House File 2017 - Introduced HOUSE FILE 2017 BY JONES A BILL FOR An Act relating to the elimination and transition of the duties 1 of the department of public health. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5253YH (4) 87 pf/rh
H.F. 2017 Section 1. DEPARTMENT OF PUBLIC HEALTH ELIMINATION —— 1 TRANSITION OF DIVISIONS TO OTHER EXECUTIVE BRANCH AGENCIES. 2 1. Beginning July 1, 2018, the director of public health 3 shall work with the director of the department of public 4 safety and the director of the department of human services 5 to transition the duties of the department of public health 6 to those agencies effective July 1, 2019. The department 7 of public safety shall assume the duties of the department 8 of public health division of acute disease prevention, 9 emergency response, and environmental health; the division of 10 administration and professional licensure; and the division of 11 tobacco use prevention and control. The department of human 12 services shall assume the duties of the department of public 13 health division of behavioral health and the division of health 14 promotion and chronic disease prevention. 15 2. Any moneys remaining in any account or fund under 16 the control of the department of public health at the 17 conclusion of the fiscal year beginning July 1, 2018, shall 18 be transferred to the control of the respective department 19 assuming control of the division with control of the account or 20 fund. Notwithstanding section 8.33, the moneys transferred in 21 accordance with this subsection shall not revert to the account 22 or fund from which appropriated or transferred. 23 3. Any contract entered into by the department of public 24 health in effect at the conclusion of the fiscal year beginning 25 July 1, 2018, shall continue in full force and effect pending 26 transfer of such contracts to the respective department. 27 4. Any rule, regulation, form, order, or directive 28 promulgated by the department of public health in existence at 29 the conclusion of the fiscal year beginning July 1, 2018, shall 30 continue in full force and effect until amended, repealed, or 31 supplemented by affirmative action of the respective department 32 to which authority is transitioned. 33 5. With regard to updating references and format in 34 the Iowa administrative code in order to correspond to the 35 -1- LSB 5253YH (4) 87 pf/rh 1/ 3
H.F. 2017 transferring of duties of the department of public health, the 1 administrative rules coordinator and the administrative rules 2 review committee, in consultation with the administrative code 3 editor, shall jointly develop a schedule for the necessary 4 updating of the Iowa administrative code. 5 6. Additional legislation is necessary to fully implement 6 this Act. The director of public health shall, in compliance 7 with section 2.16, prepare draft legislation for submission 8 to the legislative services agency, as necessary, for 9 consideration by the general assembly during the 2019 10 legislative session, to implement the elimination of the 11 department of public health and the transition of its duties 12 to the department of public safety and the department of human 13 services effective July 1, 2019. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill provides for the elimination of the department of 18 public health (DPH) and directs the director of public health 19 to work with the directors of the department of public safety 20 (DPS) and the department of human services (DHS) to transfer 21 the duties of DPH to those departments, effective July 1, 2019. 22 The bill directs DPS to assume the duties of the department 23 of public health division of acute disease prevention, 24 emergency response, and environmental health; the division of 25 administration and professional licensure; and the division of 26 tobacco use prevention and control. The bill directs DHS to 27 assume the duties of the department of public health division 28 of behavioral health and the division of health promotion and 29 chronic disease prevention. 30 The bill also provides for the transfer of control of any 31 moneys remaining in any account or fund under the control of 32 DPH at the conclusion of the fiscal year beginning July 1, 33 2018, to the control of the respective department assuming 34 control of the division with control of the account or fund. 35 -2- LSB 5253YH (4) 87 pf/rh 2/ 3
H.F. 2017 Notwithstanding Code section 8.33, the moneys transferred in 1 accordance with the bill shall not revert to the account or 2 fund from which appropriated or transferred. 3 The bill provides that any contract entered into by DPH in 4 effect at the conclusion of the fiscal year beginning July 1, 5 2018, shall continue in full force and effect pending transfer 6 of such contracts to the respective department. Additionally, 7 any rule, regulation, form, order, or directive promulgated 8 by DPH in existence at the conclusion of the fiscal year 9 beginning July 1, 2018, shall continue in full force and 10 effect until amended, repealed, or supplemented by affirmative 11 action of the respective department to which authority is 12 transitioned. With regard to updating references and format 13 in the Iowa administrative code in order to correspond to 14 the transferring of duties of DPH, the administrative rules 15 coordinator and the administrative rules review committee, 16 in consultation with the administrative code editor, shall 17 jointly develop a schedule for the necessary updating of the 18 Iowa administrative code. Finally, additional legislation is 19 necessary to implement the bill. The director of public health 20 shall, in compliance with Code section 2.16, prepare draft 21 legislation for submission to the legislative services agency, 22 as necessary, for consideration by the general assembly during 23 the 2019 legislative session, to implement the elimination of 24 DPH and the transition of its duties to DPS and DHS, effective 25 July 1, 2019. 26 -3- LSB 5253YH (4) 87 pf/rh 3/ 3