H.F. 2283 Section 1. Section 142A.2, subsections 1 and 6, Code 2020, 1 are amended by striking the subsections. 2 Sec. 2. Section 142A.2, subsection 2, Code 2020, is amended 3 by striking the subsection and inserting in lieu thereof the 4 following: 5 2. “Bureau” means the bureau of tobacco use prevention and 6 control of the Iowa department of public health, established 7 pursuant to this chapter. 8 Sec. 3. Section 142A.3, subsection 1, Code 2020, is amended 9 to read as follows: 10 1. The department shall establish , as a separate and 11 distinct division within the department, a division bureau of 12 tobacco use prevention and control. The division bureau shall 13 develop, implement, and administer the initiative established 14 in this chapter and shall perform other duties as directed by 15 this chapter or as assigned by the director of public health. 16 Sec. 4. Section 142A.3, subsections 2, 3, 4, 5, 6, 7, 8, 9, 17 and 10, Code 2020, are amended by striking the subsections. 18 Sec. 5. Section 142A.4, unnumbered paragraph 1, Code 2020, 19 is amended to read as follows: 20 The commission bureau shall do all of the following: 21 Sec. 6. Section 142A.4, subsection 9, paragraph b, Code 22 2020, is amended to read as follows: 23 b. In coordinating and responding to the requests, the 24 commission bureau shall work with state agencies, the governor, 25 and the general assembly as necessary to address requests 26 deemed appropriate by the commission bureau . 27 Sec. 7. Section 142A.4, subsection 10, unnumbered paragraph 28 1, Code 2020, is amended to read as follows: 29 Adopt rules pursuant to chapter 17A as necessary for the 30 designation, governance, and oversight of the initiative and 31 the implementation of this chapter . The commission bureau 32 shall provide for community partnership and youth program input 33 in the rules adoption process. The rules shall include but are 34 not limited to all of the following: 35 -1- LSB 5844YH (8) 88 ss/rh 1/ 8

H.F. 2283 Sec. 8. Section 142A.4, subsections 12, 17, and 19, Code 1 2020, are amended to read as follows: 2 12. Submit a report to the governor and the general assembly 3 on a periodic basis, during the initial year of operation, 4 and on an annual basis thereafter, regarding the initiative, 5 including demonstrated progress based on performance 6 indicators. The commission bureau shall report more frequently 7 if requested by the joint appropriations subcommittee that 8 makes recommendations concerning the commission’s bureau’s 9 budget. Beginning July 1, 2005, the commission shall also 10 perform a comprehensive review of the initiative and shall 11 submit a report of its findings to the governor and the general 12 assembly on or before December 15, 2005. 13 17. Solicit and accept any gift of money or property, 14 including any grant of money, services, or property from 15 the federal government, the state, a political subdivision, 16 or a private source that is consistent with the goals of 17 the initiative. The commission bureau shall adopt rules 18 prohibiting the acceptance of gifts from a manufacturer of 19 tobacco products. 20 19. Evaluate the work of the division bureau and the 21 department relating to the initiative. For this purpose, the 22 commission bureau shall have access to any relevant department 23 records and documents, and other information reasonably 24 obtainable by the department. 25 Sec. 9. Section 142A.4, subsection 13, Code 2020, is amended 26 by striking the subsection. 27 Sec. 10. Section 142A.5, Code 2020, is amended to read as 28 follows: 29 142A.5 Director and administrator duties. 30 1. The director shall do all of the following: 31 a. 1. Establish and maintain the division bureau of tobacco 32 use prevention and control. 33 b. Employ a separate division administrator, in accordance 34 with the requirements of section 142A.4, subsection 14 , in a 35 -2- LSB 5844YH (8) 88 ss/rh 2/ 8

H.F. 2283 full-time equivalent position whose sole responsibility and 1 duty shall be the administration and oversight of the division. 2 The division administrator shall report to and shall serve 3 at the pleasure of the director. The administrator shall 4 be exempt from the merit system provisions of chapter 8A, 5 subchapter IV . 6 c. 2. Coordinate all tobacco use prevention and control 7 programs and activities under the purview of the department. 8 d. Receive and review budget recommendations from the 9 commission. The director shall consider these recommendations 10 in developing the budget request for the department. 11 2. The administrator shall do all of the following: 12 a. 3. Implement the initiative, coordinate the activities 13 of the commission and the initiative, and coordinate other 14 tobacco use prevention and control activities as assigned by 15 the director . 16 b. 4. Monitor and evaluate the effectiveness of performance 17 measures. 18 c. Provide staff and administrative support to the 19 commission. 20 d. 5. Administer contracts entered into under this chapter . 21 e. 6. Coordinate and cooperate with other tobacco use 22 prevention and control programs within and outside of the 23 state. 24 f. Provide necessary information to the commission to 25 assist the commission in making its annual report to the 26 joint appropriations subcommittee pursuant to section 142A.4, 27 subsection 13 , and in fulfilling other commission duties 28 pursuant to section 142A.4 . 29 Sec. 11. Section 142A.6, subsections 1, 4, and 5, Code 2020, 30 are amended to read as follows: 31 1. A comprehensive tobacco use prevention and control 32 initiative is established. The division bureau shall implement 33 the initiative as provided in this chapter . 34 4. The division bureau shall implement the initiative 35 -3- LSB 5844YH (8) 88 ss/rh 3/ 8

H.F. 2283 in a manner that ensures that youth are extensively involved 1 in the decision making for the programs implemented under 2 the initiative. The initiative shall also involve parents, 3 schools, and community members in activities to achieve the 4 results desired for the initiative. The division bureau 5 shall encourage collaboration at the state and local levels 6 to maximize available resources and to provide flexibility to 7 support community efforts. 8 5. Procurement of goods and services necessary to implement 9 the initiative is subject to approval of the commission 10 department . Notwithstanding chapter 8A, subchapter III , or 11 any other provision of law to the contrary, such procurement 12 may be accomplished by the commission department under its 13 own competitive bidding process which shall provide for 14 consideration of such factors as price, bidder competence, and 15 expediency in procurement. 16 Sec. 12. Section 142A.8, subsections 2 and 3, Code 2020, are 17 amended to read as follows: 18 2. A community partnership area shall encompass a county 19 or multicounty area, school district or multischool district 20 area, economic development enterprise zone that meets the 21 requirements of an urban or rural enterprise community under 22 Tit. XIII of the federal Omnibus Budget Reconciliation Act of 23 1993, or early childhood Iowa area, in accordance with criteria 24 adopted by the commission bureau for appropriate population 25 levels and size of geographic areas. 26 3. The commission bureau shall adopt rules pursuant to 27 chapter 17A providing procedures for the initial designation 28 of community partnership areas and for subsequent changes to 29 the initially designated areas. 30 Sec. 13. Section 142A.10, subsections 1, 2, and 3, Code 31 2020, are amended to read as follows: 32 1. The commission bureau shall develop and implement a 33 statewide system for the initiative programs that are delivered 34 through community partnerships. 35 -4- LSB 5844YH (8) 88 ss/rh 4/ 8

H.F. 2283 2. The system shall provide for equitable allocation of 1 funding for initiative programs among the state’s community 2 partnership areas, based upon school-age population and other 3 criteria established by the commission bureau . 4 3. The specific programs, distribution provisions, and 5 other provisions approved by the commission bureau for 6 expenditure of the maximum allocation amount established for 7 a community partnership area shall be outlined in the written 8 contract with the community partnership. 9 Sec. 14. Section 225C.5, subsection 1, paragraph g, Code 10 2020, is amended by striking the paragraph. 11 Sec. 15. NEW SECTION . 225C.22 Mental health planning and 12 advisory council —— meetings. 13 The mental health planning and advisory council created 14 pursuant to 42 U.S.C. §300x-3 shall meet no more than four 15 times per year. 16 Sec. 16. REPEAL. Section 148C.12, Code 2020, is repealed. 17 Sec. 17. SUBSTANCE ABUSE WORK GROUP —— TOBACCO. The 18 division of behavioral health of the department of public 19 health shall include tobacco use as a subject of study in new 20 or existing work groups convened for the purpose of addressing 21 substance abuse in Iowa. 22 Sec. 18. TRANSITION PROVISIONS. 23 1. Any rule, regulation, form, order, or directive 24 promulgated by the division of tobacco use prevention and 25 control or the commission on tobacco use prevention and control 26 as required to administer and enforce the provisions of chapter 27 142A, Code 2020, in effect on the effective date of this 28 Act shall continue in full force and effect until amended, 29 repealed, or supplemented by affirmative action of the bureau 30 of tobacco use prevention and control. 31 2. Any moneys remaining in any account or fund under the 32 control of the division of tobacco use prevention and control 33 or the commission on tobacco use prevention and control on the 34 effective date of this Act shall be transferred to a comparable 35 -5- LSB 5844YH (8) 88 ss/rh 5/ 8

H.F. 2283 fund or account under the control of the bureau of tobacco use 1 prevention and control for such purposes. Notwithstanding 2 section 8.33, the moneys transferred in accordance with this 3 subsection shall not revert to the account or fund from which 4 appropriated or transferred. 5 3. The division of tobacco use prevention and control or the 6 commission on tobacco use prevention and control shall assist 7 the department of public health in implementing this Act by 8 providing for an effective transition of powers and duties from 9 the respective division or commission to the bureau of tobacco 10 use prevention and control under chapter 142A and related 11 administrative rules. Such assistance shall include but is not 12 limited to assisting in cooperating with federal agencies. 13 4. Any replacement of signs, logos, stationery, insignia, 14 uniforms, and related items that is made due to the effect of 15 this Act shall be done as part of the normal replacement cycle 16 for such items. 17 5. An administrative hearing or court proceeding arising 18 out of an enforcement action under chapter 142A or related 19 administrative rules pending on the effective date of this 20 Act shall not be affected by this Act. Any cause of action 21 or statute of limitation relating to an action taken by 22 the division of tobacco use prevention and control or the 23 commission on tobacco use prevention and control shall not be 24 affected by this Act and such cause of action or statute of 25 limitation shall apply to the bureau of tobacco use prevention 26 and control. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to organization, composition, meeting, 31 and reporting requirements of certain public health governing 32 entities. 33 TOBACCO USE PREVENTION AND CONTROL. The bill replaces 34 the division of tobacco use prevention and control of the 35 -6- LSB 5844YH (8) 88 ss/rh 6/ 8

H.F. 2283 department of public health (division) with the bureau of 1 tobacco use prevention and control (bureau) and eliminates the 2 commission on tobacco use prevention and control (commission). 3 The bill transfers duties and control of the tobacco use 4 prevention and control initiative, community partnerships, and 5 youth programs previously administered by the division and the 6 commission to the bureau. The bill requires the division of 7 behavioral health of the department of public health to include 8 tobacco use as a subject of study in new or existing work 9 groups convened for the purpose of addressing substance abuse 10 in Iowa. The bill strikes a requirement that the bureau of 11 tobacco use prevention and control annually appear before the 12 joint appropriations subcommittee that makes recommendations 13 concerning the commission’s budget to report on the budget 14 expenditures of the bureau. 15 The bill includes transition provisions regarding the 16 elimination of the division and the commission, and the 17 establishment of the bureau. Any rule, regulation, form, 18 order, or directive promulgated by the division or the 19 commission in effect on the effective date of the bill remains 20 in effect until it is amended, repealed, or supplemented by 21 affirmative action of the bureau. Moneys remaining in any 22 fund or account of the division or commission are transferred 23 to control of the bureau. The bill instructs the division 24 and commission to assist the department of public health in 25 implementing the provisions of the bill. An administrative 26 hearing or court proceeding initiated by or against the 27 division or the commission is unaffected by the bill, and any 28 cause of action or statute of limitation against the division 29 or commission applies against the bureau. 30 MENTAL HEALTH PLANNING AND ADVISORY COUNCIL. The bill 31 removes the requirement that one member of the mental health 32 and disability services commission be selected from nominees 33 submitted by the state’s council of the association of federal, 34 state, county, and municipal employees. The bill limits the 35 -7- LSB 5844YH (8) 88 ss/rh 7/ 8

H.F. 2283 number of meetings that may be held by the federally created 1 mental health planning and advisory council to no more than 2 four per year. 3 BOARD OF MEDICINE AND BOARD OF PHYSICIAN ASSISTANTS —— 4 ANNUAL REPORT. The bill repeals the requirement that the board 5 of medicine and board of physician assistants submit an annual 6 report to the general assembly and the governor regarding 7 the collaborative efforts and team-building practices of the 8 boards. 9 -8- LSB 5844YH (8) 88 ss/rh 8/ 8