Senate
File
464
-
Introduced
SENATE
FILE
464
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SF
302)
A
BILL
FOR
An
Act
relating
to
the
prevention
of
disabilities
policy
1
council.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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464
Section
1.
NEW
SECTION
.
225B.101
Findings
and
intent.
1
1.
The
general
assembly
finds
that:
2
a.
Between
ten
and
twenty
percent
of
Iowans
have
a
3
disability
that
affects
their
ability
to
learn,
work,
4
communicate,
perform
activities
of
daily
living,
and
5
participate
in
everyday
community
life.
These
disabilities
6
are
the
result
of
genetics,
environmental
factors,
injury,
or
7
illness;
may
occur
at
any
point
in
life;
may
be
mild,
severe,
8
or
intermittent;
and
are
often
very
costly
for
the
individuals
9
affected,
their
families,
and
government
both
in
terms
of
10
quality
of
life
and
financial
expenditures.
11
b.
Most
disabilities
are
due
to
conditions
that
can
be
12
prevented,
can
be
minimized
if
recognized
and
treated
early,
or
13
can
be
reduced
through
appropriate
accommodation.
14
c.
A
need
exists
to
optimize
the
use
of
cost-effective
15
prevention
of
disability
strategies
in
state
policies
and
16
programs
in
order
to
reduce
the
cost
of
disabilities
to
Iowa’s
17
citizens
and
government.
18
2.
It
is
the
intent
of
the
general
assembly
to
establish
19
a
structure
and
process
to
identify
opportunities
to
enhance
20
prevention
of
disability
efforts
in
Iowa,
design
cross-agency
21
strategies
to
address
the
prevention
of
disabilities,
integrate
22
and
coordinate
proven
prevention
of
disability
strategies
23
within
state
programs,
and
inform
the
general
assembly
about
24
priority
prevention
of
disability
policies
and
programs.
25
Sec.
2.
NEW
SECTION
.
225B.102
Definitions.
26
As
used
in
this
chapter,
unless
the
context
otherwise
27
requires:
28
1.
“Council”
means
the
prevention
of
disabilities
policy
29
council.
30
2.
“Disability”
means
an
individual
who
meets
the
definition
31
in
42
U.S.C.
§12102.
32
3.
“Prevention”
activities
include
policies,
programs,
and
33
practices
that
do
any
of
the
following:
34
a.
Prevent
a
disability
or
a
condition
that
leads
to
a
35
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disability
from
occurring.
1
b.
Identify
a
disability
or
a
condition
that
leads
to
a
2
disability
early
on
so
that
intervention
can
eliminate
the
risk
3
of
a
disability
or
minimize
the
disability’s
effect.
4
c.
Reduce
the
effects
of
a
disability
on
an
individual’s
5
health
and
independence.
6
Sec.
3.
NEW
SECTION
.
225B.103
Prevention
of
disabilities
7
policy
council
established
——
membership
——
duties.
8
1.
A
prevention
of
disabilities
policy
council
is
9
established
to
focus
state
prevention
of
disability
efforts
10
and
provide
oversight
in
the
development
and
operation
of
a
11
coordinated
prevention
of
disabilities
system.
The
council
12
shall
consist
of
the
following
members:
13
a.
Three
providers
of
disability
prevention
services
14
appointed
by
the
governor
and
confirmed
by
the
senate.
The
15
governor
may
consider
recommendations
from
the
prevention
of
16
disabilities
policy
council
in
making
appointments.
17
b.
Three
persons
with
expertise
in
priority
prevention
areas
18
appointed
by
the
governor
and
confirmed
by
the
senate.
The
19
governor
may
consider
recommendations
from
the
prevention
of
20
disabilities
policy
council
in
making
appointments.
21
c.
Three
persons
with
disabilities
or
family
members
22
of
a
person
with
disabilities
appointed
by
the
governor,
23
and
confirmed
by
the
senate.
The
governor
may
consider
24
recommendations
from
the
prevention
of
disabilities
policy
25
council
in
making
appointments.
26
d.
One
representative
each
from
the
department
on
aging,
27
department
of
education,
department
of
human
services,
and
28
department
of
public
health
appointed
by
the
directors
of
the
29
respective
agencies.
30
e.
Two
members
of
the
senate
appointed
by
the
senate
31
majority
leader
and
minority
leader
and
two
members
of
the
32
house
of
representatives
appointed
by
the
speaker
of
the
house
33
and
the
house
minority
leader.
34
2.
Members
of
the
council
appointed
by
the
governor
shall
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serve
three-year
staggered
terms
for
terms
beginning
and
ending
1
as
provided
in
section
69.19.
Members
representing
the
state
2
departments
shall
serve
one-year
terms
and
shall
serve
as
ex
3
officio,
nonvoting
members.
Members
of
the
general
assembly
4
appointed
to
the
council
shall
serve
two-year
terms
as
provided
5
in
section
69.16B
and
shall
serve
as
ex
officio,
nonvoting
6
members.
Vacancies
on
the
council
shall
be
filled
in
the
same
7
manner
as
original
appointments.
Members
are
entitled
to
8
reimbursement
of
actual
expenses
incurred
in
performance
of
9
their
official
duties.
10
3.
The
council
shall
do
all
of
the
following:
11
a.
Review
the
prevention
of
disabilities
activities
of
12
public
and
private
entities
and
provide
recommendations
to
13
optimize
the
planning,
implementation,
and
evaluation
of
14
prevention
of
disabilities
efforts.
15
b.
Promote
cooperative
and
complementary
planning
among
the
16
public,
nonpublic,
and
volunteer
sectors
involved
in
prevention
17
of
disabilities
activities.
18
c.
Facilitate
coordination
of
prevention
of
disabilities
19
activities
among
state
departments
to
develop
an
integrated
20
system
of
care.
21
d.
Provide
support
and
technical
assistance
to
public
22
or
nonpublic
entities
to
identify,
seek,
implement,
and
23
evaluate
state,
federal,
and
private
grants
for
prevention
of
24
disabilities
activities.
25
e.
Encourage
research
into
the
causes
and
prevention
of
26
disabilities,
including
methods
to
evaluate
the
effectiveness
27
of
prevention
efforts.
28
f.
Promote
professional
and
provider
training
in
29
evidence-based
prevention
of
disabilities
measures
and
assure
30
adequate
dissemination
of
such
to
appropriate
entities.
31
g.
Submit
to
the
governor
and
general
assembly
annually
by
32
November
1
a
report
that
includes
all
of
the
following:
33
(1)
A
summary
of
all
disabilities
prevention
activities
34
conducted
since
the
preceding
annual
report.
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464
(2)
Recommendations
for
policy
and
priorities
for
the
1
prevention
of
disabilities.
2
4.
The
council
shall
meet
at
least
six
times
during
the
3
year.
A
majority
of
the
members
of
the
council
constitutes
a
4
quorum
and
a
quorum
is
necessary
to
act
on
matters
within
the
5
purview
of
the
council.
6
Sec.
4.
NEW
SECTION
.
225B.104
Rules.
7
The
department
of
human
services
shall
adopt
and
update
8
administrative
rules
as
necessary
to
implement
the
provisions
9
of
this
chapter.
All
rules
adopted
by
the
department
of
human
10
services
pursuant
to
this
section
are
subject
to
approval
by
11
the
council.
12
Sec.
5.
NEW
SECTION
.
225B.105
Coordination
with
state
13
agencies.
14
1.
The
directors
or
deputy
directors
of
the
state
15
departments
on
aging,
and
of
education,
human
services,
and
16
public
health
shall
meet
at
least
annually
with
the
council
and
17
shall
do
all
of
the
following:
18
a.
Provide
an
update
to
the
council
regarding
the
status
19
of
prevention
of
disabilities
policies
and
programs
with
20
each
respective
department
and
provide
recommendations
about
21
priorities
the
council
should
consider
in
the
next
year.
22
b.
Receive
new
policy
and
program
recommendations
from
the
23
council
regarding
the
prevention
of
disabilities.
24
2.
The
council
may
seek
and
receive
data
from
state
25
departments
that
will
aid
in
developing,
implementing,
and
26
evaluating
prevention
of
disabilities
efforts
and
systems
in
27
Iowa.
28
Sec.
6.
NEW
SECTION
.
225B.106
Coordination
with
disability
29
groups.
30
The
chairpersons
and
designated
staff
of
chairpersons
of
31
public
and
private
state
disabilities
prevention
groups
shall
32
meet
with
the
council
at
least
annually
to
do
all
of
the
33
following:
34
1.
Identify
ways
to
incorporate
prevention
of
disabilities
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activities
within
Iowa’s
disabilities
services
system.
1
2.
Assist
in
developing
a
policy
agenda
for
prevention
of
2
disabilities
services
system
improvements.
3
Sec.
7.
NEW
SECTION
.
225B.107
Evaluation.
4
The
state’s
prevention
of
disability
effort
and
the
council
5
are
subject
to
review
and
evaluation
by
the
governor
and
the
6
general
assembly.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
relates
to
the
prevention
of
disabilities
policy
11
council.
12
In
1991,
the
general
assembly
established
the
prevention
13
of
disabilities
council
(council)
in
Code
chapter
225B.
The
14
council
was
created
to
establish
a
system
to
coordinate
15
prevention
of
disability
activities
among
state
departments
and
16
to
assist
the
governor
and
the
general
assembly
in
determining
17
priorities
and
establishing
policies
for
the
prevention
of
18
disabilities.
19
The
bill
amends
provisions
in
Code
chapter
225B
relating
20
to
prevention
activities
of
the
council,
council
membership,
21
duties,
and
coordination
efforts
with
state
agencies
and
22
disability
groups,
and
related
definitions.
23
The
bill
defines
prevention
activities
of
the
council
to
24
include
policies,
programs,
and
practices
that
prevent
a
25
disability
or
a
condition
that
leads
to
a
disability
from
26
occurring;
that
identify
a
disability
or
a
condition
that
leads
27
to
a
disability
early
on
so
that
the
intervention
can
eliminate
28
the
risk
of
a
disability
or
minimize
the
disability’s
effect;
29
or
that
reduce
the
effects
of
a
disability
on
an
individual’s
30
health
and
independence.
The
bill
amends
the
definition
of
a
31
disability
to
be
the
same
as
the
federal
definition
under
the
32
federal
Americans
with
Disabilities
Act
(42
U.S.C.
§12102).
33
The
bill
provides
that
the
council
replaces
the
current
34
Iowa
developmental
disabilities
council,
to
be
abolished
by
35
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law
July
1,
2015,
in
providing
recommendations
for
individual
1
appointments
of
voting
members
to
the
council
and
council
2
membership
is
expanded
to
include
ex
officio
representatives
3
from
the
department
on
aging,
and
the
departments
of
education,
4
public
health,
and
human
services.
5
The
duties
of
the
council
are
expanded
to
include
reviewing
6
the
prevention
of
disabilities
activities
of
public
and
7
private
entities
and
providing
recommendations
to
optimize
8
the
planning,
implementation,
and
evaluation
of
prevention
of
9
disabilities
efforts;
promoting
cooperative
and
complementary
10
planning
among
the
public,
nonpublic,
and
volunteer
sectors
11
involved
in
prevention
of
disabilities
activities;
facilitating
12
coordination
of
prevention
of
disabilities
activities
13
among
state
departments
to
develop
an
integrated
system
of
14
care;
providing
support
and
technical
assistance
to
public
15
or
nonpublic
entities
to
identify,
seek,
implement,
and
16
evaluate
state,
federal,
and
private
grants
for
prevention
17
of
disabilities
activities;
encouraging
research
into
the
18
causes
and
prevention
of
disabilities,
including
methods
to
19
evaluate
the
effectiveness
of
prevention
efforts;
and
promoting
20
professional
and
provider
training
in
evidence-based
prevention
21
of
disabilities
measures
and
assure
adequate
dissemination
of
22
such
to
appropriate
entities.
23
The
bill
provides
that
the
directors
or
deputy
directors
24
of
the
state
department
on
aging,
and
the
departments
of
25
education,
human
services,
and
public
health
shall
meet
at
26
least
annually
with
the
council
to
provide
updates
to
the
27
council
regarding
the
status
of
prevention
of
disabilities
28
policies
and
receive
new
policy
and
program
recommendations
29
from
the
council
regarding
the
prevention
of
disabilities.
30
Chairpersons
and
staff
of
public
and
private
state
disability
31
groups
are
encouraged
to
meet
with
the
council
annually
32
to
identify
ways
to
incorporate
prevention
of
disabilities
33
activities
within
Iowa’s
disabilities
services
system
and
34
to
assist
in
developing
a
policy
agenda
for
prevention
of
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disabilities
system
improvements.
1
The
bill
directs
the
department
of
human
services
to
adopt
2
rules
to
implement
the
bill,
subject
to
council
approval.
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