Senate Study Bill 3039 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT ON AGING BILL) A BILL FOR An Act relating to the designation of area agencies on aging, 1 and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5312DP (3) 84 pf/nh

S.F. _____ H.F. _____ Section 1. Section 231.32, subsections 1 and 2, Code 2011, 1 are amended to read as follows: 2 1. The commission shall designate thirteen area agencies 3 on aging, the same of which existed on July 1, 1985 an area 4 agency on aging for each planning and service area . The 5 commission shall continue the designation until an area agency 6 on aging’s designation is removed for cause as determined by 7 the commission or , until the agency voluntarily withdraws as 8 an area agency on aging , or until a change in the designation 9 of planning and service areas or area agencies on aging 10 is required by state or federal law . In that event, the 11 commission shall proceed in accordance with subsections 2, 3, 12 and 4 . Designated area agencies on aging shall comply with the 13 requirements of the federal Act. 14 2. The commission shall designate an area agency to serve 15 each planning and service area, after consideration of the 16 views offered by units of general purpose local government. An 17 area agency may be: 18 a. An established office of aging which is operating within 19 a planning and service area designated by the commission. 20 b. Any office or agency of a unit of general purpose local 21 government, which is designated to function only for the 22 purpose of serving as an area agency on aging by the chief 23 elected official of such unit. 24 c. Any office or agency designated by the appropriate 25 chief elected officials of any combination of units of general 26 purpose local government to act only on behalf of the such 27 combination for such purpose. 28 d. Any public or nonprofit private agency in a planning 29 and service area or any separate organizational unit within 30 such agency which is under the supervision or direction for 31 this purpose of the department on aging and which can and will 32 engage only in the planning or provision of a broad range of 33 supportive services or nutrition services within the planning 34 and service area. 35 -1- LSB 5312DP (3) 84 pf/nh 1/ 3

S.F. _____ H.F. _____ Sec. 2. REVOKING OF DESIGNATION AND DESIGNATION OF AREA 1 AGENCIES ON AGING —— EMERGENCY RULES. 2 1. Based upon the plan for reduction in the number of 3 area agencies on aging submitted pursuant to 2011 Iowa Acts, 4 chapter 122, section 20, and pursuant to procedures established 5 by the department on aging in accordance with the federal 6 Older Americans Act, the commission on aging shall revoke the 7 designation of the existing area agencies on aging on June 30, 8 2012, and shall designate an area agency on aging to represent 9 each planning and service area effective July 1, 2012. 10 2. The department on aging may adopt emergency rules under 11 section 17A.4, subsection 3, and section 17A.5, subsection 2, 12 paragraph “b”, to implement the provisions of this section and 13 the rules shall be effective immediately upon filing unless 14 a later date is specified in the rules. Any rules adopted 15 in accordance with this section shall also be published as a 16 notice of intended action as provided in section 17A.4. 17 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 18 immediate importance, takes effect upon enactment. 19 EXPLANATION 20 This bill provides for the revoking of the designation of 21 existing area agencies on aging and the designation of new area 22 agencies on aging. 23 The bill eliminates the requirement that the commission on 24 aging designate 13 area agencies on aging and instead directs 25 the commission to designate an area agency on aging for each 26 planning and service area in the state, and to continue the 27 designation until certain criteria are met. In addition to 28 the existing criteria for revoking of the designation of an 29 area agency on aging, the bill includes the new criterion for 30 an area agency on aging to continue until a change in the 31 designation of planning and service areas or area agencies on 32 aging is required by state or federal law. 33 The bill provides that the entities specified under the law 34 to function as an area agency on aging are to function only for 35 -2- LSB 5312DP (3) 84 pf/nh 2/ 3

S.F. _____ H.F. _____ that purpose or engage only in the functions of an area agency 1 on aging. 2 The bill also directs the commission on aging to revoke the 3 designation of the existing area agencies on aging on June 30, 4 2012, and to designate an area agency on aging to represent 5 each planning and service area effective July 1, 2012, based on 6 the plan for reduction in the number of area agencies on aging 7 submitted pursuant to 2011 Iowa Acts, chapter 122, section 8 20, and pursuant to procedures established by the department 9 on aging in accordance with the federal Older Americans Act. 10 The bill authorizes the department on aging to adopt emergency 11 rules to implement the revocations of designation and the 12 designation of new area agencies on aging. 13 The bill takes effect upon enactment. 14 -3- LSB 5312DP (3) 84 pf/nh 3/ 3