nursing,
the
department
of
public
health
and
human
services
,
the
department
of
education,
and
other
appropriate
entities
in
developing
recommendations
to
determine
options
for
additional
data
collection.
Sec.
50.
Section
84B.1,
Code
2023,
is
amended
to
read
as
follows:
84B.1
Workforce
development
system.
The
departments
of
workforce
development,
education,
health
and
human
services,
and
corrections,
the
economic
development
authority,
the
department
on
aging,
the
division
of
Iowa
vocational
rehabilitation
services
of
the
department
of
education
workforce
development
,
and
the
department
for
the
blind
shall
collaborate
where
possible
under
applicable
state
and
federal
law
to
align
workforce
development
programs,
services,
and
activities
in
an
integrated
workforce
development
system
in
the
state
and
in
each
local
workforce
development
area
that
is
data
driven
and
responsive
to
the
needs
of
workers,
job
seekers,
and
employers.
The
departments,
authority,
and
division
shall
also
jointly
establish
an
integrated
management
information
system
for
linking
workforce
development
programs
within
local
workforce
development
systems
and
in
the
state.
Sec.
51.
Section
84B.2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
of
workforce
development,
in
consultation
with
the
departments
of
education,
health
and
human
services,
and
corrections,
the
economic
development
authority,
the
department
on
aging,
the
division
of
Iowa
vocational
rehabilitation
services
of
the
department
of
education
workforce
development
,
and
the
department
for
the
blind
shall
establish
guidelines
for
colocating
state
and
federal
employment
and
training
programs
in
centers
providing
services
at
the
local
level.
The
centers
shall
be
known
as
workforce
development
centers.
The
guidelines
shall
provide
for
local
design
and
operation
within
Senate
File
514,
p.
26
the
guidelines.
The
core
services
available
at
a
center
shall
include
but
are
not
limited
to
all
of
the
following:
Sec.
52.
Section
85.38,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Lien
for
hospital
and
medical
services
under
chapter
249A
.
In
the
event
any
hospital
or
medical
services
as
provided
in
section
85.27
are
paid
by
the
state
department
of
health
and
human
services
on
behalf
of
an
employee
who
is
entitled
to
such
benefits
under
the
provisions
of
this
chapter
or
chapter
85A
or
85B
,
a
lien
shall
exist
as
respects
the
right
of
such
employee
to
benefits
as
described
in
section
85.27
.
Sec.
53.
Section
85.60,
Code
2023,
is
amended
to
read
as
follows:
85.60
Injuries
while
in
work-based
learning
opportunity,
employment
training,
or
evaluation.
A
person
participating
in
a
work-based
learning
opportunity
referred
to
in
section
85.61
,
or
receiving
earnings
while
engaged
in
employment
training
or
while
undergoing
an
employment
evaluation
under
the
direction
of
a
rehabilitation
facility
approved
for
purchase-of-service
contracts
or
for
referrals
by
the
department
of
health
and
human
services
or
the
department
of
education,
who
sustains
an
injury
arising
out
of
and
in
the
course
of
the
work-based
learning
opportunity
participation,
employment
training,
or
employment
evaluation
is
entitled
to
benefits
as
provided
in
this
chapter
,
chapter
85A
,
chapter
85B
,
and
chapter
86
.
Notwithstanding
the
minimum
benefit
provisions
of
this
chapter
,
a
person
referred
to
in
this
section
and
entitled
to
benefits
under
this
chapter
is
entitled
to
receive
a
minimum
weekly
benefit
amount
for
a
permanent
partial
disability
under
section
85.34,
subsection
2
,
or
for
a
permanent
total
disability
under
section
85.34,
subsection
3
,
equal
to
the
weekly
benefit
amount
of
a
person
whose
gross
weekly
earnings
are
thirty-five
percent
of
the
statewide
average
weekly
wage
computed
pursuant
to
section
96.3
and
in
effect
at
the
time
of
the
injury.
Sec.
54.
Section
85.61,
subsection
3,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
A
rehabilitation
facility
approved
for
purchase-of-service
contracts
or
for
referrals
by
the
Senate
File
514,
p.
27
department
of
health
and
human
services
or
the
department
of
education.
Sec.
55.
Section
85A.11,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
specimens
for
the
tests
required
by
this
section
must
be
taken
by
a
licensed
practicing
physician
or
osteopathic
physician,
and
immediately
delivered
to
the
state
hygienic
laboratory
of
the
Iowa
department
of
public
health
at
Iowa
City
.
Each
specimen
shall
be
in
a
container
upon
which
is
plainly
printed
the
name
and
address
of
the
subject,
the
date
when
the
specimen
was
taken,
the
name
and
address
of
the
subject’s
employer,
and
a
certificate
by
the
physician
or
osteopathic
physician
that
the
physician
took
the
specimen
from
the
named
subject
on
the
date
stated
over
the
physician’s
signature
and
address.
Sec.
56.
Section
85A.20,
Code
2023,
is
amended
to
read
as
follows:
85A.20
Investigation.
The
workers’
compensation
commissioner
may
designate
the
industrial
hygiene
physician
medical
director
of
the
Iowa
department
of
public
health
and
human
services
and
two
physicians
selected
by
the
dean
of
the
university
of
Iowa
college
of
medicine,
from
the
staff
of
the
college,
who
shall
be
qualified
to
diagnose
and
report
on
occupational
diseases.
For
the
purpose
of
investigating
occupational
diseases,
the
physicians
shall
have
the
use,
without
charge,
of
all
necessary
laboratory
and
other
facilities
of
the
university
of
Iowa
college
of
medicine
and
of
the
university
hospital
at
the
state
university
of
Iowa,
and
of
the
Iowa
department
of
public
health
and
human
services
in
performing
the
physicians’
duties.
Sec.
57.
Section
89.4,
subsection
1,
paragraph
h,
Code
2023,
is
amended
to
read
as
follows:
h.
Hot
water
heating
boilers
used
for
heating
pools
or
spas
regulated
by
the
department
of
public
health
inspections,
appeals,
and
licensing
pursuant
to
chapter
135I
.
Sec.
58.
Section
89B.17,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
director
of
public
health
and
human
services
,
the
labor
commissioner,
and
the
director
of
the
department
of
natural
Senate
File
514,
p.
28
resources
or
the
director’s
designee
under
written
signatures
of
all
these
parties
may
recommend
any
of
the
following
actions:
Sec.
59.
Section
92.17,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
A
child
from
working
in
any
occupation
or
business
operated
by
the
child’s
parents.
For
the
purposes
of
this
subsection
,
“child”
and
“parents”
include
a
foster
child
and
the
child’s
foster
parents
who
are
licensed
by
the
department
of
health
and
human
services.
Sec.
60.
Section
96.3,
subsections
9
and
11,
Code
2023,
are
amended
to
read
as
follows:
9.
Child
support
intercept.
a.
An
individual
filing
a
claim
for
benefits
under
section
96.6,
subsection
1
,
shall,
at
the
time
of
filing,
disclose
whether
the
individual
owes
a
child
support
obligation
which
is
being
enforced
by
the
child
support
recovery
unit
services
established
in
section
252B.2
.
If
an
individual
discloses
that
such
a
child
support
obligation
is
owed
and
the
individual
is
determined
to
be
eligible
for
benefits
under
this
chapter
,
the
department
shall
notify
the
child
support
recovery
unit
services
of
the
individual’s
disclosure
and
deduct
and
withhold
from
benefits
payable
to
the
individual
the
amount
specified
by
the
individual.
b.
However,
if
the
child
support
recovery
unit
services
and
an
individual
owing
a
child
support
obligation
reach
an
agreement
to
have
specified
amounts
deducted
and
withheld
from
the
individual’s
benefits
and
the
child
support
recovery
unit
services
submits
a
copy
of
the
agreement
to
the
department,
the
department
shall
deduct
and
withhold
the
specified
amounts.
c.
(1)
However,
if
the
department
is
notified
of
income
withholding
by
the
child
support
recovery
unit
services
under
chapter
252D
or
section
598.22
or
598.23
or
if
income
is
garnisheed
by
the
child
support
recovery
unit
services
under
chapter
642
and
an
individual’s
benefits
are
condemned
to
the
satisfaction
of
the
child
support
obligation
being
enforced
by
the
child
support
recovery
unit
services
,
the
department
shall
deduct
and
withhold
from
the
individual’s
benefits
that
amount
required
through
legal
process.
(2)
Notwithstanding
section
642.2,
subsections
2,
3,
Senate
File
514,
p.
29
6,
and
7
,
which
restrict
garnishments
under
chapter
642
to
wages
of
public
employees,
the
department
may
be
garnisheed
under
chapter
642
by
the
child
support
recovery
unit
services
established
in
section
252B.2
,
pursuant
to
a
judgment
for
child
support
against
an
individual
eligible
for
benefits
under
this
chapter
.
(3)
Notwithstanding
section
96.15
,
benefits
under
this
chapter
are
not
exempt
from
income
withholding,
garnishment,
attachment,
or
execution
if
withheld
for
or
garnisheed
by
the
child
support
recovery
unit
services
,
established
in
section
252B.2
,
or
if
an
income
withholding
order
or
notice
of
the
income
withholding
order
under
section
598.22
or
598.23
is
being
enforced
by
the
child
support
recovery
unit
services
to
satisfy
the
child
support
obligation
of
an
individual
who
is
eligible
for
benefits
under
this
chapter
.
d.
An
amount
deducted
and
withheld
under
paragraph
“a”
,
“b”
,
or
“c”
shall
be
paid
by
the
department
to
the
child
support
recovery
unit
services
,
and
shall
be
treated
as
if
it
were
paid
to
the
individual
as
benefits
under
this
chapter
and
as
if
it
were
paid
by
the
individual
to
the
child
support
recovery
unit
services
in
satisfaction
of
the
individual’s
child
support
obligations.
e.
If
an
agreement
for
reimbursement
has
been
made,
the
department
shall
be
reimbursed
by
the
child
support
recovery
unit
services
for
the
administrative
costs
incurred
by
the
department
under
this
section
which
are
attributable
to
the
enforcement
of
child
support
obligations
by
the
child
support
recovery
unit
services
.
11.
Overissuance
of
food
stamp
supplemental
nutrition
assistance
program
benefits.
The
department
shall
collect
any
overissuance
of
food
stamp
supplemental
nutrition
assistance
program
benefits
by
offsetting
the
amount
of
the
overissuance
from
the
benefits
payable
under
this
chapter
to
the
individual.
This
subsection
shall
only
apply
if
the
department
is
reimbursed
under
an
agreement
with
the
department
of
health
and
human
services
for
administrative
costs
incurred
in
recouping
the
overissuance.
The
provisions
of
section
96.15
do
not
apply
to
this
subsection
.
Sec.
61.
Section
97B.49B,
subsection
1,
paragraph
e,
Senate
File
514,
p.
30
subparagraph
(16),
Code
2023,
is
amended
to
read
as
follows:
(16)
A
person
employed
by
the
department
of
health
and
human
services
as
a
psychiatric
security
specialist
at
a
civil
commitment
unit
for
sexually
violent
offenders
facility.
Sec.
62.
Section
99D.7,
subsections
22
and
23,
Code
2023,
are
amended
to
read
as
follows:
22.
To
cooperate
with
the
gambling
treatment
program
administered
by
the
Iowa
department
of
public
health
and
human
services
to
incorporate
information
regarding
the
gambling
treatment
program
and
its
toll-free
telephone
number
in
printed
materials
distributed
by
the
commission.
The
commission
may
require
licensees
to
have
the
information
available
in
a
conspicuous
place
as
a
condition
of
licensure.
23.
To
establish
a
process
to
allow
a
person
to
be
voluntarily
excluded
from
advance
deposit
wagering
as
defined
in
section
99D.11
,
from
an
internet
fantasy
sports
contest
as
defined
in
section
99E.1
,
from
advance
deposit
sports
wagering
as
defined
in
section
99F.9
,
and
from
the
wagering
area
of
a
racetrack
enclosure,
from
the
gaming
floor,
and
from
the
sports
wagering
area,
as
defined
in
section
99F.1
,
of
all
other
licensed
facilities
under
this
chapter
and
chapter
99F
as
provided
in
this
subsection
.
The
process
shall
provide
that
an
initial
request
by
a
person
to
be
voluntarily
excluded
shall
be
for
a
period
of
five
years
or
life
and
any
subsequent
request
following
any
five-year
period
shall
be
for
a
period
of
five
years
or
life.
The
process
established
shall
require
that
licensees
be
provided
electronic
access
to
names
and
social
security
numbers
of
persons
voluntarily
excluded
through
a
secured
interactive
internet
site
maintained
by
the
commission
and
information
regarding
persons
voluntarily
excluded
shall
be
disseminated
to
all
licensees
under
this
chapter
,
chapter
99E
,
and
chapter
99F
.
The
names,
social
security
numbers,
and
information
regarding
persons
voluntarily
excluded
shall
be
kept
confidential
unless
otherwise
ordered
by
a
court
or
by
another
person
duly
authorized
to
release
such
information.
The
process
established
shall
also
require
a
person
requesting
to
be
voluntarily
excluded
be
provided
information
compiled
by
the
Iowa
department
of
public
health
and
human
services
on
gambling
treatment
options.
The
state
and
any
licensee
Senate
File
514,
p.
31
under
this
chapter
,
chapter
99E
,
or
chapter
99F
shall
not
be
liable
to
any
person
for
any
claim
which
may
arise
from
this
process.
In
addition
to
any
other
penalty
provided
by
law,
any
money
or
thing
of
value
that
has
been
obtained
by,
or
is
owed
to,
a
voluntarily
excluded
person
as
a
result
of
wagers
made
by
the
person
after
the
person
has
been
voluntarily
excluded
shall
be
forfeited
by
the
person
and
shall
be
credited
to
the
general
fund
of
the
state.
The
commission
shall
not
initiate
any
administrative
action
or
impose
penalties
on
a
licensee
who
voluntarily
reports
to
the
commission
activity
described
in
section
99D.24,
subsection
4
,
paragraph
“c”
.
Sec.
63.
Section
99D.9,
subsection
6,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
A
licensee
shall
not
permit
a
financial
institution,
vendor,
or
other
person
to
dispense
cash
or
credit
through
an
electronic
or
mechanical
device
including
but
not
limited
to
a
satellite
terminal
as
defined
in
section
527.2
,
that
is
located
in
the
wagering
area.
However,
this
paragraph
shall
not
apply
to
cashless
wagering
systems
where
a
person
accesses
a
cash
account
through
a
mobile
application
used
by
the
licensee
to
conduct
cashless
wagering.
The
mobile
application
shall
include
the
statewide
telephone
number
authorized
by
the
Iowa
department
of
public
health
and
human
services
to
provide
problem
gambling
information
and
extensive
responsible
gaming
features
in
addition
to
those
described
in
section
99D.7,
subsection
23
.
Sec.
64.
Section
99E.5,
subsection
2,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
Include
on
the
internet
site
or
mobile
application
used
by
the
licensee
to
conduct
internet
fantasy
sports
contests
the
statewide
telephone
number
authorized
by
the
Iowa
department
of
public
health
and
human
services
to
provide
problem
gambling
information
and
extensive
responsible
gaming
features
in
addition
to
those
described
in
section
99F.4,
subsection
22
.
Sec.
65.
Section
99F.4,
subsection
22,
Code
2023,
is
amended
to
read
as
follows:
22.
To
establish
a
process
to
allow
a
person
to
be
voluntarily
excluded
from
advance
deposit
wagering
as
defined
in
section
99D.11
,
from
an
internet
fantasy
sports
contest
as
Senate
File
514,
p.
32
defined
in
section
99E.1
,
from
advance
deposit
sports
wagering
as
defined
in
section
99F.9
,
from
the
gaming
floor
and
sports
wagering
area
of
an
excursion
gambling
boat,
from
the
wagering
area,
as
defined
in
section
99D.2
,
and
from
the
gaming
floor
and
sports
wagering
area
of
all
other
licensed
facilities
under
this
chapter
and
chapter
99D
as
provided
in
this
subsection
.
The
process
shall
provide
that
an
initial
request
by
a
person
to
be
voluntarily
excluded
shall
be
for
a
period
of
five
years
or
life
and
any
subsequent
request
following
any
five-year
period
shall
be
for
a
period
of
five
years
or
life.
The
process
established
shall
require
that
licensees
be
provided
electronic
access
to
names
and
social
security
numbers
of
persons
voluntarily
excluded
through
a
secured
interactive
internet
site
maintained
by
the
commission
and
information
regarding
persons
voluntarily
excluded
shall
be
disseminated
to
all
licensees
under
this
chapter
,
chapter
99D
,
and
chapter
99E
.
The
names,
social
security
numbers,
and
information
regarding
persons
voluntarily
excluded
shall
be
kept
confidential
unless
otherwise
ordered
by
a
court
or
by
another
person
duly
authorized
to
release
such
information.
The
process
established
shall
also
require
a
person
requesting
to
be
voluntarily
excluded
be
provided
information
compiled
by
the
Iowa
department
of
public
health
and
human
services
on
gambling
treatment
options.
The
state
and
any
licensee
under
this
chapter
,
chapter
99D
,
or
chapter
99E
shall
not
be
liable
to
any
person
for
any
claim
which
may
arise
from
this
process.
In
addition
to
any
other
penalty
provided
by
law,
any
money
or
thing
of
value
that
has
been
obtained
by,
or
is
owed
to,
a
voluntarily
excluded
person
as
a
result
of
wagers
made
by
the
person
after
the
person
has
been
voluntarily
excluded
shall
be
forfeited
by
the
person
and
shall
be
credited
to
the
general
fund
of
the
state.
The
commission
shall
not
initiate
any
administrative
action
or
impose
penalties
on
a
licensee
who
voluntarily
reports
to
the
commission
activity
described
in
section
99F.15,
subsection
4
,
paragraph
“n”
.
Sec.
66.
Section
99F.7,
subsection
10,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
A
licensee
shall
not
permit
a
financial
institution,
vendor,
or
other
person
to
dispense
cash
or
credit
through
an
electronic
or
mechanical
device
including
but
not
limited
to
a
Senate
File
514,
p.
33
satellite
terminal,
as
defined
in
section
527.2
,
that
is
located
on
the
gaming
floor.
However,
this
paragraph
shall
not
apply
to
cashless
wagering
systems
where
a
person
accesses
a
cash
account
through
a
mobile
application
used
by
the
licensee
to
conduct
cashless
wagering.
The
mobile
application
shall
include
the
statewide
telephone
number
authorized
by
the
Iowa
department
of
public
health
and
human
services
to
provide
problem
gambling
information
and
extensive
responsible
gaming
features
in
addition
to
those
described
in
section
99F.4,
subsection
22
.
Sec.
67.
Section
99F.7A,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Include
on
the
internet
site
or
mobile
application
used
by
the
licensee
to
conduct
advance
deposit
sports
wagering
as
authorized
in
section
99F.9
the
statewide
telephone
number
authorized
by
the
Iowa
department
of
public
health
and
human
services
to
provide
problem
gambling
information
and
extensive
responsible
gaming
features
in
addition
to
those
described
in
section
99F.4,
subsection
22
.
Sec.
68.
Section
100C.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Alarm
system”
means
a
system
or
portion
of
a
combination
system
that
consists
of
components
and
circuits
arranged
to
monitor
and
annunciate
the
status
of
a
fire
alarm,
security
alarm,
or
nurse
call
or
supervisory
signal-initiating
devices
and
to
initiate
the
appropriate
response
to
those
signals,
but
does
not
mean
any
such
security
system
or
portion
of
a
combination
system
installed
in
a
prison,
jail,
or
detention
facility
owned
by
the
state,
a
political
subdivision
of
the
state,
the
department
of
health
and
human
services,
or
the
Iowa
veterans
home.
Sec.
69.
Section
101C.3,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
Iowa
propane
education
and
research
council
is
established.
The
council
shall
consist
of
ten
voting
members,
nine
of
whom
represent
retail
propane
marketers
and
one
of
whom
shall
be
the
administrator
of
the
division
of
a
representative
of
the
department
of
health
and
human
services
responsible
for
community
action
agencies
of
the
department
of
human
rights
.
Members
of
the
council
other
than
the
administrator
Senate
File
514,
p.
34
representing
retail
propane
marketers
shall
be
appointed
by
the
fire
marshal
from
a
list
of
nominees
submitted
by
qualified
propane
industry
organizations
by
December
15
of
each
year.
A
vacancy
in
the
unfinished
term
of
a
council
member
shall
be
filled
for
the
remainder
of
the
term
in
the
same
manner
as
the
original
appointment
was
made.
Other
than
the
administrator,
council
Council
members
representing
retail
propane
marketers
shall
be
full-time
employees
or
owners
of
a
propane
industry
business
or
representatives
of
an
agricultural
cooperative
actively
engaged
in
the
propane
industry.
An
employee
of
a
qualified
propane
industry
organization
shall
not
serve
as
a
member
of
the
council.
An
officer
of
the
board
of
directors
of
a
qualified
propane
industry
organization
or
propane
industry
trade
association
shall
not
serve
concurrently
as
a
member
of
the
council.
The
fire
marshal
or
a
designee
may
serve
as
an
ex
officio,
nonvoting
member
of
the
council.
Sec.
70.
Section
123.47,
subsection
4,
paragraph
a,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
A
second
offense
shall
be
a
simple
misdemeanor
punishable
by
a
fine
of
five
hundred
dollars.
In
addition
to
any
other
applicable
penalty,
the
person
in
violation
of
this
section
shall
choose
between
either
completing
a
substance
abuse
use
disorder
evaluation
or
the
suspension
of
the
person’s
motor
vehicle
operating
privileges
for
a
period
not
to
exceed
one
year.
Sec.
71.
Section
124.409,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Whenever
the
court
finds
that
a
person
who
is
charged
with
a
violation
of
section
124.401
and
who
consents
thereto,
or
who
has
entered
a
plea
of
guilty
to
or
been
found
guilty
of
a
violation
of
that
section,
is
addicted
to,
dependent
upon,
or
a
chronic
abuser
user
of
any
controlled
substance
and
that
such
person
will
be
aided
by
proper
medical
treatment
and
rehabilitative
services,
the
court
may
order
that
the
person
be
committed
as
an
in-patient
or
out-patient
to
a
facility
licensed
by
the
Iowa
department
of
public
health
and
human
services
for
medical
treatment
and
rehabilitative
services.
Sec.
72.
Section
124.504,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
35
3.
A
practitioner
engaged
in
medical
practice
or
research
or
the
Iowa
drug
abuse
substance
use
disorder
authority
or
any
program
which
is
licensed
by
the
authority
shall
not
be
required
to
furnish
the
name
or
identity
of
a
patient
or
research
subject
to
the
board
or
the
department,
nor
shall
the
practitioner
or
the
authority
or
any
program
which
is
licensed
by
the
authority
be
compelled
in
any
state
or
local
civil,
criminal,
administrative,
legislative
or
other
proceedings
to
furnish
the
name
or
identity
of
an
individual
that
the
practitioner
or
the
authority
or
any
of
its
licensed
programs
is
obligated
to
keep
confidential.
Sec.
73.
Section
124.551,
subsection
2,
paragraph
a,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
program
shall
collect
from
pharmacies
dispensing
information
for
controlled
substances
identified
pursuant
to
section
124.554,
subsection
1
,
paragraph
“g”
,
and
from
first
responders
as
defined
in
section
147A.1,
subsection
7
,
with
the
exception
of
emergency
medical
care
providers
as
defined
in
section
147A.1,
subsection
4
,
administration
information
for
opioid
antagonists.
The
department
of
public
health
and
human
services
shall
provide
information
for
the
administration
of
opioid
antagonists
to
the
board
as
prescribed
by
rule
for
emergency
medical
care
providers
as
defined
in
section
147A.1,
subsection
4
.
The
board
shall
adopt
rules
requiring
the
following
information
to
be
provided
regarding
the
administration
of
opioid
antagonists:
Sec.
74.
Section
124.556,
Code
2023,
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
abuse
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.
75.
Section
124E.2,
subsections
3
and
8,
Code
2023,
are
Senate
File
514,
p.
36
amended
to
read
as
follows:
3.
“Department”
means
the
department
of
public
health
and
human
services
.
8.
“Laboratory”
means
the
state
hygienic
laboratory
at
the
university
of
Iowa
in
Iowa
City
or
any
other
independent
medical
cannabidiol
testing
facility
accredited
to
standard
ISO/IEC
17025
by
an
international
organization
for
standards-approved
accrediting
body,
with
a
controlled
substance
registration
certificate
from
the
United
States
drug
enforcement
administration
and
a
certificate
of
registration
from
the
board
of
pharmacy.
For
the
purposes
of
this
chapter
,
an
independent
laboratory
is
a
laboratory
operated
by
an
entity
that
has
no
equity
ownership
in
a
medical
cannabidiol
manufacturer.
Sec.
76.
Section
124E.6,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
A
medical
cannabidiol
manufacturer
shall
contract
with
a
laboratory
to
perform
spot-check
testing
of
the
medical
cannabidiol
produced
by
the
medical
cannabidiol
manufacturer
as
provided
in
section
124E.7
.
The
department
shall
require
that
the
laboratory
report
testing
results
to
the
medical
cannabidiol
manufacturer
and
the
department
as
determined
by
the
department
by
rule.
If
a
medical
cannabidiol
manufacturer
contracts
with
a
laboratory
other
than
the
state
hygienic
laboratory
at
the
university
of
Iowa
in
Iowa
City
,
the
department
shall
approve
the
laboratory
to
perform
testing
pursuant
to
this
chapter
.
Sec.
77.
Section
124E.14,
Code
2023,
is
amended
to
read
as
follows:
124E.14
Out-of-state
medical
cannabidiol
dispensaries.
The
department
of
public
health
shall
utilize
a
request
for
proposals
process
to
select
and
license
by
December
1,
2017,
up
to
two
out-of-state
medical
cannabidiol
dispensaries
from
a
bordering
state
to
sell
and
dispense
medical
cannabidiol
to
a
patient
or
primary
caregiver
in
possession
of
a
valid
medical
cannabidiol
registration
card
issued
under
this
chapter
.
Sec.
78.
Section
125.1,
Code
2023,
is
amended
to
read
as
follows:
125.1
Declaration
of
policy.
It
is
the
policy
of
this
state:
Senate
File
514,
p.
37
1.
That
persons
with
substance-related
disorders
a
substance
use
disorder
be
afforded
the
opportunity
to
receive
quality
treatment
and
directed
into
rehabilitation
services
which
will
help
them
resume
a
socially
acceptable
and
productive
role
in
society.
2.
To
encourage
substance
abuse
use
disorder
education
and
prevention
efforts
and
to
insure
that
such
efforts
are
coordinated
to
provide
a
high
quality
of
services
without
unnecessary
duplication.
3.
To
insure
that
substance
abuse
use
disorder
programs
are
being
operated
by
individuals
who
are
qualified
in
their
field
whether
through
formal
education
or
through
employment
or
personal
experience.
Sec.
79.
Section
125.2,
Code
2023,
is
amended
to
read
as
follows:
125.2
Definitions.
For
purposes
of
this
chapter
,
unless
the
context
clearly
indicates
otherwise:
1.
“Board”
means
the
state
board
of
health
created
pursuant
to
chapter
136
.
2.
1.
“Chemical
substance”
means
alcohol,
wine,
spirits,
and
beer
as
defined
in
chapter
123
and
controlled
substances
as
defined
in
section
124.101
.
3.
2.
“Chief
medical
officer”
means
the
medical
director
in
charge
of
a
public
or
private
hospital,
or
the
director’s
physician-designee.
This
chapter
does
not
negate
the
authority
otherwise
reposed
by
chapter
226
in
the
respective
superintendents
of
the
state
mental
health
institutes
to
make
decisions
regarding
the
appropriateness
of
admissions
or
discharges
of
patients
of
those
institutes,
however,
it
is
the
intent
of
this
chapter
that
a
superintendent
who
is
not
a
licensed
physician
shall
be
guided
in
these
decisions
by
the
chief
medical
officer
of
the
institute.
4.
3.
“Clerk”
means
the
clerk
of
the
district
court.
4.
“Council”
means
the
council
on
health
and
human
services.
5.
“County
of
residence”
means
the
same
as
defined
in
section
331.394
.
6.
“Department”
means
the
Iowa
department
of
public
health
and
human
services
.
Senate
File
514,
p.
38
7.
“Director”
means
the
director
of
the
Iowa
department
of
public
health
and
human
services
.
8.
“Facility”
means
an
institution,
a
detoxification
center,
or
an
installation
providing
care,
maintenance
and
treatment
for
persons
with
substance-related
disorders
a
substance
use
disorder
licensed
by
the
department
under
section
125.13
,
hospitals
licensed
under
chapter
135B
,
or
the
state
mental
health
institutes
designated
by
chapter
226
.
9.
“Incapacitated
by
a
chemical
substance”
means
that
a
person,
as
a
result
of
the
use
of
a
chemical
substance,
is
unconscious
or
has
the
person’s
judgment
otherwise
so
impaired
that
the
person
is
incapable
of
realizing
and
making
a
rational
decision
with
respect
to
the
need
for
treatment.
10.
“Incompetent
person”
means
a
person
who
has
been
adjudged
incompetent
by
a
court
of
law.
11.
“Interested
person”
means
a
person
who,
in
the
discretion
of
the
court,
is
legitimately
concerned
that
a
respondent
receive
substance
abuse
use
disorder
treatment
services.
12.
“Magistrate”
means
the
same
as
defined
in
section
801.4,
subsection
10
.
13.
“Mental
health
professional”
means
the
same
as
defined
in
section
228.1
.
14.
“Psychiatric
advanced
registered
nurse
practitioner”
means
an
individual
currently
licensed
as
a
registered
nurse
under
chapter
152
or
152E
who
holds
a
national
certification
in
psychiatric
mental
health
care
and
who
is
licensed
by
the
board
of
nursing
as
an
advanced
registered
nurse
practitioner.
15.
“Respondent”
means
a
person
against
whom
an
application
is
filed
under
section
125.75
.
16.
“Substance-related
disorder”
“Substance
use
disorder”
means
a
diagnosable
substance
abuse
use
disorder
of
sufficient
duration
to
meet
diagnostic
criteria
specified
within
the
most
current
diagnostic
and
statistical
manual
of
mental
disorders
published
by
the
American
psychiatric
association
that
results
in
a
functional
impairment.
Sec.
80.
Section
125.3,
Code
2023,
is
amended
to
read
as
follows:
125.3
Substance
abuse
use
disorder
program
established.
Senate
File
514,
p.
39
The
Iowa
department
of
public
health
shall
develop,
implement,
and
administer
a
comprehensive
substance
abuse
use
disorder
program
pursuant
to
sections
125.1
and
125.2
,
this
section
,
and
sections
125.7
,
125.9
,
125.10
,
125.12
through
125.21
,
125.25
,
125.32
through
125.34
,
and
125.37
through
125.43
.
Sec.
81.
Section
125.7,
Code
2023,
is
amended
to
read
as
follows:
125.7
Duties
of
the
board
council
.
The
board
council
shall:
1.
Approve
the
comprehensive
substance
abuse
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
abuse
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.
Investigate
the
work
of
the
department
relating
to
substance
abuse
use
disorder
,
and
for
this
purpose
the
board
council
shall
have
access
at
any
time
to
all
books,
papers,
documents,
and
records
of
the
department.
6.
Consider
and
approve
or
disapprove
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.
82.
Section
125.9,
subsections
1,
2,
4,
5,
and
6,
Code
2023,
are
amended
to
read
as
follows:
1.
Plan,
establish
and
maintain
treatment,
intervention,
education,
and
prevention
programs
as
necessary
or
desirable
in
accordance
with
the
comprehensive
substance
abuse
use
disorder
Senate
File
514,
p.
40
program.
2.
Make
contracts
necessary
or
incidental
to
the
performance
of
the
duties
and
the
execution
of
the
powers
of
the
director,
including
contracts
with
public
and
private
agencies,
organizations
and
individuals
to
pay
them
for
services
rendered
or
furnished
to
persons
with
substance-related
disorders
a
substance
use
disorder
.
4.
Coordinate
the
activities
of
the
department
and
cooperate
with
substance
abuse
use
disorder
programs
in
this
and
other
states,
and
make
contracts
and
other
joint
or
cooperative
arrangements
with
state,
local
or
private
agencies
in
this
and
other
states
for
the
treatment
of
persons
with
substance-related
disorders
a
substance
use
disorder
and
for
the
common
advancement
of
substance
abuse
use
disorder
programs.
5.
Require
that
a
written
report,
in
reasonable
detail,
be
submitted
to
the
director
at
any
time
by
any
agency
of
this
state
or
of
any
of
its
political
subdivisions
in
respect
to
any
substance
abuse
use
disorder
prevention
function,
or
program
for
the
benefit
of
persons
who
are
or
have
been
involved
in
substance
abuse
use
disorder
,
which
is
being
conducted
by
the
agency.
6.
Submit
to
the
governor
a
written
report
of
the
pertinent
facts
at
any
time
the
director
concludes
that
any
agency
of
this
state
or
of
any
of
its
political
subdivisions
is
conducting
any
substance
abuse
use
disorder
prevention
function,
or
program
for
the
benefit
of
persons
who
are
or
have
been
involved
in
substance
abuse
use
disorder
in
a
manner
not
consistent
with
or
which
impairs
achievement
of
the
objectives
of
the
state
plan
to
combat
substance
abuse
use
disorder
,
and
has
failed
to
effect
appropriate
changes
in
the
function
or
program.
Sec.
83.
Section
125.10,
Code
2023,
is
amended
to
read
as
follows:
125.10
Duties
of
director.
The
director
shall:
1.
Prepare
and
submit
a
state
plan
subject
to
approval
by
the
board
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
514,
p.
41
2.
Develop,
encourage,
and
foster
statewide,
regional,
and
local
plans
and
programs
for
the
prevention
of
substance
misuse
use
disorder
and
the
treatment
of
persons
with
substance-related
disorders
a
substance
use
disorder
in
cooperation
with
public
and
private
agencies,
organizations
and
individuals,
and
provide
technical
assistance
and
consultation
services
for
these
purposes.
3.
Coordinate
the
efforts
and
enlist
the
assistance
of
all
public
and
private
agencies,
organizations,
and
individuals
interested
in
the
prevention
of
substance
misuse
use
disorder
and
the
treatment
of
persons
with
substance-related
disorders
a
substance
use
disorder
.
The
director’s
actions
to
implement
this
subsection
shall
also
address
the
treatment
needs
of
persons
who
have
a
mental
illness,
an
intellectual
disability,
brain
injury,
or
other
co-occurring
condition
in
addition
to
a
substance-related
substance
use
disorder.
4.
Cooperate
with
the
department
of
human
services
and
the
Iowa
department
of
public
health
in
establishing
and
conducting
programs
to
provide
treatment
for
persons
with
substance-related
disorders
a
substance
use
disorder
.
5.
Cooperate
with
the
department
of
education,
boards
of
education,
schools,
police
departments,
courts,
and
other
public
and
private
agencies,
organizations,
and
individuals
in
establishing
programs
for
the
prevention
of
substance
misuse
use
disorder
and
the
treatment
of
persons
with
substance-related
disorders
a
substance
use
disorder
,
and
in
preparing
relevant
curriculum
materials
for
use
at
all
levels
of
school
education.
6.
Prepare,
publish,
evaluate
and
disseminate
educational
material
dealing
with
the
nature
and
effects
of
chemical
substances.
7.
Develop
and
implement,
as
an
integral
part
of
treatment
programs,
an
educational
program
for
use
in
the
treatment
of
persons
with
substance-related
disorders
a
substance
use
disorder
,
which
program
shall
include
the
dissemination
of
information
concerning
the
nature
and
effects
of
substances.
8.
Organize
and
implement,
in
cooperation
with
local
treatment
programs,
training
programs
for
all
persons
engaged
in
treatment
of
persons
with
substance-related
disorders
a
Senate
File
514,
p.
42
substance
use
disorder
.
9.
Sponsor
and
implement
research
in
cooperation
with
local
treatment
programs
into
the
causes
and
nature
of
substance
misuse
use
disorder
and
treatment
of
persons
with
substance-related
disorders
a
substance
use
disorder
,
and
serve
as
a
clearing
house
for
information
relating
to
substance
misuse
use
disorder
.
10.
Specify
uniform
methods
for
keeping
statistical
information
by
public
and
private
agencies,
organizations,
and
individuals,
and
collect
and
make
available
relevant
statistical
information,
including
number
of
persons
treated,
frequency
of
admission
and
readmission,
and
frequency
and
duration
of
treatment.
11.
Develop
and
implement,
with
the
counsel
and
approval
of
the
board
council
,
the
comprehensive
plan
for
treatment
of
persons
with
substance-related
disorders
a
substance
use
disorder
in
accordance
with
this
chapter
.
12.
Assist
in
the
development
of,
and
cooperate
with,
substance
abuse
use
disorder
education
and
treatment
programs
for
employees
of
state
and
local
governments
and
businesses
and
industries
in
the
state.
13.
Utilize
the
support
and
assistance
of
interested
persons
in
the
community,
particularly
persons
who
are
recovering
from
substance-related
disorders
a
substance
use
disorder
to
encourage
persons
with
substance-related
disorders
a
substance
use
disorder
to
voluntarily
undergo
treatment.
14.
Cooperate
with
the
commissioner
of
public
safety
in
establishing
and
conducting
programs
designed
to
deal
with
the
problem
of
persons
operating
motor
vehicles
while
intoxicated.
15.
Encourage
general
hospitals
and
other
appropriate
health
facilities
to
admit
without
discrimination
persons
with
substance-related
disorders
a
substance
use
disorder
and
to
provide
them
with
adequate
and
appropriate
treatment.
The
director
may
negotiate
and
implement
contracts
with
hospitals
and
other
appropriate
health
facilities
with
adequate
detoxification
facilities.
16.
Encourage
all
health
and
disability
insurance
programs
to
include
substance-related
substance
use
disorders
as
covered
illnesses.
Senate
File
514,
p.
43
17.
Review
all
state
health,
welfare,
education
and
treatment
proposals
to
be
submitted
for
federal
funding
under
federal
legislation,
and
advise
the
governor
on
provisions
to
be
included
relating
to
substance
misuse
use
disorder
and
persons
with
substance-related
disorders
a
substance
use
disorder
.
Sec.
84.
Section
125.12,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
The
board
council
shall
review
the
comprehensive
substance
abuse
use
disorder
program
implemented
by
the
department
for
the
treatment
of
persons
with
substance-related
disorders
a
substance
use
disorder
and
concerned
family
members.
Subject
to
the
review
of
the
board
council
,
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
abuse
use
disorder
treatment
services.
3.
The
director
shall
provide
for
adequate
and
appropriate
treatment
for
persons
with
substance-related
disorders
a
substance
use
disorder
and
concerned
family
members
admitted
under
sections
125.33
and
125.34
,
or
under
section
125.75
,
125.81
,
or
125.91
.
Treatment
shall
not
be
provided
at
a
correctional
institution
except
for
inmates.
A
mental
health
professional
who
is
employed
by
a
treatment
provider
under
the
program
may
provide
treatment
to
a
person
with
co-occurring
substance-related
substance
use
and
mental
health
disorders.
Such
treatment
may
also
be
provided
by
a
person
employed
by
such
a
treatment
provider
who
is
receiving
the
supervision
required
to
meet
the
definition
of
mental
health
professional
but
has
not
completed
the
supervision
component.
Sec.
85.
Section
125.13,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Except
as
provided
in
subsection
2
,
a
person
shall
not
maintain
or
conduct
any
chemical
substitutes
or
antagonists
program,
residential
program,
or
nonresidential
outpatient
program,
the
primary
purpose
of
which
is
the
treatment
and
rehabilitation
of
persons
with
substance-related
disorders
a
substance
use
disorder
without
having
first
obtained
a
written
Senate
File
514,
p.
44
license
for
the
program
from
the
department.
Sec.
86.
Section
125.13,
subsection
2,
paragraphs
a,
b,
c,
f,
i,
and
j,
Code
2023,
are
amended
to
read
as
follows:
a.
A
hospital
providing
care
or
treatment
to
persons
with
substance-related
disorders
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
board
council
.
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
board
council
by
virtue
of
its
utilization
of
the
services
of
a
medical
practitioner
in
its
operation.
c.
Private
institutions
conducted
by
and
for
persons
who
adhere
to
the
faith
of
any
well
recognized
church
or
religious
denomination
for
the
purpose
of
providing
care,
treatment,
counseling,
or
rehabilitation
to
persons
with
substance-related
disorders
a
substance
use
disorder
and
who
rely
solely
on
prayer
or
other
spiritual
means
for
healing
in
the
practice
of
religion
of
such
church
or
denomination.
f.
Individuals
in
private
practice
who
are
providing
substance
abuse
use
disorder
treatment
services
independent
from
a
program
that
is
required
to
be
licensed
under
subsection
1
.
i.
A
substance
abuse
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
board
council
.
All
survey
reports
from
the
accrediting
or
licensing
body
must
be
sent
to
the
department.
j.
A
hospital
substance
abuse
use
disorder
treatment
program
that
is
accredited
or
licensed
by
the
joint
commission
on
the
accreditation
of
health
care
organizations,
the
commission
on
Senate
File
514,
p.
45
the
accreditation
of
rehabilitation
facilities,
the
American
osteopathic
association,
or
another
recognized
organization
approved
by
the
board
council
.
All
survey
reports
for
the
hospital
substance
abuse
use
disorder
treatment
program
from
the
accrediting
or
licensing
body
shall
be
sent
to
the
department.
Sec.
87.
Section
125.14,
Code
2023,
is
amended
to
read
as
follows:
125.14
Licenses
——
renewal
——
fees.
The
board
council
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
board
council
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.
88.
Section
125.14A,
Code
2023,
is
amended
to
read
as
follows:
125.14A
Personnel
of
a
licensed
program
admitting
juveniles.
1.
If
a
person
is
being
considered
for
licensure
under
this
chapter
,
or
for
employment
involving
direct
responsibility
for
a
child
or
with
access
to
a
child
when
the
child
is
alone,
by
a
program
admitting
juveniles
subject
to
licensure
under
this
chapter
,
or
if
a
person
will
reside
in
a
facility
utilized
by
such
a
program,
and
if
the
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
abuse,
the
record
check
evaluation
system
of
the
department
of
human
services
and
the
program
,
for
an
employee
of
the
program
,
shall
perform
an
evaluation
to
determine
whether
the
crime
or
founded
child
abuse
warrants
prohibition
of
licensure,
employment,
or
residence
in
the
facility.
The
department
of
human
services
record
check
evaluation
system
shall
conduct
criminal
and
child
abuse
record
checks
in
this
state
and
may
conduct
these
checks
in
other
Senate
File
514,
p.
46
states.
The
evaluation
shall
be
performed
in
accordance
with
procedures
adopted
for
this
purpose
by
the
department
of
human
services
.
2.
If
the
department
of
human
services
record
check
evaluation
system
determines
that
a
person
has
committed
a
crime
or
has
a
record
of
founded
child
abuse
and
is
licensed,
employed
by
a
program
licensed
under
this
chapter
,
or
resides
in
a
licensed
facility
the
department
record
check
evaluation
system
shall
notify
the
program
that
an
evaluation
will
be
conducted
to
determine
whether
prohibition
of
the
person’s
licensure,
employment,
or
residence
is
warranted.
3.
In
an
evaluation,
the
department
of
human
services
record
check
evaluation
system
and
the
program
for
an
employee
of
the
program
shall
consider
the
nature
and
seriousness
of
the
crime
or
founded
child
abuse
in
relation
to
the
position
sought
or
held,
the
time
elapsed
since
the
commission
of
the
crime
or
founded
child
abuse,
the
circumstances
under
which
the
crime
or
founded
child
abuse
was
committed,
the
degree
of
rehabilitation,
the
likelihood
that
the
person
will
commit
the
crime
or
founded
child
abuse
again,
and
the
number
of
crimes
or
founded
child
abuses
committed
by
the
person
involved.
The
department
of
human
services
record
check
evaluation
system
may
permit
a
person
who
is
evaluated
to
be
licensed,
employed,
or
to
reside,
or
to
continue
to
be
licensed,
employed,
or
to
reside
in
a
program,
if
the
person
complies
with
the
department’s
record
check
evaluation
system’s
conditions
relating
to
the
person’s
licensure,
employment,
or
residence,
which
may
include
completion
of
additional
training.
For
an
employee
of
a
licensee,
these
conditional
requirements
shall
be
developed
with
the
licensee.
The
department
of
human
services
record
check
evaluation
system
has
final
authority
in
determining
whether
prohibition
of
the
person’s
licensure,
employment,
or
residence
is
warranted
and
in
developing
any
conditional
requirements
under
this
subsection
.
4.
If
the
department
of
human
services
record
check
evaluation
system
determines
that
the
person
has
committed
a
crime
or
has
a
record
of
founded
child
abuse
which
warrants
prohibition
of
licensure,
employment,
or
residence,
the
person
shall
not
be
licensed
under
this
chapter
to
operate
a
program
Senate
File
514,
p.
47
admitting
juveniles
and
shall
not
be
employed
by
a
program
or
reside
in
a
facility
admitting
juveniles
licensed
under
this
chapter
.
5.
In
addition
to
the
record
checks
required
under
this
section
,
the
department
of
human
services
record
check
evaluation
system
may
conduct
dependent
adult
abuse
record
checks
in
this
state
and
may
conduct
these
checks
in
other
states,
on
a
random
basis.
The
provisions
of
this
section
,
relative
to
an
evaluation
following
a
determination
that
a
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
abuse,
shall
also
apply
to
a
random
check
conducted
under
this
subsection
.
6.
Beginning
July
1,
1994,
a
A
program
or
facility
shall
inform
all
new
applicants
for
employment
of
the
possibility
of
the
performance
of
a
record
check
and
shall
obtain,
from
the
applicant,
a
signed
acknowledgment
of
the
receipt
of
the
information.
7.
On
or
after
July
1,
1994,
a
A
program
or
facility
shall
include
the
following
inquiry
in
an
application
for
employment:
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
or
have
you
ever
been
convicted
of
a
crime,
in
this
state
or
any
other
state?
Sec.
89.
Section
125.15,
Code
2023,
is
amended
to
read
as
follows:
125.15
Inspections.
The
department
may
inspect
the
facilities
and
review
the
procedures
utilized
by
any
chemical
substitutes
or
antagonists
program,
residential
program,
or
nonresidential
outpatient
program
that
has
as
a
primary
purpose
the
treatment
and
rehabilitation
of
persons
with
substance-related
disorders
a
substance
use
disorder
,
for
the
purpose
of
ensuring
compliance
with
this
chapter
and
the
rules
adopted
pursuant
to
this
chapter
.
The
examination
and
review
may
include
case
record
audits
and
interviews
with
staff
and
patients,
consistent
with
the
confidentiality
safeguards
of
state
and
federal
law.
Sec.
90.
Section
125.15A,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
may
place
an
employee
or
agent
to
serve
as
a
monitor
in
a
licensed
substance
abuse
use
disorder
treatment
Senate
File
514,
p.
48
program
or
may
petition
the
court
for
appointment
of
a
receiver
for
a
program
when
any
of
the
following
conditions
exist:
Sec.
91.
Section
125.15A,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
board
council
has
suspended,
revoked,
or
refused
to
renew
the
existing
license
of
the
program.
Sec.
92.
Section
125.16,
Code
2023,
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
board
council
.
Sec.
93.
Section
125.17,
Code
2023,
is
amended
to
read
as
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
board
council
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
board
council
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
board
council
and
the
board
council
shall
expeditiously
make
a
decision
in
the
matter
and
notify
the
licensee
of
the
decision.
Sec.
94.
Section
125.18,
Code
2023,
is
amended
to
read
as
follows:
125.18
Hearing
before
board
council
.
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
board
council
shall
be
expeditiously
arranged
by
the
department
of
Senate
File
514,
p.
49
inspections
and
appeals
whose
decision
is
subject
to
review
by
the
board
council
.
The
board
council
shall
issue
a
written
statement
of
the
board’s
council’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
board
council
unless
a
quorum
is
present
at
the
meeting.
A
copy
of
the
board’s
council’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
board
council
in
accordance
with
the
terms
of
chapter
17A
.
Sec.
95.
Section
125.19,
Code
2023,
is
amended
to
read
as
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
board
council
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
board
council
prior
to
reinstatement
or
reissuance
of
a
license.
Sec.
96.
Section
125.20,
Code
2023,
is
amended
to
read
as
follows:
125.20
Rules.
The
department
shall
establish
rules
pursuant
to
chapter
17A
requiring
facilities
to
use
reasonable
accounting
and
reimbursement
systems
which
recognize
relevant
cost-related
factors
for
patients
with
a
substance
abuse
patients
use
disorder
.
A
facility
shall
not
be
licensed
nor
shall
any
payment
be
made
under
this
chapter
to
a
facility
which
fails
to
comply
with
those
rules
or
which
does
not
permit
inspection
by
the
department
or
examination
of
all
records,
including
financial
records,
methods
of
administration,
general
and
special
dietary
programs,
the
disbursement
of
drugs
and
methods
of
supply,
and
any
other
records
the
department
deems
relevant
to
the
establishment
of
such
a
system.
However,
rules
issued
Senate
File
514,
p.
50
pursuant
to
this
paragraph
shall
not
apply
to
any
facility
referred
to
in
section
125.13,
subsection
2
or
section
125.43
.
Sec.
97.
Section
125.21,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
board
council
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
board
council
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.
98.
Section
125.25,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Before
making
any
allocation
of
funds
to
a
local
substance
abuse
use
disorder
program,
the
department
shall
require
a
detailed
line
item
budget
clearly
indicating
the
funds
received
from
each
revenue
source
for
the
fiscal
year
for
which
the
funds
are
requested
on
forms
provided
by
the
department
for
each
program.
Sec.
99.
Section
125.32,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
shall
adopt
and
may
amend
and
repeal
rules
for
acceptance
of
persons
into
the
treatment
program,
subject
to
chapter
17A
,
considering
available
treatment
resources
and
facilities,
for
the
purpose
of
early
and
effective
treatment
of
persons
with
substance-related
disorders
a
substance
use
disorder
and
concerned
family
members.
In
establishing
the
rules
the
department
shall
be
guided
by
the
following
standards:
Sec.
100.
Section
125.32A,
Code
2023,
is
amended
to
read
as
follows:
125.32A
Discrimination
prohibited.
Any
substance
abuse
use
disorder
treatment
program
receiving
state
funding
under
this
chapter
or
any
other
chapter
of
the
Code
shall
not
discriminate
against
a
person
seeking
treatment
solely
because
the
person
is
pregnant,
unless
the
program
in
Senate
File
514,
p.
51
each
instance
identifies
and
refers
the
person
to
an
alternative
and
acceptable
treatment
program
for
the
person.
Sec.
101.
Section
125.33,
Code
2023,
is
amended
to
read
as
follows:
125.33
Voluntary
treatment
of
persons
with
substance-related
disorders
a
substance
use
disorder
.
1.
A
person
with
a
substance-related
substance
use
disorder
may
apply
for
voluntary
treatment
or
rehabilitation
services
directly
to
a
facility
or
to
a
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
to
a
mental
health
professional.
If
the
proposed
patient
is
a
minor
or
an
incompetent
person,
a
parent,
a
legal
guardian
or
other
legal
representative
may
make
the
application.
The
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
any
employee
or
person
acting
under
the
direction
or
supervision
of
the
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
facility
shall
not
report
or
disclose
the
name
of
the
person
or
the
fact
that
treatment
was
requested
or
has
been
undertaken
to
any
law
enforcement
officer
or
law
enforcement
agency;
nor
shall
such
information
be
admissible
as
evidence
in
any
court,
grand
jury,
or
administrative
proceeding
unless
authorized
by
the
person
seeking
treatment.
If
the
person
seeking
such
treatment
or
rehabilitation
is
a
minor
who
has
personally
made
application
for
treatment,
the
fact
that
the
minor
sought
treatment
or
rehabilitation
or
is
receiving
treatment
or
rehabilitation
services
shall
not
be
reported
or
disclosed
to
the
parents
or
legal
guardian
of
such
minor
without
the
minor’s
consent,
and
the
minor
may
give
legal
consent
to
receive
such
treatment
and
rehabilitation.
2.
Subject
to
rules
adopted
by
the
department,
the
administrator
or
the
administrator’s
designee
in
charge
of
a
facility
may
determine
who
shall
be
admitted
for
treatment
or
rehabilitation.
If
a
person
is
refused
admission,
the
administrator
or
the
administrator’s
designee,
subject
to
rules
adopted
by
the
department,
shall
refer
the
person
to
another
facility
for
treatment
if
possible
and
appropriate.
3.
A
person
with
a
substance-related
substance
use
disorder
seeking
treatment
or
rehabilitation
and
who
is
either
addicted
Senate
File
514,
p.
52
to
or
dependent
on
a
chemical
substance
may
first
be
examined
and
evaluated
by
a
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
a
mental
health
professional
who
may
prescribe,
if
authorized
or
licensed
to
do
so,
a
proper
course
of
treatment
and
medication,
if
needed.
The
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional
may
further
prescribe
a
course
of
treatment
or
rehabilitation
and
authorize
another
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
facility
to
provide
the
prescribed
treatment
or
rehabilitation
services.
Treatment
or
rehabilitation
services
may
be
provided
to
a
person
individually
or
in
a
group.
A
facility
providing
or
engaging
in
treatment
or
rehabilitation
shall
not
report
or
disclose
to
a
law
enforcement
officer
or
law
enforcement
agency
the
name
of
any
person
receiving
or
engaged
in
the
treatment
or
rehabilitation;
nor
shall
a
person
receiving
or
participating
in
treatment
or
rehabilitation
report
or
disclose
the
name
of
any
other
person
engaged
in
or
receiving
treatment
or
rehabilitation
or
that
the
program
is
in
existence,
to
a
law
enforcement
officer
or
law
enforcement
agency.
Such
information
shall
not
be
admitted
in
evidence
in
any
court,
grand
jury,
or
administrative
proceeding.
However,
a
person
engaged
in
or
receiving
treatment
or
rehabilitation
may
authorize
the
disclosure
of
the
person’s
name
and
individual
participation.
4.
If
a
patient
receiving
inpatient
or
residential
care
leaves
a
facility,
the
patient
shall
be
encouraged
to
consent
to
appropriate
outpatient
or
halfway
house
treatment.
If
it
appears
to
the
administrator
in
charge
of
the
facility
that
the
patient
is
a
person
with
a
substance-related
substance
use
disorder
who
requires
help,
the
director
may
arrange
for
assistance
in
obtaining
supportive
services.
5.
If
a
patient
leaves
a
facility,
with
or
against
the
advice
of
the
administrator
in
charge
of
the
facility,
the
director
may
make
reasonable
provisions
for
the
patient’s
transportation
to
another
facility
or
to
the
patient’s
home.
If
the
patient
has
no
home
the
patient
shall
be
assisted
in
obtaining
shelter.
If
the
patient
is
a
minor
or
an
incompetent
person,
the
request
for
discharge
from
an
inpatient
facility
Senate
File
514,
p.
53
shall
be
made
by
a
parent,
legal
guardian,
or
other
legal
representative,
or
by
the
minor
or
incompetent
person
if
the
patient
was
the
original
applicant.
6.
Any
person
who
reports
or
discloses
the
name
of
a
person
receiving
treatment
or
rehabilitation
services
to
a
law
enforcement
officer
or
law
enforcement
agency
or
any
person
receiving
treatment
or
rehabilitation
services
who
discloses
the
name
of
any
other
person
receiving
treatment
or
rehabilitation
services
without
the
written
consent
of
the
person
in
violation
of
the
provisions
of
this
section
shall
upon
conviction
be
guilty
of
a
simple
misdemeanor.
Sec.
102.
Section
125.34,
Code
2023,
is
amended
to
read
as
follows:
125.34
Treatment
and
services
for
persons
with
substance-related
disorders
a
substance
use
disorder
due
to
intoxication
and
substance-induced
incapacitation.
1.
A
person
with
a
substance-related
substance
use
disorder
due
to
intoxication
or
substance-induced
incapacitation
may
come
voluntarily
to
a
facility
for
emergency
treatment.
A
person
who
appears
to
be
intoxicated
or
incapacitated
by
a
substance
in
a
public
place
and
in
need
of
help
may
be
taken
to
a
facility
by
a
peace
officer
under
section
125.91
.
If
the
person
refuses
the
proffered
help,
the
person
may
be
arrested
and
charged
with
intoxication
under
section
123.46
,
if
applicable.
2.
If
no
facility
is
readily
available
the
person
may
be
taken
to
an
emergency
medical
service
customarily
used
for
incapacitated
persons.
The
peace
officer
in
detaining
the
person
and
in
taking
the
person
to
a
facility
shall
make
every
reasonable
effort
to
protect
the
person’s
health
and
safety.
In
detaining
the
person
the
detaining
officer
may
take
reasonable
steps
for
self-protection.
Detaining
a
person
under
section
125.91
is
not
an
arrest
and
no
entry
or
other
record
shall
be
made
to
indicate
that
the
person
who
is
detained
has
been
arrested
or
charged
with
a
crime.
3.
A
person
who
arrives
at
a
facility
and
voluntarily
submits
to
examination
shall
be
examined
by
a
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional
as
soon
as
possible
after
the
person
arrives
Senate
File
514,
p.
54
at
the
facility.
The
person
may
then
be
admitted
as
a
patient
or
referred
to
another
health
facility.
The
referring
facility
shall
arrange
for
transportation.
4.
If
a
person
is
voluntarily
admitted
to
a
facility,
the
person’s
family
or
next
of
kin
shall
be
notified
as
promptly
as
possible.
If
an
adult
patient
who
is
not
incapacitated
requests
that
there
be
no
notification,
the
request
shall
be
respected.
5.
A
peace
officer
who
acts
in
compliance
with
this
section
is
acting
in
the
course
of
the
officer’s
official
duty
and
is
not
criminally
or
civilly
liable
therefor
for
such
acts
,
unless
such
acts
constitute
willful
malice
or
abuse.
6.
If
the
physician
and
surgeon
or
osteopathic
physician
and
surgeon
in
charge
of
the
facility
determines
it
is
for
the
patient’s
benefit,
the
patient
shall
be
encouraged
to
agree
to
further
diagnosis
and
appropriate
voluntary
treatment.
7.
A
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
facility
administrator,
or
an
employee
or
a
person
acting
as
or
on
behalf
of
the
facility
administrator,
is
not
criminally
or
civilly
liable
for
acts
in
conformity
with
this
chapter
,
unless
the
acts
constitute
willful
malice
or
abuse.
Sec.
103.
Section
125.37,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Notwithstanding
subsection
1
,
the
director
may
make
available
information
from
patients’
records
for
purposes
of
research
into
the
causes
and
treatment
of
substance
abuse
use
disorder
.
Information
under
this
subsection
shall
not
be
published
in
a
way
that
discloses
patients’
names
or
other
identifying
information.
Sec.
104.
Section
125.39,
Code
2023,
is
amended
to
read
as
follows:
125.39
Eligible
entities.
A
local
governmental
unit
which
is
providing
funds
to
a
facility
for
treatment
of
substance
abuse
use
disorder
may
request
from
the
facility
a
treatment
program
plan
prior
to
authorizing
payment
of
any
claims
filed
by
the
facility.
The
governing
body
of
the
local
governmental
unit
may
review
the
plan,
but
shall
not
impose
on
the
facility
any
requirement
conflicting
with
the
comprehensive
treatment
program
of
the
Senate
File
514,
p.
55
facility.
Sec.
105.
Section
125.43,
Code
2023,
is
amended
to
read
as
follows:
125.43
Funding
at
mental
health
institutes.
Chapter
230
governs
the
determination
of
the
costs
and
payment
for
treatment
provided
to
persons
with
substance-related
disorders
a
substance
use
disorder
in
a
mental
health
institute
under
the
department
of
human
services
,
except
that
the
charges
are
not
a
lien
on
real
estate
owned
by
persons
legally
liable
for
support
of
the
person
with
a
substance-related
substance
use
disorder
and
the
daily
per
diem
shall
be
billed
at
twenty-five
percent.
The
superintendent
of
a
state
hospital
mental
health
institute
shall
total
only
those
expenditures
which
can
be
attributed
to
the
cost
of
providing
inpatient
treatment
to
persons
with
substance-related
disorders
a
substance
use
disorder
for
purposes
of
determining
the
daily
per
diem.
Section
125.44
governs
the
determination
of
who
is
legally
liable
for
the
cost
of
care,
maintenance,
and
treatment
of
a
person
with
a
substance-related
substance
use
disorder
and
of
the
amount
for
which
the
person
is
liable.
Sec.
106.
Section
125.43A,
Code
2023,
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-related
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
substance-related
disorders
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
board
council
,
or
by
a
designee
of
a
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-related
substance
use
disorder
service
needs.
A
county
board
of
supervisors
may
seek
Senate
File
514,
p.
56
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.
107.
Section
125.44,
Code
2023,
is
amended
to
read
as
follows:
125.44
Agreements
with
facilities
——
liability
for
costs.
1.
The
director
may,
consistent
with
the
comprehensive
substance
abuse
use
disorder
program,
enter
into
written
agreements
with
a
facility
as
defined
in
section
125.2
to
pay
for
one
hundred
percent
of
the
cost
of
the
care,
maintenance,
and
treatment
of
persons
with
substance-related
disorders
a
substance
use
disorder
,
except
when
section
125.43A
applies.
All
payments
for
state
patients
shall
be
made
in
accordance
with
the
limitations
of
this
section
.
Such
contracts
shall
be
for
a
period
of
no
more
than
one
year.
2.
The
contract
may
be
in
the
form
and
contain
provisions
as
agreed
upon
by
the
parties.
The
contract
shall
provide
that
the
facility
shall
admit
and
treat
persons
with
substance-related
disorders
a
substance
use
disorder
regardless
of
where
they
have
residence.
If
one
payment
for
care,
maintenance,
and
treatment
is
not
made
by
the
patient
or
those
legally
liable
for
the
patient,
the
payment
shall
be
made
by
the
department
directly
to
the
facility.
Payments
shall
be
made
each
month
and
shall
be
based
upon
the
rate
of
payment
for
services
negotiated
between
the
department
and
the
contracting
facility.
If
a
facility
projects
a
temporary
cash
flow
deficit,
the
department
may
make
cash
advances
at
the
beginning
of
each
fiscal
year
to
the
facility.
The
repayment
schedule
for
advances
shall
be
part
of
the
contract
between
the
department
and
the
facility.
This
section
does
not
pertain
to
patients
treated
at
the
mental
health
institutes.
3.
If
the
appropriation
to
the
department
is
insufficient
to
meet
the
requirements
of
this
section
,
the
department
shall
request
a
transfer
of
funds
and
section
8.39
shall
apply.
4.
The
person
with
a
substance-related
substance
use
disorder
is
legally
liable
to
the
facility
for
the
total
amount
of
the
cost
of
providing
care,
maintenance,
and
treatment
for
the
person
with
a
substance-related
substance
use
disorder
Senate
File
514,
p.
57
while
a
voluntary
or
committed
patient
in
a
facility.
This
section
does
not
prohibit
any
individual
from
paying
any
portion
of
the
cost
of
treatment.
5.
The
department
is
liable
for
the
cost
of
care,
treatment,
and
maintenance
of
persons
with
substance-related
disorders
a
substance
use
disorder
admitted
to
the
facility
voluntarily
or
pursuant
to
section
125.75
,
125.81
,
or
125.91
or
section
321J.3
or
124.409
only
to
those
facilities
that
have
a
contract
with
the
department
under
this
section
,
only
for
the
amount
computed
according
to
and
within
the
limits
of
liability
prescribed
by
this
section
,
and
only
when
the
person
with
a
substance-related
substance
use
disorder
is
unable
to
pay
the
costs
and
there
is
no
other
person,
firm,
corporation,
or
insurance
company
bound
to
pay
the
costs.
6.
The
department’s
maximum
liability
for
the
costs
of
care,
treatment,
and
maintenance
of
persons
with
substance-related
disorders
a
substance
use
disorder
in
a
contracting
facility
is
limited
to
the
total
amount
agreed
upon
by
the
parties
and
specified
in
the
contract
under
this
section
.
Sec.
108.
Section
125.46,
Code
2023,
is
amended
to
read
as
follows:
125.46
County
of
residence
determined.
The
facility
shall,
when
a
person
with
a
substance-related
substance
use
disorder
is
admitted,
or
as
soon
thereafter
as
it
receives
the
proper
information,
determine
and
enter
upon
its
records
the
Iowa
county
of
residence
of
the
person
with
a
substance-related
substance
use
disorder,
or
that
the
person
resides
in
some
other
state
or
country,
or
that
the
person
is
unclassified
with
respect
to
residence.
Sec.
109.
Section
125.55,
Code
2023,
is
amended
to
read
as
follows:
125.55
Audits.
All
licensed
substance
abuse
use
disorder
programs
are
subject
to
annual
audit
either
by
the
auditor
of
state
or
in
lieu
of
an
audit
by
the
auditor
of
state
the
substance
abuse
use
disorder
program
may
contract
with
or
employ
certified
public
accountants
to
conduct
the
audit,
in
accordance
with
sections
11.6
,
11.14
,
and
11.19
.
The
audit
format
shall
be
as
prescribed
by
the
auditor
of
state.
The
certified
public
accountant
Senate
File
514,
p.
58
shall
submit
a
copy
of
the
audit
to
the
director.
A
licensed
substance
abuse
use
disorder
program
is
also
subject
to
special
audits
as
the
director
requests.
The
licensed
substance
abuse
use
disorder
program
or
the
department
shall
pay
all
expenses
incurred
by
the
auditor
of
state
in
conducting
an
audit
under
this
section
.
Sec.
110.
Section
125.58,
Code
2023,
is
amended
to
read
as
follows:
125.58
Inspection
——
penalties.
1.
If
the
department
has
probable
cause
to
believe
that
an
institution,
place,
building,
or
agency
not
licensed
as
a
substance
abuse
use
disorder
treatment
and
rehabilitation
facility
is
in
fact
a
substance
abuse
use
disorder
treatment
and
rehabilitation
facility
as
defined
by
this
chapter
,
and
is
not
exempt
from
licensing
by
section
125.13,
subsection
2
,
the
board
council
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.
2.
A
person
establishing,
conducting,
managing,
or
operating
a
substance
abuse
use
disorder
treatment
and
rehabilitation
facility
without
a
license
is
guilty
of
a
serious
misdemeanor.
Each
day
of
continued
violation
after
conviction
or
notice
from
the
department
by
certified
mail
of
a
violation
shall
be
considered
a
separate
offense
or
chargeable
offense.
A
person
establishing,
conducting,
managing
or
operating
a
substance
abuse
use
disorder
treatment
and
rehabilitation
facility
without
a
license
may
be
temporarily
or
permanently
restrained
therefrom
by
a
court
of
competent
jurisdiction
in
an
action
brought
by
the
state.
3.
Notwithstanding
the
existence
or
pursuit
of
any
other
Senate
File
514,
p.
59
remedy,
the
department
may,
in
the
manner
provided
by
law,
maintain
an
action
in
the
name
of
the
state
for
injunction
or
other
process
against
a
person
or
governmental
unit
to
restrain
or
prevent
the
establishment,
conduct,
management
or
operation
of
a
substance
abuse
use
disorder
treatment
and
rehabilitation
facility
without
a
license.
Sec.
111.
Section
125.59,
subsection
1,
paragraph
a,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Of
these
funds,
notwithstanding
section
125.13,
subsection
1
,
one-half
of
the
transferred
amount
shall
be
used
for
grants
to
counties
operating
a
substance
abuse
use
disorder
program
involving
only
education,
prevention,
referral
or
posttreatment
services,
either
with
the
counties’
own
employees
or
by
contract
with
a
nonprofit
corporation.
The
grants
shall
not
annually
exceed
ten
thousand
dollars
to
any
one
county,
subject
to
the
following
conditions:
Sec.
112.
Section
125.59,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
If
the
transferred
amount
for
this
subsection
exceeds
grant
requests
funded
to
the
ten
thousand
dollar
maximum,
the
department
of
public
health
may
use
the
remainder
for
activities
and
public
information
resources
that
align
with
best
practices
for
substance-related
substance
use
disorder
prevention
or
to
increase
grants
pursuant
to
subsection
2
.
Sec.
113.
Section
125.75,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Proceedings
for
the
involuntary
commitment
or
treatment
of
a
person
with
a
substance-related
substance
use
disorder
to
a
facility
pursuant
to
this
chapter
or
for
the
involuntary
hospitalization
of
a
person
pursuant
to
chapter
229
may
be
commenced
by
any
interested
person
by
filing
a
verified
application
with
the
clerk
of
the
district
court
of
the
county
where
the
respondent
is
presently
located
or
which
is
the
respondent’s
place
of
residence.
The
clerk
or
the
clerk’s
designee
shall
assist
the
applicant
in
completing
the
application.
Sec.
114.
Section
125.75,
subsection
2,
paragraph
a,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
60
(1)
A
substance-related
substance
use
disorder
as
defined
in
section
125.2
.
Sec.
115.
Section
125.80,
subsections
3
and
4,
Code
2023,
are
amended
to
read
as
follows:
3.
If
the
report
of
a
court-designated
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional
is
to
the
effect
that
the
respondent
is
not
a
person
with
a
substance-related
substance
use
disorder,
the
court,
without
taking
further
action,
shall
terminate
the
proceeding
and
dismiss
the
application
on
its
own
motion
and
without
notice.
4.
If
the
report
of
a
court-designated
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional
is
to
the
effect
that
the
respondent
is
a
person
with
a
substance-related
substance
use
disorder,
the
court
shall
schedule
a
commitment
hearing
as
soon
as
possible.
The
hearing
shall
be
held
not
more
than
forty-eight
hours
after
the
report
is
filed,
excluding
Saturdays,
Sundays,
and
holidays,
unless
an
extension
for
good
cause
is
requested
by
the
respondent,
or
as
soon
thereafter
as
possible
if
the
court
considers
that
sufficient
grounds
exist
for
delaying
the
hearing.
Sec.
116.
Section
125.81,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
If
a
person
filing
an
application
requests
that
a
respondent
be
taken
into
immediate
custody,
and
the
court
upon
reviewing
the
application
and
accompanying
documentation,
finds
probable
cause
to
believe
that
the
respondent
is
a
person
with
a
substance-related
substance
use
disorder
who
is
likely
to
injure
the
person
or
other
persons
if
allowed
to
remain
at
liberty,
the
court
may
enter
a
written
order
directing
that
the
respondent
be
taken
into
immediate
custody
by
the
sheriff,
and
be
detained
until
the
commitment
hearing,
which
shall
be
held
no
more
than
five
days
after
the
date
of
the
order,
except
that
if
the
fifth
day
after
the
date
of
the
order
is
a
Saturday,
Sunday,
or
a
holiday,
the
hearing
may
be
held
on
the
next
business
day.
The
court
may
order
the
respondent
detained
for
the
period
of
time
until
the
hearing
is
held,
and
no
longer
except
as
provided
in
section
125.88
,
in
accordance
with
subsection
2
,
paragraph
Senate
File
514,
p.
61
“a”
,
if
possible,
and
if
not,
then
in
accordance
with
subsection
2
,
paragraph
“b”
,
or,
only
if
neither
of
these
alternatives
is
available
in
accordance
with
subsection
2
,
paragraph
“c”
.
Sec.
117.
Section
125.81,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
In
the
nearest
facility
which
is
licensed
to
care
for
persons
with
mental
illness
or
substance
abuse
use
disorder
,
provided
that
detention
in
a
jail
or
other
facility
intended
for
confinement
of
those
accused
or
convicted
of
a
crime
shall
not
be
ordered.
Sec.
118.
Section
125.82,
subsections
3
and
4,
Code
2023,
are
amended
to
read
as
follows:
3.
The
person
who
filed
the
application
and
a
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
certified
alcohol
and
drug
counselor
certified
by
the
nongovernmental
Iowa
board
of
substance
abuse
certification
who
has
examined
the
respondent
in
connection
with
the
commitment
hearing
shall
be
present
at
the
hearing,
unless
the
court
for
good
cause
finds
that
their
presence
or
testimony
is
not
necessary.
The
applicant,
respondent,
and
the
respondent’s
attorney
may
waive
the
presence
or
telephonic
appearance
of
the
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
certified
alcohol
and
drug
counselor
who
examined
the
respondent
and
agree
to
submit
as
evidence
the
written
report
of
the
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
certified
alcohol
and
drug
counselor.
The
respondent’s
attorney
shall
inform
the
court
if
the
respondent’s
attorney
reasonably
believes
that
the
respondent,
due
to
diminished
capacity,
cannot
make
an
adequately
considered
waiver
decision.
“Good
cause”
for
finding
that
the
testimony
of
the
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
certified
alcohol
and
drug
counselor
who
examined
the
respondent
is
not
necessary
may
include,
but
is
not
limited
to,
such
a
waiver.
If
the
court
determines
that
the
testimony
of
the
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
certified
alcohol
and
drug
counselor
is
Senate
File
514,
p.
62
necessary,
the
court
may
allow
the
licensed
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
certified
alcohol
and
drug
counselor
to
testify
by
telephone.
The
respondent
shall
be
present
at
the
hearing
unless
prior
to
the
hearing
the
respondent’s
attorney
stipulates
in
writing
that
the
attorney
has
conversed
with
the
respondent,
and
that
in
the
attorney’s
judgment
the
respondent
cannot
make
a
meaningful
contribution
to
the
hearing,
or
that
the
respondent
has
waived
the
right
to
be
present,
and
the
basis
for
the
attorney’s
conclusions.
A
stipulation
to
the
respondent’s
absence
shall
be
reviewed
by
the
court
before
the
hearing,
and
may
be
rejected
if
it
appears
that
insufficient
grounds
are
stated
or
that
the
respondent’s
interests
would
not
be
served
by
the
respondent’s
absence.
4.
The
respondent’s
welfare
is
paramount,
and
the
hearing
shall
be
tried
as
a
civil
matter
and
conducted
in
as
informal
a
manner
as
is
consistent
with
orderly
procedure.
The
hearing
may
be
held
by
video
conference
at
the
discretion
of
the
court.
Discovery
as
permitted
under
the
Iowa
rules
of
civil
procedure
is
available
to
the
respondent.
The
court
shall
receive
all
relevant
and
material
evidence,
but
the
court
is
not
bound
by
the
rules
of
evidence.
A
presumption
in
favor
of
the
respondent
exists,
and
the
burden
of
evidence
and
support
of
the
contentions
made
in
the
application
shall
be
upon
the
person
who
filed
the
application.
If
upon
completion
of
the
hearing
the
court
finds
that
the
contention
that
the
respondent
is
a
person
with
a
substance-related
substance
use
disorder
has
not
been
sustained
by
clear
and
convincing
evidence,
the
court
shall
deny
the
application
and
terminate
the
proceeding.
Sec.
119.
Section
125.83,
Code
2023,
is
amended
to
read
as
follows:
125.83
Placement
for
evaluation.
If
upon
completion
of
the
commitment
hearing,
the
court
finds
that
the
contention
that
the
respondent
is
a
person
with
a
substance-related
substance
use
disorder
has
been
sustained
by
clear
and
convincing
evidence,
the
court
shall
order
the
respondent
placed
at
a
facility
or
under
the
care
of
a
suitable
facility
on
an
outpatient
basis
as
expeditiously
as
possible
for
a
complete
evaluation
and
appropriate
treatment.
The
Senate
File
514,
p.
63
court
shall
furnish
to
the
facility
at
the
time
of
admission
or
outpatient
placement,
a
written
statement
of
facts
setting
forth
the
evidence
on
which
the
finding
is
based.
The
administrator
of
the
facility
shall
report
to
the
court
no
more
than
fifteen
days
after
the
individual
is
admitted
to
or
placed
under
the
care
of
the
facility,
which
shall
include
the
chief
medical
officer’s
recommendation
concerning
treatment
of
a
substance-related
substance
use
disorder.
An
extension
of
time
may
be
granted
for
a
period
not
to
exceed
seven
days
upon
a
showing
of
good
cause.
A
copy
of
the
report
shall
be
sent
to
the
respondent’s
attorney
who
may
contest
the
need
for
an
extension
of
time
if
one
is
requested.
If
the
request
is
contested,
the
court
shall
make
an
inquiry
as
it
deems
appropriate
and
may
either
order
the
respondent
released
from
the
facility
or
grant
an
extension
of
time
for
further
evaluation.
If
the
administrator
fails
to
report
to
the
court
within
fifteen
days
after
the
individual
is
admitted
to
the
facility,
and
no
extension
of
time
has
been
requested,
the
administrator
is
guilty
of
contempt
and
shall
be
punished
under
chapter
665
.
The
court
shall
order
a
rehearing
on
the
application
to
determine
whether
the
respondent
should
continue
to
be
held
at
the
facility.
Sec.
120.
Section
125.83A,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
If
upon
completion
of
the
commitment
hearing,
the
court
finds
that
the
contention
that
the
respondent
is
a
person
with
a
substance-related
substance
use
disorder
has
been
sustained
by
clear
and
convincing
evidence,
and
the
court
is
furnished
evidence
that
the
respondent
is
eligible
for
care
and
treatment
in
a
facility
operated
by
the
United
States
department
of
veterans
affairs
or
another
agency
of
the
United
States
government
and
that
the
facility
is
willing
to
receive
the
respondent,
the
court
may
so
order.
The
respondent,
when
so
placed
in
a
facility
operated
by
the
United
States
department
of
veterans
affairs
or
another
agency
of
the
United
States
government
within
or
outside
of
this
state,
shall
be
subject
to
the
rules
of
the
United
States
department
of
veterans
affairs
or
other
agency,
but
shall
not
lose
any
procedural
rights
afforded
the
respondent
by
this
chapter
.
The
chief
officer
Senate
File
514,
p.
64
of
the
facility
shall
have,
with
respect
to
the
respondent
so
placed,
the
same
powers
and
duties
as
the
chief
medical
officer
of
a
hospital
in
this
state
would
have
in
regard
to
submission
of
reports
to
the
court,
retention
of
custody,
transfer,
convalescent
leave,
or
discharge.
Jurisdiction
is
retained
in
the
court
to
maintain
surveillance
of
the
respondent’s
treatment
and
care,
and
at
any
time
to
inquire
into
the
respondent’s
condition
and
the
need
for
continued
care
and
custody.
Sec.
121.
Section
125.84,
Code
2023,
is
amended
to
read
as
follows:
125.84
Evaluation
report.
The
facility
administrator’s
report
to
the
court
of
the
chief
medical
officer’s
substance
abuse
use
disorder
evaluation
of
the
respondent
shall
be
made
no
later
than
the
expiration
of
the
time
specified
in
section
125.83
.
At
least
two
copies
of
the
report
shall
be
filed
with
the
clerk,
who
shall
distribute
the
copies
in
the
manner
described
by
section
125.80,
subsection
2
.
The
report
shall
state
one
of
the
four
following
alternative
findings:
1.
That
the
respondent
does
not,
as
of
the
date
of
the
report,
require
further
treatment
for
substance
abuse
use
disorder
.
If
the
report
so
states,
the
court
shall
order
the
respondent’s
immediate
release
from
involuntary
commitment
and
terminate
the
proceedings.
2.
That
the
respondent
is
a
person
with
a
substance-related
substance
use
disorder
who
is
in
need
of
full-time
custody,
care,
and
treatment
in
a
facility,
and
is
considered
likely
to
benefit
from
treatment.
If
the
report
so
states,
the
court
shall
enter
an
order
which
may
require
the
respondent’s
continued
placement
and
commitment
to
a
facility
for
appropriate
treatment.
3.
That
the
respondent
is
a
person
with
a
substance-related
substance
use
disorder
who
is
in
need
of
treatment,
but
does
not
require
full-time
placement
in
a
facility.
If
the
report
so
states,
the
report
shall
include
the
chief
medical
officer’s
recommendation
for
treatment
of
the
respondent
on
an
outpatient
or
other
appropriate
basis,
and
the
court
shall
enter
an
order
which
may
direct
the
respondent
to
submit
to
the
recommended
Senate
File
514,
p.
65
treatment.
The
order
shall
provide
that
if
the
respondent
fails
or
refuses
to
submit
to
treatment,
as
directed
by
the
court’s
order,
the
court
may
order
that
the
respondent
be
taken
into
immediate
custody
as
provided
by
section
125.81
and,
following
notice
and
hearing
held
in
accordance
with
the
procedures
of
sections
125.77
and
125.82
,
may
order
the
respondent
treated
as
a
patient
requiring
full-time
custody,
care,
and
treatment
as
provided
in
subsection
2
,
and
may
order
the
respondent
involuntarily
committed
to
a
facility.
4.
That
the
respondent
is
a
person
with
a
substance-related
substance
use
disorder
who
is
in
need
of
treatment,
but
in
the
opinion
of
the
chief
medical
officer
is
not
responding
to
the
treatment
provided.
If
the
report
so
states,
the
report
shall
include
the
facility
administrator’s
recommendation
for
alternative
placement,
and
the
court
shall
enter
an
order
which
may
direct
the
respondent’s
transfer
to
the
recommended
placement
or
to
another
placement
after
consultation
with
the
respondent’s
attorney
and
the
facility
administrator
who
made
the
report
under
this
subsection
.
Sec.
122.
Section
125.85,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
respondent
committed
under
section
125.84,
subsection
2
,
shall
remain
in
the
custody
of
a
facility
for
treatment
for
a
period
of
thirty
days,
unless
sooner
discharged.
The
department
is
not
required
to
pay
the
cost
of
any
medication
or
procedure
provided
to
the
respondent
during
that
period
which
is
not
necessary
or
appropriate
to
the
specific
objectives
of
detoxification
and
treatment
of
substance
abuse
use
disorder
.
At
the
end
of
the
thirty-day
period,
the
respondent
shall
be
discharged
automatically
unless
the
administrator
of
the
facility,
before
expiration
of
the
period,
obtains
a
court
order
for
the
respondent’s
recommitment
pursuant
to
an
application
under
section
125.75
,
for
a
further
period
not
to
exceed
ninety
days.
Sec.
123.
Section
125.91,
Code
2023,
is
amended
to
read
as
follows:
125.91
Emergency
detention.
1.
The
procedure
prescribed
by
this
section
shall
only
be
used
for
a
person
with
a
substance-related
substance
Senate
File
514,
p.
66
use
disorder
due
to
intoxication
or
substance-induced
incapacitation
who
has
threatened,
attempted,
or
inflicted
physical
self-harm
or
harm
on
another,
and
is
likely
to
inflict
physical
self-harm
or
harm
on
another
unless
immediately
detained,
or
who
is
incapacitated
by
a
substance,
if
an
application
has
not
been
filed
naming
the
person
as
the
respondent
pursuant
to
section
125.75
and
the
person
cannot
be
ordered
into
immediate
custody
and
detained
pursuant
to
section
125.81
.
2.
a.
A
peace
officer
who
has
reasonable
grounds
to
believe
that
the
circumstances
described
in
subsection
1
are
applicable
may,
without
a
warrant,
take
or
cause
that
person
to
be
taken
to
the
nearest
available
facility
referred
to
in
section
125.81,
subsection
2
,
paragraph
“b”
or
“c”
.
Such
a
person
with
a
substance-related
substance
use
disorder
due
to
intoxication
or
substance-induced
incapacitation
who
also
demonstrates
a
significant
degree
of
distress
or
dysfunction
may
also
be
delivered
to
a
facility
by
someone
other
than
a
peace
officer
upon
a
showing
of
reasonable
grounds.
Upon
delivery
of
the
person
to
a
facility
under
this
section
,
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
may
order
treatment
of
the
person,
but
only
to
the
extent
necessary
to
preserve
the
person’s
life
or
to
appropriately
control
the
person’s
behavior
if
the
behavior
is
likely
to
result
in
physical
injury
to
the
person
or
others
if
allowed
to
continue.
The
peace
officer
or
other
person
who
delivered
the
person
to
the
facility
shall
describe
the
circumstances
of
the
matter
to
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon.
If
the
person
is
a
peace
officer,
the
peace
officer
may
do
so
either
in
person
or
by
written
report.
b.
If
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
has
reasonable
grounds
to
believe
that
the
circumstances
in
subsection
1
are
applicable,
the
facility
shall
have
the
authority
to
detain
the
person
for
a
period
of
no
longer
than
twelve
hours.
Within
twelve
hours
of
detaining
a
person
pursuant
to
this
section
,
the
attending
physician
shall
communicate
with
the
nearest
available
magistrate.
c.
Once
contacted
pursuant
to
paragraph
“b”
,
the
magistrate
shall,
based
upon
the
circumstances
described
by
the
attending
Senate
File
514,
p.
67
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
give
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
oral
instructions
either
directing
that
the
person
be
released
forthwith,
or
authorizing
the
person’s
detention
in
an
appropriate
facility.
The
magistrate
may
also
give
oral
instructions
and
order
that
the
detained
person
be
transported
to
an
appropriate
facility.
d.
If
the
magistrate
orders
that
the
person
be
detained,
the
magistrate
shall,
by
the
close
of
business
on
the
next
working
day,
file
a
written
order
with
the
clerk
in
the
county
where
it
is
anticipated
that
an
application
may
be
filed
under
section
125.75
.
The
order
may
be
filed
by
facsimile
if
necessary.
The
order
shall
state
the
circumstances
under
which
the
person
was
taken
into
custody
or
otherwise
brought
to
a
facility
and
the
grounds
supporting
the
finding
of
probable
cause
to
believe
that
the
person
is
a
person
with
a
substance-related
substance
use
disorder
likely
to
result
in
physical
injury
to
the
person
or
others
if
not
detained.
The
order
shall
confirm
the
oral
order
authorizing
the
person’s
detention
including
any
order
given
to
transport
the
person
to
an
appropriate
facility.
The
clerk
shall
provide
a
copy
of
that
order
to
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
at
the
facility
to
which
the
person
was
originally
taken,
any
subsequent
facility
to
which
the
person
was
transported,
and
to
any
law
enforcement
department
or
ambulance
service
that
transported
the
person
pursuant
to
the
magistrate’s
order.
3.
The
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
shall
examine
and
may
detain
the
person
pursuant
to
the
magistrate’s
order
for
a
period
not
to
exceed
forty-eight
hours
from
the
time
the
order
is
dated,
excluding
Saturdays,
Sundays,
and
holidays,
unless
the
order
is
dismissed
by
a
magistrate.
The
facility
may
provide
treatment
which
is
necessary
to
preserve
the
person’s
life
or
to
appropriately
control
the
person’s
behavior
if
the
behavior
is
likely
to
result
in
physical
injury
to
the
person
or
others
if
allowed
to
continue
or
is
otherwise
deemed
medically
necessary
by
the
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
health
professional,
but
shall
not
otherwise
provide
treatment
to
the
person
without
the
person’s
Senate
File
514,
p.
68
consent.
The
person
shall
be
discharged
from
the
facility
and
released
from
detention
no
later
than
the
expiration
of
the
forty-eight-hour
period,
unless
an
application
for
involuntary
commitment
is
filed
with
the
clerk
pursuant
to
section
125.75
.
The
detention
of
a
person
by
the
procedure
in
this
section
,
and
not
in
excess
of
the
period
of
time
prescribed
by
this
section
,
shall
not
render
the
peace
officer,
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
or
facility
detaining
the
person
liable
in
a
criminal
or
civil
action
for
false
arrest
or
false
imprisonment
if
the
peace
officer,
attending
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
professional,
or
facility
had
reasonable
grounds
to
believe
that
the
circumstances
described
in
subsection
1
were
applicable.
4.
The
cost
of
detention
in
a
facility
under
the
procedure
prescribed
in
this
section
shall
be
paid
in
the
same
way
as
if
the
person
had
been
committed
to
the
facility
pursuant
to
an
application
filed
under
section
125.75
.
Sec.
124.
Section
125.93,
Code
2023,
is
amended
to
read
as
follows:
125.93
Commitment
records
——
confidentiality.
Records
of
the
identity,
diagnosis,
prognosis,
or
treatment
of
a
person
which
are
maintained
in
connection
with
the
provision
of
substance
abuse
use
disorder
treatment
services
are
confidential,
consistent
with
the
requirements
of
section
125.37
,
and
with
the
federal
confidentiality
regulations
authorized
by
the
federal
Drug
Abuse
Office
and
Treatment
Act,
42
U.S.C.
§290ee
and
the
federal
Comprehensive
Alcohol
Abuse
and
Alcoholism
Prevention,
Treatment
and
Rehabilitation
Act,
42
U.S.C.
§290dd-2.
However,
such
records
may
be
disclosed
to
an
employee
of
the
department
of
corrections,
if
authorized
by
the
director
of
the
department
of
corrections,
or
to
an
employee
of
a
judicial
district
department
of
correctional
services,
if
authorized
by
the
director
of
the
judicial
district
department
of
correctional
services.
Sec.
125.
Section
135.1,
Code
2023,
is
amended
to
read
as
follows:
135.1
Definitions.
For
the
purposes
of
chapter
155
and
Title
IV,
subtitle
2
,
Senate
File
514,
p.
69
excluding
chapter
146
,
unless
otherwise
defined:
1.
“Director”
shall
mean
means
the
director
of
public
health
and
human
services
.
2.
“Health
officer”
means
the
physician,
physician
assistant,
advanced
registered
nurse
practitioner,
or
advanced
practice
registered
nurse
who
is
the
health
officer
of
the
local
board
of
health.
3.
“Local
board”
shall
mean
means
the
local
board
of
health.
4.
“Physician”
means
a
person
licensed
to
practice
medicine
and
surgery,
osteopathic
medicine
and
surgery,
chiropractic,
podiatry,
or
optometry
under
the
laws
of
this
state;
but
a
person
licensed
as
a
physician
and
surgeon
shall
be
designated
as
a
“physician”
or
“surgeon”,
a
person
licensed
as
an
osteopathic
physician
and
surgeon
shall
be
designated
as
an
“osteopathic
physician”
or
“osteopathic
surgeon”,
a
person
licensed
as
a
chiropractor
shall
be
designated
as
a
“chiropractor”,
a
person
licensed
as
a
podiatrist
shall
be
designated
as
a
“podiatric
physician”,
and
a
person
licensed
as
an
optometrist
shall
be
designated
as
an
“optometrist”.
A
definition
or
designation
contained
in
this
subsection
shall
not
be
interpreted
to
expand
the
scope
of
practice
of
such
licensees.
5.
“Rules”
shall
include
regulations
and
orders.
6.
“State
department”
or
“department”
shall
mean
means
the
Iowa
department
of
public
health
and
human
services
.
Sec.
126.
Section
135.11,
Code
2023,
is
amended
to
read
as
follows:
135.11
Duties
Public
health
duties
of
department.
The
director
of
public
health
shall
be
the
head
of
the
“Iowa
Department
of
Public
Health”,
which
department
shall:
1.
Exercise
general
supervision
over
the
public
health,
promote
public
hygiene
and
sanitation,
prevent
substance
abuse
use
disorder
and
unless
otherwise
provided,
enforce
the
laws
relating
to
the
same.
2.
Conduct
campaigns
for
the
education
of
the
people
in
hygiene
and
sanitation.
3.
Issue
monthly
health
bulletins
containing
fundamental
health
principles
and
other
health
data
deemed
of
public
interest.
Senate
File
514,
p.
70
4.
Make
investigations
and
surveys
in
respect
to
the
causes
of
disease
and
epidemics,
and
the
effect
of
locality,
employment,
and
living
conditions
upon
the
public
health.
For
this
purpose
the
department
may
use
the
services
of
the
experts
connected
with
the
state
hygienic
laboratory
at
the
state
university
of
Iowa
.
5.
Establish
stations
throughout
the
state
for
the
distribution
of
antitoxins
and
vaccines
to
physicians,
druggists
pharmacists
,
and
other
persons,
at
cost.
All
antitoxin
and
vaccine
thus
distributed
shall
be
labeled
“Iowa
Department
of
Public
Health
and
Human
Services
”.
6.
Exercise
general
supervision
over
the
administration
and
enforcement
of
the
sexually
transmitted
diseases
and
infections
law,
chapter
139A,
subchapter
II
.
7.
Exercise
sole
jurisdiction
over
the
disposal
and
transportation
of
the
dead
bodies
of
human
beings
and
prescribe
the
methods
to
be
used
in
preparing
such
bodies
for
disposal
and
transportation.
However,
the
department
may
approve
a
request
for
an
exception
to
the
application
of
specific
embalming
and
disposition
rules
adopted
pursuant
to
this
subsection
if
such
rules
would
otherwise
conflict
with
tenets
and
practices
of
a
recognized
religious
denomination
to
which
the
deceased
individual
adhered
or
of
which
denomination
the
deceased
individual
was
a
member.
The
department
shall
inform
the
board
of
mortuary
science
of
any
such
approved
exception
which
may
affect
services
provided
by
a
funeral
director
licensed
pursuant
to
chapter
156
.
8.
Establish,
publish,
and
enforce
rules
which
require
companies,
corporations,
and
other
entities
to
obtain
a
permit
from
the
department
prior
to
scattering
cremated
human
remains.
9.
Exercise
general
supervision
over
the
administration
and
enforcement
of
the
vital
statistics
law,
chapter
144
.
10.
Enforce
the
law
relative
to
chapter
146
and
“Health-related
Professions”,
Title
IV,
subtitle
3,
excluding
chapter
155.
11.
Establish
and
maintain
divisions
as
are
necessary
for
the
proper
enforcement
of
the
laws
administered
by
the
department.
12.
Establish,
publish,
and
enforce
rules
not
inconsistent
Senate
File
514,
p.
71
with
law
for
the
enforcement
of
the
provisions
of
chapter
125
and
155,
and
Title
IV,
subtitle
2,
excluding
chapter
146
and
for
the
enforcement
of
the
various
laws,
the
administration
and
supervision
of
which
are
imposed
upon
the
department.
13.
10.
Administer
healthy
aging
and
essential
public
health
services
by
approving
grants
of
state
funds
to
the
local
boards
of
health
for
the
purposes
of
promoting
healthy
aging
throughout
the
lifespan
and
enhancing
health
promotion
and
disease
prevention
services,
and
by
providing
guidelines
for
the
approval
of
the
grants
and
allocation
of
the
state
funds.
Guidelines,
evaluation
requirements
and
formula
allocation
procedures
for
the
services
shall
be
established
by
the
department
by
rule.
14.
11.
Administer
chapters
125
,
136A
,
136C
,
139A
,
142
,
142A
,
144
,
and
147A
.
15.
Issue
an
annual
report
to
the
governor
as
provided
in
section
7E.3,
subsection
4
.
16.
12.
Consult
with
the
office
of
statewide
clinical
education
programs
at
the
university
of
Iowa
college
of
medicine
and
annually
submit
a
report
to
the
general
assembly
by
January
15
verifying
the
number
of
physicians
in
active
practice
in
Iowa
by
county
who
are
engaged
in
providing
obstetrical
care.
To
the
extent
data
are
readily
available,
the
report
shall
include
information
concerning
the
number
of
deliveries
per
year
by
specialty
and
county,
the
age
of
physicians
performing
deliveries,
and
the
number
of
current
year
graduates
of
the
university
of
Iowa
college
of
medicine
and
the
Des
Moines
university
——
osteopathic
medical
center
entering
into
residency
programs
in
obstetrics,
gynecology,
and
family
practice.
The
report
may
include
additional
data
relating
to
access
to
obstetrical
services
that
may
be
available.
17.
13.
Administer
the
statewide
maternal
and
child
health
program
and
the
program
for
children
with
disabilities
by
conducting
mobile
and
regional
child
health
specialty
clinics
and
conducting
other
activities
to
improve
the
health
of
low-income
women
and
children
and
to
promote
the
welfare
of
children
with
actual
or
potential
conditions
which
may
cause
disabilities
and
children
with
chronic
illnesses
in
accordance
with
the
requirements
of
Tit.
V
of
the
federal
Social
Security
Senate
File
514,
p.
72
Act.
The
department
shall
provide
technical
assistance
to
encourage
the
coordination
and
collaboration
of
state
agencies
in
developing
outreach
centers
which
provide
publicly
supported
services
for
pregnant
women,
infants,
and
children.
The
department
shall
also,
through
cooperation
and
collaborative
agreements
with
the
department
of
human
services
and
the
mobile
and
regional
child
health
specialty
clinics,
establish
common
intake
proceedings
for
maternal
and
child
health
services.
The
department
shall
work
in
cooperation
with
the
legislative
services
agency
in
monitoring
the
effectiveness
of
the
maternal
and
child
health
centers,
including
the
provision
of
transportation
for
patient
appointments
and
the
keeping
of
scheduled
appointments.
18.
14.
Establish,
publish,
and
enforce
rules
requiring
prompt
reporting
of
methemoglobinemia,
pesticide
poisoning,
and
the
reportable
poisonings
and
illnesses
established
pursuant
to
section
139A.21
.
19.
15.
Collect
and
maintain
reports
of
pesticide
poisonings
and
other
poisonings,
illnesses,
or
injuries
caused
by
selected
chemical
or
physical
agents,
including
methemoglobinemia
and
pesticide
and
fertilizer
hypersensitivity;
and
compile
and
publish,
annually,
a
statewide
and
county-by-county
profile
based
on
the
reports.
20.
16.
Adopt
rules
which
require
personnel
of
a
licensed
hospice,
of
a
homemaker-home
health
aide
provider
agency
which
receives
state
homemaker-home
health
aide
funds,
or
of
an
agency
which
provides
respite
care
services
and
receives
funds
to
complete
training
concerning
blood-borne
pathogens,
including
human
immunodeficiency
virus
and
viral
hepatitis,
consistent
with
standards
from
the
federal
occupational
safety
and
health
administration.
21.
17.
Adopt
rules
which
require
all
emergency
medical
services
personnel,
fire
fighters,
and
law
enforcement
personnel
to
complete
training
concerning
blood-borne
pathogens,
including
human
immunodeficiency
virus
and
viral
hepatitis,
consistent
with
standards
from
the
federal
occupational
safety
and
health
administration.
22.
18.
Adopt
rules
which
provide
for
the
testing
of
a
convicted
or
alleged
offender
for
the
human
immunodeficiency
Senate
File
514,
p.
73
virus
pursuant
to
sections
915.40
through
915.43
.
The
rules
shall
provide
for
the
provision
of
counseling,
health
care,
and
support
services
to
the
victim.
23.
19.
Establish
ad
hoc
and
advisory
committees
to
the
director
in
areas
where
technical
expertise
is
not
otherwise
readily
available.
Members
may
be
compensated
for
their
actual
and
necessary
expenses
incurred
in
the
performance
of
their
duties.
To
encourage
health
consumer
participation,
public
members
may
also
receive
a
per
diem
as
specified
in
section
7E.6
if
funds
are
available
and
the
per
diem
is
determined
to
be
appropriate
by
the
director.
Expense
moneys
paid
to
the
members
shall
be
paid
from
funds
appropriated
to
the
department.
A
majority
of
the
members
of
such
a
committee
constitutes
a
quorum.
24.
20.
Administer
annual
grants
to
county
boards
of
health
for
the
purpose
of
conducting
programs
for
the
testing
of
private
water
supply
wells,
the
closing
of
abandoned
private
water
supply
wells,
and
the
renovation
or
rehabilitation
of
private
water
supply
wells.
Grants
shall
be
funded
through
moneys
transferred
to
the
department
from
the
agriculture
management
account
of
the
groundwater
protection
fund
pursuant
to
section
455E.11,
subsection
2
,
paragraph
“b”
,
subparagraph
(2),
subparagraph
division
(b).
The
department
shall
adopt
rules
relating
to
the
awarding
of
the
grants.
25.
21.
Establish
and
administer,
if
sufficient
funds
are
available
to
the
department,
a
program
to
assess
and
forecast
health
workforce
supply
and
demand
in
the
state
for
the
purpose
of
identifying
current
and
projected
workforce
needs.
The
program
may
collect,
analyze,
and
report
data
that
furthers
the
purpose
of
the
program.
The
program
shall
not
release
information
that
permits
identification
of
individual
respondents
of
program
surveys.
26.
22.
In
consultation
with
the
advisory
committee
for
perinatal
guidelines,
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
shall
adopt
rules
in
accordance
with
chapter
17A
to
implement
those
recommendations.
Senate
File
514,
p.
74
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
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
.
27.
23.
In
consultation
with
the
department
of
corrections,
the
antibiotic
resistance
task
force,
and
the
American
federation
of
state,
county
and
municipal
employees,
develop
educational
programs
to
increase
awareness
and
utilization
of
infection
control
practices
in
institutions
listed
in
section
904.102
.
28.
24.
Administer
the
Iowa
youth
survey,
in
collaboration
with
other
state
agencies,
as
appropriate,
every
two
years
to
students
in
grades
six,
eight,
and
eleven
in
Iowa’s
public
and
nonpublic
schools.
Survey
data
shall
be
evaluated
and
reported,
with
aggregate
data
available
online
at
the
Iowa
youth
survey
internet
site.
Sec.
127.
Section
135.14,
Code
2023,
is
amended
to
read
as
follows:
135.14
State
public
health
dental
director
——
duties
program
.
1.
The
position
of
state
public
health
dental
director
is
established
within
the
department.
2.
The
dental
director
department
shall
perform
all
of
the
following
duties:
a.
1.
Plan
and
direct
all
work
activities
of
the
statewide
public
health
dental
program.
b.
2.
Develop
comprehensive
dental
initiatives
for
prevention
activities.
c.
3.
Evaluate
the
effectiveness
of
the
statewide
public
health
dental
program
and
of
program
personnel.
d.
Manage
the
oral
and
health
delivery
systems
bureau
including
direction,
supervision,
and
fiscal
management
of
Senate
File
514,
p.
75
bureau
staff.
e.
4.
Other
related
work
as
required.
Sec.
128.
Section
135.15,
Code
2023,
is
amended
to
read
as
follows:
135.15
Oral
and
health
delivery
systems
bureau
established
——
responsibilities
.
An
oral
and
health
delivery
systems
bureau
is
established
within
the
division
of
health
promotion
and
chronic
disease
prevention
of
the
department.
The
bureau
department
shall
be
responsible
for
all
of
the
following:
1.
Providing
population-based
oral
health
services,
including
public
health
training,
improvement
of
dental
support
systems
for
families,
technical
assistance,
awareness-building
activities,
and
educational
services,
at
the
state
and
local
level
to
assist
Iowans
in
maintaining
optimal
oral
health
throughout
all
stages
of
life.
2.
Performing
infrastructure
building
and
enabling
services
through
the
administration
of
state
and
federal
grant
programs
targeting
access
improvement,
prevention,
and
local
oral
health
programs
utilizing
maternal
and
child
health
programs,
Medicaid,
and
other
new
or
existing
programs.
3.
Leveraging
federal,
state,
and
local
resources
for
programs
under
the
purview
of
the
bureau
department
.
4.
Facilitating
ongoing
strategic
planning
and
application
of
evidence-based
research
in
oral
health
care
policy
development
that
improves
oral
health
care
access
and
the
overall
oral
health
of
all
Iowans.
5.
Developing
and
implementing
an
ongoing
oral
health
surveillance
system
for
the
evaluation
and
monitoring
of
the
oral
health
status
of
children
and
other
underserved
populations.
6.
Facilitating
the
provision
of
oral
health
services
through
dental
homes.
For
the
purposes
of
this
section
,
“dental
home”
means
a
network
of
individualized
care
based
on
risk
assessment,
which
includes
oral
health
education,
dental
screenings,
preventive
services,
diagnostic
services,
treatment
services,
and
emergency
services.
Sec.
129.
Section
135.16A,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
76
2.
a.
The
department
of
inspections
and
appeals
shall
assist
the
Iowa
department
of
public
health
in
adopting
rules
necessary
to
implement
and
administer
this
section
.
b.
If
necessary
to
implement,
administer,
and
enforce
this
section
,
the
Iowa
department
of
public
health
,
in
cooperation
with
the
department
of
agriculture
and
land
stewardship,
shall
submit
a
request
to
the
United
States
department
of
agriculture
for
a
waiver
or
other
exception
from
regulations
as
deemed
feasible
by
the
Iowa
department
of
public
health
.
The
Iowa
department
of
public
health
shall
regularly
report
the
status
of
such
request
to
the
legislative
services
agency.
Sec.
130.
Section
135.22A,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
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
public
health
and
human
services
or
the
director’s
designee
.
b.
The
director
of
human
services
and
any
division
administrators
of
the
department
of
human
services
so
assigned
by
the
director.
c.
b.
The
director
of
the
department
of
education.
d.
c.
The
chief
of
the
special
education
bureau
of
the
department
of
education.
e.
d.
The
administrator
of
the
division
of
vocational
rehabilitation
services
of
the
department
of
education
workforce
development
.
f.
e.
The
director
of
the
department
for
the
blind.
Sec.
131.
Section
135.22B,
subsections
1,
2,
6,
and
7,
Code
2023,
are
amended
to
read
as
follows:
1.
Definitions.
For
the
purposes
of
this
section
:
,
a.
“Brain
injury
services
waiver”
“brain
injury
services
waiver”
means
the
state’s
medical
assistance
home
and
community-based
services
waiver
for
persons
with
brain
injury
implemented
under
chapter
249A
.
b.
“Program
administrator”
means
the
division
of
the
department
designated
to
administer
the
brain
injury
services
program
in
accordance
with
subsection
2
.
2.
Program
created.
Senate
File
514,
p.
77
a.
A
brain
injury
services
program
is
created
and
shall
be
administered
by
a
division
of
the
Iowa
department
of
public
health
in
cooperation
with
counties
and
the
department
of
human
services
.
b.
The
division
of
the
department
assigned
to
administer
the
advisory
council
on
brain
injuries
under
section
135.22A
shall
be
the
program
administrator.
The
division
department’s
duties
shall
include
but
are
not
limited
to
serving
as
the
fiscal
agent
and
contract
administrator
for
the
program
and
providing
program
oversight.
c.
The
division
department
shall
consult
with
the
advisory
council
on
brain
injuries,
established
pursuant
to
section
135.22A
,
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.
6.
Cost-share
requirements.
a.
The
cost-share
component’s
financial
eligibility
requirements
shall
be
established
in
administrative
rule.
In
establishing
the
requirements,
the
department
shall
consider
the
eligibility
and
cost-share
requirements
used
for
the
hawk-i
Hawki
program
under
chapter
514I
.
b.
An
individual’s
cost-share
responsibility
for
services
under
the
cost-share
component
shall
be
determined
on
a
sliding
scale
based
upon
the
individual’s
family
income.
An
individual’s
cost-share
shall
be
assessed
as
a
copayment,
which
shall
not
exceed
thirty
percent
of
the
cost
payable
for
the
service.
c.
The
service
provider
shall
bill
the
department
for
the
portion
of
the
cost
payable
for
the
service
that
is
not
covered
by
the
individual’s
copayment
responsibility.
7.
Application
process.
a.
The
application
materials
for
services
under
the
cost-share
component
of
the
brain
injury
services
program
shall
use
the
application
form
and
other
materials
of
the
brain
injury
services
waiver.
In
order
to
apply
for
the
brain
injury
services
program,
the
applicant
must
authorize
the
department
of
human
services
to
provide
the
applicant’s
waiver
application
materials
to
the
brain
injury
services
program.
The
application
Senate
File
514,
p.
78
materials
provided
shall
include
but
are
not
limited
to
the
waiver
application
and
any
denial
letter,
financial
assessment,
and
functional
assessment
regarding
the
person.
b.
If
a
functional
assessment
for
the
waiver
has
not
been
completed
due
to
a
person’s
financial
ineligibility
for
the
waiver,
the
brain
injury
services
program
may
provide
for
a
functional
assessment
to
determine
the
person’s
needs
by
reimbursing
the
department
of
human
services
for
the
assessment.
c.
The
program
administrator
department
shall
file
copies
of
the
individual’s
application
and
needs
assessment
with
the
program
resource
facilitator
assigned
to
the
individual’s
geographic
area.
d.
The
department’s
program
administrator
department
shall
make
a
final
determination
as
to
whether
program
funding
will
be
authorized
under
the
cost-share
component.
Sec.
132.
Section
135.24,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
,
in
consultation
with
the
department
of
human
services,
shall
adopt
rules
to
implement
the
volunteer
health
care
provider
program
which
shall
include
the
following:
Sec.
133.
Section
135.24A,
Code
2023,
is
amended
to
read
as
follows:
135.24A
Free
clinics
——
volunteer
record
check.
1.
For
purposes
of
this
section
,
“free
clinic”
means
a
free
clinic
as
defined
in
section
135.24
that
is
also
a
network
of
free
clinics
in
this
state
that
offers
operational
and
collaborative
opportunities
to
free
clinics.
2.
Persons
who
are
potential
volunteers
or
volunteers
in
a
free
clinic
in
a
position
having
direct
individual
contact
with
patients
of
the
free
clinic
shall
be
subject
to
criminal
history
and
child
and
dependent
adult
abuse
record
checks
in
accordance
with
this
section
.
The
free
clinic
shall
request
that
the
department
of
public
safety
perform
the
criminal
history
check
and
the
record
check
evaluation
system
of
the
department
of
health
and
human
services
perform
child
and
dependent
adult
abuse
record
checks
of
the
person
in
this
state
and
may
request
these
checks
in
other
states.
3.
A
free
clinic
subject
to
this
section
shall
establish
an
Senate
File
514,
p.
79
evaluation
process
to
determine
whether
a
crime
of
founded
child
or
dependent
adult
abuse
warrants
prohibition
of
the
person’s
participation
as
a
volunteer
in
the
free
clinic.
The
evaluation
process
shall
not
be
less
stringent
than
the
evaluation
process
performed
by
the
department
of
human
services
record
check
evaluation
system
and
shall
be
approved
by
the
department
of
human
services
.
Sec.
134.
Section
135.25,
Code
2023,
is
amended
to
read
as
follows:
135.25
Emergency
medical
services
fund.
An
emergency
medical
services
fund
is
created
in
the
state
treasury
under
the
control
of
the
department.
The
fund
includes,
but
is
not
limited
to,
amounts
appropriated
by
the
general
assembly,
amounts
transferred
pursuant
to
section
602.8108,
subsection
4
,
and
other
moneys
available
from
federal
or
private
sources
which
are
to
be
used
for
purposes
of
this
section
.
Funds
remaining
in
the
fund
at
the
end
of
each
fiscal
year
shall
not
revert
to
the
general
fund
of
the
state
but
shall
remain
in
the
emergency
medical
services
fund,
notwithstanding
section
8.33
.
The
fund
is
established
to
assist
counties
by
matching,
on
a
dollar-for-dollar
basis,
moneys
spent
by
a
county
for
the
acquisition
of
equipment
for
the
provision
of
emergency
medical
services
and
by
providing
grants
to
counties
for
education
and
training
in
the
delivery
of
emergency
medical
services,
as
provided
in
this
section
and
section
422D.6
.
A
county
seeking
matching
funds
under
this
section
shall
apply
to
the
emergency
medical
services
division
of
the
department.
The
department
shall
adopt
rules
concerning
the
application
and
awarding
process
for
the
matching
funds
and
the
criteria
for
the
allocation
of
moneys
in
the
fund
if
the
moneys
are
insufficient
to
meet
the
emergency
medical
services
needs
of
the
counties.
Moneys
allocated
by
the
department
to
a
county
for
emergency
medical
services
purposes
may
be
used
for
equipment
or
training
and
education
as
determined
by
the
board
of
supervisors
pursuant
to
section
422D.6
.
Sec.
135.
Section
135.36,
Code
2023,
is
amended
to
read
as
follows:
135.36
Interference
with
health
department
officer
——
penalties.
Senate
File
514,
p.
80
Any
person
resisting
or
interfering
with
the
department,
its
employees,
or
authorized
agents,
in
the
discharge
of
any
duty
imposed
by
law
shall
be
guilty
of
a
simple
misdemeanor.
Sec.
136.
Section
135.39,
Code
2023,
is
amended
to
read
as
follows:
135.39
Federal
aid.
The
state
department
of
public
health
is
hereby
authorized
to
may
accept
financial
aid
from
the
government
of
the
United
States
for
the
purpose
of
assisting
in
carrying
on
public
health
or
substance
abuse
use
disorder
responsibility
in
the
state
of
Iowa.
Sec.
137.
Section
135.39B,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
prohibition
under
this
section
shall
not
apply
to
early
childhood
immunizations
for
influenza
or
in
times
of
emergency
or
epidemic
as
determined
by
the
director
of
public
health
.
If
an
emergency
or
epidemic
is
determined
to
exist
by
the
director
of
public
health
under
this
subsection
,
the
director
of
public
health
shall
notify
the
state
board
of
council
on
health
and
human
services
,
the
governor,
and
the
legislative
council,
and
shall
notify
the
public
upon
request.
Sec.
138.
Section
135.39E,
Code
2023,
is
amended
to
read
as
follows:
135.39E
Fluoridation
in
public
water
supply
——
notice
of
discontinuance.
1.
At
least
ninety
days
prior
to
taking
any
action
to
permanently
discontinue
fluoridation
in
its
water
supply,
an
owner
or
operator
of
a
public
water
supply
system,
as
defined
in
section
455B.171
,
shall
provide
notice
to
the
oral
and
health
delivery
systems
bureau
established
in
section
135.15
department
and
the
public
water
supply
system’s
customers.
2.
In
order
to
provide
notice
to
its
customers,
the
owner
or
operator
of
the
public
water
supply
system
shall
place
a
notice
on
each
customer’s
water
bill
or
provide
notice
in
a
way
that
is
reasonably
calculated
so
that
all
customers
will
receive
the
notice.
3.
Section
135.38
does
not
apply
to
violations
of
this
section
.
Sec.
139.
Section
135.43,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
81
follows:
135.43
Iowa
child
death
review
team
established
——
duties.
1.
An
Iowa
child
death
review
team
is
established
as
part
of
the
office
of
the
state
medical
examiner
in
the
department
.
The
office
of
the
state
medical
examiner
department
shall
provide
staffing
and
administrative
support
to
the
team.
2.
The
membership
of
the
review
team
is
subject
to
the
provisions
of
sections
69.16
and
69.16A
,
relating
to
political
affiliation
and
gender
balance.
Review
team
members
who
are
not
designated
by
another
appointing
authority
shall
be
appointed
by
the
state
medical
examiner
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
shall
elect
a
chairperson
and
other
officers
as
deemed
necessary
by
the
review
team.
The
review
team
shall
meet
upon
the
call
of
the
state
medical
examiner
director
or
as
determined
by
the
review
team.
The
review
team
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
abuse
use
disorder
.
i.
A
local
law
enforcement
official.
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.
Senate
File
514,
p.
82
n.
One
other
member
who
is
appointed
at
large.
3.
The
review
team
shall
perform
the
following
duties:
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
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.
b.
Recommend
to
the
governor
and
the
general
assembly
interventions
to
prevent
deaths
of
children
based
on
an
analysis
of
the
cause
and
manner
of
such
deaths.
c.
Recommend
to
the
agencies
represented
on
the
review
team
changes
which
may
prevent
child
deaths.
d.
Except
as
authorized
by
this
section
,
maintain
the
confidentiality
of
any
patient
records
or
other
confidential
information
reviewed.
e.
Recommend
to
the
department
of
human
services
,
appropriate
law
enforcement
agencies,
and
any
other
person
involved
with
child
protection,
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.
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
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
a
division
of
the
department
in
performing
the
division’s
department’s
duties,
if
the
division
department
does
not
otherwise
have
access
to
the
information,
share
information
possessed
by
the
review
team.
The
division
Senate
File
514,
p.
83
receiving
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
.
4.
The
review
team
department
shall
develop
protocols
for
a
child
fatality
review
committee,
to
be
appointed
by
the
state
medical
examiner
director
on
an
ad
hoc
basis,
to
immediately
review
the
child
abuse
assessments
which
involve
the
fatality
of
a
child
under
age
eighteen.
The
state
medical
examiner
director
shall
appoint
a
medical
examiner,
a
pediatrician,
and
a
person
involved
with
law
enforcement
to
the
committee.
a.
The
purpose
of
the
review
shall
be
to
determine
whether
the
department
of
human
services
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
that
a
member
of
the
child
fatality
review
committee
does
not
have
a
conflict
of
interest
regarding
the
child
fatality
under
review.
b.
The
committee
shall
have
access
to
patient
records
and
other
pertinent
confidential
information
and,
subject
to
the
restrictions
in
this
subsection
,
may
redisseminate
the
confidential
information
in
the
committee’s
report.
c.
Upon
completion
of
the
review,
the
committee
shall
issue
a
report
which
shall
include
findings
concerning
the
case
and
recommendations
for
changes
to
prevent
child
fatalities
when
similar
circumstances
exist.
The
report
shall
include
but
is
not
limited
to
the
following
information,
subject
to
the
restrictions
listed
in
paragraph
“d”
:
(1)
The
dates,
outcomes,
and
results
of
any
actions
taken
by
the
department
of
human
services
and
others
in
regard
to
each
report
and
allegation
of
child
abuse
involving
the
child
who
died.
(2)
The
results
of
any
review
of
the
case
performed
by
a
multidisciplinary
team,
or
by
any
other
public
entity
that
reviewed
the
case.
(3)
Confirmation
of
receipt
by
the
department
of
human
services
of
any
report
of
child
abuse
involving
the
child,
Senate
File
514,
p.
84
including
confirmation
as
to
whether
or
not
any
assessment
involving
the
child
was
performed
in
accordance
with
section
232.71B
,
the
results
of
any
assessment,
a
description
of
the
most
recent
assessment
and
the
services
offered
to
the
family,
the
services
rendered
to
the
family,
and
the
basis
for
the
department’s
decisions
concerning
the
case.
d.
Prior
to
issuing
the
report,
the
committee
shall
consult
with
the
county
attorney
responsible
for
prosecution
of
the
alleged
perpetrator
of
the
child
fatality.
The
committee’s
report
shall
include
child
abuse
information
associated
with
the
case
and
the
child,
but
is
subject
to
the
restrictions
applicable
to
the
department
of
human
services
for
release
of
information
concerning
a
child
fatality
or
near
fatality
in
accordance
with
section
235A.15,
subsection
9
.
e.
Following
the
completion
of
the
trial
of
any
alleged
perpetrator
of
the
child
fatality
and
the
appeal
period
for
the
granting
of
a
new
trial,
the
committee
shall
issue
a
supplemental
report
containing
the
information
that
was
withheld,
in
accordance
with
paragraph
“d”
,
so
as
not
to
jeopardize
the
prosecution
or
the
rights
of
the
alleged
perpetrator
to
a
fair
trial
as
described
in
section
235A.15,
subsection
9
,
paragraphs
“e”
and
“f”
.
f.
The
report
and
any
supplemental
report
shall
be
submitted
to
the
governor
and
general
assembly.
g.
If
deemed
appropriate
by
the
committee,
at
any
point
in
the
review
the
committee
may
recommend
to
the
department
of
human
services
,
appropriate
law
enforcement
agencies,
and
any
other
person
involved
with
child
protection,
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
committee.
5.
a.
The
following
individuals
shall
designate
a
liaison
to
assist
the
review
team
in
fulfilling
its
responsibilities:
(1)
The
director
of
public
health
and
human
services
.
(2)
The
director
of
human
services.
(3)
(2)
The
commissioner
of
public
safety.
(4)
(3)
The
attorney
general.
(5)
(4)
The
director
of
transportation.
(6)
(5)
The
director
of
the
department
of
education.
Senate
File
514,
p.
85
b.
In
addition,
the
chairperson
of
the
review
team
department
shall
designate
a
liaison
from
the
public
at
large
to
assist
the
review
team
in
fulfilling
its
responsibilities.
6.
The
review
team
may
establish
subcommittees
to
which
the
team
may
delegate
some
or
all
of
the
team’s
responsibilities
under
subsection
3
.
7.
a.
The
state
medical
examiner,
the
Iowa
department
of
public
health,
and
the
department
of
human
services
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
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
office
of
the
state
medical
examiner
department
upon
the
request
of
the
office
department
,
to
be
used
only
in
the
administration
and
for
the
duties
of
the
Iowa
child
death
review
team.
Except
as
provided
for
a
report
on
a
child
fatality
by
an
ad
hoc
child
fatality
review
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
or
the
office
of
the
state
medical
examiner
as
required
under
and
in
compliance
with
this
section
.
8.
Review
team
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
member
or
agent
provided
that
the
review
team
members
or
agents
acted
in
good
faith
and
without
malice
in
carrying
out
their
official
duties
in
their
official
capacity.
The
state
medical
examiner
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
Senate
File
514,
p.
86
against
review
team
members
involving
the
performance
of
their
duties
and
powers
under
this
section
.
9.
A
person
who
releases
or
discloses
confidential
data,
records,
or
any
other
type
of
information
in
violation
of
this
section
is
guilty
of
a
serious
misdemeanor.
Sec.
140.
Section
135.61,
subsection
12,
Code
2023,
is
amended
to
read
as
follows:
12.
“Health
services”
means
clinically
related
diagnostic,
curative,
or
rehabilitative
services,
and
includes
alcoholism,
drug
abuse,
substance
use
disorder
and
mental
health
services.
Sec.
141.
Section
135.100,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Department”
means
the
Iowa
department
of
public
health
and
human
services
.
Sec.
142.
Section
135.101,
Code
2023,
is
amended
to
read
as
follows:
135.101
Childhood
lead
poisoning
prevention
program.
There
is
established
a
childhood
lead
poisoning
prevention
program
within
the
Iowa
department
of
public
health
.
The
department
shall
implement
and
review
programs
necessary
to
eliminate
potentially
dangerous
toxic
lead
levels
in
children
in
Iowa
in
a
year
for
which
funds
are
appropriated
to
the
department
for
this
purpose.
Sec.
143.
Section
135.106,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
Iowa
department
of
public
health
shall
establish
a
healthy
opportunities
for
parents
to
experience
success
(HOPES)
–
healthy
families
Iowa
(HFI)
program
to
provide
services
to
families
and
children
during
the
prenatal
through
preschool
years.
The
program
shall
be
designed
to
do
all
of
the
following:
Sec.
144.
Section
135.106,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
HOPES-HFI
program
shall
be
developed
by
the
Iowa
department
of
public
health
,
and
may
be
implemented,
in
whole
or
in
part,
by
contracting
with
a
nonprofit
child
abuse
prevention
organization,
local
nonprofit
certified
home
health
program
or
other
local
nonprofit
organizations,
and
shall
include,
but
is
not
limited
to,
all
of
the
following
components:
Senate
File
514,
p.
87
Sec.
145.
Section
135.106,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
It
is
the
intent
of
the
general
assembly
to
provide
communities
with
the
discretion
and
authority
to
redesign
existing
local
programs
and
services
targeted
at
and
assisting
families
expecting
babies
and
families
with
children
who
are
newborn
through
five
years
of
age.
The
Iowa
department
of
public
health,
department
of
human
services
,
department
of
education,
and
other
state
agencies
and
programs,
as
appropriate,
shall
provide
technical
assistance
and
support
to
communities
desiring
to
redesign
their
local
programs
and
shall
facilitate
the
consolidation
of
existing
state
funding
appropriated
and
made
available
to
the
community
for
family
support
services.
Funds
which
are
consolidated
in
accordance
with
this
subsection
shall
be
used
to
support
the
redesigned
service
delivery
system.
In
redesigning
services,
communities
are
encouraged
to
implement
a
single
uniform
family
risk
assessment
mechanism
and
shall
demonstrate
the
potential
for
improved
outcomes
for
children
and
families.
Requests
by
local
communities
for
the
redesigning
of
services
shall
be
submitted
to
the
Iowa
department
of
public
health,
department
of
human
services,
and
the
department
of
education,
and
are
subject
to
the
approval
of
the
early
childhood
Iowa
state
board
in
consultation
with
the
departments,
based
on
the
practices
utilized
with
early
childhood
Iowa
areas
under
chapter
256I
.
Sec.
146.
Section
135.107,
Code
2023,
is
amended
to
read
as
follows:
135.107
Center
for
rural
Rural
health
and
primary
care
established
——
duties.
1.
The
center
for
rural
health
and
primary
care
is
established
within
the
department.
2.
1.
The
center
for
rural
health
and
primary
care
department
shall
do
all
of
the
following:
a.
Provide
technical
planning
assistance
to
rural
communities
and
counties
exploring
innovative
means
of
delivering
rural
health
services
through
community
health
services
assessment,
planning,
and
implementation,
including
but
not
limited
to
hospital
conversions,
cooperative
agreements
among
hospitals,
physician
and
health
practitioner
support,
Senate
File
514,
p.
88
recruitment
and
retention
of
primary
health
care
providers,
public
health
services,
emergency
medical
services,
medical
assistance
facilities,
rural
health
care
clinics,
and
alternative
means
which
may
be
included
in
the
long-term
community
health
services
assessment
and
developmental
plan.
The
center
for
rural
health
and
primary
care
department
shall
encourage
collaborative
efforts
of
the
local
boards
of
health,
hospital
governing
boards,
and
other
public
and
private
entities
located
in
rural
communities
to
adopt
a
long-term
community
health
services
assessment
and
developmental
plan
pursuant
to
rules
adopted
by
the
department
and
perform
the
duties
required
of
the
Iowa
department
of
public
health
in
section
135B.33
.
b.
Provide
technical
assistance
to
assist
rural
communities
in
improving
Medicare
reimbursements
through
the
establishment
of
rural
health
clinics,
defined
pursuant
to
42
U.S.C.
§1395x,
and
distinct
part
skilled
nursing
facility
beds.
c.
Coordinate
services
to
provide
research
for
the
following
items:
(1)
Examination
of
the
prevalence
of
rural
occupational
health
injuries
in
the
state.
(2)
Assessment
of
training
and
continuing
education
available
through
local
hospitals
and
others
relating
to
diagnosis
and
treatment
of
diseases
associated
with
rural
occupational
health
hazards.
(3)
Determination
of
continuing
education
support
necessary
for
rural
health
practitioners
to
diagnose
and
treat
illnesses
caused
by
exposure
to
rural
occupational
health
hazards.
(4)
Determination
of
the
types
of
actions
that
can
help
prevent
agricultural
accidents.
(5)
Surveillance
and
reporting
of
disabilities
suffered
by
persons
engaged
in
agriculture
resulting
from
diseases
or
injuries,
including
identifying
the
amount
and
severity
of
agricultural-related
injuries
and
diseases
in
the
state,
identifying
causal
factors
associated
with
agricultural-related
injuries
and
diseases,
and
indicating
the
effectiveness
of
intervention
programs
designed
to
reduce
injuries
and
diseases.
d.
Cooperate
with
the
center
for
agricultural
safety
and
health
established
under
section
262.78
,
the
center
for
health
Senate
File
514,
p.
89
effects
of
environmental
contamination
established
under
section
263.17
,
and
the
department
of
agriculture
and
land
stewardship.
The
agencies
shall
coordinate
programs
to
the
extent
practicable.
e.
Administer
grants
for
farm
safety
education
efforts
directed
to
rural
families
for
the
purpose
of
preventing
farm-related
injuries
to
children.
3.
2.
The
center
for
rural
health
and
primary
care
department
shall
establish
a
primary
care
provider
recruitment
and
retention
endeavor,
to
be
known
as
PRIMECARRE.
The
endeavor
shall
include
a
health
care
workforce
and
community
support
grant
program
and
a
primary
care
provider
loan
repayment
program.
The
endeavor
shall
be
developed
and
implemented
in
a
manner
to
promote
and
accommodate
local
creativity
in
efforts
to
recruit
and
retain
health
care
professionals
to
provide
services
in
the
locality.
The
focus
of
the
endeavor
shall
be
to
promote
and
assist
local
efforts
in
developing
health
care
provider
recruitment
and
retention
programs.
The
center
for
rural
health
and
primary
care
department
may
enter
into
an
agreement
with
the
college
student
aid
commission
for
the
administration
of
the
center’s
department’s
grant
and
loan
repayment
programs.
a.
Health
care
workforce
and
community
support
grant
program.
(1)
The
center
for
rural
health
and
primary
care
department
shall
adopt
rules
establishing
flexible
application
processes
based
upon
the
department’s
strategic
plan
to
be
used
by
the
center
department
to
establish
a
grant
assistance
program
as
provided
in
this
paragraph
“a”
,
and
establishing
the
criteria
to
be
used
in
evaluating
the
applications.
Selection
criteria
shall
include
a
method
for
prioritizing
grant
applications
based
on
illustrated
efforts
to
meet
the
health
care
provider
needs
of
the
locality
and
surrounding
area.
Such
assistance
may
be
in
the
form
of
a
forgivable
loan,
grant,
or
other
nonfinancial
assistance
as
deemed
appropriate
by
the
center
department
.
An
application
submitted
may
contain
a
commitment
of
matching
funds
for
the
grant
assistance.
Application
may
be
made
for
assistance
by
a
single
community
or
group
of
communities
or
in
response
to
programs
recommended
in
the
strategic
plan
to
address
health
workforce
shortages.
Senate
File
514,
p.
90
(2)
Grants
awarded
under
the
program
shall
be
awarded
to
rural,
underserved
areas
or
special
populations
as
identified
by
the
department’s
strategic
plan
or
evidence-based
documentation.
b.
Primary
care
provider
loan
repayment
program.
(1)
A
primary
care
provider
loan
repayment
program
is
established
to
increase
the
number
of
health
professionals
practicing
primary
care
in
federally
designated
health
professional
shortage
areas
of
the
state.
Under
the
program,
loan
repayment
may
be
made
to
a
recipient
for
educational
expenses
incurred
while
completing
an
accredited
health
education
program
directly
related
to
obtaining
credentials
necessary
to
practice
the
recipient’s
health
profession.
(2)
The
center
for
rural
health
and
primary
care
department
shall
adopt
rules
relating
to
the
establishment
and
administration
of
the
primary
care
provider
loan
repayment
program.
Rules
adopted
pursuant
to
this
paragraph
shall
provide,
at
a
minimum,
for
all
of
the
following:
(a)
Determination
of
eligibility
requirements
and
qualifications
of
an
applicant
to
receive
loan
repayment
under
the
program,
including
but
not
limited
to
years
of
obligated
service,
clinical
practice
requirements,
and
residency
requirements.
One
year
of
obligated
service
shall
be
provided
by
the
applicant
in
exchange
for
each
year
of
loan
repayment,
unless
federal
requirements
otherwise
require.
Loan
repayment
under
the
program
shall
not
be
approved
for
a
health
provider
whose
license
or
certification
is
restricted
by
a
medical
regulatory
authority
of
any
jurisdiction
of
the
United
States,
other
nations,
or
territories.
(b)
Identification
of
federally
designated
health
professional
shortage
areas
of
the
state
and
prioritization
of
such
areas
according
to
need.
(c)
Determination
of
the
amount
and
duration
of
the
loan
repayment
an
applicant
may
receive,
giving
consideration
to
the
availability
of
funds
under
the
program,
and
the
applicant’s
outstanding
educational
loans
and
professional
credentials.
(d)
Determination
of
the
conditions
of
loan
repayment
applicable
to
an
applicant.
(e)
Enforcement
of
the
state’s
rights
under
a
loan
repayment
Senate
File
514,
p.
91
program
contract,
including
the
commencement
of
any
court
action.
(f)
Cancellation
of
a
loan
repayment
program
contract
for
reasonable
cause
unless
federal
requirements
otherwise
require.
(g)
Participation
in
federal
programs
supporting
repayment
of
loans
of
health
care
providers
and
acceptance
of
gifts,
grants,
and
other
aid
or
amounts
from
any
person,
association,
foundation,
trust,
corporation,
governmental
agency,
or
other
entity
for
the
purposes
of
the
program.
(h)
Upon
availability
of
state
funds,
determination
of
eligibility
criteria
and
qualifications
for
participating
communities
and
applicants
not
located
in
federally
designated
shortage
areas.
(i)
Other
rules
as
necessary.
4.
3.
a.
Eligibility
under
any
of
the
programs
established
under
the
primary
care
provider
recruitment
and
retention
endeavor
shall
be
based
upon
a
community
health
services
assessment
completed
under
subsection
2
,
paragraph
“a”
.
Participation
in
a
community
health
services
assessment
process
shall
be
documented
by
the
community
or
region.
b.
Assistance
under
this
subsection
shall
not
be
granted
until
such
time
as
the
community
or
region
making
application
has
completed
a
community
health
services
assessment
and
adopted
a
long-term
community
health
services
assessment
and
developmental
plan.
In
addition
to
any
other
requirements,
an
applicant’s
plan
shall
include,
to
the
extent
possible,
a
clear
commitment
to
informing
high
school
students
of
the
health
care
opportunities
which
may
be
available
to
such
students.
c.
The
center
for
rural
health
and
primary
care
department
shall
seek
additional
assistance
and
resources
from
other
state
departments
and
agencies,
federal
agencies
and
grant
programs,
private
organizations,
and
any
other
person,
as
appropriate.
The
center
department
is
authorized
and
directed
to
accept
on
behalf
of
the
state
any
grant
or
contribution,
federal
or
otherwise,
made
to
assist
in
meeting
the
cost
of
carrying
out
the
purpose
of
this
subsection
.
All
federal
grants
to
and
the
federal
receipts
of
the
center
department
are
appropriated
for
the
purpose
set
forth
in
such
federal
grants
or
receipts.
Funds
appropriated
by
the
general
assembly
to
the
center
department
Senate
File
514,
p.
92
for
implementation
of
this
subsection
shall
first
be
used
for
securing
any
available
federal
funds
requiring
a
state
match,
with
remaining
funds
being
used
for
the
health
care
workforce
and
community
support
grant
program.
d.
The
center
for
rural
health
and
primary
care
department
may,
to
further
the
purposes
of
this
subsection
,
provide
financial
assistance
in
the
form
of
grants
to
support
the
effort
of
a
community
which
is
clearly
part
of
the
community’s
long-term
community
health
services
assessment
and
developmental
plan.
Efforts
for
which
such
grants
may
be
awarded
include
but
are
not
limited
to
the
procurement
of
clinical
equipment,
clinical
facilities,
and
telecommunications
facilities,
and
the
support
of
locum
tenens
arrangements
and
primary
care
provider
mentor
programs.
Sec.
147.
Section
135.108,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
“Department”
means
the
Iowa
department
of
public
health
and
human
services
.
2.
“Director”
means
the
director
of
public
health
and
human
services
.
Sec.
148.
Section
135.109,
Code
2023,
is
amended
to
read
as
follows:
135.109
Iowa
domestic
abuse
death
review
team
membership.
1.
An
Iowa
domestic
abuse
death
review
team
is
established
as
an
independent
agency
of
state
government
in
the
department
.
2.
The
department
shall
provide
staffing
and
administrative
support
to
the
team.
3.
The
team
shall
include
the
following
members:
a.
The
state
medical
examiner
or
the
state
medical
examiner’s
designee.
b.
A
licensed
physician,
physician
assistant,
or
nurse
who
is
knowledgeable
concerning
domestic
abuse
injuries
and
deaths,
including
suicides.
c.
A
licensed
mental
health
professional
who
is
knowledgeable
concerning
domestic
abuse.
d.
A
representative
or
designee
of
the
Iowa
coalition
against
domestic
violence.
e.
A
certified
or
licensed
professional
who
is
knowledgeable
concerning
substance
abuse
use
disorder
.
Senate
File
514,
p.
93
f.
A
law
enforcement
official
who
is
knowledgeable
concerning
domestic
abuse.
g.
A
law
enforcement
investigator
experienced
in
domestic
abuse
investigation.
h.
An
attorney
experienced
in
prosecuting
domestic
abuse
cases.
i.
A
judicial
officer
appointed
by
the
chief
justice
of
the
supreme
court.
j.
A
clerk
of
the
district
court
appointed
by
the
chief
justice
of
the
supreme
court.
k.
An
employee
or
subcontractor
of
the
department
of
corrections
who
is
a
trained
batterers’
education
program
facilitator.
l.
An
attorney
licensed
in
this
state
who
provides
criminal
defense
assistance
or
child
custody
representation,
and
who
has
experience
in
dissolution
of
marriage
proceedings.
m.
Both
a
female
and
a
male
victim
of
domestic
abuse.
n.
A
family
member
of
a
decedent
whose
death
resulted
from
domestic
abuse.
4.
The
following
individuals
shall
each
designate
a
liaison
to
assist
the
team
in
fulfilling
the
team’s
duties:
a.
The
attorney
general.
b.
The
director
of
the
Iowa
department
of
corrections.
c.
The
director
of
public
health.
d.
c.
The
director
of
health
and
human
services.
e.
d.
The
commissioner
of
public
safety.
f.
The
administrator
of
the
bureau
of
vital
records
of
the
Iowa
department
of
public
health.
g.
e.
The
director
of
the
department
of
education.
h.
f.
The
state
court
administrator.
i.
The
director
of
the
department
of
human
rights.
j.
g.
The
director
of
the
state
law
enforcement
academy.
5.
a.
The
director
of
public
health
,
in
consultation
with
the
attorney
general,
shall
appoint
review
team
members
who
are
not
designated
by
another
appointing
authority.
b.
A
membership
vacancy
shall
be
filled
in
the
same
manner
as
the
original
appointment.
c.
The
membership
of
the
review
team
is
subject
to
the
provisions
of
sections
69.16
and
69.16A
,
relating
to
political
Senate
File
514,
p.
94
affiliation
and
gender
balance.
d.
A
member
of
the
team
may
be
reappointed
to
serve
additional
terms
on
the
team,
subject
to
the
provisions
of
chapter
69
.
6.
Membership
terms
shall
be
three-year
staggered
terms.
7.
Members
of
the
team
are
eligible
for
reimbursement
of
actual
and
necessary
expenses
incurred
in
the
performance
of
their
official
duties.
8.
Team
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
team
member
or
agent
provided
that
the
team
members
or
agents
acted
reasonably
and
in
good
faith
and
without
malice
in
carrying
out
their
official
duties
in
their
official
capacity.
A
complainant
bears
the
burden
of
proof
in
establishing
malice
or
unreasonableness
or
lack
of
good
faith
in
an
action
brought
against
team
members
involving
the
performance
of
their
duties
and
powers.
Sec.
149.
Section
135.118,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
child
protection
center
grant
program
is
established
in
the
Iowa
department
of
public
health
in
accordance
with
this
section
.
The
director
of
public
health
department
shall
establish
requirements
for
the
grant
program
and
shall
award
grants.
A
grant
may
be
used
for
establishment
of
a
new
center
or
for
support
of
an
existing
center.
Sec.
150.
Section
135.118,
subsection
2,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
As
necessary
to
address
serious
cases
of
child
abuse
such
as
those
involving
sexual
abuse,
serious
physical
abuse,
and
substance
abuse
use
disorder
,
a
grantee
must
be
able
to
involve
or
consult
with
persons
from
various
professional
disciplines
who
have
training
and
expertise
in
addressing
special
types
of
child
abuse.
These
persons
may
include
but
are
not
limited
to
physicians
and
other
health
care
professionals,
mental
health
professionals,
social
workers,
child
protection
workers,
attorneys,
juvenile
court
officers,
public
health
workers,
child
development
experts,
child
educators,
and
child
Senate
File
514,
p.
95
advocates.
Sec.
151.
Section
135.118,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
director
shall
create
a
committee
to
consider
grant
proposals
and
to
make
grant
recommendations
to
the
director.
The
committee
membership
may
include
but
is
not
limited
to
representatives
of
the
following:
departments
of
health
and
human
services
,
and
justice
,
and
public
health
,
Iowa
medical
society,
Iowa
hospital
association,
Iowa
nurses
association,
and
an
association
representing
social
workers.
Sec.
152.
Section
135.140,
Code
2023,
is
amended
to
read
as
follows:
135.140
Definitions.
As
used
in
this
subchapter
,
unless
the
context
otherwise
requires:
1.
“Bioterrorism”
means
the
intentional
use
of
any
microorganism,
virus,
infectious
substance,
or
biological
product
that
may
be
engineered
as
a
result
of
biotechnology,
or
any
naturally
occurring
or
bioengineered
component
of
any
such
microorganism,
virus,
infectious
substance,
or
biological
product,
to
cause
death,
disease,
or
other
biological
malfunction
in
a
human,
an
animal,
a
plant,
or
another
living
organism.
2.
“Department”
means
the
Iowa
department
of
public
health
and
human
services
.
3.
“Director”
means
the
director
of
public
health
and
human
services
or
the
director’s
designee.
4.
“Disaster”
means
disaster
as
defined
in
section
29C.2
.
5.
“Division”
means
the
division
of
acute
disease
prevention
and
emergency
response
of
the
department.
6.
5.
“Public
health
disaster”
means
a
state
of
disaster
emergency
proclaimed
by
the
governor
in
consultation
with
the
department
pursuant
to
section
29C.6
for
a
disaster
which
specifically
involves
an
imminent
threat
of
an
illness
or
health
condition
that
meets
any
of
the
following
conditions
of
paragraphs
“a”
and
“b”
:
a.
Is
reasonably
believed
to
be
caused
by
any
of
the
following:
(1)
Bioterrorism
or
other
act
of
terrorism.
Senate
File
514,
p.
96
(2)
The
appearance
of
a
novel
or
previously
controlled
or
eradicated
infectious
agent
or
biological
toxin.
(3)
A
chemical
attack
or
accidental
release.
(4)
An
intentional
or
accidental
release
of
radioactive
material.
(5)
A
nuclear
or
radiological
attack
or
accident.
(6)
A
natural
occurrence
or
incident,
including
but
not
limited
to
fire,
flood,
storm,
drought,
earthquake,
tornado,
or
windstorm.
(7)
A
man-made
occurrence
or
incident,
including
but
not
limited
to
an
attack,
spill,
or
explosion.
b.
Poses
a
high
probability
of
any
of
the
following:
(1)
A
large
number
of
deaths
in
the
affected
population.
(2)
A
large
number
of
serious
or
long-term
disabilities
in
the
affected
population.
(3)
Widespread
exposure
to
an
infectious
or
toxic
agent
that
poses
a
significant
risk
of
substantial
future
harm
to
a
large
number
of
the
affected
population.
(4)
Short-term
or
long-term
physical
or
behavioral
health
consequences
to
a
large
number
of
the
affected
population.
7.
6.
“Public
health
response
team”
means
a
team
of
professionals,
including
licensed
health
care
providers,
nonmedical
professionals
skilled
and
trained
in
disaster
or
emergency
response,
and
public
health
practitioners,
which
is
sponsored
by
a
hospital
or
other
entity
and
approved
by
the
department
to
provide
disaster
assistance
in
the
event
of
a
disaster
or
threatened
disaster.
Sec.
153.
Section
135.141,
Code
2023,
is
amended
to
read
as
follows:
135.141
Division
of
Department
duties
related
to
acute
disease
prevention
and
emergency
response
——
establishment
——
duties
of
department
.
1.
A
division
of
acute
disease
prevention
and
emergency
response
is
established
within
the
department.
The
division
department
shall
coordinate
the
administration
of
this
subchapter
with
other
administrative
divisions
of
the
department
and
with
federal,
state,
and
local
agencies
and
officials.
2.
The
department
shall
do
all
of
the
following:
Senate
File
514,
p.
97
a.
Coordinate
with
the
department
of
homeland
security
and
emergency
management
the
administration
of
emergency
planning
matters
which
involve
the
public
health,
including
development,
administration,
and
execution
of
the
public
health
components
of
the
comprehensive
emergency
plan
and
emergency
management
program
pursuant
to
section
29C.8
.
b.
Coordinate
with
federal,
state,
and
local
agencies
and
officials,
and
private
agencies,
organizations,
companies,
and
persons,
the
administration
of
emergency
planning,
response,
and
recovery
matters
that
involve
the
public
health.
c.
If
a
public
health
disaster
exists,
or
if
there
is
reasonable
cause
to
believe
that
a
public
health
disaster
is
imminent,
conduct
a
risk
assessment
of
any
present
or
potential
danger
to
the
public
health
from
chemical,
radiological,
or
other
potentially
dangerous
agents.
d.
For
the
purpose
of
paragraph
“c”
,
an
employee
or
agent
of
the
department
may
enter
into
and
examine
any
premises
containing
potentially
dangerous
agents
with
the
consent
of
the
owner
or
person
in
charge
of
the
premises
or,
if
the
owner
or
person
in
charge
of
the
premises
refuses
admittance,
with
an
administrative
search
warrant
obtained
under
section
808.14
.
Based
on
findings
of
the
risk
assessment
and
examination
of
the
premises,
the
director
may
order
reasonable
safeguards
or
take
any
other
action
reasonably
necessary
to
protect
the
public
health
pursuant
to
rules
adopted
to
administer
this
subsection
.
e.
Coordinate
the
location,
procurement,
storage,
transportation,
maintenance,
and
distribution
of
medical
supplies,
drugs,
antidotes,
and
vaccines
to
prepare
for
or
in
response
to
a
public
health
disaster,
including
receiving,
distributing,
and
administering
items
from
the
strategic
national
stockpile
program
of
the
centers
for
disease
control
and
prevention
of
the
United
States
department
of
health
and
human
services.
f.
Conduct
or
coordinate
public
information
activities
regarding
emergency
and
disaster
planning,
response,
and
recovery
matters
that
involve
the
public
health.
g.
Apply
for
and
accept
grants,
gifts,
or
other
funds
to
be
used
for
programs
authorized
by
this
subchapter
.
h.
Establish
and
coordinate
other
programs
or
activities
Senate
File
514,
p.
98
as
necessary
for
the
prevention,
detection,
management,
and
containment
of
public
health
disasters,
and
for
the
recovery
from
such
disasters.
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
state
board
of
health
council
on
health
and
human
services
and
the
director
of
the
department
of
homeland
security
and
emergency
management.
Sec.
154.
Section
135.166,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
department
of
public
health
shall
enter
into
a
memorandum
of
understanding
with
the
contractor
selected
through
a
request
for
proposals
process
to
act
as
the
department’s
intermediary
in
collecting,
maintaining,
and
disseminating
hospital
inpatient,
outpatient,
and
ambulatory
data,
as
initially
authorized
in
1996
Iowa
Acts,
ch.
1212,
§5
,
subsection
1,
paragraph
“a”
,
subparagraph
(4),
and
641
IAC
177.3.
Sec.
155.
Section
135.173A,
Code
2023,
is
amended
to
read
as
follows:
135.173A
Child
care
advisory
committee.
1.
The
early
childhood
stakeholders
alliance
shall
establish
a
state
child
care
advisory
committee
as
part
of
the
stakeholders
alliance.
The
advisory
committee
shall
advise
and
make
recommendations
to
the
governor,
general
assembly,
department
of
human
services
,
and
other
state
agencies
concerning
child
care.
2.
The
membership
of
the
advisory
committee
shall
consist
of
a
broad
spectrum
of
parents
and
other
persons
from
across
the
state
with
an
interest
in
or
involvement
with
child
care.
3.
Except
as
otherwise
provided,
the
voting
members
of
the
advisory
committee
shall
be
appointed
by
the
stakeholders
alliance
from
a
list
of
names
submitted
by
a
nominating
committee
to
consist
of
one
member
of
the
advisory
committee,
one
member
of
the
department
of
human
services’
department’s
Senate
File
514,
p.
99
child
care
staff,
three
consumers
of
child
care,
and
one
member
of
a
professional
child
care
organization.
Two
names
shall
be
submitted
for
each
appointment.
The
voting
members
shall
be
appointed
for
terms
of
three
years.
4.
The
voting
membership
of
the
advisory
committee
shall
be
appointed
in
a
manner
so
as
to
provide
equitable
representation
of
persons
with
an
interest
in
child
care
and
shall
include
all
of
the
following:
a.
Two
parents
of
children
served
by
a
registered
child
development
home.
b.
Two
parents
of
children
served
by
a
licensed
center.
c.
Two
not-for-profit
child
care
providers.
d.
Two
for-profit
child
care
providers.
e.
One
child
care
home
provider.
f.
Three
child
development
home
providers.
g.
One
child
care
resource
and
referral
service
grantee.
h.
One
nongovernmental
child
advocacy
group
representative.
i.
One
designee
of
the
department
of
human
services
.
j.
One
designee
of
the
Iowa
department
of
public
health.
k.
j.
One
designee
of
the
department
of
education.
l.
k.
One
head
start
program
provider.
m.
l.
One
person
who
is
a
business
owner
or
executive
officer
from
nominees
submitted
by
the
Iowa
chamber
of
commerce
executives.
n.
One
designee
of
the
early
childhood
Iowa
office
of
the
department
of
management.
o.
m.
One
person
who
is
a
member
of
the
Iowa
afterschool
alliance.
p.
n.
One
person
who
is
part
of
a
local
program
implementing
the
statewide
preschool
program
for
four-year-old
children
under
chapter
256C
.
q.
o.
One
person
who
represents
the
early
childhood
stakeholders
alliance.
5.
In
addition
to
the
voting
members
of
the
advisory
committee,
the
membership
shall
include
four
legislators
as
ex
officio,
nonvoting
members.
The
four
legislators
shall
be
appointed
one
each
by
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
Senate
File
514,
p.
100
representatives
for
terms
as
provided
in
section
69.16B
.
6.
In
fulfilling
the
advisory
committee’s
role,
the
committee
shall
do
all
of
the
following:
a.
Consult
with
the
department
of
human
services
and
make
recommendations
concerning
policy
issues
relating
to
child
care.
b.
Advise
the
department
of
human
services
concerning
services
relating
to
child
care,
including
but
not
limited
to
any
of
the
following:
(1)
Resource
and
referral
services.
(2)
Provider
training.
(3)
Quality
improvement.
(4)
Public-private
partnerships.
(5)
Standards
review
and
development.
(6)
The
federal
child
care
and
development
block
grant,
state
funding,
grants,
and
other
funding
sources
for
child
care.
c.
Assist
the
department
of
human
services
in
developing
an
implementation
plan
to
provide
seamless
service
to
recipients
of
public
assistance,
which
includes
child
care
services.
For
the
purposes
of
this
subsection
,
“seamless
service”
means
coordination,
where
possible,
of
the
federal
and
state
requirements
which
apply
to
child
care.
d.
Advise
and
provide
technical
services
to
the
director
of
the
department
of
education
or
the
director’s
designee
relating
to
prekindergarten,
kindergarten,
and
before
and
after
school
programming
and
facilities.
e.
Make
recommendations
concerning
child
care
expansion
programs
that
meet
the
needs
of
children
attending
a
core
education
program
by
providing
child
care
before
and
after
the
core
program
hours
and
during
times
when
the
core
program
does
not
operate.
f.
Make
recommendations
for
improving
collaborations
between
the
child
care
programs
involving
the
department
of
human
services
and
programs
supporting
the
education
and
development
of
young
children
including
but
not
limited
to
the
federal
head
start
program;
the
statewide
preschool
program
for
four-year-old
children;
and
the
early
childhood,
at-risk,
and
other
early
education
programs
administered
by
the
department
of
education.
Senate
File
514,
p.
101
g.
Make
recommendations
for
eliminating
duplication
and
otherwise
improving
the
eligibility
determination
processes
used
for
the
state
child
care
assistance
program
and
other
programs
supporting
low-income
families,
including
but
not
limited
to
the
federal
head
start,
early
head
start,
and
even
start
programs;
the
early
childhood,
at-risk,
and
preschool
programs
administered
by
the
department
of
education;
the
family
and
self-sufficiency
grant
program;
and
the
family
investment
program.
h.
Make
recommendations
as
to
the
most
effective
and
efficient
means
of
managing
the
state
and
federal
funding
available
for
the
state
child
care
assistance
program.
i.
Review
program
data
from
the
department
of
human
services
and
other
departments
concerning
child
care
as
deemed
to
be
necessary
by
the
advisory
committee,
although
a
department
shall
not
provide
personally
identifiable
data
or
information.
j.
Advise
and
assist
the
early
childhood
stakeholders
alliance
in
developing
the
strategic
plan
required
pursuant
to
section
256I.4,
subsection
4
.
7.
The
department
of
human
services
shall
provide
information
to
the
advisory
committee
semiannually
on
all
of
the
following:
a.
Federal,
state,
local,
and
private
revenues
and
expenditures
for
child
care
including
but
not
limited
to
updates
on
the
current
and
future
status
of
the
revenues
and
expenditures.
b.
Financial
information
and
data
relating
to
regulation
of
child
care
by
the
department
of
human
services
and
the
usage
of
the
state
child
care
assistance
program.
c.
Utilization
and
availability
data
relating
to
child
care
regulation,
quantity,
and
quality
from
consumer
and
provider
perspectives.
d.
Statistical
and
demographic
data
regarding
child
care
providers
and
the
families
utilizing
child
care.
e.
Statistical
data
regarding
the
processing
time
for
issuing
notices
of
decision
to
state
child
care
assistance
applicants
and
for
issuing
payments
to
child
care
providers.
8.
The
advisory
committee
shall
coordinate
with
the
early
childhood
stakeholders
alliance
its
reporting
annually
in
Senate
File
514,
p.
102
December
to
the
governor
and
general
assembly
concerning
the
status
of
child
care
in
the
state,
providing
findings,
and
making
recommendations.
The
annual
report
may
be
personally
presented
to
the
general
assembly’s
standing
committees
on
health
and
human
resources
services
by
a
representative
of
the
advisory
committee.
Sec.
156.
Section
135.175,
subsection
6,
paragraphs
b
and
c,
Code
2023,
are
amended
to
read
as
follows:
b.
State
programs
that
may
receive
funding
from
the
fund
and
the
accounts
in
the
fund,
if
specifically
designated
for
the
purpose
of
drawing
down
federal
funding,
are
the
primary
care
recruitment
and
retention
endeavor
(PRIMECARRE),
the
Iowa
affiliate
of
the
national
rural
recruitment
and
retention
network,
the
oral
and
health
delivery
systems
bureau
dental
program
of
the
department,
the
primary
care
office
and
shortage
designation
program,
and
the
state
office
of
rural
health
,
administered
through
the
oral
and
health
delivery
systems
bureau
of
the
department
of
public
health
;
any
entity
identified
by
the
federal
government
entity
through
which
federal
funding
for
a
specified
health
care
workforce
shortage
initiative
is
received;
and
a
program
developed
in
accordance
with
the
strategic
plan
developed
by
the
department
of
public
health
in
accordance
with
section
135.163
.
c.
Any
federal
funding
received
for
the
purposes
of
addressing
state
health
care
workforce
shortages
shall
be
deposited
in
the
health
care
workforce
shortage
national
initiatives
account,
unless
otherwise
specified
by
the
source
of
the
funds,
and
shall
be
used
as
required
by
the
source
of
the
funds.
If
use
of
the
federal
funding
is
not
designated,
the
funds
shall
be
used
in
accordance
with
the
strategic
plan
developed
by
the
department
of
public
health
in
accordance
with
section
135.163
,
or
to
address
workforce
shortages
as
otherwise
designated
by
the
department
of
public
health
.
Other
sources
of
funding
shall
be
deposited
in
the
fund
or
account
and
used
as
specified
by
the
source
of
the
funding.
Sec.
157.
Section
135.185,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
The
department
of
public
health
,
the
board
of
medicine,
the
board
of
nursing,
and
the
board
of
pharmacy
shall
adopt
Senate
File
514,
p.
103
rules
pursuant
to
chapter
17A
to
implement
and
administer
this
section
,
including
but
not
limited
to
standards
and
procedures
for
the
prescription,
distribution,
storage,
replacement,
and
administration
of
epinephrine
auto-injectors,
and
for
training
and
authorization
to
be
required
for
personnel
authorized
to
administer
epinephrine.
Sec.
158.
Section
135.190,
subsection
1,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
“Person
in
a
position
to
assist”
means
a
family
member,
friend,
caregiver,
health
care
provider,
employee
of
a
substance
abuse
use
disorder
treatment
facility,
school
employee,
or
other
person
who
may
be
in
a
place
to
render
aid
to
a
person
at
risk
of
experiencing
an
opioid-related
overdose.
Sec.
159.
Section
135.190A,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
The
department
shall
submit
a
report
to
the
co-chairpersons
and
ranking
members
of
the
joint
appropriations
subcommittee
on
the
justice
system
and
to
the
legislative
services
agency
general
assembly
on
or
before
December
31
of
each
year
which
shall
contain
a
list
of
deposits
and
expenditures
from
the
fund
for
the
prior
fiscal
year
and
the
amount
of
carryover
funds,
if
any,
to
be
distributed
in
the
next
fiscal
year.
Sec.
160.
Section
135A.2,
subsections
2
and
4,
Code
2023,
are
amended
to
read
as
follows:
2.
“Department”
means
the
department
of
public
health
and
human
services
.
4.
“Governmental
public
health
system”
means
local
boards
of
health,
the
state
board
of
council
on
health
and
human
services
,
designated
local
public
health
agencies,
the
state
hygienic
laboratory,
and
the
department.
Sec.
161.
Section
135A.8,
subsection
4,
Code
2023,
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
state
board
of
council
on
health
and
human
services
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
Senate
File
514,
p.
104
to
meet
the
needs
of
local
boards
of
health.
Sec.
162.
Section
135A.9,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
state
board
of
council
on
health
and
human
services
shall
adopt
rules
pursuant
to
chapter
17A
to
implement
this
chapter
which
shall
include
but
are
not
limited
to
the
following:
Sec.
163.
Section
135B.7,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
department,
with
the
approval
of
the
state
board
of
council
on
health
and
human
services
,
shall
adopt
rules
setting
out
the
standards
for
the
different
types
of
hospitals
to
be
licensed
under
this
chapter
.
The
department
shall
enforce
the
rules.
Sec.
164.
Section
135B.9,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
In
the
state
resource
centers
and
state
mental
health
institutes
operated
by
the
department
of
health
and
human
services,
the
designated
protection
and
advocacy
agency
as
provided
in
section
135C.2,
subsection
4
,
shall
have
the
authority
to
investigate
all
complaints
of
abuse
and
neglect
of
persons
with
developmental
disabilities
or
mental
illnesses
if
the
complaints
are
reported
to
the
protection
and
advocacy
agency
or
if
there
is
probable
cause
to
believe
that
the
abuse
has
occurred.
Such
authority
shall
include
the
examination
of
all
records
pertaining
to
the
care
provided
to
the
residents
and
contact
or
interview
with
any
resident,
employee,
or
any
other
person
who
might
have
knowledge
about
the
operation
of
the
institution.
Sec.
165.
Section
135B.33,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Subject
to
availability
of
funds,
the
Iowa
department
of
public
health
and
human
services
shall
provide
technical
planning
assistance
to
local
boards
of
health
and
hospital
governing
boards
to
ensure
access
to
hospital
services
in
rural
areas.
The
department
shall
encourage
the
local
boards
of
health
and
hospital
governing
boards
to
adopt
a
long-term
community
health
services
and
developmental
plan
including
the
following:
Sec.
166.
Section
135B.34,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
105
follows:
135B.34
Hospital
employees
——
criminal
history
and
abuse
record
checks
——
penalty.
1.
a.
Prior
to
employment
of
a
person
in
a
hospital,
the
hospital
shall
do
one
of
the
following:
(1)
Request
that
the
department
of
public
safety
perform
a
criminal
history
check
and
the
record
check
evaluation
system
of
the
department
of
health
and
human
services
perform
child
and
dependent
adult
abuse
record
checks
of
the
person
in
this
state.
(2)
Access
the
single
contact
repository
to
perform
the
required
record
checks.
b.
(1)
If
a
hospital
accesses
the
single
contact
repository
to
perform
the
required
record
checks
pursuant
to
paragraph
“a”
,
the
hospital
may
utilize
a
third-party
vendor
to
perform
a
comprehensive
preliminary
background
check
and
provisionally
employ
a
person
being
considered
for
employment
pending
completion
of
the
required
record
checks
through
the
single
contact
repository
and
the
evaluation
by
the
department
of
human
services
record
check
evaluation
system
,
as
applicable,
subject
to
all
of
the
following:
(a)
If
the
comprehensive
preliminary
background
check
determines
that
the
person
being
considered
for
employment
has
been
convicted
of
a
crime,
but
the
crime
does
not
constitute
a
felony
as
defined
in
section
701.7
and
is
not
a
crime
specified
pursuant
to
chapter
708
,
708A
,
709
,
709A
,
710
,
710A
,
711
,
or
712
,
or
pursuant
to
section
726.3
,
726.27
,
or
726.28
.
(b)
If
the
comprehensive
preliminary
background
check
determines
the
person
being
considered
for
employment
does
not
have
a
record
of
founded
child
abuse
or
dependent
adult
abuse
or
if
an
exception
pursuant
to
subsection
4
is
applicable
to
the
person.
(c)
If
the
hospital
has
requested
an
evaluation
in
accordance
with
subsection
2
,
paragraph
“a”
,
to
determine
whether
the
crime
warrants
prohibition
of
the
person’s
employment
in
the
hospital.
(2)
The
provisional
employment
under
this
paragraph
“b”
may
continue
until
such
time
as
the
required
record
checks
through
the
single
contact
repository
and
the
evaluation
by
the
department
of
human
services
record
check
evaluation
system
,
Senate
File
514,
p.
106
as
applicable,
are
completed.
c.
A
hospital
shall
inform
all
persons
prior
to
employment
regarding
the
performance
of
the
record
checks
and
shall
obtain,
from
the
persons,
a
signed
acknowledgment
of
the
receipt
of
the
information.
A
hospital
shall
include
the
following
inquiry
in
an
application
for
employment:
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
or
have
you
ever
been
convicted
of
a
crime,
in
this
state
or
any
other
state?
2.
a.
If
it
is
determined
that
a
person
being
considered
for
employment
in
a
hospital
has
committed
a
crime,
the
department
of
public
safety
shall
notify
the
hospital
that
upon
the
request
of
the
hospital
the
department
of
human
services
record
check
evaluation
system
will
perform
an
evaluation
to
determine
whether
the
crime
warrants
prohibition
of
the
person’s
employment
in
the
hospital.
b.
(1)
If
a
person
being
considered
for
employment,
other
than
employment
involving
the
operation
of
a
motor
vehicle,
has
been
convicted
of
a
crime
listed
in
subparagraph
(2)
but
does
not
have
a
record
of
founded
child
or
dependent
adult
abuse
and
the
hospital
has
requested
an
evaluation
in
accordance
with
paragraph
“a”
to
determine
whether
the
crime
warrants
prohibition
of
the
person’s
employment,
the
hospital
may
employ
the
person
for
not
more
than
sixty
calendar
days
pending
completion
of
the
evaluation.
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
misdemeanor
offense
under
section
123.47
,
and
to
a
crime
that
is
a
first
offense
of
operating
a
motor
vehicle
while
intoxicated
under
section
321J.2,
subsection
1
.
c.
If
a
department
of
human
services
record
check
evaluation
system
child
or
dependent
adult
abuse
record
check
shows
that
the
person
has
a
record
of
founded
child
or
dependent
adult
abuse,
the
department
of
human
services
record
check
evaluation
system
shall
notify
the
hospital
that
upon
the
request
of
the
hospital
the
department
of
human
services
record
check
evaluation
system
will
perform
an
evaluation
to
determine
whether
the
founded
child
or
dependent
adult
abuse
warrants
prohibition
of
the
person’s
employment
in
the
hospital.
d.
An
evaluation
performed
under
this
subsection
shall
Senate
File
514,
p.
107
be
performed
in
accordance
with
procedures
adopted
for
this
purpose
by
the
department
of
health
and
human
services.
e.
(1)
If
a
person
owns
or
operates
more
than
one
hospital,
and
an
employee
of
one
of
such
hospitals
is
transferred
to
another
such
hospital
without
a
lapse
in
employment,
the
hospital
is
not
required
to
request
additional
criminal
and
child
and
dependent
adult
abuse
record
checks
of
that
employee.
(2)
If
the
ownership
of
a
hospital
is
transferred,
at
the
time
of
transfer
the
record
checks
required
by
this
section
shall
be
performed
for
each
employee
for
whom
there
is
no
documentation
that
such
record
checks
have
been
performed.
The
hospital
may
continue
to
employ
such
employee
pending
the
performance
of
the
record
checks
and
any
related
evaluation.
3.
In
an
evaluation,
the
department
of
human
services
record
check
evaluation
system
shall
consider
the
nature
and
seriousness
of
the
crime
or
founded
child
or
dependent
adult
abuse
in
relation
to
the
position
sought
or
held,
the
time
elapsed
since
the
commission
of
the
crime
or
founded
child
or
dependent
adult
abuse,
the
circumstances
under
which
the
crime
or
founded
child
or
dependent
adult
abuse
was
committed,
the
degree
of
rehabilitation,
the
likelihood
that
the
person
will
commit
the
crime
or
founded
child
or
dependent
adult
abuse
again,
and
the
number
of
crimes
or
founded
child
or
dependent
adult
abuses
committed
by
the
person
involved.
If
the
department
of
human
services
record
check
evaluation
system
performs
an
evaluation
for
the
purposes
of
this
section
,
the
department
of
human
services
record
check
evaluation
system
has
final
authority
in
determining
whether
prohibition
of
the
person’s
employment
is
warranted.
4.
a.
Except
as
provided
in
subsection
1
,
paragraph
“b”
,
subsection
2
,
and
paragraph
“b”
of
this
subsection
,
a
person
who
has
committed
a
crime
or
has
a
record
of
founded
child
or
dependent
adult
abuse
shall
not
be
employed
in
a
hospital
licensed
under
this
chapter
unless
an
evaluation
has
been
performed
by
the
department
of
human
services
record
check
evaluation
system
.
b.
A
person
with
a
criminal
or
abuse
record
who
is
or
was
employed
by
a
hospital
licensed
under
this
chapter
and
is
hired
by
another
hospital
shall
be
subject
to
the
criminal
history
and
Senate
File
514,
p.
108
abuse
record
checks
required
pursuant
to
subsection
1
.
However,
if
an
evaluation
was
previously
performed
by
the
department
of
human
services
record
check
evaluation
system
concerning
the
person’s
criminal
or
abuse
record
and
it
was
determined
that
the
record
did
not
warrant
prohibition
of
the
person’s
employment
and
the
latest
record
checks
do
not
indicate
a
crime
was
committed
or
founded
abuse
record
was
entered
subsequent
to
that
evaluation,
the
person
may
commence
employment
with
the
other
hospital
in
accordance
with
the
department
of
human
services’
record
check
evaluation
system’s
evaluation
and
an
exemption
from
the
requirements
in
paragraph
“a”
for
reevaluation
of
the
latest
record
checks
is
authorized.
Otherwise,
the
requirements
of
paragraph
“a”
remain
applicable
to
the
person’s
employment.
Authorization
of
an
exemption
under
this
paragraph
“b”
from
requirements
for
reevaluation
of
the
latest
record
checks
by
the
department
of
human
services
record
check
evaluation
system
is
subject
to
all
of
the
following
provisions:
(1)
The
position
with
the
subsequent
employer
is
substantially
the
same
or
has
the
same
job
responsibilities
as
the
position
for
which
the
previous
evaluation
was
performed.
(2)
Any
restrictions
placed
on
the
person’s
employment
in
the
previous
evaluation
by
the
department
of
human
services
record
check
evaluation
system
shall
remain
applicable
in
the
person’s
subsequent
employment.
(3)
The
person
subject
to
the
record
checks
has
maintained
a
copy
of
the
previous
evaluation
and
provides
the
evaluation
to
the
subsequent
employer
or
the
previous
employer
provides
the
previous
evaluation
from
the
person’s
personnel
file
pursuant
to
the
person’s
authorization.
If
a
physical
copy
of
the
previous
evaluation
is
not
provided
to
the
subsequent
employer,
the
record
checks
shall
be
reevaluated.
(4)
Although
an
exemption
under
this
lettered
paragraph
“b”
may
be
authorized,
the
subsequent
employer
may
instead
request
a
reevaluation
of
the
record
checks
and
may
employ
the
person
while
the
reevaluation
is
being
performed.
5.
a.
If
a
person
employed
by
a
hospital
that
is
subject
to
this
section
is
convicted
of
a
crime
or
has
a
record
of
founded
child
or
dependent
adult
abuse
entered
in
the
abuse
registry
after
the
person’s
employment
application
date,
the
Senate
File
514,
p.
109
person
shall
inform
the
hospital
of
such
information
within
forty-eight
hours
of
the
criminal
conviction
or
entry
of
the
record
of
founded
child
or
dependent
adult
abuse.
The
hospital
shall
act
to
verify
the
information
within
seven
calendar
days
of
notification.
If
the
information
is
verified,
the
requirements
of
subsections
2,
3,
and
4
regarding
employability
and
evaluations
shall
be
applied
by
the
hospital
to
determine
whether
or
not
the
person’s
employment
is
continued.
The
hospital
may
continue
to
employ
the
person
pending
the
performance
of
an
evaluation
by
the
department
of
human
services
record
check
evaluation
system
to
determine
whether
prohibition
of
the
person’s
employment
is
warranted.
A
person
who
is
required
by
this
subsection
to
inform
the
person’s
employer
of
a
conviction
or
entry
of
an
abuse
record
and
fails
to
do
so
within
the
required
period
commits
a
serious
misdemeanor.
b.
If
a
hospital
receives
credible
information,
as
determined
by
the
hospital,
that
a
person
employed
by
the
hospital
has
been
convicted
of
a
crime
or
a
record
of
founded
child
or
dependent
adult
abuse
has
been
entered
in
the
abuse
registry
after
employment
from
a
person
other
than
the
employee
and
the
employee
has
not
informed
the
hospital
of
such
information
within
the
period
required
under
paragraph
“a”
,
the
hospital
shall
act
to
verify
the
credible
information
within
seven
calendar
days
of
receipt
of
the
credible
information.
If
the
information
is
verified,
the
requirements
of
subsections
2,
3,
and
4
regarding
employability
and
evaluations
shall
be
applied
by
the
hospital
to
determine
whether
or
not
the
person’s
employment
is
continued.
c.
The
hospital
may
notify
the
county
attorney
for
the
county
where
the
hospital
is
located
of
any
violation
or
failure
by
an
employee
to
notify
the
hospital
of
a
criminal
conviction
or
entry
of
an
abuse
record
within
the
period
required
under
paragraph
“a”
.
6.
A
hospital
licensed
in
this
state
may
access
the
single
contact
repository
established
by
the
department
pursuant
to
section
135C.33
as
necessary
for
the
hospital
to
perform
record
checks
of
persons
employed
or
being
considered
for
employment
by
the
hospital.
7.
For
the
purposes
of
this
section
,
“comprehensive
Senate
File
514,
p.
110
preliminary
background
check”
means
and
“record
check
evaluation
system”
mean
the
same
as
defined
in
section
135C.1
.
Sec.
167.
Section
135C.1,
subsection
20,
Code
2023,
is
amended
to
read
as
follows:
20.
“Residential
care
facility”
means
any
institution,
place,
building,
or
agency
providing
for
a
period
exceeding
twenty-four
consecutive
hours
accommodation,
board,
personal
assistance
and
other
essential
daily
living
activities
to
three
or
more
individuals,
not
related
to
the
administrator
or
owner
thereof
within
the
third
degree
of
consanguinity,
who
by
reason
of
illness,
disease,
or
physical
or
mental
infirmity
are
unable
to
sufficiently
or
properly
care
for
themselves
but
who
do
not
require
the
services
of
a
registered
or
licensed
practical
nurse
except
on
an
emergency
basis
or
who
by
reason
of
illness,
disease,
or
physical
or
mental
infirmity
are
unable
to
sufficiently
or
properly
care
for
themselves
but
who
do
not
require
the
services
of
a
registered
or
licensed
practical
nurse
except
on
an
emergency
basis
if
home
and
community-based
services,
other
than
nursing
care,
as
defined
by
this
chapter
and
departmental
rule,
are
provided.
For
the
purposes
of
this
definition,
the
home
and
community-based
services
to
be
provided
are
limited
to
the
type
included
under
the
medical
assistance
program
provided
pursuant
to
chapter
249A
,
are
subject
to
cost
limitations
established
by
the
department
of
health
and
human
services
under
the
medical
assistance
program,
and
except
as
otherwise
provided
by
the
department
of
inspections
and
appeals
with
the
concurrence
of
the
department
of
health
and
human
services,
are
limited
in
capacity
to
the
number
of
licensed
residential
care
facilities
and
the
number
of
licensed
residential
care
facility
beds
in
the
state
as
of
December
1,
2003.
Sec.
168.
Section
135C.1,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
18A.
“Record
check
evaluation
system”
means
the
record
check
evaluation
system
of
the
department
of
health
and
human
services
used
to
perform
child
and
dependent
adult
abuse
record
checks
and
to
evaluate
criminal
history
and
abuse
records.
Sec.
169.
Section
135C.4,
subsection
3,
Code
2023,
is
Senate
File
514,
p.
111
amended
to
read
as
follows:
3.
For
the
purposes
of
this
section
,
the
home
and
community-based
services
to
be
provided
shall
be
limited
to
the
type
included
under
the
medical
assistance
program
provided
pursuant
to
chapter
249A
,
shall
be
subject
to
cost
limitations
established
by
the
department
of
health
and
human
services
under
the
medical
assistance
program,
and
except
as
otherwise
provided
by
the
department
of
inspections
and
appeals
with
the
concurrence
of
the
department
of
health
and
human
services,
shall
be
limited
in
capacity
to
the
number
of
licensed
residential
care
facilities
and
the
number
of
licensed
residential
care
facility
beds
in
the
state
as
of
December
1,
2003.
Sec.
170.
Section
135C.6,
subsections
8
and
9,
Code
2023,
are
amended
to
read
as
follows:
8.
The
following
residential
programs
to
which
the
department
of
health
and
human
services
applies
accreditation,
certification,
or
standards
of
review
shall
not
be
required
to
be
licensed
as
a
health
care
facility
under
this
chapter
:
a.
Residential
programs
providing
care
to
not
more
than
four
individuals
and
receiving
moneys
appropriated
to
the
department
of
health
and
human
services
under
provisions
of
a
federally
approved
home
and
community-based
services
waiver
for
persons
with
an
intellectual
disability
or
other
medical
assistance
program
under
chapter
249A
.
In
approving
a
residential
program
under
this
paragraph,
the
department
of
health
and
human
services
shall
consider
the
geographic
location
of
the
program
so
as
to
avoid
an
overconcentration
of
such
programs
in
an
area.
In
order
to
be
approved
under
this
paragraph,
a
residential
program
shall
not
be
required
to
involve
the
conversion
of
a
licensed
residential
care
facility
for
persons
with
an
intellectual
disability.
b.
Not
more
than
forty
residential
care
facilities
for
persons
with
an
intellectual
disability
that
are
licensed
to
serve
not
more
than
five
individuals
may
be
authorized
by
the
department
of
health
and
human
services
to
convert
to
operation
as
a
residential
program
under
the
provisions
of
a
medical
assistance
home
and
community-based
services
waiver
for
persons
with
an
intellectual
disability.
A
converted
residential
Senate
File
514,
p.
112
program
operating
under
this
paragraph
is
subject
to
the
conditions
stated
in
paragraph
“a”
except
that
the
program
shall
not
serve
more
than
five
individuals.
c.
A
residential
program
approved
by
the
department
of
health
and
human
services
pursuant
to
this
paragraph
“c”
to
receive
moneys
appropriated
to
the
department
of
health
and
human
services
under
provisions
of
a
federally
approved
home
and
community-based
services
habilitation
or
waiver
program
may
provide
care
to
not
more
than
five
individuals.
The
department
shall
approve
a
residential
program
under
this
paragraph
that
complies
with
all
of
the
following
conditions:
(1)
Approval
of
the
program
will
not
result
in
an
overconcentration
of
such
programs
in
an
area.
(2)
The
county
in
which
the
residential
program
is
located
submits
to
the
department
of
health
and
human
services
a
letter
of
support
for
approval
of
the
program.
(3)
The
county
in
which
the
residential
program
is
located
provides
to
the
department
of
health
and
human
services
verification
in
writing
that
the
program
is
needed
to
address
one
or
more
of
the
following:
(a)
The
quantity
of
services
currently
available
in
the
county
is
insufficient
to
meet
the
need.
(b)
The
quantity
of
affordable
rental
housing
in
the
county
is
insufficient.
(c)
Implementation
of
the
program
will
cause
a
reduction
in
the
size
or
quantity
of
larger
congregate
programs.
9.
Contingent
upon
the
department
of
health
and
human
services
receiving
federal
approval,
a
residential
program
which
serves
not
more
than
eight
individuals
and
is
licensed
as
an
intermediate
care
facility
for
persons
with
an
intellectual
disability
may
surrender
the
facility
license
and
continue
to
operate
under
a
federally
approved
medical
assistance
home
and
community-based
services
waiver
for
persons
with
an
intellectual
disability,
if
the
department
of
health
and
human
services
has
approved
a
plan
submitted
by
the
residential
program.
Sec.
171.
Section
135C.14,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
shall,
in
accordance
with
chapter
17A
and
with
Senate
File
514,
p.
113
the
approval
of
the
state
board
of
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
state
board
of
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’s
designee,
with
the
state
fire
marshal,
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.
172.
Section
135C.16,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
An
authorized
representative
of
the
department
may
enter
any
licensed
health
care
facility
without
a
warrant,
and
may
examine
all
records
pertaining
to
the
care
provided
residents
of
the
facility.
An
authorized
representative
of
the
department
may
contact
or
interview
any
resident,
employee,
or
any
other
person
who
might
have
knowledge
about
the
operation
of
a
health
care
facility.
An
authorized
representative
of
the
department
of
health
and
human
services
shall
have
the
same
right
with
respect
to
any
facility
where
one
or
more
residents
are
cared
for
entirely
or
partially
at
public
expense,
and
an
authorized
representative
of
the
designated
protection
and
advocacy
agency
shall
have
the
same
right
with
respect
to
any
facility
where
one
or
more
residents
have
developmental
disabilities
or
mental
illnesses,
and
the
state
fire
marshal
or
a
deputy
appointed
pursuant
to
section
135C.9,
subsection
1
,
paragraph
“b”
,
shall
have
the
same
right
of
entry
into
any
facility
and
the
right
to
inspect
any
records
pertinent
to
fire
safety
practices
and
conditions
within
that
facility,
and
an
authorized
representative
of
the
office
of
long-term
care
ombudsman
shall
have
the
same
right
with
respect
to
any
nursing
facility
or
residential
care
facility.
If
any
such
authorized
representative
has
probable
cause
to
believe
that
any
institution,
building,
or
agency
not
licensed
as
a
health
Senate
File
514,
p.
114
care
facility
is
in
fact
a
health
care
facility
as
defined
by
this
chapter
,
and
upon
producing
identification
that
the
individual
is
an
authorized
representative
is
denied
entry
thereto
to
the
facility
for
the
purpose
of
making
an
inspection,
the
authorized
representative
may,
with
the
assistance
of
the
county
attorney
of
the
county
in
which
the
purported
health
care
facility
is
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
any
violations
of
this
chapter
.
Sec.
173.
Section
135C.17,
Code
2023,
is
amended
to
read
as
follows:
135C.17
Duties
of
other
departments.
It
shall
be
the
duty
of
the
department
of
health
and
human
services,
state
fire
marshal,
office
of
long-term
care
ombudsman,
and
the
officers
and
agents
of
other
state
and
local
governmental
units,
and
the
designated
protection
and
advocacy
agency
to
assist
the
department
in
carrying
out
the
provisions
of
this
chapter
,
insofar
as
the
functions
of
these
respective
offices
and
departments
are
concerned
with
the
health,
welfare,
and
safety
of
any
resident
of
any
health
care
facility.
It
shall
be
the
duty
of
the
department
to
cooperate
with
the
protection
and
advocacy
agency
and
the
office
of
long-term
care
ombudsman
by
responding
to
all
reasonable
requests
for
assistance
and
information
as
required
by
federal
law
and
this
chapter
.
Sec.
174.
Section
135C.19,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
A
copy
of
each
citation
required
to
be
posted
by
this
subsection
shall
be
sent
by
the
department
to
the
department
of
health
and
human
services,
to
the
designated
protection
and
advocacy
agency
if
the
facility
has
one
or
more
residents
with
developmental
disabilities
or
mental
illness,
and
to
the
office
of
long-term
care
ombudsman
if
the
facility
is
a
nursing
facility
or
residential
care
facility.
Sec.
175.
Section
135C.19,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
If
the
facility
cited
subsequently
advises
the
department
of
health
and
human
services
that
the
violation
has
been
Senate
File
514,
p.
115
corrected
to
the
satisfaction
of
the
department
of
inspections
and
appeals,
the
department
of
health
and
human
services
shall
maintain
this
advisory
in
the
same
file
with
the
copy
of
the
citation.
The
department
of
health
and
human
services
shall
not
disseminate
to
the
public
any
information
regarding
citations
issued
by
the
department
of
inspections
and
appeals,
but
shall
forward
or
refer
inquiries
to
the
department
of
inspections
and
appeals.
Sec.
176.
Section
135C.20A,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
report
card
form
shall
be
developed
by
the
department
in
cooperation
with
representatives
of
the
department
on
aging
of
health
and
human
services
,
the
state
long-term
care
ombudsman,
representatives
of
certified
volunteer
long-term
care
ombudsmen,
representatives
of
protection
and
advocacy
entities,
consumers,
and
other
interested
persons.
Sec.
177.
Section
135C.22,
Code
2023,
is
amended
to
read
as
follows:
135C.22
Applicable
to
governmental
units.
The
provisions
of
this
chapter
shall
be
applicable
to
institutions
operated
by
or
under
the
control
of
the
department
of
health
and
human
services,
the
state
board
of
regents,
or
any
other
governmental
unit.
Sec.
178.
Section
135C.31A,
Code
2023,
is
amended
to
read
as
follows:
135C.31A
Assessment
of
residents
——
program
eligibility
——
prescription
drug
coverage.
1.
A
health
care
facility
shall
assist
the
Iowa
department
of
veterans
affairs
in
identifying,
upon
admission
of
a
resident,
the
resident’s
eligibility
for
benefits
through
the
United
States
department
of
veterans
affairs.
The
department
of
inspections
and
appeals,
in
cooperation
with
the
department
of
health
and
human
services,
shall
adopt
rules
to
administer
this
section
,
including
a
provision
that
ensures
that
if
a
resident
is
eligible
for
benefits
through
the
United
States
department
of
veterans
affairs
or
other
third-party
payor,
the
payor
of
last
resort
for
reimbursement
to
the
health
care
facility
is
the
medical
assistance
program.
The
rules
shall
also
require
the
health
care
facility
to
request
information
from
a
Senate
File
514,
p.
116
resident
or
resident’s
personal
representative
regarding
the
resident’s
veteran
status
and
to
report
to
the
Iowa
department
of
veterans
affairs
only
the
names
of
residents
identified
as
potential
veterans
along
with
the
names
of
their
spouses
and
any
dependents.
Information
reported
by
the
health
care
facility
shall
be
verified
by
the
Iowa
department
of
veterans
affairs.
This
section
shall
not
apply
to
the
admission
of
an
individual
to
a
state
mental
health
institute
for
acute
psychiatric
care
or
to
the
admission
of
an
individual
to
the
Iowa
veterans
home.
2.
a.
If
a
resident
is
identified,
upon
admission
to
a
health
care
facility,
as
eligible
for
benefits
through
the
United
States
department
of
veterans
affairs
pursuant
to
subsection
1
or
through
other
means,
the
health
care
facility
shall
allow
the
resident
to
access
any
prescription
drug
benefit
included
in
such
benefits
for
which
the
resident
is
also
eligible.
The
health
care
facility
shall
also
assist
the
Iowa
department
of
veterans
affairs
in
identifying
individuals
residing
in
such
health
care
facilities
on
July
1,
2009,
who
are
eligible
for
the
prescription
drug
benefit.
b.
The
department
of
inspections
and
appeals,
the
department
of
veterans
affairs,
and
the
department
of
health
and
human
services
shall
identify
any
barriers
to
residents
in
accessing
such
prescription
drug
benefits
and
shall
assist
health
care
facilities
in
adjusting
their
procedures
for
medication
administration
to
comply
with
this
subsection
.
Sec.
179.
Section
135C.33,
Code
2023,
is
amended
to
read
as
follows:
135C.33
Employees
and
certified
nurse
aide
trainees
——
child
or
dependent
adult
abuse
information
and
criminal
record
check
options
——
evaluations
——
application
to
other
providers
——
penalty.
1.
a.
For
the
purposes
of
this
section
,
the
term
“crime”
does
not
include
offenses
under
chapter
321
classified
as
a
simple
misdemeanor
or
equivalent
simple
misdemeanor
offenses
from
another
jurisdiction.
b.
Prior
to
employment
of
a
person
in
a
facility
or
with
a
provider
as
specified
in
subsection
5
,
the
facility
or
provider
shall
do
one
of
the
following:
(1)
Request
that
the
department
of
public
safety
perform
a
Senate
File
514,
p.
117
criminal
history
check
and
the
record
check
evaluation
system
of
the
department
of
health
and
human
services
perform
child
and
dependent
adult
abuse
record
checks
of
the
person
in
this
state.
(2)
Access
the
single
contact
repository
to
perform
the
required
record
checks.
c.
(1)
If
a
facility
or
a
provider
as
specified
in
subsection
5
accesses
the
single
contact
repository
to
perform
the
required
record
checks
pursuant
to
paragraph
“b”
,
the
facility
or
provider
may
utilize
a
third-party
vendor
to
perform
a
comprehensive
preliminary
background
check
and
provisionally
employ
a
person
being
considered
for
employment
pending
completion
of
the
required
record
checks
through
the
single
contact
repository
and
the
evaluation
by
the
department
of
human
services
record
check
evaluation
system
,
as
applicable,
subject
to
all
of
the
following:
(a)
If
the
comprehensive
preliminary
background
check
determines
that
the
person
being
considered
for
employment
has
been
convicted
of
a
crime,
but
the
crime
does
not
constitute
a
felony
as
defined
in
section
701.7
and
is
not
a
crime
specified
pursuant
to
chapter
708
,
708A
,
709
,
709A
,
710
,
710A
,
711
,
or
712
,
or
pursuant
to
section
726.3
,
726.27
,
or
726.28
.
(b)
If
the
comprehensive
preliminary
background
check
determines
the
person
being
considered
for
employment
does
not
have
a
record
of
founded
child
abuse
or
dependent
adult
abuse
or
if
an
exception
pursuant
to
subsection
4
is
applicable
to
the
person.
(c)
If
the
facility
or
provider
has
requested
an
evaluation
in
accordance
with
subsection
2
,
paragraph
“a”
,
to
determine
whether
the
crime
warrants
prohibition
of
the
person’s
employment
in
the
facility
or
with
the
provider.
(2)
The
provisional
employment
under
this
paragraph
“c”
may
continue
until
such
time
as
the
required
record
checks
through
the
single
contact
repository
and
the
evaluation
by
the
department
of
human
services
record
check
evaluation
system
,
as
applicable,
are
completed.
d.
A
facility
or
provider
shall
inform
all
persons
prior
to
employment
regarding
the
performance
of
the
record
checks
and
shall
obtain,
from
the
persons,
a
signed
acknowledgment
of
the
receipt
of
the
information.
A
facility
or
provider
shall
Senate
File
514,
p.
118
include
the
following
inquiry
in
an
application
for
employment:
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
or
have
you
ever
been
convicted
of
a
crime
other
than
a
simple
misdemeanor
offense
relating
to
motor
vehicles
and
laws
of
the
road
under
chapter
321
or
equivalent
provisions,
in
this
state
or
any
other
state?
2.
a.
If
it
is
determined
that
a
person
being
considered
for
employment
in
a
facility
or
with
a
provider
has
been
convicted
of
a
crime
under
a
law
of
any
state,
the
department
of
public
safety
shall
notify
the
facility
or
provider
that
upon
the
request
of
the
facility
or
provider
the
department
of
human
services
record
check
evaluation
system
will
perform
an
evaluation
to
determine
whether
the
crime
warrants
prohibition
of
the
person’s
employment
in
the
facility
or
with
the
provider.
b.
(1)
If
a
person
being
considered
for
employment,
other
than
employment
involving
the
operation
of
a
motor
vehicle,
has
been
convicted
of
a
crime
listed
in
subparagraph
(2)
but
does
not
have
a
record
of
founded
child
or
dependent
adult
abuse
and
the
facility
or
provider
has
requested
an
evaluation
in
accordance
with
paragraph
“a”
to
determine
whether
the
crime
warrants
prohibition
of
the
person’s
employment,
the
facility
or
provider
may
employ
the
person
for
not
more
than
sixty
calendar
days
pending
completion
of
the
evaluation.
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
misdemeanor
offense
under
section
123.47
,
and
to
a
crime
that
is
a
first
offense
of
operating
a
motor
vehicle
while
intoxicated
under
section
321J.2,
subsection
1
.
c.
If
a
department
of
human
services
record
check
evaluation
system
child
or
dependent
adult
abuse
record
check
shows
that
such
person
has
a
record
of
founded
child
or
dependent
adult
abuse,
the
department
of
human
services
record
check
evaluation
system
shall
notify
the
facility
or
provider
that
upon
the
request
of
the
facility
or
provider
the
department
of
human
services
record
check
evaluation
system
will
perform
an
evaluation
to
determine
whether
the
founded
child
or
dependent
adult
abuse
warrants
prohibition
of
employment
in
the
facility
or
with
the
provider.
d.
An
evaluation
performed
under
this
subsection
shall
be
performed
in
accordance
with
procedures
adopted
for
this
Senate
File
514,
p.
119
purpose
by
the
department
of
health
and
human
services.
e.
(1)
If
a
person
owns
or
operates
more
than
one
facility
or
a
provider
owns
or
operates
more
than
one
location,
and
an
employee
of
one
of
such
facilities
or
provider
locations
is
transferred
to
another
such
facility
or
provider
location
without
a
lapse
in
employment,
the
facility
or
provider
is
not
required
to
request
additional
criminal
and
child
and
dependent
adult
abuse
record
checks
of
that
employee.
(2)
If
the
ownership
of
a
facility
or
provider
is
transferred,
at
the
time
of
transfer
the
record
checks
required
by
this
section
shall
be
performed
for
each
employee
for
whom
there
is
no
documentation
that
such
record
checks
have
been
performed.
The
facility
or
provider
may
continue
to
employ
such
employee
pending
the
performance
of
the
record
checks
and
any
related
evaluation.
3.
In
an
evaluation,
the
department
of
human
services
record
check
evaluation
system
shall
consider
the
nature
and
seriousness
of
the
crime
or
founded
child
or
dependent
adult
abuse
in
relation
to
the
position
sought
or
held,
the
time
elapsed
since
the
commission
of
the
crime
or
founded
child
or
dependent
adult
abuse,
the
circumstances
under
which
the
crime
or
founded
child
or
dependent
adult
abuse
was
committed,
the
degree
of
rehabilitation,
the
likelihood
that
the
person
will
commit
the
crime
or
founded
child
or
dependent
adult
abuse
again,
and
the
number
of
crimes
or
founded
child
or
dependent
adult
abuses
committed
by
the
person
involved.
If
the
department
of
human
services
record
check
evaluation
system
performs
an
evaluation
for
the
purposes
of
this
section
,
the
department
of
human
services
record
check
evaluation
system
has
final
authority
in
determining
whether
prohibition
of
the
person’s
employment
is
warranted.
4.
a.
Except
as
provided
in
subsection
1
,
paragraph
“c”
,
subsection
2
,
and
paragraph
“b”
of
this
subsection
,
a
person
who
has
committed
a
crime
or
has
a
record
of
founded
child
or
dependent
adult
abuse
shall
not
be
employed
in
a
facility
or
with
a
provider
unless
an
evaluation
has
been
performed
by
the
department
of
human
services
record
check
evaluation
system
.
b.
A
person
with
a
criminal
or
abuse
record
who
is
or
was
employed
by
a
facility
or
provider
and
is
hired
by
another
Senate
File
514,
p.
120
facility
or
provider
shall
be
subject
to
the
criminal
history
and
abuse
record
checks
required
pursuant
to
subsection
1
.
However,
if
an
evaluation
was
previously
performed
by
the
department
of
human
services
record
check
evaluation
system
concerning
the
person’s
criminal
or
abuse
record
and
it
was
determined
that
the
record
did
not
warrant
prohibition
of
the
person’s
employment
and
the
latest
record
checks
do
not
indicate
a
crime
was
committed
or
founded
abuse
record
was
entered
subsequent
to
that
evaluation,
the
person
may
commence
employment
with
the
other
facility
or
provider
in
accordance
with
the
department
of
human
services’
record
check
evaluation
system’s
evaluation
and
an
exemption
from
the
requirements
in
paragraph
“a”
for
reevaluation
of
the
latest
record
checks
is
authorized.
Otherwise,
the
requirements
of
paragraph
“a”
remain
applicable
to
the
person’s
employment.
Authorization
of
an
exemption
under
this
paragraph
“b”
from
requirements
for
reevaluation
of
the
latest
record
checks
by
the
department
of
human
services
record
check
evaluation
system
is
subject
to
all
of
the
following
provisions:
(1)
The
position
with
the
subsequent
employer
is
substantially
the
same
or
has
the
same
job
responsibilities
as
the
position
for
which
the
previous
evaluation
was
performed.
(2)
Any
restrictions
placed
on
the
person’s
employment
in
the
previous
evaluation
by
the
department
of
human
services
record
check
evaluation
system
shall
remain
applicable
in
the
person’s
subsequent
employment.
(3)
The
person
subject
to
the
record
checks
has
maintained
a
copy
of
the
previous
evaluation
and
provides
the
evaluation
to
the
subsequent
employer
or
the
previous
employer
provides
the
previous
evaluation
from
the
person’s
personnel
file
pursuant
to
the
person’s
authorization.
If
a
physical
copy
of
the
previous
evaluation
is
not
provided
to
the
subsequent
employer,
the
record
checks
shall
be
reevaluated.
(4)
Although
an
exemption
under
this
paragraph
“b”
may
be
authorized,
the
subsequent
employer
may
instead
request
a
reevaluation
of
the
record
checks
and
may
employ
the
person
while
the
reevaluation
is
being
performed.
5.
a.
This
section
shall
also
apply
to
prospective
employees
of
all
of
the
following,
if
the
provider
is
regulated
Senate
File
514,
p.
121
by
the
state
or
receives
any
state
or
federal
funding:
(1)
An
employee
of
a
homemaker-home
health
aide,
home
care
aide,
adult
day
services,
or
other
provider
of
in-home
services
if
the
employee
provides
direct
services
to
consumers.
(2)
An
employee
of
a
hospice,
if
the
employee
provides
direct
services
to
consumers.
(3)
An
employee
who
provides
direct
services
to
consumers
under
a
federal
home
and
community-based
services
waiver.
(4)
An
employee
of
an
elder
group
home
certified
under
chapter
231B
,
if
the
employee
provides
direct
services
to
consumers.
(5)
An
employee
of
an
assisted
living
program
certified
under
chapter
231C
,
if
the
employee
provides
direct
services
to
consumers.
b.
In
substantial
conformance
with
the
provisions
of
this
section
,
including
the
provision
authorizing
provisional
employment
following
completion
of
a
comprehensive
preliminary
background
check,
prior
to
the
employment
of
such
an
employee,
the
provider
shall
request
the
performance
of
the
criminal
and
child
and
dependent
adult
abuse
record
checks.
The
provider
shall
inform
the
prospective
employee
and
obtain
the
prospective
employee’s
signed
acknowledgment.
The
department
of
human
services
record
check
evaluation
system
shall
perform
the
evaluation
of
any
criminal
record
or
founded
child
or
dependent
adult
abuse
record
and
shall
make
the
determination
of
whether
a
prospective
employee
of
a
provider
shall
not
be
employed
by
the
provider.
6.
a.
This
section
shall
also
apply
to
an
employee
of
a
temporary
staffing
agency
that
provides
staffing
for
a
facility,
service,
program,
or
other
provider
regulated
by
this
section
if
the
employee
provides
direct
services
to
consumers.
b.
In
substantial
conformance
with
the
provisions
of
this
section
,
including
the
provision
authorizing
provisional
employment
following
completion
of
a
comprehensive
preliminary
background
check,
prior
to
the
employment
of
such
an
employee,
the
temporary
staffing
agency
shall
request
the
performance
of
the
criminal
and
child
and
dependent
adult
abuse
record
checks.
The
temporary
staffing
agency
shall
inform
the
prospective
employee
and
obtain
the
prospective
employee’s
Senate
File
514,
p.
122
signed
acknowledgment.
The
department
of
human
services
record
check
evaluation
system
shall
perform
the
evaluation
of
any
criminal
record
or
founded
child
or
dependent
adult
abuse
record
and
shall
make
the
determination
of
whether
a
prospective
employee
of
a
temporary
staffing
agency
shall
not
be
employed
by
the
assisted
living
program
as
defined
in
section
231C.2
,
the
Medicare
certified
home
health
agency,
or
the
facility,
service,
program,
or
other
provider
regulated
by
this
section
.
c.
If
a
person
employed
by
a
temporary
staffing
agency
that
is
subject
to
this
section
is
convicted
of
a
crime
or
has
a
record
of
founded
child
or
dependent
adult
abuse
entered
in
the
abuse
registry
after
the
person’s
employment
application
date,
the
person
shall
inform
the
temporary
staffing
agency
within
forty-eight
hours
and
the
temporary
staffing
agency
shall
inform
the
facility,
service,
program,
or
other
provider
within
two
hours.
d.
If
a
temporary
staffing
agency
fails
to
comply
with
the
requirements
of
this
section
,
the
temporary
staffing
agency
shall
be
liable
to
the
facility,
service,
program,
or
other
provider
for
any
actual
damages,
including
civil
penalties,
and
reasonable
attorney
fees.
e.
This
section
shall
not
apply
to
employees
employed
by
a
temporary
staffing
agency
for
a
position
that
does
not
provide
direct
services
to
consumers.
7.
a.
The
department
of
inspections
and
appeals,
in
conjunction
with
other
departments
and
agencies
of
state
government
involved
with
criminal
history
and
abuse
registry
information,
shall
establish
a
single
contact
repository
for
facilities
and
other
providers
to
have
electronic
access
to
data
to
perform
background
checks
for
purposes
of
employment,
as
required
of
the
facilities
and
other
providers
under
this
section
.
b.
The
department
may
access
the
single
contact
repository
for
any
of
the
following
purposes:
(1)
To
verify
data
transferred
from
the
department’s
nurse
aide
registry
to
the
repository.
(2)
To
conduct
record
checks
of
applicants
for
employment
with
the
department.
8.
a.
If
a
person
employed
by
a
facility,
service,
or
Senate
File
514,
p.
123
program
employer
that
is
subject
to
this
section
is
convicted
of
a
crime
or
has
a
record
of
founded
child
or
dependent
adult
abuse
entered
in
the
abuse
registry
after
the
person’s
employment
application
date,
the
person
shall
inform
the
employer
of
such
information
within
forty-eight
hours
of
the
criminal
conviction
or
entry
of
the
record
of
founded
child
or
dependent
adult
abuse.
The
employer
shall
act
to
verify
the
information
within
seven
calendar
days
of
notification.
If
the
information
is
verified,
the
requirements
of
subsections
2,
3,
and
4
regarding
employability
and
evaluations
shall
be
applied
by
the
employer
to
determine
whether
or
not
the
person’s
employment
is
continued.
The
employer
may
continue
to
employ
the
person
pending
the
performance
of
an
evaluation
by
the
department
of
human
services
record
check
evaluation
system
to
determine
whether
prohibition
of
the
person’s
employment
is
warranted.
A
person
who
is
required
by
this
subsection
to
inform
the
person’s
employer
of
a
conviction
or
entry
of
an
abuse
record
and
fails
to
do
so
within
the
required
period
commits
a
serious
misdemeanor.
b.
If
a
facility,
service,
or
program
employer
receives
credible
information,
as
determined
by
the
employer,
that
a
person
employed
by
the
employer
has
been
convicted
of
a
crime
or
a
record
of
founded
child
or
dependent
adult
abuse
has
been
entered
in
the
abuse
registry
after
employment
from
a
person
other
than
the
employee
and
the
employee
has
not
informed
the
employer
of
such
information
within
the
period
required
under
paragraph
“a”
,
the
employer
shall
act
to
verify
the
credible
information
within
seven
calendar
days
of
receipt
of
the
credible
information.
If
the
information
is
verified,
the
requirements
of
subsections
2,
3,
and
4
regarding
employability
and
evaluations
shall
be
applied
to
determine
whether
or
not
the
person’s
employment
is
continued.
c.
The
employer
may
notify
the
county
attorney
for
the
county
where
the
employer
is
located
of
any
violation
or
failure
by
an
employee
to
notify
the
employer
of
a
criminal
conviction
or
entry
of
an
abuse
record
within
the
period
required
under
paragraph
“a”
.
9.
a.
For
the
purposes
of
this
subsection
,
unless
the
context
otherwise
requires:
Senate
File
514,
p.
124
(1)
“Certified
nurse
aide
training
program”
means
a
program
approved
in
accordance
with
the
rules
for
such
programs
adopted
by
the
department
of
health
and
human
services
for
the
training
of
persons
seeking
to
be
a
certified
nurse
aide
for
employment
in
any
of
the
facilities
or
programs
this
section
applies
to
or
in
a
hospital,
as
defined
in
section
135B.1
.
(2)
“Student”
means
a
person
applying
for,
enrolled
in,
or
returning
to
a
certified
nurse
aide
training
program.
b.
(1)
Prior
to
a
student
beginning
or
returning
to
a
certified
nurse
aide
training
program,
the
program
shall
do
one
of
the
following:
(a)
Request
that
the
department
of
public
safety
perform
a
criminal
history
check
and
the
department
of
human
services
record
check
evaluation
system
perform
child
and
dependent
adult
abuse
record
checks,
in
this
state,
of
the
student.
(b)
Access
the
single
contact
repository
to
perform
the
required
record
checks.
(2)
If
a
program
accesses
the
single
contact
repository
to
perform
the
required
record
checks
pursuant
to
subparagraph
(1),
the
program
may
utilize
a
third-party
vendor
to
perform
a
comprehensive
preliminary
background
check
to
allow
a
person
to
provisionally
participate
in
the
clinical
component
of
the
certified
nurse
aide
training
program
pending
completion
of
the
required
record
checks
through
the
single
contact
repository
and
the
evaluation
by
the
department
of
human
services
record
check
evaluation
system
,
as
applicable,
subject
to
all
of
the
following:
(a)
If
the
comprehensive
preliminary
background
check
determines
that
the
person
being
considered
for
provisional
participation
has
been
convicted
of
a
crime
but
the
crime
does
not
constitute
a
felony
as
defined
in
section
701.7
and
is
not
a
crime
specified
pursuant
to
chapter
708
,
708A
,
709
,
709A
,
710
,
710A
,
711
,
or
712
,
or
pursuant
to
section
726.3
,
726.27
,
or
726.28
.
(b)
If
the
comprehensive
preliminary
background
check
determines
the
person
being
considered
for
provisional
participation
does
not
have
a
record
of
founded
child
abuse
or
dependent
adult
abuse
or
if
an
exception
pursuant
to
subsection
4
is
applicable
to
the
person.
Senate
File
514,
p.
125
(c)
If
the
program
has
requested
an
evaluation
in
accordance
with
subsection
2
,
paragraph
“a”
,
to
determine
whether
the
crime
warrants
prohibition
of
the
person’s
provisional
participation.
(d)
The
provisional
participation
under
this
subparagraph
(2)
may
continue
until
such
time
as
the
required
record
checks
through
the
single
contact
repository
and
the
evaluation
by
the
department
of
human
services
record
check
evaluation
system
,
as
applicable,
are
completed.
c.
If
a
student
has
a
criminal
record
or
a
record
of
founded
child
or
dependent
adult
abuse,
the
student
shall
not
be
involved
in
a
clinical
education
component
of
the
certified
nurse
aide
training
program
involving
children
or
dependent
adults
unless
an
evaluation
has
been
performed
by
the
department
of
human
services
record
check
evaluation
system
.
Upon
request
of
the
certified
nurse
aide
training
program,
the
department
of
human
services
record
check
evaluation
system
shall
perform
an
evaluation
to
determine
whether
the
record
warrants
prohibition
of
the
student’s
involvement
in
a
clinical
education
component
of
the
certified
nurse
aide
training
program
involving
children
or
dependent
adults.
The
evaluation
shall
be
performed
in
accordance
with
the
criteria
specified
in
subsection
3
,
and
the
department
of
human
services
record
check
evaluation
system
shall
report
the
results
of
the
evaluation
to
the
certified
nurse
aide
training
program.
The
department
of
human
services
record
check
evaluation
system
has
final
authority
in
determining
whether
prohibition
of
the
student’s
involvement
in
the
clinical
education
component
is
warranted.
d.
(1)
If
a
student’s
clinical
education
component
of
the
training
program
involves
children
or
dependent
adults
but
does
not
involve
operation
of
a
motor
vehicle,
and
the
student
has
been
convicted
of
a
crime
listed
in
subparagraph
(2),
but
does
not
have
a
record
of
founded
child
or
dependent
adult
abuse,
and
the
training
program
has
requested
an
evaluation
in
accordance
with
paragraph
“c”
to
determine
whether
the
crime
warrants
prohibition
of
the
student’s
involvement
in
such
clinical
education
component,
the
training
program
may
allow
the
student’s
participation
in
the
component
for
not
more
than
sixty
days
pending
completion
of
the
evaluation.
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
Senate
File
514,
p.
126
misdemeanor
offense
under
section
123.47
,
and
to
a
crime
that
is
a
first
offense
of
operating
a
motor
vehicle
while
intoxicated
under
section
321J.2,
subsection
1
.
e.
(1)
If
a
student
is
convicted
of
a
crime
or
has
a
record
of
founded
child
or
dependent
adult
abuse
entered
in
the
abuse
registry
after
the
record
checks
and
any
evaluation
have
been
performed,
the
student
shall
inform
the
certified
nurse
aide
training
program
of
such
information
within
forty-eight
hours
of
the
criminal
conviction
or
entry
of
the
record
of
founded
child
or
dependent
adult
abuse.
The
program
shall
act
to
verify
the
information
within
seven
calendar
days
of
notification.
If
the
information
is
verified,
the
requirements
of
paragraph
“c”
shall
be
applied
by
the
program
to
determine
whether
or
not
the
student’s
involvement
in
a
clinical
education
component
may
continue.
The
program
may
allow
the
student
involvement
to
continue
pending
the
performance
of
an
evaluation
by
the
department
of
human
services
record
check
evaluation
system
.
A
student
who
is
required
by
this
subparagraph
to
inform
the
program
of
a
conviction
or
entry
of
an
abuse
record
and
fails
to
do
so
within
the
required
period
commits
a
serious
misdemeanor.
(2)
If
a
program
receives
credible
information,
as
determined
by
the
program,
that
a
student
has
been
convicted
of
a
crime
or
a
record
of
founded
child
or
dependent
adult
abuse
has
been
entered
in
the
abuse
registry
after
the
record
checks
and
any
evaluation
have
been
performed,
from
a
person
other
than
the
student
and
the
student
has
not
informed
the
program
of
such
information
within
the
period
required
under
subparagraph
(1),
the
program
shall
act
to
verify
the
credible
information
within
seven
calendar
days
of
receipt
of
the
credible
information.
If
the
information
is
verified,
the
requirements
of
paragraph
“c”
shall
be
applied
to
determine
whether
or
not
the
student’s
involvement
in
a
clinical
education
component
may
continue.
(3)
The
program
may
notify
the
county
attorney
for
the
county
where
the
program
is
located
of
any
violation
or
failure
by
a
student
to
notify
the
program
of
a
criminal
conviction
or
entry
of
an
abuse
record
within
the
period
required
under
subparagraph
(1).
f.
If
a
certified
nurse
aide
training
program
is
conducted
by
a
health
care
facility
and
a
student
of
that
program
Senate
File
514,
p.
127
subsequently
accepts
and
begins
employment
with
the
facility
within
thirty
days
of
completing
the
program,
the
criminal
history
and
abuse
registry
checks
of
the
student
performed
pursuant
to
this
subsection
shall
be
deemed
to
fulfill
the
requirements
for
such
checks
prior
to
employment
pursuant
to
subsection
1
.
Sec.
180.
Section
135D.2,
subsections
3
and
13,
Code
2023,
are
amended
to
read
as
follows:
3.
“Department”
means
the
department
of
public
health
and
human
services
.
13.
“
Iowa
Medicaid
enterprise
program
”
means
the
centralized
medical
assistance
program
infrastructure,
based
on
a
business
enterprise
model,
and
designed
to
foster
collaboration
among
all
program
stakeholders
by
focusing
on
quality,
integrity,
and
consistency
as
defined
in
section
249A.2
.
Sec.
181.
Section
135D.6,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
A
single
industry
shall
not
be
disproportionately
represented
as
voting
members
of
the
board.
The
board
shall
include
at
least
one
member
who
is
a
consumer
of
health
services
and
a
majority
of
the
voting
members
of
the
board
shall
be
representative
of
participants
in
the
Iowa
health
information
network.
The
director
of
public
health
and
human
services
or
the
director’s
designee
and
the
director
of
the
Iowa
Medicaid
enterprise
program
or
the
director’s
designee
shall
act
as
voting
members
of
the
board.
The
commissioner
of
insurance
shall
act
as
an
ex
officio,
nonvoting
member
of
the
board.
Individuals
serving
in
an
ex
officio,
nonvoting
capacity
shall
not
be
included
in
the
total
number
of
individuals
authorized
as
members
of
the
board.
Sec.
182.
Section
135D.6,
subsection
3,
paragraph
f,
Code
2023,
is
amended
to
read
as
follows:
f.
Provide
an
annual
budget
and
fiscal
report
for
the
Iowa
health
information
network
to
the
governor,
the
department
of
public
health
and
human
services
,
the
department
of
management,
the
chairs
and
ranking
members
of
the
legislative
government
oversight
standing
committees,
and
the
legislative
services
agency.
The
report
shall
also
include
information
about
the
services
provided
through
the
network
and
information
on
the
Senate
File
514,
p.
128
participant
usage
of
the
network.
Sec.
183.
Section
135G.10,
Code
2023,
is
amended
to
read
as
follows:
135G.10
Rules.
1.
The
department
of
inspections
and
appeals
and
the
department
of
health
and
human
services
shall
collaborate
in
establishing
standards
for
licensing
of
subacute
care
facilities
to
achieve
all
of
the
following
objectives:
a.
Subacute
mental
health
services
are
provided
based
on
sound,
proven
clinical
practice.
b.
Subacute
mental
health
services
are
established
in
a
manner
that
allows
the
services
to
be
included
in
the
federal
medical
assistance
state
plan.
2.
It
is
the
intent
of
the
general
assembly
that
subacute
mental
health
services
be
included
in
the
Medicaid
state
plan
adopted
for
the
implementation
of
the
federal
Patient
Protection
and
Affordable
Care
Act,
benchmark
plan.
3.
The
department
of
inspections
and
appeals,
in
consultation
with
the
department
of
health
and
human
services
and
affected
professional
groups,
shall
adopt
and
enforce
rules
setting
out
the
standards
for
a
subacute
care
facility
and
the
rights
of
the
residents
admitted
to
a
subacute
care
facility.
The
department
of
inspections
and
appeals
and
the
department
of
health
and
human
services
shall
coordinate
the
adoption
of
rules
and
the
enforcement
of
the
rules
in
order
to
prevent
duplication
of
effort
by
the
departments
and
of
requirements
of
the
licensee.
Sec.
184.
Section
135G.11,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Upon
receipt
of
a
complaint
made
in
accordance
with
subsection
1
,
the
department
shall
make
a
preliminary
review
of
the
complaint.
Unless
the
department
concludes
that
the
complaint
is
intended
to
harass
a
subacute
care
facility
or
a
licensee
or
is
without
reasonable
basis,
it
shall
within
twenty
working
days
of
receipt
of
the
complaint
make
or
cause
to
be
made
an
on-site
inspection
of
the
subacute
care
facility
which
is
the
subject
of
the
complaint.
The
department
of
inspections
and
appeals
may
refer
to
the
department
of
health
and
human
services
any
complaint
received
by
the
department
Senate
File
514,
p.
129
of
inspections
and
appeals
if
the
complaint
applies
to
rules
adopted
by
the
department
of
health
and
human
services.
The
complainant
shall
also
be
notified
of
the
name,
address,
and
telephone
number
of
the
designated
protection
and
advocacy
agency
if
the
alleged
violation
involves
a
facility
with
one
or
more
residents
with
a
developmental
disability
or
mental
illness.
In
any
case,
the
complainant
shall
be
promptly
informed
of
the
result
of
any
action
taken
by
the
department
in
the
matter.
Sec.
185.
Section
135H.4,
Code
2023,
is
amended
to
read
as
follows:
135H.4
Licensure.
A
person
shall
not
establish,
operate,
or
maintain
a
psychiatric
medical
institution
for
children
unless
the
person
obtains
a
license
for
the
institution
under
this
chapter
and
either
holds
a
license
under
section
237.3,
subsection
2
,
paragraph
“a”
,
as
a
comprehensive
residential
facility
for
children
or
holds
a
license
under
section
125.13
,
if
the
facility
provides
substance
abuse
use
disorder
treatment.
Sec.
186.
Section
135H.6,
subsection
1,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
The
department
of
health
and
human
services
has
submitted
written
approval
of
the
application
based
on
the
department
of
health
and
human
services’
determination
of
need.
The
department
of
health
and
human
services
shall
identify
the
location
and
number
of
children
in
the
state
who
require
the
services
of
a
psychiatric
medical
institution
for
children.
Approval
of
an
application
shall
be
based
upon
the
location
of
the
proposed
psychiatric
institution
relative
to
the
need
for
services
identified
by
the
department
of
health
and
human
services
and
an
analysis
of
the
applicant’s
ability
to
provide
services
and
support
consistent
with
requirements
under
chapter
232
,
particularly
regarding
community-based
treatment.
If
the
proposed
psychiatric
institution
is
not
freestanding
from
a
facility
licensed
under
chapter
135B
or
135C
,
approval
under
this
paragraph
shall
not
be
given
unless
the
department
of
health
and
human
services
certifies
that
the
proposed
psychiatric
institution
is
capable
of
providing
a
resident
with
a
living
environment
similar
to
the
living
environment
provided
Senate
File
514,
p.
130
by
a
licensee
which
is
freestanding
from
a
facility
licensed
under
chapter
135B
or
135C
.
Sec.
187.
Section
135H.6,
subsections
2,
3,
4,
and
5,
Code
2023,
are
amended
to
read
as
follows:
2.
The
department
of
health
and
human
services
shall
not
give
approval
to
an
application
which
would
cause
the
total
number
of
beds
licensed
under
this
chapter
for
services
reimbursed
by
the
medical
assistance
program
under
chapter
249A
to
exceed
four
hundred
thirty
beds.
3.
In
addition
to
the
beds
authorized
under
subsection
2
,
the
department
of
health
and
human
services
may
establish
not
more
than
thirty
beds
licensed
under
this
chapter
at
the
state
mental
health
institute
at
Independence.
The
beds
shall
be
exempt
from
the
certificate
of
need
requirement
under
subsection
1
,
paragraph
“d”
.
4.
The
department
of
health
and
human
services
may
give
approval
to
conversion
of
beds
approved
under
subsection
2
,
to
beds
which
are
specialized
to
provide
substance
abuse
use
disorder
treatment.
However,
the
total
number
of
beds
approved
under
subsection
2
and
this
subsection
shall
not
exceed
four
hundred
thirty.
Conversion
of
beds
under
this
subsection
shall
not
require
a
revision
of
the
certificate
of
need
issued
for
the
psychiatric
institution
making
the
conversion.
Beds
for
children
who
do
not
reside
in
this
state
and
whose
service
costs
are
not
paid
by
public
funds
in
this
state
are
not
subject
to
the
limitations
on
the
number
of
beds
and
certificate
of
need
requirements
otherwise
applicable
under
this
section
.
5.
A
psychiatric
institution
licensed
prior
to
July
1,
1999,
may
exceed
the
number
of
beds
authorized
under
subsection
2
if
the
excess
beds
are
used
to
provide
services
funded
from
a
source
other
than
the
medical
assistance
program
under
chapter
249A
.
Notwithstanding
subsection
1
,
paragraphs
“d”
and
“e”
,
and
subsection
2
,
the
provision
of
services
using
those
excess
beds
does
not
require
a
certificate
of
need
or
a
review
by
the
department
of
health
and
human
services.
Sec.
188.
Section
135H.7,
Code
2023,
is
amended
to
read
as
follows:
135H.7
Personnel.
1.
A
person
shall
not
be
allowed
to
provide
services
in
a
Senate
File
514,
p.
131
psychiatric
institution
if
the
person
has
a
disease
which
is
transmissible
to
other
persons
through
required
contact
in
the
workplace,
which
presents
a
significant
risk
of
infecting
other
persons,
which
presents
a
substantial
possibility
of
harming
other
persons,
or
for
which
no
reasonable
accommodation
can
eliminate
the
risk
of
infecting
other
persons.
2.
a.
If
a
person
is
being
considered
for
licensure
under
this
chapter
,
or
for
employment
involving
direct
responsibility
for
a
child
or
with
access
to
a
child
when
the
child
is
alone,
by
a
licensed
psychiatric
institution,
or
if
a
person
will
reside
in
a
facility
utilized
by
a
licensee,
and
if
the
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
abuse,
the
department
of
human
services
record
check
evaluation
system
and
the
licensee
,
for
an
employee
of
the
licensee
,
shall
perform
an
evaluation
to
determine
whether
the
crime
or
founded
child
abuse
warrants
prohibition
of
licensure,
employment,
or
residence
in
the
facility.
The
record
check
evaluation
system
of
the
department
of
health
and
human
services
shall
conduct
criminal
and
child
abuse
record
checks
in
this
state
and
may
conduct
these
checks
in
other
states.
The
evaluation
shall
be
performed
in
accordance
with
procedures
adopted
for
this
purpose
by
the
department
of
health
and
human
services.
b.
If
the
department
of
human
services
record
check
evaluation
system
determines
that
a
person
has
committed
a
crime
or
has
a
record
of
founded
child
abuse
and
is
licensed,
employed
by
a
psychiatric
institution
licensed
under
this
chapter
,
or
resides
in
a
licensed
facility,
the
department
record
check
evaluation
system
shall
notify
the
program
that
an
evaluation
will
be
conducted
to
determine
whether
prohibition
of
the
person’s
licensure,
employment,
or
residence
is
warranted.
c.
In
an
evaluation,
the
department
of
human
services
record
check
evaluation
system
and
the
licensee
for
an
employee
of
the
licensee
shall
consider
the
nature
and
seriousness
of
the
crime
or
founded
child
abuse
in
relation
to
the
position
sought
or
held,
the
time
elapsed
since
the
commission
of
the
crime
or
founded
child
abuse,
the
circumstances
under
which
the
crime
or
founded
child
abuse
was
committed,
the
degree
of
rehabilitation,
the
likelihood
that
the
person
will
commit
the
crime
or
founded
child
abuse
again,
and
the
number
of
crimes
Senate
File
514,
p.
132
or
founded
child
abuses
committed
by
the
person
involved.
The
department
record
check
evaluation
system
may
permit
a
person
who
is
evaluated
to
be
licensed,
employed,
or
to
reside,
or
to
continue
to
be
licensed,
employed,
or
to
reside
in
a
licensed
facility,
if
the
person
complies
with
the
department’s
record
check
evaluation
system’s
conditions
relating
to
the
person’s
licensure,
employment,
or
residence,
which
may
include
completion
of
additional
training.
For
an
employee
of
a
licensee,
these
conditional
requirements
shall
be
developed
with
the
licensee.
The
department
of
human
services
record
check
evaluation
system
has
final
authority
in
determining
whether
prohibition
of
the
person’s
licensure,
employment,
or
residence
is
warranted
and
in
developing
any
conditional
requirements
under
this
paragraph.
3.
If
the
department
of
human
services
record
check
evaluation
system
determines
that
the
person
has
committed
a
crime
or
has
a
record
of
founded
child
abuse
which
warrants
prohibition
of
licensure,
employment,
or
residence,
the
person
shall
not
be
licensed
under
this
chapter
to
operate
a
psychiatric
institution
and
shall
not
be
employed
by
a
psychiatric
institution
or
reside
in
a
facility
licensed
under
this
chapter
.
4.
In
addition
to
the
record
checks
required
under
subsection
2
,
the
department
of
human
services
record
check
evaluation
system
may
conduct
dependent
adult
abuse
record
checks
in
this
state
and
may
conduct
these
checks
in
other
states,
on
a
random
basis.
The
provisions
of
subsections
2
and
3
,
relative
to
an
evaluation
following
a
determination
that
a
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
abuse,
shall
also
apply
to
a
random
dependent
adult
abuse
record
check
conducted
under
this
subsection
.
5.
Beginning
July
1,
1994,
a
A
licensee
shall
inform
all
new
applicants
for
employment
of
the
possibility
of
the
performance
of
a
record
check
and
shall
obtain,
from
the
applicant,
a
signed
acknowledgment
of
the
receipt
of
the
information.
6.
On
or
after
July
1,
1994,
a
A
licensee
shall
include
the
following
inquiry
in
an
application
for
employment:
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
or
have
you
ever
been
convicted
of
a
crime,
in
this
state
or
any
Senate
File
514,
p.
133
other
state?
Sec.
189.
Section
135H.10,
Code
2023,
is
amended
to
read
as
follows:
135H.10
Rules.
1.
The
department
of
inspections
and
appeals,
in
consultation
with
the
department
of
health
and
human
services
and
affected
professional
groups,
shall
adopt
and
enforce
rules
setting
out
the
standards
for
a
psychiatric
medical
institution
for
children
and
the
rights
of
the
residents
admitted
to
a
psychiatric
institution.
The
department
of
inspections
and
appeals
and
the
department
of
health
and
human
services
shall
coordinate
the
adoption
of
rules
and
the
enforcement
of
the
rules
in
order
to
prevent
duplication
of
effort
by
the
departments
and
of
requirements
of
the
licensee.
2.
This
chapter
shall
not
be
construed
as
prohibiting
the
use
of
funds
appropriated
for
foster
care
to
provide
payment
to
a
psychiatric
medical
institution
for
children
for
the
financial
participation
required
of
a
child
whose
foster
care
placement
is
in
a
psychiatric
medical
institution
for
children.
In
accordance
with
established
policies
and
procedures
for
foster
care,
the
department
of
health
and
human
services
shall
act
to
recover
any
such
payment
for
financial
participation,
apply
to
be
named
payee
for
the
child’s
unearned
income,
and
recommend
parental
liability
for
the
costs
of
a
court-ordered
foster
care
placement
in
a
psychiatric
medical
institution.
Sec.
190.
Section
135H.12,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Upon
receipt
of
a
complaint
made
in
accordance
with
section
135H.11
,
the
department
shall
make
a
preliminary
review
of
the
complaint.
Unless
the
department
concludes
that
the
complaint
is
intended
to
harass
a
psychiatric
institution
or
a
licensee
or
is
without
reasonable
basis,
it
shall
within
twenty
working
days
of
receipt
of
the
complaint
make
or
cause
to
be
made
an
on-site
inspection
of
the
psychiatric
institution
which
is
the
subject
of
the
complaint.
The
department
of
inspections
and
appeals
may
refer
to
the
department
of
health
and
human
services
any
complaint
received
by
the
department
if
the
complaint
applies
to
rules
adopted
by
the
department
of
health
and
human
services.
The
complainant
shall
also
Senate
File
514,
p.
134
be
notified
of
the
name,
address,
and
telephone
number
of
the
designated
protection
and
advocacy
agency
if
the
alleged
violation
involves
a
facility
with
one
or
more
residents
with
developmental
disabilities
or
mental
illness.
In
any
case,
the
complainant
shall
be
promptly
informed
of
the
result
of
any
action
taken
by
the
department
in
the
matter.
Sec.
191.
Section
135J.7,
Code
2023,
is
amended
to
read
as
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
state
board
of
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.
192.
Section
135L.1,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
“Child-placing
agency”
means
any
agency,
public,
semipublic,
or
private,
which
represents
itself
as
placing
children,
receiving
children
for
placement,
or
actually
engaging
in
placement
of
children
and
includes
the
department
of
health
and
human
services.
Sec.
193.
Section
135L.2,
subsection
1,
paragraph
b,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
Information
regarding
the
options
described
in
the
video
including
information
regarding
the
agencies
and
programs
available
to
provide
assistance
to
the
pregnant
minor
in
parenting
a
child;
information
relating
to
adoption
including
but
not
limited
to
information
regarding
child-placing
agencies;
and
information
regarding
abortion
including
but
not
limited
to
the
legal
requirements
relative
to
the
performance
of
an
abortion
on
a
pregnant
minor.
The
information
provided
shall
include
information
explaining
that
if
a
pregnant
minor
decides
to
continue
the
pregnancy
to
term
and
to
retain
parental
rights,
the
father
of
the
child
is
liable
for
the
support
of
the
child
and
that
if
the
pregnant
minor
seeks
public
assistance
on
behalf
of
the
child,
the
pregnant
minor
shall,
and
if
the
pregnant
minor
is
not
otherwise
eligible
as
a
public
assistance
recipient,
the
pregnant
minor
may,
seek
the
assistance
of
Senate
File
514,
p.
135
the
child
support
recovery
unit
services
in
establishing
the
paternity
of
the
child,
and
in
seeking
support
payments
for
a
reasonable
amount
of
the
costs
associated
with
the
pregnancy,
medical
support,
and
maintenance
from
the
father
of
the
child,
or
if
the
father
is
a
minor,
from
the
parents
of
the
minor
father.
The
information
shall
include
a
listing
of
the
agencies
and
programs
and
the
services
available
from
each.
Sec.
194.
Section
135L.2,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
video
shall
be
available
through
the
state
and
local
offices
of
the
Iowa
department
of
public
health,
the
department
of
health
and
human
services
,
and
the
judicial
branch
and
through
the
office
of
each
licensed
physician
who
performs
abortions.
Sec.
195.
Section
135L.3,
subsection
3,
paragraph
m,
subparagraph
(4),
Code
2023,
is
amended
to
read
as
follows:
(4)
The
pregnant
minor
declares
that
the
pregnant
minor
is
a
victim
of
child
abuse
pursuant
to
section
232.68
,
the
person
responsible
for
the
care
of
the
child
is
a
parent
of
the
child,
and
either
the
abuse
has
been
reported
pursuant
to
the
procedures
prescribed
in
chapter
232,
subchapter
III,
part
2
,
or
a
parent
of
the
child
is
named
in
a
report
of
founded
child
abuse.
The
department
of
health
and
human
services
shall
maintain
confidentiality
under
chapter
232
and
shall
not
release
any
information
in
response
to
a
request
for
public
records,
discovery
procedures,
subpoena,
or
any
other
means,
unless
the
release
of
information
is
expressly
authorized
by
the
pregnant
minor
regarding
the
pregnant
minor’s
pregnancy
and
abortion,
if
the
abortion
is
obtained.
A
person
who
knowingly
violates
the
confidentiality
provisions
of
this
subparagraph
is
guilty
of
a
serious
misdemeanor.
Sec.
196.
Section
135L.8,
Code
2023,
is
amended
to
read
as
follows:
135L.8
Adoption
of
rules
——
implementation
and
documents.
The
Iowa
department
of
public
health
and
human
services
shall
adopt
rules
to
implement
the
notification
procedures
pursuant
to
this
chapter
including
but
not
limited
to
rules
regarding
the
documents
necessary
for
notification
of
a
parent
or
grandparent
of
a
pregnant
minor
who
is
designated
to
receive
notification
Senate
File
514,
p.
136
under
this
chapter
.
Sec.
197.
Section
135M.2,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
“Department”
means
the
Iowa
department
of
public
health
and
human
services
.
Sec.
198.
Section
136A.1,
Code
2023,
is
amended
to
read
as
follows:
136A.1
Purpose.
To
reduce
and
avoid
adverse
health
conditions
of
inhabitants
of
the
state,
the
Iowa
department
of
public
health
shall
initiate,
conduct,
and
supervise
screening
and
health
care
programs
in
order
to
detect
and
predict
congenital
or
inherited
disorders.
The
department
shall
assist
in
the
translation
and
integration
of
genetic
and
genomic
advances
into
public
health
services
to
improve
health
outcomes
throughout
the
life
span
of
the
inhabitants
of
the
state.
Sec.
199.
Section
136A.2,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
“Department”
means
the
Iowa
department
of
public
health
and
human
services
.
Sec.
200.
Section
136A.3,
Code
2023,
is
amended
to
read
as
follows:
136A.3
Establishment
of
center
for
congenital
Congenital
and
inherited
disorders
——
department
duties.
A
center
for
congenital
and
inherited
disorders
is
established
within
the
department.
The
center
department
shall
do
all
of
the
following:
1.
Initiate,
conduct,
and
supervise
statewide
screening
programs
for
congenital
and
inherited
disorders
amenable
to
population
screening.
2.
Initiate,
conduct,
and
supervise
statewide
health
care
programs
to
aid
in
the
early
detection,
treatment,
prevention,
education,
and
provision
of
supportive
care
related
to
congenital
and
inherited
disorders.
3.
Develop
specifications
for
and
designate
a
central
laboratory
in
which
tests
conducted
pursuant
to
the
screening
programs
provided
for
in
subsection
1
will
be
performed.
4.
Gather,
evaluate,
and
maintain
information
related
to
causes,
severity,
prevention,
and
methods
of
treatment
Senate
File
514,
p.
137
for
congenital
and
inherited
disorders
in
conjunction
with
a
central
registry,
screening
programs,
genetic
health
care
programs,
and
ongoing
scientific
investigations
and
surveys.
5.
Perform
surveillance
and
monitoring
of
congenital
and
inherited
disorders
to
determine
the
occurrence
and
trends
of
the
disorders,
to
conduct
thorough
and
complete
epidemiological
surveys,
to
assist
in
the
planning
for
and
provision
of
services
to
children
with
congenital
and
inherited
disorders
and
their
families,
and
to
identify
environmental
and
genetic
risk
factors
for
congenital
and
inherited
disorders.
6.
Provide
information
related
to
severity,
causes,
prevention,
and
methods
of
treatment
for
congenital
and
inherited
disorders
to
the
public,
medical
and
scientific
communities,
and
health
science
disciplines.
7.
Implement
public
education
programs,
continuing
education
programs
for
health
practitioners,
and
education
programs
for
trainees
of
the
health
science
disciplines
related
to
genetics,
congenital
disorders,
and
inheritable
disorders.
8.
Participate
in
policy
development
to
assure
the
appropriate
use
and
confidentiality
of
genetic
information
and
technologies
to
improve
health
and
prevent
disease.
9.
Collaborate
with
state
and
local
health
agencies
and
other
public
and
private
organizations
to
provide
education,
intervention,
and
treatment
for
congenital
and
inherited
disorders
and
to
integrate
genetics
and
genomics
advances
into
public
health
activities
and
policies.
Sec.
201.
Section
136A.3A,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
A
congenital
and
inherited
disorders
advisory
committee
is
established
to
assist
the
center
for
congenital
and
inherited
disorders
and
the
department
in
the
development
of
programs
that
ensure
the
availability
and
access
to
quality
genetic
and
genomic
health
care
services
for
all
Iowans.
3.
The
advisory
committee
shall
assist
the
center
for
congenital
and
inherited
disorders
and
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.
Sec.
202.
Section
136A.4,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
138
follows:
136A.4
Genetic
health
services.
The
center
department
may
initiate,
conduct,
and
supervise
genetic
health
services
for
the
inhabitants
of
the
state,
including
the
provision
of
regional
genetic
consultation
clinics,
comprehensive
neuromuscular
health
care
outreach
clinics,
and
other
outreach
services
and
clinics
as
established
by
rule.
Sec.
203.
Section
136A.5B,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
In
accordance
with
the
duties
prescribed
in
section
136A.3
,
the
center
for
congenital
and
inherited
disorders
department
shall
collaborate
with
state
and
local
health
agencies
and
other
public
and
private
organizations
to
develop
and
publish
or
approve
and
publish
informational
materials
to
educate
and
raise
awareness
of
cytomegalovirus
and
congenital
cytomegalovirus
among
women
who
may
become
pregnant,
expectant
parents,
parents
of
infants,
attending
health
care
providers,
and
others,
as
appropriate.
The
materials
shall
include
information
regarding
all
of
the
following:
Sec.
204.
Section
136A.5B,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
An
attending
health
care
provider
shall
provide
to
a
pregnant
woman
during
the
first
trimester
of
the
pregnancy
the
informational
materials
published
under
this
section
.
The
center
for
congenital
and
inherited
disorders
department
shall
make
the
informational
materials
available
to
attending
health
care
providers
upon
request.
Sec.
205.
Section
136A.6,
Code
2023,
is
amended
to
read
as
follows:
136A.6
Central
registry.
The
center
for
congenital
and
inherited
disorders
department
shall
maintain
a
central
registry,
or
shall
establish
an
agreement
with
a
designated
contractor
to
maintain
a
central
registry,
to
compile,
evaluate,
retain,
and
disseminate
information
on
the
occurrence,
prevalence,
causes,
treatment,
and
prevention
of
congenital
disorders.
Congenital
disorders
shall
be
considered
reportable
conditions
in
accordance
with
rules
adopted
by
the
department
and
shall
be
abstracted
and
Senate
File
514,
p.
139
maintained
by
the
registry.
Sec.
206.
Section
136A.7,
Code
2023,
is
amended
to
read
as
follows:
136A.7
Confidentiality.
The
center
for
congenital
and
inherited
disorders
and
the
department
shall
maintain
the
confidentiality
of
any
identifying
information
collected,
used,
or
maintained
pursuant
to
this
chapter
in
accordance
with
section
22.7,
subsection
2
.
Sec.
207.
Section
136A.8,
Code
2023,
is
amended
to
read
as
follows:
136A.8
Rules.
The
center
for
congenital
and
inherited
disorders,
with
assistance
provided
by
the
Iowa
department
of
public
health,
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
chapter
.
Sec.
208.
Section
136B.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires,
“department”
means
the
Iowa
department
of
public
health
and
human
services
.
Sec.
209.
Section
136C.1,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
“Department”
means
the
Iowa
department
of
public
health
and
human
services
.
3.
“Director”
means
the
director
of
public
health
and
human
services
or
the
director’s
designee.
Sec.
210.
Section
136C.3,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Establish
minimum
training
standards
including
continuing
education
requirements,
and
administer
examinations
and
disciplinary
procedures
for
operators
of
radiation
machines
and
users
of
radioactive
materials.
A
state
of
Iowa
license
to
practice
medicine,
osteopathic
medicine,
chiropractic,
podiatry,
dentistry,
dental
hygiene,
or
veterinary
medicine,
or
licensure
as
a
physician
assistant
pursuant
to
chapter
148C
,
or
certification
by
the
dental
board
in
dental
radiography,
or
by
the
board
of
podiatry
in
podiatric
radiography,
or
enrollment
in
a
program
or
course
of
study
approved
by
the
Iowa
department
of
public
health
which
includes
the
application
of
radiation
to
Senate
File
514,
p.
140
humans
satisfies
the
minimum
training
standards
for
operation
of
radiation
machines
only.
Sec.
211.
Section
137.102,
Code
2023,
is
amended
to
read
as
follows:
137.102
Definitions.
As
used
in
this
chapter
unless
the
context
otherwise
requires:
1.
“City
board”
means
a
city
board
of
health
in
existence
prior
to
July
1,
2010.
2.
“City
health
department”
refers
to
the
personnel
and
property
under
the
jurisdiction
of
a
city
board
in
existence
prior
to
July
1,
2010.
3.
“Council”
means
a
city
the
council
on
health
and
human
services
.
4.
“County
board”
means
a
county
board
of
health.
5.
“County
health
department”
refers
to
the
personnel
and
property
under
the
jurisdiction
of
a
county
board.
6.
“Director”
means
the
director
of
public
health
and
human
services
.
7.
“District”
means
any
two
or
more
geographically
contiguous
counties.
8.
“District
board”
means
a
board
of
health
representing
at
least
two
geographically
contiguous
counties
formed
with
approval
of
the
state
department
in
accordance
with
this
chapter
,
or
any
district
board
of
health
in
existence
prior
to
July
1,
2010.
9.
“District
health
department”
refers
to
the
personnel
and
property
under
the
jurisdiction
of
a
district
board.
10.
“Local
board
of
health”
means
a
city,
county,
or
district
board
of
health.
11.
“Officers”
means
a
local
board
of
health
chairperson,
vice
chairperson,
and
secretary,
and
other
officers
which
may
be
named
at
the
discretion
of
the
local
board
of
health.
12.
“State
board”
means
the
state
board
of
health.
13.
12.
“State
department”
or
“department”
means
the
Iowa
department
of
public
health
and
human
services
.
Sec.
212.
Section
137.104,
subsection
1,
paragraph
b,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
141
Make
and
enforce
such
reasonable
rules
and
regulations
not
inconsistent
with
law
and
the
rules
of
the
state
board
council
as
may
be
necessary
for
the
protection
and
improvement
of
the
public
health.
Sec.
213.
Section
137.104,
subsection
1,
paragraph
b,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
Rules
of
a
city
board
shall
become
effective
upon
approval
by
the
city
council
and
publication
in
a
newspaper
having
general
circulation
in
the
city.
Sec.
214.
Section
137.104,
subsection
2,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
By
written
agreement
with
the
city
council
of
any
city
within
its
jurisdiction,
enforce
appropriate
ordinances
of
the
city
relating
to
public
health.
Sec.
215.
Section
137.105,
subsection
1,
paragraphs
a
and
f,
Code
2023,
are
amended
to
read
as
follows:
a.
All
members
of
a
city
board
shall
be
appointed
by
the
city
council.
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
state
board
council
or
the
applicable
jurisdiction.
Sec.
216.
Section
137.107,
Code
2023,
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
state
board
council
.
The
state
board
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.
Sec.
217.
Section
137.114,
Code
2023,
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,
Senate
File
514,
p.
142
information
specified
in
section
137.106
,
and
approval
of
the
request
by
the
district
board
and,
at
the
recommendation
of
the
state
department,
the
state
board
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.
218.
Section
137.119,
Code
2023,
is
amended
to
read
as
follows:
137.119
Adoption
of
rules.
The
state
board
of
health
council
shall
adopt
rules
to
implement
this
chapter
.
The
department
is
vested
with
discretionary
authority
to
interpret
the
provisions
of
this
chapter
.
Sec.
219.
Section
137F.1,
subsection
9,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
“Food
establishment”
means
an
operation
that
stores,
prepares,
packages,
serves,
vends,
or
otherwise
provides
food
for
human
consumption
and
includes
a
food
service
operation
in
a
salvage
or
distressed
food
operation,
school,
summer
camp,
residential
service
substance
abuse
use
disorder
treatment
facility,
halfway
house
substance
abuse
use
disorder
treatment
facility,
correctional
facility
operated
by
the
department
of
corrections,
or
the
state
training
school.
“Food
establishment”
does
not
include
the
following:
Sec.
220.
Section
139A.2,
Code
2023,
is
amended
to
read
as
follows:
139A.2
Definitions.
For
purposes
of
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Area
quarantine”
means
prohibiting
ingress
and
egress
to
and
from
a
building
or
buildings,
structure
or
structures,
or
other
definable
physical
location,
or
portion
thereof,
to
prevent
or
contain
the
spread
of
a
suspected
or
confirmed
quarantinable
disease
or
to
prevent
or
contain
exposure
to
a
suspected
or
known
chemical,
biological,
radioactive,
or
other
hazardous
or
toxic
agent.
Senate
File
514,
p.
143
2.
“Business”
means
and
includes
every
trade,
occupation,
or
profession.
3.
“Care
provider”
means
an
individual
who
is
trained
and
authorized
by
federal
or
state
law
to
provide
health
care
services
or
services
of
any
kind
in
the
course
of
the
individual’s
official
duties,
for
compensation
or
in
a
voluntary
capacity,
who
is
a
health
care
provider,
emergency
medical
care
provider
as
defined
in
section
147A.1
,
fire
fighter,
or
peace
officer.
“Care
provider”
also
means
an
individual
who
renders
emergency
care
or
assistance
in
an
emergency
or
due
to
an
accident
as
described
in
section
613.17
.
4.
“Communicable
disease”
means
any
disease
spread
from
person
to
person
or
animal
to
person.
5.
“Contagious
or
infectious
disease”
means
hepatitis
in
any
form,
meningococcal
disease,
AIDS
or
HIV
as
defined
in
section
141A.1
,
tuberculosis,
and
any
other
disease
determined
to
be
life-threatening
to
a
person
exposed
to
the
disease
as
established
by
rules
adopted
by
the
department,
based
upon
a
determination
by
the
state
epidemiologist
and
in
accordance
with
guidelines
of
the
centers
for
disease
control
and
prevention
of
the
United
States
department
of
health
and
human
services.
6.
“Department”
means
the
Iowa
department
of
public
health
and
human
services
.
7.
“Designated
officer”
means
a
person
who
is
designated
by
a
department,
agency,
division,
or
service
organization
to
act
as
an
infection
control
liaison
officer.
8.
“Director”
means
the
director
of
health
and
human
services.
8.
9.
“Exposure”
means
a
specific
eye,
mouth,
other
mucous
membrane,
nonintact
skin,
or
parenteral
contact
with
blood
or
other
potentially
infectious
bodily
fluids.
9.
10.
“Exposure-prone
procedure”
means
a
procedure
performed
by
a
health
care
provider
which
presents
a
recognized
risk
of
percutaneous
injury
to
the
health
care
provider
and
if
such
an
injury
occurs,
the
health
care
provider’s
blood
is
likely
to
contact
a
patient’s
body
cavity,
subcutaneous
tissues,
or
mucous
membranes,
or
an
exposure-prone
procedure
as
defined
by
the
centers
for
disease
control
and
prevention
of
the
Senate
File
514,
p.
144
United
States
department
of
health
and
human
services.
10.
11.
“HBV”
means
hepatitis
B
virus.
11.
12.
“Health
care
facility”
means
a
health
care
facility
as
defined
in
section
135C.1
,
an
ambulatory
surgical
center,
or
a
clinic.
12.
13.
“Health
care
provider”
means
a
person
licensed
to
practice
medicine
and
surgery,
osteopathic
medicine
and
surgery,
chiropractic,
podiatry,
nursing,
dentistry,
optometry,
or
as
a
physician
assistant,
dental
hygienist,
or
acupuncturist.
13.
14.
“HIV”
means
HIV
as
defined
in
section
141A.1
.
14.
15.
“Hospital”
means
hospital
as
defined
in
section
135B.1
.
15.
16.
“Isolation”
means
the
separation
of
persons
or
animals
presumably
or
actually
infected
with
a
communicable
disease
or
who
are
disease
carriers
for
the
usual
period
of
communicability
of
that
disease
in
such
places,
marked
by
placards
if
necessary,
and
under
such
conditions
as
will
prevent
the
direct
or
indirect
conveyance
of
the
infectious
agent
or
contagion
to
susceptible
persons.
16.
17.
“Local
board”
means
the
local
board
of
health.
17.
18.
“Local
department”
means
the
local
health
department.
18.
19.
“Placard”
means
a
warning
sign
to
be
erected
and
displayed
on
the
periphery
of
a
quarantine
area,
forbidding
entry
to
or
exit
from
the
area.
19.
20.
“Public
health
disaster”
means
public
health
disaster
as
defined
in
section
135.140
.
20.
21.
“Quarantinable
disease”
means
any
communicable
disease
designated
by
rule
adopted
by
the
department
as
requiring
quarantine
or
isolation
to
prevent
its
spread.
21.
22.
“Quarantine”
means
the
limitation
of
freedom
of
movement
of
persons
or
animals
that
have
been
exposed
to
a
quarantinable
disease
within
specified
limits
marked
by
placards
for
a
period
of
time
equal
to
the
longest
usual
incubation
period
of
the
disease
in
such
manner
as
to
prevent
the
spread
of
a
quarantinable
disease
which
affects
people.
22.
23.
“Reportable
disease”
means
any
disease
designated
by
rule
adopted
by
the
department
requiring
its
occurrence
to
be
Senate
File
514,
p.
145
reported
to
an
appropriate
authority.
23.
24.
“Sexually
transmitted
disease
or
infection”
means
a
disease
or
infection
as
identified
by
rules
adopted
by
the
department,
based
upon
a
determination
by
the
state
epidemiologist
and
in
accordance
with
guidelines
of
the
centers
for
disease
control
and
prevention
of
the
United
States
department
of
health
and
human
services.
24.
25.
“Significant
exposure”
means
a
situation
in
which
there
is
a
risk
of
contracting
disease
through
exposure
to
a
person’s
infectious
bodily
fluids
in
a
manner
capable
of
transmitting
an
infectious
agent
as
determined
by
the
centers
for
disease
control
and
prevention
of
the
United
States
department
of
health
and
human
services
and
adopted
by
rule
of
the
department.
25.
26.
“Terminal
cleaning”
means
cleaning
procedures
defined
in
the
isolation
guidelines
issued
by
the
centers
for
disease
control
and
prevention
of
the
United
States
department
of
health
and
human
services.
Sec.
221.
Section
139A.3,
subsection
3,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
Notwithstanding
paragraph
“b”
,
information
contained
in
the
report
may
be
reported
in
public
health
records
in
a
manner
which
prevents
the
identification
of
any
person
or
business
named
in
the
report.
If
information
contained
in
the
report
concerns
a
business,
information
disclosing
the
identity
of
the
business
may
be
released
to
the
public
when
the
state
epidemiologist
or
the
director
of
public
health
determines
such
a
release
of
information
necessary
for
the
protection
of
the
health
of
the
public.
Sec.
222.
Section
139A.8,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Subject
to
the
provision
of
subsection
4
,
the
state
board
of
council
on
health
and
human
services
may
modify
or
delete
any
of
the
immunizations
in
subsection
2
.
Sec.
223.
Section
139A.8,
subsection
4,
paragraph
b,
Code
2023,
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
state
board
of
council
on
health
and
human
services
and
as
declared
by
the
Senate
File
514,
p.
146
director
of
public
health
and
human
services
.
Sec.
224.
Section
139A.9,
Code
2023,
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
state
board
of
council
on
health
and
human
services
.
Sec.
225.
Section
141A.1,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
“Department”
means
the
Iowa
department
of
public
health
and
human
services
.
Sec.
226.
Section
141A.2,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
The
department,
with
the
approval
of
the
state
board
of
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.
227.
Section
141A.4,
subsection
1,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
All
persons
having
a
history
of
injecting
drug
abuse
use
disorder
.
Sec.
228.
Section
141A.9,
subsection
2,
paragraph
j,
Code
2023,
is
amended
to
read
as
follows:
j.
To
employees
of
state
correctional
institutions
subject
to
the
jurisdiction
of
the
department
of
corrections,
employees
of
secure
facilities
for
juveniles
subject
to
the
department
of
health
and
human
services,
and
employees
of
city
and
county
jails,
if
the
employees
have
direct
supervision
over
inmates
of
those
facilities
or
institutions
in
the
exercise
of
the
duties
prescribed
pursuant
to
section
80.9B
.
Sec.
229.
Section
142.1,
Code
2023,
is
amended
to
read
as
follows:
142.1
Delivery
of
bodies.
Senate
File
514,
p.
147
The
body
of
every
person
dying
in
a
public
asylum,
hospital,
county
care
facility,
penitentiary,
or
reformatory
in
this
state,
or
found
dead
within
the
state,
or
which
is
to
be
buried
at
public
expense
in
this
state,
except
those
buried
under
the
provisions
of
chapter
144C
or
249
,
and
which
is
suitable
for
scientific
purposes,
shall
be
delivered
to
the
medical
college
of
the
state
university,
or
some
osteopathic
or
chiropractic
college
or
school
located
in
this
state,
which
has
been
approved
under
the
law
regulating
the
practice
of
osteopathic
medicine
or
chiropractic;
but
no
such
body
shall
be
delivered
to
any
such
college
or
school
if
the
deceased
person
expressed
a
desire
during
the
person’s
last
illness
that
the
person’s
body
should
be
buried
or
cremated,
nor
if
such
is
the
desire
of
the
person’s
relatives.
Such
bodies
shall
be
equitably
distributed
among
said
colleges
and
schools
according
to
their
needs
for
teaching
anatomy
in
accordance
with
such
rules
as
may
be
adopted
by
the
Iowa
department
of
public
health
and
human
services
.
The
expense
of
transporting
said
bodies
to
such
college
or
school
shall
be
paid
by
the
college
or
school
receiving
the
same.
If
the
deceased
person
has
not
expressed
a
desire
during
the
person’s
last
illness
that
the
person’s
body
should
be
buried
or
cremated
and
no
person
authorized
to
control
the
deceased
person’s
remains
under
section
144C.5
requests
the
person’s
body
for
burial
or
cremation,
and
if
a
friend
objects
to
the
use
of
the
deceased
person’s
body
for
scientific
purposes,
said
deceased
person’s
body
shall
be
forthwith
delivered
to
such
friend
for
burial
or
cremation
at
no
expense
to
the
state
or
county.
Unless
such
friend
provides
for
burial
and
burial
expenses
within
five
days,
the
body
shall
be
used
for
scientific
purposes
under
this
chapter
.
Sec.
230.
Section
142.2,
Code
2023,
is
amended
to
read
as
follows:
142.2
Furnished
to
physicians.
When
there
are
more
dead
bodies
available
for
use
under
section
142.1
than
are
desired
by
said
colleges
or
schools,
the
same
may
be
delivered
to
physicians
in
the
state
for
scientific
study
under
such
rules
as
may
be
adopted
by
the
Iowa
department
of
public
health
and
human
services
.
Sec.
231.
Section
142.3,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
148
follows:
142.3
Notification
of
department.
Every
county
medical
examiner,
funeral
director
or
embalmer,
and
the
managing
officer
of
every
public
asylum,
hospital,
county
care
facility,
penitentiary,
or
reformatory,
as
soon
as
any
dead
body
shall
come
into
the
person’s
custody
which
may
be
used
for
scientific
purposes
as
provided
in
sections
142.1
and
142.2
,
shall
at
once
notify
the
nearest
relative
or
friend
of
the
deceased,
if
known,
and
the
Iowa
department
of
public
health
and
human
services
,
and
hold
such
body
unburied
for
forty-eight
hours.
Upon
receipt
of
notification,
the
department
shall
issue
verbal
or
written
instructions
relative
to
the
disposition
to
be
made
of
said
body.
Complete
jurisdiction
over
said
bodies
is
vested
exclusively
in
the
Iowa
department
of
public
health
and
human
services
.
No
autopsy
or
post
mortem,
except
as
are
legally
ordered
by
county
medical
examiners,
shall
be
performed
on
any
of
said
bodies
prior
to
their
delivery
to
the
medical
schools.
Sec.
232.
Section
142.9,
Code
2023,
is
amended
to
read
as
follows:
142.9
Failure
to
deliver
dead
body.
Any
person
having
the
custody
of
the
dead
body
of
any
human
being
which
is
required
to
be
delivered
for
scientific
purposes
by
this
chapter
,
who
shall
fail
to
notify
the
Iowa
department
of
public
health
and
human
services
of
the
existence
of
such
body,
or
fail
to
deliver
the
same
in
accordance
with
the
instructions
of
the
department,
shall
be
guilty
of
a
simple
misdemeanor.
Sec.
233.
Section
142A.2,
Code
2023,
is
amended
to
read
as
follows:
142A.2
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Administrator”
means
the
administrator
of
the
division
of
tobacco
use
prevention
and
control.
2.
1.
“Commission”
means
the
commission
on
tobacco
use
prevention
and
control
established
in
this
chapter
.
3.
2.
“Community
partnership”
means
a
public
agency
or
nonprofit
organization
implementing
the
tobacco
use
prevention
and
control
initiative
in
a
local
area
in
accordance
with
this
Senate
File
514,
p.
149
chapter
.
4.
3.
“Department”
means
the
Iowa
department
of
public
health
and
human
services
.
5.
4.
“Director”
means
the
director
of
public
health
and
human
services
.
6.
“Division”
means
the
division
of
tobacco
use
prevention
and
control
of
the
Iowa
department
of
public
health,
established
pursuant
to
this
chapter
.
7.
5.
“Initiative”
means
the
comprehensive
tobacco
use
prevention
and
control
initiative
established
in
this
chapter
.
8.
6.
“Manufacturer”
means
manufacturer
as
defined
in
section
453A.1
.
9.
7.
“Pregnant
woman”
means
a
female
of
any
age
who
is
pregnant.
10.
8.
“School-age
youth”
means
a
person
attending
school
in
kindergarten
through
grade
twelve.
11.
9.
“Tobacco”
means
both
cigarettes
and
tobacco
products
as
defined
in
section
453A.1
.
12.
10.
“Youth”
means
a
person
who
is
five
through
twenty-four
years
of
age.
Sec.
234.
Section
142A.3,
Code
2023,
is
amended
to
read
as
follows:
142A.3
Tobacco
use
prevention
and
control
——
division
——
commission
——
created.
1.
The
department
shall
establish,
as
a
separate
and
distinct
division
within
the
department,
a
division
of
tobacco
use
prevention
and
control.
The
division
shall
develop,
implement,
and
administer
the
initiative
established
in
this
chapter
and
shall
perform
other
duties
as
directed
by
this
chapter
or
as
assigned
by
the
director
of
public
health
.
2.
A
commission
on
tobacco
use
prevention
and
control
is
established
to
develop
policy,
provide
direction
for
the
initiative,
and
perform
all
other
duties
related
to
the
initiative
and
other
tobacco
use
prevention
and
control
activities
as
directed
by
this
chapter
or
referred
to
the
commission
by
the
director
of
public
health
.
3.
The
membership
of
the
commission
shall
include
the
following
voting
members
who
shall
serve
three-year,
staggered
terms:
Senate
File
514,
p.
150
a.
Members,
at
least
one
of
whom
is
a
member
of
a
racial
minority,
to
be
appointed
by
the
governor,
subject
to
confirmation
by
the
senate
pursuant
to
sections
2.32
and
69.19
,
and
consisting
of
the
following:
(1)
Three
members
who
are
active
with
nonprofit
health
organizations
that
emphasize
tobacco
use
prevention
or
who
are
active
as
health
services
providers,
at
the
local
level.
(2)
Three
members
who
are
active
with
health
promotion
activities
at
the
local
level
in
youth
education,
nonprofit
services,
or
other
activities
relating
to
tobacco
use
prevention
and
control.
b.
Three
voting
members,
to
be
selected
by
the
participants
in
the
annual
statewide
youth
summit
of
the
initiative’s
youth
program,
who
shall
not
be
subject
to
section
69.16
or
69.16A
.
However,
the
selection
process
shall
provide
for
diversity
among
the
members
and
at
least
one
of
the
youth
members
shall
be
a
female.
4.
The
commission
shall
also
include
the
following
ex
officio,
nonvoting
members:
a.
Four
members
of
the
general
assembly,
with
not
more
than
one
member
from
each
chamber
being
from
the
same
political
party.
The
majority
leader
of
the
senate
and
the
minority
leader
of
the
senate
shall
each
appoint
one
of
the
senate
members.
The
majority
leader
of
the
house
of
representatives
and
the
minority
leader
of
the
house
of
representatives
shall
each
appoint
one
of
the
house
members.
b.
The
presiding
officer
of
the
statewide
youth
executive
body,
selected
by
the
delegates
to
the
statewide
youth
summit.
5.
In
addition
to
the
members
of
the
commission,
the
following
agencies,
organizations,
and
persons
shall
each
assign
a
single
liaison
to
the
commission
to
provide
assistance
to
the
commission
in
the
discharge
of
the
commission’s
duties:
a.
The
department
of
education.
b.
The
drug
policy
coordinator
director
.
c.
The
department
of
justice,
office
of
the
attorney
general.
d.
The
department
of
human
services.
6.
Citizen
members
shall
be
reimbursed
for
actual
and
necessary
expenses
incurred
in
performance
of
their
duties.
Senate
File
514,
p.
151
Citizen
members
shall
be
paid
a
per
diem
as
specified
in
section
7E.6
.
Legislative
members
are
eligible
for
per
diem
and
expenses
as
provided
in
section
2.10
.
7.
A
member
of
the
commission
who
is
convicted
of
a
crime
relating
to
tobacco,
alcohol,
or
controlled
substances
is
subject
to
removal
from
the
commission.
8.
A
vacancy
on
the
commission
other
than
for
the
youth
members
shall
be
filled
in
the
same
manner
as
the
original
appointment
for
the
balance
of
the
unexpired
term.
A
youth
member
vacancy
shall
be
filled
by
the
presiding
officer
of
the
statewide
executive
body
as
selected
by
the
delegates
to
the
statewide
youth
summit.
9.
The
commission
shall
elect
a
chairperson
from
among
its
voting
members
and
may
select
other
officers
from
among
its
voting
members,
as
determined
necessary
by
the
commission.
The
commission
shall
meet
regularly
as
determined
by
the
commission,
upon
the
call
of
the
chairperson,
or
upon
the
call
of
a
majority
of
the
voting
members.
10.
The
commission
may
designate
an
advisory
council.
The
commission
shall
determine
the
membership
and
representation
of
the
advisory
council
and
members
of
the
council
shall
serve
at
the
pleasure
of
the
commission.
The
advisory
council
may
include
representatives
of
health
care
provider
groups,
parent
groups,
antitobacco
advocacy
programs
and
organizations,
research
and
evaluation
experts,
and
youth
organizers.
Sec.
235.
Section
142A.4,
Code
2023,
is
amended
to
read
as
follows:
142A.4
Commission
duties.
The
commission
shall
do
all
of
the
following:
1.
Develop
and
implement
the
comprehensive
tobacco
use
prevention
and
control
initiative
as
provided
in
this
chapter
.
2.
Provide
a
forum
for
the
discussion,
development,
and
recommendation
of
public
policy
alternatives
in
the
field
of
tobacco
use
prevention
and
control.
3.
Develop
an
educational
component
of
the
initiative.
Educational
efforts
provided
through
the
school
system
shall
be
developed
in
conjunction
with
the
department
of
education.
4.
Develop
a
plan
for
implementation
of
the
initiative
in
accordance
with
the
purpose
and
intent
specified
in
section
Senate
File
514,
p.
152
142A.1
.
5.
Provide
for
technical
assistance,
training,
and
other
support
under
the
initiative.
6.
Take
actions
to
develop
and
implement
a
statewide
system
for
the
initiative
programs
that
are
delivered
through
community
partnerships.
7.
Manage
and
coordinate
the
provision
of
funding
and
other
moneys
available
to
the
initiative
by
combining
all
or
portions
of
appropriations
or
other
revenues
as
authorized
by
law.
8.
Assist
with
the
linkage
of
the
initiative
with
child
welfare
and
juvenile
justice
decategorization
projects,
education
programming,
early
childhood
Iowa
areas,
and
other
programs
and
services
directed
to
youth
at
the
state
and
community
level.
9.
a.
Coordinate
and
respond
to
any
requests
from
a
community
partnership
relating
to
any
of
the
following:
(1)
Removal
of
barriers
to
community
partnership
efforts.
(2)
Pooling
and
redirecting
of
existing
federal,
state,
or
other
public
or
private
funds
available
for
purposes
that
are
consistent
with
the
initiative.
(3)
Seeking
of
federal
waivers
to
assist
community
partnership
efforts.
b.
In
coordinating
and
responding
to
the
requests,
the
commission
shall
work
with
state
agencies,
the
governor,
and
the
general
assembly
as
necessary
to
address
requests
deemed
appropriate
by
the
commission.
10.
Adopt
rules
pursuant
to
chapter
17A
as
necessary
for
the
designation,
governance,
and
oversight
of
the
initiative
and
the
implementation
of
this
chapter
.
The
commission
shall
provide
for
community
partnership
and
youth
program
input
in
the
rules
adoption
process.
The
rules
shall
include
but
are
not
limited
to
all
of
the
following:
a.
Performance
indicators
for
initiative
programs,
community
partnerships,
and
the
services
provided
under
the
auspices
of
community
partnerships.
The
performance
indicators
shall
be
developed
with
input
from
communities.
b.
Minimum
standards
to
further
the
provision
of
equal
access
to
services.
11.
Monitor
and
evaluate
the
effectiveness
of
performance
Senate
File
514,
p.
153
measures
utilized
under
the
initiative.
12.
Submit
a
report
to
the
governor
and
the
general
assembly
on
a
periodic
basis,
during
the
initial
year
of
operation,
and
on
an
annual
basis
thereafter,
regarding
the
initiative,
including
demonstrated
progress
based
on
performance
indicators.
The
commission
shall
report
more
frequently
if
requested
by
the
joint
appropriations
subcommittee
that
makes
recommendations
concerning
the
commission’s
budget.
Beginning
July
1,
2005,
the
commission
shall
also
perform
a
comprehensive
review
of
the
initiative
and
shall
submit
a
report
of
its
findings
to
the
governor
and
the
general
assembly
on
or
before
December
15,
2005.
13.
Represented
by
the
chairperson
of
the
commission,
annually
appear
before
the
joint
appropriations
subcommittee
that
makes
recommendations
concerning
the
commission’s
budget
to
report
on
budget
expenditures
and
division
department
operations
relative
to
the
prior
fiscal
year
and
the
current
fiscal
year.
14.
Advise
the
director
in
evaluating
potential
candidates
for
the
position
of
administrator,
consult
with
the
director
in
the
hiring
of
the
administrator,
and
review
and
advise
the
director
on
the
performance
of
the
administrator
in
the
discharge
of
the
administrator’s
duties.
15.
14.
Prioritize
funding
needs
and
the
allocation
of
moneys
appropriated
and
other
resources
available
for
the
programs
and
activities
of
the
initiative.
16.
15.
Review
fiscal
needs
of
the
initiative
and
make
recommendations
to
the
director
in
the
development
of
budget
requests.
17.
16.
Solicit
and
accept
any
gift
of
money
or
property,
including
any
grant
of
money,
services,
or
property
from
the
federal
government,
the
state,
a
political
subdivision,
or
a
private
source
that
is
consistent
with
the
goals
of
the
initiative.
The
commission
shall
adopt
rules
prohibiting
the
acceptance
of
gifts
from
a
manufacturer
of
tobacco
products.
18.
17.
Advise
and
make
recommendations
to
the
governor,
the
general
assembly,
and
the
director
,
and
the
administrator
,
relative
to
tobacco
use,
treatment,
intervention,
prevention,
control,
and
education
programs
in
the
state.
Senate
File
514,
p.
154
19.
18.
Evaluate
the
work
of
the
division
and
the
department
relating
to
the
initiative.
For
this
purpose,
the
commission
shall
have
access
to
any
relevant
department
records
and
documents,
and
other
information
reasonably
obtainable
by
the
department.
20.
19.
Develop
the
structure
for
the
statewide
youth
summit
to
be
held
annually.
21.
20.
Approve
the
content
of
any
materials
distributed
by
the
youth
program
pursuant
to
section
142A.9
,
prior
to
distribution
of
the
materials.
Sec.
236.
Section
142A.5,
Code
2023,
is
amended
to
read
as
follows:
142A.5
Director
and
administrator
Department
duties.
1.
The
director
department
shall
do
all
of
the
following:
a.
Establish
and
maintain
the
division
of
tobacco
use
prevention
and
control.
b.
Employ
a
separate
division
administrator,
in
accordance
with
the
requirements
of
section
142A.4,
subsection
14
,
in
a
full-time
equivalent
position
whose
sole
responsibility
and
duty
shall
be
the
administration
and
oversight
of
the
division.
The
division
administrator
shall
report
to
and
shall
serve
at
the
pleasure
of
the
director.
The
administrator
shall
be
exempt
from
the
merit
system
provisions
of
chapter
8A,
subchapter
IV
.
c.
1.
Coordinate
all
tobacco
use
prevention
and
control
programs
and
activities
under
the
purview
of
the
department.
d.
2.
Receive
and
review
budget
recommendations
from
the
commission.
The
director
shall
consider
these
recommendations
in
developing
the
budget
request
for
the
department.
2.
The
administrator
shall
do
all
of
the
following:
a.
3.
Implement
the
initiative,
coordinate
the
activities
of
the
commission
and
the
initiative,
and
coordinate
other
tobacco
use
prevention
and
control
activities
as
assigned
by
the
director
.
b.
4.
Monitor
and
evaluate
the
effectiveness
of
performance
measures.
c.
5.
Provide
staff
and
administrative
support
to
the
commission.
d.
6.
Administer
contracts
entered
into
under
this
chapter
.
e.
7.
Coordinate
and
cooperate
with
other
tobacco
use
Senate
File
514,
p.
155
prevention
and
control
programs
within
and
outside
of
the
state.
f.
8.
Provide
necessary
information
to
the
commission
to
assist
the
commission
in
making
its
annual
report
to
the
joint
appropriations
subcommittee
pursuant
to
section
142A.4,
subsection
13,
and
in
fulfilling
other
commission
duties
pursuant
to
section
142A.4
.
Sec.
237.
Section
142A.6,
subsections
1
and
4,
Code
2023,
are
amended
to
read
as
follows:
1.
A
comprehensive
tobacco
use
prevention
and
control
initiative
is
established.
The
division
department
shall
implement
the
initiative
as
provided
in
this
chapter
.
4.
The
division
department
shall
implement
the
initiative
in
a
manner
that
ensures
that
youth
are
extensively
involved
in
the
decision
making
for
the
programs
implemented
under
the
initiative.
The
initiative
shall
also
involve
parents,
schools,
and
community
members
in
activities
to
achieve
the
results
desired
for
the
initiative.
The
division
department
shall
encourage
collaboration
at
the
state
and
local
levels
to
maximize
available
resources
and
to
provide
flexibility
to
support
community
efforts.
Sec.
238.
Section
142C.15,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
An
anatomical
gift
public
awareness
and
transplantation
fund
is
created
as
a
separate
fund
in
the
state
treasury
under
the
control
of
the
Iowa
department
of
public
health
and
human
services
.
The
fund
shall
consist
of
moneys
remitted
by
the
county
treasurer
of
a
county
or
by
the
department
of
transportation
which
were
collected
through
the
payment
of
a
contribution
made
by
an
applicant
for
registration
of
a
motor
vehicle
pursuant
to
section
321.44A
and
any
other
contributions
to
the
fund.
2.
The
moneys
collected
under
this
section
and
deposited
in
the
fund
are
appropriated
to
the
Iowa
department
of
public
health
and
human
services
for
the
purposes
specified
in
this
section
.
Moneys
in
the
fund
shall
not
be
subject
to
appropriation
or
expenditure
for
any
other
purpose.
Sec.
239.
Section
142C.15,
subsection
4,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
Iowa
department
of
public
health
and
human
services
may
Senate
File
514,
p.
156
use
not
more
than
five
percent
of
the
moneys
in
the
fund
for
administrative
costs.
The
remaining
moneys
in
the
fund
may
be
expended
through
grants
to
any
of
the
following
persons,
subject
to
the
following
conditions:
Sec.
240.
Section
142C.17,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
Iowa
department
of
public
health
and
human
services
,
in
conjunction
with
any
statewide
organ
procurement
organization
in
Iowa,
shall
prepare
and
submit
a
report
to
the
general
assembly
on
or
before
January
1
each
year
regarding
organ
donation
rates
and
voluntary
compliance
efforts
with
hospital
organ
and
tissue
donation
protocols
by
physicians,
hospitals,
and
other
health
systems
organizations.
The
report
shall
contain
the
following:
Sec.
241.
Section
142C.18,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
director
department
of
public
health
and
human
services
shall
contract
with
and
recognize
the
Iowa
donor
registry
for
the
purpose
of
indicating
on
the
donor
registry
all
relevant
information
regarding
a
donor’s
making
or
amending
of
an
anatomical
gift.
Sec.
242.
Section
142D.2,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3A.
“Department”
means
the
department
of
health
and
human
services.
Sec.
243.
Section
142D.6,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
owner,
operator,
manager,
or
other
person
having
custody
or
control
of
a
public
place,
place
of
employment,
area
declared
a
nonsmoking
place
pursuant
to
section
142D.5
,
or
outdoor
area
where
smoking
is
prohibited
under
this
chapter
shall
clearly
and
conspicuously
post
in
and
at
every
entrance
to
the
public
place,
place
of
employment,
area
declared
a
nonsmoking
place
pursuant
to
section
142D.5
,
or
outdoor
area,
“no
smoking”
signs
or
the
international
“no
smoking”
symbol.
Additionally,
a
“no
smoking”
sign
or
the
international
“no
smoking”
symbol
shall
be
placed
in
every
vehicle
that
constitutes
a
public
place,
place
of
employment,
or
area
declared
a
nonsmoking
place
pursuant
to
section
142D.5
Senate
File
514,
p.
157
under
this
chapter
,
visible
from
the
exterior
of
the
vehicle.
All
signs
shall
contain
the
telephone
number
for
reporting
complaints
and
the
internet
site
of
the
department
of
public
health
.
The
owner,
operator,
manager,
or
other
person
having
custody
or
control
of
the
public
place,
place
of
employment,
area
declared
a
nonsmoking
place
pursuant
to
section
142D.5
,
or
outdoor
area
may
use
the
sample
signs
provided
on
the
department
of
public
health’s
department’s
internet
site,
or
may
use
another
sign
if
the
contents
of
the
sign
comply
with
the
requirements
of
this
subsection
.
Sec.
244.
Section
142D.8,
Code
2023,
is
amended
to
read
as
follows:
142D.8
Enforcement.
1.
This
chapter
shall
be
enforced
by
the
department
of
public
health
or
the
department’s
designee.
The
department
of
public
health
shall
adopt
rules
to
administer
this
chapter
,
including
rules
regarding
enforcement.
The
department
of
public
health
shall
provide
information
regarding
the
provisions
of
this
chapter
and
related
compliance
issues
to
employers,
owners,
operators,
managers,
and
other
persons
having
custody
or
control
of
a
public
place,
place
of
employment,
area
declared
a
nonsmoking
place
pursuant
to
section
142D.5
,
or
outdoor
area
where
smoking
is
prohibited,
and
the
general
public
via
the
department’s
internet
site.
The
internet
site
shall
include
sample
signage
and
the
telephone
number
for
reporting
complaints.
Judicial
magistrates
shall
hear
and
determine
violations
of
this
chapter
.
2.
If
a
public
place
is
subject
to
any
state
or
political
subdivision
inspection
process
or
is
under
contract
with
the
state
or
a
political
subdivision,
the
person
performing
the
inspection
shall
assess
compliance
with
the
requirements
of
this
chapter
and
shall
report
any
violations
to
the
department
of
public
health
or
the
department’s
designee.
3.
An
owner,
operator,
manager,
or
other
person
having
custody
or
control
of
a
public
place,
place
of
employment,
area
declared
a
nonsmoking
place
pursuant
to
section
142D.5
,
or
outdoor
area
regulated
under
this
chapter
shall
inform
persons
violating
this
chapter
of
the
provisions
of
this
chapter
.
4.
An
employee
or
private
citizen
may
bring
a
legal
action
Senate
File
514,
p.
158
to
enforce
this
chapter
.
Any
person
may
register
a
complaint
under
this
chapter
by
filing
a
complaint
with
the
department
of
public
health
or
the
department’s
designee.
5.
In
addition
to
the
remedies
provided
in
this
section
,
the
department
of
public
health
or
the
department’s
designee
or
any
other
person
aggrieved
by
the
failure
of
the
owner,
operator,
manager,
or
other
person
having
custody
or
control
of
a
public
place,
place
of
employment,
area
declared
a
nonsmoking
place
pursuant
to
section
142D.5
,
or
outdoor
area
regulated
by
this
chapter
to
comply
with
this
chapter
may
seek
injunctive
relief
to
enforce
this
chapter
.
Sec.
245.
Section
142D.9,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
Violation
of
this
chapter
constitutes
a
public
nuisance
which
may
be
abated
by
the
department
of
public
health
or
the
department’s
designee
by
restraining
order,
preliminary
or
permanent
injunction,
or
other
means
provided
by
law,
and
the
entity
abating
the
public
nuisance
may
take
action
to
recover
the
costs
of
such
abatement.
Sec.
246.
Section
144.1,
Code
2023,
is
amended
to
read
as
follows:
144.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Board”
means
the
state
board
of
health.
2.
“Book”
,
“list”
,
“record”
,
or
“schedule”
kept
by
a
county
auditor,
assessor,
treasurer,
recorder,
sheriff,
or
other
county
officer
means
the
county
system
as
defined
in
section
445.1
.
3.
1.
“Court
of
competent
jurisdiction”
when
used
to
refer
to
inspection
of
an
original
certificate
of
birth
based
upon
an
adoption
means
the
court
where
the
adoption
was
ordered.
4.
2.
“Cremated
remains”
means
all
the
remains
of
the
cremated
human
body
recovered
after
the
completion
of
the
cremation
process,
including
pulverization
which
leaves
only
bone
fragments
reduced
to
unidentifiable
dimensions,
and
may
include
the
residue
of
any
foreign
matter
including
casket
material,
bridgework,
or
eyeglasses
that
were
cremated
with
the
human
remains.
Senate
File
514,
p.
159
5.
3.
“Cremation”
means
the
technical
process,
using
heat
and
flame,
that
reduces
human
remains
to
bone
fragments,
with
the
reduction
taking
place
through
heat
and
evaporation.
Cremation
shall
include
the
processing,
and
may
include
the
pulverization,
of
the
bone
fragments.
6.
4.
“Dead
body”
means
a
lifeless
human
body
or
parts
or
bones
of
a
body,
if,
from
the
state
of
the
body,
parts,
or
bones,
it
may
reasonably
be
concluded
that
death
recently
occurred.
7.
5.
“Department”
means
the
Iowa
department
of
public
health
and
human
services
.
8.
“Division”
means
a
division,
within
the
department,
for
records
and
statistics.
9.
6.
“Fetal
death”
means
death
prior
to
the
complete
expulsion
or
extraction
from
its
mother
of
a
product
of
human
conception,
irrespective
of
the
duration
of
pregnancy.
Death
is
indicated
by
the
fact
that
after
expulsion
or
extraction
the
fetus
does
not
breathe
or
show
any
other
evidence
of
life
such
as
beating
of
the
heart,
pulsation
of
the
umbilical
cord,
or
definite
movement
of
voluntary
muscles.
In
determining
a
fetal
death,
heartbeats
shall
be
distinguished
from
transient
cardiac
contractions,
and
respirations
shall
be
distinguished
from
fleeting
respiratory
efforts
or
gasps.
10.
7.
“Filing”
means
the
presentation
of
a
certificate,
report,
or
other
record,
provided
for
in
this
chapter
,
of
a
birth,
death,
fetal
death,
adoption,
marriage,
dissolution,
or
annulment
for
registration
by
the
division
department
.
11.
8.
“Final
disposition”
means
the
burial,
interment,
cremation,
removal
from
the
state,
or
other
disposition
of
a
dead
body
or
fetus.
12.
9.
“Institution”
means
any
establishment,
public
or
private,
which
provides
inpatient
medical,
surgical,
or
diagnostic
care
or
treatment,
or
nursing,
custodial,
or
domiciliary
care
to
two
or
more
unrelated
individuals,
or
to
which
persons
are
committed
by
law.
13.
10.
“Live
birth”
means
the
complete
expulsion
or
extraction
from
its
mother
of
a
product
of
human
conception,
irrespective
of
the
duration
of
pregnancy,
which,
after
such
expulsion
or
extraction,
breathes
or
shows
any
other
evidence
of
Senate
File
514,
p.
160
life
such
as
beating
of
the
heart,
pulsation
of
the
umbilical
cord,
or
definite
movement
of
voluntary
muscles,
whether
or
not
the
umbilical
cord
has
been
cut
or
the
placenta
is
attached.
In
determining
a
live
birth,
heartbeats
shall
be
distinguished
from
transient
cardiac
contractions,
and
respirations
shall
be
distinguished
from
fleeting
respiratory
efforts
or
gasps.
11.
“Record”
kept
by
a
county
auditor,
assessor,
treasurer,
recorder,
sheriff,
or
other
county
officer
means
the
county
system
as
defined
in
section
445.1.
14.
12.
“Registration”
means
the
process
by
which
vital
statistic
records
are
completed,
filed,
and
incorporated
by
the
division
department
in
the
division’s
department’s
official
records.
15.
13.
“State
registrar”
means
the
state
registrar
of
vital
statistics.
16.
14.
“System
of
vital
statistics”
includes
the
registration,
collection,
preservation,
amendment,
and
certification
of
vital
statistics
records,
and
activities
and
records
related
thereto
to
the
records
including
the
data
processing,
analysis,
and
publication
of
statistical
data
derived
from
such
records.
17.
15.
“Vital
statistics”
means
records
of
births,
deaths,
fetal
deaths,
adoptions,
marriages,
dissolutions,
annulments,
and
data
related
thereto
to
the
records
.
Sec.
247.
Section
144.2,
Code
2023,
is
amended
to
read
as
follows:
144.2
Division
of
records
Records
and
statistics.
There
is
established
in
the
The
department
a
division
for
records
and
statistics
which
shall
install,
maintain,
and
operate
the
system
of
vital
statistics
throughout
the
state.
No
system
for
the
registration
of
births,
deaths,
fetal
deaths,
adoptions,
marriages,
dissolutions,
and
annulments,
shall
be
maintained
in
the
state
or
any
of
its
political
subdivisions
other
than
the
one
provided
for
in
this
chapter
.
Suitable
quarters
shall
be
provided
for
the
division
department
by
the
executive
council
at
the
seat
of
government.
The
quarters
shall
be
properly
equipped
for
the
permanent
and
safe
preservation
of
all
official
records
made
and
returned
under
this
chapter
.
Sec.
248.
Section
144.4,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
161
follows:
144.4
Registrar
State
registrar
.
The
director
of
public
health
or
the
director’s
designee
shall
be
the
state
registrar
of
vital
statistics
and
shall
carry
out
the
provisions
of
this
chapter
.
Sec.
249.
Section
144.5,
Code
2023,
is
amended
to
read
as
follows:
144.5
Duties
of
state
registrar.
The
state
registrar
shall
do
all
of
the
following
:
1.
Administer
and
enforce
this
chapter
and
the
rules
issued
under
this
chapter
,
and
issue
instructions
for
the
efficient
administration
of
the
statewide
system
of
vital
statistics
and
the
division
for
records
and
statistics
.
2.
Direct
and
supervise
the
statewide
system
of
vital
statistics
and
the
division
for
records
and
statistics
and
be
custodian
of
its
records.
3.
Direct,
supervise,
and
control
the
activities
of
clerks
of
the
district
court
and
county
recorders
related
to
the
operation
of
the
vital
statistics
system
and
provide
registrars
with
necessary
postage.
4.
Prescribe,
print,
and
distribute
the
forms
required
by
this
chapter
and
prescribe
any
other
means
for
transmission
of
data,
as
necessary
to
accomplish
complete,
accurate
reporting.
5.
Prepare
and
publish
annual
reports
of
vital
statistics
of
this
state
and
other
reports
as
may
be
required.
6.
Delegate
functions
and
duties
vested
in
the
state
registrar
to
officers,
to
employees
of
the
department,
to
the
clerks
of
the
district
court,
and
to
the
county
registrars
as
the
state
registrar
deems
necessary
or
expedient.
7.
Provide,
by
rules,
for
appropriate
morbidity
reporting.
Sec.
250.
Section
144.12A,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
department
shall,
upon
request,
provide
the
name,
address,
social
security
number,
and
any
other
identifying
information
of
a
registrant
to
the
biological
mother
of
the
child;
a
court;
the
department
of
human
services;
the
attorney
of
any
party
to
an
adoption,
termination
of
parental
rights,
or
establishment
of
paternity
or
support
action;
or
to
the
child
support
recovery
unit
services
for
an
action
to
Senate
File
514,
p.
162
establish
paternity
or
support
;
or
any
other
subunit
of
the
department
subject
to
prior
approval
by
the
state
registrar
.
The
information
shall
not
be
divulged
to
any
other
person
and
shall
be
considered
a
confidential
record
as
to
any
other
person,
except
upon
order
of
the
court
for
good
cause
shown.
If
the
registry
has
not
received
a
declaration
of
paternity,
the
department
shall
provide
a
written
statement
to
that
effect
to
the
person
making
the
inquiry.
Sec.
251.
Section
144.13,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
division
state
registrar
shall
make
all
of
the
following
available
to
the
child
support
recovery
unit
services
,
upon
request:
a.
A
copy
of
a
child’s
birth
certificate.
b.
The
social
security
numbers
of
the
mother
and
the
father.
c.
A
copy
of
the
affidavit
of
paternity
if
filed
pursuant
to
section
252A.3A
and
any
subsequent
rescission
form
which
rescinds
the
affidavit.
d.
Information,
other
than
information
for
medical
and
health
use
only,
identified
on
a
child’s
birth
certificate
or
on
an
affidavit
of
paternity
filed
pursuant
to
section
252A.3A
.
The
information
may
be
provided
as
mutually
agreed
upon
by
the
division
state
registrar
and
the
child
support
recovery
unit
services
,
including
by
automated
exchange.
Sec.
252.
Section
144.13A,
subsection
5,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Ten
dollars
of
each
registration
fee
is
appropriated
and
shall
be
used
for
primary
and
secondary
child
abuse
prevention
programs
pursuant
to
section
235A.1
,
and
ten
dollars
of
each
registration
fee
is
appropriated
and
shall
be
used
for
the
center
for
congenital
and
inherited
disorders
central
registry
established
pursuant
to
section
136A.6
.
Notwithstanding
section
8.33
,
moneys
appropriated
in
this
paragraph
that
remain
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
expenditure
for
the
purposes
designated
until
the
close
of
the
succeeding
fiscal
year,
and
shall
not
be
transferred,
used,
obligated,
appropriated,
or
otherwise
encumbered
except
as
provided
in
this
paragraph.
Senate
File
514,
p.
163
Sec.
253.
Section
144.26,
Code
2023,
is
amended
to
read
as
follows:
144.26
Death
certificate.
1.
a.
A
death
certificate
for
each
death
which
occurs
in
this
state
shall
be
filed
as
directed
by
the
state
registrar
within
three
days
after
the
death
and
prior
to
final
disposition,
and
shall
be
registered
by
the
county
registrar
if
it
has
been
completed
and
filed
in
accordance
with
this
chapter
.
A
death
certificate
shall
include
the
social
security
number,
if
provided,
of
the
deceased
person.
All
information
including
the
certifying
physician’s,
physician
assistant’s,
or
advanced
registered
nurse
practitioner’s
name
shall
be
typewritten.
b.
A
physician
assistant
or
an
advanced
registered
nurse
practitioner
authorized
to
sign
a
death
certificate
shall
be
licensed
in
this
state
and
shall
have
been
in
charge
of
the
deceased
patient’s
care.
2.
All
information
included
on
a
death
certificate
may
be
provided
as
mutually
agreed
upon
by
the
division
state
registrar
and
the
child
support
recovery
unit
services
,
including
by
automated
exchange.
3.
a.
The
county
in
which
a
dead
body
is
found
is
the
county
of
death.
If
death
occurs
in
a
moving
conveyance,
the
county
in
which
the
dead
body
is
first
removed
from
the
conveyance
is
the
county
of
death.
b.
If
a
decedent
died
outside
of
the
county
of
the
decedent’s
residence,
the
state
registrar
shall
send
a
copy
of
the
decedent’s
death
certificate
and
any
amendments
to
the
county
registrar
of
the
county
of
the
decedent’s
residence.
The
county
registrar
shall
record
a
death
certificate
received
pursuant
to
this
paragraph
in
the
same
records
in
which
the
death
certificate
of
a
decedent
who
died
within
the
county
is
recorded.
The
state
registrar
may
provide
the
county
registrars
with
electronic
access
to
vital
records
in
lieu
of
the
requirements
of
this
paragraph.
4.
a.
The
department
shall
establish
by
rule
procedures
for
making
a
finding
of
presumption
of
death
when
no
body
can
be
found.
The
department
shall
also
provide
by
rule
the
responsibility
for
completing
and
signing
the
medical
certification
of
cause
of
death
in
such
circumstances.
The
Senate
File
514,
p.
164
presumptive
death
certificate
shall
be
in
a
form
prescribed
by
the
state
registrar
and
filed
in
the
county
where
the
death
was
presumed
to
occur.
b.
The
division
department
shall
provide
for
the
correction,
substitution,
or
removal
of
a
presumptive
death
certificate
when
the
body
of
the
person
is
later
found,
additional
facts
are
discovered,
or
the
person
is
discovered
to
be
alive.
5.
Upon
the
activation
of
an
electronic
death
record
system,
each
person
with
a
duty
related
to
death
certificates
shall
participate
in
the
electronic
death
record
system.
A
person
with
a
duty
related
to
a
death
certificate
includes
but
is
not
limited
to
a
physician
as
defined
in
section
135.1
,
a
physician
assistant,
an
advanced
registered
nurse
practitioner,
a
funeral
director,
and
a
county
recorder.
Sec.
254.
Section
144.29A,
subsection
1,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
The
maternal
health
services
region
of
the
Iowa
department
of
public
health
and
human
services
,
as
designated
as
of
July
1,
1997,
in
which
the
patient
resides.
Sec.
255.
Section
144.36,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
certificate
recording
each
marriage
performed
in
this
state
shall
be
filed
with
the
state
registrar.
The
county
registrar
shall
prepare
the
certificate
on
the
form
furnished
by
the
state
registrar
upon
the
basis
of
information
obtained
from
the
parties
to
be
married,
who
shall
attest
to
the
information
by
their
signatures.
The
county
registrar
in
each
county
shall
keep
a
record
book
for
marriages
of
marriage
certificates
as
required
by
the
state
registrar
.
The
form
of
marriage
record
books
shall
be
uniform
throughout
the
state.
A
properly
indexed
permanent
record
of
marriage
certificates
upon
microfilm,
electronic
computer,
or
data
processing
equipment
may
be
kept
in
lieu
of
marriage
record
books.
Sec.
256.
Section
144.37,
Code
2023,
is
amended
to
read
as
follows:
144.37
Dissolution
and
annulment
records.
1.
For
each
dissolution
or
annulment
of
marriage
granted
by
any
court
in
this
state,
a
record
shall
be
prepared
by
the
clerk
of
court
or
by
the
petitioner
or
the
petitioner’s
legal
Senate
File
514,
p.
165
representative
if
directed
by
the
clerk
and
filed
by
the
clerk
of
court
with
the
state
registrar.
The
information
necessary
to
prepare
the
report
record
shall
be
furnished
with
the
petition,
to
the
clerk
of
court
by
the
petitioner
or
the
petitioner’s
legal
representative,
on
forms
supplied
by
the
state
registrar.
2.
The
clerk
of
the
district
court
in
each
county
shall
keep
a
record
book
for
maintain
the
records
of
dissolutions
and
annulments
of
marriage
as
required
by
the
state
registrar
.
The
form
of
dissolution
record
books
shall
be
uniform
throughout
the
state.
A
properly
indexed
record
of
dissolutions
upon
microfilm,
electronic
computer,
or
data
processing
equipment
may
be
kept
in
lieu
of
dissolution
record
books.
3.
On
or
before
the
tenth
day
of
each
calendar
month,
the
clerk
of
court
shall
forward
to
the
state
registrar
the
record
of
each
dissolution
and
annulment
granted
during
the
preceding
calendar
month
and
related
reports
required
by
regulations
issued
under
this
chapter
.
Sec.
257.
Section
144.43,
subsection
3,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
following
vital
statistics
records
in
the
custody
of
the
state
archivist
may
be
inspected
and
copied
as
of
right
under
chapter
22
:
(1)
A
record
of
birth
that
if
the
record
is
at
least
seventy-five
years
old
or
upon
proof
of
entitlement
to
the
record
.
(2)
A
record
of
marriage
that
if
the
record
is
at
least
seventy-five
years
old
or
upon
proof
of
entitlement
to
the
record
.
(3)
A
record
of
divorce,
dissolution
of
marriage,
or
annulment
of
marriage
that
if
the
record
is
at
least
seventy-five
years
old
or
upon
proof
of
entitlement
to
the
record
.
(4)
A
record
of
death
or
fetal
death,
either
of
which
if
the
record
is
at
least
fifty
years
old
or
upon
proof
of
entitlement
to
the
record
.
Sec.
258.
Section
144A.2,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
“Department”
means
the
Iowa
department
of
public
health
and
human
services
.
Senate
File
514,
p.
166
Sec.
259.
Section
144D.1,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Department”
means
the
department
of
public
health
and
human
services
.
Sec.
260.
Section
146A.1,
subsection
1,
paragraph
d,
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
That
the
woman
has
been
provided
information
regarding
all
of
the
following,
based
upon
the
materials
developed
by
the
department
of
public
health
and
human
services
pursuant
to
subparagraph
(2):
Sec.
261.
Section
146A.1,
subsection
1,
paragraph
d,
subparagraph
(2),
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
of
public
health
and
human
services
shall
make
available
to
physicians,
upon
request,
all
of
the
following
information:
Sec.
262.
Section
146B.1,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
“Department”
means
the
department
of
public
health
and
human
services
.
Sec.
263.
Section
147.77,
Code
2023,
is
amended
to
read
as
follows:
147.77
Powers,
privileges,
rights,
or
duties
provided
by
rule
——
applicability
to
physician
assistants.
1.
The
following
agencies
that
adopt
rules
pursuant
to
chapter
17A
providing
a
power,
privilege,
right,
or
duty
to
a
physician
licensed
under
chapter
148
or
other
profession
licensed
under
this
subtitle
relating
to
the
following
subjects
shall,
consistent
with
the
scope
of
practice
of
physician
assistants
licensed
under
chapter
148C
,
and
unless
otherwise
inconsistent
with
state
or
federal
law,
provide
the
same
power,
privilege,
right,
or
duty
by
rule
to
a
physician
assistant
licensed
under
chapter
148C
:
a.
The
department
of
administrative
services,
with
respect
to
rules
relating
to
the
following:
(1)
Retroactive
conversion
of
vacation
time
to
sick
leave
for
vacation
time
spent
under
the
care
of
a
physician.
(2)
Certification
of
a
catastrophic
illness
by
a
physician
Senate
File
514,
p.
167
for
purposes
of
donation
of
leave
and
second
medical
opinions
and
updates
sought
from
a
physician
relating
to
such
certifications.
b.
The
department
on
aging,
with
respect
to
rules
relating
to
a
written
order
from
a
physician
for
an
older
individual
requesting
a
therapeutic
diet,
and
the
interpretation
of
such
orders.
c.
b.
The
department
of
corrections,
with
respect
to
rules
relating
to
the
following:
(1)
That
a
parolee
shall
not
use,
purchase,
possess,
or
transfer
any
drugs
unless
prescribed
by
a
physician.
(2)
That
a
serious
medical
need
is
one
that
has
been
diagnosed
by
a
physician
as
requiring
treatment
or
is
one
so
obvious
that
a
lay
person
would
easily
recognize
the
necessity
for
a
physician’s
attention.
(3)
That
each
jail
shall
have
a
designated
licensed
physician,
licensed
osteopathic
physician,
or
medical
resource
designated
for
the
medical
supervision,
care,
and
treatment
of
prisoners
as
deemed
necessary
and
appropriate.
(4)
That
prescription
medication,
as
ordered
by
a
licensed
physician,
licensed
osteopathic
physician,
or
licensed
dentist
shall
be
provided
in
accordance
with
the
directions
of
the
prescribing
physician
or
dentist.
Prisoners
with
medication
from
a
personal
physician,
osteopathic
physician,
or
dentist
may
be
evaluated
by
a
physician,
osteopathic
physician,
or
dentist
selected
by
the
jail
administrator
to
determine
if
the
present
medication
is
appropriate.
(5)
That
expired
drugs
or
drugs
not
in
unit
dose
packaging,
whose
administration
had
been
discontinued
by
the
attending
physician,
shall
be
destroyed
by
the
jail
administrator
or
designee
in
the
presence
of
a
witness.
(6)
That
special
diets
in
jails
prescribed
by
a
physician
shall
be
followed
and
documented,
that
the
physician
who
prescribes
the
special
diet
shall
specify
a
date
on
which
the
diet
will
be
reviewed
for
renewal
or
discontinuation,
and
that
unless
specified
by
the
prescribing
physician,
a
certified
dietitian
shall
develop
the
menu.
(7)
That
special
diets
prescribed
by
a
physician
for
the
care
and
treatment
of
juveniles
in
nonsecure
hold
shall
be
Senate
File
514,
p.
168
followed
and
documented.
(8)
For
medical
services
in
temporary
holding
facilities,
that
a
serious
medical
need
is
one
that
has
been
diagnosed
by
a
physician
as
requiring
treatment
or
one
that
is
so
obvious
that
a
lay
person
would
easily
recognize
the
necessity
for
a
physician’s
attention.
(9)
For
medical
resources
in
temporary
holding
facilities,
that
each
facility
shall
have
a
designated
licensed
physician,
licensed
osteopathic
physician,
or
medical
resource
designated
for
the
medical
supervision,
care,
and
treatment
of
detainees
as
deemed
necessary
and
appropriate.
(10)
Medication
procedures
in
temporary
holding
facilities,
that
prescription
medication,
as
ordered
by
a
licensed
physician,
licensed
osteopathic
physician,
or
licensed
dentist
shall
be
provided
in
accordance
with
the
directions
of
the
prescribing
physician
or
dentist.
Detainees
with
medication
from
a
personal
physician,
osteopathic
physician,
or
dentist
may
be
evaluated
by
a
physician,
osteopathic
physician,
or
dentist
selected
by
the
facility
administrator
to
determine
if
the
present
medication
is
appropriate.
(11)
For
medication
storage
in
temporary
holding
facilities,
that
expired
drugs
or
drugs
not
in
unit
dose
packaging,
whose
administration
had
been
discontinued
by
the
attending
physician,
shall
be
destroyed
by
the
facility
administrator
or
designee
in
the
presence
of
a
witness.
(12)
For
medical
diets
in
temporary
holding
facilities,
that
special
diets
as
prescribed
by
a
physician
shall
be
followed
and
documented.
(13)
For
medical
care
and
treatment
for
juveniles
in
nonsecure
holds
in
temporary
holding
facilities,
that
special
diets
as
prescribed
by
a
physician
shall
be
followed
and
documented.
d.
c.
The
economic
development
authority,
with
respect
to
rules
relating
to
the
certification
of
a
person
with
a
disability
for
the
purpose
of
the
targeted
small
business
program,
that
in
order
to
be
considered
a
person
with
a
disability
for
the
purpose
of
the
targeted
small
business
program,
the
person
must
qualify
and
receive
certification
as
having
a
disability
from
a
licensed
medical
physician
or
must
Senate
File
514,
p.
169
have
been
found
eligible
for
vocational
rehabilitation
services
by
the
department
of
education
workforce
development
,
division
of
vocational
rehabilitation
services,
or
by
the
department
for
the
blind.
e.
d.
The
department
of
education,
with
respect
to
rules
relating
to
the
following:
(1)
For
statements
relating
to
medication
administration
policies,
that
a
statement
that
persons
administering
medication
shall
include
authorized
practitioners,
such
as
licensed
registered
nurses
and
physicians,
and
persons
to
whom
authorized
practitioners
have
delegated
the
administration
of
prescription
and
nonprescription
drugs.
Individuals
shall
self-administer
asthma
or
other
airway
constricting
disease
medication
or
possess
and
have
use
of
an
epinephrine
auto-injector
with
parent
and
physician
consent
on
file,
without
the
necessity
of
demonstrating
competency
to
self-administer
these
medications.
(2)
For
medication
administration
courses
relating
to
medication
administration
policies,
that
a
medication
administration
course
be
conducted
by
a
registered
nurse
or
licensed
pharmacist
and
include
an
annual
medication
administration
procedural
skills
check
completed
with
a
registered
nurse
or
pharmacist.
(3)
For
school-based
youth
services
programs,
that
preventive
and
primary
health
care
services
shall
be
delivered
by
specifically
credentialed
providers
as
specified.
f.
e.
The
department
of
health
and
human
services,
with
respect
to
rules
relating
to
the
following:
(1)
That
an
incident
for
purposes
of
accreditation
of
providers
of
services
to
persons
with
mental
illness,
intellectual
disabilities,
or
developmental
disabilities
includes
but
is
not
limited
to
an
occurrence
involving
the
individual
using
the
service
that
results
in
a
physical
injury
to
or
by
the
individual
that
requires
a
physician’s
treatment
or
admission
to
a
hospital.
(2)
That
a
mental
health
professional,
for
purposes
of
accreditation
of
providers
of
services
to
persons
with
mental
illness,
intellectual
disabilities,
or
developmental
disabilities,
includes
a
medical
professional
licensed
in
this
Senate
File
514,
p.
170
state,
provided
that
the
professional
otherwise
meets
all
of
the
conditions
to
qualify
as
a
mental
health
professional.
(3)
That
home
health
aide
services
for
purposes
of
disability
services
management
and
regional
services
may
include
medications
specifically
ordered
by
a
physician.
(4)
That
payment
relating
to
the
state
supplementary
assistance
program
for
residential
care
shall
only
be
made
when
there
is
on
file
an
order
written
by
a
physician
certifying
that
the
applicant
or
recipient
being
admitted
requires
residential
care
but
does
not
require
nursing
services.
(5)
That
a
case
folder
for
a
facility
participating
in
the
state
supplementary
assistance
program
must
include
a
physician’s
statement
certifying
that
a
resident
does
not
require
nursing
services.
(6)
That
personnel
providing
psychological
evaluations
and
counseling
or
psychotherapy
services
for
area
education
agencies
under
the
medical
assistance
program
include
specified
professions
endorsed,
licensed,
or
registered
in
this
state,
provided
that
the
professional
otherwise
meets
all
of
the
conditions
to
qualify
as
a
mental
health
professional.
(7)
That
personnel
providing
psychological
evaluations
and
counseling
or
psychotherapy
services
for
providers
of
infant
and
toddler
program
services
under
the
medical
assistance
program
include
specified
professions
endorsed,
licensed,
or
registered
in
this
state,
provided
that
the
professional
otherwise
meets
all
of
the
conditions
to
qualify
as
a
mental
health
professional.
(8)
That
personnel
providing
other
services
for
providers
of
infant
and
toddler
program
services
under
the
medical
assistance
program
include
specified
professions
recognized,
endorsed,
or
licensed
in
this
state,
provided
that
the
professional
otherwise
meets
all
of
the
conditions
to
qualify
as
a
mental
health
professional.
(9)
That
personnel
providing
psychological
evaluations
and
counseling
or
psychotherapy
services
for
providers
of
local
education
agency
services
under
the
medical
assistance
program
include
specified
professions
endorsed,
licensed,
or
registered
in
this
state,
provided
that
the
professional
otherwise
meets
all
of
the
conditions
to
qualify
as
a
mental
Senate
File
514,
p.
171
health
professional.
(10)
That
personnel
providing
other
services
for
providers
of
local
education
agency
services
under
the
medical
assistance
program
include
specified
professions
recognized,
endorsed,
or
licensed
in
this
state,
provided
that
the
professional
otherwise
meets
all
of
the
conditions
to
qualify
as
a
mental
health
professional.
(11)
For
payment
for
medically
necessary
home
health
agency
services
under
the
medical
assistance
program,
that
payment
shall
be
approved
for
medically
necessary
home
health
agency
services
prescribed
by
a
physician
in
a
plan
of
home
health
care
provided
by
a
Medicare-certified
home
health
agency.
(12)
For
authorization
for
medically
necessary
home
health
agency
services
under
the
medical
assistance
program,
that
services
shall
be
authorized
by
a
physician,
evidenced
by
the
physician’s
signature
and
date
on
a
plan
of
treatment.
(13)
For
treatment
plans
of
home
health
agencies
under
the
medical
assistance
program,
that
a
member’s
medical
condition
shall
be
reflected
by
the
date
last
seen
by
a
physician,
if
available.
(14)
For
items
included
in
treatment
plans
of
home
health
agencies
under
the
medical
assistance
program,
that
a
plan
of
care
shall
include
a
physician’s
signature
and
date
and
that
the
plan
of
care
must
be
signed
and
dated
by
the
physician
before
the
claim
for
service
is
submitted
for
reimbursement.
(15)
For
skilled
nursing
services
provided
by
a
home
health
agency
under
the
medical
assistance
program,
that
medical
documentation
shall
be
submitted
justifying
the
need
for
continued
visits,
including
the
physician’s
estimate
of
the
length
of
time
that
additional
visits
will
be
necessary,
and
that
daily
skilled
nursing
visits
or
multiple
daily
visits
for
wound
care
or
insulin
injections
shall
be
covered
when
ordered
by
a
physician
and
included
in
the
plan
of
care.
(16)
For
physical
therapy
services
provided
by
a
home
health
agency
under
the
medical
assistance
program,
that
payment
shall
be
made
for
physical
therapy
services
when
the
services
follow
a
treatment
plan
established
by
the
physician
after
any
needed
consultation
with
the
qualified
physical
therapist.
(17)
For
occupational
therapy
services
provided
by
a
home
Senate
File
514,
p.
172
health
agency
under
the
medical
assistance
program,
that
payment
shall
be
made
for
occupational
therapy
services
when
the
services
follow
a
treatment
plan
established
by
the
physician.
(18)
For
speech
therapy
services
provided
by
a
home
health
agency
under
the
medical
assistance
program,
that
payment
shall
be
made
for
speech
therapy
services
when
the
services
follow
a
treatment
plan
established
by
the
physician.
(19)
For
home
health
aide
services
provided
by
a
home
health
agency
under
the
medical
assistance
program,
that
the
service
as
well
as
the
frequency
and
duration
are
stated
in
a
written
plan
of
treatment
established
by
a
physician.
(20)
For
home
health
aide
services
provided
by
a
home
health
agency
under
the
medical
assistance
program,
that
services
provided
for
specified
durations
when
ordered
by
a
physician
and
included
in
a
plan
of
care
shall
be
allowed
as
intermittent
services.
(21)
For
home
health
aide
services
provided
by
a
home
health
agency
under
the
medical
assistance
program,
that
personal
care
services
include
helping
the
member
take
medications
specifically
ordered
by
a
physician.
(22)
For
private
duty
nursing
or
personal
care
services
for
persons
aged
twenty
and
under,
under
the
medical
assistance
program,
that
private
duty
nursing
services
are
those
services
which
are
provided
by
a
registered
nurse
or
a
licensed
practical
nurse
under
the
direction
of
the
member’s
physician
to
a
member
in
the
member’s
place
of
residence
or
outside
the
member’s
residence,
when
normal
life
activities
take
the
member
outside
the
place
of
residence.
(23)
For
private
duty
nursing
or
personal
care
services
for
persons
aged
twenty
and
under,
under
the
medical
assistance
program,
that
services
shall
be
provided
according
to
a
written
plan
of
care
authorized
by
a
licensed
physician.
(24)
For
private
duty
nursing
or
personal
care
services
for
persons
aged
twenty
and
under,
under
the
medical
assistance
program,
that
personal
care
services
are
those
services
provided
by
a
home
health
aide
or
certified
nurse’s
aide
and
which
are
delegated
and
supervised
by
a
registered
nurse
under
the
direction
of
the
member’s
physician
to
a
member
in
the
member’s
place
of
residence
or
outside
the
member’s
residence,
Senate
File
514,
p.
173
when
normal
life
activities
take
the
member
outside
the
place
of
residence,
and
that
these
services
shall
be
in
accordance
with
the
member’s
plan
of
care
and
authorized
by
a
physician.
(25)
For
requirements
for
private
duty
nursing
or
personal
care
services
for
persons
aged
twenty
and
under,
under
the
medical
assistance
program,
that
private
duty
nursing
or
personal
care
services
shall
be
ordered
in
writing
by
a
physician
as
evidenced
by
the
physician’s
signature
on
the
plan
of
care.
(26)
For
obtaining
prescription
medications
for
children
in
juvenile
detention
and
shelter
care
homes,
that
prescription
medication
provided
to
residents
shall
be
dispensed
only
from
a
licensed
pharmacy
in
this
state
in
accordance
with
state
law,
from
a
licensed
pharmacy
in
another
state
according
to
the
laws
of
that
state,
or
by
a
licensed
physician.
(27)
For
health
and
dental
programs
provided
by
agencies
providing
foster
care
services,
that
a
child’s
physical
examination
shall
be
performed
by
a
licensed
physician
or
licensed
nurse
practitioner.
(28)
For
health
and
dental
programs
provided
by
agencies
providing
foster
care
services,
that
if
documentation
of
prior
immunization
is
unavailable,
immunizations
required
by
the
department
of
public
health
shall
begin
within
thirty
days
of
placement,
unless
contraindicated
and
unless
a
statement
from
a
physician
to
that
effect
is
included
in
the
child’s
medical
record,
and
that
a
statement
from
a
physician,
referring
agency,
parent,
or
guardian
indicating
immunizations
are
current
is
sufficient
documentation
of
immunizations.
(29)
For
the
dispensing,
storage,
authorization,
and
recording
of
medications
in
child
care
centers,
that
all
medications
shall
be
stored
in
their
original
containers,
with
accompanying
physician
or
pharmacist’s
directions
and
label
intact
and
stored
so
they
are
inaccessible
to
children
and
the
public.
(30)
For
an
infants’
area
in
a
child
care
center,
that
upon
the
recommendation
of
a
child’s
physician
or
the
area
education
agency
serving
the
child,
a
child
who
is
two
years
of
age
or
older
with
a
disability
that
results
in
significant
developmental
delays
in
physical
and
cognitive
functioning
who
Senate
File
514,
p.
174
does
not
pose
a
threat
to
the
safety
of
the
infants
may,
if
appropriate
and
for
a
limited
time
approved
by
the
department,
remain
in
the
infant
area.
(31)
For
facility
requirements
for
a
child
development
home,
that
the
telephone
number
for
each
child’s
physician
shall
be
written
on
paper
and
readily
accessible
by
the
telephone.
(32)
For
medications
and
hazardous
materials
in
a
child
development
home,
that
medications
shall
be
given
only
with
the
parent’s
or
doctor’s
written
authorization,
and
that
each
prescribed
medication
shall
be
accompanied
by
a
physician’s
or
pharmacist’s
direction.
(33)
For
medical
reports
regarding
the
health
of
a
family
in
a
family
life
home,
that
a
medical
report
shall
provide
significant
findings
of
a
physician,
such
as
the
presence
or
absence
of
any
communicable
disease.
(34)
For
medical
reexaminations
of
a
family
in
a
family
life
home,
that
medical
reexaminations
may
be
required
at
the
discretion
of
a
physician.
(35)
For
medical
examinations
of
a
client
in
a
family
life
home,
that
a
physician
shall
certify
that
the
client
is
free
from
any
communicable
disease
and
does
not
require
a
higher
level
of
care
than
that
provided
by
a
family
life
home.
(36)
For
the
records
of
a
client
in
a
family
life
home,
that
the
family
shall
have
available
at
all
times,
the
name,
address,
and
telephone
number
of
the
client’s
physician.
(37)
For
the
facility
requirements
for
a
child
care
home,
that
the
telephone
number
for
each
child’s
physician
shall
be
written
on
paper
and
readily
accessible
by
the
telephone.
(38)
For
the
administration
of
medications
at
a
child
care
home,
that
medications
shall
be
given
only
with
the
parent’s
or
doctor’s
written
authorization
and
each
prescribed
medication
shall
be
accompanied
by
a
physician’s
or
pharmacist’s
direction.
(39)
For
payments
for
foster
care,
that
an
intellectual
disabilities
professional
includes
specified
professions,
provided
that
the
professional
otherwise
meets
all
of
the
conditions
to
qualify
as
an
intellectual
disabilities
professional.
(40)
For
payments
for
foster
care,
that
a
mental
health
Senate
File
514,
p.
175
professional
includes
specified
professions,
provided
that
the
professional
otherwise
meets
all
of
the
conditions
to
qualify
as
a
mental
health
professional.
(41)
For
the
subsidized
adoption
program,
that
a
qualified
intellectual
disability
professional
includes
specified
professions,
provided
that
the
professional
otherwise
meets
all
of
the
conditions
to
qualify
as
a
qualified
intellectual
disability
professional.
(42)
For
the
subsidized
adoption
program,
that
a
qualified
mental
health
professional
includes
specified
professions,
provided
that
the
professional
otherwise
meets
all
of
the
conditions
to
qualify
as
a
qualified
mental
health
professional.
(43)
For
the
information
provided
to
a
foster
care
provider
by
a
department
worker
at
the
time
of
placement,
that
the
information
shall
include
the
names,
addresses,
and
telephone
numbers
of
the
child’s
physician
and
dentist.
(44)
A
written
order
from
a
physician
for
an
older
individual
requesting
a
therapeutic
diet,
and
the
interpretation
of
such
orders.
(45)
That
“impaired
glucose
tolerance”
,
for
purposes
of
outpatient
diabetes
education
programs,
means
a
condition
in
which
blood
glucose
levels
are
higher
than
normal,
diagnosed
by
a
physician,
and
treated
with
a
food
plan,
exercise,
or
weight
control.
(46)
For
instructors
for
programs
not
recognized
by
the
American
diabetes
association
or
accredited
by
the
American
association
of
diabetes
educators,
that
the
primary
instructors
shall
be
one
or
more
of
specified
health
care
professionals
who
are
knowledgeable
about
the
disease
process
of
diabetes
and
the
treatment
of
diabetes.
(47)
For
the
written
form
for
participation
in
the
prescription
drug
donation
repository
program,
that
the
form
shall
include
the
name
and
telephone
number
of
the
responsible
pharmacist,
physician,
or
nurse
practitioner
who
is
employed
by
or
under
contract
with
the
pharmacy
or
medical
facility,
and
shall
also
include
a
statement,
signed
and
dated
by
the
responsible
pharmacist,
physician,
or
nurse
practitioner,
indicating
that
the
pharmacy
or
medical
facility
meets
the
Senate
File
514,
p.
176
eligibility
requirements
and
shall
comply
with
the
requirements
established
by
rule.
(48)
For
the
dispensing
of
donated
prescription
drugs
and
supplies,
that
donated
drugs
and
supplies
may
be
dispensed
only
if
the
drugs
or
supplies
are
prescribed
by
a
health
care
practitioner
for
use
by
an
eligible
individual
and
are
dispensed
by
a
licensed
pharmacist,
physician,
or
nurse
practitioner.
g.
f.
The
department
of
inspections
and
appeals,
with
respect
to
rules
relating
to
the
following:
(1)
For
the
qualifications
of
an
attending
physician
at
a
hospice,
that
the
person
shall
have
an
active
Iowa
license
to
practice
medicine.
(2)
For
residential
care
facilities
for
persons
with
intellectual
disabilities,
that
a
qualified
intellectual
disability
professional
includes
specified
professions,
provided
that
the
professional
otherwise
meets
all
of
the
conditions
to
qualify
as
a
qualified
intellectual
disability
professional.
(3)
For
nursing
facilities,
that
a
qualified
intellectual
disabilities
professional
includes
specified
professions,
provided
that
the
professional
otherwise
meets
all
of
the
conditions
to
qualify
as
a
qualified
intellectual
disabilities
professional.
(4)
For
intermediate
care
facilities
for
persons
with
mental
illness,
that
a
qualified
mental
health
professional
includes
specified
professions,
provided
that
the
professional
otherwise
meets
all
of
the
conditions
to
qualify
as
a
qualified
mental
health
professional.
(5)
For
notifications
submitted
to
the
department
from
a
subacute
mental
health
care
facility
in
the
event
of
an
accident
causing
a
major
injury,
including
as
a
major
injury
an
injury
which
requires
consultation
with
the
attending
physician
or
designee
of
the
physician
or
advanced
registered
nurse
practitioner
who
determines
that
an
injury
is
a
major
injury.
h.
g.
The
racing
and
gaming
commission,
with
respect
to
rules
relating
to
the
following:
(1)
For
the
grounds
for
denial,
suspension,
or
revocation
of
an
occupational
or
vendor
license,
that
a
license
shall
be
denied
if
the
applicant
has
a
history
of
mental
illness
without
Senate
File
514,
p.
177
demonstrating
successful
treatment
by
a
licensed
medical
physician.
(2)
For
the
qualifications
for
jockeys,
that
a
jockey
shall
pass
a
physical
examination
by
a
licensed
physician
affirming
fitness
to
participate
as
a
jockey.
(3)
For
the
regulation
of
licensees
in
restricted
areas
of
a
racing
facility,
that
licensees
whose
duties
require
them
to
be
in
a
restricted
area
of
a
racing
facility
shall
not
have
present
within
their
systems
any
controlled
substance
as
listed
in
schedules
I
to
V
of
U.S.C.
Tit.
21
(Food
and
Drug
Section
812),
chapter
124
,
or
any
prescription
drug
unless
it
was
obtained
directly
or
pursuant
to
valid
prescription
or
order
from
a
duly
licensed
physician
who
is
acting
in
the
course
of
professional
practice.
i.
h.
The
Iowa
law
enforcement
academy,
with
respect
to
rules
relating
to
the
following:
(1)
For
the
minimum
standards
for
law
enforcement
officers,
that
an
officer
is
examined
by
a
licensed
physician
or
surgeon.
(2)
For
hiring
standards
must
be
reverified
if
an
individual
is
not
hired
by
an
Iowa
law
enforcement
agency
during
a
specified
period
of
time
following
completion
of
the
course
of
study,
that
the
individual
must
be
examined
by
a
licensed
physician
or
surgeon.
(3)
For
the
selection
or
appointment
of
reserve
peace
officers,
that
the
person
shall
be
examined
by
a
licensed
physician
or
surgeon.
j.
i.
The
natural
resource
commission,
with
respect
to
rules
relating
to
the
following:
(1)
That
the
grounds
for
revoking
or
suspending
an
instructor
license
include
participation
in
a
course
while
ingesting
prescription
medication
in
a
manner
contrary
to
the
dosing
directions
given
by
the
prescribing
physician.
(2)
For
applications
for
use
of
a
crossbow
for
deer
and
turkey
hunting
by
handicapped
individuals,
that
an
application
must
include
a
statement
signed
by
the
applicant’s
physician
declaring
that
the
individual
is
not
physically
capable
of
shooting
a
bow
and
arrow.
(3)
For
authorization
for
the
use
of
a
crossbow
for
deer
and
turkey
hunting
by
handicapped
individuals,
that
if
a
Senate
File
514,
p.
178
conservation
officer
has
probable
cause
to
believe
the
person’s
handicapped
status
has
improved,
making
it
possible
for
the
person
to
shoot
a
bow
and
arrow,
the
department
of
natural
resources
may,
upon
the
officer’s
request,
require
the
person
to
obtain
in
writing
a
current
physician’s
statement.
(4)
For
licenses
for
nonresidents
to
participate
in
a
special
deer
hunting
season
for
severely
disabled
persons,
that
a
nonresident
applying
for
the
license
must
have
on
file
with
the
department
of
natural
resources
either
a
copy
of
a
disabilities
parking
permit
issued
by
a
state
department
of
transportation
or
an
Iowa
department
of
natural
resources
form
signed
by
a
physician
that
verifies
their
disability.
k.
The
Iowa
department
of
public
health,
with
respect
to
rules
relating
to
the
following:
(1)
That
“impaired
glucose
tolerance”
,
for
purposes
of
outpatient
diabetes
education
programs,
means
a
condition
in
which
blood
glucose
levels
are
higher
than
normal,
diagnosed
by
a
physician,
and
treated
with
a
food
plan,
exercise,
or
weight
control.
(2)
For
instructors
for
programs
not
recognized
by
the
American
diabetes
association
or
accredited
by
the
American
association
of
diabetes
educators,
that
the
primary
instructors
shall
be
one
or
more
of
specified
health
care
professionals
who
are
knowledgeable
about
the
disease
process
of
diabetes
and
the
treatment
of
diabetes.
(3)
For
the
written
form
for
participation
in
the
prescription
drug
donation
repository
program,
that
the
form
shall
include
the
name
and
telephone
number
of
the
responsible
pharmacist,
physician,
or
nurse
practitioner
who
is
employed
by
or
under
contract
with
the
pharmacy
or
medical
facility,
and
shall
also
include
a
statement,
signed
and
dated
by
the
responsible
pharmacist,
physician,
or
nurse
practitioner,
indicating
that
the
pharmacy
or
medical
facility
meets
the
eligibility
requirements
and
shall
comply
with
the
requirements
established
by
rule.
(4)
For
the
dispensing
of
donated
prescription
drugs
and
supplies,
that
donated
drugs
and
supplies
may
be
dispensed
only
if
the
drugs
or
supplies
are
prescribed
by
a
health
care
practitioner
for
use
by
an
eligible
individual
and
are
dispensed
Senate
File
514,
p.
179
by
a
licensed
pharmacist,
physician,
or
nurse
practitioner.
l.
j.
The
department
of
public
safety,
with
respect
to
rules
relating
to
permits
to
carry
weapons,
that
a
person
who
is
an
unlawful
user
of
or
addicted
to
any
controlled
substance
includes
any
person
who
is
a
current
user
of
a
controlled
substance
in
a
manner
other
than
as
prescribed
by
a
licensed
physician.
m.
k.
The
department
of
transportation,
with
respect
to
rules
relating
to
exemptions
from
motor
vehicle
window
transparency
requirements,
that
a
motor
vehicle
fitted
with
a
front
windshield,
a
front
side
window,
or
a
front
sidewing
with
less
than
seventy
percent
but
not
less
than
thirty-five
percent
light
transmittance
before
July
4,
2012,
may
continue
to
be
maintained
and
operated
with
a
front
windshield,
a
front
side
window,
or
a
front
sidewing
with
less
than
seventy
percent
but
not
less
than
thirty-five
percent
light
transmittance
on
or
after
July
4,
2012,
so
long
as
the
vehicle
continues
to
be
used
for
the
transport
of
a
passenger
or
operator
who
documented
in
the
manner
specified
by
the
department
a
medical
need
for
such
reduced
transparency,
which
document
was
signed
by
the
person’s
physician
before
July
4,
2012.
n.
l.
The
Iowa
department
of
veterans
affairs,
with
respect
to
rules
relating
to
expenses
relating
to
the
purchase
of
durable
equipment
or
services,
that
individuals
requesting
reimbursement
who
need
durable
equipment
as
a
medical
necessity
should
provide
information
from
a
physician.
o.
m.
The
department
of
workforce
development,
with
respect
to
rules
relating
to
the
following:
(1)
That
a
voluntary
quit
shall
be
presumed
to
be
without
good
cause
attributable
to
the
employer
for
purposes
of
unemployment
compensation
if
a
claimant
left
employment
because
of
illness
or
injury
which
was
not
caused
or
aggravated
by
the
employment
or
pregnancy
and
failed
to
obtain
the
advice
of
a
licensed
and
practicing
physician,
obtain
certification
of
release
for
work
from
a
licensed
and
practicing
physician,
or
return
to
the
employer
and
offer
services
upon
recovery
and
certification
for
work
by
a
licensed
and
practicing
physician.
(2)
That
for
purposes
of
unemployment
compensation,
it
is
a
reason
for
a
claimant
leaving
employment
with
good
cause
Senate
File
514,
p.
180
attributable
to
the
employer
if
the
claimant
left
employment
because
of
illness,
injury,
or
pregnancy
upon
the
advice
of
a
licensed
and
practicing
physician,
and
upon
recovery,
when
recovery
was
certified
by
a
licensed
and
practicing
physician,
the
claimant
returned
and
offered
to
perform
services
to
the
employer,
but
no
suitable,
comparable
work
was
available.
(3)
That
for
purposes
of
unemployment
compensation
it
is
a
reason
for
a
claimant
leaving
employment
with
good
cause
attributable
to
the
employer
if
the
claimant
left
employment
upon
the
advice
of
a
licensed
and
practicing
physician
for
the
sole
purpose
of
taking
a
family
member
to
a
place
having
a
different
climate
and
subsequently
returned
to
the
claimant’s
regular
employer
and
offered
to
perform
services,
but
the
claimant’s
regular
or
comparable
work
was
not
available.
p.
n.
The
labor
services
division
of
the
department
of
workforce
development,
with
respect
to
rules
relating
to
the
following:
(1)
For
the
disclosure
of
a
trade
secret
relating
to
a
hazardous
chemical
during
a
medical
emergency,
that
where
a
treating
physician
or
nurse
determines
that
a
medical
emergency
exists
and
the
specific
chemical
identity
of
a
hazardous
chemical
is
necessary
for
emergency
or
first-aid
treatment,
the
chemical
manufacturer,
importer,
or
employer
shall
immediately
disclose
the
specific
chemical
identity
of
a
trade
secret
chemical
to
that
treating
physician
or
nurse,
regardless
of
the
existence
of
a
written
statement
of
need
or
a
confidentiality
agreement.
(2)
For
the
disclosure
of
a
trade
secret
relating
to
a
hazardous
chemical
in
a
nonemergency
situation,
that
in
nonemergency
situations,
a
chemical
manufacturer,
importer,
or
employer
shall,
upon
request,
disclose
a
specific
chemical
identity,
otherwise
permitted
to
be
withheld
by
rule,
to
a
specified
health
professional
providing
medical
or
other
occupational
health
services
to
exposed
employees
or
designated
representatives
in
specified
circumstances.
(3)
For
applications
for
a
license
to
practice
asbestos
removal,
that
except
as
noted
in
rule,
only
worker
and
contractor/supervisor
license
applicants
must
submit
the
respiratory
protection
and
physician’s
certification
forms.
Senate
File
514,
p.
181
(4)
For
documentation
held
by
persons
licensed
for
asbestos
abatement
in
an
area
that
is
subject
to
a
disaster
emergency
proclamation,
that
the
labor
commissioner
deems
an
individual
contractor,
supervisor,
or
worker
to
be
licensed
and
authorized
for
asbestos
abatement
if
the
individual,
in
addition
to
other
specified
conditions,
makes
immediately
available
on
the
work
site
a
copy
of
a
physician’s
statement
indicating
that,
consistent
with
federal
law,
a
licensed
physician
has
examined
the
individual
within
the
past
twelve
months
and
approved
the
individual
to
work
while
wearing
a
respirator.
(5)
That
the
contents
of
an
application
for
an
event
license
for
a
covered
athletic
event
other
than
a
professional
wrestling
event
shall
contain,
along
with
other
requirements,
a
copy
of
the
medical
license
of
the
ringside
physician
and
the
date,
time,
and
location
of
the
ringside
physician’s
examination
of
the
contestants.
(6)
For
the
responsibilities
of
the
promoter
of
an
athletic
event,
that
the
promoter
submit
test
results
to
the
ringside
physician
no
later
than
at
the
time
of
the
physical
showing
that
each
contestant
scheduled
for
the
event
tested
negative
for
the
human
immunodeficiency,
hepatitis
B,
and
hepatitis
C
viruses
within
the
one-year
period
prior
to
the
event,
and
that
the
contestant
shall
not
participate
and
the
physician
shall
notify
the
promoter
that
the
contestant
is
prohibited
from
participating
for
medical
reasons
if
specified
circumstances
occur.
(7)
For
injuries
during
a
professional
boxing
match,
that
if
a
contestant
claims
to
be
injured
during
the
bout,
the
referee
shall
stop
the
bout
and
request
the
attending
physician
to
make
an
examination.
If
the
physician
decides
that
the
contestant
has
been
injured
as
the
result
of
a
foul,
the
physician
shall
advise
the
referee
of
the
injury.
If
the
physician
is
of
the
opinion
that
the
injured
contestant
may
be
able
to
continue,
the
physician
shall
order
an
intermission,
after
which
the
physician
shall
make
another
examination
and
again
advise
the
referee
of
the
injured
contestant’s
condition.
It
shall
be
the
duty
of
the
promoter
to
have
an
approved
physician
in
attendance
during
the
entire
duration
of
all
bouts.
(8)
For
persons
allowed
in
a
ring
during
a
professional
Senate
File
514,
p.
182
boxing
match,
that
no
person
other
than
the
contestants
and
the
referee
shall
enter
the
ring
during
the
bout,
excepting
the
seconds
between
the
rounds
or
the
attending
physician
if
asked
by
the
referee
to
examine
an
injury
to
a
contestant.
(9)
For
the
weighing
of
contestants
in
a
professional
boxing
match,
that
contestants
shall
be
weighed
and
examined
on
the
day
of
the
scheduled
match
by
the
attending
ring
physician
at
a
time
and
place
to
be
determined
by
the
commissioner.
(10)
For
attending
ring
physicians
during
a
professional
boxing
match,
that
when
a
boxer
has
been
injured
seriously,
knocked
out,
or
technically
knocked
out,
the
referee
shall
immediately
summon
the
attending
ring
physician
to
aid
the
stricken
boxer,
and
that
managers,
handlers,
and
seconds
shall
not
attend
to
the
stricken
boxer,
except
at
the
request
of
the
physician.
(11)
For
the
keeping
of
time
during
a
professional
boxing
match,
that
the
timekeeper
shall
keep
an
exact
record
of
time
taken
out
at
the
request
of
a
referee
for
an
examination
of
a
contestant
by
the
physician.
(12)
For
the
suspension
of
contestants
during
a
professional
boxing
match
that
is
an
elimination
tournament,
that
a
contestant
who
for
specified
reasons
is
not
permitted
to
box
in
the
state
for
a
period
of
time
shall
be
examined
by
a
physician
approved
by
the
commissioner
before
being
permitted
to
fight
again.
(13)
For
the
designation
of
officials
for
professional
kickboxing,
that
the
designation
of
physicians
is
subject
to
the
approval
of
the
commissioner
or
designee.
(14)
For
officials
for
a
mixed
martial
arts
event,
that
officials
shall
include
a
physician.
(15)
For
the
keeping
of
time
for
a
mixed
martial
arts
event,
that
the
timekeeper
shall
keep
an
exact
record
of
time
taken
out
at
the
request
of
a
referee
for
an
examination
of
a
contestant
by
the
physician.
(16)
For
persons
allowed
in
the
cage
during
a
mixed
martial
arts
event,
that
a
physician
may
enter
the
cage
to
examine
a
contestant
upon
the
request
of
the
referee.
(17)
For
the
decorum
of
persons
involved
in
a
mixed
martial
arts
event,
that
a
contestant
is
exempt
from
prohibitions
Senate
File
514,
p.
183
on
specified
conduct
while
interacting
with
the
contestant’s
opponent
during
a
round,
but
if
the
round
is
stopped
by
the
physician
or
referee
for
a
time
out,
the
prohibitions
shall
apply
to
the
contestant.
(18)
For
the
examination
of
contestants
in
a
mixed
martial
arts
event,
that
on
the
day
of
the
event,
at
a
time
and
place
to
be
approved
by
the
commissioner,
the
ringside
physician
shall
conduct
a
rigorous
physical
examination
to
determine
the
contestant’s
fitness
to
participate
in
a
mixed
martial
arts
match,
and
that
a
contestant
deemed
not
fit
by
the
physician
shall
not
participate
in
the
event.
(19)
For
injuries
during
a
mixed
martial
arts
event,
that
if
a
contestant
claims
to
be
injured
or
when
a
contestant
has
been
injured
seriously
or
knocked
out,
the
referee
shall
immediately
stop
the
fight
and
summon
the
attending
ring
physician
to
make
an
examination
of
the
stricken
fighter.
If
the
physician
decides
that
the
contestant
has
been
injured,
the
physician
shall
advise
the
referee
of
the
severity
of
the
injury.
If
the
physician
is
of
the
opinion
the
injured
contestant
may
be
able
to
continue,
the
physician
shall
order
an
intermission,
after
which
the
physician
shall
make
another
examination
and
again
advise
the
referee
of
the
injured
contestant’s
condition.
Managers,
handlers,
and
seconds
shall
not
attend
to
the
stricken
fighter,
except
at
the
request
of
the
physician.
2.
This
section
shall
not
be
construed
to
expand,
diminish,
or
otherwise
modify
the
scope
of
practice
of
any
profession
licensed
under
this
subtitle
.
3.
The
rulemaking
requirements
provided
in
this
section
shall
not
be
construed
to
prohibit
the
agencies
listed
in
subsection
1
from
engaging
in
further
rulemaking
not
in
conflict
with
this
section
or
state
or
federal
law
relating
to
the
subject
matter
of
this
section
or
to
otherwise
diminish
the
authority
to
engage
in
rulemaking
provided
to
those
agencies
by
any
other
statute.
Sec.
264.
Section
147A.1,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
“Department”
means
the
Iowa
department
of
public
health
and
human
services
.
2.
“Director”
means
the
director
of
the
Iowa
department
of
Senate
File
514,
p.
184
public
health
and
human
services
.
Sec.
265.
Section
147A.21,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
“Department”
means
the
Iowa
department
of
public
health
and
human
services
.
3.
“Director”
means
the
director
of
public
health
and
human
services
.
Sec.
266.
Section
147A.24,
subsection
1,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
Department
of
public
health
and
human
services
.
Sec.
267.
Section
147C.1,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
“Alternative
program”
means
a
nondisciplinary
monitoring
or
practice
remediation
process
approved
by
a
physical
therapy
licensing
board.
This
includes
but
is
not
limited
to
substance
abuse
use
disorder
issues.
Sec.
268.
Section
147D.1,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
“Alternative
program”
means
a
voluntary,
nondisciplinary
substance
abuse
use
disorder
recovery
program
approved
by
a
state
emergency
medical
services
authority.
Sec.
269.
Section
147E.1,
subsection
2,
paragraph
k,
Code
2023,
is
amended
to
read
as
follows:
k.
“Impaired
practitioner”
means
individuals
whose
professional
practice
is
adversely
affected
by
substance
abuse
use
disorder
,
addiction,
or
other
health-related
conditions.
Sec.
270.
Section
147F.1,
subsection
2,
paragraph
n,
Code
2023,
is
amended
to
read
as
follows:
n.
“Impaired
practitioner”
means
an
individual
whose
professional
practice
is
adversely
affected
by
substance
abuse
use
disorder
,
addiction,
or
other
health-related
conditions.
Sec.
271.
Section
152.5A,
Code
2023,
is
amended
to
read
as
follows:
152.5A
Student
record
checks.
1.
For
the
purposes
of
this
section
:
a.
“Comprehensive
preliminary
background
check”
means
the
same
as
defined
in
section
135C.1
.
b.
“Nursing
program”
means
a
nursing
program
that
is
approved
by
the
board
pursuant
to
section
152.5
.
Senate
File
514,
p.
185
c.
“Record
check
evaluation
system”
means
the
same
as
defined
in
section
135C.1.
c.
d.
“Student”
means
a
person
applying
for,
enrolled
in,
or
returning
to
the
clinical
education
component
of
a
nursing
program.
2.
Prior
to
a
student
beginning
or
returning
to
a
nursing
program,
the
nursing
program
shall
do
one
of
the
following
in
substantial
conformance
with
the
provisions
of
section
135C.33
:
a.
Request
that
the
department
of
public
safety
perform
a
criminal
history
check
and
the
record
check
evaluation
system
of
the
department
of
health
and
human
services
perform
child
and
dependent
adult
abuse
record
checks
of
the
student
in
this
state.
b.
Access
the
single
contact
repository
to
perform
the
required
record
checks.
3.
a.
If
a
program
accesses
the
single
contact
repository
to
perform
the
required
record
checks
pursuant
to
subsection
2
,
the
program
may
utilize
a
third-party
vendor
to
perform
a
comprehensive
preliminary
background
check
to
allow
a
student
to
provisionally
participate
in
the
clinical
education
component
of
the
nursing
program
pending
completion
of
the
required
record
checks
through
the
single
contact
repository
and
the
evaluation
by
the
department
of
human
services
record
check
evaluation
system
,
as
applicable,
subject
to
all
of
the
following:
(1)
If
the
comprehensive
preliminary
background
check
determines
that
the
student
being
considered
for
provisional
participation
has
been
convicted
of
a
crime,
but
the
crime
does
not
constitute
a
felony
as
defined
in
section
701.7
and
is
not
a
crime
specified
pursuant
to
chapter
708
,
708A
,
709
,
709A
,
710
,
710A
,
711
,
or
712
,
or
pursuant
to
section
726.3
,
726.27
,
or
726.28
.
(2)
If
the
comprehensive
preliminary
background
check
determines
the
student
being
considered
for
provisional
participation
does
not
have
a
record
of
founded
child
abuse
or
dependent
adult
abuse,
or
if
an
exception
pursuant
to
section
135C.33,
subsection
4
,
is
applicable
to
the
student.
(3)
If
the
program
has
requested
an
evaluation
in
accordance
with
section
135C.33,
subsection
2
,
paragraph
“a”
,
to
determine
Senate
File
514,
p.
186
whether
the
crime
warrants
prohibition
of
the
student’s
provisional
participation.
b.
The
provisional
participation
under
this
subsection
3
may
continue
until
such
time
as
the
required
record
checks
through
the
single
contact
repository
and
the
evaluation
by
the
department
of
human
services
record
check
evaluation
system
,
as
applicable,
are
completed.
4.
If
a
student
has
a
criminal
record
or
a
record
of
founded
child
or
dependent
adult
abuse,
upon
request
of
the
nursing
program,
the
department
of
human
services
record
check
evaluation
system
shall
perform
an
evaluation
to
determine
whether
the
record
warrants
prohibition
of
the
student’s
involvement
in
a
clinical
education
component
of
a
nursing
program
involving
children
or
dependent
adults.
The
department
of
human
services
record
check
evaluation
system
shall
utilize
the
criteria
provided
in
section
135C.33
in
performing
the
evaluation
and
shall
report
the
results
of
the
evaluation
to
the
nursing
program.
The
department
of
human
services
record
check
evaluation
system
has
final
authority
in
determining
whether
prohibition
of
the
student’s
involvement
in
a
clinical
education
component
is
warranted.
Sec.
272.
Section
154D.4,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
The
provision
of
children,
family,
or
mental
health
services
through
the
department
of
health
and
human
services
or
juvenile
court,
or
agencies
contracting
with
the
department
of
health
and
human
services
or
juvenile
court,
by
persons
who
do
not
represent
themselves
to
be
either
a
marital
and
family
therapist
or
a
mental
health
counselor.
Sec.
273.
Section
155A.46,
subsection
1,
paragraph
a,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
pharmacist
may,
pursuant
to
statewide
protocols
developed
by
the
board
in
consultation
with
the
department
of
public
health
and
human
services
and
consistent
with
subsection
2
,
order
and
administer
the
following
to
patients
ages
eighteen
years
and
older:
Sec.
274.
Section
155A.46,
subsection
1,
paragraph
b,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
187
follows:
A
pharmacist
may,
pursuant
to
statewide
protocols
developed
by
the
board
in
consultation
with
the
department
of
public
health
and
human
services
and
consistent
with
subsection
2
,
order
and
administer
the
following
to
patients
ages
six
months
and
older:
Sec.
275.
Section
155A.46,
subsection
1,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
A
pharmacist
may,
pursuant
to
statewide
protocols
developed
by
the
board
in
consultation
with
the
department
of
public
health
and
human
services
and
consistent
with
subsection
2
,
order
and
administer
the
final
two
doses
in
a
course
of
vaccinations
for
HPV
to
patients
ages
eleven
years
and
older.
Sec.
276.
Section
155A.46,
subsection
1,
paragraph
e,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
pharmacist
may,
pursuant
to
statewide
protocols
developed
by
the
board
in
consultation
with
the
department
of
public
health
and
human
services
and
consistent
with
subsection
2
,
order
and
administer
the
following
to
patients
ages
six
years
and
older:
Sec.
277.
Section
158.2,
subsection
8,
Code
2023,
is
amended
to
read
as
follows:
8.
Persons
committed
pursuant
to
chapter
229A
to
the
custody
of
the
director
of
the
department
of
health
and
human
services
in
the
unit
for
sexually
violent
predators
who
cut
the
hair
or
trim
or
shave
the
beard
of
any
other
person
within
the
unit,
without
receiving
direct
compensation
from
the
person
receiving
the
service.
Sec.
278.
Section
158.3,
subsection
1,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
Presents
a
certificate,
or
satisfactory
evidence,
to
the
department
that
the
applicant
has
successfully
completed
tenth
grade,
or
the
equivalent.
The
provisions
of
this
subsection
shall
not
apply
to
students
enrolled
in
a
barber
school
maintained
at
an
institution
under
the
control
of
a
director
of
a
division
of
the
department
of
health
and
human
services.
Sec.
279.
Section
163.3A,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
188
2.
The
services
shall
be
performed
under
the
direction
of
the
department
and
may
be
part
of
measures
authorized
by
the
governor
under
a
declaration
or
proclamation
issued
pursuant
to
chapter
29C
.
In
such
case,
the
department
shall
cooperate
with
the
Iowa
department
of
public
health
and
human
services
under
chapter
135
,
and
the
department
of
homeland
security
and
emergency
management,
and
local
emergency
management
agencies
as
provided
in
chapter
29C
.
Sec.
280.
Section
190B.102,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
department
of
agriculture
and
land
stewardship,
the
department
of
public
health,
the
department
of
health
and
human
services,
and
the
department
of
inspections
and
appeals
shall
cooperate
with
the
department
of
revenue
to
administer
this
subchapter
.
Sec.
281.
Section
204.7,
subsection
8,
paragraph
a,
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
(3)
The
consumable
hemp
product
complies
with
packaging
and
labeling
requirements,
which
shall
be
established
by
the
department
of
inspections
health
and
appeals
human
services
by
rule.
Sec.
282.
Section
204.7,
subsection
8,
paragraphs
b
and
c,
Code
2023,
are
amended
to
read
as
follows:
b.
A
person
manufacturing
a
consumable
hemp
product
in
this
state
shall
register
with
the
department
of
inspections
health
and
appeals
human
services
on
a
form
prescribed
by
the
department
of
inspections
health
and
appeals
human
services
by
rule.
The
department
of
inspections
health
and
appeals
human
services
may
impose
a
fee,
established
by
the
department
of
inspections
health
and
appeals
human
services
by
rule,
on
a
registrant
not
to
exceed
the
cost
of
processing
the
registration.
The
department
of
inspections
health
and
appeals
human
services
shall
adopt
rules
for
the
revocation
of
a
registration
issued
to
a
manufacturer
who
manufactures
a
consumable
hemp
product
not
in
compliance
with
this
chapter
.
c.
A
person
selling
a
consumable
hemp
product
in
this
state
shall
register
with
the
department
of
inspections
health
and
appeals
human
services
on
a
form
prescribed
by
the
department
of
inspections
health
and
appeals
human
services
by
rule
and
Senate
File
514,
p.
189
shall
keep
on
the
premises
of
the
person’s
business
a
copy
of
the
certificate
of
analysis
issued
pursuant
to
section
204.8
for
the
hemp
contained
in
the
consumable
hemp
products
sold
by
the
person.
The
department
of
inspections
health
and
appeals
human
services
may
impose
a
fee,
established
by
the
department
of
inspections
health
and
appeals
human
services
by
rule,
on
a
registrant
not
to
exceed
the
cost
of
processing
the
registration.
The
department
of
inspections
health
and
appeals
human
services
shall
adopt
rules
for
the
revocation
of
a
registration
issued
to
a
person
who
sells
a
consumable
hemp
product
not
in
compliance
with
this
section
.
Sec.
283.
Section
206.2,
subsection
17,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
To
which
reference
is
made
on
the
label
or
in
literature
accompanying
the
pesticide
or
device,
except
when
accurate,
nonmisleading
reference
is
made
to
current
official
publications
of
the
United
States
department
of
agriculture
or
interior,
the
United
States
public
health
service,
the
state
agricultural
experiment
stations,
the
Iowa
state
university,
the
Iowa
department
of
public
health
and
human
services
,
the
department
of
natural
resources,
or
other
similar
federal
institutions
or
official
agencies
of
this
state
or
other
states
authorized
by
law
to
conduct
research
in
the
field
of
pesticides.
Sec.
284.
Section
216.6,
subsection
1,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
Person
to
solicit
or
require
as
a
condition
of
employment
of
any
employee
or
prospective
employee
a
test
for
the
presence
of
the
antibody
to
the
human
immunodeficiency
virus
or
to
affect
the
terms,
conditions,
or
privileges
of
employment
or
terminate
the
employment
of
any
employee
solely
as
a
result
of
the
employee
obtaining
a
test
for
the
presence
of
the
antibody
to
the
human
immunodeficiency
virus.
An
agreement
between
an
employer,
employment
agency,
labor
organization,
or
their
employees,
agents,
or
members
and
an
employee
or
prospective
employee
concerning
employment,
pay,
or
benefits
to
an
employee
or
prospective
employee
in
return
for
taking
a
test
for
the
presence
of
the
antibody
to
the
human
immunodeficiency
virus,
is
prohibited.
The
prohibitions
of
this
paragraph
do
not
apply
if
Senate
File
514,
p.
190
the
state
epidemiologist
determines
and
the
director
of
public
health
and
human
services
declares
through
the
utilization
of
guidelines
established
by
the
center
for
disease
control
of
the
United
States
department
of
health
and
human
services,
that
a
person
with
a
condition
related
to
acquired
immune
deficiency
syndrome
poses
a
significant
risk
of
transmission
of
the
human
immunodeficiency
virus
to
other
persons
in
a
specific
occupation.
Sec.
285.
Section
216A.1,
Code
2023,
is
amended
to
read
as
follows:
216A.1
Department
of
health
and
human
services
——
human
rights
——
purpose.
1.
A
The
department
of
health
and
human
rights
is
created,
with
the
following
divisions
and
offices
services
shall
be
responsible
for
all
of
the
following
:
a.
Division
of
community
Community
advocacy
and
services,
with
the
following
offices:
(1)
Office
of
Latino
affairs.
(2)
Office
on
the
status
of
women.
(3)
Office
of
persons
with
disabilities.
(4)
Office
of
deaf
services.
(5)
Office
on
the
status
of
African
Americans.
(6)
Office
of
Asian
and
Pacific
Islander
affairs.
(7)
Office
of
Native
American
affairs.
b.
Division
of
community
Community
action
agencies.
c.
Division
of
criminal
Criminal
and
juvenile
justice
planning.
2.
The
purpose
of
the
department
under
this
chapter
and
as
otherwise
provided
by
law
is
to
ensure
basic
rights,
freedoms,
and
opportunities
for
all
by
empowering
underrepresented
Iowans
and
eliminating
economic,
social,
and
cultural
barriers.
3.
The
department
shall
implement
the
comprehensive
strategic
plan
approved
by
the
board
under
section
216A.3
and
shall
issue
an
annual
report
to
the
governor
and
the
general
assembly
no
later
than
November
1
of
each
year
concerning
the
operations
of
the
department
relating
to
responsibilities
for
human
rights.
Sec.
286.
Section
216A.3,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
191
216A.3
Human
rights
board.
1.
A
human
rights
board
is
created
within
the
department
of
human
rights
.
2.
The
board
shall
consist
of
sixteen
members,
including
eleven
voting
members
and
five
nonvoting
members
and
determined
as
follows:
a.
The
voting
members
shall
consist
of
nine
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.
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
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
have
the
following
duties:
a.
Develop
develop
and
monitor
implementation
of
a
comprehensive
strategic
plan
to
remove
barriers
for
underrepresented
populations
and,
in
doing
so,
to
increase
Iowa’s
productivity
and
inclusivity,
including
performance
measures
and
benchmarks.
b.
Approve,
disapprove,
amend,
or
modify
the
budget
recommended
by
the
department
director
for
the
operation
of
the
department,
subject
to
the
budget
requirements
pursuant
to
chapter
8
.
Senate
File
514,
p.
192
c.
Adopt
administrative
rules
pursuant
to
chapter
17A
,
upon
the
recommendation
of
the
department
director,
for
the
operation
of
the
department.
d.
By
November
1
of
each
year,
approve
the
department
report
to
the
general
assembly
and
the
governor
that
covers
activities
during
the
preceding
fiscal
year.
Sec.
287.
Section
216A.4,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
“Department”
means
the
department
of
health
and
human
rights
services
.
3.
“Department
director”
“Director”
means
the
director
of
the
department
of
health
and
human
rights
services
.
Sec.
288.
Section
216A.6,
subsection
2,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
Department
,
or
division,
or
office
evaluations
of
information
about
a
person
seeking
or
receiving
advocacy
services.
Sec.
289.
Section
216A.7,
Code
2023,
is
amended
to
read
as
follows:
216A.7
Access
to
information.
Upon
request
of
the
director
,
or
an
office,
a
commission,
or
a
council
,
or
administrator
of
a
division
of
the
department
created
under
this
chapter
,
all
boards,
agencies,
departments,
and
offices
of
the
state
shall
make
available
nonconfidential
information,
records,
data,
and
statistics
which
are
relevant
to
the
populations
or
groups
served
by
the
offices,
councils,
and
commissions
of
the
department
.
Sec.
290.
Section
216A.11,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Office”
means
the
office
of
Latino
affairs
of
the
department
of
human
rights
.
Sec.
291.
Section
216A.13,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Serve
as
liaison
between
the
department
of
human
rights
and
the
public,
sharing
information
and
gathering
constituency
input.
Sec.
292.
Section
216A.15,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Recommend
to
the
department
director
policies
and
Senate
File
514,
p.
193
programs
for
the
office.
Sec.
293.
Section
216A.51,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Office”
means
the
office
on
the
status
of
women
of
the
department
of
human
rights
.
Sec.
294.
Section
216A.71,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Office”
means
the
office
of
persons
with
disabilities
of
the
department
of
human
rights
.
Sec.
295.
Section
216A.91,
Code
2023,
is
amended
to
read
as
follows:
216A.91
Definitions.
For
purposes
of
this
subchapter
,
unless
the
context
otherwise
requires:
1.
“Administrator”
means
the
administrator
of
the
division
of
community
action
agencies
of
the
department
of
human
rights.
2.
1.
“Commission”
means
the
commission
on
community
action
agencies.
3.
2.
“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.
4.
3.
“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.
5.
“Delegate
agency”
means
a
subgrantee
or
contractor
selected
by
the
community
action
agency.
6.
“Division”
means
the
division
of
community
action
agencies
of
the
department
of
human
rights.
Sec.
296.
Section
216A.92,
Code
2023,
is
amended
to
read
as
follows:
216A.92
Division
of
community
Community
action
agencies.
1.
The
division
of
community
action
agencies
is
established.
The
purpose
of
the
division
of
community
action
agencies
is
to
The
department
shall
strengthen,
supplement,
and
coordinate
efforts
to
develop
the
full
potential
of
each
citizen
by
recognizing
certain
community
action
agencies
and
supporting
Senate
File
514,
p.
194
certain
community-based
programs
delivered
by
community
action
agencies.
2.
The
division
department
shall
do
all
of
the
following:
a.
Provide
financial
assistance
for
community
action
agencies
to
implement
community
action
programs,
as
permitted
by
the
community
service
block
grant
and
subject
to
the
funding
made
available
for
the
program.
b.
Administer
the
community
services
block
grant,
the
low-income
energy
assistance
block
grants,
department
of
energy
funds
for
weatherization,
and
other
possible
funding
sources.
If
a
political
subdivision
is
the
community
action
agency,
the
financial
assistance
shall
be
allocated
to
the
political
subdivision.
c.
Implement
accountability
measures
for
its
programs
and
require
regular
reporting
on
the
measures
by
the
community
action
agencies.
d.
Issue
an
annual
report
to
the
governor
and
general
assembly
by
July
1
of
each
year.
Sec.
297.
Section
216A.92B,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
Recommend
to
the
board
the
adoption
of
rules
pursuant
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
division
department
.
3.
Serve
as
liaisons
between
the
division
department
and
the
public,
sharing
information
and
gathering
constituency
input.
Sec.
298.
Section
216A.93,
Code
2023,
is
amended
to
read
as
follows:
216A.93
Establishment
of
community
action
agencies.
The
division
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
division
department
may
solicit
applications
and
assist
the
governor
in
designating
a
Senate
File
514,
p.
195
community
action
agency
for
that
area
in
accordance
with
current
community
services
block
grant
requirements.
Sec.
299.
Section
216A.98,
Code
2023,
is
amended
to
read
as
follows:
216A.98
Audit.
Each
community
action
agency
shall
be
audited
annually
but
shall
not
be
required
to
obtain
a
duplicate
audit
to
meet
the
requirements
of
this
section
.
In
lieu
of
an
audit
by
the
auditor
of
state,
the
community
action
agency
may
contract
with
or
employ
a
certified
public
accountant
to
conduct
the
audit,
pursuant
to
the
applicable
terms
and
conditions
prescribed
by
sections
11.6
,
11.14
,
and
11.19
and
an
audit
format
prescribed
by
the
auditor
of
state.
Copies
of
each
audit
shall
be
furnished
to
the
division
department
in
a
manner
prescribed
by
the
division
department
.
Sec.
300.
Section
216A.99,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
administrator
department
shall
provide
financial
assistance
for
community
action
agencies
to
implement
community
action
programs,
as
permitted
by
the
community
service
block
grant,
administer
the
low-income
energy
assistance
block
grants,
department
of
energy
funds
for
weatherization
received
in
Iowa,
and
other
possible
funding
sources.
Sec.
301.
Section
216A.102,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Under
rules
developed
adopted
by
the
division
of
community
action
agencies
of
the
department
of
human
rights
and
adopted
by
the
board
,
the
fund
may
be
used
to
negotiate
reconnection
of
essential
utility
services
with
the
energy
provider.
Sec.
302.
Section
216A.104,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
general
assembly
finds
that
provision
of
assistance
to
prevent
utility
disconnections
will
also
prevent
the
development
of
public
health
risks
due
to
such
disconnections.
The
division
department
shall
establish
an
energy
utility
assessment
and
resolution
program
administered
by
each
community
action
agency
for
persons
with
low
incomes
who
have
or
need
a
deferred
payment
agreement
or
are
in
need
of
an
emergency
Senate
File
514,
p.
196
fuel
delivery
to
address
home
energy
utility
costs.
Sec.
303.
Section
216A.104,
subsection
2,
paragraphs
b
and
f,
Code
2023,
are
amended
to
read
as
follows:
b.
The
person
is
a
residential
customer
of
an
energy
utility
approved
for
the
program
by
the
division
department
.
f.
The
person
complies
with
other
eligibility
requirements
adopted
in
rules
by
the
division
department
.
Sec.
304.
Section
216A.107,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
family
development
and
self-sufficiency
council
is
established
within
the
department
of
human
rights
.
The
council
shall
consist
of
the
following
persons:
a.
The
director
of
the
department
of
human
services
or
the
director’s
designee.
b.
The
director
of
the
department
of
public
health
or
the
director’s
designee.
c.
The
administrator
of
the
division
of
community
action
agencies
of
the
department
of
human
rights
or
the
administrator’s
designee.
d.
b.
The
director
of
the
school
of
social
work
at
the
university
of
Iowa
or
the
director’s
designee.
e.
c.
The
dean
of
the
college
of
human
sciences
at
Iowa
state
university
or
the
dean’s
designee.
f.
d.
Two
recipients
or
former
recipients
of
the
family
investment
program,
selected
by
the
other
members
of
the
council.
g.
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.
h.
f.
One
member
representing
providers
of
services
to
victims
of
domestic
violence,
selected
by
the
other
members
of
the
council.
i.
g.
The
head
of
the
department
of
design,
textiles,
gerontology,
and
family
studies
at
the
university
of
northern
Iowa
or
that
person’s
designee.
j.
h.
The
director
of
the
department
of
education
or
the
director’s
designee.
k.
i.
The
director
of
the
department
of
workforce
development
or
the
director’s
designee.
Senate
File
514,
p.
197
l.
j.
Two
persons
representing
the
business
community,
selected
by
the
other
members
of
the
council.
m.
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
members
of
the
house
of
representatives
shall
be
appointed
one
each
by
the
speaker
and
the
minority
leader
of
the
house
of
representatives.
Sec.
305.
Section
216A.107,
subsection
3,
paragraph
c,
subparagraphs
(1)
and
(3),
Code
2023,
are
amended
to
read
as
follows:
(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
of
human
services
from
the
family
investment
program
which
meet
the
criteria.
The
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.
(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
abuse
use
disorder
treatment,
support
group
counseling,
food,
clothing,
and
housing.
Sec.
306.
Section
216A.107,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
a.
The
division
department
shall
administer
the
family
development
and
self-sufficiency
grant
program.
The
department
of
human
services
shall
disclose
to
the
division
confidential
information
pertaining
to
individuals
receiving
services
under
the
grant
program,
as
authorized
under
section
217.30
.
The
division
and
the
department
of
human
services
shall
share
information
and
data
necessary
for
tracking
performance
measures
of
the
family
development
and
self-sufficiency
grant
Senate
File
514,
p.
198
program,
for
referring
families
participating
in
the
promoting
independence
and
self-sufficiency
through
employment
job
opportunities
and
basic
skills
(PROMISE
JOBS)
program
under
section
239B.17
and
related
activities
and
programs
to
the
grant
program,
and
for
meeting
federal
reporting
requirements.
The
division
and
the
department
of
human
services
may
by
mutual
agreement,
as
specified
in
the
memorandum
of
agreement
entered
into
in
accordance
with
paragraph
“b”
,
add
to
or
delete
from
the
initial
shared
information
items
listed
in
this
lettered
paragraph.
The
initial
shared
information
shall
include
but
is
not
limited
to
all
of
the
following:
(1)
Family
enrollments
and
exits
to
and
from
each
of
the
programs.
(2)
Monthly
reports
of
individual
participant
activity
in
PROMISE
JOBS
components
that
are
countable
work
activities
according
to
federal
guidelines
applicable
to
those
components.
(3)
Aggregate
grant
program
participant
activity
in
all
PROMISE
JOBS
program
components.
(4)
Work
participation
rates
for
grant
program
participants
who
were
active
family
investment
program
participants.
(5)
The
average
hourly
wage
of
grant
program
participants
who
left
the
family
investment
program.
(6)
The
percentage
of
grant
program
participants
who
exited
from
the
grant
program
at
or
after
the
time
family
investment
program
participation
ended
and
did
not
reenroll
in
the
family
investment
program
for
at
least
one
year.
b.
The
division
shall
develop
a
memorandum
of
agreement
with
the
department
of
human
services
to
share
outcome
data
and
coordinate
referrals
and
delivery
of
services
to
participants
in
the
family
investment
program
under
chapter
239B
and
the
grant
program
and
other
shared
clients
and
shall
provide
the
department
of
human
services
with
information
necessary
for
compliance
with
federal
temporary
assistance
for
needy
families
block
grant
state
plan
and
reporting
requirements,
including
but
not
limited
to
financial
and
data
reports.
c.
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
Senate
File
514,
p.
199
with
the
block
grant,
the
division
department
shall
comply
with
all
federal
requirements
for
the
block
grant.
The
division
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.
d.
c.
The
division
department
shall
ensure
that
expenditures
of
moneys
appropriated
to
the
department
of
human
services
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.
e.
d.
The
commission
department
shall
consider
the
recommendations
of
the
council
in
adopting
rules
pertaining
to
the
grant
program.
f.
e.
The
division
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.
Sec.
307.
Section
216A.111,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Office”
means
the
office
of
deaf
services
of
the
department
of
human
rights
.
Sec.
308.
Section
216A.131,
Code
2023,
is
amended
to
read
as
follows:
216A.131
Definitions.
For
the
purpose
of
this
subchapter
,
unless
the
context
otherwise
requires:
1.
“Administrator”
means
the
administrator
of
the
division
of
criminal
and
juvenile
justice
planning.
2.
1.
“Board”
means
the
justice
advisory
board.
3.
2.
“Department”
means
the
department
of
health
and
human
rights
services
.
4.
“Division”
means
the
division
of
criminal
and
juvenile
justice
planning.
Sec.
309.
Section
216A.131A,
Code
2023,
is
amended
to
read
Senate
File
514,
p.
200
as
follows:
216A.131A
Division
of
criminal
Criminal
and
juvenile
justice
planning.
The
division
of
criminal
and
juvenile
justice
planning
is
established
to
department
shall
fulfill
the
responsibilities
of
this
subchapter
,
including
the
duties
specified
in
sections
216A.135
,
216A.136
,
216A.137
,
216A.138
,
and
216A.140
.
Sec.
310.
Section
216A.132,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Additional
voting
members
of
the
board,
each
serving
a
four-year
term,
shall
include
one
representative
from
each
of
the
following:
(1)
The
Iowa
coalition
against
sexual
assault.
(2)
The
American
civil
liberties
union
of
Iowa.
(3)
The
Iowa
county
attorneys
association.
(4)
The
department
of
health
and
human
services.
(5)
The
department
of
corrections.
(6)
A
judicial
district
department
of
correctional
services.
(7)
The
department
of
public
safety.
(8)
The
office
on
the
status
of
African
Americans.
(9)
The
department
of
public
health.
(10)
(8)
The
board
of
parole.
(11)
(9)
The
department
of
justice.
(12)
(10)
The
state
public
defender.
(13)
(11)
The
governor’s
office
of
drug
control
policy.
Sec.
311.
Section
216A.132,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Members
of
the
board
shall
receive
reimbursement
from
the
state
for
actual
and
necessary
expenses
incurred
in
the
performance
of
their
official
duties
and
may
also
be
eligible
to
receive
compensation
as
provided
in
section
7E.6
.
All
expense
moneys
paid
to
nonlegislative
members
shall
be
paid
from
funds
appropriated
to
the
division
department
.
Legislative
members
shall
receive
compensation
as
provided
in
sections
2.10
and
2.12
.
Sec.
312.
Section
216A.133,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
board
shall
advise
the
division
department
on
its
administration
of
state
and
federal
grants
and
appropriations
Senate
File
514,
p.
201
and
shall
carry
out
other
functions
consistent
with
this
subchapter
.
Sec.
313.
Section
216A.133,
subsection
3,
paragraphs
i,
j,
k,
l,
and
r,
Code
2023,
are
amended
to
read
as
follows:
i.
Providing
input
to
the
department
director
in
the
development
of
budget
recommendations
for
the
division
department
.
j.
Coordinating
with
the
administrator
to
develop
and
make
Developing
and
making
recommendations
to
the
department
director
pursuant
to
section
216A.2
.
k.
Serving
as
a
liaison
between
the
division
department
and
the
public,
sharing
information
and
gathering
constituency
input.
l.
Recommending
to
the
department
the
adoption
of
rules
pursuant
to
chapter
17A
as
it
deems
necessary
for
the
board
and
division
department
.
r.
Reviewing
data
supplied
by
the
division
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.
Sec.
314.
Section
216A.136,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
division
department
shall
maintain
an
Iowa
statistical
analysis
center
for
the
purpose
of
coordinating
with
data
resource
agencies
to
provide
data
and
analytical
information
to
federal,
state,
and
local
governments,
and
assist
agencies
in
the
use
of
criminal
and
juvenile
justice
data.
Notwithstanding
any
other
provision
of
state
law,
unless
prohibited
by
federal
law
or
regulation,
the
division
department
shall
be
granted
access,
for
purposes
of
research
and
evaluation,
to
criminal
history
records,
official
juvenile
court
records,
juvenile
court
social
records,
and
any
other
data
collected
or
under
control
of
the
board
of
parole,
department
of
corrections,
department
of
workforce
development,
district
departments
of
correctional
services,
department
of
human
services,
judicial
branch,
and
department
of
public
safety.
However,
intelligence
data
and
peace
officer
investigative
reports
maintained
by
the
department
of
public
safety
shall
not
be
considered
data
for
Senate
File
514,
p.
202
the
purposes
of
this
section
.
Any
record,
data,
or
information
obtained
by
the
division
department
under
this
section
and
the
division
department
itself
is
subject
to
the
federal
and
state
confidentiality
laws
and
regulations
which
are
applicable
to
the
original
record,
data,
or
information
obtained
by
the
division
department
and
to
the
original
custodian
of
the
record,
data,
or
information.
The
access
shall
include
but
is
not
limited
to
all
of
the
following:
Sec.
315.
Section
216A.137,
Code
2023,
is
amended
to
read
as
follows:
216A.137
Correctional
policy
project.
1.
The
division
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
shall
identify
and
prioritize
the
issues
and
studies
to
be
addressed
by
the
division
department
through
this
project
and
shall
report
project
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.
2.
The
division
department
may
form
subcommittees
for
the
purpose
of
addressing
major
correctional
issues
affecting
the
criminal
and
juvenile
justice
system.
The
division
department
shall
establish
a
subcommittee
to
address
issues
specifically
affecting
the
juvenile
justice
system.
Sec.
316.
Section
216A.138,
subsections
1,
2,
4,
and
7,
Code
2023,
are
amended
to
read
as
follows:
1.
The
division
department
shall
coordinate
the
development
of
a
multiagency
database
to
track
the
progress
of
juveniles
through
various
state
and
local
agencies
and
programs.
The
division
department
shall
develop
a
plan
which
utilizes
existing
databases,
including
the
Iowa
court
information
system,
the
federally
mandated
national
adoption
and
foster
Senate
File
514,
p.
203
care
information
system,
and
the
other
state
and
local
databases
pertaining
to
juveniles,
to
the
extent
possible.
2.
The
department
of
human
services,
department
of
corrections,
judicial
branch,
department
of
public
safety,
department
of
education,
local
school
districts,
and
other
state
agencies
and
political
subdivisions
shall
cooperate
with
the
division
department
in
the
development
of
the
plan.
4.
The
division
department
shall
develop
the
plan
within
the
context
of
existing
federal
privacy
and
confidentiality
requirements.
The
plan
shall
build
upon
existing
resources
and
facilities
to
the
extent
possible.
7.
If
the
division
department
has
insufficient
funds
and
resources
to
implement
this
section
,
the
division
department
shall
determine
what,
if
any,
portion
of
this
section
may
be
implemented,
and
the
remainder
of
this
section
shall
not
apply.
Sec.
317.
Section
216A.140,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
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.
Iowa
commission
on
volunteer
service
in
the
office
of
the
governor.
c.
b.
Department
of
education.
d.
Department
of
human
rights.
e.
Department
of
human
services.
f.
c.
Department
of
public
health
and
human
services
.
g.
d.
Department
of
workforce
development.
h.
e.
Governor’s
office
Office
of
drug
control
policy.
i.
f.
Iowa
cooperative
extension
service
in
agriculture
and
home
economics.
j.
Early
childhood
Iowa
office
in
the
department
of
management.
Sec.
318.
Section
216A.140,
subsection
8,
paragraphs
b
and
c,
Code
2023,
are
amended
to
read
as
follows:
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
Senate
File
514,
p.
204
department
director
,
or
the
director’s
designee
,
shall
select
council
members
using
an
application
process.
The
department
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
department
director
or
the
director’s
designee.
Sec.
319.
Section
216A.141,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Office”
means
the
office
on
the
status
of
African
Americans
of
the
department
of
human
rights
.
Sec.
320.
Section
216A.151,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
“Office”
means
the
office
of
Asian
and
Pacific
Islander
affairs
of
the
department
of
human
rights
.
Sec.
321.
Section
216A.161,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Office”
means
the
office
of
Native
American
affairs
of
the
department
of
human
rights
.
Sec.
322.
Section
216D.2,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Public
office
building”
means
the
state
capitol,
all
county
courthouses,
all
city
halls,
and
all
buildings
used
primarily
for
governmental
offices
of
the
state
or
any
county
or
city.
It
does
not
include
public
schools
or
buildings
at
institutions
of
the
state
board
of
regents
or
the
state
department
of
health
and
human
services.
Sec.
323.
NEW
SECTION
.
217.01
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Council”
means
the
council
on
health
and
human
services.
2.
“Department”
means
the
department
of
health
and
human
services.
3.
“Director”
means
the
director
of
health
and
human
services.
Sec.
324.
Section
217.1,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
205
follows:
217.1
Programs
of
department.
There
is
established
a
department
of
health
and
human
services
to
administer
programs
designed
to
protect
and
improve
the
health,
well-being
,
and
productivity
of
the
people
of
the
state
of
Iowa.
The
department
shall
concern
itself
with
the
problems
of
human
behavior,
adjustment,
and
daily
living
through
the
administration
of
programs
of
family,
child,
and
adult
welfare,
economic
assistance
including
costs
of
medical
care,
rehabilitation
toward
self-care
and
support,
delinquency
prevention
and
control,
treatment
and
rehabilitation
of
juvenile
offenders,
care
and
treatment
of
persons
with
mental
illness
or
an
intellectual
disability,
public
health,
and
other
related
programs
as
provided
by
law.
Sec.
325.
Section
217.2,
Code
2023,
is
amended
to
read
as
follows:
217.2
Council
on
health
and
human
services.
1.
a.
There
is
created
within
the
department
of
human
services
a
council
on
health
and
human
services
which
shall
act
in
a
policymaking
and
advisory
capacity
on
matters
within
the
jurisdiction
of
the
department.
The
council
shall
consist
of
seven
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.
b.
Each
term
of
a
voting
member
shall
commence
and
end
as
provided
by
section
69.19
.
c.
All
voting
members
of
the
council
shall
be
electors
of
the
state
of
Iowa.
No
more
than
four
five
members
shall
belong
to
the
same
political
party
and
no
more
than
two
three
members
shall,
at
the
time
of
appointment,
reside
in
the
same
congressional
district.
At
least
one
member
of
the
council
shall
be
a
member
of
a
county
board
of
supervisors
at
the
time
of
appointment
to
the
council.
At
least
one
member
of
the
council
shall
be
a
physician
licensed
to
practice
medicine
in
Senate
File
514,
p.
206
Iowa.
Vacancies
occurring
during
a
term
of
office
shall
be
filled
in
the
same
manner
as
the
original
appointment
for
the
balance
of
the
unexpired
term
subject
to
confirmation
by
the
senate.
2.
In
addition
to
the
voting
members
described
in
subsection
1
,
the
membership
of
the
council
shall
include
four
legislators
as
ex
officio,
nonvoting
members.
The
four
legislators
shall
be
appointed
one
each
by
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
for
terms
as
provided
in
section
69.16B
.
Sec.
326.
Section
217.3,
Code
2023,
is
amended
to
read
as
follows:
217.3
Duties
of
council.
The
council
on
human
services
shall:
1.
Organize
annually
and
select
a
chairperson
and
vice
chairperson.
2.
Adopt
and
establish
policy
for
the
operation
and
conduct
of
the
department
of
human
services
,
subject
to
any
guidelines
which
may
be
adopted
by
the
general
assembly,
and
the
implementation
of
all
services
and
programs
thereunder
administered
by
the
department
.
3.
Report
immediately
to
the
governor
any
failure
by
the
director
or
any
administrator
of
the
department
of
human
services
to
carry
out
any
of
the
policy
decisions
or
directives
of
the
council.
4.
Approve
the
budget
of
the
department
of
human
services
prior
to
submission
to
the
governor.
Prior
to
approval
of
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
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
Senate
File
514,
p.
207
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
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
director
or
administrators
of
divisions
hereinafter
established
department
prior
to
their
promulgation
pursuant
to
chapter
17A
.
7.
Approve
the
establishment
of
any
new
division
or
reorganization,
consolidation
or
abolition
of
any
established
division
prior
to
the
same
becoming
effective.
8.
7.
Recommend
to
the
governor
the
names
of
individuals
qualified
for
the
position
of
director
of
human
services
when
a
vacancy
exists
in
the
office.
Sec.
327.
Section
217.3A,
Code
2023,
is
amended
to
read
as
follows:
217.3A
Advisory
committees.
1.
General.
The
council
on
human
services
shall
establish
and
utilize
the
advisory
committee
identified
in
this
section
and
may
establish
and
utilize
other
ad
hoc
advisory
committees
as
determined
necessary
to
advise
the
council
.
The
council
shall
establish
appointment
provisions,
membership
terms,
operating
guidelines,
and
other
operational
requirements
for
committees
established
pursuant
to
this
section
.
2.
Child
abuse
prevention.
The
council
shall
establish
a
child
abuse
prevention
program
advisory
committee
to
support
the
child
abuse
prevention
program
implemented
in
accordance
with
section
235A.1
.
The
duties
of
the
advisory
committee
shall
Senate
File
514,
p.
208
include
all
of
the
following:
a.
Advise
the
director
of
human
services
and
the
administrator
of
the
division
of
the
department
of
human
services
responsible
for
child
and
family
programs
regarding
expenditures
of
funds
received
for
the
child
abuse
prevention
program.
b.
Review
the
implementation
and
effectiveness
of
legislation
and
administrative
rules
concerning
the
child
abuse
prevention
program.
c.
Recommend
changes
in
legislation
and
administrative
rules
to
the
general
assembly
and
the
appropriate
administrative
officials.
d.
Require
reports
from
state
agencies
and
other
entities
as
necessary
to
perform
its
duties.
e.
Receive
and
review
complaints
from
the
public
concerning
the
operation
and
management
of
the
child
abuse
prevention
program.
f.
Approve
grant
proposals.
Sec.
328.
Section
217.4,
Code
2023,
is
amended
to
read
as
follows:
217.4
Meetings
of
council.
The
council
shall
meet
at
least
monthly.
Additional
meetings
shall
be
called
by
the
chairperson
or
upon
written
request
of
any
three
council
members
thereof
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.
329.
Section
217.5,
Code
2023,
is
amended
to
read
as
follows:
217.5
Director
of
health
and
human
services.
The
chief
administrative
officer
for
the
department
of
human
services
is
the
director
of
human
services
.
The
director
shall
be
appointed
by
the
governor
subject
to
confirmation
by
the
senate
and
shall
serve
at
the
pleasure
of
the
governor.
The
governor
shall
fill
a
vacancy
in
this
office
in
the
same
manner
as
the
original
appointment
was
made.
The
director
shall
be
selected
primarily
for
administrative
ability.
The
director
Senate
File
514,
p.
209
shall
not
be
selected
on
the
basis
of
political
affiliation
and
shall
not
engage
in
political
activity
while
holding
this
position.
Sec.
330.
NEW
SECTION
.
217.5A
Attorneys
——
legal
counsel
and
advice.
Notwithstanding
section
13.7,
the
department
may
employ
or
retain
attorneys
to
provide
legal
counsel
and
advice.
However,
section
13.7
shall
govern
the
employment
or
retention
of
attorneys
by
the
department
to
represent
the
department
in
any
action
or
proceeding
brought
in
any
court
or
tribunal.
Sec.
331.
Section
217.6,
Code
2023,
is
amended
to
read
as
follows:
217.6
Rules
and
regulations
——
organization
of
department.
1.
The
director
is
hereby
authorized
to
may
recommend
to
the
council
for
adoption
such
rules
and
regulations
as
are
necessary
to
carry
into
practice
administer
the
duties,
functions,
and
programs
of
the
various
divisions
and
to
establish
such
divisions
and
to
assign
or
reassign
duties,
powers,
and
responsibilities
within
the
department
,
all
with
the
approval
of
the
council
on
human
services,
within
the
department
as
the
director
deems
necessary
and
appropriate
for
the
proper
administration
of
the
duties,
functions
and
programs
with
which
the
department
is
charged
.
Any
action
taken,
decision
made,
or
administrative
rule
adopted
by
any
administrator
of
a
division
may
be
reviewed
by
the
director.
The
director,
upon
such
review,
may
affirm,
modify,
or
reverse
any
such
action,
decision,
or
rule.
2.
The
rules
and
regulations
adopted
for
the
public
benefits
and
programs
administered
by
the
department
of
human
services
shall
apply
the
residency
eligibility
restrictions
required
by
federal
and
state
law.
3.
The
director
shall
organize
the
department
of
human
services
into
divisions
subunits
as
necessary
to
most
efficiently
carry
out
in
an
efficient
manner
the
intent
of
this
chapter
and
any
other
chapter
the
department
is
responsible
for
administering
.
The
department
of
human
services
may
be
initially
divided
into
the
following
divisions
of
responsibility:
a.
The
division
of
child
and
family
services.
Senate
File
514,
p.
210
b.
The
division
of
mental
health
and
disability
services.
c.
The
division
of
administration.
d.
The
division
of
planning,
research,
and
statistics.
4.
If
the
department
of
human
services
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.
332.
Section
217.13,
Code
2023,
is
amended
to
read
as
follows:
217.13
Department
to
provide
certain
volunteer
services
——
volunteer
liability.
1.
The
department
of
human
services
shall
establish
volunteer
programs
designed
to
enhance
the
services
provided
by
the
department.
Roles
for
volunteers
may
include
but
shall
not
be
limited
to
parent
aides,
friendly
visitors,
commodity
distributors,
clerical
assistants,
medical
transporters,
and
other
functions
to
complement
and
supplement
the
department’s
work
with
clients.
Roles
for
volunteers
shall
include
conservators
and
guardians.
The
department
shall
adopt
rules
for
programs
which
are
established.
2.
a.
The
director
shall
appoint
a
coordinator
of
volunteer
services
to
oversee
the
provision
of
services
of
volunteer
conservators
and
guardians
on
a
volunteer
basis
to
individuals
in
this
state
requiring
such
services.
The
coordinator,
after
consulting
with
personnel
assigned
to
the
district
of
the
department,
shall
recommend
to
the
director
how
best
to
serve
the
needs
of
individuals
in
need
of
the
services
of
a
guardian
or
conservator.
Where
possible,
the
coordinator
shall
recommend
that
the
services
be
provided
on
a
multicounty
basis.
b.
The
coordinator
shall
cooperate
with
the
administrators
of
the
divisions
of
the
department
in
providing
these
services
and
shall
seek
out
alternative
sources
for
providing
the
services
required
under
this
section
.
3.
All
volunteers
registered
with
the
department
and
in
compliance
with
departmental
rules
are
considered
state
employees
for
purposes
of
chapter
669
.
However,
this
section
does
not
except
a
conservator
or
guardian
from
an
action
brought
Senate
File
514,
p.
211
under
section
658.1A
or
658.3
.
This
section
does
not
relieve
a
guardian
or
conservator
from
duties
under
chapter
633
.
Sec.
333.
Section
217.18,
Code
2023,
is
amended
to
read
as
follows:
217.18
Official
seal.
The
department
shall
have
an
official
seal
with
the
words
“Iowa
Department
of
Health
and
Human
Services”
and
such
other
design
as
the
department
prescribes
engraved
thereon
on
the
seal
.
Every
commission,
order
,
or
other
paper
of
an
official
nature
executed
by
the
department
may
be
attested
with
such
the
seal.
Sec.
334.
Section
217.19,
Code
2023,
is
amended
to
read
as
follows:
217.19
Expenses.
1.
The
director
of
said
department,
and
the
director’s
staff,
assistants
,
and
employees
shall,
in
addition
to
salary,
receive
their
necessary
traveling
expenses
by
the
nearest
traveled
and
practicable
route,
when
engaged
in
the
performance
of
official
business.
2.
The
department
of
administrative
services
shall
work
with
the
department
of
human
services
to
develop
and
implement
an
expense
policy
applicable
to
the
members
of
a
board,
commission,
committee,
or
other
body
under
the
auspices
of
the
department
of
human
services
who
meet
the
income
requirements
for
payment
of
per
diem
in
accordance
with
section
7E.6,
subsection
2
.
The
policy
shall
allow
for
the
payment
of
the
member’s
expenses
to
be
addressed
through
use
of
direct
billings,
travel
purchase
card,
prepaid
expenses,
or
other
alternative
means
of
addressing
the
expenses
in
lieu
of
reimbursement
of
the
member.
Sec.
335.
Section
217.21,
Code
2023,
is
amended
to
read
as
follows:
217.21
Annual
report.
The
department
shall,
annually,
at
the
time
provided
by
law
make
a
report
to
the
governor
and
general
assembly,
and
cover
therein
in
the
report
the
annual
period
ending
with
June
30
preceding,
which
report
shall
embrace
include
:
1.
An
itemized
statement
of
its
the
department’s
expenditures
concerning
each
program
under
its
the
department’s
administration.
Senate
File
514,
p.
212
2.
Adequate
and
complete
statistical
reports
for
the
state
as
a
whole
concerning
all
payments
made
under
its
the
department’s
administration.
3.
Such
recommendations
as
to
changes
in
laws
under
its
the
department’s
administration
as
the
director
may
deem
necessary.
4.
The
observations
and
recommendations
of
the
director
and
the
council
on
human
services
relative
to
the
programs
of
the
department.
5.
Such
other
information
as
the
director
or
council
on
human
services
may
deem
deems
advisable,
or
which
may
be
requested
by
the
governor
or
by
the
general
assembly.
Sec.
336.
Section
217.23,
Code
2023,
is
amended
to
read
as
follows:
217.23
Personnel
——
merit
system
——
reimbursement
for
damaged
property.
1.
The
director
of
human
services
or
the
director’s
designee,
shall
employ
such
personnel
as
are
necessary
for
the
performance
of
the
duties
and
responsibilities
assigned
to
the
department.
All
employees
shall
be
selected
on
a
basis
of
fitness
for
the
work
to
be
performed
with
due
regard
to
training
and
experience
and
shall
be
subject
to
the
provisions
of
chapter
8A,
subchapter
IV
.
2.
The
department
may
expend
moneys
from
the
support
allocation
of
the
department
as
reimbursement
for
replacement
or
repair
of
personal
items
of
the
department’s
employees
damaged
or
destroyed
by
clients
of
the
department
during
the
employee’s
tour
of
duty.
However,
the
reimbursement
shall
not
exceed
three
hundred
dollars
for
each
item.
The
department
shall
establish
rules
in
accordance
with
chapter
17A
to
carry
out
the
purpose
of
this
section
.
Sec.
337.
Section
217.24,
Code
2023,
is
amended
to
read
as
follows:
217.24
Payment
by
electronic
funds
transfer.
The
department
of
human
services
shall
continue
expanding
the
practice
of
making
payments
to
program
participants
and
vendors
by
means
of
electronic
funds
transfer.
The
department
shall
seek
the
capacity
for
making
payment
by
such
means
for
all
programs
administered
by
the
department.
Sec.
338.
Section
217.32,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
213
follows:
217.32
Office
space
in
county.
Where
When
the
department
of
human
services
assigns
personnel
to
an
office
located
in
a
county
for
the
purpose
of
performing
in
that
county
designated
eligibility
for
economic
and
medical
assistance
programs
and
protective
services
duties
and
responsibilities
assigned
by
law
to
the
department,
it
shall
be
the
responsibility
of
the
county
to
provide
and
maintain
the
necessary
office
space
and
office
supplies
and
equipment
for
the
personnel
so
assigned
in
the
same
manner
as
if
they
were
employees
of
the
county.
The
department
shall
at
least
annually,
or
more
frequently
if
the
department
so
elects,
reimburse
the
county
for
a
portion,
designated
by
law,
of
the
cost
of
maintaining
office
space
and
providing
supplies
and
equipment
as
required
by
this
section
,
and
also
for
a
similar
portion
of
the
cost
of
providing
the
necessary
office
space
if
in
order
to
do
so
it
is
necessary
for
the
county
to
lease
office
space
outside
the
courthouse
or
any
other
building
owned
by
the
county.
The
portion
of
the
foregoing
costs
reimbursed
to
the
county
under
this
section
shall
be
equivalent
to
the
proportion
of
those
costs
which
the
federal
government
authorizes
to
be
paid
from
available
federal
funds,
unless
the
general
assembly
directs
otherwise
when
appropriating
funds
for
support
of
the
department.
Sec.
339.
Section
217.33,
Code
2023,
is
amended
to
read
as
follows:
217.33
Legal
services.
The
director
of
human
services
pursuant
to
a
state
plan
funded
in
part
by
the
federal
government
may
provide
services
for
eligible
persons
by
contract
with
nonprofit
legal
aid
organizations.
Sec.
340.
Section
217.34,
Code
2023,
is
amended
to
read
as
follows:
217.34
Debt
setoff.
The
investigations
division
of
the
department
of
inspections
and
appeals
and
the
department
of
human
services
shall
provide
assistance
to
set
off
against
a
person’s
or
provider’s
income
tax
refund
or
rebate
any
debt
which
has
accrued
through
written
contract,
nonpayment
of
premiums
pursuant
to
section
249A.3,
Senate
File
514,
p.
214
subsection
2
,
paragraph
“a”
,
subparagraph
(1),
subrogation,
departmental
recoupment
procedures,
or
court
judgment
and
which
is
in
the
form
of
a
liquidated
sum
due
and
owing
the
department
of
human
services
.
The
department
of
inspections
and
appeals,
with
approval
of
the
department
of
human
services
,
shall
adopt
rules
under
chapter
17A
necessary
to
assist
the
department
of
administrative
services
in
the
implementation
of
the
setoff
under
section
8A.504
in
regard
to
money
owed
to
the
state
for
public
assistance
overpayments
or
nonpayment
of
premiums
as
specified
in
this
section
.
The
department
of
human
services
shall
adopt
rules
under
chapter
17A
necessary
to
assist
the
department
of
administrative
services
in
the
implementation
of
the
setoff
under
section
8A.504
,
in
regard
to
collections
by
the
child
support
recovery
unit
services
and
the
foster
care
recovery
unit
services
.
Sec.
341.
Section
217.35,
Code
2023,
is
amended
to
read
as
follows:
217.35
Fraud
and
recoupment
activities.
Notwithstanding
the
requirement
for
deposit
of
recovered
moneys
under
section
239B.14
,
recovered
moneys
generated
through
fraud
and
recoupment
activities
are
appropriated
to
the
department
of
human
services
to
be
used
for
additional
fraud
and
recoupment
activities
performed
by
the
department
of
human
services
or
the
department
of
inspections
and
appeals.
The
department
of
human
services
may
use
the
recovered
moneys
appropriated
to
add
not
more
than
five
full-time
equivalent
positions,
in
addition
to
those
funded
by
annual
appropriations.
The
appropriation
of
the
recovered
moneys
is
subject
to
both
of
the
following
conditions:
1.
The
director
of
human
services
determines
that
the
investment
can
reasonably
be
expected
to
increase
recovery
of
assistance
paid
in
error,
due
to
fraudulent
or
nonfraudulent
actions,
in
excess
of
the
amount
recovered
in
the
previous
fiscal
year.
2.
The
amount
expended
for
the
additional
fraud
and
recoupment
activities
shall
not
exceed
the
amount
of
the
projected
increase
in
assistance
recovered.
Sec.
342.
Section
217.36,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
215
217.36
Distribution
of
earned
income
tax
credit
information.
1.
The
department
shall
ensure
that
educational
materials
relating
to
the
federal
and
state
earned
income
tax
credits
are
provided
in
accordance
with
this
section
to
each
household
receiving
assistance
or
benefits
under:
a.
The
hawk-i
Hawki
program
under
chapter
514I
.
b.
The
family
investment
program
under
chapter
239B
.
c.
The
medical
assistance
Act
program
under
chapter
249A
.
d.
The
food
programs
defined
in
section
234.1
which
are
administered
by
the
department.
e.
Any
other
appropriate
programs
administered
by,
or
under
the
oversight
of,
the
department
of
human
services
.
2.
The
department
shall,
by
mail
or
through
the
internet,
provide
a
household
described
in
subsection
1
with
access
to:
a.
Internal
revenue
service
publications
relating
to
the
federal
earned
income
tax
credit.
b.
Department
of
revenue
publications
relating
to
the
state
earned
income
tax
credit.
c.
Information
prepared
by
tax
preparers
who
provide
volunteer
or
free
federal
or
state
income
tax
preparation
services
to
low-income
and
other
eligible
persons
and
who
are
located
in
close
geographic
proximity
to
the
person.
3.
In
January
of
each
year,
the
department
or
a
representative
of
the
department
shall
mail
to
each
household
described
in
subsection
1
information
about
the
federal
and
state
earned
income
tax
credit
that
provides
the
household
with
referrals
to
the
resources
described
in
subsection
2
.
4.
The
mailings
required
by
the
department
under
this
section
do
not
have
to
be
made
as
a
separate
mailing
but
may
be
included
in
existing
mailings
being
made
to
the
appropriate
households.
Sec.
343.
Section
217.40,
Code
2023,
is
amended
to
read
as
follows:
217.40
Training
for
guardians
and
conservators.
The
department
of
human
services
,
or
a
person
designated
by
the
director,
shall
establish
training
programs
designed
to
assist
all
duly
appointed
guardians
and
conservators
in
understanding
their
fiduciary
duties
and
liabilities,
the
special
needs
of
the
ward,
and
how
to
best
serve
the
ward
and
Senate
File
514,
p.
216
the
ward’s
interests.
Sec.
344.
Section
217.41,
Code
2023,
is
amended
to
read
as
follows:
217.41
Refugee
services
foundation.
1.
The
department
of
human
services
shall
cause
a
refugee
services
foundation
to
be
created
for
the
sole
purpose
of
engaging
in
refugee
resettlement
activities
to
promote
the
welfare
and
self-sufficiency
of
refugees
who
live
in
Iowa
and
who
are
not
citizens
of
the
United
States.
The
foundation
may
establish
an
endowment
fund
to
assist
in
the
financing
of
its
activities.
The
foundation
shall
be
incorporated
under
chapter
504
.
2.
The
foundation
shall
be
created
in
a
manner
so
that
donations
and
bequests
to
the
foundation
qualify
as
tax
deductible
under
federal
and
state
income
tax
laws.
The
foundation
is
not
a
state
agency
and
shall
not
exercise
sovereign
power
of
the
state.
The
state
is
not
liable
for
any
debts
of
the
foundation.
3.
The
refugee
services
foundation
shall
have
a
board
of
directors
of
five
members.
One
member
shall
be
appointed
by
the
governor
and
four
members
shall
be
appointed
by
the
director
of
human
services
.
Members
of
the
board
shall
serve
three-year
terms
beginning
on
July
1,
and
ending
on
June
30.
A
vacancy
on
the
board
shall
be
filled
in
the
same
manner
as
the
original
appointment
for
the
remainder
of
the
term.
Not
more
than
two
members
appointed
by
the
director
of
human
services
shall
be
of
the
same
gender
or
of
the
same
political
party.
4.
The
refugee
services
foundation
may
accept
and
administer
trusts
deemed
by
the
board
to
be
beneficial.
Notwithstanding
section
633.63
,
the
foundation
may
act
as
trustee
of
such
a
trust.
Sec.
345.
Section
217.41B,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
department
of
human
services
shall
discontinue
the
Medicaid
family
planning
network
waiver
effective
July
1,
2017,
and
shall
instead
establish
a
state
family
planning
services
program.
The
state
program
shall
replicate
the
eligibility
requirements
and
other
provisions
included
in
the
Medicaid
family
planning
network
waiver
as
approved
by
the
centers
for
Senate
File
514,
p.
217
Medicare
and
Medicaid
services
of
the
United
States
department
of
health
and
human
services
in
effect
on
June
30,
2017.
Sec.
346.
Section
217.41B,
subsection
3,
paragraph
a,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
The
department
of
human
services
shall
adopt
rules
pursuant
to
chapter
17A
to
require
that
as
a
condition
of
eligibility
as
a
provider
under
the
family
planning
services
program,
each
distinct
location
of
a
nonprofit
health
care
delivery
system
shall
enroll
in
the
program
as
a
separate
provider,
be
assigned
a
distinct
provider
identification
number,
and
complete
an
attestation
that
abortions
are
not
performed
at
the
distinct
location.
Sec.
347.
Section
217.41C,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
department
of
human
services
shall
create
the
more
options
for
maternal
support
program,
a
statewide
program
to
promote
healthy
pregnancies
and
childbirth
through
nonprofit
organizations
that
provide
pregnancy
support
services.
Sec.
348.
Section
217.41C,
subsection
3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
of
human
services
shall
issue
a
request
for
proposals
to
select
a
program
administrator
for
the
program.
A
program
administrator
shall
meet
all
of
the
following
requirements:
Sec.
349.
Section
217.41C,
subsections
5
and
6,
Code
2023,
are
amended
to
read
as
follows:
5.
The
department
of
human
services
shall
publish
the
program
administrator
and
subcontractor
criteria
on
the
department’s
internet
site.
6.
The
department
of
human
services
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
the
program,
and
shall
provide
technical
assistance
to
the
program
administrator,
monitor
the
program
administrator
for
adherence
to
state
and
federal
requirements,
and
collect
and
maintain
program
data.
Sec.
350.
Section
217.41C,
subsection
7,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Beginning
October
1,
2023,
and
on
or
before
October
1
annually
thereafter,
the
department
of
human
services
shall
submit
to
the
general
assembly
the
following
program
Senate
File
514,
p.
218
information
relative
to
the
prior
fiscal
year:
Sec.
351.
Section
217.42,
Code
2023,
is
amended
to
read
as
follows:
217.42
Service
areas
——
County
offices.
1.
The
organizational
structure
to
deliver
the
department’s
field
services
shall
be
based
upon
service
areas
designated
by
the
department.
The
service
areas
shall
serve
as
a
basis
for
providing
field
services
to
persons
residing
in
the
counties
comprising
the
service
area.
2.
1.
The
department
shall
maintain
an
office
in
each
county.
Based
on
the
annual
appropriations
for
field
operations,
the
department
shall
strive
to
maintain
a
full-time
presence
in
each
county.
If
it
is
not
possible
to
maintain
a
full-time
presence
in
each
county,
the
department
shall
provide
staff
based
on
its
caseweight
system
to
assure
the
provision
of
services.
The
department
shall
consult
with
the
county
boards
of
supervisors
of
those
counties
regarding
staffing
prior
to
any
modification
of
office
hours.
3.
2.
A
county
or
group
of
counties
may
voluntarily
enter
into
a
chapter
28E
agreement
with
the
department
to
provide
funding
or
staff
persons
to
deliver
field
services
in
county
offices.
The
agreement
shall
cover
the
full
fiscal
year
but
may
be
revised
by
mutual
consent.
Sec.
352.
Section
217.43,
Code
2023,
is
amended
to
read
as
follows:
217.43
Service
area
County
advisory
boards
——
location
of
county
offices.
1.
a.
The
department
shall
establish
a
service
area
one
or
more
advisory
board
in
each
service
area
boards
.
Each
of
the
county
boards
of
supervisors
of
the
counties
comprising
the
service
area
shall
appoint
two
service
area
advisory
board
members.
All
of
the
following
requirements
apply
to
the
appointments
made
by
a
county
board
of
supervisors:
(1)
The
membership
shall
be
appointed
in
accordance
with
section
69.16
,
relating
to
political
affiliation,
and
section
69.16A
,
relating
to
gender
balance.
(2)
Not
more
than
one
of
the
members
shall
be
a
member
of
the
board
of
supervisors.
(3)
Appointments
shall
be
made
on
the
basis
of
interest
in
Senate
File
514,
p.
219
maintaining
and
improving
service
delivery.
b.
Appointments
shall
be
made
a
part
of
the
regular
proceedings
of
the
board
of
supervisors
and
shall
be
filed
with
the
county
auditor
and
the
service
area
manager
department
.
A
vacancy
on
the
board
shall
be
filled
in
the
same
manner
as
the
original
appointment.
c.
The
boards
of
supervisors
shall
develop
and
agree
to
other
organizational
provisions
involving
the
advisory
board,
including
reporting
requirements.
2.
The
purpose
of
the
advisory
boards
is
to
improve
communication
and
coordination
between
the
department
and
the
counties
and
to
advise
the
department
regarding
maintenance
and
improvement
of
service
delivery
in
the
counties
and
communities
comprising
the
service
areas
.
3.
The
department
shall
determine
the
community
in
which
each
county
office
will
be
located.
The
county
board
of
supervisors
shall
determine
the
location
of
the
office
space
for
the
county
office.
The
county
board
of
supervisors
shall
make
reasonable
efforts
to
collocate
the
office
with
other
state
and
local
government
or
private
entity
offices
in
order
to
maintain
the
offices
in
a
cost-effective
location
that
is
convenient
to
the
public.
Sec.
353.
Section
217.44,
Code
2023,
is
amended
to
read
as
follows:
217.44
Service
areas
Department
offices
——
employee
and
volunteer
record
checks.
1.
The
record
check
evaluation
system
of
the
department
shall
conduct
criminal
and
child
and
dependent
adult
abuse
record
checks
of
persons
who
are
potential
employees,
employees,
potential
volunteers,
and
volunteers
in
service
area
department
offices
in
a
position
having
direct
contact
with
the
department’s
clients.
The
record
checks
shall
be
performed
in
this
state
and
the
department
record
check
evaluation
system
may
conduct
these
checks
in
other
states.
If
the
department
record
check
evaluation
system
determines
that
a
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
or
dependent
adult
abuse,
the
department
record
check
evaluation
system
shall
perform
an
evaluation
to
determine
whether
the
crime
or
founded
abuse
warrants
prohibition
of
the
person’s
Senate
File
514,
p.
220
employment
or
participation
as
a
volunteer.
The
record
checks
and
evaluation
shall
be
performed
in
accordance
with
procedures
adopted
for
this
purpose
by
the
department.
2.
In
an
evaluation,
the
department
record
check
evaluation
system
shall
consider
the
nature
and
seriousness
of
the
crime
or
founded
child
or
dependent
adult
abuse
in
relation
to
the
position
sought
or
held,
the
time
elapsed
since
the
commission
of
the
crime
or
founded
abuse,
the
circumstances
under
which
the
crime
or
founded
abuse
was
committed,
the
degree
of
rehabilitation,
the
likelihood
that
the
person
will
commit
the
crime
or
founded
abuse
again,
and
the
number
of
crimes
or
founded
abuses
committed
by
the
person
involved.
3.
The
department
record
check
evaluation
system
may
permit
a
person
who
is
evaluated
to
be
employed
or
to
participate
as
a
volunteer
if
the
person
complies
with
the
department’s
record
check
evaluation
system’s
conditions
relating
to
employment
or
participation
as
a
volunteer
which
may
include
completion
of
additional
training.
4.
If
the
department
record
check
evaluation
system
determines
that
the
person
has
committed
a
crime
or
has
a
record
of
founded
child
or
dependent
adult
abuse
which
warrants
prohibition
of
employment
or
participation
as
a
volunteer,
the
person
shall
not
be
employed
by
or
participate
as
a
volunteer
in
a
department
service
area
office
in
a
position
having
direct
contact
with
the
department’s
clients.
Sec.
354.
Section
217.45,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
background
investigation
may
be
conducted
by
the
department
of
human
services
on
all
of
the
following
individuals:
Sec.
355.
Section
218.1,
Code
2023,
is
amended
to
read
as
follows:
218.1
Institutions
controlled.
The
director
of
human
services
shall
have
the
general
and
full
authority
given
under
statute
to
control,
manage,
direct,
and
operate
the
following
institutions
under
the
director’s
jurisdiction,
and
may
at
the
director’s
discretion
assign
the
powers
and
authorities
given
the
director
by
statute
to
any
one
of
the
deputy
directors,
division
administrators,
or
officers
or
employees
of
the
divisions
of
the
department
of
Senate
File
514,
p.
221
human
services
a
superintendent
:
1.
Glenwood
state
resource
center.
2.
Woodward
state
resource
center.
3.
Mental
health
institute,
Cherokee,
Iowa.
4.
Mental
health
institute,
Independence,
Iowa.
5.
State
training
school.
6.
Iowa
juvenile
home.
7.
6.
Other
facilities
not
attached
to
the
campus
of
the
main
institution
as
program
developments
require.
Sec.
356.
Section
218.2,
Code
2023,
is
amended
to
read
as
follows:
218.2
Powers
of
governor
——
report
of
abuses.
1.
Nothing
contained
in
section
218.1
shall
limit
the
general
supervisory
or
examining
powers
vested
in
the
governor
by
the
laws
or
Constitution
of
the
State
of
Iowa,
or
legally
vested
by
the
governor
in
any
committee
appointed
by
the
governor.
2.
The
administrator
superintendent
to
whom
primary
responsibility
for
a
particular
institution
has
been
assigned
shall
make
reports
to
the
director
of
human
services
as
are
requested
by
the
director
and
the
director
shall
report,
in
writing,
to
the
governor
any
abuses
found
to
exist
in
any
of
the
institutions.
Sec.
357.
Section
218.3,
Code
2023,
is
amended
to
read
as
follows:
218.3
Definitions.
For
the
purposes
of
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Administrator”
means
the
person
to
whom
the
director
of
human
services
has
assigned
power
and
authority
over
an
institution
in
accordance
with
section
218.1
.
“Council”
means
the
council
on
health
and
human
services.
2.
“Department”
means
the
department
of
health
and
human
services.
3.
“Director”
means
the
director
of
health
and
human
services.
2.
4.
“Institution”
means
an
institution
listed
in
section
218.1
.
5.
“Resident”
means
a
person
committed
or
admitted
to
an
Senate
File
514,
p.
222
institution
and
is
synonymous
with
patient,
as
appropriate
to
the
institution.
6.
“Superintendent”
means
the
person
to
whom
primary
responsibility
for
a
particular
institution
has
been
assigned.
Sec.
358.
Section
218.4,
Code
2023,
is
amended
to
read
as
follows:
218.4
Recommendation
for
rules.
1.
The
administrators
of
particular
institutions
department
shall
recommend
to
the
council
on
human
services
for
adoption
such
rules
not
inconsistent
with
law
as
they
may
deem
necessary
for
the
discharge
of
their
duties,
the
management
of
each
of
such
the
institutions
,
and
the
admission
,
of
residents
thereto
and
the
treatment,
care,
custody,
education
and
discharge
of
residents.
It
is
made
the
duty
of
the
particular
administrators
department
to
establish
rules
by
which
danger
to
life
and
property
from
fire
will
be
minimized.
In
the
discharge
of
their
duties
and
in
the
enforcement
of
their
rules,
they
The
department
may
require
any
of
their
appointees
to
perform
duties
in
addition
to
those
required
by
statute.
2.
Rules
adopted
by
the
council
pursuant
to
chapter
17A
shall
be
uniform
and
shall
apply
to
all
institutions
under
the
particular
administrator
and
to
all
other
institutions
under
the
administrator’s
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
patients
such
persons
by
competent
physicians.
Annually,
signed
copies
of
the
rules
shall
be
sent
to
the
superintendent
of
each
institution
or
hospital
under
the
control
or
supervision
of
a
particular
administrator
.
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.
Senate
File
514,
p.
223
3.
The
state
fire
marshal
shall
cause
to
be
made
an
annual
inspection
of
all
the
institutions
listed
in
section
218.1
and
shall
make
provide
a
written
report
thereof
of
each
inspection
to
the
particular
administrator
of
the
state
department
of
human
services
in
control
of
such
institution
.
Sec.
359.
Section
218.5,
Code
2023,
is
amended
to
read
as
follows:
218.5
Fire
protection
contracts.
The
administrators
shall
have
power
to
department
may
enter
into
contracts
with
the
governing
body
of
any
city
or
other
municipal
corporation
for
the
protection
from
fire
of
any
property
under
the
administrators’
department’s
primary
control,
located
in
any
municipal
corporation
or
in
territory
contiguous
to
the
municipal
corporation,
upon
terms
as
may
be
agreed
upon.
Sec.
360.
Section
218.6,
Code
2023,
is
amended
to
read
as
follows:
218.6
Transfer
of
appropriations
made
to
institutions.
1.
Notwithstanding
section
8.39,
subsection
1
,
without
the
prior
written
consent
and
approval
of
the
governor
and
the
director
of
the
department
of
management,
the
director
of
human
services
may
transfer
funds
between
the
appropriations
made
for
the
institutions,
listed
as
follows:
a.
The
state
resource
centers.
b.
The
state
mental
health
institutes.
c.
The
state
training
school.
d.
The
civil
commitment
unit
for
sexual
offenders.
2.
The
department
shall
report
any
transfer
made
pursuant
to
subsection
1
during
a
fiscal
quarter
to
the
legislative
services
agency
within
thirty
days
of
the
beginning
of
the
subsequent
fiscal
quarter.
Sec.
361.
Section
218.9,
Code
2023,
is
amended
to
read
as
follows:
218.9
Appointment
of
superintendents.
1.
The
administrator
in
charge
of
an
institution,
subject
to
the
approval
of
the
director
of
human
services,
shall
appoint
the
superintendent
of
the
institution.
The
tenure
of
office
of
a
superintendent
shall
be
at
the
pleasure
of
the
administrator
director
.
The
administrator
director
may
transfer
a
Senate
File
514,
p.
224
superintendent
or
warden
from
one
institution
to
another.
2.
The
superintendent
or
warden
shall
have
immediate
custody
and
control,
subject
to
the
orders
and
policies
of
the
administrator
in
charge
of
the
institution
director
,
of
all
property
used
in
connection
with
the
institution
except
as
provided
in
this
chapter
.
Sec.
362.
Section
218.10,
Code
2023,
is
amended
to
read
as
follows:
218.10
Subordinate
officers
and
employees.
The
administrator
in
charge
of
a
particular
institution,
with
the
consent
and
approval
of
the
director
of
human
services,
shall
determine
the
number
of
subordinate
officers
and
employees
for
the
institution.
Subject
to
this
chapter
,
the
officers
and
employees
shall
be
appointed
and
discharged
by
the
superintendent
or
business
manager
the
superintendent’s
designee
pursuant
to
chapter
8A,
subchapter
IV
.
The
superintendent
shall
keep,
in
the
record
of
each
subordinate
officer
and
employee,
the
date
of
employment,
the
compensation,
and
the
date
of
each
discharge,
and
the
reasons
for
discharge.
Sec.
363.
Section
218.12,
Code
2023,
is
amended
to
read
as
follows:
218.12
Bonds.
The
administrator
in
charge
of
any
particular
institution
shall
require
each
Each
officer
and
any
employee
of
such
administrator
and
of
every
an
institution
under
the
administrator’s
control
who
may
be
charged
with
the
custody
or
control
of
any
money
or
property
belonging
to
the
state
to
give
shall
provide
an
official
bond,
properly
conditioned,
and
signed
by
sufficient
sureties
in
a
sum
to
be
fixed
by
the
administrator
director
,
which
bond
shall
be
approved
by
the
administrator
director
,
and
filed
in
the
office
of
the
secretary
of
state.
Sec.
364.
Section
218.13,
Code
2023,
is
amended
to
read
as
follows:
218.13
Record
checks.
1.
For
the
purposes
of
this
section
,
unless
the
context
otherwise
requires:
a.
“Department”
means
the
department
of
human
services.
b.
“Institution”
means
an
institution
controlled
by
the
Senate
File
514,
p.
225
department
as
described
in
section
218.1
.
c.
“Resident”
means
a
person
committed
or
admitted
to
an
institution.
2.
1.
If
a
person
is
being
considered
for
employment
involving
direct
responsibility
for
a
resident
or
with
access
to
a
resident
when
the
resident
is
alone,
or
if
a
person
will
reside
in
a
facility
utilized
by
an
institution,
and
if
the
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
or
dependent
adult
abuse,
the
record
check
evaluation
system
of
the
department
shall
perform
an
evaluation
to
determine
whether
the
crime
or
founded
abuse
warrants
prohibition
of
employment
or
residence
in
the
facility.
The
department
record
check
evaluation
system
shall
conduct
criminal
and
child
and
dependent
adult
abuse
record
checks
of
the
person
in
this
state
and
may
conduct
these
checks
in
other
states.
The
investigation
and
evaluation
shall
be
performed
in
accordance
with
procedures
adopted
for
this
purpose
by
the
department.
3.
2.
If
the
department
record
check
evaluation
system
determines
that
a
person,
who
is
employed
by
an
institution
or
resides
in
a
facility
utilized
by
an
institution,
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
or
dependent
adult
abuse,
the
department
record
check
evaluation
system
shall
perform
an
evaluation
to
determine
whether
prohibition
of
the
person’s
employment
or
residence
is
warranted.
The
evaluation
shall
be
performed
in
accordance
with
procedures
adopted
for
this
purpose
by
the
department.
4.
3.
In
an
evaluation,
the
department
record
check
evaluation
system
shall
consider
the
nature
and
seriousness
of
the
crime
or
founded
child
or
dependent
adult
abuse
in
relation
to
the
position
sought
or
held,
the
time
elapsed
since
the
commission
of
the
crime
or
founded
abuse,
the
circumstances
under
which
the
crime
or
founded
abuse
was
committed,
the
degree
of
rehabilitation,
the
likelihood
that
the
person
will
commit
the
crime
or
founded
abuse
again,
and
the
number
of
crimes
or
founded
abuses
committed
by
the
person
involved.
The
department
record
check
evaluation
system
may
permit
a
person
who
is
evaluated
to
be
employed
or
reside
or
to
continue
employment
or
residence
if
the
person
complies
with
the
department’s
record
Senate
File
514,
p.
226
check
evaluation
system’s
conditions
relating
to
employment
or
residence
which
may
include
completion
of
additional
training.
5.
4.
If
the
department
record
check
evaluation
system
determines
that
the
person
has
committed
a
crime
or
has
a
record
of
founded
child
or
dependent
adult
abuse
which
warrants
prohibition
of
employment
or
residence,
the
person
shall
not
be
employed
by
an
institution
or
reside
in
a
facility
utilized
by
an
institution.
Sec.
365.
Section
218.14,
Code
2023,
is
amended
to
read
as
follows:
218.14
Dwelling
of
superintendent
or
other
employee.
1.
The
administrator
having
control
over
an
institution
may,
with
consent
of
the
director
of
human
services,
may
furnish
the
superintendent
of
the
institution,
in
addition
to
salary,
with
a
dwelling
or
with
appropriate
quarters
in
lieu
of
the
dwelling,
or
the
administrator
may
compensate
the
superintendent
of
the
institution
in
lieu
of
furnishing
a
dwelling
or
quarters.
If
the
superintendent
of
the
institution
is
furnished
with
a
dwelling
or
quarters,
either
of
which
is
owned
by
the
state,
the
superintendent
may
also
be
furnished
with
water,
heat,
and
electricity.
2.
The
administrator
having
control
over
an
institution
director
may
furnish
assistant
superintendents
or
other
employees,
or
both,
with
a
dwelling
or
with
appropriate
quarters,
owned
by
the
state.
The
assistant
superintendent
or
employee,
who
is
so
furnished,
shall
pay
rent
for
the
dwelling
or
quarters
in
an
amount
to
be
determined
by
the
superintendent
of
the
institution
director
,
which
shall
be
the
fair
market
rental
value
of
the
dwelling
or
quarters.
If
an
assistant
superintendent
or
employee
is
furnished
with
a
dwelling
or
quarters,
either
of
which
is
owned
by
the
state,
the
assistant
superintendent
or
employee
may
also
be
furnished
with
water,
heat,
and
electricity.
However,
the
furnishing
of
these
utilities
shall
be
considered
in
determining
the
fair
market
rental
value
of
the
dwelling
or
quarters.
Sec.
366.
Section
218.15,
Code
2023,
is
amended
to
read
as
follows:
218.15
Salaries
——
how
paid.
The
salaries
and
wages
shall
be
included
in
the
semimonthly
Senate
File
514,
p.
227
payrolls
and
paid
in
the
same
manner
as
other
expenses
of
the
several
institutions.
Sec.
367.
Section
218.17,
Code
2023,
is
amended
to
read
as
follows:
218.17
Authorized
leave.
Vacations
and
sick
leave
with
pay
as
authorized
in
section
70A.1
shall
only
be
taken
at
such
times
as
the
superintendent
or
the
business
manager
superintendent’s
designee
in
charge
of
an
officer
or
employee,
as
the
case
may
be,
may
direct,
and
only
after
written
authorization
by
the
superintendent
or
business
manager
the
superintendent’s
designee
,
and
for
the
number
of
days
specified
in
the
authorization.
A
copy
of
the
authorization
shall
be
attached
to
the
institution’s
copy
of
the
payroll
of
the
institution,
for
audit
purposes,
for
the
period
during
which
the
vacation
was
taken,
and
the
semimonthly
payroll
shall
show
the
number
of
days
the
person
was
absent
under
the
authorization.
Sec.
368.
Section
218.21,
Code
2023,
is
amended
to
read
as
follows:
218.21
Record
of
residents.
The
administrator
of
the
department
of
human
services
in
control
of
a
state
institution
director
shall,
as
to
every
person
committed
to
any
of
the
institutions,
keep
the
following
record:
1.
Name.
2.
Residence.
3.
Sex.
4.
Age.
5.
Nativity.
6.
Occupation.
7.
Civil
condition.
8.
Date
of
entrance
or
commitment.
9.
Date
of
discharge.
10.
Whether
a
discharge
was
final.
11.
Condition
of
the
person
when
discharged.
12.
The
name
of
the
institutions
from
which
and
to
which
such
person
has
been
transferred.
13.
If
dead
deceased
,
the
date
and
cause
of
the
person’s
death.
Senate
File
514,
p.
228
Sec.
369.
Section
218.22,
Code
2023,
is
amended
to
read
as
follows:
218.22
Record
privileged.
Except
with
the
consent
of
the
administrator
in
charge
of
an
institution
director
,
or
on
an
order
of
a
court
of
record,
the
record
provided
in
section
218.21
shall
be
accessible
only
to
the
administrator
of
the
division
of
the
department
of
human
services
in
control
of
such
institution,
the
director
of
the
department
of
human
services
and
to
assistants
and
proper
clerks
authorized
by
such
administrator
or
the
administrator’s
the
director.
The
administrator
of
the
division
of
such
institution
is
authorized
to
director
may
permit
the
division
of
library
services
of
the
department
of
education
and
the
historical
division
of
the
department
of
cultural
affairs
to
copy
or
reproduce
by
any
photographic,
photostatic,
microfilm,
microcard
or
other
process
which
accurately
reproduces
a
durable
medium
for
reproducing
the
original
and
to
destroy
in
the
manner
described
by
law
such
records
of
residents
designated
in
section
218.21
.
Sec.
370.
Section
218.23,
Code
2023,
is
amended
to
read
as
follows:
218.23
Reports
to
administrator
director
.
The
superintendent
of
an
institution
shall,
within
ten
days
after
the
commitment
or
entrance
of
a
person
to
the
institution,
cause
a
true
copy
of
the
person’s
entrance
record
to
be
made
and
forwarded
to
the
administrator
in
control
of
the
institution
director
or
the
director’s
designee
.
When
a
patient
or
resident
leaves,
or
is
discharged
,
or
transferred
from
,
or
dies
in
an
institution,
the
superintendent
or
person
in
charge
shall
within
ten
days
after
that
date
send
the
information
to
the
office
of
the
institution’s
administrator
director
or
the
director’s
designee
on
forms
which
the
administrator
director
prescribes.
Sec.
371.
Section
218.24,
Code
2023,
is
amended
to
read
as
follows:
218.24
Questionable
commitment.
The
superintendent
is
required
to
shall
immediately
notify
the
administrator
in
control
of
the
superintendent’s
particular
institution
director
if
there
is
any
question
as
Senate
File
514,
p.
229
to
the
propriety
of
the
commitment
or
detention
of
any
person
received
at
such
an
institution,
and
said
administrator
the
director
,
upon
such
notification,
shall
inquire
into
the
matter
presented,
and
take
such
proper
action
as
may
be
deemed
proper
in
the
premises
.
Sec.
372.
Section
218.26,
Code
2023,
is
amended
to
read
as
follows:
218.26
Religious
worship.
Any
such
resident,
during
the
time
of
the
resident’s
detention,
shall
be
allowed,
for
at
least
one
hour
on
each
Sunday
weekly
and
in
times
of
extreme
sickness,
and
at
such
other
suitable
and
reasonable
times
as
is
consistent
with
the
resident’s
religious
belief
and
proper
discipline
in
said
the
institution,
to
receive
spiritual
advice,
instruction,
and
ministration
from
any
recognized
member
of
the
clergy
of
the
church
or
denomination
which
represents
the
resident’s
religious
belief.
Sec.
373.
Section
218.27,
Code
2023,
is
amended
to
read
as
follows:
218.27
Religious
belief
of
minors.
In
case
such
If
a
resident
is
a
minor
and
has
formed
no
choice,
the
minor’s
preference
may,
at
any
time,
be
expressed
by
the
minor
with
the
approval
of
parents
or
guardian,
if
the
minor
has
any
such
a
parent
or
guardian
.
Sec.
374.
Section
218.28,
Code
2023,
is
amended
to
read
as
follows:
218.28
Investigation.
The
administrator
of
the
department
of
human
services
in
control
of
a
particular
institution
or
the
administrator’s
authorized
officer
or
employee
director
or
the
director’s
designee
shall
visit,
and
minutely
examine,
at
least
once
in
six
months,
and
more
often
if
necessary
or
required
by
law,
the
institutions
under
such
administrator’s
control,
and
the
financial
condition
and
management
thereof
of
the
institutions
.
Sec.
375.
Section
218.29,
Code
2023,
is
amended
to
read
as
follows:
218.29
Scope
of
investigation.
The
administrator
of
the
department
of
human
services
in
control
of
a
particular
institution
or
the
administrator’s
Senate
File
514,
p.
230
authorized
officer
or
employee
director
or
the
director’s
designee
shall,
during
such
investigation
and
as
far
as
possible,
see
every
resident
of
each
institution,
especially
those
admitted
since
the
director’s
or
the
director’s
designee’s
preceding
visit,
and
shall
give
such
residents
as
may
require
it,
suitable
opportunity
to
converse
with
such
administrator
or
authorized
officer
or
employee
the
director
or
the
director’s
designee
apart
from
the
officers
and
attendants.
Sec.
376.
Section
218.30,
Code
2023,
is
amended
to
read
as
follows:
218.30
Investigation
of
other
institutions
facilities
.
The
administrators
to
whom
control
of
institutions
has
been
assigned,
or
their
authorized
officers
or
employees,
director
may
investigate
or
cause
the
investigation
of
charges
of
abuse,
neglect,
or
mismanagement
on
the
part
of
an
officer
or
employee
of
a
private
institution
facility
which
is
subject
to
the
administrator’s
particular
director’s
supervision
or
control.
The
administrator
who
has
been
assigned
to
have
authority
over
the
state
mental
health
institutes,
or
the
administrator’s
authorized
officer
or
employee,
director
shall
also
investigate
or
cause
the
investigation
of
charges
concerning
county
care
facilities
in
which
persons
with
mental
illness
are
served.
Sec.
377.
Section
218.31,
Code
2023,
is
amended
to
read
as
follows:
218.31
Witnesses.
In
aid
of
any
investigation
the
administrator
shall
have
the
power
to
department
may
summon
and
compel
the
attendance
of
witnesses;
to
examine
the
witnesses
under
oath,
which
the
administrator
shall
have
power
to
director
or
the
director’s
designee
may
administer;
to
have
access
to
all
books,
papers,
and
property
material
to
such
investigation;
and
to
order
the
production
of
any
other
books
or
papers
material
to
the
investigation.
Witnesses
other
than
those
in
the
employ
of
the
state
shall
be
entitled
to
the
same
fees
as
in
civil
cases
in
the
district
court.
Sec.
378.
Section
218.32,
Code
2023,
is
amended
to
read
as
follows:
218.32
Contempt.
Any
person
failing
or
refusing
to
obey
the
orders
of
the
Senate
File
514,
p.
231
administrator
department
issued
under
section
218.31
,
or
to
give
or
produce
evidence
when
required,
shall
be
reported
by
the
administrator
department
to
the
district
court
in
the
county
where
the
offense
occurs,
and
shall
be
dealt
with
by
the
court
as
for
contempt
of
court.
Sec.
379.
Section
218.33,
Code
2023,
is
amended
to
read
as
follows:
218.33
Transcript
of
testimony.
The
particular
administrator
involved
department
shall
cause
the
testimony
taken
at
such
investigation
to
be
transcribed
and
filed
in
the
administrator’s
office
at
the
seat
of
government
with
the
department
within
ten
days
after
the
same
testimony
is
taken,
or
as
soon
thereafter
as
practicable,
and
when
so
filed
the
same
testimony
shall
be
open
for
the
inspection
of
any
person.
Sec.
380.
Section
218.41,
Code
2023,
is
amended
to
read
as
follows:
218.41
Custody.
When
a
resident
of
an
institution
is
so
working
outside
the
institution
proper,
the
resident
shall
be
deemed
is
at
all
times
in
the
actual
custody
of
the
head
superintendent
of
the
institution.
Sec.
381.
Section
218.42,
Code
2023,
is
amended
to
read
as
follows:
218.42
Wages
of
residents.
If
a
resident
performs
services
for
the
state
at
an
institution
listed
in
section
218.1
,
the
administrator
in
control
of
the
institution
department
shall
pay
the
resident
a
wage
in
accordance
with
federal
wage
and
hour
requirements.
However,
the
wage
amount
shall
not
exceed
the
amount
of
the
prevailing
wage
paid
in
the
state
for
a
like
service
or
its
equivalent.
Sec.
382.
Section
218.43,
Code
2023,
is
amended
to
read
as
follows:
218.43
Deduction
to
pay
court
costs.
If
wages
are
paid
to
a
resident
pursuant
to
section
218.42
,
the
administrator
in
control
of
an
institution
listed
in
section
218.1
department
may
deduct
from
the
wages
an
amount
sufficient
to
pay
all
or
a
part
of
the
costs
taxed
to
the
resident
by
Senate
File
514,
p.
232
reason
of
the
resident’s
commitment
to
the
institution.
In
such
case
the
amount
so
deducted
shall
be
forwarded
to
the
clerk
of
the
district
court
or
proper
official.
Sec.
383.
Section
218.44,
Code
2023,
is
amended
to
read
as
follows:
218.44
Wages
paid
to
dependent
——
deposits.
If
wages
are
paid
to
a
resident
pursuant
to
section
218.42
,
the
administrator
in
control
of
an
institution
listed
in
section
218.1
department
may
pay
all
or
any
part
of
the
wages
directly
to
any
dependent
of
the
resident.
The
administrator
department
may
also
deposit
the
wages
to
the
account
of
the
resident,
or
may
so
deposit
part
of
the
wages
and
allow
the
resident
a
portion
for
the
resident’s
own
personal
use,
or
may
pay
to
the
county
of
commitment
all
or
any
part
of
the
resident’s
care,
treatment,
or
subsistence
while
at
said
the
institution
from
any
credit
balance
accruing
to
the
account
of
the
resident.
Sec.
384.
Section
218.45,
Code
2023,
is
amended
to
read
as
follows:
218.45
Conferences.
Quarterly
conferences
of
the
superintendents
of
the
institutions
shall
be
held
with
the
administrator
in
control
of
the
institutions
director
at
Des
Moines
or
at
institutions
under
the
administrator’s
director’s
jurisdiction,
for
the
consideration
of
all
matters
relative
to
the
management
of
the
institutions.
Full
minutes
of
the
conferences
shall
be
preserved
in
the
records
of
the
administrator
department
.
The
administrator
in
control
director
may
cause
papers
on
appropriate
subjects
to
be
prepared
and
read
presented
at
the
conferences.
Sec.
385.
Section
218.46,
Code
2023,
is
amended
to
read
as
follows:
218.46
Scientific
investigation.
1.
The
administrator
who
is
in
charge
of
an
institution
director
shall
encourage
the
scientific
investigation,
on
the
part
of
the
superintendent
and
medical
staff
of
the
institution,
as
to
the
most
successful
methods
of
institutional
management
and
treating
treatment
of
the
persons
committed
to
the
institution.
In
addition,
the
administrator
department
shall
procure
and
furnish
to
the
superintendent
and
medical
staff
Senate
File
514,
p.
233
information
relative
to
such
management
and
treatment
and
,
from
time
to
time,
publish
bulletins
and
reports
of
scientific
and
clinical
work
done
in
that
type
of
institution.
2.
The
administrators
of
such
state
institutions
are
authorized
to
department
may
provide
services
and
facilities
for
the
scientific
observation,
rechecking,
and
treatment
of
persons
with
mental
illness
within
the
state.
Application
by,
or
on
behalf
of,
any
person
for
such
services
and
facilities
shall
be
made
to
the
administrator
in
charge
of
the
particular
institution
involved
and
shall
be
made
director
on
forms
furnished
by
such
administrator
the
department
.
The
time
and
place
of
admission
of
any
person
to
outpatient
or
clinical
services
and
facilities
for
scientific
observation,
rechecking
,
and
treatment
and
the
use
of
such
services
and
facilities
for
the
benefit
of
persons
who
have
already
been
hospitalized
for
psychiatric
evaluation
and
appropriate
treatment
or
involuntarily
hospitalized
as
seriously
mentally
ill
shall
be
in
accordance
with
rules
and
regulations
adopted
by
the
administrator
in
control
of
the
particular
institution
involved
department
.
Sec.
386.
Section
218.47,
Code
2023,
is
amended
to
read
as
follows:
218.47
Monthly
report.
The
superintendent
or
business
manager
of
each
institution
or
the
superintendent’s
designee
shall,
on
the
first
day
of
each
month,
account
to
the
administrator
in
control
of
the
particular
institution
director
or
the
director’s
designee
for
all
state
funds
received
during
the
preceding
month,
and
,
at
the
same
time
,
remit
the
accounting
to
the
treasurer
of
state.
Sec.
387.
Section
218.48,
Code
2023,
is
amended
to
read
as
follows:
218.48
Annual
reports.
The
superintendent
or
business
manager
of
each
institution
or
the
superintendent’s
designee
shall
make
an
annual
report
to
the
administrator
in
control
of
the
particular
institution
director
and
include
in
the
report
a
detailed
and
accurate
inventory
of
the
stock
and
supplies
on
hand,
and
their
amount
and
value,
under
the
following
headings:
1.
Livestock.
Senate
File
514,
p.
234
2.
Farm
produce
on
hand.
3.
Vehicles.
4.
Agricultural
implements.
5.
Machinery.
6.
Mechanical
fixtures.
7.
Real
estate.
8.
Furniture.
9.
Bedding
in
residents’
department.
10.
State
property
in
superintendent’s
department.
11.
Clothing.
12.
Dry
goods.
13.
Provisions
and
groceries.
14.
Drugs
and
medicine.
15.
Fuel.
16.
Library.
17.
All
other
state
property
under
appropriate
headings
to
be
determined
by
the
particular
administrator
involved
director
.
Sec.
388.
Section
218.49,
Code
2023,
is
amended
to
read
as
follows:
218.49
Contingent
fund.
The
administrator
in
control
of
an
institution
director
may
permit
the
superintendent
or
the
business
manager
of
each
institution
or
the
superintendent’s
designee
to
retain
a
stated
amount
of
funds
under
the
superintendent’s
or
business
manager’s
superintendent’s
designee’s
supervision
as
a
contingent
fund
for
the
payment
of
freight,
postage,
commodities
purchased
on
authority
of
the
particular
superintendent
or
business
manager
involved
on
a
cash
basis,
salaries,
and
bills
granting
discount
for
cash.
Sec.
389.
Section
218.50,
Code
2023,
is
amended
to
read
as
follows:
218.50
Requisition
for
contingent
fund.
If
necessary,
the
director
of
the
department
of
human
services
shall
make
proper
requisition
upon
the
director
of
the
department
of
administrative
services
for
a
warrant
on
the
state
treasurer
to
secure
the
said
contingent
fund
for
each
institution.
Sec.
390.
Section
218.51,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
235
follows:
218.51
Monthly
reports
of
contingent
fund.
A
monthly
report
of
the
status
of
such
the
contingent
fund
shall
be
submitted
by
the
proper
officer
of
said
superintendent
of
each
institution
or
the
superintendent’s
designee
to
the
administrator
in
control
of
the
institution
involved
and
such
director
or
the
director’s
designee
in
accordance
with
applicable
rules
as
such
administrator
may
establish
established
by
the
director
.
Sec.
391.
Section
218.52,
Code
2023,
is
amended
to
read
as
follows:
218.52
Supplies
——
competition.
The
administrator
in
control
of
a
state
institution
department
shall,
in
the
purchase
of
supplies,
afford
all
reasonable
opportunity
for
competition,
and
shall
give
preference
to
local
dealers
and
Iowa
producers
when
such
can
be
done
without
loss
to
the
state.
Sec.
392.
Section
218.55,
Code
2023,
is
amended
to
read
as
follows:
218.55
Purchase
from
an
institution.
An
administrator
The
department
may
purchase
supplies
of
any
institution
under
the
administrator’s
control,
for
use
in
any
other
institution
under
the
administrator’s
control
,
and
reasonable
payment
for
the
supplies
shall
be
made
as
in
the
case
of
other
purchases.
Sec.
393.
Section
218.56,
Code
2023,
is
amended
to
read
as
follows:
218.56
Purchase
of
supplies
——
vendor
warrants.
1.
The
administrators
department
shall
,
from
time
to
time,
adopt
and
make
of
record
rules
and
regulations
governing
the
purchase
of
all
articles
and
supplies
needed
at
the
various
institutions
under
their
control
and
the
form
and
verification
of
vouchers
for
such
purchases.
2.
The
department
of
human
services
shall
mail
vendor
warrants
for
the
department
of
corrections.
Sec.
394.
Section
218.57,
Code
2023,
is
amended
to
read
as
follows:
218.57
Combining
appropriations.
The
director
of
the
department
of
administrative
services
Senate
File
514,
p.
236
may
combine
the
balances
carried
in
all
specific
appropriations
into
a
special
account
for
each
institution
under
the
control
of
a
particular
administrator
,
except
that
the
support
fund
for
each
institution
shall
be
carried
as
a
separate
account.
Sec.
395.
Section
218.58,
Code
2023,
is
amended
to
read
as
follows:
218.58
Construction,
repair,
and
improvement
projects
——
emergencies.
The
department
shall
work
with
the
department
of
administrative
services
to
accomplish
the
following
responsibilities:
1.
The
department
shall
prepare
and
submit
to
the
director
of
the
department
of
management,
as
provided
in
section
8.23
,
a
multiyear
construction
program
including
estimates
of
the
expenditure
requirements
for
the
construction,
repair,
or
improvement
of
buildings,
grounds,
or
equipment
at
the
institutions
listed
in
section
218.1
.
2.
The
director
department
shall
have
plans
and
specifications
prepared
by
the
department
of
administrative
services
for
authorized
construction,
repair,
or
improvement
projects
costing
over
the
competitive
bid
threshold
in
section
26.3
,
or
as
established
in
section
314.1B
.
An
appropriation
for
a
project
shall
not
be
expended
until
the
department
of
administrative
services
has
adopted
plans
and
specifications
and
has
completed
a
detailed
estimate
of
the
cost
of
the
project,
prepared
under
the
supervision
of
a
licensed
architect
or
licensed
professional
engineer.
Plans
and
specifications
shall
not
be
adopted
and
a
project
shall
not
proceed
if
the
project
would
require
an
expenditure
of
money
in
excess
of
the
appropriation.
3.
The
department
of
administrative
services
shall
comply
with
the
competitive
bid
procedures
in
chapter
26
to
let
all
contracts
under
chapter
8A,
subchapter
III
,
for
authorized
construction,
repair,
or
improvement
of
departmental
buildings,
grounds,
or
equipment.
4.
If
the
director
of
the
department
of
human
services
and
the
director
of
the
department
of
administrative
services
determine
that
emergency
repairs
or
improvements
estimated
to
cost
more
than
the
competitive
bid
threshold
in
section
26.3
,
Senate
File
514,
p.
237
or
as
established
in
section
314.1B
are
necessary
to
assure
the
continued
operation
of
a
departmental
institution,
the
requirements
of
subsections
2
and
3
for
preparation
of
plans
and
specifications
and
competitive
procurement
procedures
are
waived.
A
determination
of
necessity
for
waiver
by
the
director
of
the
department
of
human
services
and
the
director
of
the
department
of
administrative
services
shall
be
in
writing
and
shall
be
entered
in
the
project
record
for
emergency
repairs
or
improvements.
Emergency
repairs
or
improvements
shall
be
accomplished
using
plans
and
specifications
and
competitive
quotation
or
bid
procedures,
as
applicable,
to
the
greatest
extent
possible,
considering
the
necessity
for
rapid
completion
of
the
project.
A
waiver
of
the
requirements
of
subsections
2
and
3
does
not
authorize
an
expenditure
in
excess
of
an
amount
otherwise
authorized
for
the
repair
or
improvement.
5.
A
claim
for
payment
relating
to
a
project
shall
be
itemized
on
a
voucher
form
pursuant
to
section
8A.514
,
certified
by
the
claimant
and
the
architect
or
engineer
in
charge,
and
audited
and
approved
by
the
department
of
administrative
services.
Upon
approval
by
the
department
of
administrative
services,
the
director
of
the
department
of
administrative
services
shall
draw
a
warrant
to
be
paid
by
the
treasurer
of
state
from
funds
appropriated
for
the
project.
A
partial
payment
made
before
completion
of
the
project
does
not
constitute
final
acceptance
of
the
work
or
a
waiver
of
any
defect
in
the
work.
6.
Subject
to
the
prior
approval
of
the
administrator
in
control
of
a
departmental
institution
director
or
the
director’s
designee
,
minor
projects
costing
five
thousand
dollars
or
less
may
be
authorized
and
completed
by
the
executive
head
superintendent
of
the
institution
through
the
use
of
day
labor.
A
contract
is
not
required
if
a
minor
project
is
to
be
completed
with
the
use
of
resident
labor.
Sec.
396.
Section
218.64,
Code
2023,
is
amended
to
read
as
follows:
218.64
Investigation
of
death.
1.
For
the
purposes
of
this
section
,
unless
the
context
otherwise
requires,
“institution”
and
“resident”
mean
the
same
as
defined
in
section
218.13
.
Senate
File
514,
p.
238
2.
Upon
the
death
of
a
resident
of
an
institution,
the
county
medical
examiner
shall
conduct
a
preliminary
investigation
of
the
death
as
provided
in
section
331.802
.
The
cost
of
the
preliminary
investigation
shall
be
paid
by
the
department
of
human
services
.
Sec.
397.
Section
218.65,
Code
2023,
is
amended
to
read
as
follows:
218.65
Property
of
deceased
resident.
The
superintendent
or
business
manager
of
each
institution
department
shall,
upon
the
death
of
any
resident
or
patient
,
immediately
take
possession
of
all
property
of
the
deceased
left
at
the
institution,
and
deliver
the
property
to
the
duly
appointed
and
qualified
representative
of
the
deceased.
Sec.
398.
Section
218.66,
Code
2023,
is
amended
to
read
as
follows:
218.66
Property
of
small
value.
If
administration
be
is
not
granted
within
one
year
from
the
date
of
the
death
of
the
decedent,
and
the
value
of
the
estate
of
the
decedent
is
so
small
as
to
make
the
granting
of
administration
inadvisable,
then
delivery
of
the
money
and
other
property
left
by
the
decedent
may
be
made
to
the
surviving
spouse
and
heirs
of
the
decedent.
Sec.
399.
Section
218.69,
Code
2023,
is
amended
to
read
as
follows:
218.69
Permanent
record.
A
complete
permanent
record
of
the
money
transmitted
to
the
treasurer
of
state
under
section
218.68
,
showing
by
whom
and
with
whom
it
the
money
was
left,
its
the
amount,
the
date
of
the
death
of
the
owner,
the
owner’s
reputed
place
of
residence
before
the
owner
became
a
resident
of
the
institution,
the
date
on
which
it
the
money
was
transmitted
to
the
state
treasurer,
and
any
other
facts
which
may
tend
to
identify
the
intestate
and
explain
the
case,
shall
be
kept
by
the
superintendent
of
the
institution
or
business
manager,
as
the
case
may
be
department
,
and
a
transcript
of
the
record
shall
be
sent
to
,
and
kept
by
,
the
treasurer
of
state.
Sec.
400.
Section
218.70,
Code
2023,
is
amended
to
read
as
follows:
218.70
Payment
to
party
entitled.
Senate
File
514,
p.
239
Moneys
transmitted
to
the
treasurer
of
state
under
section
218.68
shall
be
paid,
at
any
time
within
ten
years
from
the
death
of
the
intestate,
to
any
person
who
is
shown
to
be
entitled
thereto
to
the
moneys
.
Payment
shall
be
made
from
the
state
treasury
out
of
the
support
fund
of
such
institution
in
the
manner
provided
for
the
payment
of
other
claims
from
that
fund.
Sec.
401.
Section
218.72,
Code
2023,
is
amended
to
read
as
follows:
218.72
Temporary
quarters
in
emergency.
In
case
the
buildings
at
any
institution
under
the
control
of
an
administrator
are
destroyed
or
rendered
unfit
for
habitation
by
reason
of
fire,
storms,
or
other
like
causes,
to
such
an
extent
that
the
residents
cannot
be
housed
and
cared
for,
the
administrator
director
shall
make
temporary
provision
for
the
housing
and
care
of
the
residents
at
some
other
place
in
the
state.
Like
provision
may
be
made
in
case
any
pestilence
breaks
out
among
the
residents.
The
reasonable
cost
of
the
change,
including
transfer
of
residents,
shall
be
paid
from
any
moneys
in
the
state
treasury
not
otherwise
appropriated.
Sec.
402.
Section
218.78,
Code
2023,
is
amended
to
read
as
follows:
218.78
Institutional
receipts
deposited.
1.
All
institutional
receipts
of
the
department
of
human
services
,
including
funds
received
from
client
participation
at
the
state
resource
centers
under
section
222.78
and
at
the
state
mental
health
institutes
under
section
230.20
,
shall
be
deposited
in
the
general
fund
except
for
reimbursements
for
services
provided
to
another
institution
or
state
agency,
for
receipts
deposited
in
the
revolving
farm
fund
under
section
904.706,
for
deposits
into
the
medical
assistance
fund
under
section
249A.11
,
and
for
rentals
charged
to
employees
or
others
for
room,
apartment,
or
house
and
meals,
which
shall
be
available
to
the
institutions.
2.
If
approved
by
the
director
of
human
services
,
the
department
may
use
appropriated
funds
for
the
granting
of
educational
leave.
Sec.
403.
Section
218.83,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
240
218.83
Administrative
improvement.
The
director
of
human
services
and
the
administrators
assigned
to
have
authority
over
the
institutions
shall
cooperate
with
any
department
or
agency
of
the
state
government
in
any
manner,
including
the
exchange
of
employees,
calculated
to
improve
administration
of
the
affairs
of
the
institutions.
Sec.
404.
Section
218.84,
Code
2023,
is
amended
to
read
as
follows:
218.84
Abstracting
claims
and
keeping
accounts.
The
director
of
the
department
of
human
services
or
the
director’s
designee
shall
have
sole
charge
of
abstracting
and
certifying
claims
for
payment
and
the
keeping
of
a
central
system
of
accounts
in
institutions
under
the
director’s
control.
Sec.
405.
Section
218.85,
Code
2023,
is
amended
to
read
as
follows:
218.85
Uniform
system
of
accounts.
The
director
of
human
services
through
the
administrators
in
control
of
the
institutions
department
shall
install
in
all
the
institutions
the
most
modern,
complete,
and
uniform
system
of
accounts,
records,
and
reports
possible.
The
system
shall
be
prescribed
by
the
director
of
the
department
of
administrative
services
as
authorized
in
section
8A.502,
subsection
13
,
and,
among
other
matters,
shall
clearly
show
the
detailed
facts
relative
to
the
handling
and
uses
of
all
purchases.
Sec.
406.
Section
218.86,
Code
2023,
is
amended
to
read
as
follows:
218.86
Abstract
of
claims.
Vouchers
for
expenditures
other
than
salaries
shall
be
submitted
to
the
director
of
the
department
of
administrative
services,
who
shall
prepare
in
triplicate
an
abstract
of
claims
submitted
showing
the
name
of
the
claimant
and
the
institutions
and
institutional
fund
on
account
of
which
the
payment
is
made.
The
claims
and
abstracts
of
claims
shall
be
returned
to
the
director
of
the
department
of
human
services
where
the
correctness
of
the
abstracts
shall
be
certified
by
the
director
.
The
original
abstract
shall
be
delivered
to
the
director
of
the
department
of
administrative
services,
the
duplicate
to
be
retained
in
the
office
of
the
director
,
of
the
department
Senate
File
514,
p.
241
of
human
services
and
the
triplicate
forwarded
to
the
proper
institution
to
be
retained
as
a
record
of
claims
paid.
Sec.
407.
Section
218.87,
Code
2023,
is
amended
to
read
as
follows:
218.87
Warrants
issued
by
director
of
the
department
of
administrative
services.
Upon
such
certificate
the
director
of
the
department
of
administrative
services
shall,
if
the
institution
named
has
sufficient
funds,
issue
the
director’s
warrants
upon
the
state
treasurer,
for
the
amounts
and
to
the
claimants
indicated
thereon
on
the
warrants
.
The
director
of
the
department
of
administrative
services
shall
deliver
the
warrants
thus
issued
to
the
director
of
human
services
department
,
who
will
cause
same
the
warrants
to
be
transmitted
to
the
payees
thereof
of
the
warrants
.
Sec.
408.
Section
218.88,
Code
2023,
is
amended
to
read
as
follows:
218.88
Institutional
payrolls.
At
the
close
of
each
pay
period,
the
superintendent
or
business
manager
of
each
institution
shall
prepare
and
forward
to
the
director
of
human
services
or
the
director’s
designee
a
semimonthly
payroll
which
shall
show
the
name
of
each
officer
and
employee,
the
semimonthly
pay,
time
paid
for,
the
amount
of
pay,
and
any
deductions.
A
substitute
shall
not
be
permitted
to
receive
compensation
in
the
name
of
the
employee
for
whom
the
substitute
is
acting.
Sec.
409.
Section
218.92,
Code
2023,
is
amended
to
read
as
follows:
218.92
Patients
Residents
with
dangerous
mental
disturbances.
When
a
patient
in
a
state
resource
center
for
persons
with
an
intellectual
disability,
a
state
mental
health
institute,
or
another
resident
of
an
institution
under
the
administration
of
the
department
of
human
services
has
become
so
mentally
disturbed
as
to
constitute
a
danger
to
self,
to
other
patients
residents
or
staff
of
the
institution,
or
to
the
public,
and
the
institution
cannot
provide
adequate
security,
the
administrator
in
charge
of
the
institution
director
or
the
director’s
designee
,
with
the
consent
of
the
director
of
the
Iowa
department
of
corrections,
may
order
the
patient
resident
Senate
File
514,
p.
242
to
be
transferred
to
the
Iowa
medical
and
classification
center,
if
the
superintendent
of
the
institution
from
which
the
patient
resident
is
to
be
transferred,
with
the
support
of
a
majority
of
the
medical
staff,
recommends
the
transfer
in
the
interest
of
the
patient
resident
,
other
patients
residents
,
or
the
public.
If
the
patient
resident
transferred
was
hospitalized
pursuant
to
sections
229.6
through
229.15
,
the
transfer
shall
be
promptly
reported
to
the
court
that
ordered
the
hospitalization
of
the
patient
resident
,
as
required
by
section
229.15,
subsection
5
.
The
Iowa
medical
and
classification
center
has
the
same
rights,
duties,
and
responsibilities
with
respect
to
the
patient
resident
as
the
institution
from
which
the
patient
resident
was
transferred
had
while
the
patient
was
hospitalized
in
the
institution.
The
cost
of
the
transfer
shall
be
paid
from
the
funds
of
the
institution
from
which
the
transfer
is
made.
Sec.
410.
Section
218.93,
Code
2023,
is
amended
to
read
as
follows:
218.93
Consultants
for
director
or
administrators
department
.
The
director
of
human
services
or
the
administrators
in
control
of
the
institutions
are
authorized
to
department
may
secure
the
services
of
consultants
to
furnish
advice
on
administrative,
professional,
or
technical
problems
to
the
director
or
the
administrators
,
their
department
employees,
or
employees
of
institutions
under
their
jurisdiction
or
to
provide
in-service
training
and
instruction
for
the
employees.
The
director
and
administrators
are
authorized
to
department
may
pay
the
consultants
at
a
rate
to
be
determined
by
them
the
department
from
funds
under
their
the
department’s
control
or
from
any
institutional
funding
under
their
the
director’s
jurisdiction
as
the
director
or
administrator
may
determine
.
Sec.
411.
Section
218.94,
Code
2023,
is
amended
to
read
as
follows:
218.94
Director
may
buy
and
sell
real
estate
——
options.
1.
The
director
of
the
department
of
human
services
shall
have
full
power
to
may
secure
options
to
purchase
real
estate,
to
acquire
and
sell
real
estate,
and
to
grant
utility
easements,
for
the
proper
uses
of
said
the
institutions.
Real
estate
shall
be
acquired
and
sold
and
utility
easements
granted,
upon
such
terms
and
conditions
as
the
director
may
determine.
Upon
Senate
File
514,
p.
243
sale
of
the
real
estate,
the
proceeds
shall
be
deposited
with
the
treasurer
of
state
and
credited
to
the
general
fund
of
the
state.
There
is
hereby
appropriated
from
the
general
fund
of
the
state
a
sum
equal
to
the
proceeds
so
deposited
and
credited
to
the
general
fund
of
the
state
to
the
department
of
human
services
,
which
may
be
used
to
purchase
other
real
estate
or
for
capital
improvements
upon
property
under
the
director’s
control.
2.
The
costs
incident
to
securing
of
options,
acquisition
and
sale
of
real
estate
and
granting
of
utility
easements,
including
but
not
limited
to
appraisals,
invitations
for
offers,
abstracts,
and
other
necessary
costs,
may
be
paid
from
moneys
appropriated
for
support
and
maintenance
to
the
institution
at
which
such
the
real
estate
is
located.
Such
fund
costs
shall
be
reimbursed
from
the
proceeds
of
the
sale.
Sec.
412.
Section
218.95,
Code
2023,
is
amended
to
read
as
follows:
218.95
Synonymous
terms.
1.
For
purposes
of
construing
the
provisions
of
this
and
the
following
subtitles
of
this
title
and
chapters
904
,
913
,
and
914
relating
to
persons
with
mental
illness
and
reconciling
these
provisions
with
other
former
and
present
provisions
of
statute,
the
following
terms
shall
be
considered
synonymous:
a.
“Mentally
ill”
and
“insane”
,
except
that
the
hospitalization
or
detention
of
any
person
for
treatment
of
mental
illness
shall
not
constitute
a
finding
or
create
a
presumption
that
the
individual
is
legally
insane
in
the
absence
of
a
finding
of
incompetence
made
pursuant
to
section
229.27
.
b.
“Parole”
and
“convalescent
leave”
.
c.
“Resident”
and
“patient”
.
d.
“Escape”
and
“depart
without
proper
authorization”
.
e.
“Warrant”
and
“order
of
admission”
.
f.
“Escapee”
and
“patient”
.
g.
“Sane”
and
“in
good
mental
health”
.
h.
“Commitment”
and
“admission”
.
2.
It
is
hereby
declared
to
be
the
policy
of
the
general
assembly
that
words
which
have
come
to
have
a
degrading
meaning
shall
not
be
employed
in
institutional
records
having
reference
to
persons
with
various
mental
conditions
and
that
in
all
Senate
File
514,
p.
244
records
pertaining
to
persons
with
various
mental
conditions
the
less
discriminatory
of
the
foregoing
synonyms
shall
be
employed.
Sec.
413.
Section
218.96,
Code
2023,
is
amended
to
read
as
follows:
218.96
Gifts,
grants
,
and
devises
,
and
bequests
.
The
director
of
the
department
of
human
services
is
authorized
to
may
accept
gifts,
grants,
devises
,
or
bequests
of
real
or
personal
property
from
the
federal
government
or
any
source.
The
director
may
exercise
such
powers
with
reference
to
the
property
so
accepted
as
may
be
deemed
essential
to
its
the
property’s
preservation
and
the
purposes
for
which
given,
granted,
devised
,
or
bequeathed.
Sec.
414.
Section
218.98,
Code
2023,
is
amended
to
read
as
follows:
218.98
Canteen
maintained.
The
administrators
in
control
of
the
institutions
may
maintain
a
A
canteen
may
be
maintained
at
any
institution
under
their
jurisdiction
and
control
for
the
sale
to
persons
residing
in
the
institution
of
items
including
but
not
limited
to
toilet
articles,
candy,
tobacco
products,
notions,
and
other
sundries,
and
may
provide
the
necessary
facilities,
equipment,
personnel,
and
merchandise
for
such
sale
may
be
provided
.
The
administrators
department
shall
specify
what
commodities
will
be
sold
in
the
canteen.
The
department
may
establish
and
maintain
a
permanent
operating
fund
for
each
canteen.
The
fund
shall
consist
of
the
receipts
from
the
sale
of
commodities
at
the
canteen.
Sec.
415.
Section
218.99,
Code
2023,
is
amended
to
read
as
follows:
218.99
Counties
to
be
notified
of
patients’
personal
accounts.
The
administrator
in
control
of
a
state
institution
shall
direct
the
business
manager
superintendent
of
each
institution
under
the
administrator’s
jurisdiction
which
is
mentioned
facility
specified
in
section
331.424,
subsection
1
,
paragraph
“a”
,
subparagraphs
(1)
and
(2),
and
for
which
services
are
paid
by
the
county
of
residence
or
a
mental
health
and
disability
services
region,
to
shall
quarterly
inform
the
county
of
Senate
File
514,
p.
245
residence
of
any
patient
or
resident
person
committed
or
admitted
to
the
facility
who
has
an
amount
in
excess
of
two
hundred
dollars
on
account
in
the
patients’
person’s
personal
deposit
fund
and
the
amount
on
deposit.
The
administrators
shall
direct
the
business
manager
to
superintendent
shall
further
notify
the
county
of
residence
at
least
fifteen
days
before
the
release
of
funds
in
excess
of
two
hundred
dollars
or
upon
the
death
of
the
patient
or
resident
person
.
If
the
patient
or
resident
person
has
no
residency
in
this
state
or
the
person’s
residency
is
unknown,
notice
shall
be
made
to
the
director
of
human
services
and
the
administrator
in
control
of
the
institution
involved
department
.
Sec.
416.
Section
218.100,
Code
2023,
is
amended
to
read
as
follows:
218.100
Central
warehouse
and
supply
depot.
The
department
of
human
services
shall
establish
a
fund
for
maintaining
and
operating
a
central
warehouse
as
a
supply
depot
and
distribution
facility
for
surplus
government
products,
carload
canned
goods,
paper
products,
other
staples,
and
such
other
items
as
determined
by
the
department.
The
fund
shall
be
permanent
and
shall
be
composed
of
the
receipts
from
the
sales
of
merchandise,
recovery
of
handling,
operating
and
delivery
charges
of
such
merchandise,
and
from
the
funds
contributed
by
the
institutions
now
in
a
contingent
fund
being
used
for
this
purpose.
All
claims
for
purchases
of
merchandise,
operating,
and
salary
expenses
shall
be
subject
to
the
provisions
of
sections
218.86
,
218.87
,
and
218.88
.
Sec.
417.
Section
221.2,
Code
2023,
is
amended
to
read
as
follows:
221.2
Administrator
Compact
administrator
.
Pursuant
to
the
compact,
the
administrator
of
the
division
of
mental
health
and
disability
services
The
director
of
the
department
of
health
and
human
services
shall
be
the
designate
a
compact
administrator.
The
compact
administrator
may
cooperate
with
all
departments,
agencies,
and
officers
of
this
state
and
its
subdivisions
in
facilitating
the
proper
administration
of
the
compact
and
of
any
supplementary
agreement
entered
into
by
this
state
under
the
compact.
Sec.
418.
Section
221.4,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
246
follows:
221.4
Payments.
The
compact
administrator
,
subject
to
the
approval
of
the
director
of
the
department
of
human
services,
may
make
or
arrange
for
any
payments
necessary
to
discharge
any
financial
obligations
imposed
upon
this
state
by
the
compact
or
by
any
supplementary
agreement
entered
into
thereunder
under
the
compact
.
Sec.
419.
Section
222.1,
subsection
2,
Code
2023,
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
on
human
services
to
change
the
name
of
the
resource
center
for
use
in
communication
with
the
public,
in
signage,
and
in
other
forms
of
communication.
Sec.
420.
Section
222.2,
Code
2023,
is
amended
to
read
as
follows:
222.2
Definitions.
When
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Administrator”
means
the
person
assigned
by
the
director
of
human
services,
in
accordance
with
section
218.1
,
to
control
the
state
resource
centers.
2.
1.
“Auditor”
means
the
county
auditor
or
the
auditor’s
designee.
2.
“Council”
means
the
council
on
health
and
human
services.
3.
“Department”
means
the
department
of
health
and
human
services.
4.
“Director”
means
the
director
of
health
and
human
Senate
File
514,
p.
247
services.
4.
5.
“Intellectual
disability”
means
the
same
as
defined
in
section
4.1
.
5.
6.
“Mental
health
and
disability
services
region”
means
a
mental
health
and
disability
services
region
formed
in
accordance
with
section
331.389
.
6.
7.
“Regional
administrator”
means
the
regional
administrator
of
a
mental
health
and
disability
services
region,
as
defined
in
section
331.388
.
7.
8.
“Special
unit”
means
a
special
intellectual
disability
unit
established
at
a
state
mental
health
institute
pursuant
to
sections
222.88
through
222.91
.
8.
9.
“State
resource
centers”
or
“resource
centers”
means
the
Glenwood
state
resource
center
and
the
Woodward
state
resource
center.
9.
10.
“Superintendents”
means
the
superintendents
of
the
state
resource
centers.
Sec.
421.
Section
222.3,
Code
2023,
is
amended
to
read
as
follows:
222.3
Superintendents.
The
administrator
director
shall
appoint
a
qualified
superintendent
for
each
of
the
resource
centers
who
shall
receive
such
salary
as
the
administrator
director
shall
determine.
Sec.
422.
Section
222.4,
Code
2023,
is
amended
to
read
as
follows:
222.4
Duties
of
superintendents
.
The
superintendents
shall:
1.
Perform
all
duties
required
by
law
and
by
the
administrator
director
not
inconsistent
with
law.
2.
Oversee
and
insure
individual
treatment
and
professional
care
of
each
patient
in
the
resource
centers.
3.
Maintain
a
full
and
complete
record
of
the
condition
of
each
patient
in
the
resource
centers.
4.
Have
custody,
control,
and
management
of
all
patients
in
such
manner
as
deemed
best
subject
to
the
regulations
of
the
administrator
department
.
Sec.
423.
Section
222.5,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
248
222.5
Preadmission
diagnostic
evaluation.
No
A
person
shall
not
be
eligible
for
admission
to
a
resource
center
or
a
special
unit
until
a
preadmission
diagnostic
evaluation
has
been
made
by
a
resource
center
or
a
special
unit
which
confirms
or
establishes
the
need
for
admission.
Sec.
424.
Section
222.7,
Code
2023,
is
amended
to
read
as
follows:
222.7
Transfers.
The
administrator
department
may
transfer
patients
from
one
state
resource
center
to
the
other
and
may
at
any
time
transfer
patients
from
the
resource
centers
to
the
hospitals
for
persons
with
mental
illness,
or
transfer
patients
in
the
resource
centers
to
a
special
unit
or
vice
versa.
The
administrator
department
may
also
transfer
patients
from
a
hospital
for
persons
with
mental
illness
to
a
resource
center
if
consent
is
given
or
obtained
as
follows
:
1.
In
the
case
of
a
patient
who
entered
the
hospital
for
persons
with
mental
illness
voluntarily,
consent
is
given
in
advance
by
the
patient
or,
if
the
patient
is
a
minor
or
is
incompetent,
the
person
responsible
for
the
patient.
2.
In
the
case
of
a
patient
hospitalized
pursuant
to
sections
229.6
through
229.15
,
the
consent
of
the
court
which
hospitalized
the
patient
is
obtained
in
advance,
rather
than
afterward
as
otherwise
permitted
by
section
229.15,
subsection
4
.
Sec.
425.
Section
222.8,
Code
2023,
is
amended
to
read
as
follows:
222.8
Communications
by
patients.
Persons
admitted
to
the
resource
centers
or
a
special
unit
shall
have
all
reasonable
opportunity
and
facility
for
communication
with
their
friends.
Such
persons
shall
be
permitted
to
write
and
send
letters,
provided
the
letters
contain
nothing
of
an
offensive
character.
Letters
written
by
any
patient
to
the
administrator
director
or
to
any
state
or
county
official
shall
be
forwarded
unopened.
Sec.
426.
Section
222.10,
Code
2023,
is
amended
to
read
as
follows:
222.10
Duty
of
peace
officer.
When
any
person
with
an
intellectual
disability
departs
Senate
File
514,
p.
249
without
proper
authority
from
an
institution
a
facility
in
another
state
and
is
found
in
this
state,
any
peace
officer
in
any
county
in
which
such
patient
is
found
may
take
and
detain
the
patient
without
warrant
or
order
and
shall
report
such
detention
to
the
administrator
department
.
The
administrator
department
shall
provide
for
the
return
of
the
patient
to
the
authorities
in
the
state
from
which
the
unauthorized
departure
was
made.
Pending
return,
such
patient
may
be
detained
temporarily
at
one
of
the
institutions
of
this
state
governed
by
the
administrator
or
by
the
administrator
of
the
division
of
child
and
family
services
of
the
department
of
human
services
department
.
The
provisions
of
this
section
relating
to
the
administrator
department
shall
also
apply
to
the
return
of
other
nonresident
persons
with
an
intellectual
disability
having
legal
residency
outside
the
state
of
Iowa.
Sec.
427.
Section
222.11,
Code
2023,
is
amended
to
read
as
follows:
222.11
Expense.
All
actual
and
necessary
expenses
incurred
in
the
taking
into
protective
custody,
restraint,
and
transportation
of
such
patients
to
the
resource
centers
shall
be
paid
on
itemized
vouchers,
sworn
to
by
the
claimants,
and
approved
by
the
superintendent
and
the
administrator
director
from
any
moneys
in
the
state
treasury
not
otherwise
appropriated.
Sec.
428.
Section
222.13,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
If
the
resource
center
does
not
have
an
appropriate
program
for
the
treatment
of
an
adult
or
minor
person
with
an
intellectual
disability
applying
under
this
section
or
section
222.13A
,
the
regional
administrator
for
the
person’s
county
of
residence
or
the
department,
as
applicable,
shall
arrange
for
the
placement
of
the
person
in
any
public
or
private
facility
within
or
without
the
state,
approved
by
the
director
of
human
services
,
which
offers
appropriate
services
for
the
person.
If
the
expenses
of
the
placement
are
payable
in
whole
or
in
part
by
a
county,
the
placement
shall
be
made
by
the
regional
administrator
for
the
county.
Sec.
429.
Section
222.13A,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
250
1.
If
a
minor
is
believed
to
be
a
person
with
an
intellectual
disability,
the
minor’s
parent,
guardian,
or
custodian
may
apply
to
the
department
for
admission
of
the
minor
as
a
voluntary
patient
in
a
state
resource
center.
If
the
resource
center
does
not
have
appropriate
services
for
the
minor’s
treatment,
the
department
may
arrange
for
the
admission
of
the
minor
in
a
public
or
private
facility
within
or
without
the
state,
approved
by
the
director
of
human
services
,
which
offers
appropriate
services
for
the
minor’s
treatment.
Sec.
430.
Section
222.60,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
All
necessary
and
legal
expenses
for
the
cost
of
admission
or
for
the
treatment,
training,
instruction,
care,
habilitation,
support,
and
transportation
of
persons
with
an
intellectual
disability,
as
provided
for
in
the
applicable
regional
service
system
management
plan
implemented
pursuant
to
section
331.393
in
a
state
resource
center,
or
in
a
special
unit,
or
any
public
or
private
facility
within
or
without
the
state,
approved
by
the
director
of
human
services
,
shall
be
paid
by
either:
Sec.
431.
Section
222.64,
Code
2023,
is
amended
to
read
as
follows:
222.64
Foreign
state
or
country
or
unknown
residency.
If
the
residency
of
the
person
is
determined
by
a
regional
administrator
on
behalf
of
a
county
or
by
the
state
to
be
in
a
foreign
state
or
country
or
is
determined
to
be
unknown,
the
regional
administrator
or
the
state
shall
certify
the
determination.
The
certification
shall
be
accompanied
by
a
copy
of
the
evidence
supporting
the
determination.
The
care
of
the
person
shall
be
as
arranged
by
the
regional
administrator
or
the
state.
Application
for
admission
may
be
made
pending
investigation
by
the
administrator
department
.
Sec.
432.
Section
222.65,
Code
2023,
is
amended
to
read
as
follows:
222.65
Investigation.
If
an
application
is
made
for
placement
of
a
person
in
a
state
resource
center
or
special
unit,
the
department’s
administrator
department
shall
immediately
investigate
the
residency
of
the
person
and
proceed
as
follows:
1.
If
the
administrator
department
concurs
with
a
certified
Senate
File
514,
p.
251
determination
as
to
residency
of
the
person
in
another
state
or
in
a
foreign
country,
or
the
person’s
residence
is
unknown
under
section
222.60
,
the
administrator
department
shall
cause
the
person
either
to
be
transferred
to
a
resource
center
or
a
special
unit
or
to
be
transferred
to
the
place
of
foreign
residency.
2.
If
the
administrator
department
disputes
a
certified
determination
of
residency,
the
administrator
department
shall
order
the
person
transferred
to
a
state
resource
center
or
a
special
unit
until
the
dispute
is
resolved.
3.
If
the
administrator
department
disputes
a
certified
determination
of
residency,
the
administrator
department
shall
utilize
the
procedure
provided
in
section
331.394
to
resolve
the
dispute.
A
determination
of
the
person’s
residency
status
made
pursuant
to
section
331.394
is
conclusive.
Sec.
433.
Section
222.66,
Code
2023,
is
amended
to
read
as
follows:
222.66
Transfers
——
no
residency
in
state
or
residency
unknown
——
expenses.
The
transfer
to
a
resource
center
or
a
special
unit
or
to
the
place
of
residency
of
a
person
with
an
intellectual
disability
who
has
no
residence
in
this
state
or
whose
residency
is
unknown,
shall
be
made
in
accordance
with
such
directions
as
shall
be
prescribed
by
the
administrator
director
and
when
practicable
by
employees
of
the
state
resource
center
or
the
special
unit.
The
actual
and
necessary
expenses
of
such
transfers
shall
be
paid
by
the
department
on
itemized
vouchers
sworn
to
by
the
claimants
and
approved
by
the
administrator
director
and
the
approved
amount
is
appropriated
to
the
department
from
any
funds
in
the
state
treasury
not
otherwise
appropriated.
Sec.
434.
Section
222.67,
Code
2023,
is
amended
to
read
as
follows:
222.67
Charge
on
finding
of
residency.
If
a
person
has
been
received
into
a
resource
center
or
a
special
unit
as
a
patient
whose
residency
is
unknown
and
the
administrator
director
determines
that
the
residency
of
the
patient
was
at
the
time
of
admission
in
a
county
of
this
state,
the
administrator
director
shall
certify
the
determination
and
Senate
File
514,
p.
252
charge
all
legal
costs
and
expenses
pertaining
to
the
admission
and
support
of
the
patient
to
the
county
of
residence.
The
certification
shall
be
sent
to
the
county
of
residence.
The
certification
shall
be
accompanied
by
a
copy
of
the
evidence
supporting
the
determination.
If
the
person’s
residency
status
has
been
determined
in
accordance
with
section
331.394
,
the
legal
costs
and
expenses
shall
be
charged
to
the
county
in
accordance
with
that
determination.
The
costs
and
expenses
shall
be
collected
as
provided
by
law
in
other
cases.
Sec.
435.
Section
222.69,
Code
2023,
is
amended
to
read
as
follows:
222.69
Payment
by
state.
The
amount
necessary
to
pay
the
necessary
and
legal
expenses
of
admission
of
a
person
to
a
resource
center
or
a
special
unit
when
the
person’s
residence
is
outside
this
state
or
is
unknown
is
appropriated
to
the
department
from
any
moneys
in
the
state
treasury
not
otherwise
appropriated.
Such
payments
shall
be
made
by
the
department
on
itemized
vouchers
executed
by
the
auditor
of
the
county
from
which
the
expenses
have
been
paid
and
approved
by
the
administrator
director
or
the
director’s
designee
.
Sec.
436.
Section
222.73,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
A
superintendent
of
a
resource
center
or
special
unit
may
request
that
the
director
of
human
services
enter
into
a
contract
with
a
person
for
the
resource
center
or
special
unit
to
provide
consultation
or
treatment
services
or
for
fulfilling
other
purposes
which
are
consistent
with
the
purposes
stated
in
section
222.1
.
The
contract
provisions
shall
include
charges
which
reflect
the
actual
cost
of
providing
the
services.
Any
income
from
a
contract
authorized
under
this
subsection
may
be
retained
by
the
resource
center
or
special
unit
to
defray
the
costs
of
providing
the
services
or
fulfilling
the
other
purposes.
Except
for
a
contract
voluntarily
entered
into
by
a
county
under
this
subsection
,
the
costs
or
income
associated
with
a
contract
authorized
under
this
subsection
shall
not
be
considered
in
computing
charges
and
per
diem
costs
in
accordance
with
the
provisions
of
subsections
1
through
4
.
Sec.
437.
Section
222.78,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
253
follows:
222.78
Parents
and
others
liable
for
support.
1.
The
father
and
mother
of
any
patient
admitted
to
a
resource
center
or
to
a
special
unit,
as
either
an
inpatient
or
an
outpatient,
and
any
person,
firm,
or
corporation
bound
by
contract
made
for
support
of
the
patient
are
liable
for
the
support
of
the
patient.
The
patient
and
those
legally
bound
for
the
support
of
the
patient
shall
be
liable
to
the
county
or
state,
as
applicable,
for
all
sums
advanced
in
accordance
with
the
provisions
of
sections
222.60
and
222.77
.
2.
The
liability
of
any
person,
other
than
the
patient,
who
is
legally
bound
for
the
support
of
a
patient
who
is
under
eighteen
years
of
age
in
a
resource
center
or
a
special
unit
shall
not
exceed
the
average
minimum
cost
of
the
care
of
a
normally
intelligent
minor
without
a
an
intellectual
disability
of
the
same
age
and
sex
as
the
minor
patient.
The
administrator
department
shall
establish
the
scale
for
this
purpose
but
the
scale
shall
not
exceed
the
standards
for
personal
allowances
established
by
the
state
division
under
the
family
investment
program.
The
father
or
mother
shall
incur
liability
only
during
any
period
when
the
father
or
mother
either
individually
or
jointly
receive
a
net
income
from
whatever
source,
commensurate
with
that
upon
which
they
would
be
liable
to
make
an
income
tax
payment
to
this
state.
The
father
or
mother
of
a
patient
shall
not
be
liable
for
the
support
of
the
patient
upon
the
patient
attaining
eighteen
years
of
age.
Nothing
in
this
section
shall
be
construed
to
prevent
a
relative
or
other
person
from
voluntarily
paying
the
full
actual
cost
as
established
by
the
administrator
department
for
caring
for
the
patient
with
an
intellectual
disability.
Sec.
438.
Section
222.84,
Code
2023,
is
amended
to
read
as
follows:
222.84
Patients’
personal
deposit
fund.
There
is
hereby
established
at
each
resource
center
and
special
unit
a
fund
which
shall
be
known
as
the
“
patients’
personal
deposit
fund
”;
provided
that
in
.
In
the
case
of
a
special
unit,
the
director
may
direct
that
the
patients’
personal
deposit
fund
be
maintained
and
administered
as
a
part
of
the
fund
established,
pursuant
to
sections
226.43
through
Senate
File
514,
p.
254
226.46
,
by
the
state
mental
health
institute
where
the
special
unit
is
located.
Sec.
439.
Section
222.86,
Code
2023,
is
amended
to
read
as
follows:
222.86
Payment
for
care
from
fund.
If
a
patient
is
not
receiving
medical
assistance
under
chapter
249A
and
the
amount
in
the
account
of
any
patient
in
the
patients’
personal
deposit
fund
exceeds
two
hundred
dollars,
the
business
manager
of
the
resource
center
or
special
unit
department
may
apply
any
amount
of
the
excess
to
reimburse
the
county
of
residence
or
the
state
for
liability
incurred
by
the
county
or
the
state
for
the
payment
of
care,
support,
and
maintenance
of
the
patient,
when
billed
by
the
county
or
state,
as
applicable.
Sec.
440.
Section
222.87,
Code
2023,
is
amended
to
read
as
follows:
222.87
Deposit
in
bank.
The
business
manager
department
shall
deposit
the
patients’
personal
deposit
fund
in
a
commercial
account
of
a
bank
of
reputable
standing.
When
deposits
in
the
commercial
account
exceed
average
monthly
withdrawals,
the
business
manager
department
may
deposit
the
excess
at
interest.
The
savings
account
shall
be
in
the
name
of
the
patients’
personal
deposit
fund
and
interest
paid
thereon
on
the
account
may
be
used
for
recreational
purposes
for
the
patients
at
the
resource
center
or
special
unit.
Sec.
441.
Section
222.88,
Code
2023,
is
amended
to
read
as
follows:
222.88
Special
intellectual
disability
unit.
The
director
of
human
services
may
organize
and
establish
a
special
intellectual
disability
unit
at
an
existing
institution
which
may
provide:
1.
Psychiatric
and
related
services
to
children
with
an
intellectual
disability
and
adults
who
are
also
emotionally
disturbed
with
an
emotional
disturbance
or
otherwise
mentally
ill
a
mental
illness
.
2.
Specific
programs
to
meet
the
needs
of
such
other
special
categories
of
persons
with
an
intellectual
disability
as
may
be
designated
by
the
director.
Senate
File
514,
p.
255
3.
Appropriate
diagnostic
evaluation
services.
Sec.
442.
Section
225.1,
subsection
2,
Code
2023,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
c.
“Respondent”
means
the
same
as
defined
in
section
229.1.
Sec.
443.
Section
225.5,
Code
2023,
is
amended
to
read
as
follows:
225.5
Cooperation
of
hospitals.
The
medical
director
of
the
state
psychiatric
hospital
shall
seek
to
bring
about
systematic
cooperation
between
the
several
state
hospitals
for
persons
with
mental
illness
health
institutes
and
the
state
psychiatric
hospital.
Sec.
444.
Section
225.26,
Code
2023,
is
amended
to
read
as
follows:
225.26
Private
patients
——
disposition
of
funds.
All
moneys
collected
from
private
patients
shall
be
used
for
the
support
of
the
said
state
psychiatric
hospital.
Sec.
445.
Section
225.28,
Code
2023,
is
amended
to
read
as
follows:
225.28
Appropriation.
The
state
shall
pay
to
the
state
psychiatric
hospital,
out
of
any
moneys
in
the
state
treasury
not
otherwise
appropriated,
all
expenses
for
the
administration
of
the
hospital,
and
for
the
care,
treatment,
and
maintenance
of
committed
and
voluntary
public
patients
therein
in
the
state
psychiatric
hospital
,
including
their
clothing
and
all
other
expenses
of
the
hospital
for
the
public
patients.
The
bills
for
the
expenses
shall
be
rendered
monthly
in
accordance
with
rules
agreed
upon
by
the
director
of
the
department
of
administrative
services
and
the
state
board
of
regents.
Sec.
446.
Section
225.33,
Code
2023,
is
amended
to
read
as
follows:
225.33
Death
of
patient
——
disposal
of
body.
In
the
event
that
a
When
a
committed
public
patient
or
a
voluntary
public
patient
or
a
committed
private
patient
should
die
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
state
board
of
health
council
on
health
and
Senate
File
514,
p.
256
human
services
for
shipping
such
bodies
;
and
it
shall
be
.
It
is
the
duty
of
the
state
board
of
regents
to
make
arrangements
for
the
embalming
and
such
other
preparation
as
may
be
necessary
to
comply
with
the
rules
and
for
the
purchase
of
suitable
caskets.
Sec.
447.
Section
225.35,
Code
2023,
is
amended
to
read
as
follows:
225.35
Expense
collected.
In
the
event
that
the
said
When
a
person
is
a
committed
private
patient,
it
shall
be
is
the
duty
of
the
county
auditor
of
the
proper
county
to
proceed
to
collect
all
of
such
expenses,
in
accordance
with
the
provisions
of
sections
225.23
and
225.24
.
Sec.
448.
Section
225C.2,
Code
2023,
is
amended
to
read
as
follows:
225C.2
Definitions.
As
used
in
this
chapter
:
1.
“Administrator”
means
the
administrator
of
the
division.
2.
1.
“Child”
or
“children”
means
a
person
or
persons
under
eighteen
years
of
age.
3.
2.
“Children’s
behavioral
health
services”
means
services
for
children
with
a
serious
emotional
disturbance.
4.
3.
“Children’s
behavioral
health
system”
or
“children’s
system”
means
the
behavioral
health
service
system
for
children
implemented
pursuant
to
this
subchapter
.
5.
4.
“Commission”
means
the
mental
health
and
disability
services
commission.
5.
“Council”
means
the
council
on
health
and
human
services.
6.
“Department”
means
the
department
of
health
and
human
services.
7.
“Director”
means
the
director
of
health
and
human
services.
8.
“Disability
services”
means
services
and
other
support
available
to
a
person
with
mental
illness,
an
intellectual
disability
or
other
developmental
disability,
or
brain
injury.
9.
“Division”
means
the
division
of
mental
health
and
disability
services
of
the
department.
10.
9.
“Mental
health
and
disability
services
region”
means
a
mental
health
and
disability
services
region
formed
in
accordance
with
section
331.389
.
11.
10.
“Mental
health
and
disability
services
regional
Senate
File
514,
p.
257
service
system”
means
the
mental
health
and
disability
service
system
for
a
mental
health
and
disability
services
region.
12.
11.
“Regional
administrator”
means
the
same
as
defined
in
section
331.388
.
13.
12.
“Serious
emotional
disturbance”
means
a
diagnosable
mental,
behavioral,
or
emotional
disorder
of
sufficient
duration
to
meet
diagnostic
criteria
specified
within
the
most
current
diagnostic
and
statistical
manual
of
mental
disorders
published
by
the
American
psychiatric
association
that
results
in
a
functional
impairment.
“Serious
emotional
disturbance”
does
not
include
substance
use
or
developmental
disorders
unless
those
disorders
co-occur
with
such
a
diagnosable
mental,
behavioral,
or
emotional
disorder.
14.
13.
“State
board”
means
the
children’s
behavioral
health
system
state
board
created
in
section
225C.51
.
Sec.
449.
Section
225C.3,
Code
2023,
is
amended
to
read
as
follows:
225C.3
Division
of
mental
health
and
disability
services
Department
——
state
mental
health
authority.
1.
The
division
department
is
designated
the
state
mental
health
authority
as
defined
in
42
U.S.C.
§201(m)
(1976)
for
the
purpose
of
directing
the
benefits
of
the
National
Mental
Health
Act,
42
U.S.C.
§201
et
seq.
This
designation
does
not
preclude
the
state
board
of
regents
from
authorizing
or
directing
any
institution
under
its
jurisdiction
to
carry
out
educational,
prevention,
and
research
activities
in
the
areas
of
mental
health
and
intellectual
disability.
The
division
department
may
contract
with
the
state
board
of
regents
or
any
institution
under
the
board’s
jurisdiction
to
perform
any
of
these
functions.
2.
The
division
department
is
designated
the
state
developmental
disabilities
agency
for
the
purpose
of
directing
the
benefits
of
the
federal
Developmental
Disabilities
Assistance
and
Bill
of
Rights
Act,
42
U.S.C.
§15001
et
seq.
3.
The
division
is
administered
by
the
administrator.
The
administrator
of
the
division
shall
be
qualified
in
the
general
field
of
mental
health,
intellectual
disability,
or
other
disability
services,
and
preferably
in
more
than
one
field.
The
administrator
shall
have
at
least
five
years
of
experience
as
an
Senate
File
514,
p.
258
administrator
in
one
or
more
of
these
fields.
Sec.
450.
Section
225C.4,
Code
2023,
is
amended
to
read
as
follows:
225C.4
Administrator’s
Department
duties.
1.
To
the
extent
funding
is
available,
the
administrator
department
shall
perform
the
following
duties:
a.
Prepare
and
administer
the
comprehensive
mental
health
and
disability
services
plan
as
provided
in
section
225C.6B
,
including
state
mental
health
and
intellectual
disability
plans
for
the
provision
of
disability
services
within
the
state
and
the
state
developmental
disabilities
plan.
The
administrator
department
shall
take
into
account
any
related
planning
activities
implemented
by
the
Iowa
department
of
public
health,
the
state
board
of
regents
or
a
body
designated
by
the
board
for
that
purpose,
the
department
of
management
or
a
body
designated
by
the
director
of
the
department
for
that
purpose,
the
department
of
education,
the
department
of
workforce
development
and
any
other
appropriate
governmental
body,
in
order
to
facilitate
coordination
of
disability
services
provided
in
this
state.
The
state
mental
health
and
intellectual
disability
plans
shall
be
consistent
with
the
state
health
plan,
and
shall
take
into
account
mental
health
and
disability
services
regional
service
system
management
plans.
b.
Assist
mental
health
and
disability
services
region
governing
boards
and
regional
administrators
in
planning
for
community-based
disability
services.
c.
Assist
the
state
board
in
planning
for
community-based
children’s
behavioral
health
services.
d.
Emphasize
the
provision
of
evidence-based
outpatient
and
community
support
services
by
community
mental
health
centers
and
local
intellectual
disability
providers
as
a
preferable
alternative
to
acute
inpatient
services
and
services
provided
in
large
institutional
settings.
e.
Encourage
and
facilitate
coordination
of
mental
health
and
disability
services
with
the
objective
of
developing
and
maintaining
in
the
state
a
mental
health
and
disability
service
delivery
system
to
provide
services
to
all
persons
in
this
state
who
need
the
services,
regardless
of
the
place
of
residence
or
economic
circumstances
of
those
persons.
The
administrator
Senate
File
514,
p.
259
department
shall
work
with
the
commission
and
other
state
agencies,
including
but
not
limited
to
the
departments
of
corrections
,
and
education,
and
public
health
and
the
state
board
of
regents,
to
develop
and
implement
a
strategic
plan
to
expand
access
to
qualified
mental
health
workers
across
the
state.
f.
Encourage
and
facilitate
applied
research
and
preventive
educational
activities
related
to
causes
and
appropriate
treatment
for
disabilities.
The
administrator
department
may
designate,
or
enter
into
agreements
with,
private
or
public
agencies
to
carry
out
this
function.
g.
Coordinate
community-based
services
with
those
of
the
state
mental
health
institutes
and
state
resource
centers.
h.
Administer
state
programs
regarding
the
care,
treatment,
and
supervision
of
persons
with
mental
illness
or
an
intellectual
disability,
except
the
programs
administered
by
the
state
board
of
regents.
i.
Administer
and
distribute
state
appropriations
in
connection
with
the
mental
health
and
disability
services
regional
service
fund
established
by
section
225C.7A
.
j.
Act
as
compact
administrator
with
power
to
effectuate
the
purposes
of
interstate
compacts
on
mental
health.
k.
Establish
and
maintain
a
data
collection
and
management
information
system
oriented
to
the
needs
of
patients,
providers,
the
department,
and
other
programs
or
facilities
in
accordance
with
section
225C.6A
.
The
system
shall
be
used
to
identify,
collect,
and
analyze
service
outcome
and
performance
measures
data
in
order
to
assess
the
effects
of
the
services
on
the
persons
utilizing
the
services.
The
administrator
department
shall
annually
submit
to
the
commission
information
collected
by
the
department
indicating
the
changes
and
trends
in
the
mental
health
and
disability
services
system.
The
administrator
department
shall
make
the
outcome
data
available
to
the
public.
l.
Encourage
and
facilitate
coordination
of
children’s
behavioral
health
services
with
the
objective
of
developing
and
maintaining
in
the
state
a
children’s
behavioral
health
system
to
provide
behavioral
health
services
to
all
children
in
this
state
who
need
the
services,
regardless
of
the
place
Senate
File
514,
p.
260
of
residence
or
economic
circumstances
of
those
children.
The
administrator
department
shall
work
with
the
state
board
and
other
state
agencies
including
but
not
limited
to
the
department
of
education
and
the
department
of
public
health
to
develop
and
implement
a
strategic
plan
to
expand
access
to
qualified
mental
health
workers
across
the
state.
m.
Establish
and
maintain
a
data
collection
and
management
information
system
oriented
to
the
needs
of
children
utilizing
the
children’s
behavioral
health
system,
providers,
the
department,
and
other
programs
or
facilities
in
accordance
with
section
225C.6A
.
The
system
shall
be
used
to
identify,
collect,
and
analyze
service
outcome
and
performance
measures
data
in
order
to
assess
the
effects
of
the
services
on
the
children
utilizing
the
services.
The
administrator
department
shall
annually
submit
to
the
state
board
information
collected
by
the
department
indicating
the
changes
and
trends
in
the
children’s
behavioral
health
system.
The
administrator
department
shall
make
the
outcome
data
available
to
the
public.
n.
Prepare
a
division
budget
and
reports
of
the
division’s
department’s
activities.
o.
Establish
suitable
agreements
with
other
state
agencies
to
encourage
appropriate
care
and
to
facilitate
the
coordination
of
disability
services.
p.
Provide
consultation
and
technical
assistance
to
patients’
advocates
appointed
pursuant
to
section
229.19
,
in
cooperation
with
the
judicial
branch
and
the
certified
volunteer
long-term
care
ombudsmen
certified
pursuant
to
section
231.45
.
q.
Provide
technical
assistance
to
agencies
and
organizations,
to
aid
them
in
meeting
standards
which
are
established,
or
with
which
compliance
is
required,
under
statutes
administered
by
the
administrator
department
,
including
but
not
limited
to
chapters
227
and
230A
.
r.
Recommend
to
the
commission
minimum
accreditation
standards
for
the
maintenance
and
operation
of
community
mental
health
centers,
services,
and
programs
under
section
230A.110
.
The
administrator’s
department’s
review
and
evaluation
of
the
centers,
services,
and
programs
for
compliance
with
the
adopted
standards
shall
be
as
provided
in
section
230A.111
.
Senate
File
514,
p.
261
s.
Recommend
to
the
commission
minimum
standards
for
supported
community
living
services.
The
administrator
department
shall
review
and
evaluate
the
services
for
compliance
with
the
adopted
standards.
t.
In
cooperation
with
the
department
of
inspections
and
appeals,
recommend
minimum
standards
under
section
227.4
for
the
care
of
and
services
to
persons
with
mental
illness
or
an
intellectual
disability
residing
in
county
care
facilities.
The
administrator
department
shall
also
cooperate
with
the
department
of
inspections
and
appeals
in
recommending
minimum
standards
for
care
of
and
services
provided
to
persons
with
mental
illness
or
an
intellectual
disability
living
in
a
residential
care
facility
regulated
under
chapter
135C
.
u.
In
cooperation
with
the
Iowa
department
of
public
health,
recommend
Recommend
minimum
standards
for
the
maintenance
and
operation
of
public
or
private
facilities
offering
disability
services,
which
are
not
subject
to
licensure
by
the
department
or
the
department
of
inspections
and
appeals.
v.
Provide
technical
assistance
concerning
disability
services
and
funding
to
mental
health
and
disability
services
region
governing
boards
and
regional
administrators.
w.
Coordinate
with
the
mental
health
planning
and
advisory
council
created
pursuant
to
42
U.S.C.
§300x-3
to
ensure
the
council
membership
includes
representation
by
a
military
veteran
who
is
knowledgeable
concerning
the
behavioral
and
mental
health
issues
of
veterans.
x.
Enter
into
performance-based
contracts
with
regional
administrators
as
described
in
section
331.390
.
A
performance-based
contract
shall
require
a
regional
administrator
to
fulfill
the
statutory
and
regulatory
requirements
of
the
regional
service
system
under
this
chapter
and
chapter
331
.
A
failure
to
fulfill
the
requirements
may
be
addressed
by
remedies
specified
in
the
contract,
including
but
not
limited
to
suspension
of
contract
payments
or
cancellation
of
the
contract.
The
contract
provisions
may
include
but
are
not
limited
to
requirements
for
the
regional
service
system
to
attain
outcomes
within
a
specified
range
of
acceptable
performance
in
any
of
the
following
categories:
(1)
Access
standards
for
the
required
core
services.
Senate
File
514,
p.
262
(2)
Penetration
rates
for
serving
the
number
of
persons
expected
to
be
served.
(3)
Utilization
rates
for
inpatient
and
residential
treatment.
(4)
Readmission
rates
for
inpatient
and
residential
treatment.
(5)
Employment
of
the
persons
receiving
services.
(6)
Administrative
costs.
(7)
Data
reporting.
(8)
Timely
and
accurate
claims
processing.
(9)
School
attendance.
y.
Provide
information
through
the
internet
concerning
waiting
lists
for
services
implemented
by
mental
health
and
disability
services
regions.
2.
The
administrator
department
may:
a.
Apply
for,
receive,
and
administer
federal
aids,
grants,
and
gifts
for
purposes
relating
to
disability
services
or
programs.
b.
Establish
and
supervise
suitable
standards
of
care,
treatment,
and
supervision
for
persons
with
disabilities
in
all
institutions
under
the
control
of
the
director
of
human
services
.
c.
Appoint
professional
consultants
to
furnish
advice
on
any
matters
pertaining
to
disability
services.
The
consultants
shall
be
paid
as
provided
by
an
appropriation
of
the
general
assembly.
d.
Administer
a
public
housing
unit
within
a
bureau
of
the
division
program
to
apply
for,
receive,
and
administer
federal
assistance,
grants,
and
other
public
or
private
funds
for
purposes
related
to
providing
housing
in
accordance
with
section
225C.45
.
Sec.
451.
Section
225C.5,
subsection
1,
paragraph
j,
Code
2023,
is
amended
to
read
as
follows:
j.
One
member
shall
be
an
active
board
member
of
an
agency
serving
persons
with
a
substance
abuse
problem
use
disorder
selected
from
nominees
submitted
by
the
Iowa
behavioral
health
association.
Sec.
452.
Section
225C.6,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
263
225C.6
Duties
of
commission.
1.
To
the
extent
funding
is
available,
the
commission
shall
perform
the
following
duties:
a.
Advise
the
administrator
department
on
the
administration
of
the
overall
state
disability
services
system.
b.
Pursuant
to
recommendations
made
for
this
purpose
by
the
administrator
director
,
adopt
necessary
rules
pursuant
to
chapter
17A
which
relate
to
disability
programs
and
services,
including
but
not
limited
to
definitions
of
each
disability
included
within
the
term
“disability
services”
as
necessary
for
purposes
of
state,
county,
and
regional
planning,
programs,
and
services.
c.
Adopt
standards
for
community
mental
health
centers,
services,
and
programs
as
recommended
under
section
230A.110
.
The
administrator
department
shall
determine
whether
to
grant,
deny,
or
revoke
the
accreditation
of
the
centers,
services,
and
programs.
d.
Adopt
standards
for
the
provision
under
the
medical
assistance
program
of
individual
case
management
services.
e.
Unless
another
governmental
body
sets
standards
for
a
service
available
to
persons
with
disabilities,
adopt
state
standards
for
that
service.
The
commission
shall
review
the
licensing
standards
used
by
the
department
of
human
services
or
department
of
inspections
and
appeals
for
those
facilities
providing
disability
services.
f.
Assure
that
proper
reconsideration
and
appeal
procedures
are
available
to
persons
aggrieved
by
decisions,
actions,
or
circumstances
relating
to
accreditation.
g.
Adopt
necessary
rules
for
awarding
grants
from
the
state
and
federal
government
as
well
as
other
moneys
that
become
available
to
the
division
department
for
grant
purposes.
h.
Annually
submit
to
the
governor
and
the
general
assembly:
(1)
A
report
concerning
the
activities
of
the
commission.
(2)
Recommendations
formulated
by
the
commission
for
changes
in
law.
i.
By
January
1
of
each
odd-numbered
year,
submit
to
the
governor
and
the
general
assembly
an
evaluation
of:
(1)
The
extent
to
which
services
to
persons
with
disabilities
are
actually
available
to
persons
in
each
county
Senate
File
514,
p.
264
and
mental
health
and
disability
services
region
in
the
state
and
the
quality
of
those
services.
(2)
The
effectiveness
of
the
services
being
provided
by
disability
service
providers
in
this
state
and
by
each
of
the
state
mental
health
institutes
established
under
chapter
226
and
by
each
of
the
state
resource
centers
established
under
chapter
222
.
j.
Advise
the
administrator
director
,
the
council
on
human
services
,
the
governor,
and
the
general
assembly
on
budgets
and
appropriations
concerning
disability
services.
k.
Coordinate
activities
with
the
Iowa
developmental
disabilities
council
and
the
mental
health
planning
council,
created
pursuant
to
federal
law.
The
commission
shall
work
with
other
state
agencies
on
coordinating,
collaborating,
and
communicating
concerning
activities
involving
persons
with
disabilities.
l.
Pursuant
to
a
recommendation
made
by
the
administrator
department
,
identify
basic
financial
eligibility
standards
for
the
disability
services
provided
by
a
mental
health
and
disability
services
region.
The
initial
standards
shall
be
as
specified
in
chapter
331
.
m.
Identify
disability
services
outcomes
and
indicators
to
support
the
ability
of
eligible
persons
with
a
disability
to
live,
learn,
work,
and
recreate
in
communities
of
the
persons’
choice.
The
identification
duty
includes
but
is
not
limited
to
responsibility
for
identifying,
collecting,
and
analyzing
data
as
necessary
to
issue
reports
on
outcomes
and
indicators
at
the
county,
region,
and
state
levels.
2.
Notwithstanding
section
217.3
,
subsection
6
,
the
commission
may
adopt
the
rules
authorized
by
subsection
1
,
pursuant
to
chapter
17A
,
without
prior
review
and
approval
of
those
rules
by
the
council
on
human
services
.
3.
If
the
executive
branch
creates
a
committee,
task
force,
council,
or
other
advisory
body
to
consider
disability
services
policy
or
program
options
involving
children
or
adult
consumers,
the
commission
is
designated
to
receive
and
consider
any
report,
findings,
recommendations,
or
other
work
product
issued
by
such
body.
The
commission
may
address
the
report,
findings,
recommendations,
or
other
work
product
in
fulfilling
Senate
File
514,
p.
265
the
commission’s
functions
and
to
advise
the
department,
council
on
human
services
,
governor,
and
general
assembly
concerning
disability
services.
4.
a.
The
department
shall
coordinate
with
the
department
of
inspections
and
appeals
in
the
establishment
of
facility-based
and
community-based,
subacute
mental
health
services.
b.
A
person
shall
not
provide
community-based,
subacute
mental
health
services
unless
the
person
has
been
accredited
to
provide
the
services.
The
commission
shall
adopt
standards
for
subacute
mental
health
services
and
for
accreditation
of
providers
of
community-based,
subacute
mental
health
services.
c.
As
used
in
this
subsection
,
“subacute
mental
health
services”
means
all
of
the
following:
(1)
A
comprehensive
set
of
wraparound
services
for
persons
who
have
had
or
are
at
imminent
risk
of
having
acute
or
crisis
mental
health
symptoms
that
do
not
permit
the
persons
to
remain
in
or
threatens
removal
of
the
persons
from
their
home
and
community,
but
who
have
been
determined
by
a
mental
health
professional
and
a
licensed
health
care
professional,
subject
to
the
professional’s
scope
of
practice,
not
to
need
inpatient
acute
hospital
services.
For
the
purposes
of
this
subparagraph,
“mental
health
professional”
means
the
same
as
defined
in
section
228.1
and
“licensed
health
care
professional”
means
a
person
licensed
under
chapter
148
to
practice
medicine
and
surgery
or
osteopathic
medicine
and
surgery,
an
advanced
registered
nurse
practitioner
licensed
under
chapter
152
or
152E
,
or
a
physician
assistant
licensed
to
practice
under
the
supervision
of
a
physician
as
authorized
in
chapters
147
and
148C
.
(2)
Intensive,
recovery-oriented
treatment
and
monitoring
of
the
person
with
direct
or
remote
access
to
a
psychiatrist
or
advanced
registered
nurse
practitioner.
(3)
An
outcome-focused,
interdisciplinary
approach
designed
to
return
the
person
to
living
successfully
in
the
community.
(4)
Services
that
may
be
provided
in
a
wide
array
of
settings
ranging
from
the
person’s
home
to
a
facility
providing
subacute
mental
health
services.
(5)
Services
that
are
time
limited
to
not
more
than
ten
Senate
File
514,
p.
266
days
or
another
time
period
determined
in
accordance
with
rules
adopted
for
this
purpose.
d.
Subacute
mental
health
services
and
the
standards
for
the
services
shall
be
established
in
a
manner
that
allows
for
accessing
federal
Medicaid
funding.
Sec.
453.
Section
225C.6B,
Code
2023,
is
amended
to
read
as
follows:
225C.6B
Mental
health
and
disability
services
system
——
legislative
intent
——
comprehensive
plan
——
state
and
regional
service
systems.
1.
Intent.
a.
The
general
assembly
intends
for
the
state
to
implement
a
comprehensive,
continuous,
and
integrated
state
mental
health
and
disability
services
plan
in
accordance
with
the
requirements
of
sections
225C.4
and
225C.6
and
other
provisions
of
this
chapter
,
by
increasing
the
department’s
responsibilities
in
the
development,
funding,
oversight,
and
ongoing
leadership
of
mental
health
and
disability
services
in
this
state.
b.
In
order
to
further
the
purposes
listed
in
section
225C.1
and
in
other
provisions
of
this
chapter
,
the
general
assembly
intends
that
efforts
focus
on
the
goal
of
making
available
a
comprehensive
array
of
high-quality,
evidence-based
consumer
and
family-centered
mental
health
and
disability
services
and
other
support
in
the
least
restrictive,
community-based
setting
appropriate
for
a
consumer.
c.
In
addition,
it
is
the
intent
of
the
general
assembly
to
promote
policies
and
practices
that
achieve
for
consumers
the
earliest
possible
detection
of
mental
health
problems
and
the
need
for
disability
services
and
for
early
intervention;
to
stress
that
all
health
care
programs
address
mental
health
disorders
with
the
same
urgency
as
physical
health
disorders;
to
promote
the
policies
of
all
public
programs
that
serve
adults
and
children
with
mental
disorders
or
with
a
need
for
disability
services,
including
but
not
limited
to
child
welfare,
Medicaid,
education,
housing,
criminal
and
juvenile
justice,
substance
abuse
use
disorder
treatment,
and
employment
services;
to
consider
the
special
mental
health
and
disability
services
needs
of
adults
and
children;
and
to
promote
recovery
and
Senate
File
514,
p.
267
resiliency
as
expected
outcomes
for
all
consumers.
2.
Comprehensive
plan.
The
division
department
shall
develop
a
comprehensive
written
five-year
state
mental
health
and
disability
services
plan
with
annual
updates
and
readopt
the
plan
every
five
years.
The
plan
shall
describe
the
key
components
of
the
state’s
mental
health
and
disability
services
system,
including
the
services
that
are
community-based,
state
institution-based,
or
regional
or
state-based.
The
five-year
plan
and
each
update
shall
be
submitted
annually
to
the
commission
on
or
before
October
30
for
review
and
approval.
3.
State
and
regional
disability
service
systems.
The
publicly
financed
disability
services
for
persons
with
mental
illness,
intellectual
disability
or
other
developmental
disability,
or
brain
injury
in
this
state
shall
be
provided
by
the
department
and
the
counties
operating
together
as
regions.
The
financial
and
administrative
responsibility
for
such
services
is
as
follows:
a.
Disability
services
for
children
and
adults
that
are
covered
under
the
medical
assistance
program
pursuant
to
chapter
249A
are
the
responsibility
of
the
state.
b.
Adult
mental
health
and
intellectual
disability
services
that
are
not
covered
under
the
medical
assistance
program
are
the
responsibility
of
the
county-based
regional
service
system.
c.
Children’s
behavioral
health
services
provided
to
eligible
children
that
are
not
covered
under
the
medical
assistance
program
or
other
third-party
payor
are
the
responsibility
of
the
county-based
regional
service
system.
Sec.
454.
Section
225C.6C,
Code
2023,
is
amended
to
read
as
follows:
225C.6C
Regional
service
system
——
regulatory
requirements.
1.
The
departments
department
and
the
department
of
inspections
,
and
appeals,
human
services,
and
public
health
and
licensing
shall
comply
with
the
requirements
of
this
section
in
their
efforts
to
improve
the
regulatory
requirements
applied
to
the
mental
health
and
disability
services
regional
service
system
administration
and
service
providers.
2.
The
three
departments
shall
work
together
to
establish
a
process
to
streamline
accreditation,
certification,
and
licensing
standards
applied
to
the
regional
service
system
Senate
File
514,
p.
268
administration
and
service
providers.
3.
The
departments
of
human
services
and
inspections
and
appeals
shall
jointly
review
the
standards
and
inspection
process
applicable
to
residential
care
facilities.
4.
The
three
departments
shall
do
all
of
the
following
in
developing
regulatory
requirements
applicable
to
the
regional
service
system
administration
and
service
providers:
a.
Consider
the
costs
to
regional
administrators
and
providers
in
the
development
of
quality
monitoring
efforts.
b.
Implement
the
use
of
uniform,
streamlined,
and
statewide
cost
reporting
standards
and
tools
by
the
regional
service
system
and
the
department
of
human
services
.
c.
Make
quality
monitoring
information,
including
services,
quality,
and
location
information,
easily
available
and
understandable
to
all
citizens.
d.
Establish
standards
that
are
clearly
understood
and
are
accompanied
by
interpretive
guidelines
to
support
understanding
by
those
responsible
for
applying
the
standards.
e.
Develop
a
partnership
with
providers
in
order
to
improve
the
quality
of
services
and
develop
mechanisms
for
the
provision
of
technical
assistance.
f.
Develop
consistent
data
collection
efforts
based
on
statewide
standards
and
make
information
available
to
all
providers.
The
efforts
under
this
paragraph
shall
be
made
with
representatives
of
the
Iowa
state
association
of
counties.
g.
Evaluate
existing
provider
qualification
and
monitoring
efforts
to
identify
duplication
and
gaps,
and
align
the
efforts
with
valued
outcomes.
h.
Streamline
and
enhance
existing
standards.
i.
Consider
allowing
providers
to
seek
accreditation
from
a
national
accrediting
body
in
lieu
of
state
accreditation
or
certification.
Sec.
455.
Section
225C.7A,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
a.
For
the
fiscal
year
beginning
July
1,
2021,
each
mental
health
and
disability
services
region
for
which
the
amount
certified
during
the
fiscal
year
under
section
331.391,
subsection
4
,
paragraph
“b”
,
exceeds
forty
percent
of
the
actual
expenditures
of
the
region
for
the
fiscal
year
preceding
the
Senate
File
514,
p.
269
fiscal
year
in
progress,
the
remaining
quarterly
payments
of
the
region’s
regional
service
payment
shall
be
reduced
by
an
amount
equal
to
the
amount
by
which
the
region’s
amount
certified
under
section
331.391,
subsection
4
,
paragraph
“b”
,
exceeds
forty
percent
of
the
actual
expenditures
of
the
region
for
the
fiscal
year
preceding
the
fiscal
year
in
progress,
but
the
amount
of
the
reduction
shall
not
exceed
the
total
amount
of
the
region’s
regional
service
payment
for
the
fiscal
year.
If
the
region’s
remaining
quarterly
payments
are
insufficient
to
effectuate
the
required
reductions
under
this
paragraph,
the
region
is
required
to
pay
to
the
department
of
human
services
any
amount
for
which
the
reduction
in
quarterly
payments
could
not
be
made.
The
amount
of
reductions
to
quarterly
payments
and
amounts
paid
to
the
department
under
this
paragraph
shall
be
transferred
and
credited
to
the
region
incentive
fund
under
subsection
8
.
b.
For
the
fiscal
year
beginning
July
1,
2022,
each
mental
health
and
disability
services
region
for
which
the
amount
certified
during
the
fiscal
year
under
section
331.391,
subsection
4
,
paragraph
“b”
,
exceeds
twenty
percent
of
the
actual
expenditures
of
the
region
for
the
fiscal
year
preceding
the
fiscal
year
in
progress,
the
remaining
quarterly
payments
of
the
region’s
regional
service
payment
shall
be
reduced
by
an
amount
equal
to
the
amount
by
which
the
region’s
amount
certified
under
section
331.391,
subsection
4
,
paragraph
“b”
,
exceeds
twenty
percent
of
the
actual
expenditures
of
the
region
for
the
fiscal
year
preceding
the
fiscal
year
in
progress,
but
the
amount
of
the
reduction
shall
not
exceed
the
total
amount
of
the
region’s
regional
service
payment
for
the
fiscal
year.
If
the
region’s
remaining
quarterly
payments
are
insufficient
to
effectuate
the
required
reductions
under
this
paragraph,
the
region
is
required
to
pay
to
the
department
of
human
services
any
amount
for
which
the
reduction
in
quarterly
payments
could
not
be
made.
The
amount
of
reductions
to
quarterly
payments
and
amounts
paid
to
the
department
under
this
paragraph
shall
be
transferred
and
credited
to
the
region
incentive
fund
under
subsection
8
.
c.
For
the
fiscal
year
beginning
July
1,
2023,
and
each
succeeding
fiscal
year,
each
mental
health
and
disability
services
region
for
which
the
amount
certified
during
the
fiscal
Senate
File
514,
p.
270
year
under
section
331.391,
subsection
4
,
paragraph
“b”
,
exceeds
five
percent
of
the
actual
expenditures
of
the
region
for
the
fiscal
year
preceding
the
fiscal
year
in
progress,
the
remaining
quarterly
payments
of
the
region’s
regional
service
payment
shall
be
reduced
by
an
amount
equal
to
the
amount
by
which
the
region’s
amount
certified
under
section
331.391,
subsection
4
,
paragraph
“b”
,
exceeds
five
percent
of
the
actual
expenditures
of
the
region
for
the
fiscal
year
preceding
the
fiscal
year
in
progress,
but
the
amount
of
the
reduction
shall
not
exceed
the
total
amount
of
the
region’s
regional
service
payment
for
the
fiscal
year.
If
the
region’s
remaining
quarterly
payments
are
insufficient
to
effectuate
the
required
reductions
under
this
paragraph,
the
region
is
required
to
pay
to
the
department
of
human
services
any
amount
for
which
the
reduction
in
quarterly
payments
could
not
be
made.
The
amount
of
reductions
to
quarterly
payments
and
amounts
paid
to
the
department
under
this
paragraph
shall
be
transferred
and
credited
to
the
region
incentive
fund
under
subsection
8
.
Sec.
456.
Section
225C.13,
Code
2023,
is
amended
to
read
as
follows:
225C.13
Authority
to
establish
and
lease
facilities.
1.
The
administrator
assigned,
in
accordance
with
section
218.1
,
to
control
the
state
mental
health
institutes
and
the
state
resource
centers
department
may
enter
into
agreements
under
which
a
facility
or
portion
of
a
facility
administered
by
the
administrator
department
under
section
218.1
is
leased
to
a
department
or
a
division
of
state
government,
a
county
or
group
of
counties,
a
mental
health
and
disability
services
region,
or
a
private
nonprofit
corporation
organized
under
chapter
504
.
A
lease
executed
under
this
section
shall
require
that
the
lessee
use
the
leased
premises
to
deliver
either
disability
services
or
other
services
normally
delivered
by
the
lessee.
2.
The
division
administrator
director
may
work
with
the
appropriate
administrator
of
the
department’s
institutions
to
establish
mental
health
and
intellectual
disability
services
for
all
institutions
under
the
control
of
the
director
of
human
services
and
to
establish
an
autism
unit,
following
mutual
planning
and
consultation
with
the
medical
director
of
the
state
psychiatric
hospital,
at
an
institution
or
a
facility
Senate
File
514,
p.
271
administered
by
the
department
to
provide
psychiatric
and
related
services
and
other
specific
programs
to
meet
the
needs
of
autistic
persons
with
autism
,
and
to
furnish
appropriate
diagnostic
evaluation
services.
Sec.
457.
Section
225C.19,
Code
2023,
is
amended
to
read
as
follows:
225C.19
Emergency
mental
health
crisis
services
system.
1.
For
the
purposes
of
this
section
:
a.
“Emergency
mental
health
crisis
services
provider”
means
a
provider
accredited
or
approved
by
the
department
to
provide
emergency
mental
health
crisis
services.
b.
“Emergency
mental
health
crisis
services
system”
or
“services
system”
means
a
coordinated
array
of
crisis
services
for
providing
a
response
to
assist
an
individual
adult
or
child
who
is
experiencing
a
mental
health
crisis
or
who
is
in
a
situation
that
is
reasonably
likely
to
cause
the
individual
to
have
a
mental
health
crisis
unless
assistance
is
provided.
2.
a.
The
division
department
shall
implement
an
emergency
mental
health
crisis
services
system
in
consultation
with
counties,
and
community
mental
health
centers
and
other
mental
health
and
social
service
providers,
in
accordance
with
this
section
.
b.
The
purpose
of
the
services
system
is
to
provide
a
statewide
array
of
time-limited
intervention
services
to
reduce
escalation
of
crisis
situations,
relieve
the
immediate
distress
of
individuals
experiencing
a
crisis
situation,
reduce
the
risk
of
individuals
in
a
crisis
situation
doing
harm
to
themselves
or
others,
and
promote
timely
access
to
appropriate
services
for
those
who
require
ongoing
mental
health
services.
c.
The
services
system
shall
be
available
twenty-four
hours
per
day,
seven
days
per
week
to
any
individual
who
is
in
or
is
determined
by
others
to
be
in
a
crisis
situation,
regardless
of
whether
the
individual
has
been
diagnosed
with
a
mental
illness
or
a
co-occurring
mental
illness
and
substance
abuse
use
disorder.
The
system
shall
address
all
ages,
income
levels,
and
health
coverage
statuses.
d.
The
goals
of
an
intervention
offered
by
a
provider
under
the
services
system
shall
include
but
are
not
limited
to
symptom
reduction,
stabilization
of
the
individual
receiving
the
Senate
File
514,
p.
272
intervention,
and
restoration
of
the
individual
to
a
previous
level
of
functioning.
e.
The
elements
of
the
services
system
shall
be
specified
in
administrative
rules
adopted
by
the
commission.
3.
The
services
system
elements
shall
include
but
are
not
limited
to
all
of
the
following:
a.
Standards
for
accrediting
or
approving
emergency
mental
health
crisis
services
providers.
Such
providers
may
include
but
are
not
limited
to
a
community
mental
health
center
designated
under
chapter
230A
,
a
unit
of
the
department
or
other
state
agency,
a
county,
a
mental
health
and
disability
services
region,
or
any
other
public
or
private
provider
who
meets
the
accreditation
or
approval
standards
for
an
emergency
mental
health
crisis
services
provider.
b.
Identification
by
the
division
department
of
geographic
regions,
groupings
of
mental
health
and
disability
services
regions,
service
areas,
or
other
means
of
distributing
and
organizing
the
emergency
mental
health
crisis
services
system
to
ensure
statewide
availability
of
the
services.
c.
Coordination
of
emergency
mental
health
crisis
services
with
all
of
the
following:
(1)
The
district
and
juvenile
courts.
(2)
Law
enforcement.
(3)
Judicial
district
departments
of
correctional
services.
(4)
Mental
health
and
disability
services
regions.
(5)
Other
mental
health,
substance
abuse
use
disorder
,
and
co-occurring
mental
illness
and
substance
abuse
use
disorder
services
available
through
the
state
and
counties
to
serve
both
children
and
adults.
d.
Identification
of
basic
services
to
be
provided
through
each
accredited
or
approved
emergency
mental
health
crisis
services
provider
which
may
include
but
are
not
limited
to
face-to-face
crisis
intervention,
stabilization,
support,
counseling,
preadmission
screening
for
individuals
who
may
require
psychiatric
hospitalization,
transportation,
and
follow-up
services.
e.
Identification
of
operational
requirements
for
emergency
mental
health
crisis
services
provider
accreditation
or
approval
which
may
include
providing
a
telephone
hotline,
Senate
File
514,
p.
273
mobile
crisis
staff,
collaboration
protocols,
follow-up
with
community
services,
information
systems,
and
competency-based
training.
4.
The
division
department
shall
initially
implement
the
program
through
a
competitive
block
grant
process.
The
implementation
shall
be
limited
to
the
extent
of
the
appropriations
provided
for
the
program.
Sec.
458.
Section
225C.19A,
Code
2023,
is
amended
to
read
as
follows:
225C.19A
Crisis
stabilization
programs.
The
department
shall
accredit,
certify,
or
apply
standards
of
review
to
authorize
the
operation
of
crisis
stabilization
programs,
including
crisis
stabilization
programs
operating
in
a
psychiatric
medical
institution
for
children
pursuant
to
chapter
135H
that
provide
children
with
mental
health,
substance
abuse
use
disorder
,
and
co-occurring
mental
health
and
substance
abuse
use
disorder
services.
In
authorizing
the
operation
of
a
crisis
stabilization
program,
the
department
shall
apply
the
relevant
requirements
for
an
emergency
mental
health
crisis
services
provider
and
system
under
section
225C.19
.
A
program
authorized
to
operate
under
this
section
is
not
required
to
be
licensed
under
chapter
135B
,
135C
,
135G
,
or
135H
,
or
certified
under
chapter
231C
.
The
commission
shall
adopt
rules
to
implement
this
section
.
The
department
shall
accept
accreditation
of
a
crisis
stabilization
program
by
a
national
accrediting
organization
in
lieu
of
applying
the
rules
adopted
in
accordance
with
this
section
to
the
program.
Sec.
459.
Section
225C.20,
Code
2023,
is
amended
to
read
as
follows:
225C.20
Responsibilities
of
mental
health
and
disability
services
regions
for
individual
case
management
services.
Individual
case
management
services
funded
under
the
medical
assistance
program
shall
be
provided
by
the
department
except
when
a
county
or
a
consortium
of
counties
contracts
with
the
department
to
provide
the
services.
A
regional
administrator
may
contract
for
one
or
more
counties
of
the
region
to
be
the
provider
at
any
time
and
the
department
shall
agree
to
the
contract
so
long
as
the
contract
meets
the
standards
for
case
management
adopted
by
the
department.
The
regional
Senate
File
514,
p.
274
administrator
may
subcontract
for
the
provision
of
case
management
services
so
long
as
the
subcontract
meets
the
same
standards.
A
regional
administrator
may
change
the
provider
of
individual
case
management
services
at
any
time.
If
the
current
or
proposed
contract
is
with
the
department,
the
regional
administrator
shall
provide
written
notification
of
a
change
at
least
ninety
days
before
the
date
the
change
will
take
effect.
Sec.
460.
Section
225C.21,
Code
2023,
is
amended
to
read
as
follows:
225C.21
Supported
community
living
services.
1.
As
used
in
this
section
,
“supported
community
living
services”
means
services
provided
in
a
noninstitutional
setting
to
adult
persons
with
mental
illness,
an
intellectual
disability,
or
developmental
disabilities
to
meet
the
persons’
daily
living
needs.
2.
The
commission
shall
adopt
rules
pursuant
to
chapter
17A
establishing
minimum
standards
for
supported
community
living
services.
The
administrator
department
shall
determine
whether
to
grant,
deny,
or
revoke
approval
for
any
supported
community
living
service.
3.
Approved
supported
community
living
services
may
receive
funding
from
the
state,
federal
and
state
social
services
block
grant
funds,
and
other
appropriate
funding
sources,
consistent
with
state
legislation
and
federal
regulations.
The
funding
may
be
provided
on
a
per
diem,
per
hour,
or
grant
basis,
as
appropriate.
Sec.
461.
Section
225C.23,
Code
2023,
is
amended
to
read
as
follows:
225C.23
Brain
injury
recognized
as
disability.
1.
The
department
of
human
services,
the
Iowa
department
of
public
health
,
the
department
of
education
and
its
divisions
division
of
special
education
and
of
the
department
of
education,
the
division
of
vocational
rehabilitation
services
of
the
department
of
workforce
development
,
the
department
of
human
rights
and
its
division
for
persons
with
disabilities,
the
department
for
the
blind,
and
all
other
state
agencies
which
serve
persons
with
brain
injuries,
shall
recognize
brain
injury
as
a
distinct
disability
and
shall
identify
those
persons
with
brain
injuries
among
the
persons
served
by
the
state
agency.
Senate
File
514,
p.
275
2.
For
the
purposes
of
this
section
,
“brain
injury”
means
the
same
as
defined
in
section
135.22
.
Sec.
462.
Section
225C.29,
Code
2023,
is
amended
to
read
as
follows:
225C.29
Compliance.
Except
for
a
violation
of
section
225C.28B,
subsection
2
,
the
sole
remedy
for
violation
of
a
rule
adopted
by
the
commission
to
implement
sections
225C.25
,
225C.26
,
225C.28A
,
and
225C.28B
shall
be
by
a
proceeding
for
compliance
initiated
by
request
to
the
division
department
pursuant
to
chapter
17A
.
Any
decision
of
the
division
department
shall
be
in
accordance
with
due
process
of
law
and
is
subject
to
appeal
to
the
Iowa
district
court
pursuant
to
sections
17A.19
and
17A.20
by
any
aggrieved
party.
Either
the
division
department
or
a
party
in
interest
may
apply
to
the
Iowa
district
court
for
an
order
to
enforce
the
decision
of
the
division
department
.
Any
rules
adopted
by
the
commission
to
implement
sections
225C.25
,
225C.26
,
225C.28A
,
and
225C.28B
do
not
create
any
right,
entitlement,
property
,
or
liberty
right
or
interest,
or
private
cause
of
action
for
damages
against
the
state
or
a
political
subdivision
of
the
state
or
for
which
the
state
or
a
political
subdivision
of
the
state
would
be
responsible.
Any
violation
of
section
225C.28B,
subsection
2
,
shall
solely
be
subject
to
the
enforcement
by
the
commissioner
of
insurance
and
penalties
granted
by
chapter
507B
for
a
violation
of
section
507B.4,
subsection
3
,
paragraph
“g”
.
Sec.
463.
Section
225C.35,
Code
2023,
is
amended
to
read
as
follows:
225C.35
Definitions.
For
purposes
of
this
subchapter
,
unless
the
context
otherwise
requires:
1.
“Department”
means
the
department
of
human
services.
2.
1.
“Family”
means
a
family
member
and
the
parent
or
legal
guardian
of
the
family
member.
3.
2.
“Family
member”
means
a
person
less
than
eighteen
years
of
age
who
by
educational
determination
has
a
moderate,
severe,
or
profound
educational
disability
or
special
health
care
needs
or
who
otherwise
meets
the
definition
of
developmental
disability
in
the
federal
Developmental
Disabilities
Assistance
and
Bill
of
Rights
Act,
as
codified
in
Senate
File
514,
p.
276
42
U.S.C.
§15002.
The
department
shall
adopt
rules
establishing
procedures
for
determining
whether
a
child
has
a
developmental
disability.
4.
3.
“Legal
guardian”
means
a
person
appointed
by
a
court
to
exercise
powers
over
a
family
member.
5.
4.
“Medical
assistance”
means
payment
of
all
or
part
of
the
care
authorized
to
be
provided
pursuant
to
chapter
249A
the
same
as
defined
in
section
249A.2
.
6.
5.
“Parent”
means
a
biological
or
adoptive
parent.
7.
6.
“Supplemental
security
income”
means
financial
assistance
provided
to
individuals
pursuant
to
Tit.
XVI
of
the
federal
Social
Security
Act,
42
U.S.C.
§1381
–
1383c.
Sec.
464.
Section
225C.37,
subsection
1,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
A
statement
that
if
the
child
receives
medical
assistance,
then
the
family
support
subsidy
shall
only
be
used
for
the
cost
of
a
service
which
is
not
covered
by
medical
assistance.
The
family
may
receive
welfare
public
assistance
for
which
the
family
is
eligible.
Sec.
465.
Section
225C.45,
Code
2023,
is
amended
to
read
as
follows:
225C.45
Public
housing
unit
program
.
1.
The
administrator
department
may
establish
a
public
housing
unit
within
a
bureau
of
the
division
program
to
apply
for,
receive,
and
administer
federal
assistance,
grants,
and
other
public
or
private
funds
for
purposes
related
to
providing
housing.
2.
In
implementing
the
public
housing
unit
program
,
the
division
department
may
do
all
of
the
following:
a.
Prepare,
implement,
and
operate
housing
projects
and
provide
for
the
construction,
improvement,
extension,
alteration,
or
repair
of
a
housing
project
under
the
division’s
department’s
jurisdiction.
b.
Develop
and
implement
studies,
conduct
analyses,
and
engage
in
research
concerning
housing
and
housing
needs.
The
information
obtained
from
these
activities
shall
be
made
available
to
the
public
and
to
the
building,
housing,
and
supply
industries.
c.
Cooperate
with
the
Iowa
finance
authority
,
and
Senate
File
514,
p.
277
participate
in
any
of
the
authority’s
programs
.
Use
,
and
use
any
funds
obtained
pursuant
to
subsection
1
to
participate
in
the
authority’s
programs.
The
division
department
shall
comply
with
rules
adopted
by
the
authority
as
the
rules
apply
to
the
housing
activities
of
the
division
department
.
3.
In
accepting
contributions,
grants,
or
other
financial
assistance
from
the
federal
government
relating
to
a
housing
activity
of
the
division
department
,
including
construction,
operation,
or
maintenance,
or
in
managing
a
housing
project
or
undertaking
constructed
or
owned
by
the
federal
government,
the
division
department
may
do
any
of
the
following:
a.
Comply
with
federally
required
conditions
or
enter
into
contracts
or
agreements
as
may
be
necessary,
convenient,
or
desirable.
b.
Take
any
other
action
necessary
or
desirable
in
order
to
secure
the
financial
aid
or
cooperation
of
the
federal
government.
c.
Include
in
a
contract
with
the
federal
government
for
financial
assistance
any
provision
which
the
federal
government
may
require
as
a
condition
of
the
assistance
that
is
consistent
with
the
provisions
of
this
section
.
4.
The
division
department
shall
not
proceed
with
a
housing
project
pursuant
to
this
section
,
unless
both
of
the
following
conditions
are
met:
a.
A
study
for
a
report
which
includes
recommendations
concerning
the
housing
available
within
a
community
is
publicly
issued
by
the
division
department
.
The
study
shall
be
included
in
the
division’s
department’s
recommendations
for
a
housing
project.
b.
The
division’s
department’s
recommendations
are
approved
by
a
majority
of
the
city
council
or
board
of
supervisors
with
jurisdiction
over
the
geographic
area
affected
by
the
recommendations.
5.
Property
acquired
or
held
pursuant
to
this
section
is
public
property
used
for
essential
public
purposes
and
is
declared
to
be
exempt
from
any
tax
or
special
assessment
of
the
state
or
any
state
public
body
as
defined
in
section
403A.2
.
In
lieu
of
taxes
on
the
property,
the
division
department
may
agree
to
make
payments
to
the
state
or
a
state
public
body,
including
Senate
File
514,
p.
278
but
not
limited
to
the
division
department
,
as
the
division
department
finds
necessary
to
maintain
the
purpose
of
providing
low-cost
housing
in
accordance
with
this
section
.
6.
Any
property
owned
or
held
by
the
division
department
pursuant
to
this
section
is
exempt
from
levy
and
sale
by
execution.
An
execution
or
other
judicial
process
shall
not
be
issued
against
the
property
and
a
judgment
against
the
division
department
shall
not
be
a
lien
or
charge
against
the
property.
However,
the
provisions
of
this
subsection
shall
not
apply
to
or
limit
the
right
of
the
federal
government
to
pursue
any
remedies
available
under
this
section
.
The
provisions
of
this
subsection
shall
also
not
apply
to
or
limit
the
right
of
an
obligee
to
take
either
of
the
following
actions:
a.
Foreclose
or
otherwise
enforce
a
mortgage
or
other
security
executed
or
issued
pursuant
to
this
section
.
b.
Pursue
remedies
for
the
enforcement
of
a
pledge
or
lien
on
rents,
fees,
or
revenues.
7.
In
any
contract
with
the
federal
government
to
provide
annual
payments
to
the
division
department
,
the
division
department
may
obligate
itself
to
convey
to
the
federal
government
possession
of
or
title
to
the
housing
project
in
the
event
of
a
substantial
default
as
defined
in
the
contract
and
with
respect
to
the
covenant
or
conditions
to
which
the
division
department
is
subject.
The
obligation
shall
be
specifically
enforceable
and
shall
not
constitute
a
mortgage.
The
contract
may
also
provide
that
in
the
event
of
a
conveyance,
the
federal
government
may
complete,
operate,
manage,
lease,
convey,
or
otherwise
deal
with
the
housing
project
and
funds
in
accordance
with
the
terms
of
the
contract.
However,
the
contract
shall
require
that,
as
soon
as
is
practicable
after
the
federal
government
is
satisfied
that
all
defaults
with
respect
to
the
housing
project
are
cured
and
the
housing
project
will
be
operated
in
accordance
with
the
terms
of
the
contract,
the
federal
government
shall
reconvey
the
housing
project
to
the
division
department
.
8.
The
division
department
shall
not
undertake
a
housing
project
pursuant
to
this
section
until
a
public
hearing
has
been
held.
At
the
hearing,
the
division
department
shall
notify
the
public
of
the
proposed
project’s
name,
location,
number
of
Senate
File
514,
p.
279
living
units
proposed,
and
approximate
cost.
Notice
of
the
public
hearing
shall
be
published
at
least
once
in
a
newspaper
of
general
circulation
at
least
fifteen
days
prior
to
the
date
set
for
the
hearing.
Sec.
466.
Section
225C.47,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
A
comprehensive
family
support
program
is
created
in
the
department
of
human
services
to
provide
a
statewide
system
of
services
and
support
to
eligible
families.
The
program
shall
be
implemented
in
a
manner
which
enables
a
family
member
of
an
individual
with
a
disability
to
identify
the
services
and
support
needed
to
enable
the
individual
to
reside
with
the
individual’s
family,
to
function
more
independently,
and
to
increase
the
individual’s
integration
into
the
community.
Sec.
467.
Section
225C.49,
Code
2023,
is
amended
to
read
as
follows:
225C.49
Departmental
duties
concerning
services
to
individuals
with
a
disability.
1.
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
on
human
services
,
governor,
and
general
assembly
for
revisions
to
remove
barriers
to
the
programs
for
individuals
with
a
disability
and
the
individuals’
families
including
the
following:
a.
Eligibility
prerequisites
which
require
declaring
the
individual
at
risk
of
abuse,
neglect,
or
out-of-home
placement.
b.
Time
limits
on
services
which
restrict
addressing
ongoing
needs
of
individuals
with
a
disability
and
their
families.
2.
The
department
shall
coordinate
the
department’s
programs
and
funding
utilized
by
individuals
with
a
disability
and
their
families
with
other
state
and
local
programs
and
funding
directed
to
individuals
with
a
disability
and
their
families.
Senate
File
514,
p.
280
3.
In
implementing
the
provisions
of
this
section
,
the
department
shall
do
all
of
the
following:
a.
Compile
information
concerning
services
and
other
support
available
to
individuals
with
a
disability
and
their
families.
Make
the
information
available
to
individuals
with
a
disability
and
their
families
and
department
staff.
b.
Utilize
internal
training
resources
or
contract
for
additional
training
of
staff
concerning
the
information
under
paragraph
“a”
and
training
of
families
and
individuals
as
necessary
to
implement
the
family
support
subsidy
and
comprehensive
family
support
programs
under
this
chapter
.
4.
The
department
shall
designate
one
individual
whose
sole
duties
are
to
provide
central
coordination
of
the
programs
under
sections
225C.36
and
225C.47
and
to
oversee
development
and
implementation
of
the
programs.
Sec.
468.
Section
225C.51,
Code
2023,
is
amended
to
read
as
follows:
225C.51
Children’s
behavioral
health
system
state
board.
1.
A
children’s
behavioral
health
system
state
board
is
created
as
the
state
body
to
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.
State
board
members
shall
be
appointed
on
the
basis
of
interest
and
experience
in
the
fields
of
children’s
behavioral
health
to
ensure
adequate
representation
from
persons
with
life
experiences
and
from
persons
knowledgeable
about
children’s
behavioral
health
services.
The
department
shall
provide
support
to
the
state
board,
and
the
board
may
utilize
staff
support
and
other
assistance
provided
to
the
state
board
by
other
persons.
The
state
board
shall
meet
at
least
four
times
per
year.
The
membership
of
the
state
board
shall
consist
of
the
following
persons:
a.
The
director
of
the
department
of
health
and
human
services
or
the
director’s
designee.
b.
The
director
of
the
department
of
education
or
the
director’s
designee.
c.
The
director
of
the
department
of
public
health
or
the
director’s
designee.
d.
c.
The
director
of
workforce
development
or
the
Senate
File
514,
p.
281
director’s
designee.
e.
d.
A
member
of
the
mental
health
and
disability
services
commission.
f.
e.
Members
appointed
by
the
governor
who
are
active
members
of
each
of
the
indicated
groups:
(1)
One
member
shall
be
selected
from
nominees
submitted
by
the
state
court
administrator.
(2)
One
member
shall
be
selected
from
nominees
submitted
by
the
early
childhood
Iowa
office
program
in
the
department
of
management
.
(3)
One
member
shall
be
a
board
member
or
an
employee
of
a
provider
of
mental
health
services
to
children.
(4)
One
member
shall
be
a
board
member
or
an
employee
of
a
provider
of
child
welfare
services.
(5)
One
member
shall
be
an
administrator
of
an
area
education
agency.
(6)
One
member
shall
be
an
educator,
counselor,
or
administrator
of
a
school
district.
(7)
One
member
shall
be
a
representative
of
an
established
advocacy
organization
whose
mission
or
purpose
it
is,
in
part,
to
further
goals
related
to
children’s
mental
health.
(8)
One
member
shall
be
a
parent
or
guardian
of
a
child
currently
utilizing
or
who
has
utilized
behavioral
health
services.
(9)
One
member
shall
be
a
sheriff.
(10)
One
member
shall
be
a
pediatrician.
(11)
One
member
shall
be
a
representative
from
a
health
care
system.
(12)
One
member
shall
be
a
chief
executive
officer
of
a
mental
health
and
disability
services
region.
g.
f.
In
addition
to
the
voting
members,
the
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
a
nonvoting,
ex
officio
capacity
and
is
not
eligible
for
per
diem
and
expenses
as
provided
in
section
2.10
.
Senate
File
514,
p.
282
2.
Members
appointed
by
the
governor
shall
serve
four-year
staggered
terms
and
are
subject
to
confirmation
by
the
senate.
The
four-year
terms
shall
begin
and
end
as
provided
in
section
69.19
.
Vacancies
on
the
state
board
shall
be
filled
as
provided
in
section
2.32
.
A
member
shall
not
be
appointed
for
more
than
two
consecutive
four-year
terms.
3.
The
director
of
the
department
of
human
services
and
the
director
of
the
department
of
education,
or
their
designees,
shall
serve
as
co-chairpersons
of
the
state
board.
Board
members
shall
not
be
entitled
to
a
per
diem
as
specified
in
section
7E.6
and
shall
not
be
entitled
to
actual
and
necessary
expenses
incurred
while
engaged
in
their
official
duties.
Sec.
469.
Section
225C.52,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Advise
the
administrator
director
on
the
administration
of
the
children’s
behavioral
health
system.
Sec.
470.
Section
225D.1,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
“Department”
means
the
department
of
health
and
human
services.
Sec.
471.
Section
226.1,
Code
2023,
is
amended
to
read
as
follows:
226.1
Official
designation
——
definitions.
1.
The
state
hospitals
for
persons
with
mental
illness
shall
be
designated
as
follows:
a.
Mental
Health
Institute,
Independence,
Iowa.
b.
Mental
Health
Institute,
Cherokee,
Iowa.
2.
a.
The
purpose
of
the
mental
health
institutes
is
to
operate
as
regional
resource
centers
providing
one
or
more
of
the
following:
(1)
Treatment,
training,
care,
habilitation,
and
support
of
persons
with
mental
illness
or
a
substance
abuse
problem
use
disorder
.
(2)
Facilities,
services,
and
other
support
to
the
communities
located
in
the
region
being
served
by
a
mental
health
institute
so
as
to
maximize
the
usefulness
of
the
mental
health
institutes
while
minimizing
overall
costs.
(3)
A
unit
for
the
civil
commitment
of
sexually
violent
predators
committed
to
the
custody
of
the
director
of
human
Senate
File
514,
p.
283
services
pursuant
to
chapter
229A
.
b.
In
addition,
the
mental
health
institutes
are
encouraged
to
act
as
a
training
resource
for
community-based
program
staff,
medical
students,
and
other
participants
in
professional
education
programs.
3.
A
mental
health
institute
may
request
the
approval
of
the
council
on
human
services
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.
“Administrator”
means
the
person
assigned
by
the
director
of
human
services
to
control
the
state
mental
health
institutes.
“Council”
means
the
council
on
health
and
human
services.
b.
“Department”
means
the
department
of
health
and
human
services.
c.
“Director”
means
the
director
of
health
and
human
services.
c.
d.
“Mental
health
and
disability
services
region”
means
a
mental
health
and
disability
services
region
formed
in
accordance
with
section
331.389
.
e.
“Mental
health
institute”
or
“state
mental
health
institute”
means
a
state
hospital
for
persons
with
mental
illness
as
designated
in
this
chapter.
d.
f.
“Regional
administrator”
means
the
regional
administrator
of
a
mental
health
and
disability
services
region,
same
as
defined
in
section
331.388
.
Sec.
472.
Section
226.4,
Code
2023,
is
amended
to
read
as
follows:
226.4
Salary
of
superintendent.
The
salary
of
the
superintendent
of
each
hospital
mental
health
institute
shall
be
determined
by
the
administrator
director
.
Sec.
473.
Section
226.5,
Code
2023,
is
amended
to
read
as
follows:
226.5
Superintendent
as
witness.
The
superintendents
and
assistant
physicians
of
said
hospitals
the
mental
health
institutes
,
when
called
as
witnesses
in
any
court,
shall
be
paid
the
same
mileage
which
Senate
File
514,
p.
284
other
witnesses
are
paid
and
in
addition
thereto
shall
be
paid
a
fee
of
twenty-five
dollars
per
day,
said
the
fee
to
revert
to
the
support
fund
of
the
hospital
mental
health
institute
the
superintendent
or
assistant
physician
serves.
Sec.
474.
Section
226.6,
Code
2023,
is
amended
to
read
as
follows:
226.6
Duties
of
superintendent.
The
superintendent
shall:
1.
Have
the
control
of
the
medical,
mental,
moral,
and
dietetic
treatment
of
the
patients
in
the
superintendent’s
custody
subject
to
the
approval
of
the
administrator
director
.
2.
Require
all
subordinate
officers
and
employees
to
perform
their
respective
duties.
3.
Have
an
official
seal
with
the
name
of
the
hospital
mental
health
institute
and
the
word
“Iowa”
thereon
and
on
the
seal.
The
superintendent
may
affix
the
same
seal
to
all
notices,
orders
of
discharge,
or
other
papers
required
to
be
given
by
the
superintendent.
4.
Keep
proper
books
in
which
shall
be
entered
all
moneys
and
supplies
received
on
account
of
any
patient
and
a
detailed
account
of
the
disposition
of
the
same
all
moneys
and
supplies
.
Sec.
475.
Section
226.7,
subsection
1,
paragraph
a,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Preference
in
the
reception
of
patients
into
said
hospitals
the
mental
health
institutes
shall
be
exercised
in
the
following
order:
Sec.
476.
Section
226.8,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
If
determined
appropriate
for
the
person
at
the
sole
discretion
of
the
director
of
human
services,
the
administrator,
or
the
director’s
or
administrator’s
designee.
Sec.
477.
Section
226.9,
Code
2023,
is
amended
to
read
as
follows:
226.9
Custody
of
patient.
The
superintendent,
upon
the
receipt
of
a
duly
executed
order
of
admission
of
a
patient
into
the
hospital
for
persons
with
mental
illness
a
state
mental
health
institute
,
pursuant
to
section
229.13
,
shall
take
such
the
patient
into
custody
and
Senate
File
514,
p.
285
restrain
the
patient
as
provided
by
law
and
the
rules
of
the
administrator
department
,
without
liability
on
the
part
of
such
superintendent
and
all
other
officers
of
the
hospital
mental
health
institute
to
prosecution
of
any
kind
on
account
thereof
,
but
no
person
shall
be
detained
in
the
hospital
mental
health
institute
who
is
found
by
the
superintendent
to
be
in
good
mental
health.
Sec.
478.
Section
226.10,
Code
2023,
is
amended
to
read
as
follows:
226.10
Equal
treatment.
The
patients
of
the
state
mental
health
institutes,
according
to
their
different
conditions
of
mind
and
body,
and
their
respective
needs,
shall
be
provided
for
and
treated
with
equal
care.
If
in
addition
to
mental
illness
a
patient
has
a
co-occurring
intellectual
disability,
brain
injury,
or
substance
abuse
use
disorder,
the
care
provided
shall
also
address
the
co-occurring
needs.
Sec.
479.
Section
226.11,
Code
2023,
is
amended
to
read
as
follows:
226.11
Special
care
permitted.
Patients
may
have
such
special
care
as
may
be
agreed
upon
with
the
superintendent,
if
the
friends
or
relatives
of
the
patient
will
pay
the
expense
thereof
of
the
special
care
.
Charges
for
such
special
care
and
attendance
shall
be
paid
quarterly
in
advance.
Sec.
480.
Section
226.12,
Code
2023,
is
amended
to
read
as
follows:
226.12
Monthly
reports.
The
administrator
director
shall
assure
that
the
superintendent
of
each
institute
provides
monthly
reports
concerning
the
programmatic,
environmental,
and
fiscal
condition
of
the
mental
health
institute.
The
administrator
director
or
the
administrator’s
director’s
designee
shall
periodically
visit
each
institute
to
validate
the
information.
Sec.
481.
Section
226.13,
Code
2023,
is
amended
to
read
as
follows:
226.13
Patients
allowed
to
write.
The
name
and
address
of
the
administrator
director
shall
be
kept
posted
in
every
ward
in
each
hospital
mental
health
Senate
File
514,
p.
286
institute
.
Every
patient
shall
be
allowed
to
write
once
a
week
what
the
patient
pleases
to
said
administrator
the
director
and
to
any
other
person.
The
superintendent
may
send
letters
addressed
to
other
parties
to
the
administrator
director
for
inspection
before
forwarding
them
to
the
individual
addressed.
Sec.
482.
Section
226.14,
Code
2023,
is
amended
to
read
as
follows:
226.14
Writing
material.
Every
patient
shall
be
furnished
by
the
superintendent
or
party
having
charge
of
such
person
the
patient
,
at
least
once
in
each
week,
with
suitable
materials
for
writing,
enclosing,
sealing,
and
mailing
letters,
if
the
patient
requests
and
uses
the
same
materials
.
Sec.
483.
Section
226.15,
Code
2023,
is
amended
to
read
as
follows:
226.15
Letters
to
administrator
director
.
The
superintendent
or
other
officer
in
charge
of
a
patient
shall,
without
reading
the
same
letters
,
receive
all
letters
addressed
to
the
administrator
director
,
if
so
requested,
and
shall
properly
mail
the
same
letters
,
and
deliver
to
such
patient
all
letters
or
other
writings
addressed
to
the
patient.
Letters
written
to
the
person
so
confined
patient
may
be
examined
by
the
superintendent,
and
if,
in
the
superintendent’s
opinion,
the
delivery
of
such
letters
would
be
injurious
to
the
person
so
confined
patient
,
the
superintendent
shall
return
the
letters
to
the
writer
with
the
superintendent’s
reasons
for
not
delivering
them
the
letters
.
Sec.
484.
Section
226.16,
Code
2023,
is
amended
to
read
as
follows:
226.16
Unauthorized
departure
and
retaking.
It
shall
be
the
duty
of
the
The
superintendent
and
of
all
other
officers
and
employees
of
any
of
said
hospitals
mental
health
institute
,
in
case
of
the
unauthorized
departure
of
any
involuntarily
hospitalized
patient,
to
shall
exercise
all
due
diligence
to
take
into
protective
custody
and
return
said
the
patient
to
the
hospital
mental
health
institute
.
A
notification
by
the
superintendent
of
such
unauthorized
departure
to
any
peace
officer
of
the
state
or
to
any
private
person
shall
be
sufficient
authority
to
such
officer
or
person
to
take
and
Senate
File
514,
p.
287
return
such
the
patient
to
the
hospital
mental
health
institute
.
Sec.
485.
Section
226.17,
Code
2023,
is
amended
to
read
as
follows:
226.17
Expense
attending
retaking.
All
actual
and
necessary
expenses
incurred
in
the
taking
into
protective
custody,
restraint,
and
return
to
the
hospital
mental
health
institute
of
the
patient
shall
be
paid
on
itemized
vouchers,
sworn
to
by
the
claimants
and
approved
by
the
business
manager
and
the
administrator
director
or
the
director’s
designee
,
from
any
moneys
in
the
state
treasury
not
otherwise
appropriated.
Sec.
486.
Section
226.18,
Code
2023,
is
amended
to
read
as
follows:
226.18
Investigation
as
to
mental
health.
The
administrator
director
may
investigate
the
mental
condition
of
any
patient
and
shall
discharge
any
person,
if,
in
the
administrator’s
director’s
opinion,
such
the
person
is
not
mentally
ill,
or
can
be
cared
for
after
such
discharge
without
danger
to
others,
and
with
benefit
to
the
patient
;
but
in
.
In
determining
whether
such
the
patient
shall
be
discharged,
the
recommendation
of
the
superintendent
shall
be
secured.
If
the
administrator
director
orders
the
discharge
of
an
involuntarily
hospitalized
patient,
the
discharge
shall
be
by
the
procedure
prescribed
in
section
229.16
.
The
power
to
investigate
the
mental
condition
of
a
patient
is
merely
permissive,
and
does
not
repeal
or
alter
any
statute
respecting
the
discharge
or
commitment
of
patients
of
the
state
hospitals
mental
health
institutes
.
Sec.
487.
Section
226.22,
Code
2023,
is
amended
to
read
as
follows:
226.22
Clothing
furnished.
Upon
such
discharge
,
the
business
manager
department
shall
furnish
such
the
person
discharged
,
unless
otherwise
supplied,
with
suitable
clothing
and
a
sum
of
money
not
exceeding
twenty
dollars,
which
shall
be
charged
with
the
other
expenses
of
such
the
patient
in
the
hospital
mental
health
institute
.
Sec.
488.
Section
226.23,
Code
2023,
is
amended
to
read
as
follows:
226.23
Convalescent
leave
of
patients.
Senate
File
514,
p.
288
Upon
the
recommendation
of
the
superintendent
and
in
accordance
with
section
229.15,
subsection
5
,
in
the
case
of
an
involuntary
patient,
the
administrator
director
may
place
the
patient
on
convalescent
leave
said
patient
for
a
period
not
to
exceed
one
year,
under
such
conditions
as
are
prescribed
by
said
administrator
the
director
.
Sec.
489.
Section
226.26,
Code
2023,
is
amended
to
read
as
follows:
226.26
Dangerous
patients.
The
administrator
director
,
on
the
recommendation
of
the
superintendent,
and
on
the
application
of
the
relatives
or
friends
of
a
patient
who
is
not
cured
and
who
cannot
be
safely
allowed
to
go
at
liberty,
may
release
the
patient
when
fully
satisfied
that
the
relatives
or
friends
will
provide
and
maintain
all
necessary
supervision,
care,
and
restraint
over
the
patient.
If
the
patient
being
released
was
involuntarily
hospitalized,
the
consent
of
the
district
court
which
ordered
the
patient’s
hospitalization
placement
shall
be
obtained
in
advance
in
substantially
the
manner
prescribed
by
section
229.14
.
Sec.
490.
Section
226.27,
Code
2023,
is
amended
to
read
as
follows:
226.27
Patient
accused
or
acquitted
of
crime
or
awaiting
judgment.
If
a
patient
was
committed
to
a
state
hospital
mental
health
institute
for
evaluation
or
treatment
under
chapter
812
or
the
rules
of
criminal
procedure,
further
proceedings
shall
be
had
under
chapter
812
or
the
applicable
rule
when
the
evaluation
has
been
completed
or
the
patient
has
regained
mental
capacity,
as
the
case
may
be.
Sec.
491.
Section
226.30,
Code
2023,
is
amended
to
read
as
follows:
226.30
Transfer
of
dangerous
patients.
When
a
patient
of
any
hospital
for
persons
with
mental
illness
health
institute
becomes
incorrigible
and
unmanageable
to
such
an
extent
that
the
patient
is
dangerous
to
the
safety
of
others
in
the
hospital
institute
,
the
administrator
director
,
with
the
consent
of
the
director
of
the
Iowa
department
of
corrections,
may
apply
in
writing
to
the
district
court
or
to
Senate
File
514,
p.
289
any
judge
thereof
of
the
district
court
,
of
the
county
in
which
the
hospital
institute
is
situated,
for
an
order
to
transfer
the
patient
to
the
Iowa
medical
and
classification
center
and
if
the
order
is
granted
the
patient
shall
be
so
transferred.
The
county
attorney
of
the
county
shall
appear
in
support
of
the
application
on
behalf
of
the
administrator
director
.
Sec.
492.
Section
226.32,
Code
2023,
is
amended
to
read
as
follows:
226.32
Overcrowded
conditions.
The
administrator
director
shall
order
the
discharge
or
removal
from
the
hospital
mental
health
institute
of
incurable
and
harmless
patients
whenever
it
is
necessary
to
make
room
for
recent
cases.
If
a
patient
who
is
to
be
so
discharged
entered
the
hospital
mental
health
institute
voluntarily,
the
administrator
director
shall
notify
the
regional
administrator
for
the
county
interested
at
least
ten
days
in
advance
of
the
day
of
actual
discharge.
Sec.
493.
Section
226.33,
Code
2023,
is
amended
to
read
as
follows:
226.33
Notice
to
court.
When
a
patient
who
was
hospitalized
involuntarily
and
who
has
not
fully
recovered
is
discharged
from
the
hospital
mental
health
institute
by
the
administrator
director
under
section
226.32
,
notice
of
the
order
shall
at
once
be
sent
to
the
court
which
ordered
the
patient’s
hospitalization,
in
the
manner
prescribed
by
section
229.14
.
Sec.
494.
Section
226.40,
Code
2023,
is
amended
to
read
as
follows:
226.40
Emergency
patients.
In
case
of
emergency
disaster,
with
the
infliction
of
numerous
casualties
among
the
civilian
population,
the
mental
health
institutes
are
authorized
to
may
accept
sick
and
wounded
persons
without
commitment
or
any
other
formalities.
Sec.
495.
Section
226.41,
Code
2023,
is
amended
to
read
as
follows:
226.41
Charge
permitted.
The
hospital
is
authorized
to
make
a
mental
health
institute
may
charge
for
patients
admitted
under
section
226.40
,
in
the
manner
provided
by
law
and
subject
to
the
changes
provided
in
Senate
File
514,
p.
290
section
226.42
.
Sec.
496.
Section
226.42,
Code
2023,
is
amended
to
read
as
follows:
226.42
Emergency
powers
of
superintendents.
In
case
the
mental
health
institutes
lose
contact
with
the
statehouse
seat
of
government
,
due
to
enemy
action
or
otherwise,
the
superintendents
of
the
institutes
are
hereby
delegated
the
following
powers
and
duties
may
do
any
of
the
following
:
1.
May
collect
Collect
moneys
due
the
state
treasury
from
the
counties
and
from
responsible
persons
or
other
relatives,
these
funds
to
be
collected
monthly,
instead
of
quarterly,
and
to
be
deposited
for
use
in
operating
the
institutes.
2.
The
superintendent
shall
have
the
power
to
requisition
Requisition
supplies,
such
as
food,
fuel,
drugs
and
medical
equipment,
from
any
source
available,
in
the
name
of
the
state,
with
the
power
to
and
enter
into
contracts
binding
the
state
for
payment
at
an
indefinite
future
time.
3.
The
superintendent
shall
be
authorized
to
employ
Employ
personnel
in
all
categories
and
for
whatever
remuneration
the
superintendent
deems
necessary,
without
regard
to
existing
laws,
rules
,
or
regulations,
in
order
to
permit
the
institute
to
continue
its
old
existing
functions
,
as
well
as
and
meet
its
additional
responsibilities.
Sec.
497.
Section
226.43,
Code
2023,
is
amended
to
read
as
follows:
226.43
Fund
created.
There
is
hereby
established
at
each
hospital
mental
health
institute
a
fund
known
as
the
“patients’
personal
deposit
fund”.
Sec.
498.
Section
226.44,
Code
2023,
is
amended
to
read
as
follows:
226.44
Deposits.
Any
funds,
including
social
security
benefits,
coming
into
the
possession
of
the
superintendent
or
any
employee
of
the
hospital
mental
health
institute
belonging
to
any
patient
in
that
hospital
mental
health
institute
,
shall
be
deposited
in
the
name
of
that
patient
in
the
patients’
personal
deposit
fund,
except
that
if
a
guardian
of
the
property
of
that
patient
has
been
appointed,
the
guardian
shall
have
the
right
to
demand
and
receive
such
funds.
Funds
belonging
to
a
patient
deposited
in
Senate
File
514,
p.
291
the
patients’
personal
deposit
fund
may
be
used
for
the
purchase
of
personal
incidentals,
desires
and
comforts
for
the
patient.
Sec.
499.
Section
226.45,
Code
2023,
is
amended
to
read
as
follows:
226.45
Reimbursement
to
county
or
state.
If
a
patient
is
not
receiving
medical
assistance
under
chapter
249A
and
the
amount
in
the
account
of
any
patient
in
the
patients’
personal
deposit
fund
exceeds
two
hundred
dollars,
the
business
manager
of
the
hospital
mental
health
institute
may
apply
any
of
the
excess
to
reimburse
the
county
of
residence
or
the
state
when
the
patient
is
a
resident
in
another
state
or
in
a
foreign
country,
or
when
the
patient’s
residence
is
unknown,
for
liability
incurred
by
the
county
or
the
state
for
the
payment
of
care,
support,
and
maintenance
of
the
patient,
when
billed
by
the
county
of
residence
or
by
the
administrator
when
the
patient
is
a
resident
in
another
state
or
in
a
foreign
country,
or
when
the
patient’s
residence
is
unknown
department
.
Sec.
500.
Section
226.46,
Code
2023,
is
amended
to
read
as
follows:
226.46
Deposit
of
fund.
The
business
manager
department
shall
deposit
the
patients’
personal
deposit
fund
in
a
commercial
account
of
a
bank
of
reputable
standing.
When
deposits
in
the
commercial
account
exceed
average
monthly
withdrawals,
the
business
manager
department
may
deposit
the
excess
at
interest.
The
savings
account
shall
be
in
the
name
of
the
patients’
personal
deposit
fund
and
interest
paid
thereon
on
the
account
may
be
used
for
recreational
purposes
at
the
hospital
mental
health
institute
.
Sec.
501.
Section
227.1,
Code
2023,
is
amended
to
read
as
follows:
227.1
Definitions
——
supervision.
1.
For
the
purposes
of
this
chapter
,
unless
the
context
otherwise
requires:
a.
“Administrator”
means
the
person
assigned
by
the
director
of
human
services
in
the
appropriate
division
of
the
department
to
administer
mental
health
and
disability
services.
“County
care
facility”
means
a
county
care
facility
operated
under
chapter
347B.
b.
“Department”
means
the
department
of
health
and
human
Senate
File
514,
p.
292
services.
c.
“Director”
means
the
director
of
health
and
human
services.
d.
“Facility”
includes
a
county
care
facility
and
a
private
or
county
facility,
including
a
hospital,
for
persons
with
mental
illness
or
an
intellectual
disability.
c.
e.
“Mental
health
and
disability
services
region”
means
a
mental
health
and
disability
services
region
formed
in
accordance
with
section
331.389
.
f.
“Patient”
means
a
person
receiving
care
in
a
facility
or
a
state
mental
health
institute.
d.
g.
“Regional
administrator”
means
the
regional
administrator
of
a
mental
health
and
disability
services
region,
same
as
defined
in
section
331.388
.
h.
“Resident”
means
a
person
cared
for
in
a
county
care
facility.
2.
The
regulatory
requirements
for
county
and
private
institutions
facilities
where
persons
with
mental
illness
or
an
intellectual
disability
are
admitted,
committed,
or
placed
shall
be
administered
by
the
administrator
department
.
Sec.
502.
Section
227.2,
Code
2023,
is
amended
to
read
as
follows:
227.2
Inspection.
1.
The
director
of
inspections
,
and
appeals
,
and
licensing
shall
make,
or
cause
to
be
made,
at
least
one
licensure
inspection
each
year
of
every
county
care
facility.
Either
the
administrator
of
the
division
director
or
the
director
of
the
department
of
inspections
,
and
appeals
,
and
licensing
,
in
cooperation
with
each
other,
upon
receipt
of
a
complaint
or
for
good
cause,
may
make,
or
cause
to
be
made,
a
review
of
a
county
care
facility
or
of
any
other
private
or
county
institution
facility
where
persons
with
mental
illness
or
an
intellectual
disability
are
admitted
or
reside.
A
licensure
inspection
or
a
review
shall
be
made
by
a
competent
and
disinterested
person
who
is
acquainted
with
and
interested
in
the
care
of
persons
with
mental
illness
and
persons
with
an
intellectual
disability.
The
objective
of
a
licensure
inspection
or
a
review
shall
be
an
evaluation
of
the
programming
and
treatment
provided
by
the
facility.
After
each
licensure
inspection
of
Senate
File
514,
p.
293
a
county
care
facility,
the
person
who
made
the
inspection
shall
consult
with
the
regional
administrator
for
the
county
in
which
the
facility
is
located
on
plans
and
practices
that
will
improve
the
care
given
patients
residents
.
The
person
shall
also
make
recommendations
to
the
administrator
of
the
division
and
the
director
of
public
health
for
coordinating
and
improving
the
relationships
between
the
administrators
of
county
care
facilities,
the
administrator
of
the
division,
the
director
of
public
health,
the
superintendents
of
state
mental
health
institutes
and
resource
centers,
community
mental
health
centers,
mental
health
and
disability
services
regions,
and
other
cooperating
agencies,
to
cause
improved
and
more
satisfactory
care
of
patients.
A
written
report
of
each
licensure
inspection
of
a
county
care
facility
under
this
section
shall
be
filed
by
the
person
with
the
administrator
of
the
division
and
the
director
of
public
health
department
and
shall
include:
a.
The
capacity
of
the
institution
facility
for
the
care
of
residents.
b.
The
number,
sex,
ages,
and
primary
diagnoses
of
the
residents.
c.
The
care
of
residents,
their
food,
clothing,
treatment
plan,
employment,
and
opportunity
for
recreational
activities
and
for
productive
work
intended
primarily
as
therapeutic
activity.
d.
The
number,
job
classification,
sex,
duties,
and
salaries
of
all
employees.
e.
The
cost
to
the
state
or
county
of
maintaining
residents
in
a
county
care
facility.
f.
The
recommendations
given
to
and
received
from
the
regional
administrator
on
methods
and
practices
that
will
improve
the
conditions
under
which
the
county
care
facility
is
operated.
g.
Any
failure
to
comply
with
standards
adopted
under
section
227.4
for
care
of
persons
with
mental
illness
and
persons
with
an
intellectual
disability
in
county
care
facilities,
which
is
not
covered
in
information
submitted
pursuant
to
paragraphs
“a”
through
“f”
,
and
any
other
matters
which
the
director
of
public
health,
in
consultation
with
the
Senate
File
514,
p.
294
administrator
of
the
division,
may
require.
2.
A
copy
of
the
written
report
prescribed
by
subsection
1
shall
be
furnished
to
the
county
board
of
supervisors,
to
the
regional
administrator
for
the
county,
to
the
administrator
of
the
county
care
facility
inspected
and
to
its
certified
volunteer
long-term
care
ombudsman,
and
to
the
department
on
aging
.
3.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
inform
the
administrator
of
the
division
department
of
an
action
by
the
department
of
inspections,
appeals,
and
licensing
to
suspend,
revoke,
or
deny
renewal
of
a
license
issued
by
the
department
of
inspections
,
and
appeals
,
and
licensing
to
a
county
care
facility,
and
the
reasons
for
the
action.
4.
In
addition
to
the
licensure
inspections
required
or
authorized
by
this
section
,
the
administrator
of
the
division
department
shall
cause
to
be
made
an
evaluation
of
each
person
cared
for
in
a
county
care
facility
at
least
once
each
year
by
one
or
more
qualified
mental
health,
intellectual
disability,
or
medical
professionals,
whichever
is
appropriate.
a.
It
is
the
responsibility
of
the
state
to
secure
the
annual
evaluation
for
each
person
who
is
on
convalescent
leave
or
who
has
not
been
discharged
from
a
state
mental
health
institute.
It
is
the
responsibility
of
the
county
to
secure
the
annual
evaluation
for
all
other
persons
with
mental
illness
in
the
county
care
facility.
b.
It
is
the
responsibility
of
the
state
to
secure
the
annual
evaluation
for
each
person
who
is
on
leave
and
has
not
been
discharged
from
a
state
resource
center.
It
is
the
responsibility
of
the
county
to
secure
the
annual
evaluation
for
all
other
persons
with
an
intellectual
disability
in
the
county
care
facility.
c.
It
is
the
responsibility
of
the
county
to
secure
an
annual
evaluation
of
each
resident
of
a
county
care
facility
to
whom
neither
paragraph
“a”
nor
paragraph
“b”
is
applicable.
5.
The
evaluations
required
by
subsection
4
shall
include
an
examination
of
each
person
which
shall
reveal
the
person’s
condition
of
mental
and
physical
health
and
the
likelihood
of
improvement
or
discharge
and
other
recommendations
concerning
the
care
of
those
persons
as
the
evaluator
deems
pertinent.
One
Senate
File
514,
p.
295
copy
of
the
evaluation
shall
be
filed
with
the
administrator
of
the
division
department
and
one
copy
shall
be
filed
with
the
administrator
of
the
county
care
facility.
Sec.
503.
Section
227.3,
Code
2023,
is
amended
to
read
as
follows:
227.3
Residents
to
have
hearing
Resident
and
patient
input
.
The
inspector
conducting
any
licensure
inspection
or
review
under
section
227.2
shall
give
each
resident
or
patient
an
opportunity
to
converse
with
the
inspector
out
of
the
hearing
of
any
officer
or
employee
of
the
institution
facility
,
and
shall
fully
investigate
all
complaints
and
report
the
result
in
writing
to
the
administrator
of
the
division
department
.
The
administrator
department
before
acting
on
the
report
adversely
to
the
institution
facility
,
shall
give
the
persons
in
charge
a
copy
of
the
report
and
an
opportunity
to
be
heard.
Sec.
504.
Section
227.4,
Code
2023,
is
amended
to
read
as
follows:
227.4
Standards
for
care
of
persons
with
mental
illness
or
an
intellectual
disability
in
county
care
facilities.
The
administrator
department
,
in
cooperation
with
the
department
of
inspections
and
appeals,
shall
recommend
and
the
mental
health
and
disability
services
commission
created
in
section
225C.5
shall
adopt,
or
amend
and
adopt,
standards
for
the
care
of
and
services
to
persons
with
mental
illness
or
an
intellectual
disability
residing
in
county
care
facilities.
The
standards
shall
be
enforced
by
the
department
of
inspections
and
appeals
as
a
part
of
the
licensure
inspection
conducted
pursuant
to
chapter
135C
.
The
objective
of
the
standards
is
to
ensure
that
persons
with
mental
illness
or
an
intellectual
disability
who
are
residents
of
county
care
facilities
are
not
only
adequately
fed,
clothed,
and
housed,
but
are
also
offered
reasonable
opportunities
for
productive
work
and
recreational
activities
suited
to
their
physical
and
mental
abilities
and
offering
both
a
constructive
outlet
for
their
energies
and,
if
possible,
therapeutic
benefit.
When
recommending
standards
under
this
section
,
the
administrator
department
shall
designate
an
advisory
committee
representing
administrators
of
county
care
facilities,
regional
administrators,
mental
health
and
disability
services
region
governing
boards,
and
county
Senate
File
514,
p.
296
care
facility
certified
volunteer
long-term
care
ombudsmen
to
assist
in
the
establishment
of
standards.
Sec.
505.
Section
227.6,
Code
2023,
is
amended
to
read
as
follows:
227.6
Removal
of
residents
or
patients
.
If
a
county
care
facility
fails
to
comply
with
rules
and
standards
adopted
under
this
chapter
,
the
administrator
department
may
remove
all
persons
with
mental
illness
and
all
persons
with
an
intellectual
disability
cared
for
in
the
county
care
facility
at
public
expense,
to
the
proper
state
mental
health
institute
or
resource
center,
or
to
some
private
or
county
institution
or
hospital
facility
for
the
care
of
persons
with
mental
illness
or
an
intellectual
disability
that
has
complied
with
the
rules
prescribed
by
the
administrator
department
.
Residents
being
transferred
to
a
state
mental
health
institute
or
resource
center
shall
be
accompanied
by
an
attendant
or
attendants
sent
from
the
institute
or
resource
center.
If
a
resident
is
transferred
under
this
section
,
at
least
one
attendant
shall
be
of
the
same
sex.
If
the
administrator
department
finds
that
the
needs
of
residents
patients
with
mental
illness
and
residents
patients
with
an
intellectual
disability
of
any
other
county
or
private
institution
facility
are
not
being
adequately
met,
those
residents
patients
may
be
removed
from
that
institution
facility
upon
order
of
the
administrator
department
.
Sec.
506.
Section
227.7,
Code
2023,
is
amended
to
read
as
follows:
227.7
Cost
——
collection
from
county.
The
cost
of
such
removal,
including
all
expenses
of
said
the
attendant,
shall
be
certified
by
the
superintendent
of
the
hospital
facility
receiving
the
patient,
to
the
director
of
the
department
of
administrative
services,
who
shall
draw
a
warrant
upon
the
treasurer
of
state
for
said
sum
the
amount
,
which
shall
be
credited
to
the
support
fund
of
said
hospital
the
facility
and
charged
against
the
general
revenues
of
the
state
and
collected
by
the
director
of
the
department
of
administrative
services
from
the
county
which
sent
said
the
patient
to
said
institution
the
facility
.
Sec.
507.
Section
227.8,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
297
follows:
227.8
Notification
to
guardians.
The
administrator
department
shall
notify
the
guardian,
or
one
or
more
of
the
relatives,
of
patients
kept
at
private
expense,
of
all
violations
of
said
the
rules
by
said
the
private
or
county
institutions
facilities
,
and
of
the
action
of
the
administrator
department
as
to
all
other
patients.
Sec.
508.
Section
227.9,
Code
2023,
is
amended
to
read
as
follows:
227.9
Investigating
mental
health.
Should
When
the
administrator
believe
department
determines
that
any
person
in
any
such
county
or
private
institution
facility
is
in
good
mental
health,
or
illegally
restrained
of
liberty,
the
administrator
department
shall
institute
and
prosecute
proceedings
in
the
name
of
the
state,
before
the
proper
officer,
board,
or
court,
for
the
discharge
of
such
the
person.
Sec.
509.
Section
227.10,
Code
2023,
is
amended
to
read
as
follows:
227.10
Transfers
from
county
or
private
institutions
facilities
.
Patients
who
have
been
admitted
at
public
expense
to
any
institution
facility
to
which
this
chapter
is
applicable
may
be
involuntarily
transferred
to
the
proper
state
hospital
for
persons
with
mental
illness
health
institute
in
the
manner
prescribed
by
sections
229.6
through
229.13
.
The
application
required
by
section
229.6
may
be
filed
by
the
administrator
of
the
division
director
or
the
administrator’s
director’s
designee,
or
by
the
administrator
of
the
institution
facility
where
the
patient
is
then
being
maintained
or
treated.
If
the
patient
was
admitted
to
that
institution
facility
involuntarily,
the
administrator
of
the
division
department
may
arrange
and
complete
the
transfer,
and
shall
report
it
as
required
of
a
chief
medical
officer
under
section
229.15,
subsection
5
.
The
transfer
shall
be
made
at
the
mental
health
and
disability
services
region’s
expense,
and
the
expense
recovered,
as
provided
in
section
227.7
.
However,
transfer
under
this
section
of
a
patient
whose
expenses
are
payable
in
whole
or
in
part
by
the
mental
health
and
disability
Senate
File
514,
p.
298
services
region
is
subject
to
an
authorization
for
the
transfer
through
the
regional
administrator
for
the
patient’s
county
of
residence.
Sec.
510.
Section
227.11,
Code
2023,
is
amended
to
read
as
follows:
227.11
Transfers
from
state
hospitals
mental
health
institutes
.
A
regional
administrator
for
the
county
chargeable
with
the
expense
of
a
patient
in
a
state
hospital
for
persons
with
mental
illness
health
institute
shall
transfer
the
patient
to
a
county
or
private
institution
facility
for
persons
with
mental
illness
that
is
in
compliance
with
the
applicable
rules
when
the
administrator
of
the
division
director
or
the
administrator’s
director’s
designee
orders
the
transfer
on
a
finding
that
the
patient
is
suffering
from
a
serious
mental
illness
and
will
receive
equal
benefit
by
being
so
transferred.
A
mental
health
and
disability
services
region
shall
transfer
to
a
county
care
facility
any
patient
in
a
state
hospital
for
persons
with
mental
illness
health
institute
upon
request
of
the
superintendent
of
the
state
hospital
mental
health
institute
in
which
the
patient
is
confined
pursuant
to
the
superintendent’s
authority
under
section
229.15,
subsection
5
,
and
approval
by
the
regional
administrator
for
the
county
of
the
patient’s
residence.
In
no
case
shall
a
patient
be
thus
transferred
except
upon
compliance
with
section
229.14A
or
without
the
written
consent
of
a
relative,
friend,
or
guardian
if
such
relative,
friend,
or
guardian
pays
the
expense
of
the
care
of
such
patient
in
a
state
hospital
mental
health
institute
.
Patients
transferred
to
a
public
or
private
facility
under
this
section
may
subsequently
be
placed
on
convalescent
or
limited
leave
or
transferred
to
a
different
facility
for
continued
full-time
custody,
care,
and
treatment
when,
in
the
opinion
of
the
attending
physician
or
the
chief
medical
officer
of
the
hospital
facility
from
which
the
patient
was
so
transferred,
the
best
interest
of
the
patient
would
be
served
by
such
the
leave
or
transfer.
For
any
patient
who
is
involuntarily
committed,
any
transfer
made
under
this
section
is
subject
to
the
placement
hearing
requirements
of
section
229.14A
.
Sec.
511.
Section
227.12,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
299
follows:
227.12
Difference
of
opinion.
When
a
difference
of
opinion
exists
between
the
administrator
of
the
division
director
and
the
authorities
in
charge
of
any
private
or
county
hospital
facility
in
regard
to
the
transfer
of
a
patient
as
provided
in
sections
227.10
and
227.11
,
the
matter
shall
be
submitted
to
the
district
court
of
the
county
in
which
such
hospital
the
facility
is
situated
and
shall
be
summarily
tried
as
an
equitable
action,
and
the
judgment
of
the
district
court
shall
be
final.
Sec.
512.
Section
227.13,
Code
2023,
is
amended
to
read
as
follows:
227.13
Discharge
of
transferred
patient.
Patients
transferred
from
a
state
hospital
mental
health
institute
to
such
county
or
private
institutions
facilities
shall
not
be
discharged,
when
not
cured,
without
the
consent
of
the
administrator
of
the
division
director
.
Sec.
513.
Section
227.14,
Code
2023,
is
amended
to
read
as
follows:
227.14
Caring
for
persons
with
mental
illness
from
other
counties.
The
regional
administrator
for
a
county
that
does
not
have
proper
facilities
for
caring
for
persons
with
mental
illness
may,
with
the
consent
of
the
administrator
of
the
division
department
,
provide
for
such
care
at
the
expense
of
the
mental
health
and
disability
services
region
in
any
convenient
and
proper
county
or
private
institution
facility
for
persons
with
mental
illness
which
is
willing
to
receive
the
persons.
Sec.
514.
Section
227.15,
Code
2023,
is
amended
to
read
as
follows:
227.15
Authority
to
involuntarily
confine
in
hospital
.
No
A
person
shall
not
be
involuntarily
confined
and
restrained
in
any
private
institution
or
hospital
or
county
hospital
facility
or
other
general
hospital
with
a
psychiatric
ward
for
the
care
or
treatment
of
persons
with
mental
illness,
except
by
the
procedure
prescribed
in
sections
229.6
through
229.15
.
Sec.
515.
Section
229.1,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
300
229.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
clearly
requires
otherwise:
1.
“Administrator”
means
the
administrator
of
the
department
of
human
services
assigned,
in
accordance
with
section
218.1
,
to
control
the
state
mental
health
institutes,
or
that
administrator’s
designee.
2.
1.
“Advocate”
means
a
mental
health
advocate.
3.
2.
“Auditor”
means
the
county
auditor
or
the
auditor’s
designee.
4.
3.
“Chemotherapy”
means
treatment
of
an
individual
by
use
of
a
drug
or
substance
which
cannot
legally
be
delivered
or
administered
to
the
ultimate
user
without
a
physician’s
prescription
or
medical
order.
5.
4.
“Chief
medical
officer”
means
the
medical
director
in
charge
of
a
public
or
private
hospital,
or
that
individual’s
physician-designee.
This
chapter
does
not
negate
the
authority
otherwise
reposed
by
law
in
the
respective
superintendents
of
each
of
the
state
hospitals
for
persons
with
mental
illness
health
institutes
,
established
by
chapter
226
,
to
make
decisions
regarding
the
appropriateness
of
admissions
or
discharges
of
patients
of
that
hospital,
state
mental
health
institute;
however
,
it
is
the
intent
of
this
chapter
that
if
the
superintendent
is
not
a
licensed
physician
the
decisions
by
the
superintendent
shall
be
corroborated
by
the
chief
medical
officer
of
the
hospital
mental
health
institute
.
6.
5.
“Clerk”
means
the
clerk
of
the
district
court.
6.
“Department”
means
the
department
of
health
and
human
services.
7.
“Director”
means
the
director
of
health
and
human
services.
7.
8.
“Hospital”
means
either
a
public
hospital
or
a
private
hospital.
8.
9.
“Licensed
physician”
means
an
individual
licensed
under
the
provisions
of
chapter
148
to
practice
medicine
and
surgery
or
osteopathic
medicine
and
surgery.
9.
10.
“Magistrate”
means
the
same
as
defined
in
section
801.4
,
subsection
10
.
10.
11.
“Mental
health
and
disability
services
region”
Senate
File
514,
p.
301
means
a
mental
health
and
disability
services
region
formed
in
accordance
with
section
331.389
.
11.
12.
“Mental
health
professional”
means
the
same
as
defined
in
section
228.1
.
12.
13.
“Mental
illness”
means
every
type
of
mental
disease
or
mental
disorder,
except
that
it
does
not
refer
to
an
intellectual
disability
as
defined
in
section
4.1
,
or
to
insanity,
diminished
responsibility,
or
mental
incompetency
as
the
terms
are
defined
and
used
in
the
Iowa
criminal
code
or
in
the
rules
of
criminal
procedure,
Iowa
court
rules.
13.
14.
“Patient”
means
a
person
who
has
been
hospitalized
or
ordered
hospitalized
to
receive
treatment
pursuant
to
section
229.14
.
14.
15.
“Private
hospital”
means
any
hospital
or
institution
facility
not
directly
supported
by
public
funds,
or
a
part
thereof
of
such
hospital
or
facility
,
which
is
equipped
and
staffed
to
provide
inpatient
care
to
persons
with
mental
illness.
15.
16.
“Psychiatric
advanced
registered
nurse
practitioner”
means
an
individual
currently
licensed
as
a
registered
nurse
under
chapter
152
or
152E
who
holds
a
national
certification
in
psychiatric
mental
health
care
and
who
is
licensed
by
the
board
of
nursing
as
an
advanced
registered
nurse
practitioner.
16.
17.
“Public
hospital”
means
any
of
the
following
:
a.
A
state
mental
health
institute
established
by
chapter
226
;
or
.
b.
The
state
psychiatric
hospital
established
by
chapter
225
;
or
.
c.
Any
other
publicly
supported
hospital
or
institution
facility
,
or
part
of
such
hospital
or
institution
facility
,
which
is
equipped
and
staffed
to
provide
inpatient
care
to
persons
with
mental
illness,
except
the
Iowa
medical
and
classification
center
established
by
chapter
904
.
17.
18.
“Region”
means
a
mental
health
and
disability
services
region
formed
in
accordance
with
section
331.389
.
18.
19.
“Regional
administrator”
means
the
regional
administrator
of
a
mental
health
and
disability
services
region,
same
as
defined
in
section
331.388
.
19.
20.
“Respondent”
means
any
person
against
whom
an
Senate
File
514,
p.
302
application
has
been
filed
under
section
229.6
,
but
who
has
not
been
finally
ordered
committed
for
full-time
custody,
care,
and
treatment
in
a
hospital.
20.
21.
“Serious
emotional
injury”
is
an
injury
which
does
not
necessarily
exhibit
any
physical
characteristics,
but
which
can
be
recognized
and
diagnosed
by
a
licensed
physician
or
other
mental
health
professional
and
which
can
be
causally
connected
with
the
act
or
omission
of
a
person
who
is,
or
is
alleged
to
be,
mentally
ill.
21.
22.
“Seriously
mentally
impaired”
or
“serious
mental
impairment”
describes
the
condition
of
a
person
with
mental
illness
and
because
of
that
illness
lacks
sufficient
judgment
to
make
responsible
decisions
with
respect
to
the
person’s
hospitalization
or
treatment,
and
who
because
of
that
illness
meets
any
of
the
following
criteria:
a.
Is
likely
to
physically
injure
the
person’s
self
or
others
if
allowed
to
remain
at
liberty
without
treatment.
b.
Is
likely
to
inflict
serious
emotional
injury
on
members
of
the
person’s
family
or
others
who
lack
reasonable
opportunity
to
avoid
contact
with
the
person
with
mental
illness
if
the
person
with
mental
illness
is
allowed
to
remain
at
liberty
without
treatment.
c.
Is
unable
to
satisfy
the
person’s
needs
for
nourishment,
clothing,
essential
medical
care,
or
shelter
so
that
it
is
likely
that
the
person
will
suffer
physical
injury,
physical
debilitation,
or
death.
d.
Has
a
history
of
lack
of
compliance
with
treatment
and
any
of
the
following
apply
applies
:
(1)
Lack
of
compliance
has
been
a
significant
factor
in
the
need
for
emergency
hospitalization.
(2)
Lack
of
compliance
has
resulted
in
one
or
more
acts
causing
serious
physical
injury
to
the
person’s
self
or
others
or
an
attempt
to
physically
injure
the
person’s
self
or
others.
Sec.
516.
Section
229.2,
subsection
1,
paragraph
b,
subparagraphs
(1)
and
(2),
Code
2023,
are
amended
to
read
as
follows:
(1)
Upon
receipt
of
an
application
for
voluntary
admission
of
a
minor,
the
chief
medical
officer
shall
provide
separate
prescreening
interviews
and
consultations
with
the
parent,
Senate
File
514,
p.
303
guardian
,
or
custodian
and
the
minor
to
assess
the
family
environment
and
the
appropriateness
of
the
application
for
admission.
(2)
During
the
interview
and
consultation
the
chief
medical
officer
shall
inform
the
minor
orally
and
in
writing
that
the
minor
has
a
right
to
object
to
the
admission.
If
the
chief
medical
officer
of
the
hospital
to
which
application
is
made
determines
that
the
admission
is
appropriate
but
the
minor
objects
to
the
admission,
the
parent,
guardian
,
or
custodian
must
petition
the
juvenile
court
for
approval
of
the
admission
before
the
minor
is
actually
admitted.
Sec.
517.
Section
229.4,
Code
2023,
is
amended
to
read
as
follows:
229.4
Right
to
release
on
application.
A
voluntary
patient
who
requests
release
or
whose
release
is
requested,
in
writing,
by
the
patient’s
legal
guardian,
parent,
spouse
,
or
adult
next
of
kin
shall
be
released
from
the
hospital
forthwith,
except
that
in
accordance
with
all
of
the
following,
as
applicable
:
1.
If
the
patient
was
admitted
on
the
patient’s
own
application
and
the
request
for
release
is
made
by
some
other
person,
release
may
be
conditioned
upon
the
agreement
of
the
patient.
2.
If
the
patient
is
a
minor
who
was
admitted
on
the
application
of
the
patient’s
parent,
guardian
,
or
custodian
pursuant
to
section
229.2,
subsection
1
,
the
patient’s
release
prior
to
becoming
eighteen
years
of
age
may
be
conditioned
upon
the
consent
of
the
parent,
guardian
,
or
custodian,
or
upon
the
approval
of
the
juvenile
court
if
the
admission
was
approved
by
the
juvenile
court
;
and
.
3.
If
the
chief
medical
officer
of
the
hospital,
not
later
than
the
end
of
the
next
secular
day
on
which
the
office
of
the
clerk
of
the
district
court
for
the
county
in
which
the
hospital
is
located
is
open
and
which
follows
the
submission
of
the
written
request
for
release
of
the
patient,
files
with
that
clerk
a
certification
that
in
the
chief
medical
officer’s
opinion
the
patient
is
seriously
mentally
impaired,
the
release
may
be
postponed
for
the
period
of
time
the
court
determines
is
necessary
to
permit
commencement
of
judicial
procedure
for
Senate
File
514,
p.
304
involuntary
hospitalization.
That
period
of
time
may
not
exceed
five
days,
exclusive
of
days
on
which
the
clerk’s
office
is
not
open
unless
the
period
of
time
is
extended
by
order
of
a
district
court
judge
for
good
cause
shown.
Until
disposition
of
the
application
for
involuntary
hospitalization
of
the
patient
is
determined
,
if
one
an
application
is
timely
filed,
the
chief
medical
officer
may
detain
the
patient
in
the
hospital
and
may
provide
treatment
which
is
necessary
to
preserve
the
patient’s
life,
or
to
appropriately
control
behavior
by
the
patient
which
is
likely
to
result
in
physical
injury
to
the
patient
or
to
others
if
allowed
to
continue,
but
may
not
otherwise
provide
treatment
to
the
patient
without
the
patient’s
consent.
Sec.
518.
Section
229.6,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Proceedings
for
the
involuntary
hospitalization
of
an
individual
pursuant
to
this
chapter
or
for
the
involuntary
commitment
or
treatment
of
a
person
with
a
substance-related
substance
use
disorder
to
a
facility
pursuant
to
chapter
125
may
be
commenced
by
any
interested
person
by
filing
a
verified
application
with
the
clerk
of
the
district
court
of
the
county
where
the
respondent
is
presently
located,
or
which
is
the
respondent’s
place
of
residence.
The
clerk,
or
the
clerk’s
designee,
shall
assist
the
applicant
in
completing
the
application.
Sec.
519.
Section
229.6,
subsection
2,
paragraph
a,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
A
substance-related
substance
use
disorder
as
defined
in
section
125.2
.
Sec.
520.
Section
229.8,
Code
2023,
is
amended
to
read
as
follows:
229.8
Procedure
after
application
is
filed.
As
soon
as
practicable
after
the
filing
of
an
application
pursuant
to
section
229.6
,
the
court
shall
do
all
of
the
following
:
1.
Determine
whether
the
respondent
has
an
attorney
who
is
able
and
willing
to
represent
the
respondent
in
the
hospitalization
proceeding,
and
if
not,
whether
the
respondent
is
financially
able
to
employ
an
attorney
and
capable
of
meaningfully
assisting
in
selecting
one.
In
accordance
with
Senate
File
514,
p.
305
those
determinations,
the
court
shall
if
necessary
allow
the
respondent
to
select,
or
shall
assign
to
the
respondent,
an
attorney.
If
the
respondent
is
financially
unable
to
pay
an
attorney,
the
attorney
shall
be
compensated
by
the
mental
health
and
disability
services
region
at
an
hourly
rate
to
be
established
by
the
regional
administrator
for
the
county
in
which
the
proceeding
is
held
in
substantially
the
same
manner
as
provided
in
section
815.7
.
2.
Cause
copies
of
the
application
and
supporting
documentation
to
be
sent
to
the
county
attorney
or
the
county
attorney’s
attorney-designate
for
review.
3.
Issue
a
written
order
which
shall
provide
for
all
of
the
following
:
a.
If
not
previously
done,
set
a
time
and
place
for
a
hospitalization
hearing,
which
shall
be
at
the
earliest
practicable
time
not
less
than
forty-eight
hours
after
notice
to
the
respondent,
unless
the
respondent
waives
such
minimum
prior
notice
requirement
;
and
.
b.
Order
an
examination
of
the
respondent,
prior
to
the
hearing,
by
one
or
more
licensed
physicians
or
mental
health
professionals
who
shall
submit
a
written
report
on
the
examination
to
the
court
as
required
by
section
229.10
.
Sec.
521.
Section
229.11,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
If
the
applicant
requests
that
the
respondent
be
taken
into
immediate
custody
and
the
judge,
upon
reviewing
the
application
and
accompanying
documentation,
finds
probable
cause
to
believe
that
the
respondent
has
a
serious
mental
impairment
and
is
likely
to
injure
the
respondent
or
other
persons
if
allowed
to
remain
at
liberty,
the
judge
may
enter
a
written
order
directing
that
the
respondent
be
taken
into
immediate
custody
by
the
sheriff
or
the
sheriff’s
deputy
and
be
detained
until
the
hospitalization
hearing.
The
hospitalization
hearing
shall
be
held
no
more
than
five
days
after
the
date
of
the
order,
except
that
if
the
fifth
day
after
the
date
of
the
order
is
a
Saturday,
Sunday,
or
a
holiday,
the
hearing
may
be
held
on
the
next
succeeding
business
day.
If
the
expenses
of
a
respondent
are
payable
in
whole
or
in
part
by
a
mental
health
and
disability
services
region,
for
a
placement
in
Senate
File
514,
p.
306
accordance
with
paragraph
“a”
,
the
judge
shall
give
notice
of
the
placement
to
the
regional
administrator
for
the
county
in
which
the
court
is
located,
and
for
a
placement
in
accordance
with
paragraph
“b”
or
“c”
,
the
judge
shall
order
the
placement
in
a
hospital
or
facility
designated
through
the
regional
administrator.
The
judge
may
order
the
respondent
detained
for
the
period
of
time
until
the
hearing
is
held,
and
no
longer,
in
accordance
with
paragraph
“a”
,
if
possible,
and
if
not
then
in
accordance
with
paragraph
“b”
,
or,
only
if
neither
of
these
alternatives
is
available,
in
accordance
with
paragraph
“c”
.
Detention
may
be
in
any
of
the
following
:
a.
In
the
custody
of
a
relative,
friend
,
or
other
suitable
person
who
is
willing
to
accept
responsibility
for
supervision
of
the
respondent,
and
the
respondent
may
be
placed
under
such
reasonable
restrictions
as
the
judge
may
order
including
but
not
limited
to
restrictions
on
or
a
prohibition
of
any
expenditure,
encumbrance
,
or
disposition
of
the
respondent’s
funds
or
property
;
or
.
b.
In
a
suitable
hospital
the
chief
medical
officer
of
which
shall
be
informed
of
the
reasons
why
immediate
custody
has
been
ordered
and
may
provide
treatment
which
is
necessary
to
preserve
the
respondent’s
life,
or
to
appropriately
control
behavior
by
the
respondent
which
is
likely
to
result
in
physical
injury
to
the
respondent
or
to
others
if
allowed
to
continue,
but
may
not
otherwise
provide
treatment
to
the
respondent
without
the
respondent’s
consent
;
or
.
c.
In
the
nearest
facility
in
the
community
which
is
licensed
to
care
for
persons
with
mental
illness
or
substance
abuse
use
disorder
,
provided
that
detention
in
a
jail
or
other
facility
intended
for
confinement
of
those
accused
or
convicted
of
crime
shall
not
be
ordered.
Sec.
522.
Section
229.13,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
court
shall
order
any
other
respondent
placed
under
the
care
of
an
appropriate
hospital
or
facility
licensed
to
care
for
persons
with
mental
illness
or
substance
abuse
use
disorder
on
an
inpatient
or
outpatient
basis.
Sec.
523.
Section
229.15,
subsections
4
and
5,
Code
2023,
are
amended
to
read
as
follows:
Senate
File
514,
p.
307
4.
When
a
patient
has
been
placed
in
an
alternative
facility
other
than
a
hospital
pursuant
to
a
report
issued
under
section
229.14,
subsection
1
,
paragraph
“d”
,
a
report
on
the
patient’s
condition
and
prognosis
shall
be
made
to
the
court
which
placed
the
patient,
at
least
once
every
six
months,
unless
the
court
authorizes
annual
reports.
If
an
evaluation
of
the
patient
is
performed
pursuant
to
section
227.2,
subsection
4
,
a
copy
of
the
evaluation
report
shall
be
submitted
to
the
court
within
fifteen
days
of
the
evaluation’s
completion.
The
court
may
in
its
discretion
waive
the
requirement
of
an
additional
report
between
the
annual
evaluations.
If
the
administrator
department
exercises
the
authority
to
remove
residents
or
patients
from
a
county
care
facility
or
other
county
or
private
institution
facility
under
section
227.6
,
the
administrator
department
shall
promptly
notify
each
court
which
placed
in
that
facility
any
resident
so
or
patient
removed.
5.
a.
When
in
the
opinion
of
the
chief
medical
officer
the
best
interest
of
a
patient
would
be
served
by
a
convalescent
or
limited
leave,
the
chief
medical
officer
may
authorize
the
leave
and,
if
authorized,
shall
promptly
report
the
leave
to
the
court.
When
in
the
opinion
of
the
chief
medical
officer
the
best
interest
of
a
patient
would
be
served
by
a
transfer
to
a
different
hospital
for
continued
full-time
custody,
care,
and
treatment,
the
chief
medical
officer
shall
promptly
send
a
report
to
the
court.
The
court
shall
act
upon
the
report
in
accordance
with
section
229.14A
.
b.
This
subsection
shall
not
be
construed
to
add
to
or
restrict
the
authority
otherwise
provided
by
law
for
transfer
of
patients
or
residents
among
various
state
institutions
administered
by
the
department
of
human
services
.
If
a
patient
is
transferred
under
this
subsection
,
the
treatment
provider
to
whom
the
patient
is
transferred
shall
be
provided
with
copies
of
relevant
court
orders
by
the
former
treatment
provider.
Sec.
524.
Section
229.19,
subsection
1,
paragraphs
a
and
e,
Code
2023,
are
amended
to
read
as
follows:
a.
In
each
county
the
board
of
supervisors
shall
appoint
an
individual
who
has
demonstrated
by
prior
activities
an
informed
concern
for
the
welfare
and
rehabilitation
of
persons
with
mental
illness,
and
who
is
not
an
officer
or
employee
of
Senate
File
514,
p.
308
the
department
of
human
services
,
an
officer
or
employee
of
a
region,
an
officer
or
employee
of
a
county
performing
duties
for
a
region,
or
an
officer
or
employee
of
any
agency
or
facility
providing
care
or
treatment
to
persons
with
mental
illness,
to
act
as
an
advocate
representing
the
interests
of
patients
involuntarily
hospitalized
by
the
court,
in
any
matter
relating
to
the
patients’
hospitalization
or
treatment
under
section
229.14
or
229.15
.
e.
An
advocate
may
also
be
assigned
pursuant
to
this
section
for
an
individual
who
has
been
diagnosed
with
a
co-occurring
mental
illness
and
substance-related
substance
use
disorder.
Sec.
525.
Section
229.21,
Code
2023,
is
amended
to
read
as
follows:
229.21
Judicial
hospitalization
referee
——
appeals
to
district
court.
1.
The
chief
judge
of
each
judicial
district
may
appoint
at
least
one
judicial
hospitalization
referee
for
each
county
within
the
district.
The
judicial
hospitalization
referee
shall
be
an
attorney,
licensed
to
practice
law
in
this
state,
who
shall
be
chosen
with
consideration
to
any
training,
experience,
interest,
or
combination
of
those
factors,
which
are
pertinent
to
the
duties
of
the
office.
The
referee
shall
hold
office
at
the
pleasure
of
the
chief
judge
of
the
judicial
district
and
receive
compensation
at
a
rate
fixed
by
the
supreme
court.
If
the
referee
expects
to
be
absent
for
any
significant
length
of
time,
the
referee
shall
inform
the
chief
judge
who
may
appoint
a
temporary
substitute
judicial
hospitalization
referee
having
the
qualifications
set
forth
in
this
subsection
.
2.
When
an
application
for
involuntary
hospitalization
under
section
229.6
or
for
involuntary
commitment
or
treatment
of
persons
with
substance-related
disorders
a
substance
use
disorder
under
section
125.75
is
filed
with
the
clerk
of
the
district
court
in
any
county
for
which
a
judicial
hospitalization
referee
has
been
appointed,
and
no
district
judge,
district
associate
judge,
or
magistrate
who
is
admitted
to
the
practice
of
law
in
this
state
is
accessible,
the
clerk
shall
immediately
notify
the
referee
in
the
manner
required
by
section
229.7
or
section
125.77
.
The
referee
shall
discharge
all
of
the
duties
imposed
upon
the
court
by
sections
229.7
Senate
File
514,
p.
309
through
229.19
,
this
section
,
and
section
229.22
or
sections
125.75
through
125.94
in
the
proceeding
so
initiated.
Subject
to
the
provisions
of
subsection
4
,
orders
issued
by
a
referee,
in
discharge
of
duties
imposed
under
this
section
,
shall
have
the
same
force
and
effect
as
if
ordered
by
a
district
judge.
However,
any
commitment
to
a
facility
regulated
and
operated
under
chapter
135C
shall
be
in
accordance
with
section
135C.23
.
3.
a.
Any
respondent
with
respect
to
whom
the
magistrate
or
judicial
hospitalization
referee
has
found
the
contention
that
the
respondent
is
seriously
mentally
impaired
or
a
person
with
a
substance-related
substance
use
disorder
sustained
by
clear
and
convincing
evidence
presented
at
a
hearing
held
under
section
229.12
or
section
125.82
,
may
appeal
from
the
magistrate’s
or
referee’s
finding
to
a
judge
of
the
district
court
by
giving
the
clerk
notice
in
writing,
within
ten
days
after
the
magistrate’s
or
referee’s
finding
is
made,
that
an
appeal
is
taken.
The
appeal
may
be
signed
by
the
respondent
or
by
the
respondent’s
next
friend,
guardian,
or
attorney.
b.
An
order
of
a
magistrate
or
judicial
hospitalization
referee
with
a
finding
that
the
respondent
is
seriously
mentally
impaired
or
a
person
with
a
substance-related
substance
use
disorder
shall
include
the
following
notice,
located
conspicuously
on
the
face
of
the
order:
NOTE:
The
respondent
may
appeal
from
this
order
to
a
judge
of
the
district
court
by
giving
written
notice
of
the
appeal
to
the
clerk
of
the
district
court
within
ten
days
after
the
date
of
this
order.
The
appeal
may
be
signed
by
the
respondent
or
by
the
respondent’s
next
friend,
guardian,
or
attorney.
For
a
more
complete
description
of
the
respondent’s
appeal
rights,
consult
section
229.21
of
the
Code
of
Iowa
or
an
attorney.
c.
When
appealed,
the
matter
shall
stand
for
trial
de
novo.
Upon
appeal,
the
court
shall
schedule
a
hospitalization
or
commitment
hearing
before
a
district
judge
at
the
earliest
practicable
time.
d.
Any
respondent
with
respect
to
whom
the
magistrate
or
judicial
hospitalization
referee
has
held
a
placement
hearing
and
has
entered
a
placement
order
may
appeal
the
order
to
a
judge
of
the
district
court.
The
request
for
appeal
must
be
given
to
the
clerk
in
writing
within
ten
days
of
the
entry
of
Senate
File
514,
p.
310
the
magistrate’s
or
referee’s
order.
The
request
for
appeal
shall
be
signed
by
the
respondent,
or
the
respondent’s
next
friend,
guardian,
or
attorney.
4.
If
the
appellant
is
in
custody
under
the
jurisdiction
of
the
district
court
at
the
time
of
service
of
the
notice
of
appeal,
the
appellant
shall
be
discharged
from
custody
unless
an
order
that
the
appellant
be
taken
into
immediate
custody
has
previously
been
issued
under
section
229.11
or
section
125.81
,
in
which
case
the
appellant
shall
be
detained
as
provided
in
that
section
until
the
hospitalization
or
commitment
hearing
before
the
district
judge.
If
the
appellant
is
in
the
custody
of
a
hospital
or
facility
at
the
time
of
service
of
the
notice
of
appeal,
the
appellant
shall
be
discharged
from
custody
pending
disposition
of
the
appeal
unless
the
chief
medical
officer,
not
later
than
the
end
of
the
next
secular
day
on
which
the
office
of
the
clerk
is
open
and
which
follows
service
of
the
notice
of
appeal,
files
with
the
clerk
a
certification
that
in
the
chief
medical
officer’s
opinion
the
appellant
is
seriously
mentally
ill
or
a
person
with
a
substance-related
substance
use
disorder.
In
that
case,
the
appellant
shall
remain
in
custody
of
the
hospital
or
facility
until
the
hospitalization
or
commitment
hearing
before
the
district
court.
5.
The
hospitalization
or
commitment
hearing
before
the
district
judge
shall
be
held,
and
the
judge’s
finding
shall
be
made
and
an
appropriate
order
entered,
as
prescribed
by
sections
229.12
and
229.13
or
sections
125.82
and
125.83
.
If
the
judge
orders
the
appellant
hospitalized
or
committed
for
a
complete
psychiatric
or
substance
abuse
use
disorder
evaluation,
jurisdiction
of
the
matter
shall
revert
to
the
judicial
hospitalization
referee.
Sec.
526.
Section
229.23,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
In
addition
to
protection
of
the
person’s
constitutional
rights,
enjoyment
of
other
legal,
medical,
religious,
social,
political,
personal
and
working
rights
and
privileges
which
the
person
would
enjoy
if
the
person
were
not
so
hospitalized
or
detained,
so
far
as
is
possible
consistent
with
effective
treatment
of
that
person
and
of
the
other
patients
of
the
hospital.
If
the
patient’s
rights
are
restricted,
the
Senate
File
514,
p.
311
physician’s
or
mental
health
professional’s
direction
to
that
effect
shall
be
noted
on
the
patient’s
record.
The
department
of
human
services
shall,
in
accordance
with
chapter
17A
establish
rules
setting
forth
the
specific
rights
and
privileges
to
which
persons
so
hospitalized
or
detained
are
entitled
under
this
section
,
and
the
exceptions
provided
by
section
17A.2,
subsection
11
,
paragraphs
“a”
and
“k”,
shall
not
be
applicable
to
the
rules
so
established.
The
patient
or
the
patient’s
next
of
kin
or
friend
shall
be
advised
of
these
rules
and
be
provided
a
written
copy
upon
the
patient’s
admission
to
or
arrival
at
the
hospital.
Sec.
527.
Section
229.24,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
All
papers
and
records
pertaining
to
any
involuntary
hospitalization
or
application
pursuant
to
section
229.6
of
any
person
under
this
chapter
,
whether
part
of
the
permanent
record
of
the
court
or
of
a
file
in
the
department
of
human
services
,
are
subject
to
inspection
only
upon
an
order
of
the
court
for
good
cause
shown.
Sec.
528.
Section
229.26,
Code
2023,
is
amended
to
read
as
follows:
229.26
Exclusive
procedure
for
involuntary
hospitalization.
Sections
229.6
through
229.19
constitute
the
exclusive
procedure
for
involuntary
hospitalization
of
persons
by
reason
of
serious
mental
impairment
in
this
state,
except
that
this
chapter
does
not
negate
the
provisions
of
section
904.503
relating
to
transfer
of
prisoners
with
mental
illness
to
state
hospitals
for
persons
with
mental
illness
health
institutes
and
does
not
apply
to
commitments
of
persons
under
chapter
812
or
the
rules
of
criminal
procedure,
Iowa
court
rules,
or
negate
the
provisions
of
section
232.51
relating
to
disposition
of
children
with
mental
illness.
Sec.
529.
Section
229.27,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
A
hearing
limited
to
the
question
of
the
person’s
competence
and
conducted
in
substantially
the
manner
prescribed
in
sections
633.552
,
633.556
,
633.558
,
and
633.560
shall
be
held
when
any
of
the
following
circumstances
applies
:
a.
The
court
is
petitioned
or
proposes
upon
its
own
motion
Senate
File
514,
p.
312
to
find
incompetent
by
reason
of
mental
illness
a
person
whose
involuntary
hospitalization
has
been
ordered
under
section
229.13
or
229.14
,
and
who
contends
that
the
person
is
not
incompetent
;
or
.
b.
A
person
previously
found
incompetent
by
reason
of
mental
illness
under
subsection
2
petitions
the
court
for
a
finding
that
the
person
is
no
longer
incompetent
and,
after
notice
to
the
applicant
who
initiated
the
petition
for
hospitalization
of
the
person
and
to
any
other
party
as
directed
by
the
court,
an
objection
is
filed
with
the
court.
The
court
may
order
a
hearing
on
its
own
motion
before
acting
on
a
petition
filed
under
this
paragraph.
A
petition
by
a
person
for
a
finding
that
the
person
is
no
longer
incompetent
may
be
filed
at
any
time
without
regard
to
whether
the
person
is
at
that
time
hospitalized
for
treatment
of
mental
illness.
Sec.
530.
Section
229.41,
Code
2023,
is
amended
to
read
as
follows:
229.41
Voluntary
admission
——
state
mental
health
institute
.
Persons
making
application
pursuant
to
section
229.2
on
their
own
behalf
or
on
behalf
of
another
person
who
is
under
eighteen
years
of
age,
if
the
person
whose
admission
is
sought
is
received
for
observation
and
treatment
on
the
application,
shall
be
required
to
pay
the
costs
of
hospitalization
at
rates
established
by
the
administrator
department
.
The
costs
may
be
collected
weekly
in
advance
and
shall
be
payable
at
to
the
business
office
of
the
hospital
state
mental
health
institute
.
The
collections
shall
be
remitted
to
the
department
of
human
services
monthly
to
be
credited
to
the
general
fund
of
the
state.
Sec.
531.
Section
229.42,
Code
2023,
is
amended
to
read
as
follows:
229.42
Costs
paid
by
county
——
state
mental
health
institute
.
1.
If
a
person
wishing
to
make
application
for
voluntary
admission
to
a
state
mental
hospital
established
by
chapter
226
health
institute
is
unable
to
pay
the
costs
of
hospitalization
or
those
responsible
for
the
person
are
unable
to
pay
the
costs,
application
for
authorization
of
voluntary
admission
must
be
made
through
a
regional
administrator
before
application
for
admission
is
made
to
the
hospital
state
mental
health
institute
.
Senate
File
514,
p.
313
The
person’s
county
of
residence
shall
be
determined
through
the
regional
administrator
and
if
the
admission
is
approved
through
the
regional
administrator,
the
person’s
admission
to
a
state
mental
health
hospital
institute
shall
be
authorized
as
a
voluntary
case.
The
authorization
shall
be
issued
on
forms
provided
by
the
department
of
human
services’
administrator
.
The
costs
of
the
hospitalization
shall
be
paid
by
the
county
of
residence
through
the
regional
administrator
to
the
department
of
human
services
and
credited
to
the
general
fund
of
the
state,
provided
that
the
state
mental
health
hospital
institute
rendering
the
services
has
certified
to
the
county
auditor
of
the
county
of
residence
and
the
regional
administrator
the
amount
chargeable
to
the
mental
health
and
disability
services
region
and
has
sent
a
duplicate
statement
of
the
charges
to
the
department
of
human
services
.
A
mental
health
and
disability
services
region
shall
not
be
billed
for
the
cost
of
a
patient
unless
the
patient’s
admission
is
authorized
through
the
regional
administrator.
The
state
mental
health
institute
and
the
regional
administrator
shall
work
together
to
locate
appropriate
alternative
placements
and
services,
and
to
educate
patients
and
family
members
of
patients
regarding
such
alternatives.
2.
All
the
provisions
of
chapter
230
shall
apply
to
such
the
voluntary
patients
so
far
as
is
to
the
extent
applicable.
3.
The
provisions
of
this
section
and
of
section
229.41
shall
apply
to
all
voluntary
inpatients
or
outpatients
receiving
mental
health
services
either
away
from
or
at
the
institution
state
mental
health
institute
.
4.
If
a
county
fails
to
pay
the
billed
charges
within
forty-five
days
from
the
date
the
county
auditor
received
the
certification
statement
from
the
superintendent,
the
department
of
human
services
shall
charge
the
delinquent
county
the
penalty
of
one
percent
per
month
on
and
after
forty-five
days
from
the
date
the
county
received
the
certification
statement
until
paid.
The
penalties
received
shall
be
credited
to
the
general
fund
of
the
state.
Sec.
532.
Section
229.43,
Code
2023,
is
amended
to
read
as
follows:
229.43
Nonresident
patients
——
state
mental
health
Senate
File
514,
p.
314
institutes
.
The
administrator
department
may
place
patients
of
state
mental
health
institutes
who
are
nonresidents
on
convalescent
leave
to
a
private
sponsor
or
in
a
health
care
facility
licensed
under
chapter
135C
,
when
in
the
opinion
of
the
administrator
director
the
placement
is
in
the
best
interests
of
the
patient
and
the
state
of
Iowa.
If
the
patient
was
involuntarily
hospitalized,
the
district
court
which
ordered
hospitalization
of
the
patient
must
shall
be
informed
when
the
patient
is
placed
on
convalescent
leave,
as
required
by
section
229.15,
subsection
5
.
Sec.
533.
Section
229.45,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
of
human
services
,
in
consultation
with
the
office
of
attorney
general,
shall
develop
a
summary
of
the
procedures
involved
in
an
involuntary
commitment
and
information
concerning
the
participation
of
an
applicant
in
the
proceedings.
The
summary
shall
be
provided
by
the
department,
at
the
department’s
expense,
to
the
clerks
of
the
district
court
who
shall
make
the
summary
available
to
all
applicants
prior
to
the
filing
of
a
verified
application,
or
to
any
other
person
upon
request,
and
who
shall
attach
a
copy
of
the
summary
to
the
notice
of
hearing
which
is
served
upon
the
respondent
under
section
125.77
or
229.7
.
The
summary
may
include,
but
is
not
limited
to,
the
following:
Sec.
534.
Section
229A.2,
Code
2023,
is
amended
to
read
as
follows:
229A.2
Definitions.
As
used
in
this
chapter
:
1.
“Agency
with
jurisdiction”
means
an
agency
which
has
custody
of
or
releases
a
person
serving
a
sentence
or
term
of
confinement
or
is
otherwise
in
confinement
based
upon
a
lawful
order
or
authority,
and
includes
but
is
not
limited
to
the
department
of
corrections,
the
department
of
health
and
human
services,
a
judicial
district
department
of
correctional
services,
and
the
Iowa
board
of
parole.
2.
“Appropriate
secure
facility”
means
a
state
facility
that
is
designed
to
confine
but
not
necessarily
to
treat
a
sexually
violent
predator.
Senate
File
514,
p.
315
3.
“Convicted”
means
found
guilty
of,
pleads
guilty
to,
or
is
sentenced
or
adjudicated
delinquent
for
an
act
which
is
an
indictable
offense
in
this
state
or
in
another
jurisdiction
including
in
a
federal,
military,
tribal,
or
foreign
court,
including
but
not
limited
to
a
juvenile
who
has
been
adjudicated
delinquent,
whether
or
not
the
juvenile
court
records
have
been
sealed
under
section
232.150
,
and
a
person
who
has
received
a
deferred
sentence
or
a
deferred
judgment
or
has
been
acquitted
by
reason
of
insanity.
“Convicted”
includes
the
conviction
of
a
juvenile
prosecuted
as
an
adult.
“Convicted”
also
includes
a
conviction
for
an
attempt
or
conspiracy
to
commit
an
offense.
“Convicted”
does
not
mean
a
plea,
sentence,
adjudication,
deferred
sentence,
or
deferred
judgment
which
has
been
reversed
or
otherwise
set
aside.
4.
“Department”
means
the
department
of
health
and
human
services.
5.
“Director”
means
the
director
of
health
and
human
services.
4.
6.
“Discharge”
means
an
unconditional
discharge
from
the
sexually
violent
predator
program.
A
person
released
from
a
secure
facility
into
a
transitional
release
program
or
released
with
supervision
is
not
considered
to
be
discharged.
5.
7.
“Likely
to
engage
in
predatory
acts
of
sexual
violence”
means
that
the
person
more
likely
than
not
will
engage
in
acts
of
a
sexually
violent
nature.
If
a
person
is
not
confined
at
the
time
that
a
petition
is
filed,
a
person
is
“likely
to
engage
in
predatory
acts
of
sexual
violence”
only
if
the
person
commits
a
recent
overt
act.
6.
8.
“Mental
abnormality”
means
a
congenital
or
acquired
condition
affecting
the
emotional
or
volitional
capacity
of
a
person
and
predisposing
that
person
to
commit
sexually
violent
offenses
to
a
degree
which
would
constitute
a
menace
to
the
health
and
safety
of
others.
7.
9.
“Predatory”
means
acts
directed
toward
a
person
with
whom
a
relationship
has
been
established
or
promoted
for
the
primary
purpose
of
victimization.
8.
10.
“Presently
confined”
means
incarceration
or
detention
in
a
correctional
facility,
a
rehabilitation
camp,
a
residential
facility,
a
county
jail,
a
halfway
house,
or
Senate
File
514,
p.
316
any
other
comparable
facility,
including
but
not
limited
to
placement
at
such
a
facility
as
a
condition
of
probation,
parole,
or
special
sentence
following
conviction
for
a
sexually
violent
offense.
9.
11.
“Recent
overt
act”
means
any
act
that
has
either
caused
harm
of
a
sexually
violent
nature
or
creates
a
reasonable
apprehension
of
such
harm.
10.
12.
“Safekeeper”
means
a
person
who
is
confined
in
an
appropriate
secure
facility
pursuant
to
this
chapter
but
who
is
not
subject
to
an
order
of
commitment
pursuant
to
this
chapter
.
11.
13.
“Sexually
motivated”
means
that
one
of
the
purposes
for
commission
of
a
crime
is
the
purpose
of
sexual
gratification
of
the
perpetrator
of
the
crime.
12.
14.
“Sexually
violent
offense”
means:
a.
A
violation
of
any
provision
of
chapter
709
.
b.
A
violation
of
any
of
the
following
if
the
offense
involves
sexual
abuse,
attempted
sexual
abuse,
or
intent
to
commit
sexual
abuse:
(1)
Murder
as
defined
in
section
707.1
.
(2)
Kidnapping
as
defined
in
section
710.1
.
(3)
Burglary
as
defined
in
section
713.1
.
(4)
Child
endangerment
under
section
726.6,
subsection
1
,
paragraph
“e”
.
c.
Sexual
exploitation
of
a
minor
in
violation
of
section
728.12
.
d.
Pandering
involving
a
minor
in
violation
of
section
725.3,
subsection
2
.
e.
An
offense
involving
an
attempt
or
conspiracy
to
commit
any
offense
referred
to
in
this
subsection
.
f.
An
offense
under
prior
law
of
this
state
or
an
offense
committed
in
another
jurisdiction
which
would
constitute
an
equivalent
offense
under
paragraphs
“a”
through
“e”
.
g.
Any
act
which,
either
at
the
time
of
sentencing
for
the
offense
or
subsequently
during
civil
commitment
proceedings
pursuant
to
this
chapter
,
has
been
determined
beyond
a
reasonable
doubt
to
have
been
sexually
motivated.
13.
15.
“Sexually
violent
predator”
means
a
person
who
has
been
convicted
of
or
charged
with
a
sexually
violent
offense
and
who
suffers
from
a
mental
abnormality
which
makes
the
Senate
File
514,
p.
317
person
likely
to
engage
in
predatory
acts
constituting
sexually
violent
offenses,
if
not
confined
in
a
secure
facility.
14.
16.
“Transitional
release”
means
a
conditional
release
from
a
secure
facility
operated
by
the
department
of
human
services
with
the
conditions
of
such
release
set
by
the
court
or
the
department
of
human
services
.
Sec.
535.
Section
229A.5C,
subsections
3
and
4,
Code
2023,
are
amended
to
read
as
follows:
3.
A
person
who
is
subject
to
an
order
of
civil
commitment
under
this
chapter
shall
not
be
released
from
jail
or
paroled
or
released
to
a
facility
or
program
located
outside
the
county
jail
or
correctional
institution
other
than
to
a
secure
facility
operated
by
the
department
of
human
services
.
4.
A
person
who
committed
a
public
offense
while
in
a
transitional
release
program
or
on
release
with
supervision
may
be
returned
to
a
secure
facility
operated
by
the
department
of
human
services
upon
completion
of
any
term
of
confinement
that
resulted
from
the
commission
of
the
public
offense.
Sec.
536.
Section
229A.6A,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
To
a
medical
facility
for
medical
treatment,
if
necessary
medical
treatment
is
not
available
at
the
facility
where
the
person
is
confined.
A
transport
order
is
not
required
to
transport
the
person
for
medical
treatment.
However,
the
person
is
not
entitled
to
choose
the
medical
facility
where
treatment
is
to
be
obtained
or
the
medical
personnel
to
provide
the
treatment.
Transportation
of
a
committed
person
shall
be
provided
by
the
sheriff
of
the
county
in
which
the
person
is
confined
if
requested
by
the
department
of
human
services
.
Sec.
537.
Section
229A.7,
subsection
5,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
If
the
court
or
jury
determines
that
the
respondent
is
a
sexually
violent
predator,
the
respondent
shall
be
committed
to
the
custody
of
the
director
of
the
department
of
human
services
for
control,
care,
and
treatment
until
such
time
as
the
person’s
mental
abnormality
has
so
changed
that
the
person
is
safe
to
be
placed
in
a
transitional
release
program
or
discharged.
The
determination
may
be
appealed.
Sec.
538.
Section
229A.7,
subsection
7,
Code
2023,
is
Senate
File
514,
p.
318
amended
to
read
as
follows:
7.
The
control,
care,
and
treatment
of
a
person
determined
to
be
a
sexually
violent
predator
shall
be
provided
at
a
facility
operated
by
the
department
of
human
services
.
At
all
times
prior
to
placement
in
a
transitional
release
program
or
release
with
supervision,
persons
committed
for
control,
care,
and
treatment
by
the
department
of
human
services
pursuant
to
this
chapter
shall
be
kept
in
a
secure
facility
and
those
patients
shall
be
segregated
at
all
times
from
any
other
patient
under
the
supervision
of
the
department
of
human
services
.
A
person
committed
pursuant
to
this
chapter
to
the
custody
of
the
department
of
human
services
may
be
kept
in
a
facility
or
building
separate
from
any
other
patient
under
the
supervision
of
the
department
of
human
services
.
The
department
of
human
services
may
enter
into
a
chapter
28E
agreement
with
the
department
of
corrections
or
other
appropriate
agency
in
this
state
or
another
state
for
the
confinement
of
patients
who
have
been
determined
to
be
sexually
violent
predators.
Patients
who
are
in
the
custody
of
the
director
of
the
department
of
corrections
pursuant
to
a
chapter
28E
agreement
and
who
have
not
been
placed
in
a
transitional
release
program
or
released
with
supervision
shall
be
housed
and
managed
separately
from
criminal
offenders
in
the
custody
of
the
director
of
the
department
of
corrections,
and
except
for
occasional
instances
of
supervised
incidental
contact,
shall
be
segregated
from
those
offenders.
Sec.
539.
Section
229A.8,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Nothing
contained
in
this
chapter
shall
prohibit
the
person
from
otherwise
petitioning
the
court
for
discharge
or
placement
in
a
transitional
release
program
at
the
annual
review.
The
director
of
human
services
department
shall
provide
the
committed
person
with
an
annual
written
notice
of
the
person’s
right
to
petition
the
court
for
discharge
or
placement
in
a
transitional
release
program
without
authorization
from
the
director.
The
notice
shall
contain
a
waiver
of
rights.
The
director
department
shall
forward
the
notice
and
waiver
form
to
the
court
with
the
annual
report.
Sec.
540.
Section
229A.8,
subsection
5,
paragraphs
f
and
g,
Senate
File
514,
p.
319
Code
2023,
are
amended
to
read
as
follows:
f.
If
at
the
time
for
the
annual
review
the
committed
person
has
filed
a
petition
for
discharge
or
placement
in
a
transitional
release
program
with
authorization
from
the
director
of
human
services
,
the
court
shall
set
a
final
hearing
within
ninety
days
of
the
authorization
by
the
director,
and
no
annual
review
shall
be
held.
g.
If
the
committed
person
has
not
filed
a
petition,
or
has
filed
a
petition
for
discharge
or
for
placement
in
a
transitional
release
program
without
authorization
from
the
director
of
human
services
,
the
court
shall
first
conduct
the
annual
review
as
provided
in
this
subsection
.
Sec.
541.
Section
229A.8,
subsection
6,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
If
the
director
of
human
services
has
authorized
the
committed
person
to
petition
for
discharge
or
for
placement
in
a
transitional
release
program
and
the
case
is
before
a
jury,
testimony
by
a
victim
of
a
prior
sexually
violent
offense
committed
by
the
person
is
not
admissible.
If
the
director
has
not
authorized
the
petition
or
the
case
is
before
the
court,
testimony
by
a
victim
of
a
sexually
violent
offense
committed
by
the
person
may
be
admitted.
Sec.
542.
Section
229A.8A,
subsections
1,
6,
and
7,
Code
2023,
are
amended
to
read
as
follows:
1.
The
department
of
human
services
is
authorized
to
may
establish
a
transitional
release
program
and
provide
control,
care,
and
treatment,
and
supervision
of
committed
persons
placed
in
such
a
program.
6.
The
department
of
human
services
shall
be
responsible
for
establishing
and
implementing
the
rules
and
directives
regarding
the
location
of
the
transitional
release
program,
staffing
needs,
restrictions
on
confinement
and
the
movement
of
committed
persons,
and
for
assessing
the
progress
of
committed
persons
in
the
program.
The
court
may
also
impose
conditions
on
a
committed
person
placed
in
the
program.
7.
The
department
of
human
services
may
contract
with
other
government
or
private
agencies,
including
the
department
of
corrections,
to
implement
and
administer
the
transitional
release
program.
Senate
File
514,
p.
320
Sec.
543.
Section
229A.8B,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
If
a
committed
person
absconds
from
a
transitional
release
program
in
violation
of
the
rules
or
directives,
a
presumption
arises
that
the
person
poses
a
risk
to
public
safety.
The
department
of
human
services
,
in
cooperation
with
local
law
enforcement
agencies,
may
make
a
public
announcement
about
the
absconder.
The
public
announcement
may
include
a
description
of
the
committed
person,
that
the
person
is
in
transitional
release
from
the
sexually
violent
predator
program,
and
any
other
information
important
to
public
safety.
3.
Upon
the
return
of
the
committed
person
to
a
secure
facility,
the
director
of
human
services
or
the
director’s
designee
shall
notify
the
court
that
issued
the
ex
parte
order
that
the
absconder
has
been
returned
to
a
secure
facility,
and
the
court
shall
set
a
hearing
to
determine
if
a
violation
occurred.
If
a
court
order
was
not
issued,
the
director
or
the
director’s
designee
shall
contact
the
nearest
district
court
with
jurisdiction
to
set
a
hearing
to
determine
whether
a
violation
of
the
rules
or
directives
occurred.
The
court
shall
schedule
a
hearing
after
receiving
notice
that
the
committed
person
has
been
returned
from
the
transitional
release
program
to
a
secure
facility.
Sec.
544.
Section
229A.9A,
subsections
2,
3,
and
8,
Code
2023,
are
amended
to
read
as
follows:
2.
If
release
with
supervision
is
ordered,
the
department
of
human
services
shall
prepare
within
sixty
days
of
the
order
of
the
court
a
release
plan
addressing
the
person’s
needs
for
counseling,
medication,
community
support
services,
residential
services,
vocational
services,
alcohol
or
other
drug
abuse
substance
use
disorder
treatment,
sex
offender
treatment,
or
any
other
treatment
or
supervision
necessary.
3.
The
court
shall
set
a
hearing
on
the
release
plan
prepared
by
the
department
of
human
services
before
the
committed
person
is
released
from
a
secure
facility
or
a
transitional
release
program.
8.
The
court
shall
retain
jurisdiction
over
the
committed
person
who
has
been
released
with
supervision
until
the
person
is
discharged
from
the
program.
The
department
of
human
Senate
File
514,
p.
321
services
or
a
judicial
district
department
of
correctional
services
shall
not
be
held
liable
for
any
acts
committed
by
a
committed
person
who
has
been
ordered
released
with
supervision.
Sec.
545.
Section
229A.9B,
subsections
2,
3,
and
5,
Code
2023,
are
amended
to
read
as
follows:
2.
If
a
committed
person
has
absconded
in
violation
of
the
conditions
of
the
person’s
release
plan,
a
presumption
arises
that
the
person
poses
a
risk
to
public
safety.
The
department
of
human
services
or
contracting
agency,
in
cooperation
with
local
law
enforcement
agencies,
may
make
a
public
announcement
about
the
absconder.
The
public
announcement
may
include
a
description
of
the
committed
person,
that
the
committed
person
is
on
release
with
supervision
from
the
sexually
violent
predator
program,
and
any
other
information
pertinent
to
public
safety.
3.
Upon
the
return
of
the
committed
person
to
a
secure
facility,
the
director
of
human
services
or
the
director’s
designee
shall
notify
the
court
that
issued
the
ex
parte
order
that
the
committed
person
has
been
returned
to
a
secure
facility,
and
the
court
shall
set
hearing
to
determine
if
a
violation
occurred.
If
a
court
order
was
not
issued,
the
director
or
the
director’s
designee
shall
contact
the
nearest
district
court
with
jurisdiction
to
set
a
hearing
to
determine
whether
a
violation
of
the
conditions
of
the
release
plan
occurred.
The
court
shall
schedule
a
hearing
after
receiving
notice
that
the
committed
person
has
been
returned
to
a
secure
facility.
5.
If
the
court
determines
a
violation
occurred,
the
court
shall
receive
release
recommendations
from
the
department
of
human
services
and
either
order
that
the
committed
person
be
returned
to
release
with
supervision
or
placed
in
a
transitional
release
program,
or
be
confined
in
a
secure
facility.
The
court
may
impose
further
conditions
upon
the
committed
person
if
returned
to
release
with
supervision
or
placed
in
the
transitional
release
program.
If
the
court
determines
no
violation
occurred,
the
committed
person
shall
be
returned
to
release
with
supervision.
Sec.
546.
Section
229A.10,
subsection
1,
Code
2023,
is
Senate
File
514,
p.
322
amended
to
read
as
follows:
1.
If
the
director
of
human
services
determines
that
the
person’s
mental
abnormality
has
so
changed
that
the
person
is
not
likely
to
engage
in
predatory
acts
that
constitute
sexually
violent
offenses
if
discharged,
the
director
shall
authorize
the
person
to
petition
the
court
for
discharge.
The
petition
shall
be
served
upon
the
court
and
the
attorney
general.
The
court,
upon
receipt
of
the
petition
for
discharge,
shall
order
a
hearing
within
thirty
days.
The
attorney
general
shall
represent
the
state,
and
shall
have
the
right
to
have
the
petitioner
examined
by
an
expert
or
professional
person
of
the
attorney
general’s
choice.
The
hearing
shall
be
before
a
jury
if
demanded
by
either
the
petitioner
or
the
attorney
general.
If
the
attorney
general
objects
to
the
petition
for
discharge,
the
burden
of
proof
shall
be
upon
the
attorney
general
to
show
beyond
a
reasonable
doubt
that
the
petitioner’s
mental
abnormality
or
personality
disorder
remains
such
that
the
petitioner
is
likely
to
engage
in
predatory
acts
that
constitute
sexually
violent
offenses
if
discharged.
Sec.
547.
Section
229A.11,
Code
2023,
is
amended
to
read
as
follows:
229A.11
Subsequent
discharge
or
transitional
release
petitions
——
limitations.
Nothing
in
this
chapter
shall
prohibit
a
person
from
filing
a
petition
for
discharge
or
placement
in
a
transitional
release
program,
pursuant
to
this
chapter
.
However,
if
a
person
has
previously
filed
a
petition
for
discharge
or
for
placement
in
a
transitional
release
program
without
the
authorization
of
the
director
of
human
services
,
and
the
court
determines
either
upon
review
of
the
petition
or
following
a
hearing
that
the
petition
was
frivolous
or
that
the
petitioner’s
condition
had
not
so
changed
that
the
person
was
not
likely
to
engage
in
predatory
acts
constituting
sexually
violent
offenses
if
discharged,
or
was
not
suitable
for
placement
in
the
transitional
release
program,
then
the
court
shall
summarily
deny
the
subsequent
petition
unless
the
petition
contains
facts
upon
which
a
court
could
find
the
condition
of
the
petitioner
had
so
changed
that
a
hearing
was
warranted.
Upon
receipt
of
a
first
or
subsequent
petition
from
a
committed
person
without
the
director’s
Senate
File
514,
p.
323
authorization,
the
court
shall
endeavor
whenever
possible
to
review
the
petition
and
determine
if
the
petition
is
based
upon
frivolous
grounds.
If
the
court
determines
that
a
petition
is
frivolous,
the
court
shall
dismiss
the
petition
without
a
hearing.
Sec.
548.
Section
229A.12,
Code
2023,
is
amended
to
read
as
follows:
229A.12
Director
of
human
services
——
responsibility
for
costs
——
reimbursement.
The
director
of
human
services
shall
be
responsible
for
all
costs
relating
to
the
evaluation,
treatment,
and
services
provided
to
a
person
that
are
incurred
after
the
person
is
committed
to
the
director’s
custody
after
the
court
or
jury
determines
that
the
respondent
is
a
sexually
violent
predator
and
pursuant
to
commitment
under
any
provision
of
this
chapter
.
If
placement
in
a
transitional
release
program
or
supervision
is
ordered,
the
director
shall
also
be
responsible
for
all
costs
related
to
the
transitional
release
program
or
to
the
supervision
and
treatment
of
any
person.
Reimbursement
may
be
obtained
by
the
director
from
the
patient
and
any
person
legally
liable
or
bound
by
contract
for
the
support
of
the
patient
for
the
cost
of
confinement
or
of
care
and
treatment
provided.
To
the
extent
allowed
by
the
United
States
social
security
administration,
any
benefit
payments
received
by
the
person
pursuant
to
the
federal
Social
Security
Act
shall
be
used
for
the
costs
incurred.
As
used
in
this
section
,
“any
person
legally
liable”
does
not
include
a
political
subdivision.
Sec.
549.
Section
229A.15B,
Code
2023,
is
amended
to
read
as
follows:
229A.15B
Rulemaking
authority.
The
department
of
human
services
shall
adopt
rules
pursuant
to
chapter
17A
necessary
to
administer
this
chapter
.
Sec.
550.
Section
230.1,
Code
2023,
is
amended
to
read
as
follows:
230.1
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Administrator”
means
the
administrator
of
the
department
of
human
services
assigned,
in
accordance
with
section
Senate
File
514,
p.
324
218.1
,
to
control
the
state
mental
health
institutes,
or
that
administrator’s
designee.
2.
1.
“Book”
,
“list”
,
“record”
,
or
“schedule”
kept
by
a
county
auditor,
assessor,
treasurer,
recorder,
sheriff,
or
other
county
officer
means
the
county
system
as
defined
in
section
445.1
.
3.
2.
“Department”
means
the
department
of
health
and
human
services.
3.
“Director”
means
the
director
of
health
and
human
services.
4.
“Region”
means
a
mental
health
and
disability
services
region
formed
in
accordance
with
section
331.389
.
5.
“Regional
administrator”
means
the
same
as
defined
in
section
331.388
.
6.
“State
mental
health
institute”
or
“mental
health
institute”
means
a
mental
health
institute
designated
in
section
226.1.
Sec.
551.
Section
230.1A,
Code
2023,
is
amended
to
read
as
follows:
230.1A
Liability
of
county
and
state.
1.
The
necessary
and
legal
costs
and
expenses
attending
for
the
taking
into
custody,
care,
investigation,
admission,
commitment,
and
support
of
a
person
with
mental
illness
admitted
or
committed
to
a
state
hospital
mental
health
institute
shall
be
paid
by
the
regional
administrator
on
behalf
of
the
person’s
county
of
residence
or
by
the
state
as
follows:
a.
If
the
person
is
eighteen
years
of
age
or
older,
as
follows:
(1)
The
costs
attributed
to
mental
illness
shall
be
paid
by
the
regional
administrator
on
behalf
of
the
person’s
county
of
residence.
(2)
The
costs
attributed
to
a
substance-related
substance
use
disorder
shall
be
paid
by
the
person’s
county
of
residence.
(3)
The
costs
attributable
to
a
dual
diagnosis
of
mental
illness
and
a
substance-related
substance
use
disorder
may
be
split
divided
as
provided
in
section
226.9C.
b.
By
the
state
if
such
person
has
no
residence
in
this
state,
if
the
person’s
residence
is
unknown,
or
if
the
person
is
under
eighteen
years
of
age.
Senate
File
514,
p.
325
2.
The
county
of
residence
of
any
person
with
mental
illness
who
is
a
patient
of
any
state
institution
mental
health
institute
shall
be
the
person’s
county
of
residence
existing
at
the
time
of
admission
to
the
institution
institute
.
3.
A
region
or
county
of
residence
is
not
liable
for
costs
and
expenses
associated
with
a
person
with
mental
illness
unless
the
costs
and
expenses
are
for
services
and
other
support
authorized
for
the
person
through
the
regional
administrator
for
the
county.
Sec.
552.
Section
230.5,
Code
2023,
is
amended
to
read
as
follows:
230.5
Nonresidents.
If
a
person’s
residence
is
determined
in
accordance
with
section
230.2
or
230.3
to
be
in
a
foreign
state
or
country,
or
is
unknown,
the
court
or
the
regional
administrator
of
the
person’s
county
of
residence
shall
immediately
certify
the
determination
to
the
department’s
administrator
department
.
The
certification
shall
be
accompanied
by
a
copy
of
the
evidence
supporting
the
determination.
A
court
order
issued
pursuant
to
section
229.13
shall
direct
that
the
patient
be
hospitalized
at
the
appropriate
state
hospital
for
persons
with
mental
illness
health
institute
.
Sec.
553.
Section
230.6,
Code
2023,
is
amended
to
read
as
follows:
230.6
Investigation
by
administrator
department
.
The
administrator
department
shall
immediately
investigate
the
residency
of
a
patient
and
proceed
as
follows:
1.
If
the
administrator
department
concurs
with
a
certified
determination
of
residency
concerning
the
patient,
the
administrator
department
shall
cause
the
patient
either
to
be
transferred
to
a
state
hospital
for
persons
with
mental
illness
health
institute
at
the
expense
of
the
state,
or
to
be
transferred,
with
approval
of
the
court
as
required
by
chapter
229
,
to
the
place
of
foreign
residence.
2.
If
the
administrator
department
disputes
a
certified
legal
residency
determination,
the
administrator
department
shall
order
the
patient
to
be
maintained
at
a
state
hospital
for
persons
with
mental
illness
health
institute
at
the
expense
of
the
state
until
the
dispute
is
resolved.
Senate
File
514,
p.
326
3.
If
the
administrator
department
disputes
a
residency
determination,
the
administrator
department
shall
utilize
the
procedure
provided
in
section
331.394
to
resolve
the
dispute.
A
determination
of
the
person’s
residency
status
made
pursuant
to
section
331.394
is
conclusive.
Sec.
554.
Section
230.7,
Code
2023,
is
amended
to
read
as
follows:
230.7
Transfer
of
nonresidents.
Upon
determining
that
a
patient
in
a
state
hospital
mental
health
institute
who
has
been
involuntarily
hospitalized
under
chapter
229
or
admitted
voluntarily
at
public
expense
was
not
a
resident
of
this
state
at
the
time
of
the
involuntary
hospitalization
or
admission,
the
administrator
director
or
director’s
designee
may
cause
that
the
patient
to
be
conveyed
to
the
patient’s
place
of
residence.
However,
a
transfer
under
this
section
may
be
made
only
if
the
patient’s
condition
so
permits
and
other
reasons
do
not
render
the
transfer
inadvisable.
If
the
patient
was
involuntarily
hospitalized,
prior
approval
of
the
transfer
must
shall
be
obtained
from
the
court
which
ordered
the
patient
hospitalized.
Sec.
555.
Section
230.8,
Code
2023,
is
amended
to
read
as
follows:
230.8
Transfers
of
persons
with
mental
illness
——
expenses.
The
transfer
to
any
state
hospitals
mental
health
institute
or
to
the
places
of
their
residence
of
persons
with
mental
illness
who
have
no
residence
in
this
state
or
whose
residence
is
unknown,
shall
be
made
according
to
the
directions
of
the
administrator
department
,
and
when
practicable
by
employees
of
the
state
hospitals
mental
health
institutes
.
The
actual
and
necessary
expenses
of
such
transfers
shall
be
paid
by
the
department
on
itemized
vouchers
sworn
to
by
the
claimants
and
approved
by
the
administrator
director
.
Sec.
556.
Section
230.9,
Code
2023,
is
amended
to
read
as
follows:
230.9
Subsequent
discovery
of
residence.
If,
after
a
person
has
been
received
by
a
state
hospital
for
persons
with
mental
illness
health
institute
whose
residence
is
supposed
to
be
outside
this
state,
the
administrator
department
determines
that
the
residence
of
the
person
was,
at
the
time
Senate
File
514,
p.
327
of
admission
or
commitment,
in
a
county
of
this
state,
the
administrator
department
shall
certify
the
determination
and
charge
all
legal
costs
and
expenses
pertaining
to
the
admission
or
commitment
and
support
of
the
person
to
the
regional
administrator
of
the
person’s
county
of
residence.
The
certification
shall
be
sent
to
the
regional
administrator
of
the
person’s
county
of
residence.
The
certification
shall
be
accompanied
by
a
copy
of
the
evidence
supporting
the
determination.
The
costs
and
expenses
shall
be
collected
as
provided
by
law
in
other
cases.
If
the
person’s
residency
status
has
been
determined
in
accordance
with
section
331.394
,
the
legal
costs
and
expenses
shall
be
charged
in
accordance
with
that
determination.
Sec.
557.
Section
230.10,
Code
2023,
is
amended
to
read
as
follows:
230.10
Payment
of
costs.
All
legal
costs
and
expenses
attending
for
the
taking
into
custody,
care,
investigation,
and
admission
or
commitment
of
a
person
to
a
state
hospital
for
persons
with
mental
illness
health
institute
under
a
finding
that
the
person
has
residency
in
another
county
of
this
state
shall
be
charged
against
the
regional
administrator
of
the
person’s
county
of
residence.
Sec.
558.
Section
230.11,
Code
2023,
is
amended
to
read
as
follows:
230.11
Recovery
of
costs
from
state.
Costs
and
expenses
attending
for
the
taking
into
custody,
care,
and
investigation
of
a
person
who
has
been
admitted
or
committed
to
a
state
hospital
mental
health
institute
,
United
States
department
of
veterans
affairs
hospital,
or
other
agency
of
the
United
States
government,
for
persons
with
mental
illness
and
who
has
no
residence
in
this
state
or
whose
residence
is
unknown,
including
cost
of
commitment,
if
any,
shall
be
paid
as
approved
by
the
administrator
department
.
The
amount
of
the
costs
and
expenses
approved
by
the
administrator
department
is
appropriated
to
the
department
from
any
moneys
in
the
state
treasury
not
otherwise
appropriated.
Payment
shall
be
made
by
the
department
on
itemized
vouchers
executed
by
the
regional
administrator
of
the
person’s
county
which
has
paid
them,
and
approved
by
the
administrator
department
.
Senate
File
514,
p.
328
Sec.
559.
Section
230.12,
Code
2023,
is
amended
to
read
as
follows:
230.12
Residency
disputes.
If
a
dispute
arises
between
different
counties
or
between
the
administrator
department
and
a
regional
administrator
for
a
county
as
to
the
residence
of
a
person
admitted
or
committed
to
a
state
hospital
for
persons
with
mental
illness
health
institute
,
the
dispute
shall
be
resolved
as
provided
in
section
331.394
.
Sec.
560.
Section
230.15,
Code
2023,
is
amended
to
read
as
follows:
230.15
Personal
liability.
1.
A
person
with
mental
illness
and
a
person
legally
liable
for
the
person’s
support
remain
liable
for
the
support
of
the
person
with
mental
illness
as
provided
in
this
section
.
Persons
legally
liable
for
the
support
of
a
person
with
mental
illness
include
the
spouse
of
the
person,
and
any
person
bound
by
contract
for
support
of
the
person.
The
regional
administrator
of
the
person’s
county
of
residence,
subject
to
the
direction
of
the
region’s
governing
board,
shall
enforce
the
obligation
created
in
this
section
as
to
all
sums
advanced
by
the
regional
administrator.
The
liability
to
the
regional
administrator
incurred
by
a
person
with
mental
illness
or
a
person
legally
liable
for
the
person’s
support
under
this
section
is
limited
to
an
amount
equal
to
one
hundred
percent
of
the
cost
of
care
and
treatment
of
the
person
with
mental
illness
at
a
state
mental
health
institute
for
one
hundred
twenty
days
of
hospitalization.
This
limit
of
liability
may
be
reached
by
payment
of
the
cost
of
care
and
treatment
of
the
person
with
mental
illness
subsequent
to
a
single
admission
or
multiple
admissions
to
a
state
mental
health
institute
or,
if
the
person
is
not
discharged
as
cured,
subsequent
to
a
single
transfer
or
multiple
transfers
to
a
county
care
facility
pursuant
to
section
227.11
.
After
reaching
this
limit
of
liability,
a
person
with
mental
illness
or
a
person
legally
liable
for
the
person’s
support
is
liable
to
the
regional
administrator
for
the
care
and
treatment
of
the
person
with
mental
illness
at
a
state
mental
health
institute
or,
if
transferred
but
not
discharged
as
cured,
at
a
county
care
facility
in
an
amount
not
in
excess
of
the
Senate
File
514,
p.
329
average
minimum
cost
of
the
maintenance
of
an
individual
who
is
physically
and
mentally
healthy
residing
in
the
individual’s
own
home,
which
standard
shall
be
established
and
may
from
time
to
time
be
revised
by
the
department
of
human
services
.
A
lien
imposed
by
section
230.25
shall
not
exceed
the
amount
of
the
liability
which
may
be
incurred
under
this
section
on
account
of
a
person
with
mental
illness.
2.
A
person
with
a
substance-related
substance
use
disorder
is
legally
liable
for
the
total
amount
of
the
cost
of
providing
care,
maintenance,
and
treatment
for
the
person
with
a
substance-related
substance
use
disorder
while
a
voluntary
or
committed
patient.
When
a
portion
of
the
cost
is
paid
by
a
county,
the
person
with
a
substance-related
substance
use
disorder
is
legally
liable
to
the
county
for
the
amount
paid.
The
person
with
a
substance-related
substance
use
disorder
shall
assign
any
claim
for
reimbursement
under
any
contract
of
indemnity,
by
insurance
or
otherwise,
providing
for
the
person’s
care,
maintenance,
and
treatment
in
a
state
hospital
mental
health
institute
to
the
state.
Any
payments
received
by
the
state
from
or
on
behalf
of
a
person
with
a
substance-related
substance
use
disorder
shall
be
in
part
credited
to
the
county
in
proportion
to
the
share
of
the
costs
paid
by
the
county.
3.
Nothing
in
this
section
shall
be
construed
to
prevent
a
relative
or
other
person
from
voluntarily
paying
the
full
actual
cost
or
any
portion
of
the
care
and
treatment
of
any
person
with
mental
illness
or
a
substance-related
substance
use
disorder
as
established
by
the
department
of
human
services
.
Sec.
561.
Section
230.18,
Code
2023,
is
amended
to
read
as
follows:
230.18
Expense
in
county
or
private
hospitals
facility
.
The
estates
of
persons
with
mental
illness
who
may
be
treated
or
confined
in
any
county
hospital
or
home,
or
in
any
private
hospital
or
sanatorium
facility
,
and
the
estates
of
persons
legally
bound
for
their
support,
shall
be
liable
to
the
regional
administrator
of
the
person’s
county
of
residence
for
the
reasonable
cost
of
such
support.
Sec.
562.
Section
230.19,
Code
2023,
is
amended
to
read
as
follows:
230.19
Nonresidents
liable
to
state
——
presumption.
Senate
File
514,
p.
330
The
estates
of
all
nonresident
patients
provided
for
and
treated
in
state
hospitals
for
persons
with
mental
illness
health
institutes
in
this
state,
and
all
persons
legally
bound
for
the
support
of
such
patients,
shall
be
liable
to
the
state
for
the
reasonable
value
of
the
care,
maintenance,
and
treatment
of
such
patients
while
in
such
hospitals
institutes
.
The
certificate
of
the
superintendent
of
the
state
hospital
mental
health
institute
in
which
any
nonresident
is
or
has
been
a
patient,
showing
the
amounts
drawn
from
the
state
treasury
or
due
therefrom
as
provided
by
law
on
account
of
such
nonresident
patient,
shall
be
presumptive
evidence
of
the
reasonable
value
of
the
care,
maintenance,
and
treatment
furnished
such
patient.
Sec.
563.
Section
230.20,
subsection
1,
paragraph
a,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
The
costs
of
food,
lodging,
and
other
maintenance
provided
to
persons
not
patients
of
the
hospital
state
mental
health
institute
.
Sec.
564.
Section
230.20,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
A
superintendent
of
a
mental
health
institute
may
request
that
the
director
of
human
services
enter
into
a
contract
with
a
person
for
the
mental
health
institute
to
provide
consultation
or
treatment
services
or
for
fulfilling
other
purposes
which
are
consistent
with
the
purposes
stated
in
section
226.1
.
The
contract
provisions
shall
include
charges
which
reflect
the
actual
cost
of
providing
the
services
or
fulfilling
the
other
purposes.
Any
income
from
a
contract
authorized
under
this
subsection
may
be
retained
by
the
mental
health
institute
to
defray
the
costs
of
providing
the
services.
Except
for
a
contract
voluntarily
entered
into
by
a
county
under
this
subsection
,
the
costs
or
income
associated
with
a
contract
authorized
under
this
subsection
shall
not
be
considered
in
computing
charges
and
per
diem
costs
in
accordance
with
the
provisions
of
subsections
1
through
6
.
Sec.
565.
Section
230.26,
Code
2023,
is
amended
to
read
as
follows:
230.26
Regional
administrator
to
keep
record.
The
regional
administrator
shall
keep
an
accurate
account
of
the
cost
of
the
maintenance
of
any
patient
kept
in
any
Senate
File
514,
p.
331
institution
facility
as
provided
for
in
this
chapter
and
keep
an
index
of
the
names
of
the
persons
admitted
or
committed
from
each
county
in
the
region.
The
name
of
the
spouse
of
the
person
admitted
or
committed
shall
also
be
indexed
in
the
same
manner
as
the
names
of
the
persons
admitted
or
committed
are
indexed.
The
book
shall
be
designated
as
an
account
book
or
index,
and
shall
have
no
reference
in
any
place
to
a
lien.
Sec.
566.
Section
230.31,
Code
2023,
is
amended
to
read
as
follows:
230.31
Departers
from
other
states.
If
a
person
with
mental
illness
departs
without
proper
authority
from
an
institution
a
facility
in
another
state
and
is
found
in
this
state,
a
peace
officer
in
the
county
in
which
the
patient
is
found
may
take
and
detain
the
patient
without
order
and
shall
report
the
detention
to
the
administrator
department
who
shall
provide
for
the
return
of
the
patient
to
the
authorities
of
the
state
where
the
unauthorized
leave
was
made.
Pending
such
return,
the
patient
may
be
detained
temporarily
at
one
of
the
institutions
of
this
state
under
the
control
of
the
administrator
or
any
other
administrator
of
the
department
of
human
services
.
Expenses
incurred
under
this
section
shall
be
paid
in
the
same
manner
as
is
provided
for
transfers
in
section
230.8
.
Sec.
567.
Section
230.32,
Code
2023,
is
amended
to
read
as
follows:
230.32
Support
of
nonresident
patients
on
leave.
The
cost
of
support
of
patients
without
residence
in
this
state,
who
are
placed
on
convalescent
leave
or
removed
from
a
state
mental
health
institute
to
any
health
care
facility
licensed
under
chapter
135C
for
rehabilitation
purposes,
shall
be
paid
from
the
hospital
state
mental
health
institute
support
fund
and
shall
be
charged
on
abstract
in
the
same
manner
as
state
inpatients,
until
such
time
as
the
patient
becomes
self-supporting
or
qualifies
for
support
under
existing
statutes.
Sec.
568.
Section
230.33,
Code
2023,
is
amended
to
read
as
follows:
230.33
Reciprocal
agreements.
1.
The
administrator
department
may
enter
into
agreements
Senate
File
514,
p.
332
with
other
states,
through
their
duly
constituted
authorities,
to
effect
the
reciprocal
return
of
persons
with
mental
illness
and
persons
with
an
intellectual
disability
to
the
contracting
states,
and
to
effect
the
reciprocal
supervision
of
persons
on
convalescent
leave.
2.
However,
in
the
case
of
a
proposed
transfer
of
a
person
with
mental
illness
or
an
intellectual
disability
from
this
state,
final
action
shall
not
be
taken
without
the
approval
of
the
district
court
of
the
county
of
admission
or
commitment.
Sec.
569.
Section
230A.101,
Code
2023,
is
amended
to
read
as
follows:
230A.101
Services
system
roles.
1.
The
role
of
the
department
of
human
services,
through
the
division
of
the
department
designated
as
the
state
mental
health
authority
with
responsibility
for
state
policy
concerning
mental
health
and
disability
services,
is
to
develop
and
maintain
policies
for
the
mental
health
and
disability
services
system.
The
policies
shall
address
the
service
needs
of
individuals
of
all
ages
with
disabilities
in
this
state,
regardless
of
the
individuals’
places
of
residence
or
economic
circumstances,
and
shall
be
consistent
with
the
requirements
of
chapter
225C
and
other
applicable
law.
2.
The
role
of
community
mental
health
centers
in
the
mental
health
and
disability
services
system
is
to
provide
an
organized
set
of
services
in
order
to
adequately
meet
the
mental
health
needs
of
this
state’s
citizens
based
on
organized
catchment
areas.
Sec.
570.
Section
230A.102,
Code
2023,
is
amended
to
read
as
follows:
230A.102
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Administrator”
,
“commission”
“Commission”
,
“department”
,
“director”
,
and
“disability
services”
,
and
“division”
mean
the
same
as
defined
in
section
225C.2
.
2.
“Catchment
area”
means
a
community
mental
health
center
catchment
area
identified
in
accordance
with
this
chapter
.
3.
“Community
mental
health
center”
or
“center”
means
a
community
mental
health
center
designated
in
accordance
with
Senate
File
514,
p.
333
this
chapter
.
Sec.
571.
Section
230A.103,
Code
2023,
is
amended
to
read
as
follows:
230A.103
Designation
of
community
mental
health
centers.
1.
The
division
department
,
subject
to
agreement
by
any
community
mental
health
center
that
would
provide
services
for
the
catchment
area
and
approval
by
the
commission,
shall
designate
at
least
one
community
mental
health
center
under
this
chapter
for
addressing
the
mental
health
needs
of
the
county
or
counties
comprising
the
catchment
area.
The
designation
process
shall
provide
for
the
input
of
potential
service
providers
regarding
designation
of
the
initial
catchment
area
or
a
change
in
the
designation.
2.
The
division
department
shall
utilize
objective
criteria
for
designating
a
community
mental
health
center
to
serve
a
catchment
area
and
for
withdrawing
such
designation.
The
commission
shall
adopt
rules
outlining
the
criteria.
The
criteria
shall
include
but
are
not
limited
to
provisions
for
meeting
all
of
the
following
requirements:
a.
An
appropriate
means
shall
be
used
for
determining
which
prospective
designee
is
best
able
to
serve
all
ages
of
the
targeted
population
within
the
catchment
area
with
minimal
or
no
service
denials.
b.
An
effective
means
shall
be
used
for
determining
the
relative
ability
of
a
prospective
designee
to
appropriately
provide
mental
health
services
and
other
support
to
consumers
residing
within
a
catchment
area
as
well
as
consumers
residing
outside
the
catchment
area.
The
criteria
shall
address
the
duty
for
a
prospective
designee
to
arrange
placements
outside
the
catchment
area
when
such
placements
best
meet
consumer
needs
and
to
provide
services
within
the
catchment
area
to
consumers
who
reside
outside
the
catchment
area
when
the
services
are
necessary
and
appropriate.
3.
The
board
of
directors
for
a
designated
community
mental
health
center
shall
enter
into
an
agreement
with
the
division
department
.
The
terms
of
the
agreement
shall
include
but
are
not
limited
to
all
of
the
following:
a.
The
period
of
time
the
agreement
will
be
in
force.
b.
The
services
and
other
support
the
center
will
offer
or
Senate
File
514,
p.
334
provide
for
the
residents
of
the
catchment
area.
c.
The
standards
to
be
followed
by
the
center
in
determining
whether
and
to
what
extent
the
persons
seeking
services
from
the
center
shall
be
considered
to
be
able
to
pay
the
costs
of
the
services.
d.
The
policies
regarding
availability
of
the
services
offered
by
the
center
to
the
residents
of
the
catchment
area
as
well
as
consumers
residing
outside
the
catchment
area.
e.
The
requirements
for
preparation
and
submission
to
the
division
department
of
annual
audits,
cost
reports,
program
reports,
performance
measures,
and
other
financial
and
service
accountability
information.
4.
This
section
does
not
limit
the
authority
of
the
board
or
the
boards
of
supervisors
of
any
county
or
group
of
counties
to
continue
to
expend
money
to
support
operation
of
a
center.
Sec.
572.
Section
230A.104,
Code
2023,
is
amended
to
read
as
follows:
230A.104
Catchment
areas.
1.
The
division
department
shall
collaborate
with
affected
counties
in
identifying
community
mental
health
center
catchment
areas
in
accordance
with
this
section
.
2.
a.
Unless
the
division
department
has
determined
that
exceptional
circumstances
exist,
a
catchment
area
shall
be
served
by
one
community
mental
health
center.
The
purpose
of
this
general
limitation
is
to
clearly
designate
the
center
responsible
and
accountable
for
providing
core
mental
health
services
to
the
target
population
in
the
catchment
area
and
to
protect
the
financial
viability
of
the
centers
comprising
the
mental
health
services
system
in
the
state.
b.
A
formal
review
process
shall
be
used
in
determining
whether
exceptional
circumstances
exist
that
justify
designating
more
than
one
center
to
serve
a
catchment
area.
The
criteria
for
the
review
process
shall
include
but
are
not
limited
to
a
means
of
determining
whether
the
catchment
area
can
support
more
than
one
center.
c.
Criteria
shall
be
provided
that
would
allow
the
designation
of
more
than
one
center
for
all
or
a
portion
of
a
catchment
area
if
designation
or
approval
for
more
than
one
center
was
provided
by
the
division
department
as
of
October
1,
Senate
File
514,
p.
335
2010.
The
criteria
shall
require
a
determination
that
all
such
centers
would
be
financially
viable
if
designation
is
provided
for
all.
Sec.
573.
Section
230A.105,
subsection
1,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
Individuals
described
in
paragraph
“a”
,
“b”
,
“c”
,
or
“d”
who
have
a
co-occurring
disorder,
including
but
not
limited
to
substance
abuse
use
disorder
,
intellectual
disability,
a
developmental
disability,
brain
injury,
autism
spectrum
disorder,
or
another
disability
or
special
health
care
need.
Sec.
574.
Section
230A.108,
Code
2023,
is
amended
to
read
as
follows:
230A.108
Administrative,
diagnostic,
and
demographic
information.
Release
of
administrative
and
diagnostic
information,
as
defined
in
section
228.1
,
and
demographic
information
necessary
for
aggregated
reporting
to
meet
the
data
requirements
established
by
the
division
department
,
relating
to
an
individual
who
receives
services
from
a
community
mental
health
center,
may
be
made
a
condition
of
support
of
that
center
by
the
division
department
.
Sec.
575.
Section
230A.110,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
The
division
department
shall
recommend
and
the
commission
shall
adopt
standards
for
designated
community
mental
health
centers
and
comprehensive
community
mental
health
programs,
with
the
overall
objective
of
ensuring
that
each
center
and
each
affiliate
providing
services
under
contract
with
a
center
furnishes
high-quality
mental
health
services
within
a
framework
of
accountability
to
the
community
it
serves.
The
standards
adopted
shall
conform
with
federal
standards
applicable
to
community
mental
health
centers
and
shall
be
in
substantial
conformity
with
the
applicable
behavioral
health
standards
adopted
by
the
joint
commission,
formerly
known
as
the
joint
commission
on
accreditation
of
health
care
organizations,
or
other
recognized
national
standards
for
evaluation
of
psychiatric
facilities
unless
in
the
judgment
of
the
division
department
,
with
approval
of
the
commission,
there
are
sound
reasons
for
departing
from
the
standards.
Senate
File
514,
p.
336
2.
When
recommending
standards
under
this
section
,
the
division
department
shall
designate
an
advisory
committee
representing
boards
of
directors
and
professional
staff
of
designated
community
mental
health
centers
to
assist
in
the
formulation
or
revision
of
standards.
The
membership
of
the
advisory
committee
shall
include
representatives
of
professional
and
nonprofessional
staff
and
other
appropriate
individuals.
Sec.
576.
Section
230A.110,
subsection
3,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
Arrange
for
the
financial
condition
and
transactions
of
the
community
mental
health
center
to
be
audited
once
each
year
by
the
auditor
of
state.
However,
in
lieu
of
an
audit
by
the
auditor
of
state,
the
local
governing
body
of
a
community
mental
health
center
organized
under
this
chapter
may
contract
with
or
employ
certified
public
accountants
to
conduct
the
audit,
pursuant
to
the
applicable
terms
and
conditions
prescribed
by
sections
11.6
and
11.19
and
audit
format
prescribed
by
the
auditor
of
state.
Copies
of
each
audit
shall
be
furnished
by
the
auditor
or
accountant
to
the
administrator
of
the
division
of
mental
health
and
disability
services
department
.
Sec.
577.
Section
230A.111,
Code
2023,
is
amended
to
read
as
follows:
230A.111
Review
and
evaluation.
1.
The
review
and
evaluation
of
designated
centers
shall
be
performed
through
a
formal
accreditation
review
process
as
recommended
by
the
division
department
and
approved
by
the
commission.
The
accreditation
process
shall
include
all
of
the
following:
a.
Specific
time
intervals
for
full
accreditation
reviews
based
upon
levels
of
accreditation.
b.
Use
of
random
or
complaint-specific,
on-site
limited
accreditation
reviews
in
the
interim
between
full
accreditation
reviews,
as
a
quality
review
approach.
The
results
of
such
reviews
shall
be
presented
to
the
commission.
c.
Use
of
center
accreditation
self-assessment
tools
to
gather
data
regarding
quality
of
care
and
outcomes,
whether
used
during
full
or
limited
reviews
or
at
other
times.
2.
The
accreditation
process
shall
include
but
is
not
Senate
File
514,
p.
337
limited
to
addressing
all
of
the
following:
a.
Measures
to
address
centers
that
do
not
meet
standards,
including
authority
to
revoke
accreditation.
b.
Measures
to
address
noncompliant
centers
that
do
not
develop
a
corrective
action
plan
or
fail
to
implement
steps
included
in
a
corrective
action
plan
accepted
by
the
division
department
.
c.
Measures
to
appropriately
recognize
centers
that
successfully
complete
a
corrective
action
plan.
d.
Criteria
to
determine
when
a
center’s
accreditation
should
be
denied,
revoked,
suspended,
or
made
provisional.
Sec.
578.
Section
231.4,
subsection
1,
paragraphs
e
and
f,
Code
2023,
are
amended
to
read
as
follows:
e.
“Department”
means
the
department
on
aging
of
health
and
human
services
.
f.
“Director”
means
the
director
of
the
department
on
aging
health
and
human
services
.
Sec.
579.
Section
231.21,
Code
2023,
is
amended
to
read
as
follows:
231.21
Department
on
aging
Administration
of
chapter
——
department
of
health
and
human
services
.
An
Iowa
The
department
on
aging
is
established
which
of
health
and
human
services
shall
administer
this
chapter
under
the
policy
direction
of
the
commission
on
aging.
The
department
on
aging
shall
be
administered
by
a
director.
Sec.
580.
Section
231.23,
Code
2023,
is
amended
to
read
as
follows:
231.23
Department
on
aging
——
duties
and
authority.
The
department
on
aging
director
shall:
1.
Develop
and
administer
a
state
plan
on
aging.
2.
Assist
the
commission
in
the
review
and
approval
of
area
plans.
3.
Pursuant
to
commission
policy,
coordinate
state
activities
related
to
the
purposes
of
this
chapter
and
all
other
chapters
under
the
department’s
jurisdiction.
4.
Advocate
for
older
individuals
by
reviewing
and
commenting
upon
all
state
plans,
budgets,
laws,
rules,
regulations,
and
policies
which
affect
older
individuals
and
by
providing
technical
assistance
to
any
agency,
organization,
Senate
File
514,
p.
338
association,
or
individual
representing
the
needs
of
older
individuals.
5.
Assist
the
commission
in
dividing
the
state
into
distinct
planning
and
service
areas.
6.
Assist
the
commission
in
designating
for
each
area
a
public
or
private
nonprofit
agency
or
organization
as
the
area
agency
on
aging
for
that
area.
7.
Pursuant
to
commission
policy,
take
into
account
the
views
of
older
Iowans.
8.
Assist
the
commission
in
adopting
a
method
for
the
distribution
of
funds
available
from
the
federal
Act
and
state
appropriations
and
allocations.
9.
Assist
the
commission
in
assuring
that
preference
will
be
given
to
providing
services
to
older
individuals
with
the
greatest
economic
or
social
needs,
with
particular
attention
to
low-income
minority
older
individuals,
older
individuals
with
limited
English
proficiency,
and
older
individuals
residing
in
rural
areas.
10.
Assist
the
commission
in
developing,
adopting,
and
enforcing
administrative
rules,
by
issuing
necessary
forms
and
procedures.
11.
Apply
for,
receive,
and
administer
grants,
devises,
donations,
gifts,
or
bequests
of
real
or
personal
property
from
any
source
to
conduct
projects
consistent
with
the
purposes
of
the
department.
Notwithstanding
section
8.33
,
moneys
received
by
the
department
pursuant
to
this
section
are
not
subject
to
reversion
to
the
general
fund
of
the
state.
12.
Administer
state
authorized
programs.
13.
Establish
a
procedure
for
an
area
agency
on
aging
to
use
in
selection
of
members
of
the
agency’s
board
of
directors.
The
selection
procedure
shall
be
incorporated
into
the
bylaws
of
the
board
of
directors.
Sec.
581.
Section
231.23A,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
on
aging
shall
provide
or
administer,
but
is
not
limited
to
providing
or
administering,
all
of
the
following
programs
and
services:
Sec.
582.
Section
231.31,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
339
231.31
State
plan
on
aging.
The
department
on
aging
shall
develop,
and
submit
to
the
commission
on
aging
for
approval,
a
multiyear
state
plan
on
aging.
The
state
plan
on
aging
shall
meet
all
applicable
federal
requirements.
Sec.
583.
Section
231.32,
subsection
2,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
Any
public
or
nonprofit
private
agency
in
a
planning
and
service
area
or
any
separate
organizational
unit
within
such
agency
which
is
under
the
supervision
or
direction
for
this
purpose
of
the
department
on
aging
and
which
can
and
will
engage
only
in
the
planning
or
provision
of
a
broad
range
of
long-term
living
and
community
support
services
or
nutrition
services
within
the
planning
and
service
area.
Sec.
584.
Section
231.42,
subsection
4,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
If
abuse,
neglect,
or
exploitation
of
a
resident
or
tenant
is
suspected,
the
state
or
a
local
long-term
care
ombudsman
shall,
with
the
permission
of
the
resident
or
tenant
as
applicable
under
federal
law,
make
an
immediate
referral
to
the
department
of
inspections
and
appeals,
the
department
of
health
and
human
services,
the
department
on
aging,
or
the
appropriate
law
enforcement
agency,
as
applicable.
Sec.
585.
Section
231.58,
Code
2023,
is
amended
to
read
as
follows:
231.58
Long-term
living
coordination.
The
director
may
convene
meetings,
as
necessary,
of
the
director
and
the
directors
of
human
services,
public
health,
and
director
of
inspections
and
appeals,
to
assist
in
the
coordination
of
policy,
service
delivery,
and
long-range
planning
relating
to
the
long-term
living
system
and
older
Iowans
in
the
state.
The
group
may
consult
with
individuals,
institutions
and
entities
with
expertise
in
the
area
of
the
long-term
living
system
and
older
Iowans,
as
necessary,
to
facilitate
the
group’s
efforts.
Sec.
586.
Section
231C.5,
subsection
2,
paragraph
b,
subparagraph
(2),
subparagraph
division
(c),
Code
2023,
is
amended
to
read
as
follows:
(c)
Contact
information
for
the
department
of
health
and
Senate
File
514,
p.
340
human
services
and
the
senior
health
insurance
information
program
to
assist
tenants
in
accessing
third-party
payment
sources.
Sec.
587.
Section
231C.5A,
Code
2023,
is
amended
to
read
as
follows:
231C.5A
Assessment
of
tenants
——
program
eligibility.
An
assisted
living
program
receiving
reimbursement
through
the
medical
assistance
program
under
chapter
249A
shall
assist
the
department
of
veterans
affairs
in
identifying,
upon
admission
of
a
tenant,
the
tenant’s
eligibility
for
benefits
through
the
United
States
department
of
veterans
affairs.
The
assisted
living
program
shall
also
assist
the
commission
of
veterans
affairs
in
determining
such
eligibility
for
tenants
residing
in
the
program
on
July
1,
2009.
The
department
of
inspections
and
appeals,
in
cooperation
with
the
department
of
health
and
human
services,
shall
adopt
rules
to
administer
this
section
,
including
a
provision
that
ensures
that
if
a
tenant
is
eligible
for
benefits
through
the
United
States
department
of
veterans
affairs
or
other
third-party
payor,
the
payor
of
last
resort
for
reimbursement
to
the
assisted
living
program
is
the
medical
assistance
program.
The
rules
shall
also
require
the
assisted
living
program
to
request
information
from
a
tenant
or
tenant’s
personal
representative
regarding
the
tenant’s
veteran
status
and
to
report
to
the
department
of
veterans
affairs
only
the
names
of
tenants
identified
as
potential
veterans
along
with
the
names
of
their
spouses
and
any
dependents.
Information
reported
by
the
assisted
living
program
shall
be
verified
by
the
department
of
veterans
affairs.
Sec.
588.
Section
231E.3,
subsections
5
and
6,
Code
2023,
are
amended
to
read
as
follows:
5.
“Department”
means
the
department
on
aging
established
in
section
231.21
of
health
and
human
services
.
6.
“Director”
means
the
director
of
the
department
on
aging
health
and
human
services
.
Sec.
589.
Section
231E.4,
subsection
3,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
Work
with
the
department
of
human
services,
the
Iowa
department
of
public
health,
the
Iowa
developmental
disabilities
council
,
and
other
agencies
to
establish
Senate
File
514,
p.
341
a
referral
system
for
the
provision
of
guardianship,
conservatorship,
and
representative
payee
services.
Sec.
590.
Section
232.2,
subsections
14
and
18,
Code
2023,
are
amended
to
read
as
follows:
14.
“Department”
means
the
department
of
health
and
human
services
and
includes
the
local
,
and
county
,
and
service
area
officers
of
the
department.
18.
“Director”
means
the
director
of
the
department
of
health
and
human
services
or
that
person’s
the
director’s
designee.
Sec.
591.
Section
232.11,
subsections
3,
4,
and
5,
Code
2023,
are
amended
to
read
as
follows:
3.
If
the
child
is
not
represented
by
counsel
as
required
under
subsection
1
,
counsel
shall
be
provided
as
follows:
a.
If
the
court
determines,
after
giving
the
child’s
parent,
guardian
,
or
custodian
an
opportunity
to
be
heard,
that
such
person
has
the
ability
in
whole
or
in
part
to
pay
for
the
employment
of
counsel,
it
shall
either
order
that
person
to
retain
an
attorney
to
represent
the
child
or
shall
appoint
counsel
for
the
child
and
order
the
parent,
guardian
,
or
custodian
to
pay
for
that
counsel
as
provided
in
subsection
5
.
b.
If
the
court
determines
that
the
parent,
guardian,
or
custodian
cannot
pay
any
part
of
the
expenses
of
counsel
to
represent
the
child,
it
shall
appoint
counsel,
who
shall
be
reimbursed
according
to
section
232.141,
subsection
2
,
paragraph
“b”
.
c.
The
court
may
appoint
counsel
to
represent
the
child
and
reserve
the
determination
of
payment
until
the
parent,
guardian
,
or
custodian
has
an
opportunity
to
be
heard.
4.
If
the
child
is
represented
by
counsel
and
the
court
determines
that
there
is
a
conflict
of
interest
between
the
child
and
the
child’s
parent,
guardian
,
or
custodian
and
that
the
retained
counsel
could
not
properly
represent
the
child
as
a
result
of
the
conflict,
the
court
shall
appoint
other
counsel
to
represent
the
child
and
order
the
parent,
guardian
,
or
custodian
to
pay
for
such
counsel
as
provided
in
subsection
5
.
5.
If
the
court
determines,
after
an
inquiry
which
includes
notice
and
reasonable
opportunity
to
be
heard
that
the
parent,
guardian
,
or
custodian
has
the
ability
to
pay
in
whole
or
Senate
File
514,
p.
342
in
part
for
the
attorney
appointed
for
the
child,
the
court
may
order
that
person
to
pay
such
sums
as
the
court
finds
appropriate
in
the
manner
and
to
whom
the
court
directs.
If
the
person
so
ordered
fails
to
comply
with
the
order
without
good
reason,
the
court
shall
enter
judgment
against
the
person.
Sec.
592.
Section
232.21,
subsection
2,
paragraph
a,
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
(3)
An
institution
or
other
facility
operated
by
the
department
of
human
services
,
or
one
which
is
licensed
or
otherwise
authorized
by
law
to
receive
and
provide
care
for
the
child.
Sec.
593.
Section
232.22,
subsection
5,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
court
determines
that
an
acceptable
alternative
placement
does
not
exist
pursuant
to
criteria
developed
by
the
department
of
human
services
.
Sec.
594.
Section
232.28,
subsections
3,
4,
and
5,
Code
2023,
are
amended
to
read
as
follows:
3.
In
the
course
of
a
preliminary
inquiry,
the
intake
officer
may:
a.
Interview
the
complainant,
victim
,
or
witnesses
of
the
alleged
delinquent
act.
b.
Check
existing
records
of
the
court,
law
enforcement
agencies,
public
records
of
other
agencies,
and
child
abuse
records
as
provided
in
section
235A.15,
subsection
2
,
paragraph
“e”
.
c.
Hold
conferences
with
the
child
and
the
child’s
parent
or
parents,
guardian
,
or
custodian
for
the
purpose
of
interviewing
them
and
discussing
the
disposition
of
the
complaint
in
accordance
with
the
requirements
set
forth
in
subsection
8
.
d.
Examine
any
physical
evidence
pertinent
to
the
complaint.
e.
Interview
such
persons
as
are
necessary
to
determine
whether
the
filing
of
a
petition
would
be
in
the
best
interests
of
the
child
and
the
community
as
provided
in
section
232.35,
subsections
2
and
3
.
4.
Any
additional
inquiries
may
be
made
only
with
the
consent
of
the
child
and
the
child’s
parent
or
parents,
guardian
,
or
custodian.
5.
Participation
of
the
child
and
the
child’s
parent
or
Senate
File
514,
p.
343
parents,
guardian
,
or
custodian
in
a
conference
with
an
intake
officer
shall
be
voluntary,
and
they
shall
have
the
right
to
refuse
to
participate
in
such
conference.
At
such
conference
the
child
shall
have
the
right
to
the
assistance
of
counsel
in
accordance
with
section
232.11
and
the
right
to
remain
silent
when
questioned
by
the
intake
officer.
Sec.
595.
Section
232.29,
subsection
1,
paragraphs
b,
d,
and
g,
Code
2023,
are
amended
to
read
as
follows:
b.
The
intake
officer
shall
advise
the
child
and
the
child’s
parent,
guardian
,
or
custodian
that
they
have
the
right
to
refuse
an
informal
adjustment
of
the
complaint
and
demand
the
filing
of
a
petition
and
a
formal
adjudication.
d.
The
terms
of
such
agreement
shall
be
clearly
stated
in
writing
and
signed
by
all
parties
to
the
agreement
and
a
copy
of
this
agreement
shall
be
given
to
the
child;
the
counsel
for
the
child;
the
parent,
guardian
,
or
custodian;
and
the
intake
officer,
who
shall
retain
the
copy
in
the
case
file.
g.
The
child
and
the
child’s
parent,
guardian
,
or
custodian
shall
have
the
right
to
terminate
such
agreement
at
any
time
and
to
request
the
filing
of
a
petition
and
a
formal
adjudication.
Sec.
596.
Section
232.38,
Code
2023,
is
amended
to
read
as
follows:
232.38
Presence
of
parents
at
hearings.
1.
Any
hearings
or
proceedings
under
this
subchapter
subsequent
to
the
filing
of
a
petition
shall
not
take
place
without
the
presence
of
one
or
both
of
the
child’s
parents,
guardian
,
or
custodian
except
that
a
hearing
or
proceeding
may
take
place
without
such
presence
if
the
parent,
guardian
,
or
custodian
fails
to
appear
after
reasonable
notification,
or
if
the
court
finds
that
a
reasonably
diligent
effort
has
been
made
to
notify
the
child’s
parent,
guardian,
or
custodian,
and
the
effort
was
unavailing.
2.
In
any
such
hearings
or
proceedings
the
court
may
temporarily
excuse
the
presence
of
the
parent,
guardian
,
or
custodian
when
the
court
deems
it
in
the
best
interests
of
the
child.
Counsel
for
the
parent,
guardian
,
or
custodian
shall
have
the
right
to
participate
in
a
hearing
or
proceeding
during
the
absence
of
the
parent,
guardian
,
or
custodian.
Sec.
597.
Section
232.43,
subsection
2,
Code
2023,
is
Senate
File
514,
p.
344
amended
to
read
as
follows:
2.
The
county
attorney
and
the
child’s
counsel
may
mutually
consider
a
plea
agreement
which
contemplates
entry
of
a
plea
admitting
the
allegations
of
the
petition
in
the
expectation
that
other
charges
will
be
dismissed
or
not
filed
or
that
a
specific
disposition
will
be
recommended
by
the
county
attorney
and
granted
by
the
court.
Any
plea
discussion
shall
be
open
to
the
child
and
the
child’s
parent,
guardian
,
or
custodian.
Sec.
598.
Section
232.44,
subsection
5,
paragraph
b,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
Place
the
child
in
the
custody
of
a
parent,
guardian
,
or
custodian
under
that
person’s
supervision,
or
under
the
supervision
of
an
organization
which
agrees
to
supervise
the
child.
Sec.
599.
Section
232.44,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
If
a
child
held
in
shelter
care
or
detention
by
court
order
has
not
been
released
after
a
detention
hearing
or
has
not
appeared
at
an
adjudicatory
hearing
before
the
expiration
of
the
order
of
detention,
an
additional
hearing
shall
automatically
be
scheduled
for
the
next
court
day
following
the
expiration
of
the
order.
The
child,
the
child’s
counsel,
the
child’s
guardian
ad
litem,
and
the
child’s
parent,
guardian
,
or
custodian
shall
be
notified
of
this
hearing
not
less
than
twenty-four
hours
before
the
hearing
is
scheduled
to
take
place.
The
hearing
required
by
this
subsection
may
be
held
by
telephone
conference
call.
Sec.
600.
Section
232.46,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
A
child’s
need
for
shelter
placement
or
for
inpatient
mental
health
or
substance
abuse
use
disorder
treatment
does
not
preclude
entry
or
continued
execution
of
a
consent
decree.
Sec.
601.
Section
232.46,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
A
consent
decree
shall
not
be
entered
unless
the
child
and
the
child’s
parent,
guardian
,
or
custodian
is
informed
of
the
consequences
of
the
decree
by
the
court
and
the
court
determines
that
the
child
has
voluntarily
and
intelligently
agreed
to
the
terms
and
conditions
of
the
decree.
If
the
county
Senate
File
514,
p.
345
attorney
objects
to
the
entry
of
a
consent
decree,
the
court
shall
proceed
to
determine
the
appropriateness
of
entering
a
consent
decree
after
consideration
of
any
objections
or
reasons
for
entering
such
a
decree.
Sec.
602.
Section
232.52,
subsection
2,
paragraph
d,
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
(3)
The
department
of
human
services
for
purposes
of
foster
care
and
prescribing
the
type
of
placement
which
will
serve
the
best
interests
of
the
child
and
the
means
by
which
the
placement
shall
be
monitored
by
the
court.
The
court
shall
consider
ordering
placement
in
family
foster
care
as
an
alternative
to
group
foster
care.
Sec.
603.
Section
232.52,
subsection
2,
paragraph
e,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
An
order
transferring
the
custody
of
the
child,
subject
to
the
continuing
jurisdiction
and
custody
of
the
court
for
the
purposes
of
section
232.54
,
to
the
director
of
the
department
of
human
services
for
purposes
of
placement
in
the
state
training
school
or
other
facility,
provided
that
the
child
is
at
least
twelve
years
of
age
and
the
court
finds
the
placement
to
be
in
the
best
interests
of
the
child
or
necessary
for
the
protection
of
the
public,
and
that
the
child
has
been
found
to
have
committed
an
act
which
is
a
forcible
felony,
as
defined
in
section
702.11
,
or
a
felony
violation
of
section
124.401
or
chapter
707
,
or
the
court
finds
any
three
of
the
following
conditions
exist:
Sec.
604.
Section
232.52,
subsections
6,
8,
and
9,
Code
2023,
are
amended
to
read
as
follows:
6.
If
the
court
orders
the
transfer
of
custody
of
the
child
to
the
department
of
human
services
or
other
agency
for
placement,
the
department
or
agency
responsible
for
the
placement
of
the
child
shall
submit
a
case
permanency
plan
to
the
court
and
shall
make
every
effort
to
return
the
child
to
the
child’s
home
as
quickly
as
possible.
8.
If
the
court
orders
the
transfer
of
the
custody
of
the
child
to
the
department
of
human
services
or
to
another
agency
for
placement
in
group
foster
care,
the
department
or
agency
shall
make
every
reasonable
effort
to
place
the
child
in
the
Senate
File
514,
p.
346
least
restrictive,
most
family-like,
and
most
appropriate
setting
available
and
in
close
proximity
to
the
parents’
home,
consistent
with
the
child’s
best
interests
and
special
needs,
and
shall
consider
the
placement’s
proximity
to
the
school
in
which
the
child
is
enrolled
at
the
time
of
placement.
9.
If
a
child
has
previously
been
adjudicated
as
a
child
in
need
of
assistance,
and
a
social
worker
or
other
caseworker
from
the
department
of
human
services
has
been
assigned
to
work
on
the
child’s
case,
the
court
may
order
the
department
of
human
services
to
assign
the
same
social
worker
or
caseworker
to
work
on
any
matters
related
to
the
child
arising
under
this
subchapter
.
Sec.
605.
Section
232.52,
subsection
10,
paragraph
a,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Upon
receipt
of
an
application
from
the
director
of
the
department
of
human
services
,
the
court
shall
enter
an
order
to
temporarily
transfer
a
child
who
has
been
placed
in
the
state
training
school
pursuant
to
subsection
2
,
paragraph
“e”
,
to
a
facility
which
has
been
designated
to
be
an
alternative
placement
site
for
the
state
training
school,
provided
the
court
finds
that
all
of
the
following
conditions
exist:
Sec.
606.
Section
232.68,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
“Department”
means
the
state
department
of
health
and
human
services
and
includes
the
local
,
and
county
,
and
service
area
offices
of
the
department.
Sec.
607.
Section
232.69,
subsection
1,
paragraph
b,
subparagraphs
(6)
and
(7),
Code
2023,
are
amended
to
read
as
follows:
(6)
An
employee
or
operator
of
a
substance
abuse
use
disorder
program
or
facility
licensed
under
chapter
125
.
(7)
An
employee
of
a
department
of
human
services
institution
listed
in
section
218.1
.
Sec.
608.
Section
232.70,
subsections
3,
5,
and
6,
Code
2023,
are
amended
to
read
as
follows:
3.
The
oral
report
shall
be
made
by
telephone
or
otherwise
to
the
department
of
human
services
.
If
the
person
making
the
report
has
reason
to
believe
that
immediate
protection
for
the
Senate
File
514,
p.
347
child
is
advisable,
that
person
shall
also
make
an
oral
report
to
an
appropriate
law
enforcement
agency.
5.
The
oral
and
written
reports
shall
contain
the
following
information,
or
as
much
thereof
of
the
following
information
as
the
person
making
the
report
is
able
to
furnish:
a.
The
names
and
home
address
of
the
child
and
the
child’s
parents
or
other
persons
believed
to
be
responsible
for
the
child’s
care
;
.
b.
The
child’s
present
whereabouts
if
not
the
same
as
the
parent’s
or
other
person’s
home
address
;
.
c.
The
child’s
age
;
.
d.
The
nature
and
extent
of
the
child’s
injuries,
including
any
evidence
of
previous
injuries
;
.
e.
The
name,
age
and
condition
of
other
children
in
the
same
home
;
.
f.
Any
other
information
which
the
person
making
the
report
believes
might
be
helpful
in
establishing
the
cause
of
the
injury
to
the
child,
the
identity
of
the
person
or
persons
responsible
for
the
injury,
or
in
providing
assistance
to
the
child
;
and
.
g.
The
name
and
address
of
the
person
making
the
report.
6.
A
report
made
by
a
permissive
reporter,
as
defined
in
section
232.69,
subsection
2
,
shall
be
regarded
as
a
report
pursuant
to
this
chapter
whether
or
not
the
report
contains
all
of
the
information
required
by
this
section
and
may
be
made
to
the
department
of
human
services
,
county
attorney,
or
law
enforcement
agency.
If
the
report
is
made
to
any
agency
other
than
the
department
of
human
services
,
such
agency
shall
promptly
refer
the
report
to
the
department
of
human
services
.
Sec.
609.
Section
232.72,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
For
the
purposes
of
this
subchapter
,
the
terms
“department
of
health
and
human
services”
,
“department”
,
or
“county
attorney”
ordinarily
refer
to
the
service
area
or
local
office
of
the
department
of
human
services
or
of
the
county
attorney’s
office
serving
the
county
in
which
the
child’s
home
is
located.
2.
If
the
person
making
a
report
of
child
abuse
pursuant
to
this
chapter
does
not
know
where
the
child’s
home
is
located,
Senate
File
514,
p.
348
or
if
the
child’s
home
is
not
located
in
the
service
area
where
the
health
practitioner
examines,
attends,
or
treats
the
child,
the
report
may
be
made
to
the
department
or
to
the
local
office
serving
the
county
where
the
person
making
the
report
resides
or
the
county
where
the
health
practitioner
examines,
attends,
or
treats
the
child.
These
agencies
shall
promptly
proceed
as
provided
in
section
232.71B
,
unless
the
matter
is
transferred
as
provided
in
this
section
.
Sec.
610.
Section
232.75,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
A
person
who
reports
or
causes
to
be
reported
to
the
department
of
human
services
false
information
regarding
an
alleged
act
of
child
abuse,
knowing
that
the
information
is
false
or
that
the
act
did
not
occur,
commits
a
simple
misdemeanor.
Sec.
611.
Section
232.78,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
juvenile
court
may
enter
an
order
authorizing
a
physician
or
physician
assistant
or
hospital
to
provide
emergency
medical
or
surgical
procedures
before
the
filing
of
a
petition
under
this
chapter
provided
all
of
the
following
conditions
are
met
:
a.
Such
procedures
are
necessary
to
safeguard
the
life
and
health
of
the
child
;
and
.
b.
There
is
not
enough
time
to
file
a
petition
under
this
chapter
and
hold
a
hearing
as
provided
in
section
232.95
.
Sec.
612.
Section
232.79,
subsection
4,
paragraphs
a
and
b,
Code
2023,
are
amended
to
read
as
follows:
a.
When
the
court
is
informed
that
there
has
been
an
emergency
removal
or
keeping
of
a
child
without
a
court
order,
the
court
shall
direct
the
department
of
human
services
or
the
juvenile
probation
department
to
make
every
reasonable
effort
to
communicate
immediately
with
the
child’s
parent
or
parents
or
other
person
legally
responsible
for
the
child’s
care.
Upon
locating
the
child’s
parent
or
parents
or
other
person
legally
responsible
for
the
child’s
care,
the
department
of
human
services
or
the
juvenile
probation
department
shall,
in
accordance
with
court-established
procedures,
immediately
orally
inform
the
court.
After
orally
informing
the
court,
Senate
File
514,
p.
349
the
department
of
human
services
or
the
juvenile
probation
department
shall
provide
to
the
court
written
documentation
of
the
oral
information.
b.
The
court
shall
authorize
the
department
of
human
services
or
the
juvenile
probation
department
to
cause
a
child
thus
removed
or
kept
to
be
returned
if
it
concludes
there
is
not
an
imminent
risk
to
the
child’s
life
and
health
in
so
doing.
If
the
department
of
human
services
or
the
juvenile
probation
department
receives
information
which
could
affect
the
court’s
decision
regarding
the
child’s
return,
the
department
of
human
services
or
the
juvenile
probation
department,
in
accordance
with
court
established
procedures,
shall
immediately
orally
provide
the
information
to
the
court.
After
orally
providing
the
information
to
the
court,
the
department
of
human
services
or
the
juvenile
probation
department
shall
provide
to
the
court
written
documentation
of
the
oral
information.
If
the
child
is
not
returned,
the
department
of
human
services
or
the
juvenile
probation
department
shall
forthwith
cause
a
petition
to
be
filed
within
three
days
after
the
removal.
Sec.
613.
Section
232.81,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Upon
receipt
of
a
complaint,
the
court
may
request
the
department
of
human
services
,
juvenile
probation
office,
or
other
authorized
agency
or
individual
to
conduct
a
preliminary
investigation
of
the
complaint
to
determine
if
further
action
should
be
taken.
Sec.
614.
Section
232.82,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
If
an
order
is
entered
under
subsection
1
and
a
petition
has
not
yet
been
filed
under
this
chapter
,
the
petition
shall
be
filed
under
section
232.87
by
the
county
attorney,
the
department
of
human
services
,
or
a
juvenile
court
officer
within
three
days
of
the
entering
of
the
order.
Sec.
615.
Section
232.87,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
A
petition
may
be
filed
by
the
department
of
human
services
,
juvenile
court
officer,
or
county
attorney.
Sec.
616.
Section
232.89,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
350
3.
The
court
shall
determine,
after
giving
the
parent,
guardian,
or
custodian
an
opportunity
to
be
heard,
whether
the
person
has
the
ability
to
pay
in
whole
or
in
part
for
counsel
appointed
for
the
child.
If
the
court
determines
that
the
person
possesses
sufficient
financial
ability,
the
court
shall
then
consult
with
the
department
of
human
services
,
the
juvenile
probation
office,
or
other
authorized
agency
or
individual
regarding
the
likelihood
of
impairment
of
the
relationship
between
the
child
and
the
child’s
parent,
guardian,
or
custodian
as
a
result
of
ordering
the
parent,
guardian,
or
custodian
to
pay
for
the
child’s
counsel.
If
impairment
is
deemed
unlikely,
the
court
shall
order
that
person
to
pay
an
amount
the
court
finds
appropriate
in
the
manner
and
to
whom
the
court
directs.
If
the
person
fails
to
comply
with
the
order
without
good
reason,
the
court
shall
enter
judgment
against
the
person.
If
impairment
is
deemed
likely
or
if
the
court
determines
that
the
parent,
guardian,
or
custodian
cannot
pay
any
part
of
the
expenses
of
counsel
appointed
to
represent
the
child,
counsel
shall
be
reimbursed
pursuant
to
section
232.141,
subsection
2
,
paragraph
“b”
.
Sec.
617.
Section
232.96,
subsections
4
and
6,
Code
2023,
are
amended
to
read
as
follows:
4.
A
report
made
to
the
department
of
human
services
pursuant
to
chapter
235A
shall
be
admissible
in
evidence,
but
such
a
report
shall
not
alone
be
sufficient
to
support
a
finding
that
the
child
is
a
child
in
need
of
assistance
unless
the
attorneys
for
the
child
and
the
parents
consent
to
such
a
finding.
6.
A
report,
study,
record,
or
other
writing
or
an
audiotape
or
videotape
recording
made
by
the
department
of
human
services
,
a
juvenile
court
officer,
a
peace
officer,
a
child
protection
center,
or
a
hospital
relating
to
a
child
in
a
proceeding
under
this
subchapter
is
admissible
notwithstanding
any
objection
to
hearsay
statements
contained
in
it
provided
it
is
relevant
and
material
and
provided
its
probative
value
substantially
outweighs
the
danger
of
unfair
prejudice
to
the
child’s
parent,
guardian,
or
custodian.
The
circumstances
of
the
making
of
the
report,
study,
record
or
other
writing
or
an
audiotape
or
videotape
recording,
including
the
maker’s
lack
of
personal
Senate
File
514,
p.
351
knowledge,
may
be
proved
to
affect
its
weight.
Sec.
618.
Section
232.97,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
court
shall
not
make
a
disposition
of
the
petition
until
five
working
days
after
a
social
report
has
been
submitted
to
the
court
and
counsel
for
the
child
and
has
been
considered
by
the
court.
The
court
may
waive
the
five-day
requirement
upon
agreement
by
all
the
parties.
The
court
may
direct
either
the
juvenile
court
officer
or
the
department
of
human
services
or
any
other
agency
licensed
by
the
state
to
conduct
a
social
investigation
and
to
prepare
a
social
report
which
may
include
any
evidence
provided
by
an
individual
providing
foster
care
for
the
child.
A
report
prepared
shall
include
any
founded
reports
of
child
abuse.
Sec.
619.
Section
232.98,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Following
an
adjudication
that
a
child
is
a
child
in
need
of
assistance,
the
court
may
after
a
hearing
order
the
physical
or
mental
examination
of
the
parent,
guardian
,
or
custodian
if
that
person’s
ability
to
care
for
the
child
is
at
issue.
Sec.
620.
Section
232.100,
Code
2023,
is
amended
to
read
as
follows:
232.100
Suspended
judgment.
After
the
dispositional
hearing
the
court
may
enter
an
order
suspending
judgment
and
continuing
the
proceedings
subject
to
terms
and
conditions
imposed
to
assure
the
proper
care
and
protection
of
the
child.
Such
terms
and
conditions
may
include
the
supervision
of
the
child
and
of
the
parent,
guardian
,
or
custodian
by
the
department
of
human
services
,
juvenile
court
office
,
or
other
appropriate
agency
designated
by
the
court.
The
maximum
duration
of
any
term
or
condition
of
a
suspended
judgment
shall
be
twelve
months
unless
the
court
finds
at
a
hearing
held
during
the
last
month
of
that
period
that
exceptional
circumstances
require
an
extension
of
the
term
or
condition
for
an
additional
six
months.
Sec.
621.
Section
232.101,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
After
the
dispositional
hearing,
the
court
may
enter
an
order
permitting
the
child’s
parent,
guardian
,
or
custodian
at
Senate
File
514,
p.
352
the
time
of
the
filing
of
the
petition
to
retain
custody
of
the
child
subject
to
terms
and
conditions
which
the
court
prescribes
to
assure
the
proper
care
and
protection
of
the
child.
Such
terms
and
conditions
may
include
supervision
of
the
child
and
the
parent,
guardian
,
or
custodian
by
the
department
of
human
services
,
juvenile
court
office
,
or
other
appropriate
agency
which
the
court
designates.
Such
terms
and
conditions
may
also
include
the
provision
or
acceptance
by
the
parent,
guardian
,
or
custodian
of
special
treatment
or
care
which
the
child
needs
for
the
child’s
physical
or
mental
health.
If
the
parent,
guardian
,
or
custodian
fails
to
provide
the
treatment
or
care,
the
court
may
order
the
department
of
human
services
or
some
other
appropriate
state
agency
to
provide
such
care
or
treatment.
Sec.
622.
Section
232.102,
subsections
4
and
6,
Code
2023,
are
amended
to
read
as
follows:
4.
a.
Whenever
possible
the
court
should
permit
the
child
to
remain
at
home
with
the
child’s
parent,
guardian,
or
custodian.
Custody
of
the
child
should
not
be
transferred
unless
the
court
finds
there
is
clear
and
convincing
evidence
that
of
any
of
the
following
:
(1)
The
child
cannot
be
protected
from
physical
abuse
without
transfer
of
custody
;
or
.
(2)
The
child
cannot
be
protected
from
some
harm
which
would
justify
the
adjudication
of
the
child
as
a
child
in
need
of
assistance
and
an
adequate
placement
is
available.
b.
In
order
to
transfer
custody
of
the
child
under
this
subsection
,
the
court
must
make
a
determination
that
continuation
of
the
child
in
the
child’s
home
would
be
contrary
to
the
welfare
of
the
child,
and
shall
identify
the
reasonable
efforts
that
have
been
made.
The
court’s
determination
regarding
continuation
of
the
child
in
the
child’s
home,
and
regarding
reasonable
efforts,
including
those
made
to
prevent
removal
and
those
made
to
finalize
any
permanency
plan
in
effect,
as
well
as
any
determination
by
the
court
that
reasonable
efforts
are
not
required,
must
be
made
on
a
case-by-case
basis.
The
grounds
for
each
determination
must
be
explicitly
documented
and
stated
in
the
court
order.
However,
preserving
the
safety
of
the
child
is
the
paramount
consideration.
If
imminent
danger
to
the
child’s
life
or
Senate
File
514,
p.
353
health
exists
at
the
time
of
the
court’s
consideration,
the
determinations
otherwise
required
under
this
paragraph
shall
not
be
a
prerequisite
for
an
order
for
removal
of
the
child.
If
the
court
transfers
custody
of
the
child,
unless
the
court
waives
the
requirement
for
making
reasonable
efforts
or
otherwise
makes
a
determination
that
reasonable
efforts
are
not
required,
reasonable
efforts
shall
be
made
to
make
it
possible
for
the
child
to
safely
return
to
the
family’s
home.
6.
In
any
order
transferring
custody
to
the
department
or
an
agency,
or
in
orders
pursuant
to
a
custody
order,
the
court
shall
specify
the
nature
and
category
of
disposition
which
will
serve
the
best
interests
of
the
child,
and
shall
prescribe
the
means
by
which
the
placement
shall
be
monitored
by
the
court.
If
the
court
orders
the
transfer
of
the
custody
of
the
child
to
the
department
of
human
services
or
other
agency
for
placement,
the
department
or
agency
shall
submit
a
case
permanency
plan
to
the
court
and
shall
make
every
reasonable
effort
to
return
the
child
to
the
child’s
home
as
quickly
as
possible
consistent
with
the
best
interests
of
the
child.
When
the
child
is
not
returned
to
the
child’s
home
and
if
the
child
has
been
previously
placed
in
a
licensed
foster
care
facility,
the
department
or
agency
shall
consider
placing
the
child
in
the
same
licensed
foster
care
facility.
If
the
court
orders
the
transfer
of
custody
to
a
parent
who
does
not
have
physical
care
of
the
child,
other
relative,
or
other
suitable
person,
the
court
may
direct
the
department
or
other
agency
to
provide
services
to
the
child’s
parent,
guardian,
or
custodian
in
order
to
enable
them
to
resume
custody
of
the
child.
If
the
court
orders
the
transfer
of
custody
to
the
department
of
human
services
or
to
another
agency
for
placement
in
group
foster
care,
the
department
or
agency
shall
make
every
reasonable
effort
to
place
the
child
in
the
least
restrictive,
most
family-like,
and
most
appropriate
setting
available,
and
in
close
proximity
to
the
parents’
home,
consistent
with
the
child’s
best
interests
and
special
needs,
and
shall
consider
the
placement’s
proximity
to
the
school
in
which
the
child
is
enrolled
at
the
time
of
placement.
Sec.
623.
Section
232.103A,
subsections
3
and
5,
Code
2023,
are
amended
to
read
as
follows:
3.
The
juvenile
court
shall
designate
the
petitioner
and
Senate
File
514,
p.
354
respondent
for
the
purposes
of
the
bridge
order.
A
bridge
order
shall
only
address
matters
of
custody,
physical
care,
and
visitation.
All
other
matters,
including
child
support,
shall
be
filed
by
separate
petition
or
by
action
of
the
child
support
recovery
unit
services
,
and
shall
be
subject
to
existing
applicable
statutory
provisions.
5.
The
district
court
shall
take
judicial
notice
of
the
juvenile
file
in
any
hearing
related
to
the
case.
Records
contained
in
the
district
court
case
file
that
were
copied
or
transferred
from
the
juvenile
court
file
concerning
the
case
shall
be
subject
to
section
232.147
and
other
confidentiality
provisions
of
this
chapter
for
cases
not
involving
juvenile
delinquency,
and
shall
be
disclosed,
upon
request,
to
the
child
support
recovery
unit
services
without
a
court
order.
Sec.
624.
Section
232.111,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
child’s
guardian,
guardian
ad
litem,
or
custodian,
the
department
of
human
services
,
a
juvenile
court
officer,
or
the
county
attorney
may
file
a
petition
for
termination
of
the
parent-child
relationship
and
parental
rights
with
respect
to
a
child.
Sec.
625.
Section
232.116,
subsection
1,
paragraph
l,
Code
2023,
is
amended
to
read
as
follows:
l.
The
court
finds
that
all
of
the
following
have
occurred:
(1)
The
child
has
been
adjudicated
a
child
in
need
of
assistance
pursuant
to
section
232.96
and
custody
has
been
transferred
from
the
child’s
parents
for
placement
pursuant
to
section
232.102
.
(2)
The
parent
has
a
severe
substance-related
substance
use
disorder
as
described
by
either
of
the
following:
(a)
The
severe
substance-related
substance
use
disorder
meets
the
definition
for
that
term
as
defined
in
the
most
current
edition
of
the
diagnostic
and
statistical
manual
prepared
by
the
American
psychiatric
association,
and
the
parent
presents
a
danger
to
self
or
others
as
evidenced
by
prior
acts.
(b)
The
disorder
is
evidenced
by
continued
and
repeated
use
through
the
case,
the
parent’s
refusal
to
obtain
a
substance
abuse
use
disorder
evaluation
or
treatment
after
given
the
Senate
File
514,
p.
355
opportunity
to
do
so,
and
the
parent
presents
a
danger
to
self
or
others
as
evidenced
by
prior
acts.
(3)
There
is
clear
and
convincing
evidence
that
the
parent’s
prognosis
indicates
that
the
child
will
not
be
able
to
be
returned
to
the
custody
of
the
parent
within
a
reasonable
period
of
time
considering
the
child’s
age
and
need
for
a
permanent
home.
Sec.
626.
Section
232.142,
Code
2023,
is
amended
to
read
as
follows:
232.142
Maintenance
and
cost
of
juvenile
homes
——
fund.
1.
County
boards
of
supervisors
which
singly
or
in
conjunction
with
one
or
more
other
counties
provide
and
maintain
juvenile
detention
and
juvenile
shelter
care
homes
are
subject
to
this
section
.
2.
For
the
purpose
of
providing
and
maintaining
a
county
or
multicounty
home,
the
board
of
supervisors
of
any
county
may
issue
general
county
purpose
bonds
in
accordance
with
sections
331.441
through
331.449
.
Expenses
for
providing
and
maintaining
a
multicounty
home
shall
be
paid
by
the
counties
participating
in
a
manner
to
be
determined
by
the
boards
of
supervisors.
3.
A
county
or
multicounty
juvenile
detention
home
approved
pursuant
to
this
section
shall
receive
financial
aid
from
the
state
in
a
manner
approved
by
the
director
,
the
director
of
the
department
of
human
rights,
or
a
designee
of
the
director
of
the
department
of
human
rights
.
Aid
paid
by
the
state
shall
be
at
least
ten
percent
and
not
more
than
fifty
percent
of
the
total
cost
of
the
establishment,
improvements,
operation,
and
maintenance
of
the
home.
This
subsection
is
repealed
July
1,
2023.
4.
The
director
,
the
director
of
the
department
of
human
rights,
or
a
designee
of
the
director
of
the
department
of
human
rights
shall
adopt
minimal
rules
and
standards
for
the
establishment,
maintenance,
and
operation
of
such
homes
as
shall
be
necessary
to
effect
the
purposes
of
this
chapter
.
The
rules
shall
apply
the
requirements
of
section
237.8
,
concerning
employment
and
evaluation
of
persons
with
direct
responsibility
for
a
child
or
with
access
to
a
child
when
the
child
is
alone
and
persons
residing
in
a
child
foster
care
facility,
Senate
File
514,
p.
356
to
persons
employed
by,
residing
in,
or
volunteering
for
a
home
approved
under
this
section
.
The
director
shall,
upon
request,
give
guidance
and
consultation
in
the
establishment
and
administration
of
the
homes
and
programs
for
the
homes.
This
subsection
is
repealed
July
1,
2023.
5.
The
director
,
the
director
of
the
department
of
human
rights,
or
a
designee
of
the
director
of
the
department
of
human
rights
shall
approve
annually
all
such
homes
established
and
maintained
under
the
provisions
of
this
chapter
.
A
home
shall
not
be
approved
unless
it
complies
with
minimal
rules
and
standards
adopted
by
the
director
and
has
been
inspected
by
the
department
of
inspections
and
appeals.
The
statewide
number
of
beds
in
the
homes
approved
by
the
director
shall
not
exceed
two
hundred
seventy-two
beds
beginning
July
1,
2017.
This
subsection
is
repealed
July
1,
2023.
6.
A
juvenile
detention
home
fund
is
created
in
the
state
treasury
under
the
authority
of
the
department
or
the
department
of
human
rights
as
the
department
and
the
department
of
human
rights
agree
.
The
fund
shall
consist
of
moneys
deposited
in
the
fund
pursuant
to
section
602.8108
.
The
moneys
in
the
fund
shall
be
used
for
the
costs
of
the
establishment,
improvement,
operation,
and
maintenance
of
county
or
multicounty
juvenile
detention
homes
in
accordance
with
annual
appropriations
made
by
the
general
assembly
from
the
fund
for
these
purposes.
This
subsection
is
repealed
July
1,
2023.
Sec.
627.
Section
232.147,
subsection
2,
paragraphs
c,
e,
and
j,
Code
2023,
are
amended
to
read
as
follows:
c.
The
child’s
parent,
guardian
,
or
custodian,
court
appointed
special
advocate,
and
guardian
ad
litem,
and
the
members
of
the
child
advocacy
board
created
in
section
237.16
or
a
local
citizen
foster
care
review
board
created
in
accordance
with
section
237.19
who
are
assigning
or
reviewing
the
child’s
case.
e.
An
agency,
individual,
association,
facility,
or
institution
responsible
for
the
care,
treatment,
or
supervision
of
the
child
pursuant
to
a
court
order
or
voluntary
placement
agreement
with
the
department
of
human
services
,
juvenile
officer,
or
intake
officer.
j.
The
department
of
human
services
.
Senate
File
514,
p.
357
Sec.
628.
Section
232.147,
subsection
3,
paragraphs
c,
e,
and
h,
Code
2023,
are
amended
to
read
as
follows:
c.
The
child’s
parent,
guardian
,
or
custodian,
court
appointed
special
advocate,
guardian
ad
litem,
and
the
members
of
the
child
advocacy
board
created
in
section
237.16
or
a
local
citizen
foster
care
review
board
created
in
accordance
with
section
237.19
who
are
assigning
or
reviewing
the
child’s
case.
e.
An
agency,
individual,
association,
facility,
or
institution
responsible
for
the
care,
treatment,
or
supervision
of
the
child
pursuant
to
a
court
order
or
voluntary
placement
agreement
with
the
department
of
human
services
,
juvenile
court
officer,
or
intake
officer.
h.
The
department
of
human
services
.
Sec.
629.
Section
232.147,
subsection
4,
paragraphs
c,
f,
and
j,
Code
2023,
are
amended
to
read
as
follows:
c.
The
child’s
parent,
guardian
,
or
custodian,
court
appointed
special
advocate,
guardian
ad
litem,
and
the
members
of
the
child
advocacy
board
created
in
section
237.16
or
a
local
citizen
foster
care
review
board
created
in
accordance
with
section
237.19
who
are
assigning
or
reviewing
the
child’s
case.
f.
An
agency,
individual,
association,
facility,
or
institution
responsible
for
the
care,
treatment,
or
supervision
of
the
child
pursuant
to
a
court
order
or
voluntary
placement
agreement
with
the
department
of
human
services
,
juvenile
court
officer,
or
intake
officer.
j.
The
department
of
human
services
.
Sec.
630.
Section
232.147,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
Official
juvenile
court
records
enumerated
in
section
232.2,
subsection
43
,
paragraph
“e”
,
relating
to
paternity,
support,
or
the
termination
of
parental
rights,
shall
be
disclosed,
upon
request,
to
the
child
support
recovery
unit
services
without
court
order.
Sec.
631.
Section
232.149,
subsection
5,
paragraph
h,
Code
2023,
is
amended
to
read
as
follows:
h.
The
department
of
human
services
.
Sec.
632.
Section
232.149A,
subsection
3,
paragraphs
c
and
e,
Code
2023,
are
amended
to
read
as
follows:
c.
The
child’s
parent,
guardian
,
or
custodian,
court
Senate
File
514,
p.
358
appointed
special
advocate,
and
guardian
ad
litem,
and
the
members
of
the
child
advocacy
board
created
in
section
237.16
or
a
local
citizen
foster
care
review
board
created
in
accordance
with
section
237.19
who
are
assigning
or
reviewing
the
child’s
case.
e.
An
agency,
association,
facility,
or
institution
which
has
custody
of
the
child,
or
is
legally
responsible
for
the
care,
treatment,
or
supervision
of
the
child,
including
but
not
limited
to
the
department
of
human
services
.
Sec.
633.
Section
232.158A,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Notwithstanding
any
provision
of
the
interstate
compact
on
the
placement
of
children
under
section
232.158
to
the
contrary,
the
department
of
human
services
shall
permit
the
legal
risk
placement
of
a
child
under
the
interstate
compact
on
the
placement
of
children
if
the
prospective
adoptive
parent
provides
a
legal
risk
statement,
in
writing,
acknowledging
all
of
the
following:
Sec.
634.
Section
232.158A,
subsection
1,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
That
the
prospective
adoptive
parent
assumes
full
legal,
financial,
and
other
risks
associated
with
the
legal
risk
placement
and
that
the
prospective
adoptive
parent
agrees
to
hold
the
department
of
human
services
harmless
for
any
disruption
or
failure
of
the
placement.
Sec.
635.
Section
232.160,
Code
2023,
is
amended
to
read
as
follows:
232.160
Department
of
health
and
human
services
as
public
authority.
The
“appropriate
public
authorities”
as
used
in
article
III
of
the
interstate
compact
on
the
placement
of
children
under
section
232.158
shall,
with
reference
to
this
state,
mean
the
state
department
of
health
and
human
services
and
said
the
department
shall
receive
and
act
with
reference
to
notices
required
by
article
III
of
that
interstate
compact.
Sec.
636.
Section
232.161,
Code
2023,
is
amended
to
read
as
follows:
232.161
Department
as
authority
in
receiving
state.
As
used
in
paragraph
“a”
of
article
V
of
the
interstate
Senate
File
514,
p.
359
compact
on
the
placement
of
children
under
section
232.158
,
the
phrase
“appropriate
authority
in
the
receiving
state”
with
reference
to
this
state
shall
mean
means
the
state
department
of
health
and
human
services.
Sec.
637.
Section
232.162,
Code
2023,
is
amended
to
read
as
follows:
232.162
Authority
to
enter
agreements.
The
officers
and
agencies
of
this
state
and
its
subdivisions
having
authority
to
place
children
may
enter
into
agreements
with
appropriate
officers
or
agencies
of
or
in
other
party
states
pursuant
to
paragraph
“b”
of
article
V
of
the
interstate
compact
on
the
placement
of
children
under
section
232.158
.
Any
such
agreement
which
contains
a
financial
commitment
or
imposes
a
financial
obligation
on
this
state
or
a
subdivision
or
agency
of
this
state
shall
not
be
binding
unless
it
has
the
approval
in
writing
of
the
administrator
of
child
and
family
services
director
or
the
director’s
designee
in
the
case
of
the
state
and
the
county
general
assistance
director
in
the
case
of
a
subdivision
of
the
state.
Sec.
638.
Section
232.168,
Code
2023,
is
amended
to
read
as
follows:
232.168
Attorney
general
to
enforce.
The
attorney
general
may,
on
the
attorney
general’s
own
initiative,
institute
any
criminal
and
civil
actions
and
proceedings
under
this
subchapter
,
at
whatever
stage
of
placement
necessary,
to
enforce
the
interstate
compact
on
the
placement
of
children,
including,
but
not
limited
to,
seeking
enforcement
of
the
provisions
of
the
compact
through
the
courts
of
a
party
state.
The
department
of
human
services
shall
cooperate
with
the
attorney
general
and
shall
refer
any
placement
or
proposed
placement
to
the
attorney
general
which
may
require
enforcement
measures.
Sec.
639.
Section
232.171,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Article
IV
——
Return
of
runaways.
a.
(1)
That
the
parent,
guardian,
or
person
or
agency
entitled
to
legal
custody
of
a
juvenile
who
has
not
been
adjudged
delinquent
but
who
has
run
away
without
the
consent
of
such
parent,
guardian,
or
person
or
agency
may
petition
Senate
File
514,
p.
360
the
appropriate
court
in
the
demanding
state
for
the
issuance
of
a
requisition
for
the
juvenile’s
return.
The
petition
shall
state
the
name
and
age
of
the
juvenile,
the
name
of
the
petitioner
and
the
basis
of
entitlement
to
the
juvenile’s
custody,
the
circumstances
of
the
juvenile’s
running
away,
the
juvenile’s
location
if
known
at
the
time
application
is
made,
and
such
other
facts
as
may
tend
to
show
that
the
juvenile
who
has
run
away
is
endangering
the
juvenile’s
own
welfare
or
the
welfare
of
others
and
is
not
an
emancipated
minor.
The
petition
shall
be
verified
by
affidavit,
shall
be
executed
in
duplicate,
and
shall
be
accompanied
by
two
certified
copies
of
the
document
or
documents
on
which
the
petitioner’s
entitlement
to
the
juvenile’s
custody
is
based,
such
as
birth
certificates,
letters
of
guardianship,
or
custody
decrees.
Such
further
affidavits
and
other
documents
as
may
be
deemed
proper
may
be
submitted
with
such
petition.
The
judge
of
the
court
to
which
this
application
is
made
may
hold
a
hearing
thereon
to
determine
whether
for
the
purposes
of
this
compact
the
petitioner
is
entitled
to
the
legal
custody
of
the
juvenile,
whether
or
not
it
appears
that
the
juvenile
has
in
fact
run
away
without
consent,
whether
or
not
the
juvenile
is
an
emancipated
minor,
and
whether
or
not
it
is
in
the
best
interest
of
the
juvenile
to
compel
the
juvenile’s
return
to
the
state.
If
the
judge
determines,
either
with
or
without
a
hearing,
that
the
juvenile
should
be
returned,
the
judge
shall
present
to
the
appropriate
court
or
to
the
executive
authority
of
the
state
where
the
juvenile
is
alleged
to
be
located
a
written
requisition
for
the
return
of
such
juvenile.
Such
requisition
shall
set
forth
the
name
and
age
of
the
juvenile,
the
determination
of
the
court
that
the
juvenile
has
run
away
without
the
consent
of
a
parent,
guardian,
or
person
or
agency
entitled
to
the
juvenile’s
legal
custody,
and
that
it
is
in
the
best
interest
and
for
the
protection
of
such
juvenile
that
the
juvenile
be
returned.
In
the
event
that
a
proceeding
for
the
adjudication
of
the
juvenile
as
a
delinquent,
neglected
or
dependent
juvenile
is
pending
in
the
court
at
the
time
when
such
juvenile
runs
away,
the
court
may
issue
a
requisition
for
the
return
of
such
juvenile
upon
its
own
motion,
regardless
of
the
consent
of
the
parent,
guardian,
or
person
or
agency
entitled
to
legal
custody,
reciting
therein
Senate
File
514,
p.
361
the
nature
and
circumstances
of
the
pending
proceeding.
The
requisition
shall
in
every
case
be
executed
in
duplicate
and
shall
be
signed
by
the
judge.
One
copy
of
the
requisition
shall
be
filed
with
the
compact
administrator
of
the
demanding
state,
there
to
remain
on
file
subject
to
the
provisions
of
law
governing
records
of
such
court.
Upon
the
receipt
of
a
requisition
demanding
the
return
of
a
juvenile
who
has
run
away,
the
court
or
the
executive
authority
to
whom
the
requisition
is
addressed
shall
issue
an
order
to
any
peace
officer
or
other
appropriate
person
directing
the
officer
or
person
to
take
into
custody
and
detain
such
juvenile.
Such
detention
order
must
substantially
recite
the
facts
necessary
to
the
validity
of
its
issuance
hereunder.
No
juvenile
detained
upon
such
order
shall
be
delivered
over
to
the
officer
whom
the
court
demanding
the
juvenile
shall
have
appointed
to
receive
the
juvenile,
unless
the
juvenile
shall
first
be
taken
forthwith
before
a
judge
of
a
court
in
the
state,
who
shall
inform
the
juvenile
of
the
demand
made
for
the
juvenile’s
return,
and
who
may
appoint
counsel
or
guardian
ad
litem
for
the
juvenile.
If
the
judge
of
such
court
shall
find
that
the
requisition
is
in
order,
the
judge
shall
deliver
such
juvenile
over
to
the
officer
whom
the
court
demanding
the
juvenile
shall
have
appointed
to
receive
the
juvenile.
The
judge,
however,
may
fix
a
reasonable
time
to
be
allowed
for
the
purpose
of
testing
the
legality
of
the
proceeding.
(2)
Upon
reasonable
information
that
a
person
is
a
juvenile
who
has
run
away
from
another
state
party
to
this
compact
without
the
consent
of
a
parent,
guardian,
or
person
or
agency
entitled
to
the
juvenile’s
legal
custody,
such
juvenile
may
be
taken
into
custody
without
a
requisition
and
brought
forthwith
before
a
judge
of
the
appropriate
court
who
may
appoint
counsel
or
guardian
ad
litem
for
such
juvenile
and
who
shall
determine
after
a
hearing
whether
sufficient
cause
exists
to
hold
the
person,
subject
to
the
order
of
the
court,
for
the
person’s
own
protection
and
welfare,
for
such
a
time
not
exceeding
ninety
days
as
will
enable
the
person’s
return
to
another
state
party
to
this
compact
pursuant
to
a
requisition
for
the
person’s
return
from
a
court
of
that
state.
If,
at
the
time
when
a
state
seeks
the
return
of
a
juvenile
who
has
run
away,
there
is
Senate
File
514,
p.
362
pending
in
the
state
wherein
the
juvenile
is
found
any
criminal
charge,
or
any
proceeding
to
have
the
juvenile
adjudicated
a
delinquent
juvenile
for
an
act
committed
in
such
state,
or
if
the
juvenile
is
suspected
of
having
committed
within
such
state
a
criminal
offense
or
an
act
of
juvenile
delinquency,
the
juvenile
shall
not
be
returned
without
the
consent
of
such
state
until
discharged
from
prosecution
or
other
form
of
proceeding,
imprisonment,
detention
or
supervision
for
such
offense
or
juvenile
delinquency.
The
duly
accredited
officers
of
any
state
party
to
this
compact,
upon
the
establishment
of
their
authority
and
the
identity
of
the
juvenile
being
returned,
shall
be
permitted
to
transport
such
juvenile
through
any
and
all
states
party
to
this
compact,
without
interference.
Upon
the
juvenile’s
return
to
the
state
from
which
the
juvenile
ran
away,
the
juvenile
shall
be
subject
to
such
further
proceedings
as
may
be
appropriate
under
the
laws
of
that
state.
b.
That
the
state
to
which
a
juvenile
is
returned
under
this
article
shall
be
responsible
for
payment
of
the
transportation
costs
of
such
return.
c.
That
“juvenile”
as
used
in
this
article
means
any
person
who
is
a
minor
under
the
law
of
the
state
of
residence
of
the
parent,
guardian,
or
person
or
agency
entitled
to
the
legal
custody
of
such
minor.
Sec.
640.
Section
232.171,
subsection
7,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
That
the
duly
constituted
judicial
and
administrative
authorities
of
a
state
party
to
this
compact,
herein
called
“sending
state”
,
may
permit
any
delinquent
juvenile
within
such
state,
placed
on
probation
or
parole,
to
reside
in
any
other
state
party
to
this
compact,
herein
called
“receiving
state”
,
while
on
probation
or
parole,
and
the
receiving
state
shall
accept
such
delinquent
juvenile,
if
the
parent,
guardian
,
or
person
entitled
to
the
legal
custody
of
such
delinquent
juvenile
is
residing
or
undertakes
to
reside
within
the
receiving
state.
Before
granting
such
permission,
opportunity
shall
be
given
to
the
receiving
state
to
make
such
investigations
as
it
deems
necessary.
The
authorities
of
the
sending
state
shall
send
to
the
authorities
of
the
receiving
state
copies
of
pertinent
court
orders,
social
case
studies
and
all
other
available
information
Senate
File
514,
p.
363
which
may
be
of
value
to
and
assist
the
receiving
state
in
supervising
a
probationer
or
parolee
under
this
compact.
A
receiving
state,
in
its
discretion,
may
agree
to
accept
supervision
of
a
probationer
or
parolee
in
cases
where
the
parent,
guardian
,
or
person
entitled
to
the
legal
custody
of
the
delinquent
juvenile
is
not
a
resident
of
the
receiving
state,
and
if
so
accepted
the
sending
state
may
transfer
supervision
accordingly.
Sec.
641.
Section
232.171,
subsection
10,
paragraph
f,
Code
2023,
is
amended
to
read
as
follows:
f.
Provide
that
the
consent
of
the
parent,
guardian,
or
person
or
agency
entitled
to
the
legal
custody
of
said
the
delinquent
juvenile
shall
be
secured
prior
to
the
juvenile
being
sent
to
another
state;
and
Sec.
642.
Section
232.188,
Code
2023,
is
amended
to
read
as
follows:
232.188
Decategorization
of
child
welfare
and
juvenile
justice
funding
initiative.
1.
Definitions.
For
the
purposes
of
this
section
,
unless
the
context
otherwise
requires:
a.
“Decategorization
governance
board”
or
“governance
board”
means
the
group
that
enters
into
and
implements
a
decategorization
project
agreement.
b.
“Decategorization
project”
means
the
county
or
counties
that
have
entered
into
a
decategorization
agreement
to
implement
the
decategorization
initiative
in
the
county
or
multicounty
area
covered
by
the
agreement.
c.
“Decategorization
services
funding
pool”
or
“funding
pool”
means
the
funding
designated
for
a
decategorization
project
from
all
sources.
2.
Purpose.
The
decategorization
of
the
child
welfare
and
juvenile
justice
funding
initiative
is
intended
to
establish
a
system
of
delivering
human
services
based
upon
client
needs
to
replace
a
system
based
upon
a
multitude
of
categorical
programs
and
funding
sources,
each
with
different
service
definitions
and
eligibility
requirements.
The
purposes
of
the
decategorization
initiative
include
but
are
not
limited
to
redirecting
child
welfare
and
juvenile
justice
funding
to
services
which
are
more
preventive,
family-centered,
Senate
File
514,
p.
364
and
community-based
in
order
to
reduce
use
of
restrictive
approaches
which
rely
upon
institutional,
out-of-home,
and
out-of-community
services.
3.
Implementation.
a.
Implementation
of
the
initiative
shall
be
through
creation
of
decategorization
projects.
A
project
shall
consist
of
either
a
single
county
or
a
group
of
counties
interested
in
jointly
implementing
the
initiative.
Representatives
of
the
department,
juvenile
court
services,
and
county
government
shall
develop
a
project
agreement
to
implement
the
initiative
within
a
project.
b.
The
initiative
shall
include
community
planning
activities
in
the
area
covered
by
a
project.
As
part
of
the
community
planning
activities,
the
department
shall
partner
with
other
community
stakeholders
to
develop
service
alternatives
that
provide
less
restrictive
levels
of
care
for
children
and
families
receiving
services
from
the
child
welfare
and
juvenile
justice
systems
within
the
project
area.
c.
The
decategorization
initiative
shall
not
be
implemented
in
a
manner
that
limits
the
legal
rights
of
children
and
families
to
receive
services.
4.
Governance
board.
a.
In
partnership
with
an
interested
county
or
group
of
counties
which
has
demonstrated
the
commitment
and
involvement
of
the
affected
county
department,
or
departments,
of
human
services,
the
juvenile
justice
system
within
the
project
area,
and
board,
or
boards,
of
supervisors
in
order
to
form
a
decategorization
project,
the
department
shall
develop
a
process
for
combining
specific
state
and
state-federal
funding
categories
into
a
decategorization
services
funding
pool
for
that
project.
A
decategorization
project
shall
be
implemented
by
a
decategorization
governance
board.
The
decategorization
governance
board
shall
develop
specific,
quantifiable
short-term
and
long-term
plans
for
enhancing
the
family-centered
and
community-based
services
and
reducing
reliance
upon
out-of-community
care
in
the
project
area.
b.
The
department
shall
work
with
the
decategorization
governance
boards
to
best
coordinate
planning
activities
and
most
effectively
target
funding
resources.
A
departmental
Senate
File
514,
p.
365
service
area
manager
The
department
shall
work
with
the
decategorization
governance
boards
in
that
service
area
to
support
board
planning
and
service
development
activities
and
to
promote
the
most
effective
alignment
of
resources.
c.
A
decategorization
governance
board
shall
coordinate
the
project’s
planning
and
budgeting
activities
with
the
departmental
service
area
manager
department’s
designee
for
the
county
or
counties
comprising
the
project
area
and
the
early
childhood
Iowa
area
board
or
boards
for
the
early
childhood
Iowa
area
or
areas
within
which
the
decategorization
project
is
located.
5.
Funding
pool.
a.
The
governance
board
for
a
decategorization
project
has
authority
over
the
project’s
decategorization
services
funding
pool
and
shall
manage
the
pool
to
provide
more
flexible,
individualized,
family-centered,
preventive,
community-based,
comprehensive,
and
coordinated
service
systems
for
children
and
families
served
in
that
project
area.
A
funding
pool
shall
also
be
used
for
child
welfare
and
juvenile
justice
systems
enhancements.
b.
Notwithstanding
section
8.33
,
moneys
designated
for
a
project’s
decategorization
services
funding
pool
that
remain
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
expenditure
as
directed
by
the
project’s
governance
board
for
child
welfare
and
juvenile
justice
systems
enhancements
and
other
purposes
of
the
project
for
the
next
three
succeeding
fiscal
years.
Such
moneys
shall
be
known
as
“carryover
funding”
.
Moneys
may
be
made
available
to
a
funding
pool
from
one
or
more
of
the
following
sources:
(1)
Funds
designated
for
the
initiative
in
a
state
appropriation.
(2)
Child
welfare
and
juvenile
justice
services
funds
designated
for
the
initiative
by
a
departmental
service
area
manager
the
department
.
(3)
Juvenile
justice
program
funds
designated
for
the
initiative
by
a
chief
juvenile
court
officer.
(4)
Carryover
funding.
(5)
Any
other
source
designating
moneys
for
the
funding
Senate
File
514,
p.
366
pool.
c.
The
services
and
activities
funded
from
a
project’s
funding
pool
may
vary
depending
upon
the
strategies
selected
by
the
project’s
governance
board
and
shall
be
detailed
in
an
annual
child
welfare
and
juvenile
justice
decategorization
services
plan
developed
by
the
governance
board.
A
decategorization
governance
board
shall
involve
community
representatives
and
county
organizations
in
the
development
of
the
plan
for
that
project’s
funding
pool.
In
addition,
the
governance
board
shall
coordinate
efforts
through
communication
with
the
appropriate
departmental
service
area
manager
department
regarding
budget
planning
and
decategorization
service
decisions.
d.
A
decategorization
governance
board
is
responsible
for
ensuring
that
decategorization
services
expenditures
from
that
project’s
funding
pool
do
not
exceed
the
amount
of
funding
available.
If
necessary,
the
governance
board
shall
reduce
expenditures
or
discontinue
specific
services
as
necessary
to
manage
within
the
funding
pool
resources
available
for
a
fiscal
year.
e.
The
annual
child
welfare
and
juvenile
justice
decategorization
services
plan
developed
for
use
of
the
funding
pool
by
a
decategorization
governance
board
shall
be
submitted
to
the
department
administrator
of
child
welfare
services
and
the
early
childhood
Iowa
state
board.
In
addition,
the
decategorization
governance
board
shall
submit
an
annual
progress
report
to
the
department
administrator
and
the
early
childhood
Iowa
state
board
which
summarizes
the
progress
made
toward
attaining
the
objectives
contained
in
the
plan.
The
progress
report
shall
serve
as
an
opportunity
for
information
sharing
and
feedback.
6.
Departmental
role.
A
The
departmental
service
area’s
share
of
the
child
welfare
appropriation
that
is
not
allocated
by
law
for
the
decategorization
initiative
shall
be
managed
by
and
is
under
the
authority
of
the
service
area
manager
department
.
A
service
area
manager
The
department
is
responsible
for
meeting
the
child
welfare
service
needs
in
the
counties
comprising
the
service
area
with
the
available
funding
resources.
Senate
File
514,
p.
367
Sec.
643.
Section
232.189,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Based
upon
a
model
reasonable
efforts
family
court
initiative,
the
director
of
human
services
and
the
chief
justice
of
the
supreme
court
or
their
designees
shall
jointly
establish
and
implement
a
statewide
protocol
for
reasonable
efforts,
as
defined
in
section
232.102
.
In
addition,
the
director
and
the
chief
justice
shall
design
and
implement
a
system
for
judicial
and
departmental
reasonable
efforts
education
for
deployment
throughout
the
state.
The
system
for
reasonable
efforts
education
shall
be
developed
in
a
manner
which
addresses
the
particular
needs
of
rural
areas
and
shall
include
but
is
not
limited
to
all
of
the
following
topics:
Sec.
644.
Section
232B.3,
Code
2023,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
3A.
“Department”
means
the
department
of
health
and
human
services.
NEW
SUBSECTION
.
3B.
“Director”
means
the
director
of
health
and
human
services.
Sec.
645.
Section
232B.9,
subsections
8
and
9,
Code
2023,
are
amended
to
read
as
follows:
8.
A
record
of
each
foster
care
placement,
emergency
removal,
preadoptive
placement,
or
adoptive
placement
of
an
Indian
child,
under
the
laws
of
this
state,
shall
be
maintained
in
perpetuity
by
the
department
of
human
services
in
accordance
with
section
232B.13
.
The
record
shall
document
the
active
efforts
to
comply
with
the
applicable
order
of
preference
specified
in
this
section
.
9.
The
state
of
Iowa
recognizes
the
authority
of
Indian
tribes
to
license
foster
homes
and
to
license
agencies
to
receive
children
for
control,
care,
and
maintenance
outside
of
the
children’s
own
homes,
or
to
place,
receive,
arrange
the
placement
of,
or
assist
in
the
placement
of
children
for
foster
care
or
adoption.
The
department
of
human
services
and
child-placing
agencies
licensed
under
chapter
238
may
place
children
in
foster
homes
and
facilities
licensed
by
an
Indian
tribe.
Sec.
646.
Section
232B.11,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
Senate
File
514,
p.
368
1.
The
director
of
human
services
or
the
director’s
designee
shall
make
a
good
faith
effort
to
enter
into
agreements
with
Indian
tribes
regarding
jurisdiction
over
child
custody
proceedings
and
the
care
and
custody
of
Indian
children
whose
tribes
have
land
within
Iowa,
including
but
not
limited
to
the
Sac
and
Fox
tribe,
the
Omaha
tribe,
the
Ponca
tribe,
and
the
Winnebago
tribe,
and
whose
tribes
have
an
Indian
child
who
resides
in
the
state
of
Iowa.
An
agreement
shall
seek
to
promote
the
continued
existence
and
integrity
of
the
Indian
tribe
as
a
political
entity
and
the
vital
interest
of
Indian
children
in
securing
and
maintaining
a
political,
cultural,
and
social
relationship
with
their
tribes.
An
agreement
shall
assure
that
tribal
services
and
Indian
organizations
or
agencies
are
used
to
the
greatest
extent
practicable
in
planning
and
implementing
any
action
pursuant
to
the
agreement
concerning
the
care
and
custody
of
Indian
children.
If
tribal
services
are
not
available,
an
agreement
shall
assure
that
community
services
and
resources
developed
specifically
for
Indian
families
will
be
used.
2.
If
an
agreement
entered
into
between
the
tribe
and
the
department
of
human
services
pertaining
to
the
funding
of
foster
care
placements
for
Indian
children
conflicts
with
any
federal
or
state
law,
the
state
in
a
timely,
good
faith
manner
shall
agree
to
amend
the
agreement
in
a
way
that
prevents
any
interruption
of
services
to
eligible
Indian
children.
Sec.
647.
Section
232B.12,
Code
2023,
is
amended
to
read
as
follows:
232B.12
Payment
of
foster
care
expenses.
1.
If
the
department
of
human
services
has
legal
custody
of
an
Indian
child
and
that
child
is
placed
in
foster
care
according
to
the
placement
preferences
under
section
232B.9
the
state
shall
pay,
subject
to
any
applicable
federal
funding
limitations
and
requirements,
the
cost
of
the
foster
care
in
the
manner
and
to
the
same
extent
the
state
pays
for
foster
care
of
non-Indian
children,
including
the
administrative
and
training
costs
associated
with
the
placement.
In
addition,
the
state
shall
pay
the
other
costs
related
to
the
foster
care
placement
of
an
Indian
child
as
may
be
provided
for
in
an
agreement
entered
into
between
a
tribe
and
the
state.
Senate
File
514,
p.
369
2.
The
department
of
human
services
may,
subject
to
any
applicable
federal
funding
limitations
and
requirements
and
within
funds
appropriated
for
foster
care
services,
purchase
care
for
Indian
children
who
are
in
the
custody
of
a
federally
recognized
Indian
tribe
or
tribally
licensed
child-placing
agency
pursuant
to
parental
consent,
tribal
court
order,
or
state
court
order;
and
the
purchase
of
the
care
is
subject
to
the
same
eligibility
standards
and
rates
of
support
applicable
to
other
children
for
whom
the
department
purchases
care.
Sec.
648.
Section
232B.13,
subsections
1,
3,
4,
and
5,
Code
2023,
are
amended
to
read
as
follows:
1.
The
department
of
human
services
shall
establish
an
automated
database
where
a
permanent
record
shall
be
maintained
of
every
involuntary
or
voluntary
foster
care,
preadoptive
placement,
or
adoptive
placement
of
an
Indian
child
that
is
ordered
by
a
court
of
this
state
and
in
which
the
department
was
involved.
The
automated
record
shall
document
the
active
efforts
made
to
comply
with
the
order
of
placement
preference
specified
in
section
232B.9
.
An
Indian
child’s
placement
record
shall
be
maintained
in
perpetuity
by
the
department
of
human
services
and
shall
include
but
is
not
limited
to
the
name,
birthdate,
and
gender
of
the
Indian
child,
and
the
location
of
the
local
department
office
that
maintains
the
original
file
and
documents
containing
the
information
listed
in
subsection
2
.
3.
If
a
court
orders
the
foster
care,
preadoptive
placement,
or
adoptive
placement
of
an
Indian
child,
the
court
and
any
state-licensed
child-placing
agency
involved
in
the
placement
shall
provide
the
department
of
human
services
with
the
records
described
in
subsections
1
and
2
.
4.
A
record
maintained
pursuant
to
this
section
by
the
department
of
human
services
,
a
county
department
of
human
services,
state-licensed
child-placing
agency,
private
attorney,
or
medical
facility
shall
be
made
available
within
seven
days
of
a
request
for
the
record
by
the
Indian
child’s
tribe
or
the
secretary
of
the
interior.
5.
Upon
the
request
of
an
Indian
individual
who
is
eighteen
years
of
age
or
older,
or
upon
the
request
of
an
Indian
child’s
parent,
Indian
custodian,
attorney,
guardian
ad
litem,
guardian,
legal
custodian,
or
caseworker
of
the
Indian
child,
Senate
File
514,
p.
370
the
department
of
human
services
,
a
county
department
of
human
services,
state-licensed
child-placing
agency,
private
attorney,
or
medical
facility
shall
provide
access
to
the
records
pertaining
to
the
Indian
individual
or
child
maintained
pursuant
to
this
section
.
The
records
shall
also
be
made
available
upon
the
request
of
the
descendants
of
the
Indian
individual
or
child.
A
record
shall
be
made
available
within
seven
days
of
a
request
for
the
record
by
any
person
authorized
by
this
subsection
to
make
the
request.
Sec.
649.
Section
232B.14,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
department
of
human
services
,
in
consultation
with
Indian
tribes,
shall
establish
standards
and
procedures
for
the
department’s
review
of
cases
subject
to
this
chapter
and
methods
for
monitoring
the
department’s
compliance
with
provisions
of
the
federal
Indian
Child
Welfare
Act
and
this
chapter
.
These
standards
and
procedures
and
the
monitoring
methods
shall
be
integrated
into
the
department’s
structure
and
plan
for
the
federal
government’s
child
and
family
service
review
process
and
any
program
improvement
plan
resulting
from
that
process.
Sec.
650.
Section
232C.2,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Prior
to
an
emancipation
hearing
held
pursuant
to
section
232C.1
,
the
court,
on
its
own
motion,
may
stay
the
proceedings,
and
refer
the
parties
to
mediation
or
request
that
the
department
of
health
and
human
services
investigate
any
allegations
of
child
abuse
or
neglect
contained
in
the
petition,
and
order
that
a
written
report
be
prepared
and
filed
by
the
department.
Sec.
651.
Section
232C.4,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
A
parent
who
is
absolved
of
child
support
obligations
pursuant
to
an
emancipation
order
shall
notify
the
child
support
recovery
unit
services
of
the
department
of
health
and
human
services
of
the
emancipation.
Sec.
652.
Section
232D.204,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
A
proceeding
under
this
section
shall
not
create
a
new
eligibility
category
for
the
department
of
health
and
human
Senate
File
514,
p.
371
services
protective
services.
Sec.
653.
Section
232D.307,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
judicial
branch
in
conjunction
with
the
department
of
public
safety,
the
department
of
health
and
human
services,
and
the
state
chief
information
officer
shall
establish
procedures
for
electronic
access
to
the
single
contact
repository
necessary
to
conduct
background
checks
requested
under
subsection
1
.
Sec.
654.
Section
233.2,
subsection
2,
paragraphs
c
and
d,
Code
2023,
are
amended
to
read
as
follows:
c.
If
the
physical
custody
of
the
newborn
infant
is
relinquished
at
an
institutional
health
facility,
the
state
shall
reimburse
the
institutional
health
facility
for
the
institutional
health
facility’s
actual
expenses
in
providing
care
to
the
newborn
infant
and
in
performing
acts
necessary
to
protect
the
physical
health
or
safety
of
the
newborn
infant.
The
reimbursement
shall
be
paid
from
moneys
appropriated
for
this
purpose
to
the
department
of
health
and
human
services.
d.
If
the
name
of
the
parent
is
unknown
to
the
institutional
health
facility,
the
individual
on
duty
or
other
person
designated
by
the
institutional
health
facility
at
which
physical
custody
of
the
newborn
infant
was
relinquished
shall
submit
the
certificate
of
birth
report
as
required
pursuant
to
section
144.14
.
If
the
name
of
the
parent
is
disclosed
to
the
institutional
health
facility,
the
facility
shall
submit
the
certificate
of
birth
report
as
required
pursuant
to
section
144.13
.
The
department
of
public
health
and
human
services
shall
not
file
the
certificate
of
birth
with
the
county
of
birth
and
shall
otherwise
maintain
the
confidentiality
of
the
birth
certificate
in
accordance
with
section
144.43
.
Sec.
655.
Section
233.2,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
As
soon
as
possible
after
the
individual
on
duty
or
first
responder
assumes
physical
custody
of
a
newborn
infant
released
under
subsection
1
,
the
individual
or
first
responder
shall
notify
the
department
of
health
and
human
services
and
the
department
shall
take
the
actions
necessary
to
assume
the
care,
control,
and
custody
of
the
newborn
infant.
The
department
Senate
File
514,
p.
372
shall
immediately
notify
the
juvenile
court
and
the
county
attorney
of
the
department’s
action
and
the
circumstances
surrounding
the
action
and
request
an
ex
parte
order
from
the
juvenile
court
ordering,
in
accordance
with
the
requirements
of
section
232.78
,
the
department
to
take
custody
of
the
newborn
infant.
Upon
receiving
the
order,
the
department
shall
take
custody
of
the
newborn
infant.
Within
twenty-four
hours
of
taking
custody
of
the
newborn
infant,
the
department
shall
notify
the
juvenile
court
and
the
county
attorney
in
writing
of
the
department’s
action
and
the
circumstances
surrounding
the
action.
Sec.
656.
Section
233.6,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
of
health
and
human
services,
in
consultation
with
the
Iowa
department
of
public
health
and
the
department
of
justice,
shall
develop
and
distribute
the
following:
Sec.
657.
Section
233A.1,
Code
2023,
is
amended
to
read
as
follows:
233A.1
State
training
school
——
Eldora.
1.
Effective
January
1,
1992,
a
diagnosis
and
evaluation
center
and
other
units
are
established
at
the
state
training
school
to
provide
court-committed
male
juvenile
delinquents
a
program
which
focuses
upon
appropriate
developmental
skills,
treatment,
placements,
and
rehabilitation.
2.
The
diagnosis
and
evaluation
center
which
is
used
to
identify
appropriate
treatment
and
placement
alternatives
for
juveniles
and
any
other
units
for
juvenile
delinquents
which
are
located
at
Eldora
shall
be
known
as
the
“state
training
school”
.
3.
For
the
purposes
of
this
chapter
“director”
:
a.
“Department”
means
the
department
of
health
and
human
services.
b.
“Director”
means
the
director
of
health
and
human
services
and
“superintendent”
.
c.
“State
training
school”
means
the
diagnosis
and
evaluation
center
which
is
used
to
identify
appropriate
treatment
and
placement
alternatives
for
juveniles
and
any
other
units
for
juvenile
delinquents
which
are
located
at
Eldora.
d.
“Superintendent”
means
the
administrator
in
charge
of
the
Senate
File
514,
p.
373
diagnosis
and
evaluation
center
for
juvenile
delinquents
and
other
units
at
the
state
training
school.
3.
4.
The
number
of
children
present
at
any
one
time
at
the
state
training
school
shall
not
exceed
the
population
guidelines
established
under
1990
Iowa
Acts,
ch.
1239,
§21
,
as
adjusted
for
subsequent
changes
in
the
capacity
at
the
training
school.
Sec.
658.
Section
233A.3,
Code
2023,
is
amended
to
read
as
follows:
233A.3
Salary.
The
salary
of
the
superintendent
of
the
state
training
school
shall
be
determined
by
the
administrator
director
.
Sec.
659.
Section
233A.6,
Code
2023,
is
amended
to
read
as
follows:
233A.6
Visits.
Members
of
the
executive
council,
the
attorney
general,
the
lieutenant
governor,
members
of
the
general
assembly,
judges
of
the
supreme
and
district
court
and
court
of
appeals,
magistrates,
county
attorneys
,
and
persons
ordained
or
designated
as
regular
leaders
of
a
religious
community
are
authorized
to
may
visit
the
state
training
school
at
reasonable
times.
No
other
person
shall
be
granted
admission
except
by
permission
of
the
superintendent.
Sec.
660.
Section
233A.7,
Code
2023,
is
amended
to
read
as
follows:
233A.7
Placing
in
families.
All
children
committed
to
and
received
in
the
state
training
school
may
be
placed
by
the
department
under
foster
care
arrangements,
with
any
persons
or
in
families
of
good
standing
and
character
where
they
the
children
will
be
properly
cared
for
and
educated.
The
cost
of
foster
care
provided
under
these
arrangements
shall
be
paid
as
provided
in
section
234.35
.
Sec.
661.
Section
233A.8,
Code
2023,
is
amended
to
read
as
follows:
233A.8
Articles
of
agreement.
Such
children
shall
be
so
A
child
placed
in
foster
care
as
provided
in
section
233A.7
shall
be
placed
under
articles
of
agreement,
approved
by
the
administrator
director
and
signed
by
the
person
or
persons
taking
them
providing
foster
care
Senate
File
514,
p.
374
and
by
the
superintendent.
Said
The
articles
of
agreement
shall
provide
for
the
custody,
care,
education,
maintenance,
and
earnings
of
said
children
the
child
for
a
time
to
be
fixed
specified
in
said
the
articles,
which
shall
not
extend
beyond
the
time
when
the
persons
bound
shall
attain
the
child
attains
age
of
eighteen
years
of
age
.
Sec.
662.
Section
233A.9,
Code
2023,
is
amended
to
read
as
follows:
233A.9
Resuming
custody
of
child.
In
case
If
a
child
so
placed
be
in
foster
care
as
provided
in
section
233A.7
is
not
given
the
care,
education,
treatment,
and
maintenance
required
by
such
the
articles
of
agreement,
the
administrator
director
may
cause
the
child
to
be
taken
from
the
person
with
whom
placed
and
returned
return
the
child
to
the
institution
state
training
school
,
or
may
replace
place
the
child
in
a
different
foster
care
placement
,
or
release
,
or
finally
discharge
the
child
as
may
seem
best
.
Sec.
663.
Section
233A.10,
Code
2023,
is
amended
to
read
as
follows:
233A.10
Unlawful
interference.
It
shall
be
unlawful
for
any
parent
or
other
person
not
a
party
to
such
the
placing
of
a
child
in
foster
care
to
interfere
in
any
manner
or
assume
or
exercise
any
control
over
such
the
child
or
the
child’s
earnings.
Said
The
child’s
earnings
shall
be
used,
held,
or
otherwise
applied
for
the
exclusive
benefit
of
such
the
child,
in
accordance
with
section
234.37
.
Sec.
664.
Section
233A.11,
Code
2023,
is
amended
to
read
as
follows:
233A.11
County
attorney
to
appear
for
child.
In
case
legal
proceedings
are
necessary
to
enforce
any
right
conferred
on
any
child
by
sections
233A.7
through
233A.10
,
the
county
attorney
of
the
county
in
which
such
proceedings
should
be
instituted
shall,
on
the
request
of
the
superintendent,
approved
by
subject
to
the
approval
of
the
administrator
director
,
institute
and
carry
on,
in
the
name
of
the
superintendent,
out
the
proceedings
in
on
behalf
of
the
superintendent.
Sec.
665.
Section
233A.12,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
375
233A.12
Discharge
or
parole.
The
administrator
director
may
at
any
time
after
one
year’s
service
order
the
discharge
or
parole
of
any
inmate
as
a
reward
for
good
conduct,
and
may,
in
exceptional
cases,
discharge
or
parole
inmates
without
regard
to
the
length
of
their
service
or
conduct,
when
satisfied
that
the
reasons
therefor
for
the
discharge
or
parole
are
urgent
and
sufficient.
If
paroled
upon
satisfactory
evidence
of
reformation,
the
order
may
remain
in
effect
or
terminate
under
such
rules
as
the
administrator
may
prescribe
prescribed
by
the
director
.
Sec.
666.
Section
233A.13,
Code
2023,
is
amended
to
read
as
follows:
233A.13
Binding
out
or
discharge
Discharge
.
The
binding
out
or
the
discharge
of
an
inmate
as
reformed
,
or
having
arrived
at
the
age
of
eighteen
years
of
age
,
shall
be
a
complete
release
from
all
penalties
incurred
by
the
conviction
for
the
offense
upon
which
the
child
was
committed
to
the
school.
Sec.
667.
Section
233A.14,
Code
2023,
is
amended
to
read
as
follows:
233A.14
Transfers
to
other
institutions.
The
administrator
director
may
transfer
minor
wards
of
the
state
to
the
state
training
school
minor
wards
of
the
state
from
any
institution
under
the
administrator’s
charge
director’s
control,
but
no
a
person
shall
not
be
so
transferred
who
is
mentally
ill
or
has
a
mental
illness
or
an
intellectual
disability.
Any
child
in
the
state
training
school
who
is
mentally
ill
has
a
mental
illness
or
has
an
intellectual
disability
may
be
transferred
by
the
administrator
director
to
the
proper
state
institution.
Sec.
668.
Section
233A.15,
Code
2023,
is
amended
to
read
as
follows:
233A.15
Transfers
to
work
in
parks.
1.
The
administrator
director
may
detail
assign
children
,
classed
as
from
the
state
training
school
deemed
trustworthy,
from
the
state
training
school,
to
perform
services
for
the
department
of
natural
resources
within
the
state
parks,
state
game
and
forest
areas,
and
other
lands
under
the
jurisdiction
of
the
department
of
natural
resources.
The
department
of
Senate
File
514,
p.
376
natural
resources
shall
provide
permanent
housing
and
work
guidance
supervision,
but
the
care
and
custody
of
the
children
so
detailed
assigned
shall
remain
under
employees
of
the
division
of
child
and
family
services
of
with
the
department
of
human
services
.
All
such
programs
shall
have
as
their
primary
purpose
and
shall
provide
for
inculcation
or
the
activation
of
attitudes,
skills,
and
habit
patterns
which
will
be
conducive
to
the
habilitation
of
the
youths
children
involved.
2.
The
administrator
is
hereby
authorized
to
director
may
use
state-owned
mobile
housing
equipment
and
facilities
in
performing
services
at
temporary
locations
in
the
areas
described
in
subsection
1
.
Sec.
669.
Section
234.1,
Code
2023,
is
amended
to
read
as
follows:
234.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Administrator”
means
the
administrator
of
the
division.
2.
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.
Senate
File
514,
p.
377
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.
3.
“Division”
or
“state
division”
means
that
division
of
the
department
of
human
services
to
which
the
director
has
assigned
responsibility
for
income
and
service
programs.
4.
“Food
assistance
program”
means
the
benefits
provided
through
the
United
States
department
of
agriculture
program
administered
by
the
department
of
human
services
in
accordance
with
7
C.F.R.
pts.
270
–
283
.
2.
“Council”
means
the
council
on
health
and
human
services.
3.
“Department”
means
the
department
of
health
and
human
services.
4.
“Director”
means
the
director
of
health
and
human
services.
5.
“Food
programs”
means
the
food
stamp
supplemental
nutrition
assistance
program
and
donated
foods
programs
authorized
by
federal
law
under
the
United
States
department
of
agriculture.
6.
“Supplemental
nutrition
assistance
program”
or
“SNAP”
means
benefits
provided
by
the
federal
program
administered
through
7
C.F.R.
pts.
270
–
280,
as
amended.
Sec.
670.
Section
234.4,
Code
2023,
is
amended
to
read
as
follows:
234.4
Education
of
children
in
departmental
programs.
If
the
department
of
human
services
has
custody
or
has
other
responsibility
for
a
child
based
upon
the
child’s
involvement
in
a
departmental
program
involving
foster
care,
preadoption
or
adoption,
or
subsidized
guardianship
placement
and
the
child
is
subject
to
the
compulsory
attendance
law
under
chapter
299
,
the
department
shall
fulfill
the
responsibilities
outlined
in
section
299.1
and
other
responsibilities
under
federal
and
state
law
regarding
the
child’s
school
attendance.
As
part
of
fulfilling
the
responsibilities
described
in
this
section
,
if
the
department
has
custody
or
other
responsibility
for
placement
and
care
of
a
child
and
the
child
transfers
to
a
different
school
during
or
immediately
preceding
the
period
of
custody
or
other
responsibility,
within
the
first
six
weeks
of
Senate
File
514,
p.
378
the
transfer
date
the
department
shall
assess
the
student’s
degree
of
success
in
adjusting
to
the
different
school.
Sec.
671.
Section
234.6,
Code
2023,
is
amended
to
read
as
follows:
234.6
Powers
and
duties
of
the
administrator
director
.
1.
The
administrator
shall
be
vested
with
the
authority
to
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
welfare
assistance
and
institutions
that
are
placed
under
the
administrator’s
director’s
administration.
The
administrator
director
shall
perform
duties,
shall
formulate
and
adopt
rules
as
may
be
necessary,
and
shall
outline
policies,
dictate
procedure,
and
delegate
such
powers
as
may
be
necessary
for
competent
and
efficient
administration.
Subject
to
restrictions
that
may
be
imposed
by
the
director
of
human
services
and
the
council
on
human
services
,
the
administrator
director
may
abolish,
alter,
consolidate,
or
establish
subdivisions
subunits
and
may
abolish
or
change
offices
previously
created
existing
subunits
.
The
administrator
director
may
employ
necessary
personnel
and
fix
determine
their
compensation;
may
allocate
or
reallocate
functions
and
duties
among
any
subdivisions
now
existing
or
later
established
subunits
;
and
may
adopt
rules
relating
to
the
employment
of
personnel
and
the
allocation
of
their
functions
and
duties
among
the
various
subdivisions
subunits
as
required
for
competent
and
efficient
administration
may
require
.
The
administrator
director
shall
do
all
of
the
following
:
a.
Cooperate
with
the
social
security
administration
created
by
the
Social
Security
Act
and
codified
at
42
U.S.C.
§901,
or
other
agency
of
the
federal
government
for
public
welfare
assistance,
in
such
reasonable
manner
as
may
be
necessary
to
qualify
for
federal
aid,
including
the
making
of
such
reports
in
such
form
and
containing
such
information
as
the
social
security
administration,
from
time
to
time,
may
require,
and
to
comply
with
such
regulations
as
such
social
security
administration,
from
time
to
time,
may
find
necessary
to
assure
the
correctness
and
verification
of
such
reports.
b.
Furnish
information
to
acquaint
the
public
generally
Senate
File
514,
p.
379
with
the
operation
of
the
federal
Acts
under
the
director’s
jurisdiction
of
the
administrator
.
c.
With
the
approval
of
the
director
of
human
services,
the
governor,
the
director
of
the
department
of
management,
and
the
director
of
the
department
of
administrative
services,
set
up
establish
an
administrative
fund
from
the
funds
under
the
administrator’s
director’s
control
and
management
an
administrative
fund
and
from
the
administrative
fund
pay
the
expenses
of
operating
the
division
department’s
duties
under
this
chapter
.
d.
Notwithstanding
any
provisions
to
the
contrary
in
chapter
239B
relating
to
the
consideration
of
income
and
resources
of
claimants
for
assistance,
the
administrator,
and
with
the
consent
and
approval
of
the
director
of
human
services
and
the
council
on
human
services
,
shall
make
such
adopt
rules
as
may
be
necessary
to
qualify
for
federal
aid
in
the
assistance
programs
administered
by
the
administrator
director
.
e.
Have
authority
to
use
Use
funds
available
to
the
department,
subject
to
any
limitations
placed
on
the
use
thereof
of
the
funds
by
the
legislation
appropriating
the
funds,
to
provide
to
or
purchase,
for
eligible
families
and
individuals
eligible
therefor
,
services
including
but
not
limited
to
the
following:
(1)
Child
care
for
children
or
adult
day
services,
in
facilities
which
are
licensed
or
are
approved
as
meeting
standards
for
licensure.
(2)
Foster
care,
including
foster
family
care,
group
homes,
and
institutions.
(3)
Family-centered
services,
as
defined
in
section
232.102A,
subsection
1
,
paragraph
“b”
.
(4)
Family
planning.
(5)
Protective
services.
(6)
Services
or
support
provided
to
a
child
with
an
intellectual
disability
or
other
developmental
disability
or
to
the
child’s
family.
(7)
Transportation
services.
(8)
Any
services,
not
otherwise
enumerated
in
this
paragraph
“e”
,
authorized
by
or
pursuant
to
the
United
States
Social
Security
Act
of
1934,
as
amended.
Senate
File
514,
p.
380
f.
Administer
the
food
programs
authorized
by
federal
law,
and
recommend
rules
necessary
in
the
administration
of
those
programs
to
the
director
for
adoption
pursuant
to
chapter
17A
.
g.
Provide
consulting
and
technical
services
to
the
director
of
the
department
of
education,
or
the
director’s
designee,
upon
request,
relating
to
prekindergarten,
kindergarten,
and
before
and
after
school
programming
and
facilities.
h.
Recommend
rules
for
their
adoption
by
the
council
on
human
services
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.
2.
The
department
of
human
services
shall
have
the
power
and
authority
to
may
use
the
funds
available
to
it,
to
purchase
services
of
all
kinds
from
public
or
private
agencies
to
provide
for
the
needs
of
children,
including
but
not
limited
to
psychiatric
services,
supervision,
specialized
group,
foster
homes,
and
institutional
care.
3.
In
determining
the
reimbursement
rate
for
services
purchased
by
the
department
of
human
services
from
a
person
or
agency,
the
department
shall
not
include
private
moneys
contributed
to
the
person
or
agency
unless
the
moneys
are
contributed
for
services
provided
to
a
specific
individual.
Sec.
672.
Section
234.7,
Code
2023,
is
amended
to
read
as
follows:
234.7
Department
duties.
1.
The
department
of
human
services
shall
comply
with
the
provision
associated
with
child
foster
care
licensees
under
chapter
237
that
requires
that
a
child’s
foster
parent
be
included
in,
and
be
provided
timely
notice
of,
planning
and
review
activities
associated
with
the
child,
including
but
not
limited
to
permanency
planning
and
placement
review
meetings,
which
shall
include
discussion
of
the
child’s
rehabilitative
treatment
needs.
2.
a.
The
department
of
human
services
shall
submit
a
waiver
request
to
the
United
States
department
of
health
and
human
services
as
necessary
to
provide
coverage
under
the
medical
assistance
program
for
children
who
are
described
by
both
of
the
following:
Senate
File
514,
p.
381
(1)
The
child
needs
behavioral
health
care
services
and
qualifies
for
the
care
level
provided
by
a
psychiatric
medical
institution
for
children
licensed
under
chapter
135H
.
(2)
The
child
is
in
need
of
treatment
to
cure
or
alleviate
serious
mental
illness
or
disorder,
or
emotional
damage
as
evidenced
by
severe
anxiety,
depression,
withdrawal,
or
untoward
aggressive
behavior
toward
self
or
others
and
whose
parent,
guardian,
or
custodian
is
unable
to
provide
such
treatment.
b.
The
waiver
request
shall
provide
for
appropriately
addressing
the
needs
of
children
described
in
paragraph
“a”
by
implementing
any
of
the
following
options:
using
a
wraparound
services
approach,
renegotiating
the
medical
assistance
program
contract
provisions
for
behavioral
health
services,
or
applying
another
approach
for
appropriately
meeting
the
children’s
needs.
c.
If
federal
approval
of
the
waiver
request
is
not
received,
the
department
shall
submit
options
to
the
governor
and
general
assembly
to
meet
the
needs
of
such
children
through
a
state-funded
program.
Sec.
673.
Section
234.8,
Code
2023,
is
amended
to
read
as
follows:
234.8
Fees
for
child
welfare
services.
The
department
of
human
services
may
charge
a
fee
for
child
welfare
services
to
a
person
liable
for
the
cost
of
the
services.
The
fee
shall
not
exceed
the
reasonable
cost
of
the
services.
The
fee
shall
be
based
upon
the
person’s
ability
to
pay
and
consideration
of
the
fee’s
impact
upon
the
liable
person’s
family
and
the
goals
identified
in
the
case
permanency
plan.
The
department
may
assess
the
liable
person
for
the
fee
and
the
means
of
recovery
shall
include
a
setoff
against
an
amount
owed
by
a
state
agency
to
the
person
assessed
pursuant
to
section
8A.504
.
In
addition
the
department
may
establish
an
administrative
process
to
recover
the
assessment
through
automatic
income
withholding.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
implement
the
provisions
of
this
section
.
This
section
does
not
apply
to
court-ordered
services
provided
to
juveniles
which
are
a
charge
upon
the
state
pursuant
to
section
232.141
and
services
for
which
the
department
has
Senate
File
514,
p.
382
established
a
support
obligation
pursuant
to
section
234.39
.
Sec.
674.
Section
234.12,
Code
2023,
is
amended
to
read
as
follows:
234.12
Department
to
provide
food
programs.
1.
The
department
of
human
services
is
authorized
to
may
enter
into
such
agreements
with
agencies
of
the
federal
government
as
are
necessary
in
order
to
make
available
to
the
people
of
this
state
any
federal
food
programs
which
may,
under
federal
laws
and
regulations,
be
implemented
in
this
state.
Each
such
program
shall
be
implemented
in
every
county
in
the
state,
or
in
each
county
where
implementation
is
permitted
by
federal
laws
and
regulations.
2.
The
provisions
of
the
federal
Personal
Responsibility
and
Work
Opportunity
Reconciliation
Act
of
1996,
Pub.
L.
No.
104-193,
§115,
shall
not
apply
to
an
applicant
for
or
recipient
of
food
stamp
supplemental
nutrition
assistance
program
benefits
in
this
state.
However,
the
department
of
human
services
may
apply
contingent
eligibility
requirements
as
provided
under
state
law
and
allowed
under
federal
law.
3.
Upon
request
by
the
department
of
human
services
,
the
department
of
inspections
and
appeals
shall
conduct
investigations
into
possible
fraudulent
practices,
as
described
in
section
234.13
,
relating
to
food
programs
administered
by
the
department
of
human
services
.
Sec.
675.
Section
234.12A,
Code
2023,
is
amended
to
read
as
follows:
234.12A
Electronic
benefits
transfer
program.
1.
The
department
of
human
services
shall
maintain
an
electronic
benefits
transfer
program
utilizing
electronic
funds
transfer
systems
for
the
food
supplemental
nutrition
assistance
program.
The
electronic
benefits
transfer
program
implemented
under
this
section
shall
not
require
a
retailer
to
make
cash
disbursements
or
to
provide,
purchase,
or
upgrade
electronic
funds
transfer
system
equipment
as
a
condition
of
participation
in
the
program.
2.
A
point-of-sale
terminal
which
is
used
only
for
purchases
from
a
retailer
by
electronic
benefits
transfer
utilizing
electronic
funds
transfer
systems
is
not
a
satellite
terminal
as
defined
in
section
527.2
.
Senate
File
514,
p.
383
3.
For
the
purposes
of
this
section
,
“retailer”
means
a
business
authorized
by
the
United
States
department
of
agriculture
to
accept
food
supplemental
nutrition
assistance
program
benefits.
Sec.
676.
Section
234.13,
Code
2023,
is
amended
to
read
as
follows:
234.13
Fraudulent
practices
relating
to
food
programs.
For
the
purposes
of
this
section
,
unless
the
context
otherwise
requires,
“benefit
transfer
instrument”
means
a
food
stamp
supplemental
nutrition
assistance
program
coupon,
authorization-to-purchase
card,
or
electronic
benefits
transfer
card.
A
person
commits
a
fraudulent
practice
if
that
person
does
any
of
the
following:
1.
With
intent
to
gain
financial
assistance
to
which
that
person
is
not
entitled,
knowingly
makes
or
causes
to
be
made
a
false
statement
or
representation
or
knowingly
fails
to
report
to
an
employee
of
the
department
of
human
services
any
change
in
income,
resources
or
other
circumstances
affecting
that
person’s
entitlement
to
such
financial
assistance.
2.
As
a
beneficiary
of
the
food
programs,
transfers
any
food
stamp
supplemental
nutrition
assistance
program
benefit
transfer
instrument
to
any
other
individual
with
intent
that
the
benefit
transfer
instrument
be
used
for
the
benefit
of
someone
other
than
persons
within
the
beneficiary’s
food
stamp
supplemental
nutrition
assistance
program
household
as
certified
by
the
department
of
human
services
.
3.
Knowingly
acquires,
uses
or
attempts
to
use
any
food
stamp
supplemental
nutrition
assistance
program
benefit
transfer
instrument
which
was
not
issued
for
the
benefit
of
that
person’s
food
stamp
supplemental
nutrition
assistance
program
household
by
the
department
of
human
services
,
or
by
an
agency
administering
food
programs
in
another
state.
4.
Acquires,
alters,
transfers,
or
redeems
a
food
stamp
supplemental
nutrition
assistance
benefit
transfer
instrument
or
possesses
a
benefit
transfer
instrument,
knowing
that
the
benefit
transfer
instrument
has
been
received,
transferred,
or
used
in
violation
of
this
section
or
the
provisions
of
the
federal
food
stamp
supplemental
nutrition
assistance
program
under
7
U.S.C.
ch.
51
or
the
federal
regulations
issued
pursuant
Senate
File
514,
p.
384
to
that
chapter.
Sec.
677.
Section
234.14,
Code
2023,
is
amended
to
read
as
follows:
234.14
Federal
grants.
The
state
treasurer
is
hereby
authorized
to
may
receive
such
federal
funds
as
may
be
made
available
for
carrying
out
any
of
the
activities
and
functions
of
the
state
division
department
under
this
chapter
,
and
all
such
funds
are
hereby
appropriated
for
expenditure
upon
authorization
of
the
administrator
director
.
Sec.
678.
Section
234.21,
Code
2023,
is
amended
to
read
as
follows:
234.21
Services
to
be
offered.
The
state
division
department
may
offer,
provide
to
,
or
purchase
family
planning
and
birth
control
services
to
for
every
person
who
is
an
eligible
applicant
or
recipient
of
service
services
or
any
financial
assistance
from
the
department
of
human
services
,
or
who
is
receiving
federal
supplementary
security
income
as
defined
in
section
249.1
.
Sec.
679.
Section
234.22,
Code
2023,
is
amended
to
read
as
follows:
234.22
Extent
of
services.
Such
The
family
planning
and
birth
control
services
may
include
interview
interviews
with
trained
personnel;
distribution
of
literature;
referral
to
a
licensed
physician
or
physician
assistant
for
consultation,
examination,
tests,
medical
treatment,
and
prescription
prescriptions
;
and,
to
the
extent
so
prescribed,
the
distribution
of
rhythm
charts,
drugs,
medical
preparations,
contraceptive
devices,
and
similar
products.
Sec.
680.
Section
234.23,
Code
2023,
is
amended
to
read
as
follows:
234.23
Charge
for
services.
In
making
provision
for
and
offering
such
services,
the
state
division
department
may
charge
those
persons
to
whom
family
planning
and
birth
control
services
are
rendered
a
fee
sufficient
to
reimburse
the
state
division
department
all
or
any
portion
of
the
costs
of
the
services
rendered.
Sec.
681.
Section
234.35,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
385
follows:
234.35
When
state
to
pay
foster
care
costs.
1.
The
department
of
human
services
is
responsible
for
paying
the
cost
of
foster
care
for
a
child,
according
to
rates
established
pursuant
to
section
234.38
,
under
any
of
the
following
circumstances:
a.
When
a
court
has
committed
the
child
to
the
director
of
human
services
or
the
director’s
designee.
b.
When
a
court
has
transferred
legal
custody
of
the
child
to
the
department
of
human
services
.
c.
When
the
department
has
agreed
to
provide
foster
care
services
for
the
child
for
a
period
of
not
more
than
ninety
days
on
the
basis
of
a
signed
placement
agreement
between
the
department
and
the
child’s
parent
or
guardian.
d.
When
the
child
has
been
placed
in
emergency
care
for
a
period
of
not
more
than
thirty
days
upon
approval
of
the
director
or
the
director’s
designee.
e.
When
a
court
has
entered
an
order
transferring
the
legal
custody
of
the
child
to
a
foster
care
placement
pursuant
to
section
232.46
,
section
232.52,
subsection
2
,
paragraph
“d”
,
or
section
232.102,
subsection
1
.
However,
payment
shall
not
be
made
for
a
group
foster
care
placement
unless
the
group
foster
care
meets
requirements
as
established
by
the
department
by
rule.
f.
When
the
department
has
agreed
to
provide
foster
care
services
for
a
child
who
is
eighteen
years
of
age
or
older
on
the
basis
of
a
signed
placement
agreement
between
the
department
and
the
child
or
the
person
acting
on
behalf
of
the
child.
g.
When
the
department
has
agreed
to
provide
foster
care
services
for
the
child
on
the
basis
of
a
signed
placement
agreement
initiated
before
July
1,
1992,
between
the
department
and
the
child’s
parent
or
guardian.
h.
When
the
child
is
placed
in
shelter
care
pursuant
to
section
232.20,
subsection
1
,
or
section
232.21
.
2.
Except
as
provided
under
section
234.38
for
direct
payment
of
foster
parents,
payment
for
foster
care
costs
shall
be
limited
to
foster
care
providers
with
whom
the
department
has
a
contract
in
force.
3.
Payment
for
foster
care
services
provided
to
a
child
Senate
File
514,
p.
386
who
is
eighteen
years
of
age
or
older
shall
be
limited
to
the
following:
a.
Family
foster
care
or
supervised
apartment
living
arrangements.
b.
For
a
child
who
is
at
imminent
risk
of
becoming
homeless
or
failing
to
graduate
from
high
school
or
to
obtain
a
general
education
development
diploma,
if
the
services
are
in
the
child’s
best
interest,
funding
is
available
for
the
services,
and
an
appropriate
alternative
service
is
unavailable.
Sec.
682.
Section
234.37,
Code
2023,
is
amended
to
read
as
follows:
234.37
Department
may
establish
accounts
for
certain
children.
The
department
of
human
services
is
authorized
to
may
establish
an
account
in
the
name
of
any
child
committed
to
the
director
of
human
services
or
the
director’s
designee,
or
whose
legal
custody
has
been
transferred
to
the
department,
or
who
is
voluntarily
placed
in
foster
care
pursuant
to
section
234.35
.
Any
money
which
the
child
receives
from
the
United
States
government
or
any
private
source
shall
be
placed
in
the
child’s
account,
unless
a
guardian
of
the
child’s
property
has
been
appointed
and
demands
the
money,
in
which
case
it
shall
be
paid
to
the
guardian.
The
account
shall
be
maintained
by
the
department
as
trustee
for
the
child
in
an
interest-bearing
account
at
a
reputable
bank
or
savings
association,
except
that
if
the
child
is
residing
at
an
institution
administered
by
the
department
a
limited
amount
of
the
child’s
funds
may
be
maintained
in
a
separate
account,
which
need
not
be
interest
bearing,
in
the
child’s
name
at
the
institution.
Any
money
held
in
an
account
in
the
child’s
name
or
in
trust
for
the
child
under
this
section
may
be
used,
at
the
discretion
of
the
department
and
subject
to
restrictions
lawfully
imposed
by
the
United
States
government
or
other
source
from
which
the
child
receives
the
funds,
for
the
purchase
of
personal
incidentals,
desires
and
comforts
of
the
child.
All
of
the
money
held
for
a
child
by
the
department
under
this
section
and
not
used
in
the
child’s
behalf
as
authorized
by
law
shall
be
promptly
paid
to
the
child
or
the
child’s
parent
or
legal
guardian
upon
termination
of
the
commitment
of
the
child
to
the
director
or
Senate
File
514,
p.
387
the
director’s
designee,
or
upon
transfer
or
cessation
of
legal
custody
of
the
child
by
the
department.
Sec.
683.
Section
234.38,
Code
2023,
is
amended
to
read
as
follows:
234.38
Foster
care
reimbursement
rates.
The
department
of
human
services
shall
make
reimbursement
payments
directly
to
foster
parents
for
services
provided
to
children
pursuant
to
section
234.6,
subsection
1
,
paragraph
“e”
,
subparagraph
(2),
or
section
234.35
.
In
any
fiscal
year,
the
reimbursement
rate
shall
be
based
upon
sixty-five
percent
of
the
United
States
department
of
agriculture
estimate
of
the
cost
to
raise
a
child
in
the
calendar
year
immediately
preceding
the
fiscal
year.
The
department
may
pay
an
additional
stipend
for
a
child
with
special
needs.
Sec.
684.
Section
234.39,
Code
2023,
is
amended
to
read
as
follows:
234.39
Responsibility
for
cost
of
services.
1.
It
is
the
intent
of
this
chapter
that
an
individual
receiving
foster
care
services
and
the
individual’s
parents
or
guardians
shall
have
primary
responsibility
for
paying
the
cost
of
the
care
and
services.
The
support
obligation
established
and
adopted
under
this
section
shall
be
consistent
with
the
limitations
on
legal
liability
established
under
sections
222.78
and
230.15
,
and
by
any
other
statute
limiting
legal
responsibility
for
support
which
may
be
imposed
on
a
person
for
the
cost
of
care
and
services
provided
by
the
department.
The
department
shall
notify
an
individual’s
parents
or
guardians,
at
the
time
of
the
placement
of
an
individual
in
foster
care,
of
the
responsibility
for
paying
the
cost
of
care
and
services.
Support
obligations
shall
be
established
as
follows:
a.
For
an
individual
to
whom
section
234.35,
subsection
1
,
is
applicable,
a
dispositional
order
of
the
juvenile
court
requiring
the
provision
of
foster
care,
or
an
administrative
order
entered
pursuant
to
chapter
252C
,
or
any
order
establishing
paternity
and
support
for
a
child
in
foster
care,
shall
establish,
after
notice
and
a
reasonable
opportunity
to
be
heard
is
provided
to
a
parent
or
guardian,
the
amount
of
the
parent’s
or
guardian’s
support
obligation
for
the
cost
of
foster
care
provided
by
the
department.
The
amount
of
the
parent’s
or
Senate
File
514,
p.
388
guardian’s
support
obligation
and
the
amount
of
support
debt
accrued
and
accruing
shall
be
established
in
accordance
with
the
child
support
guidelines
prescribed
under
section
598.21B
.
However,
the
court,
or
the
department
of
human
services
in
establishing
support
by
administrative
order,
may
deviate
from
the
prescribed
obligation
after
considering
a
recommendation
by
the
department
for
expenses
related
to
goals
and
objectives
of
a
case
permanency
plan
as
defined
under
section
237.15
,
and
upon
written
findings
of
fact
which
specify
the
reason
for
deviation
and
the
prescribed
guidelines
amount.
Any
order
for
support
shall
direct
the
payment
of
the
support
obligation
to
the
collection
services
center
for
the
use
of
the
department’s
foster
care
recovery
unit
services
.
The
order
shall
be
filed
with
the
clerk
of
the
district
court
in
which
the
responsible
parent
or
guardian
resides
and
has
the
same
force
and
effect
as
a
judgment
when
entered
in
the
judgment
docket
and
lien
index.
The
collection
services
center
shall
disburse
the
payments
pursuant
to
the
order
and
record
the
disbursements.
If
payments
are
not
made
as
ordered,
the
child
support
recovery
unit
services
may
certify
a
default
to
the
court
and
the
court
may,
on
its
own
motion,
proceed
under
section
598.22
or
598.23
or
the
child
support
recovery
unit
services
may
enforce
the
judgment
as
allowed
by
law.
An
order
entered
under
this
paragraph
may
be
modified
only
in
accordance
with
the
guidelines
prescribed
under
section
598.21C
,
or
under
chapter
252H
.
b.
For
an
individual
who
is
served
by
the
department
of
human
services
under
section
234.35
,
and
is
not
subject
to
a
dispositional
order
of
the
juvenile
court
requiring
the
provision
of
foster
care,
the
department
shall
determine
the
obligation
of
the
individual’s
parent
or
guardian
pursuant
to
chapter
252C
and
in
accordance
with
the
child
support
guidelines
prescribed
under
section
598.21B
.
However,
the
department
may
adjust
the
prescribed
obligation
for
expenses
related
to
goals
and
objectives
of
a
case
permanency
plan
as
defined
under
section
237.15
.
An
obligation
determined
under
this
paragraph
may
be
modified
only
in
accordance
with
conditions
under
section
598.21C
,
or
under
chapter
252H
.
2.
A
person
entitled
to
periodic
support
payments
pursuant
to
an
order
or
judgment
entered
in
any
action
for
support,
Senate
File
514,
p.
389
who
also
is
or
has
a
child
receiving
foster
care
services,
is
deemed
to
have
assigned
to
the
department
current
and
accruing
support
payments
attributable
to
the
child
effective
as
of
the
date
the
child
enters
foster
care
placement,
to
the
extent
of
expenditure
of
foster
care
funds.
The
department
shall
notify
the
clerk
of
the
district
court
when
a
child
entitled
to
support
payments
is
receiving
foster
care
services
pursuant
to
chapter
234
.
Upon
notification
by
the
department
that
a
child
entitled
to
periodic
support
payments
is
receiving
foster
care
services,
the
clerk
of
the
district
court
shall
make
a
notation
of
the
automatic
assignment
in
the
judgment
docket
and
lien
index.
The
notation
constitutes
constructive
notice
of
assignment.
The
clerk
of
court
shall
furnish
the
department
with
copies
of
all
orders
and
decrees
awarding
support
when
the
child
is
receiving
foster
care
services.
At
the
time
the
child
ceases
to
receive
foster
care
services,
the
assignment
of
support
shall
be
automatically
terminated.
Unpaid
support
accrued
under
the
assignment
of
support
rights
during
the
time
that
the
child
was
in
foster
care
remains
due
to
the
department
up
to
the
amount
of
unreimbursed
foster
care
funds
expended.
The
department
shall
notify
the
clerk
of
court
of
the
automatic
termination
of
the
assignment.
Unless
otherwise
specified
in
the
support
order,
an
equal
and
proportionate
share
of
any
child
support
awarded
shall
be
presumed
to
be
payable
on
behalf
of
each
child
subject
to
the
order
or
judgment
for
purposes
of
an
assignment
under
this
section
.
3.
The
support
debt
for
the
costs
of
services,
for
which
a
support
obligation
is
established
pursuant
to
this
section
,
which
accrues
prior
to
the
establishment
of
the
support
debt,
shall
be
collected,
at
a
maximum,
in
the
amount
which
is
the
amount
of
accrued
support
debt
for
the
three
months
preceding
the
earlier
of
the
following:
a.
The
provision
by
the
child
support
recovery
unit
services
of
the
initial
notice
to
the
parent
or
guardian
of
the
amount
of
the
support
obligation.
b.
The
date
that
the
written
request
for
a
court
hearing
is
received
by
the
child
support
recovery
unit
services
as
provided
in
section
252C.3
or
252F.3
.
4.
If
the
department
makes
a
subsidized
guardianship
payment
Senate
File
514,
p.
390
for
a
child,
the
payment
shall
be
considered
a
foster
care
payment
for
purposes
of
child
support
recovery
services
.
All
provisions
of
this
and
other
sections,
and
of
rules
and
orders
adopted
or
entered
pursuant
to
those
sections,
including
for
the
establishment
of
a
paternity
or
support
order,
for
the
amount
of
a
support
obligation,
for
the
modification
or
adjustment
of
a
support
obligation,
for
the
assignment
of
support,
and
for
enforcement
shall
apply
as
if
the
child
were
receiving
foster
care
services,
or
were
in
foster
care
placement,
or
as
if
foster
care
funds
were
being
expended
for
the
child.
This
subsection
shall
apply
regardless
of
the
date
of
placement
in
foster
care
or
subsidized
guardianship
or
the
date
of
entry
of
an
order,
and
foster
care
and
subsidized
guardianship
shall
be
considered
the
same
for
purposes
of
child
support
recovery
services
.
Sec.
685.
Section
234.40,
Code
2023,
is
amended
to
read
as
follows:
234.40
Corporal
punishment.
The
department
of
human
services
shall
adopt
rules
prohibiting
corporal
punishment
of
foster
children
by
foster
parents
licensed
by
the
department.
The
rules
shall
allow
foster
parents
to
use
reasonable
physical
force
to
restrain
a
foster
child
in
order
to
prevent
injury
to
the
foster
child,
injury
to
others,
the
destruction
of
property,
or
extremely
disruptive
behavior.
For
the
purposes
of
this
section
,
“corporal
punishment”
means
the
intentional
physical
punishment
of
a
foster
child.
A
foster
parent’s
physical
contact
with
the
body
of
a
foster
child
shall
not
be
considered
corporal
punishment
if
the
contact
is
reasonable
and
necessary
under
the
circumstances
and
is
not
designed
or
intended
to
cause
pain
or
if
the
foster
parent
uses
reasonable
force,
as
defined
under
section
704.1
.
Sec.
686.
Section
234.41,
Code
2023,
is
amended
to
read
as
follows:
234.41
Tort
actions.
A
foster
parent
licensed
by
the
department
of
human
services
stands
in
the
same
relationship
to
the
foster
parent’s
minor
foster
child,
for
purposes
of
tort
actions
by
or
on
behalf
of
the
foster
child
against
the
foster
parent,
as
a
biological
parent
to
the
biological
parent’s
minor
child
who
resides
at
Senate
File
514,
p.
391
home.
This
section
does
not
apply
to
a
foster
parent
whose
malicious,
willful
and
wanton
conduct
causes
injury
or
damage
to
a
foster
child
or
exposes
the
foster
child
to
a
danger
caused
by
violation
of
a
statute
or
the
rules
of
the
department
of
human
services
.
Sec.
687.
Section
234.45,
Code
2023,
is
amended
to
read
as
follows:
234.45
Iowa
marriage
initiative
grant
fund.
1.
An
Iowa
marriage
initiative
grant
fund
is
established
in
the
state
treasury
under
the
authority
of
the
department
of
human
services
.
The
grant
fund
shall
consist
of
moneys
appropriated
to
the
fund
and
notwithstanding
section
8.33
such
moneys
shall
not
revert
to
the
fund
from
which
appropriated
at
the
close
of
the
fiscal
year
but
shall
remain
in
the
Iowa
marriage
initiative
grant
fund.
Moneys
credited
to
the
fund
shall
be
used
as
directed
in
appropriations
made
by
the
general
assembly
for
funding
of
services
to
support
marriage
and
to
encourage
the
formation
and
maintenance
of
two-parent
families
that
are
secure
and
nurturing.
2.
It
is
the
intent
of
the
general
assembly
to
credit
to
the
Iowa
marriage
initiative
grant
fund,
federal
moneys
provided
to
the
state
for
the
express
purpose
of
supporting
marriage
or
two-parent
families.
Sec.
688.
Section
234.46,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
division
department
shall
establish
a
preparation
for
adult
living
program
directed
to
young
adults.
The
purpose
of
the
program
is
to
assist
persons
who
are
leaving
foster
care
and
other
court-ordered
services
at
age
eighteen
or
older
in
making
the
transition
to
self-sufficiency.
The
department
shall
adopt
rules
necessary
for
administration
of
the
program,
including
but
not
limited
to
eligibility
criteria
for
young
adult
participation
and
the
services
and
other
support
available
under
the
program.
The
rules
shall
provide
for
participation
of
each
person
who
meets
the
definition
of
young
adult
on
the
same
basis,
regardless
of
whether
federal
financial
participation
is
provided.
The
services
and
other
support
available
under
the
program
may
include
but
are
not
limited
to
any
of
the
following:
Sec.
689.
Section
234.47,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
392
follows:
234.47
State
child
care
assistance
and
adoption
subsidy
programs
——
expenditure
projections.
The
department
of
human
services
,
the
department
of
management,
and
the
legislative
services
agency
shall
utilize
a
joint
process
to
arrive
at
consensus
projections
for
expenditures
for
the
state
child
care
assistance
program
under
section
237A.13
and
adoption
subsidy
and
other
assistance
provided
under
section
600.17
.
Sec.
690.
Section
235.1,
Code
2023,
is
amended
to
read
as
follows:
235.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Administrator”
means
the
same
as
defined
in
section
234.1
.
2.
1.
“Child”
means
the
same
as
defined
in
section
234.1
.
3.
2.
“Child
welfare
services”
means
social
welfare
services
for
the
protection
and
care
of
children
who
are
homeless,
dependent
or
neglected,
or
in
danger
of
becoming
delinquent,
or
who
have
a
mental
illness
or
an
intellectual
disability
or
other
developmental
disability,
including,
when
necessary,
care
and
maintenance
in
a
foster
care
facility.
Child
welfare
services
are
designed
to
serve
a
child
in
the
child’s
home
whenever
possible.
If
not
possible,
and
the
child
is
placed
outside
the
child’s
home,
the
placement
should
be
in
the
least
restrictive
setting
available
and
in
close
proximity
to
the
child’s
home.
4.
“State
division”
means
the
same
as
defined
in
section
234.1
.
3.
“Department”
means
the
department
of
health
and
human
services.
4.
“Director”
means
the
director
of
health
and
human
services.
Sec.
691.
Section
235.2,
Code
2023,
is
amended
to
read
as
follows:
235.2
Powers
and
duties
of
state
division
department
.
The
state
division
department
,
in
addition
to
all
other
powers
and
duties
given
it
the
department
by
law,
shall:
Senate
File
514,
p.
393
1.
Administer
and
enforce
the
provisions
of
this
chapter
.
2.
Join
and
cooperate
with
the
government
of
the
United
States
through
its
appropriate
agency
or
instrumentality
or
with
any
other
officer
or
agency
of
the
federal
government
in
planning,
establishing,
extending
and
strengthening
public
and
private
child
welfare
services
within
the
state.
3.
Make
such
investigations
Investigate
and
to
obtain
such
information
as
will
to
permit
the
administrator
director
to
determine
the
need
for
public
child
welfare
services
within
the
state
and
within
the
several
county
departments
thereof
.
4.
Apply
for
and
receive
any
funds
which
are
or
may
be
allotted
to
the
state
by
the
United
States
or
any
agency
thereof
of
the
United
States
for
the
purpose
of
developing
child
welfare
services.
5.
Make
such
reports
and
budget
estimates
to
the
governor
and
to
the
general
assembly
as
are
required
by
law
or
such
as
are
necessary
and
proper
to
obtain
the
appropriation
of
state
funds
for
child
welfare
services
within
the
state
and
for
all
the
purposes
of
this
chapter
.
6.
Cooperate
with
the
several
county
departments
within
the
state,
and
all
county
boards
of
supervisors
and
other
public
or
private
agencies
charged
with
the
protection
and
care
of
children,
in
the
development
of
child
welfare
services.
7.
Aid
in
the
enforcement
of
all
laws
of
the
state
for
the
protection
and
care
of
children.
8.
Cooperate
with
the
juvenile
courts
of
the
state
and
with
the
other
administrators
and
divisions
of
the
subunits
within
the
department
of
human
services
regarding
the
management
and
control
of
state
institutions
and
the
inmates
thereof
of
the
institutions
.
Sec.
692.
Section
235.3,
Code
2023,
is
amended
to
read
as
follows:
235.3
Powers
and
duties
of
administrator
director
.
The
administrator
director
shall:
1.
Plan
and
supervise
all
public
child
welfare
services
and
activities
within
the
state
as
provided
by
this
chapter
.
2.
Make
such
reports
and
obtain
and
furnish
such
information
from
time
to
time
as
may
be
necessary
to
permit
cooperation
by
the
state
division
director
with
the
United
States
children’s
Senate
File
514,
p.
394
bureau,
the
social
security
administration,
or
any
other
federal
agency
which
is
now
or
may
hereafter
be
charged
with
any
duty
regarding
child
care
or
child
welfare
services.
3.
Adopt
rules
as
necessary
or
advisable
for
the
supervision
of
the
private
child-caring
agencies
or
their
officers
which
the
administrator
department
is
empowered
to
license
and
supervise.
4.
Supervise
private
institutions
for
the
care
of
dependent,
neglected,
and
delinquent
children,
and
make
reports
regarding
the
institutions.
5.
Designate
and
approve
the
private
and
county
institutions
within
the
state
to
which
neglected,
dependent,
and
delinquent
children
may
be
legally
committed
and
to
have
supervision
of
,
supervise
the
care
of
children
committed
thereto
to
these
institutions
,
and
have
the
right
of
visitation
to
visit
and
inspection
of
said
inspect
these
institutions
at
all
times.
6.
Receive
and
keep
on
file
annual
reports
from
all
institutions
to
which
children
subject
to
the
jurisdiction
of
the
juvenile
court
are
committed,
compile
statistics
regarding
juvenile
delinquency,
make
reports
regarding
juvenile
delinquency,
and
study
prevention
and
cure
of
juvenile
delinquency.
7.
Require
and
receive
from
the
clerks
of
the
courts
of
record
within
the
state
duplicates
of
the
findings
of
the
courts
upon
petitions
for
adoption,
and
keep
records
and
compile
statistics
regarding
adoptions.
8.
License
private
child-placing
agencies,
make
reports
regarding
them
the
agencies
,
and
revoke
such
licenses.
9.
Make
such
rules
and
regulations
as
may
be
necessary
for
the
distribution
and
use
of
funds
appropriated
for
child
welfare
services.
Sec.
693.
Section
235.4,
Code
2023,
is
amended
to
read
as
follows:
235.4
Licenses.
Licenses
issued
to
private
boarding
homes
for
children
and
private
child-placing
agencies
by
the
administrator
department
shall
remain
in
effect
for
the
period
for
which
issued,
unless
sooner
revoked
according
to
law.
Thereafter
each
of
such
the
agencies
shall
apply
to
the
administrator
department
for
a
new
license,
and
shall
submit
to
such
rules
regarding
licensing
as
Senate
File
514,
p.
395
the
administrator
prescribes
prescribed
by
the
department
.
Sec.
694.
Section
235.7,
Code
2023,
is
amended
to
read
as
follows:
235.7
Transition
committees.
1.
Committees
established.
The
department
of
human
services
shall
establish
and
maintain
local
transition
committees
to
address
the
transition
needs
of
those
children
receiving
child
welfare
services
who
are
age
sixteen
or
older
and
have
a
case
permanency
plan
as
defined
in
section
232.2
.
The
department
shall
adopt
rules
establishing
criteria
for
transition
committee
membership,
operating
policies,
and
basic
functions.
The
rules
shall
provide
flexibility
for
a
committee
to
adopt
protocols
and
other
procedures
appropriate
for
the
geographic
area
addressed
by
the
committee.
2.
Membership.
The
department
may
authorize
the
governance
boards
of
decategorization
of
child
welfare
and
juvenile
justice
funding
projects
established
under
section
232.188
to
appoint
the
transition
committee
membership
and
may
utilize
the
boundaries
of
decategorization
projects
to
establish
the
service
areas
for
transition
committees.
The
committee
membership
may
include
but
is
not
limited
to
department
of
human
services
staff
involved
with
foster
care,
child
welfare,
and
adult
services,
juvenile
court
services
staff,
staff
involved
with
county
general
assistance
or
emergency
relief
under
chapter
251
or
252
,
or
a
regional
administrator
of
the
county
mental
health
and
disability
services
region,
as
defined
in
section
331.388
,
in
the
area,
school
district
and
area
education
agency
staff
involved
with
special
education,
and
a
child’s
court
appointed
special
advocate,
guardian
ad
litem,
service
providers,
and
other
persons
knowledgeable
about
the
child.
3.
Duties.
A
transition
committee
shall
review
and
approve
the
written
plan
of
services
required
for
the
child’s
case
permanency
plan
in
accordance
with
section
232.2,
subsection
4
,
paragraph
“g”
,
which,
based
upon
an
assessment
of
the
child’s
needs,
would
assist
the
child
in
preparing
for
the
transition
from
foster
care
to
adulthood.
In
addition,
a
transition
committee
shall
identify
and
act
to
address
any
gaps
existing
in
the
services
or
other
support
available
to
meet
the
child
and
adult
needs
of
individuals
for
whom
service
plans
are
approved.
Senate
File
514,
p.
396
Sec.
695.
Section
235A.1,
Code
2023,
is
amended
to
read
as
follows:
235A.1
Child
abuse
prevention
program.
1.
a.
A
program
for
the
prevention
of
child
abuse
is
established
within
the
state
department
of
health
and
human
services.
Any
moneys
appropriated
by
the
general
assembly
for
child
abuse
prevention
shall
be
used
by
the
department
of
human
services
solely
for
the
purposes
of
child
abuse
prevention
and
shall
not
be
expended
for
treatment
or
other
service
delivery
programs
regularly
maintained
by
the
department.
Moneys
appropriated
for
child
abuse
prevention
shall
be
used
by
the
department
through
contract
with
an
agency
or
organization
which
shall
administer
the
funds
with
maximum
use
of
voluntary
administrative
services
for
the
following:
(1)
Matching
federal
funds
to
purchase
services
relating
to
community-based
programs
for
the
prevention
of
child
abuse
and
neglect.
(2)
Funding
the
establishment
or
expansion
of
community-based
prevention
projects
or
educational
programs
for
the
prevention
of
child
abuse
and
neglect.
(3)
To
study
and
evaluate
Studying
and
evaluating
community-based
prevention
projects
and
educational
programs
for
the
problems
of
families
and
children.
b.
Funds
for
the
programs
or
projects
shall
be
applied
for
and
received
by
a
community-based
volunteer
coalition
or
council.
2.
The
director
of
health
and
human
services
may
accept
grants,
gifts,
and
bequests
from
any
source
for
the
purposes
designated
in
subsection
1
.
The
director
shall
remit
funds
so
received
to
the
treasurer
of
state
who
shall
deposit
them
the
funds
in
the
general
fund
of
the
state
for
the
use
of
the
child
abuse
prevention
program.
Sec.
696.
Section
235A.2,
Code
2023,
is
amended
to
read
as
follows:
235A.2
Child
abuse
prevention
program
fund.
1.
A
child
abuse
prevention
program
fund
is
created
in
the
state
treasury
under
the
control
of
the
department
of
health
and
human
services.
The
fund
is
composed
of
moneys
appropriated
or
available
to
and
obtained
or
accepted
by
the
treasurer
of
Senate
File
514,
p.
397
state
for
deposit
in
the
fund.
The
fund
shall
include
moneys
transferred
to
the
fund
pursuant
to
an
income
tax
checkoff
provided
in
chapter
422,
subchapter
II
,
if
applicable.
All
interest
earned
on
moneys
in
the
fund
shall
be
credited
to
and
remain
in
the
fund.
Section
8.33
does
not
apply
to
moneys
in
the
fund.
2.
Moneys
in
the
fund
that
are
authorized
by
the
department
for
expenditure
are
appropriated,
and
shall
be
used,
for
the
purposes
described
in
section
235A.1
of
preventing
child
abuse
and
neglect.
Sec.
697.
NEW
SECTION
.
235A.3
Child
abuse
prevention
program
advisory
committee.
The
council
on
health
and
human
services
shall
establish
a
child
abuse
prevention
program
advisory
committee
to
support
the
child
abuse
prevention
program
implemented
in
accordance
with
section
235A.1.
The
duties
of
the
advisory
committee
shall
include
all
of
the
following:
1.
Advise
the
director
of
health
and
human
services
regarding
expenditures
of
funds
received
for
the
child
abuse
prevention
program.
2.
Review
the
implementation
and
effectiveness
of
legislation
and
administrative
rules
concerning
the
child
abuse
prevention
program.
3.
Recommend
changes
in
legislation
and
administrative
rules
to
the
general
assembly
and
the
appropriate
department
officials.
4.
Require
reports
from
state
agencies
and
other
entities
as
necessary
to
perform
its
duties.
5.
Receive
and
review
complaints
from
the
public
concerning
the
operation
and
management
of
the
child
abuse
prevention
program.
6.
Approve
grant
proposals.
Sec.
698.
Section
235A.13,
Code
2023,
is
amended
to
read
as
follows:
235A.13
Definitions.
The
definitions
in
section
232.68
are
applicable
to
this
subchapter
unless
the
context
otherwise
requires.
As
used
in
chapter
232,
subchapter
III,
part
2
,
and
this
subchapter
,
unless
the
context
otherwise
requires:
Senate
File
514,
p.
398
1.
“Assessment
data”
means
any
of
the
following
information
pertaining
to
the
department’s
evaluation
of
a
family:
a.
Identification
of
the
strengths
and
needs
of
the
child,
and
of
the
child’s
parent,
home,
and
family.
b.
Identification
of
services
available
from
the
department
and
informal
and
formal
services
and
other
support
available
in
the
community
to
meet
identified
strengths
and
needs.
2.
“Child
abuse
information”
means
any
or
all
of
the
following
data
maintained
by
the
department
in
a
manual
or
automated
data
storage
system
and
individually
identified:
a.
Report
data.
b.
Assessment
data.
c.
Disposition
data.
3.
“Confidentiality”
means
the
withholding
of
information
from
any
manner
of
communication,
public
or
private.
4.
“Department”
means
the
department
of
health
and
human
services.
5.
“Director”
means
the
director
of
health
and
human
services.
6.
“Disposition
data”
means
information
pertaining
to
an
opinion
or
decision
as
to
the
occurrence
of
child
abuse,
including:
a.
Any
intermediate
or
ultimate
opinion
or
decision
reached
by
assessment
personnel.
b.
Any
opinion
or
decision
reached
in
the
course
of
judicial
proceedings.
c.
The
present
status
of
any
case.
6.
7.
“Expungement”
means
the
process
of
destroying
child
abuse
information.
7.
8.
“Individually
identified”
means
any
report,
assessment,
or
disposition
data
which
names
the
person
or
persons
responsible
or
believed
responsible
for
the
child
abuse.
8.
9.
“Multidisciplinary
team”
means
a
group
of
individuals
who
possess
knowledge
and
skills
related
to
the
diagnosis,
assessment,
and
disposition
of
child
abuse
cases
and
who
are
professionals
practicing
in
the
disciplines
of
medicine,
nursing,
public
health,
substance
abuse
use
disorder
,
domestic
violence,
mental
health,
social
work,
child
development,
Senate
File
514,
p.
399
education,
law,
juvenile
probation,
or
law
enforcement,
or
a
group
established
pursuant
to
section
235B.1,
subsection
1
.
9.
10.
“Near
fatality”
means
an
injury
to
a
child
that,
as
certified
by
a
physician
or
physician
assistant,
placed
the
child
in
serious
or
critical
condition.
10.
11.
“Report
data”
means
any
of
the
following
information
pertaining
to
an
assessment
of
an
allegation
of
child
abuse
in
which
the
department
has
determined
the
alleged
child
abuse
meets
the
definition
of
child
abuse:
a.
The
name
and
address
of
the
child
and
the
child’s
parents
or
other
persons
responsible
for
the
child’s
care.
b.
The
age
of
the
child.
c.
The
nature
and
extent
of
the
injury,
including
evidence
of
any
previous
injury.
d.
Additional
information
as
to
the
nature,
extent,
and
cause
of
the
injury,
and
the
identity
of
the
person
or
persons
alleged
to
be
responsible
for
the
injury.
e.
The
names
and
conditions
of
other
children
in
the
child’s
home.
f.
A
recording
made
of
an
interview
conducted
under
chapter
232
in
association
with
a
child
abuse
assessment.
g.
Any
other
information
believed
to
be
helpful
in
establishing
the
information
in
paragraph
“d”
.
11.
12.
“Sealing”
means
the
process
of
removing
child
abuse
information
from
authorized
access
as
provided
by
this
chapter
.
Sec.
699.
Section
235A.14,
Code
2023,
is
amended
to
read
as
follows:
235A.14
Creation
and
maintenance
of
a
central
registry.
1.
There
is
created
within
the
state
department
of
human
services
a
central
registry
for
certain
child
abuse
information.
The
department
shall
organize
and
staff
the
registry
and
adopt
rules
for
its
operation.
2.
The
registry
shall
collect,
maintain
and
disseminate
child
abuse
information
as
provided
for
by
this
chapter
.
3.
The
department
shall
maintain
a
toll-free
telephone
line,
which
shall
be
available
on
a
twenty-four
hour
a
day
twenty-four-hour-a-day
,
seven-day
a
week
seven-day-a-week
basis
and
which
the
department
of
human
services
and
all
other
persons
may
use
to
report
cases
of
suspected
child
abuse
and
that
all
Senate
File
514,
p.
400
persons
authorized
by
this
chapter
may
use
for
obtaining
child
abuse
information.
4.
An
oral
report
of
suspected
child
abuse
initially
made
to
the
central
registry
shall
be
immediately
transmitted
by
the
department
to
the
appropriate
county
department
of
social
human
services
or
law
enforcement
agency,
or
both.
5.
The
registry,
upon
receipt
of
a
report
of
suspected
child
abuse,
shall
search
the
records
of
the
registry,
and
if
the
records
of
the
registry
reveal
any
previous
report
of
child
abuse
involving
the
same
child
or
any
other
child
in
the
same
family,
or
if
the
records
reveal
any
other
pertinent
information
with
respect
to
the
same
child
or
any
other
child
in
the
same
family,
the
appropriate
office
of
the
department
of
human
services
or
law
enforcement
agency
shall
be
immediately
notified
of
that
fact.
6.
The
central
registry
shall
include
report
data
and
disposition
data
which
is
subject
to
placement
in
the
central
registry
under
section
232.71D
.
The
central
registry
shall
not
include
assessment
data.
Sec.
700.
Section
235A.15,
subsection
2,
paragraph
b,
subparagraphs
(2)
and
(4),
Code
2023,
are
amended
to
read
as
follows:
(2)
To
an
employee
or
agent
of
the
department
of
human
services
responsible
for
the
assessment
of
a
child
abuse
report.
(4)
To
a
multidisciplinary
team,
or
to
parties
to
an
interagency
agreement
entered
into
pursuant
to
section
280.25
,
if
the
department
of
human
services
approves
the
composition
of
the
multidisciplinary
team
or
the
relevant
provisions
of
the
interagency
agreement
and
determines
that
access
to
the
team
or
to
the
parties
to
the
interagency
agreement
is
necessary
to
assist
the
department
in
the
diagnosis,
assessment,
and
disposition
of
a
child
abuse
case.
Sec.
701.
Section
235A.15,
subsection
2,
paragraph
c,
subparagraph
(8),
Code
2023,
is
amended
to
read
as
follows:
(8)
To
an
administrator
of
an
agency
certified
by
the
department
of
human
services
to
provide
services
under
a
medical
assistance
home
and
community-based
services
waiver,
if
the
data
concerns
a
person
employed
by
or
being
considered
by
the
agency
for
employment.
Senate
File
514,
p.
401
Sec.
702.
Section
235A.15,
subsection
2,
paragraph
e,
subparagraphs
(6),
(8),
and
(12),
Code
2023,
are
amended
to
read
as
follows:
(6)
To
the
attorney
for
the
department
of
human
services
who
is
responsible
for
representing
the
department.
(8)
To
an
employee
or
agent
of
the
department
of
human
services
regarding
a
person
who
is
providing
child
care
if
the
person
is
not
registered
or
licensed
to
operate
a
child
care
facility.
(12)
To
the
department
of
human
services
for
a
record
check
relating
to
employment
or
residence
pursuant
to
section
218.13
.
Sec.
703.
Section
235A.15,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
If
the
director
of
human
services
receives
a
written
request
for
information
regarding
a
specific
case
of
child
abuse
involving
a
fatality
or
near
fatality
to
a
child
from
the
majority
or
minority
leader
of
the
senate
or
the
speaker
or
the
minority
leader
of
the
house
of
representatives,
the
director
or
the
director’s
designee
shall
arrange
for
a
confidential
meeting
with
the
requestor
or
the
requestor’s
designee.
In
the
confidential
meeting
the
director
or
the
director’s
designee
shall
share
all
pertinent
information
concerning
the
case,
including
but
not
limited
to
child
abuse
information.
Any
written
document
distributed
by
the
director
or
the
director’s
designee
at
the
confidential
meeting
shall
not
be
removed
from
the
meeting
and
a
participant
in
the
meeting
shall
be
subject
to
the
restriction
on
redissemination
of
confidential
information
applicable
to
a
person
under
section
235A.17,
subsection
3
,
for
confidential
information
disclosed
to
the
participant
at
the
meeting.
A
participant
in
the
meeting
may
issue
a
report
to
the
governor
or
make
general
public
statements
concerning
the
department’s
handling
of
the
case
of
child
abuse.
Sec.
704.
Section
235A.15,
subsection
9,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
If,
apart
from
a
request
made
pursuant
to
subsection
7
or
8
,
the
department
receives
from
a
member
of
the
public
a
request
for
information
relating
to
a
case
of
founded
child
abuse
involving
a
fatality
or
near
fatality
to
a
child,
the
response
to
the
request
shall
be
made
in
accordance
with
this
subsection
Senate
File
514,
p.
402
and
subsections
10
and
11
.
If
the
request
is
received
before
or
during
performance
of
an
assessment
of
the
case
in
accordance
with
section
232.71B
,
the
director
of
human
services
or
the
director’s
designee
shall
initially
disclose
whether
or
not
the
assessment
will
be
or
is
being
performed.
Otherwise,
within
five
business
days
of
receiving
the
request
or
completing
the
assessment,
whichever
is
later,
the
director
of
human
services
or
the
director’s
designee
shall
consult
with
the
county
attorney
responsible
for
prosecution
of
any
alleged
perpetrator
of
the
fatality
or
near
fatality
and
shall
disclose
information,
including
but
not
limited
to
child
abuse
information,
relating
to
the
case,
except
for
the
following:
Sec.
705.
Section
235A.15,
subsection
10,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
information
released
by
the
director
of
human
services
or
the
director’s
designee
pursuant
to
a
request
made
under
subsection
9
relating
to
a
case
of
founded
child
abuse
involving
a
fatality
or
near
fatality
to
a
child
shall
include
all
of
the
following,
unless
such
information
is
excepted
from
disclosure
under
subsection
9
:
Sec.
706.
Section
235A.15,
subsection
11,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
If
release
of
social
services
information
in
addition
to
that
released
under
subsection
10
,
paragraph
“c”
,
is
believed
to
be
in
the
public’s
interest
and
right
to
know,
the
director
of
human
services
or
the
director’s
designee
may
apply
to
the
court
under
section
235A.24
requesting
a
review
of
the
information
proposed
for
release
and
an
order
authorizing
release
of
the
information.
A
release
of
information
that
would
otherwise
be
confidential
under
section
217.30
concerning
social
services
provided
to
the
child
or
the
child’s
family
shall
not
include
information
concerning
financial
or
medical
assistance
provided
to
the
child
or
the
child’s
family.
Sec.
707.
Section
235A.15,
subsection
12,
Code
2023,
is
amended
to
read
as
follows:
12.
If
an
individual
who
is
the
subject
of
a
child
abuse
report
listed
in
subsection
2
,
paragraph
“a”
,
or
another
party
involved
in
an
assessment
under
section
232.71B
releases
in
a
public
forum
or
to
the
media
information
concerning
a
case
of
Senate
File
514,
p.
403
child
abuse
including
but
not
limited
to
child
abuse
information
which
would
otherwise
be
confidential,
the
director
of
human
services,
or
the
director’s
designee
,
may
respond
with
relevant
information
concerning
the
case
of
child
abuse
that
was
the
subject
of
the
release.
Prior
to
releasing
the
response,
the
director
or
the
director’s
designee
shall
consult
with
the
child’s
parent
or
guardian,
or
the
child’s
guardian
ad
litem,
and
apply
to
the
court
under
section
235A.24
requesting
a
review
of
the
information
proposed
for
release
and
an
order
authorizing
release
of
the
information.
Sec.
708.
Section
235A.16,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Subsections
1
and
2
do
not
apply
to
child
abuse
information
that
is
disseminated
to
an
employee
of
the
department
of
human
services
,
to
a
juvenile
court,
or
to
the
attorney
representing
the
department
as
authorized
by
section
235A.15
.
Sec.
709.
Section
235A.17,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
department
of
human
services
may
notify
orally
the
mandatory
reporter
in
an
individual
child
abuse
case
of
the
results
of
the
case
assessment
and
of
the
confidentiality
provisions
of
sections
235A.15
and
235A.21
.
The
department
shall
subsequently
transmit
a
written
notice
to
the
mandatory
reporter
of
the
results
and
confidentiality
provisions.
If
the
report
data
and
disposition
data
have
been
placed
in
the
registry
as
founded
child
abuse
pursuant
to
section
232.71D
,
a
copy
of
the
written
notice
shall
be
transmitted
to
the
registry
and
shall
be
maintained
by
the
registry
as
provided
in
section
235A.18
.
Otherwise,
a
copy
of
the
written
notice
shall
be
retained
by
the
department
with
the
case
file.
Sec.
710.
Section
235A.17,
subsection
3,
paragraph
b,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
Department
of
human
services
information
described
in
section
217.30,
subsection
2
.
Sec.
711.
Section
235A.18,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
department
of
human
services
shall
adopt
rules
establishing
the
period
of
time
child
abuse
information
which
Senate
File
514,
p.
404
is
not
maintained
in
the
central
registry
is
retained
by
the
department.
Sec.
712.
Section
235A.22,
Code
2023,
is
amended
to
read
as
follows:
235A.22
Education
program.
The
department
of
human
services
shall
require
an
educational
program
for
employees
of
the
department
with
access
to
child
abuse
information
on
the
proper
use
and
control
of
child
abuse
information.
Sec.
713.
Section
235A.23,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
department
of
human
services
may
compile
statistics,
conduct
research,
and
issue
reports
on
child
abuse,
provided
identifying
details
of
the
subject
of
child
abuse
reports
are
deleted
from
any
report
issued.
Sec.
714.
Section
235A.24,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
director
of
human
services
or
the
director’s
designee
may
apply,
if
the
conditions
under
section
235A.15,
subsection
11
or
12
,
are
met,
to
the
court
requesting
a
review
of
confidential
information
proposed
for
release
and
an
order
authorizing
the
release
of
information.
A
release
of
information
that
would
otherwise
be
confidential
under
section
217.30
concerning
social
services
provided
to
the
child
or
the
child’s
family
shall
not
include
information
concerning
financial
or
medical
assistance
provided
to
the
child
or
the
child’s
family.
Sec.
715.
Section
235B.1,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
a.
The
establishment
of
a
dependent
adult
protective
advisory
council.
The
advisory
council
shall
do
all
of
the
following:
(1)
Advise
the
director
of
human
services,
the
director
of
the
department
on
aging
,
the
director
of
inspections
and
appeals,
and
the
director
of
public
health,
the
director
of
the
department
of
corrections
,
and
the
director
of
human
rights
regarding
dependent
adult
abuse.
(2)
Evaluate
state
law
and
rules
and
make
recommendations
to
the
general
assembly
and
to
executive
branch
departments
Senate
File
514,
p.
405
regarding
laws
and
rules
concerning
dependent
adults.
(3)
Receive
and
review
recommendations
and
complaints
from
the
public,
health
care
facilities,
and
health
care
programs
concerning
the
dependent
adult
abuse
services
program.
b.
(1)
The
advisory
council
shall
consist
of
twelve
members.
Eight
members
shall
be
appointed
by
and
serve
at
the
pleasure
of
the
governor.
Four
of
the
members
appointed
shall
be
appointed
on
the
basis
of
knowledge
and
skill
related
to
expertise
in
the
area
of
dependent
adult
abuse
including
professionals
practicing
in
the
disciplines
of
medicine,
public
health,
mental
health,
long-term
care,
social
work,
law,
and
law
enforcement.
Two
of
the
members
appointed
shall
be
members
of
the
general
public
with
an
interest
in
the
area
of
dependent
adult
abuse
and
two
of
the
members
appointed
shall
be
members
of
the
Iowa
caregivers
association.
In
addition,
the
membership
of
the
council
shall
include
the
director
or
the
director’s
designee
of
the
department
of
human
services,
the
department
on
aging,
the
Iowa
department
of
public
health,
and
the
department
of
inspections
and
appeals.
(2)
The
members
of
the
advisory
council
shall
be
appointed
to
terms
of
four
years
beginning
May
1.
Appointments
shall
comply
with
sections
69.16
and
69.16A
.
Vacancies
shall
be
filled
in
the
same
manner
as
the
original
appointment.
(3)
Members
shall
receive
actual
expenses
incurred
while
serving
in
their
official
capacity.
(4)
The
advisory
council
shall
select
a
chairperson,
annually,
from
its
membership.
Sec.
716.
Section
235B.2,
Code
2023,
is
amended
to
read
as
follows:
235B.2
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Caretaker”
means
a
related
or
nonrelated
person
who
has
the
responsibility
for
the
protection,
care,
or
custody
of
a
dependent
adult
as
a
result
of
assuming
the
responsibility
voluntarily,
by
contract,
through
employment,
or
by
order
of
the
court.
2.
“Court”
means
the
district
court.
3.
“Department”
means
the
department
of
health
and
human
Senate
File
514,
p.
406
services.
4.
“Dependent
adult”
means
a
person
eighteen
years
of
age
or
older
who
is
unable
to
protect
the
person’s
own
interests
or
unable
to
adequately
perform
or
obtain
services
necessary
to
meet
essential
human
needs,
as
a
result
of
a
physical
or
mental
condition
which
requires
assistance
from
another,
or
as
defined
by
departmental
rule.
5.
a.
“Dependent
adult
abuse”
means:
(1)
Any
of
the
following
as
a
result
of
the
willful
or
negligent
acts
or
omissions
of
a
caretaker:
(a)
Physical
injury
to,
or
injury
which
is
at
a
variance
with
the
history
given
of
the
injury,
or
unreasonable
confinement,
unreasonable
punishment,
or
assault
of
a
dependent
adult.
(b)
The
commission
of
a
sexual
offense
under
chapter
709
or
section
726.2
with
or
against
a
dependent
adult.
(c)
Exploitation
of
a
dependent
adult
which
means
the
act
or
process
of
taking
unfair
advantage
of
a
dependent
adult
or
the
adult’s
physical
or
financial
resources,
without
the
informed
consent
of
the
dependent
adult,
including
theft,
by
the
use
of
undue
influence,
harassment,
duress,
deception,
false
representation,
or
false
pretenses.
(d)
The
deprivation
of
the
minimum
food,
shelter,
clothing,
supervision,
physical
or
mental
health
care,
or
other
care
necessary
to
maintain
a
dependent
adult’s
life
or
health.
(2)
The
deprivation
of
the
minimum
food,
shelter,
clothing,
supervision,
physical
or
mental
health
care,
and
other
care
necessary
to
maintain
a
dependent
adult’s
life
or
health
as
a
result
of
the
acts
or
omissions
of
the
dependent
adult.
(3)
(a)
Sexual
exploitation
of
a
dependent
adult
by
a
caretaker.
(b)
“Sexual
exploitation”
means
any
consensual
or
nonconsensual
sexual
conduct
with
a
dependent
adult
which
includes
but
is
not
limited
to
kissing;
touching
of
the
clothed
or
unclothed
inner
thigh,
breast,
groin,
buttock,
anus,
pubes,
or
genitals;
or
a
sex
act,
as
defined
in
section
702.17
.
“Sexual
exploitation”
includes
the
transmission,
display,
taking
of
electronic
images
of
the
unclothed
breast,
groin,
buttock,
anus,
pubes,
or
genitals
of
a
dependent
adult
by
a
caretaker
for
Senate
File
514,
p.
407
a
purpose
not
related
to
treatment
or
diagnosis
or
as
part
of
an
ongoing
assessment,
evaluation,
or
investigation.
Sexual
exploitation
does
not
include
touching
which
is
part
of
a
necessary
examination,
treatment,
or
care
by
a
caretaker
acting
within
the
scope
of
the
practice
or
employment
of
the
caretaker;
the
exchange
of
a
brief
touch
or
hug
between
the
dependent
adult
and
a
caretaker
for
the
purpose
of
reassurance,
comfort,
or
casual
friendship;
or
touching
between
spouses.
(4)
(a)
Personal
degradation
of
a
dependent
adult
by
a
caretaker.
(b)
(i)
“Personal
degradation”
means
a
willful
act
or
statement
by
a
caretaker
intended
to
shame,
degrade,
humiliate,
or
otherwise
harm
the
personal
dignity
of
a
dependent
adult,
or
where
the
caretaker
knew
or
reasonably
should
have
known
the
act
or
statement
would
cause
shame,
degradation,
humiliation,
or
harm
to
the
personal
dignity
of
a
reasonable
person.
“Personal
degradation”
includes
the
taking,
transmission,
or
display
of
an
electronic
image
of
a
dependent
adult
by
a
caretaker,
where
the
caretaker’s
actions
constitute
a
willful
act
or
statement
intended
to
shame,
degrade,
humiliate,
or
otherwise
harm
the
personal
dignity
of
the
dependent
adult,
or
where
the
caretaker
knew
or
reasonably
should
have
known
the
act
would
cause
shame,
degradation,
humiliation,
or
harm
to
the
personal
dignity
of
a
reasonable
person.
(ii)
“Personal
degradation”
does
not
include
any
of
the
following:
(A)
The
taking,
transmission,
or
display
of
an
electronic
image
of
a
dependent
adult
for
the
purpose
of
reporting
dependent
adult
abuse
to
law
enforcement,
the
department,
or
any
other
regulatory
agency
that
oversees
caretakers
or
enforces
abuse
or
neglect
provisions,
or
for
the
purpose
of
treatment
or
diagnosis
or
as
part
of
an
ongoing
investigation.
(B)
The
taking,
transmission,
or
display
of
an
electronic
image
by
a
caretaker
who
takes,
transmits,
or
displays
the
electronic
image
in
accordance
with
the
confidentiality
policy
and
release
of
information
or
consent
policies
of
a
contractor,
employer,
or
facility
or
program
not
covered
under
section
235E.1,
subsection
5
,
paragraph
“a”
,
subparagraph
(3).
(C)
A
statement
by
a
caretaker
who
is
the
spouse
of
a
Senate
File
514,
p.
408
dependent
adult
that
is
not
intended
to
shame,
degrade,
humiliate,
or
otherwise
harm
the
personal
dignity
of
the
dependent
adult
spouse.
b.
“Dependent
adult
abuse”
does
not
include
any
of
the
following:
(1)
Circumstances
in
which
the
dependent
adult
declines
medical
treatment
if
the
dependent
adult
holds
a
belief
or
is
an
adherent
of
a
religion
whose
tenets
and
practices
call
for
reliance
on
spiritual
means
in
place
of
reliance
on
medical
treatment.
(2)
Circumstances
in
which
the
dependent
adult’s
caretaker,
acting
in
accordance
with
the
dependent
adult’s
stated
or
implied
consent,
declines
medical
treatment
if
the
dependent
adult
holds
a
belief
or
is
an
adherent
of
a
religion
whose
tenets
and
practices
call
for
reliance
on
spiritual
means
in
place
of
reliance
on
medical
treatment.
(3)
The
withholding
or
withdrawing
of
health
care
from
a
dependent
adult
who
is
terminally
ill
in
the
opinion
of
a
licensed
physician,
when
the
withholding
or
withdrawing
of
health
care
is
done
at
the
request
of
the
dependent
adult
or
at
the
request
of
the
dependent
adult’s
next
of
kin,
attorney
in
fact,
or
guardian
pursuant
to
the
applicable
procedures
under
chapter
125
,
144A
,
144B
,
222
,
229
,
or
633
.
6.
“Director”
means
the
director
of
health
and
human
services.
7.
“Emergency
shelter
services”
means
and
includes,
but
is
not
limited
to,
secure
crisis
shelters
or
housing
for
victims
of
dependent
adult
abuse.
7.
8.
“Family
or
household
member”
means
a
spouse,
a
person
cohabiting
with
the
dependent
adult,
a
parent,
or
a
person
related
to
the
dependent
adult
by
consanguinity
or
affinity,
but
does
not
include
children
of
the
dependent
adult
who
are
less
than
eighteen
years
of
age.
8.
9.
“Immediate
danger
to
health
or
safety”
means
a
situation
in
which
death
or
severe
bodily
injury
could
reasonably
be
expected
to
occur
without
intervention.
9.
10.
“Individual
employed
as
an
outreach
person”
means
a
natural
person
who,
in
the
course
of
employment,
makes
regular
contacts
with
dependent
adults
regarding
available
community
Senate
File
514,
p.
409
resources.
10.
11.
“Legal
holiday”
means
a
legal
public
holiday
as
defined
in
section
1C.1
.
11.
12.
“Person”
means
person
as
defined
in
section
4.1
.
12.
13.
“Recklessly”
means
that
a
person
acts
or
fails
to
act
with
respect
to
a
material
element
of
a
public
offense,
when
the
person
is
aware
of
and
consciously
disregards
a
substantial
and
unjustifiable
risk
that
the
material
element
exists
or
will
result
from
the
act
or
omission.
The
risk
must
be
of
such
a
nature
and
degree
that
disregard
of
the
risk
constitutes
a
gross
deviation
from
the
standard
conduct
that
a
reasonable
person
would
observe
in
the
situation.
13.
14.
“Serious
injury”
means
the
same
as
defined
in
section
702.18
.
14.
15.
“Support
services”
includes
but
is
not
limited
to
community-based
services
including
area
agency
on
aging
assistance,
mental
health
services,
fiscal
management,
home
health
services,
housing-related
services,
counseling
services,
transportation
services,
adult
day
services,
respite
services,
legal
services,
and
advocacy
services.
Sec.
717.
Section
235B.3,
Code
2023,
is
amended
to
read
as
follows:
235B.3
Dependent
adult
abuse
reports.
1.
a.
(1)
The
department
shall
receive
dependent
adult
abuse
reports
and
shall
collect,
maintain,
and
disseminate
the
reports
by
establishing
a
central
registry
for
dependent
adult
abuse
information.
The
department
shall
evaluate
the
reports
expeditiously.
(2)
However,
the
department
of
inspections
and
appeals
is
solely
responsible
for
the
evaluation
and
disposition
of
dependent
adult
abuse
cases
within
facilities
and
programs
pursuant
to
chapter
235E
and
shall
inform
the
department
of
human
services
of
such
evaluations
and
dispositions
pursuant
to
section
235E.2
.
(3)
If,
in
the
course
of
an
assessment
or
evaluation
of
a
report
of
dependent
adult
abuse,
the
department
of
human
services
or
the
department
of
inspections
and
appeals
determines
the
case
involves
wages,
workplace
safety,
or
other
labor
and
employment
matters
under
the
jurisdiction
of
the
Senate
File
514,
p.
410
division
of
labor
services
of
the
department
of
workforce
development,
the
relevant
portions
of
the
case
shall
be
referred
to
the
division.
(4)
If,
in
the
course
of
an
assessment
or
evaluation
of
a
report
of
dependent
adult
abuse,
the
department
of
human
services
or
the
department
of
inspections
and
appeals
determines
that
the
case
involves
discrimination
under
the
jurisdiction
of
the
civil
rights
commission,
the
relevant
portions
of
the
case
shall
be
referred
to
the
commission.
b.
Reports
of
dependent
adult
abuse
which
is
the
result
of
the
acts
or
omissions
of
the
dependent
adult
shall
be
collected
and
maintained
in
the
files
of
the
dependent
adult
as
assessments
only
and
shall
not
be
included
in
the
central
registry.
c.
A
report
of
dependent
adult
abuse
that
meets
the
definition
of
dependent
adult
abuse
under
section
235B.2,
subsection
5
,
paragraph
“a”
,
subparagraph
(1),
subparagraph
division
(a)
or
(d),
or
section
235B.2,
subsection
5
,
paragraph
“a”
,
subparagraph
(4),
which
the
department
determines
is
minor,
isolated,
and
unlikely
to
reoccur
shall
be
collected
and
maintained
by
the
department
as
an
assessment
only
for
a
five-year
period
and
shall
not
be
included
in
the
central
registry
and
shall
not
be
considered
to
be
founded
dependent
adult
abuse.
However,
a
subsequent
report
of
dependent
adult
abuse
that
meets
the
definition
of
dependent
adult
abuse
under
section
235B.2,
subsection
5
,
paragraph
“a”
,
subparagraph
(1),
subparagraph
division
(a)
or
(d),
or
section
235B.2,
subsection
5
,
paragraph
“a”
,
subparagraph
(4),
that
occurs
within
the
five-year
period
and
that
is
committed
by
the
caretaker
responsible
for
the
act
or
omission
which
was
the
subject
of
the
previous
report
of
dependent
adult
abuse
which
the
department
determined
was
minor,
isolated,
and
unlikely
to
reoccur
shall
not
be
considered
minor,
isolated,
and
unlikely
to
reoccur.
2.
A
person
who,
in
the
course
of
employment,
examines,
attends,
counsels,
or
treats
a
dependent
adult
and
reasonably
believes
the
dependent
adult
has
suffered
abuse,
shall
report
the
suspected
dependent
adult
abuse
to
the
department.
Persons
required
to
report
include
all
of
the
following:
a.
A
member
of
the
staff
of
a
community
mental
health
Senate
File
514,
p.
411
center.
b.
A
peace
officer.
c.
An
in-home
homemaker-home
health
aide.
d.
An
individual
employed
as
an
outreach
person.
e.
A
health
practitioner,
as
defined
in
section
232.68
.
f.
A
member
of
the
staff
or
an
employee
of
a
supported
community
living
service,
sheltered
workshop,
or
work
activity
center.
g.
A
social
worker.
h.
A
certified
psychologist.
i.
A
massage
therapist
licensed
pursuant
to
chapter
152C
.
3.
a.
If
a
staff
member
or
employee
is
required
to
report
pursuant
to
this
section
,
the
person
shall
immediately
notify
the
department
and
shall
also
immediately
notify
the
person
in
charge
or
the
person’s
designated
agent.
b.
The
employer
or
supervisor
of
a
person
who
is
required
to
or
may
make
a
report
pursuant
to
this
section
shall
not
apply
a
policy,
work
rule,
or
other
requirement
that
interferes
with
the
person
making
a
report
of
dependent
adult
abuse
or
that
results
in
the
failure
of
another
person
to
make
the
report.
4.
An
employee
of
a
financial
institution
may
report
suspected
financial
exploitation
of
a
dependent
adult
to
the
department.
5.
Any
other
person
who
believes
that
a
dependent
adult
has
suffered
abuse
may
report
the
suspected
abuse
to
the
department
of
human
services
.
6.
Following
the
reporting
of
suspected
dependent
adult
abuse,
the
department
of
human
services
or
an
agency
approved
by
the
department
shall
complete
an
assessment
of
necessary
services
and
shall
make
appropriate
referrals
for
receipt
of
these
services.
The
assessment
shall
include
interviews
with
the
dependent
adult,
and,
if
appropriate,
with
the
alleged
perpetrator
of
the
dependent
adult
abuse
and
with
any
person
believed
to
have
knowledge
of
the
circumstances
of
the
case.
The
department
may
provide
necessary
protective
services
and
may
establish
a
sliding
fee
schedule
for
those
persons
able
to
pay
a
portion
of
the
protective
services.
7.
Upon
a
showing
of
probable
cause
that
a
dependent
adult
has
been
abused,
a
court
may
authorize
a
person,
also
authorized
Senate
File
514,
p.
412
by
the
department,
to
make
an
evaluation,
to
enter
the
residence
of,
and
to
examine
the
dependent
adult.
Upon
a
showing
of
probable
cause
that
a
dependent
adult
has
been
financially
exploited,
a
court
may
authorize
a
person,
also
authorized
by
the
department,
to
make
an
evaluation,
and
to
gain
access
to
the
financial
records
of
the
dependent
adult.
8.
If
the
department
determines
that
disclosure
is
necessary
for
the
protection
of
a
dependent
adult,
the
department
may
disclose
to
a
subject
of
a
dependent
adult
abuse
report
referred
to
in
section
235B.6,
subsection
2
,
paragraph
“a”
,
that
an
individual
is
listed
in
the
child
or
dependent
adult
abuse
registry
or
is
required
to
register
with
the
sex
offender
registry
in
accordance
with
chapter
692A
.
9.
If,
in
the
course
of
assessment,
evaluation,
or
investigation
of
a
report
of
dependent
adult
abuse,
the
department
determines
that
disclosure
is
necessary
for
the
protection
of
a
dependent
adult’s
resources,
the
department
may
disclose
the
initiation
and
status
of
the
dependent
adult
abuse
evaluation
to
the
dependent
adult’s
bank,
savings
association,
credit
union,
broker-dealer
as
defined
in
section
502.102,
subsection
4
,
investment
advisor
as
defined
in
section
502.102,
subsection
15
,
financial
advisor,
or
other
financial
institution,
or
the
administrator
as
defined
in
section
502.102,
subsection
1.
10.
The
department
shall
inform
the
appropriate
county
attorneys
of
any
reports
of
dependent
adult
abuse.
The
department
may
request
information
from
any
person
believed
to
have
knowledge
of
a
case
of
dependent
adult
abuse.
The
person,
including
but
not
limited
to
a
county
attorney,
a
law
enforcement
agency,
a
multidisciplinary
team,
a
social
services
agency
in
the
state,
or
any
person
who
is
required
pursuant
to
subsection
2
to
report
dependent
adult
abuse,
whether
or
not
the
person
made
the
specific
dependent
adult
abuse
report,
shall
cooperate
and
assist
in
the
evaluation
upon
the
request
of
the
department.
If
the
department’s
assessment
reveals
that
dependent
adult
abuse
exists
which
might
constitute
a
criminal
offense,
a
report
shall
be
made
to
the
appropriate
law
enforcement
agency.
County
attorneys
and
appropriate
law
enforcement
agencies
shall
also
take
any
other
lawful
action
Senate
File
514,
p.
413
necessary
or
advisable
for
the
protection
of
the
dependent
adult.
a.
If,
upon
completion
of
the
evaluation
or
upon
referral
from
the
department
of
inspections
and
appeals,
the
department
determines
that
the
best
interests
of
the
dependent
adult
require
court
action,
the
department
shall
initiate
action
for
the
appointment
of
a
guardian
or
conservator
or
for
admission
or
commitment
to
an
appropriate
institution
or
facility
pursuant
to
the
applicable
procedures
under
chapter
125
,
222
,
229
,
or
633
,
or
shall
pursue
other
remedies
provided
by
law.
The
appropriate
county
attorney
shall
assist
the
department
in
the
preparation
of
the
necessary
papers
to
initiate
the
action
and
shall
appear
and
represent
the
department
at
all
district
court
proceedings.
b.
The
department
shall
assist
the
court
during
all
stages
of
court
proceedings
involving
a
suspected
case
of
dependent
adult
abuse.
c.
In
every
case
involving
abuse
which
is
substantiated
by
the
department
and
which
results
in
a
judicial
proceeding
on
behalf
of
the
dependent
adult,
legal
counsel
shall
be
appointed
by
the
court
to
represent
the
dependent
adult
in
the
proceedings.
The
court
may
also
appoint
a
guardian
ad
litem
to
represent
the
dependent
adult
if
necessary
to
protect
the
dependent
adult’s
best
interests.
The
same
attorney
may
be
appointed
to
serve
both
as
legal
counsel
and
as
guardian
ad
litem.
Before
legal
counsel
or
a
guardian
ad
litem
is
appointed
pursuant
to
this
section
,
the
court
shall
require
the
dependent
adult
and
any
person
legally
responsible
for
the
support
of
the
dependent
adult
to
complete
under
oath
a
detailed
financial
statement.
If,
on
the
basis
of
that
financial
statement,
the
court
deems
that
the
dependent
adult
or
the
legally
responsible
person
is
able
to
bear
all
or
a
portion
of
the
cost
of
the
legal
counsel
or
guardian
ad
litem,
the
court
shall
so
order.
In
cases
where
the
dependent
adult
or
the
legally
responsible
person
is
unable
to
bear
the
cost
of
the
legal
counsel
or
guardian
ad
litem,
the
expense
shall
be
paid
by
the
county.
11.
A
person
participating
in
good
faith
in
reporting
or
cooperating
with
or
assisting
the
department
in
evaluating
a
case
of
dependent
adult
abuse
has
immunity
from
liability,
civil
Senate
File
514,
p.
414
or
criminal,
which
might
otherwise
be
incurred
or
imposed
based
upon
the
act
of
making
the
report
or
giving
the
assistance.
The
person
has
the
same
immunity
with
respect
to
participating
in
good
faith
in
a
judicial
proceeding
resulting
from
the
report
or
cooperation
or
assistance
or
relating
to
the
subject
matter
of
the
report,
cooperation,
or
assistance.
12.
It
shall
be
unlawful
for
any
person
or
employer
to
discharge,
suspend,
or
otherwise
discipline
a
person
required
to
report
or
voluntarily
reporting
an
instance
of
suspected
dependent
adult
abuse
pursuant
to
subsection
2
or
5
,
or
cooperating
with,
or
assisting
the
department
of
human
services
in
evaluating
a
case
of
dependent
adult
abuse,
or
participating
in
judicial
proceedings
relating
to
the
reporting
or
cooperation
or
assistance
based
solely
upon
the
person’s
reporting
or
assistance
relative
to
the
instance
of
dependent
adult
abuse.
A
person
or
employer
found
in
violation
of
this
subsection
is
guilty
of
a
simple
misdemeanor.
13.
A
person
required
by
this
section
to
report
a
suspected
case
of
dependent
adult
abuse
who
knowingly
and
willfully
fails
to
do
so
commits
a
simple
misdemeanor.
A
person
required
by
this
section
to
report
a
suspected
case
of
dependent
adult
abuse
who
knowingly
fails
to
do
so
or
who
knowingly,
in
violation
of
subsection
3
,
interferes
with
the
making
of
such
a
report
or
applies
a
requirement
that
results
in
such
a
failure
is
civilly
liable
for
the
damages
proximately
caused
by
the
failure.
14.
The
department
of
inspections
and
appeals
shall
adopt
rules
which
require
facilities
or
programs
to
separate
an
alleged
dependent
adult
abuser
from
a
victim
following
an
allegation
of
perpetration
of
abuse
and
prior
to
the
completion
of
an
investigation
of
the
allegation.
Sec.
718.
Section
235B.5,
Code
2023,
is
amended
to
read
as
follows:
235B.5
Creation
and
maintenance
of
a
central
registry.
1.
There
is
created
within
the
department
a
central
registry
for
dependent
adult
abuse
information.
The
department
shall
organize
and
staff
the
registry
and
adopt
rules
for
its
operation.
2.
The
registry
shall
collect,
maintain,
and
disseminate
dependent
adult
abuse
information
as
provided
in
this
chapter
.
Senate
File
514,
p.
415
3.
The
department
shall
maintain
a
toll-free
telephone
line,
which
shall
be
available
on
a
twenty-four-hour-a-day,
seven-day-a-week
basis
and
which
the
department
and
all
other
persons
may
use
to
report
cases
of
suspected
dependent
adult
abuse
and
that
all
persons
authorized
by
this
chapter
may
use
for
obtaining
dependent
adult
abuse
information.
4.
An
oral
report
of
suspected
dependent
adult
abuse
initially
made
to
the
central
registry
shall
be
immediately
transmitted
by
the
department
to
the
appropriate
county
department
of
human
services
or
law
enforcement
agency,
or
both.
5.
An
oral
report
of
suspected
dependent
adult
abuse
initially
made
to
the
central
registry
regarding
a
facility
or
program
as
defined
in
section
235E.1
shall
be
transmitted
by
the
department
to
the
department
of
inspections
and
appeals
on
the
first
working
day
following
the
submitting
of
the
report.
6.
The
registry,
upon
receipt
of
a
report
of
suspected
dependent
adult
abuse,
shall
search
the
records
of
the
registry,
and
if
the
records
of
the
registry
reveal
any
previous
report
of
dependent
adult
abuse
involving
the
same
adult
or
if
the
records
reveal
any
other
pertinent
information
with
respect
to
the
same
adult,
the
appropriate
office
of
the
department
of
human
services
or
the
appropriate
law
enforcement
agency
shall
be
immediately
notified
of
that
fact.
7.
The
central
registry
shall
include
but
not
be
limited
to
report
data,
investigation
data,
and
disposition
data.
Sec.
719.
Section
235B.6,
Code
2023,
is
amended
to
read
as
follows:
235B.6
Authorized
access.
1.
Notwithstanding
chapter
22
,
the
confidentiality
of
all
dependent
adult
abuse
information
shall
be
maintained,
except
as
specifically
provided
by
subsections
2
and
3
.
2.
Access
to
dependent
adult
abuse
information
other
than
unfounded
dependent
adult
abuse
information
is
authorized
only
to
the
following
persons:
a.
A
subject
of
a
report
including
all
of
the
following:
(1)
To
an
adult
named
in
a
report
as
a
victim
of
abuse
or
to
the
adult’s
attorney
or
guardian
ad
litem.
(2)
To
a
guardian
or
legal
custodian,
or
that
person’s
attorney,
of
an
adult
named
in
a
report
as
a
victim
of
abuse.
Senate
File
514,
p.
416
(3)
To
the
person
or
the
attorney
for
the
person
named
in
a
report
as
having
abused
an
adult.
b.
A
person
involved
in
an
investigation
of
dependent
adult
abuse
including
all
of
the
following:
(1)
A
health
practitioner
or
mental
health
professional
who
is
examining,
attending,
or
treating
an
adult
whom
such
practitioner
or
professional
believes
or
has
reason
to
believe
has
been
the
victim
of
abuse
or
to
a
health
practitioner
or
mental
health
professional
whose
consultation
with
respect
to
an
adult
believed
to
have
been
the
victim
of
abuse
is
requested
by
the
department.
(2)
An
employee
or
agent
of
the
department
responsible
for
the
investigation
of
a
dependent
adult
abuse
report
or
for
the
purpose
of
performing
record
checks
as
required
under
section
135C.33
.
(3)
A
representative
of
the
department
involved
in
the
certification
or
accreditation
of
an
agency
or
program
providing
care
or
services
to
a
dependent
adult
believed
to
have
been
a
victim
of
abuse.
(4)
A
law
enforcement
officer
responsible
for
assisting
in
an
investigation
of
a
dependent
adult
abuse
allegation.
(5)
A
multidisciplinary
team,
if
the
department
of
human
services
approves
the
composition
of
the
multidisciplinary
team
and
determines
that
access
to
the
team
is
necessary
to
assist
the
department
in
the
investigation,
diagnosis,
assessment,
and
disposition
of
a
case
of
dependent
adult
abuse.
(6)
The
mandatory
reporter
who
reported
the
dependent
adult
abuse
in
an
individual
case.
(7)
Each
board
specified
under
chapter
147
and
the
Iowa
department
of
public
health
for
the
purpose
of
licensure,
certification
or
registration,
disciplinary
investigation,
or
the
renewal
of
licensure,
certification
or
registration,
or
disciplinary
proceedings
of
health
care
professionals.
c.
A
person
providing
care
to
an
adult
including
all
of
the
following:
(1)
A
licensing
authority
for
a
facility,
including
a
facility
or
program
defined
in
section
235E.1
,
providing
care
to
an
adult
named
in
a
report.
(2)
A
person
authorized
as
responsible
for
the
care
or
Senate
File
514,
p.
417
supervision
of
an
adult
named
in
a
report
as
a
victim
of
abuse
or
a
person
named
in
a
report
as
having
abused
an
adult
if
the
court
or
registry
deems
access
to
dependent
adult
abuse
information
by
such
person
to
be
necessary.
(3)
An
employee
or
agent
of
the
department
responsible
for
registering
or
licensing
or
approving
the
registration
or
licensing
of
a
person,
or
to
an
individual
providing
care
to
an
adult
and
regulated
by
the
department.
(4)
The
legally
authorized
protection
and
advocacy
agency
recognized
pursuant
to
section
135C.2
if
a
person
identified
in
the
information
as
a
victim
or
a
perpetrator
of
abuse
resided
in
or
receives
services
from
a
facility,
including
a
facility
or
program
defined
in
section
235E.1
,
or
agency
because
the
person
is
diagnosed
as
having
a
developmental
disability
or
a
mental
illness.
(5)
To
an
administrator
of
an
agency
certified
by
the
department
of
human
services
to
provide
services
under
a
medical
assistance
home
and
community-based
services
waiver,
if
the
information
concerns
a
person
employed
by
or
being
considered
by
the
agency
for
employment.
(6)
To
the
administrator
of
an
agency
providing
mental
health,
intellectual
disability,
or
developmental
disability
services
under
a
regional
service
system
management
plan
implemented
in
accordance
with
section
331.393
,
if
the
information
concerns
a
person
employed
by
or
being
considered
by
the
agency
for
employment.
(7)
To
an
administrator
of
a
hospital
licensed
under
chapter
135B
if
the
data
concerns
a
person
employed
or
being
considered
for
employment
by
the
hospital.
(8)
An
employee
of
an
agency
requested
by
the
department
to
provide
case
management
or
other
services
to
the
dependent
adult.
d.
Relating
to
judicial
and
administrative
proceedings,
persons
including
all
of
the
following:
(1)
A
court
upon
a
finding
that
information
is
necessary
for
the
resolution
of
an
issue
arising
in
any
phase
of
a
case
involving
dependent
adult
abuse.
(2)
A
court
or
agency
hearing
an
appeal
for
correction
of
dependent
adult
abuse
information
as
provided
in
section
Senate
File
514,
p.
418
235B.10
.
(3)
An
expert
witness
or
a
witness
who
testifies
at
any
stage
of
an
appeal
necessary
for
correction
of
dependent
adult
abuse
information
as
provided
in
section
235B.10
.
(4)
A
court
or
administrative
agency
making
a
determination
regarding
an
unemployment
compensation
claim
pursuant
to
section
96.6
.
(5)
To
a
juvenile
court
involved
in
an
adjudication
or
disposition
of
a
child
that
is
the
subject
of
a
guardianship
proceeding
under
chapter
232D
.
(6)
To
a
district
court
upon
a
finding
that
data
is
necessary
for
the
resolution
of
an
issue
arising
in
any
phase
of
a
case
involving
proceedings
for
a
child
guardianship
under
chapter
232D
.
e.
Other
persons
including
all
of
the
following:
(1)
A
person
conducting
bona
fide
research
on
dependent
adult
abuse,
but
without
information
identifying
individuals
named
in
a
dependent
adult
abuse
report,
unless
having
that
information
open
to
review
is
essential
to
the
research
or
evaluation
and
the
authorized
registry
officials
give
prior
written
approval
and
the
adult,
the
adult’s
guardian
or
guardian
ad
litem,
and
the
person
named
in
a
report
as
having
abused
an
adult
give
permission
to
release
the
information.
(2)
Registry
or
department
personnel
when
necessary
to
the
performance
of
their
official
duties
or
a
person
or
agency
under
contract
with
the
department
to
carry
out
official
duties
and
functions
of
the
registry.
(3)
The
department
of
justice
for
the
sole
purpose
of
the
filing
of
a
claim
for
reparation
pursuant
to
sections
915.21
and
915.84
.
(4)
A
legally
constituted
adult
protection
agency
of
another
state
which
is
investigating
or
treating
an
adult
named
in
a
report
as
having
been
abused.
(5)
The
office
of
the
attorney
general.
(6)
A
health
care
facility
administrator
or
the
administrator’s
designee,
following
the
appeals
process,
for
the
purpose
of
hiring
staff
or
continued
employment
of
staff.
(7)
To
the
administrator
of
an
agency
providing
care
to
a
dependent
adult
in
another
state,
for
the
purpose
of
performing
Senate
File
514,
p.
419
an
employment
background
check.
(8)
To
the
superintendent,
or
the
superintendent’s
designee,
of
a
school
district
or
to
the
authorities
in
charge
of
an
accredited
nonpublic
school
for
purposes
of
a
volunteer
or
employment
record
check.
(9)
The
department
of
inspections
and
appeals
for
purposes
of
record
checks
of
applicants
for
employment
with
the
department
of
inspections
and
appeals.
(10)
The
state
or
a
local
long-term
care
ombudsman
if
the
victim
resides
in
or
the
alleged
perpetrator
is
an
employee
of
a
long-term
care
facility
as
defined
in
section
231.4
.
(11)
The
state
office
or
local
office
of
public
guardian
as
defined
in
section
231E.3
,
if
the
information
relates
to
the
provision
of
legal
services
for
a
client
served
by
the
state
or
local
office
of
public
guardian.
(12)
A
nursing
program
that
is
approved
by
the
state
board
of
nursing
under
section
152.5
,
if
the
information
relates
to
a
record
check
performed
pursuant
to
section
152.5A
.
(13)
To
the
board
of
educational
examiners
created
under
chapter
272
for
purposes
of
determining
whether
a
license,
certificate,
or
authorization
should
be
issued,
denied,
or
revoked.
(14)
The
department
on
aging
for
the
purposes
of
conducting
background
checks
of
applicants
for
employment
with
the
department
on
aging
.
(15)
To
the
Iowa
veterans
home
for
purposes
of
record
checks
of
potential
volunteers
and
volunteers
in
the
Iowa
veterans
home.
(16)
To
the
administrator
of
a
certified
nurse
aide
program,
if
the
data
relates
to
a
record
check
of
a
student
of
the
program
performed
pursuant
to
section
135C.33
.
(17)
To
the
administrator
of
a
juvenile
detention
or
shelter
care
home,
if
the
data
relates
to
a
record
check
of
an
existing
or
prospective
employee,
resident,
or
volunteer
for
or
in
the
home.
(18)
To
the
employer
or
prospective
employer
of
a
school
bus
driver
for
purposes
of
an
employment
record
check.
(19)
To
a
free
clinic
as
defined
in
section
135.24A
for
purposes
of
record
checks
of
potential
volunteers
and
existing
Senate
File
514,
p.
420
volunteers
at
the
free
clinic.
(20)
To
a
bank,
savings
association,
credit
union,
broker-dealer
as
defined
in
section
502.102,
subsection
4
,
investment
advisor
as
defined
in
section
502.102,
subsection
15
,
financial
advisor,
or
other
financial
institution
as
deemed
necessary
by
the
department
to
protect
the
dependent
adult’s
resources.
(21)
To
the
social
security
administration.
(22)
To
the
administrator
as
defined
in
section
502.102,
subsection
1
.
f.
To
a
person
who
submits
written
authorization
from
an
individual
allowing
the
person
access
to
information
on
the
determination
only
on
whether
or
not
the
individual
who
authorized
the
access
is
named
in
a
founded
dependent
adult
abuse
report
as
having
abused
a
dependent
adult.
3.
Access
to
unfounded
dependent
adult
abuse
information
is
authorized
only
to
those
persons
identified
in
subsection
2
,
paragraph
“a”
,
paragraph
“b”
,
subparagraphs
(2),
(5),
and
(6),
and
paragraph
“e”
,
subparagraphs
(2),
(5),
(10),
(20),
(21),
and
(22).
Sec.
720.
Section
235B.16,
Code
2023,
is
amended
to
read
as
follows:
235B.16
Information,
education,
and
training
requirements.
1.
The
department
on
aging,
in
cooperation
with
the
department,
shall
conduct
a
public
information
and
education
program.
The
elements
and
goals
of
the
program
include
but
are
not
limited
to:
a.
Informing
the
public
regarding
the
laws
governing
dependent
adult
abuse
and
the
reporting
requirements
for
dependent
adult
abuse.
b.
Providing
caretakers
with
information
regarding
services
to
alleviate
the
emotional,
psychological,
physical,
or
financial
stress
associated
with
the
caretaker
and
dependent
adult
relationship.
c.
Affecting
public
attitudes
regarding
the
role
of
a
dependent
adult
in
society.
2.
The
department,
in
cooperation
with
the
department
on
aging
and
the
department
of
inspections
and
appeals,
shall
institute
a
program
of
education
and
training
for
persons,
Senate
File
514,
p.
421
including
members
of
provider
groups
and
family
members,
who
may
come
in
contact
with
dependent
adult
abuse.
The
program
shall
include
but
is
not
limited
to
instruction
regarding
recognition
of
dependent
adult
abuse
and
the
procedure
for
the
reporting
of
suspected
abuse.
3.
The
content
of
the
continuing
education
required
pursuant
to
chapter
272C
for
a
licensed
professional
providing
care
or
service
to
a
dependent
adult
shall
include,
but
is
not
limited
to,
the
responsibilities,
obligations,
powers,
and
duties
of
a
person
regarding
the
reporting
of
suspected
dependent
adult
abuse,
and
training
to
aid
the
professional
in
identifying
instances
of
dependent
adult
abuse.
4.
The
department
of
inspections
and
appeals
shall
provide
training
to
investigators
regarding
the
collection
and
preservation
of
evidence
in
the
case
of
suspected
dependent
adult
abuse.
5.
a.
For
the
purposes
of
this
subsection
,
“licensing
board”
means
a
board
designated
in
section
147.13
,
the
board
of
educational
examiners
created
in
section
272.2
,
or
a
licensing
board
as
defined
in
section
272C.1
.
b.
A
person
required
to
report
cases
of
dependent
adult
abuse
pursuant
to
sections
235B.3
and
235E.2
,
other
than
a
physician
whose
professional
practice
does
not
regularly
involve
providing
primary
health
care
to
adults,
shall
complete
two
hours
of
training
relating
to
the
identification
and
reporting
of
dependent
adult
abuse
within
six
months
of
initial
employment
or
self-employment
which
involves
the
examination,
attending,
counseling,
or
treatment
of
adults
on
a
regular
basis.
Within
one
month
of
initial
employment
or
self-employment,
the
person
shall
obtain
a
statement
of
the
abuse
reporting
requirements
from
the
person’s
employer
or,
if
self-employed,
from
the
department.
The
person
shall
complete
at
least
two
hours
of
additional
dependent
adult
abuse
identification
and
reporting
training
every
three
years.
If
the
person
completes
at
least
one
hour
of
additional
dependent
adult
abuse
identification
and
reporting
training
prior
to
the
three-year
expiration
period,
the
person
shall
be
deemed
in
compliance
with
the
training
requirements
of
this
section
for
an
additional
three
years.
Senate
File
514,
p.
422
c.
The
core
training
curriculum
relating
to
the
identification
and
reporting
of
dependent
adult
abuse,
as
provided
in
paragraph
“b”
,
shall
be
developed
by
the
department
pursuant
to
subsection
2
and
provided
by
the
department.
d.
An
employer
of
a
person
required
to
report
cases
of
dependent
adult
abuse
pursuant
to
sections
235B.3
and
235E.2
may
provide
supplemental
training,
specific
to
the
identification
and
reporting
of
dependent
adult
abuse
as
it
relates
to
the
person’s
professional
practice,
in
addition
to
the
core
training
provided
by
the
department.
e.
A
licensing
board
with
authority
over
the
license
of
a
person
required
to
report
cases
of
dependent
adult
abuse
pursuant
to
sections
235B.3
and
235E.2
shall
require
as
a
condition
of
licensure
that
the
person
is
in
compliance
with
the
requirements
for
abuse
training
under
this
subsection
.
The
licensing
board
shall
require
the
person
upon
licensure
renewal
to
accurately
document
for
the
licensing
board
the
person’s
completion
of
the
training
requirements.
However,
the
licensing
board
may
adopt
rules
providing
for
waiver
or
suspension
of
the
compliance
requirements,
if
the
waiver
or
suspension
is
in
the
public
interest,
applicable
to
a
person
who
is
engaged
in
active
duty
in
the
military
service
of
this
state
or
of
the
United
States,
to
a
person
for
whom
compliance
with
the
training
requirements
would
impose
a
significant
hardship,
or
to
a
person
who
is
practicing
a
licensed
profession
outside
this
state
or
is
otherwise
subject
to
circumstances
that
would
preclude
the
person
from
encountering
dependent
adult
abuse
in
this
state.
f.
For
persons
required
to
report
cases
of
dependent
adult
abuse
pursuant
to
sections
235B.3
and
235E.2
,
who
are
not
engaged
in
a
licensed
profession
that
is
subject
to
the
authority
of
a
licensing
board
but
are
employed
by
a
facility
or
program
subject
to
licensure,
registration,
or
approval
by
a
state
agency,
the
agency
shall
require
as
a
condition
of
the
renewal
of
the
facility’s
or
program’s
licensure,
registration,
or
approval,
that
such
persons
employed
by
the
facility
or
program
are
in
compliance
with
the
training
requirements
of
this
subsection
.
g.
For
peace
officers,
the
elected
or
appointed
official
Senate
File
514,
p.
423
designated
as
the
head
of
the
agency
employing
the
peace
officer
shall
ensure
compliance
with
the
training
requirements
of
this
subsection
.
h.
For
persons
required
to
report
cases
of
dependent
adult
abuse
pursuant
to
sections
235B.3
and
235E.2
who
are
employees
of
state
departments
and
political
subdivisions
of
the
state,
the
department
director
or
the
chief
administrator
of
the
political
subdivision
shall
ensure
the
persons’
compliance
with
the
training
requirements
of
this
subsection
.
6.
The
department
shall
require
an
educational
program
for
employees
of
the
registry
on
the
proper
use
and
control
of
dependent
adult
abuse
information.
Sec.
721.
Section
235B.16A,
Code
2023,
is
amended
to
read
as
follows:
235B.16A
Dependent
adults
——
dependency
assessments
——
interagency
training.
1.
The
dependent
adult
protective
advisory
council
established
pursuant
to
section
235B.1
shall
recommend
a
uniform
assessment
instrument
and
process
for
adoption
and
use
by
the
department
of
human
services
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
.
2.
The
instrument
and
process
design
under
subsection
1
shall
address
but
is
not
limited
to
all
of
the
following:
a.
Evaluation
of
conformity
with
applicable
federal
law
and
regulations
on
the
part
of
the
persons
employing,
housing,
or
providing
services
to
the
dependent
adult.
b.
Provision
for
the
final
step
in
the
dependency
assessment
of
a
dependent
adult
to
be
a
formal
assessment
of
the
existence
of
risk
to
the
health
or
safety
of
the
individual
or
of
the
degree
of
the
individual’s
impairment
in
ability
under
the
definition
of
dependent
adult
in
section
235B.2
.
c.
If
the
assessment
under
paragraph
“b”
determines
that
a
risk
to
the
health
or
safety
of
the
individual
exists
or
the
individual
has
a
significant
impairment
in
ability,
and
the
individual
being
assessed
agrees,
provision
for
a
case
manager
to
be
assigned
to
assist
in
preparing
and
implementing
a
safety
Senate
File
514,
p.
424
plan
which
includes
protective
services
for
the
individual.
d.
If
the
assessment
under
paragraph
“b”
determines
that
a
risk
to
the
health
or
safety
of
the
individual
exists
or
the
individual
has
a
significant
impairment
in
ability,
the
individual
being
assessed
does
not
agree
to
the
safety
plan
provisions
under
paragraph
“c”
or
accept
other
services,
and
the
options
available
under
sections
235B.17
,
235B.18
,
and
235B.19
are
not
utilized,
provision
for
the
department
of
human
services
to
maintain
periodic
contact
with
the
individual
in
accordance
with
rules
adopted
for
this
purpose.
The
purpose
of
the
contact
is
to
assess
any
increased
risk
or
impairment
and
to
monitor
the
individual’s
goals,
feelings,
and
concerns
so
that
the
department
can
intervene
when
necessary
or
offer
services
and
other
support
to
maintain
or
sustain
the
individual’s
safety
and
independence
when
the
individual
is
ready
to
agree
to
a
safety
plan
or
accept
services.
3.
The
department
of
human
services
and
other
agencies
involved
with
assessing
a
dependent
adult’s
degree
of
dependency
and
whether
dependent
adult
abuse
has
occurred
shall
adopt
rules
and
take
other
steps
necessary
to
implement
the
uniform
assessment
instrument
and
process
addressed
by
this
section
on
or
before
July
1,
2010.
4.
The
department
of
human
services
shall
cooperate
with
the
department
on
aging,
the
departments
of
inspections
and
appeals,
public
health,
public
safety,
and
workforce
development,
the
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.
722.
Section
235E.2,
subsection
1,
paragraphs
a
and
c,
Code
2023,
are
amended
to
read
as
follows:
a.
The
department
shall
receive
and
evaluate
reports
of
dependent
adult
abuse
in
facilities
and
programs.
The
department
shall
inform
the
department
of
health
and
human
services
of
such
evaluations
and
dispositions
and
those
individuals
who
should
be
placed
on
the
central
registry
for
Senate
File
514,
p.
425
dependent
adult
abuse
pursuant
to
section
235E.7
.
If
the
department
believes
the
situation
involves
an
immediate
danger
to
the
public
health,
safety,
or
welfare
requiring
immediate
agency
action
to
seek
emergency
placement
on
the
central
registry,
the
department
may
utilize
emergency
adjudicative
proceedings
pursuant
to
section
17A.18A
.
c.
A
report
of
dependent
adult
abuse
that
meets
the
definition
of
dependent
adult
abuse
under
section
235E.1,
subsection
5
,
paragraph
“a”
,
subparagraph
(1),
subparagraph
division
(a)
or
(d),
or
section
235E.1,
subsection
5
,
paragraph
“a”
,
subparagraph
(3),
which
the
department
determines
is
minor,
isolated,
and
unlikely
to
reoccur
shall
be
collected
and
maintained
by
the
department
of
health
and
human
services
as
an
assessment
only
for
a
five-year
period
and
shall
not
be
included
in
the
central
registry
and
shall
not
be
considered
to
be
founded
dependent
adult
abuse.
A
subsequent
report
of
dependent
adult
abuse
that
meets
the
definition
of
dependent
adult
abuse
under
section
235E.1,
subsection
5
,
paragraph
“a”
,
subparagraph
(1),
subparagraph
division
(a)
or
(d),
or
section
235E.1,
subsection
5
,
paragraph
“a”
,
subparagraph
(3),
that
occurs
within
the
five-year
period,
and
that
is
committed
by
the
caretaker
responsible
for
the
act
or
omission
which
was
the
subject
of
the
previous
report
of
dependent
adult
abuse
which
the
department
determined
was
minor,
isolated,
and
unlikely
to
reoccur,
may
be
considered
minor,
isolated,
and
unlikely
to
reoccur
depending
on
the
circumstances
of
the
report.
Sec.
723.
Section
235E.2,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
Any
other
person
who
believes
that
a
dependent
adult
has
suffered
dependent
adult
abuse
may
report
the
suspected
dependent
adult
abuse
to
the
department
of
inspections
and
appeals.
The
department
of
inspections
and
appeals
shall
transfer
any
reports
received
of
dependent
adult
abuse
in
the
community
to
the
department
of
health
and
human
services.
The
department
of
health
and
human
services
shall
transfer
any
reports
received
of
dependent
adult
abuse
in
facilities
or
programs
to
the
department
of
inspections
and
appeals.
Sec.
724.
Section
235E.2,
subsection
6,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
426
a.
If,
upon
completion
of
an
investigation,
the
department
determines
that
the
best
interests
of
the
dependent
adult
require
court
action,
the
department
shall
notify
the
department
of
health
and
human
services
of
the
potential
need
for
a
guardian
or
conservator
or
for
admission
or
commitment
to
an
appropriate
institution
or
facility
pursuant
to
the
applicable
procedures
under
chapter
125
,
222
,
229
,
or
633
,
or
shall
pursue
other
remedies
provided
by
law.
The
appropriate
county
attorney
shall
assist
the
department
of
health
and
human
services
in
the
preparation
of
the
necessary
papers
to
initiate
the
action
and
shall
appear
and
represent
the
department
of
health
and
human
services
at
all
district
court
proceedings.
Sec.
725.
Section
235F.6,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
court
may
approve
a
consent
agreement
between
the
parties
entered
into
to
bring
about
the
cessation
of
elder
abuse.
A
consent
agreement
approved
under
this
section
shall
not
contain
any
of
the
following:
a.
A
provision
that
prohibits
any
party
to
the
action
from
contacting
or
cooperating
with
any
government
agency
including
the
department
of
health
and
human
services,
the
department
of
inspections
and
appeals,
the
department
on
aging,
the
department
of
justice,
law
enforcement,
and
the
office
of
long-term
care
ombudsman;
a
licensing
or
regulatory
agency
that
has
jurisdiction
over
any
license
or
certification
held
by
the
defendant;
a
protection
and
advocacy
agency
recognized
in
section
135C.2
;
or
the
defendant’s
current
employer
if
the
defendant’s
professional
responsibilities
include
contact
with
vulnerable
elders,
dependent
adults,
or
minors,
if
the
party
contacting
or
cooperating
has
a
good-faith
belief
that
the
information
is
relevant
to
the
duties
or
responsibilities
of
the
entity.
b.
A
provision
that
prohibits
any
party
to
the
action
from
filing
a
complaint
with
or
reporting
a
violation
of
law
to
any
government
agency
including
the
department
of
health
and
human
services,
the
department
of
inspections
and
appeals,
the
department
on
aging,
the
department
of
justice,
law
enforcement,
and
the
office
of
long-term
care
ombudsman;
a
licensing
or
regulatory
agency
that
has
jurisdiction
over
any
Senate
File
514,
p.
427
license
or
certification
held
by
the
defendant;
a
protection
and
advocacy
agency
recognized
in
section
135C.2
;
or
the
defendant’s
current
employer.
c.
A
provision
that
requires
any
party
to
the
action
to
withdraw
a
complaint
filed
with
or
a
violation
reported
to
any
government
agency
including
the
department
of
health
and
human
services,
the
department
of
inspections
and
appeals,
the
department
on
aging,
the
department
of
justice,
law
enforcement,
and
the
office
of
long-term
care
ombudsman;
a
licensing
or
regulatory
agency
that
has
jurisdiction
over
any
license
or
certification
held
by
the
defendant;
a
protection
and
advocacy
agency
recognized
in
section
135C.2
;
or
the
defendant’s
current
employer.
Sec.
726.
Section
237.1,
Code
2023,
is
amended
to
read
as
follows:
237.1
Definitions.
As
used
in
this
chapter
:
1.
“Administrator”
means
the
administrator
of
that
division
of
the
department
designated
by
the
director
of
human
services
to
administer
this
chapter
or
the
administrator’s
designee.
2.
1.
“Agency”
means
a
person,
as
defined
in
section
4.1,
subsection
20
,
which
provides
child
foster
care
and
which
does
not
meet
the
definition
of
an
individual
in
subsection
7
as
defined
under
this
section
.
3.
2.
“Child”
means
child
as
defined
in
section
234.1
,
subsection
2
.
4.
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
Senate
File
514,
p.
428
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.
“Department”
means
the
department
of
health
and
human
services.
6.
“Director”
means
the
director
of
health
and
human
services.
7.
“Facility”
means
the
personnel,
program,
physical
plant,
and
equipment
of
a
licensee.
7.
8.
“Individual”
means
an
individual
person
or
a
married
couple
who
provides
child
foster
care
in
a
single-family
home
environment
and
which
does
not
meet
the
definition
of
an
agency
in
subsection
2
under
this
section
.
8.
9.
“Licensee”
means
an
individual
or
an
agency
licensed
by
the
administrator
under
this
chapter
.
9.
10.
“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
Senate
File
514,
p.
429
shelter
care
home
approved
under
chapter
232
in
which
a
child
in
foster
care
has
been
placed.
Sec.
727.
Section
237.3,
Code
2023,
is
amended
to
read
as
follows:
237.3
Rules.
1.
Except
as
otherwise
provided
by
subsections
3
and
4
,
the
administrator
department
shall
promulgate,
after
their
adoption
by
the
council
on
human
services
,
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.
2.
Rules
applicable
to
licensees
shall
include
but
are
not
limited
to:
a.
Types
of
facilities
which
include
but
are
not
limited
to
group
foster
care
facilities
and
family
foster
care
homes.
b.
The
number,
qualifications,
character,
and
parenting
ability
of
personnel
necessary
to
assure
the
health,
safety
and
welfare
of
children
receiving
child
foster
care.
c.
Programs
for
education
and
in-service
training
of
personnel.
d.
The
physical
environment
of
a
facility.
e.
Policies
for
intake,
assessment,
admission
and
discharge.
f.
Housing,
health,
safety,
and
medical
care
policies
for
children
receiving
child
foster
care.
The
medical
care
policies
shall
include
but
are
not
limited
to
all
of
the
following:
(1)
Provision
by
the
department
to
the
foster
care
provider
at
or
before
the
time
of
a
child’s
placement
of
the
child’s
health
records
and
any
other
information
possessed
or
known
about
the
health
of
the
child
or
about
a
member
of
the
child’s
family
that
pertains
to
the
child’s
health.
(2)
If
the
health
records
supplied
in
accordance
with
the
child’s
case
permanency
plan
to
the
foster
care
provider
are
incomplete
or
the
provider
requests
specific
health
information,
provision
for
obtaining
additional
health
information
from
the
child’s
parent
or
other
source
and
Senate
File
514,
p.
430
supplying
the
additional
information
to
the
foster
care
provider.
(3)
Provision
for
emergency
health
coverage
of
the
child
while
the
child
is
engaged
in
temporary
out-of-state
travel
with
the
child’s
foster
family.
g.
(1)
The
adequacy
of
programs
available
to
children
receiving
child
foster
care
provided
by
agencies,
including
but
not
limited
to:
(a)
Dietary
services.
(b)
Social
services.
(c)
Activity
programs.
(d)
Behavior
management
procedures.
(e)
Educational
programs,
including
special
education
as
defined
in
section
256B.2,
subsection
1
,
paragraph
“b”
,
where
appropriate,
which
are
approved
by
the
state
board
of
education.
(2)
The
department
shall
not
promulgate
rules
which
regulate
individual
licensees
in
the
subject
areas
enumerated
in
this
paragraph
“g”
.
h.
Policies
for
involvement
of
biological
parents.
i.
Records
a
licensee
is
required
to
keep,
and
reports
a
licensee
is
required
to
make
to
the
administrator
department
.
j.
Prior
to
the
licensing
of
an
individual
as
a
foster
family
home,
a
required,
written
social
assessment
of
the
quality
of
the
living
situation
in
the
home
of
the
individual,
and
a
required
compilation
of
personal
references
for
the
individual
other
than
those
references
given
by
the
individual.
k.
Elements
of
a
foster
care
placement
agreement
outlining
rights
and
responsibilities
associated
with
an
individual
providing
family
foster
care.
The
rights
and
responsibilities
shall
include
but
are
not
limited
to
all
of
the
following:
(1)
Receiving
information
prior
to
the
child’s
placement
regarding
risk
factors
concerning
the
child
that
are
known
to
the
department,
including
but
not
limited
to
notice
if
the
child
is
required
to
register
under
chapter
692A
.
(2)
Having
regularly
scheduled
meetings
with
each
case
manager
assigned
to
the
child.
(3)
Receiving
access
to
any
reports
prepared
by
a
service
provider
who
is
working
with
the
child
unless
the
access
is
prohibited
by
state
or
federal
law.
Senate
File
514,
p.
431
3.
Rules
governing
fire
safety
in
facilities
with
child
foster
care
provided
by
agencies
shall
be
promulgated
by
the
state
fire
marshal
pursuant
to
section
100.1,
subsection
5
,
after
consultation
with
the
administrator
director
.
4.
Rules
governing
sanitation,
water
and
waste
disposal
standards
for
facilities
shall
be
promulgated
by
the
Iowa
department
of
public
health
pursuant
to
section
135.11,
subsection
12,
after
consultation
with
the
administrator
director
.
5.
In
case
of
a
conflict
between
rules
promulgated
pursuant
to
subsections
3
and
4
and
local
rules,
the
more
stringent
requirement
applies.
6.
Rules
of
the
department
shall
not
prohibit
the
licensing,
as
foster
family
homes,
of
individuals
who
are
departmental
employees
not
directly
engaged
in
the
administration
of
the
child
foster
care
program
pursuant
to
this
chapter
.
7.
If
an
agency
is
accredited
by
the
joint
commission
on
the
accreditation
of
health
care
organizations
under
the
commission’s
consolidated
standards
for
residential
settings
or
by
the
council
on
accreditation
of
services
for
families
and
children,
the
department
shall
modify
facility
licensure
standards
applied
to
the
agency
in
order
to
avoid
duplicating
standards
applied
through
accreditation.
8.
The
department,
in
consultation
with
the
judicial
branch,
the
division
of
criminal
and
juvenile
justice
planning
of
the
department
of
human
rights,
residential
treatment
providers,
the
foster
care
provider
association,
and
other
parties
which
may
be
affected,
shall
review
the
licensing
rules
pertaining
to
residential
treatment
facilities,
and
examine
whether
the
rules
allow
the
facilities
to
accept
and
provide
effective
treatment
to
juveniles
with
serious
problems
who
might
not
otherwise
be
placed
in
those
facilities.
9.
The
department
shall
adopt
rules
specifying
the
elements
of
a
preadoptive
care
agreement
outlining
the
rights
and
responsibilities
associated
with
a
person
providing
preadoptive
care,
as
defined
in
section
232.2
.
10.
The
department
shall
adopt
rules
to
administer
the
exception
to
the
definition
of
child
care
in
section
237A.1,
subsection
3
,
paragraph
“l”
,
allowing
a
child
care
facility,
for
Senate
File
514,
p.
432
purposes
of
providing
respite
care
to
a
foster
family
home,
to
provide
care,
supervision,
or
guidance
of
a
child
for
a
period
of
twenty-four
hours
or
more
who
is
placed
with
the
licensed
foster
family
home.
Sec.
728.
Section
237.4,
Code
2023,
is
amended
to
read
as
follows:
237.4
License
required
——
exceptions.
An
individual
or
an
agency,
as
defined
in
section
237.1
,
shall
not
provide
child
foster
care
unless
the
individual
or
agency
obtains
a
license
issued
by
the
administrator
under
this
chapter
.
However,
a
license
is
not
required
of
the
following:
1.
An
individual
providing
child
foster
care
for
a
total
of
not
more
than
twenty
days
in
one
calendar
year.
2.
A
residential
care
facility
licensed
under
chapter
135C
which
is
approved
for
the
care
of
children.
3.
A
hospital
licensed
under
chapter
135B
.
4.
A
health
care
facility
licensed
under
chapter
135C
.
5.
A
juvenile
detention
home
or
juvenile
shelter
care
home
approved
under
section
232.142
.
6.
An
institution
listed
in
section
218.1
.
7.
A
facility
licensed
under
chapter
125
.
8.
An
individual
providing
child
care
as
a
babysitter
at
the
request
of
a
parent,
guardian
or
relative
having
lawful
custody
of
the
child.
Sec.
729.
Section
237.5,
Code
2023,
is
amended
to
read
as
follows:
237.5
License
application
and
issuance
——
denial,
suspension,
or
revocation
——
provisional
licenses.
1.
An
individual
or
an
agency
shall
apply
for
a
license
by
completing
an
application
to
the
administrator
department
upon
forms
furnished
by
the
administrator
department
.
The
administrator
department
shall
issue
or
reissue
a
license
if
the
administrator
department
determines
that
the
applicant
or
licensee
is
or
upon
commencing
operation
will
provide
child
foster
care
in
compliance
with
this
chapter
.
An
initial
license
for
an
individual
is
valid
for
one
year
from
the
date
of
issuance.
After
the
first
two
years
of
licensure,
a
license
for
an
individual
is
valid
for
two
years
from
the
most
recent
date
of
issuance
except
that
the
administrator
department
,
Senate
File
514,
p.
433
within
the
administrator’s
director’s
discretion
and
based
upon
the
performance
of
the
licensee,
may
require
annual
renewal
of
the
license
or
may
issue
a
provisional
license
pursuant
to
subsection
3
.
A
license
for
an
agency
is
valid
for
up
to
three
years
from
the
date
of
issuance
for
the
period
determined
by
the
administrator
department
in
accordance
with
administrative
rules
providing
criteria
for
making
the
determination.
The
license
shall
state
on
its
face
the
name
of
the
licensee,
the
type
of
facility,
the
particular
premises
for
which
the
license
is
issued,
and
the
number
of
children
who
may
be
cared
for
by
the
facility
on
the
premises
at
one
time.
The
license
shall
be
posted
in
a
conspicuous
place
in
the
physical
plant
of
the
facility,
except
that
if
the
facility
is
in
a
single-family
home
the
license
may
be
kept
where
it
is
readily
available
for
examination
upon
request.
2.
The
administrator
department
,
after
notice
and
opportunity
for
an
evidentiary
hearing,
may
deny
an
application
for
a
license,
and
may
suspend
or
revoke
a
license,
if
the
applicant
or
licensee
violates
this
chapter
or
the
rules
promulgated
pursuant
to
this
chapter
,
or
knowingly
makes
a
false
statement
concerning
a
material
fact
or
conceals
a
material
fact
on
the
license
application
or
in
a
report
regarding
operation
of
the
facility
submitted
to
the
administrator
department
.
3.
The
administrator
department
may
issue
a
provisional
license
for
not
more
than
one
year
to
a
licensee
whose
facility
does
not
meet
the
requirements
of
this
chapter
,
if
written
plans
to
bring
the
facility
into
compliance
with
the
applicable
requirements
are
submitted
to
and
approved
by
the
administrator
department
.
The
plans
shall
state
a
specific
time
when
compliance
will
be
achieved.
Only
one
provisional
license
shall
be
issued
for
a
facility
by
reason
of
the
same
deficiency.
Sec.
730.
Section
237.6,
Code
2023,
is
amended
to
read
as
follows:
237.6
Restricted
use
of
facility.
A
licensee
shall
not
furnish
child
foster
care
in
a
building
or
on
premises
not
designated
in
the
license.
A
licensee
shall
not
furnish
child
foster
care
to
a
greater
number
of
children
than
is
designated
in
the
license,
unless
authorized
by
the
administrator
so
authorizes
department
.
Multiple
licenses
Senate
File
514,
p.
434
authorizing
separate
and
distinct
parts
of
a
facility
to
provide
different
categories
of
child
foster
care
may
be
issued.
Sec.
731.
Section
237.7,
Code
2023,
is
amended
to
read
as
follows:
237.7
Reports
and
inspections.
The
administrator
department
may
require
submission
of
reports
by
a
licensee,
and
shall
cause
at
least
one
annual
unannounced
inspection
of
each
facility
to
assess
the
quality
of
the
living
situation
and
to
determine
compliance
with
applicable
requirements
and
standards.
The
inspections
shall
be
conducted
by
the
department
of
inspections
and
appeals.
The
director
of
the
department
of
inspections
and
appeals
may
examine
records
of
a
licensee,
including
but
not
limited
to
corporate
records
and
board
minutes,
and
may
inquire
into
matters
concerning
a
licensee
and
its
employees
relating
to
requirements
and
standards
for
child
foster
care
under
this
chapter
.
Sec.
732.
Section
237.8,
Code
2023,
is
amended
to
read
as
follows:
237.8
Personnel.
1.
A
person
shall
not
be
allowed
to
provide
services
in
a
facility
if
the
person
has
a
disease
which
is
transmissible
to
other
persons
through
required
contact
in
the
workplace,
which
presents
a
significant
risk
of
infecting
other
persons,
which
presents
a
substantial
possibility
of
harming
other
persons,
or
for
which
no
reasonable
accommodation
can
eliminate
the
risk
of
infecting
other
persons.
2.
a.
(1)
If
a
person
is
being
considered
for
licensure
under
this
chapter
,
or
for
employment
involving
direct
responsibility
for
a
child
or
in
a
facility
where
children
reside,
by
a
licensee
under
this
chapter
,
or
if
a
person
will
reside
in
a
facility
utilized
by
a
licensee,
and
if
the
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
abuse,
the
record
check
evaluation
system
of
the
department
and
the
licensee
for
an
employee
of
the
licensee
shall
perform
an
evaluation
to
determine
whether
the
crime
or
founded
child
abuse
warrants
prohibition
of
licensure,
employment,
or
residence
in
the
facility.
The
department
record
check
evaluation
system
shall
conduct
criminal
and
child
abuse
record
checks
in
Senate
File
514,
p.
435
this
state
and
may
conduct
these
checks
in
other
states.
The
evaluation
shall
be
performed
in
accordance
with
procedures
adopted
for
this
purpose
by
the
department.
(2)
If
the
criminal
and
child
abuse
record
checks
conducted
in
this
state
under
subparagraph
(1)
for
an
individual
being
considered
for
licensure
under
this
chapter
,
or
for
employment
involving
direct
responsibility
for
a
child
or
in
a
facility
where
children
reside,
by
a
licensee
under
this
chapter
,
or
for
an
individual
who
will
reside
in
a
facility
utilized
by
a
licensee,
have
been
completed
and
the
individual
either
does
not
have
a
record
of
crime
or
founded
child
abuse
or
the
department’s
record
check
evaluation
system’s
evaluation
of
the
record
has
determined
that
prohibition
of
the
individual’s
licensure
or
employment
is
not
warranted,
the
individual
may
be
provisionally
approved
for
licensure
or
employment
pending
the
outcome
of
the
fingerprint-based
criminal
history
check
conducted
pursuant
to
subparagraph
(4).
(3)
An
individual
being
considered
for
licensure
under
this
chapter
,
or
for
employment
involving
direct
responsibility
for
a
child
or
in
a
facility
where
children
reside,
by
a
licensee
under
this
chapter
,
or
for
an
individual
who
will
reside
in
a
facility
utilized
by
a
licensee,
shall
not
be
granted
a
license
or
be
employed
and
an
evaluation
shall
not
be
performed
under
this
subsection
if
the
individual
has
been
convicted
of
any
of
the
following
felony
offenses:
(a)
Within
the
five-year
period
preceding
the
application
date,
a
drug-related
offense.
(b)
Child
endangerment
or
neglect
or
abandonment
of
a
dependent
person.
(c)
Domestic
abuse.
(d)
A
crime
against
a
child,
including
but
not
limited
to
sexual
exploitation
of
a
minor.
(e)
A
forcible
felony.
(4)
If
an
individual
is
being
considered
for
licensure
under
this
chapter
,
or
for
employment
involving
direct
responsibility
for
a
child
or
in
a
facility
where
children
reside,
by
a
licensee
under
this
chapter
,
or
if
an
individual
will
reside
in
a
facility
utilized
by
a
licensee,
or
if
an
individual
is
subject
to
licensure
under
this
chapter
as
a
foster
parent,
Senate
File
514,
p.
436
in
addition
to
the
record
checks
conducted
under
subparagraph
(1),
the
individual’s
fingerprints
shall
be
provided
to
the
department
of
public
safety
for
submission
through
the
state
criminal
history
repository
to
the
United
States
department
of
justice,
federal
bureau
of
investigation
for
a
national
criminal
history
check.
The
cost
of
the
criminal
history
check
conducted
under
this
subparagraph
is
the
responsibility
of
the
department
of
human
services
.
(5)
If
the
criminal
and
child
abuse
record
checks
conducted
in
this
state
under
subparagraph
(1)
for
an
individual
being
considered
for
licensure
as
a
foster
parent
have
been
completed
and
the
individual
either
does
not
have
a
record
of
crime
or
founded
abuse
or
the
department’s
record
check
evaluation
system’s
evaluation
of
the
record
has
determined
that
prohibition
of
the
individual’s
licensure
is
not
warranted,
the
individual
may
be
provisionally
approved
for
licensure
pending
the
outcome
of
the
fingerprint-based
criminal
history
check
conducted
pursuant
to
subparagraph
(4).
(6)
An
individual
applying
to
be
a
foster
parent
licensee
shall
not
be
granted
a
license
and
an
evaluation
shall
not
be
performed
under
this
subsection
if
the
individual
has
been
convicted
of
any
of
the
following
felony
offenses:
(a)
Within
the
five-year
period
preceding
the
application
date,
a
drug-related
offense.
(b)
Child
endangerment
or
neglect
or
abandonment
of
a
dependent
person.
(c)
Domestic
abuse.
(d)
A
crime
against
a
child,
including
but
not
limited
to
sexual
exploitation
of
a
minor.
(e)
A
forcible
felony.
b.
Except
as
otherwise
provided
in
paragraph
“a”
,
if
the
department
record
check
evaluation
system
determines
that
a
person
has
committed
a
crime
or
has
a
record
of
founded
child
abuse
and
is
licensed,
employed
by
a
licensee,
or
resides
in
a
licensed
facility
the
department
record
check
evaluation
system
shall
notify
the
licensee
that
an
evaluation
will
be
conducted
to
determine
whether
prohibition
of
the
person’s
licensure,
employment,
or
residence
is
warranted.
c.
In
an
evaluation,
the
department
record
check
evaluation
Senate
File
514,
p.
437
system
and
the
licensee
for
an
employee
of
the
licensee
shall
consider
the
nature
and
seriousness
of
the
crime
or
founded
child
abuse
in
relation
to
the
position
sought
or
held,
the
time
elapsed
since
the
commission
of
the
crime
or
founded
child
abuse,
the
circumstances
under
which
the
crime
or
founded
child
abuse
was
committed,
the
degree
of
rehabilitation,
the
likelihood
that
the
person
will
commit
the
crime
or
founded
child
abuse
again,
and
the
number
of
crimes
or
founded
child
abuses
committed
by
the
person
involved.
The
department
record
check
evaluation
system
may
permit
a
person
who
is
evaluated
to
be
licensed,
employed,
or
to
reside,
or
to
continue
to
be
licensed,
employed,
or
to
reside
in
a
licensed
facility,
if
the
person
complies
with
the
department’s
record
check
evaluation
system’s
conditions
relating
to
the
person’s
licensure,
employment,
or
residence,
which
may
include
completion
of
additional
training.
For
an
employee
of
a
licensee,
these
conditional
requirements
shall
be
developed
with
the
licensee.
The
department
record
check
evaluation
system
has
final
authority
in
determining
whether
prohibition
of
the
person’s
licensure,
employment,
or
residence
is
warranted
and
in
developing
any
conditional
requirements
under
this
paragraph.
d.
If
the
department
record
check
evaluation
system
determines
that
the
person
has
committed
a
crime
or
has
a
record
of
founded
child
abuse
which
warrants
prohibition
of
licensure,
employment,
or
residence,
the
person
shall
not
be
licensed
under
this
chapter
and
shall
not
be
employed
by
a
licensee
or
reside
in
a
licensed
facility.
3.
In
addition
to
the
record
checks
required
under
subsection
2
,
the
department
of
human
services
record
check
evaluation
system
may
conduct
dependent
adult
abuse
record
checks
in
this
state
and
may
conduct
these
checks
in
other
states,
on
a
random
basis.
The
provisions
of
subsection
2
,
relative
to
an
evaluation
following
a
determination
that
a
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
abuse,
shall
also
apply
to
a
random
check
conducted
under
this
subsection
.
4.
On
or
after
July
1,
1994,
a
A
licensee
shall
inform
all
new
applicants
for
employment
of
the
possibility
of
the
performance
of
a
record
check
and
shall
obtain,
from
the
Senate
File
514,
p.
438
applicant,
a
signed
acknowledgment
of
the
receipt
of
the
information.
5.
On
or
after
July
1,
1994,
a
A
licensee
shall
include
the
following
inquiry
in
an
application
for
employment:
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
or
have
you
ever
been
convicted
of
a
crime,
in
this
state
or
any
other
state?
Sec.
733.
Section
237.13,
Code
2023,
is
amended
to
read
as
follows:
237.13
Foster
home
insurance
fund.
1.
For
the
purposes
of
this
section
,
“foster
home”
means
an
individual,
as
defined
in
section
237.1,
subsection
7
,
who
is
licensed
to
provide
child
foster
care
and
shall
also
be
known
as
a
“licensed
foster
home”
.
2.
The
foster
home
insurance
fund
shall
be
administered
by
the
department
of
human
services
.
The
fund
shall
consist
of
all
moneys
appropriated
by
the
general
assembly
for
deposit
in
the
fund.
The
department
shall
use
moneys
in
the
fund
to
provide
home
and
property
coverage
for
foster
parents
to
cover
damages
to
property
resulting
from
the
actions
of
a
foster
child
residing
in
a
foster
home
or
to
reimburse
foster
parents
for
the
cost
of
purchasing
foster
care
liability
insurance
and
to
perform
the
administrative
functions
necessary
to
carry
out
this
section
.
The
department
may
establish
limitations
of
liability
for
individual
claims
as
deemed
reasonable
by
the
department.
3.
The
department
of
human
services
shall
adopt
rules,
pursuant
to
chapter
17A
,
to
carry
out
the
provisions
of
this
section
.
Sec.
734.
Section
237.15,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
“Person
or
court
responsible
for
the
child”
means
the
department,
including
but
not
limited
to
the
department
of
health
and
human
services,
the
agency,
or
the
individual
who
is
the
guardian
of
a
child
by
court
order
issued
by
the
juvenile
or
district
court
and
has
the
responsibility
of
the
care
of
the
child,
or
the
court
having
jurisdiction
over
the
child.
Sec.
735.
Section
237.16,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
439
237.16
Child
advocacy
board
——
staff
.
1.
The
child
advocacy
board
is
created
within
the
department
of
inspections
and
appeals
.
The
state
board
consists
of
nine
members
appointed
by
the
governor,
subject
to
confirmation
by
the
senate
and
directly
responsible
to
the
governor.
One
member
shall
be
an
active
court
appointed
special
advocate
volunteer,
one
member
shall
be
an
active
member
of
a
local
citizen
foster
care
review
board,
and
one
member
shall
be
a
judicial
branch
employee
or
judicial
officer
appointed
from
nominees
submitted
by
the
judicial
branch.
The
appointment
is
for
a
term
of
four
years
that
begins
and
ends
as
provided
in
section
69.19
.
Vacancies
on
the
state
board
shall
be
filled
in
the
same
manner
as
original
appointments
are
made.
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.
3.
An
employee
of
the
department
or
of
the
department
of
inspections
and
appeals
,
an
employee
of
a
child-placing
agency,
an
employee
of
an
agency
with
which
the
department
contracts
for
services
for
children
under
foster
care,
a
foster
parent
providing
foster
care,
or
an
employee
of
the
district
court
is
not
eligible
to
serve
on
the
state
board.
However,
the
judicial
branch
employee
or
judicial
officer
appointed
from
nominees
submitted
by
the
judicial
branch
in
accordance
with
subsection
1
shall
be
eligible
to
serve
on
the
state
board.
4.
The
department
and
the
department
of
inspections
and
appeals
shall
jointly
develop
written
protocols
detailing
the
responsibilities
of
each
the
department
with
regard
to
children
under
the
purview
of
the
state
board.
The
protocols
shall
be
reviewed
by
the
departments
department
on
an
annual
basis.
5.
The
director
shall
employ
appropriate
staff
for
the
state
board
in
accordance
with
available
funding.
Sec.
736.
Section
237.18,
subsection
4,
Code
2023,
is
amended
by
striking
the
subsection.
Senate
File
514,
p.
440
Sec.
737.
Section
237.21,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
Members
of
the
state
board
and
local
boards,
court
appointed
special
advocates,
and
the
employees
of
the
department
and
the
department
of
inspections
and
appeals
are
subject
to
standards
of
confidentiality
pursuant
to
sections
217.30
,
228.6,
subsection
1
,
sections
235A.15
,
600.16
,
and
600.16A
.
Members
of
the
state
and
local
boards,
court
appointed
special
advocates,
and
employees
of
the
department
and
the
department
of
inspections
and
appeals
who
disclose
information
or
records
of
the
board
or
department,
other
than
as
provided
in
subsections
2,
3,
and
4
,
section
232.126
,
and
section
237.20,
subsection
2
,
are
guilty
of
a
simple
misdemeanor.
Sec.
738.
Section
237A.1,
Code
2023,
is
amended
to
read
as
follows:
237A.1
Definitions.
As
used
in
this
chapter
unless
the
context
otherwise
requires:
1.
“Administrator”
means
the
administrator
of
the
division
of
the
department
designated
by
the
director
to
administer
this
chapter
.
2.
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
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).
3.
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
Senate
File
514,
p.
441
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
and
appeals
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
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
Senate
File
514,
p.
442
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.
4.
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.
5.
4.
“Child
care
facility”
or
“facility”
means
a
child
care
center,
preschool,
or
a
registered
child
development
home.
6.
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.
Senate
File
514,
p.
443
7.
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.
“Council”
means
the
council
on
health
and
human
services.
8.
“Department”
means
the
department
of
health
and
human
services.
9.
“Director”
means
the
director
of
health
and
human
services.
10.
“Infant”
means
a
child
who
is
less
than
twenty-four
months
of
age.
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.
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.
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.
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.
15.
“School”
means
kindergarten
or
a
higher
grade
level.
16.
“State
child
care
advisory
committee”
means
the
state
child
care
advisory
committee
established
pursuant
to
section
135.173A
.
Sec.
739.
Section
237A.2,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
An
application
for
a
license
or
a
renewal
has
been
filed
with
the
administrator
department
on
forms
provided
by
the
department.
Sec.
740.
Section
237A.2,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
administrator
department
may
reduce
a
previously
Senate
File
514,
p.
444
issued
license
to
a
provisional
license
or
issue
a
provisional
license
for
a
period
of
time
not
to
exceed
one
year
if
the
center
does
not
meet
standards
required
under
this
section
.
A
provisional
license
shall
not
be
renewable
in
regard
to
the
same
standards
for
more
than
two
consecutive
years.
A
provisional
license
shall
be
posted
in
a
conspicuous
place
in
the
center
as
provided
in
this
section
.
If
written
plans
to
bring
the
center
up
to
standards,
giving
specific
dates
for
completion
of
work,
are
submitted
to
and
approved
by
the
department,
the
provisional
license
shall
be
renewable
as
provided
in
this
subsection
.
Sec.
741.
Section
237A.3A,
subsection
3,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Three
categories
of
standards
shall
be
applicable
to
child
development
homes.
The
initial
designations
of
the
categories,
which
may
be
revised
by
the
department,
shall
be
“A”,
“B”,
and
“C”,
as
ranked
from
less
stringent
standards
and
capacity
to
more
stringent
standards
and
capacity.
The
“C”
registration
category
standards
shall
require
the
highest
level
of
provider
qualifications
and
allow
the
greatest
capacity
of
the
three
categories.
The
department
of
human
services,
in
consultation
with
the
Iowa
department
of
public
health,
shall
adopt
rules
applying
standards
to
each
category
specifying
provider
qualifications
and
training,
health
and
safety
requirements,
capacity,
amount
of
space
available
per
child,
and
other
minimum
requirements.
The
capacity
requirements
shall
take
into
consideration
the
provider’s
own
children,
children
who
have
a
mild
illness,
children
receiving
part-time
child
care,
and
children
served
as
a
sibling
group
in
overnight
care.
Sec.
742.
Section
237A.5,
Code
2023,
is
amended
to
read
as
follows:
237A.5
Personnel.
1.
All
personnel
in
licensed
or
registered
facilities
shall
have
good
health
as
evidenced
by
a
report
following
a
preemployment
physical
examination
taken
within
six
months
prior
to
beginning
employment.
The
examination
shall
include
communicable
disease
tests
by
a
licensed
physician
as
defined
in
section
135C.1
or
a
licensed
physician
assistant
as
defined
in
section
148C.1
and
shall
be
repeated
every
three
years
after
Senate
File
514,
p.
445
initial
employment.
Controlled
medical
conditions
which
would
not
affect
the
performance
of
the
employee
in
the
capacity
employed
shall
not
prohibit
employment.
2.
a.
For
the
purposes
of
this
section
,
unless
the
context
otherwise
requires:
(1)
“Person
subject
to
a
record
check”
means
a
person
who
is
described
by
any
of
the
following:
(a)
The
person
is
being
considered
for
licensure
or
registration
or
is
registered
or
licensed
under
this
chapter
.
(b)
The
person
is
being
considered
by
a
child
care
facility
for
employment
involving
direct
responsibility
for
a
child
or
with
access
to
a
child
when
the
child
is
alone
or
is
employed
with
such
responsibilities.
(c)
The
person
will
reside
or
resides
in
a
child
care
facility.
(d)
The
person
has
applied
for
or
receives
public
funding
for
providing
child
care.
(e)
The
person
will
reside
or
resides
in
a
child
care
home
that
is
not
registered
under
this
chapter
but
that
receives
public
funding
for
providing
child
care.
(2)
“Person
subject
to
an
evaluation”
means
a
person
subject
to
a
record
check
whose
record
indicates
that
the
person
has
committed
a
transgression.
(3)
“Transgression”
means
the
existence
of
any
of
the
following
in
a
person’s
record:
(a)
Conviction
of
a
crime.
(b)
A
record
of
having
committed
founded
child
or
dependent
adult
abuse.
(c)
Listing
in
the
sex
offender
registry
under
chapter
692A
.
(d)
A
record
of
having
committed
a
public
or
civil
offense.
(e)
The
department
has
revoked
a
child
care
facility
registration
or
license
due
to
the
person’s
continued
or
repeated
failure
to
operate
the
child
care
facility
in
compliance
with
this
chapter
and
rules
adopted
pursuant
to
this
chapter
.
b.
If
an
individual
person
subject
to
a
record
check
is
being
considered
for
employment
by
a
child
care
facility
or
child
care
home
provider,
in
lieu
of
requesting
a
record
check
in
this
state
to
be
conducted
by
the
department
record
check
Senate
File
514,
p.
446
evaluation
system
under
paragraph
“c”
,
the
child
care
facility
or
child
care
home
may
access
the
single
contact
repository
established
pursuant
to
section
135C.33
as
necessary
to
conduct
a
criminal
and
child
abuse
record
check
of
the
individual
in
this
state.
A
copy
of
the
results
of
the
record
check
conducted
through
the
single
contact
repository
shall
also
be
provided
to
the
department
record
check
evaluation
system
.
If
the
record
check
indicates
the
individual
is
a
person
subject
to
an
evaluation,
the
child
care
facility
or
child
care
home
may
request
that
the
department
record
check
evaluation
system
perform
an
evaluation
as
provided
in
this
subsection
.
Otherwise,
the
individual
shall
not
be
employed
by
the
child
care
facility
or
child
care
home.
c.
Unless
a
record
check
has
already
been
conducted
in
accordance
with
paragraph
“b”
,
the
department
record
check
evaluation
system
shall
conduct
a
criminal
and
child
abuse
record
check
in
this
state
for
a
person
who
is
subject
to
a
record
check
and
may
conduct
such
a
check
in
other
states.
In
addition,
the
department
record
check
evaluation
system
may
conduct
a
dependent
adult
abuse,
sex
offender
registry,
or
other
public
or
civil
offense
record
check
in
this
state
or
in
other
states
for
a
person
who
is
subject
to
a
record
check.
d.
(1)
For
a
person
subject
to
a
record
check,
in
addition
to
any
other
record
check
conducted
pursuant
to
this
subsection
,
the
person’s
fingerprints
shall
be
provided
to
the
department
of
public
safety
for
submission
through
the
state
criminal
history
repository
to
the
United
States
department
of
justice,
federal
bureau
of
investigation
for
a
national
criminal
history
check.
The
department
may
adopt
rules
specifying
criteria
in
the
public
interest
for
requiring
the
national
criminal
history
check
of
a
person
to
be
repeated.
(2)
Except
as
otherwise
provided
by
law,
the
cost
of
a
national
criminal
history
check
conducted
in
accordance
with
subparagraph
(1)
and
the
state
record
checks
conducted
in
accordance
with
paragraph
“c”
that
are
conducted
in
connection
with
a
person’s
involvement
with
a
child
care
center
are
not
the
responsibility
of
the
department.
The
department
is
responsible
for
the
cost
of
such
checks
conducted
in
connection
with
a
person’s
involvement
with
a
child
development
home
or
Senate
File
514,
p.
447
child
care
home.
(3)
If
record
checks
under
paragraph
“b”
or
“c”
have
been
conducted
on
a
person
subject
to
a
record
check
and
the
results
do
not
warrant
prohibition
of
the
person’s
involvement
with
child
care
or
otherwise
present
protective
concerns,
the
person
may
be
involved
with
child
care
on
a
provisional
basis
until
the
record
check
under
subparagraph
(1)
has
been
completed.
(4)
If
a
person
subject
to
a
record
check
refuses
to
consent
to
a
record
check
or
if
the
person
makes
what
the
person
knows
to
be
a
false
statement
of
material
fact
in
connection
with
a
record
check,
the
person
shall
be
prohibited
from
involvement
with
child
care.
e.
(1)
If
a
record
check
performed
pursuant
to
this
subsection
identifies
an
individual
as
a
person
subject
to
an
evaluation,
an
evaluation
shall
be
performed
to
determine
whether
prohibition
of
the
person’s
involvement
with
child
care
is
warranted.
The
evaluation
shall
be
performed
in
accordance
with
procedures
adopted
for
this
purpose
by
the
department.
(2)
Prior
to
performing
an
evaluation,
the
department
record
check
evaluation
system
shall
notify
the
affected
person,
licensee,
registrant,
or
child
care
home
applying
for
or
receiving
public
funding
for
providing
child
care,
that
an
evaluation
will
be
conducted
to
determine
whether
prohibition
of
the
person’s
involvement
with
child
care
is
warranted.
f.
If
a
record
check
performed
in
accordance
with
paragraph
“b”
or
“c”
identifies
that
an
individual
is
a
person
subject
to
an
evaluation,
the
department
record
check
evaluation
system
shall
perform
the
evaluation
in
accordance
with
this
subsection
,
even
if
the
application
which
made
the
person
subject
to
the
record
check
is
withdrawn
or
the
circumstances
which
made
the
person
subject
to
the
record
check
are
no
longer
applicable.
If
the
department’s
record
check
evaluation
system’s
evaluation
determines
that
prohibition
of
the
person’s
involvement
with
child
care
is
warranted,
the
provisions
of
this
subsection
regarding
such
a
prohibition
shall
apply.
g.
A
person
subject
to
a
record
check
who
is
or
was
employed
by
a
child
care
facility
or
child
care
home
provider
and
is
hired
by
another
child
care
facility
or
child
care
home
provider
shall
be
subject
to
a
record
check
in
accordance
with
this
Senate
File
514,
p.
448
subsection
.
However,
if
the
person
was
subject
to
an
evaluation
because
of
a
transgression
in
the
person’s
record
and
the
evaluation
determined
that
the
transgression
did
not
warrant
prohibition
of
the
person’s
involvement
with
child
care
and
the
latest
record
checks
do
not
indicate
there
is
a
transgression
that
was
committed
subsequent
to
that
evaluation,
the
person
may
commence
employment
with
the
other
child
care
facility
or
provider
in
accordance
with
the
department’s
evaluation
and
an
exemption
from
any
requirements
for
reevaluation
of
the
latest
record
checks
is
authorized.
Authorization
of
an
exemption
under
this
paragraph
“g”
from
requirements
for
reevaluation
of
the
latest
record
checks
by
the
department
record
check
evaluation
system
is
subject
to
all
of
the
following
provisions:
(1)
The
position
with
the
subsequent
employer
is
substantially
the
same
or
has
the
same
job
responsibilities
as
the
position
for
which
the
previous
evaluation
was
performed.
(2)
Any
restrictions
placed
on
the
person’s
employment
in
the
previous
evaluation
by
the
department
record
check
evaluation
system
shall
remain
applicable
in
the
person’s
subsequent
employment.
(3)
The
person
subject
to
the
record
checks
has
maintained
a
copy
of
the
previous
evaluation
and
provides
the
evaluation
to
the
subsequent
employer
or
the
previous
employer
provides
the
previous
evaluation
from
the
person’s
personnel
file
pursuant
to
the
person’s
authorization.
If
a
physical
copy
of
the
previous
evaluation
is
not
provided
to
the
subsequent
employer,
the
record
checks
shall
be
reevaluated.
(4)
Although
an
exemption
under
this
paragraph
“g”
may
be
authorized,
the
subsequent
employer
may
instead
request
a
reevaluation
of
the
record
checks
and
may
employ
the
person
while
the
reevaluation
is
being
performed.
h.
In
an
evaluation,
the
department
record
check
evaluation
system
shall
consider
the
nature
and
seriousness
of
the
transgression
in
relation
to
the
position
sought
or
held,
the
time
elapsed
since
the
commission
of
the
transgression,
the
circumstances
under
which
the
transgression
was
committed,
the
degree
of
rehabilitation,
the
likelihood
that
the
person
will
commit
the
transgression
again,
and
the
number
of
transgressions
committed
by
the
person
involved.
In
addition
Senate
File
514,
p.
449
to
record
check
information,
the
department
record
check
evaluation
system
may
utilize
information
from
the
department’s
record
check
evaluation
system’s
case
records
in
performing
the
evaluation.
The
department
record
check
evaluation
system
may
permit
a
person
who
is
evaluated
to
maintain
involvement
with
child
care,
if
the
person
complies
with
the
department’s
record
check
evaluation
system’s
conditions
and
corrective
action
plan
relating
to
the
person’s
involvement
with
child
care.
The
department
record
check
evaluation
system
has
final
authority
in
determining
whether
prohibition
of
the
person’s
involvement
with
child
care
is
warranted
and
in
developing
any
conditional
requirements
and
corrective
action
plan
under
this
paragraph.
i.
(1)
A
person
subject
to
an
evaluation
shall
be
prohibited
from
involvement
with
child
care
under
any
of
the
following
circumstances:
(a)
The
person
has
a
record
of
founded
child
abuse
or
dependent
adult
abuse
that
was
determined
to
be
sexual
abuse.
(b)
The
person
is
listed
or
is
required
to
be
listed
on
any
state
sex
offender
registry
or
the
national
sex
offender
registry.
(c)
The
person
has
committed
any
of
the
following
felony-level
offenses:
(i)
Child
endangerment
or
neglect
or
abandonment
of
a
dependent
person.
(ii)
Domestic
abuse.
(iii)
A
crime
against
a
child
including
but
not
limited
to
sexual
exploitation
of
a
minor.
(iv)
A
forcible
felony.
(v)
Arson.
(d)
The
person
has
a
record
of
a
misdemeanor
conviction
against
a
child
that
constitutes
one
of
the
following
offenses:
(i)
Child
abuse.
(ii)
Child
endangerment.
(iii)
Sexual
assault.
(iv)
Child
pornography.
(2)
If,
within
five
years
prior
to
the
date
of
application
for
registration
or
licensure
under
this
chapter
,
for
employment
or
residence
in
a
child
care
facility
or
child
care
home,
or
for
receipt
of
public
funding
for
providing
child
Senate
File
514,
p.
450
care,
a
person
subject
to
an
evaluation
has
been
convicted
of
a
controlled
substance
offense
or
has
been
found
to
have
committed
physical
abuse,
the
person
shall
be
prohibited
from
involvement
with
child
care
for
a
period
of
five
years
from
the
date
of
conviction
or
founded
abuse.
After
the
five-year
prohibition
period,
the
person
may
submit
an
application
for
registration
or
licensure
under
this
chapter
,
or
to
receive
public
funding
for
providing
child
care,
or
may
request
an
evaluation,
and
the
department
record
check
evaluation
system
shall
perform
an
evaluation
and,
based
upon
the
criteria
in
paragraph
“h”
,
shall
determine
whether
prohibition
of
the
person’s
involvement
with
child
care
continues
to
be
warranted.
j.
If
the
department
record
check
evaluation
system
determines,
through
an
evaluation
of
a
person’s
transgression,
that
the
person’s
prohibition
of
involvement
with
child
care
is
warranted,
the
person
shall
be
prohibited
from
involvement
with
child
care.
The
department
record
check
evaluation
system
may
identify
a
period
of
time
after
which
the
person
may
request
that
another
record
check
and
evaluation
be
performed.
A
person
who
continues
involvement
with
child
care
in
violation
of
this
subsection
is
subject
to
penalty
under
section
237A.19
or
injunction
under
section
237A.20
.
k.
If
it
has
been
determined
that
a
child
receiving
child
care
from
a
child
care
facility
or
a
child
care
home
is
the
victim
of
founded
child
abuse
committed
by
an
employee,
license
or
registration
holder,
child
care
home
provider,
or
resident
of
the
child
care
facility
or
child
care
home
for
which
a
report
is
placed
in
the
central
registry
pursuant
to
section
232.71D
,
the
administrator
department
shall
provide
notification
at
the
time
of
the
determination
to
the
parents,
guardians,
and
custodians
of
children
receiving
care
from
the
child
care
facility
or
child
care
home.
A
notification
made
under
this
paragraph
shall
identify
the
type
of
abuse
but
shall
not
identify
the
victim
or
perpetrator
or
circumstances
of
the
founded
abuse.
3.
On
or
after
July
1,
1994,
a
A
licensee
or
registrant
shall
inform
all
new
applicants
for
employment
of
the
possibility
of
the
performance
of
a
record
check
and
shall
obtain,
from
the
applicant,
a
signed
acknowledgment
of
the
receipt
of
the
information.
Senate
File
514,
p.
451
4.
On
or
after
July
1,
1994,
a
A
licensee
or
registrant
shall
include
the
following
inquiry
in
an
application
for
employment:
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
or
have
you
ever
been
convicted
of
a
crime,
in
this
state
or
any
other
state?
5.
A
person
who
serves
as
an
unpaid
volunteer
in
a
child
care
facility
shall
not
be
required
to
complete
training
as
a
mandatory
reporter
of
child
abuse
under
section
232.69
or
under
any
other
requirement.
Sec.
743.
Section
237A.6,
Code
2023,
is
amended
to
read
as
follows:
237A.6
Consultative
services.
The
department
shall
,
and
the
director
of
public
health
may
provide
consultative
services
to
a
person
applying
for
a
license
or
registration,
or
licensed
or
registered
by
the
administrator
under
this
chapter
.
Sec.
744.
Section
237A.8,
Code
2023,
is
amended
to
read
as
follows:
237A.8
Violations
——
actions
against
license
or
registration.
The
administrator
department
,
after
notice
and
opportunity
for
an
evidentiary
hearing
before
the
department
of
inspections
and
appeals,
may
suspend
or
revoke
a
license
or
certificate
of
registration
issued
under
this
chapter
or
may
reduce
a
license
to
a
provisional
license
if
the
person
to
whom
a
license
or
certificate
is
issued
violates
a
provision
of
this
chapter
or
if
the
person
makes
false
reports
regarding
the
operation
of
the
child
care
facility
to
the
administrator
or
a
designee
of
the
administrator
department
.
The
administrator
department
shall
notify
the
parent,
guardian,
or
legal
custodian
of
each
child
for
whom
the
person
provides
child
care
at
the
time
of
action
to
suspend
or
revoke
a
license
or
certificate
of
registration.
Sec.
745.
Section
237A.12,
subsections
3
and
4,
Code
2023,
are
amended
to
read
as
follows:
3.
Rules
relating
to
fire
safety
for
child
care
centers
shall
be
adopted
under
this
chapter
by
the
state
fire
marshal
in
consultation
with
the
department.
Rules
adopted
by
the
state
fire
marshal
for
a
building
which
is
owned
or
leased
by
a
school
district
or
accredited
nonpublic
school
and
used
as
a
Senate
File
514,
p.
452
child
care
facility
shall
not
differ
from
standards
adopted
by
the
state
fire
marshal
for
school
buildings
under
chapter
100
.
Rules
relating
to
sanitation
shall
be
adopted
by
the
department
in
consultation
with
the
director
of
public
health
.
All
rules
shall
be
developed
in
consultation
with
the
state
child
care
advisory
committee.
The
state
fire
marshal
shall
inspect
the
facilities.
4.
If
a
building
is
owned
or
leased
by
a
school
district
or
accredited
nonpublic
school
and
complies
with
standards
adopted
by
the
state
fire
marshal
for
school
buildings
under
chapter
100
,
the
building
is
considered
appropriate
for
use
by
a
child
care
facility.
The
rules
adopted
by
the
administrator
department
under
this
section
shall
not
require
the
facility
to
comply
with
building
requirements
which
differ
from
requirements
for
use
of
the
building
as
a
school.
Sec.
746.
Section
237A.14,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
department
of
human
services
shall
adopt
rules
pursuant
to
chapter
17A
in
accordance
with
this
section
.
Sec.
747.
Section
237A.23,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
departments
department
and
the
department
of
education
,
public
health,
and
human
services
shall
jointly
establish
a
leadership
council
for
child
care
training
and
development
in
this
state.
In
addition
to
representatives
of
the
three
departments,
the
leadership
council
shall
include
but
is
not
limited
to
representatives
of
community
colleges,
institutions
of
higher
learning
under
the
state
board
of
regents
and
private
institutions
of
higher
education,
the
Iowa
cooperative
extension
service
in
agriculture
and
home
economics,
and
child
care
resource
and
referral
service
agencies.
Sec.
748.
Section
237A.25,
subsection
1,
Code
2023,
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
of
human
services
staff,
department
of
education
staff,
the
state
child
care
advisory
committee,
the
early
Senate
File
514,
p.
453
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.
749.
Section
237A.29,
subsection
2,
paragraph
b,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
child
care
provider
that
has
been
found
by
the
department
of
inspections
and
appeals
in
an
administrative
proceeding
or
in
a
judicial
proceeding
to
have
obtained,
or
has
agreed
to
entry
of
a
civil
judgment
or
judgment
by
confession
that
includes
a
conclusion
of
law
that
the
child
care
provider
has
obtained,
by
fraudulent
means,
public
funding
for
provision
of
child
care
in
an
amount
equal
to
or
in
excess
of
the
minimum
amount
for
a
fraudulent
practice
in
the
second
degree
under
section
714.10,
subsection
1
,
paragraph
“a”
,
shall
be
subject
to
sanction
in
accordance
with
this
subsection
.
Such
child
care
provider
shall
be
subject
to
a
period
during
which
receipt
of
public
funding
for
provision
of
child
care
is
conditioned
upon
no
further
violations
and
to
one
or
more
of
the
following
sanctions
as
determined
by
the
department
of
human
services
:
Sec.
750.
Section
237A.30,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
department
shall
work
with
the
early
childhood
Iowa
office
in
the
department
of
management
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.
751.
Section
237C.1,
Code
2023,
is
amended
to
read
as
follows:
237C.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Administrator”
means
the
administrator
of
that
division
of
the
department
designated
by
the
director
of
human
services
to
administer
this
chapter
or
the
administrator’s
designee.
2.
1.
“Child”
or
“children”
means
an
individual
or
individuals
under
eighteen
years
of
age.
3.
2.
“Children’s
residential
facility”
means
a
private
facility
designed
to
serve
children
who
have
been
voluntarily
Senate
File
514,
p.
454
placed
for
reasons
other
than
an
exclusively
recreational
activity
outside
of
their
home
by
a
parent
or
legal
guardian
and
who
are
not
under
the
custody
or
authority
of
the
department
of
human
services
,
juvenile
court,
or
another
governmental
agency,
that
provides
twenty-four-hour
care,
including
food,
lodging,
supervision,
education,
or
other
care
on
a
full-time
basis
by
a
person
other
than
a
relative
or
guardian
of
the
child,
but
does
not
include
an
entity
providing
any
of
the
following:
a.
Care
furnished
by
an
individual
who
receives
the
child
of
a
personal
friend
as
an
occasional
and
personal
guest
in
the
individual’s
home,
free
of
charge
and
not
as
a
business.
b.
Care
furnished
by
an
individual
with
whom
a
child
has
been
placed
for
lawful
adoption,
unless
that
adoption
is
not
completed
within
two
years
after
placement.
c.
Child
care
furnished
by
a
child
care
facility
as
defined
in
section
237A.1
.
d.
Care
furnished
in
a
hospital
licensed
under
chapter
135B
or
care
furnished
in
a
health
care
facility
as
defined
in
section
135C.1
.
e.
Care
furnished
by
a
juvenile
detention
home
or
juvenile
shelter
care
home
approved
under
section
232.142
.
f.
Care
furnished
by
a
child
foster
care
facility
licensed
under
chapter
237
.
g.
Care
furnished
by
an
institution
listed
in
section
218.1
.
h.
Care
furnished
by
a
facility
licensed
under
chapter
125
.
i.
Care
furnished
by
a
psychiatric
medical
institution
for
children
licensed
under
chapter
135H
.
4.
3.
“Department”
means
the
department
of
health
and
human
services.
4.
“Director”
means
the
director
of
health
and
human
services.
Sec.
752.
Section
237C.3,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
department
of
human
services
shall
consult
with
the
department
of
education
,
and
the
department
of
inspections
and
appeals,
the
department
of
public
health,
the
state
fire
marshal,
and
other
agencies
as
determined
by
the
department
of
human
services
to
establish
certification
standards
for
children’s
residential
facilities
in
accordance
with
this
Senate
File
514,
p.
455
chapter
.
Sec.
753.
Section
237C.4,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Rules
governing
sanitation,
water,
and
waste
disposal
standards
for
children’s
residential
facilities
shall
be
adopted
by
the
department
of
human
services
in
consultation
with
the
director
of
public
health
.
Sec.
754.
Section
237C.4,
subsection
7,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Prior
to
establishing,
proposing,
adopting,
or
modifying
a
standard
or
rule
under
section
237C.3
,
this
section,
or
section
282.34,
the
department
of
human
services
or
the
department
of
education,
as
applicable,
shall,
at
a
minimum,
do
all
of
the
following:
Sec.
755.
Section
237C.5,
Code
2023,
is
amended
to
read
as
follows:
237C.5
Certificate
of
approval
——
certification
required.
A
person
shall
not
operate
a
children’s
residential
facility
without
a
certificate
of
approval
to
operate
issued
by
the
administrator
department
under
this
chapter
.
Sec.
756.
Section
237C.6,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
A
person
shall
apply
for
a
certificate
to
operate
a
children’s
residential
facility
by
completing
and
submitting
to
the
administrator
department
an
application
in
a
form
and
format
approved
by
the
administrator
department
.
The
administrator
department
shall
issue
or
reissue
a
certificate
of
approval
if
the
administrator
department
determines
that
the
applicant
is
or
upon
commencing
operation
will
provide
children’s
residential
facility
services
in
compliance
with
this
chapter
.
A
certificate
of
approval
is
valid
for
up
to
one
year
from
the
date
of
issuance
for
the
period
determined
by
the
administrator
department
in
accordance
with
administrative
rules
providing
criteria
for
making
the
determination.
3.
The
administrator
department
may
deny
an
application
for
issuance
or
reissuance
of
a
certificate
of
approval
or
suspend
or
revoke
a
certificate
of
approval
if
the
applicant
or
certificate
holder,
as
applicable,
fails
to
comply
with
this
chapter
or
the
rules
adopted
pursuant
to
this
chapter
or
Senate
File
514,
p.
456
knowingly
makes
a
false
statement
concerning
a
material
fact
or
conceals
a
material
fact
on
the
application
for
the
issuance
or
reissuance
of
a
certificate
of
approval
or
in
a
report
regarding
operation
of
the
children’s
residential
facility
submitted
to
the
administrator
department
.
All
operations
of
a
children’s
residential
facility
shall
cease
during
a
period
of
suspension
or
revocation.
The
administrator
department
shall
suspend
or
revoke
a
certificate
of
approval
of
a
children’s
residential
facility
that
fails
to
comply
with
section
282.34
.
Sec.
757.
Section
237C.8,
Code
2023,
is
amended
to
read
as
follows:
237C.8
Reports
and
inspections.
The
administrator
department
may
require
submission
of
reports
by
a
certificate
of
approval
holder
and
shall
cause
at
least
one
annual
unannounced
inspection
of
a
children’s
residential
facility
to
assess
compliance
with
applicable
requirements
and
standards.
The
inspections
shall
be
conducted
by
the
department
of
inspections
and
appeals
in
addition
to
initial,
renewal,
and
other
inspections
that
result
from
complaints
or
self-reported
incidents.
The
department
of
inspections
and
appeals
and
the
department
of
human
services
may
examine
records
of
a
children’s
residential
facility
and
may
inquire
into
matters
concerning
the
children’s
residential
facility
and
its
employees,
volunteers,
and
subcontractors
relating
to
requirements
and
standards
for
children’s
residential
facilities
under
this
chapter
.
Sec.
758.
Section
238.1,
Code
2023,
is
amended
to
read
as
follows:
238.1
Definitions.
For
the
purpose
of
this
chapter
unless
the
context
otherwise
requires:
1.
“Administrator”
means
the
administrator
of
the
division
of
child
and
family
services
of
the
department
of
human
services.
2.
1.
“Child”
means
the
same
as
defined
in
section
234.1
.
3.
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
Senate
File
514,
p.
457
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
institutions
under
the
management
or
control
of
the
department.
3.
“Council”
means
the
council
on
health
and
human
services.
4.
“Department”
means
the
department
of
health
and
human
services.
5.
“Director”
means
the
director
of
health
and
human
services.
4.
“Person”
or
“agency”
shall
include
individuals,
institutions,
partnerships,
voluntary
associations,
and
corporations,
other
than
institutions
under
the
management
or
control
of
any
division
or
any
administrator
of
the
department
of
human
services.
5.
“State
division”
means
the
same
as
defined
in
section
234.1
.
Sec.
759.
Section
238.3,
Code
2023,
is
amended
to
read
as
follows:
238.3
Authority
to
license.
The
administrator
department
may
grant
a
license
under
this
chapter
for
the
period
specified
in
section
238.9
for
the
conduct
operation
of
any
a
child-placing
agency
in
this
state.
Sec.
760.
Section
238.4,
Code
2023,
is
amended
to
read
as
follows:
238.4
Granting
of
license
conditional.
No
such
A
license
shall
not
be
issued
under
this
chapter
unless
the
person
applying
shall
have
shown
applicant
shows
that
the
person
applicant
and
the
person’s
applicant’s
agents
are
properly
equipped
by
training
and
experience
to
find
and
select
suitable
temporary
or
permanent
homes
for
children
and
to
supervise
such
the
homes
when
in
which
the
children
are
placed
in
them,
to
the
end
that
safeguard
the
health,
morality,
and
general
well-being
of
the
children
placed
by
them
shall
be
properly
safeguarded
.
Sec.
761.
Section
238.5,
Code
2023,
is
amended
to
read
as
follows:
238.5
License
required.
No
A
person
shall
conduct
not
operate
a
child-placing
Senate
File
514,
p.
458
agency
or
solicit
or
receive
funds
for
its
the
support
of
a
child-placing
agency
without
an
unrevoked
license
issued
by
the
administrator
department
within
the
preceding
twelve
months
preceding
to
conduct
such
agency
.
Sec.
762.
Section
238.6,
Code
2023,
is
amended
to
read
as
follows:
238.6
Form
of
license.
The
license
shall
state
the
name
of
the
licensee
and
the
particular
premises
in
which
the
business
agency
may
be
carried
on
operated
.
Sec.
763.
Section
238.7,
Code
2023,
is
amended
to
read
as
follows:
238.7
Posting
of
license.
Such
A
license
shall
be
kept
posted
in
a
conspicuous
place
on
the
licensed
premises.
Sec.
764.
Section
238.8,
Code
2023,
is
amended
to
read
as
follows:
238.8
Record
of
license.
A
record
of
the
licenses
so
issued
by
the
department
under
this
chapter
shall
be
kept
maintained
by
the
administrator
department
.
Sec.
765.
Section
238.10,
Code
2023,
is
amended
to
read
as
follows:
238.10
Revocation
of
license.
The
administrator
department
may,
after
due
notice
and
hearing,
revoke
the
license
if
any
of
the
following
applies
:
1.
In
case
the
person
to
whom
the
same
is
issued
The
licensee
violates
any
provision
of
this
chapter
.
2.
When
in
the
opinion
of
the
administrator
such
the
agency
is
maintained
in
such
a
way
as
to
waste
or
misuse
funds
contributed
by
the
public
or
without
due
regard
to
sanitation
or
hygiene
or
to
the
health,
comfort,
or
well-being
of
the
child
cared
for
or
placed
by
the
agency.
3.
In
case
of
violation
by
the
The
licensee
or
the
licensee’s
agents
of
violate
any
law
of
the
state
in
a
manner
disclosing
moral
turpitude
or
unfitness
to
maintain
such
the
agency.
4.
In
case
any
such
The
agency
is
conducted
operated
by
a
person
of
ill
repute
or
bad
moral
character.
Senate
File
514,
p.
459
5.
In
case
said
The
agency
operates
in
persistent
violation
of
the
reasonable
regulations
of
the
administrator
governing
such
agencies.
Sec.
766.
Section
238.11,
Code
2023,
is
amended
to
read
as
follows:
238.11
Written
charges
——
findings
——
notice.
Written
charges
against
the
licensee
shall
be
served
upon
the
licensee
at
least
ten
days
before
a
hearing
shall
be
had
thereon
on
the
charges
and
a
written
copy
of
the
findings
and
decisions
of
the
administrator
upon
department
following
the
hearing
shall
be
served
upon
the
licensee
in
the
manner
prescribed
for
the
service
of
original
notice
in
civil
actions.
Sec.
767.
Section
238.12,
Code
2023,
is
amended
to
read
as
follows:
238.12
Appeal
——
judicial
review.
1.
Any
A
licensee
feeling
aggrieved
by
any
a
decision
of
the
administrator
department
revoking
the
licensee’s
license
may
appeal
to
the
council
on
human
services
in
the
manner
of
form
prescribed
by
such
the
council.
The
council
shall,
upon
receipt
of
such
an
appeal
,
give
the
licensee
reasonable
notice
and
opportunity
for
a
fair
hearing
before
such
the
council
or
its
duly
authorized
representative
or
representatives
.
Following
such
the
hearing
the
council
on
human
services
shall
take
its
final
action
and
notify
the
licensee
in
writing.
2.
Judicial
review
of
the
actions
of
the
council
may
be
sought
in
accordance
with
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
.
Sec.
768.
Section
238.16,
Code
2023,
is
amended
to
read
as
follows:
238.16
Rules
and
regulations.
It
shall
be
the
duty
of
the
administrator
to
provide
such
The
department
shall
prescribe
general
regulations
and
rules
for
the
conduct
of
all
such
child-placing
agencies
as
shall
be
necessary
to
effect
the
purposes
of
this
chapter
and
of
all
other
applicable
laws
of
the
state
relating
to
children
so
far
as
the
same
are
applicable
,
and
to
safeguard
the
well-being
of
children
placed
or
cared
for
by
such
agencies.
Sec.
769.
Section
238.17,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
460
238.17
Forms
for
registration
and
record
——
preservation
and
maintenance
.
1.
The
administrator
department
shall
prescribe
forms
for
the
registration
and
record
of
persons
children
cared
for
by
any
child-placing
agency
licensed
under
this
chapter
and
for
reports
required
by
said
administrator
the
department
from
the
agencies.
2.
If,
for
any
reason,
a
child-placing
agency
as
defined
by
section
238.1
shall
cease
ceases
to
exist,
all
records
of
registration
and
placement
and
all
other
records
of
any
kind
and
character
kept
maintained
by
such
the
child-placing
agency
shall
be
turned
over
to
the
administrator
department
,
for
preservation,
to
be
kept
preserved
and
maintained
by
the
said
administrator
department
as
a
permanent
record.
Sec.
770.
Section
238.18,
Code
2023,
is
amended
to
read
as
follows:
238.18
Duty
of
licensee.
1.
A
child-placing
agency
licensed
under
this
chapter
shall
keep
maintain
a
record
and
make
reports
in
the
form
to
be
prescribed
by
the
administrator
department
.
2.
For
a
child
being
placed
by
the
agency,
the
agency’s
duties
shall
include
compliance
with
the
requirements
of
section
232.108
relating
to
visitation
or
ongoing
interaction
between
the
child
and
the
child’s
siblings.
Sec.
771.
Section
238.19,
Code
2023,
is
amended
to
read
as
follows:
238.19
Inspection
generally.
Authorized
employees
of
the
department
of
inspections
and
appeals
may
inspect
the
premises
and
conditions
of
the
agency
at
any
time
,
and
examine
every
part
of
the
agency
;
,
and
may
inquire
into
all
matters
concerning
the
agency
and
the
children
in
the
care
of
the
agency.
Sec.
772.
Section
238.22,
Code
2023,
is
amended
to
read
as
follows:
238.22
Licensee
to
aid
inspection.
The
licensees
A
licensee
shall
give
provide
all
reasonable
information
to
such
inspectors
authorized
under
this
chapter
and
afford
them
the
inspectors
every
reasonable
facility
means
for
obtaining
pertinent
information.
Senate
File
514,
p.
461
Sec.
773.
Section
238.24,
Code
2023,
is
amended
to
read
as
follows:
238.24
Information
confidential
——
exceptions.
1.
Except
as
authorized
by
this
section
,
a
person
who
acquires
under
this
chapter
or
from
the
records
provided
for
in
this
chapter
,
information
relative
to
any
agency
,
or
relative
to
any
individual
cared
for
by
the
agency
,
or
relative
to
any
relative
of
the
individual,
shall
not
directly
or
indirectly
disclose
the
information.
2.
Disclosure
of
information
acquired
under
this
chapter
or
from
the
records
provided
for
in
this
chapter
is
authorized
under
any
of
the
following
circumstances:
a.
Disclosure
made
upon
inquiry
before
a
court
of
law,
or
before
some
other
tribunal,
or
for
the
information
of
the
governor,
general
assembly,
medical
examiners,
administrator,
Iowa
department
of
public
health
director
,
or
the
local
board
of
health
in
the
jurisdiction
where
the
agency
is
located.
b.
Disclosure
may
be
made
by
the
administrator
director
to
proper
persons
as
may
be
in
the
interest
of
a
child
cared
for
by
the
agency
or
in
the
interest
of
the
child’s
parents
or
foster
parents
and
not
inimical
to
the
child,
or
as
may
be
necessary
to
protect
the
interests
of
the
child’s
prospective
foster
parents.
However,
disclosure
of
termination
and
adoption
records
shall
be
governed
by
the
provisions
of
sections
600.16
and
600.16A
.
c.
Disclosure
for
purposes
of
statistical
analysis
performed
by
duly
authorized
persons
of
data
collected
under
this
chapter
or
the
publication
of
the
results
of
such
analysis
in
such
manner
as
will
not
disclose
confidential
information.
Sec.
774.
Section
238.31,
Code
2023,
is
amended
to
read
as
follows:
238.31
Inspection
of
foster
homes.
The
administrator
department
shall
be
satisfied
ensure
that
each
licensed
child-placing
agency
is
maintaining
maintains
proper
standards
in
its
work
,
and
said
administrator
may
at
any
time
cause
the
child
and
home
in
which
the
child
has
been
placed
to
be
visited
by
the
administrator’s
director’s
agents
for
the
purpose
of
ascertaining
whether
the
home
is
a
suitable
one
for
the
child,
and
may
continue
to
visit
and
inspect
the
foster
home
Senate
File
514,
p.
462
and
the
conditions
therein
in
the
foster
home
as
they
affect
said
the
child.
Sec.
775.
Section
238.32,
Code
2023,
is
amended
to
read
as
follows:
238.32
Authority
to
agencies.
Any
institution
incorporated
under
the
laws
of
this
state
or
maintained
for
the
purpose
of
caring
for,
placing
out
for
adoption,
or
otherwise
improving
the
condition
of
unfortunate
children
may,
under
the
conditions
An
agency
as
specified
in
this
chapter
and
when
licensed
in
accordance
with
the
provisions
of
this
chapter
may
do
any
of
the
following
:
1.
Receive
children
in
need
of
assistance
,
or
delinquent
children
who
are
under
eighteen
years
of
age
,
under
commitment
from
found
to
have
committed
a
delinquent
act
by
the
juvenile
court,
and
control
and
dispose
of
them
provide
for
the
disposition
of
the
children
subject
to
the
provisions
of
chapter
232
and
chapter
600A
.
2.
Receive
,
control,
and
dispose
and
provide
for
the
disposition
of
all
minor
children
voluntarily
surrendered
to
such
institutions
the
agency
.
Sec.
776.
Section
238.42,
Code
2023,
is
amended
to
read
as
follows:
238.42
Agreement
in
child
placements.
Every
An
agency
placing
a
child
in
a
foster
home
shall
enter
into
a
written
agreement
with
the
person
taking
the
child
,
which
.
The
agreement
shall
provide
that
the
agency
placing
the
child
shall
have
access
at
all
reasonable
times
to
such
the
child
and
to
the
home
in
which
the
child
is
living,
and
for
the
return
of
the
child
by
the
person
taking
may
remove
the
child
from
the
home
whenever,
in
the
opinion
of
the
agency
placing
such
child,
or
in
the
opinion
of
the
administrator
department
,
removal
is
in
the
best
interests
of
the
child
shall
require
it
.
Sec.
777.
Section
238.45,
Code
2023,
is
amended
to
read
as
follows:
238.45
Penalty.
Every
A
person
who
violates
any
of
the
provisions
provision
of
this
chapter
or
who
intentionally
shall
make
makes
any
false
statements
or
reports
to
the
administrator
with
reference
to
the
matters
contained
herein
department
relative
to
a
provision
of
Senate
File
514,
p.
463
this
chapter
,
shall
be
is
guilty
of
a
fraudulent
practice.
Sec.
778.
Section
239A.2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
of
workforce
development,
in
consultation
with
the
director
of
health
and
human
services,
shall
establish
a
procedure
for
assignment
of
persons
referred
under
section
239A.1
to
positions
available
in
public
works
projects.
The
department
of
workforce
development
shall
arrange
with
units
of
local
government
for
establishment
of
such
projects,
which
may
include
any
type
of
work
or
endeavor
that
is
within
the
scope
of
authority
of
the
unit
of
local
government
involved
so
long
as
the
project
meets
the
following
requirements:
Sec.
779.
Section
239B.1,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
“Department”
means
the
department
of
health
and
human
services.
Sec.
780.
Section
239B.1,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4A.
“Director”
means
the
director
of
health
and
human
services.
Sec.
781.
Section
239B.2,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
Cooperation
with
child
support
requirements.
The
department
shall
provide
for
prompt
notification
of
the
department’s
child
support
recovery
unit
services
if
assistance
is
provided
to
a
child
whose
parent
is
absent
from
the
home.
An
applicant
or
participant
shall
cooperate
with
the
child
support
recovery
unit
services
and
the
department
as
provided
in
42
U.S.C.
§608(a)(2)
unless
the
applicant
or
participant
qualifies
for
good
cause
or
other
exception
as
determined
by
the
department
in
accordance
with
the
best
interest
of
the
child,
parent,
or
specified
relative,
and
with
standards
prescribed
by
rule.
The
authorized
good
cause
or
other
exceptions
shall
include
participation
in
a
family
investment
agreement
safety
plan
option
to
address
or
prevent
family
or
domestic
violence
and
other
consideration
given
to
the
presence
of
family
or
domestic
violence.
If
a
specified
relative
with
whom
a
child
is
residing
fails
to
comply
with
these
cooperation
requirements,
a
sanction
shall
be
imposed
as
defined
by
rule
in
accordance
with
Senate
File
514,
p.
464
state
and
federal
law.
Sec.
782.
Section
239B.8,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
Confidential
information
disclosure.
If
approved
by
the
director
of
human
services
or
the
director’s
designee
pursuant
to
a
written
request,
the
department
shall
disclose
confidential
information
described
in
section
217.30,
subsection
2
,
to
other
state
agencies
or
to
any
other
entity
which
is
not
subject
to
the
provisions
of
chapter
17A
and
is
providing
services
to
a
participant
family
who
is
subject
to
a
family
investment
agreement,
if
necessary
in
order
for
the
participant
family
to
receive
the
services.
The
department
shall
adopt
rules
establishing
standards
for
disclosure
of
confidential
information
if
disclosure
is
necessary
in
order
for
a
participant
to
receive
services.
Sec.
783.
Section
239B.9,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
If
a
participant
responsible
for
signing
and
fulfilling
the
terms
of
a
family
investment
agreement,
as
defined
by
the
director
of
human
services
in
accordance
with
section
239B.8
,
chooses
not
to
sign
or
fulfill
the
terms
of
the
agreement,
the
participant’s
family,
or
the
individual
participant
shall
enter
into
a
limited
benefit
plan.
Initial
actions
in
a
written
statement
under
section
239B.2,
subsection
4
,
which
were
committed
to
by
a
participant
during
the
application
period
and
which
commitment
remains
in
effect,
shall
be
considered
to
be
a
term
of
the
participant’s
family
investment
agreement.
A
limited
benefit
plan
shall
apply
for
the
period
of
time
specified
in
this
section
.
The
first
month
of
the
limited
benefit
plan
is
the
first
month
after
the
month
in
which
timely
and
adequate
notice
of
the
limited
benefit
plan
is
given
to
the
participant
as
defined
by
the
director
of
human
services
.
The
elements
of
a
limited
benefit
plan
shall
be
specified
in
the
department’s
rules.
Sec.
784.
Section
239B.9,
subsection
3,
paragraphs
a
and
c,
Code
2023,
are
amended
to
read
as
follows:
a.
A
participant
who
does
not
establish
an
orientation
appointment
with
the
JOBS
program
or
who
fails
to
keep
or
reschedule
an
orientation
appointment
shall
receive
a
reminder
Senate
File
514,
p.
465
letter
which
informs
the
participant
that
those
who
do
not
attend
orientation
have
elected
to
choose
a
limited
benefit
plan.
A
participant
who
chooses
not
to
respond
to
the
reminder
letter
within
ten
calendar
days
from
the
mailing
date
shall
receive
notice
establishing
the
effective
date
of
the
limited
benefit
plan.
If
a
participant
is
deemed
to
have
chosen
a
limited
benefit
plan,
timely
and
adequate
notice
provisions,
as
determined
by
the
director
of
human
services
,
shall
apply.
c.
A
participant
who
has
signed
a
family
investment
agreement
but
then
chooses
a
limited
benefit
plan
under
circumstances
defined
by
the
director
of
human
services
.
Sec.
785.
Section
239B.12,
Code
2023,
is
amended
to
read
as
follows:
239B.12
Immunization.
1.
To
the
extent
feasible,
the
department
shall
determine
the
immunization
status
of
children
receiving
assistance
under
this
chapter
.
The
status
shall
be
determined
in
accordance
with
the
immunization
recommendations
adopted
by
the
Iowa
department
of
public
health
under
section
139A.8
,
including
the
exemption
provisions
in
section
139A.8,
subsection
4
.
If
the
department
determines
a
child
is
not
in
compliance
with
the
immunization
recommendations,
the
department
shall
refer
the
child’s
parent
or
guardian
to
a
local
public
health
agency
for
immunization
services
for
the
child
and
other
members
of
the
child’s
family.
2.
The
department
of
human
services
shall
cooperate
with
the
Iowa
department
of
public
health
to
establish
an
interagency
agreement
allowing
the
sharing
of
pertinent
client
data,
as
permitted
under
federal
law
and
regulation,
for
the
purposes
of
determining
determine
immunization
rates
of
participants,
evaluating
evaluate
family
investment
program
efforts
to
encourage
immunizations,
and
developing
develop
strategies
to
further
encourage
immunization
of
participants.
Sec.
786.
Section
239B.16,
Code
2023,
is
amended
to
read
as
follows:
239B.16
Appeal
——
judicial
review.
If
an
applicant’s
application
is
not
acted
upon
within
a
reasonable
time,
if
it
is
denied
in
whole
or
in
part,
or
if
a
participant’s
assistance
or
other
benefits
under
this
chapter
are
modified,
suspended,
or
canceled
under
a
provision
Senate
File
514,
p.
466
of
this
chapter
,
the
applicant
or
participant
may
appeal
to
the
department
of
human
services
which
shall
request
the
department
of
inspections
and
appeals
to
conduct
a
hearing.
Upon
completion
of
a
hearing,
the
department
of
inspections
and
appeals
shall
issue
a
decision
which
is
subject
to
review
by
the
department
of
human
services
.
Judicial
review
of
the
actions
of
the
department
of
human
services
may
be
sought
in
accordance
with
chapter
17A
.
Upon
receipt
of
a
notice
of
the
filing
of
a
petition
for
judicial
review,
the
department
of
human
services
shall
furnish
the
petitioner
with
a
copy
of
any
papers
filed
in
support
of
the
petitioner’s
position,
a
transcript
of
any
testimony
taken,
and
a
copy
of
the
department’s
decision.
Sec.
787.
Section
239B.17,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Program
established.
The
promoting
independence
and
self-sufficiency
through
employment
job
opportunities
and
basic
skills
program
is
established
for
applicants
and
participants
of
the
family
investment
program.
The
requirements
of
the
JOBS
program
shall
vary
as
provided
in
the
family
investment
agreement
applicable
to
a
family.
The
department
of
workforce
development,
economic
development
authority,
department
of
education,
and
all
other
state,
county,
and
public
educational
agencies
and
institutions
providing
vocational
rehabilitation,
adult
education,
or
vocational
or
technical
training
shall
assist
and
cooperate
in
the
JOBS
program.
The
departments,
agencies,
and
institutions
shall
make
agreements
and
arrangements
for
maximum
cooperation
and
use
of
all
available
resources
in
the
program.
The
department
of
human
services
may
contract
with
the
department
of
workforce
development,
the
economic
development
authority,
or
another
appropriate
entity
to
provide
JOBS
program
services.
Sec.
788.
Section
241.1,
Code
2023,
is
amended
to
read
as
follows:
241.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Department”
means
the
department
of
health
and
human
services.
2.
“Director”
means
the
director
of
health
and
human
Senate
File
514,
p.
467
services.
1.
3.
“Displaced
homemaker”
means
an
individual
who
meets
all
of
the
following
criteria:
a.
Has
worked
principally
in
the
home
providing
unpaid
household
services
for
family
members.
b.
Is
not
gainfully
employed.
c.
Has
had,
or
would
apparently
have,
difficulty
finding
appropriate
paid
employment.
d.
Has
been
dependent
on
the
income
of
another
family
member
but
is
no
longer
supported
by
that
income,
is
or
has
been
dependent
on
government
assistance,
or
is
supported
as
the
parent
of
a
child
who
is
sixteen
or
seventeen
years
of
age.
2.
“Department”
means
the
department
of
human
services.
3.
“Director”
means
the
director
of
the
department
of
human
services.
Sec.
789.
Section
241.3,
subsection
2,
Code
2023,
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
of
human
rights
,
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.
790.
Section
249.1,
Code
2023,
is
amended
to
read
as
follows:
249.1
Definitions.
As
used
in
this
chapter
:
1.
“Council”
means
the
council
on
health
and
human
services.
1.
2.
“Department”
means
the
department
of
health
and
human
services.
2.
3.
“Director”
means
the
director
of
health
and
human
services.
3.
4.
“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.
Senate
File
514,
p.
468
4.
5.
“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
.
5.
6.
“State
supplementary
assistance”
means
cash
payments
made
to
individuals:
a.
By
the
United
States
government
on
behalf
of
the
state
of
Iowa
pursuant
to
section
249.2
.
b.
By
the
state
of
Iowa
directly
pursuant
to
sections
249.3
through
249.5
.
Sec.
791.
Section
249.4,
subsection
1,
Code
2023,
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
on
human
services
,
pursuant
to
chapter
17A
.
Each
person
who
so
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.
792.
Section
249.5,
Code
2023,
is
amended
to
read
as
follows:
249.5
Judicial
review.
If
an
application
is
not
acted
upon
within
a
reasonable
time,
if
it
is
denied
in
whole
or
in
part,
or
if
an
award
of
assistance
is
modified,
suspended,
or
canceled
under
a
provision
of
this
chapter
,
the
applicant
or
recipient
may
appeal
to
the
department
of
human
services
,
which
shall
request
the
department
of
inspections
and
appeals
to
conduct
a
hearing.
Upon
completion
of
a
hearing,
the
department
of
inspections
and
appeals
shall
issue
a
decision
which
is
subject
to
review
by
the
department
of
human
services
.
Judicial
review
of
the
actions
of
the
department
of
human
services
may
be
sought
in
accordance
with
chapter
17A
.
Upon
receipt
of
the
petition
for
judicial
review,
the
department
of
human
services
shall
furnish
the
petitioner
with
a
copy
of
any
papers
filed
by
the
petitioner
in
support
of
the
petitioner’s
position,
a
transcript
of
any
testimony
taken,
and
a
copy
of
the
department’s
decision.
Sec.
793.
Section
249.8,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
469
follows:
249.8
Cancellation
of
warrants.
The
director
of
the
department
of
administrative
services,
as
of
January,
April,
July,
and
October
1
of
each
year,
shall
stop
payment
on
and
issue
duplicates
of
all
state
supplementary
assistance
warrants
which
have
been
outstanding
and
unredeemed
by
the
treasurer
of
state
for
six
months
or
longer.
No
A
bond
of
indemnity
shall
not
be
required
for
the
issuance
of
such
the
duplicate
warrants
which
shall
be
canceled
immediately
by
the
director
of
the
department
of
administrative
services.
If
the
original
warrants
are
subsequently
presented
for
payment,
warrants
in
lieu
thereof
of
the
original
warrants
shall
be
issued
by
the
director
of
the
department
of
administrative
services
at
the
discretion
of
and
upon
certification
by
the
director
of
human
services
or
the
director’s
designee.
Sec.
794.
Section
249.11,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
department
of
inspections
and
appeals
shall
conduct
investigations
and
audits
as
deemed
necessary
to
ensure
compliance
with
state
supplementary
assistance
programs
administered
under
this
chapter
.
The
department
of
inspections
and
appeals
shall
cooperate
with
the
department
of
human
services
on
the
development
of
procedures
relating
to
such
investigations
and
audits
to
ensure
compliance
with
federal
and
state
single
state
agency
requirements.
Sec.
795.
Section
249.12,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
In
order
to
assure
that
the
necessary
data
is
available
to
aid
the
general
assembly
to
determine
appropriate
funding
for
the
custodial
care
program,
the
department
of
human
services
shall
develop
a
cost-related
system
for
financial
supplementation
to
individuals
who
need
custodial
care
and
who
have
insufficient
resources
to
purchase
the
care
needed.
2.
All
privately
operated
licensed
custodial
facilities
in
Iowa
shall
cooperate
with
the
department
of
human
services
to
develop
the
cost-related
plan.
Sec.
796.
Section
249A.2,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
“Department”
means
the
department
of
health
and
human
Senate
File
514,
p.
470
services.
2.
“Director”
means
the
director
of
health
and
human
services.
Sec.
797.
Section
249A.4,
subsection
10,
paragraph
c,
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
nursing
facility
that
utilizes
the
supplementation
option
and
receives
supplementation
under
this
subsection
during
any
calendar
year
shall
report
to
the
department
of
human
services
annually,
by
January
15,
the
following
information
for
the
preceding
calendar
year:
Sec.
798.
Section
249A.4,
subsection
11,
Code
2023,
is
amended
to
read
as
follows:
11.
Shall
provide
an
opportunity
for
a
fair
hearing
before
the
department
of
inspections
and
appeals
to
an
individual
whose
claim
for
medical
assistance
under
this
chapter
is
denied
or
is
not
acted
upon
with
reasonable
promptness.
Upon
completion
of
a
hearing,
the
department
of
inspections
and
appeals
shall
issue
a
decision
which
is
subject
to
review
by
the
department
of
human
services
.
Judicial
review
of
the
decisions
of
the
department
of
human
services
may
be
sought
in
accordance
with
chapter
17A
.
If
a
petition
for
judicial
review
is
filed,
the
department
of
human
services
shall
furnish
the
petitioner
with
a
copy
of
the
application
and
all
supporting
papers,
a
transcript
of
the
testimony
taken
at
the
hearing,
if
any,
and
a
copy
of
its
decision.
Sec.
799.
Section
249A.4B,
Code
2023,
is
amended
to
read
as
follows:
249A.4B
Medical
assistance
advisory
council.
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.
The
director
of
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.
2.
a.
The
council
shall
consist
of
the
following
voting
Senate
File
514,
p.
471
members:
(1)
Five
professional
or
business
entity
members
selected
by
the
entities
specified
pursuant
to
subsection
3
,
paragraph
“a”
.
(2)
Five
public
members
appointed
pursuant
to
subsection
3
,
paragraph
“b”
.
Of
the
five
public
members,
at
least
one
member
shall
be
a
recipient
of
medical
assistance.
b.
The
council
shall
include
all
of
the
following
nonvoting
members:
(1)
The
director
of
public
health,
or
the
director’s
designee
responsible
for
public
health
or
their
designee
.
(2)
The
director
of
the
department
on
aging,
or
the
director’s
designee.
(3)
(2)
The
long-term
care
ombudsman,
or
the
long-term
care
ombudsman’s
designee.
(4)
(3)
The
dean
of
Des
Moines
university
——
college
of
osteopathic
medical
center
medicine
,
or
the
dean’s
designee.
(5)
(4)
The
dean
of
the
university
of
Iowa
college
of
medicine,
or
the
dean’s
designee.
(6)
(5)
A
member
of
the
hawk-i
Hawki
board
created
in
section
514I.5
,
selected
by
the
members
of
the
hawk-i
Hawki
board.
(7)
(6)
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.
3.
The
voting
membership
of
the
council
shall
be
selected
or
appointed
as
follows:
a.
The
five
professional
or
business
entity
members
shall
be
selected
by
the
entities
specified
under
this
paragraph
“a”
.
The
five
professional
or
business
entity
members
selected
shall
be
the
president,
or
the
president’s
representative,
of
the
professional
or
business
entity,
or
a
member
of
the
professional
or
business
entity,
designated
by
the
entity.
Senate
File
514,
p.
472
(1)
The
Iowa
medical
society.
(2)
The
Iowa
osteopathic
medical
association.
(3)
The
Iowa
academy
of
family
physicians.
(4)
The
Iowa
chapter
of
the
American
academy
of
pediatrics.
(5)
The
Iowa
physical
therapy
association.
(6)
The
Iowa
dental
association.
(7)
The
Iowa
nurses
association.
(8)
The
Iowa
pharmacy
association.
(9)
The
Iowa
podiatric
medical
society.
(10)
The
Iowa
optometric
association.
(11)
The
Iowa
association
of
community
providers.
(12)
The
Iowa
psychological
association.
(13)
The
Iowa
psychiatric
society.
(14)
The
Iowa
chapter
of
the
national
association
of
social
workers.
(15)
The
coalition
for
family
and
children’s
services
in
Iowa.
(16)
The
Iowa
hospital
association.
(17)
The
Iowa
association
of
rural
health
clinics.
(18)
The
Iowa
primary
care
association.
(19)
Free
clinics
of
Iowa.
(20)
The
opticians’
association
of
Iowa,
inc.
(21)
The
Iowa
association
of
hearing
health
professionals.
(22)
The
Iowa
speech
and
hearing
association.
(23)
The
Iowa
health
care
association.
(24)
The
Iowa
association
of
area
agencies
on
aging.
(25)
AARP.
(26)
The
Iowa
caregivers
association.
(27)
Leading
age
Iowa.
(28)
The
Iowa
association
for
home
care.
(29)
The
Iowa
council
of
health
care
centers.
(30)
The
Iowa
physician
assistant
society.
(31)
The
Iowa
association
of
nurse
practitioners.
(32)
The
Iowa
nurse
practitioner
society.
(33)
The
Iowa
occupational
therapy
association.
(34)
The
ARC
of
Iowa,
formerly
known
as
the
association
for
retarded
citizens
of
Iowa.
(35)
The
national
alliance
on
mental
illness.
(36)
The
Iowa
state
association
of
counties.
Senate
File
514,
p.
473
(37)
The
Iowa
developmental
disabilities
council.
(38)
The
Iowa
chiropractic
society.
(39)
The
Iowa
academy
of
nutrition
and
dietetics.
(40)
The
Iowa
behavioral
health
association.
(41)
The
midwest
association
for
medical
equipment
services
or
an
affiliated
Iowa
organization.
b.
The
five
public
members
shall
be
public
representatives
which
may
include
members
of
consumer
groups,
including
recipients
of
medical
assistance
or
their
families,
consumer
organizations,
and
others,
appointed
by
the
governor
for
staggered
terms
of
two
years
each,
none
of
whom
shall
be
members
of,
or
practitioners
of,
or
have
a
pecuniary
interest
in
any
of
the
professional
or
business
entities
specifically
represented
under
paragraph
“a”
.
4.
Based
upon
the
deliberations
of
the
council,
the
council
shall
make
recommendations
to
the
director
regarding
the
budget,
policy,
and
administration
of
the
medical
assistance
program.
5.
For
each
council
meeting,
other
than
those
held
during
the
time
the
general
assembly
is
in
session,
each
legislative
member
of
the
council
shall
be
reimbursed
for
actual
travel
and
other
necessary
expenses
and
shall
receive
a
per
diem
as
specified
in
section
7E.6
for
each
day
in
attendance,
as
shall
the
members
of
the
council
who
are
recipients
or
the
family
members
of
recipients
of
medical
assistance,
regardless
of
whether
the
general
assembly
is
in
session.
6.
The
department
shall
provide
staff
support
and
independent
technical
assistance
to
the
council.
7.
The
director
shall
consider
the
recommendations
offered
by
the
council
in
the
director’s
preparation
of
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.
800.
Section
249A.11,
Code
2023,
is
amended
to
read
as
follows:
249A.11
Payment
for
patient
care
segregated.
A
state
resource
center
or
mental
health
institute,
upon
receipt
of
any
payment
made
under
this
chapter
for
the
care
of
any
patient,
shall
segregate
an
amount
equal
to
that
portion
of
Senate
File
514,
p.
474
the
payment
which
is
required
by
law
to
be
made
from
nonfederal
funds.
The
money
segregated
shall
be
deposited
in
the
medical
assistance
fund
of
the
department
of
human
services
.
Sec.
801.
Section
249A.12,
subsection
5,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
department
of
human
services
shall
seek
federal
approval
to
amend
the
home
and
community-based
services
waiver
for
persons
with
an
intellectual
disability
to
include
day
habilitation
services.
Inclusion
of
day
habilitation
services
in
the
waiver
shall
take
effect
upon
receipt
of
federal
approval.
Sec.
802.
Section
249A.15A,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
entitling
alcohol
and
drug
counselors
who
are
certified
by
the
nongovernmental
Iowa
board
of
substance
abuse
certification
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.
Sec.
803.
Section
249A.21,
subsection
9,
Code
2023,
is
amended
to
read
as
follows:
9.
The
department
of
human
services
may
procure
a
sole
source
contract
to
implement
the
provisions
of
this
section
.
Sec.
804.
Section
249A.24,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
In
addition
to
any
other
duties
prescribed,
the
commission
shall
make
recommendations
to
the
council
on
health
and
human
services
regarding
strategies
to
reduce
state
expenditures
for
prescription
drugs
under
the
medical
assistance
program
excluding
provider
reimbursement
rates.
The
commission
shall
make
initial
recommendations
to
the
council
by
October
1,
2002.
Following
approval
of
any
recommendation
by
the
council
on
health
and
human
services,
the
department
shall
include
the
approved
recommendation
in
a
notice
of
intended
action
under
chapter
17A
and
shall
comply
with
chapter
17A
in
adopting
any
rules
to
implement
the
recommendation.
The
department
shall
seek
any
federal
waiver
necessary
to
implement
any
approved
recommendation.
The
strategies
to
be
considered
for
Senate
File
514,
p.
475
recommendation
by
the
commission
shall
include
at
a
minimum
all
of
the
following:
Sec.
805.
Section
249A.26,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Except
as
provided
for
disallowed
costs
in
section
249A.27
,
the
state
shall
pay
one
hundred
percent
of
the
nonfederal
share
of
the
cost
of
case
management
provided
to
adults,
day
treatment,
and
partial
hospitalization
provided
under
the
medical
assistance
program
for
persons
with
an
intellectual
disability,
a
developmental
disability,
or
chronic
mental
illness.
For
purposes
of
this
section
,
persons
with
mental
disorders
resulting
from
Alzheimer’s
disease
or
a
substance-related
substance
use
disorder
shall
not
be
considered
to
be
persons
with
chronic
mental
illness.
Sec.
806.
Section
249A.29,
Code
2023,
is
amended
to
read
as
follows:
249A.29
Home
and
community-based
services
waiver
providers
——
records
checks.
1.
For
purposes
of
this
section
and
section
249A.30
unless
the
context
otherwise
requires:
a.
“Consumer”
means
an
individual
approved
by
the
department
to
receive
services
under
a
waiver.
b.
“Provider”
means
an
agency
certified
by
the
department
to
provide
services
under
a
waiver.
c.
“Waiver”
means
a
home
and
community-based
services
waiver
approved
by
the
federal
government
and
implemented
under
the
medical
assistance
program.
2.
If
a
person
is
being
considered
by
a
provider
for
employment
involving
direct
responsibility
for
a
consumer
or
with
access
to
a
consumer
when
the
consumer
is
alone,
and
if
the
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
or
dependent
adult
abuse,
the
record
check
evaluation
system
of
the
department
shall
perform
an
evaluation
to
determine
whether
the
crime
or
founded
abuse
warrants
prohibition
of
employment
by
the
provider.
The
department
record
check
evaluation
system
shall
conduct
criminal
and
child
and
dependent
adult
abuse
records
checks
of
the
person
in
this
state
and
may
conduct
these
checks
in
other
states.
The
records
checks
and
evaluations
required
by
this
section
shall
Senate
File
514,
p.
476
be
performed
in
accordance
with
procedures
adopted
for
this
purpose
by
the
department.
3.
If
the
department
record
check
evaluation
system
determines
that
a
person
employed
by
a
provider
has
committed
a
crime
or
has
a
record
of
founded
abuse,
the
department
record
check
evaluation
system
shall
perform
an
evaluation
to
determine
whether
prohibition
of
the
person’s
employment
is
warranted.
4.
In
an
evaluation,
the
department
record
check
evaluation
system
shall
consider
the
nature
and
seriousness
of
the
crime
or
founded
abuse
in
relation
to
the
position
sought
or
held,
the
time
elapsed
since
the
commission
of
the
crime
or
founded
abuse,
the
circumstances
under
which
the
crime
or
founded
abuse
was
committed,
the
degree
of
rehabilitation,
the
likelihood
that
the
person
will
commit
the
crime
or
founded
abuse
again,
and
the
number
of
crimes
or
founded
abuses
committed
by
the
person
involved.
The
department
record
check
evaluation
system
may
permit
a
person
who
is
evaluated
to
be
employed
or
to
continue
to
be
employed
by
the
provider
if
the
person
complies
with
the
department’s
record
check
evaluation
system’s
conditions
relating
to
the
employment,
which
may
include
completion
of
additional
training.
5.
If
the
department
record
check
evaluation
system
determines
that
the
person
has
committed
a
crime
or
has
a
record
of
founded
abuse
which
warrants
prohibition
of
employment,
the
person
shall
not
be
employed
by
a
provider.
Sec.
807.
Section
249A.32B,
Code
2023,
is
amended
to
read
as
follows:
249A.32B
Early
and
periodic
screening,
diagnosis,
and
treatment
funding.
The
department
of
human
services
,
in
consultation
with
the
Iowa
department
of
public
health
and
the
department
of
education,
shall
continue
the
program
to
utilize
the
early
and
periodic
screening,
diagnosis,
and
treatment
program
funding
under
the
medical
assistance
program,
to
the
extent
possible,
to
implement
the
screening
component
of
the
early
and
periodic
screening,
diagnosis,
and
treatment
program
through
the
schools.
The
department
may
enter
into
contracts
to
utilize
maternal
and
child
health
centers,
the
public
health
nursing
Senate
File
514,
p.
477
program,
or
school
nurses
in
implementing
this
section
.
Sec.
808.
Section
249A.33,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
pharmaceutical
settlement
account
is
created
in
the
state
treasury
under
the
authority
of
the
department
of
human
services
.
Moneys
received
from
settlements
relating
to
provision
of
pharmaceuticals
under
the
medical
assistance
program
shall
be
deposited
in
the
account.
Sec.
809.
Section
249A.37,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Provide,
with
respect
to
individuals
who
are
eligible
for
or
are
provided
medical
assistance
under
the
state’s
medical
assistance
state
plan,
upon
the
request
of
the
state,
information
to
determine
during
what
period
the
individual
or
the
individual’s
spouse
or
dependents
may
be
or
may
have
been
covered
by
a
health
insurer
and
the
nature
of
the
coverage
that
is
or
was
provided
by
the
health
insurer,
including
the
name,
address,
and
identifying
number
of
the
plan,
in
accordance
with
section
505.25
,
in
a
manner
prescribed
by
the
department
of
human
services
or
as
agreed
upon
by
the
department
and
the
entity
specified
in
this
section
.
Sec.
810.
Section
249A.37,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
department
of
human
services
may
adopt
rules
pursuant
to
chapter
17A
as
necessary
to
implement
this
section
.
Rules
governing
the
exchange
of
information
under
this
section
shall
be
consistent
with
all
laws,
regulations,
and
rules
relating
to
the
confidentiality
or
privacy
of
personal
information
or
medical
records,
including
but
not
limited
to
the
federal
Health
Insurance
Portability
and
Accountability
Act
of
1996,
Pub.
L.
No.
104-191,
and
regulations
promulgated
in
accordance
with
that
Act
and
published
in
45
C.F.R.
pts.
160
–
164.
Sec.
811.
Section
249A.48,
Code
2023,
is
amended
to
read
as
follows:
249A.48
Temporary
moratoria.
1.
The
Iowa
Medicaid
enterprise
program
shall
impose
a
temporary
moratorium
on
the
enrollment
of
new
providers
or
provider
types
identified
by
the
centers
for
Medicare
and
Medicaid
services
of
the
United
States
department
of
health
Senate
File
514,
p.
478
and
human
services
as
posing
an
increased
risk
to
the
medical
assistance
Medicaid
program.
a.
This
section
shall
not
be
interpreted
to
require
the
Iowa
Medicaid
enterprise
program
to
impose
a
moratorium
if
the
Iowa
Medicaid
enterprise
program
determines
that
imposition
of
a
temporary
moratorium
would
adversely
affect
access
of
recipients
to
medical
assistance
services.
b.
If
the
Iowa
Medicaid
enterprise
program
makes
a
determination
as
specified
in
paragraph
“a”
,
the
Iowa
Medicaid
enterprise
program
shall
notify
the
centers
for
Medicare
and
Medicaid
services
of
the
United
States
department
of
health
and
human
services
in
writing.
2.
The
Iowa
Medicaid
enterprise
program
may
impose
a
temporary
moratorium
on
the
enrollment
of
new
providers,
or
impose
numerical
caps
or
other
limits
that
the
Iowa
Medicaid
enterprise
program
and
the
centers
for
Medicare
and
Medicaid
services
identify
as
having
a
significant
potential
for
fraud,
waste,
or
abuse.
a.
Before
implementing
the
moratorium,
caps,
or
other
limits,
the
Iowa
Medicaid
enterprise
program
shall
determine
that
its
action
would
not
adversely
impact
access
by
recipients
to
medical
assistance
Medicaid
services.
b.
The
Iowa
Medicaid
enterprise
program
shall
notify,
in
writing,
the
centers
for
Medicare
and
Medicaid
services,
if
the
Iowa
Medicaid
enterprise
program
seeks
to
impose
a
moratorium
under
this
subsection
,
including
all
of
the
details
of
the
moratorium.
The
Iowa
Medicaid
enterprise
program
shall
receive
approval
from
the
centers
for
Medicare
and
Medicaid
services
prior
to
imposing
a
moratorium
under
this
subsection
.
3.
a.
The
Iowa
Medicaid
enterprise
program
shall
impose
any
moratorium
for
an
initial
period
of
six
months.
b.
If
the
Iowa
Medicaid
enterprise
program
determines
that
it
is
necessary,
the
Iowa
Medicaid
enterprise
program
may
extend
the
moratorium
in
six-month
increments.
Each
time
a
moratorium
is
extended,
the
Iowa
Medicaid
enterprise
program
shall
document,
in
writing,
the
necessity
for
extending
the
moratorium.
Sec.
812.
Section
249A.50,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
479
2.
The
department
of
inspections
and
appeals
shall
conduct
investigations
and
audits
as
deemed
necessary
to
ensure
compliance
with
the
medical
assistance
program
administered
under
this
chapter
.
The
department
of
inspections
and
appeals
shall
cooperate
with
the
department
of
human
services
on
the
development
of
procedures
relating
to
such
investigations
and
audits
to
ensure
compliance
with
federal
and
state
single
state
agency
requirements.
Sec.
813.
Section
249B.1,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
“Department”
means
the
department
of
health
and
human
services.
Sec.
814.
Section
249F.1,
Code
2023,
is
amended
to
read
as
follows:
249F.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Department”
means
the
department
of
health
and
human
services.
1.
2.
“Medical
assistance”
means
“mandatory
medical
assistance”
,
“optional
medical
assistance”
,
“discretionary
medical
assistance”
,
or
“Medicare
cost
sharing”
as
each
is
defined
in
section
249A.2
which
is
provided
to
an
individual
pursuant
to
chapter
249A
and
Tit.
XIX
of
the
federal
Social
Security
Act.
2.
3.
a.
“Transfer
of
assets”
means
any
transfer
or
assignment
of
a
legal
or
equitable
interest
in
property,
as
defined
in
section
702.14
,
from
a
transferor
to
a
transferee
for
less
than
fair
consideration,
made
while
the
transferor
is
receiving
medical
assistance
or
within
five
years
prior
to
application
for
medical
assistance
by
the
transferor.
Any
such
transfer
or
assignment
is
presumed
to
be
made
with
the
intent,
on
the
part
of
the
transferee;
transferor;
or
another
person
acting
on
behalf
of
a
transferor
who
is
an
actual
or
implied
agent,
guardian,
attorney-in-fact,
or
person
acting
as
a
fiduciary,
of
enabling
the
transferor
to
obtain
or
maintain
eligibility
for
medical
assistance
or
of
impacting
the
recovery
or
payment
of
a
medical
assistance
debt.
This
presumption
is
rebuttable
only
by
clear
and
convincing
evidence
that
the
Senate
File
514,
p.
480
transferor’s
eligibility
or
potential
eligibility
for
medical
assistance
or
the
impact
on
the
recovery
or
payment
of
a
medical
assistance
debt
was
no
part
of
the
reason
of
the
transferee;
transferor;
or
other
person
acting
on
behalf
of
a
transferor
who
is
an
actual
or
implied
agent,
guardian,
attorney-in-fact,
or
person
acting
as
a
fiduciary
for
making
or
accepting
the
transfer
or
assignment.
A
transfer
of
assets
includes
a
transfer
of
an
interest
in
the
transferor’s
home,
domicile,
or
land
appertaining
to
such
home
or
domicile
while
the
transferor
is
receiving
medical
assistance,
unless
otherwise
exempt
under
paragraph
“b”
.
b.
However,
transfer
of
assets
does
not
include
the
following:
(1)
Transfers
to
or
for
the
sole
benefit
of
the
transferor’s
spouse,
including
a
transfer
to
a
spouse
by
an
institutionalized
spouse
pursuant
to
section
1924(f)(1)
of
the
federal
Social
Security
Act.
(2)
Transfers
to
or
for
the
sole
benefit
of
the
transferor’s
child
who
is
blind
or
has
a
disability
as
defined
in
section
1614
of
the
federal
Social
Security
Act.
(3)
Transfer
of
a
dwelling,
which
serves
as
the
transferor’s
home
as
defined
in
20
C.F.R.
§416.1212,
to
a
child
of
the
transferor
under
twenty-one
years
of
age.
(4)
Transfer
of
a
dwelling,
which
serves
as
the
transferor’s
home
as
defined
in
20
C.F.R.
§416.1212,
after
the
transferor
is
institutionalized,
to
either
of
the
following:
(a)
A
sibling
of
the
transferor
who
has
an
equity
interest
in
the
dwelling
and
who
was
residing
in
the
dwelling
for
a
period
of
at
least
one
year
immediately
prior
to
the
date
the
transferor
became
institutionalized.
(b)
A
child
of
the
transferor
who
was
residing
in
the
dwelling
for
a
period
of
at
least
two
years
immediately
prior
to
the
date
the
transferor
became
institutionalized
and
who
provided
care
to
the
transferor
which
permitted
the
transferor
to
reside
at
the
dwelling
rather
than
in
an
institution
or
facility.
(5)
Transfers
of
less
than
two
thousand
dollars.
However,
all
transfers
by
the
same
transferor
during
the
five-year
period
prior
to
application
for
medical
assistance
by
the
transferor
Senate
File
514,
p.
481
shall
be
aggregated.
If
a
transferor
transfers
property
to
more
than
one
transferee
during
the
five-year
period
prior
to
application
for
medical
assistance
by
the
transferor,
the
two
thousand
dollar
exemption
shall
be
divided
equally
between
the
transferees.
(6)
Transfers
of
assets
that
would,
at
the
time
of
the
transferor’s
application
for
medical
assistance,
have
been
exempt
from
consideration
as
a
resource
if
retained
by
the
transferor,
pursuant
to
42
U.S.C.
§1382b(a),
as
implemented
by
regulations
adopted
by
the
secretary
of
the
United
States
department
of
health
and
human
services,
excluding
the
home
and
land
appertaining
to
the
home.
(7)
Transfers
to
a
trust
established
solely
for
the
benefit
of
the
transferor’s
child
who
is
blind
or
permanently
and
totally
disabled
as
defined
in
the
federal
Social
Security
Act,
section
1614,
as
codified
in
42
U.S.C.
§1382c.
(8)
Transfers
to
a
trust
established
solely
for
the
benefit
of
an
individual
under
sixty-five
years
of
age
who
is
disabled,
as
defined
in
the
federal
Social
Security
Act,
section
1614,
as
codified
in
42
U.S.C.
§1382c.
3.
4.
“Transferee”
means
the
person
who
receives
a
transfer
of
assets.
4.
5.
“Transferor”
means
the
person
who
makes
a
transfer
of
assets.
Sec.
815.
Section
249F.2,
Code
2023,
is
amended
to
read
as
follows:
249F.2
Creation
of
debt.
A
transfer
of
assets
creates
a
debt
due
and
owing
to
the
department
of
human
services
from
the
transferee
in
an
amount
equal
to
medical
assistance
provided
to
or
on
behalf
of
the
transferor,
on
or
after
the
date
of
the
transfer
of
assets,
but
not
exceeding
the
fair
market
value
of
the
assets
at
the
time
of
the
transfer.
Sec.
816.
Section
249F.3,
Code
2023,
is
amended
to
read
as
follows:
249F.3
Notice
of
debt
——
failure
to
respond
——
hearing
——
order.
1.
The
department
of
human
services
may
issue
a
notice
establishing
and
demanding
payment
of
an
accrued
or
accruing
Senate
File
514,
p.
482
debt
due
and
owing
to
the
department
of
human
services
as
provided
in
section
249F.2
.
The
notice
shall
be
sent
by
restricted
certified
mail
as
defined
in
section
618.15
,
to
the
transferee
at
the
transferee’s
last
known
address.
If
service
of
the
notice
is
unable
to
be
completed
by
restricted
certified
mail,
the
notice
shall
be
served
upon
the
transferee
in
accordance
with
the
rules
of
civil
procedure.
The
notice
shall
include
all
of
the
following:
a.
The
amount
of
medical
assistance
provided
to
the
transferor
to
date
which
creates
the
debt.
b.
A
computation
of
the
debt
due
and
owing.
c.
A
demand
for
immediate
payment
of
the
debt.
d.
(1)
A
statement
that
if
the
transferee
desires
to
discuss
the
notice,
the
transferee,
within
ten
days
after
being
served,
may
contact
the
department
of
human
services
and
request
an
informal
conference.
(2)
A
statement
that
if
a
conference
is
requested,
the
transferee
has
until
ten
days
after
the
date
set
for
the
conference
or
until
twenty
days
after
the
date
of
service
of
the
original
notice,
whichever
is
later,
to
send
a
request
for
a
hearing
to
the
department
of
human
services
.
(3)
A
statement
that
after
the
holding
of
the
conference,
the
department
of
human
services
may
issue
a
new
notice
to
be
sent
to
the
transferee
by
first-class
mail
addressed
to
the
transferee
at
the
transferee’s
last
known
address,
or
if
applicable,
to
the
transferee’s
attorney
at
the
last
known
address
of
the
transferee’s
attorney.
(4)
A
statement
that
if
the
department
of
human
services
issues
a
new
notice,
the
transferee
has
until
ten
days
after
the
date
of
mailing
of
the
new
notice
or
until
twenty
days
after
the
date
of
service
of
the
original
notice,
whichever
is
later,
to
send
a
request
for
a
hearing
to
the
department
of
human
services
.
e.
A
statement
that
if
the
transferee
objects
to
all
or
any
part
of
the
original
notice
and
no
conference
is
requested,
the
transferee
has
until
twenty
days
after
the
date
of
service
of
the
original
notice
to
send
a
written
response
setting
forth
any
objections
and
requesting
a
hearing
to
the
department
of
human
services
.
Senate
File
514,
p.
483
f.
A
statement
that
if
a
timely
written
request
for
a
hearing
is
received
by
the
department
of
human
services
,
the
transferee
has
the
right
to
a
hearing
to
be
held
in
district
court
as
provided
in
section
249F.4
;
and
that
if
no
timely
written
request
for
hearing
is
received,
the
department
of
human
services
will
enter
an
order
in
accordance
with
the
latest
notice.
g.
A
statement
that
as
soon
as
the
order
is
entered,
the
property
of
the
transferee
is
subject
to
collection
action,
including
but
not
limited
to
wage
withholding,
garnishment,
attachment
of
a
lien,
or
execution.
h.
A
statement
that
the
transferee
must
notify
the
department
of
human
services
of
any
change
of
address
or
employment.
i.
A
statement
that
if
the
transferee
has
any
questions
concerning
the
transfer
of
assets,
the
transferee
should
contact
the
department
of
human
services
or
consult
an
attorney.
j.
Other
information
as
the
department
of
human
services
finds
appropriate.
2.
If
a
timely
written
request
for
hearing
is
received
by
the
department
of
human
services
,
a
hearing
shall
be
held
in
district
court.
3.
If
a
timely
written
request
for
hearing
is
not
received
by
the
department
of
human
services
,
the
department
may
enter
an
order
in
accordance
with
the
latest
notice,
and
the
order
shall
specify
all
of
the
following:
a.
The
amount
to
be
paid
with
directions
as
to
the
manner
of
payment.
b.
The
amount
of
the
debt
accrued
and
accruing
in
favor
of
the
department
of
human
services
.
c.
Notice
that
the
property
of
the
transferee
is
subject
to
collection
action,
including
but
not
limited
to
wage
withholding,
garnishment,
attachment
of
a
lien,
and
execution.
4.
The
transferee
shall
be
sent
a
copy
of
the
order
by
first-class
mail
addressed
to
the
transferee
at
the
transferee’s
last
known
address,
or
if
applicable,
to
the
transferee’s
attorney
at
the
last
known
address
of
the
transferee’s
attorney.
The
order
is
final,
and
action
by
the
department
of
human
services
to
enforce
and
collect
upon
the
Senate
File
514,
p.
484
order
may
be
taken
from
the
date
of
the
issuance
of
the
order.
Sec.
817.
Section
249F.4,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
If
a
timely
written
request
for
a
hearing
is
received,
the
department
of
human
services
shall
certify
the
matter
to
the
district
court
in
the
county
where
the
transferee
resides.
3.
The
department
of
human
services
may
also
request
a
hearing
on
its
own
motion
regarding
the
determination
of
a
debt,
at
any
time
prior
to
entry
of
an
administrative
order.
Sec.
818.
Section
249F.5,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
A
true
copy
of
an
order
entered
by
the
department
of
human
services
pursuant
to
this
chapter
,
along
with
a
true
copy
of
the
return
of
service,
if
applicable,
may
be
filed
in
the
office
of
the
clerk
of
the
district
court
in
the
county
in
which
the
transferee
resides
or,
if
the
transferee
resides
in
another
state,
in
the
office
of
the
district
court
in
the
county
in
which
the
transferor
resides.
2.
The
department
of
human
services
order
shall
be
presented,
ex
parte,
to
the
district
court
for
review
and
approval.
Unless
defects
appear
on
the
face
of
the
order
or
on
the
attachments,
the
district
court
shall
approve
the
order.
The
approved
order
shall
have
all
force,
effect,
and
attributes
of
a
docketed
order
or
decree
of
the
district
court.
Sec.
819.
Section
249F.7,
Code
2023,
is
amended
to
read
as
follows:
249F.7
Administration.
As
provided
in
this
chapter
,
the
establishment
of
a
debt
for
medical
assistance
due
to
transfer
of
assets
shall
be
administered
by
the
department
of
human
services
.
All
administrative
discretion
in
the
administration
of
this
chapter
shall
be
exercised
by
the
department
of
human
services
,
and
any
state
administrative
rules
implementing
or
interpreting
this
chapter
shall
be
adopted
by
the
department
of
human
services
.
Sec.
820.
Section
249K.2,
Code
2023,
is
amended
to
read
as
follows:
249K.2
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
Senate
File
514,
p.
485
1.
“Complete
replacement”
means
completed
construction
on
a
new
nursing
facility
to
replace
an
existing
licensed
and
certified
facility.
The
replacement
facility
shall
be
located
in
the
same
geographical
service
area
as
the
facility
that
is
replaced
and
shall
have
the
same
number
or
fewer
licensed
beds
than
the
original
facility.
2.
“Department”
means
the
department
of
health
and
human
services.
3.
“Iowa
Medicaid
enterprise”
means
Iowa
Medicaid
enterprise
as
defined
in
section
135D.2
.
4.
3.
“Major
renovations”
means
construction
or
facility
improvements
to
a
nursing
facility
in
which
the
total
amount
expended
exceeds
seven
hundred
fifty
thousand
dollars.
5.
4.
“Medical
assistance”
,
or
“medical
assistance
program”
,
or
“Medicaid
program”
means
the
medical
assistance
program
created
pursuant
to
chapter
249A
.
6.
5.
“New
construction”
means
the
construction
of
a
new
nursing
facility
which
does
not
replace
an
existing
licensed
and
certified
facility
and
requires
the
provider
to
obtain
a
certificate
of
need
pursuant
to
chapter
135,
subchapter
VI
.
7.
6.
“Nondirect
care
component”
means
the
portion
of
the
reimbursement
rate
under
the
medical
assistance
program
attributable
to
administrative,
environmental,
property,
and
support
care
costs
reported
on
the
provider’s
financial
and
statistical
report.
8.
7.
“Nursing
facility”
means
a
nursing
facility
as
defined
in
section
135C.1
.
9.
8.
“Provider”
means
a
current
or
future
owner
or
operator
of
a
nursing
facility
that
provides
medical
assistance
program
services.
10.
9.
“Rate
determination
letter”
means
the
letter
that
is
distributed
quarterly
by
the
Iowa
Medicaid
enterprise
program
to
each
nursing
facility,
which
is
based
on
previously
submitted
financial
and
statistical
reports
from
each
nursing
facility.
Sec.
821.
Section
249K.3,
subsection
2,
paragraphs
a
and
e,
Code
2023,
are
amended
to
read
as
follows:
a.
The
provider
shall
submit
a
written
request
for
instant
relief
to
the
Iowa
Medicaid
enterprise
program
explaining
the
nature,
timing,
and
goals
of
the
project
and
the
time
period
Senate
File
514,
p.
486
during
which
the
relief
is
requested.
The
written
request
shall
clearly
state
if
the
provider
is
also
requesting
the
nondirect
care
limit
exception.
The
written
request
for
instant
relief
shall
be
submitted
no
earlier
than
thirty
days
prior
to
the
placement
of
the
provider’s
assets
in
service.
The
written
request
for
relief
shall
provide
adequate
details
to
calculate
the
estimated
value
of
relief
including
but
not
limited
to
the
total
cost
of
the
project,
the
estimated
annual
depreciation
expenses
using
generally
accepted
accounting
principles,
the
estimated
useful
life
based
upon
existing
medical
assistance
and
Medicare
provisions,
and
a
copy
of
the
most
current
depreciation
schedule.
If
interest
expenses
are
included,
a
copy
of
the
general
terms
of
the
debt
service
and
the
estimated
annual
amount
of
the
interest
expenses
shall
be
submitted
with
the
written
request
for
relief.
e.
During
the
period
in
which
instant
relief
is
granted,
the
Iowa
Medicaid
enterprise
program
shall
recalculate
the
value
of
the
instant
relief
based
on
allowable
costs
and
patient
days
reported
on
the
annual
financial
and
statistical
report.
For
purposes
of
calculating
the
per
diem
relief,
total
patient
days
shall
be
the
greater
of
actual
annual
patient
days
or
eighty-five
percent
of
the
facility’s
licensed
capacity.
The
actual
value
of
relief
shall
be
added
to
the
nondirect
care
component
for
the
relevant
period,
not
to
exceed
one
hundred
ten
percent
of
the
nondirect
care
median
for
the
relevant
period
or
not
to
exceed
one
hundred
twenty
percent
of
the
nondirect
care
median
for
the
relevant
period
if
the
nondirect
care
limit
exception
is
requested
and
granted.
The
provider’s
quarterly
rates
for
the
relevant
period
shall
be
retroactively
adjusted
to
reflect
the
revised
nondirect
care
rate.
All
claims
with
dates
of
service
from
the
date
that
instant
relief
is
granted
to
the
date
that
the
instant
relief
is
terminated
shall
be
repriced
to
reflect
the
actual
value
of
the
instant
relief
per
diem
utilizing
a
mass
adjustment.
Sec.
822.
Section
249K.5,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
The
Iowa
Medicaid
enterprise
program
shall
administer
this
chapter
.
The
department
of
human
services
shall
adopt
rules,
pursuant
to
chapter
17A
,
to
administer
this
chapter
.
Senate
File
514,
p.
487
3.
In
addition
to
any
other
factors
to
be
considered
in
determining
if
a
provider
is
eligible
to
participate
under
this
chapter
,
the
Iowa
Medicaid
enterprise
program
shall
consider
all
of
the
following:
a.
The
history
of
the
provider’s
regulatory
compliance.
b.
The
historical
access
to
nursing
facility
services
for
medical
assistance
program
beneficiaries.
c.
The
provider’s
dedication
to
and
participation
in
quality
of
care,
considering
all
quality
programs
in
which
the
provider
has
participated.
d.
The
provider’s
plans
to
facilitate
person-directed
care.
e.
The
provider’s
plans
to
facilitate
dementia
units
and
specialty
post-acute
services.
Sec.
823.
Section
249L.2,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Department”
means
the
department
of
health
and
human
services.
Sec.
824.
Section
249M.2,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Department”
means
the
department
of
health
and
human
services.
Sec.
825.
Section
249M.4,
subsection
5,
paragraph
b,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
The
projected
expenditures
for
participating
hospitals
for
the
fiscal
year
beginning
July
1,
2010,
as
determined
by
the
fiscal
management
division
of
the
department,
plus
the
amount
calculated
under
subparagraph
(1).
Sec.
826.
Section
249N.2,
subsections
4,
5,
and
14,
Code
2023,
are
amended
to
read
as
follows:
4.
“Department”
means
the
department
of
health
and
human
services.
5.
“Director”
means
the
director
of
health
and
human
services.
14.
“Medical
assistance
program”
,
“Medicaid
program”
,
or
“Medicaid”
means
the
program
paying
all
or
part
of
the
costs
of
care
and
services
provided
to
an
individual
pursuant
to
chapter
249A
and
Tit.
XIX
of
the
federal
Social
Security
Act.
Sec.
827.
Section
249N.5,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
488
a.
For
members
whose
household
income
is
at
or
below
one
hundred
percent
of
the
federal
poverty
level,
the
plan
shall
be
administered
by
the
Iowa
Medicaid
enterprise
program
consistent
with
program
administration
applicable
to
individuals
under
section
249A.3,
subsection
1
.
Sec.
828.
Section
251.1,
Code
2023,
is
amended
to
read
as
follows:
251.1
Definitions.
As
used
in
this
chapter
:
1.
“Administrator”
means
the
administrator
of
the
division
of
adult,
children,
and
family
services
of
the
department
of
human
services.
2.
1.
“Division”
or
“state
division”
“Department”
means
the
division
of
adult,
children,
and
family
services
of
the
department
of
health
and
human
services.
2.
“Director”
means
the
director
of
health
and
human
services.
Sec.
829.
Section
251.2,
Code
2023,
is
amended
to
read
as
follows:
251.2
Administration
of
emergency
relief.
The
state
division
department
,
in
addition
to
all
other
powers
and
duties
given
it
the
department
by
law,
shall
be
is
charged
with
the
supervision
and
administration
of
all
funds
coming
into
the
hands
of
received
by
the
state
now
or
hereafter
provided
for
emergency
relief.
Sec.
830.
Section
251.3,
Code
2023,
is
amended
to
read
as
follows:
251.3
Powers
and
duties.
The
administrator
director
shall
have
the
power
to
do
all
of
the
following
:
1.
Appoint
such
personnel
as
may
be
necessary
for
the
efficient
discharge
of
the
duties
imposed
upon
on
the
administrator
in
the
administration
of
emergency
relief,
director
and
to
make
such
rules
and
regulations
as
the
administrator
deems
necessary
or
advisable
covering
relating
to
the
administrator’s
director’s
activities
and
those
of
the
service
area
advisory
boards
created
under
section
217.43
,
concerning
emergency
relief.
2.
Join
and
cooperate
with
the
government
of
the
Senate
File
514,
p.
489
United
States,
or
any
of
its
appropriate
agencies
or
instrumentalities,
in
any
proper
emergency
relief
activity.
3.
Make
such
reports
of
budget
estimates
to
the
governor
and
to
the
general
assembly
as
are
required
by
law
,
or
are
as
necessary
and
proper
to
obtain
appropriations
of
funds
necessary
for
emergency
relief
purposes
and
for
all
the
purposes
of
this
chapter
.
4.
Determine
the
need
for
funds
in
the
various
counties
of
the
state
basing
such
determination
upon
the
amount
of
money
needed
in
the
various
counties
to
provide
adequate
emergency
relief,
and
upon
the
counties’
financial
inability
to
provide
such
relief
from
county
funds.
The
administrator
director
may
administer
said
state
funds
belonging
to
the
state
within
the
various
counties
of
the
state
to
supplement
local
funds
as
needed.
5.
Make
such
reports,
obtain
and
furnish
such
information
from
time
to
time
as
may
be
required
by
the
governor,
by
the
general
assembly,
or
by
any
other
proper
appropriate
state
or
federal
office
or
agency,
state
or
federal,
and
make
an
annual
report
of
its
the
department’s
emergency
relief
activities.
Sec.
831.
Section
251.4,
Code
2023,
is
amended
to
read
as
follows:
251.4
Grants
from
state
funds
to
counties.
The
state
division
department
may
require
as
a
condition
of
making
available
state
assistance
available
to
counties
for
emergency
relief
purposes,
that
the
county
boards
of
supervisors
shall
establish
budgets
as
needed
in
respect
to
the
relief
situation
in
the
counties.
Sec.
832.
Section
251.5,
Code
2023,
is
amended
to
read
as
follows:
251.5
Duties
of
the
service
area
advisory
board.
A
service
area
The
advisory
board
created
in
section
217.43
shall
perform
the
following
activities
for
any
county
in
the
board’s
service
area
counties
represented
on
the
board
concerning
emergency
relief:
1.
Cooperate
with
a
county’s
board
of
supervisors
in
all
matters
pertaining
to
administration
of
relief.
2.
At
the
request
of
a
county’s
board
of
supervisors,
prepare
requests
for
grants
of
state
funds.
Senate
File
514,
p.
490
3.
At
the
request
of
a
county’s
board
of
supervisors,
administer
county
relief
funds.
4.
In
a
county
receiving
grants
of
state
funds
upon
approval
of
the
director
of
the
department
of
administrative
services
and
the
county’s
board
of
supervisors,
administer
both
state
and
county
relief
funds.
5.
Perform
other
duties
as
may
be
prescribed
by
the
administrator
department
and
a
county’s
board
of
supervisors.
Sec.
833.
Section
251.6,
Code
2023,
is
amended
to
read
as
follows:
251.6
County
supervisors
to
determine
emergency
relief
and
work
projects.
The
county
board
of
supervisors
shall
supervise
administration
of
emergency
relief,
and
shall
determine
the
minimum
amount
of
relief
required
for
each
person
or
family,
which
persons
are
employable,
and
whether
and
under
what
conditions
persons
receiving
emergency
relief
may
be
employed
by
the
county.
Sec.
834.
Section
251.7,
Code
2023,
is
amended
to
read
as
follows:
251.7
County
appointees
to
act
as
executive
officers.
The
county
board
of
supervisors
may
appoint
an
individual
a
person
to
serve
as
the
executive
officer
of
the
service
area
advisory
board
in
all
matters
pertaining
to
relief
for
that
county.
Sec.
835.
Section
252.26,
Code
2023,
is
amended
to
read
as
follows:
252.26
General
assistance
director.
The
board
of
supervisors
in
each
county
shall
appoint
or
designate
a
general
assistance
director
for
the
county,
who
shall
have
the
powers
and
duties
conferred
by
this
chapter
.
In
counties
of
one
hundred
thousand
or
less
population,
the
county
board
may
designate
as
general
assistance
director
an
employee
of
the
state
department
of
health
and
human
services
who
is
assigned
to
work
in
that
county
and
is
directed
by
the
director
of
health
and
human
services,
pursuant
to
an
agreement
with
the
county
board,
to
exercise
the
functions
and
duties
of
general
assistance
director
in
that
county.
The
general
assistance
director
shall
receive
as
compensation
an
amount
to
Senate
File
514,
p.
491
be
determined
by
the
county
board.
Sec.
836.
Section
252.33,
Code
2023,
is
amended
to
read
as
follows:
252.33
Application
for
assistance.
A
person
may
make
application
for
assistance
to
a
member
of
the
board
of
supervisors,
or
to
the
general
assistance
director
of
the
county
where
the
person
is.
If
application
is
made
to
the
general
assistance
director
and
that
officer
is
satisfied
that
the
applicant
is
in
a
state
of
want
which
requires
assistance
at
the
public
expense,
the
general
assistance
director
may
afford
temporary
assistance,
subject
to
the
approval
of
the
board
of
supervisors,
as
the
necessities
of
the
person
require
and
shall
immediately
report
the
case
to
the
board
of
supervisors,
who
may
continue
or
deny
assistance,
as
they
find
cause.
Sec.
837.
Section
252.37,
Code
2023,
is
amended
to
read
as
follows:
252.37
Appeal
to
supervisors.
If
a
poor
person,
on
application
to
the
general
assistance
director,
is
refused
the
required
assistance,
the
applicant
may
appeal
to
the
board
of
supervisors,
who,
upon
examination
into
the
matter,
may
order
the
general
assistance
director
to
provide
assistance,
or
who
may
direct
specific
assistance.
Sec.
838.
Section
252A.2,
subsections
7
and
8,
Code
2023,
are
amended
to
read
as
follows:
7.
“Petitioner”
includes
each
dependent
person
for
whom
support
is
sought
in
a
proceeding
instituted
pursuant
to
this
chapter
or
a
mother
or
putative
father
of
a
dependent.
However,
in
an
action
brought
by
the
child
support
recovery
unit
services
,
the
state
is
the
petitioner.
8.
“Petitioner’s
representative”
includes
counsel
of
a
dependent
person
for
whom
support
is
sought
and
counsel
for
a
mother
or
putative
father
of
a
dependent.
In
an
action
brought
by
the
child
support
recovery
unit
services
,
“petitioner’s
representative”
includes
a
county
attorney,
state’s
attorney
and
any
other
public
officer,
by
whatever
title
the
officer’s
public
office
may
be
known,
charged
by
law
with
the
duty
of
instituting,
maintaining,
or
prosecuting
a
proceeding
under
this
chapter
or
under
the
laws
of
the
state.
Senate
File
514,
p.
492
Sec.
839.
Section
252A.3A,
subsections
3,
4,
7,
10,
12,
and
13,
Code
2023,
are
amended
to
read
as
follows:
3.
a.
Prior
to
or
at
the
time
of
completion
of
an
affidavit
of
paternity,
written
and
oral
information
about
paternity
establishment,
developed
by
the
child
support
recovery
unit
services
created
in
section
252B.2
,
shall
be
provided
to
the
mother
and
putative
father.
Video
or
audio
equipment
may
be
used
to
provide
oral
information.
b.
The
information
provided
shall
include
a
description
of
parental
rights
and
responsibilities,
including
the
duty
to
provide
financial
support
for
the
child,
the
benefits
of
establishing
paternity,
and
the
alternatives
to
and
legal
consequences
of
signing
an
affidavit
of
paternity,
including
the
rights
available
if
a
parent
is
a
minor.
c.
Copies
of
the
written
information
shall
be
made
available
by
the
child
support
recovery
unit
services
or
the
Iowa
department
of
public
health
and
human
services
to
those
entities
where
an
affidavit
of
paternity
may
be
obtained
as
provided
under
subsection
4
.
4.
a.
The
affidavit
of
paternity
form
developed
and
used
by
the
Iowa
department
of
public
health
and
human
services
is
the
only
affidavit
of
paternity
form
recognized
for
the
purpose
of
establishing
paternity
under
this
section
.
It
shall
include
the
minimum
requirements
specified
by
the
secretary
of
the
United
States
department
of
health
and
human
services
pursuant
to
42
U.S.C.
§652(a)(7).
A
properly
completed
affidavit
of
paternity
form
developed
by
the
Iowa
department
of
public
health
and
human
services
and
existing
on
or
after
July
1,
1993,
but
which
is
superseded
by
a
later
affidavit
of
paternity
form
developed
by
the
Iowa
department
of
public
health
and
human
services
,
shall
have
the
same
legal
effect
as
a
paternity
affidavit
form
used
by
the
Iowa
department
of
public
health
and
human
services
on
or
after
July
1,
1997,
regardless
of
the
date
of
the
filing
and
registration
of
the
affidavit
of
paternity,
unless
otherwise
required
under
federal
law.
b.
The
form
shall
be
available
from
the
state
registrar,
each
county
registrar,
the
child
support
recovery
unit
services
,
and
any
institution
in
the
state.
c.
The
Iowa
department
of
public
health
and
human
services
Senate
File
514,
p.
493
shall
make
copies
of
the
form
available
to
the
entities
identified
in
paragraph
“b”
for
distribution.
7.
The
state
registrar
shall
make
copies
of
affidavits
of
paternity
and
identifying
information
from
the
affidavits
filed
and
registered
pursuant
to
this
section
available
to
the
child
support
recovery
unit
services
created
under
section
252B.2
in
accordance
with
section
144.13,
subsection
4
,
and
any
subsequent
rescission
form
which
rescinds
the
affidavit.
10.
a.
An
institution
may
be
reimbursed
by
the
child
support
recovery
unit
services
created
in
section
252B.2
for
providing
the
services
described
under
subsection
9
,
or
may
provide
the
services
at
no
cost.
b.
An
institution
electing
reimbursement
shall
enter
into
a
written
agreement
with
the
child
support
recovery
unit
services
for
this
purpose.
c.
An
institution
entering
into
an
agreement
for
reimbursement
shall
assist
the
parents
of
a
child
born
out
of
wedlock
in
completing
and
filing
an
affidavit
of
paternity.
d.
Reimbursement
shall
be
based
only
on
the
number
of
affidavits
completed
in
compliance
with
this
section
and
submitted
to
the
state
registrar
during
the
duration
of
the
written
agreement
with
the
child
support
recovery
unit
services
.
e.
The
reimbursement
rate
is
twenty
dollars
for
each
completed
affidavit
filed
with
the
state
registrar.
12.
a.
A
completed
affidavit
of
paternity
may
be
rescinded
by
registration
by
the
state
registrar
of
a
completed
and
notarized
rescission
form
signed
by
either
the
mother
or
putative
father
who
signed
the
affidavit
of
paternity
that
the
putative
father
is
not
the
father
of
the
child.
The
completed
and
notarized
rescission
form
shall
be
filed
with
the
state
registrar
for
the
purpose
of
registration
prior
to
the
earlier
of
the
following:
(1)
Sixty
days
after
the
latest
notarized
signature
of
the
mother
or
putative
father
on
the
affidavit
of
paternity.
(2)
Entry
of
a
court
order
pursuant
to
a
proceeding
in
this
state
to
which
the
signatory
is
a
party
relating
to
the
child,
including
a
proceeding
to
establish
a
support
order
under
this
chapter
,
chapter
252C
,
252F
,
598
,
or
600B
or
other
law
of
this
Senate
File
514,
p.
494
state.
b.
Unless
the
state
registrar
has
received
and
registered
an
order
as
provided
in
section
252A.3,
subsection
10
,
paragraph
“a”
,
which
legally
establishes
paternity,
upon
registration
of
a
timely
rescission
form
the
state
registrar
shall
remove
the
father’s
information
from
the
certificate
of
birth,
and
shall
send
a
written
notice
of
the
rescission
to
the
last
known
address
of
the
signatory
of
the
affidavit
of
paternity
who
did
not
sign
the
rescission
form.
c.
The
Iowa
department
of
public
health
and
human
services
shall
develop
a
rescission
form
and
an
administrative
process
for
rescission.
The
form
shall
be
the
only
rescission
form
recognized
for
the
purpose
of
rescinding
a
completed
affidavit
of
paternity.
A
completed
rescission
form
shall
include
the
signature
of
a
notary
public
attesting
to
the
identity
of
the
party
signing
the
rescission
form.
The
Iowa
department
of
public
health
and
human
services
shall
adopt
rules
which
establish
a
fee,
based
upon
the
average
administrative
cost,
to
be
collected
for
the
registration
of
a
rescission.
d.
If
an
affidavit
of
paternity
has
been
rescinded
under
this
subsection
,
the
state
registrar
shall
not
register
any
subsequent
affidavit
of
paternity
signed
by
the
same
mother
and
putative
father
relating
to
the
same
child.
13.
The
child
Child
support
recovery
unit
services
may
enter
into
a
written
agreement
with
an
entity
designated
by
the
secretary
of
the
United
States
department
of
health
and
human
services
to
offer
voluntary
paternity
establishment
services.
a.
The
agreement
shall
comply
with
federal
requirements
pursuant
to
42
U.S.C.
§666(a)(5)(C)
including
those
regarding
notice,
materials,
training,
and
evaluations.
b.
The
agreement
may
provide
for
reimbursement
of
the
entity
by
the
state
if
reimbursement
is
permitted
by
federal
law.
Sec.
840.
Section
252A.5,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
Whenever
the
state
or
a
political
subdivision
thereof
of
the
state
furnishes
support
to
a
dependent,
it
the
political
subdivision
of
the
state
has
the
same
right
through
proceedings
instituted
by
the
petitioner’s
representative
to
invoke
the
provisions
hereof
of
this
section
as
the
dependent
to
Senate
File
514,
p.
495
whom
the
support
was
furnished,
for
the
purpose
of
securing
reimbursement
of
expenditures
so
made
and
of
obtaining
continuing
support;
the
petition
in
such
case
may
be
verified
by
any
official
having
knowledge
of
such
expenditures
without
further
verification
of
any
person
and
consent
of
the
dependent
shall
not
be
required
in
order
to
institute
proceedings
under
this
chapter
.
The
child
Child
support
recovery
unit
services
may
bring
the
action
based
upon
a
statement
of
a
witness,
regardless
of
age,
with
knowledge
of
the
circumstances,
including,
but
not
limited
to,
statements
by
the
mother
of
the
dependent
or
a
relative
of
the
mother
or
the
putative
father.
3.
If
the
child
support
recovery
unit
services
is
providing
services,
the
unit
child
support
services
has
the
same
right
to
invoke
the
provisions
of
this
section
as
the
dependent
for
which
support
is
owed
for
the
purpose
of
securing
support.
The
petition
in
such
case
may
be
verified
by
any
official
having
knowledge
of
the
request
for
services
by
the
unit
child
support
services
,
without
further
verification
by
any
other
person,
and
consent
of
the
dependent
shall
not
be
required
in
order
to
institute
proceedings
under
this
chapter
.
The
child
Child
support
recovery
unit
services
may
bring
the
action
based
upon
the
statement
of
a
witness,
regardless
of
age,
with
knowledge
of
the
circumstances,
including,
but
not
limited
to,
statements
by
the
mother
of
the
dependent
or
a
relative
of
the
mother
or
the
putative
father.
Sec.
841.
Section
252A.13,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
If
public
assistance
is
provided
by
the
department
of
health
and
human
services
to
or
on
behalf
of
a
dependent
child
or
a
dependent
child’s
caretaker,
there
is
an
assignment
by
operation
of
law
to
the
department
of
any
and
all
rights
in,
title
to,
and
interest
in
any
support
obligation,
payment,
and
arrearages
owed
to
or
on
behalf
of
the
child
or
caretaker
not
to
exceed
the
amount
of
public
assistance
paid
for
or
on
behalf
of
the
child
or
caretaker
as
follows:
a.
For
family
investment
program
assistance,
section
239B.6
shall
apply.
b.
For
foster
care
services,
section
234.39
shall
apply.
c.
For
medical
assistance,
section
252E.11
shall
apply.
Senate
File
514,
p.
496
3.
The
clerk
shall
furnish
the
department
with
copies
of
all
orders
or
decrees
awarding
and
temporary
domestic
abuse
orders
addressing
support
when
the
parties
are
receiving
public
assistance
or
services
are
otherwise
provided
by
the
child
support
recovery
unit
services
.
Unless
otherwise
specified
in
the
order,
an
equal
and
proportionate
share
of
any
child
support
awarded
is
presumed
to
be
payable
on
behalf
of
each
child,
subject
to
the
order
or
judgment,
for
purposes
of
an
assignment
under
this
section
.
Sec.
842.
Section
252A.18,
Code
2023,
is
amended
to
read
as
follows:
252A.18
Registration
of
support
order
——
notice.
Registration
of
a
support
order
of
another
state
or
foreign
country
shall
be
in
accordance
with
chapter
252K
except
that,
with
regard
to
service,
promptly
upon
registration,
the
clerk
of
the
court
shall,
by
restricted
certified
mail,
or
the
child
support
recovery
unit
services
shall,
as
provided
in
section
252B.26
,
send
to
the
respondent
notice
of
the
registration
with
a
copy
of
the
registered
support
order
or
the
respondent
may
be
personally
served
with
the
notice
and
the
copy
of
the
order
in
the
same
manner
as
original
notices
are
personally
served.
The
clerk
shall
also
docket
the
case
and
notify
the
prosecuting
attorney
of
the
action.
The
clerk
shall
maintain
a
registry
of
all
support
orders
registered
pursuant
to
this
section
.
The
filing
is
in
equity.
Sec.
843.
Section
252B.1,
Code
2023,
is
amended
to
read
as
follows:
252B.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Absent
parent”
means
the
parent
who
either
cannot
be
located
or
who
is
located
and
is
not
residing
with
the
child
at
the
time
the
support
collection
or
paternity
determination
services
provided
in
sections
252B.5
and
252B.6
are
requested
or
commenced.
2.
“Child”
includes
but
shall
not
be
limited
to
a
stepchild,
foster
child,
or
legally
adopted
child
and
means
a
child
actually
or
apparently
under
eighteen
years
of
age
or
a
dependent
person
eighteen
years
of
age
or
over
who
is
unable
Senate
File
514,
p.
497
to
maintain
the
person’s
self
and
is
likely
to
become
a
public
charge.
“Child”
includes
“child”
as
defined
in
section
239B.1
.
3.
“Child
support
agency”
means
child
support
agency
as
defined
in
section
252H.2
.
4.
“Child
support
services”
means
child
support
services
created
in
section
252B.2.
4.
5.
“Department”
means
the
department
of
health
and
human
services.
5.
6.
“Director”
means
the
director
of
health
and
human
services.
6.
7.
“Obligor”
means
the
person
legally
responsible
for
the
support
of
a
child
as
defined
in
section
252D.16
or
598.1
under
a
support
order
issued
in
this
state
or
pursuant
to
the
laws
of
another
state
or
foreign
country.
7.
8.
“Resident
parent”
means
the
parent
with
whom
the
child
is
residing
at
the
time
the
support
collection
or
paternity
determination
services
provided
in
sections
252B.5
and
252B.6
are
requested
or
commenced.
8.
“Unit”
means
the
child
support
recovery
unit
created
in
section
252B.2
.
Sec.
844.
Section
252B.2,
Code
2023,
is
amended
to
read
as
follows:
252B.2
Unit
Child
support
services
established
——
intervention.
There
is
created
within
the
department
of
human
services
a
child
support
recovery
unit
services
for
the
purpose
of
providing
the
services
required
in
sections
252B.3
through
252B.6
.
The
unit
Child
support
services
is
not
required
to
intervene
in
actions
to
provide
such
services.
Sec.
845.
Section
252B.3,
Code
2023,
is
amended
to
read
as
follows:
252B.3
Duty
of
department
to
enforce
child
support
——
cooperation
——
rules.
1.
Upon
receipt
by
the
department
of
an
application
for
public
assistance
on
behalf
of
a
child
and
determination
by
the
department
that
the
child
is
eligible
for
public
assistance
and
that
provision
of
child
support
services
is
appropriate,
the
department
shall
take
appropriate
action
under
the
provisions
of
this
chapter
or
under
other
appropriate
statutes
of
this
Senate
File
514,
p.
498
state
including
but
not
limited
to
chapters
239B
,
252A
,
252C
,
252D
,
252E
,
252F
,
252G
,
252H
,
252I
,
252J
,
598
,
and
600B
,
to
ensure
that
the
parent
or
other
person
responsible
for
the
support
of
the
child
fulfills
the
support
obligation.
The
department
shall
also
take
appropriate
action
as
required
by
federal
law
upon
receiving
a
request
from
a
child
support
agency
for
a
child
receiving
public
assistance
in
another
state.
2.
The
department
of
human
services
may
negotiate
a
partial
payment
of
a
support
obligation
with
a
parent
or
other
person
responsible
for
the
support
of
the
child,
provided
that
the
negotiation
and
partial
payment
are
consistent
with
applicable
federal
law
and
regulation.
3.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
regarding
cases
in
which,
under
federal
law,
it
is
a
condition
of
eligibility
for
an
individual
who
is
an
applicant
for
or
recipient
of
public
assistance
to
cooperate
in
good
faith
with
the
department
in
establishing
the
paternity
of,
or
in
establishing,
modifying,
or
enforcing
a
support
order
by
identifying
and
locating
the
parent
of
the
child
or
enforcing
rights
to
support
payments.
The
rules
shall
include
all
of
the
following
provisions:
a.
As
required
by
the
unit
child
support
services
,
the
individual
shall
provide
the
name
of
the
noncustodial
parent
and
additional
necessary
information,
and
shall
appear
at
interviews,
hearings,
and
legal
proceedings.
b.
If
paternity
is
an
issue,
the
individual
and
child
shall
submit
to
blood
or
genetic
tests
pursuant
to
a
judicial
or
administrative
order.
c.
The
individual
may
be
requested
to
sign
a
voluntary
affidavit
of
paternity,
after
notice
of
the
rights
and
consequences
of
such
an
acknowledgment,
but
shall
not
be
required
to
sign
an
affidavit
or
otherwise
relinquish
the
right
to
blood
or
genetic
tests.
d.
The
unit
Child
support
services
shall
promptly
notify
the
individual
and
the
appropriate
division
of
the
department
administering
the
department’s
public
assistance
program
programs
of
each
determination
by
the
unit
child
support
services
of
noncooperation
of
the
individual
and
the
reason
for
such
determination.
Senate
File
514,
p.
499
e.
A
procedure
under
which
the
individual
may
claim
that,
and
the
department
shall
determine
whether,
the
individual
has
sufficient
good
cause
or
other
exception
for
not
cooperating,
taking
into
consideration
the
best
interest
of
the
child.
4.
Without
need
for
a
court
order
and
notwithstanding
the
requirements
of
section
598.22A
,
the
support
payment
ordered
pursuant
to
any
chapter
shall
be
satisfied
as
to
the
department,
the
child,
and
either
parent
for
the
period
during
which
the
parents
are
reconciled
and
are
cohabiting,
the
child
for
whom
support
is
ordered
is
living
in
the
same
residence
as
the
parents,
and
the
obligor
receives
public
assistance
on
the
obligor’s
own
behalf
for
the
benefit
of
the
child.
The
department
shall
implement
this
subsection
as
follows:
a.
The
unit
Child
support
services
shall
file
a
notice
of
satisfaction
with
the
clerk
of
court.
b.
This
subsection
shall
not
apply
unless
all
the
children
for
whom
support
is
ordered
reside
with
both
parents,
except
that
a
child
may
be
absent
from
the
home
due
to
a
foster
care
placement
pursuant
to
chapter
234
or
a
comparable
law
of
another
state
or
foreign
country.
c.
The
unit
Child
support
services
shall
send
notice
by
regular
mail
to
the
obligor
when
the
provisions
of
this
subsection
no
longer
apply.
A
copy
of
the
notice
shall
be
filed
with
the
clerk
of
court.
d.
This
section
shall
not
limit
the
rights
of
the
parents
or
the
department
to
proceed
by
other
means
to
suspend,
terminate,
modify,
reinstate,
or
establish
support.
5.
On
or
after
July
1,
1999,
the
department
shall
implement
a
program
for
the
satisfaction
of
accrued
support
debts,
based
upon
timely
payment
by
the
obligor
of
both
current
support
due
and
any
payments
due
for
accrued
support
debt
under
a
periodic
payment
plan.
The
unit
Child
support
services
shall
adopt
rules
pursuant
to
chapter
17A
to
establish
the
criteria
and
procedures
for
obtaining
satisfaction
under
the
program.
The
rules
adopted
under
this
subsection
shall
specify
the
cases
and
amounts
to
which
the
program
is
applicable,
and
may
provide
for
the
establishment
of
the
program
as
a
pilot
program.
Sec.
846.
Section
252B.4,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
500
252B.4
Nonassistance
cases.
1.
The
child
support
and
paternity
determination
services
established
by
the
department
pursuant
to
this
chapter
and
other
appropriate
services
provided
by
law
including
but
not
limited
to
the
provisions
of
chapters
239B
,
252A
,
252C
,
252D
,
252E
,
252F
,
598
,
and
600B
shall
be
made
available
by
the
unit
child
support
services
to
an
individual
not
otherwise
eligible
as
a
public
assistance
recipient
upon
application
by
the
individual
for
the
services
or
upon
referral
as
described
in
subsection
4
.
The
application
shall
be
filed
with
the
department.
2.
The
director
may
collect
a
fee
to
cover
the
costs
incurred
by
the
department
for
service
of
process,
genetic
testing
and
court
costs
if
the
entity
providing
the
service
charges
a
fee
for
the
services.
3.
Fees
collected
pursuant
to
this
section
shall
be
considered
repayment
receipts,
as
defined
in
section
8.2
,
and
shall
be
used
for
the
purposes
of
the
unit
child
support
services
.
The
director
or
a
designee
shall
keep
an
accurate
record
of
the
fees
collected
and
expended.
4.
The
unit
Child
support
services
shall
also
provide
child
support
and
paternity
determination
services
and
shall
respond
as
provided
in
federal
law
for
an
individual
not
otherwise
eligible
as
a
public
assistance
recipient
if
the
unit
child
support
services
receives
a
request
from
any
of
the
following:
a.
A
child
support
agency.
b.
A
foreign
country
as
defined
in
chapter
252K
.
Sec.
847.
Section
252B.5,
Code
2023,
is
amended
to
read
as
follows:
252B.5
Services
of
unit
Child
support
services
.
The
child
Child
support
recovery
unit
services
shall
provide
the
following
services:
1.
Assistance
in
the
location
of
an
absent
parent
or
any
other
person
who
has
an
obligation
to
support
the
child
of
the
resident
parent.
2.
Aid
in
establishing
paternity
and
securing
a
court
or
administrative
order
for
support
pursuant
to
chapter
252A
,
252C
,
252F
,
or
600B
,
or
any
other
chapter
providing
for
the
establishment
of
paternity
or
support.
In
an
action
to
establish
support,
the
resident
parent
may
be
a
proper
party
Senate
File
514,
p.
501
defendant
for
purposes
of
determining
medical
support
as
provided
in
section
252E.1A
upon
service
of
notice
as
provided
in
this
chapter
and
without
a
court
order
as
provided
in
the
rules
of
civil
procedure.
The
unit’s
Child
support
services’
independent
cause
of
action
shall
not
bar
a
party
from
seeking
support
in
a
subsequent
proceeding.
3.
Aid
in
enforcing
through
court
or
administrative
proceedings
an
existing
court
order
for
support
issued
pursuant
to
chapter
252A
,
252C
,
252F
,
598
,
or
600B
,
or
any
other
chapter
under
which
child
or
medical
support
is
granted.
The
director
may
enter
into
a
contract
with
a
private
collection
agency
to
collect
support
payments
for
cases
which
have
been
identified
by
the
department
as
difficult
collection
cases
if
the
department
determines
that
this
form
of
collection
is
more
cost-effective
than
departmental
collection
methods.
The
department
shall
utilize,
to
the
maximum
extent
possible,
every
available
automated
process
to
collect
support
payments
prior
to
referral
of
a
case
to
a
private
collection
agency.
A
private
collection
agency
with
whom
the
department
enters
a
contract
under
this
subsection
shall
comply
with
state
and
federal
confidentiality
requirements
and
debt
collection
laws.
The
director
may
use
a
portion
of
the
state
share
of
funds
collected
through
this
means
to
pay
the
costs
of
any
contract
authorized
under
this
subsection
.
4.
Assistance
to
set
off
against
a
debtor’s
income
tax
refund
or
rebate
any
support
debt,
which
is
assigned
to
the
department
of
human
services
or
which
the
child
support
recovery
unit
services
is
attempting
to
collect
on
behalf
of
any
individual
not
eligible
as
a
public
assistance
recipient,
which
has
accrued
through
written
contract,
subrogation,
or
court
judgment,
and
which
is
in
the
form
of
a
liquidated
sum
due
and
owing
for
the
care,
support,
or
maintenance
of
a
child.
Unless
the
periodic
payment
plan
provisions
for
a
retroactive
modification
pursuant
to
section
598.21C
apply,
the
entire
amount
of
a
judgment
for
accrued
support,
notwithstanding
compliance
with
a
periodic
payment
plan
or
regardless
of
the
date
of
entry
of
the
judgment,
is
due
and
owing
as
of
the
date
of
entry
of
the
judgment
and
is
delinquent
for
the
purposes
of
setoff,
including
for
setoff
against
a
debtor’s
federal
income
Senate
File
514,
p.
502
tax
refund
or
other
federal
nontax
payment.
The
department
of
human
services
shall
adopt
rules
pursuant
to
chapter
17A
necessary
to
assist
the
department
of
administrative
services
in
the
implementation
of
the
child
support
setoff
as
established
under
section
8A.504
.
5.
a.
In
order
to
maximize
the
amount
of
any
tax
refund
to
which
an
obligor
may
be
entitled
and
which
may
be
applied
to
child
support
and
medical
support
obligations,
cooperate
with
any
volunteer
or
free
income
tax
assistance
programs
in
the
state
in
informing
obligors
of
the
availability
of
the
programs.
b.
The
child
Child
support
recovery
unit
services
shall
publicize
the
services
of
the
volunteer
or
free
income
tax
assistance
programs
by
distributing
printed
materials
regarding
the
programs.
6.
Determine
periodically
whether
an
individual
receiving
unemployment
compensation
benefits
under
chapter
96
owes
a
support
obligation
which
is
being
enforced
by
the
unit
child
support
services
,
and
enforce
the
support
obligation
through
court
or
administrative
proceedings
to
have
specified
amounts
withheld
from
the
individual’s
unemployment
compensation
benefits.
7.
Assistance
in
obtaining
medical
support
as
defined
in
chapter
252E
.
8.
a.
At
the
request
of
either
parent
who
is
subject
to
the
order
of
support
or
upon
its
own
initiation,
review
the
amount
of
the
support
award
in
accordance
with
the
guidelines
established
pursuant
to
section
598.21B
,
and
Tit.
IV-D
of
the
federal
Social
Security
Act,
as
amended,
and
take
action
to
initiate
modification
proceedings
if
the
criteria
established
pursuant
to
this
section
are
met.
However,
a
review
of
a
support
award
is
not
required
if
the
child
support
recovery
unit
services
determines
that
such
a
review
would
not
be
in
the
best
interest
of
the
child
and
neither
parent
has
requested
such
review.
b.
The
department
shall
adopt
rules
setting
forth
the
process
for
review
of
requests
for
modification
of
support
obligations
and
the
criteria
and
process
for
taking
action
to
initiate
modification
proceedings.
9.
a.
Assistance,
in
consultation
with
the
department
Senate
File
514,
p.
503
of
administrative
services,
in
identifying
and
taking
action
against
self-employed
individuals
as
identified
by
the
following
conditions:
(1)
The
individual
owes
support
pursuant
to
a
court
or
administrative
order
being
enforced
by
the
unit
child
support
services
and
is
delinquent
in
an
amount
equal
to
or
greater
than
the
support
obligation
amount
assessed
for
one
month.
(2)
The
individual
has
filed
a
state
income
tax
return
in
the
preceding
twelve
months.
(3)
The
individual
has
no
reported
tax
withholding
amount
on
the
most
recent
state
income
tax
return.
(4)
The
individual
has
failed
to
enter
into
or
comply
with
a
formalized
repayment
plan
with
the
unit
child
support
services
.
(5)
The
individual
has
failed
to
make
either
all
current
support
payments
in
accordance
with
the
court
or
administrative
order
or
to
make
payments
against
any
delinquency
in
each
of
the
preceding
twelve
months.
b.
The
unit
Child
support
services
may
forward
information
to
the
department
of
administrative
services
as
necessary
to
implement
this
subsection
,
including
but
not
limited
to
both
of
the
following:
(1)
The
name
and
social
security
number
of
the
individual.
(2)
Support
obligation
information
in
the
specific
case,
including
the
amount
of
the
delinquency.
10.
The
review
and
adjustment,
modification,
or
alteration
of
a
support
order
pursuant
to
chapter
252H
upon
adoption
of
rules
pursuant
to
chapter
17A
and
periodic
notification,
at
a
minimum
of
once
every
three
years,
to
parents
subject
to
a
support
order
of
their
rights
to
these
services.
11.
The
unit
Child
support
services
shall
not
establish
orders
for
spousal
support.
The
unit
Child
support
services
shall
enforce
orders
for
spousal
support
only
if
the
spouse
is
the
custodial
parent
of
a
child
for
whom
the
unit
child
support
services
is
also
enforcing
a
child
support
or
medical
support
order.
12.
a.
In
compliance
with
federal
procedures,
periodically
certify
to
the
secretary
of
the
United
States
department
of
health
and
human
services,
a
list
of
the
names
of
obligors
determined
by
the
unit
child
support
services
to
owe
delinquent
Senate
File
514,
p.
504
support,
under
a
support
order
as
defined
in
section
252J.1
,
in
excess
of
two
thousand
five
hundred
dollars.
The
certification
of
the
delinquent
amount
owed
may
be
based
upon
one
or
more
support
orders
being
enforced
by
the
unit
child
support
services
if
the
delinquent
support
owed
exceeds
two
thousand
five
hundred
dollars.
The
certification
shall
include
any
amounts
which
are
delinquent
pursuant
to
the
periodic
payment
plan
when
a
modified
order
has
been
retroactively
applied.
The
certification
shall
be
in
a
format
and
shall
include
any
supporting
documentation
required
by
the
secretary.
b.
All
of
the
following
shall
apply
to
an
action
initiated
by
the
unit
child
support
services
under
this
subsection
:
(1)
The
obligor
shall
be
sent
a
notice
by
regular
mail
in
accordance
with
federal
law
and
regulations
and
the
notice
shall
remain
in
effect
until
support
delinquencies
have
been
paid
in
full.
(2)
The
notice
shall
include
all
of
the
following:
(a)
A
statement
regarding
the
amount
of
delinquent
support
owed
by
the
obligor.
(b)
A
statement
providing
information
that
if
the
delinquency
is
in
excess
of
two
thousand
five
hundred
dollars,
the
United
States
secretary
of
state
may
apply
a
passport
sanction
by
revoking,
restricting,
limiting,
or
refusing
to
issue
a
passport
as
provided
in
42
U.S.C.
§652(k).
(c)
Information
regarding
the
procedures
for
challenging
the
certification
by
the
unit
child
support
services
.
(3)
(a)
If
the
obligor
chooses
to
challenge
the
certification,
the
obligor
shall
notify
the
unit
child
support
services
within
the
time
period
specified
in
the
notice
to
the
obligor.
The
obligor
shall
include
any
relevant
information
with
the
challenge.
(b)
A
challenge
shall
be
based
upon
mistake
of
fact.
For
the
purposes
of
this
subsection
,
“mistake
of
fact”
means
a
mistake
in
the
identity
of
the
obligor
or
a
mistake
in
the
amount
of
the
delinquent
child
support
owed
if
the
amount
did
not
exceed
two
thousand
five
hundred
dollars
on
the
date
of
the
unit’s
child
support
services’
decision
on
the
challenge.
(4)
Upon
timely
receipt
of
the
challenge,
the
unit
child
support
services
shall
review
the
certification
for
a
mistake
Senate
File
514,
p.
505
of
fact,
or
refer
the
challenge
for
review
to
the
child
support
agency
in
the
state
chosen
by
the
obligor
as
provided
by
federal
law.
(5)
Following
the
unit’s
child
support
services’
review
of
the
certification,
the
unit
child
support
services
shall
send
a
written
decision
to
the
obligor
within
ten
days
of
timely
receipt
of
the
challenge.
(a)
If
the
unit
child
support
services
determines
that
a
mistake
of
fact
exists,
the
unit
child
support
services
shall
send
notification
in
accordance
with
federal
procedures
withdrawing
the
certification
for
passport
sanction.
(b)
If
the
unit
child
support
services
determines
that
a
mistake
of
fact
does
not
exist,
the
obligor
may
contest
the
determination
within
ten
days
following
the
issuance
of
the
decision
by
submitting
a
written
request
for
a
contested
case
proceeding
pursuant
to
chapter
17A
.
(6)
Following
issuance
of
a
final
decision
under
chapter
17A
that
no
mistake
of
fact
exists,
the
obligor
may
request
a
hearing
before
the
district
court
pursuant
to
chapter
17A
.
The
department
shall
transmit
a
copy
of
its
record
to
the
district
court
pursuant
to
chapter
17A
.
The
scope
of
the
review
by
the
district
court
shall
be
limited
to
demonstration
of
a
mistake
of
fact.
Issues
related
to
visitation,
custody,
or
other
provisions
not
related
to
the
support
provisions
of
a
support
order
are
not
grounds
for
a
hearing
under
this
subsection
.
c.
Following
certification
to
the
secretary,
if
the
unit
child
support
services
determines
that
an
obligor
no
longer
owes
delinquent
support
in
excess
of
two
thousand
five
hundred
dollars,
the
unit
child
support
services
shall
provide
information
and
notice
as
the
secretary
requires
to
withdraw
the
certification
for
passport
sanction.
13.
a.
Impose
an
annual
fee,
which
shall
be
retained
from
support
collected
on
behalf
of
the
obligee,
in
accordance
with
42
U.S.C.
§654(6)(B)(ii).
The
unit
Child
support
services
shall
send
information
regarding
the
requirements
of
this
subsection
by
regular
mail
to
the
last
known
address
of
an
affected
obligee,
or
may
include
the
information
for
an
obligee
in
an
application
for
services
signed
by
the
obligee.
In
addition,
the
unit
child
support
services
shall
take
steps
necessary
Senate
File
514,
p.
506
regarding
the
fee
to
qualify
for
federal
funds
in
conformity
with
the
provisions
of
Tit.
IV-D
of
the
federal
Social
Security
Act,
including
receiving
and
accounting
for
fee
payments,
as
appropriate,
through
the
collection
services
center
created
in
section
252B.13A
.
b.
Fees
collected
pursuant
to
this
subsection
shall
be
considered
repayment
receipts
as
defined
in
section
8.2
,
and
shall
be
used
for
the
purposes
of
the
unit
child
support
services
.
The
director
shall
maintain
an
accurate
record
of
the
fees
collected
and
expended
under
this
subsection
.
c.
Until
such
time
as
a
methodology
to
secure
payment
of
the
collections
fee
from
the
obligor
is
provided
by
law,
an
obligee
may
act
pursuant
to
this
paragraph
to
recover
the
collections
fee
from
the
obligor.
If
the
unit
child
support
services
retains
all
or
a
portion
of
the
collections
fee
imposed
pursuant
to
paragraph
“a”
in
a
federal
fiscal
year,
there
is
an
automatic
nonsupport
judgment,
in
an
amount
equal
to
the
amount
retained,
against
the
obligor
payable
to
the
obligee.
This
paragraph
shall
serve
as
constructive
notice
that
the
fee
amount,
once
retained,
is
an
automatic
nonsupport
judgment
against
the
obligor.
The
obligee
may
use
any
legal
means,
including
the
lien
created
by
the
nonsupport
judgment,
to
collect
the
nonsupport
judgment.
Sec.
848.
Section
252B.6,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
In
addition
to
the
services
enumerated
in
section
252B.5
,
the
unit
child
support
services
may
provide
the
following
services
in
the
case
of
a
dependent
child
for
whom
public
assistance
is
being
provided:
Sec.
849.
Section
252B.6,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Appear
on
behalf
of
the
state
for
the
purpose
of
facilitating
the
modification
of
support
awards
consistent
with
guidelines
established
pursuant
to
section
598.21B
,
and
Tit.
IV-D
of
the
federal
Social
Security
Act.
The
unit
Child
support
services
shall
not
otherwise
participate
in
the
proceeding.
Sec.
850.
Section
252B.6A,
Code
2023,
is
amended
to
read
as
follows:
252B.6A
External
services.
Senate
File
514,
p.
507
1.
Provided
that
the
action
is
consistent
with
applicable
federal
law
and
regulation,
an
attorney
licensed
in
this
state
shall
receive
compensation
as
provided
in
this
section
for
support
collected
as
the
direct
result
of
a
judicial
proceeding
maintained
by
the
attorney,
if
all
of
the
following
apply
to
the
case:
a.
The
unit
Child
support
services
is
providing
services
under
this
chapter
.
b.
The
current
support
obligation
is
terminated
and
only
arrearages
are
due
under
an
administrative
or
court
order
and
there
has
been
no
payment
under
the
order
for
at
least
the
twelve-month
period
prior
to
the
provision
of
notice
to
the
unit
child
support
services
by
the
attorney
under
this
section
.
c.
Support
is
assigned
to
the
state
based
upon
cash
assistance
paid
under
chapter
239B
,
or
its
successor.
d.
The
attorney
has
provided
written
notice
to
the
central
office
of
the
unit
child
support
services
and
to
the
obligee
at
the
last
known
address
of
the
obligee
of
the
intent
to
initiate
a
specified
judicial
proceeding,
at
least
thirty
days
prior
to
initiating
the
proceeding.
e.
The
attorney
has
provided
documentation
to
the
unit
child
support
services
that
the
attorney
is
insured
against
loss
caused
by
the
attorney’s
legal
malpractice
or
acts
or
omissions
of
the
attorney
which
result
in
loss
to
the
state
or
other
person.
f.
The
collection
is
received
by
the
collection
services
center
within
ninety
days
of
provision
of
the
notice
to
the
unit
child
support
services
.
An
attorney
may
provide
subsequent
notices
to
the
unit
child
support
services
to
extend
the
time
for
receipt
of
the
collection
by
subsequent
ninety-day
periods.
2.
a.
If,
prior
to
February
15,
1998,
notice
is
provided
pursuant
to
subsection
1
to
initiate
a
specific
judicial
proceeding,
this
section
shall
not
apply
to
the
proceeding
unless
the
unit
child
support
services
consents
to
the
proceeding.
b.
(1)
If,
on
or
after
February
15,
1998,
notice
is
provided
pursuant
to
subsection
1
to
initiate
a
specific
judicial
proceeding,
this
section
shall
apply
to
the
proceeding
only
if
the
case
is
exempt
from
application
of
rules
adopted
Senate
File
514,
p.
508
by
the
department
pursuant
to
subparagraph
(2)
which
limit
application
of
this
section
.
(2)
The
department
shall
adopt
rules
which
include,
but
are
not
limited
to,
exemption
from
application
of
this
section
to
proceedings
based
upon,
but
not
limited
to,
any
of
the
following:
(a)
A
finding
of
good
cause
pursuant
to
section
252B.3
.
(b)
The
existence
of
a
support
obligation
due
another
state
based
upon
public
assistance
provided
by
that
state.
(c)
The
maintaining
of
another
proceeding
by
an
attorney
under
this
section
for
which
the
unit
child
support
services
has
not
received
notice
that
the
proceeding
has
concluded
or
the
ninety-day
period
during
which
a
collection
may
be
received
pertaining
to
the
same
case
has
not
yet
expired.
(d)
The
initiation
of
a
seek
employment
action
under
section
252B.21
,
and
the
notice
from
the
attorney
indicates
that
the
attorney
intends
to
pursue
a
contempt
action.
(e)
Any
other
basis
for
exemption
of
a
specified
proceeding
designated
by
rule
which
relates
to
collection
and
enforcement
actions
provided
by
the
unit
child
support
services
.
3.
The
unit
Child
support
services
shall
issue
a
response
to
the
attorney
providing
notice
within
ten
days
of
receipt
of
the
notice.
The
response
shall
advise
the
attorney
whether
the
case
to
which
the
specified
judicial
proceeding
applies
meets
the
requirements
of
this
section
.
4.
For
the
purposes
of
this
section
,
a
“judicial
proceeding”
means
an
action
to
enforce
support
filed
with
a
court
of
competent
jurisdiction
in
which
the
court
issues
an
order
which
identifies
the
amount
of
the
support
collection
which
is
a
direct
result
of
the
court
proceeding.
“Judicial
proceedings”
include
but
are
not
limited
to
those
pursuant
to
chapters
598
,
626
,
633
,
642
,
654
,
or
684
and
also
include
contempt
proceedings
if
the
collection
payment
is
identified
in
the
court
order
as
the
result
of
such
a
proceeding.
“Judicial
proceedings”
do
not
include
enforcement
actions
which
the
unit
child
support
services
is
required
to
implement
under
federal
law
including,
but
not
limited
to,
income
withholding.
5.
All
of
the
following
are
applicable
to
a
collection
which
is
the
result
of
a
judicial
proceeding
which
meets
the
Senate
File
514,
p.
509
requirements
of
this
section
:
a.
All
payments
made
as
the
result
of
a
judicial
proceeding
under
this
section
shall
be
made
to
the
clerk
of
the
district
court
or
to
the
collection
services
center
and
shall
not
be
made
to
the
attorney.
Payments
received
by
the
clerk
of
the
district
court
shall
be
forwarded
to
the
collection
services
center
as
provided
in
section
252B.15
.
b.
The
attorney
shall
be
entitled
to
receive
an
amount
which
is
equal
to
twenty-five
percent
of
the
support
collected
as
the
result
of
the
specified
judicial
proceeding
not
to
exceed
the
amount
of
the
nonfederal
share
of
assigned
support
collected
as
the
result
of
that
proceeding.
The
amount
paid
under
this
paragraph
is
the
full
amount
of
compensation
due
the
attorney
for
a
proceeding
under
this
section
and
is
in
lieu
of
any
attorney
fees.
The
court
shall
not
order
the
obligor
to
pay
additional
attorney
fees.
The
amount
of
compensation
calculated
by
the
unit
child
support
services
is
subject,
upon
application
of
the
attorney,
to
judicial
review.
c.
Any
support
collected
shall
be
disbursed
in
accordance
with
federal
requirements
and
any
support
due
the
obligee
shall
be
disbursed
to
the
obligee
prior
to
disbursement
to
the
attorney
as
compensation.
d.
The
collection
services
center
shall
disburse
compensation
due
the
attorney
only
from
the
nonfederal
share
of
assigned
collections.
The
collection
services
center
shall
not
disburse
any
compensation
for
court
costs.
e.
The
unit
Child
support
services
may
delay
disbursement
to
the
attorney
pending
the
resolution
of
any
timely
appeal
by
the
obligor
or
obligee.
f.
Negotiation
of
a
partial
payment
or
settlement
for
support
shall
not
be
made
without
the
approval
of
the
unit
child
support
services
and
the
obligee,
as
applicable.
6.
The
attorney
initiating
a
judicial
proceeding
under
this
section
shall
notify
the
unit
child
support
services
when
the
judicial
proceeding
is
completed.
7.
a.
An
attorney
who
initiates
a
judicial
proceeding
under
this
section
represents
the
state
for
the
sole
and
limited
purpose
of
collecting
support
to
the
extent
provided
in
this
section
.
Senate
File
514,
p.
510
b.
The
attorney
is
not
an
employee
of
the
state
and
has
no
right
to
any
benefit
or
compensation
other
than
as
specified
in
this
section
.
c.
The
state
is
not
liable
or
subject
to
suit
for
any
acts
or
omissions
resulting
in
any
damages
as
a
consequence
of
the
attorney’s
acts
or
omissions
under
this
section
.
d.
The
attorney
shall
hold
the
state
harmless
from
any
act
or
omissions
of
the
attorney
which
may
result
in
any
penalties
or
sanctions,
including
those
imposed
under
federal
bankruptcy
laws,
and
the
state
may
recover
any
penalty
or
sanction
imposed
by
offsetting
any
compensation
due
the
attorney
under
this
section
for
collections
received
as
a
result
of
any
judicial
proceeding
initiated
under
this
section
.
e.
The
attorney
initiating
a
proceeding
under
this
section
does
not
represent
the
obligor.
8.
The
unit
Child
support
services
shall
comply
with
all
state
and
federal
laws
regarding
confidentiality.
The
unit
Child
support
services
may
release
to
an
attorney
who
has
provided
notice
under
this
section
,
information
regarding
child
support
balances
due,
to
the
extent
provided
under
such
laws.
9.
This
section
shall
not
be
interpreted
to
prohibit
the
unit
child
support
services
from
providing
services
or
taking
other
actions
to
enforce
support
as
provided
under
this
chapter
.
Sec.
851.
Section
252B.7,
Code
2023,
is
amended
to
read
as
follows:
252B.7
Legal
services.
1.
The
attorney
general
may
perform
the
legal
services
for
the
child
support
recovery
program
services
and
may
enforce
all
laws
for
the
recovery
of
child
support
from
responsible
relatives.
The
attorney
general
may
file
and
prosecute:
a.
Contempt
of
court
proceedings
to
enforce
any
order
of
court
pertaining
to
child
support.
b.
Cases
under
chapter
252A
,
the
support
of
dependents
law.
c.
An
information
charging
a
violation
of
section
726.3
,
726.5
or
726.6
.
d.
Any
other
lawful
action
which
will
secure
collection
of
support
for
minor
children.
2.
For
the
purposes
of
subsection
1
,
the
attorney
general
has
the
same
power
to
commence,
file
and
prosecute
any
action
Senate
File
514,
p.
511
or
information
in
the
proper
jurisdiction,
which
the
county
attorney
could
file
or
prosecute
in
that
jurisdiction.
This
section
does
not
relieve
a
county
attorney
from
the
county
attorney’s
duties,
or
the
attorney
general
from
the
supervisory
power
of
the
attorney
general,
in
the
recovery
of
child
support.
3.
The
unit
Child
support
services
may
contract
with
a
county
attorney,
the
attorney
general,
a
clerk
of
the
district
court,
or
another
person
or
agency
to
collect
support
obligations
and
to
administer
the
child
support
program
established
services
required
pursuant
to
this
chapter
.
Notwithstanding
section
13.7
,
the
unit
child
support
services
may
contract
with
private
attorneys
for
the
prosecution
of
civil
collection
and
recovery
cases
and
may
pay
reasonable
compensation
and
expenses
to
private
attorneys
for
the
prosecution
services
provided.
4.
An
attorney
employed
by
or
under
contract
with
the
child
support
recovery
unit
services
represents
and
acts
exclusively
on
behalf
of
the
state
when
providing
child
support
enforcement
services.
An
attorney-client
relationship
does
not
exist
between
the
attorney
and
an
individual
party,
witness,
or
person
other
than
the
state,
regardless
of
the
name
in
which
the
action
is
brought.
Sec.
852.
Section
252B.7A,
Code
2023,
is
amended
to
read
as
follows:
252B.7A
Determining
parent’s
income.
1.
The
unit
Child
support
services
shall
use
any
of
the
following
in
determining
the
amount
of
the
net
monthly
income
of
a
parent
for
purposes
of
establishing
or
modifying
a
support
obligation:
a.
Income
as
identified
in
a
signed
statement
of
the
parent
pursuant
to
section
252B.9,
subsection
1
,
paragraph
“b”
.
If
evidence
suggests
that
the
statement
is
incomplete
or
inaccurate,
the
unit
child
support
services
may
present
the
evidence
to
the
court
in
a
judicial
proceeding
or
to
the
administrator
director
in
a
proceeding
under
chapter
252C
or
a
comparable
chapter,
and
the
court
or
administrator
director
shall
weigh
the
evidence
in
setting
the
support
obligation.
Evidence
includes
but
is
not
limited
to
income
as
established
under
paragraph
“c”
.
Senate
File
514,
p.
512
b.
If
a
sworn
statement
is
not
provided
by
the
parent,
the
unit
child
support
services
may
determine
income
as
established
under
paragraph
“c”
or
“d”
.
c.
Income
established
by
any
of
the
following:
(1)
Income
verified
by
an
employer
or
payor
of
income.
(2)
Income
reported
to
the
department
of
workforce
development.
(3)
For
a
public
assistance
recipient,
income
as
reported
to
the
department
case
worker
assigned
to
the
public
assistance
case.
(4)
Other
written
documentation
which
identifies
income.
d.
By
July
1,
1999,
the
department
shall
adopt
rules
for
imputing
income,
whenever
possible,
based
on
the
earning
capacity
of
a
parent
who
does
not
provide
income
information
or
for
whom
income
information
is
not
available.
Until
such
time
as
the
department
adopts
rules
establishing
a
different
standard
for
determining
the
income
of
a
parent
who
does
not
provide
income
information
or
for
whom
income
information
is
not
available,
the
estimated
state
median
income
for
a
one-person
family
as
published
annually
in
the
federal
register
for
use
by
the
federal
office
of
community
services,
office
of
energy
assistance,
for
the
subsequent
federal
fiscal
year.
(1)
This
provision
is
effective
beginning
July
1,
1992,
based
upon
the
information
published
in
the
federal
register
dated
March
8,
1991.
(2)
The
unit
Child
support
services
may
revise
the
estimated
income
each
October
1.
If
the
estimate
is
not
available
or
has
not
been
published,
the
unit
child
support
services
may
revise
the
estimate
when
it
becomes
available.
e.
When
the
income
information
obtained
pursuant
to
this
subsection
does
not
include
the
information
necessary
to
determine
the
net
monthly
income
of
the
parent,
the
unit
child
support
services
may
deduct
twenty
percent
from
the
parent’s
gross
monthly
income
to
arrive
at
the
net
monthly
income
figure.
2.
The
amount
of
the
income
determined
may
be
challenged
any
time
prior
to
the
entry
of
a
new
or
modified
order
for
support.
3.
If
the
child
support
recovery
unit
services
is
providing
services
pursuant
to
this
chapter
,
the
court
shall
use
the
income
figure
determined
pursuant
to
this
section
when
applying
Senate
File
514,
p.
513
the
guidelines
to
determine
the
amount
of
support.
4.
The
department
may
develop
rules
as
necessary
to
further
implement
disclosure
of
financial
information
of
the
parties.
Sec.
853.
Section
252B.7B,
Code
2023,
is
amended
to
read
as
follows:
252B.7B
Informational
materials
provided
by
the
unit
child
support
services
.
1.
The
unit
Child
support
services
shall
prepare
and
make
available
to
the
public,
informational
materials
which
explain
the
unit’s
child
support
services’
procedures
including,
but
not
limited
to,
procedures
with
regard
to
all
of
the
following:
a.
Accepting
applications
for
services.
b.
Locating
individuals.
c.
Establishing
paternity.
d.
Establishing
support.
e.
Enforcing
support.
f.
Modifying,
suspending,
or
reinstating
support.
g.
Terminating
services.
2.
The
informational
materials
shall
include
general
information
about
and
descriptions
of
the
processes
involved
relating
to
the
services
provided
by
the
unit
child
support
services
including
application
for
services,
fees
for
services,
the
responsibilities
of
the
recipient
of
services,
resolution
of
disagreements
with
the
unit
child
support
services
,
rights
to
challenge
the
actions
of
the
unit
child
support
services
,
and
obtaining
additional
information.
Sec.
854.
Section
252B.8,
Code
2023,
is
amended
to
read
as
follows:
252B.8
Central
information
center.
The
department
shall
establish
within
the
unit
child
support
services
an
information
and
administration
coordinating
center
which
shall
serve
as
a
registry
for
the
receipt
of
information
and
for
answering
interstate
inquiries
concerning
absent
parents
and
shall
coordinate
and
supervise
unit
child
support
services’
activities.
The
information
and
administration
coordinating
center
shall
promote
cooperation
between
the
unit
child
support
services
and
law
enforcement
agencies
to
facilitate
the
effective
operation
of
the
unit
child
support
services
.
Senate
File
514,
p.
514
Sec.
855.
Section
252B.9,
Code
2023,
is
amended
to
read
as
follows:
252B.9
Information
and
assistance
from
others
——
availability
of
records.
1.
a.
The
director
may
request
from
state,
county,
and
local
agencies
information
and
assistance
deemed
necessary
to
carry
out
the
provisions
of
this
chapter
.
State,
county,
and
local
agencies,
officers,
and
employees
shall
cooperate
with
the
unit
child
support
services
and
shall
on
request
supply
the
department
with
available
information
relative
to
the
absent
parent,
the
custodial
parent,
and
any
other
necessary
party,
notwithstanding
any
provisions
of
law
making
this
information
confidential.
The
cooperation
and
information
required
by
this
subsection
shall
also
be
provided
when
it
is
requested
by
a
child
support
agency.
Information
required
by
this
subsection
includes,
but
is
not
limited
to,
information
relative
to
location,
income,
property
holdings,
records
of
licenses
as
defined
in
section
252J.1
,
and
records
concerning
the
ownership
and
control
of
corporations,
partnerships,
and
other
business
entities.
If
the
information
is
maintained
in
an
automated
database,
the
unit
child
support
services
shall
be
provided
automated
access.
b.
Parents
of
a
child
on
whose
behalf
support
enforcement
services
are
provided
shall
provide
information
regarding
income,
resources,
financial
circumstances,
and
property
holdings
to
the
department
for
the
purpose
of
establishment,
modification,
or
enforcement
of
a
support
obligation.
The
department
may
provide
the
information
to
parents
of
a
child
as
needed
to
implement
the
requirements
of
section
598.21B
,
notwithstanding
any
provisions
of
law
making
this
information
confidential.
c.
Notwithstanding
any
provisions
of
law
making
this
information
confidential,
all
persons,
including
for-profit,
nonprofit,
and
governmental
employers,
shall,
on
request,
promptly
supply
the
unit
child
support
services
or
a
child
support
agency
information
on
the
employment,
compensation,
and
benefits
of
any
individual
employed
by
such
person
as
an
employee
or
contractor
with
relation
to
whom
the
unit
child
support
services
or
a
child
support
agency
is
providing
Senate
File
514,
p.
515
services.
d.
Notwithstanding
any
provisions
of
law
making
this
information
confidential,
the
unit
child
support
services
may
subpoena
or
a
child
support
agency
may
use
the
administrative
subpoena
form
promulgated
by
the
secretary
of
the
United
States
department
of
health
and
human
services
under
42
U.S.C.
§652(a)(11)(C),
to
obtain
any
of
the
following:
(1)
Books,
papers,
records,
or
information
regarding
any
financial
or
other
information
relating
to
a
paternity
or
support
proceeding.
(2)
Certain
records
held
by
public
utilities,
cable
or
other
television
companies,
cellular
telephone
companies,
and
internet
service
providers
with
respect
to
individuals
who
owe
or
are
owed
support,
or
against
or
with
respect
to
whom
a
support
obligation
is
sought,
consisting
of
the
names
and
addresses
of
such
individuals
and
the
names
and
addresses
of
the
employers
of
such
individuals,
as
appearing
in
customer
records,
and
including
the
cellular
telephone
numbers
of
such
individuals
appearing
in
the
customer
records
of
cellular
telephone
companies.
If
the
records
are
maintained
in
automated
databases,
the
unit
child
support
services
shall
be
provided
with
automated
access.
e.
The
unit
Child
support
services
or
a
child
support
agency
may
subpoena
information
for
one
or
more
individuals.
f.
If
the
unit
child
support
services
or
a
child
support
agency
issues
a
request
under
paragraph
“c”
,
or
a
subpoena
under
paragraph
“d”
,
all
of
the
following
shall
apply:
(1)
The
unit
Child
support
services
or
a
child
support
agency
may
issue
a
request
or
subpoena
to
a
person
by
sending
it
by
regular
mail.
Proof
of
service
may
be
completed
according
to
rule
of
civil
procedure
1.442.
(2)
A
person
who
is
not
a
parent
or
putative
father
in
a
paternity
or
support
proceeding,
who
is
issued
a
request
or
subpoena,
shall
be
provided
an
opportunity
to
refuse
to
comply
for
good
cause
by
filing
a
request
for
a
conference
with
the
unit
child
support
services
or
a
child
support
agency
in
the
manner
and
within
the
time
specified
in
rules
adopted
pursuant
to
subparagraph
(7).
(3)
Good
cause
shall
be
limited
to
mistake
in
the
identity
Senate
File
514,
p.
516
of
the
person,
or
prohibition
under
federal
law
to
release
such
information.
(4)
After
the
conference
the
unit
child
support
services
shall
issue
a
notice
finding
that
the
person
has
good
cause
for
refusing
to
comply,
or
a
notice
finding
that
the
person
does
not
have
good
cause
for
failing
to
comply.
If
the
person
refuses
to
comply
after
issuance
of
notice
finding
lack
of
good
cause,
or
refuses
to
comply
and
does
not
request
a
conference,
the
person
is
subject
to
a
penalty
of
one
hundred
dollars
per
refusal.
(5)
If
the
person
fails
to
comply
with
the
request
or
subpoena,
fails
to
request
a
conference,
and
fails
to
pay
a
penalty
imposed
under
subparagraph
(4),
the
unit
child
support
services
may
petition
the
district
court
to
compel
the
person
to
comply
with
this
paragraph.
If
the
person
objects
to
imposition
of
the
penalty,
the
person
may
seek
judicial
review
by
the
district
court.
(6)
If
a
parent
or
putative
father
fails
to
comply
with
a
subpoena
or
request
for
information,
the
provisions
of
chapter
252J
shall
apply.
(7)
The
unit
Child
support
services
may
adopt
rules
pursuant
to
chapter
17A
to
implement
this
section
.
g.
Notwithstanding
any
provisions
of
law
making
this
information
confidential,
the
unit
child
support
services
or
a
child
support
agency
shall
have
access
to
records
and
information
held
by
financial
institutions
with
respect
to
individuals
who
owe
or
are
owed
support,
or
with
respect
to
whom
a
support
obligation
is
sought
including
information
on
assets
and
liabilities.
If
the
records
are
maintained
in
automated
databases,
the
unit
child
support
services
shall
be
provided
with
automated
access.
For
the
purposes
of
this
section
,
“financial
institution”
means
financial
institution
as
defined
in
section
252I.1
.
h.
Notwithstanding
any
law
to
the
contrary,
the
unit
child
support
services
and
a
child
support
agency
shall
have
access
to
any
data
maintained
by
the
state
of
Iowa
which
contains
information
that
would
aid
the
agency
in
locating
individuals.
Such
information
shall
include,
but
is
not
limited
to,
driver’s
license,
motor
vehicle,
and
criminal
justice
information.
However,
the
information
does
not
include
Senate
File
514,
p.
517
criminal
investigative
reports
or
intelligence
files
maintained
by
law
enforcement.
The
unit
Child
support
services
and
a
child
support
agency
shall
use
or
disclose
the
information
obtained
pursuant
to
this
paragraph
only
in
accordance
with
subsection
3
.
Criminal
history
records
maintained
by
the
department
of
public
safety
shall
be
disclosed
in
accordance
with
chapter
692
.
The
unit
Child
support
services
shall
also
have
access
to
the
protective
order
file
maintained
by
the
department
of
public
safety.
i.
Liability
shall
not
arise
under
this
subsection
with
respect
to
any
disclosure
by
a
person
as
required
by
this
subsection
,
and
no
advance
notice
from
the
unit
child
support
services
or
a
child
support
agency
is
required
prior
to
requesting
information
or
assistance
or
issuing
a
subpoena
under
this
subsection
.
j.
Notwithstanding
any
provision
of
law
making
this
information
confidential,
data
provided
to
the
department
by
an
insurance
carrier
under
section
505.25
shall
also
be
provided
to
the
unit
child
support
services
.
Provision
of
data
to
the
unit
child
support
services
under
this
paragraph
shall
not
require
an
agreement
or
modification
of
an
agreement
between
the
department
and
an
insurance
carrier,
but
the
provisions
of
this
section
applicable
to
information
received
by
the
unit
child
support
services
shall
apply
to
the
data
received
pursuant
to
section
505.25
in
lieu
of
any
confidentiality,
privacy,
disclosure,
use,
or
other
provisions
of
an
agreement
between
the
department
and
an
insurance
carrier.
2.
Notwithstanding
other
statutory
provisions
to
the
contrary,
including
but
not
limited
to
chapters
22
and
217
,
as
the
chapters
relate
to
confidentiality
of
records
maintained
by
the
department,
the
payment
records
of
the
collection
services
center
maintained
under
section
252B.13A
may
be
released,
except
when
prohibited
by
federal
law
or
regulation,
only
as
follows:
a.
Payment
records
of
the
collection
services
center
may
be
released
upon
request
for
the
administration
of
a
plan
or
program
approved
for
the
supplemental
nutrition
assistance
program
or
under
Tit.
IV,
XIX,
or
XXI
of
the
federal
Social
Security
Act,
as
amended,
and
as
otherwise
permitted
under
Tit.
Senate
File
514,
p.
518
IV-D
of
the
federal
Social
Security
Act,
as
amended.
A
payment
record
shall
not
include
address
or
location
information.
b.
The
department
may
release
details
related
to
payment
records
or
provide
alternative
formats
for
release
of
the
information
for
the
administration
of
a
plan
or
program
under
Tit.
IV-D
of
the
federal
Social
Security
Act,
as
amended,
including
as
follows:
(1)
The
unit
Child
support
services
or
the
collection
services
center
may
provide
detail
or
present
the
information
in
an
alternative
format
to
an
individual
or
to
the
individual’s
legal
representative
if
the
individual
owes
or
is
owed
a
support
obligation,
to
an
agency
assigned
the
obligation
as
the
result
of
receipt
by
a
party
of
public
assistance,
to
an
agency
charged
with
enforcing
child
support
pursuant
to
Tit.
IV-D
of
the
federal
Social
Security
Act,
as
amended,
or
to
the
court.
(2)
For
support
orders
entered
in
Iowa
which
are
being
enforced
by
the
unit
child
support
services
,
the
unit
child
support
services
may
compile
and
make
available
for
publication
a
listing
of
cases
in
which
no
payment
has
been
credited
to
an
accrued
or
accruing
support
obligation
during
a
previous
three-month
period.
Each
case
on
the
list
shall
be
identified
only
by
the
name
of
the
support
obligor,
the
address,
if
known,
of
the
support
obligor,
unless
the
information
pertaining
to
the
address
of
the
support
obligor
is
protected
through
confidentiality
requirements
established
by
law
and
has
not
otherwise
been
verified
with
the
unit
child
support
services
,
the
support
obligor’s
court
order
docket
or
case
number,
the
county
in
which
the
obligor’s
support
order
is
filed,
the
collection
services
center
case
numbers,
and
the
range
within
which
the
balance
of
the
support
obligor’s
delinquency
is
established.
The
department
shall
determine
dates
for
the
release
of
information,
the
specific
format
of
the
information
released,
and
the
three-month
period
used
as
a
basis
for
identifying
cases.
The
department
may
not
release
the
information
more
than
twice
annually.
In
compiling
the
listing
of
cases,
no
prior
public
notice
to
the
obligor
is
required,
but
the
unit
child
support
services
may
send
notice
annually
by
mail
to
the
current
known
address
of
any
individual
owing
a
support
obligation
which
is
being
enforced
by
the
unit
child
Senate
File
514,
p.
519
support
services
.
The
notice
shall
inform
the
individual
of
the
provisions
of
this
subparagraph.
Actions
taken
pursuant
to
this
subparagraph
are
not
subject
to
review
under
chapter
17A
,
and
the
lack
of
receipt
of
a
notice
does
not
prevent
the
unit
child
support
services
from
proceeding
in
implementing
this
subparagraph.
(3)
The
provisions
of
subparagraph
(2)
may
be
applied
to
support
obligations
entered
in
another
state,
at
the
request
of
a
child
support
agency
if
the
child
support
agency
has
demonstrated
that
the
provisions
of
subparagraph
(2)
are
not
in
conflict
with
the
laws
of
the
state
where
the
support
obligation
is
entered
and
the
unit
child
support
services
is
enforcing
the
support
obligation.
(4)
Records
relating
to
the
administration,
collection,
and
enforcement
of
surcharges
pursuant
to
section
252B.23
which
are
recorded
by
the
unit
child
support
services
or
a
collection
entity
shall
be
confidential
records
except
that
information,
as
necessary
for
support
collection
and
enforcement,
may
be
provided
to
other
governmental
agencies,
the
obligor
or
the
resident
parent,
or
a
collection
entity
under
contract
with
the
unit
child
support
services
unless
otherwise
prohibited
by
the
federal
law.
A
collection
entity
under
contract
with
the
unit
child
support
services
shall
use
information
obtained
for
the
sole
purpose
of
fulfilling
the
duties
required
under
the
contract,
and
shall
disclose
any
records
obtained
by
the
collection
entity
to
the
unit
child
support
services
for
use
in
support
establishment
and
enforcement.
3.
Notwithstanding
other
statutory
provisions
to
the
contrary,
including
but
not
limited
to
chapters
22
and
217
,
as
the
chapters
relate
to
the
confidentiality
of
records
maintained
by
the
department,
information
recorded
by
the
department
pursuant
to
this
section
or
obtained
by
the
unit
child
support
services
is
confidential
and,
except
when
prohibited
by
federal
law
or
regulation,
may
be
used
or
disclosed
as
provided
in
subsection
1
,
paragraphs
“b”
and
“h”
,
and
subsection
2
,
and
as
follows:
a.
The
attorney
general
may
utilize
the
information
to
secure,
modify,
or
enforce
a
support
obligation
of
an
individual.
Senate
File
514,
p.
520
b.
This
subsection
shall
not
permit
or
require
the
release
of
information,
except
to
the
extent
provided
in
this
section
.
c.
The
unit
Child
support
services
may
release
or
disclose
information
as
necessary
to
provide
services
under
section
252B.5
,
as
provided
by
chapter
252G
,
as
provided
by
Tit.
IV-D
of
the
federal
Social
Security
Act,
as
amended,
or
as
required
by
federal
law.
d.
The
unit
Child
support
services
may
release
information
under
section
252B.9A
to
meet
the
requirements
of
Tit.
IV-D
of
the
federal
Social
Security
Act
for
parent
locator
services.
e.
Information
may
be
released
if
directly
connected
with
any
of
the
following:
(1)
The
administration
of
a
plan
or
program
approved
for
the
supplemental
nutrition
assistance
program
or
under
Tit.
IV,
XIX,
or
XXI
of
the
federal
Social
Security
Act,
as
amended.
(2)
Any
investigations,
prosecutions,
or
criminal
or
civil
proceeding
conducted
in
connection
with
the
administration
of
any
such
plan
or
program.
(3)
Reporting
to
an
appropriate
agency
or
official
of
any
such
plan
or
program,
information
on
known
or
suspected
instances
of
physical
or
mental
injury,
sexual
abuse
or
exploitation,
or
negligent
treatment
or
maltreatment
of
a
child
who
is
the
subject
of
a
child
support
enforcement
action
under
circumstances
which
indicate
that
the
child’s
health
or
welfare
is
threatened.
f.
Information
may
be
released
to
courts
having
jurisdiction
in
support
proceedings.
If
a
court
issues
an
order,
which
is
not
entered
under
section
252B.9A
,
directing
the
unit
child
support
services
to
disclose
confidential
information,
the
unit
child
support
services
may
file
a
motion
to
quash
pursuant
to
this
chapter
,
Tit.
IV-D
of
the
federal
Social
Security
Act,
or
other
applicable
law.
g.
The
child
Child
support
recovery
unit
services
may
release
information
for
the
administration
of
a
plan
or
program
approved
for
the
supplemental
nutrition
assistance
program
or
under
Tit.
IV,
XIX,
or
XXI
of
the
federal
Social
Security
Act,
as
amended,
specified
under
subsection
2
or
this
subsection
,
to
the
extent
the
release
of
information
does
not
interfere
with
the
unit
child
support
services
meeting
its
own
obligations
Senate
File
514,
p.
521
under
Tit.
IV-D
of
the
federal
Social
Security
Act,
as
amended,
and
subject
to
requirements
prescribed
by
the
federal
office
of
child
support
enforcement
of
the
United
States
department
of
health
and
human
services.
h.
For
purposes
of
this
subsection
,
“party”
means
an
absent
parent,
obligor,
resident
parent,
or
other
necessary
party.
i.
If
the
unit
child
support
services
receives
notification
under
this
paragraph,
the
unit
child
support
services
shall
notify
the
federal
parent
locator
service
as
required
by
federal
law
that
there
is
reasonable
evidence
of
domestic
violence
or
child
abuse
against
a
party
or
a
child
and
that
the
disclosure
of
information
could
be
harmful
to
the
party
or
the
child.
The
notification
to
the
federal
parent
locator
service
shall
be
known
as
notification
of
a
disclosure
risk
indicator.
For
purposes
of
this
paragraph,
the
unit
child
support
services
shall
notify
the
federal
parent
locator
service
of
a
disclosure
risk
indicator
only
if
at
least
one
of
the
following
applies:
(1)
The
unit
Child
support
services
receives
notification
that
the
department,
or
comparable
agency
of
another
state,
has
made
a
finding
of
good
cause
or
other
exception
as
provided
in
section
252B.3
,
or
comparable
law
of
another
state.
(2)
The
unit
Child
support
services
receives
and,
through
automation,
matches
notification
from
the
department
of
public
safety
or
the
unit
child
support
services
receives
notification
from
a
court
of
this
or
another
state,
that
a
court
has
issued
a
protective
order
or
no-contact
order
against
a
party
with
respect
to
another
party
or
child.
(3)
The
unit
Child
support
services
receives
notification
that
a
court
has
dismissed
a
petition
for
specified
confidential
information
pursuant
to
section
252B.9A
.
(4)
The
unit
Child
support
services
receives
a
copy,
regular
on
its
face,
of
a
notarized
affidavit
or
a
pleading,
which
was
signed
by
and
made
under
oath
by
a
party,
under
chapter
252K
,
the
uniform
interstate
family
support
Act,
or
the
comparable
law
of
another
state,
alleging
the
health,
safety,
or
liberty
of
the
party
or
child
would
be
jeopardized
by
the
disclosure
of
specific
identifying
information
unless
a
tribunal
under
chapter
252K
,
the
uniform
interstate
family
support
Act,
or
the
comparable
law
of
another
state,
ordered
the
identifying
Senate
File
514,
p.
522
information
of
a
party
or
child
be
disclosed.
(5)
The
unit
Child
support
services
receives
and,
through
automation,
matches
notification
from
the
division
of
child
and
family
services
of
the
department,
or
the
unit
child
support
services
receives
notification
from
a
comparable
agency
of
another
state,
of
a
founded
allegation
of
child
abuse,
or
a
comparable
finding
under
the
law
of
the
other
state.
(6)
The
unit
Child
support
services
receives
notification
that
an
individual
has
an
exemption
from
cooperation
with
child
support
enforcement
under
a
family
investment
program
safety
plan
which
addresses
family
or
domestic
violence.
(7)
The
unit
Child
support
services
receives
notification
that
an
individual
is
a
certified
program
participant
as
provided
in
chapter
9E
.
(8)
The
unit
Child
support
services
receives
notification,
as
the
result
of
a
request
under
section
252B.9A
,
of
the
existence
of
any
finding,
order,
affidavit,
pleading,
safety
plan,
certification,
or
founded
allegation
referred
to
in
subparagraphs
(1)
through
(7)
of
this
paragraph.
j.
The
unit
Child
support
services
may
provide
information
regarding
delinquent
obligors
as
provided
in
42
U.S.C.
§666(a)(7)
to
a
consumer
reporting
agency
if
all
the
following
apply:
(1)
The
agency
provides
the
unit
child
support
services
with
satisfactory
evidence
that
it
is
a
consumer
reporting
agency
as
defined
in
15
U.S.C.
§1681a(f)
and
meets
all
the
following
requirements:
(a)
Compiles
and
maintains
files
on
consumers
on
a
nationwide
basis
as
provided
in
15
U.S.C.
§1681a(p).
(b)
Participates
jointly
with
other
nationwide
consumer
reporting
agencies
in
providing
annual
free
credit
reports
to
consumers
upon
request
through
a
centralized
source
as
required
by
the
federal
trade
commission
in
16
C.F.R.
§610.2.
(2)
The
agency
has
entered
into
an
agreement
with
the
unit
child
support
services
regarding
receipt
and
use
of
the
information.
4.
Nothing
in
this
chapter
,
chapter
252A
,
252C
,
252D
,
252E
,
252F
,
252G
,
252H
,
252I
,
252J
,
or
252K
,
or
any
other
comparable
chapter
or
law
shall
preclude
the
unit
child
support
Senate
File
514,
p.
523
services
from
exchanging
any
information,
notice,
document,
or
certification
with
any
government
or
private
entity,
if
the
exchange
is
not
otherwise
prohibited
by
law,
through
mutually
agreed
upon
electronic
data
transfer
rather
than
through
other
means.
Sec.
856.
Section
252B.9A,
Code
2023,
is
amended
to
read
as
follows:
252B.9A
Disclosure
of
confidential
information
——
authorized
person
——
court.
1.
A
person,
except
a
court
or
government
agency,
who
is
an
authorized
person
to
receive
specified
confidential
information
under
42
U.S.C.
§653,
may
submit
a
written
request
to
the
unit
child
support
services
for
disclosure
of
specified
confidential
information
regarding
a
nonrequesting
party.
The
written
request
shall
comply
with
federal
law
and
regulations,
including
any
attestation
and
any
payment
to
the
federal
office
of
child
support
enforcement
of
the
United
States
department
of
health
and
human
services
required
by
federal
law
or
regulation,
and
shall
include
a
sworn
statement
attesting
to
the
reason
why
the
requester
is
an
authorized
person
under
42
U.S.C.
§653,
including
that
the
requester
would
use
the
confidential
information
only
for
purposes
permitted
in
that
section.
2.
Upon
receipt
of
a
request
from
an
authorized
person
which
meets
all
of
the
requirements
under
subsection
1
,
the
unit
child
support
services
shall
search
available
records
as
permitted
by
law
or
shall
request
the
information
from
the
federal
parent
locator
service
as
provided
in
42
U.S.C.
§653.
a.
If
the
unit
child
support
services
locates
the
specified
confidential
information,
the
unit
child
support
services
shall
disclose
the
information
to
the
extent
permitted
under
federal
law,
unless
one
of
the
following
applies:
(1)
There
is
a
notice
from
the
federal
parent
locator
service
that
there
is
reasonable
evidence
of
domestic
violence
or
child
abuse
pursuant
to
42
U.S.C.
§653(b)(2).
(2)
The
unit
Child
support
services
has
notified
the
federal
parent
locator
service
of
a
disclosure
risk
indicator
as
provided
in
section
252B.9,
subsection
3
,
paragraph
“i”
,
and
has
not
removed
that
notification.
(3)
The
unit
Child
support
services
receives
notice
of
a
Senate
File
514,
p.
524
basis
for
a
disclosure
risk
indicator
listed
in
section
252B.9,
subsection
3
,
paragraph
“i”
,
within
twenty
days
of
sending
a
notice
of
the
request
to
the
subject
of
the
request
by
regular
mail.
b.
If
the
unit
child
support
services
locates
the
specified
confidential
information,
but
the
unit
child
support
services
is
prohibited
from
disclosing
confidential
information
under
paragraph
“a”
,
the
unit
child
support
services
shall
deny
the
request
and
notify
the
requester
of
the
denial
in
writing.
Upon
receipt
of
a
written
notice
from
the
unit
child
support
services
denying
the
request,
the
requester
may
file
a
petition
in
district
court
for
an
order
directing
the
unit
child
support
services
to
release
the
requested
information
to
the
court
as
provided
in
subsection
3
.
3.
A
person
may
file
a
petition
in
district
court
for
disclosure
of
specified
confidential
information.
The
petition
shall
request
that
the
court
direct
the
unit
child
support
services
to
release
specified
confidential
information
to
the
court,
that
the
court
make
a
determination
of
harm
if
appropriate,
and
that
the
court
release
specified
confidential
information
to
the
petitioner.
a.
The
petition
shall
include
a
sworn
statement
attesting
to
the
intended
use
of
the
information
by
the
petitioner
as
allowed
by
federal
law.
Such
statement
may
specify
any
of
the
following
intended
uses:
(1)
To
establish
parentage,
or
to
establish,
set
the
amount
of,
modify,
or
enforce
a
child
support
obligation.
(2)
To
make
or
enforce
a
child
custody
or
visitation
determination
or
order.
(3)
To
carry
out
the
duty
or
authority
of
the
petitioner
to
investigate,
enforce,
or
bring
a
prosecution
with
respect
to
the
unlawful
taking
or
restraint
of
a
child.
b.
Upon
the
filing
of
a
petition,
the
court
shall
enter
an
order
directing
the
unit
child
support
services
to
release
to
the
court
within
thirty
days
specified
confidential
information
which
the
unit
child
support
services
would
be
permitted
to
release
under
42
U.S.C.
§653
and
42
U.S.C.
§663,
unless
one
of
the
following
applies:
(1)
There
is
a
notice
from
the
federal
parent
locator
Senate
File
514,
p.
525
service
that
there
is
reasonable
evidence
of
domestic
violence
or
child
abuse
pursuant
to
42
U.S.C.
§653(b)(2).
(2)
The
unit
Child
support
services
has
notified
the
federal
parent
locator
service
of
a
disclosure
risk
indicator
as
provided
in
section
252B.9,
subsection
3
,
paragraph
“i”
,
and
has
not
removed
that
notification.
(3)
The
unit
Child
support
services
receives
notice
of
a
basis
for
a
disclosure
risk
indicator
listed
in
section
252B.9,
subsection
3
,
paragraph
“i”
,
within
twenty
days
of
sending
notice
of
the
order
to
the
subject
of
the
request
by
regular
mail.
The
unit
Child
support
services
shall
include
in
the
notice
to
the
subject
of
the
request
a
copy
of
the
court
order
issued
under
this
paragraph.
c.
Upon
receipt
of
the
order,
the
unit
child
support
services
shall
comply
as
follows:
(1)
If
the
unit
child
support
services
has
the
specified
confidential
information,
and
none
of
the
domestic
violence,
child
abuse,
or
disclosure
risk
indicator
provisions
of
paragraph
“b”
applies,
the
unit
child
support
services
shall
file
the
confidential
information
with
the
court
along
with
a
statement
that
the
unit
child
support
services
has
not
received
any
notice
that
the
domestic
violence,
child
abuse,
or
disclosure
risk
indicator
provisions
of
paragraph
“b”
apply.
The
unit
Child
support
services
shall
be
granted
at
least
thirty
days
to
respond
to
the
order.
The
court
may
extend
the
time
for
the
unit
child
support
services
to
comply.
Upon
receipt
by
the
court
of
the
confidential
information
under
this
subparagraph,
the
court
may
order
the
release
of
the
information
to
the
petitioner.
(2)
If
the
unit
child
support
services
has
the
specified
confidential
information,
and
the
domestic
violence,
child
abuse,
or
disclosure
risk
indicator
provision
of
paragraph
“b”
applies,
the
unit
child
support
services
shall
file
with
the
court
a
statement
that
the
domestic
violence,
child
abuse,
or
disclosure
risk
indicator
provision
of
paragraph
“b”
applies,
along
with
any
information
the
unit
child
support
services
has
received
related
to
the
domestic
violence,
child
abuse,
or
disclosure
risk
indicator.
The
unit
Child
support
services
shall
be
granted
at
least
thirty
days
to
respond
to
Senate
File
514,
p.
526
the
order.
The
court
may
extend
the
time
for
the
unit
child
support
services
to
comply.
Upon
receipt
by
the
court
of
information
from
the
unit
child
support
services
under
this
subparagraph,
the
court
shall
make
a
finding
whether
disclosure
of
confidential
information
to
any
other
person
could
be
harmful
to
the
nonrequesting
party
or
child.
In
making
the
finding,
the
court
shall
consider
any
relevant
information
provided
by
the
parent
or
child,
any
information
provided
by
the
unit
child
support
services
or
by
a
child
support
agency,
any
information
provided
by
the
petitioner,
and
any
other
relevant
evidence.
The
unit
Child
support
services
or
unit’s
a
child
support
services’
attorney
does
not
represent
any
individual
person
in
this
proceeding.
(a)
If
the
court
finds
that
disclosure
of
confidential
information
to
any
other
person
could
be
harmful
to
the
nonrequesting
party
or
child,
the
court
shall
dismiss
the
petition
for
disclosure
and
notify
the
unit
child
support
services
to
notify
the
federal
parent
locator
service
of
a
disclosure
risk
indicator.
(b)
If
the
court
does
not
find
that
disclosure
of
specified
confidential
information
to
any
other
person
could
be
harmful
to
the
nonrequesting
party
or
child,
the
court
shall
notify
the
unit
child
support
services
to
file
the
specified
confidential
information
with
the
court.
Upon
receipt
by
the
court
of
the
specified
confidential
information,
the
court
may
release
the
information
to
the
petitioner
and
inform
the
unit
child
support
services
to
remove
the
disclosure
risk
indicator.
(3)
If
the
unit
child
support
services
does
not
have
the
specified
confidential
information
and
cannot
obtain
the
information
from
the
federal
parent
locator
service,
the
unit
child
support
services
shall
comply
with
the
order
by
notifying
the
court
of
the
lack
of
information.
4.
The
confidential
information
which
may
be
released
by
the
unit
child
support
services
to
a
party
under
subsection
2
,
or
by
the
unit
child
support
services
to
the
court
under
subsection
3
,
shall
be
limited
by
the
federal
Social
Security
Act
and
other
applicable
federal
law,
and
the
unit
child
support
services
may
use
the
sworn
statement
filed
pursuant
to
subsection
1
or
3
in
applying
federal
law.
Any
information
filed
with
the
court
Senate
File
514,
p.
527
by
the
unit
child
support
services
,
when
certified
over
the
signature
of
a
designated
employee,
shall
be
considered
to
be
satisfactorily
identified
and
shall
be
admitted
as
evidence,
without
requiring
third-party
foundation
testimony.
Additional
proof
of
the
official
character
of
the
person
certifying
the
document
or
the
authenticity
of
the
person’s
signature
shall
not
be
required.
5.
When
making
a
request
for
confidential
information
under
this
section
,
a
party
or
petitioner
shall
indicate
the
specific
information
requested.
6.
For
purposes
of
this
section
,
“party”
means
party
as
defined
in
section
252B.9,
subsection
3
.
7.
The
unit
Child
support
services
may
adopt
rules
pursuant
to
chapter
17A
to
prescribe
provisions
in
addition
to
or
in
lieu
of
the
provisions
of
this
section
to
comply
with
federal
requirements
for
parent
locator
services
or
the
safeguarding
of
information.
Sec.
857.
Section
252B.11,
Code
2023,
is
amended
to
read
as
follows:
252B.11
Recovery
of
costs
of
collection
services.
The
unit
Child
support
services
may
initiate
necessary
civil
proceedings
to
recover
the
unit’s
child
support
services’
costs
of
support
collection
services
provided
to
an
individual,
whether
or
not
the
individual
is
a
public
assistance
recipient,
from
an
individual
who
owes
and
is
able
to
pay
a
support
obligation
but
willfully
fails
to
pay
the
obligation.
The
unit
Child
support
services
may
seek
a
lump
sum
recovery
of
the
unit’s
child
support
services’
costs
or
may
seek
to
recover
the
unit’s
child
support
services’
costs
through
periodic
payments
which
are
in
addition
to
periodic
support
payments.
If
the
unit’s
child
support
services’
costs
are
recovered
from
an
individual
owing
a
support
obligation,
the
costs
shall
not
be
deducted
from
the
amount
of
support
money
received
from
the
individual.
The
costs
collected
pursuant
to
this
section
shall
be
retained
by
the
department
for
use
by
the
unit
child
support
services
.
The
director
or
a
designee
shall
keep
an
accurate
record
of
funds
so
retained.
Sec.
858.
Section
252B.13A,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
528
252B.13A
Collection
services
center.
1.
The
department
shall
establish
within
the
unit
child
support
services
a
collection
services
center
for
the
receipt
and
disbursement
of
support
payments
as
defined
in
section
252D.16
or
598.1
as
required
for
orders
by
section
252B.14
.
For
purposes
of
this
section
,
support
payments
do
not
include
attorney
fees,
court
costs,
or
property
settlements.
The
center
may
also
receive
and
disburse
surcharges
as
provided
in
section
252B.23
.
2.
a.
The
collection
services
center
shall
meet
the
requirements
for
a
state
disbursement
unit
pursuant
to
42
U.S.C.
§654b,
section
252B.14
,
and
this
section
by
October
1,
1999.
b.
Prior
to
October
1,
1999,
the
department
and
the
judicial
branch
shall
enter
into
a
cooperative
agreement
for
implementation
of
the
state
disbursement
unit
requirement.
The
agreement
shall
include,
but
is
not
limited
to,
provisions
for
all
of
the
following:
(1)
Coordination
with
the
state
case
registry
created
in
section
252B.24
.
(2)
The
receipt
and
disbursement
of
income
withholding
payments
for
orders
not
receiving
services
from
the
unit
child
support
services
pursuant
to
section
252B.14,
subsection
4
.
(3)
The
transmission
of
information,
orders,
and
documents,
and
access
to
information.
(4)
Furnishing,
upon
request,
timely
information
on
the
current
status
of
support
payments
as
provided
in
42
U.S.C.
§654b(b)(4),
in
a
manner
consistent
with
state
law.
(5)
The
notification
of
payors
of
income
to
direct
income
withholding
payments
to
the
collection
services
center
as
provided
in
section
252B.14,
subsection
4
.
Sec.
859.
Section
252B.14,
subsections
2
and
5,
Code
2023,
are
amended
to
read
as
follows:
2.
For
support
orders
being
enforced
by
the
child
support
recovery
unit
services
,
support
payments
made
pursuant
to
the
order
shall
be
directed
to
and
disbursed
by
the
collection
services
center
or,
as
appropriate,
a
comparable
government
entity
in
another
state
as
provided
in
chapter
252K
.
5.
If
the
collection
services
center
is
receiving
and
disbursing
payments
pursuant
to
a
support
order,
but
the
unit
Senate
File
514,
p.
529
child
support
services
is
not
providing
other
services
under
Tit.
IV-D
of
the
federal
Social
Security
Act,
or
if
the
order
is
not
being
enforced
by
the
unit
child
support
services
,
the
parties
to
that
order
are
not
considered
to
be
receiving
services
under
this
chapter
.
Sec.
860.
Section
252B.15,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
collection
services
center
shall
notify
the
clerk
of
the
district
court
of
any
order
for
which
the
child
support
recovery
unit
services
is
providing
enforcement
services.
The
clerk
of
the
district
court
shall
forward
any
support
payment
made
pursuant
to
the
order,
along
with
any
support
payment
information,
to
the
collection
services
center.
Unless
the
agreement
developed
pursuant
to
section
252B.13A
otherwise
provides,
the
clerk
of
the
district
court
shall
forward
any
support
payment
made
and
any
support
payment
information
provided
through
income
withholding
pursuant
to
chapter
252D
,
to
the
collection
services
center.
The
collection
services
center
shall
process
and
disburse
the
payment
in
accordance
with
federal
requirements.
Sec.
861.
Section
252B.16,
Code
2023,
is
amended
to
read
as
follows:
252B.16
Transfer
of
support
order
processing
responsibilities
——
ongoing
procedures.
1.
For
a
support
order
being
processed
by
the
clerk
of
the
district
court,
upon
notification
that
the
unit
child
support
services
is
providing
enforcement
services
related
to
the
order,
the
clerk
of
the
district
court
shall
immediately
transfer
the
responsibility
for
the
disbursement
of
support
payments
received
pursuant
to
the
order
to
the
collection
services
center.
2.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
ensure
that
the
affected
parties
are
notified
that
the
support
payment
disbursement
responsibilities
have
been
transferred
to
the
collection
services
center
from
the
clerk
of
the
district
court.
The
rules
shall
include
a
provision
requiring
that
a
notice
shall
be
sent
by
regular
mail
to
the
last
known
addresses
of
the
obligee
and
the
obligor.
The
issuance
of
notice
to
the
obligor
is
the
equivalent
of
a
court
Senate
File
514,
p.
530
order
requiring
the
obligor
to
direct
payment
to
the
collection
services
center
for
disbursement.
3.
Once
the
responsibility
for
receiving
and
disbursing
support
payments
has
been
transferred
from
a
clerk
of
the
district
court
to
the
collection
services
center,
the
responsibility
shall
remain
with
the
collection
services
center
even
if
the
child
support
recovery
unit
services
is
no
longer
providing
enforcement
services,
unless
redirected
by
court
order.
However,
the
responsibility
for
receiving
and
disbursing
income
withholding
payments
shall
not
be
redirected
to
a
clerk
of
the
district
court.
4.
As
provided
in
sections
252K.307
and
252K.319
,
the
unit
child
support
services
may
issue
and
file
with
the
clerk
of
the
district
court,
a
notice
redirecting
support
payments
to
a
comparable
government
entity
responsible
for
the
processing
and
disbursement
of
support
payments
in
another
state.
The
unit
Child
support
services
shall
send
a
copy
of
the
notice
by
regular
mail
to
the
last
known
addresses
of
the
obligor
and
obligee
and,
where
applicable,
shall
notify
the
payor
of
income
to
make
payments
as
specified
in
the
notice.
The
issuance
and
filing
of
the
notice
is
the
equivalent
of
a
court
order
redirecting
support.
Sec.
862.
Section
252B.17A,
Code
2023,
is
amended
to
read
as
follows:
252B.17A
Imaging
or
photographic
copies
——
originals
destroyed.
1.
If
the
unit
child
support
services
,
in
the
regular
course
of
business
or
activity,
has
recorded
or
received
any
memorandum,
writing,
entry,
print,
document,
representation,
or
combination
thereof,
of
any
act,
transaction,
occurrence,
event,
or
communication
from
any
source,
and
in
the
regular
course
of
business
has
caused
any
or
all
of
the
same
to
be
recorded,
copied,
or
reproduced
by
any
photographic,
photostatic,
microfilm,
microcard,
miniature
photographic,
electronic
imaging,
electronic
data
processing,
or
other
process
which
accurately
reproduces
or
forms
a
durable
medium
for
accurately
and
legibly
reproducing
an
unaltered
image
or
reproduction
of
the
original,
the
original
may
be
destroyed.
Such
reproduction,
when
satisfactorily
identified,
Senate
File
514,
p.
531
is
as
admissible
in
evidence
as
the
original
itself
in
any
judicial
or
administrative
proceeding
whether
the
original
is
in
existence
or
not
and
an
enlargement
or
facsimile
of
such
reproduction
is
likewise
admissible
in
evidence
if
the
original
recording,
copy,
or
reproduction
is
in
existence
and
available
for
inspection.
The
introduction
of
a
reproduced
record,
enlargement,
or
facsimile,
does
not
preclude
admission
of
the
original.
2.
The
electronically
imaged,
copied,
or
otherwise
reproduced
record
or
document
maintained
or
received
by
the
unit
child
support
services
,
when
certified
over
the
signature
of
a
designated
employee
of
the
unit
child
support
services
,
shall
be
considered
to
be
satisfactorily
identified.
Certified
documents
are
deemed
to
have
been
imaged
or
copied
or
otherwise
reproduced
accurately
and
unaltered
in
the
regular
course
of
business,
and
such
documents
are
admissible
in
any
judicial
or
administrative
proceeding
as
evidence.
Additional
proof
of
the
official
character
of
the
person
certifying
the
record
or
authenticity
of
the
person’s
signature
shall
not
be
required.
Whenever
the
unit
child
support
services
or
an
employee
of
the
unit
child
support
services
is
served
with
a
summons,
subpoena,
subpoena
duces
tecum,
or
order
directing
production
of
such
records,
the
unit
child
support
services
or
the
employee
may
comply
by
transmitting
a
copy
of
the
record
certified
as
described
above
to
the
district
court.
Sec.
863.
Section
252B.20,
Code
2023,
is
amended
to
read
as
follows:
252B.20
Suspension
of
support
——
request
by
mutual
consent.
1.
If
the
unit
child
support
services
is
providing
child
support
enforcement
services
pursuant
to
this
chapter
,
the
parents
of
a
dependent
child
for
whom
support
has
been
ordered
pursuant
to
chapter
252A
,
252C
,
252F
,
598
,
600B
,
or
any
other
chapter,
may
jointly
request
the
assistance
of
the
unit
child
support
services
in
suspending
the
obligation
for
support
if
all
of
the
following
conditions
exist:
a.
The
parents
have
reconciled
and
are
cohabiting,
and
the
child
for
whom
support
is
ordered
is
living
in
the
same
residence
as
the
parents,
or
the
child
is
currently
residing
with
the
parent
who
is
ordered
to
pay
support.
If
the
basis
for
Senate
File
514,
p.
532
suspension
under
this
paragraph
applies
to
at
least
one
but
not
all
of
the
children
for
whom
support
is
ordered,
the
condition
of
this
paragraph
is
met
only
if
the
support
order
includes
a
step
change.
b.
The
child
for
whom
support
is
ordered
is
not
receiving
public
assistance
pursuant
to
chapter
239B
,
249A
,
or
a
comparable
law
of
another
state
or
foreign
country,
unless
the
person
against
whom
support
is
ordered
is
considered
to
be
a
member
of
the
same
household
as
the
child
for
the
purposes
of
public
assistance
eligibility.
c.
The
parents
have
signed
a
notarized
affidavit
attesting
to
the
conditions
under
paragraphs
“a”
and
“b”
,
have
consented
to
suspension
of
the
support
order
or
obligation,
and
have
submitted
the
affidavit
to
the
unit
child
support
services
.
d.
No
prior
request
for
suspension
has
been
filed
with
the
unit
child
support
services
under
this
section
and
no
prior
request
for
suspension
has
been
served
by
the
unit
child
support
services
under
section
252B.20A
during
the
two-year
period
preceding
the
request.
e.
Any
other
criteria
established
by
rule
of
the
department.
2.
Upon
receipt
of
the
application
for
suspension
and
properly
executed
and
notarized
affidavit,
the
unit
child
support
services
shall
review
the
application
and
affidavit
to
determine
that
the
necessary
criteria
have
been
met.
The
unit
Child
support
services
shall
then
do
one
of
the
following:
a.
Deny
the
request
and
notify
the
parents
in
writing
that
the
application
is
being
denied,
providing
reasons
for
the
denial
and
notifying
the
parents
of
the
right
to
proceed
through
private
counsel.
Denial
of
the
application
is
not
subject
to
contested
case
proceedings
or
further
review
pursuant
to
chapter
17A
.
b.
Approve
the
request
and
prepare
an
order
which
shall
be
submitted,
along
with
the
affidavit,
to
a
judge
of
a
district
court
for
approval,
suspending
the
accruing
support
obligation
and,
if
requested
by
the
obligee,
and
if
not
prohibited
by
chapter
252K
,
satisfying
the
obligation
of
support
due
the
obligee.
If
the
basis
for
suspension
applies
to
at
least
one
but
not
all
of
the
children
for
whom
support
is
ordered
and
the
support
order
includes
a
step
change,
the
unit
child
support
Senate
File
514,
p.
533
services
shall
prepare
an
order
suspending
the
accruing
support
obligation
for
each
child
to
whom
the
basis
for
suspension
applies.
3.
An
order
approved
by
the
court
for
suspension
of
an
accruing
support
obligation
is
effective
upon
the
date
of
filing
of
the
suspension
order.
The
satisfaction
of
an
obligation
of
support
due
the
obligee
shall
be
final
upon
the
filing
of
the
suspension
order.
A
support
obligation
which
is
satisfied
is
not
subject
to
the
reinstatement
provisions
of
this
section
.
4.
An
order
suspending
an
accruing
support
obligation
entered
by
the
court
pursuant
to
this
section
shall
be
considered
a
temporary
order
for
the
period
of
six
months
from
the
date
of
filing
of
the
suspension
order.
However,
the
six-month
period
shall
not
include
any
time
during
which
an
application
for
reinstatement
is
pending
before
the
court.
5.
During
the
six-month
period
the
unit
child
support
services
may
request
that
the
court
reinstate
the
accruing
support
order
or
obligation
if
any
of
the
following
conditions
exist:
a.
Upon
application
to
the
unit
child
support
services
by
either
parent
or
other
person
who
has
physical
custody
of
the
child.
b.
Upon
the
receipt
of
public
assistance
benefits,
pursuant
to
chapter
239B
,
249A
,
or
a
comparable
law
of
another
state
or
foreign
country,
by
the
person
entitled
to
receive
support
and
the
child
on
whose
behalf
support
is
paid,
provided
that
the
person
owing
the
support
is
not
considered
to
be
a
member
of
the
same
household
as
the
child
for
the
purposes
of
public
assistance
eligibility.
6.
If
a
condition
under
subsection
5
exists,
the
unit
child
support
services
may
request
that
the
court
reinstate
an
accruing
support
obligation
as
follows:
a.
If
the
basis
for
the
suspension
no
longer
applies
to
any
of
the
children
for
whom
an
accruing
support
obligation
was
suspended,
the
unit
child
support
services
shall
request
that
the
court
reinstate
the
accruing
support
obligations
for
all
of
the
children.
b.
If
the
basis
for
the
suspension
continues
to
apply
to
at
least
one
but
not
all
of
the
children
for
whom
an
accruing
Senate
File
514,
p.
534
support
obligation
was
suspended
and
if
the
support
order
includes
a
step
change,
the
unit
child
support
services
shall
request
that
the
court
reinstate
the
accruing
support
obligation
for
each
child
for
whom
the
basis
for
the
suspension
no
longer
applies.
7.
Upon
filing
of
an
application
for
reinstatement,
service
of
the
application
shall
be
made
either
in
person
or
by
first
class
mail
upon
both
parents.
Within
ten
days
following
the
date
of
service,
the
parents
may
file
a
written
objection
with
the
clerk
of
the
district
court
to
the
entry
of
an
order
for
reinstatement.
a.
If
no
objection
is
filed,
the
court
may
enter
an
order
reinstating
the
accruing
support
obligation
without
additional
notice.
b.
If
an
objection
is
filed,
the
clerk
of
court
shall
set
the
matter
for
hearing
and
send
notice
of
the
hearing
to
both
parents
and
the
unit
child
support
services
.
8.
The
reinstatement
is
effective
as
follows:
a.
For
reinstatements
initiated
under
subsection
5
,
paragraph
“a”
,
the
date
the
notices
were
served
on
both
parents
pursuant
to
subsection
7
.
b.
For
reinstatements
initiated
under
subsection
5
,
paragraph
“b”
,
the
date
the
child
began
receiving
public
assistance
benefits
during
the
suspension
of
the
obligation.
c.
Support
which
became
due
during
the
period
of
suspension
but
prior
to
the
reinstatement
is
waived
and
not
due
and
owing
unless
the
parties
requested
and
agreed
to
the
suspension
under
false
pretenses.
9.
If
the
order
suspending
a
support
obligation
has
been
on
file
with
the
court
for
a
period
exceeding
six
months
as
computed
pursuant
to
subsection
4
,
the
order
becomes
final
by
operation
of
law
and
terminates
the
support
obligation,
and
thereafter,
a
party
seeking
to
establish
a
support
obligation
against
either
party
shall
bring
a
new
action
for
support
as
provided
by
law.
10.
This
section
shall
not
limit
the
rights
of
the
parents
or
the
unit
child
support
services
to
proceed
by
other
means
to
suspend,
terminate,
modify,
reinstate,
or
establish
support.
11.
This
section
does
not
provide
for
the
suspension
or
Senate
File
514,
p.
535
retroactive
modification
of
support
obligations
which
accrued
prior
to
the
entry
of
an
order
suspending
enforcement
and
collection
of
support
pursuant
to
this
section
.
However,
if
in
the
application
for
suspension,
an
obligee
elects
to
satisfy
an
obligation
of
accrued
support
due
the
obligee,
the
suspension
order
may
satisfy
the
obligation
of
accrued
support
due
the
obligee.
12.
Nothing
in
this
section
shall
prohibit
or
limit
the
unit
child
support
services
or
a
party
entitled
to
receive
support
from
enforcing
and
collecting
any
unpaid
or
unsatisfied
support
that
accrued
prior
to
the
suspension
of
the
accruing
obligation.
13.
For
the
purposes
of
chapter
252H,
subchapter
II,
regarding
the
criteria
for
a
review
or
for
a
cost-of-living
alteration
under
chapter
252H,
subchapter
IV
,
if
a
support
obligation
is
terminated
or
reinstated
under
this
section
,
such
termination
or
reinstatement
shall
not
be
considered
a
modification
of
the
support
order.
14.
As
used
in
this
section
,
unless
the
context
otherwise
requires,
“step
change”
means
a
change
designated
in
a
support
order
specifying
the
amount
of
the
child
support
obligation
as
the
number
of
children
entitled
to
support
under
the
order
changes.
15.
As
specified
in
this
section
,
if
the
child
for
whom
support
is
ordered
is
not
receiving
public
assistance
pursuant
to
chapter
239B
,
249A
,
or
a
comparable
law
of
another
state
or
foreign
country,
upon
agreement
of
the
parents,
the
unit
child
support
services
may
facilitate
the
suspension
of
the
child
support
order
or
obligation
if
the
child
is
residing
with
a
caretaker,
who
is
a
natural
person,
and
who
has
not
requested
the
unit
child
support
services
to
provide
services
under
this
chapter
.
The
parents
and
the
caretaker
shall
sign
a
notarized
affidavit
attesting
to
the
conditions
under
this
section
,
consent
to
the
suspension
of
the
support
order
or
obligation,
and
submit
the
affidavit
to
the
unit
child
support
services
.
Upon
the
receipt
of
public
assistance
benefits
pursuant
to
chapter
239B
,
249A
,
or
a
comparable
law
of
another
state
or
foreign
country,
by
the
child
on
whose
behalf
support
is
ordered,
or
upon
application
to
the
unit
child
support
services
by
either
parent
or
the
caretaker,
the
unit
child
support
Senate
File
514,
p.
536
services
may,
within
the
time
periods
specified
in
this
section,
request
the
reinstatement
of
the
accruing
support
order
or
obligation
pursuant
to
this
section
.
16.
The
department
may
adopt
all
necessary
and
proper
rules
to
administer
and
interpret
this
section
.
Sec.
864.
Section
252B.20A,
Code
2023,
is
amended
to
read
as
follows:
252B.20A
Suspension
of
support
——
request
by
one
party.
1.
If
the
unit
child
support
services
is
providing
child
support
enforcement
services
pursuant
to
this
chapter
,
the
obligor
who
is
ordered
to
pay
support
for
the
dependent
child
pursuant
to
chapter
252A
,
252C
,
or
252F
,
may
request
the
assistance
of
the
unit
child
support
services
in
suspending
the
obligation
for
support
if
all
of
the
following
conditions
exist:
a.
The
child
is
currently
residing
with
the
obligor
and
has
been
for
more
than
sixty
consecutive
days.
If
the
basis
for
suspension
under
this
paragraph
applies
to
at
least
one
but
not
all
of
the
children
for
whom
support
is
ordered,
the
condition
of
this
paragraph
is
met
only
if
the
support
order
includes
a
step
change.
b.
There
is
no
order
in
effect
regarding
legal
custody,
physical
care,
visitation,
or
other
parenting
time
for
the
child.
c.
It
is
reasonably
expected
that
the
basis
for
suspension
under
this
section
will
continue
for
not
less
than
six
months.
d.
The
child
for
whom
support
is
ordered
is
not
receiving
public
assistance
pursuant
to
chapter
239B
,
249A
,
or
a
comparable
law
of
another
state
or
foreign
country,
unless
the
obligor
is
considered
to
be
a
member
of
the
same
household
as
the
child
for
the
purposes
of
public
assistance
eligibility.
e.
The
obligor
has
signed
a
notarized
affidavit,
provided
by
the
unit
child
support
services
,
attesting
to
the
existence
of
the
conditions
under
paragraphs
“a”
through
“d”
,
has
requested
suspension
of
the
support
order
or
obligation,
and
has
submitted
the
affidavit
to
the
unit
child
support
services
.
f.
No
prior
request
for
suspension
has
been
served
under
this
section
,
and
no
prior
request
for
suspension
has
been
filed
with
the
unit
child
support
services
pursuant
to
section
252B.20
,
during
the
two-year
period
preceding
the
request.
Senate
File
514,
p.
537
g.
Any
other
criteria
established
by
rule
of
the
department.
2.
Upon
receipt
of
the
application
for
suspension
and
properly
executed
and
notarized
affidavit,
the
unit
child
support
services
shall
review
the
application
and
affidavit
to
determine
that
the
criteria
have
been
met.
The
unit
Child
support
services
shall
then
do
one
of
the
following:
a.
If
the
unit
child
support
services
determines
the
criteria
have
not
been
met,
deny
the
request
and
notify
the
obligor
in
writing
that
the
application
is
being
denied,
providing
reasons
for
the
denial
and
notifying
the
obligor
of
the
right
to
proceed
through
private
counsel.
Denial
of
the
application
is
not
subject
to
contested
case
proceedings
or
further
review
pursuant
to
chapter
17A
.
b.
If
the
unit
child
support
services
determines
the
criteria
have
been
met,
serve
a
copy
of
the
notice
and
supporting
documents
on
the
obligee
by
any
means
provided
in
section
252B.26
.
The
notice
to
the
obligee
shall
include
all
of
the
following:
(1)
Information
sufficient
to
identify
the
parties
and
the
support
order
affected.
(2)
An
explanation
of
the
procedure
for
suspension
and
reinstatement
of
support
under
this
section
.
(3)
An
explanation
of
the
rights
and
responsibilities
of
the
obligee,
including
the
applicable
procedural
time
frames.
(4)
A
statement
that
within
twenty
days
of
service,
the
obligee
must
submit
a
signed
and
notarized
response
to
the
unit
child
support
services
objecting
to
at
least
one
of
the
assertions
in
subsection
1
,
paragraphs
“a”
through
“d”
.
The
statement
shall
inform
the
obligee
that
if,
within
twenty
days
of
service,
the
obligee
fails
to
submit
a
response
as
specified
in
this
subparagraph,
notwithstanding
rules
of
civil
procedure
1.972(2)
and
1.972(3),
the
unit
child
support
services
will
prepare
and
submit
an
order
as
provided
in
subsection
3
,
paragraph
“b”
.
3.
No
sooner
than
thirty
days
after
service
on
the
obligee
under
subsection
2
,
paragraph
“b”
,
the
unit
child
support
services
shall
do
one
of
the
following:
a.
If
the
obligee
submits
a
signed
and
notarized
objection
to
any
assertion
in
subsection
1
,
paragraphs
“a”
through
“d”
,
Senate
File
514,
p.
538
deny
the
request
and
notify
the
parties
in
writing
that
the
application
is
denied,
providing
reasons
for
the
denial,
and
notifying
the
parties
of
the
right
to
proceed
through
private
counsel.
Denial
of
the
application
is
not
subject
to
contested
case
proceedings
or
further
review
pursuant
to
chapter
17A
.
b.
If
the
obligee
does
not
timely
submit
a
signed
and
notarized
objection
to
the
unit
child
support
services
,
prepare
an
order
which
shall
be
submitted,
along
with
supporting
documents,
to
a
judge
of
a
district
court
for
approval,
suspending
the
accruing
support
obligation.
If
the
basis
for
suspension
applies
to
at
least
one
but
not
all
of
the
children
for
whom
support
is
ordered
and
the
support
order
includes
a
step
change,
the
unit
child
support
services
shall
prepare
an
order
suspending
the
accruing
support
obligation
for
each
child
to
whom
the
basis
for
suspension
applies.
4.
An
order
approved
by
the
court
for
suspension
of
an
accruing
support
obligation
is
effective
upon
the
date
of
filing
of
the
suspension
order.
5.
An
order
suspending
an
accruing
support
obligation
entered
by
the
court
pursuant
to
this
section
shall
be
considered
a
temporary
order
for
the
period
of
six
months
from
the
date
of
filing
of
the
suspension
order.
However,
the
six-month
period
shall
not
include
any
time
during
which
an
application
for
reinstatement
is
pending
before
the
court.
6.
During
the
six-month
period,
the
unit
child
support
services
may
request
that
the
court
reinstate
the
accruing
support
order
or
obligation
if
any
of
the
following
conditions
exist:
a.
Upon
application
to
the
unit
child
support
services
by
either
party
or
other
person
who
has
physical
custody
of
the
child.
b.
Upon
the
receipt
of
public
assistance
benefits
pursuant
to
chapter
239B
,
249A
,
or
a
comparable
law
of
another
state
or
foreign
country,
by
the
person
entitled
to
receive
support
and
the
child
on
whose
behalf
support
is
paid,
provided
that
the
person
owing
the
support
is
not
considered
to
be
a
member
of
the
same
household
as
the
child
for
the
purposes
of
public
assistance
eligibility.
7.
If
a
condition
under
subsection
6
exists,
the
unit
Senate
File
514,
p.
539
child
support
services
may
request
that
the
court
reinstate
an
accruing
support
obligation
as
follows:
a.
If
the
basis
for
the
suspension
no
longer
applies
to
any
of
the
children
for
whom
an
accruing
support
obligation
was
suspended,
the
unit
child
support
services
shall
request
that
the
court
reinstate
the
accruing
support
obligations
for
all
of
the
children.
b.
If
the
basis
for
the
suspension
continues
to
apply
to
at
least
one
but
not
all
of
the
children
for
whom
an
accruing
support
obligation
was
suspended
and
if
the
support
order
includes
a
step
change,
the
unit
child
support
services
shall
request
that
the
court
reinstate
the
accruing
support
obligation
for
each
child
for
whom
the
basis
for
the
suspension
no
longer
applies.
8.
Upon
filing
of
an
application
for
reinstatement,
service
of
the
application
shall
be
made
either
in
person
or
by
first
class
mail
upon
the
parties.
Within
ten
days
following
the
date
of
service,
a
party
may
file
a
written
objection
with
the
clerk
of
the
district
court
to
the
entry
of
an
order
for
reinstatement.
a.
If
no
objection
is
filed,
the
court
may
enter
an
order
reinstating
the
accruing
support
obligation
without
additional
notice.
b.
If
an
objection
is
filed,
the
clerk
of
court
shall
set
the
matter
for
hearing
and
send
notice
of
the
hearing
to
the
parties
and
the
unit
child
support
services
.
9.
a.
The
reinstatement
is
effective
as
follows:
(1)
For
reinstatements
initiated
under
subsection
6
,
paragraph
“a”
,
the
date
the
notices
were
served
on
the
parties
pursuant
to
subsection
8
.
(2)
For
reinstatements
initiated
under
subsection
6
,
paragraph
“b”
,
the
date
the
child
began
receiving
public
assistance
benefits
during
the
suspension
of
the
obligation.
b.
Support
which
became
due
during
the
period
of
suspension
but
prior
to
the
reinstatement
is
waived
and
not
due
and
owing
unless
the
suspension
was
made
under
false
pretenses.
10.
If
the
order
suspending
a
support
obligation
has
been
on
file
with
the
court
for
a
period
exceeding
six
months
as
computed
pursuant
to
subsection
5
,
the
order
becomes
final
by
Senate
File
514,
p.
540
operation
of
law
and
terminates
the
support
obligation,
and
thereafter,
a
party
seeking
to
establish
a
support
obligation
against
either
party
shall
bring
a
new
action
for
support
as
provided
by
law.
11.
Legal
representation
of
the
unit
child
support
services
shall
be
provided
pursuant
to
section
252B.7,
subsection
4
.
12.
This
section
shall
not
limit
the
rights
of
a
party
or
the
unit
child
support
services
to
proceed
by
other
means
to
suspend,
terminate,
modify,
reinstate,
or
establish
support.
13.
This
section
does
not
provide
for
the
suspension
or
retroactive
modification
of
support
obligations
which
accrued
prior
to
the
entry
of
an
order
suspending
enforcement
and
collection
of
support
pursuant
to
this
section
.
14.
Nothing
in
this
section
shall
prohibit
or
limit
the
unit
child
support
services
or
a
party
entitled
to
receive
support
from
enforcing
and
collecting
any
unpaid
or
unsatisfied
support
that
accrued
prior
to
the
suspension
of
the
accruing
obligation.
15.
For
the
purposes
of
chapter
252H
regarding
the
criteria
for
a
review
under
subchapter
II
of
that
chapter
or
for
a
cost-of-living
alteration
under
subchapter
IV
of
that
chapter,
if
a
support
obligation
is
terminated
or
reinstated
under
this
section
,
such
termination
or
reinstatement
shall
not
be
considered
a
modification
of
the
support
order.
16.
As
used
in
this
section
,
unless
the
context
otherwise
requires,
“step
change”
means
a
change
designated
in
a
support
order
specifying
the
amount
of
the
child
support
obligation
as
the
number
of
children
entitled
to
support
under
the
order
changes.
17.
As
specified
in
this
section
,
if
the
child
for
whom
support
is
ordered
is
not
receiving
public
assistance
pursuant
to
chapter
239B
,
249A
,
or
a
comparable
law
of
another
state
or
foreign
country,
upon
request
by
the
obligor,
the
unit
child
support
services
may
facilitate
the
suspension
of
the
child
support
order
or
obligation
if
the
child
is
residing
with
a
caretaker,
who
is
a
natural
person,
and
who
has
not
requested
the
unit
child
support
services
to
provide
services
under
this
chapter
.
The
obligor
and
the
caretaker
shall
sign
a
notarized
affidavit
attesting
to
the
conditions
under
this
section
,
consent
to
the
suspension
of
the
support
order
or
obligation,
Senate
File
514,
p.
541
and
submit
the
affidavit
to
the
unit
child
support
services
.
Upon
the
receipt
of
public
assistance
benefits
pursuant
to
chapter
239B
,
249A
,
or
a
comparable
law
of
another
state
or
foreign
country,
by
the
child
on
whose
behalf
support
is
ordered,
or
upon
application
to
the
unit
child
support
services
by
either
party
or
the
caretaker,
the
unit
child
support
services
may,
within
the
time
periods
specified
in
this
section
,
request
the
reinstatement
of
the
accruing
support
order
or
obligation
pursuant
to
this
section
.
18.
The
department
may
adopt
all
necessary
and
proper
rules
to
administer
and
interpret
this
section
.
Sec.
865.
Section
252B.21,
Code
2023,
is
amended
to
read
as
follows:
252B.21
Administrative
seek
employment
orders.
1.
For
any
support
order
being
enforced
by
the
unit
child
support
services
,
the
unit
child
support
services
may
enter
an
ex
parte
order
requiring
the
obligor
to
seek
employment
if
employment
of
the
obligor
cannot
be
verified
and
if
the
obligor
has
failed
to
make
support
payments.
Advance
notice
is
not
required
prior
to
entering
the
ex
parte
order.
The
order
shall
be
served
upon
the
obligor
by
regular
mail,
with
proof
of
service
completed
as
provided
in
rule
of
civil
procedure
1.442.
The
unit
Child
support
services
shall
file
a
copy
of
the
order
with
the
clerk
of
the
district
court.
2.
The
order
to
seek
employment
shall
contain
directives,
including
all
of
the
following:
a.
That
the
obligor
seek
employment
within
a
determinate
amount
of
time.
b.
That
the
obligor
file
with
the
unit
child
support
services
on
a
weekly
basis
a
report
of
at
least
five
new
attempts
to
find
employment
or
of
having
found
employment.
The
report
shall
include
the
names,
addresses,
and
the
telephone
numbers
of
any
employers
or
businesses
with
whom
the
obligor
attempted
to
seek
employment
and
the
name
of
the
individual
contact
to
whom
the
obligor
made
application
for
employment
or
to
whom
an
inquiry
was
directed.
c.
That
failure
to
comply
with
the
notice
is
evidence
of
a
willful
failure
to
pay
support
under
section
598.23A
.
d.
That
the
obligor
shall
provide
the
child
support
recovery
Senate
File
514,
p.
542
unit
services
with
verification
of
any
reason
for
noncompliance
with
the
order.
e.
The
duration
of
the
order,
not
to
exceed
three
months.
3.
The
department
may
establish
additional
criteria
or
requirements
relating
to
seek
employment
orders
by
rule
as
necessary
to
implement
this
section
.
Sec.
866.
Section
252B.22,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
child
Child
support
recovery
unit
services
created
in
this
chapter
shall
establish
a
task
force
to
assist
in
the
development
and
implementation
of
all
of
the
following:
Sec.
867.
Section
252B.23,
Code
2023,
is
amended
to
read
as
follows:
252B.23
Surcharge.
1.
A
surcharge
shall
be
due
and
payable
by
the
obligor
on
a
support
arrearage
identified
as
difficult
to
collect
and
referred
by
the
unit
child
support
services
on
or
after
January
1,
1998,
to
a
collection
entity
under
contract
with
the
unit
child
support
services
or
other
state
entity.
The
amount
of
the
surcharge
shall
be
a
percent
of
the
amount
of
the
support
arrearage
referred
to
the
collection
entity
and
shall
be
specified
in
the
contract
with
the
collection
entity.
For
the
purpose
of
this
chapter
,
a
“collection
entity”
includes
but
is
not
limited
to
a
state
agency,
including
the
central
collection
unit
of
the
department
of
revenue,
or
a
private
collection
agency.
Use
of
a
collection
entity
is
in
addition
to
any
other
legal
means
by
which
support
payments
may
be
collected.
The
unit
Child
support
services
shall
continue
to
use
other
enforcement
actions,
as
appropriate.
2.
a.
Notice
that
a
surcharge
may
be
assessed
on
a
support
arrearage
referred
to
a
collection
entity
pursuant
to
this
section
shall
be
provided
to
an
obligor
in
accordance
with
one
of
the
following
as
applicable:
(1)
In
the
order
establishing
or
modifying
the
support
obligation.
The
unit
Child
support
services
or
the
district
court
shall
include
notice
in
any
new
or
modified
support
order
issued
on
or
after
July
1,
1997.
(2)
Through
notice
sent
by
the
unit
child
support
services
by
regular
mail
to
the
last
known
address
of
the
support
Senate
File
514,
p.
543
obligor.
b.
The
notice
shall
also
advise
that
any
appropriate
information
may
be
provided
to
a
collection
entity
for
purposes
of
administering
and
enforcing
the
surcharge.
3.
Arrearages
submitted
for
referral
and
surcharge
pursuant
to
this
section
shall
meet
all
of
the
following
criteria:
a.
The
arrearages
owed
shall
be
based
on
a
court
or
administrative
order
which
establishes
the
support
obligation.
b.
The
arrearage
is
due
for
a
case
in
which
the
unit
child
support
services
is
providing
services
pursuant
to
this
chapter
and
one
for
which
the
arrearage
has
been
identified
as
difficult
to
collect
by
the
unit
child
support
services
.
c.
The
obligor
was
provided
notice
pursuant
to
subsection
2
at
least
fifteen
days
prior
to
sending
the
notice
of
referral
pursuant
to
subsection
4
.
4.
The
unit
Child
support
services
shall
send
notice
of
referral
to
the
obligor
by
regular
mail
to
the
obligor’s
last
known
address,
with
proof
of
service
completed
according
to
rule
of
civil
procedure
1.442,
at
least
thirty
days
prior
to
the
date
the
arrearage
is
referred
to
the
collection
entity.
The
notice
shall
inform
the
obligor
of
all
of
the
following:
a.
The
arrearage
will
be
referred
to
a
collection
entity.
b.
Upon
referral,
a
surcharge
is
due
and
payable
by
the
obligor.
c.
The
amount
of
the
surcharge.
d.
That
the
obligor
may
avoid
referral
by
paying
the
amount
of
the
arrearage
to
the
collection
services
center
within
twenty
days
of
the
date
of
notice
of
referral.
e.
That
the
obligor
may
contest
the
referral
by
submitting
a
written
request
for
review
of
the
unit
child
support
services
.
The
request
shall
be
received
by
the
unit
child
support
services
within
twenty
days
of
the
date
of
the
notice
of
referral.
f.
The
right
to
contest
the
referral
is
limited
to
a
mistake
of
fact,
which
includes
a
mistake
in
the
identity
of
the
obligor,
a
mistake
as
to
fulfillment
of
the
requirements
for
referral
under
this
subsection
,
or
a
mistake
in
the
amount
of
the
arrearages.
g.
The
unit
Child
support
services
shall
issue
a
written
decision
following
a
requested
review.
Senate
File
514,
p.
544
h.
Following
the
issuance
of
a
written
decision
by
the
unit
child
support
services
denying
that
a
mistake
of
fact
exists,
the
obligor
may
request
a
hearing
to
challenge
the
surcharge
by
sending
a
written
request
for
a
hearing
to
the
office
of
the
unit
which
issued
the
decision
child
support
services
.
The
request
shall
be
received
by
the
office
of
the
unit
which
issued
the
decision
child
support
services
within
ten
days
of
the
unit’s
child
support
services’
written
decision.
The
only
grounds
for
a
hearing
shall
be
mistake
of
fact.
Following
receipt
of
the
written
request,
the
unit
which
receives
the
request
child
support
services
shall
certify
the
matter
for
hearing
in
the
district
court
in
the
county
in
which
the
underlying
support
order
is
filed.
i.
The
address
of
the
collection
services
center
for
payment
of
the
arrearages.
5.
If
the
obligor
pays
the
amount
of
arrearage
within
twenty
days
of
the
date
of
the
notice
of
referral,
referral
of
the
arrearage
to
a
collection
entity
shall
not
be
made.
6.
If
the
obligor
requests
a
review
or
court
hearing
pursuant
to
this
section
,
referral
of
the
arrearages
shall
be
stayed
pending
the
decision
of
the
unit
child
support
services
or
the
court.
7.
Actions
of
the
unit
child
support
services
under
this
section
shall
not
be
subject
to
contested
case
proceedings
or
further
review
pursuant
to
chapter
17A
and
any
resulting
court
hearing
shall
be
an
original
hearing
before
the
district
court.
However,
the
department
shall
establish,
by
rule
pursuant
to
chapter
17A
,
an
internal
process
to
provide
an
additional
review
by
the
administrator
of
the
child
support
recovery
unit
director
or
the
administrator’s
director’s
designee.
8.
If
an
obligor
does
not
pay
the
amount
of
the
arrearage,
does
not
contest
the
referral,
or
if
following
the
unit’s
child
support
services’
review
and
any
court
hearing
the
unit
child
support
services
or
the
court
does
not
find
a
mistake
of
fact,
the
arrearages
shall
be
referred
to
a
collection
entity.
Following
the
review
or
hearing,
if
the
unit
child
support
services
or
the
court
finds
a
mistake
in
the
amount
of
the
arrearage,
the
arrearages
shall
be
referred
to
the
collection
entity
in
the
appropriate
arrearage
amount.
For
Senate
File
514,
p.
545
arrearages
referred
to
a
collection
entity,
the
obligor
shall
pay
a
surcharge
equal
to
a
percent
of
the
amount
of
the
support
arrearage
due
as
of
the
date
of
the
referral.
The
surcharge
is
in
addition
to
the
arrearages
and
any
other
fees
or
charges
owed,
and
shall
be
enforced
by
the
collection
entity
as
provided
under
section
252B.5
.
Upon
referral
to
the
collection
entity,
the
surcharge
is
an
automatic
judgment
against
the
obligor.
9.
The
director
or
the
director’s
designee
may
file
a
notice
of
the
surcharge
with
the
clerk
of
the
district
court
in
the
county
in
which
the
underlying
support
order
is
filed.
Upon
filing,
the
clerk
shall
enter
the
amount
of
the
surcharge
on
the
lien
index
and
judgment
docket.
10.
Following
referral
of
a
support
arrearage
to
a
collection
entity,
the
surcharge
shall
be
due
and
owing
and
enforceable
by
a
collection
entity
or
the
unit
child
support
services
notwithstanding
satisfaction
of
the
support
obligation
or
whether
the
collection
entity
is
enforcing
a
support
arrearage.
However,
the
unit
child
support
services
may
waive
payment
of
all
or
a
portion
of
the
surcharge
if
waiver
will
facilitate
the
collection
of
the
support
arrearage.
11.
All
surcharge
payments
shall
be
received
and
disbursed
by
the
collection
services
center.
The
surcharge
payments
received
by
the
collection
services
center
shall
be
considered
repayment
receipts
as
defined
in
section
8.2
and
shall
be
used
to
pay
the
costs
of
any
contracts
with
a
collection
entity.
12.
a.
A
payment
received
by
the
collection
services
center
which
meets
all
the
following
conditions
shall
be
allocated
as
specified
in
paragraph
“b”
:
(1)
The
payment
is
for
a
case
in
which
arrearages
have
been
referred
to
a
collection
entity.
(2)
A
surcharge
is
assessed
on
the
arrearages.
(3)
The
payment
is
collected
under
the
provisions
of
the
contract
with
the
collection
entity.
b.
A
payment
meeting
all
of
the
conditions
in
paragraph
“a”
shall
be
allocated
between
support
and
costs
and
fees,
and
the
surcharge
according
to
the
following
formula:
(1)
The
payment
shall
be
divided
by
the
sum
of
one
hundred
percent
plus
the
percent
specified
in
the
contract.
(2)
The
quotient
shall
be
the
amount
allocated
to
the
Senate
File
514,
p.
546
support
arrearage
and
other
fees
and
costs.
(3)
The
difference
between
the
dividend
and
the
quotient
shall
be
the
amount
allocated
to
the
surcharge.
13.
Any
computer
or
software
programs
developed
and
any
records
used
in
relation
to
a
contract
with
a
collection
entity
remain
the
property
of
the
department.
Sec.
868.
Section
252B.24,
Code
2023,
is
amended
to
read
as
follows:
252B.24
State
case
registry.
1.
Beginning
October
1,
1998,
the
unit
Child
support
services
shall
operate
a
state
case
registry
to
the
extent
determined
by
applicable
time
frames
and
other
provisions
of
42
U.S.C.
§654a(e)
and
this
section
.
The
unit
Child
support
services
and
the
judicial
branch
shall
enter
into
a
cooperative
agreement
for
the
establishment
and
operation
of
the
registry
by
the
unit
child
support
services
.
The
state
case
registry
shall
include
records
with
respect
to
all
of
the
following:
a.
Unless
prohibited
by
federal
law,
each
case
for
which
services
are
provided
under
this
chapter
.
b.
Each
order
for
support,
as
defined
in
section
252D.16
or
598.1
,
which
meets
at
least
one
of
the
following
criteria:
(1)
The
support
order
is
established
or
modified
in
this
state
on
or
after
October
1,
1998.
(2)
The
income
of
the
obligor
is
subject
to
income
withholding
under
chapter
252D
,
including
any
support
order
for
which
the
district
court
enters
an
ex
parte
order
under
chapter
252D
on
or
after
October
1,
1998.
2.
The
clerk
of
the
district
court
shall
provide
the
unit
child
support
services
with
any
information,
orders,
or
documents
requested
by
the
unit
child
support
services
to
establish
or
operate
the
state
case
registry,
which
are
specified
in
the
agreement
described
in
subsection
1
,
within
the
time
frames
specified
in
that
agreement.
The
agreement
shall
include
but
is
not
limited
to
provisions
to
provide
for
all
of
the
following:
a.
Provision
to
the
unit
child
support
services
of
information,
orders,
and
documents
necessary
for
the
unit
child
support
services
to
meet
requirements
described
in
42
U.S.C.
§654a(e)
and
this
section
.
Senate
File
514,
p.
547
b.
Provision
to
the
unit
child
support
services
of
information
filed
with
the
clerk
of
the
district
court
by
a
party
under
section
598.22B
,
and
the
social
security
number
of
a
child
filed
with
the
clerk
of
the
district
court
under
section
602.6111
.
c.
Use
of
automation,
as
appropriate,
to
meet
the
requirements
described
in
42
U.S.C.
§654a(e)
and
this
section
.
3.
The
records
of
the
state
case
registry
are
confidential
records
pursuant
to
chapter
22
and
may
only
be
disclosed
or
used
as
provided
in
section
252B.9
.
Sec.
869.
Section
252B.25,
Code
2023,
is
amended
to
read
as
follows:
252B.25
Contempt
——
combining
actions.
Notwithstanding
any
provision
of
law
to
the
contrary,
if
an
obligor
has
been
ordered
to
provide
support
in
more
than
one
order,
the
unit
child
support
services
may
bring
a
single
action
for
contempt
to
enforce
the
multiple
orders.
However,
if
the
obligor
objects
to
the
consolidation
of
the
actions
regarding
multiple
orders
into
a
single
action
for
contempt,
and
the
court
determines
that
severance
of
the
single
action
into
multiple
actions
is
in
the
interest
of
justice,
the
unit
child
support
services
shall
bring
multiple
actions
for
contempt
to
enforce
the
multiple
orders.
If
the
single
action
is
brought
and
the
obligor
does
not
object,
the
unit
child
support
services
shall
file
the
action
in
the
district
court
of
a
county
where
the
obligor
resides,
or
if
the
obligor
does
not
reside
in
the
state,
in
the
district
court
of
the
county
where
at
least
one
of
the
support
orders
was
entered
or
registered.
For
the
purposes
of
this
section
,
the
district
court
where
the
unit
child
support
services
files
the
action
shall
have
jurisdiction
and
authority
over
all
other
support
orders
for
the
obligor
entered
or
registered
by
a
court
of
this
state
and
affected
under
this
section
.
In
such
case,
the
unit
child
support
services
shall
also
file
a
document
with
the
clerk
of
court
in
each
county
affected
specifying
the
county
where
the
action
under
this
section
was
filed
and
the
disposition
of
the
action.
Sec.
870.
Section
252B.26,
Code
2023,
is
amended
to
read
as
follows:
252B.26
Service
of
process.
Senate
File
514,
p.
548
Notwithstanding
any
provision
of
law
to
the
contrary,
the
unit
child
support
services
may
serve
a
petition,
notice,
or
rule
to
show
cause
under
this
chapter
or
chapter
252A
,
252C
,
252F
,
252H
,
252K
,
598
,
or
665
as
specified
in
each
chapter,
or
as
follows:
1.
The
unit
Child
support
services
may
serve
a
petition,
notice,
or
rule
to
show
cause
by
certified
mail.
Return
acknowledgment
is
required
to
prove
service
by
certified
mail,
rules
of
civil
procedure
1.303(5)
and
1.308(5)
shall
not
apply,
and
the
return
acknowledgment
shall
be
filed
with
the
clerk
of
court.
2.
The
unit
Child
support
services
may
serve
a
notice
of
intent
under
chapter
252H
,
or
a
notice
of
decision
under
section
252H.14A
,
upon
any
party
or
parent
who
is
receiving
family
investment
program
assistance
for
the
parent
or
child
by
sending
the
notice
by
regular
mail
to
the
address
maintained
by
the
department.
Rules
of
civil
procedure
1.303(5)
and
1.308(5)
shall
not
apply
and
the
unit
child
support
services
shall
file
proof
of
service
as
provided
in
chapter
252H
.
If
the
notice
is
determined
to
be
undeliverable,
the
unit
child
support
services
shall
serve
the
notice
as
otherwise
provided
in
this
section
or
by
personal
service.
Sec.
871.
Section
252B.27,
Code
2023,
is
amended
to
read
as
follows:
252B.27
Use
of
funding
for
additional
positions.
1.
The
director,
within
the
limitations
of
the
amount
appropriated
for
the
unit
child
support
services
,
or
moneys
transferred
for
this
purpose
from
the
family
investment
program
account
created
in
section
239B.11
,
may
establish
new
positions
and
add
employees
to
the
unit
child
support
services
if
the
director
determines
that
both
the
current
and
additional
employees
together
can
reasonably
be
expected
to
maintain
or
increase
net
state
revenue
at
or
beyond
the
budgeted
level
for
the
fiscal
year.
2.
a.
The
director
may
establish
new
positions
and
add
state
employees
to
the
unit
child
support
services
or
contract
for
delivery
of
services
if
the
director
determines
the
employees
are
necessary
to
replace
county-funded
positions
eliminated
due
to
termination,
reduction,
or
nonrenewal
of
a
Senate
File
514,
p.
549
chapter
28E
contract.
However,
the
director
must
also
determine
that
the
resulting
increase
in
the
state
share
of
child
support
recovery
services
incentives
exceeds
the
cost
of
the
positions
or
contract,
the
positions
or
contract
are
necessary
to
ensure
continued
federal
funding
of
the
unit
child
support
services
,
or
the
new
positions
or
contract
can
reasonably
be
expected
to
recover
at
least
twice
the
amount
of
money
necessary
to
pay
the
salaries
and
support
for
the
new
positions
or
the
contract
will
generate
at
least
two
hundred
percent
of
the
cost
of
the
contract.
b.
Employees
in
full-time
positions
that
transition
from
county
government
to
state
government
employment
under
this
subsection
are
exempt
from
testing,
selection,
and
appointment
provisions
of
chapter
8A,
subchapter
IV
,
and
from
the
provisions
of
collective
bargaining
agreements
relating
to
the
filling
of
vacant
positions.
Sec.
872.
Section
252C.1,
Code
2023,
is
amended
to
read
as
follows:
252C.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Administrator”
means
the
administrator
of
the
child
support
recovery
unit
of
the
department
of
human
services,
or
the
administrator’s
designee.
2.
1.
“Caretaker”
means
a
parent,
relative,
guardian,
or
another
person
who
is
responsible
for
paying
foster
care
costs
pursuant
to
chapter
234
or
whose
needs
are
included
in
an
assistance
payment
made
pursuant
to
chapter
239B
.
2.
“Child
support
services”
means
child
support
services
created
in
section
252B.2.
3.
“Court
order”
means
a
judgment
or
order
requiring
the
payment
of
a
set
or
determinable
amount
of
monetary
support.
For
orders
entered
on
or
after
July
1,
1990,
unless
the
court
specifically
orders
otherwise,
medical
support,
as
defined
in
section
252E.1
,
is
not
included
in
the
amount
of
monetary
support.
4.
“Department”
means
the
department
of
health
and
human
services.
5.
“Dependent
child”
means
a
person
who
meets
the
Senate
File
514,
p.
550
eligibility
criteria
established
in
chapter
234
or
239B
and
whose
support
is
required
by
chapter
234
,
239B
,
252A
,
252F
,
598
,
or
600B
.
6.
“Director”
means
the
director
of
health
and
human
services.
6.
7.
“Medical
support”
means
medical
support
as
defined
in
section
252E.1
.
7.
8.
“Public
assistance”
means
foster
care
costs
paid
by
the
department
pursuant
to
chapter
234
or
assistance
provided
pursuant
to
chapter
239B
.
8.
9.
“Responsible
person”
means
a
parent,
relative,
guardian,
or
another
person
legally
liable
for
the
support
of
a
child
or
a
child’s
caretaker.
Sec.
873.
Section
252C.2,
Code
2023,
is
amended
to
read
as
follows:
252C.2
Assignment
——
creation
of
support
debt
——
subrogation.
1.
If
public
assistance
is
provided
by
the
department
to
or
on
behalf
of
a
dependent
child
or
a
dependent
child’s
caretaker,
there
is
an
assignment
by
operation
of
law
to
the
department
of
any
and
all
right
in,
title
to,
and
interest
in
any
support
obligation,
payment,
and
arrearages
owed
to
or
for
the
child
or
caretaker
up
to
the
amount
of
public
assistance
paid
for
or
on
behalf
of
the
child
or
caretaker.
Unless
otherwise
specified
in
the
order,
an
equal
and
proportionate
share
of
any
child
support
awarded
is
presumed
to
be
payable
on
behalf
of
each
child
subject
to
the
order
or
judgment
for
purposes
of
an
assignment
under
this
section
.
For
family
investment
program
assistance,
section
239B.6
shall
apply.
2.
The
payment
of
public
assistance
to
or
for
the
benefit
of
a
dependent
child
or
a
dependent
child’s
caretaker
creates
a
support
debt
due
and
owing
to
the
department
by
the
responsible
person
in
an
amount
equal
to
the
public
assistance
payment,
except
that
the
support
debt
is
limited
to
the
amount
of
a
support
obligation
established
by
court
order
or
by
the
administrator
department
.
The
administrator
department
may
establish
a
support
debt
as
to
amounts
accrued
and
accruing
pursuant
to
section
598.21B
.
However,
when
establishing
a
support
obligation
against
a
responsible
person,
no
debt
shall
be
created
for
the
period
during
which
the
responsible
person
Senate
File
514,
p.
551
is
a
recipient
on
the
person’s
own
behalf
of
public
assistance
for
the
benefit
of
the
dependent
child
or
the
dependent
child’s
caretaker,
if
any
of
the
following
conditions
exist:
a.
The
parents
have
reconciled
and
are
cohabiting,
and
the
child
for
whom
support
would
otherwise
be
sought
is
living
in
the
same
residence
as
the
parents.
b.
The
child
is
living
with
the
parent
from
whom
support
would
otherwise
be
sought.
3.
The
provision
of
child
support
collection
or
paternity
determination
services
under
chapter
252B
to
an
individual,
even
though
the
individual
is
ineligible
for
public
assistance,
creates
a
support
debt
due
and
owing
to
the
individual
or
the
individual’s
child
or
ward
by
the
responsible
person
in
the
amount
of
a
support
obligation
established
by
court
order
or
by
the
administrator
department
.
The
administrator
department
may
establish
a
support
debt
in
favor
of
the
individual
or
the
individual’s
child
or
ward
and
against
the
responsible
person,
both
as
to
amounts
accrued
and
accruing,
pursuant
to
section
598.21B
.
4.
The
payment
of
medical
assistance
pursuant
to
chapter
249A
for
the
benefit
of
a
dependent
child
or
a
dependent
child’s
caretaker
creates
a
support
debt
due
and
owing
to
the
department.
The
administrator
department
may
establish
an
order
for
medical
support.
5.
The
department
is
subrogated
to
the
rights
of
a
dependent
child
or
a
dependent
child’s
caretaker
to
bring
a
court
action
or
to
execute
an
administrative
remedy
for
the
collection
of
support.
The
administrator
department
may
petition
an
appropriate
court
for
modification
of
a
court
order
on
the
same
grounds
as
a
party
to
the
court
order
can
petition
the
court
for
modification.
Sec.
874.
Section
252C.3,
Code
2023,
is
amended
to
read
as
follows:
252C.3
Notice
of
support
debt
——
failure
to
respond
——
hearing
——
order.
1.
The
administrator
department
may
issue
a
notice
stating
the
intent
to
secure
an
order
for
either
medical
support
as
provided
in
chapter
252E
or
payment
of
an
accrued
or
accruing
support
debt
due
and
owed
to
the
department
or
an
individual
Senate
File
514,
p.
552
under
section
252C.2
,
or
both.
The
notice
shall
be
served
upon
the
responsible
person
in
accordance
with
the
rules
of
civil
procedure.
The
notice
shall
include
all
of
the
following:
a.
A
statement
that
the
support
obligation
will
be
set
pursuant
to
the
child
support
guidelines
established
pursuant
to
section
598.21B
,
and
the
criteria
established
pursuant
to
section
252B.7A
,
and
that
the
responsible
person
is
required
to
provide
medical
support
in
accordance
with
chapter
252E
.
b.
The
name
of
a
public
assistance
recipient
and
the
name
of
the
dependent
child
or
caretaker
for
whom
the
public
assistance
is
paid.
c.
(1)
A
statement
that
if
the
responsible
person
desires
to
discuss
the
amount
of
support
that
a
responsible
person
should
be
required
to
pay,
the
responsible
person
may,
within
ten
days
after
being
served,
contact
the
office
of
the
child
support
recovery
unit
which
sent
the
notice
services
and
request
a
negotiation
conference.
(2)
A
statement
that
if
a
negotiation
conference
is
requested,
then
the
responsible
person
shall
have
ten
days
from
the
date
set
for
the
negotiation
conference
or
thirty
days
from
the
date
of
service
of
the
original
notice,
whichever
is
later,
to
send
a
request
for
a
hearing
to
the
office
of
the
child
support
recovery
unit
which
issued
the
notice
services
.
(3)
A
statement
that
after
the
holding
of
the
negotiation
conference,
the
administrator
department
may
issue
a
new
notice
and
finding
of
financial
responsibility
for
child
support
or
medical
support,
or
both,
to
be
sent
to
the
responsible
person
by
regular
mail
addressed
to
the
responsible
person’s
last
known
address,
or
if
applicable,
to
the
last
known
address
of
the
responsible
person’s
attorney.
(4)
A
statement
that
if
the
administrator
department
issues
a
new
notice
and
finding
of
financial
responsibility
for
child
support
or
medical
support,
or
both,
then
the
responsible
person
shall
have
thirty
days
from
the
date
of
issuance
of
the
new
notice
to
send
a
request
for
a
hearing
to
the
office
of
the
child
support
recovery
unit
which
issued
the
notice
services
.
If
the
administrator
department
does
not
issue
a
new
notice
and
finding
of
financial
responsibility
for
child
support
or
medical
support,
or
both,
the
responsible
party
shall
have
ten
Senate
File
514,
p.
553
days
from
the
date
of
issuance
of
the
conference
report
to
send
a
request
for
a
hearing
to
the
office
of
the
child
support
recovery
unit
which
issued
the
conference
report
services
.
d.
A
statement
that
if
the
responsible
person
objects
to
all
or
any
part
of
the
notice
or
finding
of
financial
responsibility
for
child
support
or
medical
support,
or
both,
and
a
negotiation
conference
is
not
requested,
the
responsible
person
shall,
within
thirty
days
of
the
date
of
service
send
to
the
office
of
the
child
support
recovery
unit
which
issued
the
notice
services
a
written
response
setting
forth
any
objections
and
requesting
a
hearing.
e.
A
statement
that
if
a
timely
written
request
for
a
hearing
is
received
by
the
office
of
the
child
support
recovery
unit
which
issued
the
notice
services
,
the
responsible
person
shall
have
the
right
to
a
hearing
to
be
held
in
district
court;
and
that
if
no
timely
written
response
is
received,
the
administrator
department
may
enter
an
order
in
accordance
with
the
notice
and
finding
of
financial
responsibility
for
child
support
or
medical
support,
or
both.
f.
A
statement
that,
as
soon
as
the
order
is
entered,
the
property
of
the
responsible
person
is
subject
to
collection
action,
including
but
not
limited
to
wage
withholding,
garnishment,
attachment
of
a
lien,
and
execution.
g.
A
statement
that
the
responsible
person
shall
notify
the
administrator
department
of
any
change
of
address,
employment,
or
medical
coverage
as
required
by
chapter
252E
.
h.
A
statement
that
if
the
responsible
person
has
any
questions,
the
responsible
person
should
telephone
or
visit
an
office
of
the
child
support
recovery
unit
services
or
consult
an
attorney.
i.
Such
other
information
as
the
administrator
department
finds
appropriate.
2.
The
time
limitations
for
requesting
a
hearing
in
subsection
1
may
be
extended
by
the
administrator
department
.
3.
If
a
timely
written
response
setting
forth
objections
and
requesting
a
hearing
is
received
by
the
appropriate
office
of
the
child
support
recovery
unit
services
,
a
hearing
shall
be
held
in
district
court.
4.
If
timely
written
response
and
request
for
hearing
is
not
Senate
File
514,
p.
554
received
by
the
appropriate
office
of
the
child
support
recovery
unit
services
,
the
administrator
department
may
enter
an
order
in
accordance
with
the
notice,
and
shall
specify
all
of
the
following:
a.
The
amount
of
monthly
support
to
be
paid,
with
directions
as
to
the
manner
of
payment.
b.
The
amount
of
the
support
debt
accrued
and
accruing
in
favor
of
the
department.
c.
The
name
of
the
custodial
parent
or
agency
having
custody
of
the
dependent
child
and
the
name
and
birth
date
of
the
dependent
child
for
whom
support
is
to
be
paid.
d.
That
the
property
of
the
responsible
person
is
subject
to
collection
action,
including
but
not
limited
to
wage
withholding,
garnishment,
attachment
of
a
lien,
and
execution.
e.
The
medical
support
required
pursuant
to
chapter
598
and
rules
adopted
pursuant
to
chapter
252E
.
5.
The
responsible
person
shall
be
sent
a
copy
of
the
order
by
regular
mail
addressed
to
the
responsible
person’s
last
known
address,
or
if
applicable,
to
the
last
known
address
of
the
responsible
person’s
attorney.
The
order
is
final,
and
action
by
the
administrator
department
to
enforce
and
collect
upon
the
order,
including
arrearages
and
medical
support,
or
both,
may
be
taken
from
the
date
of
approval
of
the
order
by
the
court
pursuant
to
section
252C.5
.
Sec.
875.
Section
252C.4,
Code
2023,
is
amended
to
read
as
follows:
252C.4
Certification
to
court
——
hearing
——
default.
1.
A
responsible
person
or
the
child
support
recovery
unit
services
may
request
a
hearing
regarding
a
determination
of
support.
If
a
timely
written
request
for
a
hearing
is
received,
the
administrator
department
shall
certify
the
matter
to
the
district
court
as
follows:
a.
If
the
child
or
children
reside
in
Iowa,
and
the
unit
child
support
services
is
seeking
an
accruing
obligation,
in
the
county
in
which
the
dependent
child
or
children
reside.
b.
If
the
child
or
children
received
public
assistance
in
Iowa,
and
the
unit
child
support
services
is
seeking
only
an
accrued
obligation,
in
the
county
in
which
the
dependent
child
or
children
last
received
public
assistance.
Senate
File
514,
p.
555
c.
If
the
action
is
the
result
of
a
request
from
another
state
or
foreign
country
to
establish
support
by
a
responsible
person
located
in
Iowa,
in
the
county
in
which
the
responsible
person
resides.
2.
The
certification
shall
include
true
copies
of
the
notice
and
finding
of
financial
responsibility
or
notice
of
the
support
debt
accrued
and
accruing,
the
return
of
service,
the
written
objections
and
request
for
hearing,
and
true
copies
of
any
administrative
orders
previously
entered.
3.
The
court
shall
set
the
matter
for
hearing
and
notify
the
parties
of
the
time
and
place
of
hearing.
4.
The
court
shall
establish
the
monthly
child
support
payment
and
the
amount
of
the
support
debt
accrued
and
accruing
pursuant
to
section
598.21B
,
or
medical
support
pursuant
to
chapter
252E
,
or
both.
5.
If
a
party
fails
to
appear
at
the
hearing,
upon
a
showing
of
proper
notice
to
that
party,
the
court
shall
find
that
party
in
default
and
enter
an
appropriate
order.
6.
Actions
initiated
by
the
administrator
department
under
this
chapter
are
not
subject
to
chapter
17A
and
resulting
court
hearings
following
certification
shall
be
an
original
hearing
before
the
district
court.
7.
If
a
responsible
person
contests
an
action
initiated
under
this
chapter
by
denying
paternity,
the
following
shall
apply,
as
necessary:
a.
(1)
If
the
prior
determination
of
paternity
is
based
on
an
affidavit
of
paternity
filed
pursuant
to
section
252A.3A
,
or
an
administrative
order
entered
pursuant
to
chapter
252F
,
or
an
order
by
the
courts
of
this
state,
or
by
operation
of
law
when
the
mother
and
established
father
are
or
were
married
to
each
other,
the
provisions
of
section
600B.41A
are
applicable.
(2)
If
the
court
determines
that
the
prior
determination
of
paternity
should
not
be
overcome
pursuant
to
section
600B.41A
,
and
that
the
responsible
person
has
a
duty
to
provide
support,
the
court
shall
enter
an
order
establishing
the
monthly
child
support
payment
and
the
amount
of
the
support
debt
accrued
and
accruing
pursuant
to
section
598.21B
,
or
medical
support
pursuant
to
chapter
252E
,
or
both.
b.
If
the
prior
determination
of
paternity
is
based
on
an
Senate
File
514,
p.
556
administrative
or
court
order
or
other
means,
pursuant
to
the
laws
of
another
state
or
foreign
country,
an
action
to
overcome
the
prior
determination
of
paternity
shall
be
filed
in
that
jurisdiction.
Unless
the
responsible
person
requests
and
is
granted
a
stay
of
an
action
initiated
under
this
chapter
to
establish
child
or
medical
support,
the
action
shall
proceed
as
otherwise
provided
by
this
chapter
.
Sec.
876.
Section
252C.5,
Code
2023,
is
amended
to
read
as
follows:
252C.5
Filing
and
docketing
of
financial
responsibility
order
——
order
effective
as
district
court
decree.
1.
A
true
copy
of
any
order
entered
by
the
administrator
department
pursuant
to
this
chapter
,
along
with
a
true
copy
of
the
return
of
service,
if
applicable,
may
be
filed
in
the
office
of
the
clerk
of
the
district
court
in
the
manner
established
pursuant
to
section
252C.4,
subsection
1
.
2.
The
administrator’s
department’s
order
shall
be
presented,
ex
parte,
to
the
district
court
for
review
and
approval.
Unless
defects
appear
on
the
face
of
the
order
or
on
the
attachments,
the
district
court
shall
approve
the
order.
The
approved
order
shall
have
all
the
force,
effect,
and
attributes
of
a
docketed
order
or
decree
of
the
district
court.
3.
Upon
filing,
the
clerk
shall
enter
the
order
in
the
judgment
docket.
4.
If
the
responsible
party
appeals
the
order
approved
by
the
court
under
this
section
,
and
the
court
on
appeal
establishes
an
amount
of
support
which
is
less
than
the
amount
of
support
established
under
the
approved
order,
the
court,
in
the
order
issued
on
appeal,
shall
reconcile
the
amounts
due
and
shall
provide
that
any
amount
which
represents
the
unpaid
difference
between
the
amount
under
the
approved
order
and
the
amount
under
the
order
of
the
court
on
appeal
is
satisfied.
Sec.
877.
Section
252C.6,
Code
2023,
is
amended
to
read
as
follows:
252C.6
Interest
on
support
debts.
Interest
accrues
on
support
debts
at
the
rate
provided
in
section
535.3
for
court
judgments.
The
administrator
department
may
collect
the
accrued
interest
but
is
not
required
to
maintain
interest
balance
accounts.
The
department
Child
Senate
File
514,
p.
557
support
services
may
waive
payment
of
the
interest
if
the
waiver
will
facilitate
the
collection
of
the
support
debt.
Sec.
878.
Section
252C.8,
Code
2023,
is
amended
to
read
as
follows:
252C.8
Temporary
restraining
order
or
bond.
If
the
administrator
department
reasonably
believes
that
the
responsible
person
is
not
a
resident
of
this
state,
is
about
to
move
from
this
state,
or
is
concealing
the
responsible
person’s
whereabouts,
or
that
the
responsible
person
has
removed
or
is
about
to
remove,
secrete,
waste,
or
otherwise
dispose
of
property
which
could
be
made
subject
to
collection
procedures
to
satisfy
the
support
debt,
the
administrator
department
may
petition
the
district
court
for
a
temporary
restraining
order
barring
the
removal,
secretion,
waste,
or
disposal.
However,
if
the
responsible
person
furnishes
a
bond
satisfactory
to
the
court,
the
temporary
restraining
order
shall
be
vacated.
Sec.
879.
Section
252C.12,
Code
2023,
is
amended
to
read
as
follows:
252C.12
Waiver
of
time
limitations
by
responsible
person.
1.
A
responsible
person
may
waive
the
time
limitations
established
in
section
252C.3
.
2.
Upon
receipt
of
a
signed
statement
from
each
responsible
person
waiving
the
time
limitations
established
in
section
252C.3
,
the
administrator
department
may
proceed
to
enter
an
order
for
support
and
the
court
may
approve
the
order,
whether
or
not
the
time
limitations
have
expired.
3.
If
a
responsible
person
waives
the
time
limitations
established
in
section
252C.3
and
an
order
for
support
is
entered
under
this
chapter
,
the
signed
statement
of
the
responsible
person
waiving
the
time
limitations
shall
be
filed
with
the
order
for
support.
Sec.
880.
Section
252D.1,
Code
2023,
is
amended
to
read
as
follows:
252D.1
Delinquent
support
payments.
If
support
payments
ordered
under
this
chapter
or
chapter
232
,
234
,
252A
,
252C
,
252E
,
252F
,
598
,
600B
,
or
any
other
applicable
chapter,
or
under
a
comparable
statute
of
another
state
or
foreign
country,
as
certified
to
the
child
support
recovery
unit
established
in
section
252B.2
services
,
are
Senate
File
514,
p.
558
not
paid
to
the
clerk
of
the
district
court
or
the
collection
services
center
pursuant
to
section
598.22
or,
as
appropriate,
a
comparable
government
entity
in
another
state
as
provided
in
chapter
252K
,
and
become
delinquent
in
an
amount
equal
to
the
payment
for
one
month,
the
child
support
recovery
unit
services
may
enter
an
ex
parte
order
or,
upon
application
of
a
person
entitled
to
receive
the
support
payments,
the
district
court
may
enter
an
ex
parte
order,
notifying
the
person
whose
income
is
to
be
withheld,
of
the
delinquent
amount,
of
the
amount
of
income
to
be
withheld,
and
of
the
procedure
to
file
a
motion
to
quash
the
order
for
income
withholding,
and
ordering
the
withholding
of
specified
sums
to
be
deducted
from
the
delinquent
person’s
income
as
defined
in
section
252D.16
sufficient
to
pay
the
support
obligation
and,
except
as
provided
in
section
598.22
,
requiring
the
payment
of
such
sums
to
the
clerk
of
the
district
court
or
the
collection
services
center
or,
as
appropriate,
a
comparable
government
entity
in
another
state
as
provided
in
chapter
252K
.
All
income
withholding
payments
shall
be
paid
to
the
collection
services
center
or,
as
appropriate,
a
comparable
government
entity
in
another
state
as
provided
in
chapter
252K
.
Notification
of
income
withholding
shall
be
provided
to
the
obligor
and
to
the
payor
of
income
pursuant
to
section
252D.17
.
Sec.
881.
Section
252D.8,
Code
2023,
is
amended
to
read
as
follows:
252D.8
Persons
subject
to
immediate
income
withholding.
1.
In
a
support
order
issued
or
modified
on
or
after
November
1,
1990,
for
which
services
are
being
provided
by
the
child
support
recovery
unit
services
,
and
in
any
support
orders
issued
or
modified
after
January
1,
1994,
for
which
services
are
not
provided
by
the
child
support
recovery
unit
services
,
the
income
of
a
support
obligor
is
subject
to
withholding,
on
the
effective
date
of
the
order,
regardless
of
whether
support
payments
by
the
obligor
are
in
arrears.
If
services
are
being
provided
pursuant
to
chapter
252B
,
the
child
support
recovery
unit
services
may
enter
an
ex
parte
order
for
an
immediate
withholding
of
income.
The
district
court
may
enter
an
ex
parte
order
for
immediate
income
withholding
for
cases
in
which
the
child
support
recovery
unit
services
is
not
providing
services.
The
income
of
the
obligor
is
subject
to
immediate
withholding
Senate
File
514,
p.
559
unless
one
of
the
following
occurs:
a.
One
of
the
parties
demonstrates
and
the
court
or
child
support
recovery
unit
services
finds
there
is
good
cause
not
to
require
immediate
withholding.
A
finding
of
good
cause
shall
be
based
on,
at
a
minimum,
written
findings
and
conclusions
by
the
court
or
administrative
authority
as
to
why
implementing
immediate
withholding
would
not
be
in
the
best
interests
of
the
child.
In
cases
involving
modifications,
the
findings
shall
also
include
proof
of
timely
payment
of
previously
ordered
support.
b.
A
written
agreement
is
reached
between
both
parties
which
provides
for
an
alternative
arrangement.
If
the
support
payments
have
been
assigned
to
the
department
of
human
services
pursuant
to
chapter
234
or
239B
,
or
a
comparable
statute
of
another
jurisdiction,
the
department
shall
be
considered
a
party
to
the
support
order,
and
a
written
agreement
pursuant
to
this
section
to
waive
immediate
withholding
is
void
unless
approved
by
the
child
support
recovery
unit
services
.
Any
agreement
existing
at
the
time
an
assignment
of
support
is
made
pursuant
to
chapter
234
or
239B
or
pursuant
to
a
comparable
statute
of
another
jurisdiction
shall
not
prevent
the
child
support
recovery
unit
services
from
implementing
immediate
withholding.
2.
For
an
order
not
requiring
immediate
withholding,
income
of
an
obligor
is
subject
to
immediate
withholding,
without
regard
to
whether
there
is
an
arrearage,
on
the
earliest
of
the
following:
a.
The
date
the
obligor
requests
that
the
withholding
begin.
b.
The
date
the
custodial
parent
or
party
to
the
proceeding
requests
that
the
withholding
begin,
if
the
request
is
approved
by
the
district
court
or,
in
cases
in
which
services
are
being
provided
pursuant
to
chapter
252B
,
if
the
child
support
recovery
unit
services
approves
the
request.
Sec.
882.
Section
252D.16,
Code
2023,
is
amended
to
read
as
follows:
252D.16
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Child
support
services”
means
the
same
as
child
Senate
File
514,
p.
560
supported
services
created
in
section
252B.2.
2.
“Department”
means
the
department
of
health
and
human
services.
1.
3.
“Income”
means
all
of
the
following:
a.
Any
periodic
form
of
payment
due
an
individual,
regardless
of
source,
including
but
not
limited
to
wages,
salaries,
commissions,
bonuses,
workers’
compensation,
disability
payments,
payments
pursuant
to
a
pension
or
retirement
program,
and
interest.
b.
A
sole
payment
or
lump
sum
as
provided
in
section
252D.18C
,
including
but
not
limited
to
payment
from
an
estate
including
inheritance,
or
payment
for
personal
injury
or
property
damage.
c.
Irregular
income
as
defined
in
section
252D.18B
.
2.
4.
“Payor
of
income”
or
“payor”
means
and
includes,
but
is
not
limited
to,
an
obligor’s
employer,
trustee,
the
state
of
Iowa
and
all
governmental
subdivisions
and
agencies
and
any
other
person
from
whom
an
obligor
receives
income.
3.
5.
“Support”
or
“support
payments”
means
any
amount
which
the
court
or
administrative
agency
may
require
a
person
to
pay
for
the
benefit
of
a
child
under
a
temporary
order
or
a
final
judgment
or
decree
entered
under
chapter
232
,
234
,
252A
,
252C
,
252F
,
252H
,
598
,
600B
,
or
any
other
comparable
chapter,
and
may
include
child
support,
maintenance,
medical
support
as
defined
in
chapter
252E
,
spousal
support,
and
any
other
term
used
to
describe
these
obligations.
These
obligations
may
include
support
for
a
child
of
any
age
who
is
dependent
on
the
parties
to
the
dissolution
proceedings
because
of
physical
or
mental
disability.
The
obligations
may
include
support
for
a
child
eighteen
or
more
years
of
age
with
respect
to
whom
a
child
support
order
has
been
issued
pursuant
to
the
laws
of
another
state
or
foreign
country.
These
obligations
shall
not
include
amounts
for
a
postsecondary
education
subsidy
as
defined
in
section
598.1
.
Sec.
883.
Section
252D.16A,
Code
2023,
is
amended
to
read
as
follows:
252D.16A
Income
withholding
order
——
child
support
recovery
unit
services
.
If
support
payments
are
ordered
under
this
chapter
,
chapter
Senate
File
514,
p.
561
232
,
234
,
252A
,
252C
,
252E
,
252F
,
252H
,
598
,
600B
,
or
any
other
applicable
chapter,
or
under
a
comparable
statute
of
another
state
or
foreign
country,
and
if
income
withholding
relative
to
such
support
payments
is
allowed
under
this
chapter
,
the
child
support
recovery
unit
services
may
enter
an
ex
parte
order
notifying
the
person
whose
income
is
to
be
withheld
of
the
procedure
to
file
a
motion
to
quash
the
order
for
income
withholding,
and
ordering
the
withholding
of
sums
to
be
deducted
from
the
delinquent
person’s
income
as
defined
in
section
252D.16
sufficient
to
pay
the
support
obligation
and
requiring
the
payment
of
such
sums
to
the
collection
services
center
or,
as
appropriate,
a
comparable
government
entity
in
another
state
as
provided
in
chapter
252K
.
The
child
Child
support
recovery
unit
services
shall
include
the
amount
of
any
delinquency
and
the
amount
to
be
withheld
in
the
notice
provided
to
the
obligor
pursuant
to
section
252D.17A
.
Notice
of
income
withholding
shall
be
provided
to
the
obligor
and
to
the
payor
of
income
pursuant
to
sections
252D.17
and
252D.17A
.
Sec.
884.
Section
252D.17,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
district
court
shall
provide
notice
by
sending
a
copy
of
the
order
for
income
withholding
or
a
notice
of
the
order
for
income
withholding
to
the
obligor
and
the
obligor’s
payor
of
income
by
regular
mail,
with
proof
of
service
completed
according
to
rule
of
civil
procedure
1.442.
The
child
Child
support
recovery
unit
services
shall
provide
notice
of
the
income
withholding
order
by
sending
a
notice
of
the
order
to
the
obligor’s
payor
of
income
by
regular
mail
or
by
electronic
means.
Proof
of
service
may
be
completed
according
to
rule
of
civil
procedure
1.442.
The
child
Child
support
recovery
unit’s
services’
notice
of
the
order
may
be
sent
to
the
payor
of
income
on
the
same
date
that
the
order
is
sent
to
the
clerk
of
court
for
filing.
In
all
other
instances,
the
income
withholding
order
shall
be
filed
with
the
clerk
of
court
prior
to
sending
the
notice
of
the
order
to
the
payor
of
income.
In
addition
to
the
amount
to
be
withheld
for
payment
of
support,
the
order
or
the
notice
of
the
order
shall
be
in
a
standard
format
as
prescribed
by
the
unit
child
support
services
and
shall
include
all
of
the
following
information
regarding
the
duties
of
the
Senate
File
514,
p.
562
payor
in
implementing
the
withholding
order:
Sec.
885.
Section
252D.17,
subsection
1,
paragraphs
g
and
i,
Code
2023,
are
amended
to
read
as
follows:
g.
The
withholding
is
binding
on
the
payor
until
further
notice
by
the
court
or
the
child
support
recovery
unit
services
.
i.
The
payor
shall
promptly
notify
the
court
or
the
child
support
recovery
unit
services
when
the
obligor’s
employment
or
other
income
terminates,
and
provide
the
obligor’s
last
known
address
and
the
name
and
address
of
the
obligor’s
new
employer,
if
known.
Sec.
886.
Section
252D.17A,
Code
2023,
is
amended
to
read
as
follows:
252D.17A
Notice
to
obligor
of
implementation
of
income
withholding
order.
The
child
Child
support
recovery
unit
services
or
the
district
court
shall
send
a
notice
of
the
income
withholding
order
to
the
obligor
at
the
time
the
notice
is
sent
to
the
payor
of
income.
Sec.
887.
Section
252D.18,
Code
2023,
is
amended
to
read
as
follows:
252D.18
Modification
or
termination
of
withholding.
1.
The
court
or
the
child
support
recovery
unit
services
may,
by
ex
parte
order,
modify
a
previously
entered
income
withholding
order
if
the
court
or
the
unit
child
support
services
determines
any
of
the
following:
a.
There
has
been
a
change
in
the
amount
of
the
current
support
obligation.
b.
The
amount
required
to
be
withheld
under
the
income
withholding
order
is
in
error.
c.
Any
past
due
support
debt
has
been
paid
in
full.
Should
a
delinquency
later
accrue,
the
withholding
order
may
be
modified
to
secure
payment
toward
the
delinquency.
d.
There
has
been
a
change
in
the
rules
adopted
by
the
department
pursuant
to
chapter
17A
regarding
the
amount
of
income
to
be
withheld
to
pay
a
delinquency.
2.
The
child
Child
support
recovery
unit
services
may
modify
an
amount
specified
in
an
income
withholding
order
or
notice
of
income
withholding
by
providing
notice
to
the
payor
of
income
and
the
obligor
pursuant
to
sections
252D.17
and
252D.17A
.
Senate
File
514,
p.
563
3.
The
court
or
the
child
support
recovery
unit
services
may,
by
ex
parte
order,
terminate
an
income
withholding
order
when
the
current
support
obligation
has
terminated
and
when
the
delinquent
support
obligation
has
been
fully
satisfied
as
applicable
to
all
of
the
children
covered
by
the
income
withholding
order.
The
unit
Child
support
services
may,
by
ex
parte
order,
terminate
an
income
withholding
order
when
the
unit
child
support
services
will
no
longer
be
providing
services
under
chapter
252B
,
or
when
another
state
or
foreign
country
will
be
providing
services
under
Tit.
IV-D
of
the
federal
Social
Security
Act
or
a
comparable
law
in
a
foreign
country.
4.
In
no
case
shall
payment
of
overdue
support
be
the
sole
basis
for
termination
of
withholding.
Sec.
888.
Section
252D.18A,
subsections
1
and
4,
Code
2023,
are
amended
to
read
as
follows:
1.
The
total
of
all
amounts
withheld
shall
not
exceed
the
amounts
specified
in
15
U.S.C.
§1673(b).
For
orders
or
notices
issued
by
the
child
support
recovery
unit
services
,
the
limit
for
the
amount
to
be
withheld
shall
be
specified
in
the
order
or
notice.
4.
The
payor
shall
identify
and
report
payments
by
the
obligor’s
name,
account
number,
amount,
and
date
withheld
pursuant
to
section
252D.17
.
If
payments
for
multiple
obligees
are
combined,
the
portion
of
the
payment
attributable
to
each
obligee
shall
be
specifically
identified
only
if
the
payor
is
directed
to
do
so
by
the
child
support
recovery
unit
services
.
Sec.
889.
Section
252D.18B,
Code
2023,
is
amended
to
read
as
follows:
252D.18B
Irregular
income.
When
payment
of
income
is
irregular,
and
an
order
for
immediate
or
mandatory
income
withholding
has
been
entered
by
the
child
support
recovery
unit
services
or
the
district
court,
the
income
payor
shall
withhold
income
equal
to
the
total
that
would
have
been
withheld
had
there
been
regular
monthly
income.
The
amounts
withheld
shall
not
exceed
the
amounts
specified
in
15
U.S.C.
§1673(b).
For
the
purposes
of
this
section
,
an
income
source
is
irregular
when
there
are
periods
in
excess
of
one
month
during
which
the
income
payor
makes
no
payment
to
the
obligor
and
the
periods
are
not
the
result
of
termination
or
Senate
File
514,
p.
564
suspension
of
employment.
Sec.
890.
Section
252D.18C,
Code
2023,
is
amended
to
read
as
follows:
252D.18C
Withholding
from
lump
sum
payments.
The
child
Child
support
recovery
unit
services
or
the
district
court
may
enter
an
ex
parte
order
for
income
withholding
when
the
obligor
is
paid
by
a
lump
sum
income
source.
When
a
sole
payment
is
made
or
payment
occurs
at
two-month
or
greater
intervals,
the
withholding
order
may
include
all
current
and
delinquent
support
due
through
the
current
month,
but
shall
not
exceed
the
amounts
specified
in
15
U.S.C.
§1673(b).
Sec.
891.
Section
252D.19A,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
If
the
unit
child
support
services
takes
an
enforcement
action
during
a
calendar
year
against
an
obligor
and
the
obligor
is
not
delinquent
or
in
arrears
solely
due
to
the
applicability
of
this
section
to
the
obligor,
upon
discovering
the
circumstances,
the
unit
child
support
services
shall
promptly
discontinue
the
enforcement
action.
Sec.
892.
Section
252D.20,
Code
2023,
is
amended
to
read
as
follows:
252D.20
Administration
of
income
withholding
procedures.
The
child
Child
support
recovery
unit
services
is
designated
as
the
entity
of
the
state
to
administer
income
withholding
in
accordance
with
the
procedures
specified
for
keeping
adequate
records
to
document,
track,
and
monitor
support
payments
on
cases
subject
to
Tit.
IV-D
of
the
federal
Social
Security
Act.
The
collection
services
center
is
designated
as
the
entity
for
administering
income
withholding
for
cases
which
are
not
subject
to
Tit.
IV-D.
The
collection
services
center’s
responsibilities
for
administering
income
withholding
in
cases
not
subject
to
Tit.
IV-D
are
limited
to
the
receipt,
recording,
and
disbursement
of
income
withholding
payments
and
to
responding
to
requests
for
information
on
the
current
status
of
support
payments
pursuant
to
section
252B.13A
.
Notwithstanding
section
622.53
,
in
cases
where
the
court
or
the
child
support
recovery
unit
services
is
enforcing
an
order
of
another
state
or
foreign
country
through
income
withholding,
a
certified
copy
of
Senate
File
514,
p.
565
the
underlying
judgment
is
sufficient
proof
of
authenticity.
Sec.
893.
Section
252D.22,
Code
2023,
is
amended
to
read
as
follows:
252D.22
Rules.
The
department
shall
adopt
the
administrative
rules
necessary
to
implement
the
provisions
of
this
chapter
as
they
pertain
to
the
operations
of
the
child
support
recovery
unit
services
.
Sec.
894.
Section
252D.23,
Code
2023,
is
amended
to
read
as
follows:
252D.23
Filing
of
withholding
order
——
order
effective
as
district
court
order.
An
income
withholding
order
entered
by
the
child
support
recovery
unit
services
pursuant
to
this
chapter
shall
be
filed
with
the
clerk
of
the
district
court.
In
lieu
of
any
signature
on
the
order
which
may
otherwise
be
required
by
law
or
rule,
the
order
shall
have
affixed
the
name
and
address
of
the
appropriate
child
support
office
services
.
For
the
purposes
of
demonstrating
compliance
by
the
payor
of
income,
the
copy
of
the
withholding
order
or
the
notice
of
the
order
received,
whether
or
not
the
copy
of
the
order
is
file-stamped,
shall
have
all
the
force,
effect,
and
attributes
of
a
docketed
order
of
the
district
court
including,
but
not
limited
to,
availability
of
contempt
of
court
proceedings
against
a
payor
of
income
for
noncompliance.
However,
any
information
contained
in
the
income
withholding
order
or
the
notice
of
the
order
related
to
the
amount
of
the
accruing
or
accrued
support
obligation
which
does
not
reflect
the
correct
amount
of
support
due
does
not
modify
the
underlying
support
judgment.
Sec.
895.
Section
252E.1,
Code
2023,
is
amended
to
read
as
follows:
252E.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Accessible”
means
any
of
the
following,
unless
otherwise
provided
in
the
support
order:
a.
The
health
benefit
plan
does
not
have
service
area
limitations
or
provides
an
option
not
subject
to
service
area
limitations.
b.
The
health
benefit
plan
has
service
area
limitations
and
Senate
File
514,
p.
566
the
dependent
lives
within
thirty
miles
or
thirty
minutes
of
a
network
primary
care
provider.
2.
“Basic
coverage”
means
health
care
coverage
that
at
a
minimum
provides
coverage
for
emergency
care,
inpatient
and
outpatient
hospital
care,
physician
services
whether
provided
within
or
outside
a
hospital
setting,
and
laboratory
and
x-ray
services.
3.
“Cash
medical
support”
means
a
monetary
amount
that
a
parent
is
ordered
to
pay
to
the
obligee
in
lieu
of
that
parent
providing
health
care
coverage,
which
amount
is
five
percent
of
the
gross
income
of
the
parent
ordered
to
pay
the
monetary
amount
or,
if
the
child
support
guidelines
established
pursuant
to
section
598.21B
specifically
provide
an
alternative
income-based
numeric
standard
for
determining
the
amount,
the
amount
determined
by
the
standard
specified
by
the
child
support
guidelines.
“Cash
medical
support”
is
an
obligation
separate
from
any
monetary
amount
a
parent
is
ordered
to
pay
for
uncovered
medical
expenses
pursuant
to
the
guidelines
established
pursuant
to
section
598.21B
.
4.
“Child”
means
a
person
for
whom
child
or
medical
support
may
be
ordered
pursuant
to
chapter
234
,
239B
,
252A
,
252C
,
252F
,
252H
,
252K
,
598
,
600B
,
or
any
other
chapter
of
the
Code
or
pursuant
to
a
comparable
statute
of
another
state
or
foreign
country.
5.
“Child
support
services”
means
child
support
services
created
in
section
252B.1.
5.
6.
“Department”
means
the
department
of
health
and
human
services,
which
includes
but
is
not
limited
to
the
child
support
recovery
unit
services
,
or
any
comparable
support
enforcement
agency
of
another
state.
6.
7.
“Dependent”
means
a
child,
or
an
obligee
for
whom
a
court
may
order
health
care
coverage
pursuant
to
section
252E.3
.
7.
8.
“Enroll”
means
to
be
eligible
for
and
covered
by
a
health
benefit
plan.
8.
9.
“Health
benefit
plan”
means
any
policy
or
contract
of
insurance,
indemnity,
subscription,
or
membership
issued
by
an
insurer,
health
service
corporation,
health
maintenance
organization,
or
any
similar
corporation
or
organization,
any
public
coverage,
or
any
self-insured
employee
benefit
plan,
for
Senate
File
514,
p.
567
the
purpose
of
covering
medical
expenses.
These
expenses
may
include
but
are
not
limited
to
hospital,
surgical,
major
medical
insurance,
dental,
optical,
prescription
drugs,
office
visits,
or
any
combination
of
these
or
any
other
comparable
health
care
expenses.
9.
10.
“Health
care
coverage”
or
“coverage”
means
providing
and
paying
for
the
medical
needs
of
a
dependent
through
a
health
benefit
plan.
10.
11.
“Insurer”
means
any
entity,
including
a
health
service
corporation,
health
maintenance
organization,
or
any
similar
corporation
or
organization,
or
an
employer
offering
self-insurance,
that
provides
a
health
benefit
plan,
but
does
not
include
an
entity
that
provides
public
coverage.
11.
12.
“Medical
support”
means
either
the
provision
of
health
care
coverage
or
the
payment
of
cash
medical
support.
“Medical
support”
is
not
alimony.
12.
13.
“National
medical
support
notice”
means
a
notice
as
prescribed
under
42
U.S.C.
§666(a)(19)
or
a
substantially
similar
notice,
that
is
issued
and
forwarded
by
the
department
in
accordance
with
section
252E.4
to
enforce
the
health
care
coverage
provisions
of
a
support
order.
The
national
medical
support
notice
is
not
applicable
to
a
provider
of
public
coverage.
13.
14.
“Obligee”
means
a
parent
or
another
natural
person
legally
entitled
to
receive
a
support
payment
on
behalf
of
a
child.
14.
15.
“Obligor”
means
a
parent
or
another
natural
person
legally
responsible
for
the
support
of
a
dependent.
15.
16.
“Order”
means
a
support
order
entered
pursuant
to
chapter
234
,
252A
,
252C
,
252F
,
252H
,
252K
,
598
,
600B
,
or
any
other
support
chapter,
or
pursuant
to
a
comparable
statute
of
another
state
or
foreign
country,
or
an
ex
parte
order
entered
pursuant
to
section
252E.4
.
“Order”
also
includes
a
notice
of
such
an
order
issued
by
the
department.
16.
17.
“Plan
administrator”
means
the
employer
or
sponsor
that
offers
the
health
benefit
plan
or
the
person
to
whom
the
duty
of
plan
administrator
is
delegated
by
the
employer
or
sponsor
offering
the
health
benefit
plan,
by
written
agreement
of
the
parties.
“Plan
administrator”
does
not
include
a
Senate
File
514,
p.
568
provider
of
public
coverage.
17.
18.
“Primary
care
provider”
means
a
physician
who
provides
primary
care
who
is
a
family
or
general
practitioner,
a
pediatrician,
an
internist,
an
obstetrician,
or
a
gynecologist;
an
advanced
registered
nurse
practitioner;
or
a
physician
assistant.
18.
19.
“Public
coverage”
means
health
care
benefits
provided
by
any
form
of
federal
or
state
medical
assistance,
including
but
not
limited
to
benefits
provided
under
chapter
249A
or
514I
,
or
under
comparable
laws
of
another
state,
foreign
country,
or
Indian
nation
or
tribe.
19.
“Unit”
or
“child
support
recovery
unit”
means
unit
as
defined
in
section
252B.1
.
Sec.
896.
Section
252E.1A,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
This
section
shall
apply
to
all
initial
or
modified
orders
for
support
entered
under
chapter
234
,
252A
,
252C
,
252F
,
252H
,
598
,
600B
,
or
any
other
applicable
chapter.
If
an
action
to
establish
or
modify
an
order
for
support
is
initiated
by
the
child
support
recovery
unit
services
,
section
252E.1B
shall
also
apply.
Sec.
897.
Section
252E.1B,
Code
2023,
is
amended
to
read
as
follows:
252E.1B
Establishing
and
modifying
orders
for
medical
support
——
actions
initiated
by
child
support
recovery
unit
services
.
1.
If
the
child
support
recovery
unit
services
is
initiating
an
action
to
establish
or
modify
support,
this
section
shall
apply
in
addition
to
the
provisions
of
section
252E.1A
.
2.
The
unit
Child
support
services
shall
apply
the
following
order
of
priority
when
the
unit
child
support
services
enters
or
seeks
an
order
for
medical
support:
a.
If
the
custodial
parent
is
currently
providing
coverage
for
the
child
under
a
health
benefit
plan
other
than
public
coverage,
and
the
plan
is
available
as
described
in
section
252E.1A,
subsection
3
,
the
unit
child
support
services
shall
enter
or
seek
an
order
for
the
custodial
parent
to
provide
coverage.
b.
If
the
noncustodial
parent
is
currently
providing
coverage
for
the
child
under
a
health
benefit
plan
other
than
Senate
File
514,
p.
569
public
coverage,
and
the
plan
is
available
as
described
in
section
252E.1A,
subsection
3
,
the
unit
child
support
services
shall
enter
or
seek
an
order
for
the
noncustodial
parent
to
provide
coverage.
c.
If
a
health
benefit
plan
other
than
public
coverage
is
available
as
described
in
section
252E.1A,
subsection
3
,
to
the
custodial
parent,
the
unit
child
support
services
shall
enter
or
seek
an
order
for
the
custodial
parent
to
provide
coverage.
d.
If
a
health
benefit
plan
other
than
public
coverage
is
available
as
described
in
section
252E.1A,
subsection
3
,
to
the
noncustodial
parent,
the
unit
child
support
services
shall
enter
or
seek
an
order
for
the
noncustodial
parent
to
provide
coverage.
e.
If
a
health
benefit
plan
other
than
public
coverage
is
not
available
to
either
parent,
and
the
custodial
parent
has
public
coverage
for
the
child,
the
unit
child
support
services
shall
enter
or
seek
an
order
for
the
custodial
parent
to
provide
health
care
coverage
and
shall
enter
or
seek
an
order
for
the
noncustodial
parent
to
pay
cash
medical
support.
However,
if
any
of
the
circumstances
described
in
section
252E.1A,
subsection
4
,
paragraph
“a”
,
“b”
,
or
“c”
is
met,
the
unit
child
support
services
shall
enter
or
seek
an
order
as
specified
by
the
applicable
paragraph.
3.
Notwithstanding
subsection
2
,
if
there
is
an
order
for
joint
physical
care
for
the
child
and
the
parties
subject
to
the
support
order,
the
unit
child
support
services
shall
apply
the
following
order
of
priority
when
the
unit
child
support
services
enters
or
seeks
an
order
for
medical
support:
a.
If
only
one
parent
is
currently
providing
coverage
for
the
child
under
a
health
benefit
plan
other
than
public
coverage,
and
the
plan
is
available
as
described
in
section
252E.1A,
subsection
3
,
the
unit
child
support
services
shall
enter
or
seek
an
order
for
that
parent
to
provide
coverage.
b.
If
both
parents
are
currently
providing
coverage
for
the
child
under
a
health
benefit
plan
other
than
public
coverage,
and
both
plans
are
available
as
described
in
section
252E.1A,
subsection
3
,
the
unit
child
support
services
shall
enter
or
seek
an
order
for
both
parents
to
provide
coverage.
c.
If
neither
parent
is
currently
providing
coverage
Senate
File
514,
p.
570
for
the
child
under
a
health
benefit
plan
other
than
public
coverage,
and
a
health
benefit
plan
other
than
public
coverage
is
available
as
described
in
section
252E.1A,
subsection
3
,
to
one
parent,
the
unit
child
support
services
shall
enter
or
seek
an
order
for
that
parent
to
provide
coverage.
d.
If
neither
parent
is
currently
providing
coverage
for
the
child
under
a
health
benefit
plan
other
than
public
coverage,
and
a
health
benefit
plan
other
than
public
coverage
is
available
as
described
in
section
252E.1A,
subsection
3
,
to
both
parents,
the
unit
child
support
services
shall
enter
or
seek
an
order
for
both
parents
to
provide
coverage.
e.
If
a
health
benefit
plan
other
than
public
coverage
is
not
available
to
either
parent
and
one
parent
has
public
coverage
for
the
child,
the
unit
child
support
services
shall
enter
or
seek
an
order
for
that
parent
to
provide
health
care
coverage.
4.
The
child
Child
support
recovery
unit
services
or
the
court
shall
not
order
any
modification
to
an
existing
medical
support
order
in
a
proceeding
conducted
solely
pursuant
to
chapter
252H,
subchapter
IV
.
Sec.
898.
Section
252E.2,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
name
and
the
last
known
mailing
address
of
the
participant
and
the
name
and
mailing
address
of
each
child
covered
by
the
order
except
that,
to
the
extent
provided
in
the
order,
the
name
and
mailing
address
of
an
official
of
the
department
may
be
substituted
for
the
mailing
address
of
the
child.
Sec.
899.
Section
252E.2A,
Code
2023,
is
amended
to
read
as
follows:
252E.2A
Satisfaction
of
medical
support
order.
This
section
shall
apply
if
the
child
support
recovery
unit
services
is
providing
services
under
chapter
252B
.
1.
Notwithstanding
any
law
to
the
contrary
and
without
a
court
order,
a
medical
support
order
for
a
child
shall
be
deemed
satisfied
with
regard
to
the
department,
the
child,
the
obligor,
and
the
obligee
for
the
period
during
which
all
of
the
following
conditions
are
met:
a.
The
order
is
issued
under
any
applicable
chapter
of
the
Senate
File
514,
p.
571
Code.
b.
The
unit
Child
support
services
is
notified
that
the
conditions
of
paragraph
“c”
are
met
and
the
parent
ordered
to
provide
medical
support
submits
a
written
statement
to
the
unit
child
support
services
that
the
requirements
of
paragraph
“c”
are
met.
c.
The
parent
ordered
to
provide
medical
support
meets
at
least
one
of
the
following
conditions:
(1)
The
parent
is
an
inmate
of
an
institution
under
the
control
of
the
department
of
corrections
or
a
comparable
institution
in
another
state.
(2)
The
parent’s
monthly
child
support
obligation
under
the
guidelines
established
pursuant
to
section
598.21B
is
the
minimum
obligation
amount.
(3)
The
parent
is
a
recipient
of
assistance
under
chapter
239B
or
249A
,
or
under
comparable
laws
of
another
state.
(4)
The
parent
is
residing
with
any
child
for
whom
the
parent
is
legally
responsible
and
that
child
is
a
recipient
of
assistance
under
chapter
239B
,
249A
,
or
514I
,
or
under
comparable
laws
of
another
state.
For
purposes
of
this
subparagraph,
“legally
responsible”
means
the
parent
has
a
legal
obligation
to
the
child
as
specified
in
Iowa
court
rule
9.7
of
the
child
support
guidelines.
d.
The
unit
Child
support
services
files
a
notice
of
satisfaction
with
the
clerk
of
the
district
court.
The
effective
date
of
the
satisfaction
shall
be
stated
in
the
notice
and
the
effective
date
shall
be
no
later
than
forty-five
days
after
the
unit
child
support
services
issues
the
notice
of
satisfaction.
2.
If
a
medical
support
order
is
satisfied
under
subsection
1
,
the
satisfaction
shall
continue
until
all
of
the
following
apply:
a.
The
unit
Child
support
services
is
notified
that
none
of
the
conditions
specified
in
subsection
1
,
paragraph
“c”
,
still
applies.
b.
The
unit
Child
support
services
files
a
satisfaction
termination
notice
that
the
requirements
for
a
satisfaction
under
this
section
no
longer
apply.
The
effective
date
shall
be
stated
in
the
satisfaction
termination
notice
and
the
effective
Senate
File
514,
p.
572
date
shall
be
no
later
than
forty-five
days
after
the
unit
child
support
services
issues
the
satisfaction
termination
notice.
3.
The
unit
Child
support
services
shall
mail
a
copy
of
the
notice
of
satisfaction
and
the
satisfaction
termination
notice
to
the
last
known
address
of
the
obligor
and
obligee.
4.
The
department
of
human
services
may
match
data
for
enrollees
of
the
hawk-i
Hawki
program
created
pursuant
to
chapter
514I
with
data
of
the
unit
child
support
services
to
assist
the
unit
child
support
services
in
implementing
this
section
.
5.
An
order,
decree,
or
judgment
entered
or
pending
on
or
before
July
1,
2009,
that
provides
for
the
support
of
a
child
may
be
satisfied
as
provided
in
this
section
.
Sec.
900.
Section
252E.4,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
When
a
support
order
requires
an
obligor
to
provide
coverage
under
a
health
benefit
plan
other
than
public
coverage,
the
district
court
or
the
department
may
enter
an
ex
parte
order
directing
an
employer
to
take
all
actions
necessary
to
enroll
an
obligor’s
dependent
for
coverage
under
a
health
benefit
plan
or
may
include
the
provisions
in
an
ex
parte
income
withholding
order
or
notice
of
income
withholding
pursuant
to
chapter
252D
.
The
child
Child
support
recovery
unit
services
,
where
appropriate,
shall
issue
a
national
medical
support
notice
to
an
employer
within
two
business
days
after
the
date
information
regarding
a
newly
hired
employee
is
entered
into
the
centralized
employee
registry
and
matched
with
a
noncustodial
parent
in
the
case
being
enforced
by
the
unit
child
support
services
,
or
upon
receipt
of
other
employment
information
for
such
parent.
The
department
may
amend
the
information
in
the
ex
parte
order
or
may
amend
or
terminate
the
national
medical
support
notice
regarding
health
insurance
provisions
if
necessary
to
comply
with
health
insurance
requirements
including
but
not
limited
to
the
provisions
of
section
252E.2,
subsection
2
,
or
to
correct
a
mistake
of
fact.
Sec.
901.
Section
252E.5,
subsection
8,
paragraph
g,
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
(3)
If
the
obligor
is
not
enrolled
in
a
health
benefit
plan
or
is
not
enrolled
in
a
health
benefit
plan
that
offers
Senate
File
514,
p.
573
dependent
coverage,
if
more
than
one
plan
with
dependent
coverage
is
offered
by
the
employer,
and
if
the
notice
is
issued
by
the
child
support
recovery
unit
services
,
all
of
the
following
shall
apply:
(a)
If
only
one
of
the
plans
is
accessible
to
the
dependent,
that
plan
shall
be
selected.
If
none
of
the
plans
with
dependent
coverage
is
accessible
to
the
dependent,
the
unit
child
support
services
shall
amend
or
terminate
the
notice.
(b)
If
more
than
one
of
the
plans
is
accessible
to
the
dependent,
the
plan
selected
shall
be
the
plan
that
provides
basic
coverage
for
which
the
employee’s
share
of
the
premium
is
lowest.
(c)
If
more
than
one
of
the
plans
is
accessible
to
the
dependent
but
none
of
the
accessible
plans
provides
basic
coverage,
the
plan
selected
shall
be
a
plan
that
is
accessible
and
for
which
the
employee’s
share
of
the
premium
is
lowest.
(d)
If
the
employee’s
share
of
the
premiums
is
the
same
under
all
plans
described
in
subparagraph
(b)
or
(c),
the
unit
child
support
services
shall
attempt
to
consult
with
the
obligee
when
selecting
the
plan.
If
the
obligee
does
not
respond
within
ten
days
of
the
unit’s
child
support
services’
attempt,
the
unit
child
support
services
shall
select
a
plan
which
shall
be
the
plan’s
default
option,
if
any,
or
the
plan
with
the
lowest
deductibles
and
copayment
requirements.
Sec.
902.
Section
252E.5,
subsection
8,
paragraph
h,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
If
the
dependent
is
or
is
to
be
enrolled,
notify
the
obligor,
the
obligee,
and
the
child
and
furnish
the
obligee
with
necessary
information.
Provide
the
child
support
recovery
unit
services
with
the
type
of
health
benefit
plan
under
which
the
dependent
has
been
enrolled,
including
whether
dental,
optical,
office
visits,
and
prescription
drugs
are
covered
services.
Sec.
903.
Section
252E.6A,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
An
obligor
may
move
to
quash
the
order
to
the
employer
under
section
252E.4
by
following
the
same
procedures
and
alleging
a
mistake
of
a
fact
as
provided
in
section
252D.31
or
as
provided
in
subsection
2
.
If
the
unit
child
support
services
is
enforcing
an
income
withholding
order
and
a
medical
support
Senate
File
514,
p.
574
order
simultaneously,
any
challenge
to
the
income
withholding
order
and
medical
support
enforcement
shall
be
filed
and
heard
simultaneously.
3.
The
employer
shall
comply
with
the
requirements
of
this
chapter
until
the
employer
receives
notice
that
a
motion
to
quash
has
been
granted,
or
that
the
unit
child
support
services
has
amended
or
terminated
the
national
medical
support
notice.
Sec.
904.
Section
252F.1,
Code
2023,
is
amended
to
read
as
follows:
252F.1
Definitions.
As
used
in
this
chapter
unless
the
context
otherwise
requires:
1.
“Administrator”
means
the
administrator
of
the
child
support
recovery
unit
of
the
department
of
human
services
or
the
administrator’s
designee.
2.
1.
“Child”
means
a
person
who
is
less
than
age
eighteen
or
a
person
who
is
age
eighteen
but
less
than
age
nineteen
and
is
engaged
full-time
in
completing
high
school
graduation
or
equivalency
requirements
in
a
manner
which
is
reasonably
expected
to
result
in
completion
of
the
requirements
prior
to
the
person
reaching
age
nineteen.
2.
“Child
support
services”
means
the
same
as
child
support
services
created
in
section
252B.2.
3.
“Department”
means
the
department
of
health
and
human
services.
4.
“Director”
means
the
director
of
health
and
human
services.
3.
5.
“Mother”
means
a
mother
of
the
child
for
whom
paternity
is
being
established.
4.
6.
“Party”
means
a
putative
father
or
a
mother,
as
named
in
an
action.
5.
7.
“Paternity
is
at
issue”
means
any
of
the
following
conditions:
a.
A
child
was
not
born
or
conceived
within
marriage.
b.
A
child
was
born
or
conceived
within
marriage
but
a
court
has
declared
that
the
child
is
not
the
issue
of
the
marriage.
6.
8.
“Paternity
test”
means
and
includes
any
form
of
blood,
tissue,
or
genetic
testing
administered
to
determine
the
biological
father
of
a
child.
Senate
File
514,
p.
575
7.
9.
“Putative
father”
means
a
person
alleged
to
be
the
biological
father
of
a
child.
8.
“Unit”
means
the
child
support
recovery
unit
created
in
section
252B.2
.
Sec.
905.
Section
252F.2,
Code
2023,
is
amended
to
read
as
follows:
252F.2
Jurisdiction.
1.
In
any
case
in
which
the
unit
child
support
services
is
providing
services
pursuant
to
chapter
252B
and
paternity
is
at
issue,
proceedings
may
be
initiated
by
the
unit
child
support
services
pursuant
to
this
chapter
for
the
sole
purpose
of
establishing
paternity
and
any
accrued
or
accruing
child
support
or
medical
support
obligations.
Proceedings
under
this
chapter
are
in
addition
to
other
means
of
establishing
paternity
or
support.
Issues
in
addition
to
establishment
of
paternity
or
support
obligations
shall
not
be
addressed
in
proceedings
initiated
under
this
chapter
.
2.
An
action
to
establish
paternity
and
support
under
this
chapter
may
be
brought
within
the
time
limitations
set
forth
in
section
614.8
.
Sec.
906.
Section
252F.3,
Code
2023,
is
amended
to
read
as
follows:
252F.3
Notice
of
alleged
paternity
and
support
debt
——
conference
——
request
for
hearing.
1.
The
unit
Child
support
services
may
prepare
a
notice
of
alleged
paternity
and
support
debt
to
be
served
on
a
party
if
the
mother
of
the
child
or
a
government
official
with
knowledge
of
the
circumstances
of
possible
paternity
relying
on
government
records
provides
a
written
statement
to
the
department
of
human
services
certifying
in
accordance
with
section
622.1
that
the
putative
father
is
or
may
be
the
biological
father
of
the
child
or
children
involved.
The
notice
shall
be
accompanied
by
a
copy
of
the
statement
and
served
on
the
putative
father
in
accordance
with
rule
of
civil
procedure
1.305.
Service
upon
the
mother
shall
not
constitute
valid
service
upon
the
putative
father.
The
notice
shall
include
or
be
accompanied
by
all
of
the
following:
a.
The
name
of
the
recipient
of
services
under
chapter
252B
and
the
name
and
birth
date
of
the
child
or
children
involved.
Senate
File
514,
p.
576
b.
A
statement
that
the
putative
father
has
been
named
as
the
biological
father
of
the
child
or
children
named.
c.
A
statement
that
if
paternity
is
established,
the
amount
of
the
putative
father’s
monthly
support
obligation
and
the
amount
of
the
support
debt
accrued
and
accruing
will
be
established
in
accordance
with
the
guidelines
established
in
section
598.21B
,
and
the
criteria
established
pursuant
to
section
252B.7A
.
d.
A
statement
that
if
paternity
is
established,
a
party
has
a
duty
to
provide
accrued
and
accruing
medical
support
to
the
child
or
children
in
accordance
with
chapter
252E
.
e.
A
written
explanation
of
the
procedures
for
determining
the
child
support
obligation
and
a
request
for
financial
or
income
information
as
necessary
for
application
of
the
child
support
guidelines
established
pursuant
to
section
598.21B
.
f.
(1)
The
right
of
a
party
to
request
a
conference
with
the
unit
child
support
services
to
discuss
paternity
establishment
and
the
amount
of
support
that
a
party
may
be
required
to
provide,
within
ten
days
of
the
date
of
service
of
the
original
notice
or,
if
paternity
is
contested
and
paternity
testing
is
conducted,
within
ten
days
of
the
date
the
paternity
test
results
are
issued
or
mailed
to
a
party
by
the
unit
child
support
services
.
(2)
A
statement
that
if
a
conference
is
requested,
a
party
shall
have
one
of
the
following
time
frames,
whichever
is
the
latest,
to
send
a
written
request
for
a
court
hearing
on
the
issue
of
support
to
the
unit
child
support
services
:
(a)
Ten
days
from
the
date
set
for
the
conference.
(b)
Twenty
days
from
the
date
of
service
of
the
original
notice.
(c)
If
paternity
was
contested
and
paternity
testing
was
conducted,
and
a
party
does
not
deny
paternity
after
the
testing
or
challenge
the
paternity
test
results,
twenty
days
from
the
date
paternity
test
results
are
issued
or
mailed
by
the
unit
child
support
services
to
the
party.
(3)
A
statement
that
after
the
holding
of
the
conference,
the
unit
child
support
services
shall
issue
a
new
notice
of
alleged
paternity
and
finding
of
financial
responsibility
for
child
support
or
medical
support,
or
both,
to
be
provided
in
Senate
File
514,
p.
577
person
to
each
party
or
sent
to
each
party
by
regular
mail
addressed
to
the
party’s
last
known
address
or,
if
applicable,
to
the
last
known
address
of
the
party’s
attorney.
(4)
A
statement
that
if
the
unit
child
support
services
issues
a
new
notice
of
alleged
paternity
and
finding
of
financial
responsibility
for
child
support
or
medical
support,
or
both,
a
party
shall
have
one
of
the
following
time
frames,
whichever
is
the
latest,
to
send
a
written
request
for
a
court
hearing
on
the
issue
of
support
to
the
unit
child
support
services
:
(a)
Ten
days
from
the
date
of
issuance
of
the
new
notice.
(b)
Twenty
days
from
the
date
of
service
of
the
original
notice.
(c)
If
paternity
was
contested
and
paternity
testing
conducted,
and
a
party
does
not
deny
paternity
after
the
testing
or
challenge
the
paternity
test
results,
twenty
days
from
the
date
the
paternity
test
results
are
issued
or
mailed
to
the
party
by
the
unit
child
support
services
.
g.
A
statement
that
if
a
conference
is
not
requested,
and
a
party
does
not
deny
paternity
or
challenge
the
results
of
any
paternity
testing
conducted
but
objects
to
the
finding
of
financial
responsibility
or
the
amount
of
child
support
or
medical
support,
or
both,
the
party
shall
send
a
written
request
for
a
court
hearing
on
the
issue
of
support
to
the
unit
child
support
services
within
twenty
days
of
the
date
of
service
of
the
original
notice,
or,
if
paternity
was
contested
and
paternity
testing
conducted,
and
a
party
does
not
deny
paternity
after
the
testing
or
challenge
the
paternity
test
results,
within
twenty
days
from
the
date
the
paternity
test
results
are
issued
or
mailed
to
the
party
by
the
unit
child
support
services
,
whichever
is
later.
h.
A
statement
that
if
a
timely
written
request
for
a
hearing
on
the
issue
of
support
is
received
by
the
unit
child
support
services
,
the
party
shall
have
the
right
to
a
hearing
to
be
held
in
district
court
and
that
if
no
timely
written
request
is
received
and
paternity
is
not
contested,
the
administrator
department
shall
enter
an
order
establishing
the
putative
father
as
the
father
of
the
child
or
children
and
establishing
child
support
or
medical
support,
or
both,
in
accordance
with
Senate
File
514,
p.
578
the
notice
of
alleged
paternity
and
support
debt.
i.
A
written
explanation
of
the
rights
and
responsibilities
associated
with
the
establishment
of
paternity.
j.
A
written
explanation
of
a
party’s
right
to
deny
paternity,
the
procedures
for
denying
paternity,
and
the
consequences
of
the
denial.
k.
A
statement
that
if
a
party
contests
paternity,
the
party
shall
have
twenty
days
from
the
date
of
service
of
the
original
notice
to
submit
a
written
denial
of
paternity
to
the
unit
child
support
services
.
l.
A
statement
that
if
paternity
is
contested,
the
unit
child
support
services
shall,
at
the
request
of
the
party
contesting
paternity
or
on
its
own
initiative,
enter
an
administrative
order
requiring
the
putative
father,
mother,
and
child
or
children
involved,
to
submit
to
paternity
testing.
m.
A
statement
that
if
paternity
tests
are
conducted,
the
unit
child
support
services
shall
provide
a
copy
of
the
test
results
to
each
party
in
person
or
send
a
copy
to
each
party
by
regular
mail,
addressed
to
the
party’s
last
known
address,
or,
if
applicable,
to
the
last
known
address
of
the
party’s
attorney.
n.
A
statement
setting
forth
the
time
frames
for
contesting
paternity
after
paternity
tests
are
conducted.
o.
Other
information
as
the
unit
child
support
services
finds
appropriate.
2.
The
time
limitations
established
for
the
notice
provisions
under
subsection
1
are
binding
unless
otherwise
specified
in
this
chapter
or
waived
pursuant
to
section
252F.8
.
3.
a.
If
notice
is
served
on
a
party,
the
unit
child
support
services
shall
file
a
true
copy
of
the
notice
and
the
original
return
of
service
with
the
appropriate
clerk
of
the
district
court
as
follows:
(1)
In
the
county
in
which
the
child
or
children
reside
if
the
action
is
for
purposes
of
establishing
paternity
and
future
child
or
medical
support,
or
both.
(2)
In
the
county
in
which
the
child
or
children
involved
last
received
public
assistance
benefits
in
the
state,
if
the
action
is
for
purposes
of
establishing
paternity
and
child
or
medical
support,
or
both,
only
for
prior
periods
of
time
when
Senate
File
514,
p.
579
the
child
or
children
received
public
assistance,
and
no
ongoing
child
or
medical
support
obligation
is
to
be
established
by
this
action.
(3)
If
the
action
is
the
result
of
a
request
from
another
state
or
foreign
country
to
establish
paternity
of
a
putative
father
located
in
Iowa,
in
the
county
in
which
the
putative
father
resides.
b.
All
subsequent
documents
filed
or
court
hearings
held
related
to
the
action
shall
be
in
the
district
court
in
the
county
in
which
notice
was
filed
pursuant
to
this
subsection
.
The
clerk
shall
file
and
docket
the
action.
4.
A
party
or
the
child
support
recovery
unit
services
may
request
a
court
hearing
regarding
establishment
of
paternity
or
a
determination
of
support,
or
both.
a.
Upon
receipt
of
a
timely
written
response
requesting
a
hearing
or
on
its
own
initiative,
the
unit
child
support
services
shall
certify
the
matter
for
hearing
in
the
district
court
in
the
county
where
the
original
notice
of
alleged
paternity
and
support
debt
is
filed,
in
accordance
with
section
252F.5
.
b.
If
paternity
establishment
was
contested
and
paternity
tests
conducted,
a
court
hearing
on
the
issue
of
paternity
shall
be
held
no
earlier
than
thirty
days
from
the
date
paternity
test
results
are
issued
to
all
parties
by
the
unit
child
support
services
,
unless
the
parties
mutually
agree
to
waive
the
time
frame
pursuant
to
section
252F.8
.
c.
Any
objection
to
the
results
of
paternity
tests
shall
be
filed
no
later
than
twenty
days
after
the
date
paternity
test
results
are
issued
or
mailed
to
each
party
by
the
unit
child
support
services
.
Any
objection
to
paternity
test
results
filed
by
a
party
more
than
twenty
days
after
the
date
paternity
tests
are
issued
or
mailed
to
the
party
by
the
unit
child
support
services
shall
not
be
accepted
or
considered
by
the
court.
5.
If
a
timely
written
response
and
request
for
a
court
hearing
is
not
received
by
the
unit
child
support
services
and
a
party
does
not
deny
paternity,
the
administrator
department
shall
enter
an
order
in
accordance
with
section
252F.4
.
6.
a.
If
a
party
contests
the
establishment
of
paternity,
the
party
shall
submit,
within
twenty
days
of
service
of
the
Senate
File
514,
p.
580
notice
on
the
party
under
subsection
1
,
a
written
statement
contesting
paternity
establishment
to
the
unit
child
support
services
.
Upon
receipt
of
a
written
challenge
of
paternity
establishment,
or
upon
initiation
by
the
unit
child
support
services
,
the
administrator
department
shall
enter
ex
parte
administrative
orders
requiring
the
mother,
child
or
children
involved,
and
the
putative
father
to
submit
to
paternity
testing,
except
that
if
the
mother
and
child
or
children
previously
submitted
blood
or
genetic
specimens
in
a
prior
action
to
establish
paternity
against
a
different
putative
father,
the
previously
submitted
specimens
and
prior
results,
if
available,
may
be
utilized
for
testing
in
this
action.
Either
the
mother
or
putative
father
may
contest
paternity
under
this
chapter
.
b.
The
orders
shall
be
filed
with
the
clerk
of
the
district
court
in
the
county
where
the
notice
was
filed
and
have
the
same
force
and
effect
as
a
court
order
for
paternity
testing.
c.
The
unit
Child
support
services
shall
issue
copies
of
the
respective
administrative
orders
for
paternity
testing
to
the
mother
and
putative
father
in
person,
or
by
regular
mail
to
the
last
known
address
of
each,
or
if
applicable,
to
the
last
known
address
of
the
attorney
for
each.
d.
If
a
paternity
test
is
ordered
under
this
section
,
the
administrator
department
shall
direct
that
inherited
characteristics
be
analyzed
and
interpreted,
and
shall
appoint
an
expert
qualified
as
an
examiner
of
genetic
markers
to
analyze
and
interpret
the
results.
The
test
shall
be
of
a
type
generally
acknowledged
as
reliable
by
accreditation
entities
designated
by
the
secretary
of
the
United
States
department
of
health
and
human
services
and
shall
be
performed
by
a
laboratory
approved
by
an
accreditation
entity.
e.
The
party
contesting
paternity
shall
be
provided
one
opportunity
to
reschedule
the
paternity
testing
appointment
if
the
testing
is
rescheduled
prior
to
the
date
of
the
originally
scheduled
appointment.
f.
An
original
copy
of
the
test
results
shall
be
filed
with
the
clerk
of
the
district
court
in
the
county
where
the
notice
was
filed.
The
child
Child
support
recovery
unit
services
shall
issue
a
copy
of
the
filed
test
results
to
each
party
in
person,
Senate
File
514,
p.
581
or
by
regular
mail
to
the
last
known
address
of
each,
or
if
applicable,
to
the
last
known
address
of
the
attorney
for
each.
However,
if
the
action
is
the
result
of
a
request
from
another
state
or
foreign
country,
the
unit
child
support
services
shall
issue
a
copy
of
the
results
to
the
initiating
agency
in
that
jurisdiction.
g.
Verified
documentation
of
the
chain
of
custody
of
the
blood
or
genetic
specimens
is
competent
evidence
to
establish
the
chain
of
custody.
The
testimony
of
the
appointed
expert
is
not
required.
A
verified
expert’s
report
of
test
results
which
indicate
a
statistical
probability
of
paternity
is
sufficient
authenticity
of
the
expert’s
conclusion.
h.
A
verified
expert’s
report
shall
be
admitted
as
evidence
to
establish
administrative
paternity,
and,
if
a
court
hearing
is
scheduled
to
resolve
the
issue
of
paternity,
shall
be
admitted
as
evidence
and
is
admissible
at
trial.
i.
If
the
verified
expert
concludes
that
the
test
results
show
that
the
putative
father
is
not
excluded
and
that
the
probability
of
the
putative
father’s
paternity
is
ninety-five
percent
or
higher,
there
shall
be
a
rebuttable
presumption
that
the
putative
father
is
the
biological
father,
and
the
evidence
shall
be
sufficient
as
a
basis
for
administrative
establishment
of
paternity.
(1)
In
order
to
challenge
the
presumption
of
paternity,
a
party
shall
file
a
written
notice
of
the
challenge
with
the
district
court
within
twenty
days
from
the
date
the
paternity
test
results
are
issued
or
mailed
to
all
parties
by
the
unit
child
support
services
.
Any
challenge
to
a
presumption
of
paternity
resulting
from
paternity
tests,
or
to
paternity
test
results
filed
after
the
lapse
of
the
twenty-day
time
frame
shall
not
be
accepted
or
admissible
by
the
unit
child
support
services
or
the
court.
(2)
A
copy
of
the
notice
challenging
the
presumption
of
paternity
shall
be
provided
to
any
other
party
in
person,
or
by
mailing
the
notice
to
the
last
known
address
of
each
party,
or
if
applicable,
to
the
last
known
address
of
each
party’s
attorney.
(3)
The
party
challenging
the
presumption
of
paternity
has
the
burden
of
proving
that
the
putative
father
is
not
the
father
Senate
File
514,
p.
582
of
the
child.
(4)
The
presumption
of
paternity
may
be
rebutted
only
by
clear
and
convincing
evidence.
j.
If
the
verified
expert
concludes
that
the
test
results
indicate
that
the
putative
father
is
not
excluded
and
that
the
probability
of
the
putative
father’s
paternity
is
less
than
ninety-five
percent,
the
administrator
department
shall
order
a
subsequent
administrative
paternity
test
or
certify
the
case
to
the
district
court
for
resolution
in
accordance
with
the
procedures
and
time
frames
specified
in
paragraph
“i”
and
section
252F.5
.
k.
If
the
results
of
the
test
or
the
verified
expert’s
analysis
are
timely
challenged
as
provided
in
this
subsection
,
the
administrator
department
,
upon
the
request
of
a
party
and
advance
payment
by
the
contestant
or
upon
the
unit’s
own
initiative
of
child
support
services
,
shall
order
that
an
additional
test
be
performed
by
the
same
laboratory
or
an
independent
laboratory.
If
the
party
requesting
additional
testing
does
not
advance
payment,
the
administrator
department
shall
certify
the
case
to
the
district
court
in
accordance
with
paragraph
“i”
and
section
252F.5
.
l.
When
a
subsequent
paternity
test
is
conducted,
the
time
frames
in
this
chapter
associated
with
paternity
tests
shall
apply
to
the
most
recently
completed
test.
m.
If
the
paternity
test
results
exclude
the
putative
father
as
a
potential
biological
father
of
the
child
or
children,
and
additional
tests
are
not
requested
by
either
party
or
conducted
on
the
unit’s
initiative
of
child
support
services
,
or
if
additional
tests
exclude
the
putative
father
as
a
potential
biological
father,
the
unit
child
support
services
shall
withdraw
its
action
against
the
putative
father
and
shall
file
a
notice
of
the
withdrawal
with
the
clerk
of
the
district
court,
and
shall
provide
a
copy
of
the
notice
to
each
party
in
person,
or
by
regular
mail
sent
to
each
party’s
last
known
address,
or
if
applicable,
the
last
known
address
of
the
party’s
attorney.
n.
Except
as
provided
in
paragraph
“k”
,
the
unit
child
support
services
shall
advance
the
costs
of
genetic
testing.
If
paternity
is
established
and
paternity
testing
was
conducted,
the
unit
child
support
services
shall
enter
an
order
or,
if
the
Senate
File
514,
p.
583
action
proceeded
to
a
court
hearing,
request
that
the
court
enter
a
judgment
for
the
costs
of
the
paternity
tests
consistent
with
applicable
federal
law.
In
a
proceeding
under
this
chapter
,
a
copy
of
a
bill
for
genetic
testing
shall
be
admitted
as
evidence
without
requiring
third-party
foundation
testimony
and
shall
constitute
prima
facie
evidence
of
the
amount
incurred
for
genetic
testing.
Sec.
907.
Section
252F.4,
Code
2023,
is
amended
to
read
as
follows:
252F.4
Entry
of
order.
1.
If
each
party
fails
to
respond
to
the
initial
notice
within
twenty
days
after
the
date
of
service
of
the
notice
or
fails
to
appear
at
a
conference
pursuant
to
section
252F.3
on
the
scheduled
date
of
the
conference,
and
paternity
has
not
been
contested
and
each
party
fails
to
timely
request
a
court
hearing
on
the
issue
of
support,
the
administrator
department
shall
enter
an
order
against
the
parties,
declaring
the
putative
father
to
be
the
legal
father
of
the
child
or
children
involved
and
assessing
any
accrued
and
accruing
child
support
obligation
pursuant
to
the
guidelines
established
under
section
598.21B
,
and
medical
support
pursuant
to
chapter
252E
.
2.
If
paternity
is
contested
pursuant
to
section
252F.3,
subsection
6
,
and
the
party
contesting
paternity
fails
to
appear
for
a
paternity
test
and
fails
to
request
a
rescheduling
pursuant
to
section
252F.3
,
or
fails
to
appear
for
both
the
initial
and
the
rescheduled
paternity
tests
and
each
party
fails
to
timely
request
a
court
hearing
on
the
issue
of
support,
the
administrator
department
shall
enter
an
order
against
the
parties
declaring
the
putative
father
to
be
the
legal
father
of
the
child
or
children
involved
and
assessing
any
accrued
and
accruing
child
support
obligation
pursuant
to
the
guidelines
established
under
section
598.21B
,
and
medical
support
pursuant
to
chapter
252E
.
3.
If
a
conference
pursuant
to
section
252F.3
is
held,
and
paternity
is
not
contested,
and
each
party
fails
to
timely
request
a
court
hearing
on
the
issue
of
support,
the
administrator
department
shall
enter
an
order
against
the
parties
after
the
second
notice
has
been
sent
declaring
the
putative
father
to
be
the
legal
father
of
the
child
or
children
Senate
File
514,
p.
584
involved
and
assessing
any
accrued
and
accruing
child
support
obligation
pursuant
to
the
guidelines
established
under
section
598.21B
,
and
medical
support
pursuant
to
chapter
252E
.
4.
If
paternity
was
contested
and
paternity
testing
was
performed
and
the
putative
father
was
not
excluded,
if
the
test
results
indicate
that
the
probability
of
the
putative
father’s
paternity
is
ninety-five
percent
or
greater,
if
the
test
results
are
not
timely
challenged,
and
if
each
party
fails
to
timely
request
a
court
hearing
on
the
issue
of
support,
the
administrator
department
shall
enter
an
order
against
the
parties
declaring
the
putative
father
to
be
the
legal
father
of
the
child
or
children
involved
and
assessing
any
accrued
and
accruing
child
support
obligation
pursuant
to
the
guidelines
established
under
section
598.21B
,
and
medical
support
pursuant
to
chapter
252E
.
5.
The
administrator
department
shall
establish
a
support
obligation
under
this
section
based
upon
the
best
information
available
to
the
unit
child
support
services
and
pursuant
to
section
252B.7A
.
6.
The
order
shall
contain
all
of
the
following:
a.
A
declaration
of
paternity.
b.
The
amount
of
monthly
support
to
be
paid,
with
direction
as
to
the
manner
of
payment.
c.
The
amount
of
accrued
support.
d.
The
name
of
the
custodial
parent
or
caretaker.
e.
The
name
and
birth
date
of
the
child
or
children
to
whom
the
order
applies.
f.
A
statement
that
property
of
a
party
ordered
to
provide
support
is
subject
to
income
withholding,
liens,
garnishment,
tax
offset,
and
other
collection
actions.
g.
The
medical
support
required
pursuant
to
chapter
598
and
chapter
252E
.
h.
A
statement
that
a
party
who
is
ordered
to
provide
support
is
required
to
inform
the
child
support
recovery
unit
services
,
on
a
continuing
basis,
of
the
name
and
address
of
the
party’s
current
employer,
whether
the
party
has
access
to
health
insurance
coverage
as
required
in
the
order,
and
if
so,
the
health
insurance
policy
information.
i.
If
paternity
was
contested
by
the
putative
father,
the
Senate
File
514,
p.
585
amount
of
any
judgment
assessed
to
the
father
for
costs
of
paternity
tests
conducted
pursuant
to
this
chapter
.
j.
Statements
as
required
pursuant
to
section
598.22B
.
7.
If
paternity
is
not
contested
but
a
party
does
wish
to
challenge
the
issues
of
child
or
medical
support,
the
administrator
department
shall
enter
an
order
establishing
paternity
and
reserving
the
issues
of
child
or
medical
support
for
determination
by
the
district
court.
Sec.
908.
Section
252F.5,
Code
2023,
is
amended
to
read
as
follows:
252F.5
Certification
to
district
court.
1.
Actions
initiated
under
this
chapter
are
not
subject
to
contested
case
proceedings
or
further
review
pursuant
to
chapter
17A
.
2.
An
action
under
this
chapter
may
be
certified
to
the
district
court
if
a
party
timely
contests
paternity
establishment
or
paternity
test
results,
or
if
a
party
requests
a
court
hearing
on
the
issues
of
child
or
medical
support,
or
both,
or
upon
the
initiation
of
the
unit
child
support
services
as
provided
in
this
chapter
.
Review
by
the
district
court
shall
be
an
original
hearing
before
the
court.
3.
In
any
action
brought
under
this
chapter
,
the
action
shall
not
be
certified
to
the
district
court
in
a
contested
paternity
action
unless
all
of
the
following
have
occurred:
a.
Paternity
testing
has
been
completed.
b.
The
results
of
the
paternity
test
have
been
issued
to
all
parties.
c.
A
timely
written
objection
to
paternity
establishment
or
paternity
test
results
has
been
received
from
a
party,
or
a
timely
written
request
for
a
court
hearing
on
the
issue
of
support
has
been
received
from
a
party
by
the
unit
child
support
services
,
or
the
unit
child
support
services
has
requested
a
court
hearing
on
the
unit’s
child
support
services’
own
initiative.
4.
A
matter
shall
be
certified
to
the
district
court
in
the
county
in
which
the
notice
was
filed
pursuant
to
section
252F.3,
subsection
3
.
5.
The
court
shall
set
the
matter
for
hearing
and
notify
the
parties
of
the
time
of
and
place
for
hearing.
Senate
File
514,
p.
586
6.
If
the
court
determines
that
the
putative
father
is
the
legal
father,
the
court
shall
establish
the
amount
of
the
accrued
and
accruing
child
support
pursuant
to
the
guidelines
established
under
section
598.21B
,
and
shall
establish
medical
support
pursuant
to
chapter
252E
.
7.
If
the
putative
father
or
another
party
contesting
paternity
fails
to
appear
at
the
hearing,
upon
a
showing
that
proper
notice
has
been
provided
to
the
party,
the
court
shall
find
the
party
in
default
and
enter
an
appropriate
order
establishing
paternity
and
support.
Sec.
909.
Section
252F.6,
Code
2023,
is
amended
to
read
as
follows:
252F.6
Filing
with
the
district
court.
Following
issuance
of
an
order
by
the
administrator
department
,
the
order
shall
be
presented
to
an
appropriate
district
court
judge
for
review
and
approval.
Unless
a
defect
appears
on
the
face
of
the
order,
the
district
court
shall
approve
the
order.
Upon
approval
by
the
district
court
judge,
the
order
shall
be
filed
in
the
district
court
in
the
county
in
which
the
notice
was
filed
pursuant
to
section
252F.3,
subsection
3
.
Upon
filing,
the
order
has
the
same
force
and
effect
as
a
district
court
order.
Sec.
910.
Section
252F.7,
Code
2023,
is
amended
to
read
as
follows:
252F.7
Report
to
state
registrar
of
vital
records
statistics
.
Upon
the
filing
of
an
order
with
the
district
court
pursuant
to
this
chapter
,
the
clerk
of
the
district
court
shall
report
the
information
from
the
order
to
the
bureau
of
state
registrar
of
vital
records
statistics
in
the
manner
provided
in
section
600B.36
.
Sec.
911.
Section
252F.8,
Code
2023,
is
amended
to
read
as
follows:
252F.8
Waiver
of
time
limitations.
1.
A
putative
father
or
other
party
may
waive
the
time
limitations
established
in
this
chapter
.
2.
If
a
party
does
not
contest
paternity
or
wish
to
request
a
conference
or
court
hearing
on
the
issue
of
support,
upon
receipt
of
a
signed
statement
from
the
putative
father
and
any
other
party
that
may
contest
establishment
of
paternity,
Senate
File
514,
p.
587
waiving
the
time
limitations,
the
administrator
department
shall
enter
an
order
establishing
paternity
and
support
and
the
court
may
approve
the
order,
notwithstanding
the
expiration
of
the
period
of
the
time
limitations
if
paternity
is
established.
3.
If
a
putative
father
or
other
party
waives
the
time
limitations
and
an
order
establishing
paternity
or
determining
support,
or
both,
is
entered
under
this
chapter
,
the
signed
statement
of
the
putative
father
and
other
party
waiving
the
time
limitations
shall
be
filed
with
the
order.
Sec.
912.
Section
252G.1,
Code
2023,
is
amended
to
read
as
follows:
252G.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Business
day”
means
a
day
on
which
state
offices
are
open
for
regular
business.
2.
“Child
support
services”
means
child
support
services
created
in
section
252B.2.
2.
3.
“Compensation”
means
payment
owed
by
the
payor
of
income
for:
a.
Labor
or
services
rendered
by
an
employee
or
contractor
to
the
payor
of
income.
b.
Benefits
including,
but
not
limited
to,
vacation,
holiday,
and
sick
leave,
and
severance
payments
which
are
due
an
employee
under
an
agreement
with
the
employer
or
under
a
policy
of
the
employer.
3.
4.
“Contractor”
means
a
natural
person
who
is
eighteen
years
of
age
or
older,
who
performs
labor
in
this
state
to
whom
a
payor
of
income
makes
payments
which
are
not
subject
to
withholding
and
for
whom
the
payor
of
income
is
required
by
the
internal
revenue
service
to
complete
a
1099-MISC
form.
4.
5.
“Date
of
hire”
means
either
of
the
following:
a.
The
first
day
for
which
an
employee
is
owed
compensation
by
the
payor
of
income.
b.
The
first
day
that
a
contractor
performs
labor
or
services
for
the
payor
of
income.
5.
6.
“Days”
means
calendar
days.
6.
7.
“Department”
means
the
department
of
health
and
human
services.
Senate
File
514,
p.
588
7.
8.
“Dependent”
includes
a
spouse
or
child
or
any
other
person
who
is
in
need
of
and
entitled
to
support
from
a
person
who
is
declared
to
be
legally
liable
for
the
support
of
that
dependent.
8.
9.
“Employee”
means
a
natural
person
who
performs
labor
in
this
state
and
is
employed
by
an
employer
in
this
state
for
compensation
and
for
whom
the
employer
withholds
federal
or
state
tax
liabilities
from
the
employee’s
compensation.
9.
10.
“Employer”
means
a
person
doing
business
in
this
state
who
engages
an
employee
for
compensation
and
for
whom
the
employer
withholds
federal
or
state
tax
liabilities
from
the
employee’s
compensation.
“Employer”
includes
any
governmental
entity
and
any
labor
organization.
10.
11.
“Labor
organization”
means
any
organization
of
any
kind,
or
any
agency,
or
employee
representation
committee
or
plan,
in
which
employees
participate
and
which
exists
for
the
purpose,
in
whole
or
in
part,
of
dealing
with
employers
concerning
grievances,
labor
disputes,
wages,
rates
of
pay,
hours
of
employment,
or
conditions
of
work.
11.
12.
“Natural
person”
means
an
individual
and
not
a
corporation,
government,
business
trust,
estate,
partnership,
proprietorship,
or
other
legal
entity,
however
organized.
12.
13.
“Payor
of
income”
includes
both
an
employer
and
a
person
engaged
in
a
trade
or
business
in
this
state
who
engages
a
contractor
for
compensation.
13.
14.
“Registry”
means
the
central
employee
registry
created
in
section
252G.2
.
14.
15.
“Rehire”
means
the
first
day
for
which
an
employee
is
owed
compensation
by
the
payor
of
income
following
a
termination
of
employment
lasting
a
minimum
of
six
consecutive
weeks.
Termination
of
employment
does
not
include
temporary
separations
from
employment
such
as
unpaid
medical
leave,
an
unpaid
leave
of
absence,
or
a
temporary
layoff.
15.
“Unit”
means
the
child
support
recovery
unit
created
in
section
252B.2
.
Sec.
913.
Section
252G.2,
Code
2023,
is
amended
to
read
as
follows:
252G.2
Establishment
of
central
employee
registry.
By
January
1,
1994,
the
unit
Child
support
services
shall
Senate
File
514,
p.
589
establish
a
centralized
employee
registry
database
for
the
purpose
of
receiving
and
maintaining
information
on
newly
hired
or
rehired
employees
from
employers.
The
unit
Child
support
services
shall
establish
the
database
and
the
department
may
adopt
rules
in
conjunction
with
the
department
of
revenue
and
the
department
of
workforce
development
to
identify
appropriate
uses
of
the
registry
and
to
implement
this
chapter
,
including
implementation
through
the
entering
of
agreements
pursuant
to
chapter
28E
.
Sec.
914.
Section
252G.3,
subsection
3,
paragraphs
b
and
d,
Code
2023,
are
amended
to
read
as
follows:
b.
By
submitting
electronic
media
in
a
format
approved
by
the
unit
child
support
services
in
advance.
d.
By
any
other
means
authorized
by
the
unit
child
support
services
in
advance
if
the
means
will
result
in
timely
reporting.
Sec.
915.
Section
252G.4,
subsection
1,
paragraph
a,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Beginning
January
1,
1994,
a
A
payor
of
income
to
whom
section
252G.3
is
inapplicable,
who
enters
into
an
agreement
for
the
performance
of
services
with
a
contractor,
shall
report
the
contractor
to
the
registry.
Payors
of
income
shall
report
contractors
performing
labor
under
an
agreement
within
fifteen
days
of
the
date
on
which
all
of
the
following
conditions
are
met:
Sec.
916.
Section
252G.4,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
A
payor
of
income
required
to
report
under
this
section
may
report
the
information
required
under
subsection
1
by
any
written
means
authorized
by
the
unit
child
support
services
which
results
in
timely
reporting.
Sec.
917.
Section
252G.5,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
unit
Child
support
services
for
program
administration
of
the
child
support
enforcement
program
,
including
but
not
limited
to
activities
related
to
establishment
and
enforcement
of
child
and
medical
support
obligations
through
administrative
or
judicial
processes,
and
Senate
File
514,
p.
590
other
services
authorized
pursuant
to
chapter
252B
.
Sec.
918.
Section
252G.7,
Code
2023,
is
amended
to
read
as
follows:
252G.7
Data
entry
and
transmitting
centralized
employee
registry
records
to
the
national
new
hire
registry.
The
unit
Child
support
services
shall
enter
new
hire
data
into
the
centralized
employee
directory
database
within
five
business
days
of
receipt
from
employers
and
shall
transmit
the
records
of
the
centralized
employee
registry
to
the
national
directory
of
new
hires
within
three
business
days
after
the
date
information
regarding
a
newly
hired
employee
is
entered
into
the
centralized
employee
registry.
Sec.
919.
Section
252G.8,
Code
2023,
is
amended
to
read
as
follows:
252G.8
Income
withholding
requirements.
Within
two
business
days
after
the
date
information
regarding
a
newly
hired
employee
is
entered
into
the
centralized
employee
registry
and
matched
with
obligors
in
cases
being
enforced
by
the
unit
child
support
services
,
the
unit
child
support
services
shall
transmit
a
notice
to
the
employer
or
payor
of
income
of
the
employee
directing
the
employer
or
payor
of
income
to
withhold
from
the
income
of
the
employee
in
accordance
with
chapter
252D
.
Sec.
920.
Section
252H.1,
Code
2023,
is
amended
to
read
as
follows:
252H.1
Purpose
and
intent.
This
chapter
is
intended
to
provide
a
means
for
state
compliance
with
Tit.
IV-D
of
the
federal
Social
Security
Act,
as
amended,
requiring
states
to
provide
procedures
for
the
review
and
adjustment
of
support
orders
being
enforced
under
Tit.
IV-D
of
the
federal
Social
Security
Act,
and
also
to
provide
an
expedited
modification
process
when
review
and
adjustment
procedures
are
not
required,
appropriate,
or
applicable.
Actions
under
this
chapter
shall
be
initiated
only
by
the
child
support
recovery
unit
services
.
Sec.
921.
Section
252H.2,
Code
2023,
is
amended
to
read
as
follows:
252H.2
Definitions.
1.
As
used
in
this
chapter
,
unless
the
context
otherwise
Senate
File
514,
p.
591
requires,
“administrator”
,
“caretaker”
,
“court
order”
,
“department”
,
“dependent
child”
,
“medical
support”
,
and
“responsible
person”
mean
the
same
as
defined
in
section
252C.1
.
2.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
a.
“Act”
means
the
federal
Social
Security
Act.
b.
“Adjustment”
applies
only
to
the
child
support
provisions
of
a
support
order
and
means
either
of
the
following:
(1)
A
change
in
the
amount
of
child
support
based
upon
an
application
of
the
child
support
guidelines
established
pursuant
to
section
598.21B
.
(2)
An
addition
of
or
change
to
provisions
for
medical
support
as
provided
in
chapter
252E
.
c.
“Child”
means
a
child
as
defined
in
section
252B.1
.
d.
“Child
support
agency”
means
any
state,
county,
or
local
office
or
entity
of
another
state
that
has
the
responsibility
for
providing
child
support
enforcement
services
under
Tit.
IV-D
of
the
Act.
e.
“Child
support
recovery
unit”
or
“unit”
“Child
support
services”
means
the
child
support
recovery
unit
services
created
pursuant
to
in
section
252B.2
.
f.
“Cost-of-living
alteration”
means
a
change
in
an
existing
child
support
order
which
equals
an
amount
which
is
the
amount
of
the
support
obligation
following
application
of
the
percentage
change
of
the
consumer
price
index
for
all
urban
consumers,
United
States
city
average,
as
published
in
the
federal
register
by
the
federal
department
of
labor,
bureau
of
labor
statistics.
g.
“Determination
of
controlling
order”
means
the
process
of
identifying
a
child
support
order
which
must
be
recognized
pursuant
to
section
252K.207
and
28
U.S.C.
§1738B,
when
more
than
one
state
has
issued
a
support
order
for
the
same
child
and
the
same
obligor,
and
may
include
a
reconciliation
of
arrearages
with
information
related
to
the
calculation.
Registration
of
an
order
of
another
state
or
foreign
country
is
not
necessary
for
a
court
or
the
unit
child
support
services
to
make
a
determination
of
controlling
order.
h.
“Modification”
means
either
of
the
following:
(1)
A
change,
correction,
or
termination
of
an
existing
Senate
File
514,
p.
592
support
order.
(2)
The
establishment
of
a
child
or
medical
support
obligation
in
a
previously
established
order
entered
pursuant
to
chapter
234
,
252A
,
252C
,
598
,
600B
,
or
any
other
support
proceeding,
in
which
such
support
was
not
previously
established,
or
in
which
support
was
previously
established
and
subsequently
terminated
prior
to
the
emancipation
of
the
children
affected.
i.
“Parent”
means,
for
the
purposes
of
requesting
a
review
of
a
support
order
and
for
being
entitled
to
notice
under
this
chapter
:
(1)
The
individual
ordered
to
pay
support
pursuant
to
the
order.
(2)
An
individual
or
entity
entitled
to
receive
current
or
future
support
payments
pursuant
to
the
order,
or
pursuant
to
a
current
assignment
of
support
including
but
not
limited
to
an
agency
of
this
or
any
other
state
that
is
currently
providing
public
assistance
benefits
to
the
child
for
whom
support
is
ordered
and
any
child
support
agency.
Service
of
notice
of
an
action
initiated
under
this
chapter
on
an
agency
is
not
required,
but
the
agency
may
be
advised
of
the
action
by
other
means.
j.
“Public
assistance”
means
benefits
received
in
this
state
or
any
other
state,
under
Tit.
IV-A
(temporary
assistance
to
needy
families),
IV-E
(foster
care),
or
XIX
(Medicaid)
of
the
Act.
k.
“Review”
means
an
objective
evaluation
conducted
through
a
proceeding
before
a
court,
administrative
body,
or
an
agency,
of
information
necessary
for
the
application
of
a
state’s
mandatory
child
support
guidelines
to
determine:
(1)
The
appropriate
monetary
amount
of
support.
(2)
Provisions
for
medical
support.
l.
“State”
means
“state”
as
defined
in
chapter
252K
.
m.
“Support
order”
means
an
order
for
support
issued
pursuant
to
this
chapter
,
chapter
232
,
234
,
252A
,
252C
,
252E
,
252F
,
598
,
600B
,
or
any
other
applicable
chapter,
or
under
a
comparable
statute
of
another
state
or
foreign
country
as
registered
with
the
clerk
of
court
or
certified
to
the
child
support
recovery
unit
services
.
Senate
File
514,
p.
593
Sec.
922.
Section
252H.3,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
Nonsupport
issues
shall
not
be
considered
by
the
unit
child
support
services
or
the
court
in
any
action
resulting
under
this
chapter
.
3.
Actions
initiated
by
the
unit
child
support
services
under
this
chapter
shall
not
be
subject
to
contested
case
proceedings
or
further
review
pursuant
to
chapter
17A
and
resulting
court
hearings
following
certification
shall
be
an
original
hearing
before
the
district
court.
Sec.
923.
Section
252H.4,
Code
2023,
is
amended
to
read
as
follows:
252H.4
Role
of
the
child
support
recovery
unit
services
.
1.
The
unit
Child
support
services
may
administratively
adjust
or
modify
or
may
provide
for
an
administrative
cost-of-living
alteration
of
a
support
order
entered
under
chapter
234
,
252A
,
252C
,
598
,
or
600B
,
or
any
other
support
chapter
if
the
unit
child
support
services
is
providing
enforcement
services
pursuant
to
chapter
252B
.
The
unit
Child
support
services
is
not
required
to
intervene
to
administratively
adjust
or
modify
or
provide
for
an
administrative
cost-of-living
alteration
of
a
support
order
under
this
chapter
.
2.
The
unit
Child
support
services
is
a
party
to
an
action
initiated
pursuant
to
this
chapter
.
3.
The
unit
Child
support
services
shall
conduct
a
review
to
determine
whether
an
adjustment
is
appropriate
or,
upon
the
request
of
a
parent
or
upon
the
unit’s
child
support
services’
own
initiative,
determine
whether
a
modification
is
appropriate.
4.
The
unit
Child
support
services
shall
adopt
rules
pursuant
to
chapter
17A
to
establish
the
process
for
the
review
of
requests
for
adjustment,
the
criteria
and
procedures
for
conducting
a
review
and
determining
when
an
adjustment
is
appropriate,
the
procedure
and
criteria
for
a
cost-of-living
alteration,
the
criteria
and
procedure
for
a
request
for
review
pursuant
to
section
252H.18A
,
and
other
rules
necessary
to
implement
this
chapter
.
5.
Legal
representation
of
the
unit
child
support
services
Senate
File
514,
p.
594
shall
be
provided
pursuant
to
section
252B.7,
subsection
4
.
Sec.
924.
Section
252H.5,
Code
2023,
is
amended
to
read
as
follows:
252H.5
Fees
and
cost
recovery
for
review
——
adjustment
——
modification.
1.
Unless
the
unit
child
support
services
is
already
providing
support
enforcement
service
pursuant
to
chapter
252B
,
a
parent
ordered
to
provide
support,
who
requests
a
review
of
a
support
order
under
subchapter
II
,
shall
file
an
application
for
services
pursuant
to
section
252B.4
.
2.
A
parent
requesting
a
service
shall
pay
the
fee
established
for
that
service
as
established
under
this
subsection
.
The
fees
established
are
not
applicable
to
a
parent
who
as
a
condition
of
eligibility
for
receiving
public
assistance
benefits
has
assigned
the
rights
to
child
or
medical
support
for
the
order
to
be
reviewed.
The
following
fees
shall
be
paid
for
the
following
services:
a.
A
fee
for
conducting
the
review,
to
be
paid
at
the
time
the
request
for
review
is
submitted
to
the
unit
child
support
services
.
If
the
request
for
review
is
denied
for
any
reason,
the
fee
shall
be
refunded
to
the
parent
making
the
request.
Any
request
submitted
without
full
payment
of
the
fee
shall
be
denied.
b.
A
fee
for
a
second
review
requested
pursuant
to
section
252H.17
,
to
be
paid
at
the
time
the
request
for
the
second
review
is
submitted
to
the
unit
child
support
services
.
Any
request
submitted
without
full
payment
of
the
fee
shall
be
denied.
c.
A
fee
for
activities
performed
by
the
unit
child
support
services
in
association
with
a
court
hearing
requested
pursuant
to
section
252H.8
.
d.
A
fee
for
activities
performed
by
the
unit
child
support
services
in
entering
an
administrative
order
to
adjust
support
when
neither
parent
requests
a
court
hearing
pursuant
to
section
252H.8
.
The
fee
shall
be
paid
during
the
postreview
waiting
period
under
section
252H.17
.
If
the
fee
is
not
paid
in
full
during
the
postreview
notice
period,
further
action
shall
not
be
taken
by
the
unit
child
support
services
to
adjust
the
order
unless
the
parent
not
requesting
the
adjustment
pays
the
fee
Senate
File
514,
p.
595
in
full
during
the
postreview
waiting
period,
or
unless
the
children
affected
by
the
order
reviewed
are
currently
receiving
public
assistance
benefits
and
the
proposed
adjustment
would
result
in
either
an
increase
in
the
amount
of
support
or
in
provisions
for
medical
support
for
the
children.
e.
A
fee
for
conducting
a
conference
requested
pursuant
to
section
252H.20
.
3.
A
parent
who
requests
a
review
of
a
support
order
pursuant
to
section
252H.13
,
shall
pay
any
service
of
process
fees
for
service
or
attempted
service
of
the
notice
required
in
section
252H.15
.
The
unit
Child
support
services
shall
not
proceed
to
conduct
a
review
pursuant
to
section
252H.16
until
service
of
process
fees
have
been
paid
in
full.
The
service
of
process
fee
requirement
of
this
subsection
is
not
applicable
to
a
parent
who
as
a
condition
of
eligibility
for
public
assistance
benefits
has
assigned
the
rights
to
child
or
medical
support
for
the
order
to
be
reviewed.
Service
of
process
fees
charged
by
a
person
other
than
the
unit
child
support
services
are
distinct
from
any
other
fees
and
recovery
of
costs
provided
for
in
this
section
.
4.
The
unit
Child
support
services
shall,
consistent
with
applicable
federal
law,
recover
administrative
costs
in
excess
of
any
fees
collected
pursuant
to
subsections
2
and
3
for
providing
services
under
this
chapter
and
shall
adopt
rules
providing
for
collection
of
fees
for
administrative
costs.
5.
The
unit
Child
support
services
shall
adopt
rules
pursuant
to
chapter
17A
to
establish
procedures
and
criteria
to
determine
the
amount
of
any
fees
specified
in
this
section
and
the
administrative
costs
in
excess
of
these
fees.
Sec.
925.
Section
252H.6,
Code
2023,
is
amended
to
read
as
follows:
252H.6
Collection
of
information.
The
unit
Child
support
services
may
request,
obtain,
and
validate
information
concerning
the
financial
circumstances
of
the
parents
of
a
child
as
necessary
to
determine
the
appropriate
amount
of
support
pursuant
to
the
guidelines
established
in
section
598.21B
,
including
but
not
limited
to
those
sources
and
procedures
described
in
sections
252B.7A
and
252B.9
.
The
collection
of
information
does
not
constitute
a
review
Senate
File
514,
p.
596
conducted
pursuant
to
section
252H.16
.
Sec.
926.
Section
252H.7,
Code
2023,
is
amended
to
read
as
follows:
252H.7
Waiver
of
notice
periods
and
time
limitations.
1.
A
parent
may
waive
the
fifteen-day
prereview
waiting
period
provided
for
in
section
252H.16
.
a.
Upon
receipt
of
signed
requests
from
both
parents
waiving
the
prereview
waiting
period,
the
unit
child
support
services
may
conduct
a
review
of
the
support
order
prior
to
the
expiration
of
the
fifteen-day
period
provided
in
section
252H.16
.
b.
If
the
parents
jointly
waive
the
prereview
waiting
period
and
the
order
under
review
is
subsequently
adjusted,
the
signed
statements
of
both
parents
waiving
the
waiting
period
shall
be
filed
in
the
court
record
with
the
order
adjusting
the
support
obligation.
2.
A
parent
may
waive
the
postreview
waiting
period
provided
for
in
section
252H.8,
subsection
2
or
7
,
for
a
court
hearing
or
in
section
252H.17
for
requesting
of
a
second
review.
a.
Upon
receipt
of
signed
requests
from
both
parents
subject
to
the
order
reviewed,
waiving
the
postreview
waiting
period,
the
unit
child
support
services
may
enter
an
administrative
order
adjusting
the
support
order,
if
appropriate,
prior
to
the
expiration
of
the
postreview
waiting
period.
b.
If
the
parents
jointly
waive
the
postreview
waiting
period
and
an
administrative
order
to
adjust
the
support
order
is
entered,
the
signed
statements
of
both
parents
waiving
the
waiting
period
shall
be
filed
in
the
court
record
with
the
administrative
order
adjusting
the
support
obligation.
3.
A
parent
may
waive
the
time
limitations
established
in
section
252H.8,
subsection
3
,
for
requesting
a
court
hearing,
or
in
section
252H.20
for
requesting
a
conference.
a.
Upon
receipt
of
signed
requests
from
both
parents
who
are
subject
to
the
order
to
be
modified,
waiving
the
time
limitations,
the
unit
child
support
services
may
proceed
to
enter
an
administrative
modification
order.
b.
If
the
parents
jointly
waive
the
time
limitations
and
an
administrative
modification
order
is
entered
under
this
chapter
,
the
signed
statements
of
both
parents
waiving
the
Senate
File
514,
p.
597
time
limitations
shall
be
filed
in
the
court
record
with
the
administrative
modification
order.
Sec.
927.
Section
252H.8,
Code
2023,
is
amended
to
read
as
follows:
252H.8
Certification
to
court
——
hearing
——
default.
1.
For
actions
initiated
under
section
252H.15
,
either
parent
or
the
unit
child
support
services
may
request
a
court
hearing
within
fifteen
days
from
the
date
of
issuance
of
the
notice
of
decision
under
section
252H.16
,
or
within
ten
days
of
the
date
of
issuance
of
the
second
notice
of
decision
under
section
252H.17
,
whichever
is
later.
2.
For
actions
initiated
under
section
252H.14A
,
either
parent
or
the
unit
child
support
services
may
request
a
court
hearing
within
ten
days
of
the
issuance
of
the
second
notice
of
decision
under
section
252H.17
.
3.
For
actions
initiated
under
subchapter
III
,
either
parent
or
the
unit
child
support
services
may
request
a
court
hearing
within
the
latest
of
any
of
the
following
time
periods:
a.
Twenty
days
from
the
date
of
successful
service
of
the
notice
of
intent
to
modify
required
under
section
252H.19
.
b.
Ten
days
from
the
date
scheduled
for
a
conference
to
discuss
the
modification
action.
c.
Ten
days
from
the
date
of
issuance
of
a
second
notice
of
a
proposed
modification
action.
4.
The
time
limitations
for
requesting
a
court
hearing
under
this
section
may
be
extended
by
the
unit
child
support
services
.
5.
If
a
timely
written
request
for
a
hearing
is
received
by
the
unit
child
support
services
,
a
hearing
shall
be
held
in
district
court,
and
the
unit
child
support
services
shall
certify
the
matter
to
the
district
court
in
the
county
in
which
the
order
subject
to
adjustment
or
modification
is
filed.
The
certification
shall
include
the
following,
as
applicable:
a.
Copies
of
the
notice
of
intent
to
review
or
notice
of
intent
to
modify.
b.
The
return
of
service,
proof
of
service,
acceptance
of
service,
or
signed
statement
by
the
parent
requesting
review
and
adjustment
or
requesting
modification,
waiving
service
of
the
notice.
c.
Copies
of
the
notice
of
decision
and
any
revised
notice
Senate
File
514,
p.
598
as
provided
in
section
252H.16
.
d.
Copies
of
any
written
objections
to
and
request
for
a
second
review
or
conference
or
hearing.
e.
Copies
of
any
second
notice
of
decision
issued
pursuant
to
section
252H.17
,
or
second
notice
of
proposed
modification
action
issued
pursuant
to
section
252H.20
.
f.
Copies
of
any
financial
statements
and
supporting
documentation
provided
by
the
parents
including
proof
of
a
substantial
change
in
circumstances
for
a
request
filed
pursuant
to
section
252H.18A
.
g.
Copies
of
any
computation
worksheet
prepared
by
the
unit
child
support
services
to
determine
the
amount
of
support
calculated
using
the
mandatory
child
support
guidelines
established
under
section
598.21B
,
and,
if
appropriate
and
the
social
security
disability
provisions
of
sections
598.22
and
598.22C
apply,
a
determination
of
the
amount
of
delinquent
support
due.
h.
A
certified
copy
of
each
order,
issued
by
another
state
or
foreign
country,
considered
in
determining
the
controlling
order.
6.
The
court
shall
set
the
matter
for
hearing
and
notify
the
parties
of
the
time
and
place
of
the
hearing.
7.
For
actions
initiated
under
section
252H.15
,
a
hearing
shall
not
be
held
for
at
least
sixteen
days
following
the
date
of
issuance
of
the
notice
of
decision
unless
the
parents
have
jointly
waived,
in
writing,
the
fifteen-day
postreview
period.
8.
Pursuant
to
section
252H.3
,
the
district
court
shall
review
the
matter
as
an
original
hearing
before
the
court.
9.
Issues
subject
to
review
by
the
court
in
any
hearing
resulting
from
an
action
initiated
under
this
chapter
shall
be
limited
to
the
issues
identified
in
section
252H.3
.
10.
Notwithstanding
any
other
law
to
the
contrary,
if
more
than
one
support
order
exists
involving
children
with
the
same
legally
established
parents,
one
hearing
on
all
of
the
affected
support
orders
shall
be
held
in
the
district
court
in
the
county
where
the
unit
child
support
services
files
the
action.
For
the
purposes
of
this
subsection
,
the
district
court
hearing
the
matter
shall
have
jurisdiction
over
all
other
support
orders
entered
by
a
court
of
this
state
and
affected
under
this
Senate
File
514,
p.
599
subsection
.
11.
The
court
shall
establish
the
amount
of
child
support
pursuant
to
section
598.21B
,
or
medical
support
pursuant
to
chapter
252E
,
or
both.
12.
If
a
party
fails
to
appear
at
the
hearing,
upon
a
showing
of
proper
notice
to
the
party,
the
court
may
find
the
party
in
default
and
enter
an
appropriate
order.
Sec.
928.
Section
252H.9,
Code
2023,
is
amended
to
read
as
follows:
252H.9
Filing
and
docketing
of
administrative
adjustment
or
modification
order
——
order
effective
as
district
court
order.
1.
If
timely
request
for
a
court
hearing
is
not
made
pursuant
to
section
252H.8
,
the
unit
child
support
services
shall
prepare
and
present
an
administrative
order
for
adjustment
or
modification,
as
applicable,
for
review
and
approval,
ex
parte,
to
the
district
court
where
the
order
to
be
adjusted
or
modified
is
filed.
Notwithstanding
any
other
law
to
the
contrary,
if
more
than
one
support
order
exists
involving
children
with
the
same
legally
established
parents,
for
the
purposes
of
this
subsection
,
the
district
court
reviewing
and
approving
the
matter
shall
have
jurisdiction
over
all
other
support
orders
entered
by
a
court
of
this
state
and
affected
under
this
subsection
.
2.
For
orders
to
which
subchapter
II
or
III
is
applicable,
the
unit
child
support
services
shall
determine
the
appropriate
amount
of
the
child
support
obligation
using
the
current
child
support
guidelines
established
pursuant
to
section
598.21B
and
the
criteria
established
pursuant
to
section
252B.7A
and
shall
determine
the
provisions
for
medical
support
pursuant
to
chapter
252E
.
3.
The
administrative
order
prepared
by
the
unit
child
support
services
shall
specify
all
of
the
following:
a.
The
amount
of
support
to
be
paid
and
the
manner
of
payment.
b.
The
name
of
the
custodian
of
any
child
for
whom
support
is
to
be
paid.
c.
The
name
of
the
parent
ordered
to
pay
support.
d.
The
name
and
birth
date
of
any
child
for
whom
support
is
to
be
paid.
Senate
File
514,
p.
600
e.
That
the
property
of
the
responsible
person
is
subject
to
collection
action,
including
but
not
limited
to
wage
withholding,
garnishment,
attachment
of
a
lien,
and
other
methods
of
execution.
f.
Provisions
for
medical
support.
g.
If
applicable,
the
order
determined
to
be
the
controlling
order.
h.
If
applicable,
the
amount
of
delinquent
support
due
based
upon
the
receipt
of
social
security
disability
payments
as
provided
in
sections
598.22
and
598.22C
.
4.
Supporting
documents
as
described
in
section
252H.8,
subsection
5
,
may
be
presented
to
the
court
with
the
administrative
order,
as
applicable.
5.
Unless
defects
appear
on
the
face
of
the
order
or
on
the
attachments,
the
district
court
shall
approve
the
order.
Upon
filing,
the
approved
order
shall
have
the
same
force,
effect,
and
attributes
of
an
order
of
the
district
court.
6.
Upon
filing,
the
clerk
of
the
district
court
shall
enter
the
order
in
the
judgment
docket
and
judgment
lien
index.
7.
A
copy
of
the
order
shall
be
sent
by
regular
mail
within
fourteen
days
after
filing
to
each
parent’s
last
known
address,
or
if
applicable,
to
the
last
known
address
of
the
parent’s
attorney.
8.
The
order
is
final,
and
action
by
the
unit
child
support
services
to
enforce
and
collect
upon
the
order,
including
arrearages
and
medical
support,
or
both,
may
be
taken
from
the
date
of
the
entry
of
the
order
by
the
district
court.
Sec.
929.
Section
252H.10,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
periodic
due
date
established
under
a
prior
order
for
payment
of
child
support
shall
not
be
changed
in
any
order
modified
as
a
result
of
an
action
initiated
under
this
chapter
,
unless
the
child
support
recovery
unit
services
or
the
court
determines
that
good
cause
exists
to
change
the
periodic
due
date.
If
the
unit
child
support
services
or
the
court
determines
that
good
cause
exists,
the
unit
child
support
services
or
the
court
shall
include
the
rationale
for
the
change
in
the
modified
order
and
shall
address
the
issue
of
reconciliation
of
any
payments
due
or
made
under
a
prior
order
Senate
File
514,
p.
601
which
would
result
in
payment
of
the
child
support
obligation
under
both
the
prior
and
the
modified
orders.
Sec.
930.
Section
252H.11,
Code
2023,
is
amended
to
read
as
follows:
252H.11
Concurrent
actions.
This
chapter
does
not
prohibit
or
affect
the
ability
or
right
of
a
parent
or
the
parent’s
attorney
to
file
a
modification
action
at
the
parent’s
own
initiative.
If
a
modification
action
is
filed
by
a
parent
concerning
an
order
for
which
an
action
has
been
initiated
but
has
not
yet
been
completed
by
the
unit
child
support
services
under
this
chapter
,
the
unit
child
support
services
shall
terminate
any
action
initiated
under
this
chapter
,
subject
to
the
following:
1.
The
modification
action
filed
by
the
parent
must
address
the
same
issues
as
the
action
initiated
under
this
chapter
.
2.
If
the
modification
action
filed
by
the
parent
is
subsequently
dismissed
before
being
heard
by
the
court,
the
unit
child
support
services
shall
continue
the
action
previously
initiated
under
subchapter
II
or
III
,
or
initiate
a
new
action
as
follows:
a.
If
the
unit
child
support
services
previously
initiated
an
action
under
subchapter
II
,
and
had
not
issued
a
notice
of
decision
as
required
under
section
252H.14A
or
252H.16
,
the
unit
child
support
services
shall
proceed
as
follows:
(1)
If
notice
of
intent
to
review
was
served
ninety
days
or
less
prior
to
the
date
the
modification
action
filed
by
the
parent
is
dismissed,
the
unit
child
support
services
shall
complete
the
review
and
issue
the
notice
of
decision.
(2)
If
the
modification
action
filed
by
the
parent
is
dismissed
more
than
ninety
days
after
the
original
notice
of
intent
to
review
was
served,
the
unit
child
support
services
shall
serve
or
issue
a
new
notice
of
intent
to
review
and
conduct
the
review.
(3)
If
the
unit
child
support
services
initiated
a
review
under
section
252H.14A
,
the
unit
child
support
services
may
issue
the
notice
of
decision.
b.
If
the
unit
child
support
services
previously
initiated
an
action
under
subchapter
II
and
had
issued
the
notice
of
decision
as
required
under
section
252H.14A
or
252H.16
,
the
unit
Senate
File
514,
p.
602
child
support
services
shall
proceed
as
follows:
(1)
If
the
notice
of
decision
was
issued
ninety
days
or
less
prior
to
the
date
the
modification
action
filed
by
the
parent
is
dismissed,
the
unit
child
support
services
shall
request,
obtain,
and
verify
any
new
or
different
information
concerning
the
financial
circumstances
of
the
parents
and
issue
a
revised
notice
of
decision
to
each
parent,
or
if
applicable,
to
the
parent’s
attorney.
(2)
If
the
modification
action
filed
by
the
parent
is
dismissed
more
than
ninety
days
after
the
date
of
issuance
of
the
notice
of
decision,
the
unit
child
support
services
shall
serve
or
issue
a
new
notice
of
intent
to
review
pursuant
to
section
252H.15
and
conduct
a
review
pursuant
to
section
252H.16
,
or
conduct
a
review
and
serve
a
new
notice
of
decision
under
section
252H.14A
.
c.
If
the
unit
child
support
services
previously
initiated
an
action
under
subchapter
III
,
the
unit
child
support
services
shall
proceed
as
follows:
(1)
If
the
modification
action
filed
by
the
parent
is
dismissed
more
than
ninety
days
after
the
original
notice
of
intent
to
modify
was
served,
the
unit
child
support
services
shall
serve
a
new
notice
of
intent
to
modify
pursuant
to
section
252H.19
.
(2)
If
the
modification
action
filed
by
the
parent
is
dismissed
ninety
days
or
less
after
the
original
notice
of
intent
to
modify
was
served,
the
unit
child
support
services
shall
complete
the
original
modification
action
initiated
by
the
unit
child
support
services
under
this
subchapter
.
(3)
Each
parent
shall
be
allowed
at
least
twenty
days
from
the
date
the
administrative
modification
action
is
reinstated
to
request
a
court
hearing
as
provided
for
in
section
252H.8
.
3.
If
an
action
initiated
under
this
chapter
is
terminated
as
the
result
of
a
concurrent
modification
action
filed
by
one
of
the
parents
or
the
parent’s
attorney,
the
unit
child
support
services
shall
advise
each
parent,
or
if
applicable,
the
parent’s
attorney,
in
writing,
that
the
action
has
been
terminated
and
the
provisions
of
subsection
2
of
this
section
for
continuing
or
initiating
a
new
action
under
this
chapter
.
The
notice
shall
be
issued
by
regular
mail
to
the
last
known
Senate
File
514,
p.
603
mailing
address
of
each
parent,
or
if
applicable,
each
parent’s
attorney.
4.
If
an
action
initiated
under
this
chapter
by
the
unit
child
support
services
is
terminated
as
the
result
of
a
concurrent
action
filed
by
one
of
the
parents
and
is
subsequently
reinstated
because
the
modification
action
filed
by
the
parent
is
dismissed,
the
unit
child
support
services
shall
advise
each
parent,
or
if
applicable,
each
parent’s
attorney,
in
writing,
that
the
unit
child
support
services
is
continuing
the
prior
administrative
adjustment
or
modification
action.
The
notice
shall
be
issued
by
regular
mail
to
the
last
known
mailing
address
of
each
parent,
or
if
applicable,
each
parent’s
attorney.
Sec.
931.
Section
252H.12,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
unit
Child
support
services
is
providing
enforcement
services
for
the
ongoing
support
obligation
pursuant
to
chapter
252B
.
Sec.
932.
Section
252H.13,
Code
2023,
is
amended
to
read
as
follows:
252H.13
Right
to
request
review.
A
parent
shall
have
the
right
to
request
the
review
of
a
support
order
for
which
the
unit
child
support
services
is
currently
providing
enforcement
services
of
an
ongoing
child
support
obligation
pursuant
to
chapter
252B
including
by
objecting
to
a
cost-of-living
alteration
pursuant
to
section
252H.24,
subsections
1
and
2
.
Sec.
933.
Section
252H.14,
Code
2023,
is
amended
to
read
as
follows:
252H.14
Reviews
initiated
by
the
child
support
recovery
unit
services
.
1.
The
unit
Child
support
services
may
periodically
initiate
a
review
of
support
orders
meeting
the
conditions
in
section
252H.12
in
accordance
with
the
following:
a.
The
right
to
any
ongoing
child
support
obligation
is
currently
assigned
to
the
state
due
to
the
receipt
of
public
assistance.
b.
The
support
order
does
not
already
include
provisions
for
medical
support.
Senate
File
514,
p.
604
c.
The
review
is
otherwise
necessary
to
comply
with
the
Act.
2.
The
unit
Child
support
services
may
periodically
initiate
a
request
to
a
child
support
agency
of
another
state
or
to
a
foreign
country
to
conduct
a
review
of
a
support
order
when
the
right
to
any
ongoing
child
or
medical
support
obligation
due
under
the
order
is
currently
assigned
to
the
state
of
Iowa
or
if
the
order
does
not
include
provisions
for
medical
support.
3.
The
unit
Child
support
services
shall
adopt
rules
establishing
criteria
to
determine
the
appropriateness
of
initiating
a
review.
4.
The
unit
Child
support
services
shall
initiate
reviews
under
this
section
in
accordance
with
the
Act.
Sec.
934.
Section
252H.14A,
Code
2023,
is
amended
to
read
as
follows:
252H.14A
Reviews
initiated
by
the
child
support
recovery
unit
services
——
abbreviated
method.
1.
Notwithstanding
section
252H.15
,
the
unit
child
support
services
may
use
procedures
under
this
section
to
review
a
support
order
if
all
the
following
apply:
a.
One
of
the
following
applies:
(1)
The
right
to
ongoing
child
support
is
assigned
to
the
state
of
Iowa
due
to
the
receipt
of
family
investment
program
assistance,
and
a
review
of
the
support
order
is
required
under
section
7302
of
the
federal
Deficit
Reduction
Act
of
2005,
Pub.
L.
No.
109-171.
(2)
A
parent
requests
a
review,
provides
the
unit
child
support
services
with
financial
information
as
part
of
that
request,
and
the
order
meets
the
criteria
for
review
under
this
subchapter
.
b.
The
unit
Child
support
services
has
access
to
information
concerning
the
financial
circumstances
of
each
parent
and
one
of
the
following
applies:
(1)
The
parent
is
a
recipient
of
family
investment
program
assistance,
medical
assistance,
or
food
supplemental
nutrition
assistance
program
assistance
from
the
department.
(2)
The
parent’s
income
is
from
supplemental
security
income
paid
pursuant
to
42
U.S.C.
§1381a.
(3)
The
parent
is
a
recipient
of
disability
benefits
under
the
Act
because
of
the
parent’s
disability.
Senate
File
514,
p.
605
(4)
The
parent
is
an
inmate
of
an
institution
under
the
control
of
the
department
of
corrections.
(5)
The
unit
Child
support
services
has
access
to
information
described
in
section
252B.7A,
subsection
1
,
paragraph
“c”
.
2.
If
the
conditions
of
subsection
1
are
met,
the
unit
child
support
services
may
conduct
a
review
and
determine
whether
an
adjustment
is
appropriate
using
information
accessible
by
the
unit
child
support
services
without
issuing
a
notice
under
section
252H.15
or
requesting
additional
information
from
the
parent.
3.
Upon
completion
of
the
review,
the
unit
child
support
services
shall
issue
a
notice
of
decision
to
each
parent,
or
if
applicable,
to
each
parent’s
attorney.
The
notice
shall
be
served
in
accordance
with
the
rules
of
civil
procedure
or
as
provided
in
section
252B.26
,
except
that
a
parent
requesting
a
review
pursuant
to
section
252H.13
shall
waive
the
right
to
personal
service
of
the
notice
in
writing
and
accept
service
by
regular
mail.
If
the
service
by
regular
mail
does
not
occur
within
ninety
days
of
the
written
waiver
of
personal
service,
personal
service
of
the
notice
is
required
unless
a
new
waiver
of
personal
service
is
obtained.
4.
All
of
the
following
shall
be
included
in
the
notice
of
decision:
a.
The
legal
basis
and
purpose
of
the
action,
including
an
explanation
of
the
procedures
for
determining
child
support,
the
criteria
for
determining
the
appropriateness
of
an
adjustment,
and
a
statement
that
the
unit
child
support
services
used
the
child
support
guidelines
established
pursuant
to
section
598.21B
and
the
provisions
for
medical
support
pursuant
to
chapter
252E
.
b.
Information
sufficient
to
identify
the
affected
parties
and
the
support
order
or
orders
affected.
c.
An
explanation
of
the
legal
rights
and
responsibilities
of
the
affected
parties,
including
time
frames
in
which
the
parties
must
act.
d.
A
statement
indicating
whether
the
unit
child
support
services
finds
that
an
adjustment
is
appropriate
and
the
basis
for
the
determination.
Senate
File
514,
p.
606
e.
Procedures
for
contesting
the
action,
including
that
if
a
parent
requests
a
second
review
both
parents
will
be
requested
to
submit
financial
or
income
information
as
necessary
for
application
of
the
child
support
guidelines
established
pursuant
to
section
598.21B
.
f.
Other
information
as
appropriate.
5.
Section
252H.16,
subsection
5
,
regarding
a
revised
notice
of
decision
shall
apply
to
a
notice
of
decision
issued
under
this
section
.
6.
Each
parent
shall
have
the
right
to
challenge
the
notice
of
decision
issued
under
this
section
by
requesting
a
second
review
by
the
unit
child
support
services
as
provided
in
section
252H.17
.
If
there
is
no
new
or
different
information
to
consider
for
the
second
review,
the
unit
child
support
services
shall
issue
a
second
notice
of
decision
based
on
prior
information.
Each
parent
shall
have
the
right
to
challenge
the
second
notice
of
decision
by
requesting
a
court
hearing
as
provided
in
section
252H.8
.
Sec.
935.
Section
252H.15,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Unless
an
action
is
initiated
under
section
252H.14A
,
prior
to
conducting
a
review
of
a
support
order,
the
unit
child
support
services
shall
issue
a
notice
of
intent
to
review
and
adjust
to
each
parent,
or
if
applicable,
to
each
parent’s
attorney.
However,
notice
to
a
child
support
agency
or
an
agency
entitled
to
receive
child
or
medical
support
payments
as
the
result
of
an
assignment
of
support
rights
is
not
required.
Sec.
936.
Section
252H.15,
subsection
3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
unit
Child
support
services
shall
adopt
rules
pursuant
to
chapter
17A
to
ensure
that
all
of
the
following
are
included
in
the
notice:
Sec.
937.
Section
252H.15,
subsection
3,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
Criteria
for
determining
appropriateness
of
an
adjustment
and
a
statement
that
the
unit
child
support
services
will
use
the
child
support
guidelines
established
pursuant
to
section
598.21B
and
the
provisions
for
medical
support
pursuant
to
chapter
252E
to
adjust
the
order.
Senate
File
514,
p.
607
Sec.
938.
Section
252H.16,
Code
2023,
is
amended
to
read
as
follows:
252H.16
Conducting
the
review
——
notice
of
decision.
1.
For
actions
initiated
under
section
252H.15
,
the
unit
child
support
services
shall
conduct
the
review
and
determine
whether
an
adjustment
is
appropriate.
As
necessary,
the
unit
child
support
services
shall
make
a
determination
of
the
controlling
order
or
the
amount
of
delinquent
support
due
based
upon
the
receipt
of
social
security
disability
payments
as
provided
in
sections
598.22
and
598.22C
.
2.
Unless
both
parents
have
waived
the
prereview
notice
period
as
provided
for
in
section
252H.7
,
the
review
shall
not
be
conducted
for
at
least
fifteen
days
from
the
date
both
parents
were
successfully
served
with
the
notice
required
in
section
252H.15
.
3.
Upon
completion
of
the
review,
the
unit
child
support
services
shall
issue
a
notice
of
decision
by
regular
mail
to
the
last
known
address
of
each
parent,
or
if
applicable,
each
parent’s
attorney.
4.
The
unit
Child
support
services
shall
adopt
rules
pursuant
to
chapter
17A
to
ensure
that
all
of
the
following
are
included
in
the
notice:
a.
Information
sufficient
to
identify
the
affected
parties
and
the
support
order
or
orders
affected.
b.
A
statement
indicating
whether
the
unit
child
support
services
finds
that
an
adjustment
is
appropriate
and
the
basis
for
the
determination.
c.
Other
information,
as
appropriate.
5.
A
revised
notice
of
decision
shall
be
issued
when
the
unit
child
support
services
receives
or
becomes
aware
of
new
or
different
information
affecting
the
results
of
the
review
after
the
notice
of
decision
has
been
issued
and
before
the
entry
of
an
administrative
order
adjusting
the
support
order,
when
new
or
different
information
is
not
received
in
conjunction
with
a
request
for
a
second
review,
or
subsequent
to
a
request
for
a
court
hearing.
If
a
revised
notice
of
decision
is
issued,
the
time
frames
for
requesting
a
second
review
or
court
hearing
shall
apply
from
the
date
of
issuance
of
the
revised
notice.
Sec.
939.
Section
252H.17,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
608
follows:
252H.17
Challenging
the
notice
of
decision
——
second
review
——
notice.
1.
Each
parent
shall
have
the
right
to
challenge
the
notice
of
decision
issued
under
section
252H.14A
or
252H.16
,
by
requesting
a
second
review
by
the
unit
child
support
services
.
2.
A
challenge
shall
be
submitted,
in
writing,
to
the
local
child
support
office
that
issued
the
notice
of
decision
services
,
within
thirty
days
of
service
of
the
notice
of
decision
under
section
252H.14A
or
within
ten
days
of
the
issuance
of
the
notice
of
decision
under
section
252H.16
.
3.
A
parent
challenging
the
notice
of
decision
shall
submit
any
new
or
different
information,
not
previously
considered
by
the
unit
child
support
services
in
conducting
the
review,
with
the
challenge
and
request
for
second
review.
4.
A
parent
challenging
the
notice
of
decision
shall
submit
any
required
fees
with
the
challenge.
Any
request
submitted
without
full
payment
of
the
required
fee
shall
be
denied.
5.
If
a
timely
challenge
along
with
any
necessary
fee
is
received,
the
unit
child
support
services
shall
issue
by
regular
mail
to
the
last
known
address
of
each
parent,
or
if
applicable,
to
each
parent’s
attorney,
a
notice
that
a
second
review
will
be
conducted.
The
unit
Child
support
services
shall
adopt
rules
pursuant
to
chapter
17A
to
ensure
that
all
of
the
following
are
included
in
the
notice:
a.
A
statement
of
purpose
of
the
second
review.
b.
Information
sufficient
to
identify
the
affected
parties
and
the
support
order
or
orders
affected.
c.
A
statement
of
the
information
that
is
eligible
for
consideration
at
the
second
review.
d.
The
procedures
and
time
frames
in
conducting
and
completing
a
second
review,
including
a
statement
that
only
one
second
review
shall
be
conducted
as
the
result
of
a
challenge
received
from
either
or
both
parents.
e.
An
explanation
of
the
right
to
request
a
court
hearing,
and
the
applicable
time
frames
and
procedures
to
follow
in
requesting
a
court
hearing.
f.
Other
information,
as
appropriate.
6.
The
unit
Child
support
services
shall
conduct
a
second
Senate
File
514,
p.
609
review,
utilizing
any
new
or
additional
information
provided
or
available
since
issuance
of
the
notice
of
decision
under
section
252H.14A
or
under
section
252H.16
,
to
determine
whether
an
adjustment
is
appropriate.
7.
Upon
completion
of
the
review,
the
unit
child
support
services
shall
issue
a
second
notice
of
decision
by
regular
mail
to
the
last
known
address
of
each
parent,
or
if
applicable,
to
each
parent’s
attorney.
The
unit
Child
support
services
shall
adopt
rules
pursuant
to
chapter
17A
to
ensure
that
all
of
the
following
are
included
in
the
notice:
a.
Information
sufficient
to
identify
the
affected
parties
and
the
support
order
or
orders
affected.
b.
The
unit’s
Child
support
services’
finding
resulting
from
the
second
review
indicating
whether
the
unit
child
support
services
finds
that
an
adjustment
is
appropriate,
the
basis
for
the
determination,
and
the
impact
on
the
first
review.
c.
An
explanation
of
the
right
to
request
a
court
hearing,
and
the
applicable
time
frames
and
procedures
to
follow
in
requesting
a
court
hearing.
d.
Other
information,
as
appropriate.
8.
If
the
determination
resulting
from
the
first
review
is
revised
or
reversed
by
the
second
review,
the
following
shall
be
issued
to
each
parent
along
with
the
second
notice
of
decision
and
the
amount
of
any
proposed
adjustment:
a.
Any
updated
or
revised
financial
statements
provided
by
either
parent.
b.
A
computation
prepared
by
the
local
child
support
office
issuing
the
notice
services
,
demonstrating
how
the
amount
of
support
due
under
the
child
support
guidelines
was
calculated,
and
a
comparison
of
the
newly
computed
amount
with
the
current
support
obligation
amount.
Sec.
940.
Section
252H.18,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
unit
Child
support
services
is
providing
services
pursuant
to
chapter
252B
.
Sec.
941.
Section
252H.18A,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
If
a
support
order
is
not
eligible
for
review
and
adjustment
because
the
support
order
is
outside
of
the
minimum
time
frames
Senate
File
514,
p.
610
specified
by
rule
of
the
department,
a
parent
may
request
a
review
and
administrative
modification
by
submitting
all
of
the
following
to
the
unit
child
support
services
:
Sec.
942.
Section
252H.18A,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Upon
receipt
of
the
request
and
all
documentation
required
in
subsection
1
,
the
unit
child
support
services
shall
review
the
request
and
documentation
and
if
appropriate
shall
issue
a
notice
of
intent
to
modify
as
provided
in
section
252H.19
.
Sec.
943.
Section
252H.19,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
unit
Child
support
services
shall
issue
a
notice
of
intent
to
modify
to
each
parent.
Notice
to
a
child
support
agency
or
an
agency
entitled
to
receive
child
or
medical
support
payments
as
the
result
of
an
assignment
of
support
rights
is
not
required.
Sec.
944.
Section
252H.19,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
notice
shall
be
served
upon
each
parent
in
accordance
with
the
rules
of
civil
procedure,
except
that
a
parent
requesting
modification
shall,
at
the
time
of
the
request,
waive
the
right
to
personal
service
of
the
notice
in
writing
and
accept
service
by
regular
mail.
The
unit
Child
support
services
shall
adopt
rules
pursuant
to
chapter
17A
to
ensure
that
all
of
the
following
are
included
in
the
notice:
Sec.
945.
Section
252H.20,
Code
2023,
is
amended
to
read
as
follows:
252H.20
Conference
——
second
notice
and
finding
of
financial
responsibility.
1.
Each
parent
shall
have
the
right
to
request
a
conference
with
the
office
of
the
unit
that
issued
the
notice
of
intent
to
modify
child
support
services
.
The
request
may
be
made
in
person,
in
writing,
or
by
telephone,
and
shall
be
made
within
ten
days
of
the
date
of
successful
service
of
the
notice
of
intent
to
modify.
2.
A
parent
requesting
a
conference
shall
submit
any
required
fee
no
later
than
the
date
of
the
scheduled
conference.
A
conference
shall
not
be
held
unless
the
required
fee
is
paid
Senate
File
514,
p.
611
in
full.
3.
Upon
a
request
and
full
payment
of
any
required
fee,
the
office
of
the
unit
that
issued
the
notice
of
intent
to
modify
child
support
services
shall
schedule
a
conference
with
the
parent
and
advise
the
parent
of
the
date,
time,
place,
and
procedural
aspects
of
the
conference.
The
unit
Child
support
services
shall
adopt
rules
pursuant
to
chapter
17A
to
specify
the
manner
in
which
a
conference
is
conducted
and
the
purpose
of
the
conference.
4.
Following
the
conference,
the
office
of
the
unit
that
conducted
the
review
child
support
services
shall
issue
a
second
notice
of
proposed
modification
and
finding
of
financial
responsibility
to
the
parent
requesting
the
conference.
The
unit
Child
support
services
shall
adopt
rules
pursuant
to
chapter
17A
to
ensure
that
all
of
the
following
are
included
in
the
notice:
a.
Information
sufficient
to
identify
the
affected
parties
and
the
support
order
or
orders
affected.
b.
If
the
unit
child
support
services
will
continue
or
terminate
the
action.
c.
Procedures
for
contesting
the
action
and
the
applicable
time
frames
for
actions
by
the
parents.
d.
Other
information,
as
appropriate.
Sec.
946.
Section
252H.21,
subsection
2,
paragraph
c,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
Increase
or
decrease
the
amount
of
the
child
support
order
calculated
in
subparagraph
(1)
for
each
subsequent
year
by
applying
the
appropriate
consumer
price
index
for
each
subsequent
year
to
the
result
of
the
calculation
for
the
previous
year.
The
final
year
in
the
calculation
shall
be
the
year
immediately
preceding
the
year
the
unit
child
support
services
received
the
completed
request
for
the
cost-of-living
alteration.
Sec.
947.
Section
252H.22,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
unit
Child
support
services
is
providing
enforcement
services
for
the
ongoing
support
obligation
pursuant
to
chapter
252B
.
Sec.
948.
Section
252H.23,
unnumbered
paragraph
1,
Code
Senate
File
514,
p.
612
2023,
is
amended
to
read
as
follows:
A
parent
may
request
a
cost-of-living
alteration
by
submitting
all
of
the
following
to
the
unit
child
support
services
:
Sec.
949.
Section
252H.24,
Code
2023,
is
amended
to
read
as
follows:
252H.24
Role
of
the
child
support
recovery
unit
services
——
filing
and
docketing
of
cost-of-living
alteration
order
——
order
effective
as
district
court
order.
1.
Upon
receipt
of
a
request
and
required
documentation
for
a
cost-of-living
alteration,
the
unit
child
support
services
shall
issue
a
notice
of
the
amount
of
cost-of-living
alteration
by
regular
mail
to
the
last
known
address
of
each
parent,
or,
if
applicable,
each
parent’s
attorney.
The
notice
shall
include
all
of
the
following:
a.
A
statement
that
either
parent
may
contest
the
cost-of-living
alteration
within
thirty
days
of
the
date
of
the
notice
by
making
a
request
for
a
review
of
a
support
order
as
provided
in
section
252H.13
,
and
if
either
parent
does
not
make
a
request
for
a
review
within
thirty
days,
the
unit
child
support
services
shall
prepare
an
administrative
order
as
provided
in
subsection
4
.
b.
A
statement
that
the
parent
may
waive
the
thirty-day
notice
waiting
period
provided
for
in
this
section
.
2.
Upon
timely
receipt
of
a
request
and
required
documentation
for
a
review
of
a
support
order
as
provided
in
subsection
1
from
either
parent,
the
unit
child
support
services
shall
terminate
the
cost-of-living
alteration
process
and
apply
the
provisions
of
subchapters
I
and
II
of
this
chapter
relating
to
review
and
adjustment.
3.
Upon
receipt
of
signed
requests
from
both
parents
subject
to
the
support
order,
waiving
the
notice
waiting
period,
the
unit
child
support
services
may
prepare
an
administrative
order
pursuant
to
subsection
4
altering
the
support
obligation.
4.
If
timely
request
for
a
review
pursuant
to
section
252H.13
is
not
made,
and
if
the
thirty-day
notice
waiting
period
has
expired,
or
if
both
parents
have
waived
the
notice
waiting
period,
the
unit
child
support
services
shall
prepare
and
present
an
administrative
order
for
a
cost-of-living
Senate
File
514,
p.
613
alteration,
ex
parte,
to
the
district
court
where
the
order
to
be
altered
is
filed.
5.
Unless
defects
appear
on
the
face
of
the
administrative
order
or
on
the
attachments,
the
district
court
shall
approve
the
order.
Upon
filing,
the
approved
order
shall
have
the
same
force,
effect,
and
attributes
of
an
order
of
the
district
court.
6.
Upon
filing,
the
clerk
of
the
district
court
shall
enter
the
order
in
the
judgment
docket
and
judgment
lien
index.
7.
If
the
parents
jointly
waive
the
thirty-day
notice
waiting
period,
the
signed
statements
of
both
parents
waiving
the
notice
period
shall
be
filed
in
the
court
record
with
the
administrative
order
altering
the
support
obligation.
8.
The
unit
Child
support
services
shall
send
a
copy
of
the
order
by
regular
mail
to
each
parent’s
last
known
address,
or,
if
applicable,
to
the
last
known
address
of
the
parent’s
attorney.
9.
An
administrative
order
approved
by
the
district
court
is
final,
and
action
by
the
unit
child
support
services
to
enforce
and
collect
upon
the
order
may
be
taken
from
the
date
of
the
entry
of
the
order
by
the
district
court.
Sec.
950.
Section
252I.1,
Code
2023,
is
amended
to
read
as
follows:
252I.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Account”
means
“account”
as
defined
in
section
524.103
,
the
savings
or
deposits
of
a
member
received
or
being
held
by
a
credit
union,
or
certificates
of
deposit.
“Account”
also
includes
deposits
held
by
an
agent,
a
broker-dealer,
or
an
issuer
as
defined
in
section
502.102
and
money-market
mutual
fund
accounts
and
“account”
as
defined
in
42
U.S.C.
§666(a)(17).
However,
“account”
does
not
include
amounts
held
by
a
financial
institution
as
collateral
for
loans
extended
by
the
financial
institution.
2.
“Bank”
means
“bank”,
“insured
bank”,
and
“state
bank”
as
defined
in
section
524.103
.
3.
“Child
support
services”
means
child
support
services
created
in
section
252B.2.
3.
4.
“Court
order”
means
“support
order”
as
defined
in
Senate
File
514,
p.
614
section
252J.1
.
4.
5.
“Credit
union”
means
“credit
union”
as
defined
in
section
533.102
.
5.
6.
“Financial
institution”
means
“financial
institution”
as
defined
in
42
U.S.C.
§669A(d)(1).
“Financial
institution”
also
includes
an
institution
which
holds
deposits
for
an
agent,
broker-dealer,
or
an
issuer
as
defined
in
section
502.102
.
6.
7.
“Obligor”
means
a
person
who
has
been
ordered
by
a
court
or
administrative
authority
to
pay
support.
7.
8.
“Support”
or
“support
payments”
means
“support”
or
“support
payments”
as
defined
in
section
252D.16
.
8.
“Unit”
or
“child
support
recovery
unit”
means
the
child
support
recovery
unit
created
in
section
252B.2
.
9.
“Working
days”
means
only
Monday,
Tuesday,
Wednesday,
Thursday,
and
Friday,
but
excluding
the
holidays
specified
in
section
1C.2,
subsection
1
.
Sec.
951.
Section
252I.2,
Code
2023,
is
amended
to
read
as
follows:
252I.2
Purpose
and
use.
1.
Notwithstanding
other
statutory
provisions
which
provide
for
the
execution,
attachment,
or
levy
against
accounts,
the
unit
child
support
services
may
utilize
the
process
established
in
this
chapter
to
collect
delinquent
support
payments
provided
that
any
exemptions
or
exceptions
which
specifically
apply
to
enforcement
of
support
obligations
pursuant
to
other
statutory
provisions
also
apply
to
this
chapter
.
2.
An
obligor
is
subject
to
the
provisions
of
this
chapter
if
the
obligor’s
support
obligation
is
being
enforced
by
the
child
support
recovery
unit
services
,
and
if
the
support
payments
ordered
under
chapter
232
,
234
,
252A
,
252C
,
252D
,
252E
,
252F
,
598
,
600B
,
or
any
other
applicable
chapter,
or
under
a
comparable
statute
of
another
state
or
foreign
country,
as
certified
to
the
child
support
recovery
unit
services
,
are
not
paid
to
the
clerk
of
the
district
court
or
the
collection
services
center
pursuant
to
section
598.22
and
become
delinquent
in
an
amount
equal
to
the
support
payment
for
one
month.
3.
Any
amount
forwarded
by
a
financial
institution
under
this
chapter
shall
not
exceed
the
amounts
specified
in
15
U.S.C.
Senate
File
514,
p.
615
§1673(b)
and
shall
not
exceed
the
delinquent
or
accrued
amount
of
support
owed
by
the
obligor.
Sec.
952.
Section
252I.3,
Code
2023,
is
amended
to
read
as
follows:
252I.3
Initial
notice
to
obligor.
The
unit
Child
support
services
or
the
district
court
may
include
language
in
any
new
or
modified
support
order
issued
on
or
after
July
1,
1994,
notifying
the
obligor
that
the
obligor
is
subject
to
the
provisions
of
this
chapter
.
However,
this
chapter
is
sufficient
notice
for
implementation
of
administrative
levy
provisions
without
further
notice
of
the
provisions
of
this
chapter
.
Sec.
953.
Section
252I.4,
Code
2023,
is
amended
to
read
as
follows:
252I.4
Verification
of
accounts
and
immunity
from
liability.
1.
The
unit
Child
support
services
may
contact
a
financial
institution
to
obtain
verification
of
the
account
number,
the
names
and
social
security
numbers
listed
for
the
account,
and
the
account
balance
of
any
account
held
by
an
obligor.
Contact
with
a
financial
institution
may
be
by
telephone
or
by
written
communication.
The
financial
institution
may
require
positive
voice
recognition
and
may
require
the
telephone
number
of
the
authorized
person
from
the
unit
child
support
services
before
releasing
an
obligor’s
account
information
by
telephone.
2.
The
unit
Child
support
services
and
financial
institutions
doing
business
in
Iowa
shall
enter
into
agreements
to
develop
and
operate
a
data
match
system,
using
automated
data
exchanges
to
the
maximum
extent
feasible.
The
data
match
system
shall
allow
a
means
by
which
each
financial
institution
shall
provide
to
the
unit
child
support
services
for
each
calendar
quarter
the
name,
record
address,
social
security
number
or
other
taxpayer
identification
number,
and
other
identifying
information
for
each
obligor
who
maintains
an
account
at
the
institution
and
who
owes
past-due
support,
as
identified
by
the
unit
child
support
services
by
name
and
social
security
number
or
other
taxpayer
identification
number.
The
unit
Child
support
services
shall
work
with
representatives
of
financial
institutions
to
develop
a
system
to
assist
nonautomated
financial
institutions
in
complying
with
the
provisions
of
this
Senate
File
514,
p.
616
section
.
3.
The
unit
Child
support
services
may
pay
a
reasonable
fee
to
a
financial
institution
for
conducting
the
data
match
required
in
subsection
2
,
not
to
exceed
the
lower
of
either
one
hundred
fifty
dollars
for
each
quarterly
data
match
or
the
actual
costs
incurred
by
the
financial
institution
for
each
quarterly
data
match.
However,
the
unit
child
support
services
may
also
adopt
rules
pursuant
to
chapter
17A
to
specify
a
fee
amount
for
each
quarterly
data
match
based
upon
the
estimated
state
share
of
funds
collected
under
this
chapter
,
which,
when
adopted,
shall
be
applied
in
lieu
of
the
one
hundred
fifty
dollar
fee
under
this
subsection
.
In
addition,
the
unit
child
support
services
may
pay
a
reasonable
fee
to
a
financial
institution
for
automation
programming
development
performed
in
order
to
conduct
the
data
match
required
in
subsection
2
,
not
to
exceed
the
lower
of
either
five
hundred
dollars
or
the
actual
costs
incurred
by
the
financial
institution.
The
unit
Child
support
services
may
use
the
state
share
of
funds
collected
under
this
chapter
to
pay
the
fees
to
financial
institutions
under
this
subsection
.
For
state
fiscal
years
beginning
July
1,
1999,
and
July
1,
2000,
the
unit
child
support
services
may
use
up
to
one
hundred
percent
of
the
state
share
of
such
funds.
For
state
fiscal
years
beginning
on
or
after
July
1,
2001,
the
unit
child
support
services
may
use
up
to
fifty
percent
of
the
state
share
of
such
funds.
Notwithstanding
any
other
provision
of
law
to
the
contrary,
a
financial
institution
shall
have
until
a
date
provided
in
the
agreement
in
subsection
2
to
submit
its
claim
for
a
fee
under
this
subsection
.
If
the
unit
child
support
services
does
not
have
sufficient
funds
available
under
this
subsection
for
payment
of
fees
under
this
subsection
for
conducting
data
matches
or
for
automation
program
development
performed
in
the
fiscal
year
beginning
July
1,
1999,
the
cost
may
be
carried
forward
to
the
fiscal
year
beginning
July
1,
2000.
The
unit
Child
support
services
may
also
use
funds
from
an
amount
assessed
a
child
support
agency
of
another
state,
as
defined
in
section
252H.2
,
to
conduct
a
data
match
requested
by
that
child
support
agency
as
provided
in
42
U.S.C.
§666(a)(14)
to
pay
fees
to
financial
institutions
under
this
subsection
.
4.
a.
A
financial
institution
is
immune
from
any
liability
Senate
File
514,
p.
617
in
any
action
or
proceeding,
whether
civil
or
criminal,
for
any
of
the
following:
(1)
The
disclosure
of
any
information
by
a
financial
institution
to
the
unit
child
support
services
pursuant
to
this
chapter
or
the
rules
or
procedures
adopted
by
the
unit
child
support
services
to
implement
this
chapter
,
including
disclosure
of
information
relating
to
an
obligor
who
maintains
an
account
with
the
financial
institution
or
disclosure
of
information
relating
to
any
other
person
who
maintains
an
account
with
the
financial
institution
that
is
provided
for
the
purpose
of
complying
with
the
data
match
requirements
of
this
section
and
with
the
agreement
entered
into
between
the
financial
institution
and
the
unit
child
support
services
pursuant
to
subsection
2
.
(2)
Any
encumbrance
or
surrender
of
any
assets
held
by
a
financial
institution
in
response
to
a
notice
of
lien
or
levy
issued
by
the
unit
child
support
services
.
(3)
Any
action
or
omission
in
connection
with
good
faith
efforts
to
comply
with
this
chapter
or
any
rules
or
procedures
that
are
adopted
by
the
unit
child
support
services
to
implement
this
chapter
.
(4)
The
disclosure,
use,
or
misuse
by
the
unit
child
support
services
or
by
any
other
person
of
information
provided
or
assets
delivered
to
the
unit
child
support
services
by
a
financial
institution.
b.
For
the
purposes
of
this
section
,
“financial
institution”
includes
officers,
directors,
employees,
contractors,
and
agents
of
the
financial
institution.
5.
The
financial
institution
or
the
unit
child
support
services
is
not
liable
for
the
cost
of
any
early
withdrawal
penalty
of
an
obligor’s
certificate
of
deposit.
Sec.
954.
Section
252I.5,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
If
an
obligor
is
subject
to
this
chapter
under
section
252I.2
,
the
unit
child
support
services
may
initiate
an
administrative
action
to
levy
against
the
accounts
of
the
obligor.
2.
The
unit
Child
support
services
may
send
a
notice
to
the
financial
institution
with
which
the
account
is
placed,
Senate
File
514,
p.
618
directing
that
the
financial
institution
forward
all
or
a
portion
of
the
moneys
in
the
obligor’s
account
or
accounts
to
the
collection
services
center
established
pursuant
to
chapter
252B
.
The
notice
shall
be
sent
by
regular
mail,
with
proof
of
service
completed
according
to
rule
of
civil
procedure
1.442.
Sec.
955.
Section
252I.5,
subsection
3,
paragraph
g,
Code
2023,
is
amended
to
read
as
follows:
g.
A
telephone
number
,
and
address
,
and
contact
name
of
the
for
child
support
recovery
unit
contact
initiating
the
action
services
.
Sec.
956.
Section
252I.6,
Code
2023,
is
amended
to
read
as
follows:
252I.6
Administrative
levy
——
notice
to
support
obligor.
1.
The
unit
Child
support
services
may
administratively
initiate
an
action
to
seize
accounts
of
an
obligor
who
is
subject
to
this
chapter
under
section
252I.2
.
2.
The
unit
Child
support
services
shall
notify
an
obligor
subject
to
this
chapter
,
and
any
other
party
known
to
have
an
interest
in
the
account,
of
the
action.
The
notice
shall
contain
all
of
the
following:
a.
The
name
of
the
obligor.
b.
A
statement
that
the
obligor
is
believed
to
have
one
or
more
accounts
at
the
financial
institution.
c.
A
statement
that
pursuant
to
the
provisions
of
this
chapter
,
the
obligor’s
accounts
are
subject
to
seizure
and
the
financial
institution
is
authorized
and
required
to
forward
moneys
to
the
collection
services
center.
d.
The
maximum
amount
to
be
forwarded
by
the
financial
institution,
which
shall
not
exceed
the
delinquent
or
accrued
amount
of
support
owed
by
the
obligor.
e.
The
prescribed
time
frames
within
which
the
financial
institution
must
comply.
f.
A
statement
that
any
challenge
to
the
action
shall
be
in
writing
and
shall
be
received
by
the
child
support
recovery
unit
services
within
ten
days
of
the
date
of
the
notice
to
the
obligor.
g.
The
address
of
the
collection
services
center
and
the
collection
services
center
account
number.
h.
A
telephone
number
,
and
address
,
and
contact
name
for
Senate
File
514,
p.
619
the
child
support
recovery
unit
contact
initiating
the
action
services
.
3.
The
unit
Child
support
services
shall
forward
the
notice
to
the
obligor
by
regular
mail
within
two
working
days
of
sending
the
notice
to
the
financial
institution
pursuant
to
section
252I.5
.
Proof
of
service
shall
be
completed
according
to
rule
of
civil
procedure
1.442.
Sec.
957.
Section
252I.7,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
Immediately
encumber
funds
in
all
accounts
in
which
the
obligor
has
an
interest
to
the
extent
of
the
debt
indicated
in
the
notice
from
the
unit
child
support
services
.
2.
No
sooner
than
fifteen
days,
and
no
later
than
twenty
days
from
the
date
the
financial
institution
receives
the
notice
under
section
252I.5
,
unless
notified
by
the
unit
child
support
services
of
a
challenge
by
the
obligor
or
an
account
holder
of
interest,
the
financial
institution
shall
forward
the
moneys
encumbered
to
the
collection
services
center
with
the
obligor’s
name
and
social
security
number,
collection
services
center
account
number,
and
any
other
information
required
in
the
notice.
Sec.
958.
Section
252I.8,
Code
2023,
is
amended
to
read
as
follows:
252I.8
Challenges
to
action.
1.
Challenges
under
this
chapter
may
be
initiated
only
by
an
obligor
or
by
an
account
holder
of
interest.
Actions
initiated
by
the
unit
child
support
services
under
this
chapter
are
not
subject
to
chapter
17A
,
and
resulting
court
hearings
following
certification
shall
be
an
original
hearing
before
the
district
court.
2.
The
person
challenging
the
action
shall
submit
a
written
challenge
to
the
person
identified
as
the
contact
for
the
unit
in
the
notice
child
support
services
,
within
ten
working
days
of
the
date
of
the
notice.
3.
The
unit
Child
support
services
shall,
upon
receipt
of
a
written
challenge,
review
the
facts
of
the
case
with
the
challenging
party.
Only
a
mistake
of
fact,
including
but
not
limited
to,
a
mistake
in
the
identity
of
the
obligor
or
a
mistake
in
the
amount
of
delinquent
support
due
shall
be
Senate
File
514,
p.
620
considered
as
a
reason
to
dismiss
or
modify
the
proceeding.
4.
If
the
unit
child
support
services
determines
that
a
mistake
of
fact
has
occurred
the
unit
,
child
support
services
shall
proceed
as
follows:
a.
If
a
mistake
in
identity
has
occurred
or
the
obligor
is
not
delinquent
in
an
amount
equal
to
the
payment
for
one
month,
the
unit
child
support
services
shall
notify
the
financial
institution
that
the
administrative
levy
has
been
released.
The
unit
Child
support
services
shall
provide
a
copy
of
the
notice
to
the
support
obligor
by
regular
mail.
b.
If
the
obligor
is
delinquent,
but
the
amount
of
the
delinquency
is
less
than
the
amount
indicated
in
the
notice,
the
unit
child
support
services
shall
notify
the
financial
institution
of
the
revised
amount
with
a
copy
of
the
notice
and
issue
a
copy
to
the
obligor
or
forward
a
copy
to
the
obligor
by
regular
mail.
Upon
written
receipt
of
instructions
from
the
unit
child
support
services
,
the
financial
institution
shall
release
the
funds
in
excess
of
the
revised
amount
to
the
obligor
and
the
moneys
in
the
amount
of
the
debt
shall
be
processed
according
to
section
252I.7
.
5.
If
the
unit
child
support
services
finds
no
mistake
of
fact,
the
unit
child
support
services
shall
provide
a
notice
to
that
effect
to
the
challenging
party
by
regular
mail.
Upon
written
request
of
the
challenging
party,
the
unit
child
support
services
shall
request
a
hearing
before
the
district
court
in
the
county
in
which
the
underlying
support
order
is
filed.
a.
The
financial
institution
shall
encumber
moneys
if
the
child
support
recovery
unit
services
notifies
the
financial
institution
to
do
so.
b.
The
clerk
of
the
district
court
shall
schedule
a
hearing
upon
the
request
by
the
unit
child
support
services
for
a
time
not
later
than
ten
calendar
days
after
the
filing
of
the
request
for
hearing.
The
clerk
shall
mail
copies
of
the
request
for
hearing
and
the
order
scheduling
the
hearing
to
the
unit
child
support
services
and
to
all
account
holders
of
interest.
c.
If
the
court
finds
that
there
is
a
mistake
of
identity
or
that
the
obligor
does
not
owe
the
delinquent
support,
the
unit
child
support
services
shall
notify
the
financial
institution
that
the
administrative
levy
has
been
released.
Senate
File
514,
p.
621
d.
If
the
court
finds
that
the
obligor
has
an
interest
in
the
account,
and
the
amount
of
support
due
was
incorrectly
overstated,
the
unit
child
support
services
shall
notify
the
financial
institution
to
release
the
excess
moneys
to
the
obligor
and
remit
the
remaining
moneys
in
the
amount
of
the
debt
to
the
collection
services
center
for
disbursement
to
the
appropriate
recipient.
e.
If
the
court
finds
that
the
obligor
has
an
interest
in
the
account,
and
the
amount
of
support
due
is
correct,
the
financial
institution
shall
forward
the
moneys
to
the
collection
services
center
for
disbursement
to
the
appropriate
recipient.
f.
If
the
obligor
or
any
other
party
known
to
have
an
interest
in
the
account
fails
to
appear
at
the
hearing,
the
court
may
find
the
challenging
party
in
default,
shall
ratify
the
administrative
levy,
if
valid
upon
its
face,
and
shall
enter
an
order
directing
the
financial
institution
to
release
the
moneys
to
the
unit
child
support
services
.
g.
Issues
related
to
visitation,
custody,
or
other
provisions
not
related
to
levies
against
accounts
are
not
grounds
for
a
hearing
under
this
chapter
.
h.
Support
orders
shall
not
be
modified
under
a
challenge
pursuant
to
this
section
.
i.
Any
findings
in
the
challenge
of
an
administrative
levy
related
to
the
amount
of
the
accruing
or
accrued
support
obligation
do
not
modify
the
underlying
support
order.
j.
An
order
entered
under
this
chapter
for
a
levy
against
an
account
of
a
support
obligor
has
priority
over
a
levy
for
a
purpose
other
than
the
support
of
the
dependents
in
the
court
order
being
enforced.
6.
The
support
obligor
may
withdraw
the
request
for
challenge
by
submitting
a
written
withdrawal
to
the
person
identified
as
the
contact
for
the
unit
child
support
services
in
the
notice
or
the
unit
child
support
services
may
withdraw
the
administrative
levy
at
any
time
prior
to
the
court
hearing
and
provide
notice
of
the
withdrawal
to
the
obligor
and
any
account
holder
of
interest
and
to
the
financial
institution,
by
regular
mail.
7.
If
the
financial
institution
has
forwarded
moneys
to
Senate
File
514,
p.
622
the
collection
services
center
and
has
deducted
a
fee
from
the
moneys
of
the
account,
or
if
any
additional
fees
or
costs
are
levied
against
the
account,
and
all
funds
are
subsequently
refunded
to
the
account
due
to
a
mistake
of
fact
or
ruling
of
the
court,
the
child
support
recovery
unit
services
shall
reimburse
the
account
for
any
fees
assessed
by
the
financial
institution.
If
the
mistake
of
fact
is
a
mistake
in
the
amount
of
support
due
and
any
portion
of
the
moneys
is
retained
as
support
payments,
however,
the
unit
child
support
services
is
not
required
to
reimburse
the
account
for
any
fees
or
costs
levied
against
the
account.
Additionally,
for
the
purposes
of
reimbursement
to
the
account
for
any
fees
or
costs,
each
certificate
of
deposit
is
considered
a
separate
account.
Sec.
959.
Section
252J.1,
Code
2023,
is
amended
to
read
as
follows:
252J.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Certificate
of
noncompliance”
means
a
document
provided
by
the
child
support
recovery
unit
services
certifying
that
the
named
individual
is
not
in
compliance
with
any
of
the
following:
a.
A
support
order.
b.
A
written
agreement
for
payment
of
support
entered
into
by
the
unit
child
support
services
and
the
obligor.
c.
A
subpoena
or
warrant
relating
to
a
paternity
or
support
proceeding.
2.
“Child
support
services”
means
child
support
services
created
in
section
252B.2.
3.
“Department”
means
the
department
of
health
and
human
services.
2.
4.
“Individual”
means
a
parent,
an
obligor,
or
a
putative
father
in
a
paternity
or
support
proceeding.
3.
5.
“License”
means
a
license,
certification,
registration,
permit,
approval,
renewal,
or
other
similar
authorization
issued
to
an
individual
by
a
licensing
authority
which
evidences
the
admission
to,
or
granting
of
authority
to
engage
in,
a
profession,
occupation,
business,
industry,
or
recreation
or
to
operate
or
register
a
motor
vehicle.
“License”
includes
licenses
for
hunting,
fishing,
boating,
or
other
Senate
File
514,
p.
623
recreational
activity.
4.
6.
“Licensee”
means
an
individual
to
whom
a
license
has
been
issued,
or
who
is
seeking
the
issuance
of
a
license.
5.
7.
“Licensing
authority”
means
a
county
treasurer,
county
recorder
or
designated
depositary,
the
supreme
court,
or
an
instrumentality,
agency,
board,
commission,
department,
officer,
organization,
or
any
other
entity
of
the
state,
which
has
authority
within
this
state
to
suspend
or
revoke
a
license
or
to
deny
the
renewal
or
issuance
of
a
license
authorizing
an
individual
to
register
or
operate
a
motor
vehicle
or
to
engage
in
a
business,
occupation,
profession,
recreation,
or
industry.
6.
8.
“Obligor”
means
a
natural
person
as
defined
in
section
252G.1
who
has
been
ordered
by
a
court
or
administrative
authority
to
pay
support.
7.
9.
“Subpoena
or
warrant”
means
a
subpoena
or
warrant
relating
to
a
paternity
or
support
proceeding
initiated
or
obtained
by
the
unit
child
support
services
or
a
child
support
agency
as
defined
in
section
252H.2
.
8.
10.
“Support”
means
support
or
support
payments
as
defined
in
section
252D.16
,
whether
established
through
court
or
administrative
order.
9.
11.
“Support
order”
means
an
order
for
support
issued
pursuant
to
chapter
232
,
234
,
252A
,
252C
,
252D
,
252E
,
252F
,
252H
,
598
,
600B
,
or
any
other
applicable
chapter,
or
under
a
comparable
statute
of
another
state
or
foreign
country
as
registered
with
the
clerk
of
the
district
court
or
certified
to
the
child
support
recovery
unit
services
.
10.
“Unit”
means
the
child
support
recovery
unit
created
in
section
252B.2
.
11.
12.
“Withdrawal
of
a
certificate
of
noncompliance”
means
a
document
provided
by
the
unit
child
support
services
certifying
that
the
certificate
of
noncompliance
is
withdrawn
and
that
the
licensing
authority
may
proceed
with
issuance,
reinstatement,
or
renewal
of
an
individual’s
license.
Sec.
960.
Section
252J.2,
Code
2023,
is
amended
to
read
as
follows:
252J.2
Purpose
and
use.
1.
Notwithstanding
other
statutory
provisions
to
the
contrary,
and
if
an
individual
has
not
been
cited
for
contempt
Senate
File
514,
p.
624
and
enjoined
from
engaging
in
the
activity
governed
by
a
license
pursuant
to
section
598.23A
,
the
unit
child
support
services
may
utilize
the
process
established
in
this
chapter
to
collect
support.
2.
For
cases
in
which
services
are
provided
by
the
unit
child
support
services
all
of
the
following
apply:
a.
An
obligor
is
subject
to
the
provisions
of
this
chapter
if
the
obligor’s
support
obligation
is
being
enforced
by
the
unit
child
support
services
,
if
the
support
payments
required
by
a
support
order
to
be
paid
to
the
clerk
of
the
district
court
or
the
collection
services
center
pursuant
to
section
598.22
are
not
paid
and
become
delinquent
in
an
amount
equal
to
the
support
payment
for
three
months,
and
if
the
obligor’s
situation
meets
other
criteria
specified
under
rules
adopted
by
the
department
pursuant
to
chapter
17A
.
The
criteria
specified
by
rule
shall
include
consideration
of
the
length
of
time
since
the
obligor’s
last
support
payment
and
the
total
amount
of
support
owed
by
the
obligor.
b.
An
individual
is
subject
to
the
provisions
of
this
chapter
if
the
individual
has
failed,
after
receiving
appropriate
notice,
to
comply
with
a
subpoena
or
warrant.
3.
Actions
initiated
by
the
unit
child
support
services
under
this
chapter
shall
not
be
subject
to
contested
case
proceedings
or
further
review
pursuant
to
chapter
17A
and
any
resulting
court
hearing
shall
be
an
original
hearing
before
the
district
court.
4.
Notwithstanding
chapter
22
,
all
of
the
following
apply:
a.
Information
obtained
by
the
unit
child
support
services
under
this
chapter
shall
be
used
solely
for
the
purposes
of
this
chapter
or
chapter
252B
.
b.
Information
obtained
by
a
licensing
authority
shall
be
used
solely
for
the
purposes
of
this
chapter
.
Sec.
961.
Section
252J.3,
Code
2023,
is
amended
to
read
as
follows:
252J.3
Notice
to
individual
of
potential
sanction
of
license.
The
unit
Child
support
services
shall
proceed
in
accordance
with
this
chapter
only
if
the
unit
child
support
services
sends
a
notice
to
the
individual
by
regular
mail
to
the
last
known
address
of
the
individual.
The
notice
shall
include
all
of
the
Senate
File
514,
p.
625
following:
1.
The
address
and
telephone
number
of
the
unit
child
support
services
and
the
unit
the
child
support
services’
case
number.
2.
A
statement
that
the
obligor
is
not
in
compliance
with
a
support
order
or
the
individual
has
not
complied
with
a
subpoena
or
warrant.
3.
A
statement
that
the
individual
may
request
a
conference
with
the
unit
child
support
services
to
contest
the
action.
4.
A
statement
that
if,
within
twenty
days
of
mailing
of
the
notice
to
the
individual,
the
individual
fails
to
contact
the
unit
child
support
services
to
schedule
a
conference,
the
unit
child
support
services
shall
issue
a
certificate
of
noncompliance,
bearing
the
individual’s
name,
social
security
number
and
unit
the
child
support
services’
case
number,
to
any
appropriate
licensing
authority,
certifying
that
the
obligor
is
not
in
compliance
with
a
support
order
or
an
individual
has
not
complied
with
a
subpoena
or
warrant.
5.
A
statement
that
in
order
to
stay
the
issuance
of
a
certificate
of
noncompliance
the
request
for
a
conference
shall
be
in
writing
and
shall
be
received
by
the
unit
child
support
services
within
twenty
days
of
mailing
of
the
notice
to
the
individual.
6.
The
names
of
the
licensing
authorities
to
which
the
unit
child
support
services
intends
to
issue
a
certificate
of
noncompliance.
7.
A
statement
that
if
the
unit
child
support
services
issues
a
certificate
of
noncompliance
to
an
appropriate
licensing
authority,
the
licensing
authority
shall
initiate
proceedings
to
refuse
to
issue
or
renew,
or
to
suspend
or
revoke
the
individual’s
license,
unless
the
unit
child
support
services
provides
the
licensing
authority
with
a
withdrawal
of
a
certificate
of
noncompliance.
Sec.
962.
Section
252J.4,
Code
2023,
is
amended
to
read
as
follows:
252J.4
Conference.
1.
The
individual
may
schedule
a
conference
with
the
unit
child
support
services
following
mailing
of
the
notice
pursuant
to
section
252J.3
,
or
at
any
time
after
service
of
notice
of
Senate
File
514,
p.
626
suspension,
revocation,
denial
of
issuance,
or
nonrenewal
of
a
license
from
a
licensing
authority,
to
challenge
the
unit’s
child
support
services’
actions
under
this
chapter
.
2.
The
request
for
a
conference
shall
be
made
to
the
unit
child
support
services
,
in
writing,
and,
if
requested
after
mailing
of
the
notice
pursuant
to
section
252J.3
,
shall
be
received
by
the
unit
child
support
services
within
twenty
days
following
mailing
of
the
notice.
3.
The
unit
Child
support
services
shall
notify
the
individual
of
the
date,
time,
and
location
of
the
conference
by
regular
mail,
with
the
date
of
the
conference
to
be
no
earlier
than
ten
days
following
issuance
of
notice
of
the
conference
by
the
unit
child
support
services
,
unless
the
individual
and
the
unit
child
support
services
agree
to
an
earlier
date
which
may
be
the
same
date
the
individual
requests
the
conference.
If
the
individual
fails
to
appear
at
the
conference,
the
unit
child
support
services
shall
issue
a
certificate
of
noncompliance.
4.
Following
the
conference,
the
unit
child
support
services
shall
issue
a
certificate
of
noncompliance
unless
any
of
the
following
applies:
a.
The
unit
Child
support
services
finds
a
mistake
in
the
identity
of
the
individual.
b.
The
unit
Child
support
services
finds
a
mistake
in
determining
that
the
amount
of
delinquent
support
is
equal
to
or
greater
than
three
months.
c.
The
obligor
enters
a
written
agreement
with
the
unit
child
support
services
to
comply
with
a
support
order,
the
obligor
complies
with
an
existing
written
agreement
to
comply
with
a
support
order,
or
the
obligor
pays
the
total
amount
of
delinquent
support
due.
d.
Issuance
of
a
certificate
of
noncompliance
is
not
appropriate
under
other
criteria
established
in
accordance
with
rules
adopted
by
the
department
pursuant
to
chapter
17A
.
e.
The
unit
Child
support
services
finds
a
mistake
in
determining
the
compliance
of
the
individual
with
a
subpoena
or
warrant.
f.
The
individual
complies
with
a
subpoena
or
warrant.
5.
The
unit
Child
support
services
shall
grant
the
individual
a
stay
of
the
issuance
of
a
certificate
of
Senate
File
514,
p.
627
noncompliance
upon
receiving
a
timely
written
request
for
a
conference,
and
if
a
certificate
of
noncompliance
has
previously
been
issued,
shall
issue
a
withdrawal
of
a
certificate
of
noncompliance
if
the
obligor
enters
into
a
written
agreement
with
the
unit
child
support
services
to
comply
with
a
support
order
or
if
the
individual
complies
with
a
subpoena
or
warrant.
6.
If
the
individual
does
not
timely
request
a
conference
or
does
not
comply
with
a
subpoena
or
warrant
or
if
the
obligor
does
not
pay
the
total
amount
of
delinquent
support
owed
within
twenty
days
of
mailing
of
the
notice
pursuant
to
section
252J.3
,
the
unit
child
support
services
shall
issue
a
certificate
of
noncompliance.
Sec.
963.
Section
252J.5,
Code
2023,
is
amended
to
read
as
follows:
252J.5
Written
agreement.
1.
If
an
obligor
is
subject
to
this
chapter
as
established
in
section
252J.2,
subsection
2
,
paragraph
“a”
,
the
obligor
and
the
unit
child
support
services
may
enter
into
a
written
agreement
for
payment
of
support
and
compliance
which
takes
into
consideration
the
obligor’s
ability
to
pay
and
other
criteria
established
by
rule
of
the
department.
The
written
agreement
shall
include
all
of
the
following:
a.
The
method,
amount,
and
dates
of
support
payments
by
the
obligor.
b.
A
statement
that
upon
breach
of
the
written
agreement
by
the
obligor,
the
unit
child
support
services
shall
issue
a
certificate
of
noncompliance
to
any
appropriate
licensing
authority.
2.
A
written
agreement
entered
into
pursuant
to
this
section
does
not
preclude
any
other
remedy
provided
by
law
and
shall
not
modify
or
affect
an
existing
support
order.
3.
Following
issuance
of
a
certificate
of
noncompliance,
if
the
obligor
enters
into
a
written
agreement
with
the
unit
child
support
services
,
the
unit
child
support
services
shall
issue
a
withdrawal
of
the
certificate
of
noncompliance
to
any
appropriate
licensing
authority
and
shall
forward
a
copy
of
the
withdrawal
by
regular
mail
to
the
obligor.
Sec.
964.
Section
252J.6,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
628
follows:
252J.6
Decision
of
the
unit
child
support
services
.
1.
If
an
obligor
is
not
in
compliance
with
a
support
order
or
the
individual
is
not
in
compliance
with
a
subpoena
or
warrant
pursuant
to
section
252J.2
,
the
unit
child
support
services
mails
a
notice
to
the
individual
pursuant
to
section
252J.3
,
and
the
individual
requests
a
conference
pursuant
to
section
252J.4
,
the
unit
child
support
services
shall
issue
a
written
decision
if
any
of
the
following
conditions
exists:
a.
The
individual
fails
to
appear
at
a
scheduled
conference
under
section
252J.4
.
b.
A
conference
is
held
under
section
252J.4
.
c.
The
obligor
fails
to
comply
with
a
written
agreement
entered
into
by
the
obligor
and
the
unit
child
support
services
under
section
252J.5
.
2.
The
unit
Child
support
services
shall
send
a
copy
of
the
written
decision
to
the
individual
by
regular
mail
at
the
individual’s
most
recent
address
of
record.
If
the
decision
is
made
to
issue
a
certificate
of
noncompliance
or
to
withdraw
the
certificate
of
noncompliance,
a
copy
of
the
certificate
of
noncompliance
or
of
the
withdrawal
of
the
certificate
of
noncompliance
shall
be
attached
to
the
written
decision.
The
written
decision
shall
state
all
of
the
following:
a.
That
the
certificate
of
noncompliance
or
withdrawal
of
the
certificate
of
noncompliance
has
been
provided
to
the
licensing
authorities
named
in
the
notice
provided
pursuant
to
section
252J.3
.
b.
That
upon
receipt
of
a
certificate
of
noncompliance,
the
licensing
authority
shall
initiate
proceedings
to
suspend,
revoke,
deny
issuance,
or
deny
renewal
of
a
license,
unless
the
licensing
authority
is
provided
with
a
withdrawal
of
a
certificate
of
noncompliance
from
the
unit
child
support
services
.
c.
That
in
order
to
obtain
a
withdrawal
of
a
certificate
of
noncompliance
from
the
unit
child
support
services
,
the
obligor
shall
enter
into
a
written
agreement
with
the
unit
child
support
services
,
comply
with
an
existing
written
agreement
with
the
unit
child
support
services
,
or
pay
the
total
amount
of
delinquent
support
owed
or
the
individual
shall
comply
with
Senate
File
514,
p.
629
a
subpoena
or
warrant.
d.
That
if
the
unit
child
support
services
issues
a
written
decision
which
includes
a
certificate
of
noncompliance,
that
all
of
the
following
apply:
(1)
The
individual
may
request
a
hearing
as
provided
in
section
252J.9
,
before
the
district
court
as
follows:
(a)
If
the
action
is
a
result
of
section
252J.2,
subsection
2,
paragraph
“a”
,
in
the
county
in
which
the
underlying
support
order
is
filed,
by
filing
a
written
application
to
the
court
challenging
the
issuance
of
the
certificate
of
noncompliance
by
the
unit
child
support
services
and
sending
a
copy
of
the
application
to
the
unit
child
support
services
within
the
time
period
specified
in
section
252J.9
.
(b)
If
the
action
is
a
result
of
section
252J.2,
subsection
2
,
paragraph
“b”
,
and
the
individual
is
not
an
obligor,
in
the
county
in
which
the
dependent
child
or
children
reside
if
the
child
or
children
reside
in
Iowa;
in
the
county
in
which
the
dependent
child
or
children
last
received
public
assistance
if
the
child
or
children
received
public
assistance
in
Iowa;
or
in
the
county
in
which
the
individual
resides
if
the
action
is
the
result
of
a
request
from
a
child
support
agency
in
another
state
or
foreign
country.
(2)
The
individual
may
retain
an
attorney
at
the
individual’s
own
expense
to
represent
the
individual
at
the
hearing.
(3)
The
scope
of
review
of
the
district
court
shall
be
limited
to
demonstration
of
a
mistake
of
fact
related
to
the
delinquency
of
the
obligor
or
the
compliance
of
the
individual
with
a
subpoena
or
warrant.
3.
If
the
unit
child
support
services
issues
a
certificate
of
noncompliance,
the
unit
child
support
services
shall
only
issue
a
withdrawal
of
the
certificate
of
noncompliance
if
any
of
the
following
applies:
a.
The
unit
Child
support
services
or
the
court
finds
a
mistake
in
the
identity
of
the
individual.
b.
The
unit
Child
support
services
finds
a
mistake
in
determining
compliance
with
a
subpoena
or
warrant.
c.
The
unit
Child
support
services
or
the
court
finds
a
mistake
in
determining
that
the
amount
of
delinquent
support
due
Senate
File
514,
p.
630
is
equal
to
or
greater
than
three
months.
d.
The
obligor
enters
a
written
agreement
with
the
unit
child
support
services
to
comply
with
a
support
order,
the
obligor
complies
with
an
existing
written
agreement
to
comply
with
a
support
order,
or
the
obligor
pays
the
total
amount
of
delinquent
support
owed.
e.
The
individual
complies
with
the
subpoena
or
warrant.
f.
Issuance
of
a
withdrawal
of
the
certificate
of
noncompliance
is
appropriate
under
other
criteria
in
accordance
with
rules
adopted
by
the
department
pursuant
to
chapter
17A
.
Sec.
965.
Section
252J.7,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
If
the
individual
fails
to
respond
to
the
notice
of
potential
license
sanction
provided
pursuant
to
section
252J.3
or
the
unit
child
support
services
issues
a
written
decision
under
section
252J.6
which
states
that
the
individual
is
not
in
compliance,
the
unit
child
support
services
shall
issue
a
certificate
of
noncompliance
to
any
appropriate
licensing
authority.
Sec.
966.
Section
252J.8,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
In
addition
to
other
grounds
for
suspension,
revocation,
or
denial
of
issuance
or
renewal
of
a
license,
a
licensing
authority
shall
include
in
rules
adopted
by
the
licensing
authority
as
grounds
for
suspension,
revocation,
or
denial
of
issuance
or
renewal
of
a
license,
the
receipt
of
a
certificate
of
noncompliance
from
the
unit
child
support
services
.
Sec.
967.
Section
252J.8,
subsection
4,
paragraph
c,
subparagraphs
(1),
(2),
and
(3),
Code
2023,
are
amended
to
read
as
follows:
(1)
The
licensing
authority
intends
to
suspend,
revoke,
or
deny
issuance
or
renewal
of
an
individual’s
license
due
to
the
receipt
of
a
certificate
of
noncompliance
from
the
unit
child
support
services
.
(2)
The
individual
must
contact
the
unit
child
support
services
to
schedule
a
conference
or
to
otherwise
obtain
a
withdrawal
of
a
certificate
of
noncompliance.
(3)
Unless
the
unit
child
support
services
furnishes
a
withdrawal
of
a
certificate
of
noncompliance
to
the
licensing
Senate
File
514,
p.
631
authority
within
thirty
days
of
the
issuance
of
the
notice
under
this
section
,
the
individual’s
license
will
be
revoked,
suspended,
or
denied.
Sec.
968.
Section
252J.8,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
If
the
licensing
authority
receives
a
withdrawal
of
a
certificate
of
noncompliance
from
the
unit
child
support
services
,
the
licensing
authority
shall
immediately
reinstate,
renew,
or
issue
a
license
if
the
individual
is
otherwise
in
compliance
with
licensing
requirements
established
by
the
licensing
authority.
Sec.
969.
Section
252J.9,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Following
the
issuance
of
a
written
decision
by
the
unit
child
support
services
under
section
252J.6
which
includes
the
issuance
of
a
certificate
of
noncompliance,
or
following
provision
of
notice
to
the
individual
by
a
licensing
authority
pursuant
to
section
252J.8
,
an
individual
may
seek
review
of
the
decision
and
request
a
hearing
before
the
district
court
as
follows:
Sec.
970.
Section
252J.9,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
If
the
action
is
a
result
of
section
252J.2,
subsection
2
,
paragraph
“a”
,
in
the
county
in
which
the
underlying
support
order
is
filed,
by
filing
an
application
with
the
district
court,
and
sending
a
copy
of
the
application
to
the
unit
by
regular
mail
child
support
services
.
Sec.
971.
Section
252J.9,
subsections
2
and
6,
Code
2023,
are
amended
to
read
as
follows:
2.
An
application
shall
be
filed
to
seek
review
of
the
decision
by
the
unit
child
support
services
or
following
issuance
of
notice
by
the
licensing
authority
no
later
than
within
thirty
days
after
the
issuance
of
the
notice
pursuant
to
section
252J.8
.
The
clerk
of
the
district
court
shall
schedule
a
hearing
and
mail
a
copy
of
the
order
scheduling
the
hearing
to
the
individual
and
the
unit
child
support
services
and
shall
also
mail
a
copy
of
the
order
to
the
licensing
authority,
if
applicable.
The
unit
Child
support
services
shall
certify
a
copy
of
its
written
decision
and
certificate
of
noncompliance,
Senate
File
514,
p.
632
indicating
the
date
of
issuance,
and
the
licensing
authority
shall
certify
a
copy
of
a
notice
issued
pursuant
to
section
252J.8
,
to
the
court
prior
to
the
hearing.
6.
If
the
court
finds
that
the
unit
child
support
services
was
in
error
in
issuing
a
certificate
of
noncompliance,
or
in
failing
to
issue
a
withdrawal
of
a
certificate
of
noncompliance,
the
unit
child
support
services
shall
issue
a
withdrawal
of
a
certificate
of
noncompliance
to
the
appropriate
licensing
authority.
Sec.
972.
Section
252K.103,
Code
2023,
is
amended
to
read
as
follows:
252K.103
State
tribunal
and
support
enforcement
agency.
1.
The
child
Child
support
recovery
unit
services
when
the
unit
child
support
services
establishes
or
modifies
an
order,
upon
ratification
by
the
court,
and
the
court,
are
the
tribunals
of
this
state.
2.
The
child
Child
support
recovery
unit
services
created
in
section
252B.2
is
the
support
enforcement
agency
of
this
state.
Sec.
973.
Section
252K.201,
subsection
1,
paragraph
g,
Code
2023,
is
amended
to
read
as
follows:
g.
The
individual
asserted
parentage
of
a
child
in
the
declaration
of
paternity
registry
maintained
in
this
state
by
the
Iowa
department
of
public
health
and
human
services
pursuant
to
section
144.12A
or
established
paternity
by
affidavit
under
section
252A.3A
.
Sec.
974.
Section
252K.310,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
child
Child
support
recovery
unit
services
is
the
state
information
agency
under
this
chapter
.
Sec.
975.
Section
252K.319,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
If
neither
the
obligor,
nor
the
obligee
who
is
an
individual,
nor
the
child
resides
in
this
state,
upon
request
from
the
support
enforcement
agency
of
this
state
or
another
state,
the
child
support
recovery
unit
services
or
a
tribunal
of
this
state
shall:
Sec.
976.
Section
252K.703,
Code
2023,
is
amended
to
read
as
follows:
252K.703
Relationship
of
child
support
recovery
unit
services
Senate
File
514,
p.
633
to
United
States
central
authority.
The
child
Child
support
recovery
unit
services
of
this
state
is
recognized
as
the
agency
designated
by
the
United
States
central
authority
to
perform
specific
functions
under
the
convention.
Sec.
977.
Section
252K.704,
Code
2023,
is
amended
to
read
as
follows:
252K.704
Initiation
by
child
support
recovery
unit
services
of
support
proceeding
under
convention.
1.
In
a
support
proceeding
under
this
article
,
the
child
support
recovery
unit
services
of
this
state
shall:
a.
Transmit
and
receive
applications.
b.
Initiate
or
facilitate
the
institution
of
a
proceeding
regarding
an
application
in
a
tribunal
of
this
state.
2.
The
following
support
proceedings
are
available
to
an
obligee
under
the
convention:
a.
Recognition
or
recognition
and
enforcement
of
a
foreign
support
order.
b.
Enforcement
of
a
support
order
issued
or
recognized
in
this
state.
c.
Establishment
of
a
support
order
if
there
is
no
existing
order,
including,
if
necessary,
determination
of
parentage
of
a
child.
d.
Establishment
of
a
support
order
if
recognition
of
a
foreign
support
order
is
refused
under
section
252K.708,
subsection
2
,
paragraph
“b”
,
“d”
,
or
“i”
.
e.
Modification
of
a
support
order
of
a
tribunal
of
this
state.
f.
Modification
of
a
support
order
of
a
tribunal
of
another
state
or
a
foreign
country.
3.
The
following
support
proceedings
are
available
under
the
convention
to
an
obligor
against
which
there
is
an
existing
support
order:
a.
Recognition
of
an
order
suspending
or
limiting
enforcement
of
an
existing
support
order
of
a
tribunal
of
this
state.
b.
Modification
of
a
support
order
of
a
tribunal
of
this
state.
c.
Modification
of
a
support
order
of
a
tribunal
of
another
Senate
File
514,
p.
634
state
or
a
foreign
country.
4.
A
tribunal
of
this
state
may
not
require
security,
bond,
or
deposit,
however
described,
to
guarantee
the
payment
of
costs
and
expenses
in
proceedings
under
the
convention.
Sec.
978.
Section
252K.705,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
A
petitioner
filing
a
direct
request
is
not
entitled
to
assistance
from
the
child
support
recovery
unit
services
.
Sec.
979.
Section
252K.708,
subsection
3,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
child
Child
support
recovery
unit
services
shall
take
all
appropriate
measures
to
request
a
child
support
order
for
the
obligee
if
the
application
for
recognition
and
enforcement
was
received
under
section
252K.704
.
Sec.
980.
Section
256.1,
subsection
1,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
Educational
supervision
over
the
elementary
and
secondary
schools
under
the
control
of
an
administrator
of
a
division
of
the
department
of
health
and
human
services.
Sec.
981.
Section
256.9,
subsection
15,
Code
2023,
is
amended
to
read
as
follows:
15.
Provide
the
same
educational
supervision
for
the
schools
maintained
by
the
director
of
health
and
human
services
as
is
provided
for
the
public
schools
of
the
state
and
make
recommendations
to
the
director
of
health
and
human
services
for
the
improvement
of
the
educational
program
in
those
institutions.
Sec.
982.
Section
256.9,
subsection
31,
paragraph
b,
Code
2023,
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
Senate
File
514,
p.
635
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.
983.
Section
256.9,
subsection
46,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Develop
and
make
available
to
school
districts,
examples
of
age-appropriate
and
research-based
materials
and
lists
of
resources
which
parents
may
use
to
teach
their
children
to
recognize
unwanted
physical
and
verbal
sexual
advances,
to
not
make
unwanted
physical
and
verbal
sexual
advances,
to
effectively
reject
unwanted
sexual
advances,
that
it
is
wrong
to
take
advantage
of
or
exploit
another
person,
about
the
dangers
of
sexual
exploitation
by
means
of
the
internet
including
specific
strategies
to
help
students
protect
themselves
and
their
personally
identifiable
information
from
such
exploitation,
and
about
counseling,
medical,
and
legal
resources
available
to
survivors
of
sexual
abuse
and
sexual
assault,
including
resources
for
escaping
violent
relationships.
The
materials
and
resources
shall
cover
verbal,
physical,
and
visual
sexual
harassment,
including
nonconsensual
sexual
advances,
and
nonconsensual
physical
sexual
contact.
In
developing
the
materials
and
resource
list,
the
director
shall
consult
with
entities
that
shall
include
but
not
be
limited
to
the
departments
of
health
and
human
services
,
public
health,
and
public
safety,
education
stakeholders,
and
parent-teacher
organizations.
School
districts
shall
provide
age-appropriate
and
research-based
materials
and
a
list
of
available
community
and
internet-based
resources
to
parents
at
registration
and
shall
also
include
the
age-appropriate
and
research-based
materials
and
resource
list
in
the
student
handbook.
School
districts
are
encouraged
to
work
with
their
communities
to
provide
voluntary
parent
education
sessions
to
provide
parents
with
the
skills
and
appropriate
strategies
to
teach
their
children
as
described
in
this
subsection
.
School
districts
shall
incorporate
the
age-appropriate
and
research-based
Senate
File
514,
p.
636
materials
into
relevant
curricula
and
shall
reinforce
the
importance
of
preventive
measures
when
reasonable
with
parents
and
students.
Sec.
984.
Section
256.9,
subsection
50,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Convene,
in
collaboration
with
the
department
of
public
health
and
human
services
,
a
nutrition
advisory
panel
to
review
research
in
pediatric
nutrition
conducted
in
compliance
with
accepted
scientific
methods
by
recognized
professional
organizations
and
agencies
including
but
not
limited
to
the
institute
of
medicine.
The
advisory
panel
shall
submit
its
findings
and
recommendations,
which
shall
be
consistent
with
the
dietary
guidelines
for
Americans
published
jointly
by
the
United
States
department
of
health
and
human
services
and
department
of
agriculture
if
in
the
judgment
of
the
advisory
panel
the
guidelines
are
supported
by
the
research
findings,
in
a
report
to
the
state
board.
The
advisory
panel
may
submit
to
the
state
board
recommendations
on
standards
related
to
federal
school
food
programs
if
the
recommendations
are
intended
to
exceed
the
existing
federal
guidelines.
The
state
board
shall
consider
the
advisory
panel
report
when
establishing
or
amending
the
nutritional
content
standards
required
pursuant
to
section
256.7,
subsection
29
.
The
director
shall
convene
the
advisory
panel
by
July
1,
2008,
and
every
five
years
thereafter
to
review
the
report
and
make
recommendations
for
changes
as
appropriate.
The
advisory
panel
shall
include
but
is
not
limited
to
at
least
one
Iowa
state
university
extension
nutrition
and
health
field
specialist
and
at
least
one
representative
from
each
of
the
following:
Sec.
985.
Section
256.11,
subsection
5,
paragraph
j,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
One
unit
of
health
education
which
shall
include
personal
health;
food
and
nutrition;
environmental
health;
safety
and
survival
skills;
consumer
health;
family
life;
age-appropriate
and
research-based
human
growth
and
development;
substance
abuse
use
disorder
and
nonuse;
emotional
and
social
health;
health
resources;
and
prevention
and
control
of
disease,
including
age-appropriate
and
research-based
information
regarding
sexually
transmitted
diseases,
including
Senate
File
514,
p.
637
HPV
and
the
availability
of
a
vaccine
to
prevent
HPV,
and
acquired
immune
deficiency
syndrome.
Sec.
986.
Section
256.16,
subsection
1,
paragraphs
b
and
l,
Code
2023,
are
amended
to
read
as
follows:
b.
Include
in
the
professional
education
program,
preparation
that
contributes
to
the
education
of
students
with
disabilities
and
students
who
are
gifted
and
talented,
preparation
in
developing
and
implementing
individualized
education
programs
and
behavioral
intervention
plans,
preparation
for
educating
individuals
in
the
least
restrictive
environment
and
identifying
that
environment,
strategies
that
address
difficult
and
violent
student
behavior
and
improve
academic
engagement
and
achievement,
and
preparation
in
classroom
management
addressing
high-risk
behaviors
including
but
not
limited
to
behaviors
related
to
substance
abuse
use
disorder
.
Preparation
required
under
this
paragraph
must
be
successfully
completed
before
graduation
from
the
practitioner
preparation
program.
l.
If
the
rules
adopted
by
the
board
of
educational
examiners
for
issuance
of
any
type
or
class
of
license
require
an
applicant
to
complete
work
in
student
teaching,
pre-student
teaching
experiences,
field
experiences,
practicums,
clinicals,
or
internships,
enter
into
a
written
contract
with
any
school
district,
accredited
nonpublic
school,
preschool
registered
or
licensed
by
the
department
of
health
and
human
services,
or
area
education
agency
in
Iowa,
to
provide
for
such
work
under
terms
and
conditions
as
agreed
upon
by
the
contracting
parties.
The
terms
and
conditions
of
a
written
contract
entered
into
with
a
preschool
pursuant
to
this
paragraph
shall
require
that
a
student
teacher
be
under
the
direct
supervision
of
an
appropriately
licensed
cooperating
teacher
who
is
employed
to
teach
at
the
preschool.
Students
actually
teaching
or
engaged
in
preservice
licensure
activities
in
a
school
district
under
the
terms
of
such
a
contract
are
entitled
to
the
same
protection
under
section
670.8
as
is
afforded
by
that
section
to
officers
and
employees
of
the
school
district,
during
the
time
such
students
are
so
assigned.
Sec.
987.
Section
256.35A,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
638
b.
In
addition,
representatives
of
the
department
of
education,
the
division
of
vocational
rehabilitation
of
the
department
of
education
workforce
development
,
the
department
of
public
health,
the
department
of
health
and
human
services,
the
Iowa
developmental
disabilities
council,
the
division
of
insurance
of
the
department
of
commerce,
and
the
state
board
of
regents
shall
serve
as
ex
officio
members
of
the
advisory
council.
Ex
officio
members
shall
work
together
in
a
collaborative
manner
to
serve
as
a
resource
to
the
advisory
council.
The
council
may
also
form
workgroups
as
necessary
to
address
specific
issues
within
the
technical
purview
of
individual
members.
Sec.
988.
Section
256.39,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
In
developing
career
pathways
program
efforts,
each
consortium
shall
make
every
effort
to
cooperate
with
the
juvenile
courts,
the
economic
development
authority,
the
department
of
workforce
development,
the
department
of
health
and
human
services,
and
the
new
Iowa
schools
development
corporation.
Sec.
989.
Section
256.46,
subsection
1,
paragraph
g,
Code
2023,
is
amended
to
read
as
follows:
g.
The
child
is
a
participant
in
a
substance
abuse
use
disorder
or
mental
health
program.
Sec.
990.
Section
256A.2,
Code
2023,
is
amended
to
read
as
follows:
256A.2
Child
development
coordinating
council
established.
1.
A
child
development
coordinating
council
is
established
to
promote
the
provision
of
child
development
services
to
at-risk
three-year-old
and
four-year-old
children.
The
council
shall
consist
of
the
following
members:
a.
The
administrator
of
the
division
of
adult,
children
and
family
services
of
the
department
of
human
services
or
the
administrator’s
designee.
b.
a.
The
director
of
the
department
of
education
or
the
director’s
designee.
c.
b.
The
director
of
health
and
human
services
or
the
director’s
designee.
d.
The
director
of
the
department
of
public
health
or
the
Senate
File
514,
p.
639
director’s
designee.
e.
c.
An
early
childhood
specialist
of
an
area
education
agency
selected
by
the
area
education
agency
administrators.
f.
d.
The
dean
of
the
college
of
human
sciences
at
Iowa
state
university
of
science
and
technology
or
the
dean’s
designee.
g.
e.
The
dean
of
the
college
of
education
from
the
university
of
northern
Iowa
or
the
dean’s
designee.
h.
f.
The
professor
and
head
of
the
department
of
pediatrics
at
the
university
of
Iowa
or
the
professor’s
designee.
i.
g.
A
resident
of
this
state
who
is
a
parent
of
a
child
who
is
or
has
been
served
by
a
federal
head
start
program.
2.
Staff
assistance
for
the
council
shall
be
provided
by
the
department
of
education.
Members
of
the
council
shall
be
reimbursed
for
actual
and
necessary
expenses
incurred
while
engaged
in
their
official
duties
and
shall
receive
per
diem
compensation
at
the
level
authorized
under
section
7E.6,
subsection
1
,
paragraph
“a”
.
Sec.
991.
Section
256B.2,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
For
those
children
who
cannot
adapt
to
the
regular
educational
or
home
living
conditions,
and
who
are
attending
facilities
under
chapters
263
,
269
,
and
270
,
upon
the
request
of
the
board
of
directors
of
an
area
education
agency,
the
department
of
health
and
human
services
shall
provide
residential
or
detention
facilities
and
the
area
education
agency
shall
provide
special
education
programs
and
services.
The
area
education
agencies
shall
cooperate
with
the
board
of
regents
to
provide
the
services
required
by
this
chapter
.
Sec.
992.
Section
256B.3,
subsection
9,
Code
2023,
is
amended
to
read
as
follows:
9.
To
cooperate
with
existing
agencies
such
as
the
department
of
health
and
human
services,
the
Iowa
department
of
public
health,
the
Iowa
school
for
the
deaf,
the
Iowa
braille
and
sight
saving
school,
the
children’s
hospitals,
or
other
agencies
concerned
with
the
welfare
and
health
of
children
requiring
special
education
in
the
coordination
of
their
educational
activities
for
such
children.
Senate
File
514,
p.
640
Sec.
993.
Section
256B.5,
Code
2023,
is
amended
to
read
as
follows:
256B.5
Information
available
upon
request
by
bureau.
The
Iowa
department
of
public
health
and
human
services
shall
furnish
to
the
state
bureau
of
special
education
upon
request
information
obtained
from
birth
certificates
relative
to
the
name,
address,
and
disability
of
any
case
of
developmental
disability.
The
state
child
health
specialty
clinics
of
the
university
of
Iowa
shall
upon
request
furnish
to
the
state
bureau
of
special
education
the
name,
address,
and
disability
of
all
children
of
their
register.
Sec.
994.
Section
256B.10,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
department
of
education
shall
work
with
the
state
school
for
the
deaf,
the
area
education
agencies,
school
districts,
and
the
early
hearing
detection
and
intervention
program
in
the
Iowa
department
of
public
health
and
human
services
for
purposes
of
coordinating,
developing,
and
disseminating
resources
for
use
by
parents
or
guardians,
early
hearing
detection
and
intervention
programs,
the
state
school
for
the
deaf,
area
education
agencies,
school
districts,
and
accredited
nonpublic
schools
to
inform
deaf
and
hard-of-hearing
children’s
expressive
and
receptive
language
acquisition
or
development.
Sec.
995.
Section
256B.10,
subsection
3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
of
education,
in
consultation
with
the
state
school
for
the
deaf,
the
area
education
agencies,
school
districts,
and
the
early
hearing
detection
and
intervention
program
in
the
Iowa
department
of
public
health
and
human
services
,
shall
select
existing
tools
or
assessments
that
may
be
used
by
qualified
educators
to
assess
American
sign
language
and
English
language
and
literacy
development
of
deaf
and
hard-of-hearing
children
from
birth
through
age
eight.
Sec.
996.
Section
256B.10,
subsection
5,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
department
of
education
shall
work
with
the
early
hearing
detection
and
intervention
program
in
the
Iowa
department
of
public
health
and
human
services
,
the
state
school
Senate
File
514,
p.
641
for
the
deaf,
and
the
area
education
agencies
when
developing
the
guidelines.
The
department
of
education,
in
consultation
with
the
Iowa
school
for
the
deaf,
shall
administer
the
family
support
mentoring
program
for
deaf
or
hard-of-hearing
children.
Sec.
997.
Section
256B.10,
subsection
5,
paragraph
d,
subparagraph
(5),
Code
2023,
is
amended
to
read
as
follows:
(5)
Reach
out
to
parents
of
children
identified
through
the
early
hearing
detection
and
intervention
program
in
the
Iowa
department
of
public
health
and
human
services
and
share
information
about
the
family
support
mentoring
program
services
available
to
such
parents.
Sec.
998.
Section
256B.10,
subsection
5,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
The
department
of
education
shall
coordinate
family
support
mentoring
activities
with
the
early
hearing
detection
and
intervention
program
in
the
Iowa
department
of
public
health
and
human
services
,
the
state
school
for
the
deaf,
the
area
education
agencies,
and
nonprofit
organizations
that
provide
family
support
mentoring
to
parents
with
deaf
or
hard-of-hearing
children.
Sec.
999.
Section
256B.15,
subsections
7,
9,
and
10,
Code
2023,
are
amended
to
read
as
follows:
7.
The
area
education
agencies
shall
transfer
to
the
department
of
health
and
human
services
an
amount
equal
to
the
nonfederal
share
of
the
payments
to
be
received
from
the
medical
assistance
program
pursuant
to
chapter
249A
.
The
nonfederal
share
amount
shall
be
transferred
to
the
medical
assistance
account
prior
to
claims
payment.
This
requirement
does
not
apply
to
medical
assistance
reimbursement
for
services
provided
by
an
area
education
agency
under
part
C
of
the
federal
Individuals
With
Disabilities
Education
Act.
Funds
received
under
this
section
shall
not
be
considered
or
included
as
part
of
the
area
education
agencies’
budgets
when
calculating
funds
that
are
to
be
received
by
area
education
agencies
during
a
fiscal
year.
9.
The
department
of
education
and
the
department
of
health
and
human
services
shall
adopt
rules
to
implement
this
section
.
10.
The
department
of
health
and
human
services
shall
offer
assistance
to
the
area
education
agencies
in
the
identification
Senate
File
514,
p.
642
of
children
eligible
for
reimbursement
for
services
under
this
section
.
Sec.
1000.
Section
256I.1,
Code
2023,
is
amended
to
read
as
follows:
256I.1
Definitions.
For
the
purposes
of
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Department”
means
the
department
of
management
health
and
human
services
.
2.
“Desired
results”
means
the
set
of
desired
results
for
improving
the
quality
of
life
in
this
state
for
young
children
and
their
families
identified
in
section
256I.2
.
3.
“Early
care”
,
“early
care
services”
,
or
“early
care
system”
means
the
programs,
services,
support,
or
other
assistance
made
available
to
a
parent
or
other
person
who
is
involved
with
addressing
the
health
and
education
needs
of
a
child
from
zero
through
age
five.
“Early
care”
,
“early
care
services”
,
or
“early
care
system”
includes
but
is
not
limited
to
public
and
private
efforts
and
formal
and
informal
settings.
4.
“Early
childhood
Iowa
area”
means
a
geographic
area
designated
in
accordance
with
this
chapter
.
5.
“Early
childhood
Iowa
area
board”
or
“area
board”
means
the
board
for
an
early
childhood
Iowa
area
created
in
accordance
with
this
chapter
.
6.
“Early
childhood
Iowa
program”
or
“program”
means
the
early
childhood
Iowa
program
established
in
section
256I.5.
6.
7.
“Early
childhood
Iowa
state
board”
or
“state
board”
means
the
early
childhood
Iowa
state
board
created
in
section
256I.3
.
Sec.
1001.
Section
256I.3,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
board
shall
consist
of
twenty-one
nineteen
voting
members
with
fifteen
citizen
members
and
six
four
state
agency
members.
The
six
state
agency
members
shall
be
the
directors
or
their
designees
of
the
following
agencies:
economic
development
authority,
education,
human
rights,
health
and
human
services,
public
health,
and
workforce
development.
The
designees
of
state
agency
directors
shall
be
selected
on
an
annual
basis.
The
citizen
members
shall
be
appointed
by
the
Senate
File
514,
p.
643
governor,
subject
to
confirmation
by
the
senate.
The
governor’s
appointments
of
citizen
members
shall
be
made
in
a
manner
so
that
each
of
the
state’s
congressional
districts
is
represented
by
at
least
two
citizen
members
and
so
that
all
the
appointments
as
a
whole
reflect
the
ethnic,
cultural,
social,
and
economic
diversity
of
the
state.
A
member
of
the
state
board
shall
not
be
a
provider
of
services
or
other
entity
receiving
funding
through
the
early
childhood
Iowa
initiative
or
be
employed
by
such
a
provider
or
other
entity.
Sec.
1002.
Section
256I.4,
subsection
15,
Code
2023,
is
amended
to
read
as
follows:
15.
Work
with
the
early
childhood
Iowa
office
program
in
building
public-private
partnerships
for
promoting
the
collaborative
early
care,
education,
health,
and
human
services
system.
Sec.
1003.
Section
256I.5,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
An
early
childhood
Iowa
office
program
is
established
in
the
department
to
provide
leadership
for
facilitation,
communication,
and
coordination
for
the
early
childhood
Iowa
initiative
activities
and
funding
and
for
improvement
of
the
early
care,
education,
health,
and
human
services
systems.
An
administrator
for
the
early
childhood
Iowa
office
program
shall
be
appointed
by
the
director
of
the
department.
Other
staff
may
also
be
designated,
subject
to
appropriation
made
for
this
purpose.
Sec.
1004.
Section
256I.5,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
office
program
shall
work
with
the
state
and
area
boards
to
provide
leadership
for
comprehensive
system
development.
The
office
program
shall
also
do
all
of
the
following:
a.
Enter
into
memoranda
of
agreement
with
the
departments
of
education
,
human
rights,
human
services,
public
health,
and
workforce
development
and
the
economic
development
authority
to
formalize
the
commitments
of
the
respective
departments
and
the
authority
to
collaborating
with
and
integrating
a
comprehensive
early
care,
education,
health,
and
human
services
system.
Items
addressed
in
the
memoranda
shall
include
but
are
not
limited
to
Senate
File
514,
p.
644
data
sharing
and
providing
staffing
to
the
technical
assistance
team.
b.
Work
with
private
businesses,
foundations,
and
nonprofit
organizations
to
develop
sustained
funding.
c.
Maintain
the
internet
site
in
accordance
with
section
256I.10
.
d.
Propose
any
needed
revisions
to
administrative
rules
based
on
stakeholder
input.
e.
Provide
technical
support
to
the
state
and
area
boards
and
to
the
early
childhood
Iowa
areas
through
staffing
services
made
available
through
the
state
agencies
that
serve
on
the
state
board.
f.
Develop,
collect,
disseminate,
and
provide
guidance
for
common
performance
measures
for
the
programs
receiving
funding
under
the
auspices
of
the
area
boards.
g.
If
a
disagreement
arises
within
an
early
childhood
Iowa
area
regarding
the
interests
represented
on
the
area’s
board,
board
decisions,
or
other
disputes
that
cannot
be
locally
resolved,
upon
request,
provide
state
or
regional
technical
assistance
as
deemed
appropriate
by
the
office
program
to
assist
the
area
in
resolving
the
disagreement.
Sec.
1005.
Section
256I.11,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
school
ready
children
grants
account
is
created
in
the
fund
under
the
authority
of
the
director
of
the
department
of
education.
Moneys
credited
to
the
account
are
appropriated
to
and
shall
be
distributed
by
the
department
of
education
in
the
form
of
grants
to
early
childhood
Iowa
areas
pursuant
to
criteria
established
by
the
state
board
in
accordance
with
law.
Sec.
1006.
Section
256I.11,
subsection
4,
paragraphs
a,
b,
and
c,
Code
2023,
are
amended
to
read
as
follows:
a.
An
early
childhood
programs
grant
account
is
created
in
the
fund
under
the
authority
of
the
director
of
the
department
of
human
services
.
Moneys
credited
to
the
account
are
appropriated
to
and
shall
be
distributed
by
the
department
of
human
services
in
the
form
of
grants
to
early
childhood
Iowa
areas
pursuant
to
criteria
established
by
the
state
board
in
accordance
with
law.
The
criteria
shall
include
but
are
not
limited
to
a
requirement
that
an
early
childhood
Iowa
area
must
Senate
File
514,
p.
645
be
designated
by
the
state
board
in
order
to
be
eligible
to
receive
an
early
childhood
programs
grant.
b.
An
early
childhood
Iowa
area
receiving
funding
from
the
early
childhood
programs
grant
account
shall
comply
with
any
federal
reporting
requirements
associated
with
the
use
of
that
funding
and
other
results
and
reporting
requirements
established
by
the
state
board.
The
department
of
human
services
shall
provide
technical
assistance
in
identifying
and
meeting
the
federal
requirements.
The
availability
of
funding
provided
from
the
account
is
subject
to
changes
in
federal
requirements
and
amendments
to
Iowa
law.
c.
The
moneys
distributed
from
the
early
childhood
programs
grant
account
shall
be
used
by
early
childhood
Iowa
areas
for
the
purposes
of
enhancing
quality
child
care
capacity
in
support
of
parent
capability
to
obtain
or
retain
employment.
The
moneys
shall
be
used
with
a
primary
emphasis
on
low-income
families
and
children
from
zero
to
age
five.
Moneys
shall
be
provided
in
a
flexible
manner
and
shall
be
used
to
implement
strategies
identified
by
the
early
childhood
Iowa
area
to
achieve
such
purposes.
The
department
of
human
services
may
use
a
portion
of
the
funding
appropriated
to
the
department
under
this
subsection
for
provision
of
technical
assistance
and
other
support
to
the
early
childhood
Iowa
areas
developing
and
implementing
strategies
with
grant
moneys
distributed
from
the
account.
Sec.
1007.
Section
256I.11,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
A
first
years
first
account
is
created
in
the
fund
under
the
authority
of
the
department
of
management
.
The
account
shall
consist
of
gift
or
grant
moneys
obtained
from
any
source,
including
but
not
limited
to
the
federal
government.
Moneys
credited
to
the
account
are
appropriated
to
the
department
to
be
used
for
the
early
childhood-related
purposes
for
which
the
moneys
were
received.
Sec.
1008.
Section
256I.12,
subsections
6
and
7,
Code
2023,
are
amended
to
read
as
follows:
6.
Steering
committee.
The
early
childhood
stakeholders
alliance
shall
operate
with
a
steering
committee
to
organize,
manage,
and
coordinate
the
activities
of
the
alliance
and
its
Senate
File
514,
p.
646
component
groups.
The
steering
committee
may
act
on
behalf
of
the
alliance
as
necessary.
The
steering
committee
membership
shall
consist
of
the
co-chairpersons
of
the
alliance’s
component
groups,
the
administrator
of
the
early
childhood
Iowa
office
program
,
and
other
leaders
designated
by
the
alliance.
7.
Component
groups.
The
early
childhood
stakeholders
alliance
shall
maintain
component
groups
to
address
the
key
components
of
the
Iowa
early
childhood
system.
Each
component
group
shall
have
one
private
and
one
public
agency
co-chairperson.
The
alliance
may
change
the
component
groups
as
deemed
necessary
by
the
alliance.
Initially,
there
shall
be
a
component
group
for
each
of
the
following:
The
component
groups
shall
implement
the
strategic
plan
created
pursuant
to
section
256I.4.
a.
Governance
planning
and
administration.
b.
Professional
development.
c.
Public
engagement.
d.
Quality
services
and
programs.
e.
Resources
and
funding.
f.
Results
accountability.
Sec.
1009.
Section
256I.13,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
In
order
to
implement
the
legislative
intent
stated
in
sections
135.106
and
256I.9
,
that
priority
for
family
support
program
funding
be
given
to
programs
using
evidence-based
or
promising
models
for
family
support,
it
is
the
intent
of
the
general
assembly
that
by
July
1,
2016,
ninety
percent
of
state
funds
expended
for
family
support
programs
shall
be
used
for
evidence-based
or
promising
program
models.
The
remaining
ten
percent
of
funds
may
be
used
for
innovative
program
models
that
do
not
yet
meet
the
definition
of
evidence-based
or
promising
programs.
Sec.
1010.
Section
256I.13,
subsection
3,
paragraphs
b
and
e,
Code
2023,
are
amended
to
read
as
follows:
b.
The
data
on
families
served
that
is
collected
by
the
family
support
programs
funded
through
the
early
childhood
Iowa
initiative
shall
include
but
is
not
limited
to
basic
demographic
information,
services
received,
funding
utilized,
and
program
outcomes
for
the
children
and
families
served.
The
state
board
Senate
File
514,
p.
647
shall
adopt
performance
benchmarks
for
the
family
support
programs
and
shall
revise
the
Iowa
family
support
credential
to
incorporate
the
performance
benchmarks
on
or
before
January
1,
2014
.
e.
The
state
board
shall
develop
a
plan
to
implement
a
coordinated
intake
and
referral
process
for
publicly
funded
family
support
programs
in
order
to
engage
the
families
expecting
a
child
or
with
newborn
and
infant
children
through
age
five
in
all
communities
in
the
state
by
July
1,
2015
.
Sec.
1011.
Section
257.11,
subsection
4,
paragraph
e,
subparagraphs
(2)
and
(3),
Code
2023,
are
amended
to
read
as
follows:
(2)
The
pupil
is
not
in
a
court-ordered
placement
under
chapter
232
under
the
care
and
custody
of
the
department
of
health
and
human
services
or
juvenile
court
services.
(3)
The
pupil
is
not
in
the
state
training
school
pursuant
to
a
court
order
entered
under
chapter
232
under
the
care
and
custody
of
the
department
of
health
and
human
services.
Sec.
1012.
Section
257.41,
subsection
4,
paragraphs
b
and
c,
Code
2023,
are
amended
to
read
as
follows:
b.
The
student
is
not
in
a
court-ordered
placement
under
chapter
232
under
the
care
and
custody
of
the
department
of
health
and
human
services
or
juvenile
court
services.
c.
The
student
is
not
in
the
state
training
school
pursuant
to
a
court
order
entered
under
chapter
232
under
the
care
and
custody
of
the
department
of
health
and
human
services.
Sec.
1013.
Section
260C.40,
Code
2023,
is
amended
to
read
as
follows:
260C.40
Prohibition
of
controlled
substances.
Each
community
college
shall
adopt
a
policy
that
prohibits
unlawful
possession,
use,
or
distribution
of
controlled
substances
by
students
and
employees
on
property
owned
or
leased
by
the
community
college
or
in
conjunction
with
activities
sponsored
by
a
community
college.
Each
community
college
shall
provide
information
about
the
policy
to
all
students
and
employees.
The
policy
shall
include
a
clear
statement
of
sanctions
for
violation
of
the
policy
and
information
about
available
drug
or
alcohol
counseling
and
rehabilitation
programs.
In
carrying
out
this
policy,
the
community
college
Senate
File
514,
p.
648
shall
provide
substance
abuse
use
disorder
prevention
programs
for
students
and
employees.
Sec.
1014.
Section
261.2,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
Develop
and
implement,
in
cooperation
with
the
department
of
health
and
human
services
and
the
judicial
branch,
a
program
to
assist
juveniles
who
are
sixteen
years
of
age
or
older
and
who
have
a
case
permanency
plan
under
chapter
232
or
237
or
are
otherwise
under
the
jurisdiction
of
chapter
232
in
applying
for
federal
and
state
aid
available
for
higher
education.
Sec.
1015.
Section
261.9,
subsection
1,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
Adopts
a
policy
that
prohibits
unlawful
possession,
use,
or
distribution
of
controlled
substances
by
students
and
employees
on
property
owned
or
leased
by
the
institution
or
in
conjunction
with
activities
sponsored
by
the
institution.
Each
institution
shall
provide
information
about
the
policy
to
all
students
and
employees.
The
policy
shall
include
a
clear
statement
of
sanctions
for
violation
of
the
policy
and
information
about
available
drug
or
alcohol
counseling
and
rehabilitation
programs.
In
carrying
out
this
policy,
an
institution
shall
provide
substance
abuse
use
disorder
prevention
programs
for
students
and
employees.
Sec.
1016.
Section
261.71,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
For
purposes
of
this
section
“graduate
student”
means
a
student
who
has
completed
at
least
ninety
semester
hours,
or
the
trimester
or
quarter
equivalent,
of
postsecondary
course
work
at
a
public
higher
education
institution
or
at
an
accredited
private
institution,
as
defined
under
section
261.9
.
“Underserved
area”
means
a
geographical
area
included
on
the
Iowa
governor’s
health
practitioner
shortage
area
list,
which
is
compiled
by
the
center
for
rural
health
and
primary
care
of
the
Iowa
department
of
public
health
and
human
services
.
The
commission
shall
adopt
rules,
consistent
with
rules
used
for
students
enrolled
in
higher
education
institutions
under
the
control
of
the
state
board
of
regents,
for
purposes
of
determining
Iowa
residency
status
of
graduate
students
under
this
section
.
The
commission
shall
also
adopt
rules
which
Senate
File
514,
p.
649
provide
standards,
guidelines,
and
procedures
for
the
receipt,
processing,
and
administration
of
student
applications
and
loans
under
this
section
.
Sec.
1017.
Section
261.87,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
“Eligible
foster
care
student”
means
a
person
who
has
a
high
school
diploma
or
a
high
school
equivalency
diploma
under
chapter
259A
and
is
described
by
any
of
the
following:
(1)
Is
age
seventeen
and
is
in
a
court-ordered
placement
under
chapter
232
under
the
care
and
custody
of
the
department
of
health
and
human
services
or
juvenile
court
services.
(2)
Is
age
seventeen
and
has
been
placed
in
a
state
juvenile
institution
pursuant
to
a
court
order
entered
under
chapter
232
under
the
care
and
custody
of
the
department
of
health
and
human
services.
(3)
Is
described
by
any
of
the
following:
(a)
On
the
date
the
person
reached
age
eighteen
or
during
the
thirty
calendar
days
preceding
or
succeeding
that
date,
the
person
was
in
a
licensed
foster
care
placement
pursuant
to
a
court
order
entered
under
chapter
232
under
the
care
and
custody
of
the
department
of
health
and
human
services
or
juvenile
court
services.
(b)
On
the
date
the
person
reached
age
eighteen
or
during
the
thirty
calendar
days
preceding
or
succeeding
that
date,
the
person
was
under
a
court
order
under
chapter
232
to
live
with
a
relative
or
other
suitable
person.
(c)
The
person
was
in
a
licensed
foster
care
placement
pursuant
to
an
order
entered
under
chapter
232
prior
to
being
legally
adopted
after
reaching
age
sixteen.
(d)
On
the
date
the
person
reached
age
eighteen
or
during
the
thirty
calendar
days
preceding
or
succeeding
that
date,
the
person
was
placed
in
a
state
juvenile
institution
pursuant
to
a
court
order
entered
under
chapter
232
under
the
care
and
custody
of
the
department
of
health
and
human
services.
Sec.
1018.
Section
262.9A,
Code
2023,
is
amended
to
read
as
follows:
262.9A
Prohibition
of
controlled
substances.
The
state
board
of
regents
shall
adopt
a
policy
that
prohibits
unlawful
possession,
use,
or
distribution
of
Senate
File
514,
p.
650
controlled
substances
by
students
and
employees
on
property
owned
or
leased
by
an
institution
or
in
conjunction
with
activities
sponsored
by
an
institution
governed
by
the
board.
Each
institution
shall
provide
information
about
the
policy
to
all
students
and
employees.
The
policy
shall
include
a
clear
statement
of
sanctions
for
violation
of
the
policy
and
information
about
available
drug
or
alcohol
counseling
and
rehabilitation
programs.
In
carrying
out
this
policy,
the
institutions
shall
provide
substance
abuse
use
disorder
prevention
programs
for
students
and
employees.
Sec.
1019.
Section
262.70,
Code
2023,
is
amended
to
read
as
follows:
262.70
Education,
prevention,
and
research
programs
in
mental
health
and
disability
services.
The
division
of
mental
health
and
disability
services
of
the
department
of
health
and
human
services
may
contract
with
the
board
of
regents
or
any
institution
under
the
board’s
jurisdiction
to
establish
and
maintain
programs
of
education,
prevention,
and
research
in
the
fields
of
mental
health,
intellectual
disability,
developmental
disabilities,
and
brain
injury.
The
board
may
delegate
responsibility
for
these
programs
to
the
state
psychiatric
hospital,
the
university
hospital,
or
any
other
appropriate
entity
under
the
board’s
jurisdiction.
Sec.
1020.
Section
262.71,
Code
2023,
is
amended
to
read
as
follows:
262.71
Center
for
early
development
education.
The
board
of
regents
shall
develop
a
center
for
early
development
education
at
one
of
the
regents
institutions
specified
in
section
262.7,
subsections
1
through
3
.
The
center’s
programs
shall
be
conducted
in
a
laboratory
school
setting
to
serve
as
a
model
for
early
childhood
education.
The
programs
shall
include,
but
not
be
limited
to,
programs
designed
to
accommodate
the
needs
of
at-risk
children.
The
teacher
education
programs
at
all
three
state
universities
shall
cooperate
in
developing
the
center
and
its
programs.
The
center’s
programs
shall
take
a
holistic
approach
and
the
center
shall,
in
developing
its
programs,
consult
with
representatives
from
each
of
the
following
agencies,
institutions,
or
groups:
Senate
File
514,
p.
651
1.
The
university
of
northern
Iowa.
2.
Iowa
state
university.
3.
The
university
of
Iowa.
4.
The
division
of
child
and
family
services
of
the
department
of
human
services.
5.
The
department
of
public
health.
6.
4.
The
department
of
health
and
human
services.
7.
5.
An
early
childhood
development
specialist
from
an
area
education
agency.
8.
6.
A
parent
of
a
child
in
a
head
start
program.
9.
7.
The
department
of
education.
10.
8.
The
child
development
coordinating
council.
Sec.
1021.
Section
262.78,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
The
center
shall
cooperate
with
the
center
for
rural
health
and
primary
care,
established
under
department
of
health
and
human
services
pursuant
to
section
135.107
,
the
center
for
health
effects
of
environmental
contamination
established
pursuant
to
section
263.17
,
and
the
department
of
agriculture
and
land
stewardship.
The
agencies
shall
coordinate
programs
to
the
extent
practicable.
3.
The
president
of
the
university
of
Iowa,
in
consultation
with
the
president
of
Iowa
state
university
of
science
and
technology,
shall
employ
a
full-time
director
of
the
center.
The
center
may
employ
staff
to
carry
out
the
center’s
purpose.
The
director
shall
coordinate
the
agricultural
health
and
safety
programs
of
the
center.
The
director
shall
regularly
meet
and
consult
with
the
center
for
rural
health
and
primary
care
department
of
health
and
human
services
pursuant
to
section
135.107
.
The
director
shall
provide
the
board
of
regents
with
relevant
information
regarding
the
center.
Sec.
1022.
Section
263.8,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
In
addition
to
its
regular
work,
the
state
hygienic
laboratory
shall
perform
without
charge
all
bacteriological,
serological,
and
epidemiological
examinations
and
investigations
which
may
be
required
by
the
Iowa
department
of
public
health
and
human
services
and
the
department
shall
adopt
rules
pursuant
to
chapter
17A
therefor
for
the
examinations
Senate
File
514,
p.
652
and
investigations
.
The
laboratory
shall
also
provide,
those
laboratory,
scientific
field
measurement,
and
environmental
quality
services
which,
by
contract,
are
requested
by
the
other
agencies
of
government.
Sec.
1023.
Section
263.10,
Code
2023,
is
amended
to
read
as
follows:
263.10
Persons
admitted.
Every
resident
of
the
state
who
is
not
more
than
twenty-one
years
of
age,
who
has
such
severe
disabilities
as
to
be
unable
to
acquire
an
education
in
the
public
or
accredited
nonpublic
schools,
and
every
such
person
who
is
twenty-one
and
under
thirty-five
years
of
age
who
has
the
consent
of
the
state
board
of
regents,
shall
be
entitled
to
receive
an
education,
care,
and
training
in
the
university
of
Iowa
hospitals
and
clinics
center
for
disabilities
and
development,
and
nonresidents
similarly
situated
may
be
entitled
to
an
education
and
care
at
the
center
upon
such
terms
as
may
be
fixed
by
the
state
board
of
regents.
The
fee
for
nonresidents
shall
be
not
less
than
the
average
expense
of
resident
pupils
and
shall
be
paid
in
advance.
Residents
and
persons
under
the
care
and
control
of
a
director
of
a
division
of
the
department
of
health
and
human
services
who
have
severe
disabilities
may
be
transferred
to
the
center
upon
such
terms
as
may
be
agreed
upon
by
the
state
board
of
regents
and
the
director
of
health
and
human
services
.
Sec.
1024.
Section
263.17,
subsection
2,
paragraph
a,
subparagraph
(10),
Code
2023,
is
amended
to
read
as
follows:
(10)
The
Iowa
department
of
public
health
and
human
services
.
Sec.
1025.
Section
263.17,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
The
center
shall
cooperate
with
the
center
for
rural
health
and
primary
care,
established
under
department
of
health
and
human
services
pursuant
to
section
135.107
,
the
center
for
agricultural
safety
and
health
established
under
section
262.78
,
and
the
department
of
agriculture
and
land
stewardship.
The
agencies
shall
coordinate
programs
to
the
extent
practicable.
Sec.
1026.
Section
263.21,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
653
263.21
Transfer
of
patients
from
state
institutions.
The
director
of
the
department
of
health
and
human
services,
in
respect
to
institutions
under
the
director’s
control,
the
administrator
of
any
of
the
divisions
of
the
department,
in
respect
to
the
institutions
under
the
administrator’s
control,
the
director
of
the
department
of
corrections,
in
respect
to
the
institutions
under
the
department’s
control,
and
the
state
board
of
regents,
in
respect
to
the
Iowa
braille
and
sight
saving
school
and
the
Iowa
school
for
the
deaf,
may
send
any
inmate,
student,
or
patient
of
an
institution,
or
any
person
committed
or
applying
for
admission
to
an
institution,
to
the
university
of
Iowa
hospitals
and
clinics
for
treatment
and
care.
The
department
of
health
and
human
services,
the
department
of
corrections,
and
the
state
board
of
regents
shall
respectively
pay
the
traveling
expenses
of
such
patient,
and
when
necessary
the
traveling
expenses
of
an
attendant
for
the
patient,
out
of
funds
appropriated
for
the
use
of
the
institution
from
which
the
patient
is
sent.
Sec.
1027.
Section
263B.7,
Code
2023,
is
amended
to
read
as
follows:
263B.7
Ancient
remains.
The
state
archaeologist
has
the
primary
responsibility
for
investigating,
preserving,
and
reinterring
discoveries
of
ancient
human
remains.
For
the
purposes
of
this
section
,
ancient
human
remains
are
those
remains
found
within
the
state
which
are
more
than
one
hundred
fifty
years
old.
The
state
archaeologist
shall
make
arrangements
for
the
services
of
a
forensic
osteologist
in
studying
and
interpreting
ancient
burials
and
may
designate
other
qualified
archaeologists
to
assist
the
state
archaeologist
in
recovering
physical
and
cultural
information
about
the
ancient
burials.
The
state
archaeologist
shall
file
with
the
Iowa
department
of
public
health
and
human
services
a
written
report
containing
both
physical
and
cultural
information
regarding
the
remains
at
the
conclusion
of
each
investigation.
Sec.
1028.
Section
272C.1,
subsection
6,
paragraph
ad,
Code
2023,
is
amended
to
read
as
follows:
ad.
The
director
of
public
health
and
human
services
in
certifying
emergency
medical
care
providers
and
emergency
Senate
File
514,
p.
654
medical
care
services
pursuant
to
chapter
147A
.
Sec.
1029.
Section
272C.3,
subsection
1,
paragraph
k,
Code
2023,
is
amended
to
read
as
follows:
k.
Establish
a
licensee
review
committee
for
the
purpose
of
evaluating
and
monitoring
licensees
who
are
impaired
as
a
result
of
alcohol
or
drug
abuse
substance
use
disorder
,
dependency,
or
addiction,
or
by
any
mental
or
physical
disorder
or
disability,
and
who
self-report
the
impairment
to
the
committee,
or
who
are
referred
by
the
board
to
the
committee.
Members
of
the
committee
shall
receive
actual
expenses
for
the
performance
of
their
duties
and
shall
be
eligible
to
receive
per
diem
compensation
pursuant
to
section
7E.6
.
The
board
shall
adopt
rules
for
the
establishment
and
administration
of
the
committee,
including
but
not
limited
to
establishment
of
the
criteria
for
eligibility
for
referral
to
the
committee
and
the
grounds
for
disciplinary
action
for
noncompliance
with
committee
decisions.
Information
in
the
possession
of
the
board
or
the
licensee
review
committee,
under
this
paragraph,
shall
be
subject
to
the
confidentiality
requirements
of
section
272C.6
.
Referral
of
a
licensee
by
the
board
to
a
licensee
review
committee
shall
not
relieve
the
board
of
any
duties
of
the
board
and
shall
not
divest
the
board
of
any
authority
or
jurisdiction
otherwise
provided.
A
licensee
who
violates
section
272C.10
or
the
rules
of
the
board
while
under
review
by
the
licensee
review
committee
shall
be
referred
to
the
board
for
appropriate
action.
Sec.
1030.
Section
272C.6,
subsection
6,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
department
of
agriculture
and
land
stewardship,
the
department
of
commerce
insurance
and
financial
services,
the
department
of
inspections,
appeals,
and
licensing
,
and
the
Iowa
department
of
public
health
and
human
services
shall
each
adopt
rules
pursuant
to
chapter
17A
which
provide
for
the
allocation
of
fees
and
costs
collected
pursuant
to
this
section
to
the
board
under
its
jurisdiction
collecting
the
fees
and
costs.
The
fees
and
costs
shall
be
considered
repayment
receipts
as
defined
in
section
8.2
.
Sec.
1031.
Section
279.49,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
The
board
of
directors
of
a
school
corporation
may
Senate
File
514,
p.
655
operate
or
contract
for
the
operation
of
a
program
to
provide
child
care
to
children
not
enrolled
in
school
or
to
students
enrolled
in
kindergarten
through
grade
six
before
and
after
school,
or
to
both.
Programs
operated
or
contracted
by
a
board
shall
be
licensed
by
the
department
of
health
and
human
services
under
chapter
237A
as
a
child
care
center
unless
the
program
is
exempt
from
licensure
under
chapter
237A
.
Notwithstanding
requirements
of
the
department
of
health
and
human
services
regarding
space
allocated
to
child
care
centers
licensed
under
chapter
237A
,
a
program
operated
or
contracted
by
a
board
which
is
located
on
school
grounds
may
define
alternative
spaces,
in
policy
and
procedures,
appropriate
to
meet
the
needs
of
children
in
the
program
if
the
primary
space
is
required
for
another
use.
3.
The
facilities
housing
a
program
operated
under
this
section
shall
comply
with
standards
adopted
by
the
state
fire
marshal
for
school
buildings
under
chapter
100
.
In
addition,
if
a
program
involves
children
who
are
younger
than
school
age,
the
facilities
housing
those
children
shall
meet
the
fire
safety
standards
which
would
apply
to
that
age
of
child
in
a
child
care
facility
licensed
by
the
department
of
health
and
human
services.
Sec.
1032.
Section
279.50,
subsection
8,
Code
2023,
is
amended
to
read
as
follows:
8.
The
department
of
education
shall
identify
and
disseminate
information
about
early
intervention
programs
for
students
who
are
at
the
greatest
risk
of
suffering
from
the
problem
of
dropping
out
of
school,
substance
abuse
use
disorder
,
adolescent
pregnancy,
or
suicide.
Sec.
1033.
Section
279.60,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
school
district
shall
also
collect
information
from
each
parent,
guardian,
or
legal
custodian
of
a
kindergarten
student
enrolled
in
the
district
on
whether
the
student
attended
preschool.
Each
school
district
shall
report
the
preschool
information
collected
to
the
department
of
education
in
the
manner
prescribed
by
the
department
not
later
than
January
1
of
that
school
year.
The
early
childhood
Iowa
office
program
in
the
department
of
management
health
and
human
services
shall
have
access
to
the
raw
data.
The
department
of
education
shall
Senate
File
514,
p.
656
review
the
information
submitted
pursuant
to
this
section
and
shall
submit
its
findings
and
recommendations
annually
in
a
report
to
the
governor,
the
general
assembly,
the
early
childhood
Iowa
state
board,
and
the
early
childhood
Iowa
area
boards.
Sec.
1034.
Section
279.76,
subsection
3,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
“Emergent
care
situation”
means
a
sudden
or
unforeseen
occurrence
or
onset
of
a
medical
or
behavioral
condition
that
could
result
in
serious
injury
or
harm
to
a
student
or
others
in
the
event
immediate
medical
attention
is
not
provided.
“Emergent
care
situation”
includes
the
need
to
screen
a
student
or
others
for
symptoms
or
exposures
during
an
outbreak
or
public
health
event
of
concern
as
designated
by
the
department
of
public
health
and
human
services
.
Sec.
1035.
Section
280.13C,
subsection
3,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
department
of
public
health
and
human
services
,
the
Iowa
high
school
athletic
association,
and
the
Iowa
girls
high
school
athletic
union
shall
work
together
to
develop
training
materials
and
courses
regarding
concussions
and
brain
injuries,
including
training
regarding
evaluation,
prevention,
symptoms,
risks,
and
long-term
effects
of
concussions
and
brain
injuries.
Each
coach
or
contest
official
shall
complete
such
training
at
least
every
two
years.
Sec.
1036.
Section
280.13C,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Guidelines
and
information
sheet.
a.
The
department
of
public
health
and
human
services
,
the
Iowa
high
school
athletic
association,
and
the
Iowa
girls
high
school
athletic
union
shall
work
together
to
distribute
the
guidelines
of
the
centers
for
disease
control
and
prevention
of
the
United
States
department
of
health
and
human
services
and
other
pertinent
information
to
inform
and
educate
coaches,
students,
and
the
parents
and
guardians
of
students
of
the
risks,
signs,
symptoms,
and
behaviors
consistent
with
a
concussion
or
brain
injury,
including
the
danger
of
continuing
to
participate
in
extracurricular
interscholastic
activities
after
suffering
a
concussion
or
brain
injury
and
their
Senate
File
514,
p.
657
responsibility
to
report
such
signs,
symptoms,
and
behaviors
if
they
occur.
b.
For
school
years
beginning
on
or
after
July
1,
2018,
each
school
district
and
nonpublic
school
shall
provide
to
the
parent
or
guardian
of
each
student
in
grades
seven
through
twelve
a
concussion
and
brain
injury
information
sheet,
as
provided
by
the
department
of
public
health
and
human
services
,
the
Iowa
high
school
athletic
association,
and
the
Iowa
girls
high
school
athletic
union.
The
student
and
the
student’s
parent
or
guardian
shall
sign
and
return
a
copy
of
the
concussion
and
brain
injury
information
sheet
to
the
student’s
school
prior
to
the
student’s
participation
in
any
extracurricular
interscholastic
activity.
Sec.
1037.
Section
280.13C,
subsection
6,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
department
of
public
health
and
human
services
,
in
cooperation
with
the
Iowa
high
school
athletic
association
and
the
Iowa
girls
high
school
athletic
union,
shall
develop
a
return-to-play
protocol
based
on
peer-reviewed
scientific
evidence
consistent
with
the
guidelines
of
the
centers
for
disease
control
and
prevention
of
the
United
States
department
of
health
and
human
services,
for
a
student’s
return
to
participation
in
any
extracurricular
interscholastic
activity
after
showing
signs,
symptoms,
or
behaviors
consistent
with
a
concussion
or
brain
injury.
The
department
of
public
health
and
human
services
shall
adopt
the
return-to-play
protocol
by
rule
pursuant
to
chapter
17A
.
The
board
of
directors
of
each
school
district
and
the
authorities
in
charge
of
each
accredited
nonpublic
school
with
enrolled
students
who
participate
in
an
extracurricular
interscholastic
activity
which
is
a
contest
in
grades
seven
through
twelve
shall
adopt
such
protocol
by
July
1,
2019.
Sec.
1038.
Section
280.16,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
“Bronchodilator”
means
a
bronchodilator
as
recommended
by
the
department
of
public
health
and
human
services
for
treatment
of
a
student’s
respiratory
distress,
asthma,
or
other
airway
constricting
disease.
Sec.
1039.
Section
280.16,
subsection
7,
Code
2023,
is
Senate
File
514,
p.
658
amended
to
read
as
follows:
7.
The
Iowa
braille
and
sight
saving
school,
the
Iowa
school
for
the
deaf,
and
the
institutions
under
the
control
of
the
department
of
health
and
human
services
as
provided
in
section
218.1
are
exempt
from
the
provisions
of
this
section
.
Sec.
1040.
Section
280.17,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
board
of
directors
of
a
school
district
and
the
authorities
in
charge
of
a
nonpublic
school
shall
prescribe
procedures,
in
accordance
with
the
guidelines
contained
in
the
model
policy
developed
by
the
department
of
education
in
consultation
with
the
department
of
health
and
human
services,
and
adopted
by
the
department
of
education
pursuant
to
chapter
17A
,
for
the
handling
of
reports
of
child
abuse,
as
defined
in
section
232.68,
subsection
2
,
paragraph
“a”
,
subparagraph
(1),
(3),
or
(5),
alleged
to
have
been
committed
by
an
employee
or
agent
of
the
public
or
nonpublic
school.
Sec.
1041.
Section
280.25,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
board
of
directors
of
each
public
school
and
the
authorities
in
charge
of
each
accredited
nonpublic
school
shall
adopt
a
policy
and
the
superintendent
of
each
public
school
shall
adopt
rules
which
provide
that
the
school
district
or
school
may
share
information
contained
within
a
student’s
permanent
record
pursuant
to
an
interagency
agreement
with
state
and
local
agencies
that
are
part
of
the
juvenile
justice
system.
These
agencies
include,
but
are
not
limited
to,
juvenile
court
services,
the
department
of
health
and
human
services,
and
local
law
enforcement
authorities.
The
disclosure
of
information
shall
be
directly
related
to
the
juvenile
justice
system’s
ability
to
effectively
serve,
prior
to
adjudication,
the
student
whose
records
are
being
released.
Sec.
1042.
Section
280.29,
subsection
1,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
Enter
into
a
memorandum
of
understanding
with
the
department
of
health
and
human
services
regarding
the
exchange
of
information
as
appropriate
to
facilitate
the
enrollment
transition
of
children
adjudicated
under
chapter
232
or
receiving
foster
care
services
from
one
school
to
another
Senate
File
514,
p.
659
school.
Sec.
1043.
Section
280.32,
subsections
3
and
6,
Code
2023,
are
amended
to
read
as
follows:
3.
Radon
testing
pursuant
to
this
section
conducted
on
and
after
July
1,
2022,
shall
be
conducted
by
a
person
certified
to
conduct
such
testing
pursuant
to
section
136B.1
or
by
district
employees
that
have
completed
a
school
radon
testing
training
program
approved
by
the
department
of
education
and
the
department
of
public
health
and
human
services
.
District
employees
that
have
completed
training
shall
not
perform
testing
services
in
locations
other
than
the
employee’s
employing
district.
The
department
of
public
health
and
human
services
shall
maintain
and
make
available
to
school
districts
a
list
of
such
approved
school
radon
testing
training
programs.
Testing
shall
be
based
on
recognized
national
standards
that
outline
school
radon
testing
practices.
6.
In
consultation
with
appropriate
stakeholders
and
the
department
of
education,
the
department
of
public
health
and
human
services
shall
adopt
rules
to
administer
this
section
.
Sec.
1044.
Section
280A.1,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
“Behavioral
health
screening”
or
“screening”
means
a
screening
and
assessment
performed
using
a
universal
behavioral
health
screening
and
assessment
tool,
approved
for
use
by
the
department
of
education
in
consultation
with
the
department
of
public
health
and
the
department
of
human
services,
to
identify
factors
that
place
children
at
higher
risk
for
behavioral
health
conditions,
to
determine
appropriate
treatment
or
intervention,
and
to
identify
the
need
for
referral
for
appropriate
services.
Sec.
1045.
Section
282.18,
subsection
7,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
If
a
request
to
transfer
is
due
to
a
change
in
family
residence,
a
change
in
a
child’s
residence
from
the
residence
of
one
parent
or
guardian
to
the
residence
of
a
different
parent
or
guardian,
a
change
in
the
state
in
which
the
family
residence
is
located,
a
change
in
a
child’s
parents’
marital
status,
a
guardianship
proceeding,
placement
in
foster
care,
adoption,
participation
in
a
foreign
exchange
program,
or
participation
in
a
substance
abuse
use
disorder
or
mental
health
treatment
Senate
File
514,
p.
660
program,
and
the
child
who
is
the
subject
of
the
request
is
enrolled
in
any
grade
from
kindergarten
through
grade
twelve
or
who
is
a
prekindergarten
student
enrolled
in
a
special
education
program
at
the
time
of
the
request
and
is
not
currently
using
any
provision
of
open
enrollment,
the
parent
or
guardian
of
the
child
shall
have
the
option
to
have
the
child
remain
in
the
child’s
original
district
of
residence
under
open
enrollment
with
no
interruption
in
the
child’s
educational
program.
If
a
parent
or
guardian
exercises
this
option,
the
child’s
new
district
of
residence
is
not
required
to
pay
the
amount
calculated
in
subsection
5
or
6
,
as
applicable,
until
the
start
of
the
first
full
year
of
enrollment
of
the
child.
Sec.
1046.
Section
282.18,
subsection
9,
paragraph
a,
subparagraph
(8),
Code
2023,
is
amended
to
read
as
follows:
(8)
If
the
pupil
participates
in
open
enrollment
because
of
circumstances
that
meet
the
definition
of
good
cause.
For
purposes
of
this
subparagraph,
“good
cause”
means
a
change
in
a
child’s
residence
due
to
a
change
in
family
residence,
a
change
in
a
child’s
residence
from
the
residence
of
one
parent
or
guardian
to
the
residence
of
a
different
parent
or
guardian,
a
change
in
the
state
in
which
the
family
residence
is
located,
a
change
in
a
child’s
parents’
marital
status,
a
guardianship
or
custody
proceeding,
placement
in
foster
care,
adoption,
participation
in
a
foreign
exchange
program,
initial
placement
of
a
prekindergarten
student
in
a
special
education
program
requiring
specially
designed
instruction,
or
participation
in
a
substance
abuse
use
disorder
or
mental
health
treatment
program,
a
change
in
the
status
of
a
child’s
resident
district
such
as
removal
of
accreditation
by
the
state
board,
surrender
of
accreditation,
or
permanent
closure
of
a
nonpublic
school,
revocation
of
a
charter
school
contract
as
provided
in
section
256E.10
or
256F.8
,
the
failure
of
negotiations
for
a
whole
grade
sharing,
reorganization,
dissolution
agreement,
or
the
rejection
of
a
current
whole
grade
sharing
agreement,
or
reorganization
plan.
Sec.
1047.
Section
282.19,
Code
2023,
is
amended
to
read
as
follows:
282.19
Child
living
in
substance
abuse
use
disorder
or
foster
care
placement.
Senate
File
514,
p.
661
1.
A
child
who
is
living
in
a
facility
that
provides
residential
treatment
as
“facility”
is
defined
in
section
125.2
,
which
is
located
in
a
school
district
other
than
the
school
district
in
which
the
child
resided
before
entering
the
facility
may
enroll
in
and
attend
an
accredited
school
in
the
school
district
in
which
the
child
is
living.
2.
A
child
who
is
living
in
a
licensed
individual
or
agency
child
foster
care
facility,
as
defined
in
section
237.1
,
or
in
an
unlicensed
relative
foster
care
placement,
shall
remain
enrolled
in
and
attend
an
accredited
school
in
the
school
district
in
which
the
child
resided
and
is
enrolled
at
the
time
of
placement,
unless
it
is
determined
by
the
juvenile
court
or
the
public
or
private
agency
of
this
state
that
has
responsibility
for
the
child’s
placement
that
remaining
in
such
school
is
not
in
the
best
interests
of
the
child.
If
such
a
determination
is
made,
the
child
may
attend
an
accredited
school
located
in
the
school
district
in
which
the
child
is
living
and
not
in
the
school
district
in
which
the
child
resided
prior
to
receiving
foster
care.
3.
The
instructional
costs
for
students
who
do
not
require
special
education
shall
be
paid
as
provided
in
section
282.31,
subsection
1
,
paragraph
“b”
,
or
for
students
who
require
special
education
shall
be
paid
as
provided
in
section
282.31,
subsection
2
or
3
.
Sec.
1048.
Section
282.27,
subsection
3,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
child
is
not
placed
by
the
department
of
health
and
human
services
or
a
court
in
a
day
program
treatment
program
in
such
psychiatric
unit
or
institution.
Sec.
1049.
Section
282.27,
subsection
4,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
child
is
not
placed
by
the
department
of
health
and
human
services
or
a
court
in
a
day
program
treatment
program
in
such
psychiatric
unit
or
institution.
Sec.
1050.
Section
282.33,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
child
who
resides
in
an
institution
for
children
under
the
jurisdiction
of
the
director
of
health
and
human
services
referred
to
in
section
218.1,
subsection
3,
4,
or
5,
or
6,
Senate
File
514,
p.
662
and
who
is
not
enrolled
in
the
educational
program
of
the
district
of
residence
of
the
child,
shall
receive
appropriate
educational
services.
The
institution
in
which
the
child
resides
shall
submit
a
proposed
program
and
budget
based
on
the
average
daily
attendance
of
the
children
residing
in
the
institution
to
the
department
of
education
and
the
department
of
health
and
human
services
by
January
1
for
the
next
succeeding
school
year.
The
department
of
education
shall
review
and
approve
or
modify
the
proposed
program
and
budget
and
shall
notify
the
department
of
administrative
services
of
its
action
by
February
1.
The
department
of
administrative
services
shall
pay
the
approved
budget
amount
to
the
department
of
health
and
human
services
in
monthly
installments
beginning
September
15
and
ending
June
15
of
the
next
succeeding
school
year.
The
installments
shall
be
as
nearly
equal
as
possible
as
determined
by
the
department
of
administrative
services,
taking
into
consideration
the
relative
budget
and
cash
position
of
the
state’s
resources.
The
department
of
administrative
services
shall
pay
the
approved
budget
amount
for
the
department
of
health
and
human
services
from
the
moneys
appropriated
under
section
257.16
and
the
department
of
health
and
human
services
shall
distribute
the
payment
to
the
institution.
The
institution
shall
submit
an
accounting
for
the
actual
cost
of
the
program
to
the
department
of
education
by
August
1
of
the
following
school
year.
The
department
shall
review
and
approve
or
modify
all
expenditures
incurred
in
compliance
with
the
guidelines
adopted
pursuant
to
section
256.7,
subsection
10
,
and
shall
notify
the
department
of
administrative
services
of
the
approved
accounting
amount.
The
approved
accounting
amount
shall
be
compared
with
any
amounts
paid
by
the
department
of
administrative
services
to
the
department
of
health
and
human
services
and
any
differences
added
to
or
subtracted
from
the
October
payment
made
under
this
subsection
for
the
next
school
year.
Any
amount
paid
by
the
department
of
administrative
services
shall
be
deducted
monthly
from
the
state
foundation
aid
paid
under
section
257.16
to
all
school
districts
in
the
state
during
the
subsequent
fiscal
year.
The
portion
of
the
total
amount
of
the
approved
budget
that
shall
be
deducted
from
the
state
aid
of
a
school
district
shall
be
the
same
as
the
ratio
Senate
File
514,
p.
663
that
the
budget
enrollment
for
the
budget
year
of
the
school
district
bears
to
the
total
budget
enrollment
in
the
state
for
that
budget
year
in
which
the
deduction
is
made.
Sec.
1051.
Section
283A.2,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Each
school
district
that
operates
or
provides
for
a
school
breakfast
or
lunch
program
shall
provide
for
the
forwarding
of
information
from
the
applications
for
the
school
breakfast
or
lunch
program,
for
which
federal
funding
is
provided,
to
identify
children
for
enrollment
in
the
medical
assistance
program
pursuant
to
chapter
249A
or
the
healthy
and
well
kids
in
Iowa
program
pursuant
to
chapter
514I
to
the
department
of
health
and
human
services.
Sec.
1052.
Section
285.1,
subsection
1,
paragraph
a,
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
(3)
Children
attending
prekindergarten
programs
offered
or
sponsored
by
the
district
or
nonpublic
school
and
approved
by
the
department
of
education
or
department
of
health
and
human
services
or
children
participating
in
preschool
in
an
approved
local
program
under
chapter
256C
may
be
provided
transportation
services.
However,
transportation
services
provided
to
nonpublic
school
children
are
not
eligible
for
reimbursement
under
this
chapter
.
Sec.
1053.
Section
303.3C,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
department
of
cultural
affairs
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
authentic
qualities
of
communities,
regions,
neighborhoods,
and
districts
that
make
such
places
exceptional
places
to
work
and
live.
The
department
of
cultural
affairs
shall
provide
administrative
assistance
to
the
Iowa
great
places
board.
The
department
of
cultural
affairs
shall
coordinate
the
efforts
of
the
Iowa
great
places
board
with
the
efforts
of
state
agencies
participating
in
the
program
which
shall
include
,
but
not
be
limited
to
,
the
economic
development
authority,
the
Iowa
finance
authority,
the
department
of
health
and
human
rights
services
,
the
department
of
natural
resources,
the
state
department
of
transportation,
and
the
department
of
Senate
File
514,
p.
664
workforce
development.
Sec.
1054.
Section
307.24,
subsection
5,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
For
department
of
health
and
human
services
facility
roads,
six
and
one-half
percent.
Sec.
1055.
Section
321.1,
subsection
8,
paragraph
g,
Code
2023,
is
amended
to
read
as
follows:
g.
If
authorized
to
transport
patients
or
clients
by
the
director
of
the
department
of
health
and
human
services
or
the
director’s
designee,
an
employee
of
the
department
of
health
and
human
services
is
not
a
chauffeur
when
transporting
the
patients
or
clients
in
an
automobile.
Sec.
1056.
Section
321.19,
subsection
1,
paragraph
c,
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
(3)
Persons
in
the
department
of
justice,
the
alcoholic
beverages
division
of
the
department
of
commerce,
disease
investigators
of
the
Iowa
department
of
public
health
and
human
services
,
the
department
of
inspections
and
appeals,
and
the
department
of
revenue,
who
are
regularly
assigned
to
conduct
investigations
which
cannot
reasonably
be
conducted
with
a
vehicle
displaying
“official”
state
registration
plates.
Sec.
1057.
Section
321.34,
subsection
11A,
paragraphs
b
and
c,
Code
2023,
are
amended
to
read
as
follows:
b.
Love
our
kids
plates
shall
be
designed
by
the
department
in
cooperation
with
the
Iowa
department
of
public
health
and
human
services
.
c.
The
special
fee
for
letter-number
designated
love
our
kids
plates
is
thirty-five
dollars.
The
fee
for
personalized
love
our
kids
plates
is
twenty-five
dollars,
which
shall
be
paid
in
addition
to
the
special
love
our
kids
fee
of
thirty-five
dollars.
The
fees
collected
by
the
director
under
this
subsection
shall
be
paid
monthly
to
the
treasurer
of
state
and
deposited
in
the
road
use
tax
fund.
The
treasurer
of
state
shall
transfer
monthly
from
the
statutory
allocations
fund
created
under
section
321.145,
subsection
2
,
to
the
Iowa
department
of
public
health
and
human
services
the
amount
of
the
special
fees
collected
in
the
previous
month
for
the
love
our
kids
plates.
Notwithstanding
section
8.33
,
moneys
transferred
under
this
subsection
shall
not
revert
to
the
general
fund
of
Senate
File
514,
p.
665
the
state.
Sec.
1058.
Section
321.34,
subsection
23,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
The
special
fee
for
letter-number
designated
breast
cancer
awareness
plates
is
thirty-five
dollars.
The
fee
for
personalized
breast
cancer
awareness
plates
is
twenty-five
dollars,
which
shall
be
paid
in
addition
to
the
special
breast
cancer
awareness
fee
of
thirty-five
dollars.
The
fees
collected
by
the
director
under
this
subsection
shall
be
paid
monthly
to
the
treasurer
of
state
and
deposited
in
the
road
use
tax
fund.
The
treasurer
of
state
shall
transfer
monthly
from
the
statutory
allocations
fund
created
under
section
321.145,
subsection
2
,
to
the
Iowa
department
of
public
health
and
human
services
the
amount
of
the
special
fees
collected
in
the
previous
month
for
the
breast
cancer
awareness
plates
and
such
funds
are
appropriated
to
the
Iowa
department
of
public
health
and
human
services
.
The
Iowa
department
of
public
health
and
human
services
shall
distribute
one
hundred
percent
of
the
funds
received
monthly
in
the
form
of
grants
to
support
breast
cancer
screenings
for
both
men
and
women
who
meet
eligibility
requirements
like
those
established
by
the
Susan
G.
Komen
foundation.
In
the
awarding
of
grants,
the
Iowa
department
of
public
health
and
human
services
shall
give
first
consideration
to
affiliates
of
the
Susan
G.
Komen
foundation
and
similar
nonprofit
organizations
providing
for
breast
cancer
screenings
at
no
cost
in
Iowa.
Notwithstanding
section
8.33
,
moneys
transferred
under
this
subsection
shall
not
revert
to
the
general
fund
of
the
state.
Sec.
1059.
Section
321.178,
subsection
1,
paragraph
a,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
A
minimum
of
four
hours
of
instruction
concerning
substance
abuse
use
disorder
and
distracted
driving.
Sec.
1060.
Section
321.178A,
subsection
3,
paragraph
a,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
Instruction
concerning
substance
abuse
use
disorder
and
distracted
driving.
Sec.
1061.
Section
321.215,
subsection
1,
paragraph
a,
subparagraph
(4),
Code
2023,
is
amended
to
read
as
follows:
(4)
The
person’s
substance
abuse
use
disorder
treatment.
Senate
File
514,
p.
666
Sec.
1062.
Section
321.231B,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
An
emergency
medical
care
provider,
as
defined
in
section
147A.1
,
operating
the
authorized
emergency
vehicle
who
has
completed
an
emergency
vehicle
operations
course
and
any
applicable
continuing
education
requirements
established
or
approved
by
the
department
of
public
health
and
human
services
.
Sec.
1063.
Section
321.423,
subsection
7,
paragraph
a,
subparagraph
(2),
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
On
a
vehicle
authorized
by
the
director
of
public
health
and
human
services
when
all
of
the
following
apply:
Sec.
1064.
Section
321.423,
subsection
7,
paragraph
a,
subparagraph
(2),
subparagraph
division
(b),
Code
2023,
is
amended
to
read
as
follows:
(b)
The
request
for
authorization
is
made
by
the
member
on
forms
provided
by
the
Iowa
department
of
public
health
and
human
services
.
Sec.
1065.
Section
321.423,
subsection
7,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
Iowa
department
of
public
health
and
human
services
shall
adopt
rules
to
establish
issuance
standards,
including
allowing
local
emergency
medical
service
providers
to
issue
certificates
of
authorization,
and
shall
adopt
rules
to
establish
certificate
of
authorization
revocation
procedures.
Sec.
1066.
Section
321.451,
subsection
1,
paragraph
h,
Code
2023,
is
amended
to
read
as
follows:
h.
A
vehicle
owned
by
a
chief,
medical
director,
or
certified
medical
provider
of
an
authorized
emergency
medical
service,
if
the
application
for
a
certificate
of
designation
is
requested
by
the
chief,
medical
officer,
or
medical
director
of
the
authorized
emergency
medical
service.
However,
the
department
shall
not
approve
an
application
received
pursuant
to
this
paragraph
unless
the
owner
of
the
vehicle
has
completed
an
emergency
vehicle
operations
course
approved
by
the
department
of
public
health
and
human
services
,
and
provided
proof
of
financial
liability
coverage
or
risk
pool
coverage.
Sec.
1067.
Section
321J.2,
subsection
3,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
667
e.
Assignment
to
substance
abuse
use
disorder
evaluation
and
treatment,
a
course
for
drinking
drivers,
and,
if
available
and
appropriate,
a
reality
education
substance
abuse
use
disorder
prevention
program
pursuant
to
section
321J.24
.
Sec.
1068.
Section
321J.2,
subsection
4,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
Assignment
to
substance
abuse
use
disorder
evaluation
and
treatment,
a
course
for
drinking
drivers,
and,
if
available
and
appropriate,
a
reality
education
substance
abuse
use
disorder
prevention
program
pursuant
to
section
321J.24
.
Sec.
1069.
Section
321J.2,
subsection
5,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
Assignment
to
substance
abuse
use
disorder
evaluation
and
treatment,
a
course
for
drinking
drivers,
and,
if
available
and
appropriate,
a
reality
education
substance
abuse
use
disorder
prevention
program
pursuant
to
section
321J.24
.
Sec.
1070.
Section
321J.2,
subsection
7,
paragraphs
a
and
b,
Code
2023,
are
amended
to
read
as
follows:
a.
All
persons
convicted
of
an
offense
under
subsection
2
shall
be
ordered,
at
the
person’s
expense,
to
undergo,
prior
to
sentencing,
a
substance
abuse
use
disorder
evaluation.
The
court
shall
order
the
person
to
follow
the
recommendations
proposed
in
the
substance
abuse
use
disorder
evaluation
as
provided
in
section
321J.3
.
b.
Where
the
program
is
available
and
is
appropriate
for
the
convicted
person,
a
person
convicted
of
an
offense
under
subsection
2
shall
be
ordered
to
participate
in
a
reality
education
substance
abuse
use
disorder
prevention
program
as
provided
in
section
321J.24
.
Sec.
1071.
Section
321J.3,
Code
2023,
is
amended
to
read
as
follows:
321J.3
Substance
abuse
use
disorder
evaluation
or
treatment
——
rules.
1.
a.
In
addition
to
orders
issued
pursuant
to
section
321J.2,
subsections
3,
4,
and
5
,
and
section
321J.17
,
the
court
shall
order
any
defendant
convicted
under
section
321J.2
to
follow
the
recommendations
proposed
in
the
substance
abuse
use
disorder
evaluation
for
appropriate
substance
abuse
use
disorder
treatment
for
the
defendant.
Court-ordered
substance
Senate
File
514,
p.
668
abuse
use
disorder
treatment
is
subject
to
the
periodic
reporting
requirements
of
section
125.86
.
b.
If
a
defendant
is
committed
by
the
court
to
a
substance
abuse
use
disorder
treatment
facility,
the
administrator
of
the
facility
shall
report
to
the
court
when
it
is
determined
that
the
defendant
has
received
the
maximum
benefit
of
treatment
at
the
facility
and
the
defendant
shall
be
released
from
the
facility.
The
time
for
which
the
defendant
is
committed
for
treatment
shall
be
credited
against
the
defendant’s
sentence.
c.
The
court
may
prescribe
the
length
of
time
for
the
evaluation
and
treatment
or
it
may
request
that
the
community
college
or
other
approved
provider
conducting
the
course
for
drinking
drivers
which
the
person
is
ordered
to
attend
or
the
treatment
program
to
which
the
person
is
committed
immediately
report
to
the
court
when
the
person
has
received
maximum
benefit
from
the
course
for
drinking
drivers
or
treatment
program
or
has
recovered
from
the
person’s
addiction,
dependency,
or
tendency
to
chronically
abuse
use
alcohol
or
drugs.
d.
Upon
successfully
completing
a
course
for
drinking
drivers
or
an
ordered
substance
abuse
use
disorder
treatment
program,
a
court
may
place
the
person
on
probation
for
six
months
and
as
a
condition
of
probation,
the
person
shall
attend
a
program
providing
posttreatment
services
relating
to
substance
abuse
use
disorder
as
approved
by
the
court.
e.
A
person
committed
under
this
section
who
does
not
possess
sufficient
income
or
estate
to
make
payment
of
the
costs
of
the
treatment
in
whole
or
in
part
shall
be
considered
a
state
patient
and
the
costs
of
treatment
shall
be
paid
as
provided
in
section
125.44
.
f.
A
defendant
who
fails
to
carry
out
the
order
of
the
court
shall
be
confined
in
the
county
jail
for
twenty
days
in
addition
to
any
other
imprisonment
ordered
by
the
court
or
may
be
ordered
to
perform
unpaid
community
service
work,
and
shall
be
placed
on
probation
for
one
year
with
a
violation
of
this
probation
punishable
as
contempt
of
court.
g.
In
addition
to
any
other
condition
of
probation,
the
person
shall
attend
a
program
providing
substance
abuse
use
disorder
prevention
services
or
posttreatment
services
related
to
substance
abuse
use
disorder
as
ordered
by
the
court.
The
Senate
File
514,
p.
669
person
shall
report
to
the
person’s
probation
officer
as
ordered
concerning
proof
of
attendance
at
the
treatment
program
or
posttreatment
program
ordered
by
the
court.
Failure
to
attend
or
complete
the
program
shall
be
considered
a
violation
of
probation
and
is
punishable
as
contempt
of
court.
2.
a.
Upon
a
second
or
subsequent
offense
in
violation
of
section
321J.2
,
the
court
upon
hearing
may
commit
the
defendant
for
inpatient
treatment
of
alcoholism
or
drug
addiction
or
dependency
to
any
hospital,
institution,
or
community
correctional
facility
in
Iowa
providing
such
treatment.
The
time
for
which
the
defendant
is
committed
for
treatment
shall
be
credited
against
the
defendant’s
sentence.
b.
The
court
may
prescribe
the
length
of
time
for
the
evaluation
and
treatment
or
it
may
request
that
the
hospital
to
which
the
person
is
committed
immediately
report
to
the
court
when
the
person
has
received
maximum
benefit
from
the
program
of
the
hospital
or
institution
or
has
recovered
from
the
person’s
addiction,
dependency,
or
tendency
to
chronically
abuse
use
alcohol
or
drugs.
c.
A
person
committed
under
this
section
who
does
not
possess
sufficient
income
or
estate
to
make
payment
of
the
costs
of
the
treatment
in
whole
or
in
part
shall
be
considered
a
state
patient
and
the
costs
of
treatment
shall
be
paid
as
provided
in
section
125.44
.
3.
The
state
department
of
transportation,
in
cooperation
with
the
judicial
branch,
shall
adopt
rules,
pursuant
to
the
procedure
in
section
125.33
,
regarding
the
assignment
of
persons
ordered
under
section
321J.17
to
submit
to
substance
abuse
use
disorder
evaluation
and
treatment.
The
rules
shall
be
applicable
only
to
persons
other
than
those
committed
to
the
custody
of
the
director
of
the
department
of
corrections
under
section
321J.2
.
The
rules
shall
be
consistent
with
the
practices
and
procedures
of
the
judicial
branch
in
sentencing
persons
to
substance
abuse
use
disorder
evaluation
and
treatment
under
section
321J.2
.
The
rules
shall
include
the
requirement
that
the
treatment
programs
utilized
by
a
person
pursuant
to
an
order
of
the
department
of
transportation
meet
the
licensure
standards
of
the
department
of
public
health
and
human
services
for
substance
abuse
use
disorder
treatment
Senate
File
514,
p.
670
programs
under
chapter
125
.
The
rules
shall
also
include
provisions
for
payment
of
costs
by
the
offenders,
including
insurance
reimbursement
on
behalf
of
offenders,
or
other
forms
of
funding,
and
shall
also
address
reporting
requirements
of
the
facility,
consistent
with
the
provisions
of
sections
125.84
and
125.86
.
The
department
of
transportation
shall
be
entitled
to
treatment
information
contained
in
reports
to
the
department
of
transportation,
notwithstanding
any
provision
of
chapter
125
that
would
restrict
department
access
to
treatment
information
and
records.
Sec.
1072.
Section
321J.17,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
court
or
department
may
request
that
the
community
college
or
substance
abuse
use
disorder
treatment
providers
licensed
under
chapter
125
or
other
approved
provider
conducting
the
course
for
drinking
drivers
that
the
person
is
ordered
to
attend
immediately
report
to
the
court
or
department
that
the
person
has
successfully
completed
the
course
for
drinking
drivers.
The
court
or
department
may
request
that
the
treatment
program
which
the
person
attends
periodically
report
on
the
defendant’s
attendance
and
participation
in
the
program,
as
well
as
the
status
of
treatment
or
rehabilitation.
Sec.
1073.
Section
321J.22,
subsections
2,
4,
and
5,
Code
2023,
are
amended
to
read
as
follows:
2.
a.
The
course
provided
according
to
this
section
shall
be
offered
on
a
regular
basis
at
each
community
college
as
defined
in
section
260C.2
,
or
by
substance
abuse
use
disorder
treatment
programs
licensed
under
chapter
125
,
or
may
be
offered
at
a
state
correctional
facility
listed
in
section
904.102
.
However,
a
community
college
shall
not
be
required
to
offer
the
course
if
a
substance
abuse
use
disorder
treatment
program
licensed
under
chapter
125
offers
the
course
within
the
merged
area
served
by
the
community
college.
b.
Enrollment
in
the
courses
is
not
limited
to
persons
ordered
to
enroll,
attend,
and
successfully
complete
the
course
required
under
sections
321J.2
and
321J.17,
subsection
2
.
However,
any
person
under
age
eighteen
who
is
required
to
attend
the
courses
for
violation
of
section
321J.2
or
321J.17
must
attend
a
course
offered
by
a
substance
abuse
use
disorder
Senate
File
514,
p.
671
treatment
program
licensed
under
chapter
125
.
c.
The
course
required
by
this
section
shall
be:
(1)
Taught
by
a
community
college
under
the
supervision
of
the
department
of
education
or
by
a
substance
abuse
use
disorder
treatment
program
licensed
under
chapter
125
,
and
may
be
offered
at
a
state
correctional
facility.
(2)
Approved
by
the
department
of
education,
in
consultation
with
the
community
colleges,
substance
abuse
use
disorder
treatment
programs
licensed
under
chapter
125
,
the
department
of
public
health
and
human
services
,
and
the
department
of
corrections.
d.
The
department
of
education
may
approve
a
provider
of
a
course
for
drinking
drivers
offered
outside
this
state
upon
proof
to
the
department’s
satisfaction
that
the
course
is
comparable
to
those
offered
by
community
colleges,
substance
abuse
use
disorder
treatment
programs
licensed
under
chapter
125
,
and
state
correctional
facilities
as
provided
in
this
section
.
The
department
shall
comply
with
the
requirements
of
subsection
5
regarding
such
approved
providers.
e.
The
department
of
education
shall
establish
reasonable
fees
to
defray
the
expense
of
obtaining
classroom
space,
instructor
salaries,
and
class
materials
for
courses
offered
both
by
community
colleges
and
by
substance
abuse
use
disorder
treatment
programs
licensed
under
chapter
125
,
or
for
classes
offered
at
a
state
correctional
facility,
and
for
administrative
expenses
incurred
by
the
department
of
education
in
implementing
subsection
5
on
behalf
of
in-state
and
out-of-state
offenders.
f.
A
person
shall
not
be
denied
enrollment
in
a
course
by
reason
of
the
person’s
indigency.
4.
The
department
of
education,
substance
abuse
use
disorder
treatment
programs
licensed
under
chapter
125
,
and
state
correctional
facilities
shall
prepare
for
their
respective
courses
a
list
of
the
locations
of
the
courses
taught
under
this
section
,
the
dates
and
times
taught,
the
procedure
for
enrollment,
and
the
schedule
of
course
fees.
The
list
shall
be
kept
current
and
a
copy
of
the
list
shall
be
sent
to
each
court
having
jurisdiction
over
offenses
provided
in
this
chapter
.
5.
The
department
of
education,
substance
abuse
use
disorder
Senate
File
514,
p.
672
treatment
programs
licensed
under
chapter
125
,
and
state
correctional
facilities
shall
maintain
enrollment,
attendance,
successful
and
nonsuccessful
completion
data
for
their
respective
courses
on
the
persons
ordered
to
enroll,
attend,
and
successfully
complete
a
course
for
drinking
drivers.
This
data
shall
be
forwarded
to
the
court
by
the
department
of
education,
substance
abuse
use
disorder
treatment
programs
licensed
under
chapter
125
,
and
the
department
of
corrections.
Sec.
1074.
Section
321J.23,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
The
reality
education
substance
abuse
use
disorder
prevention
program
provides
guidelines
for
the
operation
of
an
intensive
program
to
discourage
recidivism.
Sec.
1075.
Section
321J.24,
subsection
1,
paragraphs
b
and
c,
Code
2023,
are
amended
to
read
as
follows:
b.
“Participant”
means
a
person
who
is
ordered
by
the
court
to
participate
in
the
reality
education
substance
abuse
use
disorder
prevention
program.
c.
“Program”
means
the
reality
education
substance
abuse
use
disorder
prevention
program.
Sec.
1076.
Section
321J.24,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
A
reality
education
substance
abuse
use
disorder
prevention
program
is
established
in
those
judicial
districts
where
the
chief
judge
of
the
judicial
district
authorizes
participation
in
the
program.
Upon
a
conviction
or
adjudication
for
a
violation
of
section
321J.2
,
or
the
entry
of
a
deferred
judgment
concerning
a
violation
of
section
321J.2
,
the
court
or
juvenile
court
may
order
participation
in
the
reality
education
substance
abuse
use
disorder
prevention
program
as
a
term
and
condition
of
probation
or
disposition
in
addition
to
any
other
term
or
condition
of
probation
or
disposition
required
or
authorized
by
law.
The
court
or
juvenile
court
shall
require
the
defendant
or
delinquent
child
to
abstain
from
consuming
any
controlled
substance,
alcoholic
liquor,
wine,
or
beer
while
participating
in
the
program.
Sec.
1077.
Section
321J.24,
subsection
5,
paragraph
a,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
A
facility
for
the
treatment
of
persons
with
Senate
File
514,
p.
673
substance-related
disorders
a
substance
use
disorder
as
defined
in
section
125.2
,
under
the
supervision
of
appropriately
licensed
medical
personnel.
Sec.
1078.
Section
321J.25,
Code
2023,
is
amended
to
read
as
follows:
321J.25
Youthful
offender
substance
abuse
use
disorder
awareness
program.
1.
As
used
in
this
section
,
unless
the
context
otherwise
requires:
a.
“Participant”
means
a
person
whose
driver’s
license
or
operating
privilege
has
been
revoked
for
a
violation
of
section
321J.2A
.
b.
“Program”
means
a
substance
abuse
use
disorder
awareness
program
provided
under
a
contract
entered
into
between
the
provider
and
the
Iowa
department
of
public
health
and
human
services
under
chapter
125
.
c.
“Program
coordinator”
means
a
person
assigned
the
duty
to
coordinate
a
participant’s
activities
in
a
program
by
the
program
provider.
2.
A
substance
abuse
use
disorder
awareness
program
is
established
in
each
of
the
regions
established
by
the
director
of
public
health
and
human
services
pursuant
to
section
125.12
.
The
program
shall
consist
of
an
insight
class
and
a
substance
abuse
use
disorder
evaluation,
which
shall
be
attended
by
the
participant,
to
discuss
issues
related
to
the
potential
consequences
of
substance
abuse
use
disorder
.
The
parent
or
parents
of
the
participant
shall
also
be
encouraged
to
participate
in
the
program.
The
program
provider
shall
consult
with
the
participant
or
the
parents
of
the
participant
in
the
program
to
determine
the
timing
and
appropriate
level
of
participation
for
the
participant
and
any
participation
by
the
participant’s
parents.
The
program
may
also
include
a
supervised
educational
tour
by
the
participant
to
any
or
all
of
the
following:
a.
A
hospital
or
other
emergency
medical
care
facility
which
regularly
receives
victims
of
motor
vehicle
accidents,
to
observe
treatment
of
appropriate
victims
of
motor
vehicle
accidents
involving
intoxicated
drivers,
under
the
supervision
of
a
registered
nurse,
physician,
paramedic,
or
emergency
Senate
File
514,
p.
674
medical
technician.
b.
A
facility
for
the
treatment
of
persons
with
substance-related
disorders
a
substance
use
disorder
as
defined
in
section
125.2
,
under
the
supervision
of
appropriately
licensed
medical
personnel.
c.
If
approved
by
the
state
or
county
medical
examiner,
a
morgue
or
a
similar
facility
to
receive
appropriate
educational
material
and
instruction
concerning
damage
caused
by
the
consumption
of
alcohol
or
other
drugs,
under
the
supervision
of
the
county
medical
examiner
or
deputy
medical
examiner.
3.
If
the
program
includes
a
tour,
the
program
coordinator
shall
explain
and
discuss
the
experiences
which
may
be
encountered
during
the
tour
to
the
participant.
If
the
program
coordinator
determines
at
any
time
before
or
during
a
tour
that
the
tour
may
be
traumatic
or
otherwise
inappropriate
for
the
participant,
the
program
coordinator
shall
terminate
the
tour
without
prejudice
to
the
participant.
4.
Upon
the
revocation
of
the
driver’s
license
or
operating
privileges
of
a
person
who
is
fourteen
years
of
age
or
older
for
a
violation
of
section
321J.2A
,
if
the
person
has
had
no
previous
revocations
under
either
section
321J.2
or
section
321J.2A
,
a
person
may
participate
in
the
substance
abuse
use
disorder
awareness
program.
The
state
department
of
transportation
shall
notify
a
potential
program
participant
of
the
possibility
and
potential
benefits
of
attending
a
program
and
shall
notify
a
potential
program
participant
of
the
availability
of
programs
which
exist
in
the
area
in
which
the
person
resides.
The
state
department
of
transportation
shall
consult
with
the
Iowa
department
of
public
health
and
human
services
to
determine
what
programs
are
available
in
various
areas
of
the
state.
5.
Program
providers
and
facilities
toured
during
the
program
are
not
liable
for
any
civil
damages
resulting
from
injury
to
the
participant,
or
civil
damages
caused
by
the
participant
during
or
from
any
activities
related
to
a
tour,
except
for
willful
or
grossly
negligent
acts
intended
to,
or
reasonably
expected
to
result
in,
such
injury
or
damage.
6.
The
program
provider
shall
determine
fees
to
be
paid
by
participants
in
the
program.
The
program
fees
shall
be
paid
on
Senate
File
514,
p.
675
a
sliding
scale,
based
upon
the
ability
of
a
participant
and
a
participant’s
family
to
pay
the
fees,
and
shall
not
exceed
one
hundred
dollars
per
participant.
The
program
provider
shall
use
the
fees
to
pay
all
costs
associated
with
the
program.
Sec.
1079.
Section
324A.1,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
“Transportation”
means
the
movement
of
individuals
in
a
four
or
more
wheeled
motorized
vehicle
designed
to
carry
passengers,
including
a
car,
van,
or
bus,
between
one
geographic
point
and
another
geographic
point.
“Transportation”
does
not
include
emergency
or
incidental
transportation
or
transportation
conducted
by
the
department
of
health
and
human
services
at
its
institutions.
Sec.
1080.
Section
324A.4,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Upon
request,
the
department
shall
provide
assistance
to
political
subdivisions,
state
agencies,
and
organizations
affected
by
this
chapter
for
federal
aid
applications
for
urban
and
rural
transit
system
program
aid.
The
department,
in
cooperation
with
the
regional
planning
agencies,
shall
maintain
current
information
reflecting
the
amount
of
federal,
state,
and
local
aid
received
by
the
public
and
private
nonprofit
organizations
providing
public
transit
services
and
the
purpose
for
which
the
aid
is
received.
The
department
shall
biennially
prepare
a
report
to
be
submitted
to
the
general
assembly
and
the
governor
prior
to
December
15
of
even-numbered
years.
The
report
shall
recommend
methods
to
increase
transportation
coordination
and
improve
the
efficiency
of
federal,
state,
and
local
government
programs
used
to
finance
public
transit
services
and
may
address
other
topics
as
appropriate.
The
department
of
health
and
human
services
,
the
department
on
aging,
and
the
officers
and
agents
of
the
other
affected
state
and
local
government
units
shall
provide
input
as
requested
by
the
department.
Sec.
1081.
Section
324A.5,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
of
health
and
human
services
,
department
on
aging,
and
the
officers
and
agents
of
other
state
and
local
governmental
units
shall
assist
the
department
in
carrying
out
Senate
File
514,
p.
676
section
324A.4,
subsections
1
and
2
,
insofar
as
the
functions
of
these
respective
officers
and
departments
are
concerned
with
the
health,
welfare
and
safety
of
any
recipient
of
transportation
services.
Sec.
1082.
Section
331.304,
subsection
9,
Code
2023,
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
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
of
the
state
council
on
health
and
human
services
or
local
board
of
health
if
those
regulations
apply
to
other
rental
properties
or
to
owner-occupied
housing
intended
for
human
habitation.
Sec.
1083.
Section
331.321,
subsection
1,
paragraph
f,
Code
2023,
is
amended
to
read
as
follows:
f.
The
members
of
the
service
area
advisory
board
in
accordance
with
section
217.43
.
Sec.
1084.
Section
331.323,
subsection
1,
paragraph
a,
subparagraph
(9),
Code
2023,
is
amended
to
read
as
follows:
(9)
Executive
officer
of
the
service
area
advisory
board
in
accordance
with
section
217.43
.
Sec.
1085.
Section
331.382,
subsections
3
and
6,
Code
2023,
are
amended
to
read
as
follows:
3.
The
power
to
legislate
in
regard
to
chemical
substance
abuse
use
is
subject
to
section
125.40
.
6.
The
power
to
operate
juvenile
detention
and
shelter
care
homes
is
subject
to
approval
of
the
homes
by
the
director
of
the
department
of
health
and
human
services
or
the
director’s
designee,
as
provided
in
section
232.142
.
Senate
File
514,
p.
677
Sec.
1086.
Section
331.388,
Code
2023,
is
amended
to
read
as
follows:
331.388
Definitions.
As
used
in
this
part,
unless
the
context
otherwise
requires:
1.
“Children’s
behavioral
health
services”
means
the
same
as
defined
in
section
225C.2
.
2.
“Department”
means
the
department
of
health
and
human
services.
3.
“Director”
means
the
director
of
health
and
human
services.
3.
4.
“Disability
services”
means
the
same
as
defined
in
section
225C.2
.
4.
5.
“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.
5.
6.
“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
part.
6.
7.
“Serious
emotional
disturbance”
means
the
same
as
defined
in
section
225C.2
.
7.
8.
“State
board”
means
the
children’s
system
state
board
created
in
section
225C.51
.
8.
9.
“State
commission”
means
the
mental
health
and
disability
services
commission
created
in
section
225C.5
.
Sec.
1087.
Section
331.389,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
Local
access
to
mental
health
and
disability
services
shall
be
provided
by
a
regional
service
system
comprised
of
mental
health
and
disability
services
regions
approved
by
the
director
of
the
department
.
It
is
the
intent
of
the
general
assembly
that
the
residents
of
this
state
should
have
access
to
needed
mental
health
and
disability
services
regardless
of
the
location
of
their
residence.
2.
The
director
of
human
services
shall
approve
a
region
meeting
the
requirements
of
subsection
3
.
Senate
File
514,
p.
678
Sec.
1088.
Section
331.390,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
The
membership
of
the
governing
board
shall
not
include
employees
of
the
department
of
human
services
or
a
nonelected
employee
of
a
county.
Sec.
1089.
Section
331.391,
subsection
4,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Each
region
shall
certify
to
the
department
of
human
services
on
or
before
December
1,
2021,
and
each
December
1
thereafter,
the
amount
of
the
region’s
cash
flow
amount
in
the
combined
account
at
the
conclusion
of
the
most
recently
completed
fiscal
year.
Sec.
1090.
Section
331.393,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Each
region
shall
submit
to
the
department
an
annual
service
and
budget
plan
approved
by
the
region’s
governing
board
and
subject
to
approval
by
the
director
of
human
services
.
Provisions
for
approval
by
the
director
of
human
services’
approval
of
the
annual
service
and
budget
plan,
and
any
amendments
to
the
plan,
and
other
requirements
shall
be
specified
in
rule
adopted
by
the
state
commission.
The
provisions
addressed
in
the
annual
plan
shall
include
but
are
not
limited
to
all
of
the
following:
Sec.
1091.
Section
331.393,
subsection
4,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
region
shall
have
in
effect
a
policies
and
procedures
manual
for
the
regional
service
system.
The
manual
shall
be
approved
by
the
region’s
governing
board
and
is
subject
to
approval
by
the
director
of
human
services
.
An
approved
manual
shall
remain
in
effect
subject
to
amendment.
An
amendment
to
the
manual
shall
be
submitted
to
the
department
at
least
forty-five
days
prior
to
the
date
of
implementation
of
the
amendment.
Prior
to
implementation
of
an
amendment
to
the
manual,
the
amendment
must
be
approved
by
the
director
of
human
services
in
consultation
with
the
state
commission.
The
manual
shall
include
but
is
not
limited
to
all
of
the
following:
Sec.
1092.
Section
331.393,
subsections
5
and
8,
Code
2023,
are
amended
to
read
as
follows:
5.
The
provisions
of
a
regional
service
system
management
Senate
File
514,
p.
679
plan
shall
include
measures
to
address
the
needs
of
persons
who
have
two
or
more
co-occurring
mental
health,
intellectual
or
other
developmental
disability,
brain
injury,
or
substance-related
substance
use
disorders
and
individuals
with
specialized
needs.
Implementation
of
measures
to
meet
the
needs
of
persons
with
a
developmental
disability
other
than
intellectual
disability,
brain
injury,
or
substance-related
disorders
a
substance
use
disorder
is
contingent
upon
identification
of
a
funding
source
to
meet
those
needs
and
implementation
of
provisions
to
engage
the
entity
under
contract
with
the
state
to
provide
services
to
address
substance-related
substance
use
disorders
within
the
regional
service
system.
8.
If
a
region
determines
that
the
region
cannot
provide
services
for
the
fiscal
year
in
accordance
with
the
regional
plan
and
remain
in
compliance
with
applicable
budgeting
requirements,
the
region
may
implement
a
waiting
list
for
the
services.
The
procedures
for
establishing
and
applying
a
waiting
list
shall
be
specified
in
the
regional
plan.
If
a
region
implements
a
waiting
list
for
services,
the
region
shall
notify
the
department
of
human
services
.
The
department
shall
maintain
on
the
department’s
internet
site
an
up-to-date
listing
of
the
regions
that
have
implemented
a
waiting
list
and
the
services
affected
by
each
waiting
list.
Sec.
1093.
Section
331.394,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
“County
of
residence”
means
the
county
in
this
state
in
which,
at
the
time
a
person
applies
for
or
receives
services,
the
person
is
living
and
has
established
an
ongoing
presence
with
the
declared,
good
faith
intention
of
living
in
the
county
for
a
permanent
or
indefinite
period
of
time.
The
county
of
residence
of
a
person
who
is
a
homeless
person
is
the
county
where
the
homeless
person
usually
sleeps.
A
person
maintains
residency
in
the
county
or
state
in
which
the
person
last
resided
while
the
person
is
present
in
another
county
or
this
state
receiving
services
in
a
hospital,
a
correctional
facility,
a
halfway
house
for
community-based
corrections
or
substance-related
substance
use
disorder
treatment,
a
nursing
facility,
an
intermediate
care
facility
for
persons
with
an
Senate
File
514,
p.
680
intellectual
disability,
or
a
residential
care
facility,
or
for
the
purpose
of
attending
a
college
or
university.
Sec.
1094.
Section
331.394,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
If
a
service
authorization
or
other
services-related
decision
made
by
a
regional
administrator
concerning
a
person
varies
from
the
type
and
amount
of
service
identified
to
be
necessary
for
the
person
in
a
clinical
determination
made
by
a
mental
health
professional
and
the
mental
health
professional
believes
that
failure
to
provide
the
type
and
amount
of
service
identified
could
cause
an
immediate
danger
to
the
person’s
health
or
safety,
the
person
may
request
an
expedited
review
of
the
regional
administrator’s
decision
to
be
made
by
the
department
of
human
services
.
An
expedited
review
held
in
accordance
with
this
subsection
is
subject
to
the
following
procedures:
a.
The
request
for
the
expedited
review
shall
be
filed
within
five
business
days
of
receiving
the
notice
of
decision
by
the
regional
administrator.
The
request
must
be
in
writing,
plainly
state
the
request
for
an
expedited
review
in
the
caption
and
body
of
the
request,
and
be
supported
by
written
documentation
from
the
mental
health
professional
who
made
the
clinical
determination
stating
how
the
notice
of
decision
on
services
could
cause
an
immediate
danger
to
the
person’s
health
or
safety.
b.
The
expedited
review
shall
be
performed
by
a
designee
of
the
director
who
is
a
mental
health
professional
,
who
is
either
the
administrator
of
the
division
of
mental
health
and
disability
services
of
the
department
of
human
services
or
the
administrator’s
designee.
If
the
administrator
is
not
a
mental
health
professional,
the
expedited
review
shall
be
performed
by
a
designee
of
the
administrator
who
is
a
mental
health
professional
and
is
free
of
any
conflict
of
interest
to
perform
the
expedited
review.
The
expedited
review
shall
be
performed
within
two
business
days
of
the
time
the
request
is
filed.
If
the
reviewer
determines
the
information
submitted
in
connection
with
the
request
is
inadequate
to
perform
the
review,
the
reviewer
shall
request
the
submission
of
additional
information
and
the
review
shall
be
performed
within
two
business
days
of
Senate
File
514,
p.
681
the
time
that
adequate
information
is
submitted.
The
regional
administrator
and
the
person,
with
the
assistance
of
the
mental
health
professional
who
made
the
clinical
determination,
shall
each
provide
a
brief
statement
of
facts,
conclusions,
and
reasons
for
the
decision
made.
Supporting
clinical
information
shall
also
be
attached.
All
information
related
to
the
proceedings
and
any
related
filings
shall
be
considered
to
be
mental
health
information
subject
to
chapter
228
.
c.
The
administrator
or
director’s
designee
shall
issue
an
order,
including
a
brief
statement
of
findings
of
fact,
conclusions
of
law,
and
policy
reasons
for
the
order,
to
justify
the
decision
made
concerning
the
expedited
review.
If
the
decision
concurs
with
the
contention
that
there
is
an
immediate
danger
to
the
person’s
health
or
safety,
the
order
shall
identify
the
type
and
amount
of
service
which
shall
be
provided
for
the
person.
The
administrator
or
director’s
designee
shall
give
such
notice
as
is
practicable
to
persons
who
are
required
to
comply
with
the
order.
The
order
is
effective
when
issued.
d.
The
decision
of
the
administrator
or
director’s
designee
shall
be
considered
a
final
agency
action
and
is
subject
to
judicial
review
in
accordance
with
section
17A.19
.
The
record
for
judicial
review
consists
of
any
documents
regarding
the
matter
that
were
considered
or
prepared
by
the
administrator
or
director’s
designee.
The
administrator
or
director’s
designee
shall
maintain
these
documents
as
the
official
record
of
the
decision.
If
the
matter
is
appealed
to
the
district
court,
the
record
shall
be
filed
as
confidential.
Sec.
1095.
Section
331.396,
subsection
1,
paragraphs
c
and
d,
Code
2023,
are
amended
to
read
as
follows:
c.
The
person
has
had
at
any
time
during
the
preceding
twelve-month
period
a
mental
health,
behavioral,
or
emotional
disorder
or,
in
the
opinion
of
a
mental
health
professional,
may
now
have
such
a
diagnosable
disorder.
The
diagnosis
shall
be
made
in
accordance
with
the
criteria
provided
in
the
diagnostic
and
statistical
manual
of
mental
disorders,
fourth
edition,
text
revision,
published
by
the
American
psychiatric
association,
and
shall
not
include
the
manual’s
“V”
codes
identifying
conditions
other
than
a
disease
or
injury.
The
diagnosis
shall
also
not
include
substance-related
Senate
File
514,
p.
682
substance
use
disorders,
dementia,
antisocial
personality,
or
developmental
disabilities,
unless
co-occurring
with
another
diagnosable
mental
illness.
d.
The
person’s
eligibility
for
individualized
services
shall
be
determined
in
accordance
with
the
standardized
functional
assessment
methodology
approved
for
mental
health
services
by
the
director
of
human
services
in
consultation
with
the
state
commission.
Sec.
1096.
Section
331.396,
subsection
2,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
The
person’s
eligibility
for
individualized
services
shall
be
determined
in
accordance
with
the
standardized
functional
assessment
methodology
approved
for
intellectual
disability
and
developmental
disability
services
by
the
director
of
human
services
.
Sec.
1097.
Section
331.396,
subsection
3,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
The
person’s
eligibility
for
individualized
services
shall
be
determined
in
accordance
with
a
standardized
functional
assessment
methodology
approved
for
this
purpose
by
the
director
of
human
services
.
Sec.
1098.
Section
331.397,
subsection
2,
paragraph
a,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
Subject
to
the
available
appropriations,
the
director
of
human
services
shall
ensure
the
core
service
domains
listed
in
subsections
4
and
5
are
covered
services
for
the
medical
assistance
program
under
chapter
249A
to
the
greatest
extent
allowable
under
federal
regulations.
The
medical
assistance
program
shall
reimburse
Medicaid
enrolled
providers
for
Medicaid
covered
services
under
subsections
4
and
5
when
the
services
are
medically
necessary,
the
Medicaid
enrolled
provider
submits
an
appropriate
claim
for
such
services,
and
no
other
third-party
payer
is
responsible
for
reimbursement
of
such
services.
Within
funds
available,
the
region
shall
pay
for
such
services
for
eligible
persons
when
payment
through
the
medical
assistance
program
or
another
third-party
payment
is
not
available,
unless
the
person
is
on
a
waiting
list
for
such
payment
or
it
has
been
determined
that
the
person
does
not
meet
the
eligibility
criteria
for
any
such
service.
Senate
File
514,
p.
683
Sec.
1099.
Section
331.397,
subsection
3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Pursuant
to
recommendations
made
by
the
director
of
human
services
,
the
state
commission
shall
adopt
rules
as
required
by
section
225C.6
to
define
the
services
included
in
the
core
service
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.
1100.
Section
331.397A,
subsection
2,
paragraph
a,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
Subject
to
the
available
appropriations,
the
director
of
human
services
shall
ensure
the
behavioral
health
core
service
domains
listed
in
subsection
4
are
covered
services
for
the
medical
assistance
program
under
chapter
249A
to
the
greatest
extent
allowable
under
federal
regulations.
The
medical
assistance
program
shall
reimburse
Medicaid
enrolled
providers
for
Medicaid
covered
services
under
subsection
4
when
the
services
are
medically
necessary,
the
Medicaid
enrolled
provider
submits
an
appropriate
claim
for
such
services,
and
no
other
third-party
payor
is
responsible
for
reimbursement
of
such
services.
Within
the
funds
available,
the
region
shall
pay
for
such
services
for
eligible
children
when
payment
through
the
medical
assistance
program
or
another
third-party
payment
is
not
available,
unless
the
child
is
on
a
waiting
list
for
such
payment
or
it
has
been
determined
that
the
child
does
not
meet
the
eligibility
criteria
for
any
such
service.
Sec.
1101.
Section
331.397A,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Pursuant
to
recommendations
made
by
the
state
board,
the
department
of
human
services
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.
1102.
Section
331.398,
subsection
1,
Code
2023,
is
Senate
File
514,
p.
684
amended
to
read
as
follows:
1.
The
financing
of
a
regional
mental
health
and
disability
services
regional
service
system
is
limited
to
a
fixed
budget
amount.
The
fixed
budget
amount
shall
be
the
amount
identified
in
a
regional
service
system
management
plan
and
budget
for
the
fiscal
year.
Sec.
1103.
Section
331.402,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Enter
into
an
agreement
with
the
state
department
of
health
and
human
services
for
assistance
in
accordance
with
section
249A.12
.
Sec.
1104.
Section
331.424,
subsection
1,
paragraph
a,
subparagraph
(1),
subparagraph
division
(a),
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
costs
of
inpatient
or
outpatient
substance
abuse
use
disorder
admission,
commitment,
transportation,
care,
and
treatment
at
any
of
the
following:
Sec.
1105.
Section
331.756,
subsections
26
and
39,
Code
2023,
are
amended
to
read
as
follows:
26.
At
the
request
of
the
director
of
public
health
and
human
services
,
commence
legal
action
to
enjoin
the
unlawful
use
of
radiation-emitting
equipment
as
provided
in
section
136C.5.
39.
Appear
on
behalf
of
the
administrator
of
the
division
of
mental
health
and
disability
services
director
of
the
department
of
health
and
human
services
in
support
of
an
application
to
transfer
a
person
with
mental
illness
who
becomes
incorrigible
and
dangerous
from
a
state
hospital
for
persons
with
mental
illness
mental
health
institute
to
the
Iowa
medical
and
classification
center
as
provided
in
section
226.30
.
Sec.
1106.
Section
331.910,
Code
2023,
is
amended
to
read
as
follows:
331.910
Interstate
contracts
for
mental
health
and
substance-related
substance
use
disorder
treatment.
1.
Purpose.
The
purpose
of
this
section
is
to
enable
appropriate
care
and
treatment
to
be
provided
to
a
person
with
a
substance-related
substance
use
disorder
or
a
mental
illness,
across
state
lines
from
the
person’s
state
of
residence,
in
qualified
hospitals,
centers,
and
facilities.
2.
Definitions.
For
the
purposes
of
this
section
:
Senate
File
514,
p.
685
a.
“Bordering
state”
means
Illinois,
Minnesota,
Missouri,
Nebraska,
South
Dakota,
or
Wisconsin.
b.
“Receiving
agency”
means
a
public
or
private
hospital,
mental
health
center,
substance
abuse
use
disorder
treatment
and
rehabilitation
facility,
or
detoxification
center,
which
provides
substance
abuse
use
disorder
or
mental
health
care
and
treatment
to
a
person
from
a
state
other
than
the
state
in
which
a
hospital,
center,
or
facility
is
located.
c.
“Receiving
state”
means
the
state
in
which
a
receiving
agency
is
located.
d.
“Region”
means
a
mental
health
and
disability
services
region
formed
in
accordance
with
section
331.389
.
e.
“Sending
agency”
means
a
state
or
regional
agency
located
in
a
state
which
sends
a
person
to
a
receiving
state
for
substance
abuse
use
disorder
or
mental
health
care
and
treatment
under
this
section
.
f.
“Sending
state”
means
the
state
in
which
a
sending
agency
is
located.
3.
Voluntary
civil
commitments.
a.
A
region
may
contract
with
a
receiving
agency
in
a
bordering
state
to
secure
substance
abuse
use
disorder
or
mental
health
care
and
treatment
under
this
subsection
for
persons
who
receive
substance
abuse
use
disorder
or
mental
health
care
and
treatment
pursuant
to
section
125.33
,
125.91
,
229.2
,
or
229.22
through
a
region.
b.
This
subsection
shall
not
apply
to
a
person
who
is
any
of
the
following:
(1)
Serving
a
criminal
sentence.
(2)
On
probation
or
parole.
(3)
The
subject
of
a
presentence
investigation.
c.
A
region
may
contract
with
a
sending
agency
in
a
bordering
state
to
provide
care
and
treatment
under
this
subsection
for
residents
of
the
bordering
state
in
approved
substance
abuse
use
disorder
and
mental
health
care
and
treatment
hospitals,
centers,
and
facilities
in
this
state,
except
that
care
and
treatment
shall
not
be
provided
for
residents
of
the
bordering
state
who
are
involved
in
criminal
proceedings
substantially
similar
to
the
involvement
described
in
paragraph
“b”
.
Senate
File
514,
p.
686
4.
Involuntary
civil
commitments.
a.
A
person
who
is
detained,
committed,
or
placed
on
an
involuntary
basis
under
section
125.75
,
125.91
,
229.6
,
or
229.22
may
be
civilly
committed
and
treated
in
another
state
pursuant
to
a
contract
under
this
subsection
.
b.
A
person
who
is
detained,
committed,
or
placed
on
an
involuntary
basis
under
the
civil
commitment
laws
of
a
bordering
state
substantially
similar
to
section
125.75
,
125.91
,
229.6
,
or
229.22
may
be
civilly
committed
and
treated
in
this
state
pursuant
to
a
contract
under
this
subsection
.
c.
A
law
enforcement
officer
acting
under
the
authority
of
a
sending
state
may
transport
a
person
to
a
receiving
agency
that
provides
substance
abuse
use
disorder
or
mental
health
care
and
treatment
pursuant
to
a
contract
under
this
subsection
and
may
transport
the
person
back
to
the
sending
state
under
the
laws
of
the
sending
state.
d.
Court
orders
valid
under
the
law
of
the
sending
state
are
granted
recognition
and
reciprocity
in
the
receiving
state
for
a
person
covered
by
a
contract
under
this
subsection
to
the
extent
that
the
court
orders
relate
to
civil
commitment
for
substance
abuse
use
disorder
or
mental
health
care
and
treatment.
Such
care
and
treatment
may
include
care
and
treatment
for
co-occurring
substance-related
substance
use
and
mental
health
disorders.
Such
court
orders
are
not
subject
to
legal
challenge
in
the
courts
of
the
receiving
state.
e.
A
person
who
is
detained,
committed,
or
placed
under
the
laws
of
a
sending
state
and
who
is
transferred
to
a
receiving
state
under
this
subsection
shall
be
considered
to
be
in
the
legal
custody
of
the
authority
responsible
for
the
person
under
the
laws
of
the
sending
state
with
respect
to
the
involuntary
civil
commitment
of
the
person
due
to
a
mental
illness
or
a
substance-related
substance
use
disorder.
f.
While
in
the
receiving
state
pursuant
to
a
contract
under
this
subsection
,
a
person
detained,
committed,
or
placed
under
the
laws
of
a
sending
state
shall
be
subject
to
all
laws
and
regulations
of
the
receiving
state,
except
those
laws
and
regulations
with
respect
to
the
involuntary
civil
commitment
of
the
person
due
to
a
mental
illness
or
substance-related
substance
use
disorder.
A
person
shall
not
be
sent
to
a
Senate
File
514,
p.
687
receiving
state
pursuant
to
a
contract
under
this
subsection
until
the
receiving
state
has
enacted
a
law
recognizing
the
validity
and
applicability
of
this
subsection
.
g.
If
a
person
receiving
care
and
treatment
pursuant
to
a
contract
under
this
subsection
escapes
from
the
receiving
agency
and
the
person
at
the
time
of
the
escape
is
subject
to
involuntary
civil
commitment
under
the
laws
of
the
sending
state,
the
receiving
agency
shall
use
all
reasonable
means
to
recapture
the
escapee.
The
receiving
agency
shall
immediately
report
the
escape
of
the
person
to
the
sending
agency.
The
receiving
state
has
the
primary
responsibility
for,
and
the
authority
to
direct,
the
pursuit,
retaking,
and
prosecution
of
escaped
persons
within
its
borders
and
is
liable
for
the
cost
of
such
action
to
the
extent
that
it
would
be
liable
for
costs
if
its
own
resident
escaped.
h.
Responsibility
for
payment
for
the
cost
of
care
and
treatment
under
this
subsection
shall
remain
with
the
sending
agency.
5.
A
contract
entered
into
under
this
section
shall,
at
a
minimum,
meet
all
of
the
following
requirements:
a.
Describe
the
care
and
treatment
to
be
provided.
b.
Establish
responsibility
for
the
costs
of
the
care
and
treatment,
except
as
otherwise
provided
in
subsection
4
.
c.
Establish
responsibility
for
the
costs
of
transporting
individuals
receiving
care
and
treatment
under
this
section
.
d.
Specify
the
duration
of
the
contract.
e.
Specify
the
means
of
terminating
the
contract.
f.
Identify
the
goals
to
be
accomplished
by
the
placement
of
a
person
under
this
section
.
6.
This
section
shall
apply
to
all
of
the
following:
a.
Detoxification
services
that
are
unrelated
to
substance
abuse
use
disorder
or
mental
health
care
and
treatment
regardless
of
whether
the
care
and
treatment
are
provided
on
a
voluntary
or
involuntary
basis.
b.
Substance
abuse
use
disorder
and
mental
health
care
and
treatment
contracts
that
include
emergency
care
and
treatment
provided
to
a
resident
of
this
state
in
a
bordering
state.
Sec.
1107.
Section
347.7,
subsection
4,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
688
a.
The
tax
levy
authorized
by
this
section
for
operation
and
maintenance
of
the
hospital
may
be
available
in
whole
or
in
part
to
any
county
with
or
without
a
county
hospital
organized
under
this
chapter
,
to
be
used
to
enhance
rural
health
services
in
the
county.
However,
the
tax
levied
may
be
expended
for
enhancement
of
rural
health
care
services
only
following
a
local
planning
process.
The
Iowa
department
of
public
health
and
human
services
shall
establish
guidelines
to
be
followed
by
counties
in
implementing
the
local
planning
process
which
shall
require
legal
notice,
public
hearings,
and
a
referendum
in
accordance
with
this
subsection
prior
to
the
authorization
of
any
new
levy
or
a
change
in
the
use
of
a
levy.
The
notice
shall
describe
the
new
levy
or
the
change
in
the
use
of
the
levy,
indicate
the
date
and
location
of
the
hearing,
and
shall
be
published
at
least
once
each
week
for
two
consecutive
weeks
in
a
newspaper
having
general
circulation
in
the
county.
The
hearing
shall
not
take
place
prior
to
two
weeks
after
the
second
publication.
Sec.
1108.
Section
347.16,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Free
care
and
treatment
shall
be
furnished
in
a
county
public
hospital
to
any
sick
or
injured
person
who
fulfills
the
residency
requirements
under
section
47.4,
subsection
1
,
paragraph
“d”
,
Code
1993,
in
the
county
maintaining
the
hospital,
and
who
is
indigent.
The
board
of
hospital
trustees
shall
determine
whether
a
person
is
indigent
and
entitled
to
free
care
under
this
subsection
,
or
may
delegate
that
determination
to
the
general
assistance
director
or
the
office
of
the
department
of
health
and
human
services
in
that
county,
subject
to
guidelines
the
board
may
adopt
in
conformity
with
applicable
statutes.
Sec.
1109.
Section
347B.14,
Code
2023,
is
amended
to
read
as
follows:
347B.14
Effect
of
approval
of
plans.
When
plans
for
construction
or
modification
of
a
county
care
facility
have
been
properly
approved
by
the
Iowa
department
of
public
health
and
human
services
or
other
appropriate
state
agency,
the
facility
constructed
in
accord
with
the
plans
so
approved
shall
not
for
a
period
of
at
least
ten
years
from
completion
of
the
construction
or
modification
be
considered
Senate
File
514,
p.
689
deficient
or
ineligible
for
licensing
by
reason
of
failure
to
meet
any
regulation
or
standard
established
subsequent
to
approval
of
the
construction
and
modification
plans,
unless
a
clear
and
present
danger
exists
that
would
adversely
affect
the
residents
of
the
facility.
Sec.
1110.
Section
351.40,
Code
2023,
is
amended
to
read
as
follows:
351.40
Quarantine.
If
a
local
board
of
health
believes
rabies
to
be
epidemic,
or
believes
there
is
a
threat
of
epidemic,
in
its
jurisdiction,
it
may
declare
a
quarantine
in
all
or
part
of
the
area
under
its
jurisdiction
and
such
declaration
shall
be
reported
to
the
Iowa
department
of
public
health
and
human
services
.
During
the
period
of
quarantine,
any
person
owning
or
having
a
dog
in
the
person’s
possession
in
the
quarantined
area
shall
keep
such
animal
securely
enclosed
or
on
a
leash
for
the
duration
of
the
quarantine
period.
Sec.
1111.
Section
356.37,
Code
2023,
is
amended
to
read
as
follows:
356.37
Confinement
and
detention
report
——
design
proposals.
The
division
of
subunit
of
the
department
of
health
and
human
services
responsible
for
criminal
and
juvenile
justice
planning
of
the
department
of
human
rights
,
in
consultation
with
the
department
of
corrections,
the
Iowa
county
attorneys
association,
the
Iowa
state
sheriff’s
association,
the
Iowa
peace
officers
association,
a
statewide
organization
representing
rural
property
taxpayers,
the
Iowa
league
of
cities,
and
the
Iowa
board
of
supervisors
association,
shall
prepare
a
report
analyzing
the
confinement
and
detention
needs
of
jails
and
facilities
established
pursuant
to
this
chapter
and
chapter
356A
.
The
report
for
each
type
of
jail
or
facility
shall
include
but
is
not
limited
to
an
inventory
of
prisoner
space,
daily
prisoner
counts,
options
for
detention
of
prisoners
with
mental
illness
or
substance
abuse
use
disorder
service
needs,
and
the
compliance
status
under
section
356.36
for
each
jail
or
facility.
The
report
shall
contain
an
inventory
of
recent
jail
or
facility
construction
projects
in
which
voters
have
approved
the
issuance
of
general
obligation
bonds,
essential
county
purpose
bonds,
revenue
bonds,
or
bonds
Senate
File
514,
p.
690
issued
pursuant
to
chapter
423B
.
The
report
shall
be
revised
periodically
as
directed
by
the
administrator
of
the
division
of
criminal
and
juvenile
justice
planning
director
of
health
and
human
services
.
The
first
submission
of
the
report
shall
include
recommendations
on
offender
data
needed
to
estimate
jail
space
needs
in
the
next
two,
three,
and
five
years,
on
a
county,
geographic
region,
and
statewide
basis,
which
may
be
based
upon
information
submitted
pursuant
to
section
356.49
.
Sec.
1112.
Section
356.48,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
person
confined
to
a
jail
or
in
the
custody
of
a
peace
officer,
who
bites
another
person,
who
causes
an
exchange
of
bodily
fluids
with
another
person,
or
who
causes
any
bodily
secretion
to
be
cast
upon
another
person,
shall
submit
to
the
withdrawal
of
a
bodily
specimen
for
testing
to
determine
if
the
person
is
infected
with
a
contagious
or
infectious
disease
as
defined
in
section
141A.2
.
The
bodily
specimen
to
be
taken
shall
be
determined
by
the
attending
physician
of
the
jail
or
the
county
medical
examiner.
The
specimen
taken
shall
be
sent
to
the
state
hygienic
laboratory
at
the
state
university
at
Iowa
City
or
some
other
laboratory
approved
by
the
Iowa
department
of
public
health
and
human
services
.
If
a
person
to
be
tested
pursuant
to
this
section
refuses
to
submit
to
the
withdrawal
of
a
bodily
specimen,
the
sheriff,
person
in
charge
of
the
jail,
or
any
potentially
infected
person
may
file
an
application
with
the
district
court
for
an
order
compelling
the
person
that
may
have
caused
an
infection
to
submit
to
the
withdrawal
and,
if
infected,
to
receive
available
treatment.
An
order
authorizing
the
withdrawal
of
a
specimen
for
testing
may
be
issued
only
by
a
district
judge
or
district
associate
judge
upon
application
by
the
sheriff,
person
in
charge
of
the
jail,
or
any
other
potentially
infected
person.
Sec.
1113.
Section
358.24,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
A
sanitary
district
adjoining
a
border
of
the
state
and
owning
and
operating
a
sewage
disposal
plant,
may
contract
with
the
governing
body
of
any
legal
entity
in
an
adjacent
area
in
another
state,
to
process
the
sewage
from
the
area.
The
contract
shall
be
subject
to
approval
of
the
Iowa
department
of
Senate
File
514,
p.
691
public
health
and
human
services
.
Sec.
1114.
Section
364.3,
subsection
5,
Code
2023,
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
of
the
state
council
on
health
and
human
services
or
local
board
of
health
if
those
regulations
apply
to
other
rental
properties
or
to
owner-occupied
housing
intended
for
human
habitation.
Sec.
1115.
Section
403A.23,
Code
2023,
is
amended
to
read
as
follows:
403A.23
Eligibility
of
persons
receiving
public
assistance.
Any
statute
to
the
contrary
notwithstanding,
no
person
otherwise
eligible
to
be
a
tenant
in
a
municipal
housing
project,
shall
be
declared
ineligible
therefor
or
denied
occupancy
therein
in
the
municipal
housing
project
merely
because
the
person
is
receiving
in
some
form
public
assistance
such
as
including
but
not
limited
to
federal
supplemental
security
income
or
state
supplementary
payments,
assistance
as
defined
by
section
249.1
,
or
welfare
assistance,
unemployment
compensation,
or
social
security
payments,
etc
.
Sec.
1116.
Section
411.6,
subsection
16,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
A
member
eligible
to
commence
receiving
a
disability
benefit
on
or
after
July
1,
2000,
may
be
ineligible
to
receive
a
disability
retirement
benefit
if
the
system
determines
that
the
member’s
alcoholism
or
drug
addiction
was
a
contributing
factor
material
to
the
determination
of
the
member’s
disability.
Upon
Senate
File
514,
p.
692
a
determination
that
the
member’s
alcoholism
or
drug
addiction
was
a
contributing
factor
in
the
member’s
disability,
the
system
shall
direct
the
member
to
undergo
substance
abuse
use
disorder
treatment
that
the
medical
board
determines
is
appropriate
to
treat
the
member’s
alcoholism
or
drug
addiction.
After
the
end
of
a
twenty-four-month
period
following
the
member’s
first
month
of
entitlement
to
a
disability
benefit,
the
system
shall
reevaluate
the
member’s
disability.
If
the
system
determines
that
the
member
failed
to
comply
with
the
treatment
program
prescribed
by
this
paragraph
and
that
the
member
would
not
be
disabled
but
for
the
member’s
alcoholism
or
drug
addiction,
the
member’s
entitlement
to
a
disability
benefit
under
this
chapter
shall
terminate
effective
the
first
day
of
the
first
month
following
the
month
the
member
is
notified
of
the
system’s
determination.
Sec.
1117.
Section
421.17,
subsections
20
and
21,
Code
2023,
are
amended
to
read
as
follows:
20.
To
cooperate
with
the
child
support
recovery
unit
services
created
in
chapter
252B
to
establish
and
maintain
a
process
to
implement
the
provisions
of
section
252B.5,
subsection
9
.
The
department
of
revenue
shall
forward
to
individuals
meeting
the
criteria
under
section
252B.5,
subsection
9,
paragraph
“a”
,
a
notice
by
first
class
mail
that
the
individual
is
obligated
to
file
a
state
estimated
tax
form
and
to
remit
a
separate
child
support
payment.
a.
Individuals
notified
shall
submit
a
state
estimated
tax
form
on
a
quarterly
basis.
b.
The
individual
shall
pay
monthly,
the
lesser
of
the
total
delinquency
or
one
hundred
fifty
percent
of
the
current
or
most
recent
monthly
obligation.
c.
The
individual
shall
remit
the
payment
to
the
department
of
revenue
separate
from
any
tax
liability
payments,
identify
the
payment
as
a
support
payment,
and
make
the
payment
payable
to
the
collection
services
center.
The
department
shall
forward
all
payments
received
pursuant
to
this
section
to
the
collection
services
center
established
pursuant
to
chapter
252B
,
for
processing
and
disbursement.
The
department
of
revenue
may
establish
a
process
for
the
child
support
recovery
unit
services
or
the
collection
services
center
to
directly
receive
the
Senate
File
514,
p.
693
payments.
For
purposes
of
crediting
the
support
payments
pursuant
to
sections
252B.14
and
598.22
,
payments
received
by
the
department
of
revenue
and
forwarded
to
the
collection
services
center
shall
be
credited
as
if
received
directly
by
the
collection
services
center.
d.
The
notice
shall
provide
that,
as
an
alternative
to
the
provisions
of
paragraph
“b”
,
the
individual
may
contact
the
child
support
recovery
unit
services
to
formalize
a
repayment
plan
and
obtain
an
exemption
from
the
quarterly
filing
requirement
when
payments
are
made
pursuant
to
the
repayment
plan
or
to
contest
the
balance
due
listed
in
the
notice.
e.
The
department
of
revenue,
in
cooperation
with
the
child
support
recovery
unit
services
,
may
adopt
rules,
if
necessary,
to
implement
this
subsection
.
21.
To
provide
information
contained
in
state
individual
tax
returns
to
the
child
support
recovery
unit
services
for
the
purposes
of
establishment
or
enforcement
of
support
obligations.
The
department
of
revenue
and
child
support
recovery
unit
services
may
exchange
information
in
a
manual
or
automated
fashion.
The
department
of
revenue,
in
cooperation
with
the
child
support
recovery
unit
services
,
may
adopt
rules,
if
necessary,
to
implement
this
subsection
.
Sec.
1118.
Section
422.7,
subsection
42,
paragraph
a,
subparagraph
(6),
Code
2023,
is
amended
to
read
as
follows:
(6)
Subtract
to
the
extent
included
the
amount
of
a
recruitment
and
retention
bonus,
not
to
exceed
one
thousand
dollars,
received
by
a
child
care
worker
through
the
recruitment
and
retention
bonus
program
administered
by
the
department
of
health
and
human
services.
Sec.
1119.
Section
422.12A,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
“Adoption”
means
the
permanent
placement
in
this
state
of
a
child
by
the
department
of
health
and
human
services,
by
an
adoption
service
provider
as
defined
in
section
600A.2
,
or
by
an
agency
that
meets
the
provisions
of
the
interstate
compact
in
section
232.158
.
Sec.
1120.
Section
422.12A,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
The
department
of
revenue
and
the
department
of
health
Senate
File
514,
p.
694
and
human
services
shall
each
adopt
rules
to
jointly
administer
this
section
.
Sec.
1121.
Section
422.12K,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
department
of
health
and
human
services
may
authorize
payment
of
moneys
from
the
child
abuse
prevention
program
fund
in
accordance
with
section
235A.2
.
Sec.
1122.
Section
422D.6,
subsection
3,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Nondisposable
essential
ambulance
equipment,
as
defined
by
rule
by
the
Iowa
department
of
public
health
and
human
services
.
Sec.
1123.
Section
423.3,
subsection
18,
paragraphs
b,
c,
d,
and
g,
Code
2023,
are
amended
to
read
as
follows:
b.
Residential
facilities
licensed
by
the
department
of
health
and
human
services
pursuant
to
chapter
237
,
other
than
those
maintained
by
individuals
as
defined
in
section
237.1,
subsection
7
.
c.
Rehabilitation
facilities
that
provide
accredited
rehabilitation
services
to
persons
with
disabilities
which
are
accredited
by
the
commission
on
accreditation
of
rehabilitation
facilities
or
the
council
on
quality
and
leadership
and
adult
day
care
services
approved
for
reimbursement
by
the
state
department
of
health
and
human
services.
d.
Community
mental
health
centers
accredited
by
the
department
of
health
and
human
services
pursuant
to
chapter
225C
.
g.
Substance
abuse
use
disorder
treatment
or
prevention
programs
that
receive
block
grant
funding
from
the
Iowa
department
of
public
health
and
human
services
.
Sec.
1124.
Section
423.3,
subsection
18,
paragraph
f,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Home
and
community-based
services
providers
certified
to
offer
Medicaid
waiver
services
by
the
department
of
health
and
human
services
that
are
any
of
the
following:
Sec.
1125.
Section
423.3,
subsections
31
and
58,
Code
2023,
are
amended
to
read
as
follows:
31.
a.
The
sales
price
of
tangible
personal
property
or
Senate
File
514,
p.
695
specified
digital
products
sold
to
and
of
services
furnished
to
a
tribal
government
as
defined
in
section
216A.161
,
or
the
sales
price
of
tangible
personal
property
or
specified
digital
products
sold
to
and
of
services
furnished,
and
used
for
public
purposes
sold
to
a
tax-certifying
or
tax-levying
body
of
the
state
or
a
governmental
subdivision
of
the
state,
including
the
following:
regional
transit
systems,
as
defined
in
section
324A.1
;
the
state
board
of
regents;
department
of
health
and
human
services;
state
department
of
transportation;
any
municipally
owned
solid
waste
facility
which
sells
all
or
part
of
its
processed
waste
as
fuel
to
a
municipally
owned
public
utility;
and
all
divisions,
boards,
commissions,
agencies,
or
instrumentalities
of
state,
federal,
county,
municipal,
or
tribal
government
which
have
no
earnings
going
to
the
benefit
of
an
equity
investor
or
stockholder,
except
any
of
the
following:
a.
(1)
The
sales
price
of
tangible
personal
property
or
specified
digital
products
sold
to,
or
of
services
furnished,
and
used
by
or
in
connection
with
the
operation
of
any
municipally
owned
public
utility
engaged
in
selling
gas,
electricity,
heat,
pay
television
service,
or
communication
service
to
the
general
public.
b.
(2)
The
sales
price
of
furnishing
of
sewage
services
to
a
county
or
municipality
on
behalf
of
nonresidential
commercial
operations.
c.
(3)
The
furnishing
of
solid
waste
collection
and
disposal
service
to
a
county
or
municipality
on
behalf
of
nonresidential
commercial
operations
located
within
the
county
or
municipality.
b.
For
the
purposes
of
this
subsection,
“tribal
government”
means
the
governing
body
of
a
federally
recognized
Indian
tribe.
58.
The
sales
price
from
the
sale
of
items
purchased
with
coupons,
food
stamps,
electronic
benefits
transfer
cards
a
supplemental
nutrition
assistance
program
benefit
transfer
instrument
as
defined
in
section
234.13
,
or
other
methods
method
of
payment
authorized
by
the
United
States
department
of
agriculture,
and
issued
under
the
federal
Food
Stamp
Act
of
1977,
7
U.S.C.
§2011
et
seq.
or
under
the
federal
supplemental
nutritional
assistance
program
established
in
7
U.S.C.
§2013.
Sec.
1126.
Section
423.4,
subsection
1,
paragraph
a,
Senate
File
514,
p.
696
subparagraphs
(4)
and
(9),
Code
2023,
are
amended
to
read
as
follows:
(4)
A
tax-certifying
or
tax-levying
body
or
governmental
subdivision
of
the
state,
including
the
state
board
of
regents,
state
the
department
of
health
and
human
services,
and
the
state
department
of
transportation.
(9)
A
tribal
government
as
defined
in
section
216A.161
,
and
any
instrumentalities
of
the
tribal
government
which
do
not
have
earnings
going
to
the
benefit
of
an
equity
investor
or
stockholder.
For
the
purposes
of
this
subparagraph,
“tribal
government”
means
the
governing
body
of
a
federally
recognized
Indian
tribe.
Sec.
1127.
Section
425.2,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
In
case
the
owner
of
the
homestead
is
in
active
service
in
the
armed
forces
of
this
state
or
of
the
United
States,
or
is
sixty-five
years
of
age
or
older,
or
is
disabled,
the
statement
and
designation
may
be
signed
and
delivered
by
any
member
of
the
owner’s
family,
by
the
owner’s
guardian
or
conservator,
or
by
any
other
person
who
may
represent
the
owner
under
power
of
attorney.
If
the
owner
of
the
homestead
is
married,
the
spouse
may
sign
and
deliver
the
statement
and
designation.
The
director
of
health
and
human
services
or
the
director’s
designee
may
make
application
for
the
benefits
of
this
subchapter
as
the
agent
for
and
on
behalf
of
persons
receiving
assistance
under
chapter
249
.
Sec.
1128.
Section
425.16,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
reimbursement
of
rent
constituting
property
taxes
paid
under
this
subchapter
shall
be
administered
by
the
department
of
health
and
human
services
as
provided
in
this
subchapter
.
Sec.
1129.
Section
425.17,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
“Gross
rent”
means
rental
paid
at
arm’s
length
for
the
right
of
occupancy
of
a
homestead
or
manufactured
or
mobile
home,
including
rent
for
space
occupied
by
a
manufactured
or
mobile
home
not
to
exceed
one
acre.
If
the
department
of
health
and
human
services
determines
that
the
landlord
and
tenant
have
Senate
File
514,
p.
697
not
dealt
with
each
other
at
arm’s
length,
and
the
department
of
health
and
human
services
is
satisfied
that
the
gross
rent
charged
was
excessive,
the
department
of
health
and
human
services
shall
adjust
the
gross
rent
to
a
reasonable
amount
as
determined
by
the
department
of
health
and
human
services.
Sec.
1130.
Section
425.18,
Code
2023,
is
amended
to
read
as
follows:
425.18
Right
to
file
a
claim.
The
right
to
file
a
claim
for
reimbursement
or
credit
under
this
subchapter
may
be
exercised
by
the
claimant
or
on
behalf
of
a
claimant
by
the
claimant’s
legal
guardian,
spouse,
or
attorney,
or
by
the
executor
or
administrator
of
the
claimant’s
estate.
If
a
claimant
dies
after
having
filed
a
claim
for
reimbursement
for
rent
constituting
property
taxes
paid,
the
amount
of
the
reimbursement
may
be
paid
to
another
member
of
the
household
as
determined
by
the
department
of
health
and
human
services.
If
the
claimant
was
the
only
member
of
the
household,
the
reimbursement
may
be
paid
to
the
claimant’s
executor
or
administrator,
but
if
neither
is
appointed
and
qualified
within
one
year
from
the
date
of
the
filing
of
the
claim,
the
reimbursement
shall
escheat
to
the
state.
If
a
claimant
dies
after
having
filed
a
claim
for
credit
for
property
taxes
due,
the
amount
of
credit
shall
be
paid
as
if
the
claimant
had
not
died.
Sec.
1131.
Section
425.19,
Code
2023,
is
amended
to
read
as
follows:
425.19
Claim
and
credit
or
reimbursement.
Subject
to
the
limitations
provided
in
this
subchapter
,
a
claimant
may
annually
claim
a
credit
for
property
taxes
due
during
the
fiscal
year
next
following
the
base
year
or
claim
a
reimbursement
for
rent
constituting
property
taxes
paid
in
the
base
year.
The
amount
of
the
credit
for
property
taxes
due
for
a
homestead
shall
be
paid
on
June
15
of
each
year
from
the
elderly
and
disabled
property
tax
credit
fund
under
section
425.39,
subsection
1
,
by
the
director
of
revenue
to
the
county
treasurer
who
shall
credit
the
money
received
against
the
amount
of
the
property
taxes
due
and
payable
on
the
homestead
of
the
claimant
and
the
amount
of
the
reimbursement
for
rent
constituting
property
taxes
paid
shall
be
paid
by
the
Senate
File
514,
p.
698
director
of
health
and
human
services
to
the
claimant
from
the
reimbursement
fund
under
section
425.39,
subsection
2
,
on
or
before
December
31
of
each
year.
Sec.
1132.
Section
425.20,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
A
claim
for
reimbursement
for
rent
constituting
property
taxes
paid
shall
not
be
paid
or
allowed,
unless
the
claim
is
filed
with
and
in
the
possession
of
the
department
of
health
and
human
services
on
or
before
June
1
of
the
year
following
the
base
year.
3.
In
case
of
sickness,
absence,
or
other
disability
of
the
claimant
or
if,
in
the
judgment
of
the
director
of
revenue
or
the
director
of
health
and
human
services,
as
applicable,
good
cause
exists
and
the
claimant
requests
an
extension,
the
director
of
health
and
human
services
may
extend
the
time
for
filing
a
claim
for
reimbursement
and
the
director
of
revenue
may
extend
the
time
for
filing
a
claim
for
credit.
However,
any
further
time
granted
shall
not
extend
beyond
December
31
of
the
year
following
the
year
in
which
the
claim
was
required
to
be
filed.
Claims
filed
as
a
result
of
this
subsection
shall
be
filed
with
the
director
of
health
and
human
services
or
the
director
of
revenue,
as
applicable,
who
shall
provide
for
the
reimbursement
of
the
claim
to
the
claimant.
Sec.
1133.
Section
425.25,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
director
of
health
and
human
services
shall
make
available
suitable
forms
with
instructions
for
claimants
of
the
reimbursement
for
rent
constituting
property
taxes
paid.
The
claim
shall
be
in
a
form
as
the
director
of
health
and
human
services
may
prescribe.
The
director
of
revenue
shall
devise
a
reimbursement
table
with
amounts
rounded
to
the
nearest
even
whole
dollar
and
provide
such
table
to
the
director
of
health
and
human
services.
Reimbursements
in
the
amount
of
less
than
one
dollar
shall
not
be
paid.
Sec.
1134.
Section
425.26,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Every
claimant
for
reimbursement
of
rent
constituting
property
taxes
paid
shall
give
the
department
of
health
and
human
services,
in
support
of
the
claim,
reasonable
proof
of:
Senate
File
514,
p.
699
Sec.
1135.
Section
425.26,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
department
of
revenue
or
the
department
of
health
and
human
services
may
require
any
additional
proof
necessary
to
support
a
claim.
Sec.
1136.
Section
425.27,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
department
of
health
and
human
services
is
responsible
for
the
audit
of
claims
for
reimbursement
for
rent
constituting
property
taxes
paid
under
this
subchapter
.
Sec.
1137.
Section
425.27,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
If
on
the
audit
of
a
claim
for
reimbursement
for
rent
constituting
property
taxes
paid
under
this
subchapter
,
the
department
of
health
and
human
services
determines
the
amount
of
the
claim
to
have
been
incorrectly
calculated
or
that
the
claim
is
not
allowable,
the
department
of
health
and
human
services
shall
recalculate
the
claim
and
notify
the
claimant
of
the
recalculation
or
denial
and
the
reasons
for
it.
The
recalculation
of
the
claim
shall
be
final
unless
appealed
to
the
director
of
health
and
human
services
within
thirty
days
from
the
date
of
notice
of
recalculation
or
denial.
The
director
of
health
and
human
services
shall
grant
a
hearing,
and
upon
hearing
determine
the
correct
claim,
if
any,
and
notify
the
claimant
of
the
decision
by
mail.
The
department
of
health
and
human
services
shall
not
adjust
a
claim
after
three
years
from
October
31
of
the
year
in
which
the
claim
was
filed.
If
the
claim
for
reimbursement
has
been
paid,
the
amount
may
be
recovered
by
the
department
of
health
and
human
services.
The
decision
of
the
director
of
health
and
human
services
shall
be
final
unless
appealed
as
provided
in
section
425.31
.
Sec.
1138.
Section
425.27,
subsection
4,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
For
the
purpose
of
administering
the
reimbursement
for
rent
constituting
property
taxes
paid,
including
the
duties
of
the
director
of
health
and
human
services
and
the
department
of
health
and
human
services
under
this
subchapter
,
the
director
of
health
and
human
services
shall
have
the
same
powers
as
those
described
in
section
422.70
.
Senate
File
514,
p.
700
Sec.
1139.
Section
425.28,
subsections
2,
3,
and
4,
Code
2023,
are
amended
to
read
as
follows:
2.
A
claimant
for
reimbursement
of
rent
constituting
property
taxes
paid
shall
expressly
waive
any
right
to
confidentiality
relating
to
all
income
tax
information
obtainable
by
the
department
of
health
and
human
services.
3.
For
the
effective
administration
of
this
subchapter
,
the
department
of
revenue
and
the
department
of
health
and
human
services
shall
share
information
obtained
by
each
department
from
claimants
under
this
subchapter
.
4.
In
addition
to
the
sharing
of
information
under
subsection
3
,
the
department
of
health
and
human
services
may
release
information
pertaining
to
a
person’s
eligibility
or
claim
for
or
receipt
of
rent
reimbursement
to
an
employee
of
the
department
of
inspections
and
appeals
in
the
employee’s
official
conduct
of
an
audit
or
investigation.
Sec.
1140.
Section
425.29,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
In
the
case
of
a
claim
for
reimbursement
disallowed
by
the
department
of
health
and
human
services,
the
department
of
health
and
human
services
may
impose
penalties
described
in
section
421.27
.
The
department
of
health
and
human
services
shall
send
a
notice
of
disallowance
of
the
claim.
Sec.
1141.
Section
425.31,
subsections
2,
3,
and
4,
Code
2023,
are
amended
to
read
as
follows:
2.
Judicial
review
of
the
actions
of
the
director
of
health
and
human
services
or
the
department
of
health
and
human
services
under
this
subchapter
may
be
sought
in
accordance
with
the
terms
of
chapter
17A
and
the
rules
of
the
department
of
health
and
human
services.
3.
For
cause
and
upon
a
showing
by
the
director
of
revenue
or
the
director
of
health
and
human
services,
as
applicable,
that
collection
of
the
amount
in
dispute
is
in
doubt,
the
court
may
order
the
petitioner
to
file
with
the
clerk
a
bond
for
the
use
of
the
respondent,
with
sureties
approved
by
the
clerk,
equal
to
the
amount
appealed
from,
conditioned
that
the
petitioner
shall
perform
the
orders
of
the
court.
4.
An
appeal
may
be
taken
by
the
claimant
or
the
director
of
revenue
or
the
director
of
health
and
human
services,
as
Senate
File
514,
p.
701
applicable,
to
the
supreme
court
of
this
state
irrespective
of
the
amount
involved.
Sec.
1142.
Section
425.33,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
If
upon
petition
by
a
claimant
the
department
of
health
and
human
services
determines
that
a
landlord
has
increased
the
claimant’s
rent
primarily
because
the
claimant
is
eligible
for
reimbursement
under
this
subchapter
,
the
department
of
health
and
human
services
shall
request
the
landlord
by
mail
to
reduce
the
rent
appropriately.
Sec.
1143.
Section
425.33,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
In
determining
whether
a
landlord
has
increased
a
claimant’s
rent
primarily
because
the
claimant
is
eligible
for
reimbursement
under
this
subchapter
,
the
department
of
health
and
human
services
shall
consider
the
following
factors:
Sec.
1144.
Section
425.33,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
If
the
landlord
fails
to
comply
with
the
request
of
the
department
of
health
and
human
services
within
fifteen
days
after
the
request
is
mailed,
the
department
of
health
and
human
services
shall
order
the
rent
reduced
by
an
appropriate
amount.
Sec.
1145.
Section
425.34,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
If
the
department
of
health
and
human
services
orders
a
landlord
to
reduce
rent
to
a
claimant,
then
upon
the
request
of
the
landlord
the
department
of
health
and
human
services
shall
hold
a
prompt
hearing
of
the
matter,
to
be
conducted
in
accordance
with
the
rules
of
the
department.
The
department
of
health
and
human
services
shall
give
notice
of
the
decision
by
mail
to
the
claimant
and
to
the
landlord.
Sec.
1146.
Section
425.37,
Code
2023,
is
amended
to
read
as
follows:
425.37
Rules.
The
director
of
revenue
and
the
director
of
health
and
human
services
shall
each
adopt
rules
in
accordance
with
chapter
17A
for
the
interpretation
and
proper
administration
of
this
subchapter
and
each
department’s
applicable
powers
and
duties
under
this
subchapter
,
including
rules
to
prevent
and
disallow
Senate
File
514,
p.
702
duplication
of
benefits
and
to
prevent
any
unreasonable
hardship
or
advantage
to
any
person.
Sec.
1147.
Section
425.39,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
elderly
and
disabled
rent
reimbursement
fund
is
created.
There
is
appropriated
annually
from
the
general
fund
of
the
state
to
the
department
of
health
and
human
services
to
be
credited
to
the
elderly
and
disabled
rent
reimbursement
fund,
from
funds
not
otherwise
appropriated,
an
amount
sufficient
to
implement
this
subchapter
for
reimbursement
for
rent
constituting
property
taxes
paid
for
claimants
described
in
section
425.17,
subsection
2
,
paragraph
“a”
,
subparagraph
(1).
Sec.
1148.
Section
425.40,
Code
2023,
is
amended
to
read
as
follows:
425.40
Low-income
fund
created.
1.
A
low-income
tax
credit
and
reimbursement
fund
is
created.
Within
the
low-income
tax
credit
and
reimbursement
fund,
a
rent
reimbursement
account
is
created
under
the
control
of
the
department
of
health
and
human
services
and
a
tax
credit
account
is
created
under
the
control
of
the
department
of
revenue.
Amounts
appropriated
to
the
fund
shall
first
be
credited
to
the
rent
reimbursement
account.
2.
a.
The
director
of
health
and
human
services
shall
use
amounts
credited
to
the
rent
reimbursement
account
for
a
fiscal
year
to
pay
all
claims
for
reimbursement
of
rent
constituting
property
taxes
paid
for
claimants
described
in
section
425.17,
subsection
2
,
paragraph
“a”
,
subparagraph
(2).
If
the
amount
appropriated
for
purposes
of
this
section
for
a
fiscal
year
and
credited
to
the
rent
reimbursement
account
is
insufficient
to
pay
all
claims
in
full,
the
director
of
health
and
human
services
shall
pay
all
such
claims
on
a
pro
rata
basis.
b.
If
the
amount
appropriated
for
purposes
of
this
section
for
a
fiscal
year
and
credited
to
the
rent
reimbursement
account
exceeds
the
amount
necessary
to
pay
in
full
all
reimbursement
claims
for
the
fiscal
year,
the
department
of
health
and
human
services
shall
transfer
such
excess
amount
to
the
department
of
revenue
for
deposit
in
the
tax
credit
account.
The
department
of
revenue
shall
use
any
amounts
credited
to
the
tax
credit
account
for
a
fiscal
year
to
pay
to
the
counties
all
claims
for
Senate
File
514,
p.
703
credit
for
property
taxes
due
for
the
fiscal
year,
or
if
such
amount
is
insufficient,
to
pay
to
the
counties
all
such
claims
on
a
pro
rata
basis.
3.
In
order
for
the
director
of
revenue
or
the
director
of
health
and
human
services
to
carry
out
the
requirements
of
subsection
2
,
notwithstanding
any
provision
to
the
contrary
in
this
subchapter
,
claims
for
reimbursement
for
rent
constituting
property
taxes
paid
filed
before
May
1
of
the
fiscal
year
shall
be
eligible
to
be
paid
in
full
during
the
fiscal
year
and
those
claims
filed
on
or
after
May
1
of
the
fiscal
year
shall
be
eligible
to
be
paid
during
the
following
fiscal
year
and
the
director
of
revenue
is
not
required
to
make
payments
to
counties
for
the
property
tax
credit
before
June
15
of
the
fiscal
year.
Sec.
1149.
Section
426B.1,
Code
2023,
is
amended
to
read
as
follows:
426B.1
Appropriations
——
property
tax
relief
fund.
1.
A
property
tax
relief
fund
is
created
in
the
state
treasury
under
the
authority
of
the
department
of
health
and
human
services.
The
fund
shall
be
separate
from
the
general
fund
of
the
state
and
shall
not
be
considered
part
of
the
general
fund
of
the
state
except
in
determining
the
cash
position
of
the
state
for
payment
of
state
obligations.
The
moneys
in
the
fund
are
not
subject
to
the
provisions
of
section
8.33
and
shall
not
be
transferred,
used,
obligated,
appropriated,
or
otherwise
encumbered
except
as
provided
in
this
chapter
.
Moneys
in
the
fund
may
be
used
for
cash
flow
purposes,
provided
that
any
moneys
so
allocated
are
returned
to
the
fund
by
the
end
of
each
fiscal
year.
However,
the
fund
shall
be
considered
a
special
account
for
the
purposes
of
section
8.53
,
relating
to
elimination
of
any
GAAP
deficit.
For
the
purposes
of
this
chapter
,
unless
the
context
otherwise
requires,
“property
tax
relief
fund”
means
the
property
tax
relief
fund
created
in
this
section
.
2.
Moneys
shall
be
distributed
from
the
property
tax
relief
fund
to
the
mental
health
and
disability
services
regional
service
system
for
mental
health
and
disabilities
disability
services,
in
accordance
with
the
appropriations
made
to
the
fund
and
other
statutory
requirements.
Sec.
1150.
Section
426B.2,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
704
follows:
426B.2
Property
tax
relief
fund
payments.
The
director
of
health
and
human
services
shall
draw
warrants
on
the
property
tax
relief
fund,
payable
to
the
regional
administrator
in
the
amount
due
to
a
mental
health
and
disability
services
region
in
accordance
with
statutory
requirements,
and
mail
the
warrants
to
the
regional
administrator
in
July
and
January
of
each
year.
Sec.
1151.
Section
426B.4,
Code
2023,
is
amended
to
read
as
follows:
426B.4
Rules.
The
mental
health
and
disability
services
commission
shall
consult
with
regional
administrators
and
the
director
of
health
and
human
services
in
prescribing
forms
and
adopting
rules
pursuant
to
chapter
17A
to
administer
this
chapter
.
Sec.
1152.
Section
427.9,
Code
2023,
is
amended
to
read
as
follows:
427.9
Suspension
of
taxes,
assessments,
and
rates
or
charges,
including
interest,
fees,
and
costs.
If
a
person
is
a
recipient
of
federal
supplementary
security
income
or
state
supplementary
assistance,
as
defined
in
section
249.1
,
or
is
a
resident
of
a
health
care
facility,
as
defined
by
section
135C.1
,
which
is
receiving
payment
from
the
department
of
health
and
human
services
for
the
person’s
care,
the
person
shall
be
deemed
to
be
unable
to
contribute
to
the
public
revenue.
The
director
of
health
and
human
services
shall
notify
a
person
receiving
such
assistance
of
the
tax
suspension
provision
and
shall
provide
the
person
with
evidence
to
present
to
the
appropriate
county
board
of
supervisors
which
shows
the
person’s
eligibility
for
tax
suspension
on
parcels
owned,
possessed,
or
upon
which
the
person
is
paying
taxes
as
a
purchaser
under
contract.
The
board
of
supervisors
so
notified,
without
the
filing
of
a
petition
and
statement
as
specified
in
section
427.8
,
shall
order
the
county
treasurer
to
suspend
the
collection
of
all
the
taxes,
special
assessments,
and
rates
or
charges,
including
interest,
fees,
and
costs,
assessed
against
the
parcels
and
remaining
unpaid
by
the
person
or
contractually
payable
by
the
person,
for
such
time
as
the
person
remains
the
owner
or
contractually
prospective
owner
Senate
File
514,
p.
705
of
the
parcels,
and
during
the
period
the
person
receives
assistance
as
described
in
this
section
.
The
county
board
of
supervisors
shall
annually
send
to
the
department
of
health
and
human
services
the
names
and
social
security
numbers
of
persons
receiving
a
tax
suspension
pursuant
to
this
section
.
The
department
shall
verify
the
continued
eligibility
for
tax
suspension
of
each
name
on
the
list
and
shall
return
the
list
to
the
board
of
supervisors.
The
director
of
health
and
human
services
shall
advise
the
person
that
the
person
may
apply
for
an
additional
property
tax
credit
pursuant
to
sections
425.16
through
425.37
which
shall
be
credited
against
the
amount
of
the
taxes
suspended.
Sec.
1153.
Section
432.13,
Code
2023,
is
amended
to
read
as
follows:
432.13
Premium
tax
exemption
——
hawk-i
Hawki
program
——
state
employee
benefits.
1.
Premiums
collected
by
participating
insurers
under
chapter
514I
are
exempt
from
premium
tax.
2.
Premiums
received
for
benefits
acquired
on
behalf
of
state
employees
by
the
department
of
administrative
services
pursuant
to
section
8A.402,
subsection
1
,
and
by
the
state
board
of
regents
pursuant
to
chapter
262
,
are
exempt
from
premium
tax.
Sec.
1154.
Section
453A.13,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
The
department,
or
a
city
or
county,
shall
submit
a
duplicate
of
any
application
for
a
retail
permit
to
the
alcoholic
beverages
division
of
the
department
of
commerce
within
thirty
days
of
the
issuance.
The
alcoholic
beverages
division
of
the
department
of
commerce
shall
submit
the
current
list
of
all
retail
permits
issued
to
the
Iowa
department
of
public
health
and
human
services
by
the
last
day
of
each
quarter
of
a
state
fiscal
year.
Sec.
1155.
Section
453A.35A,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Moneys
in
the
fund
shall
be
used
only
for
purposes
related
to
health
care,
substance
abuse
use
disorder
treatment
and
prevention,
and
tobacco
use
prevention,
cessation,
and
control.
Sec.
1156.
Section
453A.47A,
subsection
6,
Code
2023,
is
Senate
File
514,
p.
706
amended
to
read
as
follows:
6.
Issuance.
Cities
may
issue
retail
permits
to
retailers
located
within
their
respective
limits.
County
boards
of
supervisors
may
issue
retail
permits
to
retailers
located
in
their
respective
counties,
outside
of
the
corporate
limits
of
cities.
The
city
or
county
shall
submit
a
duplicate
of
any
application
for
a
retail
permit
to
the
alcoholic
beverages
division
of
the
department
of
commerce
within
thirty
days
of
issuance
of
a
permit.
The
alcoholic
beverages
division
of
the
department
of
commerce
shall
submit
the
current
list
of
all
retail
permits
issued
to
the
Iowa
department
of
public
health
and
human
services
by
the
last
day
of
each
quarter
of
a
state
fiscal
year.
Sec.
1157.
Section
455B.190A,
subsection
3,
paragraph
b,
subparagraph
(5),
Code
2023,
is
amended
to
read
as
follows:
(5)
The
director
of
public
health
and
human
services
or
the
director’s
designee.
Sec.
1158.
Section
455B.335A,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
director
shall
require
that
a
person
who
operates
or
proposes
to
operate
a
waste
incinerator
which
provides
for
the
incineration
of
pathological
radioactive
materials
conduct
dispersion
modeling,
under
the
direction
of
the
Iowa
department
of
public
health
and
human
services
,
for
radiological
isotopes
to
measure
the
emission
levels
of
alpha
and
gamma
rays.
The
director
shall
allow
a
three-month
period
during
which
time
the
operator
or
person
proposing
operation
of
such
an
incinerator
shall
conduct
the
required
dispersion
modeling.
In
order
to
initiate
or
continue
such
incineration,
the
results
of
the
modeling
shall
provide
that
the
existing
incinerator
meets
or
the
proposed
incinerator
will
meet
the
emission
standards
established
by
the
United
States
environmental
protection
agency
for
a
selected
isotope.
Sec.
1159.
Section
455B.427,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
A
summary
of
serious
health
problems
in
the
immediate
vicinity
of
the
site
and
health
problems
deemed
by
the
director
in
cooperation
with
the
Iowa
department
of
public
health
and
human
services
to
be
related
to
conditions
at
the
site.
Senate
File
514,
p.
707
Sec.
1160.
Section
455B.427,
subsection
3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
In
developing
and
maintaining
the
annual
report,
the
director
shall
assess
the
relative
priority
of
the
need
for
action
at
each
site
to
remedy
environmental
and
health
problems
resulting
from
the
presence
of
hazardous
wastes
or
hazardous
substances
at
the
sites.
In
making
assessments
of
relative
priority,
the
director,
in
cooperation
with
the
Iowa
department
of
public
health
and
human
services
on
matters
relating
to
public
health,
shall
place
every
site
in
one
of
the
following
classifications:
Sec.
1161.
Section
455B.427,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
The
director
shall
work
with
the
Iowa
department
of
public
health
and
human
services
when
assessing
the
effects
of
a
hazardous
waste
or
hazardous
substance
disposal
site
on
human
health.
Sec.
1162.
Section
455E.11,
subsection
2,
paragraph
a,
subparagraph
(2),
subparagraph
division
(a),
subparagraph
subdivision
(i),
Code
2023,
is
amended
to
read
as
follows:
(i)
Eight
thousand
dollars
shall
be
transferred
to
the
Iowa
department
of
public
health
and
human
services
for
departmental
duties
required
under
section
sections
135.11
,
subsections
18
and
19,
and
section
139A.21.
Sec.
1163.
Section
455E.11,
subsection
2,
paragraph
b,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
Nine
thousand
dollars
of
the
account
is
appropriated
to
the
Iowa
department
of
public
health
and
human
services
for
carrying
out
the
departmental
duties
under
section
sections
135.11
,
subsections
18
and
19,
and
section
139A.21.
Sec.
1164.
Section
455E.11,
subsection
2,
paragraph
b,
subparagraph
(2),
subparagraph
division
(b),
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Two
percent
is
appropriated
annually
to
the
department
and,
except
for
administrative
expenses,
is
transferred
to
the
Iowa
department
of
public
health
and
human
services
for
the
purpose
of
administering
grants
to
counties
and
conducting
oversight
of
county-based
programs
for
the
testing
of
private
rural
water
supply
wells,
private
rural
water
supply
well
sealing,
and
the
proper
closure
of
private
rural
abandoned
wells
and
cisterns.
Senate
File
514,
p.
708
Not
more
than
thirty-five
percent
of
the
moneys
is
appropriated
annually
for
grants
to
counties
for
the
purpose
of
conducting
programs
of
private
rural
water
supply
testing,
private
rural
water
supply
well
sealing,
the
proper
closure
of
private
rural
abandoned
wells
and
cisterns,
or
any
combination
thereof.
An
amount
agreed
to
by
the
department
of
natural
resources
and
the
Iowa
department
of
public
health
and
human
services
shall
be
retained
by
the
department
of
natural
resources
for
administrative
expenses.
Sec.
1165.
Section
455E.11,
subsection
2,
paragraph
c,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
The
moneys
collected
pursuant
to
section
455F.7
and
moneys
collected
pursuant
to
section
29C.8A
which
are
designated
for
deposit
shall
be
deposited
in
the
household
hazardous
waste
account.
Two
thousand
dollars
is
appropriated
annually
to
the
Iowa
department
of
public
health
and
human
services
to
carry
out
departmental
duties
under
section
sections
135.11
,
subsections
18
and
19,
and
section
139A.21.
The
remainder
of
the
account
shall
be
used
to
fund
the
efforts
of
the
department
to
support
a
collection
system
for
household
hazardous
materials,
including
public
education
programs,
training,
and
consultation
of
local
governments
in
the
establishment
and
operation
of
permanent
collection
systems,
and
the
management
of
collection
sites,
education
programs,
and
other
activities
pursuant
to
chapter
455F
,
including
the
administration
of
the
household
hazardous
materials
retailer
permit
program
by
the
department
of
revenue.
Sec.
1166.
Section
455E.11,
subsection
2,
paragraph
d,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
One
thousand
dollars
is
appropriated
annually
to
the
Iowa
department
of
public
health
and
human
services
to
carry
out
departmental
duties
under
section
sections
135.11
,
subsections
18
and
19,
and
section
139A.21.
Sec.
1167.
Section
462A.14,
subsection
2,
paragraph
a,
subparagraph
(4),
Code
2023,
is
amended
to
read
as
follows:
(4)
Assignment
to
substance
abuse
use
disorder
evaluation
and
treatment,
pursuant
to
subsection
12
,
and
a
course
for
drinking
drivers.
Sec.
1168.
Section
462A.14,
subsection
2,
paragraph
b,
Senate
File
514,
p.
709
subparagraph
(4),
Code
2023,
is
amended
to
read
as
follows:
(4)
Assignment
to
substance
abuse
use
disorder
evaluation
and
treatment,
pursuant
to
subsections
12
and
13
,
and
a
course
for
drinking
drivers.
Sec.
1169.
Section
462A.14,
subsection
2,
paragraph
c,
subparagraph
(4),
Code
2023,
is
amended
to
read
as
follows:
(4)
Assignment
to
substance
abuse
use
disorder
evaluation
and
treatment,
pursuant
to
subsections
12
and
13
,
and
a
course
for
drinking
drivers.
Sec.
1170.
Section
462A.14,
subsection
2,
paragraphs
d
and
e,
Code
2023,
are
amended
to
read
as
follows:
d.
A
class
“D”
felony
for
any
offense
under
this
section
resulting
in
serious
injury
to
persons
other
than
the
defendant,
if
the
court
determines
that
the
person
who
committed
the
offense
caused
the
serious
injury,
and
shall
be
imprisoned
for
a
determinate
sentence
of
not
more
than
five
years
but
not
less
than
thirty
days,
or
committed
to
the
custody
of
the
director
of
the
department
of
corrections,
and
assessed
a
fine
of
not
less
than
two
thousand
five
hundred
dollars
nor
more
than
seven
thousand
five
hundred
dollars.
A
person
convicted
of
a
felony
offense
may
be
committed
to
the
custody
of
the
director
of
the
department
of
corrections,
who
shall
assign
the
person
to
a
facility
pursuant
to
section
904.513
.
The
court
shall
also
order
that
the
person
not
operate
a
motorboat
or
sailboat
for
one
year
in
addition
to
any
other
period
of
time
the
defendant
would
have
been
ordered
not
to
operate
if
no
injury
had
occurred
in
connection
with
the
violation.
The
court
shall
also
assign
the
defendant
to
substance
abuse
use
disorder
evaluation
and
treatment
pursuant
to
subsections
12
and
13
,
and
a
course
for
drinking
drivers.
e.
A
class
“B”
felony
for
any
offense
under
this
section
resulting
in
the
death
of
persons
other
than
the
defendant,
if
the
court
determines
that
the
person
who
committed
the
offense
caused
the
death,
and
shall
be
imprisoned
for
a
determinate
sentence
of
not
more
than
twenty-five
years,
or
committed
to
the
custody
of
the
director
of
the
department
of
corrections.
A
person
convicted
of
a
felony
offense
may
be
committed
to
the
custody
of
the
director
of
the
department
of
corrections,
who
shall
assign
the
person
to
a
facility
pursuant
to
section
Senate
File
514,
p.
710
904.513
.
The
court
shall
also
order
that
the
person
not
operate
a
motorboat
or
sailboat
for
six
years.
The
court
shall
also
assign
the
defendant
to
substance
abuse
use
disorder
evaluation
and
treatment
pursuant
to
subsections
12
and
13
,
and
a
course
for
drinking
drivers.
Sec.
1171.
Section
462A.14,
subsection
12,
Code
2023,
is
amended
to
read
as
follows:
12.
a.
All
substance
abuse
use
disorder
evaluations
required
under
this
section
shall
be
completed
at
the
defendant’s
expense.
b.
In
addition
to
assignment
to
substance
abuse
use
disorder
evaluation
and
treatment
under
this
section
,
the
court
shall
order
any
defendant
convicted
under
this
section
to
follow
the
recommendations
proposed
in
the
substance
abuse
use
disorder
evaluation
for
appropriate
substance
abuse
use
disorder
treatment
for
the
defendant.
Court-ordered
substance
abuse
use
disorder
treatment
is
subject
to
the
periodic
reporting
requirements
of
section
125.86
.
c.
If
a
defendant
is
committed
by
the
court
to
a
substance
abuse
use
disorder
treatment
facility,
the
administrator
of
the
facility
shall
report
to
the
court
when
it
is
determined
that
the
defendant
has
received
the
maximum
benefit
of
treatment
at
the
facility
and
the
defendant
shall
be
released
from
the
facility.
The
time
for
which
the
defendant
is
committed
for
treatment
shall
be
credited
against
the
defendant’s
sentence.
d.
The
court
may
prescribe
the
length
of
time
for
the
evaluation
and
treatment
or
the
court
may
request
that
the
community
college
or
licensed
substance
abuse
use
disorder
program
conducting
the
course
for
drinking
drivers
which
the
defendant
is
ordered
to
attend
or
the
treatment
program
to
which
the
defendant
is
committed
immediately
report
to
the
court
when
the
defendant
has
received
maximum
benefit
from
the
course
for
drinking
drivers
or
treatment
program
or
has
recovered
from
the
defendant’s
addiction,
dependency,
or
tendency
to
chronically
abuse
use
alcohol
or
drugs.
e.
Upon
successfully
completing
a
course
for
drinking
drivers
or
an
ordered
substance
abuse
use
disorder
treatment
program,
a
court
may
place
the
defendant
on
probation
for
six
months
and
as
a
condition
of
probation,
the
defendant
shall
Senate
File
514,
p.
711
attend
a
program
providing
posttreatment
services
relating
to
substance
abuse
use
disorder
as
approved
by
the
court.
f.
A
defendant
committed
under
this
section
who
does
not
possess
sufficient
income
or
estate
to
make
payment
of
the
costs
of
the
treatment
in
whole
or
in
part
shall
be
considered
a
state
patient
and
the
costs
of
treatment
shall
be
paid
as
provided
in
section
125.44
.
g.
A
defendant
who
fails
to
carry
out
the
order
of
the
court
shall
be
confined
in
the
county
jail
for
twenty
days
in
addition
to
any
other
imprisonment
ordered
by
the
court
or
may
be
ordered
to
perform
unpaid
community
service
work,
and
shall
be
placed
on
probation
for
one
year
with
a
violation
of
this
probation
punishable
as
contempt
of
court.
h.
In
addition
to
any
other
condition
of
probation,
the
defendant
shall
attend
a
program
providing
substance
abuse
use
disorder
prevention
services
or
posttreatment
services
related
to
substance
abuse
use
disorder
as
ordered
by
the
court.
The
defendant
shall
report
to
the
defendant’s
probation
officer
as
ordered
concerning
proof
of
attendance
at
the
treatment
program
or
posttreatment
program
ordered
by
the
court.
Failure
to
attend
or
complete
the
program
shall
be
considered
a
violation
of
probation
and
is
punishable
as
contempt
of
court.
Sec.
1172.
Section
466B.3,
subsection
4,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
The
director
of
the
department
of
public
health
and
human
services
or
the
director’s
designee.
Sec.
1173.
Section
470.5,
Code
2023,
is
amended
to
read
as
follows:
470.5
Exceptions.
This
chapter
does
not
apply
to
buildings
used
on
January
1,
1980
,
by
the
division
of
adult
corrections
of
the
department
of
health
and
human
services
as
maximum
security
detention
facilities
or
to
the
renovation
of
property
nominated
to,
or
entered
in
the
national
register
of
historic
places,
designated
by
statute,
or
included
in
an
established
list
of
historic
places
compiled
by
the
historical
division
of
the
department
of
cultural
affairs.
Sec.
1174.
Section
476.20,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
712
2.
The
board
shall
establish
rules
requiring
a
regulated
public
utility
furnishing
gas
or
electricity
to
include
in
the
utility’s
notice
of
pending
disconnection
of
service
a
written
statement
advising
the
customer
that
the
customer
may
be
eligible
to
participate
in
the
low
income
home
energy
assistance
program
or
weatherization
assistance
program
administered
by
the
division
of
community
action
agencies
of
the
department
of
health
and
human
rights
services
.
The
written
statement
shall
list
the
address
and
telephone
number
of
the
local
agency
which
is
administering
the
customer’s
low
income
home
energy
assistance
program
and
the
weatherization
assistance
program.
The
written
statement
shall
also
state
that
the
customer
is
advised
to
contact
the
public
utility
to
settle
any
of
the
customer’s
complaints
with
the
public
utility,
but
if
a
complaint
is
not
settled
to
the
customer’s
satisfaction,
the
customer
may
file
the
complaint
with
the
board.
The
written
statement
shall
include
the
address
and
phone
number
of
the
board.
If
the
notice
of
pending
disconnection
of
service
applies
to
a
residence,
the
written
statement
shall
advise
that
the
disconnection
does
not
apply
from
November
1
through
April
1
for
a
resident
who
is
a
“head
of
household”,
as
defined
in
section
422.4
,
and
who
has
been
certified
to
the
public
utility
by
the
local
agency
which
is
administering
the
low
income
home
energy
assistance
program
and
weatherization
assistance
program
as
being
eligible
for
either
the
low
income
home
energy
assistance
program
or
weatherization
assistance
program,
and
that
if
such
a
resident
resides
within
the
serviced
residence,
the
customer
should
promptly
have
the
qualifying
resident
notify
the
local
agency
which
is
administering
the
low
income
home
energy
assistance
program
and
weatherization
assistance
program.
The
board
shall
establish
rules
requiring
that
the
written
notice
contain
additional
information
as
it
deems
necessary
and
appropriate.
Sec.
1175.
Section
476.51,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
Civil
penalties
collected
pursuant
to
this
section
from
utilities
providing
water,
electric,
or
gas
service
shall
be
forwarded
by
the
chief
operating
officer
of
the
board
to
the
treasurer
of
state
to
be
credited
to
the
general
fund
of
Senate
File
514,
p.
713
the
state
and
to
be
used
only
for
the
low
income
home
energy
assistance
program
and
the
weatherization
assistance
program
administered
by
the
division
of
community
action
agencies
of
the
department
of
health
and
human
rights
services
.
Civil
penalties
collected
pursuant
to
this
section
from
utilities
providing
telecommunications
service
shall
be
forwarded
to
the
treasurer
of
state
to
be
credited
to
the
department
of
commerce
revolving
fund
created
in
section
546.12
to
be
used
only
for
consumer
education
programs
administered
by
the
board.
Penalties
paid
by
a
rate-regulated
public
utility
pursuant
to
this
section
shall
be
excluded
from
the
utility’s
costs
when
determining
the
utility’s
revenue
requirement,
and
shall
not
be
included
either
directly
or
indirectly
in
the
utility’s
rates
or
charges
to
customers.
Sec.
1176.
Section
476.66,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
The
rules
established
by
the
utilities
board
shall
require
an
annual
report
to
be
filed
for
each
fund.
The
utilities
board
shall
compile
an
annual
statewide
report
of
the
fund
results.
The
division
of
community
action
agencies
of
the
department
of
health
and
human
rights
services
shall
prepare
an
annual
report
of
the
unmet
need
for
energy
assistance
and
weatherization.
Both
reports
shall
be
submitted
to
the
appropriations
committees
of
the
general
assembly
on
the
first
day
of
the
following
session.
Sec.
1177.
Section
477C.5,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
One
representative
from
the
office
of
deaf
services
of
the
department
of
health
and
human
rights
services
.
Sec.
1178.
Section
478.29,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
person
who
violates
a
provision
of
this
chapter
is
subject
to
a
civil
penalty,
which
may
be
levied
by
the
board,
of
not
more
than
one
hundred
dollars
per
violation
or
one
thousand
dollars
per
day
of
a
continuing
violation,
whichever
is
greater.
Civil
penalties
collected
pursuant
to
this
section
shall
be
forwarded
by
the
chief
operating
officer
of
the
board
to
the
treasurer
of
state
to
be
credited
to
the
general
fund
of
the
state
and
appropriated
to
the
division
of
community
action
Senate
File
514,
p.
714
agencies
of
the
department
of
health
and
human
rights
services
for
purposes
of
the
low
income
home
energy
assistance
program
and
the
weatherization
assistance
program.
Sec.
1179.
Section
479.31,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
person
who
violates
this
chapter
or
any
rule
or
order
issued
pursuant
to
this
chapter
shall
be
subject
to
a
civil
penalty
levied
by
the
board
in
accordance
with
49
C.F.R.
§190.223.
Each
day
that
the
violation
continues
shall
constitute
a
separate
offense.
Civil
penalties
collected
pursuant
to
this
section
shall
be
forwarded
by
the
chief
operating
officer
of
the
board
to
the
treasurer
of
state
to
be
credited
to
the
general
fund
of
the
state
and
appropriated
to
the
division
of
community
action
agencies
of
the
department
of
health
and
human
rights
services
for
purposes
of
the
low
income
home
energy
assistance
program
and
the
weatherization
assistance
program.
Sec.
1180.
Section
479B.21,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
person
who
violates
this
chapter
or
any
rule
or
order
issued
pursuant
to
this
chapter
shall
be
subject
to
a
civil
penalty
levied
by
the
board
in
an
amount
not
to
exceed
one
thousand
dollars
for
each
violation.
Each
day
that
the
violation
continues
shall
constitute
a
separate
offense.
However,
the
maximum
civil
penalty
shall
not
exceed
two
hundred
thousand
dollars
for
any
related
series
of
violations.
Civil
penalties
collected
pursuant
to
this
section
shall
be
forwarded
by
the
chief
operating
officer
of
the
board
to
the
treasurer
of
state
to
be
credited
to
the
general
fund
of
the
state
and
appropriated
to
the
division
of
community
action
agencies
of
the
department
of
health
and
human
rights
services
for
purposes
of
the
low
income
home
energy
assistance
program
and
the
weatherization
assistance
program.
Sec.
1181.
Section
483A.24,
subsections
7
and
15,
Code
2023,
are
amended
to
read
as
follows:
7.
A
license
shall
not
be
required
of
minor
pupils
of
the
Iowa
braille
and
sight
saving
school,
Iowa
school
for
the
deaf,
or
of
minor
residents
of
other
state
institutions
under
the
control
of
an
administrator
of
a
division
of
the
department
Senate
File
514,
p.
715
of
health
and
human
services.
In
addition,
a
person
who
is
on
active
duty
with
the
armed
forces
of
the
United
States,
on
authorized
leave
from
a
duty
station
located
outside
of
this
state,
and
a
resident
of
the
state
of
Iowa
shall
not
be
required
to
have
a
license
to
hunt
or
fish
in
this
state.
The
military
person
shall
carry
the
person’s
leave
papers
and
a
copy
of
the
person’s
current
earnings
statement
showing
a
deduction
for
Iowa
income
taxes
while
hunting
or
fishing.
In
lieu
of
carrying
the
person’s
earnings
statement,
the
military
person
may
also
claim
residency
if
the
person
is
registered
to
vote
in
this
state.
If
a
deer
or
wild
turkey
is
taken,
the
military
person
shall
immediately
contact
a
state
conservation
officer
to
obtain
an
appropriate
tag
to
transport
the
animal.
A
license
shall
not
be
required
of
residents
of
county
care
facilities
or
any
person
who
is
receiving
supplementary
assistance
under
chapter
249
.
15.
The
department
may
issue
a
permit,
subject
to
conditions
established
by
the
department,
which
authorizes
patients
of
a
substance
abuse
use
disorder
facility,
residents
of
health
care
facilities
licensed
under
chapter
135C
,
tenants
of
elder
group
homes
licensed
under
chapter
231B
,
tenants
of
assisted
living
program
facilities
licensed
under
chapter
231C
,
participants
who
attend
adult
day
services
programs
licensed
under
chapter
231D
,
participants
in
services
funded
under
a
federal
home
and
community-based
services
waiver
implemented
under
the
medical
assistance
program
as
defined
in
chapter
249A
,
and
persons
cared
for
in
juvenile
shelter
care
homes
as
provided
for
in
chapter
232
to
fish
without
a
license
as
a
supervised
group.
A
person
supervising
a
group
pursuant
to
this
subsection
may
fish
with
the
group
pursuant
to
the
permit
and
is
not
required
to
obtain
a
fishing
license.
Sec.
1182.
Section
505.16,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
insurance
commissioner
shall
approve
rules
for
carrying
out
this
section
including
rules
relating
to
the
preparation
of
information
to
be
provided
before
and
after
a
test
and
the
protection
of
confidentiality
of
personal
and
medical
records
of
insurance
applicants
and
policyholders.
The
rules
shall
require
a
person
engaged
in
the
business
Senate
File
514,
p.
716
of
insurance
who
receives
results
of
a
positive
human
immunodeficiency
virus
test
of
an
insurance
applicant
or
policyholder
to
report
those
results
to
a
physician
or
alternative
testing
site
of
the
applicant’s
or
policyholder’s
choice,
or
if
the
applicant
or
policyholder
does
not
choose
a
physician
or
alternative
testing
site
to
receive
the
results,
to
the
Iowa
department
of
public
health
and
human
services
.
Sec.
1183.
Section
505.25,
Code
2023,
is
amended
to
read
as
follows:
505.25
Information
provided
to
medical
assistance
program,
hawk-i
Hawki
program,
and
child
support
recovery
unit
services
.
A
carrier,
as
defined
in
section
514C.13
,
shall
enter
into
a
health
insurance
data
match
program
with
the
department
of
health
and
human
services
for
the
sole
purpose
of
comparing
the
names
of
the
carrier’s
insureds
with
the
names
of
recipients
of
the
medical
assistance
program
under
chapter
249A
,
individuals
under
the
purview
of
the
child
support
recovery
unit
services
pursuant
to
chapter
252B
,
or
enrollees
of
the
hawk-i
Hawki
program
under
chapter
514I
.
Sec.
1184.
Section
505.34,
Code
2023,
is
amended
to
read
as
follows:
505.34
Medical
assistance
and
hawk-i
Hawki
programs
——
applicability
of
subtitle.
1.
The
medical
assistance
program
under
chapter
249A
and
the
healthy
and
well
kids
in
Iowa
(hawk-i)
(Hawki)
program
under
chapter
514I
shall
not
be
subject
to
this
subtitle
unless
otherwise
provided
by
law.
2.
A
managed
care
organization
acting
pursuant
to
a
contract
with
the
department
of
health
and
human
services
to
administer
the
medical
assistance
program
under
chapter
249A
,
or
the
healthy
and
well
kids
in
the
Iowa
(hawk-i)
(Hawki)
program
under
chapter
514I
,
shall
not
be
subject
to
this
subtitle
unless
otherwise
provided
by
law.
Sec.
1185.
Section
508C.5,
subsection
13,
paragraph
f,
Code
2023,
is
amended
to
read
as
follows:
f.
An
entity
whose
only
business
in
this
state
is
operating
as
a
managed
care
organization.
For
purposes
of
this
paragraph,
“managed
care
organization”
means
an
entity
that
is
under
contract
with
the
Iowa
department
of
health
and
human
services
Senate
File
514,
p.
717
to
provide
services
to
Medicaid
recipients
and
that
also
meets
the
definition
of
“health
maintenance
organization”
in
section
514B.1
.
Sec.
1186.
Section
509.1,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
A
policy
issued
to
the
department
of
health
and
human
services,
which
shall
be
deemed
the
policyholder,
to
insure
eligible
persons
for
medical
assistance,
or
for
both
mandatory
medical
assistance
and
optional
medical
assistance,
as
defined
by
chapter
249A
as
hereafter
amended.
Sec.
1187.
Section
509.3A,
subsection
12,
Code
2023,
is
amended
to
read
as
follows:
12.
The
hawk-i
Hawki
program
authorized
by
chapter
514I
.
Sec.
1188.
Section
510B.1,
subsections
9
and
22,
Code
2023,
are
amended
to
read
as
follows:
9.
“Health
carrier”
means
an
entity
subject
to
the
insurance
laws
and
regulations
of
this
state,
or
subject
to
the
jurisdiction
of
the
commissioner,
including
an
insurance
company
offering
sickness
and
accident
plans,
a
health
maintenance
organization,
a
nonprofit
health
service
corporation,
or
a
plan
established
pursuant
to
chapter
509A
for
public
employees.
“Health
carrier”
does
not
include
any
of
the
following:
a.
The
department
of
health
and
human
services.
b.
A
managed
care
organization
acting
pursuant
to
a
contract
with
the
department
of
health
and
human
services
to
administer
the
medical
assistance
program
under
chapter
249A
or
the
healthy
and
well
kids
in
Iowa
(hawk-i)
(Hawki)
program
under
chapter
514I
.
c.
A
policy
or
contract
providing
a
prescription
drug
benefit
pursuant
to
42
U.S.C.
ch.
7,
subch.
XVIII,
part
D.
d.
A
plan
offered
or
maintained
by
a
multiple
employer
welfare
arrangement
established
under
chapter
513D
before
January
1,
2022.
22.
“Third-party
payor”
means
any
entity
other
than
a
covered
person
or
a
health
care
provider
that
is
responsible
for
any
amount
of
reimbursement
for
a
prescription
drug
benefit.
“Third-party
payor”
includes
health
carriers
and
other
entities
that
provide
a
plan
of
health
insurance
or
health
care
benefits.
Senate
File
514,
p.
718
“Third-party
payor”
does
not
include
any
of
the
following:
a.
The
department
of
health
and
human
services.
b.
A
managed
care
organization
acting
pursuant
to
a
contract
with
the
department
of
health
and
human
services
to
administer
the
medical
assistance
program
under
chapter
249A
or
the
healthy
and
well
kids
in
Iowa
(hawk-i)
(Hawki)
program
under
chapter
514I
.
c.
A
policy
or
contract
providing
a
prescription
drug
benefit
pursuant
to
42
U.S.C.
ch.
7,
subch.
XVIII,
part
D.
Sec.
1189.
Section
513B.2,
subsection
8,
paragraph
l,
Code
2023,
is
amended
to
read
as
follows:
l.
The
hawk-i
Hawki
program
authorized
by
chapter
514I
.
Sec.
1190.
Section
513C.3,
subsection
12,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
Loss
of
eligibility
for
the
hawk-i
Hawki
program
authorized
in
chapter
514I
.
Sec.
1191.
Section
514.1,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
“Subscriber”
means
an
individual
who
enters
into
a
contract
for
health
care
services
with
a
corporation
subject
to
this
chapter
and
includes
a
person
eligible
for
mandatory
medical
assistance
or
optional
medical
assistance
as
defined
under
chapter
249A
,
with
respect
to
whom
the
department
of
health
and
human
services
has
entered
into
a
contract
with
a
firm
operating
under
this
chapter
.
Sec.
1192.
Section
514A.3B,
subsection
3,
paragraph
l,
Code
2023,
is
amended
to
read
as
follows:
l.
The
hawk-i
Hawki
program
authorized
by
chapter
514I
.
Sec.
1193.
Section
514B.3,
subsection
1,
paragraph
m,
Code
2023,
is
amended
to
read
as
follows:
m.
A
description
of
the
procedures
and
programs
to
be
implemented
to
meet
the
requirements
for
quality
of
health
care
as
determined
by
the
director
of
public
health
and
human
services
under
section
514B.4
.
Sec.
1194.
Section
514B.3,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Upon
receipt
of
an
application
for
a
certificate
of
authority,
the
commissioner
shall
immediately
transmit
copies
of
the
application
and
accompanying
documents
to
the
director
Senate
File
514,
p.
719
of
public
health
and
human
services
and
the
affected
regional
health
planning
council,
as
authorized
by
Pub.
L.
No.
89-749,
42
U.S.C.
§246(b)2b,
for
their
nonbinding
consultation
and
advice.
Sec.
1195.
Section
514B.4A,
Code
2023,
is
amended
to
read
as
follows:
514B.4A
Direct
provision
of
health
care
services.
1.
An
application
for
a
certificate
of
authority
to
provide
health
care
services,
directly,
shall
be
forwarded
by
the
commissioner
to
the
director
of
public
health
and
human
services
for
review,
comment,
and
recommendation,
with
respect
to
the
health
care
services
to
be
provided
directly,
to
assure
that
the
applicant
has
demonstrated
the
willingness
and
potential
ability
to
provide
the
health
care
services
through
adequate
personnel
and
facilities.
2.
Rules
proposed
by
the
commissioner
for
adoption
for
the
direct
provision
of
health
care
services
by
a
health
maintenance
organization,
shall
be
forwarded
by
the
commissioner
to
the
director
of
public
health
and
human
services
for
review,
comment,
and
recommendation,
prior
to
submission
to
the
administrative
rules
coordinator
pursuant
to
section
17A.4
.
3.
The
director
of
public
health
and
human
services
shall
respond
to
the
commissioner,
with
respect
to
an
application
or
proposed
rule,
with
any
comments
or
recommendations
within
thirty
days
of
the
forwarding
of
the
application
or
proposed
rules
to
the
director
of
public
health
and
human
services
.
Sec.
1196.
Section
514B.32,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
The
provisions
of
this
chapter
shall
be
applicable
to
a
managed
care
organization
acting
pursuant
to
a
contract
with
the
department
of
health
and
human
services
to
administer
the
medical
assistance
program
under
chapter
249A
,
or
the
healthy
and
well
kids
in
Iowa
(hawk-i)
(Hawki)
program
under
chapter
514I
,
only
with
respect
to
licensure
and
solvency
standards
as
evidenced
by
the
managed
care
organization
obtaining
and
maintaining
a
certificate
of
authority,
and
maintaining
compliance
with
the
solvency
standards
set
forth
in
this
chapter
.
Sec.
1197.
Section
514B.33,
subsection
5,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
720
a.
For
purposes
of
this
section
,
“limited
service
organization”
means
an
organization
providing
dental
care
services,
vision
care
services,
mental
health
services,
substance
abuse
use
disorder
services,
pharmaceutical
services,
podiatric
care
services,
or
such
other
services
as
may
be
determined
by
the
commissioner.
Sec.
1198.
Section
514C.9,
subsection
3,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Enroll
a
child
who
is
eligible
for
coverage
under
the
applicable
terms
and
conditions
of
the
health
benefit
plan
and
the
standard
enrollment
guidelines
of
the
insurer,
without
regard
to
any
time
of
enrollment
restriction,
under
dependent
coverage
upon
application
by
the
obligee
or
other
legal
custodian
of
the
child
or
by
the
department
of
health
and
human
services
in
the
event
an
obligor
required
by
a
court
order
or
administrative
order
fails
to
apply
for
coverage
for
the
child.
Sec.
1199.
Section
514C.9,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
A
group
health
plan
shall
establish
reasonable
procedures
to
determine
whether
a
child
is
covered
under
a
qualified
medical
child
support
order
issued
pursuant
to
chapter
252E
.
The
procedures
shall
be
in
writing,
provide
for
prompt
notice
of
each
person
specified
in
the
medical
child
support
order
as
eligible
to
receive
benefits
under
the
group
health
plan
upon
receipt
by
the
plan
of
the
medical
child
support
order,
and
allow
an
obligee
or
other
legal
custodian
of
the
child
under
chapter
252E
to
designate
a
representative
for
receipt
of
copies
of
notices
in
regard
to
the
medical
child
support
order
that
are
sent
to
the
obligee
or
other
legal
custodian
of
the
child
and
the
department
of
health
and
human
services’
child
support
recovery
unit
services
.
Sec.
1200.
Section
514C.18,
subsection
1,
paragraph
b,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
The
diabetes
self-management
training
and
education
program
is
certified
by
the
Iowa
department
of
public
health
and
human
services
.
The
department
shall
consult
with
the
American
diabetes
association,
Iowa
affiliate,
in
developing
the
standards
for
certification
of
diabetes
education
programs
that
cover
at
least
ten
hours
of
initial
outpatient
diabetes
Senate
File
514,
p.
721
self-management
training
within
a
continuous
twelve-month
period
and
up
to
two
hours
of
follow-up
training
for
each
subsequent
year
for
each
individual
diagnosed
by
a
physician
or
physician
assistant
with
any
type
of
diabetes
mellitus.
Sec.
1201.
Section
514C.27,
Code
2023,
is
amended
to
read
as
follows:
514C.27
Mental
illness
and
substance
abuse
use
disorder
treatment
coverage
for
veterans.
1.
Notwithstanding
the
uniformity
of
treatment
requirements
of
section
514C.6
,
a
group
policy
or
contract
providing
for
third-party
payment
or
prepayment
of
health
or
medical
expenses
issued
by
a
carrier,
as
defined
in
section
513B.2
,
shall
provide
coverage
benefits
to
an
insured
who
is
a
veteran
for
treatment
of
mental
illness
and
substance
abuse
use
disorder
if
either
of
the
following
is
satisfied:
a.
The
policy
or
contract
is
issued
to
an
employer
who
on
at
least
fifty
percent
of
the
employer’s
working
days
during
the
preceding
calendar
year
employed
more
than
fifty
full-time
equivalent
employees.
In
determining
the
number
of
full-time
equivalent
employees
of
an
employer,
employers
who
are
affiliated
or
who
are
able
to
file
a
consolidated
tax
return
for
purposes
of
state
taxation
shall
be
considered
one
employer.
b.
The
policy
or
contract
is
issued
to
a
small
employer
as
defined
in
section
513B.2
,
and
such
policy
or
contract
provides
coverage
benefits
for
the
treatment
of
mental
illness
and
substance
abuse
use
disorder
.
2.
Notwithstanding
the
uniformity
of
treatment
requirements
of
section
514C.6
,
a
plan
established
pursuant
to
chapter
509A
for
public
employees
shall
provide
coverage
benefits
to
an
insured
who
is
a
veteran
for
treatment
of
mental
illness
and
substance
abuse
use
disorder
as
defined
in
subsection
3
.
3.
For
purposes
of
this
section:
a.
“Mental
illness”
means
mental
disorders
as
defined
by
the
commissioner
by
rule.
b.
“Substance
abuse
use
disorder
”
means
a
pattern
of
pathological
use
of
alcohol
or
a
drug
that
causes
impairment
in
social
or
occupational
functioning,
or
that
produces
physiological
dependency
evidenced
by
physical
tolerance
or
by
physical
symptoms
when
the
alcohol
or
drug
is
withdrawn.
Senate
File
514,
p.
722
c.
“Veteran”
means
the
same
as
defined
in
section
35.1
.
4.
The
commissioner,
by
rule,
shall
define
“mental
illness”
consistent
with
definitions
provided
in
the
most
recent
edition
of
the
American
psychiatric
association’s
diagnostic
and
statistical
manual
of
mental
disorders,
as
the
definitions
may
be
amended
from
time
to
time.
The
commissioner
may
adopt
the
definitions
provided
in
such
manual
by
reference.
5.
This
section
shall
not
apply
to
accident-only,
specified
disease,
short-term
hospital
or
medical,
hospital
confinement
indemnity,
credit,
dental,
vision,
Medicare
supplement,
long-term
care,
basic
hospital
and
medical-surgical
expense
coverage
as
defined
by
the
commissioner,
disability
income
insurance
coverage,
coverage
issued
as
a
supplement
to
liability
insurance,
workers’
compensation
or
similar
insurance,
or
automobile
medical
payment
insurance,
or
individual
accident
and
sickness
policies
issued
to
individuals
or
to
individual
members
of
a
member
association.
6.
A
carrier
or
plan
established
pursuant
to
chapter
509A
may
manage
the
benefits
provided
through
common
methods,
including
but
not
limited
to
providing
payment
of
benefits
or
providing
care
and
treatment
under
a
capitated
payment
system,
prospective
reimbursement
rate
system,
utilization
control
system,
incentive
system
for
the
use
of
least
restrictive
and
least
costly
levels
of
care,
a
preferred
provider
contract
limiting
choice
of
specific
providers,
or
any
other
system,
method,
or
organization
designed
to
assure
services
are
medically
necessary
and
clinically
appropriate.
7.
a.
A
group
policy
or
contract
or
plan
covered
under
this
section
shall
not
impose
an
aggregate
annual
or
lifetime
limit
on
mental
illness
or
substance
abuse
use
disorder
coverage
benefits
unless
the
policy
or
contract
or
plan
imposes
an
aggregate
annual
or
lifetime
limit
on
substantially
all
medical
and
surgical
coverage
benefits.
b.
A
group
policy
or
contract
or
plan
covered
under
this
section
that
imposes
an
aggregate
annual
or
lifetime
limit
on
substantially
all
medical
and
surgical
coverage
benefits
shall
not
impose
an
aggregate
annual
or
lifetime
limit
on
mental
illness
or
substance
abuse
use
disorder
coverage
benefits
which
is
less
than
the
aggregate
annual
or
lifetime
limit
imposed
on
Senate
File
514,
p.
723
substantially
all
medical
and
surgical
coverage
benefits.
8.
A
group
policy
or
contract
or
plan
covered
under
this
section
shall
at
a
minimum
allow
for
thirty
inpatient
days
and
fifty-two
outpatient
visits
annually.
The
policy
or
contract
or
plan
may
also
include
deductibles,
coinsurance,
or
copayments,
provided
the
amounts
and
extent
of
such
deductibles,
coinsurance,
or
copayments
applicable
to
other
medical
or
surgical
services
coverage
under
the
policy
or
contract
or
plan
are
the
same.
It
is
not
a
violation
of
this
section
if
the
policy
or
contract
or
plan
excludes
entirely
from
coverage
benefits
for
the
cost
of
providing
the
following:
a.
Care
that
is
substantially
custodial
in
nature.
b.
Services
and
supplies
that
are
not
medically
necessary
or
clinically
appropriate.
c.
Experimental
treatments.
9.
This
section
applies
to
third-party
payment
provider
policies
or
contracts
and
plans
established
pursuant
to
chapter
509A
delivered,
issued
for
delivery,
continued,
or
renewed
in
this
state
on
or
after
January
1,
2011.
Sec.
1202.
Section
514E.1,
subsection
6,
paragraph
k,
Code
2023,
is
amended
to
read
as
follows:
k.
The
hawk-i
Hawki
program
authorized
by
chapter
514I
.
Sec.
1203.
Section
514F.7,
subsection
1,
paragraph
h,
Code
2023,
is
amended
to
read
as
follows:
h.
“Health
carrier”
means
an
entity
subject
to
the
insurance
laws
and
regulations
of
this
state,
or
subject
to
the
jurisdiction
of
the
commissioner,
including
an
insurance
company
offering
sickness
and
accident
plans,
a
health
maintenance
organization,
a
nonprofit
health
service
corporation,
a
plan
established
pursuant
to
chapter
509A
for
public
employees,
or
any
other
entity
providing
a
plan
of
health
insurance,
health
care
benefits,
or
health
care
services.
“Health
carrier”
does
not
include
a
managed
care
organization
as
defined
in
441
IAC
73.1
when
the
managed
care
organization
is
acting
pursuant
to
a
contract
with
the
Iowa
department
of
health
and
human
services
to
provide
services
to
Medicaid
recipients.
Sec.
1204.
Section
514F.8,
subsection
1,
paragraph
g,
Code
2023,
is
amended
to
read
as
follows:
g.
“Health
carrier”
means
an
entity
subject
to
the
Senate
File
514,
p.
724
insurance
laws
and
regulations
of
this
state,
or
subject
to
the
jurisdiction
of
the
commissioner,
including
an
insurance
company
offering
sickness
and
accident
plans,
a
health
maintenance
organization,
a
nonprofit
health
service
corporation,
a
plan
established
pursuant
to
chapter
509A
for
public
employees,
or
any
other
entity
providing
a
plan
of
health
insurance,
health
care
benefits,
or
health
care
services.
“Health
carrier
”
does
not
include
the
department
of
health
and
human
services,
or
a
managed
care
organization
acting
pursuant
to
a
contract
with
the
department
of
health
and
human
services
to
administer
the
medical
assistance
program
under
chapter
249A
or
the
healthy
and
well
kids
in
Iowa
(hawk-i)
(Hawki)
program
under
chapter
514I
.
Sec.
1205.
Section
514H.2,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
insurance
division
of
the
department
of
commerce
shall
administer
the
program
in
cooperation
with
the
division
responsible
for
medical
services
within
the
department
of
health
and
human
services.
Each
agency
shall
take
all
necessary
actions,
including
filing
an
appropriate
medical
assistance
state
plan
amendment
to
the
state
Medicaid
plan
to
take
full
advantage
of
the
benefits
and
features
of
the
Deficit
Reduction
Act
of
2005.
Sec.
1206.
Section
514H.5,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
When
the
division
responsible
for
medical
services
within
the
department
of
health
and
human
services
determines
whether
an
individual
is
eligible
for
medical
assistance
under
chapter
249A
,
the
division
department
shall
make
an
asset
disregard
adjustment
for
any
individual
who
meets
the
requirements
of
section
514H.3
.
The
asset
disregard
shall
be
available
after
benefits
of
the
qualified
long-term
care
insurance
policy
have
been
applied
to
the
cost
of
qualified
long-term
care
services
as
required
under
this
chapter
.
Sec.
1207.
Section
514H.7,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
insurance
division,
in
cooperation
with
the
department
of
health
and
human
services,
shall
adopt
rules
to
provide
an
asset
disregard
to
individuals
who
are
covered
Senate
File
514,
p.
725
by
a
long-term
care
insurance
policy
prior
to
November
17,
2005,
consistent
with
the
Iowa
long-term
care
asset
disregard
incentive
program.
Sec.
1208.
Section
514H.8,
Code
2023,
is
amended
to
read
as
follows:
514H.8
Reciprocal
agreements
to
extend
asset
disregard.
The
division
responsible
for
medical
services
within
the
department
of
health
and
human
services
may
enter
into
reciprocal
agreements
with
other
states
to
extend
the
asset
disregard
under
section
514H.5
to
Iowa
residents
who
had
purchased
or
were
covered
by
qualified
long-term
care
insurance
policies
in
other
states.
Sec.
1209.
Section
514H.9,
Code
2023,
is
amended
to
read
as
follows:
514H.9
Rules.
The
insurance
division
of
the
department
of
commerce
in
cooperation
with
the
department
of
health
and
human
services
shall
adopt
rules
pursuant
to
chapter
17A
as
necessary
to
administer
this
chapter
.
Sec.
1210.
Section
514I.1,
subsections
2
and
4,
Code
2023,
are
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
hawk-i
Hawki
board,
shall
proceed
to
implement
and
administer
those
provisions,
subject
to
review
by
the
next
regular
session
of
the
general
assembly.
4.
It
is
the
intent
of
the
general
assembly
that
the
hawk-i
Hawki
program
be
an
integral
part
of
the
continuum
of
health
insurance
coverage
and
that
the
program
be
developed
and
implemented
in
such
a
manner
as
to
facilitate
movement
of
families
between
health
insurance
providers
and
to
facilitate
the
transition
of
families
to
private
sector
health
insurance
coverage.
Sec.
1211.
Section
514I.2,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
726
follows:
514I.2
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
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.
“
Hawk-i
Hawki
board”
or
“board”
means
the
entity
which
adopts
rules
and
establishes
policy
for,
and
directs
the
department
regarding,
the
hawk-i
Hawki
program.
7.
“
Hawk-i
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.
“Health
insurance
coverage”
means
health
insurance
coverage
as
defined
in
42
U.S.C.
§300gg-91.
9.
“Participating
insurer”
means
any
of
the
following:
a.
An
entity
licensed
by
the
division
of
insurance
of
the
department
of
commerce
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
of
human
services
to
administer
the
hawk-i
Hawki
program.
10.
“Qualified
child
health
plan”
or
“plan”
means
health
Senate
File
514,
p.
727
insurance
coverage
provided
by
a
participating
insurer
under
this
chapter
.
Sec.
1212.
Section
514I.3,
Code
2023,
is
amended
to
read
as
follows:
514I.3
Hawk-i
Hawki
program
——
established.
1.
The
hawk-i
Hawki
program,
a
statewide
program
designed
to
improve
the
health
of
children
and
to
provide
health
insurance
coverage
to
eligible
children
on
a
regional
basis
which
complies
with
Tit.
XXI
of
the
federal
Social
Security
Act,
is
established
and
shall
be
implemented
January
1,
1999.
2.
Health
insurance
coverage
under
the
program
shall
be
provided
by
participating
insurers
and
through
qualified
child
health
plans.
3.
The
department
of
human
services
is
designated
to
receive
the
state
and
federal
funds
appropriated
or
provided
for
the
program,
and
to
submit
and
maintain
the
state
plan
for
the
program,
which
is
approved
by
the
centers
for
Medicare
and
Medicaid
services
of
the
United
States
department
of
health
and
human
services.
4.
Nothing
in
this
chapter
shall
be
construed
or
is
intended
as,
or
shall
imply,
a
grant
of
entitlement
for
services
to
persons
who
are
eligible
for
participation
in
the
program
based
upon
eligibility
consistent
with
the
requirements
of
this
chapter
.
Any
state
obligation
to
provide
services
pursuant
to
this
chapter
is
limited
to
the
extent
of
the
funds
appropriated
or
provided
for
this
chapter
.
5.
Participating
insurers
under
this
chapter
are
not
subject
to
the
requirements
of
chapters
513B
and
513C
.
6.
Health
care
coverage
provided
under
this
chapter
in
accordance
with
Tit.
XXI
of
the
federal
Social
Security
Act
shall
be
recognized
as
prior
creditable
coverage
for
the
purposes
of
private
individual
and
group
health
insurance
coverage.
Sec.
1213.
Section
514I.4,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
director,
with
the
approval
of
the
hawk-i
Hawki
board,
shall
implement
this
chapter
.
The
director
shall
do
all
of
the
following:
Sec.
1214.
Section
514I.5,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
728
follows:
514I.5
Hawk-i
Hawki
board.
1.
A
hawk-i
Hawki
board
for
the
hawk-i
Hawki
program
is
established.
The
board
shall
meet
not
less
than
six
and
not
more
than
twelve
times
annually,
for
the
purposes
of
establishing
policy
for,
directing
the
department
on,
and
adopting
rules
for
the
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
public
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,
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
Senate
File
514,
p.
729
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.
The
board
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
of
human
services
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.
The
hawk-i
Hawki
board
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.
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
Senate
File
514,
p.
730
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
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
hawk-i
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.
j.
Establish
an
advisory
committee
to
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
Senate
File
514,
p.
731
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
hawk-i
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
hawk-i
Hawki
program
and
the
employer-sponsored
health
plans
consistent
with
federal
law.
In
addition,
the
board
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
hawk-i
Hawki
program.
7.
The
hawk-i
Hawki
board,
in
consultation
with
the
department
of
human
services
,
shall
adopt
rules
which
address,
but
are
not
limited
to
addressing,
all
of
the
following:
a.
Implementation
and
administration
of
the
program.
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
abuse
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
Senate
File
514,
p.
732
abuse
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
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
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
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
Senate
File
514,
p.
733
developed
by
the
federal
maternal
and
child
health
bureau
and
the
American
academy
of
pediatrics
guidelines
for
well-child
care.
8.
a.
The
hawk-i
Hawki
board
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
shall
take
into
consideration
the
impact
on
the
overall
program
of
single
source
contracting
for
dental
services.
b.
The
hawk-i
Hawki
board
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.
The
hawk-i
Hawki
board
shall
monitor
the
capacity
of
Medicaid
managed
care
organizations
acting
pursuant
to
a
contract
with
the
department
to
administer
the
hawk-i
Hawki
program
to
specifically
and
appropriately
address
the
unique
needs
of
children
and
children’s
health
delivery.
Sec.
1215.
Section
514I.8,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
child
may
participate
in
the
hawk-i
Hawki
program
if
the
child
meets
all
of
the
following
criteria:
Sec.
1216.
Section
514I.8A,
Code
2023,
is
amended
to
read
as
follows:
514I.8A
Hawk-i
Hawki
——
all
income-eligible
children.
The
department
shall
provide
coverage
to
individuals
under
nineteen
years
of
age
who
meet
the
income
eligibility
requirements
for
the
hawk-i
Hawki
program
and
for
whom
federal
financial
participation
is
or
becomes
available
for
the
cost
of
such
coverage.
Sec.
1217.
Section
514I.9,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
hawk-i
Hawki
board
shall
review
the
benefits
package
annually
and
shall
determine
additions
to
or
deletions
from
the
benefits
package
offered.
The
hawk-i
Hawki
board
shall
submit
the
recommendations
to
the
general
assembly
for
any
amendment
to
the
benefits
package.
Senate
File
514,
p.
734
Sec.
1218.
Section
514I.11,
Code
2023,
is
amended
to
read
as
follows:
514I.11
Hawk-i
Hawki
trust
fund.
1.
A
hawk-i
Hawki
trust
fund
is
created
in
the
state
treasury
under
the
authority
of
the
department
of
human
services
,
in
which
all
appropriations
and
other
revenues
of
the
program
such
as
grants,
contributions,
and
participant
payments
shall
be
deposited
and
used
for
the
purposes
of
the
program.
The
moneys
in
the
fund
shall
not
be
considered
revenue
of
the
state,
but
rather
shall
be
funds
of
the
program.
2.
The
trust
fund
shall
be
separate
from
the
general
fund
of
the
state
and
shall
not
be
considered
part
of
the
general
fund
of
the
state.
The
moneys
in
the
trust
fund
are
not
subject
to
section
8.33
and
shall
not
be
transferred,
used,
obligated,
appropriated,
or
otherwise
encumbered,
except
to
provide
for
the
purposes
of
this
chapter
and
except
as
provided
in
subsection
4
.
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
earnings
on
moneys
deposited
in
the
trust
fund
shall
be
credited
to
the
trust
fund.
3.
Moneys
in
the
fund
are
appropriated
to
the
department
and
shall
be
used
to
offset
any
program
costs.
4.
The
department
may
transfer
moneys
appropriated
from
the
fund
to
be
used
for
the
purpose
of
expanding
health
care
coverage
to
children
under
the
medical
assistance
program.
5.
The
department
shall
provide
periodic
updates
to
the
general
assembly
regarding
expenditures
from
the
fund.
Sec.
1219.
Section
523A.301,
Code
2023,
is
amended
to
read
as
follows:
523A.301
Definition.
As
used
in
sections
523A.302
and
523A.303
,
“director”
means
the
director
of
health
and
human
services.
Sec.
1220.
Section
523A.303,
subsection
2,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
A
notice
in
substantially
the
following
form
complies
with
this
subsection
:
TO:
THE
DIRECTOR
OF
HEALTH
AND
HUMAN
SERVICES
FROM:
(SELLER’S
NAME,
CURRENT
ADDRESS,
AND
TELEPHONE
NUMBER)
You
are
hereby
notified
that
(name
of
deceased),
who
had
an
irrevocable
burial
trust
fund,
has
died,
that
final
payment
Senate
File
514,
p.
735
for
cemetery
merchandise,
funeral
merchandise,
and
funeral
services
has
been
made,
and
that
(remaining
amount)
remains
in
the
irrevocable
burial
trust
fund.
The
above-named
seller
must
receive
a
written
response
regarding
any
claim
by
the
director
within
sixty
days
after
the
mailing
of
this
notice
to
the
director.
If
the
above-named
seller
does
not
receive
a
written
response
regarding
a
claim
by
the
director
within
sixty
days
after
the
mailing
of
this
notice,
the
seller
may
dispose
of
the
remaining
funds
in
accordance
with
section
523A.303
,
Code
of
Iowa.
Sec.
1221.
Section
523A.303,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Upon
receipt
of
the
seller’s
written
notice,
the
director
shall
determine
if
a
debt
is
due
the
department
of
health
and
human
services
pursuant
to
section
249A.53
.
If
the
director
determines
that
a
debt
is
owing,
the
director
shall
provide
a
written
response
to
the
seller
within
sixty
days
after
the
mailing
of
the
seller’s
notice.
If
the
director
does
not
respond
with
a
claim
within
the
sixty-day
period,
any
claim
made
by
the
director
shall
not
be
enforceable
against
the
seller,
the
trust,
or
a
trustee.
Sec.
1222.
Section
523I.214,
Code
2023,
is
amended
to
read
as
follows:
523I.214
Violations
of
law
——
referrals
to
the
Iowa
department
of
public
health
and
human
services
.
If
the
commissioner
discovers
a
violation
of
a
provision
of
this
chapter
or
any
other
state
law
or
rule
concerning
the
disposal
or
transportation
of
human
remains,
the
commissioner
shall
forward
all
evidence
in
the
possession
of
the
commissioner
concerning
such
a
violation
to
the
Iowa
department
of
public
health
and
human
services
for
such
proceedings
as
the
Iowa
department
of
public
health
and
human
services
deems
appropriate.
Sec.
1223.
Section
523I.701,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
The
lawn
crypt
shall
be
installed
in
compliance
with
any
applicable
law
or
rule
adopted
by
the
Iowa
department
of
public
health
and
human
services
.
Sec.
1224.
Section
541A.1,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
736
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.
“Administrator”
means
the
division
of
community
action
agencies
of
the
department
of
human
rights.
3.
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
Internal
Revenue
Code.
3.
“Commission”
means
the
commission
on
community
action
agencies
created
in
section
216A.92A.
4.
“Department”
means
the
department
of
health
and
human
services.
5.
“Director”
means
the
director
of
health
and
human
services.
4.
6.
“Federal
poverty
level”
means
the
first
poverty
income
guidelines
published
in
the
calendar
year
by
the
United
States
department
of
health
and
human
services.
5.
7.
“Financial
institution”
means
a
financial
institution
approved
by
the
administrator
director
as
an
investment
mechanism
for
individual
development
accounts.
6.
8.
“Household
income”
means
the
annual
household
income
of
an
account
holder
or
prospective
account
holder,
as
determined
in
accordance
with
rules
adopted
by
the
administrator
director
.
7.
9.
“Individual
contributor”
means
an
individual
who
makes
a
deposit
to
an
individual
development
account
and
is
not
the
account
holder
or
a
charitable
contributor.
8.
10.
“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
Senate
File
514,
p.
737
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.
9.
11.
“Operating
organization”
means
an
agency
selected
by
the
administrator
department
for
involvement
in
operating
individual
development
accounts
directed
to
a
specific
target
population.
10.
12.
“Source
of
principal”
means
any
of
the
sources
of
a
deposit
to
an
individual
development
account
under
section
541A.2,
subsection
2
.
Sec.
1225.
Section
541A.2,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
Subject
to
obtaining
any
necessary
federal
waivers,
the
department
of
human
services
shall
not
consider
moneys
in
an
individual
development
account
and
any
earnings
on
the
moneys
in
determining
the
eligibility
or
need
of
an
individual
for
benefits
or
assistance
or
the
amount
of
benefits
or
assistance
under
the
family
investment
program
under
chapter
239B
,
the
promoting
independence
and
self-sufficiency
through
employment
job
opportunities
and
basic
skills
program,
or
any
other
program
administered
by
the
department
of
human
services
.
Sec.
1226.
Section
541A.3,
Code
2023,
is
amended
to
read
as
follows:
541A.3
Individual
development
accounts
——
state
savings
match
and
tax
provisions.
All
of
the
following
state
savings
match
and
tax
provisions
shall
apply
to
an
individual
development
account:
1.
a.
Payment
by
the
state
of
a
state
savings
match
on
amounts
of
up
to
two
thousand
dollars
that
an
account
holder
deposits
in
the
account
holder’s
account.
b.
Moneys
transferred
to
an
individual
development
account
from
another
individual
development
account
and
a
state
savings
Senate
File
514,
p.
738
match
received
by
the
account
holder
in
accordance
with
this
section
shall
not
be
considered
an
account
holder
deposit
for
purposes
of
determining
a
state
savings
match.
c.
Payment
of
a
state
savings
match
either
shall
be
made
directly
to
the
account
holder
or
to
an
operating
organization’s
central
reserve
account
for
later
distribution
to
the
account
holder
in
the
most
appropriate
manner
as
determined
by
the
administrator
department
.
d.
Subject
to
the
limitation
in
paragraph
“a”
,
the
state
savings
match
shall
be
equal
to
one
hundred
percent
of
the
amount
deposited
by
the
account
holder.
However,
the
administrator
department
may
limit,
reduce,
delay,
or
otherwise
revise
state
savings
match
payment
provisions
as
necessary
to
restrict
the
payments
to
the
funding
available.
2.
Income
earned
by
an
individual
development
account
is
not
subject
to
state
tax,
in
accordance
with
the
provisions
of
section
422.7,
subsection
17
.
3.
Amounts
transferred
between
individual
development
accounts
are
not
subject
to
state
tax.
4.
The
administrator
department
shall
coordinate
the
filing
of
claims
for
a
state
savings
match
authorized
under
subsection
1
,
between
account
holders
and
operating
organizations.
Claims
approved
by
the
administrator
department
may
be
paid
to
each
account
holder,
for
an
aggregate
amount
for
distribution
to
the
holders
of
the
accounts
in
a
particular
financial
institution,
or
to
an
operating
organization’s
central
reserve
account
for
later
distribution
to
the
account
holders
depending
on
the
efficiency
for
issuing
the
state
savings
match
payments.
Claims
shall
be
initially
filed
with
the
administrator
department
on
or
before
a
date
established
by
the
administrator
department
.
Claims
approved
by
the
administrator
department
shall
be
paid
from
the
individual
development
account
state
savings
match
fund.
Sec.
1227.
Section
541A.5,
Code
2023,
is
amended
to
read
as
follows:
541A.5
Rules.
1.
The
commission
on
community
action
agencies
created
in
section
216A.92A
,
in
consultation
with
the
department
of
administrative
services,
shall
adopt
administrative
rules
to
Senate
File
514,
p.
739
administer
this
chapter
.
2.
a.
The
rules
adopted
by
the
commission
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
administrator
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
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.
3.
The
administrator
department
shall
utilize
a
request
for
proposals
process
for
selection
of
operating
organizations
and
approval
of
financial
institutions.
Sec.
1228.
Section
541A.6,
Code
2023,
is
amended
to
read
as
follows:
541A.6
Compliance
with
federal
requirements.
The
commission
on
community
action
agencies
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
needy
families
block
grant
or
other
federal
funding.
Sec.
1229.
Section
541A.7,
Code
2023,
is
amended
to
read
as
follows:
541A.7
Individual
development
account
state
match
fund.
Senate
File
514,
p.
740
1.
An
individual
development
account
state
match
fund
is
created
in
the
state
treasury
under
the
authority
of
the
administrator
department
.
Notwithstanding
section
8.33
,
moneys
appropriated
to
the
fund
shall
not
revert
to
any
other
fund.
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
earnings
on
moneys
deposited
in
the
fund
shall
be
credited
to
the
fund.
2.
Moneys
available
in
the
fund
for
a
fiscal
year
are
appropriated
to
the
administrator
department
to
be
used
to
provide
the
state
match
for
account
holder
deposits
in
accordance
with
section
541A.3
.
At
least
eighty-five
percent
of
the
amount
appropriated
shall
be
used
for
state
match
payments
and
the
remainder
may
be
used
for
the
administrative
costs
of
the
operating
organization.
Administrative
costs
include
but
are
not
limited
to
accounting
services,
curriculum
costs
for
financial
education
or
asset-specific
training,
and
costs
for
technical
assistance
contractors.
Sec.
1230.
Section
589.26,
Code
2023,
is
amended
to
read
as
follows:
589.26
Land
transfers
by
the
department
of
health
and
human
services
legalized.
Every
deed,
release
or
other
instrument
in
writing
purporting
to
transfer
any
interest
in
land
held
or
claimed
by
the
department
of
health
and
human
services
or
a
predecessor
agency,
which
is
signed
by
a
departmental
official,
and
which
was
filed
of
record
more
than
ten
years
earlier,
in
the
office
of
the
auditor
or
recorder
or
clerk
of
the
district
court
of
any
county
is
legalized
and
shall
be
good
and
valid
in
law
and
in
equity
as
fully
as
if
the
record
expressly
showed
that
it
in
all
respects
complied
with
and
was
fully
authorized
as
provided
in
any
statute
pertaining
to
such
instrument,
any
other
provision
of
law
to
the
contrary
notwithstanding.
Sec.
1231.
Section
595.4,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Previous
to
the
issuance
of
any
license
to
marry,
the
parties
desiring
the
license
shall
sign
and
file
a
verified
application
with
the
county
registrar
which
application
either
may
be
mailed
to
the
parties
at
their
request
or
may
be
signed
by
them
at
the
office
of
the
county
registrar
Senate
File
514,
p.
741
in
the
county
in
which
the
license
is
to
be
issued.
The
application
shall
include
the
social
security
number
of
each
applicant
and
shall
set
forth
at
least
one
affidavit
of
some
competent
and
disinterested
person
stating
the
facts
as
to
age
and
qualification
of
the
parties.
Upon
the
filing
of
the
application
for
a
license
to
marry,
the
county
registrar
shall
file
the
application
in
a
record
kept
for
that
purpose
and
shall
take
all
necessary
steps
to
ensure
the
confidentiality
of
the
social
security
number
of
each
applicant.
All
information
included
on
an
application
may
be
provided
as
mutually
agreed
upon
by
the
division
of
records
and
state
registrar
of
vital
statistics
and
the
child
support
recovery
unit
services
,
including
by
automated
exchange.
Sec.
1232.
Section
598.7,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
district
court
may,
on
its
own
motion
or
on
the
motion
of
any
party,
order
the
parties
to
participate
in
mediation
in
any
dissolution
of
marriage
action
or
other
domestic
relations
action.
Mediation
performed
under
this
section
shall
comply
with
the
provisions
of
chapter
679C
.
The
provisions
of
this
section
shall
not
apply
if
the
action
involves
a
child
support
or
medical
support
obligation
enforced
by
the
child
support
recovery
unit
services
.
The
provisions
of
this
section
shall
not
apply
to
actions
which
involve
elder
abuse
pursuant
to
chapter
235F
or
domestic
abuse
pursuant
to
chapter
236
.
The
provisions
of
this
section
shall
not
affect
a
judicial
district’s
or
court’s
authority
to
order
settlement
conferences
pursuant
to
rules
of
civil
procedure.
The
court
shall,
on
application
of
a
party,
grant
a
waiver
from
any
court-ordered
mediation
under
this
section
if
the
party
demonstrates
that
a
history
of
domestic
abuse
exists
as
specified
in
section
598.41,
subsection
3
,
paragraph
“j”
.
Sec.
1233.
Section
598.21B,
subsection
1,
paragraphs
c
and
d,
Code
2023,
are
amended
to
read
as
follows:
c.
It
is
the
intent
of
the
general
assembly
that,
to
the
extent
possible
within
the
requirements
of
federal
law,
the
court
and
the
child
support
recovery
unit
services
consider
the
individual
facts
of
each
judgment
or
case
in
the
application
of
the
guidelines
and
determine
the
support
obligation
Senate
File
514,
p.
742
accordingly.
It
is
also
the
intent
of
the
general
assembly
that
in
the
supreme
court’s
review
of
the
guidelines,
the
supreme
court
shall
do
both
of
the
following:
(1)
Emphasize
the
ability
of
a
court
to
apply
the
guidelines
in
a
just
and
appropriate
manner
based
upon
the
individual
facts
of
a
judgment
or
case.
(2)
In
determining
monthly
child
support
payments,
consider
other
children
for
whom
either
parent
is
legally
responsible
for
support
and
other
child
support
obligations
actually
paid
by
either
party
pursuant
to
a
court
or
administrative
order.
d.
The
guidelines
prescribed
by
the
supreme
court
shall
be
used
by
the
department
of
health
and
human
services
in
determining
child
support
payments
under
sections
252C.2
and
252C.4
.
A
variation
from
the
guidelines
shall
not
be
considered
by
the
department
without
a
record
or
written
finding,
based
on
stated
reasons,
that
the
guidelines
would
be
unjust
or
inappropriate
as
determined
under
criteria
prescribed
by
the
supreme
court.
Sec.
1234.
Section
598.21B,
subsection
2,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
Special
circumstances
justifying
variation
from
guidelines.
Unless
the
special
circumstances
of
the
case
justify
a
deviation,
the
court
or
the
child
support
recovery
unit
services
shall
establish
a
monthly
child
support
payment
in
accordance
with
the
guidelines
for
a
parent
who
is
nineteen
years
of
age
or
younger,
who
has
not
received
a
high
school
or
high
school
equivalency
diploma,
and
to
whom
each
of
the
following
apply:
(1)
The
parent
is
attending
a
school
or
program
described
as
follows
or
has
been
identified
as
one
of
the
following:
(a)
The
parent
is
in
full-time
attendance
at
an
accredited
school
and
is
pursuing
a
course
of
study
leading
to
a
high
school
diploma.
(b)
The
parent
is
attending
an
instructional
program
leading
to
a
high
school
equivalency
diploma.
(c)
The
parent
is
attending
a
career
and
technical
education
program
approved
pursuant
to
chapter
258
.
(d)
The
parent
has
been
identified
by
the
director
of
special
education
of
the
area
education
agency
as
a
child
Senate
File
514,
p.
743
requiring
special
education
as
defined
in
section
256B.2
.
(2)
The
parent
provides
proof
of
compliance
with
the
requirements
of
subparagraph
(1)
to
the
child
support
recovery
unit
services
,
if
the
unit
child
support
services
is
providing
services
under
chapter
252B
,
or
if
the
unit
child
support
services
is
not
providing
services
pursuant
to
chapter
252B
,
to
the
court
as
the
court
may
direct.
Failure
to
provide
proof
of
compliance
under
this
subparagraph
or
proof
of
compliance
under
section
598.21G
is
grounds
for
modification
of
the
support
order
using
the
uniform
child
support
guidelines
and
imputing
an
income
to
the
parent
equal
to
a
forty-hour
workweek
at
the
state
minimum
wage,
unless
the
parent’s
education,
experience,
or
actual
earnings
justify
a
higher
income.
Sec.
1235.
Section
598.21C,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
This
basis
for
modification
is
applicable
to
petitions
filed
on
or
after
July
1,
1992,
notwithstanding
whether
the
guidelines
prescribed
by
section
598.21B
were
used
in
establishing
the
current
amount
of
support.
Upon
application
for
a
modification
of
an
order
for
child
support
for
which
services
are
being
received
pursuant
to
chapter
252B
,
the
court
shall
set
the
amount
of
child
support
based
upon
the
most
current
child
support
guidelines
established
pursuant
to
section
598.21B
,
including
provisions
for
medical
support
pursuant
to
chapter
252E
.
The
child
Child
support
recovery
unit
services
shall,
in
submitting
an
application
for
modification,
adjustment,
or
alteration
of
an
order
for
support,
employ
additional
criteria
and
procedures
as
provided
in
chapter
252H
and
as
established
by
rule.
Sec.
1236.
Section
598.21C,
subsections
3,
5,
and
7,
Code
2023,
are
amended
to
read
as
follows:
3.
Applicable
law.
Unless
otherwise
provided
pursuant
to
28
U.S.C.
§1738B,
a
modification
of
a
support
order
entered
under
chapter
234
,
252A
,
252C
,
600B
,
this
chapter
,
or
any
other
support
chapter
or
proceeding
between
parties
to
the
order
is
void
unless
the
modification
is
approved
by
the
court,
after
proper
notice
and
opportunity
to
be
heard
is
given
to
all
parties
to
the
order,
and
entered
as
an
order
of
the
court.
If
support
payments
have
been
assigned
to
the
Senate
File
514,
p.
744
department
of
health
and
human
services
pursuant
to
section
234.39
,
239B.6
,
or
252E.11
,
or
if
services
are
being
provided
pursuant
to
chapter
252B
,
the
department
is
a
party
to
the
support
order.
Modifications
of
orders
pertaining
to
child
custody
shall
be
made
pursuant
to
chapter
598B
.
If
the
petition
for
a
modification
of
an
order
pertaining
to
child
custody
asks
either
for
joint
custody
or
that
joint
custody
be
modified
to
an
award
of
sole
custody,
the
modification,
if
any,
shall
be
made
pursuant
to
section
598.41
.
5.
Retroactivity
of
modification.
Judgments
for
child
support
or
child
support
awards
entered
pursuant
to
this
chapter
,
chapter
234
,
252A
,
252C
,
252F
,
600B
,
or
any
other
chapter
of
the
Code
which
are
subject
to
a
modification
proceeding
may
be
retroactively
modified
only
from
three
months
after
the
date
the
notice
of
the
pending
petition
for
modification
is
served
on
the
opposing
party.
The
three-month
limitation
applies
to
a
modification
action
pending
on
or
after
July
1,
1997.
The
prohibition
of
retroactive
modification
does
not
bar
the
child
support
recovery
unit
services
from
obtaining
orders
for
accrued
support
for
previous
time
periods.
Any
retroactive
modification
which
increases
the
amount
of
child
support
or
any
order
for
accrued
support
under
this
subsection
shall
include
a
periodic
payment
plan.
A
retroactive
modification
shall
not
be
regarded
as
a
delinquency
unless
there
are
subsequent
failures
to
make
payments
in
accordance
with
the
periodic
payment
plan.
7.
Modification
by
child
support
recovery
unit
services
.
Notwithstanding
any
other
provision
of
law
to
the
contrary,
when
an
application
for
modification
or
adjustment
of
support
is
submitted
by
the
child
support
recovery
unit
services
,
the
sole
issues
which
may
be
considered
by
the
court
in
that
action
are
the
application
of
the
guidelines
in
establishing
the
amount
of
support
pursuant
to
section
598.21B
,
and
provision
for
medical
support
under
chapter
252E
.
When
an
application
for
a
cost-of-living
alteration
of
support
is
submitted
by
the
child
support
recovery
unit
services
pursuant
to
section
252H.24
,
the
sole
issue
which
may
be
considered
by
the
court
in
the
action
is
the
application
of
the
cost-of-living
alteration
in
establishing
the
amount
of
child
support.
Issues
Senate
File
514,
p.
745
related
to
custody,
visitation,
or
other
provisions
unrelated
to
support
shall
be
considered
only
under
a
separate
application
for
modification.
Sec.
1237.
Section
598.21G,
Code
2023,
is
amended
to
read
as
follows:
598.21G
Minor
parent
——
parenting
classes.
In
any
order
or
judgment
entered
under
this
chapter
or
chapter
234
,
252A
,
252C
,
252F
,
or
600B
,
or
under
any
other
chapter
which
provides
for
temporary
or
permanent
support
payments,
if
the
parent
ordered
to
pay
support
is
less
than
eighteen
years
of
age,
one
of
the
following
shall
apply:
1.
If
the
child
support
recovery
unit
services
is
providing
services
pursuant
to
chapter
252B
,
the
court
,
or
the
administrator
as
defined
in
section
252C.1
,
department
of
health
and
human
services
shall
order
the
parent
ordered
to
pay
support
to
attend
parenting
classes
which
are
approved
by
the
department
of
health
and
human
services.
2.
If
the
child
support
recovery
unit
services
is
not
providing
services
pursuant
to
chapter
252B
,
the
court
may
order
the
parent
ordered
to
pay
support
to
attend
parenting
classes
which
are
approved
by
the
court.
Sec.
1238.
Section
598.22A,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Payment
of
accrued
support
debt
due
the
department
of
health
and
human
services
shall
be
credited
pursuant
to
section
252B.3,
subsection
5
.
Sec.
1239.
Section
598.22B,
Code
2023,
is
amended
to
read
as
follows:
598.22B
Information
required
in
order
or
judgment.
This
section
applies
to
all
initial
or
modified
orders
for
paternity
or
support
entered
under
this
chapter
,
chapter
234
,
252A
,
252C
,
252F
,
252H
,
252K
,
or
600B
,
or
under
any
other
chapter,
and
any
subsequent
order
to
enforce
such
support
orders.
1.
All
such
orders
or
judgments
shall
direct
each
party
to
file
with
the
clerk
of
court
or
the
child
support
recovery
unit
services
,
as
appropriate,
upon
entry
of
the
order,
and
to
update
as
appropriate,
information
on
location
and
identity
of
the
party,
including
social
security
number,
residential
and
Senate
File
514,
p.
746
mailing
addresses,
electronic
mail
address,
telephone
number,
driver’s
license
number,
and
name,
address,
and
telephone
number
of
the
party’s
employer.
The
order
shall
also
include
a
provision
that
the
information
filed
will
be
disclosed
and
used
pursuant
to
this
section
.
The
party
shall
file
the
information
with
the
clerk
of
court,
or,
if
all
support
payments
are
to
be
directed
to
the
collection
services
center
as
provided
in
section
252B.14,
subsection
2
,
and
section
252B.16
,
with
the
child
support
recovery
unit
services
.
2.
All
such
orders
or
judgments
shall
include
a
statement
that
in
any
subsequent
child
support
action
initiated
by
the
child
support
recovery
unit
services
or
between
the
parties,
upon
sufficient
showing
that
diligent
effort
has
been
made
to
ascertain
the
location
of
such
a
party,
the
unit
child
support
services
or
the
court
shall
deem
due
process
requirements
for
notice
and
service
of
process
to
be
met
with
respect
to
the
party,
upon
delivery
of
written
notice
to
the
most
recent
residential
or
employer
address
filed
with
the
clerk
of
court
or
unit
child
support
services
pursuant
to
subsection
1
.
3.
a.
Information
filed
pursuant
to
subsection
1
shall
not
be
a
public
record.
b.
Information
filed
with
the
clerk
of
court
pursuant
to
subsection
1
shall
be
available
to
the
child
support
recovery
unit
services
,
upon
request.
Beginning
October
1,
1998,
information
filed
with
the
clerk
of
court
pursuant
to
subsection
1
shall
be
provided
by
the
clerk
of
court
to
the
child
support
recovery
unit
services
pursuant
to
section
252B.24
.
c.
Information
filed
with
the
clerk
of
court
shall
be
available,
upon
request,
to
a
party
unless
the
party
filing
the
information
also
files
an
affidavit
alleging
the
party
has
reason
to
believe
that
release
of
the
information
may
result
in
physical
or
emotional
harm
to
the
affiant
or
child.
However,
even
if
an
affidavit
has
been
filed,
any
information
provided
by
the
clerk
of
court
to
the
child
support
recovery
unit
services
shall
be
disclosed
by
the
unit
child
support
services
as
provided
in
section
252B.9
.
d.
Information
provided
to
the
unit
child
support
services
shall
only
be
disclosed
as
provided
in
section
252B.9
.
Sec.
1240.
Section
598.23A,
subsection
2,
paragraph
b,
Senate
File
514,
p.
747
subparagraph
(2),
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
contemnor
shall
keep
a
record
of
and
provide
the
following
information
to
the
court
at
the
court’s
request,
or
to
the
child
support
recovery
unit
established
pursuant
to
chapter
252B
services
created
in
section
252B.2
,
at
the
unit’s
request
of
child
support
services
,
when
the
unit
child
support
services
is
providing
enforcement
services
pursuant
to
chapter
252B
:
Sec.
1241.
Section
598.23A,
subsection
2,
paragraph
c,
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
(3)
The
court
order
under
this
paragraph
shall
be
vacated
only
after
verification
is
provided
to
the
court
that
the
contemnor
has
satisfied
all
accrued
obligations
owing
and
that
the
contemnor
has
satisfied
all
terms
established
by
the
court
and
when
the
person
entitled
to
receive
support
payments,
or
the
child
support
recovery
unit
services
when
the
unit
child
support
services
is
providing
enforcement
services
pursuant
to
chapter
252B
,
has
been
provided
ten
days’
notice
and
an
opportunity
to
object.
Sec.
1242.
Section
598.26,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Until
a
decree
of
dissolution
has
been
entered,
the
record
and
evidence
shall
be
closed
to
all
but
the
court,
its
officers,
and
the
child
support
recovery
unit
services
of
the
department
of
health
and
human
services
pursuant
to
section
252B.9
.
However,
the
payment
records
of
a
temporary
support
order
maintained
by
the
clerk
of
the
district
court
are
public
records
and
may
be
released
upon
request.
Payment
records
shall
not
include
address
or
location
information.
No
other
person
shall
permit
a
copy
of
any
of
the
testimony,
or
pleading,
or
the
substance
of
any
testimony
or
pleading,
to
be
made
available
to
any
person
other
than
a
party
to
the
action
or
a
party’s
attorney.
Nothing
in
this
subsection
shall
be
construed
to
prohibit
publication
of
the
original
notice
as
provided
by
the
rules
of
civil
procedure.
Sec.
1243.
Section
598.34,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
If
public
assistance
is
provided
by
the
department
of
health
and
human
services
to
or
on
behalf
of
a
dependent
child
Senate
File
514,
p.
748
or
a
dependent
child’s
caretaker,
there
is
an
assignment
by
operation
of
law
to
the
department
of
any
and
all
rights
in,
title
to,
and
interest
in
any
support
obligation,
payment,
and
arrearages
owed
to
or
for
the
child
or
caretaker
not
to
exceed
the
amount
of
public
assistance
paid
for
or
on
behalf
of
the
child
or
caretaker
as
follows:
Sec.
1244.
Section
598.34,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
clerk
shall
furnish
the
department
with
copies
of
all
orders
or
decrees
and
temporary
or
domestic
abuse
orders
addressing
support
when
the
parties
are
receiving
public
assistance
or
services
are
otherwise
provided
by
the
child
support
recovery
unit
services
pursuant
to
chapter
252B
.
Unless
otherwise
specified
in
the
order,
an
equal
and
proportionate
share
of
any
child
support
awarded
shall
be
presumed
to
be
payable
on
behalf
of
each
child
subject
to
the
order
or
judgment
for
purposes
of
an
assignment
under
this
section
.
Sec.
1245.
Section
600.2,
Code
2023,
is
amended
to
read
as
follows:
600.2
Definitions.
1.
“Child”
,
“parent”
,
“parent-child
relationship”
,
“termination
of
parental
rights”
,
“biological
parent”
,
“stepparent”
,
“guardian”
,
“custodian”
,
“guardian
ad
litem”
,
“minor”
,
“adoption
service
provider”
,
“certified
adoption
investigator”
,
“adult”
,
“agency”
,
“department”
,
“court”
,
and
“juvenile
court”
“Adoption
service
provider”
,
“adult”
,
“agency”
,
“biological
parent”
,
“certified
adoption
investigator”
,
“child”
,
“court”
,
“custodian”
,
“department”
,
“guardian”
,
“guardian
ad
litem”
,
“juvenile
court”
,
“minor”
,
“parent”
,
“parent-child
relationship”
,
“stepparent”
,
and
“termination
of
parental
rights”
mean
the
same
as
defined
in
section
600A.2
.
2.
“Investigator”
means
a
natural
person
who
is
certified
or
approved
by
the
department
of
human
services
,
after
inspection
by
the
department
of
inspections
and
appeals,
as
being
capable
of
conducting
an
investigation
under
section
600.8
.
Sec.
1246.
Section
600.7A,
Code
2023,
is
amended
to
read
as
follows:
600.7A
Adoption
services
provided
by
or
through
the
department
of
human
services
——
selection
of
adoptive
parent
Senate
File
514,
p.
749
criteria.
The
department
of
human
services
shall
adopt
rules
which
provide
that
if
adoption
services
are
provided
by
or
through
the
department,
notwithstanding
any
other
selection
of
adoptive
parent
criteria,
the
overriding
criterion
shall
be
a
preference
for
placing
a
child
in
a
stable
home
environment
as
expeditiously
as
possible.
Sec.
1247.
Section
600.8,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
If
the
person
making
the
investigation
does
not
approve
a
prospective
adoption
petitioner
under
paragraph
“a”
of
this
subsection
,
the
person
investigated
may
appeal
the
disapproval
as
a
contested
case
to
the
director
of
health
and
human
services.
Judicial
review
of
any
adverse
decision
by
the
director
may
be
sought
pursuant
to
chapter
17A
.
Sec.
1248.
Section
600.16A,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
Notwithstanding
subsection
2
,
a
termination
of
parental
rights
order
issued
pursuant
to
this
chapter
,
section
600A.9
,
or
any
other
chapter
shall
be
disclosed
to
the
child
support
recovery
unit
services
,
upon
request,
without
court
order.
Sec.
1249.
Section
600.16B,
Code
2023,
is
amended
to
read
as
follows:
600.16B
Fees.
The
supreme
court
shall
prescribe
and
the
department
of
human
services
shall
adopt
rules,
to
defray
the
actual
cost
of
the
provision
of
information
or
the
opening
of
records
pursuant
to
section
600.16
or
600.16A
.
Sec.
1250.
Section
600.17,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
of
human
services
shall,
within
the
limits
of
funds
appropriated
to
the
department
of
human
services
and
any
gifts
or
grants
received
by
the
department
for
this
purpose,
provide
financial
assistance
to
any
person
who
adopts
a
child
with
physical
or
mental
disabilities
or
an
older
or
otherwise
hard-to-place
child,
if
the
adoptive
parent
has
the
capability
of
providing
a
suitable
home
for
the
child
but
the
need
for
special
services
or
the
costs
of
maintenance
are
beyond
the
economic
resources
of
the
adoptive
parent.
Senate
File
514,
p.
750
Sec.
1251.
Section
600.17,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
department
of
human
services
shall
make
adoption
presubsidy
and
adoption
subsidy
payments
to
adoptive
parents
at
the
beginning
of
the
month
for
the
current
month.
Sec.
1252.
Section
600.18,
Code
2023,
is
amended
to
read
as
follows:
600.18
Determination
of
assistance.
1.
Any
prospective
adoptive
parent
desiring
financial
assistance
shall
state
this
fact
in
the
petition
for
adoption.
The
department
of
human
services
shall
investigate
the
person
petitioning
for
adoption
and
the
child
and
shall
file
with
the
juvenile
court
or
court
a
statement
of
whether
the
department
will
provide
assistance
as
provided
in
section
600.17
,
this
section
,
and
sections
600.19
through
600.22
,
the
estimated
amount,
extent,
and
duration
of
assistance,
and
any
other
information
the
juvenile
court
or
court
may
order.
2.
If
the
department
of
human
services
is
unable
to
determine
that
an
insurance
policy
will
cover
the
costs
of
special
services,
it
shall
proceed
as
if
no
policy
existed,
for
the
purpose
of
determining
eligibility
to
receive
assistance.
The
department
shall,
to
the
amount
of
financial
assistance
given,
be
subrogated
to
the
rights
of
the
adoptive
parent
in
the
insurance
contract.
Sec.
1253.
Section
600.22,
Code
2023,
is
amended
to
read
as
follows:
600.22
Rules.
The
department
of
human
services
shall
adopt
rules
in
accordance
with
the
provisions
of
chapter
17A
,
which
are
necessary
for
the
administration
of
sections
600.17
through
600.21
and
600.23
.
Sec.
1254.
Section
600.23,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Purpose.
The
department
of
human
services
may
enter
into
interstate
agreements
with
state
agencies
of
other
states
for
the
protection
of
children
on
behalf
of
whom
adoption
subsidy
is
being
provided
by
the
department
of
human
services
and
to
provide
procedures
for
interstate
children’s
adoption
assistance
payments,
including
medical
payments.
Senate
File
514,
p.
751
Sec.
1255.
Section
600.23,
subsection
2,
paragraphs
a
and
b,
Code
2023,
are
amended
to
read
as
follows:
a.
The
Iowa
department
of
human
services
may
enter
into
interstate
agreements
with
state
agencies
of
other
states
for
the
provision
of
medical
services
to
adoptive
families
who
participate
in
the
subsidized
adoption
or
adoption
assistance
program.
b.
The
Iowa
department
of
human
services
may
develop,
participate
in
the
development
of,
negotiate,
and
enter
into
one
or
more
interstate
compacts
on
behalf
of
this
state
with
other
states
to
implement
one
or
more
of
the
purposes
set
forth
in
this
section
.
When
so
entered
into,
and
for
so
long
as
it
shall
remain
in
force,
such
a
compact
shall
have
the
force
and
effect
of
law.
Sec.
1256.
Section
600.23,
subsection
4,
paragraphs
a,
b,
and
c,
Code
2023,
are
amended
to
read
as
follows:
a.
A
child
with
special
needs
residing
in
this
state
who
is
the
subject
of
an
adoption
assistance
agreement
with
another
state
shall
be
entitled
to
receive
a
medical
assistance
card
from
this
state
upon
the
filing
of
a
certified
copy
of
the
adoption
assistance
agreement
obtained
from
the
adoption
assistance
state.
In
accordance
with
regulations
of
the
Iowa
department
of
human
services
,
the
adoptive
parents
shall
be
required
at
least
annually
to
show
that
the
agreement
is
still
in
force
or
has
been
renewed.
b.
The
Iowa
department
of
human
services
shall
consider
the
holder
of
a
medical
assistance
card
pursuant
to
this
section
as
any
other
holder
of
a
medical
assistance
card
under
the
laws
of
this
state
and
shall
process
and
make
payment
on
claims
on
account
of
such
holder
in
the
same
manner
and
pursuant
to
the
same
conditions
and
procedures
as
for
other
recipients
of
medical
assistance.
c.
The
Iowa
department
of
human
services
shall
provide
coverage
and
benefits
for
a
child
who
is
in
another
state
and
who
is
covered
by
an
adoption
subsidy
agreement
made
prior
to
July
1,
1987
,
by
the
Iowa
department
of
human
services
for
the
coverage
or
benefits,
if
any,
not
provided
by
the
residence
state.
The
adoptive
parents
acting
for
the
child
may
submit
evidence
of
payment
for
services
or
benefit
amounts
not
payable
Senate
File
514,
p.
752
in
the
residence
state
and
shall
be
reimbursed
for
such
expense.
However,
reimbursement
shall
not
be
made
for
services
or
benefit
amounts
covered
under
any
insurance
or
other
third
party
medical
contract
or
arrangement
held
by
the
child
or
the
adoptive
parents.
The
additional
coverages
and
benefit
amounts
provided
pursuant
to
this
subsection
shall
be
for
services
to
the
cost
of
which
there
is
no
federal
contribution,
or
which,
if
federally
aided,
are
not
provided
by
the
residence
state.
Such
regulations
shall
include
procedures
to
be
followed
in
obtaining
prior
approvals
for
services
in
those
instances
where
required
for
the
assistance.
Sec.
1257.
Section
600A.2,
subsections
5
and
9,
Code
2023,
are
amended
to
read
as
follows:
5.
“Certified
adoption
investigator”
means
a
person
who
is
certified
and
approved
by
the
department
of
human
services
,
after
inspection
by
the
department
of
inspections
and
appeals,
as
being
capable
of
conducting
an
investigation
under
section
600.8
.
9.
“Department”
means
the
state
department
of
health
and
human
services
or
its
subdivisions
.
Sec.
1258.
Section
600A.4,
subsection
2,
paragraph
d,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
If
accepted,
the
counseling
shall
be
provided
after
the
birth
of
the
child
and
prior
to
the
signing
of
a
release
of
custody
or
the
filing
of
a
petition
for
termination
of
parental
rights
as
applicable.
Counseling
shall
be
provided
only
by
a
person
who
is
qualified
under
rules
adopted
by
the
department
of
human
services
which
shall
include
a
requirement
that
the
person
complete
a
minimum
number
of
hours
of
training
in
the
area
of
adoption-related
counseling
approved
by
the
department.
If
counseling
is
accepted,
the
counselor
shall
provide
an
affidavit,
which
shall
be
attached
to
the
release
of
custody,
when
practicable,
certifying
that
the
counselor
has
provided
the
biological
parent
with
the
requested
counseling
and
documentation
that
the
person
is
qualified
to
provide
the
requested
counseling
as
prescribed
by
this
paragraph
“d”
.
The
requirements
of
this
paragraph
“d”
do
not
apply
to
a
release
of
custody
which
is
executed
for
the
purposes
of
a
stepparent
adoption.
Senate
File
514,
p.
753
Sec.
1259.
Section
600A.8,
subsection
8,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
parent
has
been
determined
to
be
a
person
with
a
substance-related
substance
use
disorder
as
defined
in
section
125.2
and
the
parent
has
committed
a
second
or
subsequent
domestic
abuse
assault
pursuant
to
section
708.2A
.
Sec.
1260.
Section
600B.38,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
If
public
assistance
is
provided
by
the
department
of
health
and
human
services
to
or
on
behalf
of
a
dependent
child
or
a
dependent
child’s
caretaker,
there
is
an
assignment
by
operation
of
law
to
the
department
of
any
and
all
rights
in,
title
to,
and
interest
in
any
support
obligation,
payment,
and
arrearages
owed
to
or
on
behalf
of
the
child
or
caretaker,
not
to
exceed
the
amount
of
public
assistance
paid
for
or
on
behalf
of
the
child
or
caretaker
as
follows:
a.
For
family
investment
program
assistance,
section
239B.6
shall
apply.
b.
For
foster
care
services,
section
234.39
shall
apply.
c.
For
medical
assistance,
section
252E.11
shall
apply.
3.
The
clerk
shall
furnish
the
department
with
copies
of
all
orders
or
decrees
and
temporary
or
domestic
abuse
orders
addressing
support
when
the
parties
are
receiving
public
assistance
or
services
are
otherwise
provided
by
the
child
support
recovery
unit
services
.
Unless
otherwise
specified
in
the
order,
an
equal
and
proportionate
share
of
any
child
support
awarded
shall
be
presumed
to
be
payable
on
behalf
of
each
child
subject
to
the
order
or
judgment
for
purposes
of
an
assignment
under
this
section
.
Sec.
1261.
Section
600B.41A,
subsection
3,
paragraph
c,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
If
enforcement
services
are
being
provided
by
the
child
support
recovery
unit
services
pursuant
to
chapter
252B
,
notice
shall
also
be
served
on
the
child
support
recovery
unit
services
.
Sec.
1262.
Section
600B.41A,
subsection
11,
Code
2023,
is
amended
to
read
as
follows:
11.
Participation
of
the
child
support
recovery
unit
services
created
in
section
252B.2
in
an
action
brought
under
Senate
File
514,
p.
754
this
section
shall
be
limited
as
follows:
a.
The
unit
Child
support
services
shall
only
participate
in
actions
if
services
are
being
provided
by
the
unit
child
support
services
pursuant
to
chapter
252B
.
b.
When
services
are
being
provided
by
the
unit
child
support
services
under
chapter
252B
,
the
unit
child
support
services
may
enter
an
administrative
order
for
blood
and
genetic
tests
pursuant
to
chapter
252F
.
c.
The
unit
Child
support
services
is
not
responsible
for
or
required
to
provide
for
or
assist
in
obtaining
blood
or
genetic
tests
in
any
case
in
which
services
are
not
being
provided
by
the
unit
child
support
services
.
d.
The
unit
Child
support
services
is
not
responsible
for
the
costs
of
blood
or
genetic
testing
conducted
pursuant
to
an
action
brought
under
this
section
.
e.
Pursuant
to
section
252B.7,
subsection
4
,
an
attorney
employed
by
the
unit
child
support
services
represents
the
state
in
any
action
under
this
section
.
The
unit’s
Child
support
services’
attorney
is
not
the
legal
representative
of
the
mother,
the
established
father,
or
the
child
in
any
action
brought
under
this
section
.
Sec.
1263.
Section
600C.1,
subsection
3,
paragraph
c,
subparagraph
(2),
subparagraph
division
(f),
Code
2023,
is
amended
to
read
as
follows:
(f)
Drug
abuse
Substance
use
disorder
.
Sec.
1264.
Section
602.4201,
subsection
3,
paragraph
h,
Code
2023,
is
amended
to
read
as
follows:
h.
Involuntary
commitment
or
treatment
of
persons
with
substance-related
disorders
a
substance
use
disorder
.
Sec.
1265.
Section
602.6111,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Any
party,
except
the
child
support
recovery
unit
services
,
filing
a
petition,
complaint,
answer,
appearance,
first
motion,
or
any
document
with
the
clerk
of
the
district
court
to
establish
or
modify
an
order
for
child
support
under
chapter
236
,
252A
,
252K
,
598
,
or
600B
shall
provide
the
clerk
of
the
district
court
with
the
date
of
birth
and
social
security
number
of
the
child.
Sec.
1266.
Section
602.6405,
subsection
2,
paragraph
b,
Code
Senate
File
514,
p.
755
2023,
is
amended
to
read
as
follows:
b.
Magistrates
shall
forward
copies
of
citations
issued
for
violations
of
section
453A.2,
subsection
2
,
and
of
their
dispositions
to
the
clerk
of
the
district
court.
The
clerk
of
the
district
court
shall
maintain
records
of
citations
issued
and
the
dispositions
of
citations,
and
shall
forward
a
copy
of
the
records
to
the
Iowa
department
of
public
health
and
human
services
.
Sec.
1267.
Section
602.8102,
subsections
33,
43,
and
47,
Code
2023,
are
amended
to
read
as
follows:
33.
Furnish
to
the
Iowa
department
of
public
health
and
human
services
a
certified
copy
of
a
judgment
relating
to
the
suspension
or
revocation
of
a
professional
license.
43.
Submit
to
the
director
of
the
division
of
child
and
family
services
of
the
department
of
health
and
human
services
a
duplicate
of
the
findings
of
the
court
related
to
adoptions
as
provided
in
section
235.3,
subsection
7
.
47.
Record
support
payments
made
pursuant
to
an
order
entered
under
chapter
252A
,
252F
,
598
,
or
600B
,
or
under
a
comparable
statute
of
another
state
or
foreign
country
as
defined
in
chapter
252K
,
and
through
setoff
of
a
state
or
federal
income
tax
refund
or
rebate,
as
if
the
payments
were
received
and
disbursed
by
the
clerk;
forward
support
payments
received
under
section
252A.6
to
the
department
of
health
and
human
services
and
furnish
copies
of
orders
and
decrees
awarding
support
to
parties
receiving
welfare
public
assistance
as
provided
in
section
252A.13
.
Sec.
1268.
Section
602.8103,
subsection
4,
paragraph
j,
Code
2023,
is
amended
to
read
as
follows:
j.
Court
reporters’
notes
and
certified
transcripts
of
those
notes
in
mental
health
hearings
under
section
229.12
and
substance
abuse
use
disorder
hearings
under
section
125.82
,
ninety
days
after
the
respondent
has
been
discharged
from
involuntary
custody.
Sec.
1269.
Section
613.17,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
A
person
or
entity
that
owns,
manages,
or
is
otherwise
responsible
for
the
premises
on
which
an
automated
external
defibrillator
is
located
if
the
person
or
entity
maintains
the
Senate
File
514,
p.
756
automated
external
defibrillator
in
a
condition
for
immediate
and
effective
use
at
all
times,
subject
to
standards
developed
by
the
department
of
public
health
and
human
services
by
rule.
Sec.
1270.
Section
622.10,
subsection
6,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
fee
charged
for
the
cost
of
producing
the
requested
records
or
images
shall
be
based
upon
the
actual
cost
of
production.
If
the
written
request
and
accompanying
patient’s
waiver,
if
required,
authorizes
the
release
of
all
of
the
patient’s
records
for
the
requested
time
period,
including
records
relating
to
the
patient’s
mental
health,
substance
abuse
use
disorder
,
and
acquired
immune
deficiency
syndrome-related
conditions,
the
amount
charged
shall
not
exceed
the
rates
established
by
the
workers’
compensation
commissioner
for
copies
of
records
in
workers’
compensation
cases.
If
requested,
the
provider
shall
include
an
affidavit
certifying
that
the
records
or
images
produced
are
true
and
accurate
copies
of
the
originals
for
an
additional
fee
not
to
exceed
ten
dollars.
Sec.
1271.
Section
622A.7,
Code
2023,
is
amended
to
read
as
follows:
622A.7
Rules.
The
supreme
court,
after
consultation
with
the
department
of
health
and
human
rights
services
and
other
appropriate
departments,
shall
adopt
rules
governing
the
qualifications
and
compensation
of
interpreters
or
translators
appearing
in
legal
proceedings
under
this
chapter
.
However,
an
administrative
agency
which
is
subject
to
chapter
17A
may
adopt
rules
differing
from
those
of
the
supreme
court
governing
the
qualifications
and
compensation
of
interpreters
or
translators
appearing
in
proceedings
before
that
agency.
Sec.
1272.
Section
622B.1,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
supreme
court,
after
consultation
with
the
department
of
health
and
human
rights
services
,
shall
adopt
rules
governing
the
qualifications
and
compensation
of
sign
language
interpreters
appearing
in
a
legal
proceeding
or
before
an
administrative
agency
under
this
chapter
.
However,
an
administrative
agency
which
is
subject
to
chapter
17A
may
adopt
Senate
File
514,
p.
757
rules
differing
from
those
of
the
supreme
court
governing
the
qualifications
and
compensation
of
sign
language
interpreters
appearing
in
proceedings
before
that
agency.
Sec.
1273.
Section
622B.4,
Code
2023,
is
amended
to
read
as
follows:
622B.4
List.
The
office
of
deaf
services
of
the
department
of
health
and
human
rights
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
rights
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.
1274.
Section
626.29,
Code
2023,
is
amended
to
read
as
follows:
626.29
Distress
warrant
by
director
of
revenue,
director
of
inspections
and
appeals,
or
director
of
workforce
development.
In
the
service
of
a
distress
warrant
issued
by
the
director
of
revenue
for
the
collection
of
taxes
administered
by
or
debts
to
be
collected
by
the
department
of
revenue,
in
the
service
of
a
distress
warrant
issued
by
the
director
of
inspections
and
appeals
for
the
collection
of
overpayment
debts
owed
to
the
department
of
health
and
human
services,
or
in
the
service
of
a
distress
warrant
issued
by
the
director
of
the
department
of
workforce
development
for
the
collection
of
employment
security
contributions,
the
property
of
the
taxpayer
or
the
employer
in
the
possession
of
another,
or
debts
due
the
taxpayer
or
the
employer,
may
be
reached
by
garnishment.
Sec.
1275.
Section
633.231,
Code
2023,
is
amended
to
read
as
follows:
633.231
Notice
in
intestate
estates
——
medical
assistance
claims.
1.
Upon
opening
administration
of
an
intestate
estate,
the
administrator
shall,
in
accordance
with
section
633.410
,
provide
by
electronic
transmission
on
a
form
approved
by
the
Senate
File
514,
p.
758
department
of
health
and
human
services
to
the
entity
designated
by
the
department
of
health
and
human
services,
a
notice
of
opening
administration
of
the
estate
and
of
the
appointment
of
the
administrator,
which
shall
include
a
notice
to
file
claims
with
the
clerk
or
to
provide
electronic
notification
to
the
administrator
that
the
department
has
no
claim
within
six
months
from
the
date
of
sending
this
notice,
or
thereafter
be
forever
barred.
2.
The
notice
shall
be
in
substantially
the
following
form:
In
the
District
Court
of
Iowa
in
and
for
.....
County.
In
the
Estate
of
Probate
No.
....
.....
,
Deceased
NOTICE
OF
OPENING
ADMINISTRATION
OF
ESTATE,
OF
APPOINTMENT
OF
ADMINISTRATOR,
AND
NOTICE
TO
CREDITOR
To
the
Department
of
Health
and
Human
Services
Who
May
Be
Interested
in
the
Estate
of
.....
,
Deceased,
who
died
on
or
about
......
(date):
You
are
hereby
notified
that
on
the
..
day
of
...
(month),
...
(year),
an
intestate
estate
was
opened
in
the
above-named
court
and
that
.....
was
appointed
administrator
of
the
estate.
You
are
further
notified
that
the
birthdate
of
the
deceased
is
...
and
the
deceased’s
social
security
number
is
...-...-....
The
name
of
the
spouse
is
........
.
The
birthdate
of
the
spouse
is
...
and
the
spouse’s
social
security
number
is
...-...-....,
and
that
the
spouse
of
the
deceased
is
alive
as
of
the
date
of
this
notice,
or
deceased
as
of
......
(date).
You
are
further
notified
that
the
deceased
was/was
not
a
disabled
or
a
blind
child
of
the
medical
assistance
recipient
by
the
name
of
.....
,
who
had
a
birthdate
of
...
and
a
social
security
number
of
...-...-....,
and
the
medical
assistance
debt
of
that
medical
assistance
recipient
was
waived
pursuant
to
section
249A.53,
subsection
2
,
paragraph
“a”
,
subparagraph
(1),
and
is
now
collectible
from
this
estate
pursuant
to
section
249A.53,
subsection
2
,
paragraph
“b”
.
Notice
is
hereby
given
that
if
the
department
of
health
and
Senate
File
514,
p.
759
human
services
has
a
claim
against
the
estate
for
the
deceased
person
or
persons
named
in
this
notice,
the
claim
shall
be
filed
with
the
clerk
of
the
above-named
district
court,
as
provided
by
law,
duly
authenticated,
for
allowance,
within
six
months
from
the
date
of
sending
this
notice
and,
unless
otherwise
allowed
or
paid,
the
claim
is
thereafter
forever
barred.
If
the
department
does
not
have
a
claim,
the
department
shall
return
the
notice
to
the
administrator
with
notification
stating
the
department
does
not
have
a
claim
within
six
months
from
the
date
of
sending
this
notice.
Dated
this
..
day
of
...
(month),
...
(year)
....................
Administrator
of
the
estate
....................
Address
....................
Attorney
for
the
administrator
....................
Address
Sec.
1276.
Section
633.304A,
Code
2023,
is
amended
to
read
as
follows:
633.304A
Notice
of
probate
of
will
——
medical
assistance
claims.
1.
On
admission
of
a
will
to
probate,
the
executor
shall,
in
accordance
with
section
633.410
,
provide
by
electronic
transmission
on
a
form
approved
by
the
department
of
health
and
human
services
to
the
entity
designated
by
the
department
of
health
and
human
services,
a
notice
of
admission
of
the
will
to
probate
and
of
the
appointment
of
the
executor,
which
shall
include
a
notice
to
file
claims
with
the
clerk
or
to
provide
electronic
notification
to
the
executor
that
the
department
has
no
claim
within
six
months
of
sending
this
notice,
or
thereafter
be
forever
barred.
2.
The
notice
shall
be
in
substantially
the
following
form:
In
the
District
Court
of
Iowa
in
and
for
.....
County.
Probate
No.
....
In
the
Estate
of
NOTICE
OF
PROBATE
OF
WILL,
.....
,
Deceased
OF
APPOINTMENT
OF
Senate
File
514,
p.
760
EXECUTOR,
AND
NOTICE
TO
CREDITORS
To
the
Department
of
Health
and
Human
Services,
Who
May
Be
Interested
in
the
Estate
of
.....
,
Deceased,
who
died
on
or
about
......
(date):
You
are
hereby
notified
that
on
the
..
day
of
...
(month),
...
(year),
the
last
will
and
testament
of
......
,
deceased,
bearing
date
of
the
..
day
of
...
(month),
...
(year)
was
admitted
to
probate
in
the
above-named
court
and
that
......
was
appointed
executor
of
the
estate.
You
are
further
notified
that
the
birthdate
of
the
deceased
is
...
and
the
deceased’s
social
security
number
is
...-...-....
The
name
of
the
spouse
is
......
The
birthdate
of
the
spouse
is
...
and
the
spouse’s
social
security
number
is
...-...-....,
and
that
the
spouse
of
the
deceased
is
alive
as
of
the
date
of
this
notice,
or
deceased
as
of
.....
(date).
You
are
further
notified
that
the
deceased
was/was
not
a
disabled
or
a
blind
child
of
the
medical
assistance
recipient
by
the
name
of
......
,
who
had
a
birthdate
of
....
and
a
social
security
number
of
...-...-....,
and
the
medical
assistance
debt
of
that
medical
assistance
recipient
was
waived
pursuant
to
section
249A.53,
subsection
2
,
paragraph
“a”
,
subparagraph
(1),
and
is
now
collectible
from
this
estate
pursuant
to
section
249A.53,
subsection
2
,
paragraph
“b”
.
Notice
is
hereby
given
that
if
the
department
of
health
and
human
services
has
a
claim
against
the
estate
for
the
deceased
person
or
persons
named
in
this
notice,
the
claim
shall
be
filed
with
the
clerk
of
the
above-named
district
court,
as
provided
by
law,
duly
authenticated,
for
allowance
within
six
months
from
the
date
of
sending
this
notice
and,
unless
otherwise
allowed
or
paid,
the
claim
is
thereafter
forever
barred.
If
the
department
does
not
have
a
claim,
the
department
shall
return
the
notice
to
the
executor
with
notification
that
the
department
does
not
have
a
claim
within
six
months
from
the
date
of
sending
this
notice.
Dated
this
..
day
of
...
(month),
...
(year)
......
Executor
of
estate
........
Address
Senate
File
514,
p.
761
......
Attorney
for
executor
........
Address
Sec.
1277.
Section
633.336,
Code
2023,
is
amended
to
read
as
follows:
633.336
Damages
for
wrongful
death.
When
a
wrongful
act
produces
death,
damages
recovered
as
a
result
of
the
wrongful
act
shall
be
disposed
of
as
personal
property
belonging
to
the
estate
of
the
deceased;
however,
if
the
damages
include
damages
for
loss
of
services
and
support
of
a
deceased
spouse,
parent,
or
child,
the
damages
shall
be
apportioned
by
the
court
among
the
surviving
spouse,
children,
and
parents
of
the
decedent
in
a
manner
as
the
court
may
deem
equitable
consistent
with
the
loss
of
services
and
support
sustained
by
the
surviving
spouse,
children,
and
parents
respectively.
Any
recovery
by
a
parent
for
the
death
of
a
child
shall
be
subordinate
to
the
recovery,
if
any,
of
the
spouse
or
a
child
of
the
decedent.
If
the
decedent
leaves
a
spouse,
child,
or
parent,
damages
for
wrongful
death
shall
not
be
subject
to
debts
and
charges
of
the
decedent’s
estate,
except
for
amounts
to
be
paid
to
the
department
of
health
and
human
services
for
payments
made
for
medical
assistance
pursuant
to
chapter
249A
,
paid
on
behalf
of
the
decedent
from
the
time
of
the
injury
which
gives
rise
to
the
decedent’s
death
up
until
the
date
of
the
decedent’s
death.
Sec.
1278.
Section
633.356,
subsection
3,
paragraph
a,
subparagraph
(9),
Code
2023,
is
amended
to
read
as
follows:
(9)
That
no
debt
is
owed
to
the
department
of
health
and
human
services
for
reimbursement
of
Medicaid
benefits;
or
if
debt
is
owed,
that
the
debt
will
be
paid
to
the
extent
of
funds
received
pursuant
to
the
affidavit.
Sec.
1279.
Section
633.356,
subsection
8,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
When
the
department
of
health
and
human
services
is
entitled
to
money
or
property
of
a
decedent
pursuant
to
section
249A.53,
subsection
2
,
and
no
affidavit
has
been
presented
by
a
successor
as
defined
in
subsection
2
,
paragraph
“a”
or
“b”
,
within
ninety
days
of
the
date
of
the
decedent’s
death,
the
Senate
File
514,
p.
762
funds
in
the
account
or
other
property,
up
to
the
amount
of
the
claim
of
the
department,
shall
be
paid
to
the
department
upon
presentation
by
the
department
or
an
entity
designated
by
the
department
of
an
affidavit
to
the
holder
of
the
decedent’s
property.
Such
affidavit
shall
include
the
information
specified
in
subsection
3
,
except
that
the
department
may
submit
proof
of
payment
of
funeral
expenses
as
verification
of
the
decedent’s
death
instead
of
a
certified
copy
of
the
decedent’s
death
certificate.
The
amount
of
the
department’s
claim
shall
also
be
included
in
the
affidavit,
which
shall
entitle
the
department
to
receive
the
funds
as
a
successor.
The
department
shall
issue
a
refund
within
sixty
days
to
any
claimant
with
a
superior
priority
pursuant
to
section
633.425
,
if
notice
of
such
claim
is
given
to
the
department,
or
to
the
entity
designated
by
the
department
to
receive
notice,
within
one
year
of
the
department’s
receipt
of
funds.
This
paragraph
shall
apply
to
funds
or
property
of
the
decedent
transferred
to
the
custody
of
the
treasurer
of
state
as
unclaimed
property
pursuant
to
chapter
556
.
Sec.
1280.
Section
633.410,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Notwithstanding
subsection
1
,
claims
for
debts
created
under
section
249A.53,
subsection
2
,
relating
to
the
recovery
of
medical
assistance
payments
shall
be
barred
under
this
section
unless
filed
with
the
clerk
within
six
months
after
sending
notice
by
electronic
transmission,
on
the
form
prescribed
in
section
633.231
for
intestate
estates
or
on
the
form
prescribed
in
section
633.304A
for
testate
estates,
to
the
entity
designated
by
the
department
of
health
and
human
services
to
receive
notice.
Sec.
1281.
Section
633.564,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
judicial
branch,
in
conjunction
with
the
department
of
public
safety,
the
department
of
health
and
human
services,
and
the
state
chief
information
officer,
shall
establish
procedures
for
electronic
access
to
the
single
contact
repository
established
pursuant
to
section
135C.33
necessary
to
conduct
background
checks
requested
under
subsection
1
.
Sec.
1282.
Section
633.641,
subsection
4,
Code
2023,
is
Senate
File
514,
p.
763
amended
to
read
as
follows:
4.
The
conservator
shall
report
to
the
department
of
health
and
human
services
the
protected
person’s
assets
and
income,
if
the
protected
person
is
receiving
medical
assistance
under
chapter
249A
.
Such
reports
shall
be
made
upon
establishment
of
a
conservatorship
for
an
individual
applying
for
or
receiving
medical
assistance,
upon
application
for
benefits
on
behalf
of
the
protected
person,
upon
annual
or
semiannual
review
of
continued
medical
assistance
eligibility,
when
any
significant
change
in
the
protected
person’s
assets
or
income
occurs,
or
as
otherwise
requested
by
the
department
of
health
and
human
services.
Written
reports
shall
be
provided
to
the
department
of
health
and
human
services
office
for
the
county
in
which
the
protected
person
resides
or
the
office
in
which
the
protected
person’s
medical
assistance
is
administered.
Sec.
1283.
Section
633B.120,
subsection
2,
paragraph
f,
Code
2023,
is
amended
to
read
as
follows:
f.
The
person
makes,
or
has
actual
knowledge
that
another
person
has
made,
a
report
to
the
department
of
health
and
human
services
stating
a
good-faith
belief
that
the
principal
may
be
subject
to
physical
or
financial
abuse,
neglect,
exploitation,
or
abandonment
by
the
agent
or
a
person
acting
for
or
with
the
agent.
Sec.
1284.
Section
633C.1,
Code
2023,
is
amended
to
read
as
follows:
633C.1
Definitions.
For
purposes
of
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Available
monthly
income”
means
in
reference
to
a
medical
assistance
income
trust
beneficiary,
any
income
received
directly
by
the
beneficiary,
not
from
the
trust,
that
counts
as
income
in
determining
eligibility
for
medical
assistance
and
any
amounts
paid
to
or
otherwise
made
available
to
the
beneficiary
by
the
trustee
pursuant
to
section
633C.3,
subsection
1
,
paragraph
“b”
,
or
section
633C.3,
subsection
2
,
paragraph
“b”
.
2.
“Beneficiary”
means
the
original
beneficiary
of
a
medical
assistance
special
needs
trust
or
medical
assistance
income
trust,
whose
assets
funded
the
trust.
Senate
File
514,
p.
764
3.
“Department”
means
the
department
of
health
and
human
services.
3.
4.
“Institutionalized
individual”
means
an
individual
receiving
nursing
facility
services,
a
level
of
care
in
any
institution
equivalent
to
nursing
facility
services,
or
home
and
community-based
services
under
the
medical
assistance
home
and
community-based
services
waiver
program.
4.
5.
“Maximum
monthly
medical
assistance
payment
rate
for
services
in
an
intermediate
care
facility
for
persons
with
an
intellectual
disability”
means
the
allowable
rate
established
by
the
department
of
human
services
and
as
published
in
the
Iowa
administrative
bulletin.
5.
6.
“Medical
assistance”
means
medical
assistance
as
defined
in
section
249A.2
.
6.
7.
“Medical
assistance
income
trust”
means
a
trust
or
similar
legal
instrument
or
device
that
meets
the
criteria
of
42
U.S.C.
§1396p(d)(4)(B)(i)-(ii).
7.
8.
“Medical
assistance
special
needs
trust”
means
a
trust
or
similar
legal
instrument
or
device
that
meets
the
criteria
of
42
U.S.C.
§1396p(d)(4)(A)
or
(C).
8.
9.
“Statewide
average
charge
for
state
mental
health
institute
care”
means
the
statewide
average
charge
for
such
care
as
calculated
by
the
department
of
human
services
and
as
published
in
the
Iowa
administrative
bulletin.
9.
10.
“Statewide
average
charge
for
nursing
facility
services”
means
the
statewide
average
charge
for
such
care,
excluding
charges
by
Medicare-certified,
skilled
nursing
facilities,
as
calculated
by
the
department
of
human
services
and
as
published
in
the
Iowa
administrative
bulletin.
10.
11.
“Statewide
average
charge
to
private-pay
patients
for
psychiatric
medical
institutions
for
children
care”
means
the
statewide
average
charge
for
such
care
as
calculated
by
the
department
of
human
services
and
as
published
in
the
Iowa
administrative
bulletin.
11.
12.
“Total
monthly
income”
means
in
reference
to
a
medical
assistance
income
trust
beneficiary,
income
received
directly
by
the
beneficiary,
not
from
the
trust,
that
counts
as
income
in
determining
eligibility
for
medical
assistance,
income
of
the
beneficiary
received
by
the
trust
that
would
Senate
File
514,
p.
765
otherwise
count
as
income
in
determining
the
beneficiary’s
eligibility
for
medical
assistance,
and
income
or
earnings
of
the
trust
received
by
the
trust.
Sec.
1285.
Section
633C.5,
Code
2023,
is
amended
to
read
as
follows:
633C.5
Cooperation.
1.
The
department
of
human
services
shall
cooperate
with
the
trustee
of
a
medical
assistance
special
needs
trust
or
a
medical
assistance
income
trust
in
determining
the
appropriate
disposition
of
the
trust
under
sections
633C.2
and
633C.3
.
2.
The
trustee
of
a
medical
assistance
special
needs
trust
or
medical
assistance
income
trust
shall
cooperate
with
the
department
of
human
services
in
supplying
information
regarding
a
trust
established
under
this
chapter
.
Sec.
1286.
Section
642.2,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Notwithstanding
subsections
2,
3,
6,
and
7
,
any
moneys
owed
to
the
child
support
obligor
by
the
state,
with
the
exception
of
unclaimed
property
held
by
the
treasurer
of
state
pursuant
to
chapter
556
,
and
payments
owed
to
the
child
support
obligor
through
the
Iowa
public
employees’
retirement
system
are
subject
to
garnishment,
attachment,
execution,
or
assignment
by
the
child
support
recovery
unit
services
if
the
child
support
recovery
unit
services
is
providing
enforcement
services
pursuant
to
chapter
252B
.
Any
moneys
that
are
determined
payable
by
the
treasurer
pursuant
to
section
556.20,
subsection
2
,
to
the
child
support
obligor
shall
be
subject
to
setoff
pursuant
to
section
8A.504
,
notwithstanding
any
administrative
rule
pertaining
to
the
child
support
recovery
unit
services
limiting
the
amount
of
the
offset.
Sec.
1287.
Section
669.2,
subsection
4,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
“Employee
of
the
state”
includes
any
one
or
more
officers,
agents,
or
employees
of
the
state
or
any
state
agency,
including
members
of
the
general
assembly,
and
persons
acting
on
behalf
of
the
state
or
any
state
agency
in
any
official
capacity,
temporarily
or
permanently
in
the
service
of
the
state
of
Iowa,
whether
with
or
without
compensation,
but
does
not
include
a
contractor
doing
business
with
the
state.
Senate
File
514,
p.
766
Professional
personnel,
including
physicians,
osteopathic
physicians
and
surgeons,
osteopathic
physicians,
optometrists,
dentists,
nurses,
physician
assistants,
and
other
medical
personnel,
who
render
services
to
patients
or
inmates
of
state
institutions
under
the
jurisdiction
of
the
department
of
health
and
human
services
or
the
Iowa
department
of
corrections,
and
employees
of
the
department
of
veterans
affairs,
are
to
be
considered
employees
of
the
state,
whether
the
personnel
are
employed
on
a
full-time
basis
or
render
services
on
a
part-time
basis
on
a
fee
schedule
or
other
arrangement.
Criminal
defendants
while
performing
unpaid
community
service
ordered
by
the
district
court,
board
of
parole,
or
judicial
district
department
of
correctional
services,
or
an
inmate
providing
services
pursuant
to
a
chapter
28E
agreement
entered
into
pursuant
to
section
904.703
,
and
persons
supervising
those
inmates
under
and
according
to
the
terms
of
the
chapter
28E
agreement,
are
to
be
considered
employees
of
the
state.
Members
of
the
Iowa
national
guard
performing
duties
in
a
requesting
state
pursuant
to
section
29C.21
are
to
be
considered
employees
of
the
state
solely
for
the
purpose
of
claims
arising
out
of
those
duties
in
the
event
that
the
requesting
state’s
tort
claims
coverage
does
not
extend
to
such
members
of
the
Iowa
national
guard
or
is
less
than
that
provided
under
Iowa
law.
Sec.
1288.
Section
674.3,
Code
2023,
is
amended
to
read
as
follows:
674.3
Petition
copy.
A
copy
of
the
petition
shall
be
filed
by
the
clerk
of
court
with
the
division
for
records
and
state
registrar
of
vital
statistics
of
the
Iowa
department
of
public
health
and
human
services
.
Sec.
1289.
Section
674.7,
Code
2023,
is
amended
to
read
as
follows:
674.7
Copy
to
Iowa
department
of
public
health
and
human
services
.
When
the
court
grants
a
decree
of
change
of
name,
the
clerk
of
the
court
shall
furnish
the
petitioner
with
a
certified
copy
of
the
decree
and
mail
an
abstract
of
a
decree
requiring
a
name
change
to
be
reflected
on
a
birth
certificate
to
the
state
registrar
of
vital
statistics
of
the
Iowa
department
of
Senate
File
514,
p.
767
public
health
and
human
services
on
a
form
provided
by
the
state
registrar.
Sec.
1290.
Section
686D.2,
subsection
11,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
Any
state
agency,
including
the
department
of
public
health
and
human
services
.
Sec.
1291.
Section
691.5,
Code
2023,
is
amended
to
read
as
follows:
691.5
State
medical
examiner.
The
office
and
position
of
state
medical
examiner
is
established
for
administrative
purposes
within
the
Iowa
department
of
public
health
and
human
services
.
Other
state
agencies
shall
cooperate
with
the
state
medical
examiner
in
the
use
of
state-owned
facilities
when
appropriate
for
the
performance
of
nonadministrative
duties
of
the
state
medical
examiner.
The
state
medical
examiner
shall
be
a
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
be
licensed
to
practice
medicine
in
the
state
of
Iowa,
and
be
board
certified
or
eligible
to
be
board
certified
in
anatomic
and
forensic
pathology
by
the
American
board
of
pathology.
The
state
medical
examiner
shall
be
appointed
by
and
serve
at
the
pleasure
of
the
director
of
public
health
and
human
services
upon
the
advice
of
and
in
consultation
with
the
director
of
public
safety
and
the
governor.
The
state
medical
examiner,
in
consultation
with
the
director
of
public
health
and
human
services
,
shall
be
responsible
for
developing
and
administering
the
medical
examiner’s
budget
and
for
employment
of
medical
examiner
staff
and
assistants.
The
state
medical
examiner
may
be
a
faculty
member
of
the
university
of
Iowa
college
of
medicine
or
the
college
of
law
at
the
university
of
Iowa,
and
any
of
the
examiner’s
assistants
or
staff
may
be
members
of
the
faculty
or
staff
of
the
university
of
Iowa
college
of
medicine
or
the
college
of
law
at
the
university
of
Iowa.
Sec.
1292.
Section
691.6,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
To
adopt
rules
pursuant
to
chapter
17A
and
subject
to
the
approval
of
the
director
of
public
health
and
human
services
.
Sec.
1293.
Section
691.6,
subsection
10,
Code
2023,
is
amended
by
striking
the
subsection.
Senate
File
514,
p.
768
Sec.
1294.
Section
691.6A,
Code
2023,
is
amended
to
read
as
follows:
691.6A
Deputy
state
medical
examiner
——
creation
and
duties.
The
position
of
deputy
state
medical
examiner
is
created
within
the
office
of
the
state
medical
examiner.
The
deputy
state
medical
examiner
shall
report
to
and
be
responsible
to
the
state
medical
examiner.
The
deputy
state
medical
examiner
shall
meet
the
qualification
criteria
established
in
section
691.5
for
the
state
medical
examiner
and
shall
be
subject
to
rules
adopted
by
the
state
medical
examiner
as
provided
in
section
691.6,
subsection
3
.
The
state
medical
examiner
and
the
deputy
state
medical
examiner
shall
function
as
a
team,
providing
peer
review
as
necessary,
fulfilling
each
other’s
job
responsibilities
during
times
of
absence,
and
working
jointly
to
provide
services
and
education
to
county
medical
examiners,
law
enforcement
officials,
hospital
pathologists,
and
other
individuals
and
entities.
The
deputy
medical
examiner
may
be,
but
is
not
required
to
be,
a
full-time
salaried
faculty
member
of
the
department
of
pathology
of
the
university
of
Iowa
college
of
medicine.
If
the
medical
examiner
is
a
full-time
salaried
faculty
member
of
the
department
of
pathology
of
the
university
of
Iowa
college
of
medicine,
the
Iowa
department
of
public
health
and
human
services
and
the
state
board
of
regents
shall
enter
into
a
chapter
28E
agreement
to
define
the
activities
and
functions
of
the
deputy
medical
examiner,
and
to
allocate
deputy
medical
examiner
costs,
consistent
with
the
requirements
of
this
section
.
Sec.
1295.
Section
691.6B,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Advise
the
state
medical
examiner
concerning
the
assurance
of
effective
coordination
of
the
functions
and
operations
of
the
office
of
the
state
medical
examiner
with
the
needs
and
interests
of
the
departments
of
public
safety
and
public
health
and
human
services
.
Sec.
1296.
Section
691.6B,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
The
director
of
public
health
and
human
services
or
the
director’s
designee.
Sec.
1297.
Section
691.7,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
769
follows:
691.7
Commissioner
to
accept
federal
or
private
grants.
The
commissioner
of
public
safety
may
accept
federal
or
private
funds
or
grants
to
aid
in
the
establishment
or
operation
of
the
state
criminalistics
laboratory,
and
the
director
of
public
health
and
human
services
or
the
state
board
of
regents
may
accept
federal
or
private
funds
or
grants
to
aid
in
the
establishment
or
operation
of
the
position
of
state
medical
examiner.
Sec.
1298.
Section
692.15,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
If
it
comes
to
the
attention
of
a
sheriff,
police
department,
or
other
law
enforcement
agency
that
a
public
offense
or
delinquent
act
has
been
committed
in
its
jurisdiction,
the
law
enforcement
agency
shall
report
information
concerning
the
public
offense
or
delinquent
act
to
the
department
on
a
form
to
be
furnished
by
the
department
not
more
than
thirty-five
days
from
the
time
the
public
offense
or
delinquent
act
first
comes
to
the
attention
of
the
law
enforcement
agency.
The
reports
shall
be
used
to
generate
crime
statistics.
The
department
shall
submit
statistics
to
the
governor,
the
general
assembly,
and
the
division
of
subunit
of
the
department
of
health
and
human
services
responsible
for
criminal
and
juvenile
justice
planning
of
the
department
of
human
rights
on
a
quarterly
and
yearly
basis.
Sec.
1299.
Section
707.6A,
subsection
1D,
Code
2023,
is
amended
to
read
as
follows:
1D.
Where
the
program
is
available
and
appropriate
for
the
defendant,
the
court
shall
also
order
the
defendant
to
participate
in
a
reality
education
substance
abuse
use
disorder
prevention
program
as
provided
in
section
321J.24
.
Sec.
1300.
Section
708.3A,
subsections
1,
2,
3,
and
4,
Code
2023,
are
amended
to
read
as
follows:
1.
A
person
who
commits
an
assault,
as
defined
in
section
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
member
or
employee
of
the
board
of
parole,
health
care
provider,
employee
of
the
department
of
health
and
human
services,
employee
of
the
department
of
revenue,
national
guard
member
engaged
in
national
guard
duty
or
state
active
duty,
civilian
Senate
File
514,
p.
770
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
or
volunteer,
with
the
knowledge
that
the
person
against
whom
the
assault
is
committed
is
a
peace
officer,
jailer,
correctional
staff,
member
or
employee
of
the
board
of
parole,
health
care
provider,
employee
of
the
department
of
health
and
human
services,
employee
of
the
department
of
revenue,
national
guard
member
engaged
in
national
guard
duty
or
state
active
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
fire
department,
or
fire
fighter
and
with
the
intent
to
inflict
a
serious
injury
upon
the
peace
officer,
jailer,
correctional
staff,
member
or
employee
of
the
board
of
parole,
health
care
provider,
employee
of
the
department
of
health
and
human
services,
employee
of
the
department
of
revenue,
national
guard
member
engaged
in
national
guard
duty
or
state
active
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
fire
department,
or
fire
fighter,
is
guilty
of
a
class
“D”
felony.
2.
A
person
who
commits
an
assault,
as
defined
in
section
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
member
or
employee
of
the
board
of
parole,
health
care
provider,
employee
of
the
department
of
health
and
human
services,
employee
of
the
department
of
revenue,
national
guard
member
engaged
in
national
guard
duty
or
state
active
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
or
volunteer,
who
knows
that
the
person
against
whom
the
assault
is
committed
is
a
peace
officer,
jailer,
correctional
staff,
member
or
employee
of
the
board
of
parole,
health
care
provider,
employee
of
the
department
of
health
and
human
services,
employee
of
the
department
of
revenue,
national
guard
member
engaged
in
national
guard
duty
or
state
active
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
fire
department,
or
fire
fighter
and
who
uses
or
displays
a
dangerous
weapon
in
connection
with
the
assault,
is
guilty
of
a
class
“D”
felony.
3.
A
person
who
commits
an
assault,
as
defined
in
section
708.1,
against
a
peace
officer,
jailer,
correctional
staff,
member
or
employee
of
the
board
of
parole,
health
care
provider,
employee
of
the
department
of
health
and
human
services,
Senate
File
514,
p.
771
employee
of
the
department
of
revenue,
national
guard
member
engaged
in
national
guard
duty
or
state
active
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
or
volunteer,
who
knows
that
the
person
against
whom
the
assault
is
committed
is
a
peace
officer,
jailer,
correctional
staff,
member
or
employee
of
the
board
of
parole,
health
care
provider,
employee
of
the
department
of
health
and
human
services,
employee
of
the
department
of
revenue,
national
guard
member
engaged
in
national
guard
duty
or
state
active
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
fire
department,
or
fire
fighter,
and
who
causes
bodily
injury
or
mental
illness,
is
guilty
of
an
aggravated
misdemeanor.
4.
Any
other
assault,
as
defined
in
section
708.1
,
committed
against
a
peace
officer,
jailer,
correctional
staff,
member
or
employee
of
the
board
of
parole,
health
care
provider,
employee
of
the
department
of
health
and
human
services,
employee
of
the
department
of
revenue,
national
guard
member
engaged
in
national
guard
duty
or
state
active
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
or
volunteer,
by
a
person
who
knows
that
the
person
against
whom
the
assault
is
committed
is
a
peace
officer,
jailer,
correctional
staff,
member
or
employee
of
the
board
of
parole,
health
care
provider,
employee
of
the
department
of
health
and
human
services,
employee
of
the
department
of
revenue,
national
guard
member
engaged
in
national
guard
duty
or
state
active
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
fire
department,
or
fire
fighter,
is
a
serious
misdemeanor.
Sec.
1301.
Section
708.3A,
subsection
5,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
“Employee
of
the
department
of
health
and
human
services”
means
a
person
who
is
an
employee
of
an
institution
controlled
by
the
director
of
health
and
human
services
that
is
listed
in
section
218.1
,
or
who
is
an
employee
of
the
civil
commitment
unit
for
sex
offenders
operated
by
the
department
of
health
and
human
services.
A
person
who
commits
an
assault
under
this
section
against
an
employee
of
the
department
of
health
and
human
services
at
a
department
of
health
and
human
services
Senate
File
514,
p.
772
institution
or
unit
is
presumed
to
know
that
the
person
against
whom
the
assault
is
committed
is
an
employee
of
the
department
of
health
and
human
services.
Sec.
1302.
Section
709.16,
subsection
2,
paragraph
b,
subparagraphs
(2)
and
(5),
Code
2023,
are
amended
to
read
as
follows:
(2)
Institutions
controlled
by
the
department
of
health
and
human
services
listed
in
section
218.1
.
(5)
Facilities
for
the
treatment
of
persons
with
substance-related
disorders
a
substance
use
disorder
as
defined
in
section
125.2
.
Sec.
1303.
Section
710.8,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
A
person
shall
not
harbor
a
runaway
child
with
the
intent
of
allowing
the
runaway
child
to
remain
away
from
home
against
the
wishes
of
the
child’s
parent,
guardian,
or
custodian.
However,
the
provisions
of
this
subsection
do
not
apply
to
a
shelter
care
home
which
is
licensed
or
approved
by
the
department
of
health
and
human
services.
Sec.
1304.
Section
714G.8,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
The
department
of
health
and
human
services
or
its
agents
or
assignees
acting
to
investigate
fraud
under
the
medical
assistance
program.
Sec.
1305.
Section
715A.11,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
A
person
who
violates
this
section
is
guilty
of
a
simple
misdemeanor
for
a
first
offense
and
a
serious
misdemeanor
for
each
subsequent
offense.
The
court
may
require
a
substance
abuse
use
disorder
evaluation
and
treatment
through
a
program
licensed
by
the
Iowa
department
of
public
health
and
human
services
in
lieu
of
or
in
addition
to
other
penalties.
Any
substance
abuse
use
disorder
evaluation
required
under
this
subsection
shall
be
completed
at
the
expense
of
the
defendant.
Sec.
1306.
Section
724.31,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
A
person
who
is
subject
to
the
disabilities
imposed
by
18
U.S.C.
§922(d)(4)
and
(g)(4)
because
of
an
order
or
judgment
that
occurred
under
the
laws
of
this
state
may
petition
the
Senate
File
514,
p.
773
court
that
issued
the
order
or
judgment
or
the
court
in
the
county
where
the
person
resides
for
relief
from
the
disabilities
imposed
under
18
U.S.C.
§922(d)(4)
and
(g)(4).
A
copy
of
the
petition
shall
also
be
served
on
the
director
of
health
and
human
services
and
the
county
attorney
at
the
county
attorney’s
office
of
the
county
in
which
the
original
order
occurred,
and
the
director
or
the
county
attorney
may
appear,
support,
object
to,
and
present
evidence
relevant
to
the
relief
sought
by
the
petitioner.
Sec.
1307.
Section
725.1,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
If
the
person
who
sells
or
offers
for
sale
the
person’s
services
as
a
partner
in
a
sex
act
is
under
the
age
of
eighteen,
the
county
attorney
may
elect,
in
lieu
of
filing
a
petition
alleging
that
the
person
has
committed
a
delinquent
act,
to
refer
that
person
to
the
department
of
health
and
human
services
for
the
possible
filing
of
a
petition
alleging
that
the
person
is
a
child
in
need
of
assistance.
Sec.
1308.
Section
730.5,
subsection
1,
paragraph
g,
Code
2023,
is
amended
to
read
as
follows:
g.
“Medical
review
officer”
means
a
licensed
physician,
osteopathic
physician,
chiropractor,
nurse
practitioner,
or
physician
assistant
authorized
to
practice
in
any
state
of
the
United
States,
who
is
responsible
for
receiving
laboratory
results
generated
by
an
employer’s
drug
or
alcohol
testing
program,
and
who
has
knowledge
of
substance
abuse
use
disorders
and
has
appropriate
medical
training
to
interpret
and
evaluate
an
individual’s
confirmed
positive
test
result
together
with
the
individual’s
medical
history
and
any
other
relevant
biomedical
information.
Sec.
1309.
Section
730.5,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Testing
optional.
This
section
does
not
require
or
create
a
legal
duty
on
an
employer
to
conduct
drug
or
alcohol
testing
and
the
requirements
of
this
section
shall
not
be
construed
to
encourage,
discourage,
restrict,
limit,
prohibit,
or
require
such
testing.
In
addition,
an
employer
may
implement
and
require
drug
or
alcohol
testing
at
some
but
not
all
of
the
work
sites
of
the
employer
and
the
requirements
of
this
Senate
File
514,
p.
774
section
shall
only
apply
to
the
employer
and
employees
who
are
at
the
work
sites
where
drug
or
alcohol
testing
pursuant
to
this
section
has
been
implemented.
A
cause
of
action
shall
not
arise
in
favor
of
any
person
against
an
employer
or
agent
of
an
employer
based
on
the
failure
of
the
employer
to
establish
a
program
or
policy
on
substance
abuse
use
disorder
prevention
or
to
implement
any
component
of
testing
as
permitted
by
this
section
.
Sec.
1310.
Section
730.5,
subsection
7,
paragraph
f,
Code
2023,
is
amended
to
read
as
follows:
f.
All
confirmatory
drug
testing
shall
be
conducted
at
a
laboratory
certified
by
the
United
States
department
of
health
and
human
services’
substance
abuse
and
mental
health
services
administration
or
approved
under
rules
adopted
by
the
Iowa
department
of
public
health
and
human
services
.
Sec.
1311.
Section
730.5,
subsection
9,
paragraph
c,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
If
an
employer
does
not
have
an
employee
assistance
program,
the
employer
must
maintain
a
resource
file
of
alcohol
and
other
drug
abuse
substance
use
disorder
programs
certified
by
the
Iowa
department
of
public
health
and
human
services
,
mental
health
providers,
and
other
persons,
entities,
or
organizations
available
to
assist
employees
with
personal
or
behavioral
problems.
The
employer
shall
provide
all
employees
information
about
the
existence
of
the
resource
file
and
a
summary
of
the
information
contained
within
the
resource
file.
The
summary
should
contain,
but
need
not
be
limited
to,
all
information
necessary
to
access
the
services
listed
in
the
resource
file.
Sec.
1312.
Section
730.5,
subsection
9,
paragraph
g,
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Upon
receipt
of
a
confirmed
positive
alcohol
test
which
indicates
an
alcohol
concentration
greater
than
the
concentration
level
established
by
the
employer
pursuant
to
this
section
,
and
if
the
employer
has
at
least
fifty
employees,
and
if
the
employee
has
been
employed
by
the
employer
for
at
least
twelve
of
the
preceding
eighteen
months,
and
if
rehabilitation
is
agreed
upon
by
the
employee,
and
if
the
Senate
File
514,
p.
775
employee
has
not
previously
violated
the
employer’s
substance
abuse
use
disorder
prevention
policy
pursuant
to
this
section
,
the
written
policy
shall
provide
for
the
rehabilitation
of
the
employee
pursuant
to
subsection
10
,
paragraph
“a”
,
subparagraph
(1),
and
the
apportionment
of
the
costs
of
rehabilitation
as
provided
by
this
paragraph
“g”
.
Sec.
1313.
Section
730.5,
subsection
9,
paragraph
h,
Code
2023,
is
amended
to
read
as
follows:
h.
In
order
to
conduct
drug
or
alcohol
testing
under
this
section
,
an
employer
shall
require
supervisory
personnel
of
the
employer
involved
with
drug
or
alcohol
testing
under
this
section
to
attend
a
minimum
of
two
hours
of
initial
training
and
to
attend,
on
an
annual
basis
thereafter,
a
minimum
of
one
hour
of
subsequent
training.
The
training
shall
include,
but
is
not
limited
to,
information
concerning
the
recognition
of
evidence
of
employee
alcohol
and
other
drug
abuse
substance
use
disorder
,
the
documentation
and
corroboration
of
employee
alcohol
and
other
drug
abuse
substance
use
disorder
,
and
the
referral
of
employees
who
abuse
alcohol
or
other
drugs
with
a
substance
use
disorder
to
the
employee
assistance
program
or
to
the
resource
file
maintained
by
the
employer
pursuant
to
paragraph
“c”
,
subparagraph
(2).
Sec.
1314.
Section
730.5,
subsection
11,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
Termination
or
suspension
of
any
substance
abuse
use
disorder
prevention
or
testing
program
or
policy.
Sec.
1315.
Section
730.5,
subsection
12,
paragraph
b,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
The
employer
discloses
the
test
results
to
a
person
other
than
the
employer,
an
authorized
employee,
agent,
or
representative
of
the
employer,
the
tested
employee
or
the
tested
applicant
for
employment,
an
authorized
substance
abuse
use
disorder
treatment
program
or
employee
assistance
program,
or
an
authorized
agent
or
representative
of
the
tested
employee
or
applicant.
Sec.
1316.
Section
730.5,
subsection
13,
paragraph
d,
subparagraph
(1),
subparagraph
division
(e),
Code
2023,
is
amended
to
read
as
follows:
(e)
To
a
substance
abuse
use
disorder
evaluation
or
Senate
File
514,
p.
776
treatment
facility
or
professional
for
the
purpose
of
evaluation
or
treatment
of
the
employee.
Sec.
1317.
Section
730.5,
subsection
16,
Code
2023,
is
amended
to
read
as
follows:
16.
Reports.
A
laboratory
doing
business
for
an
employer
who
conducts
drug
or
alcohol
tests
pursuant
to
this
section
shall
file
an
annual
report
with
the
Iowa
department
of
public
health
and
human
services
by
March
1
of
each
year
concerning
the
number
of
drug
or
alcohol
tests
conducted
on
employees
who
work
in
this
state
pursuant
to
this
section
,
and
the
number
of
positive
and
negative
results
of
the
tests,
during
the
previous
calendar
year.
In
addition,
the
laboratory
shall
include
in
its
annual
report
the
specific
basis
for
each
test
as
authorized
in
subsection
8
,
the
type
of
drug
or
drugs
which
were
found
in
the
positive
drug
tests,
and
all
significant
available
demographic
factors
relating
to
the
positive
test
pool.
Sec.
1318.
Section
804.31,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
When
a
person
is
detained
for
questioning
or
arrested
for
an
alleged
violation
of
a
law
or
ordinance
and
there
is
reason
to
believe
that
the
person
is
deaf
or
hard-of-hearing,
the
peace
officer
making
the
arrest
or
taking
the
person
into
custody
or
any
other
officer
detaining
the
person
shall
determine
if
the
person
is
a
deaf
or
hard-of-hearing
person
as
defined
in
section
622B.1
.
If
the
officer
so
determines,
the
officer,
at
the
earliest
possible
time
and
prior
to
commencing
any
custodial
interrogation
of
the
person,
shall
procure
a
qualified
interpreter
in
accordance
with
section
622B.2
and
the
rules
adopted
by
the
supreme
court
under
section
622B.1
unless
the
deaf
or
hard-of-hearing
person
knowingly,
voluntarily,
and
intelligently
waives
the
right
to
an
interpreter
in
writing
by
executing
a
form
prescribed
by
the
department
of
health
and
human
rights
services
and
the
Iowa
county
attorneys
association.
The
interpreter
shall
interpret
the
officer’s
warnings
of
constitutional
rights
and
protections
and
all
other
warnings,
statements,
and
questions
spoken
or
written
by
any
officer,
attorney,
or
other
person
present
and
all
statements
and
questions
communicated
in
sign
language
by
the
deaf
or
hard-of-hearing
person.
Senate
File
514,
p.
777
Sec.
1319.
Section
811.2,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Any
bailable
defendant
who
is
charged
with
unlawful
possession,
manufacture,
delivery,
or
distribution
of
a
controlled
substance
or
other
drug
under
chapter
124
and
is
ordered
released
shall
be
required,
as
a
condition
of
that
release,
to
submit
to
a
substance
abuse
use
disorder
evaluation
and
follow
any
recommendations
proposed
in
the
evaluation
for
appropriate
substance
abuse
use
disorder
treatment.
However,
if
a
bailable
defendant
is
charged
with
manufacture,
delivery,
possession
with
the
intent
to
manufacture
or
deliver,
or
distribution
of
methamphetamine,
its
salts,
optical
isomers,
and
salts
of
its
optical
isomers,
the
defendant
shall,
in
addition
to
a
substance
abuse
use
disorder
evaluation,
remain
under
supervision
and
be
required
to
undergo
random
drug
tests
as
a
condition
of
release.
Sec.
1320.
Section
812.6,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
A
defendant
who
does
not
pose
a
danger
to
the
public
peace
or
safety,
but
is
otherwise
being
held
in
custody,
or
who
refuses
to
cooperate
with
treatment,
shall
be
committed
to
the
custody
of
the
director
of
health
and
human
services
at
a
department
of
health
and
human
services
facility
for
treatment
designed
to
restore
the
defendant
to
competency.
The
costs
of
the
treatment
pursuant
to
this
paragraph
shall
be
borne
by
the
department
of
health
and
human
services.
Sec.
1321.
Section
901.3,
subsection
1,
paragraph
h,
Code
2023,
is
amended
to
read
as
follows:
h.
Whether
the
defendant
has
a
history
of
mental
health
issues
or
a
substance
abuse
problems
use
disorder
.
If
so,
the
investigator
shall
inquire
into
the
treatment
options
available
in
both
the
community
of
the
defendant
and
the
correctional
system.
Sec.
1322.
Section
901.3,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
All
local
and
state
mental
and
correctional
institutions,
courts,
and
police
agencies
shall
furnish
to
the
investigator
on
request
the
defendant’s
criminal
record
and
other
relevant
information.
The
originating
source
of
specific
mental
Senate
File
514,
p.
778
health
or
substance
abuse
use
disorder
information
including
the
histories,
treatment,
and
use
of
medications
shall
not
be
released
to
the
presentence
investigator
unless
the
defendant
authorizes
the
release
of
such
information.
If
the
defendant
refuses
to
release
the
information,
the
presentence
investigator
may
note
the
defendant’s
refusal
to
release
mental
health
or
substance
abuse
use
disorder
information
in
the
presentence
investigation
report
and
rely
upon
other
mental
health
or
substance
abuse
use
disorder
information
available
to
the
presentence
investigator.
With
the
approval
of
the
court,
a
physical
examination
or
psychiatric
evaluation
of
the
defendant
may
be
ordered,
or
the
defendant
may
be
committed
to
an
inpatient
or
outpatient
psychiatric
facility
for
an
evaluation
of
the
defendant’s
personality
and
mental
health.
The
results
of
any
such
examination
or
evaluation
shall
be
included
in
the
report
of
the
investigator.
Sec.
1323.
Section
901.4,
Code
2023,
is
amended
to
read
as
follows:
901.4
Presentence
investigation
report
confidential
——
access.
The
presentence
investigation
report
is
confidential
and
the
court
shall
provide
safeguards
to
ensure
its
confidentiality,
including
but
not
limited
to
sealing
the
report,
which
may
be
opened
only
by
further
court
order.
The
defendant’s
attorney
and
the
attorney
for
the
state
shall
have
access
to
the
presentence
investigation
report
at
least
three
days
prior
to
the
date
set
for
sentencing.
The
defendant’s
appellate
attorney
and
the
appellate
attorney
for
the
state
shall
have
access
to
the
presentence
investigation
report
upon
request
and
without
the
necessity
of
a
court
order.
The
report
shall
remain
confidential
except
upon
court
order.
However,
the
court
may
conceal
the
identity
of
the
person
who
provided
confidential
information.
The
report
of
a
medical
examination
or
psychological
or
psychiatric
evaluation
shall
be
made
available
to
the
attorney
for
the
state
and
to
the
defendant
upon
request.
The
reports
are
part
of
the
record
but
shall
be
sealed
and
opened
only
on
order
of
the
court.
If
the
defendant
is
committed
to
the
custody
of
the
Iowa
department
of
corrections
and
is
not
a
class
“A”
felon,
an
Senate
File
514,
p.
779
employee
of
the
department,
if
authorized
by
the
director
of
the
department,
an
employee
of
a
judicial
district
department
of
correctional
services,
if
authorized
by
the
director
of
the
judicial
district
department
of
correctional
services,
and
an
employee
of
the
board
of
parole,
if
authorized
by
the
chairperson
or
a
member
of
the
board
of
parole,
shall
have
access
to
the
presentence
investigation
report.
Pursuant
to
section
904.602
,
the
presentence
investigation
report
may
also
be
released
by
ordinary
or
electronic
mail
by
the
department
of
corrections
or
a
judicial
district
department
of
correctional
services
to
another
jurisdiction
for
the
purpose
of
providing
interstate
probation
and
parole
compact
or
interstate
compact
for
adult
offender
supervision
services
or
evaluations,
or
to
a
substance
abuse
use
disorder
or
mental
health
services
provider
when
referring
a
defendant
for
services.
The
defendant
or
the
defendant’s
attorney
may
file
with
the
presentence
investigation
report,
a
denial
or
refutation
of
the
allegations,
or
both,
contained
in
the
report.
The
denial
or
refutation
shall
be
included
in
the
report.
Sec.
1324.
Section
901.4A,
Code
2023,
is
amended
to
read
as
follows:
901.4A
Substance
abuse
use
disorder
evaluation.
Upon
a
plea
of
guilty,
a
verdict
of
guilty,
or
a
special
verdict
upon
which
a
judgment
of
conviction
may
be
rendered,
the
court
may
order
the
defendant
to
submit
to
and
complete
a
substance
abuse
use
disorder
evaluation,
if
the
court
determines
that
there
is
reason
to
believe
that
the
defendant
regularly
abuses
uses
alcohol
or
other
controlled
substances
and
may
be
in
need
of
treatment.
An
order
made
pursuant
to
this
section
may
be
made
in
addition
to
any
other
sentence
or
order
of
the
court.
Sec.
1325.
Section
901.5,
subsection
8,
Code
2023,
is
amended
to
read
as
follows:
8.
The
court
may
order
the
defendant
to
complete
any
treatment
indicated
by
a
substance
abuse
use
disorder
evaluation
ordered
pursuant
to
section
901.4A
or
any
other
section.
Sec.
1326.
Section
901B.1,
subsection
1,
paragraph
c,
subparagraph
(5),
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
780
(5)
A
substance
abuse
use
disorder
treatment
facility
as
established
and
operated
by
the
Iowa
department
of
public
health
and
human
services
or
the
department
of
corrections.
Sec.
1327.
Section
901B.1,
subsection
3,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
A
copy
of
the
program
and
plan
shall
be
filed
with
the
chief
judge
of
the
judicial
district,
the
department
of
corrections,
and
the
division
of
subunit
of
the
department
of
health
and
human
services
responsible
for
criminal
and
juvenile
justice
planning
of
the
department
of
human
rights
.
Sec.
1328.
Section
904.108,
subsection
1,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
Establish
and
maintain
acceptable
standards
of
treatment,
training,
education,
and
rehabilitation
in
the
various
state
penal
and
corrective
institutions
which
shall
include
habilitative
services
and
treatment
for
offenders
with
an
intellectual
disability.
For
the
purposes
of
this
paragraph,
“habilitative
services
and
treatment”
means
medical,
mental
health,
social,
educational,
counseling,
and
other
services
which
will
assist
a
person
with
an
intellectual
disability
to
become
self-reliant.
However,
the
director
may
also
provide
rehabilitative
treatment
and
services
to
other
persons
who
require
the
services.
The
director
shall
identify
all
individuals
entering
the
correctional
system
who
are
persons
with
an
intellectual
disability,
as
defined
in
section
4.1
.
Identification
shall
be
made
by
a
qualified
professional
in
the
area
of
intellectual
disability.
In
assigning
an
offender
with
an
intellectual
disability,
or
an
offender
with
an
inadequately
developed
intelligence
or
with
impaired
mental
abilities,
to
a
correctional
facility,
the
director
shall
consider
both
the
program
needs
and
the
security
needs
of
the
offender.
The
director
shall
consult
with
the
department
of
health
and
human
services
in
providing
habilitative
services
and
treatment
to
offenders
with
mental
illness
or
an
intellectual
disability.
The
director
may
enter
into
agreements
with
the
department
of
health
and
human
services
to
utilize
mental
health
institutions
and
share
staff
and
resources
for
purposes
of
providing
habilitative
services
and
treatment,
as
well
as
providing
other
special
needs
programming.
Any
agreement
to
Senate
File
514,
p.
781
utilize
mental
health
institutions
and
to
share
staff
and
resources
shall
provide
that
the
costs
of
the
habilitative
services
and
treatment
shall
be
paid
from
state
funds.
Not
later
than
twenty
days
prior
to
entering
into
any
agreement
to
utilize
mental
health
institution
staff
and
resources,
other
than
the
use
of
a
building
or
facility,
for
purposes
of
providing
habilitative
services
and
treatment,
as
well
as
other
special
needs
programming,
the
directors
of
the
departments
of
corrections
and
health
and
human
services
shall
each
notify
the
chairpersons
and
ranking
members
of
the
joint
appropriations
subcommittees
that
last
handled
the
appropriation
for
their
respective
departments
of
the
pending
agreement.
Use
of
a
building
or
facility
shall
require
approval
of
the
general
assembly
if
the
general
assembly
is
in
session
or,
if
the
general
assembly
is
not
in
session,
the
legislative
council
may
grant
temporary
authority,
which
shall
be
subject
to
final
approval
of
the
general
assembly
during
the
next
succeeding
legislative
session.
Sec.
1329.
Section
904.108,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
The
director
may
obtain
assistance
for
the
department
for
construction,
facility
planning,
and
project
accomplishment
with
the
department
of
administrative
services
and
by
contracting
under
chapter
28E
for
data
processing
with
the
department
of
health
and
human
services
or
the
department
of
administrative
services.
Sec.
1330.
Section
904.201,
subsection
3,
paragraph
a,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
Residents
transferred
from
an
institution
under
the
jurisdiction
of
the
department
of
health
and
human
services
or
the
Iowa
department
of
corrections.
Sec.
1331.
Section
904.302,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
director
may
appoint
a
farm
operations
administrator
for
institutions
under
the
control
of
the
departments
of
corrections
and
health
and
human
services.
If
appointed,
the
farm
operations
administrator,
subject
to
the
direction
of
the
director
shall
do
all
of
the
following:
Sec.
1332.
Section
904.302,
subsections
1,
3,
and
8,
Code
Senate
File
514,
p.
782
2023,
are
amended
to
read
as
follows:
1.
Manage
and
supervise
all
farming
and
nursery
operations
at
institutions,
farms
and
gardens
of
the
departments
of
corrections
and
health
and
human
services.
3.
Develop
an
annual
operations
plan
for
crop
and
livestock
production
and
utilization
that
will
provide
work
experience
and
contribute
to
developing
vocational
skills
of
the
institutions’
inmates
and
residents.
The
department
of
health
and
human
services
must
approve
the
parts
of
the
plan
that
affect
farm
operations
on
property
of
institutions
having
programs
of
the
department
of
health
and
human
services.
8.
Pay
property
taxes
levied
against
land
leased
by
the
department
of
corrections
or
department
of
health
and
human
services
as
provided
in
section
427.1,
subsection
1
.
Sec.
1333.
Section
904.503,
Code
2023,
is
amended
to
read
as
follows:
904.503
Transfers
——
persons
with
mental
illness.
1.
a.
The
director
may
transfer
at
the
expense
of
the
department
an
inmate
of
one
institution
to
another
institution
under
the
director’s
control
if
the
director
is
satisfied
that
the
transfer
is
in
the
best
interests
of
the
institutions
or
inmates.
b.
The
director
may
transfer
at
the
expense
of
the
department
an
inmate
under
the
director’s
jurisdiction
from
any
institution
supervised
by
the
director
to
another
institution
under
the
control
of
an
administrator
of
a
division
of
the
department
director
of
health
and
human
services
with
the
consent
and
approval
of
the
administrator
director
of
health
and
human
services
and
may
transfer
an
inmate
to
any
other
institution
for
mental
or
physical
examination
or
treatment
retaining
jurisdiction
over
the
inmate
when
so
transferred.
c.
If
the
juvenile
court
waives
its
jurisdiction
over
a
child
over
thirteen
and
under
eighteen
years
of
age
pursuant
to
section
232.45
so
that
the
child
may
be
prosecuted
as
an
adult
and
if
the
child
is
convicted
of
a
public
offense
in
the
district
court
and
committed
to
the
custody
of
the
director
under
section
901.7
,
the
director
may
request
transfer
of
the
child
to
the
state
training
school
under
this
section
.
If
the
administrator
of
a
division
of
the
department
director
of
Senate
File
514,
p.
783
health
and
human
services
consents
and
approves
the
transfer,
the
child
may
be
retained
in
temporary
custody
by
the
state
training
school
until
attaining
the
age
of
eighteen,
at
which
time
the
child
shall
be
returned
to
the
custody
of
the
director
of
the
department
of
corrections
to
serve
the
remainder
of
the
sentence
imposed
by
the
district
court.
If
the
child
becomes
a
security
risk
or
becomes
a
danger
to
other
residents
of
the
state
training
school
at
any
time
before
reaching
eighteen
years
of
age,
the
administrator
of
the
division
of
the
department
director
of
health
and
human
services
may
immediately
return
the
child
to
the
custody
of
the
director
of
the
department
of
corrections
to
serve
the
remainder
of
the
sentence.
2.
When
the
director
has
cause
to
believe
that
an
inmate
in
a
state
correctional
institution
is
mentally
ill,
the
Iowa
department
of
corrections
may
cause
the
inmate
to
be
transferred
to
the
Iowa
medical
and
classification
center,
or
to
another
appropriate
facility
within
the
department,
for
examination,
diagnosis,
or
treatment.
The
inmate
shall
be
confined
at
that
center
or
facility
or
a
state
hospital
for
persons
with
mental
illness
health
institute
until
the
expiration
of
the
inmate’s
sentence
or
until
the
inmate
is
pronounced
in
good
mental
health.
If
the
inmate
is
pronounced
in
good
mental
health
before
the
expiration
of
the
inmate’s
sentence,
the
inmate
shall
be
returned
to
the
state
correctional
institution
until
the
expiration
of
the
inmate’s
sentence.
3.
When
the
director
has
reason
to
believe
that
a
prisoner
in
a
state
correctional
institution,
whose
sentence
has
expired,
is
mentally
ill,
the
director
shall
cause
examination
to
be
made
of
the
prisoner
by
competent
physicians
who
shall
certify
to
the
director
whether
the
prisoner
is
in
good
mental
health
or
mentally
ill.
The
director
may
make
further
investigation
and
if
satisfied
that
the
prisoner
is
mentally
ill,
the
director
may
cause
the
prisoner
to
be
transferred
to
one
of
the
hospitals
for
persons
with
mental
illness,
or
may
order
the
prisoner
to
be
confined
in
the
Iowa
medical
and
classification
center.
Sec.
1334.
Section
904.513,
subsection
1,
paragraph
b,
subparagraphs
(2)
and
(3),
Code
2023,
are
amended
to
read
as
follows:
Senate
File
514,
p.
784
(2)
Offenders
convicted
of
violating
chapter
321J
,
sentenced
to
the
custody
of
the
director,
and
awaiting
placement
in
a
community
residential
substance
abuse
use
disorder
treatment
program
for
such
offenders
shall
be
placed
in
an
institutional
substance
abuse
use
disorder
program
for
such
offenders
within
sixty
days
of
admission
to
the
institution
or
as
soon
as
practical.
When
placing
offenders
convicted
of
violating
chapter
321J
in
community
residential
substance
abuse
use
disorder
treatment
programs
for
such
offenders,
the
department
shall
give
priority
as
appropriate
to
the
placement
of
those
offenders
currently
in
institutional
substance
abuse
use
disorder
programs
for
such
offenders.
The
department
shall
work
with
each
judicial
district
to
enable
such
offenders
to
enter
community
residential
substance
abuse
use
disorder
treatment
programs
at
a
level
comparable
to
their
prior
institutional
program
participation.
(3)
Assignment
shall
be
for
the
purposes
of
risk
management
and
substance
abuse
use
disorder
treatment
and
may
include
education
or
work
programs
when
the
offender
is
not
participating
in
other
program
components.
Sec.
1335.
Section
904.513,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
department
shall
adopt
rules
for
the
implementation
of
this
section
.
The
rules
shall
include
the
requirement
that
the
treatment
programs
established
pursuant
to
this
chapter
meet
the
licensure
standards
of
the
department
of
public
health
and
human
services
under
chapter
125
.
The
rules
shall
also
include
provisions
for
the
funding
of
the
program
by
means
of
self-contribution
by
the
offenders,
insurance
reimbursement
on
behalf
of
offenders,
or
other
forms
of
funding,
program
structure,
criteria
for
the
evaluation
of
offenders
and
programs,
and
all
other
issues
the
director
shall
deem
appropriate.
Sec.
1336.
Section
904.514,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
person
committed
to
an
institution
under
the
control
of
the
department
who
bites
another
person,
who
causes
an
exchange
of
bodily
fluids
with
another
person,
or
who
causes
any
bodily
secretion
to
be
cast
upon
another
person,
shall
submit
to
the
Senate
File
514,
p.
785
withdrawal
of
a
bodily
specimen
for
testing
to
determine
if
the
person
is
infected
with
a
contagious
infectious
disease.
The
bodily
specimen
to
be
taken
shall
be
determined
by
the
staff
physician
of
the
institution.
The
specimen
taken
shall
be
sent
to
the
state
hygienic
laboratory
at
the
state
university
at
Iowa
City
or
some
other
laboratory
approved
by
the
Iowa
department
of
public
health
and
human
services
.
If
a
person
to
be
tested
pursuant
to
this
section
refuses
to
submit
to
the
withdrawal
of
a
bodily
specimen,
application
may
be
made
by
the
superintendent
of
the
institution
to
the
district
court
for
an
order
compelling
the
person
to
submit
to
the
withdrawal
and,
if
infected,
to
available
treatment.
An
order
authorizing
the
withdrawal
of
a
specimen
for
testing
may
be
issued
only
by
a
district
judge
or
district
associate
judge
upon
application
by
the
superintendent
of
the
institution.
Sec.
1337.
Section
904.706,
subsections
3,
4,
and
5,
Code
2023,
are
amended
to
read
as
follows:
3.
As
used
in
this
section
,
“department”
means
the
Iowa
department
of
corrections
and
the
Iowa
department
of
health
and
human
services.
4.
The
farm
operations
administrator
appointed
under
section
904.302
shall
perform
the
functions
described
under
section
904.302
for
agricultural
operations
on
property
of
the
Iowa
department
of
health
and
human
services.
5.
The
Iowa
department
of
health
and
human
services
shall
enter
into
an
agreement
under
chapter
28D
with
the
Iowa
department
of
corrections
to
implement
this
section
.
Sec.
1338.
Section
904.809,
subsection
5,
paragraph
c,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
An
amount
which
the
inmate
may
be
legally
obligated
to
pay
for
the
support
of
the
inmate’s
dependents,
which
shall
be
paid
through
the
department
of
health
and
human
services
collection
services
center,
and
which
shall
include
an
amount
for
delinquent
child
support
not
to
exceed
fifty
percent
of
net
earnings.
Sec.
1339.
Section
904.905,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
An
amount
the
inmate
may
be
legally
obligated
to
pay
for
the
support
of
the
inmate’s
dependents,
the
amount
of
which
Senate
File
514,
p.
786
shall
be
paid
to
the
dependents
through
the
department
of
health
and
human
services
office
or
unit
serving
the
county
or
city
in
which
the
dependents
reside
.
Sec.
1340.
Section
905.12,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
An
amount
the
resident
may
be
legally
obligated
to
pay
for
the
support
of
dependents,
which
shall
be
paid
to
the
dependents
directly
or
through
the
department
of
health
and
human
services
office
or
unit
serving
the
county
in
which
the
dependents
reside.
For
the
purpose
of
this
paragraph,
“legally
obligated”
means
under
a
court
order.
Sec.
1341.
Section
905.15,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
A
person
under
supervision
of
a
district
department,
who
assaults
another
person
as
defined
in
section
708.1
,
by
biting,
casting
bodily
fluids,
or
acting
in
a
manner
that
results
in
the
exchange
of
bodily
fluids,
shall
submit
to
the
withdrawal
of
a
bodily
specimen
for
testing
to
determine
if
the
person
is
infected
with
a
contagious
infectious
disease.
The
bodily
specimen
to
be
taken
shall
be
determined
by
a
physician.
The
specimen
taken
shall
be
sent
to
the
state
hygienic
laboratory
at
the
state
university
at
Iowa
City
or
some
other
laboratory
approved
by
the
department
of
public
health
and
human
services
.
If
a
person
to
be
tested
pursuant
to
this
section
refuses
to
submit
to
the
withdrawal
of
a
bodily
specimen,
application
may
be
made
by
the
director
to
the
district
court
for
an
order
compelling
the
person
to
submit
to
the
withdrawal
and,
if
infected,
to
available
treatment.
An
order
authorizing
the
withdrawal
of
a
specimen
for
testing
may
be
issued
only
by
a
district
judge
or
district
associate
judge
upon
application
by
the
director.
Sec.
1342.
Section
907.5,
subsection
1,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
The
defendant’s
mental
health
and
substance
abuse
use
disorder
history
and
treatment
options
available
in
the
community
and
the
correctional
system.
Sec.
1343.
Section
915.29,
Code
2023,
is
amended
to
read
as
follows:
915.29
Notification
of
victim
of
juvenile
by
department
of
Senate
File
514,
p.
787
health
and
human
services.
1.
The
department
of
health
and
human
services
shall
notify
a
registered
victim
regarding
a
juvenile
adjudicated
delinquent
for
a
violent
crime,
committed
to
the
custody
of
the
department
of
health
and
human
services,
and
placed
at
the
state
training
school,
of
the
following:
a.
The
date
on
which
the
juvenile
is
expected
to
be
temporarily
released
from
the
custody
of
the
department
of
health
and
human
services,
and
whether
the
juvenile
is
expected
to
return
to
the
community
where
the
registered
victim
resides.
b.
The
juvenile’s
escape
from
custody.
c.
The
recommendation
by
the
department
to
consider
the
juvenile
for
release
or
placement.
d.
The
date
on
which
the
juvenile
is
expected
to
be
released
from
a
facility
pursuant
to
a
plan
of
placement.
2.
The
notification
required
pursuant
to
this
section
may
occur
through
the
automated
victim
notification
system
referred
to
in
section
915.10A
to
the
extent
such
information
is
available
for
dissemination
through
the
system.
Sec.
1344.
Section
915.35,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
a.
A
child
protection
assistance
team
involving
the
county
attorney,
law
enforcement
personnel,
and
personnel
of
the
department
of
health
and
human
services
shall
be
established
for
each
county
by
the
county
attorney.
However,
by
mutual
agreement,
two
or
more
county
attorneys
may
establish
a
single
child
protection
assistance
team
to
cover
a
multicounty
area.
A
child
protection
assistance
team,
to
the
greatest
extent
possible,
may
be
consulted
in
cases
involving
a
forcible
felony
against
a
child
who
is
less
than
age
fourteen
in
which
the
suspected
offender
is
the
person
responsible
for
the
care
of
a
child,
as
defined
in
section
232.68
.
A
child
protection
assistance
team
may
also
be
utilized
in
cases
involving
a
violation
of
chapter
709
or
726
or
other
crime
committed
upon
a
victim
as
defined
in
subsection
1
.
b.
A
child
protection
assistance
team
may
also
consult
with
or
include
juvenile
court
officers,
medical
and
mental
health
professionals,
physicians
or
other
hospital-based
health
professionals,
court-appointed
special
advocates,
guardians
Senate
File
514,
p.
788
ad
litem,
and
members
of
a
multidisciplinary
team
created
by
the
department
of
health
and
human
services
for
child
abuse
investigations
assessments
.
A
child
protection
assistance
team
may
work
cooperatively
with
the
early
childhood
Iowa
area
board
established
under
chapter
256I
.
The
child
protection
assistance
team
shall
work
with
the
department
of
health
and
human
services
in
accordance
with
section
232.71B,
subsection
3
,
in
developing
the
protocols
for
prioritizing
the
actions
taken
in
response
to
child
abuse
assessments
and
for
law
enforcement
agencies
working
jointly
with
the
department
at
the
local
level
in
processes
for
child
abuse
assessments.
The
department
of
justice
may
provide
training
and
other
assistance
to
support
the
activities
of
a
child
protection
assistance
team.
Sec.
1345.
Section
915.37,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
References
in
this
section
to
a
guardian
ad
litem
shall
be
interpreted
to
include
references
to
a
court
appointed
special
advocate
as
defined
in
section
232.2
,
subsection
10
.
Sec.
1346.
Section
915.40,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
“Department”
means
the
Iowa
department
of
public
health
and
human
services
.
Sec.
1347.
Section
915.45,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
In
addition
to
any
other
information
required
to
be
released
under
chapter
229A
,
prior
to
the
discharge
of
a
person
committed
under
chapter
229A
,
the
director
of
health
and
human
services
shall
give
written
notice
of
the
person’s
discharge
to
any
living
victim
of
the
person’s
activities
or
crime
whose
address
is
known
to
the
director
or,
if
the
victim
is
deceased,
to
the
victim’s
family,
if
the
family’s
address
is
known.
Failure
to
notify
shall
not
be
a
reason
for
postponement
of
discharge.
Nothing
in
this
section
shall
create
a
cause
of
action
against
the
state
or
an
employee
of
the
state
acting
within
the
scope
of
the
employee’s
employment
as
a
result
of
the
failure
to
notify
pursuant
to
this
action.
Sec.
1348.
Section
915.46,
subsection
4,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
sexual
assault
forensic
examiner
program
shall
Senate
File
514,
p.
789
provide
didactic
and
clinical
training
opportunities
consistent
with
the
sexual
assault
forensic
examiner
education
guidelines
established
by
the
international
association
of
forensic
nurses,
in
collaboration
with
the
Iowa
department
of
public
health
and
human
services
and
the
Iowa
coalition
against
sexual
assault,
in
sufficient
numbers
and
geographical
locations
across
the
state
to
assist
treatment
facilities
with
training
sexual
assault
examiners
and
sexual
assault
nurse
examiners.
Sec.
1349.
Section
915.46,
subsections
5
and
6,
Code
2023,
are
amended
to
read
as
follows:
5.
The
sexual
assault
forensic
examiner
program,
in
collaboration
with
qualified
medical
providers,
the
Iowa
department
of
public
health
and
human
services
,
and
the
Iowa
coalition
against
sexual
assault,
shall
create
uniform
materials
that
all
treatment
facilities
and
federally
qualified
health
centers
are
required
to
provide
to
patients
and
non-offending
parents
or
legal
guardians,
if
applicable,
regarding
medical
forensic
examination
procedures,
laws
regarding
consent
relating
to
medical
forensic
services,
and
the
benefits
and
risks
of
evidence
collection,
including
recommended
time
frames
for
evidence
collection
pursuant
to
evidence-based
research.
These
materials
shall
be
made
available
on
the
department
of
justice’s
internet
site
to
all
treatment
facilities
and
federally
qualified
health
centers.
6.
The
sexual
assault
forensic
examiner
program,
in
collaboration
with
qualified
medical
providers,
the
Iowa
department
of
public
health
and
human
services
,
and
the
Iowa
coalition
against
sexual
assault,
shall
create
and
update
statewide
sexual
assault
examiner
and
sexual
assault
nurse
examiner
protocols,
shall
provide
technical
assistance
upon
request
to
health
care
professionals,
and
shall
provide
expertise
on
best
practices
to
health
care
professionals
relating
to
sexual
assault
forensic
examinations.
Sec.
1350.
Section
915.46,
subsection
7,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Members
of
the
advisory
committee
shall
include
staff
members
of
the
department
of
justice
managing
the
sexual
assault
forensic
examiner
program;
representatives
from
the
department
of
public
health
and
human
services
as
determined
Senate
File
514,
p.
790
by
the
director
to
be
appropriate,
the
Iowa
coalition
against
sexual
assault,
the
board
of
nursing,
and
other
constituencies
as
determined
by
the
department
of
justice
with
an
interest
in
sexual
assault
forensic
examinations;
and
the
hospital
medical
staff
person
involved
with
emergency
services
pursuant
to
section
915.82
.
Sec.
1351.
Section
915.83,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Request
from
the
department
of
health
and
human
services,
the
department
of
workforce
development
and
its
division
of
workers’
compensation,
the
department
of
public
safety,
the
county
sheriff
departments,
the
municipal
police
departments,
the
county
attorneys,
or
other
public
authorities
or
agencies
reasonable
assistance
or
data
necessary
to
administer
the
crime
victim
compensation
program.
Sec.
1352.
Section
915.84,
subsections
4,
5,
and
6,
Code
2023,
are
amended
to
read
as
follows:
4.
Notwithstanding
subsection
3
,
a
victim
under
the
age
of
eighteen
or
dependent
adult
as
defined
in
section
235B.2
who
has
been
sexually
abused
or
subjected
to
any
other
unlawful
sexual
conduct
under
chapter
709
or
726
or
who
has
been
the
subject
of
a
forcible
felony
is
not
required
to
report
the
crime
to
the
local
police
department
or
county
sheriff
department
to
be
eligible
for
compensation
if
the
crime
was
allegedly
committed
upon
a
child
by
a
person
responsible
for
the
care
of
a
child,
as
defined
in
section
232.68,
subsection
8
,
or
upon
a
dependent
adult
by
a
caretaker
as
defined
in
section
235B.2
,
and
was
reported
to
an
employee
of
the
department
of
health
and
human
services
and
the
employee
verifies
the
report
to
the
department.
5.
When
immediate
or
short-term
medical
services
or
mental
health
services
are
provided
to
a
victim
under
section
915.35
,
the
department
of
health
and
human
services
shall
file
the
claim
for
compensation
as
provided
in
subsection
4
for
the
victim.
6.
When
immediate
or
short-term
medical
services
to
a
victim
are
provided
pursuant
to
section
915.35
by
a
professional
licensed
or
certified
by
the
state
to
provide
such
services,
the
professional
shall
file
the
claim
for
compensation,
unless
the
department
of
health
and
human
services
is
required
to
file
the
claim
under
this
section
.
The
requirement
to
report
the
crime
Senate
File
514,
p.
791
to
the
local
police
department
or
county
sheriff
department
under
subsection
3
does
not
apply
to
this
subsection
.
Sec.
1353.
2020
Iowa
Acts,
chapter
1064,
section
16,
subsection
1,
paragraph
d,
subparagraph
(1),
is
amended
to
read
as
follows:
(1)
Any
debt,
which
is
assigned
to
the
department
of
health
and
human
services,
or
which
is
owed
to
the
department
of
health
and
human
services
for
unpaid
premiums
under
section
249A.3,
subsection
2
,
paragraph
“a”
,
subparagraph
(1),
or
which
the
child
support
recovery
unit
services
is
otherwise
attempting
to
collect,
or
which
the
foster
care
recovery
unit
services
of
the
department
of
health
and
human
services
is
attempting
to
collect
on
behalf
of
a
child
receiving
foster
care
provided
by
the
department
of
health
and
human
services.
Sec.
1354.
2022
Iowa
Acts,
chapter
1098,
section
92,
subsection
1,
is
amended
by
striking
the
subsection.
Sec.
1355.
REPEAL.
Chapter
136,
Code
2023,
is
repealed.
Sec.
1356.
REPEAL.
2022
Iowa
Acts,
chapter
1098,
section
68,
is
repealed.
Sec.
1357.
REPEAL.
Sections
135.2,
135.3,
135.6,
135.7,
135.8,
135.9,
135.10,
216A.2,
217.7,
217.9,
217.10,
217.15,
217.16,
217.17,
218.19,
218.20,
218.40,
218.53,
218.54,
222.6,
227.19,
231.22,
and
234.2,
Code
2023,
are
repealed.
Sec.
1358.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
is
directed
to
do
all
of
the
following:
1.
Make
changes
in
the
structure
of
any
Code
chapter
including
but
not
limited
to
chapter
titles
and
subtitles
to
correspond
with
the
changes
made
in
this
division
of
this
Act
in
consultation
with
the
department
of
health
and
human
services.
2.
Make
changes
in
any
Code
sections
amended
or
enacted
by
any
other
Act
to
correspond
with
the
changes
made
in
this
division
of
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
division
of
this
Act
or
any
other
Act.
3.
Correct
internal
references
in
the
Code
and
in
enacted
legislation
as
necessary
due
to
the
enactment
of
this
division
of
this
Act.
Sec.
1359.
CONTINGENT
EFFECTIVE
DATE.
The
following
Senate
File
514,
p.
792
takes
effect
on
the
effective
date
of
the
rules
adopted
by
the
department
of
revenue
pursuant
to
chapter
17A
implementing
2020
Iowa
Acts,
chapter
1064,
other
than
transitional
rules:
The
section
of
this
division
of
this
Act
amending
2020
Iowa
Acts,
chapter
1064.
DIVISION
II
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
LIBRARY
SERVICES
Sec.
1360.
NEW
SECTION
.
8A.204
State
librarian.
1.
The
director
shall
appoint
the
state
librarian
who
shall
administer
the
duties
of
the
department
as
it
relates
to
library
services.
2.
The
state
librarian
shall
do
all
of
the
following:
a.
Organize,
staff,
and
administer
the
department
as
it
relates
to
library
services
so
as
to
render
the
greatest
benefit
to
libraries
in
the
state.
b.
Submit
a
biennial
report
to
the
governor
on
the
activities
and
an
evaluation
of
the
department
as
it
relates
to
library
services
and
its
programs
and
policies.
c.
Control
all
library
services-related
property
of
the
department.
The
state
librarian
may
dispose
of,
through
sale,
conveyance,
or
exchange,
any
library
materials
that
may
be
obsolete
or
worn
out
or
that
may
no
longer
be
needed
or
appropriate
to
the
mission
of
the
state
library
of
Iowa.
These
materials
may
be
sold
by
the
state
library
directly
or
the
library
may
sell
the
materials
by
consignment
with
an
outside
entity.
A
state
library
fund
is
created
in
the
state
treasury.
Proceeds
from
the
sale
of
the
library
materials
shall
be
remitted
to
the
treasurer
of
state
and
credited
to
the
state
library
fund
and
shall
be
used
for
the
purchase
of
books
and
other
library
materials.
Notwithstanding
section
8.33,
any
balance
in
the
fund
on
June
30
of
any
fiscal
year
shall
not
revert
to
the
general
fund
of
the
state.
d.
Perform
other
duties
as
assigned
by
the
director
or
as
imposed
by
law.
Sec.
1361.
Section
256.1,
subsection
4,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
1362.
Section
256.7,
subsection
17,
Code
2023,
is
amended
by
striking
the
subsection.
Senate
File
514,
p.
793
Sec.
1363.
Section
256.50,
subsection
2,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
1364.
Section
256.51,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
division
of
library
services
is
attached
to
the
department
of
education
for
administrative
purposes.
The
state
librarian
shall
be
responsible
for
the
division’s
budgeting
and
related
management
functions
in
accordance
with
section
256.52,
subsection
3
.
The
division
department,
as
it
relates
to
library
services,
shall
do
all
of
the
following:
Sec.
1365.
Section
256.51,
subsection
1,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
Develop
and
approve
,
in
consultation
with
the
area
education
agency
media
centers
and
the
commission
,
a
biennial
unified
plan
of
service
and
service
delivery
for
the
division
of
library
services
department
.
Sec.
1366.
Section
256.51,
subsection
1,
Code
2023,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
m.
Provide
for
the
improvement
of
library
services
to
all
Iowa
citizens
and
foster
development
and
cooperation
among
libraries.
Sec.
1367.
Section
256.51,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
division
department,
as
it
relates
to
library
services,
may
do
all
of
the
following:
a.
Enter
into
interstate
library
compacts
on
behalf
of
the
state
of
Iowa
with
any
state
which
legally
joins
in
the
compacts
as
provided
in
section
256.70
.
b.
Receive
and
expend
money
for
providing
programs
and
services.
The
division
department
may
receive,
accept,
and
administer
any
moneys
appropriated
or
granted
to
it,
separate
from
the
general
library
fund,
by
the
federal
government
or
by
any
other
public
or
private
agency.
c.
Accept
gifts,
contributions,
bequests,
endowments,
or
other
moneys,
including
but
not
limited
to
the
Westgate
endowment
fund,
for
any
or
all
purposes
of
the
division
department
as
it
relates
to
library
services
.
Interest
earned
on
moneys
accepted
under
this
paragraph
shall
be
credited
to
the
fund
or
funds
to
which
the
gifts,
contributions,
bequests,
Senate
File
514,
p.
794
endowments,
or
other
moneys
have
been
deposited,
and
is
available
for
any
or
all
purposes
of
the
division
department
as
it
relates
to
library
services
.
The
division
department
shall
report
annually
to
the
commission
and
the
general
assembly
regarding
the
gifts,
contributions,
bequests,
endowments,
or
other
moneys
accepted
pursuant
to
this
paragraph
and
the
interest
earned
on
them.
Sec.
1368.
Section
256.52,
subsection
1,
paragraph
a,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
state
commission
of
libraries
consists
of
one
member
appointed
by
the
supreme
court,
the
director
of
the
department
of
education,
or
the
director’s
designee
,
and
the
following
seven
members
who
shall
be
appointed
by
the
governor
to
serve
four-year
terms
beginning
and
ending
as
provided
in
section
69.19
.
Sec.
1369.
Section
256.52,
subsection
3,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
1370.
Section
256.52,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
commission
shall
adopt
rules
under
chapter
17A
for
carrying
out
the
responsibilities
of
the
division
department
as
it
relates
to
library
services
duties
of
the
department
.
Sec.
1371.
Section
256.52,
subsection
5,
Code
2023,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
5.
Advise
the
department
and
the
state
librarian
concerning
the
library
services
duties
of
the
department.
Sec.
1372.
Section
256.53,
Code
2023,
is
amended
to
read
as
follows:
256.53
State
publications.
Upon
issuance
of
a
state
publication
in
any
format,
a
state
agency
shall
provide
the
division
department
with
an
electronic
version
of
the
publication
at
no
cost
to
the
division
department
.
Sec.
1373.
Section
256.54,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
law
library
shall
be
administered
by
a
law
librarian
appointed
by
the
state
librarian
subject
to
chapter
8A,
Senate
File
514,
p.
795
subchapter
IV
,
who
shall
do
all
of
the
following:
Sec.
1374.
Section
256.55,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
state
data
center
is
established
in
the
division
department
.
The
state
data
center
shall
be
administered
by
the
state
data
center
coordinator,
who
shall
do
all
of
the
following:
Sec.
1375.
Section
256.55,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Perform
other
duties
imposed
by
law
or
prescribed
by
the
commission
department
.
Sec.
1376.
Section
256.57,
Code
2023,
is
amended
to
read
as
follows:
256.57
Enrich
Iowa
program.
1.
An
enrich
Iowa
program
is
established
in
the
division
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.
The
commission
shall
adopt
rules
governing
the
allocation
of
funds
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
under
this
chapter
subchapter
if
it
is
in
compliance
with
the
commission’s
performance
measures.
2.
The
amount
of
direct
state
assistance
distributed
to
each
eligible
public
library
shall
be
based
on
the
following:
a.
The
level
of
compliance
by
the
eligible
public
library
with
the
performance
measures
adopted
by
the
commission
as
provided
in
this
section
.
b.
The
number
of
people
residing
within
an
eligible
library’s
geographic
service
area
for
whom
the
library
provides
services.
c.
The
amount
of
other
funding
the
eligible
public
library
received
in
the
previous
fiscal
year
for
providing
services
to
rural
residents
and
to
contracting
communities.
3.
Moneys
received
by
a
public
library
pursuant
to
this
Senate
File
514,
p.
796
section
shall
supplement,
not
supplant,
any
other
funding
received
by
the
library.
4.
For
purposes
of
this
section
,
“eligible
public
library”
means
a
public
library
that
meets
all
of
the
following
requirements:
a.
Submits
to
the
division
department
all
of
the
following:
(1)
The
report
provided
for
under
section
256.51,
subsection
1
,
paragraph
“h”
.
(2)
An
application
and
accreditation
report,
in
a
format
approved
by
the
commission
department
,
that
provides
evidence
of
the
library’s
compliance
with
at
least
one
level
of
the
standards
established
in
accordance
with
section
256.51,
subsection
1
,
paragraph
“k”
.
(3)
Any
other
application
or
report
the
division
department
deems
necessary
for
the
implementation
of
the
enrich
Iowa
program.
b.
Participates
in
the
library
resource
and
information
sharing
programs
established
by
the
state
library.
c.
Is
a
public
library
established
by
city
ordinance
or
a
library
district
as
provided
in
chapter
336
.
5.
Each
eligible
public
library
shall
maintain
a
separate
listing
within
its
budget
for
payments
received
and
expenditures
made
pursuant
to
this
section
,
and
shall
annually
submit
this
listing
to
the
division
department
.
6.
By
January
15,
annually,
the
division
department
shall
submit
a
program
evaluation
report
to
the
general
assembly
and
the
governor
detailing
the
uses
and
the
impacts
of
funds
allocated
under
this
section
.
7.
A
public
library
that
receives
funds
in
accordance
with
this
section
shall
have
an
internet
use
policy
in
place,
which
may
or
may
not
include
internet
filtering.
The
library
shall
submit
a
report
describing
the
library’s
internet
use
efforts
to
the
division
department
.
8.
A
public
library
that
receives
funds
in
accordance
with
this
section
shall
provide
open
access,
the
reciprocal
borrowing
program,
as
a
service
to
its
patrons,
at
a
reimbursement
rate
determined
by
the
state
library.
9.
Funds
appropriated
for
purposes
of
this
section
shall
not
be
used
by
the
division
department
for
administrative
purposes.
Senate
File
514,
p.
797
Sec.
1377.
Section
256.58,
Code
2023,
is
amended
to
read
as
follows:
256.58
Library
support
network.
1.
A
library
support
network
is
established
in
the
division
department
to
offer
services
and
programs
for
libraries,
including
but
not
limited
to
individualized,
locally
delivered
consulting
and
training,
and
to
facilitate
resource
sharing
and
innovation
through
the
use
of
technology,
administer
enrich
Iowa
programs,
advocate
for
libraries,
promote
excellence
and
innovation
in
library
services,
encourage
governmental
subdivisions
to
provide
local
financial
support
for
local
libraries,
and
ensure
the
consistent
availability
of
quality
service
to
all
libraries
throughout
the
state,
regardless
of
location
or
size.
2.
The
organizational
structure
to
deliver
library
support
network
services
shall
include
district
offices.
The
district
offices
shall
serve
as
a
basis
for
providing
field
services
to
local
libraries
in
the
counties
comprising
the
district.
The
division
department
shall
determine
which
counties
are
served
by
each
district
office.
The
number
of
district
offices
established
to
provide
services
pursuant
to
this
section
shall
be
six.
Sec.
1378.
Section
256.59,
Code
2023,
is
amended
to
read
as
follows:
256.59
Specialized
library
services.
The
specialized
library
services
unit
is
established
in
the
division
department
to
provide
information
services
to
the
three
branches
of
state
government
and
to
offer
focused
information
services
to
the
general
public
in
the
areas
of
Iowa
law,
Iowa
state
documents,
and
Iowa
history
and
culture.
Sec.
1379.
Section
256.62,
subsections
1,
3,
and
4,
Code
2023,
are
amended
to
read
as
follows:
1.
The
state
librarian
shall
convene
a
library
services
advisory
panel
to
advise
and
recommend
to
the
commission
and
the
division
department
evidence-based
best
practices,
to
assist
the
commission
and
division
department
to
determine
service
priorities
and
launch
programs,
articulate
the
needs
and
interests
of
Iowa
librarians,
and
share
research
and
professional
development
information.
Senate
File
514,
p.
798
3.
The
library
services
advisory
panel
shall
meet
at
least
twice
annually
and
shall
submit
its
recommendations
in
a
report
to
the
commission
department
and
the
state
librarian
at
least
once
annually.
The
report
shall
be
timely
submitted
to
allow
for
consideration
of
the
recommendations
prior
to
program
planning
and
budgeting
for
the
following
fiscal
year.
4.
Members
of
the
library
services
advisory
panel
shall
receive
actual
and
necessary
expenses
incurred
in
the
performance
of
their
duties.
Expenses
shall
be
paid
from
funds
appropriated
to
the
department
for
purposes
of
the
division
.
Sec.
1380.
Section
256.70,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
division
of
library
services
of
the
department
of
education
is
hereby
authorized
to
enter
into
interstate
library
compacts
on
behalf
of
the
state
of
Iowa
with
any
state
bordering
on
Iowa
which
legally
joins
therein
in
substantially
the
following
form
and
the
contracting
states
agree
that:
Sec.
1381.
Section
256.71,
Code
2023,
is
amended
to
read
as
follows:
256.71
Administrator.
The
administrator
of
the
division
of
library
services
state
librarian
shall
be
the
compact
administrator.
The
compact
administrator
shall
receive
copies
of
all
agreements
entered
into
by
the
state
or
its
political
subdivisions
and
other
states
or
political
subdivisions;
consult
with,
advise
and
aid
such
governmental
units
in
the
formulation
of
such
agreements;
make
such
recommendations
to
the
governor,
legislature,
governmental
agencies
and
units
as
the
administrator
deems
desirable
to
effectuate
the
purposes
of
this
compact
and
consult
and
cooperate
with
the
compact
administrators
of
other
party
states.
Sec.
1382.
CODE
EDITOR
DIRECTIVE
——
LIBRARY
SERVICES.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
256.50
to
section
8A.201.
b.
Section
256.51
to
section
8A.202.
c.
Section
256.52
to
section
8A.203.
d.
Section
256.53
to
section
8A.205.
e.
Section
256.54
to
section
8A.206.
Senate
File
514,
p.
799
f.
Section
256.55
to
section
8A.207.
g.
Section
256.56
to
section
8A.208.
h.
Section
256.57
to
section
8A.209.
i.
Section
256.58
to
section
8A.210.
j.
Section
256.59
to
section
8A.211.
k.
Section
256.62
to
section
8A.221.
l.
Section
256.69
to
section
8A.222.
m.
Section
256.70
to
section
8A.231.
n.
Section
256.71
to
section
8A.232.
o.
Section
256.72
to
section
8A.233.
p.
Section
256.73
to
section
8A.234.
2.
The
Code
editor
is
directed
to
rename
subchapter
II
and
designate
parts
in
chapter
8A
as
follows:
a.
Subchapter
II
shall
be
entitled
“Library
Services”
and
include
sections
8A.201
through
8A.234.
b.
Subchapter
II,
part
1,
shall
be
entitled
“General
Provisions”
and
include
sections
8A.201
through
8A.211.
c.
Subchapter
II,
part
2,
shall
be
entitled
“Library
Services
Advisory
Panel
and
Local
Financial
Support”
and
include
sections
8A.221
through
8A.222.
d.
Subchapter
II,
new
part
3,
shall
be
entitled
“Library
Compact”
and
include
sections
8A.231
through
8A.234.
3.
The
Code
editor
may
modify
subchapter
and
part
titles
if
necessary
and
is
directed
to
correct
internal
references
in
the
Code
as
necessary
due
to
enactment
of
this
section.
STATE
RECORDS
AND
ARCHIVES
Sec.
1383.
Section
163.37,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Such
records
shall
be
maintained
for
a
length
of
time
as
required
by
and
pursuant
to
chapter
305
8A,
subchapter
VI,
and
at
the
point
of
concentration
and
shall
be
made
available
for
inspection
by
the
department
at
reasonable
times.
Sec.
1384.
Section
305.1,
Code
2023,
is
amended
to
read
as
follows:
305.1
Citation.
This
chapter
subchapter
shall
be
known
and
may
be
cited
as
the
“State
Archives
and
Records
Act”
.
Sec.
1385.
Section
305.2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
800
As
used
in
this
chapter
subchapter
,
unless
the
context
otherwise
requires:
Sec.
1386.
Section
305.3,
subsection
2,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
1387.
Section
305.3,
subsection
8,
Code
2023,
is
amended
to
read
as
follows:
8.
The
director
of
the
department
of
administrative
services
.
Sec.
1388.
Section
305.7,
Code
2023,
is
amended
to
read
as
follows:
305.7
Administration
Commission
administration
.
The
department
of
cultural
affairs
,
through
the
state
archives
and
records
program,
is
the
primary
agency
responsible
for
providing
administrative
personnel
and
services
for
the
commission.
Sec.
1389.
Section
305.8,
subsection
1,
paragraphs
e,
f,
and
g,
Code
2023,
are
amended
to
read
as
follows:
e.
Adopt
and
maintain
an
interagency
records
manual
containing
the
rules
governing
records
management,
as
well
as
records
series
retention
and
disposition
schedules,
guidelines,
and
other
information
relating
to
implementation
of
this
chapter
subchapter
.
f.
Make
recommendations,
in
consultation
with
the
department
of
administrative
services
,
to
the
governor
and
the
general
assembly
for
the
continued
reduction
of
printed
reports
throughout
state
government
in
a
manner
that
protects
the
public’s
right
to
access
such
reports.
g.
Provide
advice,
counsel,
and
services
to
the
legislative,
judicial,
and
executive
branch
agencies
subject
to
this
chapter
subchapter
on
the
care
and
management
of
state
government
records.
Sec.
1390.
Section
305.8,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Examine
records
in
the
possession,
constructive
possession,
or
control
of
state
agencies
to
carry
out
the
purposes
of
this
chapter
subchapter
.
Sec.
1391.
Section
305.9,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
of
cultural
affairs
shall
do
all
of
the
Senate
File
514,
p.
801
following
as
it
relates
to
state
records
and
archives
:
Sec.
1392.
Section
305.9,
subsection
1,
paragraphs
a
and
j,
Code
2023,
are
amended
to
read
as
follows:
a.
Provide
Administer
the
state
archives
and
records
program
and
provide
administrative
support
to
the
state
records
commission
through
the
state
archives
and
records
program.
j.
Provide
advice,
counsel,
and
services
to
the
legislative,
judicial,
and
executive
branch
agencies
subject
to
this
chapter
subchapter
on
the
care
and
management
of
state
government
records.
Sec.
1393.
Section
305.9,
subsection
1,
paragraph
l,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
Upon
request,
the
state
archivist
shall
make
a
certified
copy
of
any
record
in
the
legal
custody
or
in
the
physical
custody
of
the
state
archivist,
or
a
certified
transcript
of
any
record
if
reproduction
is
inappropriate
because
of
legal
or
physical
considerations.
If
a
copy
or
transcript
is
properly
authenticated,
it
has
the
same
legal
effect
as
though
certified
by
the
officer
from
whose
office
it
was
transferred
or
by
the
secretary
of
state.
The
department
of
cultural
affairs
shall
establish
reasonable
fees
for
certified
copies
or
certified
transcripts
of
records
in
the
legal
custody
or
physical
custody
of
the
state
archivist.
Sec.
1394.
Section
305.9,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
of
cultural
affairs
may
do
any
of
the
following
as
it
relates
to
state
records
and
archives
:
Sec.
1395.
Section
305.10,
subsection
1,
paragraphs
d
and
j,
Code
2023,
are
amended
to
read
as
follows:
d.
Comply
with
requests
from
the
state
records
commission
or
the
state
archives
and
records
program
to
examine
records
in
the
possession,
constructive
possession,
or
control
of
the
agency
in
order
to
carry
out
the
purposes
of
this
chapter
subchapter
.
j.
Provide
for
compliance
with
this
chapter
subchapter
and
the
rules
adopted
by
the
state
records
commission.
Sec.
1396.
Section
305.14,
Code
2023,
is
amended
to
read
as
follows:
305.14
Liability
precluded.
No
member
of
the
commission
or
head
of
an
agency
shall
be
Senate
File
514,
p.
802
held
liable
for
damages
or
loss,
or
civil
or
criminal
liability,
because
of
the
destruction
of
public
records
pursuant
to
the
provisions
of
this
chapter
subchapter
or
any
other
law
authorizing
their
destruction.
Sec.
1397.
Section
305.15,
Code
2023,
is
amended
to
read
as
follows:
305.15
Exemptions
——
duties
of
state
department
of
transportation
and
state
board
of
regents.
The
state
department
of
transportation
and
the
agencies
and
institutions
under
the
control
of
the
state
board
of
regents
are
exempt
from
the
state
records
manual
and
the
provisions
of
this
chapter
subchapter
.
However,
the
state
department
of
transportation
and
the
state
board
of
regents
shall
adopt
rules
pursuant
to
chapter
17A
for
their
employees,
agencies,
and
institutions
that
are
consistent
with
the
objectives
of
this
chapter
subchapter
.
The
rules
shall
be
approved
by
the
state
records
commission.
Sec.
1398.
Section
305.16,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
Membership.
The
board
shall
consist
of
nine
members
appointed
by
the
governor
for
three-year
staggered
terms.
Members
shall
be
eligible
for
reappointment.
The
members
shall
have
experience
in
a
field
of
research
or
an
activity
that
administers
or
makes
extensive
use
of
historical
records.
The
majority
of
the
members
shall
have
professional
qualifications
and
experience
in
the
administration
of
government
records,
historical
records,
or
archives.
The
administrator
of
the
historical
division
of
the
department
of
cultural
affairs
director
shall
serve
as
an
ex
officio
member
of
the
board.
3.
Administration.
The
department
of
cultural
affairs
,
through
the
state
archives
and
records
program,
is
the
primary
agency
responsible
for
providing
administrative
personnel
and
services
for
the
board.
Sec.
1399.
CODE
EDITOR
DIRECTIVE
——
STATE
RECORDS
AND
ARCHIVES.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
305.1
to
section
8A.601.
b.
Section
305.2
to
section
8A.602.
Senate
File
514,
p.
803
c.
Section
305.3
to
section
8A.603.
d.
Section
305.4
to
section
8A.604.
e.
Section
305.5
to
section
8A.605.
f.
Section
305.6
to
section
8A.606.
g.
Section
305.7
to
section
8A.607.
h.
Section
305.8
to
section
8A.608.
i.
Section
305.9
to
section
8A.609.
j.
Section
305.10
to
section
8A.610.
k.
Section
305.11
to
section
8A.611.
l.
Section
305.12
to
section
8A.612.
m.
Section
305.13
to
section
8A.613.
n.
Section
305.14
to
section
8A.614.
o.
Section
305.15
to
section
8A.615.
p.
Section
305.16
to
section
8A.616.
2.
The
Code
editor
is
directed
to
create
a
new
subchapter
VI
in
chapter
8A
as
follows:
Subchapter
VI
shall
be
entitled
“State
Records
and
Archives”
and
include
sections
8A.601
through
8A.616.
3.
The
Code
editor
may
modify
subchapter
titles
if
necessary
and
is
directed
to
correct
internal
references
in
the
Code
as
necessary
due
to
enactment
of
this
section.
HISTORICAL
RESOURCES
Sec.
1400.
NEW
SECTION
.
8A.702
Departmental
duties
——
historical
resources.
The
duties
of
the
department
as
it
relates
to
the
historical
resources
of
the
state
shall
include
all
of
the
following:
1.
Develop
a
comprehensive,
coordinated,
and
efficient
policy
to
preserve,
research,
interpret,
and
promote
to
the
public
an
awareness
and
understanding
of
local,
state,
and
regional
history.
2.
Administer
and
care
for
historical
sites
under
the
authority
of
the
department,
and
maintain
collections
within
these
buildings.
a.
Except
for
the
state
board
of
regents,
a
state
agency
which
owns,
manages,
or
administers
a
historical
site
must
enter
into
an
agreement
with
the
department
under
chapter
28E
to
ensure
the
proper
management,
maintenance,
and
development
of
the
site.
b.
For
the
purposes
of
this
section,
“historical
site”
Senate
File
514,
p.
804
means
any
district,
site,
building,
or
structure
listed
on
the
national
register
of
historic
sites
or
identified
as
eligible
for
such
status
by
the
state
historic
preservation
officer
or
that
is
identified
according
to
established
criteria
by
the
state
historic
preservation
officer
as
significant
in
national,
state,
and
local
history,
architecture,
engineering,
archaeology,
or
culture.
3.
Encourage
and
assist
local,
county,
and
state
organizations
and
museums
devoted
to
historical
purposes.
4.
Develop
standards
and
criteria
for
the
acquisition
of
historic
properties
and
for
the
preservation,
restoration,
maintenance,
operation,
and
interpretation
of
properties
under
the
jurisdiction
of
the
department.
5.
Implement
tourism-related
art
and
history
projects
as
directed
by
the
general
assembly.
6.
Encourage
the
use
of
volunteers
throughout
the
department
as
it
relates
to
the
historical
resources
of
the
state,
especially
for
purposes
of
restoring
books
and
manuscripts.
7.
Publish
matters
of
historical
value
to
the
public.
8.
Buy
or
receive
by
other
means
historical
materials
including
but
not
limited
to
artifacts,
art,
books,
manuscripts,
and
images.
Such
materials
are
not
personal
property
under
sections
8A.321
and
8A.324
and
shall
be
received
and
cared
for
under
the
rules
of
the
department.
The
department
may
sell
or
otherwise
dispose
of
those
materials
according
to
the
rules
of
the
department
and
be
credited
for
any
revenues
credited
by
the
disposal
less
the
costs
incurred.
9.
Administer
the
historical
resource
development
program
established
in
section
8A.712.
10.
Administer,
preserve,
and
interpret
the
battle
flag
collection
assembled
by
the
state
in
consultation
and
coordination
with
the
department
of
veterans
affairs.
A
portion
of
the
battle
flag
collection
shall
be
on
display
at
the
state
capitol
and
the
state
historical
building
at
all
times,
unless
on
loan
approved
by
the
department.
11.
Establish,
maintain,
and
administer
a
digital
collection
of
historical
manuscripts,
documents,
records,
reports,
images,
and
artifacts
and
make
the
collection
available
to
the
public
through
an
online
research
center.
Senate
File
514,
p.
805
12.
Perform
such
duties
as
required
under
chapter
305B.
Sec.
1401.
Section
218.22,
Code
2023,
is
amended
to
read
as
follows:
218.22
Record
privileged.
Except
with
the
consent
of
the
administrator
in
charge
of
an
institution,
or
on
an
order
of
a
court
of
record,
the
record
provided
in
section
218.21
shall
be
accessible
only
to
the
administrator
of
the
division
of
the
department
of
human
services
in
control
of
such
institution,
the
director
of
the
department
of
human
services
and
to
assistants
and
proper
clerks
authorized
by
such
administrator
or
the
administrator’s
director.
The
administrator
of
the
division
of
such
institution
is
authorized
to
permit
the
division
of
library
services
of
the
department
of
education
and
the
historical
division
of
the
department
of
cultural
affairs
administrative
services
to
copy
or
reproduce
by
any
photographic,
photostatic,
microfilm,
microcard
or
other
process
which
accurately
reproduces
a
durable
medium
for
reproducing
the
original
and
to
destroy
in
the
manner
described
by
law
such
records
of
residents
designated
in
section
218.21
.
Sec.
1402.
Section
303.5,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
state
historical
society
administrator
director
may:
Sec.
1403.
Section
303.5,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Make
and
sign
any
agreements
and
perform
any
acts
which
are
necessary,
desirable,
or
proper
to
carry
out
the
purpose
of
the
division
department
as
it
relates
to
the
historical
resources
of
the
state
.
Sec.
1404.
Section
303.7,
Code
2023,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
303.7
State
historical
society.
1.
As
used
in
this
subchapter,
“state
historical
society”
means
a
membership
organization
of
the
department
that
is
open
to
members
of
the
general
public
who
are
interested
in
the
history
of
the
state.
2.
The
state
historical
society
board
of
trustees
shall
recommend
to
the
director
rules
for
membership
of
the
general
public
in
the
state
historical
society,
including
rules
Senate
File
514,
p.
806
relating
to
membership
fees.
Members
shall
be
persons
who
indicate
an
interest
in
the
history,
progress,
and
development
of
the
state
and
who
pay
the
prescribed
fee.
The
members
of
the
state
historical
society
may
meet
at
least
one
time
per
year
to
further
the
understanding
of
the
history
of
this
state.
The
members
of
the
society
shall
not
determine
policy
for
the
department
as
it
relates
to
the
historical
resources
of
the
state
but
may
advise
the
director
and
perform
functions
to
stimulate
interest
in
the
history
of
this
state
among
the
general
public.
The
society
may
perform
other
activities
related
to
history
which
are
not
contrary
to
this
subchapter.
3.
Unless
designated
otherwise,
an
application
for
membership
in
the
state
historical
society,
or
a
gift,
bequest,
devise,
endowment,
or
grant
to
the
state
historical
society
or
the
department
as
it
relates
to
the
historical
resources
of
the
state
shall
be
presumed
to
be
to
or
in
the
department.
4.
Notwithstanding
section
633.63,
the
board
may
enter
into
agreements
authorizing
nonprofit
foundations
acting
solely
for
the
support
of
the
state
historical
society
or
the
department
to
administer
the
membership
program
of
the
state
historical
society
and
funds
of
the
state
historical
society
or
the
department
as
it
relates
to
the
historical
resources
of
the
state.
Sec.
1405.
Section
303.8,
subsection
1,
paragraphs
b
and
c,
Code
2023,
are
amended
to
read
as
follows:
b.
Make
recommendations
to
the
division
administrator
director
on
historically
related
matters.
c.
Review
and
recommend
to
the
director
or
the
director’s
designee
policy
decisions
regarding
the
division
department
as
it
relates
to
the
historical
resources
of
the
state
.
Sec.
1406.
Section
303.8,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3.
The
department
may:
a.
By
rule,
establish
advisory
groups
necessary
for
the
receipt
of
federal
funds
or
grants
or
the
administration
of
any
of
the
department’s
programs
relating
to
the
historical
resources
of
the
state.
b.
Develop
and
implement
fee-based
educational
programming
opportunities,
including
preschool
programs,
related
to
arts,
Senate
File
514,
p.
807
history,
and
other
cultural
matters
for
Iowans
of
all
ages.
Sec.
1407.
Section
303.9,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
All
funds
received
by
the
department
relating
to
the
historical
resources
of
the
state
,
including
but
not
limited
to
gifts,
endowments,
funds
from
the
sale
of
memberships
in
the
state
historical
society,
funds
from
the
sale
of
mementos
and
other
items
relating
to
Iowa
history
as
authorized
under
subsection
2
,
interest
generated
by
the
life
membership
trust
fund,
and
fees,
shall
be
credited
to
the
account
of
the
department
and
are
appropriated
to
the
department
to
be
invested
or
used
for
programs
and
purposes
under
the
authority
of
the
department
as
it
relates
to
the
historical
resources
of
the
state
.
Interest
earned
on
funds
credited
to
the
department,
except
funds
appropriated
to
the
department
from
the
general
fund
of
the
state,
shall
be
credited
to
the
department.
Section
8.33
does
not
apply
to
funds
credited
to
the
department
under
this
section
.
3.
Notwithstanding
section
633.63
,
the
state
historical
society
board
of
trustees
may
authorize
nonprofit
foundations
acting
solely
for
the
support
of
the
state
historical
society
of
Iowa
department
as
it
relates
to
the
historical
resources
of
the
state
to
accept
and
administer
trusts
deemed
by
the
board
to
be
beneficial
to
the
division’s
department’s
operations
under
this
subchapter
.
The
board
and
the
foundation
may
act
as
trustees
in
such
instances.
Sec.
1408.
Section
303.9A,
Code
2023,
is
amended
to
read
as
follows:
303.9A
Iowa
heritage
fund.
1.
An
Iowa
heritage
fund
is
created
in
the
state
treasury
to
be
administered
by
the
state
historical
society
department
.
The
fund
shall
consist
of
all
moneys
allocated
to
the
fund
by
the
treasurer
of
state.
2.
Moneys
in
the
fund
shall
be
used
in
accordance
with
the
following:
a.
Ninety
percent
shall
be
retained
by
the
state
historical
society
department
and
used
to
maintain
and
expand
Iowa’s
history
curriculum,
to
provide
teacher
training
in
Iowa
history,
and
to
support
museum
exhibits,
historic
sites,
and
Senate
File
514,
p.
808
adult
education
programs.
b.
Five
percent
shall
be
retained
by
the
state
historical
society
department
to
be
used
for
start-up
costs
for
the
one
hundred
seventy-fifth
and
two
hundredth
anniversaries
of
Iowa
statehood.
c.
Five
percent
shall
be
retained
by
the
state
historical
society
department
to
be
used
for
the
promotion
of
the
sale
of
the
Iowa
heritage
registration
plate
issued
under
section
321.34
.
Sec.
1409.
Section
303.10,
Code
2023,
is
amended
to
read
as
follows:
303.10
Acceptance
and
use
of
money
grants.
All
federal
grants
to
and
the
federal
receipts
of
the
agencies
receiving
funds
under
this
chapter
subchapter
are
appropriated
for
the
purpose
set
forth
in
the
federal
grants
or
receipts.
Sec.
1410.
Section
303.11,
Code
2023,
is
amended
to
read
as
follows:
303.11
Gifts.
1.
The
division
department
may
accept
gifts
and
bequests
which
shall
be
used
in
accordance
with
the
desires
of
the
donor
if
expressed.
Funds
contained
in
an
endowment
fund
for
either
the
department
of
history
and
archives
or
the
state
historical
society
existing
on
July
1,
1974,
remain
an
endowment
of
the
division
department
.
Gifts
shall
be
accepted
only
on
behalf
of
the
division
department
,
and
gifts
to
a
part,
branch,
or
section
of
the
division
department
are
presumed
to
be
gifts
to
the
division
department
.
2.
If
publication
of
a
book
is
financed
by
the
endowment
fund,
this
chapter
subchapter
does
not
prevent
the
return
of
moneys
from
sales
of
the
book
to
the
endowment
fund.
Sec.
1411.
Section
303.16,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
The
historical
division
department
shall
administer
a
program
of
grants
and
loans
for
historical
resource
development
throughout
the
state,
subject
to
funds
for
such
grants
and
loans
being
made
available
through
the
appropriations
process
or
otherwise
provided
by
law.
2.
The
purpose
of
the
historical
resource
development
Senate
File
514,
p.
809
program
is
to
preserve,
conserve,
interpret,
and
enhance
historical
resources
that
will
encourage
and
support
the
economic
and
cultural
health
and
development
of
the
state
and
the
communities
in
which
the
resources
are
located.
For
this
purpose,
the
division
department
may
make
grants
and
loans
as
otherwise
provided
by
law
with
funds
as
may
be
made
available
by
applicable
law.
Sec.
1412.
Section
303.16,
subsection
6,
paragraphs
b,
f,
and
g,
Code
2023,
are
amended
to
read
as
follows:
b.
A
portion
of
the
applicant’s
operating
expenses
may
be
used
as
a
cash
match
or
in-kind
match
as
specified
by
the
division’s
department’s
rules.
f.
Grants
under
this
program
may
be
given
only
after
review
and
recommendation
by
the
state
historical
society
board
of
trustees.
The
division
department
may
contract
with
lending
institutions
chartered
in
this
state
to
act
as
agents
for
the
administration
of
loans
under
the
program,
in
which
case,
the
lending
institution
may
have
the
right
of
final
approval
of
loans,
subject
to
the
division’s
department’s
administrative
rules.
If
the
division
department
does
not
contract
with
a
lending
institution,
loans
may
be
made
only
after
review
and
recommendation
by
the
state
historical
society
board
of
trustees.
g.
The
division
department
shall
not
award
grants
or
loans
to
be
used
for
goods
or
services
obtained
outside
the
state,
unless
the
proposed
recipient
demonstrates
that
it
is
neither
feasible
nor
prudent
to
obtain
the
goods
or
services
within
the
state.
Sec.
1413.
Section
303.16,
subsections
8
and
9,
Code
2023,
are
amended
to
read
as
follows:
8.
The
division
department
may
use
ten
percent
of
the
annual
appropriation
allocation
to
the
division
historical
resource
grant
and
loan
fund
established
in
this
section
pursuant
to
section
455A.19
,
but
in
no
event
more
than
seventy-five
thousand
dollars
,
for
administration
of
the
grant
and
loan
program.
9.
a.
(1)
The
division
department
may
establish
a
historical
resource
grant
and
loan
fund
composed
of
any
money
appropriated
by
the
general
assembly
for
that
purpose,
funds
allocated
pursuant
to
section
455A.19
,
and
of
any
other
moneys
Senate
File
514,
p.
810
available
to
and
obtained
or
accepted
by
the
division
department
from
the
federal
government
or
private
sources
for
placement
in
that
fund.
Each
loan
made
under
this
section
shall
be
for
a
period
not
to
exceed
ten
years,
shall
bear
interest
at
a
rate
determined
by
the
state
historical
board,
and
shall
be
repayable
to
the
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
the
current
legal
usury
limit.
Applicants
are
eligible
for
not
more
than
one
hundred
thousand
dollars
in
loans
outstanding
at
any
time
under
this
program.
A
single
lending
institution
contracting
with
the
division
department
pursuant
to
this
section
shall
not
hold
more
than
five
hundred
thousand
dollars
worth
of
outstanding
loans
under
the
program.
(2)
Any
applicant,
who
is
otherwise
eligible,
who
receives
a
direct
or
indirect
appropriation
from
the
general
assembly
for
a
project
or
portion
of
a
project
is
ineligible
for
a
historical
resources
development
grant
for
that
same
project
during
the
fiscal
year
for
which
the
appropriation
is
made.
For
purposes
of
this
paragraph,
“project”
includes
any
related
activities,
including
but
not
limited
to
construction,
restoration,
supplies,
equipment,
consulting,
or
other
services.
b.
The
division
department
may:
(1)
Contract
and
adopt
administrative
rules
necessary
to
carry
out
the
provisions
of
this
section
,
but
the
division
department
shall
not
in
any
manner
directly
or
indirectly
pledge
the
credit
of
the
state
of
Iowa.
(2)
Authorize
payment
from
the
historical
resource
grant
and
loan
fund,
from
fees
and
from
any
income
received
by
investments
of
money
in
the
fund
for
costs,
commissions,
attorney
fees
and
other
reasonable
expenses
related
to
and
necessary
for
making
and
protecting
direct
loans
under
this
section
,
and
for
the
recovery
of
moneys
loaned
or
the
management
of
property
acquired
in
connection
with
such
loans.
Sec.
1414.
Section
303.16,
subsection
10,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
A
country
schools
historical
resource
preservation
grant
program
is
therefore
established
to
be
administered
by
the
historical
division
department
for
the
preservation
of
Senate
File
514,
p.
811
one-room
and
two-room
buildings
once
used
as
country
schools.
In
developing
grant
approval
criteria,
the
division
department
shall
place
a
priority
on
the
educational
uses
planned
for
the
country
school
building,
which
may
include,
but
are
not
limited
to,
historical
interpretation
and
use
as
a
teaching
museum
or
as
an
operational
classroom
accessible
to
a
school
district
or
accredited
nonpublic
school
for
provisional
instructional
purposes.
Sec.
1415.
Section
305B.5,
Code
2023,
is
amended
to
read
as
follows:
305B.5
Notice
of
injury
or
loss.
A
museum
shall
give
a
lender
or
claimant
prompt
notice
of
any
known
injury
to
or
loss
of
property
on
loan
on
a
form
for
notice
of
injury
loss
adopted
by
rule
by
the
department
of
administrative
services
.
The
department
of
cultural
affairs
shall
adopt
by
rule
a
form
for
notice
of
injury
or
loss,
no
later
than
January
1,
1989,
and
shall
distribute
the
rule
and
form
to
all
identified
museums
in
Iowa
within
sixty
days
after
adoption
of
the
rule.
The
notice
shall
be
mailed
to
the
lender’s
or
claimant’s
last
known
address
in
event
of
injury
or
loss
of
property
on
loan
to
the
museum.
Published
notice
of
injury
or
loss
of
undocumented
property
shall
not
be
required.
Sec.
1416.
Section
305B.8,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
department
of
cultural
affairs
administrative
services
shall
adopt
by
rule
a
form
for
notice
of
intent
to
preserve
an
interest
in
property
on
loan
to
a
museum.
The
form
shall
satisfy
the
requirements
of
subsection
1
and
shall
notify
the
claimant
of
the
rights
and
procedures
to
preserve
an
interest
in
museum
property.
The
form
shall
also
facilitate
recordkeeping
and
record
retrieval
by
a
museum.
At
a
minimum
the
form
shall
provide
a
place
for
recording
evidence
of
receipt
of
a
notice
by
a
museum,
including
the
date
of
receipt,
signature
of
the
person
receiving
the
notice,
and
the
date
on
which
a
copy
of
the
receipt
is
returned
to
the
claimant.
Sec.
1417.
Section
305B.11,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
department
of
cultural
affairs
administrative
services
may
by
rule
determine
the
minimum
form
and
substance
Senate
File
514,
p.
812
of
recordkeeping
by
museums
with
regard
to
museum
property
to
implement
this
chapter
.
Sec.
1418.
Section
321.34,
subsection
25,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
An
owner
referred
to
in
subsection
12
,
upon
written
application
to
the
department,
may
order
special
registration
plates
with
a
civil
war
sesquicentennial
processed
emblem.
The
special
plate
fees
collected
by
the
director
under
subsection
12
,
paragraphs
“a”
and
“c”
,
from
the
issuance
and
annual
validation
of
letter-number
designated
and
personalized
civil
war
sesquicentennial
plates
shall
be
paid
monthly
to
the
treasurer
of
state
and
deposited
in
the
road
use
tax
fund.
The
treasurer
of
state
shall
transfer
monthly
from
the
statutory
allocations
fund
created
under
section
321.145,
subsection
2
,
to
the
department
of
cultural
affairs
administrative
services
the
amount
of
the
special
fees
collected
under
subsection
12
,
paragraph
“a”
,
in
the
previous
month
for
civil
war
sesquicentennial
plates,
and
such
funds
are
appropriated
to
the
department
of
cultural
affairs
administrative
services
to
be
used
for
the
Iowa
battle
flag
project.
Sec.
1419.
Section
423.3,
subsection
34,
Code
2023,
is
amended
to
read
as
follows:
34.
The
sales
price
from
sales
of
mementos
and
other
items
relating
to
Iowa
history
and
historic
sites
by
the
department
of
cultural
affairs
administrative
services
on
the
premises
of
property
under
its
control
and
at
the
state
capitol.
Sec.
1420.
Section
427.16,
subsection
7,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
A
historical
site
as
defined
in
section
303.2
8A.702
.
Sec.
1421.
Section
455A.19,
subsection
1,
paragraph
f,
Code
2023,
is
amended
to
read
as
follows:
f.
Five
percent
shall
be
allocated
to
the
historical
resource
grant
and
loan
fund
established
pursuant
to
section
303.16
.
The
department
of
cultural
affairs
administrative
services
shall
use
the
moneys
allocated
to
this
fund
to
implement
historical
resource
development
programs
as
provided
under
section
303.16
.
Sec.
1422.
Section
904.601,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
813
1.
The
director
shall
keep
the
following
record
of
every
person
committed
to
any
of
the
department’s
institutions:
Name,
residence,
sex,
age,
place
of
birth,
occupation,
civil
condition,
date
of
entrance
or
commitment,
date
of
discharge,
whether
a
discharge
is
final,
condition
of
the
person
when
discharged,
the
name
of
the
institutions
from
which
and
to
which
the
person
has
been
transferred,
and
if
the
person
is
dead,
the
date
and
cause
of
death.
The
director
may
permit
the
division
of
library
services
of
the
department
of
education
and
the
historical
division
of
the
department
of
cultural
affairs
administrative
services
to
copy
or
reproduce
by
any
photographic,
photostatic,
microfilm,
microcard,
or
other
process
which
accurately
reproduces
in
a
durable
medium
and
to
destroy
in
the
manner
described
by
law
the
records
of
inmates
required
by
this
paragraph.
Sec.
1423.
2012
Iowa
Acts,
chapter
1136,
section
27,
subsection
1,
is
amended
to
read
as
follows:
1.
A
battle
flag
restoration
fund
is
created
and
established
as
a
separate
and
distinct
fund
in
the
state
treasury
under
the
control
of
the
department
of
cultural
affairs
administrative
services
.
The
moneys
in
the
fund
are
appropriated
to
the
department
for
purposes
of
continuing
the
project
recommended
by
the
Iowa
battle
flag
advisory
committee
to
stabilize
the
condition
of
the
battle
flag
collection.
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
battle
flag
restoration
fund.
Sec.
1424.
CODE
EDITOR
DIRECTIVE
——
HISTORICAL
RESOURCES.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
303.4
to
section
8A.703.
b.
Section
303.5
to
section
8A.704.
c.
Section
303.6
to
section
8A.705.
d.
Section
303.7
to
section
8A.706.
e.
Section
303.8
to
section
8A.707.
f.
Section
303.9
to
section
8A.708.
g.
Section
303.9A
to
section
8A.709.
h.
Section
303.10
to
section
8A.710.
i.
Section
303.11
to
section
8A.711.
Senate
File
514,
p.
814
j.
Section
303.16
to
section
8A.712.
2.
The
Code
editor
is
directed
to
create
a
new
subchapter
VII
in
chapter
8A
as
follows:
Subchapter
VII
shall
be
entitled
“Historical
Resources”
and
include
sections
8A.702
through
8A.712.
3.
The
Code
editor
may
modify
subchapter
titles
if
necessary
and
is
directed
to
correct
internal
references
in
the
Code
as
necessary
due
to
enactment
of
this
section.
DIVISION
III
DEPARTMENT
OF
INSPECTIONS,
APPEALS,
AND
LICENSING
ORGANIZATION
——
GENERAL
PROVISIONS
Sec.
1425.
Section
7E.5,
subsection
1,
paragraphs
d
and
h,
Code
2023,
are
amended
to
read
as
follows:
d.
The
department
of
inspections
,
and
appeals,
and
licensing,
created
in
section
10A.102
,
which
has
primary
responsibility
for
licensing,
administering
the
laws
relating
to
employment
safety,
labor
standards,
and
workers’
compensation,
and
coordinating
the
conducting
of
various
inspections,
investigations,
appeals,
hearings,
and
audits.
h.
The
department
of
workforce
development,
created
in
section
84A.1
,
which
has
primary
responsibility
for
administering
the
laws
relating
to
unemployment
compensation
insurance,
job
placement
and
training,
employment
safety,
labor
standards,
workers’
compensation,
and
related
matters.
Sec.
1426.
Section
10A.101,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
3.
“Director”
means
the
director
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1427.
Section
10A.102,
Code
2023,
is
amended
to
read
as
follows:
10A.102
Department
established.
The
department
of
inspections
,
and
appeals
,
and
licensing
is
established.
The
director
of
the
department
shall
be
appointed
by
the
governor
to
serve
at
the
pleasure
of
the
governor
subject
to
confirmation
by
the
senate
no
less
frequently
than
every
four
years,
whether
or
not
there
has
been
a
new
director
appointed
during
that
time.
If
the
office
becomes
vacant,
the
vacancy
Senate
File
514,
p.
815
shall
be
filled
in
the
same
manner
as
provided
for
the
original
appointment.
Sec.
1428.
Section
10A.103,
Code
2023,
is
amended
to
read
as
follows:
10A.103
Purpose
of
the
department.
The
department
is
created
for
the
purpose
of
coordinating
and
conducting
various
audits,
appeals,
hearings,
inspections,
and
investigations
,
and
licensing
activities
related
to
the
operations
of
the
executive
branch
of
state
government
,
and
administering
the
laws
relating
to
employment
safety,
labor
standards,
and
workers’
compensation
.
Sec.
1429.
Section
10A.104,
subsections
2
and
5,
Code
2023,
are
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
civil
rights
commission,
and
members
of
the
employment
appeal
board
,
and
administrator
of
the
child
advocacy
board
created
in
section
237.16
.
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
.
5.
Adopt
Except
for
rules
required
or
authorized
by
law
to
be
adopted
by
another
entity,
adopt
rules
deemed
necessary
for
the
implementation
and
administration
of
this
chapter
in
accordance
with
chapter
17A
.
Sec.
1430.
Section
10A.104,
Code
2023,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
15.
To
adopt
rules,
in
consultation
with
the
state
fire
marshal,
designating
a
fee
to
be
assessed
to
each
building,
structure,
or
facility
for
which
a
fire
safety
inspection
or
plan
review
is
required
by
law.
The
fee
designated
by
rule
shall
be
set
in
an
amount
that
is
reasonably
related
to
the
costs
of
conducting
the
applicable
inspection
or
plan
review.
The
fees
collected
shall
be
deposited
in
the
general
fund
of
the
state.
Senate
File
514,
p.
816
NEW
SUBSECTION
.
16.
Serve
as
the
state
building
code
commissioner
pursuant
to
section
103A.4
and
administer
chapters
101,
101A,
101B,
103,
103A,
104A,
104B,
and
105.
NEW
SUBSECTION
.
17.
Establish,
publish,
and
enforce
rules
not
inconsistent
with
law
for
the
enforcement
of
those
provisions
of
Title
IV,
subtitle
2,
the
administration
and
supervision
of
which
are
imposed
upon
the
department.
NEW
SUBSECTION
.
18.
Enforce
the
law
relative
to
“Health-related
Professions”,
Title
IV,
subtitle
3,
excluding
chapter
147A.
NEW
SUBSECTION
.
19.
Regulate
and
supervise
real
estate
appraisers
under
chapter
543D
and
real
estate
appraisal
management
companies
under
chapter
543E.
Sec.
1431.
Section
10A.106,
Code
2023,
is
amended
to
read
as
follows:
10A.106
Divisions
of
the
department.
1.
The
department
is
comprised
of
the
following
divisions:
a.
Administrative
administrative
hearings
division
.
b.
Investigations
,
labor
services
division
.
c.
Health
facilities
,
workers’
compensation
division
,
and
other
divisions
as
appropriate
.
2.
The
allocation
of
departmental
duties
to
the
divisions
of
the
department
in
sections
10A.402
,
10A.702
,
sections
10A.202,
10A.301,
and
10A.801
does
not
prohibit
the
director
from
reallocating
departmental
duties
within
the
department.
Sec.
1432.
NEW
SECTION
.
10A.109
Statutory
board,
commission,
committee,
or
council
——
teleconference
option.
Any
statutorily
established
board,
commission,
committee,
or
council
established
under
the
purview
of
the
department
relative
to
“Health-related
Professions”,
Title
IV,
subtitle
3,
excluding
chapter
147A,
shall
provide
for
a
teleconference
option
for
board,
commission,
committee,
or
council
members
to
participate
in
official
meetings.
Sec.
1433.
Section
10A.402,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
administrator
director
shall
coordinate
the
division’s
department’s
conduct
of
various
audits
and
investigations
as
provided
by
law
including
but
not
limited
to
the
following:
Sec.
1434.
Section
10A.403,
Code
2023,
is
amended
to
read
Senate
File
514,
p.
817
as
follows:
10A.403
Investigators
——
peace
officer
status.
Investigators
of
the
division
department
shall
have
the
powers
and
authority
of
peace
officers
when
acting
within
the
scope
of
their
responsibilities
to
conduct
investigations
as
specified
in
section
10A.402,
subsection
5
.
An
investigator
shall
not
carry
a
weapon
to
perform
responsibilities
as
described
in
this
section
.
Sec.
1435.
Section
10A.601,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
full-time
employment
appeal
board
is
created
within
the
department
of
inspections
,
and
appeals
,
and
licensing,
to
hear
and
decide
contested
cases
under
chapter
8A,
subchapter
IV
,
and
chapters
80
,
88
,
91C
,
96
,
and
97B
.
Sec.
1436.
Section
10A.702,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
administrator
director
shall
coordinate
the
division’s
department’s
conduct
of
various
inspections
and
investigations
as
otherwise
provided
by
law
including,
but
not
limited
to,
all
of
the
following:
Sec.
1437.
Section
10A.702,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Inspections
and
other
licensing
procedures
relative
to
the
hospice
program,
hospitals,
and
health
care
facilities.
The
division
department
is
designated
as
the
sole
licensing
authority
for
these
programs
and
facilities.
Sec.
1438.
Section
10A.801,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
For
purposes
of
this
article
subchapter
,
unless
the
context
otherwise
requires:
Sec.
1439.
Section
10A.801,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
“Division”
means
the
administrative
hearings
division
of
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1440.
Section
84A.1,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
a.
The
director
of
the
department
of
workforce
development
shall,
subject
to
the
requirements
of
section
84A.1B
,
prepare,
administer,
and
control
the
budget
of
the
Senate
File
514,
p.
818
department
and
its
divisions
and
shall
approve
the
employment
of
all
personnel
of
the
department
and
its
divisions.
b.
The
director
of
the
department
of
workforce
development
shall
direct
the
administrative
and
compliance
functions
and
control
the
docket
of
the
division
of
workers’
compensation.
Sec.
1441.
Section
84A.5,
subsections
4
and
5,
Code
2023,
are
amended
by
striking
the
subsections.
Sec.
1442.
REPEAL.
Sections
10A.401
and
10A.701,
Code
2023,
are
repealed.
Sec.
1443.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
135.61
to
section
10A.711.
b.
Section
135.62
to
section
10A.712.
c.
Section
135.63
to
section
10A.713.
d.
Section
135.64
to
section
10A.714.
e.
Section
135.65
to
section
10A.715.
f.
Section
135.66
to
section
10A.716.
g.
Section
135.67
to
section
10A.717.
h.
Section
135.68
to
section
10A.718.
i.
Section
135.69
to
section
10A.719.
j.
Section
135.70
to
section
10A.720.
k.
Section
135.71
to
section
10A.721.
l.
Section
135.72
to
section
10A.722.
m.
Section
135.73
to
section
10A.723.
n.
Section
135.74
to
section
10A.724.
o.
Section
135.75
to
section
10A.725.
p.
Section
135.76
to
section
10A.726.
q.
Section
135.78
to
section
10A.727.
r.
Section
135.79
to
section
10A.728.
s.
Section
135.83
to
section
10A.729.
2.
The
Code
editor
is
directed
to
rename
and
retitle
article
I
of
chapter
10A
as
follows:
Subchapter
I
GENERAL
PROVISIONS
3.
The
Code
editor
is
directed
to
rename
and
retitle
article
IV
of
chapter
10A
as
follows:
Subchapter
IV
INVESTIGATIONS
4.
The
Code
editor
is
directed
to
rename
article
VI
of
chapter
10A
as
subchapter
VI.
Senate
File
514,
p.
819
5.
The
Code
editor
is
directed
to
rename
and
retitle
article
VII
of
chapter
10A
and
designate
parts
as
follows:
a.
Subchapter
VII
shall
be
entitled
HEALTH
FACILITIES
and
include
sections
10A.702
through
10A.729.
b.
Subchapter
VII,
part
1,
shall
be
entitled
GENERAL
PROVISIONS
and
include
section
10A.702.
c.
Subchapter
VII,
part
2,
shall
be
entitled
HEALTH
FACILITIES
COUNCIL
and
include
sections
10A.711
through
10A.729.
6.
The
Code
editor
is
directed
to
rename
article
VIII
of
chapter
10A
as
subchapter
VIII.
7.
The
Code
editor
shall
correct
internal
references
in
the
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
enactment
of
this
section.
LABOR
SERVICES
Sec.
1444.
NEW
SECTION
.
10A.200
Definitions.
As
used
in
this
subchapter,
unless
the
context
otherwise
requires:
1.
“Commissioner”
means
the
labor
commissioner
appointed
pursuant
to
section
10A.203,
or
the
commissioner’s
designee.
2.
“Division”
means
the
division
of
labor
services
of
the
department
of
inspections,
appeals,
and
licensing.
Sec.
1445.
NEW
SECTION
.
10A.202
Labor
services
——
responsibilities.
1.
The
division
is
responsible
for
the
administration
of
the
laws
of
this
state
under
chapters
88
and
89B
and
sections
85.67A
and
85.68,
and
such
other
duties
assigned
to
the
division
or
commissioner.
The
executive
head
of
the
division
is
the
commissioner,
appointed
pursuant
to
section
10A.203.
2.
The
department
is
responsible
for
the
administration
of
the
laws
of
this
state
under
chapters
88A,
88B,
89,
89A,
90A,
91A,
91C,
91D,
91E,
92,
and
such
other
labor-services
duties
assigned
to
the
department
or
director.
Sec.
1446.
Section
73A.21,
subsection
1,
paragraphs
a
and
b,
Code
2023,
are
amended
by
striking
the
paragraphs.
Sec.
1447.
Section
73A.21,
subsections
5,
6,
8,
and
9,
Code
2023,
are
amended
to
read
as
follows:
5.
The
commissioner
director
and
the
division
department
shall
administer
and
enforce
this
section
,
and
the
commissioner
Senate
File
514,
p.
820
director
shall
adopt
rules
for
the
administration
and
enforcement
of
this
section
as
provided
in
section
91.6
.
6.
The
commissioner
director
shall
have
the
following
powers
and
duties
for
the
purposes
of
this
section
:
a.
The
commissioner
director
may
hold
hearings
and
investigate
charges
of
violations
of
this
section
.
b.
The
commissioner
director
may,
consistent
with
due
process
of
law,
enter
any
place
of
employment
to
inspect
records
concerning
labor
force
residency,
to
question
an
employer
or
employee,
and
to
investigate
such
facts,
conditions,
or
matters
as
are
deemed
appropriate
in
determining
whether
any
person
has
violated
the
provisions
of
this
section
.
The
commissioner
director
shall
only
make
such
an
entry
in
response
to
a
written
complaint.
c.
The
commissioner
director
shall
develop
a
written
complaint
form
applicable
to
this
section
and
make
it
available
in
division
department
offices
and
on
the
department
of
workforce
development’s
department’s
internet
site.
d.
The
commissioner
director
may
sue
for
injunctive
relief
against
the
awarding
of
a
contract,
the
undertaking
of
a
public
improvement,
or
the
continuation
of
a
public
improvement
in
response
to
a
violation
of
this
section
.
e.
The
commissioner
director
may
investigate
and
ascertain
the
residency
of
a
worker
engaged
in
any
public
improvement
in
this
state.
f.
The
commissioner
director
may
administer
oaths,
take
or
cause
to
be
taken
deposition
of
witnesses,
and
require
by
subpoena
the
attendance
and
testimony
of
witnesses
and
the
production
of
all
books,
registers,
payrolls,
and
other
evidence
relevant
to
a
matter
under
investigation
or
hearing.
g.
The
commissioner
director
may
employ
qualified
personnel
as
are
necessary
for
the
enforcement
of
this
section
.
Such
personnel
shall
be
employed
pursuant
to
the
merit
system
provisions
of
chapter
8A,
subchapter
IV
.
h.
The
commissioner
director
shall
require
a
contractor
or
subcontractor
to
file,
within
ten
days
of
receipt
of
a
request,
any
records
enumerated
in
subsection
7
.
If
the
contractor
or
subcontractor
fails
to
provide
the
requested
records
within
ten
days,
the
commissioner
director
may
direct,
within
fifteen
days
Senate
File
514,
p.
821
after
the
end
of
the
ten-day
period,
the
fiscal
or
financial
office
charged
with
the
custody
and
disbursement
of
funds
of
the
public
body
that
contracted
for
construction
of
the
public
improvement
or
undertook
the
public
improvement,
to
immediately
withhold
from
payment
to
the
contractor
or
subcontractor
up
to
twenty-five
percent
of
the
amount
to
be
paid
to
the
contractor
or
subcontractor
under
the
terms
of
the
contract
or
written
instrument
under
which
the
public
improvement
is
being
performed.
The
amount
withheld
shall
be
immediately
released
upon
receipt
by
the
public
body
of
a
notice
from
the
commissioner
indicating
that
the
request
for
records
as
required
by
this
section
has
been
satisfied.
8.
Any
person
or
entity
that
violates
the
provisions
of
this
section
is
subject
to
a
civil
penalty
in
an
amount
not
to
exceed
one
thousand
dollars
for
each
violation
found
in
a
first
investigation
by
the
division
department
,
not
to
exceed
five
thousand
dollars
for
each
violation
found
in
a
second
investigation
by
the
division
department
,
and
not
to
exceed
fifteen
thousand
dollars
for
a
third
or
subsequent
violation
found
in
any
subsequent
investigation
by
the
division
department
.
Each
violation
of
this
section
for
each
worker
and
for
each
day
the
violation
continues
constitutes
a
separate
and
distinct
violation.
In
determining
the
amount
of
the
penalty,
the
division
department
shall
consider
the
appropriateness
of
the
penalty
to
the
person
or
entity
charged,
upon
determination
of
the
gravity
of
the
violations.
The
collection
of
these
penalties
shall
be
enforced
in
a
civil
action
brought
by
the
attorney
general
on
behalf
of
the
division
department
.
9.
A
party
seeking
review
of
the
division’s
department’s
determination
pursuant
to
this
section
may
file
a
written
request
for
an
informal
conference.
The
request
must
be
received
by
the
division
department
within
fifteen
days
after
the
date
of
issuance
of
the
division’s
department’s
determination.
During
the
conference,
the
party
seeking
review
may
present
written
or
oral
information
and
arguments
as
to
why
the
division’s
department’s
determination
should
be
amended
or
vacated.
The
division
department
shall
consider
the
information
and
arguments
presented
and
issue
a
written
decision
advising
all
parties
of
the
outcome
of
the
conference.
Senate
File
514,
p.
822
Sec.
1448.
Section
91.2,
Code
2023,
is
amended
to
read
as
follows:
91.2
Appointment
Labor
commissioner
——
appointment
.
The
governor
shall
appoint,
subject
to
confirmation
by
the
senate,
a
labor
commissioner
who
shall
serve
for
a
period
of
six
years
beginning
and
ending
as
provided
in
section
69.19
at
the
pleasure
of
the
governor.
If
the
office
becomes
vacant,
the
vacancy
shall
be
filled
in
the
same
manner
as
provided
for
the
original
appointment
.
Sec.
1449.
Section
91.4,
Code
2023,
is
amended
to
read
as
follows:
91.4
Duties
and
powers
——
labor
services
.
1.
The
duties
of
said
the
commissioner
or
director,
as
applicable,
pursuant
to
this
subchapter
shall
be
as
follows
:
a.
To
safely
keep
all
records,
papers,
documents,
correspondence,
and
other
property
pertaining
to
or
coming
into
the
commissioner’s
or
director’s
hands
by
virtue
of
the
office,
and
deliver
the
same
to
the
commissioner’s
or
director’s
successor,
except
as
otherwise
provided.
b.
To
collect,
assort,
and
systematize
statistical
details
relating
to
programs
of
the
division
of
labor
services
or
department
under
this
subchapter
.
c.
To
issue
from
time
to
time
bulletins
containing
information
of
importance
to
the
industries
of
the
state
and
to
the
safety
of
wage
earners.
d.
To
conduct
and
to
cooperate
with
other
interested
persons
and
organizations
in
conducting
educational
programs
and
projects
on
employment
safety.
e.
2.
To
The
commissioner
shall
serve
as
an
ex
officio
member
of
the
state
fire
service
and
emergency
response
council
created
in
section
100B.1
,
or
shall
appoint
a
designee
to
serve
as
an
ex
officio
member
of
such
council,
to
assist
the
council
in
the
development
of
rules
relating
to
fire
fighting
training
standards
and
any
other
issues
relating
to
occupational
safety
and
health
standards
for
fire
fighters.
2.
3.
The
director
of
the
department
of
workforce
development
,
in
consultation
with
the
labor
commissioner,
shall,
at
the
time
provided
by
law,
make
an
annual
report
to
the
governor
setting
forth
in
appropriate
form
the
business
Senate
File
514,
p.
823
and
expense
of
the
division
of
labor
services
and
department
under
this
subchapter
for
the
preceding
year,
the
number
of
remedial
actions
taken
under
chapter
89A
,
the
number
of
disputes
or
violations
processed
by
the
division
or
department
and
the
disposition
of
the
disputes
or
violations,
and
other
matters
pertaining
to
the
division
or
department
under
this
subchapter
which
are
of
public
interest,
together
with
recommendations
for
change
or
amendment
of
the
laws
in
this
chapter
and
chapters
88
,
88A
,
88B
,
89
,
89A
,
89B
,
90A
,
91A
,
91C
,
91D
,
91E
,
and
92
,
and
94A
,
and
section
sections
85.67A,
and
85.68
,
and
the
recommendations,
if
any,
shall
be
transmitted
by
the
governor
to
the
first
general
assembly
in
session
after
the
report
is
filed.
3.
4.
The
commissioner
or
director,
as
applicable
,
with
the
assistance
of
the
office
of
the
attorney
general
if
requested
by
the
commissioner
or
director
,
may
commence
a
civil
action
in
any
court
of
competent
jurisdiction
to
enforce
the
statutes
under
the
commissioner’s
or
director’s
jurisdiction
under
this
subchapter
.
4.
5.
The
division
of
labor
services
or
department,
as
applicable,
may
sell
documents
printed
by
the
division
or
department
as
it
relates
to
this
subchapter
at
cost
according
to
rules
established
by
the
labor
commissioner
or
director
pursuant
to
chapter
17A
.
Receipts
from
the
sale
shall
be
deposited
to
the
credit
of
the
division
department
and
may
be
used
by
the
division
for
administrative
expenses
of
the
division
and
department
under
this
subchapter
.
5.
6.
Except
as
provided
in
chapter
91A
,
the
commissioner
or
director,
as
applicable,
may
recover
interest,
court
costs,
and
any
attorney
fees
incurred
in
recovering
any
amounts
due
under
this
subchapter
.
The
recovery
shall
only
take
place
after
final
agency
action
is
taken
under
chapter
17A
,
or
upon
judicial
review,
after
final
disposition
of
the
case
by
the
court.
Attorney
fees
recovered
in
an
action
brought
under
the
jurisdiction
of
the
commissioner
or
director
under
this
subchapter
shall
be
deposited
in
the
general
fund
of
the
state.
The
commissioner
is
and
director
are
exempt
from
the
payment
of
any
filing
fee
or
other
court
costs
including
but
not
limited
to
fees
paid
to
county
sheriffs.
6.
7.
The
commissioner
or
director
may
establish
rules
Senate
File
514,
p.
824
pursuant
to
chapter
17A
to
assess
and
collect
interest
on
fees,
penalties,
and
other
amounts
due
the
division
or
department,
as
applicable,
under
this
subchapter
.
The
commissioner
or
director
may
delay
or,
following
written
notice,
deny
the
issuance
of
a
license,
commission,
registration,
certificate,
or
permit
authorized
under
chapter
88A
,
89
,
89A
,
90A
,
or
91C
,
or
94A
if
the
applicant
for
the
license,
commission,
registration,
certificate,
or
permit
owes
a
liquidated
debt
to
the
commissioner
or
director
.
Sec.
1450.
Section
91.5,
Code
2023,
is
amended
to
read
as
follows:
91.5
Other
duties
——
jurisdiction
in
general.
The
As
provided
by
this
subchapter,
the
commissioner
or
director
shall
have
jurisdiction
and
it
shall
be
the
commissioner’s
or
director’s
duty
to
supervise
the
enforcement
of:
1.
All
laws
relating
to
safety
appliances
and
inspection
thereof
and
health
conditions
in
manufacturing
and
mercantile
establishments,
workshops,
machine
shops,
other
industrial
concerns
within
the
commissioner’s
jurisdiction
and
sanitation
and
shelter
for
railway
employees.
2.
All
laws
of
the
state
relating
to
child
labor.
3.
All
laws
relating
to
employment
agencies.
4.
Such
other
provisions
of
law
as
are
now
or
shall
hereafter
be
relating
to
this
subchapter
within
the
commissioner’s
or
director’s
jurisdiction.
Sec.
1451.
Section
91.6,
Code
2023,
is
amended
to
read
as
follows:
91.6
Rules
Labor
commissioner
——
rules
.
The
commissioner
shall
adopt
rules
pursuant
to
chapter
17A
for
the
purpose
of
administering
this
chapter
and
all
other
chapters
under
the
commissioner’s
jurisdiction
as
provided
in
section
10A.202,
subsection
1
.
Sec.
1452.
Section
91.8,
Code
2023,
is
amended
to
read
as
follows:
91.8
Traveling
expenses.
The
director,
commissioner,
inspectors
,
and
other
employees
of
the
office
division
or
department
shall
be
allowed
their
necessary
traveling
expenses
while
in
the
discharge
of
their
Senate
File
514,
p.
825
duties
under
this
subchapter
.
Sec.
1453.
Section
91.9,
Code
2023,
is
amended
to
read
as
follows:
91.9
Right
to
enter
premises.
The
labor
director,
commissioner
,
and
the
inspectors
shall
have
the
power
to
enter
any
factory
or
mill,
workshop,
mine,
store,
railway
facility,
including
locomotive
or
caboose,
business
house,
or
public
or
private
work,
when
the
same
is
open
or
in
operation,
for
the
purpose
of
gathering
facts
and
statistics
such
as
are
contemplated
by
this
chapter
subchapter
,
and
to
examine
into
the
methods
of
protection
from
danger
to
employees,
and
the
sanitary
conditions
in
and
around
such
buildings
and
places,
and
make
a
record
thereof.
Sec.
1454.
Section
91.10,
Code
2023,
is
amended
to
read
as
follows:
91.10
Power
to
secure
evidence.
The
labor
director
or
commissioner,
or
the
commissioner’s
designee
as
applicable
,
may
issue
subpoenas,
administer
oaths,
and
take
testimony
in
all
matters
relating
to
the
duties
required
of
them
the
director
or
commissioner
under
this
subchapter
.
Witnesses
subpoenaed
and
testifying
before
the
director
or
commissioner
or
the
commissioner’s
designee
shall
be
paid
the
same
fees
as
witnesses
under
section
622.69
,
payment
to
be
made
out
of
the
funds
appropriated
to
the
department
or
division
of
labor
services
,
as
applicable
.
Sec.
1455.
Section
91.11,
Code
2023,
is
amended
to
read
as
follows:
91.11
Prosecutions
for
violations
——
labor
services
.
1.
If
the
director
or
commissioner
learns
of
any
violation
of
any
law
administered
by
the
department
or
division
under
this
subchapter
,
the
director
or
commissioner
may
give
the
county
attorney
of
the
county
in
which
the
violation
occurred
written
notice
of
the
facts,
whereupon
that
officer
shall
institute
the
proper
proceedings
against
the
person
charged
with
the
offense.
2.
If
the
director
or
commissioner
is
of
the
opinion
that
the
violation
is
not
willful,
or
is
an
oversight
or
of
a
trivial
nature,
the
director
or
commissioner
may
at
the
director’s
or
commissioner’s
discretion
fix
a
time
within
which
the
violation
shall
be
corrected
and
notify
the
owner,
Senate
File
514,
p.
826
operator,
superintendent,
or
person
in
charge.
If
the
violation
is
corrected
within
the
time
fixed,
then
the
director
or
commissioner
shall
not
cause
prosecution
to
be
begun.
Sec.
1456.
Section
91.15,
Code
2023,
is
amended
to
read
as
follows:
91.15
Definition
of
additional
terms.
The
expressions
“factory”
,
“mill”
,
“workshop”
,
“mine”
,
“store”
,
“railway”
,
“business
house”
,
and
“public
or
private
work”
,
as
used
in
this
chapter
subchapter
,
shall
be
construed
to
mean
any
factory,
mill,
workshop,
mine,
store,
railway,
business
house,
or
public
or
private
work,
where
wage
earners
are
employed
for
a
compensation.
Sec.
1457.
Section
91.16,
Code
2023,
is
amended
to
read
as
follows:
91.16
Violations
——
penalties.
Persons
violating
any
of
the
provisions
of
this
chapter
subchapter
shall
be
punished
as
in
this
section
provided,
respectively:
1.
Any
owner,
superintendent,
manager,
or
person
in
charge
of
any
factory,
mill,
workshop,
store,
mine,
hotel,
restaurant,
cafe,
railway,
business
house,
or
public
or
private
work,
who
shall
refuse
to
allow
the
labor
director,
commissioner
,
or
any
inspector
or
employee
of
the
department
or
division
of
labor
services
to
enter
the
same,
or
who
shall
hinder
or
deter
the
director,
commissioner,
inspector,
or
employee
in
collecting
information
which
it
is
that
person’s
duty
to
collect
shall
be
guilty
of
a
simple
misdemeanor.
2.
Any
officer
or
employee
of
the
department
or
division
of
labor
services
,
or
any
person
making
unlawful
use
of
names
or
information
obtained
under
this
subchapter
by
virtue
of
the
person’s
office,
shall
be
guilty
of
a
serious
misdemeanor.
3.
Any
owner,
operator,
or
manager
of
a
factory,
mill,
workshop,
mine,
store,
railway,
business
house,
or
public
or
private
work,
who
shall
neglect
or
refuse
for
thirty
days
after
receipt
of
notice
from
the
director
or
commissioner
to
furnish
any
reports
or
returns
the
director
or
commissioner
may
require
to
enable
the
director
or
commissioner
to
discharge
the
director’s
or
commissioner’s
duties
under
this
subchapter
shall
be
guilty
of
a
simple
misdemeanor.
Senate
File
514,
p.
827
Sec.
1458.
REPEAL.
Section
91.1,
Code
2023,
is
repealed.
Sec.
1459.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
91.2
to
section
10A.203.
b.
Section
91.4
to
section
10A.204.
c.
Section
91.5
to
section
10A.205.
d.
Section
91.6
to
section
10A.206.
e.
Section
91.8
to
section
10A.207.
f.
Section
91.9
to
section
10A.208.
g.
Section
91.10
to
section
10A.209.
h.
Section
91.11
to
section
10A.210.
i.
Section
91.15
to
section
10A.201.
j.
Section
91.16
to
section
10A.211.
k.
Section
73A.21
to
section
8A.311B.
2.
The
Code
editor
is
directed
to
rename
article
II
in
chapter
10A
as
follows:
Article
II
shall
be
subchapter
II
and
shall
be
entitled
“Labor
Services”
and
include
sections
10A.200
through
10A.211.
3.
The
Code
editor
may
modify
subchapter
titles
if
necessary
and
is
directed
to
correct
internal
references
in
the
Code
as
necessary
due
to
enactment
of
this
section.
WORKERS’
COMPENSATION
Sec.
1460.
NEW
SECTION
.
10A.301
Definitions.
As
used
in
this
subchapter,
unless
the
context
otherwise
requires:
1.
“Commissioner”
means
the
workers’
compensation
commissioner
appointed
pursuant
to
section
86.1,
or
the
commissioner’s
designee.
2.
“Division”
means
the
division
of
workers’
compensation
of
the
department
of
inspections,
appeals,
and
licensing.
Sec.
1461.
NEW
SECTION
.
10A.302
Workers’
compensation
——
responsibilities.
The
division
is
responsible
for
the
administration
of
the
laws
of
this
state
relating
to
workers’
compensation
under
this
subchapter
and
chapters
85,
85A,
85B,
and
87.
The
executive
head
of
the
division
is
the
workers’
compensation
commissioner,
appointed
pursuant
to
section
86.1.
Sec.
1462.
Section
86.1,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
828
follows:
86.1
Workers’
compensation
commissioner
——
term
appointment
.
The
governor
shall
appoint,
subject
to
confirmation
by
the
senate,
a
workers’
compensation
commissioner
whose
term
of
office
who
shall
be
six
years
beginning
and
ending
as
provided
in
section
69.19
serve
at
the
pleasure
of
the
governor
.
The
workers’
compensation
commissioner
shall
maintain
an
office
at
the
seat
of
government.
If
the
office
becomes
vacant,
the
vacancy
shall
be
filled
in
the
same
manner
as
provided
for
the
original
appointment.
The
workers’
compensation
commissioner
must
be
a
lawyer
admitted
to
practice
in
this
state.
Sec.
1463.
Section
86.7,
Code
2023,
is
amended
to
read
as
follows:
86.7
Interest
in
affected
business.
It
shall
be
unlawful
for
the
commissioner
to
be
financially
interested
in
any
business
enterprise
coming
under
or
affected
by
this
chapter
subchapter
during
the
commissioner’s
term
of
office,
and
if
the
commissioner
violates
this
statute,
it
shall
be
sufficient
grounds
for
removal
from
office,
and
in
such
case
the
governor
shall
at
once
declare
the
office
vacant
and
appoint
another
to
fill
the
vacancy.
Sec.
1464.
Section
86.8,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Adopt
and
enforce
rules
necessary
to
implement
this
chapter
subchapter
and
chapters
85
,
85A
,
85B
,
and
87
.
Sec.
1465.
Section
86.9,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
The
director
of
the
department
of
workforce
development
,
in
consultation
with
the
commissioner,
shall,
at
the
time
provided
by
law,
make
an
annual
report
to
the
governor
setting
forth
in
appropriate
form
the
business
and
expense
of
the
division
of
workers’
compensation
for
the
preceding
year,
the
number
of
claims
processed
by
the
division
and
the
disposition
of
the
claims,
and
other
matters
pertaining
to
the
division
which
are
of
public
interest,
together
with
recommendations
for
change
or
amendment
of
the
laws
in
this
chapter
subchapter
and
chapters
85
,
85A
,
85B
,
and
87
,
and
the
recommendations,
if
any,
shall
be
transmitted
by
the
governor
to
the
first
general
assembly
in
session
after
the
report
is
filed.
Senate
File
514,
p.
829
2.
The
commissioner,
after
consultation
with
the
director
of
the
department
of
workforce
development
,
may
compile
an
annual
report
setting
forth
the
final
decisions,
rulings,
and
orders
of
the
division
for
the
preceding
year
and
setting
forth
other
matters
or
information
which
the
commissioner
considers
desirable
for
publication.
Sec.
1466.
Section
86.13,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
If
an
employer
or
insurance
carrier
pays
weekly
compensation
benefits
to
an
employee,
the
employer
or
insurance
carrier
shall
file
with
the
workers’
compensation
commissioner
in
the
form
and
manner
required
by
the
workers’
compensation
commissioner
a
notice
of
the
commencement
of
the
payments.
The
payments
establish
conclusively
that
the
employer
and
insurance
carrier
have
notice
of
the
injury
for
which
benefits
are
claimed
but
the
payments
do
not
constitute
an
admission
of
liability
under
this
chapter
subchapter
or
chapter
85
,
85A
,
or
85B
.
Sec.
1467.
Section
86.13,
subsection
4,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
If
a
denial,
a
delay
in
payment,
or
a
termination
of
benefits
occurs
without
reasonable
or
probable
cause
or
excuse
known
to
the
employer
or
insurance
carrier
at
the
time
of
the
denial,
delay
in
payment,
or
termination
of
benefits,
the
workers’
compensation
commissioner
shall
award
benefits
in
addition
to
those
benefits
payable
under
this
chapter
subchapter
,
or
chapter
85
,
85A
,
or
85B
,
up
to
fifty
percent
of
the
amount
of
benefits
that
were
denied,
delayed,
or
terminated
without
reasonable
or
probable
cause
or
excuse.
Sec.
1468.
Section
86.17,
Code
2023,
is
amended
to
read
as
follows:
86.17
Hearings
——
presiding
officer
——
venue.
1.
Notwithstanding
the
provisions
of
section
17A.11
,
the
workers’
compensation
commissioner
or
a
deputy
workers’
compensation
commissioner
shall
preside
over
any
contested
case
proceeding
brought
under
this
chapter
subchapter
,
or
chapter
85
,
85A
,
or
85B
in
the
manner
provided
by
chapter
17A
.
The
deputy
commissioner
or
the
commissioner
may
make
such
inquiries
in
contested
case
proceedings
as
shall
be
deemed
necessary,
so
long
as
such
inquiries
do
not
violate
any
of
the
provisions
of
Senate
File
514,
p.
830
section
17A.17
.
2.
Hearings
in
contested
case
proceedings
under
this
subchapter
and
chapters
85
,
and
85A
and
this
chapter
shall
be
held
in
the
judicial
district
where
the
injury
occurred.
By
written
stipulation
of
the
parties
or
by
the
order
of
a
deputy
workers’
compensation
commissioner
or
the
commissioner,
a
hearing
may
be
held
elsewhere.
If
the
injury
occurred
outside
this
state,
or
if
the
proceeding
is
not
one
for
benefits
resulting
from
an
injury,
hearings
shall
be
held
in
Polk
county
or
as
otherwise
stipulated
by
the
parties
or
by
order
of
a
deputy
workers’
compensation
commissioner
or
the
workers’
compensation
commissioner.
Sec.
1469.
Section
86.18,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Evidence,
process
and
procedure
in
contested
case
proceedings
or
appeal
proceedings
within
the
agency
under
this
chapter,
subchapter
and
chapters
85
and
85A
shall
be
as
summary
as
practicable
consistent
with
the
requirements
of
chapter
17A
.
Sec.
1470.
Section
86.19,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
workers’
compensation
commissioner,
or
a
deputy
commissioner,
may
appoint
or
may
direct
a
party
to
furnish
at
the
party’s
initial
expense
a
certified
shorthand
reporter
to
be
present
and
report,
or
to
furnish
mechanical
means
to
record,
and
if
necessary,
transcribe
proceedings
of
any
contested
case
under
this
chapter,
subchapter
and
chapters
85
and
85A
and
fix
the
reasonable
amount
of
compensation
for
such
service.
The
charges
shall
be
taxed
as
costs
and
the
party
initially
paying
the
expense
of
the
presence
or
transcription
shall
be
reimbursed.
The
reporter
shall
faithfully
and
accurately
report
the
proceedings.
Sec.
1471.
Section
86.24,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Any
party
aggrieved
by
a
decision,
order,
ruling,
finding
or
other
act
of
a
deputy
commissioner
in
a
contested
case
proceeding
arising
under
this
chapter
subchapter
or
chapter
85
or
85A
may
appeal
to
the
workers’
compensation
commissioner
in
the
time
and
manner
provided
by
rule.
The
hearing
on
an
appeal
shall
be
in
Polk
county
unless
the
workers’
compensation
Senate
File
514,
p.
831
commissioner
shall
direct
the
hearing
be
held
elsewhere.
Sec.
1472.
Section
86.26,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Judicial
review
of
decisions
or
orders
of
the
workers’
compensation
commissioner
may
be
sought
in
accordance
with
chapter
17A
.
Notwithstanding
chapter
17A
,
the
Iowa
administrative
procedure
Act,
petitions
for
judicial
review
may
be
filed
in
the
district
court
of
the
county
in
which
the
hearing
under
section
86.17
was
held,
the
workers’
compensation
commissioner
shall
transmit
to
the
reviewing
court
the
original
or
a
certified
copy
of
the
entire
record
of
the
contested
case
which
is
the
subject
of
the
petition
within
thirty
days
after
receiving
written
notice
from
the
party
filing
the
petition
that
a
petition
for
judicial
review
has
been
filed,
and
an
application
for
stay
of
agency
action
during
the
pendency
of
judicial
review
shall
not
be
filed
in
the
division
of
workers’
compensation
of
the
department
of
workforce
development
but
shall
be
filed
with
the
district
court.
Such
a
review
proceeding
shall
be
accorded
priority
over
other
matters
pending
before
the
district
court.
Sec.
1473.
Section
86.29,
Code
2023,
is
amended
to
read
as
follows:
86.29
The
judicial
review
petition.
Notwithstanding
chapter
17A
,
the
Iowa
administrative
procedure
Act,
in
a
petition
for
judicial
review
of
a
decision
of
the
workers’
compensation
commissioner
in
a
contested
case
under
this
chapter
subchapter
or
chapter
85
,
85A
,
85B
,
or
87
,
the
opposing
party
shall
be
named
the
respondent,
and
the
agency
shall
not
be
named
as
a
respondent.
Sec.
1474.
Section
86.39,
Code
2023,
is
amended
to
read
as
follows:
86.39
Fees
——
approval.
1.
All
fees
or
claims
for
legal,
medical,
hospital,
and
burial
services
rendered
under
this
chapter
subchapter
and
chapters
85
,
85A
,
85B
,
and
87
are
subject
to
the
approval
of
the
workers’
compensation
commissioner.
For
services
rendered
in
the
district
court
and
appellate
courts,
the
attorney
fee
is
subject
to
the
approval
of
a
judge
of
the
district
court.
2.
An
attorney
shall
not
recover
fees
for
legal
services
Senate
File
514,
p.
832
based
on
the
amount
of
compensation
voluntarily
paid
or
agreed
to
be
paid
to
an
employee
for
temporary
or
permanent
disability
under
this
chapter
subchapter
,
or
chapter
85
,
85A
,
85B
,
or
87
.
An
attorney
shall
only
recover
a
fee
based
on
the
amount
of
compensation
that
the
attorney
demonstrates
would
not
have
been
paid
to
the
employee
but
for
the
efforts
of
the
attorney.
Any
disputes
over
the
recovery
of
attorney
fees
under
this
subsection
shall
be
resolved
by
the
workers’
compensation
commissioner.
Sec.
1475.
Section
86.43,
Code
2023,
is
amended
to
read
as
follows:
86.43
Judgment
——
modification.
Upon
the
presentation
to
the
court
of
a
file-stamped
copy
of
a
decision
of
the
workers’
compensation
commissioner,
ending,
diminishing,
or
increasing
the
compensation
under
the
provisions
of
this
chapter
subchapter
,
the
court
shall
revoke
or
modify
the
decree
or
judgment
to
conform
to
such
decision.
Sec.
1476.
Section
86.44,
Code
2023,
is
amended
to
read
as
follows:
86.44
Confidentiality.
1.
All
verbal
or
written
information
relating
to
the
subject
matter
of
an
agreement
and
transmitted
between
any
party
to
a
dispute
and
a
mediator
to
resolve
a
dispute
pursuant
to
this
chapter
subchapter
or
chapter
85
,
85A
,
or
85B
,
during
any
stage
of
a
mediation
or
a
dispute
resolution
process
conducted
by
a
mediator
as
provided
in
this
section
,
whether
reflected
in
notes,
memoranda,
or
other
work
products
in
the
case
files,
is
a
confidential
communication
except
as
otherwise
expressly
provided
in
this
chapter
.
Mediators
involved
in
a
mediation
or
a
dispute
resolution
process
shall
not
be
examined
in
any
judicial
or
administrative
proceeding
regarding
confidential
communications
and
are
not
subject
to
judicial
or
administrative
process
requiring
the
disclosure
of
confidential
communications.
2.
For
purposes
of
this
section
,
“mediator”
means
a
chief
deputy
workers’
compensation
commissioner
or
deputy
workers’
compensation
commissioner
acting
in
the
capacity
to
resolve
a
dispute
pursuant
to
this
chapter
subchapter
or
chapter
85
,
85A
,
or
85B
,
or
an
employee
of
the
division
of
workers’
compensation
Senate
File
514,
p.
833
involved
during
any
stage
of
a
process
to
resolve
a
dispute.
Sec.
1477.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
86.1
to
section
10A.303.
b.
Section
86.2
to
section
10A.304.
c.
Section
86.3
to
section
10A.305.
d.
Section
86.4
to
section
10A.306.
e.
Section
86.5
to
section
10A.307.
f.
Section
86.6
to
section
10A.308.
g.
Section
86.7
to
section
10A.309.
h.
Section
86.8
to
section
10A.310.
i.
Section
86.9
to
section
10A.311.
j.
Section
86.10
to
section
10A.312.
k.
Section
86.11
to
section
10A.313.
l.
Section
86.12
to
section
10A.314.
m.
Section
86.13
to
section
10A.315.
n.
Section
86.13A
to
section
10A.316.
o.
Section
86.14
to
section
10A.317.
p.
Section
86.17
to
section
10A.318.
q.
Section
86.18
to
section
10A.319.
r.
Section
86.19
to
section
10A.320.
s.
Section
86.24
to
section
10A.321.
t.
Section
86.26
to
section
10A.322.
u.
Section
86.27
to
section
10A.323.
v.
Section
86.29
to
section
10A.324.
w.
Section
86.32
to
section
10A.325.
x.
Section
86.38
to
section
10A.326.
y.
Section
86.39
to
section
10A.327.
z.
Section
86.40
to
section
10A.328.
aa.
Section
86.41
to
section
10A.329.
ab.
Section
86.42
to
section
10A.330.
ac.
Section
86.43
to
section
10A.331.
ad.
Section
86.44
to
section
10A.332.
ae.
Section
86.45
to
section
10A.333.
2.
The
Code
editor
is
directed
to
rename
article
III
in
chapter
10A
as
follows:
Article
III
shall
be
subchapter
III
and
shall
be
entitled
“Workers’
Compensation”
and
include
sections
10A.301
through
Senate
File
514,
p.
834
10A.333.
3.
The
Code
editor
may
modify
subchapter
titles
if
necessary
and
is
directed
to
correct
internal
references
in
the
Code
as
necessary
due
to
enactment
of
this
section.
LICENSING
AND
REGULATION
ACTIVITIES
Sec.
1478.
NEW
SECTION
.
10A.502
Responsibilities.
The
director
shall
coordinate
the
department’s
conduct
of
various
licensing
and
regulatory
functions
of
the
state
under
the
administrative
authority
of
the
department
including
but
not
limited
to
all
of
the
following:
1.
Licensing
and
regulation
of
certain
fire
control
and
building
code-related
activities
and
professions.
2.
Licensing
and
regulation
of
certain
health-related
professions.
3.
Licensing
and
regulation
of
certain
business
and
commerce-related
professions.
Sec.
1479.
NEW
SECTION
.
10A.511
Fire
control
duties.
The
duties
of
the
director
as
it
relates
to
fire
control
shall
be
as
follows:
1.
To
enforce
all
laws,
and
the
rules
and
regulations
of
the
department
concerned
with
all
of
the
following:
a.
The
prevention
of
fires.
b.
The
storage,
transportation,
handling,
and
use
of
flammable
liquids,
combustibles,
fireworks,
and
explosives.
c.
The
storage,
transportation,
handling,
and
use
of
liquid
petroleum
gas.
d.
The
electric
wiring
and
heating,
and
adequate
means
of
exit
in
case
of
fire,
from
churches,
schools,
hotels,
theaters,
amphitheaters,
asylums,
hospitals,
health
care
facilities
as
defined
in
section
135C.1,
college
buildings,
lodge
halls,
public
meeting
places,
and
all
other
structures
in
which
persons
congregate
from
time
to
time,
whether
publicly
or
privately
owned.
2.
To
promote
fire
safety
and
reduction
of
loss
by
fire
through
educational
methods.
3.
To
promulgate
fire
safety
rules
in
consultation
with
the
state
fire
marshal.
The
director
shall
have
exclusive
right
to
promulgate
fire
safety
rules
as
they
apply
to
enforcement
or
inspection
requirements
by
the
department,
but
the
rules
Senate
File
514,
p.
835
shall
be
promulgated
pursuant
to
chapter
17A.
Wherever
by
any
statute
the
director
or
the
department
is
authorized
or
required
to
promulgate,
proclaim,
or
amend
rules
and
minimum
standards
regarding
fire
hazards
or
fire
safety
or
protection
in
any
establishment,
building,
or
structure,
the
rules
and
standards
shall
promote
and
enforce
fire
safety,
fire
protection,
and
the
elimination
of
fire
hazards
as
the
rules
may
relate
to
the
use,
occupancy,
and
construction
of
the
buildings,
establishments,
or
structures.
The
word
“construction”
shall
include
but
is
not
limited
to
electrical
wiring,
plumbing,
heating,
lighting,
ventilation,
construction
materials,
entrances
and
exits,
and
all
other
physical
conditions
of
the
building
which
may
affect
fire
hazards,
safety,
or
protection.
The
rules
and
minimum
standards
shall
be
in
substantial
compliance
except
as
otherwise
specifically
provided
in
this
chapter,
with
the
standards
of
the
national
fire
protection
association
relating
to
fire
safety
as
published
in
the
national
fire
codes.
4.
To
adopt
rules
designating
a
fee
to
be
assessed
to
each
building,
structure,
or
facility
for
which
a
fire
safety
inspection
or
plan
review
by
the
director
is
required
by
law.
The
fee
designated
by
rule
shall
be
set
in
an
amount
that
is
reasonably
related
to
the
costs
of
conducting
the
applicable
inspection
or
plan
review.
The
fees
collected
by
the
department
shall
be
deposited
in
the
general
fund
of
the
state.
5.
To
administer
the
fire
extinguishing
system
contractor,
alarm
system
contractor,
and
alarm
system
installer
certification
program
established
in
chapter
100C.
6.
To
order
the
suspension
of
the
use
of
consumer
fireworks,
display
fireworks,
or
novelties,
as
described
in
section
727.2,
if
the
state
fire
marshal
determines
that
the
use
of
such
devices
would
constitute
a
threat
to
public
safety.
Sec.
1480.
NEW
SECTION
.
10A.512
Inspections.
The
director,
and
the
director’s
designated
subordinates,
in
the
performance
of
their
duties
under
this
part,
shall
have
authority
to
enter
any
building
or
premises
and
to
examine
the
same
and
the
contents
thereof.
Sec.
1481.
NEW
SECTION
.
10A.533
Enforcement.
1.
If
any
local
board,
as
defined
in
section
135.1,
shall
fail
to
enforce
the
rules
of
the
department
under
this
part
or
Senate
File
514,
p.
836
carry
out
the
department’s
lawful
directions
under
this
part,
the
department
may
enforce
the
same
within
the
territorial
jurisdiction
of
such
local
board,
and
for
that
purpose
it
may
exercise
all
of
the
powers
given
by
statute
to
the
local
board,
and
may
employ
the
necessary
assistants
to
carry
out
its
lawful
directions.
2.
All
expenses
incurred
by
the
department
in
determining
whether
its
rules
are
enforced
by
a
local
board
under
this
part,
and
in
enforcing
the
same
when
a
local
board
has
failed
to
do
so,
shall
be
paid
in
the
same
manner
as
the
expenses
of
enforcing
such
rules
when
enforced
by
the
local
board.
3.
All
peace
officers
of
the
state
when
called
upon
by
the
department
shall
enforce
the
department’s
rules
under
this
part
and
execute
the
lawful
orders
of
the
department
under
this
part
within
their
respective
jurisdictions.
Sec.
1482.
NEW
SECTION
.
10A.534
Penalties.
1.
Any
person
who
knowingly
violates
any
provision
of
this
part,
or
of
the
rules
of
the
department
under
this
part,
or
any
lawful
order,
written
or
oral,
of
the
department
or
of
its
officers,
or
authorized
agents
under
this
part,
shall
be
guilty
of
a
simple
misdemeanor.
2.
Any
person
resisting
or
interfering
with
the
department,
its
employees,
or
authorized
agents,
in
the
discharge
of
any
duty
imposed
by
law
under
this
part
shall
be
guilty
of
a
simple
misdemeanor.
Sec.
1483.
Section
12.83,
Code
2023,
is
amended
to
read
as
follows:
12.83
School
infrastructure
fund
moneys
——
state
fire
marshal
allocation
to
department
of
inspections,
appeals,
and
licensing
.
During
the
term
of
the
school
infrastructure
program
established
in
section
292.2
,
up
to
fifty
thousand
dollars
of
the
moneys
deposited
each
fiscal
year
in
the
school
infrastructure
fund
shall
be
allocated
each
fiscal
year
to
the
department
of
public
safety
inspections,
appeals,
and
licensing
for
the
use
of
the
state
fire
marshal
department
.
The
funds
shall
be
used
by
the
state
fire
marshal
department
solely
for
the
purpose
of
retaining
an
architect
or
architectural
firm
to
evaluate
structures
for
which
school
infrastructure
program
grant
applications
are
made,
to
consult
with
school
Senate
File
514,
p.
837
district
representatives,
to
review
construction
drawings
and
blueprints,
and
to
perform
related
duties
at
the
direction
of
the
state
fire
marshal
department
to
ensure
the
best
possible
use
of
moneys
received
by
a
school
district
under
the
school
infrastructure
program.
The
state
fire
marshal
department
shall
provide
for
the
review
of
plans,
drawings,
and
blueprints
in
a
timely
manner.
Sec.
1484.
Section
72.5,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
director
of
the
economic
development
authority,
in
consultation
with
the
department
of
management
,
and
the
state
building
code
commissioner,
and
state
fire
marshal,
shall
develop
standards
and
methods
to
evaluate
design
development
documents
and
construction
documents
based
upon
life
cycle
cost
factors
to
facilitate
fair
and
uniform
comparisons
between
design
proposals
and
informed
decision
making
by
public
bodies.
Sec.
1485.
Section
88A.11,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
A
concession
booth,
amusement
device
or
ride
which
is
owned
and
operated
by
a
nonprofit
religious,
educational
or
charitable
institution
or
association
if
such
booth,
device
or
ride
is
located
within
a
building
subject
to
inspection
by
the
state
fire
marshal
director
or
by
any
political
subdivisions
of
the
state
under
its
building,
fire,
electrical,
and
related
public
safety
ordinances.
Sec.
1486.
Section
100.1,
subsections
3,
4,
5,
6,
and
7,
Code
2023,
are
amended
by
striking
the
subsections.
Sec.
1487.
Section
100.1,
subsection
8,
Code
2023,
is
amended
to
read
as
follows:
8.
To
recommend
to
the
director
of
the
department
of
inspections,
appeals,
and
licensing,
that
the
director
order
the
suspension
of
the
use
of
consumer
fireworks,
display
fireworks,
or
novelties,
as
described
in
section
727.2
,
if
the
fire
marshal
determines
that
the
use
of
such
devices
would
constitute
a
threat
to
public
safety.
Sec.
1488.
Section
100.11,
Code
2023,
is
amended
to
read
as
follows:
100.11
Fire
escapes.
It
shall
be
the
duty
of
the
fire
marshal
director
to
enforce
Senate
File
514,
p.
838
all
laws
relating
to
fire
escapes.
Sec.
1489.
Section
100.12,
Code
2023,
is
amended
to
read
as
follows:
100.12
Authority
for
inspection
——
orders.
The
chief
of
a
fire
department
or
an
authorized
subordinate
who
is
trained
in
fire
prevention
safety
standards
may
enter
a
building
or
premises
at
a
reasonable
hour
to
examine
the
building
or
premises
and
its
contents.
The
examining
official
shall
order
the
correction
of
a
condition
which
is
in
violation
of
this
chapter
,
a
rule
adopted
under
this
chapter
,
or
a
city
or
county
fire
safety
ordinance.
The
order
shall
be
in
writing
or,
if
the
danger
is
imminent,
orally
followed
by
a
written
order.
The
examining
official
shall
enforce
the
order
in
accordance
with
the
applicable
law
or
ordinance.
At
the
request
of
the
examining
official
the
state
fire
marshal
director
may
assist
in
an
enforcement
action.
Sec.
1490.
Section
100.13,
Code
2023,
is
amended
to
read
as
follows:
100.13
Violations
——
orders.
1.
If
a
person
has
violated
or
is
violating
a
provision
of
this
chapter
or
a
rule
adopted
pursuant
to
this
chapter
,
the
state
fire
marshal
director
,
the
chief
of
any
fire
department,
or
the
fire
prevention
officer
of
a
fire
department
organized
under
chapter
400
may
issue
an
order
directing
the
person
to
desist
in
the
practice
which
constitutes
the
violation
and
to
take
corrective
action
as
necessary
to
ensure
that
the
violation
will
cease.
The
order
shall
be
in
writing
and
shall
specify
a
reasonable
time
by
which
the
person
shall
comply
with
the
order.
The
person
to
whom
the
order
is
issued
may
appeal
the
order
as
provided
in
chapter
17A
.
On
appeal,
the
administrative
law
judge
may
affirm,
modify,
or
vacate
the
order.
Judicial
review
may
be
sought
in
accordance
with
chapter
17A
.
2.
Notwithstanding
any
other
provision
of
law
to
the
contrary,
if
the
state
fire
marshal
director
determines
that
an
emergency
exists
respecting
any
matter
affecting
or
likely
to
affect
the
public
safety,
the
fire
marshal
director
may
issue
any
order
necessary
to
terminate
the
emergency
without
notice
or
hearing.
An
emergency
order
is
binding
and
effective
immediately,
until
or
unless
the
order
is
modified,
vacated,
or
Senate
File
514,
p.
839
stayed
at
an
administrative
hearing
or
by
a
district
court.
Sec.
1491.
Section
100.14,
Code
2023,
is
amended
to
read
as
follows:
100.14
Legal
proceedings
——
penalties
——
injunctive
relief.
At
the
request
of
the
state
fire
marshal
director
,
the
county
attorney
shall
institute
any
legal
proceedings
on
behalf
of
the
state
necessary
to
obtain
compliance
or
enforce
the
penalty
provisions
of
this
chapter
or
rules
or
orders
adopted
or
issued
pursuant
to
this
chapter
,
including,
but
not
limited
to,
a
legal
action
for
injunctive
relief.
The
county
attorney
or
any
other
attorney
acting
on
behalf
of
the
chief
of
a
fire
department
or
a
fire
prevention
officer
may
institute
legal
proceedings,
including,
but
not
limited
to,
a
legal
action
for
injunctive
relief,
to
obtain
compliance
or
enforce
the
penalty
provisions
or
orders
issued
pursuant
to
section
100.13
.
Sec.
1492.
Section
100.16,
Code
2023,
is
amended
to
read
as
follows:
100.16
Judicial
review
——
court
costs.
1.
Judicial
review
of
actions
of
the
fire
marshal
director
may
be
sought
in
accordance
with
the
terms
of
the
Iowa
administrative
procedure
Act
pursuant
to
chapter
17A
.
If
legal
proceedings
have
been
instituted
pursuant
to
section
100.14
,
all
related
issues
which
could
otherwise
be
raised
in
a
proceeding
for
judicial
review
shall
be
raised
in
the
legal
proceedings
instituted
pursuant
to
section
100.14
.
2.
Upon
judicial
review
of
the
fire
marshal’s
director’s
action,
if
the
court
affirms
the
agency
action,
the
court
shall
tax
all
court
costs
of
the
review
proceeding
against
the
appellant.
However,
if
the
court
reverses,
revokes,
or
annuls
the
fire
marshal’s
director’s
action,
the
court
shall
tax
all
court
costs
of
the
review
proceeding
against
the
agency.
If
the
fire
marshal’s
director’s
action
is
modified
or
the
matter
is
remanded
to
the
agency
for
further
proceedings,
the
court
shall
apportion
the
court
costs
within
the
discretion
of
the
court.
Sec.
1493.
Section
100.18,
subsections
2,
3,
4,
5,
6,
and
7,
Code
2023,
are
amended
to
read
as
follows:
2.
a.
Except
as
provided
in
subsection
4
,
multiple-unit
residential
buildings
and
single-family
dwellings
the
construction
of
which
is
begun
on
or
after
July
1,
1991,
shall
Senate
File
514,
p.
840
include
the
installation
of
smoke
detectors
in
compliance
with
the
rules
established
by
the
state
fire
marshal
director
under
subsection
5
.
b.
The
rules
shall
require
the
installation
of
smoke
detectors
in
existing
single-family
rental
units
and
multiple-unit
residential
buildings.
Existing
single-family
dwelling
units
shall
be
equipped
with
approved
smoke
detectors.
A
person
who
files
for
a
homestead
credit
pursuant
to
chapter
425
shall
certify
that
the
single-family
dwelling
unit
for
which
the
credit
is
filed
has
a
smoke
detector
installed
in
compliance
with
this
section
,
or
that
one
will
be
installed
within
thirty
days
of
the
date
the
filing
for
the
credit
is
made.
The
state
fire
marshal
director
shall
adopt
rules
and
establish
appropriate
procedures
to
administer
this
subsection
.
c.
An
owner
or
an
owner’s
agent
of
a
multiple-unit
residential
building
or
single-family
dwelling
shall
supply
light-emitting
smoke
detectors,
upon
request,
for
a
tenant
who
is
deaf
or
hard
of
hearing.
3.
a.
Multiple-unit
residential
buildings
and
single-family
dwellings,
the
construction
of
which
is
begun
on
or
after
July
1,
2018,
and
that
have
a
fuel-fired
heater
or
appliance,
a
fireplace,
or
an
attached
garage,
shall
include
the
installation
of
carbon
monoxide
alarms
in
compliance
with
the
rules
established
by
the
state
fire
marshal
director
under
subsection
5
.
b.
The
rules
shall
require
the
installation
of
carbon
monoxide
alarms
in
existing
single-family
rental
units
and
multiple-unit
residential
buildings
that
have
a
fuel-fired
heater
or
appliance,
a
fireplace,
or
an
attached
garage.
Existing
single-family
dwellings
that
have
a
fuel-fired
heater
or
appliance,
a
fireplace,
or
an
attached
garage
shall
be
equipped
with
approved
carbon
monoxide
alarms.
For
purposes
of
this
paragraph,
“approved
carbon
monoxide
alarm”
means
a
carbon
monoxide
alarm
that
meets
the
standards
established
by
the
underwriters’
laboratories
or
is
approved
by
the
state
fire
marshal
director
as
established
by
rule
under
subsection
5
.
A
person
who
files
for
a
homestead
credit
pursuant
to
chapter
425
shall
certify
that
the
single-family
dwelling
for
which
the
credit
is
filed
and
that
has
a
fuel-fired
heater
or
appliance,
Senate
File
514,
p.
841
a
fireplace,
or
an
attached
garage,
has
carbon
monoxide
alarms
installed
in
compliance
with
this
section
,
or
that
such
alarms
will
be
installed
within
thirty
days
of
the
date
the
filing
for
the
credit
is
made.
The
state
fire
marshal
director
shall
adopt
rules
and
establish
appropriate
procedures
to
administer
this
subsection
.
c.
An
owner
of
a
multiple-unit
residential
building
or
a
single-family
rental
unit
that
has
a
fuel-fired
heater
or
appliance,
a
fireplace,
or
an
attached
garage,
or
an
owner’s
agent,
shall
supply
light-emitting
carbon
monoxide
alarms,
upon
request,
for
a
tenant
who
is
deaf
or
hard
of
hearing.
d.
The
owner
of
a
building
requiring
the
installation
of
carbon
monoxide
alarms
under
this
subsection
shall
install
a
carbon
monoxide
alarm
in
a
location
as
specified
by
rules
established
by
the
state
fire
marshal
director
under
subsection
5
,
taking
into
account
the
number
and
location
of
all
fuel
sources
in
the
building.
4.
This
section
does
not
require
the
following:
a.
The
installation
of
smoke
detectors
in
multiple-unit
residential
buildings
which,
on
July
1,
1981,
are
equipped
with
heat
detection
devices
or
a
sprinkler
system
with
alarms
approved
by
the
state
fire
marshal
director
.
b.
The
installation
of
smoke
detectors
in
hotels,
motels,
and
dormitories
equipped
with
an
automatic
smoke
detection
system
approved
by
the
state
fire
marshal
director
.
5.
The
state
fire
marshal
director
shall
enforce
the
requirements
of
subsections
2
and
3
and
may
implement
a
program
of
inspections
to
monitor
compliance
with
the
provisions
of
those
subsections.
Upon
inspection,
the
state
fire
marshal
director
shall
issue
a
written
notice
to
the
owner
or
manager
of
a
multiple-unit
residential
building
or
single-family
rental
unit
informing
the
owner
or
manager
of
compliance
or
noncompliance
with
this
section
.
The
state
fire
marshal
director
may
contract
with
any
political
subdivision
without
fee
assessed
to
either
the
state
fire
marshal
director
or
the
political
subdivision,
for
the
performance
of
the
inspection
and
notification
responsibilities.
The
inspections
authorized
under
this
section
are
limited
to
the
placement,
repair,
and
operability
of
smoke
detectors
and
carbon
monoxide
alarms.
Any
Senate
File
514,
p.
842
broader
inspection
authority
is
not
derived
from
this
section
.
The
state
fire
marshal
director
shall
adopt
rules
under
chapter
17A
as
necessary
to
enforce
this
section
including
rules
concerning
the
placement
of
smoke
detectors
and
carbon
monoxide
alarms
and
the
use
of
acceptable
smoke
detectors
and
carbon
monoxide
alarms.
The
smoke
detectors
and
carbon
monoxide
alarms
shall
display
a
label
or
other
identification
issued
by
an
approved
testing
agency
or
another
label
specifically
approved
by
the
state
fire
marshal
director
.
6.
The
inspection
of
a
building
or
notification
of
compliance
or
noncompliance
under
this
section
is
not
the
basis
for
a
legal
cause
of
action
against
the
political
subdivision,
state
fire
marshal
director
,
the
fire
marshal’s
director’s
subordinates,
chiefs
of
local
fire
departments,
building
inspectors,
or
other
fire,
building,
or
safety
officials
due
to
a
failure
to
discover
a
latent
defect
in
the
course
of
the
inspection.
7.
If
a
smoke
detector
or
carbon
monoxide
alarm
is
found
to
be
inoperable,
the
owner
or
manager
of
the
multiple-unit
residential
building
or
single-family
rental
unit
shall
correct
the
situation
within
thirty
days
after
written
notification
to
the
owner
or
manager
by
the
tenant,
guest,
roomer,
state
fire
marshal
director
,
fire
marshal’s
director’s
subordinates,
chiefs
of
local
fire
departments,
building
inspectors,
or
other
fire,
building,
or
safety
officials.
If
the
owner
or
manager
of
a
multiple-unit
residential
building
or
single-family
rental
unit
fails
to
correct
the
situation
within
the
thirty
days
the
tenant,
guest,
or
roomer
may
cause
the
smoke
detector
or
carbon
monoxide
alarm
to
be
repaired
or
purchase
and
install
a
smoke
detector
or
carbon
monoxide
alarm
required
under
this
section
and
may
deduct
the
repair
cost
or
purchase
price
from
the
next
rental
payment
or
payments
made
by
the
tenant,
guest,
or
roomer.
However,
a
lessor
or
owner
may
require
a
lessee,
tenant,
guest,
or
roomer
who
has
a
residency
of
longer
than
thirty
days
to
provide
the
battery
for
a
battery
operated
smoke
detector
or
carbon
monoxide
alarm.
Sec.
1494.
Section
100.19,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
state
fire
marshal
director
shall
establish
a
Senate
File
514,
p.
843
consumer
fireworks
seller
license.
An
application
for
a
consumer
fireworks
seller
license
shall
be
made
on
a
form
provided
by
the
state
fire
marshal
director
.
The
state
fire
marshal
director
shall
adopt
rules
consistent
with
this
section
establishing
minimum
requirements
for
a
retailer
or
community
group
to
be
issued
a
consumer
fireworks
seller
license.
Sec.
1495.
Section
100.19,
subsection
3,
paragraph
a,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
state
fire
marshal
director
shall
establish
a
fee
schedule
for
consumer
fireworks
seller
licenses
as
follows:
Sec.
1496.
Section
100.19,
subsection
4,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
state
fire
marshal
director
shall
adopt
rules
to:
Sec.
1497.
Section
100.19,
subsections
6,
7,
and
8,
Code
2023,
are
amended
to
read
as
follows:
6.
a.
The
state
fire
marshal
director
shall
adopt
rules
to
provide
that
a
person’s
consumer
fireworks
seller
license
may
be
revoked
for
the
intentional
violation
of
this
section
.
The
proceedings
for
revocation
shall
be
held
before
the
division
of
the
state
fire
marshal
department
,
which
may
revoke
the
license
or
licenses
involved
as
provided
in
paragraph
“b”
.
b.
(1)
If,
upon
the
hearing
of
the
order
to
show
cause,
the
division
of
the
state
fire
marshal
department
finds
that
the
licensee
intentionally
violated
this
section
,
then
the
license
or
licenses
under
which
the
licensed
retailer
or
community
group
sells
first-class
consumer
fireworks
or
second-class
consumer
fireworks,
shall
be
revoked.
(2)
Judicial
review
of
actions
of
the
division
of
the
state
fire
marshal
department
may
be
sought
in
accordance
with
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
.
If
the
licensee
has
not
filed
a
petition
for
judicial
review
in
district
court,
revocation
shall
date
from
the
thirty-first
day
following
the
date
of
the
order
of
the
division
of
the
state
fire
marshal
department
.
If
the
licensee
has
filed
a
petition
for
judicial
review,
revocation
shall
date
from
the
thirty-first
day
following
entry
of
the
order
of
the
district
court,
if
action
by
the
district
court
is
adverse
to
the
licensee.
Senate
File
514,
p.
844
(3)
A
new
license
shall
not
be
issued
to
a
person
whose
license
has
been
revoked,
or
to
the
business
in
control
of
the
premises
on
which
the
violation
occurred
if
it
is
established
that
the
owner
of
the
business
had
actual
knowledge
of
the
violation
resulting
in
the
license
revocation,
for
the
period
of
one
year
following
the
date
of
revocation.
7.
a.
A
consumer
fireworks
fee
fund
is
created
in
the
state
treasury
under
the
control
of
the
state
fire
marshal
director
.
Notwithstanding
section
12C.7
,
interest
or
earnings
on
moneys
in
the
consumer
fireworks
fee
fund
shall
be
credited
to
the
consumer
fireworks
fee
fund.
Moneys
in
the
fund
are
appropriated
to
the
state
fire
marshal
director
to
be
used
to
fulfill
the
responsibilities
of
the
state
fire
marshal
director
for
the
administration
and
enforcement
of
this
section
and
section
100.19A
and
to
provide
grants
pursuant
to
paragraph
“b”
.
The
fund
shall
include
the
fees
collected
by
the
state
fire
marshal
director
under
the
fee
schedule
established
pursuant
to
subsection
3
and
the
fees
collected
by
the
state
fire
marshal
director
under
section
100.19A
for
wholesaler
registration.
b.
The
state
fire
marshal
director
shall
establish
a
local
fire
protection
and
emergency
medical
service
providers
grant
program
to
provide
grants
in
the
following
order
of
priority:
(1)
Local
fire
protection
service
providers
and
local
emergency
medical
service
providers
to
establish
or
provide
fireworks
safety
education
programming
to
members
of
the
public,
and
for
the
purchase
of
necessary
enforcement,
protection,
or
emergency
response
equipment
related
to
the
sale
and
use
of
consumer
fireworks
in
this
state.
(2)
Local
volunteer
fire
protection
service
providers
for
the
purchase
of
necessary
enforcement,
protection,
or
emergency
response
equipment.
8.
The
state
fire
marshal
director
shall
adopt
rules
for
the
administration
of
this
section
.
Sec.
1498.
Section
100.19A,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
The
state
fire
marshal
director
shall
adopt
rules
to
require
all
wholesalers
to
annually
register
with
the
state
fire
marshal
director
.
The
state
fire
marshal
director
may
also
adopt
rules
to
regulate
the
storage
or
transfer
of
consumer
Senate
File
514,
p.
845
fireworks
by
wholesalers
and
to
require
wholesalers
to
maintain
insurance.
3.
The
state
fire
marshal
director
shall
establish
an
annual
registration
fee
of
one
thousand
dollars
for
wholesalers
of
consumer
fireworks
within
the
state.
Registration
fees
collected
pursuant
to
this
section
shall
be
deposited
in
the
consumer
fireworks
fee
fund
created
in
section
100.19
.
Sec.
1499.
Section
100.31,
Code
2023,
is
amended
to
read
as
follows:
100.31
Fire
and
tornado
drills
in
schools
——
warning
systems
——
inspections.
1.
It
shall
be
the
duty
of
the
state
fire
marshal
director
and
the
fire
marshal’s
director’s
designated
subordinates
to
require
all
private
and
public
school
officials
and
teachers
to
conduct
not
less
than
four
fire
drills
and
not
less
than
four
tornado
drills
in
all
school
buildings
during
each
school
year
when
school
is
in
session;
and
to
require
the
officials
and
teachers
of
all
schools
to
keep
all
doors
and
exits
of
their
respective
rooms
and
buildings
unlocked
when
occupied
during
school
hours
or
when
such
areas
are
being
used
by
the
public
at
other
times.
Not
less
than
two
drills
of
each
type
shall
be
conducted
between
July
1
and
December
31
of
each
year
and
not
less
than
two
drills
of
each
type
shall
be
conducted
between
January
1
and
June
30
of
each
year.
2.
Every
school
building
with
two
or
more
classrooms
shall
have
a
warning
system
for
fires
of
a
type
approved
by
the
underwriters’
laboratories
and
by
the
state
fire
marshal
director
.
The
warning
system
shall
be
used
only
for
fire
drills
or
as
a
warning
for
emergency.
Schools
may
modify
the
fire
warning
system
for
use
as
a
tornado
warning
system
or
shall
install
a
separate
tornado
warning
system.
Every
school
building
shall
also
be
equipped
with
portable
fire
extinguishers,
with
the
type,
size
and
number
in
accordance
with
national
fire
protection
association
standards
and
approved
by
the
state
fire
marshal
director
.
3.
The
state
fire
marshal
director
or
the
fire
marshal’s
director’s
deputies
shall
cause
each
public
or
private
school,
college,
or
university
to
be
inspected
at
least
once
every
two
years
to
determine
whether
each
school
meets
the
fire
safety
Senate
File
514,
p.
846
standards
of
this
Code
and
is
free
from
other
fire
hazards.
Provided,
however,
that
cities
which
employ
fire
department
inspectors
shall
cause
such
inspections
to
be
made.
Sec.
1500.
Section
100.35,
Code
2023,
is
amended
to
read
as
follows:
100.35
Rules
of
marshal
director
——
penalties.
1.
The
fire
marshal
director
shall
adopt,
and
may
amend
rules
under
chapter
17A
,
which
include
standards
relating
to
exits
and
exit
lights,
fire
escapes,
fire
protection,
fire
safety
and
the
elimination
of
fire
hazards,
in
and
for
churches,
schools,
hotels,
theaters,
amphitheaters,
hospitals,
health
care
facilities
as
defined
in
section
135C.1
,
boarding
homes
or
housing,
rest
homes,
dormitories,
college
buildings,
lodge
halls,
club
rooms,
public
meeting
places,
places
of
amusement,
apartment
buildings,
food
establishments
as
defined
in
section
137F.1
,
and
all
other
buildings
or
structures
in
which
persons
congregate
from
time
to
time,
whether
publicly
or
privately
owned.
Violation
of
a
rule
adopted
by
the
fire
marshal
director
is
a
simple
misdemeanor.
However,
upon
proof
that
the
fire
marshal
director
gave
written
notice
to
the
defendant
of
the
violation,
and
proof
that
the
violation
constituted
a
clear
and
present
danger
to
life,
and
proof
that
the
defendant
failed
to
eliminate
the
condition
giving
rise
to
the
violation
within
thirty
days
after
receipt
of
notice
from
the
fire
marshal
director
,
the
penalty
is
that
provided
by
law
for
a
serious
misdemeanor.
Each
day
of
the
continuing
violation
of
a
rule
after
conviction
of
a
violation
of
the
rule
is
a
separate
offense.
A
conviction
is
subject
to
appeal
as
in
other
criminal
cases.
2.
Rules
by
the
fire
marshal
director
affecting
the
construction
of
new
buildings,
additions
to
buildings
or
rehabilitation
of
existing
buildings
and
related
to
fire
protection,
shall
be
substantially
in
accord
with
the
provisions
of
the
nationally
recognized
building
and
related
codes
adopted
as
the
state
building
code
pursuant
to
section
103A.7
or
with
codes
adopted
by
a
local
subdivision
which
are
in
substantial
accord
with
the
codes
comprising
the
state
building
code.
3.
The
rules
adopted
by
the
state
fire
marshal
director
Senate
File
514,
p.
847
under
this
section
shall
provide
standards
for
fire
resistance
of
cellulose
insulation
sold
or
used
in
this
state,
whether
for
public
or
private
use.
The
rules
shall
provide
for
approval
of
the
cellulose
insulation
by
at
least
one
nationally
recognized
independent
testing
laboratory.
Sec.
1501.
Section
100.38,
Code
2023,
is
amended
to
read
as
follows:
100.38
Conflicting
statutes.
Provisions
of
this
chapter
part
in
conflict
with
the
state
building
code,
as
adopted
pursuant
to
section
103A.7
,
shall
not
apply
where
the
state
building
code
has
been
adopted
or
when
the
state
building
code
applies
throughout
the
state.
Sec.
1502.
Section
100.39,
subsections
1,
2,
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
All
buildings
approved
for
construction
after
July
1,
1998,
that
exceed
four
stories
in
height,
or
seventy-five
feet
above
grade,
shall
require
the
installation
of
an
approved
automatic
fire
extinguishing
system
designed
and
installed
in
conformity
with
rules
promulgated
by
the
state
fire
marshal
director
pursuant
to
this
chapter
part
.
2.
The
requirements
of
this
section
shall
not
apply
to
the
following:
a.
Any
noncombustible
elevator
storage
structure
or
any
noncombustible
plant
building
with
noncombustible
contents.
b.
Any
combustible
elevator
storage
structure
that
is
equipped
with
an
approved
drypipe,
nonautomatic
sprinkler
and
automatic
alarm
system.
c.
Buildings
in
existence
or
under
construction
on
August
15,
1975.
However,
if
subsequent
to
that
date
any
building
is
enlarged
or
altered
beyond
the
height
limitations
applicable
to
new
buildings,
such
building
in
its
entirety
shall
be
subject
to
all
the
provisions
of
this
section
.
d.
Any
open
parking
garage
structure
which
is
in
compliance
with
rules
adopted
by
the
state
fire
marshal
director
.
3.
Plans
and
installation
of
systems
shall
be
approved
by
the
state
fire
marshal
director
,
a
designee
of
the
state
fire
marshal
director
,
or
local
authorities
having
jurisdiction.
Except
where
local
fire
protection
regulations
are
more
stringent,
the
provisions
of
this
section
shall
be
applicable
Senate
File
514,
p.
848
to
all
buildings,
whether
privately
or
publicly
owned.
The
definition
of
terms
shall
be
in
conformity,
insofar
as
possible,
with
definitions
found
in
the
state
building
code
adopted
pursuant
to
section
103A.7
.
Sec.
1503.
Section
100.41,
Code
2023,
is
amended
to
read
as
follows:
100.41
Authority
to
cite
violations.
Fire
officials
acting
under
the
authority
of
this
chapter
part
may
issue
citations
in
accordance
with
chapter
805
,
for
violations
of
this
chapter
part
or
a
violation
of
a
local
fire
safety
code.
Sec.
1504.
Section
100C.1,
Code
2023,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
8A.
“Department”
means
the
department
of
inspections,
appeals,
and
licensing.
NEW
SUBSECTION
.
8B.
“Director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing
or
the
director’s
designee.
Sec.
1505.
Section
100C.1,
subsection
14,
Code
2023,
is
amended
to
read
as
follows:
14.
“Responsible
managing
employee”
means
one
of
the
following:
a.
An
owner,
partner,
officer,
or
manager
employed
full-time
by
a
fire
extinguishing
system
contractor
who
is
certified
by
the
national
institute
for
certification
in
engineering
technologies
at
a
level
three
in
fire
protection
technology,
automatic
sprinkler
system
layout,
or
another
certification
in
automatic
sprinkler
system
layout
recognized
by
rules
adopted
by
the
fire
marshal
director
pursuant
to
section
100C.7
or
who
meets
any
other
criteria
established
by
rule.
b.
An
owner,
partner,
officer,
or
manager
employed
full-time
by
an
alarm
system
contractor
who
is
certified
by
the
national
institute
for
certification
in
engineering
technologies
in
fire
alarm
systems
or
security
systems
at
a
level
established
by
the
fire
marshal
director
by
rule
or
who
meets
any
other
criteria
established
by
rule
under
this
chapter
.
The
rules
may
provide
for
separate
endorsements
for
fire
alarm
systems,
security
alarm
systems,
and
nurse
call
systems
and
may
require
separate
qualifications
for
each.
Senate
File
514,
p.
849
Sec.
1506.
Section
100C.2,
subsection
4,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
An
employee
or
subcontractor
of
a
certified
alarm
system
contractor
who
is
an
alarm
system
installer,
and
who
is
not
licensed
pursuant
to
chapter
103
shall
obtain
and
maintain
certification
as
an
alarm
system
installer
and
shall
meet
and
maintain
qualifications
established
by
the
state
fire
marshal
director
by
rule.
Sec.
1507.
Section
100C.3,
subsections
1,
3,
and
5,
Code
2023,
are
amended
to
read
as
follows:
1.
A
fire
extinguishing
system
contractor,
an
alarm
system
contractor,
or
an
alarm
system
installer
shall
apply
for
a
certificate
on
a
form
prescribed
by
the
state
fire
marshal
director
.
The
application
shall
be
accompanied
by
a
fee
in
an
amount
prescribed
by
rule
pursuant
to
section
100C.7
and
shall
include
all
of
the
following
information,
as
applicable:
a.
The
name,
address,
and
telephone
number
of
the
contractor
or
installer
and,
in
the
case
of
an
installer,
the
name
and
certification
number
of
the
contractor
by
whom
the
installer
is
employed,
including
all
legal
and
fictitious
names.
b.
Proof
of
insurance
coverage
required
by
section
100C.4
.
c.
The
name
and
qualifications
of
the
person
designated
as
the
contractor’s
responsible
managing
employee
and
of
persons
designated
as
alternate
responsible
managing
employees.
d.
Any
other
information
deemed
necessary
by
the
state
fire
marshal
director
.
3.
Upon
receipt
of
a
completed
application
and
prescribed
fees,
if
the
contractor
or
installer
meets
all
requirements
established
by
this
chapter
,
the
state
fire
marshal
director
shall
issue
a
certificate
to
the
contractor
or
installer
within
thirty
days.
5.
Any
change
in
the
information
provided
in
the
application
shall
be
promptly
reported
to
the
state
fire
marshal
director
.
When
the
employment
of
a
responsible
managing
employee
is
terminated,
the
contractor
shall
notify
the
state
fire
marshal
director
within
thirty
days
after
termination.
Sec.
1508.
Section
100C.4,
Code
2023,
is
amended
to
read
as
follows:
100C.4
Insurance.
Senate
File
514,
p.
850
1.
A
fire
extinguishing
system
contractor
shall
maintain
general
and
complete
operations
liability
insurance
for
the
layout,
installation,
repair,
alteration,
addition,
maintenance,
and
inspection
of
automatic
fire
extinguishing
systems
in
an
amount
determined
by
the
state
fire
marshal
director
by
rule.
2.
An
alarm
system
contractor
shall
maintain
general
and
complete
operations
liability
insurance
for
the
layout,
installation,
repair,
alteration,
addition,
maintenance,
and
inspection
of
alarm
systems
in
an
amount
determined
by
the
state
fire
marshal
director
by
rule.
Sec.
1509.
Section
100C.5,
Code
2023,
is
amended
to
read
as
follows:
100C.5
Suspension
and
revocation.
1.
The
state
fire
marshal
director
shall
suspend
or
revoke
the
certificate
of
any
contractor
or
installer
who
fails
to
maintain
compliance
with
the
conditions
necessary
to
obtain
a
certificate.
A
certificate
may
also
be
suspended
or
revoked
if
any
of
the
following
occur:
a.
The
employment
or
relationship
of
a
responsible
managing
employee
with
a
contractor
is
terminated,
unless
the
contractor
has
included
a
qualified
alternate
on
the
application
or
an
application
designating
a
new
responsible
managing
employee
is
filed
with
the
state
fire
marshal
director
within
six
months
after
the
termination.
b.
The
contractor
or
installer
fails
to
comply
with
any
provision
of
this
chapter
.
c.
The
contractor
or
installer
fails
to
comply
with
any
other
applicable
codes
and
ordinances.
2.
If
a
certificate
is
suspended
pursuant
to
this
section
,
the
certificate
shall
not
be
reinstated
until
the
condition
or
conditions
which
led
to
the
suspension
have
been
corrected.
3.
The
state
fire
marshal
director
shall
adopt
rules
pursuant
to
section
100C.7
for
the
acceptance
and
processing
of
complaints
against
certificate
holders,
for
procedures
to
suspend
and
revoke
certificates,
and
for
appeals
of
decisions
to
suspend
or
revoke
certificates.
Sec.
1510.
Section
100C.7,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
851
100C.7
Administration
——
rules.
The
state
fire
marshal
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.
1511.
Section
100C.8,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
state
fire
marshal
director
may
impose
a
civil
penalty
of
up
to
five
hundred
dollars
on
any
person
who
violates
any
provision
of
this
chapter
for
each
day
a
violation
continues.
The
state
fire
marshal
director
may
adopt
rules
necessary
to
enforce
and
collect
any
penalties
imposed
pursuant
to
this
chapter
.
Sec.
1512.
Section
100C.9,
Code
2023,
is
amended
to
read
as
follows:
100C.9
Deposit
and
use
of
moneys
collected.
1.
All
fees
assessed
pursuant
to
this
chapter
shall
be
retained
as
repayment
receipts
by
the
division
of
state
fire
marshal
in
the
department
of
public
safety
and
such
fees
received
shall
be
used
exclusively
to
offset
the
costs
of
administering
this
chapter
.
2.
Notwithstanding
section
8.33
,
fees
collected
by
the
division
of
state
fire
marshal
department
that
remain
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
expenditure
for
the
purposes
designated
in
succeeding
fiscal
years.
Sec.
1513.
Section
100C.10,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
fire
extinguishing
system
contractors
and
alarm
systems
advisory
board
is
established
in
the
division
of
state
fire
marshal
of
the
department
of
public
safety
and
shall
advise
the
division
department
on
matters
pertaining
to
the
application
and
certification
of
contractors
and
installers
pursuant
to
this
chapter
.
Sec.
1514.
Section
100C.10,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
board
shall
consist
of
eleven
voting
members
appointed
by
the
commissioner
of
public
safety
director
as
follows:
Senate
File
514,
p.
852
Sec.
1515.
Section
100C.10,
subsections
3
and
4,
Code
2023,
are
amended
to
read
as
follows:
3.
The
state
fire
marshal
,
or
the
state
fire
marshal’s
designee,
the
director,
and
the
chairperson
of
the
electrical
examining
board
created
in
section
103.2
shall
be
nonvoting
ex
officio
members
of
the
board.
4.
The
commissioner
shall
initially
appoint
two
members
for
two-year
terms,
two
members
for
four-year
terms,
and
three
members
for
six-year
terms.
Following
the
expiration
of
the
terms
of
initially
appointed
members,
each
Each
term
thereafter
shall
be
for
a
period
of
six
years.
No
member
shall
serve
more
than
two
consecutive
terms.
If
a
position
on
the
board
becomes
vacant
prior
to
the
expiration
of
a
member’s
term,
the
member
appointed
to
the
vacancy
shall
serve
the
balance
of
the
unexpired
term.
Sec.
1516.
Section
100D.1,
subsections
2
and
10,
Code
2023,
are
amended
to
read
as
follows:
2.
“Department”
means
the
department
of
public
safety
inspections,
appeals,
and
licensing
.
10.
“Responsible
managing
employee”
means
an
owner,
partner,
officer,
or
manager
employed
full-time
by
a
fire
extinguishing
system
contractor
who
is
certified
by
the
national
institute
for
certification
in
engineering
technologies
at
a
level
three
in
fire
protection
technology,
automatic
sprinkler
system
layout,
or
another
certification
in
automatic
sprinkler
system
layout
recognized
by
rules
adopted
by
the
fire
marshal
director
pursuant
to
section
100C.7
or
who
meets
any
other
criteria
established
by
rule.
Sec.
1517.
Section
100D.1,
subsection
3,
Code
2023,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
3.
“Director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing
or
the
director’s
designee.
Sec.
1518.
Section
100D.2,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Licenses
shall
be
issued
for
a
two-year
period,
and
may
be
renewed
as
established
by
the
state
fire
marshal
director
by
rule.
Sec.
1519.
Section
100D.3,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
853
follows:
100D.3
Fire
protection
system
installer
and
maintenance
worker
license.
1.
The
state
fire
marshal
director
shall
issue
a
fire
protection
system
installer
and
maintenance
worker
license
to
an
applicant
who
meets
all
of
the
following
requirements:
a.
Has
completed
a
fire
protection
apprenticeship
program
approved
by
the
United
States
department
of
labor,
or
has
completed
two
years
of
full-time
employment
or
the
equivalent
thereof
as
a
trainee.
b.
Is
employed
by
a
fire
extinguishing
system
contractor.
However,
an
applicant
whose
work
on
extinguishing
systems
will
be
restricted
to
systems
on
property
owned
or
controlled
by
the
applicant’s
employer
may
obtain
a
license
if
the
employer
is
not
a
certified
contractor.
c.
Has
received
a
passing
score
on
the
national
inspection,
testing,
and
certification
star
fire
sprinkler
mastery
exam
or
on
an
equivalent
exam
from
a
nationally
recognized
third-party
testing
agency
that
is
approved
by
the
state
fire
marshal
director
,
or
is
certified
at
level
one
by
the
national
institute
for
certification
in
engineering
technologies
and
as
specified
by
rule
by
the
state
fire
marshal
director
,
or
is
certified
by
another
entity
approved
by
the
fire
marshal.
2.
The
state
fire
marshal
director
shall
issue
a
fire
protection
system
installer
and
maintenance
worker
license
with
endorsements
restricted
to
preengineered
fire
protection
systems
to
an
applicant
who
does
not
meet
the
requirements
of
subsection
1
but
does
meet
the
following
requirements:
a.
To
be
endorsed
as
a
preengineered
kitchen
fire
extinguishing
system
installer,
has
successfully
completed
training
and
an
examination
verified
by
a
preengineered
system
manufacturer,
an
agent
of
a
preengineered
system
manufacturer,
or
an
organization
that
is
approved
by
the
state
fire
marshal
director
.
b.
To
be
endorsed
as
a
preengineered
kitchen
fire
extinguishing
system
maintenance
worker,
has
successfully
completed
training
by
the
worker’s
employer
or
the
system’s
manufacturer
and
has
passed
a
written
or
online
examination
for
preengineered
kitchen
fire
extinguishing
system
maintenance
Senate
File
514,
p.
854
that
is
approved
by
the
state
fire
marshal
director
.
c.
To
be
endorsed
as
a
preengineered
industrial
fire
extinguishing
system
installer,
possesses
a
training
and
examination
certification
from
a
preengineered
system
manufacturer,
an
agent
of
a
preengineered
system
manufacturer,
or
an
organization
that
is
approved
by
the
state
fire
marshal
director
.
d.
To
be
endorsed
as
a
preengineered
industrial
fire
extinguishing
system
maintenance
worker,
has
been
trained
by
the
worker’s
employer
and
has
passed
a
written
or
online
examination
for
preengineered
industrial
fire
extinguishing
system
maintenance
that
is
approved
by
the
state
fire
marshal
director
.
3.
The
holder
of
a
fire
protection
system
installer
and
maintenance
worker
license
shall
be
responsible
for
license
fees,
renewal
fees,
and
continuing
education
hours.
4.
The
license
of
a
fire
protection
system
installer
and
maintenance
worker
licensee
who
ceases
to
be
employed
by
a
fire
extinguishing
system
contractor
shall
continue
to
be
valid
until
it
would
otherwise
expire,
but
the
licensee
shall
not
perform
work
requiring
licensure
under
this
chapter
until
the
licensee
is
again
employed
by
a
fire
extinguishing
system
contractor.
If
the
licensee
becomes
employed
by
a
fire
extinguishing
system
contractor
other
than
the
contractor
which
employed
the
licensee
at
the
time
the
license
was
issued,
the
licensee
shall
notify
the
fire
marshal
director
and
shall
apply
for
an
amendment
to
the
license.
The
fire
marshal
director
may
establish
by
rule
a
fee
for
amending
a
license.
This
subsection
shall
not
extend
the
time
period
during
which
a
license
is
valid.
This
subsection
does
not
apply
to
a
licensee
whose
work
on
extinguishing
systems
is
restricted
to
systems
on
property
owned
or
controlled
by
the
licensee’s
employer.
5.
The
fire
marshal
director
,
by
rule,
may
restrict
the
scope
of
work
authorized
by
a
license
with
appropriate
endorsements.
Sec.
1520.
Section
100D.4,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
An
applicant
for
a
fire
protection
system
installer
and
maintenance
worker
license
or
renewal
of
an
active
license
Senate
File
514,
p.
855
shall
provide
evidence
of
a
public
liability
insurance
policy
and
surety
bond
in
an
amount
determined
sufficient
by
the
fire
marshal
director
by
rule.
3.
The
insurance
and
surety
bond
shall
be
written
by
an
entity
licensed
to
do
business
in
this
state
and
each
licensee
shall
maintain
on
file
with
the
department
a
certificate
evidencing
the
insurance
providing
that
the
insurance
or
surety
bond
shall
not
be
canceled
without
the
entity
first
giving
fifteen
days
written
notice
to
the
fire
marshal
director
.
Sec.
1521.
Section
100D.5,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
state
fire
marshal
director
shall
do
all
of
the
following:
Sec.
1522.
Section
100D.6,
Code
2023,
is
amended
to
read
as
follows:
100D.6
Penalties.
The
state
fire
marshal
director
may
impose
a
civil
penalty
of
up
to
five
hundred
dollars
on
any
person
who
violates
any
provision
of
this
chapter
for
each
day
a
violation
continues.
The
state
fire
marshal
director
may
adopt
rules
necessary
to
enforce
and
collect
any
penalties
imposed
pursuant
to
this
chapter
.
Sec.
1523.
Section
100D.7,
Code
2023,
is
amended
to
read
as
follows:
100D.7
Deposit
and
use
of
moneys
collected.
1.
The
state
fire
marshal
director
shall
set
the
license
fees
and
renewal
fees
for
all
licenses
issued
pursuant
to
this
chapter
,
by
rule,
based
upon
the
actual
costs
of
licensing.
2.
All
fees
assessed
pursuant
to
this
chapter
shall
be
retained
as
repayment
receipts
by
the
division
of
state
fire
marshal
in
the
department
of
public
safety
and
such
fees
received
shall
be
used
exclusively
to
offset
the
costs
of
administering
this
chapter
.
3.
Notwithstanding
section
8.33
,
fees
collected
by
the
division
of
state
fire
marshal
department
that
remain
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
expenditure
for
the
purposes
designated
until
the
close
of
the
succeeding
fiscal
year.
Senate
File
514,
p.
856
Sec.
1524.
Section
100D.10,
Code
2023,
is
amended
to
read
as
follows:
100D.10
Reciprocal
licenses.
To
the
extent
that
another
state
provides
for
the
licensing
of
fire
protection
system
installers
and
maintenance
workers
or
similar
action,
the
state
fire
marshal
director
may
issue
a
fire
protection
system
installer
and
maintenance
worker
license,
without
examination,
to
a
nonresident
fire
protection
system
installer
and
maintenance
worker
who
has
been
licensed
by
such
other
state
for
at
least
three
years
provided
such
other
state
grants
the
same
reciprocal
licensing
privileges
to
residents
of
Iowa
who
have
obtained
a
fire
protection
system
installer
and
maintenance
worker
license
upon
payment
by
the
applicant
of
the
required
fee
and
upon
furnishing
proof
that
the
qualifications
of
the
applicant
are
equal
to
the
qualifications
of
holders
of
similar
licenses
in
this
state.
Sec.
1525.
Section
100D.13,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
The
state
fire
marshal
director
may
issue
a
temporary
fire
protection
system
installer
and
maintenance
worker
license
to
a
person,
providing
that
all
of
the
following
conditions
are
met:
a.
The
person
is
currently
licensed
or
certified
to
perform
work
as
a
fire
protection
system
installer
and
maintenance
worker
in
another
state.
b.
The
person
meets
any
additional
criteria
for
a
temporary
license
established
by
the
state
fire
marshal
director
by
rule.
c.
The
person
provides
all
information
required
by
the
state
fire
marshal
director
.
d.
The
person
has
paid
the
fee
for
a
temporary
license,
which
fee
shall
be
established
by
the
state
fire
marshal
director
by
rule.
e.
The
person
intends
to
perform
work
as
a
fire
protection
system
installer
and
maintenance
worker
only
in
areas
of
this
state
which
are
covered
by
a
disaster
emergency
declaration
issued
by
the
governor
pursuant
to
section
29C.6
.
2.
A
temporary
license
issued
pursuant
to
this
section
shall
be
valid
for
ninety
days.
The
state
fire
marshal
director
may
establish
criteria
and
procedures
for
the
extension
of
such
Senate
File
514,
p.
857
licenses
for
additional
periods,
which
in
no
event
shall
exceed
ninety
days.
Sec.
1526.
Section
101.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
state
fire
marshal
director
is
hereby
empowered
and
directed
to
formulate
and
adopt
and
from
time
to
time
amend
or
revise
and
to
promulgate,
in
conformity
with
and
subject
to
the
conditions
set
forth
in
this
chapter
,
reasonable
rules
for
the
safe
transportation,
storage,
handling,
and
use
of
combustible
liquids,
flammable
liquids,
liquefied
petroleum
gases,
and
liquefied
natural
gases.
Sec.
1527.
Section
101.1,
subsection
2,
Code
2023,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0b.
“Director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing
or
the
director’s
designee.
Sec.
1528.
Section
101.5A,
Code
2023,
is
amended
to
read
as
follows:
101.5A
Shared
public
petroleum
storage
facilities.
The
state
fire
marshal
director
shall
permit
by
rule
the
shared
ownership,
operation,
or
cooperative
use
of
a
publicly
owned
petroleum
storage
or
dispensing
facility
by
more
than
one
public
agency
or
political
subdivision
in
order
to
maximize
the
opportunity
for
cooperation,
to
avoid
unnecessary
duplication
of
facilities
posing
both
an
environmental
and
fire
hazard,
and
to
minimize
the
cost
of
providing
public
services.
Shared
or
cooperative
use
is
not
a
violation
of
chapter
23A
,
even
if
one
public
agency
or
political
subdivision
compensates
another
public
agency
or
political
subdivision
for
the
use
or
for
petroleum
dispensed.
A
publicly
owned
petroleum
storage
facility
subject
to
this
section
may
use
aboveground
or
underground
storage
tanks,
or
a
combination
of
both.
Sec.
1529.
Section
101.8,
Code
2023,
is
amended
to
read
as
follows:
101.8
Assistance
by
local
officials.
The
chief
fire
prevention
officer
of
every
city
or
village
having
an
established
fire
prevention
department,
the
chief
of
the
fire
department
of
every
other
city
or
village
in
which
a
fire
department
is
established,
the
mayor
of
every
city
in
which
Senate
File
514,
p.
858
no
fire
department
exists,
the
township
clerk
of
every
township
outside
the
limits
of
any
city
or
village
and
all
other
local
officials
upon
whom
fire
prevention
duties
are
imposed
by
law
shall
assist
the
state
fire
marshal
director
in
the
enforcement
of
the
rules.
Sec.
1530.
Section
101.9,
Code
2023,
is
amended
to
read
as
follows:
101.9
Repairs
ordered
by
fire
marshal
director
.
If
the
state
fire
marshal
director
has
reasonable
grounds
for
believing
after
conducting
tests
that
a
leak
exists
in
a
flammable
or
combustible
liquid
storage
tank
or
in
the
distribution
system
of
a
flammable
or
combustible
liquid
storage
tank
the
state
fire
marshal
director
shall
issue
a
written
order
to
the
owner
or
lessee
of
the
storage
tank
or
distribution
system
requiring
the
storage
tank
and
distribution
system
be
emptied
and
removed
or
repaired
immediately
upon
receipt
of
the
written
order.
Sec.
1531.
Section
101.10,
Code
2023,
is
amended
to
read
as
follows:
101.10
Assistance
of
department
of
natural
resources.
If
the
state
fire
marshal
director
has
reasonable
grounds
for
believing
that
a
leak
constitutes
a
hazardous
condition
which
threatens
the
public
health
and
safety,
the
fire
marshal
director
may
request
the
assistance
of
the
department
of
natural
resources,
and
upon
such
request
the
department
of
natural
resources
is
empowered
to
eliminate
the
hazardous
condition
as
provided
in
chapter
455B,
subchapter
IV,
part
4
,
the
provisions
of
section
455B.390,
subsection
3
,
to
the
contrary
notwithstanding.
Sec.
1532.
Section
101.12,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
An
aboveground
flammable
or
combustible
liquid
storage
tank
may
be
installed
at
a
retail
motor
vehicle
fuel
outlet,
subject
to
rules
adopted
by
the
state
fire
marshal
director
.
2.
Rules
adopted
by
the
state
fire
marshal
director
pursuant
to
this
section
shall
be
in
substantial
compliance
with
the
applicable
standards
of
the
national
fire
protection
association.
Sec.
1533.
Section
101.21,
subsection
6,
Code
2023,
is
Senate
File
514,
p.
859
amended
by
striking
the
subsection.
Sec.
1534.
Section
101.22,
subsections
1,
2,
3,
4,
and
7,
Code
2023,
are
amended
to
read
as
follows:
1.
Except
as
provided
in
subsection
2
,
the
owner
or
operator
of
an
aboveground
flammable
or
combustible
liquid
storage
tank
existing
on
July
1,
2010,
shall
notify
the
state
fire
marshal
director
in
writing
by
October
1,
2010,
of
the
existence
of
each
tank
and
specify
the
age,
size,
type,
location,
and
uses
of
the
tank.
2.
The
owner
of
an
aboveground
flammable
or
combustible
liquid
storage
tank
taken
out
of
operation
on
or
before
July
1,
2010,
shall
notify
the
state
fire
marshal
director
in
writing
by
October
1,
2010,
of
the
existence
of
the
tank
unless
the
owner
knows
the
tank
has
been
removed
from
the
site.
The
notice
shall
specify,
to
the
extent
known
to
the
owner,
the
date
the
tank
was
taken
out
of
operation,
the
age
of
the
tank
on
the
date
taken
out
of
operation,
the
size,
type,
and
location
of
the
tank,
and
the
type
and
quantity
of
substances
left
stored
in
the
tank
on
the
date
that
it
was
taken
out
of
operation.
3.
An
owner
or
operator
who
brings
into
use
an
aboveground
flammable
or
combustible
liquid
storage
tank
after
July
1,
2010,
shall
notify
the
state
fire
marshal
director
in
writing
within
thirty
days
of
the
existence
of
the
tank
and
specify
the
age,
size,
type,
location,
and
uses
of
the
tank.
4.
The
registration
notice
of
the
owner
or
operator
to
the
state
fire
marshal
director
under
subsections
1
through
3
shall
be
accompanied
by
an
annual
fee
of
twenty
dollars
for
each
tank
included
in
the
notice.
All
moneys
collected
shall
be
retained
by
the
department
of
public
safety
inspections,
appeals,
and
licensing
and
are
appropriated
for
the
use
of
the
state
fire
marshal
director
.
The
annual
renewal
fee
applies
to
all
owners
or
operators
who
file
a
registration
notice
with
the
state
fire
marshal
pursuant
to
subsections
1
through
3
.
7.
a.
The
state
fire
marshal
director
shall
furnish
the
owner
or
operator
of
an
aboveground
flammable
or
combustible
liquid
storage
tank
with
a
registration
tag
for
each
aboveground
flammable
or
combustible
liquid
storage
tank
registered
with
the
state
fire
marshal
director
.
b.
The
owner
or
operator
shall
affix
the
tag
to
the
fill
Senate
File
514,
p.
860
pipe
of
each
registered
aboveground
flammable
or
combustible
liquid
storage
tank.
Sec.
1535.
Section
101.23,
Code
2023,
is
amended
to
read
as
follows:
101.23
State
fire
marshal
Director
reporting
rules.
The
state
fire
marshal
director
shall
adopt
rules
pursuant
to
chapter
17A
relating
to
reporting
requirements
necessary
to
enable
the
state
fire
marshal
director
to
maintain
an
accurate
inventory
of
aboveground
flammable
or
combustible
liquid
storage
tanks.
Sec.
1536.
Section
101.24,
Code
2023,
is
amended
to
read
as
follows:
101.24
Duties
and
powers
of
the
state
fire
marshal
director
.
The
state
fire
marshal
director
shall:
1.
Inspect
and
investigate
the
facilities
and
records
of
owners
and
operators
of
aboveground
flammable
or
combustible
liquid
storage
tanks
with
a
capacity
of
fifteen
thousand
or
more
gallons,
as
necessary
to
determine
compliance
with
this
subchapter
and
the
rules
adopted
pursuant
to
this
subchapter
.
An
inspection
or
investigation
shall
be
conducted
subject
to
subsection
4
.
For
purposes
of
developing
a
rule,
maintaining
an
accurate
inventory,
or
enforcing
this
subchapter
,
the
department
of
inspections,
appeals,
and
licensing
may:
a.
Enter
at
reasonable
times
an
establishment
or
other
place
where
an
aboveground
storage
tank
is
located.
b.
Inspect
and
obtain
samples
from
any
person
of
flammable
or
combustible
liquid
or
another
regulated
substance
and
conduct
monitoring
or
testing
of
the
tanks,
associated
equipment,
contents,
or
surrounding
soils,
air,
surface
water,
and
groundwater.
Each
inspection
shall
be
commenced
and
completed
with
reasonable
promptness.
(1)
If
the
state
fire
marshal
director
obtains
a
sample,
prior
to
leaving
the
premises,
the
fire
marshal
director
shall
give
the
owner,
operator,
or
agent
in
charge
a
receipt
describing
the
sample
obtained
and
if
requested
a
portion
of
each
sample
equal
in
volume
or
weight
to
the
portion
retained.
If
the
sample
is
analyzed,
a
copy
of
the
results
of
the
analysis
shall
be
furnished
promptly
to
the
owner,
operator,
or
agent
in
charge.
Senate
File
514,
p.
861
(2)
Documents
or
information
obtained
from
a
person
under
this
subsection
shall
be
available
to
the
public
except
as
provided
in
this
subparagraph.
Upon
a
showing
satisfactory
to
the
state
fire
marshal
director
by
a
person
that
public
disclosure
of
documents
or
information,
or
a
particular
part
of
the
documents
or
information
to
which
the
state
fire
marshal
director
has
access
under
this
subsection
would
divulge
commercial
or
financial
information
entitled
to
protection
as
a
trade
secret,
the
state
fire
marshal
director
shall
consider
the
documents
or
information
or
the
particular
portion
of
the
documents
or
information
confidential.
However,
the
documents
or
information
may
be
disclosed
to
officers,
employees,
or
authorized
representatives
of
the
United
States
charged
with
implementing
the
federal
Solid
Waste
Disposal
Act,
to
employees
of
the
state
of
Iowa
or
of
other
states
when
the
document
or
information
is
relevant
to
the
discharge
of
their
official
duties,
and
when
relevant
in
a
proceeding
under
the
federal
Solid
Waste
Disposal
Act
or
this
subchapter
.
2.
Maintain
an
accurate
inventory
of
aboveground
flammable
or
combustible
liquid
storage
tanks.
3.
Take
any
action
allowed
by
law
which,
in
the
state
fire
marshal’s
director’s
judgment,
is
necessary
to
enforce
or
secure
compliance
with
this
subchapter
or
any
rule
adopted
pursuant
to
this
subchapter
.
4.
Conduct
investigations
of
complaints
received
directly,
referred
by
other
agencies,
or
other
investigations
deemed
necessary.
While
conducting
an
investigation,
the
state
fire
marshal
director
may
enter
at
any
reasonable
time
in
and
upon
any
private
or
public
property
to
investigate
any
actual
or
possible
violation
of
this
subchapter
or
the
rules
or
standards
adopted
under
this
subchapter
.
However,
the
owner
or
person
in
charge
shall
be
notified.
a.
If
the
owner
or
operator
of
any
property
refuses
admittance,
or
if
prior
to
such
refusal
the
state
fire
marshal
director
demonstrates
the
necessity
for
a
warrant,
the
state
fire
marshal
may
make
application
under
oath
or
affirmation
to
the
district
court
of
the
county
in
which
the
property
is
located
for
the
issuance
of
a
search
warrant.
b.
In
the
application
the
state
fire
marshal
director
Senate
File
514,
p.
862
shall
state
that
an
inspection
of
the
premises
is
mandated
by
the
laws
of
this
state
or
that
a
search
of
certain
premises,
areas,
or
things
designated
in
the
application
may
result
in
evidence
tending
to
reveal
the
existence
of
violations
of
public
health,
safety,
or
welfare
requirements
imposed
by
statutes,
rules,
or
ordinances
established
by
the
state
or
a
political
subdivision
of
the
state.
The
application
shall
describe
the
area,
premises,
or
thing
to
be
searched,
give
the
date
of
the
last
inspection
if
known,
give
the
date
and
time
of
the
proposed
inspection,
declare
the
need
for
such
inspection,
recite
that
notice
of
the
desire
to
make
an
inspection
has
been
given
to
affected
persons
and
that
admission
was
refused
if
that
be
the
fact,
and
state
that
the
inspection
has
no
purpose
other
than
to
carry
out
the
purpose
of
the
statute,
rule,
or
ordinance
pursuant
to
which
inspection
is
to
be
made.
If
an
item
of
property
is
sought
by
the
state
fire
marshal
director,
it
shall
be
identified
in
the
application.
c.
If
the
court
is
satisfied
from
the
examination
of
the
applicant,
and
of
other
witnesses,
if
any,
and
of
the
allegations
of
the
application
of
the
existence
of
the
grounds
of
the
application,
or
that
there
is
probable
cause
to
believe
in
their
existence,
the
court
may
issue
a
search
warrant.
d.
In
making
inspections
and
searches
pursuant
to
the
authority
of
this
subchapter
,
the
state
fire
marshal
director
must
execute
the
warrant
as
follows:
(1)
Within
ten
days
after
its
date.
(2)
In
a
reasonable
manner,
and
any
property
seized
shall
be
treated
in
accordance
with
the
provisions
of
chapters
808
and
809
.
(3)
Subject
to
any
restrictions
imposed
by
the
statute,
rule
or
ordinance
pursuant
to
which
inspection
is
made.
Sec.
1537.
Section
101.25,
Code
2023,
is
amended
to
read
as
follows:
101.25
Violations
——
orders.
1.
If
substantial
evidence
exists
that
a
person
has
violated
or
is
violating
a
provision
of
this
subchapter
or
a
rule
adopted
under
this
subchapter
the
state
fire
marshal
director
may
issue
an
order
directing
the
person
to
desist
in
the
practice
which
constitutes
the
violation,
and
to
take
corrective
action
as
Senate
File
514,
p.
863
necessary
to
ensure
that
the
violation
will
cease,
and
may
impose
appropriate
administrative
penalties
pursuant
to
section
101.26
.
The
person
to
whom
the
order
is
issued
may
appeal
the
order
as
provided
in
chapter
17A
.
On
appeal,
the
administrative
law
judge
may
affirm,
modify,
or
vacate
the
order
of
the
state
fire
marshal
director
.
2.
However,
if
it
is
determined
by
the
state
fire
marshal
director
that
an
emergency
exists
respecting
any
matter
affecting
or
likely
to
affect
the
public
health,
the
fire
marshal
director
may
issue
any
order
necessary
to
terminate
the
emergency
without
notice
and
without
hearing.
The
order
is
binding
and
effective
immediately
and
until
the
order
is
modified
or
vacated
at
an
administrative
hearing
or
by
a
district
court.
3.
The
state
fire
marshal
director
may
request
the
attorney
general
to
institute
legal
proceedings
pursuant
to
section
101.26
.
Sec.
1538.
Section
101.26,
Code
2023,
is
amended
to
read
as
follows:
101.26
Penalties
——
burden
of
proof.
1.
A
person
who
violates
this
subchapter
or
a
rule
adopted
or
order
issued
pursuant
to
this
subchapter
is
subject
to
a
civil
penalty
not
to
exceed
one
hundred
dollars
for
each
day
during
which
the
violation
continues,
up
to
a
maximum
of
one
thousand
dollars;
however,
if
the
tank
is
registered
within
thirty
days
after
the
state
fire
marshal
director
issues
a
cease
and
desist
order
pursuant
to
section
101.25,
subsection
1
,
the
civil
penalty
under
this
section
shall
not
accrue.
The
civil
penalty
is
an
alternative
to
a
criminal
penalty
provided
under
this
subchapter
.
2.
A
person
who
knowingly
fails
to
notify
or
makes
a
false
statement,
representation,
or
certification
in
a
record,
report,
or
other
document
filed
or
required
to
be
maintained
under
this
subchapter
,
or
violates
an
order
issued
under
this
subchapter
,
is
guilty
of
an
aggravated
misdemeanor.
3.
The
attorney
general,
at
the
request
of
the
state
fire
marshal
director
,
shall
institute
any
legal
proceedings,
including
an
action
for
an
injunction,
necessary
to
enforce
the
penalty
provisions
of
this
subchapter
or
to
obtain
compliance
Senate
File
514,
p.
864
with
the
provisions
of
this
subchapter
or
rules
adopted
or
order
pursuant
to
this
subchapter
.
In
any
action,
previous
findings
of
fact
of
the
state
fire
marshal
director
after
notice
and
hearing
are
conclusive
if
supported
by
substantial
evidence
in
the
record
when
the
record
is
viewed
as
a
whole.
4.
In
all
proceedings
with
respect
to
an
alleged
violation
of
this
subchapter
or
a
rule
adopted
or
order
issued
by
the
state
fire
marshal
director
pursuant
to
this
subchapter
,
the
burden
of
proof
is
upon
the
state
fire
marshal
director
.
5.
If
the
attorney
general
has
instituted
legal
proceedings
in
accordance
with
this
section
,
all
related
issues
which
could
otherwise
be
raised
by
the
alleged
violator
in
a
proceeding
for
judicial
review
under
section
101.27
shall
be
raised
in
the
legal
proceedings
instituted
in
accordance
with
this
section
.
Sec.
1539.
Section
101.27,
Code
2023,
is
amended
to
read
as
follows:
101.27
Judicial
review.
Except
as
provided
in
section
101.26,
subsection
5
,
judicial
review
of
an
order
or
other
action
of
the
state
fire
marshal
director
may
be
sought
in
accordance
with
chapter
17A
.
Notwithstanding
chapter
17A
,
the
Iowa
administrative
procedure
Act,
petitions
for
judicial
review
may
be
filed
in
the
district
court
of
the
county
in
which
the
alleged
offense
was
committed
or
the
final
order
was
entered.
Sec.
1540.
Section
101A.1,
subsections
2,
6,
and
7,
Code
2023,
are
amended
to
read
as
follows:
2.
“Commercial
license”
or
“license”
means
a
license
issued
by
the
state
fire
marshal
director
pursuant
to
this
chapter
.
6.
“Licensee”
means
a
person
holding
a
commercial
license
issued
by
the
state
fire
marshal
director
pursuant
to
this
chapter
.
7.
“Magazine”
means
any
building
or
structure,
other
than
an
explosives
manufacturing
building,
approved
by
the
state
fire
marshal
director
or
the
fire
marshal’s
director’s
designated
agent
for
the
storage
of
explosive
materials.
Sec.
1541.
Section
101A.1,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
2A.
“Director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing
or
the
Senate
File
514,
p.
865
director’s
designee.
Sec.
1542.
Section
101A.2,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
The
state
fire
marshal
director
shall
issue
commercial
licenses
for
the
manufacture,
importation,
distribution,
sale,
and
commercial
use
of
explosives
to
persons
who,
in
the
state
fire
marshal’s
director’s
discretion
are
of
good
character
and
sound
judgment,
and
have
sufficient
knowledge
of
the
use,
handling,
and
storage
of
explosive
materials
to
protect
the
public
safety.
Licenses
shall
be
issued
for
a
period
of
three
years,
but
may
be
issued
for
shorter
periods,
and
may
be
revoked
or
suspended
by
the
state
fire
marshal
director
for
any
of
the
following
reasons:
a.
Falsification
of
information
submitted
in
the
application
for
a
license.
b.
Proof
that
the
licensee
has
violated
any
provisions
of
this
chapter
or
any
rules
prescribed
by
the
state
fire
marshal
director
pursuant
to
the
provisions
of
this
chapter
.
c.
The
results
of
a
national
criminal
history
check
conducted
pursuant
to
subsection
3
.
2.
Licenses
shall
be
issued
by
the
state
fire
marshal
director
upon
payment
of
a
fee
of
sixty
dollars,
valid
for
a
period
of
three
calendar
years,
commencing
on
January
1
of
the
first
year
and
terminating
on
December
31
of
the
third
year.
However,
an
initial
license
may
be
issued
during
a
calendar
year
for
the
number
of
months
remaining
in
such
calendar
year
and
the
following
two
years,
computed
to
the
first
day
of
the
month
when
the
application
for
the
license
is
approved.
The
license
fee
shall
be
charged
on
a
pro
rata
basis
for
the
number
of
months
remaining
in
the
period
of
issue.
Applications
for
renewal
of
licenses
shall
be
submitted
within
thirty
days
prior
to
the
license
expiration
date
and
shall
be
accompanied
by
payment
of
the
prescribed
fee.
Sec.
1543.
Section
101A.3,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
User’s
permits
to
purchase,
possess,
transport,
store,
and
detonate
explosive
materials
shall
be
issued
by
the
sheriff
of
the
county
or
the
chief
of
police
of
a
city
of
ten
thousand
population
or
more
where
the
possession
and
detonation
will
Senate
File
514,
p.
866
occur.
If
the
possession
and
detonation
are
to
occur
in
more
than
one
county
or
city,
then
such
permits
must
be
issued
by
the
sheriff
or
chief
of
police
of
each
of
such
counties
or
cities,
except
in
counties
and
cities
in
which
the
explosives
are
possessed
for
the
sole
purpose
of
transporting
them
through
such
counties
and
cities.
A
permit
shall
not
be
issued
unless
the
sheriff
or
chief
of
police
having
jurisdiction
is
satisfied
that
possession
and
detonation
of
explosive
materials
is
necessary
to
the
applicant’s
business
or
to
improve
the
applicant’s
property.
Permits
shall
be
issued
only
to
persons
who,
in
the
discretion
of
the
sheriff
or
chief
of
police,
are
of
good
character
and
sound
judgment,
and
have
sufficient
knowledge
of
the
use
and
handling
of
explosive
materials
to
protect
the
public
safety.
Applicants
shall
be
subject
to
the
criminal
history
check
provisions
of
section
101A.2,
subsection
3
.
The
state
fire
marshal
director
shall
prescribe,
have
printed,
and
distribute
permit
application
forms
to
all
local
permit
issuing
authorities.
2.
The
user’s
permit
shall
state
the
quantity
of
explosive
materials
which
the
permittee
may
purchase,
the
amount
the
permittee
may
have
in
possession
at
any
one
time,
the
amount
the
permittee
may
detonate
at
any
one
time,
and
the
period
of
time
during
which
the
purchase,
possession,
and
detonation
of
explosive
materials
is
authorized.
The
permit
shall
also
specify
the
place
where
detonation
may
occur,
the
location
and
description
of
the
place
where
the
explosive
materials
will
be
stored,
if
such
be
the
case,
and
shall
contain
such
other
information
as
may
be
required
under
the
rules
and
regulations
of
the
state
fire
marshal
director
.
The
permit
shall
not
authorize
purchase,
possession,
and
detonation
of
a
quantity
of
explosive
materials
in
excess
of
that
which
is
necessary
in
the
pursuit
of
the
applicant’s
business
or
the
improvement
of
the
permittee’s
property,
nor
shall
such
purchase,
possession,
and
detonation
be
authorized
for
a
period
longer
than
is
necessary
for
the
specified
purpose.
In
no
event
shall
the
permit
be
valid
for
more
than
thirty
days
from
date
of
issuance
but
it
may
be
renewed
upon
proper
showing
of
necessity.
Sec.
1544.
Section
101A.4,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
867
1.
Judicial
review
of
the
action
of
the
state
fire
marshal
director
may
be
sought
in
accordance
with
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
.
Sec.
1545.
Section
101A.5,
Code
2023,
is
amended
to
read
as
follows:
101A.5
Rules
——
director
duties
.
1.
The
state
fire
marshal
director
shall
adopt
rules
pursuant
to
chapter
17A
pertaining
to
the
manufacture,
transportation,
storage,
possession,
and
use
of
explosive
materials.
Rules
adopted
by
the
state
fire
marshal
director
shall
be
compatible
with,
but
not
limited
to,
the
national
fire
protection
association’s
pamphlet
number
495
and
federal
rules
pertaining
to
commerce,
possession,
storage,
and
use
of
explosive
materials.
Such
rules
shall
do
all
of
the
following
:
1.
a.
Prescribe
reasonable
standards
for
the
safe
transportation
and
handling
of
explosive
materials
so
as
to
prevent
accidental
fires
and
explosions
and
prevent
theft
and
unlawful
or
unauthorized
possession
of
explosive
materials.
2.
b.
Prescribe
procedures
and
methods
of
inventory
so
as
to
assure
accurate
records
of
all
explosive
materials
manufactured
or
imported
into
the
state
and
records
of
the
disposition
of
such
explosive
materials,
including
records
of
the
identity
of
persons
to
whom
sales
and
transfers
are
made,
and
the
time
and
place
of
any
loss
or
destruction
of
explosive
materials
which
might
occur.
3.
c.
Prescribe
reasonable
standards
for
the
safe
storage
of
explosive
materials
as
may
be
necessary
to
prevent
accidental
fires
and
explosions
and
prevent
thefts
and
unlawful
or
unauthorized
possession
of
explosive
materials.
4.
d.
Require
such
reports
from
licensees,
permittees,
sheriffs,
and
chiefs
of
police
as
may
be
necessary
for
the
state
fire
marshal
director
to
discharge
the
fire
marshal’s
director’s
duties
pursuant
to
this
chapter
.
5.
e.
Prescribe
the
form
and
content
of
license
and
permit
applications.
6.
2.
Conduct
The
director
shall
conduct
such
inspections
of
licensees
and
permittees
as
may
be
necessary
to
enforce
the
provisions
of
this
chapter
.
Sec.
1546.
Section
101A.7,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
868
follows:
101A.7
Inspection
of
storage
facility.
1.
The
licensee’s
or
permittee’s
explosives
storage
facility
shall
be
inspected
at
least
once
a
year
by
a
representative
of
the
state
fire
marshal’s
office
department
of
inspections,
appeals,
and
licensing
,
except
that
the
state
fire
marshal
director
may,
at
those
mining
operations
licensed
and
regulated
by
the
United
States
department
of
labor,
accept
an
approved
inspection
report
issued
by
the
United
States
department
of
labor,
mine
safety
and
health
administration,
for
the
twelve-month
period
following
the
issuance
of
the
report.
The
state
fire
marshal
director
shall
notify
the
appropriate
city
or
county
governing
board
of
licenses
to
be
issued
in
their
respective
jurisdictions
pursuant
to
this
chapter
.
The
notification
shall
contain
the
name
of
the
applicant
to
be
licensed,
the
location
of
the
facilities
to
be
used
in
storing
explosives,
the
types
and
quantities
of
explosive
materials
to
be
stored,
and
other
information
deemed
necessary
by
either
the
governing
boards
or
the
state
fire
marshal
director
.
The
facility
may
be
examined
at
other
times
by
the
sheriff
of
the
county
where
the
facility
is
located
or
by
the
local
police
authority
if
the
facility
is
located
within
a
city
of
over
ten
thousand
population
and
if
the
sheriff
or
city
council
considers
it
necessary.
2.
If
the
state
fire
marshal
director
finds
the
facility
to
be
improperly
secured,
the
licensee
or
permittee
shall
immediately
correct
the
improper
security
and,
if
not
so
corrected,
the
state
fire
marshal
director
shall
immediately
confiscate
the
stored
explosives.
Explosives
may
be
confiscated
by
the
county
sheriff
or
local
police
authority
only
if
a
situation
that
is
discovered
during
an
examination
by
those
authorities
is
deemed
to
present
an
immediate
danger.
If
the
explosives
are
confiscated
by
the
county
sheriff
or
local
police
authority,
they
shall
be
delivered
to
the
state
fire
marshal
director
.
The
state
fire
marshal
director
shall
hold
confiscated
explosives
for
a
period
of
thirty
days
under
proper
security
unless
the
period
of
holding
is
shortened
pursuant
to
this
section
.
3.
If
the
licensee
or
permittee
corrects
the
improper
Senate
File
514,
p.
869
security
within
the
thirty-day
period,
the
explosives
shall
be
returned
to
the
licensee
or
permittee
after
correction
and
after
the
licensee
or
permittee
has
paid
to
the
state
an
amount
equal
to
the
expense
incurred
by
the
state
in
storing
the
explosives
during
the
period
of
confiscation.
The
amount
of
expense
shall
be
determined
by
the
state
fire
marshal
director
.
4.
If
the
improper
security
is
not
corrected
during
the
thirty-day
period,
the
state
fire
marshal
director
shall
dispose
of
the
explosives
and
the
license
or
permit
shall
be
canceled.
A
canceled
license
or
permit
shall
not
be
reissued
for
a
period
of
two
years
from
the
date
of
cancellation.
Sec.
1547.
Section
101A.8,
Code
2023,
is
amended
to
read
as
follows:
101A.8
Report
of
theft
or
loss
required.
Any
theft
or
loss
of
explosive
materials,
whether
from
a
storage
magazine,
a
vehicle
in
which
they
are
being
transported,
or
from
a
site
on
which
they
are
being
used,
or
from
any
other
location,
shall
immediately
be
reported
by
the
person
authorized
to
possess
such
explosives
to
the
local
police
or
county
sheriff.
The
local
police
or
county
sheriff
shall
immediately
transmit
a
report
of
such
theft
or
loss
of
explosive
materials
to
the
state
fire
marshal
director
.
Sec.
1548.
Section
101A.9,
Code
2023,
is
amended
to
read
as
follows:
101A.9
Disposal
regulated.
No
person
shall
abandon
or
otherwise
dispose
of
any
explosives
in
any
manner
which
might,
as
the
result
of
such
abandonment
or
disposal,
create
any
danger
or
threat
of
danger
to
life
or
property.
Any
person
in
possession
or
control
of
explosives
shall,
when
the
need
for
such
explosives
no
longer
exists,
dispose
of
them
in
accordance
with
rules
prescribed
by
the
state
fire
marshal
director
.
Sec.
1549.
Section
101A.10,
Code
2023,
is
amended
to
read
as
follows:
101A.10
Persons
and
agencies
exempt.
This
chapter
shall
not
apply
to
the
transportation
and
use
of
explosive
materials
by
the
regular
military
or
naval
forces
of
the
United
States,
the
duly
organized
militia
of
this
state,
representatives
of
the
state
fire
marshal
director
,
the
Senate
File
514,
p.
870
state
patrol,
division
of
criminal
investigation,
local
police
departments,
sheriffs
departments,
and
fire
departments
acting
in
their
official
capacity;
nor
shall
this
chapter
apply
to
the
transportation
and
use
of
explosive
materials
by
any
peace
officer
to
enforce
provisions
of
this
chapter
when
the
peace
officer
is
acting
pursuant
to
such
authority,
however,
other
agencies
of
the
state
or
any
of
its
political
subdivisions
desiring
to
purchase,
possess,
transport,
or
use
explosive
materials
for
construction
or
other
purposes
shall
be
required
to
obtain
user’s
permits.
Sec.
1550.
Section
101A.12,
Code
2023,
is
amended
to
read
as
follows:
101A.12
Deposit
and
use
of
fees.
The
fees
collected
by
the
state
fire
marshal
director
in
issuing
licenses
pursuant
to
this
chapter
shall
be
deposited
in
the
state
general
fund.
Sec.
1551.
Section
101A.14,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Any
person
who
violates
the
provisions
of
section
101A.6
,
101A.8
or
101A.9
or
any
of
the
rules
adopted
by
the
state
fire
marshal
director
pursuant
to
the
provisions
of
this
chapter
,
commits
a
simple
misdemeanor.
Sec.
1552.
Section
101B.2,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
“Department”
means
the
department
of
public
safety
inspections,
appeals,
and
licensing
.
Sec.
1553.
Section
101B.3,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
department
of
public
safety
shall
administer
this
chapter
and
may
adopt
rules
pursuant
to
chapter
17A
to
administer
this
chapter
.
This
chapter
shall
be
implemented
in
accordance
with
the
implementation
and
substance
of
the
New
York
fire
safety
standards
for
cigarettes.
Sec.
1554.
Section
101B.6,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
A
wholesaler
or
agent
shall
provide
a
copy
of
the
cigarette
packaging
markings
received
from
a
manufacturer
to
all
retailers
to
whom
the
wholesaler
or
agent
sells
cigarettes.
A
wholesaler,
agent,
or
retailer
shall
permit
the
state
fire
Senate
File
514,
p.
871
marshal
department
,
department
of
revenue,
or
the
office
of
the
attorney
general
to
inspect
markings
of
cigarette
packaging
marked
in
accordance
with
section
101B.7
.
Sec.
1555.
Section
101B.8,
subsections
7,
8,
and
9,
Code
2023,
are
amended
to
read
as
follows:
7.
In
addition
to
any
other
remedy
provided
by
law,
the
department
of
public
safety
or
the
office
of
the
attorney
general
may
file
an
action
in
district
court
for
a
violation
of
this
chapter
,
including
petitioning
for
injunctive
relief
or
to
recover
any
costs
or
damages
suffered
by
the
state
because
of
a
violation
of
this
chapter
,
including
enforcement
costs
relating
to
the
specific
violation
and
attorney
fees.
Each
violation
of
the
chapter
or
of
rules
adopted
under
this
chapter
constitutes
a
separate
civil
violation
for
which
the
department
of
public
safety
or
the
office
of
the
attorney
general
may
seek
relief.
8.
The
department
of
revenue
in
the
regular
course
of
conducting
inspections
of
a
wholesaler,
agent,
or
retailer
may
inspect
cigarettes
in
the
possession
or
control
of
the
wholesaler,
agent,
or
retailer
or
on
the
premises
of
any
wholesaler,
agent,
or
retailer
to
determine
if
the
cigarettes
are
marked
as
required
pursuant
to
section
101B.7
.
If
the
cigarettes
are
not
marked
as
required,
the
department
of
revenue
shall
notify
the
department
of
public
safety
.
9.
To
enforce
the
provisions
of
this
chapter
,
the
department
of
public
safety
and
the
office
of
the
attorney
general
may
examine
the
books,
papers,
invoices,
and
other
records
of
any
person
in
possession,
control,
or
occupancy
of
any
premises
where
cigarettes
are
placed,
sold,
or
offered
for
sale,
including
the
stock
of
cigarettes
on
the
premises.
Sec.
1556.
Section
101B.10,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
This
chapter
shall
cease
to
be
applicable
if
federal
fire
safety
standards
for
cigarettes
that
preempt
this
chapter
are
enacted
and
take
effect
subsequent
to
January
1,
2009,
and
the
state
fire
marshal
department
shall
notify
the
secretary
of
state
and
the
Code
editor
if
such
federal
fire
safety
standards
for
cigarettes
are
enacted.
Sec.
1557.
Section
103.1,
Code
2023,
is
amended
by
adding
the
following
new
subsections:
Senate
File
514,
p.
872
NEW
SUBSECTION
.
6A.
“Department”
means
the
department
of
inspections,
appeals,
and
licensing.
NEW
SUBSECTION
.
6B.
“Director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing
or
the
director’s
designee.
Sec.
1558.
Section
103.2,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
An
electrical
examining
board
is
created
within
the
division
of
state
fire
marshal
of
the
department
of
public
safety
.
The
board
shall
consist
of
eleven
voting
members
appointed
by
the
governor
and
subject
to
senate
confirmation
,
all
of
whom
shall
be
residents
of
this
state.
Except
for
the
board
member
enumerated
in
subsection
2,
paragraph
“e”
,
members
shall
be
appointed
by
the
governor
and
subject
to
senate
confirmation.
Sec.
1559.
Section
103.2,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
2A.
a.
The
board
shall
elect
annually
from
its
members
a
chairperson
and
a
vice
chairperson.
b.
The
board
shall
hold
at
least
one
meeting
quarterly
at
the
location
of
the
board’s
principal
office,
and
meetings
shall
be
called
at
other
times
by
the
chairperson
or
four
members
of
the
board.
At
any
meeting
of
the
board,
a
majority
of
members
constitutes
a
quorum.
Sec.
1560.
Section
103.4,
Code
2023,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
103.4
Executive
secretary
——
staff
and
duties.
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.
1561.
Section
103.7,
Code
2023,
is
amended
to
read
as
follows:
103.7
Electrician
and
installer
licensing
and
inspection
fund.
Senate
File
514,
p.
873
An
electrician
and
installer
licensing
and
inspection
fund
is
created
in
the
state
treasury
as
a
separate
fund
under
the
control
of
the
board.
All
licensing,
examination,
renewal,
and
inspection
fees
shall
be
deposited
into
the
fund
and
retained
by
and
for
the
use
of
the
board.
Expenditures
from
the
fund
shall
be
approved
by
the
sole
authority
of
the
board
in
consultation
with
the
state
fire
marshal
director
.
Amounts
deposited
into
the
fund
shall
be
considered
repayment
receipts
as
defined
in
section
8.2
.
Notwithstanding
section
8.33
,
any
balance
in
the
fund
on
June
30
of
each
fiscal
year
shall
not
revert
to
the
general
fund
of
the
state,
but
shall
remain
available
for
the
purposes
of
this
chapter
in
subsequent
fiscal
years.
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
earnings
on
moneys
deposited
in
the
fund
shall
be
credited
to
the
fund.
Sec.
1562.
Section
103.14,
Code
2023,
is
amended
to
read
as
follows:
103.14
Alarm
installations.
A
person
who
is
not
licensed
pursuant
to
this
chapter
may
plan,
lay
out,
or
install
electrical
wiring,
apparatus,
and
equipment
for
components
of
alarm
systems
that
operate
at
seventy
volt/amps
(VA)
or
less,
only
if
the
person
is
certified
to
conduct
such
work
pursuant
to
chapter
100C
.
Installations
of
alarm
systems
that
operate
at
seventy
volt/amps
(VA)
or
less
are
subject
to
inspection
by
state
inspectors
as
provided
in
section
103.31
,
except
that
reports
of
such
inspections,
if
the
installation
being
inspected
was
performed
by
a
person
certified
pursuant
to
chapter
100C
,
shall
be
submitted
to
the
state
fire
marshal
director
and
any
action
taken
on
a
report
of
an
inspection
of
an
installation
performed
by
a
person
certified
pursuant
to
chapter
100C
shall
be
taken
by
or
at
the
direction
of
the
state
fire
marshal,
unless
the
installation
has
been
found
to
exceed
the
authority
granted
to
the
certificate
holder
pursuant
to
chapter
100C
and
therefore
to
be
in
violation
of
this
chapter
.
Sec.
1563.
Section
103.25,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
At
or
before
commencement
of
any
installation
required
to
be
inspected
by
the
board,
the
licensee
or
property
owner
making
Senate
File
514,
p.
874
such
installation
shall
submit
to
the
state
fire
marshal’s
office
department
a
request
for
inspection.
The
board
shall
prescribe
the
methods
by
which
the
request
may
be
submitted,
which
may
include
electronic
submission
or
through
a
form
prescribed
by
the
board
that
can
be
submitted
either
through
the
mail
or
by
a
fax
transmission.
The
board
shall
also
prescribe
methods
by
which
inspection
fees
can
be
paid,
which
may
include
electronic
methods
of
payment.
If
the
board
or
the
state
fire
marshal’s
office
department
becomes
aware
that
a
person
has
failed
to
file
a
necessary
request
for
inspection,
the
board
shall
send
a
written
notification
by
certified
mail
that
the
request
must
be
filed
within
fourteen
days.
Any
person
filing
a
late
request
for
inspection
shall
pay
a
delinquency
fee
in
an
amount
to
be
determined
by
the
board.
A
person
who
fails
to
file
a
late
request
within
fourteen
days
from
receipt
of
the
notification
shall
be
subject
to
a
civil
penalty
to
be
determined
by
the
board
by
rule.
Sec.
1564.
Section
103.26,
Code
2023,
is
amended
to
read
as
follows:
103.26
Condemnation
——
disconnection
——
opportunity
to
correct
noncompliance.
If
the
inspector
finds
that
any
installation
or
portion
of
an
installation
is
not
in
compliance
with
accepted
standards
of
construction
for
health
safety
and
property
safety,
based
upon
minimum
standards
set
forth
in
the
local
electrical
code
or
the
national
electrical
code
adopted
by
the
board
pursuant
to
section
103.6
,
the
inspector
shall
by
written
order
condemn
the
installation
or
noncomplying
portion
or
order
service
to
such
installation
disconnected
and
shall
send
a
copy
of
such
order
to
the
board,
the
state
fire
marshal
director
,
and
the
electrical
utility
supplying
power
involved.
If
the
installation
or
the
noncomplying
portion
is
such
as
to
seriously
and
proximately
endanger
human
health
or
property,
the
order
of
the
inspector
when
approved
by
the
inspector’s
supervisor
shall
require
immediate
condemnation
and
disconnection
by
the
applicant.
In
all
other
cases,
the
order
of
the
inspector
shall
establish
a
reasonable
period
of
time
for
the
installation
to
be
brought
into
compliance
with
accepted
standards
of
construction
for
health
safety
and
property
safety
prior
to
the
effective
date
Senate
File
514,
p.
875
established
in
such
order
for
condemnation
or
disconnection.
Sec.
1565.
Section
103.31,
subsections
3,
4,
and
5,
Code
2023,
are
amended
to
read
as
follows:
3.
State
inspection
procedures
and
policies
shall
be
established
by
the
board.
The
state
fire
marshal
director
,
or
the
state
fire
marshal’s
director’s
designee,
shall
enforce
the
procedures
and
policies,
and
enforce
the
provisions
of
the
national
electrical
code
adopted
by
the
board.
4.
Except
when
an
inspection
reveals
that
an
installation
or
portion
of
an
installation
is
not
in
compliance
with
accepted
standards
of
construction
for
health
safety
and
property
safety,
based
upon
minimum
standards
set
forth
in
the
local
electrical
code
or
the
national
electrical
code
adopted
by
the
board
pursuant
to
section
103.6
,
such
that
an
order
of
condemnation
or
disconnection
is
warranted
pursuant
to
section
103.26
,
an
inspector
shall
not
add
to,
modify,
or
amend
a
construction
plan
as
originally
approved
by
the
state
fire
marshal
director
or
the
state
building
code
commissioner
in
the
course
of
conducting
an
inspection.
5.
Management
and
supervision
of
inspectors,
including
hiring
decisions,
disciplinary
action,
promotions,
and
work
schedules
are
the
responsibility
of
the
state
fire
marshal
director
acting
in
accordance
with
applicable
law
and
pursuant
to
any
applicable
collective
bargaining
agreement.
The
state
fire
marshal
director
and
the
board
shall
jointly
determine
work
territories,
regions,
or
districts
for
inspectors
and
continuing
education
and
ongoing
training
requirements
applicable
to
inspectors.
An
inspector
subject
to
disciplinary
action
pursuant
to
this
subsection
shall
be
entitled
to
an
appeal
according
to
the
procedure
set
forth
in
section
103.34
and
judicial
review
pursuant
to
section
17A.19
.
Sec.
1566.
Section
103.32,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
When
an
inspection
is
requested
by
a
property
owner,
the
minimum
fee
shall
be
thirty
dollars
plus
five
dollars
per
branch
circuit
or
feeder.
The
fee
for
fire
and
accident
inspections
shall
be
computed
at
the
rate
of
forty-seven
dollars
per
hour,
and
mileage
and
other
expenses
shall
be
reimbursed
as
provided
by
the
office
of
the
state
fire
marshal
department
.
Senate
File
514,
p.
876
Sec.
1567.
Section
103.33,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Any
person
aggrieved
by
a
condemnation
or
disconnection
order
issued
by
the
state
fire
marshal’s
office
department
may
appeal
from
the
order
by
filing
a
written
notice
of
appeal
with
the
board
within
ten
days
after
the
date
the
order
was
served
upon
the
property
owner
or
within
ten
days
after
the
order
was
filed
with
the
board,
whichever
is
later.
Sec.
1568.
Section
103A.3,
Code
2023,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
6A.
“Department”
means
the
department
of
inspections,
appeals,
and
licensing.
NEW
SUBSECTION
.
6B.
“Director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing
or
the
director’s
designee.
Sec.
1569.
Section
103A.4,
Code
2023,
is
amended
to
read
as
follows:
103A.4
Building
code
commissioner.
The
commissioner
of
public
safety
director
,
in
addition
to
other
duties,
shall
serve
as
the
state
building
code
commissioner
or
may
designate
a
building
code
commissioner.
Sec.
1570.
Section
103A.23,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
For
the
purpose
of
obtaining
revenue
to
defray
the
costs
of
administering
the
provisions
of
this
chapter
,
the
commissioner
shall
establish
by
rule
a
schedule
of
fees
based
upon
the
costs
of
administration
which
fees
shall
be
collected
from
persons
whose
manufacture,
installation,
or
construction
is
subject
to
the
provisions
of
the
state
building
code.
For
the
performance
of
building
plan
reviews
by
the
department
of
public
safety
,
the
commissioner
shall
establish
by
rule
a
fee,
chargeable
to
the
owner
of
the
building,
which
shall
be
equal
to
a
percentage
of
the
estimated
total
valuation
of
the
building
and
which
shall
be
in
an
amount
reasonably
related
to
the
cost
of
conducting
the
review.
Sec.
1571.
Section
103A.54,
Code
2023,
is
amended
to
read
as
follows:
103A.54
Fees.
Notwithstanding
section
103A.23
,
the
department
of
Senate
File
514,
p.
877
public
safety
shall
retain
all
fees
collected
pursuant
to
this
subchapter
and
the
fees
retained
are
appropriated
to
the
commissioner
to
administer
the
licensing
program
and
the
certification
program
for
manufactured
or
mobile
home
installers,
including
the
employment
of
personnel
for
the
enforcement
and
administration
of
such
programs.
Sec.
1572.
Section
105.2,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
“Department”
means
the
Iowa
department
of
public
health
inspections,
appeals,
and
licensing
.
Sec.
1573.
Section
105.3,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
plumbing
and
mechanical
systems
board
is
created
within
the
Iowa
department
of
public
health
.
Sec.
1574.
Section
105.3,
subsection
2,
paragraph
a,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
board
shall
be
comprised
of
eleven
twelve
voting
members
,
appointed
by
the
governor,
as
follows:
Sec.
1575.
Section
105.3,
subsection
2,
paragraph
a,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
The
director
of
public
health
and
human
services
or
the
director’s
designee.
Sec.
1576.
Section
105.3,
subsection
2,
paragraph
a,
Code
2023,
is
amended
by
adding
the
following
new
subparagraph:
NEW
SUBPARAGRAPH
.
(2A)
The
director
of
the
department
of
inspections,
appeals,
and
licensing
or
the
director’s
designee.
Sec.
1577.
Section
105.3,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
board
members
enumerated
in
paragraph
a
“a”
,
subparagraphs
(3)
through
(9),
are
shall
be
appointed
by
the
governor
and
subject
to
confirmation
by
the
senate.
Sec.
1578.
Section
105.4,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
board
shall
establish
by
rule
a
plumbing
installation
code
governing
the
installation
of
plumbing
in
this
state.
Consistent
with
fire
safety
rules
and
standards
promulgated
by
the
state
fire
marshal
department
,
the
board
shall
adopt
the
most
current
version
of
the
uniform
plumbing
code
and
the
Senate
File
514,
p.
878
international
mechanical
code,
as
the
state
plumbing
code
and
the
state
mechanical
code,
to
govern
the
installation
of
plumbing
and
mechanical
systems
in
this
state.
The
board
shall
adopt
the
current
version
of
each
code
within
six
months
of
its
being
released.
The
board
may
adopt
amendments
to
each
code
by
rule.
The
board
shall
work
in
consultation
with
the
state
fire
marshal
department
to
ensure
that
proposed
amendments
do
not
conflict
with
the
fire
safety
rules
and
standards
promulgated
by
the
state
fire
marshal
department
.
The
state
plumbing
code
and
the
state
mechanical
code
shall
be
applicable
to
all
buildings
and
structures
owned
by
the
state
or
an
agency
of
the
state
and
in
each
local
jurisdiction.
Sec.
1579.
Section
105.12,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
contracting,
plumbing,
mechanical,
HVAC-refrigeration,
sheet
metal,
or
hydronic
license
shall
be
in
the
form
of
a
certificate
under
the
seal
of
the
department,
signed
by
the
director
of
public
health
the
department
,
and
shall
be
issued
in
the
name
of
the
board.
The
license
number
shall
be
noted
on
the
face
of
the
license.
Sec.
1580.
Section
135.11A,
Code
2023,
is
amended
to
read
as
follows:
135.11A
Professional
licensure
division
——
other
licensing
Licensing
boards
——
expenses
——
fees.
1.
There
shall
be
a
professional
licensure
division
within
the
department
of
public
health.
Each
board
under
chapter
chapters
100C,
103,
103A,
105,
or
147
or
that
are
under
the
administrative
authority
of
the
department,
except
the
board
of
nursing,
board
of
medicine,
dental
board,
and
board
of
pharmacy,
shall
receive
administrative
and
clerical
support
from
the
division
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
135.11B
.
2.
The
professional
licensure
division
department
and
the
licensing
boards
referenced
in
subsection
1
may
expend
funds
in
addition
to
amounts
budgeted,
if
those
additional
expenditures
are
directly
the
result
of
actual
examination
and
exceed
funds
budgeted
for
examinations.
Before
the
division
Senate
File
514,
p.
879
department
or
a
licensing
board
expends
or
encumbers
an
amount
in
excess
of
the
funds
budgeted
for
examinations,
the
director
of
the
department
of
management
shall
approve
the
expenditure
or
encumbrance.
Before
approval
is
given,
the
department
of
management
shall
determine
that
the
examination
expenses
exceed
the
funds
budgeted
by
the
general
assembly
to
the
division
department
or
board
and
the
division
department
or
board
does
not
have
other
funds
from
which
examination
expenses
can
be
paid.
Upon
approval
of
the
department
of
management,
the
division
department
or
licensing
board
may
expend
and
encumber
funds
for
excess
examination
expenses.
The
amounts
necessary
to
fund
the
excess
examination
expenses
shall
be
collected
as
fees
from
additional
examination
applicants
and
shall
be
treated
as
repayment
receipts
as
defined
in
section
8.2
.
Sec.
1581.
Section
135.24,
subsection
2,
paragraph
a,
Code
2023,
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,
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
Iowa
department
of
public
health
inspections,
appeals,
and
licensing
,
as
applicable.
Sec.
1582.
Section
135.31,
Code
2023,
is
amended
to
read
as
follows:
135.31
Location
of
boards
——
rulemaking.
The
offices
for
the
board
of
medicine,
the
board
of
pharmacy,
the
board
of
nursing,
and
the
dental
board
shall
be
located
within
the
department
of
public
health
.
The
individual
boards
shall
have
policymaking
and
rulemaking
authority.
Sec.
1583.
Section
135.37,
Code
2023,
is
amended
to
read
as
follows:
135.37
Tattooing
——
permit
requirement
——
penalty.
1.
A
person
shall
not
own,
control
and
lease,
act
as
an
agent
for,
conduct,
manage,
or
operate
an
establishment
to
practice
the
art
of
tattooing
or
engage
in
the
practice
of
Senate
File
514,
p.
880
tattooing
without
first
applying
for
and
receiving
a
permit
from
the
Iowa
department
of
public
health
.
2.
A
minor
shall
not
obtain
a
tattoo
and
a
person
shall
not
provide
a
tattoo
to
a
minor.
For
the
purposes
of
this
section
,
“minor”
means
an
unmarried
person
who
is
under
the
age
of
eighteen
years.
3.
A
person
who
fails
to
meet
the
requirements
of
subsection
1
or
a
person
providing
a
tattoo
to
a
minor
is
guilty
of
a
serious
misdemeanor.
4.
The
Iowa
department
of
public
health
shall:
a.
Adopt
rules
pursuant
to
chapter
17A
and
establish
and
collect
all
fees
necessary
to
administer
this
section
.
The
provisions
of
chapter
17A
,
including
licensing
provisions,
judicial
review,
and
appeal,
shall
apply
to
this
chapter
section
.
b.
Establish
minimum
safety
and
sanitation
criteria
for
the
operation
of
tattooing
establishments.
5.
If
the
Iowa
department
of
public
health
determines
that
a
provision
of
this
section
has
been
or
is
being
violated,
the
department
may
order
that
a
tattooing
establishment
not
be
operated
until
the
necessary
corrective
action
has
been
taken.
If
the
establishment
continues
to
be
operated
in
violation
of
the
order
of
the
department,
the
department
may
request
that
the
county
attorney
or
the
attorney
general
make
an
application
in
the
name
of
the
state
to
the
district
court
of
the
county
in
which
the
violations
have
occurred
for
an
order
to
enjoin
the
violations.
This
remedy
is
in
addition
to
any
other
legal
remedy
available
to
the
department.
6.
As
necessary
to
avoid
duplication
and
promote
coordination
of
public
health
inspection
and
enforcement
activities,
the
department
may
enter
into
agreements
with
local
boards
of
health
to
provide
for
inspection
of
tattooing
establishments
and
enforcement
activities
in
accordance
with
the
rules
and
criteria
implemented
under
this
section
.
Sec.
1584.
Section
135.61,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
As
used
in
this
subchapter
part
,
unless
the
context
otherwise
requires:
Sec.
1585.
Section
135.61,
subsection
1,
paragraph
d,
Code
Senate
File
514,
p.
881
2023,
is
amended
to
read
as
follows:
d.
Each
institutional
health
facility
or
health
maintenance
organization
which,
prior
to
receipt
of
the
application
by
the
department,
has
formally
indicated
to
the
department
pursuant
to
this
subchapter
part
an
intent
to
furnish
in
the
future
institutional
health
services
similar
to
the
new
institutional
health
service
proposed
in
the
application.
Sec.
1586.
Section
135.61,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
“Council”
means
the
state
health
facilities
council
established
by
this
subchapter
part
.
Sec.
1587.
Section
135.61,
subsections
5
and
7,
Code
2023,
are
amended
by
striking
the
subsections.
Sec.
1588.
Section
135.62,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
This
subchapter
part
shall
be
administered
by
the
department.
The
director
shall
employ
or
cause
to
be
employed
the
necessary
persons
to
discharge
the
duties
imposed
on
the
department
by
this
subchapter
part
.
Sec.
1589.
Section
135.62,
subsection
2,
paragraph
e,
subparagraphs
(2),
(4),
and
(5),
Code
2023,
are
amended
to
read
as
follows:
(2)
Determine
and
adopt
such
policies
as
are
authorized
by
law
and
are
deemed
necessary
to
the
efficient
discharge
of
its
duties
under
this
subchapter
part
.
(4)
Advise
and
counsel
with
the
director
concerning
the
provisions
of
this
subchapter
part
and
the
policies
and
procedures
adopted
by
the
department
pursuant
to
this
subchapter
part
.
(5)
Review
and
approve,
prior
to
promulgation,
all
rules
adopted
by
the
department
under
this
subchapter
part
.
Sec.
1590.
Section
135.63,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
new
institutional
health
service
or
changed
institutional
health
service
shall
not
be
offered
or
developed
in
this
state
without
prior
application
to
the
department
for
and
receipt
of
a
certificate
of
need,
pursuant
to
this
subchapter
part
.
The
application
shall
be
made
upon
forms
furnished
or
prescribed
by
the
department
and
shall
contain
such
Senate
File
514,
p.
882
information
as
the
department
may
require
under
this
subchapter
part
.
The
application
shall
be
accompanied
by
a
fee
equivalent
to
three-tenths
of
one
percent
of
the
anticipated
cost
of
the
project
with
a
minimum
fee
of
six
hundred
dollars
and
a
maximum
fee
of
twenty-one
thousand
dollars.
The
fee
shall
be
remitted
by
the
department
to
the
treasurer
of
state,
who
shall
place
it
in
the
general
fund
of
the
state.
If
an
application
is
voluntarily
withdrawn
within
thirty
calendar
days
after
submission,
seventy-five
percent
of
the
application
fee
shall
be
refunded;
if
the
application
is
voluntarily
withdrawn
more
than
thirty
but
within
sixty
days
after
submission,
fifty
percent
of
the
application
fee
shall
be
refunded;
if
the
application
is
withdrawn
voluntarily
more
than
sixty
days
after
submission,
twenty-five
percent
of
the
application
fee
shall
be
refunded.
Notwithstanding
the
required
payment
of
an
application
fee
under
this
subsection
,
an
applicant
for
a
new
institutional
health
service
or
a
changed
institutional
health
service
offered
or
developed
by
an
intermediate
care
facility
for
persons
with
an
intellectual
disability
or
an
intermediate
care
facility
for
persons
with
mental
illness
as
defined
pursuant
to
section
135C.1
is
exempt
from
payment
of
the
application
fee.
Sec.
1591.
Section
135.63,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
This
subchapter
part
shall
not
be
construed
to
augment,
limit,
contravene,
or
repeal
in
any
manner
any
other
statute
of
this
state
which
may
authorize
or
relate
to
licensure,
regulation,
supervision,
or
control
of,
nor
to
be
applicable
to:
Sec.
1592.
Section
135.63,
subsection
2,
paragraph
f,
Code
2023,
is
amended
to
read
as
follows:
f.
A
residential
care
facility,
as
defined
in
section
135C.1
,
including
a
residential
care
facility
for
persons
with
an
intellectual
disability,
notwithstanding
any
provision
in
this
subchapter
part
to
the
contrary.
Sec.
1593.
Section
135.63,
subsection
2,
paragraph
g,
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
reduction
in
bed
capacity
of
an
institutional
health
facility,
notwithstanding
any
provision
in
this
subchapter
part
Senate
File
514,
p.
883
to
the
contrary,
if
all
of
the
following
conditions
exist:
Sec.
1594.
Section
135.63,
subsection
2,
paragraph
h,
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
deletion
of
one
or
more
health
services,
previously
offered
on
a
regular
basis
by
an
institutional
health
facility
or
health
maintenance
organization,
notwithstanding
any
provision
of
this
subchapter
part
to
the
contrary,
if
all
of
the
following
conditions
exist:
Sec.
1595.
Section
135.63,
subsection
2,
paragraph
j,
Code
2023,
is
amended
to
read
as
follows:
j.
The
construction,
modification,
or
replacement
of
nonpatient
care
services,
including
parking
facilities,
heating,
ventilation
and
air
conditioning
systems,
computers,
telephone
systems,
medical
office
buildings,
and
other
projects
of
a
similar
nature,
notwithstanding
any
provision
in
this
subchapter
part
to
the
contrary.
Sec.
1596.
Section
135.63,
subsection
2,
paragraph
k,
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
redistribution
of
beds
by
a
hospital
within
the
acute
care
category
of
bed
usage,
notwithstanding
any
provision
in
this
subchapter
part
to
the
contrary,
if
all
of
the
following
conditions
exist:
Sec.
1597.
Section
135.63,
subsection
2,
paragraph
l,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
replacement
or
modernization
of
any
institutional
health
facility
if
the
replacement
or
modernization
does
not
add
new
health
services
or
additional
bed
capacity
for
existing
health
services,
notwithstanding
any
provision
in
this
subchapter
part
to
the
contrary.
With
respect
to
a
nursing
facility,
“replacement”
means
establishing
a
new
facility
within
the
same
county
as
the
prior
facility
to
be
closed.
With
reference
to
a
hospital,
“replacement”
means
establishing
a
new
hospital
that
demonstrates
compliance
with
all
of
the
following
criteria
through
evidence
submitted
to
the
department:
Sec.
1598.
Section
135.63,
subsection
2,
paragraphs
m
and
n,
Code
2023,
are
amended
to
read
as
follows:
Senate
File
514,
p.
884
m.
Hemodialysis
services
provided
by
a
hospital
or
freestanding
facility,
notwithstanding
any
provision
in
this
subchapter
part
to
the
contrary.
n.
Hospice
services
provided
by
a
hospital,
notwithstanding
any
provision
in
this
subchapter
part
to
the
contrary.
Sec.
1599.
Section
135.63,
subsection
2,
paragraph
p,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
conversion
of
an
existing
number
of
beds
by
an
intermediate
care
facility
for
persons
with
an
intellectual
disability
to
a
smaller
facility
environment,
including
but
not
limited
to
a
community-based
environment
which
does
not
result
in
an
increased
number
of
beds,
notwithstanding
any
provision
in
this
subchapter
part
to
the
contrary,
including
subsection
4
,
if
all
of
the
following
conditions
exist:
Sec.
1600.
Section
135.63,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
This
subchapter
part
shall
not
be
construed
to
be
applicable
to
a
health
care
facility
operated
by
and
for
the
exclusive
use
of
members
of
a
religious
order,
which
does
not
admit
more
than
two
individuals
to
the
facility
from
the
general
public,
and
which
was
in
operation
prior
to
July
1,
1986.
However,
this
subchapter
part
is
applicable
to
such
a
facility
if
the
facility
is
involved
in
the
offering
or
developing
of
a
new
or
changed
institutional
health
service
on
or
after
July
1,
1986.
Sec.
1601.
Section
135.63,
subsection
4,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
copy
of
the
application
shall
be
sent
to
the
department
of
health
and
human
services
at
the
time
the
application
is
submitted
to
the
Iowa
department
of
public
health
.
The
department
shall
not
process
applications
for
and
the
council
shall
not
consider
a
new
or
changed
institutional
health
service
for
an
intermediate
care
facility
for
persons
with
an
intellectual
disability
unless
both
of
the
following
conditions
are
met:
Sec.
1602.
Section
135.64,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
In
the
evaluation
of
applications
for
certificates
Senate
File
514,
p.
885
of
need
submitted
by
the
university
of
Iowa
hospitals
and
clinics,
the
unique
features
of
that
institution
relating
to
statewide
tertiary
health
care,
health
science
education,
and
clinical
research
shall
be
given
due
consideration.
Further,
in
administering
this
subchapter
part
,
the
unique
capacity
of
university
hospitals
for
the
evaluation
of
technologically
innovative
equipment
and
other
new
health
services
shall
be
utilized.
Sec.
1603.
Section
135.72,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
shall
adopt,
with
approval
of
the
council,
such
administrative
rules
as
are
necessary
to
enable
it
to
implement
this
subchapter
part
.
These
rules
shall
include:
Sec.
1604.
Section
135.73,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Any
party
constructing
a
new
institutional
health
facility
or
an
addition
to
or
renovation
of
an
existing
institutional
health
facility
without
first
obtaining
a
certificate
of
need
or,
in
the
case
of
a
mobile
health
service,
ascertaining
that
the
mobile
health
service
has
received
certificate
of
need
approval,
as
required
by
this
subchapter
part
,
shall
be
denied
licensure
or
change
of
licensure
by
the
appropriate
responsible
licensing
agency
of
this
state.
Sec.
1605.
Section
135.73,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
party
violating
this
subchapter
part
shall
be
subject
to
penalties
in
accordance
with
this
section
.
The
department
shall
adopt
rules
setting
forth
the
violations
by
classification,
the
criteria
for
the
classification
of
any
violation
not
listed,
and
procedures
for
implementing
this
subsection
.
Sec.
1606.
Section
135.73,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Notwithstanding
any
other
sanction
imposed
pursuant
to
this
section
,
a
party
offering
or
developing
any
new
institutional
health
service
or
changed
institutional
health
service
without
first
obtaining
a
certificate
of
need
as
required
by
this
subchapter
part
may
be
temporarily
or
permanently
restrained
from
doing
so
by
any
court
of
competent
jurisdiction
in
any
action
brought
by
the
state,
any
of
its
Senate
File
514,
p.
886
political
subdivisions,
or
any
other
interested
person.
Sec.
1607.
Section
135.74,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
department
shall,
where
appropriate,
provide
for
modification,
consistent
with
the
purposes
of
this
subchapter
part
,
of
reporting
requirements
to
correctly
reflect
the
differences
among
hospitals
and
among
health
care
facilities
referred
to
in
subsection
2
,
and
to
avoid
otherwise
unduly
burdensome
costs
in
meeting
the
requirements
of
uniform
methods
of
financial
reporting.
Sec.
1608.
Section
135.75,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Where
more
than
one
licensed
hospital
or
health
care
facility
is
operated
by
the
reporting
organization,
the
information
required
by
this
section
shall
be
reported
separately
for
each
licensed
hospital
or
health
care
facility.
The
department
shall
require
preparation
of
specified
financial
reports
by
a
certified
public
accountant,
and
may
require
attestation
of
responsible
officials
of
the
reporting
hospital
or
health
care
facility
that
the
reports
submitted
are
to
the
best
of
their
knowledge
and
belief
prepared
in
accordance
with
the
prescribed
methods
of
reporting.
The
department
shall
have
the
right
to
inspect
the
books,
audits
and
records
of
any
hospital
or
health
care
facility
as
reasonably
necessary
to
verify
reports
submitted
pursuant
to
this
subchapter
part
.
Sec.
1609.
Section
135.76,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
department
shall
from
time
to
time
undertake
analyses
and
studies
relating
to
hospital
and
health
care
facility
costs
and
to
the
financial
status
of
hospitals
or
health
care
facilities,
or
both,
which
are
subject
to
the
provisions
of
this
subchapter
part
.
It
shall
further
require
the
filing
of
information
concerning
the
total
financial
needs
of
each
individual
hospital
or
health
care
facility
and
the
resources
currently
or
prospectively
available
to
meet
these
needs,
including
the
effect
of
proposals
made
by
health
systems
agencies.
The
department
shall
also
prepare
and
file
such
summaries
and
compilations
or
other
supplementary
reports
based
on
the
information
filed
with
it
as
will,
in
its
judgment,
Senate
File
514,
p.
887
advance
the
purposes
of
this
subchapter
part
.
Sec.
1610.
Section
135C.2,
subsection
3,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
The
rules
adopted
for
intermediate
care
facilities
for
persons
with
an
intellectual
disability
shall
be
consistent
with,
but
no
more
restrictive
than,
the
federal
standards
for
intermediate
care
facilities
for
persons
with
an
intellectual
disability
established
pursuant
to
the
federal
Social
Security
Act,
§1905(c)(d),
as
codified
in
42
U.S.C.
§1396d,
in
effect
on
January
1,
1989.
However,
in
order
for
an
intermediate
care
facility
for
persons
with
an
intellectual
disability
to
be
licensed,
the
state
fire
marshal
director
must
certify
to
the
department
that
the
facility
meets
the
applicable
provisions
of
the
rules
adopted
for
such
facilities
by
the
state
fire
marshal
director
.
The
state
fire
marshal’s
director’s
rules
shall
be
based
upon
such
a
facility’s
compliance
with
either
the
provisions
applicable
to
health
care
occupancies
or
residential
board
and
care
occupancies
of
the
life
safety
code
of
the
national
fire
protection
association,
2000
edition.
The
department
shall
adopt
additional
rules
for
intermediate
care
facilities
for
persons
with
an
intellectual
disability
pursuant
to
section
135C.14,
subsection
8
.
Sec.
1611.
Section
135C.2,
subsection
5,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
A
facility
must
be
located
in
an
area
zoned
for
single
or
multiple-family
housing
or
in
an
unincorporated
area
and
must
be
constructed
in
compliance
with
applicable
local
requirements
and
the
rules
adopted
for
the
special
classification
by
the
state
fire
marshal
director
in
accordance
with
the
concept
of
the
least
restrictive
environment
for
the
facility
residents.
Local
requirements
shall
not
be
more
restrictive
than
the
rules
adopted
for
the
special
classification
by
the
state
fire
marshal
director
and
the
state
building
code
requirements
for
single
or
multiple-family
housing,
under
section
103A.7
.
Sec.
1612.
Section
135C.5,
Code
2023,
is
amended
to
read
as
follows:
135C.5
Limitations
on
use.
Another
business
or
activity
serving
persons
other
than
the
residents
of
a
health
care
facility
may
be
operated
or
Senate
File
514,
p.
888
provided
in
a
designated
part
of
the
physical
structure
of
the
health
care
facility
if
the
other
business
or
activity
meets
the
requirements
of
applicable
state
and
federal
laws,
administrative
rules,
and
federal
regulations.
The
department
shall
not
limit
the
ability
of
a
health
care
facility
to
operate
or
provide
another
business
or
activity
in
the
designated
part
of
the
facility
if
the
business
or
activity
does
not
interfere
with
the
use
of
the
facility
by
the
residents
or
with
the
services
provided
to
the
residents,
and
is
not
disturbing
to
the
residents.
In
denying
the
ability
of
a
health
care
facility
to
operate
or
provide
another
business
or
activity
under
this
section
,
the
burden
of
proof
shall
be
on
the
department
to
demonstrate
that
the
other
business
or
activity
substantially
interferes
with
the
use
of
the
facility
by
the
residents
or
the
services
provided
to
the
residents,
or
is
disturbing
to
the
residents.
The
state
fire
marshal
director
,
in
accordance
with
chapter
17A
,
shall
adopt
rules
which
establish
criteria
for
approval
of
a
business
or
activity
to
be
operated
or
provided
in
a
designated
part
of
the
physical
structure
of
a
health
care
facility.
For
the
purposes
of
this
section
,
“another
business
or
activity”
shall
not
include
laboratory
services
with
the
exception
of
laboratory
services
for
which
a
waiver
from
regulatory
oversight
has
been
obtained
under
the
federal
Clinical
Laboratory
Improvement
Amendments
of
1988,
Pub.
L.
No.
100-578,
as
amended,
radiological
services,
anesthesiology
services,
obstetrical
services,
surgical
services,
or
emergency
room
services
provided
by
hospitals
licensed
under
chapter
135B
.
Sec.
1613.
Section
135C.9,
Code
2023,
is
amended
to
read
as
follows:
135C.9
Inspection
before
issuance
——
notice
of
deficiencies.
1.
The
department
shall
not
issue
a
health
care
facility
license
to
any
applicant
until:
a.
The
department
has
ascertained
that
the
staff
and
equipment
of
the
facility
is
adequate
to
provide
the
care
and
services
required
of
a
health
care
facility
of
the
category
for
which
the
license
is
sought.
Prior
to
the
review
and
approval
of
plans
and
specifications
for
any
new
facility
and
the
initial
licensing
under
a
new
licensee,
a
resume
of
the
programs
and
Senate
File
514,
p.
889
services
to
be
furnished
and
of
the
means
available
to
the
applicant
for
providing
the
same
and
for
meeting
requirements
for
staffing,
equipment,
and
operation
of
the
health
care
facility,
with
particular
reference
to
the
professional
requirements
for
services
to
be
rendered,
shall
be
submitted
in
writing
to
the
department
for
review
and
approval.
The
resume
shall
be
reviewed
by
the
department
within
ten
working
days
and
returned
to
the
applicant.
The
resume
shall,
upon
the
department’s
request,
be
revised
as
appropriate
by
the
facility
from
time
to
time
after
issuance
of
a
license.
b.
The
facility
has
been
inspected
by
the
state
fire
marshal
or
a
deputy
appointed
by
the
fire
marshal
for
that
purpose
director
,
who
may
be
a
member
of
a
municipal
fire
department,
and
the
department
has
received
either
a
certificate
of
compliance
or
a
provisional
certificate
of
compliance
by
the
facility
with
the
fire
hazard
and
fire
safety
rules
and
standards
of
the
department
as
promulgated
by
the
fire
marshal
director
and,
where
applicable,
the
fire
safety
standards
required
for
participation
in
programs
authorized
by
either
Tit.
XVIII
or
Tit.
XIX
of
the
United
States
Social
Security
Act,
codified
at
42
U.S.C.
§1395
–
1395ll
and
1396
–
1396g.
The
certificate
or
provisional
certificate
shall
be
signed
by
the
fire
marshal
director
or
the
fire
marshal’s
deputy
director’s
designee
who
made
the
inspection.
If
the
state
fire
marshal
or
a
deputy
director
finds
a
deficiency
upon
inspection,
the
notice
to
the
facility
shall
be
provided
in
a
timely
manner
and
shall
specifically
describe
the
nature
of
the
deficiency,
identifying
the
Code
section
or
subsection
or
the
rule
or
standard
violated.
The
notice
shall
also
specify
the
time
allowed
for
correction
of
the
deficiency,
at
the
end
of
which
time
the
fire
marshal
or
a
deputy
director
shall
perform
a
follow-up
inspection.
2.
The
rules
and
standards
promulgated
by
the
fire
marshal
director
pursuant
to
subsection
1
,
paragraph
“b”
of
this
section
shall
be
substantially
in
keeping
with
the
latest
generally
recognized
safety
criteria
for
the
facilities
covered,
of
which
the
applicable
criteria
recommended
and
published
from
time
to
time
by
the
national
fire
protection
association
shall
be
prima
facie
evidence.
The
rules
and
standards
promulgated
by
the
fire
marshal
director
shall
be
promulgated
in
consultation
Senate
File
514,
p.
890
with
the
department
and
shall,
to
the
greatest
extent
possible,
be
consistent
with
rules
adopted
by
the
department
under
this
chapter
.
3.
The
state
fire
marshal
or
the
fire
marshal’s
deputy
director
may
issue
successive
provisional
certificates
of
compliance
for
periods
of
one
year
each
to
a
facility
which
is
in
substantial
compliance
with
the
applicable
fire
hazard
and
fire
safety
rules
and
standards,
upon
satisfactory
evidence
of
an
intent,
in
good
faith,
by
the
owner
or
operator
of
the
facility
to
correct
the
deficiencies
noted
upon
inspection
within
a
reasonable
period
of
time
as
determined
by
the
state
fire
marshal
or
the
fire
marshal’s
deputy
director
.
Renewal
of
a
provisional
certificate
shall
be
based
on
a
showing
of
substantial
progress
in
eliminating
deficiencies
noted
upon
the
last
previous
inspection
of
the
facility
without
the
appearance
of
additional
deficiencies
other
than
those
arising
from
changes
in
the
fire
hazard
and
fire
safety
rules,
regulations
and
standards
which
have
occurred
since
the
last
previous
inspection,
except
that
substantial
progress
toward
achievement
of
a
good
faith
intent
by
the
owner
or
operator
to
replace
the
entire
facility
within
a
reasonable
period
of
time,
as
determined
by
the
state
fire
marshal
or
the
fire
marshal’s
deputy
director
,
may
be
accepted
as
a
showing
of
substantial
progress
in
eliminating
deficiencies,
for
the
purposes
of
this
section
.
4.
If
a
facility
subject
to
licensure
under
this
chapter
,
a
facility
exempt
from
licensure
under
this
chapter
pursuant
to
section
135C.6
,
or
a
family
home
under
section
335.25
or
414.22
,
has
been
issued
a
certificate
of
compliance
or
a
provisional
certificate
of
compliance
under
subsection
1
or
3
,
or
has
otherwise
been
approved
as
complying
with
a
rule
or
standard
by
the
state
or
a
deputy
fire
marshal
the
director
or
a
local
building
department
as
defined
in
section
103A.3
,
the
state
or
deputy
fire
marshal
director
or
local
building
department
which
issued
the
certificate,
provisional
certificate,
or
approval
shall
not
apply
additional
requirements
for
compliance
with
the
rule
or
standard
unless
the
rule
or
standard
is
revised
in
accordance
with
chapter
17A
or
with
local
regulatory
procedure
following
issuance
of
the
certificate,
provisional
certificate,
Senate
File
514,
p.
891
or
approval.
Sec.
1614.
Section
135C.14,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
shall,
in
accordance
with
chapter
17A
and
with
the
approval
of
the
state
board
of
health,
adopt
and
enforce
rules
setting
minimum
standards
for
health
care
facilities.
In
so
doing,
the
department,
with
the
approval
of
the
state
board
of
health,
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’s
director
of
health
and
human
services’
designee,
with
the
state
fire
marshal
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.
1615.
Section
135C.14,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Location
and
construction
of
the
facility,
including
plumbing,
heating,
lighting,
ventilation,
and
other
housing
conditions,
which
shall
ensure
the
health,
safety
and
comfort
of
residents
and
protection
from
fire
hazards.
The
rules
of
the
department
relating
to
protection
from
fire
hazards
and
fire
safety
shall
be
promulgated
by
the
state
fire
marshal
director
in
consultation
with
the
department,
and
shall
be
in
keeping
with
the
latest
generally
recognized
safety
criteria
for
the
facilities
covered
of
which
the
applicable
criteria
recommended
and
published
from
time
to
time
by
the
national
fire
protection
association
are
prima
facie
evidence.
To
the
greatest
extent
possible,
the
rules
promulgated
by
the
state
fire
marshal
director
shall
be
consistent
with
the
rules
adopted
by
the
department
under
this
chapter
.
Sec.
1616.
Section
135C.16,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
An
authorized
representative
of
the
department
may
enter
any
licensed
health
care
facility
without
a
warrant,
and
may
examine
all
records
pertaining
to
the
care
provided
residents
of
the
facility.
An
authorized
representative
of
the
Senate
File
514,
p.
892
department
may
contact
or
interview
any
resident,
employee,
or
any
other
person
who
might
have
knowledge
about
the
operation
of
a
health
care
facility.
An
authorized
representative
of
the
department
of
human
services
shall
have
the
same
right
with
respect
to
any
facility
where
one
or
more
residents
are
cared
for
entirely
or
partially
at
public
expense,
and
an
authorized
representative
of
the
designated
protection
and
advocacy
agency
shall
have
the
same
right
with
respect
to
any
facility
where
one
or
more
residents
have
developmental
disabilities
or
mental
illnesses,
and
the
state
fire
marshal
or
a
deputy
appointed
pursuant
to
section
135C.9,
subsection
1
,
paragraph
“b”
,
director
shall
have
the
same
right
of
entry
into
any
facility
and
the
right
to
inspect
any
records
pertinent
to
fire
safety
practices
and
conditions
within
that
facility,
and
an
authorized
representative
of
the
office
of
long-term
care
ombudsman
shall
have
the
same
right
with
respect
to
any
nursing
facility
or
residential
care
facility.
If
any
such
authorized
representative
has
probable
cause
to
believe
that
any
institution,
building,
or
agency
not
licensed
as
a
health
care
facility
is
in
fact
a
health
care
facility
as
defined
by
this
chapter
,
and
upon
producing
identification
that
the
individual
is
an
authorized
representative
is
denied
entry
thereto
for
the
purpose
of
making
an
inspection,
the
authorized
representative
may,
with
the
assistance
of
the
county
attorney
of
the
county
in
which
the
purported
health
care
facility
is
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
any
violations
of
this
chapter
.
Sec.
1617.
Section
135C.17,
Code
2023,
is
amended
to
read
as
follows:
135C.17
Duties
of
other
departments.
It
shall
be
the
duty
of
the
department
of
human
services,
state
fire
marshal,
office
of
long-term
care
ombudsman,
and
the
officers
and
agents
of
other
state
and
local
governmental
units,
and
the
designated
protection
and
advocacy
agency
to
assist
the
department
in
carrying
out
the
provisions
of
this
chapter
,
insofar
as
the
functions
of
these
respective
offices
and
departments
are
concerned
with
the
health,
welfare,
and
safety
of
any
resident
of
any
health
care
facility.
It
shall
Senate
File
514,
p.
893
be
the
duty
of
the
department
to
cooperate
with
the
protection
and
advocacy
agency
and
the
office
of
long-term
care
ombudsman
by
responding
to
all
reasonable
requests
for
assistance
and
information
as
required
by
federal
law
and
this
chapter
.
Sec.
1618.
Section
135I.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Department”
means
the
Iowa
department
of
public
health
inspections,
appeals,
and
licensing
.
Sec.
1619.
Section
135K.1,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
“Department”
means
the
Iowa
department
of
public
health
inspections,
appeals,
and
licensing
.
Sec.
1620.
Section
136D.2,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
“Department”
means
the
Iowa
department
of
public
health
inspections,
appeals,
and
licensing
.
2.
“Director”
means
the
director
of
public
health
the
department
of
inspections,
appeals,
and
licensing
,
or
the
director’s
designee.
Sec.
1621.
Section
137C.35,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
A
bed
and
breakfast
inn
is
subject
to
regulation,
licensing,
and
inspection
under
this
chapter
,
but
separate
toilet
and
lavatory
facilities
shall
not
be
required
for
each
guest
room.
Additionally,
a
bed
and
breakfast
inn
is
exempt
from
fire
safety
rules
adopted
pursuant
to
section
100.35
and
applicable
to
hotels,
but
is
subject
to
fire
safety
rules
which
the
state
fire
marshal
director
shall
specifically
adopt
for
bed
and
breakfast
inns.
Sec.
1622.
Section
138.1,
subsections
4
and
5,
Code
2023,
are
amended
to
read
as
follows:
4.
“Department”
means
the
Iowa
department
of
public
health
inspections,
appeals,
and
licensing
.
5.
“Director”
means
the
director
of
public
health
the
department
of
inspections,
appeals,
and
licensing
or
the
director’s
designee.
Sec.
1623.
Section
147.1,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Department”
means
the
department
of
public
health
Senate
File
514,
p.
894
inspections,
appeals,
and
licensing
.
Sec.
1624.
Section
147.82,
Code
2023,
is
amended
to
read
as
follows:
147.82
Fee
retention.
All
fees
collected
by
a
board
listed
in
section
147.13
or
by
the
department
for
the
bureau
of
professional
licensure
,
and
fees
collected
pursuant
to
sections
124.301
and
147.80
and
chapter
155A
by
the
board
of
pharmacy,
shall
be
retained
by
each
board
or
by
the
department
for
the
bureau
of
professional
licensure
.
The
moneys
retained
by
a
board
shall
be
used
for
any
of
the
board’s
duties,
including
but
not
limited
to
the
addition
of
full-time
equivalent
positions
for
program
services
and
investigations.
Revenues
retained
by
a
board
pursuant
to
this
section
shall
be
considered
repayment
receipts
as
defined
in
section
8.2
.
Notwithstanding
section
8.33
,
moneys
retained
by
a
board
pursuant
to
this
section
are
not
subject
to
reversion
to
the
general
fund
of
the
state.
Sec.
1625.
Section
148C.1,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
“Department”
means
the
department
of
public
health
inspections,
appeals,
and
licensing
.
Sec.
1626.
Section
152B.1,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Department”
means
the
Iowa
department
of
public
health
inspections,
appeals,
and
licensing
.
Sec.
1627.
Section
154A.1,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Department”
means
the
Iowa
department
of
public
health
inspections,
appeals,
and
licensing
.
Sec.
1628.
Section
154B.8,
Code
2023,
is
amended
to
read
as
follows:
154B.8
Voluntary
surrender
of
license.
The
director
of
public
health
the
department
of
inspections,
appeals,
and
licensing
may
accept
the
voluntary
surrender
of
license
if
accompanied
by
a
written
statement
of
intention.
The
voluntary
surrender,
when
accepted,
shall
have
the
same
force
and
effect
as
an
order
of
revocation.
Sec.
1629.
Section
154B.13,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
895
2.
The
board
shall
appoint
a
prescribing
psychologist
rules
subcommittee
comprised
of
a
psychologist
appointed
by
the
board,
a
physician
appointed
by
the
board
of
medicine,
and
a
member
of
the
public
appointed
by
the
director
of
public
health
the
department
of
inspections,
appeals,
and
licensing
to
develop
rules
for
consideration
by
the
board
pursuant
to
this
section
.
Sec.
1630.
Section
154E.1,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
“Department”
means
the
Iowa
department
of
public
health
inspections,
appeals,
and
licensing
.
Sec.
1631.
Section
155A.13,
subsection
3,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
An
applicant
seeking
a
special
or
limited-use
pharmacy
license
for
a
proposed
telepharmacy
site
that
does
not
meet
the
mileage
requirement
established
in
paragraph
“c”
and
is
not
statutorily
exempt
from
the
mileage
requirement
may
apply
to
the
board
for
a
waiver
of
the
mileage
requirement.
A
waiver
request
shall
only
be
granted
if
the
applicant
can
demonstrate
to
the
board
that
the
proposed
telepharmacy
site
is
located
in
an
area
where
there
is
limited
access
to
pharmacy
services
and
can
establish
the
existence
of
compelling
circumstances
that
justify
waiving
the
mileage
requirement.
The
board’s
decision
to
grant
or
deny
a
waiver
request
shall
be
a
proposed
decision
subject
to
mandatory
review
by
the
director
of
public
health
the
department
of
inspections,
appeals,
and
licensing
.
The
director
shall
review
a
proposed
decision
and
shall
have
the
power
to
approve,
modify,
or
veto
a
proposed
decision.
The
director’s
decision
on
a
waiver
request
shall
be
considered
final
agency
action
subject
to
judicial
review
under
chapter
17A
.
Sec.
1632.
Section
156.1A,
Code
2023,
is
amended
to
read
as
follows:
156.1A
Provision
of
services.
Nothing
contained
in
this
chapter
shall
be
construed
as
prohibiting
the
operation
of
any
funeral
home,
funeral
establishment,
or
cremation
establishment
by
any
person,
heir,
fiduciary,
firm,
cooperative
burial
association,
or
corporation.
However,
each
such
person,
firm,
cooperative
Senate
File
514,
p.
896
burial
association,
or
corporation
shall
ensure
that
all
mortuary
science
services
are
provided
by
a
funeral
director,
and
shall
keep
the
Iowa
department
of
public
health
inspections,
appeals,
and
licensing
advised
of
the
name
of
the
funeral
director.
Sec.
1633.
Section
156.10,
Code
2023,
is
amended
to
read
as
follows:
156.10
Inspection.
1.
The
director
of
public
health
the
department
of
inspections,
appeals,
and
licensing
may
inspect
all
places
where
dead
human
bodies
are
prepared
or
held
for
burial,
entombment,
or
cremation,
and
may
adopt
and
enforce
such
rules
and
regulations
in
connection
with
the
inspection
as
may
be
necessary
for
the
preservation
of
the
public
health.
2.
The
Iowa
department
of
public
health
inspections,
appeals,
and
licensing
may
assess
an
inspection
fee
for
an
inspection
of
a
place
where
dead
human
bodies
are
prepared
for
burial
or
cremation.
The
fee
may
be
determined
by
the
department
by
rule.
Sec.
1634.
Section
157.1,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
“Department”
means
the
Iowa
department
of
public
health
inspections,
appeals,
and
licensing
.
Sec.
1635.
Section
157.7,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
The
department
of
inspections
and
appeals
shall
employ
personnel
pursuant
to
chapter
8A,
subchapter
IV
,
to
perform
duties
related
to
inspection
functions
under
this
chapter
.
The
department
of
inspections
and
appeals
shall,
when
possible,
integrate
inspection
efforts
under
this
chapter
with
inspections
conducted
under
chapter
158
.
2.
The
Iowa
department
of
public
health
may
employ
clerical
assistants
pursuant
to
chapter
8A,
subchapter
IV
,
to
administer
and
enforce
this
chapter
.
The
costs
and
expenses
of
the
clerical
assistants
shall
be
paid
from
funds
appropriated
to
the
department
of
public
health
.
Sec.
1636.
Section
158.1,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
“Department”
means
the
Iowa
department
of
public
health
Senate
File
514,
p.
897
inspections,
appeals,
and
licensing
.
Sec.
1637.
Section
158.6,
Code
2023,
is
amended
to
read
as
follows:
158.6
Inspectors
and
clerical
assistants.
1.
The
department
of
inspections
and
appeals
shall
employ
personnel
pursuant
to
chapter
8A,
subchapter
IV
,
to
perform
duties
related
to
inspection
functions
under
this
chapter
.
The
department
of
inspections
and
appeals
shall,
when
possible,
integrate
inspection
efforts
under
this
chapter
with
inspections
conducted
under
chapter
157
.
2.
The
Iowa
department
of
public
health
may
employ
clerical
assistants
pursuant
to
chapter
8A,
subchapter
IV
,
to
administer
and
enforce
this
chapter
.
The
costs
and
expenses
of
the
clerical
assistants
shall
be
paid
from
funds
appropriated
to
the
department
of
public
health
.
Sec.
1638.
Section
214A.35,
subsection
2,
paragraph
g,
Code
2023,
is
amended
to
read
as
follows:
g.
The
department
of
agriculture
and
land
stewardship
may
cooperate
with
the
department
of
natural
resources
and
the
state
fire
marshal
department
of
inspections,
appeals,
and
licensing
in
administering
and
enforcing
the
provisions
of
this
section.
Sec.
1639.
Section
218.4,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
state
fire
marshal
department
of
inspections,
appeals,
and
licensing
shall
cause
to
be
made
an
annual
inspection
of
all
the
institutions
listed
in
section
218.1
and
shall
make
written
report
thereof
to
the
particular
administrator
of
the
state
department
of
human
services
in
control
of
such
institution.
Sec.
1640.
Section
231B.4,
Code
2023,
is
amended
to
read
as
follows:
231B.4
Zoning
——
fire
and
safety
standards.
An
elder
group
home
shall
be
located
in
an
area
zoned
for
single-family
or
multiple-family
housing
or
in
an
unincorporated
area
and
shall
be
constructed
in
compliance
with
applicable
local
housing
codes
and
the
rules
adopted
for
the
special
classification
by
the
state
fire
marshal
department
.
In
the
absence
of
local
building
codes,
the
facility
shall
comply
with
the
state
plumbing
code
established
pursuant
Senate
File
514,
p.
898
to
section
135.11
and
the
state
building
code
established
pursuant
to
section
103A.7
and
the
rules
adopted
for
the
special
classification
by
the
state
fire
marshal
department
.
The
rules
adopted
for
the
special
classification
by
the
state
fire
marshal
department
regarding
second
floor
occupancy
shall
be
adopted
in
consultation
with
the
department
and
shall
take
into
consideration
the
mobility
of
the
tenants.
Sec.
1641.
Section
231C.4,
Code
2023,
is
amended
to
read
as
follows:
231C.4
Fire
and
safety
standards.
The
state
fire
marshal
department
shall
adopt
rules
,
in
coordination
with
the
department,
relating
to
the
certification
and
monitoring
of
the
fire
and
safety
standards
of
certified
assisted
living
programs.
Sec.
1642.
Section
231D.15,
Code
2023,
is
amended
to
read
as
follows:
231D.15
Fire
and
safety
standards.
The
state
fire
marshal
department
shall
adopt
rules
,
in
coordination
with
the
department,
relating
to
the
certification
and
monitoring
of
the
fire
and
safety
standards
of
adult
day
services
programs.
Sec.
1643.
Section
235A.15,
subsection
2,
paragraph
d,
subparagraph
(7),
Code
2023,
is
amended
to
read
as
follows:
(7)
Each
licensing
board
specified
under
chapter
147
and
the
Iowa
department
of
public
health
inspections,
appeals,
and
licensing
for
the
purpose
of
licensure,
certification
or
registration,
disciplinary
investigation,
or
the
renewal
of
licensure,
certification
or
registration,
or
disciplinary
proceedings
of
health
care
professionals.
Sec.
1644.
Section
237.3,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Rules
governing
fire
safety
in
facilities
with
child
foster
care
provided
by
agencies
shall
be
promulgated
by
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
pursuant
to
section
100.1,
subsection
5
10A.511
after
consultation
with
the
administrator.
Sec.
1645.
Section
237A.3A,
subsection
3,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
In
consultation
with
the
state
fire
marshal
director
Senate
File
514,
p.
899
of
the
department
of
inspections,
appeals,
and
licensing
,
the
department
shall
adopt
rules
relating
to
the
provision
of
fire
extinguishers,
smoke
detectors,
and
two
exits
accessible
to
children
in
a
child
development
home.
Sec.
1646.
Section
237A.4,
Code
2023,
is
amended
to
read
as
follows:
237A.4
Inspection
and
evaluation.
The
department
shall
make
periodic
inspections
of
licensed
centers
to
ensure
compliance
with
licensing
requirements
provided
in
this
chapter
,
and
the
local
boards
of
health
may
make
periodic
inspections
of
licensed
centers
to
ensure
compliance
with
health-related
licensing
requirements
provided
in
this
chapter
.
The
department
may
inspect
records
maintained
by
a
licensed
center
and
may
inquire
into
matters
concerning
these
centers
and
the
persons
in
charge.
The
department
shall
require
that
the
center
be
inspected
by
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
or
a
designee
for
compliance
with
rules
relating
to
fire
safety
before
a
license
is
granted
or
renewed.
The
department
or
a
designee
may
periodically
visit
registered
child
development
homes
for
the
purpose
of
evaluation
of
an
inquiry
into
matters
concerning
compliance
with
rules
adopted
under
section
237A.12
.
Evaluation
of
child
development
homes
under
this
section
may
include
consultative
services
provided
pursuant
to
section
237A.6
.
Sec.
1647.
Section
237A.12,
subsections
2,
3,
and
4,
Code
2023,
are
amended
to
read
as
follows:
2.
Rules
adopted
by
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
for
buildings,
other
than
school
buildings,
used
as
child
care
centers
as
an
adjunct
to
the
primary
purpose
of
the
building
shall
take
into
consideration
that
children
are
received
for
temporary
care
only
and
shall
not
differ
from
rules
adopted
for
these
buildings
when
they
are
used
by
groups
of
persons
congregating
from
time
to
time
in
the
primary
use
and
occupancy
of
the
buildings.
However,
the
rules
may
require
a
fire-rated
separation
from
the
remaining
portion
of
the
building
if
the
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
determines
that
the
separation
is
Senate
File
514,
p.
900
necessary
for
the
protection
of
children
from
a
specific
flammable
hazard.
3.
Rules
relating
to
fire
safety
for
child
care
centers
shall
be
adopted
under
this
chapter
by
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
in
consultation
with
the
department.
Rules
adopted
by
the
state
fire
marshal
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
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
for
school
buildings
under
chapter
100
10A,
subchapter
V,
part
2
.
Rules
relating
to
sanitation
shall
be
adopted
by
the
department
in
consultation
with
the
director
of
public
health.
All
rules
shall
be
developed
in
consultation
with
the
state
child
care
advisory
committee.
The
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
shall
inspect
the
facilities.
4.
If
a
building
is
owned
or
leased
by
a
school
district
or
accredited
nonpublic
school
and
complies
with
standards
adopted
by
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
for
school
buildings
under
chapter
100
10A,
subchapter
V,
part
2
,
the
building
is
considered
appropriate
for
use
by
a
child
care
facility.
The
rules
adopted
by
the
administrator
under
this
section
shall
not
require
the
facility
to
comply
with
building
requirements
which
differ
from
requirements
for
use
of
the
building
as
a
school.
Sec.
1648.
Section
237C.4,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Before
the
administrator
department
issues
or
reissues
a
certificate
of
approval
to
a
children’s
residential
facility
under
section
237C.6
,
the
facility
shall
comply
with
standards
adopted
by
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
under
chapter
100
10A,
subchapter
V,
part
2
.
Sec.
1649.
Section
237C.6,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
certificate
of
approval
shall
state
on
its
face
the
Senate
File
514,
p.
901
name
of
the
holder
of
the
certificate,
the
particular
premises
for
which
the
certificate
is
issued,
and
the
number
of
children
who
may
be
cared
for
by
the
children’s
residential
facility
on
the
premises
at
one
time
under
the
certificate
of
occupancy
issued
by
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
or
the
state
fire
marshal’s
director’s
designee.
The
certificate
of
approval
shall
be
posted
in
a
conspicuous
place
in
the
children’s
residential
facility.
Sec.
1650.
Section
261B.11,
subsection
1,
paragraph
m,
Code
2023,
is
amended
to
read
as
follows:
m.
Higher
education
institutions
located
in
Iowa
whose
massage
therapy
curriculum
is
approved
under
administrative
rules
of
the
professional
licensure
division
of
the
department
of
public
health
inspections,
appeals,
and
licensing
and
whose
instructors
are
licensed
massage
therapists
under
chapter
152C
.
Sec.
1651.
Section
262.33A,
Code
2023,
is
amended
to
read
as
follows:
262.33A
Fire
and
environmental
safety
——
report
——
expenditures.
It
is
the
intent
of
the
general
assembly
that
each
institution
of
higher
education
under
the
control
of
the
state
board
of
regents
shall,
in
consultation
with
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
,
identify
and
correct
all
critical
fire
and
environmental
safety
deficiencies.
Commencing
July
1,
1993,
each
institution
under
the
control
of
the
state
board
of
regents
shall
expend
annually
for
fire
safety
and
deferred
maintenance
at
least
the
amount
budgeted
for
these
purposes
for
the
fiscal
year
beginning
July
1,
1992,
in
addition
to
any
moneys
appropriated
from
the
general
fund
for
these
purposes
in
succeeding
years.
Sec.
1652.
Section
272C.1,
subsection
6,
paragraphs
af
and
ag,
Code
2023,
are
amended
to
read
as
follows:
af.
The
department
of
public
safety
inspections,
appeals,
and
licensing
,
in
licensing
fire
protection
system
installers
and
maintenance
workers
pursuant
to
chapter
100D
.
ag.
The
superintendent
of
the
division
of
banking
director
of
the
department
of
commerce
inspections,
appeals,
and
Senate
File
514,
p.
902
licensing
in
registering
and
supervising
appraisal
management
companies
pursuant
to
chapter
543E
.
Sec.
1653.
Section
272C.3,
subsection
4,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
All
health
care
boards
shall
file
written
decisions
which
specify
the
sanction
entered
by
the
board
with
the
Iowa
department
of
public
health
inspections,
appeals,
and
licensing
which
shall
be
available
to
the
public
upon
request.
All
non-health
care
boards
shall
have
on
file
the
written
and
specified
decisions
and
sanctions
entered
by
the
board
and
shall
be
available
to
the
public
upon
request.
Sec.
1654.
Section
272C.4,
subsection
9,
Code
2023,
is
amended
to
read
as
follows:
9.
Require
each
health
care
licensing
board
to
file
with
the
Iowa
department
of
public
health
inspections,
appeals,
and
licensing
a
copy
of
each
decision
of
the
board
imposing
licensee
discipline.
Each
non-health
care
board
shall
have
on
file
a
copy
of
each
decision
of
the
board
imposing
licensee
discipline
which
copy
shall
be
properly
dated
and
shall
be
in
simple
language
and
in
the
most
concise
form
consistent
with
clearness
and
comprehensiveness
of
subject
matter.
Sec.
1655.
Section
279.49,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
facilities
housing
a
program
operated
under
this
section
shall
comply
with
standards
adopted
by
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
for
school
buildings
under
chapter
100
10A,
subchapter
V,
part
2
.
In
addition,
if
a
program
involves
children
who
are
younger
than
school
age,
the
facilities
housing
those
children
shall
meet
the
fire
safety
standards
which
would
apply
to
that
age
of
child
in
a
child
care
facility
licensed
by
the
department
of
human
services.
Sec.
1656.
Section
292.2,
subsection
7,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
shall
form
a
task
force
to
review
applications
for
financial
assistance
and
provide
recommendations
to
the
school
budget
review
committee.
The
task
force
shall
include,
at
a
minimum,
representatives
from
the
kindergarten
through
grade
twelve
education
community,
the
state
fire
Senate
File
514,
p.
903
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
,
and
individuals
knowledgeable
in
school
infrastructure
and
construction
issues.
The
department,
in
consultation
with
the
task
force,
shall
establish
the
parameters
and
the
details
of
the
criteria
for
awarding
grants
based
on
the
information
listed
in
subsection
3
,
including
greater
priority
to
the
following:
Sec.
1657.
Section
323.4A,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Using
a
dispenser
to
dispense
ethanol
blended
gasoline,
including
gasoline
with
a
specified
blend
or
a
range
of
blends
under
chapter
214A
,
if
the
dispenser
is
approved
as
required
by
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
for
dispensing
the
specified
blend
or
range
of
blends,
including
as
provided
in
section
455G.31
.
Sec.
1658.
Section
423E.6,
subsections
2,
3,
and
4,
Code
2023,
are
amended
to
read
as
follows:
2.
The
funds
shall
be
allocated
to
the
school
budget
review
committee
to
develop
a
school
infrastructure
safety
fund
grant
program,
in
conjunction
with
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
.
For
purposes
of
reviewing
grant
applications
and
making
recommendations
regarding
the
administration
of
the
program,
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
shall
be
considered
an
additional
voting
member
of
the
school
budget
review
committee.
3.
Top
priority
in
awarding
program
grants
shall
be
the
making
of
school
infrastructure
improvements
relating
to
fire
and
personal
safety.
School
districts
eligible
for
program
grants
shall
have
received
an
order
or
citation
from
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
,
or
a
fire
department
chief
or
fire
prevention
officer,
for
one
or
more
fire
safety
violations
regarding
a
school
facility,
or
in
the
opinion
of
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
shall
be
regarded
as
operating
facilities
subject
to
significant
fire
safety
deficiencies.
Grant
awards
shall
also
be
available
for
defects
or
violations
of
the
state
Senate
File
514,
p.
904
building
code,
as
adopted
pursuant
to
section
103A.7
,
revealed
during
an
inspection
of
school
facilities
by
a
local
building
department,
or
for
improvements
consistent
with
the
standards
and
specifications
contained
in
the
state
building
code
regarding
ensuring
that
buildings
and
facilities
are
accessible
to
and
functional
for
persons
with
disabilities.
The
school
budget
review
committee
shall
allocate
program
funds
to
school
districts
which,
in
its
discretion,
are
determined
to
be
faced
with
the
most
severe
deficiencies.
School
districts
applying
for
program
grants
shall
have
developed
and
submitted
to
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
or
local
building
department
a
written
plan
to
remedy
fire
or
safety
defects
within
a
specified
time
frame.
Approval
of
the
written
plan
by
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
or
local
building
department
shall
be
obtained
prior
to
receipt
of
a
grant
award
by
a
school
district.
4.
Application
forms,
submission
dates
for
applications
and
for
written
plans
to
remedy
fire
or
safety
defects,
and
grant
award
criteria
shall
be
developed
by
the
state
department
of
education,
in
coordination
with
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
,
by
rule.
Sec.
1659.
Section
455B.390,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
storage,
transportation,
handling,
or
use
of
flammable
liquids,
combustibles,
and
explosives,
control
over
which
is
exercised
by
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
under
chapter
100
10A,
subchapter
V,
part
2
.
Sec.
1660.
Section
455B.474,
subsection
10,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Requirements
that
persons
and
companies
performing
or
providing
services
for
underground
storage
tank
installations,
installation
inspections,
testing,
permanent
closure
of
underground
storage
tanks
by
removal
or
filling
in
place,
and
other
closure
activities
as
defined
by
rules
adopted
by
the
commission
be
certified
by
the
department.
This
provision
does
not
apply
to
persons
performing
services
in
their
official
Senate
File
514,
p.
905
capacity
and
as
authorized
by
the
state
fire
marshal’s
office
department
of
inspections,
appeals,
and
licensing
or
fire
departments
of
political
subdivisions
of
the
state.
The
rules
adopted
by
the
commission
shall
include
all
of
the
following:
Sec.
1661.
Section
455B.474,
subsection
10,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
Requiring
a
written
examination
developed
and
administered
by
the
department
or
by
some
other
qualified
public
or
private
entity
identified
by
the
department.
The
department
may
contract
with
a
public
or
private
entity
to
administer
the
department’s
examination
or
a
department-approved
third
party
examination.
The
examination
shall,
at
a
minimum,
be
sufficient
to
establish
knowledge
of
all
applicable
underground
storage
tank
rules
adopted
under
this
section
,
private
industry
standards,
federal
standards,
and
other
applicable
standards
adopted
by
the
state
fire
marshal’s
office
department
of
inspections,
appeals,
and
licensing
pursuant
to
chapter
101
.
Sec.
1662.
Section
455G.31,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Subject
to
section
455G.32
,
a
retail
dealer
may
use
gasoline
storage
and
dispensing
infrastructure
to
store
and
dispense
ethanol
blended
gasoline
classified
as
E-9
or
higher
if
the
department
under
this
subchapter
or
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
under
chapter
101
determines
that
the
gasoline
infrastructure
is
compatible
with
the
classification
of
ethanol
blended
gasoline
being
used.
Sec.
1663.
Section
455G.33,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Approved
by
the
department
or
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
subject
to
conditions
determined
necessary
by
the
department
or
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
.
The
department
or
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
may
waive
the
requirement
in
paragraph
“a”
upon
satisfaction
that
a
substitute
requirement
serves
the
same
purpose.
Sec.
1664.
Section
542.4,
subsection
1,
unnumbered
paragraph
Senate
File
514,
p.
906
1,
Code
2023,
is
amended
to
read
as
follows:
An
Iowa
accountancy
examining
board
is
created
within
the
professional
licensing
and
regulation
bureau
of
the
banking
division
of
the
department
of
commerce
inspections,
appeals,
and
licensing
to
administer
and
enforce
this
chapter
.
Sec.
1665.
Section
542.4,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
The
administrator
director
of
the
professional
licensing
and
regulation
bureau
of
the
banking
division
of
the
department
of
commerce
inspections,
appeals,
and
licensing
shall
provide
staffing
assistance
to
the
board
for
implementing
this
chapter
.
Sec.
1666.
Section
542B.3,
Code
2023,
is
amended
to
read
as
follows:
542B.3
Engineering
and
land
surveying
examining
board
created.
An
engineering
and
land
surveying
examining
board
is
created
within
the
professional
licensing
and
regulation
bureau
of
the
banking
division
of
the
department
of
commerce
inspections,
appeals,
and
licensing
.
The
board
consists
of
three
members
who
are
licensed
professional
engineers,
two
members
who
are
licensed
professional
land
surveyors,
and
two
members
who
are
not
licensed
professional
engineers
or
licensed
professional
land
surveyors
and
who
shall
represent
the
general
public.
An
individual
who
is
licensed
as
both
a
professional
engineer
and
a
professional
land
surveyor
may
serve
to
satisfy
the
board
membership
requirement
for
either
a
licensed
professional
engineer
or
a
licensed
professional
land
surveyor,
but
not
both.
Members
shall
be
appointed
by
the
governor
subject
to
confirmation
by
the
senate.
A
licensed
member
shall
be
actively
engaged
in
the
practice
of
engineering
or
land
surveying
and
shall
have
been
so
engaged
for
five
years
preceding
the
appointment,
the
last
two
of
which
shall
have
been
in
Iowa.
Insofar
as
practicable,
licensed
engineer
members
of
the
board
shall
be
from
different
branches
of
the
profession
of
engineering.
Professional
associations
or
societies
composed
of
licensed
engineers
or
licensed
land
surveyors
may
recommend
the
names
of
potential
board
members
whose
profession
is
representative
of
that
association
or
society
to
the
governor.
However,
the
governor
is
not
bound
by
the
recommendations.
Senate
File
514,
p.
907
A
board
member
shall
not
be
required
to
be
a
member
of
any
professional
association
or
society
composed
of
professional
engineers
or
professional
land
surveyors.
Sec.
1667.
Section
542B.9,
Code
2023,
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
administrator
director
of
the
professional
licensing
and
regulation
bureau
of
the
banking
division
of
the
department
of
commerce
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
shall
be
called
at
other
times
by
the
administrator
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.
1668.
Section
543B.8,
subsections
1
and
5,
Code
2023,
are
amended
to
read
as
follows:
1.
A
real
estate
commission
is
created
within
the
professional
licensing
and
regulation
bureau
of
the
banking
division
of
the
department
of
commerce
inspections,
appeals,
and
licensing
.
The
commission
consists
of
five
members
licensed
under
this
chapter
and
two
members
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.
5.
The
administrator
director
of
the
professional
licensing
and
regulation
bureau
of
the
banking
division
department
of
inspections,
appeals,
and
licensing
shall
hire
and
provide
staff
to
assist
the
commission
with
implementing
this
chapter
.
The
administrator
of
the
professional
licensing
and
regulation
bureau
of
the
banking
division
of
the
department
of
commerce
and
shall
hire
a
real
estate
education
director
to
assist
the
commission
in
administering
education
programs
for
the
commission.
Sec.
1669.
Section
543B.14,
Code
2023,
is
amended
to
read
as
follows:
543B.14
Fees
and
expenses.
Senate
File
514,
p.
908
All
fees
and
charges
collected
by
the
real
estate
commission
under
this
chapter
shall
be
paid
into
the
general
fund
of
the
state,
except
that
twenty-five
dollars
from
each
real
estate
salesperson’s
license
fee
and
each
broker’s
license
fee
is
appropriated
to
the
professional
licensing
and
regulation
bureau
of
the
banking
division
of
the
department
of
commerce
shall
be
appropriated
to
the
department
of
inspections,
appeals,
and
licensing
for
the
purpose
of
hiring
and
compensating
a
real
estate
education
director
and
regulatory
compliance
personnel.
All
expenses
incurred
by
the
commission
under
this
chapter
,
including
compensation
of
staff
assigned
to
the
commission,
shall
be
paid
from
funds
appropriated
for
those
purposes.
Sec.
1670.
Section
543D.2,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
9A.
“Director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing
or
the
director’s
designee.
Sec.
1671.
Section
543D.2,
subsection
14,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
1672.
Section
543D.4,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
real
estate
appraiser
examining
board
is
established
within
the
banking
division
of
the
department
of
commerce
inspections,
appeals,
and
licensing
.
The
board
consists
of
seven
members,
two
of
whom
shall
be
public
members
and
five
of
whom
shall
be
certified
real
estate
appraisers.
Sec.
1673.
Section
543D.5,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
board
shall
adopt
rules
establishing
uniform
appraisal
standards
and
appraiser
certification
requirements
and
other
rules
necessary
to
administer
and
enforce
this
chapter
and
its
responsibilities
under
chapter
272C
,
subject
to
the
superintendent’s
director’s
supervision
and
authority
under
section
543D.23
.
The
board
shall
consider
and
may
incorporate
any
standards
required
or
recommended
by
the
appraisal
foundation
or
by
a
federal
agency
with
regulatory
authority
over
appraisal
standards
or
the
certification
of
appraisers
for
federally
related
transactions.
Senate
File
514,
p.
909
Sec.
1674.
Section
543D.6,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
All
fees
collected
by
the
board
shall
be
deposited
into
the
department
of
commerce
revolving
fund
created
in
section
546.12
and
are
appropriated
to
the
superintendent
director
on
behalf
of
the
board
to
be
used
to
administer
this
chapter
,
including
but
not
limited
to
purposes
such
as
examinations,
investigations,
and
administrative
staffing.
Notwithstanding
section
8.33
,
moneys
retained
by
the
superintendent
director
pursuant
to
this
section
are
not
subject
to
reversion
to
the
general
fund
of
the
state.
However,
the
appraisal
management
company
national
registry
fees
the
board
collects
on
behalf
of
the
appraisal
subcommittee
as
defined
in
section
543E.3
shall
be
transmitted
to
the
appraisal
subcommittee
in
accordance
with
federal
laws
and
regulations.
Sec.
1675.
Section
543D.23,
Code
2023,
is
amended
to
read
as
follows:
543D.23
Superintendent
Director
supervision
and
authority.
1.
The
superintendent
director
shall
supervise
the
board
and
manage
the
board’s
budget
and
retained
fees.
The
superintendent
director
may
exercise
all
authority
conferred
upon
the
board
under
this
chapter
and
shall
have
access
to
all
records
and
information
to
which
the
board
has
access.
In
supervising
the
board,
the
superintendent
director
shall
independently
evaluate
the
substantive
merits
of
actions
recommended
or
proposed
by
the
board
which
may
be
anticompetitive
and
shall
have
the
authority
to
review,
approve,
modify,
or
reject
all
board
actions
including
but
not
limited
to
those
taken
in
connection
with
any
of
the
following:
a.
Initial
or
reciprocal
certification
of
real
estate
appraisers,
registration
of
associate
real
estate
appraisers,
and
temporary
practice
permits.
b.
Disciplinary
investigations
and
proceedings.
c.
Investigations
and
proceedings
under
section
543D.21
.
d.
Rulemaking
under
chapter
17A
,
including
orders
on
petitions
for
rulemaking.
e.
Orders
on
petitions
for
declaratory
orders
or
waivers.
2.
A
person
aggrieved
by
any
final
action
of
the
board
taken
under
this
chapter
shall
not
have
exhausted
administrative
Senate
File
514,
p.
910
remedies
until
the
person
has
appealed
the
action
to
the
superintendent
director
and
the
superintendent
director
has
issued
a
final
decision
or
order.
3.
The
superintendent
director
shall
adopt
rules
to
implement
this
section.
Sec.
1676.
Section
543E.3,
subsection
1,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
1677.
Section
543E.3,
subsection
8,
Code
2023,
is
amended
to
read
as
follows:
8.
“Appraiser
panel”
means
a
network,
list,
or
roster
of
certified
appraisers
who
are
independent
contractors
with
an
appraisal
management
company
and
who
have
been
selected
and
approved
by
the
appraisal
management
company
to
perform
appraisals
directly
for
the
appraisal
management
company
or
for
persons
that
have
ordered
appraisals
through
the
appraisal
management
company.
Appraisers
on
an
appraisal
management
company’s
appraiser
panel
may
include
both
appraisers
engaged
to
perform
one
or
more
appraisals
for
covered
transactions
or
for
secondary
mortgage
market
participants
in
connection
with
covered
transactions,
and
appraisers
accepted
by
the
appraisal
management
company
for
consideration
for
future
appraisal
assignments
for
such
purposes,
as
the
administrator
director
may
further
provide
by
rule.
Sec.
1678.
Section
543E.3,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
13A.
“Director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing
or
the
director’s
designee.
Sec.
1679.
Section
543E.4,
Code
2023,
is
amended
to
read
as
follows:
543E.4
Registration
required.
A
person
shall
not
directly
or
indirectly
engage
in
or
attempt
to
engage
in
business
as
an
appraisal
management
company
or
advertise
or
hold
itself
out
as
engaging
in
or
conducting
business
as
an
appraisal
management
company
in
this
state
without
first
registering
with
the
administrator
director
.
Sec.
1680.
Section
543E.6,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
A
person
who
directly
or
indirectly
owns
more
than
Senate
File
514,
p.
911
ten
percent
of
an
appraisal
management
company
in
this
state
shall
be
of
good
moral
character,
as
prescribed
by
rules
adopted
by
the
administrator
director
consistent
with
applicable
federal
law
and
regulations,
and
shall
submit
to
a
background
investigation,
as
prescribed
by
rules
adopted
by
the
administrator
director
consistent
with
applicable
federal
law
and
regulations.
Sec.
1681.
Section
543E.7,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
An
appraisal
management
company
registered
or
applying
for
registration
in
this
state
shall
designate
a
controlling
person
who
shall
be
the
main
contact
for
all
communications
between
the
administrator
director
and
the
appraisal
management
company,
and
who
shall
be
responsible
for
assuring
the
appraisal
management
company
complies
with
the
provisions
of
this
chapter
when
performing
appraisal
management
services
in
connection
with
real
estate
located
in
this
state.
3.
The
designated
controlling
person
shall
be
of
good
moral
character,
as
prescribed
by
rules
adopted
by
the
administrator
director
consistent
with
applicable
federal
law
and
regulations,
and
shall
submit
to
a
background
investigation,
as
prescribed
by
rules
adopted
by
the
administrator
director
consistent
with
applicable
federal
law
and
regulations.
Sec.
1682.
Section
543E.8,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
An
application
for
registration
as
an
appraisal
management
company
shall
be
submitted
on
a
form
prescribed
by
the
administrator
director
.
Sec.
1683.
Section
543E.8,
subsection
2,
paragraphs
b,
c,
and
f,
Code
2023,
are
amended
to
read
as
follows:
b.
The
names
and
contact
information
for
all
persons
who
directly
or
indirectly
own
more
than
ten
percent
of
the
applicant
and
for
the
controlling
person
designated
pursuant
to
section
543E.7
,
and
such
additional
information
the
administrator
director
may
need
to
enforce
section
543E.6,
subsection
1
.
c.
Information
as
reasonably
necessary
to
establish
the
size
of
the
applicant’s
nationwide
and
Iowa
appraiser
panels,
in
accordance
with
rules
adopted
by
the
administrator
director
.
Senate
File
514,
p.
912
f.
Any
additional
information
that
is
reasonably
needed
for
the
administrator
director
to
implement
the
provisions
of
this
chapter
and
assure
that
the
applicant
is
eligible
for
registration
under
this
chapter.
Sec.
1684.
Section
543E.9,
Code
2023,
is
amended
to
read
as
follows:
543E.9
Registration
renewal.
1.
A
registration
issued
under
this
chapter
shall
be
valid
for
one
year
as
provided
by
rule.
2.
An
application
to
renew
registration
shall
be
submitted
in
the
form
and
in
the
manner
prescribed
by
the
administrator
director
.
The
administrator
director
may
further
require
periodic
disclosures
of
changes
impacting
registration,
such
as
a
change
in
ownership
or
the
designated
controlling
person.
3.
An
application
to
renew
registration
shall
contain
the
information
described
in
section
543E.8,
subsection
2
.
4.
A
registration
issued
under
this
chapter
shall
lapse
if
not
timely
renewed,
in
accordance
with
rules
adopted
by
the
administrator
director
.
5.
A
person
holding
a
lapsed
registration
shall
not
directly
or
indirectly
engage
in
or
attempt
to
engage
in
business
as
an
appraisal
management
company
or
advertise
or
hold
itself
out
as
engaging
in
or
conducting
business
as
an
appraisal
management
company
in
this
state
until
the
registration
has
been
reinstated
under
the
process
prescribed
by
the
administrator
director
by
rule.
Sec.
1685.
Section
543E.10,
Code
2023,
is
amended
to
read
as
follows:
543E.10
Fees.
1.
The
administrator
director
shall
by
rule
establish
fees
for
registration,
renewal,
reinstatement,
and
such
additional
fees
as
are
reasonably
necessary
for
the
administration
of
this
chapter
.
The
fees
shall
be
established
in
consideration
of
the
costs
of
administering
this
chapter
and
the
actual
cost
of
the
specific
service
to
be
provided
or
performed.
The
administrator
director
shall
periodically
review
and
adjust
the
schedule
of
fees
as
needed
to
cover
projected
expenses.
2.
Except
as
provided
in
subsection
3
,
all
fees
collected
under
this
chapter
shall
be
deposited
into
the
department
of
Senate
File
514,
p.
913
commerce
revolving
fund
created
in
section
546.12
and
are
appropriated
to
the
administrator
director
to
be
used
to
administer
this
chapter
including
but
not
limited
to
purposes
such
as
examinations,
investigations,
and
administrative
staffing.
Notwithstanding
section
8.33
,
moneys
appropriated
pursuant
to
this
subsection
are
not
subject
to
reversion
to
the
general
fund
of
the
state.
3.
The
administrator
director
shall
also
collect
the
appraisal
management
company
national
registry
fee
from
each
appraisal
management
company
seeking
to
register
in
this
state
and
from
federally
regulated
appraisal
management
companies
operating
in
this
state.
The
administrator
director
shall
transfer
all
appraisal
management
company
national
registry
fees
collected
by
the
administrator
director
to
the
appraisal
subcommittee.
Sec.
1686.
Section
543E.12,
subsections
3
and
4,
Code
2023,
are
amended
to
read
as
follows:
3.
An
appraisal
management
company
that
has
a
reasonable
basis
to
believe
an
appraiser
has
materially
failed
to
comply
with
the
uniform
standards
of
professional
appraisal
practice
or
has
otherwise
materially
violated
chapter
543D
or
this
chapter
shall
refer
the
matter
to
the
administrator
director
in
conformance
with
applicable
federal
law
and
regulations.
An
appraisal
management
company
that
has
a
reasonable
basis
to
believe
another
appraisal
management
company
is
failing
to
comply
with
the
provisions
of
this
chapter
shall
refer
the
matter
to
the
administrator
director
in
conformance
with
section
272C.9,
subsection
2
.
4.
An
appraiser
who
is
employed
by
or
is
on
the
appraiser
panel
of
an
appraisal
management
company
registered
under
this
chapter
who
has
a
reasonable
basis
to
believe
the
appraisal
management
company
is
in
violation
of
this
chapter
shall
refer
the
matter
to
the
administrator
director
.
Sec.
1687.
Section
543E.13,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
An
appraisal
management
company
shall
maintain
a
detailed
record
of
each
service
request
the
appraisal
management
company
receives
involving
real
estate
located
in
this
state
and
the
identity
of
the
appraiser
who
performs
the
appraisal
Senate
File
514,
p.
914
assignment.
All
such
records
shall
be
maintained
for
at
least
five
years
after
the
request
is
sent
by
the
appraisal
management
company
to
the
appraiser
or
the
completion
of
the
appraisal
report,
whichever
period
expires
later.
An
appraisal
management
company
shall
maintain
such
additional
records
regarding
appraisal
management
services
performed
in
this
state
as
the
administrator
director
may
specify
by
rule.
Sec.
1688.
Section
543E.15,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Remove
an
appraiser
from
an
appraiser
panel
without
prior
written
notice
that
identifies
the
basis
for
removal.
Upon
request
or
in
conjunction
with
an
examination,
an
appraisal
management
company
shall
forward
to
the
administrator
director
copies
of
such
notices
issued
to
an
appraiser
located
or
certified
in
Iowa.
Sec.
1689.
Section
543E.17,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
After
notice
and
hearing,
the
administrator
director
may
revoke,
suspend,
or
refuse
to
issue,
renew,
or
reinstate
a
registration;
reprimand,
censure,
or
limit
the
scope
of
practice
of
any
registrant;
impose
a
civil
penalty
not
to
exceed
ten
thousand
dollars
per
violation;
require
remedial
action;
or
place
any
registrant
on
probation;
all
with
or
without
terms,
conditions,
or
in
combinations
of
remedies,
for
any
one
or
more
of
the
following
reasons:
Sec.
1690.
Section
543E.17,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
When
determining
whether
to
initiate
a
disciplinary
proceeding
against
an
appraisal
management
company
based
on
actions
or
omissions
by
an
employee,
owner,
director,
controlling
person,
or
other
agent
of
the
appraisal
management
company,
the
administrator
director
shall
take
into
consideration
all
of
the
following:
Sec.
1691.
Section
543E.18,
Code
2023,
is
amended
to
read
as
follows:
543E.18
Unlawful
practice
——
complaints
and
investigations
——
remedies
and
penalties.
1.
If,
as
the
result
of
a
complaint
or
otherwise,
the
administrator
director
believes
that
a
person
has
engaged,
or
Senate
File
514,
p.
915
is
about
to
engage,
in
an
act
or
practice
that
constitutes
or
will
constitute
a
violation
of
this
chapter
,
the
administrator
director
may
make
application
to
the
district
court
for
an
order
enjoining
such
act
or
practice.
Upon
a
showing
by
the
administrator
director
that
such
person
has
engaged,
or
is
about
to
engage,
in
any
such
act
or
practice,
an
injunction,
restraining
order,
or
other
order
as
may
be
appropriate
shall
be
granted
by
the
district
court.
2.
The
administrator
director
may
investigate
a
complaint
or
initiate
a
complaint
against
a
person
who
is
not
registered
under
this
chapter
to
determine
whether
grounds
exist
to
make
application
to
the
district
court
pursuant
to
subsection
1
or
to
issue
an
order
pursuant
to
subsection
3
,
and
in
connection
with
such
complaint
or
investigation
may
issue
subpoenas
to
compel
witnesses
to
testify
or
persons
to
produce
evidence
consistent
with
the
provisions
of
section
272C.6,
subsection
3
,
as
needed
to
determine
whether
probable
cause
exists
to
initiate
a
proceeding
under
this
section
or
to
make
application
to
the
district
court
for
an
order
enjoining
a
violation
of
this
chapter
.
3.
In
addition
to
or
as
an
alternative
to
making
application
to
the
district
court
for
an
injunction,
the
administrator
director
may
issue
an
order
to
a
person
who
is
not
registered
under
this
chapter
to
require
compliance
with
this
chapter
and
may
impose
a
civil
penalty
against
such
person
for
any
violation
specified
in
subsection
4
in
an
amount
up
to
ten
thousand
dollars
for
each
violation.
All
civil
penalties
collected
pursuant
to
this
section
shall
be
deposited
in
the
housing
trust
fund
created
in
section
16.181
.
An
order
issued
pursuant
to
this
section
may
prohibit
a
person
from
applying
for
registration
under
this
chapter
or
certification
or
registration
under
chapter
543D
.
4.
The
administrator
director
may
impose
a
civil
penalty
against
a
person
who
is
not
registered
under
this
chapter
for
any
of
the
following:
a.
A
violation
of
section
543E.4
.
b.
A
violation
of
section
543D.18A,
subsection
1
.
c.
Fraud,
deceit,
or
deception,
through
act
or
omission,
in
connection
with
an
application
for
registration
under
this
Senate
File
514,
p.
916
chapter
.
5.
The
administrator
director
,
before
issuing
an
order
under
this
section
,
shall
provide
the
person
written
notice
and
the
opportunity
to
request
a
hearing.
The
hearing
must
be
requested
within
thirty
days
after
receipt
of
the
notice
and
shall
be
conducted
in
the
same
manner
as
provided
for
disciplinary
proceedings
involving
a
registrant
under
this
chapter
.
6.
A
person
aggrieved
by
the
imposition
of
a
civil
penalty
under
this
section
may
seek
judicial
review
pursuant
to
section
17A.19.
7.
If
a
person
fails
to
pay
a
civil
penalty
within
thirty
days
after
entry
of
an
order
imposing
the
civil
penalty,
or
if
the
order
is
stayed
pending
an
appeal,
within
ten
days
after
the
court
enters
a
final
judgment
in
favor
of
the
administrator
director
,
the
administrator
director
shall
notify
the
attorney
general.
The
attorney
general
may
commence
an
action
to
recover
the
amount
of
the
penalty,
including
reasonable
attorney
fees
and
costs.
8.
An
action
to
enforce
an
order
under
this
section
may
be
joined
with
an
action
for
an
injunction.
Sec.
1692.
Section
543E.19,
Code
2023,
is
amended
to
read
as
follows:
543E.19
Surety
bond.
1.
The
administrator
director
shall
require
that
an
appraisal
management
company
be
covered
by
a
surety
bond
in
the
amount
of
twenty-five
thousand
dollars.
2.
The
surety
bond
shall
be
in
a
form
as
prescribed
by
the
administrator
director
.
The
administrator
director
may,
pursuant
to
rule,
determine
requirements
for
such
surety
bonds
as
are
necessary
to
accomplish
the
purposes
of
this
chapter.
The
requirements
for
a
surety
bond
shall
only
relate
to
liabilities,
damages,
losses,
or
claims
arising
out
of
the
appraisal
management
services
performed
by
the
appraisal
management
company
involving
real
estate
located
in
this
state.
The
bond
shall
provide
that
a
person
having
a
claim
against
an
appraisal
management
company
may
bring
suit
directly
on
the
bond
or
the
administrator
director
may
bring
suit
on
behalf
of
such
person.
Sec.
1693.
Section
543E.20,
subsections
1,
3,
4,
and
5,
Code
Senate
File
514,
p.
917
2023,
are
amended
to
read
as
follows:
1.
The
administrator
director
is
vested
with
broad
administrative
authority
to
administer,
interpret,
and
enforce
this
chapter
and
to
promulgate
rules
implementing
this
chapter
.
3.
The
administrator
director
may
conduct
periodic
examinations
of
applicants
or
registrants
under
this
chapter
as
reasonably
necessary
to
assure
compliance
with
all
or
specific
provisions
of
this
chapter
.
All
papers,
documents,
examination
reports,
and
other
records
relating
to
such
examinations
shall
be
confidential
as
provided
in
section
272C.6,
subsection
4
,
except
as
provided
in
this
section
.
4.
The
administrator
director
may
adopt
rules
governing
an
appraiser’s
use
of
associate
real
estate
appraisers
while
performing
appraisal
assignments
subject
to
this
chapter
.
Associate
real
estate
appraisers
may
provide
appraisal
services
under
the
supervision
of
a
certified
appraiser
as
provided
in
chapter
543D
and
associated
rules,
but
shall
not
be
on
an
appraiser
panel
of
an
appraisal
management
company.
5.
The
administrator
director
may
require
a
national
criminal
history
check
through
the
federal
bureau
of
investigation
or,
if
authorized
by
federal
law
or
regulation,
the
nationwide
mortgage
licensing
system
and
registry,
as
defined
in
section
535D.3
,
when
conducting
background
investigations
under
this
chapter
.
Except
as
inconsistent
with
the
registry,
the
following
shall
apply:
a.
The
administrator
director
may
require
owners
and
controlling
persons
who
are
subject
to
the
background
investigation
provisions
of
sections
543E.6
and
543E.7
to
provide
a
full
set
of
fingerprints,
in
a
form
and
manner
prescribed
by
the
administrator
director
.
Such
fingerprints,
if
required,
shall
be
submitted
to
the
federal
bureau
of
investigation
through
the
state
criminal
history
repository
for
purposes
of
the
national
criminal
history
check.
b.
The
administrator
director
may
also
request
and
obtain,
notwithstanding
section
692.2,
subsection
5
,
criminal
history
data
for
owners
and
controlling
persons
who
are
subject
to
the
background
investigation
provisions
of
sections
543E.6
and
543E.7
.
A
request
for
criminal
history
data
shall
be
submitted
to
the
department
of
public
safety,
division
of
criminal
Senate
File
514,
p.
918
investigation,
pursuant
to
section
692.2,
subsection
1
.
c.
The
administrator
director
shall
inform
such
owners
and
controlling
persons
of
the
requirement
of
a
national
criminal
history
check
or
request
for
criminal
history
data
and
obtain
a
signed
waiver
from
the
applicant,
certificate
holder,
or
registrant
prior
to
requesting
the
check
or
data.
d.
The
administrator
director
may,
in
addition
to
any
other
fees,
charge
and
collect
such
amounts
as
may
be
incurred
by
the
administrator
director
,
the
department
of
public
safety,
or
the
federal
bureau
of
investigation
in
obtaining
criminal
history
information.
Amounts
collected
shall
be
considered
repayment
receipts
as
defined
in
section
8.2
.
e.
Criminal
history
data
and
other
criminal
history
information
relating
to
affected
owners
or
controlling
persons,
or
their
appraisal
management
companies
obtained
by
the
administrator
director
pursuant
to
this
section
shall
remain
confidential.
Such
information
may,
however,
be
used
by
the
administrator
director
in
a
registration
denial,
enforcement,
or
disciplinary
proceeding.
Sec.
1694.
Section
543E.20,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
In
addition
to
the
duties
and
powers
conferred
upon
the
administrator
director
in
this
chapter
,
the
administrator
director
shall
have
the
authority
to
adopt
such
rules
as
are
reasonably
necessary
to
assure
the
administrator’s
director’s
registration
and
supervision
of
appraisal
management
companies
comply
with
the
minimum
requirements
of
12
U.S.C.
§3352
and
related
federal
laws
and
regulations,
with
respect
to
any
of
the
following:
Sec.
1695.
Section
544A.1,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
architectural
examining
board
is
created
within
the
professional
licensing
and
regulation
bureau
of
the
banking
division
of
the
department
of
commerce
inspections,
appeals,
and
licensing
.
The
board
consists
of
five
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
who
do
not
possess
a
license
issued
under
section
544A.9
and
who
shall
Senate
File
514,
p.
919
represent
the
general
public.
Members
shall
be
appointed
by
the
governor
subject
to
confirmation
by
the
senate.
Sec.
1696.
Section
544A.5,
Code
2023,
is
amended
to
read
as
follows:
544A.5
Duties.
The
architectural
examining
board
shall
enforce
this
chapter
,
shall
adopt
rules
pursuant
to
chapter
17A
for
the
examination
of
applicants
for
the
license
provided
by
this
chapter
,
and
shall,
after
due
public
notice,
hold
meetings
each
year
for
the
purpose
of
examining
applicants
for
licensure
and
the
transaction
of
business
pertaining
to
the
affairs
of
the
board.
Examinations
shall
be
given
as
often
as
deemed
necessary,
but
not
less
than
annually.
Action
at
a
meeting
shall
not
be
taken
without
the
affirmative
votes
of
a
majority
of
the
members
of
the
board.
The
administrator
director
of
the
professional
licensing
and
regulation
bureau
of
the
banking
division
of
the
department
of
commerce
inspections,
appeals,
and
licensing
shall
hire
and
provide
staff
to
assist
the
board
with
implementing
this
chapter
.
Sec.
1697.
Section
544B.3,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
landscape
architectural
examining
board
is
created
within
the
professional
licensing
and
regulation
bureau
of
the
banking
division
of
the
department
of
commerce
inspections,
appeals,
and
licensing
.
The
board
consists
of
five
members
who
are
professional
landscape
architects
and
two
members
who
are
not
professional
landscape
architects
and
who
shall
represent
the
general
public.
Members
shall
be
appointed
by
the
governor,
subject
to
confirmation
by
the
senate.
Four
of
the
five
professional
members
shall
be
actively
engaged
in
the
practice
of
landscape
architecture
or
the
teaching
of
landscape
architecture
in
an
accredited
college
or
university,
and
shall
have
been
so
engaged
for
five
years
preceding
appointment,
the
last
two
of
which
shall
have
been
in
Iowa.
One
of
the
five
professional
members
shall
be
actively
engaged
in
the
practice
of
landscape
architecture
or
the
teaching
of
landscape
architecture
in
an
accredited
college
or
university,
and
may
have
been
so
engaged
for
fewer
than
five
years
preceding
appointment
but
at
least
one
year
preceding
appointment.
Senate
File
514,
p.
920
Associations
or
societies
composed
of
professional
landscape
architects
may
recommend
the
names
of
potential
board
members
to
the
governor.
However,
the
governor
is
not
bound
by
the
recommendations.
A
board
member
shall
not
be
required
to
be
a
member
of
any
professional
association
or
society
composed
of
professional
landscape
architects.
Sec.
1698.
Section
544B.5,
Code
2023,
is
amended
to
read
as
follows:
544B.5
Duties.
The
board
shall
enforce
this
chapter
and
shall
make
rules
for
the
examination
of
applicants
for
licensure.
The
board
shall
keep
a
record
of
its
proceedings.
The
board
shall
adopt
an
official
seal
which
shall
be
affixed
to
all
certificates
of
licensure
granted.
The
board
may
make
other
rules,
not
inconsistent
with
law,
as
necessary
for
the
proper
performance
of
its
duties.
The
board
shall
maintain
a
roster
showing
the
name,
place
of
business,
and
residence,
and
the
date
and
number
of
the
certificate
of
licensure
of
every
professional
landscape
architect
in
this
state.
The
administrator
of
the
professional
licensing
and
regulation
bureau
of
the
banking
division
director
of
the
department
of
commerce
inspections,
appeals,
and
licensing
shall
hire
and
provide
staff
to
assist
the
board
in
implementing
this
chapter
.
Sec.
1699.
Section
544C.1,
subsection
2,
Code
2023,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
2.
“Department”
means
the
department
of
inspections,
appeals,
and
licensing.
Sec.
1700.
Section
544C.2,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
An
interior
design
examining
board
is
established
within
the
bureau
department
.
The
board
consists
of
seven
members:
five
members
who
are
interior
designers
who
are
registered
under
this
chapter
and
who
have
been
in
the
active
practice
of
interior
design
for
not
less
than
five
years,
the
last
two
of
which
shall
have
been
in
Iowa;
and
two
members
who
are
not
registered
under
this
chapter
and
who
shall
represent
the
general
public.
Members
shall
be
appointed
by
the
governor
subject
to
confirmation
by
the
senate.
Senate
File
514,
p.
921
Sec.
1701.
Section
544C.3,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
administrator
director
of
the
bureau
department
shall
provide
staff
to
assist
the
board
in
the
implementation
of
this
chapter
.
Sec.
1702.
Section
544C.5,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Each
applicant
for
registration
must
meet
the
interior
design
education
and
practical
training
requirements
adopted
by
rule
by
the
board,
and
have
passed
an
examination
prescribed
by
the
board
that
is
task-oriented,
focused
on
public
safety,
and
validated
by
a
recognized
testing
agency.
The
bureau
department
shall
register
an
individual
who
submits
an
application
to
the
board
on
the
form
and
in
the
manner
prescribed
by
the
board
as
a
registered
interior
designer
if
the
individual
satisfies
the
following
requirements:
Sec.
1703.
Section
546.3,
subsection
2,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
1704.
Section
546.10,
Code
2023,
is
amended
to
read
as
follows:
546.10
Professional
licensing
Licensing
and
regulation
bureau
——
superintendent
of
banking
of
business
and
commerce-related
professions
.
1.
a.
The
professional
licensing
and
regulation
bureau
of
the
banking
division
department
shall
administer
and
coordinate
the
licensing
and
regulation
of
several
professions
by
bringing
together
the
following
licensing
boards:
a.
(1)
The
engineering
and
land
surveying
examining
board
created
pursuant
to
chapter
542B
.
b.
(2)
The
Iowa
accountancy
examining
board
created
pursuant
to
chapter
542
.
c.
(3)
The
real
estate
commission
created
pursuant
to
chapter
543B
.
(4)
The
real
estate
appraiser
examining
board
created
pursuant
to
chapter
543D.
d.
(5)
The
architectural
examining
board
created
pursuant
to
chapter
544A
.
e.
(6)
The
landscape
architectural
examining
board
created
pursuant
to
chapter
544B
.
Senate
File
514,
p.
922
f.
(7)
The
interior
design
examining
board
created
pursuant
to
chapter
544C
.
b.
The
director
shall
administer
chapter
543E.
2.
The
bureau
is
headed
by
the
administrator
of
professional
licensing
and
regulation
who
shall
be
the
superintendent
of
banking.
The
administrator
director
shall
appoint
and
supervise
staff
and
shall
coordinate
activities
for
the
licensing
boards
within
the
bureau
department
pursuant
to
subsection
1
and
for
the
administration
of
chapter
543E
.
3.
a.
The
licensing
and
regulation
examining
boards
included
in
the
bureau
pursuant
to
subsection
1
retain
the
powers
granted
them
pursuant
to
the
chapters
in
which
they
are
created,
except
for
budgetary
and
personnel
matters
which
shall
be
handled
by
the
administrator
director
.
Each
licensing
board
shall
adopt
rules
pursuant
to
chapter
17A
.
Decisions
by
a
licensing
board
are
final
agency
actions
for
purposes
of
chapter
17A
.
b.
Notwithstanding
subsection
5
,
eighty-five
percent
of
the
funds
received
annually
resulting
from
an
increase
in
licensing
fees
implemented
on
or
after
April
1,
2002,
by
a
licensing
board
or
commission
listed
in
subsection
1
,
paragraph
“a”
,
subparagraphs
(1),
(2),
(3),
(5),
(6),
and
(7),
is
appropriated
to
the
professional
licensing
and
regulation
bureau
department
to
be
allocated
to
the
board
or
commission
for
the
fiscal
year
beginning
July
1,
2002,
and
succeeding
fiscal
years,
for
purposes
related
to
the
duties
of
the
board
or
commission,
including
but
not
limited
to
additional
full-time
equivalent
positions.
In
addition,
notwithstanding
subsection
5
,
twenty-five
dollars
from
each
real
estate
salesperson’s
license
fee
and
each
broker’s
license
fee
received
pursuant
to
section
543B.14
is
appropriated
to
the
professional
licensing
and
regulation
bureau
department
for
the
purpose
of
hiring
and
compensating
a
real
estate
education
director
and
regulatory
compliance
personnel.
The
director
of
the
department
of
administrative
services
shall
draw
warrants
upon
the
treasurer
of
state
from
the
funds
appropriated
as
provided
in
this
section
and
shall
make
the
funds
available
to
the
professional
licensing
and
regulation
bureau
department
on
a
monthly
basis
during
each
fiscal
year.
Senate
File
514,
p.
923
4.
The
professional
licensing
and
regulation
bureau
of
the
banking
division
of
the
department
of
commerce
may
expend
additional
funds,
including
funds
for
additional
personnel,
if
those
additional
expenditures
are
directly
the
cause
of
actual
examination
expenses
exceeding
funds
budgeted
for
examinations.
Before
the
bureau
department
expends
or
encumbers
an
amount
in
excess
of
the
funds
budgeted
for
examinations,
the
director
of
the
department
of
management
shall
approve
the
expenditure
or
encumbrance.
Before
approval
is
given,
the
director
of
the
department
of
management
shall
determine
that
the
examination
expenses
exceed
the
funds
budgeted
by
the
general
assembly
to
the
bureau
department
and
the
bureau
department
does
not
have
other
funds
from
which
the
expenses
can
be
paid.
Upon
approval
of
the
director
of
the
department
of
management,
the
bureau
department
may
expend
and
encumber
funds
for
excess
examination
expenses.
The
amounts
necessary
to
fund
the
examination
expenses
shall
be
collected
as
fees
from
additional
examination
applicants
and
shall
be
treated
as
repayment
receipts
as
defined
in
section
8.2,
subsection
8
.
5.
Fees
collected
under
chapters
542
,
542B
,
543B
,
544A
,
544B
,
and
544C
shall
be
paid
to
the
treasurer
of
state
and
credited
to
the
general
fund
of
the
state.
All
expenses
required
in
the
discharge
of
the
duties
and
responsibilities
imposed
upon
the
professional
licensing
and
regulation
bureau
of
the
banking
division
of
the
department
of
commerce
,
the
administrator
director
,
and
the
licensing
boards
by
the
laws
of
this
state
shall
be
paid
from
moneys
appropriated
by
the
general
assembly
for
those
purposes.
All
fees
deposited
into
the
general
fund
of
the
state,
as
provided
in
this
subsection
,
shall
be
subject
to
the
requirements
of
section
8.60
.
6.
The
licensing
boards
included
in
the
bureau
department
pursuant
to
subsection
1
may
refuse
to
issue
or
renew
a
license
to
practice
a
profession
to
any
person
otherwise
qualified
upon
any
of
the
grounds
for
which
a
license
may
be
revoked
or
suspended
or
a
licensee
may
otherwise
be
disciplined,
or
upon
any
other
grounds
set
out
in
the
chapter
governing
the
respective
board.
7.
The
licensing
boards
included
in
the
bureau
department
pursuant
to
subsection
1
may
suspend,
revoke,
or
refuse
to
issue
Senate
File
514,
p.
924
or
renew
a
license,
or
may
discipline
a
licensee
based
upon
a
suspension,
revocation,
or
other
disciplinary
action
taken
by
a
licensing
authority
in
this
or
another
state,
territory,
or
country.
For
purposes
of
this
subsection
,
“disciplinary
action”
includes
the
voluntary
surrender
of
a
license
to
resolve
a
pending
disciplinary
investigation
or
proceeding.
A
certified
copy
of
the
record
or
order
of
suspension,
revocation,
voluntary
surrender,
or
other
disciplinary
action
is
prima
facie
evidence
of
such
fact.
8.
Notwithstanding
any
other
provision
of
law
to
the
contrary,
the
licensing
boards
included
within
the
bureau
department
pursuant
to
subsection
1
may
by
rule
establish
the
conditions
under
which
an
individual
licensed
in
a
different
jurisdiction
may
be
issued
a
reciprocal
or
comity
license,
if,
in
the
board’s
discretion,
the
applicant’s
qualifications
for
licensure
are
substantially
equivalent
to
those
required
of
applicants
for
initial
licensure
in
this
state.
9.
Notwithstanding
section
272C.6
,
the
licensing
boards
included
within
the
bureau
department
pursuant
to
subsection
1
may
by
rule
establish
the
conditions
under
which
the
board
may
supply
to
a
licensee
who
is
the
subject
of
a
disciplinary
complaint
or
investigation,
prior
to
the
initiation
of
a
disciplinary
proceeding,
all
or
such
parts
of
a
disciplinary
complaint,
disciplinary
or
investigatory
file,
report,
or
other
information,
as
the
board
in
its
sole
discretion
believes
would
aid
the
investigation
or
resolution
of
the
matter.
10.
Notwithstanding
section
17A.6,
subsection
2
,
the
licensing
boards
included
within
the
bureau
department
pursuant
to
subsection
1
may
adopt
standards
by
reference
to
another
publication
without
providing
a
copy
of
the
publication
to
the
administrative
code
editor
if
the
publication
containing
the
standards
is
readily
accessible
on
the
internet
at
no
cost
and
the
internet
site
at
which
the
publication
may
be
found
is
included
in
the
administrative
rules
that
adopt
the
standard.
11.
Renewal
periods
for
all
licenses
and
certificates
of
the
licensing
boards
included
within
the
bureau
department
pursuant
to
subsection
1
may
be
annual
or
multiyear,
as
provided
by
rule.
12.
A
quorum
of
a
licensing
board
included
within
the
bureau
department
pursuant
to
subsection
1
shall
be
a
majority
Senate
File
514,
p.
925
of
the
members
of
the
board
and
action
may
be
taken
upon
a
majority
vote
of
board
members
present
at
a
meeting
who
are
not
disqualified.
Sec.
1705.
Section
710A.7,
Code
2023,
is
amended
to
read
as
follows:
710A.7
Peace
officer
referral.
If
during
the
course
of
an
investigation
or
prosecution
under
this
chapter
a
peace
officer
has
reason
to
believe
that
a
person
who
purports
to
be
licensed
pursuant
to
chapter
152C
or
157
does
not
possess
a
valid
license
or
is
in
violation
of
any
other
state
or
federal
laws,
the
peace
officer
may
report
such
noncompliance
to
the
appropriate
licensing
board
under
the
professional
licensure
division
within
the
department
of
public
health
inspections,
appeals,
and
licensing
,
and
to
the
appropriate
state
or
federal
authorities.
Sec.
1706.
Section
727.2,
subsection
2,
paragraph
b,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
A
person
who
uses
or
explodes
display
fireworks
while
the
use
of
such
devices
is
suspended
by
an
order
of
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
pursuant
to
section
10A.511,
subsection
6,
commits
a
simple
misdemeanor,
punishable
by
a
fine
of
not
less
than
two
hundred
fifty
dollars.
Sec.
1707.
Section
727.2,
subsection
3,
paragraph
c,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
A
person
who
uses
or
explodes
consumer
fireworks
or
novelties
while
the
use
of
such
devices
is
suspended
by
an
order
of
the
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
pursuant
to
section
10A.511,
subsection
6,
commits
a
simple
misdemeanor,
punishable
by
a
fine
of
not
less
than
two
hundred
fifty
dollars.
Sec.
1708.
Section
904.318,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
state
fire
marshal
director
of
the
department
of
inspections,
appeals,
and
licensing
or
the
director’s
designee
shall
cause
an
annual
inspection
to
be
made
of
all
the
institutions
listed
in
section
904.102
and
shall
make
a
written
report
of
the
inspection
to
the
director.
Sec.
1709.
REPEAL.
Sections
100D.8
and
100D.9,
Code
2023,
Senate
File
514,
p.
926
are
repealed.
Sec.
1710.
2015
Iowa
Acts,
chapter
138,
section
97,
is
amended
to
read
as
follows:
SEC.
97.
RESIDENTIAL
SWIMMING
POOLS
——
PRIVATE
SWIMMING
LESSONS.
Notwithstanding
any
provision
of
law
to
the
contrary,
the
department
of
public
health
inspections,
appeals,
and
licensing
shall
require
that
a
residential
swimming
pool
used
for
private
swimming
lessons
for
up
to
two
hundred
seven
hours
in
a
calendar
month,
or
the
number
of
hours
prescribed
by
local
ordinance
applicable
to
such
use
of
a
residential
swimming
pool,
whichever
is
greater,
be
regulated
as
a
residential
swimming
pool
used
for
commercial
purposes
pursuant
to
chapter
135I
.
The
department
of
public
health
may
adopt
rules
to
implement
this
section.
Sec.
1711.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
100.11
to
section
10A.513.
b.
Section
100.12
to
section
10A.514.
c.
Section
100.13
to
section
10A.515.
d.
Section
100.14
to
section
10A.516.
e.
Section
100.16
to
section
10A.517.
f.
Section
100.18
to
section
10A.518.
g.
Section
100.19
to
section
10A.519.
h.
Section
100.19A
to
section
10A.520.
i.
Section
100.26
to
section
10A.521.
j.
Section
100.31
to
section
10A.522.
k.
Section
100.35
to
section
10A.523.
l.
Section
100.38
to
section
10A.525.
m.
Section
100.39
to
section
10A.524.
n.
Section
135.11A
to
section
10A.503.
o.
Section
135.11B
to
section
10A.504.
p.
Section
135.31
to
section
10A.505.
q.
Section
135.37
to
section
10A.531.
r.
Section
135.37A
to
section
10A.532.
s.
Section
135.105A
to
section
10A.902.
t.
Section
135.105C
to
section
10A.903.
u.
Section
546.10
to
section
10A.506.
2.
The
Code
editor
is
directed
to
rename
article
V
of
Senate
File
514,
p.
927
chapter
10A
as
subchapter
V
and
designate
parts
as
follows:
a.
Subchapter
V
shall
be
entitled
“Licensing
and
Regulation”
and
include
sections
10A.501
through
10A.534.
b.
Subchapter
V,
part
1,
shall
be
entitled
“General
Provisions”
and
include
sections
10A.501
through
10A.510.
c.
Subchapter
V,
part
2,
shall
be
entitled
“Fire
Control”
and
include
sections
10A.511
through
10A.530.
d.
Subchapter
V,
part
3,
shall
be
entitled
“Tattooing
and
Hair
Braiding”
and
include
sections
10A.531
through
10A.534.
3.
The
Code
editor
is
directed
to
create
new
subchapter
IX
within
chapter
10A
which
shall
be
entitled
“Lead
Abatement
Program”
and
include
sections
10A.902
and
10A.903.
4.
The
Code
editor
may
modify
subchapter
and
part
titles
if
necessary
and
is
directed
to
correct
internal
references
in
the
Code
as
necessary
due
to
enactment
of
this
section.
ADMINISTRATIVE
LAW
JUDGES
Sec.
1712.
Section
8A.415,
subsection
1,
paragraph
b,
Code
2023,
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
board.
The
hearing
shall
be
conducted
in
accordance
with
the
rules
of
the
public
employment
relations
board
and
the
Iowa
administrative
procedure
Act,
chapter
17A
.
Decisions
rendered
shall
be
based
upon
a
standard
of
substantial
compliance
with
this
subchapter
and
the
rules
of
the
department.
Decisions
by
the
public
employment
relations
board
constitute
final
agency
action.
However,
if
the
employee
is
an
administrative
law
judge
appointed
or
employed
by
the
public
employment
relations
board,
the
employee’s
appeal
shall
be
heard
by
an
administrative
law
judge
employed
by
the
administrative
hearings
division
of
the
department
of
inspections
and
appeals
in
accordance
with
the
provisions
of
section
10A.801
,
whose
decision
shall
constitute
final
agency
action.
Sec.
1713.
Section
8A.415,
subsection
2,
paragraph
b,
Code
2023,
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
board.
The
employee
has
Senate
File
514,
p.
928
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
board
and
the
Iowa
administrative
procedure
Act,
chapter
17A
.
If
the
public
employment
relations
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
board
may
provide
other
appropriate
remedies.
Decisions
by
the
public
employment
relations
board
constitute
final
agency
action.
However,
if
the
employee
is
an
administrative
law
judge
appointed
or
employed
by
the
public
employment
relations
board,
the
employee’s
appeal
shall
be
heard
by
an
administrative
law
judge
employed
by
the
administrative
hearings
division
of
the
department
of
inspections
and
appeals
in
accordance
with
the
provisions
of
section
10A.801
,
whose
decision
shall
constitute
final
agency
action.
Sec.
1714.
Section
96.6,
subsection
3,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Appeals
from
the
initial
determination
shall
be
heard
by
an
administrative
law
judge
employed
by
the
department
division
of
administrative
hearings
created
by
section
10A.801
.
An
administrative
law
judge’s
decision
may
be
appealed
by
any
party
to
the
employment
appeal
board
created
in
section
10A.601
or
directly
to
the
district
court.
Sec.
1715.
Section
216.15,
subsection
3,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
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
staff
shall
make
a
prompt
investigation
and
shall
issue
a
recommendation
to
an
administrative
law
judge
employed
either
by
the
commission
or
by
the
division
of
administrative
hearings
created
by
section
10A.801
,
who
shall
then
issue
a
determination
of
probable
cause
or
no
probable
cause.
Sec.
1716.
Section
256.7,
subsection
6,
Code
2023,
is
Senate
File
514,
p.
929
amended
to
read
as
follows:
6.
Hear
appeals
of
persons
aggrieved
by
decisions
of
boards
of
directors
of
school
corporations
under
chapter
290
and
other
appeals
prescribed
by
law.
The
state
board
may
review
the
record
and
shall
review
the
decision
of
the
director
of
the
department
of
education
or
the
administrative
law
judge
employed
by
the
division
of
administrative
hearings
created
by
section
10A.801
and
designated
for
any
appeals
heard
and
decided
by
the
director
under
chapter
290
,
and
may
affirm,
modify,
or
vacate
the
decision,
or
may
direct
a
rehearing
before
the
director.
Sec.
1717.
Section
256B.6,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Notwithstanding
section
17A.11
,
the
state
board
of
education
shall
adopt
rules
for
the
appointment
of
an
impartial
administrative
law
judge
employed
by
the
division
of
administrative
hearings
created
by
section
10A.801
for
special
education
appeals.
The
rules
shall
comply
with
federal
statutes
and
regulations.
Sec.
1718.
Section
272.14,
Code
2023,
is
amended
to
read
as
follows:
272.14
Appointment
of
administrative
law
judges.
The
board
shall
maintain
a
list
of
qualified
persons
employed
by
the
division
of
administrative
hearings
created
by
section
10A.801
and
who
are
experienced
in
the
educational
system
of
this
state
to
serve
as
administrative
law
judges
when
a
hearing
is
requested
under
section
279.24
.
When
requested
under
section
279.24
,
the
board
shall
submit
a
list
of
five
qualified
administrative
law
judges
from
the
list
maintained
by
the
board
to
the
parties.
The
parties
shall
select
one
of
the
five
qualified
persons
to
conduct
the
hearing
as
provided
in
section
279.24
.
The
hearing
shall
be
held
pursuant
to
the
provisions
of
chapter
17A
relating
to
contested
cases.
The
full
costs
of
the
hearing
shall
be
shared
equally
by
the
parties.
Sec.
1719.
Section
279.24,
subsection
5,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
Within
five
days
after
receipt
of
the
written
notice
that
the
school
board
has
voted
to
consider
termination
of
the
contract,
the
administrator
may
request
a
private
hearing
Senate
File
514,
p.
930
in
writing
to
the
secretary
of
the
school
board.
The
board
shall
then
forward
the
notification
to
the
board
of
educational
examiners
along
with
a
request
that
the
board
of
educational
examiners
submit
a
list
of
five
qualified
administrative
law
judges
who
are
employed
by
the
division
of
administrative
hearings
created
by
section
10A.801
to
the
parties.
Within
three
days
from
receipt
of
the
list
the
parties
shall
select
an
administrative
law
judge
by
alternately
removing
a
name
from
the
list
until
only
one
name
remains.
The
person
whose
name
remains
shall
be
the
administrative
law
judge.
The
parties
shall
determine
by
lot
which
party
shall
remove
the
first
name
from
the
list.
The
private
hearing
shall
be
held
no
sooner
than
twenty
days
and
not
later
than
forty
days
following
the
administrator’s
request
unless
the
parties
otherwise
agree.
If
the
administrator
does
not
request
a
private
hearing,
the
school
board,
not
later
than
May
31,
may
determine
the
continuance
or
discontinuance
of
the
contract
and,
if
the
board
determines
to
continue
the
administrator’s
contract,
whether
to
suspend
the
administrator
with
or
without
pay
for
a
period
specified
by
the
board.
School
board
action
shall
be
by
majority
roll
call
vote
entered
on
the
minutes
of
the
meeting.
Notice
of
school
board
action
shall
be
personally
delivered
or
mailed
to
the
administrator.
CIVIL
RIGHTS
COMMISSION
Sec.
1720.
Section
216.3,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
Iowa
state
civil
rights
commission
shall
consist
is
created
within
the
department
of
inspections,
appeals,
and
licensing
consisting
of
seven
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
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
.
CONFORMING
CHANGES
Sec.
1721.
Section
8A.412,
subsection
19,
Code
2023,
is
amended
to
read
as
follows:
19.
The
superintendent
of
the
banking
division
of
the
Senate
File
514,
p.
931
department
of
commerce,
all
members
of
the
state
banking
council,
and
all
employees
of
the
banking
division
except
for
employees
of
the
professional
licensing
and
regulation
bureau
of
the
division
.
Sec.
1722.
Section
8A.457,
Code
2023,
is
amended
to
read
as
follows:
8A.457
Workers’
compensation
claims.
The
director
shall
employ
appropriate
staff
to
handle
and
adjust
claims
of
state
employees
for
workers’
compensation
benefits
pursuant
to
chapter
10A,
subchapter
III,
and
chapters
85
,
85A
,
and
85B
,
and
86
,
or
,
with
the
approval
of
the
executive
council
,
contract
for
the
services
or
purchase
workers’
compensation
insurance
coverage
for
state
employees
or
selected
groups
of
state
employees.
A
state
employee
workers’
compensation
fund
is
created
in
the
state
treasury
under
the
control
of
the
department
to
pay
state
employee
workers’
compensation
claims
and
administrative
costs.
The
department
shall
establish
a
rating
formula
and
assess
premiums
to
all
agencies,
departments,
and
divisions
of
the
state
including
those
which
have
not
received
an
appropriation
for
the
payment
of
workers’
compensation
insurance
and
which
operate
from
moneys
other
than
from
the
general
fund
of
the
state.
The
department
shall
collect
the
premiums
and
deposit
them
into
the
state
employee
workers’
compensation
fund.
Notwithstanding
section
8.33
,
moneys
deposited
in
the
state
employee
workers’
compensation
fund
shall
not
revert
to
the
general
fund
of
the
state
at
the
end
of
any
fiscal
year,
but
shall
remain
in
the
state
employee
workers’
compensation
fund
and
be
continuously
available
to
pay
state
employee
workers’
compensation
claims.
The
director
may,
to
the
extent
practicable,
contract
with
a
private
organization
to
handle
the
processing
and
payment
of
claims
and
services
rendered
under
the
provisions
of
this
section
.
Sec.
1723.
Section
8A.504,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
In
the
case
of
multiple
claims
to
payments
filed
under
this
section
,
priority
shall
be
given
to
claims
filed
by
the
child
support
recovery
unit
services
or
the
foster
care
recovery
unit
services
,
next
priority
shall
be
given
to
Senate
File
514,
p.
932
claims
filed
by
the
clerk
of
the
district
court,
next
priority
shall
be
given
to
claims
filed
by
the
college
student
aid
commission,
next
priority
shall
be
given
to
claims
filed
by
the
investigations
division
of
the
department
of
inspections
,
and
appeals,
and
licensing
relating
to
investigations
by
the
department,
and
last
priority
shall
be
given
to
claims
filed
by
other
public
agencies.
In
the
case
of
multiple
claims
in
which
the
priority
is
not
otherwise
provided
by
this
subsection
,
priority
shall
be
determined
in
accordance
with
rules
to
be
established
by
the
director.
Sec.
1724.
Section
8A.512,
subsection
1,
paragraph
b,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
Claims
by
state
employees
for
benefits
pursuant
to
chapter
10A,
subchapter
III,
and
chapters
85
,
85A
,
and
85B
,
and
86
are
subject
to
limitations
provided
in
those
chapters.
Sec.
1725.
Section
13B.1,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1726.
Section
13B.2,
Code
2023,
is
amended
to
read
as
follows:
13B.2
Position
established.
The
position
of
state
public
defender
is
established
within
the
department
of
inspections
,
and
appeals
,
and
licensing
.
The
governor
shall
appoint
the
state
public
defender,
who
shall
serve
at
the
pleasure
of
the
governor,
subject
to
confirmation
by
the
senate,
no
less
frequently
than
once
every
four
years,
whether
or
not
there
has
been
a
new
state
public
defender
appointed
during
that
time,
and
shall
establish
the
state
public
defender’s
salary.
Sec.
1727.
Section
13B.6,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
provide
internal
accounting
and
related
fiscal
services
for
the
state
public
defender.
Sec.
1728.
Section
15.108,
subsection
7,
paragraph
f,
Code
2023,
is
amended
to
read
as
follows:
f.
To
the
extent
feasible,
cooperate
with
the
department
of
workforce
development
and
the
division
of
workers’
compensation
Senate
File
514,
p.
933
of
the
department
of
inspections,
appeals,
and
licensing
to
establish
a
program
to
educate
existing
employers
and
new
or
potential
employers
on
the
rates
and
workings
of
the
state
unemployment
compensation
program
and
the
state
workers’
compensation
program.
Sec.
1729.
Section
15E.208,
subsection
4,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
An
agricultural
products
processor,
if
the
processor
or
a
person
owning
a
controlling
interest
in
the
processor
has
demonstrated,
within
the
most
recent
consecutive
three-year
period
prior
to
the
application
for
financing,
a
continuous
and
flagrant
disregard
for
the
health
and
safety
of
its
employees
or
the
quality
of
the
environment.
Violations
of
environmental
protection
statutes,
rules,
or
regulations
shall
be
reported
for
the
most
recent
five-year
period
prior
to
application.
Evidence
of
such
disregard
shall
include
a
history
of
serious
or
uncorrected
violations
of
state
or
federal
law
protecting
occupational
health
and
safety
or
the
environment,
including
but
not
limited
to
serious
or
uncorrected
violations
of
occupational
safety
and
health
standards
enforced
by
the
division
of
labor
services
of
the
department
of
workforce
development
inspections,
appeals,
and
licensing
pursuant
to
chapter
84A
10A
,
or
rules
enforced
by
the
department
of
natural
resources
pursuant
to
chapter
455B
or
459,
subchapters
II
and
III
.
Sec.
1730.
Section
17A.11,
subsection
1,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
For
purposes
of
paragraph
“a”
,
the
division
of
administrative
hearings
established
in
section
10A.801
shall
be
treated
as
a
wholly
separate
agency
from
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1731.
Section
35D.15,
subsection
2,
paragraph
c,
subparagraph
(2),
subparagraph
divisions
(c),
(d),
and
(e),
Code
2023,
are
amended
to
read
as
follows:
(c)
If
the
member
is
not
satisfied
with
the
decision
of
the
commission,
the
member
may
appeal
the
commission’s
decision
by
filing
an
appeal
with
the
department
of
inspections
,
and
appeals
,
and
licensing
within
five
calendar
days
of
being
notified
in
writing
of
the
commission’s
decision.
Senate
File
514,
p.
934
(d)
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
render
a
decision
on
the
appeal
of
the
commission’s
decision
and
notify
the
member
of
the
decision,
in
writing,
within
fifteen
calendar
days
of
the
filing
of
the
appeal
with
the
department.
(e)
The
maximum
time
period
that
shall
elapse
between
receipt
by
the
member
of
the
discharge
notice
and
actual
discharge
shall
not
exceed
fifty-five
days,
which
includes
the
thirty-day
discharge
notice
period
and
any
time
during
which
any
appeals
to
the
commission
or
the
department
of
inspections
,
and
appeals
,
and
licensing
are
pending.
Sec.
1732.
Section
35D.15,
subsection
2,
paragraph
c,
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
(3)
If
a
member
is
not
satisfied
with
the
decision
of
the
department
of
inspections
,
and
appeals,
and
licensing,
the
member
may
seek
judicial
review
in
accordance
with
chapter
17A
.
A
member’s
discharge
under
this
subsection
shall
be
stayed
while
judicial
review
is
pending.
Sec.
1733.
Section
35D.15,
subsection
2,
paragraph
f,
Code
2023,
is
amended
to
read
as
follows:
f.
Any
involuntary
discharge
by
the
commandant
under
this
subsection
shall
comply
with
the
rules
adopted
by
the
commission
under
this
subsection
and
by
the
department
of
inspections
,
and
appeals
,
and
licensing
pursuant
to
section
135C.14,
subsection
8
,
paragraph
“f”
.
Sec.
1734.
Section
53.8,
subsection
3,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
When
an
application
for
an
absentee
ballot
is
received
by
the
commissioner
of
any
county
from
a
registered
voter
who
is
a
patient
in
a
hospital
in
that
county,
a
tenant
of
an
assisted
living
program
in
that
county
as
shown
by
the
list
of
certifications
provided
the
commissioner
under
section
231C.21
,
or
a
resident
of
any
facility
in
that
county
shown
to
be
a
health
care
facility
by
the
list
of
licenses
provided
the
commissioner
under
section
135C.29
,
the
absentee
ballot
shall
be
delivered
to
the
voter
and
returned
to
the
commissioner
in
the
manner
prescribed
by
section
53.22
.
For
purposes
of
this
paragraph,
“assisted
living
program”
means
a
program
certified
pursuant
to
section
231C.3
that
meets
the
standards
for
a
Senate
File
514,
p.
935
dementia-specific
assisted
living
program,
as
established
by
rule
by
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1735.
Section
53.22,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
For
purposes
of
this
section
,
“assisted
living
program”
means
a
program
certified
pursuant
to
section
231C.3
that
meets
the
standards
for
a
dementia-specific
assisted
living
program,
as
established
by
rule
by
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1736.
Section
68B.2,
subsection
23,
Code
2023,
is
amended
to
read
as
follows:
23.
“Regulatory
agency”
means
the
department
of
agriculture
and
land
stewardship,
department
of
workforce
development,
department
of
commerce,
Iowa
department
of
public
health,
department
of
public
safety,
department
of
education,
state
board
of
regents,
department
of
human
services,
department
of
revenue,
department
of
inspections
,
and
appeals,
and
licensing,
department
of
administrative
services,
public
employment
relations
board,
state
department
of
transportation,
civil
rights
commission,
department
of
public
defense,
department
of
homeland
security
and
emergency
management,
Iowa
ethics
and
campaign
disclosure
board,
and
department
of
natural
resources.
Sec.
1737.
Section
73.16,
subsection
2,
paragraph
c,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
The
director
of
each
department
and
agency
of
state
government
shall
cooperate
with
the
director
of
the
department
of
inspections
,
and
appeals,
and
licensing,
the
director
of
the
economic
development
authority,
and
the
director
of
the
department
of
management
and
do
all
acts
necessary
to
carry
out
the
provisions
of
this
subchapter
.
Sec.
1738.
Section
80.15,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
During
the
period
of
twelve
months
after
appointment,
a
peace
officer
of
the
department
is
subject
to
dismissal
at
the
will
of
the
commissioner.
After
the
twelve
months’
service,
a
peace
officer
of
the
department,
who
was
appointed
after
having
passed
the
examinations,
is
not
subject
to
dismissal,
suspension,
disciplinary
demotion,
or
other
disciplinary
action
Senate
File
514,
p.
936
resulting
in
the
loss
of
pay
unless
charges
have
been
filed
with
the
department
of
inspections
,
and
appeals
,
and
licensing
and
a
hearing
held
by
the
employment
appeal
board
created
by
section
10A.601
,
if
requested
by
the
peace
officer,
at
which
the
peace
officer
has
an
opportunity
to
present
a
defense
to
the
charges.
The
decision
of
the
appeal
board
is
final,
subject
to
the
right
of
judicial
review
in
accordance
with
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
.
However,
these
procedures
as
to
dismissal,
suspension,
demotion,
or
other
discipline
do
not
apply
to
a
peace
officer
who
is
covered
by
a
collective
bargaining
agreement
which
provides
otherwise,
and
do
not
apply
to
the
demotion
of
a
division
head
to
the
rank
which
the
division
head
held
at
the
time
of
appointment
as
division
head,
if
any.
A
division
head
who
is
demoted
has
the
right
to
return
to
the
rank
which
the
division
head
held
at
the
time
of
appointment
as
division
head,
if
any.
Sec.
1739.
Section
84A.5,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
The
director
of
the
department
of
workforce
development
shall
form
a
coordinating
committee
composed
of
the
director
of
the
department
of
workforce
development
,
the
labor
commissioner,
the
workers’
compensation
commissioner,
and
other
administrators.
The
committee
shall
monitor
federal
compliance
issues
relating
to
coordination
of
functions
among
the
divisions
within
the
department
.
Sec.
1740.
Section
85.3,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Any
employer
who
is
a
nonresident
of
this
state,
for
whom
services
are
performed
within
this
state
by
any
employee,
is
deemed
to
be
doing
business
in
this
state
by
virtue
of
having
such
services
performed
and
the
employer
and
employee
shall
be
subject
to
the
jurisdiction
of
the
workers’
compensation
commissioner
and
to
all
of
the
provisions
of
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
85A
,
85B
,
86
,
and
87
,
as
to
any
and
all
personal
injuries
sustained
by
the
employee
arising
out
of
and
in
the
course
of
such
employment
within
this
state.
In
addition,
every
corporation,
individual,
personal
representative,
partnership,
or
association
that
has
the
necessary
minimum
contact
with
this
state
shall
be
subject
Senate
File
514,
p.
937
to
the
jurisdiction
of
the
workers’
compensation
commissioner,
and
the
workers’
compensation
commissioner
shall
hold
such
corporation,
individual,
personal
representative,
partnership,
or
association
amenable
to
suit
in
this
state
in
every
case
not
contrary
to
the
provisions
of
the
Constitution
of
the
United
States.
Sec.
1741.
Section
85.3,
subsection
3,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
In
addition
to
those
persons
authorized
to
receive
personal
service
as
in
civil
actions
as
permitted
by
chapter
17A
and
this
chapter
,
such
employer
shall
be
deemed
to
have
appointed
the
secretary
of
state
of
this
state
as
its
lawful
attorney
upon
whom
may
be
served
or
delivered
any
and
all
notices
authorized
or
required
by
the
provisions
of
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
85A
,
85B
,
86
,
87
,
and
17A
,
and
to
agree
that
any
and
all
such
services
or
deliveries
of
notice
on
the
secretary
of
state
shall
be
of
the
same
legal
force
and
validity
as
if
personally
served
upon
or
delivered
to
such
nonresident
employer
in
this
state.
Sec.
1742.
Section
85.26,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
An
original
proceeding
for
benefits
under
chapter
10A,
subchapter
III,
this
chapter
,
or
chapter
85A
,
or
85B
,
or
86
,
shall
not
be
maintained
in
any
contested
case
unless
the
proceeding
is
commenced
within
two
years
from
the
date
of
the
occurrence
of
the
injury
for
which
benefits
are
claimed
or,
if
weekly
compensation
benefits
are
paid
under
section
86.13
,
within
three
years
from
the
date
of
the
last
payment
of
weekly
compensation
benefits.
For
the
purposes
of
this
section
,
“date
of
the
occurrence
of
the
injury”
means
the
date
that
the
employee
knew
or
should
have
known
that
the
injury
was
work-related.
2.
An
award
for
payments
or
an
agreement
for
settlement
provided
by
section
86.13
for
benefits
under
this
chapter
or
chapter
85A
or
85B
,
where
the
amount
has
not
been
commuted,
may
be
reviewed
upon
commencement
of
reopening
proceedings
by
the
employer
or
the
employee
within
three
years
from
the
date
of
the
last
payment
of
weekly
benefits
made
under
the
award
or
agreement.
If
an
award
for
payments
or
agreement
for
settlement
Senate
File
514,
p.
938
as
provided
by
section
86.13
for
benefits
under
this
chapter
or
chapter
85A
or
85B
has
been
made
and
the
amount
has
not
been
commuted,
or
if
a
denial
of
liability
is
not
filed
with
the
workers’
compensation
commissioner
and
notice
of
the
denial
is
not
mailed
to
the
employee,
in
the
form
and
manner
required
by
the
commissioner,
within
six
months
of
the
commencement
of
weekly
compensation
benefits,
the
commissioner
may
at
any
time
upon
proper
application
make
a
determination
and
appropriate
order
concerning
the
entitlement
of
an
employee
to
benefits
provided
for
in
section
85.27
.
The
failure
to
file
a
denial
of
liability
does
not
constitute
an
admission
of
liability
under
chapter
10A,
subchapter
III,
this
chapter
,
or
chapter
85A
,
or
85B
,
or
86
.
Sec.
1743.
Section
85.31,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
Except
as
otherwise
provided
by
treaty,
whenever,
under
the
provisions
of
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
86
and
chapter
87
,
compensation
is
payable
to
a
dependent
who
is
an
alien
not
residing
in
the
United
States
at
the
time
of
the
injury,
the
employer
shall
pay
fifty
percent
of
the
compensation
herein
otherwise
provided
to
such
dependent,
and
the
other
fifty
percent
shall
be
paid
into
the
second
injury
fund
in
the
custody
of
the
treasurer
of
state.
But
if
the
nonresident
alien
dependent
is
a
citizen
of
a
government
having
a
compensation
law
which
excludes
citizens
of
the
United
States,
either
resident
or
nonresident,
from
partaking
of
the
benefits
of
such
law
in
as
favorable
degree
as
herein
extended
to
the
nonresident
alien,
then
the
compensation
which
would
otherwise
be
payable
to
the
dependent
shall
be
paid
into
the
second
injury
fund
in
the
custody
of
the
treasurer
of
state.
Sec.
1744.
Section
85.34,
subsections
4,
5,
and
7,
Code
2023,
are
amended
to
read
as
follows:
4.
Credits
for
excess
payments.
If
an
employee
is
paid
weekly
compensation
benefits
for
temporary
total
disability
under
section
85.33,
subsection
1
,
for
a
healing
period
under
section
85.34,
subsection
1
,
or
for
temporary
partial
disability
under
section
85.33,
subsection
2
,
in
excess
of
that
required
by
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
85A
,
and
85B
,
and
86
,
the
excess
paid
by
the
employer
Senate
File
514,
p.
939
shall
be
credited
against
the
liability
of
the
employer
for
any
future
weekly
benefits
due
for
an
injury
to
that
employee,
provided
that
the
employer
or
the
employer’s
representative
has
acted
in
good
faith
in
determining
and
notifying
an
employee
when
the
temporary
total
disability,
healing
period,
or
temporary
partial
disability
benefits
are
terminated.
5.
Recovery
of
employee
overpayment.
If
an
employee
is
paid
any
weekly
benefits
in
excess
of
that
required
by
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
85A
,
and
85B
,
and
86
,
the
excess
paid
by
the
employer
shall
be
credited
against
the
liability
of
the
employer
for
any
future
weekly
benefits
due
pursuant
to
subsection
2
,
for
any
current
or
subsequent
injury
to
the
same
employee.
7.
Successive
disabilities.
An
employer
is
liable
for
compensating
only
that
portion
of
an
employee’s
disability
that
arises
out
of
and
in
the
course
of
the
employee’s
employment
with
the
employer
and
that
relates
to
the
injury
that
serves
as
the
basis
for
the
employee’s
claim
for
compensation
under
chapter
10A,
subchapter
III,
this
chapter
,
or
chapter
85A
,
or
85B
,
or
86
.
An
employer
is
not
liable
for
compensating
an
employee’s
preexisting
disability
that
arose
out
of
and
in
the
course
of
employment
from
a
prior
injury
with
the
employer,
to
the
extent
that
the
employee’s
preexisting
disability
has
already
been
compensated
under
chapter
10A,
subchapter
III,
this
chapter
,
or
chapter
85A
,
or
85B
,
or
86
.
An
employer
is
not
liable
for
compensating
an
employee’s
preexisting
disability
that
arose
out
of
and
in
the
course
of
employment
with
a
different
employer
or
from
causes
unrelated
to
employment.
Sec.
1745.
Section
85.35,
subsections
1
and
10,
Code
2023,
are
amended
to
read
as
follows:
1.
The
parties
to
a
contested
case
or
persons
who
are
involved
in
a
dispute
which
could
culminate
in
a
contested
case
may
enter
into
a
settlement
of
any
claim
arising
under
chapter
10A,
subchapter
III,
this
chapter
,
or
chapter
85A
,
or
85B
,
or
86
,
providing
for
disposition
of
the
claim.
The
settlement
shall
be
in
writing
on
forms
prescribed
by
the
workers’
compensation
commissioner
and
submitted
to
the
workers’
compensation
commissioner
for
approval.
10.
Approval
of
a
settlement
by
the
workers’
compensation
Senate
File
514,
p.
940
commissioner
is
binding
on
the
parties
and
shall
not
be
construed
as
an
original
proceeding.
Notwithstanding
any
provisions
of
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
85A
,
85B
,
86
,
and
87
,
an
approved
compromise
settlement
shall
constitute
a
final
bar
to
any
further
rights
arising
under
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
85A
,
85B
,
86
,
and
87
regarding
the
subject
matter
of
the
compromise
and
a
payment
made
pursuant
to
a
compromise
settlement
agreement
shall
not
be
construed
as
the
payment
of
weekly
compensation.
Sec.
1746.
Section
85.55,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
For
purposes
of
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
86
and
chapter
87
,
a
franchisor
shall
not
be
considered
to
be
an
employer
of
a
franchisee
or
of
an
employee
of
a
franchisee
unless
any
of
the
following
conditions
apply:
Sec.
1747.
Section
85.59,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
Responsibility
for
the
filings
required
by
chapter
86
chapter
10A,
subchapter
III,
for
injuries
resulting
in
permanent
disability
or
death
and
as
modified
by
this
section
shall
be
made
in
the
same
manner
as
for
other
employees
of
the
institution.
Sec.
1748.
Section
85.60,
Code
2023,
is
amended
to
read
as
follows:
85.60
Injuries
while
in
work-based
learning
opportunity,
employment
training,
or
evaluation.
A
person
participating
in
a
work-based
learning
opportunity
referred
to
in
section
85.61
,
or
receiving
earnings
while
engaged
in
employment
training
or
while
undergoing
an
employment
evaluation
under
the
direction
of
a
rehabilitation
facility
approved
for
purchase-of-service
contracts
or
for
referrals
by
the
department
of
human
services
or
the
department
of
education,
who
sustains
an
injury
arising
out
of
and
in
the
course
of
the
work-based
learning
opportunity
participation,
employment
training,
or
employment
evaluation
is
entitled
to
benefits
as
provided
in
chapter
10A,
subchapter
III,
this
chapter
,
chapter
85A
,
and
chapter
85B
,
and
chapter
86
.
Notwithstanding
the
minimum
benefit
provisions
of
this
chapter
,
a
person
referred
to
in
this
section
and
entitled
to
benefits
Senate
File
514,
p.
941
under
this
chapter
is
entitled
to
receive
a
minimum
weekly
benefit
amount
for
a
permanent
partial
disability
under
section
85.34,
subsection
2
,
or
for
a
permanent
total
disability
under
section
85.34,
subsection
3
,
equal
to
the
weekly
benefit
amount
of
a
person
whose
gross
weekly
earnings
are
thirty-five
percent
of
the
statewide
average
weekly
wage
computed
pursuant
to
section
96.3
and
in
effect
at
the
time
of
the
injury.
Sec.
1749.
Section
85.61,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
In
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
86
and
chapter
87
,
unless
the
context
otherwise
requires,
the
following
definitions
of
terms
shall
prevail:
Sec.
1750.
Section
85.61,
subsection
12,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
term
“worker”
or
“employee”
shall
include
the
singular
and
plural.
Any
reference
to
a
worker
or
employee
who
has
been
injured
shall,
when
such
worker
or
employee
is
dead,
include
the
worker’s
or
employee’s
dependents
as
defined
in
this
chapter
or
the
worker’s
or
employee’s
legal
representatives;
and
where
the
worker
or
employee
is
a
minor
or
incompetent,
it
shall
include
the
minor’s
or
incompetent
person’s
guardian,
next
friend,
or
trustee.
Notwithstanding
any
law
prohibiting
the
employment
of
minors,
all
minor
employees
shall
be
entitled
to
the
benefits
of
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
86
and
chapter
87
regardless
of
the
age
of
such
minor
employee.
Sec.
1751.
Section
85.70,
subsection
2,
paragraph
f,
Code
2023,
is
amended
to
read
as
follows:
f.
Beginning
on
or
before
December
1,
2018,
the
department
of
workforce
development,
in
cooperation
with
the
department
of
education,
the
workers’
compensation
division
of
the
department
of
inspections,
appeals,
and
licensing,
the
insurance
division
of
the
department
of
commerce,
and
all
community
colleges
that
are
participating
in
the
new
career
vocational
training
and
education
program,
shall
prepare
an
annual
report
for
submission
to
the
general
assembly
that
provides
information
about
the
status
of
the
program
including
but
not
limited
to
the
utilization
of
and
participants
in
the
program,
program
completion
rates,
employment
rates
after
completion
of
the
Senate
File
514,
p.
942
program
and
the
types
of
employment
obtained
by
the
program
participants,
and
the
effects
of
the
program
on
workers’
compensation
premium
rates.
Sec.
1752.
Section
85B.14,
Code
2023,
is
amended
to
read
as
follows:
85B.14
Applicable
chapters.
Chapters
Chapter
10A,
subchapter
III,
and
chapters
17A
,
and
85
,
and
86
,
so
far
as
applicable,
and
not
inconsistent
with
this
chapter
,
apply
in
cases
of
compensable
occupational
hearing
loss.
Sec.
1753.
Section
87.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Every
employer
subject
to
the
provisions
of
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
85
,
85A
,
and
85B
,
and
86
,
unless
relieved
as
hereinafter
provided
from
the
requirements
imposed
under
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
85
,
85A
,
and
85B
,
and
86
,
shall
insure
the
employer’s
liability
under
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
85
,
85A
,
and
85B
,
and
86
in
some
corporation,
association,
or
organization
approved
by
the
commissioner
of
insurance.
Sec.
1754.
Section
87.2,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
An
employer
coming
under
the
provisions
of
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
85
,
85A
,
and
85B
,
and
86
who
fails
to
comply
with
this
section
,
or
to
post
and
keep
the
above
notice
in
the
manner
and
form
required,
shall
be
guilty
of
a
simple
misdemeanor.
Sec.
1755.
Section
87.6,
Code
2023,
is
amended
to
read
as
follows:
87.6
Certificate
of
approval.
When
such
scheme
or
plan
is
approved
by
the
workers’
compensation
commissioner,
the
commissioner
shall
issue
a
certificate
to
that
effect,
whereupon
it
shall
be
legal
for
such
employer,
or
group
of
employers,
to
contract
with
any
or
all
of
the
workers
of
the
employer
or
group
of
employers
to
substitute
such
scheme
or
plan
for
the
provisions
relating
to
compensation
and
insurance
during
a
period
of
time
fixed
by
said
department
the
insurance
division
of
the
department
of
insurance
and
Senate
File
514,
p.
943
financial
services
.
Sec.
1756.
Section
87.11,
subsections
3
and
4,
Code
2023,
are
amended
to
read
as
follows:
3.
a.
If
an
employer
becomes
insolvent
and
a
debtor
under
11
U.S.C.,
on
or
after
January
1,
1990,
the
commissioner
of
insurance
may
request
of
the
workers’
compensation
commissioner
that
all
future
payments
of
workers’
compensation
weekly
benefits,
medical
expenses,
or
other
payments
pursuant
to
chapter
10A,
subchapter
III,
this
chapter
,
or
chapter
85
,
85A
,
or
85B
,
or
86
,
be
commuted
to
a
present
lump
sum.
The
workers’
compensation
commissioner
shall
fix
the
lump
sum
of
probable
future
medical
expenses
and
weekly
compensation
benefits,
or
other
benefits
payable
pursuant
to
chapter
10A,
subchapter
III,
this
chapter
,
or
chapter
85
,
85A
,
or
85B
,
or
86
,
capitalized
at
their
present
value
upon
the
basis
of
interest
at
the
rate
provided
in
section
535.3
for
court
judgments
and
decrees.
The
commissioner
of
insurance
shall
be
discharged
from
all
further
liability
for
the
commuted
workers’
compensation
claim
upon
payment
of
the
present
lump
sum
to
either
the
claimant,
or
a
licensed
insurer
for
purchase
of
an
annuity
or
other
periodic
payment
plan
for
the
benefit
of
the
claimant.
b.
The
commissioner
of
insurance
shall
not
be
required
to
pay
more
for
all
claims
of
an
insolvent
self-insured
employer
than
is
available
for
payment
of
such
claims
from
the
security
given
under
this
section
.
4.
Notwithstanding
contrary
provisions
of
section
85.45
,
any
future
payment
of
medical
expenses,
weekly
compensation
benefits,
or
other
payments
by
the
commissioner
of
insurance
from
the
security
given
under
this
section
,
pursuant
to
chapter
10A,
subchapter
III,
this
chapter
,
or
chapter
85
,
85A
,
or
85B
,
or
86
,
shall
be
deemed
an
undue
expense,
hardship,
or
inconvenience
upon
the
employer
for
purposes
of
a
full
commutation
pursuant
to
section
85.45,
subsection
1
,
paragraph
“b”
.
Sec.
1757.
Section
87.13,
Code
2023,
is
amended
to
read
as
follows:
87.13
Interpretative
clause.
All
provisions
in
chapter
10A,
subchapter
III,
and
chapters
85
,
85A
,
85B
,
86
,
and
this
chapter
relating
to
compensation
Senate
File
514,
p.
944
for
injuries
sustained
arising
out
of
and
in
the
course
of
employment
in
the
operation
of
coal
mines
or
production
of
coal
under
any
system
of
removing
coal
for
sale
are
exclusive,
compulsory
and
obligatory
upon
the
employer
and
employee
in
such
employment.
Sec.
1758.
Section
87.14A,
Code
2023,
is
amended
to
read
as
follows:
87.14A
Insurance
required.
An
employer
subject
to
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
85
,
85A
,
and
85B
,
and
86
shall
not
engage
in
business
without
first
obtaining
insurance
covering
compensation
benefits
or
obtaining
relief
from
insurance
as
provided
in
this
chapter
.
A
person
who
willfully
and
knowingly
violates
this
section
is
guilty
of
a
class
“D”
felony.
Sec.
1759.
Section
87.21,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Any
employer,
except
an
employer
with
respect
to
an
exempt
employee
under
section
85.1
,
who
has
failed
to
insure
the
employer’s
liability
in
one
of
the
ways
provided
in
this
chapter
,
unless
relieved
from
carrying
such
insurance
as
provided
in
section
87.11
,
is
liable
to
an
employee
for
a
personal
injury
in
the
course
of
and
arising
out
of
the
employment,
and
the
employee
may
enforce
the
liability
by
an
action
at
law
for
damages,
or
may
collect
compensation
as
provided
in
chapter
10A,
subchapter
III,
and
chapters
85
,
85A
,
and
85B
,
and
86
.
In
actions
by
the
employee
for
damages
under
this
section
,
the
following
rules
apply:
Sec.
1760.
Section
88.1,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Authorizing
the
labor
commissioner
to
set
mandatory
occupational
safety
and
health
standards
applicable
to
businesses,
and
by
providing
for
an
adjudicatory
process
through
the
employment
appeal
board
within
the
department
of
inspections
,
and
appeals
,
and
licensing
for
carrying
out
adjudicatory
functions
under
this
chapter
.
Sec.
1761.
Section
88.2,
subsections
1
and
4,
Code
2023,
are
amended
to
read
as
follows:
1.
The
labor
commissioner,
appointed
pursuant
to
section
91.2
,
and
the
division
of
labor
services
of
the
department
Senate
File
514,
p.
945
of
workforce
development
inspections,
appeals,
and
licensing
created
in
section
84A.1
10A.106
shall
administer
this
chapter
.
4.
Subject
to
the
approval
of
the
director
of
the
department
of
workforce
development
inspections,
appeals,
and
licensing
,
the
labor
commissioner
may
enter
into
contracts
with
any
state
agency,
with
or
without
reimbursement,
for
the
purpose
of
obtaining
the
services,
facilities,
and
personnel
of
the
agency,
and
with
the
consent
of
any
state
agency
or
any
political
subdivision
of
the
state,
accept
and
use
the
services,
facilities,
and
personnel
of
the
agency
or
political
subdivision,
and
employ
experts
and
consultants
or
organizations,
in
order
to
expeditiously,
efficiently,
and
economically
effectuate
the
purposes
of
this
chapter
.
The
agreements
under
this
subsection
are
subject
to
approval
of
the
executive
council
if
approval
is
required
by
law.
Sec.
1762.
Section
88A.1,
subsections
4
and
6,
Code
2023,
are
amended
by
striking
the
subsections.
Sec.
1763.
Section
88A.1,
Code
2023,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
6A.
“Department”
means
the
department
of
inspections,
appeals,
and
licensing.
NEW
SUBSECTION
.
6B.
“Director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing.
Sec.
1764.
Section
88A.2,
Code
2023,
is
amended
to
read
as
follows:
88A.2
Permit
required.
1.
No
amusement
device
or
ride,
concession
booth,
or
any
related
electrical
equipment
shall
be
operated
at
a
carnival
or
fair
in
this
state
without
a
permit
having
been
issued
by
the
commissioner
director
to
an
operator
of
such
equipment.
On
or
before
the
first
of
May
of
each
year,
any
person
required
to
obtain
a
permit
by
this
chapter
shall
apply
to
the
division
department
for
a
permit
on
a
form
furnished
by
the
commissioner
director
which
form
shall
contain
such
information
as
the
commissioner
director
may
require.
The
commissioner
director
may
waive
the
requirement
that
an
application
for
a
permit
must
be
filed
on
or
before
the
first
of
May
of
each
year
if
the
applicant
gives
satisfactory
proof
to
the
commissioner
director
that
the
applicant
could
not
reasonably
comply
with
Senate
File
514,
p.
946
the
date
requirement
and
if
the
applicant
immediately
applies
for
a
permit
after
the
need
for
a
permit
is
first
determined.
For
the
purpose
of
determining
if
an
amusement
ride,
amusement
device,
concession
booth,
or
any
related
electrical
equipment
is
in
safe
operating
condition
and
will
provide
protection
to
the
public
using
such
ride,
device,
booth,
or
related
electrical
equipment,
each
amusement
ride,
amusement
device,
concession
booth,
or
related
electrical
equipment
shall
be
inspected
by
the
commissioner
director
before
it
is
initially
placed
in
operation
in
this
state,
and
shall
thereafter
be
inspected
at
least
once
each
year.
2.
If,
after
inspection,
an
amusement
device
or
ride,
concession
booth,
or
related
electrical
equipment
is
found
to
comply
with
the
rules
adopted
under
this
chapter
,
the
commissioner
director
shall,
upon
payment
of
the
permit
fee
and
the
inspection
fee,
permit
the
operation
of
the
amusement
device
or
ride
or
concession
booth
or
to
use
any
related
electrical
equipment.
3.
If,
after
inspection,
additions
or
alterations
are
contemplated
which
change
a
structure,
mechanism,
classification,
or
capacity,
the
operator
shall
notify
the
commissioner
director
of
the
operator’s
intentions
in
writing
and
provide
any
plans
or
diagrams
requested
by
the
commissioner
director
.
Sec.
1765.
Section
88A.3,
Code
2023,
is
amended
to
read
as
follows:
88A.3
Rules.
1.
The
commissioner
director
shall
adopt
rules
pursuant
to
chapter
17A
for
the
safe
installation,
repair,
maintenance,
use,
operation,
and
inspection
of
amusement
devices,
amusement
rides,
concession
booths,
and
related
electrical
equipment
at
carnivals
and
fairs
to
the
extent
necessary
for
the
protection
of
the
public.
The
rules
shall
be
based
on
generally
accepted
engineering
standards
and
shall
be
concerned
with,
but
not
necessarily
limited
to,
engineering
force
stresses,
safety
devices,
and
preventive
maintenance.
If
standards
are
available
in
suitable
form,
the
standards
may
be
incorporated
by
reference.
The
rules
shall
provide
for
the
reporting
of
accidents
and
injuries
incurred
from
the
operation
of
amusement
Senate
File
514,
p.
947
devices
or
rides,
concession
booths,
or
related
electrical
equipment.
2.
The
commissioner
director
may
modify
or
repeal
any
rule
adopted
under
the
provisions
of
this
chapter
.
Sec.
1766.
Section
88A.5,
Code
2023,
is
amended
to
read
as
follows:
88A.5
Fees
to
general
fund.
All
fees
collected
by
the
division
department
under
the
provisions
of
this
chapter
shall
be
transmitted
to
the
treasurer
of
state
and
credited
by
the
treasurer
to
the
general
fund
of
the
state.
Sec.
1767.
Section
88A.6,
Code
2023,
is
amended
to
read
as
follows:
88A.6
Personnel.
The
commissioner
director
may
employ
inspectors
and
any
other
personnel
deemed
necessary
to
carry
out
the
provisions
of
this
chapter
,
subject
to
the
provisions
of
chapter
8A,
subchapter
IV
.
Sec.
1768.
Section
88A.7,
Code
2023,
is
amended
to
read
as
follows:
88A.7
Cessation
order.
The
commissioner
director
may
order,
in
writing,
a
temporary
cessation
of
operation
of
any
amusement
device
or
ride,
concession
booth,
or
related
electrical
equipment
if
it
has
been
determined
after
inspection
to
be
hazardous
or
unsafe.
Operation
of
the
amusement
device
or
ride,
concession
booth
or
related
electrical
equipment
shall
not
resume
until
the
unsafe
or
hazardous
condition
is
corrected
to
the
satisfaction
of
the
commissioner
director
.
Sec.
1769.
Section
88A.8,
Code
2023,
is
amended
to
read
as
follows:
88A.8
Judicial
review.
Judicial
review
of
action
of
the
commissioner
director
may
be
sought
in
accordance
with
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
.
Sec.
1770.
Section
88A.10,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
Any
person
who
operates
an
amusement
device
or
ride,
concession
booth
or
related
electrical
equipment
at
a
carnival
or
fair
without
having
obtained
a
permit
from
the
commissioner
Senate
File
514,
p.
948
director
or
who
violates
any
order
or
rule
issued
by
the
commissioner
director
under
this
chapter
is
guilty
of
a
serious
misdemeanor.
2.
A
person
who
interferes
with,
impedes,
or
obstructs
in
any
manner
the
commissioner
director
in
the
performance
of
the
commissioner’s
director’s
duties
under
this
chapter
is
guilty
of
a
simple
misdemeanor.
A
person
who
bribes
or
attempts
to
bribe
the
commissioner
director
is
subject
to
section
722.1
.
Sec.
1771.
Section
88A.11,
subsections
3
and
4,
Code
2023,
are
amended
to
read
as
follows:
3.
The
commissioner
director
may
exempt
amusement
devices
from
the
provisions
of
this
chapter
that
have
self-contained
wiring
installed
by
the
manufacturer,
that
are
operated
manually
by
the
use
of
hands
or
feet,
that
operate
on
less
than
one
hundred
twenty
volts
of
electrical
power,
and
that
are
fixtures
or
appliances
within
or
part
of
a
structure
subject
to
the
building
code
of
this
state
or
any
political
subdivision
of
this
state.
4.
The
commissioner
director
may
exempt
playground
equipment
owned,
maintained,
and
operated
by
any
political
subdivision
of
this
state.
Sec.
1772.
Section
88A.13,
Code
2023,
is
amended
to
read
as
follows:
88A.13
Waiver
of
inspection.
The
commissioner
director
may
waive
the
requirement
that
an
amusement
device
or
ride
or
any
part
thereof
be
inspected
before
being
operated
in
this
state
if
an
operator
gives
satisfactory
proof
to
the
commissioner
director
that
the
amusement
device
or
ride
or
any
part
thereof
has
passed
an
inspection
conducted
by
a
public
or
private
agency
whose
inspection
standards
and
requirements
are
at
least
equal
to
those
requirements
and
standards
established
by
the
commissioner
director
under
the
provisions
of
this
chapter
.
The
annual
permit
and
inspection
fees
shall
be
paid
before
the
commissioner
director
may
waive
this
requirement.
Sec.
1773.
Section
88A.14,
Code
2023,
is
amended
to
read
as
follows:
88A.14
Injunction.
In
addition
to
any
and
all
other
remedies,
if
an
owner,
Senate
File
514,
p.
949
operator,
or
person
in
charge
of
any
amusement
device
or
ride,
concession
booth,
or
related
electrical
equipment
covered
by
this
chapter
,
continues
to
operate
any
amusement
device
or
ride,
concession
booth,
or
related
electrical
equipment
covered
by
this
chapter
,
after
receiving
a
notice
of
defect
as
provided
by
this
chapter
,
without
first
correcting
the
defects
or
making
replacements,
the
commissioner
director
may
petition
the
district
court
in
equity,
in
an
action
brought
in
the
name
of
the
state,
for
a
writ
of
injunction
to
restrain
the
use
of
the
alleged
defective
amusement
device
or
ride,
concession
booth,
or
related
electrical
equipment.
Sec.
1774.
Section
88B.1,
subsections
3
and
4,
Code
2023,
are
amended
by
striking
the
subsections
and
inserting
in
lieu
thereof
the
following:
3.
“Department”
means
the
department
of
inspections,
appeals,
and
licensing.
4.
“Director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing.
Sec.
1775.
Section
88B.1,
subsections
5
and
6,
Code
2023,
are
amended
to
read
as
follows:
5.
“License”
means
an
authorization
issued
by
the
division
department
permitting
an
individual
person,
including
a
supervisor
or
contractor,
to
work
on
an
asbestos
project,
to
inspect
buildings
for
asbestos-containing
building
materials,
to
develop
management
plans,
and
to
act
as
an
asbestos
project
designer.
6.
“Permit”
means
an
authorization
issued
by
the
division
department
permitting
a
business
entity
to
remove
or
encapsulate
asbestos.
Sec.
1776.
Section
88B.3,
Code
2023,
is
amended
to
read
as
follows:
88B.3
Administration
——
rules
——
fees
——
inspections.
1.
The
commissioner
director
shall
administer
this
chapter
.
2.
The
commissioner
director
shall
adopt,
in
accordance
with
chapter
17A
,
rules
necessary
to
carry
out
the
provisions
of
this
chapter
.
3.
The
commissioner
director
shall
prescribe
fees
for
the
issuance
and
renewal
of
licenses
and
permits.
The
fees
shall
be
based
on
the
costs
of
licensing,
permitting,
and
Senate
File
514,
p.
950
administering
this
chapter
,
including
time
spent
by
personnel
of
the
division
department
in
performing
duties
and
any
travel
expenses
incurred.
All
fees
provided
for
in
this
chapter
shall
be
collected
by
the
commissioner
director
and
remitted
to
the
treasurer
of
state
for
deposit
in
the
general
fund
of
the
state.
4.
At
least
once
a
year,
during
an
actual
asbestos
project,
the
division
department
shall
conduct
an
on-site
inspection
of
each
permittee’s
procedures
for
removing
and
encapsulating
asbestos.
Sec.
1777.
Section
88B.3A,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
To
qualify
for
a
permit,
a
business
entity
shall
submit
an
application
to
the
division
department
in
the
form
required
by
the
division
department
and
pay
the
prescribed
fee.
Sec.
1778.
Section
88B.4,
Code
2023,
is
amended
to
read
as
follows:
88B.4
Permit
——
term,
renewal,
and
records
required.
1.
A
permit
expires
on
the
first
anniversary
of
its
effective
date,
unless
it
is
renewed
for
a
one-year
term
as
provided
in
this
section
.
2.
At
least
one
month
before
the
permit
expires,
the
division
department
shall
send
to
the
permittee,
at
the
last
known
address
of
the
permittee,
a
renewal
notice
that
states
all
of
the
following:
a.
The
date
on
which
the
current
permit
expires.
b.
The
date
by
which
the
renewal
application
must
be
received
by
the
division
department
for
the
renewal
to
be
issued
and
mailed
before
the
permit
expires.
c.
The
amount
of
the
renewal
fee.
3.
Before
the
permit
expires,
the
permittee
may
renew
it
for
an
additional
one-year
term,
if
the
business
entity
meets
the
following
conditions:
a.
Is
otherwise
entitled
to
a
permit.
b.
Submits
a
renewal
application
to
the
division
department
in
the
form
required
by
the
division
department
.
c.
Pays
the
renewal
fee
prescribed
by
the
division
department
.
4.
The
permittee
shall
keep
a
record
of
each
asbestos
project
it
performs
and
shall
make
the
record
available
to
the
Senate
File
514,
p.
951
division
department
at
any
reasonable
time.
Records
shall
contain
information
and
be
kept
for
a
time
prescribed
in
rules
adopted
by
the
division
department
.
Sec.
1779.
Section
88B.5,
Code
2023,
is
amended
to
read
as
follows:
88B.5
Waivers
and
alternative
procedures.
1.
In
an
emergency
that
results
from
a
sudden,
unexpected
event
that
is
not
a
planned
renovation
or
demolition,
the
commissioner
director
may
waive
the
requirement
for
a
permit.
2.
If
the
business
entity
is
not
primarily
engaged
in
the
removal
or
encapsulation
of
asbestos,
the
commissioner
director
may
waive
the
requirement
for
a
permit
if
worker
protection
requirements
are
met.
3.
The
division
department
shall
not
approve
any
waivers
on
work
conducted
at
a
school,
public,
or
commercial
building
unless
the
request
is
accompanied
by
a
recommendation
from
an
asbestos
project
designer.
Sec.
1780.
Section
88B.6,
subsection
1,
paragraphs
a
and
b,
Code
2023,
are
amended
to
read
as
follows:
a.
To
apply
for
a
license,
an
individual
shall
submit
an
application
to
the
division
department
in
the
form
required
by
the
division
department
and
shall
pay
the
prescribed
fee.
b.
The
application
shall
include
information
prescribed
by
rules
adopted
by
the
commissioner
director
.
Sec.
1781.
Section
88B.6,
subsection
2,
paragraph
a,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
An
individual
is
not
eligible
to
be
or
do
any
of
the
following
unless
the
person
obtains
a
license
from
the
division
department
:
Sec.
1782.
Section
88B.6,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
To
qualify
for
a
license,
the
applicant
must
have
successfully
completed
training
as
established
by
the
United
States
environmental
protection
agency,
paid
a
fee,
and
met
other
requirements
as
specified
by
the
division
department
by
rule.
Sec.
1783.
Section
88B.8,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
952
The
division
department
may
deny,
suspend,
or
revoke
a
permit
or
license,
in
accordance
with
chapter
17A
,
if
the
permittee
or
licensee
does
any
of
the
following:
Sec.
1784.
Section
88B.8,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Fails
at
any
time
to
meet
the
qualifications
for
a
permit
or
license
or
to
comply
with
a
rule
adopted
by
the
commissioner
director
under
this
chapter
.
Sec.
1785.
Section
88B.11,
Code
2023,
is
amended
to
read
as
follows:
88B.11
Bids
for
governmental
projects.
A
state
agency
or
political
subdivision
shall
not
accept
a
bid
in
connection
with
any
asbestos
project
from
a
business
entity
that
does
not
hold
a
permit
from
the
division
department
at
the
time
the
bid
is
submitted,
unless
the
business
entity
provides
the
state
agency
or
political
subdivision
with
written
proof
that
ensures
that
the
business
entity
has
contracted
to
have
the
asbestos
removal
or
encapsulation
performed
by
a
licensed
asbestos
contractor.
Sec.
1786.
Section
89.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
labor
commissioner
director
shall
enforce
the
provisions
of
this
chapter
and
may
employ
qualified
personnel
under
the
provisions
of
chapter
8A,
subchapter
IV
,
to
administer
the
provisions
of
this
chapter
.
Sec.
1787.
Section
89.2,
subsection
4,
Code
2023,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
4.
“Department”
means
the
department
of
inspections,
appeals,
and
licensing.
Sec.
1788.
Section
89.2,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4A.
“Director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing.
Sec.
1789.
Section
89.2,
subsection
9,
Code
2023,
is
amended
to
read
as
follows:
9.
“Special
inspector”
means
an
inspector
who
holds
a
commission
from
the
commissioner
director
and
who
is
not
a
state
employee.
Senate
File
514,
p.
953
Sec.
1790.
Section
89.3,
Code
2023,
is
amended
to
read
as
follows:
89.3
Inspection
made.
1.
It
shall
be
the
duty
of
the
commissioner
director
to
inspect
or
cause
to
be
inspected
internally
and
externally,
at
least
once
every
twelve
months,
except
as
otherwise
provided
in
this
section
,
in
order
to
determine
whether
all
such
equipment
is
in
a
safe
and
satisfactory
condition,
and
properly
constructed
and
maintained
for
the
purpose
for
which
it
is
used,
all
boilers
and
unfired
steam
pressure
vessels
operating
in
excess
of
fifteen
pounds
per
square
inch,
all
low
pressure
heating
boilers
and
unfired
steam
pressure
vessels
located
in
places
of
public
assembly
and
other
appurtenances
used
in
this
state
for
generating
or
transmitting
steam
for
power,
or
for
using
steam
under
pressure
for
heating
or
steaming
purposes.
2.
The
commissioner
director
may
enter
any
building
or
structure,
public
or
private,
for
the
purpose
of
inspecting
any
equipment
covered
by
this
chapter
or
gathering
information
with
reference
thereto.
3.
The
commissioner
may
inspect
boilers
and
tanks
and
other
equipment
stamped
with
the
American
society
of
mechanical
engineers
code
symbol
for
other
than
steam
pressure,
manufactured
in
Iowa,
when
requested
by
the
manufacturer.
4.
a.
An
object
that
meets
all
of
the
following
criteria
shall
be
inspected
at
least
once
every
two
years
internally
and
externally
while
not
under
pressure,
and
at
least
once
every
two
years
externally
while
under
pressure,
unless
the
commissioner
director
determines
that
an
earlier
inspection
is
warranted:
(1)
The
object
is
a
boiler
with
one
hundred
thousand
pounds
per
hour
or
more
capacity,
or
the
object
is
an
unfired
steam
pressure
vessel
or
a
regulated
appurtenance
that
is
part
of
the
same
system
as
a
boiler
with
one
hundred
thousand
pounds
per
hour
or
more
capacity.
(2)
The
object
contains
only
water
subject
to
internal
continuous
water
treatment
under
the
direct
supervision
of
a
graduate
engineer
or
chemist,
or
one
having
equivalent
experience
in
the
treatment
of
boiler
water.
(3)
The
water
treatment
is
for
the
purpose
of
controlling
and
limiting
serious
corrosion
and
other
deteriorating
factors.
Senate
File
514,
p.
954
b.
The
owner
or
user
of
an
object
meeting
the
criteria
in
paragraph
“a”
shall
do
the
following:
(1)
At
any
time
the
commissioner
director
,
a
special
inspector,
or
the
supervisor
of
water
treatment
deems
a
hydrostatic
test
is
necessary
to
determine
the
safety
of
an
object,
conduct
the
test
under
the
supervision
of
the
commissioner
director
.
(2)
Keep
available
for
examination
by
the
commissioner
director
accurate
records
showing
the
date
and
actual
time
the
object
is
out
of
service
and
the
reason
it
is
out
of
service.
(3)
Keep
available
for
examination
by
the
commissioner
director
chemical
physical
laboratory
analyses
of
samples
of
the
object
water
taken
at
regular
intervals
of
not
more
than
forty-eight
hours
of
operation
as
will
adequately
show
the
condition
of
the
water
and
any
elements
or
characteristics
of
the
water
which
are
capable
of
producing
corrosion
or
other
deterioration
of
the
object
or
its
parts.
5.
a.
An
object
that
meets
all
of
the
following
criteria
shall
be
inspected
at
least
once
each
year
externally
while
under
pressure
and
at
least
once
every
four
years
internally
while
not
under
pressure,
unless
the
commissioner
director
determines
an
earlier
inspection
is
warranted:
(1)
The
object
is
a
boiler
with
one
hundred
thousand
pounds
per
hour
or
more
capacity,
or
the
object
is
an
unfired
steam
pressure
vessel
or
a
regulated
appurtenance
that
is
part
of
the
same
system
as
a
boiler
with
one
hundred
thousand
pounds
per
hour
or
more
capacity.
(2)
The
object
contains
only
water
subject
to
internal
continuous
water
treatment
under
the
direct
supervision
of
a
graduate
engineer
or
chemist,
or
one
having
equivalent
experience
in
the
treatment
of
boiler
water.
(3)
The
water
treatment
is
for
the
purpose
of
controlling
and
limiting
serious
corrosion
and
other
deteriorating
factors.
(4)
Either
of
the
following:
(a)
The
owner
or
user
is
a
participant
in
good
standing
in
the
Iowa
occupational
safety
and
health
voluntary
protection
program
and
has
achieved
star
status
within
the
program,
which
is
administered
by
the
division
of
labor
services
in
the
department
of
workforce
development
inspections,
appeals,
and
Senate
File
514,
p.
955
licensing
.
(b)
The
object
is
an
unfired
steam
pressure
vessel
and
is
part
of
or
integral
to
the
continuous
operation
of
a
process
covered
by
and
compliant
with
the
occupational
safety
and
health
administration
process
safety
management
standard
contained
in
29
C.F.R.
§1910.119
and
the
owner
demonstrates
such
compliance
to
a
special
inspector
or
the
commissioner
director
.
The
unfired
steam
pressure
vessel
must
also
be
included
as
process
safety
management
process
equipment
in
the
owner
of
the
unfired
steam
pressure
vessel’s
process
safety
management
program.
b.
The
owner
or
user
of
an
object
that
meets
the
criteria
in
paragraph
“a”
shall
do
the
following:
(1)
At
any
time
the
commissioner
director
,
a
special
inspector,
or
the
supervisor
of
the
water
treatment
deems
a
hydrostatic
test
necessary
to
determine
the
safety
of
an
object,
conduct
the
test
under
the
supervision
of
the
commissioner
director
.
(2)
Keep
available
for
examination
by
the
commissioner
director
accurate
records
showing
the
date
and
actual
time
the
object
is
out
of
service
and
the
reason
it
is
out
of
service.
(3)
Arrange
for
an
internal
inspection
of
the
object
during
each
planned
outage
by
a
special
inspector
or
the
commissioner
director
.
(4)
Keep
for
examination
by
the
commissioner
director
accurate
records
showing
the
chemical
physical
laboratory
analyses
of
samples
of
the
object’s
water
taken
at
regular
intervals
of
not
more
than
forty-eight
hours
of
operation
adequate
to
show
the
condition
of
the
water
and
any
elements
or
characteristics
of
the
water
that
are
capable
of
producing
corrosion
or
other
deterioration
of
the
object
or
its
parts.
6.
Internal
inspections
of
cast
aluminum
steam,
cast
aluminum
hot
water
heating,
sectional
cast
iron
steam,
and
cast
iron
hot
water
heating
boilers
shall
be
conducted
only
as
deemed
necessary
by
the
commissioner
director
.
External
operating
inspections
shall
be
conducted
annually.
7.
Internal
inspections
of
steel
hot
water
boilers
shall
be
conducted
once
every
six
years.
External
operating
inspections
shall
be
conducted
annually
in
years
other
than
the
year
in
which
internal
inspections
are
conducted.
Senate
File
514,
p.
956
8.
Inspections
of
unfired
steam
pressure
vessels
operating
in
excess
of
fifteen
pounds
per
square
inch
and
low
pressure
steam
boilers
shall
be
conducted
at
least
once
each
calendar
year.
The
inspections
conducted
within
each
two-year
period
shall
include
an
external
inspection
conducted
while
the
boiler
is
operating
and
an
internal
inspection,
where
construction
permits.
No
more
than
one
inspection
shall
be
conducted
per
six-month
period.
An
internal
inspection
of
an
unfired
steam
pressure
vessel
or
low
pressure
steam
boiler
may
be
required
at
any
time
by
the
commissioner
director
upon
the
observation
by
an
inspector
of
conditions,
enumerated
by
the
commissioner
director
through
rules,
warranting
an
internal
inspection.
If
a
low
pressure
steam
boiler
is
in
dry
lay-up,
an
internal
inspection
shall
be
conducted
in
lieu
of
an
external
inspection.
For
purposes
of
this
subsection
,
“dry
lay-up”
means
a
process
whereby
a
boiler
is
taken
out
of
service
for
a
period
of
six
months
or
longer,
drained,
dried,
and
cleaned,
and
measures
to
prevent
corrosion
are
performed
on
the
boiler.
9.
An
internal
inspection
shall
not
be
required
on
an
unfired
steam
pressure
vessel
that
was
manufactured
without
an
inspection
opening.
10.
An
exhibition
boiler
does
not
require
an
annual
inspection
certificate
but
special
inspections
may
be
requested
by
the
owner
or
an
event’s
management
to
be
performed
by
the
commissioner
director
.
Upon
the
completion
of
an
exhibition
boiler
inspection
a
written
condition
report
shall
be
prepared
by
the
commissioner
director
regarding
the
condition
of
the
exhibition
boiler’s
boiler
or
pressure
vessel.
This
report
will
be
issued
to
the
owner
and
the
management
of
all
events
at
which
the
exhibition
boiler
is
to
be
operated.
The
event’s
management
is
responsible
for
the
decision
on
whether
the
exhibition
boiler
should
be
operated
and
shall
inform
the
division
of
labor
services
department
of
the
event’s
management’s
decision.
The
event’s
management
is
responsible
for
any
injuries
which
result
from
the
operation
of
any
exhibition
boiler
approved
for
use
at
the
event
by
the
event’s
management.
A
repair
symbol,
known
as
the
“R”
stamp,
is
not
required
for
repairs
made
to
exhibition
boilers
pursuant
to
the
rules
regarding
inspections
and
repair
of
exhibition
boilers
as
adopted
by
the
commissioner
director
,
Senate
File
514,
p.
957
pursuant
to
chapter
17A
.
11.
An
inspection
report
created
pursuant
to
this
chapter
that
requires
modification,
alteration,
or
change
shall
be
in
writing
and
shall
cite
the
state
law
or
rule
or
the
ASME
code
section
allegedly
violated.
Sec.
1791.
Section
89.4,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Unfired
steam
pressure
vessels
not
exceeding
the
following
limitations
are
not
required
to
be
reported
to
the
commissioner
director
and
shall
be
exempt
from
regular
inspection
under
provisions
of
this
chapter
:
Sec.
1792.
Section
89.5,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
The
commissioner
director
shall
investigate
and
record
the
cause
of
any
boiler
explosion
that
may
occur
in
the
state,
the
loss
of
life,
injuries
sustained,
and
estimated
loss
of
property,
if
any;
and
such
other
data
as
may
be
of
benefit
in
preventing
a
recurrence
of
similar
explosions.
2.
The
commissioner
director
shall
keep
a
complete
and
accurate
record
of
the
name
of
the
owner
or
user
of
each
steam
boiler
or
other
equipment
subject
to
this
chapter
,
giving
a
full
description
of
the
equipment,
including
the
type,
dimensions,
age,
condition,
the
amount
of
pressure
allowed,
and
the
date
when
last
inspected.
Sec.
1793.
Section
89.6,
Code
2023,
is
amended
to
read
as
follows:
89.6
Notice
to
commissioner
director
.
1.
Before
any
equipment
included
under
the
provisions
of
this
chapter
is
installed
by
any
owner,
user,
or
lessee
thereof,
a
ten
days’
written
notice
of
intention
to
install
the
equipment
shall
be
given
to
the
commissioner
director
.
The
notice
shall
designate
the
proposed
place
of
installation,
the
type
and
capacity
of
the
equipment,
the
use
to
be
made
thereof,
the
name
of
the
company
which
manufactured
the
equipment,
and
whether
the
equipment
is
new
or
used.
2.
Before
any
power
boiler
is
converted
to
a
low
pressure
boiler,
the
owner
or
user
shall
give
to
the
commissioner
director
ten
days’
written
notice
of
intent
to
convert
the
boiler.
The
notice
shall
designate
the
boiler
location,
the
Senate
File
514,
p.
958
uses
of
the
building,
and
other
information
specified
by
rule
by
the
board.
Sec.
1794.
Section
89.7,
Code
2023,
is
amended
to
read
as
follows:
89.7
Special
inspectors.
1.
The
inspection
required
by
this
chapter
shall
not
be
made
by
the
commissioner
director
if
an
owner
or
user
of
equipment
specified
by
this
chapter
obtains
an
inspection
by
a
representative
of
a
reputable
insurance
company
and
obtains
a
policy
of
insurance
upon
the
equipment
from
that
insurance
company.
2.
The
representative
conducting
the
inspection
shall
be
commissioned
by
the
commissioner
director
as
a
special
inspector
for
the
year
during
which
the
inspection
occurs
and
shall
meet
such
other
requirements
as
the
commissioner
director
may
by
rule
establish.
The
commission
shall
be
valid
for
one
year
and
the
special
inspector
shall
pay
a
fee
for
the
issuance
of
the
commission.
The
commissioner
director
shall
establish
the
amount
of
the
fee
by
rule.
The
commissioner
director
shall
establish
rules
for
the
issuance
and
revocation
of
special
inspector
commissions.
The
rules
are
subject
to
the
requirements
of
chapter
17A
.
3.
The
insurance
company
shall
file
a
notice
of
insurance
coverage
on
forms
approved
by
the
commissioner
director
stating
that
the
equipment
is
insured
and
that
inspection
shall
be
made
in
accordance
with
section
89.3
.
4.
The
special
inspector
shall
provide
the
user
and
the
commissioner
director
with
an
inspection
report
including
the
nature
and
extent
of
all
defects
and
violations,
in
a
format
approved
by
the
labor
commissioner
director
.
5.
The
failure
of
a
special
inspector
to
inform
the
commissioner
director
of
violations
shall
not
subject
the
commissioner
director
to
liability
for
any
damages
incurred.
Sec.
1795.
Section
89.7A,
Code
2023,
is
amended
to
read
as
follows:
89.7A
Certificates.
1.
The
commissioner
director
shall
issue
a
certificate
of
inspection
valid
for
the
period
specified
in
section
89.3
after
the
payment
of
a
fee,
the
filing
of
an
inspection
report,
and
Senate
File
514,
p.
959
the
correction
or
other
appropriate
resolution
of
any
defects
identified
in
the
inspection
report.
The
certificate
shall
be
posted
at
a
place
near
the
location
of
the
equipment.
2.
The
owner
or
user
of
any
equipment
covered
in
this
chapter
,
or
persons
in
charge
of
such
equipment,
shall
not
allow
or
permit
a
greater
pressure
in
any
unit
than
is
stated
in
the
certificate
of
inspection
issued
by
the
commissioner
director
.
3.
The
commissioner
director
shall
indicate
to
the
user
whether
or
not
the
equipment
may
be
used
without
making
repair
or
replacement
of
defective
parts,
or
whether
or
how
the
equipment
may
be
used
in
a
limited
capacity
before
repairs
or
replacements
are
made,
and
the
commissioner
director
may
permit
the
user
a
reasonable
time
to
make
such
repairs
or
replacements.
Sec.
1796.
Section
89.8,
Code
2023,
is
amended
to
read
as
follows:
89.8
Boiler
and
pressure
vessel
safety
fund
——
fees
appropriated.
A
boiler
and
pressure
vessel
safety
revolving
fund
is
created
within
the
state
treasury
under
the
control
of
the
commissioner
director
and
shall
consist
of
moneys
collected
by
the
commissioner
director
as
fees.
Moneys
in
the
fund
are
appropriated
and
shall
be
used
by
the
commissioner
director
to
pay
the
actual
costs
and
expenses
necessary
to
operate
the
board
and
administer
the
provisions
of
this
chapter
.
All
salaries
and
expenses
properly
chargeable
to
the
fund
shall
be
paid
from
the
fund.
Section
8.33
does
not
apply
to
any
moneys
in
the
fund.
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
earnings
on
moneys
deposited
in
the
fund
shall
be
credited
to
the
fund.
Sec.
1797.
Section
89.9,
Code
2023,
is
amended
to
read
as
follows:
89.9
Disposal
of
fees.
All
fees
provided
for
in
this
chapter
shall
be
collected
by
the
commissioner
director
and
remitted
to
the
treasurer
of
state,
to
be
deposited
in
the
boiler
and
pressure
vessel
safety
fund
pursuant
to
section
89.8
,
together
with
an
itemized
statement
showing
the
source
of
collection.
Sec.
1798.
Section
89.11,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
960
89.11
Injunction.
1.
In
addition
to
all
other
remedies,
if
any
owner,
user,
or
person
in
charge
of
any
equipment
covered
by
this
chapter
continues
to
use
any
equipment
covered
by
this
chapter
,
after
receiving
an
inspection
report
identifying
defects
and
exhausting
appeal
rights
as
provided
by
this
chapter
without
first
correcting
the
defects
or
making
replacements,
the
commissioner
director
may
apply
to
the
district
court
by
petition
in
equity,
in
an
action
brought
in
the
name
of
the
state,
for
a
writ
of
injunction
to
restrain
the
use
of
the
alleged
defective
equipment.
2.
If
the
commissioner
director
believes
that
the
continued
operation
of
equipment
constitutes
an
imminent
danger
that
could
seriously
injure
or
cause
death
to
any
person,
in
addition
to
all
other
remedies,
the
commissioner
director
may
apply
to
the
district
court
in
the
county
in
which
the
imminently
dangerous
condition
exists
for
a
temporary
order
to
enjoin
the
owner,
user,
or
person
in
charge
from
operating
the
equipment
before
the
owner’s,
user’s,
or
person’s
rights
to
administrative
appeals
have
been
exhausted.
Sec.
1799.
Section
89.12,
Code
2023,
is
amended
to
read
as
follows:
89.12
Hearing
——
notice
——
decree.
The
commissioner
director
shall
notify
in
writing
the
owner
or
user
of
the
equipment
of
the
time
and
place
of
hearing
of
the
petition
as
fixed
by
the
court
or
judge,
and
shall
serve
the
notice
on
the
defendant
at
least
five
days
prior
to
the
hearing
in
the
same
manner
as
original
notices
are
served.
The
general
provisions
relating
to
civil
practice
and
procedure
as
may
be
applicable,
shall
govern
the
proceedings,
except
as
herein
modified.
In
the
event
the
defendant
does
not
appear
or
plead
to
the
action,
default
shall
be
entered
against
the
defendant.
The
action
shall
be
tried
in
equity,
and
the
court
or
judge
shall
make
such
order
or
decree
as
the
evidence
warrants.
Sec.
1800.
Section
89.13,
Code
2023,
is
amended
to
read
as
follows:
89.13
Civil
penalty
allowed.
If
upon
notice
and
hearing
the
commissioner
director
determines
that
an
owner
has
operated
a
facility
in
violation
Senate
File
514,
p.
961
of
a
safety
order,
the
commissioner
director
may
assess
a
civil
penalty
against
the
owner
in
an
amount
not
exceeding
five
hundred
dollars,
as
determined
by
the
commissioner
director
.
An
order
assessing
a
civil
penalty
is
subject
to
appeal
to
the
employment
appeal
board
and
to
judicial
review.
The
commissioner
director
may
commence
an
action
in
the
district
court
to
enforce
payment
of
a
civil
penalty.
Revenue
from
the
penalty
provided
in
this
section
shall
be
remitted
to
the
treasurer
of
state
for
deposit
in
the
general
fund
of
the
state.
Sec.
1801.
Section
89.14,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
boiler
and
pressure
vessel
board
is
created
within
the
division
of
labor
services
of
the
department
of
workforce
development
to
formulate
definitions
and
rules
requirements
for
the
safe
and
proper
installation,
repair,
maintenance,
alteration,
use,
and
operation
of
boilers
and
pressure
vessels
in
this
state.
Sec.
1802.
Section
89.14,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
commissioner
director
or
the
commissioner’s
director’s
designee.
Sec.
1803.
Section
89.14,
subsections
4,
6,
and
8,
Code
2023,
are
amended
to
read
as
follows:
4.
The
members
of
the
board
shall
select
a
chairperson,
vice
chairperson,
and
secretary
from
their
membership.
However,
neither
the
commissioner
director
nor
the
commissioner’s
director’s
designee
shall
serve
as
chairperson.
The
board
shall
meet
at
least
quarterly
but
may
meet
as
often
as
necessary.
Meetings
shall
be
set
by
a
majority
of
the
board
or
upon
the
call
of
the
chairperson,
or
in
the
chairperson’s
absence,
upon
the
call
of
the
vice
chairperson.
A
majority
of
the
board
members
shall
constitute
a
quorum.
6.
A
notice
of
defect
or
inspection
report
issued
by
the
commissioner
director
pursuant
to
this
chapter
may,
within
thirty
days
after
the
making
of
the
order,
be
appealed
to
the
board.
Board
action
constitutes
final
agency
action
for
purposes
of
chapter
17A
.
8.
The
board
shall
establish
fees
for
examinations,
inspections,
annual
statements,
shop
inspections,
and
other
Senate
File
514,
p.
962
services.
The
fees
shall
reflect
the
actual
costs
and
expenses
necessary
to
operate
the
board
and
perform
the
duties
of
the
commissioner
director
.
Sec.
1804.
Section
89A.1,
subsections
2
and
4,
Code
2023,
are
amended
by
striking
the
subsections.
Sec.
1805.
Section
89A.1,
Code
2023,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
4A.
“Department”
means
the
department
of
inspections,
appeals,
and
licensing.
NEW
SUBSECTION
.
4B.
“Director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing.
Sec.
1806.
Section
89A.1,
subsections
11,
15,
16,
and
19,
Code
2023,
are
amended
to
read
as
follows:
11.
“Inspector”
means
an
inspector
employed
by
the
division
department
for
the
purpose
of
administering
this
chapter
.
15.
“New
installation”
means
a
conveyance
the
construction
or
relocation
of
which
is
begun,
or
for
which
an
application
for
a
new
installation
permit
is
filed,
on
or
after
the
effective
date
of
rules
relating
to
those
permits
adopted
by
the
commissioner
director
under
authority
of
this
chapter
.
All
other
installations
are
existing
installations.
16.
“Owner”
means
the
owner
of
a
conveyance,
unless
the
conveyance
is
a
new
installation
or
is
undergoing
major
alterations,
in
which
case
the
owner
shall
be
considered
the
person
responsible
for
the
installation
or
alteration
of
the
conveyance
until
the
conveyance
has
passed
final
inspection
by
the
division
department
.
19.
“Special
inspector”
means
an
inspector
commissioned
by
the
labor
commissioner
director
,
and
not
employed
by
the
division
department
.
Sec.
1807.
Section
89A.3,
subsections
6
and
8,
Code
2023,
are
amended
to
read
as
follows:
6.
The
commissioner
director
shall
furnish
copies
of
the
rules
adopted
pursuant
to
this
chapter
to
any
person
who
requests
them,
without
charge,
or
upon
payment
of
a
charge
not
to
exceed
the
actual
cost
of
printing
of
the
rules.
8.
The
commissioner
director
may
adopt
rules
pursuant
to
chapter
17A
relating
to
the
denial,
issuance,
revocation,
and
suspension
of
special
inspector
commissions.
Senate
File
514,
p.
963
Sec.
1808.
Section
89A.4,
Code
2023,
is
amended
to
read
as
follows:
89A.4
Commissioner’s
Director’s
duties
and
personnel.
The
commissioner
director
shall
enforce
the
provisions
of
this
chapter
.
The
commissioner
director
shall
employ
personnel
for
the
administration
of
this
chapter
pursuant
to
chapter
8A,
subchapter
IV
.
Sec.
1809.
Section
89A.5,
Code
2023,
is
amended
to
read
as
follows:
89A.5
Registration
of
conveyances.
The
owner
of
every
existing
conveyance,
whether
or
not
dormant,
shall
register
the
conveyance
with
the
commissioner
director
,
giving
type,
contract
load
and
speed,
name
of
manufacturer,
its
location,
and
the
purpose
for
which
it
is
used,
and
other
information
the
commissioner
director
may
require.
Registration
shall
be
made
in
a
format
required
by
the
division
department
.
Sec.
1810.
Section
89A.6,
subsections
2,
4,
and
5,
Code
2023,
are
amended
to
read
as
follows:
2.
Every
existing
conveyance
registered
with
the
commissioner
director
shall
be
inspected
within
one
year
after
the
effective
date
of
the
registration,
except
that
the
safety
board
may
extend
by
rule
the
time
specified
for
making
inspections.
4.
The
inspections
required
by
subsections
1
through
3
shall
be
made
only
by
inspectors
or
special
inspectors.
An
inspection
by
a
special
inspector
may
be
accepted
by
the
commissioner
director
in
lieu
of
a
required
inspection
by
an
inspector.
5.
A
report
of
every
inspection
shall
be
filed
with
the
commissioner
director
by
the
inspector
or
special
inspector,
in
a
format
required
by
the
commissioner
director
,
after
the
inspection
has
been
completed
and
within
the
time
provided
by
rule,
but
not
to
exceed
thirty
days.
The
report
shall
include
all
information
required
by
the
commissioner
director
to
determine
whether
the
conveyance
is
in
compliance
with
applicable
rules.
For
the
inspection
required
by
subsection
1
,
the
report
shall
indicate
whether
the
conveyance
has
been
installed
in
accordance
with
the
detailed
plans
and
specifications
approved
by
the
commissioner
director
,
and
Senate
File
514,
p.
964
meets
the
requirements
of
the
applicable
rules.
The
failure
of
a
special
inspector
to
inform
the
commissioner
director
of
violations
shall
not
subject
the
commissioner
director
to
liability
for
any
damages
incurred.
Sec.
1811.
Section
89A.7,
Code
2023,
is
amended
to
read
as
follows:
89A.7
Alteration
permits.
The
owner
shall
submit
to
the
commissioner
director
detailed
plans,
specifications,
and
other
information
the
commissioner
director
may
require
for
each
conveyance
to
be
altered,
together
with
an
application
for
an
alteration
permit,
in
a
format
required
by
the
commissioner
director
.
Repairs
or
replacements
necessary
for
normal
maintenance
are
not
alterations,
and
may
be
made
on
existing
installations
with
parts
equivalent
in
material,
strength,
and
design
to
those
replaced
and
no
plans
or
specifications
or
application
need
be
filed
for
the
repairs
or
replacements.
However,
this
section
does
not
authorize
the
use
of
any
conveyance
contrary
to
an
order
issued
pursuant
to
section
89A.10,
subsections
2
and
3
.
Sec.
1812.
Section
89A.8,
Code
2023,
is
amended
to
read
as
follows:
89A.8
New
installation
permits.
1.
The
installation
or
relocation
of
a
conveyance
shall
not
begin
until
an
installation
permit
has
been
issued
by
the
commissioner
director
.
2.
An
application
for
an
installation
permit
shall
be
submitted
in
a
format
determined
by
the
commissioner
director
.
3.
a.
If
the
application
or
any
accompanying
materials
indicates
a
failure
to
comply
with
applicable
rules,
the
commissioner
director
shall
give
notice
of
the
compliance
failures
to
the
person
filing
the
application.
b.
If
the
application
indicates
compliance
with
applicable
rules
or
after
compliance
failures
have
been
remedied,
the
commissioner
director
shall
issue
an
installation
permit
for
relocation
or
installation,
as
applicable.
Sec.
1813.
Section
89A.9,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Operating
permits
shall
be
issued
by
the
commissioner
director
to
the
owner
of
every
conveyance
when
the
inspection
Senate
File
514,
p.
965
report
indicates
compliance
with
the
applicable
provisions
of
this
chapter
.
However,
a
permit
shall
not
be
issued
if
the
fees
required
by
this
chapter
have
not
been
paid.
Permits
shall
be
issued
within
thirty
days
after
filing
of
the
inspection
report
required
by
section
89A.6
,
unless
the
time
is
extended
for
cause
by
the
division
department
.
A
conveyance
shall
not
be
operated
after
the
thirty
days
or
after
an
extension
granted
by
the
commissioner
director
has
expired,
unless
an
operating
permit
has
been
issued.
Sec.
1814.
Section
89A.10,
Code
2023,
is
amended
to
read
as
follows:
89A.10
Enforcement
orders
by
commissioner
director
——
injunction.
1.
If
an
inspection
report
indicates
a
failure
to
comply
with
applicable
rules,
or
with
the
detailed
plans
and
specifications
approved
by
the
commissioner
director
,
the
commissioner
director
may,
upon
giving
notice,
order
the
owner
of
a
conveyance
to
make
the
changes
necessary
for
compliance.
2.
If
the
owner
does
not
make
the
changes
necessary
for
compliance
as
required
in
subsection
1
within
the
period
specified
by
the
commissioner
director
,
the
commissioner
director
,
upon
notice,
may
suspend
or
revoke
the
operating
permit,
or
may
refuse
to
issue
the
operating
permit
for
the
conveyance.
The
commissioner
director
shall
notify
the
owner
of
any
action
to
suspend,
revoke,
or
refuse
to
issue
an
operating
permit
and
the
reason
for
the
action
by
service
in
the
same
manner
as
an
original
notice
or
by
certified
mail.
An
owner
may
appeal
the
commissioner’s
director’s
initial
decision
to
the
safety
board.
The
decision
of
the
safety
board
shall
be
considered
final
agency
action
pursuant
to
chapter
17A
.
3.
If
the
commissioner
director
has
reason
to
believe
that
the
continued
operation
of
a
conveyance
constitutes
an
imminent
danger
which
could
reasonably
be
expected
to
seriously
injure
or
cause
death
to
any
person,
in
addition
to
any
other
remedies,
the
commissioner
director
may
apply
to
the
district
court
in
the
county
in
which
such
imminently
dangerous
condition
exists
for
a
temporary
order
for
the
purpose
of
enjoining
such
imminently
dangerous
conveyance.
Upon
hearing,
if
deemed
appropriate
by
the
court,
a
permanent
injunction
may
be
issued
to
ensure
Senate
File
514,
p.
966
that
such
imminently
dangerous
conveyance
be
prevented
or
controlled.
Upon
the
elimination
or
rectification
of
such
imminently
dangerous
condition,
the
temporary
or
permanent
injunction
shall
be
vacated.
Sec.
1815.
Section
89A.12,
Code
2023,
is
amended
to
read
as
follows:
89A.12
Access
to
conveyances.
Every
owner
of
a
conveyance
subject
to
regulation
by
this
chapter
shall
grant
access
to
that
conveyance
to
the
commissioner
director
and
personnel
of
the
division
department
.
Inspections
shall
be
permitted
at
reasonable
times,
with
or
without
prior
notice.
Sec.
1816.
Section
89A.13,
subsections
1,
2,
and
4,
Code
2023,
are
amended
to
read
as
follows:
1.
An
elevator
safety
board
is
created
within
the
division
of
labor
services
in
the
department
of
workforce
development
to
formulate
definitions
and
rules
for
the
safe
and
proper
installation,
repair,
maintenance,
alteration,
use,
and
operation
of
conveyances
in
this
state.
2.
The
safety
board
is
composed
of
nine
members,
one
of
whom
shall
be
the
commissioner
director
or
the
commissioner’s
director’s
designee.
The
governor
shall
appoint
the
remaining
eight
members
of
the
board,
subject
to
senate
confirmation,
to
staggered
four-year
terms
which
shall
begin
and
end
as
provided
in
section
69.19
.
The
members
shall
be
as
follows:
two
representatives
from
an
elevator
manufacturing
company
or
its
authorized
representative;
two
representatives
from
elevator
servicing
companies;
one
building
owner
or
manager;
one
representative
employed
by
a
local
government
in
this
state
who
is
knowledgeable
about
building
codes
in
this
state;
one
representative
of
workers
actively
involved
in
the
installation,
maintenance,
and
repair
of
elevators;
and
one
licensed
mechanical
engineer.
4.
The
members
of
the
safety
board
shall
select
a
chairperson,
vice
chairperson,
and
a
secretary
from
their
membership.
However,
neither
the
commissioner
director
nor
the
commissioner’s
director’s
designee
shall
serve
as
chairperson.
The
safety
board
shall
meet
at
least
quarterly
but
may
meet
as
often
as
necessary.
Meetings
shall
be
set
by
a
majority
of
the
Senate
File
514,
p.
967
safety
board
or
upon
the
call
of
the
chairperson,
or
in
the
chairperson’s
absence,
upon
the
call
of
the
vice
chairperson.
A
majority
of
the
safety
board
members
shall
constitute
a
quorum.
Sec.
1817.
Section
89A.15,
Code
2023,
is
amended
to
read
as
follows:
89A.15
Inspections
by
local
authorities.
A
city
or
other
governmental
subdivision
shall
not
make
or
maintain
any
ordinance,
bylaw,
or
resolution
providing
for
the
licensing
of
special
inspectors.
An
ordinance
or
resolution
relating
to
the
inspection,
construction,
installation,
alteration,
maintenance,
or
operation
of
conveyances
within
the
limits
of
the
city
or
governmental
subdivision
which
conflicts
with
this
chapter
or
with
rules
adopted
pursuant
to
this
chapter
is
void.
The
commissioner
director
,
in
the
commissioner’s
director’s
discretion,
may
accept
inspections
by
local
authorities
in
lieu
of
inspections
required
by
section
89A.6
,
but
only
upon
a
showing
by
the
local
authority
that
applicable
laws
and
rules
will
be
consistently
and
literally
enforced
and
that
inspections
will
be
performed
by
special
inspectors.
Sec.
1818.
Section
89A.16,
Code
2023,
is
amended
to
read
as
follows:
89A.16
Prosecution
of
offenses.
The
division
department
shall
cause
prosecution
for
the
violation
of
the
provisions
of
this
chapter
to
be
instituted
by
the
attorney
general
in
the
county
in
which
the
violation
occurred.
Sec.
1819.
Section
89A.18,
Code
2023,
is
amended
to
read
as
follows:
89A.18
Civil
penalty.
If
upon
notice
and
hearing
the
commissioner
director
determines
that
an
owner
has
operated
a
conveyance
after
an
order
of
the
commissioner
director
that
suspends,
revokes,
or
refuses
to
issue
an
operating
permit
for
the
conveyance
has
become
final
under
section
89A.10,
subsection
2
,
the
commissioner
director
may
assess
a
civil
penalty
against
the
owner
in
an
amount
not
exceeding
five
hundred
dollars,
as
determined
by
the
commissioner
director
.
An
order
assessing
a
civil
penalty
is
subject
to
appeal
under
section
89A.10,
subsection
2
,
in
the
same
manner
and
to
the
same
extent
as
Senate
File
514,
p.
968
decisions
referred
to
in
that
subsection.
The
commissioner
director
may
commence
an
action
in
the
district
court
to
enforce
payment
of
the
civil
penalty.
A
record
of
assessment
against
or
payment
of
a
civil
penalty
by
any
person
for
a
violation
of
this
section
shall
not
be
admissible
as
evidence
in
any
court
in
any
civil
action.
Revenue
from
the
penalty
provided
in
this
section
shall
be
remitted
to
the
treasurer
of
state
for
deposit
in
the
state
general
fund.
Sec.
1820.
Section
89A.19,
Code
2023,
is
amended
to
read
as
follows:
89A.19
Elevator
safety
fund
——
fees
appropriated.
A
revolving
elevator
safety
fund
is
created
in
the
state
treasury
under
the
control
of
the
commissioner
director
and
shall
consist
of
moneys
collected
by
the
commissioner
director
as
fees.
Moneys
in
the
fund
are
appropriated
to
and
shall
be
used
by
the
commissioner
director
to
pay
the
actual
costs
and
expenses
necessary
to
operate
the
safety
board
and
perform
the
duties
of
the
commissioner
director
as
described
in
this
chapter
.
All
fees
collected
by
the
commissioner
director
pursuant
to
this
chapter
shall
be
remitted
to
the
treasurer
of
state
to
be
deposited
in
the
elevator
safety
fund.
All
salaries
and
expenses
properly
chargeable
to
the
fund
shall
be
paid
from
the
fund.
Section
8.33
does
not
apply
to
any
moneys
in
the
fund.
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
earnings
on
moneys
deposited
in
the
fund
shall
be
credited
to
the
fund.
Sec.
1821.
Section
89B.3,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
01.
“Commissioner”
means
the
labor
commissioner
appointed
pursuant
to
section
10A.203,
or
the
labor
commissioner’s
designee.
Sec.
1822.
Section
89B.3,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Division”
means
the
division
of
labor
services
of
the
department
of
workforce
development
created
under
section
84A.1
inspections,
appeals,
and
licensing
.
Sec.
1823.
Section
90A.1,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Commissioner”
means
the
state
commissioner
of
athletics,
Senate
File
514,
p.
969
who
is
also
the
labor
commissioner
appointed
pursuant
to
section
91.2
,
director
of
the
department
of
inspections,
appeals,
and
licensing
or
the
labor
commissioner’s
director’s
designee.
Sec.
1824.
Section
91A.2,
subsection
1,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
1825.
Section
91A.2,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
2A.
“Director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing.
Sec.
1826.
Section
91A.6,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
An
employer
shall
after
being
notified
by
the
commissioner
director
pursuant
to
subsection
2
:
Sec.
1827.
Section
91A.6,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
commissioner
director
shall
notify
an
employer
to
comply
with
subsection
1
if
the
employer
has
paid
a
claim
for
unpaid
wages
or
nonreimbursed
authorized
expenses
and
liquidated
damages
under
section
91A.10
or
if
the
employer
has
been
assessed
a
civil
money
penalty
under
section
91A.12
.
However,
a
court
may,
when
rendering
a
judgment
for
wages
or
nonreimbursed
authorized
expenses
and
liquidated
damages
or
upholding
a
civil
money
penalty
assessment,
order
that
an
employer
shall
not
be
required
to
comply
with
the
provisions
of
subsection
1
or
that
an
employer
shall
be
required
to
comply
with
the
provisions
of
subsection
1
for
a
particular
period
of
time.
Sec.
1828.
Section
91A.9,
Code
2023,
is
amended
to
read
as
follows:
91A.9
General
powers
and
duties
of
the
commissioner
director
.
1.
The
commissioner
director
shall
administer
and
enforce
the
provisions
of
this
chapter
.
The
commissioner
director
may
hold
hearings
and
investigate
charges
of
violations
of
this
chapter
.
2.
The
commissioner
director
may,
consistent
with
due
process
of
law,
enter
any
place
of
employment
to
inspect
records
concerning
wages
and
payrolls,
to
question
the
employer
and
employees,
and
to
investigate
such
facts,
conditions,
or
matters
as
are
deemed
appropriate
in
determining
whether
any
Senate
File
514,
p.
970
person
has
violated
the
provisions
of
this
chapter
.
However,
such
entry
by
the
commissioner
director
shall
only
be
in
response
to
a
written
complaint.
3.
The
commissioner
director
may
employ
such
qualified
personnel
as
are
necessary
for
the
enforcement
of
this
chapter
.
Such
personnel
shall
be
employed
pursuant
to
chapter
8A,
subchapter
IV
.
4.
The
commissioner
director
shall,
in
consultation
with
the
United
States
department
of
labor,
develop
a
database
of
the
employers
in
this
state
utilizing
special
certificates
issued
by
the
United
States
secretary
of
labor
as
authorized
under
29
U.S.C.
§214,
and
shall
maintain
the
database.
5.
The
commissioner
director
shall
promulgate,
pursuant
to
chapter
17A
,
any
rules
necessary
to
carry
out
the
provisions
of
this
chapter
.
Sec.
1829.
Section
91A.10,
Code
2023,
is
amended
to
read
as
follows:
91A.10
Settlement
of
claims
and
suits
for
wages
——
prohibition
against
discharge
of
employee.
1.
Upon
the
written
complaint
of
the
employee
involved,
the
commissioner
director
may
determine
whether
wages
have
not
been
paid
and
may
constitute
an
enforceable
claim.
If
for
any
reason
the
commissioner
director
decides
not
to
make
such
determination,
the
commissioner
director
shall
so
notify
the
complaining
employee
within
fourteen
days
of
receipt
of
the
complaint.
The
commissioner
director
shall
otherwise
notify
the
employee
of
such
determination
within
a
reasonable
time
and
if
it
is
determined
that
there
is
an
enforceable
claim,
the
commissioner
director
shall,
with
the
consent
of
the
complaining
employee,
take
an
assignment
in
trust
for
the
wages
and
for
any
claim
for
liquidated
damages
without
being
bound
by
any
of
the
technical
rules
respecting
the
validity
of
the
assignment.
However,
the
commissioner
director
shall
not
accept
any
complaint
for
unpaid
wages
and
liquidated
damages
after
one
year
from
the
date
the
wages
became
due
and
payable.
2.
The
commissioner
director
,
with
the
assistance
of
the
office
of
the
attorney
general
if
the
commissioner
director
requests
such
assistance,
shall,
unless
a
settlement
is
reached
under
this
subsection
,
commence
a
civil
action
in
any
Senate
File
514,
p.
971
court
of
competent
jurisdiction
to
recover
for
the
benefit
of
any
employee
any
wage,
expenses,
and
liquidated
damages’
claims
that
have
been
assigned
to
the
commissioner
director
for
recovery.
The
commissioner
director
may
also
request
reasonable
and
necessary
attorney
fees.
With
the
consent
of
the
assigning
employee,
the
commissioner
director
may
also
settle
a
claim
on
behalf
of
the
assigning
employee.
Proceedings
under
this
subsection
and
subsection
1
that
precede
commencement
of
a
civil
action
shall
be
conducted
informally
without
any
party
having
a
right
to
be
heard
before
the
commissioner
director
.
The
commissioner
director
may
join
various
assignments
in
one
claim
for
the
purpose
of
settling
or
litigating
their
claims.
3.
The
provisions
of
subsections
1
and
2
shall
not
be
construed
to
prevent
an
employee
from
settling
or
bringing
an
action
for
damages
under
section
91A.8
if
the
employee
has
not
assigned
the
claim
under
subsection
1
.
4.
Any
recovery
of
attorney
fees,
in
the
case
of
actions
brought
under
this
section
by
the
commissioner
director
,
shall
be
remitted
by
the
commissioner
director
to
the
treasurer
of
state
for
deposit
in
the
general
fund
of
the
state.
Also,
the
commissioner
director
shall
not
be
required
to
pay
any
filing
fee
or
other
court
costs.
5.
An
employer
shall
not
discharge
or
in
any
other
manner
discriminate
against
any
employee
because
the
employee
has
filed
a
complaint,
assigned
a
claim,
or
brought
an
action
under
this
section
or
has
cooperated
in
bringing
any
action
against
an
employer.
Any
employee
may
file
a
complaint
with
the
commissioner
director
alleging
discharge
or
discrimination
within
thirty
days
after
such
violation
occurs.
Upon
receipt
of
the
complaint,
the
commissioner
director
shall
cause
an
investigation
to
be
made
to
the
extent
deemed
appropriate.
If
the
commissioner
director
determines
from
the
investigation
that
the
provisions
of
this
subsection
have
been
violated,
the
commissioner
director
shall
bring
an
action
in
the
appropriate
district
court
against
such
person.
The
district
court
shall
have
jurisdiction,
for
cause
shown,
to
restrain
violations
of
this
subsection
and
order
all
appropriate
relief
including
rehiring
or
reinstatement
of
the
employee
to
the
former
position
with
back
pay.
Senate
File
514,
p.
972
Sec.
1830.
Section
91A.11,
Code
2023,
is
amended
to
read
as
follows:
91A.11
Wage
claims
brought
under
reciprocity.
1.
The
commissioner
director
may
enter
into
reciprocal
agreements
with
the
labor
department
or
corresponding
agency
of
any
other
state
or
its
representatives
for
the
collection
in
such
other
states
of
claims
or
judgments
for
wages
and
other
demands
based
upon
claims
assigned
to
the
commissioner
director
.
2.
The
commissioner
director
may,
to
the
extent
provided
for
by
any
reciprocal
agreement
entered
into
by
law
or
with
an
agency
of
another
state
as
provided
in
this
section
,
maintain
actions
in
the
courts
of
such
other
state
to
the
extent
permitted
by
the
laws
of
that
state
for
the
collection
of
claims
for
wages,
judgments
and
other
demands
and
may
assign
such
claims,
judgments
and
demands
to
the
labor
department
or
agency
of
such
other
state
for
collection
to
the
extent
that
such
an
assignment
may
be
permitted
or
provided
for
by
the
laws
of
such
state
or
by
reciprocal
agreement.
3.
The
commissioner
director
may,
upon
the
written
consent
of
the
labor
department
or
other
corresponding
agency
of
any
other
state
or
its
representatives,
maintain
actions
in
the
courts
of
this
state
upon
assigned
claims
for
wages,
judgments
and
demands
arising
in
such
other
state
in
the
same
manner
and
to
the
same
extent
that
such
actions
by
the
commissioner
director
are
authorized
when
arising
in
this
state.
However,
such
actions
may
be
maintained
only
in
cases
in
which
such
other
state
by
law
or
reciprocal
agreement
extends
a
like
comity
to
cases
arising
in
this
state.
Sec.
1831.
Section
91A.12,
Code
2023,
is
amended
to
read
as
follows:
91A.12
Civil
penalties.
1.
Any
employer
who
violates
the
provisions
of
this
chapter
or
the
rules
promulgated
under
it
shall
be
subject
to
a
civil
money
penalty
of
not
more
than
five
hundred
dollars
per
pay
period
for
each
violation.
The
commissioner
director
may
recover
such
civil
money
penalty
according
to
the
provisions
of
subsections
2
through
5
.
Any
civil
money
penalty
recovered
shall
be
deposited
in
the
general
fund
of
the
state.
Senate
File
514,
p.
973
2.
The
commissioner
director
may
propose
that
an
employer
be
assessed
a
civil
money
penalty
by
serving
the
employer
with
notice
of
such
proposal
in
the
same
manner
as
an
original
notice
is
served
under
the
rules
of
civil
procedure.
Upon
service
of
such
notice,
the
proposed
assessment
shall
be
treated
as
a
contested
case
under
chapter
17A
.
However,
an
employer
must
request
a
hearing
within
thirty
days
of
being
served.
3.
If
an
employer
does
not
request
a
hearing
pursuant
to
subsection
2
or
if
the
commissioner
director
determines,
after
an
appropriate
hearing,
that
an
employer
is
in
violation
of
this
chapter
,
the
commissioner
director
shall
assess
a
civil
money
penalty
which
is
consistent
with
the
provisions
of
subsection
1
and
which
is
rendered
with
due
consideration
for
the
penalty
amount
in
terms
of
the
size
of
the
employer’s
business,
the
gravity
of
the
violation,
the
good
faith
of
the
employer,
and
the
history
of
previous
violations.
4.
An
employer
may
seek
judicial
review
of
any
assessment
rendered
under
subsection
3
by
instituting
proceedings
for
judicial
review
pursuant
to
chapter
17A
.
However,
such
proceedings
must
be
instituted
in
the
district
court
of
the
county
in
which
the
violation
or
one
of
the
violations
occurred
and
within
thirty
days
of
the
day
on
which
the
employer
was
notified
that
an
assessment
has
been
rendered.
Also,
an
employer
may
be
required,
at
the
discretion
of
the
district
court
and
upon
instituting
such
proceedings,
to
deposit
the
amount
assessed
with
the
clerk
of
the
district
court.
Any
moneys
so
deposited
shall
either
be
returned
to
the
employer
or
be
forwarded
to
the
commissioner
director
for
deposit
in
the
general
fund
of
the
state,
depending
on
the
outcome
of
the
judicial
review,
including
any
appeal
to
the
supreme
court.
5.
After
the
time
for
seeking
judicial
review
has
expired
or
after
all
judicial
review
has
been
exhausted
and
the
commissioner’s
director’s
assessment
has
been
upheld,
the
commissioner
director
shall
request
the
attorney
general
to
recover
the
assessed
penalties
in
a
civil
action.
Sec.
1832.
Section
91A.15,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
franchisor
has
been
found
by
the
commissioner
director
to
have
exercised
a
type
or
degree
of
control
over
Senate
File
514,
p.
974
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.
1833.
Section
91C.1,
Code
2023,
is
amended
to
read
as
follows:
91C.1
Definition
——
exemption
——
combined
registration
and
licensing
process
for
plumbers
and
mechanical
professionals.
1.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires
,
“contractor”
:
a.
“Contractor”
means
a
person
who
engages
in
the
business
of
construction,
as
the
term
“construction”
is
defined
in
the
Iowa
administrative
code
for
purposes
of
chapter
96,
the
Iowa
employment
security
law.
However,
a
person
who
earns
less
than
two
thousand
dollars
annually
or
who
performs
work
or
has
work
performed
on
the
person’s
own
property
is
not
a
contractor
for
purposes
of
this
chapter
.
b.
“Department”
means
the
department
of
inspections,
appeals,
and
licensing.
c.
“Director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing.
2.
The
state,
its
boards,
commissions,
agencies,
departments,
and
its
political
subdivisions
including
school
districts
and
other
special
purpose
districts,
are
not
contractors
for
purposes
of
this
chapter
.
2.
3.
If
a
contractor’s
registration
application
shows
that
the
contractor
is
self-employed,
does
not
pay
more
than
two
thousand
dollars
annually
to
employ
other
persons
in
the
business,
and
does
not
work
with
or
for
other
contractors
in
the
same
phases
of
construction,
the
contractor
is
exempt
from
the
fee
requirements
under
this
chapter
.
3.
4.
a.
The
labor
services
division
of
the
department
of
workforce
development
and
the
Iowa
department
of
public
health
will
work
with
stakeholders
to
develop
a
plan
to
combine
the
contractor
registration
and
contractor
licensing
application
process
for
contractors
licensed
under
chapter
105
,
to
be
implemented
in
time
for
licensing
renewals
due
July
1,
2017.
Effective
July
1,
2017,
a
A
contractor
licensed
under
chapter
105
shall
register
as
a
contractor
under
this
chapter
in
conjunction
with
the
contractor
licensing
process
Senate
File
514,
p.
975
established
by
the
department
.
At
no
cost
to
the
labor
services
division,
the
The
department
of
public
health
shall
collect
both
the
registration
and
licensing
applications
as
part
of
one
combined
application.
The
labor
commissioner
director
shall
design
the
contractor
registration
application
form
to
exclude
from
the
division
of
labor
services’
department’s
contractor
registration
application
process
those
contractors
who
are
also
covered
by
chapter
103
or
105
.
The
labor
commissioner
director
is
authorized
to
adopt
rules
as
needed
to
accomplish
a
merger
of
the
application
systems
including
transitional
registration
periods
and
fees.
b.
Effective
July
1,
2017,
excluding
registrations
by
contractors
that
are
exempt
from
the
registration
fee
pursuant
to
this
section
,
the
department
of
public
health
shall
collect
and
transfer
to
the
labor
services
division
a
portion
of
each
contractor
license
fee
equal
to
three
times
the
contractor
registration
fee
for
each
three-year
license
or
a
prorated
portion
thereof
using
a
one-sixth
deduction
for
each
six-month
period
of
the
renewal
cycle.
Sec.
1834.
Section
91C.2,
Code
2023,
is
amended
to
read
as
follows:
91C.2
Registration
required
——
conditions.
A
contractor
doing
business
in
this
state
shall
register
with
the
labor
commissioner
director
and
shall
meet
all
of
the
following
requirements
as
a
condition
of
registration:
1.
The
contractor
shall
be
in
compliance
with
the
laws
of
this
state
relating
to
workers’
compensation
insurance
and
shall
provide
evidence
of
workers’
compensation
insurance
coverage
annually,
of
relief
from
the
insurance
requirement
pursuant
to
section
87.11
,
or
a
statement
that
the
contractor
is
not
required
to
carry
workers’
compensation
coverage.
Notice
of
a
policy’s
cancellation
shall
be
provided
to
the
labor
commissioner
director
by
the
insurance
company.
2.
The
contractor
shall
possess
an
employer
account
number
or
a
special
contractor
number
issued
by
the
department
of
workforce
development
pursuant
to
chapter
96,
the
Iowa
employment
security
law.
3.
An
out-of-state
contractor
shall
either
file
a
surety
bond,
as
provided
in
section
91C.7
,
with
the
division
of
labor
Senate
File
514,
p.
976
services
department
in
the
amount
of
twenty-five
thousand
dollars
or
shall
provide
a
statement
to
the
division
of
labor
services
department
that
the
contractor
is
prequalified
to
bid
on
projects
for
the
department
of
transportation
pursuant
to
section
314.1
.
Sec.
1835.
Section
91C.3,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
registration
application
shall
be
in
the
form
prescribed
by
the
labor
commissioner
director
,
shall
be
accompanied
by
the
registration
fee
prescribed
pursuant
to
section
91C.4
,
and
shall
contain
information
which
is
substantially
complete
and
accurate.
In
addition
to
the
information
determined
by
the
labor
commissioner
director
to
be
necessary
for
purposes
of
section
91C.2
,
the
application
shall
include
information
as
to
each
of
the
following:
Sec.
1836.
Section
91C.3,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Any
change
in
the
information
provided
shall
be
reported
promptly
to
the
labor
commissioner
director
.
Sec.
1837.
Section
91C.4,
Code
2023,
is
amended
to
read
as
follows:
91C.4
Fees.
The
labor
commissioner
director
shall
prescribe
the
fee
for
registration,
which
fee
shall
not
exceed
fifty
dollars
every
year.
Sec.
1838.
Section
91C.5,
Code
2023,
is
amended
to
read
as
follows:
91C.5
Public
registration
number
——
records
——
revocation.
1.
The
labor
commissioner
director
shall
issue
to
each
registered
contractor
an
identifying
public
registration
number
and
shall
compile
records
showing
the
names
and
public
registration
numbers
of
all
contractors
registered
in
the
state.
These
records
and
the
complete
registration
information
provided
by
each
contractor
are
public
records
and
the
labor
commissioner
director
shall
take
steps
as
necessary
to
facilitate
access
to
the
information
by
governmental
agencies
and
the
general
public.
2.
The
labor
commissioner
director
shall
revoke
a
registration
number
when
the
contractor
fails
to
maintain
Senate
File
514,
p.
977
compliance
with
the
conditions
necessary
to
obtain
a
registration.
The
labor
commissioner
director
shall
provide
a
fact-finding
interview
to
assure
that
the
contractor
is
not
in
compliance
before
revoking
any
registration.
Hearings
on
revocation
of
registrations
shall
be
held
in
accordance
with
section
91C.8
.
Sec.
1839.
Section
91C.6,
Code
2023,
is
amended
to
read
as
follows:
91C.6
Rules.
The
labor
commissioner
director
shall
adopt
rules,
pursuant
to
chapter
17A
,
determined
to
be
reasonably
necessary
for
phasing
in,
administering,
and
enforcing
the
system
of
contractor
registration
established
by
this
chapter
.
Sec.
1840.
Section
91C.7,
Code
2023,
is
amended
to
read
as
follows:
91C.7
Contracts
——
contractor’s
bond.
1.
A
contractor
who
is
not
registered
with
the
labor
commissioner
director
as
required
by
this
chapter
shall
not
be
awarded
a
contract
to
perform
work
for
the
state
or
an
agency
of
the
state.
2.
A
surety
bond
filed
pursuant
to
section
91C.2
shall
be
executed
by
a
surety
company
authorized
to
do
business
in
this
state,
and
the
bond
shall
be
continuous
in
nature
until
canceled
by
the
surety
with
not
less
than
thirty
days’
written
notice
to
the
contractor
and
to
the
division
of
labor
services
of
the
department
of
workforce
development
indicating
the
surety’s
desire
to
cancel
the
bond.
The
surety
company
shall
not
be
liable
under
the
bond
for
any
contract
commenced
after
the
cancellation
of
the
bond.
The
division
of
labor
services
of
the
department
of
workforce
development
may
increase
the
bond
amount
after
a
hearing.
3.
Release
of
the
bond
shall
be
conditioned
upon
the
payment
of
all
taxes,
including
contributions
due
under
the
unemployment
compensation
insurance
system,
penalties,
interest,
and
related
fees,
which
may
accrue
to
the
state
of
Iowa.
If
at
any
time
during
the
term
of
the
bond,
the
department
of
revenue
or
the
department
of
workforce
development
determines
that
the
amount
of
the
bond
is
not
sufficient
to
cover
the
tax
liabilities
accruing
to
the
state
of
Senate
File
514,
p.
978
Iowa,
the
labor
commissioner
director
shall
require
the
bond
to
be
increased
by
an
amount
the
labor
commissioner
director
deems
sufficient
to
cover
the
tax
liabilities
accrued
and
accruing.
4.
The
department
of
revenue
and
the
department
of
workforce
development
shall
adopt
rules
for
the
collection
of
the
forfeiture.
Notice
shall
be
provided
to
the
surety
and
to
the
contractor.
Notice
to
the
contractor
shall
be
mailed
to
the
contractor’s
last
known
address
and
to
the
contractor’s
registered
agent
for
service
of
process,
if
any,
within
the
state.
The
contractor
or
surety
shall
have
the
opportunity
to
apply
to
the
director
of
revenue
for
a
hearing
within
thirty
days
after
the
giving
of
such
notice.
Upon
the
failure
to
timely
request
a
hearing,
the
bond
shall
be
forfeited.
If,
after
the
hearing
upon
timely
request,
the
department
of
revenue
or
the
department
of
workforce
development
finds
that
the
contractor
has
failed
to
pay
the
total
of
all
taxes
payable,
the
department
of
revenue
or
the
department
of
workforce
development
shall
order
the
bond
forfeited.
The
amount
of
the
forfeiture
shall
be
the
amount
of
taxes
payable
or
the
amount
of
the
bond,
whichever
is
less.
For
purposes
of
this
section
“taxes
payable”
means
all
tax,
penalties,
interest,
and
fees
that
the
department
of
revenue
has
previously
determined
to
be
due
to
the
state
by
assessment
or
in
an
appeal
of
an
assessment,
including
contributions
to
the
unemployment
compensation
insurance
system.
5.
If
it
is
determined
that
this
section
may
cause
denial
of
federal
funds
which
would
otherwise
be
available,
or
is
otherwise
inconsistent
with
requirements
of
federal
law,
this
section
shall
be
suspended,
but
only
to
the
extent
necessary
to
prevent
denial
of
the
funds
or
to
eliminate
the
inconsistency
with
federal
requirements.
6.
The
bond
required
by
this
section
may
be
attached
by
the
commissioner
director
for
collection
of
fees
and
penalties
due
to
the
division.
Sec.
1841.
Section
91C.8,
Code
2023,
is
amended
to
read
as
follows:
91C.8
Investigations
——
enforcement
——
administrative
penalties.
1.
The
labor
commissioner
director
and
inspectors
of
the
Senate
File
514,
p.
979
division
of
labor
services
of
the
department
of
workforce
development
have
jurisdiction
for
investigation
and
enforcement
in
cases
where
contractors
may
be
in
violation
of
the
requirements
of
this
chapter
or
rules
adopted
pursuant
to
this
chapter
.
2.
If,
upon
investigation,
the
labor
commissioner
director
or
the
commissioner’s
director’s
authorized
representative
believes
that
a
contractor
has
violated
any
of
the
following,
the
commissioner
director
shall
with
reasonable
promptness
issue
a
citation
to
the
contractor:
a.
The
requirement
that
a
contractor
be
registered.
b.
The
requirement
that
the
contractor’s
registration
information
be
substantially
complete
and
accurate.
c.
The
requirement
that
an
out-of-state
contractor
file
a
bond
with
the
division
of
labor
services
department
.
3.
Each
citation
shall
be
in
writing
and
shall
describe
with
particularity
the
nature
of
the
violation,
including
a
reference
to
the
provision
of
the
statute
alleged
to
have
been
violated.
4.
If
a
citation
is
issued,
the
commissioner
director
shall,
within
seven
days,
notify
the
contractor
by
service
in
the
same
manner
as
an
original
notice
or
by
certified
mail
of
the
administrative
penalty,
if
any,
proposed
to
be
assessed
and
that
the
contractor
has
fifteen
working
days
within
which
to
notify
the
commissioner
director
that
the
contractor
wishes
to
contest
the
citation
or
proposed
assessment
of
penalty.
5.
The
administrative
penalties
which
may
be
imposed
under
this
section
shall
be
not
more
than
five
hundred
dollars
in
the
case
of
a
first
violation
and
not
more
than
five
thousand
dollars
for
each
violation
in
the
case
of
a
second
or
subsequent
violation.
All
administrative
penalties
collected
pursuant
to
this
chapter
shall
be
deposited
in
the
general
fund
of
the
state.
6.
If,
within
fifteen
working
days
from
the
receipt
of
the
notice,
the
contractor
fails
to
notify
the
commissioner
director
that
the
contractor
intends
to
contest
the
citation
or
proposed
assessment
of
penalty,
the
citation
and
the
assessment,
as
proposed,
shall
be
deemed
a
final
order
of
the
employment
appeal
board
and
not
subject
to
review
by
any
court
Senate
File
514,
p.
980
or
agency.
7.
If
the
contractor
notifies
the
commissioner
director
that
the
contractor
intends
to
contest
the
citation
or
proposed
assessment
of
penalty,
the
commissioner
director
shall
immediately
advise
the
employment
appeal
board
established
by
section
10A.601
.
The
employment
appeal
board
shall
review
the
action
of
the
commissioner
director
and
shall
thereafter
issue
an
order,
based
on
findings
of
fact,
affirming,
modifying,
or
vacating
the
commissioner’s
director’s
citation
or
proposed
penalty
or
directing
other
appropriate
relief,
and
the
order
shall
become
final
sixty
days
after
its
issuance.
8.
The
labor
commissioner
director
shall
notify
the
department
of
revenue
upon
final
agency
action
regarding
the
citation
and
assessment
of
penalty
against
a
registered
contractor.
9.
Judicial
review
of
any
order
of
the
employment
appeal
board
issued
pursuant
to
this
section
may
be
sought
in
accordance
with
the
terms
of
chapter
17A
.
If
no
petition
for
judicial
review
is
filed
within
sixty
days
after
service
of
the
order
of
the
employment
appeal
board,
the
appeal
board’s
findings
of
fact
and
order
shall
be
conclusive
in
connection
with
any
petition
for
enforcement
which
is
filed
by
the
commissioner
director
after
the
expiration
of
the
sixty-day
period.
In
any
such
case,
the
clerk
of
court,
unless
otherwise
ordered
by
the
court,
shall
forthwith
enter
a
decree
enforcing
the
order
and
shall
transmit
a
copy
of
the
decree
to
the
employment
appeal
board
and
the
contractor
named
in
the
petition.
Sec.
1842.
Section
91C.9,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
contractor
registration
revolving
fund
is
created
in
the
state
treasury.
The
revolving
fund
shall
be
administered
by
the
commissioner
director
and
shall
consist
of
moneys
collected
by
the
commissioner
director
as
fees.
The
commissioner
director
shall
remit
all
fees
collected
pursuant
to
this
chapter
to
the
revolving
fund.
The
moneys
in
the
revolving
fund
are
appropriated
to
and
shall
be
used
by
the
commissioner
director
to
pay
the
actual
costs
and
expenses
necessary
to
perform
the
duties
of
the
commissioner
director
and
the
division
of
labor
Senate
File
514,
p.
981
services
department
as
described
in
this
chapter
.
All
salaries
and
expenses
properly
chargeable
to
the
revolving
fund
shall
be
paid
from
the
revolving
fund.
Sec.
1843.
Section
91D.1,
subsection
1,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
For
purposes
of
determining
whether
an
employee
of
a
restaurant,
hotel,
motel,
inn,
or
cabin,
who
customarily
and
regularly
receives
more
than
thirty
dollars
a
month
in
tips
is
receiving
the
minimum
hourly
wage
rate
prescribed
by
this
section
,
the
amount
paid
the
employee
by
the
employer
shall
be
deemed
to
be
increased
on
account
of
the
tips
by
an
amount
determined
by
the
employer,
not
to
exceed
forty
percent
of
the
applicable
minimum
wage.
An
employee
may
file
a
written
appeal
with
the
labor
commissioner
director
of
the
department
of
inspections,
appeals,
and
licensing
if
the
amount
of
tips
received
by
the
employee
is
less
than
the
amount
determined
by
the
employer
under
this
subsection
.
Sec.
1844.
Section
91D.1,
subsection
3,
paragraph
b,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
The
franchisor
has
been
found
by
the
labor
commissioner
director
of
the
department
of
inspections,
appeals,
and
licensing
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.
1845.
Section
91D.1,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
The
labor
commissioner
director
of
the
department
of
inspections,
appeals,
and
licensing
shall
adopt
rules
to
implement
and
administer
this
section
.
Sec.
1846.
Section
91E.1,
subsection
1,
Code
2023,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
1.
“Director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing.
Sec.
1847.
Section
91E.2,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
If
a
Spanish-speaking
interpreter
is
needed,
the
employer
shall
select
an
interpreter
from
a
list
of
interpreters
Senate
File
514,
p.
982
developed
by
the
department
of
workforce
development
inspections,
appeals,
and
licensing
.
Sec.
1848.
Section
91E.5,
Code
2023,
is
amended
to
read
as
follows:
91E.5
Duties
and
authority
of
the
commissioner
director
.
1.
The
commissioner
director
shall
adopt
rules
to
implement
and
enforce
this
chapter
and
shall
provide
further
exemptions
from
the
provisions
of
this
chapter
where
reasonable.
2.
In
order
to
carry
out
the
purposes
of
this
chapter
,
the
commissioner
director
or
the
commissioner’s
director’s
representative,
upon
presenting
appropriate
credentials
to
the
owner,
operator,
or
agent
in
charge,
may:
a.
Inspect
employment
records
relating
to
the
total
number
of
employees
and
non-English
speaking
employees,
and
the
services
provided
to
non-English
speaking
employees.
b.
Interview
an
employer,
owner,
operator,
agent,
or
employee,
during
working
hours
or
at
other
reasonable
times.
Sec.
1849.
Section
92.1,
Code
2023,
is
amended
to
read
as
follows:
92.1
Street
occupations
——
migratory
labor.
1.
No
person
under
ten
years
of
age
shall
be
employed
or
permitted
to
work
with
or
without
compensation
at
any
time
within
this
state
in
street
occupations
of
peddling,
shoe
polishing,
the
distribution
or
sale
of
newspapers,
magazines,
periodicals
or
circulars,
nor
in
any
other
occupations
in
any
street
or
public
place.
The
labor
commissioner
director
shall,
when
ordered
by
a
judge
of
the
juvenile
court,
issue
a
work
permit
as
provided
in
this
chapter
to
a
person
under
ten
years
of
age.
2.
No
person
under
twelve
years
of
age
shall
be
employed
or
permitted
to
work
with
or
without
compensation
at
any
time
within
this
state
in
connection
with
migratory
labor,
except
that
the
labor
commissioner
director
may
upon
sufficient
showing
by
a
judge
of
the
juvenile
court,
issue
a
work
permit
as
provided
in
this
chapter
to
a
person
under
twelve
years
of
age.
Sec.
1850.
NEW
SECTION
.
92.1B
Definition.
For
purposes
of
this
chapter,
“director”
means
the
director
of
the
department
of
inspections,
appeals,
and
licensing.
Sec.
1851.
Section
92.4,
subsection
1,
Code
2023,
is
amended
Senate
File
514,
p.
983
to
read
as
follows:
1.
Those
persons
legally
out
of
school,
if
such
status
is
verified
by
the
submission
of
written
proof
to
the
labor
commissioner
director
.
Sec.
1852.
Section
92.6,
subsection
1,
paragraph
g,
Code
2023,
is
amended
to
read
as
follows:
g.
Occupations
prohibited
by
rules
adopted
pursuant
to
chapter
17A
by
the
labor
commissioner
director
.
Sec.
1853.
Section
92.8,
subsection
21,
Code
2023,
is
amended
to
read
as
follows:
21.
Occupations
prohibited
by
rules
adopted
pursuant
to
chapter
17A
by
the
labor
commissioner
director
.
Sec.
1854.
Section
92.11,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
work
permit,
except
for
migrant
laborers,
shall
be
issued
only
by
the
labor
commissioner
director
upon
the
application
of
the
parent,
guardian,
or
custodian
of
the
child
desiring
such
permit.
The
application
shall
include
the
following:
Sec.
1855.
Section
92.12,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
Work
permits
for
migrant
workers
shall
be
issued
by
the
labor
commissioner
director
upon
application
of
the
parent
or
head
of
the
migrant
family.
The
application
shall
include
documentation
of
proof
of
age
as
described
in
section
92.11,
subsection
2
.
3.
One
copy
of
the
permit
issued
shall
be
given
to
the
employer
to
be
kept
on
file
for
the
length
of
employment
and
upon
termination
of
employment
shall
be
returned
to
the
labor
commissioner
director
.
The
blank
forms
for
the
application
for
a
work
permit
for
migratory
workers
and
the
work
permit
for
migratory
workers
shall
be
formulated
by
the
commissioner
director
.
Sec.
1856.
Section
92.13,
Code
2023,
is
amended
to
read
as
follows:
92.13
Optional
refusal
of
permit.
The
labor
commissioner
director
may
refuse
to
grant
a
permit
if,
in
the
commissioner’s
director’s
judgment,
the
best
interests
of
the
minor
would
be
served
by
such
refusal
and
the
commissioner
director
shall
keep
a
record
of
such
refusals,
and
Senate
File
514,
p.
984
the
reasons
therefor.
Sec.
1857.
Section
92.15,
Code
2023,
is
amended
to
read
as
follows:
92.15
Application
to
labor
commissioner
director
.
An
application
for
a
work
permit
pursuant
to
section
92.11
or
section
92.12
shall
be
submitted
to
the
office
of
the
labor
commissioner
director
within
three
days
after
the
child
begins
work.
Sec.
1858.
Section
92.16,
Code
2023,
is
amended
to
read
as
follows:
92.16
Forms
for
permits
formulated.
The
proper
forms
for
the
application
for
a
work
permit,
the
work
permit,
the
certificate
of
age,
and
the
physician’s
certificate
shall
be
formulated
by
the
labor
commissioner
director
.
Sec.
1859.
Section
92.21,
Code
2023,
is
amended
to
read
as
follows:
92.21
Rules
and
orders
of
labor
commissioner
director
.
1.
The
labor
commissioner
director
may
adopt
rules
pursuant
to
chapter
17A
to
more
specifically
define
the
occupations
and
equipment
permitted
or
prohibited
in
this
chapter
,
to
determine
occupations
for
which
work
permits
are
required,
and
to
issue
general
and
special
orders
prohibiting
or
allowing
the
employment
of
persons
under
eighteen
years
of
age
in
any
place
of
employment
defined
in
this
chapter
as
hazardous
to
the
health,
safety,
and
welfare
of
the
persons.
2.
The
labor
commissioner
director
shall
adopt
rules
pursuant
to
chapter
17A
specifically
defining
the
civil
penalty
amount
to
be
assessed
for
violations
of
this
chapter
.
Sec.
1860.
Section
92.22,
Code
2023,
is
amended
to
read
as
follows:
92.22
Labor
commissioner
Director
to
enforce
——
civil
penalty
——
judicial
review.
1.
The
labor
commissioner
director
shall
enforce
this
chapter
.
An
employer
who
violates
this
chapter
or
the
rules
adopted
pursuant
to
this
chapter
is
subject
to
a
civil
penalty
of
not
more
than
ten
thousand
dollars
for
each
violation.
2.
The
commissioner
director
shall
notify
the
employer
of
a
proposed
civil
penalty
by
service
in
the
same
manner
as
Senate
File
514,
p.
985
an
original
notice
or
by
certified
mail.
If,
within
fifteen
working
days
from
the
receipt
of
the
notice,
the
employer
fails
to
file
a
notice
of
contest
in
accordance
with
rules
adopted
by
the
commissioner
director
pursuant
to
chapter
17A
,
the
penalty,
as
proposed,
shall
be
deemed
final
agency
action
for
purposes
of
judicial
review.
3.
The
commissioner
director
shall
notify
the
department
of
revenue
upon
final
agency
action
regarding
the
assessment
of
a
penalty
against
an
employer.
Interest
shall
be
calculated
from
the
date
of
final
agency
action.
4.
Judicial
review
of
final
agency
action
pursuant
to
this
section
may
be
sought
in
accordance
with
the
terms
of
section
17A.19
.
If
no
petition
for
judicial
review
is
filed
within
sixty
days
after
service
of
the
final
agency
action
of
the
commissioner
director
,
the
commissioner’s
director’s
findings
of
fact
and
final
agency
action
shall
be
conclusive
in
connection
with
any
petition
for
enforcement
which
is
filed
by
the
commissioner
director
after
the
expiration
of
the
sixty-day
period.
In
any
such
case,
the
clerk
of
court,
unless
otherwise
ordered
by
the
court,
shall
forthwith
enter
a
decree
enforcing
the
final
agency
action
and
shall
transmit
a
copy
of
the
decree
to
the
commissioner
director
and
the
employer
named
in
the
petition.
5.
Any
penalties
recovered
pursuant
to
this
section
shall
be
remitted
by
the
commissioner
director
to
the
treasurer
of
state
for
deposit
in
the
general
fund
of
the
state.
6.
Mayors
and
police
officers,
sheriffs,
school
superintendents,
and
school
truant
and
attendance
officers,
within
their
several
jurisdictions,
shall
cooperate
in
the
enforcement
of
this
chapter
and
furnish
the
commissioner
director
and
the
commissioner’s
director’s
designees
with
all
information
coming
to
their
knowledge
regarding
violations
of
this
chapter
.
All
such
officers
and
any
person
authorized
in
writing
by
a
court
of
record
shall
have
the
authority
to
enter,
for
the
purpose
of
investigation,
any
of
the
establishments
and
places
mentioned
in
this
chapter
and
to
freely
question
any
person
therein
as
to
any
violations
of
this
chapter
.
7.
County
attorneys
shall
investigate
all
complaints
made
to
them
of
violations
of
this
chapter
,
and
prosecute
all
such
cases
Senate
File
514,
p.
986
of
violation
within
their
respective
counties.
Sec.
1861.
Section
96.1A,
subsection
23,
Code
2023,
is
amended
to
read
as
follows:
23.
“Hospital”
means
an
institution
which
has
been
licensed,
certified,
or
approved
by
the
department
of
inspections
,
and
appeals
,
and
licensing
as
a
hospital.
Sec.
1862.
Section
97B.20A,
Code
2023,
is
amended
to
read
as
follows:
97B.20A
Appeal
procedure.
Members
and
third-party
payees
may
appeal
any
decision
made
by
the
system
that
affects
their
rights
under
this
chapter
.
The
appeal
shall
be
filed
with
the
system
within
thirty
days
after
the
notification
of
the
decision
was
mailed
to
the
party’s
last
known
mailing
address,
or
the
decision
of
the
system
is
final.
If
the
party
appeals
the
decision
of
the
system,
the
system
shall
conduct
an
internal
review
of
the
decision
and
the
chief
executive
officer
shall
notify
the
individual
who
has
filed
the
appeal
in
writing
of
the
system’s
decision.
The
individual
who
has
filed
the
appeal
may
file
an
appeal
of
the
system’s
final
decision
with
the
system
under
chapter
17A
by
notifying
the
system
of
the
appeal
in
writing
within
thirty
days
after
the
notification
of
its
final
decision
was
mailed
to
the
party’s
last
known
mailing
address.
Once
notified,
the
system
shall
forward
the
appeal
to
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1863.
Section
97B.20B,
Code
2023,
is
amended
to
read
as
follows:
97B.20B
Hearing
by
administrative
law
judge.
If
an
appeal
is
filed
and
is
not
withdrawn,
an
administrative
law
judge
in
the
department
of
inspections
,
and
appeals
,
and
licensing
,
after
affording
the
parties
reasonable
opportunity
for
fair
hearing,
shall
affirm,
modify,
or
reverse
the
decision
of
the
system.
The
hearing
shall
be
recorded
by
mechanical
means
and
a
transcript
of
the
hearing
shall
be
made.
The
transcript
shall
then
be
made
available
for
use
by
the
employment
appeal
board
and
by
the
courts
at
subsequent
judicial
review
proceedings
under
the
Iowa
administrative
procedure
Act,
chapter
17A
,
if
any.
The
parties
shall
be
duly
notified
of
the
administrative
law
judge’s
decision,
together
with
the
Senate
File
514,
p.
987
administrative
law
judge’s
reasons.
The
decision
is
final
unless,
within
thirty
days
after
the
date
of
notification
or
mailing
of
the
decision,
review
by
the
employment
appeal
board
is
initiated
pursuant
to
section
97B.27
.
Sec.
1864.
Section
97B.27,
Code
2023,
is
amended
to
read
as
follows:
97B.27
Review
of
decision.
Anyone
aggrieved
by
the
decision
of
the
administrative
law
judge
may,
at
any
time
before
the
administrative
law
judge’s
decision
becomes
final,
petition
the
department
of
inspections
,
and
appeals
,
and
licensing
for
review
by
the
employment
appeal
board
established
in
section
10A.601
.
The
appeal
board
shall
review
the
record
made
before
the
administrative
law
judge,
but
no
additional
evidence
shall
be
heard.
On
the
basis
of
the
record
the
appeal
board
shall
affirm,
modify,
or
reverse
the
decision
of
the
administrative
law
judge
and
shall
determine
the
rights
of
the
appellant.
It
shall
promptly
notify
the
appellant
and
any
other
interested
party
by
written
decision.
Sec.
1865.
Section
99B.1,
subsection
13,
Code
2023,
is
amended
to
read
as
follows:
13.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1866.
Section
99B.6,
Code
2023,
is
amended
to
read
as
follows:
99B.6
Attorney
general
and
county
attorney
——
prosecution.
Upon
request
of
the
department
of
inspections
,
and
appeals
,
and
licensing
or
the
division
of
criminal
investigation
of
the
department
of
public
safety,
the
attorney
general
shall
institute
in
the
name
of
the
state
the
proper
proceedings
against
a
person
charged
by
either
department
with
violating
this
chapter
,
and
a
county
attorney,
at
the
request
of
the
attorney
general,
shall
appear
and
prosecute
an
action
when
brought
in
the
county
attorney’s
county.
Sec.
1867.
Section
99B.7,
Code
2023,
is
amended
to
read
as
follows:
99B.7
Division
of
criminal
investigation.
The
division
of
criminal
investigation
of
the
department
of
public
safety
may
investigate
to
determine
licensee
compliance
with
the
requirements
of
this
chapter
.
Investigations
may
be
Senate
File
514,
p.
988
conducted
either
on
the
criminal
investigation
division’s
own
initiative
or
at
the
request
of
the
department
of
inspections
,
and
appeals
,
and
licensing
.
The
criminal
investigation
division
and
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
cooperate
to
the
maximum
extent
possible
on
an
investigation.
Sec.
1868.
Section
99B.58,
Code
2023,
is
amended
to
read
as
follows:
99B.58
Electrical
or
mechanical
amusement
devices
——
special
fund.
Fees
collected
by
the
department
pursuant
to
sections
99B.53
and
99B.56
shall
be
deposited
in
a
special
fund
created
in
the
state
treasury.
Moneys
in
the
fund
are
appropriated
to
the
department
of
inspections
,
and
appeals
,
and
licensing
and
the
department
of
public
safety
for
administration
and
enforcement
of
this
subchapter
,
including
employment
of
necessary
personnel.
The
distribution
of
moneys
in
the
fund
to
the
department
of
inspections
,
and
appeals
,
and
licensing
and
the
department
of
public
safety
shall
be
pursuant
to
a
written
policy
agreed
upon
by
the
departments.
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
earnings
on
moneys
deposited
in
the
fund
shall
be
credited
to
the
fund.
Notwithstanding
section
8.33
,
moneys
remaining
in
the
fund
at
the
end
of
a
fiscal
year
shall
not
revert
to
the
general
fund
of
the
state.
Sec.
1869.
Section
99D.5,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
state
racing
and
gaming
commission
is
created
within
the
department
of
inspections
,
and
appeals
,
and
licensing
consisting
of
five
members
who
shall
be
appointed
by
the
governor
subject
to
confirmation
by
the
senate,
and
who
shall
serve
not
to
exceed
a
three-year
term
at
the
pleasure
of
the
governor.
The
term
of
each
member
shall
begin
and
end
as
provided
in
section
69.19
.
Sec.
1870.
Section
99F.4B,
Code
2023,
is
amended
to
read
as
follows:
99F.4B
Rules.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
cooperate
to
the
maximum
extent
possible
with
the
division
of
criminal
investigation
in
adopting
rules
relating
to
the
Senate
File
514,
p.
989
gaming
operations
in
this
chapter
and
chapters
99D
and
99E
.
Sec.
1871.
Section
99F.20,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
gaming
regulatory
revolving
fund
is
created
in
the
state
treasury
under
the
control
of
the
department
of
inspections
,
and
appeals
,
and
licensing
.
The
fund
shall
consist
of
fees
collected
and
deposited
into
the
fund
paid
by
licensees
pursuant
to
section
99D.14,
subsection
2
,
paragraph
“c”
,
fees
paid
by
licensees
pursuant
to
section
99E.5,
subsection
4
,
paragraph
“c”
,
regulatory
fees
paid
by
licensees
pursuant
to
section
99F.4,
subsection
27
,
and
fees
paid
by
licensees
pursuant
to
section
99F.10,
subsection
4
,
paragraph
“c”
.
All
costs
relating
to
racetrack,
excursion
boat,
gambling
structure,
internet
fantasy
sports
contests
as
defined
in
section
99E.1
,
and
sports
wagering
regulation
shall
be
paid
from
the
fund
as
provided
in
appropriations
made
for
this
purpose
by
the
general
assembly.
The
department
shall
provide
quarterly
reports
to
the
department
of
management
and
the
legislative
services
agency
specifying
revenues
billed
and
collected
and
expenditures
from
the
fund
in
a
format
as
determined
by
the
department
of
management
in
consultation
with
the
legislative
services
agency.
Sec.
1872.
Section
123.3,
subsection
23,
Code
2023,
is
amended
to
read
as
follows:
23.
“Hotel”
or
“motel”
means
premises
licensed
by
the
department
of
inspections
,
and
appeals
,
and
licensing
and
regularly
or
seasonally
kept
open
in
a
bona
fide
manner
for
the
lodging
of
transient
guests,
and
with
twenty
or
more
sleeping
rooms.
Sec.
1873.
Section
123.10,
subsection
15,
Code
2023,
is
amended
to
read
as
follows:
15.
Prescribing
the
uniform
fee,
not
to
exceed
one
hundred
dollars,
to
be
assessed
against
a
licensee
or
permittee
for
a
contested
case
hearing
conducted
by
the
division
or
by
an
administrative
law
judge
from
the
department
of
inspections
,
and
appeals
,
and
licensing
which
results
in
administrative
action
taken
against
the
licensee
or
permittee
by
the
division.
Sec.
1874.
Section
123.17,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
990
4.
The
treasurer
of
state
shall,
each
quarter,
prepare
an
estimate
of
the
gaming
revenues
and
of
the
moneys
to
be
deposited
in
the
beer
and
liquor
control
fund
that
will
become
available
during
the
remainder
of
the
appropriate
fiscal
year
for
the
purposes
described
in
subsection
3
.
The
department
of
management,
the
department
of
inspections
,
and
appeals
,
and
licensing
,
and
the
department
of
commerce
shall
take
appropriate
actions
to
provide
that
the
sum
of
the
amount
of
gaming
revenues
available
to
be
deposited
into
the
revenue
bonds
debt
service
fund
and
the
revenue
bonds
federal
subsidy
holdback
fund
during
a
fiscal
year
and
the
amount
of
moneys
to
be
deposited
in
the
beer
and
liquor
control
fund
available
to
be
deposited
into
the
revenue
bonds
debt
service
fund
and
the
revenue
bonds
federal
subsidy
holdback
fund
during
such
fiscal
year
will
be
sufficient
to
cover
any
anticipated
deficiencies.
Sec.
1875.
Section
123.30,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
As
a
condition
for
issuance
of
a
retail
alcohol
license
or
wine
or
beer
permit,
the
applicant
must
give
consent
to
members
of
the
fire,
police,
and
health
departments
and
the
building
inspector
of
cities;
the
county
sheriff
or
deputy
sheriff;
members
of
the
department
of
public
safety;
representatives
of
the
division
and
of
the
department
of
inspections
,
and
appeals
,
and
licensing
;
certified
police
officers;
and
any
official
county
health
officer
to
enter
upon
areas
of
the
premises
where
alcoholic
beverages
are
stored,
served,
or
sold,
without
a
warrant
during
business
hours
of
the
licensee
or
permittee
to
inspect
for
violations
of
this
chapter
or
ordinances
and
regulations
that
cities
and
boards
of
supervisors
may
adopt.
However,
a
subpoena
issued
under
section
421.17
or
a
warrant
is
required
for
inspection
of
private
records,
a
private
business
office,
or
attached
living
quarters.
Persons
who
are
not
certified
peace
officers
shall
limit
the
scope
of
their
inspections
of
licensed
premises
to
the
regulatory
authority
under
which
the
inspection
is
conducted.
All
persons
who
enter
upon
a
licensed
premises
to
conduct
an
inspection
shall
present
appropriate
identification
to
the
owner
of
the
establishment
or
the
person
who
appears
to
be
in
charge
of
the
establishment
prior
to
commencing
an
inspection;
Senate
File
514,
p.
991
however,
this
provision
does
not
apply
to
undercover
criminal
investigations
conducted
by
peace
officers.
Sec.
1876.
Section
123.32,
subsection
6,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Upon
receipt
of
an
application
having
been
approved
by
the
local
authority,
the
division
shall
make
an
investigation
as
the
administrator
deems
necessary
to
determine
that
the
applicant
complies
with
all
requirements
for
holding
a
license,
and
may
require
the
applicant
to
appear
to
be
examined
under
oath
to
demonstrate
that
the
applicant
complies
with
all
of
the
requirements
to
hold
a
license.
If
the
administrator
requires
the
applicant
to
appear
and
to
testify
under
oath,
a
record
shall
be
made
of
all
testimony
or
evidence
and
the
record
shall
become
a
part
of
the
application.
The
administrator
may
appoint
a
member
of
the
division
or
may
request
an
administrative
law
judge
of
the
department
of
inspections
,
and
appeals
,
and
licensing
to
receive
the
testimony
under
oath
and
evidence,
and
to
issue
a
proposed
decision
to
approve
or
disapprove
the
application
for
a
license.
The
administrator
may
affirm,
reverse,
or
modify
the
proposed
decision
to
approve
or
disapprove
the
application
for
the
license.
If
the
application
is
approved
by
the
administrator,
the
license
shall
be
issued.
If
the
application
is
disapproved
by
the
administrator,
the
applicant
shall
be
so
notified
by
certified
mail
or
personal
service
and
the
appropriate
local
authority
shall
be
notified
electronically,
or
in
a
manner
prescribed
by
the
administrator.
Sec.
1877.
Section
123.32,
subsections
7
and
9,
Code
2023,
are
amended
to
read
as
follows:
7.
Appeal
to
administrator.
An
applicant
for
a
retail
alcohol
license
may
appeal
from
the
local
authority’s
disapproval
of
an
application
for
a
license
or
permit
to
the
administrator.
In
the
appeal
the
applicant
shall
be
allowed
the
opportunity
to
demonstrate
in
an
evidentiary
hearing
conducted
pursuant
to
chapter
17A
that
the
applicant
complies
with
all
of
the
requirements
for
holding
the
license
or
permit.
The
administrator
may
appoint
a
member
of
the
division
or
may
request
an
administrative
law
judge
from
the
department
of
inspections
,
and
appeals
,
and
licensing
to
conduct
the
evidentiary
hearing
and
to
render
a
proposed
decision
to
Senate
File
514,
p.
992
approve
or
disapprove
the
issuance
of
the
license
or
permit.
The
administrator
may
affirm,
reverse,
or
modify
the
proposed
decision.
If
the
administrator
determines
that
the
applicant
complies
with
all
of
the
requirements
for
holding
a
license
or
permit,
the
administrator
shall
order
the
issuance
of
the
license
or
permit.
If
the
administrator
determines
that
the
applicant
does
not
comply
with
the
requirements
for
holding
a
license
or
permit,
the
administrator
shall
disapprove
the
issuance
of
the
license
or
permit.
9.
Suspension
by
local
authority.
A
retail
alcohol
licensee
whose
license
has
been
suspended
or
revoked
or
a
civil
penalty
imposed
by
a
local
authority
for
a
violation
of
this
chapter
or
suspended
by
a
local
authority
for
violation
of
a
local
ordinance
may
appeal
the
suspension,
revocation,
or
civil
penalty
to
the
administrator.
The
administrator
may
appoint
a
member
of
the
division
or
may
request
an
administrative
law
judge
from
the
department
of
inspections
,
and
appeals
,
and
licensing
to
hear
the
appeal
which
shall
be
conducted
in
accordance
with
chapter
17A
and
to
issue
a
proposed
decision.
The
administrator
may
review
the
proposed
decision
upon
the
motion
of
a
party
to
the
appeal
or
upon
the
administrator’s
own
motion
in
accordance
with
chapter
17A
.
Upon
review
of
the
proposed
decision,
the
administrator
may
affirm,
reverse,
or
modify
the
proposed
decision.
A
retail
alcohol
licensee
or
a
local
authority
aggrieved
by
a
decision
of
the
administrator
may
seek
judicial
review
of
the
decision
pursuant
to
chapter
17A
.
Sec.
1878.
Section
123.39,
subsection
1,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
Before
suspension,
revocation,
or
imposition
of
a
civil
penalty
by
the
administrator,
the
license,
permit,
or
certificate
holder
shall
be
given
written
notice
and
an
opportunity
for
a
hearing.
The
administrator
may
appoint
a
member
of
the
division
or
may
request
an
administrative
law
judge
from
the
department
of
inspections
,
and
appeals
,
and
licensing
to
conduct
the
hearing
and
issue
a
proposed
decision.
Upon
the
motion
of
a
party
to
the
hearing
or
upon
the
administrator’s
own
motion,
the
administrator
may
review
the
proposed
decision
in
accordance
with
chapter
17A
.
Upon
review
of
the
proposed
decision,
the
administrator
may
affirm,
Senate
File
514,
p.
993
reverse,
or
modify
the
proposed
decision.
A
license,
permit,
or
certificate
holder
aggrieved
by
a
decision
of
the
administrator
may
seek
judicial
review
of
the
administrator’s
decision
in
accordance
with
chapter
17A
.
Sec.
1879.
Section
125.18,
Code
2023,
is
amended
to
read
as
follows:
125.18
Hearing
before
board.
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
board
shall
be
expeditiously
arranged
by
the
department
of
inspections
,
and
appeals
,
and
licensing
whose
decision
is
subject
to
review
by
the
board.
The
board
shall
issue
a
written
statement
of
the
board’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
board
unless
a
quorum
is
present
at
the
meeting.
A
copy
of
the
board’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
board
in
accordance
with
the
terms
of
chapter
17A
.
Sec.
1880.
Section
135.16A,
subsection
1,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
“Grocery
store”
means
a
food
establishment
as
defined
in
section
137F.1
licensed
by
the
department
of
inspections
,
and
appeals
,
and
licensing
pursuant
to
section
137F.4
,
to
sell
food
or
food
products
to
customers
intended
for
preparation
or
consumption
off
premises.
Sec.
1881.
Section
135.16A,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
assist
the
Iowa
department
of
public
health
in
adopting
rules
necessary
to
implement
and
administer
this
section
.
Sec.
1882.
Section
135.63,
subsection
2,
paragraph
g,
subparagraph
(1),
subparagraph
division
(a),
Code
2023,
is
amended
to
read
as
follows:
(a)
The
institutional
health
facility
reports
to
the
department
the
number
and
type
of
beds
reduced
on
a
form
Senate
File
514,
p.
994
prescribed
by
the
department
at
least
thirty
days
before
the
reduction.
In
the
case
of
a
health
care
facility,
the
new
bed
total
must
be
consistent
with
the
number
of
licensed
beds
at
the
facility.
In
the
case
of
a
hospital,
the
number
of
beds
must
be
consistent
with
bed
totals
reported
to
the
department
of
inspections
,
and
appeals
,
and
licensing
for
purposes
of
licensure
and
certification.
Sec.
1883.
Section
135B.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1884.
Section
135C.1,
subsections
4,
6,
and
20,
Code
2023,
are
amended
to
read
as
follows:
4.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
6.
“Director”
means
the
director
of
the
department
of
inspections
,
and
appeals
,
and
licensing
,
or
the
director’s
designee.
20.
“Residential
care
facility”
means
any
institution,
place,
building,
or
agency
providing
for
a
period
exceeding
twenty-four
consecutive
hours
accommodation,
board,
personal
assistance
and
other
essential
daily
living
activities
to
three
or
more
individuals,
not
related
to
the
administrator
or
owner
thereof
within
the
third
degree
of
consanguinity,
who
by
reason
of
illness,
disease,
or
physical
or
mental
infirmity
are
unable
to
sufficiently
or
properly
care
for
themselves
but
who
do
not
require
the
services
of
a
registered
or
licensed
practical
nurse
except
on
an
emergency
basis
or
who
by
reason
of
illness,
disease,
or
physical
or
mental
infirmity
are
unable
to
sufficiently
or
properly
care
for
themselves
but
who
do
not
require
the
services
of
a
registered
or
licensed
practical
nurse
except
on
an
emergency
basis
if
home
and
community-based
services,
other
than
nursing
care,
as
defined
by
this
chapter
and
departmental
rule,
are
provided.
For
the
purposes
of
this
definition,
the
home
and
community-based
services
to
be
provided
are
limited
to
the
type
included
under
the
medical
assistance
program
provided
pursuant
to
chapter
249A
,
are
subject
to
cost
limitations
established
by
the
department
of
human
services
under
the
medical
assistance
program,
and
except
Senate
File
514,
p.
995
as
otherwise
provided
by
the
department
of
inspections
,
and
appeals
,
and
licensing
with
the
concurrence
of
the
department
of
human
services,
are
limited
in
capacity
to
the
number
of
licensed
residential
care
facilities
and
the
number
of
licensed
residential
care
facility
beds
in
the
state
as
of
December
1,
2003.
Sec.
1885.
Section
135C.4,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
For
the
purposes
of
this
section
,
the
home
and
community-based
services
to
be
provided
shall
be
limited
to
the
type
included
under
the
medical
assistance
program
provided
pursuant
to
chapter
249A
,
shall
be
subject
to
cost
limitations
established
by
the
department
of
human
services
under
the
medical
assistance
program,
and
except
as
otherwise
provided
by
the
department
of
inspections
,
and
appeals
,
and
licensing
with
the
concurrence
of
the
department
of
human
services,
shall
be
limited
in
capacity
to
the
number
of
licensed
residential
care
facilities
and
the
number
of
licensed
residential
care
facility
beds
in
the
state
as
of
December
1,
2003.
Sec.
1886.
Section
135C.19,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
If
the
facility
cited
subsequently
advises
the
department
of
human
services
that
the
violation
has
been
corrected
to
the
satisfaction
of
the
department
of
inspections
,
and
appeals
,
and
licensing
,
the
department
of
human
services
shall
maintain
this
advisory
in
the
same
file
with
the
copy
of
the
citation.
The
department
of
human
services
shall
not
disseminate
to
the
public
any
information
regarding
citations
issued
by
the
department
of
inspections
,
and
appeals
,
and
licensing
,
but
shall
forward
or
refer
inquiries
to
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1887.
Section
135C.31A,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
health
care
facility
shall
assist
the
Iowa
department
of
veterans
affairs
in
identifying,
upon
admission
of
a
resident,
the
resident’s
eligibility
for
benefits
through
the
United
States
department
of
veterans
affairs.
The
department
of
inspections
,
and
appeals
,
and
licensing
,
in
cooperation
with
the
department
of
human
services,
shall
adopt
rules
to
Senate
File
514,
p.
996
administer
this
section
,
including
a
provision
that
ensures
that
if
a
resident
is
eligible
for
benefits
through
the
United
States
department
of
veterans
affairs
or
other
third-party
payor,
the
payor
of
last
resort
for
reimbursement
to
the
health
care
facility
is
the
medical
assistance
program.
The
rules
shall
also
require
the
health
care
facility
to
request
information
from
a
resident
or
resident’s
personal
representative
regarding
the
resident’s
veteran
status
and
to
report
to
the
Iowa
department
of
veterans
affairs
only
the
names
of
residents
identified
as
potential
veterans
along
with
the
names
of
their
spouses
and
any
dependents.
Information
reported
by
the
health
care
facility
shall
be
verified
by
the
Iowa
department
of
veterans
affairs.
This
section
shall
not
apply
to
the
admission
of
an
individual
to
a
state
mental
health
institute
for
acute
psychiatric
care
or
to
the
admission
of
an
individual
to
the
Iowa
veterans
home.
Sec.
1888.
Section
135C.31A,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
department
of
inspections
,
and
appeals
,
and
licensing
,
the
department
of
veterans
affairs,
and
the
department
of
human
services
shall
identify
any
barriers
to
residents
in
accessing
such
prescription
drug
benefits
and
shall
assist
health
care
facilities
in
adjusting
their
procedures
for
medication
administration
to
comply
with
this
subsection
.
Sec.
1889.
Section
135C.33,
subsection
7,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
department
of
inspections
,
and
appeals
,
and
licensing
,
in
conjunction
with
other
departments
and
agencies
of
state
government
involved
with
criminal
history
and
abuse
registry
information,
shall
establish
a
single
contact
repository
for
facilities
and
other
providers
to
have
electronic
access
to
data
to
perform
background
checks
for
purposes
of
employment,
as
required
of
the
facilities
and
other
providers
under
this
section
.
Sec.
1890.
Section
135C.34,
Code
2023,
is
amended
to
read
as
follows:
135C.34
Medication
aide
——
certification.
The
department
of
inspections
,
and
appeals
,
and
licensing
,
in
Senate
File
514,
p.
997
cooperation
with
other
appropriate
agencies,
shall
establish
a
procedure
to
allow
a
person
who
is
certified
as
a
medication
aide
in
another
state
to
become
certified
in
this
state
upon
completion
and
passage
of
both
the
certified
nurse
aide
and
certified
medication
aide
challenge
examinations,
without
additional
requirements
for
certification,
including
but
not
limited
to,
required
employment
in
this
state
prior
to
certification.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section
.
Sec.
1891.
Section
135G.1,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1892.
Section
135G.10,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
of
inspections
,
and
appeals
,
and
licensing
and
the
department
of
human
services
shall
collaborate
in
establishing
standards
for
licensing
of
subacute
care
facilities
to
achieve
all
of
the
following
objectives:
Sec.
1893.
Section
135G.10,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
department
of
inspections
,
and
appeals
,
and
licensing
,
in
consultation
with
the
department
of
human
services
and
affected
professional
groups,
shall
adopt
and
enforce
rules
setting
out
the
standards
for
a
subacute
care
facility
and
the
rights
of
the
residents
admitted
to
a
subacute
care
facility.
The
department
of
inspections
,
and
appeals
,
and
licensing
and
the
department
of
human
services
shall
coordinate
the
adoption
of
rules
and
the
enforcement
of
the
rules
in
order
to
prevent
duplication
of
effort
by
the
departments
and
of
requirements
of
the
licensee.
Sec.
1894.
Section
135G.11,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Upon
receipt
of
a
complaint
made
in
accordance
with
subsection
1
,
the
department
shall
make
a
preliminary
review
of
the
complaint.
Unless
the
department
concludes
that
the
complaint
is
intended
to
harass
a
subacute
care
facility
or
a
licensee
or
is
without
reasonable
basis,
it
shall
within
twenty
working
days
of
receipt
of
the
complaint
make
or
cause
Senate
File
514,
p.
998
to
be
made
an
on-site
inspection
of
the
subacute
care
facility
which
is
the
subject
of
the
complaint.
The
department
of
inspections
,
and
appeals
,
and
licensing
may
refer
to
the
department
of
human
services
any
complaint
received
by
the
department
of
inspections
,
and
appeals
,
and
licensing
if
the
complaint
applies
to
rules
adopted
by
the
department
of
human
services.
The
complainant
shall
also
be
notified
of
the
name,
address,
and
telephone
number
of
the
designated
protection
and
advocacy
agency
if
the
alleged
violation
involves
a
facility
with
one
or
more
residents
with
a
developmental
disability
or
mental
illness.
In
any
case,
the
complainant
shall
be
promptly
informed
of
the
result
of
any
action
taken
by
the
department
in
the
matter.
Sec.
1895.
Section
135H.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1896.
Section
135H.10,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
department
of
inspections
and
appeals
,
in
consultation
with
the
department
of
human
services
and
affected
professional
groups,
shall
adopt
and
enforce
rules
setting
out
the
standards
for
a
psychiatric
medical
institution
for
children
and
the
rights
of
the
residents
admitted
to
a
psychiatric
institution.
The
department
of
inspections
and
appeals
and
the
department
of
human
services
shall
coordinate
the
adoption
of
rules
and
the
enforcement
of
the
rules
in
order
to
prevent
duplication
of
effort
by
the
departments
and
of
requirements
of
the
licensee.
Sec.
1897.
Section
135H.12,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Upon
receipt
of
a
complaint
made
in
accordance
with
section
135H.11
,
the
department
shall
make
a
preliminary
review
of
the
complaint.
Unless
the
department
concludes
that
the
complaint
is
intended
to
harass
a
psychiatric
institution
or
a
licensee
or
is
without
reasonable
basis,
it
shall
within
twenty
working
days
of
receipt
of
the
complaint
make
or
cause
to
be
made
an
on-site
inspection
of
the
psychiatric
institution
which
is
the
subject
of
the
complaint.
The
department
of
inspections
Senate
File
514,
p.
999
and
appeals
may
refer
to
the
department
of
human
services
any
complaint
received
by
the
department
if
the
complaint
applies
to
rules
adopted
by
the
department
of
human
services.
The
complainant
shall
also
be
notified
of
the
name,
address,
and
telephone
number
of
the
designated
protection
and
advocacy
agency
if
the
alleged
violation
involves
a
facility
with
one
or
more
residents
with
developmental
disabilities
or
mental
illness.
In
any
case,
the
complainant
shall
be
promptly
informed
of
the
result
of
any
action
taken
by
the
department
in
the
matter.
Sec.
1898.
Section
135J.1,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1899.
Section
135J.2,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
hospice
program
shall
meet
the
criteria
pursuant
to
section
135J.3
before
a
license
is
issued.
The
department
of
inspections
and
appeals
is
responsible
to
provide
the
necessary
personnel
to
inspect
the
hospice
program,
the
home
care
and
inpatient
care
provided
and
the
hospital
or
facility
used
by
the
hospice
to
determine
if
the
hospice
complies
with
necessary
standards
before
a
license
is
issued.
Hospices
that
are
certified
as
Medicare
hospice
providers
by
the
department
of
inspections
and
appeals
or
are
accredited
as
hospices
by
the
joint
commission
on
the
accreditation
of
health
care
organizations,
shall
be
licensed
without
inspection
by
the
department
of
inspections
and
appeals
.
Sec.
1900.
Section
135J.4,
Code
2023,
is
amended
to
read
as
follows:
135J.4
Inspection.
The
department
of
inspections
and
appeals
shall
make
or
be
responsible
for
inspections
of
the
hospice
program,
the
home
care
and
the
inpatient
care
provided
in
the
hospice
program,
and
the
hospital
or
facility
before
a
license
is
issued.
The
department
of
inspections
and
appeals
shall
inspect
the
hospice
program
periodically
after
initial
inspection.
Sec.
1901.
Section
135O.1,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
Senate
File
514,
p.
1000
1.
“Boarding
home”
means
a
premises
used
by
its
owner
or
lessee
for
the
purpose
of
letting
rooms
for
rental
to
three
or
more
persons
not
related
within
the
third
degree
of
consanguinity
to
the
owner
or
lessee
where
supervision
or
assistance
with
activities
of
daily
living
is
provided
to
such
persons.
A
boarding
home
does
not
include
a
facility,
home,
or
program
otherwise
subject
to
licensure
or
regulation
by
the
department
of
health
and
human
services
,
or
the
department
of
inspections
and
appeals,
or
department
of
public
health
.
2.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1902.
Section
135O.2,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
department
of
inspections
and
appeals
shall
adopt
rules
to
administer
this
chapter
in
consultation
with
the
departments
of
human
services
and
public
safety.
Sec.
1903.
Section
135O.3,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
interagency
approach
may
involve
a
multidisciplinary
team
consisting
of
employees
of
the
department
of
inspections
and
appeals
,
the
department
of
human
services,
the
state
fire
marshal,
and
the
division
of
criminal
investigation
of
the
department
of
public
safety,
or
other
local,
state,
and
federal
agencies.
Sec.
1904.
Section
135O.3,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
If
the
department
or
a
multidisciplinary
team
has
probable
cause
to
believe
that
a
boarding
home
is
in
violation
of
this
chapter
or
licensing
or
other
regulatory
requirements
of
the
department
of
human
services,
department
of
inspections
and
appeals
,
or
department
of
public
health,
or
that
dependent
adult
abuse
of
any
individual
living
in
a
boarding
home
has
occurred,
and
upon
producing
proper
identification,
is
denied
entry
to
the
boarding
home
or
access
to
any
individual
living
in
the
boarding
home
for
the
purpose
of
making
an
inspection
or
conducting
an
investigation,
the
department
or
multidisciplinary
team
may,
with
the
assistance
of
the
county
attorney
of
the
county
in
which
the
boarding
home
is
located,
apply
to
the
district
court
for
an
order
requiring
the
owner
or
lessee
to
permit
entry
to
Senate
File
514,
p.
1001
the
boarding
home
and
access
to
the
individuals
living
in
the
boarding
home.
Sec.
1905.
Section
135Q.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1906.
Section
137C.2,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
“Director”
means
the
director
of
the
department
of
inspections
,
and
appeals
,
and
licensing
or
the
director’s
designee.
3.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1907.
Section
137D.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1908.
Section
137F.1,
subsections
4
and
5,
Code
2023,
are
amended
to
read
as
follows:
4.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
5.
“Director”
means
the
director
of
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1909.
Section
137F.3A,
Code
2023,
is
amended
to
read
as
follows:
137F.3A
Municipal
corporation
inspections
——
contingent
appropriation.
1.
a.
The
department
of
inspections
and
appeals
may
employ
additional
full-time
equivalent
positions
to
enforce
the
provisions
of
this
chapter
and
chapters
137C
and
137D
,
with
the
approval
of
the
department
of
management,
if
either
of
the
following
apply:
(1)
A
municipal
corporation
operating
pursuant
to
a
chapter
28E
agreement
with
the
department
of
inspections
and
appeals
to
enforce
the
chapters
either
fails
to
renew
the
agreement
effective
after
April
1,
2007,
or
discontinues,
after
April
1,
2007,
enforcement
activities
in
one
or
more
jurisdictions
during
the
agreement
time
frame.
(2)
The
department
of
inspections
and
appeals
cancels
an
Senate
File
514,
p.
1002
agreement
after
April
1,
2007,
due
to
noncompliance
with
the
terms
of
the
agreement.
b.
Before
approval
may
be
given,
the
director
of
the
department
of
management
must
have
determined
that
the
expenses
exceed
the
funds
budgeted
by
the
general
assembly
for
food
inspections
to
the
department
of
inspections
and
appeals
.
The
department
of
inspections
and
appeals
may
hire
no
more
than
one
full-time
equivalent
position
for
each
six
hundred
inspections
required
pursuant
to
this
chapter
and
chapters
137C
and
137D
.
2.
Notwithstanding
chapter
137D
,
and
sections
137C.9
and
137F.6
,
if
the
conditions
described
in
this
section
are
met,
fees
imposed
pursuant
to
that
chapter
and
those
sections
shall
be
retained
by
and
are
appropriated
to
the
department
of
inspections
and
appeals
each
fiscal
year
to
provide
for
salaries,
support,
maintenance,
and
miscellaneous
purposes
associated
with
the
additional
inspections.
The
appropriation
made
in
this
subsection
is
not
applicable
in
a
fiscal
year
for
which
the
general
assembly
enacts
an
appropriation
made
for
the
purposes
described
in
this
subsection
.
Sec.
1910.
Section
147.77,
subsection
1,
paragraph
g,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
of
inspections
,
and
appeals
,
and
licensing
,
with
respect
to
rules
relating
to
the
following:
Sec.
1911.
Section
147.77,
subsection
1,
paragraph
g,
Code
2023,
is
amended
by
adding
the
following
new
subparagraphs:
NEW
SUBPARAGRAPH
.
(6)
For
applications
for
a
license
to
practice
asbestos
removal,
that
except
as
noted
in
rule,
only
worker
and
contractor/supervisor
license
applicants
must
submit
the
respiratory
protection
and
physician’s
certification
forms.
NEW
SUBPARAGRAPH
.
(7)
For
documentation
held
by
persons
licensed
for
asbestos
abatement
in
an
area
that
is
subject
to
a
disaster
emergency
proclamation,
that
the
director
of
the
department
of
inspections,
appeals,
and
licensing
deems
an
individual
contractor,
supervisor,
or
worker
to
be
licensed
and
authorized
for
asbestos
abatement
if
the
individual,
in
addition
to
other
specified
conditions,
makes
immediately
available
on
the
work
site
a
copy
of
a
physician’s
statement
indicating
that,
consistent
with
federal
law,
a
licensed
Senate
File
514,
p.
1003
physician
has
examined
the
individual
within
the
past
twelve
months
and
approved
the
individual
to
work
while
wearing
a
respirator.
NEW
SUBPARAGRAPH
.
(8)
That
the
contents
of
an
application
for
an
event
license
for
a
covered
athletic
event
other
than
a
professional
wrestling
event
shall
contain,
along
with
other
requirements,
a
copy
of
the
medical
license
of
the
ringside
physician
and
the
date,
time,
and
location
of
the
ringside
physician’s
examination
of
the
contestants.
NEW
SUBPARAGRAPH
.
(9)
For
the
responsibilities
of
the
promoter
of
an
athletic
event,
that
the
promoter
submit
test
results
to
the
ringside
physician
no
later
than
at
the
time
of
the
physical
showing
that
each
contestant
scheduled
for
the
event
tested
negative
for
the
human
immunodeficiency,
hepatitis
B,
and
hepatitis
C
viruses
within
the
one-year
period
prior
to
the
event,
and
that
the
contestant
shall
not
participate
and
the
physician
shall
notify
the
promoter
that
the
contestant
is
prohibited
from
participating
for
medical
reasons
if
specified
circumstances
occur.
NEW
SUBPARAGRAPH
.
(10)
For
injuries
during
a
professional
boxing
match,
that
if
a
contestant
claims
to
be
injured
during
the
bout,
the
referee
shall
stop
the
bout
and
request
the
attending
physician
to
make
an
examination.
If
the
physician
decides
that
the
contestant
has
been
injured
as
the
result
of
a
foul,
the
physician
shall
advise
the
referee
of
the
injury.
If
the
physician
is
of
the
opinion
that
the
injured
contestant
may
be
able
to
continue,
the
physician
shall
order
an
intermission,
after
which
the
physician
shall
make
another
examination
and
again
advise
the
referee
of
the
injured
contestant’s
condition.
It
shall
be
the
duty
of
the
promoter
to
have
an
approved
physician
in
attendance
during
the
entire
duration
of
all
bouts.
NEW
SUBPARAGRAPH
.
(11)
For
persons
allowed
in
a
ring
during
a
professional
boxing
match,
that
no
person
other
than
the
contestants
and
the
referee
shall
enter
the
ring
during
the
bout,
excepting
the
seconds
between
the
rounds
or
the
attending
physician
if
asked
by
the
referee
to
examine
an
injury
to
a
contestant.
NEW
SUBPARAGRAPH
.
(12)
For
the
weighing
of
contestants
in
a
professional
boxing
match,
that
contestants
shall
be
weighed
Senate
File
514,
p.
1004
and
examined
on
the
day
of
the
scheduled
match
by
the
attending
ring
physician
at
a
time
and
place
to
be
determined
by
the
state
commissioner
of
athletics.
NEW
SUBPARAGRAPH
.
(13)
For
attending
ring
physicians
during
a
professional
boxing
match,
that
when
a
boxer
has
been
injured
seriously,
knocked
out,
or
technically
knocked
out,
the
referee
shall
immediately
summon
the
attending
ring
physician
to
aid
the
stricken
boxer,
and
that
managers,
handlers,
and
seconds
shall
not
attend
to
the
stricken
boxer,
except
at
the
request
of
the
physician.
NEW
SUBPARAGRAPH
.
(14)
For
the
keeping
of
time
during
a
professional
boxing
match,
that
the
timekeeper
shall
keep
an
exact
record
of
time
taken
out
at
the
request
of
a
referee
for
an
examination
of
a
contestant
by
the
physician.
NEW
SUBPARAGRAPH
.
(15)
For
the
suspension
of
contestants
during
a
professional
boxing
match
that
is
an
elimination
tournament,
that
a
contestant
who
for
specified
reasons
is
not
permitted
to
box
in
the
state
for
a
period
of
time
shall
be
examined
by
a
physician
approved
by
the
state
commissioner
of
athletics
before
being
permitted
to
fight
again.
NEW
SUBPARAGRAPH
.
(16)
For
the
designation
of
officials
for
professional
kickboxing,
that
the
designation
of
physicians
is
subject
to
the
approval
of
the
state
commissioner
of
athletics
or
designee.
NEW
SUBPARAGRAPH
.
(17)
For
officials
for
a
mixed
martial
arts
event,
that
officials
shall
include
a
physician.
NEW
SUBPARAGRAPH
.
(18)
For
the
keeping
of
time
for
a
mixed
martial
arts
event,
that
the
timekeeper
shall
keep
an
exact
record
of
time
taken
out
at
the
request
of
a
referee
for
an
examination
of
a
contestant
by
the
physician.
NEW
SUBPARAGRAPH
.
(19)
For
persons
allowed
in
the
cage
during
a
mixed
martial
arts
event,
that
a
physician
may
enter
the
cage
to
examine
a
contestant
upon
the
request
of
the
referee.
NEW
SUBPARAGRAPH
.
(20)
For
the
decorum
of
persons
involved
in
a
mixed
martial
arts
event,
that
a
contestant
is
exempt
from
prohibitions
on
specified
conduct
while
interacting
with
the
contestant’s
opponent
during
a
round,
but
if
the
round
is
stopped
by
the
physician
or
referee
for
a
time
out,
the
Senate
File
514,
p.
1005
prohibitions
shall
apply
to
the
contestant.
NEW
SUBPARAGRAPH
.
(21)
For
the
examination
of
contestants
in
a
mixed
martial
arts
event,
that
on
the
day
of
the
event,
at
a
time
and
place
to
be
approved
by
the
state
commissioner
of
athletics,
the
ringside
physician
shall
conduct
a
rigorous
physical
examination
to
determine
the
contestant’s
fitness
to
participate
in
a
mixed
martial
arts
match,
and
that
a
contestant
deemed
not
fit
by
the
physician
shall
not
participate
in
the
event.
NEW
SUBPARAGRAPH
.
(22)
For
injuries
during
a
mixed
martial
arts
event,
that
if
a
contestant
claims
to
be
injured
or
when
a
contestant
has
been
injured
seriously
or
knocked
out,
the
referee
shall
immediately
stop
the
fight
and
summon
the
attending
ring
physician
to
make
an
examination
of
the
stricken
fighter.
If
the
physician
decides
that
the
contestant
has
been
injured,
the
physician
shall
advise
the
referee
of
the
severity
of
the
injury.
If
the
physician
is
of
the
opinion
the
injured
contestant
may
be
able
to
continue,
the
physician
shall
order
an
intermission,
after
which
the
physician
shall
make
another
examination
and
again
advise
the
referee
of
the
injured
contestant’s
condition.
Managers,
handlers,
and
seconds
shall
not
attend
to
the
stricken
fighter,
except
at
the
request
of
the
physician.
Sec.
1912.
Section
147.77,
subsection
1,
paragraph
p,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
labor
services
division
of
the
department
of
workforce
development
inspections,
appeals,
and
licensing
,
with
respect
to
rules
relating
to
the
following:
Sec.
1913.
Section
147.77,
subsection
1,
paragraph
p,
subparagraphs
(3)
through
(19),
Code
2023,
are
amended
by
striking
the
subparagraphs.
Sec.
1914.
Section
147.87,
Code
2023,
is
amended
to
read
as
follows:
147.87
Enforcement.
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
,
and
appeals
,
and
licensing
to
make
necessary
investigations.
Every
licensee
and
member
of
a
board
Senate
File
514,
p.
1006
shall
furnish
the
board
or
the
department
of
inspections
,
and
appeals
,
and
licensing
such
evidence
as
the
member
or
licensee
may
have
relative
to
any
alleged
violation
which
is
being
investigated.
Sec.
1915.
Section
147.88,
Code
2023,
is
amended
to
read
as
follows:
147.88
Inspections
and
investigations.
The
department
of
inspections
,
and
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
,
and
appeals
,
and
licensing
shall
employ
personnel
related
to
the
inspection
and
investigative
functions.
Sec.
1916.
Section
155A.13,
subsection
4,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
To
the
maximum
extent
possible,
the
board
shall
coordinate
the
rules
with
the
standards
and
conditions
described
in
paragraph
“a”
,
subparagraph
(4),
and
shall
coordinate
its
inspections
of
hospital
pharmacies
with
the
Medicare
surveys
of
the
department
of
inspections
,
and
appeals
,
and
licensing
and
with
the
board’s
inspections
with
respect
to
controlled
substances
conducted
under
contract
with
the
federal
government.
Sec.
1917.
Section
155A.15,
subsection
2,
paragraph
d,
subparagraph
(5),
Code
2023,
is
amended
to
read
as
follows:
(5)
A
licensed
health
care
facility
which
is
furnished
the
drug
or
device
by
a
pharmacy
for
storage
in
secured
emergency
pharmaceutical
supplies
containers
maintained
within
the
facility
in
accordance
with
rules
of
the
department
of
inspections
,
and
appeals
,
and
licensing
and
rules
of
the
board.
Sec.
1918.
Section
169.14,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
board,
upon
its
own
motion
or
upon
a
verified
complaint
in
writing,
may
request
the
department
of
inspections
,
and
appeals
,
and
licensing
to
conduct
an
investigation
of
the
charges
contained
in
the
complaint.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
report
its
findings
to
the
board,
and
the
board
may
issue
an
Senate
File
514,
p.
1007
order
fixing
the
time
and
place
for
hearing
if
a
hearing
is
deemed
warranted.
A
written
notice
of
the
time
and
place
of
the
hearing,
together
with
a
statement
of
the
charges,
shall
be
served
upon
the
licensee
at
least
ten
days
before
the
hearing
in
the
manner
required
for
the
service
of
notice
of
the
commencement
of
an
ordinary
action.
Sec.
1919.
Section
190B.102,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
department
of
agriculture
and
land
stewardship,
the
department
of
public
health,
the
department
of
human
services,
and
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
cooperate
with
the
department
of
revenue
to
administer
this
subchapter
.
Sec.
1920.
Section
217.34,
Code
2023,
is
amended
to
read
as
follows:
217.34
Debt
setoff.
The
investigations
division
of
the
department
of
inspections
,
and
appeals
,
and
licensing
and
the
department
of
human
services
shall
provide
assistance
to
set
off
against
a
person’s
or
provider’s
income
tax
refund
or
rebate
any
debt
which
has
accrued
through
written
contract,
nonpayment
of
premiums
pursuant
to
section
249A.3,
subsection
2
,
paragraph
“a”
,
subparagraph
(1),
subrogation,
departmental
recoupment
procedures,
or
court
judgment
and
which
is
in
the
form
of
a
liquidated
sum
due
and
owing
the
department
of
human
services.
The
department
of
inspections
,
and
appeals
,
and
licensing
,
with
approval
of
the
department
of
human
services,
shall
adopt
rules
under
chapter
17A
necessary
to
assist
the
department
of
administrative
services
in
the
implementation
of
the
setoff
under
section
8A.504
in
regard
to
money
owed
to
the
state
for
public
assistance
overpayments
or
nonpayment
of
premiums
as
specified
in
this
section
.
The
department
of
human
services
shall
adopt
rules
under
chapter
17A
necessary
to
assist
the
department
of
administrative
services
in
the
implementation
of
the
setoff
under
section
8A.504
,
in
regard
to
collections
by
the
child
support
recovery
unit
and
the
foster
care
recovery
unit.
Sec.
1921.
Section
217.35,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Notwithstanding
the
requirement
for
deposit
of
recovered
Senate
File
514,
p.
1008
moneys
under
section
239B.14
,
recovered
moneys
generated
through
fraud
and
recoupment
activities
are
appropriated
to
the
department
of
human
services
to
be
used
for
additional
fraud
and
recoupment
activities
performed
by
the
department
of
human
services
or
the
department
of
inspections
,
and
appeals
,
and
licensing
.
The
department
of
human
services
may
use
the
recovered
moneys
appropriated
to
add
not
more
than
five
full-time
equivalent
positions,
in
addition
to
those
funded
by
annual
appropriations.
The
appropriation
of
the
recovered
moneys
is
subject
to
both
of
the
following
conditions:
Sec.
1922.
Section
225C.4,
subsection
1,
paragraphs
t
and
u,
Code
2023,
are
amended
to
read
as
follows:
t.
In
cooperation
with
the
department
of
inspections
,
and
appeals
,
and
licensing
,
recommend
minimum
standards
under
section
227.4
for
the
care
of
and
services
to
persons
with
mental
illness
or
an
intellectual
disability
residing
in
county
care
facilities.
The
administrator
shall
also
cooperate
with
the
department
of
inspections
,
and
appeals
,
and
licensing
in
recommending
minimum
standards
for
care
of
and
services
provided
to
persons
with
mental
illness
or
an
intellectual
disability
living
in
a
residential
care
facility
regulated
under
chapter
135C
.
u.
In
cooperation
with
the
Iowa
department
of
public
health,
recommend
minimum
standards
for
the
maintenance
and
operation
of
public
or
private
facilities
offering
disability
services,
which
are
not
subject
to
licensure
by
the
department
or
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1923.
Section
225C.6,
subsection
1,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
Unless
another
governmental
body
sets
standards
for
a
service
available
to
persons
with
disabilities,
adopt
state
standards
for
that
service.
The
commission
shall
review
the
licensing
standards
used
by
the
department
of
human
services
or
department
of
inspections
,
and
appeals
,
and
licensing
for
those
facilities
providing
disability
services.
Sec.
1924.
Section
225C.6,
subsection
4,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
department
shall
coordinate
with
the
department
of
inspections
,
and
appeals
,
and
licensing
in
the
establishment
Senate
File
514,
p.
1009
of
facility-based
and
community-based,
subacute
mental
health
services.
Sec.
1925.
Section
227.4,
Code
2023,
is
amended
to
read
as
follows:
227.4
Standards
for
care
of
persons
with
mental
illness
or
an
intellectual
disability
in
county
care
facilities.
The
administrator,
in
cooperation
with
the
department
of
inspections
,
and
appeals
,
and
licensing
,
shall
recommend
and
the
mental
health
and
disability
services
commission
created
in
section
225C.5
shall
adopt,
or
amend
and
adopt,
standards
for
the
care
of
and
services
to
persons
with
mental
illness
or
an
intellectual
disability
residing
in
county
care
facilities.
The
standards
shall
be
enforced
by
the
department
of
inspections
,
and
appeals
,
and
licensing
as
a
part
of
the
licensure
inspection
conducted
pursuant
to
chapter
135C
.
The
objective
of
the
standards
is
to
ensure
that
persons
with
mental
illness
or
an
intellectual
disability
who
are
residents
of
county
care
facilities
are
not
only
adequately
fed,
clothed,
and
housed,
but
are
also
offered
reasonable
opportunities
for
productive
work
and
recreational
activities
suited
to
their
physical
and
mental
abilities
and
offering
both
a
constructive
outlet
for
their
energies
and,
if
possible,
therapeutic
benefit.
When
recommending
standards
under
this
section
,
the
administrator
shall
designate
an
advisory
committee
representing
administrators
of
county
care
facilities,
regional
administrators,
mental
health
and
disability
services
region
governing
boards,
and
county
care
facility
certified
volunteer
long-term
care
ombudsmen
to
assist
in
the
establishment
of
standards.
Sec.
1926.
Section
231.42,
subsections
4
and
10,
Code
2023,
are
amended
to
read
as
follows:
4.
Referrals
of
abuse,
neglect,
or
exploitation.
a.
If
abuse,
neglect,
or
exploitation
of
a
resident
or
tenant
is
suspected,
the
state
or
a
local
long-term
care
ombudsman
shall,
with
the
permission
of
the
resident
or
tenant
as
applicable
under
federal
law,
make
an
immediate
referral
to
the
department
of
inspections
,
and
appeals
,
and
licensing
,
the
department
of
human
services,
the
department
on
aging,
or
the
appropriate
law
enforcement
agency,
as
applicable.
Senate
File
514,
p.
1010
b.
If
the
department
of
inspections
,
and
appeals
,
and
licensing
responds
to
a
complaint
referred
by
the
state
or
a
local
long-term
care
ombudsman
against
a
long-term
care
facility,
assisted
living
program,
elder
group
home,
or
an
employee
of
such
entity,
copies
of
related
inspection
reports,
plans
of
correction,
and
notice
of
any
citations
and
sanctions
levied
against
the
facility,
program,
or
home
shall
be
forwarded
to
the
office
of
long-term
care
ombudsman.
10.
Change
in
operations.
A
long-term
care
facility,
assisted
living
program,
or
elder
group
home
shall
inform
the
office
of
long-term
care
ombudsman
in
writing
at
least
thirty
days
prior
to
any
change
in
operations,
programs,
services,
licensure,
or
certification
that
affects
residents
or
tenants,
including
but
not
limited
to
the
intention
to
close,
decertify,
or
change
ownership.
In
an
emergency
situation,
or
when
a
long-term
care
facility,
assisted
living
program,
or
elder
group
home
is
evacuated,
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
notify
the
office
of
long-term
care
ombudsman.
Sec.
1927.
Section
231.58,
Code
2023,
is
amended
to
read
as
follows:
231.58
Long-term
living
coordination.
The
director
may
convene
meetings,
as
necessary,
of
the
director
and
the
directors
of
human
services,
public
health,
and
inspections
,
and
appeals
,
and
licensing
,
to
assist
in
the
coordination
of
policy,
service
delivery,
and
long-range
planning
relating
to
the
long-term
living
system
and
older
Iowans
in
the
state.
The
group
may
consult
with
individuals,
institutions
and
entities
with
expertise
in
the
area
of
the
long-term
living
system
and
older
Iowans,
as
necessary,
to
facilitate
the
group’s
efforts.
Sec.
1928.
Section
231B.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
or
the
department’s
designee.
Sec.
1929.
Section
231C.2,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
or
the
department’s
designee.
Senate
File
514,
p.
1011
Sec.
1930.
Section
231C.5A,
Code
2023,
is
amended
to
read
as
follows:
231C.5A
Assessment
of
tenants
——
program
eligibility.
An
assisted
living
program
receiving
reimbursement
through
the
medical
assistance
program
under
chapter
249A
shall
assist
the
department
of
veterans
affairs
in
identifying,
upon
admission
of
a
tenant,
the
tenant’s
eligibility
for
benefits
through
the
United
States
department
of
veterans
affairs.
The
assisted
living
program
shall
also
assist
the
commission
of
veterans
affairs
in
determining
such
eligibility
for
tenants
residing
in
the
program
on
July
1,
2009.
The
department
of
inspections
,
and
appeals
,
and
licensing
,
in
cooperation
with
the
department
of
human
services,
shall
adopt
rules
to
administer
this
section
,
including
a
provision
that
ensures
that
if
a
tenant
is
eligible
for
benefits
through
the
United
States
department
of
veterans
affairs
or
other
third-party
payor,
the
payor
of
last
resort
for
reimbursement
to
the
assisted
living
program
is
the
medical
assistance
program.
The
rules
shall
also
require
the
assisted
living
program
to
request
information
from
a
tenant
or
tenant’s
personal
representative
regarding
the
tenant’s
veteran
status
and
to
report
to
the
department
of
veterans
affairs
only
the
names
of
tenants
identified
as
potential
veterans
along
with
the
names
of
their
spouses
and
any
dependents.
Information
reported
by
the
assisted
living
program
shall
be
verified
by
the
department
of
veterans
affairs.
Sec.
1931.
Section
231D.1,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1932.
Section
232.142,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
The
director,
the
director
of
the
department
of
human
rights,
or
a
designee
of
the
director
of
the
department
of
human
rights
shall
approve
annually
all
such
homes
established
and
maintained
under
the
provisions
of
this
chapter
.
A
home
shall
not
be
approved
unless
it
complies
with
minimal
rules
and
standards
adopted
by
the
director
and
has
been
inspected
by
the
department
of
inspections
,
and
appeals
,
and
licensing
.
The
Senate
File
514,
p.
1012
statewide
number
of
beds
in
the
homes
approved
by
the
director
shall
not
exceed
two
hundred
seventy-two
beds
beginning
July
1,
2017.
This
subsection
is
repealed
July
1,
2023.
Sec.
1933.
Section
234.12,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Upon
request
by
the
department
of
human
services,
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
conduct
investigations
into
possible
fraudulent
practices,
as
described
in
section
234.13
,
relating
to
food
programs
administered
by
the
department
of
human
services.
Sec.
1934.
Section
235.5,
Code
2023,
is
amended
to
read
as
follows:
235.5
Inspections.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
conduct
inspections
of
private
institutions
for
the
care
of
dependent,
neglected,
and
delinquent
children
in
accordance
with
procedures
established
pursuant
to
chapters
10A
and
17A
.
Sec.
1935.
Section
235A.15,
subsection
2,
paragraph
e,
subparagraph
(17),
Code
2023,
is
amended
to
read
as
follows:
(17)
To
the
department
of
inspections
,
and
appeals
,
and
licensing
for
purposes
of
record
checks
of
applicants
for
employment
with
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1936.
Section
235A.16,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
department
of
inspections
,
and
appeals
,
and
licensing
may
provide
access
to
the
single
contact
repository
established
under
section
135C.33,
subsection
7
,
for
criminal
and
abuse
history
checks
made
by
those
employers,
agencies,
and
other
persons
that
are
authorized
access
to
child
abuse
information
under
section
235A.15
and
are
required
by
law
to
perform
such
checks.
Sec.
1937.
Section
235B.1,
subsection
4,
paragraph
a,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
Advise
the
director
of
human
services,
the
director
of
the
department
on
aging,
the
director
of
inspections
,
and
appeals
,
and
licensing
,
the
director
of
public
health,
the
director
of
the
department
of
corrections,
and
the
director
of
human
rights
regarding
dependent
adult
abuse.
Senate
File
514,
p.
1013
Sec.
1938.
Section
235B.1,
subsection
4,
paragraph
b,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
The
advisory
council
shall
consist
of
twelve
members.
Eight
members
shall
be
appointed
by
and
serve
at
the
pleasure
of
the
governor.
Four
of
the
members
appointed
shall
be
appointed
on
the
basis
of
knowledge
and
skill
related
to
expertise
in
the
area
of
dependent
adult
abuse
including
professionals
practicing
in
the
disciplines
of
medicine,
public
health,
mental
health,
long-term
care,
social
work,
law,
and
law
enforcement.
Two
of
the
members
appointed
shall
be
members
of
the
general
public
with
an
interest
in
the
area
of
dependent
adult
abuse
and
two
of
the
members
appointed
shall
be
members
of
the
Iowa
caregivers
association.
In
addition,
the
membership
of
the
council
shall
include
the
director
or
the
director’s
designee
of
the
department
of
human
services,
the
department
on
aging,
the
Iowa
department
of
public
health,
and
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1939.
Section
235B.3,
subsection
1,
paragraph
a,
subparagraphs
(2),
(3),
and
(4),
Code
2023,
are
amended
to
read
as
follows:
(2)
However,
the
department
of
inspections
,
and
appeals
,
and
licensing
is
solely
responsible
for
the
evaluation
and
disposition
of
dependent
adult
abuse
cases
within
facilities
and
programs
pursuant
to
chapter
235E
and
shall
inform
the
department
of
human
services
of
such
evaluations
and
dispositions
pursuant
to
section
235E.2
.
(3)
If,
in
the
course
of
an
assessment
or
evaluation
of
a
report
of
dependent
adult
abuse,
the
department
of
human
services
or
the
department
of
inspections
and
appeals
determines
the
case
involves
wages,
workplace
safety,
or
other
labor
and
employment
matters
under
the
jurisdiction
of
the
department
of
inspections,
appeals,
and
licensing
or
the
division
of
labor
services
of
the
department
of
workforce
development
inspections,
appeals,
and
licensing
,
the
relevant
portions
of
the
case
shall
be
referred
to
the
department
of
inspections,
appeals,
and
licensing
or
the
division
,
as
applicable
.
(4)
If,
in
the
course
of
an
assessment
or
evaluation
of
a
report
of
dependent
adult
abuse,
the
department
of
human
Senate
File
514,
p.
1014
services
or
the
department
of
inspections
,
and
appeals
,
and
licensing
determines
that
the
case
involves
discrimination
under
the
jurisdiction
of
the
civil
rights
commission,
the
relevant
portions
of
the
case
shall
be
referred
to
the
commission.
Sec.
1940.
Section
235B.3,
subsection
10,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
If,
upon
completion
of
the
evaluation
or
upon
referral
from
the
department
of
inspections
,
and
appeals
,
and
licensing
,
the
department
determines
that
the
best
interests
of
the
dependent
adult
require
court
action,
the
department
shall
initiate
action
for
the
appointment
of
a
guardian
or
conservator
or
for
admission
or
commitment
to
an
appropriate
institution
or
facility
pursuant
to
the
applicable
procedures
under
chapter
125
,
222
,
229
,
or
633
,
or
shall
pursue
other
remedies
provided
by
law.
The
appropriate
county
attorney
shall
assist
the
department
in
the
preparation
of
the
necessary
papers
to
initiate
the
action
and
shall
appear
and
represent
the
department
at
all
district
court
proceedings.
Sec.
1941.
Section
235B.3,
subsection
14,
Code
2023,
is
amended
to
read
as
follows:
14.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
adopt
rules
which
require
facilities
or
programs
to
separate
an
alleged
dependent
adult
abuser
from
a
victim
following
an
allegation
of
perpetration
of
abuse
and
prior
to
the
completion
of
an
investigation
of
the
allegation.
Sec.
1942.
Section
235B.5,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
An
oral
report
of
suspected
dependent
adult
abuse
initially
made
to
the
central
registry
regarding
a
facility
or
program
as
defined
in
section
235E.1
shall
be
transmitted
by
the
department
to
the
department
of
inspections
,
and
appeals
,
and
licensing
on
the
first
working
day
following
the
submitting
of
the
report.
Sec.
1943.
Section
235B.6,
subsection
2,
paragraph
e,
subparagraph
(9),
Code
2023,
is
amended
to
read
as
follows:
(9)
The
department
of
inspections
,
and
appeals
,
and
licensing
for
purposes
of
record
checks
of
applicants
for
employment
with
the
department
of
inspections
,
and
appeals
,
and
Senate
File
514,
p.
1015
licensing
.
Sec.
1944.
Section
235B.7,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
department
of
inspections
,
and
appeals
,
and
licensing
may
provide
access
to
the
single
contact
repository
established
under
section
135C.33,
subsection
7
,
for
criminal
and
abuse
history
checks
made
by
those
employers,
agencies,
and
other
persons
that
are
authorized
access
to
dependent
adult
abuse
information
under
section
235B.6
and
are
required
by
law
to
perform
such
checks.
Sec.
1945.
Section
235B.16,
subsections
2
and
4,
Code
2023,
are
amended
to
read
as
follows:
2.
The
department,
in
cooperation
with
the
department
on
aging
and
the
department
of
inspections
,
and
appeals
,
and
licensing
,
shall
institute
a
program
of
education
and
training
for
persons,
including
members
of
provider
groups
and
family
members,
who
may
come
in
contact
with
dependent
adult
abuse.
The
program
shall
include
but
is
not
limited
to
instruction
regarding
recognition
of
dependent
adult
abuse
and
the
procedure
for
the
reporting
of
suspected
abuse.
4.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
provide
training
to
investigators
regarding
the
collection
and
preservation
of
evidence
in
the
case
of
suspected
dependent
adult
abuse.
Sec.
1946.
Section
235B.16A,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
department
of
human
services
shall
cooperate
with
the
department
on
aging,
the
departments
of
inspections
,
and
appeals
,
and
licensing
,
public
health,
public
safety,
and
workforce
development,
the
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.
1947.
Section
235E.1,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
“Department”
means
the
department
of
inspections
,
and
Senate
File
514,
p.
1016
appeals
,
and
licensing
.
Sec.
1948.
Section
235E.2,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
Any
other
person
who
believes
that
a
dependent
adult
has
suffered
dependent
adult
abuse
may
report
the
suspected
dependent
adult
abuse
to
the
department
of
inspections
,
and
appeals
,
and
licensing
.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
transfer
any
reports
received
of
dependent
adult
abuse
in
the
community
to
the
department
of
human
services.
The
department
of
human
services
shall
transfer
any
reports
received
of
dependent
adult
abuse
in
facilities
or
programs
to
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1949.
Section
235F.6,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
court
may
approve
a
consent
agreement
between
the
parties
entered
into
to
bring
about
the
cessation
of
elder
abuse.
A
consent
agreement
approved
under
this
section
shall
not
contain
any
of
the
following:
a.
A
provision
that
prohibits
any
party
to
the
action
from
contacting
or
cooperating
with
any
government
agency
including
the
department
of
human
services,
the
department
of
inspections
,
and
appeals
,
and
licensing
,
the
department
on
aging,
the
department
of
justice,
law
enforcement,
and
the
office
of
long-term
care
ombudsman;
a
licensing
or
regulatory
agency
that
has
jurisdiction
over
any
license
or
certification
held
by
the
defendant;
a
protection
and
advocacy
agency
recognized
in
section
135C.2
;
or
the
defendant’s
current
employer
if
the
defendant’s
professional
responsibilities
include
contact
with
vulnerable
elders,
dependent
adults,
or
minors,
if
the
party
contacting
or
cooperating
has
a
good-faith
belief
that
the
information
is
relevant
to
the
duties
or
responsibilities
of
the
entity.
b.
A
provision
that
prohibits
any
party
to
the
action
from
filing
a
complaint
with
or
reporting
a
violation
of
law
to
any
government
agency
including
the
department
of
human
services,
the
department
of
inspections
,
and
appeals
,
and
licensing
,
the
department
on
aging,
the
department
of
justice,
law
enforcement,
and
the
office
of
long-term
care
ombudsman;
a
Senate
File
514,
p.
1017
licensing
or
regulatory
agency
that
has
jurisdiction
over
any
license
or
certification
held
by
the
defendant;
a
protection
and
advocacy
agency
recognized
in
section
135C.2
;
or
the
defendant’s
current
employer.
c.
A
provision
that
requires
any
party
to
the
action
to
withdraw
a
complaint
filed
with
or
a
violation
reported
to
any
government
agency
including
the
department
of
human
services,
the
department
of
inspections
,
and
appeals
,
and
licensing
,
the
department
on
aging,
the
department
of
justice,
law
enforcement,
and
the
office
of
long-term
care
ombudsman;
a
licensing
or
regulatory
agency
that
has
jurisdiction
over
any
license
or
certification
held
by
the
defendant;
a
protection
and
advocacy
agency
recognized
in
section
135C.2
;
or
the
defendant’s
current
employer.
Sec.
1950.
Section
237.7,
Code
2023,
is
amended
to
read
as
follows:
237.7
Reports
and
inspections.
The
administrator
may
require
submission
of
reports
by
a
licensee,
and
shall
cause
at
least
one
annual
unannounced
inspection
of
each
facility
to
assess
the
quality
of
the
living
situation
and
to
determine
compliance
with
applicable
requirements
and
standards.
The
inspections
shall
be
conducted
by
the
department
of
inspections
,
and
appeals
,
and
licensing
.
The
director
of
the
department
of
inspections
,
and
appeals
,
and
licensing
may
examine
records
of
a
licensee,
including
but
not
limited
to
corporate
records
and
board
minutes,
and
may
inquire
into
matters
concerning
a
licensee
and
its
employees
relating
to
requirements
and
standards
for
child
foster
care
under
this
chapter
.
Sec.
1951.
Section
237A.1,
subsection
3,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
A
child
care
center
for
sick
children
operated
as
part
of
a
pediatrics
unit
in
a
hospital
licensed
by
the
department
of
inspections
,
and
appeals
,
and
licensing
pursuant
to
chapter
135B
.
Sec.
1952.
Section
237A.8,
Code
2023,
is
amended
to
read
as
follows:
237A.8
Violations
——
actions
against
license
or
registration.
The
administrator,
after
notice
and
opportunity
for
an
Senate
File
514,
p.
1018
evidentiary
hearing
before
the
department
of
inspections
,
and
appeals
,
and
licensing
,
may
suspend
or
revoke
a
license
or
certificate
of
registration
issued
under
this
chapter
or
may
reduce
a
license
to
a
provisional
license
if
the
person
to
whom
a
license
or
certificate
is
issued
violates
a
provision
of
this
chapter
or
if
the
person
makes
false
reports
regarding
the
operation
of
the
child
care
facility
to
the
administrator
or
a
designee
of
the
administrator.
The
administrator
shall
notify
the
parent,
guardian,
or
legal
custodian
of
each
child
for
whom
the
person
provides
child
care
at
the
time
of
action
to
suspend
or
revoke
a
license
or
certificate
of
registration.
Sec.
1953.
Section
237A.29,
subsection
2,
paragraph
b,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
child
care
provider
that
has
been
found
by
the
department
of
inspections
,
and
appeals
,
and
licensing
in
an
administrative
proceeding
or
in
a
judicial
proceeding
to
have
obtained,
or
has
agreed
to
entry
of
a
civil
judgment
or
judgment
by
confession
that
includes
a
conclusion
of
law
that
the
child
care
provider
has
obtained,
by
fraudulent
means,
public
funding
for
provision
of
child
care
in
an
amount
equal
to
or
in
excess
of
the
minimum
amount
for
a
fraudulent
practice
in
the
second
degree
under
section
714.10,
subsection
1
,
paragraph
“a”
,
shall
be
subject
to
sanction
in
accordance
with
this
subsection
.
Such
child
care
provider
shall
be
subject
to
a
period
during
which
receipt
of
public
funding
for
provision
of
child
care
is
conditioned
upon
no
further
violations
and
to
one
or
more
of
the
following
sanctions
as
determined
by
the
department
of
human
services:
Sec.
1954.
Section
237C.3,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
department
of
human
services
shall
consult
with
the
department
of
education,
the
department
of
inspections
,
and
appeals
,
and
licensing
,
the
department
of
public
health,
the
state
fire
marshal,
and
other
agencies
as
determined
by
the
department
of
human
services
to
establish
certification
standards
for
children’s
residential
facilities
in
accordance
with
this
chapter
.
Sec.
1955.
Section
237C.8,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
1019
237C.8
Reports
and
inspections.
The
administrator
may
require
submission
of
reports
by
a
certificate
of
approval
holder
and
shall
cause
at
least
one
annual
unannounced
inspection
of
a
children’s
residential
facility
to
assess
compliance
with
applicable
requirements
and
standards.
The
inspections
shall
be
conducted
by
the
department
of
inspections
,
and
appeals
,
and
licensing
in
addition
to
initial,
renewal,
and
other
inspections
that
result
from
complaints
or
self-reported
incidents.
The
department
of
inspections
,
and
appeals
,
and
licensing
and
the
department
of
human
services
may
examine
records
of
a
children’s
residential
facility
and
may
inquire
into
matters
concerning
the
children’s
residential
facility
and
its
employees,
volunteers,
and
subcontractors
relating
to
requirements
and
standards
for
children’s
residential
facilities
under
this
chapter
.
Sec.
1956.
Section
238.19,
Code
2023,
is
amended
to
read
as
follows:
238.19
Inspection
generally.
Authorized
employees
of
the
department
of
inspections
,
and
appeals
,
and
licensing
may
inspect
the
premises
and
conditions
of
the
agency
at
any
time
and
examine
every
part
of
the
agency;
and
may
inquire
into
all
matters
concerning
the
agency
and
the
children
in
the
care
of
the
agency.
Sec.
1957.
Section
238.20,
Code
2023,
is
amended
to
read
as
follows:
238.20
Minimum
inspection
——
record.
Authorized
employees
of
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
visit
and
inspect
the
premises
of
licensed
child-placing
agencies
at
least
once
every
twelve
months
and
make
and
preserve
written
reports
of
the
conditions
found.
Sec.
1958.
Section
239B.16,
Code
2023,
is
amended
to
read
as
follows:
239B.16
Appeal
——
judicial
review.
If
an
applicant’s
application
is
not
acted
upon
within
a
reasonable
time,
if
it
is
denied
in
whole
or
in
part,
or
if
a
participant’s
assistance
or
other
benefits
under
this
chapter
are
modified,
suspended,
or
canceled
under
a
provision
of
this
chapter
,
the
applicant
or
participant
may
appeal
to
the
Senate
File
514,
p.
1020
department
of
human
services
which
shall
request
the
department
of
inspections
,
and
appeals
,
and
licensing
to
conduct
a
hearing.
Upon
completion
of
a
hearing,
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
issue
a
decision
which
is
subject
to
review
by
the
department
of
human
services.
Judicial
review
of
the
actions
of
the
department
of
human
services
may
be
sought
in
accordance
with
chapter
17A
.
Upon
receipt
of
a
notice
of
the
filing
of
a
petition
for
judicial
review,
the
department
of
human
services
shall
furnish
the
petitioner
with
a
copy
of
any
papers
filed
in
support
of
the
petitioner’s
position,
a
transcript
of
any
testimony
taken,
and
a
copy
of
the
department’s
decision.
Sec.
1959.
Section
249.5,
Code
2023,
is
amended
to
read
as
follows:
249.5
Judicial
review.
If
an
application
is
not
acted
upon
within
a
reasonable
time,
if
it
is
denied
in
whole
or
in
part,
or
if
an
award
of
assistance
is
modified,
suspended,
or
canceled
under
a
provision
of
this
chapter
,
the
applicant
or
recipient
may
appeal
to
the
department
of
human
services,
which
shall
request
the
department
of
inspections
,
and
appeals
,
and
licensing
to
conduct
a
hearing.
Upon
completion
of
a
hearing,
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
issue
a
decision
which
is
subject
to
review
by
the
department
of
human
services.
Judicial
review
of
the
actions
of
the
department
of
human
services
may
be
sought
in
accordance
with
chapter
17A
.
Upon
receipt
of
the
petition
for
judicial
review,
the
department
of
human
services
shall
furnish
the
petitioner
with
a
copy
of
any
papers
filed
by
the
petitioner
in
support
of
the
petitioner’s
position,
a
transcript
of
any
testimony
taken,
and
a
copy
of
the
department’s
decision.
Sec.
1960.
Section
249.11,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
conduct
investigations
and
audits
as
deemed
necessary
to
ensure
compliance
with
state
supplementary
assistance
programs
administered
under
this
chapter
.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
cooperate
with
the
department
of
human
services
on
the
development
of
Senate
File
514,
p.
1021
procedures
relating
to
such
investigations
and
audits
to
ensure
compliance
with
federal
and
state
single
state
agency
requirements.
Sec.
1961.
Section
249A.4,
subsection
11,
Code
2023,
is
amended
to
read
as
follows:
11.
Shall
provide
an
opportunity
for
a
fair
hearing
before
the
department
of
inspections
,
and
appeals
,
and
licensing
to
an
individual
whose
claim
for
medical
assistance
under
this
chapter
is
denied
or
is
not
acted
upon
with
reasonable
promptness.
Upon
completion
of
a
hearing,
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
issue
a
decision
which
is
subject
to
review
by
the
department
of
human
services.
Judicial
review
of
the
decisions
of
the
department
of
human
services
may
be
sought
in
accordance
with
chapter
17A
.
If
a
petition
for
judicial
review
is
filed,
the
department
of
human
services
shall
furnish
the
petitioner
with
a
copy
of
the
application
and
all
supporting
papers,
a
transcript
of
the
testimony
taken
at
the
hearing,
if
any,
and
a
copy
of
its
decision.
Sec.
1962.
Section
249A.50,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
conduct
investigations
and
audits
as
deemed
necessary
to
ensure
compliance
with
the
medical
assistance
program
administered
under
this
chapter
.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
cooperate
with
the
department
of
human
services
on
the
development
of
procedures
relating
to
such
investigations
and
audits
to
ensure
compliance
with
federal
and
state
single
state
agency
requirements.
Sec.
1963.
Section
249A.50,
subsection
3,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
A
Medicaid
fraud
fund
is
created
in
the
state
treasury
under
the
authority
of
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Moneys
from
penalties,
investigative
costs
recouped
by
the
Medicaid
fraud
control
unit,
and
other
amounts
received
as
a
result
of
prosecutions
involving
the
department
of
inspections
,
and
appeals
,
and
licensing
investigations
and
audits
to
ensure
compliance
with
the
medical
Senate
File
514,
p.
1022
assistance
program
that
are
not
credited
to
the
program
shall
be
credited
to
the
fund.
Sec.
1964.
Section
321.11,
subsections
3
and
4,
Code
2023,
are
amended
to
read
as
follows:
3.
Notwithstanding
other
provisions
of
this
section
to
the
contrary,
the
department
shall
not
release
personal
information
to
a
person,
other
than
to
an
officer
or
employee
of
a
law
enforcement
agency,
an
employee
of
a
federal
or
state
agency
or
political
subdivision
in
the
performance
of
the
employee’s
official
duties,
a
contract
employee
of
the
department
of
inspections
,
and
appeals
,
and
licensing
in
the
conduct
of
an
investigation,
or
a
licensed
private
investigation
agency
or
a
licensed
security
service
or
a
licensed
employee
of
either,
if
the
information
is
requested
by
the
presentation
of
a
registration
plate
number.
In
addition,
an
officer
or
employee
of
a
law
enforcement
agency
may
release
the
name,
address,
and
telephone
number
of
a
motor
vehicle
registrant
to
a
person
requesting
the
information
by
the
presentation
of
a
registration
plate
number
if
the
officer
or
employee
of
the
law
enforcement
agency
believes
that
the
release
of
the
information
is
necessary
in
the
performance
of
the
officer’s
or
employee’s
duties.
4.
The
department
shall
not
release
personal
information
that
is
in
the
form
of
a
person’s
photograph
or
digital
image
or
a
digital
reproduction
of
a
person’s
photograph
to
a
person
other
than
an
officer
or
employee
of
a
law
enforcement
agency,
an
employee
of
a
federal
or
state
agency
or
political
subdivision
in
the
performance
of
the
employee’s
official
duties,
a
contract
employee
of
the
department
of
inspections
,
and
appeals
,
and
licensing
in
the
conduct
of
an
investigation,
or
a
licensed
private
investigation
agency
or
a
licensed
security
service
or
a
licensed
employee
of
either,
regardless
of
whether
a
person
has
provided
express
written
consent
to
disclosure
of
the
information.
The
department
may
collect
reasonable
fees
for
copies
of
records
or
other
services
provided
pursuant
to
this
section
or
section
22.3
,
321.10
,
or
622.46
.
Sec.
1965.
Section
321.19,
subsection
1,
paragraph
c,
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
(3)
Persons
in
the
department
of
justice,
the
alcoholic
Senate
File
514,
p.
1023
beverages
division
of
the
department
of
commerce,
disease
investigators
of
the
Iowa
department
of
public
health,
the
department
of
inspections
,
and
appeals
,
and
licensing
,
and
the
department
of
revenue,
who
are
regularly
assigned
to
conduct
investigations
which
cannot
reasonably
be
conducted
with
a
vehicle
displaying
“official”
state
registration
plates.
Sec.
1966.
Section
321.211,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Upon
suspending
the
license
of
a
person
as
authorized,
the
department
shall
immediately
notify
the
licensee
in
writing
and
upon
the
licensee’s
request
shall
afford
the
licensee
an
opportunity
for
a
hearing
before
the
department
of
inspections
,
and
appeals
,
and
licensing
as
early
as
practical
within
thirty
days
after
receipt
of
the
request.
The
hearing
shall
be
held
by
telephone
conference
unless
the
licensee
and
the
department
of
inspections
,
and
appeals
,
and
licensing
agree
to
hold
the
hearing
in
the
county
in
which
the
licensee
resides
or
in
some
other
county.
Upon
the
hearing
the
department
of
inspections
,
and
appeals
,
and
licensing
may
administer
oaths
and
issue
subpoenas
for
the
attendance
of
witnesses
and
the
production
of
relevant
books
and
papers
and
may
require
a
reexamination
of
the
licensee.
Upon
the
hearing
and
issuance
of
a
recommendation
by
the
department
of
inspections
,
and
appeals
,
and
licensing
,
the
state
department
of
transportation
shall
either
rescind
its
order
of
suspension
or
for
good
cause
may
extend
the
suspension
of
the
license
or
revoke
the
license.
This
section
does
not
preclude
the
director
from
attempting
to
effect
an
informal
settlement
under
chapter
17A
.
Sec.
1967.
Section
322.9,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
department
may
revoke
or
suspend
the
license
of
a
retail
motor
vehicle
dealer
if,
after
notice
and
hearing
by
the
department
of
inspections
,
and
appeals
,
and
licensing
,
it
finds
that
the
licensee
has
been
guilty
of
an
act
which
would
be
a
ground
for
the
denial
of
a
license
under
section
322.6
.
Sec.
1968.
Section
322.9,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
may
revoke
or
suspend
the
license
of
a
retail
motor
vehicle
dealer
if,
after
notice
and
hearing
by
the
Senate
File
514,
p.
1024
department
of
inspections
,
and
appeals
,
and
licensing
,
it
finds
that
the
licensee
has
been
convicted
or
has
forfeited
bail
on
three
charges
of:
Sec.
1969.
Section
322.24,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
state
department
of
transportation
and
the
department
of
inspections
,
and
appeals
,
and
licensing
may
issue
subpoenas
to
compel
the
attendance
of
witnesses
and
the
production
of
documents,
papers,
books,
records,
and
other
evidence
in
any
matter
over
which
the
respective
department
has
jurisdiction,
control,
or
supervision
pertaining
to
this
chapter
.
Sec.
1970.
Section
322A.3A,
subsection
4,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
After
a
hearing
held
as
described
in
this
subsection
,
the
department
of
inspections
,
and
appeals
,
and
licensing
may
affirm,
deny,
or
modify
the
proposed
alteration
of
a
franchisee’s
community,
may
enter
any
other
orders
necessary
to
ensure
that
an
alteration
of
the
franchisee’s
community
is
reasonable
in
light
of
all
the
relevant
circumstances,
and
may
assess
the
costs
of
the
hearing
among
the
parties
to
the
hearing
as
appropriate.
Sec.
1971.
Section
322A.5,
subsection
2,
paragraph
b,
subparagraph
(3),
subparagraph
division
(b),
Code
2023,
is
amended
to
read
as
follows:
(b)
Within
thirty
days
of
receiving
the
franchisee’s
submission,
the
franchiser
may
choose
to
audit
the
submitted
orders.
The
franchiser
shall
then
approve
or
deny
the
establishment
of
the
franchisee’s
average
percentage
markup
or
labor
rate.
If
the
franchiser
approves
the
establishment
of
the
franchisee’s
average
percentage
markup
or
labor
rate,
the
markup
or
rate
calculated
under
this
subparagraph
shall
go
into
effect
forty-five
days
after
the
date
of
the
franchiser’s
approval.
If
the
franchiser
denies
the
establishment
of
the
franchisee’s
average
percentage
markup
or
labor
rate,
the
franchisee
may
file
a
complaint
with
the
department
and
a
hearing
shall
be
held
before
the
department
of
inspections
,
and
appeals
,
and
licensing
.
The
franchiser
shall
have
the
burden
of
proof
to
establish
that
the
franchiser’s
denial
was
reasonable.
If
the
department
of
inspections
,
and
appeals
,
Senate
File
514,
p.
1025
and
licensing
finds
the
denial
was
not
reasonable,
the
denial
shall
be
deemed
a
violation
of
this
chapter
and
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
determine
the
franchisee’s
average
percentage
markup
or
labor
rate
for
purposes
of
calculating
a
reasonable
schedule
of
compensation.
In
making
such
a
determination,
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
not
consider
retail
service
orders
or
portions
of
retail
service
orders
attributable
to
routine
maintenance
such
as
tire
service
or
oil
service.
Sec.
1972.
Section
322A.6,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
An
applicant
seeking
permission
to
enter
into
a
franchise
for
additional
representation
of
the
same
line-make
in
a
community
shall
deposit
with
the
department
at
the
time
the
application
is
filed,
an
amount
of
money
to
be
determined
by
the
department
of
inspections
,
and
appeals
,
and
licensing
to
pay
the
costs
of
the
hearing.
Sec.
1973.
Section
322A.7,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Upon
receiving
an
application,
the
department
shall
notify
the
department
of
inspections
,
and
appeals
,
and
licensing
which
shall
enter
an
order
fixing
a
time,
which
shall
be
within
ninety
days
of
the
date
of
the
order,
and
place
of
hearing,
and
shall
send
by
certified
or
registered
mail,
with
return
receipt
requested,
a
copy
of
the
order
to
the
franchisee
whose
franchise
the
franchiser
seeks
to
terminate
or
not
continue,
or
to
the
franchiser
who
is
seeking
to
alter
a
franchisee’s
community,
as
applicable.
If
the
application
requests
permission
to
establish
an
additional
motor
vehicle
dealership,
a
copy
of
the
order
shall
be
sent
to
all
franchisees
in
the
community
who
are
then
engaged
in
the
business
of
offering
to
sell
or
selling
the
same
line-make.
If
the
application
challenges
the
reasonableness
of
a
proposed
alteration
to
a
franchisee’s
community,
a
copy
of
the
order
shall
be
sent
to
all
franchisees
located
in
Iowa
surrounding
the
affected
community
which
are
then
engaged
in
the
business
of
offering
to
sell
or
selling
the
same
line-make.
Copies
of
orders
shall
be
addressed
to
the
franchisee
at
the
place
where
the
business
is
conducted.
The
department
of
inspections
,
and
Senate
File
514,
p.
1026
appeals
,
and
licensing
may
also
give
notice
of
the
franchiser’s
application
to
any
other
parties
deemed
interested
persons,
the
notice
to
be
in
the
form
and
substance
and
given
in
the
manner
the
department
of
inspections
,
and
appeals
,
and
licensing
deems
appropriate.
Sec.
1974.
Section
322A.8,
Code
2023,
is
amended
to
read
as
follows:
322A.8
Continuation.
If
the
department
of
inspections
,
and
appeals
,
and
licensing
finds
it
desirable
it
may
upon
request
continue
the
date
of
hearing
for
a
period
of
ninety
days,
and
may
upon
application,
but
not
ex
parte,
continue
the
date
of
hearing
for
an
additional
period
of
ninety
days.
Sec.
1975.
Section
322A.9,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Nothing
contained
in
this
chapter
shall
be
construed
to
require
or
authorize
any
investigation
by
the
department
of
any
matter
before
the
department
under
this
chapter
.
Upon
hearing,
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
hear
the
evidence
introduced
by
the
parties
and
shall
make
its
decision
solely
upon
the
record
so
made.
Sec.
1976.
Section
322A.10,
Code
2023,
is
amended
to
read
as
follows:
322A.10
Rules
of
evidence.
1.
The
rules
of
civil
procedure
relating
to
discovery
and
inspection
shall
apply
to
hearings
held
under
the
provisions
of
this
chapter
,
and
the
department
of
inspections
,
and
appeals
,
and
licensing
may
issue
orders
to
give
effect
to
such
rules.
2.
In
the
event
issues
are
raised
which
would
involve
violations
of
any
state
or
federal
antitrust
or
price-fixing
law,
all
discovery
and
inspection
proceedings
which
would
be
available
under
such
issues
in
a
state
or
federal
court
action
shall
be
available
to
the
parties
to
the
hearing,
and
the
department
of
inspections
,
and
appeals
,
and
licensing
may
issue
orders
to
give
effect
to
such
proceedings.
3.
Evidence
which
would
be
admissible
under
the
issues
in
a
state
or
federal
court
action
is
admissible
in
a
hearing
held
by
the
department
of
inspections
,
and
appeals
,
and
licensing
.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
Senate
File
514,
p.
1027
apportion
all
costs
between
the
parties.
Sec.
1977.
Section
322A.13,
Code
2023,
is
amended
to
read
as
follows:
322A.13
Compulsory
attendance
at
hearings.
The
department
of
inspections
,
and
appeals
,
and
licensing
may
issue
subpoenas,
administer
oaths,
compel
the
attendance
of
witnesses
and
production
of
books,
papers,
documents,
and
all
other
evidence.
The
department
of
inspections
,
and
appeals
,
and
licensing
may
apply
to
the
district
court
of
the
county
wherein
the
hearing
is
being
held
for
a
court
order
enforcing
this
section
.
Sec.
1978.
Section
322A.15,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
In
determining
whether
good
cause
has
been
established
for
terminating
or
not
continuing
a
franchise,
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
take
into
consideration
the
existing
circumstances,
including,
but
not
limited
to:
Sec.
1979.
Section
322A.15,
subsection
1,
paragraphs
g
and
h,
Code
2023,
are
amended
to
read
as
follows:
g.
Except
as
provided
in
section
322A.11
,
failure
by
the
franchisee
to
substantially
comply
with
those
requirements
of
the
franchise
which
are
determined
by
the
department
of
inspections
,
and
appeals
,
and
licensing
to
be
reasonable
and
material.
h.
Except
as
provided
in
section
322A.11
,
bad
faith
by
the
franchisee
in
complying
with
those
terms
of
the
franchise
which
are
determined
by
the
department
of
inspections
,
and
appeals
,
and
licensing
to
be
reasonable
and
material.
Sec.
1980.
Section
322A.16,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
In
determining
whether
good
cause
has
been
established
for
entering
into
an
additional
franchise
for
the
same
line-make,
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
take
into
consideration
the
existing
circumstances,
including,
but
not
limited
to:
Sec.
1981.
Section
322A.17,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
decision
of
the
department
of
inspections
,
and
appeals
,
Senate
File
514,
p.
1028
and
licensing
is
subject
to
review
by
the
state
department
of
transportation,
whose
decision
is
final
agency
action
for
the
purpose
of
judicial
review.
Sec.
1982.
Section
322C.6,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
license
issued
under
section
322C.4
or
322C.9
may
be
denied,
revoked,
or
suspended,
after
opportunity
for
a
hearing
before
the
department
of
inspections
,
and
appeals
,
and
licensing
in
accordance
with
chapters
10A
and
17A
,
if
it
is
determined
that
the
licensee
or
applicant
has
done
any
of
the
following:
Sec.
1983.
Section
323.1,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
“Department”
means
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
1984.
Section
324A.5,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
establish
an
appeal
process
pursuant
to
chapters
10A
and
17A
which
allows
those
agencies
or
organizations
determined
to
not
be
in
compliance
with
this
chapter
an
opportunity
for
a
timely
hearing
before
the
department
of
inspections
,
and
appeals
,
and
licensing
.
A
decision
by
the
department
of
inspections
,
and
appeals
,
and
licensing
is
subject
to
review
by
the
state
department
of
transportation.
The
state
department
of
transportation’s
decision
is
the
final
agency
action.
Judicial
review
of
the
action
of
the
department
may
be
sought
in
accordance
with
chapter
17A
.
Sec.
1985.
Section
327C.8,
Code
2023,
is
amended
to
read
as
follows:
327C.8
Objections
——
hearing.
A
person
directly
affected
by
the
proposed
discontinuance
of
an
agency
may
file
written
objections
with
the
department
stating
the
grounds
for
the
objections,
within
fifteen
days
from
the
time
of
the
publication
of
the
notice
as
provided
in
section
327C.7
.
Upon
the
filing
of
objections
the
department
shall
request
the
department
of
inspections
,
and
appeals
,
and
licensing
to
hold
a
hearing,
which
shall
be
held
within
sixty
days
from
the
filing
of
the
objections.
Written
notice
of
the
Senate
File
514,
p.
1029
time
and
place
of
the
hearing
shall
be
mailed
by
the
department
of
inspections
,
and
appeals
,
and
licensing
to
the
railroad
corporation
and
the
person
filing
objections
at
least
ten
days
prior
to
the
date
fixed
for
the
hearing.
Sec.
1986.
Section
327C.12,
Code
2023,
is
amended
to
read
as
follows:
327C.12
Aid
from
courts.
The
department
or
the
department
of
inspections
,
and
appeals
,
and
licensing
may
invoke
the
aid
of
any
court
of
record
in
the
state
in
requiring
the
attendance
and
testimony
of
witnesses
and
the
production
of
books,
papers,
tariff
schedules,
agreements,
and
other
documents.
If
a
person
refuses
to
obey
a
subpoena
or
other
process,
a
court
having
jurisdiction
of
the
inquiry
shall
issue
an
order
requiring
any
of
the
officers,
agents,
or
employees
of
a
carrier
or
other
person
to
appear
before
either
department
and
produce
all
books
and
papers
required
by
the
order
and
testify
in
relation
to
any
matter
under
investigation.
Sec.
1987.
Section
327C.17,
Code
2023,
is
amended
to
read
as
follows:
327C.17
Penalty.
If
a
railroad
fails
or
refuses
to
comply
with
a
rule
or
order
made
by
the
state
department
of
transportation
or
the
department
of
inspections
,
and
appeals
,
and
licensing
within
the
time
specified,
the
railroad
is,
for
each
day
of
such
failure,
subject
to
a
schedule
“two”
penalty.
Sec.
1988.
Section
327C.19,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
decision
of
the
department
of
inspections
,
and
appeals
,
and
licensing
is
subject
to
review
by
the
state
department
of
transportation.
Sec.
1989.
Section
327C.20,
Code
2023,
is
amended
to
read
as
follows:
327C.20
Remitting
penalty.
If
a
common
carrier
fails
in
a
judicial
review
proceeding
to
secure
a
vacation
of
the
order
objected
to,
it
may
apply
to
the
court
in
which
the
review
proceeding
is
finally
adjudicated
for
an
order
remitting
the
penalty
which
has
accrued
during
the
review
proceeding.
Upon
a
satisfactory
showing
that
the
petition
for
judicial
review
was
filed
in
good
faith
and
not
for
Senate
File
514,
p.
1030
the
purpose
of
delay,
and
that
there
were
reasonable
grounds
to
believe
that
the
order
was
unreasonable
or
unjust
or
that
the
power
of
the
department
of
transportation
or
the
department
of
inspections
,
and
appeals
,
and
licensing
to
make
the
order
was
doubtful,
the
court
may
remit
the
penalty
that
has
accrued
during
the
review
proceeding.
Sec.
1990.
Section
327C.25,
Code
2023,
is
amended
to
read
as
follows:
327C.25
Complaints.
A
person
may
file
with
the
department
a
petition
setting
forth
any
particular
in
which
a
common
carrier
has
violated
the
law
to
which
it
is
subject
and
the
amount
of
damages
sustained
by
reason
of
the
violation.
The
department
shall
furnish
a
copy
of
the
complaint
to
the
carrier
against
which
a
complaint
is
filed.
The
department
shall
request
the
department
of
inspections
,
and
appeals
,
and
licensing
to
schedule
a
hearing
in
which
the
carrier
shall
answer
the
petition
or
satisfy
the
demands
of
the
complaint.
If
the
carrier
fails
to
satisfy
the
complaint
within
the
time
fixed
or
there
appears
to
be
reasonable
grounds
for
investigating
the
matters
set
forth
in
the
petition,
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
hear
and
determine
the
questions
involved
and
make
orders
it
finds
proper.
If
the
department
of
transportation
has
reason
to
believe
that
a
carrier
is
violating
any
of
the
laws
to
which
it
is
subject,
the
department
may
institute
an
investigation
and
request
the
department
of
inspections
,
and
appeals
,
and
licensing
to
conduct
a
hearing
in
relation
to
the
matters
as
if
a
petition
had
been
filed.
Sec.
1991.
Section
327C.26,
Code
2023,
is
amended
to
read
as
follows:
327C.26
Reports.
When
a
hearing
has
been
held
before
the
department
of
inspections
,
and
appeals
,
and
licensing
after
notice,
it
shall
make
a
report
in
writing
setting
forth
the
findings
of
fact
and
its
conclusions
together
with
its
recommendations
as
to
what
reparation,
if
any,
the
offending
carrier
shall
make
to
a
party
who
has
suffered
damage.
The
findings
of
fact
are
prima
facie
evidence
in
all
further
legal
proceedings
of
every
fact
found.
All
reports
of
hearings
and
investigations
made
by
the
Senate
File
514,
p.
1031
department
of
inspections
,
and
appeals
,
and
licensing
shall
be
entered
of
record
and
a
copy
furnished
to
the
carrier
against
which
the
complaint
was
filed,
to
the
party
complaining,
and
to
any
other
person
having
a
direct
interest
in
the
matter.
A
reasonable
fee
not
to
exceed
the
actual
duplication
costs
may
be
charged
for
the
copies.
Sec.
1992.
Section
327C.28,
Code
2023,
is
amended
to
read
as
follows:
327C.28
Violation
of
order
——
petition
——
notice.
If
a
person
violates
or
fails
to
obey
a
lawful
order
or
requirement
of
the
department
of
transportation
or
the
department
of
inspections
,
and
appeals
,
and
licensing
,
the
department
of
transportation
or
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
apply
by
petition
in
the
name
of
the
state
against
the
person,
to
the
district
court,
alleging
the
violation
or
failure
to
obey.
The
court
shall
hear
and
determine
the
matter
set
forth
in
the
petition
on
reasonable
notice
to
the
person,
to
be
fixed
by
the
court
and
to
be
served
in
the
same
manner
as
an
original
notice
for
the
commencement
of
action.
Sec.
1993.
Section
327C.29,
Code
2023,
is
amended
to
read
as
follows:
327C.29
Interested
party
may
begin
proceedings.
A
person
interested
in
enforcing
an
order
or
requirement
of
the
department
of
transportation
or
the
department
of
inspections
,
and
appeals
,
and
licensing
,
may
file
a
petition
against
the
violator,
alleging
the
failure
to
comply
with
the
order
or
requirement
and
asking
for
summary
relief
to
the
same
extent
and
in
the
same
manner
as
the
department
of
transportation
or
the
department
of
inspections
,
and
appeals
,
and
licensing
may
under
section
327C.28
,
and
the
proceedings
after
the
filing
of
the
petition
shall
be
the
same
as
in
section
327C.28
.
Sec.
1994.
Section
327D.4,
Code
2023,
is
amended
to
read
as
follows:
327D.4
Connections.
If
a
railroad
corporation
in
this
state
refuses
to
connect
by
proper
switches
or
tracks
with
the
tracks
of
another
railroad
corporation
or
refuses
to
receive,
transport,
load,
discharge,
Senate
File
514,
p.
1032
reload,
or
return
cars
furnished
by
another
connecting
railroad
corporation,
a
petition
requesting
resolution
of
the
dispute
may
be
filed
with
the
department.
The
department
shall
notify
the
department
of
inspections
,
and
appeals
,
and
licensing
which
shall
hold
a
hearing
on
the
dispute.
Upon
conclusion
of
the
hearing,
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
issue
an
order
to
resolve
the
dispute.
The
order
may
include
the
allocation
of
costs
between
the
parties.
The
order
is
subject
to
review
by
the
department
which
review
shall
be
the
final
agency
action.
Sec.
1995.
Section
327D.53,
Code
2023,
is
amended
to
read
as
follows:
327D.53
Division
of
joint
rates.
Before
the
adoption
of
the
rates,
the
department
shall
notify
the
railroad
corporations
interested
in
the
schedule
of
joint
rates
fixed,
and
give
them
a
reasonable
time
to
agree
upon
a
division
of
the
charges
provided.
If
the
corporations
fail
to
agree
upon
a
division,
and
to
notify
the
department
of
their
agreement,
the
department
shall,
after
a
hearing
conducted
by
the
department
of
inspections
,
and
appeals
,
and
licensing
,
decide
the
rates,
taking
into
consideration
the
value
of
terminal
facilities
and
all
the
circumstances
of
the
haul,
and
the
division
so
determined
by
it
is,
in
all
controversies
or
actions
between
the
railroad
corporations
interested,
prima
facie
evidence
of
a
just
and
reasonable
division.
Sec.
1996.
Section
327D.83,
Code
2023,
is
amended
to
read
as
follows:
327D.83
Rate
hearing.
If
a
schedule
is
filed
with
the
department
stating
a
rate,
the
department
may,
either
upon
complaint
or
upon
its
own
motion,
request
the
department
of
inspections
,
and
appeals
,
and
licensing
to
conduct
a
hearing
concerning
the
propriety
of
the
rate.
Sec.
1997.
Section
327D.85,
Code
2023,
is
amended
to
read
as
follows:
327D.85
Rate
proposal
——
review.
At
the
hearing
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
propose
the
rates
on
the
schedule,
in
whole
or
in
part,
or
others
in
lieu
thereof,
which
the
department
Senate
File
514,
p.
1033
of
inspections
,
and
appeals
,
and
licensing
finds
are
just
and
reasonable
rates.
The
action
of
the
department
of
inspections
,
and
appeals
,
and
licensing
is
subject
to
review
by
the
state
department
of
transportation.
The
decision
of
the
state
department
of
transportation
is
the
final
agency
action.
Sec.
1998.
Section
327D.89,
Code
2023,
is
amended
to
read
as
follows:
327D.89
Complaint
of
violation.
When
a
person
complains
to
the
department
that
the
rate
charged
or
published
by
a
railway
corporation,
or
the
maximum
rate
fixed
by
law,
is
unreasonably
high
or
discriminating,
the
department
may
investigate
the
matter,
and
request
the
department
of
inspections
,
and
appeals
,
and
licensing
to
conduct
a
hearing.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
give
the
parties
notice
of
the
time
and
place
of
the
hearing.
Sec.
1999.
Section
327D.90,
Code
2023,
is
amended
to
read
as
follows:
327D.90
Hearing
——
evidence.
At
the
time
of
the
hearing
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
receive
any
evidence
and
listen
to
any
arguments
presented
by
either
party
relevant
to
the
matter
under
investigation,
and
the
burden
of
proof
is
not
upon
the
person
making
the
complaint.
The
complainant
shall
add
to
the
showing
made
at
the
hearing
whatever
information
the
complainant
then
has,
or
can
obtain
from
any
source.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
propose
just
and
reasonable
rates,
which
may
be
adopted
in
whole
or
in
part
or
modified
as
the
state
department
of
transportation
determines.
Sec.
2000.
Section
327D.128,
Code
2023,
is
amended
to
read
as
follows:
327D.128
Weighing
——
disagreement.
If
a
railroad
corporation
and
the
owner,
consignor,
or
consignee
of
car
lots
of
bulk
commodities
cannot
reach
agreement
relative
to
the
weighing
of
the
commodities,
appeal
may
be
made
to
the
state
department
of
transportation.
The
state
department
of
transportation,
after
a
hearing
by
the
department
of
inspections
,
and
appeals
,
and
licensing
,
shall
issue
an
order
Senate
File
514,
p.
1034
equitable
to
all
parties
including
but
not
limited
to
allocation
of
costs
and
specification
of
the
place
and
manner
of
weighing.
Sec.
2001.
Section
327G.12,
Code
2023,
is
amended
to
read
as
follows:
327G.12
Overhead,
underground,
or
more
than
one
crossing.
The
owner
of
land
may
serve
upon
the
railroad
corporation
a
request
in
writing
for
more
than
one
private
crossing,
or
for
an
overhead
or
underground
crossing,
accompanied
by
a
plat
of
the
owner’s
land
designating
the
location
and
character
of
crossing
desired.
If
the
railroad
corporation
refuses
or
neglects
to
comply
within
thirty
days
of
a
written
request,
the
owner
of
the
land
may
make
written
application
to
the
department
to
determine
the
owner’s
rights.
The
department
of
inspections
,
and
appeals
,
and
licensing
,
after
notice
to
the
railroad
corporation,
shall
hear
the
application
and
all
objections
to
the
application,
and
make
an
order
which
is
reasonable
and
just,
and
if
it
requires
the
railroad
company
to
construct
any
crossing
or
roadway,
fix
the
time
for
compliance
with
the
order
and
apportion
the
costs
as
appropriate.
The
order
of
the
department
of
inspections
,
and
appeals
,
and
licensing
is
subject
to
review
by
the
state
department
of
transportation.
The
decision
of
the
state
department
of
transportation
is
the
final
agency
action.
Sec.
2002.
Section
327G.16,
Code
2023,
is
amended
to
read
as
follows:
327G.16
Disagreement
——
application
——
notice.
If
the
persons
specified
in
section
327G.15
cannot
reach
an
agreement,
either
party
may
make
written
application
to
the
department
requesting
resolution
of
the
disagreement.
The
department
shall
request
the
department
of
inspections
,
and
appeals
,
and
licensing
to
set
a
date
for
hearing.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
give
ten
days’
written
notice
of
the
hearing
date.
Sec.
2003.
Section
327G.17,
Code
2023,
is
amended
to
read
as
follows:
327G.17
Hearing
——
order.
1.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
hear
the
evidence
of
each
party
to
the
controversy
and
shall
make
an
order,
which
may
include,
pursuant
to
chapters
6A
and
6B
,
authority
to
condemn,
resolving
the
controversy.
The
Senate
File
514,
p.
1035
order
shall
include
the
portion
of
the
expense
to
be
paid
by
each
party
to
the
controversy.
In
determining
what
portion
of
the
expense
shall
be
paid
by
each
party,
the
department
of
inspections
,
and
appeals
,
and
licensing
may
consider
the
ratio
of
the
benefits
accruing
to
the
railroad
or
the
governmental
unit
or
both,
to
the
general
public
use
and
benefit.
2.
The
order
of
the
department
of
inspections
,
and
appeals
,
and
licensing
is
subject
to
review
by
the
state
department
of
transportation.
The
decision
of
the
state
department
of
transportation
is
the
final
agency
action.
Sec.
2004.
Section
327G.31,
Code
2023,
is
amended
to
read
as
follows:
327G.31
Disagreement
resolved.
If
a
railroad
corporation
and
the
jurisdiction
having
authority
cannot
reach
agreement
on
grade
crossing
surface
repair
and
maintenance,
either
party
may
appeal
to
the
department
of
inspections
,
and
appeals
,
and
licensing
if
prior
to
disagreement
both
parties
have
filed
a
statement
with
the
state
department
of
transportation
to
the
effect
that
they
have
entered
into
negotiations
on
grade
crossing
surface
repair
and
maintenance
of
a
particular
crossing.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
resolve
the
dispute
in
the
manner
provided
in
sections
327G.16
and
327G.17
,
except
for
the
allocation
of
costs.
Sec.
2005.
Section
327G.32,
subsections
3
and
4,
Code
2023,
are
amended
to
read
as
follows:
3.
Other
portions
of
this
section
notwithstanding,
a
political
subdivision
may
pass
an
ordinance
regulating
the
length
of
time
a
specific
crossing
may
be
blocked
if
the
political
subdivision
demonstrates
that
an
ordinance
is
necessary
for
public
safety
or
convenience.
If
an
ordinance
is
passed,
the
political
subdivision
shall,
within
thirty
days
of
the
effective
date
of
the
ordinance,
notify
the
department
and
the
railroad
corporation
using
the
crossing
affected
by
the
ordinance.
The
ordinance
does
not
become
effective
unless
the
department
and
the
railroad
corporation
are
notified
within
thirty
days.
The
ordinance
becomes
effective
thirty
days
after
notification
unless
a
person
files
an
objection
to
the
ordinance
with
the
department.
If
an
objection
is
filed
the
department
Senate
File
514,
p.
1036
shall
notify
the
department
of
inspections
,
and
appeals
,
and
licensing
which
shall
hold
a
hearing.
After
a
hearing
by
the
department
of
inspections
,
and
appeals
,
and
licensing
,
the
state
department
of
transportation
may
disapprove
the
ordinance
if
public
safety
or
convenience
does
not
require
the
ordinance.
The
decision
of
the
state
department
of
transportation
is
final
agency
action.
The
ordinance
approved
by
the
political
subdivision
is
prima
facie
evidence
that
the
ordinance
is
adopted
to
preserve
public
safety
or
convenience.
4.
The
department
of
inspections
,
and
appeals
,
and
licensing
when
considering
rebuttal
evidence
shall
weigh
the
benefits
accruing
to
the
political
subdivision
as
they
affect
the
general
public
use
compared
to
the
burden
placed
on
the
railroad
operation.
Public
safety
or
convenience
may
include,
but
is
not
limited
to,
high
traffic
density
at
a
specific
crossing
of
a
main
artery
or
interference
with
the
flow
of
authorized
emergency
vehicles.
Sec.
2006.
Section
327G.62,
Code
2023,
is
amended
to
read
as
follows:
327G.62
Controversies
——
hearing
——
order
——
review.
When
a
disagreement
arises
between
a
railroad
corporation,
its
grantee,
or
its
successor
in
interest,
and
the
owner,
lessee,
or
licensee
of
a
building
or
other
improvement,
including
trackage,
used
for
receiving,
storing,
transporting,
or
manufacturing
an
article
of
commerce
transported
or
to
be
transported,
situated
on
a
present
or
former
railroad
right-of-way
or
on
land
owned
or
controlled
by
the
railroad
corporation,
its
grantee,
or
its
successor
in
interest,
as
to
the
terms
and
conditions
on
which
the
article
is
to
be
continued
or
removed,
the
railway
corporation,
its
grantee,
or
its
successor
in
interest,
or
the
owner,
lessee,
or
licensee
may
make
written
application
to
the
department.
The
department
shall
notify
the
department
of
inspections
,
and
appeals
,
and
licensing
which
shall
hear
and
determine
the
controversy
and
make
an
order
which
is
just
and
equitable
between
the
parties.
That
order
is
subject
to
review
by
the
state
department
of
transportation.
The
decision
of
the
state
department
of
transportation
is
final
agency
action.
Sec.
2007.
Section
327G.65,
Code
2023,
is
amended
to
read
Senate
File
514,
p.
1037
as
follows:
327G.65
Cost
of
construction.
The
railroad
corporation
may
require
the
person
primarily
to
be
served
to
pay
the
legitimate
cost
and
expense
of
acquiring,
by
condemnation
or
purchase,
the
necessary
right-of-way
for
the
spur
track
and
of
constructing
it,
as
determined
in
separate
items
by
the
department.
Except
as
provided
in
section
327G.66
,
the
total
cost
as
ascertained
by
the
department
shall
be
deposited
with
the
railroad
corporation
before
it
is
required
to
incur
expense.
If
an
agreement
cannot
be
reached,
the
question
shall
be
referred
to
the
department
which
may,
after
a
hearing
conducted
by
the
department
of
inspections
,
and
appeals
,
and
licensing
,
issue
an
order.
Sec.
2008.
Section
327G.78,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Subject
to
section
6A.16
and
327G.77
,
when
a
railroad
corporation,
its
trustee,
or
its
successor
in
interest
has
interests
in
real
property
adjacent
to
a
railroad
right-of-way
that
are
abandoned
by
order
of
the
surface
transportation
board,
reorganization
court,
bankruptcy
court,
or
the
department,
or
when
a
railroad
corporation,
its
trustee,
or
its
successor
in
interest
seeks
to
sell
its
interests
in
that
property
under
any
other
circumstance,
the
railroad
corporation,
its
trustee,
or
its
successor
in
interest
shall
extend
a
written
offer
to
sell
at
a
fair
market
value
price
to
the
persons
holding
leases,
licenses,
or
permits
upon
those
properties,
allowing
sixty
days
from
the
time
of
receipt
for
a
written
response.
If
a
disagreement
arises
between
the
parties
concerning
the
price
or
other
terms
of
the
sale
transaction,
either
or
both
parties
may
make
written
application
to
the
department
to
resolve
the
disagreement.
The
application
shall
be
made
within
sixty
days
from
the
time
an
initial
written
response
is
served
upon
the
railroad
corporation,
trustee,
or
successor
in
interest
by
the
person
wishing
to
purchase
the
property.
The
department
shall
notify
the
department
of
inspections
,
and
appeals
,
and
licensing
which
shall
hear
the
controversy
and
make
a
final
determination
of
the
fair
market
value
of
the
property
and
the
other
terms
of
the
transaction
which
were
in
dispute,
within
ninety
days
after
the
application
is
filed.
The
determination
Senate
File
514,
p.
1038
is
subject
to
review
by
the
department
and
the
department’s
decision
is
the
final
agency
action.
All
correspondence
shall
be
by
certified
mail.
Sec.
2009.
Section
327G.79,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
The
department
of
inspections
and
appeals’
,
appeals,
and
licensing’s
determination
and
order
shall
be
just
and
equitable
and,
in
the
case
of
the
determination
of
the
fair
market
value
of
the
property,
shall
be
based
in
part
upon
at
least
three
independent
appraisals
prepared
by
certified
appraisers.
Each
party
shall
select
one
appraiser
and
each
appraisal
shall
be
paid
for
by
the
party
for
whom
the
appraisal
is
prepared.
The
two
appraisers
shall
select
a
third
appraiser
and
the
costs
of
this
appraisal
shall
be
divided
equally
between
the
parties.
If
the
appraisers
selected
by
the
parties
cannot
agree
on
selection
of
a
third
appraiser,
the
state
department
of
transportation
shall
appoint
a
third
appraiser
and
the
costs
of
this
appraisal
shall
be
divided
equally
between
the
parties.
2.
The
department
of
inspections
and
appeals’
,
appeals,
and
licensing’s
determination
and
order
is
final
for
the
purpose
of
administrative
review
to
the
district
court
as
provided
in
chapter
17A
.
The
district
court’s
scope
of
review
shall
be
confined
to
whether
there
is
substantial
evidence
to
support
the
department
of
inspections
and
appeals’
,
appeals,
and
licensing’s
determination
and
order.
Sec.
2010.
Section
331.324,
subsection
1,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
Cooperate
with
the
workers’
compensation
commissioner
and
comply
with
requirements
imposed
upon
counties
under
chapters
86
chapter
10A,
subchapter
III,
and
chapter
87
.
Sec.
2011.
Section
331.394,
subsection
5,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
The
county
or
region
that
received
the
notification,
as
applicable,
shall
respond
to
the
party
that
provided
the
notification
within
forty-five
days
of
receiving
the
notification.
If
the
parties
cannot
agree
to
a
settlement
as
to
the
person’s
residency
status
within
ninety
days
of
the
date
of
notification,
on
motion
of
any
of
the
parties,
the
matter
shall
be
referred
to
the
department
of
inspections
,
and
appeals
,
and
Senate
File
514,
p.
1039
licensing
for
a
contested
case
hearing
under
chapter
17A
before
an
administrative
law
judge
assigned
in
accordance
with
section
10A.801
to
determine
the
person’s
residency
status.
Sec.
2012.
Section
331.394,
subsection
5,
paragraph
d,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
The
administrative
law
judge’s
determination
of
the
person’s
residency
status
shall
be
considered
final
agency
action,
notwithstanding
contrary
provisions
of
section
17A.15
.
The
party
that
does
not
prevail
in
the
determination
or
subsequent
judicial
review
is
liable
for
costs
associated
with
the
proceeding,
including
reimbursement
of
the
department
of
inspections
and
appeals’
,
appeals,
and
licensing’s
actual
costs
associated
with
the
administrative
proceeding.
Judicial
review
of
the
determination
may
be
sought
in
accordance
with
section
17A.19
.
Sec.
2013.
Section
331.394,
subsection
6,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
The
department,
county,
or
region
that
received
the
notification,
as
applicable,
shall
respond
to
the
party
that
provided
the
notification
within
forty-five
days
of
receiving
the
notification.
If
the
parties
cannot
agree
to
a
settlement
as
to
the
dispute
within
ninety
days
of
the
date
of
notification,
on
motion
of
any
of
the
parties,
the
matter
shall
be
referred
to
the
department
of
inspections
,
and
appeals
,
and
licensing
for
a
contested
case
hearing
under
chapter
17A
before
an
administrative
law
judge
assigned
in
accordance
with
section
10A.801
to
determine
facts
and
issue
a
decision
to
resolve
the
dispute.
Sec.
2014.
Section
331.394,
subsection
6,
paragraph
d,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
The
administrative
law
judge’s
decision
is
a
final
agency
action,
notwithstanding
contrary
provisions
of
section
17A.15
.
The
party
that
does
not
prevail
in
the
decision
or
subsequent
judicial
review
is
liable
for
costs
associated
with
the
proceeding,
including
reimbursement
of
the
department
of
inspections
and
appeals’
,
appeals,
and
licensing’s
actual
costs
associated
with
the
administrative
proceeding.
Judicial
review
of
the
decision
may
be
sought
in
accordance
with
section
17A.19
.
Sec.
2015.
Section
331.653,
subsection
10,
Code
2023,
is
Senate
File
514,
p.
1040
amended
to
read
as
follows:
10.
Cooperate
with
the
division
of
labor
services
of
the
department
of
workforce
development
inspections,
appeals,
and
licensing
in
the
enforcement
of
child
labor
laws
as
provided
in
section
92.22
.
Sec.
2016.
Section
331.756,
subsections
16
and
55,
Code
2023,
are
amended
to
read
as
follows:
16.
Institute
legal
proceedings
against
persons
who
violate
laws
administered
by
the
division
of
labor
services
of
the
department
of
workforce
development
under
chapter
10A,
subchapter
II,
as
provided
in
section
91.11
10A.210
.
55.
Make
a
written
report
to
the
department
of
inspections
,
and
appeals
,
and
licensing
within
fifteen
days
of
the
end
of
each
calendar
quarter
of
the
amount
of
funds
which
were
owed
to
the
state
for
indigent
defense
services
and
which
were
recouped
pursuant
to
subsection
5
.
Sec.
2017.
Section
423.3,
subsection
18,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Residential
care
facilities
and
intermediate
care
facilities
for
persons
with
an
intellectual
disability
and
residential
care
facilities
for
persons
with
mental
illness
licensed
by
the
department
of
inspections
,
and
appeals
,
and
licensing
under
chapter
135C
.
Sec.
2018.
Section
425.28,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
In
addition
to
the
sharing
of
information
under
subsection
3
,
the
department
of
human
services
may
release
information
pertaining
to
a
person’s
eligibility
or
claim
for
or
receipt
of
rent
reimbursement
to
an
employee
of
the
department
of
inspections
,
and
appeals
,
and
licensing
in
the
employee’s
official
conduct
of
an
audit
or
investigation.
Sec.
2019.
Section
453A.2,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
If
a
county
or
a
city
has
not
assessed
a
penalty
pursuant
to
section
453A.22,
subsection
2
,
for
a
violation
of
subsection
1
,
within
sixty
days
of
the
adjudication
of
the
violation,
the
matter
shall
be
transferred
to
and
be
the
exclusive
responsibility
of
the
alcoholic
beverages
division
of
the
department
of
commerce.
Following
transfer
of
the
matter,
if
Senate
File
514,
p.
1041
the
violation
is
contested,
the
alcoholic
beverages
division
of
the
department
of
commerce
shall
request
an
administrative
hearing
before
an
administrative
law
judge,
assigned
by
the
division
of
administrative
hearings
of
the
department
of
inspections
,
and
appeals
,
and
licensing
in
accordance
with
the
provisions
of
section
10A.801
,
to
adjudicate
the
matter
pursuant
to
chapter
17A
.
Sec.
2020.
Section
455B.135,
Code
2023,
is
amended
to
read
as
follows:
455B.135
Limit
on
authority.
Nothing
contained
in
this
subchapter
II
or
chapter
459,
subchapter
II
,
shall
be
deemed
to
grant
to
the
department
or
the
director
any
authority
or
jurisdiction
with
respect
to
air
pollution
existing
solely
within
residences;
or
solely
within
commercial
and
industrial
plants,
works,
or
shops
under
the
jurisdiction
of
chapters
chapter
10A,
subchapter
II,
and
chapter
88
and
91
;
or
to
affect
the
relations
between
employers
and
employees
with
respect
to,
or
arising
out
of,
any
condition
of
air
pollution.
Sec.
2021.
Section
455B.145,
subsection
2,
paragraphs
b
and
c,
Code
2023,
are
amended
to
read
as
follows:
b.
The
director
shall
promptly
investigate
the
application
and
approve
or
disapprove
the
application.
The
director
may
conduct
a
public
hearing
before
action
is
taken
to
approve
or
disapprove.
If
the
director
disapproves
issuing
a
certificate,
the
political
subdivision
may
appeal
the
action
to
the
department
of
inspections
,
and
appeals
,
and
licensing
.
At
the
hearing
on
appeal,
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
decide
whether
the
local
program
is
substantially
consistent
with
the
provisions
of
this
subchapter
II
,
or
rules
adopted
under
this
subchapter
II
,
and
whether
the
local
program
is
being
enforced.
The
burden
of
proof
shall
be
upon
the
political
subdivision.
c.
If
the
director
determines
at
any
time
that
a
local
air
pollution
program
is
being
conducted
in
a
manner
inconsistent
with
the
substantive
provisions
of
this
subchapter
II
or
the
rules
adopted
under
this
subchapter
II
,
the
director
shall
notify
the
political
subdivision,
citing
the
deviations
from
the
acceptable
standards
and
the
corrective
measures
to
be
Senate
File
514,
p.
1042
completed
within
a
reasonable
amount
of
time.
If
the
corrective
measures
are
not
implemented
as
prescribed,
the
director
shall
suspend
in
whole
or
in
part
the
certificate
of
acceptance
of
such
political
subdivision
and
shall
administer
the
regulatory
provisions
of
this
subchapter
II
in
whole
or
in
part
within
the
political
subdivision
until
the
appropriate
standards
are
met.
Upon
receipt
of
evidence
that
necessary
corrective
action
has
been
taken,
the
director
shall
reinstate
the
suspended
certificate
of
acceptance,
and
the
political
subdivision
shall
resume
the
administration
of
the
local
air
pollution
control
program
within
its
jurisdiction.
In
cases
where
the
certificate
of
acceptance
is
suspended,
the
political
subdivision
may
appeal
the
suspension
to
the
department
of
inspections
,
and
appeals
,
and
licensing
.
Sec.
2022.
Section
455B.271,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Subject
to
appeal
to
the
department
of
inspections
,
and
appeals
,
and
licensing
,
a
permit
may
be
modified
or
canceled
by
the
director
if
any
of
the
following
occur:
Sec.
2023.
Section
455B.390,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Hazardous
conditions
existing
solely
within
and
which
will
probably
continue
to
exist
solely
within
commercial
and
industrial
plants,
works,
or
shops
under
the
jurisdiction
of
chapters
chapter
10A,
subchapter
II,
and
chapter
88
and
91
.
Sec.
2024.
Section
515B.5,
subsection
2,
paragraph
h,
Code
2023,
is
amended
to
read
as
follows:
h.
Request
that
all
future
payments
of
workers’
compensation
weekly
benefits,
medical
expenses,
or
other
payments
under
chapter
10A,
subchapter
III,
chapter
85
,
85A
,
85B
,
86
,
or
87
be
commuted
to
a
present
lump
sum
and
upon
the
payment
of
which,
either
to
the
claimant
or
to
a
licensed
insurer
for
purchase
of
an
annuity
or
other
periodic
payment
plan
for
the
benefit
of
the
claimant,
the
employer
and
the
association
shall
be
discharged
from
all
further
liability
for
the
workers’
compensation
claim.
Notwithstanding
the
provisions
of
section
85.45
,
any
future
payment
of
medical
expenses,
weekly
compensation
benefits,
or
other
payment
by
the
association
under
this
chapter
pursuant
to
chapter
10A,
subchapter
III,
chapter
85
,
85A
,
85B
,
86
,
or
Senate
File
514,
p.
1043
87
,
is
deemed
an
undue
expense,
hardship,
or
inconvenience
upon
the
employer
for
purposes
of
a
full
commutation
pursuant
to
section
85.45,
subsection
1
,
paragraph
“b”
,
and
the
workers’
compensation
commissioner
shall
fix
the
lump
sum
of
the
probable
future
medical
expenses
and
weekly
compensation
benefits
capitalized
at
their
present
value
upon
the
basis
of
interest
at
the
rate
provided
in
section
535.3
for
court
judgments
and
decrees.
Sec.
2025.
Section
524.208,
Code
2023,
is
amended
to
read
as
follows:
524.208
Examiners
and
other
employees.
The
superintendent
may
appoint
examiners
and
other
employees,
including
for
the
banking
division’s
internal
information
technology
group,
as
the
superintendent
deems
necessary
to
the
proper
discharge
of
the
duties
imposed
upon
the
superintendent
by
the
laws
of
this
state.
Pay
plans
shall
be
established
for
employees,
other
than
clerical
employees
or
employees
of
the
professional
licensing
and
regulation
bureau
of
the
banking
division
,
who
examine
the
accounts
and
affairs
of
state
banks
and
who
examine
the
accounts
and
affairs
of
other
persons,
subject
to
supervision
and
regulation
by
the
superintendent,
which
are
substantially
equivalent
to
those
paid
by
the
federal
deposit
insurance
corporation
and
other
federal
supervisory
agencies
in
this
area
of
the
United
States.
Sec.
2026.
Section
524.211,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
An
employee
of
the
banking
division,
other
than
the
superintendent
or
a
member
of
the
state
banking
council
or
one
of
the
boards
in
the
professional
licensing
and
regulation
bureau
of
the
division
,
shall
not
perform
any
services
for,
and
shall
not
be
a
shareholder,
member,
partner,
owner,
director,
officer,
or
employee
of,
any
enterprise,
person,
or
affiliate
subject
to
the
regulatory
purview
of
the
banking
division.
Sec.
2027.
Section
542B.22,
Code
2023,
is
amended
to
read
as
follows:
542B.22
Procedure.
Proceedings
for
any
action
under
section
542B.21
shall
be
begun
by
filing
with
the
board
written
charges
against
the
accused.
Upon
the
filing
of
charges
the
board
may
request
Senate
File
514,
p.
1044
the
department
of
inspections
,
and
appeals
,
and
licensing
to
conduct
an
investigation
into
the
charges.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
report
its
findings
to
the
board,
and
the
board
shall
designate
a
time
and
place
for
a
hearing,
and
shall
notify
the
accused
of
this
action
and
furnish
the
accused
a
copy
of
all
charges
at
least
thirty
days
prior
to
the
date
of
the
hearing.
The
accused
has
the
right
to
appear
personally
or
by
counsel,
to
cross-examine
witnesses,
and
to
produce
witnesses
in
defense.
Sec.
2028.
Section
543C.4,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
The
commission
may
request
the
department
of
inspections
,
and
appeals
,
and
licensing
to
conduct
an
investigation
and
inspection
to
be
made
of
any
subdivided
land
proposed
to
be
offered
for
sale
or
lease
in
this
state
pursuant
to
this
chapter
.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
make
a
report
of
its
findings.
2.
If
an
inspection
is
to
be
made
of
subdivided
land
situated
outside
of
this
state
and
offered
for
sale
in
this
state,
the
inspection
as
authorized
by
subsection
1
shall
be
made
by
the
department
of
inspections
,
and
appeals
,
and
licensing
at
the
expense
of
the
subdivider.
After
the
application
required
by
section
543C.2
is
filed
and
after
the
filing
fee
required
by
section
543C.8
is
received,
the
commission
may
decide
whether
an
inspection
pursuant
to
this
subsection
is
to
be
made.
If
the
commission
requires
an
inspection,
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
so
notify
the
subdivider
and
the
subdivider
shall
remit
to
the
department
an
amount
equivalent
to
the
round
trip
cost
of
travel
from
this
state
to
the
location
of
the
project,
as
estimated
by
the
department
and
a
further
amount
estimated
to
be
necessary
to
cover
the
additional
expenses
of
inspection
but
not
to
exceed
fifty
dollars
a
day
for
each
day
incurred
in
the
inspection.
The
costs
of
any
subsequent
inspections
deemed
necessary
shall
be
paid
for
by
the
subdivider.
At
the
completion
of
an
inspection
trip
the
department
shall
furnish
the
subdivider
a
statement
as
to
the
costs
of
the
inspection
trip,
and
if
the
costs
are
less
than
the
amount
advanced
by
the
subdivider
to
the
department,
the
Senate
File
514,
p.
1045
remaining
balance
shall
be
refunded
to
the
subdivider.
Sec.
2029.
Section
544B.16,
Code
2023,
is
amended
to
read
as
follows:
544B.16
Complaints
——
procedure.
A
person
may
file
a
complaint
with
the
board
against
a
professional
landscape
architect
or
the
board
may
initiate
a
complaint.
Unless
the
complaint
is
dismissed
by
the
board
as
unfounded
or
trivial,
the
board
may
request
the
department
of
inspections
,
and
appeals
,
and
licensing
to
conduct
an
investigation
into
the
complaint.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
report
its
findings
to
the
board,
and
the
board
shall
hold
a
hearing
within
sixty
days
after
the
date
on
which
the
complaint
is
filed.
The
board
shall
fix
the
time
and
place
for
such
hearing
and
shall
cause
a
copy
of
the
complaint,
together
with
a
notice
of
the
time
and
place
fixed
for
the
hearing,
to
be
served
on
the
accused
at
least
thirty
days
before
the
date
fixed
for
the
hearing.
Where
personal
service
cannot
be
effected,
service
may
be
effected
by
publication.
At
such
hearing,
the
accused
shall
have
the
right
to
appear
personally
or
by
counsel,
to
cross-examine
witnesses
against
the
accused,
and
to
produce
evidence
and
witnesses
in
defense.
After
the
hearing,
the
board
may
suspend
or
revoke
the
certificate
of
licensure.
The
board
may
restore
the
certificate
of
licensure
to
any
person
whose
certificate
of
licensure
has
been
revoked.
Application
for
the
restoration
of
a
certificate
of
licensure
shall
be
made
in
such
manner,
form,
and
content
as
the
board
may
prescribe.
Sec.
2030.
Section
546.2,
subsection
6,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Each
division
is
responsible
for
policymaking
and
enforcement
duties
assigned
to
the
division
under
the
law.
Except
as
provided
in
section
546.10,
subsection
3
:
Sec.
2031.
Section
546.3,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
banking
division
shall
regulate
and
supervise
banks
under
chapter
524
,
debt
management
licensees
under
chapter
533A
,
money
services
under
chapter
533C
,
delayed
deposit
services
under
chapter
533D
,
mortgage
bankers
and
brokers
under
chapter
535B
,
regulated
loan
companies
under
chapter
Senate
File
514,
p.
1046
536
,
and
industrial
loan
companies
under
chapter
536A
,
real
estate
appraisers
under
chapter
543D
,
and
appraisal
management
companies
under
chapter
543E
,
and
shall
perform
other
duties
assigned
to
the
division
by
law.
The
division
is
headed
by
the
superintendent
of
banking
who
is
appointed
pursuant
to
section
524.201
.
The
state
banking
council
shall
render
advice
within
the
division
when
requested
by
the
superintendent.
Sec.
2032.
Section
600.2,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Investigator”
means
a
natural
person
who
is
certified
or
approved
by
the
department
of
human
services,
after
inspection
by
the
department
of
inspections
,
and
appeals
,
and
licensing
,
as
being
capable
of
conducting
an
investigation
under
section
600.8.
Sec.
2033.
Section
600A.2,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
“Certified
adoption
investigator”
means
a
person
who
is
certified
and
approved
by
the
department
of
human
services,
after
inspection
by
the
department
of
inspections
,
and
appeals
,
and
licensing
,
as
being
capable
of
conducting
an
investigation
under
section
600.8
.
Sec.
2034.
Section
626.29,
Code
2023,
is
amended
to
read
as
follows:
626.29
Distress
warrant
by
director
of
revenue,
director
of
inspections
,
and
appeals
,
and
licensing
,
or
director
of
workforce
development.
In
the
service
of
a
distress
warrant
issued
by
the
director
of
revenue
for
the
collection
of
taxes
administered
by
or
debts
to
be
collected
by
the
department
of
revenue,
in
the
service
of
a
distress
warrant
issued
by
the
director
of
inspections
,
and
appeals
,
and
licensing
for
the
collection
of
overpayment
debts
owed
to
the
department
of
human
services,
or
in
the
service
of
a
distress
warrant
issued
by
the
director
of
the
department
of
workforce
development
for
the
collection
of
employment
security
contributions,
the
property
of
the
taxpayer
or
the
employer
in
the
possession
of
another,
or
debts
due
the
taxpayer
or
the
employer,
may
be
reached
by
garnishment.
Sec.
2035.
Section
626.30,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
1047
626.30
Expiration
or
return
of
distress
warrant.
Proceedings
by
garnishment
under
a
distress
warrant
issued
by
the
director
of
revenue
or
the
director
of
inspections
,
and
appeals
,
and
licensing
shall
not
be
affected
by
the
expiration
or
return
of
the
warrant.
Sec.
2036.
Section
626.31,
Code
2023,
is
amended
to
read
as
follows:
626.31
Return
of
garnishment
——
action
docketed
——
distress
action.
Where
parties
have
been
garnished
under
a
distress
warrant
issued
by
the
director
of
revenue
or
the
director
of
inspections
,
and
appeals
,
and
licensing
,
the
officer
shall
make
return
thereof
to
the
court
in
the
county
where
the
garnishee
lives,
if
the
garnishee
lives
in
Iowa,
otherwise
in
the
county
where
the
taxpayer
resides,
if
the
taxpayer
lives
in
Iowa;
and
if
neither
the
garnishee
nor
the
taxpayer
lives
in
Iowa,
then
to
the
district
court
in
Polk
county,
Iowa;
the
officer
shall
make
return
in
the
same
manner
as
a
return
is
made
on
a
garnishment
made
under
a
writ
of
execution
so
far
as
they
relate
to
garnishments,
and
the
clerk
of
the
district
court
shall
docket
an
action
thereon
without
fee
the
same
as
if
a
judgment
had
been
recovered
against
the
taxpayer
in
the
county
where
the
return
is
made,
an
execution
issued
thereon,
and
garnishment
made
thereunder,
and
thereafter
the
proceedings
shall
conform
to
proceedings
in
garnishment
under
attachments
as
nearly
as
may
be.
The
warrant
shall
be
considered
in
all
respects
as
a
final
judgment.
Sec.
2037.
Section
626.76,
Code
2023,
is
amended
to
read
as
follows:
626.76
Labor
commissioner
Department
of
inspections,
appeals,
and
licensing
director
to
represent.
The
labor
commissioner,
appointed
pursuant
to
section
91.2
director
of
the
department
of
inspections,
appeals,
and
licensing
,
may,
at
the
labor
commissioner’s
director’s
discretion,
represent
laborers
or
employees
seeking
payment
for
labor
or
wage
claims
from
the
receiver,
trustee,
or
assignee,
or
the
court,
or
the
person
charged
with
the
property,
in
accordance
with
and
subject
to
the
provisions
of
sections
626.69
and
626.71
.
Senate
File
514,
p.
1048
Sec.
2038.
Section
724.21A,
subsections
1
and
6,
Code
2023,
are
amended
to
read
as
follows:
1.
In
any
case
where
the
sheriff
or
the
commissioner
of
public
safety
denies
an
application
for
or
suspends
or
revokes
a
permit
to
carry
weapons
or
a
permit
to
acquire
pistols
or
revolvers,
the
sheriff
or
commissioner
shall
provide
a
written
statement
of
the
reasons
for
the
denial,
suspension,
or
revocation
and
the
applicant
or
permit
holder
shall
have
the
right
to
appeal
the
denial,
suspension,
or
revocation
to
an
administrative
law
judge
in
the
department
of
inspections
,
and
appeals
,
and
licensing
within
thirty
days
of
receiving
written
notice
of
the
denial,
suspension,
or
revocation.
6.
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
adopt
rules
pursuant
to
chapter
17A
as
necessary
to
carry
out
the
provisions
of
this
section
.
Sec.
2039.
Section
729.6,
subsection
9,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Investigating
a
workers’
compensation
claim
under
chapter
10A,
subchapter
III,
and
chapters
85
,
85A
,
and
85B
,
and
86
.
Sec.
2040.
Section
815.11,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Costs
incurred
for
legal
representation
by
a
court-appointed
attorney
under
chapter
229A
,
665
,
822
,
or
908
,
or
section
232.141,
subsection
3
,
paragraph
“d”
,
or
section
598.23A
,
600A.6B
,
814.9
,
814.10
,
814.11
,
815.4
,
815.7
,
or
815.10
on
behalf
of
an
indigent
shall
be
paid
from
moneys
appropriated
by
the
general
assembly
to
the
office
of
the
state
public
defender
in
the
department
of
inspections
,
and
appeals
,
and
licensing
and
deposited
in
an
account
to
be
known
as
the
indigent
defense
fund,
except
as
provided
in
subsection
2
.
Costs
incurred
representing
an
indigent
defendant
in
a
contempt
action,
representing
an
indigent
juvenile
in
a
juvenile
court
proceeding,
or
representing
a
person
pursuant
to
section
13B.13
are
also
payable
from
the
fund.
However,
costs
incurred
in
any
administrative
proceeding
or
in
any
other
proceeding
under
this
chapter
or
chapter
598
,
600
,
600A
,
633
,
633A
,
814
,
or
915
or
other
provisions
of
the
Code
or
administrative
rules
are
not
payable
from
the
fund.
Sec.
2041.
Section
915.83,
subsection
4,
Code
2023,
is
Senate
File
514,
p.
1049
amended
to
read
as
follows:
4.
Request
from
the
department
of
human
services,
the
department
of
workforce
development
and
its
,
the
division
of
workers’
compensation
of
the
department
of
inspections,
appeals,
and
licensing
,
the
department
of
public
safety,
the
county
sheriff
departments,
the
municipal
police
departments,
the
county
attorneys,
or
other
public
authorities
or
agencies
reasonable
assistance
or
data
necessary
to
administer
the
crime
victim
compensation
program.
Sec.
2042.
2020
Iowa
Acts,
chapter
1064,
section
16,
subsection
4,
is
amended
to
read
as
follows:
4.
Priority.
In
the
case
of
multiple
claims
to
payments
filed
under
this
section
,
priority
shall
be
given
to
claims
filed
by
the
child
support
recovery
unit
or
the
foster
care
recovery
unit,
next
priority
shall
be
given
to
claims
filed
by
the
clerk
of
the
district
court,
next
priority
shall
be
given
to
claims
filed
by
the
investigations
division
of
the
department
of
inspections
,
and
appeals,
and
licensing
relating
to
investigations
by
the
department,
next
priority
shall
be
given
to
claims
that
will
be
deposited
into
the
state
general
fund,
and
last
priority
shall
be
given
to
claims
filed
by
other
public
agencies.
In
the
case
of
multiple
claims
in
which
the
priority
is
not
otherwise
provided
by
this
subsection
,
priority
shall
be
determined
in
accordance
with
rules
to
be
established
by
the
department.
Sec.
2043.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
92.1
to
section
92.1A.
b.
Section
92.1B
to
section
92.1.
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.
Sec.
2044.
CONTINGENT
EFFECTIVE
DATE.
The
following
takes
effect
on
the
effective
date
of
the
rules
adopted
by
the
department
of
revenue
pursuant
to
chapter
17A
implementing
2020
Iowa
Acts,
chapter
1064,
other
than
transitional
rules:
The
section
of
this
division
of
this
Act
amending
2020
Iowa
Acts,
chapter
1064.
Senate
File
514,
p.
1050
DIVISION
IV
DEPARTMENT
OF
JUSTICE
Sec.
2045.
Section
6B.18,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
In
case
of
condemnation
proceedings
instituted
by
the
state
department
of
transportation,
when
the
owner
appeals
from
the
assessment
made,
such
notice
of
appeal
shall
be
served
upon
the
attorney
general
,
or
the
department
general
counsel
to
the
state
department
of
transportation,
or
the
chief
highway
engineer
for
the
department.
Sec.
2046.
Section
8A.412,
subsection
11,
Code
2023,
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,
the
treasurer
of
state,
and
the
public
employment
relations
board.
However,
employees
of
the
consumer
advocate
division
of
the
department
of
justice,
other
than
the
consumer
advocate,
and
administrative
law
judges
appointed
or
employed
by
the
public
employment
relations
board
are
subject
to
the
merit
system.
Sec.
2047.
Section
13.2,
subsection
1,
paragraphs
b
and
o,
Code
2023,
are
amended
to
read
as
follows:
b.
Prosecute
and
defend
in
any
other
court
or
tribunal,
all
actions
and
proceedings,
civil
or
criminal,
in
which
the
state
may
be
a
party
or
interested,
when,
in
the
attorney
general’s
judgment,
the
interest
of
the
state
requires
such
action,
or
when
requested
to
do
so
by
the
governor,
executive
council,
or
general
assembly.
The
attorney
general
may
prosecute
a
criminal
proceeding
on
behalf
of
the
state
even
if
a
county
attorney
does
not
request
the
attorney
general
to
act
as
a
county
attorney
in
a
proceeding
under
section
331.754,
subsection
7.
o.
Submit
a
report
by
January
15
of
each
year
to
the
co-chairpersons
and
ranking
members
of
the
joint
appropriations
subcommittee
on
the
justice
system,
to
the
executive
council,
and
to
the
legislative
services
agency
detailing
the
amount
of
annual
money
receipts
generated
by
each
settlement
or
judgment
in
excess
of
two
hundred
fifty
thousand
dollars
collected
pursuant
to
legal
proceedings
under
chapters
455B
,
553
,
and
714
all
money
settlement
awards
and
court
money
awards
that
were
Senate
File
514,
p.
1051
awarded
to
the
state
of
Iowa
.
The
report
shall
include
the
name
of
the
civil
or
criminal
case
involved,
the
specify
the
parties
to
each
settlement
or
court
proceeding,
any
court
of
jurisdiction,
the
settlement
amount,
the
state’s
share
of
the
settlement
amount,
the
name
of
the
fund
in
which
the
receipts
were
deposited,
and
the
planned
use
of
the
moneys.
Sec.
2048.
Section
13.4,
Code
2023,
is
amended
to
read
as
follows:
13.4
Assistant
and
deputy
attorneys
general.
The
attorney
general
may
appoint
a
first
assistant
chief
deputy
attorney
general
and
such
other
deputy
and
assistant
attorneys
general
as
may
be
authorized
by
law,
who
shall
devote
their
entire
time
to
the
duties
of
their
positions.
The
deputy
and
assistant
attorneys
general
shall,
subject
to
the
direction
of
the
attorney
general,
have
the
same
power
and
authority
as
the
attorney
general.
Sec.
2049.
Section
13.6,
Code
2023,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
13.6
Agency
reimbursement
for
legal
services.
The
attorney
general
may
charge
departments,
agencies,
and
other
state
governmental
entities
for
the
cost
of
performing
legal
services
for
the
department,
agency,
or
governmental
entity.
Upon
request
of
the
attorney
general,
a
department
or
agency
shall
provide
and
equip
a
suitable
office
for
an
assistant
attorney
general
or
other
staff
providing
legal
services
exclusively
for
that
department
or
agency.
Sec.
2050.
Section
13.7,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Compensation
shall
not
be
allowed
to
any
person
for
services
as
an
attorney
or
counselor
to
an
executive
department
of
the
state
government,
or
the
head
of
an
executive
department
of
state
government,
or
to
a
state
board
or
commission
A
department,
agency,
or
other
state
governmental
entity
shall
not
contract
for
legal
services
to
be
provided
by
a
private
attorney
unless
authorized
by
the
executive
council
under
this
section
or
section
13.3
.
However,
the
The
executive
council
may
authorize
employment
of
legal
assistance,
at
a
reasonable
compensation,
in
a
pending
action
or
proceeding
to
protect
the
interests
of
the
state,
but
only
upon
a
sufficient
Senate
File
514,
p.
1052
showing,
in
writing,
made
by
the
attorney
general,
that
the
department
of
justice
cannot
for
reasons
stated
by
the
attorney
general
perform
the
service.
The
reasons
and
action
of
the
executive
council
shall
be
entered
upon
its
records.
If
the
attorney
general
determines
that
the
department
of
justice
cannot
perform
legal
service
in
an
action
or
proceeding,
the
executive
council
shall
request
the
department
involved
in
the
action
or
proceeding
to
recommend
legal
counsel
to
represent
the
department.
If
the
attorney
general
concurs
with
the
department
that
the
person
recommended
is
qualified
and
suitable
to
represent
the
department,
the
person
recommended
shall
be
employed.
If
the
attorney
general
does
not
concur
in
the
recommendation,
the
department
shall
submit
a
new
recommendation.
This
subsection
does
not
affect
the
general
counsel
for
the
utilities
board
of
the
department
of
commerce,
the
legal
counsel
of
the
department
of
workforce
development,
or
the
general
counsel
for
the
property
assessment
appeal
board.
Sec.
2051.
Section
13.9,
Code
2023,
is
amended
to
read
as
follows:
13.9
Salary.
The
salary
of
the
attorney
general
shall
be
as
fixed
by
the
general
assembly,
and
the
salaries
of
the
first
assistant
chief
deputy
attorney
general
and
other
deputy
and
assistant
attorneys
general
shall
be
such
as
may
be
fixed
by
law.
Sec.
2052.
Section
13.11,
Code
2023,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
13.11
Exclusive
criminal
jurisdiction
over
election
crimes.
Notwithstanding
any
provision
of
law
to
the
contrary,
the
attorney
general
shall
have
exclusive
jurisdiction
to
prosecute
all
criminal
proceedings
under
chapter
39A.
Sec.
2053.
Section
20.4,
subsection
9,
Code
2023,
is
amended
to
read
as
follows:
9.
Persons
employed
by
the
state
department
of
justice
,
except
nonsupervisory
employees
of
the
consumer
advocate
division
who
are
employed
primarily
for
the
purpose
of
performing
technical
analysis
of
nonlegal
issues
.
Sec.
2054.
Section
25.1,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
state
appeal
board
shall
make
a
record
of
the
receipt
Senate
File
514,
p.
1053
of
claims
received
from
the
director
of
the
department
of
management,
notify
the
special
assistant
attorney
general
for
claims
,
and
deliver
a
copy
to
the
state
official
or
agency
against
whom
the
claim
is
made,
if
any.
Sec.
2055.
Section
25.1,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
official
or
agency
shall
report
its
recommendations
concerning
the
claim
to
the
special
assistant
attorney
general
for
claims
who,
with
a
view
to
determining
the
merits
and
legality
of
the
claim,
shall
investigate
the
claim
and
report
the
findings
and
conclusions
of
the
investigation
to
the
state
appeal
board.
Sec.
2056.
Section
25.2,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
state
appeal
board
with
the
recommendation
of
the
special
assistant
attorney
general
for
claims
may
approve
or
reject
claims
against
the
state
of
less
than
five
years
involving
the
following:
Sec.
2057.
Section
25.3,
Code
2023,
is
amended
to
read
as
follows:
25.3
Filing
with
general
assembly
——
testimony.
On
the
second
day
after
the
convening
of
each
regular
session
of
the
general
assembly,
the
state
appeal
board
shall
file
with
the
clerk
of
the
house
of
representatives
and
the
secretary
of
the
senate
a
list
of
all
claims
rejected
by
the
state
appeal
board
together
with
a
copy
of
the
report
made
to
it
by
the
special
assistant
attorney
general
for
claims
and
its
recommendation
thereon
for
each
claim,
which
report
and
recommendation
shall
be
delivered
to
the
claims
committee
of
the
house
and
senate.
Any
testimony
taken
by
the
special
assistant
attorney
general
for
claims
shall
be
preserved
by
the
state
appeal
board
and
made
available
to
the
claims
committee
of
the
general
assembly.
Sec.
2058.
Section
25.4,
Code
2023,
is
amended
to
read
as
follows:
25.4
Assistant
attorney
Attorney
general
——
salary
.
The
attorney
general
shall
appoint
a
special
assistant
attorney
general
for
claims
who
shall,
under
the
direction
of
the
attorney
general,
investigate
and
report
on
all
claims
Senate
File
514,
p.
1054
between
the
state
and
other
parties,
which
may
be
referred
to
the
state
appeal
board,
and
on
any
other
claims
or
matters
which
the
state
appeal
board
or
the
attorney
general
may
direct.
Sec.
2059.
Section
25.5,
Code
2023,
is
amended
to
read
as
follows:
25.5
Testimony
——
filing
with
board.
The
special
assistant
attorney
general
for
claims
shall
fully
investigate
each
claim
and
the
facts
upon
which
same
is
based
and
may
take
testimony
in
the
form
of
affidavits
or
otherwise,
and
in
connection
therewith
shall
ex
officio
be
empowered
to
administer
oaths,
to
compel
the
attendance
of
witnesses
and
certify
to
any
district
court
for
contempt.
All
testimony,
affidavits,
and
other
papers
in
connection
with
a
claim,
obtained
by
the
special
assistant
attorney
general
for
claims
in
making
an
investigation
shall
be
filed
with
the
report
to
the
state
appeal
board.
Sec.
2060.
Section
25.6,
Code
2023,
is
amended
to
read
as
follows:
25.6
Claims
by
state
against
municipalities.
The
state
appeal
board
may
investigate
and
collect
claims
which
the
state
has
against
municipal
or
political
corporations
in
the
state
including
counties,
cities,
townships,
and
school
corporations.
The
board
shall
refer
any
such
claim
to
the
special
assistant
attorney
general
for
claims
,
when
the
claim
has
not
been
promptly
paid,
and
if
the
special
assistant
attorney
general
for
claims
is
not
able
to
collect
the
full
amount
of
the
claim,
the
special
assistant
attorney
general
shall
fully
investigate
and
report
to
the
state
appeal
board
findings
of
fact
and
conclusions
of
law,
together
with
any
recommendation
as
to
the
claim.
Thereafter
the
state
appeal
board
may
effect
a
compromise
settlement
with
the
debtor
in
an
amount
and
under
terms
as
the
board
deems
just
and
equitable
in
view
of
the
findings
and
conclusions
reported
to
it.
If
the
state
appeal
board
is
unable
to
collect
a
claim
in
full
or
effect
what
it
has
determined
to
be
a
fair
compromise,
it
shall
deliver
the
claim
to
the
attorney
general
for
action
as
the
attorney
general
shall
determine
and
the
special
assistant
attorney
general
for
claims
is
specifically
charged
with
carrying
out
the
directions
of
the
attorney
general
with
Senate
File
514,
p.
1055
reference
to
the
claim
.
When
a
claim
is
compromised
by
the
state
appeal
board,
the
board
shall
file
with
the
department
of
management
and
the
department
of
administrative
services
a
statement
as
to
the
settlement,
together
with
a
true
copy
of
the
agreement
of
settlement,
and
if
in
settlement
an
amount
less
than
the
face
amount
is
accepted
in
full,
the
proper
entries
shall
be
made
in
the
books
of
the
department
of
management,
the
department
of
administrative
services,
and
the
auditor
of
state
showing
the
amount
of
the
claim,
the
amount
of
the
settlement,
and
the
amount
charged
off.
Sec.
2061.
Section
39A.6,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Upon
issuing
a
technical
infraction,
the
state
commissioner
shall
immediately
inform
the
attorney
general
and
relevant
county
attorney
if
the
apparent
violation
constitutes
or
may
constitute
election
misconduct
under
this
chapter
.
Sec.
2062.
Section
39A.7,
Code
2023,
is
amended
to
read
as
follows:
39A.7
Election
misconduct
——
investigation.
1.
The
attorney
general
or
county
attorney
shall
investigate
allegations
of
election
misconduct
reported
to
the
attorney
general
or
county
attorney
.
Election
misconduct
by
an
election
official
shall
also
be
investigated
for
prosecution
under
chapter
721
.
2.
Upon
the
completion
of
an
investigation
required
by
this
section
,
the
attorney
general
or
county
attorney
shall
submit
the
results
of
the
investigation
to
the
state
commissioner
and
explain
whether
the
attorney
general
or
county
attorney
will
pursue
charges.
Sec.
2063.
Section
48A.41,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
If
in
the
course
of
an
audit
under
this
section
the
state
registrar
of
voters
finds
that
a
commissioner
of
registration
has
failed
to
perform
required
voter
list
maintenance,
the
state
registrar
of
voters
shall
submit
the
audit
to
the
relevant
county
attorney
and
attorney
general
within
twenty-four
hours
for
investigation
of
a
violation
of
section
39A.3,
subsection
1
,
paragraph
“b”
,
subparagraph
(9),
or
other
provision
of
law.
Sec.
2064.
Section
80.1,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
1056
follows:
80.1
Department
created.
There
is
hereby
created
a
department
of
the
state
government
which
shall
be
known
and
designated
as
the
department
of
public
safety,
which
shall
consist
of
a
commissioner
of
public
safety
and
of
such
officers
and
employees
as
may
be
required
,
one
of
whom
shall
be
an
attorney
admitted
to
practice
law
in
this
state
.
Such
attorney
shall
be
an
assistant
attorney
general
appointed
by
the
attorney
general
who
shall
fix
the
assistant’s
salary.
The
department
shall
reimburse
the
attorney
general
for
the
salary
and
expense
of
such
assistant
attorney
general
and
furnish
the
assistant
a
suitable
office
if
requested
by
the
attorney
general.
Sec.
2065.
Section
307.23,
Code
2023,
is
amended
to
read
as
follows:
307.23
General
Legal
counsel.
1.
The
general
counsel
shall
be
a
special
assistant
attorney
general
appointed
by
the
attorney
general
who
shall
act
as
the
attorney
for
the
department.
The
general
counsel
shall
have
the
following
duties
and
responsibilities
It
shall
be
the
duty
of
the
attorney
general
to
do
all
of
the
following
:
a.
Act
as
legal
advisor
to
the
department,
commission
,
and
the
director.
b.
Provide
all
legal
services
for
the
department.
2.
The
attorney
general
shall
appoint
additional
assistant
attorneys
general
as
the
director
deems
necessary
to
carry
out
the
these
duties
assigned
to
the
office
of
the
general
counsel
.
The
salary
of
the
general
counsel
shall
be
fixed
by
the
director,
subject
to
the
approval
of
the
attorney
general.
The
director
shall
provide
and
furnish
a
suitable
office
for
the
general
counsel
upon
request
of
the
attorney
general.
Sec.
2066.
Section
327C.30,
Code
2023,
is
amended
to
read
as
follows:
327C.30
Duty
of
department,
general
counsel
attorney
general,
and
county
attorney.
When
any
proceeding
has
been
instituted
under
sections
327C.28
and
327C.29
,
the
department
attorney
general
counsel
shall
prosecute
the
same,
and
the
county
attorney
of
the
county
in
which
such
proceeding
is
pending
shall
render
such
assistance
Senate
File
514,
p.
1057
as
the
department
attorney
general
counsel
may
require.
Sec.
2067.
Section
331.756,
subsection
49,
Code
2023,
is
amended
to
read
as
follows:
49.
Assist,
upon
request,
the
department
of
transportation’s
attorney
general
counsel
in
the
prosecution
of
violations
of
common
carrier
laws
and
regulations
as
provided
in
section
327C.30
.
Sec.
2068.
Section
475A.1,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
Appointment.
The
attorney
general
shall
appoint
a
competent
attorney
to
the
office
of
consumer
advocate,
who
shall
serve
at
the
pleasure
of
the
attorney
general,
subject
to
confirmation
by
the
senate,
no
less
frequently
than
once
every
four
years,
in
accordance
with
section
2.32
.
The
consumer
advocate
is
the
chief
administrator
of
the
consumer
advocate
division
of
the
department
of
justice.
The
advocate’s
term
of
office
is
for
four
years.
The
term
begins
and
ends
in
the
same
manner
as
set
forth
in
section
69.19
.
2.
Vacancy.
If
a
vacancy
occurs
in
the
office
of
consumer
advocate,
the
vacancy
shall
be
filled
for
the
unexpired
term
in
the
same
manner
as
an
original
appointment
under
the
procedures
of
section
2.32
.
Sec.
2069.
Section
475A.1,
subsection
5,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2070.
Section
475A.2,
subsections
2
and
5,
Code
2023,
are
amended
to
read
as
follows:
2.
Act
as
attorney
for
and
represent
Represent
the
interests
of
all
consumers
generally
and
the
public
generally
in
all
proceedings
before
the
utilities
board.
5.
Act
as
attorney
for
and
represent
Represent
the
interests
of
all
consumers
generally
and
the
public
generally
in
proceedings
before
federal
and
state
agencies
and
related
judicial
review
proceedings
and
appeals,
at
the
discretion
of
the
consumer
advocate.
Sec.
2071.
Section
475A.3,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Employees.
The
consumer
advocate
attorney
general
may
employ
attorneys,
legal
assistants,
secretaries,
clerks,
and
other
employees
the
consumer
advocate
finds
necessary
for
the
Senate
File
514,
p.
1058
full
and
efficient
discharge
of
the
duties
and
responsibilities
of
the
office
consumer
advocate
division
.
The
consumer
advocate
may
employ
consultants
as
expert
witnesses
or
technical
advisors
pursuant
to
contract
as
the
consumer
advocate
finds
necessary
for
the
full
and
efficient
discharge
of
the
duties
of
the
office.
Employees
of
the
consumer
advocate
division,
other
than
the
consumer
advocate,
are
subject
to
merit
employment,
except
as
provided
in
section
8A.412
.
Sec.
2072.
REPEAL.
Section
13.5,
Code
2023,
is
repealed.
Sec.
2073.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
DIVISION
V
ECONOMIC
DEVELOPMENT
AUTHORITY
CULTURAL
AFFAIRS
Sec.
2074.
Section
7E.5,
subsection
1,
paragraph
g,
Code
2023,
is
amended
to
read
as
follows:
g.
The
economic
development
authority,
created
in
section
15.105
,
which
has
responsibility
for
ensuring
that
the
economic
development
policies
of
the
state
are
effectively
and
efficiently
carried
out
,
and
for
managing
the
state’s
interest
in
the
areas
of
the
arts,
history,
and
other
cultural
matters
.
Sec.
2075.
Section
7E.5,
subsection
1,
paragraph
l,
Code
2023,
is
amended
by
striking
the
paragraph.
Sec.
2076.
Section
8A.412,
subsection
14,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2077.
Section
15.108,
subsection
5,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
Coordinate
and
develop
with
the
department
of
transportation,
the
department
of
natural
resources,
the
department
of
cultural
affairs,
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
Senate
File
514,
p.
1059
rural
and
urban,
including
main
street
destinations,
green
space
initiatives,
and
artistic
and
cultural
attractions.
Sec.
2078.
Section
15.108,
subsection
5,
paragraph
l,
Code
2023,
is
amended
by
striking
the
paragraph.
Sec.
2079.
Section
15.108,
subsection
9,
Code
2023,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
9.
Cultural
affairs.
To
develop
the
state’s
interest
in
the
areas
of
the
arts,
history,
and
other
cultural
matters.
To
carry
out
this
responsibility,
the
authority
shall:
a.
Accept,
receive,
and
administer
grants
or
other
funds
or
gifts
from
public
or
private
agencies,
including
the
federal
government,
for
the
authority.
b.
Administer
the
Iowa
cultural
trust,
as
advised
and
assisted
by
the
Iowa
arts
council,
as
provided
in
chapter
303A,
and
do
all
of
the
following:
(1)
Develop
and
adopt
by
rule
criteria
for
the
issuance
of
trust
fund
credits
by
measuring
the
efforts
of
qualified
organizations
to
increase
their
endowment
or
other
resources
for
the
promotion
of
the
arts,
history,
or
the
sciences
and
humanities
in
Iowa.
For
purposes
of
this
paragraph,
“qualified
organization”
means
a
tax-exempt,
nonprofit
organization
whose
primary
mission
is
to
promote
the
arts,
history,
or
the
sciences
and
humanities
in
Iowa.
If
the
authority
determines
that
a
qualified
organization
has
increased
the
amount
of
the
qualified
organization’s
endowment
and
other
resources,
the
authority
shall
certify
the
amount
of
increase
in
the
form
of
trust
fund
credits
to
the
treasurer,
who
shall
deposit
in
the
Iowa
cultural
trust
fund,
from
moneys
received
for
purposes
of
the
trust
fund
as
provided
in
section
303A.4,
subsection
2,
an
amount
equal
to
the
trust
fund
credits.
If
the
amount
of
the
trust
fund
credits
issued
by
the
authority
exceeds
the
amount
of
moneys
available
to
be
deposited
in
the
trust
fund
as
provided
in
section
303A.4,
subsection
2,
the
outstanding
trust
fund
credits
shall
not
expire
but
shall
be
available
to
draw
down
additional
moneys
which
become
available
to
be
deposited
in
the
trust
fund
as
provided
in
section
303A.4,
subsection
2.
(2)
Develop
and
implement,
in
accordance
with
subchapter
II,
part
30,
a
grant
application
process
for
grants
issued
to
Senate
File
514,
p.
1060
qualified
organizations.
(3)
Develop
and
adopt
by
rule
criteria
for
the
approval
of
Iowa
cultural
trust
grants.
The
criteria
shall
include
but
shall
not
be
limited
to
the
future
stability
and
sustainability
of
a
qualified
organization.
(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
303A.6,
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.
c.
Design
a
comprehensive,
statewide,
long-range
plan
with
the
assistance
of
the
Iowa
arts
council
to
develop
the
arts
in
Iowa.
The
authority
is
designated
as
the
state
agency
for
carrying
out
the
plan.
d.
By
rule,
establish
advisory
groups
as
necessary
for
the
receipt
of
federal
funds
or
grants
or
the
administration
of
any
of
the
authority’s
programs.
e.
Develop
and
implement
fee-based
educational
programming
opportunities,
including
preschool
programs,
related
to
arts,
history,
and
other
cultural
matters
for
Iowans
of
all
ages.
f.
Conduct
surveys
of
existing
art
and
cultural
programs
and
activities
within
the
state,
including
but
not
limited
to
music,
theater,
dance,
painting,
sculpture,
architecture,
and
allied
arts
and
crafts.
The
authority
shall
submit
a
report
on
the
survey
to
the
governor
and
to
the
general
assembly
no
later
than
ten
calendar
days
after
the
commencement
of
each
first
session
of
the
general
assembly
recommending
appropriate
legislation
or
other
action
as
the
authority
deem
appropriate.
g.
Establish
and
administer
a
film
office.
The
purpose
of
the
film
office
is
to
assist
legitimate
film,
television,
and
video
producers
in
the
production
of
film,
television,
and
Senate
File
514,
p.
1061
video
projects
in
the
state,
and
to
increase
the
fiscal
impact
on
the
state’s
economy
of
film,
television,
and
video
projects
produced
in
the
state.
Sec.
2080.
Section
15.108,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
12.
Miscellaneous.
To
provide
other
necessary
services,
the
authority
shall
do
all
of
the
following:
a.
Collect
and
assemble,
or
cause
to
have
collected
and
assembled,
all
pertinent
information
available
regarding
the
industrial,
agricultural,
and
public
and
private
recreation
and
tourism
opportunities
and
possibilities
of
the
state
of
Iowa,
including
raw
materials
and
products
that
may
be
produced
from
the
raw
materials;
power
and
water
resources;
transportation
facilities;
available
markets;
the
banking
and
financing
facilities;
the
availability
of
industrial
sites;
the
advantages
of
the
state
as
a
whole,
and
particular
sections
of
the
state,
as
industrial
locations;
the
development
of
a
grain
alcohol
motor
fuel
industry
and
its
related
products;
and
other
fields
of
research
and
study
as
the
board
deems
necessary.
This
information
shall
consider
the
encouragement
of
new
industrial
enterprises
in
the
state
and
the
expansion
of
industries
now
existing
within
the
state,
and
allied
fields
to
those
industries.
The
information
shall
also
consider
the
changing
composition
of
the
Iowa
family,
the
level
of
poverty
among
different
age
groups,
and
different
family
structures
in
Iowa
society
and
their
impact
on
Iowa
families.
b.
Apply
for,
receive,
contract
for,
and
expend
federal
funds
and
grants,
and
funds
and
grants
from
other
sources.
c.
Except
as
otherwise
provided
in
sections
8A.110,
260C.14,
and
262.9,
provide
that
an
inventor
whose
research
is
funded
in
whole
or
in
part
by
the
state
shall
assign
to
the
state
a
proportionate
part
of
the
inventor’s
rights
to
a
letter
patent
resulting
from
that
research.
The
state’s
portion
of
the
royalties
or
earnings
derived
from
a
letter
patent
shall
be
paid
to
the
treasurer
of
state
and
credited
by
the
treasurer
to
the
general
fund
of
the
state.
The
authority,
in
conjunction
with
other
state
agencies
including
the
board
of
regents,
shall
provide
incentives
to
inventors
whose
research
is
funded
in
whole
or
in
part
by
the
state
to
encourage
the
inventors
to
have
Senate
File
514,
p.
1062
the
invented
products
produced
in
the
state.
The
incentives
may
include
the
state
receiving
a
smaller
portion
of
the
inventor’s
royalties
or
earnings
than
would
otherwise
occur
under
this
paragraph
or
other
provisions
of
law.
d.
Administer
or
oversee
federal
rural
economic
development
programs
in
the
state.
e.
At
the
director’s
discretion,
accept
payment
by
credit
card
of
any
fees,
interest,
penalties,
subscriptions,
registrations,
purchases,
or
other
payments,
or
any
portion
of
such
payments,
which
are
due
or
collected
by
the
authority.
The
authority
may
adjust
the
amount
of
the
payment
to
reflect
the
costs
of
processing
the
payment
as
determined
by
the
treasurer
of
state.
Payment
by
credit
card
shall
include,
in
addition
to
all
other
charges,
any
discount
charged
by
the
credit
card
issuer.
f.
Provide
technical
assistance
to
individuals
who
are
pursuing
the
purchase
and
operation
of
employee-owned
businesses.
g.
Administer
the
Iowa
energy
center
established
in
section
15.120.
This
paragraph
“g”
is
repealed
July
1,
2027.
h.
Administer
the
partner
state
program
created
in
section
15.421.
Sec.
2081.
Section
15.274,
Code
2023,
is
amended
to
read
as
follows:
15.274
Promotional
program
for
national
historic
landmarks
and
cultural
and
entertainment
districts.
The
economic
development
authority,
in
cooperation
with
the
state
department
of
transportation
and
the
department
of
cultural
affairs
,
shall
establish
and
administer
a
program
designed
to
promote
knowledge
of
and
access
to
buildings,
sites,
districts,
structures,
and
objects
located
in
this
state
that
have
been
designated
by
the
secretary
of
the
interior
of
the
United
States
as
a
national
historic
landmark,
unless
the
national
historic
landmark
is
protected
under
section
22.7,
subsection
20
,
and
certified
cultural
and
entertainment
districts,
as
established
pursuant
to
section
303.3B
.
The
program
shall
be
designed
to
maximize
the
visibility
and
visitation
of
national
historic
landmarks
in
this
state
and
buildings,
sites,
structures,
and
objects
located
in
certified
Senate
File
514,
p.
1063
cultural
and
entertainment
districts,
as
established
pursuant
to
section
303.3B
.
Methods
used
to
maximize
the
visibility
and
visitation
of
such
locations
may
include
the
use
of
tourism
literature,
signage
on
highways,
maps
of
the
state
and
cities,
and
internet
sites.
For
purposes
of
this
section
,
“highway”
means
the
same
as
defined
in
section
325A.1
.
Sec.
2082.
Section
99F.11,
subsection
4,
paragraph
d,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
Five
hundred
twenty
thousand
dollars
is
appropriated
each
fiscal
year
to
the
department
of
cultural
affairs
economic
development
authority
with
one-half
of
the
moneys
allocated
for
operational
support
grants
and
the
remaining
one-half
allocated
for
the
community
cultural
grants
program
established
under
section
303.3
.
Sec.
2083.
Section
103A.45,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Consult
with
state
agencies,
including
the
state
fire
marshal
department
of
inspections,
appeals,
and
licensing
and
the
department
of
cultural
affairs
economic
development
authority
,
governmental
subdivisions,
architects,
engineers,
and
others
who
have
knowledge
of
or
interest
in
the
rehabilitation,
preservation,
restoration,
and
relocation
of
historic
buildings,
with
respect
to
matters
relating
to
the
state
historic
building
code.
Sec.
2084.
Section
303.3,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
The
department
authority
shall
establish
a
grant
program
for
cities
and
nonprofit,
tax-exempt
community
organizations
for
the
development
of
community
programs
that
provide
local
jobs
for
Iowa
residents
and
also
promote
Iowa’s
historic,
ethnic,
and
cultural
heritages
through
the
development
of
festivals,
music,
drama,
cultural
programs,
or
tourist
attractions.
A
city
or
nonprofit,
tax-exempt
community
organization
may
submit
an
application
to
the
department
authority
for
review.
The
department
authority
shall
establish
criteria
for
the
review
and
approval
of
grant
applications.
The
amount
of
a
grant
shall
not
exceed
fifty
percent
of
the
cost
of
the
community
program.
Each
application
shall
include
information
demonstrating
that
the
city
or
nonprofit,
Senate
File
514,
p.
1064
tax-exempt
community
organization
will
provide
matching
funds
of
fifty
percent
of
the
cost
of
the
program.
The
matching
funds
requirement
may
be
met
by
substituting
in-kind
services,
based
on
the
value
of
the
services,
for
actual
dollars.
2.
The
department
authority
shall
establish
a
grant
program
which
provides
general
operating
budget
support
to
major,
multidisciplined
multidisciplinary
cultural
organizations
which
that
demonstrate
cultural
and
managerial
excellence
on
a
continuing
basis
to
the
citizens
of
Iowa.
Applicant
organizations
must
be
incorporated
under
chapter
504
,
be
exempt
from
federal
taxation,
and
not
be
attached
or
affiliated
with
an
educational
institution.
Eligible
organizations
shall
be
operated
on
a
year-round
basis
and
employ
at
least
one
full-time,
paid
professional
staff
member.
The
department
authority
shall
establish
criteria
for
review
and
approval
of
grant
applications.
Criteria
established
shall
include,
but
are
not
limited
to,
a
matching
funds
requirement.
The
matching
funds
requirement
shall
permit
an
applicant
to
meet
the
matching
requirement
by
demonstrating
that
the
applicant’s
budget
contains
funds,
other
than
state
and
federal
funds,
in
excess
of
the
grant
award.
Sec.
2085.
Section
303.3A,
subsection
1,
paragraph
c,
Code
2023,
is
amended
by
striking
the
paragraph.
Sec.
2086.
Section
303.3A,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
The
department
authority
shall
administer
regional
conferences
and
a
statewide
caucus
on
arts
and
cultural
enhancement.
The
purpose
of
the
conferences
and
caucus
is
to
encourage
the
development
of
the
arts
and
culture
in
the
state
by
in
all
of
the
following
ways:
a.
By
identifying
opportunities
for
programs
involving
education,
outreach,
and
enhancement
;
by
.
b.
By
reviewing
possible
changes
in
enhancement
program
policies,
programs,
and
funding
;
and
by
.
c.
By
making
recommendations
to
the
department
authority
regarding
funding
allocations
and
priorities
for
arts
and
cultural
enhancement.
3.
a.
Every
four
years
beginning
in
June
2001
2025
,
the
department
authority
shall
convene
a
statewide
caucus
on
arts
Senate
File
514,
p.
1065
and
cultural
enhancement.
a.
b.
Prior
to
the
statewide
caucus,
the
department
authority
shall
make
arrangements
to
hold
a
conference
in
each
of
several
regions
of
the
state
as
determined
by
the
Iowa
arts
council.
The
department
authority
shall
promote
attendance
of
interested
persons
at
each
conference.
A
designee
of
the
department
shall
serve
as
temporary
chairperson
until
persons
attending
the
conference
elect
a
chairperson.
The
department
authority
shall
provide
persons
attending
the
conference
with
current
information
regarding
cultural
programs
and
expenditures.
Persons
attending
the
conference
shall
identify
opportunities
for
programs
in
the
areas
of
education,
outreach,
and
enhancement,
and
make
recommendations
in
the
form
of
a
resolution.
The
persons
attending
the
conference
shall
elect
six
persons
from
among
the
attendees
to
serve
as
regional,
voting
delegates
to
the
statewide
caucus.
The
conference
attendees
shall
elect
a
chairperson
from
among
the
six
representatives.
Other
interested
persons
are
encouraged
to
attend
the
statewide
caucus
as
nonvoting
attendees.
b.
c.
The
department
authority
shall
charge
a
reasonable
fee
for
attendance
at
the
statewide
caucus
on
arts
and
cultural
enhancement.
c.
d.
A
designee
of
the
department
authority
shall
call
the
statewide
caucus
to
order
and
serve
as
temporary
chairperson
until
persons
attending
the
caucus
elect
a
chairperson.
Persons
attending
the
caucus
shall
discuss
the
recommendations
of
the
regional
conferences
and
decide
upon
recommendations
to
be
made
to
the
department
authority
and
the
general
assembly.
Elected
chairpersons
of
the
regional
conferences
shall
meet
with
representatives
of
the
department
authority
and
present
the
recommendations
of
the
caucus.
Sec.
2087.
Section
303.3B,
Code
2023,
is
amended
to
read
as
follows:
303.3B
Cultural
and
entertainment
districts.
1.
The
department
of
cultural
affairs
authority
shall
establish
and
administer
a
cultural
and
entertainment
district
certification
program.
The
program
shall
encourage
the
growth
of
communities
through
the
development
of
areas
within
a
city
or
county
for
public
and
private
uses
related
to
cultural
and
Senate
File
514,
p.
1066
entertainment
purposes.
2.
A
city
or
county
may
create
and
designate
a
cultural
and
entertainment
district
subject
to
certification
by
the
department
of
cultural
affairs,
in
consultation
with
the
economic
development
authority.
A
cultural
and
entertainment
district
is
encouraged
to
include
a
unique
form
of
transportation
within
the
district
and
for
transportation
between
the
district
and
recreational
trails.
A
cultural
and
entertainment
district
certification
shall
remain
in
effect
for
ten
years
following
the
date
of
certification.
Two
or
more
cities
or
counties
may
apply
jointly
for
certification
of
a
district
that
extends
across
a
common
boundary.
Through
the
adoption
of
administrative
rules,
the
department
of
cultural
affairs
authority
shall
develop
a
certification
application
for
use
in
the
certification
process.
The
provisions
of
this
subsection
relating
to
the
adoption
of
administrative
rules
shall
be
construed
narrowly.
3.
The
department
of
cultural
affairs
authority
shall
encourage
development
projects
and
activities
located
in
certified
cultural
and
entertainment
districts
through
incentives
under
cultural
grant
programs
pursuant
to
section
303.3
,
chapter
303A
part
30
,
and
any
other
applicable
grant
programs.
Sec.
2088.
Section
303.3C,
subsection
1,
paragraphs
a,
d,
and
f,
Code
2023,
are
amended
to
read
as
follows:
a.
The
department
of
cultural
affairs
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
authentic
qualities
of
communities,
regions,
neighborhoods,
and
districts
that
make
such
places
exceptional
places
to
work
and
live.
The
department
of
cultural
affairs
authority
shall
provide
administrative
assistance
to
the
Iowa
great
places
board.
The
department
of
cultural
affairs
authority
shall
coordinate
the
efforts
of
the
Iowa
great
places
board
with
the
efforts
of
state
agencies
participating
in
the
program
which
shall
include
,
but
not
be
limited
to
,
the
economic
development
authority,
the
Iowa
finance
authority,
the
department
of
human
rights,
the
department
of
natural
resources,
the
state
department
of
transportation,
and
the
Senate
File
514,
p.
1067
department
of
workforce
development.
d.
The
department
of
cultural
affairs
authority
shall
work
in
cooperation
with
the
vision
Iowa
and
community
attraction
and
tourism
programs
enhance
Iowa
board
for
purposes
of
maximizing
and
leveraging
moneys
appropriated
to
identified
Iowa
great
places.
f.
The
department
of
cultural
affairs
authority
shall
account
for
any
funds
appropriated
from
the
endowment
for
Iowa’s
health
restricted
capitals
fund
for
an
identified
Iowa
great
place.
Sec.
2089.
Section
303.3C,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
Iowa
great
places
board
is
established
consisting
of
twelve
members.
The
board
shall
be
located
for
administrative
purposes
within
the
department
of
cultural
affairs
authority
and
the
director
shall
provide
office
space,
staff
assistance,
and
necessary
supplies
and
equipment
for
the
board.
The
director
shall
budget
moneys
to
pay
the
compensation
and
expenses
of
the
board.
In
performing
its
functions,
the
board
is
performing
a
public
function
on
behalf
of
the
state
and
is
a
public
instrumentality
of
the
state.
Sec.
2090.
Section
303.3D,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
An
Iowa
great
places
program
fund
is
created
under
the
authority
of
the
department
of
cultural
affairs
.
The
fund
shall
consist
of
appropriations
made
to
the
fund
and
transfers
of
interest,
earnings,
and
moneys
from
other
funds
as
provided
by
law.
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
earnings
on
investments
or
time
deposits
of
the
moneys
in
the
Iowa
great
places
program
fund
shall
be
credited
to
the
Iowa
great
places
program
fund.
3.
In
awarding
moneys
the
department
of
cultural
affairs
authority
shall
give
consideration
to
the
particular
needs
of
each
identified
Iowa
great
place.
Sec.
2091.
Section
303.3E,
Code
2023,
is
amended
to
read
as
follows:
303.3E
Culture,
history,
and
arts
teams
program.
1.
The
department
of
cultural
affairs
authority
shall
establish
and
administer
a
statewide
program
facilitating
the
Senate
File
514,
p.
1068
promotion
of
culture,
history,
and
arts
in
Iowa.
The
program’s
purpose
shall
be
to
encourage
cooperation
and
collaboration
among
the
various
state
and
local
organizations
working
in
these
areas
to
improve
Iowa’s
quality
of
life.
2.
The
department
authority
shall
implement
the
program
by
working
with
the
local
organizations
to
establish
local
committees.
Each
committee
shall:
a.
Include
representatives
from
local
organizations
dedicated
to
promoting
culture,
history,
and
arts.
b.
Gather
and
disseminate
information
on
the
cultural,
historical,
and
arts
opportunities
in
the
regions.
c.
Enhance
communication
among
the
local
organizations.
d.
Assist
the
staff
members
of
local
organizations
in
obtaining
technical
and
professional
training.
3.
The
department
authority
shall
assist
local
organizations
in
the
delivery
of
technical
services,
professional
training,
and
programming
opportunities
by
working
with
these
committees.
Sec.
2092.
Section
303.20,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
As
used
in
this
subchapter
of
this
chapter
part
,
unless
the
context
otherwise
requires:
Sec.
2093.
Section
303.20,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
“Commission”
is
the
five-person
body,
elected
by
the
registered
voters
in
the
historical
preservation
district
from
persons
living
in
the
district
for
the
purpose
of
administering
this
subchapter
of
this
chapter
part
.
3.
“District”
means
a
historical
preservation
district
established
under
this
subchapter
of
this
chapter
part
.
Sec.
2094.
Section
303.20,
subsection
4,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2095.
Section
303.21,
Code
2023,
is
amended
to
read
as
follows:
303.21
Petition.
1.
The
eligible
voters
in
an
area
of
asserted
historical
significance
may
petition
the
department
authority
for
a
referendum
for
the
establishment
of
a
district.
2.
The
petition
must
be
signed
by
not
less
than
ten
percent
of
the
eligible
voters
of
in
the
area
of
asserted
historical
Senate
File
514,
p.
1069
significance
and
shall
contain
both
a
description
of
the
property
suggested
for
inclusion
in
the
district
and
the
reasons
justifying
the
creation
of
the
district.
Sec.
2096.
Section
303.22,
Code
2023,
is
amended
to
read
as
follows:
303.22
Action
by
department
the
authority
.
1.
The
department
authority
shall
hold
a
hearing
not
less
than
thirty
days
or
and
not
more
than
sixty
days
after
the
petition
is
received.
The
department
authority
shall
publish
notice
of
the
hearing,
at
a
reasonable
time
before
the
hearing
is
to
take
place,
and
shall
post
notice
of
the
hearing
in
a
reasonable
number
of
places
within
the
suggested
district.
The
cost
of
notification
shall
be
paid
by
the
persons
who
petition
for
the
establishment
of
a
district.
2.
At
the
hearing
the
department
authority
shall
hear
interested
persons,
accept
written
presentations,
and
shall
determine
whether
the
suggested
district
is
an
area
of
historical
significance
which
may
properly
be
established
as
a
historical
preservation
district
pursuant
to
the
provisions
of
this
subchapter
of
this
chapter
part
.
The
department
authority
may
determine
the
boundaries
which
shall
be
established
for
the
district.
The
department
authority
shall
not
include
property
which
is
not
included
in
the
suggested
district
unless
the
owner
of
the
property
is
given
an
opportunity
to
be
heard.
3.
The
department,
if
it
If
the
authority
determines
that
the
suggested
district
meets
the
criteria
for
establishment
as
a
historical
preservation
district,
the
authority
shall
indicate
the
owners
of
the
property
and
residents
included
and
shall
forward
a
list
of
owners
and
residents
to
the
county
commissioner
of
elections.
4.
If
the
department
authority
determines
that
the
suggested
district
does
not
meet
the
criteria
for
establishment
as
a
historical
preservation
district,
it
the
authority
shall
so
notify
the
petitioners.
Sec.
2097.
Section
303.23,
Code
2023,
is
amended
to
read
as
follows:
303.23
Referendum.
Within
thirty
days
after
the
receipt
of
the
list
of
owners
of
property
and
residents
within
the
suggested
historical
Senate
File
514,
p.
1070
preservation
district,
the
department
authority
shall
fix
a
date
not
more
than
forty-five
days
from
the
receipt
of
the
petition
seeking
a
referendum
on
the
question
of
establishment
of
a
historical
preservation
district.
The
department
authority
,
after
consultation
with
the
county
commissioner
of
elections,
shall
specify
the
polling
place
within
the
suggested
district
that
will
best
serve
the
convenience
of
the
voters
and
shall
appoint
from
residents
of
the
proposed
district
three
judges
and
two
clerks
of
election
from
residents
of
the
proposed
district
.
Sec.
2098.
Section
303.24,
Code
2023,
is
amended
to
read
as
follows:
303.24
Notice.
The
department
authority
,
after
consultation
with
the
county
commissioner
of
elections,
shall
post
notice
of
the
referendum
in
a
reasonable
number
of
places
within
the
suggested
district
a
reasonable
time
before
it
the
referendum
is
to
take
place.
The
notice
shall
state
the
purpose
of
the
referendum,
a
description
of
the
district,
the
date
of
the
referendum,
the
location
of
the
polling
place,
and
the
hours
when
the
polls
will
be
open
and
close
.
Sec.
2099.
Section
303.26,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Of
the
initial
commission
,
the
person
receiving
the
highest
number
of
votes
shall
receive
serve
a
five-year
term
of
office,
the
next
highest
shall
serve
a
four-year
term,
the
next
highest
shall
serve
a
three-year
term,
the
next
highest
shall
serve
a
two-year
term,
and
the
fifth
highest
shall
serve
a
one-year
term.
Thereafter,
an
election
shall
be
held
annually
in
the
district
to
elect
a
member
to
a
five-year
term
as
each
term
expires.
Sec.
2100.
Section
303.29,
Code
2023,
is
amended
to
read
as
follows:
303.29
Use
of
structures.
No
A
change
in
the
use
of
any
structure
or
property
within
a
designated
historical
district
shall
not
be
permitted
until
after
an
application
for
a
certificate
of
appropriateness
has
been
submitted
to
,
and
been
approved
by
the
commission.
For
purposes
of
this
section
“use”
means
the
legal
enjoyment
Senate
File
514,
p.
1071
of
property
that
consists
in
its
employment,
exercise,
or
practice.
Sec.
2101.
Section
303.32,
Code
2023,
is
amended
to
read
as
follows:
303.32
Ordinary
maintenance
and
repair.
Nothing
in
this
subchapter
of
this
chapter
This
part
shall
not
be
construed
to
prevent
the
ordinary
maintenance
or
repair
of
any
exterior
feature
in
a
district
which
does
not
involve
a
change
in
design,
material
or
outer
appearance,
nor
to
prevent
the
construction,
reconstruction,
alteration,
restoration
or
demolition
of
any
such
feature
which
is
required
by
for
public
safety
because
of
reasons
due
to
an
unsafe
or
dangerous
condition.
Sec.
2102.
Section
303.34,
subsections
1
and
4,
Code
2023,
are
amended
to
read
as
follows:
1.
An
area
of
historical
significance
shall
be
proposed
by
the
governing
body
of
the
city
on
its
the
governing
body’s
own
motion
or
upon
the
receipt
by
the
governing
body
of
a
petition
signed
by
residents
of
the
city.
The
city
shall
submit
a
description
of
the
proposed
area
of
historical
significance
or
the
petition
describing
the
proposed
area,
if
the
proposed
area
is
a
result
of
the
receipt
of
a
petition,
to
the
historical
division
which
state
historic
preservation
officer
who
shall
determine
if
the
proposed
area
meets
the
criteria
in
subsection
2
and
may
make
recommendations
concerning
the
proposed
area.
Any
recommendations
made
by
the
division
state
historic
preservation
officer
shall
be
made
available
by
the
city
to
the
public
for
viewing
during
normal
working
hours
at
a
city
government
place
of
public
access.
4.
An
area
shall
be
designated
an
area
of
historical
significance
upon
enactment
of
an
ordinance
of
by
the
city.
Before
Prior
to
enactment
of
the
ordinance
or
enactment
of
an
amendment
to
the
ordinance
is
enacted
,
the
governing
body
of
the
city
shall
submit
the
ordinance
or
amendment
to
the
historical
division
state
historic
preservation
officer
for
its
review
and
recommendations.
Sec.
2103.
Section
303.87,
Code
2023,
is
amended
to
read
as
follows:
303.87
Duties
of
Iowa
arts
council.
Senate
File
514,
p.
1072
The
Iowa
arts
council
shall
:
1.
Advise
the
director
with
respect
to
policies,
programs,
and
procedures
for
carrying
out
the
administrator’s
functions,
duties,
or
responsibilities.
2.
Review
review
programs
to
be
supported
and
make
recommendations
on
the
programs
to
the
director.
Sec.
2104.
Section
303.88,
Code
2023,
is
amended
to
read
as
follows:
303.88
Administrator’s
Authority’s
powers
and
authority
.
The
arts
division
administrator
may
authority
shall
:
1.
Make
and
sign
any
agreements
and
perform
any
acts
which
are
necessary,
desirable,
or
proper
to
carry
out
the
purpose
of
the
division.
2.
Request
and
obtain
assistance
and
data
from
any
department,
division,
board,
bureau,
commission,
or
agency
of
the
state.
3.
Accept
any
federal
funds
granted
,
by
Act
of
Congress
or
by
executive
order
,
for
all
or
any
purposes
of
this
subchapter
part
,
and
receive
and
disburse
as
the
official
agent
of
the
state
any
funds
made
available
by
the
national
endowment
for
the
arts.
4.
2.
Accept
gifts,
contributions,
endowments,
bequests,
or
other
moneys
available
for
all
or
any
of
the
purposes
of
the
division
this
part
.
Interest
earned
on
the
gifts,
contributions,
endowments,
bequests,
or
other
moneys
accepted
under
this
subsection
part
shall
be
credited
to
the
fund
or
funds
to
which
the
gifts,
contributions,
endowments,
bequests,
or
other
moneys
have
been
deposited,
and
is
available
for
all
or
any
of
the
purposes
of
the
division
authority
under
this
part
.
Sec.
2105.
Section
303A.1,
Code
2023,
is
amended
to
read
as
follows:
303A.1
Short
title.
This
chapter
part
shall
be
known
and
may
be
cited
as
the
“Iowa
Cultural
Trust
Act”
.
Sec.
2106.
Section
303A.3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
For
purposes
of
this
chapter
part
,
unless
the
context
otherwise
requires:
Sec.
2107.
Section
303A.3,
subsections
2
and
3,
Code
2023,
Senate
File
514,
p.
1073
are
amended
by
striking
the
subsections.
Sec.
2108.
Section
303A.4,
subsections
1,
2,
and
4,
Code
2023,
are
amended
to
read
as
follows:
1.
The
Iowa
cultural
trust
is
created
as
a
public
body
corporate
organized
for
the
purposes,
with
the
powers,
and
subject
to
the
restrictions,
set
forth
in
this
chapter
part
.
2.
An
Iowa
cultural
trust
fund
is
created
in
the
office
of
the
treasurer
of
state
for
the
purpose
of
receiving
moneys
appropriated
by
the
general
assembly
and
any
other
moneys
available
to
the
trust
fund
due
to
the
issuance
of
trust
fund
credits
by
the
director
as
provided
in
section
303.1A
15.108
,
subsection
1
9
,
paragraph
“f”
“b”
,
subparagraph
(1)
.
4.
a.
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
303A.7
.
The
trust
fund’s
principal
shall
not
be
used
or
accessed
by
the
department
or
the
board
for
any
purpose.
b.
Notwithstanding
paragraph
“a”
,
for
each
of
the
following
fiscal
years,
the
treasurer
of
state
shall
transfer
the
following
amounts
from
the
principal
of
the
trust
fund
to
the
grant
account
created
in
section
303A.7
:
(1)
For
the
fiscal
year
beginning
July
1,
2013,
and
ending
June
30,
2014,
fifty
thousand
dollars.
(2)
For
the
fiscal
year
beginning
July
1,
2014,
and
ending
June
30,
2015,
fifty
thousand
dollars.
Sec.
2109.
Section
303A.5,
subsections
1
and
6,
Code
2023,
are
amended
to
read
as
follows:
1.
A
board
of
trustees
of
the
Iowa
cultural
trust
is
created.
The
general
responsibility
for
the
proper
operation
of
the
trust
is
vested
in
the
board
of
trustees,
which
shall
consist
of
thirteen
members
as
follows:
a.
Nine
public
members,
five
of
whom
shall
be
appointed
by
the
governor,
subject
to
confirmation
by
the
senate.
The
majority
leader
of
the
senate,
the
minority
leader
of
the
senate,
the
speaker
of
the
house,
and
the
minority
leader
of
the
house
of
representatives
shall
each
appoint
one
public
member.
A
public
member
of
the
board
appointed
in
accordance
with
this
section
shall
not
also
serve
concurrently
as
a
member
of
the
Senate
File
514,
p.
1074
state
historical
society
board
of
trustees
or
the
Iowa
state
arts
council.
b.
Four
ex
officio,
nonvoting
members,
consisting
of
the
treasurer
of
state
or
the
treasurer’s
designee,
the
director
of
the
department
of
cultural
affairs
authority
or
the
director’s
designee,
the
chairperson
of
the
state
historical
society
board
of
trustees
elected
pursuant
to
section
303.6
,
and
the
chairperson
of
the
Iowa
arts
council
designated
pursuant
to
section
303.86
.
6.
The
board
shall
be
located
for
administrative
purposes
within
the
department
authority
.
The
department
authority
,
subject
to
approval
by
the
board,
shall
adopt
administrative
rules
pursuant
to
chapter
17A
necessary
to
administer
the
income
derived
from
the
Iowa
cultural
trust
fund
and
to
perform
specific
powers
and
duties
as
provided
in
section
303A.6
.
The
director
shall
budget
funds
to
pay
the
expenses
of
the
board
and
administer
this
chapter
part
.
Sec.
2110.
Section
303A.6,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
Enter
into
agreements
with
any
qualified
organization,
the
state,
or
any
federal
or
other
state
agency,
or
other
entity
as
required
to
administer
this
chapter
part
.
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
303.1A
15.108
,
subsection
1
9
,
paragraph
“f”
,
subparagraph
(3)
“b”
.
The
board
may
delete
remove
any
recommendation
from
the
list
,
but
shall
not
add
to
or
otherwise
amend
the
list
of
recommended
grants.
Sec.
2111.
Section
306D.2,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
state
department
of
transportation
shall
prepare
a
statewide,
long-range
plan
for
the
protection,
enhancement,
and
identification
of
highways
and
secondary
roads
which
pass
through
unusually
scenic
areas
of
the
state
as
identified
in
section
306D.1
.
The
department
of
natural
resources,
department
of
the
economic
development
authority
,
and
department
of
cultural
affairs,
private
organizations,
county
conservation
boards,
city
park
and
recreation
departments,
and
Senate
File
514,
p.
1075
the
federal
agencies
having
jurisdiction
over
land
in
the
state
shall
be
encouraged
to
assist
in
preparing
the
plan.
The
plan
shall
be
coordinated
with
the
state’s
open
space
plan
if
a
state
open
space
plan
has
been
approved
by
the
general
assembly.
The
plan
shall
include,
but
is
not
limited
to,
the
following
elements:
Sec.
2112.
Section
321.252,
subsection
3,
paragraph
a,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
The
tourist
signing
committee
shall
be
made
up
of
the
directors
or
their
the
directors’
designees
of
the
departments
of
agriculture
and
land
stewardship,
natural
resources,
cultural
affairs,
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.
Sec.
2113.
Section
404A.1,
subsection
3,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2114.
Section
404A.1,
subsection
8,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
property
meets
the
physical
criteria
and
standards
for
rehabilitation
established
by
the
department
authority
by
rule.
To
the
extent
applicable,
the
physical
standards
and
criteria
shall
be
consistent
with
the
United
States
secretary
of
the
interior’s
standards
for
rehabilitation.
Sec.
2115.
Section
404A.3,
subsection
1,
paragraphs
c
and
e,
Code
2023,
are
amended
to
read
as
follows:
c.
The
application
shall
include
any
information
deemed
necessary
by
the
authority
,
in
consultation
with
the
department,
to
evaluate
the
eligibility
under
the
program
of
the
applicant
and
the
rehabilitation
project,
the
amount
of
projected
qualified
rehabilitation
expenditures
of
a
rehabilitation
project,
and
the
amount
and
source
of
all
funding
for
a
rehabilitation
project.
An
applicant
shall
have
the
burden
of
proof
to
demonstrate
to
the
authority
that
the
applicant
is
an
eligible
taxpayer
and
the
project
is
a
qualified
rehabilitation
project
under
the
program.
Senate
File
514,
p.
1076
e.
(1)
The
authority
may
charge
application
and
other
fees
to
eligible
taxpayers
who
apply
to
participate
in
the
program.
The
amount
of
such
fees
shall
be
determined
based
on
the
costs
of
to
the
authority
and
the
department
associated
with
of
administering
the
program.
(2)
Fees
collected
by
the
authority
pursuant
to
this
paragraph
shall
be
deposited
with
the
authority
notwithstanding
section
303.9,
subsection
1
.
(3)
A
portion
of
the
fees
collected
shall
be
directed
by
the
authority
to
the
department.
Sec.
2116.
Section
404A.3,
subsection
3,
paragraph
b,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
The
rehabilitation
work
to
be
performed.
An
eligible
taxpayer
shall
perform
the
rehabilitation
work
consistent
with
the
United
States
secretary
of
the
interior’s
standards
for
rehabilitation,
as
determined
by
the
department
authority
.
Sec.
2117.
Section
404A.3,
subsection
4,
paragraph
c,
subparagraph
(3),
subparagraph
division
(b),
Code
2023,
is
amended
to
read
as
follows:
(b)
“Prohibited
activity”
means
a
breach
or
default
under
the
agreement
with
the
department
authority
,
the
violation
of
any
warranty
provided
by
the
eligible
taxpayer
to
the
department
authority
or
the
department
of
revenue,
the
claiming
of
a
tax
credit
issued
under
this
chapter
for
expenditures
that
are
not
qualified
rehabilitation
expenditures,
the
violation
of
any
requirements
of
this
chapter
or
rules
adopted
pursuant
to
this
chapter
,
misrepresentation,
fraud,
or
any
other
unlawful
act
or
omission.
Sec.
2118.
Section
404A.4,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
The
amount
of
a
tax
credit
that
was
available
for
approval
by
the
state
historical
preservation
office
of
the
department
of
cultural
affairs
under
section
404A.4,
Code
2014
,
in
a
fiscal
year
beginning
on
or
after
July
1,
2010,
but
before
July
1,
2014,
that
was
required
to
be
allocated
to
new
projects
with
final
qualified
rehabilitation
costs
of
five
hundred
thousand
dollars
or
less,
or
seven
hundred
fifty
thousand
dollars
or
less,
as
the
case
may
be,
and
that
was
not
finally
approved
by
the
state
historical
preservation
office,
may
be
Senate
File
514,
p.
1077
awarded
under
section
404A.3
during
the
fiscal
years
beginning
on
or
after
July
1,
2014,
but
before
July
1,
2016.
Sec.
2119.
Section
404A.6,
Code
2023,
is
amended
to
read
as
follows:
404A.6
Rules.
The
authority
,
department,
and
the
department
of
revenue
shall
each
adopt
rules
as
necessary
for
the
administration
of
this
chapter
.
Sec.
2120.
Section
427.16,
subsection
15,
Code
2023,
is
amended
to
read
as
follows:
15.
The
department
of
cultural
affairs
economic
development
authority
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section
.
Sec.
2121.
Section
465A.2,
subsection
1,
paragraph
b,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Prepare
a
statewide,
long-range
plan
for
the
acquisition
and
protection
of
significant
open
space
lands
throughout
the
state
as
identified
in
section
465A.1
.
The
department
of
transportation,
department
of
the
economic
development
authority
,
and
department
of
cultural
affairs,
private
organizations,
county
conservation
boards,
city
park
and
recreation
departments,
and
the
federal
agencies
with
lands
in
the
state
shall
be
directly
involved
in
preparing
the
plan.
The
plan
shall
include,
but
is
not
limited
to,
the
following
elements:
Sec.
2122.
Section
465B.2,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
state
department
of
transportation
may
enter
into
contracts
for
the
preparation
of
the
trails
plan.
The
department
shall
involve
the
department
of
natural
resources
,
and
the
Iowa
department
of
economic
development
,
and
the
department
of
cultural
affairs
authority
in
the
preparation
of
the
plan.
The
recommendations
and
comments
of
organizations
representing
different
types
of
trail
users
and
others
with
interests
in
this
program
shall
also
be
incorporated
in
the
preparation
of
the
trails
plan
and
shall
be
submitted
with
the
plan
to
the
general
assembly.
The
plan
shall
be
submitted
to
the
general
assembly
no
later
than
January
15,
1988.
Existing
Senate
File
514,
p.
1078
trail
projects
involving
acquisition
or
development
may
receive
funding
prior
to
the
completion
of
the
trails
plan.
Sec.
2123.
Section
465B.3,
Code
2023,
is
amended
to
read
as
follows:
465B.3
Involvement
of
other
agencies.
The
department
of
natural
resources
,
and
the
economic
development
authority
,
and
the
department
of
cultural
affairs
shall
assist
the
state
department
of
transportation
in
developing
the
statewide
plan
for
recreation
trails,
in
acquiring
property,
and
in
the
development,
promotion,
and
management
of
recreation
trails.
Sec.
2124.
REPEAL.
Sections
303.1,
303.1A,
303.2,
and
303.95,
Code
2023,
are
repealed.
Sec.
2125.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
303.3
to
section
15.436.
b.
Section
303.3A
to
section
15.437.
c.
Section
303.3B
to
section
15.438.
d.
Section
303.3C
to
section
15.439.
e.
Section
303.3D
to
section
15.440.
f.
Section
303.3E
to
section
15.441.
g.
Section
303.20
to
section
15.445.
h.
Section
303.21
to
section
15.446.
i.
Section
303.22
to
section
15.447.
j.
Section
303.23
to
section
15.448.
k.
Section
303.24
to
section
15.449.
l.
Section
303.25
to
section
15.450.
m.
Section
303.26
to
section
15.451.
n.
Section
303.27
to
section
15.452.
o.
Section
303.28
to
section
15.453.
p.
Section
303.29
to
section
15.454.
q.
Section
303.30
to
section
15.455.
r.
Section
303.31
to
section
15.456.
s.
Section
303.32
to
section
15.457.
t.
Section
303.33
to
section
15.458.
u.
Section
303.34
to
section
15.459.
v.
Section
303.86
to
section
15.465.
w.
Section
303.87
to
section
15.466.
Senate
File
514,
p.
1079
x.
Section
303.88
to
section
15.467.
y.
Section
303.89
to
section
15.470.
z.
Section
303A.1
to
section
15.476.
aa.
Section
303A.2
to
section
15.477.
ab.
Section
303A.3
to
section
15.478.
ac.
Section
303A.4
to
section
15.479.
ad.
Section
303A.5
to
section
15.480.
ae.
Section
303A.6
to
section
15.481.
af.
Section
303A.7
to
section
15.482.
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.
3.
The
Code
editor
shall
designate
the
following
new
parts
in
subchapter
II
of
chapter
15:
a.
Sections
15.436
through
15.441
as
part
26.
b.
Sections
15.445
through
15.459
as
part
27.
c.
Sections
15.465
through
15.467
as
part
28.
d.
Section
15.470
as
part
29.
e.
Sections
15.476
through
15.482
as
part
30.
STATE
HISTORIC
PRESERVATION
OFFICER
Sec.
2126.
NEW
SECTION
.
15.121
State
historic
preservation
officer.
1.
The
director
shall
appoint
and
the
governor
shall
certify
the
state
historic
preservation
officer
pursuant
to
federal
requirements.
The
recommendations
and
decisions
of
the
state
historic
preservation
officer
shall
be
subject
to
the
review
and
approval
of
the
director
of
the
economic
development
authority.
2.
The
state
historic
preservation
officer
shall
conduct
historic
preservation
activities
pursuant
to
federal
and
state
requirements,
including
but
not
limited
to
all
of
the
following:
a.
Identifying
and
documenting
historic
properties.
b.
Preparing
and
maintaining
a
state
register
of
historic
places,
including
those
listed
on
the
national
register
of
historic
places.
c.
Conducting
historic
preservation
activities
pursuant
to
federal
and
state
requirements.
d.
Publishing
matters
of
historical
value
to
the
public,
and
pursuing
historical,
architectural,
and
archaeological
research
and
development
which
may
include
but
are
not
Senate
File
514,
p.
1080
limited
to
continuing
surveys,
excavation,
scientific
recording,
interpretation,
and
publication
of
the
historical,
architectural,
archaeological,
and
cultural
sites,
buildings,
and
structures
in
the
state.
3.
Pursuant
to
section
103A.42,
the
state
historic
preservation
officer,
in
response
to
an
adequately
documented
request,
shall
issue
an
opinion
stating
whether
a
property
is
either
included
in
or
appears
to
meet
criteria
for
inclusion
in
the
national
register
of
historic
places.
4.
Pursuant
to
section
303.16,
subsection
6,
paragraph
“h”
,
the
state
historic
preservation
officer
must
approve
a
city
or
county
government
as
a
certified
local
government
prior
to
a
grant
or
loan
fund
award
to
the
city
or
county
government
for
a
project
in
the
historic
preservation
category.
5.
Pursuant
to
section
303.18,
the
state
historic
preservation
officer
shall
require
that
a
rural
electric
cooperative
or
a
municipal
utility
that
is
constructing
an
electric
distribution
and
transmission
facility
for
which
it
is
receiving
federal
funding
conduct
an
archeological
site
survey.
6.
Pursuant
to
section
427.16,
subsections
4
and
12,
the
state
historic
preservation
officer
shall
be
responsible
for
approving
applications
for
certified
substantial
rehabilitation.
Sec.
2127.
Section
457A.1,
Code
2023,
is
amended
to
read
as
follows:
457A.1
Acquisition
by
other
than
condemnation.
The
department
of
natural
resources,
soil
and
water
conservation
districts
as
provided
in
chapter
161A
,
the
historical
division
of
the
department
of
cultural
affairs
state
historic
preservation
officer
,
the
state
archaeologist
appointed
by
the
state
board
of
regents
pursuant
to
section
263B.1
,
any
county
conservation
board,
and
any
city
or
agency
of
a
city
may
acquire
by
purchase,
gift,
contract,
or
other
voluntary
means,
but
not
by
eminent
domain,
conservation
easements
in
land
to
preserve
scenic
beauty,
wildlife
habitat,
riparian
lands,
wetlands,
or
forests;
promote
outdoor
recreation,
agriculture,
soil
or
water
conservation,
or
open
space;
or
otherwise
conserve
for
the
benefit
of
the
public
the
natural
beauty,
natural
and
cultural
resources,
and
public
Senate
File
514,
p.
1081
recreation
facilities
of
the
state.
Sec.
2128.
Section
470.5,
Code
2023,
is
amended
to
read
as
follows:
470.5
Exceptions.
This
chapter
does
not
apply
to
buildings
used
on
January
1,
1980
,
by
the
division
of
adult
corrections
of
the
department
of
human
services
as
maximum
security
detention
facilities
or
to
the
renovation
of
property
nominated
to,
or
entered
in
the
national
register
of
historic
places,
designated
by
statute,
or
included
in
an
established
list
of
historic
places
compiled
by
the
historical
division
of
the
department
of
cultural
affairs
state
historic
preservation
officer
.
Sec.
2129.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfer:
Section
303.18
to
section
15.122.
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.
IOWA
FINANCE
AUTHORITY
Sec.
2130.
Section
7C.4A,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
However,
at
any
time
during
the
calendar
year
the
executive
director
of
the
Iowa
finance
authority
may
determine
that
a
lesser
amount
need
be
allocated
to
the
Iowa
finance
authority
and
on
that
date
this
lesser
amount
shall
be
the
amount
allocated
to
the
authority
and
the
excess
shall
be
allocated
under
subsection
7
.
Sec.
2131.
Section
15.106C,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
a.
The
operations
of
the
authority
shall
be
administered
by
a
director
who
shall
be
appointed
by
the
governor,
subject
to
confirmation
by
the
senate,
and
who
shall
serve
for
a
four-year
term
beginning
and
ending
as
provided
in
section
69.19
at
the
pleasure
of
the
governor
.
An
appointment
by
the
governor
to
fill
a
vacancy
in
the
office
of
the
director
shall
be
for
the
balance
of
the
unexpired
four-year
term.
b.
The
director
of
the
economic
development
authority
under
paragraph
“a”
shall
also
serve
as
the
director
of,
and
Senate
File
514,
p.
1082
administer
the
operations
of,
the
Iowa
finance
authority
pursuant
to
section
16.6.
Sec.
2132.
Section
16.1,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
6A.
“Director”
means
the
director
of
the
economic
development
authority
who
also
serves
as
the
director
of,
and
administers
the
operations
of,
the
Iowa
finance
authority
pursuant
to
section
15.106C,
subsection
1,
paragraph
“b”
.
Sec.
2133.
Section
16.1,
subsection
9,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2134.
Section
16.1A,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
The
board
may,
by
resolution,
delegate
to
the
agricultural
development
board,
title
guaranty
division
board,
executive
director,
or
other
authority
employee
such
of
its
powers,
under
such
terms
and
conditions,
as
it
deems
appropriate.
Sec.
2135.
Section
16.2,
subsections
6
and
8,
Code
2023,
are
amended
to
read
as
follows:
6.
Members
of
the
authority
and
the
executive
director
shall
give
bond
as
required
for
public
officers
in
chapter
64
.
8.
Members
shall
elect
a
chairperson
and
vice
chairperson
annually,
and
other
officers
as
they
the
members
determine,
but
and
the
executive
director
shall
serve
as
secretary
to
the
authority.
Sec.
2136.
Section
16.2A,
subsections
1,
5,
and
7,
Code
2023,
are
amended
to
read
as
follows:
1.
A
title
guaranty
division
is
created
within
the
authority.
The
division
may
also
be
referred
to
as
Iowa
title
guaranty.
The
powers
of
the
division
relating
to
the
issuance
of
title
guaranties
are
vested
in
and
shall
be
exercised
by
a
title
guaranty
division
board
of
five
members
appointed
by
the
governor
subject
to
confirmation
by
the
senate.
The
membership
of
the
title
guaranty
division
board
shall
include
an
attorney,
an
abstractor,
a
real
estate
broker,
a
representative
of
a
lending
institution
that
engages
in
mortgage
lending,
and
a
representative
of
the
housing
development
industry.
The
executive
director
of
the
authority
shall
appoint
an
attorney
Senate
File
514,
p.
1083
as
director
of
the
title
guaranty
division,
who
shall
serve
as
an
ex
officio
member
of
the
title
guaranty
division
board.
The
appointment
of
and
compensation
for
the
division
director
are
exempt
from
the
merit
system
provisions
of
chapter
8A,
subchapter
IV
.
5.
Members
of
the
title
guaranty
division
board
and
the
director
of
the
title
guaranty
division
shall
give
bond
as
required
for
public
officers
in
chapter
64
.
7.
Members
shall
elect
a
chair
and
vice
chair
annually
and
other
officers
as
they
the
members
determine.
The
executive
director
or
the
executive
director’s
designee
shall
serve
as
secretary
to
the
title
guaranty
division
board.
Sec.
2137.
Section
16.2B,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
agricultural
development
division
shall
be
administered
in
accordance
with
the
policies
of
the
agricultural
development
board
created
in
section
16.2C
.
The
executive
director
of
the
authority
may
organize
the
agricultural
development
division
and
employ
necessary
qualified
personnel
to
administer
subchapter
VIII
.
Sec.
2138.
Section
16.2C,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
agricultural
development
board
consists
of
five
members
appointed
by
the
governor
subject
to
confirmation
by
the
senate.
The
executive
director
of
the
authority
or
the
executive
director’s
designee
shall
serve
as
an
ex
officio,
nonvoting
member.
Sec.
2139.
Section
16.2C,
subsection
5,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
The
appointed
members
shall
elect
a
chairperson
and
vice
chairperson
annually,
and
other
officers
as
they
the
members
determine.
The
executive
director
of
the
authority
or
the
executive
director’s
designee
shall
serve
as
secretary
to
the
board.
Sec.
2140.
Section
16.2D,
subsection
2,
paragraph
b,
subparagraph
(8),
Code
2023,
is
amended
to
read
as
follows:
(8)
The
executive
director
of
the
Iowa
finance
authority
or
the
executive
director’s
designee.
Sec.
2141.
Section
16.5,
subsection
4,
Code
2023,
is
amended
Senate
File
514,
p.
1084
to
read
as
follows:
4.
Notwithstanding
any
other
provision
of
law,
the
authority
may
elect
whether
to
utilize
any
or
all
of
the
goods
or
services
available
from
other
state
agencies
in
the
conduct
of
its
affairs.
Departments,
boards,
commissions,
or
other
agencies
of
the
state
shall
provide
reasonable
assistance
and
services
to
the
authority
upon
the
request
of
the
executive
director.
Sec.
2142.
Section
16.6,
Code
2023,
is
amended
to
read
as
follows:
16.6
Executive
director
Director
——
responsibilities.
1.
The
governor,
subject
to
confirmation
by
the
senate,
shall
appoint
an
executive
director
of
the
authority,
who
shall
serve
at
the
pleasure
of
the
governor.
The
executive
director
shall
be
selected
primarily
for
administrative
ability
and
knowledge
in
the
field,
without
regard
to
political
affiliation.
The
director
of
the
economic
development
authority
shall
also
serve
as
the
director
of,
and
administer
the
operations
of,
the
authority
pursuant
to
section
15.106C,
subsection
1,
paragraph
“b”
.
The
executive
director
shall
not,
directly
or
indirectly,
exert
influence
to
induce
any
other
officers
or
employees
of
the
state
to
adopt
a
political
view,
or
to
favor
a
political
candidate
for
office.
2.
The
executive
director
shall
advise
the
authority
on
matters
relating
to
housing
and
housing
finance,
carry
out
all
directives
from
the
authority,
and
hire
and
supervise
the
authority’s
staff
pursuant
to
its
the
authority’s
directions.
All
employees
of
the
authority
are
exempt
from
the
merit
system
provisions
of
chapter
8A,
subchapter
IV
.
3.
The
executive
director,
as
secretary
of
the
authority,
shall
keep
a
record
of
the
proceedings
of
the
authority
and
shall
be
custodian
of
all
books,
documents,
and
papers
filed
with
the
authority
and
of
its
minute
book
and
seal.
The
executive
director
shall
have
authority
to
cause
to
be
made
copies
of
all
minutes
and
other
records
and
documents
of
the
authority
and
to
give
certificates
under
the
seal
of
the
authority
to
the
effect
that
such
copies
are
true
copies
and
all
persons
dealing
with
the
authority
may
rely
upon
such
certificates.
4.
The
executive
director
may
establish
administrative
Senate
File
514,
p.
1085
divisions
within
the
authority
in
order
to
most
efficiently
and
effectively
carry
out
the
authority’s
responsibilities,
provided
that
any
creation
or
modification
of
authority
divisions
be
established
only
after
consultation
with
the
board
of
the
authority.
Sec.
2143.
Section
16.13,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
If
a
member
or
employee
of
the
authority
other
than
the
executive
director
of
the
authority
has
an
interest,
either
direct
or
indirect,
in
a
contract
to
which
the
authority
is,
or
is
to
be,
a
party,
or
in
a
mortgage
lender
requesting
a
loan
from,
or
offering
to
sell
mortgage
loans
to,
the
authority,
the
interest
shall
be
disclosed
to
the
authority
in
writing
and
shall
be
set
forth
in
the
minutes
of
the
authority.
The
member
or
employee
having
the
interest
shall
not
participate
in
any
action
of
the
authority
with
respect
to
that
contract
or
mortgage
lender.
Sec.
2144.
Section
16.13,
subsections
3
and
4,
Code
2023,
are
amended
to
read
as
follows:
3.
Nothing
in
this
section
shall
be
deemed
to
limit
the
right
of
a
member,
officer,
or
employee
of
the
authority
to
acquire
an
interest
in
bonds
or
notes
of
the
authority
or
to
limit
the
right
of
a
member,
officer,
or
employee
other
than
the
executive
director
to
have
an
interest
in
a
financial
institution,
including
a
lending
institution,
in
which
the
funds
of
the
authority
are,
or
are
to
be,
deposited
or
which
is,
or
is
to
be,
acting
as
trustee
or
paying
agent
under
a
trust
indenture
to
which
the
authority
is
a
party.
4.
The
executive
director
shall
not
have
an
interest
in
a
financial
institution,
including
a
lending
institution,
in
which
the
funds
of
the
authority
are,
or
are
to
be,
deposited
or
which
is,
or
is
to
be,
acting
as
trustee
or
paying
agent
under
a
trust
indenture
to
which
the
authority
is
a
party.
The
executive
director
shall
not
receive,
in
addition
to
fixed
salary
or
compensation,
any
money
or
valuable
thing,
either
directly
or
indirectly,
or
through
any
substantial
interest
in
any
other
corporation
or
business
unit,
for
negotiating,
procuring,
recommending,
or
aiding
in
any
purchase
or
sale
of
property,
or
loan,
made
by
the
authority,
nor
shall
the
Senate
File
514,
p.
1086
executive
director
be
pecuniarily
interested,
either
as
principal,
coprincipal,
agent,
or
beneficiary,
either
directly
or
indirectly,
or
through
any
substantial
interest
in
any
other
corporation
or
business
unit,
in
any
such
purchase,
sale,
or
loan.
Sec.
2145.
Section
16.57A,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Notwithstanding
section
8.39
,
and
any
other
law
to
the
contrary,
with
the
prior
written
consent
and
approval
of
the
governor,
the
executive
director
of
the
authority
may
transfer
any
unobligated
and
unencumbered
moneys
in
any
fund
created
pursuant
to
section
16.5,
subsection
1
,
paragraph
“s”
,
for
deposit
in
the
disaster
recovery
housing
assistance
fund
created
in
section
16.57B
.
The
prior
written
consent
and
approval
of
the
director
of
the
department
of
management
shall
not
be
required
to
transfer
the
unobligated
and
unencumbered
moneys.
Sec.
2146.
Section
16.134,
subsection
9,
paragraph
b,
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
(3)
The
executive
director
of
the
authority
or
the
executive
director’s
designee.
Sec.
2147.
Section
16.134,
subsection
10,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
A
water
quality
financing
review
committee
is
created
consisting
of
the
secretary
of
agriculture
or
the
secretary’s
designee,
the
executive
director
of
the
authority
or
the
executive
director’s
designee,
and
the
director
of
the
department
of
natural
resources
or
the
director’s
designee.
Sec.
2148.
Section
257C.7,
Code
2023,
is
amended
to
read
as
follows:
257C.7
Staff.
The
executive
director
and
staff
of
the
Iowa
finance
authority,
pursuant
to
chapter
16
,
shall
also
serve
as
executive
director
and
staff
of
the
advance
funding
authority,
respectively.
The
executive
director
shall
not,
directly
or
indirectly,
exert
influence
to
induce
any
other
officers
or
employees
of
the
state
to
adopt
a
political
view,
or
to
favor
a
political
candidate
for
office.
Sec.
2149.
Section
257C.12,
subsections
1
and
3,
Code
2023,
Senate
File
514,
p.
1087
are
amended
to
read
as
follows:
1.
If
a
member
or
employee
other
than
the
executive
director
of
the
authority
has
an
interest,
either
direct
or
indirect,
in
a
contract
to
which
the
authority
is
or
is
to
be
a
party,
the
interest
shall
be
disclosed
to
the
authority
in
writing
and
shall
be
set
forth
in
the
minutes
of
a
meeting
of
the
authority.
The
member
having
the
interest
shall
not
participate
in
action
by
the
board
with
respect
to
that
contract.
3.
The
executive
director
shall
not
have
an
interest
in
a
bank
or
other
financial
institution
in
which
the
funds
of
the
authority
are
deposited
or
which
is
acting
as
trustee
or
paying
agent
under
a
trust
indenture
to
which
the
authority
is
a
party.
The
executive
director
shall
not
receive,
in
addition
to
fixed
salary
or
compensation,
any
money
or
valuable
thing,
either
directly
or
indirectly,
or
through
any
substantial
interest
in
any
other
corporation
or
business
unit,
for
negotiating,
procuring,
recommending,
or
aiding
in
any
loan
made
by
the
authority,
nor
shall
the
executive
director
be
pecuniarily
interested,
either
as
principal,
co-principal,
agent,
or
beneficiary,
either
directly
or
indirectly
or
through
any
substantial
interest
in
any
other
corporation
or
business
unit,
in
any
loan.
Sec.
2150.
Section
418.5,
subsection
2,
paragraph
f,
Code
2023,
is
amended
to
read
as
follows:
f.
The
executive
director
of
the
Iowa
finance
authority
or
the
executive
director’s
designee.
Sec.
2151.
Section
466B.3,
subsection
4,
paragraph
j,
Code
2023,
is
amended
to
read
as
follows:
j.
The
executive
director
of
the
Iowa
finance
authority
or
the
executive
director’s
designee.
DIVISION
VI
ECONOMIC
DEVELOPMENT
AUTHORITY
——
PARTNER
STATE
PROGRAM
Sec.
2152.
NEW
SECTION
.
15.421
Partner
state
program.
1.
a.
A
partner
state
program
is
created
which
shall
be
administered
by
the
authority.
The
purpose
of
the
partner
state
program
is
to
establish
and
maintain
relationships
between
the
state
and
foreign
countries,
provinces,
states,
regions,
oblasts,
municipalities,
districts,
divisions,
counties,
prefectures,
towns,
cities,
villages,
boroughs,
Senate
File
514,
p.
1088
and
any
other
similar
political
subdivisions
to
facilitate
mutually
beneficial
exchanges,
collaboration,
and
cooperation
with
regard
to
agriculture,
culture,
education,
manufacturing,
science
and
technology,
sports
and
recreation,
tourism,
and
the
arts.
b.
A
partner
state
relationship
must
be
formalized
in
a
partner
state
agreement
approved
by
the
governor.
c.
A
partner
state
agreement
may
be
modified
or
terminated
only
with
the
approval
of
the
governor.
2.
a.
A
partner
state
program
fund
is
created
in
the
state
treasury
under
the
control
of
the
authority
and
consisting
of
any
moneys
appropriated
to
the
fund
by
the
general
assembly
and
any
other
moneys
available
and
obtained
or
accepted
by
the
authority
for
placement
in
the
fund.
The
fund
shall
be
used
to
administer
the
partner
state
program.
The
authority
shall
use
any
moneys
specifically
appropriated
for
purposes
of
this
section
only
for
the
purposes
of
this
section.
b.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
in
the
fund
shall
accrue
to
the
authority
and
shall
be
used
for
purposes
of
this
section.
Notwithstanding
section
8.33,
moneys
in
the
fund
at
the
end
of
each
fiscal
year
shall
not
revert
to
any
other
fund
but
shall
remain
in
the
fund
for
expenditure
for
subsequent
fiscal
years.
Sec.
2153.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
Sec.
2154.
APPLICABILITY.
This
division
of
this
Act
applies
to
all
of
the
following:
1.
Sister
state
agreements
entered
into
by
the
state
before
the
effective
date
of
this
division
of
this
Act
including
agreements
with
the
following:
a.
China,
Hebei
Province.
b.
Italy,
Veneto
Region.
c.
Japan,
Yamanashi
Prefecture.
d.
Republic
of
Kosovo.
e.
Mexico,
Yucatan.
f.
Taiwan.
g.
Ukraine,
Cherkasy
Oblast.
2.
Partner
state
agreement
entered
into
by
the
state
on
or
after
the
effective
date
of
this
division
of
this
Act.
Senate
File
514,
p.
1089
DIVISION
VII
PUBLIC
EMPLOYMENT
RELATIONS
BOARD
Sec.
2155.
Section
7E.6,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
Any
position
of
membership
on
the
board
of
parole,
the
public
employment
relations
board,
the
utilities
board,
the
employment
appeal
board,
and
the
property
assessment
appeal
board
shall
be
compensated
as
otherwise
provided
in
law.
Sec.
2156.
Section
20.1,
subsection
2,
paragraph
g,
Code
2023,
is
amended
by
striking
the
paragraph.
Sec.
2157.
Section
20.5,
Code
2023,
is
amended
to
read
as
follows:
20.5
Public
employment
relations
board.
1.
There
is
established
a
board
to
be
known
as
the
“Public
Employment
Relations
Board”.
a.
The
board
shall
consist
of
three
members
appointed
by
the
governor,
subject
to
confirmation
by
the
senate.
In
selecting
the
members
of
the
board,
consideration
shall
be
given
to
their
knowledge,
ability,
and
experience
in
the
field
of
labor-management
relations.
No
more
than
two
members
shall
be
of
the
same
political
affiliation
,
and
no
member
shall
engage
in
any
political
activity
while
holding
office
and
the
members
shall
devote
full
time
to
their
duties
.
b.
The
members
shall
be
appointed
for
staggered
terms
of
four
years
beginning
and
ending
as
provided
in
section
69.19
.
c.
The
member
first
appointed
for
a
term
of
four
years
shall
serve
as
chairperson
and
each
of
the
member’s
successors
shall
also
serve
as
chairperson.
d.
Any
vacancy
occurring
shall
be
filled
in
the
same
manner
as
regular
appointments
are
made.
2.
The
governor
shall
appoint
an
executive
director
of
the
board,
subject
to
confirmation
by
the
senate,
who
shall
serve
at
the
pleasure
of
the
governor.
The
executive
director
shall
serve
as
the
executive
officer
of
the
board.
In
selecting
the
executive
director,
consideration
shall
be
given
to
the
person’s
knowledge,
ability,
and
experience
in
the
field
of
labor-management
relations.
The
governor
shall
set
the
salary
of
the
executive
director
within
the
applicable
salary
range
established
by
the
general
assembly.
Senate
File
514,
p.
1090
2.
3.
The
board
may
employ
such
persons
as
are
necessary
for
the
performance
of
its
functions.
Personnel
of
the
board
shall
be
employed
pursuant
to
the
provisions
of
chapter
8A,
subchapter
IV
.
3.
4.
The
chairperson
and
the
remaining
two
members
shall
be
compensated
as
provided
in
section
7E.6,
subsection
5
.
Members
of
the
board
and
employees
of
the
board
shall
be
allowed
their
actual
and
necessary
expenses
incurred
in
the
performance
of
their
duties
and
may
be
entitled
to
per
diem
compensation
as
authorized
under
section
7E.6
.
All
expenses
and
salaries
shall
be
paid
from
appropriations
for
such
purposes
and
the
board
shall
be
subject
to
the
budget
requirements
of
chapter
8
.
5.
The
board
shall
meet
at
least
quarterly
and
at
the
call
of
the
chairperson.
Sec.
2158.
Section
20.6,
subsection
1,
Code
2023,
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.
2159.
Section
20.11,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
The
board’s
review
of
proposed
decisions
and
the
rehearing
or
judicial
review
of
final
decisions
is
governed
by
the
provisions
of
chapter
17A
.
Sec.
2160.
Section
20.13,
subsection
3,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2161.
NEW
SECTION
.
20.34
Judicial
review.
Notwithstanding
chapter
17A,
in
a
petition
for
judicial
review
of
a
decision
of
the
board
in
a
contested
case
under
this
chapter,
the
opposing
party
shall
be
named
the
respondent,
and
the
board
shall
not
be
named
as
a
respondent.
Judicial
review
of
agency
action
by
the
board
under
this
chapter
is
not
subject
to
chapter
17A.
DIVISION
VIII
DEPARTMENT
OF
HOMELAND
SECURITY
AND
EMERGENCY
MANAGEMENT
Sec.
2162.
Section
16.57B,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Registration
required.
To
be
considered
for
a
forgivable
loan
or
grant
under
the
program,
a
homeowner
or
renter
must
Senate
File
514,
p.
1091
register
for
the
disaster
case
management
advocacy
program
established
pursuant
to
section
29C.20B
.
The
disaster
case
manager
may
refer
the
homeowner
or
renter
to
the
appropriate
local
program
administrator.
Sec.
2163.
Section
29C.8,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
department
of
homeland
security
and
emergency
management
shall
be
under
the
management
of
a
director
who
shall
be
appointed
by
the
governor
,
subject
to
confirmation
by
the
senate,
and
who
shall
serve
at
the
pleasure
of
the
governor
.
Sec.
2164.
Section
29C.20A,
subsections
2,
4,
and
5,
Code
2023,
are
amended
to
read
as
follows:
2.
The
grant
funds
shall
be
administered
by
the
department
of
human
services
.
The
department
shall
adopt
rules
to
create
the
Iowa
disaster
aid
individual
assistance
grant
program.
The
rules
shall
specify
the
eligibility
of
applicants
and
eligible
items
for
grant
funding.
The
executive
council
shall
use
grant
funds
to
reimburse
the
department
of
human
services
for
its
actual
expenses
associated
with
the
administration
of
the
grants.
The
department
of
human
services
may
implement
an
ongoing
contract
with
a
provider
or
providers
of
a
statewide
program
with
local
offices
throughout
the
state
to
serve
as
the
local
administrative
entity
for
the
grant
program
so
that
the
program
can
be
implemented
with
minimal
delay
when
a
disaster
occurs
in
a
local
area.
The
rules
adopted
by
the
department
of
human
services
for
the
program
shall
include
but
are
not
limited
to
all
of
the
following:
a.
If
a
local
administrative
entity
is
under
contract
with
the
state
to
provide
other
services
or
is
implementing
a
state
or
federal
program
and
the
contract
contains
a
sufficient
surety
bond
or
other
adequate
financial
responsibility
provision,
the
department
shall
accept
the
existing
surety
bond
or
financial
responsibility
provision
in
lieu
of
applying
a
new
or
additional
surety
bond
or
financial
responsibility
requirement.
b.
If
the
president
of
the
United
States
has
declared
a
major
disaster
to
exist
in
this
state
and
federal
aid
is
made
available
to
provide
assistance
grants
to
individuals
similar
to
that
provided
by
the
Iowa
disaster
aid
individual
assistance
grant
program,
the
Iowa
program
shall
be
discontinued.
Senate
File
514,
p.
1092
c.
Authorization
for
the
local
administrative
entity
to
draw
grant
funding
to
pay
valid
claims
on
at
least
a
weekly
basis.
4.
A
recipient
of
grant
funding
shall
receive
reimbursement
for
expenses
upon
presenting
a
receipt
for
an
eligible
expense
or
shall
receive
a
voucher
through
a
voucher
system
developed
by
the
department
of
human
services
and
administered
locally
within
the
designated
disaster
area.
A
voucher
system
shall
ensure
sufficient
data
collection
to
discourage
and
prevent
fraud.
The
department
shall
consult
with
long-term
disaster
recovery
committees
and
disaster
recovery
case
management
committees
in
developing
a
voucher
system.
5.
The
department
of
human
services
shall
submit
an
annual
report,
by
January
1
of
each
year,
to
the
legislative
fiscal
committee
and
the
general
assembly’s
standing
committees
on
government
oversight
concerning
the
activities
of
the
grant
program
in
the
previous
fiscal
year.
Sec.
2165.
Section
29C.20B,
Code
2023,
is
amended
to
read
as
follows:
29C.20B
Disaster
case
management
advocacy
grant
fund
and
program.
1.
a.
A
disaster
case
management
advocacy
grant
fund
is
created
in
the
state
treasury
for
the
use
of
the
executive
council.
Moneys
in
the
fund
shall
be
expended
if
grants
are
awarded
pursuant
to
section
29C.20A
available
following
the
governor’s
proclamation
of
a
state
of
disaster
emergency
or
the
declaration
of
a
major
disaster
by
the
president
of
the
United
States.
b.
The
executive
council
may
make
financial
grants
to
meet
disaster-related
case
management
advocacy
needs
of
disaster-affected
individuals.
The
aggregate
total
of
grants
awarded
shall
not
be
more
than
one
million
dollars
during
a
fiscal
year.
However,
within
the
same
fiscal
year,
additional
funds
may
be
specifically
authorized
by
the
executive
council
to
meet
additional
needs.
Upon
request
of
the
department
of
human
services
,
the
executive
council
may
make
available
up
to
one
hundred
thousand
dollars,
or
so
much
as
is
necessary,
for
contract
entity
staff
support
and
case
management
training.
c.
The
department
of
human
services
shall
work
with
the
department
of
homeland
security
and
emergency
management
Senate
File
514,
p.
1093
and,
as
selected
by
the
department
of
human
services,
a
representative
representatives
of
selected
nonprofit,
voluntary,
and
faith-based
organizations
active
in
disaster
recovery
and
response
to
establish
a
statewide
system
of
disaster
case
management
advocacy
to
be
activated
following
the
governor’s
proclamation
of
a
disaster
emergency
or
the
declaration
of
a
major
disaster
by
the
president
of
the
United
States
for
individual
assistance
purposes.
2.
The
department
of
human
services
shall
administer
disaster
case
management
advocacy
grants.
The
department
of
human
services,
in
conjunction
with
the
department
of
homeland
security
and
emergency
management,
shall
establish
a
disaster
case
management
advocacy
program
and
adopt
rules
pursuant
to
chapter
17A
necessary
to
administer
the
program.
The
executive
council
shall
use
grant
moneys
to
reimburse
the
department
of
human
services
for
actual
expenses
associated
with
the
administration
of
the
grants.
Under
the
program,
the
department
of
human
services
shall
coordinate
case
management
advocacy
services
locally
through
one
or
more
contracted
entities.
The
department
of
human
services
shall
may
implement
an
ongoing
contract
with
a
provider
of
a
statewide
program
with
local
offices
throughout
the
state
to
serve
as
the
local
administrative
entity
for
the
grant
program
to
allow
implementation
of
the
program
with
minimal
delay
if
grants
are
awarded
pursuant
to
section
29C.20A
following
a
governor’s
proclamation
of
a
state
of
disaster
emergency
or
a
declaration
of
a
major
disaster
by
the
president
of
the
United
States.
3.
The
department
of
human
services,
in
conjunction
with
the
department
of
homeland
security
and
emergency
management
and
a
representative
in
consultation
with
representatives
of
the
Iowa
voluntary
organizations
active
in
disaster,
shall
adopt
rules
pursuant
to
chapter
17A
to
create
coordination
mechanisms
and
standards
for
the
establishment
and
implementation
of
a
statewide
system
of
disaster
case
management
advocacy
.
The
rules
adopted
by
the
department
of
human
services
for
the
program
shall
include
but
are
not
limited
to
all
of
the
following:
a.
If
a
local
administrative
entity
is
under
contract
with
the
state
to
provide
other
services
or
is
implementing
a
state
Senate
File
514,
p.
1094
or
federal
program
and
the
contract
contains
a
sufficient
surety
bond
or
other
adequate
financial
responsibility
provisions,
the
department
shall
accept
the
existing
surety
bond
or
financial
responsibility
provisions
in
lieu
of
applying
a
new
or
additional
surety
bond
or
financial
responsibility
requirement.
b.
Authorization
for
the
local
administrative
entity
to
draw
down
grant
funding
to
pay
valid
claims
on
at
least
a
weekly
basis.
c.
Disaster
case
management
advocacy
standards.
d.
Disaster
case
management
advocacy
policies.
e.
Reporting
requirements.
f.
Eligibility
criteria.
g.
Coordination
mechanisms
necessary
to
carry
out
the
services
provided.
h.
Development
of
formal
working
relationships
with
agencies
and
creation
of
interagency
agreements
for
those
considered
to
provide
disaster
case
management
advocacy
services.
i.
Establishment
of
nonduplication
of
benefits
policies
and
mechanisms
for
the
exchange
of
information
between
agencies
to
ensure
compliance
with
the
federal
Health
Insurance
Portability
and
Accountability
Act
of
1996
,
Pub.
L.
No.
104-191,
110
Stat.
1936
(1996)
.
j.
Referral
to
all
known
available
services
for
individuals
from
multiple
agencies
in
coordinated
service
locations.
4.
By
January
1
of
each
year,
the
department
of
human
services
shall
submit
an
annual
written
report
to
the
legislative
fiscal
committee
and
the
general
assembly’s
standing
committees
on
government
oversight
concerning
the
activities
of
the
grant
program
during
the
previous
fiscal
year.
DIVISION
IX
DEPARTMENT
OF
VETERANS
AFFAIRS
Sec.
2166.
Section
7E.5,
subsection
1,
paragraph
v,
Code
2023,
is
amended
to
read
as
follows:
v.
The
department
of
veterans
affairs
.
However,
the
commission
of
veterans
affairs
created
in
section
35A.2
shall
have
created
in
section
35A.4,
which
has
primary
responsibility
for
state
veterans
affairs.
Sec.
2167.
Section
11.5B,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
1095
7.
Iowa
veterans
home
Department
of
veterans
affairs
.
Sec.
2168.
Section
16.2D,
subsection
2,
paragraph
b,
subparagraph
(9),
Code
2023,
is
amended
to
read
as
follows:
(9)
The
director
commandant
of
the
department
of
veterans
affairs
or
the
director’s
commandant’s
designee.
Sec.
2169.
Section
35A.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Commandant”
means
the
commandant
of
the
Iowa
veterans
home
appointed
in
section
35D.13
appointed
pursuant
to
section
35A.8
.
Sec.
2170.
Section
35A.1,
subsection
5,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2171.
Section
35A.2,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
A
commission
of
veterans
affairs
is
created
consisting
of
eleven
persons
who
shall
be
appointed
by
the
governor,
subject
to
confirmation
by
the
senate.
Members
shall
be
appointed
to
staggered
terms
of
four
years
beginning
and
ending
as
provided
in
section
69.19
.
The
governor
shall
fill
a
vacancy
for
the
unexpired
portion
of
the
term.
In
addition
to
the
members
appointed
by
the
governor,
the
director
of
the
department
and
the
commandant
of
the
Iowa
veterans
home
shall
serve
as
a
nonvoting,
ex
officio
members
member
of
the
commission.
3.
a.
The
commissioners
are
entitled
to
receive
reimbursement
for
actual
expenses
incurred
while
engaged
in
the
performance
of
official
duties.
Each
member
of
the
commission
may
also
be
eligible
to
receive
compensation
as
provided
in
section
7E.6
.
b.
The
executive
director,
commandant
,
and
employees
of
the
department
and
the
Iowa
veterans
home
are
entitled
to
receive,
in
addition
to
salary,
reimbursement
for
actual
expenses
incurred
while
engaged
in
the
performance
of
official
duties.
c.
All
out-of-state
travel
by
commissioners
shall
be
approved
by
the
chairperson
of
the
commission.
Sec.
2172.
Section
35A.3,
subsection
4,
Code
2023,
is
amended
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
following:
4.
Review
and
approve
applications
for
distributions
of
moneys
from
the
veterans
license
fee
fund
pursuant
to
section
Senate
File
514,
p.
1096
35A.11
and
the
veterans
trust
fund
pursuant
to
section
35A.13
for
the
benefit
of
veterans,
spouses
of
veterans,
and
dependents
of
veterans.
Sec.
2173.
Section
35A.4,
Code
2023,
is
amended
to
read
as
follows:
35A.4
Department
established.
There
is
established
an
Iowa
department
of
veterans
affairs
which
shall
consist
of
a
commandant,
a
commission,
an
executive
director,
and
any
additional
personnel
as
employed
by
the
executive
director
commandant
.
Sec.
2174.
Section
35A.5,
subsection
10,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
The
department
through
the
director
commandant
shall
have
the
authority
to
accept
suitable
cemetery
land,
in
accordance
with
federal
veterans
cemetery
grant
guidelines,
from
the
federal
government,
state
government,
state
subdivisions,
private
sources,
and
any
other
source
wishing
to
transfer
land
for
use
as
a
veterans
cemetery.
Sec.
2175.
Section
35A.5,
subsection
12,
Code
2023,
is
amended
to
read
as
follows:
12.
Adopt
rules
pursuant
to
chapter
17A
and
establish
policy
for
the
management
and
operation
of
the
department
,
for
the
facilitation
of
programs
under
the
department’s
authority,
and
for
the
performance
of
duties
established
under
this
section
.
Prior
to
adopting
rules,
the
department
shall
submit
proposed
rules
to
the
commission
for
review
and
approval
pursuant
to
the
requirements
of
section
35A.3
.
Sec.
2176.
Section
35A.8,
Code
2023,
is
amended
to
read
as
follows:
35A.8
Executive
director
Commandant
——
term
——
duties.
1.
The
governor
shall
appoint
an
executive
director
a
commandant
,
subject
to
confirmation
by
the
senate,
who
shall
serve
at
the
pleasure
of
the
governor.
The
executive
director
commandant
is
responsible
for
administering
the
duties
of
the
department
and
the
commission
other
than
those
related
to
the
Iowa
veterans
home
.
2.
The
executive
director
commandant
shall
be
a
resident
of
the
state
of
Iowa
and
an
honorably
discharged
veteran
who
served
in
the
armed
forces
of
the
United
States
during
a
Senate
File
514,
p.
1097
conflict
or
war.
As
used
in
this
section
,
the
dates
of
service
in
a
conflict
or
war
shall
coincide
with
the
dates
of
service
established
by
the
Congress
of
the
United
States
.
3.
Except
for
the
employment
duties
and
responsibilities
assigned
to
the
commandant
for
the
Iowa
veterans
home,
the
executive
director
The
commandant
shall
employ
such
personnel
as
are
necessary
for
the
performance
of
the
duties
and
responsibilities
assigned
to
the
department
and
the
commission.
All
employees
shall
be
selected
on
a
basis
of
fitness
for
the
work
to
be
performed
with
due
regard
to
training
and
experience
and
shall
be
subject
to
the
provisions
of
chapter
8A,
subchapter
IV
.
Sec.
2177.
Section
35D.1,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
As
used
in
this
chapter
:
a.
“Commandant”
means
the
commandant
of
the
Iowa
veterans
home
appointed
pursuant
to
section
35D.13
35A.8
.
b.
“Commission”
means
the
commission
of
veterans
affairs
established
in
section
35A.2
.
c.
“Department”
means
the
department
of
veterans
affairs
established
in
section
35A.4.
c.
d.
“Member”
means
a
patient
or
resident
of
the
home.
Sec.
2178.
Section
35D.5,
Code
2023,
is
amended
to
read
as
follows:
35D.5
Surviving
spouses
of
veterans.
If
a
deceased
veteran,
who
would
be
entitled
to
admission
to
the
home
if
the
deceased
veteran
were
living,
has
left
a
surviving
spouse,
the
spouse
is
entitled
to
admission
to
the
home
with
the
same
rights,
privileges,
and
benefits
as
if
the
veteran
were
living
and
a
member
of
the
home,
if
the
spouse
was
married
to
the
veteran
for
at
least
one
year
immediately
prior
to
the
veteran’s
death,
is
found
by
the
commandant
department
to
be
disabled,
meets
the
qualifications
for
nursing
or
residential
level
of
care,
and
is
a
resident
of
the
state
of
Iowa
on
the
date
of
the
application
and
immediately
preceding
the
date
the
application
is
accepted.
Sec.
2179.
Section
35D.7,
Code
2023,
is
amended
to
read
as
follows:
35D.7
Contributing
to
own
support.
Senate
File
514,
p.
1098
1.
Except
as
otherwise
provided
in
chapter
249A
and
other
provisions
of
this
chapter
,
a
member
of
the
home
who
receives
a
pension,
compensation,
or
gratuity
from
the
United
States
government,
or
income
from
any
source
of
more
than
one
hundred
forty
dollars
per
month,
shall
contribute
to
the
member’s
own
maintenance
or
support
while
a
member
of
the
home.
The
amount
of
the
contribution
and
the
method
of
collection
shall
be
determined
by
the
commandant
department
,
but
the
amount
shall
in
no
case
exceed
the
actual
cost
of
keeping
and
maintaining
the
person
in
the
home.
2.
Sums
paid
to
and
received
by
the
commandant
department
for
the
support
of
members
of
the
home
shall
be
considered
repayment
receipts
as
defined
in
section
8.2
and
credited
to
the
Iowa
veterans
home
account
referred
to
in
section
35D.18,
subsection
3
.
3.
The
commandant
department
may
allow
any
member
of
the
home
to
render
assistance
in
the
care
of
the
home
and
its
grounds
as
the
member’s
psychosocial
and
physical
condition
permit,
as
a
phase
of
that
member’s
rehabilitation
program.
The
commandant
department
shall
compensate
each
member
who
furnishes
assistance
at
rates
approved
by
the
commission.
Sec.
2180.
Section
35D.10,
Code
2023,
is
amended
to
read
as
follows:
35D.10
Payment
to
spouse.
Except
as
otherwise
provided
in
chapter
249A
and
other
provisions
of
this
chapter
,
a
member
of
the
home
who
receives
a
pension
or
compensation
and
who
has
a
spouse
shall
deposit
with
the
commandant
department
on
receipt
of
the
member’s
pension
or
compensation
check
one-half
of
its
amount,
which
shall
be
sent
by
the
eighth
day
of
the
month
or
at
once
if
any
such
pension
or
compensation
is
received
after
the
eighth
day
of
the
month
to
the
spouse.
Sec.
2181.
Section
35D.11,
Code
2023,
is
amended
to
read
as
follows:
35D.11
Handling
of
pension
money
and
other
funds.
1.
Pension
money
deposited
with
the
commandant
department
is
not
assignable
for
any
purpose
except
as
provided
in
section
35D.10
,
or
in
accordance
with
subsection
2
of
this
section
.
2.
The
commandant
department
,
if
authorized
by
a
member
of
Senate
File
514,
p.
1099
the
home
,
and
pursuant
to
policies
adopted
by
the
commission,
may
act
on
behalf
of
that
member
in
receiving,
disbursing,
and
accounting
for
personal
funds
of
the
member
received
from
any
source.
The
authorization
may
be
given
by
the
member
at
any
time
and
shall
not
be
a
condition
of
admission
to
the
home.
Sec.
2182.
Section
35D.12,
Code
2023,
is
amended
to
read
as
follows:
35D.12
Bank
account
for
members’
deposits.
1.
a.
The
Iowa
veterans
home,
for
the
convenience
of
its
members,
may
maintain
a
commercial
account
with
a
federally
insured
bank
for
the
individual
personal
deposits
of
its
members.
The
account
shall
be
known
as
the
Iowa
veterans
home
membership
account.
The
commandant
department
shall
record
each
member’s
personal
deposits
individually
and
shall
deposit
the
funds
in
the
membership
account,
where
the
members’
deposits
shall
be
held
in
the
aggregate.
b.
The
Iowa
veterans
home
may
withdraw
moneys
from
the
account
maintained
pursuant
to
this
subsection
to
establish
certificates
of
deposit
for
the
benefit
of
all
members.
The
commission
department
shall
adopt
rules
pursuant
to
chapter
17A
for
the
administration
of
this
paragraph.
2.
The
commandant
department
,
if
authorized
by
a
member
of
the
home
,
and
pursuant
to
policies
adopted
by
the
commission,
may
make
withdrawals
against
that
member’s
personal
account
to
pay
regular
bills
and
other
expenses
incurred
by
the
member.
The
authorization
may
be
given
by
the
member
at
any
time
and
shall
not
be
a
condition
of
admission
to
the
home.
Sec.
2183.
Section
35D.15,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
commandant
shall
administer
and
enforce
all
rules
adopted
by
the
commission,
including
rules
of
discipline
and,
subject
to
these
rules,
may
immediately
suspend
the
membership
of
and
discharge
any
person
from
the
home
for
infraction
of
the
rules
when
the
commandant
department
determines
that
the
health,
safety,
or
welfare
of
the
residents
of
the
home
is
in
immediate
danger
and
other
reasonable
alternatives
have
been
exhausted.
The
suspension
and
discharge
are
temporary
pending
action
by
the
commission.
Judicial
review
of
the
action
of
the
commission
may
be
sought
in
accordance
with
chapter
17A
.
Senate
File
514,
p.
1100
Sec.
2184.
Section
35D.15,
subsection
2,
paragraphs
a,
b,
d,
and
f,
Code
2023,
are
amended
to
read
as
follows:
a.
The
commandant
department
shall,
with
the
input
and
recommendation
of
the
interdisciplinary
resident
care
committee,
involuntarily
discharge
a
member
for
any
of
the
following
reasons:
(1)
(a)
The
member
has
been
diagnosed
with
a
substance
use
disorder
but
continues
to
abuse
alcohol
or
an
illegal
drug
in
violation
of
the
member’s
conditional
or
provisional
agreement
entered
into
at
the
time
of
admission,
and
all
of
the
following
conditions
are
met:
(i)
The
member
has
been
provided
sufficient
notice
of
any
changes
in
the
member’s
collaborative
care
plan.
(ii)
The
member
has
been
notified
of
the
member’s
commission
of
three
offenses
and
has
been
given
the
opportunity
to
correct
the
behavior
through
either
of
the
following
options:
(A)
Being
given
the
opportunity
to
receive
the
appropriate
level
of
treatment
in
accordance
with
best
practices
for
standards
of
care.
(B)
By
having
been
placed
on
probation
by
the
Iowa
veterans
home
for
a
second
offense.
(b)
Notwithstanding
the
member’s
meeting
the
criteria
for
discharge
under
this
subparagraph
(1),
if
the
member
has
demonstrated
progress
toward
the
goals
established
in
the
member’s
collaborative
care
plan,
the
interdisciplinary
resident
care
committee
and
the
commandant
department
may
exercise
discretion
regarding
the
discharge.
Notwithstanding
any
provision
to
the
contrary,
the
member
may
be
immediately
discharged
under
this
subparagraph
(1)
if
the
member’s
actions
or
behavior
jeopardizes
the
life
or
safety
of
other
members
or
staff.
(2)
(a)
The
member
refuses
to
utilize
the
resources
available
to
address
issues
identified
in
the
member’s
collaborative
care
plan,
and
all
of
the
following
conditions
are
met:
(i)
The
member
has
been
provided
sufficient
notice
of
any
changes
in
the
member’s
collaborative
care
plan.
(ii)
The
member
has
been
notified
of
the
member’s
commission
of
three
offenses
and
the
member
has
been
placed
on
probation
by
Senate
File
514,
p.
1101
the
Iowa
veterans
home
for
a
second
offense.
(b)
Notwithstanding
the
member’s
meeting
the
criteria
for
discharge
under
this
subparagraph
(2),
if
the
member
has
demonstrated
progress
toward
the
goals
established
in
the
member’s
collaborative
care
plan,
the
interdisciplinary
resident
care
committee
and
the
commandant
department
may
exercise
discretion
regarding
the
discharge.
Notwithstanding
any
provision
to
the
contrary,
the
member
may
be
immediately
discharged
if
the
member’s
actions
or
behavior
jeopardizes
the
life
or
safety
of
other
members
or
staff.
(3)
The
member
no
longer
requires
a
residential
or
nursing
level
of
care,
as
determined
by
the
interdisciplinary
resident
care
committee.
(4)
The
member
requires
a
level
of
licensed
care
not
provided
at
the
Iowa
veterans
home.
b.
(1)
If
a
member
is
discharged
under
this
subsection
,
the
discharge
plan
shall
include
placement
in
a
suitable
living
situation
which
may
include
but
is
not
limited
to
a
transitional
living
program
approved
by
the
commission
or
a
living
program
provided
by
the
United
States
veterans
administration.
(2)
If
a
member
is
involuntarily
discharged
under
this
subsection
,
the
commission
department
shall,
to
the
greatest
extent
possible,
ensure
against
the
veteran
being
homeless
and
ensure
that
the
domicile
to
which
the
veteran
is
discharged
is
fit
and
habitable
and
offers
a
safe
and
clean
environment
which
is
free
from
health
hazards
and
provides
appropriate
heating,
ventilation,
and
protection
from
the
elements.
d.
Annually,
by
the
fourth
Monday
of
each
session
of
the
general
assembly,
the
commandant
department
shall
submit
a
report
to
the
veterans
affairs
committees
of
the
senate
and
house
of
representatives
specifying
the
number,
circumstances,
and
placement
of
each
member
involuntarily
discharged
from
the
Iowa
veterans
home
under
this
subsection
during
the
previous
calendar
year.
f.
Any
involuntary
discharge
by
the
commandant
department
under
this
subsection
shall
comply
with
the
rules
adopted
by
the
commission
under
this
subsection
and
by
the
department
of
inspections
and
appeals
pursuant
to
section
135C.14,
subsection
8
,
paragraph
“f”
.
Senate
File
514,
p.
1102
Sec.
2185.
Section
35D.17,
Code
2023,
is
amended
to
read
as
follows:
35D.17
Report
by
commandant
department
.
The
commandant
department
shall,
biennially,
make
a
full
and
detailed
report
to
the
governor,
the
commission,
and
the
general
assembly,
showing
the
condition
of
the
home,
the
number
of
members
in
the
Iowa
veterans
home,
the
order
and
discipline
enforced,
and
the
needs
of
the
home
financially
and
otherwise,
together
with
an
itemized
statement
of
all
receipts
and
disbursements
and
any
other
matters
of
importance
in
the
management
and
control
of
the
Iowa
veterans
home.
Sec.
2186.
REPEAL.
Sections
35D.13
and
35D.14,
Code
2023,
are
repealed.
DIVISION
X
OFFICE
OF
DRUG
CONTROL
POLICY
Sec.
2187.
Section
80.4,
subsection
1,
Code
2023,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
g.
Office
of
drug
control
policy.
Sec.
2188.
Section
80.5,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
10.
The
department
shall
receive
and
review
the
budget
submitted
by
the
drug
policy
director
and
assist
the
drug
policy
director
in
directing
the
office
of
drug
control
policy
pursuant
to
section
80E.1.
Sec.
2189.
Section
80E.1,
Code
2023,
is
amended
to
read
as
follows:
80E.1
Drug
policy
coordinator
director
.
1.
The
office
of
drug
control
policy
is
established
in
the
department
of
public
safety.
A
drug
policy
coordinator
director
shall
be
appointed
by
the
governor,
subject
to
confirmation
by
the
senate,
and
shall
serve
at
the
pleasure
of
the
governor
commissioner
of
the
department
of
public
safety
.
The
governor
shall
fill
a
vacancy
in
the
office
in
the
same
manner
as
the
original
appointment
was
made.
The
coordinator
director
shall
be
selected
primarily
for
administrative
ability.
The
coordinator
director
shall
not
be
selected
on
the
basis
of
political
affiliation
and
shall
not
engage
in
political
activity
while
holding
the
office.
The
salary
of
the
coordinator
shall
be
fixed
by
the
governor.
Senate
File
514,
p.
1103
2.
The
coordinator
director
shall:
a.
Direct
the
governor’s
office
of
drug
control
policy,
and
coordinate
and
monitor
all
statewide
drug
enforcement
efforts,
coordinate
and
monitor
all
state
and
federal
substance
use
disorder
treatment
grants
and
programs,
coordinate
and
monitor
all
statewide
substance
abuse
use
disorder
prevention
and
education
programs
in
communities
and
schools,
and
engage
in
such
other
related
activities
as
required
by
law.
The
coordinator
director
shall
work
in
coordinating
the
efforts
of
the
department
of
corrections,
the
department
of
education,
the
Iowa
department
of
public
health,
the
department
of
public
safety,
and
the
department
of
health
and
human
services.
The
coordinator
director
shall
assist
in
the
development
and
implementation
of
local
and
community
strategies
to
fight
substance
abuse
use
disorder
,
including
local
law
enforcement,
education,
and
treatment
activities.
b.
Submit
an
annual
report
to
the
governor
and
general
assembly
by
November
1
of
each
year
concerning
the
activities
and
programs
of
the
coordinator
director
and
other
departments
related
to
drug
enforcement,
substance
use
disorder
treatment
programs,
and
substance
abuse
use
disorder
prevention
and
education
programs.
The
report
shall
include
an
assessment
of
needs
with
respect
to
programs
related
to
substance
use
disorder
treatment
and
drug
enforcement.
c.
Submit
an
advisory
budget
recommendation
to
the
governor
and
general
assembly
concerning
enforcement
programs,
treatment
programs,
and
education
programs
related
to
drugs
within
the
various
departments.
The
coordinator
director
shall
work
with
these
departments
in
developing
the
departmental
budget
requests
to
be
submitted
to
the
legislative
services
agency
and
the
general
assembly.
3.
The
governor’s
office
of
drug
control
policy
shall
be
an
independent
office,
located
at
the
same
location
as
the
department
of
public
safety.
Administrative
support
services
may
shall
be
provided
to
the
governor’s
office
of
drug
control
policy
by
the
department
of
public
safety.
Sec.
2190.
Section
80E.4,
Code
2023,
is
amended
to
read
as
follows:
80E.4
Drug
abuse
resistance
education
fund.
Senate
File
514,
p.
1104
A
drug
abuse
resistance
education
fund
is
created
as
a
separate
fund
in
the
state
treasury
under
the
control
of
the
governor’s
office
department
of
public
safety
for
the
office
of
drug
control
policy
for
use
by
the
drug
abuse
resistance
education
program
and
other
programs
with
a
similar
purpose.
The
fund
shall
consist
of
appropriations
made
to
the
fund
and
transfers
of
interest,
moneys
collected
from
the
crime
services
surcharge
established
in
section
911.1
,
and
earnings.
All
moneys
in
the
fund
are
appropriated
to
the
governor’s
office
of
drug
control
policy
department
of
public
safety
.
Notwithstanding
section
8.33
,
any
balance
in
the
fund
on
June
30
of
any
fiscal
year
shall
not
revert
to
any
other
fund
of
the
state
but
shall
remain
available
for
the
purposes
described
in
this
section
.
Sec.
2191.
Section
124.101,
subsection
22,
Code
2023,
is
amended
to
read
as
follows:
22.
“Office”
means
the
governor’s
office
of
drug
control
policy,
as
referred
to
in
section
80E.1
.
DIVISION
XI
DEPARTMENT
OF
WORKFORCE
DEVELOPMENT
PRIMARY
DEPARTMENT
RESPONSIBILITIES
Sec.
2192.
Section
84A.5,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
department
of
workforce
development
is
responsible
for
administration
of
unemployment
compensation
benefits
and
collection
of
employer
contributions
under
chapter
96
,
providing
for
the
delivery
of
free
public
employment
services
established
pursuant
to
chapter
96
,
other
job
placement
and
training
programs
established
pursuant
to
section
84A.6
,
employment
agencies
under
chapter
84H,
and
the
delivery
of
services
located
throughout
the
state.
Sec.
2193.
Section
84A.5,
subsection
7,
Code
2023,
is
amended
by
adding
the
following
new
paragraphs:
NEW
PARAGRAPH
.
f.
The
statewide
work-based
learning
intermediary
network
program
under
section
84A.16.
NEW
PARAGRAPH
.
g.
The
new
jobs
training
program
under
chapter
260E,
in
consultation
with
the
community
colleges.
NEW
PARAGRAPH
.
h.
The
Iowa
jobs
training
act
under
chapter
260F.
Senate
File
514,
p.
1105
NEW
PARAGRAPH
.
i.
The
workforce
development
fund
program
under
chapter
84F.
NEW
PARAGRAPH
.
j.
The
accelerated
career
education
program
under
chapter
260G,
in
coordination
with
the
community
colleges.
NEW
PARAGRAPH
.
k.
The
older
American
community
service
employment
program
under
section
84A.17.
NEW
PARAGRAPH
.
l.
The
apprenticeship
training
program
under
chapter
84D.
NEW
PARAGRAPH
.
m.
The
future
ready
Iowa
registered
apprenticeship
development
program
under
section
84E.1.
NEW
PARAGRAPH
.
n.
The
future
ready
Iowa
expanded
registered
apprenticeship
opportunities
program
under
section
84E.2.
NEW
PARAGRAPH
.
o.
Adult
education
and
literacy
programs
under
section
84A.19.
REGIONAL
INDUSTRY
SECTOR
PARTNERSHIPS
Sec.
2194.
Section
260H.2,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
A
pathways
for
academic
career
and
employment
fund
is
created
for
the
community
colleges
in
the
state
treasury
to
be
administered
by
the
department
of
education
and
the
department
of
workforce
development
.
The
moneys
in
the
pathways
for
academic
career
and
employment
fund
are
appropriated
to
the
department
of
education
for
the
pathways
for
academic
career
and
employment
program.
Sec.
2195.
Section
260H.7B,
Code
2023,
is
amended
to
read
as
follows:
260H.7B
Regional
industry
sector
partnerships.
1.
A
community
college
and
the
department
of
workforce
development
may
use
moneys
for
the
pathways
for
academic
career
and
employment
program
to
provide
staff
and
support
for
the
development
and
implementation
of
a
regional
industry
sector
partnerships
partnership
within
the
each
region
served
by
the
each
community
college.
For
purposes
of
this
section,
“community
college”
means
the
same
as
defined
in
section
260C.2.
2.
Regional,
A
regional
industry
sector
partnerships
partnership
may
include
but
are
engage
in
but
is
not
limited
to
the
following
activities:
a.
Bringing
together
Collaborating
with
representatives
Senate
File
514,
p.
1106
from
industry
sectors,
government,
education,
local
workforce
boards,
community-based
organizations,
labor,
economic
development
organizations,
and
other
stakeholders
within
the
regional
labor
market
to
determine
how
pathways
for
academic
career
and
employment
projects
should
address
workforce
skills
gaps,
occupational
shortages,
and
wage
gaps.
b.
Integrating
pathways
for
academic
career
and
employment
projects
and
other
existing
supply-side
strategies
with
workforce
needs
within
the
region
served
by
the
community
college
in
that
region
.
c.
Developing
pathways
for
academic
career
and
employment
projects
that
focus
on
the
workforce
skills,
from
entry
level
to
advanced,
required
by
industry
sectors
within
the
region
served
by
the
community
college.
d.
Structuring
pathways
so
that
instruction
and
learning
of
workforce
skills
are
aligned
with
industry-recognized
standards
where
such
standards
exist.
Sec.
2196.
Section
260H.8,
Code
2023,
is
amended
to
read
as
follows:
260H.8
Rules.
The
department
of
education,
in
consultation
with
the
community
colleges,
the
economic
development
authority,
and
the
department
of
workforce
development,
shall
adopt
rules
pursuant
to
chapter
17A
and
this
chapter
to
implement
the
provisions
of
this
chapter
.
Local
workforce
development
boards
established
pursuant
to
section
84A.4
shall
be
consulted
in
the
development
and
implementation
of
rules
to
be
adopted
pursuant
to
this
chapter
section
.
Sec.
2197.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfer:
Section
260H.7B
to
section
84A.15.
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.
Sec.
2198.
TRANSITION
PROVISIONS.
A
regional
industry
sector
partnership
entered
into
by
a
community
college
prior
to
the
effective
date
of
this
division
of
this
Act
shall
be
valid
and
continue
per
the
terms
of
the
agreement
between
the
Senate
File
514,
p.
1107
community
college
and
the
partnership.
STATEWIDE
WORK-BASED
LEARNING
INTERMEDIARY
NETWORK
Sec.
2199.
Section
256.40,
Code
2023,
is
amended
to
read
as
follows:
256.40
Statewide
work-based
learning
intermediary
network
——
fund
——
steering
committee
——
regional
networks.
1.
A
statewide
work-based
learning
intermediary
network
program
is
established
in
the
department
of
workforce
development
and
shall
be
administered
by
the
department.
A
separate,
statewide
work-based
learning
intermediary
network
fund
is
created
in
the
state
treasury
under
the
control
of
the
department
of
workforce
development
.
The
fund
shall
consist
of
all
moneys
deposited
in
the
fund,
including
any
moneys
appropriated
by
the
general
assembly
and
any
other
moneys
available
to
and
obtained
or
accepted
by
the
department
of
workforce
development
from
federal
or
private
sources
for
purposes
of
the
program.
Notwithstanding
section
8.33
,
moneys
in
the
fund
at
the
end
of
a
fiscal
year
shall
not
revert
to
the
general
fund
of
the
state.
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
2.
The
purpose
of
the
program
shall
be
to
prepare
students
for
the
workforce
by
connecting
business
and
the
education
system
facilitating
cooperation
and
collaboration
between
businesses
and
entities
within
the
state
system
of
education,
as
that
state
system
of
education
is
described
in
section
256.1,
subsection
1,
and
offering
to
offer
relevant,
work-based
learning
activities
to
students
and
teachers.
The
program
shall
do
all
of
the
following
:
a.
Better
prepare
Prepare
students
to
make
informed
postsecondary
education
and
career
decisions.
b.
Provide
communication
and
coordination
in
order
to
build
and
sustain
relationships
between
employers
and
local
youth,
the
state
system
of
education
system
,
and
the
community
at
large.
c.
Connect
students
to
local
career
opportunities
within
the
state
,
creating
economic
capital
for
the
region
state
using
a
skilled
and
available
workforce.
d.
Provide
a
one-stop
contact
point
for
information
Senate
File
514,
p.
1108
useful
to
both
educators
and
employers,
including
information
on
related
to
internships,
job
shadowing
experiences,
apprenticeable
occupations
as
defined
in
section
15B.2
,
and
other
workplace
learning
opportunities
for
students
,
particularly
including
those
related
to
occupations
in
science,
technology,
engineering,
or
mathematics
occupations
,
occupations
related
to
critical
infrastructure
,
and
commercial
and
residential
construction,
or
and
targeted
industries
as
defined
in
section
15.102
.
e.
Integrate
services
provided
through
the
program
with
other
career
exploration-related
activities,
which
may
include
but
are
not
limited
to
the
a
student’s
career
and
academic
plans
and
career
information
and
decision-making
systems
utilized
in
accordance
with
under
section
279.61
.
f.
Facilitate
the
attainment
of
portable
credentials
of
value
to
employers
such
as
the
national
career
readiness
certificate,
where
appropriate.
g.
Develop
work-based
capacity
with
employers.
h.
Provide
core
services,
which
may
include
student
job
shadowing,
student
internships,
and
teacher
or
student
tours.
3.
a.
The
department
of
workforce
development
shall
establish
and
facilitate
a
steering
committee
comprised
of
representatives
from
the
department
of
workforce
development
education
,
the
economic
development
authority,
the
community
colleges,
the
institutions
under
the
control
of
the
state
board
of
regents,
accredited
private
institutions,
area
education
agencies,
school
districts,
the
workplace
learning
connection,
and
an
apprenticeship
sponsor
as
defined
in
section
15B.2
.
The
steering
committee
shall
be
responsible
for
the
development
and
implementation
of
the
statewide
work-based
learning
intermediary
network.
4.
b.
The
steering
committee
shall
develop
a
design
for
a
statewide
network
comprised
of
fifteen
regional
work-based
learning
intermediary
networks.
The
design
shall
include
network
specifications,
strategic
functions,
and
desired
outcomes.
The
steering
committee
shall
recommend
program
parameters
and
reporting
requirements
to
the
department
of
workforce
development
.
5.
4.
Each
regional
network
shall
establish
an
advisory
Senate
File
514,
p.
1109
council
to
provide
advice
and
assistance
to
the
regional
network.
The
advisory
council
shall
include
representatives
of
business
and
industry,
including
construction
trade
industry
professionals,
and
shall
meet
at
least
annually.
6.
5.
Each
regional
network
or
consortium
of
networks
shall
annually
submit
a
work-based
learning
plan
to
the
department
of
workforce
development
.
Each
plan
shall
include
provisions
to
provide
core
services
referred
to
in
subsection
2
,
paragraph
“h”
,
to
all
school
districts
within
the
region
and
for
the
integration
of
job
shadowing
and
other
work-based
learning
activities
into
secondary
career
and
technical
education
programs.
7.
6.
a.
Moneys
Upon
approval
by
the
department
of
workforce
development
of
a
region’s
work-based
learning
plan
submitted
pursuant
to
subsection
5,
moneys
deposited
in
the
statewide
work-based
learning
intermediary
network
fund
created
in
subsection
1
shall
be
distributed
annually
by
the
department
of
workforce
development
to
each
region
for
the
implementation
of
the
statewide
work-based
learning
intermediary
network
upon
approval
by
the
department
of
the
region’s
work-based
learning
plan
submitted
pursuant
to
subsection
6
.
b.
If
the
balance
in
the
statewide
work-based
learning
intermediary
network
fund
on
July
1
of
a
fiscal
year
is
one
million
five
hundred
thousand
dollars
or
less,
the
department
of
workforce
development
shall
distribute
moneys
in
the
fund
to
regions
or
consortiums
of
regions
on
a
competitive
basis.
If
the
balance
in
the
statewide
work-based
learning
intermediary
network
fund
on
July
1
of
a
fiscal
year
is
greater
than
one
million
five
hundred
thousand
dollars,
the
department
of
workforce
development
shall
distribute
one
hundred
thousand
dollars
to
each
region
and
distribute
the
remaining
moneys
pursuant
to
the
same
formula
established
for
distribution
of
funds
by
the
department
of
education
in
section
260C.18C
.
8.
7.
The
department
of
workforce
development
shall
provide
oversight
of
the
statewide
work-based
learning
intermediary
network.
The
department
of
workforce
development
shall
require
each
region
to
submit
an
annual
report
on
its
the
region’s
ongoing
implementation
of
the
statewide
work-based
learning
intermediary
network
program
to
the
department
.
Senate
File
514,
p.
1110
9.
8.
Each
regional
network
shall
match
the
moneys
received
pursuant
to
subsection
7
6
with
financial
resources
equal
to
at
least
twenty-five
percent
of
the
amount
of
the
moneys
received
pursuant
to
subsection
7
6
.
The
financial
resources
used
to
provide
the
match
may
include
private
donations,
in-kind
contributions,
or
public
moneys
other
than
the
moneys
received
pursuant
to
subsection
7
6
.
10.
9.
The
state
board
of
education
department
of
workforce
development
shall
adopt
rules
under
chapter
17A
for
the
administration
of
this
section
.
Sec.
2200.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfer:
Section
256.40,
as
amended
in
this
division
of
this
Act,
to
section
84A.16.
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.
INDUSTRIAL
NEW
JOBS
TRAINING
Sec.
2201.
Section
15A.7,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
That
the
employer
shall
agree
to
pay
wages
for
the
jobs
for
which
the
credit
is
taken
of
at
least
the
laborshed
wage
,
as
calculated
by
the
authority
pursuant
to
section
15.327,
subsection
15
.
For
purposes
of
this
subsection,
“laborshed
wage”
means
the
wage
level
represented
by
those
wages
within
two
standard
deviations
from
the
mean
wage
within
the
laborshed
area
in
which
the
eligible
business
is
located,
as
calculated
by
the
department
of
workforce
development
by
rule,
using
the
most
current
covered
wage
and
employment
data
available
to
the
department
for
the
laborshed
area.
Eligibility
for
the
supplemental
credit
shall
be
based
on
a
one-time
determination
of
starting
wages
by
the
community
college.
Sec.
2202.
Section
260E.7,
Code
2023,
is
amended
to
read
as
follows:
260E.7
Program
review
by
economic
development
authority
department
of
workforce
development
.
1.
The
economic
development
authority
department
of
workforce
development
,
in
consultation
with
the
department
of
Senate
File
514,
p.
1111
education
,
and
the
department
of
revenue,
and
the
department
of
workforce
development,
shall
coordinate
and
review
the
new
jobs
training
program.
The
economic
development
authority
department
of
workforce
development
shall
adopt,
amend,
and
repeal
rules
under
chapter
17A
that
the
community
college
will
use
in
developing
projects
with
new
and
expanding
industrial
new
jobs
training
proposals
and
that
the
economic
development
authority
department
of
workforce
development
shall
use
to
review
and
report
on
the
new
jobs
training
program
as
required
in
this
section
.
2.
a.
The
authority
department
of
workforce
development
,
in
consultation
with
the
community
colleges
participating
in
the
new
jobs
training
program
pursuant
to
this
chapter
,
shall
identify
the
information
necessary
to
effectively
coordinate
and
review
the
program,
and
the
community
colleges
shall
provide
such
information
to
the
authority
department
.
Using
the
information
provided,
the
authority
department
,
in
consultation
with
the
community
colleges,
shall
issue
a
report
on
the
effectiveness
of
the
program.
b.
In
coordinating
and
reviewing
the
program,
the
department
of
workforce
development
shall
give
due
regard
shall
be
given
to
the
confidentiality
of
certain
information
provided
by
the
community
colleges
,
and
the
authority
shall
comply
with
the
provisions
of
section
15.118
to
the
extent
that
such
provisions
are
applicable
to
the
new
jobs
training
program
.
3.
The
authority
department
of
workforce
development
is
authorized
to
make
any
rule
that
is
adopted,
amended,
or
repealed
effective
immediately
upon
filing
with
the
administrative
rules
coordinator
or
at
a
subsequent
stated
date
prior
to
indexing
and
publication,
or
at
a
stated
date
less
than
thirty-five
days
after
filing,
indexing,
and
publication.
Sec.
2203.
Section
403.21,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
The
community
college
shall
send
a
copy
of
the
final
agreement
prepared
pursuant
to
section
260E.3
to
the
economic
development
authority
department
of
workforce
development
.
For
each
year
in
which
incremental
property
taxes
are
used
to
pay
job
training
certificates
issued
for
a
project
creating
new
jobs,
the
community
college
shall
provide
to
the
economic
Senate
File
514,
p.
1112
development
authority
department
of
workforce
development
a
report
of
the
incremental
property
taxes
and
new
jobs
credits
from
withholding
generated
for
that
year,
a
specific
description
of
the
training
conducted,
the
number
of
employees
provided
program
services
under
the
project,
the
median
wage
of
employees
in
the
new
jobs
in
the
project,
and
the
administrative
costs
directly
attributable
to
the
project.
3.
For
each
year
in
which
incremental
property
taxes
are
used
to
retire
debt
service
on
a
jobs
training
advance
issued
for
a
project
creating
new
jobs,
the
community
college
shall
provide
to
the
economic
development
authority
department
of
workforce
development
a
report
of
the
incremental
property
taxes
and
new
jobs
credits
from
withholding
generated
for
that
year,
a
specific
description
of
the
training
conducted,
the
number
of
employees
provided
services
under
the
project,
the
median
wage
of
employees
in
the
new
jobs
in
the
project,
and
the
administrative
costs
directly
attributable
to
the
project.
Sec.
2204.
Section
422.16A,
Code
2023,
is
amended
to
read
as
follows:
422.16A
Job
training
withholding
——
certification
and
transfer.
Upon
the
completion
by
a
business
of
its
repayment
obligation
for
a
training
project
funded
under
chapter
260E
,
including
a
job
training
project
funded
under
section
15A.8
or
repaid
in
whole
or
in
part
by
the
supplemental
new
jobs
credit
from
withholding
under
section
15A.7
or
section
15E.197,
Code
2014
,
the
sponsoring
community
college
shall
report
to
the
economic
development
authority
department
of
workforce
development
the
amount
of
withholding
paid
by
the
business
to
the
community
college
during
the
final
twelve
months
of
withholding
payments.
The
economic
development
authority
department
of
workforce
development
shall
notify
the
department
of
revenue
of
that
amount.
The
department
of
revenue
shall
credit
to
the
workforce
development
fund
account
established
in
section
15.342A
twenty-five
percent
of
that
amount
each
quarter
for
a
period
of
ten
years.
If
the
amount
of
withholding
from
the
business
or
employer
is
insufficient,
the
department
of
revenue
shall
prorate
the
quarterly
amount
credited
to
the
workforce
development
fund
account.
The
maximum
amount
from
all
employers
Senate
File
514,
p.
1113
which
shall
be
transferred
to
the
workforce
development
fund
account
in
any
year
is
seven
million
seven
hundred
fifty
thousand
dollars.
Sec.
2205.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
15A.7
to
section
260J.1.
b.
Section
15A.8
to
section
260J.2.
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.
JOB
TRAINING
Sec.
2206.
Section
260F.2,
subsection
2,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2207.
Section
260F.2,
subsections
4,
5,
and
11,
Code
2023,
are
amended
to
read
as
follows:
4.
“Date
of
commencement
of
the
project”
means
the
date
of
the
preliminary
agreement
or
the
date
an
application
for
assistance
is
received
by
the
authority
department
.
5.
“Eligible
business”
or
“business”
means
a
business
training
employees
which
is
engaged
in
interstate
or
intrastate
commerce
for
the
purpose
of
manufacturing,
processing,
or
assembling
products,
conducting
research
and
development,
or
providing
services
in
interstate
commerce,
but
excludes
retail,
health,
or
professional
services
and
which
meets
the
other
criteria
established
by
the
authority
department
.
“Eligible
business”
does
not
include
a
business
whose
training
costs
can
be
economically
funded
under
chapter
260E
,
a
business
which
closes
or
substantially
reduces
its
employment
base
in
order
to
relocate
substantially
the
same
operation
to
another
area
of
the
state,
or
a
business
which
is
involved
in
a
strike,
lockout,
or
other
labor
dispute
in
Iowa.
11.
“Project”
means
a
training
arrangement
which
is
the
subject
of
an
agreement
entered
into
between
the
community
college
and
a
business
to
provide
program
services.
“Project”
also
means
a
training
arrangement
which
is
sponsored
by
the
authority
department
and
administered
under
sections
260F.6A
and
260F.6B
.
Sec.
2208.
Section
260F.2,
Code
2023,
is
amended
by
adding
Senate
File
514,
p.
1114
the
following
new
subsection:
NEW
SUBSECTION
.
4A.
“Department”
means
the
department
of
workforce
development.
Sec.
2209.
Section
260F.3,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
Other
criteria
established
by
the
department
of
education
.
Sec.
2210.
Section
260F.6,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
There
is
established
for
the
community
colleges
a
job
training
fund
in
the
economic
development
authority
department
of
workforce
development
in
the
workforce
development
fund
established
in
section
15.342A
.
The
job
training
fund
consists
of
moneys
appropriated
for
the
purposes
of
this
chapter
plus
the
interest
and
principal
from
repayment
of
advances
made
to
businesses
for
program
costs,
plus
the
repayments,
including
interest,
of
loans
made
from
that
retraining
fund,
and
interest
earned
from
moneys
in
the
job
training
fund.
2.
To
provide
funds
for
the
present
payment
of
the
costs
of
a
training
program
by
the
business,
the
community
college
may
provide
to
the
business
an
advance
of
the
moneys
to
be
used
to
pay
for
the
program
costs
as
provided
in
the
agreement.
To
receive
the
funds
for
this
advance
from
the
job
training
fund
established
in
subsection
1
,
the
community
college
shall
submit
an
application
to
the
authority
department
.
The
amount
of
the
advance
shall
not
exceed
fifty
thousand
dollars
for
any
business
site,
or
one
hundred
thousand
dollars
within
a
three-fiscal-year
period
for
any
business
site.
If
the
project
involves
a
consortium
of
businesses,
the
maximum
award
per
project
shall
not
exceed
one
hundred
thousand
dollars.
Participation
in
a
consortium
does
not
affect
a
business
site’s
eligibility
for
individual
project
assistance.
Prior
to
approval
a
business
shall
agree
to
match
program
amounts
in
accordance
with
criteria
established
by
the
authority
department
.
Sec.
2211.
Section
260F.6A,
Code
2023,
is
amended
to
read
as
follows:
260F.6A
Business
network
training
projects
.
The
community
colleges
and
the
authority
department
are
Senate
File
514,
p.
1115
authorized
to
fund
business
network
training
projects
which
include
five
or
more
businesses
and
are
located
in
two
or
more
community
college
districts.
A
business
network
training
project
must
have
a
designated
organization
or
lead
business
to
serve
as
the
administrative
entity
that
will
coordinate
the
training
program.
The
businesses
must
have
common
training
needs
and
develop
a
plan
to
meet
those
needs.
The
authority
department
shall
adopt
rules
governing
this
section
’s
operation
and
participant
eligibility.
Sec.
2212.
Section
260F.6B,
Code
2023,
is
amended
to
read
as
follows:
260F.6B
High
technology
apprenticeship
program.
The
community
colleges
and
the
authority
department
are
authorized
to
fund
high
technology
apprenticeship
programs
which
comply
with
the
requirements
specified
in
section
260C.44
and
which
may
include
both
new
and
statewide
apprenticeship
programs.
Notwithstanding
the
provisions
of
section
260F.6,
subsection
2
,
relating
to
maximum
award
amounts,
moneys
allocated
to
the
community
colleges
with
high
technology
apprenticeship
programs
shall
be
distributed
to
the
community
colleges
based
upon
contact
hours
under
the
programs
administered
during
the
prior
fiscal
year
as
determined
by
the
department
of
education.
The
authority
department
shall
adopt
rules
governing
this
section
’s
operation
and
participant
eligibility.
Sec.
2213.
Section
260F.7,
Code
2023,
is
amended
to
read
as
follows:
260F.7
Authority
to
coordinate
Coordination
——
department
of
workforce
development
.
The
authority
department
,
in
consultation
with
the
department
of
education
and
the
department
of
workforce
development
,
shall
coordinate
the
jobs
training
program.
A
project
shall
not
be
funded
under
this
chapter
unless
the
authority
department
approves
the
project.
The
authority
department
shall
adopt
rules
pursuant
to
chapter
17A
governing
the
program’s
operation
and
eligibility
for
participation
in
the
program.
The
authority
department
shall
establish
by
rule
criteria
for
determining
what
constitutes
an
eligible
business.
Sec.
2214.
Section
260F.8,
subsection
1,
Code
2023,
is
Senate
File
514,
p.
1116
amended
to
read
as
follows:
1.
For
each
fiscal
year,
the
authority
department
shall
make
funds
available
to
the
community
colleges.
The
authority
department
shall
allocate
by
formula
from
the
moneys
in
the
fund
an
amount
for
each
community
college
to
be
used
to
provide
the
financial
assistance
for
proposals
of
businesses
whose
applications
have
been
approved
by
the
authority
department
.
The
financial
assistance
shall
be
provided
by
the
authority
department
from
the
amount
set
aside
for
that
community
college.
If
any
portion
of
the
moneys
set
aside
for
a
community
college
have
not
been
used
or
committed
by
May
1
of
the
fiscal
year,
that
portion
is
available
for
use
by
the
authority
department
to
provide
financial
assistance
to
businesses
applying
to
other
community
colleges.
The
authority
department
shall
adopt
by
rule
a
formula
for
this
set-aside.
Sec.
2215.
TRANSITION
PROVISIONS.
1.
A
project
that
is
entered
into
by
a
community
college
and
a
business
under
section
260F.3
prior
to
the
effective
date
of
this
division
of
this
Act
shall
be
valid
and
continue
as
provided
in
the
terms
of
the
agreement
and
shall
be
administered
by
the
department
of
workforce
development.
2.
A
project
sponsored
by
and
administered
under
section
260F.6A
or
260F.6B
by
the
economic
development
authority
prior
to
the
effective
date
of
this
division
of
this
Act
shall
be
valid
and
continue
as
provided
by
the
terms
of
the
training
arrangement
and
shall
be
administered
by
the
department
of
workforce
development.
WORKFORCE
DEVELOPMENT
FUND
PROGRAM
Sec.
2216.
Section
15.108,
subsection
6,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2217.
Section
15.341,
Code
2023,
is
amended
to
read
as
follows:
15.341
Workforce
development
fund
program.
This
part
chapter
shall
be
known
as
the
“Workforce
Development
Fund”
program.
Sec.
2218.
Section
15.342,
Code
2023,
is
amended
to
read
as
follows:
15.342
Purpose.
The
purpose
of
this
part
chapter
shall
be
to
provide
a
Senate
File
514,
p.
1117
mechanism
for
funding
workforce
development
programs
listed
in
section
15.343,
subsection
2
,
in
order
to
more
efficiently
meet
the
needs
identified
within
those
individual
programs.
Sec.
2219.
Section
15.342A,
Code
2023,
is
amended
to
read
as
follows:
15.342A
Workforce
development
fund
account.
1.
A
workforce
development
fund
account
is
established
in
the
office
of
the
treasurer
of
state
under
the
control
of
the
authority
department
of
workforce
development
.
The
account
shall
receive
funds
pursuant
to
section
422.16A
.
2.
For
the
fiscal
year
beginning
July
1,
2014
2023
,
and
for
each
fiscal
year
thereafter,
there
is
annually
appropriated
from
the
workforce
development
fund
account
to
the
apprenticeship
training
program
fund
created
in
section
15B.3
three
million
dollars
for
the
purposes
of
chapter
15B
.
3.
For
the
fiscal
year
beginning
July
1,
2014
2023
,
and
for
each
fiscal
year
thereafter,
there
is
annually
appropriated
from
the
workforce
development
fund
account
to
the
job
training
fund
created
in
section
260F.6
four
million
seven
hundred
fifty
thousand
dollars
for
the
purposes
of
chapter
260F
.
Sec.
2220.
Section
15.343,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
a.
A
workforce
development
fund
is
created
as
a
revolving
fund
in
the
state
treasury
under
the
control
of
the
authority
department
of
workforce
development
consisting
of
any
moneys
appropriated
by
the
general
assembly
for
that
purpose
and
any
other
moneys
available
to
and
obtained
or
accepted
by
the
authority
department
of
workforce
development
from
the
federal
government
or
private
sources
for
placement
in
the
fund.
The
fund
shall
also
include
moneys
appropriated
to
the
fund
from
the
workforce
development
fund
account
established
in
section
15.342A
.
b.
Notwithstanding
section
8.33
,
moneys
in
the
workforce
development
fund
at
the
end
of
each
fiscal
year
shall
not
revert
to
any
other
fund
but
shall
remain
in
the
workforce
development
fund
for
expenditure
for
subsequent
fiscal
years.
2.
The
assets
of
the
fund
shall
be
used
by
the
authority
department
of
workforce
development
for
the
following
programs
and
purposes:
Senate
File
514,
p.
1118
a.
Projects
under
chapter
260F
.
The
authority
department
of
workforce
development
shall
require
a
match
from
all
businesses
participating
in
a
training
project
under
chapter
260F
.
b.
Apprenticeship
programs
under
section
260C.44
,
including
new
or
statewide
building
trades
apprenticeship
programs.
c.
To
cover
the
costs
of
the
administration
of
workforce
development
programs
and
services
available
through
the
authority.
A
portion
of
these
funds
may
be
used
to
To
support
efforts
by
the
community
colleges
to
provide
workforce
services
to
Iowa
employers.
Sec.
2221.
Section
15.344,
Code
2023,
is
amended
to
read
as
follows:
15.344
Common
system
——
assessment
and
tracking.
The
authority
department
of
workforce
development
shall
use
information
from
the
customer
tracking
system
administered
by
the
department
of
workforce
development
under
section
84A.5
to
determine
the
economic
impact
of
the
programs.
To
the
extent
possible,
the
authority
department
shall
track
individuals
and
businesses
who
have
received
assistance
or
services
through
the
fund
to
determine
whether
the
assistance
or
services
have
resulted
in
increased
wages
paid
to
the
individuals
or
paid
by
the
businesses.
Sec.
2222.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
15.341
to
section
84F.1.
b.
Section
15.342
to
section
84F.2.
c.
Section
15.342A
to
section
84F.3.
d.
Section
15.343
to
section
84F.4.
e.
Section
15.344
to
section
84F.5.
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.
ACCELERATED
CAREER
EDUCATION
PROGRAM
Sec.
2223.
Section
260G.3,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
An
agreement
may
include
reasonable
and
necessary
provisions
to
implement
the
accelerated
career
education
program.
If
an
agreement
is
entered
into,
the
community
college
and
the
Senate
File
514,
p.
1119
employer
shall
notify
the
department
of
revenue
as
soon
as
possible.
The
community
college
shall
also
file
a
copy
of
the
agreement
with
the
economic
development
authority
department
of
workforce
development
as
required
in
section
260G.4B
.
The
agreement
shall
provide
for
program
costs,
including
deferred
costs,
which
may
be
paid
from
any
of
the
following
sources:
Sec.
2224.
Section
260G.4B,
Code
2023,
is
amended
to
read
as
follows:
260G.4B
Maximum
statewide
program
job
credit.
1.
The
total
amount
of
program
job
credits
from
all
employers
which
shall
be
allocated
for
all
accelerated
career
education
programs
in
the
state
in
any
one
fiscal
year
shall
not
exceed
five
million
four
hundred
thousand
dollars.
A
community
college
shall
file
a
copy
of
each
agreement
with
the
economic
development
authority
department
of
workforce
development
.
The
authority
department
of
workforce
development
shall
maintain
an
annual
record
of
the
proposed
program
job
credits
under
each
agreement
for
each
fiscal
year.
Upon
receiving
a
copy
of
an
agreement,
the
authority
department
of
workforce
development
shall
allocate
any
available
amount
of
program
job
credits
to
the
community
college
according
to
the
agreement
sufficient
for
the
fiscal
year
and
for
the
term
of
the
agreement.
When
the
total
available
program
job
credits
are
allocated
for
a
fiscal
year,
the
authority
department
of
workforce
development
shall
notify
all
community
colleges
that
the
maximum
amount
has
been
allocated
and
that
further
program
job
credits
will
not
be
available
for
the
remainder
of
the
fiscal
year.
Once
program
job
credits
have
been
allocated
to
a
community
college,
the
full
allocation
shall
be
received
by
the
community
college
throughout
the
fiscal
year
and
for
the
term
of
the
agreement
even
if
the
statewide
program
job
credit
maximum
amount
is
subsequently
allocated
and
used.
2.
For
the
fiscal
years
beginning
July
1,
2000,
and
July
1,
2001,
the
department
of
economic
development
shall
allocate
eighty
thousand
dollars
of
the
first
one
million
two
hundred
thousand
dollars
of
program
job
credits
authorized
and
available
for
that
fiscal
year
to
each
community
college.
This
allocation
shall
be
used
by
each
community
college
to
provide
funding
for
approved
programs.
For
the
fiscal
year
beginning
Senate
File
514,
p.
1120
July
1,
2002
2023
,
and
for
every
fiscal
year
thereafter,
the
economic
development
authority
department
of
workforce
development
shall
divide
equally
among
the
community
colleges
thirty
percent
of
the
program
job
credits
available
for
that
fiscal
year
for
allocation
to
each
community
college
to
be
used
to
provide
funding
for
approved
programs.
If
any
portion
of
the
allocation
to
a
community
college
under
this
subsection
has
not
been
committed
by
April
1
of
the
fiscal
year
for
which
the
allocation
is
made,
the
uncommitted
portion
is
available
for
use
by
other
community
colleges.
Once
a
community
college
has
committed
its
allocation
for
any
fiscal
year
under
this
subsection
,
the
community
college
may
receive
additional
program
job
credit
allocations
from
those
program
job
credits
authorized
and
still
available
for
that
fiscal
year.
Sec.
2225.
Section
260G.4C,
Code
2023,
is
amended
to
read
as
follows:
260G.4C
Facilitator
Administration
and
reporting
.
The
economic
development
authority
department
of
workforce
development
shall
administer
the
statewide
allocations
of
program
job
credits
to
accelerated
career
education
programs.
The
authority
department
of
workforce
development
shall
provide
information
about
the
accelerated
career
education
programs
in
accordance
with
its
annual
reporting
requirements
in
section
15.107B
to
the
general
assembly
annually
on
or
before
March
15
.
Sec.
2226.
Section
260G.6,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
An
accelerated
career
education
fund
is
established
in
the
state
treasury
under
the
control
of
the
department
of
workforce
development
consisting
of
moneys
appropriated
to
the
fund
for
purposes
of
funding
the
cost
of
accelerated
career
education
program
capital
projects.
Sec.
2227.
TRANSITION
PROVISIONS.
1.
On
the
effective
date
of
this
division
of
this
Act,
all
unencumbered
and
unobligated
moneys
remaining
in
the
accelerated
career
education
fund
established
in
section
260G.6
shall
be
under
the
control
of
the
department
of
workforce
development.
2.
a.
All
agreements
entered
into
by
a
community
college
under
section
260G.3
prior
to
the
effective
date
of
this
Senate
File
514,
p.
1121
division
of
this
Act
shall
be
valid
and
continue
as
provided
in
the
terms
of
the
agreement.
b.
Job
credits
shall
be
honored
per
an
agreement
entered
into
under
paragraph
“a”
that
includes
a
provision
for
program
job
credits.
OLDER
AMERICAN
COMMUNITY
SERVICE
EMPLOYMENT
PROGRAM
Sec.
2228.
Section
231.23A,
subsection
2,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2229.
Section
231.51,
Code
2023,
is
amended
to
read
as
follows:
231.51
Older
American
community
service
employment
program.
1.
The
department
of
workforce
development
shall
direct
and
administer
the
older
American
community
service
employment
program
as
authorized
by
the
federal
Act
in
coordination
with
the
department
of
workforce
development
Older
Americans
Act
of
1965,
42
U.S.C.
§3001
et
seq.,
as
amended
.
2.
The
purpose
of
the
program
is
to
foster
individual
economic
self-sufficiency
and
to
increase
the
number
of
participants
placed
in
unsubsidized
employment
in
the
public
and
private
sectors
while
maintaining
the
community
service
focus
of
the
program.
3.
Funds
appropriated
to
the
department
of
workforce
development
from
the
United
States
department
of
labor
shall
be
distributed
to
subgrantees
in
accordance
with
federal
requirements.
4.
The
department
of
workforce
development
shall
require
such
uniform
reporting
and
financial
accounting
by
subgrantees
as
may
be
necessary
to
fulfill
the
purposes
of
this
section
.
5.
The
older
American
community
service
employment
program
shall
be
coordinated
with
the
federal
Workforce
Innovation
and
Opportunity
Act
administered
by
the
department
of
workforce
development.
Sec.
2230.
REPEAL.
Section
231.53,
Code
2023,
is
repealed.
Sec.
2231.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfer:
Section
231.51
to
section
84A.17.
2.
The
Code
editor
shall
correct
internal
references
in
the
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
Senate
File
514,
p.
1122
enactment
of
this
section.
Sec.
2232.
TRANSITION
PROVISIONS.
On
the
effective
date
of
this
division
of
this
Act,
all
unencumbered
and
unobligated
moneys
remaining
in
any
account
or
fund
under
the
control
of
the
department
on
aging
and
relating
to
this
division
of
this
Act
shall
be
transferred
to
a
comparable
fund
or
account
under
the
control
of
the
department
of
workforce
development
for
purposes
of
this
division
of
this
Act.
Notwithstanding
section
8.33,
the
moneys
transferred
in
accordance
with
this
subsection
shall
not
revert
to
the
account
or
fund
from
which
the
moneys
are
appropriated
or
transferred.
VOCATIONAL
REHABILITATION
Sec.
2233.
Section
19B.2,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
It
is
the
policy
of
this
state
to
permit
special
appointments
by
bypassing
the
usual
testing
procedures
for
any
applicant
for
whom
the
division
of
vocational
rehabilitation
services
of
the
department
of
education
workforce
development
or
the
department
for
the
blind
has
certified
the
applicant’s
disability
and
competence
to
perform
the
job.
The
department
of
administrative
services,
in
cooperation
with
the
department
for
the
blind
and
the
division
of
vocational
rehabilitation
services,
shall
develop
appropriate
certification
procedures.
This
subsection
should
not
be
interpreted
to
bar
promotional
opportunities
for
persons
who
are
blind
or
persons
with
physical
or
mental
disabilities.
If
this
subsection
conflicts
with
any
other
provisions
of
this
chapter
,
the
provisions
of
this
subsection
govern.
Sec.
2234.
Section
84A.1,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
department
of
workforce
development
shall
include
the
division
of
labor
services,
the
division
of
workers’
compensation,
vocational
rehabilitation
services,
and
other
divisions
as
appropriate.
Sec.
2235.
Section
84A.1A,
subsection
1,
paragraph
a,
subparagraph
(7),
Code
2023,
is
amended
to
read
as
follows:
(7)
The
administrator
of
the
division
of
Iowa
vocational
rehabilitation
services
of
the
department
of
education
workforce
development
or
the
administrator’s
designee.
Senate
File
514,
p.
1123
Sec.
2236.
Section
84A.4,
subsection
2,
paragraph
b,
subparagraph
(4),
subparagraph
division
(a),
subparagraph
subdivision
(iii),
Code
2023,
is
amended
to
read
as
follows:
(iii)
The
members
shall
include
at
least
one
appropriate
representative
of
the
programs
carried
out
under
Tit.
I
of
the
federal
Rehabilitation
Act
of
1973,
as
codified
at
29
U.S.C.
§720
et
seq.,
relating
to
vocational
rehabilitation
services,
excluding
29
U.S.C.
§732
and
741,
serving
the
local
workforce
development
area
and
nominated
by
the
administrator
of
the
division
of
vocational
rehabilitation
services
of
the
department
of
education
workforce
development
or
director
of
the
department
for
the
blind,
as
appropriate.
Sec.
2237.
Section
85.70,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
An
employee
who
has
sustained
an
injury
resulting
in
permanent
partial
or
permanent
total
disability,
for
which
compensation
is
payable
under
this
chapter
other
than
an
injury
to
the
shoulder
compensable
pursuant
to
section
85.34,
subsection
2
,
paragraph
“n”
,
and
who
cannot
return
to
gainful
employment
because
of
such
disability,
shall
upon
application
to
and
approval
by
the
workers’
compensation
commissioner
be
entitled
to
a
one
hundred
dollar
weekly
payment
from
the
employer
in
addition
to
any
other
benefit
payments,
during
each
full
week
in
which
the
employee
is
actively
participating
in
a
vocational
rehabilitation
program
recognized
by
the
vocational
rehabilitation
services
division
of
the
department
of
education
workforce
development
.
The
workers’
compensation
commissioner’s
approval
of
such
application
for
payment
may
be
given
only
after
a
careful
evaluation
of
available
facts,
and
after
consultation
with
the
employer
or
the
employer’s
representative.
Judicial
review
of
the
decision
of
the
workers’
compensation
commissioner
may
be
obtained
in
accordance
with
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
,
and
in
section
86.26
.
Such
additional
benefit
payment
shall
be
paid
for
a
period
not
to
exceed
thirteen
consecutive
weeks
except
that
the
workers’
compensation
commissioner
may
extend
the
period
of
payment
not
to
exceed
an
additional
thirteen
weeks
if
the
circumstances
indicate
that
a
continuation
of
training
will
in
fact
accomplish
rehabilitation.
Senate
File
514,
p.
1124
Sec.
2238.
Section
256.1,
subsection
1,
paragraph
d,
Code
2023,
is
amended
by
striking
the
paragraph.
Sec.
2239.
Section
256.35A,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
In
addition,
representatives
of
the
department
of
education,
the
division
of
vocational
rehabilitation
of
the
department
of
education
workforce
development
,
the
department
of
public
health,
the
department
of
human
services,
the
Iowa
developmental
disabilities
council,
the
division
of
insurance
of
the
department
of
commerce,
and
the
state
board
of
regents
shall
serve
as
ex
officio
members
of
the
advisory
council.
Ex
officio
members
shall
work
together
in
a
collaborative
manner
to
serve
as
a
resource
to
the
advisory
council.
The
council
may
also
form
workgroups
as
necessary
to
address
specific
issues
within
the
technical
purview
of
individual
members.
Sec.
2240.
Section
259.2,
Code
2023,
is
amended
to
read
as
follows:
259.2
Custodian
of
funds.
1.
The
treasurer
of
state
is
custodian
of
moneys
received
by
the
state
from
appropriations
made
by
the
Congress
of
the
United
States
for
the
vocational
rehabilitation
of
individuals
with
disabilities,
and
may
receive
and
provide
for
the
proper
custody
of
the
moneys
and
make
disbursement
of
them
the
moneys
upon
the
requisition
of
the
director
of
the
department
of
education
workforce
development
.
2.
The
treasurer
of
state
is
appointed
custodian
of
moneys
paid
by
the
federal
government
to
the
state
for
the
purpose
of
carrying
out
the
agreement
relative
to
making
determinations
of
disability
under
Tit.
II
and
Tit.
XVI
of
the
federal
Social
Security
Act
as
amended,
42
U.S.C.
ch.
7,
and
may
receive
the
moneys
and
make
disbursements
of
them
the
moneys
upon
the
requisition
of
the
director
of
the
department
of
education
workforce
development
.
Sec.
2241.
Section
259.3,
Code
2023,
is
amended
to
read
as
follows:
259.3
Board
and
division
Division
of
vocational
rehabilitation
services
.
The
division
of
vocational
rehabilitation
services
is
established
in
the
department
of
education
workforce
Senate
File
514,
p.
1125
development
.
The
director
of
the
department
of
education
workforce
development
shall
cooperate
with
the
United
States
secretary
of
education
in
carrying
out
the
federal
law
cited
in
sections
259.1
and
259.2
providing
for
the
vocational
rehabilitation
of
individuals
with
disabilities.
The
state
board
of
education
shall
adopt
rules
under
chapter
17A
for
the
administration
of
this
chapter
.
Sec.
2242.
Section
259.5,
Code
2023,
is
amended
to
read
as
follows:
259.5
Report
to
governor.
The
division
of
vocational
rehabilitation
services
shall
report
biennially
to
the
governor
the
condition
of
vocational
rehabilitation
within
the
state,
designating
the
educational
institutions,
establishments,
plants,
factories,
and
other
agencies
in
which
training
is
being
given,
and
include
a
detailed
statement
of
expenditures
of
the
state
and
federal
funds
in
the
rehabilitation
of
individuals
with
disabilities.
Sec.
2243.
Section
259.6,
Code
2023,
is
amended
to
read
as
follows:
259.6
Gifts
and
donations.
The
division
of
vocational
rehabilitation
services
may
receive
gifts
and
donations
from
either
public
or
private
sources
offered
unconditionally
or
under
conditions
related
to
the
vocational
rehabilitation
of
individuals
with
disabilities
that
are
consistent
with
this
chapter
.
Sec.
2244.
Section
259.7,
Code
2023,
is
amended
to
read
as
follows:
259.7
Fund.
All
the
moneys
received
as
gifts
or
donations
shall
be
deposited
in
the
state
treasury
and
shall
constitute
a
permanent
fund
to
be
called
the
special
fund
for
the
vocational
rehabilitation
of
individuals
with
disabilities,
to
be
used
by
the
director
of
the
department
of
education
workforce
development
in
carrying
out
the
provisions
of
this
chapter
or
for
related
purposes.
Sec.
2245.
Section
259.8,
Code
2023,
is
amended
to
read
as
follows:
259.8
Report
of
gifts.
A
full
report
of
all
gifts
and
donations
offered
and
Senate
File
514,
p.
1126
accepted,
together
with
the
names
of
the
donors
name
of
each
donor
and
the
respective
amounts
amount
contributed
by
each
donor
,
and
all
disbursements
from
the
special
fund
for
the
vocational
rehabilitation
of
individuals
with
disabilities
shall
be
submitted
at
call
or
biennially
to
the
governor
of
the
state
by
the
division
department
of
workforce
development
.
Sec.
2246.
NEW
SECTION
.
259.10
Rules.
The
department
of
workforce
development
shall
adopt
rules
under
chapter
17A
for
the
administration
of
this
chapter.
Sec.
2247.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
259.1
to
section
84G.1.
b.
Section
259.2
to
section
84G.2.
c.
Section
259.3
to
section
84G.3.
d.
Section
259.4
to
section
84G.4.
e.
Section
259.5
to
section
84G.5.
f.
Section
259.6
to
section
84G.6.
g.
Section
259.7
to
section
84G.7.
h.
Section
259.8
to
section
84G.8.
i.
Section
259.9
to
section
84G.9.
j.
Section
259.10
to
section
84G.10.
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.
Sec.
2248.
TRANSITION
PROVISION.
The
agreement
between
the
director
of
the
department
of
education
and
the
commissioner
of
the
United
States
social
security
administration
under
section
259.9
shall
remain
in
full
force
and
effect
until
amended,
repealed,
or
supplemented
by
the
United
States
social
security
administration
or
by
the
department
of
workforce
development.
APPRENTICESHIP
TRAINING
PROGRAM
Sec.
2249.
Section
15.106A,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
That
through
this
section
and
section
15.106B
,
the
authority
has
been
granted
broad
general
powers
and
specific
program
powers
over
all
of
the
authority’s
statutory
programs,
including
but
not
limited
to
the
programs
created
pursuant
to
chapters
15
,
15A
,
15B
,
15C
,
15E
,
and
15J
.
Senate
File
514,
p.
1127
Sec.
2250.
Section
15B.2,
subsection
5,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2251.
Section
15B.2,
Code
2023,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
6A.
“Department”
means
the
department
of
workforce
development.
NEW
SUBSECTION
.
9A.
“Targeted
industries”
means
the
industries
of
advanced
manufacturing,
biosciences,
and
information
technology.
Sec.
2252.
Section
15B.2,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
“Financial
assistance”
means
assistance
provided
only
from
the
funds,
rights,
and
assets
legally
available
to
the
authority
department
and
includes
but
is
not
limited
to
assistance
in
the
forms
of
grants,
loans,
forgivable
loans,
and
royalty
payments.
Sec.
2253.
Section
15B.3,
subsections
1,
2,
3,
and
4,
Code
2023,
are
amended
to
read
as
follows:
1.
An
apprenticeship
training
program
fund
is
created
as
a
revolving
fund
in
the
state
treasury
under
the
control
of
the
authority
department
.
2.
The
fund
shall
consist
of
moneys
appropriated
for
purposes
of
the
apprenticeship
training
program,
and
any
other
moneys
lawfully
available
to
the
authority
department
for
purposes
of
this
chapter
.
3.
Moneys
in
the
fund
are
appropriated
to
the
authority
department
for
the
purposes
of
this
chapter
.
4.
No
more
than
two
percent
of
the
total
moneys
deposited
in
the
fund
on
July
1
of
a
fiscal
year
is
appropriated
to
the
authority
department
for
the
purposes
of
administering
this
chapter
.
Sec.
2254.
Section
15B.3,
subsection
6,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2255.
Section
15B.4,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
An
apprenticeship
sponsor
or
lead
apprenticeship
sponsor
that
conducts
an
apprenticeship
program
that
is
registered
with
the
United
States
department
of
labor,
office
of
apprenticeship,
through
Iowa,
for
apprentices
who
will
Senate
File
514,
p.
1128
be
employed
at
worksites
located
in
this
state
may
apply
to
the
authority
department
for
financial
assistance
under
this
section
if
the
apprenticeship
program
includes
a
minimum
of
one
hundred
contact
hours
per
apprentice
for
each
training
year
of
the
apprenticeship
program.
Sec.
2256.
Section
15B.4,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
authority
department
shall
provide
financial
assistance
in
the
form
of
training
grants
to
eligible
apprenticeship
sponsors
or
lead
apprenticeship
sponsors
in
the
following
manner:
Sec.
2257.
Section
15B.4,
subsection
3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
An
apprenticeship
sponsor
or
lead
apprenticeship
sponsor
seeking
financial
assistance
under
this
section
shall
provide
the
following
information
to
the
authority
department
:
Sec.
2258.
Section
15B.4,
subsection
3,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
Any
other
information
the
authority
department
reasonably
determines
is
necessary.
Sec.
2259.
Section
15B.4,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
apprenticeship
sponsor
or
lead
apprenticeship
sponsor
and
the
authority
department
shall
enter
into
an
agreement
regarding
the
provision
of
any
financial
assistance
to
the
apprenticeship
sponsor
or
lead
apprenticeship
sponsor.
Sec.
2260.
NEW
SECTION
.
15B.5
Rules.
The
department
shall
adopt
rules
to
administer
this
chapter.
Sec.
2261.
2021
Iowa
Acts,
chapter
45,
section
5,
is
amended
to
read
as
follows:
SEC.
5.
APPLICABILITY.
This
Act
applies
to
financial
assistance
provided
by
the
economic
development
authority
to
apprenticeship
sponsors
and
lead
apprenticeship
sponsors
that
apply
for
financial
assistance
on
or
after
July
1,
2021
,
and
on
or
before
June
30,
2023
.
Sec.
2262.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
15B.1
to
section
84D.1.
Senate
File
514,
p.
1129
b.
Section
15B.2
to
section
84D.2.
c.
Section
15B.3
to
section
84D.3.
d.
Section
15B.4
to
section
84D.4.
e.
Section
15B.5
to
section
84D.5.
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.
Sec.
2263.
TRANSITION
PROVISION.
All
agreements
entered
into
by
an
apprenticeship
sponsor
or
lead
apprenticeship
sponsor
and
the
economic
development
authority
regarding
the
provision
of
any
financial
assistance
to
the
apprenticeship
sponsor
or
lead
apprenticeship
sponsor
prior
to
the
effective
date
of
this
division
of
this
Act
shall
be
valid
and
continue
as
provided
in
the
terms
of
the
agreement.
FUTURE
READY
IOWA
REGISTERED
APPRENTICESHIP
DEVELOPMENT
PROGRAM
Sec.
2264.
Section
15C.1,
subsection
1,
paragraph
f,
Code
2023,
is
amended
by
striking
the
paragraph
and
inserting
in
lieu
thereof
the
following:
f.
“Department”
means
the
department
of
workforce
development.
Sec.
2265.
Section
15C.1,
subsection
1,
paragraphs
g
and
h,
Code
2023,
are
amended
to
read
as
follows:
g.
“Eligible
apprenticeable
occupation”
means
an
apprenticeable
occupation
identified
by
the
workforce
development
board
or
a
community
college
pursuant
to
section
84A.1B,
subsection
14
,
as
a
high-demand
job
,
after
consultation
with
the
authority
.
h.
“Financial
assistance”
means
assistance
provided
only
from
the
funds,
rights,
and
assets
legally
available
to
the
authority
department
and
includes
but
is
not
limited
to
assistance
in
the
form
of
a
reimbursement
grant
to
support
the
costs
associated
with
establishing
a
new
eligible
apprenticeable
occupation
or
an
additional
eligible
apprenticeable
occupation
in
an
applicant’s
apprenticeship
program.
Sec.
2266.
Section
15C.1,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Program
created.
Subject
to
an
appropriation
of
funds
by
the
general
assembly
for
this
purpose,
a
future
ready
Iowa
Senate
File
514,
p.
1130
registered
apprenticeship
development
program
is
created
which
shall
be
administered
by
the
authority
department
.
The
purpose
of
the
program
is
to
provide
financial
assistance
to
incentivize
small
and
medium-sized
apprenticeship
sponsors
to
establish
new
or
additional
eligible
apprenticeable
occupations
in
the
apprenticeship
sponsor’s
apprenticeship
program
in
order
to
support
the
growth
of
apprenticeship
programs
and
expand
high-quality
work-based
learning
experiences
in
high-demand
fields
and
careers
for
persons
who
are
employed
in
eligible
apprenticeable
occupations
in
Iowa.
Sec.
2267.
Section
15C.1,
subsection
3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
An
apprenticeship
sponsor
may
apply
to
the
authority
department
,
on
forms
provided
by
the
authority
department
and
in
accordance
with
the
authority’s
department’s
instructions,
to
receive
financial
assistance
under
the
program.
The
authority
department
shall
provide
upon
request
and
on
the
authority’s
department’s
internet
site
information
about
the
program,
the
application,
application
instructions,
and
the
application
period
established
each
year
for
funding
available
under
the
program.
The
application
shall
include
a
description
of
how
the
financial
assistance
awarded
under
this
section
would
be
used
to
establish
an
apprenticeship
program
or
add
new
or
additional
apprenticeable
occupations
to
the
apprenticeship
sponsor’s
apprenticeship
program
and
the
anticipated
program
expenses
identified
by
the
applicant.
Sec.
2268.
Section
15C.1,
subsection
3,
paragraph
a,
subparagraphs
(1)
and
(2),
Code
2023,
are
amended
to
read
as
follows:
(1)
Twenty
or
fewer
apprentices
are
registered
in
the
existing
apprenticeship
program
as
of
December
31
of
the
calendar
year
prior
to
the
date
the
authority
department
receives
the
apprenticeship
sponsor’s
application.
(2)
More
than
seventy
percent
of
the
applicant’s
apprentices
shall
be
are
residents
of
Iowa,
and
the
remainder
of
the
applicant’s
apprentices
shall
be
are
residents
of
states
contiguous
to
Iowa.
In
determining
the
number
of
apprentices
in
an
applicant’s
apprenticeship
program,
the
authority
department
may
calculate
the
average
number
of
apprentices
in
the
program
Senate
File
514,
p.
1131
within
the
most
recent
two-year
period.
Sec.
2269.
Section
15C.1,
subsections
4
and
5,
Code
2023,
are
amended
to
read
as
follows:
4.
Rules.
The
authority
department
shall
adopt
rules
pursuant
to
chapter
17A
establishing
a
staff
review
and
application
approval
process,
application
scoring
criteria,
the
minimum
score
necessary
for
approval
of
financial
assistance,
procedures
for
notification
of
an
award
of
financial
assistance,
the
terms
of
agreement
between
the
apprenticeship
sponsor
and
the
authority
department
,
and
any
other
rules
deemed
necessary
for
the
implementation
and
administration
of
this
section
.
5.
Agreement.
Prior
to
distributing
financial
assistance
under
this
section
,
the
authority
department
shall
enter
into
an
agreement
with
the
apprenticeship
sponsor
awarded
financial
assistance
in
accordance
with
this
section
,
and
the
financial
assistance
recipient
shall
confirm
the
expenses
for
establishing
the
program
or
adding
the
additional
occupations
as
identified
in
the
approved
application,
and
shall
meet
all
terms
established
by
the
authority
department
for
receipt
of
financial
assistance
under
this
section
.
Sec.
2270.
Section
15C.1,
subsection
6,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Notwithstanding
section
8.33
,
moneys
appropriated
to
the
authority
department
by
the
general
assembly
for
purposes
of
this
section
that
remain
unencumbered
or
unobligated
at
the
end
of
the
fiscal
year
shall
not
revert
to
the
general
fund
but
shall
remain
available
for
expenditure
for
the
purposes
designated
in
subsequent
fiscal
years.
Sec.
2271.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfer:
Section
15C.1
to
section
84E.1.
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,
including
references
to
chapter
15C.
Sec.
2272.
TRANSITION
PROVISION.
All
agreements
entered
into
by
an
apprenticeship
sponsor
and
the
economic
development
authority
under
section
15C.1,
subsection
5,
prior
to
the
Senate
File
514,
p.
1132
effective
date
of
this
division
of
this
Act
shall
be
valid
and
continue
as
provided
in
the
terms
of
the
agreement.
FUTURE
READY
IOWA
EXPANDED
REGISTERED
APPRENTICESHIP
OPPORTUNITIES
PROGRAM
Sec.
2273.
Section
15C.2,
subsection
1,
paragraph
e,
Code
2023,
is
amended
by
striking
the
paragraph
and
inserting
in
lieu
thereof
the
following:
e.
“Department”
means
the
department
of
workforce
development.
Sec.
2274.
Section
15C.2,
subsection
1,
paragraph
h,
Code
2023,
is
amended
to
read
as
follows:
h.
“Financial
assistance”
means
assistance
provided
only
from
the
funds,
rights,
and
assets
legally
available
to
the
authority
department
and
includes
but
is
not
limited
to
assistance
in
the
form
of
a
reimbursement
grant
of
one
thousand
dollars
per
apprentice
in
an
eligible
apprenticeable
occupation.
Sec.
2275.
Section
15C.2,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Program
created.
Subject
to
an
appropriation
of
funds
by
the
general
assembly
for
this
purpose,
a
future
ready
Iowa
expanded
registered
apprenticeship
opportunities
program
is
created
which
shall
be
administered
by
the
authority
department
.
The
purpose
of
the
program
is
to
provide
financial
assistance
to
encourage
apprenticeship
sponsors
of
apprenticeship
programs
with
twenty
or
fewer
apprentices
to
maintain
apprenticeship
programs
in
high-demand
occupations.
Sec.
2276.
Section
15C.2,
subsection
3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
An
eligible
apprenticeship
sponsor
may
apply
to
the
authority
department
,
on
forms
provided
by
the
authority
department
and
in
accordance
with
the
authority’s
department’s
instructions,
to
receive
financial
assistance
under
the
program.
The
authority
department
shall
provide
upon
request
and
on
the
authority’s
department’s
internet
site
information
about
the
program,
the
application,
application
instructions,
and
the
application
period
established
each
year
for
funding
available
under
the
program.
Sec.
2277.
Section
15C.2,
subsection
3,
paragraph
a,
Senate
File
514,
p.
1133
subparagraphs
(1)
and
(2),
Code
2023,
are
amended
to
read
as
follows:
(1)
Twenty
or
fewer
apprentices
are
registered
in
the
apprenticeship
program
as
of
December
31
of
the
calendar
year
prior
to
the
date
the
authority
department
receives
the
eligible
apprenticeship
sponsor’s
application.
(2)
More
than
seventy
percent
of
the
applicant’s
apprentices
are
residents
of
Iowa,
and
the
remainder
of
the
applicant’s
apprentices
are
residents
of
states
contiguous
to
Iowa.
In
determining
the
number
of
apprentices
in
an
applicant’s
apprenticeship
program,
the
authority
department
may
calculate
the
average
number
of
apprentices
in
the
program
within
the
most
recent
two-year
period.
Sec.
2278.
Section
15C.2,
subsections
4
and
5,
Code
2023,
are
amended
to
read
as
follows:
4.
Rules.
The
authority
department
shall
adopt
rules
pursuant
to
chapter
17A
establishing
a
staff
review
and
application
approval
process,
application
scoring
criteria,
the
minimum
score
necessary
for
approval
of
financial
assistance,
procedures
for
notification
of
an
award
of
financial
assistance,
the
terms
of
agreement
between
the
apprenticeship
sponsor
and
the
authority
department
,
and
any
other
rules
deemed
necessary
for
the
implementation
and
administration
of
this
section
.
5.
Agreement.
Prior
to
distributing
financial
assistance
under
this
section
,
the
authority
department
shall
enter
into
an
agreement
with
the
eligible
apprenticeship
sponsor
awarded
financial
assistance
in
accordance
with
this
section
,
and
the
financial
assistance
recipient
shall
confirm
the
number
of
apprentices
in
eligible
apprenticeable
occupations
as
identified
in
the
approved
application,
and
shall
meet
all
terms
established
by
the
authority
department
for
receipt
of
financial
assistance
under
this
section
.
Sec.
2279.
Section
15C.2,
subsection
7,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Notwithstanding
section
8.33
,
moneys
appropriated
to
the
authority
department
by
the
general
assembly
for
purposes
of
this
section
that
remain
unencumbered
or
unobligated
at
the
end
of
the
fiscal
year
shall
not
revert
to
the
general
fund
Senate
File
514,
p.
1134
but
shall
remain
available
for
expenditure
for
the
purposes
designated
in
subsequent
fiscal
years.
Sec.
2280.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfer:
Section
15C.2
to
section
84E.2.
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,
including
references
to
chapter
15C.
Sec.
2281.
TRANSITION
PROVISION.
All
agreements
entered
into
by
an
apprenticeship
sponsor
and
the
economic
development
authority
under
section
15C.2,
subsection
5,
regarding
the
provision
of
any
financial
assistance
to
the
apprenticeship
sponsor
prior
to
the
effective
date
of
this
division
of
this
Act
shall
be
valid
and
continue
as
provided
in
the
terms
of
the
agreement.
EMPLOYMENT
AGENCIES
Sec.
2282.
Section
94A.1,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Commissioner”
“Director”
means
the
labor
commissioner,
appointed
pursuant
to
section
91.2
,
director
of
the
department
of
workforce
development
or
the
labor
commissioner’s
director’s
designee.
Sec.
2283.
Section
94A.2,
Code
2023,
is
amended
to
read
as
follows:
94A.2
Licensing.
1.
An
employment
agency
shall
obtain
a
license
from
the
commissioner
director
prior
to
transacting
any
business.
Licenses
expire
on
June
30
of
each
year.
2.
A
license
application
shall
be
in
the
form
prescribed
by
the
commissioner
director
and
shall
be
accompanied
by
all
of
the
following:
a.
A
surety
company
bond
in
the
sum
of
thirty
thousand
dollars,
to
be
approved
by
the
commissioner
director
and
conditioned
to
pay
any
damages
that
may
accrue
to
any
person
due
to
a
wrongful
act
or
violation
of
law
on
the
part
of
the
applicant
in
the
conduct
of
business.
b.
The
schedule
of
fees
to
be
charged
by
the
employment
agency.
Senate
File
514,
p.
1135
c.
All
contract
forms
to
be
signed
by
an
employee.
d.
An
application
fee
of
seventy-five
dollars.
3.
The
commissioner
director
shall
grant
or
deny
a
license
within
thirty
days
from
the
filing
date
of
a
completed
application.
4.
The
commissioner
director
may
revoke,
suspend,
or
annul
a
license
in
accordance
with
chapter
17A
upon
good
cause
pursuant
to
rules
adopted
by
the
director
.
Sec.
2284.
Section
94A.4,
subsection
4,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
Charge
an
employee
any
fee
greater
than
the
fee
schedule
on
file
with
the
commissioner
director
without
prior
consent
of
the
commissioner
director
.
Sec.
2285.
Section
94A.5,
Code
2023,
is
amended
to
read
as
follows:
94A.5
Powers
and
duties
of
the
commissioner
director
.
1.
At
any
time,
the
commissioner
The
director
may
examine
the
records,
books,
and
any
papers
relating
to
the
conduct
and
operation
of
an
employment
agency
at
any
time
.
2.
The
commissioner
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
chapter
.
Sec.
2286.
Section
94A.6,
Code
2023,
is
amended
to
read
as
follows:
94A.6
Violations.
1.
A
person
who
violates
a
provision
of
this
chapter
or
who
refuses
the
commissioner
director
access
to
records,
books,
and
papers
pursuant
to
an
examination
under
section
94A.5
shall
be
guilty
of
a
simple
misdemeanor.
2.
If
a
person
violates
a
provision
of
this
chapter
or
refuses
the
commissioner
director
access
to
records,
books,
and
papers
pursuant
to
an
examination
under
section
94A.5
,
the
commissioner
director
shall
assess
a
civil
penalty
against
the
person
in
an
amount
not
greater
than
two
thousand
dollars.
Sec.
2287.
NEW
SECTION
.
94A.7
Rules.
1.
The
director
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
chapter.
2.
The
director
may
establish
rules
pursuant
to
chapter
17A
to
assess
and
collect
interest
on
fees
and
penalties
owed
to
the
department
of
workforce
development.
The
director
may
delay
or,
Senate
File
514,
p.
1136
following
written
notice,
deny
the
issuance
of
a
license,
if
the
applicant
for
the
license
owes
a
debt
to
the
department
of
workforce
development.
Sec.
2288.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
94A.1
to
section
84H.1.
b.
Section
94A.2
to
section
84H.2.
c.
Section
94A.3
to
section
84H.3.
d.
Section
94A.4
to
section
84H.4.
e.
Section
94A.5
to
section
84H.5.
f.
Section
94A.6
to
section
84H.6.
g.
Section
94A.7
to
section
84H.7.
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.
REPORTS
AND
RECORDS
Sec.
2289.
Section
91.12,
Code
2023,
is
amended
to
read
as
follows:
91.12
Reports
and
records
to
division
of
labor
services
.
1.
An
owner,
operator,
or
manager
of
every
factory,
mill,
workshop,
mine,
store,
railway,
business
house,
public
or
private
work,
or
any
other
establishment
where
labor
is
employed,
shall
submit
to
the
division
of
labor
services
department
of
workforce
development
reports
in
the
form
and
manner
prescribed
by
the
commissioner
director
of
the
department
of
workforce
development
by
rule
,
for
the
purpose
of
compiling
labor
statistics.
The
owner,
operator,
or
business
manager
shall
submit
the
reports
within
sixty
days
from
receipt
of
notice,
and
shall
certify
under
oath
the
accuracy
of
the
reports.
For
purposes
of
this
section,
“factory”
,
“mill”
,
“workshop”
,
“mine”
,
“store”
,
“railway”
,
“business
house”
,
and
“public
or
private
work”
shall
mean
any
factory,
mill,
workshop,
mine,
store,
railway,
business
house,
or
public
or
private
work
where
wage
earners
are
employed
for
compensation.
2.
Notwithstanding
chapter
22
,
records
containing
submitted
under
subsection
1
that
contain
identifiable
financial
institution
or
credit
card
account
numbers
obtained
by
the
commissioner
shall
be
kept
confidential.
Senate
File
514,
p.
1137
3.
a.
Any
officer
or
employee
of
the
department
of
workforce
development
who
makes
unlawful
use
of
a
report
submitted
under
subsection
1
shall
be
guilty
of
a
serious
misdemeanor.
b.
Any
person
who
has
access
to
a
report
submitted
under
subsection
1
who
makes
unlawful
use
of
the
report
shall
be
guilty
of
a
serious
misdemeanor.
c.
Any
owner,
operator,
or
manager
of
a
factory,
mill,
workshop,
mine,
store,
railway,
business
house,
or
public
or
private
work
who
fails
to
submit
the
report
required
under
subsection
1
shall
be
guilty
of
a
simple
misdemeanor.
4.
The
director
of
the
department
of
workforce
development
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section.
Sec.
2290.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfer:
Section
91.12
to
section
84A.18.
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.
ADULT
EDUCATION
Sec.
2291.
NEW
SECTION
.
84A.19
Adult
education
and
literacy
programs.
1.
For
purposes
of
this
section,
unless
the
context
otherwise
requires:
a.
“Adult
education
and
literacy
programs”
means
adult
basic
education,
adult
education
leading
to
a
high
school
equivalency
diploma
under
chapter
259A,
English
as
a
second
language
instruction,
and
workplace
and
family
literacy
instruction.
b.
“Community
colleges”
means
the
same
as
defined
in
section
260C.2.
2.
The
department
of
workforce
development
and
community
colleges
shall
jointly
implement
adult
education
and
literacy
programs
to
assist
adults
and
youths
sixteen
years
of
age
and
older
who
are
not
in
school
in
obtaining
the
knowledge
and
skills
necessary
for
further
education,
work,
and
community
involvement.
3.
The
department
of
workforce
development,
in
consultation
Senate
File
514,
p.
1138
with
community
colleges,
shall
prescribe
standards
for
adult
education
and
literacy
programs
including
but
not
limited
to
contextualized
and
integrated
instruction,
assessments,
instructor
qualification
and
professional
development,
data
collection
and
reporting,
and
performance
benchmarks.
4.
The
department
of
workforce
development,
in
consultation
with
community
colleges,
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section.
Sec.
2292.
Section
260C.50,
Code
2023,
is
amended
to
read
as
follows:
260C.50
Adult
education
and
literacy
programs
.
1.
For
purposes
of
this
section
,
“adult
education
and
literacy
programs
”
means
adult
basic
education,
adult
education
leading
to
a
high
school
equivalency
diploma
under
chapter
259A
,
English
as
a
second
language
instruction,
workplace
and
family
literacy
instruction,
or
integrated
basic
education
and
technical
skills
instruction.
2.
The
department
and
the
community
colleges
shall
jointly
implement
adult
education
and
literacy
programs
to
assist
adults
and
youths
sixteen
years
of
age
and
older
who
are
not
in
school
in
obtaining
the
knowledge
and
skills
necessary
for
further
education,
work,
and
community
involvement.
3.
The
state
board,
in
consultation
with
the
community
colleges,
shall
prescribe
standards
for
adult
education
and
literacy
programs
including
but
not
limited
to
contextualized
and
integrated
instruction,
assessments,
instructor
qualification
and
professional
development,
data
collection
and
reporting,
and
performance
benchmarks.
4.
The
state
board,
in
consultation
with
the
community
colleges,
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section
.
DIVISION
XII
DEPARTMENT
OF
REVENUE
IOWA
LOTTERY
Sec.
2293.
Section
7E.6,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Any
position
of
membership
on
the
board
of
the
Iowa
lottery
authority
board
created
in
section
99G.8
shall
receive
compensation
of
fifty
dollars
per
day
and
expenses.
Senate
File
514,
p.
1139
Sec.
2294.
Section
68B.35,
subsection
2,
paragraph
e,
Code
2023,
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’
retirement
system
investment
board,
the
board
of
the
Iowa
lottery
authority
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.
2295.
Section
99B.1,
subsection
22,
Code
2023,
is
amended
to
read
as
follows:
22.
“Merchandise”
means
goods
or
services
that
are
bought
and
sold
in
the
regular
course
of
business.
“Merchandise”
includes
lottery
tickets
or
shares
sold
or
authorized
under
chapter
99G
.
The
value
of
the
lottery
ticket
or
share
is
the
price
of
the
lottery
ticket
or
share
as
established
by
the
Iowa
lottery
authority
department
of
revenue
pursuant
to
chapter
99G
.
“Merchandise”
includes
a
gift
card
if
the
gift
card
is
not
redeemable
for
cash.
Sec.
2296.
Section
99G.1,
Code
2023,
is
amended
to
read
as
follows:
99G.1
Title.
This
chapter
may
be
cited
as
the
“Iowa
Lottery
Authority
Act”
.
Sec.
2297.
Section
99G.2,
subsection
2,
Code
2023,
is
amended
by
striking
the
subsection.
Senate
File
514,
p.
1140
Sec.
2298.
Section
99G.3,
subsections
2
and
4,
Code
2023,
are
amended
by
striking
the
subsections.
Sec.
2299.
Section
99G.3,
Code
2023,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
1A.
“Administrator”
means
the
administrator
of
the
Iowa
lottery
appointed
pursuant
to
section
99G.5.
NEW
SUBSECTION
.
4A.
“Department”
means
the
department
of
revenue.
NEW
SUBSECTION
.
4B.
“Director”
means
the
director
of
the
department
of
revenue
or
the
director’s
designee.
NEW
SUBSECTION
.
4C.
“Division”
means
the
Iowa
lottery
division
of
the
department
of
revenue.
Sec.
2300.
Section
99G.3,
subsections
3,
7,
14,
and
18,
Code
2023,
are
amended
to
read
as
follows:
3.
“Board”
means
the
board
of
directors
of
the
authority
Iowa
lottery
created
in
section
99G.8
.
7.
“Lottery”
,
“lotteries”
,
“lottery
game”
,
“lottery
games”
,
or
“lottery
products”
means
any
game
of
chance
approved
by
the
board
and
operated
pursuant
to
this
chapter
and
games
using
mechanical
or
electronic
devices,
provided
that
the
authority
division
shall
not
authorize
a
monitor
vending
machine
or
a
player-activated
gaming
machine
that
utilizes
an
internal
randomizer
to
determine
winning
and
nonwinning
plays
and
that
upon
random
internal
selection
of
a
winning
play
dispenses
coins,
currency,
or
a
ticket,
credit,
or
token
to
the
player
that
is
redeemable
for
cash
or
a
prize,
and
excluding
gambling
or
gaming
conducted
pursuant
to
chapter
99B
,
99D
,
or
99F
.
14.
“Retailer”
means
a
person
who
sells
lottery
tickets
or
shares
on
behalf
of
the
authority
division
pursuant
to
a
license
issued
by
the
authority
department
.
18.
“Vendor”
means
a
person
who
provides
or
proposes
to
provide
goods
or
services
to
the
authority
department
pursuant
to
a
major
procurement
contract,
but
does
not
include
an
employee
of
the
authority
department
under
this
chapter
,
a
retailer,
or
a
state
agency
or
instrumentality
thereof.
Sec.
2301.
Section
99G.3,
subsection
8,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2302.
Section
99G.4,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
1141
99G.4
Iowa
lottery
authority
created.
1.
An
Iowa
lottery
authority
is
created
,
effective
September
1,
2003,
which
shall
administer
the
state
lottery
be
administered
by
the
division
.
The
authority
shall
be
deemed
to
be
a
public
authority
and
an
instrumentality
of
the
state,
and
not
a
state
agency.
However,
the
authority
shall
be
considered
a
state
agency
for
purposes
of
chapters
17A
,
21
,
22
,
28E
,
68B
,
91B
,
97B
,
509A
,
and
669
.
2.
The
income
and
property
of
the
authority
department
under
this
chapter
shall
be
exempt
from
all
state
and
local
taxes,
and
the
sale
of
lottery
tickets
and
shares
issued
and
sold
by
the
authority
division
and
its
retail
licensees
shall
be
exempt
from
all
state
and
local
sales
taxes.
Sec.
2303.
Section
99G.5,
Code
2023,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
99G.5
Lottery
administrator.
1.
An
administrator
of
the
lottery
under
this
chapter
shall
be
appointed
by
the
governor
subject
to
confirmation
by
the
senate
and
shall
serve
at
the
pleasure
of
the
governor.
The
administrator
shall
be
qualified
by
training
and
experience
to
manage
a
lottery.
2.
The
salary
of
the
lottery
administrator
shall
be
set
by
the
governor
within
the
applicable
salary
range
established
by
the
general
assembly.
3.
The
lottery
administrator
shall
be
an
employee
of
the
department
and
shall
direct
the
day-to-day
operations
and
management
of
the
lottery
under
this
chapter
as
specified
by
the
director.
Sec.
2304.
Section
99G.6,
Code
2023,
is
amended
to
read
as
follows:
99G.6
Power
to
administer
oaths
and
take
testimony
——
subpoena.
The
chief
executive
officer
administrator
or
the
chief
executive
officer’s
administrator’s
designee
if
authorized
to
conduct
an
inquiry,
investigation,
or
hearing
under
this
chapter
may
administer
oaths
and
take
testimony
under
oath
relative
to
the
matter
of
inquiry,
investigation,
or
hearing.
At
a
hearing
ordered
by
the
chief
executive
officer
administrator
,
the
chief
executive
officer
administrator
or
the
Senate
File
514,
p.
1142
designee
may
subpoena
witnesses
and
require
the
production
of
records,
paper,
or
documents
pertinent
to
the
hearing.
Sec.
2305.
Section
99G.7,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
chief
executive
officer
of
the
authority
administrator
shall
direct
and
supervise
all
administrative
and
technical
activities
in
accordance
with
the
provisions
of
this
chapter
and
with
the
administrative
rules,
policies,
and
procedures
adopted
by
the
board.
The
chief
executive
officer
administrator
shall
do
all
of
the
following:
Sec.
2306.
Section
99G.7,
subsection
1,
paragraphs
b
and
c,
Code
2023,
are
amended
by
striking
the
paragraphs.
Sec.
2307.
Section
99G.7,
subsection
1,
paragraphs
d,
e,
f,
g,
and
i,
Code
2023,
are
amended
to
read
as
follows:
d.
Promote
or
provide
for
promotion
of
the
lottery
and
any
functions
related
to
the
authority
division
under
this
chapter
.
e.
Prepare
a
budget
for
the
approval
of
the
board
director
for
activities
of
the
division
under
this
chapter
.
f.
Require
bond
from
such
retailers
and
vendors
in
such
amounts
as
required
by
the
board
division
.
g.
Report
semiannually
to
the
general
assembly’s
standing
committees
on
government
oversight
regarding
the
operations
of
the
authority
division
.
i.
Perform
other
duties
generally
associated
with
a
chief
executive
officer
of
an
authority
of
an
entrepreneurial
nature
as
necessary
to
administer
this
chapter
.
Sec.
2308.
Section
99G.7,
subsections
2,
3,
and
4,
Code
2023,
are
amended
to
read
as
follows:
2.
The
chief
executive
officer
administrator
shall
conduct
an
ongoing
study
of
the
operation
and
administration
of
lottery
laws
similar
to
this
chapter
in
other
states
or
countries,
of
available
literature
on
the
subject,
of
federal
laws
and
regulations
which
may
affect
the
operation
of
the
lottery
and
of
the
reaction
of
citizens
of
this
state
to
existing
or
proposed
features
of
lottery
games
with
a
view
toward
implementing
improvements
that
will
tend
to
serve
the
purposes
of
this
chapter
.
3.
The
chief
executive
officer
director
may
for
good
cause
suspend,
revoke,
or
refuse
to
renew
any
contract
entered
Senate
File
514,
p.
1143
into
in
accordance
with
the
provisions
of
this
chapter
or
the
administrative
rules,
policies,
and
procedures
of
the
board.
4.
The
chief
executive
officer
or
the
chief
executive
officer’s
designee
administrator
or
the
administrator’s
designee
may
conduct
hearings
and
administer
oaths
to
persons
for
the
purpose
of
assuring
the
security
or
integrity
of
lottery
operations
or
to
determine
the
qualifications
of
or
compliance
by
vendors
and
retailers.
Sec.
2309.
Section
99G.8,
subsections
1,
4,
6,
and
13,
Code
2023,
are
amended
to
read
as
follows:
1.
The
authority
shall
be
administered
by
a
A
board
of
directors
comprised
of
five
members
appointed
by
the
governor
subject
to
confirmation
by
the
senate
is
created
within
the
department
.
Board
members
appointed
when
the
senate
is
not
in
session
shall
serve
only
until
the
end
of
the
next
regular
session
of
the
general
assembly,
unless
confirmed
by
the
senate.
4.
No
officer
or
employee
of
the
authority
department
shall
be
a
member
of
the
board.
6.
A
majority
of
members
in
office
shall
constitute
a
quorum
for
the
transaction
of
any
business
and
for
the
exercise
of
any
power
or
function
of
the
authority
board
.
13.
Board
members
shall
not
have
any
direct
or
indirect
interest
in
an
undertaking
that
puts
their
personal
interest
in
conflict
with
that
of
the
authority
department
under
this
chapter
including
but
not
limited
to
an
interest
in
a
major
procurement
contract
or
a
participating
retailer.
Sec.
2310.
Section
99G.8,
subsection
15,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2311.
Section
99G.9,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
board
shall
provide
the
chief
executive
officer
director
and
the
administrator
with
private-sector
perspectives
of
a
large
marketing
enterprise.
The
board
shall
do
all
of
the
following:
Sec.
2312.
Section
99G.9,
subsections
1
and
5,
Code
2023,
are
amended
by
striking
the
subsections.
Sec.
2313.
Section
99G.9,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Approve,
disapprove,
amend,
or
modify
the
terms
of
major
Senate
File
514,
p.
1144
lottery
procurements
recommended
by
the
chief
executive
officer
administrator
.
Sec.
2314.
Section
99G.9,
subsection
3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Adopt
policies
and
procedures
and
promulgate
administrative
rules
pursuant
to
chapter
17A
relating
to
the
management
and
operation
of
the
authority
Iowa
lottery
.
The
administrative
rules
promulgated
pursuant
to
this
subsection
may
include
but
shall
not
be
limited
to
the
following:
Sec.
2315.
Section
99G.9,
subsection
3,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
The
number
and
amount
of
prizes,
including
but
not
limited
to
prizes
of
free
tickets
or
shares
in
lottery
games
conducted
by
the
authority
division
and
merchandise
prizes.
The
authority
division
shall
maintain
and
make
available
for
public
inspection
at
its
offices
during
regular
business
hours
a
detailed
listing
of
the
estimated
number
of
prizes
of
each
particular
denomination
that
are
expected
to
be
awarded
in
any
game
that
is
on
sale
or
the
estimated
odds
of
winning
the
prizes
and,
after
the
end
of
the
claim
period,
shall
maintain
and
make
available
a
listing
of
the
total
number
of
tickets
or
shares
sold
in
a
game
and
the
number
of
prizes
of
each
denomination
that
were
awarded.
Sec.
2316.
Section
99G.9,
subsection
3,
paragraph
j,
Code
2023,
is
amended
by
striking
the
paragraph.
Sec.
2317.
Section
99G.9,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Adopt
game
specific
rules.
The
promulgation
of
game
specific
rules
shall
not
be
subject
to
the
requirements
of
chapter
17A
.
However,
game
specific
rules
shall
be
made
available
to
the
public
prior
to
the
time
the
games
go
on
sale
and
shall
be
kept
on
file
at
the
office
of
the
authority
division
.
Sec.
2318.
Section
99G.10,
Code
2023,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
99G.10
Lottery
personnel.
1.
An
employee
of
the
division
shall
not
have
a
financial
interest
in
any
vendor
doing
business
or
proposing
to
do
business
with
the
department
under
this
chapter.
However,
an
Senate
File
514,
p.
1145
employee
may
own
shares
of
a
mutual
fund
which
may
hold
shares
of
a
vendor
corporation
provided
the
employee
does
not
have
the
ability
to
influence
the
investment
functions
of
the
mutual
fund.
2.
An
employee
of
the
division
with
decision-making
authority
under
this
chapter
shall
not
participate
in
any
decision
involving
a
retailer
with
whom
the
employee
has
a
financial
interest.
3.
A
background
investigation
shall
be
conducted
by
the
department
of
public
safety,
division
of
criminal
investigation,
on
each
applicant
who
has
reached
the
final
selection
process
prior
to
employment
by
the
department
under
this
chapter.
For
positions
not
designated
as
sensitive
by
the
department,
the
investigation
may
consist
of
a
state
criminal
history
background
check,
work
history,
and
financial
review.
The
department
shall
identify
those
sensitive
positions
of
the
division
which
require
full
background
investigations,
which
positions
shall
include,
at
a
minimum,
any
officer
of
the
division,
and
any
employee
with
operational
management
responsibilities,
security
duties,
or
system
maintenance
or
programming
responsibilities
related
to
the
division’s
data
processing
or
network
hardware,
software,
communication,
or
related
systems
under
this
chapter.
In
addition
to
a
work
history
and
financial
review,
a
full
background
investigation
may
include
a
national
criminal
history
check
through
the
federal
bureau
of
investigation.
The
screening
of
employees
through
the
federal
bureau
of
investigation
shall
be
conducted
by
submission
of
fingerprints
through
the
state
criminal
history
repository
to
the
federal
bureau
of
investigation.
The
results
of
background
investigations
conducted
pursuant
to
this
section
shall
not
be
considered
public
records
under
chapter
22.
4.
A
person
who
has
been
convicted
of
a
felony
or
bookmaking
or
other
form
of
illegal
gambling
or
of
a
crime
involving
moral
turpitude
shall
not
be
employed
by
the
department
under
this
chapter.
5.
The
department
shall
bond
employees
with
access
to
Iowa
lottery
funds
or
lottery
revenue
under
this
chapter
in
such
an
amount
as
provided
by
the
department
and
may
bond
other
employees
under
this
chapter
as
deemed
necessary.
Senate
File
514,
p.
1146
Sec.
2319.
Section
99G.11,
subsections
1,
2,
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
A
member
of
the
board,
any
officer,
or
other
employee
of
the
authority
division
shall
not
directly
or
indirectly,
individually,
as
a
member
of
a
partnership
or
other
association,
or
as
a
shareholder,
director,
or
officer
of
a
corporation
have
an
interest
in
a
business
that
contracts
for
the
operation
or
marketing
of
the
lottery
as
authorized
by
this
chapter
,
unless
the
business
is
controlled
or
operated
by
a
consortium
of
lotteries
in
which
the
authority
division
has
an
interest.
2.
Notwithstanding
the
provisions
of
chapter
68B
,
a
person
contracting
or
seeking
to
contract
with
the
state
to
supply
gaming
equipment
or
materials
for
use
in
the
operation
of
the
lottery,
an
applicant
for
a
license
to
sell
tickets
or
shares
in
the
lottery,
or
a
retailer
shall
not
offer
a
member
of
the
board,
any
officer,
or
other
employee
of
the
authority
division
,
or
a
member
of
their
immediate
family
a
gift,
gratuity,
or
other
thing
having
a
value
of
more
than
the
limits
established
in
chapter
68B
,
other
than
food
and
beverage
consumed
at
a
meal.
For
purposes
of
this
subsection
,
“member
of
their
immediate
family”
means
a
spouse,
child,
stepchild,
brother,
brother-in-law,
stepbrother,
sister,
sister-in-law,
stepsister,
parent,
parent-in-law,
or
step-parent
of
the
board
member,
the
officer,
or
other
employee
who
resides
in
the
same
household
in
the
same
principal
residence
of
the
board
member,
officer,
or
other
employee.
3.
If
a
board
member,
officer,
or
other
employee
of
the
authority
division
violates
a
provision
of
this
section
,
the
board
member,
officer,
or
employee
shall
be
immediately
removed
from
the
office
or
position.
Sec.
2320.
Section
99G.12,
subsection
2,
paragraphs
a
and
b,
Code
2023,
are
amended
to
read
as
follows:
a.
The
self-service
kiosk
shall
be
owned
or
leased
by
the
authority
department
.
b.
The
self-service
kiosk
shall
only
be
located
in
a
retail
location
licensed
by
the
authority
division
pursuant
to
this
chapter
.
The
authority
division
shall
determine,
in
its
sole
discretion,
the
placement
of
the
self-service
kiosk.
Sec.
2321.
Section
99G.21,
subsections
1,
3,
4,
and
5,
Code
Senate
File
514,
p.
1147
2023,
are
amended
to
read
as
follows:
1.
Funds
of
the
state
shall
not
be
used
or
obligated
to
pay
the
expenses
or
prizes
of
the
authority
department
under
this
chapter
.
3.
Notwithstanding
any
other
provision
of
law,
any
purchase
of
real
property
and
any
borrowing
of
more
than
one
million
dollars
by
the
authority
department
for
purposes
of
this
chapter
shall
require
written
notice
from
the
authority
department
to
the
general
assembly’s
standing
committees
on
government
oversight
and
the
prior
approval
of
the
executive
council.
4.
The
powers
enumerated
in
this
section
are
cumulative
of
and
in
addition
to
those
powers
enumerated
elsewhere
in
this
chapter
and
no
such
powers
limit
or
restrict
any
other
powers
of
the
authority
department
under
this
chapter
.
5.
Departments,
boards,
commissions,
or
other
agencies
of
this
state
shall
provide
reasonable
assistance
and
services
to
the
authority
department
for
purposes
of
this
chapter
upon
the
request
of
the
chief
executive
officer
director
.
Sec.
2322.
Section
99G.21,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
authority
shall
have
any
and
all
powers
necessary
or
convenient
to
carry
out
and
effectuate
department,
in
carrying
out
the
purposes
and
provisions
of
this
chapter
which
are
not
in
conflict
with
the
Constitution
of
the
State
of
Iowa
,
including,
but
without
limiting
the
generality
of
the
foregoing,
shall
have
the
following
powers:
Sec.
2323.
Section
99G.21,
subsection
2,
paragraphs
h,
i,
l,
p,
and
q,
Code
2023,
are
amended
by
striking
the
paragraphs.
Sec.
2324.
Section
99G.22,
subsections
1,
3,
4,
and
6,
Code
2023,
are
amended
to
read
as
follows:
1.
The
authority
department
shall
investigate
the
financial
responsibility,
security,
and
integrity
of
any
lottery
system
vendor
who
is
a
finalist
in
submitting
a
bid,
proposal,
or
offer
as
part
of
a
major
procurement
contract.
Before
a
major
procurement
contract
is
awarded,
the
division
of
criminal
investigation
of
the
department
of
public
safety
shall
conduct
a
background
investigation
of
the
vendor
to
whom
the
contract
is
to
be
awarded.
The
chief
executive
officer
and
board
administrator
shall
consult
with
the
division
of
criminal
Senate
File
514,
p.
1148
investigation
and
shall
provide
for
the
scope
of
the
background
investigation
and
due
diligence
to
be
conducted
in
connection
with
major
procurement
contracts.
At
the
time
of
submitting
a
bid,
proposal,
or
offer
to
the
authority
department
on
a
major
procurement
contract,
the
authority
shall
require
that
each
vendor
shall
be
required
to
submit
to
the
division
of
criminal
investigation
appropriate
investigation
authorization
to
facilitate
this
investigation,
together
with
an
advance
of
funds
to
meet
the
anticipated
investigation
costs.
If
the
division
of
criminal
investigation
determines
that
additional
funds
are
required
to
complete
an
investigation,
the
vendor
will
be
so
advised.
The
background
investigation
by
the
division
of
criminal
investigation
may
include
a
national
criminal
history
check
through
the
federal
bureau
of
investigation.
The
screening
of
vendors
or
their
employees
through
the
federal
bureau
of
investigation
shall
be
conducted
by
submission
of
fingerprints
through
the
state
criminal
history
repository
to
the
federal
bureau
of
investigation.
3.
A
major
procurement
contract
shall
not
be
entered
into
with
any
lottery
system
vendor
who
has
not
complied
with
the
disclosure
requirements
described
in
this
section
,
and
any
contract
with
such
a
vendor
is
voidable
at
the
option
of
the
authority
.
Any
contract
with
a
vendor
that
does
not
comply
with
the
requirements
for
periodically
updating
such
disclosures
during
the
tenure
of
the
contract
as
may
be
specified
in
such
contract
may
be
terminated
by
the
authority
.
The
provisions
of
this
section
shall
be
construed
broadly
and
liberally
to
achieve
the
ends
of
full
disclosure
of
all
information
necessary
to
allow
for
a
full
and
complete
evaluation
by
the
authority
department
of
the
competence,
integrity,
background,
and
character
of
vendors
for
major
procurements.
4.
A
major
procurement
contract
shall
not
be
entered
into
with
any
vendor
who
has
been
found
guilty
of
a
felony
related
to
the
security
or
integrity
of
the
lottery
in
this
or
any
other
jurisdiction.
6.
If,
based
on
the
results
of
a
background
investigation,
the
board
department
determines
that
the
best
interests
of
the
authority
department
,
including
but
not
limited
to
the
authority’s
department’s
reputation
for
integrity,
would
be
Senate
File
514,
p.
1149
served
thereby,
the
board
department
may
disqualify
a
potential
vendor
from
contracting
with
the
authority
department
for
a
major
procurement
contract
or
from
acting
as
a
subcontractor
in
connection
with
a
contract
for
a
major
procurement
contract.
Sec.
2325.
Section
99G.22,
subsection
5,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2326.
Section
99G.23,
Code
2023,
is
amended
to
read
as
follows:
99G.23
Vendor
bonding
,
and
tax
filing
,
and
competitive
bidding
.
1.
The
authority
may
purchase,
lease,
or
lease-purchase
such
goods
or
services
as
are
necessary
for
effectuating
the
purposes
of
this
chapter
.
The
authority
division
may
make
procurements
that
integrate
functions
such
as
lottery
game
design,
lottery
ticket
distribution
to
retailers,
supply
of
goods
and
services,
and
advertising.
In
all
procurement
decisions
under
this
chapter
,
the
authority
division
shall
take
into
account
the
particularly
sensitive
nature
of
the
lottery
and
shall
act
to
promote
and
ensure
security,
honesty,
fairness,
and
integrity
in
the
operation
and
administration
of
the
lottery
and
the
objectives
of
raising
net
proceeds
for
state
programs.
2.
Each
vendor
shall,
at
the
execution
of
the
contract
with
the
authority
division
,
post
a
performance
bond
or
letter
of
credit
from
a
bank
or
credit
provider
acceptable
to
the
authority
division
in
an
amount
as
deemed
necessary
by
the
authority
division
for
that
particular
bid
or
contract.
3.
Each
vendor
shall
be
qualified
to
do
business
in
this
state
and
shall
file
appropriate
tax
returns
as
provided
by
the
laws
of
this
state.
4.
All
major
procurement
contracts
must
be
competitively
bid
pursuant
to
policies
and
procedures
approved
by
the
board
unless
there
is
only
one
qualified
vendor
and
that
vendor
has
an
exclusive
right
to
offer
the
service
or
product.
Sec.
2327.
Section
99G.24,
Code
2023,
is
amended
to
read
as
follows:
99G.24
Retailer
compensation
——
licensing.
1.
The
general
assembly
recognizes
that
to
conduct
a
successful
lottery,
the
authority
department
must
develop
and
maintain
a
statewide
network
of
lottery
retailers
that
will
Senate
File
514,
p.
1150
serve
the
public
convenience
and
promote
the
sale
of
tickets
or
shares
and
the
playing
of
lottery
games
while
ensuring
the
integrity
of
the
lottery
operations,
games,
and
activities.
2.
The
board
shall
determine
the
compensation
to
be
paid
to
licensed
retailers.
Compensation
may
include
provision
for
variable
payments
based
on
sales
volume
or
incentive
considerations.
3.
The
authority
department
shall
issue
a
license
certificate
to
each
person
with
whom
it
contracts
as
a
retailer
for
purposes
of
display
as
provided
in
this
section
.
Every
lottery
retailer
shall
post
its
license
certificate,
or
a
facsimile
thereof,
and
keep
it
conspicuously
displayed
in
a
location
on
the
premises
accessible
to
the
public.
No
license
shall
be
assignable
or
transferable.
Once
issued,
a
license
shall
remain
in
effect
until
canceled,
suspended,
or
terminated
by
the
authority
department
.
4.
A
licensee
under
this
section
shall
cooperate
with
the
authority
department
by
using
point-of-purchase
materials,
posters,
and
other
marketing
material
when
requested
to
do
so
by
the
authority
department
.
Lack
of
cooperation
is
sufficient
cause
for
revocation
of
a
retailer’s
license.
5.
The
board
shall
develop
a
list
of
objective
criteria
upon
which
the
qualification
of
lottery
retailers
shall
be
based.
Separate
criteria
shall
be
developed
to
govern
the
selection
of
retailers
of
instant
tickets
and
on-line
retailers.
In
developing
these
criteria,
the
board
shall
consider
such
factors
as
the
applicant’s
financial
responsibility,
security
of
the
applicant’s
place
of
business
or
activity,
accessibility
to
the
public,
integrity,
and
reputation.
The
criteria
shall
include
but
not
be
limited
to
the
volume
of
expected
sales
and
the
sufficiency
of
existing
licensees
to
serve
the
public
convenience.
6.
The
applicant
shall
be
current
in
filing
all
applicable
tax
returns
to
the
state
of
Iowa
and
in
payment
of
all
taxes,
interest,
and
penalties
owed
to
the
state
of
Iowa,
excluding
items
under
formal
appeal
pursuant
to
applicable
statutes.
The
department
of
revenue
is
authorized
and
directed
to
provide
this
information
to
the
authority
those
employees
of
the
division
designated
to
receive
this
information
.
Senate
File
514,
p.
1151
7.
A
person,
partnership,
unincorporated
association,
authority,
or
other
business
entity
shall
not
be
selected
as
a
lottery
retailer
if
the
person
or
entity
meets
any
of
the
following
conditions:
a.
Has
been
convicted
of
a
criminal
offense
related
to
the
security
or
integrity
of
the
lottery
in
this
or
any
other
jurisdiction.
b.
Has
been
convicted
of
any
illegal
gambling
activity,
false
statements,
perjury,
fraud,
or
a
felony
in
this
or
any
other
jurisdiction.
c.
Has
been
found
to
have
violated
the
provisions
of
this
chapter
or
any
regulation,
policy,
or
procedure
of
the
authority
or
of
the
lottery
division
unless
either
ten
years
have
passed
since
the
violation
or
the
board
finds
the
violation
both
minor
and
unintentional
in
nature.
d.
Is
a
vendor
or
any
employee
or
agent
of
any
vendor
doing
business
with
the
authority
department
under
this
chapter
or
the
division
.
e.
Resides
in
the
same
household
as
an
officer
of
the
authority
division
.
f.
Is
less
than
eighteen
years
of
age.
g.
Does
not
demonstrate
financial
responsibility
sufficient
to
adequately
meet
the
requirements
of
the
proposed
enterprise.
h.
Has
not
demonstrated
that
the
applicant
is
the
true
owner
of
the
business
proposed
to
be
licensed
and
that
all
persons
holding
at
least
a
ten
percent
ownership
interest
in
the
applicant’s
business
have
been
disclosed.
i.
Has
knowingly
made
a
false
statement
of
material
fact
to
the
authority
department
.
8.
Persons
applying
to
become
lottery
retailers
may
be
charged
a
uniform
application
fee
for
each
lottery
outlet.
9.
Any
lottery
retailer
contract
executed
pursuant
to
this
section
may,
for
good
cause,
be
suspended,
revoked,
or
terminated
by
the
chief
executive
officer
director
or
the
chief
executive
officer’s
director’s
designee
if
the
retailer
is
found
to
have
violated
any
provision
of
this
chapter
or
objective
criteria
established
by
the
board.
Cause
for
suspension,
revocation,
or
termination
may
include,
but
is
not
limited
to,
sale
of
tickets
or
shares
to
a
person
under
the
Senate
File
514,
p.
1152
age
of
twenty-one
and
failure
to
pay
for
lottery
products
in
a
timely
manner.
Sec.
2328.
Section
99G.25,
Code
2023,
is
amended
to
read
as
follows:
99G.25
License
not
assignable.
Any
lottery
retailer
license
certificate
or
contract
shall
not
be
transferable
or
assignable.
The
authority
department
may
issue
a
temporary
license
when
deemed
in
the
best
interests
of
the
state.
A
lottery
retailer
shall
not
contract
with
any
person
for
lottery
goods
or
services,
except
with
the
approval
of
the
board.
Sec.
2329.
Section
99G.26,
Code
2023,
is
amended
to
read
as
follows:
99G.26
Retailer
bonding.
The
authority
department
may
require
any
retailer
to
post
an
appropriate
bond,
as
determined
by
the
authority
department
,
using
a
cash
bond
or
an
insurance
company
acceptable
to
the
authority
department
.
Sec.
2330.
Section
99G.27,
Code
2023,
is
amended
to
read
as
follows:
99G.27
Lottery
retail
licenses
——
cancellation,
suspension,
revocation,
or
termination.
1.
A
lottery
retail
license
issued
by
the
authority
department
pursuant
to
this
chapter
may
be
canceled,
suspended,
revoked,
or
terminated
by
the
authority
department
for
reasons
including
,
but
not
limited
to
,
any
of
the
following:
a.
A
violation
of
this
chapter
,
a
regulation,
or
a
policy
or
procedure
of
the
authority
division
.
b.
Failure
to
accurately
or
timely
account
or
pay
for
lottery
products,
lottery
games,
revenues,
or
prizes
as
required
by
the
authority
division
.
c.
Commission
of
any
fraud,
deceit,
or
misrepresentation.
d.
Insufficient
sales.
e.
Conduct
prejudicial
to
public
confidence
in
the
lottery.
f.
The
retailer
filing
for
or
being
placed
in
bankruptcy
or
receivership.
g.
Any
material
change
as
determined
in
the
sole
discretion
of
the
authority
department
in
any
matter
considered
by
the
authority
department
in
executing
the
contract
with
the
Senate
File
514,
p.
1153
retailer.
h.
Failure
to
meet
any
of
the
objective
criteria
established
by
the
authority
division
pursuant
to
this
chapter
.
i.
Other
conduct
likely
to
result
in
injury
to
the
property,
revenue,
or
reputation
of
the
authority
department
under
this
chapter
.
2.
A
lottery
retailer
license
may
be
temporarily
suspended
by
the
authority
department
without
prior
notice
if
the
chief
executive
officer
director
or
designee
determines
that
further
sales
by
the
licensed
retailer
are
likely
to
result
in
immediate
injury
to
the
property,
revenue,
or
reputation
of
the
authority
department
.
3.
The
board
shall
adopt
administrative
rules
governing
appeals
of
lottery
retailer
licensing
disputes.
Sec.
2331.
Section
99G.28,
Code
2023,
is
amended
to
read
as
follows:
99G.28
Proceeds
held
in
trust.
All
proceeds
from
the
sale
of
the
lottery
tickets
or
shares
shall
constitute
a
trust
fund
until
paid
to
the
authority
division
directly,
through
electronic
funds
transfer
to
the
authority
division
,
or
through
the
authority’s
division’s
authorized
collection
representative.
A
lottery
retailer
and
officers
of
a
lottery
retailer’s
business
shall
have
a
fiduciary
duty
to
preserve
and
account
for
lottery
proceeds
and
lottery
retailers
shall
be
personally
liable
for
all
proceeds.
Proceeds
shall
include
unsold
products
received
but
not
paid
for
by
a
lottery
retailer
and
cash
proceeds
of
the
sale
of
any
lottery
products
net
of
allowable
sales
commissions
and
credit
for
lottery
prizes
paid
to
winners
by
lottery
retailers.
Sales
proceeds
of
pull-tab
tickets
shall
include
the
sales
price
of
the
lottery
product
net
of
allowable
sales
commission
and
prizes
contained
in
the
product.
Sales
proceeds
and
unused
instant
tickets
shall
be
delivered
to
the
authority
division
or
its
authorized
collection
representative
upon
demand.
Sec.
2332.
Section
99G.29,
Code
2023,
is
amended
to
read
as
follows:
99G.29
Retailer
rental
calculations
——
lottery
ticket
sales
treatment.
If
a
lottery
retailer’s
rental
payments
for
the
business
Senate
File
514,
p.
1154
premises
are
contractually
computed,
in
whole
or
in
part,
on
the
basis
of
a
percentage
of
retail
sales
and
such
computation
of
retail
sales
is
not
explicitly
defined
to
include
sales
of
tickets
or
shares
in
a
state-operated
or
state-managed
lottery,
only
the
compensation
received
by
the
lottery
retailer
from
the
authority
department
may
be
considered
the
amount
of
the
lottery
retail
sale
for
purposes
of
computing
the
rental
payment.
Sec.
2333.
Section
99G.30,
Code
2023,
is
amended
to
read
as
follows:
99G.30
Ticket
sales
requirements
——
penalties.
1.
Lottery
tickets
or
shares
may
be
distributed
by
the
authority
division
for
promotional
purposes.
2.
A
ticket
or
share
shall
not
be
sold
at
a
price
other
than
that
fixed
by
the
authority
division
and
a
sale
shall
not
be
made
other
than
by
a
retailer
or
an
employee
of
the
retailer
who
is
authorized
by
the
retailer
to
sell
tickets
or
shares.
A
person
who
violates
a
provision
of
this
subsection
is
guilty
of
a
simple
misdemeanor.
3.
A
ticket
or
share
shall
not
be
sold
to
a
person
who
has
not
reached
the
age
of
twenty-one.
Any
person
who
knowingly
sells
a
lottery
ticket
or
share
to
a
person
under
the
age
of
twenty-one
shall
be
guilty
of
a
simple
misdemeanor.
It
shall
be
an
affirmative
defense
to
a
charge
of
a
violation
under
this
section
that
the
retailer
reasonably
and
in
good
faith
relied
upon
presentation
of
proof
of
age
in
making
the
sale.
A
prize
won
by
a
person
who
has
not
reached
the
age
of
twenty-one
but
who
purchases
a
winning
ticket
or
share
in
violation
of
this
subsection
shall
be
forfeited.
This
section
does
not
prohibit
the
lawful
purchase
of
a
ticket
or
share
for
the
purpose
of
making
a
gift
to
a
person
who
has
not
reached
the
age
of
twenty-one.
The
board
shall
adopt
administrative
rules
governing
the
payment
of
prizes
to
persons
who
have
not
reached
the
age
of
twenty-one.
4.
Except
for
the
authority
department
,
a
retailer
shall
only
sell
lottery
products
on
the
licensed
premises
and
not
through
the
mail
or
by
technological
means
except
as
the
authority
department
may
provide
or
authorize.
5.
The
retailer
may
accept
payment
by
cash,
check,
money
order,
debit
card,
or
electronic
funds
transfer.
The
retailer
Senate
File
514,
p.
1155
shall
not
extend
or
arrange
credit
for
the
purchase
of
a
ticket
or
share.
As
used
in
this
subsection
,
“cash”
means
United
States
currency.
6.
Nothing
in
this
chapter
shall
be
construed
to
prohibit
the
authority
department
from
designating
certain
of
its
agents
and
employees
to
sell
or
give
lottery
tickets
or
shares
directly
to
the
public.
7.
No
elected
official’s
name
shall
be
printed
on
tickets.
Sec.
2334.
Section
99G.31,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
The
chief
executive
officer
administrator
shall
award
the
designated
prize
to
the
holder
of
the
ticket
or
share
upon
presentation
of
the
winning
ticket
or
confirmation
of
a
winning
share.
The
prize
shall
be
given
to
only
one
person
as
provided
in
this
section
;
however,
a
prize
shall
be
divided
between
holders
of
winning
tickets
if
there
is
more
than
one
winning
ticket.
2.
The
authority
division
shall
only
pay
prizes
for
lottery
tickets
or
shares
that
the
authority
department
determines
were
legally
purchased,
legally
possessed,
and
legally
presented.
Sec.
2335.
Section
99G.31,
subsection
3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
authority
board
shall
adopt
administrative
rules,
policies,
and
procedures
to
establish
a
system
of
verifying
the
validity
of
tickets
or
shares
claimed
to
win
prizes
and
to
effect
payment
of
such
prizes,
subject
to
the
following
requirements:
Sec.
2336.
Section
99G.31,
subsection
3,
paragraphs
b,
d,
f,
g,
h,
and
i,
Code
2023,
are
amended
to
read
as
follows:
b.
A
prize
shall
not
be
paid
arising
from
claimed
tickets
that
are
stolen,
counterfeit,
altered,
fraudulent,
unissued,
produced
or
issued
in
error,
unreadable,
not
received,
or
not
recorded
by
the
authority
division
within
applicable
deadlines;
lacking
in
captions
that
conform
and
agree
with
the
play
symbols
as
appropriate
to
the
particular
lottery
game
involved;
or
not
in
compliance
with
such
additional
specific
administrative
rules,
policies,
and
public
or
confidential
validation
and
security
tests
of
the
authority
division
appropriate
to
the
particular
lottery
game
involved.
Senate
File
514,
p.
1156
d.
Unclaimed
prize
money
for
the
prize
on
a
winning
ticket
or
share
shall
be
retained
for
a
period
deemed
appropriate
by
the
chief
executive
officer
administrator
,
subject
to
approval
by
the
board.
If
a
valid
claim
is
not
made
for
the
money
within
the
applicable
period,
the
unclaimed
prize
money
shall
be
added
to
the
pool
from
which
future
prizes
are
to
be
awarded
or
used
for
special
prize
promotions.
Notwithstanding
this
subsection
,
the
disposition
of
unclaimed
prize
money
from
multijurisdictional
games
shall
be
made
in
accordance
with
the
rules
of
the
multijurisdictional
game.
f.
The
authority
division
is
discharged
of
all
liability
upon
payment
of
a
prize
pursuant
to
this
section
.
g.
No
ticket
or
share
issued
by
the
authority
division
shall
be
purchased
by
and
no
prize
shall
be
paid
to
any
member
of
the
board
of
directors;
any
officer
or
employee
of
the
authority
department
under
this
chapter
;
or
to
any
spouse,
child,
brother,
sister,
or
parent
residing
as
a
member
of
the
same
household
in
the
principal
place
of
residence
of
any
such
person.
h.
No
ticket
or
share
issued
by
the
authority
division
shall
be
purchased
by
and
no
prize
shall
be
paid
to
any
officer,
employee,
agent,
or
subcontractor
of
any
vendor
or
to
any
spouse,
child,
brother,
sister,
or
parent
residing
as
a
member
of
the
same
household
in
the
principal
place
of
residence
of
any
such
person
if
such
officer,
employee,
agent,
or
subcontractor
has
access
to
confidential
information
which
may
compromise
the
integrity
of
the
lottery.
i.
The
proceeds
of
any
lottery
prize
shall
be
subject
to
state
and
federal
income
tax
laws.
An
amount
deducted
from
the
prize
for
payment
of
a
state
tax,
pursuant
to
section
422.16,
subsection
1
,
shall
be
transferred
by
the
authority
to
the
department
of
revenue
on
behalf
of
the
prize
winner.
Sec.
2337.
Section
99G.32,
Code
2023,
is
amended
to
read
as
follows:
99G.32
Authority
Department
legal
representation
——
lottery
.
The
authority
department
shall
retain
the
services
of
legal
counsel
to
advise
the
authority
department
and
the
board
under
this
chapter
and
to
provide
representation
in
legal
proceedings.
The
authority
department
may
retain
the
attorney
general
or
a
full-time
assistant
attorney
general
in
that
Senate
File
514,
p.
1157
capacity
and
provide
reimbursement
for
the
cost
of
advising
and
representing
the
board
and
the
authority
department
.
Sec.
2338.
Section
99G.33,
Code
2023,
is
amended
to
read
as
follows:
99G.33
Law
enforcement
investigations.
The
department
of
public
safety,
division
of
criminal
investigation,
shall
be
the
primary
state
agency
responsible
for
investigating
criminal
violations
under
this
chapter
.
The
chief
executive
officer
director
shall
contract
with
the
department
of
public
safety
for
investigative
services,
including
the
employment
of
special
agents
and
support
personnel,
and
procurement
of
necessary
equipment
to
carry
out
the
responsibilities
of
the
division
of
criminal
investigation
under
the
terms
of
the
contract
and
this
chapter
.
Sec.
2339.
Section
99G.34,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
records
of
the
authority
department
under
this
chapter
shall
be
governed
by
the
provisions
of
chapter
22
,
provided
that,
in
addition
to
records
that
may
be
kept
confidential
pursuant
to
section
22.7
,
the
following
records
shall
be
kept
confidential,
unless
otherwise
ordered
by
a
court,
by
the
lawful
custodian
of
the
records,
or
by
another
person
duly
authorized
to
release
such
information:
Sec.
2340.
Section
99G.34,
subsections
1,
4,
and
7,
Code
2023,
are
amended
to
read
as
follows:
1.
Marketing
plans,
research
data,
and
proprietary
intellectual
property
owned
or
held
by
the
authority
department
for
purposes
of
this
chapter
under
contractual
agreements.
4.
Security
records
pertaining
to
investigations
and
intelligence-sharing
information
between
lottery
security
officers
and
those
of
other
lotteries
and
law
enforcement
agencies,
the
security
portions
or
segments
of
lottery
requests
for
proposals,
proposals
by
vendors
to
conduct
lottery
operations,
and
records
of
the
security
division
of
the
authority
department
under
this
chapter
pertaining
to
game
security
data,
ticket
validation
tests,
and
processes.
7.
Security
reports
and
other
information
concerning
bids
or
other
contractual
data,
the
disclosure
of
which
would
impair
the
efforts
of
the
authority
department
to
contract
for
goods
or
Senate
File
514,
p.
1158
services
on
favorable
terms
under
this
chapter
.
Sec.
2341.
Section
99G.35,
Code
2023,
is
amended
to
read
as
follows:
99G.35
Security.
1.
The
authority’s
department’s
chief
security
officer
and
investigators
under
this
chapter
shall
be
qualified
by
training
and
experience
in
law
enforcement
to
perform
their
respective
duties
in
support
of
the
activities
of
the
security
office.
The
chief
security
officer
and
investigators
shall
not
have
sworn
peace
officer
status.
The
lottery
security
office
shall
perform
all
of
the
following
activities
in
support
of
the
authority
mission
of
the
department
under
this
chapter
:
a.
Supervise
ticket
or
share
validation
and
lottery
drawings,
provided
that
the
authority
department
may
enter
into
cooperative
agreements
with
multijurisdictional
lottery
administrators
for
shared
security
services
at
drawings
and
game
show
events
involving
more
than
one
participating
lottery.
b.
Inspect
at
times
determined
solely
by
the
authority
department
the
facilities
of
any
vendor
or
lottery
retailer
in
order
to
determine
the
integrity
of
the
vendor’s
product
or
the
operations
of
the
retailer
in
order
to
determine
whether
the
vendor
or
the
retailer
is
in
compliance
with
its
contract.
c.
Report
any
suspected
violations
of
this
chapter
to
the
appropriate
county
attorney
or
the
attorney
general
and
to
any
law
enforcement
agencies
having
jurisdiction
over
the
violation.
d.
Upon
request,
provide
assistance
to
any
county
attorney,
the
attorney
general,
the
department
of
public
safety,
or
any
other
law
enforcement
agency.
e.
Upon
request,
provide
assistance
to
retailers
in
meeting
their
licensing
contract
requirements
and
in
detecting
retailer
employee
theft.
f.
Monitor
authority
division
operations
for
compliance
with
internal
security
requirements.
g.
Provide
physical
security
at
the
authority’s
central
operations
facilities
used
by
the
department
for
purposes
of
this
chapter
.
h.
Conduct
on-press
product
production
surveillance,
testing,
and
quality
approval
for
printed
scratch
and
pull-tab
Senate
File
514,
p.
1159
tickets.
i.
Coordinate
employee
and
retailer
background
investigations
conducted
by
the
department
of
public
safety,
division
of
criminal
investigation.
2.
The
authority
department
may
enter
into
intelligence-sharing,
reciprocal
use,
or
restricted
use
agreements
for
purposes
of
this
chapter
with
the
federal
government,
law
enforcement
agencies,
lottery
regulation
agencies,
and
gaming
enforcement
agencies
of
other
jurisdictions
which
provide
for
and
regulate
the
use
of
information
provided
and
received
pursuant
to
the
agreement.
3.
Records,
documents,
and
information
in
the
possession
of
the
authority
department
received
under
this
chapter
pursuant
to
an
intelligence-sharing,
reciprocal
use,
or
restricted
use
agreement
entered
into
by
the
authority
department
with
a
federal
department
or
agency,
any
law
enforcement
agency,
or
the
lottery
regulation
or
gaming
enforcement
agency
of
any
jurisdiction
shall
be
considered
investigative
records
of
a
law
enforcement
agency
and
are
not
subject
to
chapter
22
and
shall
not
be
released
under
any
condition
without
the
permission
of
the
person
or
agency
providing
the
record
or
information.
Sec.
2342.
Section
99G.36,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
No
person
shall
knowingly
or
intentionally
make
a
material
false
statement
in
any
lottery
prize
claim,
make
a
material
false
statement
in
any
application
for
a
license
or
proposal
to
conduct
lottery
activities,
or
make
a
material
false
entry
in
any
book
or
record
which
is
compiled
or
maintained
or
submitted
to
the
authority
or
the
board
department
pursuant
to
the
provisions
of
this
chapter
.
Any
person
who
violates
the
provisions
of
this
subsection
shall
be
guilty
of
a
class
“D”
felony.
Sec.
2343.
Section
99G.37,
Code
2023,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
99G.37
Competitive
bidding.
All
procurement
contracts
under
this
chapter
must
be
competitively
bid
in
accordance
with
chapter
8A,
subchapter
III,
part
2.
Procurement
contracts
shall
take
into
consideration
the
greatest
integrity
for
the
Iowa
lottery.
Senate
File
514,
p.
1160
In
any
bidding
process,
the
services
of
the
department
of
administrative
services
shall
be
utilized.
Sec.
2344.
Section
99G.38,
Code
2023,
is
amended
to
read
as
follows:
99G.38
Authority
Lottery
finance
——
self-sustaining.
1.
The
authority
department
may
borrow,
or
accept
and
expend,
in
accordance
with
the
provisions
of
this
chapter
,
such
moneys
as
may
be
received
from
any
source,
including
income
from
the
authority’s
department’s
operations,
for
effectuating
its
business
purposes
under
this
chapter
,
including
the
payment
of
the
initial
expenses
of
initiation,
administration,
and
operation
of
the
authority
department
under
this
chapter
and
the
lottery.
2.
The
authority
department
as
it
relates
to
the
lottery
shall
be
self-sustaining
and
self-funded.
Moneys
in
the
general
fund
of
the
state
shall
not
be
used
or
obligated
to
pay
the
expenses
of
the
authority
department
under
this
chapter
or
prizes
of
the
lottery,
and
no
claim
for
the
payment
of
an
expense
of
the
lottery
or
prizes
of
the
lottery
may
be
made
against
any
moneys
other
than
moneys
credited
to
the
authority
department
operating
account
pursuant
to
this
chapter
.
3.
The
state
of
Iowa
offset
program,
as
provided
in
section
8A.504
,
shall
be
available
to
the
authority
department
to
facilitate
receipt
of
funds
owed
to
the
authority
department
under
this
chapter
.
Sec.
2345.
Section
99G.39,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
Upon
receipt
of
any
revenue,
the
chief
executive
officer
director
shall
deposit
the
moneys
in
the
lottery
fund
created
pursuant
to
section
99G.40
.
At
least
fifty
percent
of
the
projected
annual
revenue
accruing
from
the
sale
of
tickets
or
shares
shall
be
allocated
for
payment
of
prizes
to
the
holders
of
winning
tickets.
After
the
payment
of
prizes,
the
expenses
of
conducting
the
lottery
shall
be
deducted
from
the
authority’s
department’s
revenue
under
this
chapter
prior
to
disbursement.
Expenses
for
advertising
production
and
media
purchases
shall
not
exceed
four
percent
of
the
authority’s
department’s
gross
revenue
under
this
chapter
for
the
year.
3.
Two
million
five
hundred
thousand
dollars
in
lottery
Senate
File
514,
p.
1161
revenues
shall
be
transferred
each
fiscal
year
to
the
veterans
trust
fund
established
pursuant
to
section
35A.13
prior
to
deposit
of
the
lottery
revenues
in
the
general
fund
pursuant
to
section
99G.40
.
However,
if
the
balance
of
the
veterans
trust
fund
is
fifty
million
dollars
or
more,
the
moneys
shall
be
appropriated
to
the
department
of
revenue
for
distribution
to
county
directors
of
veteran
affairs,
with
fifty
percent
of
the
moneys
to
be
distributed
equally
to
each
county
and
fifty
percent
of
the
moneys
to
be
distributed
to
each
county
based
upon
the
population
of
veterans
in
the
county,
so
long
as
the
moneys
distributed
to
a
county
do
not
supplant
moneys
appropriated
by
that
county
for
the
county
director
of
veteran
affairs.
Sec.
2346.
Section
99G.39,
subsection
6,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
treasurer
of
state
shall,
each
quarter,
prepare
an
estimate
of
the
gaming
revenues
and
lottery
revenues
that
will
become
available
during
the
remainder
of
the
appropriate
fiscal
year
for
the
purposes
described
in
paragraph
“a”
.
The
department
of
management
and
the
department
of
revenue
shall
take
appropriate
actions
to
provide
that
the
amount
of
gaming
revenues
and
lottery
revenues
that
will
be
available
during
the
remainder
of
the
appropriate
fiscal
year
is
sufficient
to
cover
any
anticipated
deficiencies.
Sec.
2347.
Section
99G.40,
Code
2023,
is
amended
to
read
as
follows:
99G.40
Audits
and
reports
——
lottery
fund.
1.
To
ensure
the
financial
integrity
of
the
lottery,
the
authority
department
shall
do
all
of
the
following:
a.
Submit
quarterly
and
annual
reports
to
the
governor,
state
auditor,
and
the
general
assembly
disclosing
the
total
lottery
revenues,
prize
disbursements,
and
other
expenses
of
the
authority
department
under
this
chapter
during
the
reporting
period.
The
fourth
quarter
report
shall
be
included
in
the
annual
report
made
pursuant
to
this
section
.
The
annual
report
shall
include
a
complete
statement
of
lottery
revenues,
prize
disbursements,
and
other
expenses,
and
recommendations
for
changes
in
the
law
that
the
chief
executive
officer
director
deems
necessary
or
desirable
for
purposes
of
this
chapter
.
The
Senate
File
514,
p.
1162
annual
report
shall
be
submitted
within
one
hundred
twenty
days
after
the
close
of
the
fiscal
year.
The
chief
executive
officer
director
shall
report
immediately
to
the
governor,
the
treasurer
of
state,
and
the
general
assembly
any
matters
that
require
immediate
changes
in
the
law
in
order
to
prevent
abuses
or
evasions
of
this
chapter
or
rules
adopted
or
to
rectify
undesirable
conditions
in
connection
with
the
administration
or
operation
of
the
lottery.
b.
Maintain
weekly
or
more
frequent
records
of
lottery
transactions,
including
the
distribution
of
tickets
or
shares
to
retailers,
revenues
received,
claims
for
prizes,
prizes
paid,
prizes
forfeited,
and
other
financial
transactions
of
the
authority
department
under
this
chapter
.
c.
The
authority
department
shall
deposit
in
the
lottery
fund
created
in
subsection
2
any
moneys
received
by
retailers
from
the
sale
of
tickets
or
shares
less
the
amount
of
any
compensation
due
the
retailers.
The
chief
executive
officer
director
may
require
licensees
to
file
with
the
authority
department
reports
of
receipts
and
transactions
in
the
sale
of
tickets
or
shares.
The
reports
shall
be
in
the
form
and
contain
the
information
the
chief
executive
officer
director
requires.
2.
A
lottery
fund
is
created
in
the
office
of
the
treasurer
of
state
and
shall
exist
as
the
recipient
fund
for
authority
department
receipts
under
this
chapter
.
The
fund
consists
of
all
revenues
received
from
the
sale
of
lottery
tickets
or
shares
and
all
other
moneys
lawfully
credited
or
transferred
to
the
fund.
The
chief
executive
officer
director
shall
certify
quarterly
that
portion
of
the
fund
that
has
been
transferred
to
the
general
fund
of
the
state
under
this
chapter
and
shall
cause
that
portion
to
be
transferred
to
the
general
fund
of
the
state.
However,
upon
the
request
of
the
chief
executive
officer
director
and
subject
to
the
approval
by
the
treasurer
of
state,
an
amount
sufficient
to
cover
the
foreseeable
administrative
expenses
of
the
lottery
for
a
period
of
twenty-one
days
may
be
retained
from
the
lottery
fund.
Prior
to
the
quarterly
transfer
to
the
general
fund
of
the
state,
the
chief
executive
officer
director
may
direct
that
lottery
revenue
shall
be
deposited
in
the
lottery
fund
and
in
interest-bearing
accounts
designated
by
the
treasurer
of
state.
Interest
or
earnings
paid
on
the
Senate
File
514,
p.
1163
deposits
or
investments
is
considered
lottery
revenue
and
shall
be
transferred
to
the
general
fund
of
the
state
in
the
same
manner
as
other
lottery
revenue.
3.
The
chief
executive
officer
director
shall
certify
before
the
last
day
of
the
month
following
each
quarter
that
portion
of
the
lottery
fund
resulting
from
the
previous
quarter’s
sales
to
be
transferred
to
the
general
fund
of
the
state.
4.
For
informational
purposes
only,
the
chief
executive
officer
shall
submit
to
the
department
of
management
by
October
1
of
each
year
a
proposed
operating
budget
for
the
authority
for
the
succeeding
fiscal
year.
This
budget
proposal
shall
also
be
accompanied
by
an
estimate
of
the
net
proceeds
to
be
deposited
into
the
general
fund
during
the
succeeding
fiscal
year.
This
budget
shall
be
on
forms
prescribed
by
the
department
of
management.
A
copy
of
the
information
required
to
be
submitted
to
the
department
of
management
pursuant
to
this
subsection
shall
be
submitted
to
the
general
assembly’s
standing
committees
on
government
oversight
and
the
legislative
services
agency
by
October
1
of
each
year.
5.
4.
The
authority
shall
adopt
the
same
fiscal
year
as
that
used
by
state
government
and
activities
of
the
division
shall
be
audited
annually
as
part
of
the
audit
of
the
department
by
the
auditor
of
state
or
a
certified
public
accounting
firm
appointed
by
the
auditor.
The
auditor
of
state
or
a
designee
conducting
an
audit
of
the
activities
of
the
division
under
this
chapter
shall
have
access
and
authority
to
examine
any
and
all
records
of
licensees
necessary
to
determine
compliance
with
this
chapter
and
the
rules
adopted
pursuant
to
this
chapter
.
The
cost
of
audits
and
examinations
conducted
by
the
auditor
of
state
or
a
designee
shall
be
paid
for
by
the
authority
as
provided
in
chapter
11
.
Sec.
2348.
Section
99G.41,
Code
2023,
is
amended
to
read
as
follows:
99G.41
Prize
offsets
——
garnishments.
1.
Any
claimant
agency
may
submit
to
the
authority
department
a
list
of
the
names
of
all
persons
indebted
to
such
claimant
agency
or
to
persons
on
whose
behalf
the
claimant
agency
is
acting.
The
full
amount
of
the
debt
shall
be
collectible
from
any
lottery
winnings
due
the
debtor
without
Senate
File
514,
p.
1164
regard
to
limitations
on
the
amounts
that
may
be
collectible
in
increments
through
garnishment
or
other
proceedings.
Such
list
shall
constitute
a
valid
lien
upon
and
claim
of
lien
against
the
lottery
winnings
of
any
debtor
named
in
such
list.
The
list
shall
contain
the
names
of
the
debtors,
their
social
security
numbers
if
available,
and
any
other
information
that
assists
the
authority
department
in
identifying
the
debtors
named
in
the
list.
2.
The
authority
department
is
authorized
and
directed
to
withhold
any
winnings
paid
out
directly
by
the
authority
department
subject
to
the
lien
created
by
this
section
and
send
notice
to
the
winner.
However,
if
the
winner
appears
and
claims
winnings
in
person,
the
authority
department
shall
notify
the
winner
at
that
time
by
hand
delivery
of
such
action.
The
authority
department
shall
pay
the
funds
over
to
the
agency
administering
the
offset
program.
3.
Notwithstanding
the
provisions
of
section
99G.34
which
prohibit
disclosure
by
the
authority
department
of
certain
portions
of
the
contents
of
prize
winner
records
or
information,
and
notwithstanding
any
other
confidentiality
statute,
the
authority
department
may
provide
to
a
claimant
agency
all
information
necessary
to
accomplish
and
effectuate
the
intent
of
this
section
.
4.
The
information
obtained
by
a
claimant
agency
from
the
authority
department
in
accordance
with
this
section
shall
retain
its
confidentiality
and
shall
only
be
used
by
a
claimant
agency
in
the
pursuit
of
its
debt
collection
duties
and
practices.
Any
employee
or
prior
employee
of
any
claimant
agency
who
unlawfully
discloses
any
such
information
for
any
other
purpose,
except
as
otherwise
specifically
authorized
by
law,
shall
be
subject
to
the
same
penalties
specified
by
law
for
unauthorized
disclosure
of
confidential
information
by
an
agent
or
employee
of
the
authority
department
under
this
chapter
.
5.
Except
as
otherwise
provided
in
this
chapter
,
attachments,
garnishments,
or
executions
authorized
and
issued
pursuant
to
law
shall
be
withheld
if
timely
served
upon
the
authority
department
.
6.
The
provisions
of
this
section
shall
only
apply
to
prizes
paid
directly
by
the
authority
department
and
shall
not
apply
to
Senate
File
514,
p.
1165
any
retailers
authorized
by
the
board
department
to
pay
prizes
of
up
to
six
hundred
dollars
after
deducting
the
price
of
the
ticket
or
share.
Sec.
2349.
Section
99G.42,
Code
2023,
is
amended
to
read
as
follows:
99G.42
Compulsive
gamblers
——
treatment
program
information.
The
authority
department
shall
cooperate
with
the
gambling
treatment
program
administered
by
the
Iowa
department
of
public
health
and
human
services
to
incorporate
information
regarding
the
gambling
treatment
program
and
its
toll-free
telephone
number
in
printed
materials
distributed
by
the
authority
department
pursuant
to
this
chapter
.
Sec.
2350.
IOWA
LOTTERY
——
TRANSITION
PROVISIONS.
1.
For
purposes
of
this
section,
unless
the
context
otherwise
requires:
a.
“Department”
means
the
department
of
revenue.
b.
“Iowa
lottery
authority”
means
the
Iowa
lottery
authority
established
pursuant
to
2003
Iowa
Acts,
chapter
178,
section
66.
2.
The
department
shall
be
the
legal
successor
to
the
Iowa
lottery
authority
and,
as
such,
shall
assume
all
rights,
privileges,
obligations,
and
responsibilities
of
the
Iowa
lottery
authority.
The
promulgated
rules
of
the
Iowa
lottery
authority
shall
remain
in
full
force
and
effect
as
the
rules
of
the
department
until
amended
or
repealed
by
the
department.
In
addition,
the
department
may
continue
the
security
practices
and
procedures
utilized
by
the
Iowa
lottery
authority
until
amended
or
repealed
by
the
department.
3.
At
12:01
a.m.
on
July
1,
2023,
the
department
shall
become
the
legal
successor
to
the
Iowa
lottery
authority.
4.
Personnel
of
the
Iowa
lottery
authority
employed
on
July
1,
2023,
shall
transition
to
the
department
as
department
employees
under
chapter
99G.
The
chief
executive
officer
of
the
Iowa
lottery
authority
on
July
1,
2023,
shall
be
the
lottery
administrator,
as
provided
in
this
Act,
on
that
date
without
the
requirement
to
be
reappointed
by
the
governor.
5.
The
department
shall
function
as
the
legal
successor
to
the
Iowa
lottery
authority
and
shall
assume
all
of
the
assets
and
obligations
of
the
Iowa
lottery
authority,
and
funds
of
the
state
shall
not
be
used
or
obligated
to
pay
the
expenses
or
Senate
File
514,
p.
1166
prizes
of
the
department
or
its
predecessor,
the
Iowa
lottery
authority.
6.
In
order
to
effect
an
immediate
and
efficient
transition
of
the
lottery
from
the
Iowa
lottery
authority
to
the
department,
as
soon
as
practicable,
the
department
shall
do
all
of
the
following:
a.
Take
such
steps
and
enter
into
such
agreements
as
the
director
of
the
department
may
determine
are
necessary
and
proper
in
order
to
effect
the
transfer,
assignment,
and
delivery
to
the
department
from
the
Iowa
lottery
authority
of
all
the
tangible
and
intangible
assets
constituting
the
lottery,
including
the
exclusive
right
to
operate
the
lottery
and
the
assignment
to
and
assumption
by
the
department
of
all
agreements,
covenants,
and
obligations
of
the
Iowa
lottery
authority
and
other
agencies
of
the
state,
relating
to
the
operation
and
management
of
the
lottery.
b.
Receive
as
transferee
from
the
Iowa
lottery
authority
all
of
the
tangible
and
intangible
assets
constituting
the
lottery
including,
without
limitation,
the
exclusive
authorization
to
operate
a
lottery
in
the
state
of
Iowa
and
ownership
of
annuities
and
bonds
purchased
prior
to
the
date
of
transfer
and
held
in
the
name
of
the
Iowa
lottery
for
payment
of
lottery
prizes,
and
shall
assume
and
discharge
all
of
the
agreements,
covenants,
and
obligations
of
the
Iowa
lottery
authority
entered
into
and
constituting
part
of
the
operation
and
management
of
the
lottery.
In
consideration
for
such
transfer
and
assumption,
the
department
shall
transfer
to
the
state
all
net
profits
of
the
department
under
chapter
99G,
at
such
times
and
subject
to
such
financial
transfer
requirements
as
are
provided
in
this
division
of
this
Act.
ALCOHOLIC
BEVERAGE
CONTROL
Sec.
2351.
Section
123.3,
subsections
1
and
19,
Code
2023,
are
amended
by
striking
the
subsections.
Sec.
2352.
Section
123.3,
Code
2023,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
16A.
“Department”
means
the
department
of
revenue.
NEW
SUBSECTION
.
17A.
“Director”
means
the
director
of
the
department
of
revenue
or
the
director’s
designee.
Senate
File
514,
p.
1167
Sec.
2353.
Section
123.3,
subsections
6,
14,
16,
26,
29,
30,
and
38,
Code
2023,
are
amended
to
read
as
follows:
6.
“Application”
means
a
written
request
for
the
issuance
of
a
permit,
license,
or
certificate
that
is
supported
by
a
verified
statement
of
facts
and
submitted
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
.
14.
“Commercial
establishment”
means
a
place
of
business
which
is
at
all
times
equipped
with
sufficient
tables
and
seats
to
accommodate
twenty-five
persons
at
one
time,
and
the
licensed
premises
of
which
conform
to
the
standards
and
specifications
of
the
division
department
.
16.
“Completed
application”
means
an
application
where
all
necessary
fees
have
been
paid
in
full,
any
required
bonds
have
been
submitted,
the
applicant
has
provided
all
information
requested
by
the
division
department
,
and
the
application
meets
the
requirements
of
section
123.92,
subsection
2
,
if
applicable.
26.
The
terms
“in
accordance
with
the
provisions
of
this
chapter
”
,
“pursuant
to
the
provisions
of
this
title”
,
or
similar
terms
shall
include
all
rules
and
regulations
of
the
division
department
adopted
to
aid
in
the
administration
or
enforcement
of
those
provisions.
29.
“Licensed
premises”
or
“premises”
means
all
rooms,
enclosures,
contiguous
areas,
or
places
susceptible
of
precise
description
satisfactory
to
the
administrator
director
where
alcoholic
beverages,
wine,
or
beer
is
sold
or
consumed
under
authority
of
a
retail
alcohol
license,
wine
permit,
or
beer
permit.
A
single
licensed
premises
may
consist
of
multiple
rooms,
enclosures,
areas,
or
places
if
they
are
wholly
within
the
confines
of
a
single
building
or
contiguous
grounds.
30.
“Local
authority”
means
the
city
council
of
any
incorporated
city
in
this
state,
or
the
county
board
of
supervisors
of
any
county
in
this
state,
which
is
empowered
by
this
chapter
to
approve
or
deny
applications
for
retail
alcohol
licenses;
empowered
to
recommend
that
such
licenses
be
granted
and
issued
by
the
division
department
;
and
empowered
to
take
other
actions
reserved
to
them
by
this
chapter
.
38.
“Permit”
or
“license”
means
an
express
written
authorization
issued
by
the
division
department
for
the
Senate
File
514,
p.
1168
manufacture
or
sale,
or
both,
of
alcoholic
liquor,
wine,
or
beer.
Sec.
2354.
Section
123.3,
subsection
40,
paragraphs
a
and
d,
Code
2023,
are
amended
to
read
as
follows:
a.
The
person
has
such
financial
standing
and
good
reputation
as
will
satisfy
the
administrator
director
that
the
person
will
comply
with
this
chapter
and
all
laws,
ordinances,
and
regulations
applicable
to
the
person’s
operations
under
this
chapter
.
However,
the
administrator
director
shall
not
require
the
person
to
post
a
bond
to
meet
the
requirements
of
this
paragraph.
d.
The
person
has
not
been
convicted
of
a
felony.
However,
if
the
person’s
conviction
of
a
felony
occurred
more
than
five
years
before
the
date
of
the
application
for
a
license
or
permit,
and
if
the
person’s
rights
of
citizenship
have
been
restored
by
the
governor,
the
administrator
director
may
determine
that
the
person
is
of
good
moral
character
notwithstanding
such
conviction.
Sec.
2355.
Section
123.4,
Code
2023,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
123.4
Alcoholic
beverage
control.
The
department
of
revenue
shall
administer
and
enforce
the
laws
of
this
state
concerning
alcoholic
beverage
control.
Sec.
2356.
Section
123.5,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
An
alcoholic
beverages
commission
is
created
within
the
division
department
.
The
commission
is
composed
of
five
members,
not
more
than
three
of
whom
shall
belong
to
the
same
political
party.
Sec.
2357.
Section
123.6,
Code
2023,
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
administrator
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
Senate
File
514,
p.
1169
the
commission
members
shall
constitute
a
quorum.
Sec.
2358.
Section
123.7,
Code
2023,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
123.7
Duties
of
director.
The
director
shall
supervise
the
daily
operations
of
the
department
under
this
chapter
and
shall
execute
the
alcoholic
beverage
control
policies
of
the
department.
Sec.
2359.
Section
123.8,
Code
2023,
is
amended
to
read
as
follows:
123.8
Duties
of
commission
and
administrator
.
1.
The
commission,
in
addition
to
the
duties
specifically
enumerated
in
this
chapter
,
shall
act
as
a
division
policy-making
body
under
this
chapter
and
serve
in
an
advisory
capacity
to
the
administrator
director
and
department
.
The
administrator
shall
supervise
the
daily
operations
of
the
division
and
shall
execute
the
policies
of
the
division
as
determined
by
the
commission.
2.
The
commission
may
review
and
affirm,
reverse,
or
amend
all
actions
of
the
administrator
director
under
this
chapter
,
including
but
not
limited
to
the
following
instances:
a.
Purchases
of
alcoholic
liquor
for
resale
by
the
division
department
.
b.
The
establishment
of
wholesale
prices
of
alcoholic
liquor.
Sec.
2360.
Section
123.9,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
administrator
director
,
in
executing
divisional
the
alcoholic
beverage
control
functions
of
the
department
,
shall
have
the
following
duties
and
powers:
Sec.
2361.
Section
123.9,
subsections
1,
4,
and
7,
Code
2023,
are
amended
to
read
as
follows:
1.
To
receive
alcoholic
liquors
on
a
bailment
system
for
resale
by
the
division
department
in
the
manner
set
forth
in
this
chapter
.
4.
To
appoint
clerks,
agents,
or
other
employees
required
for
carrying
out
the
provisions
of
this
chapter
;
to
dismiss
employees
for
cause;
to
assign
employees
to
divisions
and
bureaus
as
created
by
the
administrator
director
within
the
division
department
;
and
to
designate
their
title,
duties,
and
Senate
File
514,
p.
1170
powers.
All
employees
of
the
division
department
for
purposes
of
this
chapter
are
subject
to
chapter
8A,
subchapter
IV
,
unless
exempt
under
section
8A.412
.
7.
To
accept
alcoholic
liquors
ordered
delivered
to
the
alcoholic
beverages
division
department
pursuant
to
chapter
809A
,
and
offer
for
sale
and
deliver
the
alcoholic
liquors
to
class
“E”
retail
alcohol
licensees,
unless
the
administrator
director
determines
that
the
alcoholic
liquors
may
be
adulterated
or
contaminated.
If
the
administrator
director
determines
that
the
alcoholic
liquors
may
be
adulterated
or
contaminated,
the
administrator
director
shall
order
their
destruction.
Sec.
2362.
Section
123.10,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
administrator
director
,
with
the
approval
of
the
commission
and
subject
to
chapter
17A
,
may
adopt
rules
as
necessary
to
carry
out
this
chapter
.
The
administrator’s
director’s
authority
under
this
chapter
extends
to,
but
is
not
limited
to,
the
following:
Sec.
2363.
Section
123.10,
subsections
1,
6,
14,
and
15,
Code
2023,
are
amended
to
read
as
follows:
1.
Prescribing
the
duties
of
officers,
clerks,
agents,
or
other
employees
of
the
division
department
under
this
chapter
and
regulating
their
conduct
while
in
the
discharge
of
their
duties.
6.
Providing
for
the
issuance
and
electronic
distribution
of
price
lists
which
show
the
price
to
be
paid
by
class
“E”
retail
alcohol
licensees
for
each
brand,
class,
or
variety
of
liquor
kept
for
sale
by
the
division
department
,
providing
for
the
filing
or
posting
of
prices
charged
in
sales
between
class
“A”
beer
and
class
“A”
wine
permit
holders
and
retailers,
as
provided
in
this
chapter
,
and
establishing
or
controlling
the
prices
based
on
minimum
standards
of
fill,
quantity,
or
alcoholic
content
for
each
individual
sale
of
alcoholic
beverages
as
deemed
necessary
for
retail
or
consumer
protection.
However,
the
division
department
shall
not
regulate
markups,
prices,
discounts,
allowances,
or
other
terms
of
sale
at
which
alcoholic
liquor
may
be
purchased
by
the
retail
public
or
retail
alcohol
licensees
from
class
“E”
retail
alcohol
Senate
File
514,
p.
1171
licensees
or
at
which
wine
may
be
purchased
and
sold
by
class
“A”
and
retail
wine
permittees,
or
change,
nullify,
or
vary
the
terms
of
an
agreement
between
a
holder
of
a
vintner
certificate
of
compliance
and
a
class
“A”
wine
permittee.
14.
Prescribing
the
uniform
fee
to
be
assessed
against
a
retail
alcohol
licensee,
except
a
class
“B”,
special
class
“B”,
or
class
“E”
retail
alcohol
licensee,
to
cover
the
administrative
costs
incurred
by
the
division
department
resulting
from
the
failure
of
the
licensee
to
maintain
dramshop
liability
insurance
coverage
pursuant
to
section
123.92,
subsection
2
,
paragraph
“a”
.
15.
Prescribing
the
uniform
fee,
not
to
exceed
one
hundred
dollars,
to
be
assessed
against
a
licensee
or
permittee
under
this
chapter
for
a
contested
case
hearing
conducted
by
the
division
department
or
by
an
administrative
law
judge
from
the
department
of
inspections
and
appeals
which
results
in
administrative
action
taken
against
the
licensee
or
permittee
by
the
division
department
.
Sec.
2364.
Section
123.11,
Code
2023,
is
amended
to
read
as
follows:
123.11
Compensation
and
expenses.
Members
of
the
commission,
the
administrator
director
,
and
other
employees
of
the
division
department
shall
be
allowed
their
actual
and
necessary
expenses
while
traveling
on
business
of
the
division
department
under
this
chapter
outside
of
their
place
of
residence,
however,
an
itemized
account
of
such
expenses
shall
be
verified
by
the
claimant
and
approved
by
the
administrator
director
.
If
such
account
is
paid,
the
same
shall
be
filed
with
the
division
department
and
be
and
remain
a
part
of
its
permanent
records.
Each
member
appointed
to
the
commission
is
entitled
to
receive
reimbursement
of
actual
expenses
incurred
while
attending
meetings.
Each
member
of
the
commission
may
also
be
eligible
to
receive
compensation
as
provided
in
section
7E.6
.
All
expenses
and
salaries
of
commission
members,
the
administrator
director
,
and
other
employees
shall
be
paid
from
appropriations
for
such
purposes
and
the
division
department
shall
be
subject
to
the
budget
requirements
of
chapter
8
.
Sec.
2365.
Section
123.12,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
1172
follows:
123.12
Exemption
from
suit.
No
A
commission
member
or
officer
or
employee
of
the
division
department
shall
not
be
personally
liable
for
damages
sustained
by
any
person
due
to
the
act
of
such
member,
officer,
or
employee
performed
in
the
reasonable
discharge
of
the
member’s,
officer’s,
or
employee’s
duties
as
enumerated
in
this
chapter
.
Sec.
2366.
Section
123.13,
Code
2023,
is
amended
to
read
as
follows:
123.13
Prohibitions
on
commission
members
and
employees.
1.
Commission
members,
officers,
and
employees
of
the
division
department
under
this
chapter
shall
not,
while
holding
such
office
or
position,
do
any
of
the
following:
a.
Hold
any
other
office
or
position
under
the
laws
of
this
state,
or
any
other
state
or
territory
or
of
the
United
States.
b.
Engage
in
any
occupation,
business,
endeavor,
or
activity
which
would
or
does
conflict
with
their
duties
under
this
chapter
.
c.
Directly
or
indirectly,
use
their
office
or
employment
to
influence,
persuade,
or
induce
any
other
officer,
employee,
or
person
to
adopt
their
political
views
or
to
favor
any
particular
candidate
for
an
elective
or
appointive
public
office.
d.
Directly
or
indirectly,
solicit
or
accept,
in
any
manner
or
way,
any
money
or
other
thing
of
value
for
any
person
seeking
an
elective
or
appointive
public
office,
or
to
any
political
party
or
any
group
of
persons
seeking
to
become
a
political
party.
2.
Except
as
provided
in
section
123.5,
subsection
3
,
a
commission
member
or
division
department
employee
under
this
chapter
shall
not,
directly
or
indirectly,
individually,
or
as
a
member
of
a
partnership
or
shareholder
in
a
corporation,
have
any
interest
in
dealing
in
or
in
the
manufacture
of
alcoholic
liquor,
wine,
or
beer,
and
shall
not
receive
any
kind
of
profit
nor
have
any
interest
in
the
purchase
or
sale
of
alcoholic
liquor,
wine,
or
beer
by
persons
so
authorized
under
this
chapter
.
However,
this
subsection
does
not
prohibit
any
member
or
employee
from
lawfully
purchasing
and
keeping
alcoholic
liquor,
wine,
or
beer
in
the
member’s
or
employee’s
possession
for
personal
use.
Senate
File
514,
p.
1173
3.
Any
officer
or
employee
violating
this
section
or
any
other
provisions
of
this
chapter
shall,
in
addition
to
any
other
penalties
provided
by
law,
be
subject
to
suspension
or
discharge
from
employment.
Any
commission
member
shall,
in
addition
to
any
other
penalties
provided
by
law,
be
subject
to
removal
from
office
as
provided
by
chapter
66
.
Sec.
2367.
Section
123.14,
Code
2023,
is
amended
to
read
as
follows:
123.14
Alcoholic
beverage
control
law
enforcement.
1.
The
department
of
public
safety
is
the
primary
alcoholic
beverage
control
law
enforcement
authority
for
this
state.
2.
The
county
attorney,
the
county
sheriff
and
the
sheriff’s
deputies,
and
the
police
department
of
every
city,
and
the
alcoholic
beverages
division
of
the
department
of
commerce
,
shall
be
supplementary
aids
to
the
department
of
public
safety
for
purposes
of
alcoholic
beverage
control
law
enforcement
.
Any
neglect,
misfeasance,
or
malfeasance
shown
by
any
peace
officer
included
in
this
section
shall
be
sufficient
cause
for
the
peace
officer’s
removal
as
provided
by
law.
This
section
shall
not
be
construed
to
affect
the
duties
and
responsibilities
of
any
county
attorney
or
peace
officer
with
respect
to
law
enforcement.
3.
The
department
of
public
safety
shall
have
full
access
to
all
records,
reports,
audits,
tax
reports
and
all
other
documents
and
papers
in
the
alcoholic
beverages
division
department
pertaining
to
liquor
licensees
and
wine
and
beer
permittees
and
their
business.
Sec.
2368.
Section
123.16,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
commission
department
shall
cause
to
be
prepared
an
annual
report
to
the
governor
of
the
state,
ending
with
June
30
of
each
fiscal
year,
on
the
operation
and
financial
position
of
the
division
department
under
this
chapter
for
the
preceding
fiscal
year.
The
report
shall
include
but
is
not
limited
to
the
following
information:
Sec.
2369.
Section
123.16,
subsections
1
and
7,
Code
2023,
are
amended
to
read
as
follows:
1.
Amount
of
profit
or
loss
from
division
department
operations
under
this
chapter
.
Senate
File
514,
p.
1174
7.
Amount
of
fees
paid
to
the
division
department
from
retail
alcohol
licenses,
wine
permits,
and
beer
permits,
in
gross,
and
the
amount
of
retail
alcohol
license
fees
returned
to
local
subdivisions
of
government
as
provided
under
this
chapter
.
Sec.
2370.
Section
123.17,
Code
2023,
is
amended
to
read
as
follows:
123.17
Beer
and
liquor
control
fund
——
allocations
to
substance
abuse
programs
——
use
of
civil
penalties.
1.
There
shall
be
established
within
the
office
of
the
treasurer
of
state
a
fund
to
be
known
as
the
beer
and
liquor
control
fund.
The
fund
shall
consist
of
any
moneys
appropriated
by
the
general
assembly
for
deposit
in
the
fund
and
moneys
received
from
the
sale
of
alcoholic
liquors
by
the
division
department
,
from
the
issuance
of
permits
and
licenses,
and
of
moneys
and
receipts
received
by
the
division
department
from
any
other
source
under
this
chapter
.
2.
a.
The
director
of
the
department
of
administrative
services
shall
periodically
transfer
from
the
beer
and
liquor
control
fund
to
the
general
fund
of
the
state
those
revenues
of
the
division
department
which
are
not
necessary
for
the
purchase
of
liquor
for
resale
by
the
division
department
,
or
for
remittances
to
local
authorities
or
other
sources
as
required
by
this
chapter
,
or
for
other
obligations
and
expenses
of
the
division
department
which
are
paid
from
such
fund.
b.
All
moneys
received
by
the
division
department
from
the
issuance
of
vintner’s
certificates
of
compliance
and
wine
permits
shall
be
transferred
by
the
director
of
the
department
of
administrative
services
to
the
general
fund
of
the
state.
3.
Notwithstanding
subsection
2
,
if
gaming
revenues
under
sections
99D.17
and
99F.11
are
insufficient
in
a
fiscal
year
to
meet
the
total
amount
of
such
revenues
directed
to
be
deposited
in
the
revenue
bonds
debt
service
fund
and
the
revenue
bonds
federal
subsidy
holdback
fund
during
the
fiscal
year
pursuant
to
section
8.57,
subsection
5
,
paragraph
“e”
,
the
difference
shall
be
paid
from
moneys
deposited
in
the
beer
and
liquor
control
fund
prior
to
transfer
of
such
moneys
to
the
general
fund
pursuant
to
subsection
2
and
prior
to
the
transfer
of
such
moneys
pursuant
to
subsections
5
and
6
.
If
moneys
deposited
in
Senate
File
514,
p.
1175
the
beer
and
liquor
control
fund
are
insufficient
during
the
fiscal
year
to
pay
the
difference,
the
remaining
difference
shall
be
paid
from
moneys
deposited
in
the
beer
and
liquor
control
fund
in
subsequent
fiscal
years
as
such
moneys
become
available.
4.
The
treasurer
of
state
shall,
each
quarter,
prepare
an
estimate
of
the
gaming
revenues
and
of
the
moneys
to
be
deposited
in
the
beer
and
liquor
control
fund
that
will
become
available
during
the
remainder
of
the
appropriate
fiscal
year
for
the
purposes
described
in
subsection
3
.
The
department
of
management,
the
department
of
inspections
and
appeals,
and
the
department
of
commerce
shall
take
appropriate
actions
to
provide
that
the
sum
of
the
amount
of
gaming
revenues
available
to
be
deposited
into
the
revenue
bonds
debt
service
fund
and
the
revenue
bonds
federal
subsidy
holdback
fund
during
a
fiscal
year
and
the
amount
of
moneys
to
be
deposited
in
the
beer
and
liquor
control
fund
available
to
be
deposited
into
the
revenue
bonds
debt
service
fund
and
the
revenue
bonds
federal
subsidy
holdback
fund
during
such
fiscal
year
will
be
sufficient
to
cover
any
anticipated
deficiencies.
5.
After
any
transfer
provided
for
in
subsection
3
is
made,
the
department
of
commerce
shall
transfer
into
a
special
revenue
account
in
the
general
fund
of
the
state,
a
sum
of
money
at
least
equal
to
seven
percent
of
the
gross
amount
of
sales
made
by
the
division
department
from
the
beer
and
liquor
control
fund
on
a
monthly
basis
but
not
less
than
nine
million
dollars
annually.
Of
the
amounts
transferred,
two
million
dollars,
plus
an
additional
amount
determined
by
the
general
assembly,
shall
be
appropriated
to
the
Iowa
department
of
public
health
for
use
by
the
staff
who
administer
the
comprehensive
substance
abuse
program
under
chapter
125
for
substance
abuse
treatment
and
prevention
programs.
Any
amounts
received
in
excess
of
the
amounts
appropriated
to
the
Iowa
department
of
public
health
for
use
by
the
staff
who
administer
the
comprehensive
substance
abuse
program
under
chapter
125
shall
be
considered
part
of
the
general
fund
balance.
6.
After
any
transfers
provided
for
in
subsections
3
and
5
,
the
department
of
commerce
shall
receive
a
transfer
to
the
division
from
the
beer
and
liquor
control
fund
and
before
any
Senate
File
514,
p.
1176
other
transfer
to
the
general
fund,
an
amount
sufficient
to
pay
the
costs
incurred
by
the
division
department
for
collecting
and
properly
disposing
of
the
liquor
containers.
7.
After
any
transfers
provided
for
in
subsections
3,
5,
and
6
,
and
before
any
other
transfer
to
the
general
fund,
the
department
of
commerce
shall
transfer
to
the
economic
development
authority
from
the
beer
and
liquor
control
fund
two
million
dollars
annually
for
statewide
tourism
marketing
services
and
efforts
pursuant
to
section
15.275
.
8.
After
any
transfers
provided
for
in
subsections
3,
5,
6,
and
7
,
and
before
any
other
transfer
to
the
general
fund,
the
department
of
commerce
shall
transfer
from
the
beer
and
liquor
control
fund
one
million
dollars
to
the
Iowa
department
of
public
health
for
distribution
pursuant
to
section
125.59
.
9.
Civil
penalties
imposed
and
collected
by
the
division
department
under
this
chapter
shall
be
credited
to
the
general
fund
of
the
state.
The
moneys
from
the
civil
penalties
shall
be
used
by
the
division
department
,
subject
to
appropriation
by
the
general
assembly,
for
the
purposes
of
providing
educational
programs,
information
and
publications
for
alcoholic
beverage
licensees
and
permittees,
local
authorities,
and
law
enforcement
agencies
regarding
the
laws
and
rules
which
govern
the
alcoholic
beverages
industry,
and
for
promoting
compliance
with
alcoholic
beverage
laws
and
rules.
Sec.
2371.
Section
123.18,
Code
2023,
is
amended
to
read
as
follows:
123.18
Appropriations.
Division
Department
appropriations
for
purposes
of
this
chapter
shall
be
paid
by
the
treasurer
of
state
upon
the
orders
of
the
administrator
director
,
in
such
amounts
and
at
such
times
as
the
administrator
director
deems
necessary
to
carry
on
operations
in
accordance
with
the
terms
of
this
chapter
.
Sec.
2372.
Section
123.22,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
division
department
has
the
exclusive
right
of
importation
into
the
state
of
all
forms
of
alcoholic
liquor,
except
as
otherwise
provided
in
this
chapter
,
and
a
person
shall
not
import
alcoholic
liquor,
except
that
an
individual
of
legal
age
may
import
and
have
in
the
individual’s
possession
Senate
File
514,
p.
1177
an
amount
of
alcoholic
liquor
not
exceeding
nine
liters
per
calendar
month
that
the
individual
personally
obtained
outside
the
state.
Alcoholic
liquor
imported
by
an
individual
pursuant
to
this
subsection
shall
be
for
personal
consumption
only
in
a
private
home
or
other
private
accommodation.
A
distillery
shall
not
sell
alcoholic
liquor
within
the
state
to
any
person
but
only
to
the
division
department
,
except
as
otherwise
provided
in
this
chapter
.
This
section
vests
in
the
division
department
exclusive
control
within
the
state
as
purchaser
of
all
alcoholic
liquor
sold
by
distilleries
within
the
state
or
imported,
except
beer
and
wine,
and
except
as
otherwise
provided
in
this
chapter
.
The
division
department
shall
receive
alcoholic
liquor
on
a
bailment
system
for
resale
by
the
division
department
in
the
manner
set
forth
in
this
chapter
.
The
division
department
shall
act
as
the
sole
wholesaler
of
alcoholic
liquor
to
class
“E”
retail
alcohol
licensees.
Sec.
2373.
Section
123.23,
subsections
1,
2,
3,
and
5,
Code
2023,
are
amended
to
read
as
follows:
1.
Any
manufacturer,
distiller,
or
importer
of
alcoholic
liquors
shipping,
selling,
or
having
alcoholic
liquors
brought
into
this
state
for
resale
by
the
state
shall,
as
a
condition
precedent
to
the
privilege
of
so
trafficking
in
alcoholic
liquors
in
this
state,
annually
make
application
for
and
hold
a
distiller’s
certificate
of
compliance
which
shall
be
issued
by
the
administrator
director
for
that
purpose.
No
brand
of
alcoholic
liquor
shall
be
sold
by
the
division
department
in
this
state
unless
the
manufacturer,
distiller,
importer,
and
all
other
persons
participating
in
the
distribution
of
that
brand
in
this
state
have
obtained
a
certificate.
The
certificate
of
compliance
shall
expire
at
the
end
of
one
year
from
the
date
of
issuance
and
shall
be
renewed
for
a
like
period
upon
application
to
the
administrator
director
unless
otherwise
suspended
or
revoked
for
cause.
Each
completed
application
for
a
certificate
of
compliance
or
renewal
shall
be
submitted
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
and
shall
be
accompanied
by
a
fee
of
two
hundred
dollars
payable
to
the
division
department
.
However,
this
subsection
need
not
apply
to
a
manufacturer,
distiller,
or
importer
who
ships
or
sells
in
this
state
no
more
than
eleven
Senate
File
514,
p.
1178
gallons
or
its
case
equivalent
during
any
fiscal
year
as
a
result
of
“special
orders”
which
might
be
placed,
as
defined
and
allowed
by
divisional
departmental
rules
adopted
under
this
chapter
.
2.
At
the
time
of
applying
for
a
certificate
of
compliance,
each
applicant
shall
submit
to
the
division
department
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
the
name
and
address
of
its
authorized
agent
for
service
of
process
which
shall
remain
effective
until
changed
for
another,
and
a
list
of
names
and
addresses
of
all
representatives,
employees,
or
attorneys
whom
the
applicant
has
appointed
in
the
state
of
Iowa
to
represent
it
for
any
purpose.
The
listing
shall
be
amended
by
the
certificate
holder
as
necessary
to
keep
the
listing
current
with
the
division
department
.
3.
The
administrator
director
and
the
attorney
general
are
authorized
to
require
any
certificate
holder
or
person
listed
as
the
certificate
holder’s
representative,
employee,
or
attorney
to
disclose
such
financial
and
other
records
and
transactions
as
may
be
considered
relevant
in
discovering
violations
of
this
chapter
or
of
rules
and
regulations
of
the
division
department
under
this
chapter
or
of
any
other
provision
of
law
by
any
person.
5.
This
section
shall
not
require
the
listing
of
those
persons
who
are
employed
on
premises
where
alcoholic
liquors
are
manufactured,
processed,
bottled,
or
packaged
in
Iowa
or
persons
who
are
thereafter
engaged
in
the
transporting
of
such
alcoholic
liquors
to
the
division
department
.
Sec.
2374.
Section
123.24,
Code
2023,
is
amended
to
read
as
follows:
123.24
Alcoholic
liquor
sales
by
the
division
department
——
dishonored
payments
——
liquor
prices.
1.
The
division
department
shall
sell
alcoholic
liquor
at
wholesale
only.
The
division
department
shall
sell
alcoholic
liquor
to
class
“E”
retail
alcohol
licensees
only.
The
division
department
shall
offer
the
same
price
on
alcoholic
liquor
to
all
class
“E”
retail
alcohol
licensees
without
regard
for
the
quantity
of
purchase
or
the
distance
for
delivery.
2.
The
price
of
alcoholic
liquor
sold
by
the
division
Senate
File
514,
p.
1179
department
shall
consist
of
the
following:
a.
The
manufacturer’s
price.
b.
A
markup
of
up
to
fifty
percent
of
the
wholesale
price
paid
by
the
division
department
for
the
alcoholic
liquor.
The
division
department
may
increase
the
markup
on
selected
kinds
of
alcoholic
liquor
sold
by
the
division
department
if
the
average
return
to
the
division
department
on
all
sales
of
alcoholic
liquor
does
not
exceed
the
wholesale
price
paid
by
the
division
department
and
the
fifty
percent
markup.
c.
A
split
case
charge
in
an
amount
determined
by
the
division
department
when
alcoholic
liquor
is
sold
in
quantities
which
require
a
case
to
be
split.
d.
A
bottle
surcharge
in
an
amount
sufficient,
when
added
to
the
amount
not
refunded
to
class
“E”
retail
alcohol
licensees
pursuant
to
section
455C.2
,
to
pay
the
costs
incurred
by
the
division
department
for
collecting
and
properly
disposing
of
the
liquor
containers.
The
amount
collected
pursuant
to
this
paragraph,
in
addition
to
any
amounts
not
refunded
to
class
“E”
retail
alcohol
licensees
pursuant
to
section
455C.2
,
shall
be
deposited
in
the
beer
and
liquor
control
fund
established
under
section
123.17
.
3.
a.
The
division
department
may
accept
from
a
class
“E”
retail
alcohol
licensee
electronic
funds
transferred
by
automated
clearing
house,
wire
transfer,
or
another
method
deemed
acceptable
by
the
administrator
director
,
in
payment
of
alcoholic
liquor.
If
a
payment
is
subsequently
dishonored,
the
division
department
shall
cause
a
notice
of
nonpayment
and
penalty
to
be
served
upon
the
class
“E”
retail
alcohol
licensee
or
upon
any
person
in
charge
of
the
licensed
premises.
The
notice
shall
state
that
if
payment
or
satisfaction
for
the
dishonored
payment
is
not
made
within
ten
days
of
the
service
of
notice,
the
licensee’s
retail
alcohol
license
may
be
suspended
under
section
123.39
.
The
notice
of
nonpayment
and
penalty
shall
be
in
a
form
prescribed
by
the
administrator
director
,
and
shall
be
sent
by
certified
mail.
b.
If
upon
notice
and
hearing
under
section
123.39
and
pursuant
to
the
provisions
of
chapter
17A
concerning
a
contested
case
hearing,
the
administrator
director
determines
that
the
class
“E”
retail
alcohol
licensee
failed
to
satisfy
the
Senate
File
514,
p.
1180
obligation
for
which
the
payment
was
issued
within
ten
days
after
the
notice
of
nonpayment
and
penalty
was
served
on
the
licensee
as
provided
in
paragraph
“a”
of
this
subsection
,
the
administrator
director
may
suspend
the
licensee’s
class
“E”
retail
alcohol
license
for
a
period
not
to
exceed
ten
days.
4.
The
administrator
director
may
refuse
to
sell
alcoholic
liquor
to
a
class
“E”
retail
alcohol
licensee
who
tenders
a
payment
which
is
subsequently
dishonored
until
the
outstanding
obligation
is
satisfied.
Sec.
2375.
Section
123.25,
Code
2023,
is
amended
to
read
as
follows:
123.25
Consumption
on
premises.
An
officer,
clerk,
agent,
or
employee
of
the
division
department
employed
in
a
state-owned
warehouse
under
this
chapter
shall
not
allow
any
alcoholic
beverage
to
be
consumed
on
the
premises,
nor
shall
a
person
consume
any
alcoholic
liquor
on
the
premises
except
for
testing
or
sampling
purposes
only.
Sec.
2376.
Section
123.26,
Code
2023,
is
amended
to
read
as
follows:
123.26
Restrictions
on
sales
——
seals
——
labeling.
Alcoholic
liquor
shall
not
be
sold
by
a
class
“E”
retail
alcohol
licensee
except
in
a
sealed
container
with
identifying
markers
as
prescribed
by
the
administrator
director
and
affixed
in
the
manner
prescribed
by
the
administrator
director
,
and
no
such
container
shall
be
opened
upon
the
premises
of
a
state
warehouse.
The
division
department
shall
cooperate
with
the
department
of
natural
resources
so
that
only
one
identifying
marker
or
mark
is
needed
to
satisfy
the
requirements
of
this
section
and
section
455C.5,
subsection
1
.
Possession
of
alcoholic
liquors
which
do
not
carry
the
prescribed
identifying
markers
is
a
violation
of
this
chapter
except
as
provided
in
section
123.22
.
Sec.
2377.
Section
123.27,
Code
2023,
is
amended
to
read
as
follows:
123.27
Sales
and
deliveries
prohibited.
It
is
unlawful
to
transact
the
sale
or
delivery
of
alcoholic
liquor
in,
on,
or
from
the
premises
of
a
state
warehouse:
1.
After
the
closing
hour
as
established
by
the
administrator
director
.
Senate
File
514,
p.
1181
2.
On
any
legal
holiday
except
those
designated
by
the
administrator
director
.
3.
During
other
periods
or
days
as
designated
by
the
administrator
director
.
Sec.
2378.
Section
123.28,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
It
is
lawful
to
transport,
carry,
or
convey
alcoholic
liquors
from
the
place
of
purchase
by
the
division
department
to
a
state
warehouse
or
depot
established
by
the
division
department
or
from
one
such
place
to
another
and,
when
so
permitted
by
this
chapter
,
it
is
lawful
for
the
division
department
,
a
common
carrier,
or
other
person
to
transport,
carry,
or
convey
alcoholic
liquor
sold
from
a
state
warehouse,
depot,
or
point
of
purchase
by
the
state
to
any
place
to
which
the
liquor
may
be
lawfully
delivered
under
this
chapter
.
2.
The
division
department
shall
deliver
alcoholic
liquor
purchased
by
class
“E”
retail
alcohol
licensees.
Class
“E”
retail
alcohol
licensees
may
deliver
alcoholic
liquor
purchased
by
class
“C”,
class
“D”,
or
class
“F”
retail
alcohol
licensees,
and
class
“C”,
class
“D”,
or
class
“F”
retail
alcohol
licensees
may
transport
alcoholic
liquor
purchased
from
class
“E”
retail
alcohol
licensees.
Sec.
2379.
Section
123.29,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
This
chapter
does
not
prohibit
the
sale
of
patent
and
proprietary
medicines,
tinctures,
food
products,
extracts,
toiletries,
perfumes,
and
similar
products,
which
are
not
susceptible
of
use
as
a
beverage,
but
which
contain
alcoholic
liquor,
wine,
or
beer
as
one
of
their
ingredients.
These
products
may
be
sold
through
ordinary
wholesale
and
retail
businesses
without
a
license
or
permit
issued
by
the
division
department
.
Sec.
2380.
Section
123.30,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
a.
A
retail
alcohol
license
may
be
issued
to
any
person
who
is
of
good
moral
character
as
defined
by
this
chapter
.
b.
As
a
condition
for
issuance
of
a
retail
alcohol
license
or
wine
or
beer
permit,
the
applicant
must
give
consent
to
members
of
the
fire,
police,
and
health
departments
Senate
File
514,
p.
1182
and
the
building
inspector
of
cities;
the
county
sheriff
or
deputy
sheriff;
members
of
the
department
of
public
safety;
representatives
of
the
division
department
and
of
the
department
of
inspections
and
appeals;
certified
police
officers;
and
any
official
county
health
officer
to
enter
upon
areas
of
the
premises
where
alcoholic
beverages
are
stored,
served,
or
sold,
without
a
warrant
during
business
hours
of
the
licensee
or
permittee
to
inspect
for
violations
of
this
chapter
or
ordinances
and
regulations
that
cities
and
boards
of
supervisors
may
adopt.
However,
a
subpoena
issued
under
section
421.17
or
a
warrant
is
required
for
inspection
of
private
records,
a
private
business
office,
or
attached
living
quarters.
Persons
who
are
not
certified
peace
officers
shall
limit
the
scope
of
their
inspections
of
licensed
premises
to
the
regulatory
authority
under
which
the
inspection
is
conducted.
All
persons
who
enter
upon
a
licensed
premises
to
conduct
an
inspection
shall
present
appropriate
identification
to
the
owner
of
the
establishment
or
the
person
who
appears
to
be
in
charge
of
the
establishment
prior
to
commencing
an
inspection;
however,
this
provision
does
not
apply
to
undercover
criminal
investigations
conducted
by
peace
officers.
c.
As
a
further
condition
for
the
issuance
of
a
class
“E”
retail
alcohol
license,
the
applicant
shall
post
a
bond
in
a
sum
of
not
less
than
five
thousand
nor
more
than
fifteen
thousand
dollars
as
determined
on
a
sliding
scale
established
by
the
division
department
;
however,
a
bond
shall
not
be
required
if
all
purchases
of
alcoholic
liquor
from
the
division
department
by
the
licensee
are
made
by
means
that
ensure
that
the
division
department
will
receive
full
payment
in
advance
of
delivery
of
the
alcoholic
liquor.
d.
A
class
“E”
retail
alcohol
license
may
be
issued
to
a
city
council
for
premises
located
within
the
limits
of
the
city
if
there
are
no
class
“E”
retail
alcohol
licensees
operating
within
the
limits
of
the
city
and
no
other
applications
for
a
class
“E”
license
for
premises
located
within
the
limits
of
the
city
at
the
time
the
city
council’s
application
is
filed.
If
a
class
“E”
retail
alcohol
license
is
subsequently
issued
to
a
private
person
for
premises
located
within
the
limits
of
the
city,
the
city
council
shall
surrender
its
license
to
the
Senate
File
514,
p.
1183
division
department
within
one
year
of
the
date
that
the
class
“E”
retail
alcohol
licensee
begins
operating,
liquidate
any
remaining
assets
connected
with
the
liquor
store,
and
cease
operating
the
liquor
store.
2.
A
retail
alcohol
license
shall
not
be
issued
for
premises
which
do
not
constitute
a
safe
and
proper
place
or
building
and
which
do
not
conform
to
all
applicable
laws,
ordinances,
resolutions,
and
health
and
fire
regulations.
A
licensee
shall
not
have
or
maintain
any
interior
access
to
residential
or
sleeping
quarters
unless
permission
is
granted
by
the
administrator
director
in
the
form
of
a
living
quarters
permit.
Sec.
2381.
Section
123.30,
subsection
3,
paragraph
d,
subparagraphs
(1)
and
(5),
Code
2023,
are
amended
to
read
as
follows:
(1)
A
class
“E”
retail
alcohol
license
may
be
issued
and
shall
authorize
the
holder
to
purchase
alcoholic
liquor
in
original
unopened
containers
from
the
division
department
only,
wine
from
a
class
“A”
wine
permittee
only,
and
beer
from
a
class
“A”
beer
permittee
only;
to
sell
alcoholic
liquor,
wine,
and
beer
in
original
unopened
containers
at
retail
to
patrons
for
consumption
off
the
licensed
premises;
and
to
sell
alcoholic
liquor
and
high
alcoholic
content
beer
at
wholesale
to
other
retail
alcohol
licensees,
provided
the
holder
has
filed
with
the
division
department
a
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury.
(5)
The
division
department
may
issue
a
class
“E”
retail
alcohol
license
for
premises
covered
by
a
retail
alcohol
license
for
on-premises
consumption
under
any
of
the
following
circumstances:
(a)
If
the
premises
are
in
a
county
having
a
population
under
nine
thousand
five
hundred
in
which
no
other
class
“E”
retail
alcohol
license
has
been
issued
by
the
division
department
,
and
no
other
application
for
a
class
“E”
retail
alcohol
license
has
been
made
within
the
previous
twelve
consecutive
months.
(b)
If,
notwithstanding
any
provision
of
this
chapter
to
the
contrary,
the
premises
covered
by
a
retail
alcohol
license
is
a
grocery
store
that
is
at
least
five
thousand
square
feet.
Senate
File
514,
p.
1184
Sec.
2382.
Section
123.31,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
person
applying
for
a
retail
alcohol
license
shall
submit
a
completed
application
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
which
shall
set
forth
under
oath
the
following:
Sec.
2383.
Section
123.31,
subsection
1,
paragraphs
e
and
g,
Code
2023,
are
amended
to
read
as
follows:
e.
When
required
by
the
administrator
director
,
and
in
such
form
and
containing
such
information
as
the
administrator
director
may
require,
a
description
of
the
premises
where
the
applicant
intends
to
use
the
license,
to
include
a
sketch
or
drawing
of
the
premises
and,
if
applicable,
the
number
of
square
feet
of
interior
floor
space
which
comprises
the
retail
sales
area
of
the
premises.
g.
Any
other
information
as
required
by
the
administrator
director
.
Sec.
2384.
Section
123.31,
subsection
2,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
That
the
premises
where
the
applicant
intends
to
use
the
license
conforms
to
all
applicable
laws,
health
regulations,
and
fire
regulations,
and
constitutes
a
safe
and
proper
place
or
building
and
that
the
applicant
shall
not
have
or
maintain
any
interior
access
to
residential
or
sleeping
quarters
unless
permission
is
granted
by
the
administrator
director
in
the
form
of
a
living
quarters
permit.
Sec.
2385.
Section
123.31A,
subsection
3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Subject
to
the
rules
of
the
division
department
,
sales
made
pursuant
to
this
section
may
be
made
in
a
container
other
than
the
original
container
only
if
all
of
the
following
requirements
are
met:
Sec.
2386.
Section
123.31A,
subsection
3,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
The
container
to
be
sold
shall
be
securely
sealed
by
a
method
authorized
by
the
division
department
that
is
designed
so
that
if
the
sealed
container
is
reopened
or
the
seal
tampered
with,
it
is
visibly
apparent
that
the
seal
on
the
container
of
beer
or
wine
has
been
tampered
with
or
the
sealed
container
has
Senate
File
514,
p.
1185
otherwise
been
reopened.
Sec.
2387.
Section
123.31A,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
A
container
of
beer
or
wine
other
than
the
original
container
that
is
sold
and
sealed
in
compliance
with
the
requirements
of
subsection
3
and
the
division’s
department’s
rules
shall
not
be
deemed
an
open
container
subject
to
the
requirements
of
sections
321.284
and
321.284A
if
the
sealed
container
is
unopened
and
the
seal
has
not
been
tampered
with,
and
the
contents
of
the
container
have
not
been
partially
removed.
Sec.
2388.
Section
123.32,
subsection
1,
paragraph
b,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
completed
application
for
a
class
“D”
retail
alcohol
license
and
for
any
of
the
following
certificates,
licenses,
or
permits
shall
be
submitted
to
the
division
department
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
which
shall
proceed
in
the
same
manner
as
in
the
case
of
an
application
approved
by
local
authorities:
Sec.
2389.
Section
123.32,
subsections
2,
6,
7,
8,
and
9,
Code
2023,
are
amended
to
read
as
follows:
2.
Action
by
local
authorities.
The
local
authority
shall
either
approve
or
disapprove
the
issuance
of
a
retail
alcohol
license,
shall
endorse
its
approval
or
disapproval
on
the
application,
and
shall
forward
the
application
with
the
necessary
fee
and
bond,
if
required,
to
the
division
department
.
There
is
no
limit
upon
the
number
of
retail
alcohol
licenses
which
may
be
approved
for
issuance
by
local
authorities.
6.
Action
by
administrator
director
.
a.
Upon
receipt
of
an
application
having
been
disapproved
by
the
local
authority,
the
administrator
director
shall
notify
the
applicant
that
the
applicant
may
appeal
the
disapproval
of
the
application
to
the
administrator
director
.
The
applicant
shall
be
notified
by
certified
mail
or
personal
service,
and
the
application,
the
fee,
and
any
bond
shall
be
returned
to
the
applicant.
b.
Upon
receipt
of
an
application
having
been
approved
by
the
local
authority,
the
division
department
shall
make
an
Senate
File
514,
p.
1186
investigation
as
the
administrator
director
deems
necessary
to
determine
that
the
applicant
complies
with
all
requirements
for
holding
a
license,
and
may
require
the
applicant
to
appear
to
be
examined
under
oath
to
demonstrate
that
the
applicant
complies
with
all
of
the
requirements
to
hold
a
license.
If
the
administrator
director
requires
the
applicant
to
appear
and
to
testify
under
oath,
a
record
shall
be
made
of
all
testimony
or
evidence
and
the
record
shall
become
a
part
of
the
application.
The
administrator
director
may
appoint
a
member
of
the
division
department
or
may
request
an
administrative
law
judge
of
the
department
of
inspections
and
appeals
to
receive
the
testimony
under
oath
and
evidence,
and
to
issue
a
proposed
decision
to
approve
or
disapprove
the
application
for
a
license.
The
administrator
director
may
affirm,
reverse,
or
modify
the
proposed
decision
to
approve
or
disapprove
the
application
for
the
license.
If
the
application
is
approved
by
the
administrator
director
,
the
license
shall
be
issued.
If
the
application
is
disapproved
by
the
administrator
director
,
the
applicant
shall
be
so
notified
by
certified
mail
or
personal
service
and
the
appropriate
local
authority
shall
be
notified
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
.
7.
Appeal
to
administrator
director
.
An
applicant
for
a
retail
alcohol
license
may
appeal
from
the
local
authority’s
disapproval
of
an
application
for
a
license
or
permit
to
the
administrator
director
.
In
the
appeal
the
applicant
shall
be
allowed
the
opportunity
to
demonstrate
in
an
evidentiary
hearing
conducted
pursuant
to
chapter
17A
that
the
applicant
complies
with
all
of
the
requirements
for
holding
the
license
or
permit.
The
administrator
director
may
appoint
a
member
of
the
division
department
or
may
request
an
administrative
law
judge
from
the
department
of
inspections
and
appeals
to
conduct
the
evidentiary
hearing
and
to
render
a
proposed
decision
to
approve
or
disapprove
the
issuance
of
the
license
or
permit.
The
administrator
director
may
affirm,
reverse,
or
modify
the
proposed
decision.
If
the
administrator
director
determines
that
the
applicant
complies
with
all
of
the
requirements
for
holding
a
license
or
permit,
the
administrator
director
shall
order
the
issuance
of
the
license
or
permit.
If
the
Senate
File
514,
p.
1187
administrator
director
determines
that
the
applicant
does
not
comply
with
the
requirements
for
holding
a
license
or
permit,
the
administrator
director
shall
disapprove
the
issuance
of
the
license
or
permit.
8.
Judicial
review.
The
applicant
or
the
local
authority
may
seek
judicial
review
of
the
action
of
the
administrator
director
in
accordance
with
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
.
Notwithstanding
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
,
petitions
for
judicial
review
may
be
filed
in
the
district
court
of
the
county
where
the
premises
covered
by
the
application
are
situated.
9.
Suspension
by
local
authority.
A
retail
alcohol
licensee
whose
license
has
been
suspended
or
revoked
or
a
civil
penalty
imposed
by
a
local
authority
for
a
violation
of
this
chapter
or
suspended
by
a
local
authority
for
violation
of
a
local
ordinance
may
appeal
the
suspension,
revocation,
or
civil
penalty
to
the
administrator
director
.
The
administrator
director
may
appoint
a
member
of
the
division
department
or
may
request
an
administrative
law
judge
from
the
department
of
inspections
and
appeals
to
hear
the
appeal
which
shall
be
conducted
in
accordance
with
chapter
17A
and
to
issue
a
proposed
decision.
The
administrator
director
may
review
the
proposed
decision
upon
the
motion
of
a
party
to
the
appeal
or
upon
the
administrator’s
director’s
own
motion
in
accordance
with
chapter
17A
.
Upon
review
of
the
proposed
decision,
the
administrator
director
may
affirm,
reverse,
or
modify
the
proposed
decision.
A
retail
alcohol
licensee
or
a
local
authority
aggrieved
by
a
decision
of
the
administrator
director
may
seek
judicial
review
of
the
decision
pursuant
to
chapter
17A
.
Sec.
2390.
Section
123.33,
Code
2023,
is
amended
to
read
as
follows:
123.33
Records.
Every
holder
of
a
license
or
permit
under
this
chapter
shall
maintain
records,
in
printed
or
electronic
format,
which
include
income
statements,
balance
sheets,
purchase
and
sales
invoices,
purchase
and
sales
ledgers,
and
any
other
records
as
the
administrator
director
may
require.
The
records
required
and
the
premises
of
the
licensee
or
permittee
shall
be
Senate
File
514,
p.
1188
accessible
and
open
to
inspection
pursuant
to
section
123.30,
subsection
1
,
during
normal
business
hours
of
the
licensee
or
permittee.
Sec.
2391.
Section
123.34,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
administrator
director
may
issue
eight-month
seasonal
class
“C”,
special
class
“C”,
class
“D”,
and
class
“F”
retail
alcohol
licenses.
Sec.
2392.
Section
123.34,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
administrator
director
may
issue
fourteen-day
class
“C”,
special
class
“C”,
class
“D”,
and
class
“F”
retail
alcohol
licenses.
Sec.
2393.
Section
123.34,
subsection
3,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
administrator
director
may
issue
five-day
class
“C”,
special
class
“C”,
class
“D”,
and
class
“F”
retail
alcohol
licenses.
Sec.
2394.
Section
123.35,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Notwithstanding
section
123.31
and
any
other
provision
of
this
chapter
to
the
contrary,
a
class
“E”
retail
alcohol
license
shall
automatically
renew
without
the
endorsement
of
a
local
authority
or
approval
by
the
administrator
director
upon
collection
of
the
annual
fee
by
the
division
department
,
provided
all
of
the
following
conditions
are
met
since
the
preceding
license
was
issued:
Sec.
2395.
Section
123.35,
subsection
2,
paragraphs
a,
e,
and
h,
Code
2023,
are
amended
to
read
as
follows:
a.
The
licensee
has
given
written
consent
to
the
division
department
to
have
the
license
automatically
renewed
as
provided
in
this
section
.
e.
The
licensee
has
not
submitted
payment
for
alcoholic
liquor
to
the
division
department
that
was
subsequently
dishonored.
h.
A
local
authority
has
not
notified
the
division
department
,
in
a
manner
established
by
the
division
department
and
made
available
to
local
authorities,
that
automatic
renewal
should
not
occur
and
that
further
review
of
the
licensee
by
Senate
File
514,
p.
1189
the
division
department
and
the
applicable
local
authority
is
warranted.
Sec.
2396.
Section
123.35,
subsection
3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Notwithstanding
sections
123.23
,
123.135
,
123.180
,
and
any
other
provision
of
this
chapter
to
the
contrary,
a
distiller’s,
brewer’s,
or
vintner’s
certificate
of
compliance
shall
automatically
renew
without
approval
by
the
administrator
director
upon
collection
of
the
annual
fee
by
the
division
department
,
provided
all
of
the
following
conditions
are
met
since
the
preceding
certificate
was
issued:
Sec.
2397.
Section
123.35,
subsection
3,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
certificate
holder
has
given
written
consent
to
the
division
department
to
have
the
certificate
automatically
renewed
as
provided
in
this
section
.
Sec.
2398.
Section
123.35,
subsection
4,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Notwithstanding
section
123.187
and
any
other
provision
of
this
chapter
to
the
contrary,
a
wine
direct
shipper’s
permit
shall
automatically
renew
without
approval
by
the
administrator
director
upon
collection
of
the
annual
fee
by
the
division
department
,
provided
all
of
the
following
conditions
are
met
since
the
preceding
permit
was
issued:
Sec.
2399.
Section
123.35,
subsection
4,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
permittee
has
given
written
consent
to
the
division
department
to
have
the
permit
automatically
renewed
as
provided
in
this
section
.
Sec.
2400.
Section
123.36,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
following
fees
shall
be
paid
to
the
division
department
annually
for
retail
alcohol
licenses
issued
under
section
123.30:
Sec.
2401.
Section
123.36,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
division
department
shall
credit
all
fees
to
the
beer
and
liquor
control
fund.
The
division
department
shall
remit
to
the
appropriate
local
authority
a
sum
equal
to
sixty-five
Senate
File
514,
p.
1190
percent
of
the
fees
collected
for
each
class
“B”,
class
“C”,
or
class
“F”
license
except
special
class
“C”
licenses
or
class
“E”
licenses,
covering
premises
located
within
the
local
authority’s
jurisdiction.
The
division
department
shall
remit
to
the
appropriate
local
authority
a
sum
equal
to
seventy-five
percent
of
the
fees
collected
for
each
special
class
“C”
license
covering
premises
located
within
the
local
authority’s
jurisdiction.
Those
fees
collected
for
each
class
“E”
retail
alcohol
license
shall
be
credited
to
the
beer
and
liquor
control
fund.
Sec.
2402.
Section
123.37,
subsections
2,
3,
and
4,
Code
2023,
are
amended
to
read
as
follows:
2.
The
administrator
director
may
compromise
and
settle
doubtful
and
disputed
claims
for
taxes
imposed
under
this
chapter
or
for
taxes
of
doubtful
collectibility,
notwithstanding
section
7D.9
.
The
administrator
director
may
enter
into
informal
settlements
pursuant
to
section
17A.10
to
compromise
and
settle
doubtful
and
disputed
claims
for
taxes
imposed
under
this
chapter
.
The
administrator
director
may
make
a
claim
under
a
licensee’s
or
permittee’s
penal
bond
for
taxes
of
doubtful
collectibility.
Whenever
a
compromise
or
settlement
is
made,
the
administrator
director
shall
make
a
complete
record
of
the
case
showing
the
tax
assessed,
reports
and
audits,
if
any,
the
licensee’s
or
permittee’s
grounds
for
dispute
or
contest,
together
with
all
evidence
of
the
dispute
or
contest,
and
the
amounts,
conditions,
and
settlement
or
compromise
of
the
dispute
or
contest.
3.
A
licensee
or
permittee
who
disputes
the
amount
of
tax
imposed
must
pay
all
tax
and
penalty
pertaining
to
the
disputed
tax
liability
prior
to
appealing
the
disputed
tax
liability
to
the
administrator
director
.
4.
The
administrator
director
shall
adopt
rules
establishing
procedures
for
payment
of
disputed
taxes
imposed
under
this
chapter
.
If
it
is
determined
that
the
tax
is
not
due
in
whole
or
in
part,
the
division
department
shall
promptly
refund
the
part
of
the
tax
payment
which
is
determined
not
to
be
due.
Sec.
2403.
Section
123.38,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
retail
alcohol
license,
wine
permit,
or
beer
permit
Senate
File
514,
p.
1191
is
a
personal
privilege
and
is
revocable
for
cause.
It
is
not
property
nor
is
it
subject
to
attachment
and
execution
nor
alienable
nor
assignable,
and
it
shall
cease
upon
the
death
of
the
permittee
or
licensee.
However,
the
administrator
of
the
division
director
may
in
the
administrator’s
director’s
discretion
allow
the
executor
or
administrator
of
the
estate
of
a
permittee
or
licensee
to
operate
the
business
of
the
decedent
for
a
reasonable
time
not
to
exceed
the
expiration
date
of
the
permit
or
license.
Every
permit
or
license
shall
be
issued
in
the
name
of
the
applicant
and
no
person
holding
a
permit
or
license
shall
allow
any
other
person
to
use
it.
Sec.
2404.
Section
123.38,
subsection
2,
paragraph
a,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Any
licensee
or
permittee,
or
the
executor
or
administrator
of
the
estate
of
a
licensee
or
permittee,
or
any
person
duly
appointed
by
the
court
to
take
charge
of
and
administer
the
property
or
assets
of
the
licensee
or
permittee
for
the
benefit
of
the
licensee’s
or
permittee’s
creditors,
may
voluntarily
surrender
a
license
or
permit
to
the
division
department
.
When
a
license
or
permit
is
surrendered
,
the
division
department
shall
notify
the
local
authority,
and
the
division
department
or
the
local
authority
shall
refund
to
the
person
surrendering
the
license
or
permit,
a
proportionate
amount
of
the
fee
received
by
the
division
department
or
the
local
authority
for
the
license
or
permit
as
follows:
Sec.
2405.
Section
123.38,
subsection
2,
paragraphs
b
and
c,
Code
2023,
are
amended
to
read
as
follows:
b.
For
purposes
of
this
subsection
,
any
portion
of
license
or
permit
fees
used
for
the
purposes
authorized
in
section
331.424,
subsection
1
,
paragraph
“a”
,
subparagraphs
(1)
and
(2),
shall
not
be
deemed
received
either
by
the
division
department
or
by
a
local
authority.
c.
No
refund
shall
be
made
to
any
licensee
or
permittee
upon
the
surrender
of
the
license
or
permit
if
there
is
at
the
time
of
surrender
a
complaint
filed
with
the
division
department
or
local
authority
charging
the
licensee
or
permittee
with
a
violation
of
this
chapter
.
Sec.
2406.
Section
123.38,
subsection
3,
Code
2023,
is
Senate
File
514,
p.
1192
amended
to
read
as
follows:
3.
The
local
authority
may
in
its
discretion
authorize
a
licensee
or
permittee
to
transfer
the
license
or
permit
from
one
location
to
another
within
the
same
incorporated
city,
or
within
a
county
outside
the
corporate
limits
of
a
city,
provided
that
the
premises
to
which
the
transfer
is
to
be
made
would
have
been
eligible
for
a
license
or
permit
in
the
first
instance
and
such
transfer
will
not
result
in
the
violation
of
any
law.
All
transfers
authorized,
and
the
particulars
of
same,
shall
be
reported
to
the
administrator
director
by
the
local
authority.
The
administrator
director
may
by
rule
establish
a
uniform
transfer
fee
to
be
assessed
by
all
local
authorities
upon
licensees
or
permittees
to
cover
the
administrative
costs
of
such
transfers,
such
fee
to
be
retained
by
the
local
authority
involved.
Sec.
2407.
Section
123.38A,
Code
2023,
is
amended
to
read
as
follows:
123.38A
Confidential
investigative
records.
In
order
to
assure
a
free
flow
of
information
for
accomplishing
the
purposes
of
section
123.4
and
section
123.9,
subsection
6,
all
complaint
information,
investigation
files,
audit
files,
and
inspection
files,
other
investigation
reports,
and
other
investigative
information
in
the
possession
of
the
division
department
or
employees
acting
under
the
authority
of
the
administrator
director
under
this
chapter
are
privileged
and
confidential,
and
are
not
subject
to
discovery,
subpoena,
or
other
means
of
legal
compulsion
for
their
release
before
administrative
or
criminal
charges
are
filed.
However,
investigative
information
in
the
possession
of
division
department
employees
under
this
chapter
may
be
disclosed
to
the
licensing
authorities
of
a
city
or
county
within
this
state,
in
another
state,
the
District
of
Columbia,
or
territory
or
county
in
which
the
licensee
or
permittee
is
licensed
or
permitted
or
has
applied
for
a
license
or
permit.
In
addition,
the
investigative
information
can
be
shared
with
any
law
enforcement
agency
or
other
state
agency
that
also
has
investigative,
regulatory,
or
enforcement
jurisdiction
authorized
by
law.
Records
received
by
the
division
department
for
purposes
of
this
chapter
from
other
agencies
which
would
Senate
File
514,
p.
1193
be
confidential
if
created
by
the
division
department
are
considered
confidential.
Sec.
2408.
Section
123.39,
subsections
1
and
4,
Code
2023,
are
amended
to
read
as
follows:
1.
a.
(1)
The
administrator
director
or
the
local
authority
may
suspend
a
class
“B”,
special
class
“B”
native
wine,
class
“C”,
special
class
“C”,
class
“E”,
or
class
“F”
retail
alcohol
license,
or
charity
beer,
spirits,
and
wine
special
event
license
for
a
period
not
to
exceed
one
year,
revoke
the
license,
or
impose
a
civil
penalty
not
to
exceed
one
thousand
dollars
per
violation.
(2)
The
administrator
director
may
suspend
a
certificate
of
compliance,
a
class
“D”
retail
alcohol
license,
a
manufacturer’s
license,
a
broker’s
permit,
a
class
“A”
native
distilled
spirits
license,
a
class
“A”
or
special
class
“A”
beer
permit,
a
class
“A”
wine
permit,
a
wine
direct
shipper’s
permit,
or
a
wine
carrier
permit
for
a
period
not
to
exceed
one
year,
revoke
the
license,
permit,
or
certificate,
or
impose
a
civil
penalty
not
to
exceed
one
thousand
dollars
per
violation.
b.
A
license,
permit,
or
certificate
of
compliance
issued
under
this
chapter
may
be
suspended
or
revoked,
or
a
civil
penalty
may
be
imposed
for
any
of
the
following
causes:
(1)
Misrepresentation
of
any
material
fact
in
the
application
for
the
license,
permit,
or
certificate.
(2)
Violation
of
any
of
the
provisions
of
this
chapter
.
(3)
Any
change
in
the
ownership
or
interest
in
the
business
operated
under
a
retail
alcohol
license
which
change
was
not
previously
reported
in
a
manner
prescribed
by
the
administrator
director
within
thirty
days
of
the
change
and
subsequently
approved
by
the
local
authority,
when
applicable,
and
the
division
department
.
(4)
An
event
which
would
have
resulted
in
disqualification
from
receiving
the
license,
permit,
or
certificate
when
originally
issued.
(5)
Any
sale,
hypothecation,
or
transfer
of
the
license,
permit,
or
certificate.
(6)
The
failure
or
refusal
on
the
part
of
any
license,
permit,
or
certificate
holder
to
render
any
report
or
remit
any
taxes
to
the
division
department
under
this
chapter
when
due.
Senate
File
514,
p.
1194
c.
A
criminal
conviction
is
not
a
prerequisite
to
suspension,
revocation,
or
imposition
of
a
civil
penalty
pursuant
to
this
section
.
d.
A
local
authority
which
acts
pursuant
to
this
section
,
section
123.32
,
or
section
123.50
shall
notify
the
division
department
in
writing
of
the
action
taken,
and
shall
notify
the
license
or
permit
holder
of
the
right
to
appeal
a
suspension,
revocation,
or
imposition
of
a
civil
penalty
to
the
division
department
.
e.
Before
suspension,
revocation,
or
imposition
of
a
civil
penalty
by
the
administrator
director
,
the
license,
permit,
or
certificate
holder
shall
be
given
written
notice
and
an
opportunity
for
a
hearing.
The
administrator
director
may
appoint
a
member
of
the
division
department
or
may
request
an
administrative
law
judge
from
the
department
of
inspections
and
appeals
to
conduct
the
hearing
and
issue
a
proposed
decision.
Upon
the
motion
of
a
party
to
the
hearing
or
upon
the
administrator’s
director’s
own
motion,
the
administrator
director
may
review
the
proposed
decision
in
accordance
with
chapter
17A
.
Upon
review
of
the
proposed
decision,
the
administrator
director
may
affirm,
reverse,
or
modify
the
proposed
decision.
A
license,
permit,
or
certificate
holder
aggrieved
by
a
decision
of
the
administrator
director
may
seek
judicial
review
of
the
administrator’s
director’s
decision
in
accordance
with
chapter
17A
.
f.
Civil
penalties
imposed
and
collected
by
the
local
authority
under
this
section
shall
be
retained
by
the
local
authority.
Civil
penalties
imposed
and
collected
by
the
division
department
under
this
section
shall
be
credited
to
the
general
fund
of
the
state
pursuant
to
section
123.17,
subsection
9
.
4.
If
the
cause
for
suspension
is
a
first
offense
violation
of
section
123.49,
subsection
2
,
paragraph
“h”
,
the
administrator
director
or
local
authority
shall
impose
a
civil
penalty
in
the
amount
of
five
hundred
dollars
in
lieu
of
suspension
of
the
license
or
permit.
Sec.
2409.
Section
123.41,
subsections
1,
2,
3,
and
4,
Code
2023,
are
amended
to
read
as
follows:
1.
Each
completed
application
to
obtain
or
renew
a
Senate
File
514,
p.
1195
manufacturer’s
license
shall
be
submitted
to
the
division
department
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
and
shall
be
accompanied
by
a
fee
of
three
hundred
dollars
payable
to
the
division
department
.
The
administrator
director
may
in
accordance
with
this
chapter
grant
and
issue
to
a
manufacturer
a
manufacturer’s
license,
valid
for
a
one-year
period
after
date
of
issuance,
which
shall
allow
the
manufacture,
storage,
and
wholesale
disposition
and
sale
of
alcoholic
liquors
to
the
division
department
and
to
customers
outside
of
the
state.
2.
As
a
condition
precedent
to
the
approval
and
granting
of
a
manufacturer’s
license,
an
applicant
shall
file
with
the
division
department
a
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury,
and
a
statement
under
oath
that
the
applicant
will
faithfully
observe
and
comply
with
all
laws,
rules,
and
regulations
governing
the
manufacture
and
sale
of
alcoholic
liquor.
3.
A
person
who
holds
an
experimental
distilled
spirits
plant
permit
or
its
equivalent
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury
may
produce
alcohol
for
use
as
fuel
without
obtaining
a
manufacturer’s
license
from
the
division
department
.
4.
A
person
who
holds
a
manufacturer’s
license
shall
file
with
the
division
department
,
on
or
before
the
fifteenth
day
of
each
calendar
month,
all
documents
filed
by
the
manufacturer
with
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury,
including
all
production,
storage,
and
processing
reports.
Sec.
2410.
Section
123.42,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
Prior
to
representing
or
promoting
alcoholic
liquor
products
in
the
state,
the
broker
shall
submit
a
completed
application
to
the
division
department
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
for
a
broker’s
permit.
The
administrator
director
may
in
accordance
with
this
chapter
issue
a
broker’s
permit
which
shall
be
valid
for
one
year
from
the
date
of
issuance
unless
it
is
sooner
suspended
or
revoked
for
a
violation
of
this
chapter
.
Senate
File
514,
p.
1196
2.
At
the
time
of
applying
for
a
broker’s
permit,
each
applicant
shall
submit
to
the
division
department
a
list
of
names
and
addresses
of
all
manufacturers,
distillers,
and
importers
whom
the
applicant
has
been
appointed
to
represent
in
the
state
of
Iowa
for
any
purpose.
The
listing
shall
be
amended
by
the
broker
as
necessary
to
keep
the
listing
current
with
the
division
department
.
Sec.
2411.
Section
123.43,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
person
applying
for
a
class
“A”
native
distilled
spirits
license
shall
submit
an
application
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
which
shall
set
forth
under
oath
the
following:
Sec.
2412.
Section
123.43,
subsection
1,
paragraphs
e
and
g,
Code
2023,
are
amended
to
read
as
follows:
e.
When
required
by
the
administrator
director
,
and
in
such
form
and
containing
such
information
as
the
administrator
director
may
require,
a
description
of
the
premises
where
the
applicant
intends
to
use
the
license,
to
include
a
sketch
or
drawing
of
the
premises
and,
if
applicable,
the
number
of
square
feet
of
interior
floor
space
which
comprises
the
retail
sales
area
of
the
premises.
g.
Any
other
information
as
required
by
the
administrator
director
.
Sec.
2413.
Section
123.43,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Except
as
otherwise
provided
in
this
chapter
,
the
administrator
director
shall
issue
a
class
“A”
native
distilled
spirits
license
to
any
applicant
who
establishes
all
of
the
following:
Sec.
2414.
Section
123.43,
subsection
2,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
d.
That
the
applicant
has
filed
with
the
division
department
a
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury,
and
that
the
applicant
will
faithfully
observe
and
comply
with
all
laws,
rules,
and
regulations
governing
the
manufacture
and
sale
of
alcoholic
liquor.
Sec.
2415.
Section
123.43A,
subsections
1,
3,
4,
and
5,
Code
Senate
File
514,
p.
1197
2023,
are
amended
to
read
as
follows:
1.
Subject
to
rules
of
the
division
department
,
a
native
distillery
holding
a
class
“A”
native
distilled
spirits
license
issued
pursuant
to
section
123.43
may
sell
or
offer
for
sale
native
distilled
spirits.
As
provided
in
this
section
,
sales
of
native
distilled
spirits
manufactured
on
the
premises
may
be
made
at
retail
for
off-premises
consumption
when
sold
on
the
premises
of
the
native
distillery
that
manufactures
native
distilled
spirits.
All
sales
intended
for
resale
in
this
state
shall
be
made
through
the
state’s
wholesale
distribution
system.
3.
A
native
distillery
shall
not
sell
native
distilled
spirits
other
than
as
permitted
in
this
chapter
and
shall
not
allow
native
distilled
spirits
sold
for
consumption
off
the
premises
to
be
consumed
upon
the
premises
of
the
native
distillery.
However,
native
distilled
spirits
may
be
tasted
pursuant
to
the
rules
of
the
division
department
on
the
premises
where
fermented,
distilled,
or
matured,
when
no
charge
is
made
for
the
tasting.
4.
The
sale
of
native
distilled
spirits
to
the
division
department
for
wholesale
disposition
and
sale
by
the
division
department
shall
be
subject
to
the
requirements
of
this
chapter
regarding
such
disposition
and
sale.
5.
A
native
distillery
issued
a
class
“A”
native
distilled
spirits
license
shall
file
with
the
division
department
,
on
or
before
the
fifteenth
day
of
each
calendar
month,
all
documents
filed
by
the
native
distillery
with
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury,
including
all
production,
storage,
and
processing
reports.
Sec.
2416.
Section
123.44,
Code
2023,
is
amended
to
read
as
follows:
123.44
Gifts
prohibited.
A
manufacturer
or
broker
shall
not
give
away
alcoholic
liquor
at
any
time
in
connection
with
the
manufacturer’s
or
broker’s
business
except
for
testing
or
sampling
purposes
only.
A
manufacturer,
distiller,
vintner,
brewer,
broker,
wholesaler,
or
importer,
organized
as
a
corporation
pursuant
to
the
laws
of
this
state
or
any
other
state,
who
deals
in
alcoholic
beverages
Senate
File
514,
p.
1198
subject
to
regulation
under
this
chapter
shall
not
offer
or
give
anything
of
value
to
a
commission
member,
official
or
employee
of
the
division
department
under
this
chapter
,
or
directly
or
indirectly
contribute
in
any
manner
any
money
or
thing
of
value
to
a
person
seeking
a
public
or
appointive
office
or
a
recognized
political
party
or
a
group
of
persons
seeking
to
become
a
recognized
political
party.
Sec.
2417.
Section
123.46A,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Licensees
authorized
to
sell
wine,
beer,
or
mixed
drinks
or
cocktails
for
consumption
off
the
licensed
premises
in
a
container
other
than
the
original
container
may
deliver
the
wine,
beer,
or
mixed
drinks
or
cocktails
to
a
home
or
other
designated
location
in
this
state
only
if
the
container
other
than
the
original
container
has
been
sold
and
securely
sealed
in
compliance
with
this
chapter
or
the
rules
of
the
division
department
.
Deliveries
shall
be
limited
to
alcoholic
beverages
authorized
by
the
licensee’s
license
or
permit.
Sec.
2418.
Section
123.46A,
subsection
3,
paragraph
g,
Code
2023,
is
amended
to
read
as
follows:
g.
Delivery
of
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails
shall
be
made
by
the
licensee,
the
licensee’s
employee,
or
a
third
party,
provided
the
licensee
has
entered
into
a
written
agreement
with
the
third
party
that
authorizes
the
third
party
to
act
as
an
agent
of
the
licensee
for
the
purpose
of
delivering
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails.
Each
licensee
shall
submit
to
the
division
department
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
a
list
of
names
and
addresses
of
all
third
parties
it
has
authorized
to
act
as
its
agent
for
the
purpose
of
delivering
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
or
cocktails.
The
licensee
shall
provide
the
division
department
with
amendments
to
the
list
as
necessary
to
ensure
the
division
department
possesses
an
accurate,
current
list.
Sec.
2419.
Section
123.49,
subsection
2,
paragraph
d,
subparagraphs
(1),
(2),
and
(3),
Code
2023,
are
amended
to
read
as
follows:
(1)
Keep
on
premises
covered
by
a
retail
alcohol
license
any
alcoholic
liquor
in
any
container
except
the
original
package
Senate
File
514,
p.
1199
purchased
from
the
division
department
,
and
except
mixed
drinks
or
cocktails
mixed
on
the
premises
for
immediate
consumption
on
the
licensed
premises
or
as
otherwise
provided
by
this
paragraph
“d”
.
This
prohibition
does
not
apply
to
holders
of
a
class
“D”
retail
alcohol
license
or
to
alcoholic
liquor
delivered
in
accordance
with
section
123.46A
.
(2)
Mixed
drinks
or
cocktails
mixed
on
the
premises
that
are
not
for
immediate
consumption
may
be
consumed
on
the
licensed
premises
subject
to
the
requirements
of
this
subparagraph
pursuant
to
rules
adopted
by
the
division
department
.
The
rules
shall
provide
that
the
mixed
drinks
or
cocktails
be
stored,
for
no
longer
than
seventy-two
hours,
in
a
labeled
container
in
a
quantity
that
does
not
exceed
three
gallons.
The
rules
shall
also
provide
that
added
flavors
and
other
nonbeverage
ingredients
included
in
the
mixed
drinks
or
cocktails
shall
not
include
hallucinogenic
substances
or
added
caffeine
or
other
added
stimulants
including
but
not
limited
to
guarana,
ginseng,
and
taurine.
The
rules
shall
also
require
that
the
licensee
keep
records
as
to
when
the
contents
in
a
particular
container
were
mixed
and
the
recipe
used
for
that
mixture.
In
addition,
mixed
drinks
or
cocktails
mixed
on
the
premises
pursuant
to
this
subparagraph
may
be
sold
for
consumption
off
the
licensed
premises
as
provided
in
and
subject
to
the
requirements
of
subparagraph
(3).
(3)
Mixed
drinks
or
cocktails
mixed
on
premises
covered
by
a
class
“C”
retail
alcohol
license
for
consumption
off
the
licensed
premises
may
be
sold
if
the
mixed
drink
or
cocktail
is
immediately
filled
in
a
sealed
container
and
is
promptly
taken
from
the
licensed
premises
prior
to
consumption
of
the
mixed
drink
or
cocktail.
A
mixed
drink
or
cocktail
that
is
sold
in
a
sealed
container
in
compliance
with
the
requirements
of
this
subparagraph
and
rules
adopted
by
the
division
department
shall
not
be
deemed
an
open
container
subject
to
the
requirements
of
sections
321.284
and
321.284A
if
the
sealed
container
is
unopened
and
the
seal
has
not
been
tampered
with,
and
the
contents
of
the
container
have
not
been
partially
removed.
Sec.
2420.
Section
123.50,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
conviction
of
any
retail
alcohol
licensee
for
a
Senate
File
514,
p.
1200
violation
of
any
of
the
provisions
of
section
123.49
,
subject
to
subsection
3
of
this
section
,
is
grounds
for
the
suspension
or
revocation
of
the
license
or
permit
by
the
division
department
or
the
local
authority.
However,
if
any
retail
alcohol
licensee
is
convicted
of
any
violation
of
section
123.49,
subsection
2
,
paragraph
“a”
or
“e”
,
or
any
retail
alcohol
licensee,
excluding
a
special
class
“B”
or
class
“D”
retail
alcohol
licensee,
is
convicted
of
a
violation
of
section
123.49,
subsection
2
,
paragraph
“d”
,
the
retail
alcohol
license
shall
be
revoked
and
shall
immediately
be
surrendered
by
the
holder,
and
the
bond,
if
any,
of
the
license
holder
shall
be
forfeited
to
the
division
department
.
However,
the
division
department
shall
retain
only
that
portion
of
the
bond
equal
to
the
amount
the
division
department
determines
the
license
holder
owes
the
division
department
.
Sec.
2421.
Section
123.50,
subsection
3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
If
any
retail
alcohol
licensee
or
employee
of
a
licensee
is
convicted
or
found
in
violation
of
section
123.49,
subsection
2
,
paragraph
“h”
,
the
administrator
director
or
local
authority
shall,
in
addition
to
criminal
penalties
fixed
for
violations
by
this
section
,
assess
a
civil
penalty
as
follows:
Sec.
2422.
Section
123.50,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
In
addition
to
any
other
penalties
imposed
under
this
chapter
,
the
division
department
shall
assess
a
civil
penalty
up
to
the
amount
of
five
thousand
dollars
upon
a
class
“E”
retail
alcohol
licensee
when
the
class
“E”
retail
alcohol
license
is
revoked
for
a
violation
of
section
123.59
.
Failure
to
pay
the
civil
penalty
as
required
under
this
subsection
shall
result
in
forfeiture
of
the
bond
to
the
division
department
.
However,
the
division
department
shall
retain
only
that
portion
of
the
bond
equal
to
the
amount
the
division
department
determines
the
license
or
permit
holder
owes
the
division
department
.
Sec.
2423.
Section
123.50A,
subsections
1,
2,
and
4,
Code
2023,
are
amended
to
read
as
follows:
1.
If
sufficient
funding
is
appropriated,
the
division
department
shall
develop
an
alcohol
compliance
employee
training
program,
not
to
exceed
two
hours
in
length
for
Senate
File
514,
p.
1201
employees
and
prospective
employees
of
licensees
and
permittees,
to
inform
the
employees
about
state
laws
and
regulations
regarding
the
sale
of
alcoholic
beverages
to
persons
under
legal
age,
and
compliance
with
and
the
importance
of
laws
regarding
the
sale
of
alcoholic
beverages
to
persons
under
legal
age.
In
developing
the
alcohol
compliance
employee
training
program,
the
division
department
may
consult
with
stakeholders
who
have
expertise
in
the
laws
and
regulations
regarding
the
sale
of
alcoholic
beverages
to
persons
under
legal
age.
2.
The
alcohol
compliance
employee
training
program
shall
be
made
available
to
employees
and
prospective
employees
of
licensees
and
permittees
at
no
cost
to
the
employee,
the
prospective
employee,
or
the
licensee
or
permittee,
and
in
a
manner
which
is
as
convenient
and
accessible
to
the
extent
practicable
throughout
the
state
so
as
to
encourage
attendance.
Contingent
upon
the
availability
of
specified
funds
for
provision
of
the
program,
the
division
department
shall
schedule
the
program
on
at
least
a
monthly
basis
and
the
program
shall
be
available
at
a
location
in
at
least
a
majority
of
counties.
4.
The
division
department
shall
also
offer
periodic
continuing
employee
training
and
recertification
for
employees
who
have
completed
initial
training
and
received
an
initial
certificate
of
completion
as
part
of
the
alcohol
compliance
employee
training
program.
Sec.
2424.
Section
123.56,
subsections
3
and
4,
Code
2023,
are
amended
to
read
as
follows:
3.
Upon
filing
a
suit
in
equity
in
district
court
pursuant
to
subsection
2
,
the
county
attorney
or
city
attorney
shall
notify
the
administrator
director
of
the
action.
Upon
receiving
notice,
the
administrator
director
shall
issue
an
order
reducing
the
hours
during
which
alcoholic
beverages
may
be
sold
or
consumed
at
retail
on
the
licensed
premises
to
between
6:00
a.m.
and
10:00
p.m.
each
day
of
the
week
during
the
pendency
of
the
action
in
equity.
The
county
attorney
or
city
attorney
shall
notify
the
administrator
director
of
any
final
action
or
judgment
entered
resulting
from
the
action.
4.
In
an
action
seeking
abatement
of
a
public
safety
Senate
File
514,
p.
1202
nuisance
as
provided
in
this
section
,
evidence
of
other
current
violations
of
this
chapter
may
be
received
by
the
court
and
considered
in
determining
the
remedial
provisions
of
any
abatement
order.
In
addition,
evidence
of
prior
sanctions,
violations
of
law,
nuisance
behavior,
or
general
reputation
relating
to
the
licensed
premises
may
be
admissible
in
determining
the
reasonableness
of
remedial
provisions
of
an
abatement
order.
However,
evidence
of
a
prior
conviction
of
the
licensee,
managers,
employees,
or
contemporaneous
patrons
and
guests
is
not
necessary
for
purposes
of
considering
or
issuing
an
abatement
order
under
this
section
.
In
an
action
under
this
section
,
the
administrator
director
may
submit
to
the
court
a
report
as
evidence
on
behalf
of
the
division
department
regarding
the
compliance
history
of
the
licensee
or
permittee
for
consideration
by
the
court.
Sec.
2425.
Section
123.57,
Code
2023,
is
amended
to
read
as
follows:
123.57
Examination
of
accounts.
The
financial
condition
and
transactions
of
all
offices,
departments,
warehouses,
and
depots
of
concerning
the
division
alcohol
beverage
control
activities
of
the
department
shall
be
examined
at
least
once
each
year
by
the
state
auditor
and
at
shorter
periods
if
requested
by
the
administrator
director
,
governor,
commission,
or
the
general
assembly’s
standing
committees
on
government
oversight.
Sec.
2426.
Section
123.58,
Code
2023,
is
amended
to
read
as
follows:
123.58
Auditing.
All
provisions
of
sections
11.6
,
11.11
,
11.14
,
11.21
,
11.31
,
and
11.41
,
relating
to
auditing
of
financial
records
of
governmental
subdivisions
which
are
not
inconsistent
with
this
chapter
are
applicable
to
the
division
department
and
its
offices,
warehouses,
and
depots
under
this
chapter
.
Sec.
2427.
Section
123.92,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Subject
to
the
limitation
amount
specified
in
paragraph
“c”
,
if
applicable,
any
third
party
who
is
not
the
intoxicated
person
who
caused
the
injury
at
issue
and
who
is
injured
in
person
or
property
or
means
of
support
by
an
intoxicated
person
Senate
File
514,
p.
1203
or
resulting
from
the
intoxication
of
a
person,
has
a
right
of
action
for
damages
actually
sustained,
severally
or
jointly
against
any
licensee
or
permittee,
whether
or
not
the
license
or
permit
was
issued
by
the
division
department
or
by
the
licensing
authority
of
any
other
state,
who
sold
and
served
any
alcoholic
beverage
directly
to
the
intoxicated
person,
provided
that
the
person
was
visibly
intoxicated
at
the
time
of
the
sale
or
service.
Sec.
2428.
Section
123.92,
subsection
2,
paragraphs
a
and
c,
Code
2023,
are
amended
to
read
as
follows:
a.
Every
retail
alcohol
licensee,
except
a
class
“B”,
special
class
“B”,
or
class
“E”
retail
alcohol
licensee,
shall
furnish
proof
of
financial
responsibility
by
the
existence
of
a
liability
insurance
policy
in
an
amount
determined
by
the
division
department
.
If
an
insurer
provides
dramshop
liability
insurance
at
a
new
location
to
a
licensee
or
permittee
who
has
a
positive
loss
experience
at
other
locations
for
which
such
insurance
is
provided
by
the
insurer,
and
the
insurer
bases
premium
rates
at
the
new
location
on
the
negative
loss
history
of
the
previous
licensee
at
that
location,
the
insurer
shall
examine
and
consider
adjusting
the
premium
for
the
new
location
not
less
than
thirty
months
after
the
insurance
is
issued,
based
on
the
loss
experience
of
the
licensee
at
that
location
during
that
thirty-month
period
of
time.
c.
The
purpose
of
dramshop
liability
insurance
is
to
provide
protection
for
members
of
the
public
who
experience
damages
as
a
result
of
licensees
serving
patrons
any
alcoholic
beverage
to
a
point
that
reaches
or
exceeds
the
standard
set
forth
in
law
for
liability.
Minimum
coverage
requirements
for
such
insurance
are
not
for
the
purpose
of
making
the
insurance
affordable
for
all
licensees
regardless
of
claims
experience.
A
dramshop
liability
insurance
policy
obtained
by
a
licensee
shall
meet
the
minimum
insurance
coverage
requirements
as
determined
by
the
division
department
and
is
a
mandatory
condition
for
holding
a
license.
Sec.
2429.
Section
123.95,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
holder
of
an
annual
class
“C”
retail
alcohol
license
may
act
as
the
agent
of
a
private
social
host
for
the
purpose
Senate
File
514,
p.
1204
of
providing
and
serving
alcoholic
beverages
as
part
of
a
food
catering
service
for
a
private
social
gathering
in
a
private
place,
provided
the
licensee
has
applied
for
and
been
granted
a
catering
privilege
by
the
division
department
.
The
holder
of
an
annual
special
class
“C”
retail
alcohol
license
shall
not
act
as
the
agent
of
a
private
social
host
for
the
purpose
of
providing
and
serving
wine
and
beer
as
part
of
a
food
catering
service
for
a
private
social
gathering
in
a
private
place.
An
applicant
for
a
class
“C”
retail
alcohol
license
shall
state
on
the
application
for
the
license
that
the
licensee
intends
to
engage
in
catering
food
and
alcoholic
beverages
for
private
social
gatherings
and
the
catering
privilege
shall
be
noted
on
the
license.
Sec.
2430.
Section
123.125,
Code
2023,
is
amended
to
read
as
follows:
123.125
Issuance
of
beer
permits.
The
administrator
director
shall
issue
class
“A”
and
special
class
“A”
beer
permits
and
may
suspend
or
revoke
permits
for
cause
as
provided
in
this
chapter
.
Sec.
2431.
Section
123.126A,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Notwithstanding
any
provision
of
this
chapter
to
the
contrary,
a
manufacturer
of
beer
may
obtain
and
possess
alcoholic
liquor
from
the
division
department
for
the
purpose
of
manufacturing
canned
cocktails.
Sec.
2432.
Section
123.127,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
person
applying
for
a
class
“A”
or
special
class
“A”
beer
permit
shall
submit
a
completed
application
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
which
shall
set
forth
under
oath
the
following:
Sec.
2433.
Section
123.127,
subsection
1,
paragraphs
e
and
g,
Code
2023,
are
amended
to
read
as
follows:
e.
When
required
by
the
administrator
director
,
and
in
such
form
and
containing
such
information
as
the
administrator
director
may
require,
a
description
of
the
premises
where
the
applicant
intends
to
use
the
permit,
to
include
a
sketch
or
drawing
of
the
premises
and,
if
applicable,
the
number
of
square
feet
of
interior
floor
space
which
comprises
the
retail
sales
Senate
File
514,
p.
1205
area
of
the
premises.
g.
Any
other
information
as
required
by
the
administrator
director
.
Sec.
2434.
Section
123.127,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
administrator
director
shall
issue
a
class
“A”
or
special
class
“A”
beer
permit
to
any
applicant
who
establishes
all
of
the
following:
Sec.
2435.
Section
123.127,
subsection
2,
paragraphs
d
and
g,
Code
2023,
are
amended
to
read
as
follows:
d.
That
the
applicant
has
filed
with
the
division
department
a
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury,
and
that
the
applicant
will
faithfully
observe
and
comply
with
all
laws,
rules,
and
regulations
governing
the
manufacture
and
sale
of
beer.
g.
That
the
applicant
has
submitted
a
bond
in
the
amount
of
ten
thousand
dollars
in
a
manner
prescribed
by
the
administrator
director
with
good
and
sufficient
sureties
to
be
approved
by
the
division
department
conditioned
upon
compliance
with
this
chapter
.
Sec.
2436.
Section
123.130,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Any
person
holding
a
class
“A”
beer
permit
issued
by
the
division
department
shall
be
authorized
to
manufacture
and
sell,
or
sell
at
wholesale,
beer
for
consumption
off
the
premises,
such
sales
within
the
state
to
be
made
only
to
persons
holding
a
subsisting
class
“A”
beer
permit,
or
retail
alcohol
licenses,
excluding
a
special
class
“B”
retail
native
wine
license,
issued
in
accordance
with
the
provisions
of
this
chapter
.
However,
a
person
holding
a
class
“A”
beer
permit
issued
by
the
division
department
who
also
holds
a
brewer’s
notice
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury
shall
be
authorized
to
sell,
at
wholesale,
no
more
than
thirty
thousand
barrels
of
beer
on
an
annual
basis
for
consumption
off
the
premises
to
a
licensee
authorized
under
this
chapter
to
sell
beer
at
retail.
Sec.
2437.
Section
123.130,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
1206
5.
A
manufacturer
of
beer
issued
a
class
“A”
or
special
class
“A”
beer
permit
shall
file
with
the
division
department
,
on
or
before
the
fifteenth
day
of
each
calendar
month,
all
documents
filed
with
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury,
including
all
brewer’s
operation
and
excise
tax
return
reports.
Sec.
2438.
Section
123.135,
subsections
1,
2,
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
A
manufacturer,
brewer,
bottler,
importer,
or
vendor
of
beer,
or
any
agent
thereof,
desiring
to
ship
or
sell
beer,
or
have
beer
brought
into
this
state
for
resale
by
a
class
“A”
beer
permittee,
shall
first
make
application
for
and
be
issued
a
brewer’s
certificate
of
compliance
by
the
administrator
director
for
that
purpose.
The
certificate
of
compliance
expires
at
the
end
of
one
year
from
the
date
of
issuance
and
shall
be
renewed
for
a
like
period
upon
application
to
the
administrator
director
unless
otherwise
revoked
for
cause.
Each
completed
application
for
a
certificate
of
compliance
or
renewal
of
a
certificate
shall
be
submitted
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
and
shall
be
accompanied
by
a
fee
of
two
hundred
dollars
payable
to
the
division
department
.
Each
holder
of
a
certificate
of
compliance
shall
furnish
the
information
in
a
manner
the
administrator
director
requires.
2.
At
the
time
of
applying
for
a
certificate
of
compliance,
each
applicant
shall
file
with
the
division
department
a
list
of
all
class
“A”
beer
permittees
with
whom
it
intends
to
do
business
and
shall
designate
the
geographic
area
in
which
its
products
are
to
be
distributed
by
such
permittee.
The
listing
of
class
“A”
beer
permittees
and
geographic
area
as
filed
with
the
division
department
shall
be
amended
by
the
holder
of
a
certificate
of
compliance
as
necessary
to
keep
the
listing
current
with
the
division
department
.
3.
All
class
“A”
beer
permit
holders
shall
sell
only
those
brands
of
beer
which
are
manufactured,
brewed,
bottled,
shipped,
or
imported
by
a
person
holding
a
current
certificate
of
compliance.
Any
employee
or
agent
working
for
or
representing
the
holder
of
a
certificate
of
compliance
within
this
state
shall
submit
electronically,
or
in
a
manner
Senate
File
514,
p.
1207
prescribed
by
the
administrator
director
,
the
employee’s
or
agent’s
name
and
address
with
the
division
department
.
Sec.
2439.
Section
123.137,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
person
holding
a
class
“A”
or
special
class
“A”
beer
permit
shall,
on
or
before
the
tenth
day
of
each
calendar
month
commencing
on
the
tenth
day
of
the
calendar
month
following
the
month
in
which
the
person
is
issued
a
beer
permit,
make
a
report
under
oath
to
the
division
department
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
showing
the
exact
number
of
barrels
of
beer,
or
fractional
parts
of
barrels,
sold
by
the
beer
permit
holder
during
the
preceding
calendar
month.
The
report
shall
also
state
information
the
administrator
director
requires,
and
beer
permit
holders
shall
at
the
time
of
filing
a
report
pay
to
the
division
department
the
amount
of
tax
due
at
the
rate
fixed
in
section
123.136
.
Sec.
2440.
Section
123.138,
Code
2023,
is
amended
to
read
as
follows:
123.138
Records
required
——
keg
identification
label.
1.
Each
class
“A”
or
special
class
“A”
beer
permittee
shall
keep
proper
records
showing
the
amount
of
beer
sold
by
the
permittee,
and
these
records
shall
be
at
all
times
open
to
inspection
by
the
administrator
director
and
to
other
persons
pursuant
to
section
123.30,
subsection
1
.
Each
retail
alcohol
licensee
as
described
in
section
123.30
shall
keep
proper
records
showing
each
purchase
of
beer
made
by
the
licensee,
and
the
date
and
the
amount
of
each
purchase
and
the
name
of
the
person
from
whom
each
purchase
was
made,
which
records
shall
be
open
to
inspection
pursuant
to
section
123.30,
subsection
1
,
during
normal
business
hours
of
the
licensee.
2.
a.
Each
retail
alcohol
licensee
who
sells
beer
for
off-premises
consumption
shall
affix
to
each
keg
of
beer
an
identification
label
provided
by
the
administrator
director
.
The
label
provided
shall
allow
for
its
full
removal
when
common
external
keg
cleaning
procedures
are
performed.
For
the
purposes
of
this
subsection
,
“keg”
means
all
durable
and
disposable
containers
with
a
liquid
capacity
of
five
gallons
or
more.
Each
retail
alcohol
licensee
shall
also
keep
a
record
of
the
identification
label
number
of
each
keg
of
beer
sold
by
Senate
File
514,
p.
1208
the
licensee
with
the
name
and
address
of
the
purchaser
and
the
number
of
the
purchaser’s
driver’s
license,
nonoperator’s
identification
card,
or
military
identification
card,
if
the
military
identification
card
contains
a
picture
and
signature.
This
information
shall
be
retained
by
the
licensee
for
a
minimum
of
ninety
days.
The
records
kept
pursuant
to
this
subsection
shall
be
available
for
inspection
by
any
law
enforcement
officer
during
normal
business
hours.
b.
(1)
The
division
department
shall
provide
the
keg
identification
labels
described
in
paragraph
“a”
and
shall,
prior
to
utilizing
a
label,
notify
licensed
brewers
and
licensed
beer
importers
of
the
type
of
label
to
be
utilized.
Each
label
shall
contain
a
number
and
the
following
statement:
It
is
unlawful
to
sell,
give,
or
otherwise
supply
any
alcoholic
beverage,
wine,
or
beer
to
any
person
under
legal
age.
Any
person
who
defaces
this
label
shall
be
guilty
of
criminal
mischief
punishable
pursuant
to
section
716.6
.
(2)
The
identification
label
shall
be
placed
on
the
keg
at
the
time
of
retail
sale.
The
licensee
shall
obtain
the
labels
referred
to
in
this
subsection
from
the
division
department
.
The
cost
of
the
labels
to
licensees
shall
not
exceed
the
division’s
department’s
cost
of
producing
and
distributing
the
labels.
The
moneys
collected
by
the
division
department
relating
to
the
sale
of
labels
shall
be
credited
to
the
beer
and
liquor
control
fund.
c.
The
provisions
of
this
subsection
shall
be
implemented
uniformly
throughout
the
state.
The
provisions
of
this
subsection
shall
preempt
any
local
county
or
municipal
ordinance
regarding
keg
registration
or
the
sale
of
beer
in
kegs.
In
addition,
a
county
or
municipality
shall
not
adopt
or
continue
in
effect
an
ordinance
regarding
keg
registration
or
the
sale
of
beer
in
kegs.
Sec.
2441.
Section
123.143,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
All
permit
fees
collected
by
the
division
department
under
this
subchapter
shall
accrue
to
the
beer
and
liquor
control
fund,
except
as
otherwise
provided.
All
taxes
collected
by
the
division
department
under
this
subchapter
shall
accrue
to
the
state
general
fund,
except
as
otherwise
provided.
Senate
File
514,
p.
1209
Sec.
2442.
Section
123.173,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
A
class
“A”
wine
permittee
shall
be
required
to
deliver
wine
to
a
retail
alcohol
licensee,
and
a
retail
alcohol
licensee
shall
be
required
to
accept
delivery
of
wine
from
a
class
“A”
wine
permittee,
only
at
the
licensed
premises
of
the
retail
alcohol
licensee.
Except
as
specifically
permitted
by
the
division
department
upon
good
cause
shown,
delivery
or
transfer
of
wine
from
an
unlicensed
premises
to
a
licensed
retail
alcohol
licensee’s
premises,
or
from
one
licensed
retail
alcohol
licensee’s
premises
to
another
licensed
retail
alcohol
licensee’s
premises,
even
if
there
is
common
ownership
of
all
of
the
premises
by
one
retail
permittee,
is
prohibited.
Sec.
2443.
Section
123.173A,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Upon
application
to
the
division
department
and
receipt
of
a
charity
beer,
spirits,
and
wine
special
event
license,
an
authorized
nonprofit
entity
may
conduct
a
charity
special
event
subject
to
the
requirements
of
this
section
.
Sec.
2444.
Section
123.173A,
subsection
4,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
charity
event
shall
be
conducted
on
a
premises
covered
by
a
valid
retail
alcohol
license
issued
by
the
division
department
.
Sec.
2445.
Section
123.173A,
subsection
5,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
retail
alcohol
license
number
issued
by
the
division
department
for
the
premises
where
a
charity
event
is
to
be
conducted,
if
applicable.
Sec.
2446.
Section
123.174,
Code
2023,
is
amended
to
read
as
follows:
123.174
Issuance
of
wine
permits.
The
administrator
director
shall
issue
wine
permits
as
provided
in
this
chapter
,
and
may
suspend
or
revoke
a
wine
permit
for
cause
as
provided
in
this
chapter
.
Sec.
2447.
Section
123.175,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
person
applying
for
a
class
“A”
wine
permit
shall
submit
a
completed
application
electronically,
or
in
a
manner
prescribed
Senate
File
514,
p.
1210
by
the
administrator
director
,
which
shall
set
forth
under
oath
the
following:
Sec.
2448.
Section
123.175,
subsection
1,
paragraphs
e
and
g,
Code
2023,
are
amended
to
read
as
follows:
e.
When
required
by
the
administrator
director
,
and
in
such
form
and
containing
such
information
as
the
administrator
director
may
require,
a
description
of
the
premises
where
the
applicant
intends
to
use
the
permit,
to
include
a
sketch
or
drawing
of
the
premises.
g.
Any
other
information
as
required
by
the
administrator
director
.
Sec.
2449.
Section
123.175,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
administrator
director
shall
issue
a
class
“A”
wine
permit
to
any
applicant
who
establishes
all
of
the
following:
Sec.
2450.
Section
123.175,
subsection
2,
paragraphs
d
and
g,
Code
2023,
are
amended
to
read
as
follows:
d.
That
the
applicant
has
filed
with
the
division
department
a
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury,
and
that
the
applicant
will
faithfully
observe
and
comply
with
all
the
laws,
rules,
and
regulations
governing
the
manufacture
and
sale
of
wine.
g.
That
the
applicant
has
submitted
a
bond
in
the
amount
of
five
thousand
dollars
in
a
manner
prescribed
by
the
administrator
director
with
good
and
sufficient
sureties
to
be
approved
by
the
division
department
conditioned
upon
compliance
with
this
chapter
.
Sec.
2451.
Section
123.176,
subsections
1,
2,
7,
and
8,
Code
2023,
are
amended
to
read
as
follows:
1.
Subject
to
rules
of
the
division
department
,
manufacturers
of
native
wines
from
grapes,
cherries,
other
fruits
or
other
fruit
juices,
vegetables,
vegetable
juices,
dandelions,
clover,
honey,
or
any
combination
of
these
ingredients,
holding
a
class
“A”
wine
permit
as
required
by
this
chapter
,
may
sell,
keep,
or
offer
for
sale
and
deliver
the
wine.
Notwithstanding
section
123.24,
subsection
2
,
paragraph
“b”
,
or
any
other
provision
of
this
chapter
,
manufacturers
of
native
wine
may
obtain
and
possess
grape
brandy
from
the
division
Senate
File
514,
p.
1211
department
for
the
sole
purpose
of
manufacturing
wine.
2.
Native
wine
may
be
sold
at
retail
for
off-premises
consumption
when
sold
on
the
premises
of
the
manufacturer,
or
in
a
retail
establishment
operated
by
the
manufacturer.
Sales
may
also
be
made
to
class
“A”
or
retail
alcohol
licensees
as
authorized
by
sections
123.30
and
123.177
.
A
manufacturer
of
native
wines
shall
not
sell
the
wines
other
than
as
permitted
in
this
chapter
and
shall
not
allow
wine
sold
to
be
consumed
upon
the
premises
of
the
manufacturer.
However,
prior
to
sale,
native
wines
may
be
tasted
pursuant
to
the
rules
of
the
division
department
on
the
premises
where
made,
when
no
charge
is
made
for
the
tasting.
7.
A
manufacturer
may
use
the
space
and
equipment
of
another
manufacturer
for
the
purpose
of
manufacturing
native
wine,
provided
that
such
an
alternating
proprietorship
arrangement
is
approved
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury.
A
separate
class
“A”
wine
permit
shall
be
issued
to
each
manufacturer,
and
each
manufacturer
shall
be
subject
to
the
provisions
of
this
chapter
and
the
rules
of
the
division
department
.
Notwithstanding
subsection
5
,
not
more
than
one
class
“C”
retail
alcohol
license
shall
be
issued
to
a
premises
with
alternating
proprietorships.
8.
A
manufacturer
of
native
wines
shall
file
with
the
division
department
,
on
or
before
the
fifteenth
day
of
each
calendar
month,
all
documents
filed
with
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury,
including
all
wine
premises
operations
and
excise
tax
return
reports.
Sec.
2452.
Section
123.180,
subsections
1,
2,
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
A
manufacturer,
vintner,
bottler,
importer,
or
vendor
of
wine,
or
an
agent
thereof,
desiring
to
ship,
sell,
or
have
wine
brought
into
this
state
for
sale
at
wholesale
by
a
class
“A”
permittee
shall
first
make
application
for
and
shall
be
issued
a
vintner’s
certificate
of
compliance
by
the
administrator
director
for
that
purpose.
The
vintner’s
certificate
of
compliance
shall
expire
at
the
end
of
one
year
from
the
date
of
issuance
and
shall
be
renewed
for
a
like
period
upon
application
to
the
administrator
director
unless
otherwise
Senate
File
514,
p.
1212
revoked
for
cause.
Each
completed
application
for
a
vintner’s
certificate
of
compliance
or
renewal
of
a
certificate
shall
be
submitted
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
and
shall
be
accompanied
by
a
fee
of
two
hundred
dollars
payable
to
the
division
department
.
Each
holder
of
a
vintner’s
certificate
of
compliance
shall
furnish
the
information
required
by
the
administrator
director
in
the
form
the
administrator
director
requires.
A
vintner
or
wine
bottler
whose
plant
is
located
in
Iowa
and
who
otherwise
holds
a
class
“A”
wine
permit
to
sell
wine
at
wholesale
is
exempt
from
the
fee,
but
not
the
other
terms
and
conditions.
The
holder
of
a
vintner’s
certificate
of
compliance
may
also
hold
a
class
“A”
wine
permit.
2.
At
the
time
of
applying
for
a
vintner’s
certificate
of
compliance,
each
applicant
shall
file
with
the
division
department
a
list
of
all
class
“A”
wine
permittees
with
whom
it
intends
to
do
business.
The
listing
of
class
“A”
wine
permittees
as
filed
with
the
division
department
shall
be
amended
by
the
holder
of
the
certificate
of
compliance
as
necessary
to
keep
the
listing
current
with
the
division
department
.
3.
All
class
“A”
wine
permit
holders
shall
sell
only
those
brands
of
wine
which
are
manufactured,
bottled,
fermented,
shipped,
or
imported
by
a
person
holding
a
current
vintner’s
certificate
of
compliance.
An
employee
or
agent
working
for
or
representing
the
holder
of
a
vintner’s
certificate
of
compliance
within
this
state
shall
register
the
employee’s
or
agent’s
name
and
address
with
the
division
department
.
These
names
and
addresses
shall
be
filed
with
the
division’s
department’s
copy
of
the
certificate
of
compliance
issued
except
that
this
provision
does
not
require
the
listing
of
those
persons
who
are
employed
on
the
premises
of
a
bottling
plant,
or
winery
where
wine
is
manufactured,
fermented,
or
bottled
in
Iowa
or
the
listing
of
those
persons
who
are
thereafter
engaged
in
the
transporting
of
the
wine.
Sec.
2453.
Section
123.184,
Code
2023,
is
amended
to
read
as
follows:
123.184
Report
of
gallonage
sales
——
penalty.
1.
Each
class
“A”
wine
permit
holder
on
or
before
the
tenth
Senate
File
514,
p.
1213
day
of
each
calendar
month
commencing
on
the
tenth
day
of
the
calendar
month
following
the
month
in
which
the
person
is
issued
a
permit,
shall
make
a
report
under
oath
to
the
division
department
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
showing
the
exact
number
of
gallons
of
wine
and
fractional
parts
of
gallons
sold
by
that
permit
holder
during
the
preceding
calendar
month.
The
report
also
shall
state
whatever
reasonable
additional
information
the
administrator
director
requires.
The
permit
holder
at
the
time
of
filing
this
report
shall
pay
to
the
division
department
the
amount
of
tax
due
at
the
rate
fixed
in
section
123.183
.
A
penalty
of
ten
percent
of
the
amount
of
the
tax
shall
be
assessed
and
collected
if
the
report
required
to
be
filed
pursuant
to
this
subsection
is
not
filed
and
the
tax
paid
within
the
time
required
by
this
subsection
.
2.
Each
wine
direct
shipper
license
holder
shall
make
a
report
under
oath
to
the
division
department
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
on
or
before
the
tenth
day
of
the
calendar
months
of
June
and
December,
showing
the
exact
number
of
gallons
of
wine
and
fractional
parts
of
gallons
sold
and
shipped
pursuant
to
section
123.187
during
the
preceding
six-month
calendar
period.
The
report
shall
also
state
whatever
reasonable
additional
information
the
administrator
director
requires.
The
license
holder
at
the
time
of
filing
this
report
shall
pay
to
the
division
department
the
amount
of
tax
due
at
the
rate
fixed
in
section
123.183
.
A
penalty
of
ten
percent
of
this
amount
shall
be
assessed
and
collected
if
the
report
required
to
be
filed
pursuant
to
this
subsection
is
not
filed
and
the
tax
paid
within
the
time
required
by
this
subsection
.
Sec.
2454.
Section
123.186,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
The
division
department
shall
adopt
as
rules
the
substance
of
the
federal
regulations
27
C.F.R.
pt.
6,
27
C.F.R.
pt.
8,
27
C.F.R.
pt.
10,
and
27
C.F.R.
pt.
11.
2.
The
division
department
shall
adopt
as
rules
the
substance
of
27
C.F.R.
§6.88,
to
permit
a
manufacturer
of
alcoholic
beverages,
wine,
or
beer,
or
an
agent
of
such
manufacturer,
to
provide
to
a
retailer
without
charge
wine
and
Senate
File
514,
p.
1214
beer
coil
cleaning
services,
including
carbon
dioxide
filters
and
other
necessary
accessories
to
properly
clean
the
coil
and
affix
carbon
dioxide
filters.
The
rules
shall
provide
that
the
manufacturer
shall
be
responsible
for
paying
the
costs
of
any
filters
provided.
Sec.
2455.
Section
123.187,
subsection
2,
paragraphs
b
and
d,
Code
2023,
are
amended
to
read
as
follows:
b.
A
wine
manufacturer
applying
for
a
wine
direct
shipper
permit
shall
submit
an
application
for
the
permit
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
accompanied
by
a
true
copy
of
the
manufacturer’s
current
alcoholic
beverage
license
or
permit
issued
by
the
state
where
the
manufacturer
is
primarily
located
and
a
copy
of
the
manufacturer’s
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
the
treasury.
d.
A
permit
issued
pursuant
to
this
section
may
be
renewed
annually
by
submitting
a
renewal
application
with
the
administrator
director
in
a
manner
prescribed
by
the
administrator
director
,
accompanied
by
the
twenty-five
dollar
permit
fee.
Sec.
2456.
Section
123.187,
subsection
3,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
All
containers
of
wine
shipped
directly
to
a
resident
of
this
state
shall
be
conspicuously
labeled
with
the
words
“CONTAINS
ALCOHOL:
SIGNATURE
OF
PERSON
AGE
21
OR
OLDER
REQUIRED
FOR
DELIVERY”
or
shall
be
conspicuously
labeled
with
alternative
wording
preapproved
by
the
administrator
director
.
Sec.
2457.
Section
123.187,
subsections
4
and
5,
Code
2023,
are
amended
to
read
as
follows:
4.
A
wine
direct
shipper
permittee
shall
remit
to
the
division
department
an
amount
equivalent
to
the
wine
gallonage
tax
on
wine
subject
to
direct
shipment
at
the
rate
specified
in
section
123.183
for
deposit
as
provided
in
section
123.183,
subsections
2
and
3
.
The
amount
shall
be
remitted
at
the
time
and
in
the
manner
provided
in
section
123.184,
subsection
2,
and
the
ten
percent
penalty
specified
therein
shall
be
applicable.
5.
A
wine
direct
shipper
permittee
shall
be
deemed
to
have
consented
to
the
jurisdiction
of
the
division
department
or
any
Senate
File
514,
p.
1215
other
agency
or
court
in
this
state
concerning
enforcement
of
this
section
and
any
related
laws,
rules,
or
regulations.
A
permit
holder
shall
allow
the
division
department
to
perform
an
audit
of
shipping
records
upon
request.
Sec.
2458.
Section
123.188,
subsections
1,
2,
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
A
person
desiring
to
deliver
wine
subject
to
direct
shipment
within
this
state
pursuant
to
section
123.187
shall
submit
an
application
for
a
wine
carrier
permit
electronically,
or
in
a
manner
prescribed
by
the
administrator
director
,
which
shall
be
accompanied
by
a
fee
in
the
amount
of
one
hundred
dollars.
2.
The
administrator
director
may
in
accordance
with
this
chapter
issue
a
wine
carrier
permit
which
shall
be
valid
for
one
year
from
the
date
of
issuance
unless
it
is
sooner
suspended
or
revoked
for
a
violation
of
this
chapter
.
3.
A
permit
issued
pursuant
to
this
section
may
be
renewed
annually
by
submitting
a
renewal
application
with
the
administrator
director
in
a
manner
prescribed
by
the
administrator
director
,
accompanied
by
the
one
hundred
dollar
permit
fee.
Sec.
2459.
Section
123.188,
subsection
4,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
A
wine
carrier
permittee
shall
maintain
records
of
wine
shipped
which
include
the
permit
number
and
name
of
the
wine
manufacturer,
quantity
of
wine
shipped,
recipient’s
name
and
address,
and
an
electronic
or
paper
form
of
signature
from
the
recipient
of
the
wine.
Records
shall
be
submitted
to
the
division
department
on
a
monthly
basis
in
a
form
and
manner
to
be
determined
by
the
division
department
.
Sec.
2460.
Section
321.19,
subsection
1,
paragraph
c,
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
(3)
Persons
in
the
department
of
justice,
the
alcoholic
beverages
division
of
the
department
of
commerce,
disease
investigators
of
the
Iowa
department
of
public
health,
the
department
of
inspections
and
appeals,
and
the
department
of
revenue,
who
are
regularly
assigned
to
conduct
investigations
which
cannot
reasonably
be
conducted
with
a
vehicle
displaying
“official”
state
registration
plates.
Senate
File
514,
p.
1216
Sec.
2461.
Section
453A.2,
subsections
4,
6,
and
7,
Code
2023,
are
amended
to
read
as
follows:
4.
The
alcoholic
beverages
division
of
the
department
of
commerce
,
a
county,
or
a
city
may
directly
enforce
this
section
in
district
court
and
initiate
proceedings
pursuant
to
section
453A.22
before
a
permit-issuing
authority
which
issued
the
permit
against
a
permit
holder
violating
this
section
.
6.
If
a
county
or
a
city
has
not
assessed
a
penalty
pursuant
to
section
453A.22,
subsection
2
,
for
a
violation
of
subsection
1
,
within
sixty
days
of
the
adjudication
of
the
violation,
the
matter
shall
be
transferred
to
and
be
the
exclusive
responsibility
of
the
alcoholic
beverages
division
of
the
department
of
commerce
.
Following
transfer
of
the
matter,
if
the
violation
is
contested,
the
alcoholic
beverages
division
of
the
department
of
commerce
shall
request
an
administrative
hearing
before
an
administrative
law
judge,
assigned
by
the
division
of
administrative
hearings
of
the
department
of
inspections
and
appeals
in
accordance
with
the
provisions
of
section
10A.801
,
to
adjudicate
the
matter
pursuant
to
chapter
17A
.
7.
A
tobacco
compliance
employee
training
fund
is
created
in
the
office
of
the
treasurer
of
state.
The
fund
shall
consist
of
civil
penalties
assessed
by
the
alcoholic
beverages
division
of
the
department
of
commerce
under
section
453A.22
for
violations
of
this
section
.
Moneys
in
the
fund
are
appropriated
to
the
alcoholic
beverages
division
of
the
department
of
commerce
and
shall
be
used
to
develop
and
administer
the
tobacco
compliance
employee
training
program
under
section
453A.5
.
Moneys
deposited
in
the
fund
shall
not
be
transferred,
used,
obligated,
appropriated,
or
otherwise
encumbered
except
as
provided
in
this
subsection
.
Notwithstanding
section
8.33
,
any
unexpended
balance
in
the
fund
at
the
end
of
the
fiscal
year
shall
be
retained
in
the
fund.
Sec.
2462.
Section
453A.5,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
alcoholic
beverages
division
of
the
department
of
commerce
shall
develop
a
tobacco
compliance
employee
training
program
not
to
exceed
two
hours
in
length
for
employees
and
prospective
employees
of
retailers,
as
defined
in
sections
Senate
File
514,
p.
1217
453A.1
and
453A.42
,
to
inform
the
employees
about
state
and
federal
laws
and
regulations
regarding
the
sale
of
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
and
cigarettes
to
persons
under
twenty-one
years
of
age
and
compliance
with
and
the
importance
of
laws
regarding
the
sale
of
tobacco,
tobacco
products,
alternative
nicotine
products,
vapor
products,
and
cigarettes
to
persons
under
twenty-one
years
of
age.
Sec.
2463.
Section
453A.13,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
The
department,
or
a
A
city
or
county
,
shall
submit
a
duplicate
of
any
application
for
a
retail
permit
to
the
alcoholic
beverages
division
of
the
department
of
commerce
within
thirty
days
of
the
issuance.
The
alcoholic
beverages
division
of
the
department
of
commerce
shall
submit
the
current
list
of
all
retail
permits
issued
to
the
Iowa
department
of
public
health
by
the
last
day
of
each
quarter
of
a
state
fiscal
year.
Sec.
2464.
Section
453A.22,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
If
a
retailer
or
employee
of
a
retailer
has
violated
section
453A.2
or
section
453A.36,
subsection
6
,
the
department
or
local
authority,
or
the
alcoholic
beverages
division
of
the
department
of
commerce
following
transfer
of
the
matter
to
the
alcoholic
beverages
division
of
the
department
of
commerce
pursuant
to
section
453A.2,
subsection
6
,
in
addition
to
the
other
penalties
fixed
for
such
violations
in
this
section
,
shall
assess
a
penalty
upon
the
same
hearing
and
notice
as
prescribed
in
subsection
1
as
follows:
Sec.
2465.
Section
453A.22,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
The
department
or
local
authority
shall
report
the
suspension
or
revocation
of
a
retail
permit
under
this
section
to
the
alcoholic
beverages
division
of
the
department
of
commerce
within
thirty
days
of
the
suspension
or
revocation
of
the
retail
permit.
Sec.
2466.
Section
453A.47A,
subsection
6,
Code
2023,
is
amended
to
read
as
follows:
6.
Issuance.
Cities
may
issue
retail
permits
to
retailers
Senate
File
514,
p.
1218
located
within
their
respective
limits.
County
boards
of
supervisors
may
issue
retail
permits
to
retailers
located
in
their
respective
counties,
outside
of
the
corporate
limits
of
cities.
The
city
or
county
shall
submit
a
duplicate
of
any
application
for
a
retail
permit
to
the
alcoholic
beverages
division
of
the
department
of
commerce
within
thirty
days
of
issuance
of
a
permit.
The
alcoholic
beverages
division
of
the
department
of
commerce
shall
submit
the
current
list
of
all
retail
permits
issued
to
the
Iowa
department
of
public
health
by
the
last
day
of
each
quarter
of
a
state
fiscal
year.
Sec.
2467.
Section
455C.3,
subsections
2
and
5,
Code
2023,
are
amended
to
read
as
follows:
2.
A
distributor
shall
accept
and
pick
up
from
a
participating
dealer
served
by
the
distributor
or
a
redemption
center
for
a
dealer
served
by
the
distributor
at
least
weekly,
or
when
the
distributor
delivers
the
beverage
product
if
deliveries
are
less
frequent
than
weekly,
any
empty
beverage
container
of
the
kind,
size,
and
brand
sold
by
the
distributor,
and
shall
pay
to
the
participating
dealer
or
redemption
center
the
refund
value
of
a
beverage
container
and
the
reimbursement
as
provided
under
section
455C.2
within
one
week
following
pickup
of
the
containers
or
when
the
participating
dealer
normally
pays
the
distributor
for
the
deposit
on
beverage
products
purchased
from
the
distributor
if
less
frequent
than
weekly.
A
distributor
or
employee
or
agent
of
a
distributor
is
not
in
violation
of
this
subsection
if
a
redemption
center
is
closed
when
the
distributor
attempts
to
make
a
regular
pickup
of
empty
beverage
containers.
This
subsection
does
not
apply
to
a
distributor
selling
alcoholic
liquor
to
the
alcoholic
beverages
division
of
the
department
of
commerce
revenue
.
5.
The
alcoholic
beverages
division
of
the
department
of
commerce
revenue
shall
provide
for
the
disposal
of
empty
beverage
containers
as
required
under
subsection
2
.
The
division
department
of
revenue
shall
give
priority
consideration
to
the
recycling
of
the
empty
beverage
containers
to
the
extent
possible,
before
any
other
appropriate
disposal
method
is
considered
or
implemented.
CONFORMING
CHANGES
Sec.
2468.
Section
7E.5,
subsection
1,
paragraph
c,
Code
Senate
File
514,
p.
1219
2023,
is
amended
to
read
as
follows:
c.
The
department
of
revenue,
created
in
section
421.2
,
which
has
primary
responsibility
for
revenue
collection
and
revenue
law
compliance
,
the
Iowa
lottery,
and
alcoholic
beverage
control
.
Sec.
2469.
Section
421.17,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
39.
Administer
chapters
99G
and
123.
Sec.
2470.
REPEAL.
Section
546.9,
Code
2023,
is
repealed.
DIVISION
XIII
DEPARTMENT
FOR
THE
BLIND
Sec.
2471.
Section
216B.2,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
commission
for
the
blind
is
established
consisting
of
three
members
appointed
by
the
governor,
subject
to
confirmation
by
the
senate.
Members
of
the
commission
shall
serve
three-year
terms
beginning
and
ending
as
provided
in
section
69.19
.
The
members
of
the
commission
shall
appoint
officers
for
the
commission.
A
majority
of
the
members
of
the
commission
shall
constitute
a
quorum.
Sec.
2472.
NEW
SECTION
.
216B.3A
Director
——
duties.
1.
The
director
of
the
department
shall
be
appointed
by
the
governor,
subject
to
confirmation
by
the
senate,
and
shall
serve
at
the
pleasure
of
the
governor.
The
governor
shall
set
the
salary
of
the
director
within
the
applicable
salary
range
established
by
the
general
assembly.
2.
The
director
shall
be
the
executive
officer
of
the
commission
and
shall
be
responsible
for
implementing
policy
set
by
the
commission.
The
director
shall
carry
out
programs
and
policies
as
determined
by
the
commission.
Sec.
2473.
Section
216B.5,
Code
2023,
is
amended
to
read
as
follows:
216B.5
Commission
employees.
The
commission
may
employ
staff
who
shall
be
qualified
by
experience
to
assume
the
responsibilities
of
the
offices.
The
director
shall
be
the
administrative
officer
of
the
commission
and
shall
be
responsible
for
implementing
policy
set
by
the
commission.
The
director
shall
carry
out
programs
and
policies
as
determined
by
the
commission.
Senate
File
514,
p.
1220
Sec.
2474.
APPOINTMENT
OF
DIRECTOR.
On
or
before
July
1,
2023,
the
governor
shall
appoint
a
director
of
the
department
for
the
blind,
effective
July
1,
2023,
as
provided
in
this
division
of
this
Act.
Sec.
2475.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
enactment.
DIVISION
XIV
DEPARTMENT
OF
EDUCATION
IOWA
EDUCATIONAL
SERVICES
FOR
THE
BLIND
AND
VISUALLY
IMPAIRED
AND
IOWA
SCHOOL
FOR
THE
DEAF
Sec.
2476.
Section
70A.14,
subsection
3,
paragraph
c,
Code
2023,
is
amended
by
striking
the
paragraph.
Sec.
2477.
Section
70A.17A,
subsection
1,
paragraph
d,
subparagraph
(3),
Code
2023,
is
amended
by
striking
the
subparagraph.
Sec.
2478.
Section
235A.15,
subsection
2,
paragraph
c,
subparagraph
(4),
Code
2023,
is
amended
by
striking
the
subparagraph.
Sec.
2479.
NEW
SECTION
.
256.95
Iowa
educational
services
for
the
blind
and
visually
impaired
and
Iowa
school
for
the
deaf.
The
department
shall
do
all
of
the
following:
1.
Administer
the
Iowa
educational
services
for
the
blind
and
visually
impaired
program.
2.
Govern
the
Iowa
school
for
the
deaf.
3.
Establish
a
hall
of
fame
for
distinguished
graduates
of
the
Iowa
school
for
the
deaf,
distinguished
graduates
of
the
Iowa
braille
and
sight
saving
school,
and
distinguished
participants
in
the
Iowa
educational
services
for
the
blind
and
visually
impaired
program.
Sec.
2480.
NEW
SECTION
.
256.103
Employees
——
contracts
——
termination
and
discharge
procedures.
Sections
279.12
through
279.19
and
section
279.27
apply
to
employees
of
the
Iowa
school
for
the
deaf,
who
are
licensed
pursuant
to
subchapter
VII,
part
3.
In
following
those
sections
in
chapter
279,
the
references
to
boards
of
directors
of
school
districts
shall
be
interpreted
to
apply
to
the
department.
Sec.
2481.
NEW
SECTION
.
256.104
Students
residing
on
state-owned
land.
The
department
shall
pay
to
the
local
school
boards
the
Senate
File
514,
p.
1221
tuition
payments
and
transportation
costs,
as
otherwise
authorized
by
statutes
for
the
elementary
or
high
school
education
of
students
residing
on
land
owned
by
the
state
and
under
the
control
of
the
department.
Such
payments
shall
be
made
from
moneys
appropriated
to
the
department.
Sec.
2482.
NEW
SECTION
.
256.105
Transfer
of
a
student
to
the
university
of
Iowa
hospitals
and
clinics.
The
department
may
send
any
student
of
the
Iowa
school
for
the
deaf
to
the
university
of
Iowa
hospitals
and
clinics
for
treatment
and
care.
The
department
shall
pay
the
traveling
expenses
of
such
student,
and
when
necessary
the
traveling
expenses
of
an
attendant
for
the
student,
out
of
funds
appropriated
for
the
use
of
the
department.
Sec.
2483.
NEW
SECTION
.
256.107
Administrative
rules.
The
state
board
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
subchapter.
Sec.
2484.
Section
256B.2,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
For
those
children
who
cannot
adapt
to
the
regular
educational
or
home
living
conditions,
and
who
are
attending
facilities
under
chapters
chapter
263
,
269
,
and
270
or
chapter
256,
subchapter
V
,
upon
the
request
of
the
board
of
directors
of
an
area
education
agency,
the
department
of
human
services
shall
provide
residential
or
detention
facilities
and
the
area
education
agency
shall
provide
special
education
programs
and
services.
The
area
education
agencies
shall
cooperate
with
the
board
of
regents
department
of
education
to
provide
the
services
required
by
this
chapter
.
Sec.
2485.
Section
256B.3,
subsection
9,
Code
2023,
is
amended
to
read
as
follows:
9.
To
cooperate
with
existing
agencies
such
as
the
department
of
human
services,
the
Iowa
department
of
public
health,
the
Iowa
school
for
the
deaf,
the
Iowa
braille
and
sight
saving
school,
the
children’s
hospitals,
or
other
agencies
concerned
with
the
welfare
and
health
of
children
requiring
special
education
in
the
coordination
of
their
educational
activities
for
such
children.
Sec.
2486.
Section
256B.10,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
1222
a.
The
department
of
education
shall
work
with
the
state
Iowa
school
for
the
deaf,
the
area
education
agencies,
school
districts,
and
the
early
hearing
detection
and
intervention
program
in
the
Iowa
department
of
public
health
for
purposes
of
coordinating,
developing,
and
disseminating
resources
for
use
by
parents
or
guardians,
early
hearing
detection
and
intervention
programs,
the
state
Iowa
school
for
the
deaf,
area
education
agencies,
school
districts,
and
accredited
nonpublic
schools
to
inform
deaf
and
hard-of-hearing
children’s
expressive
and
receptive
language
acquisition
or
development.
Sec.
2487.
Section
256B.10,
subsection
1,
paragraph
b,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
duties
of
the
department
of
education
shall,
at
a
minimum,
include
all
of
the
following:
Sec.
2488.
Section
256B.10,
subsection
3,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
department
of
education
,
in
consultation
with
the
state
Iowa
school
for
the
deaf,
the
area
education
agencies,
school
districts,
and
the
early
hearing
detection
and
intervention
program
in
the
Iowa
department
of
public
health,
shall
select
existing
tools
or
assessments
that
may
be
used
by
qualified
educators
to
assess
American
sign
language
and
English
language
and
literacy
development
of
deaf
and
hard-of-hearing
children
from
birth
through
age
eight.
Sec.
2489.
Section
256B.10,
subsections
4
and
7,
Code
2023,
are
amended
to
read
as
follows:
4.
The
department
of
education
shall
disseminate
the
parent
resource
developed
pursuant
to
this
section
to
parents
and
guardians
of
deaf
and
hard-of-hearing
children
and,
consistent
with
federal
law,
shall
disseminate
the
educator
tools
and
assessments
selected
pursuant
to
subsection
3
to
early
hearing
detection
and
intervention
programs,
area
education
agencies,
school
districts,
accredited
nonpublic
schools,
and
the
state
Iowa
school
for
the
deaf
for
use
in
the
development
and
modification
of
individualized
family
service
or
individualized
education
program
plans,
and
shall
provide
materials
and
training
on
the
use
of
such
materials
to
assist
deaf
and
hard-of-hearing
children
in
kindergarten
readiness
using
Senate
File
514,
p.
1223
American
sign
language
or
English,
or
both,
from
birth
through
age
eight.
7.
The
department
of
education
shall
annually
compile,
and
publish
on
the
department’s
internet
site,
a
report
using
existing
data
reported
in
compliance
with
the
state
performance
plan
on
pupils
with
disabilities,
required
under
federal
law,
that
is
specific
to
language
and
literacy
development
in
deaf
and
hard-of-hearing
children
from
birth
through
age
eight,
including
those
children
who
are
deaf
or
hard
of
hearing
and
have
other
disabilities,
relative
to
the
children’s
peers
who
are
not
deaf
or
hard
of
hearing.
Sec.
2490.
Section
256B.10,
subsection
5,
paragraphs
a,
b,
and
e,
Code
2023,
are
amended
to
read
as
follows:
a.
If
moneys
are
appropriated
by
the
general
assembly
for
a
fiscal
year
for
the
purpose
provided
in
this
subsection
,
the
department
of
education
shall
develop
guidelines
for
a
comprehensive
family
support
mentoring
program
that
meets
the
language
and
communication
needs
of
families.
b.
The
department
of
education
shall
work
with
the
early
hearing
detection
and
intervention
program
in
the
Iowa
department
of
public
health,
the
state
Iowa
school
for
the
deaf,
and
the
area
education
agencies
when
developing
the
guidelines.
The
department
of
education
,
in
consultation
with
the
Iowa
school
for
the
deaf,
shall
administer
the
family
support
mentoring
program
for
deaf
or
hard-of-hearing
children.
e.
The
department
of
education
shall
coordinate
family
support
mentoring
activities
with
the
early
hearing
detection
and
intervention
program
in
the
Iowa
department
of
public
health,
the
state
Iowa
school
for
the
deaf,
the
area
education
agencies,
and
nonprofit
organizations
that
provide
family
support
mentoring
to
parents
with
deaf
or
hard-of-hearing
children.
Sec.
2491.
Section
256B.10,
subsection
5,
paragraph
d,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
In
establishing
the
family
support
mentoring
program,
the
department
of
education
may
do
all
of
the
following:
Sec.
2492.
Section
261E.2,
subsection
8,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
1224
8.
“Student”
means
any
individual
enrolled
in
grades
nine
through
twelve
in
a
school
district
who
meets
the
criteria
in
section
261E.3,
subsection
1
.
“Student”
includes
an
individual
attending
an
accredited
nonpublic
school
or
the
Iowa
school
for
the
deaf
or
the
Iowa
braille
and
sight
saving
school
for
purposes
of
sections
261E.4
and
261E.6
.
Sec.
2493.
Section
261E.6,
subsections
3,
4,
and
6,
Code
2023,
are
amended
to
read
as
follows:
3.
Authorization.
To
participate
in
this
program,
an
eligible
student
shall
make
application
to
an
eligible
postsecondary
institution
to
allow
the
eligible
student
to
enroll
for
college
credit
in
a
nonsectarian
course
offered
at
the
institution.
A
comparable
course,
as
defined
in
rules
adopted
by
the
board
of
directors
of
the
school
district
consistent
with
department
administrative
rule,
must
not
be
offered
by
the
school
district
or
accredited
nonpublic
school
the
student
attends.
A
course
is
ineligible
for
purposes
of
this
section
if
the
school
district
has
a
contractual
agreement
with
the
eligible
postsecondary
institution
under
section
261E.8
that
meets
the
requirements
of
section
257.11,
subsection
3
,
and
the
course
may
be
delivered
through
such
an
agreement
in
accordance
with
section
257.11,
subsection
3
.
If
the
postsecondary
institution
accepts
an
eligible
student
for
enrollment
under
this
section
,
the
institution
shall
send
written
notice
to
the
student,
the
student’s
parent
or
legal
guardian
in
the
case
of
a
minor
child,
and
the
student’s
school
district
or
accredited
nonpublic
school
and
the
school
district
in
the
case
of
a
nonpublic
school
student,
or
the
Iowa
school
for
the
deaf
or
the
Iowa
braille
and
sight
saving
school
.
The
notice
shall
list
the
course,
the
clock
hours
the
student
will
be
attending
the
course,
and
the
number
of
hours
of
college
credit
that
the
eligible
student
will
receive
from
the
eligible
postsecondary
institution
upon
successful
completion
of
the
course.
4.
Credits.
a.
A
school
district,
the
Iowa
school
for
the
deaf,
the
Iowa
braille
and
sight
saving
school,
or
accredited
nonpublic
school
shall
grant
high
school
credit
to
an
eligible
student
enrolled
in
a
course
under
this
chapter
if
the
eligible
student
Senate
File
514,
p.
1225
successfully
completes
the
course
as
determined
by
the
eligible
postsecondary
institution.
The
board
of
directors
of
the
school
district,
the
board
of
regents
department
of
education
for
the
Iowa
school
for
the
deaf
and
the
Iowa
braille
and
sight
saving
school
,
or
authorities
in
charge
of
an
accredited
nonpublic
school
shall
determine
the
number
of
high
school
credits
that
shall
be
granted
to
an
eligible
student
who
successfully
completes
a
course.
Eligible
students
may
take
up
to
seven
semester
hours
of
credit
during
the
summer
months
when
school
is
not
in
session
and
receive
credit
for
that
attendance,
if
the
student
pays
the
cost
of
attendance
for
those
summer
credit
hours.
b.
The
high
school
credits
granted
to
an
eligible
student
under
this
section
shall
count
toward
the
graduation
requirements
and
subject
area
requirements
of
the
school
district
of
residence,
the
Iowa
school
for
the
deaf,
the
Iowa
braille
and
sight
saving
school,
or
accredited
nonpublic
school
of
the
eligible
student.
Evidence
of
successful
completion
of
each
course
and
high
school
credits
and
college
credits
received
shall
be
included
in
the
student’s
high
school
transcript.
6.
Definition.
For
purposes
of
this
section
and
section
261E.7
,
unless
the
context
otherwise
requires,
“eligible
student”
means
a
student
classified
by
the
board
of
directors
of
a
school
district,
by
the
state
board
of
regents
department
of
education
for
pupils
of
the
Iowa
school
for
the
deaf
and
the
Iowa
braille
and
sight
saving
school
,
or
by
the
authorities
in
charge
of
an
accredited
nonpublic
school
as
a
ninth
or
tenth
grade
student
who
is
identified
according
to
the
school
district’s
gifted
and
talented
criteria
and
procedures,
pursuant
to
section
257.43
,
as
a
gifted
and
talented
child,
or
an
eleventh
or
twelfth
grade
student,
during
the
period
the
student
is
participating
in
the
postsecondary
enrollment
options
program.
Sec.
2494.
Section
261E.7,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Not
later
than
June
30
of
each
year,
a
school
district
shall
pay
a
tuition
reimbursement
amount
to
a
postsecondary
institution
that
has
enrolled
its
resident
eligible
students
under
this
chapter
,
unless
the
eligible
student
is
Senate
File
514,
p.
1226
participating
in
open
enrollment
under
section
282.18
,
in
which
case,
the
tuition
reimbursement
amount
shall
be
paid
by
the
receiving
district.
However,
if
a
child’s
residency
changes
during
a
school
year,
the
tuition
shall
be
paid
by
the
district
in
which
the
child
was
enrolled
as
of
the
date
specified
in
section
257.6,
subsection
1
,
or
the
district
in
which
the
child
was
counted
under
section
257.6,
subsection
1
,
paragraph
“a”
,
subparagraph
(6).
For
students
enrolled
at
the
Iowa
school
for
the
deaf
and
the
Iowa
braille
and
sight
saving
school
,
the
state
board
of
regents
department
of
education
shall
pay
a
tuition
reimbursement
amount
by
June
30
of
each
year.
The
amount
of
tuition
reimbursement
for
each
separate
course
shall
equal
the
lesser
of:
Sec.
2495.
Section
262.7,
subsections
4
and
5,
Code
2023,
are
amended
by
striking
the
subsections.
Sec.
2496.
Section
262.9,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Elect
a
president
of
each
of
the
institutions
of
higher
learning;
a
superintendent
of
each
of
the
other
institutions;
a
treasurer
and
a
secretarial
officer
for
each
institution
annually;
professors,
instructors,
officers,
and
employees;
and
fix
their
compensation.
Sections
279.12
through
279.19
and
section
279.27
apply
to
employees
of
the
Iowa
braille
and
sight
saving
school
and
the
Iowa
school
for
the
deaf,
who
are
licensed
pursuant
to
chapter
272
.
In
following
those
sections
in
chapter
279
,
the
references
to
boards
of
directors
of
school
districts
shall
be
interpreted
to
apply
to
the
board
of
regents.
Sec.
2497.
Section
262.9,
subsection
21,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2498.
Section
262.43,
Code
2023,
is
amended
to
read
as
follows:
262.43
Students
residing
on
state-owned
land.
The
state
board
of
regents
shall
pay
to
the
local
school
boards
the
tuition
payments
and
transportation
costs,
as
otherwise
authorized
by
statutes
for
the
elementary
or
high
school
education
of
students
residing
on
land
owned
by
the
state
and
under
the
control
of
the
state
board
of
regents.
Such
payments
for
the
three
institutions
of
higher
learning,
the
state
university
of
Iowa,
the
Iowa
state
university
of
Senate
File
514,
p.
1227
science
and
technology,
and
the
university
of
northern
Iowa,
shall
be
made
from
the
funds
of
the
respective
institutions
other
than
state
appropriations
,
and
for
the
two
noncollegiate
institutions,
the
Iowa
braille
and
sight
saving
school
and
the
Iowa
school
for
the
deaf,
the
payments
and
costs
shall
be
paid
from
moneys
appropriated
to
the
state
board
of
regents
.
Sec.
2499.
Section
263.21,
Code
2023,
is
amended
to
read
as
follows:
263.21
Transfer
of
patients
from
state
institutions.
The
director
of
the
department
of
human
services,
in
respect
to
institutions
under
the
director’s
control,
the
administrator
of
any
of
the
divisions
of
the
department,
in
respect
to
the
institutions
under
the
administrator’s
control,
and
the
director
of
the
department
of
corrections,
in
respect
to
the
institutions
under
the
department’s
control,
and
the
state
board
of
regents,
in
respect
to
the
Iowa
braille
and
sight
saving
school
and
the
Iowa
school
for
the
deaf,
may
send
any
inmate,
student,
or
patient
of
an
institution,
or
any
person
committed
or
applying
for
admission
to
an
institution,
to
the
university
of
Iowa
hospitals
and
clinics
for
treatment
and
care.
The
department
of
human
services
,
and
the
department
of
corrections
,
and
the
state
board
of
regents
shall
respectively
pay
the
traveling
expenses
of
such
patient,
and
when
necessary
the
traveling
expenses
of
an
attendant
for
the
patient,
out
of
funds
appropriated
for
the
use
of
the
institution
from
which
the
patient
is
sent.
Sec.
2500.
Section
269.1,
Code
2023,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
269.1
Iowa
educational
services
for
the
blind
and
visually
impaired
program.
Any
resident
of
the
state
under
twenty-one
years
of
age
who
is
blind
or
visually
impaired
shall
be
entitled
to
receive
the
services
of
the
Iowa
educational
services
for
the
blind
and
visually
impaired
program.
The
department
shall
coordinate
with
area
education
agencies
and
school
districts
on
the
provision
of
these
services
for
any
eligible
student.
Sec.
2501.
Section
270.3,
Code
2023,
is
amended
to
read
as
follows:
270.3
Admission
——
Iowa
school
for
the
deaf
.
Senate
File
514,
p.
1228
Any
resident
of
the
state
less
than
twenty-one
years
of
age
who
has
a
hearing
loss
which
is
too
severe
to
acquire
an
education
in
the
public
schools
is
eligible
to
attend
the
Iowa
school
for
the
deaf.
Nonresidents
similarly
situated
may
be
admitted
to
an
education
therein
the
Iowa
school
for
the
deaf
upon
such
terms
as
may
be
fixed
by
the
state
board
of
regents
department
.
The
fee
for
nonresidents
shall
be
set
by
the
state
board
of
regents
department
.
Sec.
2502.
Section
270.4,
Code
2023,
is
amended
to
read
as
follows:
270.4
Clothing
and
prescriptions.
The
superintendent
of
the
Iowa
school
for
the
deaf
shall
provide
students,
who
would
otherwise
be
without,
with
clothing
or
prescription
refills,
and
shall
bill
the
student’s
parent
or
guardian,
if
the
student
is
a
minor,
or
the
student
if
the
student
has
attained
the
age
of
majority,
for
any
clothing
or
prescription
refills
provided.
The
bill
shall
be
presumptive
evidence
in
all
courts.
Sec.
2503.
Section
270.8,
Code
2023,
is
amended
to
read
as
follows:
270.8
Residence
during
vacation.
The
residence
of
indigent
or
homeless
children
may,
by
order
of
the
state
board
of
regents
department
,
be
continued
during
vacation
months.
Sec.
2504.
Section
270.9,
Code
2023,
is
amended
to
read
as
follows:
270.9
Iowa
school
for
the
deaf
and
the
Iowa
braille
and
sight
saving
school
——
transportation
reimbursement
.
Funds
appropriated
to
the
Iowa
school
for
the
deaf
and
the
Iowa
braille
and
sight
saving
school
for
payments
to
the
parents
or
guardians
of
pupils
in
either
that
institution
shall
be
expended
as
follows:
1.
Transportation
reimbursement
at
a
rate
established
annually
by
the
state
board
of
regents
department
to
the
parents
or
guardians
of
children
who
do
not
reside
in
the
institution,
but
are
transported
to
the
institution
on
a
daily
basis.
2.
Transportation
reimbursement
at
a
rate
established
annually
by
the
state
board
of
regents
department
to
the
parents
or
guardians
for
transportation
from
the
institution
Senate
File
514,
p.
1229
to
the
residence
of
the
parent
or
guardian
and
return
to
the
institution
for
children
who
reside
in
the
institution.
Sec.
2505.
Section
270.10,
Code
2023,
is
amended
to
read
as
follows:
270.10
Merger
Closure
requirements.
1.
The
state
board
of
regents
department
shall
not
merge
close
the
Iowa
school
for
the
deaf
at
Council
Bluffs
with
the
Iowa
braille
and
sight
saving
school
at
Vinton
or
close
either
of
those
institutions
until
all
of
the
following
requirements
have
been
met:
a.
1.
The
department
of
management
has
presented
to
the
general
assembly
a
comprehensive
plan,
program,
and
fiscal
analysis
of
the
existing
circumstances
and
the
circumstances
which
would
prevail
upon
the
proposed
merger
or
closing,
together
with
data
which
would
support
the
contention
that
the
merger
or
closing
will
be
more
efficient
and
effective
than
continuation
of
the
existing
facilities
facility
.
The
analysis
shall
include
a
detailed
study
of
the
educational
implications
of
the
merger
or
closing,
the
impact
on
the
students,
and
the
opinions
and
research
of
nationally
recognized
experts
in
the
field
of
the
education
of
visually
impaired
and
deaf
or
hard-of-hearing
students.
The
comprehensive
plan
shall
further
include
a
study
relating
to
the
programming,
fiscal
consequences,
and
political
implications
which
would
result
if
either
a
merger
or
an
agreement
under
chapter
28E
should
be
implemented
between
the
Iowa
school
for
the
deaf
in
Council
Bluffs
and
comparable
state
programs
in
the
state
of
Nebraska.
b.
2.
The
general
assembly
has
studied
the
plans,
programs,
and
fiscal
analysis
and
has
reviewed
their
impact
on
the
programs.
c.
3.
The
general
assembly
has
enacted
legislation
authorizing
either
the
closing
or
the
merger
to
take
effect
not
sooner
than
two
years
after
the
enactment
of
the
legislation.
2.
This
section
shall
not
apply
to
an
agreement
related
to
the
sale
or
transfer
of
the
property
of
the
Iowa
braille
and
sight
saving
school
at
Vinton
entered
into
between
the
state
of
Iowa
and
the
city
of
Vinton.
Sec.
2506.
Section
280.16,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
1230
7.
The
Iowa
braille
and
sight
saving
school,
the
Iowa
school
for
the
deaf
,
and
the
institutions
under
the
control
of
the
department
of
human
services
as
provided
in
section
218.1
are
exempt
from
the
provisions
of
this
section
.
Sec.
2507.
Section
321.1,
subsection
8,
paragraph
i,
Code
2023,
is
amended
to
read
as
follows:
i.
If
authorized
to
transport
students
or
clients
by
the
superintendent
of
the
Iowa
braille
and
sight
saving
school
or
of
the
Iowa
school
for
the
deaf,
or
the
superintendent’s
respective
designee,
an
employee
of
the
Iowa
braille
and
sight
saving
school
or
the
Iowa
school
for
the
deaf
is
not
a
chauffeur
when
transporting
the
students
or
clients.
Sec.
2508.
Section
331.381,
subsection
9,
Code
2023,
is
amended
to
read
as
follows:
9.
Comply
with
chapters
269
and
270
chapter
256,
subchapter
V,
in
regard
to
the
payment
of
costs
for
pupils
at
the
Iowa
braille
and
sight
saving
school
and
the
Iowa
school
for
the
deaf.
Sec.
2509.
Section
331.424,
subsection
1,
paragraph
a,
subparagraph
(1),
subparagraph
division
(b),
Code
2023,
is
amended
to
read
as
follows:
(b)
Clothing,
transportation,
medical,
or
other
services
provided
persons
attending
the
Iowa
braille
and
sight
saving
school,
the
Iowa
school
for
the
deaf
,
or
the
university
of
Iowa
hospitals
and
clinics’
center
for
disabilities
and
development
for
children
with
severe
disabilities
at
Iowa
City,
for
which
the
county
becomes
obligated
to
pay
pursuant
to
sections
263.12
,
269.2
,
and
270.4
.
Sec.
2510.
Section
331.552,
subsection
13,
Code
2023,
is
amended
to
read
as
follows:
13.
Make
transfer
payments
to
the
state
for
school
expenses
for
blind
and
deaf
and
hard-of-hearing
children
and
support
of
persons
with
mental
illness
as
provided
in
sections
section
230.21
and
269.2
.
Sec.
2511.
Section
483A.24,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
A
license
shall
not
be
required
of
minor
pupils
of
the
Iowa
braille
and
sight
saving
school,
Iowa
school
for
the
deaf
,
or
of
minor
residents
of
other
state
institutions
under
the
Senate
File
514,
p.
1231
control
of
an
administrator
of
a
division
of
the
department
of
human
services.
In
addition,
a
person
who
is
on
active
duty
with
the
armed
forces
of
the
United
States,
on
authorized
leave
from
a
duty
station
located
outside
of
this
state,
and
a
resident
of
the
state
of
Iowa
shall
not
be
required
to
have
a
license
to
hunt
or
fish
in
this
state.
The
military
person
shall
carry
the
person’s
leave
papers
and
a
copy
of
the
person’s
current
earnings
statement
showing
a
deduction
for
Iowa
income
taxes
while
hunting
or
fishing.
In
lieu
of
carrying
the
person’s
earnings
statement,
the
military
person
may
also
claim
residency
if
the
person
is
registered
to
vote
in
this
state.
If
a
deer
or
wild
turkey
is
taken,
the
military
person
shall
immediately
contact
a
state
conservation
officer
to
obtain
an
appropriate
tag
to
transport
the
animal.
A
license
shall
not
be
required
of
residents
of
county
care
facilities
or
any
person
who
is
receiving
supplementary
assistance
under
chapter
249
.
Sec.
2512.
REPEAL.
Section
269.2,
Code
2023,
is
repealed.
Sec.
2513.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
256B.10
to
section
256.106.
b.
Section
269.1
to
section
256.96.
c.
Section
270.1
to
section
256.98.
d.
Section
270.3
to
section
256.97.
e.
Section
270.4
to
section
256.99.
f.
Section
270.8
to
section
256.100.
g.
Section
270.9
to
section
256.101.
h.
Section
270.10
to
section
256.102.
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.
3.
The
Code
editor
may
designate
sections
256.95
through
256.107,
as
amended
or
enacted
in
this
division
of
this
Act,
as
new
subchapter
V
within
chapter
256,
entitled
“Iowa
educational
services
for
the
blind
and
visually
impaired
program
and
Iowa
school
for
the
deaf”.
Sec.
2514.
TRANSITION
PROVISIONS.
1.
The
property
and
records
in
the
custody
of
the
state
board
of
regents
relating
to
the
Iowa
braille
and
sight
saving
Senate
File
514,
p.
1232
school,
the
Iowa
school
for
the
deaf,
the
hall
of
fame
for
distinguished
graduates
at
the
Iowa
braille
and
sight
saving
school,
and
the
hall
of
fame
for
distinguished
graduates
at
the
Iowa
school
for
the
deaf
shall
be
transferred
to
the
department
of
education.
2.
All
employees
of
the
Iowa
school
for
the
deaf
established
pursuant
to
chapter
270
shall
be
considered
employees
of
the
department
of
education
on
the
effective
date
of
this
division
of
this
Act
without
incurring
any
loss
in
salary,
benefits,
or
accrued
years
of
service.
INNOVATION
DIVISION
Sec.
2515.
Section
268.7,
Code
2023,
is
amended
to
read
as
follows:
268.7
Science,
Innovation
division
——
science,
technology,
engineering,
and
mathematics
collaborative
initiative.
1.
The
innovation
division
of
the
department
of
education
is
created.
The
chief
administrative
officer
of
the
division
is
the
administrator
who
shall
be
a
highly
qualified
science,
technology,
engineering,
and
mathematics
advocate
and
shall
be
appointed
by
the
director.
2.
The
administrator
shall
do
all
of
the
following:
a.
Direct
and
organize
the
activities
of
the
division,
including
the
science,
technology,
engineering,
and
mathematics
collaborative
initiative
created
in
subsection
3.
b.
Control
all
property
of
the
division.
c.
Perform
other
duties
imposed
by
law.
1.
3.
A
science,
technology,
engineering,
and
mathematics
collaborative
initiative
is
established
at
the
university
of
northern
Iowa
within
the
innovation
division
for
purposes
of
supporting
activities
directly
related
to
recruitment
of
prekindergarten
through
grade
twelve
mathematics
and
science
teachers
for
ongoing
mathematics
and
science
programming
for
students
enrolled
in
prekindergarten
through
grade
twelve.
2.
4.
The
collaborative
initiative
shall
prioritize
student
interest
in
achievement
in
science,
technology,
engineering,
and
mathematics;
reach
every
student
and
teacher
in
every
school
district
in
the
state;
identify,
recruit,
prepare,
and
support
the
best
mathematics
and
science
teachers;
and
sustain
exemplary
programs
through
the
university’s
Iowa
Senate
File
514,
p.
1233
mathematics
and
science
education
partnership
.
The
university
innovation
division
shall
collaborate
with
the
community
colleges
to
develop
science,
technology,
engineering,
and
mathematics
professional
development
programs
for
community
college
instructors
and
for
purposes
of
science,
technology,
engineering,
and
mathematics
curricula
development.
3.
5.
Subject
to
an
appropriation
of
funds
moneys
by
the
general
assembly,
the
initiative
innovation
division
shall
administer
the
following:
a.
Regional
science,
technology,
engineering,
and
mathematics
networks
for
Iowa,
the
purpose
of
which
is
to
equalize
science,
technology,
engineering,
and
mathematics
education
enrichment
opportunities
available
to
learners
statewide.
The
initiative
innovation
division
shall
establish
six
geographically
similar
regional
science,
technology,
engineering,
and
mathematics
networks
across
Iowa
that
complement
and
leverage
existing
resources,
including
but
not
limited
to
extension
service
assets,
area
education
agencies,
state
accredited
postsecondary
institutions,
informal
educational
centers,
school
districts,
economic
development
zones,
and
existing
public
and
private
science,
technology,
engineering,
and
mathematics
partnerships.
Each
network
shall
be
managed
by
a
highly
qualified
science,
technology,
engineering,
and
mathematics
advocate
positioned
at
a
network
hub
to
be
determined
through
a
competitive
application
process.
Oversight
for
each
regional
network
shall
be
provided
by
a
regional
advisory
board.
Members
of
the
board
shall
be
appointed
by
the
governor.
The
membership
shall
represent
prekindergarten
through
grade
twelve
school
districts
and
schools,
and
higher
education,
business,
nonprofit
organizations,
youth
agencies,
and
other
appropriate
stakeholders.
b.
A
focused
array
of
the
best
science,
technology,
engineering,
and
mathematics
enrichment
opportunities,
selected
through
a
competitive
application
process,
that
can
be
expanded
to
meet
future
needs.
A
limited,
focused
list
of
selected
exemplary
programs
shall
be
made
available
to
each
regional
network.
c.
Statewide
science,
technology,
engineering,
and
Senate
File
514,
p.
1234
mathematics
programming
designed
to
increase
participation
of
students
and
teachers
in
successful
learning
experiences;
to
increase
the
number
of
science,
technology,
engineering,
and
mathematics-related
teaching
majors
offered
by
the
state’s
universities;
to
elevate
public
awareness
of
the
opportunities;
and
to
increase
collaboration
and
partnerships.
4.
6.
The
initiative
innovation
division
shall
evaluate
the
effectiveness
of
programming
to
document
best
practices.
7.
The
state
board
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section.
Sec.
2516.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfer:
Section
268.7
to
section
256.111.
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.
3.
The
Code
editor
may
designate
section
256.111,
as
enacted
in
this
division
of
this
Act,
as
new
subchapter
VI
within
chapter
256,
entitled
“Innovation
Division”.
Sec.
2517.
TRANSITION
PROVISIONS.
1.
The
property
and
records
in
the
custody
of
the
state
board
of
regents
or
the
university
of
northern
Iowa
relating
to
the
science,
technology,
engineering,
and
mathematics
collaborative
initiative
shall
be
transferred
to
the
department
of
education
on
or
before
the
effective
date
of
this
division
of
this
Act.
2.
All
employees
of
the
university
of
northern
Iowa
whose
primary
workplace
is
located
at
the
university
of
northern
Iowa
under
the
science,
technology,
engineering,
and
mathematics
collaborative
initiative
established
pursuant
to
section
268.7
shall
be
considered
employees
of
the
innovation
division
of
the
department
of
education
on
the
effective
date
of
this
division
of
this
Act
without
incurring
any
loss
in
salary,
benefits,
or
accrued
years
of
service.
3.
The
state
board
of
regents
and
the
university
of
northern
Iowa
shall
assist
the
department
of
education
in
implementing
this
division
of
this
Act
by
providing
for
an
effective
transition
of
powers
and
duties
from
one
entity
to
another
under
Senate
File
514,
p.
1235
section
268.7,
chapters
256
and
262,
and
related
administrative
rules.
To
the
extent
requested
by
the
department
of
education,
such
assistance
shall
include
assisting
in
cooperating
with
federal
agencies
such
as
the
United
States
department
of
education.
4.
Any
contract
issued
or
entered
into
by
the
state
board
of
regents
or
the
university
of
northern
Iowa
relating
to
the
provisions
of
section
268.7,
in
effect
on
the
effective
date
of
this
division
of
this
Act,
shall
continue
in
full
force
and
effect
pending
transfer
of
such
contract
to
the
innovation
division
of
the
department
of
education.
5.
Federal
funds
utilized
by
the
state
board
of
regents
or
the
university
of
northern
Iowa
prior
to
the
effective
date
of
this
division
of
this
Act
to
employ
personnel
necessary
for
the
administration
of
the
science,
technology,
engineering,
and
mathematics
collaborative
initiative
established
pursuant
to
section
268.7
shall
be
applied
to
and
be
available
for
the
transfer
of
such
personnel
from
the
state
board
of
regents
or
the
university
of
northern
Iowa
to
the
innovation
division
of
the
department
of
education.
HIGHER
EDUCATION
DIVISION
AND
MISCELLANEOUS
CHANGES
Sec.
2518.
Section
256.1,
subsection
1,
Code
2023,
is
amended
by
adding
the
following
new
paragraphs:
NEW
PARAGRAPH
.
g.
The
Iowa
educational
services
for
the
blind
and
visually
impaired
program.
NEW
PARAGRAPH
.
h.
The
Iowa
school
for
the
deaf.
NEW
PARAGRAPH
.
i.
The
science,
technology,
engineering,
and
mathematics
collaborative
initiative
within
the
innovation
division
of
the
department.
NEW
PARAGRAPH
.
j.
The
college
student
aid
commission
within
the
higher
education
division
of
the
department.
NEW
PARAGRAPH
.
k.
The
board
of
educational
examiners
within
the
higher
education
division
of
the
department.
NEW
PARAGRAPH
.
l.
Career
and
technical
education
programs
offered
by
school
districts
or
community
colleges.
Sec.
2519.
Section
256.7,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Except
for
the
college
student
aid
commission,
the
commission
of
libraries
and
division
of
library
services,
higher
education
Senate
File
514,
p.
1236
division;
the
bureaus,
boards,
and
commissions
within
the
higher
education
division;
and
the
public
broadcasting
board
and
division,
the
state
board
shall:
Sec.
2520.
Section
256.9,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Except
for
the
college
student
aid
commission,
the
commission
of
libraries
and
division
of
library
services,
higher
education
division;
the
bureaus,
boards,
and
commissions
within
the
higher
education
division;
and
the
public
broadcasting
board
and
division,
the
director
shall:
Sec.
2521.
NEW
SECTION
.
256.121
Higher
education
division
created.
1.
The
higher
education
division
of
the
department
of
education
is
created.
The
chief
administrative
officer
of
the
division
is
the
administrator
who
shall
be
appointed
by
the
director.
2.
The
administrator
shall
do
all
of
the
following:
a.
Administer
and
coordinate
all
of
the
following
bureaus,
boards,
and
commissions
within
the
higher
education
division:
(1)
The
community
colleges
and
post-secondary
readiness
bureau
under
part
2.
(2)
The
board
of
educational
examiners
under
part
3.
(3)
The
college
student
aid
commission
under
part
4.
(4)
The
community
colleges
bureau
under
chapter
260C.
b.
Direct
and
organize
the
activities
of
the
division.
c.
Control
all
property
of
the
division.
d.
Hire
and
control
the
personnel
employed
by
the
division.
e.
Perform
other
duties
imposed
by
law.
Sec.
2522.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
may
designate
section
256.121
as
new
subchapter
VII
within
chapter
256,
entitled
“Higher
Education
Division”,
and
new
part
1
within
new
subchapter
VII
entitled
“General
Provisions”.
COMMUNITY
COLLEGES
AND
POST-SECONDARY
READINESS
BUREAU
Sec.
2523.
Section
256.7,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Constitute
the
state
board
for
career
and
technical
education
under
chapter
258
subchapter
VII,
part
2
.
Sec.
2524.
Section
256.11,
subsection
5,
paragraph
h,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
1237
(2)
Instructional
programs
provided
under
subparagraph
(1)
shall
comply
with
the
provisions
of
chapter
258
subchapter
VII,
part
2,
relating
to
career
and
technical
education,
and
shall
be
articulated
with
postsecondary
programs
of
study
and
include
field,
laboratory,
or
on-the-job
training.
Each
sequential
unit
shall
contain
a
portion
of
a
career
and
technical
education
program
approved
by
the
department.
Standards
for
instructional
programs
shall
include
but
not
be
limited
to
new
and
emerging
technologies;
job-seeking,
job-adaptability,
and
other
employment,
self-employment
and
entrepreneurial
skills
that
reflect
current
industry
standards
and
labor-market
needs;
and
reinforcement
of
basic
academic
skills.
Sec.
2525.
Section
257.51,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
department
of
education
shall
adopt
rules
to
establish
and
administer
a
career
academy
grant
program
to
provide
for
the
allocation
of
money
in
the
fund
in
the
form
of
competitive
grants,
not
to
exceed
one
million
dollars
per
grant,
to
school
corporations
for
career
academy
infrastructure,
career
academy
equipment,
or
both,
in
accordance
with
the
goals
of
this
section
and
to
further
the
goals
of
the
establishment
and
operation
of
career
academies
under
section
258.15
.
The
rules
adopted
by
the
department
of
education
shall
specify
the
eligibility
of
applicants
and
eligible
items
for
grant
funding.
Priority
for
grants
shall
first
be
given
to
applications
to
establish
new
career
academies
that
are
organized
as
regional
centers
pursuant
to
chapter
258
256,
subchapter
VII,
part
2
.
Subsequent
priority
shall
be
given
to
applications
for
expanding
existing
career
academies.
Sec.
2526.
Section
258.3,
Code
2023,
is
amended
to
read
as
follows:
258.3
Personnel
Community
colleges
and
post-secondary
readiness
bureau
——
personnel
.
The
director
of
the
department
of
education
shall
appoint
the
bureau
chief
of
the
community
colleges
and
post-secondary
readiness
bureau,
and
the
bureau
chief
shall
direct
the
work
of
personnel
as
necessary
to
carry
out
this
chapter
part
.
Sec.
2527.
Section
258.3A,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
1238
3.
Adopt
rules
prescribing
standards
for
approval
of
school
district
career
and
technical
education
programs;
and
community
colleges
with
career
and
technical
education
programs;
and
practitioner
preparation
schools,
departments,
and
classes,
applying
for
federal
and
state
moneys
under
this
chapter
part
.
Sec.
2528.
Section
258.4,
subsection
10,
Code
2023,
is
amended
to
read
as
follows:
10.
Notwithstanding
the
accreditation
process
contained
in
section
256.11
,
permit
school
districts
that
provide
a
program
which
does
not
meet
the
standards
for
accreditation
for
career
and
technical
education
to
cooperate
with
the
regional
career
and
technical
education
planning
partnership
and
contract
for
an
approved
program
under
this
chapter
part
without
losing
accreditation.
A
school
district
that
fails
to
cooperate
with
the
regional
career
and
technical
education
planning
partnership
and
contract
for
an
approved
program
shall,
however,
be
subject
to
section
256.11
.
Sec.
2529.
Section
258.6,
Code
2023,
is
amended
to
read
as
follows:
258.6
Definitions.
As
used
in
this
chapter
part
:
1.
“Approved
career
and
technical
education
program”
means
a
career
and
technical
education
program
offered
by
a
school
district
or
community
college
and
approved
by
the
department
bureau
which
meets
the
standards
for
career
and
technical
education
programs
adopted
by
the
state
board
under
this
chapter
part
.
2.
“Approved
practitioner
preparation
school,
department,
or
class”
means
a
school,
department,
or
class
approved
by
the
state
board
as
entitled
under
this
chapter
part
to
federal
moneys
for
the
training
of
teachers
of
career
and
technical
education
subjects.
3.
“Approved
regional
career
and
technical
education
planning
partnership”
means
a
regional
entity
that
meets
the
standards
for
regional
career
and
technical
education
planning
partnerships
adopted
by
the
state
board
pursuant
to
section
258.3A
and
section
258.14
.
4.
“Career
academy”
means
a
career
academy
established
under
section
258.15
.
Senate
File
514,
p.
1239
5.
“Career
and
technical
education
service
area”
means
any
one
of
the
service
areas
specified
in
section
256.11,
subsection
5
,
paragraph
“h”
.
6.
“Department”
means
the
department
of
education.
7.
“Director”
means
the
director
of
the
department
of
education.
8.
6.
“Sector
partnership”
means
a
regional
industry
sector
partnership
established
pursuant
to
section
260H.7B
.
9.
7.
“State
board”
means
the
state
board
for
career
and
technical
education
as
provided
in
section
258.2
.
10.
8.
“Work-based
learning”
means
opportunities
and
experiences
that
include
but
are
not
limited
to
tours,
job
shadowing,
rotations,
mentoring,
entrepreneurship,
service
learning,
internships,
and
apprenticeships.
11.
9.
“Work-based
learning
intermediary
network”
means
the
statewide
work-based
learning
intermediary
network
established
pursuant
to
section
256.40
.
Sec.
2530.
Section
258.9,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
board
of
directors
of
a
school
district
or
community
college
that
maintains
a
career
and
technical
education
program
receiving
federal
or
state
funds
under
this
chapter
part
shall,
as
a
condition
of
approval
by
the
state
board,
appoint
a
local
advisory
council
for
each
career
and
technical
education
program
offered
by
the
school
district
or
community
college.
However,
a
school
district
and
a
community
college
that
maintain
a
career
and
technical
education
program
receiving
federal
or
state
funds
may
create
a
joint
local
advisory
council.
The
membership
of
each
local
advisory
council
shall
consist
of
public
members
with
expertise
in
the
occupation
or
occupational
field
related
to
the
career
and
technical
education
program.
The
local
advisory
council
shall
give
advice
and
assistance
to
the
board
of
directors,
administrators,
and
instructors
in
the
establishment
and
maintenance
of
the
career
and
technical
education
program.
Sec.
2531.
Section
258.11,
Code
2023,
is
amended
to
read
as
follows:
258.11
Salary
and
expenses
for
administration.
The
director
may
make
expenditures
for
salaries
and
other
Senate
File
514,
p.
1240
expenses
as
necessary
to
the
proper
administration
of
this
chapter
part
.
Sec.
2532.
Section
260C.14,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Determine
the
curriculum
to
be
offered
in
such
school
or
college
subject
to
approval
of
the
director
and
ensure
that
all
career
and
technical
education
offerings
are
competency-based,
provide
any
minimum
competencies
required
by
the
department
of
education,
comply
with
any
applicable
requirements
in
chapter
258
256,
subchapter
VII,
part
2
,
and
are
articulated
with
local
school
district
career
and
technical
education
programs.
If
an
existing
private
educational
institution
or
an
existing
vocational
institution
offering
a
career
and
technical
education
program
within
the
merged
area
has
facilities
and
curriculum
of
adequate
size
and
quality
which
would
duplicate
the
functions
of
the
area
school,
the
board
of
directors
shall
discuss
with
the
institution
the
possibility
of
entering
into
contracts
to
have
the
existing
institution
offer
facilities
and
curriculum
to
students
of
the
merged
area.
The
board
of
directors
shall
consider
any
proposals
submitted
by
the
private
institution
for
providing
such
facilities
and
curriculum.
The
board
of
directors
may
enter
into
such
contracts.
In
approving
curriculum,
the
director
shall
ascertain
that
all
courses
and
programs
submitted
for
approval
are
needed
and
that
the
curriculum
being
offered
by
an
area
school
does
not
duplicate
programs
provided
by
existing
public
or
private
facilities
in
the
area.
In
determining
whether
duplication
would
actually
exist,
the
director
shall
consider
the
needs
of
the
area
and
consider
whether
the
proposed
programs
are
competitive
as
to
size,
quality,
tuition,
purposes,
and
area
coverage
with
existing
public
and
private
educational
or
vocational
institutions
within
the
merged
area.
If
the
board
of
directors
of
the
merged
area
chooses
not
to
enter
into
contracts
with
private
institutions
under
this
subsection
,
the
board
shall
submit
a
list
of
reasons
why
contracts
to
avoid
duplication
were
not
entered
into
and
an
economic
impact
statement
relating
to
the
board’s
decision.
Sec.
2533.
Section
598.21B,
subsection
2,
paragraph
e,
subparagraph
(1),
subparagraph
division
(c),
Code
2023,
is
Senate
File
514,
p.
1241
amended
to
read
as
follows:
(c)
The
parent
is
attending
a
career
and
technical
education
program
approved
pursuant
to
chapter
258
256,
subchapter
VII,
part
2
.
Sec.
2534.
EMERGENCY
RULES.
The
state
board
of
education
may
adopt
emergency
rules
under
section
17A.4,
subsection
3,
and
section
17A.5,
subsection
2,
paragraph
“b”,
to
implement
the
provisions
of
this
division
of
this
Act
pertaining
to
the
community
colleges
and
post-secondary
readiness
bureau
and
the
rules
shall
be
effective
immediately
upon
filing
unless
a
later
date
is
specified
in
the
rules.
Any
rules
adopted
in
accordance
with
this
section
shall
also
be
published
as
a
notice
of
intended
action
as
provided
in
section
17A.4.
Sec.
2535.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
258.1
to
section
256.126.
b.
Section
258.2
to
section
256.127.
c.
Section
258.3
to
section
256.128.
d.
Section
258.3A
to
section
256.129.
e.
Section
258.4
to
section
256.130.
f.
Section
258.5
to
section
256.131.
g.
Section
258.6
to
section
256.125.
h.
Section
258.9
to
section
256.132.
i.
Section
258.10
to
section
256.133.
j.
Section
258.11
to
section
256.134.
k.
Section
258.12
to
section
256.135.
l.
Section
258.14
to
section
256.136.
m.
Section
258.15
to
section
256.137.
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.
3.
The
Code
editor
may
designate
sections
256.125
through
256.137,
as
amended
or
enacted
in
this
division
of
this
Act,
as
new
part
2
entitled
“Community
Colleges
and
Post-Secondary
Readiness
Bureau”
within
the
subchapter
entitled
“Higher
Education
Division”
as
enacted
by
another
division
of
this
Act.
Sec.
2536.
TRANSITION
PROVISIONS.
1.
Any
contract
issued
or
entered
into
by
the
state
board
Senate
File
514,
p.
1242
of
education
or
the
department
of
education
relating
to
the
provisions
of
chapter
258,
in
effect
on
the
effective
date
of
this
division
of
this
Act,
shall
continue
in
full
force
and
effect
pending
transfer
of
such
contract
to
the
higher
education
division
of
the
department
of
education.
2.
All
employees
of
the
department
of
education
who
work
under
the
career
and
technical
education
program
established
pursuant
to
chapter
258
shall
be
considered
employees
of
the
community
colleges
and
post-secondary
readiness
bureau
of
the
higher
education
division
of
the
department
of
education
on
the
effective
date
of
this
division
of
this
Act
without
incurring
any
loss
in
salary,
benefits,
or
accrued
years
of
service.
BOARD
OF
EDUCATIONAL
EXAMINERS
Sec.
2537.
Section
20.17,
subsection
10,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
In
the
absence
of
an
impasse
agreement
negotiated
pursuant
to
section
20.19
which
provides
for
a
different
completion
date,
public
employees
represented
by
a
certified
employee
organization
who
are
teachers
licensed
under
chapter
272
256,
subchapter
VII,
part
3,
and
who
are
employed
by
a
public
employer
which
is
a
school
district
or
area
education
agency
shall
complete
the
negotiation
of
a
proposed
collective
bargaining
agreement
not
later
than
May
31
of
the
year
when
the
agreement
is
to
become
effective.
The
board
shall
provide,
by
rule,
a
date
on
which
impasse
items
in
such
cases
must
be
submitted
to
binding
arbitration
and
for
such
other
procedures
as
deemed
necessary
to
provide
for
the
completion
of
negotiations
of
proposed
collective
bargaining
agreements
not
later
than
May
31.
The
date
selected
for
the
mandatory
submission
of
impasse
items
to
binding
arbitration
in
such
cases
shall
be
sufficiently
in
advance
of
May
31
to
ensure
that
the
arbitrator’s
award
can
be
reasonably
made
by
May
31.
Sec.
2538.
Section
20.19,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
As
the
first
step
in
the
performance
of
their
duty
to
bargain,
the
public
employer
and
the
employee
organization
shall
endeavor
to
agree
upon
impasse
procedures.
Such
agreement
shall
provide
for
implementation
of
these
impasse
procedures
not
later
than
one
hundred
twenty
days
prior
to
the
certified
Senate
File
514,
p.
1243
budget
submission
date
of
the
public
employer.
However,
if
public
employees
represented
by
the
employee
organization
are
teachers
licensed
under
chapter
272
256,
subchapter
VII,
part
3
,
and
the
public
employer
is
a
school
district
or
area
education
agency,
the
agreement
shall
provide
for
implementation
of
impasse
procedures
not
later
than
one
hundred
twenty
days
prior
to
May
31
of
the
year
when
the
collective
bargaining
agreement
is
to
become
effective.
If
the
public
employer
is
a
community
college,
the
agreement
shall
provide
for
implementation
of
impasse
procedures
not
later
than
one
hundred
twenty
days
prior
to
May
31
of
the
year
when
the
collective
bargaining
agreement
is
to
become
effective.
If
the
public
employer
is
not
subject
to
the
budget
certification
requirements
of
section
24.17
and
other
applicable
sections,
the
agreement
shall
provide
for
implementation
of
impasse
procedures
not
later
than
one
hundred
twenty
days
prior
to
the
date
the
next
fiscal
or
budget
year
of
the
public
employer
commences.
If
the
parties
fail
to
agree
upon
impasse
procedures
under
the
provisions
of
this
section
,
the
impasse
procedures
provided
in
sections
20.20
and
20.22
shall
apply.
Sec.
2539.
Section
20.20,
Code
2023,
is
amended
to
read
as
follows:
20.20
Mediation.
In
the
absence
of
an
impasse
agreement
negotiated
pursuant
to
section
20.19
or
the
failure
of
either
party
to
utilize
its
procedures,
one
hundred
twenty
days
prior
to
the
certified
budget
submission
date,
or
one
hundred
twenty
days
prior
to
May
31
of
the
year
when
the
collective
bargaining
agreement
is
to
become
effective
if
public
employees
represented
by
the
employee
organization
are
teachers
licensed
under
chapter
272
256,
subchapter
VII,
part
3,
and
the
public
employer
is
a
school
district
or
area
education
agency,
the
board
shall,
upon
the
request
of
either
party,
appoint
an
impartial
and
disinterested
person
to
act
as
mediator.
If
the
public
employer
is
a
community
college,
and
in
the
absence
of
an
impasse
agreement
negotiated
pursuant
to
section
20.19
or
the
failure
of
either
party
to
utilize
its
procedures,
one
hundred
twenty
days
prior
to
May
31
of
the
year
when
the
collective
bargaining
agreement
is
to
become
effective,
the
board,
upon
the
request
of
either
Senate
File
514,
p.
1244
party,
shall
appoint
an
impartial
and
disinterested
person
to
act
as
mediator.
If
the
public
employer
is
not
subject
to
the
budget
certification
requirements
of
section
24.17
or
other
applicable
sections
and
in
the
absence
of
an
impasse
agreement
negotiated
pursuant
to
section
20.19
,
or
the
failure
of
either
party
to
utilize
its
procedures,
one
hundred
twenty
days
prior
to
the
date
the
next
fiscal
or
budget
year
of
the
public
employer
commences,
the
board,
upon
the
request
of
either
party,
shall
appoint
an
impartial
and
disinterested
person
to
act
as
a
mediator.
It
shall
be
the
function
of
the
mediator
to
bring
the
parties
together
to
effectuate
a
settlement
of
the
dispute,
but
the
mediator
may
not
compel
the
parties
to
agree.
Sec.
2540.
Section
235A.15,
subsection
2,
paragraph
e,
subparagraph
(9),
Code
2023,
is
amended
to
read
as
follows:
(9)
To
the
board
of
educational
examiners
created
under
chapter
272
256
for
purposes
of
determining
whether
a
license,
certificate,
or
authorization
should
be
issued,
denied,
or
revoked.
Sec.
2541.
Section
235B.6,
subsection
2,
paragraph
e,
subparagraph
(13),
Code
2023,
is
amended
to
read
as
follows:
(13)
To
the
board
of
educational
examiners
created
under
chapter
272
256
for
purposes
of
determining
whether
a
license,
certificate,
or
authorization
should
be
issued,
denied,
or
revoked.
Sec.
2542.
Section
256.7,
subsection
26,
paragraph
a,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
The
rules
shall
allow
a
school
district
or
accredited
nonpublic
school
to
award
high
school
credit
to
an
enrolled
student
upon
the
demonstration
of
required
competencies
for
a
course
or
content
area,
as
approved
by
a
teacher
licensed
under
chapter
272
subchapter
VII,
part
3
.
The
school
district
or
accredited
nonpublic
school
shall
determine
the
assessment
methods
by
which
a
student
demonstrates
sufficient
evidence
of
the
required
competencies.
Sec.
2543.
Section
256.7,
subsection
32,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
Rules
adopted
pursuant
to
this
subsection
shall
require
that
online
learning
coursework
offered
by
school
districts,
accredited
nonpublic
schools,
and
area
education
agencies
be
Senate
File
514,
p.
1245
rigorous,
high-quality,
aligned
with
the
Iowa
core
and
core
content
requirements
and
standards
and
the
national
standards
of
quality
for
online
courses
issued
by
an
internationally
recognized
association
for
kindergarten
through
grade
twelve
online
learning,
and
taught
by
a
teacher
licensed
under
chapter
272
subchapter
VII,
part
3,
who
has
specialized
training
or
experience
in
online
learning,
including
but
not
limited
to
an
online-learning-for-Iowa-educators-professional-development
project
offered
by
area
education
agencies,
a
teacher
preservice
program,
or
comparable
coursework.
Sec.
2544.
Section
256.9,
subsection
55,
Code
2023,
is
amended
to
read
as
follows:
55.
Develop
and
maintain
a
list
of
approved
online
providers
that
provide
course
content
through
an
online
learning
platform
taught
by
a
teacher
licensed
under
chapter
272
subchapter
VII,
part
3,
who
has
specialized
training
or
experience
in
online
learning
including
but
not
limited
to
an
online-learning-for-Iowa-educators-professional-development
project
offered
by
area
education
agencies,
a
teacher
preservice
program,
or
comparable
coursework,
and
whose
online
learning
coursework
meets
the
requirements
established
by
rule
pursuant
to
section
256.7,
subsection
32
,
paragraph
“c”
.
Providers
shall
apply
for
approval
annually
or
as
determined
by
the
department.
Sec.
2545.
Section
256.11,
subsections
9,
9A,
and
9B,
Code
2023,
are
amended
to
read
as
follows:
9.
Beginning
July
1,
2006,
each
school
district
shall
have
a
qualified
teacher
librarian
who
shall
be
licensed
by
the
board
of
educational
examiners
under
chapter
272
subchapter
VII,
part
3
.
The
state
board
shall
establish
in
rule
a
definition
of
and
standards
for
an
articulated
sequential
kindergarten
through
grade
twelve
media
program.
A
school
district
that
entered
into
a
contract
with
an
individual
for
employment
as
a
media
specialist
or
librarian
prior
to
June
1,
2006,
shall
be
considered
to
be
in
compliance
with
this
subsection
until
June
30,
2011,
if
the
individual
is
making
annual
progress
toward
meeting
the
requirements
for
a
teacher
librarian
endorsement
issued
by
the
board
of
educational
examiners
under
chapter
272
subchapter
VII,
part
3
.
A
school
district
that
entered
into
a
Senate
File
514,
p.
1246
contract
with
an
individual
for
employment
as
a
media
specialist
or
librarian
who
holds
at
least
a
master’s
degree
in
library
and
information
studies
shall
be
considered
to
be
in
compliance
with
this
subsection
until
the
individual
leaves
the
employ
of
the
school
district.
9A.
Beginning
July
1,
2007,
each
school
district
shall
have
a
qualified
guidance
counselor
who
shall
be
licensed
by
the
board
of
educational
examiners
under
chapter
272
subchapter
VII,
part
3
.
Each
school
district
shall
work
toward
the
goal
of
having
one
qualified
guidance
counselor
for
every
three
hundred
fifty
students
enrolled
in
the
school
district.
The
state
board
shall
establish
in
rule
a
definition
of
and
standards
for
an
articulated
sequential
kindergarten
through
grade
twelve
guidance
and
counseling
program.
9B.
Beginning
July
1,
2007,
each
school
district
shall
have
a
school
nurse
to
provide
health
services
to
its
students.
Each
school
district
shall
work
toward
the
goal
of
having
one
school
nurse
for
every
seven
hundred
fifty
students
enrolled
in
the
school
district.
For
purposes
of
this
subsection
,
“school
nurse”
means
a
person
who
holds
an
endorsement
or
a
statement
of
professional
recognition
for
school
nurses
issued
by
the
board
of
educational
examiners
under
chapter
272
subchapter
VII,
part
3
.
Sec.
2546.
Section
256.11,
subsection
17,
paragraph
a,
subparagraph
(1),
subparagraph
division
(a),
Code
2023,
is
amended
to
read
as
follows:
(a)
The
school
district
or
accredited
nonpublic
school
makes
every
reasonable
and
good
faith
effort
to
employ
a
teacher
licensed
under
chapter
272
subchapter
VII,
part
3,
for
the
specified
subject
and
is
unable
to
employ
such
a
teacher.
Sec.
2547.
Section
256.11,
subsection
17,
paragraph
c,
subparagraphs
(1)
and
(3),
Code
2023,
are
amended
to
read
as
follows:
(1)
An
online
learning
platform
if
the
course
is
developed
by
the
school
district
or
accredited
nonpublic
school
itself
or
is
developed
by
a
partnership
or
consortium
of
schools
that
have
developed
the
course
individually
or
cooperatively,
provided
the
course
is
taught
and
supervised
by
a
teacher
licensed
under
chapter
272
subchapter
VII,
part
3,
who
has
online
learning
Senate
File
514,
p.
1247
experience
and
the
course
content
meets
the
requirements
established
by
rule
pursuant
to
section
256.7,
subsection
32
,
paragraph
“c”
.
A
partnership
or
consortium
of
schools
may
include
two
or
more
school
districts
or
accredited
nonpublic
schools,
or
any
combination
thereof.
(3)
An
online
learning
platform
offered,
subject
to
the
initial
availability
of
federal
funds,
by
the
department
in
collaboration
with
one
or
more
area
education
agencies
or
in
partnership
with
school
districts
and
accredited
nonpublic
schools.
The
online
learning
platform
may
deliver
distance
education
to
students,
including
students
receiving
competent
private
instruction
under
chapter
299A
,
provided
such
students
register
with
the
school
district
of
residence
and
the
coursework
offered
by
the
online
learning
platform
is
taught
and
supervised
by
a
teacher
licensed
under
chapter
272
subchapter
VII,
part
3,
who
has
online
learning
experience
and
the
course
content
meets
the
requirements
established
by
rule
pursuant
to
section
256.7,
subsection
32
,
paragraph
“c”
.
The
department
and
the
area
education
agencies
operating
online
learning
programs
pursuant
to
section
273.16
shall
coordinate
to
ensure
the
most
effective
use
of
resources
and
delivery
of
services.
Federal
funds,
if
available,
may
be
used
to
offset
what
would
otherwise
be
costs
to
school
districts
for
participation
in
the
program.
Sec.
2548.
Section
256.16,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
A
person
initially
applying
for
a
license
shall
successfully
complete
a
practitioner
preparation
program
approved
under
section
256.7,
subsection
3
,
and
containing
the
subject
matter
specified
in
this
section
,
before
the
initial
action
by
the
board
of
educational
examiners
under
chapter
272
subchapter
VII,
part
3,
takes
place.
Sec.
2549.
Section
256.41,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Online
learning
curricula
shall
be
provided
and
supervised
by
a
teacher
licensed
under
chapter
272
subchapter
VII,
part
3
.
Sec.
2550.
Section
256.43,
subsection
1,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
1248
d.
High-quality
online
instruction
taught
by
teachers
licensed
under
chapter
272
subchapter
VII,
part
3
.
Sec.
2551.
Section
256.43,
subsection
2,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
At
the
discretion
of
the
school
board
or
authorities
in
charge
of
an
accredited
nonpublic
school,
after
consideration
of
circumstances
created
by
necessity,
convenience,
and
cost-effectiveness,
courses
developed
by
private
providers
may
be
utilized
by
the
school
district
or
school
in
implementing
a
high-quality
online
learning
program.
Courses
obtained
from
private
providers
shall
be
taught
by
teachers
licensed
under
chapter
272
subchapter
VII,
part
3
.
Sec.
2552.
Section
256.43,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Grading.
Grades
in
online
courses
shall
be
based,
at
a
minimum,
on
whether
a
student
mastered
the
subject,
demonstrated
competency,
and
met
the
standards
established
by
the
school
district.
Grades
shall
be
conferred
only
by
teachers
licensed
under
chapter
272
subchapter
VII,
part
3
.
Sec.
2553.
Section
256C.3,
subsection
2,
paragraph
a,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
The
individual
is
appropriately
licensed
under
chapter
272
256,
subchapter
VII,
part
3,
and
meets
requirements
under
chapter
284
.
Sec.
2554.
Section
256E.7,
subsection
4,
paragraph
b,
subparagraphs
(1),
(2),
and
(3),
Code
2023,
are
amended
to
read
as
follows:
(1)
An
administrator
who
holds
a
valid
license
under
chapter
272
256,
subchapter
VII,
part
3
.
(2)
A
teacher
who
holds
a
valid
license
under
chapter
272
256,
subchapter
VII,
part
3
.
(3)
An
individual
who
holds
an
authorization
to
be
a
charter
school
administrator
issued
by
the
board
of
educational
examiners
under
chapter
272
256,
subchapter
VII,
part
3
.
The
board
of
educational
examiners
shall
adopt
rules
for
the
issuance
of
such
authorizations
not
later
than
December
31,
2021,
and
such
authorizations
shall
only
be
valid
for
service
or
employment
as
a
charter
school
administrator.
Sec.
2555.
Section
257.11,
subsection
3,
paragraph
c,
Senate
File
514,
p.
1249
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
The
school
district
has
made
every
reasonable
and
good
faith
effort
to
employ
a
teacher
licensed
under
chapter
272
256,
subchapter
VII,
part
3,
for
the
science
or
mathematics
unit,
as
applicable,
and
is
unable
to
employ
such
a
teacher.
For
purposes
of
this
paragraph
“c”
,
“good
faith
effort”
means
the
same
as
defined
in
section
279.19A,
subsection
9
.
Sec.
2556.
Section
260C.48,
subsection
1,
paragraph
a,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
For
purposes
of
subparagraph
(1),
subparagraph
divisions
(b)
and
(c),
if
the
instructor
is
a
licensed
practitioner
who
holds
a
career
and
technical
endorsement
under
chapter
272
256,
subchapter
VII,
part
3
,
relevant
work
experience
in
the
occupational
area
includes
but
is
not
limited
to
classroom
instruction
in
a
career
and
technical
education
subject
area
offered
by
a
school
district
or
accredited
nonpublic
school.
Sec.
2557.
Section
261.1,
subsection
2,
paragraph
d,
subparagraph
(5),
Code
2023,
is
amended
to
read
as
follows:
(5)
One
member
shall
represent
practitioners
licensed
under
chapter
272
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.
Sec.
2558.
Section
261E.4,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
A
school
district
shall
ensure
that
advanced
placement
course
teachers
or
instructors
are
appropriately
licensed
by
the
board
of
educational
examiners
in
accordance
with
chapter
272
256,
subchapter
VII,
part
3,
and
meet
the
minimum
certification
requirements
of
the
national
organization
that
administers
the
advanced
placement
program.
Sec.
2559.
Section
261H.2,
subsection
3,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
If
it
is
determined,
after
exhaustion
of
all
available
administrative
and
judicial
appeals,
that
a
faculty
member
knowingly
and
intentionally
restricts
the
protected
speech
or
otherwise
penalizes
a
student
in
violation
of
this
subsection
,
the
faculty
member
shall
be
subject
to
discipline
by
the
institution
through
the
normal
disciplinary
processes
of
the
Senate
File
514,
p.
1250
institution,
and
such
discipline
may
include
termination
depending
on
the
totality
of
the
facts.
If
the
faculty
member
is
licensed
by
the
board
of
educational
examiners
under
chapter
272
256,
subchapter
VII,
part
3
,
the
board
of
educational
examiners
shall
conduct
a
hearing
pursuant
to
section
272.13
,
and
the
faculty
member
may
be
subject
to
disciplinary
action
by
the
board.
Sec.
2560.
Section
272.1,
Code
2023,
is
amended
to
read
as
follows:
272.1
Definitions.
As
used
in
this
part,
unless
the
context
otherwise
requires:
1.
“Administrator”
means
a
person
who
is
licensed
to
coordinate,
supervise,
or
direct
an
educational
program
or
the
activities
of
other
practitioners.
2.
“Board”
means
the
board
of
educational
examiners.
3.
“Certificate”
means
limited
recognition
to
perform
instruction
and
instruction-related
duties
in
school,
other
than
those
duties
for
which
practitioners
are
licensed.
A
certificate
is
nonexclusive
recognition
and
does
not
confer
the
exclusive
authority
of
a
license.
4.
“Department”
means
the
state
department
of
education.
5.
4.
“License”
means
the
authority
that
is
given
to
allow
a
person
to
legally
serve
as
a
practitioner,
a
school,
an
institution,
or
a
course
of
study
to
legally
offer
professional
development
programs,
other
than
those
programs
offered
by
practitioner
preparation
schools,
institutions,
courses
of
study,
or
area
education
agencies.
A
license
is
the
exclusive
authority
to
perform
these
functions.
6.
5.
“Offense
directly
relates”
refers
to
either
of
the
following:
a.
The
actions
taken
in
furtherance
of
an
offense
are
actions
customarily
performed
within
the
scope
of
practice
of
a
licensed
profession.
b.
The
circumstances
under
which
an
offense
was
committed
are
circumstances
customary
to
a
licensed
profession.
7.
6.
“Para-educator”
means
a
person
who
is
certified
to
assist
a
teacher
in
the
performance
of
instructional
tasks
to
support
and
assist
classroom
instruction
and
related
school
activities.
Senate
File
514,
p.
1251
8.
7.
“Practitioner”
means
an
administrator,
teacher,
or
other
licensed
professional,
including
an
individual
who
holds
a
statement
of
professional
recognition,
who
provides
educational
assistance
to
students.
9.
8.
“Practitioner
preparation
program”
means
a
program
approved
by
the
state
board
of
education
which
prepares
a
person
to
obtain
a
license
as
a
practitioner.
10.
9.
“Principal”
means
a
licensed
member
of
a
school’s
instructional
staff
who
serves
as
an
instructional
leader,
coordinates
the
process
and
substance
of
educational
and
instructional
programs,
coordinates
the
budget
of
the
school,
provides
formative
evaluation
for
all
practitioners
and
other
persons
in
the
school,
recommends
or
has
effective
authority
to
appoint,
assign,
promote,
or
transfer
personnel
in
a
school
building,
implements
the
local
school
board’s
policy
in
a
manner
consistent
with
professional
practice
and
ethics,
and
assists
in
the
development
and
supervision
of
a
school’s
student
activities
program.
11.
10.
“Professional
development
program”
means
a
course
or
program
which
is
offered
by
a
person
or
agency
for
the
purpose
of
providing
continuing
education
for
the
renewal
or
upgrading
of
a
practitioner’s
license.
12.
11.
“School”
means
a
school
under
section
280.2
,
an
area
education
agency,
and
a
school
operated
by
a
state
agency
for
special
purposes.
13.
12.
“School
administration
manager”
means
a
person
who
is
authorized
to
assist
a
school
principal
in
performing
noninstructional
administrative
duties.
14.
13.
“School
service
personnel”
means
those
persons
holding
a
practitioner’s
license
who
provide
support
services
for
a
student
enrolled
in
school
or
to
practitioners
employed
in
a
school.
15.
14.
“Student”
means
a
person
who
is
enrolled
in
a
course
of
study
at
a
school
or
practitioner
preparation
program,
or
who
is
receiving
direct
or
indirect
assistance
from
a
practitioner.
16.
15.
“Superintendent”
means
an
administrator
who
promotes,
demotes,
transfers,
assigns,
or
evaluates
practitioners
or
other
personnel,
and
carries
out
the
policies
Senate
File
514,
p.
1252
of
a
governing
board
in
a
manner
consistent
with
professional
practice
and
ethics.
17.
16.
“Teacher”
means
a
licensed
member
of
a
school’s
instructional
staff
who
diagnoses,
prescribes,
evaluates,
and
directs
student
learning
in
a
manner
which
is
consistent
with
professional
practice
and
school
objectives,
shares
responsibility
for
the
development
of
an
instructional
program
and
any
coordinating
activities,
evaluates
or
assesses
student
progress
before
and
after
instruction,
and
who
uses
the
student
evaluation
or
assessment
information
to
promote
additional
student
learning.
18.
17.
“Work-based
learning
program
supervisor”
means
a
person
who
is
certified
pursuant
to
section
272.16
to
supervise
students’
opportunities
and
experiences
related
to
workplace
tours,
job
shadowing,
rotations,
mentoring,
entrepreneurship,
service
learning,
internships,
and
apprenticeships.
Sec.
2561.
Section
272.2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
board
of
educational
examiners
is
created
within
the
higher
education
division
of
the
department
of
education
to
exercise
the
exclusive
authority
to:
Sec.
2562.
Section
272.2,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
License
practitioners,
which
includes
the
authority
to
establish
do
all
of
the
following:
(1)
Establish
criteria
for
the
licenses
;
establish
.
(2)
Establish
issuance
and
renewal
requirements,
provided
that
a
continuing
education
requirement
may
be
completed
by
electronic
means
;
create
.
(3)
Create
application
and
renewal
forms
;
create
.
(4)
Create
licenses
that
authorize
different
instructional
functions
or
specialties
;
develop
.
(5)
Develop
a
code
of
professional
rights
and
responsibilities,
practices,
and
ethics,
which
shall,
among
other
things,
address
the
all
of
the
following:
(a)
The
failure
of
a
practitioner
to
fulfill
contractual
obligations
under
section
279.13
,
the
.
In
addressing
the
failure
of
a
practitioner
to
fulfill
contractual
obligations,
the
board
shall
consider
factors
beyond
the
practitioner’s
Senate
File
514,
p.
1253
control.
(b)
The
failure
of
an
administrator
to
protect
the
safety
of
staff
and
students
,
the
.
(c)
The
failure
of
an
administrator
to
meet
mandatory
reporter
obligations
,
the
.
(d)
The
refusal
of
a
practitioner
to
implement
provisions
of
an
individualized
education
program
or
behavioral
intervention
plan
,
and
habitual
.
(e)
Habitual
nonparticipation
in
professional
development
;
and
develop
.
(f)
The
development
of
any
other
classifications,
distinctions,
and
procedures
which
may
be
necessary
to
exercise
licensing
duties.
In
addressing
the
failure
of
a
practitioner
to
fulfill
contractual
obligations,
the
board
shall
consider
factors
beyond
the
practitioner’s
control.
Sec.
2563.
Section
272.2,
subsections
4
and
24,
Code
2023,
are
amended
to
read
as
follows:
4.
Enforce
rules
adopted
by
the
board
through
revocation
or
suspension
of
a
license,
or
by
other
disciplinary
action
against
a
practitioner
or
professional
development
program
licensed
by
the
board
of
educational
examiners
.
The
board
shall
designate
who
may
or
shall
initiate
a
licensee
disciplinary
investigation
and
a
licensee
disciplinary
proceeding,
and
who
shall
prosecute
a
disciplinary
proceeding
and
under
what
conditions,
and
shall
state
the
procedures
for
review
by
the
board
of
findings
of
fact
if
a
majority
of
the
board
does
not
hear
the
disciplinary
proceeding.
However,
in
a
case
alleging
failure
of
a
practitioner
to
fulfill
contractual
obligations,
the
person
who
files
a
complaint
with
the
board,
or
the
complainant’s
designee,
shall
represent
the
complainant
in
a
disciplinary
hearing
conducted
in
accordance
with
this
chapter
part
.
24.
By
August
1,
2021,
adopt
rules
pursuant
to
chapter
17A
,
developed
in
consultation
with
the
department,
establishing
a
statement
of
professional
recognition
for
behavior
analysts
licensed
under
chapter
154D
.
Sec.
2564.
Section
272.2,
subsection
7,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2565.
Section
272.2,
subsection
14,
paragraph
d,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
1254
d.
An
applicant
for
a
license
or
certificate
under
this
chapter
part
shall
demonstrate
that
the
requirements
of
the
license
or
certificate
have
been
met
and
the
burden
of
proof
shall
be
on
the
applicant.
However,
if
the
executive
director
of
the
board
receives
notice
from
the
director
of
the
department
of
education
under
section
256.9,
subsection
17
,
that
an
error
in
the
basic
education
data
survey
submission
resulted
in
an
incorrect
determination
relating
to
licensure
of
a
practitioner,
the
executive
director
shall
initiate
corrective
action
with
the
board
and
the
findings
of
the
director
of
the
department
of
education
shall
be
sufficient
evidence
to
correct
such
error.
Sec.
2566.
Section
272.3,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
board
of
educational
examiners
consists
of
twelve
members.
Two
must
shall
be
members
of
the
general
public,
one
must
shall
be
the
director
of
the
department
of
education
or
the
director’s
designee,
and
the
remaining
nine
members
must
shall
be
licensed
practitioners.
One
of
the
public
members
shall
have
served
on
a
school
board.
The
public
members
shall
never
have
held
a
practitioner’s
license,
but
shall
have
a
demonstrated
interest
in
education.
The
nine
practitioners
shall
be
selected
from
the
following
areas
and
specialties
of
the
teaching
profession:
Sec.
2567.
Section
272.3,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
A
majority
of
the
licensed
practitioner
members
shall
be
nonadministrative
practitioners.
Four
of
the
members
shall
be
administrators.
Membership
of
the
board
shall
comply
with
the
requirements
of
sections
69.16
and
69.16A
.
A
quorum
of
the
board
shall
consist
of
six
members.
Members
shall
elect
a
chairperson
of
the
board.
Members,
except
for
the
director
of
the
department
of
education
or
the
director’s
designee,
shall
be
appointed
by
the
governor
subject
to
confirmation
by
the
senate.
Sec.
2568.
Section
272.4,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Members,
except
for
the
director
of
the
department
of
education
or
the
director’s
designee,
shall
be
appointed
to
serve
staggered
terms
of
four
years.
A
member
shall
not
serve
Senate
File
514,
p.
1255
more
than
two
consecutive
terms,
except
for
the
director
of
the
department
of
education
or
the
director’s
designee,
who
shall
serve
until
the
director’s
term
of
office
expires.
A
member
of
the
board,
except
for
the
two
public
members
and
the
director
of
the
department
of
education
or
the
director’s
designee,
shall
hold
a
valid
practitioner’s
license
during
the
member’s
term
of
office.
A
vacancy
exists
when
any
of
the
following
occur:
Sec.
2569.
Section
272.5,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
governor
director
shall
appoint
an
executive
director
of
the
board
of
educational
examiners
subject
to
confirmation
by
the
senate
.
The
executive
director
shall
possess
a
background
in
education
licensure
and
administrative
experience
and
shall
serve
at
the
pleasure
of
the
governor
.
The
board
of
educational
examiners
director
shall
set
the
salary
of
the
executive
director
within
the
range
established
for
the
position
by
the
general
assembly
.
Sec.
2570.
Section
272.9,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
certificate
which
was
issued
by
the
board
of
educational
examiners
to
a
practitioner
before
July
1,
1989,
continues
to
be
in
force
as
long
as
the
certificate
complies
with
the
rules
and
statutes
in
effect
on
July
1,
1989.
Requirements
for
the
renewal
of
licenses,
under
this
chapter
part
,
do
not
apply
retroactively
to
renewal
of
certificates.
However,
this
section
does
not
limit
the
duties
or
powers
of
a
school
board
to
select
or
discharge
practitioners
or
to
terminate
practitioners’
contracts.
Sec.
2571.
Section
272.9A,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
An
administrator
formerly
employed
by
an
accredited
nonpublic
school
or
formerly
employed
as
an
administrator
in
another
state
or
country
is
exempt
from
the
mentoring
and
induction
requirement
under
subsection
1
if
the
administrator
can
document
two
years
of
successful
administrator
experience
and
meet
or
exceed
the
requirements
contained
in
rules
adopted
pursuant
to
this
chapter
part
for
endorsement
and
licensure.
However,
if
an
administrator
cannot
document
two
years
of
successful
administrator
experience
when
hired
by
a
school
Senate
File
514,
p.
1256
district,
the
administrator
shall
meet
the
requirements
of
subsection
1
.
Sec.
2572.
Section
272.10,
subsections
1,
2,
and
5,
Code
2023,
are
amended
to
read
as
follows:
1.
It
is
the
intent
of
the
general
assembly
that
licensing
fees
established
by
the
board
of
educational
examiners
be
sufficient
to
finance
the
activities
of
the
board
under
this
chapter
part
.
2.
Licensing
fees
are
payable
to
the
treasurer
of
state
and
shall
be
deposited
with
the
executive
director
of
the
board.
The
executive
director
shall
deposit
twenty-five
percent
of
the
fees
collected
annually
with
the
treasurer
of
state
and
the
fees
shall
be
credited
to
the
general
fund
of
the
state.
The
remaining
licensing
fees
collected
during
the
fiscal
year
shall
be
retained
by
and
are
appropriated
to
the
board
for
the
purposes
related
to
the
board’s
duties.
Notwithstanding
section
8.33
,
licensing
fees
retained
by
and
appropriated
to
the
board
pursuant
to
this
section
that
remain
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
expenditure
for
the
activities
of
the
board
as
provided
in
this
chapter
part
until
the
close
of
the
succeeding
fiscal
year.
5.
The
fees
established
by
the
board
for
the
administrative
costs
of
processing
complaints
and
conducting
hearings
pursuant
to
section
272.2,
subsection
23
,
may
include
a
fee
for
personal
service
by
a
sheriff,
a
fee
for
legal
notice
when
placed
in
a
newspaper,
transcription
service
or
court
reporter
fee,
and
other
fees
assessed
as
costs
by
the
board.
The
fees
collected
annually
in
accordance
with
this
subsection
shall
be
retained
by
and
are
appropriated
to
the
board
for
the
purposes
related
to
the
board’s
duties.
Notwithstanding
section
8.33
,
fees
retained
by
and
appropriated
to
the
board
pursuant
to
this
subsection
that
remain
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
expenditure
for
the
activities
of
the
board
as
provided
in
this
chapter
part
until
the
close
of
the
succeeding
fiscal
year.
Sec.
2573.
Section
272.11,
Code
2023,
is
amended
to
read
as
follows:
272.11
Expenditures
and
refunds.
Senate
File
514,
p.
1257
Expenditures
and
refunds
made
by
the
board
under
this
chapter
part
shall
be
certified
by
the
executive
director
of
the
board
to
the
director
of
the
department
of
administrative
services,
and
if
found
correct,
the
director
of
the
department
of
administrative
services
shall
approve
the
expenditures
and
refunds
and
draw
warrants
upon
the
treasurer
of
state
from
the
funds
appropriated
for
that
purpose.
Sec.
2574.
Section
272.12,
Code
2023,
is
amended
to
read
as
follows:
272.12
Para-educator
certificates.
The
board
of
educational
examiners
shall
adopt
rules
pursuant
to
chapter
17A
relating
to
a
voluntary
certification
system
for
para-educators.
The
rules
shall
specify
rights,
responsibilities,
levels,
and
qualifications
for
the
certificate.
Applicants
shall
be
disqualified
for
any
reason
specified
in
section
272.2,
subsection
14
,
or
in
administrative
rule.
Notwithstanding
section
272.2,
subsection
14
,
paragraph
“b”
,
subparagraph
(2),
the
board
may
issue
a
para-educator
certificate
to
a
person
who
is
at
least
eighteen
years
of
age.
A
person
holding
a
para-educator
certificate
shall
not
perform
the
duties
of
a
licensed
practitioner.
A
certificate
issued
pursuant
to
this
chapter
part
shall
not
be
considered
a
teacher
or
administrator
license
for
any
purpose
specified
by
law,
including
the
purposes
specified
under
this
chapter
part
or
chapter
279
.
Sec.
2575.
Section
272.15,
subsections
2
and
4,
Code
2023,
are
amended
to
read
as
follows:
2.
If,
in
the
course
of
performing
official
duties,
an
employee
of
the
department
becomes
aware
of
any
alleged
misconduct
by
an
individual
licensed
under
this
chapter
part
,
the
employee
shall
report
the
alleged
misconduct
to
the
board
of
educational
examiners
under
rules
adopted
pursuant
to
subsection
1
.
4.
If
the
executive
director
of
the
board
verifies
through
a
review
of
official
records
that
a
teacher
who
holds
a
practitioner’s
license
under
this
chapter
part
is
assigned
instructional
duties
for
which
the
teacher
does
not
hold
the
appropriate
license
or
endorsement,
either
by
grade
level
or
subject
area,
by
a
school
district
or
accredited
nonpublic
Senate
File
514,
p.
1258
school,
the
executive
director
may
initiate
a
complaint
against
the
teacher
and
the
administrator
responsible
for
the
inappropriate
assignment
of
instructional
duties.
Sec.
2576.
Section
272.16,
subsections
1,
2,
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
The
board
of
educational
examiners
shall
adopt
rules
pursuant
to
chapter
17A
relating
to
a
certification
system
for
work-based
learning
program
supervisors.
The
rules
shall
specify
rights,
responsibilities,
levels,
and
qualifications
for
the
certificate.
The
certificate
shall
not
require
more
than
fifteen
contact
hours,
which
shall
be
available
over
the
internet
and
which
shall
provide
instruction
related
to
fundamentals
in
career
education,
curriculum,
assessment,
and
the
evaluation
of
student
participation.
2.
Applicants
shall
be
disqualified
for
any
reason
specified
in
section
272.2,
subsection
14
,
or
in
rules
adopted
by
the
board
of
educational
examiners
.
3.
A
certificate
issued
pursuant
to
this
section
shall
not
be
considered
a
teacher
or
administrator
license
for
any
purpose
specified
by
law,
including
the
purposes
specified
under
this
chapter
part
or
chapter
279
.
Sec.
2577.
Section
272.20,
Code
2023,
is
amended
to
read
as
follows:
272.20
National
certification.
The
board
of
educational
examiners
shall
review
the
standards
for
teacher’s
certificates
adopted
by
the
national
board
for
professional
teaching
standards,
a
nonprofit
corporation
created
as
a
result
of
recommendations
of
the
task
force
on
teaching
as
a
profession
of
the
Carnegie
forum
on
education
and
the
economy.
In
those
cases
in
which
the
standards
required
by
the
national
board
for
an
Iowa
endorsement
or
license
meet
or
exceed
the
requirements
contained
in
rules
adopted
under
this
chapter
part
for
that
endorsement
or
license,
the
board
of
educational
examiners
shall
issue
endorsements
or
licenses
to
holders
of
certificates
issued
by
the
national
board
who
request
the
endorsement
or
license.
Sec.
2578.
Section
272.28,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
A
teacher
from
an
accredited
nonpublic
school
or
another
Senate
File
514,
p.
1259
state
or
country
is
exempt
from
the
requirement
of
subsection
1
if
the
teacher
can
document
three
years
of
successful
teaching
experience
and
meet
or
exceed
the
requirements
contained
in
rules
adopted
under
this
chapter
part
for
endorsement
and
licensure.
Sec.
2579.
Section
272.29,
Code
2023,
is
amended
to
read
as
follows:
272.29
Annual
administrative
rules
review
——
triennial
report.
The
executive
director
of
the
board
shall
annually
review
the
administrative
rules
adopted
pursuant
to
this
chapter
part
and
related
state
laws.
The
executive
director
shall
submit
the
executive
director’s
findings
and
recommendations
in
a
report
every
three
years
to
the
board
and
the
general
assembly
by
January
15.
Sec.
2580.
Section
272C.15,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Notwithstanding
any
other
provision
of
law
to
the
contrary,
except
for
chapter
272
256,
subchapter
VII,
part
3
,
a
person’s
conviction
of
a
crime
may
be
grounds
for
the
denial,
revocation,
or
suspension
of
a
license
only
if
an
unreasonable
risk
to
public
safety
exists
because
the
offense
directly
relates
to
the
duties
and
responsibilities
of
the
profession
and
the
appropriate
licensing
board,
agency,
or
department
does
not
grant
an
exception
pursuant
to
subsection
4
.
Sec.
2581.
Section
273.3,
subsections
11
and
25,
Code
2023,
are
amended
to
read
as
follows:
11.
Employ
personnel
to
carry
out
the
functions
of
the
area
education
agency
which
shall
include
the
employment
of
an
administrator
who
shall
possess
a
license
issued
under
chapter
272
256,
subchapter
VII,
part
3
.
The
administrator
shall
be
employed
pursuant
to
section
279.20
and
sections
279.23
,
279.24
,
and
279.25
.
The
salary
for
an
area
education
agency
administrator
shall
be
established
by
the
board
based
upon
the
previous
experience
and
education
of
the
administrator.
Section
279.13
applies
to
the
area
education
agency
board
and
to
all
teachers
employed
by
the
area
education
agency.
Sections
279.23
,
279.24
,
and
279.25
apply
to
the
area
education
board
and
to
all
administrators
employed
by
the
area
education
agency.
Senate
File
514,
p.
1260
Section
279.69
applies
to
the
area
education
agency
board
and
employees
of
the
board,
including
part-time,
substitute,
or
contract
employees,
who
provide
services
to
a
school
or
school
district.
25.
Require,
by
July
1,
2024,
any
person
employed
by
the
area
education
agency
who
holds
a
license,
certificate,
statement
of
recognition,
or
authorization
other
than
a
coaching
authorization,
issued
by
the
board
of
educational
examiners
under
chapter
272
256,
subchapter
VII,
part
3
,
to
complete
the
Iowa
reading
research
center
dyslexia
overview
module.
Such
persons
employed
after
July
1,
2024,
shall
complete
the
module
within
one
year
of
the
employee’s
initial
date
of
hire.
Sec.
2582.
Section
279.13,
subsection
1,
paragraph
b,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
Prior
to
entering
into
an
initial
contract
with
a
teacher
who
holds
a
license
other
than
an
initial
license
issued
by
the
board
of
educational
examiners
under
chapter
272
256,
subchapter
VII,
part
3
,
the
school
district
shall
initiate
a
state
criminal
history
record
check
of
the
applicant
through
the
division
of
criminal
investigation
of
the
department
of
public
safety,
submit
the
applicant’s
fingerprints
to
the
division
for
submission
to
the
federal
bureau
of
investigation
for
a
national
criminal
history
record
check,
and
review
the
sex
offender
registry
information
under
section
692A.121
available
to
the
general
public,
the
central
registry
for
child
abuse
information
established
under
section
235A.14
,
and
the
central
registry
for
dependent
adult
abuse
information
established
under
section
235B.5
for
information
regarding
the
applicant
for
employment
as
a
teacher.
Sec.
2583.
Section
279.19B,
subsection
1,
paragraph
a,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
board
of
directors
of
a
school
district
may
employ
for
head
coach
of
any
interscholastic
athletic
activities
or
for
assistant
coach
of
any
interscholastic
athletic
activity,
an
individual
who
possesses
a
coaching
authorization
issued
by
the
board
of
educational
examiners
or
possesses
a
teaching
license
with
a
coaching
endorsement
issued
pursuant
to
chapter
272
256,
Senate
File
514,
p.
1261
subchapter
VII,
part
3
.
However,
a
board
of
directors
of
a
school
district
shall
consider
applicants
with
qualifications
described
below,
in
the
following
order
of
priority:
Sec.
2584.
Section
279.50A,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
school
district
has
made
every
reasonable
and
good
faith
effort
to
employ
a
teacher
licensed
under
chapter
272
256,
subchapter
VII,
part
3,
for
the
unit
of
science
or
mathematics,
as
applicable,
and
is
unable
to
employ
such
a
teacher.
For
purposes
of
this
subsection
,
“good
faith
effort”
means
the
same
as
defined
in
section
279.19A,
subsection
9
.
Sec.
2585.
Section
279.72,
Code
2023,
is
amended
to
read
as
follows:
279.72
Training
on
dyslexia.
By
July
1,
2024,
the
board
of
directors
of
a
school
district
shall
require
all
persons
employed
by
the
school
district
who
hold
a
teaching
license
with
an
endorsement
for
prekindergarten,
prekindergarten
or
elementary
special
education,
or
prekindergarten
through
grade
three
levels
issued
under
chapter
272
256,
subchapter
VII,
part
3
,
all
practitioners
and
paraprofessionals
assigned
as
Title
I
teachers
and
Title
I
paraprofessionals
under
the
federal
Every
Student
Succeeds
Act,
Pub.
L.
No.
114-95,
and
all
practitioners
endorsed
to
teach
English
as
a
second
language
to
complete
the
Iowa
reading
research
center
dyslexia
overview
module.
Such
persons
employed
by
the
school
district
after
July
1,
2024,
shall
complete
the
module
within
one
year
of
the
employee’s
initial
date
of
hire.
Sec.
2586.
Section
279.73,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
If
the
board
of
directors
of
the
school
district
or
a
court
finds
that
an
employee
of
the
school
district
who
holds
a
license,
certificate,
statement
of
recognition,
or
authorization
issued
by
the
board
of
educational
examiners
under
chapter
272
256,
subchapter
VII,
part
3,
discriminated
against
a
student
or
employee
in
violation
of
this
section
,
the
employee
found
to
be
in
violation
under
this
section
shall
be
subject
to
a
hearing
conducted
by
the
board
of
educational
examiners
pursuant
to
section
272.2,
subsection
14
,
which
may
Senate
File
514,
p.
1262
result
in
disciplinary
action
and
the
employee’s
employment
may
be
terminated.
Sec.
2587.
Section
284.2,
subsections
1,
7,
and
11,
Code
2023,
are
amended
to
read
as
follows:
1.
“Beginning
teacher”
means
an
individual
serving
under
an
initial
or
intern
license,
issued
under
chapter
272
256,
subchapter
VII,
part
3
,
who
is
assuming
a
position
as
a
teacher.
“Beginning
teacher”
includes
an
individual
who
is
an
initial
teacher.
For
purposes
of
the
beginning
teacher
mentoring
and
induction
program
created
pursuant
to
section
284.5
,
“beginning
teacher”
also
includes
preschool
teachers
who
are
licensed
under
chapter
272
256,
subchapter
VII,
part
3,
and
are
employed
by
a
school
district
or
area
education
agency.
“Beginning
teacher”
does
not
include
a
teacher
whose
employment
with
a
school
district
or
area
education
agency
is
probationary
unless
the
teacher
is
serving
under
an
initial
or
teacher
intern
license
issued
under
chapter
272
256,
subchapter
VII,
part
3
.
7.
“Mentor”
means
an
individual
employed
by
a
school
district
or
area
education
agency
as
a
teacher
or
a
retired
teacher
who
holds
a
valid
license
issued
under
chapter
272
256,
subchapter
VII,
part
3
.
The
individual
must
have
a
record
of
three
years
of
successful
teaching
practice,
must
be
employed
on
a
nonprobationary
basis,
and
must
demonstrate
professional
commitment
to
both
the
improvement
of
teaching
and
learning
and
the
development
of
beginning
teachers.
11.
“Teacher”
means
an
individual
who
holds
a
practitioner’s
license
issued
under
chapter
272
256,
subchapter
VII,
part
3
,
or
a
statement
of
professional
recognition
issued
under
chapter
272
256,
subchapter
VII,
part
3,
who
is
employed
in
a
nonadministrative
position
by
a
school
district
or
area
education
agency
pursuant
to
a
contract
issued
by
a
board
of
directors
under
section
279.13
.
A
teacher
may
be
employed
in
both
an
administrative
and
a
nonadministrative
position
by
a
board
of
directors
and
shall
be
considered
a
part-time
teacher
for
the
portion
of
time
that
the
teacher
is
employed
in
a
nonadministrative
position.
Sec.
2588.
Section
284.10,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
An
administrator
licensed
under
chapter
272
256,
Senate
File
514,
p.
1263
subchapter
VII,
part
3,
who
conducts
evaluations
of
teachers
for
purposes
of
this
chapter
shall
complete
the
evaluator
training
program.
A
practitioner
licensed
under
chapter
272
256,
subchapter
VII,
part
3,
who
is
not
an
administrator
may
enroll
in
the
evaluator
training
program.
Enrollment
preference
shall
be
given
to
administrators.
Upon
successful
completion,
the
provider
shall
certify
that
the
administrator
or
other
practitioner
is
qualified
to
conduct
evaluations
for
employment,
make
recommendations
for
licensure,
and
make
recommendations
that
a
teacher
is
qualified
to
advance
from
one
career
path
level
to
the
next
career
path
level
pursuant
to
this
chapter
.
Certification
is
for
a
period
of
five
years
and
may
be
renewed.
Sec.
2589.
Section
284.15,
subsection
2,
paragraph
a,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
The
salary
for
an
initial
teacher
who
has
successfully
completed
an
approved
practitioner
preparation
program
as
defined
in
section
272.1
or
holds
an
initial
or
intern
teacher
license
issued
under
chapter
272
256,
subchapter
VII,
part
3,
shall
be
at
least
thirty-three
thousand
five
hundred
dollars,
which
shall
also
constitute
the
minimum
salary
for
an
Iowa
teacher.
Sec.
2590.
Section
284.15,
subsection
2,
paragraph
b,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
career
teacher
is
a
teacher
who
holds
a
statement
of
professional
recognition
issued
under
chapter
272
256,
subchapter
VII,
part
3,
or
who
meets
all
of
the
following
requirements:
Sec.
2591.
Section
284.15,
subsection
2,
paragraph
b,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
Holds
a
valid
license
issued
under
chapter
272
256,
subchapter
VII,
part
3
.
Sec.
2592.
Section
284.15,
subsection
2,
paragraphs
d
and
e,
Code
2023,
are
amended
to
read
as
follows:
d.
Mentor
teacher.
A
mentor
teacher
is
a
teacher
who
is
evaluated
by
the
school
district
as
demonstrating
the
competencies
and
superior
teaching
skills
of
a
mentor
teacher,
and
has
been
recommended
for
a
one-year
assignment
as
a
mentor
Senate
File
514,
p.
1264
teacher
by
a
site-based
review
council
appointed
pursuant
to
subsection
4
.
In
addition,
a
mentor
teacher
shall
hold
a
valid
license
issued
under
chapter
272
256,
subchapter
VII,
part
3
,
participate
in
teacher
professional
development
as
outlined
in
this
chapter
,
demonstrate
continuous
improvement
in
teaching,
and
possess
the
skills
and
qualifications
to
assume
leadership
roles.
A
mentor
teacher
shall
have
a
teaching
load
of
not
more
than
seventy-five
percent
student
instruction
to
allow
the
teacher
to
mentor
other
teachers.
A
school
district
shall
designate
at
least
ten
percent
of
its
teachers
as
mentor
teachers,
though
the
district
may
enter
into
an
agreement
with
one
or
more
other
districts
or
an
area
education
agency
to
meet
this
requirement
through
a
collaborative
arrangement.
The
terms
of
the
teaching
contracts
issued
under
section
279.13
to
mentor
teachers
shall
exceed
by
ten
days
the
terms
of
teaching
contracts
issued
under
section
279.13
to
career
teachers,
and
the
ten
additional
contract
days
shall
be
used
to
strengthen
instructional
leadership
in
accordance
with
this
subsection
.
A
mentor
teacher
shall
receive
annually
a
salary
supplement
of
at
least
five
thousand
dollars.
e.
Lead
teacher.
A
lead
teacher
is
a
teacher
who
holds
a
valid
license
issued
under
chapter
272
256,
subchapter
VII,
part
3,
and
has
been
recommended
for
a
one-year
assignment
as
a
lead
teacher
by
a
site-based
review
council
appointed
pursuant
to
subsection
4
.
The
recommendation
from
the
council
must
assert
that
the
teacher
possesses
superior
teaching
skills
and
the
ability
to
lead
adult
learners.
A
lead
teacher
shall
assume
leadership
roles
that
may
include
but
are
not
limited
to
the
planning
and
delivery
of
professional
development
activities
designed
to
improve
instructional
strategies;
the
facilitation
of
an
instructional
leadership
team
within
the
lead
teacher’s
building,
school
district,
or
other
school
districts;
the
mentoring
of
other
teachers;
and
participation
in
the
evaluation
of
student
teachers.
A
lead
teacher
shall
have
a
teaching
load
of
not
more
than
fifty
percent
student
instruction
to
allow
the
lead
teacher
to
spend
time
on
co-teaching;
co-planning;
peer
reviews;
observing
career
teachers,
model
teachers,
and
mentor
teachers;
and
other
duties
mutually
agreed
upon
by
the
superintendent
and
the
lead
teacher.
Senate
File
514,
p.
1265
A
school
district
shall
designate
at
least
five
percent
of
its
teachers
as
lead
teachers,
though
the
district
may
enter
into
an
agreement
with
one
or
more
other
districts
or
an
area
education
agency
to
meet
this
requirement
through
a
collaborative
arrangement.
The
terms
of
the
teaching
contracts
issued
under
section
279.13
to
lead
teachers
shall
exceed
by
fifteen
days
the
terms
of
teaching
contracts
issued
under
section
279.13
to
career
teachers,
and
the
fifteen
additional
contract
days
shall
be
used
to
strengthen
instructional
leadership
in
accordance
with
this
subsection
.
A
lead
teacher
shall
receive
annually
a
salary
supplement
of
at
least
ten
thousand
dollars.
Sec.
2593.
Section
284.16,
subsection
1,
paragraph
a,
subparagraphs
(1)
and
(2),
Code
2023,
are
amended
to
read
as
follows:
(1)
Has
successfully
completed
an
approved
practitioner
preparation
program
as
defined
in
section
272.1
or
holds
an
intern
teacher
license
issued
under
chapter
272
256,
subchapter
VII,
part
3
.
(2)
Holds
an
initial
or
intern
teacher
license
issued
under
chapter
272
256,
subchapter
VII,
part
3
.
Sec.
2594.
Section
284.16,
subsection
1,
paragraph
b,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
A
career
teacher
is
a
teacher
who
holds
a
statement
of
professional
recognition
issued
under
chapter
272
256,
subchapter
VII,
part
3,
or
who
meets
the
following
requirements:
Sec.
2595.
Section
284.16,
subsection
1,
paragraph
b,
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
(3)
Holds
a
valid
license
issued
under
chapter
272
256,
subchapter
VII,
part
3
.
Sec.
2596.
Section
284A.2,
subsections
1,
2,
and
7,
Code
2023,
are
amended
to
read
as
follows:
1.
“Administrator”
means
an
individual
holding
a
professional
administrator
license
issued
under
chapter
272
256,
subchapter
VII,
part
3,
who
is
employed
in
a
school
district
administrative
position
by
a
school
district
or
area
education
agency
pursuant
to
a
contract
issued
by
a
board
of
directors
under
section
279.23
and
is
engaged
in
instructional
leadership.
An
administrator
may
be
employed
in
both
an
Senate
File
514,
p.
1266
administrative
and
a
nonadministrative
position
by
a
board
of
directors
and
shall
be
considered
a
part-time
administrator
for
the
portion
of
time
that
the
individual
is
employed
in
an
administrative
position.
2.
“Beginning
administrator”
means
an
individual
serving
under
an
administrator
license,
issued
by
the
board
of
educational
examiners
under
chapter
272
256,
subchapter
VII,
part
3
,
who
is
assuming
a
position
as
a
school
district
principal
or
superintendent
for
the
first
time.
7.
“Mentor”
means
an
individual
employed
by
a
school
district
or
area
education
agency
as
a
school
district
administrator
or
a
retired
administrator
who
holds
a
valid
license
issued
under
chapter
272
256,
subchapter
VII,
part
3
.
The
individual
must
have
a
record
of
four
years
of
successful
administrative
experience
and
must
demonstrate
professional
commitment
to
both
the
improvement
of
teaching
and
learning
and
the
development
of
beginning
administrators.
Sec.
2597.
Section
284A.6,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
In
cooperation
with
the
administrator’s
evaluator,
the
administrator
who
has
a
professional
administrator
license
issued
by
the
board
of
educational
examiners
pursuant
to
chapter
272
256,
subchapter
VII,
part
3,
and
is
employed
by
a
school
district
or
area
education
agency
in
a
school
district
administrative
position
shall
develop
an
individual
administrator
professional
development
plan.
The
purpose
of
the
plan
is
to
promote
individual
and
group
professional
development.
The
individual
plan
shall
be
based,
at
a
minimum,
on
the
needs
of
the
administrator,
the
Iowa
standards
for
school
administrators
adopted
pursuant
to
section
256.7,
subsection
27
,
and
the
student
achievement
goals
of
the
attendance
center
and
the
school
district
as
outlined
in
the
comprehensive
school
improvement
plan.
Sec.
2598.
Section
284A.7,
Code
2023,
is
amended
to
read
as
follows:
284A.7
Evaluation
requirements
for
administrators.
A
school
district
shall
conduct
an
annual
evaluation
of
an
administrator
who
holds
a
professional
administrator
license
issued
under
chapter
272
256,
subchapter
VII,
part
3,
for
Senate
File
514,
p.
1267
purposes
of
assisting
the
administrator
in
making
continuous
improvement,
documenting
continued
competence
in
the
Iowa
standards
for
school
administrators
adopted
pursuant
to
section
256.7,
subsection
27
,
or
to
determine
whether
the
administrator’s
practice
meets
school
district
expectations.
The
evaluation
shall
include,
at
a
minimum,
an
assessment
of
the
administrator’s
competence
in
meeting
the
Iowa
standards
for
school
administrators
and
the
goals
of
the
administrator’s
individual
professional
development
plan,
including
supporting
documentation
or
artifacts
aligned
to
the
Iowa
standards
for
school
administrators
and
the
individual
administrator’s
professional
development
plan.
Sec.
2599.
Section
299A.2,
Code
2023,
is
amended
to
read
as
follows:
299A.2
Competent
private
instruction
by
licensed
practitioner.
If
a
licensed
practitioner
provides
competent
instruction
to
a
school-age
child,
the
practitioner
shall
possess
a
valid
license
or
certificate
which
has
been
issued
by
the
state
board
of
educational
examiners
under
chapter
272
256,
subchapter
VII,
part
3,
and
which
is
appropriate
to
the
ages
and
grade
levels
of
the
children
to
be
taught.
Competent
private
instruction
may
include
but
is
not
limited
to
a
home
school
assistance
program
which
provides
instruction
or
instructional
supervision
offered
through
an
accredited
nonpublic
school
or
public
school
district
by
a
teacher,
who
is
employed
by
the
accredited
nonpublic
school
or
public
school
district,
who
assists
and
supervises
a
parent,
guardian,
or
legal
custodian
in
providing
instruction
to
a
child.
If
competent
private
instruction
is
provided
through
a
public
school
district,
the
child
shall
be
enrolled
and
included
in
the
basic
enrollment
of
the
school
district
as
provided
in
section
257.6
.
Sections
299A.3
through
299A.7
do
not
apply
to
competent
private
instruction
provided
by
a
licensed
practitioner
under
this
section
.
However,
the
reporting
requirement
contained
in
section
299A.3,
subsection
1
,
shall
apply
to
competent
private
instruction
provided
by
licensed
practitioners
that
is
not
part
of
a
home
school
assistance
program
offered
through
an
accredited
nonpublic
school
or
public
school
district.
Senate
File
514,
p.
1268
Sec.
2600.
Section
622.10,
subsection
8,
Code
2023,
is
amended
to
read
as
follows:
8.
A
qualified
school
guidance
counselor,
who
is
licensed
by
the
board
of
educational
examiners
under
chapter
272
256,
subchapter
VII,
part
3,
and
who
obtains
information
by
reason
of
the
counselor’s
employment
as
a
qualified
school
guidance
counselor,
shall
not
be
allowed,
in
giving
testimony,
to
disclose
any
confidential
communications
properly
entrusted
to
the
counselor
by
a
pupil
or
the
pupil’s
parent
or
guardian
in
the
counselor’s
capacity
as
a
qualified
school
guidance
counselor
and
necessary
and
proper
to
enable
the
counselor
to
perform
the
counselor’s
duties
as
a
qualified
school
guidance
counselor.
Sec.
2601.
Section
709.15,
subsection
1,
paragraph
g,
subparagraph
(1),
subparagraph
divisions
(a)
and
(b),
Code
2023,
are
amended
to
read
as
follows:
(a)
A
person
who
holds
a
license,
certificate,
or
statement
of
professional
recognition
issued
under
chapter
272
256,
subchapter
VII,
part
3
.
(b)
A
person
who
holds
an
authorization
issued
under
chapter
272
256,
subchapter
VII,
part
3
.
Sec.
2602.
Section
714.19,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Private
and
nonprofit
elementary
or
secondary
schools
recognized
by
the
department
of
education
or
the
board
of
directors
of
a
school
district
for
the
purpose
of
complying
with
chapter
299
and
employing
teachers
licensed
under
chapter
272
256,
subchapter
VII,
part
3
.
Sec.
2603.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
272.1
to
section
256.145.
b.
Section
272.2
to
section
256.146.
c.
Section
272.3
to
section
256.147.
d.
Section
272.4
to
section
256.148.
e.
Section
272.5
to
section
256.149.
f.
Section
272.6
to
section
256.150.
g.
Section
272.7
to
section
256.151.
h.
Section
272.8
to
section
256.152.
Senate
File
514,
p.
1269
i.
Section
272.9
to
section
256.153.
j.
Section
272.9A
to
section
256.154.
k.
Section
272.10
to
section
256.155.
l.
Section
272.11
to
section
256.156.
m.
Section
272.12
to
section
256.157.
n.
Section
272.13
to
section
256.158.
o.
Section
272.14
to
section
256.159.
p.
Section
272.15
to
section
256.160.
q.
Section
272.16
to
section
256.161.
r.
Section
272.20
to
section
256.162.
s.
Section
272.28
to
section
256.163.
t.
Section
272.29
to
section
256.164.
u.
Section
272.31
to
section
256.165.
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.
3.
The
Code
editor
may
designate
sections
256.145
through
256.165,
as
enacted
in
this
division
of
this
Act,
as
new
part
3
entitled
“Board
of
Educational
Examiners”
within
the
subchapter
entitled
“Higher
Education
Division”
as
enacted
by
another
division
of
this
Act.
Sec.
2604.
TRANSITION
PROVISIONS.
1.
Any
license,
certificate,
or
authorization
issued
by
the
board
of
education
examiners
pursuant
to
chapter
272
prior
to
the
effective
date
of
this
division
of
this
Act
is
valid
and
shall
continue
as
provided
in
the
terms
of
the
license,
certificate,
or
authorization.
2.
Federal
funds
utilized
by
the
board
of
educational
examiners
prior
to
the
effective
date
of
this
division
of
this
Act
to
employ
personnel
necessary
for
the
administration
of
the
board
of
educational
examiners’
programs
shall
be
applied
to
and
be
available
for
the
transfer
of
such
personnel
from
the
board
of
educational
examiners
to
the
higher
education
division
of
the
department
of
education.
Sec.
2605.
APPLICABILITY.
This
division
of
this
Act
applies
to
individuals
appointed
as
the
executive
director
of
the
board
of
educational
examiners
before,
on,
or
after
the
effective
date
of
this
division
of
this
Act.
COLLEGE
STUDENT
AID
COMMISSION
Senate
File
514,
p.
1270
Sec.
2606.
Section
8A.504,
subsection
1,
paragraph
d,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
An
amount
that
is
due
because
of
a
default
on
a
loan
under
chapter
261
256,
subchapter
VII,
part
4
.
Sec.
2607.
Section
8A.504,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
director
shall
have
the
authority
to
enter
into
reciprocal
agreements
with
the
departments
of
revenue
of
other
states
that
have
enacted
legislation
that
is
substantially
equivalent
to
the
setoff
procedure
provided
in
this
section
for
the
recovery
of
an
amount
due
because
of
a
default
on
a
loan
under
chapter
261
256,
subchapter
VII,
part
4
.
A
reciprocal
agreement
shall
also
be
approved
by
the
college
student
aid
commission.
The
agreement
shall
authorize
the
department
to
provide
by
rule
for
the
setoff
of
state
income
tax
refunds
or
rebates
of
defaulters
from
states
with
which
Iowa
has
a
reciprocal
agreement
and
to
provide
for
sending
lists
of
names
of
Iowa
defaulters
to
the
states
with
which
Iowa
has
a
reciprocal
agreement
for
setoff
of
that
state’s
income
tax
refunds.
Sec.
2608.
Section
261.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
There
is
hereby
created
within
the
higher
education
division
of
the
department
a
commission
to
be
known
as
the
“College
Student
Aid
Commission”
of
the
state
of
Iowa.
Sec.
2609.
Section
261.1,
subsection
2,
paragraphs
a
and
b,
Code
2023,
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.
b.
The
director
of
the
department
of
education
or
the
director’s
designee.
Sec.
2610.
Section
261.1,
subsection
4,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Vacancies
on
the
commission
shall
be
filled
for
the
unexpired
term
of
such
vacancies
,
if
applicable,
in
the
same
manner
as
the
original
appointment.
Senate
File
514,
p.
1271
Sec.
2611.
Section
261.1,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
The
director
shall
appoint
an
executive
director
of
the
commission.
The
director
shall
set
the
salary
of
the
executive
director.
Sec.
2612.
Section
261.2,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Administer
the
tuition
grant
program
under
this
chapter
part
.
Sec.
2613.
Section
261.3,
Code
2023,
is
amended
to
read
as
follows:
261.3
Organization
——
bylaws.
1.
The
commission
is
an
autonomous
state
agency
which
is
attached
to
the
department
of
education
for
organizational
purposes
only.
2.
1.
The
commission
,
under
the
authority
of
the
higher
education
division
of
the
department,
shall
determine
its
own
organization,
draw
up
its
own
bylaws,
adopt
rules
under
chapter
17A
,
and
do
such
other
things
as
may
be
necessary
and
incidental
in
the
administration
of
this
chapter
part
,
including
the
housing
,
employment,
and
fixing
the
compensation
and
bond
of
persons
required
to
carry
out
its
functions
and
responsibilities.
A
decision
of
the
commission
is
final
agency
action
under
chapter
17A
.
3.
2.
The
commission
shall
function
at
the
seat
of
government
or
such
other
place
as
it
the
commission
might
designate.
Sec.
2614.
Section
261.5,
subsection
2,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
Notwithstanding
any
other
provision
of
this
chapter
part
,
in
the
event
of
a
national
emergency
declared
by
the
president
of
the
United
States
by
reason
of
terrorist
attack,
the
commission
may
waive
or
modify
any
statutory
or
regulatory
provision
applicable
to
state
financial
aid
programs
established
pursuant
to
this
chapter
part
to
ensure,
with
regard
to
affected
individuals,
that
the
following
occurs:
Sec.
2615.
Section
261.5,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
Notwithstanding
any
other
provision
of
this
chapter
Senate
File
514,
p.
1272
part
,
in
the
event
of
a
national
emergency
declared
by
the
president
of
the
United
States
by
reason
of
terrorist
attack,
the
commission
may
grant
temporary
relief
from
requirements
rendered
infeasible
or
unreasonable,
including
due
diligence
requirements
and
reporting
deadlines,
by
the
national
emergency,
to
an
institution
of
higher
education
under
the
state
board
of
regents,
a
community
college,
an
accredited
private
institution
as
defined
in
section
261.9
,
eligible
lenders,
and
other
entities
participating
in
the
state
student
assistance
programs
in
accordance
with
this
chapter
part
,
that
are
located
in,
or
whose
operations
are
directly
affected
by,
areas
that
are
declared
disaster
areas
by
any
federal,
state,
or
local
official
in
connection
with
the
national
emergency.
If
the
commission
issues
a
waiver
in
accordance
with
this
section
,
the
report
prepared
by
the
commission
pursuant
to
section
17A.9A,
subsection
5
,
shall
include
examples
of
measures
that
a
postsecondary
institution
may
take
in
the
appropriate
exercise
of
discretion,
as
provided
in
20
U.S.C.
§1087tt,
to
adjust
financial
need
and
aid
eligibility
determinations
for
affected
individuals.
Sec.
2616.
Section
261.9,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
When
used
in
this
subchapter
subpart
,
unless
the
context
otherwise
requires:
Sec.
2617.
Section
261.9,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Is
accredited
by
the
higher
learning
commission,
is
exempt
from
taxation
under
section
501(c)(3)
of
the
Internal
Revenue
Code,
and
annually
provides
a
matching
aggregate
amount
of
institutional
financial
aid
equal
to
at
least
seventy-five
percent
of
the
amount
received
in
a
fiscal
year
by
the
institution’s
students
for
Iowa
tuition
grant
assistance
under
this
chapter
part
.
Commencing
with
the
fiscal
year
beginning
July
1,
2006,
the
matching
aggregate
amount
of
institutional
financial
aid
shall
increase
by
the
percentage
of
increase
each
fiscal
year
of
funds
appropriated
for
Iowa
tuition
grants
under
section
261.25,
subsection
1
,
to
a
maximum
match
of
one
hundred
percent.
The
institution
shall
file
annual
reports
with
the
commission
prior
to
receipt
of
tuition
grant
moneys
under
this
Senate
File
514,
p.
1273
chapter
part
.
An
institution
whose
income
is
not
exempt
from
taxation
under
section
501(c)
of
the
Internal
Revenue
Code
and
whose
students
were
eligible
to
receive
Iowa
tuition
grant
money
in
the
fiscal
year
beginning
July
1,
2003,
shall
meet
the
match
requirements
of
this
paragraph
no
later
than
June
30,
2005.
Sec.
2618.
Section
261.9,
subsection
8,
Code
2023,
is
amended
to
read
as
follows:
8.
“Tuition
grant”
means
an
award
by
the
state
of
Iowa
to
a
qualified
student
under
this
subchapter
subpart
.
Sec.
2619.
Section
261.15,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Adopt
rules
and
regulations
for
determining
financial
need,
defining
tuition
and
mandatory
fees,
defining
residence
for
the
purposes
of
this
subchapter
subpart
,
processing
and
approving
applications
for
tuition
grants,
and
determining
priority
of
grants.
The
commission
may
provide
for
proration
of
funds
if
the
available
funds
are
insufficient
to
pay
all
approved
grants.
Such
proration
shall
take
primary
account
of
the
financial
need
of
the
applicant.
In
determining
who
is
a
resident
of
Iowa,
the
commission’s
rules
shall
be
at
least
as
restrictive
as
those
of
the
board
of
regents.
Sec.
2620.
Section
261.16A,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
Reports
to
commission.
An
eligible
institution
shall
file
annual
reports
with
the
commission,
as
required
by
the
commission
and
under
section
261.9
,
prior
to
receipt
of
tuition
grant
moneys
under
this
chapter
part
.
Sec.
2621.
Section
261.17,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
A
vocational-technical
tuition
grant
shall
be
awarded
on
an
annual
basis,
requiring
reapplication
by
the
student
for
each
year.
Payments
under
the
grant
shall
be
allocated
equally
among
the
semesters
or
quarters
of
the
year
upon
certification
by
the
institution
that
the
student
is
in
full-time
or
part-time
attendance
in
a
vocational-technical
or
career
option
program,
as
defined
under
rules
of
the
department
of
education
.
If
the
student
discontinues
attendance
before
the
end
of
any
term
after
receiving
payment
of
the
grant,
the
entire
amount
of
any
refund
due
that
student,
up
to
the
amount
of
any
payments
made
under
Senate
File
514,
p.
1274
the
annual
grant,
shall
be
paid
by
the
institution
to
the
state.
Sec.
2622.
Section
261.20,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
scholarship
and
tuition
grant
reserve
fund
is
created
to
assure
that
financial
assistance
will
be
available
to
all
students
who
are
awarded
scholarships
or
tuition
grants
through
programs
funded
under
this
chapter
part
.
The
fund
is
created
as
a
separate
fund
in
the
state
treasury,
and
moneys
in
the
fund
shall
not
revert
to
the
general
fund
unless,
and
then
only
to
the
extent
that,
the
funds
exceed
the
maximum
allowed
balance.
Sec.
2623.
Section
261.35,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
As
used
in
this
subchapter
subpart
,
unless
the
context
otherwise
requires:
Sec.
2624.
Section
261.36,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
commission
shall
have
necessary
powers
to
carry
out
its
purposes
and
duties
under
this
subchapter
subpart
,
including
but
not
limited
to
the
power
to:
Sec.
2625.
Section
261.37,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
duties
of
the
commission
under
this
subchapter
subpart
shall
be
as
follows:
Sec.
2626.
Section
261.37,
subsections
5
and
7,
Code
2023,
are
amended
to
read
as
follows:
5.
To
adopt
rules
pursuant
to
chapter
17A
to
implement
the
provisions
of
this
subchapter
subpart,
including
establishing
standards
for
educational
institutions,
lenders,
and
individuals
to
become
eligible
institutions,
lenders,
and
borrowers.
Notwithstanding
any
contrary
provisions
in
chapter
537
,
the
rules
and
standards
established
shall
be
consistent
with
the
requirements
provided
in
the
Higher
Education
Act
of
1965.
7.
To
establish
an
effective
system
for
the
collection
of
delinquent
loans,
including
the
adoption
of
an
agreement
with
the
department
of
administrative
services
to
set
off
against
a
defaulter’s
income
tax
refund
or
rebate
the
amount
that
is
due
because
of
a
default
on
a
loan
made
under
this
subchapter
subpart
.
The
commission
shall
adopt
rules
under
chapter
17A
Senate
File
514,
p.
1275
necessary
to
assist
the
department
of
administrative
services
in
the
implementation
of
the
student
loan
setoff
program
as
established
under
section
8A.504
.
The
commission
shall
apply
administrative
wage
garnishment
procedures
authorized
under
the
federal
Higher
Education
Act
of
1965,
as
amended
and
codified
in
20
U.S.C.
§1071
et
seq.,
for
all
delinquent
loans,
including
loans
authorized
under
section
261.38
,
when
a
defaulter
who
is
financially
capable
of
paying
fails
to
voluntarily
enter
into
a
reasonable
payment
agreement.
In
no
case
shall
the
commission
garnish
more
than
the
amount
authorized
by
federal
law
for
all
loans
being
collected
by
the
commission,
including
those
authorized
under
section
261.38
.
Sec.
2627.
Section
261.42,
Code
2023,
is
amended
to
read
as
follows:
261.42
Short
title.
This
subchapter
subpart
shall
be
known
and
may
be
cited
as
the
“Iowa
Guaranteed
Loan
Program”
.
Sec.
2628.
Section
261.43A,
Code
2023,
is
amended
to
read
as
follows:
261.43A
Security
interest
in
education
loans.
A
nonprofit
organization
qualifying
for
tax-exempt
status
under
the
Internal
Revenue
Code,
as
defined
in
section
422.3
,
that
provides
or
acquires
education
loans
in
the
organization’s
normal
course
of
business
shall,
notwithstanding
any
contrary
provision
of
chapter
554
or
other
state
law,
establish
and
perfect
a
security
interest
and
establish
priority
over
other
security
interests
in
such
education
loans
by
filing
in
the
same
manner
as
provided
for
perfecting
a
security
interest
in
a
student
loan
pursuant
to
20
U.S.C.
§1082(m)(1)(E).
This
section
applies
to
education
loans
provided
under
this
chapter
part
by
such
nonprofit
organizations
and
other
education
loans
provided
by
such
nonprofit
organizations.
Sec.
2629.
Section
261.87,
subsection
1,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
As
used
in
this
subchapter
subpart
,
unless
the
context
otherwise
requires:
Sec.
2630.
Section
261.102,
subsection
7,
Code
2023,
is
amended
to
read
as
follows:
7.
“Program”
means
the
Iowa
minority
academic
grants
Senate
File
514,
p.
1276
for
economic
success
program
established
in
this
subchapter
subpart
.
Sec.
2631.
Section
261.110,
subsections
1
and
5,
Code
2023,
are
amended
to
read
as
follows:
1.
A
teach
Iowa
scholar
program
is
established
to
provide
teach
Iowa
scholar
grants
to
selected
high-caliber
teachers.
The
commission
shall
administer
the
program
in
collaboration
with
the
department
of
education.
5.
The
commission
,
in
collaboration
with
the
department
of
education,
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section
.
The
rules
shall
include
but
shall
not
be
limited
to
a
process
for
use
by
the
commission
to
determine
which
eligible
applicants
will
receive
teach
Iowa
scholar
grants.
Sec.
2632.
Section
261.110,
subsection
3,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
applicant
was
in
the
top
twenty-five
percent
academically
of
students
exiting
a
teacher
preparation
program
approved
by
the
state
board
of
education
pursuant
to
section
256.7,
subsection
3
,
or
a
similar
teacher
preparation
program
in
another
state,
or
had
earned
other
comparable
academic
credentials.
Sec.
2633.
Section
261.111,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
director
of
the
department
of
education
shall
annually
designate
the
areas
in
which
teacher
shortages
are
anticipated.
The
director
shall
periodically
conduct
a
survey
of
school
districts,
accredited
nonpublic
schools,
and
approved
practitioner
preparation
programs
to
determine
current
shortage
areas
and
predict
future
shortage
areas.
Sec.
2634.
Section
261.112,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
A
teacher
shortage
loan
forgiveness
program
is
established
to
be
administered
by
the
commission.
A
teacher
is
eligible
for
the
program
if
the
teacher
is
practicing
in
a
teacher
shortage
area
as
designated
by
the
department
of
education
pursuant
to
subsection
2
.
A
person
is
ineligible
for
this
program
if
the
person
receives
a
grant
under
section
261.110
or
a
forgivable
loan
under
section
261.111
.
For
Senate
File
514,
p.
1277
purposes
of
this
section
,
“teacher”
means
an
individual
holding
a
practitioner’s
license
issued
under
chapter
272
part
3
,
who
is
employed
in
a
nonadministrative
position
in
a
designated
shortage
area
by
a
school
district
or
area
education
agency
pursuant
to
a
contract
issued
by
a
board
of
directors
under
section
279.13
.
2.
The
director
of
the
department
of
education
shall
annually
designate
the
geographic
or
subject
areas
experiencing
teacher
shortages.
The
director
shall
periodically
conduct
a
survey
of
school
districts,
accredited
nonpublic
schools,
and
approved
practitioner
preparation
programs
to
determine
current
shortage
areas.
Sec.
2635.
Section
261.130,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Skilled
workforce
shortage
tuition
grants
shall
be
awarded
only
to
students
pursuing
a
career-technical
or
career
option
program
in
an
industry
identified
as
having
a
shortage
of
skilled
workers
by
a
community
college
after
conducting
a
regional
skills
gap
analysis
or
as
being
a
high-demand
job
by
the
department
of
workforce
development
in
the
department’s
department
of
workforce
development’s
most
recent
list
of
high-demand
jobs.
If
a
community
college
no
longer
identifies
the
industry
as
having
a
shortage
of
skilled
workers
or
the
department
of
workforce
development
no
longer
identifies
the
industry
as
a
high-demand
job,
an
eligible
student
who
received
a
grant
for
a
career-technical
or
career
option
program
based
on
that
identification
shall
continue
to
receive
the
grant
until
achieving
a
postsecondary
credential,
up
to
an
associate
degree,
as
long
as
the
student
is
continuously
enrolled
in
that
program
and
continues
to
meet
all
other
eligibility
requirements.
Sec.
2636.
Section
261.131,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
“Approved
state-recognized
work-based
learning
program”
means
a
structured
educational
and
training
program
that
includes
authentic
worksite
training
and
is
approved
by
the
department
of
education
according
to
a
process
established
under
rules
adopted
pursuant
to
section
256.7,
subsection
34
.
Sec.
2637.
Section
261.132,
subsection
1,
paragraph
c,
Code
Senate
File
514,
p.
1278
2023,
is
amended
to
read
as
follows:
c.
“Eligible
program”
means
a
program
of
study
or
an
academic
major
jointly
approved
by
the
commission
and
the
department
of
workforce
development,
in
consultation
with
the
eligible
institution,
that
leads
to
a
bachelor’s
degree
aligned
with
a
high-demand
job
designated
by
the
workforce
development
board
pursuant
to
section
84A.1B,
subsection
14
.
If
the
department
of
workforce
development
removes
a
high-demand
job
from
the
list
created
under
section
84A.1B,
subsection
14
,
an
eligible
student
who
received
a
grant
for
a
program
based
on
that
high-demand
job
shall
continue
to
receive
the
grant
until
achieving
a
bachelor’s
degree
as
long
as
the
student
continues
to
meet
all
other
eligibility
requirements.
Sec.
2638.
Section
261B.11A,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Students
attending
schools
required
to
register
under
this
chapter
are
ineligible
for
state
student
financial
aid
programs
established
under
chapter
261
256,
subchapter
VII,
part
4
.
Sec.
2639.
Section
261F.1,
subsection
5,
paragraph
e,
Code
2023,
is
amended
to
read
as
follows:
e.
State
education
grants,
scholarships,
or
financial
aid
funds
administered
under
chapter
261
256,
subchapter
VII,
part
4
.
Sec.
2640.
Section
261G.4,
subsections
1,
2,
and
5,
Code
2023,
are
amended
to
read
as
follows:
1.
Notwithstanding
any
other
provision
of
law
to
the
contrary,
a
participating
nonresident
institution
shall
not
be
required
to
register
under
chapter
261B
or
to
comply
with
the
registration
and
disclosure
requirements
of
chapter
261
256,
subchapter
VII,
part
4,
or
chapter
261B
or
section
714.17,
subsections
2
and
3
,
or
sections
714.18
,
714.20
,
714.21
,
and
714.23
,
or
section
714.24,
subsections
1,
2,
3,
4,
and
5
,
or
section
714.25
,
if
the
provisions
of
an
interstate
reciprocity
agreement
prohibit
such
registration
or
compliance.
2.
Notwithstanding
any
other
provision
of
law
to
the
contrary,
a
participating
resident
institution
shall
be
required
to
register
under
chapter
261B
or
to
comply
with
the
registration
and
disclosure
requirements
of
chapter
261
256,
Senate
File
514,
p.
1279
subchapter
VII,
part
4,
or
chapter
261B
or
section
714.17,
subsections
2
and
3
,
or
sections
714.18
,
714.20
,
714.21
,
and
714.23
,
or
section
714.24,
subsections
1,
2,
3,
4,
and
5
,
or
section
714.25
,
if
the
provisions
of
the
interstate
reciprocity
agreement
require
such
registration
or
compliance.
5.
Students
attending
a
participating
nonresident
institution
are
ineligible
for
state
student
financial
aid
programs
established
under
chapter
261
256,
subchapter
VII,
part
4
.
Sec.
2641.
CODE
EDITOR
DIRECTIVE.
1.
The
Code
editor
is
directed
to
make
the
following
transfers:
a.
Section
261.1
to
section
256.176.
b.
Section
261.2
to
section
256.177.
c.
Section
261.3
to
section
256.178.
d.
Section
261.4
to
section
256.179.
e.
Section
261.5
to
section
256.180.
f.
Section
261.7
to
section
256.181.
g.
Section
261.8
to
section
256.182.
h.
Section
261.9
to
section
256.183.
i.
Section
261.10
to
section
256.184.
j.
Section
261.11
to
section
256.185.
k.
Section
261.12
to
section
256.186.
l.
Section
261.13
to
section
256.187.
m.
Section
261.14
to
section
256.188.
n.
Section
261.15
to
section
256.189.
o.
Section
261.16
to
section
256.190.
p.
Section
261.16A
to
section
256.191.
q.
Section
261.17
to
section
256.192.
r.
Section
261.20
to
section
256.193.
s.
Section
261.25
to
section
256.194.
t.
Section
261.35
to
section
256.195.
u.
Section
261.36
to
section
256.196.
v.
Section
261.37
to
section
256.197.
w.
Section
261.38
to
section
256.198.
x.
Section
261.42
to
section
256.199.
y.
Section
261.43
to
section
256.200.
z.
Section
261.43A
to
section
256.201.
aa.
Section
261.62
to
section
256.202.
Senate
File
514,
p.
1280
ab.
Section
261.71
to
section
256.203.
ac.
Section
261.72
to
section
256.204.
ad.
Section
261.73
to
section
256.205.
ae.
Section
261.81
to
section
256.206.
af.
Section
261.83
to
section
256.207.
ag.
Section
261.84
to
section
256.208.
ah.
Section
261.85
to
section
256.209.
ai.
Section
261.86
to
section
256.210.
aj.
Section
261.86A
to
section
256.211.
ak.
Section
261.87
to
section
256.212.
al.
Section
261.101
to
section
256.213.
am.
Section
261.102
to
section
256.214.
an.
Section
261.103
to
section
256.215.
ao.
Section
261.104
to
section
256.216.
ap.
Section
261.105
to
section
256.217.
aq.
Section
261.110
to
section
256.218.
ar.
Section
261.111
to
section
256.219.
as.
Section
261.112
to
section
256.220.
at.
Section
261.113
to
section
256.221.
au.
Section
261.114
to
section
256.222.
av.
Section
261.115
to
section
256.223.
aw.
Section
261.116
to
section
256.224.
ax.
Section
261.117
to
section
256.225.
ay.
Section
261.120
to
section
256.226.
az.
Section
261.130
to
section
256.227.
ba.
Section
261.131
to
section
256.228.
bb.
Section
261.132
to
section
256.229.
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.
3.
a.
The
Code
editor
may
designate
sections
256.176
through
256.229,
as
enacted
in
this
division
of
this
Act,
as
new
part
4
entitled
“College
Student
Aid
Commission”
within
the
subchapter
entitled
“Higher
education
division”
as
enacted
by
another
division
of
this
Act.
b.
The
Code
editor
shall
designate
sections
256.176
through
256.229
into
the
following
subparts:
(1)
Sections
256.176
through
256.182
shall
be
designated
as
subpart
A
and
entitled
“General
Provisions”.
Senate
File
514,
p.
1281
(2)
Sections
256.183
through
256.194
shall
be
designated
as
subpart
B
and
entitled
“Tuition
Grants
to
Students”.
(3)
Sections
256.195
through
256.201
shall
be
designated
as
subpart
C
and
entitled
“Iowa
Guaranteed
Loan
Program”.
(4)
Section
256.202
shall
be
designated
as
subpart
D
and
entitled
“Iowa
State
Fair
Scholarship”.
(5)
Sections
256.203
through
256.205
shall
be
designated
as
subpart
E
and
entitled
“Chiropractic
Graduate
Student
Forgivable
Loan
Program”.
(6)
Sections
256.206
through
256.209
shall
be
designated
as
subpart
F
and
entitled
“Work-Study
Program”.
(7)
Sections
256.210
through
256.211
shall
be
designated
as
subpart
G
and
entitled
“National
Guard
Educational
Assistance”.
(8)
Section
256.212
shall
be
designated
as
subpart
H
and
entitled
“All
Iowa
Opportunity
Scholarships”.
(9)
Sections
256.213
through
256.217
shall
be
designated
as
subpart
I
and
entitled
“Minority
Academic
Grants
for
Economic
Success”.
(10)
Sections
256.218
through
256.220
shall
be
designated
as
subpart
J
and
entitled
“Teach
Iowa
Scholar
Grants
and
Teacher
Shortage
Forgivable
Loan
and
Loan
Forgiveness
Programs”.
(11)
Sections
256.221
through
256.226
shall
be
designated
as
subpart
K
and
entitled
“Other
Loan
Repayment
and
Forgiveness
Programs
——
Health
Professions”.
(12)
Sections
256.227
through
256.229
shall
be
designated
as
subpart
L
and
entitled
“Skilled
Workforce
Shortage
Tuition
Grant
Program”.
Sec.
2642.
TRANSITION
PROVISIONS.
1.
Any
scholarship,
loan,
or
grant
awarded
under
a
program
administered
by
the
college
student
aid
commission
in
accordance
with
chapter
261
prior
to
the
effective
date
of
this
division
of
this
Act
is
valid
and
shall
continue
as
provided
in
the
terms
of
the
scholarship,
loan,
or
grant.
2.
Federal
funds
utilized
by
the
college
student
aid
commission
prior
to
the
effective
date
of
this
division
of
this
Act
to
employ
personnel
necessary
for
the
administration
of
the
college
student
aid
commission’s
programs
shall
be
applied
to
and
be
available
for
the
transfer
of
such
personnel
from
the
college
student
aid
commission
to
the
higher
education
division
Senate
File
514,
p.
1282
of
the
department
of
education.
Sec.
2643.
APPLICABILITY.
This
division
of
this
Act
applies
to
individuals
appointed
as
the
executive
director
of
the
college
student
aid
commission
before,
on,
or
after
the
effective
date
of
this
division
of
this
Act.
COMMUNITY
COLLEGES
BUREAU
Sec.
2644.
Section
256.9,
subsection
36,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2645.
Section
260C.2,
Code
2023,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
01.
“Bureau”
means
the
community
colleges
bureau
of
the
higher
education
division
of
the
department
established
under
section
260C.6.
NEW
SUBSECTION
.
001.
“Bureau
chief”
means
the
bureau
chief
of
the
community
colleges
bureau
of
the
higher
education
division
of
the
department.
Sec.
2646.
Section
260C.5,
Code
2023,
is
amended
to
read
as
follows:
260C.5
Duties
of
director
Community
colleges
bureau
——
duties
of
bureau
chief
.
The
director
shall
appoint
the
bureau
chief,
and
the
bureau
chief
shall
direct
the
work
of
the
personnel
as
necessary
to
carry
out
this
chapter.
The
bureau
chief
shall
do
all
of
the
following
:
1.
Designate
a
community
college
as
an
“area
career
and
technical
education
school”
within
the
meaning
of,
and
for
the
purpose
of
administering,
the
federal
Carl
D.
Perkins
Career
and
Technical
Education
Improvement
Act
of
2006.
A
community
college
shall
not
be
so
designated
by
the
director
for
the
expenditure
of
funds
under
20
U.S.C.
§2301
et
seq.,
as
amended,
which
has
not
been
designated
and
classified
as
a
community
college
by
the
state
board.
2.
Change
boundaries
of
director
districts
in
a
merged
area
when
the
board
fails
to
change
boundaries
as
required
by
law.
3.
Make
changes
in
boundaries
of
merged
areas
with
the
approval
of
the
board
of
directors
of
each
merged
area
affected
by
the
change.
When
the
boundaries
of
a
merged
area
are
changed,
the
director
of
the
department
of
education
may
authorize
the
board
of
directors
of
the
merged
area
to
levy
Senate
File
514,
p.
1283
additional
taxes
upon
the
property
within
the
merged
area,
or
any
part
of
the
merged
area,
and
distribute
the
taxes
so
that
all
parts
of
the
merged
area
are
paying
their
share
toward
the
support
of
the
college.
4.
Administer,
allocate,
and
disburse
federal
or
state
funds
made
available
to
pay
a
portion
of
the
cost
of
acquiring
sites
for
and
constructing,
acquiring,
or
remodeling
facilities
for
community
colleges,
and
establish
priorities
for
the
use
of
such
funds.
5.
Administer,
allocate,
and
disburse
federal
or
state
funds
available
to
pay
a
portion
of
the
operating
costs
of
community
colleges.
6.
Propose
administrative
rules
to
carry
out
this
chapter
subject
to
approval
of
the
state
board.
7.
Enter
into
contracts
with
local
school
boards
within
the
area
that
have
and
maintain
a
career
and
technical
education
program
and
with
private
schools
or
colleges
in
the
cooperative
or
merged
areas
to
provide
courses
or
programs
of
study
in
addition
to
or
as
a
part
of
the
curriculum
made
available
in
the
community
college.
8.
Make
arrangements
with
boards
of
merged
areas
and
local
school
districts
to
permit
students
attending
high
school
to
participate
in
career
and
technical
education
programs
and
advanced
college
placement
courses
and
obtain
credit
for
such
participation
for
application
toward
the
completion
of
a
high
school
diploma.
The
granting
of
credit
is
subject
to
the
approval
of
the
director
of
the
department
of
education
.
9.
Prescribe
a
uniform
system
of
accounting
for
community
colleges.
10.
Ensure
that
community
colleges
that
provide
intercollegiate
athletics
as
a
part
of
their
program
comply
with
section
216.9
.
11.
Develop
an
application
and
review
process
for
approval
of
administrative
and
program
sharing
agreements
between
two
or
more
community
colleges
or
a
community
college
and
an
institution
of
higher
education
under
the
board
of
regents
entered
into
pursuant
to
section
260C.46.
Sec.
2647.
Section
260C.6,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
1284
260C.6
Community
colleges
division
in
department
bureau
in
the
higher
education
division
.
A
community
colleges
division
bureau
shall
be
established
within
the
higher
education
division
of
the
department
of
education
.
The
division
bureau
shall
exercise
the
powers
and
perform
the
duties
conferred
by
law
upon
the
department
with
respect
to
community
colleges.
Sec.
2648.
Section
260C.18,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Federal
funds
made
available
and
administered
by
the
director
of
the
department
of
education
,
for
purposes
provided
by
federal
laws,
rules,
and
regulations.
Sec.
2649.
Section
260C.46,
Code
2023,
is
amended
to
read
as
follows:
260C.46
Program
and
administrative
sharing.
By
September
1,
1990,
the
The
department
shall
establish
guidelines
and
an
approval
process
for
program
sharing
agreements
and
for
administrative
sharing
agreements
entered
into
by
two
or
more
community
colleges
or
by
a
community
college
and
a
higher
education
institution
under
the
control
of
the
board
of
regents.
Guidelines
established
shall
be
designed
to
increase
student
access
to
programs,
enhance
educational
program
offerings
throughout
the
state,
and
enhance
interinstitutional
cooperation
in
program
offerings.
DIVISION
XV
COMMERCE
CONSUMER
ADVOCATE
Sec.
2650.
Section
475A.3,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
Office.
The
office
of
consumer
advocate
shall
be
a
separate
division
of
the
department
of
justice
and
located
at
the
same
location
as
the
utilities
division
of
the
department
of
commerce
board
.
Administrative
support
services
may
be
provided
to
the
consumer
advocate
division
by
the
department
of
commerce
utilities
board
.
3.
Salaries,
expenses,
and
appropriation.
The
salary
of
the
consumer
advocate
shall
be
fixed
by
the
attorney
general
within
the
salary
range
set
by
the
general
assembly.
The
salaries
of
employees
of
the
consumer
advocate
shall
be
at
rates
of
Senate
File
514,
p.
1285
compensation
consistent
with
current
standards
in
industry.
The
reimbursement
of
expenses
for
the
employees
and
the
consumer
advocate
is
as
provided
by
law.
The
appropriation
for
the
office
of
consumer
advocate
shall
be
a
separate
line
item
contained
in
the
appropriation
from
the
department
of
commerce
revolving
fund
created
in
section
546.12
.
Sec.
2651.
Section
475A.4,
Code
2023,
is
amended
to
read
as
follows:
475A.4
Utilities
division
board
records.
The
consumer
advocate
has
free
access
to
all
the
files,
records,
and
documents
in
the
office
of
the
utilities
division
board
except:
1.
Personal
information
in
confidential
personnel
records
of
the
utilities
division
board
.
2.
Records
which
represent
and
constitute
the
work
product
of
the
general
counsel
of
the
utilities
board,
and
records
of
confidential
communications
between
utilities
board
members
and
their
general
counsel,
where
the
records
relate
to
a
proceeding
before
the
board
in
which
the
consumer
advocate
is
a
party
or
a
proceeding
in
any
state
or
federal
court
in
which
both
the
board
and
the
consumer
advocate
are
parties.
3.
Customer
information
of
a
confidential
nature
which
could
jeopardize
the
customer’s
competitive
status
and
is
provided
by
the
utility
to
the
division
board
.
Such
information
shall
be
provided
to
the
consumer
advocate
by
the
division
board
,
if
the
board
determines
it
to
be
in
the
public
interest.
Sec.
2652.
Section
475A.6,
Code
2023,
is
amended
to
read
as
follows:
475A.6
Certification
of
expenses
to
utilities
division
board
.
1.
a.
The
consumer
advocate
shall
determine
the
advocate’s
expenses,
including
a
reasonable
allocation
of
general
office
expenses,
directly
attributable
to
the
performance
of
the
advocate’s
duties
involving
specific
persons
subject
to
direct
assessment,
and
shall
certify
the
expenses
to
the
utilities
division
board
not
less
than
quarterly.
The
expenses
shall
then
be
includable
in
the
expenses
of
the
division
board
subject
to
direct
assessment
under
section
476.10
.
b.
The
consumer
advocate
shall
annually,
within
ninety
days
after
the
close
of
each
fiscal
year,
determine
the
advocate’s
Senate
File
514,
p.
1286
expenses,
including
a
reasonable
allocation
of
general
office
expenses,
attributable
to
the
performance
of
the
advocate’s
duties
generally,
and
shall
certify
the
expenses
to
the
utilities
division
board
.
The
expenses
shall
then
be
includable
in
the
expenses
of
the
division
board
subject
to
remainder
assessment
under
section
476.10
.
2.
The
consumer
advocate
is
entitled
to
notice
and
opportunity
to
be
heard
in
any
utilities
board
proceeding
on
objection
to
an
assessment
for
expenses
certified
by
the
consumer
advocate.
Expenses
assessed
under
this
section
shall
not
exceed
the
amount
appropriated
for
the
consumer
advocate
division
of
the
department
of
justice.
3.
The
office
of
consumer
advocate
may
expend
additional
funds,
including
funds
for
outside
consultants,
if
those
additional
expenditures
are
actual
expenses
which
exceed
the
funds
budgeted
for
the
performance
of
the
advocate’s
duties.
Before
the
office
expends
or
encumbers
an
amount
in
excess
of
the
funds
budgeted,
the
director
of
the
department
of
management
shall
approve
the
expenditure
or
encumbrance.
Before
approval
is
given,
the
director
of
the
department
of
management
shall
determine
that
the
expenses
exceed
the
funds
budgeted
by
the
general
assembly
to
the
office
of
consumer
advocate
and
that
the
office
does
not
have
other
funds
from
which
such
expenses
can
be
paid.
Upon
approval
of
the
director
of
the
department
of
management,
the
office
may
expend
and
encumber
funds
for
excess
expenses.
The
amounts
necessary
to
fund
the
excess
expenses
shall
be
collected
from
those
utilities
or
persons
which
caused
the
excess
expenditures,
and
the
collections
shall
be
treated
as
repayment
receipts
as
defined
in
section
8.2,
subsection
8
.
IOWA
UTILITIES
BOARD
Sec.
2653.
Section
6A.21,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
limitation
on
the
definition
of
public
use,
public
purpose,
or
public
improvement
does
not
apply
to
the
establishment,
relocation,
or
improvement
of
a
road
pursuant
to
chapter
306
,
or
to
the
establishment
of
a
railway
under
the
supervision
of
the
department
of
transportation
as
provided
in
section
327C.2
,
or
to
an
airport
as
defined
in
section
328.1
,
or
to
land
acquired
in
order
to
replace
or
mitigate
land
used
Senate
File
514,
p.
1287
in
a
road
project
when
federal
law
requires
replacement
or
mitigation.
This
limitation
also
does
not
apply
to
utilities,
persons,
companies,
or
corporations
under
the
jurisdiction
of
the
Iowa
utilities
board
in
the
department
of
commerce
or
to
any
other
utility
conferred
the
right
by
statute
to
condemn
private
property
or
to
otherwise
exercise
the
power
of
eminent
domain,
except
to
the
extent
such
purpose
includes
construction
of
aboveground
merchant
lines.
Sec.
2654.
Section
6B.42,
subsection
2,
paragraphs
b
and
d,
Code
2023,
are
amended
to
read
as
follows:
b.
A
person
aggrieved
by
a
determination
made
by
a
utility
as
to
eligibility
for
relocation
assistance,
a
payment,
or
the
amount
of
the
payment,
upon
application,
may
have
the
matter
reviewed
by
the
utilities
division
of
the
department
of
commerce
board
.
d.
A
utility
or
railroad
subject
to
this
section
that
proposes
to
displace
a
person
shall
inform
the
person
of
the
person’s
right
to
receive
relocation
assistance
and
payments,
and
of
an
aggrieved
person’s
right
to
appeal
to
the
utilities
division
of
the
department
of
commerce
board
or
the
state
department
of
transportation.
Sec.
2655.
Section
6B.45,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
When
any
real
property
or
interest
in
real
property
is
to
be
purchased,
or
in
lieu
thereof
to
be
condemned,
the
acquiring
agency
or
its
agent
shall
submit
to
the
person,
corporation,
or
entity
whose
property
or
interest
in
the
property
is
to
be
taken,
by
ordinary
mail,
at
least
ten
days
prior
to
the
date
upon
which
the
acquiring
agency
or
its
agent
contacts
the
property
owner
to
commence
negotiations,
a
copy
of
the
appraisal
in
its
entirety
upon
such
real
property
or
interest
in
such
real
property
prepared
for
the
acquiring
agency
or
its
agent,
which
shall
include,
at
a
minimum,
an
itemization
of
the
appraised
value
of
the
real
property
or
interest
in
the
property,
any
buildings
on
the
property,
all
other
improvements
including
fences,
severance
damages,
and
loss
of
access.
In
determining
fair
market
value
of
property,
the
acquiring
agency
shall
not
consider
only
the
assessed
value
assigned
to
such
property
for
purposes
of
property
taxation.
The
appraisal
sent
to
the
Senate
File
514,
p.
1288
condemnee
shall
be
that
appraisal
upon
which
the
condemnor
will
rely
to
establish
an
amount
which
the
condemnor
believes
to
be
just
compensation
for
the
real
property.
All
other
appraisals
made
on
the
property
as
a
result
of
the
condemnation
proceeding
shall
be
made
available
to
the
condemnee
upon
request.
In
lieu
of
an
appraisal,
a
utility
or
person
under
the
jurisdiction
of
the
utilities
board
of
the
department
of
commerce
,
or
any
other
utility
conferred
the
right
by
statute
to
condemn
private
property,
shall
provide
in
writing
by
certified
mail
to
the
owner
of
record
thirty
days
prior
to
negotiations,
the
methods
and
factors
used
in
arriving
at
an
offered
price
for
voluntary
easements
including
the
range
of
cash
amount
of
each
component.
An
acquiring
agency
may
obtain
a
signed
written
waiver
from
the
landowner
to
allow
negotiations
to
commence
prior
to
the
expiration
of
the
applicable
waiting
period
for
the
commencement
of
negotiations.
Sec.
2656.
Section
6B.54,
subsections
2
and
3,
Code
2023,
are
amended
to
read
as
follows:
2.
Real
property
shall
be
appraised
as
required
by
section
6B.45
before
the
initiation
of
negotiations,
and
the
owner
or
the
owner’s
designated
representative
shall
be
given
an
opportunity
to
accompany
at
least
one
appraiser
of
the
acquiring
agency
during
an
inspection
of
the
property,
except
that
an
acquiring
agency
may
prescribe
a
procedure
to
waive
the
appraisal
in
cases
involving
the
acquisition
of
property
with
a
low
fair
market
value.
In
lieu
of
an
appraisal,
a
utility
or
person
under
the
jurisdiction
of
the
utilities
board
of
the
department
of
commerce
,
or
any
other
utility
conferred
the
right
by
statute
to
condemn
private
property,
shall
provide
in
writing
by
certified
mail
to
the
owner
of
record
thirty
days
before
negotiations,
the
methods
and
factors
used
in
arriving
at
an
offered
price
for
voluntary
easements
including
the
range
of
cash
amount
of
each
component.
3.
Before
the
initiation
of
negotiations
for
real
property,
the
acquiring
agency
shall
establish
an
amount
which
it
believes
to
be
just
compensation
for
the
real
property,
and
shall
make
a
prompt
offer
to
acquire
the
property
for
the
full
amount
established
by
the
agency.
In
no
event
shall
the
amount
be
less
than
the
fair
market
value
the
acquiring
agency
has
Senate
File
514,
p.
1289
established
for
the
property
or
property
interest
pursuant
to
the
appraisal
required
in
section
6B.45
or
less
than
the
value
determined
under
the
acquiring
agency’s
waiver
procedure
established
pursuant
to
subsection
2
.
A
purchase
offer
made
by
an
acquiring
agency
shall
include
provisions
for
payment
to
the
owner
of
expenses,
including
relocation
expenses,
expenses
listed
in
subsection
10
,
and
other
expenses
required
by
law
to
be
paid
by
an
acquiring
agency
to
a
condemnee.
However,
in
the
alternative,
the
acquiring
agency
may
make,
and
the
owner
may
accept,
a
purchase
offer
from
the
acquiring
agency
that
is
an
amount
equal
to
one
hundred
thirty
percent
of
the
appraisal
amount
plus
payment
to
the
owner
of
expenses
listed
in
subsection
10
,
once
those
expenses
have
been
determined.
If
the
owner
accepts
such
a
purchase
offer,
the
owner
is
barred
from
claiming
payment
from
the
acquiring
agency
for
any
other
expenses
allowed
by
law.
In
the
case
of
a
utility
or
person
under
the
jurisdiction
of
the
utilities
board
of
the
department
of
commerce
,
or
any
other
utility
conferred
the
right
by
statute
to
condemn
private
property,
the
amount
shall
not
be
less
than
the
amount
indicated
by
the
methods
and
factors
used
in
arriving
at
an
offered
price
for
a
voluntary
easement.
The
option
to
make
an
alternative
purchase
offer
does
not
apply
when
property
is
being
acquired
for
street
and
highway
projects
undertaken
by
the
state,
a
county,
or
a
city.
Sec.
2657.
Section
8C.2,
subsection
3,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
utilities
division
of
the
department
of
commerce
board
.
Sec.
2658.
Section
12.10,
Code
2023,
is
amended
to
read
as
follows:
12.10
Deposits
by
state
officers.
Except
as
otherwise
provided,
all
elective
and
appointive
state
officers,
boards,
commissions,
and
departments
shall,
within
ten
days
succeeding
the
collection,
deposit
with
the
treasurer
of
state,
or
to
the
credit
of
the
treasurer
of
state
in
any
depository
designated
by
the
treasurer
of
state,
ninety
percent
of
all
fees,
commissions,
and
moneys
collected
or
received.
The
balance
actually
collected
in
cash,
remaining
in
the
hands
of
any
officer,
board,
or
department
shall
not
Senate
File
514,
p.
1290
exceed
the
sum
of
five
thousand
dollars
and
money
collected
shall
not
be
held
more
than
thirty
days.
This
section
does
not
apply
to
the
state
fair
board,
the
state
board
of
regents,
the
utilities
board
of
the
department
of
commerce
,
the
director
of
the
department
of
human
services,
the
Iowa
finance
authority
or
to
the
funds
received
by
the
state
racing
and
gaming
commission
under
sections
99D.7
and
99D.14
.
Sec.
2659.
Section
15H.6,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
commission,
in
collaboration
with
the
department
of
natural
resources,
the
department
of
workforce
development,
and
the
utilities
board
of
the
department
of
commerce
,
shall
establish
an
Iowa
green
corps
program.
The
commission
shall
work
with
the
collaborating
agencies
and
nonprofit
agencies
in
developing
a
strategy
for
attracting
additional
financial
resources
for
the
program
from
other
sources
which
may
include
but
are
not
limited
to
utilities,
private
sector,
and
local,
state,
and
federal
government
funding
sources.
The
financial
resources
received
shall
be
credited
to
the
community
programs
account
created
pursuant
to
section
15H.5
.
Sec.
2660.
Section
22.7,
subsection
71,
Code
2023,
is
amended
to
read
as
follows:
71.
Information
and
records
related
to
cyber
security
information
or
critical
infrastructure,
the
disclosure
of
which
may
expose
or
create
vulnerability
to
critical
infrastructure
systems,
held
by
the
utilities
board
of
the
department
of
commerce
or
the
department
of
homeland
security
and
emergency
management
for
purposes
relating
to
the
safeguarding
of
telecommunications,
electric,
water,
sanitary
sewage,
storm
water
drainage,
energy,
hazardous
liquid,
natural
gas,
or
other
critical
infrastructure
systems.
For
purposes
of
this
subsection,
“cyber
security
information”
includes
but
is
not
limited
to
information
relating
to
cyber
security
defenses,
threats,
attacks,
or
general
attempts
to
attack
cyber
system
operations.
Sec.
2661.
Section
313.4,
subsection
4,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
costs
of
serving
freeway
lighting
for
each
utility
providing
the
service
shall
be
determined
by
the
utilities
Senate
File
514,
p.
1291
division
of
the
department
of
commerce
board
,
and
rates
for
such
service
shall
be
no
higher
than
necessary
to
recover
these
costs.
Funds
received
under
the
provisions
of
this
subsection
shall
be
used
solely
for
the
operation
and
maintenance
of
a
freeway
lighting
system.
Sec.
2662.
Section
320.4,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
To
lay
gas
mains
in
highways
outside
cities
to
local
municipal
distributing
plants
or
companies,
but
not
to
pipeline
companies.
This
section
shall
not
apply
to
or
include
pipeline
companies
required
to
obtain
a
license
from
the
utilities
division
of
the
department
of
commerce
board
.
Sec.
2663.
Section
357A.19,
Code
2023,
is
amended
to
read
as
follows:
357A.19
Not
exempt
from
other
requirements.
This
chapter
does
not
exempt
any
district
from
the
requirements
of
any
other
statute,
whether
enacted
prior
to
or
subsequent
to
July
1,
1970,
under
which
the
district
is
required
to
obtain
the
permission
or
approval
of,
or
to
notify,
the
department,
the
utilities
division
of
the
department
of
commerce
board
,
or
any
other
agency
of
this
state
or
of
any
of
its
political
subdivisions
prior
to
proceeding
with
construction,
acquisition,
operation,
enlargement,
extension,
or
alteration
of
any
works
or
facilities
which
the
district
is
authorized
to
undertake
pursuant
to
this
chapter
.
Sec.
2664.
Section
364.3,
subsection
13,
paragraph
b,
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
(2)
Paragraph
“a”
does
not
apply
to
an
ordinance,
motion,
resolution,
or
amendment
relating
to
the
rates,
services,
or
governance
of
a
public
utility
providing
gas
service
to
the
public
for
compensation
and
subject
to
the
jurisdiction
of
the
utilities
board
of
the
department
of
commerce
pursuant
to
section
476.1B
.
Sec.
2665.
Section
364.23,
Code
2023,
is
amended
to
read
as
follows:
364.23
Energy-efficient
lighting
required.
All
city-owned
exterior
flood
lighting,
including
but
not
limited
to
street
and
security
lighting
but
not
including
era
or
period
lighting
which
has
a
minimum
efficiency
rating
of
Senate
File
514,
p.
1292
fifty-eight
lumens
per
watt
and
not
including
stadium
or
ball
park
lighting,
shall
be
replaced,
when
worn-out,
exclusively
with
high
pressure
sodium
lighting
or
lighting
with
equivalent
or
better
energy
efficiency
as
approved
in
rules
adopted
by
the
utilities
board
within
the
utilities
division
of
the
department
of
commerce
.
In
lieu
of
the
requirements
established
for
replacement
lighting
under
this
section
,
stadium
or
ball
park
lighting
shall
be
replaced,
when
worn-out,
with
the
most
energy-efficient
lighting
available
at
the
time
of
replacement
which
may
include
metal
halide,
high-pressure
sodium,
or
other
light
sources
which
may
be
developed.
Sec.
2666.
Section
384.84,
subsection
3,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
A
city
utility
or
enterprise
service
to
a
property
or
premises,
including
services
of
sewer
systems,
storm
water
drainage
systems,
sewage
treatment,
solid
waste
collection,
water,
solid
waste
disposal,
or
any
of
these
services,
may
be
discontinued
or
disconnected
if
the
account
for
the
service
becomes
delinquent.
Gas
or
electric
service
provided
by
a
city
utility
or
enterprise
shall
be
discontinued
or
disconnected
only
as
provided
by
section
476.20,
subsections
1
through
4,
and
discontinuance
or
disconnection
of
those
services
is
subject
to
rules
adopted
by
the
utilities
board
of
the
department
of
commerce
.
Sec.
2667.
Section
422.93,
Code
2023,
is
amended
to
read
as
follows:
422.93
Public
utility
accounting
method.
Nothing
in
this
chapter
shall
be
construed
to
require
the
utilities
board
of
the
department
of
commerce
to
allow
or
require
the
use
of
any
particular
method
of
accounting
by
any
public
utility
to
compute
its
tax
expense,
depreciation
expense,
or
operating
expense
for
purposes
of
establishing
its
cost
of
service
for
rate-making
purposes
and
for
reflecting
operating
results
in
its
regulated
books
of
account.
Sec.
2668.
Section
474.1,
Code
2023,
is
amended
to
read
as
follows:
474.1
Creation
of
division
and
board
——
organization.
1.
A
utilities
division
board
is
created
within
the
department
of
commerce
.
The
policymaking
body
for
the
division
Senate
File
514,
p.
1293
is
the
utilities
board
which
is
created
within
the
division.
The
board
is
composed
shall
consist
of
three
members
appointed
by
the
governor
and
subject
to
confirmation
by
the
senate,
not
more
than
two
of
whom
shall
be
from
the
same
political
party.
Each
member
appointed
shall
serve
for
six-year
staggered
terms
beginning
and
ending
as
provided
by
section
69.19
.
Vacancies
shall
be
filled
for
the
unexpired
portion
of
the
term
in
the
same
manner
as
full-term
appointments
are
made.
2.
a.
Subject
to
confirmation
by
the
senate,
the
governor
shall
appoint
a
member
as
the
chairperson
of
the
board.
The
chairperson
shall
be
the
administrator
of
the
utilities
division
board
.
The
appointment
as
chairperson
shall
be
for
a
two-year
term
which
begins
and
ends
as
provided
in
section
69.19
.
b.
The
board
shall
appoint
a
chief
operating
officer
to
manage
the
operations
of
the
utilities
division
as
directed
by
the
board.
The
board
shall
set
the
salary
of
the
chief
operating
officer
within
the
limits
of
the
pay
plan
for
exempt
positions
provided
for
in
section
8A.413,
subsection
3
,
unless
otherwise
provided
by
the
general
assembly.
The
board
may
employ
additional
personnel
as
it
finds
necessary.
3.
The
utilities
board
shall
regulate
and
supervise
public
utilities
operating
in
the
state.
The
board
shall
enforce
and
implement
chapters
476,
476A,
477C,
478,
479,
479A,
and
479B
and
shall
perform
other
duties
assigned
to
it
by
law.
3.
4.
As
used
in
this
chapter
and
chapters
475A
,
476
,
476A
,
477C,
478
,
479
,
479A
,
and
479B
,
“division”
“board”
and
“utilities
division”
“utilities
board”
mean
the
Iowa
utilities
division
of
the
department
of
commerce
board
.
Sec.
2669.
Section
476.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
utilities
board
within
the
utilities
division
of
the
department
of
commerce
shall
regulate
the
rates
and
services
of
public
utilities
to
the
extent
and
in
the
manner
hereinafter
provided.
Sec.
2670.
Section
476.1,
subsection
2,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2671.
Section
476.1A,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
Senate
File
514,
p.
1294
a.
Assessment
of
fees
for
the
support
of
the
division
board
and
the
office
of
consumer
advocate,
pursuant
to
section
476.10
.
Sec.
2672.
Section
476.1B,
subsection
1,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
Assessment
of
fees
for
the
support
of
the
division
board
and
the
office
of
consumer
advocate,
as
set
forth
in
section
476.10
.
Sec.
2673.
Section
476.3,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
If,
as
a
result
of
a
review
procedure
conducted
under
section
476.31
,
a
review
conducted
under
section
476.32
,
a
special
audit,
an
investigation
by
division
board
staff,
or
an
investigation
by
the
consumer
advocate,
a
petition
is
filed
with
the
board
by
the
consumer
advocate,
alleging
that
a
utility’s
rates
are
excessive,
the
disputed
amount
shall
be
specified
in
the
petition.
The
public
utility
shall,
within
the
time
prescribed
by
the
board,
file
a
bond
or
undertaking
approved
by
the
board
conditioned
upon
the
refund
in
a
manner
prescribed
by
the
board
of
amounts
collected
after
the
date
of
filing
of
the
petition
in
excess
of
rates
or
charges
finally
determined
by
the
board
to
be
lawful.
If
upon
hearing
the
board
finds
that
the
utility’s
rates
are
unlawful,
the
board
shall
order
a
refund,
with
interest,
of
amounts
collected
after
the
date
of
filing
of
the
petition
that
are
determined
to
be
in
excess
of
the
amounts
which
would
have
been
collected
under
the
rates
finally
approved.
However,
the
board
shall
not
order
a
refund
that
is
greater
than
the
amount
specified
in
the
petition,
plus
interest,
and
if
the
board
fails
to
render
a
decision
within
ten
months
following
the
date
of
filing
of
the
petition,
the
board
shall
not
order
a
refund
of
any
excess
amounts
that
are
collected
after
the
expiration
of
that
ten-month
period
and
prior
to
the
date
the
decision
is
rendered.
Sec.
2674.
Section
476.10,
Code
2023,
is
amended
to
read
as
follows:
476.10
Investigations
——
expense
——
appropriation.
1.
a.
In
order
to
carry
out
the
duties
imposed
upon
it
by
law,
the
board
may,
at
its
discretion,
allocate
and
charge
directly
the
expenses
attributable
to
its
duties
to
the
person
bringing
a
proceeding
before
the
board,
to
persons
Senate
File
514,
p.
1295
participating
in
matters
before
the
board,
or
to
persons
subject
to
inspection
by
the
board.
The
board
shall
ascertain
the
certified
expenses
incurred
and
directly
chargeable
by
the
consumer
advocate
division
of
the
department
of
justice
in
the
performance
of
its
duties.
The
board
and
the
consumer
advocate
separately
may
decide
not
to
charge
expenses
to
persons
who,
without
expanding
the
scope
of
the
proceeding
or
matter,
intervene
in
good
faith
in
a
board
proceeding
initiated
by
a
person
subject
to
the
board’s
jurisdiction,
the
consumer
advocate,
or
the
board
on
its
own
motion.
For
assessments
in
any
proceedings
or
matters
before
the
board,
the
board
and
the
consumer
advocate
separately
may
consider
the
financial
resources
of
the
person,
the
impact
of
assessment
on
participation
by
intervenors,
the
nature
of
the
proceeding
or
matter,
and
the
contribution
of
a
person’s
participation
to
the
public
interest.
The
board
may
present
a
bill
for
expenses
under
this
subsection
to
the
person,
either
at
the
conclusion
of
a
proceeding
or
matter,
or
from
time
to
time
during
its
progress.
Presentation
of
a
bill
for
expenses
under
this
subsection
constitutes
notice
of
direct
assessment
and
request
for
payment
in
accordance
with
this
section
.
b.
The
board
shall
ascertain
the
total
of
the
division’s
board’s
expenses
incurred
during
each
fiscal
year
in
the
performance
of
its
duties
under
law.
The
board
shall
add
to
the
total
of
the
division’s
board’s
expenses
the
certified
expenses
of
the
consumer
advocate
as
provided
under
section
475A.6
.
The
board
shall
deduct
all
amounts
charged
directly
to
any
person
from
the
total
expenses
of
the
board
and
the
consumer
advocate.
The
board
may
assess
the
amount
remaining
after
the
deduction
to
all
persons
providing
service
over
which
the
board
has
jurisdiction
in
proportion
to
the
respective
gross
operating
revenues
of
such
persons
from
intrastate
operations
during
the
last
calendar
year
over
which
the
board
has
jurisdiction.
For
purposes
of
determining
gross
operating
revenues
under
this
section
,
the
board
shall
not
include
gross
receipts
received
by
a
cooperative
corporation
or
association
for
wholesale
transactions
with
members
of
the
cooperative
corporation
or
association,
provided
that
the
members
are
subject
to
assessment
by
the
board
based
upon
the
members’
Senate
File
514,
p.
1296
gross
operating
revenues,
or
provided
that
such
a
member
is
an
association
whose
members
are
subject
to
assessment
by
the
board
based
upon
the
members’
gross
operating
revenues.
If
any
portion
of
the
remainder
can
be
identified
with
a
specific
type
of
utility
service,
the
board
shall
assess
those
expenses
only
to
the
entities
providing
that
type
of
service
over
which
the
board
has
jurisdiction.
The
board
may
make
the
remainder
assessments
under
this
paragraph
to
some
or
all
persons
providing
service
over
which
the
board
has
jurisdiction,
based
upon
estimates
of
the
expenditures
for
the
fiscal
year
for
the
utilities
division
board
and
the
consumer
advocate.
Not
more
than
ninety
days
following
the
close
of
the
fiscal
year,
the
utilities
division
board
shall
conform
the
amount
of
the
prior
fiscal
year’s
assessments
to
the
requirements
of
this
paragraph.
For
gas
and
electric
public
utilities
exempted
from
rate
regulation
pursuant
to
this
chapter
,
and
for
providers
of
telecommunications
service
required
to
register
with
the
board
pursuant
to
section
476.95A
that
are
exempted
from
rate
regulation
pursuant
to
this
chapter
,
the
remainder
assessments
under
this
paragraph
shall
be
computed
at
one-half
the
rate
used
in
computing
the
assessment
for
other
persons.
2.
a.
A
person
subject
to
a
charge
or
assessment
shall
pay
the
division
board
the
amount
charged
or
assessed
against
the
person
within
thirty
days
from
the
time
the
division
board
provides
notice
to
the
person
of
the
amount
due,
unless
the
person
files
an
objection
in
writing
with
the
board
setting
out
the
grounds
upon
which
the
person
claims
that
such
charge
or
assessment
is
excessive,
unreasonable,
erroneous,
unlawful,
or
invalid.
Upon
receipt
of
an
objection,
the
board
shall
set
the
matter
for
hearing
and
issue
its
order
in
accordance
with
its
findings
in
the
proceeding.
b.
The
order
shall
be
subject
to
review
in
the
manner
provided
in
this
chapter
.
All
amounts
collected
by
the
division
board
pursuant
to
the
provisions
of
this
section
shall
be
deposited
with
the
treasurer
of
state
and
credited
to
the
department
of
commerce
revolving
fund
created
in
section
546.12
.
Such
amounts
shall
be
spent
in
accordance
with
the
provisions
of
chapter
8
.
3.
Whenever
the
board
shall
deem
it
necessary
in
order
to
Senate
File
514,
p.
1297
carry
out
the
duties
imposed
upon
it
in
connection
with
rate
regulation
under
section
476.6
,
investigations
under
section
476.3
,
or
review
proceedings
under
section
476.31
,
the
board
may
employ
additional
temporary
or
permanent
staff,
or
may
contract
with
persons
who
are
not
state
employees
for
engineering,
accounting,
or
other
professional
services,
or
both.
The
costs
of
these
additional
employees
and
contract
services
shall
be
paid
by
the
public
utility
whose
rates
are
being
reviewed
in
the
same
manner
as
other
expenses
are
paid
under
this
section
.
Beginning
on
July
1,
1991,
there
is
appropriated
out
of
any
funds
in
the
state
treasury
not
otherwise
appropriated,
such
sums
as
may
be
necessary
to
enable
the
board
to
hire
additional
staff
and
contract
for
services
under
this
section
.
The
board
shall
increase
quarterly
assessments
specified
in
subsection
1
,
paragraph
“b”
,
by
amounts
necessary
to
enable
the
board
to
hire
additional
staff
and
contract
for
services
under
this
section
.
The
authority
to
hire
additional
temporary
or
permanent
staff
that
is
granted
to
the
board
by
this
section
shall
not
be
subject
to
limitation
by
any
administrative
or
executive
order
or
decision
that
restricts
the
number
of
state
employees
or
the
filling
of
employee
vacancies,
and
shall
not
be
subject
to
limitation
by
any
law
of
this
state
that
restricts
the
number
of
state
employees
or
the
filling
of
employee
vacancies
unless
that
law
is
made
applicable
to
this
section
by
express
reference
to
this
section
.
Before
the
board
expends
or
encumbers
an
amount
in
excess
of
the
funds
budgeted
for
rate
regulation
and
before
the
board
increases
quarterly
assessments
pursuant
to
this
subsection
,
the
director
of
the
department
of
management
shall
approve
the
expenditure
or
encumbrance.
Before
approval
is
given,
the
director
of
the
department
of
management
shall
determine
that
the
expenses
exceed
the
funds
budgeted
by
the
general
assembly
to
the
board
for
rate
regulation
and
that
the
board
does
not
have
other
funds
from
which
the
expenses
can
be
paid.
Upon
approval
of
the
director
of
the
department
of
management
the
board
may
expend
and
encumber
funds
for
the
excess
expenses,
and
increase
quarterly
assessments
to
raise
the
additional
funds.
The
board
and
the
office
of
consumer
advocate
may
add
additional
personnel
or
contract
for
additional
assistance
to
review
Senate
File
514,
p.
1298
and
evaluate
energy
efficiency
plans
and
the
implementation
of
energy
efficiency
programs
including,
but
not
limited
to,
professionally
trained
engineers,
accountants,
attorneys,
skilled
examiners
and
inspectors,
and
secretaries
and
clerks.
The
board
and
the
office
of
consumer
advocate
may
also
contract
for
additional
assistance
in
the
evaluation
and
implementation
of
issues
relating
to
telecommunication
competition.
The
board
and
the
office
of
the
consumer
advocate
may
expend
additional
sums
beyond
those
sums
appropriated.
However,
the
authority
to
add
additional
personnel
or
contract
for
additional
assistance
must
first
be
approved
by
the
department
of
management.
The
additional
sums
for
energy
efficiency
shall
be
provided
to
the
board
and
the
office
of
the
consumer
advocate
by
the
utilities
subject
to
the
energy
efficiency
requirements
in
this
chapter
.
Telephone
companies
shall
pay
any
additional
sums
needed
for
assistance
with
telecommunication
competition
issues.
The
assessments
shall
be
in
addition
to
and
separate
from
the
quarterly
assessment.
4.
a.
Fees
paid
to
the
utilities
division
board
shall
be
deposited
in
the
department
of
commerce
revolving
fund
created
in
section
546.12
.
These
funds
shall
be
used
for
the
payment,
upon
appropriation
by
the
general
assembly,
of
the
expenses
of
the
utilities
division
board
and
the
consumer
advocate
division
of
the
department
of
justice.
b.
The
administrator
and
consumer
advocate
shall
account
for
receipts
and
disbursements
according
to
the
separate
duties
imposed
upon
the
utilities
board
and
the
consumer
advocate
divisions
division
by
the
laws
of
this
state
and
each
separate
duty
shall
be
fiscally
self-sustaining.
c.
All
fees
and
other
moneys
collected
under
this
section
and
sections
478.4
,
479.16
,
and
479A.9
shall
be
deposited
into
the
department
of
commerce
revolving
fund
created
in
section
546.12
and
expenses
required
to
be
paid
under
this
section
shall
be
paid
from
funds
appropriated
for
those
purposes.
Sec.
2675.
Section
476.48,
subsections
2
and
6,
Code
2023,
are
amended
to
read
as
follows:
2.
Program
established.
a.
The
utilities
division
board
shall
establish
and
administer
a
small
wind
innovation
zone
program
to
optimize
Senate
File
514,
p.
1299
local,
regional,
and
state
benefits
from
wind
energy
and
to
facilitate
and
expedite
interconnection
of
small
wind
energy
systems
with
electric
utilities
throughout
this
state.
Pursuant
to
the
program,
the
owner
of
a
small
wind
energy
system
located
within
a
small
wind
innovation
zone
desiring
to
interconnect
with
an
electric
utility
shall
benefit
from
a
streamlined
application
process,
may
utilize
a
model
interconnection
agreement,
and
can
qualify
under
a
model
ordinance.
b.
A
political
subdivision
seeking
to
be
designated
a
small
wind
innovation
zone
shall
apply
to
the
division
board
upon
a
form
developed
by
the
division
board
.
The
division
board
shall
approve
an
application
which
documents
that
the
applicable
local
government
has
adopted
the
model
ordinance
or
is
in
the
process
of
amending
an
existing
zoning
ordinance
to
comply
with
the
model
ordinance
and
that
an
electric
utility
operating
within
the
political
subdivision
has
agreed
to
utilize
the
model
interconnection
agreement
to
contract
with
the
small
wind
energy
system
owners
who
agree
to
its
terms.
6.
Reporting
requirements.
The
division
board
shall
prepare
a
report
summarizing
the
number
of
applications
received
from
political
subdivisions
seeking
to
be
designated
a
small
wind
innovation
zone,
the
number
of
applications
granted,
the
number
of
small
wind
energy
systems
generating
electricity
within
each
small
wind
innovation
zone,
and
the
amount
of
wind
energy
produced,
and
shall
submit
the
report
to
the
members
of
the
general
assembly
by
January
1
annually.
Sec.
2676.
Section
476.51,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
Civil
penalties
collected
pursuant
to
this
section
from
utilities
providing
water,
electric,
or
gas
service
shall
be
forwarded
by
the
chief
operating
officer
of
the
board
to
the
treasurer
of
state
to
be
credited
to
the
general
fund
of
the
state
and
to
be
used
only
for
the
low
income
home
energy
assistance
program
and
the
weatherization
assistance
program
administered
by
the
division
of
community
action
agencies
of
the
department
of
human
rights.
Civil
penalties
collected
pursuant
to
this
section
from
utilities
providing
telecommunications
service
shall
be
forwarded
to
the
treasurer
of
state
to
be
Senate
File
514,
p.
1300
credited
to
the
department
of
commerce
revolving
fund
created
in
section
546.12
to
be
used
only
for
consumer
education
programs
administered
by
the
board.
Penalties
paid
by
a
rate-regulated
public
utility
pursuant
to
this
section
shall
be
excluded
from
the
utility’s
costs
when
determining
the
utility’s
revenue
requirement,
and
shall
not
be
included
either
directly
or
indirectly
in
the
utility’s
rates
or
charges
to
customers.
Sec.
2677.
Section
476.63,
Code
2023,
is
amended
to
read
as
follows:
476.63
Energy
efficiency
programs.
The
division
board
shall
consult
with
the
economic
development
authority
in
the
development
and
implementation
of
public
utility
energy
efficiency
programs.
Sec.
2678.
Section
476.87,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
board
shall
allocate
the
costs
and
expenses
reasonably
attributable
to
certification
and
dispute
resolution
in
this
section
to
persons
identified
as
parties
to
such
proceeding
who
are
engaged
in
or
who
seek
to
engage
in
providing
natural
gas
services
or
other
persons
identified
as
participants
in
such
proceeding.
The
funds
received
for
the
costs
and
the
expenses
of
certification
and
dispute
resolution
shall
be
remitted
to
the
treasurer
of
state
for
deposit
in
the
department
of
commerce
revolving
fund
created
in
section
546.12
as
provided
in
section
476.10
.
Sec.
2679.
Section
476.95B,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
In
proceedings
under
47
U.S.C.
§251
–
254,
the
board
shall
allocate
the
costs
and
expenses
of
the
proceedings
to
persons
identified
as
parties
in
the
proceeding
who
are
engaged
in
or
who
seek
to
engage
in
providing
telecommunications
service
or
other
persons
identified
as
participants
in
the
proceeding.
The
funds
received
for
the
costs
and
the
expenses
shall
be
remitted
to
the
treasurer
of
state
for
deposit
in
the
department
of
commerce
revolving
fund
created
in
section
546.12
as
provided
in
section
476.10
.
Sec.
2680.
Section
476.103,
subsection
4,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
A
civil
penalty
collected
pursuant
to
this
subsection
Senate
File
514,
p.
1301
shall
be
forwarded
by
the
chief
operating
officer
of
the
board
to
the
treasurer
of
state
to
be
credited
to
the
department
of
commerce
revolving
fund
created
in
section
546.12
and
to
be
used
only
for
consumer
education
programs
administered
by
the
board.
Sec.
2681.
Section
476A.1,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Board”
means
the
utilities
board
within
the
utilities
division
of
the
department
of
commerce
.
Sec.
2682.
Section
476A.10,
Code
2023,
is
amended
to
read
as
follows:
476A.10
Costs
of
proceeding.
The
applicant
for
a
certificate,
or
an
amendment
to
certificate,
shall
pay
all
the
costs
and
expenses
incurred
by
the
division
board
in
reaching
a
decision
on
the
application
including
the
costs
of
examinations
of
the
site,
the
hearing,
publishing
of
notice,
division
board
staff
salaries,
the
cost
of
consultants
employed
by
the
division
board
,
and
other
expenses
reasonably
attributable
to
the
proceeding.
Sec.
2683.
Section
476A.14,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Any
person
who
commences
to
construct
a
facility
as
provided
in
this
subchapter
without
having
first
obtained
a
certificate,
or
who
constructs,
operates,
or
maintains
any
facility
other
than
in
compliance
with
a
certificate
issued
by
the
board
or
a
certificate
amended
pursuant
to
this
subchapter
,
or
who
causes
any
of
these
acts
to
occur,
shall
be
liable
for
a
civil
penalty
of
not
more
than
ten
thousand
dollars
for
each
violation
or
for
each
day
of
continuing
violation.
Civil
penalties
collected
pursuant
to
this
subsection
shall
be
forwarded
by
the
clerk
of
court
to
the
treasurer
of
state
for
deposit
in
the
department
of
commerce
revolving
fund
created
in
section
546.12
.
Sec.
2684.
Section
476B.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Board”
means
the
utilities
board
within
the
utilities
division
of
the
department
of
commerce
.
Sec.
2685.
Section
476C.1,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
“Board”
means
the
utilities
board
within
the
utilities
Senate
File
514,
p.
1302
division
of
the
department
of
commerce
.
Sec.
2686.
Section
477A.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Board”
means
the
utilities
board
within
the
utilities
division
of
the
department
of
commerce
.
Sec.
2687.
Section
477C.2,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Board”
means
the
utilities
board
within
the
department
of
commerce
created
in
section
474.1
.
Sec.
2688.
Section
478.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
person
shall
not
construct,
erect,
maintain,
or
operate
a
transmission
line,
wire,
or
cable
that
is
capable
of
operating
at
an
electric
voltage
of
sixty-nine
kilovolts
or
more
along,
over,
or
across
any
public
highway
or
grounds
outside
of
cities
for
the
transmission,
distribution,
or
sale
of
electric
current
without
first
procuring
from
the
utilities
board
within
the
utilities
division
of
the
department
of
commerce
a
franchise
granting
authority
as
provided
in
this
chapter
.
Sec.
2689.
Section
478.4,
Code
2023,
is
amended
to
read
as
follows:
478.4
Franchise
——
hearing.
The
utilities
board
shall
consider
the
petition
and
any
objections
filed
to
it
in
the
manner
provided.
It
shall
examine
the
proposed
route
or
cause
any
engineer
selected
by
it
to
do
so.
If
a
hearing
is
held
on
the
petition
it
may
hear
testimony
as
may
aid
it
in
determining
the
propriety
of
granting
the
franchise.
It
may
grant
the
franchise
in
whole
or
in
part
upon
the
terms,
conditions,
and
restrictions,
and
with
the
modifications
as
to
location
and
route
as
may
seem
to
it
just
and
proper.
Before
granting
the
franchise,
the
utilities
board
shall
make
a
finding
that
the
proposed
line
or
lines
are
necessary
to
serve
a
public
use
and
represents
a
reasonable
relationship
to
an
overall
plan
of
transmitting
electricity
in
the
public
interest.
A
franchise
shall
not
become
effective
until
the
petitioners
shall
pay,
or
file
an
agreement
to
pay,
all
costs
and
expenses
of
the
franchise
proceeding,
whether
or
not
objections
are
filed,
including
costs
of
inspections
or
examinations
of
the
route,
hearing,
salaries,
publishing
Senate
File
514,
p.
1303
of
notice,
and
any
other
expenses
reasonably
attributable
to
it.
The
funds
received
for
the
costs
and
the
expenses
of
the
franchise
proceeding
shall
be
remitted
to
the
treasurer
of
state
for
deposit
in
the
department
of
commerce
revolving
fund
created
in
section
546.12
as
provided
in
section
476.10
.
Sec.
2690.
Section
478A.7,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Notwithstanding
subsection
1
,
commencing
January
1,
1990,
a
person
may
sell
or
offer
for
sale
in
this
state
a
decorative
gas
lamp
manufactured
after
December
31,
1978,
if
the
utilities
board
within
the
utilities
division
of
the
department
of
commerce
determines,
after
notice
and
an
opportunity
for
interested
persons
to
comment
at
an
oral
presentation,
that
the
sale
or
offer
for
sale
of
decorative
gas
lamps
does
not
violate
the
public
interest.
Sec.
2691.
Section
479.2,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Board”
means
the
utilities
board
within
the
utilities
division
of
the
department
of
commerce
.
Sec.
2692.
Section
479.16,
Code
2023,
is
amended
to
read
as
follows:
479.16
Receipt
of
funds.
All
moneys
received
under
this
chapter
shall
be
remitted
monthly
to
the
treasurer
of
state
and
credited
to
the
department
of
commerce
revolving
fund
created
in
section
546.12
as
provided
in
section
476.10
.
Sec.
2693.
Section
479A.2,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Board”
means
the
utilities
board
within
the
utilities
division
of
the
department
of
commerce
.
Sec.
2694.
Section
479A.9,
Code
2023,
is
amended
to
read
as
follows:
479A.9
Deposit
of
funds.
Moneys
received
under
this
chapter
shall
be
credited
to
the
department
of
commerce
revolving
fund
created
in
section
546.12
as
provided
in
section
476.10
.
Sec.
2695.
Section
479B.2,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Board”
means
the
utilities
board
within
the
utilities
Senate
File
514,
p.
1304
division
of
the
department
of
commerce
.
Sec.
2696.
Section
479B.2,
subsection
6,
Code
2023,
is
amended
by
striking
the
subsection.
Sec.
2697.
Section
479B.12,
Code
2023,
is
amended
to
read
as
follows:
479B.12
Use
of
funds.
All
moneys
received
under
this
chapter
,
other
than
civil
penalties
collected
pursuant
to
section
479B.21
,
shall
be
remitted
monthly
to
the
treasurer
of
state
and
credited
to
the
department
of
commerce
revolving
fund
created
in
section
546.12
.
Sec.
2698.
Section
657.1,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Notwithstanding
subsection
1
,
in
an
action
to
abate
a
nuisance
against
an
electric
utility,
an
electric
utility
may
assert
a
defense
of
comparative
fault
as
set
out
in
section
668.3
if
the
electric
utility
demonstrates
that
in
the
course
of
providing
electric
services
to
its
customers
it
has
complied
with
engineering
and
safety
standards
as
adopted
by
the
utilities
board
of
the
department
of
commerce
,
and
if
the
electric
utility
has
secured
all
permits
and
approvals,
as
required
by
state
law
and
local
ordinances,
necessary
to
perform
activities
alleged
to
constitute
a
nuisance.
Sec.
2699.
Section
714D.2,
subsection
9,
Code
2023,
is
amended
to
read
as
follows:
9.
“Unfair
practice”
means
the
same
as
defined
in
section
714.16,
subsection
1
,
and
also
means
any
failure
of
a
person
to
comply
with
the
Telecommunications
Act
or
with
any
statute
or
rule
enforced
by
the
utilities
board
within
the
utilities
division
of
the
department
of
commerce
relating
to
a
telecommunications
service
selection
or
change.
Sec.
2700.
Section
714D.6,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
A
cause
of
action
under
this
section
shall
not
apply
unless,
prior
to
filing
the
action,
the
consumer
has
submitted
a
complaint
to
the
utilities
board
within
the
utilities
division
of
the
department
of
commerce
,
the
utilities
board
has
failed
to
resolve
the
complaint
to
the
consumer’s
satisfaction
within
one
hundred
twenty
days
of
the
date
the
complaint
was
submitted,
Senate
File
514,
p.
1305
and
the
consumer
dismisses
the
complaint
before
the
utilities
board.
The
requirement
that
a
consumer
complaint
be
submitted
to
the
utilities
board
and
resolved
by
the
utilities
board
to
the
consumer’s
satisfaction
within
one
hundred
twenty
days
of
filing
before
the
consumer
may
file
an
action
pursuant
to
this
section
shall
not
apply
to
an
action
by
the
attorney
general
to
recover
moneys
for
the
consumer
pursuant
to
section
714D.7
or
any
other
law.
A
finding
by
the
utilities
board
that
a
respondent
has
complied
with
rules
governing
carrier
selection
procedures
adopted
by
the
utilities
board
shall
be
an
affirmative
defense
to
any
claim
brought
under
this
section
or
section
476.103
or
714D.7
that
an
unauthorized
change
in
service
has
occurred.
Sec.
2701.
Section
714D.7,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
attorney
general
shall
not
file
a
civil
enforcement
action
under
this
chapter
or
under
section
714.16
against
a
person
for
an
act
which
is
the
subject
of
an
administrative
proceeding
to
impose
a
civil
penalty
which
has
been
initiated
against
the
person
by
the
utilities
board
within
the
utilities
division
of
the
department
of
commerce
.
This
subsection
shall
not
be
construed
to
limit
the
authority
of
the
attorney
general
to
file
a
civil
enforcement
or
other
enforcement
action
against
a
person
for
violating
a
prior
agreement
entered
into
by
the
person
with
the
attorney
general
or
a
court
order
obtained
by
the
attorney
general
against
the
person.
This
subsection
shall
not
be
construed
to
limit
the
authority
of
the
attorney
general
to
file
a
civil
enforcement
or
other
enforcement
action
against
the
person
for
acts
which
are
not
the
subject
of
an
administrative
proceeding
which
has
been
initiated
against
the
person
by
the
utilities
board.
Sec.
2702.
REPEAL.
Section
546.7,
Code
2023,
is
repealed.
DEPARTMENT
OF
INSURANCE
AND
FINANCIAL
SERVICES
Sec.
2703.
Section
7E.5,
subsection
1,
paragraph
f,
Code
2023,
is
amended
to
read
as
follows:
f.
The
department
of
commerce
insurance
and
financial
services
,
created
in
section
546.2
,
which
has
primary
responsibility
for
business
and
professional
regulatory,
service,
and
licensing
insurance
and
financial
services
Senate
File
514,
p.
1306
functions.
Sec.
2704.
Section
7E.5,
subsection
2,
paragraph
a,
Code
2023,
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.
2705.
Section
8A.412,
subsections
18
and
19,
Code
2023,
are
amended
to
read
as
follows:
18.
The
administrator
and
the
deputy
administrator
superintendent
and
deputy
superintendent
of
the
credit
union
division
of
the
department
of
commerce
insurance
and
financial
services
,
all
members
of
the
credit
union
review
board,
and
all
employees
of
the
credit
union
division.
19.
The
superintendent
of
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
,
all
members
of
the
state
banking
council,
and
all
employees
of
the
banking
division
except
for
employees
of
the
professional
licensing
and
regulation
bureau
of
the
division.
Sec.
2706.
Section
8A.438,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
director
may
establish
a
tax-sheltered
investment
program
for
eligible
employees.
The
director
may
arrange
for
the
provision
of
investment
vehicles
authorized
under
section
403(b)
of
the
Internal
Revenue
Code,
as
defined
in
section
422.3
.
The
tax-sheltered
investment
program
shall
include
investment
vehicles
authorized
under
section
403(b)
of
the
Internal
Revenue
Code
provided
by
any
insurance
company
or
investment
company
that
is
recommended
for
inclusion
in
the
program
by
a
person
licensed
as
an
insurance
producer
under
chapter
522B
,
or
registered
as
a
securities
agent
or
investment
adviser
representative
under
chapter
502
,
by
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
.
The
director
shall
require
each
insurance
company
and
investment
company
included
in
the
program
to
utilize
the
third
party
administrator
selected
by
the
department
and
a
common
remitter,
and
shall
limit
the
total
number
of
insurance
companies
and
investment
companies
in
the
program
to
no
more
than
thirty.
To
be
eligible
for
inclusion
in
the
program,
an
Senate
File
514,
p.
1307
insurance
company
shall
have
filed
with,
and
had
the
company’s
contract
and
forms
approved
by,
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
,
and
an
investment
company
shall
be
registered
with
the
federal
securities
and
exchange
commission.
The
department
may
offer
the
tax-sheltered
investment
program
to
eligible
public
employers
in
the
state
of
Iowa.
Sec.
2707.
Section
8E.103,
subsection
1,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
Each
division
within
the
department
of
commerce
insurance
and
financial
services
is
considered
an
agency,
and
each
bureau
within
a
division
of
the
department
of
commerce
insurance
and
financial
services
is
considered
a
division,
as
otherwise
provided
in
chapter
7E
.
Sec.
2708.
Section
8F.2,
subsection
8,
paragraph
b,
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
(3)
A
contract
concerning
an
entity
that
has
contracted
with
the
state
and
is
licensed
and
regulated
by
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2709.
Section
11.5B,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Department
of
commerce
insurance
and
financial
services
.
Sec.
2710.
Section
11.6,
subsection
1,
paragraph
c,
subparagraph
(6),
Code
2023,
is
amended
to
read
as
follows:
(6)
A
joint
investment
trust
organized
pursuant
to
chapter
28E
shall
file
the
audit
reports
required
by
this
chapter
with
the
administrator
of
the
securities
and
regulated
industries
bureau
of
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
within
ten
days
of
receipt
from
the
auditor.
The
auditor
of
a
joint
investment
trust
shall
provide
written
notice
to
the
administrator
of
the
time
of
delivery
of
the
reports
to
the
joint
investment
trust.
Sec.
2711.
Section
15E.17,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Subsections
2
and
3
do
not
apply
to
the
following:
a.
The
utilities
division
of
the
department
of
commerce
board
insofar
as
the
information
relates
to
public
utilities.
b.
The
banking
division
of
the
department
of
commerce
Senate
File
514,
p.
1308
insurance
and
financial
services
.
c.
The
credit
union
division
of
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2712.
Section
16.45,
subsection
5,
Code
2023,
is
amended
to
read
as
follows:
5.
For
purposes
of
this
section
,
“financial
institutions”
means
the
same
as
defined
in
section
12C.1
,
“lender”
means
a
lender
as
defined
in
section
537.1301
that
is
licensed
by
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
,
and
“manufactured
home”
or
“manufactured
housing”
means
the
same
as
the
definition
of
manufactured
home
in
section
435.1
.
Sec.
2713.
Section
16.91,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
With
the
approval
of
the
authority
board
the
division
and
its
board
shall
consult
with
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
in
developing
a
guaranty
contract
acceptable
to
the
secondary
market
and
developing
any
other
feature
of
the
program
with
which
the
insurance
division
may
have
special
expertise.
Except
as
provided
in
this
subsection
,
the
Iowa
title
guaranty
program
is
not
subject
to
the
jurisdiction
of
or
regulation
by
the
insurance
division
or
the
commissioner
of
insurance.
Sec.
2714.
Section
20.4,
subsections
10
and
11,
Code
2023,
are
amended
to
read
as
follows:
10.
Persons
employed
by
the
credit
union
division
of
the
department
of
commerce
insurance
and
financial
services
.
11.
Persons
employed
by
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2715.
Section
68B.2,
subsection
23,
Code
2023,
is
amended
to
read
as
follows:
23.
“Regulatory
agency”
means
the
department
of
agriculture
and
land
stewardship,
department
of
workforce
development,
department
of
commerce
insurance
and
financial
services
,
Iowa
department
of
public
health,
department
of
public
safety,
department
of
education,
state
board
of
regents,
department
of
human
services,
department
of
revenue,
department
of
inspections
and
appeals,
department
of
administrative
services,
public
employment
relations
board,
state
department
Senate
File
514,
p.
1309
of
transportation,
civil
rights
commission,
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.
2716.
Section
85.70,
subsection
2,
paragraph
f,
Code
2023,
is
amended
to
read
as
follows:
f.
Beginning
on
or
before
December
1,
2018,
the
department
of
workforce
development,
in
cooperation
with
the
department
of
education,
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
,
and
all
community
colleges
that
are
participating
in
the
new
career
vocational
training
and
education
program,
shall
prepare
an
annual
report
for
submission
to
the
general
assembly
that
provides
information
about
the
status
of
the
program
including
but
not
limited
to
the
utilization
of
and
participants
in
the
program,
program
completion
rates,
employment
rates
after
completion
of
the
program
and
the
types
of
employment
obtained
by
the
program
participants,
and
the
effects
of
the
program
on
workers’
compensation
premium
rates.
Sec.
2717.
Section
87.11,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
An
employer
seeking
relief
from
the
insurance
requirements
of
this
chapter
shall
pay
to
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
the
following
fees:
a.
A
fee
of
one
hundred
dollars,
to
be
submitted
annually
along
with
an
application
for
relief.
b.
A
fee
of
one
hundred
dollars
for
issuance
of
the
certificate
relieving
the
employer
from
the
insurance
requirements
of
this
chapter
.
c.
A
fee
of
fifty
dollars,
to
be
submitted
with
each
filing
required
by
the
commissioner
of
insurance,
including
but
not
limited
to
the
annual
and
quarterly
financial
statements,
and
material
change
statements.
Sec.
2718.
Section
97B.49B,
subsection
1,
paragraph
e,
subparagraph
(13),
Code
2023,
is
amended
to
read
as
follows:
(13)
An
employee
of
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
who
as
a
condition
of
employment
is
required
to
be
certified
by
the
Iowa
law
Senate
File
514,
p.
1310
enforcement
academy
and
who
is
required
to
perform
the
duties
of
a
peace
officer
as
provided
in
section
507E.8
.
Sec.
2719.
Section
100A.1,
subsection
1,
paragraph
j,
Code
2023,
is
amended
to
read
as
follows:
j.
The
fraud
bureau
within
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2720.
Section
256.35A,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
In
addition,
representatives
of
the
department
of
education,
the
division
of
vocational
rehabilitation
of
the
department
of
education,
the
department
of
public
health,
the
department
of
human
services,
the
Iowa
developmental
disabilities
council,
the
division
of
insurance
of
the
department
of
commerce
insurance
and
financial
services
,
and
the
state
board
of
regents
shall
serve
as
ex
officio
members
of
the
advisory
council.
Ex
officio
members
shall
work
together
in
a
collaborative
manner
to
serve
as
a
resource
to
the
advisory
council.
The
council
may
also
form
workgroups
as
necessary
to
address
specific
issues
within
the
technical
purview
of
individual
members.
Sec.
2721.
Section
502.102,
subsection
27A,
Code
2023,
is
amended
to
read
as
follows:
27A.
“Securities
and
regulated
industries
bureau”
means
the
securities
and
regulated
industries
bureau
of
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2722.
Section
502.321A,
subsection
8,
paragraph
b,
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
(3)
An
offer
in
which
the
target
company
is
an
insurance
company
or
insurance
holding
company
subject
to
regulation
by
the
commissioner
of
insurance,
a
financial
institution
subject
to
regulation
by
the
superintendent
of
banking
or
the
superintendent
of
savings
and
loan
associations,
or
a
public
utility
subject
to
regulation
by
the
utilities
division
of
the
department
of
commerce
board
.
Sec.
2723.
Section
502.601,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Administration.
This
chapter
shall
be
administered
by
the
commissioner
of
insurance
of
this
state.
The
administrator
Senate
File
514,
p.
1311
shall
appoint
a
deputy
administrator
who
shall
be
exempt
from
the
merit
system
provisions
of
chapter
8A,
subchapter
IV
.
The
deputy
administrator
is
the
principal
operations
officer
of
the
securities
and
regulated
industries
bureau
of
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
.
The
deputy
administrator
is
responsible
to
the
administrator
for
the
routine
administration
of
this
chapter
and
the
management
of
the
securities
and
regulated
industries
bureau.
In
the
absence
of
the
administrator,
whether
because
of
vacancy
in
the
office,
by
reason
of
absence,
physical
disability,
or
other
cause,
the
deputy
administrator
shall
be
the
acting
administrator
and
shall,
for
that
period,
have
and
exercise
the
authority
conferred
upon
the
administrator.
The
administrator
may
by
order
delegate
to
the
deputy
administrator
any
or
all
of
the
functions
assigned
to
the
administrator
under
this
chapter
.
The
administrator
shall
employ
officers,
attorneys,
accountants,
and
other
employees
as
needed
for
the
administration
of
this
chapter
.
Sec.
2724.
Section
502A.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Administrator”
means
the
administrator
of
the
securities
and
regulated
industries
bureau
of
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2725.
Section
502A.15,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
This
chapter
shall
be
administered
by
the
administrator
of
the
securities
and
regulated
industries
bureau
of
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2726.
Section
505.1,
Code
2023,
is
amended
to
read
as
follows:
505.1
Insurance
division
created.
An
insurance
division
is
created
within
the
department
of
commerce
insurance
and
financial
services
to
regulate
and
supervise
the
conducting
of
the
business
of
insurance
in
the
state.
The
commissioner
of
insurance
is
the
chief
executive
officer
of
the
division.
As
used
in
this
subtitle
and
chapter
502
,
“division”
means
the
insurance
division.
Sec.
2727.
Section
505.2,
Code
2023,
is
amended
to
read
as
Senate
File
514,
p.
1312
follows:
505.2
Appointment
and
term
of
commissioner.
1.
The
governor
shall
appoint
subject
to
confirmation
by
the
senate,
a
commissioner
of
insurance,
who
shall
be
selected
solely
with
regard
to
qualifications
and
fitness
to
discharge
the
duties
of
this
position,
devote
the
entire
time
to
such
duties,
and
serve
for
four
years
beginning
and
ending
as
provided
by
section
69.19
.
The
governor
may
remove
the
commissioner
for
malfeasance
in
office,
or
for
any
cause
that
renders
the
commissioner
ineligible,
incapable,
or
unfit
to
discharge
the
duties
of
the
office.
2.
A
vacancy
in
the
office
of
the
commissioner
shall
be
filled
for
the
unexpired
portion
of
the
regular
term.
3.
The
commissioner
of
insurance
shall
also
serve
as
the
director
of
the
department
of
insurance
and
financial
services
pursuant
to
section
546.2.
Sec.
2728.
Section
505.5,
Code
2023,
is
amended
to
read
as
follows:
505.5
Expenses
——
salary
.
The
commissioner
shall
be
entitled
to
reimbursement
of
actual
necessary
expenses
in
attending
meetings
of
insurance
commissioners
of
other
states,
and
in
the
performance
of
the
duties
of
the
office.
The
commissioner’s
salary
shall
be
as
fixed
by
the
general
assembly.
Sec.
2729.
Section
505.7,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
All
fees
and
charges
which
are
required
by
law
to
be
paid
by
insurance
companies,
associations,
and
other
regulated
entities
shall
be
payable
to
the
commissioner
of
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
or
department
of
revenue,
as
provided
by
law,
whose
duty
it
shall
be
to
account
for
and
pay
over
the
same
to
the
treasurer
of
state
at
the
time
and
in
the
manner
provided
by
law
for
deposit
in
the
department
of
commerce
revolving
fund
created
in
section
546.12
.
3.
Forty
percent
of
the
nonexamination
revenues
payable
to
the
division
of
insurance
or
the
department
of
revenue
in
connection
with
the
regulation
of
insurance
companies
or
other
entities
subject
to
the
regulatory
jurisdiction
of
the
division
Senate
File
514,
p.
1313
shall
be
deposited
in
the
department
of
commerce
revolving
fund
created
in
section
546.12
and
shall
be
subject
to
annual
appropriation
to
the
division
for
its
operations
and
is
also
subject
to
expenditure
under
subsection
6
.
The
remaining
nonexamination
revenues
payable
to
the
division
of
insurance
or
the
department
of
revenue
shall
be
deposited
in
the
general
fund
of
the
state.
Sec.
2730.
Section
507.1,
subsection
2,
paragraph
c,
Code
2023,
is
amended
to
read
as
follows:
c.
“Division”
means
the
division
of
insurance
of
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2731.
Section
507E.8,
Code
2023,
is
amended
to
read
as
follows:
507E.8
Law
enforcement
authority.
1.
An
individual
employed
by
the
division
and
designated
as
a
peace
officer
shall
be
considered
a
law
enforcement
officer
as
that
term
is
defined
in
section
80B.3
,
and
shall
exercise
the
powers
of
a
law
enforcement
officer
as
follows:
a.
For
purposes
of
an
arrest
resulting
from
a
criminal
violation
of
any
provision
of
the
Code
subject
to
the
jurisdiction
of
the
commissioner
established
as
a
result
of
an
investigation
pursuant
to
this
chapter
or
chapter
502,
502A,
507A,
523A,
523C,
523D,
or
523I
.
b.
While
conducting
an
investigation
or
engaged
in
an
assignment
authorized
by
this
chapter
or
ordered
by
the
commissioner
chapter
502,
502A,
507A,
523A,
523C,
523D,
or
523I
.
c.
To
protect
life
if
a
public
offense
is
committed
in
the
presence
of
the
peace
officer.
d.
While
providing
assistance
to
a
law
enforcement
agency
or
another
law
enforcement
officer.
e.
While
providing
assistance
at
the
request
of
a
member
of
the
public.
2.
Laws
applicable
to
an
arrest
of
an
individual
by
a
law
enforcement
officer
of
the
state
shall
apply
to
an
individual
employed
by
the
division
and
designated
as
a
peace
officer.
An
individual
employed
by
the
division
and
designated
as
a
peace
officer
shall
have
the
power
to
execute
arrest
warrants
and
search
warrants,
serve
subpoenas
issued
for
the
examination,
investigation,
and
trial
of
all
offenses
identified
through
the
Senate
File
514,
p.
1314
course
of
an
investigation
conducted
pursuant
to
this
section
,
and
arrest
upon
probable
cause
without
warrant
a
person
found
in
the
act
of
committing
a
violation
of
this
chapter
or
a
law
of
this
state.
Sec.
2732.
Section
514H.2,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
shall
administer
the
program
in
cooperation
with
the
division
responsible
for
medical
services
within
the
department
of
human
services.
Each
agency
shall
take
all
necessary
actions,
including
filing
an
appropriate
medical
assistance
state
plan
amendment
to
the
state
Medicaid
plan
to
take
full
advantage
of
the
benefits
and
features
of
the
Deficit
Reduction
Act
of
2005.
Sec.
2733.
Section
514H.9,
Code
2023,
is
amended
to
read
as
follows:
514H.9
Rules.
The
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
in
cooperation
with
the
department
of
human
services
shall
adopt
rules
pursuant
to
chapter
17A
as
necessary
to
administer
this
chapter
.
Sec.
2734.
Section
514I.2,
subsection
9,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
An
entity
licensed
by
the
division
of
insurance
of
the
department
of
commerce
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
.
Sec.
2735.
Section
515A.6,
subsection
7,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
commissioner
shall
provide
notice
of
the
filing
of
the
proposed
rates
at
least
thirty
days
before
the
effective
date
of
the
proposed
rates
by
publishing
a
notice
on
the
internet
site
of
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2736.
Section
521H.6,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Documents,
materials,
or
other
information,
including
a
corporate
governance
annual
disclosure,
in
the
possession
or
Senate
File
514,
p.
1315
control
of
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
,
that
is
obtained
by,
created
by,
or
disclosed
to
the
commissioner
or
to
any
other
person
pursuant
to
this
chapter
,
is
recognized
in
this
state
as
being
proprietary
and
containing
trade
secrets.
All
such
documents,
materials,
or
other
information,
including
the
disclosure,
shall
be
confidential
and
privileged,
shall
not
be
subject
to
chapter
22
,
shall
be
considered
confidential
under
chapter
507
,
shall
not
be
subject
to
subpoena,
and
shall
not
be
subject
to
discovery
or
admissible
in
evidence
in
any
private
civil
action.
However,
the
commissioner
is
authorized
to
use
such
documents,
materials,
or
other
information,
including
the
disclosure,
in
the
furtherance
of
any
regulatory
or
legal
action
brought
as
a
part
of
the
commissioner’s
official
duties.
The
commissioner
shall
not
otherwise
make
the
documents,
materials,
or
other
information,
including
the
disclosure,
public
without
the
prior
written
consent
of
the
insurer
or
insurance
group
that
provided
the
documents,
materials,
or
other
information,
including
the
disclosure.
Nothing
in
this
section
shall
be
construed
to
require
written
consent
of
the
insurer
or
insurance
group
before
the
commissioner
may
share
or
receive
confidential
documents,
materials,
or
other
information
related
to
governance
of
an
insurer
or
insurance
group
pursuant
to
subsection
3
to
assist
in
the
performance
of
the
commissioner’s
regular
duties.
Sec.
2737.
Section
522.8,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Documents,
materials,
or
other
information,
including
an
own
risk
and
solvency
assessment
summary
report,
in
the
possession
or
control
of
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
,
that
are
obtained
by,
created
by,
or
disclosed
to
the
commissioner
or
to
any
other
person
pursuant
to
this
chapter
,
are
recognized
in
this
state
as
being
proprietary
and
containing
trade
secrets.
All
such
documents,
materials,
or
other
information,
including
the
summary
report,
shall
be
confidential
and
privileged,
shall
not
be
subject
to
chapter
22
,
shall
not
be
subject
to
subpoena,
and
shall
not
be
subject
to
discovery
or
admissible
in
evidence
in
any
private
civil
action.
However,
the
commissioner
is
authorized
to
use
such
documents,
materials,
or
other
Senate
File
514,
p.
1316
information,
including
the
summary
report,
in
the
furtherance
of
any
regulatory
or
legal
action
brought
as
a
part
of
the
commissioner’s
official
duties.
The
commissioner
shall
not
otherwise
make
the
documents,
materials,
or
other
information,
including
the
summary
report,
public
without
the
prior
written
consent
of
the
insurer
that
provided
the
documents,
materials,
or
other
information,
including
the
summary
report.
Sec.
2738.
Section
523A.807,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
commissioner
shall
post
on
the
internet
site
of
the
division
of
insurance
of
the
department
of
commerce
insurance
and
financial
services
a
list
of
all
persons
licensed
under
this
chapter
and
an
index
of
orders
issued
by
the
commissioner
pertaining
to
such
persons.
Sec.
2739.
Section
524.201,
Code
2023,
is
amended
to
read
as
follows:
524.201
Superintendent
of
banking.
1.
The
governor
shall
appoint,
subject
to
confirmation
by
the
senate,
a
superintendent
of
banking.
The
appointee
shall
be
selected
solely
with
regard
to
qualification
and
fitness
to
discharge
the
duties
of
office,
and
a
person
shall
not
be
appointed
who
has
not
had
at
least
five
years’
experience
as
an
executive
officer
in
a
bank.
The
superintendent
shall
serve
at
the
pleasure
of
the
governor.
2.
The
superintendent
shall
have
an
office
at
the
seat
of
government.
The
regular
term
of
office
shall
be
four
years
beginning
and
ending
as
provided
by
section
69.19
The
superintendent
shall
receive
a
salary
set
by
the
governor
within
a
range
established
by
the
general
assembly
.
Sec.
2740.
Section
524.206,
Code
2023,
is
amended
to
read
as
follows:
524.206
Banking
division
created.
The
banking
division
is
created
within
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2741.
Section
524.207,
subsections
1,
2,
5,
and
6,
Code
2023,
are
amended
to
read
as
follows:
1.
Except
as
otherwise
provided
by
statute,
all
expenses
required
in
the
discharge
of
the
duties
and
responsibilities
imposed
upon
the
banking
division
of
the
department
of
commerce
Senate
File
514,
p.
1317
insurance
and
financial
services
,
the
superintendent,
and
the
state
banking
council
by
the
laws
of
this
state
shall
be
paid
from
fees
provided
by
the
laws
of
this
state
and
appropriated
by
the
general
assembly
from
the
department
of
commerce
revolving
fund
created
in
section
546.12
.
All
of
these
fees
are
payable
to
the
superintendent.
The
superintendent
shall
pay
all
the
fees
and
other
moneys
received
by
the
superintendent
to
the
treasurer
of
state
within
the
time
required
by
section
12.10
and
the
fees
and
other
moneys
shall
be
deposited
into
the
department
of
commerce
revolving
fund
created
in
section
546.12
.
2.
All
fees
and
assessments
generated
as
the
result
of
a
national
bank
or
federal
savings
association
converting
to
a
state
bank
on
or
after
December
31,
2015,
and
thereafter,
are
payable
to
the
superintendent.
The
superintendent
shall
pay
all
the
fees
and
assessments
received
by
the
superintendent
pursuant
to
this
subsection
to
the
treasurer
of
state
within
the
time
required
by
section
12.10
and
the
fees
and
assessments
shall
be
deposited
into
the
department
of
commerce
revolving
fund
created
in
section
546.12
.
An
amount
equal
to
such
fees
and
assessments
deposited
into
the
department
of
commerce
revolving
fund
is
appropriated
from
the
department
of
commerce
revolving
fund
to
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
for
the
fiscal
year
in
which
a
national
bank
or
federal
savings
association
converted
to
a
state
bank
and
an
amount
equal
to
such
annualized
fees
and
assessments
deposited
into
the
department
of
commerce
revolving
fund
in
succeeding
years
is
appropriated
from
the
department
of
commerce
revolving
fund
to
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
for
succeeding
fiscal
years
for
purposes
related
to
the
discharge
of
the
duties
and
responsibilities
imposed
upon
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
,
the
superintendent,
and
the
state
banking
council
by
the
laws
of
this
state.
This
appropriation
shall
be
in
addition
to
the
appropriation
of
moneys
otherwise
described
in
this
section
.
If
a
state
bank
converts
to
a
national
bank
or
federal
savings
association,
any
appropriation
made
pursuant
to
this
subsection
for
the
following
fiscal
year
shall
be
reduced
by
the
amount
of
the
assessment
paid
by
the
state
bank
during
the
Senate
File
514,
p.
1318
fiscal
year
in
which
the
state
bank
converted
to
a
national
bank
or
federal
savings
association.
5.
All
fees
and
moneys
collected
shall
be
deposited
into
the
department
of
commerce
revolving
fund
created
in
section
546.12
and
expenses
required
to
be
paid
under
this
section
shall
be
paid
from
moneys
in
the
department
of
commerce
revolving
fund
and
appropriated
for
those
purposes.
6.
All
moneys
received
by
the
superintendent
pursuant
to
a
multi-state
settlement
with
a
provider
of
financial
services
such
as
a
mortgage
lender,
a
mortgage
servicer,
or
any
other
person
regulated
by
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
shall
be
deposited
into
the
department
of
commerce
revolving
fund
created
in
section
546.12
and
an
amount
equal
to
the
amount
deposited
into
the
fund
is
appropriated
to
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
for
the
fiscal
year
in
which
such
moneys
are
received
and
in
succeeding
fiscal
years
for
the
purpose
of
promoting
financial-related
education
and
supporting
those
duties
of
the
banking
division
related
to
financial
regulation
that
are
limited
to
nonrecurring
expenses
such
as
equipment
purchases,
training,
technology,
and
retirement
payouts
related
to
the
oversight
of
mortgage
lending,
state
banks,
and
other
financial
services
regulated
by
the
banking
division.
This
appropriation
shall
be
in
addition
to
the
appropriation
of
moneys
otherwise
described
in
this
section
.
The
superintendent
shall
submit
a
report
to
the
department
of
management
and
to
the
legislative
services
agency
detailing
the
expenditure
of
moneys
appropriated
to
the
banking
division
pursuant
to
this
subsection
during
each
fiscal
year.
The
initial
report
shall
be
submitted
on
or
before
September
15,
2016,
and
each
September
15
thereafter.
Moneys
appropriated
pursuant
to
this
subsection
are
not
subject
to
section
8.33
and
shall
not
be
transferred,
used,
obligated,
appropriated,
or
otherwise
encumbered
except
as
provided
in
this
subsection
.
Sec.
2742.
Section
527.2,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
“Administrator”
means
and
includes
the
superintendent
of
banking
and
the
superintendent
of
credit
unions
within
Senate
File
514,
p.
1319
the
department
of
commerce
insurance
and
financial
services
and
the
supervisor
of
industrial
loan
companies
within
the
office
of
the
superintendent
of
banking.
However,
the
powers
of
administration
and
enforcement
of
this
chapter
shall
be
exercised
only
as
provided
in
sections
527.3
,
527.5,
subsection
7
,
sections
527.11
,
527.12
,
and
any
other
pertinent
provision
of
this
chapter
.
Sec.
2743.
Section
528.2,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Administrator”
means
the
superintendent
of
banking
and
the
superintendent
of
credit
unions
within
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2744.
Section
533.102,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
“Credit
union
service
organization”
means
a
corporation,
limited
partnership,
or
limited
liability
company
organized
under
state
law
to
provide
financial
and
financial-related
services
for
one
or
more
credit
unions,
each
of
which
owns
part
of
the
capital
stock
of
the
credit
union
service
organization,
as
authorized
under
section
533.301,
subsection
5
,
paragraph
“f”
,
and
which
corporation,
limited
partnership,
or
limited
liability
company
is
subject
to
examination
by
the
credit
union
division
of
the
Iowa
department
of
commerce
insurance
and
financial
services
or
a
federal
supervisory
agency.
Sec.
2745.
Section
533.103,
Code
2023,
is
amended
to
read
as
follows:
533.103
Credit
union
division
created.
A
credit
union
division
of
the
department
of
commerce
insurance
and
financial
services
is
created
to
administer
this
chapter
.
Sec.
2746.
Section
533.104,
Code
2023,
is
amended
to
read
as
follows:
533.104
Superintendent
of
credit
unions
.
1.
A
superintendent
of
credit
unions
shall
be
appointed
by
the
governor
to
serve
at
the
pleasure
of
the
governor
,
subject
to
confirmation
by
the
senate,
to
regulate
credit
unions.
a.
The
appointee
shall
be
selected
solely
with
regard
to
qualification
and
fitness
to
discharge
the
duties
of
office
.
b.
The
and
the
individual
appointed
shall
have
at
least
Senate
File
514,
p.
1320
five
years’
experience
as
a
director
or
executive
officer
of
a
credit
union,
or
comparable
experience
in
the
regulation
or
examination
of
credit
unions.
For
purposes
of
this
paragraph
subsection
,
credit
union
membership
does
not
qualify
as
credit
union
experience.
2.
The
superintendent
shall
have
an
office
at
the
seat
of
government.
The
superintendent’s
term
of
office
shall
be
four
years
beginning
and
ending
as
provided
by
section
69.19
.
The
governor
may
remove
the
superintendent
for
malfeasance
in
office,
or
for
any
cause
that
renders
the
superintendent
ineligible,
incapable,
or
unfit
to
discharge
the
duties
of
the
office.
3.
The
superintendent
shall
receive
a
salary
set
by
the
governor
within
a
range
established
by
the
general
assembly.
4.
A
vacancy
in
the
office
of
superintendent
shall
be
filled
for
the
unexpired
portion
of
the
regular
term.
5.
3.
The
superintendent
may
adopt
rules
as
necessary
or
appropriate
to
administer
this
chapter
,
subject
to
the
prior
approval
of
the
rules
by
the
review
board.
Sec.
2747.
Section
533.111,
subsections
1,
4,
and
5,
Code
2023,
are
amended
to
read
as
follows:
1.
a.
All
expenses
required
in
the
discharge
of
the
duties
and
responsibilities
imposed
upon
the
credit
union
division,
the
superintendent,
and
the
review
board
by
the
laws
of
this
state
shall
be
paid
from
fees
provided
by
the
laws
of
this
state
and
appropriated
by
the
general
assembly
from
the
department
of
commerce
revolving
fund
created
in
section
546.12
.
b.
All
fees
imposed
under
this
chapter
are
payable
to
the
superintendent,
who
shall
pay
all
fees
and
other
moneys
received
to
the
treasurer
of
state
within
the
time
required
by
section
12.10
.
The
treasurer
of
state
shall
deposit
such
funds
in
the
department
of
commerce
revolving
fund
created
in
section
546.12
.
4.
a.
All
fees
and
other
moneys
collected
shall
be
deposited
into
the
department
of
commerce
revolving
fund
created
in
section
546.12
and
expenses
required
to
be
paid
under
this
section
shall
be
paid
from
moneys
in
the
department
of
commerce
revolving
fund
and
appropriated
for
those
purposes.
b.
Funds
appropriated
to
the
credit
union
division
Senate
File
514,
p.
1321
shall
be
subject
at
all
times
to
the
warrant
of
the
director
of
the
department
of
administrative
services,
drawn
upon
written
requisition
of
the
superintendent
or
a
designated
representative,
for
the
payment
of
all
salaries
and
other
expenses
necessary
to
carry
out
the
duties
of
the
credit
union
division.
5.
The
credit
union
division
may
accept
reimbursement
of
expenses
related
to
the
examination
of
a
state
credit
union
from
the
national
credit
union
administration
or
any
other
guarantor
or
insurance
plan
authorized
by
this
chapter
.
These
reimbursements
shall
be
deposited
into
the
department
of
commerce
revolving
fund
created
in
section
546.12
.
Sec.
2748.
Section
533A.10,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
superintendent
may
examine
the
condition
and
affairs
of
a
licensee.
In
connection
with
any
examination,
the
superintendent
may
examine
on
oath
any
licensee,
and
any
director,
officer,
employee,
customer,
creditor,
or
stockholder
of
a
licensee
concerning
the
affairs
and
business
of
the
licensee.
The
superintendent
shall
ascertain
whether
the
licensee
transacts
its
business
in
the
manner
prescribed
by
the
law
and
applicable
rules.
The
licensee
shall
pay
the
cost
of
the
examination
as
determined
by
the
superintendent
based
on
the
actual
cost
of
the
operation
of
the
finance
bureau
of
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
,
including
the
proportionate
share
of
the
administrative
expenses
in
the
operation
of
the
banking
division
attributable
to
the
finance
bureau,
as
determined
by
the
superintendent,
incurred
in
the
discharge
of
duties
imposed
upon
the
superintendent
by
this
chapter
.
Failure
to
pay
the
examination
fee
within
thirty
days
of
receipt
of
demand
from
the
superintendent
shall
subject
the
licensee
to
a
late
fee
of
up
to
five
percent
per
day
of
the
amount
of
the
examination
fee
for
each
day
the
payment
is
delinquent.
Sec.
2749.
Section
533A.14,
Code
2023,
is
amended
to
read
as
follows:
533A.14
Fees
to
state
treasurer.
All
moneys
received
by
the
superintendent
from
fees,
licenses,
and
examinations
pursuant
to
this
chapter
shall
be
Senate
File
514,
p.
1322
deposited
by
the
superintendent
with
the
treasurer
of
state
for
deposit
in
the
department
of
commerce
revolving
fund
created
in
section
546.12
.
Sec.
2750.
Section
533C.902,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
A
financial
services
licensing
fund
is
created
as
a
separate
fund
in
the
state
treasury
under
the
authority
of
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
.
Moneys
deposited
in
the
fund
shall
be
used
to
pay
for
staffing
necessary
to
perform
examinations,
audits,
and
other
duties
required
of
the
superintendent
and
the
banking
division
under
this
chapter
.
Sec.
2751.
Section
533D.11,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
The
superintendent
shall
determine
the
cost
of
the
examination
or
investigation
based
upon
the
actual
cost
of
the
operation
of
the
finance
bureau
of
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
,
including
the
proportionate
share
of
administrative
expenses
in
the
operation
of
the
banking
division
attributable
to
the
finance
bureau
as
determined
by
the
superintendent,
incurred
in
the
discharge
of
duties
imposed
upon
the
superintendent
by
this
chapter
.
Sec.
2752.
Section
535B.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
“Administrator”
means
the
superintendent
of
the
division
of
banking
of
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2753.
Section
535B.10,
subsection
5,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
The
licensee
shall
pay
the
cost
of
the
examination
or
investigation
as
determined
by
the
administrator
based
on
the
actual
cost
of
the
operation
of
the
finance
bureau
of
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
,
including
the
proportionate
share
of
administrative
expenses
in
the
operation
of
the
banking
division
attributable
to
the
finance
bureau
as
determined
by
the
administrator,
incurred
in
the
discharge
of
duties
imposed
upon
the
administrator
by
this
chapter
.
Senate
File
514,
p.
1323
Sec.
2754.
Section
535C.11,
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
This
chapter
does
not
apply
to
activities
or
arrangements
expressly
approved
or
regulated
by
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2755.
Section
535D.11,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
payment
of
application
and
renewal
fees
for
licenses
through
the
nationwide
mortgage
licensing
system
and
registry
and
any
additional
fees
as
determined
by
the
superintendent
based
on
the
actual
cost
of
the
operation
of
the
finance
bureau
of
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
,
including
the
proportionate
share
of
administrative
expenses
in
the
operation
of
the
banking
division
attributable
to
the
finance
bureau
as
determined
by
the
superintendent,
incurred
in
the
discharge
of
duties
imposed
by
this
chapter
.
Sec.
2756.
Section
536.10,
subsection
3,
Code
2023,
is
amended
to
read
as
follows:
3.
A
licensee
subject
to
examination,
supervision,
and
regulation
by
the
superintendent
shall
pay
to
the
superintendent
an
examination
fee
based
on
the
actual
cost
of
the
operation
of
the
regulated
loan
bureau
of
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
and
the
proportionate
share
of
administrative
expenses
in
the
operation
of
the
banking
division
attributable
to
the
regulated
loan
bureau
as
determined
by
the
superintendent.
The
fee
shall
apply
equally
to
all
licenses
and
shall
not
be
changed
more
frequently
than
annually.
A
fee
change
shall
be
effective
on
January
1
of
the
year
following
the
year
in
which
the
change
is
approved.
Sec.
2757.
Section
536A.2,
subsection
9,
Code
2023,
is
amended
to
read
as
follows:
9.
“Superintendent”
means
the
superintendent
of
banking
within
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2758.
Section
536A.15,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
The
licensee
shall
be
charged
and
shall
pay
the
actual
Senate
File
514,
p.
1324
costs
of
the
examination
as
determined
by
the
superintendent
based
on
the
actual
cost
of
the
operation
of
the
finance
bureau
of
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
including
the
proportionate
share
of
administrative
expenses
in
the
operation
of
the
banking
division
attributable
to
the
finance
bureau
as
determined
by
the
superintendent
incurred
in
the
discharge
of
the
duties
imposed
upon
the
superintendent
by
this
chapter
.
Failure
to
pay
the
examination
fee
within
thirty
days
of
receipt
of
demand
from
the
superintendent
shall
subject
the
licensee
to
a
late
fee
of
five
percent
of
the
amount
of
the
examination
fee
for
each
day
the
payment
is
delinquent.
Sec.
2759.
Section
537.2501,
subsection
2,
paragraph
b,
subparagraph
(3),
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
The
premium
rates
have
been
affirmatively
approved
by
the
insurance
division
of
the
department
of
commerce
insurance
and
financial
services
.
In
approving
or
establishing
the
rates,
the
division
shall
review
the
insurance
company’s
actuarial
data
to
assure
that
the
rates
are
fair
and
reasonable.
The
insurance
commissioner
shall
either
hire
or
contract
with
a
qualified
actuary
to
review
the
data.
The
insurance
division
shall
obtain
reimbursement
from
the
insurance
company
for
the
cost
of
the
actuarial
review
prior
to
approving
the
rates.
In
addition,
the
rates
shall
be
made
in
accordance
with
the
following
provisions:
Sec.
2760.
Section
546.1,
subsections
1
and
2,
Code
2023,
are
amended
to
read
as
follows:
1.
“Department”
means
the
department
of
commerce
insurance
and
financial
services
.
2.
“Director”
means
the
director
of
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2761.
Section
546.2,
subsections
1,
2,
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
A
department
of
commerce
insurance
and
financial
services
is
created
to
coordinate
and
administer
the
various
regulatory,
service,
and
licensing
functions
of
the
state
relating
to
the
conducting
of
business
or
commerce
in
the
state.
2.
The
chief
administrative
officer
of
the
department
is
the
director.
The
director
shall
be
appointed
by
the
governor
Senate
File
514,
p.
1325
from
among
those
individuals
who
serve
as
heads
of
the
divisions
within
the
department
the
commissioner
of
insurance
appointed
pursuant
to
section
505.2
.
A
division
head
appointed
to
be
the
The
director
shall
fulfill
the
responsibilities
and
duties
of
the
director
of
the
department
in
addition
to
the
individual’s
director’s
responsibilities
and
duties
as
the
head
of
a
the
insurance
division.
The
director
shall
serve
at
the
pleasure
of
the
governor.
If
the
office
of
director
becomes
vacant,
the
vacancy
shall
be
filled
in
the
same
manner
as
the
original
appointment
was
made.
3.
The
department
is
administratively
organized
into
the
following
divisions:
a.
Banking.
b.
Credit
union.
c.
Utilities.
d.
c.
Insurance.
e.
Alcoholic
beverages.
Sec.
2762.
Section
546.12,
Code
2023,
is
amended
to
read
as
follows:
546.12
Department
of
insurance
and
financial
services
commerce
revolving
fund.
1.
A
department
of
commerce
revolving
fund
is
created
in
the
state
treasury.
The
fund
shall
consist
of
moneys
collected
by
the
banking
division;
credit
union
division;
utilities
division
board
,
including
moneys
collected
on
behalf
of
the
office
of
consumer
advocate
established
in
section
475A.3
;
and
the
insurance
division
of
the
department;
and
deposited
into
an
account
for
that
division
,
board,
or
office
within
the
fund
on
a
monthly
basis.
Except
as
otherwise
provided
by
statute,
all
costs
for
operating
the
office
of
consumer
advocate
and
the
banking
division,
the
credit
union
division,
the
utilities
division
board
,
and
the
insurance
division
of
the
department
shall
be
paid
from
the
division’s
accounts
within
the
fund,
subject
to
appropriation
by
the
general
assembly.
The
insurance
division
shall
administer
the
fund
and
all
other
divisions
shall
work
with
the
insurance
division
to
make
sure
the
fund
is
properly
accounted
and
reported
to
the
department
of
management
and
the
department
of
administrative
services.
The
divisions
shall
provide
quarterly
reports
to
the
department
Senate
File
514,
p.
1326
of
management
and
the
legislative
services
agency
on
revenues
billed
and
collected
and
expenditures
from
the
fund
in
a
format
as
determined
by
the
department
of
management
in
consultation
with
the
legislative
services
agency.
2.
To
meet
cash
flow
needs
for
the
office
of
consumer
advocate
and
the
banking
division,
credit
union
division,
utilities
division
board
,
or
the
insurance
division
of
the
department,
the
administrative
head
of
that
division
,
board,
or
office
may
temporarily
use
funds
from
the
general
fund
of
the
state
to
pay
expenses
in
excess
of
moneys
available
in
the
revolving
fund
for
that
division
,
board,
or
office
if
those
additional
expenditures
are
fully
reimbursable
and
the
division
,
board,
or
office
reimburses
the
general
fund
of
the
state
and
ensures
all
moneys
are
repaid
in
full
by
the
close
of
the
fiscal
year.
Notwithstanding
any
provision
to
the
contrary,
the
divisions
shall,
to
the
fullest
extent
possible,
make
an
estimate
of
billings
and
make
such
billings
as
early
as
possible
in
each
fiscal
year,
so
that
the
need
for
the
use
of
general
fund
moneys
is
minimized
to
the
lowest
extent
possible.
Periodic
billings
shall
be
deemed
sufficient
to
satisfy
this
requirement.
Because
any
general
fund
moneys
used
shall
be
fully
reimbursed,
such
temporary
use
of
funds
from
the
general
fund
of
the
state
shall
not
constitute
an
appropriation
for
purposes
of
calculating
the
state
general
fund
expenditure
limitation
pursuant
to
section
8.54
.
3.
Section
8.33
does
not
apply
to
any
moneys
credited
or
appropriated
to
the
commerce
revolving
fund
from
any
other
fund.
4.
The
establishment
of
the
commerce
revolving
fund
pursuant
to
this
section
shall
not
be
interpreted
in
any
manner
to
compromise
or
impact
the
accountability
of,
or
limit
authority
with
respect
to,
an
agency
or
entity
under
state
law.
Any
provision
applicable
to,
or
responsibility
of,
a
division
,
board,
or
office
collecting
moneys
for
deposit
into
the
fund
established
pursuant
to
this
section
shall
not
be
altered
or
impacted
by
the
existence
of
the
fund
and
shall
remain
applicable
to
the
same
extent
as
if
the
division
,
board,
or
office
were
receiving
moneys
pursuant
to
a
general
fund
appropriation.
The
divisions
of
the
department
of
commerce
insurance
and
financial
services
shall
comply
with
directions
Senate
File
514,
p.
1327
by
the
governor
to
executive
branch
departments
regarding
restrictions
on
out-of-state
travel,
hiring
justifications,
association
memberships,
equipment
purchases,
consulting
contracts,
and
any
other
expenditure
efficiencies
that
the
governor
deems
appropriate.
Sec.
2763.
Section
714E.6,
subsection
4,
Code
2023,
is
amended
to
read
as
follows:
4.
Notwithstanding
any
other
provision
of
this
section
,
an
action
shall
not
be
brought
on
the
basis
of
a
violation
of
this
chapter
,
except
by
an
owner
against
whom
the
violation
was
committed
or
by
the
attorney
general.
This
limitation
does
not
apply
to
administrative
action
by
either
the
attorney
general
or
the
superintendent
of
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2764.
Section
714F.8,
subsection
3,
paragraph
b,
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
(1)
Make
a
payment
to
the
foreclosed
homeowner
such
that
the
foreclosed
homeowner
has
received
consideration
in
an
amount
of
at
least
eighty-two
percent
of
the
fair
market
value
of
the
property,
as
the
property
was
when
the
foreclosed
homeowner
vacated
the
property,
within
ninety
days
of
either
the
eviction
or
voluntary
relinquishment
of
possession
of
the
property
by
the
foreclosed
homeowner.
The
foreclosure
purchaser
shall
make
a
detailed
accounting
of
the
basis
for
the
payment
amount,
or
a
detailed
accounting
of
the
reasons
for
failure
to
make
a
payment,
including
providing
written
documentation
of
expenses,
within
this
ninety-day
period.
The
accounting
shall
be
on
a
form
prescribed
by
the
attorney
general,
in
consultation
with
the
superintendent
of
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
without
being
subject
to
the
rulemaking
procedures
of
chapter
17A
.
Sec.
2765.
Section
714F.8,
subsection
3,
paragraph
b,
subparagraph
(2),
subparagraph
division
(b),
Code
2023,
is
amended
to
read
as
follows:
(b)
The
time
for
determining
the
fair
market
value
amount
shall
be
determined
in
the
foreclosure
reconveyance
contract
as
either
at
the
time
of
the
execution
of
the
foreclosure
reconveyance
contract
or
at
resale.
If
the
contract
states
that
the
fair
market
value
shall
be
determined
at
the
time
of
resale,
Senate
File
514,
p.
1328
the
fair
market
value
shall
be
the
resale
price
if
it
is
sold
within
sixty
days
of
the
eviction
or
voluntary
relinquishment
of
the
property
by
the
foreclosed
homeowner.
If
the
contract
states
that
the
fair
market
value
shall
be
determined
at
the
time
of
resale,
and
the
resale
is
not
completed
within
sixty
days
of
the
eviction
or
voluntary
relinquishment
of
the
property
by
the
foreclosed
homeowner,
the
fair
market
value
shall
be
determined
by
an
appraisal
conducted
within
one
hundred
eighty
days
of
the
eviction
or
voluntary
relinquishment
of
the
property
by
the
foreclosed
homeowner
and
payment,
if
required,
shall
be
made
to
the
foreclosed
homeowner,
but
the
fair
market
value
shall
be
recalculated
as
the
resale
price
on
resale
and
an
additional
payment
amount,
if
appropriate,
based
on
the
resale
price,
shall
be
made
to
the
foreclosed
homeowner
within
fifteen
days
of
resale,
and
a
detailed
accounting
of
the
basis
for
the
payment
amount,
or
a
detailed
accounting
of
the
reasons
for
failure
to
make
additional
payment,
shall
be
made
within
fifteen
days
of
resale,
including
providing
written
documentation
of
expenses.
The
accounting
shall
be
on
a
form
prescribed
by
the
attorney
general,
in
consultation
with
the
superintendent
of
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
,
without
being
subject
to
the
rulemaking
procedures
of
chapter
17A
.
Sec.
2766.
Section
714F.9,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Remedies.
A
violation
of
this
chapter
is
an
unlawful
practice
pursuant
to
section
714.16
,
and
all
the
remedies
of
section
714.16
are
available
for
such
an
action.
A
private
cause
of
action
brought
under
this
chapter
by
a
foreclosed
homeowner
is
in
the
public
interest.
A
foreclosed
homeowner
may
bring
an
action
for
a
violation
of
this
chapter
.
If
the
court
finds
a
violation
of
this
chapter
,
the
court
shall
award
to
the
foreclosed
homeowner
actual
damages,
appropriate
equitable
relief,
and
the
costs
of
the
action,
and
shall
award
reasonable
fees
to
the
foreclosed
homeowner’s
attorney.
Notwithstanding
any
other
provision
of
this
section
,
an
action
shall
not
be
brought
on
the
basis
of
a
violation
of
this
chapter
except
by
a
foreclosed
homeowner
against
whom
the
violation
was
committed
or
by
the
attorney
general.
This
limitation
does
not
apply
Senate
File
514,
p.
1329
to
administrative
action
by
the
superintendent
of
the
banking
division
of
the
department
of
commerce
insurance
and
financial
services
.
Sec.
2767.
REPEAL.
Section
524.202,
Code
2023,
is
repealed.
DIVISION
XVI
DEPARTMENT
OF
CORRECTIONS
——
JUDICIAL
DISTRICT
DEPARTMENTS
OF
CORRECTIONAL
SERVICES
AND
COMMUNITY-BASED
CORRECTIONAL
PROGRAMS
Sec.
2768.
Section
7E.5,
subsection
1,
paragraph
n,
Code
2023,
is
amended
to
read
as
follows:
n.
The
department
of
corrections,
created
in
section
904.102
,
which
has
primary
responsibility
for
corrections
administration,
corrections
institutions,
prison
industries,
judicial
district
departments
of
correctional
services
and
the
development,
funding,
and
monitoring
of
community-based
corrections
programs.
Sec.
2769.
Section
8D.2,
subsection
5,
paragraph
a,
Code
2023,
is
amended
to
read
as
follows:
a.
“Public
agency”
means
a
state
agency,
an
institution
under
the
control
of
the
board
of
regents,
the
judicial
branch
as
provided
in
section
8D.13,
subsection
14
,
a
school
corporation,
a
city
library,
a
county
library
as
provided
in
chapter
336
,
or
a
judicial
district
department
of
correctional
services
established
in
section
905.2
,
to
the
extent
provided
in
section
8D.13,
subsection
12
,
an
agency
of
the
federal
government,
or
a
United
States
post
office
which
receives
a
federal
grant
for
pilot
and
demonstration
projects.
Sec.
2770.
Section
80D.1,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
governing
body
of
a
city,
a
county,
the
state
of
Iowa,
or
a
judicial
district
department
of
correctional
services
the
Iowa
department
of
corrections
may
provide,
either
separately
or
collectively
through
a
chapter
28E
agreement,
for
the
establishment
of
a
force
of
reserve
peace
officers,
and
may
limit
the
size
of
the
reserve
force.
In
the
case
of
the
state,
the
department
of
public
safety
shall
act
as
the
governing
body.
Sec.
2771.
Section
80D.6,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
Reserve
peace
officers
shall
serve
as
peace
officers
on
the
orders
and
at
the
discretion
of
the
chief
of
police,
Senate
File
514,
p.
1330
sheriff,
commissioner
of
public
safety
or
the
commissioner’s
designee,
or
director
of
the
judicial
district
department
of
correctional
services
Iowa
department
of
corrections
or
the
director’s
designee,
as
the
case
may
be.
Sec.
2772.
Section
80D.7,
Code
2023,
is
amended
to
read
as
follows:
80D.7
Carrying
weapons.
A
member
of
a
reserve
force
shall
not
carry
a
weapon
in
the
line
of
duty
until
the
member
has
been
approved
by
the
governing
body
and
certified
by
the
Iowa
law
enforcement
academy
council
to
carry
weapons.
After
approval
and
certification,
a
reserve
peace
officer
may
carry
a
weapon
in
the
line
of
duty
only
when
authorized
by
the
chief
of
police,
sheriff,
commissioner
of
public
safety
or
the
commissioner’s
designee,
or
director
of
the
judicial
district
department
of
correctional
services
Iowa
department
of
corrections
or
the
director’s
designee,
as
the
case
may
be.
Sec.
2773.
Section
80D.9,
Code
2023,
is
amended
to
read
as
follows:
80D.9
Supervision
of
reserve
peace
officers.
1.
Reserve
peace
officers
shall
be
subordinate
to
regular
peace
officers,
shall
not
serve
as
peace
officers
unless
under
the
direction
of
regular
peace
officers,
and
shall
wear
a
uniform
prescribed
by
the
chief
of
police,
sheriff,
commissioner
of
public
safety,
or
director
of
the
judicial
district
department
of
correctional
services
Iowa
department
of
corrections
unless
that
superior
officer
designates
alternate
apparel
for
use
when
engaged
in
assignments
involving
special
investigation,
civil
process,
court
duties,
jail
duties,
and
the
handling
of
mental
patients.
The
reserve
peace
officer
shall
not
wear
an
insignia
of
rank.
2.
Each
department
for
which
a
reserve
force
is
established
shall
appoint
a
certified
peace
officer
as
the
reserve
force
coordinating
and
supervising
officer.
A
reserve
peace
officer
force
established
in
a
judicial
district
department
of
correctional
services
by
the
Iowa
department
of
corrections
must
be
directly
supervised
by
a
certified
peace
officer
who
is
on
duty.
That
certified
peace
officer
shall
report
directly
to
the
chief
of
police,
sheriff,
commissioner
of
public
safety
Senate
File
514,
p.
1331
or
the
commissioner’s
designee,
or
director
of
the
judicial
district
department
of
correctional
services
Iowa
department
of
corrections
or
the
director’s
designee,
as
the
case
may
be.
Sec.
2774.
Section
80D.11,
Code
2023,
is
amended
to
read
as
follows:
80D.11
Employee
——
pay.
While
performing
official
duties,
each
reserve
peace
officer
shall
be
considered
an
employee
of
the
governing
body
which
the
officer
represents
and
shall
be
paid
a
minimum
of
one
dollar
per
year.
The
governing
body
of
a
city,
a
county,
the
state,
or
a
judicial
district
department
of
correctional
services
the
Iowa
department
of
corrections
may
provide
additional
monetary
assistance
for
the
purchase
and
maintenance
of
uniforms
and
equipment
used
by
reserve
peace
officers.
Sec.
2775.
Section
97B.49B,
subsection
1,
paragraph
e,
subparagraph
(14),
Code
2023,
is
amended
to
read
as
follows:
(14)
An
employee
of
a
judicial
district
the
Iowa
department
of
correctional
services
corrections
whose
condition
of
employment
requires
the
employee
to
be
certified
by
the
Iowa
law
enforcement
academy
and
who
is
required
to
perform
the
duties
of
a
parole
officer
as
provided
in
section
906.2
.
Sec.
2776.
Section
97B.49B,
subsection
3,
paragraph
f,
Code
2023,
is
amended
by
striking
the
paragraph.
Sec.
2777.
Section
331.211,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
board,
at
its
first
meeting
in
each
year,
shall
:
a.
Organize
by
choosing
choose
one
of
its
members
as
chairperson
who
shall
preside
at
all
of
its
meetings
during
the
year.
The
board
may
also
select
a
vice
chairperson
who
shall
serve
during
the
absence
of
the
chairperson.
b.
Choose
one
of
its
members
to
be
a
member
of
the
board
of
directors
of
the
judicial
district
department
of
correctional
services
as
provided
in
section
905.3,
subsection
1
,
paragraph
“a”
,
subparagraph
(1).
Sec.
2778.
Section
331.321,
subsection
1,
paragraph
x,
Code
2023,
is
amended
by
striking
the
paragraph.
Sec.
2779.
Section
904.108,
subsection
1,
paragraph
l,
Code
2023,
is
amended
to
read
as
follows:
l.
Adopt
rules,
policies,
and
procedures,
subject
to
Senate
File
514,
p.
1332
the
approval
of
the
board,
pertaining
to
community-based
correctional
programs,
and
the
supervision
of
parole
and
work
release.
Sec.
2780.
NEW
SECTION
.
904.301A
Appointment
of
directors.
The
director
shall
appoint,
subject
to
the
approval
of
the
board,
a
director
for
each
judicial
district
department
of
correctional
services
established
in
section
905.2.
Sec.
2781.
Section
905.1,
Code
2023,
is
amended
to
read
as
follows:
905.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Administrative
agent”
means
the
county
selected
by
the
district
board
to
perform
accounting,
budgeting,
personnel,
facilities
management,
insurance,
payroll
and
other
supportive
services
on
the
behalf
of
the
district
board,
or
the
district
department
itself,
if
so
designated
by
the
district
board.
2.
1.
“Community-based
correctional
program”
means
correctional
programs
and
services,
under
the
direction
of
a
director
and
the
Iowa
department
of
corrections,
including
but
not
limited
to
an
intermediate
criminal
sanctions
program
in
accordance
with
the
corrections
continuum
in
section
901B.1
,
designed
to
supervise
and
assist
individuals
who
are
charged
with
or
have
been
convicted
of
a
felony,
an
aggravated
misdemeanor
or
a
serious
misdemeanor,
or
who
are
on
probation
or
parole
in
lieu
of
or
as
a
result
of
a
sentence
of
incarceration
imposed
upon
conviction
of
any
of
these
offenses,
or
who
are
contracted
to
the
district
department
for
supervision
and
housing
while
on
work
release.
A
community-based
correctional
program
shall
be
designed
by
a
district
department
,
under
the
direction
and
control
of
the
Iowa
department
of
corrections,
in
a
manner
that
provides
services
in
a
manner
free
of
disparities
based
upon
an
individual’s
race
or
ethnic
origin.
3.
2.
“Director”
means
the
director
of
a
judicial
district
department
of
correctional
services
,
appointed
by
the
director
of
the
Iowa
department
of
corrections,
and
employed
by
the
Iowa
department
of
corrections
.
4.
3.
“District
advisory
board”
means
the
advisory
board
of
directors
of
a
judicial
district
department
of
correctional
Senate
File
514,
p.
1333
services.
5.
4.
“District
department”
means
a
judicial
district
department
of
correctional
services,
under
the
direction
and
control
of
the
Iowa
department
of
corrections,
established
as
required
by
section
905.2
.
6.
“Project”
means
a
locally
functioning
part
of
a
community-based
correctional
program,
officed
and
operating
in
a
physical
location
separate
from
the
offices
of
the
district
department.
7.
“Project
advisory
committee”
means
a
committee
of
no
more
than
seven
persons
which
shall
act
in
an
advisory
capacity
to
the
director
on
matters
pertaining
to
the
planning,
operation,
and
other
pertinent
functions
of
each
project
in
the
judicial
district.
The
members
of
the
project
advisory
committee
for
each
project
shall
be
initially
appointed
by
the
director
from
among
the
general
public.
Not
more
than
one
half
of
the
project
advisory
committee
shall
hold
public
office
or
public
employment
during
membership
on
the
committee.
A
person
who
holds
public
office
as
a
county
supervisor
and
serves
on
the
board
of
directors
under
section
905.3
shall
not
be
a
member
of
a
project
advisory
committee
under
this
section
.
The
terms
of
the
initial
members
of
the
project
advisory
committee
shall
be
staggered
to
permit
the
terms
of
just
over
half
of
the
members
to
expire
in
two
years
and
those
of
the
remaining
members
to
expire
in
one
year.
Subsequent
appointments
to
the
project
advisory
committee
shall
be
by
vote
of
a
majority
of
the
whole
project
advisory
committee
for
two-year
terms.
Sec.
2782.
Section
905.2,
Code
2023,
is
amended
to
read
as
follows:
905.2
District
departments
established.
1.
There
is
established
in
each
judicial
district
in
this
state
a
public
agency
to
be
known
as
the
“
........
judicial
district
department
of
correctional
services.
”
Each
district
department
shall
furnish
or
contract
for
those
services
necessary
to
provide
a
community-based
correctional
program
which
meets
the
needs
of
that
judicial
district
requirements
of
the
Iowa
department
of
corrections
.
2.
The
district
department
is
under
the
direction
of
a
board
of
directors
the
Iowa
department
of
corrections
,
selected
Senate
File
514,
p.
1334
as
provided
in
section
905.3
,
and
shall
be
administered
by
a
director
employed
by
the
board
Iowa
department
of
corrections
.
A
district
department
is
a
state
agency
for
purposes
of
chapter
669
.
3.
All
employees
of
a
district
department
shall
be
employees
of
the
Iowa
department
of
corrections.
Sec.
2783.
Section
905.3,
Code
2023,
is
amended
to
read
as
follows:
905.3
Board
of
directors
——
executive
committee
District
advisory
board
——
expenses
reimbursed.
1.
a.
The
board
of
directors
of
A
district
advisory
board
is
established
for
each
district
department
,
which
shall
serve
in
an
advisory
capacity
to
a
director
without
compensation,
and
shall
be
composed
as
follows:
(1)
One
member
shall
be
chosen
appointed
annually
by
a
director
from
and
by
the
board
of
supervisors
of
each
county
in
the
judicial
district
and
shall
be
so
designated
annually
by
the
respective
boards
of
supervisors
at
the
organizational
meetings
held
under
section
331.211
.
(2)
One
member
shall
be
chosen
from
each
of
the
project
advisory
committees
within
the
judicial
district,
which
person
shall
be
designated
annually,
no
later
than
January
15,
by
and
from
the
project
advisory
committee.
However,
in
lieu
of
the
designation
of
project
advisory
committee
members
as
members
of
the
district
board,
the
district
board
may
The
director
shall
on
or
before
December
31
appoint
two
citizen
members
to
serve
on
the
district
advisory
board
for
the
following
calendar
year.
(3)
A
number
of
members
equal
to
the
number
of
authorized
board
members
from
project
advisory
committees
or
equal
to
the
number
of
citizen
members
shall
be
appointed
by
the
chief
judge
of
the
judicial
district
no
later
than
January
15
of
each
year
on
or
before
December
31
to
serve
on
the
district
advisory
board
for
the
following
calendar
year
.
b.
Within
thirty
days
after
the
members
of
the
district
board
have
been
so
designated
for
the
year,
the
district
board
shall
organize
by
election
of
a
chairperson,
a
vice
chairperson,
and
members
of
the
executive
committee
as
required
by
subsection
2
.
The
district
advisory
board
shall
meet
at
least
not
more
often
than
quarterly
during
the
calendar
year
but
may
meet
more
Senate
File
514,
p.
1335
frequently
upon
the
call
of
the
chairperson
or
upon
a
call
signed
by
a
majority,
determined
by
weighted
vote
computed
as
in
subsection
4
,
of
the
members
of
the
board
.
2.
Each
district
board
shall
have
an
executive
committee
consisting
of
the
chairperson
and
vice
chairperson
and
at
least
one
but
no
more
than
five
other
members
of
the
district
board.
Either
the
chairperson
or
the
vice
chairperson
shall
be
a
supervisor,
and
the
remaining
representation
on
the
executive
committee
shall
be
divided
as
equally
as
possible
among
supervisor
members,
project
advisory
committee
members
or
citizen
members,
and
judicially
appointed
members.
The
executive
committee
may
exercise
all
of
the
powers
and
discharge
all
of
the
duties
of
the
district
board,
as
prescribed
by
this
chapter
,
except
those
specifically
withheld
from
the
executive
committee
by
action
of
the
district
board.
3.
2.
The
members
of
the
district
advisory
board
and
of
the
executive
committee
shall
be
reimbursed
from
funds
of
the
district
department
for
travel
and
other
expenses
necessarily
incurred
in
attending
meetings
of
those
bodies,
or
while
otherwise
engaged
on
business
of
the
district
department
.
4.
Each
member
of
the
district
board
shall
have
one
vote
on
the
board.
However,
upon
the
request
of
any
supervisory
member,
the
vote
on
any
matter
before
the
board
shall
be
taken
by
weighted
vote.
In
each
such
case,
the
vote
of
the
supervisor
representative
of
the
least
populous
county
in
the
judicial
district
shall
have
a
weight
of
one
unit,
and
the
vote
of
each
of
the
other
supervisor
members
shall
have
a
weight
which
bears
the
same
proportion
to
one
unit
as
the
population
of
the
county
that
supervisor
member
represents
bears
to
the
population
of
the
least
populous
county
in
the
district.
In
the
event
of
weighted
vote,
the
vote
of
each
member
appointed
from
a
project
advisory
committee
or
of
each
citizen
member
and
of
each
judicially
appointed
member
shall
have
a
weight
of
one
unit.
Sec.
2784.
Section
905.4,
Code
2023,
is
amended
to
read
as
follows:
905.4
Duties
of
the
district
advisory
board.
The
district
advisory
board
shall:
1.
Adopt
bylaws
and
rules
for
the
conduct
of
its
own
business
and
for
the
government
of
the
district
department’s
Senate
File
514,
p.
1336
community-based
correctional
program
.
2.
Employ
a
director
having
the
qualifications
required
by
section
905.6
to
head
the
district
department’s
community-based
correctional
program
and,
within
a
range
established
by
the
Iowa
department
of
corrections,
fix
the
compensation
of
and
have
control
over
the
director
and
the
district
department’s
staff.
For
purposes
of
collective
bargaining
under
chapter
20
,
employees
of
the
district
board
who
are
not
exempt
from
chapter
20
are
employees
of
the
state,
and
the
employees
of
all
of
the
district
boards
shall
be
included
within
one
collective
bargaining
unit.
3.
Designate
one
of
the
counties
in
the
judicial
district
to
serve
as
the
district
department’s
administrative
agent
to
provide,
in
that
capacity,
all
accounting,
personnel,
facilities
management
and
supportive
services
needed
by
the
district
department,
on
terms
mutually
agreeable
in
regard
to
advancement
of
funds
to
the
county
for
the
added
expense
it
incurs
as
a
result
of
being
so
designated.
However,
the
district
board
may
designate
the
district
department
itself
as
the
district
department’s
administrative
agent,
if
the
district
board
determines
that
it
would
be
more
efficient
and
less
costly
than
designating
a
county
as
the
administrative
agent.
4.
File
with
the
board
of
supervisors
of
each
county
in
the
district
and
with
the
Iowa
department
of
corrections,
within
ninety
days
after
the
close
of
each
fiscal
year,
a
report
covering
the
district
board’s
proceedings
and
a
statement
of
receipts
and
expenditures
during
the
preceding
fiscal
year.
5.
2.
Arrange
for,
by
contract
or
on
such
alternative
basis
as
may
be
mutually
acceptable,
and
equip
Advise
the
director
concerning
suitable
quarters
at
one
or
more
sites
in
the
district
as
may
be
necessary
for
the
district
department’s
community-based
correctional
program
,
provided
that
the
board
shall
to
the
greatest
extent
feasible
utilize
existing
facilities
and
shall
keep
capital
expenditures
for
acquisition,
renovation
and
repair
of
facilities
to
a
minimum.
The
district
board
shall
not
enter
into
lease-purchase
agreements
for
the
purposes
of
constructing,
renovating,
expanding,
or
otherwise
improving
a
community-based
correctional
facility
or
office
unless
express
authorization
has
been
granted
by
the
Senate
File
514,
p.
1337
general
assembly,
and
current
funding
is
adequate
to
meet
the
lease-purchase
obligation
.
6.
Have
authority
to
accept
property
by
gift,
devise,
bequest
or
otherwise
and
to
sell
or
exchange
any
property
so
accepted
and
apply
the
proceeds
thereof,
or
the
property
received
in
exchange
therefor,
to
the
purposes
enumerated
in
subsection
5
.
7.
3.
Recruit
,
and
promote
,
accept
and
use
local
financial
support
for
the
district
department’s
community-based
correctional
program
from
private
sources
such
as
community
service
funds,
business,
industrial
and
private
foundations,
voluntary
agencies
and
other
lawful
sources.
8.
Accept
and
expend
state
and
federal
funds
available
directly
to
the
district
department
for
all
or
any
part
of
the
cost
of
its
community-based
correctional
program.
9.
Arrange,
by
contract
or
on
an
alternative
basis
mutually
acceptable,
and
with
approval
of
the
director
of
the
Iowa
department
of
corrections
or
that
director’s
designee
for
utilization
of
existing
local
treatment
and
service
resources,
including
but
not
limited
to
employment,
job
training,
general,
special,
or
remedial
education;
psychiatric
and
marriage
counseling;
and
alcohol
and
drug
abuse
treatment
and
counseling.
It
is
the
intent
of
this
chapter
that
a
district
board
shall
approve
the
development
and
maintenance
of
such
resources
by
its
own
staff
only
if
the
resources
are
otherwise
unavailable
to
the
district
department
within
reasonable
proximity
to
the
community
where
these
services
are
needed
in
connection
with
the
community-based
correctional
program.
10.
Establish
a
project
advisory
committee
to
act
in
an
advisory
capacity
on
matters
pertaining
to
the
planning,
operation,
and
other
pertinent
functions
of
each
project
in
the
judicial
district.
11.
Have
authority
to
establish
a
force
of
reserve
peace
officers,
either
separately
or
collectively
through
a
chapter
28E
agreement,
as
provided
in
chapter
80D
.
Sec.
2785.
Section
905.6,
Code
2023,
is
amended
to
read
as
follows:
905.6
Duties
of
director.
The
director
employed
by
the
district
board
under
section
Senate
File
514,
p.
1338
905.4,
subsection
2
,
Iowa
department
of
corrections
shall
be
qualified
in
the
administration
of
correctional
programs.
The
director
shall:
1.
Perform
the
duties
and
have
the
responsibilities
delegated
by
the
district
board
or
specified
by
the
Iowa
department
of
corrections
pursuant
to
this
chapter
.
2.
Manage
the
district
department’s
community-based
correctional
program,
in
accordance
with
the
policies
of
the
district
board
and
the
Iowa
department
of
corrections.
3.
Employ,
with
approval
of
the
district
board
Iowa
department
of
corrections
,
and
supervise
the
employees
of
the
district
department,
including
reserve
peace
officers,
if
a
force
of
reserve
peace
officers
has
been
established.
4.
Prepare
all
budgets
and
fiscal
documents,
and
certify
for
payment
all
expenses
and
payrolls
lawfully
incurred
by
the
district
department.
The
director
may
invest
funds
which
are
not
needed
for
current
expenses,
jointly
with
one
or
more
cities,
city
utilities,
counties,
or
rural
water
districts
created
under
chapter
357A
pursuant
to
a
joint
investment
agreement.
All
investment
of
funds
shall
be
subject
to
sections
12B.10
and
12B.10A
and
other
applicable
law.
5.
Act
as
secretary
to
the
district
advisory
board,
prepare
its
agenda
and
record
its
proceedings.
The
district
shall
provide
a
copy
of
minutes
from
each
meeting
of
the
district
advisory
board
to
the
legislative
services
agency.
6.
Develop
and
submit
to
the
district
board
Iowa
department
of
corrections
a
plan
for
the
establishment,
implementation,
and
operation
of
a
community-based
correctional
program
in
that
judicial
district,
which
program
conforms
to
the
guidelines
drawn
up
by
the
Iowa
department
of
corrections
under
this
chapter
and
which
conform
to
rules,
policies,
and
procedures
pertaining
to
the
supervision
of
parole
and
work
release
adopted
by
the
director
of
the
Iowa
department
of
corrections
concerning
the
community-based
correctional
program.
7.
Negotiate
and,
upon
approval
by
the
district
board
Iowa
department
of
corrections
,
implement
contracts
or
other
arrangements
for
utilization
of
local
treatment
and
service
resources
authorized
by
section
905.4,
subsection
9
15
.
8.
Administer
the
batterers’
treatment
program
for
domestic
Senate
File
514,
p.
1339
abuse
offenders
required
in
section
708.2B
.
9.
Notify
the
board
of
parole,
thirty
days
prior
to
release,
of
the
release
from
a
residential
facility
operated
by
the
district
department
of
a
person
serving
a
sentence
under
section
902.12
.
10.
File
with
the
director
of
the
Iowa
department
of
corrections,
within
ninety
days
after
the
close
of
each
fiscal
year,
a
report
covering
the
district
advisory
board’s
proceedings
and
a
statement
of
receipts
and
expenditures
during
the
preceding
fiscal
year.
11.
Arrange
for,
upon
approval
of
the
Iowa
department
of
corrections,
by
contract
or
on
such
alternative
basis
as
may
be
mutually
acceptable,
and
equip
suitable
quarters
at
one
or
more
sites
in
the
district
as
may
be
necessary
for
the
district
department’s
community-based
correctional
program,
provided
that
the
director
shall
to
the
greatest
extent
feasible
utilize
existing
facilities
and
shall
keep
capital
expenditures
for
acquisition,
renovation,
and
repair
of
facilities
to
a
minimum.
The
director
shall
not
enter
into
lease-purchase
agreements
for
the
purposes
of
constructing,
renovating,
expanding,
or
otherwise
improving
a
community-based
correctional
facility
or
office
unless
express
authorization
has
been
granted
by
the
general
assembly,
and
current
funding
is
adequate
to
meet
the
lease-purchase
obligation.
12.
Have
authority
to
accept
property
by
gift,
devise,
bequest,
or
otherwise,
and
to
sell
or
exchange
any
property
so
accepted
and
apply
the
proceeds
thereof,
or
the
property
received
in
exchange
therefor,
to
the
purposes
enumerated
in
subsection
11.
13.
Recruit,
promote,
accept,
and
use
local
financial
support
for
the
district
department’s
community-based
correctional
program
from
private
sources
such
as
community
service
funds,
business,
industrial
and
private
foundations,
voluntary
agencies,
and
other
lawful
sources.
14.
Accept
and
expend
state
and
federal
funds
available
directly
to
the
district
department
for
all
or
any
part
of
the
cost
of
its
community-based
correctional
program.
15.
Arrange,
by
contract
or
on
an
alternative
basis
mutually
acceptable,
and
with
approval
of
the
director
of
the
Iowa
Senate
File
514,
p.
1340
department
of
corrections
or
that
director’s
designee
for
utilization
of
existing
local
treatment
and
service
resources,
including
but
not
limited
to
employment,
job
training,
general,
special,
or
remedial
education;
psychiatric
and
marriage
counseling;
and
substance
use
disorder
treatment
and
counseling.
16.
Have
authority
to
establish
a
force
of
reserve
peace
officers,
either
separately
or
collectively
through
a
chapter
28E
agreement,
as
provided
in
chapter
80D.
Sec.
2786.
Section
905.9,
Code
2023,
is
amended
to
read
as
follows:
905.9
Report
of
review
——
sanction.
Upon
completion
of
a
review
of
a
district
community-based
correctional
program,
made
under
section
905.8
,
the
Iowa
department
of
corrections
shall
submit
its
findings
to
the
district
advisory
board
in
writing.
If
the
Iowa
department
of
corrections
concludes
that
the
district
department’s
community-based
correctional
program
fails
to
meet
any
of
the
requirements
of
this
chapter
and
of
the
guidelines
adopted
under
section
905.7
,
it
shall
also
request
in
writing
a
response
to
this
finding
from
the
district
advisory
board.
If
a
response
is
not
received
within
sixty
days
after
the
date
of
that
request,
or
if
the
response
is
unsatisfactory,
the
Iowa
department
of
corrections
may
call
a
public
hearing
on
the
matter.
If
after
the
hearing,
the
Iowa
department
of
corrections
is
not
satisfied
that
the
district’s
community-based
correctional
program
will
expeditiously
be
brought
into
compliance
with
the
requirements
of
this
chapter
and
of
the
guidelines
adopted
under
section
905.7
,
it
may
assume
responsibility
for
administration
of
the
district’s
community-based
correctional
program
on
an
interim
basis.
Sec.
2787.
REPEAL.
Section
905.5,
Code
2023,
is
repealed.
Sec.
2788.
TRANSITION
PROVISIONS.
1.
Any
rule
promulgated
by
a
district
board
of
a
judicial
district
department
of
correctional
services
as
required
to
administer
and
enforce
the
provisions
of
chapter
905
shall
continue
in
full
force
and
effect
until
amended,
repealed,
or
supplemented
by
affirmative
action
of
the
Iowa
department
of
corrections.
Senate
File
514,
p.
1341
2.
Any
contract
entered
into
by
a
district
board
of
a
judicial
district
department
of
correctional
services
relating
to
the
provisions
of
chapter
905
in
effect
on
the
effective
date
of
this
Act
shall
continue
in
full
force
and
effect
pending
transfer
of
such
contract
to
the
Iowa
department
of
corrections.
3.
Any
moneys
remaining
in
any
account
or
fund
under
the
control
of
a
district
board
of
a
judicial
district
department
of
correctional
services
on
the
effective
date
of
this
division
of
this
Act
and
relating
to
the
provisions
of
this
division
of
this
Act
shall
be
transferred
to
a
comparable
fund
or
account
under
the
control
of
the
Iowa
department
of
corrections.
Notwithstanding
section
8.33,
the
moneys
transferred
in
accordance
with
this
subsection
shall
not
revert
to
the
account
or
fund
from
which
appropriated
or
transferred.
Sec.
2789.
TRANSITION
——
APPOINTMENT
AND
TERM
OF
DISTRICT
BOARD
MEMBERS.
This
division
of
this
Act
shall
not
affect
the
appointment
or
term
of
a
member
serving
on
a
district
board
of
a
judicial
district
department
of
correctional
services
immediately
prior
to
the
effective
date
of
this
division
of
this
Act.
Sec.
2790.
APPLICABILITY
——
VIOLATION
OF
CONDITIONS
OF
PAROLE
OR
PROBATION.
1.
This
division
of
this
Act
shall
not
be
construed
to
affect
a
district
department,
probation
officer,
or
parole
officer’s
authority,
having
probable
cause,
to
arrest
a
person
on
probation
or
parole
that
is
believed
to
have
violated
the
conditions
of
supervision,
consistent
with
sections
907.2,
907.6,
908.1,
and
908.11,
and
any
administrative
rules
promulgated
thereunder.
2.
This
division
of
this
Act
shall
not
be
construed
to
affect
a
district
department’s
ability
to
establish
probation
conditions
that
meet
the
approval
of
the
chief
judge
of
the
district,
consistent
with
section
907.6
and
any
administrative
rules
promulgated
thereunder.
3.
This
division
of
this
Act
shall
not
be
construed
to
affect
the
authority
of
the
board
of
parole
to
establish
and
approve
standard
parole
conditions.
DIVISION
XVII
BOARD
OF
PAROLE
Senate
File
514,
p.
1342
Sec.
2791.
Section
904A.1,
Code
2023,
is
amended
to
read
as
follows:
904A.1
Board
of
parole
——
organization
.
1.
The
board
of
parole
is
created
to
consist
of
five
members.
Each
member
,
except
the
chairperson
and
the
vice
chairperson,
shall
be
compensated
on
a
day-to-day
basis
shall
be
appointed
by
the
governor
subject
to
confirmation
by
the
senate
.
Each
member
shall
serve
a
term
of
four
years
beginning
and
ending
as
provided
by
section
69.19
,
except
for
members
appointed
to
fill
vacancies
who
shall
serve
for
the
balance
of
the
unexpired
term.
The
terms
shall
be
staggered.
The
chairperson
and
vice
chairperson
All
members
of
the
board
shall
be
full-time,
salaried
members
of
the
board
.
A
majority
of
the
members
of
the
board
constitutes
a
quorum
to
transact
business.
2.
The
governor
shall
appoint
a
member
of
the
board
as
the
chairperson
of
the
board,
subject
to
confirmation
by
the
senate.
The
appointment
as
chairperson
shall
serve
at
the
pleasure
of
the
governor.
Sec.
2792.
Section
904A.6,
Code
2023,
is
amended
to
read
as
follows:
904A.6
Salaries
and
expenses.
Each
member
,
except
the
chairperson
and
the
vice
chairperson,
of
the
board
shall
be
paid
per
diem
as
determined
by
the
general
assembly.
The
chairperson
and
vice
chairperson
of
the
board
shall
be
paid
a
salary
as
determined
by
the
general
assembly.
Each
member
of
the
board
and
all
employees
are
entitled
to
receive,
in
addition
to
their
per
diem
or
salary,
their
necessary
maintenance
and
travel
expenses
while
engaged
in
official
business.
Sec.
2793.
REPEAL.
Sections
904A.2A
and
904A.3,
Code
2023,
are
repealed.
Sec.
2794.
TRANSITION
——
APPOINTMENT
AND
TERM
OF
BOARD
OF
PAROLE
MEMBERS.
This
division
of
this
Act
shall
not
affect
the
appointment
or
term
of
a
member
serving
on
the
board
of
parole
immediately
prior
to
the
effective
date
of
this
division
of
this
Act.
DIVISION
XVIII
SALARIES
OF
APPOINTED
STATE
OFFICERS
Sec.
2795.
APPOINTED
STATE
OFFICERS
——
SALARY
RANGES.
Senate
File
514,
p.
1343
1.
Unless
otherwise
provided
by
law,
the
governor
shall
establish
a
salary
for
nonelected
persons
appointed
by
the
governor
within
the
executive
branch
of
state
government.
In
establishing
a
salary
for
a
person
holding
a
position
enumerated
in
subsection
3
within
the
range
provided,
the
governor
may
consider,
among
other
items,
the
experience
of
the
person
in
the
position,
changes
in
the
duties
of
the
position,
the
incumbent’s
performance
of
assigned
duties,
and
subordinates’
salaries.
However,
the
attorney
general
shall
establish
the
salary
of
the
consumer
advocate,
the
chief
justice
of
the
supreme
court
shall
establish
the
salary
of
the
state
court
administrator,
the
ethics
and
campaign
disclosure
board
shall
establish
the
salary
of
the
executive
director,
the
Iowa
public
information
board
shall
establish
the
salary
of
the
executive
director,
the
board
of
regents
shall
establish
the
salary
of
the
executive
director,
and
the
Iowa
public
broadcasting
board
shall
establish
the
salary
of
the
administrator
of
the
public
broadcasting
division
of
the
department
of
education,
each
within
the
salary
range
provided
in
subsection
3.
2.
A
person
whose
salary
is
established
pursuant
to
this
section
and
who
is
a
full-time,
year-round
employee
of
the
state
shall
not
receive
any
other
remuneration
from
the
state
or
from
any
other
source
for
the
performance
of
that
person’s
duties
unless
the
additional
remuneration
is
first
approved
by
the
governor
or
authorized
by
law.
However,
this
subsection
does
not
apply
to
reimbursement
for
necessary
travel
and
expenses
incurred
in
the
performance
of
duties
or
fringe
benefits
normally
provided
to
employees
of
the
state.
3.
a.
The
following
annual
salary
ranges
for
appointed
state
officers
are
effective
for
the
positions
specified
in
this
subsection
for
the
fiscal
year
beginning
July
1,
2023,
effective
for
the
pay
period
beginning
June
23,
2023,
and
for
subsequent
fiscal
years
until
otherwise
provided
by
the
general
assembly.
The
governor
or
other
person
designated
in
subsection
1
shall
determine
the
salary
to
be
paid
to
the
person
indicated
at
a
rate
within
the
applicable
salary
range
from
moneys
appropriated
by
the
general
assembly
for
that
purpose.
SALARY
RANGE
Minimum
Maximum
(1)
Range
4
.
.
.
.
.
.
$
63,690
$
97,460
Senate
File
514,
p.
1344
(2)
Range
5
.
.
.
.
.
.
$
73,250
$112,070
(3)
Range
6
.
.
.
.
.
.
$
84,240
$128,890
(4)
Range
7
.
.
.
.
.
.
$100,840
$154,300
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
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,
director
of
the
law
enforcement
academy,
and
executive
director
of
the
public
employment
relations
board.
d.
The
following
are
range
6
positions:
superintendent
of
banking,
superintendent
of
credit
unions,
consumer
advocate,
and
chairperson
and
members
of
the
utilities
board.
e.
The
following
are
range
7
positions:
administrator
of
the
public
broadcasting
division
of
the
department
of
education,
executive
director
of
the
Iowa
telecommunications
and
technology
commission,
executive
director
of
the
state
board
of
regents,
lottery
administrator
of
the
department
of
revenue,
and
state
court
administrator.
Sec.
2796.
Section
8A.102,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
person
appointed
as
director
shall
be
professionally
qualified
by
education
and
have
no
less
than
five
years’
experience
in
the
field
of
management,
public
or
private
sector
personnel
administration
including
the
application
of
merit
principles
in
employment,
financial
management,
and
policy
development
and
implementation.
The
appointment
shall
be
made
without
regard
for
political
affiliation.
The
director
shall
not
be
a
member
of
any
local,
state,
or
national
committee
of
a
political
party,
an
officer
or
member
of
a
committee
in
any
partisan
political
club
or
organization,
or
hold
or
be
a
candidate
for
a
paid
elective
public
office.
The
director
is
subject
to
the
restrictions
on
political
activity
provided
in
section
8A.416
.
The
governor
shall
set
the
salary
of
the
Senate
File
514,
p.
1345
director
within
pay
grade
nine
.
Sec.
2797.
Section
80.2,
Code
2023,
is
amended
to
read
as
follows:
80.2
Commissioner
——
appointment.
The
chief
executive
officer
of
the
department
of
public
safety
is
the
commissioner
of
public
safety.
The
governor
shall
appoint,
subject
to
confirmation
by
the
senate,
a
commissioner
of
public
safety,
who
shall
be
a
person
of
high
moral
character,
of
good
standing
in
the
community
in
which
the
commissioner
lives,
of
recognized
executive
and
administrative
capacity,
and
who
shall
not
be
selected
on
the
basis
of
political
affiliation.
The
commissioner
of
public
safety
shall
devote
full
time
to
the
duties
of
this
office;
the
commissioner
shall
not
engage
in
any
other
trade,
business,
or
profession,
nor
engage
in
any
partisan
or
political
activity.
The
commissioner
shall
serve
at
the
pleasure
of
the
governor
,
at
an
annual
salary
as
fixed
by
the
general
assembly
.
Sec.
2798.
Section
84A.1,
subsection
2,
paragraph
b,
Code
2023,
is
amended
to
read
as
follows:
b.
The
governor
shall
set
the
salary
of
the
director
within
the
applicable
salary
range
established
by
the
general
assembly
.
Sec.
2799.
Section
256.10,
subsection
1,
Code
2023,
is
amended
to
read
as
follows:
1.
The
salary
of
the
director
shall
be
fixed
by
the
governor
within
a
range
established
by
the
general
assembly
.
Sec.
2800.
Section
307.11,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
The
director
shall
receive
a
salary
as
fixed
by
the
governor
within
a
salary
range
set
by
the
general
assembly
.
Sec.
2801.
Section
455A.3,
Code
2023,
is
amended
to
read
as
follows:
455A.3
Director
——
qualifications.
The
chief
administrative
officer
of
the
department
is
the
director
who
shall
be
appointed
by
the
governor,
subject
to
confirmation
of
the
senate,
and
serve
at
the
governor’s
pleasure.
The
governor
shall
make
the
appointment
based
on
the
appointee’s
training,
experience,
and
capabilities.
The
director
shall
be
knowledgeable
in
the
general
field
of
natural
Senate
File
514,
p.
1346
resource
management
and
environmental
protection.
The
salary
of
the
director
shall
be
fixed
by
the
governor
within
salary
guidelines
or
a
range
established
by
the
general
assembly
.
Sec.
2802.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
effect
June
23,
2023.
DIVISION
XIX
BOARDS
AND
COMMISSIONS
Sec.
2803.
BOARDS
AND
COMMISSIONS
REVIEW
COMMITTEE
——
REPORT.
1.
A
boards
and
commissions
review
committee
shall
be
established
to
study
the
efficiency
and
effectiveness
of
each
board,
council,
commission,
committee,
or
other
similar
entity
of
the
state
established
by
the
Code.
The
committee
shall
evaluate
the
extent
to
which
the
goals
and
objectives
of
those
entities
are
currently
being
met
and
make
recommendations
for
the
continuation,
elimination,
consolidation,
or
reorganization
of
those
entities
as
needed.
2.
The
committee
shall
consist
of
six
voting
members
and
four
ex
officio,
nonvoting
members.
a.
The
voting
members
of
the
committee
shall
be
composed
of
all
of
the
following:
(1)
One
staff
member
of
the
governor’s
office,
appointed
by
the
governor.
(2)
The
administrative
rules
coordinator
or
the
coordinator’s
designee.
(3)
The
director
of
the
department
of
management
or
the
director’s
designee.
(4)
The
director
of
the
department
of
inspections,
appeals,
and
licensing
or
the
director’s
designee.
(5)
One
assistant
attorney
general,
appointed
by
the
governor
upon
recommendation
of
the
attorney
general.
(6)
One
member
of
the
public,
appointed
by
the
governor.
b.
The
ex
officio,
nonvoting
members
of
the
committee
shall
be
two
state
representatives,
one
appointed
by
the
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.
The
office
of
the
governor
shall
provide
staffing
for
the
Senate
File
514,
p.
1347
committee.
The
committee
may
seek
the
expertise
and
services
of
individuals
or
entities
outside
of
its
membership
for
research,
advice,
consultation,
support,
or
other
needs
in
furtherance
of
its
responsibilities.
4.
The
committee
shall
submit
a
report
containing
its
findings
and
recommendations
to
the
governor
and
the
general
assembly
on
or
before
September
30,
2023.
5.
All
departments,
agencies,
boards,
councils,
commissions,
committees,
or
other
similar
entity
of
the
state
established
by
the
Code
shall
cooperate
fully
with
the
committee
in
its
review
process.
6.
This
section
is
repealed
January
1,
2024.
DIVISION
XX
MISCELLANEOUS
PROVISIONS
Sec.
2804.
IRRECONCILABLE
AMENDMENTS.
If
an
amendment
to
a
statute
in
this
Act
is
irreconcilable
with
an
amendment
made
to
the
same
statute
that
is
contained
in
division
I
of
this
Act
that
implements
the
transition
of
the
department
of
human
services
and
the
department
of
public
health
into
the
department
of
health
and
human
services
as
required
in
2022
Iowa
Acts,
chapter
1131,
section
51,
the
amendment
to
the
statute
that
is
not
contained
in
division
I
of
this
Act
shall
prevail
over
and
shall
be
codified
instead
of
the
amendment
to
the
same
statute
that
is
contained
in
division
I
of
this
Act
that
implements
the
transition
of
the
department
of
human
services
and
the
department
of
public
health
into
the
department
of
health
and
human
services.
Sec.
2805.
TRANSITION
PROVISIONS.
1.
Administrative
rules.
a.
Any
rule,
regulation,
form,
order,
or
directive
promulgated
by
any
state
agency
mentioned
in
this
Act,
including
any
agency
abolished,
merged,
or
altered
in
this
Act,
and
in
effect
on
July
1,
2023,
shall
continue
in
full
force
and
effect
until
amended,
repealed,
or
supplemented
by
affirmative
action
of
the
appropriate
state
agency
under
the
duties
and
powers
of
state
agencies
as
established
in
this
Act
and
under
the
procedure
established
in
paragraph
“b”,
if
applicable.
b.
In
regard
to
updating
references
and
format
in
the
Iowa
administrative
code
in
order
to
correspond
to
the
Senate
File
514,
p.
1348
restructuring
of
state
government
as
established
in
this
Act,
the
administrative
rules
coordinator
and
the
administrative
rules
review
committee,
in
consultation
with
the
administrative
code
editor,
shall
jointly
develop
a
schedule
for
the
necessary
updating
of
the
Iowa
administrative
code.
2.
Legal
obligations.
a.
Any
license
or
permit
issued
by
any
state
agency
mentioned
in
this
Act,
including
any
agency
abolished,
merged,
or
altered
in
this
Act,
and
in
effect
on
July
1,
2023,
shall
continue
in
full
force
and
effect
until
expiration
or
renewal.
b.
Any
loan,
grant,
or
item
of
value
awarded,
or
contract
entered
into,
as
of
July
1,
2023,
by
any
state
agency
mentioned
in
this
Act,
including
any
agency
abolished,
merged,
or
altered
in
this
Act,
shall
continue
in
full
force
and
effect
pursuant
to
the
terms
of
the
award
of
such
loan,
grant,
item
of
value,
or
contract.
3.
Funds.
Any
funds
in
any
account
or
fund
that
is
altered
in
this
Act,
or
of
a
state
agency
abolished,
merged,
or
altered
in
this
Act,
shall
be
transferred
to
the
comparable
fund
or
account
or
state
agency
as
provided
by
this
Act.
Notwithstanding
section
8.33,
moneys
transferred
in
accordance
with
this
subsection
shall
not
revert
to
the
account
or
fund
from
which
appropriated
or
transferred.
4.
Litigation.
Any
administrative
hearing,
cause
of
action,
or
statute
of
limitation
relating
to
a
state
agency
transferred
to
another
state
agency
as
provided
by
this
Act
shall
not
be
affected
as
a
result
of
the
transfer
and
such
cause
or
statute
of
limitation
shall
apply
to
the
successor
state
agency.
5.
Boards
and
commissions.
The
holder
of
any
position
of
membership
on
any
board,
committee,
commission,
or
council
in
state
government
shall
continue
to
hold
such
position
until
the
end
of
the
member’s
term
of
office,
notwithstanding
any
change
in
the
name
or
organizational
location
of
such
board,
committee,
commission,
or
council
that
is
made
by
this
Act.
6.
Signs
and
insignia.
Any
replacement
of
signs,
logos,
stationery,
insignia,
uniforms,
and
related
items
that
is
made
due
to
the
effect
of
this
Act
should
be
done
as
part
of
the
normal
replacement
cycle
for
such
items.
Sec.
2806.
APPLICABILITY.
The
transition
provisions
in
Senate
File
514,
p.
1349
this
division
of
this
Act,
to
the
extent
not
inconsistent
with
alternative
provisions
specifically
provided
by
law
or
this
Act,
shall
apply
to
this
Act.
______________________________
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
514,
Ninetieth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor