House File 2686 - Introduced HOUSE FILE 2686 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 2550) (SUCCESSOR TO HSB 664) A BILL FOR An Act relating to the organization, structure, and functions 1 of state and local governments, providing for salaries 2 of certain state officers, making statutory corrections, 3 resolving inconsistencies, removing ambiguities, and 4 including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5333HZ (2) 90 md/ns
H.F. 2686 DIVISION I 1 NATURAL RESOURCES 2 Section 1. Section 233A.15, Code 2024, is amended to read 3 as follows: 4 233A.15 Transfers Assignments to work in parks. 5 1. The director may assign children from the state training 6 school deemed trustworthy, to perform services for the 7 department of natural resources within the state parks, state 8 game and forest areas, and other lands under the jurisdiction 9 of the department of natural resources. The department of 10 natural resources shall provide permanent housing and work 11 guidance supervision, but the care and custody of the children 12 assigned shall remain with the department. All programs shall 13 have as their primary purpose and shall provide for inculcation 14 or the activation of attitudes, skills, and habit patterns 15 which will be conducive to the habilitation of the children 16 involved. 17 2. The director may use state-owned mobile housing 18 equipment and facilities in performing services at temporary 19 locations in the areas described in subsection 1 . 20 DIVISION II 21 DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING 22 Sec. 2. Section 10A.309, Code 2024, is amended to read as 23 follows: 24 10A.309 Interest in affected business. 25 It shall be unlawful for the The commissioner to shall not 26 be financially interested in any business enterprise coming 27 under or affected by this subchapter during the commissioner’s 28 term of while in office, and if the commissioner violates 29 this statute, it shall be sufficient grounds for removal from 30 office, and in such case the governor shall at once declare the 31 office vacant and appoint another to fill the vacancy. 32 Sec. 3. Section 10A.310, subsection 2, Code 2024, is amended 33 to read as follows: 34 2. Subject to the approval of the director of the department 35 -1- LSB 5333HZ (2) 90 md/ns 1/ 88
H.F. 2686 of workforce development , the commissioner may enter into 1 contracts with any state agency, with or without reimbursement, 2 for the purpose of obtaining the services, facilities, and 3 personnel of the agency and with the consent of any state 4 agency or political subdivision of the state, accept and use 5 the services, facilities, and personnel of the agency or 6 political subdivision, and employ experts and consultants or 7 organizations in order to expeditiously, efficiently, and 8 economically effectuate the purposes of this chapter . The 9 agreements under this subsection are subject to approval by the 10 executive council if approval is required by law. 11 Sec. 4. Section 10A.504, subsection 1, unnumbered paragraph 12 1, Code 2024, is amended to read as follows: 13 The director shall appoint and supervise a full-time an 14 executive director for each of the following boards: 15 Sec. 5. Section 10A.507, subsection 2, Code 2024, is amended 16 to read as follows: 17 2. The fund shall consist of moneys and fees collected by 18 the department for deposit in the fund and other moneys as 19 provided by law . 20 Sec. 6. Section 91C.4, Code 2024, is amended to read as 21 follows: 22 91C.4 Fees. 23 The director shall prescribe the fee for registration, 24 which fee shall not exceed fifty dollars every per year. All 25 fees collected under this chapter shall be deposited in the 26 licensing and regulation fund created in section 10A.507. 27 Sec. 7. Section 135C.9, subsection 1, paragraph b, Code 28 2024, is amended to read as follows: 29 b. The facility has been inspected by the director , who may 30 be a member of a municipal fire department, or the director’s 31 designee and the department has received either a certificate 32 of compliance or a provisional certificate of compliance by 33 the facility with the fire hazard and fire safety rules and 34 standards of the department as promulgated by the director 35 -2- LSB 5333HZ (2) 90 md/ns 2/ 88
H.F. 2686 and, where applicable, the fire safety standards required for 1 participation in programs authorized by either Tit. XVIII or 2 Tit. XIX of the United States Social Security Act, codified at 3 42 U.S.C. §1395 1395ll and 1396 1396g. The certificate or 4 provisional certificate shall be signed by the director or the 5 director’s designee who made the inspection. If the director 6 or director’s designee finds a deficiency upon inspection, the 7 notice to the facility shall be provided in a timely manner 8 and shall specifically describe the nature of the deficiency, 9 identifying the Code section or subsection provision or the 10 rule or standard violated. The notice shall also specify the 11 time allowed for correction of the deficiency, at the end of 12 which time the director or director’s designee shall perform 13 a follow-up inspection. 14 Sec. 8. Section 147.80, Code 2024, is amended to read as 15 follows: 16 147.80 Establishment of fees —— administrative costs. 17 1. Each board , following approval by the department, may , or 18 at the direction of the department, shall by rule establish or 19 revise fees for the following based on the costs of sustaining 20 the board and the actual costs of the service : 21 a. Examinations. 22 b. Licensure, certification, or registration. 23 c. Renewal of licensure, certification, or registration. 24 d. Renewal of licensure, certification, or registration 25 during the grace period. 26 e. Reinstatement or reactivation of licensure, 27 certification, or registration. 28 f. Issuance of a certified statement that a person is 29 licensed, registered, or has been issued a certificate to 30 practice in this state. 31 g. Issuance of a duplicate license, registration, or 32 certificate, which shall be so designated on its face. A board 33 may require satisfactory proof that the original license, 34 registration, or certificate issued by the board has been lost 35 -3- LSB 5333HZ (2) 90 md/ns 3/ 88
H.F. 2686 or destroyed. 1 h. Issuance of a renewal card. 2 i. Verification of licensure, registration, or 3 certification. 4 j. Returned checks. 5 k. Inspections. 6 2. Each board The department shall annually prepare 7 estimates of projected revenues to be generated by the all 8 fees received by the board collected as well as a projection 9 of the fairly apportioned aggregate administrative costs and 10 rental expenses attributable to the board all boards and the 11 division of the department responsible for licensing related to 12 such boards . Each board The department shall annually review 13 and , if necessary, direct the boards to adjust its the schedule 14 of fees to cover aggregate projected expenses and ensure fees 15 imposed in this state are not greater than similar fees imposed 16 by similar boards or agencies in other states . The department 17 shall annually provide to each appropriate board a comparison 18 of the amount of the board’s fees as compared to similar fees 19 imposed by similar boards or agencies in other states. 20 3. a. The board of medicine, the board of pharmacy, the 21 dental board, and the board of nursing shall retain individual 22 an executive officers director pursuant to section 10A.504 , but 23 to the extent possible shall share administrative, clerical, 24 and investigative staff . 25 b. An individual executive director may be appointed and 26 serve as the executive director of one or more of the boards 27 specified under paragraph “a” . 28 Sec. 9. Section 152.2, Code 2024, is amended to read as 29 follows: 30 152.2 Executive director. 31 The board shall retain a full-time an executive director, 32 who shall be appointed pursuant to section 10A.504 . The 33 executive director shall be a registered nurse. The governor, 34 with the approval of the executive council pursuant to section 35 -4- LSB 5333HZ (2) 90 md/ns 4/ 88
H.F. 2686 8A.413, subsection 3 , under the pay plan for exempt positions 1 in the executive branch of government, shall set the salary of 2 the executive director. 3 Sec. 10. Section 153.33B, unnumbered paragraph 1, Code 4 2024, is amended to read as follows: 5 A full-time An executive director shall be appointed as 6 provided under section 10A.504 . The executive director shall 7 not be a member of the board. The duties of the executive 8 director shall be the following: 9 Sec. 11. Section 231B.4, Code 2024, is amended to read as 10 follows: 11 231B.4 Zoning —— fire and safety standards. 12 An elder group home shall be located in an area zoned 13 for single-family or multiple-family housing or in an 14 unincorporated area and shall be constructed in compliance with 15 applicable local housing codes and the rules adopted for the 16 special classification by the department. In the absence of 17 local building codes, the facility shall comply with the state 18 plumbing code established pursuant to section 135.11 105.4 and 19 the state building code established pursuant to section 103A.7 20 and the rules adopted for the special classification by the 21 department. The rules adopted for the special classification 22 by the department regarding second floor occupancy shall take 23 into consideration the mobility of the tenants. 24 Sec. 12. Section 272C.1, subsection 6, Code 2024, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH . ag. The real estate appraiser examining 27 board, created pursuant to chapter 543D. 28 Sec. 13. REPEAL. Section 91C.9, Code 2024, is repealed. 29 Sec. 14. TRANSFER. Moneys remaining in the contractor 30 registration revolving fund at the end of the fiscal year 31 beginning July 1, 2023, shall be transferred to the licensing 32 and regulation fund created in section 10A.507. 33 DIVISION III 34 DEPARTMENT OF TRANSPORTATION 35 -5- LSB 5333HZ (2) 90 md/ns 5/ 88
H.F. 2686 Sec. 15. Section 321.383, subsections 1 and 2, Code 2024, 1 are amended to read as follows: 2 1. This chapter with respect to equipment on vehicles does 3 not apply to implements of husbandry, road machinery, or bulk 4 spreaders and other fertilizer and chemical equipment defined 5 as special mobile equipment, except as made applicable in this 6 section . However, the movement of implements of husbandry on a 7 roadway is subject to safety rules adopted by the department of 8 public safety . The safety rules shall prohibit the movement 9 of any power unit towing more than one implement of husbandry, 10 except implements of husbandry that are not self-propelled and 11 are capable of being towed in tandem, from the manufacturer 12 to the retail seller, from the retail seller to the farm 13 purchaser, or from the manufacturer to the farm purchaser. 14 2. When operated on a highway in this state at a speed 15 of thirty-five miles per hour or less, every farm tractor, 16 or tractor with towed equipment, self-propelled implement of 17 husbandry, road construction or maintenance vehicle, road 18 grader, horse-drawn vehicle, or any other vehicle principally 19 designed for use off the highway and any such tractor, 20 implement, vehicle, or grader when manufactured for sale or 21 sold at retail after December 31, 1971, shall be identified 22 with a reflective device in accordance with the standards of 23 the American society of agricultural engineers; however, this 24 provision shall not apply to such vehicles when traveling in 25 an escorted parade. If a person operating a vehicle drawn 26 by a horse or mule objects to using a reflective device 27 that complies with the standards of the American society of 28 agricultural engineers for religious reasons, the vehicle may 29 be identified by an alternative reflective device that is in 30 compliance with rules adopted by the department of public 31 safety . The reflective device or alternative reflective device 32 shall be visible from the rear. A vehicle other than those 33 specified in this section shall not display a reflective device 34 or an alternative reflective device. On vehicles operating at 35 -6- LSB 5333HZ (2) 90 md/ns 6/ 88
H.F. 2686 speeds above thirty-five miles per hour, the reflective device 1 or alternative reflective device shall be removed or hidden 2 from view. 3 Sec. 16. Section 307.12, subsection 1, paragraph f, Code 4 2024, is amended to read as follows: 5 f. Present the department’s proposed budget to the 6 commission prior to December March 31 of each immediately 7 preceding the applicable fiscal year. 8 Sec. 17. Section 307.12, subsection 1, Code 2024, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . 0l. Establish divisions within the 11 department as necessary or desirable in addition to any 12 departmental division required or established by law. 13 Sec. 18. Section 307.12, subsection 2, Code 2024, is amended 14 to read as follows: 15 2. If in the interest of the state, the director may allow 16 a subsistence expense to an employee under the supervision 17 of the department’s administrator responsible for highway 18 programs and activities for continuous stay in one location 19 while on duty away from established headquarters and place 20 of domicile for a period not to exceed forty-five days; and 21 allow automobile expenses in accordance with section 8A.363 , 22 for moving an employee and the employee’s family from place of 23 present domicile to new domicile, and actual transportation 24 expense for moving of household goods. The household goods for 25 which transportation expense is allowed shall not include pets 26 or animals. 27 Sec. 19. Section 307.21, subsection 1, Code 2024, is amended 28 to read as follows: 29 1. The department’s administrator responsible for the 30 operations and finances of the department shall: 31 a. Provide for the proper maintenance and protection of 32 the grounds, buildings, and equipment of the department, in 33 cooperation with the department of administrative services. 34 b. Establish, supervise, and maintain a system of 35 -7- LSB 5333HZ (2) 90 md/ns 7/ 88
H.F. 2686 centralized electronic data processing for the department, in 1 cooperation with the department of administrative services 2 management . 3 c. Assist the director in preparing Prepare the departmental 4 budget. 5 d. Provide centralized purchasing services for the 6 department, if authorized by the department of administrative 7 services. The administrator department shall, when the price 8 is reasonably competitive and the quality as intended, purchase 9 soybean-based inks and plastic products with recycled content, 10 including but not limited to plastic garbage can liners, and 11 shall purchase these items in accordance with the schedule 12 established in section 8A.315 . However, the administrator 13 department need not purchase garbage can liners in accordance 14 with the schedule if the liners are utilized by a facility 15 approved by the environmental protection commission created 16 under section 455A.6 , for purposes of recycling. For purposes 17 of this section , “recycled content” means that the content of 18 the product contains a minimum of thirty percent postconsumer 19 material. 20 e. Assist the director in employing Employ the professional, 21 technical, clerical, and secretarial staff for the department 22 and maintain employee records, in cooperation with the 23 department of administrative services and provide personnel 24 services, including but not limited to training, safety 25 education, and employee counseling. 26 f. Assist the director in coordinating Coordinate the 27 responsibilities and duties of the various divisions within the 28 department. 29 g. Carry out all other general administrative duties for the 30 department. 31 h. Perform such other duties and responsibilities as may be 32 assigned by the director. 33 Sec. 20. Section 307.21, subsection 2, unnumbered paragraph 34 1, Code 2024, is amended to read as follows: 35 -8- LSB 5333HZ (2) 90 md/ns 8/ 88
H.F. 2686 When performing the duty of providing centralized purchasing 1 services under subsection 1 , the administrator department shall 2 do all of the following: 3 Sec. 21. Section 307.21, subsection 4, Code 2024, is amended 4 to read as follows: 5 4. The administrator department shall provide for the 6 purchase of qualified renewable fuels to power internal 7 combustion engines that are used to operate motor vehicles and 8 for the purchase of motor vehicles operating using engines 9 powered by qualified renewable fuels in the same manner 10 required for the director of the department of administrative 11 services pursuant to section 8A.368 . The department of 12 transportation shall compile information regarding compliance 13 with the provisions of this subsection in the same manner as 14 the department of administrative services pursuant to section 15 8A.369 . The department of transportation shall cooperate 16 with the department of administrative services in preparing 17 the annual state fleet qualified renewable fuels compliance 18 report regarding compliance with this subsection as provided 19 in section 8A.369 . 20 Sec. 22. Section 307.21, subsection 5, paragraph a, 21 unnumbered paragraph 1, Code 2024, is amended to read as 22 follows: 23 Of all new passenger vehicles and light pickup trucks 24 purchased by the administrator department , a minimum of ten 25 percent of all such vehicles and trucks purchased shall be 26 equipped with engines which utilize alternative methods of 27 propulsion, including but not limited to any of the following: 28 Sec. 23. Section 307.21, subsections 6 and 7, Code 2024, are 29 amended to read as follows: 30 6. The administrator department shall, whenever technically 31 feasible, purchase and use degradable loose foam packing 32 material manufactured from grain starches or other renewable 33 resources, unless the cost of the packing material is more than 34 ten percent greater than the cost of packing material made from 35 -9- LSB 5333HZ (2) 90 md/ns 9/ 88
H.F. 2686 nonrenewable resources. For the purposes of this subsection , 1 “packing material” means material, other than an exterior 2 packing shell, that is used to stabilize, protect, cushion, or 3 brace the contents of a package. 4 7. The administrator department may purchase items from 5 the department of administrative services and may cooperate 6 with the director of the department of administrative services 7 by providing purchasing services for the department of 8 administrative services. 9 Sec. 24. Section 307.22, Code 2024, is amended to read as 10 follows: 11 307.22 Planning and programming activities. 12 1. The department’s administrator responsible for 13 transportation planning and infrastructure program development 14 department shall: 15 a. 1. Assist the director in planning Plan all modes of 16 transportation in order to develop an integrated transportation 17 system providing adequate transportation services for all 18 citizens of the state. 19 b. 2. Develop and maintain transportation statistical data 20 for the department. 21 c. 3. Assist the director in establishing, analyzing, 22 and evaluating Establish, analyze, and evaluate alternative 23 transportation policies for the state. 24 d. 4. Coordinate planning duties and responsibilities with 25 the planning functions carried on by other administrators among 26 the divisions of the department. 27 e. (1) 5. a. Annually report by July 1 of each year, 28 for both secondary and farm-to-market systems, miles of earth, 29 granular, and paved surface roads; the daily vehicle miles of 30 travel; and lineal feet of bridge deck under the jurisdiction 31 of each county’s secondary road department, as of the preceding 32 January 1, taking into account roads whose jurisdiction has 33 been transferred from the department to a county or from a 34 county to the department during the previous year. The annual 35 -10- LSB 5333HZ (2) 90 md/ns 10/ 88
H.F. 2686 report shall include those roads transferred to a county 1 pursuant to section 306.8A . 2 (2) b. Miles of secondary and farm-to-market roads shall 3 not include those miles of farm-to-market extensions within 4 cities under five hundred population that are placed under 5 county secondary road jurisdiction pursuant to section 306.4 . 6 (3) c. The annual report of updated road and bridge data of 7 both the secondary and farm-to-market roads shall be submitted 8 to the Iowa county engineers association service bureau. 9 f. 6. Advise and assist the director to study Study and 10 develop highway transport economics to assure availability and 11 productivity of highway transport services. 12 g. Perform such other planning functions as may be assigned 13 by the director. 14 2. The function of planning does not include the detailed 15 design of highways or other modal transportation facilities, 16 but is restricted to the needs of this state for multimodal 17 transportation systems. 18 Sec. 25. Section 307.23, subsection 1, paragraph b, Code 19 2024, is amended to read as follows: 20 b. Provide all legal services for the department. 21 Sec. 26. Section 307.24, unnumbered paragraph 1, Code 2024, 22 is amended to read as follows: 23 The department’s administrator department shall be 24 responsible for highway programs and activities , shall plan, 25 design, construct, and maintain the state primary highways , 26 and shall administer chapters 306 through 306C , chapters 27 309 through 314 , chapters 316 through 318 , and chapter 320 28 and perform other duties as assigned by the director . The 29 department shall: 30 Sec. 27. Section 307.26, Code 2024, is amended to read as 31 follows: 32 307.26 Administration of modal Modal programs and activities. 33 The department’s administrator responsible for modal 34 programs and activities department shall: 35 -11- LSB 5333HZ (2) 90 md/ns 11/ 88
H.F. 2686 1. Advise and assist the director in the development of 1 Develop aeronautics, including but not limited to the location 2 of air terminals; accessibility of air terminals by other 3 modes of public transportation; protective zoning provisions 4 considering safety factors, noise, and air pollution; 5 facilities for private and commercial aircraft; air freight 6 facilities; and such other physical and technical aspects as 7 may be necessary to meet present and future needs. 8 2. Advise and assist the director in the study of Study 9 local and regional transportation of goods and people including 10 intracity and intercity bus systems, dial-a-bus facilities, 11 rural and urban bus and taxi systems, the collection of data 12 from these systems, the study of the feasibility of increased 13 government subsidy assistance and the allocation of such 14 subsidies to each mass transportation system, the study of such 15 other physical and technical aspects which may be necessary 16 to meet present and future needs, and the application for, 17 acceptance of, and expending of federal, state, or private 18 funds for the improvement of mass transit. 19 3. Advise and assist the director in the development of 20 Develop transportation systems and programs for improving 21 passenger and freight services. 22 4. Advise and assist the director in developing Develop 23 programs in anticipation of railroad abandonment, including: 24 a. Development and evaluation of Developing and evaluating 25 programs which will encourage improvement of rail freight 26 and the upgrading of rail lines in order to improve freight 27 service. 28 b. Advising the director Determining when it may appear in 29 the best interest of the state to assume the role of advocate 30 in railroad abandonments and railroad rate schedules. 31 5. Develop and maintain a federal-state relationship 32 of programs relating to railroad safety enforcement, track 33 standards, rail equipment, operating rules, and transportation 34 of hazardous materials. 35 -12- LSB 5333HZ (2) 90 md/ns 12/ 88
H.F. 2686 6. Make surveys, plans, and estimates of cost for the 1 elimination of danger at railroad crossings on highways and 2 confer with local and railroad officials with reference to 3 elimination of the danger. 4 7. Advise and assist the director in the conduct of Conduct 5 research on railroad-highway grade crossings and encourage 6 and develop a safety program in order to reduce injuries or 7 fatalities including but not limited to the following: 8 a. The establishment of Establishing standards for warning 9 devices for particularly hazardous crossings or for classes 10 of crossings on highways, which standards shall be designed 11 to reduce injuries, fatalities, and property damage. Such 12 standards shall regulate the use of warning devices and 13 signs, which shall be in addition to the requirements of 14 section 327G.2 . Implementation of such standards shall be 15 the responsibility of the government agency or department 16 or political subdivision having jurisdiction and control of 17 the highway and such implementation shall be deemed adequate 18 for the purposes of railroad grade crossing protection. The 19 department, or the political subdivision having jurisdiction, 20 may direct the installation of temporary protection while 21 awaiting installation of permanent protection. A railroad 22 crossing shall not be found to be particularly hazardous for 23 any purpose unless the department has determined it to be 24 particularly hazardous. 25 b. The development and adoption of Developing and adopting 26 classifications of crossings on public highways based upon 27 their characteristics, conditions, and hazards, and standards 28 for warning devices, signals, and signs of each crossing 29 classification. The department shall recommend a schedule 30 for implementation of the standards to the government agency, 31 department, or political subdivision having jurisdiction of 32 the highway and shall provide an annual report to the general 33 assembly on the development and adoption of classifications 34 and standards under this paragraph and their implementation, 35 -13- LSB 5333HZ (2) 90 md/ns 13/ 88
H.F. 2686 including information about financing installation of warning 1 devices, signals, and signs. The department shall not be 2 liable for the development or adoption of the classifications 3 or standards. A government agency, department, or political 4 subdivision shall not be liable for failure to implement the 5 standards. A crossing warning or improvement installed or 6 maintained pursuant to standards adopted by the department 7 under this paragraph shall be deemed an adequate and 8 appropriate warning for the crossing. 9 8. Advise and assist the director to assure Assure 10 availability, efficiency, and productivity of freight and 11 passenger services and to promote the coordination of service 12 between all transportation modes. 13 9. Advise and assist the director with studies of Study 14 regulatory changes deemed necessary to effectuate economical 15 and efficient railroad service. 16 10. Advise and assist the director regarding Enter into 17 agreements with railroad corporations for the restoration, 18 conservation, or improvement of railroad as defined in section 19 327D.2, subsection 3 , on such terms, conditions, rates, 20 rentals, or subsidy levels as may be in the best interest 21 of the state. The commission may enter into contracts 22 and agreements which are binding only to the extent that 23 appropriations have been or may subsequently be made by the 24 legislature to effectuate the purposes of this subsection . 25 11. Administer chapters 324A , 327C through 327H , 327J , 328 , 26 329 , and 330 . 27 12. Administer programs and activities in chapters 306D , 28 307C , 308A , and 315 . 29 13. Perform such other duties and responsibilities as may be 30 assigned by the director. 31 14. 13. Promote river transportation and coordinate river 32 programs with other transportation modes. 33 15. 14. Advise and assist the director in the development 34 of Develop river transportation and port facilities in the 35 -14- LSB 5333HZ (2) 90 md/ns 14/ 88
H.F. 2686 state. 1 Sec. 28. Section 307.27, unnumbered paragraph 1, Code 2024, 2 is amended to read as follows: 3 The department’s administrator department shall be 4 responsible for the enforcement and regulation of motor 5 carriers, registration of motor vehicles, and licensing of 6 drivers , and shall: 7 Sec. 29. Section 307.47, subsection 1, Code 2024, is amended 8 to read as follows: 9 1. The highway materials and equipment revolving fund 10 is created from moneys appropriated out of the primary road 11 fund. From this fund shall be paid all costs for materials 12 and supplies, inventoried stock supplies, maintenance and 13 operational costs of equipment, and equipment replacements 14 incurred in the operation of centralized purchasing under 15 the supervision of the administrator responsible for highway 16 programs and activities . Direct salaries and expenses properly 17 chargeable to direct salaries shall be paid from the fund. For 18 each month the administrator responsible for the operations 19 and finances of the department shall render a statement 20 to each highway unit for the actual cost of materials and 21 supplies, operational and maintenance costs of equipment, and 22 equipment depreciation used. The expense shall be paid by the 23 administrator responsible for the operations and finances of 24 the department in the same manner as other interdepartmental 25 billings are paid. The sum paid shall be credited to the 26 highway materials and equipment revolving fund. 27 Sec. 30. Section 307.48, subsection 2, Code 2024, is amended 28 to read as follows: 29 2. An employee under the supervision of the department’s 30 administrator of highways who became an employee of the state 31 department of transportation on July 1, 1974, retains all 32 rights to longevity pay so long as the employee continues 33 employment with the department. 34 Sec. 31. Section 327D.192, Code 2024, is amended to read as 35 -15- LSB 5333HZ (2) 90 md/ns 15/ 88
H.F. 2686 follows: 1 327D.192 Spot checks for hazardous cargo. 2 An employee under the supervision of the department’s 3 administrator for rail and water designated by the director of 4 the department may conduct spot inspections of vehicles subject 5 to registration which are owned or operated by a railroad 6 corporation to determine whether a vehicle is used to transport 7 products or property which may be a safety hazard for the 8 operator of the vehicle subject to registration or any other 9 employee of the railroad corporation who is transported in the 10 vehicle. 11 Sec. 32. Section 327F.39, subsection 1, paragraph a, Code 12 2024, is amended to read as follows: 13 a. “Administrator” means the department’s administrator 14 for rail and water modal programs , or the administrator’s 15 director’s designee. 16 DIVISION IV 17 DEPARTMENT OF EDUCATION 18 Sec. 33. Section 256.9, unnumbered paragraph 1, Code 2024, 19 is amended to read as follows: 20 Except for the higher education division; the bureaus, 21 boards, and commissions within the higher education division; 22 and the public broadcasting board and division, the director 23 shall: 24 Sec. 34. Section 256.9, subsections 3 and 4, Code 2024, are 25 amended to read as follows: 26 3. Establish divisions of the department and assign 27 subject matter duties to divisions of the department in a 28 manner determined by the director as necessary or desirable in 29 addition to divisions required by law , unless a provision of 30 law requires a particular departmental unit or subject matter 31 to be assigned to a specific division of the department . The 32 organization of the department shall promote coordination of 33 functions and services relating to administration, supervision, 34 and improvement of instruction. The director may also reassign 35 -16- LSB 5333HZ (2) 90 md/ns 16/ 88
H.F. 2686 within the department the boards, commissions, bureaus, and 1 duties specified in sections 256.111 and 256.121. 2 4. Employ personnel and assign duties and responsibilities 3 of the department. The director shall appoint a deputy 4 director and division administrators deemed necessary. 5 They shall be appointed on the basis of their professional 6 qualifications, experience in administration, and background. 7 Members of the professional staff are not subject to the merit 8 system provisions of chapter 8A, subchapter IV , and are subject 9 to section 256.10 . 10 Sec. 35. Section 256.10, Code 2024, is amended to read as 11 follows: 12 256.10 Director salary —— employment of professional staff. 13 1. The salary of the director shall be fixed by the 14 governor. 15 2. Appointments to the professional staff of the department 16 shall be without reference to political party affiliation, 17 religious affiliation, sex, or marital status, but shall be 18 based solely upon fitness, ability, and proper qualifications 19 for the particular position. The professional staff shall 20 serve at the discretion of the director. A member of the 21 professional staff shall not be dismissed for cause without 22 appropriate due process procedures including a hearing. 23 3. The director may employ full-time professional salaried 24 staff for less than twelve months each year, but such staff 25 shall be employed by the director for at least nine months of 26 each year. Salaries for full-time professional salaried staff 27 employed as provided in this subsection shall be comparable to 28 other professional salaried staff, adjusting for time worked. 29 Salaries for professional salaried staff employed for periods 30 of less than twelve months shall be paid during each month of 31 the year in which they are employed on the same schedule as all 32 other full-time permanent professional salaried staff. Such 33 staff shall have their salaries paid over twelve months. The 34 director shall provide for and the department shall pay for 35 -17- LSB 5333HZ (2) 90 md/ns 17/ 88
H.F. 2686 the employer share of health and dental insurance benefits for 1 twelve months each year for the full-time professional staff 2 employed as provided in this subsection , and the health and 3 dental insurance benefits provided shall be comparable to the 4 benefits provided to all other professional staff employed by 5 the director . 6 4. The director may employ hourly staff for less than 7 twelve months each year, but such staff shall be employed by 8 the director for at least nine months of each year. Wages for 9 staff employed as provided in this subsection shall be paid 10 during the months the employee is scheduled to work on the same 11 schedule as other employees of the state. The director shall 12 provide for and the department shall pay for the employer share 13 of health and dental insurance benefits for twelve months each 14 year for hourly staff employed as provided in this subsection. 15 Sec. 36. Section 256.103, Code 2024, is amended to read as 16 follows: 17 256.103 Employees —— contracts —— termination and discharge 18 procedures. 19 Sections 279.12 through 279.19 279.19B and section 279.27 20 apply to employees of the Iowa educational services for the 21 blind and visually impaired program and employees of the Iowa 22 school for the deaf, who are licensed pursuant to subchapter 23 VII, part 3 . In following those sections in chapter 279 , the 24 references to boards of directors of school districts shall be 25 interpreted to apply to the department. 26 Sec. 37. NEW SECTION . 256.103A Iowa educational services 27 for the blind and visually impaired and Iowa school for the deaf 28 —— leave. 29 Salaried employees of the Iowa educational services for the 30 blind and visually impaired program and employees of the Iowa 31 school for the deaf who are employed on a school year basis 32 for less than twelve months per year shall be exempt from the 33 provisions of chapter 70A relating to vacation leave. In lieu 34 of vacation leave, such employees shall accrue two personal 35 -18- LSB 5333HZ (2) 90 md/ns 18/ 88
H.F. 2686 leave days per school year and may carry over up to one unused 1 personal day into a subsequent school year. Such employees 2 shall not accrue more than three personal leave days at any one 3 time. Such leave shall not be paid out to the employee upon 4 separation from employment. 5 Sec. 38. Section 256.111, subsection 1, Code 2024, is 6 amended to read as follows: 7 1. The innovation division of the department of education is 8 created. The chief administrative officer head of the division 9 is the administrator who shall be a highly qualified science, 10 technology, engineering, and mathematics advocate and shall be 11 appointed by the director. 12 Sec. 39. Section 256.111, subsection 2, unnumbered 13 paragraph 1, Code 2024, is amended to read as follows: 14 The administrator shall do all of the following , subject to 15 supervision of the director : 16 Sec. 40. Section 256.111, subsection 2, paragraphs a and c, 17 Code 2024, are amended to read as follows: 18 a. Direct and organize the activities of the division, 19 including the science, technology, engineering, and mathematics 20 collaborative initiative created in subsection 3 . 21 c. Perform other duties imposed by law or assigned by the 22 director . 23 Sec. 41. Section 256.121, subsection 1, Code 2024, is 24 amended to read as follows: 25 1. The higher education division of the department of 26 education is created. The chief administrative officer head 27 of the division is the administrator who shall be appointed by 28 the director. 29 Sec. 42. Section 256.121, subsection 2, unnumbered 30 paragraph 1, Code 2024, is amended to read as follows: 31 The administrator shall do all of the following , subject to 32 supervision of the director : 33 Sec. 43. Section 256.121, subsection 2, paragraphs b, d, and 34 e, Code 2024, are amended to read as follows: 35 -19- LSB 5333HZ (2) 90 md/ns 19/ 88
H.F. 2686 b. Direct and organize the activities of the division. 1 d. Hire and control Supervise the personnel employed by the 2 division. 3 e. Perform other duties imposed by law or assigned by the 4 director . 5 DIVISION V 6 DEPARTMENT OF CORRECTIONS 7 Sec. 44. Section 8D.13, subsection 12, Code 2024, is amended 8 to read as follows: 9 12. Access to the network shall be offered to the judicial 10 district departments of correctional services established 11 in section 905.2 904.104A , provided that such departments 12 contribute an amount consistent with their share of use for the 13 part of the system in which the departments participate, as 14 determined by the commission. 15 Sec. 45. Section 80D.1, subsection 1, Code 2024, is amended 16 to read as follows: 17 1. The governing body of a city, a county, or the state of 18 Iowa , or the Iowa department of corrections may provide, either 19 separately or collectively through a chapter 28E agreement, for 20 the establishment of a force of reserve peace officers, and may 21 limit the size of the reserve force. In the case of the state, 22 unless the reserve peace officer is employed by the department 23 of corrections, the department of public safety shall act as 24 the governing body. If the reserve peace officer is employed 25 by the department of corrections, the department of corrections 26 shall act as the governing body. 27 Sec. 46. Section 80D.11, Code 2024, is amended to read as 28 follows: 29 80D.11 Employee —— pay. 30 While performing official duties, each reserve peace officer 31 shall be considered an employee of the governing body which 32 the officer represents and shall be paid a minimum of one 33 dollar per year. The governing body of a city, a county, or 34 the state , or the Iowa department of corrections may provide 35 -20- LSB 5333HZ (2) 90 md/ns 20/ 88
H.F. 2686 additional monetary assistance for the purchase and maintenance 1 of uniforms and equipment used by reserve peace officers. 2 Sec. 47. Section 125.93, Code 2024, is amended to read as 3 follows: 4 125.93 Commitment records —— confidentiality. 5 Records of the identity, diagnosis, prognosis, or treatment 6 of a person which are maintained in connection with the 7 provision of substance use disorder treatment services are 8 confidential, consistent with the requirements of section 9 125.37 , and with the federal confidentiality regulations 10 authorized by the federal Drug Abuse Office and Treatment Act, 11 42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse 12 and Alcoholism Prevention, Treatment and Rehabilitation Act, 42 13 U.S.C. §290dd-2. However, such records may be disclosed to an 14 employee of the department of corrections, if authorized by the 15 director of the department of corrections , or to an employee 16 of a judicial district department of correctional services, if 17 authorized by the director of the judicial district department 18 of correctional services . 19 Sec. 48. Section 216A.136, subsection 8, Code 2024, is 20 amended to read as follows: 21 8. Community-based correctional program records maintained 22 under chapter 905 904 . 23 Sec. 49. Section 321J.2, subsection 3, paragraph b, 24 subparagraph (1), Code 2024, is amended to read as follows: 25 (1) With the consent of the defendant, the court may 26 defer judgment pursuant to section 907.3 and may place the 27 defendant on probation upon conditions as it may require. Upon 28 a showing that the defendant is not fulfilling the conditions 29 of probation, the court may revoke probation and impose any 30 sentence authorized by law. Before taking such action, the 31 court shall give the defendant an opportunity to be heard on 32 any matter relevant to the proposed action. Upon violation 33 of the conditions of probation, the court may proceed as 34 provided in chapter 908 . Upon fulfillment of the conditions 35 -21- LSB 5333HZ (2) 90 md/ns 21/ 88
H.F. 2686 of probation and the payment of fees imposed and not waived 1 by the judicial district department of correctional services 2 under section 905.14 904.912 , the defendant shall be discharged 3 without entry of judgment. 4 Sec. 50. Section 669.2, subsection 5, Code 2024, is amended 5 to read as follows: 6 5. “State agency” includes all executive departments, 7 agencies, boards, bureaus, and commissions of the state of 8 Iowa, and corporations whose primary function is to act as, and 9 while acting as, instrumentalities or agencies of the state of 10 Iowa, whether or not authorized to sue and be sued in their 11 own names. This definition does not include a contractor with 12 the state of Iowa. Soil and water conservation districts as 13 defined in section 161A.3, subsection 6 , and judicial district 14 departments of correctional services as established in section 15 905.2 904.104A are state agencies for purposes of this chapter . 16 Sec. 51. Section 708.2B, subsection 1, Code 2024, is amended 17 to read as follows: 18 1. As used in this section , “district department” means 19 a judicial district department of correctional services, 20 established pursuant to section 905.2 904.104A . 21 Sec. 52. Section 901A.2, subsection 8, Code 2024, is amended 22 to read as follows: 23 8. In addition to any other sentence imposed on a person 24 convicted of a sexually predatory offense pursuant to 25 subsection 1, 2, or 3 , the person shall be sentenced to an 26 additional term of parole or work release not to exceed two 27 years. The board of parole shall determine whether the person 28 should be released on parole or placed in a work release 29 program. The sentence of parole supervision shall commence 30 immediately upon the person’s release by the board of parole 31 and shall be under the terms and conditions as set out in 32 chapter 906 . Violations of parole or work release shall 33 be subject to the procedures set out in chapter 905 904 or 34 908 or rules adopted under those chapters. For purposes of 35 -22- LSB 5333HZ (2) 90 md/ns 22/ 88
H.F. 2686 disposition of a parole violator upon revocation of parole or 1 work release, the sentence of an additional term of parole or 2 work release shall be considered part of the original term of 3 commitment to the department of corrections. 4 Sec. 53. Section 902.1, subsection 4, Code 2024, is amended 5 to read as follows: 6 4. If a defendant is paroled pursuant to subsection 2 or 3 , 7 the defendant shall be subject to the same set of procedures 8 set out in chapters 901B , 905 904 , 906 , and 908 , and rules 9 adopted under those chapters for persons on parole. 10 Sec. 54. Section 903B.1, Code 2024, is amended to read as 11 follows: 12 903B.1 Special sentence —— class “B” or class “C” felonies. 13 A person convicted of a class “C” felony or greater offense 14 under chapter 709 or section 728.12 , or a class “B” felony 15 under section 713.3, subsection 1 , paragraph “d” , shall also be 16 sentenced, in addition to any other punishment provided by law, 17 to a special sentence committing the person into the custody 18 of the director of the Iowa department of corrections for the 19 rest of the person’s life, with eligibility for parole as 20 provided in chapter 906 . The board of parole shall determine 21 whether the person should be released on parole or placed in 22 a work release program. The special sentence imposed under 23 this section shall commence upon completion of the sentence 24 imposed under any applicable criminal sentencing provisions for 25 the underlying criminal offense and the person shall begin the 26 sentence under supervision as if on parole or work release. 27 The person shall be placed on the corrections continuum in 28 chapter 901B , and the terms and conditions of the special 29 sentence, including violations, shall be subject to the same 30 set of procedures set out in chapters 901B , 905 904 , 906 , and 31 908 , and rules adopted under those chapters for persons on 32 parole or work release. The revocation of release shall not be 33 for a period greater than two years upon any first revocation, 34 and five years upon any second or subsequent revocation. A 35 -23- LSB 5333HZ (2) 90 md/ns 23/ 88
H.F. 2686 special sentence shall be considered a category “A” sentence 1 for purposes of calculating earned time under section 903A.2 . 2 Sec. 55. Section 903B.2, Code 2024, is amended to read as 3 follows: 4 903B.2 Special sentence —— class “D” felonies or 5 misdemeanors. 6 A person convicted of a misdemeanor or a class “D” felony 7 offense under chapter 709 , section 726.2 , or section 728.12 8 shall also be sentenced, in addition to any other punishment 9 provided by law, to a special sentence committing the person 10 into the custody of the director of the Iowa department of 11 corrections for a period of ten years, with eligibility for 12 parole as provided in chapter 906 . The board of parole shall 13 determine whether the person should be released on parole 14 or placed in a work release program. The special sentence 15 imposed under this section shall commence upon completion of 16 the sentence imposed under any applicable criminal sentencing 17 provisions for the underlying criminal offense and the person 18 shall begin the sentence under supervision as if on parole or 19 work release. The person shall be placed on the corrections 20 continuum in chapter 901B , and the terms and conditions of the 21 special sentence, including violations, shall be subject to the 22 same set of procedures set out in chapters 901B , 905 904 , 906 , 23 and 908 , and rules adopted under those chapters for persons on 24 parole or work release. The revocation of release shall not be 25 for a period greater than two years upon any first revocation, 26 and five years upon any second or subsequent revocation. A 27 special sentence shall be considered a category “A” sentence 28 for purposes of calculating earned time under section 903A.2 . 29 Sec. 56. Section 904.101, Code 2024, is amended by adding 30 the following new subsections: 31 NEW SUBSECTION . 1A. “Community-based correctional program” 32 means correctional programs and services, under the direction 33 of a district director and the department, including but 34 not limited to an intermediate criminal sanctions program 35 -24- LSB 5333HZ (2) 90 md/ns 24/ 88
H.F. 2686 in accordance with the corrections continuum in section 1 901B.1, designed to supervise and assist individuals who 2 are charged with or have been convicted of a felony, an 3 aggravated misdemeanor or a serious misdemeanor, or who 4 are on probation or parole in lieu of or as a result of a 5 sentence of incarceration imposed upon conviction of any 6 of these offenses, or who are contracted to the district 7 department for supervision and housing while on work release. 8 A community-based correctional program shall be designed by a 9 district department, under the direction and control of the 10 department, in a manner that provides services in a manner 11 free of disparities based upon an individual’s race or ethnic 12 origin. 13 NEW SUBSECTION . 1B. “Community-based corrections facility” 14 means property or buildings owned or operated by the department 15 for a community-based correctional program. 16 NEW SUBSECTION . 4. “District advisory board” means the 17 advisory board of a district department. 18 NEW SUBSECTION . 5. “District department” means a judicial 19 district department of correctional services established under 20 section 904.104A. 21 NEW SUBSECTION . 6. “District director” means the director 22 of a district department, appointed by the director under 23 section 904.301A. 24 Sec. 57. Section 904.102, Code 2024, is amended by adding 25 the following new subsection: 26 NEW SUBSECTION . 12. Community-based corrections 27 facilities. 28 Sec. 58. Section 904.103, subsection 1, Code 2024, is 29 amended by striking the subsection. 30 Sec. 59. Section 904.301A, Code 2024, is amended to read as 31 follows: 32 904.301A Appointment of directors. 33 The director shall appoint, subject to the approval of 34 the board, a district director for each judicial district 35 -25- LSB 5333HZ (2) 90 md/ns 25/ 88
H.F. 2686 department of correctional services established in section 1 905.2 904.104A . 2 Sec. 60. Section 904.303, Code 2024, is amended to read as 3 follows: 4 904.303 Officers and employees —— compensation. 5 1. The director shall determine the number and compensation 6 of subordinate officers and employees for each institution 7 subject to chapter 8A, subchapter IV . Subject to this chapter , 8 the officers and employees shall be appointed and discharged 9 by the superintendent or district director, as applicable, 10 who shall keep in the record of each subordinate officer and 11 employee, the date of employment, the compensation, and the 12 date of and the reasons for each discharge. 13 2. The superintendents , district directors, and employees 14 of the correctional institutions shall receive salaries or 15 compensation as determined by the director, shall receive a 16 midshift meal when on duty, and shall be provided uniforms if 17 uniforms are required to be worn when on duty. The uniforms 18 shall be maintained and replaced by the department at no 19 cost to the employees and shall remain the property of the 20 department. 21 Sec. 61. Section 904.306, Code 2024, is amended to read as 22 follows: 23 904.306 Conferences. 24 Quarterly conferences of the superintendents and the 25 district directors of the institutions shall be held with 26 the director for the consideration of all matters relative 27 to the management of the institutions. Full minutes of the 28 meetings shall be preserved in the records of the director. 29 The director may cause papers to be prepared and read at the 30 conferences on appropriate subjects. 31 Sec. 62. Section 904.307, Code 2024, is amended to read as 32 follows: 33 904.307 Annual reports. 34 1. The superintendent of each institution shall make an 35 -26- LSB 5333HZ (2) 90 md/ns 26/ 88
H.F. 2686 annual report to the director. 1 2. The district director of each district department shall 2 make an annual report to the director. 3 Sec. 63. Section 904.310, Code 2024, is amended to read as 4 follows: 5 904.310 Canteens. 6 The director may maintain a canteen at an institution under 7 the director’s jurisdiction for the sale to persons confined 8 in or committed to the institution of items such as toilet 9 articles, candy, tobacco products, notions, and other sundries, 10 and may provide the necessary facilities, equipment, personnel, 11 and merchandise for the canteen. The director shall specify 12 the items to be sold in the canteen. The department may 13 establish and maintain a permanent operating fund for each 14 canteen. The fund shall consist of the receipts from the 15 sale of commodities at the canteen and donations designated 16 by inmates for reimbursement of victims’ travel expenses. 17 Any money in the fund over the amount needed to do normal 18 business transactions, to reimburse any accounts which have 19 subsidized the canteen fund, and to reimburse victims’ travel 20 expenses shall be considered profit. This money may remain in 21 the institution’s canteen fund and be used for any purchase 22 which the superintendent or district director, as applicable, 23 approves that will directly and collectively benefit the 24 inmates of the institution or to reimburse victims’ travel 25 expenses. 26 Sec. 64. Section 904.311, subsection 1, Code 2024, is 27 amended to read as follows: 28 1. The director may permit the superintendent or the 29 district director, as applicable, of each institution to retain 30 a stated amount of funds in possession as a contingent fund 31 for the payment of freight, postage, commodities purchased 32 on authority of the director on a cash basis, salaries, 33 inmate allowances, and bills granting discount for cash. If 34 necessary, the director shall make proper requisition upon the 35 -27- LSB 5333HZ (2) 90 md/ns 27/ 88
H.F. 2686 director of the department of administrative services for a 1 warrant on the treasurer of state to secure the contingent fund 2 for each institution. 3 Sec. 65. Section 904.315, subsection 1, Code 2024, is 4 amended to read as follows: 5 1. The director of the department of administrative 6 services shall, in writing, let all contracts for authorized 7 improvements under chapter 8A, subchapter III , costing in 8 excess of the competitive bid threshold in section 26.3 , or as 9 established in section 314.1B . Upon prior authorization by 10 the director, improvements costing five thousand dollars or 11 less may be made by the superintendent or district director, as 12 applicable, of any institution. 13 Sec. 66. Section 904.502, Code 2024, is amended to read as 14 follows: 15 904.502 Questionable commitment. 16 The superintendent or the district director, as applicable, 17 shall within three days of the commitment or entrance of a 18 person at the institution notify the director if there is any 19 question as to the propriety of the commitment or detention of 20 any person received at the institution, and the director upon 21 notification shall inquire into the matter presented, and take 22 appropriate action. 23 Sec. 67. Section 904.505, subsection 2, Code 2024, is 24 amended to read as follows: 25 2. The superintendent or district director, as applicable, 26 of each institution shall maintain a register of all penalties 27 imposed on inmates and the cause for which the penalties were 28 imposed. 29 Sec. 68. Section 904.512, Code 2024, is amended to read as 30 follows: 31 904.512 Visits. 32 Members of the executive council, the attorney general, 33 the lieutenant governor, members of the general assembly, 34 judges of the supreme and district court and court of appeals, 35 -28- LSB 5333HZ (2) 90 md/ns 28/ 88
H.F. 2686 judicial magistrates, county attorneys , and persons ordained 1 or designated as regular leaders of a religious community are 2 authorized to visit all institutions under the control of the 3 Iowa department of corrections at reasonable times. No other 4 person shall be granted admission except by permission of the 5 superintendent or district director, as applicable . 6 Sec. 69. Section 904.513, subsection 1, paragraph a, Code 7 2024, is amended to read as follows: 8 a. The department of corrections , in cooperation with the 9 judicial district departments of correctional services, shall 10 establish in each judicial district a continuum of programming 11 for the supervision and treatment of offenders convicted of 12 violating chapter 321J who are sentenced to the custody of the 13 director. The continuum shall include a range of sanctioning 14 options that include but are not limited to prisons and 15 residential facilities. 16 Sec. 70. Section 904.513, subsection 1, paragraph b, 17 subparagraph (4), Code 2024, is amended to read as follows: 18 (4) Assignment may also be made on the basis of the 19 offender’s treatment program performance, as a disciplinary 20 measure, for medical needs, and for space availability at 21 community residential facilities. If there is insufficient 22 space at a community residential facility, the court may order 23 an offender to be released to the supervision of the judicial 24 district department of correctional services , held in jail, 25 or committed to the custody of the director of the department 26 of corrections for assignment to an appropriate correctional 27 facility until there is sufficient space at a community 28 residential facility. 29 Sec. 71. Section 904.514, subsections 1 and 3, Code 2024, 30 are amended to read as follows: 31 1. A person committed to an institution under the control of 32 the department who bites another person, who causes an exchange 33 of bodily fluids with another person, or who causes any bodily 34 secretion to be cast upon another person, shall submit to the 35 -29- LSB 5333HZ (2) 90 md/ns 29/ 88
H.F. 2686 withdrawal of a bodily specimen for testing to determine if the 1 person is infected with a contagious infectious disease. The 2 bodily specimen to be taken shall be determined by the staff 3 physician of the institution. The specimen taken shall be 4 sent to the state hygienic laboratory or some other laboratory 5 approved by the department of health and human services. If a 6 person to be tested pursuant to this section refuses to submit 7 to the withdrawal of a bodily specimen, application may be made 8 by the superintendent of the institution to the district court 9 for an order compelling the person to submit to the withdrawal 10 and, if infected, to available treatment. An order authorizing 11 the withdrawal of a specimen for testing may be issued only by 12 a district judge or district associate judge upon application 13 by the superintendent or district director, as applicable, of 14 the institution. 15 3. Personnel at an institution under the control of the 16 department or of a residential facility operated by a judicial 17 district department of correctional services shall be notified 18 if a person committed to any of these institutions is found to 19 have a contagious infectious disease. 20 Sec. 72. Section 904.602, subsection 1, unnumbered 21 paragraph 1, Code 2024, is amended to read as follows: 22 The following information regarding individuals receiving 23 or who have received services from the department or from the 24 judicial district departments of correctional services under 25 chapter 905 is public information and may be given to anyone: 26 Sec. 73. Section 904.602, subsection 2, unnumbered 27 paragraph 1, Code 2024, is amended to read as follows: 28 The following information regarding individuals receiving 29 or who have received services from the department or from the 30 judicial district departments of correctional services under 31 chapter 905 is confidential and shall not be disseminated by 32 the department to the public: 33 Sec. 74. Section 904.602, subsections 6 and 10, Code 2024, 34 are amended to read as follows: 35 -30- LSB 5333HZ (2) 90 md/ns 30/ 88
H.F. 2686 6. Confidential information described in subsection 2 may 1 be disclosed to public officials for use in connection with 2 their official duties relating to law enforcement, audits and 3 other purposes directly connected with the administration of 4 their programs. Full disclosure by the department of any 5 information on an individual may be made to the board of parole 6 and to judicial district departments of correctional services 7 created under chapter 905 , and the board and those district 8 departments are subject to the same standards as the department 9 in dissemination or redissemination of information on persons 10 served or supervised by those district departments, and all 11 provisions of this section pertain to the board of parole and 12 to the judicial district departments as if they were a part 13 of the department. Information may be disseminated about 14 individuals while under the supervision of the department 15 to public or private agencies to which persons served or 16 supervised by the department are referred for specific services 17 not otherwise provided by the department but only to the extent 18 that the information is needed by those agencies to provide the 19 services required, and they shall keep information received 20 from the department confidential. 21 10. Regulations, procedures, and policies that govern the 22 internal administration of the department and the judicial 23 district departments of correctional services under chapter 24 905 , which if released may jeopardize the secure operation of a 25 correctional institution operation or program are confidential 26 unless otherwise ordered by a court. These records include 27 procedures on inmate movement and control; staffing patterns 28 and regulations; emergency plans; internal investigations; 29 equipment use and security; building plans, operation, 30 and security; security procedures for inmates, staff, and 31 visitors; daily operation records; and contraband and medicine 32 control. These records are exempt from the public inspection 33 requirements in section 17A.3 and section 22.2 . 34 Sec. 75. Section 904.704, Code 2024, is amended to read as 35 -31- LSB 5333HZ (2) 90 md/ns 31/ 88
H.F. 2686 follows: 1 904.704 Limitation on contracts. 2 The director or the superintendents superintendent or 3 district director, as applicable, of the institutions shall 4 not, nor shall any other person employed by the state, make 5 any contract by which the labor or time of an inmate in the 6 institution is given, loaned, or sold to any person unless as 7 provided by subchapter VIII or section 904.703 . 8 Sec. 76. Section 904.904, Code 2024, is amended to read as 9 follows: 10 904.904 Housing facilities —— halfway houses. 11 Unless the inmate returns after working hours to the 12 institution under jurisdiction of the department of 13 corrections , the department of corrections shall contract 14 coordinate with a judicial district department of correctional 15 services for the quartering and supervision of the inmate in 16 local housing facilities. The board of parole shall include 17 as a specific term or condition in the work release plan of 18 any inmate the place where the inmate is to be housed when not 19 on the work assignment. The board of parole shall not place 20 an inmate on work release for longer than six months in any 21 twelve-month period unless approval is given by a majority of 22 the full board of parole. Inmates may be temporarily released 23 to the supervision of a responsible person to participate in 24 family and selected community, religious, educational, social, 25 civic, and recreational activities when it is determined 26 that the participation will directly facilitate the release 27 transition from institution to community. The department of 28 corrections shall provide a copy of the work release plan and 29 a copy of any restitution plan of payment to the judicial 30 district department of correctional services quartering and 31 supervising the inmate. 32 Sec. 77. Section 904.905, Code 2024, is amended to read as 33 follows: 34 904.905 Surrender of earnings. 35 -32- LSB 5333HZ (2) 90 md/ns 32/ 88
H.F. 2686 1. An inmate employed in the community under a work release 1 plan shall surrender to the judicial district department of 2 correctional services the inmate’s total earnings less payroll 3 deductions required by law. The judicial district department 4 of correctional services shall deduct from the earnings in the 5 following order of priority: 6 a. An amount the inmate may be legally obligated to pay 7 for the support of the inmate’s dependents, the amount of 8 which shall be paid to the dependents through the department 9 of health and human services. 10 b. Restitution as ordered by the court pursuant to chapter 11 910 . 12 c. An amount determined to be the cost to the judicial 13 district department of correctional services for providing 14 food, lodging, and clothing for the inmate while under the 15 program. 16 d. Any other financial obligations which are acknowledged by 17 the inmate or any unsatisfied judgment against the inmate. 18 2. Any balance remaining after deductions and payments 19 shall be credited to the inmate’s personal account at the 20 judicial district department of correctional services and shall 21 be paid to the inmate upon release. An inmate so employed 22 shall be paid a fair and reasonable wage in accordance with the 23 prevailing wage scale for such work and shall work at fair and 24 reasonable hours per day and per week. 25 Sec. 78. Section 904.906, Code 2024, is amended to read as 26 follows: 27 904.906 Status of inmates on work release. 28 An inmate employed in the community under this chapter 29 is not an agent, employee, or involuntary servant of the 30 department of corrections , or the board of parole , or the 31 judicial district department of correctional services while 32 released from confinement under the terms of a work release 33 plan. If an inmate suffers an injury arising out of or in 34 the course of the inmate’s employment under this chapter , the 35 -33- LSB 5333HZ (2) 90 md/ns 33/ 88
H.F. 2686 inmate’s recovery shall be from the insurance carrier of the 1 employer of the project and no proceedings for compensation 2 shall be maintained against the insurance carrier of the 3 state institution , or the state , the insurance carrier of the 4 judicial district department of correctional services, or the 5 judicial district department of correctional services, and 6 there is no employer-employee relationship between the inmate 7 and the state institution , or the board of parole , or the 8 judicial district department of correctional services . 9 Sec. 79. Section 904.908, subsections 1 and 2, Code 2024, 10 are amended to read as follows: 11 1. Upon request by the Iowa department of corrections , 12 or the board of parole, or a judicial district department 13 of correctional services a county shall provide temporary 14 confinement for alleged violators of work release conditions 15 if space is available. 16 2. The Iowa department of corrections shall negotiate 17 a reimbursement rate with each county for the temporary 18 confinement of alleged violators of work release conditions 19 who are in the custody of or who are housed or supervised 20 by the director of the Iowa department of corrections or who 21 are housed or supervised by the judicial district department 22 of correctional services . The amount to be reimbursed shall 23 be determined by multiplying the number of days a person is 24 confined by the average daily cost of confining a person in the 25 county facility as negotiated with the department. Payment 26 shall be made upon submission of a voucher executed by the 27 sheriff and approved by the director of the Iowa department of 28 corrections. 29 Sec. 80. Section 904.910, subsections 4 and 5, Code 2024, 30 are amended to read as follows: 31 4. The department may contract with a judicial district 32 department of correctional services for the housing and 33 supervision of an An inmate in local facilities as provided 34 in section 904.904 may be housed and supervised by a district 35 -34- LSB 5333HZ (2) 90 md/ns 34/ 88
H.F. 2686 department . The institutional work release plan shall 1 indicate the place where the inmate is to be housed when not 2 on work assignment. The plan shall not allow for placement 3 of an inmate on work release for more than six months in any 4 twelve-month period without unanimous committee approval to 5 do so. However, an inmate may be temporarily released to the 6 supervision of a responsible person to participate in family 7 and selected community, religious, educational, social, civic, 8 and recreational activities when the committee determines that 9 the participation will directly facilitate the release of the 10 inmate from the institution to the community. The department 11 shall provide a copy of the work release plan and a copy of any 12 restitution plan of payment to the judicial district department 13 of correctional services housing and supervising the inmate. 14 5. An inmate employed in the community under an 15 institutional work release plan approved pursuant to this 16 section shall surrender the inmate’s total earnings less 17 payroll deductions required by law to the superintendent, or to 18 the judicial district department of correctional services if it 19 is housing or supervising the inmate. The superintendent or 20 the judicial district department of correctional services shall 21 deduct from the earnings in the priority established in section 22 904.905 . 23 Sec. 81. Section 905.2, Code 2024, is amended to read as 24 follows: 25 905.2 District Judicial district departments of correctional 26 services established. 27 1. There is established in each judicial district in this 28 state a judicial district department of correctional services. 29 Each district department shall furnish or contract for those 30 services necessary to provide a community-based correctional 31 program which meets the requirements of the Iowa department of 32 corrections . 33 2. The district department is under the direction of the 34 Iowa department of corrections, and shall be administered 35 -35- LSB 5333HZ (2) 90 md/ns 35/ 88
H.F. 2686 by a district director employed by the Iowa department of 1 corrections . A district department is a state agency for 2 purposes of chapter 669 . 3 3. All employees of a district department shall be employees 4 of the Iowa department of corrections . 5 Sec. 82. Section 905.3, Code 2024, is amended to read as 6 follows: 7 905.3 District advisory board —— expenses reimbursed. 8 1. a. A district advisory board is established for each 9 district department, which shall serve in an advisory capacity 10 to a district director without compensation, and shall be 11 composed as follows: 12 (1) a. One member shall be appointed annually by a district 13 director from the board of supervisors of each county in the 14 judicial district. 15 (2) b. The district director shall on or before December 31 16 appoint two citizen members to serve on the district advisory 17 board for the following calendar year. 18 (3) A number of members equal to the number of citizen 19 members shall be appointed by the chief judge of the judicial 20 district on or before December 31 to serve on the district 21 advisory board for the following calendar year. 22 b. 2. The district advisory board shall meet not more often 23 than quarterly during the calendar year. 24 2. 3. The members of the district advisory board shall be 25 reimbursed from funds of the district department for travel and 26 other expenses necessarily incurred in attending meetings. 27 Sec. 83. Section 905.4, Code 2024, is amended to read as 28 follows: 29 905.4 Duties of the district advisory board. 30 The district advisory board shall: 31 1. Adopt bylaws and rules for the conduct of its own 32 district advisory board business. 33 2. Advise the district director concerning suitable 34 quarters at one or more sites in the district as may be 35 -36- LSB 5333HZ (2) 90 md/ns 36/ 88
H.F. 2686 necessary for the district department’s community-based 1 correctional program. 2 3. Recruit and promote local financial support for the 3 district department’s community-based correctional program from 4 private sources such as community service funds, business, 5 industrial and private foundations, voluntary agencies , and 6 other lawful sources. 7 Sec. 84. Section 905.6, Code 2024, is amended to read as 8 follows: 9 905.6 Duties of district director. 10 The Each district director employed by the Iowa department 11 of corrections shall be qualified in the administration of 12 correctional programs. The district director shall: 13 1. Perform the duties and have the responsibilities 14 delegated or specified by the Iowa department of corrections . 15 2. Manage the district department’s community-based 16 correctional program, in accordance with the policies of the 17 Iowa department of corrections . 18 3. Employ, with approval of the Iowa department of 19 corrections , and supervise the employees of the district 20 department, including reserve peace officers, if a force of 21 reserve peace officers has been established. 22 4. Prepare all budgets and fiscal documents, and certify 23 for payment all expenses and payrolls lawfully incurred by the 24 district department. 25 5. Act as secretary to the district advisory board, prepare 26 its agenda and record its proceedings. The district shall 27 provide a copy of minutes from each meeting of the district 28 advisory board to the legislative services agency. 29 6. Develop and submit to the Iowa department of corrections 30 a plan for the establishment, implementation, and operation 31 of a community-based correctional program in that judicial 32 district, which program conforms to the guidelines drawn up 33 by the Iowa department of corrections under this chapter and 34 which conform to rules, policies, and procedures pertaining 35 -37- LSB 5333HZ (2) 90 md/ns 37/ 88
H.F. 2686 to the supervision of parole and work release adopted by the 1 director of the Iowa department of corrections concerning the 2 community-based correctional program. 3 7. Negotiate and, upon approval by the Iowa department of 4 corrections , implement contracts or other arrangements for 5 utilization of local treatment and service resources authorized 6 by subsection 15 . 7 8. Administer the batterers’ treatment program for domestic 8 abuse offenders required in section 708.2B . 9 9. Notify the board of parole, thirty days prior to release, 10 of the release from a residential facility operated by the 11 district department of a person serving a sentence under 12 section 902.12 . 13 10. File with the director of the Iowa department of 14 corrections , within ninety days after the close of each 15 fiscal year, a report covering the district advisory board’s 16 proceedings and a statement of receipts and expenditures during 17 the preceding fiscal year. 18 11. Arrange for, upon approval of the Iowa department of 19 corrections , by contract or on such alternative basis as may 20 be mutually acceptable, and equip suitable quarters at one 21 or more sites in the district as may be necessary for the 22 district department’s community-based correctional program, 23 provided that the district director shall to the greatest 24 extent feasible utilize existing facilities and shall keep 25 capital expenditures for acquisition, renovation, and repair 26 of facilities to a minimum. The district director shall not 27 enter into lease-purchase agreements for the purposes of 28 constructing, renovating, expanding, or otherwise improving 29 a community-based correctional facility or office unless 30 express authorization has been granted by the general assembly, 31 and current funding is adequate to meet the lease-purchase 32 obligation. 33 12. Have authority to accept property by gift, devise, 34 bequest, or otherwise, and to sell or exchange any property 35 -38- LSB 5333HZ (2) 90 md/ns 38/ 88
H.F. 2686 so accepted and apply the proceeds thereof, or the property 1 received in exchange therefor, to the purposes enumerated in 2 subsection 11 . 3 13. Recruit, promote, accept, and use local financial 4 support for the district department’s community-based 5 correctional program from private sources such as community 6 service funds, business, industrial and private foundations, 7 voluntary agencies, and other lawful sources. 8 14. Accept and expend state and federal funds available 9 directly to the district department for all or any part of the 10 cost of its community-based correctional program. 11 15. Arrange, by contract or on an alternative basis mutually 12 acceptable, and with approval of the director of the Iowa 13 department of corrections or that director’s designee for 14 utilization of existing local treatment and service resources, 15 including but not limited to employment, job training, 16 general, special, or remedial education; psychiatric and 17 marriage counseling; and substance use disorder treatment and 18 counseling. 19 16. Have authority to establish a force of reserve peace 20 officers, either separately or collectively through a chapter 21 28E agreement, as provided in chapter 80D . 22 Sec. 85. Section 905.14, subsection 3, Code 2024, is amended 23 to read as follows: 24 3. The department of corrections may adopt rules for the 25 administration of this section . If adopted, the rules shall 26 include a provision for waiving the collection of fees for 27 persons determined to be unable to pay. 28 Sec. 86. Section 907.3, subsection 1, paragraph c, Code 29 2024, is amended to read as follows: 30 c. Upon fulfillment of the conditions of probation and 31 the payment of fees imposed and not waived by the judicial 32 district department of correctional services under section 33 905.14 904.912 , the defendant shall be discharged without entry 34 of judgment. 35 -39- LSB 5333HZ (2) 90 md/ns 39/ 88
H.F. 2686 Sec. 87. Section 907.3, subsection 3, unnumbered paragraph 1 1, Code 2024, is amended to read as follows: 2 By record entry at the time of or after sentencing, the court 3 may suspend the sentence and place the defendant on probation 4 upon such terms and conditions as it may require including 5 commitment to an alternate jail facility or a community 6 correctional residential treatment facility to be followed 7 by a period of probation as specified in section 907.7 , or 8 commitment of the defendant to the judicial district department 9 of correctional services for supervision or services under 10 section 901B.1 at the level of sanctions which the district 11 department determines to be appropriate and the payment of fees 12 imposed under section 905.14 904.912 . A person so committed 13 who has probation revoked shall not be given credit for such 14 time served. However, a person committed to an alternate jail 15 facility or a community correctional residential treatment 16 facility who has probation revoked shall be given credit for 17 time served in the facility. The court shall not suspend any 18 of the following sentences: 19 Sec. 88. Section 907.7, subsection 3, Code 2024, is amended 20 to read as follows: 21 3. The court may subsequently reduce the length of the 22 probation if the court determines that the purposes of 23 probation have been fulfilled and the fees imposed under 24 section 905.14 904.912 have been paid to or waived by the 25 judicial district department of correctional services and 26 that court debt collected pursuant to section 602.8107 has 27 been paid. The purposes of probation are to provide maximum 28 opportunity for the rehabilitation of the defendant and to 29 protect the community from further offenses by the defendant 30 and others. 31 Sec. 89. Section 907.9, subsections 1 and 2, Code 2024, are 32 amended to read as follows: 33 1. At any time that the court determines that the purposes 34 of probation have been fulfilled and fees imposed under section 35 -40- LSB 5333HZ (2) 90 md/ns 40/ 88
H.F. 2686 905.14 904.912 and court debt collected pursuant to section 1 602.8107 have been paid, the court may order the discharge of a 2 person from probation. 3 2. At any time that a probation officer determines that 4 the purposes of probation have been fulfilled and fees imposed 5 under section 905.14 904.912 and court debt collected pursuant 6 to section 602.8107 have been paid, the officer may order the 7 discharge of a person from probation after approval of the 8 district director and notification of the sentencing court and 9 the county attorney who prosecuted the case. 10 Sec. 90. Section 907.9, subsection 4, paragraph a, Code 11 2024, is amended to read as follows: 12 a. At the expiration of the period of probation if the fees 13 imposed under section 905.14 904.912 and court debt collected 14 pursuant to section 602.8107 have been paid, the court shall 15 order the discharge of the person from probation. If portions 16 of the court debt remain unpaid, the person shall establish a 17 payment plan with the clerk of the district court or the county 18 attorney prior to the discharge. The court shall forward to 19 the governor a recommendation for or against restoration of 20 citizenship rights to that person upon discharge. A person who 21 has been discharged from probation shall no longer be held to 22 answer for the person’s offense. 23 Sec. 91. REPEAL. Sections 905.1, 905.7, 905.8, 905.9, 24 905.10, 905.12, 905.13, and 905.15, Code 2024, are repealed. 25 Sec. 92. CODE EDITOR DIRECTIVE. 26 1. The Code editor is directed to make the following 27 transfers: 28 a. Section 905.2 to section 904.104A. 29 b. Section 905.3 to section 904.104B. 30 c. Section 905.4 to section 904.105A. 31 d. Section 905.6 to section 904.301B. 32 e. Section 905.11 to section 904.911. 33 f. Section 905.14 to section 904.912. 34 g. Section 905.16 to section 904.913. 35 -41- LSB 5333HZ (2) 90 md/ns 41/ 88
H.F. 2686 2. The Code editor is directed to correct internal 1 references in the Code and in any enacted legislation as 2 necessary due to enactment of this division of this Act. 3 DIVISION VI 4 DEPARTMENT OF REVENUE 5 Sec. 93. Section 99G.3, subsection 5, Code 2024, is amended 6 to read as follows: 7 5. “Director” means the director of the department of 8 revenue or the director’s designee. 9 Sec. 94. Section 99G.7, subsection 1, paragraphs b and c, 10 Code 2024, are amended to read as follows: 11 b. Promote or provide for promotion of the lottery and any 12 functions related to the division under this chapter . 13 c. Prepare a budget for the approval of the director for 14 activities of the division under this chapter . 15 Sec. 95. Section 99G.7, subsection 1, paragraph g, Code 16 2024, is amended by striking the paragraph. 17 Sec. 96. Section 99G.8, subsections 4, 11, and 13, Code 18 2024, are amended to read as follows: 19 4. No officer or employee of the department shall be a 20 member of the board. 21 11. The board shall meet at least quarterly and at such 22 other times upon call of the chairperson or the chief executive 23 officer administrator . Notice of the time and place of each 24 board meeting shall be given to each member. The board shall 25 also meet upon call of three or more of the board members. 26 The board shall keep accurate and complete records of all its 27 meetings. 28 13. Board members shall not have any direct or indirect 29 interest in an undertaking that puts their personal interest 30 in conflict with that of the department under this chapter 31 including but not limited to an interest in a major procurement 32 contract or a participating retailer. 33 Sec. 97. Section 99G.10, subsection 3, Code 2024, is amended 34 to read as follows: 35 -42- LSB 5333HZ (2) 90 md/ns 42/ 88
H.F. 2686 3. A background investigation shall be conducted by 1 the department of public safety, division of criminal 2 investigation, on each applicant who has reached the final 3 selection process prior to employment by the department under 4 this chapter . For positions not designated as sensitive by the 5 department, the investigation may consist of a state criminal 6 history background check, work history, and financial review. 7 The department shall identify those sensitive positions of 8 the division which require full background investigations, 9 which positions shall include, at a minimum, any officer of 10 the division, and any employee with operational management 11 responsibilities, security duties, or system maintenance or 12 programming responsibilities related to the division’s data 13 processing or network hardware, software, communication, or 14 related systems under this chapter . In addition to a work 15 history and financial review, a full background investigation 16 may include a national criminal history check through the 17 federal bureau of investigation. The screening of employees 18 through the federal bureau of investigation shall be conducted 19 by submission of fingerprints through the state criminal 20 history repository to the federal bureau of investigation. The 21 results of background investigations conducted pursuant to this 22 section shall not be considered public records under chapter 23 22 . 24 Sec. 98. Section 99G.11, subsections 1, 2, 3, and 4, Code 25 2024, are amended to read as follows: 26 1. A member of the board , any officer, or other employee of 27 the division shall not directly or indirectly, individually, 28 as a member of a partnership or other association, or as a 29 shareholder, director, or officer of a corporation have an 30 interest in a business that contracts for the operation or 31 marketing of the lottery as authorized by this chapter , unless 32 the business is controlled or operated by a consortium of 33 lotteries in which the division has an interest. 34 2. Notwithstanding the provisions of chapter 68B , a person 35 -43- LSB 5333HZ (2) 90 md/ns 43/ 88
H.F. 2686 contracting or seeking to contract with the state to supply 1 gaming equipment or materials for use in the operation of the 2 lottery, an applicant for a license to sell tickets or shares 3 in the lottery, or a retailer shall not offer a member of 4 the board , any officer, or other employee of the division, 5 or a member of their immediate family a gift, gratuity, or 6 other thing having a value of more than the limits established 7 in chapter 68B , other than food and beverage consumed at 8 a meal. For purposes of this subsection , “member of their 9 immediate family” means a spouse, child, stepchild, brother, 10 brother-in-law, stepbrother, sister, sister-in-law, stepsister, 11 parent, parent-in-law, or step-parent of the board member , the 12 officer, or other employee who resides in the same household 13 in the same principal residence of the board member , officer, 14 or other employee. 15 3. If a board member , officer, or other employee of the 16 division violates a provision of this section , the board 17 member , officer, or employee shall be immediately removed from 18 the office or position. 19 4. Enforcement of this section against a board member , 20 officer, or other employee shall be by the attorney general who 21 upon finding a violation shall initiate an action to remove the 22 board member , officer, or employee. 23 Sec. 99. Section 99G.12, subsection 1, Code 2024, is amended 24 to read as follows: 25 1. The authority department may operate self-service kiosks 26 to dispense authorized lottery tickets or products in locations 27 where lottery games and lottery products are sold, subject to 28 the requirements of this chapter . 29 Sec. 100. Section 99G.21, subsection 2, paragraph f, Code 30 2024, is amended to read as follows: 31 f. To enter into written agreements with one or more other 32 states or territories of the United States, or one or more 33 political subdivisions of another state or territory of the 34 United States, or any entity lawfully operating a lottery 35 -44- LSB 5333HZ (2) 90 md/ns 44/ 88
H.F. 2686 outside the United States for the operation, marketing, and 1 promotion of a joint lottery or joint lottery game. For 2 the purposes of this subsection , any lottery with which the 3 authority department reaches an agreement or compact shall meet 4 the criteria for security, integrity, and finance set by the 5 board. 6 Sec. 101. Section 99G.22, subsection 1, Code 2024, is 7 amended to read as follows: 8 1. The department shall investigate the financial 9 responsibility, security, and integrity of any lottery system 10 vendor who is a finalist in submitting a bid, proposal, or 11 offer as part of a major procurement contract. Before a major 12 procurement contract is awarded, the division of criminal 13 investigation of the department of public safety shall conduct 14 a background investigation of the vendor to whom the contract 15 is to be awarded. The administrator department shall consult 16 with the division of criminal investigation and shall provide 17 for the scope of the background investigation and due diligence 18 to be conducted in connection with major procurement contracts. 19 At the time of submitting a bid, proposal, or offer to the 20 department on a major procurement contract, each vendor shall 21 be required to submit to the division of criminal investigation 22 appropriate investigation authorization to facilitate this 23 investigation, together with an advance of funds to meet the 24 anticipated investigation costs. If the division of criminal 25 investigation determines that additional funds are required 26 to complete an investigation, the vendor will be so advised. 27 The background investigation by the division of criminal 28 investigation may include a national criminal history check 29 through the federal bureau of investigation. The screening 30 of vendors or their employees through the federal bureau of 31 investigation shall be conducted by submission of fingerprints 32 through the state criminal history repository to the federal 33 bureau of investigation. 34 Sec. 102. Section 99G.23, subsections 1 and 2, Code 2024, 35 -45- LSB 5333HZ (2) 90 md/ns 45/ 88
H.F. 2686 are amended to read as follows: 1 1. The division department may make procurements that 2 integrate functions such as lottery game design, lottery ticket 3 distribution to retailers, supply of goods and services, 4 and advertising. In all procurement decisions under this 5 chapter , the division department shall take into account the 6 particularly sensitive nature of the lottery and shall act to 7 promote and ensure security, honesty, fairness, and integrity 8 in the operation and administration of the lottery and the 9 objectives of raising net proceeds for state programs. 10 2. Each vendor for a major procurement shall, at the 11 execution of the contract with the division department , post 12 a performance bond or letter of credit from a bank or credit 13 provider acceptable to the division department in an amount as 14 deemed necessary by the division department for that particular 15 bid or contract. 16 Sec. 103. Section 99G.24, subsection 7, paragraphs d and e, 17 Code 2024, are amended to read as follows: 18 d. Is a vendor or any employee or agent of any vendor doing 19 business with the department under this chapter or with the 20 division. 21 e. Resides in the same household as an officer employee 22 of the division with operational management responsibilities, 23 security duties, or system maintenance or programming 24 responsibilities related to the division’s data processing or 25 network hardware, software, communication, or related systems 26 under this chapter . 27 Sec. 104. Section 99G.27, subsection 1, paragraphs a, b, and 28 h, Code 2024, are amended to read as follows: 29 a. A violation of this chapter , a regulation, or a policy or 30 procedure of the division department . 31 b. Failure to accurately or timely account or pay for 32 lottery products, lottery games, revenues, or prizes as 33 required by the division department . 34 h. Failure to meet any of the objective criteria established 35 -46- LSB 5333HZ (2) 90 md/ns 46/ 88
H.F. 2686 by the division department pursuant to this chapter . 1 Sec. 105. Section 99G.28, Code 2024, is amended to read as 2 follows: 3 99G.28 Proceeds held in trust. 4 All proceeds from the sale of the lottery tickets or shares 5 shall constitute a trust fund until paid to the division 6 department directly, through electronic funds transfer to the 7 division department , or through the division’s department’s 8 authorized collection representative. A lottery retailer 9 and officers of a lottery retailer’s business shall have a 10 fiduciary duty to preserve and account for lottery proceeds and 11 lottery retailers shall be personally liable for all proceeds. 12 Proceeds shall include unsold products received but not paid 13 for by a lottery retailer and cash proceeds of the sale of any 14 lottery products net of allowable sales commissions and credit 15 for lottery prizes paid to winners by lottery retailers. Sales 16 proceeds of pull-tab tickets shall include the sales price 17 of the lottery product net of allowable sales commission and 18 prizes contained in the product. Sales proceeds and unused 19 instant tickets shall be delivered to the division department 20 or its authorized collection representative upon demand. 21 Sec. 106. Section 99G.30A, subsection 2, paragraphs a and c, 22 Code 2024, are amended to read as follows: 23 a. The director of revenue shall administer the monitor 24 vending machine excise tax as nearly as possible in conjunction 25 with the administration of state sales tax laws. The director 26 shall provide appropriate forms or provide appropriate entries 27 on the regular state tax forms for reporting local sales and 28 services tax liability. 29 c. Frequency of deposits and monthly reports of the monitor 30 vending machine excise tax with the department of revenue are 31 governed by the tax provisions in section 423.31 . Monitor 32 vending machine excise tax collections shall not be included in 33 computation of the total tax to determine frequency of filing 34 under section 423.31 . 35 -47- LSB 5333HZ (2) 90 md/ns 47/ 88
H.F. 2686 Sec. 107. Section 99G.31, subsection 3, paragraphs f and g, 1 Code 2024, are amended to read as follows: 2 f. The division department is discharged of all liability 3 upon payment of a prize pursuant to this section . 4 g. No ticket or share issued by the division shall be 5 purchased by and no prize shall be paid to any member of the 6 board of directors; any officer or employee of the department 7 under this chapter ; or to any spouse, child, brother, sister, 8 or parent residing as a member of the same household in the 9 principal place of residence of any such person. 10 Sec. 108. Section 99G.34, subsection 4, Code 2024, is 11 amended to read as follows: 12 4. Security records pertaining to investigations and 13 intelligence-sharing information between lottery security 14 officers staff and those of other lotteries and law enforcement 15 agencies, the security portions or segments of lottery 16 requests for proposals, proposals by vendors to conduct 17 lottery operations, and records of the security division of the 18 department under this chapter pertaining to game security data, 19 ticket validation tests, and processes. 20 Sec. 109. Section 99G.35, subsection 1, unnumbered 21 paragraph 1, Code 2024, is amended to read as follows: 22 The department’s chief security officer and investigators 23 lottery security staff under this chapter shall be qualified 24 by training and experience in law enforcement to perform their 25 respective duties in support of the activities of the security 26 office. The chief security officer and investigators Lottery 27 security staff shall not have sworn peace officer status. The 28 lottery security office shall perform all of the following 29 activities in support of the mission of the department under 30 this chapter : 31 Sec. 110. Section 421.2, Code 2024, is amended to read as 32 follows: 33 421.2 Department of revenue. 34 A department of revenue is created. The department shall be 35 -48- LSB 5333HZ (2) 90 md/ns 48/ 88
H.F. 2686 administered by a director of revenue who shall be appointed by 1 the governor subject to confirmation by the senate and shall 2 serve at the pleasure of the governor. If the office of the 3 director becomes vacant, the vacancy shall be filled in the 4 same manner as provided for the original appointment. The 5 Except for the Iowa lottery division under chapter 99G, the 6 director may establish, abolish, and consolidate divisions 7 within the department of revenue when necessary for the 8 efficient performance of the various functions and duties of 9 the department of revenue. 10 Sec. 111. Section 421.9, subsection 1, unnumbered paragraph 11 1, Code 2024, is amended to read as follows: 12 The director of revenue or a department employee designated 13 deputy by the director shall sign on behalf of the department 14 all orders, subpoenas, warrants, and other documents of like 15 character issued by the department. 16 DIVISION VII 17 WORKFORCE DEVELOPMENT 18 Sec. 112. Section 84A.5, subsection 5, Code 2024, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . p. The supplemental nutrition assistance 21 program employment and training program pursuant to 7 C.F.R. 22 pt. 273, administered jointly with the department of health and 23 human services. 24 Sec. 113. Section 84A.6, subsection 2, paragraph a, Code 25 2024, is amended to read as follows: 26 a. The director of the department of workforce development, 27 in cooperation with the department of health and human 28 services, shall provide job placement and training to persons 29 referred by the department of health and human services 30 under the promoting independence and self-sufficiency 31 through employment job opportunities and basic skills program 32 established pursuant to chapter 239B and the supplemental 33 nutrition assistance program employment and training program 34 pursuant to 7 C.F.R. pt. 273 . 35 -49- LSB 5333HZ (2) 90 md/ns 49/ 88
H.F. 2686 Sec. 114. Section 84A.19, subsection 2, Code 2024, is 1 amended to read as follows: 2 2. The department of workforce development and community 3 colleges shall jointly implement adult education and literacy 4 programs to assist adults and youths sixteen years of age and 5 older who are not in school in obtaining the knowledge and 6 skills necessary for further education, work, and community 7 involvement. 8 DIVISION VIII 9 DEPARTMENT OF PUBLIC SAFETY 10 Sec. 115. Section 80E.1, subsection 2, paragraph b, Code 11 2024, is amended by striking the paragraph. 12 Sec. 116. Section 100.41, Code 2024, is amended to read as 13 follows: 14 100.41 Authority to cite violations. 15 Fire officials acting under the authority of this part 16 chapter 10A, subchapter V, part 2, may issue citations in 17 accordance with chapter 805 , for violations of this part 18 chapter 10A, subchapter V, part 2, or a violation of a local 19 fire safety code. 20 DIVISION IX 21 ECONOMIC DEVELOPMENT AUTHORITY AND IOWA FINANCE AUTHORITY —— 22 REPORTS 23 Sec. 117. Section 15.107B, Code 2024, is amended by adding 24 the following new subsection: 25 NEW SUBSECTION . 3. The director may, notwithstanding 26 any provision of law to the contrary, include in the report 27 submitted pursuant to subsection 1, any other annual report 28 relating to a program or activity required to be prepared by 29 the authority, the director, or the board, and submitted to the 30 general assembly. 31 Sec. 118. Section 15.108, subsection 6, paragraph c, 32 subparagraph (1), subparagraph division (c), Code 2024, is 33 amended to read as follows: 34 (c) By January 15 of each year, or as part of the annual 35 -50- LSB 5333HZ (2) 90 md/ns 50/ 88
H.F. 2686 report under section 15.107B, the economic development 1 authority shall submit to the governor and the general assembly 2 a compilation of reports required under this subparagraph. 3 Sec. 119. Section 15.108, subsection 8, paragraph f, Code 4 2024, is amended to read as follows: 5 f. Conduct surveys of existing art and cultural programs 6 and activities within the state, including but not limited to 7 music, theater, dance, painting, sculpture, architecture, and 8 allied arts and crafts. The authority shall submit , or include 9 as part of the annual report under section 15.107B, a report 10 on the survey to the governor and to the general assembly no 11 later than ten calendar days after the commencement of each 12 first session of the general assembly recommending appropriate 13 legislation or other action as the authority deems appropriate. 14 Sec. 120. Section 15.120, subsection 3, paragraph b, Code 15 2024, is amended to read as follows: 16 b. The center shall prepare an annual report in coordination 17 with the authority. The center shall submit the report to the 18 general assembly and the legislative services agency by January 19 15 of each year or shall provide the report to the authority to 20 include as part of the annual report under section 15.107B . 21 Sec. 121. Section 15.231, subsection 7, Code 2024, is 22 amended by striking the subsection. 23 Sec. 122. Section 15.275, subsection 2, Code 2024, is 24 amended to read as follows: 25 2. The authority shall report to the general assembly on or 26 before September 1 of each fiscal year , or report as part of 27 the annual report under section 15.107B, on the effectiveness 28 of each entity that conducted statewide tourism marketing 29 services and efforts in the immediately preceding fiscal 30 year pursuant to a contract awarded under subsection 1 . The 31 report shall be provided in an electronic format and shall 32 include metrics and criteria that allow the general assembly to 33 quantify and evaluate the effectiveness and economic impact of 34 each entity’s statewide tourism marketing services and efforts. 35 -51- LSB 5333HZ (2) 90 md/ns 51/ 88
H.F. 2686 Sec. 123. Section 15.320, subsection 2, unnumbered 1 paragraph 1, Code 2024, is amended to read as follows: 2 By January 31 of each year, the board, in cooperation with 3 the department of revenue, shall submit to the general assembly 4 and to the governor , or provide to the authority for inclusion 5 in the annual report under section 15.107B, a report describing 6 the activities of the program for the most recent calendar year 7 for which the tax credit application period has ended pursuant 8 to section 15.318, subsection 1 ,<