House
File
662
-
Introduced
HOUSE
FILE
662
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
126)
A
BILL
FOR
An
Act
relating
to
the
organization,
structure,
and
1
functions
of
state
government,
providing
for
salaries
of
2
appointed
state
officers,
providing
for
penalties,
making
3
appropriations,
providing
Code
editor
directives
and
4
transition
provisions,
and
including
applicability
and
5
effective
date
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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662
DIVISION
I
1
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
2
Section
1.
Section
2.56,
subsection
5,
Code
2023,
is
amended
3
to
read
as
follows:
4
5.
The
legislative
services
agency,
in
cooperation
with
5
the
division
of
department
of
health
and
human
services
as
the
6
agency
responsible
for
criminal
and
juvenile
justice
planning
7
of
the
department
of
human
rights
,
shall
develop
a
protocol
for
8
analyzing
the
impact
of
the
legislation
on
minorities.
9
Sec.
2.
Section
7A.3,
subsection
1,
paragraph
c,
Code
2023,
10
is
amended
to
read
as
follows:
11
c.
Director
of
the
department
of
health
and
human
services.
12
Sec.
3.
Section
7A.30,
subsection
1,
Code
2023,
is
amended
13
to
read
as
follows:
14
1.
Each
state
board,
commission,
department,
and
division
15
of
state
government
and
each
institution
under
the
control
16
of
the
department
of
health
and
human
services,
the
Iowa
17
department
of
corrections
and
the
state
board
of
regents
18
and
each
division
of
the
state
department
of
transportation
19
are
responsible
for
keeping
a
written,
detailed,
up-to-date
20
inventory
of
all
real
and
personal
property
belonging
to
the
21
state
and
under
their
charge,
control,
and
management.
The
22
inventories
shall
be
in
the
form
prescribed
by
the
director
of
23
the
department
of
administrative
services.
24
Sec.
4.
Section
7D.29,
subsection
3,
Code
2023,
is
amended
25
to
read
as
follows:
26
3.
The
executive
council
shall
receive
requests
from
the
27
Iowa
department
of
public
health
and
human
services
relative
28
to
the
purchase,
storing,
and
distribution
of
vaccines
and
29
medication
for
prevention,
prophylaxis,
or
treatment.
Upon
30
review
and
after
compliance
with
subsection
2
,
the
executive
31
council
may
approve
the
request
and
may
authorize
payment
32
of
the
necessary
expense.
The
expense
authorized
by
the
33
executive
council
under
this
subsection
shall
be
paid
from
the
34
appropriations
referred
to
in
subsection
1.
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Sec.
5.
Section
7E.5,
subsection
1,
paragraphs
i,
j,
k,
and
1
s,
Code
2023,
are
amended
to
read
as
follows:
2
i.
The
department
of
health
and
human
services,
created
in
3
section
217.1
,
which
has
primary
responsibility
for
services
4
to
individuals
to
promote
the
well-being
and
the
social
and
5
economic
development
of
the
people
of
the
state
;
.
6
j.
The
Iowa
department
of
public
health,
created
in
chapter
7
135
,
which
has
primary
responsibility
for
supervision
of
public
8
health
programs,
promotion
of
public
hygiene
and
sanitation,
9
treatment
and
prevention
of
substance
abuse
use
disorder
,
and
10
enforcement
of
related
laws
;
.
11
k.
The
department
on
aging,
created
in
section
231.21
,
12
which
has
primary
responsibility
for
leadership
and
program
13
management
for
programs
which
serve
the
older
individuals
of
14
the
state
;
and
for
services
relating
to
Latino
persons,
women,
15
persons
with
disabilities,
community
action
agencies,
criminal
16
and
juvenile
justice
planning,
African
Americans,
deaf
and
17
hard-of-hearing
persons,
persons
of
Asian
and
Pacific
Islander
18
heritage,
and
Native
Americans
.
19
s.
The
department
of
human
rights,
created
in
section
20
216A.1
,
which
has
primary
responsibility
for
services
relating
21
to
Latino
persons,
women,
persons
with
disabilities,
community
22
action
agencies,
criminal
and
juvenile
justice
planning,
23
African
Americans,
deaf
and
hard-of-hearing
persons,
persons
of
24
Asian
and
Pacific
Islander
heritage,
and
Native
Americans.
25
Sec.
6.
Section
8.39,
subsection
2,
Code
2023,
is
amended
26
to
read
as
follows:
27
2.
If
the
appropriation
of
a
department,
institution,
or
28
agency
is
insufficient
to
properly
meet
the
legitimate
expenses
29
of
the
department,
institution,
or
agency,
the
director,
with
30
the
approval
of
the
governor,
may
make
an
interdepartmental
31
transfer
from
any
other
department,
institution,
or
agency
of
32
the
state
having
an
appropriation
in
excess
of
its
needs,
of
33
sufficient
funds
to
meet
that
deficiency.
Such
transfer
shall
34
be
to
an
appropriation
made
from
the
same
funding
source
and
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within
the
same
fiscal
year.
The
amount
of
a
transfer
made
1
from
an
appropriation
under
this
subsection
shall
be
limited
2
to
not
more
than
one-tenth
of
one
percent
of
the
total
of
all
3
appropriations
made
from
the
funding
source
of
the
transferred
4
appropriation
for
the
fiscal
year
in
which
the
transfer
is
5
made.
An
interdepartmental
transfer
to
an
appropriation
which
6
is
not
an
entitlement
appropriation
is
not
authorized
when
7
the
general
assembly
is
in
regular
session
and,
in
addition,
8
the
sum
of
interdepartmental
transfers
in
a
fiscal
year
to
an
9
appropriation
which
is
not
an
entitlement
appropriation
shall
10
not
exceed
fifty
percent
of
the
amount
of
the
appropriation
11
as
enacted
by
the
general
assembly.
For
the
purposes
of
12
this
subsection
,
an
entitlement
appropriation
is
a
line
item
13
appropriation
to
the
state
public
defender
for
indigent
defense
14
or
to
the
department
of
health
and
human
services
for
foster
15
care,
state
supplementary
assistance,
or
medical
assistance,
or
16
for
the
family
investment
program.
17
Sec.
7.
Section
8A.321,
subsection
4,
Code
2023,
is
amended
18
to
read
as
follows:
19
4.
Contract,
with
the
approval
of
the
executive
council,
20
for
the
repair,
remodeling,
or,
if
the
condition
warrants,
21
demolition
of
all
buildings
and
grounds
of
the
state
at
the
22
seat
of
government,
at
the
state
laboratories
facility
in
23
Ankeny,
and
the
institutions
of
the
department
of
health
and
24
human
services
and
the
department
of
corrections
for
which
no
25
specific
appropriation
has
been
made,
if
the
cost
of
repair,
26
remodeling,
or
demolition
will
not
exceed
one
hundred
thousand
27
dollars
when
completed.
The
cost
of
repair
projects
for
which
28
no
specific
appropriation
has
been
made
shall
be
paid
as
an
29
expense
authorized
by
the
executive
council
as
provided
in
30
section
7D.29
.
31
Sec.
8.
Section
8A.362,
subsection
8,
Code
2023,
is
amended
32
to
read
as
follows:
33
8.
All
fuel
used
in
state-assigned
automobiles
shall
be
34
purchased
at
cost
from
the
various
installations
or
garages
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of
the
state
department
of
transportation,
state
board
of
1
regents,
department
of
health
and
human
services,
or
state
2
motor
pools
throughout
the
state,
unless
the
state-owned
3
sources
for
the
purchase
of
fuel
are
not
reasonably
accessible.
4
If
the
director
determines
that
state-owned
sources
for
the
5
purchase
of
fuel
are
not
reasonably
accessible,
the
director
6
shall
authorize
the
purchase
of
fuel
from
other
sources.
The
7
director
may
prescribe
a
manner,
other
than
the
use
of
the
8
revolving
fund,
in
which
the
purchase
of
fuel
from
state-owned
9
sources
is
charged
to
the
state
agency
responsible
for
the
10
use
of
the
motor
vehicle.
The
director
shall
prescribe
the
11
manner
in
which
oil
and
other
normal
motor
vehicle
maintenance
12
for
state-owned
motor
vehicles
may
be
purchased
from
private
13
sources,
if
they
cannot
be
reasonably
obtained
from
a
state
14
motor
pool.
The
director
may
advertise
for
bids
and
award
15
contracts
in
accordance
with
competitive
bidding
procedures
16
for
items
and
services
as
provided
in
this
subchapter
for
17
furnishing
fuel,
oil,
grease,
and
vehicle
replacement
parts
for
18
all
state-owned
motor
vehicles.
The
director
and
other
state
19
agencies,
when
advertising
for
bids
for
gasoline,
shall
also
20
seek
bids
for
ethanol
blended
gasoline.
21
Sec.
9.
Section
8A.504,
subsection
1,
paragraph
d,
22
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
23
(1)
Any
debt,
which
is
assigned
to
the
department
of
health
24
and
human
services,
or
which
is
owed
to
the
department
of
25
health
and
human
services
for
unpaid
premiums
under
section
26
249A.3,
subsection
2
,
paragraph
“a”
,
subparagraph
(1),
or
27
which
the
child
support
recovery
unit
services
is
otherwise
28
attempting
to
collect,
or
which
the
foster
care
recovery
unit
29
services
of
the
department
of
health
and
human
services
is
30
attempting
to
collect
on
behalf
of
a
child
receiving
foster
31
care
provided
by
the
department
of
health
and
human
services.
32
Sec.
10.
Section
8A.504,
subsection
2,
unnumbered
paragraph
33
1,
Code
2023,
is
amended
to
read
as
follows:
34
The
collection
entity
shall
establish
and
maintain
a
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procedure
to
set
off
against
any
claim
owed
to
a
person
by
a
1
public
agency
any
liability
of
that
person
owed
to
a
public
2
agency,
a
support
debt
being
enforced
by
the
child
support
3
recovery
unit
services
pursuant
to
chapter
252B
,
or
such
other
4
qualifying
debt.
The
procedure
shall
only
apply
when
at
the
5
discretion
of
the
director
it
is
feasible.
The
procedure
shall
6
meet
the
following
conditions:
7
Sec.
11.
Section
8A.504,
subsection
3,
Code
2023,
is
amended
8
to
read
as
follows:
9
3.
In
the
case
of
multiple
claims
to
payments
filed
10
under
this
section
,
priority
shall
be
given
to
claims
filed
11
by
the
child
support
recovery
unit
services
or
the
foster
12
care
recovery
unit
services
,
next
priority
shall
be
given
to
13
claims
filed
by
the
clerk
of
the
district
court,
next
priority
14
shall
be
given
to
claims
filed
by
the
college
student
aid
15
commission,
next
priority
shall
be
given
to
claims
filed
by
the
16
investigations
division
of
the
department
of
inspections
and
17
appeals,
and
last
priority
shall
be
given
to
claims
filed
by
18
other
public
agencies.
In
the
case
of
multiple
claims
in
which
19
the
priority
is
not
otherwise
provided
by
this
subsection
,
20
priority
shall
be
determined
in
accordance
with
rules
to
be
21
established
by
the
director.
22
Sec.
12.
Section
8A.512,
subsection
1,
paragraph
b,
23
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
24
(2)
Claims
for
medical
assistance
payments
authorized
under
25
chapter
249A
are
subject
to
the
time
limits
imposed
by
rule
26
adopted
by
the
department
of
health
and
human
services.
27
Sec.
13.
Section
10A.108,
Code
2023,
is
amended
to
read
as
28
follows:
29
10A.108
Improper
health
and
human
services
entitlement
30
benefits
or
provider
payments
——
debt,
lien,
collection.
31
1.
a.
If
a
person
refuses
or
neglects
to
repay
benefits
or
32
provider
payments
inappropriately
obtained
from
the
department
33
of
health
and
human
services,
the
amount
inappropriately
34
obtained,
including
any
interest,
penalty,
or
costs
attached
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to
the
amount,
constitutes
a
debt
and
is
a
lien
in
favor
of
the
1
state
upon
all
property
and
any
rights
or
title
to
or
interest
2
in
property,
whether
real
or
personal,
belonging
to
the
person
3
for
the
period
established
in
subsection
2
,
with
the
exception
4
of
property
which
is
exempt
from
execution
pursuant
to
chapter
5
627
.
6
b.
A
lien
under
this
section
shall
not
attach
to
any
amount
7
of
inappropriately
obtained
benefits
or
provider
payments,
or
8
portions
of
the
benefits
or
provider
payments,
attributable
to
9
errors
by
the
department
of
health
and
human
services.
Liens
10
shall
only
attach
to
the
amounts
of
inappropriately
obtained
11
benefits
or
provider
payments
or
portions
of
the
benefits
or
12
provider
payments
which
were
obtained
due
to
false,
misleading,
13
incomplete,
or
inaccurate
information
submitted
by
a
person
in
14
connection
with
the
application
for
or
receipt
of
benefits
or
15
provider
payments.
16
2.
a.
The
lien
attaches
at
the
time
the
notice
of
the
17
lien
is
filed
under
subsection
3
,
and
continues
for
ten
years
18
from
that
date,
unless
released
or
otherwise
discharged
at
an
19
earlier
time.
20
b.
The
lien
may
be
extended,
within
ten
years
from
the
21
date
of
attachment,
if
a
person
files
a
notice
with
the
county
22
recorder
or
other
appropriate
county
official
of
the
county
23
in
which
the
property
is
located
at
the
time
of
filing
the
24
extension.
From
the
time
of
the
filing
of
the
notice,
the
lien
25
period
shall
be
extended
for
ten
years
to
apply
to
the
property
26
in
the
county
in
which
the
notice
is
filed,
unless
released
27
or
otherwise
discharged
at
an
earlier
time.
The
number
of
28
extensions
is
not
limited.
29
c.
The
director
department
shall
discharge
any
lien
which
is
30
allowed
to
lapse
and
may
charge
off
any
account
and
release
the
31
corresponding
lien
before
the
lien
has
lapsed
if
the
director
32
department
determines,
under
uniform
rules
prescribed
by
the
33
director,
that
the
account
is
uncollectible
or
collection
costs
34
involved
would
not
warrant
collection
of
the
amount
due.
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3.
To
preserve
the
lien
against
subsequent
mortgagees,
1
purchasers,
or
judgment
creditors,
for
value
and
without
notice
2
of
the
lien,
on
any
property
located
in
a
county,
the
director
3
shall
file
a
notice
of
the
lien
with
the
recorder
of
the
county
4
in
which
the
property
is
located
at
the
time
of
filing
of
the
5
notice.
6
4.
The
county
recorder
of
each
county
shall
prepare
7
and
maintain
in
the
recorder’s
office
an
index
of
liens
of
8
debts
established
based
upon
benefits
or
provider
payments
9
inappropriately
obtained
from
and
owed
the
department
of
health
10
and
human
services,
containing
the
applicable
entries
specified
11
in
sections
558.49
and
558.52
,
and
providing
appropriate
12
columns
for
all
of
the
following
data,
under
the
names
of
13
debtors,
arranged
alphabetically:
14
a.
The
name
of
the
debtor.
15
b.
“State
of
Iowa,
Department
of
Health
and
Human
Services”
16
as
claimant.
17
c.
The
time
that
the
notice
of
the
lien
was
filed
for
18
recording.
19
d.
The
date
of
notice.
20
e.
The
amount
of
the
lien
currently
due.
21
f.
The
date
of
the
assessment.
22
g.
The
date
of
satisfaction
of
the
debt.
23
h.
Any
extension
of
the
time
period
for
application
of
the
24
lien
and
the
date
that
the
notice
for
extension
was
filed.
25
5.
The
recorder
shall
endorse
on
each
notice
of
lien
the
day
26
and
time
filed
for
recording
and
the
document
reference
number,
27
and
shall
preserve
the
notice.
The
recorder
shall
index
the
28
notice
and
shall
record
the
lien
in
the
manner
provided
for
29
recording
real
estate
mortgages.
The
lien
is
effective
from
30
the
time
of
the
indexing.
31
6.
The
department
shall
pay,
from
moneys
appropriated
to
32
the
department
for
this
purpose,
recording
fees
as
provided
in
33
section
331.604
,
for
the
recording
of
the
lien.
34
7.
Upon
payment
of
a
debt
for
which
the
director
department
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has
filed
notice
with
a
county
recorder,
the
director
1
department
shall
provide
to
the
debtor
a
satisfaction
of
2
the
debt.
The
debtor
shall
be
responsible
for
filing
the
3
satisfaction
of
the
debt
with
the
recorder
and
the
recorder
4
shall
enter
the
satisfaction
on
the
notice
on
file
in
the
5
recorder’s
office.
6
8.
The
department
of
inspections
,
and
appeals
,
and
7
licensing
,
as
provided
in
this
chapter
and
chapter
626
,
shall
8
proceed
to
collect
all
debts
owed
the
department
of
health
and
9
human
services
as
soon
as
practicable
after
the
debt
becomes
10
delinquent.
If
service
has
not
been
made
on
a
distress
warrant
11
by
the
officer
to
whom
addressed
within
five
days
from
the
12
date
the
distress
warrant
was
received
by
the
officer,
the
13
authorized
investigators
of
the
department
of
inspections
,
and
14
appeals
,
and
licensing
may
serve
and
make
return
of
the
warrant
15
to
the
clerk
of
the
district
court
of
the
county
named
in
the
16
distress
warrant,
and
all
subsequent
procedures
shall
be
in
17
compliance
with
chapter
626
.
18
9.
The
distress
warrant
shall
be
in
a
form
as
prescribed
19
by
the
director,
shall
be
directed
to
the
sheriff
of
the
20
appropriate
county,
and
shall
identify
the
debtor,
the
type
21
of
debt,
and
the
delinquent
amount.
The
distress
warrant
22
shall
direct
the
sheriff
to
distrain,
seize,
garnish,
or
levy
23
upon,
and
sell,
as
provided
by
law,
any
real
or
personal
24
property
belonging
to
the
debtor
to
satisfy
the
amount
of
the
25
delinquency
plus
costs.
The
distress
warrant
shall
also
direct
26
the
sheriff
to
make
due
and
prompt
return
to
the
department
27
or
to
the
district
court
under
chapter
626
of
all
amounts
28
collected.
29
10.
The
attorney
general,
upon
the
request
of
the
director
30
of
inspections
,
and
appeals
,
and
licensing
,
shall
bring
an
31
action,
as
the
facts
may
justify,
without
bond,
to
enforce
32
payment
of
any
debts
under
this
section
,
and
in
the
action
33
the
attorney
general
shall
have
the
assistance
of
the
county
34
attorney
of
the
county
in
which
the
action
is
pending.
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11.
The
remedies
of
the
state
shall
be
cumulative
and
no
1
action
taken
by
the
director
of
inspections
,
and
appeals
,
and
2
licensing
or
attorney
general
shall
be
construed
to
be
an
3
election
on
the
part
of
the
state
or
any
of
its
officers
to
4
pursue
any
remedy
to
the
exclusion
of
any
other
remedy
provided
5
by
law.
6
Sec.
14.
Section
10A.402,
subsections
4
and
5,
Code
2023,
7
are
amended
to
read
as
follows:
8
4.
Investigations
and
collections
relative
to
the
9
liquidation
of
overpayment
debts
owed
to
the
department
of
10
health
and
human
services.
Collection
methods
include
but
are
11
not
limited
to
small
claims
filings,
debt
setoff,
distress
12
warrants,
and
repayment
agreements,
and
are
subject
to
approval
13
by
the
department
of
health
and
human
services.
14
5.
Investigations
relative
to
the
administration
of
the
15
state
supplementary
assistance
program,
the
state
medical
16
assistance
program,
the
food
stamp
supplemental
nutrition
17
assistance
program,
the
family
investment
program,
and
any
18
other
state
or
federal
benefit
assistance
program.
19
Sec.
15.
Section
11.5B,
Code
2023,
is
amended
to
read
as
20
follows:
21
11.5B
Repayment
of
audit
expenses
by
state
departments
and
22
agencies.
23
The
auditor
of
state
shall
be
reimbursed
by
a
department
24
or
agency
for
performing
audits
or
examinations
of
the
25
following
state
departments
or
agencies,
or
funds
received
by
26
a
department
or
agency:
27
1.
Department
of
commerce.
28
2.
Department
of
health
and
human
services.
29
3.
State
department
of
transportation.
30
4.
Iowa
department
of
public
health.
31
5.
4.
State
board
of
regents.
32
6.
5.
Department
of
agriculture
and
land
stewardship.
33
7.
6.
Iowa
veterans
home.
34
8.
7.
Department
of
education.
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9.
8.
Department
of
workforce
development.
1
10.
9.
Department
of
natural
resources.
2
11.
10.
Offices
of
the
clerks
of
the
district
court
of
the
3
judicial
branch.
4
12.
11.
The
Iowa
public
employees’
retirement
system.
5
13.
12.
Federal
financial
assistance,
as
defined
in
the
6
federal
Single
Audit
Act,
31
U.S.C.
§7501,
et
seq.,
received
by
7
all
other
departments.
8
14.
13.
Department
of
administrative
services.
9
15.
14.
Office
of
the
chief
information
officer
of
the
10
department
of
management.
11
Sec.
16.
Section
11.6,
subsection
1,
paragraph
b,
Code
2023,
12
is
amended
to
read
as
follows:
13
b.
The
financial
condition
and
transactions
of
community
14
mental
health
centers
organized
under
chapter
230A
,
substance
15
abuse
use
disorder
programs
organized
under
chapter
125
,
and
16
community
action
agencies
organized
under
chapter
216A
,
shall
17
be
audited
at
least
once
each
year.
18
Sec.
17.
Section
12.10,
Code
2023,
is
amended
to
read
as
19
follows:
20
12.10
Deposits
by
state
officers.
21
Except
as
otherwise
provided,
all
elective
and
appointive
22
state
officers,
boards,
commissions,
and
departments
shall,
23
within
ten
days
succeeding
the
collection,
deposit
with
the
24
treasurer
of
state,
or
to
the
credit
of
the
treasurer
of
state
25
in
any
depository
designated
by
the
treasurer
of
state,
ninety
26
percent
of
all
fees,
commissions,
and
moneys
collected
or
27
received.
The
balance
actually
collected
in
cash,
remaining
28
in
the
hands
of
any
officer,
board,
or
department
shall
not
29
exceed
the
sum
of
five
thousand
dollars
and
money
collected
30
shall
not
be
held
more
than
thirty
days.
This
section
does
not
31
apply
to
the
state
fair
board,
the
state
board
of
regents,
the
32
utilities
board
of
the
department
of
commerce,
the
director
of
33
the
department
of
health
and
human
services,
the
Iowa
finance
34
authority
,
or
to
the
funds
received
by
the
state
racing
and
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gaming
commission
under
sections
99D.7
and
99D.14
.
1
Sec.
18.
Section
12E.3A,
subsection
1,
Code
2023,
is
amended
2
to
read
as
follows:
3
1.
The
general
assembly
reaffirms
and
reenacts
the
purposes
4
stated
for
the
use
of
moneys
deposited
in
the
healthy
Iowans
5
tobacco
trust,
as
the
purposes
were
enacted
in
2000
Iowa
Acts,
6
ch.
1232,
§12,
and
codified
in
section
12.65
,
Code
2007,
as
7
the
purposes
for
the
endowment
for
Iowa’s
health
account.
8
The
purposes
include
those
purposes
related
to
health
care,
9
substance
abuse
use
disorder
treatment
and
enforcement,
tobacco
10
use
prevention
and
control,
and
other
purposes
related
to
the
11
needs
of
children,
adults,
and
families
in
the
state.
12
Sec.
19.
Section
15.102,
subsection
12,
paragraph
b,
13
subparagraph
(1),
subparagraph
division
(d),
Code
2023,
is
14
amended
to
read
as
follows:
15
(d)
Psychoactive
substance
abuse
use
disorders
resulting
16
from
current
illegal
use
of
drugs.
17
Sec.
20.
Section
15H.1A,
Code
2023,
is
amended
to
read
as
18
follows:
19
15H.1A
Definitions.
20
For
purposes
of
this
chapter
,
unless
the
context
otherwise
21
requires:
22
1.
“Authority”
means
the
economic
development
authority
23
created
in
section
15.105
.
24
2.
1.
“Commission”
means
the
Iowa
commission
on
volunteer
25
service
created
in
section
15H.2
.
26
2.
“Department”
means
the
department
of
health
and
human
27
services.
28
3.
“Director”
means
the
director
of
the
authority
health
and
29
human
services
.
30
Sec.
21.
Section
15H.2,
subsection
1,
Code
2023,
is
amended
31
to
read
as
follows:
32
1.
The
Iowa
commission
on
volunteer
service
is
created
33
within
the
authority
department
.
The
governor
shall
appoint
34
the
commission’s
members.
The
director
may
employ
personnel
35
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as
necessary
to
carry
out
the
duties
and
responsibilities
of
1
the
commission.
2
Sec.
22.
Section
15H.2,
subsection
3,
paragraph
i,
Code
3
2023,
is
amended
to
read
as
follows:
4
i.
Administer
the
retired
and
senior
volunteer
program.
5
Sec.
23.
Section
15H.4,
subsection
1,
Code
2023,
is
amended
6
to
read
as
follows:
7
1.
The
authority
department
shall
serve
as
the
lead
agency
8
for
administration
of
the
commission.
The
authority
department
9
may
consult
with
the
department
of
education,
the
state
board
10
of
regents,
and
the
department
of
workforce
development
for
any
11
additional
administrative
support
as
necessary
to
fulfill
the
12
duties
of
the
commission.
All
other
state
agencies,
at
the
13
request
of
the
authority
department
,
shall
provide
assistance
14
to
the
commission
to
ensure
a
fully
coordinated
state
effort
15
for
promoting
national
and
community
service.
16
Sec.
24.
Section
15H.5,
subsection
5,
paragraph
a,
Code
17
2023,
is
amended
to
read
as
follows:
18
a.
Funding
for
the
Iowa
summer
youth
corps
program,
the
19
Iowa
green
corps
program
established
pursuant
to
section
20
15H.6
,
the
Iowa
reading
corps
program
established
pursuant
to
21
section
15H.7
,
the
RefugeeRISE
AmeriCorps
program
established
22
pursuant
to
section
15H.8
,
and
the
Iowa
national
service
23
corps
program
established
pursuant
to
section
15H.9
shall
be
24
obtained
from
private
sector,
and
local,
state,
and
federal
25
government
sources,
or
from
other
available
funds
credited
26
to
the
community
programs
account,
which
shall
be
created
27
within
the
economic
development
authority
department
under
the
28
authority
of
the
commission.
Moneys
available
in
the
account
29
for
a
fiscal
year
are
appropriated
to
the
commission
to
be
30
used
for
the
programs.
The
commission
may
establish
an
escrow
31
account
within
the
authority
department
and
obligate
moneys
32
within
that
escrow
account
for
tuition
or
program
payments
to
33
be
made
beyond
the
term
of
any
fiscal
year.
Notwithstanding
34
section
12C.7,
subsection
2
,
interest
earned
on
moneys
in
the
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community
programs
account
shall
be
credited
to
the
account.
1
Notwithstanding
section
8.33
,
moneys
in
the
community
programs
2
account
or
escrow
account
shall
not
revert
to
the
general
fund
3
but
shall
remain
available
for
expenditure
in
future
fiscal
4
years.
5
Sec.
25.
Section
15H.8,
Code
2023,
is
amended
to
read
as
6
follows:
7
15H.8
RefugeeRISE
AmeriCorps
program.
8
1.
a.
The
commission,
in
collaboration
with
the
department
9
of
human
services
,
shall
establish
a
Refugee
Rebuild,
10
Integrate,
Serve,
Empower
(RefugeeRISE)
AmeriCorps
program
11
to
increase
community
integration
and
engagement
for
diverse
12
refugee
communities
in
rural
and
urban
areas
across
the
state.
13
b.
The
commission,
in
collaboration
with
the
department
14
of
human
services
,
may
adopt
rules
pursuant
to
chapter
17A
to
15
implement
and
administer
this
section
.
16
2.
The
commission
may
use
moneys
in
and
lawfully
available
17
to
the
community
programs
account
created
in
section
15H.5
to
18
fund
the
program.
19
3.
The
commission
shall
submit
an
annual
report
to
the
20
general
assembly
and
the
department
of
human
services
relating
21
to
the
efficacy
of
the
program.
22
Sec.
26.
Section
15H.10,
subsection
6,
Code
2023,
is
amended
23
to
read
as
follows:
24
6.
Notwithstanding
section
8.33
,
moneys
appropriated
to
25
the
economic
development
authority
department
for
allocation
26
to
the
commission
for
purposes
of
this
section
that
remain
27
unencumbered
or
unobligated
at
the
close
of
a
fiscal
year
28
shall
not
revert
but
shall
remain
available
to
be
used
for
the
29
purposes
designated
in
this
section
until
the
close
of
the
30
succeeding
fiscal
year.
31
Sec.
27.
Section
16.2D,
subsection
1,
Code
2023,
is
amended
32
to
read
as
follows:
33
1.
A
council
on
homelessness
is
created
consisting
of
twenty
34
members,
eleven
of
whom
are
voting
members
and
nine
of
whom
are
35
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nonvoting
members
.
At
all
times,
at
least
one
voting
member
1
shall
be
a
member
of
a
minority
group.
2
Sec.
28.
Section
16.2D,
subsection
2,
paragraph
b,
Code
3
2023,
is
amended
to
read
as
follows:
4
b.
Nine
nonvoting
Nonvoting
agency
director
members
5
consisting
of
all
of
the
following:
6
(1)
The
director
of
the
department
of
education
or
the
7
director’s
designee.
8
(2)
The
director
of
health
and
human
services
or
the
9
director’s
designee.
10
(3)
The
attorney
general
or
the
attorney
general’s
11
designee.
12
(4)
The
director
of
public
health
or
the
director’s
13
designee.
14
(5)
The
director
of
the
department
on
aging
or
the
15
director’s
designee.
16
(6)
(4)
The
director
of
the
department
of
corrections
or
17
the
director’s
designee.
18
(7)
(5)
The
director
of
the
department
of
workforce
19
development
or
the
director’s
designee.
20
(8)
(6)
The
executive
director
of
the
Iowa
finance
21
authority
or
the
executive
director’s
designee.
22
(9)
(7)
The
director
of
the
department
of
veterans
affairs
23
or
the
director’s
designee.
24
Sec.
29.
Section
16.3,
subsection
9,
Code
2023,
is
amended
25
to
read
as
follows:
26
9.
The
interest
costs
paid
by
group
homes
of
fifteen
beds
or
27
less
licensed
as
health
care
facilities
or
child
foster
care
28
facilities
for
facility
acquisition
and
indirectly
reimbursed
29
by
the
department
of
health
and
human
services
through
payments
30
for
patients
at
those
facilities
who
are
recipients
of
medical
31
assistance
or
state
supplementary
assistance
are
severe
drains
32
on
the
state’s
budget.
A
reduction
in
these
costs
obtained
33
through
financing
with
tax-exempt
revenue
bonds
would
clearly
34
be
in
the
public
interest.
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Sec.
30.
Section
16.47,
subsection
3,
Code
2023,
is
amended
1
to
read
as
follows:
2
3.
The
authority,
in
cooperation
with
the
department
on
3
aging
of
health
and
human
services
,
shall
annually
allocate
4
moneys
available
in
the
home
and
community-based
services
5
revolving
loan
program
fund
to
develop
and
expand
facilities
6
and
infrastructure
that
provide
adult
day
services,
respite
7
services,
congregate
meals,
and
programming
space
for
health
8
and
wellness,
health
screening,
and
nutritional
assessments
9
that
address
the
needs
of
persons
with
low
incomes.
10
Sec.
31.
Section
16.48,
subsections
1
and
3,
Code
2023,
are
11
amended
to
read
as
follows:
12
1.
A
transitional
housing
revolving
loan
program
fund
is
13
created
within
the
authority
to
further
the
availability
of
14
affordable
housing
for
parents
that
are
reuniting
with
their
15
children
while
completing
or
participating
in
substance
abuse
16
use
disorder
treatment.
The
moneys
in
the
fund
are
annually
17
appropriated
to
the
authority
to
be
used
for
the
development
18
and
operation
of
a
revolving
loan
program
to
provide
financing
19
to
construct
affordable
transitional
housing,
including
through
20
new
construction
or
acquisition
and
rehabilitation
of
existing
21
housing.
The
housing
provided
shall
be
geographically
located
22
in
close
proximity
to
licensed
substance
abuse
use
disorder
23
treatment
programs.
Preference
in
funding
shall
be
given
to
24
projects
that
reunite
mothers
with
the
mothers’
children.
25
3.
The
authority
shall
annually
allocate
moneys
available
26
in
the
transitional
housing
revolving
loan
program
fund
for
the
27
development
of
affordable
transitional
housing
for
parents
that
28
are
reuniting
with
the
parents’
children
while
completing
or
29
participating
in
substance
abuse
use
disorder
treatment.
The
30
authority
shall
develop
a
joint
application
process
for
the
31
allocation
of
federal
low-income
housing
tax
credits
and
the
32
funds
available
under
this
section
.
Moneys
allocated
to
such
33
projects
may
be
in
the
form
of
loans,
grants,
or
a
combination
34
of
loans
and
grants.
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Sec.
32.
Section
16.49,
subsection
4,
Code
2023,
is
amended
1
to
read
as
follows:
2
4.
a.
A
project
shall
demonstrate
written
approval
of
the
3
project
by
the
department
of
health
and
human
services
to
the
4
authority
prior
to
application
for
funding
under
this
section
.
5
b.
In
order
to
be
approved
by
the
department
of
health
and
6
human
services
for
application
for
funding
for
development
of
7
permanent
supportive
housing
under
this
section
,
a
project
8
shall
include
all
of
the
following
components:
9
(1)
Provision
of
services
to
any
of
the
following
Medicaid
10
waiver-eligible
individuals:
11
(a)
Individuals
who
are
currently
underserved
in
community
12
placements,
including
individuals
who
are
physically
aggressive
13
or
have
behaviors
that
are
difficult
to
manage
or
individuals
14
who
meet
the
psychiatric
medical
institution
for
children
level
15
of
care.
16
(b)
Individuals
who
are
currently
residing
in
out-of-state
17
facilities.
18
(c)
Individuals
who
are
currently
receiving
care
in
a
19
licensed
health
care
facility.
20
(2)
A
plan
to
provide
each
individual
with
crisis
21
stabilization
services
to
ensure
that
the
individual’s
22
behavioral
issues
are
appropriately
addressed
by
the
provider.
23
(3)
Policies
and
procedures
that
prohibit
discharge
of
the
24
individual
from
the
waiver
services
provided
by
the
project
25
provider
unless
an
alternative
placement
that
is
acceptable
to
26
the
client
or
the
client’s
guardian
is
identified.
27
c.
In
order
to
be
approved
by
the
department
of
health
and
28
human
services
for
application
for
funding
for
development
of
29
infrastructure
in
which
to
provide
supportive
services
under
30
this
section
,
a
project
shall
include
all
of
the
following
31
components:
32
(1)
Provision
of
services
to
Medicaid
waiver-eligible
33
individuals
who
meet
the
psychiatric
medical
institution
for
34
children
level
of
care.
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(2)
Policies
and
procedures
that
prohibit
discharge
of
the
1
individual
from
the
waiver
services
provided
by
the
project
2
provider
unless
an
alternative
placement
that
is
acceptable
to
3
the
client
or
the
client’s
guardian
is
identified.
4
d.
Housing
provided
through
a
project
under
this
section
is
5
exempt
from
the
requirements
of
chapter
135O
.
6
Sec.
33.
Section
22.7,
subsections
2,
16,
35,
61,
and
62,
7
Code
2023,
are
amended
to
read
as
follows:
8
2.
Hospital
records,
medical
records,
and
professional
9
counselor
records
of
the
condition,
diagnosis,
care,
or
10
treatment
of
a
patient
or
former
patient
or
a
counselee
or
11
former
counselee,
including
outpatient.
However,
confidential
12
communications
between
a
crime
victim
and
the
victim’s
13
counselor
are
not
subject
to
disclosure
except
as
provided
in
14
section
915.20A
.
However,
the
Iowa
department
of
public
health
15
and
human
services
shall
adopt
rules
which
provide
for
the
16
sharing
of
information
among
agencies
and
providers
concerning
17
the
maternal
and
child
health
program
including
but
not
limited
18
to
the
statewide
child
immunization
information
system,
while
19
maintaining
an
individual’s
confidentiality.
20
16.
Information
in
a
report
to
the
Iowa
department
of
public
21
health
and
human
services
,
to
a
local
board
of
health,
or
to
22
a
local
health
department,
which
identifies
a
person
infected
23
with
a
reportable
disease.
24
35.
Records
of
the
Iowa
department
of
public
health
and
25
human
services
pertaining
to
participants
in
the
gambling
26
treatment
program
except
as
otherwise
provided
in
this
chapter
.
27
61.
Records
of
the
department
on
aging
of
health
and
human
28
services
pertaining
to
clients
served
by
the
state
office
or
a
29
local
office
of
public
guardian
as
defined
in
section
231E.3
.
30
62.
Records
maintained
by
the
department
on
aging
of
health
31
and
human
services
or
office
of
long-term
care
ombudsman
that
32
disclose
the
identity
of
a
complainant,
resident,
tenant,
or
33
individual
receiving
services
provided
by
the
department
on
34
aging
of
health
and
human
services
,
an
area
agency
on
aging,
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or
the
office
of
long-term
care
ombudsman,
unless
disclosure
1
is
otherwise
allowed
under
section
231.42,
subsection
12
,
2
paragraph
“a”
.
3
Sec.
34.
Section
23A.2,
subsection
10,
paragraph
l,
4
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
5
follows:
6
The
offering
of
goods
and
services
to
the
public
as
part
7
of
a
client
training
program
operated
by
a
state
resource
8
center
under
the
control
of
the
department
of
health
and
human
9
services
provided
that
all
of
the
following
conditions
are
met:
10
Sec.
35.
Section
23A.2,
subsection
10,
paragraph
l,
11
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
12
(1)
Any
off-campus
vocational
or
employment
training
13
program
developed
or
operated
by
the
department
of
health
and
14
human
services
for
clients
of
a
state
resource
center
is
a
15
supported
vocational
training
program
or
a
supported
employment
16
program
offered
by
a
community-based
provider
of
services
or
17
other
employer
in
the
community.
18
Sec.
36.
Section
28M.1,
subsection
7,
Code
2023,
is
amended
19
to
read
as
follows:
20
7.
“Transportation”
means
the
movement
of
individuals
in
21
a
four
or
more
wheeled
motorized
vehicle
designed
to
carry
22
passengers,
including
a
car,
van,
or
bus,
or
the
carrying
23
of
individuals
upon
cars
operated
upon
stationary
rails,
24
between
one
geographic
point
and
another
geographic
point.
25
“Transportation”
does
not
include
emergency
or
incidental
26
transportation
or
transportation
conducted
by
the
department
of
27
health
and
human
services
at
its
institutions.
28
Sec.
37.
Section
35A.5,
subsection
5,
paragraph
a,
Code
29
2023,
is
amended
to
read
as
follows:
30
a.
Coordinate
with
United
States
department
of
veterans
31
affairs
hospitals,
health
care
facilities,
and
clinics
in
this
32
state
and
the
department
of
public
health
and
human
services
33
to
provide
assistance
to
veterans
and
their
families
to
reduce
34
the
incidence
of
alcohol
and
chemical
dependency
and
suicide
35
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among
veterans
and
to
make
mental
health
counseling
available
1
to
veterans.
2
Sec.
38.
Section
35D.14A,
Code
2023,
is
amended
to
read
as
3
follows:
4
35D.14A
Volunteer
record
checks.
5
1.
Persons
who
are
potential
volunteers
or
volunteers
in
6
the
Iowa
veterans
home
in
a
position
having
direct
individual
7
contact
with
patients
or
residents
of
the
home
shall
be
subject
8
to
criminal
history
and
child
and
dependent
adult
abuse
record
9
checks
in
accordance
with
this
section
.
The
Iowa
veterans
home
10
shall
request
that
the
department
of
public
safety
perform
the
11
criminal
history
check
and
the
record
check
evaluation
system
12
of
the
department
of
health
and
human
services
perform
child
13
and
dependent
adult
abuse
record
checks
of
the
person
in
this
14
state
and
may
request
these
checks
in
other
states.
15
2.
a.
If
it
is
determined
that
a
person
has
been
convicted
16
of
a
crime
under
a
law
of
any
state
or
has
a
record
of
17
founded
child
or
dependent
adult
abuse,
the
person
shall
not
18
participate
as
a
volunteer
with
direct
individual
contact
19
with
patients
or
residents
of
the
Iowa
veterans
home
unless
20
an
evaluation
has
been
performed
by
the
department
of
human
21
services
record
check
evaluation
system
to
determine
whether
22
the
crime
or
founded
child
or
dependent
adult
abuse
warrants
23
prohibition
of
the
person’s
participation
as
a
volunteer
in
the
24
Iowa
veterans
home.
The
department
of
human
services
record
25
check
evaluation
system
shall
perform
such
evaluation
upon
the
26
request
of
the
Iowa
veterans
home.
27
b.
In
an
evaluation,
the
department
of
human
services
28
record
check
evaluation
system
shall
consider
the
nature
and
29
seriousness
of
the
crime
or
founded
child
or
dependent
adult
30
abuse
in
relation
to
the
position
sought
or
held,
the
time
31
elapsed
since
the
commission
of
the
crime
or
founded
child
or
32
dependent
adult
abuse,
the
circumstances
under
which
the
crime
33
or
founded
child
or
dependent
adult
abuse
was
committed,
the
34
degree
of
rehabilitation,
the
likelihood
that
the
person
will
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commit
the
crime
or
founded
child
or
dependent
adult
abuse
1
again,
and
the
number
of
crimes
or
founded
child
or
dependent
2
adult
abuses
committed
by
the
person
involved.
3
c.
If
the
department
of
human
services
record
check
4
evaluation
system
performs
an
evaluation
for
the
purposes
of
5
this
section
,
the
department
of
human
services
record
check
6
evaluation
system
has
final
authority
in
determining
whether
7
prohibition
of
the
person’s
participation
as
a
volunteer
is
8
warranted.
The
department
of
human
services
record
check
9
evaluation
system
may
permit
a
person
who
is
evaluated
to
10
participate
as
a
volunteer
if
the
person
complies
with
the
11
department’s
record
check
evaluation
system’s
conditions
12
relating
to
participation
as
a
volunteer
which
may
include
13
completion
of
additional
training.
14
Sec.
39.
Section
47.7,
subsection
2,
paragraph
a,
Code
2023,
15
is
amended
to
read
as
follows:
16
a.
On
or
before
January
1,
2006,
the
state
registrar
of
17
voters
shall
implement
in
a
uniform
and
nondiscriminatory
18
manner,
a
single,
uniform,
official,
centralized,
interactive
19
computerized
statewide
voter
registration
file
defined,
20
maintained,
and
administered
at
the
state
level
that
contains
21
the
name
and
registration
information
of
every
legally
22
registered
voter
in
the
state
and
assigns
a
unique
identifier
23
to
each
legally
registered
voter
in
the
state.
The
state
voter
24
registration
system
shall
be
coordinated
with
other
agency
25
databases
within
the
state,
including,
but
not
limited
to,
26
state
department
of
transportation
driver’s
license
records,
27
judicial
records
of
convicted
felons
and
persons
declared
28
incompetent
to
vote,
and
Iowa
department
of
public
health
and
29
human
services
records
of
deceased
persons.
30
Sec.
40.
Section
48A.19,
subsection
1,
Code
2023,
is
amended
31
to
read
as
follows:
32
1.
The
following
state
agencies
are
responsible
for
voter
33
registration:
34
a.
All
state
offices
that
have
direct
client
contact
and
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provide
applications
for
public
assistance,
including
but
not
1
limited
to
offices
administering
the
following
programs:
2
(1)
Food
stamps
The
supplemental
nutrition
assistance
3
program
.
4
(2)
Medical
The
medical
assistance
program
under
chapter
5
249A
.
6
(3)
Iowa
The
Iowa
family
investment
program.
7
(4)
Special
The
special
supplemental
nutrition
program
for
8
women,
infants,
and
children.
9
b.
(1)
All
offices
that
provide
state-funded
programs
10
primarily
engaged
in
providing
services
to
persons
with
11
disabilities,
including
but
not
limited
to
all
of
the
12
following:
13
(a)
Department
for
the
blind.
14
(b)
Division
of
vocational
rehabilitation
services
of
the
15
department
of
education
workforce
development
.
16
(c)
Office
of
deaf
services
of
the
department
of
health
and
17
human
rights
services
or
its
successor
agency.
18
(d)
Office
of
persons
with
disabilities
of
the
department
of
19
health
and
human
rights
services
or
its
successor
agency.
20
(2)
An
agency
designated
a
voter
registration
agency
21
under
this
paragraph
which
provides
services
to
persons
with
22
disabilities
in
their
homes
shall
provide
voter
registration
23
services
at
the
clients’
homes.
24
c.
Other
federal
and
state
agencies
designated
to
provide
25
voter
registration
services
include,
but
are
not
limited
to,
26
the
United
States
armed
forces
recruiting
offices.
27
Sec.
41.
Section
48A.31,
Code
2023,
is
amended
to
read
as
28
follows:
29
48A.31
Deceased
persons
record.
30
The
state
registrar
of
vital
statistics
shall
transmit
31
or
cause
to
be
transmitted
to
the
state
registrar
of
voters,
32
once
each
calendar
quarter,
a
certified
list
of
all
persons
33
seventeen
years
of
age
and
older
in
the
state
whose
deaths
have
34
been
reported
to
the
bureau
state
registrar
of
vital
records
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of
the
Iowa
department
of
public
health
statistics
since
the
1
previous
list
of
decedents
was
certified
to
the
state
registrar
2
of
voters.
The
list
shall
be
submitted
according
to
the
3
specifications
of
the
state
registrar
of
voters
and
shall
be
4
transmitted
to
the
state
registrar
of
voters
without
charge
5
for
production
or
transmission.
The
commissioner
shall,
in
6
the
month
following
the
end
of
a
calendar
quarter,
run
the
7
statewide
voter
registration
system’s
matching
program
to
8
determine
whether
a
listed
decedent
was
registered
to
vote
in
9
the
county
and
shall
immediately
cancel
the
registration
of
any
10
person
named
on
the
list
of
decedents.
11
Sec.
42.
Section
68B.2,
subsection
23,
Code
2023,
is
amended
12
to
read
as
follows:
13
23.
“Regulatory
agency”
means
the
department
of
agriculture
14
and
land
stewardship,
department
of
workforce
development,
15
department
of
commerce,
Iowa
department
of
public
health,
16
department
of
public
safety,
department
of
education,
state
17
board
of
regents,
department
of
health
and
human
services,
18
department
of
revenue,
department
of
inspections
and
appeals,
19
department
of
administrative
services,
public
employment
20
relations
board,
state
department
of
transportation,
civil
21
rights
commission,
department
of
public
defense,
department
of
22
homeland
security
and
emergency
management,
Iowa
ethics
and
23
campaign
disclosure
board,
and
department
of
natural
resources.
24
Sec.
43.
Section
80.9B,
subsections
3
and
7,
Code
2023,
are
25
amended
to
read
as
follows:
26
3.
The
provisions
of
chapter
141A
also
do
not
apply
to
27
the
transmission
of
the
same
information
from
either
or
28
both
information
systems
to
employees
of
state
correctional
29
institutions
subject
to
the
jurisdiction
of
the
department
30
of
corrections,
employees
of
secure
facilities
for
juveniles
31
subject
to
the
jurisdiction
of
the
department
of
health
and
32
human
services,
and
employees
of
city
and
county
jails,
if
33
those
employees
have
direct
physical
supervision
over
inmates
34
of
those
facilities
or
institutions.
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7.
The
commissioner
shall
develop
and
establish,
in
1
cooperation
with
the
department
of
corrections
and
the
2
department
of
public
health
and
human
services
,
training
3
programs
and
program
criteria
for
persons
receiving
human
4
immunodeficiency
virus-related
information
through
the
Iowa
5
criminal
justice
information
system
or
the
national
crime
6
information
center
system.
7
Sec.
44.
Section
80.28,
subsection
2,
paragraph
a,
8
subparagraph
(6),
Code
2023,
is
amended
to
read
as
follows:
9
(6)
One
member
representing
the
Iowa
department
of
public
10
health
and
human
services
.
11
Sec.
45.
Section
80B.11C,
Code
2023,
is
amended
to
read
as
12
follows:
13
80B.11C
Public
safety
telecommunicator
training
standards.
14
The
director
of
the
academy,
subject
to
the
approval
of
15
the
council,
in
consultation
with
the
Iowa
state
sheriffs’
16
and
deputies’
association,
the
Iowa
police
executive
forum,
17
the
Iowa
peace
officers
association,
the
Iowa
state
police
18
association,
the
Iowa
professional
fire
fighters,
the
Iowa
19
emergency
medical
services
association,
the
joint
council
of
20
Iowa
fire
service
organizations,
the
Iowa
department
of
public
21
safety,
the
Iowa
chapter
of
the
association
of
public-safety
22
communications
officials——international,
inc.,
the
Iowa
chapter
23
of
the
national
emergency
number
association,
the
department
24
of
homeland
security
and
emergency
management,
and
the
Iowa
25
department
of
public
health
and
human
services
,
shall
adopt
26
rules
pursuant
to
chapter
17A
establishing
minimum
standards
27
for
training
of
public
safety
telecommunicators.
“Public
28
safety
telecommunicator”
means
a
person
who
serves
as
a
first
29
responder
by
receiving
requests
for,
or
by
dispatching
requests
30
to,
emergency
response
agencies
which
include
but
are
not
31
limited
to
law
enforcement,
fire,
rescue,
and
emergency
medical
32
services
agencies.
33
Sec.
46.
Section
80E.2,
Code
2023,
is
amended
to
read
as
34
follows:
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80E.2
Drug
policy
advisory
council
——
membership
——
duties.
1
1.
An
Iowa
drug
policy
advisory
council
is
established
which
2
shall
consist
of
the
following
seventeen
members:
3
a.
The
drug
policy
coordinator
director
,
who
shall
serve
as
4
chairperson
of
the
council.
5
b.
The
director
of
the
department
of
corrections,
or
the
6
director’s
designee.
7
c.
The
director
of
the
department
of
education,
or
the
8
director’s
designee.
9
d.
The
director
of
the
department
of
public
health
and
human
10
services
,
or
the
director’s
designee.
11
e.
The
commissioner
of
public
safety,
or
the
commissioner’s
12
designee.
13
f.
The
director
of
the
department
of
human
services,
or
the
14
director’s
designee.
15
g.
The
director
of
the
division
of
criminal
and
juvenile
16
justice
planning
in
the
department
of
human
rights,
or
the
17
division
director’s
designee.
18
h.
f.
The
state
public
defender,
or
the
state
public
19
defender’s
designee.
20
i.
g.
A
prosecuting
attorney.
21
j.
h.
A
certified
alcohol
and
drug
counselor.
22
k.
i.
A
certified
substance
abuse
use
disorder
prevention
23
specialist.
24
l.
j.
A
substance
use
disorder
treatment
program
director.
25
m.
k.
A
justice
of
the
Iowa
supreme
court,
or
judge,
as
26
designated
by
the
chief
justice
of
the
supreme
court.
27
n.
l.
A
member
representing
the
Iowa
peace
officers
28
association.
29
o.
m.
A
member
representing
the
Iowa
state
police
30
association.
31
p.
n.
A
member
representing
the
Iowa
state
sheriffs’
and
32
deputies’
association.
33
q.
o.
A
police
chief.
34
2.
The
prosecuting
attorney,
certified
alcohol
and
drug
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counselor,
certified
substance
abuse
use
disorder
prevention
1
specialist,
substance
use
disorder
treatment
program
director,
2
member
representing
the
Iowa
peace
officers
association,
3
member
representing
the
Iowa
state
police
association,
the
4
member
representing
the
Iowa
state
sheriffs’
and
deputies’
5
association,
and
the
member
who
is
a
police
chief
shall
be
6
appointed
by
the
governor,
subject
to
senate
confirmation,
for
7
four-year
terms
beginning
and
ending
as
provided
in
section
8
69.19
.
A
vacancy
on
the
council
shall
be
filled
for
the
9
unexpired
term
in
the
same
manner
as
the
original
appointment
10
was
made.
11
3.
The
council
shall
make
policy
recommendations
to
12
the
appropriate
departments
concerning
the
administration,
13
development,
and
coordination
of
programs
related
to
substance
14
abuse
use
disorder
education,
prevention,
treatment,
and
15
enforcement.
16
4.
The
members
of
the
council
shall
be
reimbursed
for
actual
17
and
necessary
travel
and
related
expenses
incurred
in
the
18
discharge
of
official
duties.
Each
member
of
the
council
may
19
also
be
eligible
to
receive
compensation
as
provided
in
section
20
7E.6
.
21
5.
The
council
shall
meet
at
least
semiannually
throughout
22
the
year.
23
6.
A
majority
of
the
members
of
the
council
constitutes
a
24
quorum,
and
a
majority
of
the
total
membership
of
the
council
25
is
necessary
to
act
in
any
matter
within
the
jurisdiction
of
26
the
council.
27
Sec.
47.
Section
84A.1A,
subsection
1,
paragraph
b,
Code
28
2023,
is
amended
to
read
as
follows:
29
b.
The
nonvoting
members
of
the
Iowa
workforce
development
30
board
shall
include
the
following:
31
(1)
One
state
senator
appointed
by
the
minority
leader
of
32
the
senate,
who
shall
serve
for
a
term
as
provided
in
section
33
69.16B
.
34
(2)
One
state
representative
appointed
by
the
minority
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leader
of
the
house
of
representatives,
who
shall
serve
for
a
1
term
as
provided
in
section
69.16B
.
2
(3)
One
president,
or
the
president’s
designee,
of
the
3
university
of
northern
Iowa,
the
university
of
Iowa,
or
Iowa
4
state
university
of
science
and
technology,
designated
by
the
5
state
board
of
regents
on
a
rotating
basis.
6
(4)
One
president,
or
the
president’s
designee,
of
an
7
independent
Iowa
college,
appointed
by
the
Iowa
association
of
8
independent
colleges
and
universities.
9
(5)
One
president
or
president’s
designee,
of
a
community
10
college,
appointed
by
the
Iowa
association
of
community
college
11
presidents.
12
(6)
One
representative
of
the
economic
development
13
authority,
appointed
by
the
director.
14
(7)
One
representative
of
the
department
on
aging,
15
appointed
by
the
director.
16
(8)
(7)
One
representative
of
the
department
of
17
corrections,
appointed
by
the
director.
18
(9)
(8)
One
representative
of
the
department
of
health
and
19
human
services,
appointed
by
the
director.
20
(10)
(9)
One
representative
of
the
United
States
department
21
of
labor,
office
of
apprenticeship.
22
(11)
(10)
One
representative
from
the
largest
statewide
23
public
employees’
organization
representing
state
employees.
24
(12)
(11)
One
representative
of
a
statewide
labor
25
organization
representing
employees
in
the
construction
26
industry.
27
(13)
(12)
One
representative
of
a
statewide
labor
28
organization
representing
employees
in
the
manufacturing
29
industry.
30
Sec.
48.
Section
84A.6,
subsections
2
and
3,
Code
2023,
are
31
amended
to
read
as
follows:
32
2.
a.
The
director
of
the
department
of
workforce
33
development,
in
cooperation
with
the
department
of
health
34
and
human
services,
shall
provide
job
placement
and
training
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to
persons
referred
by
the
department
of
health
and
human
1
services
under
the
promoting
independence
and
self-sufficiency
2
through
employment
job
opportunities
and
basic
skills
program
3
established
pursuant
to
chapter
239B
and
the
food
stamp
4
supplemental
nutrition
assistance
program
employment
and
5
training
program.
6
b.
The
department
of
workforce
development,
in
consultation
7
with
the
department
of
health
and
human
services,
shall
develop
8
and
implement
departmental
recruitment
and
employment
practices
9
that
address
the
needs
of
former
and
current
participants
in
10
the
family
investment
program
under
chapter
239B
.
11
3.
The
director
of
the
department
of
workforce
development,
12
in
cooperation
with
the
department
of
health
and
human
rights
13
services
and
the
vocational
rehabilitation
services
division
14
of
the
department
of
education
workforce
development
,
shall
15
establish
a
program
to
provide
job
placement
and
training
to
16
persons
with
disabilities.
17
Sec.
49.
Section
84A.9,
Code
2023,
is
amended
to
read
as
18
follows:
19
84A.9
Statewide
mentoring
program.
20
A
statewide
mentoring
program
is
established
to
recruit,
21
screen,
train,
and
match
individuals
in
a
mentoring
22
relationship.
The
department
of
workforce
development
shall
23
administer
the
program
in
collaboration
with
the
departments
24
of
health
and
human
services
,
and
education
,
and
human
rights
.
25
The
availability
of
the
program
is
subject
to
the
funding
26
appropriated
for
the
purposes
of
the
program.
27
Sec.
50.
Section
84A.11,
subsection
2,
Code
2023,
is
amended
28
to
read
as
follows:
29
2.
The
department
of
workforce
development
shall
consult
30
with
the
board
of
nursing,
the
department
of
public
health
31
and
human
services
,
the
department
of
education,
and
other
32
appropriate
entities
in
developing
recommendations
to
determine
33
options
for
additional
data
collection.
34
Sec.
51.
Section
84B.1,
Code
2023,
is
amended
to
read
as
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follows:
1
84B.1
Workforce
development
system.
2
The
departments
of
workforce
development,
education,
3
health
and
human
services,
and
corrections,
the
economic
4
development
authority,
the
department
on
aging,
the
division
5
of
Iowa
vocational
rehabilitation
services
of
the
department
6
of
education
workforce
development
,
and
the
department
for
7
the
blind
shall
collaborate
where
possible
under
applicable
8
state
and
federal
law
to
align
workforce
development
programs,
9
services,
and
activities
in
an
integrated
workforce
development
10
system
in
the
state
and
in
each
local
workforce
development
11
area
that
is
data
driven
and
responsive
to
the
needs
of
12
workers,
job
seekers,
and
employers.
The
departments,
13
authority,
and
division
shall
also
jointly
establish
an
14
integrated
management
information
system
for
linking
workforce
15
development
programs
within
local
workforce
development
systems
16
and
in
the
state.
17
Sec.
52.
Section
84B.2,
unnumbered
paragraph
1,
Code
2023,
18
is
amended
to
read
as
follows:
19
The
department
of
workforce
development,
in
consultation
20
with
the
departments
of
education,
health
and
human
services,
21
and
corrections,
the
economic
development
authority,
22
the
department
on
aging,
the
division
of
Iowa
vocational
23
rehabilitation
services
of
the
department
of
education
24
workforce
development
,
and
the
department
for
the
blind
25
shall
establish
guidelines
for
colocating
state
and
federal
26
employment
and
training
programs
in
centers
providing
services
27
at
the
local
level.
The
centers
shall
be
known
as
workforce
28
development
centers.
The
guidelines
shall
provide
for
local
29
design
and
operation
within
the
guidelines.
The
core
services
30
available
at
a
center
shall
include
but
are
not
limited
to
all
31
of
the
following:
32
Sec.
53.
Section
85.38,
subsection
4,
Code
2023,
is
amended
33
to
read
as
follows:
34
4.
Lien
for
hospital
and
medical
services
under
chapter
35
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249A
.
In
the
event
any
hospital
or
medical
services
as
provided
1
in
section
85.27
are
paid
by
the
state
department
of
health
and
2
human
services
on
behalf
of
an
employee
who
is
entitled
to
such
3
benefits
under
the
provisions
of
this
chapter
or
chapter
85A
or
4
85B
,
a
lien
shall
exist
as
respects
the
right
of
such
employee
5
to
benefits
as
described
in
section
85.27
.
6
Sec.
54.
Section
85.60,
Code
2023,
is
amended
to
read
as
7
follows:
8
85.60
Injuries
while
in
work-based
learning
opportunity,
9
employment
training,
or
evaluation.
10
A
person
participating
in
a
work-based
learning
opportunity
11
referred
to
in
section
85.61
,
or
receiving
earnings
while
12
engaged
in
employment
training
or
while
undergoing
an
13
employment
evaluation
under
the
direction
of
a
rehabilitation
14
facility
approved
for
purchase-of-service
contracts
or
for
15
referrals
by
the
department
of
health
and
human
services
or
the
16
department
of
education,
who
sustains
an
injury
arising
out
17
of
and
in
the
course
of
the
work-based
learning
opportunity
18
participation,
employment
training,
or
employment
evaluation
19
is
entitled
to
benefits
as
provided
in
this
chapter
,
chapter
20
85A
,
chapter
85B
,
and
chapter
86
.
Notwithstanding
the
minimum
21
benefit
provisions
of
this
chapter
,
a
person
referred
to
in
22
this
section
and
entitled
to
benefits
under
this
chapter
is
23
entitled
to
receive
a
minimum
weekly
benefit
amount
for
a
24
permanent
partial
disability
under
section
85.34,
subsection
25
2
,
or
for
a
permanent
total
disability
under
section
85.34,
26
subsection
3
,
equal
to
the
weekly
benefit
amount
of
a
person
27
whose
gross
weekly
earnings
are
thirty-five
percent
of
the
28
statewide
average
weekly
wage
computed
pursuant
to
section
96.3
29
and
in
effect
at
the
time
of
the
injury.
30
Sec.
55.
Section
85.61,
subsection
3,
paragraph
b,
Code
31
2023,
is
amended
to
read
as
follows:
32
b.
A
rehabilitation
facility
approved
for
33
purchase-of-service
contracts
or
for
referrals
by
the
34
department
of
health
and
human
services
or
the
department
of
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education.
1
Sec.
56.
Section
85A.11,
subsection
2,
Code
2023,
is
amended
2
to
read
as
follows:
3
2.
The
specimens
for
the
tests
required
by
this
section
4
must
be
taken
by
a
licensed
practicing
physician
or
osteopathic
5
physician,
and
immediately
delivered
to
the
state
hygienic
6
laboratory
of
the
Iowa
department
of
public
health
at
Iowa
7
City
.
Each
specimen
shall
be
in
a
container
upon
which
is
8
plainly
printed
the
name
and
address
of
the
subject,
the
date
9
when
the
specimen
was
taken,
the
name
and
address
of
the
10
subject’s
employer,
and
a
certificate
by
the
physician
or
11
osteopathic
physician
that
the
physician
took
the
specimen
12
from
the
named
subject
on
the
date
stated
over
the
physician’s
13
signature
and
address.
14
Sec.
57.
Section
85A.20,
Code
2023,
is
amended
to
read
as
15
follows:
16
85A.20
Investigation.
17
The
workers’
compensation
commissioner
may
designate
18
the
industrial
hygiene
physician
medical
director
of
the
19
Iowa
department
of
public
health
and
human
services
and
two
20
physicians
selected
by
the
dean
of
the
university
of
Iowa
21
college
of
medicine,
from
the
staff
of
the
college,
who
shall
22
be
qualified
to
diagnose
and
report
on
occupational
diseases.
23
For
the
purpose
of
investigating
occupational
diseases,
the
24
physicians
shall
have
the
use,
without
charge,
of
all
necessary
25
laboratory
and
other
facilities
of
the
university
of
Iowa
26
college
of
medicine
and
of
the
university
hospital
at
the
state
27
university
of
Iowa,
and
of
the
Iowa
department
of
public
health
28
and
human
services
in
performing
the
physicians’
duties.
29
Sec.
58.
Section
89.4,
subsection
1,
paragraph
h,
Code
2023,
30
is
amended
to
read
as
follows:
31
h.
Hot
water
heating
boilers
used
for
heating
pools
or
spas
32
regulated
by
the
department
of
public
health
and
human
services
33
pursuant
to
chapter
135I
.
34
Sec.
59.
Section
89B.17,
subsection
1,
unnumbered
paragraph
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1,
Code
2023,
is
amended
to
read
as
follows:
1
The
director
of
public
health
and
human
services
,
the
labor
2
commissioner,
and
the
director
of
the
department
of
natural
3
resources
or
the
director’s
designee
under
written
signatures
4
of
all
these
parties
may
recommend
any
of
the
following
5
actions:
6
Sec.
60.
Section
92.17,
subsection
3,
Code
2023,
is
amended
7
to
read
as
follows:
8
3.
A
child
from
working
in
any
occupation
or
business
9
operated
by
the
child’s
parents.
For
the
purposes
of
this
10
subsection
,
“child”
and
“parents”
include
a
foster
child
and
the
11
child’s
foster
parents
who
are
licensed
by
the
department
of
12
health
and
human
services.
13
Sec.
61.
Section
96.3,
subsections
9
and
11,
Code
2023,
are
14
amended
to
read
as
follows:
15
9.
Child
support
intercept.
16
a.
An
individual
filing
a
claim
for
benefits
under
section
17
96.6,
subsection
1
,
shall,
at
the
time
of
filing,
disclose
18
whether
the
individual
owes
a
child
support
obligation
which
19
is
being
enforced
by
the
child
support
recovery
unit
services
20
established
in
section
252B.2
.
If
an
individual
discloses
that
21
such
a
child
support
obligation
is
owed
and
the
individual
is
22
determined
to
be
eligible
for
benefits
under
this
chapter
,
23
the
department
shall
notify
the
child
support
recovery
unit
24
services
of
the
individual’s
disclosure
and
deduct
and
withhold
25
from
benefits
payable
to
the
individual
the
amount
specified
26
by
the
individual.
27
b.
However,
if
the
child
support
recovery
unit
services
28
and
an
individual
owing
a
child
support
obligation
reach
an
29
agreement
to
have
specified
amounts
deducted
and
withheld
from
30
the
individual’s
benefits
and
the
child
support
recovery
unit
31
services
submits
a
copy
of
the
agreement
to
the
department,
the
32
department
shall
deduct
and
withhold
the
specified
amounts.
33
c.
(1)
However,
if
the
department
is
notified
of
income
34
withholding
by
the
child
support
recovery
unit
services
under
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chapter
252D
or
section
598.22
or
598.23
or
if
income
is
1
garnisheed
by
the
child
support
recovery
unit
services
under
2
chapter
642
and
an
individual’s
benefits
are
condemned
to
the
3
satisfaction
of
the
child
support
obligation
being
enforced
by
4
the
child
support
recovery
unit
services
,
the
department
shall
5
deduct
and
withhold
from
the
individual’s
benefits
that
amount
6
required
through
legal
process.
7
(2)
Notwithstanding
section
642.2,
subsections
2,
3,
8
6,
and
7
,
which
restrict
garnishments
under
chapter
642
to
9
wages
of
public
employees,
the
department
may
be
garnisheed
10
under
chapter
642
by
the
child
support
recovery
unit
services
11
established
in
section
252B.2
,
pursuant
to
a
judgment
for
child
12
support
against
an
individual
eligible
for
benefits
under
this
13
chapter
.
14
(3)
Notwithstanding
section
96.15
,
benefits
under
this
15
chapter
are
not
exempt
from
income
withholding,
garnishment,
16
attachment,
or
execution
if
withheld
for
or
garnisheed
by
the
17
child
support
recovery
unit
services
,
established
in
section
18
252B.2
,
or
if
an
income
withholding
order
or
notice
of
the
19
income
withholding
order
under
section
598.22
or
598.23
is
20
being
enforced
by
the
child
support
recovery
unit
services
to
21
satisfy
the
child
support
obligation
of
an
individual
who
is
22
eligible
for
benefits
under
this
chapter
.
23
d.
An
amount
deducted
and
withheld
under
paragraph
“a”
,
“b”
,
24
or
“c”
shall
be
paid
by
the
department
to
the
child
support
25
recovery
unit
services
,
and
shall
be
treated
as
if
it
were
paid
26
to
the
individual
as
benefits
under
this
chapter
and
as
if
it
27
were
paid
by
the
individual
to
the
child
support
recovery
unit
28
services
in
satisfaction
of
the
individual’s
child
support
29
obligations.
30
e.
If
an
agreement
for
reimbursement
has
been
made,
the
31
department
shall
be
reimbursed
by
the
child
support
recovery
32
unit
services
for
the
administrative
costs
incurred
by
the
33
department
under
this
section
which
are
attributable
to
the
34
enforcement
of
child
support
obligations
by
the
child
support
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recovery
unit
services
.
1
11.
Overissuance
of
food
stamp
supplemental
nutrition
2
assistance
program
benefits.
The
department
shall
collect
any
3
overissuance
of
food
stamp
supplemental
nutrition
assistance
4
program
benefits
by
offsetting
the
amount
of
the
overissuance
5
from
the
benefits
payable
under
this
chapter
to
the
individual.
6
This
subsection
shall
only
apply
if
the
department
is
7
reimbursed
under
an
agreement
with
the
department
of
health
and
8
human
services
for
administrative
costs
incurred
in
recouping
9
the
overissuance.
The
provisions
of
section
96.15
do
not
apply
10
to
this
subsection
.
11
Sec.
62.
Section
97B.49B,
subsection
1,
paragraph
e,
12
subparagraph
(16),
Code
2023,
is
amended
to
read
as
follows:
13
(16)
A
person
employed
by
the
department
of
health
and
14
human
services
as
a
psychiatric
security
specialist
at
a
civil
15
commitment
unit
for
sexually
violent
offenders
facility.
16
Sec.
63.
Section
99D.7,
subsections
22
and
23,
Code
2023,
17
are
amended
to
read
as
follows:
18
22.
To
cooperate
with
the
gambling
treatment
program
19
administered
by
the
Iowa
department
of
public
health
and
human
20
services
to
incorporate
information
regarding
the
gambling
21
treatment
program
and
its
toll-free
telephone
number
in
printed
22
materials
distributed
by
the
commission.
The
commission
may
23
require
licensees
to
have
the
information
available
in
a
24
conspicuous
place
as
a
condition
of
licensure.
25
23.
To
establish
a
process
to
allow
a
person
to
be
26
voluntarily
excluded
from
advance
deposit
wagering
as
defined
27
in
section
99D.11
,
from
an
internet
fantasy
sports
contest
as
28
defined
in
section
99E.1
,
from
advance
deposit
sports
wagering
29
as
defined
in
section
99F.9
,
and
from
the
wagering
area
of
30
a
racetrack
enclosure,
from
the
gaming
floor,
and
from
the
31
sports
wagering
area,
as
defined
in
section
99F.1
,
of
all
32
other
licensed
facilities
under
this
chapter
and
chapter
99F
33
as
provided
in
this
subsection
.
The
process
shall
provide
34
that
an
initial
request
by
a
person
to
be
voluntarily
excluded
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shall
be
for
a
period
of
five
years
or
life
and
any
subsequent
1
request
following
any
five-year
period
shall
be
for
a
period
of
2
five
years
or
life.
The
process
established
shall
require
that
3
licensees
be
provided
electronic
access
to
names
and
social
4
security
numbers
of
persons
voluntarily
excluded
through
a
5
secured
interactive
internet
site
maintained
by
the
commission
6
and
information
regarding
persons
voluntarily
excluded
shall
7
be
disseminated
to
all
licensees
under
this
chapter
,
chapter
8
99E
,
and
chapter
99F
.
The
names,
social
security
numbers,
and
9
information
regarding
persons
voluntarily
excluded
shall
be
10
kept
confidential
unless
otherwise
ordered
by
a
court
or
by
11
another
person
duly
authorized
to
release
such
information.
12
The
process
established
shall
also
require
a
person
requesting
13
to
be
voluntarily
excluded
be
provided
information
compiled
14
by
the
Iowa
department
of
public
health
and
human
services
15
on
gambling
treatment
options.
The
state
and
any
licensee
16
under
this
chapter
,
chapter
99E
,
or
chapter
99F
shall
not
be
17
liable
to
any
person
for
any
claim
which
may
arise
from
this
18
process.
In
addition
to
any
other
penalty
provided
by
law,
any
19
money
or
thing
of
value
that
has
been
obtained
by,
or
is
owed
20
to,
a
voluntarily
excluded
person
as
a
result
of
wagers
made
21
by
the
person
after
the
person
has
been
voluntarily
excluded
22
shall
be
forfeited
by
the
person
and
shall
be
credited
to
the
23
general
fund
of
the
state.
The
commission
shall
not
initiate
24
any
administrative
action
or
impose
penalties
on
a
licensee
who
25
voluntarily
reports
to
the
commission
activity
described
in
26
section
99D.24,
subsection
4
,
paragraph
“c”
.
27
Sec.
64.
Section
99D.9,
subsection
6,
paragraph
b,
Code
28
2023,
is
amended
to
read
as
follows:
29
b.
A
licensee
shall
not
permit
a
financial
institution,
30
vendor,
or
other
person
to
dispense
cash
or
credit
through
an
31
electronic
or
mechanical
device
including
but
not
limited
to
a
32
satellite
terminal
as
defined
in
section
527.2
,
that
is
located
33
in
the
wagering
area.
However,
this
paragraph
shall
not
apply
34
to
cashless
wagering
systems
where
a
person
accesses
a
cash
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account
through
a
mobile
application
used
by
the
licensee
1
to
conduct
cashless
wagering.
The
mobile
application
shall
2
include
the
statewide
telephone
number
authorized
by
the
Iowa
3
department
of
public
health
and
human
services
to
provide
4
problem
gambling
information
and
extensive
responsible
gaming
5
features
in
addition
to
those
described
in
section
99D.7,
6
subsection
23
.
7
Sec.
65.
Section
99E.5,
subsection
2,
paragraph
d,
Code
8
2023,
is
amended
to
read
as
follows:
9
d.
Include
on
the
internet
site
or
mobile
application
used
10
by
the
licensee
to
conduct
internet
fantasy
sports
contests
the
11
statewide
telephone
number
authorized
by
the
Iowa
department
of
12
public
health
and
human
services
to
provide
problem
gambling
13
information
and
extensive
responsible
gaming
features
in
14
addition
to
those
described
in
section
99F.4,
subsection
22
.
15
Sec.
66.
Section
99F.4,
subsection
22,
Code
2023,
is
amended
16
to
read
as
follows:
17
22.
To
establish
a
process
to
allow
a
person
to
be
18
voluntarily
excluded
from
advance
deposit
wagering
as
defined
19
in
section
99D.11
,
from
an
internet
fantasy
sports
contest
20
as
defined
in
section
99E.1
,
from
advance
deposit
sports
21
wagering
as
defined
in
section
99F.9
,
from
the
gaming
floor
22
and
sports
wagering
area
of
an
excursion
gambling
boat,
from
23
the
wagering
area,
as
defined
in
section
99D.2
,
and
from
the
24
gaming
floor
and
sports
wagering
area
of
all
other
licensed
25
facilities
under
this
chapter
and
chapter
99D
as
provided
in
26
this
subsection
.
The
process
shall
provide
that
an
initial
27
request
by
a
person
to
be
voluntarily
excluded
shall
be
for
28
a
period
of
five
years
or
life
and
any
subsequent
request
29
following
any
five-year
period
shall
be
for
a
period
of
five
30
years
or
life.
The
process
established
shall
require
that
31
licensees
be
provided
electronic
access
to
names
and
social
32
security
numbers
of
persons
voluntarily
excluded
through
a
33
secured
interactive
internet
site
maintained
by
the
commission
34
and
information
regarding
persons
voluntarily
excluded
shall
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be
disseminated
to
all
licensees
under
this
chapter
,
chapter
1
99D
,
and
chapter
99E
.
The
names,
social
security
numbers,
and
2
information
regarding
persons
voluntarily
excluded
shall
be
3
kept
confidential
unless
otherwise
ordered
by
a
court
or
by
4
another
person
duly
authorized
to
release
such
information.
5
The
process
established
shall
also
require
a
person
requesting
6
to
be
voluntarily
excluded
be
provided
information
compiled
7
by
the
Iowa
department
of
public
health
and
human
services
8
on
gambling
treatment
options.
The
state
and
any
licensee
9
under
this
chapter
,
chapter
99D
,
or
chapter
99E
shall
not
be
10
liable
to
any
person
for
any
claim
which
may
arise
from
this
11
process.
In
addition
to
any
other
penalty
provided
by
law,
any
12
money
or
thing
of
value
that
has
been
obtained
by,
or
is
owed
13
to,
a
voluntarily
excluded
person
as
a
result
of
wagers
made
14
by
the
person
after
the
person
has
been
voluntarily
excluded
15
shall
be
forfeited
by
the
person
and
shall
be
credited
to
the
16
general
fund
of
the
state.
The
commission
shall
not
initiate
17
any
administrative
action
or
impose
penalties
on
a
licensee
who
18
voluntarily
reports
to
the
commission
activity
described
in
19
section
99F.15,
subsection
4
,
paragraph
“n”
.
20
Sec.
67.
Section
99F.7,
subsection
10,
paragraph
b,
Code
21
2023,
is
amended
to
read
as
follows:
22
b.
A
licensee
shall
not
permit
a
financial
institution,
23
vendor,
or
other
person
to
dispense
cash
or
credit
through
an
24
electronic
or
mechanical
device
including
but
not
limited
to
25
a
satellite
terminal,
as
defined
in
section
527.2
,
that
is
26
located
on
the
gaming
floor.
However,
this
paragraph
shall
not
27
apply
to
cashless
wagering
systems
where
a
person
accesses
a
28
cash
account
through
a
mobile
application
used
by
the
licensee
29
to
conduct
cashless
wagering.
The
mobile
application
shall
30
include
the
statewide
telephone
number
authorized
by
the
Iowa
31
department
of
public
health
and
human
services
to
provide
32
problem
gambling
information
and
extensive
responsible
gaming
33
features
in
addition
to
those
described
in
section
99F.4,
34
subsection
22
.
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Sec.
68.
Section
99F.7A,
subsection
2,
paragraph
a,
Code
1
2023,
is
amended
to
read
as
follows:
2
a.
Include
on
the
internet
site
or
mobile
application
used
3
by
the
licensee
to
conduct
advance
deposit
sports
wagering
as
4
authorized
in
section
99F.9
the
statewide
telephone
number
5
authorized
by
the
Iowa
department
of
public
health
and
human
6
services
to
provide
problem
gambling
information
and
extensive
7
responsible
gaming
features
in
addition
to
those
described
in
8
section
99F.4,
subsection
22
.
9
Sec.
69.
Section
100C.1,
subsection
1,
Code
2023,
is
amended
10
to
read
as
follows:
11
1.
“Alarm
system”
means
a
system
or
portion
of
a
combination
12
system
that
consists
of
components
and
circuits
arranged
to
13
monitor
and
annunciate
the
status
of
a
fire
alarm,
security
14
alarm,
or
nurse
call
or
supervisory
signal-initiating
devices
15
and
to
initiate
the
appropriate
response
to
those
signals,
16
but
does
not
mean
any
such
security
system
or
portion
of
a
17
combination
system
installed
in
a
prison,
jail,
or
detention
18
facility
owned
by
the
state,
a
political
subdivision
of
the
19
state,
the
department
of
health
and
human
services,
or
the
Iowa
20
veterans
home.
21
Sec.
70.
Section
101C.3,
subsection
1,
Code
2023,
is
amended
22
to
read
as
follows:
23
1.
The
Iowa
propane
education
and
research
council
is
24
established.
The
council
shall
consist
of
ten
voting
members,
25
nine
of
whom
represent
retail
propane
marketers
and
one
of
whom
26
shall
be
the
administrator
of
the
division
of
a
representative
27
of
the
department
of
health
and
human
services
responsible
28
for
community
action
agencies
of
the
department
of
human
29
rights
.
Members
of
the
council
other
than
the
administrator
30
representing
retail
propane
marketers
shall
be
appointed
by
the
31
fire
marshal
from
a
list
of
nominees
submitted
by
qualified
32
propane
industry
organizations
by
December
15
of
each
year.
A
33
vacancy
in
the
unfinished
term
of
a
council
member
shall
be
34
filled
for
the
remainder
of
the
term
in
the
same
manner
as
the
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original
appointment
was
made.
Other
than
the
administrator,
1
council
Council
members
representing
retail
propane
marketers
2
shall
be
full-time
employees
or
owners
of
a
propane
industry
3
business
or
representatives
of
an
agricultural
cooperative
4
actively
engaged
in
the
propane
industry.
An
employee
of
a
5
qualified
propane
industry
organization
shall
not
serve
as
a
6
member
of
the
council.
An
officer
of
the
board
of
directors
of
7
a
qualified
propane
industry
organization
or
propane
industry
8
trade
association
shall
not
serve
concurrently
as
a
member
of
9
the
council.
The
fire
marshal
or
a
designee
may
serve
as
an
ex
10
officio,
nonvoting
member
of
the
council.
11
Sec.
71.
Section
123.47,
subsection
4,
paragraph
a,
12
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
13
(2)
A
second
offense
shall
be
a
simple
misdemeanor
14
punishable
by
a
fine
of
five
hundred
dollars.
In
addition
to
15
any
other
applicable
penalty,
the
person
in
violation
of
this
16
section
shall
choose
between
either
completing
a
substance
17
abuse
use
disorder
evaluation
or
the
suspension
of
the
person’s
18
motor
vehicle
operating
privileges
for
a
period
not
to
exceed
19
one
year.
20
Sec.
72.
Section
124.409,
subsection
1,
Code
2023,
is
21
amended
to
read
as
follows:
22
1.
Whenever
the
court
finds
that
a
person
who
is
charged
23
with
a
violation
of
section
124.401
and
who
consents
thereto,
24
or
who
has
entered
a
plea
of
guilty
to
or
been
found
guilty
of
25
a
violation
of
that
section,
is
addicted
to,
dependent
upon,
26
or
a
chronic
abuser
user
of
any
controlled
substance
and
that
27
such
person
will
be
aided
by
proper
medical
treatment
and
28
rehabilitative
services,
the
court
may
order
that
the
person
29
be
committed
as
an
in-patient
or
out-patient
to
a
facility
30
licensed
by
the
Iowa
department
of
public
health
and
human
31
services
for
medical
treatment
and
rehabilitative
services.
32
Sec.
73.
Section
124.504,
subsection
3,
Code
2023,
is
33
amended
to
read
as
follows:
34
3.
A
practitioner
engaged
in
medical
practice
or
research
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or
the
Iowa
drug
abuse
substance
use
disorder
authority
or
1
any
program
which
is
licensed
by
the
authority
shall
not
be
2
required
to
furnish
the
name
or
identity
of
a
patient
or
3
research
subject
to
the
board
or
the
department,
nor
shall
the
4
practitioner
or
the
authority
or
any
program
which
is
licensed
5
by
the
authority
be
compelled
in
any
state
or
local
civil,
6
criminal,
administrative,
legislative
or
other
proceedings
7
to
furnish
the
name
or
identity
of
an
individual
that
the
8
practitioner
or
the
authority
or
any
of
its
licensed
programs
9
is
obligated
to
keep
confidential.
10
Sec.
74.
Section
124.551,
subsection
2,
paragraph
a,
11
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
12
follows:
13
The
program
shall
collect
from
pharmacies
dispensing
14
information
for
controlled
substances
identified
pursuant
15
to
section
124.554,
subsection
1
,
paragraph
“g”
,
and
from
16
first
responders
as
defined
in
section
147A.1,
subsection
17
7
,
with
the
exception
of
emergency
medical
care
providers
18
as
defined
in
section
147A.1,
subsection
4
,
administration
19
information
for
opioid
antagonists.
The
department
of
public
20
health
and
human
services
shall
provide
information
for
the
21
administration
of
opioid
antagonists
to
the
board
as
prescribed
22
by
rule
for
emergency
medical
care
providers
as
defined
in
23
section
147A.1,
subsection
4
.
The
board
shall
adopt
rules
24
requiring
the
following
information
to
be
provided
regarding
25
the
administration
of
opioid
antagonists:
26
Sec.
75.
Section
124.556,
Code
2023,
is
amended
to
read
as
27
follows:
28
124.556
Education
and
treatment.
29
The
program
shall
include
education
initiatives
and
outreach
30
to
consumers,
prescribing
practitioners,
and
pharmacists,
and
31
shall
also
include
assistance
for
identifying
substance
abuse
32
use
disorder
treatment
programs
and
providers.
The
program
33
shall
also
include
educational
updates
and
information
on
34
general
patient
risk
factors
for
prescribing
practitioners.
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The
board
and
advisory
council
shall
adopt
rules,
as
provided
1
under
section
124.554
,
to
implement
this
section
.
2
Sec.
76.
Section
124E.2,
subsections
3
and
8,
Code
2023,
are
3
amended
to
read
as
follows:
4
3.
“Department”
means
the
department
of
public
health
and
5
human
services
.
6
8.
“Laboratory”
means
the
state
hygienic
laboratory
7
at
the
university
of
Iowa
in
Iowa
City
or
any
other
8
independent
medical
cannabidiol
testing
facility
accredited
9
to
standard
ISO/IEC
17025
by
an
international
organization
10
for
standards-approved
accrediting
body,
with
a
controlled
11
substance
registration
certificate
from
the
United
States
drug
12
enforcement
administration
and
a
certificate
of
registration
13
from
the
board
of
pharmacy.
For
the
purposes
of
this
chapter
,
14
an
independent
laboratory
is
a
laboratory
operated
by
an
15
entity
that
has
no
equity
ownership
in
a
medical
cannabidiol
16
manufacturer.
17
Sec.
77.
Section
124E.6,
subsection
4,
Code
2023,
is
amended
18
to
read
as
follows:
19
4.
A
medical
cannabidiol
manufacturer
shall
contract
with
20
a
laboratory
to
perform
spot-check
testing
of
the
medical
21
cannabidiol
produced
by
the
medical
cannabidiol
manufacturer
22
as
provided
in
section
124E.7
.
The
department
shall
require
23
that
the
laboratory
report
testing
results
to
the
medical
24
cannabidiol
manufacturer
and
the
department
as
determined
by
25
the
department
by
rule.
If
a
medical
cannabidiol
manufacturer
26
contracts
with
a
laboratory
other
than
the
state
hygienic
27
laboratory
at
the
university
of
Iowa
in
Iowa
City
,
the
28
department
shall
approve
the
laboratory
to
perform
testing
29
pursuant
to
this
chapter
.
30
Sec.
78.
Section
124E.14,
Code
2023,
is
amended
to
read
as
31
follows:
32
124E.14
Out-of-state
medical
cannabidiol
dispensaries.
33
The
department
of
public
health
shall
utilize
a
request
for
34
proposals
process
to
select
and
license
by
December
1,
2017,
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up
to
two
out-of-state
medical
cannabidiol
dispensaries
from
a
1
bordering
state
to
sell
and
dispense
medical
cannabidiol
to
a
2
patient
or
primary
caregiver
in
possession
of
a
valid
medical
3
cannabidiol
registration
card
issued
under
this
chapter
.
4
Sec.
79.
Section
125.1,
Code
2023,
is
amended
to
read
as
5
follows:
6
125.1
Declaration
of
policy.
7
It
is
the
policy
of
this
state:
8
1.
That
persons
with
substance-related
disorders
a
9
substance
use
disorder
be
afforded
the
opportunity
to
10
receive
quality
treatment
and
directed
into
rehabilitation
11
services
which
will
help
them
resume
a
socially
acceptable
and
12
productive
role
in
society.
13
2.
To
encourage
substance
abuse
use
disorder
education
14
and
prevention
efforts
and
to
insure
that
such
efforts
are
15
coordinated
to
provide
a
high
quality
of
services
without
16
unnecessary
duplication.
17
3.
To
insure
that
substance
abuse
use
disorder
programs
18
are
being
operated
by
individuals
who
are
qualified
in
their
19
field
whether
through
formal
education
or
through
employment
20
or
personal
experience.
21
Sec.
80.
Section
125.2,
Code
2023,
is
amended
to
read
as
22
follows:
23
125.2
Definitions.
24
For
purposes
of
this
chapter
,
unless
the
context
clearly
25
indicates
otherwise:
26
1.
“Board”
means
the
state
board
of
health
created
pursuant
27
to
chapter
136
.
28
2.
1.
“Chemical
substance”
means
alcohol,
wine,
spirits,
29
and
beer
as
defined
in
chapter
123
and
controlled
substances
30
as
defined
in
section
124.101
.
31
3.
2.
“Chief
medical
officer”
means
the
medical
director
32
in
charge
of
a
public
or
private
hospital,
or
the
director’s
33
physician-designee.
This
chapter
does
not
negate
the
34
authority
otherwise
reposed
by
chapter
226
in
the
respective
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superintendents
of
the
state
mental
health
institutes
to
make
1
decisions
regarding
the
appropriateness
of
admissions
or
2
discharges
of
patients
of
those
institutes,
however,
it
is
3
the
intent
of
this
chapter
that
a
superintendent
who
is
not
a
4
licensed
physician
shall
be
guided
in
these
decisions
by
the
5
chief
medical
officer
of
the
institute.
6
4.
3.
“Clerk”
means
the
clerk
of
the
district
court.
7
4.
“Council”
means
the
council
on
health
and
human
services.
8
5.
“County
of
residence”
means
the
same
as
defined
in
9
section
331.394
.
10
6.
“Department”
means
the
Iowa
department
of
public
health
11
and
human
services
.
12
7.
“Director”
means
the
director
of
the
Iowa
department
of
13
public
health
and
human
services
.
14
8.
“Facility”
means
an
institution,
a
detoxification
center,
15
or
an
installation
providing
care,
maintenance
and
treatment
16
for
persons
with
substance-related
disorders
a
substance
use
17
disorder
licensed
by
the
department
under
section
125.13
,
18
hospitals
licensed
under
chapter
135B
,
or
the
state
mental
19
health
institutes
designated
by
chapter
226
.
20
9.
“Incapacitated
by
a
chemical
substance”
means
that
a
21
person,
as
a
result
of
the
use
of
a
chemical
substance,
is
22
unconscious
or
has
the
person’s
judgment
otherwise
so
impaired
23
that
the
person
is
incapable
of
realizing
and
making
a
rational
24
decision
with
respect
to
the
need
for
treatment.
25
10.
“Incompetent
person”
means
a
person
who
has
been
26
adjudged
incompetent
by
a
court
of
law.
27
11.
“Interested
person”
means
a
person
who,
in
the
28
discretion
of
the
court,
is
legitimately
concerned
that
a
29
respondent
receive
substance
abuse
use
disorder
treatment
30
services.
31
12.
“Magistrate”
means
the
same
as
defined
in
section
801.4,
32
subsection
10
.
33
13.
“Mental
health
professional”
means
the
same
as
defined
34
in
section
228.1
.
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14.
“Psychiatric
advanced
registered
nurse
practitioner”
1
means
an
individual
currently
licensed
as
a
registered
nurse
2
under
chapter
152
or
152E
who
holds
a
national
certification
in
3
psychiatric
mental
health
care
and
who
is
licensed
by
the
board
4
of
nursing
as
an
advanced
registered
nurse
practitioner.
5
15.
“Respondent”
means
a
person
against
whom
an
application
6
is
filed
under
section
125.75
.
7
16.
“Substance-related
disorder”
“Substance
use
disorder”
8
means
a
diagnosable
substance
abuse
use
disorder
of
sufficient
9
duration
to
meet
diagnostic
criteria
specified
within
the
most
10
current
diagnostic
and
statistical
manual
of
mental
disorders
11
published
by
the
American
psychiatric
association
that
results
12
in
a
functional
impairment.
13
Sec.
81.
Section
125.3,
Code
2023,
is
amended
to
read
as
14
follows:
15
125.3
Substance
abuse
use
disorder
program
established.
16
The
Iowa
department
of
public
health
shall
develop,
17
implement,
and
administer
a
comprehensive
substance
abuse
use
18
disorder
program
pursuant
to
sections
125.1
and
125.2
,
this
19
section
,
and
sections
125.7
,
125.9
,
125.10
,
125.12
through
20
125.21
,
125.25
,
125.32
through
125.34
,
and
125.37
through
21
125.43
.
22
Sec.
82.
Section
125.7,
Code
2023,
is
amended
to
read
as
23
follows:
24
125.7
Duties
of
the
board
council
.
25
The
board
council
shall:
26
1.
Approve
the
comprehensive
substance
abuse
use
disorder
27
program,
developed
by
the
department
pursuant
to
sections
125.1
28
through
125.3
,
this
section
,
and
sections
125.9
,
125.10
,
125.12
29
through
125.21
,
125.25
,
125.32
through
125.34
,
and
125.37
30
through
125.43
.
31
2.
Advise
the
department
on
policies
governing
the
32
performance
of
the
department
in
the
discharge
of
any
duties
33
imposed
on
the
department
by
law.
34
3.
Advise
or
make
recommendations
to
the
governor
and
the
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general
assembly
relative
to
substance
abuse
use
disorder
1
treatment,
intervention,
education,
and
prevention
programs
in
2
this
state.
3
4.
Adopt
rules
for
subsections
1
and
6
and
review
other
4
rules
necessary
to
carry
out
the
provisions
of
this
chapter
,
5
subject
to
review
in
accordance
with
chapter
17A
.
6
5.
Investigate
the
work
of
the
department
relating
to
7
substance
abuse
use
disorder
,
and
for
this
purpose
the
board
8
council
shall
have
access
at
any
time
to
all
books,
papers,
9
documents,
and
records
of
the
department.
10
6.
Consider
and
approve
or
disapprove
all
applications
11
for
a
license
and
all
cases
involving
the
renewal,
denial,
12
suspension,
or
revocation
of
a
license.
13
7.
Act
as
the
appeal
board
regarding
funding
decisions
made
14
by
the
department.
15
Sec.
83.
Section
125.9,
subsections
1,
2,
4,
5,
and
6,
Code
16
2023,
are
amended
to
read
as
follows:
17
1.
Plan,
establish
and
maintain
treatment,
intervention,
18
education,
and
prevention
programs
as
necessary
or
desirable
in
19
accordance
with
the
comprehensive
substance
abuse
use
disorder
20
program.
21
2.
Make
contracts
necessary
or
incidental
to
the
22
performance
of
the
duties
and
the
execution
of
the
powers
23
of
the
director,
including
contracts
with
public
and
24
private
agencies,
organizations
and
individuals
to
pay
25
them
for
services
rendered
or
furnished
to
persons
with
26
substance-related
disorders
a
substance
use
disorder
.
27
4.
Coordinate
the
activities
of
the
department
and
28
cooperate
with
substance
abuse
use
disorder
programs
in
29
this
and
other
states,
and
make
contracts
and
other
joint
or
30
cooperative
arrangements
with
state,
local
or
private
agencies
31
in
this
and
other
states
for
the
treatment
of
persons
with
32
substance-related
disorders
a
substance
use
disorder
and
33
for
the
common
advancement
of
substance
abuse
use
disorder
34
programs.
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5.
Require
that
a
written
report,
in
reasonable
detail,
be
1
submitted
to
the
director
at
any
time
by
any
agency
of
this
2
state
or
of
any
of
its
political
subdivisions
in
respect
to
any
3
substance
abuse
use
disorder
prevention
function,
or
program
4
for
the
benefit
of
persons
who
are
or
have
been
involved
in
5
substance
abuse
use
disorder
,
which
is
being
conducted
by
the
6
agency.
7
6.
Submit
to
the
governor
a
written
report
of
the
8
pertinent
facts
at
any
time
the
director
concludes
that
any
9
agency
of
this
state
or
of
any
of
its
political
subdivisions
10
is
conducting
any
substance
abuse
use
disorder
prevention
11
function,
or
program
for
the
benefit
of
persons
who
are
or
have
12
been
involved
in
substance
abuse
use
disorder
in
a
manner
not
13
consistent
with
or
which
impairs
achievement
of
the
objectives
14
of
the
state
plan
to
combat
substance
abuse
use
disorder
,
and
15
has
failed
to
effect
appropriate
changes
in
the
function
or
16
program.
17
Sec.
84.
Section
125.10,
Code
2023,
is
amended
to
read
as
18
follows:
19
125.10
Duties
of
director.
20
The
director
shall:
21
1.
Prepare
and
submit
a
state
plan
subject
to
approval
by
22
the
board
council
and
in
accordance
with
42
U.S.C.
§300x-21
et
23
seq.
The
state
plan
shall
designate
the
department
as
the
sole
24
agency
for
supervising
the
administration
of
the
plan.
25
2.
Develop,
encourage,
and
foster
statewide,
regional,
26
and
local
plans
and
programs
for
the
prevention
of
substance
27
misuse
use
disorder
and
the
treatment
of
persons
with
28
substance-related
disorders
a
substance
use
disorder
in
29
cooperation
with
public
and
private
agencies,
organizations
and
30
individuals,
and
provide
technical
assistance
and
consultation
31
services
for
these
purposes.
32
3.
Coordinate
the
efforts
and
enlist
the
assistance
of
all
33
public
and
private
agencies,
organizations,
and
individuals
34
interested
in
the
prevention
of
substance
misuse
use
disorder
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and
the
treatment
of
persons
with
substance-related
disorders
a
1
substance
use
disorder
.
The
director’s
actions
to
implement
2
this
subsection
shall
also
address
the
treatment
needs
of
3
persons
who
have
a
mental
illness,
an
intellectual
disability,
4
brain
injury,
or
other
co-occurring
condition
in
addition
to
a
5
substance-related
substance
use
disorder.
6
4.
Cooperate
with
the
department
of
human
services
and
7
the
Iowa
department
of
public
health
in
establishing
and
8
conducting
programs
to
provide
treatment
for
persons
with
9
substance-related
disorders
a
substance
use
disorder
.
10
5.
Cooperate
with
the
department
of
education,
boards
11
of
education,
schools,
police
departments,
courts,
and
other
12
public
and
private
agencies,
organizations,
and
individuals
13
in
establishing
programs
for
the
prevention
of
substance
14
misuse
use
disorder
and
the
treatment
of
persons
with
15
substance-related
disorders
a
substance
use
disorder
,
and
in
16
preparing
relevant
curriculum
materials
for
use
at
all
levels
17
of
school
education.
18
6.
Prepare,
publish,
evaluate
and
disseminate
educational
19
material
dealing
with
the
nature
and
effects
of
chemical
20
substances.
21
7.
Develop
and
implement,
as
an
integral
part
of
treatment
22
programs,
an
educational
program
for
use
in
the
treatment
23
of
persons
with
substance-related
disorders
a
substance
use
24
disorder
,
which
program
shall
include
the
dissemination
of
25
information
concerning
the
nature
and
effects
of
substances.
26
8.
Organize
and
implement,
in
cooperation
with
local
27
treatment
programs,
training
programs
for
all
persons
engaged
28
in
treatment
of
persons
with
substance-related
disorders
a
29
substance
use
disorder
.
30
9.
Sponsor
and
implement
research
in
cooperation
with
31
local
treatment
programs
into
the
causes
and
nature
of
32
substance
misuse
use
disorder
and
treatment
of
persons
with
33
substance-related
disorders
a
substance
use
disorder
,
and
serve
34
as
a
clearing
house
for
information
relating
to
substance
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misuse
use
disorder
.
1
10.
Specify
uniform
methods
for
keeping
statistical
2
information
by
public
and
private
agencies,
organizations,
3
and
individuals,
and
collect
and
make
available
relevant
4
statistical
information,
including
number
of
persons
treated,
5
frequency
of
admission
and
readmission,
and
frequency
and
6
duration
of
treatment.
7
11.
Develop
and
implement,
with
the
counsel
and
approval
8
of
the
board
council
,
the
comprehensive
plan
for
treatment
9
of
persons
with
substance-related
disorders
a
substance
use
10
disorder
in
accordance
with
this
chapter
.
11
12.
Assist
in
the
development
of,
and
cooperate
with,
12
substance
abuse
use
disorder
education
and
treatment
programs
13
for
employees
of
state
and
local
governments
and
businesses
and
14
industries
in
the
state.
15
13.
Utilize
the
support
and
assistance
of
interested
16
persons
in
the
community,
particularly
persons
who
are
17
recovering
from
substance-related
disorders
a
substance
use
18
disorder
to
encourage
persons
with
substance-related
disorders
19
a
substance
use
disorder
to
voluntarily
undergo
treatment.
20
14.
Cooperate
with
the
commissioner
of
public
safety
in
21
establishing
and
conducting
programs
designed
to
deal
with
the
22
problem
of
persons
operating
motor
vehicles
while
intoxicated.
23
15.
Encourage
general
hospitals
and
other
appropriate
24
health
facilities
to
admit
without
discrimination
persons
25
with
substance-related
disorders
a
substance
use
disorder
26
and
to
provide
them
with
adequate
and
appropriate
treatment.
27
The
director
may
negotiate
and
implement
contracts
with
28
hospitals
and
other
appropriate
health
facilities
with
adequate
29
detoxification
facilities.
30
16.
Encourage
all
health
and
disability
insurance
programs
31
to
include
substance-related
substance
use
disorders
as
covered
32
illnesses.
33
17.
Review
all
state
health,
welfare,
education
and
34
treatment
proposals
to
be
submitted
for
federal
funding
under
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federal
legislation,
and
advise
the
governor
on
provisions
1
to
be
included
relating
to
substance
misuse
use
disorder
and
2
persons
with
substance-related
disorders
a
substance
use
3
disorder
.
4
Sec.
85.
Section
125.12,
subsections
1
and
3,
Code
2023,
are
5
amended
to
read
as
follows:
6
1.
The
board
council
shall
review
the
comprehensive
7
substance
abuse
use
disorder
program
implemented
by
the
8
department
for
the
treatment
of
persons
with
substance-related
9
disorders
a
substance
use
disorder
and
concerned
family
10
members.
Subject
to
the
review
of
the
board
council
,
the
11
director
shall
divide
the
state
into
appropriate
regions
12
for
the
conduct
of
the
program
and
establish
standards
for
13
the
development
of
the
program
on
the
regional
level.
In
14
establishing
the
regions,
consideration
shall
be
given
to
city
15
and
county
lines,
population
concentrations,
and
existing
16
substance
abuse
use
disorder
treatment
services.
17
3.
The
director
shall
provide
for
adequate
and
appropriate
18
treatment
for
persons
with
substance-related
disorders
a
19
substance
use
disorder
and
concerned
family
members
admitted
20
under
sections
125.33
and
125.34
,
or
under
section
125.75
,
21
125.81
,
or
125.91
.
Treatment
shall
not
be
provided
at
a
22
correctional
institution
except
for
inmates.
A
mental
health
23
professional
who
is
employed
by
a
treatment
provider
under
the
24
program
may
provide
treatment
to
a
person
with
co-occurring
25
substance-related
substance
use
and
mental
health
disorders.
26
Such
treatment
may
also
be
provided
by
a
person
employed
by
27
such
a
treatment
provider
who
is
receiving
the
supervision
28
required
to
meet
the
definition
of
mental
health
professional
29
but
has
not
completed
the
supervision
component.
30
Sec.
86.
Section
125.13,
subsection
1,
paragraph
a,
Code
31
2023,
is
amended
to
read
as
follows:
32
a.
Except
as
provided
in
subsection
2
,
a
person
shall
not
33
maintain
or
conduct
any
chemical
substitutes
or
antagonists
34
program,
residential
program,
or
nonresidential
outpatient
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program,
the
primary
purpose
of
which
is
the
treatment
and
1
rehabilitation
of
persons
with
substance-related
disorders
a
2
substance
use
disorder
without
having
first
obtained
a
written
3
license
for
the
program
from
the
department.
4
Sec.
87.
Section
125.13,
subsection
2,
paragraphs
a,
b,
c,
5
f,
i,
and
j,
Code
2023,
are
amended
to
read
as
follows:
6
a.
A
hospital
providing
care
or
treatment
to
persons
7
with
substance-related
disorders
a
substance
use
disorder
8
licensed
under
chapter
135B
which
is
accredited
by
the
joint
9
commission
on
the
accreditation
of
health
care
organizations,
10
the
commission
on
accreditation
of
rehabilitation
facilities,
11
the
American
osteopathic
association,
or
another
recognized
12
organization
approved
by
the
board
council
.
All
survey
reports
13
from
the
accrediting
or
licensing
body
must
be
sent
to
the
14
department.
15
b.
Any
practitioner
of
medicine
and
surgery
or
osteopathic
16
medicine
and
surgery,
in
the
practitioner’s
private
practice.
17
However,
a
program
shall
not
be
exempted
from
licensing
by
the
18
board
council
by
virtue
of
its
utilization
of
the
services
of
a
19
medical
practitioner
in
its
operation.
20
c.
Private
institutions
conducted
by
and
for
persons
who
21
adhere
to
the
faith
of
any
well
recognized
church
or
religious
22
denomination
for
the
purpose
of
providing
care,
treatment,
23
counseling,
or
rehabilitation
to
persons
with
substance-related
24
disorders
a
substance
use
disorder
and
who
rely
solely
on
25
prayer
or
other
spiritual
means
for
healing
in
the
practice
of
26
religion
of
such
church
or
denomination.
27
f.
Individuals
in
private
practice
who
are
providing
28
substance
abuse
use
disorder
treatment
services
independent
29
from
a
program
that
is
required
to
be
licensed
under
subsection
30
1
.
31
i.
A
substance
abuse
use
disorder
treatment
program
not
32
funded
by
the
department
which
is
accredited
or
licensed
33
by
the
joint
commission
on
the
accreditation
of
health
34
care
organizations,
the
commission
on
the
accreditation
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of
rehabilitation
facilities,
the
American
osteopathic
1
association,
or
another
recognized
organization
approved
by
2
the
board
council
.
All
survey
reports
from
the
accrediting
or
3
licensing
body
must
be
sent
to
the
department.
4
j.
A
hospital
substance
abuse
use
disorder
treatment
program
5
that
is
accredited
or
licensed
by
the
joint
commission
on
the
6
accreditation
of
health
care
organizations,
the
commission
on
7
the
accreditation
of
rehabilitation
facilities,
the
American
8
osteopathic
association,
or
another
recognized
organization
9
approved
by
the
board
council
.
All
survey
reports
for
the
10
hospital
substance
abuse
use
disorder
treatment
program
11
from
the
accrediting
or
licensing
body
shall
be
sent
to
the
12
department.
13
Sec.
88.
Section
125.14,
Code
2023,
is
amended
to
read
as
14
follows:
15
125.14
Licenses
——
renewal
——
fees.
16
The
board
council
shall
consider
all
cases
involving
initial
17
issuance,
and
renewal,
denial,
suspension,
or
revocation
18
of
a
license.
The
department
shall
issue
a
license
to
an
19
applicant
whom
the
board
council
determines
meets
the
licensing
20
requirements
of
this
chapter
.
Licenses
shall
expire
no
21
later
than
three
years
from
the
date
of
issuance
and
shall
be
22
renewed
upon
timely
application
made
in
the
same
manner
as
23
for
initial
issuance
of
a
license
unless
notice
of
nonrenewal
24
is
given
to
the
licensee
at
least
thirty
days
prior
to
the
25
expiration
of
the
license.
The
department
shall
not
charge
a
26
fee
for
licensing
or
renewal
of
programs
contracting
with
the
27
department
for
provision
of
treatment
services.
A
fee
may
be
28
charged
to
other
licensees.
29
Sec.
89.
Section
125.14A,
Code
2023,
is
amended
to
read
as
30
follows:
31
125.14A
Personnel
of
a
licensed
program
admitting
juveniles.
32
1.
If
a
person
is
being
considered
for
licensure
under
this
33
chapter
,
or
for
employment
involving
direct
responsibility
for
34
a
child
or
with
access
to
a
child
when
the
child
is
alone,
by
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a
program
admitting
juveniles
subject
to
licensure
under
this
1
chapter
,
or
if
a
person
will
reside
in
a
facility
utilized
2
by
such
a
program,
and
if
the
person
has
been
convicted
of
3
a
crime
or
has
a
record
of
founded
child
abuse,
the
record
4
check
evaluation
system
of
the
department
of
human
services
5
and
the
program
,
for
an
employee
of
the
program
,
shall
perform
6
an
evaluation
to
determine
whether
the
crime
or
founded
7
child
abuse
warrants
prohibition
of
licensure,
employment,
or
8
residence
in
the
facility.
The
department
of
human
services
9
record
check
evaluation
system
shall
conduct
criminal
and
10
child
abuse
record
checks
in
this
state
and
may
conduct
these
11
checks
in
other
states.
The
evaluation
shall
be
performed
in
12
accordance
with
procedures
adopted
for
this
purpose
by
the
13
department
of
human
services
.
14
2.
If
the
department
of
human
services
record
check
15
evaluation
system
determines
that
a
person
has
committed
a
16
crime
or
has
a
record
of
founded
child
abuse
and
is
licensed,
17
employed
by
a
program
licensed
under
this
chapter
,
or
resides
18
in
a
licensed
facility
the
department
record
check
evaluation
19
system
shall
notify
the
program
that
an
evaluation
will
be
20
conducted
to
determine
whether
prohibition
of
the
person’s
21
licensure,
employment,
or
residence
is
warranted.
22
3.
In
an
evaluation,
the
department
of
human
services
23
record
check
evaluation
system
and
the
program
for
an
employee
24
of
the
program
shall
consider
the
nature
and
seriousness
of
25
the
crime
or
founded
child
abuse
in
relation
to
the
position
26
sought
or
held,
the
time
elapsed
since
the
commission
of
the
27
crime
or
founded
child
abuse,
the
circumstances
under
which
28
the
crime
or
founded
child
abuse
was
committed,
the
degree
of
29
rehabilitation,
the
likelihood
that
the
person
will
commit
the
30
crime
or
founded
child
abuse
again,
and
the
number
of
crimes
31
or
founded
child
abuses
committed
by
the
person
involved.
The
32
department
of
human
services
record
check
evaluation
system
33
may
permit
a
person
who
is
evaluated
to
be
licensed,
employed,
34
or
to
reside,
or
to
continue
to
be
licensed,
employed,
or
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to
reside
in
a
program,
if
the
person
complies
with
the
1
department’s
record
check
evaluation
system’s
conditions
2
relating
to
the
person’s
licensure,
employment,
or
residence,
3
which
may
include
completion
of
additional
training.
For
an
4
employee
of
a
licensee,
these
conditional
requirements
shall
5
be
developed
with
the
licensee.
The
department
of
human
6
services
record
check
evaluation
system
has
final
authority
7
in
determining
whether
prohibition
of
the
person’s
licensure,
8
employment,
or
residence
is
warranted
and
in
developing
any
9
conditional
requirements
under
this
subsection
.
10
4.
If
the
department
of
human
services
record
check
11
evaluation
system
determines
that
the
person
has
committed
a
12
crime
or
has
a
record
of
founded
child
abuse
which
warrants
13
prohibition
of
licensure,
employment,
or
residence,
the
person
14
shall
not
be
licensed
under
this
chapter
to
operate
a
program
15
admitting
juveniles
and
shall
not
be
employed
by
a
program
or
16
reside
in
a
facility
admitting
juveniles
licensed
under
this
17
chapter
.
18
5.
In
addition
to
the
record
checks
required
under
this
19
section
,
the
department
of
human
services
record
check
20
evaluation
system
may
conduct
dependent
adult
abuse
record
21
checks
in
this
state
and
may
conduct
these
checks
in
other
22
states,
on
a
random
basis.
The
provisions
of
this
section
,
23
relative
to
an
evaluation
following
a
determination
that
a
24
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
25
child
abuse,
shall
also
apply
to
a
random
check
conducted
under
26
this
subsection
.
27
6.
Beginning
July
1,
1994,
a
A
program
or
facility
shall
28
inform
all
new
applicants
for
employment
of
the
possibility
29
of
the
performance
of
a
record
check
and
shall
obtain,
from
30
the
applicant,
a
signed
acknowledgment
of
the
receipt
of
the
31
information.
32
7.
On
or
after
July
1,
1994,
a
A
program
or
facility
shall
33
include
the
following
inquiry
in
an
application
for
employment:
34
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
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or
have
you
ever
been
convicted
of
a
crime,
in
this
state
or
any
1
other
state?
2
Sec.
90.
Section
125.15,
Code
2023,
is
amended
to
read
as
3
follows:
4
125.15
Inspections.
5
The
department
may
inspect
the
facilities
and
review
the
6
procedures
utilized
by
any
chemical
substitutes
or
antagonists
7
program,
residential
program,
or
nonresidential
outpatient
8
program
that
has
as
a
primary
purpose
the
treatment
and
9
rehabilitation
of
persons
with
substance-related
disorders
a
10
substance
use
disorder
,
for
the
purpose
of
ensuring
compliance
11
with
this
chapter
and
the
rules
adopted
pursuant
to
this
12
chapter
.
The
examination
and
review
may
include
case
record
13
audits
and
interviews
with
staff
and
patients,
consistent
with
14
the
confidentiality
safeguards
of
state
and
federal
law.
15
Sec.
91.
Section
125.15A,
subsection
1,
unnumbered
16
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
17
The
department
may
place
an
employee
or
agent
to
serve
as
a
18
monitor
in
a
licensed
substance
abuse
use
disorder
treatment
19
program
or
may
petition
the
court
for
appointment
of
a
receiver
20
for
a
program
when
any
of
the
following
conditions
exist:
21
Sec.
92.
Section
125.15A,
subsection
1,
paragraph
b,
Code
22
2023,
is
amended
to
read
as
follows:
23
b.
The
board
council
has
suspended,
revoked,
or
refused
to
24
renew
the
existing
license
of
the
program.
25
Sec.
93.
Section
125.16,
Code
2023,
is
amended
to
read
as
26
follows:
27
125.16
Transfer
of
license
or
change
of
location
prohibited.
28
A
license
issued
under
this
chapter
may
not
be
transferred,
29
and
the
location
of
the
physical
facilities
occupied
or
30
utilized
by
any
program
licensed
under
this
chapter
shall
not
31
be
changed
without
the
prior
written
consent
of
the
board
32
council
.
33
Sec.
94.
Section
125.17,
Code
2023,
is
amended
to
read
as
34
follows:
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125.17
License
suspension
or
revocation.
1
Violation
of
any
of
the
requirements
or
restrictions
of
2
this
chapter
or
of
any
of
the
rules
adopted
pursuant
to
this
3
chapter
is
cause
for
suspension,
revocation,
or
refusal
to
4
renew
a
license.
The
director
shall
at
the
earliest
time
5
feasible
notify
a
licensee
whose
license
the
board
council
6
is
considering
suspending
or
revoking
and
shall
inform
the
7
licensee
what
changes
must
be
made
in
the
licensee’s
operation
8
to
avoid
such
action.
The
licensee
shall
be
given
a
reasonable
9
time
for
compliance,
as
determined
by
the
director,
after
10
receiving
such
notice
or
a
notice
that
the
board
council
does
11
not
intend
to
renew
the
license.
When
the
licensee
believes
12
compliance
has
been
achieved,
or
if
the
licensee
considers
13
the
proposed
suspension,
revocation,
or
refusal
to
renew
14
unjustified,
the
licensee
may
submit
pertinent
information
to
15
the
board
council
and
the
board
council
shall
expeditiously
16
make
a
decision
in
the
matter
and
notify
the
licensee
of
the
17
decision.
18
Sec.
95.
Section
125.18,
Code
2023,
is
amended
to
read
as
19
follows:
20
125.18
Hearing
before
board
council
.
21
If
a
licensee
under
this
chapter
makes
a
written
request
22
for
a
hearing
within
thirty
days
of
suspension,
revocation,
23
or
refusal
to
renew
a
license,
a
hearing
before
the
board
24
council
shall
be
expeditiously
arranged
by
the
department
of
25
inspections
and
appeals
whose
decision
is
subject
to
review
by
26
the
board
council
.
The
board
council
shall
issue
a
written
27
statement
of
the
board’s
council’s
findings
within
thirty
days
28
after
conclusion
of
the
hearing
upholding
or
reversing
the
29
proposed
suspension,
revocation,
or
refusal
to
renew
a
license.
30
Action
involving
suspension,
revocation,
or
refusal
to
renew
a
31
license
shall
not
be
taken
by
the
board
council
unless
a
quorum
32
is
present
at
the
meeting.
A
copy
of
the
board’s
council’s
33
decision
shall
be
promptly
transmitted
to
the
affected
licensee
34
who
may,
if
aggrieved
by
the
decision,
seek
judicial
review
of
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the
actions
of
the
board
council
in
accordance
with
the
terms
1
of
chapter
17A
.
2
Sec.
96.
Section
125.19,
Code
2023,
is
amended
to
read
as
3
follows:
4
125.19
Reissuance
or
reinstatement.
5
After
suspension,
revocation,
or
refusal
to
renew
a
license
6
pursuant
to
this
chapter
,
the
affected
licensee
shall
not
have
7
the
license
reissued
or
reinstated
within
one
year
of
the
8
effective
date
of
the
suspension,
revocation,
or
expiration
9
upon
refusal
to
renew,
unless
the
board
council
orders
10
otherwise.
After
that
time,
proof
of
compliance
with
the
11
requirements
and
restrictions
of
this
chapter
and
the
rules
12
adopted
pursuant
to
this
chapter
must
be
presented
to
the
board
13
council
prior
to
reinstatement
or
reissuance
of
a
license.
14
Sec.
97.
Section
125.20,
Code
2023,
is
amended
to
read
as
15
follows:
16
125.20
Rules.
17
The
department
shall
establish
rules
pursuant
to
chapter
18
17A
requiring
facilities
to
use
reasonable
accounting
and
19
reimbursement
systems
which
recognize
relevant
cost-related
20
factors
for
patients
with
a
substance
abuse
patients
use
21
disorder
.
A
facility
shall
not
be
licensed
nor
shall
any
22
payment
be
made
under
this
chapter
to
a
facility
which
fails
23
to
comply
with
those
rules
or
which
does
not
permit
inspection
24
by
the
department
or
examination
of
all
records,
including
25
financial
records,
methods
of
administration,
general
and
26
special
dietary
programs,
the
disbursement
of
drugs
and
methods
27
of
supply,
and
any
other
records
the
department
deems
relevant
28
to
the
establishment
of
such
a
system.
However,
rules
issued
29
pursuant
to
this
paragraph
shall
not
apply
to
any
facility
30
referred
to
in
section
125.13,
subsection
2
or
section
125.43
.
31
Sec.
98.
Section
125.21,
subsection
1,
Code
2023,
is
amended
32
to
read
as
follows:
33
1.
The
board
council
has
exclusive
power
in
this
state
34
to
approve
and
license
chemical
substitutes
and
antagonists
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programs,
and
to
monitor
chemical
substitutes
and
antagonists
1
programs
to
ensure
that
the
programs
are
operating
within
the
2
rules
adopted
pursuant
to
this
chapter
.
The
board
council
3
shall
grant
approval
and
license
if
the
requirements
of
the
4
rules
are
met
and
state
funding
is
not
requested.
The
chemical
5
substitutes
and
antagonists
programs
conducted
by
persons
6
exempt
from
the
licensing
requirements
of
this
chapter
pursuant
7
to
section
125.13,
subsection
2
,
are
subject
to
approval
and
8
licensure
under
this
section
.
9
Sec.
99.
Section
125.25,
subsection
1,
Code
2023,
is
amended
10
to
read
as
follows:
11
1.
Before
making
any
allocation
of
funds
to
a
local
12
substance
abuse
use
disorder
program,
the
department
shall
13
require
a
detailed
line
item
budget
clearly
indicating
the
14
funds
received
from
each
revenue
source
for
the
fiscal
year
15
for
which
the
funds
are
requested
on
forms
provided
by
the
16
department
for
each
program.
17
Sec.
100.
Section
125.32,
unnumbered
paragraph
1,
Code
18
2023,
is
amended
to
read
as
follows:
19
The
department
shall
adopt
and
may
amend
and
repeal
rules
20
for
acceptance
of
persons
into
the
treatment
program,
subject
21
to
chapter
17A
,
considering
available
treatment
resources
and
22
facilities,
for
the
purpose
of
early
and
effective
treatment
23
of
persons
with
substance-related
disorders
a
substance
24
use
disorder
and
concerned
family
members.
In
establishing
25
the
rules
the
department
shall
be
guided
by
the
following
26
standards:
27
Sec.
101.
Section
125.32A,
Code
2023,
is
amended
to
read
as
28
follows:
29
125.32A
Discrimination
prohibited.
30
Any
substance
abuse
use
disorder
treatment
program
receiving
31
state
funding
under
this
chapter
or
any
other
chapter
of
the
32
Code
shall
not
discriminate
against
a
person
seeking
treatment
33
solely
because
the
person
is
pregnant,
unless
the
program
34
in
each
instance
identifies
and
refers
the
person
to
an
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alternative
and
acceptable
treatment
program
for
the
person.
1
Sec.
102.
Section
125.33,
Code
2023,
is
amended
to
read
as
2
follows:
3
125.33
Voluntary
treatment
of
persons
with
substance-related
4
disorders
a
substance
use
disorder
.
5
1.
A
person
with
a
substance-related
substance
use
6
disorder
may
apply
for
voluntary
treatment
or
rehabilitation
7
services
directly
to
a
facility
or
to
a
licensed
physician
and
8
surgeon
or
osteopathic
physician
and
surgeon
or
to
a
mental
9
health
professional.
If
the
proposed
patient
is
a
minor
or
10
an
incompetent
person,
a
parent,
a
legal
guardian
or
other
11
legal
representative
may
make
the
application.
The
licensed
12
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
13
mental
health
professional,
or
any
employee
or
person
acting
14
under
the
direction
or
supervision
of
the
physician
and
15
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
16
professional,
or
facility
shall
not
report
or
disclose
the
17
name
of
the
person
or
the
fact
that
treatment
was
requested
18
or
has
been
undertaken
to
any
law
enforcement
officer
or
law
19
enforcement
agency;
nor
shall
such
information
be
admissible
as
20
evidence
in
any
court,
grand
jury,
or
administrative
proceeding
21
unless
authorized
by
the
person
seeking
treatment.
If
the
22
person
seeking
such
treatment
or
rehabilitation
is
a
minor
who
23
has
personally
made
application
for
treatment,
the
fact
that
24
the
minor
sought
treatment
or
rehabilitation
or
is
receiving
25
treatment
or
rehabilitation
services
shall
not
be
reported
26
or
disclosed
to
the
parents
or
legal
guardian
of
such
minor
27
without
the
minor’s
consent,
and
the
minor
may
give
legal
28
consent
to
receive
such
treatment
and
rehabilitation.
29
2.
Subject
to
rules
adopted
by
the
department,
the
30
administrator
or
the
administrator’s
designee
in
charge
of
a
31
facility
may
determine
who
shall
be
admitted
for
treatment
32
or
rehabilitation.
If
a
person
is
refused
admission,
the
33
administrator
or
the
administrator’s
designee,
subject
to
rules
34
adopted
by
the
department,
shall
refer
the
person
to
another
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facility
for
treatment
if
possible
and
appropriate.
1
3.
A
person
with
a
substance-related
substance
use
2
disorder
seeking
treatment
or
rehabilitation
and
who
is
3
either
addicted
to
or
dependent
on
a
chemical
substance
may
4
first
be
examined
and
evaluated
by
a
licensed
physician
and
5
surgeon
or
osteopathic
physician
and
surgeon
or
a
mental
health
6
professional
who
may
prescribe,
if
authorized
or
licensed
7
to
do
so,
a
proper
course
of
treatment
and
medication,
if
8
needed.
The
licensed
physician
and
surgeon
or
osteopathic
9
physician
and
surgeon
or
mental
health
professional
may
further
10
prescribe
a
course
of
treatment
or
rehabilitation
and
authorize
11
another
licensed
physician
and
surgeon
or
osteopathic
physician
12
and
surgeon,
mental
health
professional,
or
facility
to
13
provide
the
prescribed
treatment
or
rehabilitation
services.
14
Treatment
or
rehabilitation
services
may
be
provided
to
a
15
person
individually
or
in
a
group.
A
facility
providing
or
16
engaging
in
treatment
or
rehabilitation
shall
not
report
or
17
disclose
to
a
law
enforcement
officer
or
law
enforcement
18
agency
the
name
of
any
person
receiving
or
engaged
in
the
19
treatment
or
rehabilitation;
nor
shall
a
person
receiving
or
20
participating
in
treatment
or
rehabilitation
report
or
disclose
21
the
name
of
any
other
person
engaged
in
or
receiving
treatment
22
or
rehabilitation
or
that
the
program
is
in
existence,
to
23
a
law
enforcement
officer
or
law
enforcement
agency.
Such
24
information
shall
not
be
admitted
in
evidence
in
any
court,
25
grand
jury,
or
administrative
proceeding.
However,
a
person
26
engaged
in
or
receiving
treatment
or
rehabilitation
may
27
authorize
the
disclosure
of
the
person’s
name
and
individual
28
participation.
29
4.
If
a
patient
receiving
inpatient
or
residential
care
30
leaves
a
facility,
the
patient
shall
be
encouraged
to
consent
31
to
appropriate
outpatient
or
halfway
house
treatment.
If
it
32
appears
to
the
administrator
in
charge
of
the
facility
that
33
the
patient
is
a
person
with
a
substance-related
substance
34
use
disorder
who
requires
help,
the
director
may
arrange
for
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assistance
in
obtaining
supportive
services.
1
5.
If
a
patient
leaves
a
facility,
with
or
against
the
2
advice
of
the
administrator
in
charge
of
the
facility,
the
3
director
may
make
reasonable
provisions
for
the
patient’s
4
transportation
to
another
facility
or
to
the
patient’s
home.
5
If
the
patient
has
no
home
the
patient
shall
be
assisted
in
6
obtaining
shelter.
If
the
patient
is
a
minor
or
an
incompetent
7
person,
the
request
for
discharge
from
an
inpatient
facility
8
shall
be
made
by
a
parent,
legal
guardian,
or
other
legal
9
representative,
or
by
the
minor
or
incompetent
person
if
the
10
patient
was
the
original
applicant.
11
6.
Any
person
who
reports
or
discloses
the
name
of
a
12
person
receiving
treatment
or
rehabilitation
services
to
a
13
law
enforcement
officer
or
law
enforcement
agency
or
any
14
person
receiving
treatment
or
rehabilitation
services
who
15
discloses
the
name
of
any
other
person
receiving
treatment
or
16
rehabilitation
services
without
the
written
consent
of
the
17
person
in
violation
of
the
provisions
of
this
section
shall
18
upon
conviction
be
guilty
of
a
simple
misdemeanor.
19
Sec.
103.
Section
125.34,
Code
2023,
is
amended
to
read
as
20
follows:
21
125.34
Treatment
and
services
for
persons
with
22
substance-related
disorders
a
substance
use
disorder
due
to
23
intoxication
and
substance-induced
incapacitation.
24
1.
A
person
with
a
substance-related
substance
use
disorder
25
due
to
intoxication
or
substance-induced
incapacitation
may
26
come
voluntarily
to
a
facility
for
emergency
treatment.
A
27
person
who
appears
to
be
intoxicated
or
incapacitated
by
a
28
substance
in
a
public
place
and
in
need
of
help
may
be
taken
29
to
a
facility
by
a
peace
officer
under
section
125.91
.
If
30
the
person
refuses
the
proffered
help,
the
person
may
be
31
arrested
and
charged
with
intoxication
under
section
123.46
,
32
if
applicable.
33
2.
If
no
facility
is
readily
available
the
person
may
34
be
taken
to
an
emergency
medical
service
customarily
used
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for
incapacitated
persons.
The
peace
officer
in
detaining
1
the
person
and
in
taking
the
person
to
a
facility
shall
make
2
every
reasonable
effort
to
protect
the
person’s
health
and
3
safety.
In
detaining
the
person
the
detaining
officer
may
take
4
reasonable
steps
for
self-protection.
Detaining
a
person
under
5
section
125.91
is
not
an
arrest
and
no
entry
or
other
record
6
shall
be
made
to
indicate
that
the
person
who
is
detained
has
7
been
arrested
or
charged
with
a
crime.
8
3.
A
person
who
arrives
at
a
facility
and
voluntarily
9
submits
to
examination
shall
be
examined
by
a
licensed
10
physician
and
surgeon
or
osteopathic
physician
and
surgeon
or
11
mental
health
professional
as
soon
as
possible
after
the
person
12
arrives
at
the
facility.
The
person
may
then
be
admitted
as
a
13
patient
or
referred
to
another
health
facility.
The
referring
14
facility
shall
arrange
for
transportation.
15
4.
If
a
person
is
voluntarily
admitted
to
a
facility,
the
16
person’s
family
or
next
of
kin
shall
be
notified
as
promptly
17
as
possible.
If
an
adult
patient
who
is
not
incapacitated
18
requests
that
there
be
no
notification,
the
request
shall
be
19
respected.
20
5.
A
peace
officer
who
acts
in
compliance
with
this
section
21
is
acting
in
the
course
of
the
officer’s
official
duty
and
is
22
not
criminally
or
civilly
liable
therefor
for
such
acts
,
unless
23
such
acts
constitute
willful
malice
or
abuse.
24
6.
If
the
physician
and
surgeon
or
osteopathic
physician
25
and
surgeon
in
charge
of
the
facility
determines
it
is
for
the
26
patient’s
benefit,
the
patient
shall
be
encouraged
to
agree
to
27
further
diagnosis
and
appropriate
voluntary
treatment.
28
7.
A
licensed
physician
and
surgeon
or
osteopathic
29
physician
and
surgeon,
mental
health
professional,
facility
30
administrator,
or
an
employee
or
a
person
acting
as
or
on
31
behalf
of
the
facility
administrator,
is
not
criminally
or
32
civilly
liable
for
acts
in
conformity
with
this
chapter
,
unless
33
the
acts
constitute
willful
malice
or
abuse.
34
Sec.
104.
Section
125.37,
subsection
2,
Code
2023,
is
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amended
to
read
as
follows:
1
2.
Notwithstanding
subsection
1
,
the
director
may
make
2
available
information
from
patients’
records
for
purposes
of
3
research
into
the
causes
and
treatment
of
substance
abuse
use
4
disorder
.
Information
under
this
subsection
shall
not
be
5
published
in
a
way
that
discloses
patients’
names
or
other
6
identifying
information.
7
Sec.
105.
Section
125.39,
Code
2023,
is
amended
to
read
as
8
follows:
9
125.39
Eligible
entities.
10
A
local
governmental
unit
which
is
providing
funds
to
a
11
facility
for
treatment
of
substance
abuse
use
disorder
may
12
request
from
the
facility
a
treatment
program
plan
prior
to
13
authorizing
payment
of
any
claims
filed
by
the
facility.
The
14
governing
body
of
the
local
governmental
unit
may
review
the
15
plan,
but
shall
not
impose
on
the
facility
any
requirement
16
conflicting
with
the
comprehensive
treatment
program
of
the
17
facility.
18
Sec.
106.
Section
125.43,
Code
2023,
is
amended
to
read
as
19
follows:
20
125.43
Funding
at
mental
health
institutes.
21
Chapter
230
governs
the
determination
of
the
costs
22
and
payment
for
treatment
provided
to
persons
with
23
substance-related
disorders
a
substance
use
disorder
in
a
24
mental
health
institute
under
the
department
of
human
services
,
25
except
that
the
charges
are
not
a
lien
on
real
estate
owned
26
by
persons
legally
liable
for
support
of
the
person
with
a
27
substance-related
substance
use
disorder
and
the
daily
per
diem
28
shall
be
billed
at
twenty-five
percent.
The
superintendent
of
29
a
state
hospital
mental
health
institute
shall
total
only
those
30
expenditures
which
can
be
attributed
to
the
cost
of
providing
31
inpatient
treatment
to
persons
with
substance-related
disorders
32
a
substance
use
disorder
for
purposes
of
determining
the
daily
33
per
diem.
Section
125.44
governs
the
determination
of
who
is
34
legally
liable
for
the
cost
of
care,
maintenance,
and
treatment
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of
a
person
with
a
substance-related
substance
use
disorder
and
1
of
the
amount
for
which
the
person
is
liable.
2
Sec.
107.
Section
125.43A,
Code
2023,
is
amended
to
read
as
3
follows:
4
125.43A
Prescreening
——
exception.
5
Except
in
cases
of
medical
emergency
or
court-ordered
6
admissions,
a
person
shall
be
admitted
to
a
state
mental
health
7
institute
for
treatment
of
a
substance-related
substance
use
8
disorder
only
after
a
preliminary
intake
and
assessment
by
a
9
department-licensed
treatment
facility
or
a
hospital
providing
10
care
or
treatment
for
persons
with
substance-related
disorders
11
a
substance
use
disorder
licensed
under
chapter
135B
and
12
accredited
by
the
joint
commission
on
the
accreditation
of
13
health
care
organizations,
the
commission
on
accreditation
14
of
rehabilitation
facilities,
the
American
osteopathic
15
association,
or
another
recognized
organization
approved
by
16
the
board
council
,
or
by
a
designee
of
a
department-licensed
17
treatment
facility
or
a
hospital
other
than
a
state
mental
18
health
institute,
which
confirms
that
the
admission
is
19
appropriate
to
the
person’s
substance-related
substance
use
20
disorder
service
needs.
A
county
board
of
supervisors
may
seek
21
an
admission
of
a
patient
to
a
state
mental
health
institute
22
who
has
not
been
confirmed
for
appropriate
admission
and
the
23
county
shall
be
responsible
for
one
hundred
percent
of
the
cost
24
of
treatment
and
services
of
the
patient.
25
Sec.
108.
Section
125.44,
Code
2023,
is
amended
to
read
as
26
follows:
27
125.44
Agreements
with
facilities
——
liability
for
costs.
28
1.
The
director
may,
consistent
with
the
comprehensive
29
substance
abuse
use
disorder
program,
enter
into
written
30
agreements
with
a
facility
as
defined
in
section
125.2
to
pay
31
for
one
hundred
percent
of
the
cost
of
the
care,
maintenance,
32
and
treatment
of
persons
with
substance-related
disorders
a
33
substance
use
disorder
,
except
when
section
125.43A
applies.
34
All
payments
for
state
patients
shall
be
made
in
accordance
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with
the
limitations
of
this
section
.
Such
contracts
shall
be
1
for
a
period
of
no
more
than
one
year.
2
2.
The
contract
may
be
in
the
form
and
contain
provisions
3
as
agreed
upon
by
the
parties.
The
contract
shall
provide
4
that
the
facility
shall
admit
and
treat
persons
with
5
substance-related
disorders
a
substance
use
disorder
regardless
6
of
where
they
have
residence.
If
one
payment
for
care,
7
maintenance,
and
treatment
is
not
made
by
the
patient
or
8
those
legally
liable
for
the
patient,
the
payment
shall
be
9
made
by
the
department
directly
to
the
facility.
Payments
10
shall
be
made
each
month
and
shall
be
based
upon
the
rate
of
11
payment
for
services
negotiated
between
the
department
and
the
12
contracting
facility.
If
a
facility
projects
a
temporary
cash
13
flow
deficit,
the
department
may
make
cash
advances
at
the
14
beginning
of
each
fiscal
year
to
the
facility.
The
repayment
15
schedule
for
advances
shall
be
part
of
the
contract
between
the
16
department
and
the
facility.
This
section
does
not
pertain
to
17
patients
treated
at
the
mental
health
institutes.
18
3.
If
the
appropriation
to
the
department
is
insufficient
19
to
meet
the
requirements
of
this
section
,
the
department
shall
20
request
a
transfer
of
funds
and
section
8.39
shall
apply.
21
4.
The
person
with
a
substance-related
substance
use
22
disorder
is
legally
liable
to
the
facility
for
the
total
amount
23
of
the
cost
of
providing
care,
maintenance,
and
treatment
for
24
the
person
with
a
substance-related
substance
use
disorder
25
while
a
voluntary
or
committed
patient
in
a
facility.
This
26
section
does
not
prohibit
any
individual
from
paying
any
27
portion
of
the
cost
of
treatment.
28
5.
The
department
is
liable
for
the
cost
of
care,
treatment,
29
and
maintenance
of
persons
with
substance-related
disorders
a
30
substance
use
disorder
admitted
to
the
facility
voluntarily
or
31
pursuant
to
section
125.75
,
125.81
,
or
125.91
or
section
321J.3
32
or
124.409
only
to
those
facilities
that
have
a
contract
with
33
the
department
under
this
section
,
only
for
the
amount
computed
34
according
to
and
within
the
limits
of
liability
prescribed
by
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this
section
,
and
only
when
the
person
with
a
substance-related
1
substance
use
disorder
is
unable
to
pay
the
costs
and
there
is
2
no
other
person,
firm,
corporation,
or
insurance
company
bound
3
to
pay
the
costs.
4
6.
The
department’s
maximum
liability
for
the
costs
of
care,
5
treatment,
and
maintenance
of
persons
with
substance-related
6
disorders
a
substance
use
disorder
in
a
contracting
facility
7
is
limited
to
the
total
amount
agreed
upon
by
the
parties
and
8
specified
in
the
contract
under
this
section
.
9
Sec.
109.
Section
125.46,
Code
2023,
is
amended
to
read
as
10
follows:
11
125.46
County
of
residence
determined.
12
The
facility
shall,
when
a
person
with
a
substance-related
13
substance
use
disorder
is
admitted,
or
as
soon
thereafter
as
14
it
receives
the
proper
information,
determine
and
enter
upon
15
its
records
the
Iowa
county
of
residence
of
the
person
with
a
16
substance-related
substance
use
disorder,
or
that
the
person
17
resides
in
some
other
state
or
country,
or
that
the
person
is
18
unclassified
with
respect
to
residence.
19
Sec.
110.
Section
125.55,
Code
2023,
is
amended
to
read
as
20
follows:
21
125.55
Audits.
22
All
licensed
substance
abuse
use
disorder
programs
are
23
subject
to
annual
audit
either
by
the
auditor
of
state
or
in
24
lieu
of
an
audit
by
the
auditor
of
state
the
substance
abuse
25
use
disorder
program
may
contract
with
or
employ
certified
26
public
accountants
to
conduct
the
audit,
in
accordance
with
27
sections
11.6
,
11.14
,
and
11.19
.
The
audit
format
shall
be
28
as
prescribed
by
the
auditor
of
state.
The
certified
public
29
accountant
shall
submit
a
copy
of
the
audit
to
the
director.
A
30
licensed
substance
abuse
use
disorder
program
is
also
subject
31
to
special
audits
as
the
director
requests.
The
licensed
32
substance
abuse
use
disorder
program
or
the
department
shall
33
pay
all
expenses
incurred
by
the
auditor
of
state
in
conducting
34
an
audit
under
this
section
.
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Sec.
111.
Section
125.58,
Code
2023,
is
amended
to
read
as
1
follows:
2
125.58
Inspection
——
penalties.
3
1.
If
the
department
has
probable
cause
to
believe
that
4
an
institution,
place,
building,
or
agency
not
licensed
as
5
a
substance
abuse
use
disorder
treatment
and
rehabilitation
6
facility
is
in
fact
a
substance
abuse
use
disorder
treatment
7
and
rehabilitation
facility
as
defined
by
this
chapter
,
and
8
is
not
exempt
from
licensing
by
section
125.13,
subsection
2
,
9
the
board
council
may
order
an
inspection
of
the
institution,
10
place,
building,
or
agency.
If
the
inspector
upon
presenting
11
proper
identification
is
denied
entry
for
the
purpose
of
making
12
the
inspection,
the
inspector
may,
with
the
assistance
of
13
the
county
attorney
of
the
county
in
which
the
premises
are
14
located,
apply
to
the
district
court
for
an
order
requiring
15
the
owner
or
occupant
to
permit
entry
and
inspection
of
the
16
premises
to
determine
whether
there
have
been
violations
17
of
this
chapter
.
The
investigation
may
include
review
of
18
records,
reports,
and
documents
maintained
by
the
facility
19
and
interviews
with
staff
members
consistent
with
the
20
confidentiality
safeguards
of
state
and
federal
law.
21
2.
A
person
establishing,
conducting,
managing,
or
22
operating
a
substance
abuse
use
disorder
treatment
and
23
rehabilitation
facility
without
a
license
is
guilty
of
a
24
serious
misdemeanor.
Each
day
of
continued
violation
after
25
conviction
or
notice
from
the
department
by
certified
mail
of
a
26
violation
shall
be
considered
a
separate
offense
or
chargeable
27
offense.
A
person
establishing,
conducting,
managing
or
28
operating
a
substance
abuse
use
disorder
treatment
and
29
rehabilitation
facility
without
a
license
may
be
temporarily
30
or
permanently
restrained
therefrom
by
a
court
of
competent
31
jurisdiction
in
an
action
brought
by
the
state.
32
3.
Notwithstanding
the
existence
or
pursuit
of
any
other
33
remedy,
the
department
may,
in
the
manner
provided
by
law,
34
maintain
an
action
in
the
name
of
the
state
for
injunction
or
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other
process
against
a
person
or
governmental
unit
to
restrain
1
or
prevent
the
establishment,
conduct,
management
or
operation
2
of
a
substance
abuse
use
disorder
treatment
and
rehabilitation
3
facility
without
a
license.
4
Sec.
112.
Section
125.59,
subsection
1,
paragraph
a,
5
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
6
follows:
7
Of
these
funds,
notwithstanding
section
125.13,
subsection
8
1
,
one-half
of
the
transferred
amount
shall
be
used
for
grants
9
to
counties
operating
a
substance
abuse
use
disorder
program
10
involving
only
education,
prevention,
referral
or
posttreatment
11
services,
either
with
the
counties’
own
employees
or
by
12
contract
with
a
nonprofit
corporation.
The
grants
shall
not
13
annually
exceed
ten
thousand
dollars
to
any
one
county,
subject
14
to
the
following
conditions:
15
Sec.
113.
Section
125.59,
subsection
1,
paragraph
b,
Code
16
2023,
is
amended
to
read
as
follows:
17
b.
If
the
transferred
amount
for
this
subsection
exceeds
18
grant
requests
funded
to
the
ten
thousand
dollar
maximum,
19
the
department
of
public
health
may
use
the
remainder
for
20
activities
and
public
information
resources
that
align
with
21
best
practices
for
substance-related
substance
use
disorder
22
prevention
or
to
increase
grants
pursuant
to
subsection
2
.
23
Sec.
114.
Section
125.75,
subsection
1,
Code
2023,
is
24
amended
to
read
as
follows:
25
1.
Proceedings
for
the
involuntary
commitment
or
treatment
26
of
a
person
with
a
substance-related
substance
use
disorder
27
to
a
facility
pursuant
to
this
chapter
or
for
the
involuntary
28
hospitalization
of
a
person
pursuant
to
chapter
229
may
29
be
commenced
by
any
interested
person
by
filing
a
verified
30
application
with
the
clerk
of
the
district
court
of
the
31
county
where
the
respondent
is
presently
located
or
which
32
is
the
respondent’s
place
of
residence.
The
clerk
or
the
33
clerk’s
designee
shall
assist
the
applicant
in
completing
the
34
application.
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Sec.
115.
Section
125.75,
subsection
2,
paragraph
a,
1
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
2
(1)
A
substance-related
substance
use
disorder
as
defined
3
in
section
125.2
.
4
Sec.
116.
Section
125.80,
subsections
3
and
4,
Code
2023,
5
are
amended
to
read
as
follows:
6
3.
If
the
report
of
a
court-designated
licensed
physician
7
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
8
health
professional
is
to
the
effect
that
the
respondent
is
9
not
a
person
with
a
substance-related
substance
use
disorder,
10
the
court,
without
taking
further
action,
shall
terminate
the
11
proceeding
and
dismiss
the
application
on
its
own
motion
and
12
without
notice.
13
4.
If
the
report
of
a
court-designated
licensed
physician
14
and
surgeon
or
osteopathic
physician
and
surgeon
or
mental
15
health
professional
is
to
the
effect
that
the
respondent
is
a
16
person
with
a
substance-related
substance
use
disorder,
the
17
court
shall
schedule
a
commitment
hearing
as
soon
as
possible.
18
The
hearing
shall
be
held
not
more
than
forty-eight
hours
19
after
the
report
is
filed,
excluding
Saturdays,
Sundays,
and
20
holidays,
unless
an
extension
for
good
cause
is
requested
21
by
the
respondent,
or
as
soon
thereafter
as
possible
if
the
22
court
considers
that
sufficient
grounds
exist
for
delaying
the
23
hearing.
24
Sec.
117.
Section
125.81,
subsection
1,
Code
2023,
is
25
amended
to
read
as
follows:
26
1.
If
a
person
filing
an
application
requests
that
a
27
respondent
be
taken
into
immediate
custody,
and
the
court
upon
28
reviewing
the
application
and
accompanying
documentation,
finds
29
probable
cause
to
believe
that
the
respondent
is
a
person
with
30
a
substance-related
substance
use
disorder
who
is
likely
to
31
injure
the
person
or
other
persons
if
allowed
to
remain
at
32
liberty,
the
court
may
enter
a
written
order
directing
that
33
the
respondent
be
taken
into
immediate
custody
by
the
sheriff,
34
and
be
detained
until
the
commitment
hearing,
which
shall
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be
held
no
more
than
five
days
after
the
date
of
the
order,
1
except
that
if
the
fifth
day
after
the
date
of
the
order
is
2
a
Saturday,
Sunday,
or
a
holiday,
the
hearing
may
be
held
on
3
the
next
business
day.
The
court
may
order
the
respondent
4
detained
for
the
period
of
time
until
the
hearing
is
held,
and
5
no
longer
except
as
provided
in
section
125.88
,
in
accordance
6
with
subsection
2
,
paragraph
“a”
,
if
possible,
and
if
not,
then
7
in
accordance
with
subsection
2
,
paragraph
“b”
,
or,
only
if
8
neither
of
these
alternatives
is
available
in
accordance
with
9
subsection
2
,
paragraph
“c”
.
10
Sec.
118.
Section
125.81,
subsection
2,
paragraph
c,
Code
11
2023,
is
amended
to
read
as
follows:
12
c.
In
the
nearest
facility
which
is
licensed
to
care
for
13
persons
with
mental
illness
or
substance
abuse
use
disorder
,
14
provided
that
detention
in
a
jail
or
other
facility
intended
15
for
confinement
of
those
accused
or
convicted
of
a
crime
shall
16
not
be
ordered.
17
Sec.
119.
Section
125.82,
subsections
3
and
4,
Code
2023,
18
are
amended
to
read
as
follows:
19
3.
The
person
who
filed
the
application
and
a
licensed
20
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
21
mental
health
professional,
or
certified
alcohol
and
drug
22
counselor
certified
by
the
nongovernmental
Iowa
board
of
23
substance
abuse
certification
who
has
examined
the
respondent
24
in
connection
with
the
commitment
hearing
shall
be
present
25
at
the
hearing,
unless
the
court
for
good
cause
finds
that
26
their
presence
or
testimony
is
not
necessary.
The
applicant,
27
respondent,
and
the
respondent’s
attorney
may
waive
the
28
presence
or
telephonic
appearance
of
the
licensed
physician
29
and
surgeon
or
osteopathic
physician
and
surgeon,
mental
30
health
professional,
or
certified
alcohol
and
drug
counselor
31
who
examined
the
respondent
and
agree
to
submit
as
evidence
32
the
written
report
of
the
licensed
physician
and
surgeon
or
33
osteopathic
physician
and
surgeon,
mental
health
professional,
34
or
certified
alcohol
and
drug
counselor.
The
respondent’s
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attorney
shall
inform
the
court
if
the
respondent’s
attorney
1
reasonably
believes
that
the
respondent,
due
to
diminished
2
capacity,
cannot
make
an
adequately
considered
waiver
decision.
3
“Good
cause”
for
finding
that
the
testimony
of
the
licensed
4
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
5
mental
health
professional,
or
certified
alcohol
and
drug
6
counselor
who
examined
the
respondent
is
not
necessary
may
7
include,
but
is
not
limited
to,
such
a
waiver.
If
the
court
8
determines
that
the
testimony
of
the
licensed
physician
and
9
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
10
professional,
or
certified
alcohol
and
drug
counselor
is
11
necessary,
the
court
may
allow
the
licensed
physician
and
12
surgeon
or
osteopathic
physician
and
surgeon,
mental
health
13
professional,
or
certified
alcohol
and
drug
counselor
to
14
testify
by
telephone.
The
respondent
shall
be
present
at
the
15
hearing
unless
prior
to
the
hearing
the
respondent’s
attorney
16
stipulates
in
writing
that
the
attorney
has
conversed
with
the
17
respondent,
and
that
in
the
attorney’s
judgment
the
respondent
18
cannot
make
a
meaningful
contribution
to
the
hearing,
or
that
19
the
respondent
has
waived
the
right
to
be
present,
and
the
20
basis
for
the
attorney’s
conclusions.
A
stipulation
to
the
21
respondent’s
absence
shall
be
reviewed
by
the
court
before
the
22
hearing,
and
may
be
rejected
if
it
appears
that
insufficient
23
grounds
are
stated
or
that
the
respondent’s
interests
would
not
24
be
served
by
the
respondent’s
absence.
25
4.
The
respondent’s
welfare
is
paramount,
and
the
hearing
26
shall
be
tried
as
a
civil
matter
and
conducted
in
as
informal
a
27
manner
as
is
consistent
with
orderly
procedure.
The
hearing
28
may
be
held
by
video
conference
at
the
discretion
of
the
29
court.
Discovery
as
permitted
under
the
Iowa
rules
of
civil
30
procedure
is
available
to
the
respondent.
The
court
shall
31
receive
all
relevant
and
material
evidence,
but
the
court
is
32
not
bound
by
the
rules
of
evidence.
A
presumption
in
favor
of
33
the
respondent
exists,
and
the
burden
of
evidence
and
support
34
of
the
contentions
made
in
the
application
shall
be
upon
the
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person
who
filed
the
application.
If
upon
completion
of
the
1
hearing
the
court
finds
that
the
contention
that
the
respondent
2
is
a
person
with
a
substance-related
substance
use
disorder
has
3
not
been
sustained
by
clear
and
convincing
evidence,
the
court
4
shall
deny
the
application
and
terminate
the
proceeding.
5
Sec.
120.
Section
125.83,
Code
2023,
is
amended
to
read
as
6
follows:
7
125.83
Placement
for
evaluation.
8
If
upon
completion
of
the
commitment
hearing,
the
court
9
finds
that
the
contention
that
the
respondent
is
a
person
with
10
a
substance-related
substance
use
disorder
has
been
sustained
11
by
clear
and
convincing
evidence,
the
court
shall
order
the
12
respondent
placed
at
a
facility
or
under
the
care
of
a
suitable
13
facility
on
an
outpatient
basis
as
expeditiously
as
possible
14
for
a
complete
evaluation
and
appropriate
treatment.
The
15
court
shall
furnish
to
the
facility
at
the
time
of
admission
16
or
outpatient
placement,
a
written
statement
of
facts
setting
17
forth
the
evidence
on
which
the
finding
is
based.
The
18
administrator
of
the
facility
shall
report
to
the
court
no
19
more
than
fifteen
days
after
the
individual
is
admitted
to
or
20
placed
under
the
care
of
the
facility,
which
shall
include
the
21
chief
medical
officer’s
recommendation
concerning
treatment
22
of
a
substance-related
substance
use
disorder.
An
extension
23
of
time
may
be
granted
for
a
period
not
to
exceed
seven
days
24
upon
a
showing
of
good
cause.
A
copy
of
the
report
shall
be
25
sent
to
the
respondent’s
attorney
who
may
contest
the
need
26
for
an
extension
of
time
if
one
is
requested.
If
the
request
27
is
contested,
the
court
shall
make
an
inquiry
as
it
deems
28
appropriate
and
may
either
order
the
respondent
released
29
from
the
facility
or
grant
an
extension
of
time
for
further
30
evaluation.
If
the
administrator
fails
to
report
to
the
court
31
within
fifteen
days
after
the
individual
is
admitted
to
the
32
facility,
and
no
extension
of
time
has
been
requested,
the
33
administrator
is
guilty
of
contempt
and
shall
be
punished
34
under
chapter
665
.
The
court
shall
order
a
rehearing
on
the
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application
to
determine
whether
the
respondent
should
continue
1
to
be
held
at
the
facility.
2
Sec.
121.
Section
125.83A,
subsection
1,
Code
2023,
is
3
amended
to
read
as
follows:
4
1.
If
upon
completion
of
the
commitment
hearing,
the
court
5
finds
that
the
contention
that
the
respondent
is
a
person
with
6
a
substance-related
substance
use
disorder
has
been
sustained
7
by
clear
and
convincing
evidence,
and
the
court
is
furnished
8
evidence
that
the
respondent
is
eligible
for
care
and
treatment
9
in
a
facility
operated
by
the
United
States
department
of
10
veterans
affairs
or
another
agency
of
the
United
States
11
government
and
that
the
facility
is
willing
to
receive
the
12
respondent,
the
court
may
so
order.
The
respondent,
when
so
13
placed
in
a
facility
operated
by
the
United
States
department
14
of
veterans
affairs
or
another
agency
of
the
United
States
15
government
within
or
outside
of
this
state,
shall
be
subject
to
16
the
rules
of
the
United
States
department
of
veterans
affairs
17
or
other
agency,
but
shall
not
lose
any
procedural
rights
18
afforded
the
respondent
by
this
chapter
.
The
chief
officer
19
of
the
facility
shall
have,
with
respect
to
the
respondent
20
so
placed,
the
same
powers
and
duties
as
the
chief
medical
21
officer
of
a
hospital
in
this
state
would
have
in
regard
to
22
submission
of
reports
to
the
court,
retention
of
custody,
23
transfer,
convalescent
leave,
or
discharge.
Jurisdiction
24
is
retained
in
the
court
to
maintain
surveillance
of
the
25
respondent’s
treatment
and
care,
and
at
any
time
to
inquire
26
into
the
respondent’s
condition
and
the
need
for
continued
care
27
and
custody.
28
Sec.
122.
Section
125.84,
Code
2023,
is
amended
to
read
as
29
follows:
30
125.84
Evaluation
report.
31
The
facility
administrator’s
report
to
the
court
of
the
32
chief
medical
officer’s
substance
abuse
use
disorder
evaluation
33
of
the
respondent
shall
be
made
no
later
than
the
expiration
of
34
the
time
specified
in
section
125.83
.
At
least
two
copies
of
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the
report
shall
be
filed
with
the
clerk,
who
shall
distribute
1
the
copies
in
the
manner
described
by
section
125.80,
2
subsection
2
.
The
report
shall
state
one
of
the
four
following
3
alternative
findings:
4
1.
That
the
respondent
does
not,
as
of
the
date
of
the
5
report,
require
further
treatment
for
substance
abuse
use
6
disorder
.
If
the
report
so
states,
the
court
shall
order
the
7
respondent’s
immediate
release
from
involuntary
commitment
and
8
terminate
the
proceedings.
9
2.
That
the
respondent
is
a
person
with
a
substance-related
10
substance
use
disorder
who
is
in
need
of
full-time
custody,
11
care,
and
treatment
in
a
facility,
and
is
considered
likely
12
to
benefit
from
treatment.
If
the
report
so
states,
the
13
court
shall
enter
an
order
which
may
require
the
respondent’s
14
continued
placement
and
commitment
to
a
facility
for
15
appropriate
treatment.
16
3.
That
the
respondent
is
a
person
with
a
substance-related
17
substance
use
disorder
who
is
in
need
of
treatment,
but
does
18
not
require
full-time
placement
in
a
facility.
If
the
report
19
so
states,
the
report
shall
include
the
chief
medical
officer’s
20
recommendation
for
treatment
of
the
respondent
on
an
outpatient
21
or
other
appropriate
basis,
and
the
court
shall
enter
an
order
22
which
may
direct
the
respondent
to
submit
to
the
recommended
23
treatment.
The
order
shall
provide
that
if
the
respondent
24
fails
or
refuses
to
submit
to
treatment,
as
directed
by
the
25
court’s
order,
the
court
may
order
that
the
respondent
be
26
taken
into
immediate
custody
as
provided
by
section
125.81
27
and,
following
notice
and
hearing
held
in
accordance
with
28
the
procedures
of
sections
125.77
and
125.82
,
may
order
the
29
respondent
treated
as
a
patient
requiring
full-time
custody,
30
care,
and
treatment
as
provided
in
subsection
2
,
and
may
order
31
the
respondent
involuntarily
committed
to
a
facility.
32
4.
That
the
respondent
is
a
person
with
a
substance-related
33
substance
use
disorder
who
is
in
need
of
treatment,
but
in
34
the
opinion
of
the
chief
medical
officer
is
not
responding
to
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the
treatment
provided.
If
the
report
so
states,
the
report
1
shall
include
the
facility
administrator’s
recommendation
for
2
alternative
placement,
and
the
court
shall
enter
an
order
3
which
may
direct
the
respondent’s
transfer
to
the
recommended
4
placement
or
to
another
placement
after
consultation
with
the
5
respondent’s
attorney
and
the
facility
administrator
who
made
6
the
report
under
this
subsection
.
7
Sec.
123.
Section
125.85,
subsection
1,
Code
2023,
is
8
amended
to
read
as
follows:
9
1.
A
respondent
committed
under
section
125.84,
subsection
10
2
,
shall
remain
in
the
custody
of
a
facility
for
treatment
11
for
a
period
of
thirty
days,
unless
sooner
discharged.
The
12
department
is
not
required
to
pay
the
cost
of
any
medication
or
13
procedure
provided
to
the
respondent
during
that
period
which
14
is
not
necessary
or
appropriate
to
the
specific
objectives
15
of
detoxification
and
treatment
of
substance
abuse
use
16
disorder
.
At
the
end
of
the
thirty-day
period,
the
respondent
17
shall
be
discharged
automatically
unless
the
administrator
18
of
the
facility,
before
expiration
of
the
period,
obtains
a
19
court
order
for
the
respondent’s
recommitment
pursuant
to
an
20
application
under
section
125.75
,
for
a
further
period
not
to
21
exceed
ninety
days.
22
Sec.
124.
Section
125.91,
Code
2023,
is
amended
to
read
as
23
follows:
24
125.91
Emergency
detention.
25
1.
The
procedure
prescribed
by
this
section
shall
only
26
be
used
for
a
person
with
a
substance-related
substance
27
use
disorder
due
to
intoxication
or
substance-induced
28
incapacitation
who
has
threatened,
attempted,
or
inflicted
29
physical
self-harm
or
harm
on
another,
and
is
likely
to
inflict
30
physical
self-harm
or
harm
on
another
unless
immediately
31
detained,
or
who
is
incapacitated
by
a
substance,
if
an
32
application
has
not
been
filed
naming
the
person
as
the
33
respondent
pursuant
to
section
125.75
and
the
person
cannot
be
34
ordered
into
immediate
custody
and
detained
pursuant
to
section
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125.81
.
1
2.
a.
A
peace
officer
who
has
reasonable
grounds
to
believe
2
that
the
circumstances
described
in
subsection
1
are
applicable
3
may,
without
a
warrant,
take
or
cause
that
person
to
be
taken
4
to
the
nearest
available
facility
referred
to
in
section
5
125.81,
subsection
2
,
paragraph
“b”
or
“c”
.
Such
a
person
with
6
a
substance-related
substance
use
disorder
due
to
intoxication
7
or
substance-induced
incapacitation
who
also
demonstrates
8
a
significant
degree
of
distress
or
dysfunction
may
also
9
be
delivered
to
a
facility
by
someone
other
than
a
peace
10
officer
upon
a
showing
of
reasonable
grounds.
Upon
delivery
11
of
the
person
to
a
facility
under
this
section
,
the
attending
12
physician
and
surgeon
or
osteopathic
physician
and
surgeon
may
13
order
treatment
of
the
person,
but
only
to
the
extent
necessary
14
to
preserve
the
person’s
life
or
to
appropriately
control
15
the
person’s
behavior
if
the
behavior
is
likely
to
result
in
16
physical
injury
to
the
person
or
others
if
allowed
to
continue.
17
The
peace
officer
or
other
person
who
delivered
the
person
to
18
the
facility
shall
describe
the
circumstances
of
the
matter
to
19
the
attending
physician
and
surgeon
or
osteopathic
physician
20
and
surgeon.
If
the
person
is
a
peace
officer,
the
peace
21
officer
may
do
so
either
in
person
or
by
written
report.
22
b.
If
the
attending
physician
and
surgeon
or
osteopathic
23
physician
and
surgeon
has
reasonable
grounds
to
believe
that
24
the
circumstances
in
subsection
1
are
applicable,
the
facility
25
shall
have
the
authority
to
detain
the
person
for
a
period
of
26
no
longer
than
twelve
hours.
Within
twelve
hours
of
detaining
27
a
person
pursuant
to
this
section
,
the
attending
physician
28
shall
communicate
with
the
nearest
available
magistrate.
29
c.
Once
contacted
pursuant
to
paragraph
“b”
,
the
magistrate
30
shall,
based
upon
the
circumstances
described
by
the
attending
31
physician
and
surgeon
or
osteopathic
physician
and
surgeon,
32
give
the
attending
physician
and
surgeon
or
osteopathic
33
physician
and
surgeon
oral
instructions
either
directing
that
34
the
person
be
released
forthwith,
or
authorizing
the
person’s
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detention
in
an
appropriate
facility.
The
magistrate
may
also
1
give
oral
instructions
and
order
that
the
detained
person
be
2
transported
to
an
appropriate
facility.
3
d.
If
the
magistrate
orders
that
the
person
be
detained,
the
4
magistrate
shall,
by
the
close
of
business
on
the
next
working
5
day,
file
a
written
order
with
the
clerk
in
the
county
where
it
6
is
anticipated
that
an
application
may
be
filed
under
section
7
125.75
.
The
order
may
be
filed
by
facsimile
if
necessary.
The
8
order
shall
state
the
circumstances
under
which
the
person
was
9
taken
into
custody
or
otherwise
brought
to
a
facility
and
the
10
grounds
supporting
the
finding
of
probable
cause
to
believe
11
that
the
person
is
a
person
with
a
substance-related
substance
12
use
disorder
likely
to
result
in
physical
injury
to
the
person
13
or
others
if
not
detained.
The
order
shall
confirm
the
oral
14
order
authorizing
the
person’s
detention
including
any
order
15
given
to
transport
the
person
to
an
appropriate
facility.
The
16
clerk
shall
provide
a
copy
of
that
order
to
the
attending
17
physician
and
surgeon
or
osteopathic
physician
and
surgeon
at
18
the
facility
to
which
the
person
was
originally
taken,
any
19
subsequent
facility
to
which
the
person
was
transported,
and
20
to
any
law
enforcement
department
or
ambulance
service
that
21
transported
the
person
pursuant
to
the
magistrate’s
order.
22
3.
The
attending
physician
and
surgeon
or
osteopathic
23
physician
and
surgeon
shall
examine
and
may
detain
the
person
24
pursuant
to
the
magistrate’s
order
for
a
period
not
to
exceed
25
forty-eight
hours
from
the
time
the
order
is
dated,
excluding
26
Saturdays,
Sundays,
and
holidays,
unless
the
order
is
dismissed
27
by
a
magistrate.
The
facility
may
provide
treatment
which
is
28
necessary
to
preserve
the
person’s
life
or
to
appropriately
29
control
the
person’s
behavior
if
the
behavior
is
likely
to
30
result
in
physical
injury
to
the
person
or
others
if
allowed
31
to
continue
or
is
otherwise
deemed
medically
necessary
by
32
the
attending
physician
and
surgeon
or
osteopathic
physician
33
and
surgeon
or
mental
health
professional,
but
shall
not
34
otherwise
provide
treatment
to
the
person
without
the
person’s
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consent.
The
person
shall
be
discharged
from
the
facility
and
1
released
from
detention
no
later
than
the
expiration
of
the
2
forty-eight-hour
period,
unless
an
application
for
involuntary
3
commitment
is
filed
with
the
clerk
pursuant
to
section
125.75
.
4
The
detention
of
a
person
by
the
procedure
in
this
section
,
and
5
not
in
excess
of
the
period
of
time
prescribed
by
this
section
,
6
shall
not
render
the
peace
officer,
attending
physician
and
7
surgeon
or
osteopathic
physician
and
surgeon,
or
facility
8
detaining
the
person
liable
in
a
criminal
or
civil
action
9
for
false
arrest
or
false
imprisonment
if
the
peace
officer,
10
attending
physician
and
surgeon
or
osteopathic
physician
11
and
surgeon,
mental
health
professional,
or
facility
had
12
reasonable
grounds
to
believe
that
the
circumstances
described
13
in
subsection
1
were
applicable.
14
4.
The
cost
of
detention
in
a
facility
under
the
procedure
15
prescribed
in
this
section
shall
be
paid
in
the
same
way
as
if
16
the
person
had
been
committed
to
the
facility
pursuant
to
an
17
application
filed
under
section
125.75
.
18
Sec.
125.
Section
125.93,
Code
2023,
is
amended
to
read
as
19
follows:
20
125.93
Commitment
records
——
confidentiality.
21
Records
of
the
identity,
diagnosis,
prognosis,
or
treatment
22
of
a
person
which
are
maintained
in
connection
with
the
23
provision
of
substance
abuse
use
disorder
treatment
services
24
are
confidential,
consistent
with
the
requirements
of
section
25
125.37
,
and
with
the
federal
confidentiality
regulations
26
authorized
by
the
federal
Drug
Abuse
Office
and
Treatment
Act,
27
42
U.S.C.
§290ee
and
the
federal
Comprehensive
Alcohol
Abuse
28
and
Alcoholism
Prevention,
Treatment
and
Rehabilitation
Act,
42
29
U.S.C.
§290dd-2.
However,
such
records
may
be
disclosed
to
an
30
employee
of
the
department
of
corrections,
if
authorized
by
the
31
director
of
the
department
of
corrections,
or
to
an
employee
32
of
a
judicial
district
department
of
correctional
services,
if
33
authorized
by
the
director
of
the
judicial
district
department
34
of
correctional
services.
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Sec.
126.
Section
135.1,
Code
2023,
is
amended
to
read
as
1
follows:
2
135.1
Definitions.
3
For
the
purposes
of
chapter
155
and
Title
IV,
subtitle
2
,
4
excluding
chapter
146
,
unless
otherwise
defined:
5
1.
“Director”
shall
mean
means
the
director
of
public
health
6
and
human
services
.
7
2.
“Health
officer”
means
the
physician,
physician
8
assistant,
advanced
registered
nurse
practitioner,
or
advanced
9
practice
registered
nurse
who
is
the
health
officer
of
the
10
local
board
of
health.
11
3.
“Local
board”
shall
mean
means
the
local
board
of
health.
12
4.
“Physician”
means
a
person
licensed
to
practice
13
medicine
and
surgery,
osteopathic
medicine
and
surgery,
14
chiropractic,
podiatry,
or
optometry
under
the
laws
of
this
15
state;
but
a
person
licensed
as
a
physician
and
surgeon
shall
16
be
designated
as
a
“physician”
or
“surgeon”,
a
person
licensed
17
as
an
osteopathic
physician
and
surgeon
shall
be
designated
18
as
an
“osteopathic
physician”
or
“osteopathic
surgeon”,
a
19
person
licensed
as
a
chiropractor
shall
be
designated
as
a
20
“chiropractor”,
a
person
licensed
as
a
podiatrist
shall
be
21
designated
as
a
“podiatric
physician”,
and
a
person
licensed
22
as
an
optometrist
shall
be
designated
as
an
“optometrist”.
A
23
definition
or
designation
contained
in
this
subsection
shall
24
not
be
interpreted
to
expand
the
scope
of
practice
of
such
25
licensees.
26
5.
“Rules”
shall
include
regulations
and
orders.
27
6.
“State
department”
or
“department”
shall
mean
means
the
28
Iowa
department
of
public
health
and
human
services
.
29
Sec.
127.
Section
135.11,
Code
2023,
is
amended
to
read
as
30
follows:
31
135.11
Duties
Public
health
duties
of
department.
32
The
director
of
public
health
shall
be
the
head
of
the
“Iowa
33
Department
of
Public
Health”,
which
department
shall:
34
1.
Exercise
general
supervision
over
the
public
health,
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promote
public
hygiene
and
sanitation,
prevent
substance
abuse
1
use
disorder
and
unless
otherwise
provided,
enforce
the
laws
2
relating
to
the
same.
3
2.
Conduct
campaigns
for
the
education
of
the
people
in
4
hygiene
and
sanitation.
5
3.
Issue
monthly
health
bulletins
containing
fundamental
6
health
principles
and
other
health
data
deemed
of
public
7
interest.
8
4.
Make
investigations
and
surveys
in
respect
to
the
9
causes
of
disease
and
epidemics,
and
the
effect
of
locality,
10
employment,
and
living
conditions
upon
the
public
health.
For
11
this
purpose
the
department
may
use
the
services
of
the
experts
12
connected
with
the
state
hygienic
laboratory
at
the
state
13
university
of
Iowa
.
14
5.
Establish
stations
throughout
the
state
for
the
15
distribution
of
antitoxins
and
vaccines
to
physicians,
16
druggists
pharmacists
,
and
other
persons,
at
cost.
All
17
antitoxin
and
vaccine
thus
distributed
shall
be
labeled
“Iowa
18
Department
of
Public
Health
and
Human
Services
”.
19
6.
Exercise
general
supervision
over
the
administration
and
20
enforcement
of
the
sexually
transmitted
diseases
and
infections
21
law,
chapter
139A,
subchapter
II
.
22
7.
Exercise
sole
jurisdiction
over
the
disposal
and
23
transportation
of
the
dead
bodies
of
human
beings
and
prescribe
24
the
methods
to
be
used
in
preparing
such
bodies
for
disposal
25
and
transportation.
However,
the
department
may
approve
26
a
request
for
an
exception
to
the
application
of
specific
27
embalming
and
disposition
rules
adopted
pursuant
to
this
28
subsection
if
such
rules
would
otherwise
conflict
with
tenets
29
and
practices
of
a
recognized
religious
denomination
to
which
30
the
deceased
individual
adhered
or
of
which
denomination
the
31
deceased
individual
was
a
member.
The
department
shall
inform
32
the
board
of
mortuary
science
of
any
such
approved
exception
33
which
may
affect
services
provided
by
a
funeral
director
34
licensed
pursuant
to
chapter
156
.
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8.
Establish,
publish,
and
enforce
rules
which
require
1
companies,
corporations,
and
other
entities
to
obtain
a
permit
2
from
the
department
prior
to
scattering
cremated
human
remains.
3
9.
Exercise
general
supervision
over
the
administration
and
4
enforcement
of
the
vital
statistics
law,
chapter
144
.
5
10.
Enforce
the
law
relative
to
chapter
146
and
6
“Health-related
Professions”,
Title
IV,
subtitle
3,
excluding
7
chapter
155.
8
11.
Establish
and
maintain
divisions
as
are
necessary
9
for
the
proper
enforcement
of
the
laws
administered
by
the
10
department.
11
12.
Establish,
publish,
and
enforce
rules
not
inconsistent
12
with
law
for
the
enforcement
of
the
provisions
of
chapter
125
13
and
155,
and
Title
IV,
subtitle
2,
excluding
chapter
146
and
14
for
the
enforcement
of
the
various
laws,
the
administration
and
15
supervision
of
which
are
imposed
upon
the
department.
16
13.
10.
Administer
healthy
aging
and
essential
public
17
health
services
by
approving
grants
of
state
funds
to
the
local
18
boards
of
health
for
the
purposes
of
promoting
healthy
aging
19
throughout
the
lifespan
and
enhancing
health
promotion
and
20
disease
prevention
services,
and
by
providing
guidelines
for
21
the
approval
of
the
grants
and
allocation
of
the
state
funds.
22
Guidelines,
evaluation
requirements
and
formula
allocation
23
procedures
for
the
services
shall
be
established
by
the
24
department
by
rule.
25
14.
11.
Administer
chapters
125
,
136A
,
136C
,
139A
,
142
,
26
142A
,
144
,
and
147A
.
27
15.
Issue
an
annual
report
to
the
governor
as
provided
in
28
section
7E.3,
subsection
4
.
29
16.
12.
Consult
with
the
office
of
statewide
clinical
30
education
programs
at
the
university
of
Iowa
college
of
31
medicine
and
annually
submit
a
report
to
the
general
assembly
32
by
January
15
verifying
the
number
of
physicians
in
active
33
practice
in
Iowa
by
county
who
are
engaged
in
providing
34
obstetrical
care.
To
the
extent
data
are
readily
available,
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the
report
shall
include
information
concerning
the
number
1
of
deliveries
per
year
by
specialty
and
county,
the
age
of
2
physicians
performing
deliveries,
and
the
number
of
current
3
year
graduates
of
the
university
of
Iowa
college
of
medicine
4
and
the
Des
Moines
university
——
osteopathic
medical
center
5
entering
into
residency
programs
in
obstetrics,
gynecology,
6
and
family
practice.
The
report
may
include
additional
7
data
relating
to
access
to
obstetrical
services
that
may
be
8
available.
9
17.
13.
Administer
the
statewide
maternal
and
child
health
10
program
and
the
program
for
children
with
disabilities
by
11
conducting
mobile
and
regional
child
health
specialty
clinics
12
and
conducting
other
activities
to
improve
the
health
of
13
low-income
women
and
children
and
to
promote
the
welfare
of
14
children
with
actual
or
potential
conditions
which
may
cause
15
disabilities
and
children
with
chronic
illnesses
in
accordance
16
with
the
requirements
of
Tit.
V
of
the
federal
Social
Security
17
Act.
The
department
shall
provide
technical
assistance
to
18
encourage
the
coordination
and
collaboration
of
state
agencies
19
in
developing
outreach
centers
which
provide
publicly
supported
20
services
for
pregnant
women,
infants,
and
children.
The
21
department
shall
also,
through
cooperation
and
collaborative
22
agreements
with
the
department
of
human
services
and
the
23
mobile
and
regional
child
health
specialty
clinics,
establish
24
common
intake
proceedings
for
maternal
and
child
health
25
services.
The
department
shall
work
in
cooperation
with
the
26
legislative
services
agency
in
monitoring
the
effectiveness
of
27
the
maternal
and
child
health
centers,
including
the
provision
28
of
transportation
for
patient
appointments
and
the
keeping
of
29
scheduled
appointments.
30
18.
14.
Establish,
publish,
and
enforce
rules
requiring
31
prompt
reporting
of
methemoglobinemia,
pesticide
poisoning,
and
32
the
reportable
poisonings
and
illnesses
established
pursuant
33
to
section
139A.21
.
34
19.
15.
Collect
and
maintain
reports
of
pesticide
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poisonings
and
other
poisonings,
illnesses,
or
injuries
1
caused
by
selected
chemical
or
physical
agents,
2
including
methemoglobinemia
and
pesticide
and
fertilizer
3
hypersensitivity;
and
compile
and
publish,
annually,
a
4
statewide
and
county-by-county
profile
based
on
the
reports.
5
20.
16.
Adopt
rules
which
require
personnel
of
a
licensed
6
hospice,
of
a
homemaker-home
health
aide
provider
agency
7
which
receives
state
homemaker-home
health
aide
funds,
or
of
8
an
agency
which
provides
respite
care
services
and
receives
9
funds
to
complete
training
concerning
blood-borne
pathogens,
10
including
human
immunodeficiency
virus
and
viral
hepatitis,
11
consistent
with
standards
from
the
federal
occupational
safety
12
and
health
administration.
13
21.
17.
Adopt
rules
which
require
all
emergency
medical
14
services
personnel,
fire
fighters,
and
law
enforcement
15
personnel
to
complete
training
concerning
blood-borne
16
pathogens,
including
human
immunodeficiency
virus
and
17
viral
hepatitis,
consistent
with
standards
from
the
federal
18
occupational
safety
and
health
administration.
19
22.
18.
Adopt
rules
which
provide
for
the
testing
of
a
20
convicted
or
alleged
offender
for
the
human
immunodeficiency
21
virus
pursuant
to
sections
915.40
through
915.43
.
The
rules
22
shall
provide
for
the
provision
of
counseling,
health
care,
and
23
support
services
to
the
victim.
24
23.
19.
Establish
ad
hoc
and
advisory
committees
to
the
25
director
in
areas
where
technical
expertise
is
not
otherwise
26
readily
available.
Members
may
be
compensated
for
their
actual
27
and
necessary
expenses
incurred
in
the
performance
of
their
28
duties.
To
encourage
health
consumer
participation,
public
29
members
may
also
receive
a
per
diem
as
specified
in
section
30
7E.6
if
funds
are
available
and
the
per
diem
is
determined
31
to
be
appropriate
by
the
director.
Expense
moneys
paid
to
32
the
members
shall
be
paid
from
funds
appropriated
to
the
33
department.
A
majority
of
the
members
of
such
a
committee
34
constitutes
a
quorum.
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24.
20.
Administer
annual
grants
to
county
boards
of
health
1
for
the
purpose
of
conducting
programs
for
the
testing
of
2
private
water
supply
wells,
the
closing
of
abandoned
private
3
water
supply
wells,
and
the
renovation
or
rehabilitation
of
4
private
water
supply
wells.
Grants
shall
be
funded
through
5
moneys
transferred
to
the
department
from
the
agriculture
6
management
account
of
the
groundwater
protection
fund
pursuant
7
to
section
455E.11,
subsection
2
,
paragraph
“b”
,
subparagraph
8
(2),
subparagraph
division
(b).
The
department
shall
adopt
9
rules
relating
to
the
awarding
of
the
grants.
10
25.
21.
Establish
and
administer,
if
sufficient
funds
11
are
available
to
the
department,
a
program
to
assess
and
12
forecast
health
workforce
supply
and
demand
in
the
state
for
13
the
purpose
of
identifying
current
and
projected
workforce
14
needs.
The
program
may
collect,
analyze,
and
report
data
that
15
furthers
the
purpose
of
the
program.
The
program
shall
not
16
release
information
that
permits
identification
of
individual
17
respondents
of
program
surveys.
18
26.
22.
In
consultation
with
the
advisory
committee
for
19
perinatal
guidelines,
develop
and
maintain
the
statewide
20
perinatal
program
based
on
the
recommendations
of
the
American
21
academy
of
pediatrics
and
the
American
college
of
obstetricians
22
and
gynecologists
contained
in
the
most
recent
edition
of
23
the
guidelines
for
perinatal
care,
and
shall
adopt
rules
in
24
accordance
with
chapter
17A
to
implement
those
recommendations.
25
Hospitals
within
the
state
shall
determine
whether
to
26
participate
in
the
statewide
perinatal
program,
and
select
the
27
hospital’s
level
of
participation
in
the
program.
A
hospital
28
having
determined
to
participate
in
the
program
shall
comply
29
with
the
guidelines
appropriate
to
the
level
of
participation
30
selected
by
the
hospital.
Perinatal
program
surveys
and
31
reports
are
privileged
and
confidential
and
are
not
subject
to
32
discovery,
subpoena,
or
other
means
of
legal
compulsion
for
33
their
release
to
a
person
other
than
the
affected
hospital,
and
34
are
not
admissible
in
evidence
in
a
judicial
or
administrative
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proceeding
other
than
a
proceeding
involving
verification
of
1
the
participating
hospital
under
this
subsection
.
2
27.
23.
In
consultation
with
the
department
of
corrections,
3
the
antibiotic
resistance
task
force,
and
the
American
4
federation
of
state,
county
and
municipal
employees,
develop
5
educational
programs
to
increase
awareness
and
utilization
of
6
infection
control
practices
in
institutions
listed
in
section
7
904.102
.
8
28.
24.
Administer
the
Iowa
youth
survey,
in
collaboration
9
with
other
state
agencies,
as
appropriate,
every
two
years
to
10
students
in
grades
six,
eight,
and
eleven
in
Iowa’s
public
11
and
nonpublic
schools.
Survey
data
shall
be
evaluated
and
12
reported,
with
aggregate
data
available
online
at
the
Iowa
13
youth
survey
internet
site.
14
Sec.
128.
Section
135.14,
Code
2023,
is
amended
to
read
as
15
follows:
16
135.14
State
public
health
dental
director
——
duties
program
.
17
1.
The
position
of
state
public
health
dental
director
is
18
established
within
the
department.
19
2.
The
dental
director
department
shall
perform
all
of
the
20
following
duties:
21
a.
1.
Plan
and
direct
all
work
activities
of
the
statewide
22
public
health
dental
program.
23
b.
2.
Develop
comprehensive
dental
initiatives
for
24
prevention
activities.
25
c.
3.
Evaluate
the
effectiveness
of
the
statewide
public
26
health
dental
program
and
of
program
personnel.
27
d.
Manage
the
oral
and
health
delivery
systems
bureau
28
including
direction,
supervision,
and
fiscal
management
of
29
bureau
staff.
30
e.
4.
Other
related
work
as
required.
31
Sec.
129.
Section
135.15,
Code
2023,
is
amended
to
read
as
32
follows:
33
135.15
Oral
and
health
delivery
systems
bureau
established
——
34
responsibilities
.
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An
oral
and
health
delivery
systems
bureau
is
established
1
within
the
division
of
health
promotion
and
chronic
disease
2
prevention
of
the
department.
The
bureau
department
shall
be
3
responsible
for
all
of
the
following:
4
1.
Providing
population-based
oral
health
services,
5
including
public
health
training,
improvement
of
dental
support
6
systems
for
families,
technical
assistance,
awareness-building
7
activities,
and
educational
services,
at
the
state
and
local
8
level
to
assist
Iowans
in
maintaining
optimal
oral
health
9
throughout
all
stages
of
life.
10
2.
Performing
infrastructure
building
and
enabling
services
11
through
the
administration
of
state
and
federal
grant
programs
12
targeting
access
improvement,
prevention,
and
local
oral
13
health
programs
utilizing
maternal
and
child
health
programs,
14
Medicaid,
and
other
new
or
existing
programs.
15
3.
Leveraging
federal,
state,
and
local
resources
for
16
programs
under
the
purview
of
the
bureau
department
.
17
4.
Facilitating
ongoing
strategic
planning
and
application
18
of
evidence-based
research
in
oral
health
care
policy
19
development
that
improves
oral
health
care
access
and
the
20
overall
oral
health
of
all
Iowans.
21
5.
Developing
and
implementing
an
ongoing
oral
health
22
surveillance
system
for
the
evaluation
and
monitoring
of
23
the
oral
health
status
of
children
and
other
underserved
24
populations.
25
6.
Facilitating
the
provision
of
oral
health
services
26
through
dental
homes.
For
the
purposes
of
this
section
,
27
“dental
home”
means
a
network
of
individualized
care
based
on
28
risk
assessment,
which
includes
oral
health
education,
dental
29
screenings,
preventive
services,
diagnostic
services,
treatment
30
services,
and
emergency
services.
31
Sec.
130.
Section
135.16A,
subsection
2,
Code
2023,
is
32
amended
to
read
as
follows:
33
2.
a.
The
department
of
inspections
and
appeals
shall
34
assist
the
Iowa
department
of
public
health
in
adopting
rules
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necessary
to
implement
and
administer
this
section
.
1
b.
If
necessary
to
implement,
administer,
and
enforce
this
2
section
,
the
Iowa
department
of
public
health
,
in
cooperation
3
with
the
department
of
agriculture
and
land
stewardship,
shall
4
submit
a
request
to
the
United
States
department
of
agriculture
5
for
a
waiver
or
other
exception
from
regulations
as
deemed
6
feasible
by
the
Iowa
department
of
public
health
.
The
Iowa
7
department
of
public
health
shall
regularly
report
the
status
8
of
such
request
to
the
legislative
services
agency.
9
Sec.
131.
Section
135.22A,
subsection
2,
Code
2023,
is
10
amended
to
read
as
follows:
11
2.
The
advisory
council
on
brain
injuries
is
established.
12
The
following
persons
or
their
designees
shall
serve
as
ex
13
officio,
nonvoting
members
of
the
council:
14
a.
The
director
of
public
health
and
human
services
or
the
15
director’s
designee
.
16
b.
The
director
of
human
services
and
any
division
17
administrators
of
the
department
of
human
services
so
assigned
18
by
the
director.
19
c.
b.
The
director
of
the
department
of
education.
20
d.
c.
The
chief
of
the
special
education
bureau
of
the
21
department
of
education.
22
e.
d.
The
administrator
of
the
division
of
vocational
23
rehabilitation
services
of
the
department
of
education
24
workforce
development
.
25
f.
e.
The
director
of
the
department
for
the
blind.
26
Sec.
132.
Section
135.22B,
subsections
1,
2,
6,
and
7,
Code
27
2023,
are
amended
to
read
as
follows:
28
1.
Definitions.
For
the
purposes
of
this
section
:
,
29
a.
“Brain
injury
services
waiver”
“brain
injury
services
30
waiver”
means
the
state’s
medical
assistance
home
and
31
community-based
services
waiver
for
persons
with
brain
injury
32
implemented
under
chapter
249A
.
33
b.
“Program
administrator”
means
the
division
of
the
34
department
designated
to
administer
the
brain
injury
services
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program
in
accordance
with
subsection
2
.
1
2.
Program
created.
2
a.
A
brain
injury
services
program
is
created
and
shall
be
3
administered
by
a
division
of
the
Iowa
department
of
public
4
health
in
cooperation
with
counties
and
the
department
of
human
5
services
.
6
b.
The
division
of
the
department
assigned
to
administer
the
7
advisory
council
on
brain
injuries
under
section
135.22A
shall
8
be
the
program
administrator.
The
division
department’s
duties
9
shall
include
but
are
not
limited
to
serving
as
the
fiscal
10
agent
and
contract
administrator
for
the
program
and
providing
11
program
oversight.
12
c.
The
division
department
shall
consult
with
the
advisory
13
council
on
brain
injuries,
established
pursuant
to
section
14
135.22A
,
regarding
the
program
and
shall
report
to
the
council
15
concerning
the
program
at
least
quarterly.
The
council
shall
16
make
recommendations
to
the
department
concerning
the
program’s
17
operation.
18
6.
Cost-share
requirements.
19
a.
The
cost-share
component’s
financial
eligibility
20
requirements
shall
be
established
in
administrative
rule.
In
21
establishing
the
requirements,
the
department
shall
consider
22
the
eligibility
and
cost-share
requirements
used
for
the
hawk-i
23
Hawki
program
under
chapter
514I
.
24
b.
An
individual’s
cost-share
responsibility
for
services
25
under
the
cost-share
component
shall
be
determined
on
a
26
sliding
scale
based
upon
the
individual’s
family
income.
An
27
individual’s
cost-share
shall
be
assessed
as
a
copayment,
which
28
shall
not
exceed
thirty
percent
of
the
cost
payable
for
the
29
service.
30
c.
The
service
provider
shall
bill
the
department
for
the
31
portion
of
the
cost
payable
for
the
service
that
is
not
covered
32
by
the
individual’s
copayment
responsibility.
33
7.
Application
process.
34
a.
The
application
materials
for
services
under
the
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cost-share
component
of
the
brain
injury
services
program
1
shall
use
the
application
form
and
other
materials
of
the
2
brain
injury
services
waiver.
In
order
to
apply
for
the
brain
3
injury
services
program,
the
applicant
must
authorize
the
4
department
of
human
services
to
provide
the
applicant’s
waiver
5
application
materials
to
the
brain
injury
services
program.
6
The
application
materials
provided
shall
include
but
are
not
7
limited
to
the
waiver
application
and
any
denial
letter,
8
financial
assessment,
and
functional
assessment
regarding
the
9
person.
10
b.
If
a
functional
assessment
for
the
waiver
has
not
11
been
completed
due
to
a
person’s
financial
ineligibility
for
12
the
waiver,
the
brain
injury
services
program
may
provide
13
for
a
functional
assessment
to
determine
the
person’s
needs
14
by
reimbursing
the
department
of
human
services
for
the
15
assessment.
16
c.
The
program
administrator
department
shall
file
copies
17
of
the
individual’s
application
and
needs
assessment
with
the
18
program
resource
facilitator
assigned
to
the
individual’s
19
geographic
area.
20
d.
The
department’s
program
administrator
department
shall
21
make
a
final
determination
as
to
whether
program
funding
will
22
be
authorized
under
the
cost-share
component.
23
Sec.
133.
Section
135.24,
subsection
2,
unnumbered
24
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
25
The
department
,
in
consultation
with
the
department
of
human
26
services,
shall
adopt
rules
to
implement
the
volunteer
health
27
care
provider
program
which
shall
include
the
following:
28
Sec.
134.
Section
135.24A,
Code
2023,
is
amended
to
read
as
29
follows:
30
135.24A
Free
clinics
——
volunteer
record
check.
31
1.
For
purposes
of
this
section
,
“free
clinic”
means
a
free
32
clinic
as
defined
in
section
135.24
that
is
also
a
network
33
of
free
clinics
in
this
state
that
offers
operational
and
34
collaborative
opportunities
to
free
clinics.
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2.
Persons
who
are
potential
volunteers
or
volunteers
in
1
a
free
clinic
in
a
position
having
direct
individual
contact
2
with
patients
of
the
free
clinic
shall
be
subject
to
criminal
3
history
and
child
and
dependent
adult
abuse
record
checks
in
4
accordance
with
this
section
.
The
free
clinic
shall
request
5
that
the
department
of
public
safety
perform
the
criminal
6
history
check
and
the
record
check
evaluation
system
of
the
7
department
of
health
and
human
services
perform
child
and
8
dependent
adult
abuse
record
checks
of
the
person
in
this
state
9
and
may
request
these
checks
in
other
states.
10
3.
A
free
clinic
subject
to
this
section
shall
establish
11
an
evaluation
process
to
determine
whether
a
crime
of
founded
12
child
or
dependent
adult
abuse
warrants
prohibition
of
the
13
person’s
participation
as
a
volunteer
in
the
free
clinic.
14
The
evaluation
process
shall
not
be
less
stringent
than
15
the
evaluation
process
performed
by
the
department
of
human
16
services
record
check
evaluation
system
and
shall
be
approved
17
by
the
department
of
human
services
.
18
Sec.
135.
Section
135.25,
Code
2023,
is
amended
to
read
as
19
follows:
20
135.25
Emergency
medical
services
fund.
21
An
emergency
medical
services
fund
is
created
in
the
state
22
treasury
under
the
control
of
the
department.
The
fund
23
includes,
but
is
not
limited
to,
amounts
appropriated
by
the
24
general
assembly,
amounts
transferred
pursuant
to
section
25
602.8108,
subsection
4
,
and
other
moneys
available
from
26
federal
or
private
sources
which
are
to
be
used
for
purposes
27
of
this
section
.
Funds
remaining
in
the
fund
at
the
end
of
28
each
fiscal
year
shall
not
revert
to
the
general
fund
of
the
29
state
but
shall
remain
in
the
emergency
medical
services
fund,
30
notwithstanding
section
8.33
.
The
fund
is
established
to
31
assist
counties
by
matching,
on
a
dollar-for-dollar
basis,
32
moneys
spent
by
a
county
for
the
acquisition
of
equipment
for
33
the
provision
of
emergency
medical
services
and
by
providing
34
grants
to
counties
for
education
and
training
in
the
delivery
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of
emergency
medical
services,
as
provided
in
this
section
and
1
section
422D.6
.
A
county
seeking
matching
funds
under
this
2
section
shall
apply
to
the
emergency
medical
services
division
3
of
the
department.
The
department
shall
adopt
rules
concerning
4
the
application
and
awarding
process
for
the
matching
funds
and
5
the
criteria
for
the
allocation
of
moneys
in
the
fund
if
the
6
moneys
are
insufficient
to
meet
the
emergency
medical
services
7
needs
of
the
counties.
Moneys
allocated
by
the
department
to
a
8
county
for
emergency
medical
services
purposes
may
be
used
for
9
equipment
or
training
and
education
as
determined
by
the
board
10
of
supervisors
pursuant
to
section
422D.6
.
11
Sec.
136.
Section
135.36,
Code
2023,
is
amended
to
read
as
12
follows:
13
135.36
Interference
with
health
department
officer
——
14
penalties.
15
Any
person
resisting
or
interfering
with
the
department,
its
16
employees,
or
authorized
agents,
in
the
discharge
of
any
duty
17
imposed
by
law
shall
be
guilty
of
a
simple
misdemeanor.
18
Sec.
137.
Section
135.39,
Code
2023,
is
amended
to
read
as
19
follows:
20
135.39
Federal
aid.
21
The
state
department
of
public
health
is
hereby
authorized
22
to
may
accept
financial
aid
from
the
government
of
the
United
23
States
for
the
purpose
of
assisting
in
carrying
on
public
24
health
or
substance
abuse
use
disorder
responsibility
in
the
25
state
of
Iowa.
26
Sec.
138.
Section
135.39B,
subsection
3,
Code
2023,
is
27
amended
to
read
as
follows:
28
3.
The
prohibition
under
this
section
shall
not
apply
to
29
early
childhood
immunizations
for
influenza
or
in
times
of
30
emergency
or
epidemic
as
determined
by
the
director
of
public
31
health
.
If
an
emergency
or
epidemic
is
determined
to
exist
32
by
the
director
of
public
health
under
this
subsection
,
the
33
director
of
public
health
shall
notify
the
state
board
of
34
council
on
health
and
human
services
,
the
governor,
and
the
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legislative
council,
and
shall
notify
the
public
upon
request.
1
Sec.
139.
Section
135.39E,
Code
2023,
is
amended
to
read
as
2
follows:
3
135.39E
Fluoridation
in
public
water
supply
——
notice
of
4
discontinuance.
5
1.
At
least
ninety
days
prior
to
taking
any
action
to
6
permanently
discontinue
fluoridation
in
its
water
supply,
an
7
owner
or
operator
of
a
public
water
supply
system,
as
defined
8
in
section
455B.171
,
shall
provide
notice
to
the
oral
and
9
health
delivery
systems
bureau
established
in
section
135.15
10
department
and
the
public
water
supply
system’s
customers.
11
2.
In
order
to
provide
notice
to
its
customers,
the
owner
or
12
operator
of
the
public
water
supply
system
shall
place
a
notice
13
on
each
customer’s
water
bill
or
provide
notice
in
a
way
that
14
is
reasonably
calculated
so
that
all
customers
will
receive
the
15
notice.
16
3.
Section
135.38
does
not
apply
to
violations
of
this
17
section
.
18
Sec.
140.
Section
135.43,
Code
2023,
is
amended
to
read
as
19
follows:
20
135.43
Iowa
child
death
review
team
established
——
duties.
21
1.
An
Iowa
child
death
review
team
is
established
as
part
22
of
the
office
of
the
state
medical
examiner
in
the
department
.
23
The
office
of
the
state
medical
examiner
department
shall
24
provide
staffing
and
administrative
support
to
the
team.
25
2.
The
membership
of
the
review
team
is
subject
to
the
26
provisions
of
sections
69.16
and
69.16A
,
relating
to
political
27
affiliation
and
gender
balance.
Review
team
members
who
28
are
not
designated
by
another
appointing
authority
shall
be
29
appointed
by
the
state
medical
examiner
director
.
Membership
30
terms
shall
be
for
three
years.
A
membership
vacancy
shall
be
31
filled
in
the
same
manner
as
the
original
appointment.
The
32
review
team
shall
elect
a
chairperson
and
other
officers
as
33
deemed
necessary
by
the
review
team.
The
review
team
shall
34
meet
upon
the
call
of
the
state
medical
examiner
director
or
as
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determined
by
the
review
team.
The
review
team
shall
include
1
the
following:
2
a.
The
state
medical
examiner
or
the
state
medical
3
examiner’s
designee.
4
b.
A
certified
or
licensed
professional
who
is
knowledgeable
5
concerning
sudden
infant
death
syndrome.
6
c.
A
pediatrician
who
is
knowledgeable
concerning
deaths
of
7
children.
8
d.
A
family
practice
physician
who
is
knowledgeable
9
concerning
deaths
of
children.
10
e.
One
mental
health
professional
who
is
knowledgeable
11
concerning
deaths
of
children.
12
f.
One
social
worker
who
is
knowledgeable
concerning
deaths
13
of
children.
14
g.
A
certified
or
licensed
professional
who
is
knowledgeable
15
concerning
domestic
violence.
16
h.
A
professional
who
is
knowledgeable
concerning
substance
17
abuse
use
disorder
.
18
i.
A
local
law
enforcement
official.
19
j.
A
county
attorney.
20
k.
An
emergency
room
nurse
who
is
knowledgeable
concerning
21
the
deaths
of
children.
22
l.
A
perinatal
expert.
23
m.
A
representative
of
the
health
insurance
industry.
24
n.
One
other
member
who
is
appointed
at
large.
25
3.
The
review
team
shall
perform
the
following
duties:
26
a.
Collect,
review,
and
analyze
child
death
certificates
and
27
child
death
data,
including
patient
records
or
other
pertinent
28
confidential
information
concerning
the
deaths
of
children
29
under
age
eighteen,
and
other
information
as
the
review
team
30
deems
appropriate
for
use
in
preparing
an
annual
report
to
the
31
governor
and
the
general
assembly
concerning
the
causes
and
32
manner
of
child
deaths.
The
report
shall
include
analysis
of
33
factual
information
obtained
through
review
and
recommendations
34
regarding
prevention
of
child
deaths.
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b.
Recommend
to
the
governor
and
the
general
assembly
1
interventions
to
prevent
deaths
of
children
based
on
an
2
analysis
of
the
cause
and
manner
of
such
deaths.
3
c.
Recommend
to
the
agencies
represented
on
the
review
team
4
changes
which
may
prevent
child
deaths.
5
d.
Except
as
authorized
by
this
section
,
maintain
the
6
confidentiality
of
any
patient
records
or
other
confidential
7
information
reviewed.
8
e.
Recommend
to
the
department
of
human
services
,
9
appropriate
law
enforcement
agencies,
and
any
other
person
10
involved
with
child
protection,
interventions
that
may
prevent
11
harm
to
a
child
who
is
related
to
or
is
living
in
the
same
home
12
as
a
child
whose
case
is
reviewed
by
the
team.
13
f.
If
the
sharing
of
information
is
necessary
to
assist
in
14
or
initiate
a
child
death
investigation
or
criminal
prosecution
15
and
the
office
or
agency
receiving
the
information
does
not
16
otherwise
have
access
to
the
information,
share
information
17
possessed
by
the
review
team
with
the
office
of
the
attorney
18
general,
a
county
attorney’s
office,
or
an
appropriate
19
law
enforcement
agency.
The
office
or
agency
receiving
20
the
information
shall
maintain
the
confidentiality
of
the
21
information
in
accordance
with
this
section
.
Unauthorized
22
release
or
disclosure
of
the
information
received
is
subject
to
23
penalty
as
provided
in
this
section
.
24
g.
In
order
to
assist
a
division
of
the
department
in
25
performing
the
division’s
department’s
duties,
if
the
division
26
department
does
not
otherwise
have
access
to
the
information,
27
share
information
possessed
by
the
review
team.
The
division
28
receiving
recipient
of
the
information
shall
maintain
the
29
confidentiality
of
the
information
in
accordance
with
this
30
section
.
Unauthorized
release
or
disclosure
of
the
information
31
received
is
subject
to
penalty
as
provided
in
this
section
.
32
4.
The
review
team
department
shall
develop
protocols
for
a
33
child
fatality
review
committee,
to
be
appointed
by
the
state
34
medical
examiner
director
on
an
ad
hoc
basis,
to
immediately
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review
the
child
abuse
assessments
which
involve
the
fatality
1
of
a
child
under
age
eighteen.
The
state
medical
examiner
2
director
shall
appoint
a
medical
examiner,
a
pediatrician,
and
3
a
person
involved
with
law
enforcement
to
the
committee.
4
a.
The
purpose
of
the
review
shall
be
to
determine
5
whether
the
department
of
human
services
and
others
involved
6
with
the
case
of
child
abuse
responded
appropriately.
The
7
protocols
shall
provide
for
the
committee
to
consult
with
any
8
multidisciplinary
team,
as
defined
in
section
235A.13
,
that
9
is
operating
in
the
area
in
which
the
fatality
occurred.
The
10
protocols
shall
also
ensure
that
a
member
of
the
child
fatality
11
review
committee
does
not
have
a
conflict
of
interest
regarding
12
the
child
fatality
under
review.
13
b.
The
committee
shall
have
access
to
patient
records
14
and
other
pertinent
confidential
information
and,
subject
to
15
the
restrictions
in
this
subsection
,
may
redisseminate
the
16
confidential
information
in
the
committee’s
report.
17
c.
Upon
completion
of
the
review,
the
committee
shall
issue
18
a
report
which
shall
include
findings
concerning
the
case
and
19
recommendations
for
changes
to
prevent
child
fatalities
when
20
similar
circumstances
exist.
The
report
shall
include
but
21
is
not
limited
to
the
following
information,
subject
to
the
22
restrictions
listed
in
paragraph
“d”
:
23
(1)
The
dates,
outcomes,
and
results
of
any
actions
taken
by
24
the
department
of
human
services
and
others
in
regard
to
each
25
report
and
allegation
of
child
abuse
involving
the
child
who
26
died.
27
(2)
The
results
of
any
review
of
the
case
performed
by
a
28
multidisciplinary
team,
or
by
any
other
public
entity
that
29
reviewed
the
case.
30
(3)
Confirmation
of
receipt
by
the
department
of
human
31
services
of
any
report
of
child
abuse
involving
the
child,
32
including
confirmation
as
to
whether
or
not
any
assessment
33
involving
the
child
was
performed
in
accordance
with
section
34
232.71B
,
the
results
of
any
assessment,
a
description
of
the
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most
recent
assessment
and
the
services
offered
to
the
family,
1
the
services
rendered
to
the
family,
and
the
basis
for
the
2
department’s
decisions
concerning
the
case.
3
d.
Prior
to
issuing
the
report,
the
committee
shall
consult
4
with
the
county
attorney
responsible
for
prosecution
of
the
5
alleged
perpetrator
of
the
child
fatality.
The
committee’s
6
report
shall
include
child
abuse
information
associated
with
7
the
case
and
the
child,
but
is
subject
to
the
restrictions
8
applicable
to
the
department
of
human
services
for
release
of
9
information
concerning
a
child
fatality
or
near
fatality
in
10
accordance
with
section
235A.15,
subsection
9
.
11
e.
Following
the
completion
of
the
trial
of
any
alleged
12
perpetrator
of
the
child
fatality
and
the
appeal
period
13
for
the
granting
of
a
new
trial,
the
committee
shall
issue
14
a
supplemental
report
containing
the
information
that
was
15
withheld,
in
accordance
with
paragraph
“d”
,
so
as
not
to
16
jeopardize
the
prosecution
or
the
rights
of
the
alleged
17
perpetrator
to
a
fair
trial
as
described
in
section
235A.15,
18
subsection
9
,
paragraphs
“e”
and
“f”
.
19
f.
The
report
and
any
supplemental
report
shall
be
submitted
20
to
the
governor
and
general
assembly.
21
g.
If
deemed
appropriate
by
the
committee,
at
any
point
22
in
the
review
the
committee
may
recommend
to
the
department
23
of
human
services
,
appropriate
law
enforcement
agencies,
and
24
any
other
person
involved
with
child
protection,
interventions
25
that
may
prevent
harm
to
a
child
who
is
related
to
or
is
living
26
in
the
same
home
as
a
child
whose
case
is
reviewed
by
the
27
committee.
28
5.
a.
The
following
individuals
shall
designate
a
liaison
29
to
assist
the
review
team
in
fulfilling
its
responsibilities:
30
(1)
The
director
of
public
health
and
human
services
.
31
(2)
The
director
of
human
services.
32
(3)
(2)
The
commissioner
of
public
safety.
33
(4)
(3)
The
attorney
general.
34
(5)
(4)
The
director
of
transportation.
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(6)
(5)
The
director
of
the
department
of
education.
1
b.
In
addition,
the
chairperson
of
the
review
team
2
department
shall
designate
a
liaison
from
the
public
at
large
3
to
assist
the
review
team
in
fulfilling
its
responsibilities.
4
6.
The
review
team
may
establish
subcommittees
to
which
the
5
team
may
delegate
some
or
all
of
the
team’s
responsibilities
6
under
subsection
3
.
7
7.
a.
The
state
medical
examiner,
the
Iowa
department
8
of
public
health,
and
the
department
of
human
services
shall
9
adopt
rules
providing
for
disclosure
of
information
which
is
10
confidential
under
chapter
22
or
any
other
provision
of
state
11
law,
to
the
review
team
for
purposes
of
performing
its
child
12
death
and
child
abuse
review
responsibilities.
13
b.
A
person
in
possession
or
control
of
medical,
14
investigative,
assessment,
or
other
information
pertaining
to
a
15
child
death
and
child
abuse
review
shall
allow
the
inspection
16
and
reproduction
of
the
information
by
the
office
of
the
state
17
medical
examiner
department
upon
the
request
of
the
office
18
department
,
to
be
used
only
in
the
administration
and
for
19
the
duties
of
the
Iowa
child
death
review
team.
Except
as
20
provided
for
a
report
on
a
child
fatality
by
an
ad
hoc
child
21
fatality
review
committee
under
subsection
4
,
information
and
22
records
produced
under
this
section
which
are
confidential
23
under
section
22.7
and
chapter
235A
,
and
information
or
records
24
received
from
the
confidential
records,
remain
confidential
25
under
this
section
.
A
person
does
not
incur
legal
liability
26
by
reason
of
releasing
information
to
the
department
or
the
27
office
of
the
state
medical
examiner
as
required
under
and
in
28
compliance
with
this
section
.
29
8.
Review
team
members
and
their
agents
are
immune
from
any
30
liability,
civil
or
criminal,
which
might
otherwise
be
incurred
31
or
imposed
as
a
result
of
any
act,
omission,
proceeding,
32
decision,
or
determination
undertaken
or
performed,
or
33
recommendation
made
as
a
review
team
member
or
agent
provided
34
that
the
review
team
members
or
agents
acted
in
good
faith
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and
without
malice
in
carrying
out
their
official
duties
in
1
their
official
capacity.
The
state
medical
examiner
department
2
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
3
this
subsection
.
A
complainant
bears
the
burden
of
proof
in
4
establishing
malice
or
lack
of
good
faith
in
an
action
brought
5
against
review
team
members
involving
the
performance
of
their
6
duties
and
powers
under
this
section
.
7
9.
A
person
who
releases
or
discloses
confidential
data,
8
records,
or
any
other
type
of
information
in
violation
of
this
9
section
is
guilty
of
a
serious
misdemeanor.
10
Sec.
141.
Section
135.61,
subsection
12,
Code
2023,
is
11
amended
to
read
as
follows:
12
12.
“Health
services”
means
clinically
related
diagnostic,
13
curative,
or
rehabilitative
services,
and
includes
alcoholism,
14
drug
abuse,
substance
use
disorder
and
mental
health
services.
15
Sec.
142.
Section
135.100,
subsection
1,
Code
2023,
is
16
amended
to
read
as
follows:
17
1.
“Department”
means
the
Iowa
department
of
public
health
18
and
human
services
.
19
Sec.
143.
Section
135.101,
Code
2023,
is
amended
to
read
as
20
follows:
21
135.101
Childhood
lead
poisoning
prevention
program.
22
There
is
established
a
childhood
lead
poisoning
prevention
23
program
within
the
Iowa
department
of
public
health
.
The
24
department
shall
implement
and
review
programs
necessary
to
25
eliminate
potentially
dangerous
toxic
lead
levels
in
children
26
in
Iowa
in
a
year
for
which
funds
are
appropriated
to
the
27
department
for
this
purpose.
28
Sec.
144.
Section
135.106,
subsection
1,
unnumbered
29
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
30
The
Iowa
department
of
public
health
shall
establish
a
31
healthy
opportunities
for
parents
to
experience
success
(HOPES)
32
–
healthy
families
Iowa
(HFI)
program
to
provide
services
to
33
families
and
children
during
the
prenatal
through
preschool
34
years.
The
program
shall
be
designed
to
do
all
of
the
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following:
1
Sec.
145.
Section
135.106,
subsection
2,
unnumbered
2
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
3
The
HOPES-HFI
program
shall
be
developed
by
the
Iowa
4
department
of
public
health
,
and
may
be
implemented,
in
5
whole
or
in
part,
by
contracting
with
a
nonprofit
child
6
abuse
prevention
organization,
local
nonprofit
certified
home
7
health
program
or
other
local
nonprofit
organizations,
and
8
shall
include,
but
is
not
limited
to,
all
of
the
following
9
components:
10
Sec.
146.
Section
135.106,
subsection
3,
Code
2023,
is
11
amended
to
read
as
follows:
12
3.
It
is
the
intent
of
the
general
assembly
to
provide
13
communities
with
the
discretion
and
authority
to
redesign
14
existing
local
programs
and
services
targeted
at
and
assisting
15
families
expecting
babies
and
families
with
children
who
16
are
newborn
through
five
years
of
age.
The
Iowa
department
17
of
public
health,
department
of
human
services
,
department
18
of
education,
and
other
state
agencies
and
programs,
as
19
appropriate,
shall
provide
technical
assistance
and
support
20
to
communities
desiring
to
redesign
their
local
programs
and
21
shall
facilitate
the
consolidation
of
existing
state
funding
22
appropriated
and
made
available
to
the
community
for
family
23
support
services.
Funds
which
are
consolidated
in
accordance
24
with
this
subsection
shall
be
used
to
support
the
redesigned
25
service
delivery
system.
In
redesigning
services,
communities
26
are
encouraged
to
implement
a
single
uniform
family
risk
27
assessment
mechanism
and
shall
demonstrate
the
potential
for
28
improved
outcomes
for
children
and
families.
Requests
by
29
local
communities
for
the
redesigning
of
services
shall
be
30
submitted
to
the
Iowa
department
of
public
health,
department
31
of
human
services,
and
the
department
of
education,
and
are
32
subject
to
the
approval
of
the
early
childhood
Iowa
state
board
33
in
consultation
with
the
departments,
based
on
the
practices
34
utilized
with
early
childhood
Iowa
areas
under
chapter
256I
.
35
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Sec.
147.
Section
135.107,
Code
2023,
is
amended
to
read
as
1
follows:
2
135.107
Center
for
rural
Rural
health
and
primary
care
3
established
——
duties.
4
1.
The
center
for
rural
health
and
primary
care
is
5
established
within
the
department.
6
2.
1.
The
center
for
rural
health
and
primary
care
7
department
shall
do
all
of
the
following:
8
a.
Provide
technical
planning
assistance
to
rural
9
communities
and
counties
exploring
innovative
means
of
10
delivering
rural
health
services
through
community
health
11
services
assessment,
planning,
and
implementation,
including
12
but
not
limited
to
hospital
conversions,
cooperative
agreements
13
among
hospitals,
physician
and
health
practitioner
support,
14
recruitment
and
retention
of
primary
health
care
providers,
15
public
health
services,
emergency
medical
services,
medical
16
assistance
facilities,
rural
health
care
clinics,
and
17
alternative
means
which
may
be
included
in
the
long-term
18
community
health
services
assessment
and
developmental
plan.
19
The
center
for
rural
health
and
primary
care
department
20
shall
encourage
collaborative
efforts
of
the
local
boards
of
21
health,
hospital
governing
boards,
and
other
public
and
private
22
entities
located
in
rural
communities
to
adopt
a
long-term
23
community
health
services
assessment
and
developmental
plan
24
pursuant
to
rules
adopted
by
the
department
and
perform
the
25
duties
required
of
the
Iowa
department
of
public
health
in
26
section
135B.33
.
27
b.
Provide
technical
assistance
to
assist
rural
communities
28
in
improving
Medicare
reimbursements
through
the
establishment
29
of
rural
health
clinics,
defined
pursuant
to
42
U.S.C.
§1395x,
30
and
distinct
part
skilled
nursing
facility
beds.
31
c.
Coordinate
services
to
provide
research
for
the
following
32
items:
33
(1)
Examination
of
the
prevalence
of
rural
occupational
34
health
injuries
in
the
state.
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(2)
Assessment
of
training
and
continuing
education
1
available
through
local
hospitals
and
others
relating
to
2
diagnosis
and
treatment
of
diseases
associated
with
rural
3
occupational
health
hazards.
4
(3)
Determination
of
continuing
education
support
necessary
5
for
rural
health
practitioners
to
diagnose
and
treat
illnesses
6
caused
by
exposure
to
rural
occupational
health
hazards.
7
(4)
Determination
of
the
types
of
actions
that
can
help
8
prevent
agricultural
accidents.
9
(5)
Surveillance
and
reporting
of
disabilities
suffered
10
by
persons
engaged
in
agriculture
resulting
from
diseases
11
or
injuries,
including
identifying
the
amount
and
severity
12
of
agricultural-related
injuries
and
diseases
in
the
state,
13
identifying
causal
factors
associated
with
agricultural-related
14
injuries
and
diseases,
and
indicating
the
effectiveness
of
15
intervention
programs
designed
to
reduce
injuries
and
diseases.
16
d.
Cooperate
with
the
center
for
agricultural
safety
and
17
health
established
under
section
262.78
,
the
center
for
health
18
effects
of
environmental
contamination
established
under
19
section
263.17
,
and
the
department
of
agriculture
and
land
20
stewardship.
The
agencies
shall
coordinate
programs
to
the
21
extent
practicable.
22
e.
Administer
grants
for
farm
safety
education
efforts
23
directed
to
rural
families
for
the
purpose
of
preventing
24
farm-related
injuries
to
children.
25
3.
2.
The
center
for
rural
health
and
primary
care
26
department
shall
establish
a
primary
care
provider
recruitment
27
and
retention
endeavor,
to
be
known
as
PRIMECARRE.
The
28
endeavor
shall
include
a
health
care
workforce
and
community
29
support
grant
program
and
a
primary
care
provider
loan
30
repayment
program.
The
endeavor
shall
be
developed
and
31
implemented
in
a
manner
to
promote
and
accommodate
local
32
creativity
in
efforts
to
recruit
and
retain
health
care
33
professionals
to
provide
services
in
the
locality.
The
34
focus
of
the
endeavor
shall
be
to
promote
and
assist
local
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efforts
in
developing
health
care
provider
recruitment
and
1
retention
programs.
The
center
for
rural
health
and
primary
2
care
department
may
enter
into
an
agreement
with
the
college
3
student
aid
commission
for
the
administration
of
the
center’s
4
department’s
grant
and
loan
repayment
programs.
5
a.
Health
care
workforce
and
community
support
grant
program.
6
(1)
The
center
for
rural
health
and
primary
care
department
7
shall
adopt
rules
establishing
flexible
application
processes
8
based
upon
the
department’s
strategic
plan
to
be
used
by
the
9
center
department
to
establish
a
grant
assistance
program
as
10
provided
in
this
paragraph
“a”
,
and
establishing
the
criteria
11
to
be
used
in
evaluating
the
applications.
Selection
criteria
12
shall
include
a
method
for
prioritizing
grant
applications
13
based
on
illustrated
efforts
to
meet
the
health
care
provider
14
needs
of
the
locality
and
surrounding
area.
Such
assistance
15
may
be
in
the
form
of
a
forgivable
loan,
grant,
or
other
16
nonfinancial
assistance
as
deemed
appropriate
by
the
center
17
department
.
An
application
submitted
may
contain
a
commitment
18
of
matching
funds
for
the
grant
assistance.
Application
may
19
be
made
for
assistance
by
a
single
community
or
group
of
20
communities
or
in
response
to
programs
recommended
in
the
21
strategic
plan
to
address
health
workforce
shortages.
22
(2)
Grants
awarded
under
the
program
shall
be
awarded
23
to
rural,
underserved
areas
or
special
populations
as
24
identified
by
the
department’s
strategic
plan
or
evidence-based
25
documentation.
26
b.
Primary
care
provider
loan
repayment
program.
27
(1)
A
primary
care
provider
loan
repayment
program
is
28
established
to
increase
the
number
of
health
professionals
29
practicing
primary
care
in
federally
designated
health
30
professional
shortage
areas
of
the
state.
Under
the
program,
31
loan
repayment
may
be
made
to
a
recipient
for
educational
32
expenses
incurred
while
completing
an
accredited
health
33
education
program
directly
related
to
obtaining
credentials
34
necessary
to
practice
the
recipient’s
health
profession.
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(2)
The
center
for
rural
health
and
primary
care
1
department
shall
adopt
rules
relating
to
the
establishment
and
2
administration
of
the
primary
care
provider
loan
repayment
3
program.
Rules
adopted
pursuant
to
this
paragraph
shall
4
provide,
at
a
minimum,
for
all
of
the
following:
5
(a)
Determination
of
eligibility
requirements
and
6
qualifications
of
an
applicant
to
receive
loan
repayment
under
7
the
program,
including
but
not
limited
to
years
of
obligated
8
service,
clinical
practice
requirements,
and
residency
9
requirements.
One
year
of
obligated
service
shall
be
provided
10
by
the
applicant
in
exchange
for
each
year
of
loan
repayment,
11
unless
federal
requirements
otherwise
require.
Loan
repayment
12
under
the
program
shall
not
be
approved
for
a
health
provider
13
whose
license
or
certification
is
restricted
by
a
medical
14
regulatory
authority
of
any
jurisdiction
of
the
United
States,
15
other
nations,
or
territories.
16
(b)
Identification
of
federally
designated
health
17
professional
shortage
areas
of
the
state
and
prioritization
of
18
such
areas
according
to
need.
19
(c)
Determination
of
the
amount
and
duration
of
the
loan
20
repayment
an
applicant
may
receive,
giving
consideration
to
the
21
availability
of
funds
under
the
program,
and
the
applicant’s
22
outstanding
educational
loans
and
professional
credentials.
23
(d)
Determination
of
the
conditions
of
loan
repayment
24
applicable
to
an
applicant.
25
(e)
Enforcement
of
the
state’s
rights
under
a
loan
repayment
26
program
contract,
including
the
commencement
of
any
court
27
action.
28
(f)
Cancellation
of
a
loan
repayment
program
contract
for
29
reasonable
cause
unless
federal
requirements
otherwise
require.
30
(g)
Participation
in
federal
programs
supporting
repayment
31
of
loans
of
health
care
providers
and
acceptance
of
gifts,
32
grants,
and
other
aid
or
amounts
from
any
person,
association,
33
foundation,
trust,
corporation,
governmental
agency,
or
other
34
entity
for
the
purposes
of
the
program.
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(h)
Upon
availability
of
state
funds,
determination
of
1
eligibility
criteria
and
qualifications
for
participating
2
communities
and
applicants
not
located
in
federally
designated
3
shortage
areas.
4
(i)
Other
rules
as
necessary.
5
4.
3.
a.
Eligibility
under
any
of
the
programs
established
6
under
the
primary
care
provider
recruitment
and
retention
7
endeavor
shall
be
based
upon
a
community
health
services
8
assessment
completed
under
subsection
2
,
paragraph
“a”
.
9
Participation
in
a
community
health
services
assessment
process
10
shall
be
documented
by
the
community
or
region.
11
b.
Assistance
under
this
subsection
shall
not
be
granted
12
until
such
time
as
the
community
or
region
making
application
13
has
completed
a
community
health
services
assessment
and
14
adopted
a
long-term
community
health
services
assessment
and
15
developmental
plan.
In
addition
to
any
other
requirements,
an
16
applicant’s
plan
shall
include,
to
the
extent
possible,
a
clear
17
commitment
to
informing
high
school
students
of
the
health
care
18
opportunities
which
may
be
available
to
such
students.
19
c.
The
center
for
rural
health
and
primary
care
department
20
shall
seek
additional
assistance
and
resources
from
other
state
21
departments
and
agencies,
federal
agencies
and
grant
programs,
22
private
organizations,
and
any
other
person,
as
appropriate.
23
The
center
department
is
authorized
and
directed
to
accept
24
on
behalf
of
the
state
any
grant
or
contribution,
federal
or
25
otherwise,
made
to
assist
in
meeting
the
cost
of
carrying
out
26
the
purpose
of
this
subsection
.
All
federal
grants
to
and
the
27
federal
receipts
of
the
center
department
are
appropriated
28
for
the
purpose
set
forth
in
such
federal
grants
or
receipts.
29
Funds
appropriated
by
the
general
assembly
to
the
center
30
department
for
implementation
of
this
subsection
shall
first
31
be
used
for
securing
any
available
federal
funds
requiring
a
32
state
match,
with
remaining
funds
being
used
for
the
health
33
care
workforce
and
community
support
grant
program.
34
d.
The
center
for
rural
health
and
primary
care
department
35
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may,
to
further
the
purposes
of
this
subsection
,
provide
1
financial
assistance
in
the
form
of
grants
to
support
2
the
effort
of
a
community
which
is
clearly
part
of
the
3
community’s
long-term
community
health
services
assessment
4
and
developmental
plan.
Efforts
for
which
such
grants
may
5
be
awarded
include
but
are
not
limited
to
the
procurement
of
6
clinical
equipment,
clinical
facilities,
and
telecommunications
7
facilities,
and
the
support
of
locum
tenens
arrangements
and
8
primary
care
provider
mentor
programs.
9
Sec.
148.
Section
135.108,
subsections
1
and
2,
Code
2023,
10
are
amended
to
read
as
follows:
11
1.
“Department”
means
the
Iowa
department
of
public
health
12
and
human
services
.
13
2.
“Director”
means
the
director
of
public
health
and
human
14
services
.
15
Sec.
149.
Section
135.109,
Code
2023,
is
amended
to
read
as
16
follows:
17
135.109
Iowa
domestic
abuse
death
review
team
membership.
18
1.
An
Iowa
domestic
abuse
death
review
team
is
established
19
as
an
independent
agency
of
state
government
in
the
department
.
20
2.
The
department
shall
provide
staffing
and
administrative
21
support
to
the
team.
22
3.
The
team
shall
include
the
following
members:
23
a.
The
state
medical
examiner
or
the
state
medical
24
examiner’s
designee.
25
b.
A
licensed
physician,
physician
assistant,
or
nurse
who
26
is
knowledgeable
concerning
domestic
abuse
injuries
and
deaths,
27
including
suicides.
28
c.
A
licensed
mental
health
professional
who
is
29
knowledgeable
concerning
domestic
abuse.
30
d.
A
representative
or
designee
of
the
Iowa
coalition
31
against
domestic
violence.
32
e.
A
certified
or
licensed
professional
who
is
knowledgeable
33
concerning
substance
abuse
use
disorder
.
34
f.
A
law
enforcement
official
who
is
knowledgeable
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concerning
domestic
abuse.
1
g.
A
law
enforcement
investigator
experienced
in
domestic
2
abuse
investigation.
3
h.
An
attorney
experienced
in
prosecuting
domestic
abuse
4
cases.
5
i.
A
judicial
officer
appointed
by
the
chief
justice
of
the
6
supreme
court.
7
j.
A
clerk
of
the
district
court
appointed
by
the
chief
8
justice
of
the
supreme
court.
9
k.
An
employee
or
subcontractor
of
the
department
of
10
corrections
who
is
a
trained
batterers’
education
program
11
facilitator.
12
l.
An
attorney
licensed
in
this
state
who
provides
criminal
13
defense
assistance
or
child
custody
representation,
and
who
has
14
experience
in
dissolution
of
marriage
proceedings.
15
m.
Both
a
female
and
a
male
victim
of
domestic
abuse.
16
n.
A
family
member
of
a
decedent
whose
death
resulted
from
17
domestic
abuse.
18
4.
The
following
individuals
shall
each
designate
a
liaison
19
to
assist
the
team
in
fulfilling
the
team’s
duties:
20
a.
The
attorney
general.
21
b.
The
director
of
the
Iowa
department
of
corrections.
22
c.
The
director
of
public
health.
23
d.
c.
The
director
of
health
and
human
services.
24
e.
d.
The
commissioner
of
public
safety.
25
f.
The
administrator
of
the
bureau
of
vital
records
of
the
26
Iowa
department
of
public
health.
27
g.
e.
The
director
of
the
department
of
education.
28
h.
f.
The
state
court
administrator.
29
i.
The
director
of
the
department
of
human
rights.
30
j.
g.
The
director
of
the
state
law
enforcement
academy.
31
5.
a.
The
director
of
public
health
,
in
consultation
with
32
the
attorney
general,
shall
appoint
review
team
members
who
are
33
not
designated
by
another
appointing
authority.
34
b.
A
membership
vacancy
shall
be
filled
in
the
same
manner
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as
the
original
appointment.
1
c.
The
membership
of
the
review
team
is
subject
to
the
2
provisions
of
sections
69.16
and
69.16A
,
relating
to
political
3
affiliation
and
gender
balance.
4
d.
A
member
of
the
team
may
be
reappointed
to
serve
5
additional
terms
on
the
team,
subject
to
the
provisions
of
6
chapter
69
.
7
6.
Membership
terms
shall
be
three-year
staggered
terms.
8
7.
Members
of
the
team
are
eligible
for
reimbursement
of
9
actual
and
necessary
expenses
incurred
in
the
performance
of
10
their
official
duties.
11
8.
Team
members
and
their
agents
are
immune
from
any
12
liability,
civil
or
criminal,
which
might
otherwise
be
incurred
13
or
imposed
as
a
result
of
any
act,
omission,
proceeding,
14
decision,
or
determination
undertaken
or
performed,
or
15
recommendation
made
as
a
team
member
or
agent
provided
that
the
16
team
members
or
agents
acted
reasonably
and
in
good
faith
and
17
without
malice
in
carrying
out
their
official
duties
in
their
18
official
capacity.
A
complainant
bears
the
burden
of
proof
19
in
establishing
malice
or
unreasonableness
or
lack
of
good
20
faith
in
an
action
brought
against
team
members
involving
the
21
performance
of
their
duties
and
powers.
22
Sec.
150.
Section
135.118,
subsection
1,
Code
2023,
is
23
amended
to
read
as
follows:
24
1.
A
child
protection
center
grant
program
is
established
25
in
the
Iowa
department
of
public
health
in
accordance
with
26
this
section
.
The
director
of
public
health
department
shall
27
establish
requirements
for
the
grant
program
and
shall
award
28
grants.
A
grant
may
be
used
for
establishment
of
a
new
center
29
or
for
support
of
an
existing
center.
30
Sec.
151.
Section
135.118,
subsection
2,
paragraph
d,
Code
31
2023,
is
amended
to
read
as
follows:
32
d.
As
necessary
to
address
serious
cases
of
child
abuse
such
33
as
those
involving
sexual
abuse,
serious
physical
abuse,
and
34
substance
abuse
use
disorder
,
a
grantee
must
be
able
to
involve
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or
consult
with
persons
from
various
professional
disciplines
1
who
have
training
and
expertise
in
addressing
special
types
2
of
child
abuse.
These
persons
may
include
but
are
not
3
limited
to
physicians
and
other
health
care
professionals,
4
mental
health
professionals,
social
workers,
child
protection
5
workers,
attorneys,
juvenile
court
officers,
public
health
6
workers,
child
development
experts,
child
educators,
and
child
7
advocates.
8
Sec.
152.
Section
135.118,
subsection
3,
Code
2023,
is
9
amended
to
read
as
follows:
10
3.
The
director
shall
create
a
committee
to
consider
grant
11
proposals
and
to
make
grant
recommendations
to
the
director.
12
The
committee
membership
may
include
but
is
not
limited
to
13
representatives
of
the
following:
departments
of
health
and
14
human
services
,
and
justice
,
and
public
health
,
Iowa
medical
15
society,
Iowa
hospital
association,
Iowa
nurses
association,
16
and
an
association
representing
social
workers.
17
Sec.
153.
Section
135.140,
Code
2023,
is
amended
to
read
as
18
follows:
19
135.140
Definitions.
20
As
used
in
this
subchapter
,
unless
the
context
otherwise
21
requires:
22
1.
“Bioterrorism”
means
the
intentional
use
of
any
23
microorganism,
virus,
infectious
substance,
or
biological
24
product
that
may
be
engineered
as
a
result
of
biotechnology,
25
or
any
naturally
occurring
or
bioengineered
component
of
any
26
such
microorganism,
virus,
infectious
substance,
or
biological
27
product,
to
cause
death,
disease,
or
other
biological
28
malfunction
in
a
human,
an
animal,
a
plant,
or
another
living
29
organism.
30
2.
“Department”
means
the
Iowa
department
of
public
health
31
and
human
services
.
32
3.
“Director”
means
the
director
of
public
health
and
human
33
services
or
the
director’s
designee.
34
4.
“Disaster”
means
disaster
as
defined
in
section
29C.2
.
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5.
“Division”
means
the
division
of
acute
disease
prevention
1
and
emergency
response
of
the
department.
2
6.
5.
“Public
health
disaster”
means
a
state
of
disaster
3
emergency
proclaimed
by
the
governor
in
consultation
with
the
4
department
pursuant
to
section
29C.6
for
a
disaster
which
5
specifically
involves
an
imminent
threat
of
an
illness
or
6
health
condition
that
meets
any
of
the
following
conditions
of
7
paragraphs
“a”
and
“b”
:
8
a.
Is
reasonably
believed
to
be
caused
by
any
of
the
9
following:
10
(1)
Bioterrorism
or
other
act
of
terrorism.
11
(2)
The
appearance
of
a
novel
or
previously
controlled
or
12
eradicated
infectious
agent
or
biological
toxin.
13
(3)
A
chemical
attack
or
accidental
release.
14
(4)
An
intentional
or
accidental
release
of
radioactive
15
material.
16
(5)
A
nuclear
or
radiological
attack
or
accident.
17
(6)
A
natural
occurrence
or
incident,
including
but
not
18
limited
to
fire,
flood,
storm,
drought,
earthquake,
tornado,
19
or
windstorm.
20
(7)
A
man-made
occurrence
or
incident,
including
but
not
21
limited
to
an
attack,
spill,
or
explosion.
22
b.
Poses
a
high
probability
of
any
of
the
following:
23
(1)
A
large
number
of
deaths
in
the
affected
population.
24
(2)
A
large
number
of
serious
or
long-term
disabilities
in
25
the
affected
population.
26
(3)
Widespread
exposure
to
an
infectious
or
toxic
agent
that
27
poses
a
significant
risk
of
substantial
future
harm
to
a
large
28
number
of
the
affected
population.
29
(4)
Short-term
or
long-term
physical
or
behavioral
health
30
consequences
to
a
large
number
of
the
affected
population.
31
7.
6.
“Public
health
response
team”
means
a
team
of
32
professionals,
including
licensed
health
care
providers,
33
nonmedical
professionals
skilled
and
trained
in
disaster
or
34
emergency
response,
and
public
health
practitioners,
which
is
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sponsored
by
a
hospital
or
other
entity
and
approved
by
the
1
department
to
provide
disaster
assistance
in
the
event
of
a
2
disaster
or
threatened
disaster.
3
Sec.
154.
Section
135.141,
Code
2023,
is
amended
to
read
as
4
follows:
5
135.141
Division
of
Department
duties
related
to
acute
6
disease
prevention
and
emergency
response
——
establishment
——
7
duties
of
department
.
8
1.
A
division
of
acute
disease
prevention
and
emergency
9
response
is
established
within
the
department.
The
division
10
department
shall
coordinate
the
administration
of
this
11
subchapter
with
other
administrative
divisions
of
the
12
department
and
with
federal,
state,
and
local
agencies
and
13
officials.
14
2.
The
department
shall
do
all
of
the
following:
15
a.
Coordinate
with
the
department
of
homeland
security
and
16
emergency
management
the
administration
of
emergency
planning
17
matters
which
involve
the
public
health,
including
development,
18
administration,
and
execution
of
the
public
health
components
19
of
the
comprehensive
emergency
plan
and
emergency
management
20
program
pursuant
to
section
29C.8
.
21
b.
Coordinate
with
federal,
state,
and
local
agencies
and
22
officials,
and
private
agencies,
organizations,
companies,
and
23
persons,
the
administration
of
emergency
planning,
response,
24
and
recovery
matters
that
involve
the
public
health.
25
c.
If
a
public
health
disaster
exists,
or
if
there
is
26
reasonable
cause
to
believe
that
a
public
health
disaster
is
27
imminent,
conduct
a
risk
assessment
of
any
present
or
potential
28
danger
to
the
public
health
from
chemical,
radiological,
or
29
other
potentially
dangerous
agents.
30
d.
For
the
purpose
of
paragraph
“c”
,
an
employee
or
agent
31
of
the
department
may
enter
into
and
examine
any
premises
32
containing
potentially
dangerous
agents
with
the
consent
of
the
33
owner
or
person
in
charge
of
the
premises
or,
if
the
owner
or
34
person
in
charge
of
the
premises
refuses
admittance,
with
an
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administrative
search
warrant
obtained
under
section
808.14
.
1
Based
on
findings
of
the
risk
assessment
and
examination
of
the
2
premises,
the
director
may
order
reasonable
safeguards
or
take
3
any
other
action
reasonably
necessary
to
protect
the
public
4
health
pursuant
to
rules
adopted
to
administer
this
subsection
.
5
e.
Coordinate
the
location,
procurement,
storage,
6
transportation,
maintenance,
and
distribution
of
medical
7
supplies,
drugs,
antidotes,
and
vaccines
to
prepare
for
or
in
8
response
to
a
public
health
disaster,
including
receiving,
9
distributing,
and
administering
items
from
the
strategic
10
national
stockpile
program
of
the
centers
for
disease
control
11
and
prevention
of
the
United
States
department
of
health
and
12
human
services.
13
f.
Conduct
or
coordinate
public
information
activities
14
regarding
emergency
and
disaster
planning,
response,
and
15
recovery
matters
that
involve
the
public
health.
16
g.
Apply
for
and
accept
grants,
gifts,
or
other
funds
to
be
17
used
for
programs
authorized
by
this
subchapter
.
18
h.
Establish
and
coordinate
other
programs
or
activities
19
as
necessary
for
the
prevention,
detection,
management,
and
20
containment
of
public
health
disasters,
and
for
the
recovery
21
from
such
disasters.
22
i.
Adopt
rules
pursuant
to
chapter
17A
for
the
23
administration
of
this
subchapter
including
rules
adopted
in
24
cooperation
with
the
Iowa
pharmacy
association
and
the
Iowa
25
hospital
association
for
the
development
of
a
surveillance
26
system
to
monitor
supplies
of
drugs,
antidotes,
and
vaccines
to
27
assist
in
detecting
a
potential
public
health
disaster.
Prior
28
to
adoption,
the
rules
shall
be
approved
by
the
state
board
of
29
health
council
on
health
and
human
services
and
the
director
of
30
the
department
of
homeland
security
and
emergency
management.
31
Sec.
155.
Section
135.166,
subsection
1,
paragraph
a,
Code
32
2023,
is
amended
to
read
as
follows:
33
a.
The
department
of
public
health
shall
enter
into
a
34
memorandum
of
understanding
with
the
contractor
selected
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through
a
request
for
proposals
process
to
act
as
the
1
department’s
intermediary
in
collecting,
maintaining,
and
2
disseminating
hospital
inpatient,
outpatient,
and
ambulatory
3
data,
as
initially
authorized
in
1996
Iowa
Acts,
ch.
1212,
§5
,
4
subsection
1,
paragraph
“a”
,
subparagraph
(4),
and
641
IAC
5
177.3.
6
Sec.
156.
Section
135.173A,
Code
2023,
is
amended
to
read
7
as
follows:
8
135.173A
Child
care
advisory
committee.
9
1.
The
early
childhood
stakeholders
alliance
shall
10
establish
a
state
child
care
advisory
committee
as
part
of
the
11
stakeholders
alliance.
The
advisory
committee
shall
advise
12
and
make
recommendations
to
the
governor,
general
assembly,
13
department
of
human
services
,
and
other
state
agencies
14
concerning
child
care.
15
2.
The
membership
of
the
advisory
committee
shall
consist
of
16
a
broad
spectrum
of
parents
and
other
persons
from
across
the
17
state
with
an
interest
in
or
involvement
with
child
care.
18
3.
Except
as
otherwise
provided,
the
voting
members
of
19
the
advisory
committee
shall
be
appointed
by
the
stakeholders
20
alliance
from
a
list
of
names
submitted
by
a
nominating
21
committee
to
consist
of
one
member
of
the
advisory
committee,
22
one
member
of
the
department
of
human
services’
department’s
23
child
care
staff,
three
consumers
of
child
care,
and
one
member
24
of
a
professional
child
care
organization.
Two
names
shall
be
25
submitted
for
each
appointment.
The
voting
members
shall
be
26
appointed
for
terms
of
three
years.
27
4.
The
voting
membership
of
the
advisory
committee
shall
be
28
appointed
in
a
manner
so
as
to
provide
equitable
representation
29
of
persons
with
an
interest
in
child
care
and
shall
include
all
30
of
the
following:
31
a.
Two
parents
of
children
served
by
a
registered
child
32
development
home.
33
b.
Two
parents
of
children
served
by
a
licensed
center.
34
c.
Two
not-for-profit
child
care
providers.
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d.
Two
for-profit
child
care
providers.
1
e.
One
child
care
home
provider.
2
f.
Three
child
development
home
providers.
3
g.
One
child
care
resource
and
referral
service
grantee.
4
h.
One
nongovernmental
child
advocacy
group
representative.
5
i.
One
designee
of
the
department
of
human
services
.
6
j.
One
designee
of
the
Iowa
department
of
public
health.
7
k.
j.
One
designee
of
the
department
of
education.
8
l.
k.
One
head
start
program
provider.
9
m.
l.
One
person
who
is
a
business
owner
or
executive
10
officer
from
nominees
submitted
by
the
Iowa
chamber
of
commerce
11
executives.
12
n.
One
designee
of
the
early
childhood
Iowa
office
of
the
13
department
of
management.
14
o.
m.
One
person
who
is
a
member
of
the
Iowa
afterschool
15
alliance.
16
p.
n.
One
person
who
is
part
of
a
local
program
17
implementing
the
statewide
preschool
program
for
four-year-old
18
children
under
chapter
256C
.
19
q.
o.
One
person
who
represents
the
early
childhood
20
stakeholders
alliance.
21
5.
In
addition
to
the
voting
members
of
the
advisory
22
committee,
the
membership
shall
include
four
legislators
as
23
ex
officio,
nonvoting
members.
The
four
legislators
shall
24
be
appointed
one
each
by
the
majority
leader
of
the
senate,
25
the
minority
leader
of
the
senate,
the
speaker
of
the
house
26
of
representatives,
and
the
minority
leader
of
the
house
of
27
representatives
for
terms
as
provided
in
section
69.16B
.
28
6.
In
fulfilling
the
advisory
committee’s
role,
the
29
committee
shall
do
all
of
the
following:
30
a.
Consult
with
the
department
of
human
services
and
make
31
recommendations
concerning
policy
issues
relating
to
child
32
care.
33
b.
Advise
the
department
of
human
services
concerning
34
services
relating
to
child
care,
including
but
not
limited
to
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any
of
the
following:
1
(1)
Resource
and
referral
services.
2
(2)
Provider
training.
3
(3)
Quality
improvement.
4
(4)
Public-private
partnerships.
5
(5)
Standards
review
and
development.
6
(6)
The
federal
child
care
and
development
block
grant,
7
state
funding,
grants,
and
other
funding
sources
for
child
8
care.
9
c.
Assist
the
department
of
human
services
in
developing
an
10
implementation
plan
to
provide
seamless
service
to
recipients
11
of
public
assistance,
which
includes
child
care
services.
12
For
the
purposes
of
this
subsection
,
“seamless
service”
13
means
coordination,
where
possible,
of
the
federal
and
state
14
requirements
which
apply
to
child
care.
15
d.
Advise
and
provide
technical
services
to
the
director
of
16
the
department
of
education
or
the
director’s
designee
relating
17
to
prekindergarten,
kindergarten,
and
before
and
after
school
18
programming
and
facilities.
19
e.
Make
recommendations
concerning
child
care
expansion
20
programs
that
meet
the
needs
of
children
attending
a
core
21
education
program
by
providing
child
care
before
and
after
the
22
core
program
hours
and
during
times
when
the
core
program
does
23
not
operate.
24
f.
Make
recommendations
for
improving
collaborations
25
between
the
child
care
programs
involving
the
department
of
26
human
services
and
programs
supporting
the
education
and
27
development
of
young
children
including
but
not
limited
to
the
28
federal
head
start
program;
the
statewide
preschool
program
for
29
four-year-old
children;
and
the
early
childhood,
at-risk,
and
30
other
early
education
programs
administered
by
the
department
31
of
education.
32
g.
Make
recommendations
for
eliminating
duplication
and
33
otherwise
improving
the
eligibility
determination
processes
34
used
for
the
state
child
care
assistance
program
and
other
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programs
supporting
low-income
families,
including
but
not
1
limited
to
the
federal
head
start,
early
head
start,
and
even
2
start
programs;
the
early
childhood,
at-risk,
and
preschool
3
programs
administered
by
the
department
of
education;
the
4
family
and
self-sufficiency
grant
program;
and
the
family
5
investment
program.
6
h.
Make
recommendations
as
to
the
most
effective
and
7
efficient
means
of
managing
the
state
and
federal
funding
8
available
for
the
state
child
care
assistance
program.
9
i.
Review
program
data
from
the
department
of
human
services
10
and
other
departments
concerning
child
care
as
deemed
to
be
11
necessary
by
the
advisory
committee,
although
a
department
12
shall
not
provide
personally
identifiable
data
or
information.
13
j.
Advise
and
assist
the
early
childhood
stakeholders
14
alliance
in
developing
the
strategic
plan
required
pursuant
to
15
section
256I.4,
subsection
4
.
16
7.
The
department
of
human
services
shall
provide
17
information
to
the
advisory
committee
semiannually
on
all
of
18
the
following:
19
a.
Federal,
state,
local,
and
private
revenues
and
20
expenditures
for
child
care
including
but
not
limited
to
21
updates
on
the
current
and
future
status
of
the
revenues
and
22
expenditures.
23
b.
Financial
information
and
data
relating
to
regulation
of
24
child
care
by
the
department
of
human
services
and
the
usage
of
25
the
state
child
care
assistance
program.
26
c.
Utilization
and
availability
data
relating
to
child
care
27
regulation,
quantity,
and
quality
from
consumer
and
provider
28
perspectives.
29
d.
Statistical
and
demographic
data
regarding
child
care
30
providers
and
the
families
utilizing
child
care.
31
e.
Statistical
data
regarding
the
processing
time
for
32
issuing
notices
of
decision
to
state
child
care
assistance
33
applicants
and
for
issuing
payments
to
child
care
providers.
34
8.
The
advisory
committee
shall
coordinate
with
the
early
35
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childhood
stakeholders
alliance
its
reporting
annually
in
1
December
to
the
governor
and
general
assembly
concerning
the
2
status
of
child
care
in
the
state,
providing
findings,
and
3
making
recommendations.
The
annual
report
may
be
personally
4
presented
to
the
general
assembly’s
standing
committees
on
5
health
and
human
resources
services
by
a
representative
of
the
6
advisory
committee.
7
Sec.
157.
Section
135.175,
subsection
6,
paragraphs
b
and
c,
8
Code
2023,
are
amended
to
read
as
follows:
9
b.
State
programs
that
may
receive
funding
from
the
fund
10
and
the
accounts
in
the
fund,
if
specifically
designated
for
11
the
purpose
of
drawing
down
federal
funding,
are
the
primary
12
care
recruitment
and
retention
endeavor
(PRIMECARRE),
the
Iowa
13
affiliate
of
the
national
rural
recruitment
and
retention
14
network,
the
oral
and
health
delivery
systems
bureau
dental
15
program
of
the
department,
the
primary
care
office
and
16
shortage
designation
program,
and
the
state
office
of
rural
17
health
,
administered
through
the
oral
and
health
delivery
18
systems
bureau
of
the
department
of
public
health
;
any
entity
19
identified
by
the
federal
government
entity
through
which
20
federal
funding
for
a
specified
health
care
workforce
shortage
21
initiative
is
received;
and
a
program
developed
in
accordance
22
with
the
strategic
plan
developed
by
the
department
of
public
23
health
in
accordance
with
section
135.163
.
24
c.
Any
federal
funding
received
for
the
purposes
of
25
addressing
state
health
care
workforce
shortages
shall
be
26
deposited
in
the
health
care
workforce
shortage
national
27
initiatives
account,
unless
otherwise
specified
by
the
source
28
of
the
funds,
and
shall
be
used
as
required
by
the
source
of
29
the
funds.
If
use
of
the
federal
funding
is
not
designated,
30
the
funds
shall
be
used
in
accordance
with
the
strategic
plan
31
developed
by
the
department
of
public
health
in
accordance
with
32
section
135.163
,
or
to
address
workforce
shortages
as
otherwise
33
designated
by
the
department
of
public
health
.
Other
sources
34
of
funding
shall
be
deposited
in
the
fund
or
account
and
used
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as
specified
by
the
source
of
the
funding.
1
Sec.
158.
Section
135.185,
subsection
6,
Code
2023,
is
2
amended
to
read
as
follows:
3
6.
The
department
of
public
health
,
the
board
of
medicine,
4
the
board
of
nursing,
and
the
board
of
pharmacy
shall
adopt
5
rules
pursuant
to
chapter
17A
to
implement
and
administer
this
6
section
,
including
but
not
limited
to
standards
and
procedures
7
for
the
prescription,
distribution,
storage,
replacement,
and
8
administration
of
epinephrine
auto-injectors,
and
for
training
9
and
authorization
to
be
required
for
personnel
authorized
to
10
administer
epinephrine.
11
Sec.
159.
Section
135.190,
subsection
1,
paragraph
d,
Code
12
2023,
is
amended
to
read
as
follows:
13
d.
“Person
in
a
position
to
assist”
means
a
family
member,
14
friend,
caregiver,
health
care
provider,
employee
of
a
15
substance
abuse
use
disorder
treatment
facility,
school
16
employee,
or
other
person
who
may
be
in
a
place
to
render
aid
to
17
a
person
at
risk
of
experiencing
an
opioid-related
overdose.
18
Sec.
160.
Section
135.190A,
subsection
6,
Code
2023,
is
19
amended
to
read
as
follows:
20
6.
The
department
shall
submit
a
report
to
the
21
co-chairpersons
and
ranking
members
of
the
joint
appropriations
22
subcommittee
on
the
justice
system
and
to
the
legislative
23
services
agency
general
assembly
on
or
before
December
31
24
of
each
year
which
shall
contain
a
list
of
deposits
and
25
expenditures
from
the
fund
for
the
prior
fiscal
year
and
the
26
amount
of
carryover
funds,
if
any,
to
be
distributed
in
the
27
next
fiscal
year.
28
Sec.
161.
Section
135A.2,
subsections
2
and
4,
Code
2023,
29
are
amended
to
read
as
follows:
30
2.
“Department”
means
the
department
of
public
health
and
31
human
services
.
32
4.
“Governmental
public
health
system”
means
local
boards
33
of
health,
the
state
board
of
council
on
health
and
human
34
services
,
designated
local
public
health
agencies,
the
state
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hygienic
laboratory,
and
the
department.
1
Sec.
162.
Section
135A.8,
subsection
4,
Code
2023,
is
2
amended
to
read
as
follows:
3
4.
A
local
board
of
health
seeking
matching
funds
or
grants
4
under
this
section
shall
apply
to
the
department.
The
state
5
board
of
council
on
health
and
human
services
shall
adopt
rules
6
concerning
the
application
and
award
process
for
the
allocation
7
of
moneys
in
the
fund
and
shall
establish
the
criteria
for
the
8
allocation
of
moneys
in
the
fund
if
the
moneys
are
insufficient
9
to
meet
the
needs
of
local
boards
of
health.
10
Sec.
163.
Section
135A.9,
unnumbered
paragraph
1,
Code
11
2023,
is
amended
to
read
as
follows:
12
The
state
board
of
council
on
health
and
human
services
shall
13
adopt
rules
pursuant
to
chapter
17A
to
implement
this
chapter
14
which
shall
include
but
are
not
limited
to
the
following:
15
Sec.
164.
Section
135B.7,
subsection
1,
paragraph
a,
Code
16
2023,
is
amended
to
read
as
follows:
17
a.
The
department,
with
the
approval
of
the
state
board
of
18
council
on
health
and
human
services
,
shall
adopt
rules
setting
19
out
the
standards
for
the
different
types
of
hospitals
to
be
20
licensed
under
this
chapter
.
The
department
shall
enforce
the
21
rules.
22
Sec.
165.
Section
135B.9,
subsection
2,
Code
2023,
is
23
amended
to
read
as
follows:
24
2.
In
the
state
resource
centers
and
state
mental
health
25
institutes
operated
by
the
department
of
health
and
human
26
services,
the
designated
protection
and
advocacy
agency
as
27
provided
in
section
135C.2,
subsection
4
,
shall
have
the
28
authority
to
investigate
all
complaints
of
abuse
and
neglect
29
of
persons
with
developmental
disabilities
or
mental
illnesses
30
if
the
complaints
are
reported
to
the
protection
and
advocacy
31
agency
or
if
there
is
probable
cause
to
believe
that
the
abuse
32
has
occurred.
Such
authority
shall
include
the
examination
of
33
all
records
pertaining
to
the
care
provided
to
the
residents
34
and
contact
or
interview
with
any
resident,
employee,
or
any
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other
person
who
might
have
knowledge
about
the
operation
of
1
the
institution.
2
Sec.
166.
Section
135B.33,
subsection
1,
unnumbered
3
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
4
Subject
to
availability
of
funds,
the
Iowa
department
of
5
public
health
and
human
services
shall
provide
technical
6
planning
assistance
to
local
boards
of
health
and
hospital
7
governing
boards
to
ensure
access
to
hospital
services
in
8
rural
areas.
The
department
shall
encourage
the
local
boards
9
of
health
and
hospital
governing
boards
to
adopt
a
long-term
10
community
health
services
and
developmental
plan
including
the
11
following:
12
Sec.
167.
Section
135B.34,
Code
2023,
is
amended
to
read
as
13
follows:
14
135B.34
Hospital
employees
——
criminal
history
and
abuse
15
record
checks
——
penalty.
16
1.
a.
Prior
to
employment
of
a
person
in
a
hospital,
the
17
hospital
shall
do
one
of
the
following:
18
(1)
Request
that
the
department
of
public
safety
perform
a
19
criminal
history
check
and
the
record
check
evaluation
system
20
of
the
department
of
health
and
human
services
perform
child
21
and
dependent
adult
abuse
record
checks
of
the
person
in
this
22
state.
23
(2)
Access
the
single
contact
repository
to
perform
the
24
required
record
checks.
25
b.
(1)
If
a
hospital
accesses
the
single
contact
repository
26
to
perform
the
required
record
checks
pursuant
to
paragraph
27
“a”
,
the
hospital
may
utilize
a
third-party
vendor
to
perform
a
28
comprehensive
preliminary
background
check
and
provisionally
29
employ
a
person
being
considered
for
employment
pending
30
completion
of
the
required
record
checks
through
the
single
31
contact
repository
and
the
evaluation
by
the
department
of
32
human
services
record
check
evaluation
system
,
as
applicable,
33
subject
to
all
of
the
following:
34
(a)
If
the
comprehensive
preliminary
background
check
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determines
that
the
person
being
considered
for
employment
has
1
been
convicted
of
a
crime,
but
the
crime
does
not
constitute
a
2
felony
as
defined
in
section
701.7
and
is
not
a
crime
specified
3
pursuant
to
chapter
708
,
708A
,
709
,
709A
,
710
,
710A
,
711
,
or
4
712
,
or
pursuant
to
section
726.3
,
726.27
,
or
726.28
.
5
(b)
If
the
comprehensive
preliminary
background
check
6
determines
the
person
being
considered
for
employment
does
not
7
have
a
record
of
founded
child
abuse
or
dependent
adult
abuse
8
or
if
an
exception
pursuant
to
subsection
4
is
applicable
to
9
the
person.
10
(c)
If
the
hospital
has
requested
an
evaluation
in
11
accordance
with
subsection
2
,
paragraph
“a”
,
to
determine
12
whether
the
crime
warrants
prohibition
of
the
person’s
13
employment
in
the
hospital.
14
(2)
The
provisional
employment
under
this
paragraph
“b”
15
may
continue
until
such
time
as
the
required
record
checks
16
through
the
single
contact
repository
and
the
evaluation
by
the
17
department
of
human
services
record
check
evaluation
system
,
18
as
applicable,
are
completed.
19
c.
A
hospital
shall
inform
all
persons
prior
to
employment
20
regarding
the
performance
of
the
record
checks
and
shall
21
obtain,
from
the
persons,
a
signed
acknowledgment
of
the
22
receipt
of
the
information.
A
hospital
shall
include
the
23
following
inquiry
in
an
application
for
employment:
24
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
25
or
have
you
ever
been
convicted
of
a
crime,
in
this
state
or
any
26
other
state?
27
2.
a.
If
it
is
determined
that
a
person
being
considered
28
for
employment
in
a
hospital
has
committed
a
crime,
the
29
department
of
public
safety
shall
notify
the
hospital
that
upon
30
the
request
of
the
hospital
the
department
of
human
services
31
record
check
evaluation
system
will
perform
an
evaluation
32
to
determine
whether
the
crime
warrants
prohibition
of
the
33
person’s
employment
in
the
hospital.
34
b.
(1)
If
a
person
being
considered
for
employment,
other
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than
employment
involving
the
operation
of
a
motor
vehicle,
has
1
been
convicted
of
a
crime
listed
in
subparagraph
(2)
but
does
2
not
have
a
record
of
founded
child
or
dependent
adult
abuse
3
and
the
hospital
has
requested
an
evaluation
in
accordance
4
with
paragraph
“a”
to
determine
whether
the
crime
warrants
5
prohibition
of
the
person’s
employment,
the
hospital
may
employ
6
the
person
for
not
more
than
sixty
calendar
days
pending
7
completion
of
the
evaluation.
8
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
9
misdemeanor
offense
under
section
123.47
,
and
to
a
crime
10
that
is
a
first
offense
of
operating
a
motor
vehicle
while
11
intoxicated
under
section
321J.2,
subsection
1
.
12
c.
If
a
department
of
human
services
record
check
evaluation
13
system
child
or
dependent
adult
abuse
record
check
shows
that
14
the
person
has
a
record
of
founded
child
or
dependent
adult
15
abuse,
the
department
of
human
services
record
check
evaluation
16
system
shall
notify
the
hospital
that
upon
the
request
of
17
the
hospital
the
department
of
human
services
record
check
18
evaluation
system
will
perform
an
evaluation
to
determine
19
whether
the
founded
child
or
dependent
adult
abuse
warrants
20
prohibition
of
the
person’s
employment
in
the
hospital.
21
d.
An
evaluation
performed
under
this
subsection
shall
22
be
performed
in
accordance
with
procedures
adopted
for
this
23
purpose
by
the
department
of
health
and
human
services.
24
e.
(1)
If
a
person
owns
or
operates
more
than
one
hospital,
25
and
an
employee
of
one
of
such
hospitals
is
transferred
to
26
another
such
hospital
without
a
lapse
in
employment,
the
27
hospital
is
not
required
to
request
additional
criminal
and
28
child
and
dependent
adult
abuse
record
checks
of
that
employee.
29
(2)
If
the
ownership
of
a
hospital
is
transferred,
at
the
30
time
of
transfer
the
record
checks
required
by
this
section
31
shall
be
performed
for
each
employee
for
whom
there
is
no
32
documentation
that
such
record
checks
have
been
performed.
33
The
hospital
may
continue
to
employ
such
employee
pending
the
34
performance
of
the
record
checks
and
any
related
evaluation.
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3.
In
an
evaluation,
the
department
of
human
services
1
record
check
evaluation
system
shall
consider
the
nature
and
2
seriousness
of
the
crime
or
founded
child
or
dependent
adult
3
abuse
in
relation
to
the
position
sought
or
held,
the
time
4
elapsed
since
the
commission
of
the
crime
or
founded
child
5
or
dependent
adult
abuse,
the
circumstances
under
which
the
6
crime
or
founded
child
or
dependent
adult
abuse
was
committed,
7
the
degree
of
rehabilitation,
the
likelihood
that
the
person
8
will
commit
the
crime
or
founded
child
or
dependent
adult
9
abuse
again,
and
the
number
of
crimes
or
founded
child
or
10
dependent
adult
abuses
committed
by
the
person
involved.
If
11
the
department
of
human
services
record
check
evaluation
system
12
performs
an
evaluation
for
the
purposes
of
this
section
,
the
13
department
of
human
services
record
check
evaluation
system
14
has
final
authority
in
determining
whether
prohibition
of
the
15
person’s
employment
is
warranted.
16
4.
a.
Except
as
provided
in
subsection
1
,
paragraph
“b”
,
17
subsection
2
,
and
paragraph
“b”
of
this
subsection
,
a
person
18
who
has
committed
a
crime
or
has
a
record
of
founded
child
19
or
dependent
adult
abuse
shall
not
be
employed
in
a
hospital
20
licensed
under
this
chapter
unless
an
evaluation
has
been
21
performed
by
the
department
of
human
services
record
check
22
evaluation
system
.
23
b.
A
person
with
a
criminal
or
abuse
record
who
is
or
was
24
employed
by
a
hospital
licensed
under
this
chapter
and
is
hired
25
by
another
hospital
shall
be
subject
to
the
criminal
history
26
and
abuse
record
checks
required
pursuant
to
subsection
1
.
27
However,
if
an
evaluation
was
previously
performed
by
the
28
department
of
human
services
record
check
evaluation
system
29
concerning
the
person’s
criminal
or
abuse
record
and
it
was
30
determined
that
the
record
did
not
warrant
prohibition
of
31
the
person’s
employment
and
the
latest
record
checks
do
not
32
indicate
a
crime
was
committed
or
founded
abuse
record
was
33
entered
subsequent
to
that
evaluation,
the
person
may
commence
34
employment
with
the
other
hospital
in
accordance
with
the
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department
of
human
services’
record
check
evaluation
system’s
1
evaluation
and
an
exemption
from
the
requirements
in
paragraph
2
“a”
for
reevaluation
of
the
latest
record
checks
is
authorized.
3
Otherwise,
the
requirements
of
paragraph
“a”
remain
applicable
4
to
the
person’s
employment.
Authorization
of
an
exemption
5
under
this
paragraph
“b”
from
requirements
for
reevaluation
of
6
the
latest
record
checks
by
the
department
of
human
services
7
record
check
evaluation
system
is
subject
to
all
of
the
8
following
provisions:
9
(1)
The
position
with
the
subsequent
employer
is
10
substantially
the
same
or
has
the
same
job
responsibilities
as
11
the
position
for
which
the
previous
evaluation
was
performed.
12
(2)
Any
restrictions
placed
on
the
person’s
employment
in
13
the
previous
evaluation
by
the
department
of
human
services
14
record
check
evaluation
system
shall
remain
applicable
in
the
15
person’s
subsequent
employment.
16
(3)
The
person
subject
to
the
record
checks
has
maintained
a
17
copy
of
the
previous
evaluation
and
provides
the
evaluation
to
18
the
subsequent
employer
or
the
previous
employer
provides
the
19
previous
evaluation
from
the
person’s
personnel
file
pursuant
20
to
the
person’s
authorization.
If
a
physical
copy
of
the
21
previous
evaluation
is
not
provided
to
the
subsequent
employer,
22
the
record
checks
shall
be
reevaluated.
23
(4)
Although
an
exemption
under
this
lettered
paragraph
“b”
24
may
be
authorized,
the
subsequent
employer
may
instead
request
25
a
reevaluation
of
the
record
checks
and
may
employ
the
person
26
while
the
reevaluation
is
being
performed.
27
5.
a.
If
a
person
employed
by
a
hospital
that
is
subject
28
to
this
section
is
convicted
of
a
crime
or
has
a
record
of
29
founded
child
or
dependent
adult
abuse
entered
in
the
abuse
30
registry
after
the
person’s
employment
application
date,
the
31
person
shall
inform
the
hospital
of
such
information
within
32
forty-eight
hours
of
the
criminal
conviction
or
entry
of
the
33
record
of
founded
child
or
dependent
adult
abuse.
The
hospital
34
shall
act
to
verify
the
information
within
seven
calendar
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days
of
notification.
If
the
information
is
verified,
the
1
requirements
of
subsections
2,
3,
and
4
regarding
employability
2
and
evaluations
shall
be
applied
by
the
hospital
to
determine
3
whether
or
not
the
person’s
employment
is
continued.
The
4
hospital
may
continue
to
employ
the
person
pending
the
5
performance
of
an
evaluation
by
the
department
of
human
6
services
record
check
evaluation
system
to
determine
whether
7
prohibition
of
the
person’s
employment
is
warranted.
A
person
8
who
is
required
by
this
subsection
to
inform
the
person’s
9
employer
of
a
conviction
or
entry
of
an
abuse
record
and
10
fails
to
do
so
within
the
required
period
commits
a
serious
11
misdemeanor.
12
b.
If
a
hospital
receives
credible
information,
as
13
determined
by
the
hospital,
that
a
person
employed
by
the
14
hospital
has
been
convicted
of
a
crime
or
a
record
of
founded
15
child
or
dependent
adult
abuse
has
been
entered
in
the
16
abuse
registry
after
employment
from
a
person
other
than
the
17
employee
and
the
employee
has
not
informed
the
hospital
of
such
18
information
within
the
period
required
under
paragraph
“a”
,
the
19
hospital
shall
act
to
verify
the
credible
information
within
20
seven
calendar
days
of
receipt
of
the
credible
information.
If
21
the
information
is
verified,
the
requirements
of
subsections
22
2,
3,
and
4
regarding
employability
and
evaluations
shall
23
be
applied
by
the
hospital
to
determine
whether
or
not
the
24
person’s
employment
is
continued.
25
c.
The
hospital
may
notify
the
county
attorney
for
the
26
county
where
the
hospital
is
located
of
any
violation
or
27
failure
by
an
employee
to
notify
the
hospital
of
a
criminal
28
conviction
or
entry
of
an
abuse
record
within
the
period
29
required
under
paragraph
“a”
.
30
6.
A
hospital
licensed
in
this
state
may
access
the
single
31
contact
repository
established
by
the
department
pursuant
to
32
section
135C.33
as
necessary
for
the
hospital
to
perform
record
33
checks
of
persons
employed
or
being
considered
for
employment
34
by
the
hospital.
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7.
For
the
purposes
of
this
section
,
“comprehensive
1
preliminary
background
check”
means
and
“record
check
evaluation
2
system”
mean
the
same
as
defined
in
section
135C.1
.
3
Sec.
168.
Section
135C.1,
subsection
20,
Code
2023,
is
4
amended
to
read
as
follows:
5
20.
“Residential
care
facility”
means
any
institution,
6
place,
building,
or
agency
providing
for
a
period
exceeding
7
twenty-four
consecutive
hours
accommodation,
board,
personal
8
assistance
and
other
essential
daily
living
activities
to
9
three
or
more
individuals,
not
related
to
the
administrator
or
10
owner
thereof
within
the
third
degree
of
consanguinity,
who
by
11
reason
of
illness,
disease,
or
physical
or
mental
infirmity
12
are
unable
to
sufficiently
or
properly
care
for
themselves
but
13
who
do
not
require
the
services
of
a
registered
or
licensed
14
practical
nurse
except
on
an
emergency
basis
or
who
by
reason
15
of
illness,
disease,
or
physical
or
mental
infirmity
are
unable
16
to
sufficiently
or
properly
care
for
themselves
but
who
do
not
17
require
the
services
of
a
registered
or
licensed
practical
18
nurse
except
on
an
emergency
basis
if
home
and
community-based
19
services,
other
than
nursing
care,
as
defined
by
this
chapter
20
and
departmental
rule,
are
provided.
For
the
purposes
of
21
this
definition,
the
home
and
community-based
services
to
be
22
provided
are
limited
to
the
type
included
under
the
medical
23
assistance
program
provided
pursuant
to
chapter
249A
,
are
24
subject
to
cost
limitations
established
by
the
department
25
of
health
and
human
services
under
the
medical
assistance
26
program,
and
except
as
otherwise
provided
by
the
department
of
27
inspections
and
appeals
with
the
concurrence
of
the
department
28
of
health
and
human
services,
are
limited
in
capacity
to
the
29
number
of
licensed
residential
care
facilities
and
the
number
30
of
licensed
residential
care
facility
beds
in
the
state
as
of
31
December
1,
2003.
32
Sec.
169.
Section
135C.1,
Code
2023,
is
amended
by
adding
33
the
following
new
subsection:
34
NEW
SUBSECTION
.
18A.
“Record
check
evaluation
system”
means
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the
record
check
evaluation
system
of
the
department
of
health
1
and
human
services
used
to
perform
child
and
dependent
adult
2
abuse
record
checks
and
to
evaluate
criminal
history
and
abuse
3
records.
4
Sec.
170.
Section
135C.4,
subsection
3,
Code
2023,
is
5
amended
to
read
as
follows:
6
3.
For
the
purposes
of
this
section
,
the
home
and
7
community-based
services
to
be
provided
shall
be
limited
8
to
the
type
included
under
the
medical
assistance
program
9
provided
pursuant
to
chapter
249A
,
shall
be
subject
to
cost
10
limitations
established
by
the
department
of
health
and
human
11
services
under
the
medical
assistance
program,
and
except
12
as
otherwise
provided
by
the
department
of
inspections
and
13
appeals
with
the
concurrence
of
the
department
of
health
and
14
human
services,
shall
be
limited
in
capacity
to
the
number
of
15
licensed
residential
care
facilities
and
the
number
of
licensed
16
residential
care
facility
beds
in
the
state
as
of
December
1,
17
2003.
18
Sec.
171.
Section
135C.6,
subsections
8
and
9,
Code
2023,
19
are
amended
to
read
as
follows:
20
8.
The
following
residential
programs
to
which
the
21
department
of
health
and
human
services
applies
accreditation,
22
certification,
or
standards
of
review
shall
not
be
required
to
23
be
licensed
as
a
health
care
facility
under
this
chapter
:
24
a.
Residential
programs
providing
care
to
not
more
than
four
25
individuals
and
receiving
moneys
appropriated
to
the
department
26
of
health
and
human
services
under
provisions
of
a
federally
27
approved
home
and
community-based
services
waiver
for
persons
28
with
an
intellectual
disability
or
other
medical
assistance
29
program
under
chapter
249A
.
In
approving
a
residential
30
program
under
this
paragraph,
the
department
of
health
and
31
human
services
shall
consider
the
geographic
location
of
the
32
program
so
as
to
avoid
an
overconcentration
of
such
programs
33
in
an
area.
In
order
to
be
approved
under
this
paragraph,
34
a
residential
program
shall
not
be
required
to
involve
the
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conversion
of
a
licensed
residential
care
facility
for
persons
1
with
an
intellectual
disability.
2
b.
Not
more
than
forty
residential
care
facilities
for
3
persons
with
an
intellectual
disability
that
are
licensed
to
4
serve
not
more
than
five
individuals
may
be
authorized
by
the
5
department
of
health
and
human
services
to
convert
to
operation
6
as
a
residential
program
under
the
provisions
of
a
medical
7
assistance
home
and
community-based
services
waiver
for
persons
8
with
an
intellectual
disability.
A
converted
residential
9
program
operating
under
this
paragraph
is
subject
to
the
10
conditions
stated
in
paragraph
“a”
except
that
the
program
shall
11
not
serve
more
than
five
individuals.
12
c.
A
residential
program
approved
by
the
department
of
13
health
and
human
services
pursuant
to
this
paragraph
“c”
to
14
receive
moneys
appropriated
to
the
department
of
health
and
15
human
services
under
provisions
of
a
federally
approved
home
16
and
community-based
services
habilitation
or
waiver
program
may
17
provide
care
to
not
more
than
five
individuals.
The
department
18
shall
approve
a
residential
program
under
this
paragraph
that
19
complies
with
all
of
the
following
conditions:
20
(1)
Approval
of
the
program
will
not
result
in
an
21
overconcentration
of
such
programs
in
an
area.
22
(2)
The
county
in
which
the
residential
program
is
located
23
submits
to
the
department
of
health
and
human
services
a
letter
24
of
support
for
approval
of
the
program.
25
(3)
The
county
in
which
the
residential
program
is
located
26
provides
to
the
department
of
health
and
human
services
27
verification
in
writing
that
the
program
is
needed
to
address
28
one
or
more
of
the
following:
29
(a)
The
quantity
of
services
currently
available
in
the
30
county
is
insufficient
to
meet
the
need.
31
(b)
The
quantity
of
affordable
rental
housing
in
the
county
32
is
insufficient.
33
(c)
Implementation
of
the
program
will
cause
a
reduction
in
34
the
size
or
quantity
of
larger
congregate
programs.
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9.
Contingent
upon
the
department
of
health
and
human
1
services
receiving
federal
approval,
a
residential
program
2
which
serves
not
more
than
eight
individuals
and
is
licensed
as
3
an
intermediate
care
facility
for
persons
with
an
intellectual
4
disability
may
surrender
the
facility
license
and
continue
5
to
operate
under
a
federally
approved
medical
assistance
6
home
and
community-based
services
waiver
for
persons
with
an
7
intellectual
disability,
if
the
department
of
health
and
human
8
services
has
approved
a
plan
submitted
by
the
residential
9
program.
10
Sec.
172.
Section
135C.14,
unnumbered
paragraph
1,
Code
11
2023,
is
amended
to
read
as
follows:
12
The
department
shall,
in
accordance
with
chapter
17A
and
13
with
the
approval
of
the
state
board
of
council
on
health
14
and
human
services
,
adopt
and
enforce
rules
setting
minimum
15
standards
for
health
care
facilities.
In
so
doing,
the
16
department,
with
the
approval
of
the
state
board
of
council
17
on
health
and
human
services
,
may
adopt
by
reference,
with
18
or
without
amendment,
nationally
recognized
standards
and
19
rules,
which
shall
be
specified
by
title
and
edition,
date
20
of
publication,
or
similar
information.
The
rules
and
21
standards
required
by
this
section
shall
be
formulated
in
22
consultation
with
the
director
of
health
and
human
services
or
23
the
director’s
designee,
with
the
state
fire
marshal,
and
with
24
affected
industry,
professional,
and
consumer
groups,
and
shall
25
be
designed
to
further
the
accomplishment
of
the
purposes
of
26
this
chapter
and
shall
relate
to:
27
Sec.
173.
Section
135C.16,
subsection
3,
Code
2023,
is
28
amended
to
read
as
follows:
29
3.
An
authorized
representative
of
the
department
may
30
enter
any
licensed
health
care
facility
without
a
warrant,
31
and
may
examine
all
records
pertaining
to
the
care
provided
32
residents
of
the
facility.
An
authorized
representative
of
the
33
department
may
contact
or
interview
any
resident,
employee,
or
34
any
other
person
who
might
have
knowledge
about
the
operation
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of
a
health
care
facility.
An
authorized
representative
of
the
1
department
of
health
and
human
services
shall
have
the
same
2
right
with
respect
to
any
facility
where
one
or
more
residents
3
are
cared
for
entirely
or
partially
at
public
expense,
and
an
4
authorized
representative
of
the
designated
protection
and
5
advocacy
agency
shall
have
the
same
right
with
respect
to
6
any
facility
where
one
or
more
residents
have
developmental
7
disabilities
or
mental
illnesses,
and
the
state
fire
marshal
8
or
a
deputy
appointed
pursuant
to
section
135C.9,
subsection
9
1
,
paragraph
“b”
,
shall
have
the
same
right
of
entry
into
any
10
facility
and
the
right
to
inspect
any
records
pertinent
to
11
fire
safety
practices
and
conditions
within
that
facility,
and
12
an
authorized
representative
of
the
office
of
long-term
care
13
ombudsman
shall
have
the
same
right
with
respect
to
any
nursing
14
facility
or
residential
care
facility.
If
any
such
authorized
15
representative
has
probable
cause
to
believe
that
any
16
institution,
building,
or
agency
not
licensed
as
a
health
care
17
facility
is
in
fact
a
health
care
facility
as
defined
by
this
18
chapter
,
and
upon
producing
identification
that
the
individual
19
is
an
authorized
representative
is
denied
entry
thereto
to
20
the
facility
for
the
purpose
of
making
an
inspection,
the
21
authorized
representative
may,
with
the
assistance
of
the
22
county
attorney
of
the
county
in
which
the
purported
health
23
care
facility
is
located,
apply
to
the
district
court
for
an
24
order
requiring
the
owner
or
occupant
to
permit
entry
and
25
inspection
of
the
premises
to
determine
whether
there
have
been
26
any
violations
of
this
chapter
.
27
Sec.
174.
Section
135C.17,
Code
2023,
is
amended
to
read
as
28
follows:
29
135C.17
Duties
of
other
departments.
30
It
shall
be
the
duty
of
the
department
of
health
and
31
human
services,
state
fire
marshal,
office
of
long-term
care
32
ombudsman,
and
the
officers
and
agents
of
other
state
and
local
33
governmental
units,
and
the
designated
protection
and
advocacy
34
agency
to
assist
the
department
in
carrying
out
the
provisions
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of
this
chapter
,
insofar
as
the
functions
of
these
respective
1
offices
and
departments
are
concerned
with
the
health,
welfare,
2
and
safety
of
any
resident
of
any
health
care
facility.
It
3
shall
be
the
duty
of
the
department
to
cooperate
with
the
4
protection
and
advocacy
agency
and
the
office
of
long-term
5
care
ombudsman
by
responding
to
all
reasonable
requests
for
6
assistance
and
information
as
required
by
federal
law
and
this
7
chapter
.
8
Sec.
175.
Section
135C.19,
subsection
2,
paragraph
b,
Code
9
2023,
is
amended
to
read
as
follows:
10
b.
A
copy
of
each
citation
required
to
be
posted
by
this
11
subsection
shall
be
sent
by
the
department
to
the
department
12
of
health
and
human
services,
to
the
designated
protection
13
and
advocacy
agency
if
the
facility
has
one
or
more
residents
14
with
developmental
disabilities
or
mental
illness,
and
to
the
15
office
of
long-term
care
ombudsman
if
the
facility
is
a
nursing
16
facility
or
residential
care
facility.
17
Sec.
176.
Section
135C.19,
subsection
3,
Code
2023,
is
18
amended
to
read
as
follows:
19
3.
If
the
facility
cited
subsequently
advises
the
20
department
of
health
and
human
services
that
the
violation
21
has
been
corrected
to
the
satisfaction
of
the
department
of
22
inspections
and
appeals,
the
department
of
health
and
human
23
services
shall
maintain
this
advisory
in
the
same
file
with
24
the
copy
of
the
citation.
The
department
of
health
and
human
25
services
shall
not
disseminate
to
the
public
any
information
26
regarding
citations
issued
by
the
department
of
inspections
and
27
appeals,
but
shall
forward
or
refer
inquiries
to
the
department
28
of
inspections
and
appeals.
29
Sec.
177.
Section
135C.20A,
subsection
2,
Code
2023,
is
30
amended
to
read
as
follows:
31
2.
The
report
card
form
shall
be
developed
by
the
department
32
in
cooperation
with
representatives
of
the
department
on
33
aging
of
health
and
human
services
,
the
state
long-term
care
34
ombudsman,
representatives
of
certified
volunteer
long-term
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care
ombudsmen,
representatives
of
protection
and
advocacy
1
entities,
consumers,
and
other
interested
persons.
2
Sec.
178.
Section
135C.22,
Code
2023,
is
amended
to
read
as
3
follows:
4
135C.22
Applicable
to
governmental
units.
5
The
provisions
of
this
chapter
shall
be
applicable
to
6
institutions
operated
by
or
under
the
control
of
the
department
7
of
health
and
human
services,
the
state
board
of
regents,
or
8
any
other
governmental
unit.
9
Sec.
179.
Section
135C.31A,
Code
2023,
is
amended
to
read
10
as
follows:
11
135C.31A
Assessment
of
residents
——
program
eligibility
——
12
prescription
drug
coverage.
13
1.
A
health
care
facility
shall
assist
the
Iowa
department
14
of
veterans
affairs
in
identifying,
upon
admission
of
a
15
resident,
the
resident’s
eligibility
for
benefits
through
the
16
United
States
department
of
veterans
affairs.
The
department
17
of
inspections
and
appeals,
in
cooperation
with
the
department
18
of
health
and
human
services,
shall
adopt
rules
to
administer
19
this
section
,
including
a
provision
that
ensures
that
if
a
20
resident
is
eligible
for
benefits
through
the
United
States
21
department
of
veterans
affairs
or
other
third-party
payor,
22
the
payor
of
last
resort
for
reimbursement
to
the
health
care
23
facility
is
the
medical
assistance
program.
The
rules
shall
24
also
require
the
health
care
facility
to
request
information
25
from
a
resident
or
resident’s
personal
representative
regarding
26
the
resident’s
veteran
status
and
to
report
to
the
Iowa
27
department
of
veterans
affairs
only
the
names
of
residents
28
identified
as
potential
veterans
along
with
the
names
of
their
29
spouses
and
any
dependents.
Information
reported
by
the
30
health
care
facility
shall
be
verified
by
the
Iowa
department
31
of
veterans
affairs.
This
section
shall
not
apply
to
the
32
admission
of
an
individual
to
a
state
mental
health
institute
33
for
acute
psychiatric
care
or
to
the
admission
of
an
individual
34
to
the
Iowa
veterans
home.
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2.
a.
If
a
resident
is
identified,
upon
admission
to
a
1
health
care
facility,
as
eligible
for
benefits
through
the
2
United
States
department
of
veterans
affairs
pursuant
to
3
subsection
1
or
through
other
means,
the
health
care
facility
4
shall
allow
the
resident
to
access
any
prescription
drug
5
benefit
included
in
such
benefits
for
which
the
resident
is
6
also
eligible.
The
health
care
facility
shall
also
assist
the
7
Iowa
department
of
veterans
affairs
in
identifying
individuals
8
residing
in
such
health
care
facilities
on
July
1,
2009,
who
9
are
eligible
for
the
prescription
drug
benefit.
10
b.
The
department
of
inspections
and
appeals,
the
department
11
of
veterans
affairs,
and
the
department
of
health
and
human
12
services
shall
identify
any
barriers
to
residents
in
accessing
13
such
prescription
drug
benefits
and
shall
assist
health
14
care
facilities
in
adjusting
their
procedures
for
medication
15
administration
to
comply
with
this
subsection
.
16
Sec.
180.
Section
135C.33,
Code
2023,
is
amended
to
read
as
17
follows:
18
135C.33
Employees
and
certified
nurse
aide
trainees
——
child
19
or
dependent
adult
abuse
information
and
criminal
record
check
20
options
——
evaluations
——
application
to
other
providers
——
21
penalty.
22
1.
a.
For
the
purposes
of
this
section
,
the
term
“crime”
23
does
not
include
offenses
under
chapter
321
classified
as
a
24
simple
misdemeanor
or
equivalent
simple
misdemeanor
offenses
25
from
another
jurisdiction.
26
b.
Prior
to
employment
of
a
person
in
a
facility
or
with
a
27
provider
as
specified
in
subsection
5
,
the
facility
or
provider
28
shall
do
one
of
the
following:
29
(1)
Request
that
the
department
of
public
safety
perform
a
30
criminal
history
check
and
the
record
check
evaluation
system
31
of
the
department
of
health
and
human
services
perform
child
32
and
dependent
adult
abuse
record
checks
of
the
person
in
this
33
state.
34
(2)
Access
the
single
contact
repository
to
perform
the
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required
record
checks.
1
c.
(1)
If
a
facility
or
a
provider
as
specified
in
2
subsection
5
accesses
the
single
contact
repository
to
perform
3
the
required
record
checks
pursuant
to
paragraph
“b”
,
the
4
facility
or
provider
may
utilize
a
third-party
vendor
to
5
perform
a
comprehensive
preliminary
background
check
and
6
provisionally
employ
a
person
being
considered
for
employment
7
pending
completion
of
the
required
record
checks
through
8
the
single
contact
repository
and
the
evaluation
by
the
9
department
of
human
services
record
check
evaluation
system
,
as
10
applicable,
subject
to
all
of
the
following:
11
(a)
If
the
comprehensive
preliminary
background
check
12
determines
that
the
person
being
considered
for
employment
has
13
been
convicted
of
a
crime,
but
the
crime
does
not
constitute
a
14
felony
as
defined
in
section
701.7
and
is
not
a
crime
specified
15
pursuant
to
chapter
708
,
708A
,
709
,
709A
,
710
,
710A
,
711
,
or
16
712
,
or
pursuant
to
section
726.3
,
726.27
,
or
726.28
.
17
(b)
If
the
comprehensive
preliminary
background
check
18
determines
the
person
being
considered
for
employment
does
not
19
have
a
record
of
founded
child
abuse
or
dependent
adult
abuse
20
or
if
an
exception
pursuant
to
subsection
4
is
applicable
to
21
the
person.
22
(c)
If
the
facility
or
provider
has
requested
an
evaluation
23
in
accordance
with
subsection
2
,
paragraph
“a”
,
to
determine
24
whether
the
crime
warrants
prohibition
of
the
person’s
25
employment
in
the
facility
or
with
the
provider.
26
(2)
The
provisional
employment
under
this
paragraph
“c”
27
may
continue
until
such
time
as
the
required
record
checks
28
through
the
single
contact
repository
and
the
evaluation
by
the
29
department
of
human
services
record
check
evaluation
system
,
30
as
applicable,
are
completed.
31
d.
A
facility
or
provider
shall
inform
all
persons
prior
32
to
employment
regarding
the
performance
of
the
record
checks
33
and
shall
obtain,
from
the
persons,
a
signed
acknowledgment
of
34
the
receipt
of
the
information.
A
facility
or
provider
shall
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include
the
following
inquiry
in
an
application
for
employment:
1
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
2
or
have
you
ever
been
convicted
of
a
crime
other
than
a
simple
3
misdemeanor
offense
relating
to
motor
vehicles
and
laws
of
the
4
road
under
chapter
321
or
equivalent
provisions,
in
this
state
5
or
any
other
state?
6
2.
a.
If
it
is
determined
that
a
person
being
considered
7
for
employment
in
a
facility
or
with
a
provider
has
been
8
convicted
of
a
crime
under
a
law
of
any
state,
the
department
9
of
public
safety
shall
notify
the
facility
or
provider
that
10
upon
the
request
of
the
facility
or
provider
the
department
of
11
human
services
record
check
evaluation
system
will
perform
an
12
evaluation
to
determine
whether
the
crime
warrants
prohibition
13
of
the
person’s
employment
in
the
facility
or
with
the
14
provider.
15
b.
(1)
If
a
person
being
considered
for
employment,
other
16
than
employment
involving
the
operation
of
a
motor
vehicle,
has
17
been
convicted
of
a
crime
listed
in
subparagraph
(2)
but
does
18
not
have
a
record
of
founded
child
or
dependent
adult
abuse
19
and
the
facility
or
provider
has
requested
an
evaluation
in
20
accordance
with
paragraph
“a”
to
determine
whether
the
crime
21
warrants
prohibition
of
the
person’s
employment,
the
facility
22
or
provider
may
employ
the
person
for
not
more
than
sixty
23
calendar
days
pending
completion
of
the
evaluation.
24
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
25
misdemeanor
offense
under
section
123.47
,
and
to
a
crime
26
that
is
a
first
offense
of
operating
a
motor
vehicle
while
27
intoxicated
under
section
321J.2,
subsection
1
.
28
c.
If
a
department
of
human
services
record
check
evaluation
29
system
child
or
dependent
adult
abuse
record
check
shows
30
that
such
person
has
a
record
of
founded
child
or
dependent
31
adult
abuse,
the
department
of
human
services
record
check
32
evaluation
system
shall
notify
the
facility
or
provider
that
33
upon
the
request
of
the
facility
or
provider
the
department
of
34
human
services
record
check
evaluation
system
will
perform
an
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evaluation
to
determine
whether
the
founded
child
or
dependent
1
adult
abuse
warrants
prohibition
of
employment
in
the
facility
2
or
with
the
provider.
3
d.
An
evaluation
performed
under
this
subsection
shall
4
be
performed
in
accordance
with
procedures
adopted
for
this
5
purpose
by
the
department
of
health
and
human
services.
6
e.
(1)
If
a
person
owns
or
operates
more
than
one
facility
7
or
a
provider
owns
or
operates
more
than
one
location,
and
8
an
employee
of
one
of
such
facilities
or
provider
locations
9
is
transferred
to
another
such
facility
or
provider
location
10
without
a
lapse
in
employment,
the
facility
or
provider
is
not
11
required
to
request
additional
criminal
and
child
and
dependent
12
adult
abuse
record
checks
of
that
employee.
13
(2)
If
the
ownership
of
a
facility
or
provider
is
14
transferred,
at
the
time
of
transfer
the
record
checks
required
15
by
this
section
shall
be
performed
for
each
employee
for
whom
16
there
is
no
documentation
that
such
record
checks
have
been
17
performed.
The
facility
or
provider
may
continue
to
employ
18
such
employee
pending
the
performance
of
the
record
checks
and
19
any
related
evaluation.
20
3.
In
an
evaluation,
the
department
of
human
services
21
record
check
evaluation
system
shall
consider
the
nature
and
22
seriousness
of
the
crime
or
founded
child
or
dependent
adult
23
abuse
in
relation
to
the
position
sought
or
held,
the
time
24
elapsed
since
the
commission
of
the
crime
or
founded
child
25
or
dependent
adult
abuse,
the
circumstances
under
which
the
26
crime
or
founded
child
or
dependent
adult
abuse
was
committed,
27
the
degree
of
rehabilitation,
the
likelihood
that
the
person
28
will
commit
the
crime
or
founded
child
or
dependent
adult
29
abuse
again,
and
the
number
of
crimes
or
founded
child
or
30
dependent
adult
abuses
committed
by
the
person
involved.
If
31
the
department
of
human
services
record
check
evaluation
system
32
performs
an
evaluation
for
the
purposes
of
this
section
,
the
33
department
of
human
services
record
check
evaluation
system
34
has
final
authority
in
determining
whether
prohibition
of
the
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person’s
employment
is
warranted.
1
4.
a.
Except
as
provided
in
subsection
1
,
paragraph
“c”
,
2
subsection
2
,
and
paragraph
“b”
of
this
subsection
,
a
person
3
who
has
committed
a
crime
or
has
a
record
of
founded
child
or
4
dependent
adult
abuse
shall
not
be
employed
in
a
facility
or
5
with
a
provider
unless
an
evaluation
has
been
performed
by
the
6
department
of
human
services
record
check
evaluation
system
.
7
b.
A
person
with
a
criminal
or
abuse
record
who
is
or
was
8
employed
by
a
facility
or
provider
and
is
hired
by
another
9
facility
or
provider
shall
be
subject
to
the
criminal
history
10
and
abuse
record
checks
required
pursuant
to
subsection
1
.
11
However,
if
an
evaluation
was
previously
performed
by
the
12
department
of
human
services
record
check
evaluation
system
13
concerning
the
person’s
criminal
or
abuse
record
and
it
was
14
determined
that
the
record
did
not
warrant
prohibition
of
15
the
person’s
employment
and
the
latest
record
checks
do
not
16
indicate
a
crime
was
committed
or
founded
abuse
record
was
17
entered
subsequent
to
that
evaluation,
the
person
may
commence
18
employment
with
the
other
facility
or
provider
in
accordance
19
with
the
department
of
human
services’
record
check
evaluation
20
system’s
evaluation
and
an
exemption
from
the
requirements
in
21
paragraph
“a”
for
reevaluation
of
the
latest
record
checks
22
is
authorized.
Otherwise,
the
requirements
of
paragraph
“a”
23
remain
applicable
to
the
person’s
employment.
Authorization
24
of
an
exemption
under
this
paragraph
“b”
from
requirements
for
25
reevaluation
of
the
latest
record
checks
by
the
department
of
26
human
services
record
check
evaluation
system
is
subject
to
all
27
of
the
following
provisions:
28
(1)
The
position
with
the
subsequent
employer
is
29
substantially
the
same
or
has
the
same
job
responsibilities
as
30
the
position
for
which
the
previous
evaluation
was
performed.
31
(2)
Any
restrictions
placed
on
the
person’s
employment
in
32
the
previous
evaluation
by
the
department
of
human
services
33
record
check
evaluation
system
shall
remain
applicable
in
the
34
person’s
subsequent
employment.
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(3)
The
person
subject
to
the
record
checks
has
maintained
a
1
copy
of
the
previous
evaluation
and
provides
the
evaluation
to
2
the
subsequent
employer
or
the
previous
employer
provides
the
3
previous
evaluation
from
the
person’s
personnel
file
pursuant
4
to
the
person’s
authorization.
If
a
physical
copy
of
the
5
previous
evaluation
is
not
provided
to
the
subsequent
employer,
6
the
record
checks
shall
be
reevaluated.
7
(4)
Although
an
exemption
under
this
paragraph
“b”
may
8
be
authorized,
the
subsequent
employer
may
instead
request
a
9
reevaluation
of
the
record
checks
and
may
employ
the
person
10
while
the
reevaluation
is
being
performed.
11
5.
a.
This
section
shall
also
apply
to
prospective
12
employees
of
all
of
the
following,
if
the
provider
is
regulated
13
by
the
state
or
receives
any
state
or
federal
funding:
14
(1)
An
employee
of
a
homemaker-home
health
aide,
home
care
15
aide,
adult
day
services,
or
other
provider
of
in-home
services
16
if
the
employee
provides
direct
services
to
consumers.
17
(2)
An
employee
of
a
hospice,
if
the
employee
provides
18
direct
services
to
consumers.
19
(3)
An
employee
who
provides
direct
services
to
consumers
20
under
a
federal
home
and
community-based
services
waiver.
21
(4)
An
employee
of
an
elder
group
home
certified
under
22
chapter
231B
,
if
the
employee
provides
direct
services
to
23
consumers.
24
(5)
An
employee
of
an
assisted
living
program
certified
25
under
chapter
231C
,
if
the
employee
provides
direct
services
26
to
consumers.
27
b.
In
substantial
conformance
with
the
provisions
of
this
28
section
,
including
the
provision
authorizing
provisional
29
employment
following
completion
of
a
comprehensive
preliminary
30
background
check,
prior
to
the
employment
of
such
an
employee,
31
the
provider
shall
request
the
performance
of
the
criminal
32
and
child
and
dependent
adult
abuse
record
checks.
The
33
provider
shall
inform
the
prospective
employee
and
obtain
the
34
prospective
employee’s
signed
acknowledgment.
The
department
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of
human
services
record
check
evaluation
system
shall
perform
1
the
evaluation
of
any
criminal
record
or
founded
child
or
2
dependent
adult
abuse
record
and
shall
make
the
determination
3
of
whether
a
prospective
employee
of
a
provider
shall
not
be
4
employed
by
the
provider.
5
6.
a.
This
section
shall
also
apply
to
an
employee
of
6
a
temporary
staffing
agency
that
provides
staffing
for
a
7
facility,
service,
program,
or
other
provider
regulated
by
this
8
section
if
the
employee
provides
direct
services
to
consumers.
9
b.
In
substantial
conformance
with
the
provisions
of
this
10
section
,
including
the
provision
authorizing
provisional
11
employment
following
completion
of
a
comprehensive
preliminary
12
background
check,
prior
to
the
employment
of
such
an
employee,
13
the
temporary
staffing
agency
shall
request
the
performance
of
14
the
criminal
and
child
and
dependent
adult
abuse
record
checks.
15
The
temporary
staffing
agency
shall
inform
the
prospective
16
employee
and
obtain
the
prospective
employee’s
signed
17
acknowledgment.
The
department
of
human
services
record
check
18
evaluation
system
shall
perform
the
evaluation
of
any
criminal
19
record
or
founded
child
or
dependent
adult
abuse
record
20
and
shall
make
the
determination
of
whether
a
prospective
21
employee
of
a
temporary
staffing
agency
shall
not
be
employed
22
by
the
assisted
living
program
as
defined
in
section
231C.2
,
23
the
Medicare
certified
home
health
agency,
or
the
facility,
24
service,
program,
or
other
provider
regulated
by
this
section
.
25
c.
If
a
person
employed
by
a
temporary
staffing
agency
that
26
is
subject
to
this
section
is
convicted
of
a
crime
or
has
a
27
record
of
founded
child
or
dependent
adult
abuse
entered
in
the
28
abuse
registry
after
the
person’s
employment
application
date,
29
the
person
shall
inform
the
temporary
staffing
agency
within
30
forty-eight
hours
and
the
temporary
staffing
agency
shall
31
inform
the
facility,
service,
program,
or
other
provider
within
32
two
hours.
33
d.
If
a
temporary
staffing
agency
fails
to
comply
with
the
34
requirements
of
this
section
,
the
temporary
staffing
agency
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shall
be
liable
to
the
facility,
service,
program,
or
other
1
provider
for
any
actual
damages,
including
civil
penalties,
and
2
reasonable
attorney
fees.
3
e.
This
section
shall
not
apply
to
employees
employed
by
a
4
temporary
staffing
agency
for
a
position
that
does
not
provide
5
direct
services
to
consumers.
6
7.
a.
The
department
of
inspections
and
appeals,
in
7
conjunction
with
other
departments
and
agencies
of
state
8
government
involved
with
criminal
history
and
abuse
registry
9
information,
shall
establish
a
single
contact
repository
for
10
facilities
and
other
providers
to
have
electronic
access
to
11
data
to
perform
background
checks
for
purposes
of
employment,
12
as
required
of
the
facilities
and
other
providers
under
this
13
section
.
14
b.
The
department
may
access
the
single
contact
repository
15
for
any
of
the
following
purposes:
16
(1)
To
verify
data
transferred
from
the
department’s
nurse
17
aide
registry
to
the
repository.
18
(2)
To
conduct
record
checks
of
applicants
for
employment
19
with
the
department.
20
8.
a.
If
a
person
employed
by
a
facility,
service,
or
21
program
employer
that
is
subject
to
this
section
is
convicted
22
of
a
crime
or
has
a
record
of
founded
child
or
dependent
23
adult
abuse
entered
in
the
abuse
registry
after
the
person’s
24
employment
application
date,
the
person
shall
inform
the
25
employer
of
such
information
within
forty-eight
hours
of
the
26
criminal
conviction
or
entry
of
the
record
of
founded
child
or
27
dependent
adult
abuse.
The
employer
shall
act
to
verify
the
28
information
within
seven
calendar
days
of
notification.
If
29
the
information
is
verified,
the
requirements
of
subsections
30
2,
3,
and
4
regarding
employability
and
evaluations
shall
31
be
applied
by
the
employer
to
determine
whether
or
not
the
32
person’s
employment
is
continued.
The
employer
may
continue
to
33
employ
the
person
pending
the
performance
of
an
evaluation
by
34
the
department
of
human
services
record
check
evaluation
system
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to
determine
whether
prohibition
of
the
person’s
employment
1
is
warranted.
A
person
who
is
required
by
this
subsection
to
2
inform
the
person’s
employer
of
a
conviction
or
entry
of
an
3
abuse
record
and
fails
to
do
so
within
the
required
period
4
commits
a
serious
misdemeanor.
5
b.
If
a
facility,
service,
or
program
employer
receives
6
credible
information,
as
determined
by
the
employer,
that
a
7
person
employed
by
the
employer
has
been
convicted
of
a
crime
8
or
a
record
of
founded
child
or
dependent
adult
abuse
has
been
9
entered
in
the
abuse
registry
after
employment
from
a
person
10
other
than
the
employee
and
the
employee
has
not
informed
11
the
employer
of
such
information
within
the
period
required
12
under
paragraph
“a”
,
the
employer
shall
act
to
verify
the
13
credible
information
within
seven
calendar
days
of
receipt
of
14
the
credible
information.
If
the
information
is
verified,
the
15
requirements
of
subsections
2,
3,
and
4
regarding
employability
16
and
evaluations
shall
be
applied
to
determine
whether
or
not
17
the
person’s
employment
is
continued.
18
c.
The
employer
may
notify
the
county
attorney
for
the
19
county
where
the
employer
is
located
of
any
violation
or
20
failure
by
an
employee
to
notify
the
employer
of
a
criminal
21
conviction
or
entry
of
an
abuse
record
within
the
period
22
required
under
paragraph
“a”
.
23
9.
a.
For
the
purposes
of
this
subsection
,
unless
the
24
context
otherwise
requires:
25
(1)
“Certified
nurse
aide
training
program”
means
a
program
26
approved
in
accordance
with
the
rules
for
such
programs
adopted
27
by
the
department
of
health
and
human
services
for
the
training
28
of
persons
seeking
to
be
a
certified
nurse
aide
for
employment
29
in
any
of
the
facilities
or
programs
this
section
applies
to
or
30
in
a
hospital,
as
defined
in
section
135B.1
.
31
(2)
“Student”
means
a
person
applying
for,
enrolled
in,
or
32
returning
to
a
certified
nurse
aide
training
program.
33
b.
(1)
Prior
to
a
student
beginning
or
returning
to
a
34
certified
nurse
aide
training
program,
the
program
shall
do
one
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of
the
following:
1
(a)
Request
that
the
department
of
public
safety
perform
2
a
criminal
history
check
and
the
department
of
human
services
3
record
check
evaluation
system
perform
child
and
dependent
4
adult
abuse
record
checks,
in
this
state,
of
the
student.
5
(b)
Access
the
single
contact
repository
to
perform
the
6
required
record
checks.
7
(2)
If
a
program
accesses
the
single
contact
repository
to
8
perform
the
required
record
checks
pursuant
to
subparagraph
9
(1),
the
program
may
utilize
a
third-party
vendor
to
perform
a
10
comprehensive
preliminary
background
check
to
allow
a
person
11
to
provisionally
participate
in
the
clinical
component
of
the
12
certified
nurse
aide
training
program
pending
completion
of
the
13
required
record
checks
through
the
single
contact
repository
14
and
the
evaluation
by
the
department
of
human
services
record
15
check
evaluation
system
,
as
applicable,
subject
to
all
of
the
16
following:
17
(a)
If
the
comprehensive
preliminary
background
check
18
determines
that
the
person
being
considered
for
provisional
19
participation
has
been
convicted
of
a
crime
but
the
crime
does
20
not
constitute
a
felony
as
defined
in
section
701.7
and
is
not
21
a
crime
specified
pursuant
to
chapter
708
,
708A
,
709
,
709A
,
22
710
,
710A
,
711
,
or
712
,
or
pursuant
to
section
726.3
,
726.27
,
23
or
726.28
.
24
(b)
If
the
comprehensive
preliminary
background
check
25
determines
the
person
being
considered
for
provisional
26
participation
does
not
have
a
record
of
founded
child
abuse
or
27
dependent
adult
abuse
or
if
an
exception
pursuant
to
subsection
28
4
is
applicable
to
the
person.
29
(c)
If
the
program
has
requested
an
evaluation
in
accordance
30
with
subsection
2
,
paragraph
“a”
,
to
determine
whether
the
crime
31
warrants
prohibition
of
the
person’s
provisional
participation.
32
(d)
The
provisional
participation
under
this
subparagraph
33
(2)
may
continue
until
such
time
as
the
required
record
checks
34
through
the
single
contact
repository
and
the
evaluation
by
the
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department
of
human
services
record
check
evaluation
system
,
1
as
applicable,
are
completed.
2
c.
If
a
student
has
a
criminal
record
or
a
record
of
3
founded
child
or
dependent
adult
abuse,
the
student
shall
4
not
be
involved
in
a
clinical
education
component
of
the
5
certified
nurse
aide
training
program
involving
children
or
6
dependent
adults
unless
an
evaluation
has
been
performed
by
the
7
department
of
human
services
record
check
evaluation
system
.
8
Upon
request
of
the
certified
nurse
aide
training
program,
the
9
department
of
human
services
record
check
evaluation
system
10
shall
perform
an
evaluation
to
determine
whether
the
record
11
warrants
prohibition
of
the
student’s
involvement
in
a
clinical
12
education
component
of
the
certified
nurse
aide
training
13
program
involving
children
or
dependent
adults.
The
evaluation
14
shall
be
performed
in
accordance
with
the
criteria
specified
in
15
subsection
3
,
and
the
department
of
human
services
record
check
16
evaluation
system
shall
report
the
results
of
the
evaluation
17
to
the
certified
nurse
aide
training
program.
The
department
18
of
human
services
record
check
evaluation
system
has
final
19
authority
in
determining
whether
prohibition
of
the
student’s
20
involvement
in
the
clinical
education
component
is
warranted.
21
d.
(1)
If
a
student’s
clinical
education
component
of
the
22
training
program
involves
children
or
dependent
adults
but
23
does
not
involve
operation
of
a
motor
vehicle,
and
the
student
24
has
been
convicted
of
a
crime
listed
in
subparagraph
(2),
but
25
does
not
have
a
record
of
founded
child
or
dependent
adult
26
abuse,
and
the
training
program
has
requested
an
evaluation
in
27
accordance
with
paragraph
“c”
to
determine
whether
the
crime
28
warrants
prohibition
of
the
student’s
involvement
in
such
29
clinical
education
component,
the
training
program
may
allow
30
the
student’s
participation
in
the
component
for
not
more
than
31
sixty
days
pending
completion
of
the
evaluation.
32
(2)
Subparagraph
(1)
applies
to
a
crime
that
is
a
simple
33
misdemeanor
offense
under
section
123.47
,
and
to
a
crime
34
that
is
a
first
offense
of
operating
a
motor
vehicle
while
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intoxicated
under
section
321J.2,
subsection
1
.
1
e.
(1)
If
a
student
is
convicted
of
a
crime
or
has
a
2
record
of
founded
child
or
dependent
adult
abuse
entered
in
the
3
abuse
registry
after
the
record
checks
and
any
evaluation
have
4
been
performed,
the
student
shall
inform
the
certified
nurse
5
aide
training
program
of
such
information
within
forty-eight
6
hours
of
the
criminal
conviction
or
entry
of
the
record
of
7
founded
child
or
dependent
adult
abuse.
The
program
shall
8
act
to
verify
the
information
within
seven
calendar
days
of
9
notification.
If
the
information
is
verified,
the
requirements
10
of
paragraph
“c”
shall
be
applied
by
the
program
to
determine
11
whether
or
not
the
student’s
involvement
in
a
clinical
12
education
component
may
continue.
The
program
may
allow
13
the
student
involvement
to
continue
pending
the
performance
14
of
an
evaluation
by
the
department
of
human
services
record
15
check
evaluation
system
.
A
student
who
is
required
by
this
16
subparagraph
to
inform
the
program
of
a
conviction
or
entry
of
17
an
abuse
record
and
fails
to
do
so
within
the
required
period
18
commits
a
serious
misdemeanor.
19
(2)
If
a
program
receives
credible
information,
as
20
determined
by
the
program,
that
a
student
has
been
convicted
21
of
a
crime
or
a
record
of
founded
child
or
dependent
adult
22
abuse
has
been
entered
in
the
abuse
registry
after
the
record
23
checks
and
any
evaluation
have
been
performed,
from
a
person
24
other
than
the
student
and
the
student
has
not
informed
the
25
program
of
such
information
within
the
period
required
under
26
subparagraph
(1),
the
program
shall
act
to
verify
the
credible
27
information
within
seven
calendar
days
of
receipt
of
the
28
credible
information.
If
the
information
is
verified,
the
29
requirements
of
paragraph
“c”
shall
be
applied
to
determine
30
whether
or
not
the
student’s
involvement
in
a
clinical
31
education
component
may
continue.
32
(3)
The
program
may
notify
the
county
attorney
for
the
33
county
where
the
program
is
located
of
any
violation
or
failure
34
by
a
student
to
notify
the
program
of
a
criminal
conviction
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or
entry
of
an
abuse
record
within
the
period
required
under
1
subparagraph
(1).
2
f.
If
a
certified
nurse
aide
training
program
is
conducted
3
by
a
health
care
facility
and
a
student
of
that
program
4
subsequently
accepts
and
begins
employment
with
the
facility
5
within
thirty
days
of
completing
the
program,
the
criminal
6
history
and
abuse
registry
checks
of
the
student
performed
7
pursuant
to
this
subsection
shall
be
deemed
to
fulfill
the
8
requirements
for
such
checks
prior
to
employment
pursuant
to
9
subsection
1
.
10
Sec.
181.
Section
135D.2,
subsections
3
and
13,
Code
2023,
11
are
amended
to
read
as
follows:
12
3.
“Department”
means
the
department
of
public
health
and
13
human
services
.
14
13.
“
Iowa
Medicaid
enterprise
program
”
means
the
centralized
15
medical
assistance
program
infrastructure,
based
on
a
business
16
enterprise
model,
and
designed
to
foster
collaboration
among
17
all
program
stakeholders
by
focusing
on
quality,
integrity,
and
18
consistency
as
defined
in
section
249A.2
.
19
Sec.
182.
Section
135D.6,
subsection
2,
Code
2023,
is
20
amended
to
read
as
follows:
21
2.
A
single
industry
shall
not
be
disproportionately
22
represented
as
voting
members
of
the
board.
The
board
shall
23
include
at
least
one
member
who
is
a
consumer
of
health
24
services
and
a
majority
of
the
voting
members
of
the
board
25
shall
be
representative
of
participants
in
the
Iowa
health
26
information
network.
The
director
of
public
health
and
human
27
services
or
the
director’s
designee
and
the
director
of
the
28
Iowa
Medicaid
enterprise
program
or
the
director’s
designee
29
shall
act
as
voting
members
of
the
board.
The
commissioner
30
of
insurance
shall
act
as
an
ex
officio,
nonvoting
member
of
31
the
board.
Individuals
serving
in
an
ex
officio,
nonvoting
32
capacity
shall
not
be
included
in
the
total
number
of
33
individuals
authorized
as
members
of
the
board.
34
Sec.
183.
Section
135D.6,
subsection
3,
paragraph
f,
Code
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2023,
is
amended
to
read
as
follows:
1
f.
Provide
an
annual
budget
and
fiscal
report
for
the
Iowa
2
health
information
network
to
the
governor,
the
department
of
3
public
health
and
human
services
,
the
department
of
management,
4
the
chairs
and
ranking
members
of
the
legislative
government
5
oversight
standing
committees,
and
the
legislative
services
6
agency.
The
report
shall
also
include
information
about
the
7
services
provided
through
the
network
and
information
on
the
8
participant
usage
of
the
network.
9
Sec.
184.
Section
135G.10,
Code
2023,
is
amended
to
read
as
10
follows:
11
135G.10
Rules.
12
1.
The
department
of
inspections
and
appeals
and
the
13
department
of
health
and
human
services
shall
collaborate
14
in
establishing
standards
for
licensing
of
subacute
care
15
facilities
to
achieve
all
of
the
following
objectives:
16
a.
Subacute
mental
health
services
are
provided
based
on
17
sound,
proven
clinical
practice.
18
b.
Subacute
mental
health
services
are
established
in
a
19
manner
that
allows
the
services
to
be
included
in
the
federal
20
medical
assistance
state
plan.
21
2.
It
is
the
intent
of
the
general
assembly
that
subacute
22
mental
health
services
be
included
in
the
Medicaid
state
23
plan
adopted
for
the
implementation
of
the
federal
Patient
24
Protection
and
Affordable
Care
Act,
benchmark
plan.
25
3.
The
department
of
inspections
and
appeals,
in
26
consultation
with
the
department
of
health
and
human
services
27
and
affected
professional
groups,
shall
adopt
and
enforce
rules
28
setting
out
the
standards
for
a
subacute
care
facility
and
the
29
rights
of
the
residents
admitted
to
a
subacute
care
facility.
30
The
department
of
inspections
and
appeals
and
the
department
31
of
health
and
human
services
shall
coordinate
the
adoption
of
32
rules
and
the
enforcement
of
the
rules
in
order
to
prevent
33
duplication
of
effort
by
the
departments
and
of
requirements
of
34
the
licensee.
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Sec.
185.
Section
135G.11,
subsection
2,
Code
2023,
is
1
amended
to
read
as
follows:
2
2.
Upon
receipt
of
a
complaint
made
in
accordance
with
3
subsection
1
,
the
department
shall
make
a
preliminary
review
4
of
the
complaint.
Unless
the
department
concludes
that
the
5
complaint
is
intended
to
harass
a
subacute
care
facility
or
6
a
licensee
or
is
without
reasonable
basis,
it
shall
within
7
twenty
working
days
of
receipt
of
the
complaint
make
or
cause
8
to
be
made
an
on-site
inspection
of
the
subacute
care
facility
9
which
is
the
subject
of
the
complaint.
The
department
of
10
inspections
and
appeals
may
refer
to
the
department
of
health
11
and
human
services
any
complaint
received
by
the
department
12
of
inspections
and
appeals
if
the
complaint
applies
to
rules
13
adopted
by
the
department
of
health
and
human
services.
The
14
complainant
shall
also
be
notified
of
the
name,
address,
and
15
telephone
number
of
the
designated
protection
and
advocacy
16
agency
if
the
alleged
violation
involves
a
facility
with
one
17
or
more
residents
with
a
developmental
disability
or
mental
18
illness.
In
any
case,
the
complainant
shall
be
promptly
19
informed
of
the
result
of
any
action
taken
by
the
department
20
in
the
matter.
21
Sec.
186.
Section
135H.4,
Code
2023,
is
amended
to
read
as
22
follows:
23
135H.4
Licensure.
24
A
person
shall
not
establish,
operate,
or
maintain
a
25
psychiatric
medical
institution
for
children
unless
the
person
26
obtains
a
license
for
the
institution
under
this
chapter
and
27
either
holds
a
license
under
section
237.3,
subsection
2
,
28
paragraph
“a”
,
as
a
comprehensive
residential
facility
for
29
children
or
holds
a
license
under
section
125.13
,
if
the
30
facility
provides
substance
abuse
use
disorder
treatment.
31
Sec.
187.
Section
135H.6,
subsection
1,
paragraph
e,
Code
32
2023,
is
amended
to
read
as
follows:
33
e.
The
department
of
health
and
human
services
has
submitted
34
written
approval
of
the
application
based
on
the
department
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of
health
and
human
services’
determination
of
need.
The
1
department
of
health
and
human
services
shall
identify
the
2
location
and
number
of
children
in
the
state
who
require
the
3
services
of
a
psychiatric
medical
institution
for
children.
4
Approval
of
an
application
shall
be
based
upon
the
location
5
of
the
proposed
psychiatric
institution
relative
to
the
need
6
for
services
identified
by
the
department
of
health
and
human
7
services
and
an
analysis
of
the
applicant’s
ability
to
provide
8
services
and
support
consistent
with
requirements
under
chapter
9
232
,
particularly
regarding
community-based
treatment.
If
10
the
proposed
psychiatric
institution
is
not
freestanding
from
11
a
facility
licensed
under
chapter
135B
or
135C
,
approval
12
under
this
paragraph
shall
not
be
given
unless
the
department
13
of
health
and
human
services
certifies
that
the
proposed
14
psychiatric
institution
is
capable
of
providing
a
resident
with
15
a
living
environment
similar
to
the
living
environment
provided
16
by
a
licensee
which
is
freestanding
from
a
facility
licensed
17
under
chapter
135B
or
135C
.
18
Sec.
188.
Section
135H.6,
subsections
2,
3,
4,
and
5,
Code
19
2023,
are
amended
to
read
as
follows:
20
2.
The
department
of
health
and
human
services
shall
21
not
give
approval
to
an
application
which
would
cause
the
22
total
number
of
beds
licensed
under
this
chapter
for
services
23
reimbursed
by
the
medical
assistance
program
under
chapter
249A
24
to
exceed
four
hundred
thirty
beds.
25
3.
In
addition
to
the
beds
authorized
under
subsection
26
2
,
the
department
of
health
and
human
services
may
establish
27
not
more
than
thirty
beds
licensed
under
this
chapter
at
the
28
state
mental
health
institute
at
Independence.
The
beds
shall
29
be
exempt
from
the
certificate
of
need
requirement
under
30
subsection
1
,
paragraph
“d”
.
31
4.
The
department
of
health
and
human
services
may
give
32
approval
to
conversion
of
beds
approved
under
subsection
2
,
33
to
beds
which
are
specialized
to
provide
substance
abuse
34
use
disorder
treatment.
However,
the
total
number
of
beds
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approved
under
subsection
2
and
this
subsection
shall
not
1
exceed
four
hundred
thirty.
Conversion
of
beds
under
this
2
subsection
shall
not
require
a
revision
of
the
certificate
3
of
need
issued
for
the
psychiatric
institution
making
the
4
conversion.
Beds
for
children
who
do
not
reside
in
this
state
5
and
whose
service
costs
are
not
paid
by
public
funds
in
this
6
state
are
not
subject
to
the
limitations
on
the
number
of
beds
7
and
certificate
of
need
requirements
otherwise
applicable
under
8
this
section
.
9
5.
A
psychiatric
institution
licensed
prior
to
July
1,
1999,
10
may
exceed
the
number
of
beds
authorized
under
subsection
2
11
if
the
excess
beds
are
used
to
provide
services
funded
from
a
12
source
other
than
the
medical
assistance
program
under
chapter
13
249A
.
Notwithstanding
subsection
1
,
paragraphs
“d”
and
“e”
,
14
and
subsection
2
,
the
provision
of
services
using
those
excess
15
beds
does
not
require
a
certificate
of
need
or
a
review
by
the
16
department
of
health
and
human
services.
17
Sec.
189.
Section
135H.7,
Code
2023,
is
amended
to
read
as
18
follows:
19
135H.7
Personnel.
20
1.
A
person
shall
not
be
allowed
to
provide
services
in
a
21
psychiatric
institution
if
the
person
has
a
disease
which
is
22
transmissible
to
other
persons
through
required
contact
in
the
23
workplace,
which
presents
a
significant
risk
of
infecting
other
24
persons,
which
presents
a
substantial
possibility
of
harming
25
other
persons,
or
for
which
no
reasonable
accommodation
can
26
eliminate
the
risk
of
infecting
other
persons.
27
2.
a.
If
a
person
is
being
considered
for
licensure
under
28
this
chapter
,
or
for
employment
involving
direct
responsibility
29
for
a
child
or
with
access
to
a
child
when
the
child
is
alone,
30
by
a
licensed
psychiatric
institution,
or
if
a
person
will
31
reside
in
a
facility
utilized
by
a
licensee,
and
if
the
person
32
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
33
abuse,
the
department
of
human
services
record
check
evaluation
34
system
and
the
licensee
,
for
an
employee
of
the
licensee
,
shall
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perform
an
evaluation
to
determine
whether
the
crime
or
founded
1
child
abuse
warrants
prohibition
of
licensure,
employment,
or
2
residence
in
the
facility.
The
record
check
evaluation
system
3
of
the
department
of
health
and
human
services
shall
conduct
4
criminal
and
child
abuse
record
checks
in
this
state
and
may
5
conduct
these
checks
in
other
states.
The
evaluation
shall
6
be
performed
in
accordance
with
procedures
adopted
for
this
7
purpose
by
the
department
of
health
and
human
services.
8
b.
If
the
department
of
human
services
record
check
9
evaluation
system
determines
that
a
person
has
committed
a
10
crime
or
has
a
record
of
founded
child
abuse
and
is
licensed,
11
employed
by
a
psychiatric
institution
licensed
under
this
12
chapter
,
or
resides
in
a
licensed
facility,
the
department
13
record
check
evaluation
system
shall
notify
the
program
14
that
an
evaluation
will
be
conducted
to
determine
whether
15
prohibition
of
the
person’s
licensure,
employment,
or
residence
16
is
warranted.
17
c.
In
an
evaluation,
the
department
of
human
services
18
record
check
evaluation
system
and
the
licensee
for
an
employee
19
of
the
licensee
shall
consider
the
nature
and
seriousness
of
20
the
crime
or
founded
child
abuse
in
relation
to
the
position
21
sought
or
held,
the
time
elapsed
since
the
commission
of
the
22
crime
or
founded
child
abuse,
the
circumstances
under
which
23
the
crime
or
founded
child
abuse
was
committed,
the
degree
of
24
rehabilitation,
the
likelihood
that
the
person
will
commit
the
25
crime
or
founded
child
abuse
again,
and
the
number
of
crimes
26
or
founded
child
abuses
committed
by
the
person
involved.
27
The
department
record
check
evaluation
system
may
permit
a
28
person
who
is
evaluated
to
be
licensed,
employed,
or
to
reside,
29
or
to
continue
to
be
licensed,
employed,
or
to
reside
in
a
30
licensed
facility,
if
the
person
complies
with
the
department’s
31
record
check
evaluation
system’s
conditions
relating
to
the
32
person’s
licensure,
employment,
or
residence,
which
may
include
33
completion
of
additional
training.
For
an
employee
of
a
34
licensee,
these
conditional
requirements
shall
be
developed
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with
the
licensee.
The
department
of
human
services
record
1
check
evaluation
system
has
final
authority
in
determining
2
whether
prohibition
of
the
person’s
licensure,
employment,
3
or
residence
is
warranted
and
in
developing
any
conditional
4
requirements
under
this
paragraph.
5
3.
If
the
department
of
human
services
record
check
6
evaluation
system
determines
that
the
person
has
committed
a
7
crime
or
has
a
record
of
founded
child
abuse
which
warrants
8
prohibition
of
licensure,
employment,
or
residence,
the
9
person
shall
not
be
licensed
under
this
chapter
to
operate
10
a
psychiatric
institution
and
shall
not
be
employed
by
a
11
psychiatric
institution
or
reside
in
a
facility
licensed
under
12
this
chapter
.
13
4.
In
addition
to
the
record
checks
required
under
14
subsection
2
,
the
department
of
human
services
record
check
15
evaluation
system
may
conduct
dependent
adult
abuse
record
16
checks
in
this
state
and
may
conduct
these
checks
in
other
17
states,
on
a
random
basis.
The
provisions
of
subsections
2
and
18
3
,
relative
to
an
evaluation
following
a
determination
that
a
19
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
20
child
abuse,
shall
also
apply
to
a
random
dependent
adult
abuse
21
record
check
conducted
under
this
subsection
.
22
5.
Beginning
July
1,
1994,
a
A
licensee
shall
inform
all
new
23
applicants
for
employment
of
the
possibility
of
the
performance
24
of
a
record
check
and
shall
obtain,
from
the
applicant,
a
25
signed
acknowledgment
of
the
receipt
of
the
information.
26
6.
On
or
after
July
1,
1994,
a
A
licensee
shall
include
the
27
following
inquiry
in
an
application
for
employment:
28
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
29
or
have
you
ever
been
convicted
of
a
crime,
in
this
state
or
any
30
other
state?
31
Sec.
190.
Section
135H.10,
Code
2023,
is
amended
to
read
as
32
follows:
33
135H.10
Rules.
34
1.
The
department
of
inspections
and
appeals,
in
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consultation
with
the
department
of
health
and
human
services
1
and
affected
professional
groups,
shall
adopt
and
enforce
rules
2
setting
out
the
standards
for
a
psychiatric
medical
institution
3
for
children
and
the
rights
of
the
residents
admitted
to
4
a
psychiatric
institution.
The
department
of
inspections
5
and
appeals
and
the
department
of
health
and
human
services
6
shall
coordinate
the
adoption
of
rules
and
the
enforcement
of
7
the
rules
in
order
to
prevent
duplication
of
effort
by
the
8
departments
and
of
requirements
of
the
licensee.
9
2.
This
chapter
shall
not
be
construed
as
prohibiting
the
10
use
of
funds
appropriated
for
foster
care
to
provide
payment
11
to
a
psychiatric
medical
institution
for
children
for
the
12
financial
participation
required
of
a
child
whose
foster
care
13
placement
is
in
a
psychiatric
medical
institution
for
children.
14
In
accordance
with
established
policies
and
procedures
for
15
foster
care,
the
department
of
health
and
human
services
shall
16
act
to
recover
any
such
payment
for
financial
participation,
17
apply
to
be
named
payee
for
the
child’s
unearned
income,
and
18
recommend
parental
liability
for
the
costs
of
a
court-ordered
19
foster
care
placement
in
a
psychiatric
medical
institution.
20
Sec.
191.
Section
135H.12,
subsection
1,
Code
2023,
is
21
amended
to
read
as
follows:
22
1.
Upon
receipt
of
a
complaint
made
in
accordance
with
23
section
135H.11
,
the
department
shall
make
a
preliminary
review
24
of
the
complaint.
Unless
the
department
concludes
that
the
25
complaint
is
intended
to
harass
a
psychiatric
institution
or
26
a
licensee
or
is
without
reasonable
basis,
it
shall
within
27
twenty
working
days
of
receipt
of
the
complaint
make
or
cause
28
to
be
made
an
on-site
inspection
of
the
psychiatric
institution
29
which
is
the
subject
of
the
complaint.
The
department
of
30
inspections
and
appeals
may
refer
to
the
department
of
health
31
and
human
services
any
complaint
received
by
the
department
32
if
the
complaint
applies
to
rules
adopted
by
the
department
33
of
health
and
human
services.
The
complainant
shall
also
34
be
notified
of
the
name,
address,
and
telephone
number
of
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the
designated
protection
and
advocacy
agency
if
the
alleged
1
violation
involves
a
facility
with
one
or
more
residents
with
2
developmental
disabilities
or
mental
illness.
In
any
case,
the
3
complainant
shall
be
promptly
informed
of
the
result
of
any
4
action
taken
by
the
department
in
the
matter.
5
Sec.
192.
Section
135J.7,
Code
2023,
is
amended
to
read
as
6
follows:
7
135J.7
Rules.
8
Except
as
otherwise
provided
in
this
chapter
,
the
department
9
shall
adopt
rules
pursuant
to
chapter
17A
necessary
to
10
implement
this
chapter
,
subject
to
approval
of
the
state
board
11
of
council
on
health
and
human
services
.
Formulation
of
the
12
rules
shall
include
consultation
with
Iowa
hospice
organization
13
representatives
and
other
persons
affected
by
this
chapter
.
14
Sec.
193.
Section
135L.1,
subsection
3,
Code
2023,
is
15
amended
to
read
as
follows:
16
3.
“Child-placing
agency”
means
any
agency,
public,
17
semipublic,
or
private,
which
represents
itself
as
placing
18
children,
receiving
children
for
placement,
or
actually
19
engaging
in
placement
of
children
and
includes
the
department
20
of
health
and
human
services.
21
Sec.
194.
Section
135L.2,
subsection
1,
paragraph
b,
22
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
23
(1)
Information
regarding
the
options
described
in
the
24
video
including
information
regarding
the
agencies
and
programs
25
available
to
provide
assistance
to
the
pregnant
minor
in
26
parenting
a
child;
information
relating
to
adoption
including
27
but
not
limited
to
information
regarding
child-placing
28
agencies;
and
information
regarding
abortion
including
but
not
29
limited
to
the
legal
requirements
relative
to
the
performance
30
of
an
abortion
on
a
pregnant
minor.
The
information
provided
31
shall
include
information
explaining
that
if
a
pregnant
32
minor
decides
to
continue
the
pregnancy
to
term
and
to
retain
33
parental
rights,
the
father
of
the
child
is
liable
for
the
34
support
of
the
child
and
that
if
the
pregnant
minor
seeks
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public
assistance
on
behalf
of
the
child,
the
pregnant
minor
1
shall,
and
if
the
pregnant
minor
is
not
otherwise
eligible
as
2
a
public
assistance
recipient,
the
pregnant
minor
may,
seek
3
the
assistance
of
the
child
support
recovery
unit
services
in
4
establishing
the
paternity
of
the
child,
and
in
seeking
support
5
payments
for
a
reasonable
amount
of
the
costs
associated
with
6
the
pregnancy,
medical
support,
and
maintenance
from
the
father
7
of
the
child,
or
if
the
father
is
a
minor,
from
the
parents
of
8
the
minor
father.
The
information
shall
include
a
listing
of
9
the
agencies
and
programs
and
the
services
available
from
each.
10
Sec.
195.
Section
135L.2,
subsection
2,
paragraph
a,
Code
11
2023,
is
amended
to
read
as
follows:
12
a.
The
video
shall
be
available
through
the
state
and
local
13
offices
of
the
Iowa
department
of
public
health,
the
department
14
of
health
and
human
services
,
and
the
judicial
branch
and
15
through
the
office
of
each
licensed
physician
who
performs
16
abortions.
17
Sec.
196.
Section
135L.3,
subsection
3,
paragraph
m,
18
subparagraph
(4),
Code
2023,
is
amended
to
read
as
follows:
19
(4)
The
pregnant
minor
declares
that
the
pregnant
minor
20
is
a
victim
of
child
abuse
pursuant
to
section
232.68
,
the
21
person
responsible
for
the
care
of
the
child
is
a
parent
of
22
the
child,
and
either
the
abuse
has
been
reported
pursuant
to
23
the
procedures
prescribed
in
chapter
232,
subchapter
III,
part
24
2
,
or
a
parent
of
the
child
is
named
in
a
report
of
founded
25
child
abuse.
The
department
of
health
and
human
services
26
shall
maintain
confidentiality
under
chapter
232
and
shall
not
27
release
any
information
in
response
to
a
request
for
public
28
records,
discovery
procedures,
subpoena,
or
any
other
means,
29
unless
the
release
of
information
is
expressly
authorized
by
30
the
pregnant
minor
regarding
the
pregnant
minor’s
pregnancy
and
31
abortion,
if
the
abortion
is
obtained.
A
person
who
knowingly
32
violates
the
confidentiality
provisions
of
this
subparagraph
is
33
guilty
of
a
serious
misdemeanor.
34
Sec.
197.
Section
135L.8,
Code
2023,
is
amended
to
read
as
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follows:
1
135L.8
Adoption
of
rules
——
implementation
and
documents.
2
The
Iowa
department
of
public
health
and
human
services
3
shall
adopt
rules
to
implement
the
notification
procedures
4
pursuant
to
this
chapter
including
but
not
limited
to
rules
5
regarding
the
documents
necessary
for
notification
of
a
parent
6
or
grandparent
of
a
pregnant
minor
who
is
designated
to
receive
7
notification
under
this
chapter
.
8
Sec.
198.
Section
135M.2,
subsection
4,
Code
2023,
is
9
amended
to
read
as
follows:
10
4.
“Department”
means
the
Iowa
department
of
public
health
11
and
human
services
.
12
Sec.
199.
Section
136A.1,
Code
2023,
is
amended
to
read
as
13
follows:
14
136A.1
Purpose.
15
To
reduce
and
avoid
adverse
health
conditions
of
inhabitants
16
of
the
state,
the
Iowa
department
of
public
health
shall
17
initiate,
conduct,
and
supervise
screening
and
health
care
18
programs
in
order
to
detect
and
predict
congenital
or
inherited
19
disorders.
The
department
shall
assist
in
the
translation
and
20
integration
of
genetic
and
genomic
advances
into
public
health
21
services
to
improve
health
outcomes
throughout
the
life
span
of
22
the
inhabitants
of
the
state.
23
Sec.
200.
Section
136A.2,
subsection
4,
Code
2023,
is
24
amended
to
read
as
follows:
25
4.
“Department”
means
the
Iowa
department
of
public
health
26
and
human
services
.
27
Sec.
201.
Section
136A.3,
Code
2023,
is
amended
to
read
as
28
follows:
29
136A.3
Establishment
of
center
for
congenital
Congenital
and
30
inherited
disorders
——
department
duties.
31
A
center
for
congenital
and
inherited
disorders
is
32
established
within
the
department.
The
center
department
shall
33
do
all
of
the
following:
34
1.
Initiate,
conduct,
and
supervise
statewide
screening
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programs
for
congenital
and
inherited
disorders
amenable
to
1
population
screening.
2
2.
Initiate,
conduct,
and
supervise
statewide
health
care
3
programs
to
aid
in
the
early
detection,
treatment,
prevention,
4
education,
and
provision
of
supportive
care
related
to
5
congenital
and
inherited
disorders.
6
3.
Develop
specifications
for
and
designate
a
central
7
laboratory
in
which
tests
conducted
pursuant
to
the
screening
8
programs
provided
for
in
subsection
1
will
be
performed.
9
4.
Gather,
evaluate,
and
maintain
information
related
10
to
causes,
severity,
prevention,
and
methods
of
treatment
11
for
congenital
and
inherited
disorders
in
conjunction
with
12
a
central
registry,
screening
programs,
genetic
health
care
13
programs,
and
ongoing
scientific
investigations
and
surveys.
14
5.
Perform
surveillance
and
monitoring
of
congenital
and
15
inherited
disorders
to
determine
the
occurrence
and
trends
of
16
the
disorders,
to
conduct
thorough
and
complete
epidemiological
17
surveys,
to
assist
in
the
planning
for
and
provision
of
18
services
to
children
with
congenital
and
inherited
disorders
19
and
their
families,
and
to
identify
environmental
and
genetic
20
risk
factors
for
congenital
and
inherited
disorders.
21
6.
Provide
information
related
to
severity,
causes,
22
prevention,
and
methods
of
treatment
for
congenital
and
23
inherited
disorders
to
the
public,
medical
and
scientific
24
communities,
and
health
science
disciplines.
25
7.
Implement
public
education
programs,
continuing
26
education
programs
for
health
practitioners,
and
education
27
programs
for
trainees
of
the
health
science
disciplines
related
28
to
genetics,
congenital
disorders,
and
inheritable
disorders.
29
8.
Participate
in
policy
development
to
assure
the
30
appropriate
use
and
confidentiality
of
genetic
information
and
31
technologies
to
improve
health
and
prevent
disease.
32
9.
Collaborate
with
state
and
local
health
agencies
and
33
other
public
and
private
organizations
to
provide
education,
34
intervention,
and
treatment
for
congenital
and
inherited
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disorders
and
to
integrate
genetics
and
genomics
advances
into
1
public
health
activities
and
policies.
2
Sec.
202.
Section
136A.3A,
subsections
1
and
3,
Code
2023,
3
are
amended
to
read
as
follows:
4
1.
A
congenital
and
inherited
disorders
advisory
committee
5
is
established
to
assist
the
center
for
congenital
and
6
inherited
disorders
and
the
department
in
the
development
of
7
programs
that
ensure
the
availability
and
access
to
quality
8
genetic
and
genomic
health
care
services
for
all
Iowans.
9
3.
The
advisory
committee
shall
assist
the
center
for
10
congenital
and
inherited
disorders
and
the
department
in
11
designating
the
conditions
to
be
included
in
the
newborn
12
screening
and
in
regularly
evaluating
the
effectiveness
and
13
appropriateness
of
the
newborn
screening.
14
Sec.
203.
Section
136A.4,
Code
2023,
is
amended
to
read
as
15
follows:
16
136A.4
Genetic
health
services.
17
The
center
department
may
initiate,
conduct,
and
supervise
18
genetic
health
services
for
the
inhabitants
of
the
state,
19
including
the
provision
of
regional
genetic
consultation
20
clinics,
comprehensive
neuromuscular
health
care
outreach
21
clinics,
and
other
outreach
services
and
clinics
as
established
22
by
rule.
23
Sec.
204.
Section
136A.5B,
subsection
1,
unnumbered
24
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
25
In
accordance
with
the
duties
prescribed
in
section
136A.3
,
26
the
center
for
congenital
and
inherited
disorders
department
27
shall
collaborate
with
state
and
local
health
agencies
28
and
other
public
and
private
organizations
to
develop
and
29
publish
or
approve
and
publish
informational
materials
to
30
educate
and
raise
awareness
of
cytomegalovirus
and
congenital
31
cytomegalovirus
among
women
who
may
become
pregnant,
expectant
32
parents,
parents
of
infants,
attending
health
care
providers,
33
and
others,
as
appropriate.
The
materials
shall
include
34
information
regarding
all
of
the
following:
35
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Sec.
205.
Section
136A.5B,
subsection
2,
Code
2023,
is
1
amended
to
read
as
follows:
2
2.
An
attending
health
care
provider
shall
provide
to
a
3
pregnant
woman
during
the
first
trimester
of
the
pregnancy
the
4
informational
materials
published
under
this
section
.
The
5
center
for
congenital
and
inherited
disorders
department
shall
6
make
the
informational
materials
available
to
attending
health
7
care
providers
upon
request.
8
Sec.
206.
Section
136A.6,
Code
2023,
is
amended
to
read
as
9
follows:
10
136A.6
Central
registry.
11
The
center
for
congenital
and
inherited
disorders
department
12
shall
maintain
a
central
registry,
or
shall
establish
an
13
agreement
with
a
designated
contractor
to
maintain
a
central
14
registry,
to
compile,
evaluate,
retain,
and
disseminate
15
information
on
the
occurrence,
prevalence,
causes,
treatment,
16
and
prevention
of
congenital
disorders.
Congenital
disorders
17
shall
be
considered
reportable
conditions
in
accordance
with
18
rules
adopted
by
the
department
and
shall
be
abstracted
and
19
maintained
by
the
registry.
20
Sec.
207.
Section
136A.7,
Code
2023,
is
amended
to
read
as
21
follows:
22
136A.7
Confidentiality.
23
The
center
for
congenital
and
inherited
disorders
and
24
the
department
shall
maintain
the
confidentiality
of
any
25
identifying
information
collected,
used,
or
maintained
pursuant
26
to
this
chapter
in
accordance
with
section
22.7,
subsection
2
.
27
Sec.
208.
Section
136A.8,
Code
2023,
is
amended
to
read
as
28
follows:
29
136A.8
Rules.
30
The
center
for
congenital
and
inherited
disorders,
with
31
assistance
provided
by
the
Iowa
department
of
public
health,
32
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
33
chapter
.
34
Sec.
209.
Section
136B.1,
subsection
1,
Code
2023,
is
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amended
to
read
as
follows:
1
1.
As
used
in
this
chapter
,
unless
the
context
otherwise
2
requires,
“department”
means
the
Iowa
department
of
public
3
health
and
human
services
.
4
Sec.
210.
Section
136C.1,
subsections
2
and
3,
Code
2023,
5
are
amended
to
read
as
follows:
6
2.
“Department”
means
the
Iowa
department
of
public
health
7
and
human
services
.
8
3.
“Director”
means
the
director
of
public
health
and
human
9
services
or
the
director’s
designee.
10
Sec.
211.
Section
136C.3,
subsection
2,
Code
2023,
is
11
amended
to
read
as
follows:
12
2.
Establish
minimum
training
standards
including
13
continuing
education
requirements,
and
administer
examinations
14
and
disciplinary
procedures
for
operators
of
radiation
machines
15
and
users
of
radioactive
materials.
A
state
of
Iowa
license
16
to
practice
medicine,
osteopathic
medicine,
chiropractic,
17
podiatry,
dentistry,
dental
hygiene,
or
veterinary
medicine,
or
18
licensure
as
a
physician
assistant
pursuant
to
chapter
148C
,
or
19
certification
by
the
dental
board
in
dental
radiography,
or
by
20
the
board
of
podiatry
in
podiatric
radiography,
or
enrollment
21
in
a
program
or
course
of
study
approved
by
the
Iowa
department
22
of
public
health
which
includes
the
application
of
radiation
to
23
humans
satisfies
the
minimum
training
standards
for
operation
24
of
radiation
machines
only.
25
Sec.
212.
Section
137.102,
Code
2023,
is
amended
to
read
as
26
follows:
27
137.102
Definitions.
28
As
used
in
this
chapter
unless
the
context
otherwise
29
requires:
30
1.
“City
board”
means
a
city
board
of
health
in
existence
31
prior
to
July
1,
2010.
32
2.
“City
health
department”
refers
to
the
personnel
and
33
property
under
the
jurisdiction
of
a
city
board
in
existence
34
prior
to
July
1,
2010.
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3.
“Council”
means
a
city
the
council
on
health
and
human
1
services
.
2
4.
“County
board”
means
a
county
board
of
health.
3
5.
“County
health
department”
refers
to
the
personnel
and
4
property
under
the
jurisdiction
of
a
county
board.
5
6.
“Director”
means
the
director
of
public
health
and
human
6
services
.
7
7.
“District”
means
any
two
or
more
geographically
8
contiguous
counties.
9
8.
“District
board”
means
a
board
of
health
representing
10
at
least
two
geographically
contiguous
counties
formed
with
11
approval
of
the
state
department
in
accordance
with
this
12
chapter
,
or
any
district
board
of
health
in
existence
prior
to
13
July
1,
2010.
14
9.
“District
health
department”
refers
to
the
personnel
and
15
property
under
the
jurisdiction
of
a
district
board.
16
10.
“Local
board
of
health”
means
a
city,
county,
or
17
district
board
of
health.
18
11.
“Officers”
means
a
local
board
of
health
chairperson,
19
vice
chairperson,
and
secretary,
and
other
officers
which
may
20
be
named
at
the
discretion
of
the
local
board
of
health.
21
12.
“State
board”
means
the
state
board
of
health.
22
13.
12.
“State
department”
or
“department”
means
the
Iowa
23
department
of
public
health
and
human
services
.
24
Sec.
213.
Section
137.104,
subsection
1,
paragraph
b,
25
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
26
follows:
27
Make
and
enforce
such
reasonable
rules
and
regulations
not
28
inconsistent
with
law
and
the
rules
of
the
state
board
council
29
as
may
be
necessary
for
the
protection
and
improvement
of
the
30
public
health.
31
Sec.
214.
Section
137.104,
subsection
1,
paragraph
b,
32
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
33
(1)
Rules
of
a
city
board
shall
become
effective
upon
34
approval
by
the
city
council
and
publication
in
a
newspaper
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having
general
circulation
in
the
city.
1
Sec.
215.
Section
137.104,
subsection
2,
paragraph
d,
Code
2
2023,
is
amended
to
read
as
follows:
3
d.
By
written
agreement
with
the
city
council
of
any
city
4
within
its
jurisdiction,
enforce
appropriate
ordinances
of
the
5
city
relating
to
public
health.
6
Sec.
216.
Section
137.105,
subsection
1,
paragraphs
a
and
f,
7
Code
2023,
are
amended
to
read
as
follows:
8
a.
All
members
of
a
city
board
shall
be
appointed
by
the
9
city
council.
10
f.
A
local
board
of
health
member
shall
serve
without
11
compensation,
but
may
be
reimbursed
for
necessary
expenses
in
12
accordance
with
rules
established
by
the
state
board
council
13
or
the
applicable
jurisdiction.
14
Sec.
217.
Section
137.107,
Code
2023,
is
amended
to
read
as
15
follows:
16
137.107
Request
reviewed
by
state
department.
17
The
state
department
shall
review
requests
submitted
18
pursuant
to
section
137.106
.
The
state
department,
upon
19
finding
that
all
required
elements
are
present,
shall
present
20
findings
to
the
state
board
council
.
The
state
board
council
21
may
approve
the
formation
of
a
district
board
and
if
the
22
formation
is
approved,
shall
notify
the
county
boards
from
whom
23
the
request
was
received.
24
Sec.
218.
Section
137.114,
Code
2023,
is
amended
to
read
as
25
follows:
26
137.114
Withdrawal
from
district.
27
A
county
may
withdraw
from
an
existing
district
board
upon
28
submission
of
a
request
for
withdrawal
to
and
approval
by
29
the
state
department.
The
request
shall
include
a
plan
to
30
reform
its
county
board
or
join
a
different
district
board,
31
information
specified
in
section
137.106
,
and
approval
of
the
32
request
by
the
district
board
and,
at
the
recommendation
of
33
the
state
department,
the
state
board
council
.
Any
county
34
choosing
to
withdraw
from
the
district
board
shall
commit
to
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the
continuity
of
services
in
its
county
by
reestablishing
1
its
county
board
or
joining
a
different
district
board.
The
2
remaining
counties
in
the
district
shall
submit
an
application
3
including
the
information
specified
in
section
137.106
to
the
4
state
department
for
review
as
provided
in
section
137.107
.
5
Sec.
219.
Section
137.119,
Code
2023,
is
amended
to
read
as
6
follows:
7
137.119
Adoption
of
rules.
8
The
state
board
of
health
council
shall
adopt
rules
to
9
implement
this
chapter
.
The
department
is
vested
with
10
discretionary
authority
to
interpret
the
provisions
of
this
11
chapter
.
12
Sec.
220.
Section
137F.1,
subsection
9,
unnumbered
13
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
14
“Food
establishment”
means
an
operation
that
stores,
15
prepares,
packages,
serves,
vends,
or
otherwise
provides
food
16
for
human
consumption
and
includes
a
food
service
operation
in
17
a
salvage
or
distressed
food
operation,
school,
summer
camp,
18
residential
service
substance
abuse
use
disorder
treatment
19
facility,
halfway
house
substance
abuse
use
disorder
treatment
20
facility,
correctional
facility
operated
by
the
department
of
21
corrections,
or
the
state
training
school.
“Food
establishment”
22
does
not
include
the
following:
23
Sec.
221.
Section
139A.2,
Code
2023,
is
amended
to
read
as
24
follows:
25
139A.2
Definitions.
26
For
purposes
of
this
chapter
,
unless
the
context
otherwise
27
requires:
28
1.
“Area
quarantine”
means
prohibiting
ingress
and
egress
29
to
and
from
a
building
or
buildings,
structure
or
structures,
30
or
other
definable
physical
location,
or
portion
thereof,
to
31
prevent
or
contain
the
spread
of
a
suspected
or
confirmed
32
quarantinable
disease
or
to
prevent
or
contain
exposure
to
a
33
suspected
or
known
chemical,
biological,
radioactive,
or
other
34
hazardous
or
toxic
agent.
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2.
“Business”
means
and
includes
every
trade,
occupation,
1
or
profession.
2
3.
“Care
provider”
means
an
individual
who
is
trained
3
and
authorized
by
federal
or
state
law
to
provide
health
4
care
services
or
services
of
any
kind
in
the
course
of
the
5
individual’s
official
duties,
for
compensation
or
in
a
6
voluntary
capacity,
who
is
a
health
care
provider,
emergency
7
medical
care
provider
as
defined
in
section
147A.1
,
fire
8
fighter,
or
peace
officer.
“Care
provider”
also
means
an
9
individual
who
renders
emergency
care
or
assistance
in
an
10
emergency
or
due
to
an
accident
as
described
in
section
613.17
.
11
4.
“Communicable
disease”
means
any
disease
spread
from
12
person
to
person
or
animal
to
person.
13
5.
“Contagious
or
infectious
disease”
means
hepatitis
in
14
any
form,
meningococcal
disease,
AIDS
or
HIV
as
defined
in
15
section
141A.1
,
tuberculosis,
and
any
other
disease
determined
16
to
be
life-threatening
to
a
person
exposed
to
the
disease
as
17
established
by
rules
adopted
by
the
department,
based
upon
a
18
determination
by
the
state
epidemiologist
and
in
accordance
19
with
guidelines
of
the
centers
for
disease
control
and
20
prevention
of
the
United
States
department
of
health
and
human
21
services.
22
6.
“Department”
means
the
Iowa
department
of
public
health
23
and
human
services
.
24
7.
“Designated
officer”
means
a
person
who
is
designated
by
25
a
department,
agency,
division,
or
service
organization
to
act
26
as
an
infection
control
liaison
officer.
27
8.
“Director”
means
the
director
of
health
and
human
28
services.
29
8.
9.
“Exposure”
means
a
specific
eye,
mouth,
other
mucous
30
membrane,
nonintact
skin,
or
parenteral
contact
with
blood
or
31
other
potentially
infectious
bodily
fluids.
32
9.
10.
“Exposure-prone
procedure”
means
a
procedure
33
performed
by
a
health
care
provider
which
presents
a
recognized
34
risk
of
percutaneous
injury
to
the
health
care
provider
and
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if
such
an
injury
occurs,
the
health
care
provider’s
blood
1
is
likely
to
contact
a
patient’s
body
cavity,
subcutaneous
2
tissues,
or
mucous
membranes,
or
an
exposure-prone
procedure
as
3
defined
by
the
centers
for
disease
control
and
prevention
of
4
the
United
States
department
of
health
and
human
services.
5
10.
11.
“HBV”
means
hepatitis
B
virus.
6
11.
12.
“Health
care
facility”
means
a
health
care
facility
7
as
defined
in
section
135C.1
,
an
ambulatory
surgical
center,
8
or
a
clinic.
9
12.
13.
“Health
care
provider”
means
a
person
licensed
10
to
practice
medicine
and
surgery,
osteopathic
medicine
11
and
surgery,
chiropractic,
podiatry,
nursing,
dentistry,
12
optometry,
or
as
a
physician
assistant,
dental
hygienist,
or
13
acupuncturist.
14
13.
14.
“HIV”
means
HIV
as
defined
in
section
141A.1
.
15
14.
15.
“Hospital”
means
hospital
as
defined
in
section
16
135B.1
.
17
15.
16.
“Isolation”
means
the
separation
of
persons
or
18
animals
presumably
or
actually
infected
with
a
communicable
19
disease
or
who
are
disease
carriers
for
the
usual
period
of
20
communicability
of
that
disease
in
such
places,
marked
by
21
placards
if
necessary,
and
under
such
conditions
as
will
22
prevent
the
direct
or
indirect
conveyance
of
the
infectious
23
agent
or
contagion
to
susceptible
persons.
24
16.
17.
“Local
board”
means
the
local
board
of
health.
25
17.
18.
“Local
department”
means
the
local
health
26
department.
27
18.
19.
“Placard”
means
a
warning
sign
to
be
erected
and
28
displayed
on
the
periphery
of
a
quarantine
area,
forbidding
29
entry
to
or
exit
from
the
area.
30
19.
20.
“Public
health
disaster”
means
public
health
31
disaster
as
defined
in
section
135.140
.
32
20.
21.
“Quarantinable
disease”
means
any
communicable
33
disease
designated
by
rule
adopted
by
the
department
as
34
requiring
quarantine
or
isolation
to
prevent
its
spread.
35
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21.
22.
“Quarantine”
means
the
limitation
of
freedom
1
of
movement
of
persons
or
animals
that
have
been
exposed
to
2
a
quarantinable
disease
within
specified
limits
marked
by
3
placards
for
a
period
of
time
equal
to
the
longest
usual
4
incubation
period
of
the
disease
in
such
manner
as
to
prevent
5
the
spread
of
a
quarantinable
disease
which
affects
people.
6
22.
23.
“Reportable
disease”
means
any
disease
designated
7
by
rule
adopted
by
the
department
requiring
its
occurrence
to
8
be
reported
to
an
appropriate
authority.
9
23.
24.
“Sexually
transmitted
disease
or
infection”
10
means
a
disease
or
infection
as
identified
by
rules
adopted
11
by
the
department,
based
upon
a
determination
by
the
state
12
epidemiologist
and
in
accordance
with
guidelines
of
the
13
centers
for
disease
control
and
prevention
of
the
United
States
14
department
of
health
and
human
services.
15
24.
25.
“Significant
exposure”
means
a
situation
in
which
16
there
is
a
risk
of
contracting
disease
through
exposure
to
17
a
person’s
infectious
bodily
fluids
in
a
manner
capable
of
18
transmitting
an
infectious
agent
as
determined
by
the
centers
19
for
disease
control
and
prevention
of
the
United
States
20
department
of
health
and
human
services
and
adopted
by
rule
of
21
the
department.
22
25.
26.
“Terminal
cleaning”
means
cleaning
procedures
23
defined
in
the
isolation
guidelines
issued
by
the
centers
for
24
disease
control
and
prevention
of
the
United
States
department
25
of
health
and
human
services.
26
Sec.
222.
Section
139A.3,
subsection
3,
paragraph
c,
Code
27
2023,
is
amended
to
read
as
follows:
28
c.
Notwithstanding
paragraph
“b”
,
information
contained
in
29
the
report
may
be
reported
in
public
health
records
in
a
manner
30
which
prevents
the
identification
of
any
person
or
business
31
named
in
the
report.
If
information
contained
in
the
report
32
concerns
a
business,
information
disclosing
the
identity
of
33
the
business
may
be
released
to
the
public
when
the
state
34
epidemiologist
or
the
director
of
public
health
determines
such
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a
release
of
information
necessary
for
the
protection
of
the
1
health
of
the
public.
2
Sec.
223.
Section
139A.8,
subsection
3,
Code
2023,
is
3
amended
to
read
as
follows:
4
3.
Subject
to
the
provision
of
subsection
4
,
the
state
board
5
of
council
on
health
and
human
services
may
modify
or
delete
6
any
of
the
immunizations
in
subsection
2
.
7
Sec.
224.
Section
139A.8,
subsection
4,
paragraph
b,
Code
8
2023,
is
amended
to
read
as
follows:
9
b.
The
exemptions
under
this
subsection
do
not
apply
in
10
times
of
emergency
or
epidemic
as
determined
by
the
state
board
11
of
council
on
health
and
human
services
and
as
declared
by
the
12
director
of
public
health
and
human
services
.
13
Sec.
225.
Section
139A.9,
Code
2023,
is
amended
to
read
as
14
follows:
15
139A.9
Forcible
removal
——
isolation
——
quarantine.
16
The
forcible
removal
and
isolation
or
quarantine
of
any
17
infected
person
shall
be
accomplished
according
to
the
rules
18
and
regulations
of
the
local
board
or
the
rules
of
the
state
19
board
of
council
on
health
and
human
services
.
20
Sec.
226.
Section
141A.1,
subsection
6,
Code
2023,
is
21
amended
to
read
as
follows:
22
6.
“Department”
means
the
Iowa
department
of
public
health
23
and
human
services
.
24
Sec.
227.
Section
141A.2,
subsection
6,
Code
2023,
is
25
amended
to
read
as
follows:
26
6.
The
department,
with
the
approval
of
the
state
27
board
of
council
on
health
and
human
services
,
may
conduct
28
epidemiological
blinded
and
nonblinded
studies
to
determine
29
the
incidence
and
prevalence
of
HIV
infection.
Initiation
30
of
any
new
epidemiological
studies
shall
be
contingent
upon
31
the
receipt
of
funding
sufficient
to
cover
all
the
costs
32
associated
with
the
studies.
The
informed
consent,
reporting,
33
and
counseling
requirements
of
this
chapter
shall
not
apply
to
34
blinded
studies.
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Sec.
228.
Section
141A.4,
subsection
1,
paragraph
c,
Code
1
2023,
is
amended
to
read
as
follows:
2
c.
All
persons
having
a
history
of
injecting
drug
abuse
use
3
disorder
.
4
Sec.
229.
Section
141A.9,
subsection
2,
paragraph
j,
Code
5
2023,
is
amended
to
read
as
follows:
6
j.
To
employees
of
state
correctional
institutions
subject
7
to
the
jurisdiction
of
the
department
of
corrections,
employees
8
of
secure
facilities
for
juveniles
subject
to
the
department
9
of
health
and
human
services,
and
employees
of
city
and
county
10
jails,
if
the
employees
have
direct
supervision
over
inmates
of
11
those
facilities
or
institutions
in
the
exercise
of
the
duties
12
prescribed
pursuant
to
section
80.9B
.
13
Sec.
230.
Section
142.1,
Code
2023,
is
amended
to
read
as
14
follows:
15
142.1
Delivery
of
bodies.
16
The
body
of
every
person
dying
in
a
public
asylum,
hospital,
17
county
care
facility,
penitentiary,
or
reformatory
in
this
18
state,
or
found
dead
within
the
state,
or
which
is
to
be
buried
19
at
public
expense
in
this
state,
except
those
buried
under
the
20
provisions
of
chapter
144C
or
249
,
and
which
is
suitable
for
21
scientific
purposes,
shall
be
delivered
to
the
medical
college
22
of
the
state
university,
or
some
osteopathic
or
chiropractic
23
college
or
school
located
in
this
state,
which
has
been
24
approved
under
the
law
regulating
the
practice
of
osteopathic
25
medicine
or
chiropractic;
but
no
such
body
shall
be
delivered
26
to
any
such
college
or
school
if
the
deceased
person
expressed
27
a
desire
during
the
person’s
last
illness
that
the
person’s
28
body
should
be
buried
or
cremated,
nor
if
such
is
the
desire
29
of
the
person’s
relatives.
Such
bodies
shall
be
equitably
30
distributed
among
said
colleges
and
schools
according
to
their
31
needs
for
teaching
anatomy
in
accordance
with
such
rules
as
32
may
be
adopted
by
the
Iowa
department
of
public
health
and
33
human
services
.
The
expense
of
transporting
said
bodies
to
34
such
college
or
school
shall
be
paid
by
the
college
or
school
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receiving
the
same.
If
the
deceased
person
has
not
expressed
1
a
desire
during
the
person’s
last
illness
that
the
person’s
2
body
should
be
buried
or
cremated
and
no
person
authorized
to
3
control
the
deceased
person’s
remains
under
section
144C.5
4
requests
the
person’s
body
for
burial
or
cremation,
and
if
a
5
friend
objects
to
the
use
of
the
deceased
person’s
body
for
6
scientific
purposes,
said
deceased
person’s
body
shall
be
7
forthwith
delivered
to
such
friend
for
burial
or
cremation
at
8
no
expense
to
the
state
or
county.
Unless
such
friend
provides
9
for
burial
and
burial
expenses
within
five
days,
the
body
shall
10
be
used
for
scientific
purposes
under
this
chapter
.
11
Sec.
231.
Section
142.2,
Code
2023,
is
amended
to
read
as
12
follows:
13
142.2
Furnished
to
physicians.
14
When
there
are
more
dead
bodies
available
for
use
under
15
section
142.1
than
are
desired
by
said
colleges
or
schools,
the
16
same
may
be
delivered
to
physicians
in
the
state
for
scientific
17
study
under
such
rules
as
may
be
adopted
by
the
Iowa
department
18
of
public
health
and
human
services
.
19
Sec.
232.
Section
142.3,
Code
2023,
is
amended
to
read
as
20
follows:
21
142.3
Notification
of
department.
22
Every
county
medical
examiner,
funeral
director
or
embalmer,
23
and
the
managing
officer
of
every
public
asylum,
hospital,
24
county
care
facility,
penitentiary,
or
reformatory,
as
soon
25
as
any
dead
body
shall
come
into
the
person’s
custody
which
26
may
be
used
for
scientific
purposes
as
provided
in
sections
27
142.1
and
142.2
,
shall
at
once
notify
the
nearest
relative
28
or
friend
of
the
deceased,
if
known,
and
the
Iowa
department
29
of
public
health
and
human
services
,
and
hold
such
body
30
unburied
for
forty-eight
hours.
Upon
receipt
of
notification,
31
the
department
shall
issue
verbal
or
written
instructions
32
relative
to
the
disposition
to
be
made
of
said
body.
Complete
33
jurisdiction
over
said
bodies
is
vested
exclusively
in
the
Iowa
34
department
of
public
health
and
human
services
.
No
autopsy
or
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post
mortem,
except
as
are
legally
ordered
by
county
medical
1
examiners,
shall
be
performed
on
any
of
said
bodies
prior
to
2
their
delivery
to
the
medical
schools.
3
Sec.
233.
Section
142.9,
Code
2023,
is
amended
to
read
as
4
follows:
5
142.9
Failure
to
deliver
dead
body.
6
Any
person
having
the
custody
of
the
dead
body
of
any
human
7
being
which
is
required
to
be
delivered
for
scientific
purposes
8
by
this
chapter
,
who
shall
fail
to
notify
the
Iowa
department
9
of
public
health
and
human
services
of
the
existence
of
such
10
body,
or
fail
to
deliver
the
same
in
accordance
with
the
11
instructions
of
the
department,
shall
be
guilty
of
a
simple
12
misdemeanor.
13
Sec.
234.
Section
142A.2,
Code
2023,
is
amended
to
read
as
14
follows:
15
142A.2
Definitions.
16
As
used
in
this
chapter
,
unless
the
context
otherwise
17
requires:
18
1.
“Administrator”
means
the
administrator
of
the
division
19
of
tobacco
use
prevention
and
control.
20
2.
1.
“Commission”
means
the
commission
on
tobacco
use
21
prevention
and
control
established
in
this
chapter
.
22
3.
2.
“Community
partnership”
means
a
public
agency
or
23
nonprofit
organization
implementing
the
tobacco
use
prevention
24
and
control
initiative
in
a
local
area
in
accordance
with
this
25
chapter
.
26
4.
3.
“Department”
means
the
Iowa
department
of
public
27
health
and
human
services
.
28
5.
4.
“Director”
means
the
director
of
public
health
and
29
human
services
.
30
6.
“Division”
means
the
division
of
tobacco
use
prevention
31
and
control
of
the
Iowa
department
of
public
health,
32
established
pursuant
to
this
chapter
.
33
7.
5.
“Initiative”
means
the
comprehensive
tobacco
use
34
prevention
and
control
initiative
established
in
this
chapter
.
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8.
6.
“Manufacturer”
means
manufacturer
as
defined
in
1
section
453A.1
.
2
9.
7.
“Pregnant
woman”
means
a
female
of
any
age
who
is
3
pregnant.
4
10.
8.
“School-age
youth”
means
a
person
attending
school
5
in
kindergarten
through
grade
twelve.
6
11.
9.
“Tobacco”
means
both
cigarettes
and
tobacco
products
7
as
defined
in
section
453A.1
.
8
12.
10.
“Youth”
means
a
person
who
is
five
through
9
twenty-four
years
of
age.
10
Sec.
235.
Section
142A.3,
Code
2023,
is
amended
to
read
as
11
follows:
12
142A.3
Tobacco
use
prevention
and
control
——
division
——
13
commission
——
created.
14
1.
The
department
shall
establish,
as
a
separate
and
15
distinct
division
within
the
department,
a
division
of
tobacco
16
use
prevention
and
control.
The
division
shall
develop,
17
implement,
and
administer
the
initiative
established
in
this
18
chapter
and
shall
perform
other
duties
as
directed
by
this
19
chapter
or
as
assigned
by
the
director
of
public
health
.
20
2.
A
commission
on
tobacco
use
prevention
and
control
21
is
established
to
develop
policy,
provide
direction
for
22
the
initiative,
and
perform
all
other
duties
related
to
23
the
initiative
and
other
tobacco
use
prevention
and
control
24
activities
as
directed
by
this
chapter
or
referred
to
the
25
commission
by
the
director
of
public
health
.
26
3.
The
membership
of
the
commission
shall
include
the
27
following
voting
members
who
shall
serve
three-year,
staggered
28
terms:
29
a.
Members,
at
least
one
of
whom
is
a
member
of
a
racial
30
minority,
to
be
appointed
by
the
governor,
subject
to
31
confirmation
by
the
senate
pursuant
to
sections
2.32
and
69.19
,
32
and
consisting
of
the
following:
33
(1)
Three
members
who
are
active
with
nonprofit
health
34
organizations
that
emphasize
tobacco
use
prevention
or
who
are
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active
as
health
services
providers,
at
the
local
level.
1
(2)
Three
members
who
are
active
with
health
promotion
2
activities
at
the
local
level
in
youth
education,
nonprofit
3
services,
or
other
activities
relating
to
tobacco
use
4
prevention
and
control.
5
b.
Three
voting
members,
to
be
selected
by
the
participants
6
in
the
annual
statewide
youth
summit
of
the
initiative’s
youth
7
program,
who
shall
not
be
subject
to
section
69.16
or
69.16A
.
8
However,
the
selection
process
shall
provide
for
diversity
9
among
the
members
and
at
least
one
of
the
youth
members
shall
10
be
a
female.
11
4.
The
commission
shall
also
include
the
following
ex
12
officio,
nonvoting
members:
13
a.
Four
members
of
the
general
assembly,
with
not
more
than
14
one
member
from
each
chamber
being
from
the
same
political
15
party.
The
majority
leader
of
the
senate
and
the
minority
16
leader
of
the
senate
shall
each
appoint
one
of
the
senate
17
members.
The
majority
leader
of
the
house
of
representatives
18
and
the
minority
leader
of
the
house
of
representatives
shall
19
each
appoint
one
of
the
house
members.
20
b.
The
presiding
officer
of
the
statewide
youth
executive
21
body,
selected
by
the
delegates
to
the
statewide
youth
summit.
22
5.
In
addition
to
the
members
of
the
commission,
the
23
following
agencies,
organizations,
and
persons
shall
each
24
assign
a
single
liaison
to
the
commission
to
provide
assistance
25
to
the
commission
in
the
discharge
of
the
commission’s
duties:
26
a.
The
department
of
education.
27
b.
The
drug
policy
coordinator
director
.
28
c.
The
department
of
justice,
office
of
the
attorney
29
general.
30
d.
The
department
of
human
services.
31
6.
Citizen
members
shall
be
reimbursed
for
actual
and
32
necessary
expenses
incurred
in
performance
of
their
duties.
33
Citizen
members
shall
be
paid
a
per
diem
as
specified
in
34
section
7E.6
.
Legislative
members
are
eligible
for
per
diem
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and
expenses
as
provided
in
section
2.10
.
1
7.
A
member
of
the
commission
who
is
convicted
of
a
crime
2
relating
to
tobacco,
alcohol,
or
controlled
substances
is
3
subject
to
removal
from
the
commission.
4
8.
A
vacancy
on
the
commission
other
than
for
the
youth
5
members
shall
be
filled
in
the
same
manner
as
the
original
6
appointment
for
the
balance
of
the
unexpired
term.
A
youth
7
member
vacancy
shall
be
filled
by
the
presiding
officer
of
the
8
statewide
executive
body
as
selected
by
the
delegates
to
the
9
statewide
youth
summit.
10
9.
The
commission
shall
elect
a
chairperson
from
among
its
11
voting
members
and
may
select
other
officers
from
among
its
12
voting
members,
as
determined
necessary
by
the
commission.
13
The
commission
shall
meet
regularly
as
determined
by
the
14
commission,
upon
the
call
of
the
chairperson,
or
upon
the
call
15
of
a
majority
of
the
voting
members.
16
10.
The
commission
may
designate
an
advisory
council.
The
17
commission
shall
determine
the
membership
and
representation
18
of
the
advisory
council
and
members
of
the
council
shall
serve
19
at
the
pleasure
of
the
commission.
The
advisory
council
may
20
include
representatives
of
health
care
provider
groups,
parent
21
groups,
antitobacco
advocacy
programs
and
organizations,
22
research
and
evaluation
experts,
and
youth
organizers.
23
Sec.
236.
Section
142A.4,
Code
2023,
is
amended
to
read
as
24
follows:
25
142A.4
Commission
duties.
26
The
commission
shall
do
all
of
the
following:
27
1.
Develop
and
implement
the
comprehensive
tobacco
use
28
prevention
and
control
initiative
as
provided
in
this
chapter
.
29
2.
Provide
a
forum
for
the
discussion,
development,
and
30
recommendation
of
public
policy
alternatives
in
the
field
of
31
tobacco
use
prevention
and
control.
32
3.
Develop
an
educational
component
of
the
initiative.
33
Educational
efforts
provided
through
the
school
system
shall
be
34
developed
in
conjunction
with
the
department
of
education.
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4.
Develop
a
plan
for
implementation
of
the
initiative
in
1
accordance
with
the
purpose
and
intent
specified
in
section
2
142A.1
.
3
5.
Provide
for
technical
assistance,
training,
and
other
4
support
under
the
initiative.
5
6.
Take
actions
to
develop
and
implement
a
statewide
6
system
for
the
initiative
programs
that
are
delivered
through
7
community
partnerships.
8
7.
Manage
and
coordinate
the
provision
of
funding
and
other
9
moneys
available
to
the
initiative
by
combining
all
or
portions
10
of
appropriations
or
other
revenues
as
authorized
by
law.
11
8.
Assist
with
the
linkage
of
the
initiative
with
child
12
welfare
and
juvenile
justice
decategorization
projects,
13
education
programming,
early
childhood
Iowa
areas,
and
other
14
programs
and
services
directed
to
youth
at
the
state
and
15
community
level.
16
9.
a.
Coordinate
and
respond
to
any
requests
from
a
17
community
partnership
relating
to
any
of
the
following:
18
(1)
Removal
of
barriers
to
community
partnership
efforts.
19
(2)
Pooling
and
redirecting
of
existing
federal,
state,
or
20
other
public
or
private
funds
available
for
purposes
that
are
21
consistent
with
the
initiative.
22
(3)
Seeking
of
federal
waivers
to
assist
community
23
partnership
efforts.
24
b.
In
coordinating
and
responding
to
the
requests,
the
25
commission
shall
work
with
state
agencies,
the
governor,
and
26
the
general
assembly
as
necessary
to
address
requests
deemed
27
appropriate
by
the
commission.
28
10.
Adopt
rules
pursuant
to
chapter
17A
as
necessary
for
29
the
designation,
governance,
and
oversight
of
the
initiative
30
and
the
implementation
of
this
chapter
.
The
commission
shall
31
provide
for
community
partnership
and
youth
program
input
in
32
the
rules
adoption
process.
The
rules
shall
include
but
are
33
not
limited
to
all
of
the
following:
34
a.
Performance
indicators
for
initiative
programs,
community
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partnerships,
and
the
services
provided
under
the
auspices
of
1
community
partnerships.
The
performance
indicators
shall
be
2
developed
with
input
from
communities.
3
b.
Minimum
standards
to
further
the
provision
of
equal
4
access
to
services.
5
11.
Monitor
and
evaluate
the
effectiveness
of
performance
6
measures
utilized
under
the
initiative.
7
12.
Submit
a
report
to
the
governor
and
the
general
assembly
8
on
a
periodic
basis,
during
the
initial
year
of
operation,
9
and
on
an
annual
basis
thereafter,
regarding
the
initiative,
10
including
demonstrated
progress
based
on
performance
11
indicators.
The
commission
shall
report
more
frequently
if
12
requested
by
the
joint
appropriations
subcommittee
that
makes
13
recommendations
concerning
the
commission’s
budget.
Beginning
14
July
1,
2005,
the
commission
shall
also
perform
a
comprehensive
15
review
of
the
initiative
and
shall
submit
a
report
of
its
16
findings
to
the
governor
and
the
general
assembly
on
or
before
17
December
15,
2005.
18
13.
Represented
by
the
chairperson
of
the
commission,
19
annually
appear
before
the
joint
appropriations
subcommittee
20
that
makes
recommendations
concerning
the
commission’s
budget
21
to
report
on
budget
expenditures
and
division
department
22
operations
relative
to
the
prior
fiscal
year
and
the
current
23
fiscal
year.
24
14.
Advise
the
director
in
evaluating
potential
candidates
25
for
the
position
of
administrator,
consult
with
the
director
26
in
the
hiring
of
the
administrator,
and
review
and
advise
27
the
director
on
the
performance
of
the
administrator
in
the
28
discharge
of
the
administrator’s
duties.
29
15.
14.
Prioritize
funding
needs
and
the
allocation
of
30
moneys
appropriated
and
other
resources
available
for
the
31
programs
and
activities
of
the
initiative.
32
16.
15.
Review
fiscal
needs
of
the
initiative
and
make
33
recommendations
to
the
director
in
the
development
of
budget
34
requests.
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17.
16.
Solicit
and
accept
any
gift
of
money
or
property,
1
including
any
grant
of
money,
services,
or
property
from
the
2
federal
government,
the
state,
a
political
subdivision,
or
3
a
private
source
that
is
consistent
with
the
goals
of
the
4
initiative.
The
commission
shall
adopt
rules
prohibiting
the
5
acceptance
of
gifts
from
a
manufacturer
of
tobacco
products.
6
18.
17.
Advise
and
make
recommendations
to
the
governor,
7
the
general
assembly,
and
the
director
,
and
the
administrator
,
8
relative
to
tobacco
use,
treatment,
intervention,
prevention,
9
control,
and
education
programs
in
the
state.
10
19.
18.
Evaluate
the
work
of
the
division
and
the
11
department
relating
to
the
initiative.
For
this
purpose,
the
12
commission
shall
have
access
to
any
relevant
department
records
13
and
documents,
and
other
information
reasonably
obtainable
by
14
the
department.
15
20.
19.
Develop
the
structure
for
the
statewide
youth
16
summit
to
be
held
annually.
17
21.
20.
Approve
the
content
of
any
materials
distributed
18
by
the
youth
program
pursuant
to
section
142A.9
,
prior
to
19
distribution
of
the
materials.
20
Sec.
237.
Section
142A.5,
Code
2023,
is
amended
to
read
as
21
follows:
22
142A.5
Director
and
administrator
Department
duties.
23
1.
The
director
department
shall
do
all
of
the
following:
24
a.
Establish
and
maintain
the
division
of
tobacco
use
25
prevention
and
control.
26
b.
Employ
a
separate
division
administrator,
in
accordance
27
with
the
requirements
of
section
142A.4,
subsection
14
,
in
a
28
full-time
equivalent
position
whose
sole
responsibility
and
29
duty
shall
be
the
administration
and
oversight
of
the
division.
30
The
division
administrator
shall
report
to
and
shall
serve
31
at
the
pleasure
of
the
director.
The
administrator
shall
32
be
exempt
from
the
merit
system
provisions
of
chapter
8A,
33
subchapter
IV
.
34
c.
1.
Coordinate
all
tobacco
use
prevention
and
control
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programs
and
activities
under
the
purview
of
the
department.
1
d.
2.
Receive
and
review
budget
recommendations
from
the
2
commission.
The
director
shall
consider
these
recommendations
3
in
developing
the
budget
request
for
the
department.
4
2.
The
administrator
shall
do
all
of
the
following:
5
a.
3.
Implement
the
initiative,
coordinate
the
activities
6
of
the
commission
and
the
initiative,
and
coordinate
other
7
tobacco
use
prevention
and
control
activities
as
assigned
by
8
the
director
.
9
b.
4.
Monitor
and
evaluate
the
effectiveness
of
performance
10
measures.
11
c.
5.
Provide
staff
and
administrative
support
to
the
12
commission.
13
d.
6.
Administer
contracts
entered
into
under
this
chapter
.
14
e.
7.
Coordinate
and
cooperate
with
other
tobacco
use
15
prevention
and
control
programs
within
and
outside
of
the
16
state.
17
f.
8.
Provide
necessary
information
to
the
commission
18
to
assist
the
commission
in
making
its
annual
report
to
the
19
joint
appropriations
subcommittee
pursuant
to
section
142A.4,
20
subsection
13,
and
in
fulfilling
other
commission
duties
21
pursuant
to
section
142A.4
.
22
Sec.
238.
Section
142A.6,
subsections
1
and
4,
Code
2023,
23
are
amended
to
read
as
follows:
24
1.
A
comprehensive
tobacco
use
prevention
and
control
25
initiative
is
established.
The
division
department
shall
26
implement
the
initiative
as
provided
in
this
chapter
.
27
4.
The
division
department
shall
implement
the
initiative
28
in
a
manner
that
ensures
that
youth
are
extensively
involved
29
in
the
decision
making
for
the
programs
implemented
under
30
the
initiative.
The
initiative
shall
also
involve
parents,
31
schools,
and
community
members
in
activities
to
achieve
the
32
results
desired
for
the
initiative.
The
division
department
33
shall
encourage
collaboration
at
the
state
and
local
levels
34
to
maximize
available
resources
and
to
provide
flexibility
to
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support
community
efforts.
1
Sec.
239.
Section
142C.15,
subsections
1
and
2,
Code
2023,
2
are
amended
to
read
as
follows:
3
1.
An
anatomical
gift
public
awareness
and
transplantation
4
fund
is
created
as
a
separate
fund
in
the
state
treasury
5
under
the
control
of
the
Iowa
department
of
public
health
and
6
human
services
.
The
fund
shall
consist
of
moneys
remitted
7
by
the
county
treasurer
of
a
county
or
by
the
department
of
8
transportation
which
were
collected
through
the
payment
of
a
9
contribution
made
by
an
applicant
for
registration
of
a
motor
10
vehicle
pursuant
to
section
321.44A
and
any
other
contributions
11
to
the
fund.
12
2.
The
moneys
collected
under
this
section
and
deposited
13
in
the
fund
are
appropriated
to
the
Iowa
department
of
public
14
health
and
human
services
for
the
purposes
specified
in
15
this
section
.
Moneys
in
the
fund
shall
not
be
subject
to
16
appropriation
or
expenditure
for
any
other
purpose.
17
Sec.
240.
Section
142C.15,
subsection
4,
unnumbered
18
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
19
The
Iowa
department
of
public
health
and
human
services
may
20
use
not
more
than
five
percent
of
the
moneys
in
the
fund
for
21
administrative
costs.
The
remaining
moneys
in
the
fund
may
22
be
expended
through
grants
to
any
of
the
following
persons,
23
subject
to
the
following
conditions:
24
Sec.
241.
Section
142C.17,
unnumbered
paragraph
1,
Code
25
2023,
is
amended
to
read
as
follows:
26
The
Iowa
department
of
public
health
and
human
services
,
in
27
conjunction
with
any
statewide
organ
procurement
organization
28
in
Iowa,
shall
prepare
and
submit
a
report
to
the
general
29
assembly
on
or
before
January
1
each
year
regarding
organ
30
donation
rates
and
voluntary
compliance
efforts
with
hospital
31
organ
and
tissue
donation
protocols
by
physicians,
hospitals,
32
and
other
health
systems
organizations.
The
report
shall
33
contain
the
following:
34
Sec.
242.
Section
142C.18,
subsection
1,
Code
2023,
is
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amended
to
read
as
follows:
1
1.
The
director
department
of
public
health
and
human
2
services
shall
contract
with
and
recognize
the
Iowa
donor
3
registry
for
the
purpose
of
indicating
on
the
donor
registry
4
all
relevant
information
regarding
a
donor’s
making
or
amending
5
of
an
anatomical
gift.
6
Sec.
243.
Section
142D.2,
Code
2023,
is
amended
by
adding
7
the
following
new
subsection:
8
NEW
SUBSECTION
.
3A.
“Department”
means
the
department
of
9
health
and
human
services.
10
Sec.
244.
Section
142D.6,
subsection
3,
Code
2023,
is
11
amended
to
read
as
follows:
12
3.
The
owner,
operator,
manager,
or
other
person
having
13
custody
or
control
of
a
public
place,
place
of
employment,
14
area
declared
a
nonsmoking
place
pursuant
to
section
142D.5
,
15
or
outdoor
area
where
smoking
is
prohibited
under
this
16
chapter
shall
clearly
and
conspicuously
post
in
and
at
every
17
entrance
to
the
public
place,
place
of
employment,
area
18
declared
a
nonsmoking
place
pursuant
to
section
142D.5
,
or
19
outdoor
area,
“no
smoking”
signs
or
the
international
“no
20
smoking”
symbol.
Additionally,
a
“no
smoking”
sign
or
the
21
international
“no
smoking”
symbol
shall
be
placed
in
every
22
vehicle
that
constitutes
a
public
place,
place
of
employment,
23
or
area
declared
a
nonsmoking
place
pursuant
to
section
142D.5
24
under
this
chapter
,
visible
from
the
exterior
of
the
vehicle.
25
All
signs
shall
contain
the
telephone
number
for
reporting
26
complaints
and
the
internet
site
of
the
department
of
public
27
health
.
The
owner,
operator,
manager,
or
other
person
having
28
custody
or
control
of
the
public
place,
place
of
employment,
29
area
declared
a
nonsmoking
place
pursuant
to
section
142D.5
,
30
or
outdoor
area
may
use
the
sample
signs
provided
on
the
31
department
of
public
health’s
department’s
internet
site,
or
32
may
use
another
sign
if
the
contents
of
the
sign
comply
with
33
the
requirements
of
this
subsection
.
34
Sec.
245.
Section
142D.8,
Code
2023,
is
amended
to
read
as
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follows:
1
142D.8
Enforcement.
2
1.
This
chapter
shall
be
enforced
by
the
department
of
3
public
health
or
the
department’s
designee.
The
department
of
4
public
health
shall
adopt
rules
to
administer
this
chapter
,
5
including
rules
regarding
enforcement.
The
department
6
of
public
health
shall
provide
information
regarding
the
7
provisions
of
this
chapter
and
related
compliance
issues
to
8
employers,
owners,
operators,
managers,
and
other
persons
9
having
custody
or
control
of
a
public
place,
place
of
10
employment,
area
declared
a
nonsmoking
place
pursuant
to
11
section
142D.5
,
or
outdoor
area
where
smoking
is
prohibited,
12
and
the
general
public
via
the
department’s
internet
site.
The
13
internet
site
shall
include
sample
signage
and
the
telephone
14
number
for
reporting
complaints.
Judicial
magistrates
shall
15
hear
and
determine
violations
of
this
chapter
.
16
2.
If
a
public
place
is
subject
to
any
state
or
political
17
subdivision
inspection
process
or
is
under
contract
with
the
18
state
or
a
political
subdivision,
the
person
performing
the
19
inspection
shall
assess
compliance
with
the
requirements
of
20
this
chapter
and
shall
report
any
violations
to
the
department
21
of
public
health
or
the
department’s
designee.
22
3.
An
owner,
operator,
manager,
or
other
person
having
23
custody
or
control
of
a
public
place,
place
of
employment,
area
24
declared
a
nonsmoking
place
pursuant
to
section
142D.5
,
or
25
outdoor
area
regulated
under
this
chapter
shall
inform
persons
26
violating
this
chapter
of
the
provisions
of
this
chapter
.
27
4.
An
employee
or
private
citizen
may
bring
a
legal
action
28
to
enforce
this
chapter
.
Any
person
may
register
a
complaint
29
under
this
chapter
by
filing
a
complaint
with
the
department
of
30
public
health
or
the
department’s
designee.
31
5.
In
addition
to
the
remedies
provided
in
this
section
,
the
32
department
of
public
health
or
the
department’s
designee
or
any
33
other
person
aggrieved
by
the
failure
of
the
owner,
operator,
34
manager,
or
other
person
having
custody
or
control
of
a
public
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place,
place
of
employment,
area
declared
a
nonsmoking
place
1
pursuant
to
section
142D.5
,
or
outdoor
area
regulated
by
this
2
chapter
to
comply
with
this
chapter
may
seek
injunctive
relief
3
to
enforce
this
chapter
.
4
Sec.
246.
Section
142D.9,
subsection
5,
Code
2023,
is
5
amended
to
read
as
follows:
6
5.
Violation
of
this
chapter
constitutes
a
public
nuisance
7
which
may
be
abated
by
the
department
of
public
health
or
the
8
department’s
designee
by
restraining
order,
preliminary
or
9
permanent
injunction,
or
other
means
provided
by
law,
and
the
10
entity
abating
the
public
nuisance
may
take
action
to
recover
11
the
costs
of
such
abatement.
12
Sec.
247.
Section
144.1,
Code
2023,
is
amended
to
read
as
13
follows:
14
144.1
Definitions.
15
As
used
in
this
chapter
,
unless
the
context
otherwise
16
requires:
17
1.
“Board”
means
the
state
board
of
health.
18
2.
“Book”
,
“list”
,
“record”
,
or
“schedule”
kept
by
a
county
19
auditor,
assessor,
treasurer,
recorder,
sheriff,
or
other
20
county
officer
means
the
county
system
as
defined
in
section
21
445.1
.
22
3.
1.
“Court
of
competent
jurisdiction”
when
used
to
refer
23
to
inspection
of
an
original
certificate
of
birth
based
upon
an
24
adoption
means
the
court
where
the
adoption
was
ordered.
25
4.
2.
“Cremated
remains”
means
all
the
remains
of
the
26
cremated
human
body
recovered
after
the
completion
of
the
27
cremation
process,
including
pulverization
which
leaves
only
28
bone
fragments
reduced
to
unidentifiable
dimensions,
and
may
29
include
the
residue
of
any
foreign
matter
including
casket
30
material,
bridgework,
or
eyeglasses
that
were
cremated
with
the
31
human
remains.
32
5.
3.
“Cremation”
means
the
technical
process,
using
33
heat
and
flame,
that
reduces
human
remains
to
bone
fragments,
34
with
the
reduction
taking
place
through
heat
and
evaporation.
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Cremation
shall
include
the
processing,
and
may
include
the
1
pulverization,
of
the
bone
fragments.
2
6.
4.
“Dead
body”
means
a
lifeless
human
body
or
parts
3
or
bones
of
a
body,
if,
from
the
state
of
the
body,
parts,
4
or
bones,
it
may
reasonably
be
concluded
that
death
recently
5
occurred.
6
7.
5.
“Department”
means
the
Iowa
department
of
public
7
health
and
human
services
.
8
8.
“Division”
means
a
division,
within
the
department,
for
9
records
and
statistics.
10
9.
6.
“Fetal
death”
means
death
prior
to
the
complete
11
expulsion
or
extraction
from
its
mother
of
a
product
of
human
12
conception,
irrespective
of
the
duration
of
pregnancy.
Death
13
is
indicated
by
the
fact
that
after
expulsion
or
extraction
14
the
fetus
does
not
breathe
or
show
any
other
evidence
of
life
15
such
as
beating
of
the
heart,
pulsation
of
the
umbilical
cord,
16
or
definite
movement
of
voluntary
muscles.
In
determining
a
17
fetal
death,
heartbeats
shall
be
distinguished
from
transient
18
cardiac
contractions,
and
respirations
shall
be
distinguished
19
from
fleeting
respiratory
efforts
or
gasps.
20
10.
7.
“Filing”
means
the
presentation
of
a
certificate,
21
report,
or
other
record,
provided
for
in
this
chapter
,
of
a
22
birth,
death,
fetal
death,
adoption,
marriage,
dissolution,
or
23
annulment
for
registration
by
the
division
department
.
24
11.
8.
“Final
disposition”
means
the
burial,
interment,
25
cremation,
removal
from
the
state,
or
other
disposition
of
a
26
dead
body
or
fetus.
27
12.
9.
“Institution”
means
any
establishment,
public
28
or
private,
which
provides
inpatient
medical,
surgical,
29
or
diagnostic
care
or
treatment,
or
nursing,
custodial,
or
30
domiciliary
care
to
two
or
more
unrelated
individuals,
or
to
31
which
persons
are
committed
by
law.
32
13.
10.
“Live
birth”
means
the
complete
expulsion
or
33
extraction
from
its
mother
of
a
product
of
human
conception,
34
irrespective
of
the
duration
of
pregnancy,
which,
after
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such
expulsion
or
extraction,
breathes
or
shows
any
other
1
evidence
of
life
such
as
beating
of
the
heart,
pulsation
of
2
the
umbilical
cord,
or
definite
movement
of
voluntary
muscles,
3
whether
or
not
the
umbilical
cord
has
been
cut
or
the
placenta
4
is
attached.
In
determining
a
live
birth,
heartbeats
shall
5
be
distinguished
from
transient
cardiac
contractions,
and
6
respirations
shall
be
distinguished
from
fleeting
respiratory
7
efforts
or
gasps.
8
11.
“Record”
kept
by
a
county
auditor,
assessor,
treasurer,
9
recorder,
sheriff,
or
other
county
officer
means
the
county
10
system
as
defined
in
section
445.1.
11
14.
12.
“Registration”
means
the
process
by
which
vital
12
statistic
records
are
completed,
filed,
and
incorporated
by
the
13
division
department
in
the
division’s
department’s
official
14
records.
15
15.
13.
“State
registrar”
means
the
state
registrar
of
16
vital
statistics.
17
16.
14.
“System
of
vital
statistics”
includes
the
18
registration,
collection,
preservation,
amendment,
and
19
certification
of
vital
statistics
records,
and
activities
and
20
records
related
thereto
to
the
records
including
the
data
21
processing,
analysis,
and
publication
of
statistical
data
22
derived
from
such
records.
23
17.
15.
“Vital
statistics”
means
records
of
births,
deaths,
24
fetal
deaths,
adoptions,
marriages,
dissolutions,
annulments,
25
and
data
related
thereto
to
the
records
.
26
Sec.
248.
Section
144.2,
Code
2023,
is
amended
to
read
as
27
follows:
28
144.2
Division
of
records
Records
and
statistics.
29
There
is
established
in
the
The
department
a
division
for
30
records
and
statistics
which
shall
install,
maintain,
and
31
operate
the
system
of
vital
statistics
throughout
the
state.
32
No
system
for
the
registration
of
births,
deaths,
fetal
deaths,
33
adoptions,
marriages,
dissolutions,
and
annulments,
shall
be
34
maintained
in
the
state
or
any
of
its
political
subdivisions
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other
than
the
one
provided
for
in
this
chapter
.
Suitable
1
quarters
shall
be
provided
for
the
division
department
2
by
the
executive
council
at
the
seat
of
government.
The
3
quarters
shall
be
properly
equipped
for
the
permanent
and
safe
4
preservation
of
all
official
records
made
and
returned
under
5
this
chapter
.
6
Sec.
249.
Section
144.4,
Code
2023,
is
amended
to
read
as
7
follows:
8
144.4
Registrar
State
registrar
.
9
The
director
of
public
health
or
the
director’s
designee
10
shall
be
the
state
registrar
of
vital
statistics
and
shall
11
carry
out
the
provisions
of
this
chapter
.
12
Sec.
250.
Section
144.5,
Code
2023,
is
amended
to
read
as
13
follows:
14
144.5
Duties
of
state
registrar.
15
The
state
registrar
shall
do
all
of
the
following
:
16
1.
Administer
and
enforce
this
chapter
and
the
rules
issued
17
under
this
chapter
,
and
issue
instructions
for
the
efficient
18
administration
of
the
statewide
system
of
vital
statistics
and
19
the
division
for
records
and
statistics
.
20
2.
Direct
and
supervise
the
statewide
system
of
vital
21
statistics
and
the
division
for
records
and
statistics
and
be
22
custodian
of
its
records.
23
3.
Direct,
supervise,
and
control
the
activities
of
clerks
24
of
the
district
court
and
county
recorders
related
to
the
25
operation
of
the
vital
statistics
system
and
provide
registrars
26
with
necessary
postage.
27
4.
Prescribe,
print,
and
distribute
the
forms
required
by
28
this
chapter
and
prescribe
any
other
means
for
transmission
of
29
data,
as
necessary
to
accomplish
complete,
accurate
reporting.
30
5.
Prepare
and
publish
annual
reports
of
vital
statistics
of
31
this
state
and
other
reports
as
may
be
required.
32
6.
Delegate
functions
and
duties
vested
in
the
state
33
registrar
to
officers,
to
employees
of
the
department,
to
the
34
clerks
of
the
district
court,
and
to
the
county
registrars
as
35
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the
state
registrar
deems
necessary
or
expedient.
1
7.
Provide,
by
rules,
for
appropriate
morbidity
reporting.
2
Sec.
251.
Section
144.12A,
subsection
4,
Code
2023,
is
3
amended
to
read
as
follows:
4
4.
The
department
shall,
upon
request,
provide
the
name,
5
address,
social
security
number,
and
any
other
identifying
6
information
of
a
registrant
to
the
biological
mother
of
7
the
child;
a
court;
the
department
of
human
services;
the
8
attorney
of
any
party
to
an
adoption,
termination
of
parental
9
rights,
or
establishment
of
paternity
or
support
action;
or
10
to
the
child
support
recovery
unit
services
for
an
action
to
11
establish
paternity
or
support
;
or
any
other
subunit
of
the
12
department
subject
to
prior
approval
by
the
state
registrar
.
13
The
information
shall
not
be
divulged
to
any
other
person
and
14
shall
be
considered
a
confidential
record
as
to
any
other
15
person,
except
upon
order
of
the
court
for
good
cause
shown.
16
If
the
registry
has
not
received
a
declaration
of
paternity,
17
the
department
shall
provide
a
written
statement
to
that
effect
18
to
the
person
making
the
inquiry.
19
Sec.
252.
Section
144.13,
subsection
4,
Code
2023,
is
20
amended
to
read
as
follows:
21
4.
The
division
state
registrar
shall
make
all
of
the
22
following
available
to
the
child
support
recovery
unit
23
services
,
upon
request:
24
a.
A
copy
of
a
child’s
birth
certificate.
25
b.
The
social
security
numbers
of
the
mother
and
the
father.
26
c.
A
copy
of
the
affidavit
of
paternity
if
filed
pursuant
27
to
section
252A.3A
and
any
subsequent
rescission
form
which
28
rescinds
the
affidavit.
29
d.
Information,
other
than
information
for
medical
and
30
health
use
only,
identified
on
a
child’s
birth
certificate
or
31
on
an
affidavit
of
paternity
filed
pursuant
to
section
252A.3A
.
32
The
information
may
be
provided
as
mutually
agreed
upon
by
the
33
division
state
registrar
and
the
child
support
recovery
unit
34
services
,
including
by
automated
exchange.
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Sec.
253.
Section
144.13A,
subsection
5,
paragraph
a,
Code
1
2023,
is
amended
to
read
as
follows:
2
a.
Ten
dollars
of
each
registration
fee
is
appropriated
and
3
shall
be
used
for
primary
and
secondary
child
abuse
prevention
4
programs
pursuant
to
section
235A.1
,
and
ten
dollars
of
each
5
registration
fee
is
appropriated
and
shall
be
used
for
the
6
center
for
congenital
and
inherited
disorders
central
registry
7
established
pursuant
to
section
136A.6
.
Notwithstanding
8
section
8.33
,
moneys
appropriated
in
this
paragraph
that
remain
9
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
10
shall
not
revert
but
shall
remain
available
for
expenditure
11
for
the
purposes
designated
until
the
close
of
the
succeeding
12
fiscal
year,
and
shall
not
be
transferred,
used,
obligated,
13
appropriated,
or
otherwise
encumbered
except
as
provided
in
14
this
paragraph.
15
Sec.
254.
Section
144.26,
Code
2023,
is
amended
to
read
as
16
follows:
17
144.26
Death
certificate.
18
1.
a.
A
death
certificate
for
each
death
which
occurs
19
in
this
state
shall
be
filed
as
directed
by
the
state
20
registrar
within
three
days
after
the
death
and
prior
to
final
21
disposition,
and
shall
be
registered
by
the
county
registrar
22
if
it
has
been
completed
and
filed
in
accordance
with
this
23
chapter
.
A
death
certificate
shall
include
the
social
security
24
number,
if
provided,
of
the
deceased
person.
All
information
25
including
the
certifying
physician’s,
physician
assistant’s,
26
or
advanced
registered
nurse
practitioner’s
name
shall
be
27
typewritten.
28
b.
A
physician
assistant
or
an
advanced
registered
nurse
29
practitioner
authorized
to
sign
a
death
certificate
shall
be
30
licensed
in
this
state
and
shall
have
been
in
charge
of
the
31
deceased
patient’s
care.
32
2.
All
information
included
on
a
death
certificate
may
33
be
provided
as
mutually
agreed
upon
by
the
division
state
34
registrar
and
the
child
support
recovery
unit
services
,
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including
by
automated
exchange.
1
3.
a.
The
county
in
which
a
dead
body
is
found
is
the
2
county
of
death.
If
death
occurs
in
a
moving
conveyance,
3
the
county
in
which
the
dead
body
is
first
removed
from
the
4
conveyance
is
the
county
of
death.
5
b.
If
a
decedent
died
outside
of
the
county
of
the
6
decedent’s
residence,
the
state
registrar
shall
send
a
copy
7
of
the
decedent’s
death
certificate
and
any
amendments
to
the
8
county
registrar
of
the
county
of
the
decedent’s
residence.
9
The
county
registrar
shall
record
a
death
certificate
received
10
pursuant
to
this
paragraph
in
the
same
records
in
which
the
11
death
certificate
of
a
decedent
who
died
within
the
county
12
is
recorded.
The
state
registrar
may
provide
the
county
13
registrars
with
electronic
access
to
vital
records
in
lieu
of
14
the
requirements
of
this
paragraph.
15
4.
a.
The
department
shall
establish
by
rule
procedures
16
for
making
a
finding
of
presumption
of
death
when
no
body
17
can
be
found.
The
department
shall
also
provide
by
rule
18
the
responsibility
for
completing
and
signing
the
medical
19
certification
of
cause
of
death
in
such
circumstances.
The
20
presumptive
death
certificate
shall
be
in
a
form
prescribed
by
21
the
state
registrar
and
filed
in
the
county
where
the
death
was
22
presumed
to
occur.
23
b.
The
division
department
shall
provide
for
the
correction,
24
substitution,
or
removal
of
a
presumptive
death
certificate
25
when
the
body
of
the
person
is
later
found,
additional
facts
26
are
discovered,
or
the
person
is
discovered
to
be
alive.
27
5.
Upon
the
activation
of
an
electronic
death
record
system,
28
each
person
with
a
duty
related
to
death
certificates
shall
29
participate
in
the
electronic
death
record
system.
A
person
30
with
a
duty
related
to
a
death
certificate
includes
but
is
not
31
limited
to
a
physician
as
defined
in
section
135.1
,
a
physician
32
assistant,
an
advanced
registered
nurse
practitioner,
a
funeral
33
director,
and
a
county
recorder.
34
Sec.
255.
Section
144.29A,
subsection
1,
paragraph
c,
Code
35
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2023,
is
amended
to
read
as
follows:
1
c.
The
maternal
health
services
region
of
the
Iowa
2
department
of
public
health
and
human
services
,
as
designated
3
as
of
July
1,
1997,
in
which
the
patient
resides.
4
Sec.
256.
Section
144.36,
subsection
1,
Code
2023,
is
5
amended
to
read
as
follows:
6
1.
A
certificate
recording
each
marriage
performed
in
7
this
state
shall
be
filed
with
the
state
registrar.
The
8
county
registrar
shall
prepare
the
certificate
on
the
form
9
furnished
by
the
state
registrar
upon
the
basis
of
information
10
obtained
from
the
parties
to
be
married,
who
shall
attest
to
11
the
information
by
their
signatures.
The
county
registrar
in
12
each
county
shall
keep
a
record
book
for
marriages
of
marriage
13
certificates
as
required
by
the
state
registrar
.
The
form
of
14
marriage
record
books
shall
be
uniform
throughout
the
state.
A
15
properly
indexed
permanent
record
of
marriage
certificates
upon
16
microfilm,
electronic
computer,
or
data
processing
equipment
17
may
be
kept
in
lieu
of
marriage
record
books.
18
Sec.
257.
Section
144.37,
Code
2023,
is
amended
to
read
as
19
follows:
20
144.37
Dissolution
and
annulment
records.
21
1.
For
each
dissolution
or
annulment
of
marriage
granted
22
by
any
court
in
this
state,
a
record
shall
be
prepared
by
23
the
clerk
of
court
or
by
the
petitioner
or
the
petitioner’s
24
legal
representative
if
directed
by
the
clerk
and
filed
by
25
the
clerk
of
court
with
the
state
registrar.
The
information
26
necessary
to
prepare
the
report
record
shall
be
furnished
with
27
the
petition,
to
the
clerk
of
court
by
the
petitioner
or
the
28
petitioner’s
legal
representative,
on
forms
supplied
by
the
29
state
registrar.
30
2.
The
clerk
of
the
district
court
in
each
county
shall
31
keep
a
record
book
for
maintain
the
records
of
dissolutions
and
32
annulments
of
marriage
as
required
by
the
state
registrar
.
The
33
form
of
dissolution
record
books
shall
be
uniform
throughout
34
the
state.
A
properly
indexed
record
of
dissolutions
upon
35
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microfilm,
electronic
computer,
or
data
processing
equipment
1
may
be
kept
in
lieu
of
dissolution
record
books.
2
3.
On
or
before
the
tenth
day
of
each
calendar
month,
the
3
clerk
of
court
shall
forward
to
the
state
registrar
the
record
4
of
each
dissolution
and
annulment
granted
during
the
preceding
5
calendar
month
and
related
reports
required
by
regulations
6
issued
under
this
chapter
.
7
Sec.
258.
Section
144.43,
subsection
3,
paragraph
b,
Code
8
2023,
is
amended
to
read
as
follows:
9
b.
The
following
vital
statistics
records
in
the
custody
10
of
the
state
archivist
may
be
inspected
and
copied
as
of
right
11
under
chapter
22
:
12
(1)
A
record
of
birth
that
if
the
record
is
at
least
13
seventy-five
years
old
or
upon
proof
of
entitlement
to
the
14
record
.
15
(2)
A
record
of
marriage
that
if
the
record
is
at
least
16
seventy-five
years
old
or
upon
proof
of
entitlement
to
the
17
record
.
18
(3)
A
record
of
divorce,
dissolution
of
marriage,
19
or
annulment
of
marriage
that
if
the
record
is
at
least
20
seventy-five
years
old
or
upon
proof
of
entitlement
to
the
21
record
.
22
(4)
A
record
of
death
or
fetal
death,
either
of
which
if
the
23
record
is
at
least
fifty
years
old
or
upon
proof
of
entitlement
24
to
the
record
.
25
Sec.
259.
Section
144A.2,
subsection
5,
Code
2023,
is
26
amended
to
read
as
follows:
27
5.
“Department”
means
the
Iowa
department
of
public
health
28
and
human
services
.
29
Sec.
260.
Section
144D.1,
subsection
2,
Code
2023,
is
30
amended
to
read
as
follows:
31
2.
“Department”
means
the
department
of
public
health
and
32
human
services
.
33
Sec.
261.
Section
146A.1,
subsection
1,
paragraph
d,
34
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
35
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to
read
as
follows:
1
That
the
woman
has
been
provided
information
regarding
all
2
of
the
following,
based
upon
the
materials
developed
by
the
3
department
of
public
health
and
human
services
pursuant
to
4
subparagraph
(2):
5
Sec.
262.
Section
146A.1,
subsection
1,
paragraph
d,
6
subparagraph
(2),
unnumbered
paragraph
1,
Code
2023,
is
amended
7
to
read
as
follows:
8
The
department
of
public
health
and
human
services
shall
9
make
available
to
physicians,
upon
request,
all
of
the
10
following
information:
11
Sec.
263.
Section
146B.1,
subsection
3,
Code
2023,
is
12
amended
to
read
as
follows:
13
3.
“Department”
means
the
department
of
public
health
and
14
human
services
.
15
Sec.
264.
Section
147.77,
Code
2023,
is
amended
to
read
as
16
follows:
17
147.77
Powers,
privileges,
rights,
or
duties
provided
by
rule
18
——
applicability
to
physician
assistants.
19
1.
The
following
agencies
that
adopt
rules
pursuant
to
20
chapter
17A
providing
a
power,
privilege,
right,
or
duty
to
21
a
physician
licensed
under
chapter
148
or
other
profession
22
licensed
under
this
subtitle
relating
to
the
following
subjects
23
shall,
consistent
with
the
scope
of
practice
of
physician
24
assistants
licensed
under
chapter
148C
,
and
unless
otherwise
25
inconsistent
with
state
or
federal
law,
provide
the
same
power,
26
privilege,
right,
or
duty
by
rule
to
a
physician
assistant
27
licensed
under
chapter
148C
:
28
a.
The
department
of
administrative
services,
with
respect
29
to
rules
relating
to
the
following:
30
(1)
Retroactive
conversion
of
vacation
time
to
sick
leave
31
for
vacation
time
spent
under
the
care
of
a
physician.
32
(2)
Certification
of
a
catastrophic
illness
by
a
physician
33
for
purposes
of
donation
of
leave
and
second
medical
34
opinions
and
updates
sought
from
a
physician
relating
to
such
35
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certifications.
1
b.
The
department
on
aging,
with
respect
to
rules
relating
2
to
a
written
order
from
a
physician
for
an
older
individual
3
requesting
a
therapeutic
diet,
and
the
interpretation
of
such
4
orders.
5
c.
b.
The
department
of
corrections,
with
respect
to
rules
6
relating
to
the
following:
7
(1)
That
a
parolee
shall
not
use,
purchase,
possess,
or
8
transfer
any
drugs
unless
prescribed
by
a
physician.
9
(2)
That
a
serious
medical
need
is
one
that
has
been
10
diagnosed
by
a
physician
as
requiring
treatment
or
is
one
so
11
obvious
that
a
lay
person
would
easily
recognize
the
necessity
12
for
a
physician’s
attention.
13
(3)
That
each
jail
shall
have
a
designated
licensed
14
physician,
licensed
osteopathic
physician,
or
medical
resource
15
designated
for
the
medical
supervision,
care,
and
treatment
of
16
prisoners
as
deemed
necessary
and
appropriate.
17
(4)
That
prescription
medication,
as
ordered
by
a
licensed
18
physician,
licensed
osteopathic
physician,
or
licensed
dentist
19
shall
be
provided
in
accordance
with
the
directions
of
the
20
prescribing
physician
or
dentist.
Prisoners
with
medication
21
from
a
personal
physician,
osteopathic
physician,
or
dentist
22
may
be
evaluated
by
a
physician,
osteopathic
physician,
or
23
dentist
selected
by
the
jail
administrator
to
determine
if
the
24
present
medication
is
appropriate.
25
(5)
That
expired
drugs
or
drugs
not
in
unit
dose
packaging,
26
whose
administration
had
been
discontinued
by
the
attending
27
physician,
shall
be
destroyed
by
the
jail
administrator
or
28
designee
in
the
presence
of
a
witness.
29
(6)
That
special
diets
in
jails
prescribed
by
a
physician
30
shall
be
followed
and
documented,
that
the
physician
who
31
prescribes
the
special
diet
shall
specify
a
date
on
which
the
32
diet
will
be
reviewed
for
renewal
or
discontinuation,
and
that
33
unless
specified
by
the
prescribing
physician,
a
certified
34
dietitian
shall
develop
the
menu.
35
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(7)
That
special
diets
prescribed
by
a
physician
for
the
1
care
and
treatment
of
juveniles
in
nonsecure
hold
shall
be
2
followed
and
documented.
3
(8)
For
medical
services
in
temporary
holding
facilities,
4
that
a
serious
medical
need
is
one
that
has
been
diagnosed
by
5
a
physician
as
requiring
treatment
or
one
that
is
so
obvious
6
that
a
lay
person
would
easily
recognize
the
necessity
for
a
7
physician’s
attention.
8
(9)
For
medical
resources
in
temporary
holding
facilities,
9
that
each
facility
shall
have
a
designated
licensed
physician,
10
licensed
osteopathic
physician,
or
medical
resource
designated
11
for
the
medical
supervision,
care,
and
treatment
of
detainees
12
as
deemed
necessary
and
appropriate.
13
(10)
Medication
procedures
in
temporary
holding
facilities,
14
that
prescription
medication,
as
ordered
by
a
licensed
15
physician,
licensed
osteopathic
physician,
or
licensed
dentist
16
shall
be
provided
in
accordance
with
the
directions
of
the
17
prescribing
physician
or
dentist.
Detainees
with
medication
18
from
a
personal
physician,
osteopathic
physician,
or
dentist
19
may
be
evaluated
by
a
physician,
osteopathic
physician,
or
20
dentist
selected
by
the
facility
administrator
to
determine
if
21
the
present
medication
is
appropriate.
22
(11)
For
medication
storage
in
temporary
holding
23
facilities,
that
expired
drugs
or
drugs
not
in
unit
dose
24
packaging,
whose
administration
had
been
discontinued
by
25
the
attending
physician,
shall
be
destroyed
by
the
facility
26
administrator
or
designee
in
the
presence
of
a
witness.
27
(12)
For
medical
diets
in
temporary
holding
facilities,
28
that
special
diets
as
prescribed
by
a
physician
shall
be
29
followed
and
documented.
30
(13)
For
medical
care
and
treatment
for
juveniles
in
31
nonsecure
holds
in
temporary
holding
facilities,
that
special
32
diets
as
prescribed
by
a
physician
shall
be
followed
and
33
documented.
34
d.
c.
The
economic
development
authority,
with
respect
35
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to
rules
relating
to
the
certification
of
a
person
with
a
1
disability
for
the
purpose
of
the
targeted
small
business
2
program,
that
in
order
to
be
considered
a
person
with
a
3
disability
for
the
purpose
of
the
targeted
small
business
4
program,
the
person
must
qualify
and
receive
certification
as
5
having
a
disability
from
a
licensed
medical
physician
or
must
6
have
been
found
eligible
for
vocational
rehabilitation
services
7
by
the
department
of
education
workforce
development
,
division
8
of
vocational
rehabilitation
services,
or
by
the
department
for
9
the
blind.
10
e.
d.
The
department
of
education,
with
respect
to
rules
11
relating
to
the
following:
12
(1)
For
statements
relating
to
medication
administration
13
policies,
that
a
statement
that
persons
administering
14
medication
shall
include
authorized
practitioners,
such
as
15
licensed
registered
nurses
and
physicians,
and
persons
to
whom
16
authorized
practitioners
have
delegated
the
administration
17
of
prescription
and
nonprescription
drugs.
Individuals
18
shall
self-administer
asthma
or
other
airway
constricting
19
disease
medication
or
possess
and
have
use
of
an
epinephrine
20
auto-injector
with
parent
and
physician
consent
on
file,
21
without
the
necessity
of
demonstrating
competency
to
22
self-administer
these
medications.
23
(2)
For
medication
administration
courses
relating
24
to
medication
administration
policies,
that
a
medication
25
administration
course
be
conducted
by
a
registered
nurse
26
or
licensed
pharmacist
and
include
an
annual
medication
27
administration
procedural
skills
check
completed
with
a
28
registered
nurse
or
pharmacist.
29
(3)
For
school-based
youth
services
programs,
that
30
preventive
and
primary
health
care
services
shall
be
delivered
31
by
specifically
credentialed
providers
as
specified.
32
f.
e.
The
department
of
health
and
human
services,
with
33
respect
to
rules
relating
to
the
following:
34
(1)
That
an
incident
for
purposes
of
accreditation
35
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of
providers
of
services
to
persons
with
mental
illness,
1
intellectual
disabilities,
or
developmental
disabilities
2
includes
but
is
not
limited
to
an
occurrence
involving
the
3
individual
using
the
service
that
results
in
a
physical
injury
4
to
or
by
the
individual
that
requires
a
physician’s
treatment
5
or
admission
to
a
hospital.
6
(2)
That
a
mental
health
professional,
for
purposes
7
of
accreditation
of
providers
of
services
to
persons
with
8
mental
illness,
intellectual
disabilities,
or
developmental
9
disabilities,
includes
a
medical
professional
licensed
in
this
10
state,
provided
that
the
professional
otherwise
meets
all
of
11
the
conditions
to
qualify
as
a
mental
health
professional.
12
(3)
That
home
health
aide
services
for
purposes
of
13
disability
services
management
and
regional
services
may
14
include
medications
specifically
ordered
by
a
physician.
15
(4)
That
payment
relating
to
the
state
supplementary
16
assistance
program
for
residential
care
shall
only
be
made
when
17
there
is
on
file
an
order
written
by
a
physician
certifying
18
that
the
applicant
or
recipient
being
admitted
requires
19
residential
care
but
does
not
require
nursing
services.
20
(5)
That
a
case
folder
for
a
facility
participating
in
21
the
state
supplementary
assistance
program
must
include
a
22
physician’s
statement
certifying
that
a
resident
does
not
23
require
nursing
services.
24
(6)
That
personnel
providing
psychological
evaluations
25
and
counseling
or
psychotherapy
services
for
area
education
26
agencies
under
the
medical
assistance
program
include
specified
27
professions
endorsed,
licensed,
or
registered
in
this
state,
28
provided
that
the
professional
otherwise
meets
all
of
the
29
conditions
to
qualify
as
a
mental
health
professional.
30
(7)
That
personnel
providing
psychological
evaluations
and
31
counseling
or
psychotherapy
services
for
providers
of
infant
32
and
toddler
program
services
under
the
medical
assistance
33
program
include
specified
professions
endorsed,
licensed,
34
or
registered
in
this
state,
provided
that
the
professional
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otherwise
meets
all
of
the
conditions
to
qualify
as
a
mental
1
health
professional.
2
(8)
That
personnel
providing
other
services
for
providers
3
of
infant
and
toddler
program
services
under
the
medical
4
assistance
program
include
specified
professions
recognized,
5
endorsed,
or
licensed
in
this
state,
provided
that
the
6
professional
otherwise
meets
all
of
the
conditions
to
qualify
7
as
a
mental
health
professional.
8
(9)
That
personnel
providing
psychological
evaluations
9
and
counseling
or
psychotherapy
services
for
providers
of
10
local
education
agency
services
under
the
medical
assistance
11
program
include
specified
professions
endorsed,
licensed,
12
or
registered
in
this
state,
provided
that
the
professional
13
otherwise
meets
all
of
the
conditions
to
qualify
as
a
mental
14
health
professional.
15
(10)
That
personnel
providing
other
services
for
providers
16
of
local
education
agency
services
under
the
medical
assistance
17
program
include
specified
professions
recognized,
endorsed,
18
or
licensed
in
this
state,
provided
that
the
professional
19
otherwise
meets
all
of
the
conditions
to
qualify
as
a
mental
20
health
professional.
21
(11)
For
payment
for
medically
necessary
home
health
agency
22
services
under
the
medical
assistance
program,
that
payment
23
shall
be
approved
for
medically
necessary
home
health
agency
24
services
prescribed
by
a
physician
in
a
plan
of
home
health
25
care
provided
by
a
Medicare-certified
home
health
agency.
26
(12)
For
authorization
for
medically
necessary
home
health
27
agency
services
under
the
medical
assistance
program,
that
28
services
shall
be
authorized
by
a
physician,
evidenced
by
the
29
physician’s
signature
and
date
on
a
plan
of
treatment.
30
(13)
For
treatment
plans
of
home
health
agencies
under
the
31
medical
assistance
program,
that
a
member’s
medical
condition
32
shall
be
reflected
by
the
date
last
seen
by
a
physician,
if
33
available.
34
(14)
For
items
included
in
treatment
plans
of
home
health
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agencies
under
the
medical
assistance
program,
that
a
plan
of
1
care
shall
include
a
physician’s
signature
and
date
and
that
2
the
plan
of
care
must
be
signed
and
dated
by
the
physician
3
before
the
claim
for
service
is
submitted
for
reimbursement.
4
(15)
For
skilled
nursing
services
provided
by
a
home
health
5
agency
under
the
medical
assistance
program,
that
medical
6
documentation
shall
be
submitted
justifying
the
need
for
7
continued
visits,
including
the
physician’s
estimate
of
the
8
length
of
time
that
additional
visits
will
be
necessary,
and
9
that
daily
skilled
nursing
visits
or
multiple
daily
visits
for
10
wound
care
or
insulin
injections
shall
be
covered
when
ordered
11
by
a
physician
and
included
in
the
plan
of
care.
12
(16)
For
physical
therapy
services
provided
by
a
home
health
13
agency
under
the
medical
assistance
program,
that
payment
shall
14
be
made
for
physical
therapy
services
when
the
services
follow
15
a
treatment
plan
established
by
the
physician
after
any
needed
16
consultation
with
the
qualified
physical
therapist.
17
(17)
For
occupational
therapy
services
provided
by
a
18
home
health
agency
under
the
medical
assistance
program,
19
that
payment
shall
be
made
for
occupational
therapy
services
20
when
the
services
follow
a
treatment
plan
established
by
the
21
physician.
22
(18)
For
speech
therapy
services
provided
by
a
home
health
23
agency
under
the
medical
assistance
program,
that
payment
shall
24
be
made
for
speech
therapy
services
when
the
services
follow
a
25
treatment
plan
established
by
the
physician.
26
(19)
For
home
health
aide
services
provided
by
a
home
health
27
agency
under
the
medical
assistance
program,
that
the
service
28
as
well
as
the
frequency
and
duration
are
stated
in
a
written
29
plan
of
treatment
established
by
a
physician.
30
(20)
For
home
health
aide
services
provided
by
a
home
health
31
agency
under
the
medical
assistance
program,
that
services
32
provided
for
specified
durations
when
ordered
by
a
physician
33
and
included
in
a
plan
of
care
shall
be
allowed
as
intermittent
34
services.
35
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(21)
For
home
health
aide
services
provided
by
a
home
health
1
agency
under
the
medical
assistance
program,
that
personal
2
care
services
include
helping
the
member
take
medications
3
specifically
ordered
by
a
physician.
4
(22)
For
private
duty
nursing
or
personal
care
services
for
5
persons
aged
twenty
and
under,
under
the
medical
assistance
6
program,
that
private
duty
nursing
services
are
those
services
7
which
are
provided
by
a
registered
nurse
or
a
licensed
8
practical
nurse
under
the
direction
of
the
member’s
physician
9
to
a
member
in
the
member’s
place
of
residence
or
outside
the
10
member’s
residence,
when
normal
life
activities
take
the
member
11
outside
the
place
of
residence.
12
(23)
For
private
duty
nursing
or
personal
care
services
for
13
persons
aged
twenty
and
under,
under
the
medical
assistance
14
program,
that
services
shall
be
provided
according
to
a
written
15
plan
of
care
authorized
by
a
licensed
physician.
16
(24)
For
private
duty
nursing
or
personal
care
services
for
17
persons
aged
twenty
and
under,
under
the
medical
assistance
18
program,
that
personal
care
services
are
those
services
19
provided
by
a
home
health
aide
or
certified
nurse’s
aide
and
20
which
are
delegated
and
supervised
by
a
registered
nurse
under
21
the
direction
of
the
member’s
physician
to
a
member
in
the
22
member’s
place
of
residence
or
outside
the
member’s
residence,
23
when
normal
life
activities
take
the
member
outside
the
place
24
of
residence,
and
that
these
services
shall
be
in
accordance
25
with
the
member’s
plan
of
care
and
authorized
by
a
physician.
26
(25)
For
requirements
for
private
duty
nursing
or
personal
27
care
services
for
persons
aged
twenty
and
under,
under
the
28
medical
assistance
program,
that
private
duty
nursing
or
29
personal
care
services
shall
be
ordered
in
writing
by
a
30
physician
as
evidenced
by
the
physician’s
signature
on
the
plan
31
of
care.
32
(26)
For
obtaining
prescription
medications
for
children
in
33
juvenile
detention
and
shelter
care
homes,
that
prescription
34
medication
provided
to
residents
shall
be
dispensed
only
from
a
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licensed
pharmacy
in
this
state
in
accordance
with
state
law,
1
from
a
licensed
pharmacy
in
another
state
according
to
the
laws
2
of
that
state,
or
by
a
licensed
physician.
3
(27)
For
health
and
dental
programs
provided
by
agencies
4
providing
foster
care
services,
that
a
child’s
physical
5
examination
shall
be
performed
by
a
licensed
physician
or
6
licensed
nurse
practitioner.
7
(28)
For
health
and
dental
programs
provided
by
agencies
8
providing
foster
care
services,
that
if
documentation
of
prior
9
immunization
is
unavailable,
immunizations
required
by
the
10
department
of
public
health
shall
begin
within
thirty
days
of
11
placement,
unless
contraindicated
and
unless
a
statement
from
12
a
physician
to
that
effect
is
included
in
the
child’s
medical
13
record,
and
that
a
statement
from
a
physician,
referring
14
agency,
parent,
or
guardian
indicating
immunizations
are
15
current
is
sufficient
documentation
of
immunizations.
16
(29)
For
the
dispensing,
storage,
authorization,
and
17
recording
of
medications
in
child
care
centers,
that
all
18
medications
shall
be
stored
in
their
original
containers,
with
19
accompanying
physician
or
pharmacist’s
directions
and
label
20
intact
and
stored
so
they
are
inaccessible
to
children
and
the
21
public.
22
(30)
For
an
infants’
area
in
a
child
care
center,
that
23
upon
the
recommendation
of
a
child’s
physician
or
the
area
24
education
agency
serving
the
child,
a
child
who
is
two
years
25
of
age
or
older
with
a
disability
that
results
in
significant
26
developmental
delays
in
physical
and
cognitive
functioning
who
27
does
not
pose
a
threat
to
the
safety
of
the
infants
may,
if
28
appropriate
and
for
a
limited
time
approved
by
the
department,
29
remain
in
the
infant
area.
30
(31)
For
facility
requirements
for
a
child
development
31
home,
that
the
telephone
number
for
each
child’s
physician
32
shall
be
written
on
paper
and
readily
accessible
by
the
33
telephone.
34
(32)
For
medications
and
hazardous
materials
in
a
child
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development
home,
that
medications
shall
be
given
only
with
1
the
parent’s
or
doctor’s
written
authorization,
and
that
each
2
prescribed
medication
shall
be
accompanied
by
a
physician’s
or
3
pharmacist’s
direction.
4
(33)
For
medical
reports
regarding
the
health
of
a
family
5
in
a
family
life
home,
that
a
medical
report
shall
provide
6
significant
findings
of
a
physician,
such
as
the
presence
or
7
absence
of
any
communicable
disease.
8
(34)
For
medical
reexaminations
of
a
family
in
a
family
9
life
home,
that
medical
reexaminations
may
be
required
at
the
10
discretion
of
a
physician.
11
(35)
For
medical
examinations
of
a
client
in
a
family
life
12
home,
that
a
physician
shall
certify
that
the
client
is
free
13
from
any
communicable
disease
and
does
not
require
a
higher
14
level
of
care
than
that
provided
by
a
family
life
home.
15
(36)
For
the
records
of
a
client
in
a
family
life
home,
16
that
the
family
shall
have
available
at
all
times,
the
name,
17
address,
and
telephone
number
of
the
client’s
physician.
18
(37)
For
the
facility
requirements
for
a
child
care
home,
19
that
the
telephone
number
for
each
child’s
physician
shall
be
20
written
on
paper
and
readily
accessible
by
the
telephone.
21
(38)
For
the
administration
of
medications
at
a
child
care
22
home,
that
medications
shall
be
given
only
with
the
parent’s
or
23
doctor’s
written
authorization
and
each
prescribed
medication
24
shall
be
accompanied
by
a
physician’s
or
pharmacist’s
25
direction.
26
(39)
For
payments
for
foster
care,
that
an
intellectual
27
disabilities
professional
includes
specified
professions,
28
provided
that
the
professional
otherwise
meets
all
of
29
the
conditions
to
qualify
as
an
intellectual
disabilities
30
professional.
31
(40)
For
payments
for
foster
care,
that
a
mental
health
32
professional
includes
specified
professions,
provided
that
the
33
professional
otherwise
meets
all
of
the
conditions
to
qualify
34
as
a
mental
health
professional.
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(41)
For
the
subsidized
adoption
program,
that
a
qualified
1
intellectual
disability
professional
includes
specified
2
professions,
provided
that
the
professional
otherwise
meets
3
all
of
the
conditions
to
qualify
as
a
qualified
intellectual
4
disability
professional.
5
(42)
For
the
subsidized
adoption
program,
that
a
qualified
6
mental
health
professional
includes
specified
professions,
7
provided
that
the
professional
otherwise
meets
all
of
8
the
conditions
to
qualify
as
a
qualified
mental
health
9
professional.
10
(43)
For
the
information
provided
to
a
foster
care
provider
11
by
a
department
worker
at
the
time
of
placement,
that
the
12
information
shall
include
the
names,
addresses,
and
telephone
13
numbers
of
the
child’s
physician
and
dentist.
14
(44)
A
written
order
from
a
physician
for
an
older
15
individual
requesting
a
therapeutic
diet,
and
the
16
interpretation
of
such
orders.
17
(45)
That
“impaired
glucose
tolerance”
,
for
purposes
of
18
outpatient
diabetes
education
programs,
means
a
condition
in
19
which
blood
glucose
levels
are
higher
than
normal,
diagnosed
by
20
a
physician,
and
treated
with
a
food
plan,
exercise,
or
weight
21
control.
22
(46)
For
instructors
for
programs
not
recognized
by
the
23
American
diabetes
association
or
accredited
by
the
American
24
association
of
diabetes
educators,
that
the
primary
instructors
25
shall
be
one
or
more
of
specified
health
care
professionals
who
26
are
knowledgeable
about
the
disease
process
of
diabetes
and
the
27
treatment
of
diabetes.
28
(47)
For
the
written
form
for
participation
in
the
29
prescription
drug
donation
repository
program,
that
the
form
30
shall
include
the
name
and
telephone
number
of
the
responsible
31
pharmacist,
physician,
or
nurse
practitioner
who
is
employed
32
by
or
under
contract
with
the
pharmacy
or
medical
facility,
33
and
shall
also
include
a
statement,
signed
and
dated
by
the
34
responsible
pharmacist,
physician,
or
nurse
practitioner,
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indicating
that
the
pharmacy
or
medical
facility
meets
the
1
eligibility
requirements
and
shall
comply
with
the
requirements
2
established
by
rule.
3
(48)
For
the
dispensing
of
donated
prescription
drugs
and
4
supplies,
that
donated
drugs
and
supplies
may
be
dispensed
5
only
if
the
drugs
or
supplies
are
prescribed
by
a
health
6
care
practitioner
for
use
by
an
eligible
individual
and
7
are
dispensed
by
a
licensed
pharmacist,
physician,
or
nurse
8
practitioner.
9
g.
f.
The
department
of
inspections
and
appeals,
with
10
respect
to
rules
relating
to
the
following:
11
(1)
For
the
qualifications
of
an
attending
physician
at
a
12
hospice,
that
the
person
shall
have
an
active
Iowa
license
to
13
practice
medicine.
14
(2)
For
residential
care
facilities
for
persons
with
15
intellectual
disabilities,
that
a
qualified
intellectual
16
disability
professional
includes
specified
professions,
17
provided
that
the
professional
otherwise
meets
all
of
the
18
conditions
to
qualify
as
a
qualified
intellectual
disability
19
professional.
20
(3)
For
nursing
facilities,
that
a
qualified
intellectual
21
disabilities
professional
includes
specified
professions,
22
provided
that
the
professional
otherwise
meets
all
of
the
23
conditions
to
qualify
as
a
qualified
intellectual
disabilities
24
professional.
25
(4)
For
intermediate
care
facilities
for
persons
with
26
mental
illness,
that
a
qualified
mental
health
professional
27
includes
specified
professions,
provided
that
the
professional
28
otherwise
meets
all
of
the
conditions
to
qualify
as
a
qualified
29
mental
health
professional.
30
(5)
For
notifications
submitted
to
the
department
from
31
a
subacute
mental
health
care
facility
in
the
event
of
an
32
accident
causing
a
major
injury,
including
as
a
major
injury
an
33
injury
which
requires
consultation
with
the
attending
physician
34
or
designee
of
the
physician
or
advanced
registered
nurse
35
-197-
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(2)
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1541
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662
practitioner
who
determines
that
an
injury
is
a
major
injury.
1
h.
g.
The
racing
and
gaming
commission,
with
respect
to
2
rules
relating
to
the
following:
3
(1)
For
the
grounds
for
denial,
suspension,
or
revocation
4
of
an
occupational
or
vendor
license,
that
a
license
shall
be
5
denied
if
the
applicant
has
a
history
of
mental
illness
without
6
demonstrating
successful
treatment
by
a
licensed
medical
7
physician.
8
(2)
For
the
qualifications
for
jockeys,
that
a
jockey
shall
9
pass
a
physical
examination
by
a
licensed
physician
affirming
10
fitness
to
participate
as
a
jockey.
11
(3)
For
the
regulation
of
licensees
in
restricted
areas
of
12
a
racing
facility,
that
licensees
whose
duties
require
them
to
13
be
in
a
restricted
area
of
a
racing
facility
shall
not
have
14
present
within
their
systems
any
controlled
substance
as
listed
15
in
schedules
I
to
V
of
U.S.C.
Tit.
21
(Food
and
Drug
Section
16
812),
chapter
124
,
or
any
prescription
drug
unless
it
was
17
obtained
directly
or
pursuant
to
valid
prescription
or
order
18
from
a
duly
licensed
physician
who
is
acting
in
the
course
of
19
professional
practice.
20
i.
h.
The
Iowa
law
enforcement
academy,
with
respect
to
21
rules
relating
to
the
following:
22
(1)
For
the
minimum
standards
for
law
enforcement
officers,
23
that
an
officer
is
examined
by
a
licensed
physician
or
surgeon.
24
(2)
For
hiring
standards
must
be
reverified
if
an
individual
25
is
not
hired
by
an
Iowa
law
enforcement
agency
during
a
26
specified
period
of
time
following
completion
of
the
course
27
of
study,
that
the
individual
must
be
examined
by
a
licensed
28
physician
or
surgeon.
29
(3)
For
the
selection
or
appointment
of
reserve
peace
30
officers,
that
the
person
shall
be
examined
by
a
licensed
31
physician
or
surgeon.
32
j.
i.
The
natural
resource
commission,
with
respect
to
33
rules
relating
to
the
following:
34
(1)
That
the
grounds
for
revoking
or
suspending
an
35
-198-
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2073HV
(2)
90
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198/
1541
H.F.
662
instructor
license
include
participation
in
a
course
while
1
ingesting
prescription
medication
in
a
manner
contrary
to
the
2
dosing
directions
given
by
the
prescribing
physician.
3
(2)
For
applications
for
use
of
a
crossbow
for
deer
and
4
turkey
hunting
by
handicapped
individuals,
that
an
application
5
must
include
a
statement
signed
by
the
applicant’s
physician
6
declaring
that
the
individual
is
not
physically
capable
of
7
shooting
a
bow
and
arrow.
8
(3)
For
authorization
for
the
use
of
a
crossbow
for
deer
9
and
turkey
hunting
by
handicapped
individuals,
that
if
a
10
conservation
officer
has
probable
cause
to
believe
the
person’s
11
handicapped
status
has
improved,
making
it
possible
for
the
12
person
to
shoot
a
bow
and
arrow,
the
department
of
natural
13
resources
may,
upon
the
officer’s
request,
require
the
person
14
to
obtain
in
writing
a
current
physician’s
statement.
15
(4)
For
licenses
for
nonresidents
to
participate
in
a
16
special
deer
hunting
season
for
severely
disabled
persons,
17
that
a
nonresident
applying
for
the
license
must
have
on
file
18
with
the
department
of
natural
resources
either
a
copy
of
a
19
disabilities
parking
permit
issued
by
a
state
department
of
20
transportation
or
an
Iowa
department
of
natural
resources
form
21
signed
by
a
physician
that
verifies
their
disability.
22
k.
The
Iowa
department
of
public
health,
with
respect
to
23
rules
relating
to
the
following:
24
(1)
That
“impaired
glucose
tolerance”
,
for
purposes
of
25
outpatient
diabetes
education
programs,
means
a
condition
in
26
which
blood
glucose
levels
are
higher
than
normal,
diagnosed
by
27
a
physician,
and
treated
with
a
food
plan,
exercise,
or
weight
28
control.
29
(2)
For
instructors
for
programs
not
recognized
by
the
30
American
diabetes
association
or
accredited
by
the
American
31
association
of
diabetes
educators,
that
the
primary
instructors
32
shall
be
one
or
more
of
specified
health
care
professionals
who
33
are
knowledgeable
about
the
disease
process
of
diabetes
and
the
34
treatment
of
diabetes.
35
-199-
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90
ec/jh
199/
1541
H.F.
662
(3)
For
the
written
form
for
participation
in
the
1
prescription
drug
donation
repository
program,
that
the
form
2
shall
include
the
name
and
telephone
number
of
the
responsible
3
pharmacist,
physician,
or
nurse
practitioner
who
is
employed
4
by
or
under
contract
with
the
pharmacy
or
medical
facility,
5
and
shall
also
include
a
statement,
signed
and
dated
by
the
6
responsible
pharmacist,
physician,
or
nurse
practitioner,
7
indicating
that
the
pharmacy
or
medical
facility
meets
the
8
eligibility
requirements
and
shall
comply
with
the
requirements
9
established
by
rule.
10
(4)
For
the
dispensing
of
donated
prescription
drugs
and
11
supplies,
that
donated
drugs
and
supplies
may
be
dispensed
12
only
if
the
drugs
or
supplies
are
prescribed
by
a
health
13
care
practitioner
for
use
by
an
eligible
individual
and
14
are
dispensed
by
a
licensed
pharmacist,
physician,
or
nurse
15
practitioner.
16
l.
j.
The
department
of
public
safety,
with
respect
to
17
rules
relating
to
permits
to
carry
weapons,
that
a
person
who
18
is
an
unlawful
user
of
or
addicted
to
any
controlled
substance
19
includes
any
person
who
is
a
current
user
of
a
controlled
20
substance
in
a
manner
other
than
as
prescribed
by
a
licensed
21
physician.
22
m.
k.
The
department
of
transportation,
with
respect
23
to
rules
relating
to
exemptions
from
motor
vehicle
window
24
transparency
requirements,
that
a
motor
vehicle
fitted
with
25
a
front
windshield,
a
front
side
window,
or
a
front
sidewing
26
with
less
than
seventy
percent
but
not
less
than
thirty-five
27
percent
light
transmittance
before
July
4,
2012,
may
continue
28
to
be
maintained
and
operated
with
a
front
windshield,
a
front
29
side
window,
or
a
front
sidewing
with
less
than
seventy
percent
30
but
not
less
than
thirty-five
percent
light
transmittance
on
or
31
after
July
4,
2012,
so
long
as
the
vehicle
continues
to
be
used
32
for
the
transport
of
a
passenger
or
operator
who
documented
in
33
the
manner
specified
by
the
department
a
medical
need
for
such
34
reduced
transparency,
which
document
was
signed
by
the
person’s
35
-200-
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662
physician
before
July
4,
2012.
1
n.
l.
The
Iowa
department
of
veterans
affairs,
with
respect
2
to
rules
relating
to
expenses
relating
to
the
purchase
of
3
durable
equipment
or
services,
that
individuals
requesting
4
reimbursement
who
need
durable
equipment
as
a
medical
necessity
5
should
provide
information
from
a
physician.
6
o.
m.
The
department
of
workforce
development,
with
respect
7
to
rules
relating
to
the
following:
8
(1)
That
a
voluntary
quit
shall
be
presumed
to
be
without
9
good
cause
attributable
to
the
employer
for
purposes
of
10
unemployment
compensation
if
a
claimant
left
employment
because
11
of
illness
or
injury
which
was
not
caused
or
aggravated
by
the
12
employment
or
pregnancy
and
failed
to
obtain
the
advice
of
a
13
licensed
and
practicing
physician,
obtain
certification
of
14
release
for
work
from
a
licensed
and
practicing
physician,
or
15
return
to
the
employer
and
offer
services
upon
recovery
and
16
certification
for
work
by
a
licensed
and
practicing
physician.
17
(2)
That
for
purposes
of
unemployment
compensation,
it
is
18
a
reason
for
a
claimant
leaving
employment
with
good
cause
19
attributable
to
the
employer
if
the
claimant
left
employment
20
because
of
illness,
injury,
or
pregnancy
upon
the
advice
of
21
a
licensed
and
practicing
physician,
and
upon
recovery,
when
22
recovery
was
certified
by
a
licensed
and
practicing
physician,
23
the
claimant
returned
and
offered
to
perform
services
to
the
24
employer,
but
no
suitable,
comparable
work
was
available.
25
(3)
That
for
purposes
of
unemployment
compensation
it
is
26
a
reason
for
a
claimant
leaving
employment
with
good
cause
27
attributable
to
the
employer
if
the
claimant
left
employment
28
upon
the
advice
of
a
licensed
and
practicing
physician
for
the
29
sole
purpose
of
taking
a
family
member
to
a
place
having
a
30
different
climate
and
subsequently
returned
to
the
claimant’s
31
regular
employer
and
offered
to
perform
services,
but
the
32
claimant’s
regular
or
comparable
work
was
not
available.
33
p.
n.
The
labor
services
division
of
the
department
of
34
workforce
development,
with
respect
to
rules
relating
to
the
35
-201-
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90
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1541
H.F.
662
following:
1
(1)
For
the
disclosure
of
a
trade
secret
relating
to
a
2
hazardous
chemical
during
a
medical
emergency,
that
where
a
3
treating
physician
or
nurse
determines
that
a
medical
emergency
4
exists
and
the
specific
chemical
identity
of
a
hazardous
5
chemical
is
necessary
for
emergency
or
first-aid
treatment,
the
6
chemical
manufacturer,
importer,
or
employer
shall
immediately
7
disclose
the
specific
chemical
identity
of
a
trade
secret
8
chemical
to
that
treating
physician
or
nurse,
regardless
of
the
9
existence
of
a
written
statement
of
need
or
a
confidentiality
10
agreement.
11
(2)
For
the
disclosure
of
a
trade
secret
relating
to
12
a
hazardous
chemical
in
a
nonemergency
situation,
that
in
13
nonemergency
situations,
a
chemical
manufacturer,
importer,
14
or
employer
shall,
upon
request,
disclose
a
specific
chemical
15
identity,
otherwise
permitted
to
be
withheld
by
rule,
to
a
16
specified
health
professional
providing
medical
or
other
17
occupational
health
services
to
exposed
employees
or
designated
18
representatives
in
specified
circumstances.
19
(3)
For
applications
for
a
license
to
practice
asbestos
20
removal,
that
except
as
noted
in
rule,
only
worker
and
21
contractor/supervisor
license
applicants
must
submit
the
22
respiratory
protection
and
physician’s
certification
forms.
23
(4)
For
documentation
held
by
persons
licensed
for
asbestos
24
abatement
in
an
area
that
is
subject
to
a
disaster
emergency
25
proclamation,
that
the
labor
commissioner
deems
an
individual
26
contractor,
supervisor,
or
worker
to
be
licensed
and
authorized
27
for
asbestos
abatement
if
the
individual,
in
addition
to
other
28
specified
conditions,
makes
immediately
available
on
the
29
work
site
a
copy
of
a
physician’s
statement
indicating
that,
30
consistent
with
federal
law,
a
licensed
physician
has
examined
31
the
individual
within
the
past
twelve
months
and
approved
the
32
individual
to
work
while
wearing
a
respirator.
33
(5)
That
the
contents
of
an
application
for
an
event
34
license
for
a
covered
athletic
event
other
than
a
professional
35
-202-
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H.F.
662
wrestling
event
shall
contain,
along
with
other
requirements,
1
a
copy
of
the
medical
license
of
the
ringside
physician
and
2
the
date,
time,
and
location
of
the
ringside
physician’s
3
examination
of
the
contestants.
4
(6)
For
the
responsibilities
of
the
promoter
of
an
athletic
5
event,
that
the
promoter
submit
test
results
to
the
ringside
6
physician
no
later
than
at
the
time
of
the
physical
showing
7
that
each
contestant
scheduled
for
the
event
tested
negative
8
for
the
human
immunodeficiency,
hepatitis
B,
and
hepatitis
C
9
viruses
within
the
one-year
period
prior
to
the
event,
and
that
10
the
contestant
shall
not
participate
and
the
physician
shall
11
notify
the
promoter
that
the
contestant
is
prohibited
from
12
participating
for
medical
reasons
if
specified
circumstances
13
occur.
14
(7)
For
injuries
during
a
professional
boxing
match,
that
if
15
a
contestant
claims
to
be
injured
during
the
bout,
the
referee
16
shall
stop
the
bout
and
request
the
attending
physician
to
make
17
an
examination.
If
the
physician
decides
that
the
contestant
18
has
been
injured
as
the
result
of
a
foul,
the
physician
shall
19
advise
the
referee
of
the
injury.
If
the
physician
is
of
the
20
opinion
that
the
injured
contestant
may
be
able
to
continue,
21
the
physician
shall
order
an
intermission,
after
which
the
22
physician
shall
make
another
examination
and
again
advise
23
the
referee
of
the
injured
contestant’s
condition.
It
shall
24
be
the
duty
of
the
promoter
to
have
an
approved
physician
in
25
attendance
during
the
entire
duration
of
all
bouts.
26
(8)
For
persons
allowed
in
a
ring
during
a
professional
27
boxing
match,
that
no
person
other
than
the
contestants
and
the
28
referee
shall
enter
the
ring
during
the
bout,
excepting
the
29
seconds
between
the
rounds
or
the
attending
physician
if
asked
30
by
the
referee
to
examine
an
injury
to
a
contestant.
31
(9)
For
the
weighing
of
contestants
in
a
professional
boxing
32
match,
that
contestants
shall
be
weighed
and
examined
on
the
33
day
of
the
scheduled
match
by
the
attending
ring
physician
at
a
34
time
and
place
to
be
determined
by
the
commissioner.
35
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662
(10)
For
attending
ring
physicians
during
a
professional
1
boxing
match,
that
when
a
boxer
has
been
injured
seriously,
2
knocked
out,
or
technically
knocked
out,
the
referee
shall
3
immediately
summon
the
attending
ring
physician
to
aid
the
4
stricken
boxer,
and
that
managers,
handlers,
and
seconds
shall
5
not
attend
to
the
stricken
boxer,
except
at
the
request
of
the
6
physician.
7
(11)
For
the
keeping
of
time
during
a
professional
boxing
8
match,
that
the
timekeeper
shall
keep
an
exact
record
of
time
9
taken
out
at
the
request
of
a
referee
for
an
examination
of
a
10
contestant
by
the
physician.
11
(12)
For
the
suspension
of
contestants
during
a
12
professional
boxing
match
that
is
an
elimination
tournament,
13
that
a
contestant
who
for
specified
reasons
is
not
permitted
14
to
box
in
the
state
for
a
period
of
time
shall
be
examined
by
a
15
physician
approved
by
the
commissioner
before
being
permitted
16
to
fight
again.
17
(13)
For
the
designation
of
officials
for
professional
18
kickboxing,
that
the
designation
of
physicians
is
subject
to
19
the
approval
of
the
commissioner
or
designee.
20
(14)
For
officials
for
a
mixed
martial
arts
event,
that
21
officials
shall
include
a
physician.
22
(15)
For
the
keeping
of
time
for
a
mixed
martial
arts
23
event,
that
the
timekeeper
shall
keep
an
exact
record
of
time
24
taken
out
at
the
request
of
a
referee
for
an
examination
of
a
25
contestant
by
the
physician.
26
(16)
For
persons
allowed
in
the
cage
during
a
mixed
martial
27
arts
event,
that
a
physician
may
enter
the
cage
to
examine
a
28
contestant
upon
the
request
of
the
referee.
29
(17)
For
the
decorum
of
persons
involved
in
a
mixed
martial
30
arts
event,
that
a
contestant
is
exempt
from
prohibitions
on
31
specified
conduct
while
interacting
with
the
contestant’s
32
opponent
during
a
round,
but
if
the
round
is
stopped
by
the
33
physician
or
referee
for
a
time
out,
the
prohibitions
shall
34
apply
to
the
contestant.
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(18)
For
the
examination
of
contestants
in
a
mixed
martial
1
arts
event,
that
on
the
day
of
the
event,
at
a
time
and
place
2
to
be
approved
by
the
commissioner,
the
ringside
physician
3
shall
conduct
a
rigorous
physical
examination
to
determine
the
4
contestant’s
fitness
to
participate
in
a
mixed
martial
arts
5
match,
and
that
a
contestant
deemed
not
fit
by
the
physician
6
shall
not
participate
in
the
event.
7
(19)
For
injuries
during
a
mixed
martial
arts
event,
that
if
8
a
contestant
claims
to
be
injured
or
when
a
contestant
has
been
9
injured
seriously
or
knocked
out,
the
referee
shall
immediately
10
stop
the
fight
and
summon
the
attending
ring
physician
to
make
11
an
examination
of
the
stricken
fighter.
If
the
physician
12
decides
that
the
contestant
has
been
injured,
the
physician
13
shall
advise
the
referee
of
the
severity
of
the
injury.
If
14
the
physician
is
of
the
opinion
the
injured
contestant
may
be
15
able
to
continue,
the
physician
shall
order
an
intermission,
16
after
which
the
physician
shall
make
another
examination
and
17
again
advise
the
referee
of
the
injured
contestant’s
condition.
18
Managers,
handlers,
and
seconds
shall
not
attend
to
the
19
stricken
fighter,
except
at
the
request
of
the
physician.
20
2.
This
section
shall
not
be
construed
to
expand,
diminish,
21
or
otherwise
modify
the
scope
of
practice
of
any
profession
22
licensed
under
this
subtitle
.
23
3.
The
rulemaking
requirements
provided
in
this
section
24
shall
not
be
construed
to
prohibit
the
agencies
listed
in
25
subsection
1
from
engaging
in
further
rulemaking
not
in
26
conflict
with
this
section
or
state
or
federal
law
relating
to
27
the
subject
matter
of
this
section
or
to
otherwise
diminish
the
28
authority
to
engage
in
rulemaking
provided
to
those
agencies
by
29
any
other
statute.
30
Sec.
265.
Section
147A.1,
subsections
1
and
2,
Code
2023,
31
are
amended
to
read
as
follows:
32
1.
“Department”
means
the
Iowa
department
of
public
health
33
and
human
services
.
34
2.
“Director”
means
the
director
of
the
Iowa
department
of
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public
health
and
human
services
.
1
Sec.
266.
Section
147A.21,
subsections
2
and
3,
Code
2023,
2
are
amended
to
read
as
follows:
3
2.
“Department”
means
the
Iowa
department
of
public
health
4
and
human
services
.
5
3.
“Director”
means
the
director
of
public
health
and
human
6
services
.
7
Sec.
267.
Section
147A.24,
subsection
1,
paragraph
d,
Code
8
2023,
is
amended
to
read
as
follows:
9
d.
Department
of
public
health
and
human
services
.
10
Sec.
268.
Section
147C.1,
subsection
2,
paragraph
c,
Code
11
2023,
is
amended
to
read
as
follows:
12
c.
“Alternative
program”
means
a
nondisciplinary
monitoring
13
or
practice
remediation
process
approved
by
a
physical
therapy
14
licensing
board.
This
includes
but
is
not
limited
to
substance
15
abuse
use
disorder
issues.
16
Sec.
269.
Section
147D.1,
subsection
2,
paragraph
c,
Code
17
2023,
is
amended
to
read
as
follows:
18
c.
“Alternative
program”
means
a
voluntary,
nondisciplinary
19
substance
abuse
use
disorder
recovery
program
approved
by
a
20
state
emergency
medical
services
authority.
21
Sec.
270.
Section
147E.1,
subsection
2,
paragraph
k,
Code
22
2023,
is
amended
to
read
as
follows:
23
k.
“Impaired
practitioner”
means
individuals
whose
24
professional
practice
is
adversely
affected
by
substance
abuse
25
use
disorder
,
addiction,
or
other
health-related
conditions.
26
Sec.
271.
Section
147F.1,
subsection
2,
paragraph
n,
Code
27
2023,
is
amended
to
read
as
follows:
28
n.
“Impaired
practitioner”
means
an
individual
whose
29
professional
practice
is
adversely
affected
by
substance
abuse
30
use
disorder
,
addiction,
or
other
health-related
conditions.
31
Sec.
272.
Section
152.5A,
Code
2023,
is
amended
to
read
as
32
follows:
33
152.5A
Student
record
checks.
34
1.
For
the
purposes
of
this
section
:
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a.
“Comprehensive
preliminary
background
check”
means
the
1
same
as
defined
in
section
135C.1
.
2
b.
“Nursing
program”
means
a
nursing
program
that
is
3
approved
by
the
board
pursuant
to
section
152.5
.
4
c.
“Record
check
evaluation
system”
means
the
same
as
5
defined
in
section
135C.1.
6
c.
d.
“Student”
means
a
person
applying
for,
enrolled
in,
7
or
returning
to
the
clinical
education
component
of
a
nursing
8
program.
9
2.
Prior
to
a
student
beginning
or
returning
to
a
nursing
10
program,
the
nursing
program
shall
do
one
of
the
following
in
11
substantial
conformance
with
the
provisions
of
section
135C.33
:
12
a.
Request
that
the
department
of
public
safety
perform
a
13
criminal
history
check
and
the
record
check
evaluation
system
14
of
the
department
of
health
and
human
services
perform
child
15
and
dependent
adult
abuse
record
checks
of
the
student
in
this
16
state.
17
b.
Access
the
single
contact
repository
to
perform
the
18
required
record
checks.
19
3.
a.
If
a
program
accesses
the
single
contact
repository
20
to
perform
the
required
record
checks
pursuant
to
subsection
21
2
,
the
program
may
utilize
a
third-party
vendor
to
perform
22
a
comprehensive
preliminary
background
check
to
allow
a
23
student
to
provisionally
participate
in
the
clinical
education
24
component
of
the
nursing
program
pending
completion
of
the
25
required
record
checks
through
the
single
contact
repository
26
and
the
evaluation
by
the
department
of
human
services
record
27
check
evaluation
system
,
as
applicable,
subject
to
all
of
the
28
following:
29
(1)
If
the
comprehensive
preliminary
background
check
30
determines
that
the
student
being
considered
for
provisional
31
participation
has
been
convicted
of
a
crime,
but
the
crime
does
32
not
constitute
a
felony
as
defined
in
section
701.7
and
is
not
33
a
crime
specified
pursuant
to
chapter
708
,
708A
,
709
,
709A
,
34
710
,
710A
,
711
,
or
712
,
or
pursuant
to
section
726.3
,
726.27
,
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or
726.28
.
1
(2)
If
the
comprehensive
preliminary
background
check
2
determines
the
student
being
considered
for
provisional
3
participation
does
not
have
a
record
of
founded
child
abuse
or
4
dependent
adult
abuse,
or
if
an
exception
pursuant
to
section
5
135C.33,
subsection
4
,
is
applicable
to
the
student.
6
(3)
If
the
program
has
requested
an
evaluation
in
accordance
7
with
section
135C.33,
subsection
2
,
paragraph
“a”
,
to
determine
8
whether
the
crime
warrants
prohibition
of
the
student’s
9
provisional
participation.
10
b.
The
provisional
participation
under
this
subsection
11
3
may
continue
until
such
time
as
the
required
record
checks
12
through
the
single
contact
repository
and
the
evaluation
by
the
13
department
of
human
services
record
check
evaluation
system
,
14
as
applicable,
are
completed.
15
4.
If
a
student
has
a
criminal
record
or
a
record
of
16
founded
child
or
dependent
adult
abuse,
upon
request
of
the
17
nursing
program,
the
department
of
human
services
record
check
18
evaluation
system
shall
perform
an
evaluation
to
determine
19
whether
the
record
warrants
prohibition
of
the
student’s
20
involvement
in
a
clinical
education
component
of
a
nursing
21
program
involving
children
or
dependent
adults.
The
department
22
of
human
services
record
check
evaluation
system
shall
utilize
23
the
criteria
provided
in
section
135C.33
in
performing
the
24
evaluation
and
shall
report
the
results
of
the
evaluation
to
25
the
nursing
program.
The
department
of
human
services
record
26
check
evaluation
system
has
final
authority
in
determining
27
whether
prohibition
of
the
student’s
involvement
in
a
clinical
28
education
component
is
warranted.
29
Sec.
273.
Section
154D.4,
subsection
2,
paragraph
c,
Code
30
2023,
is
amended
to
read
as
follows:
31
c.
The
provision
of
children,
family,
or
mental
health
32
services
through
the
department
of
health
and
human
services
33
or
juvenile
court,
or
agencies
contracting
with
the
department
34
of
health
and
human
services
or
juvenile
court,
by
persons
who
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do
not
represent
themselves
to
be
either
a
marital
and
family
1
therapist
or
a
mental
health
counselor.
2
Sec.
274.
Section
155A.46,
subsection
1,
paragraph
a,
3
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
4
follows:
5
A
pharmacist
may,
pursuant
to
statewide
protocols
developed
6
by
the
board
in
consultation
with
the
department
of
public
7
health
and
human
services
and
consistent
with
subsection
2
,
8
order
and
administer
the
following
to
patients
ages
eighteen
9
years
and
older:
10
Sec.
275.
Section
155A.46,
subsection
1,
paragraph
b,
11
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
12
follows:
13
A
pharmacist
may,
pursuant
to
statewide
protocols
developed
14
by
the
board
in
consultation
with
the
department
of
public
15
health
and
human
services
and
consistent
with
subsection
2
,
16
order
and
administer
the
following
to
patients
ages
six
months
17
and
older:
18
Sec.
276.
Section
155A.46,
subsection
1,
paragraph
c,
Code
19
2023,
is
amended
to
read
as
follows:
20
c.
A
pharmacist
may,
pursuant
to
statewide
protocols
21
developed
by
the
board
in
consultation
with
the
department
of
22
public
health
and
human
services
and
consistent
with
subsection
23
2
,
order
and
administer
the
final
two
doses
in
a
course
of
24
vaccinations
for
HPV
to
patients
ages
eleven
years
and
older.
25
Sec.
277.
Section
155A.46,
subsection
1,
paragraph
e,
26
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
27
follows:
28
A
pharmacist
may,
pursuant
to
statewide
protocols
developed
29
by
the
board
in
consultation
with
the
department
of
public
30
health
and
human
services
and
consistent
with
subsection
2
,
31
order
and
administer
the
following
to
patients
ages
six
years
32
and
older:
33
Sec.
278.
Section
158.2,
subsection
8,
Code
2023,
is
amended
34
to
read
as
follows:
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8.
Persons
committed
pursuant
to
chapter
229A
to
the
custody
1
of
the
director
of
the
department
of
health
and
human
services
2
in
the
unit
for
sexually
violent
predators
who
cut
the
hair
or
3
trim
or
shave
the
beard
of
any
other
person
within
the
unit,
4
without
receiving
direct
compensation
from
the
person
receiving
5
the
service.
6
Sec.
279.
Section
158.3,
subsection
1,
paragraph
d,
Code
7
2023,
is
amended
to
read
as
follows:
8
d.
Presents
a
certificate,
or
satisfactory
evidence,
to
the
9
department
that
the
applicant
has
successfully
completed
tenth
10
grade,
or
the
equivalent.
The
provisions
of
this
subsection
11
shall
not
apply
to
students
enrolled
in
a
barber
school
12
maintained
at
an
institution
under
the
control
of
a
director
of
13
a
division
of
the
department
of
health
and
human
services.
14
Sec.
280.
Section
163.3A,
subsection
2,
Code
2023,
is
15
amended
to
read
as
follows:
16
2.
The
services
shall
be
performed
under
the
direction
of
17
the
department
and
may
be
part
of
measures
authorized
by
the
18
governor
under
a
declaration
or
proclamation
issued
pursuant
19
to
chapter
29C
.
In
such
case,
the
department
shall
cooperate
20
with
the
Iowa
department
of
public
health
and
human
services
21
under
chapter
135
,
and
the
department
of
homeland
security
and
22
emergency
management,
and
local
emergency
management
agencies
23
as
provided
in
chapter
29C
.
24
Sec.
281.
Section
190B.102,
subsection
3,
Code
2023,
is
25
amended
to
read
as
follows:
26
3.
The
department
of
agriculture
and
land
stewardship,
the
27
department
of
public
health,
the
department
of
health
and
human
28
services,
and
the
department
of
inspections
and
appeals
shall
29
cooperate
with
the
department
of
revenue
to
administer
this
30
subchapter
.
31
Sec.
282.
Section
204.7,
subsection
8,
paragraph
a,
32
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
33
(3)
The
consumable
hemp
product
complies
with
packaging
34
and
labeling
requirements,
which
shall
be
established
by
the
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department
of
inspections
health
and
appeals
human
services
by
1
rule.
2
Sec.
283.
Section
204.7,
subsection
8,
paragraphs
b
and
c,
3
Code
2023,
are
amended
to
read
as
follows:
4
b.
A
person
manufacturing
a
consumable
hemp
product
in
5
this
state
shall
register
with
the
department
of
inspections
6
health
and
appeals
human
services
on
a
form
prescribed
by
7
the
department
of
inspections
health
and
appeals
human
8
services
by
rule.
The
department
of
inspections
health
and
9
appeals
human
services
may
impose
a
fee,
established
by
the
10
department
of
inspections
health
and
appeals
human
services
11
by
rule,
on
a
registrant
not
to
exceed
the
cost
of
processing
12
the
registration.
The
department
of
inspections
health
and
13
appeals
human
services
shall
adopt
rules
for
the
revocation
14
of
a
registration
issued
to
a
manufacturer
who
manufactures
a
15
consumable
hemp
product
not
in
compliance
with
this
chapter
.
16
c.
A
person
selling
a
consumable
hemp
product
in
this
state
17
shall
register
with
the
department
of
inspections
health
and
18
appeals
human
services
on
a
form
prescribed
by
the
department
19
of
inspections
health
and
appeals
human
services
by
rule
and
20
shall
keep
on
the
premises
of
the
person’s
business
a
copy
21
of
the
certificate
of
analysis
issued
pursuant
to
section
22
204.8
for
the
hemp
contained
in
the
consumable
hemp
products
23
sold
by
the
person.
The
department
of
inspections
health
and
24
appeals
human
services
may
impose
a
fee,
established
by
the
25
department
of
inspections
health
and
appeals
human
services
26
by
rule,
on
a
registrant
not
to
exceed
the
cost
of
processing
27
the
registration.
The
department
of
inspections
health
and
28
appeals
human
services
shall
adopt
rules
for
the
revocation
of
29
a
registration
issued
to
a
person
who
sells
a
consumable
hemp
30
product
not
in
compliance
with
this
section
.
31
Sec.
284.
Section
206.2,
subsection
17,
paragraph
c,
Code
32
2023,
is
amended
to
read
as
follows:
33
c.
To
which
reference
is
made
on
the
label
or
in
34
literature
accompanying
the
pesticide
or
device,
except
when
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accurate,
nonmisleading
reference
is
made
to
current
official
1
publications
of
the
United
States
department
of
agriculture
or
2
interior,
the
United
States
public
health
service,
the
state
3
agricultural
experiment
stations,
the
Iowa
state
university,
4
the
Iowa
department
of
public
health
and
human
services
,
the
5
department
of
natural
resources,
or
other
similar
federal
6
institutions
or
official
agencies
of
this
state
or
other
7
states
authorized
by
law
to
conduct
research
in
the
field
of
8
pesticides.
9
Sec.
285.
Section
216.6,
subsection
1,
paragraph
d,
Code
10
2023,
is
amended
to
read
as
follows:
11
d.
Person
to
solicit
or
require
as
a
condition
of
employment
12
of
any
employee
or
prospective
employee
a
test
for
the
presence
13
of
the
antibody
to
the
human
immunodeficiency
virus
or
to
14
affect
the
terms,
conditions,
or
privileges
of
employment
or
15
terminate
the
employment
of
any
employee
solely
as
a
result
16
of
the
employee
obtaining
a
test
for
the
presence
of
the
17
antibody
to
the
human
immunodeficiency
virus.
An
agreement
18
between
an
employer,
employment
agency,
labor
organization,
19
or
their
employees,
agents,
or
members
and
an
employee
or
20
prospective
employee
concerning
employment,
pay,
or
benefits
to
21
an
employee
or
prospective
employee
in
return
for
taking
a
test
22
for
the
presence
of
the
antibody
to
the
human
immunodeficiency
23
virus,
is
prohibited.
The
prohibitions
of
this
paragraph
24
do
not
apply
if
the
state
epidemiologist
determines
and
the
25
director
of
public
health
and
human
services
declares
through
26
the
utilization
of
guidelines
established
by
the
center
for
27
disease
control
of
the
United
States
department
of
health
and
28
human
services,
that
a
person
with
a
condition
related
to
29
acquired
immune
deficiency
syndrome
poses
a
significant
risk
30
of
transmission
of
the
human
immunodeficiency
virus
to
other
31
persons
in
a
specific
occupation.
32
Sec.
286.
Section
216A.1,
Code
2023,
is
amended
to
read
as
33
follows:
34
216A.1
Department
of
health
and
human
services
——
human
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rights
——
purpose.
1
1.
A
The
department
of
health
and
human
rights
is
created,
2
with
the
following
divisions
and
offices
services
shall
be
3
responsible
for
all
of
the
following
:
4
a.
Division
of
community
Community
advocacy
and
services,
5
with
the
following
offices:
6
(1)
Office
of
Latino
affairs.
7
(2)
Office
on
the
status
of
women.
8
(3)
Office
of
persons
with
disabilities.
9
(4)
Office
of
deaf
services.
10
(5)
Office
on
the
status
of
African
Americans.
11
(6)
Office
of
Asian
and
Pacific
Islander
affairs.
12
(7)
Office
of
Native
American
affairs.
13
b.
Division
of
community
Community
action
agencies.
14
c.
Division
of
criminal
Criminal
and
juvenile
justice
15
planning.
16
2.
The
purpose
of
the
department
under
this
chapter
and
as
17
otherwise
provided
by
law
is
to
ensure
basic
rights,
freedoms,
18
and
opportunities
for
all
by
empowering
underrepresented
Iowans
19
and
eliminating
economic,
social,
and
cultural
barriers.
20
3.
The
department
shall
implement
the
comprehensive
21
strategic
plan
approved
by
the
board
under
section
216A.3
and
22
shall
issue
an
annual
report
to
the
governor
and
the
general
23
assembly
no
later
than
November
1
of
each
year
concerning
the
24
operations
of
the
department
relating
to
responsibilities
for
25
human
rights.
26
Sec.
287.
Section
216A.3,
Code
2023,
is
amended
to
read
as
27
follows:
28
216A.3
Human
rights
board.
29
1.
A
human
rights
board
is
created
within
the
department
of
30
human
rights
.
31
2.
The
board
shall
consist
of
sixteen
members,
including
32
eleven
voting
members
and
five
nonvoting
members
and
determined
33
as
follows:
34
a.
The
voting
members
shall
consist
of
nine
voting
members
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selected
by
each
of
the
permanent
commissions
within
the
1
department,
and
two
voting
members,
appointed
by
the
governor.
2
For
purposes
of
this
paragraph
“a”
,
“permanent
commissions”
3
means
the
commission
of
Latino
affairs,
commission
on
the
4
status
of
women,
commission
of
persons
with
disabilities,
5
commission
on
community
action
agencies,
commission
of
deaf
6
services,
justice
advisory
board,
commission
on
the
status
of
7
African
Americans,
commission
of
Asian
and
Pacific
Islander
8
affairs,
and
commission
of
Native
American
affairs.
The
term
9
of
office
for
voting
members
is
four
years.
10
b.
The
nonvoting
members
shall
consist
of
the
department
11
director,
two
state
representatives,
one
appointed
by
the
12
speaker
of
the
house
of
representatives
and
one
by
the
minority
13
leader
of
the
house
of
representatives,
and
two
state
senators,
14
one
appointed
by
the
majority
leader
of
the
senate
and
one
by
15
the
minority
leader
of
the
senate.
16
3.
A
majority
of
the
voting
members
of
the
board
shall
17
constitute
a
quorum,
and
the
affirmative
vote
of
two-thirds
of
18
the
voting
members
present
is
necessary
for
any
substantive
19
action
taken
by
the
board.
The
board
shall
select
a
20
chairperson
from
the
voting
members
of
the
board.
The
board
21
shall
meet
not
less
than
four
times
a
year.
22
4.
The
board
shall
have
the
following
duties:
23
a.
Develop
develop
and
monitor
implementation
of
24
a
comprehensive
strategic
plan
to
remove
barriers
for
25
underrepresented
populations
and,
in
doing
so,
to
increase
26
Iowa’s
productivity
and
inclusivity,
including
performance
27
measures
and
benchmarks.
28
b.
Approve,
disapprove,
amend,
or
modify
the
budget
29
recommended
by
the
department
director
for
the
operation
of
30
the
department,
subject
to
the
budget
requirements
pursuant
to
31
chapter
8
.
32
c.
Adopt
administrative
rules
pursuant
to
chapter
17A
,
33
upon
the
recommendation
of
the
department
director,
for
the
34
operation
of
the
department.
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d.
By
November
1
of
each
year,
approve
the
department
report
1
to
the
general
assembly
and
the
governor
that
covers
activities
2
during
the
preceding
fiscal
year.
3
Sec.
288.
Section
216A.4,
subsections
2
and
3,
Code
2023,
4
are
amended
to
read
as
follows:
5
2.
“Department”
means
the
department
of
health
and
human
6
rights
services
.
7
3.
“Department
director”
“Director”
means
the
director
of
8
the
department
of
health
and
human
rights
services
.
9
Sec.
289.
Section
216A.6,
subsection
2,
paragraph
d,
Code
10
2023,
is
amended
to
read
as
follows:
11
d.
Department
,
or
division,
or
office
evaluations
of
12
information
about
a
person
seeking
or
receiving
advocacy
13
services.
14
Sec.
290.
Section
216A.7,
Code
2023,
is
amended
to
read
as
15
follows:
16
216A.7
Access
to
information.
17
Upon
request
of
the
director
,
or
an
office,
a
commission,
18
or
a
council
,
or
administrator
of
a
division
of
the
department
19
created
under
this
chapter
,
all
boards,
agencies,
departments,
20
and
offices
of
the
state
shall
make
available
nonconfidential
21
information,
records,
data,
and
statistics
which
are
relevant
22
to
the
populations
or
groups
served
by
the
offices,
councils,
23
and
commissions
of
the
department
.
24
Sec.
291.
Section
216A.11,
subsection
2,
Code
2023,
is
25
amended
to
read
as
follows:
26
2.
“Office”
means
the
office
of
Latino
affairs
of
the
27
department
of
human
rights
.
28
Sec.
292.
Section
216A.13,
subsection
2,
Code
2023,
is
29
amended
to
read
as
follows:
30
2.
Serve
as
liaison
between
the
department
of
human
rights
31
and
the
public,
sharing
information
and
gathering
constituency
32
input.
33
Sec.
293.
Section
216A.15,
subsection
4,
Code
2023,
is
34
amended
to
read
as
follows:
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4.
Recommend
to
the
department
director
policies
and
1
programs
for
the
office.
2
Sec.
294.
Section
216A.51,
subsection
2,
Code
2023,
is
3
amended
to
read
as
follows:
4
2.
“Office”
means
the
office
on
the
status
of
women
of
the
5
department
of
human
rights
.
6
Sec.
295.
Section
216A.71,
subsection
2,
Code
2023,
is
7
amended
to
read
as
follows:
8
2.
“Office”
means
the
office
of
persons
with
disabilities
of
9
the
department
of
human
rights
.
10
Sec.
296.
Section
216A.91,
Code
2023,
is
amended
to
read
as
11
follows:
12
216A.91
Definitions.
13
For
purposes
of
this
subchapter
,
unless
the
context
14
otherwise
requires:
15
1.
“Administrator”
means
the
administrator
of
the
division
16
of
community
action
agencies
of
the
department
of
human
rights.
17
2.
1.
“Commission”
means
the
commission
on
community
action
18
agencies.
19
3.
2.
“Community
action
agency”
means
a
public
agency
20
or
a
private
nonprofit
agency
which
is
authorized
under
its
21
charter
or
bylaws
to
receive
funds
to
administer
community
22
action
programs
and
is
designated
by
the
governor
to
receive
23
and
administer
the
funds.
24
4.
3.
“Community
action
program”
means
a
program
conducted
25
by
a
community
action
agency
which
includes
projects
to
provide
26
a
range
of
services
to
improve
the
conditions
of
poverty
in
the
27
area
served
by
the
community
action
agency.
28
5.
“Delegate
agency”
means
a
subgrantee
or
contractor
29
selected
by
the
community
action
agency.
30
6.
“Division”
means
the
division
of
community
action
31
agencies
of
the
department
of
human
rights.
32
Sec.
297.
Section
216A.92,
Code
2023,
is
amended
to
read
as
33
follows:
34
216A.92
Division
of
community
Community
action
agencies.
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1.
The
division
of
community
action
agencies
is
1
established.
The
purpose
of
the
division
of
community
action
2
agencies
is
to
The
department
shall
strengthen,
supplement,
3
and
coordinate
efforts
to
develop
the
full
potential
of
each
4
citizen
by
recognizing
certain
community
action
agencies
and
5
supporting
certain
community-based
programs
delivered
by
6
community
action
agencies.
7
2.
The
division
department
shall
do
all
of
the
following:
8
a.
Provide
financial
assistance
for
community
action
9
agencies
to
implement
community
action
programs,
as
permitted
10
by
the
community
service
block
grant
and
subject
to
the
funding
11
made
available
for
the
program.
12
b.
Administer
the
community
services
block
grant,
the
13
low-income
energy
assistance
block
grants,
department
of
energy
14
funds
for
weatherization,
and
other
possible
funding
sources.
15
If
a
political
subdivision
is
the
community
action
agency,
16
the
financial
assistance
shall
be
allocated
to
the
political
17
subdivision.
18
c.
Implement
accountability
measures
for
its
programs
and
19
require
regular
reporting
on
the
measures
by
the
community
20
action
agencies.
21
d.
Issue
an
annual
report
to
the
governor
and
general
22
assembly
by
July
1
of
each
year.
23
Sec.
298.
Section
216A.92B,
subsections
1
and
3,
Code
2023,
24
are
amended
to
read
as
follows:
25
1.
Recommend
to
the
board
the
adoption
of
rules
pursuant
26
to
chapter
17A
as
it
deems
necessary
for
the
commission
and
27
division
department
.
28
3.
Serve
as
liaisons
between
the
division
department
and
the
29
public,
sharing
information
and
gathering
constituency
input.
30
Sec.
299.
Section
216A.93,
Code
2023,
is
amended
to
read
as
31
follows:
32
216A.93
Establishment
of
community
action
agencies.
33
The
division
department
shall
recognize
and
assist
in
the
34
designation
of
certain
community
action
agencies
to
assist
in
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the
delivery
of
community
action
programs.
These
programs
1
shall
include
but
not
be
limited
to
outreach,
community
2
services
block
grant,
low-income
energy
assistance,
and
3
weatherization
programs.
If
a
community
action
agency
is
in
4
effect
and
currently
serving
an
area,
that
community
action
5
agency
shall
become
the
designated
community
action
agency
6
for
that
area.
If
any
geographic
area
of
the
state
ceases
7
to
be
served
by
a
designated
community
action
agency,
the
8
division
department
may
solicit
applications
and
assist
the
9
governor
in
designating
a
community
action
agency
for
that
10
area
in
accordance
with
current
community
services
block
grant
11
requirements.
12
Sec.
300.
Section
216A.98,
Code
2023,
is
amended
to
read
as
13
follows:
14
216A.98
Audit.
15
Each
community
action
agency
shall
be
audited
annually
but
16
shall
not
be
required
to
obtain
a
duplicate
audit
to
meet
the
17
requirements
of
this
section
.
In
lieu
of
an
audit
by
the
18
auditor
of
state,
the
community
action
agency
may
contract
with
19
or
employ
a
certified
public
accountant
to
conduct
the
audit,
20
pursuant
to
the
applicable
terms
and
conditions
prescribed
by
21
sections
11.6
,
11.14
,
and
11.19
and
an
audit
format
prescribed
22
by
the
auditor
of
state.
Copies
of
each
audit
shall
be
23
furnished
to
the
division
department
in
a
manner
prescribed
by
24
the
division
department
.
25
Sec.
301.
Section
216A.99,
subsection
1,
Code
2023,
is
26
amended
to
read
as
follows:
27
1.
The
administrator
department
shall
provide
financial
28
assistance
for
community
action
agencies
to
implement
community
29
action
programs,
as
permitted
by
the
community
service
block
30
grant,
administer
the
low-income
energy
assistance
block
31
grants,
department
of
energy
funds
for
weatherization
received
32
in
Iowa,
and
other
possible
funding
sources.
33
Sec.
302.
Section
216A.102,
subsection
3,
Code
2023,
is
34
amended
to
read
as
follows:
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3.
Under
rules
developed
adopted
by
the
division
of
1
community
action
agencies
of
the
department
of
human
rights
2
and
adopted
by
the
board
,
the
fund
may
be
used
to
negotiate
3
reconnection
of
essential
utility
services
with
the
energy
4
provider.
5
Sec.
303.
Section
216A.104,
subsection
1,
Code
2023,
is
6
amended
to
read
as
follows:
7
1.
The
general
assembly
finds
that
provision
of
assistance
8
to
prevent
utility
disconnections
will
also
prevent
the
9
development
of
public
health
risks
due
to
such
disconnections.
10
The
division
department
shall
establish
an
energy
utility
11
assessment
and
resolution
program
administered
by
each
12
community
action
agency
for
persons
with
low
incomes
who
have
13
or
need
a
deferred
payment
agreement
or
are
in
need
of
an
14
emergency
fuel
delivery
to
address
home
energy
utility
costs.
15
Sec.
304.
Section
216A.104,
subsection
2,
paragraphs
b
and
16
f,
Code
2023,
are
amended
to
read
as
follows:
17
b.
The
person
is
a
residential
customer
of
an
energy
utility
18
approved
for
the
program
by
the
division
department
.
19
f.
The
person
complies
with
other
eligibility
requirements
20
adopted
in
rules
by
the
division
department
.
21
Sec.
305.
Section
216A.107,
subsection
1,
Code
2023,
is
22
amended
to
read
as
follows:
23
1.
A
family
development
and
self-sufficiency
council
is
24
established
within
the
department
of
human
rights
.
The
council
25
shall
consist
of
the
following
persons:
26
a.
The
director
of
the
department
of
human
services
or
the
27
director’s
designee.
28
b.
The
director
of
the
department
of
public
health
or
the
29
director’s
designee.
30
c.
The
administrator
of
the
division
of
community
31
action
agencies
of
the
department
of
human
rights
or
the
32
administrator’s
designee.
33
d.
b.
The
director
of
the
school
of
social
work
at
the
34
university
of
Iowa
or
the
director’s
designee.
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e.
c.
The
dean
of
the
college
of
human
sciences
at
Iowa
1
state
university
or
the
dean’s
designee.
2
f.
d.
Two
recipients
or
former
recipients
of
the
family
3
investment
program,
selected
by
the
other
members
of
the
4
council.
5
g.
e.
One
recipient
or
former
recipient
of
the
family
6
investment
program
who
is
a
member
of
a
racial
or
ethnic
7
minority,
selected
by
the
other
members
of
the
council.
8
h.
f.
One
member
representing
providers
of
services
to
9
victims
of
domestic
violence,
selected
by
the
other
members
of
10
the
council.
11
i.
g.
The
head
of
the
department
of
design,
textiles,
12
gerontology,
and
family
studies
at
the
university
of
northern
13
Iowa
or
that
person’s
designee.
14
j.
h.
The
director
of
the
department
of
education
or
the
15
director’s
designee.
16
k.
i.
The
director
of
the
department
of
workforce
17
development
or
the
director’s
designee.
18
l.
j.
Two
persons
representing
the
business
community,
19
selected
by
the
other
members
of
the
council.
20
m.
k.
Two
members
from
each
chamber
of
the
general
21
assembly
serving
as
ex
officio,
nonvoting
members.
The
two
22
members
of
the
senate
shall
be
appointed
one
each
by
the
23
majority
leader
and
the
minority
leader
of
the
senate.
The
two
24
members
of
the
house
of
representatives
shall
be
appointed
one
25
each
by
the
speaker
and
the
minority
leader
of
the
house
of
26
representatives.
27
Sec.
306.
Section
216A.107,
subsection
3,
paragraph
c,
28
subparagraphs
(1)
and
(3),
Code
2023,
are
amended
to
read
as
29
follows:
30
(1)
Designation
of
families
to
be
served
that
meet
one
or
31
more
criteria
for
being
at
risk
of
dependency
on
the
family
32
investment
program
or
of
family
instability,
and
agreement
33
to
serve
clients
that
are
referred
by
the
department
of
34
human
services
from
the
family
investment
program
which
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meet
the
criteria.
The
criteria
may
include
but
are
not
1
limited
to
factors
such
as
educational
level,
work
history,
2
family
structure,
age
of
the
youngest
child
in
the
family,
3
previous
length
of
stay
on
the
family
investment
program,
and
4
participation
in
the
family
investment
program
or
the
foster
5
care
program
while
the
head
of
a
household
was
a
child.
Grant
6
proposals
shall
also
establish
the
number
of
families
to
be
7
served
under
the
grant.
8
(3)
Designation
of
the
manner
in
which
other
needs
of
the
9
families
will
be
provided
for,
including
but
not
limited
to
10
child
care
assistance,
transportation,
substance
abuse
use
11
disorder
treatment,
support
group
counseling,
food,
clothing,
12
and
housing.
13
Sec.
307.
Section
216A.107,
subsection
4,
Code
2023,
is
14
amended
to
read
as
follows:
15
4.
a.
The
division
department
shall
administer
the
family
16
development
and
self-sufficiency
grant
program.
The
department
17
of
human
services
shall
disclose
to
the
division
confidential
18
information
pertaining
to
individuals
receiving
services
under
19
the
grant
program,
as
authorized
under
section
217.30
.
The
20
division
and
the
department
of
human
services
shall
share
21
information
and
data
necessary
for
tracking
performance
22
measures
of
the
family
development
and
self-sufficiency
grant
23
program,
for
referring
families
participating
in
the
promoting
24
independence
and
self-sufficiency
through
employment
job
25
opportunities
and
basic
skills
(PROMISE
JOBS)
program
under
26
section
239B.17
and
related
activities
and
programs
to
the
27
grant
program,
and
for
meeting
federal
reporting
requirements.
28
The
division
and
the
department
of
human
services
may
by
mutual
29
agreement,
as
specified
in
the
memorandum
of
agreement
entered
30
into
in
accordance
with
paragraph
“b”
,
add
to
or
delete
from
31
the
initial
shared
information
items
listed
in
this
lettered
32
paragraph.
The
initial
shared
information
shall
include
but
is
33
not
limited
to
all
of
the
following:
34
(1)
Family
enrollments
and
exits
to
and
from
each
of
the
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programs.
1
(2)
Monthly
reports
of
individual
participant
activity
in
2
PROMISE
JOBS
components
that
are
countable
work
activities
3
according
to
federal
guidelines
applicable
to
those
components.
4
(3)
Aggregate
grant
program
participant
activity
in
all
5
PROMISE
JOBS
program
components.
6
(4)
Work
participation
rates
for
grant
program
participants
7
who
were
active
family
investment
program
participants.
8
(5)
The
average
hourly
wage
of
grant
program
participants
9
who
left
the
family
investment
program.
10
(6)
The
percentage
of
grant
program
participants
who
exited
11
from
the
grant
program
at
or
after
the
time
family
investment
12
program
participation
ended
and
did
not
reenroll
in
the
family
13
investment
program
for
at
least
one
year.
14
b.
The
division
shall
develop
a
memorandum
of
agreement
15
with
the
department
of
human
services
to
share
outcome
data
and
16
coordinate
referrals
and
delivery
of
services
to
participants
17
in
the
family
investment
program
under
chapter
239B
and
the
18
grant
program
and
other
shared
clients
and
shall
provide
the
19
department
of
human
services
with
information
necessary
for
20
compliance
with
federal
temporary
assistance
for
needy
families
21
block
grant
state
plan
and
reporting
requirements,
including
22
but
not
limited
to
financial
and
data
reports.
23
c.
b.
To
the
extent
that
the
family
development
and
24
self-sufficiency
grant
program
is
funded
by
the
federal
25
temporary
assistance
for
needy
families
block
grant
and
by
the
26
state
maintenance
of
efforts
funds
appropriated
in
connection
27
with
the
block
grant,
the
division
department
shall
comply
with
28
all
federal
requirements
for
the
block
grant.
The
division
29
department
is
responsible
for
payment
of
any
federal
penalty
30
imposed
that
is
attributable
to
the
grant
program
and
shall
31
receive
any
federal
bonus
payment
attributable
to
the
grant
32
program.
33
d.
c.
The
division
department
shall
ensure
that
34
expenditures
of
moneys
appropriated
to
the
department
of
human
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services
from
the
general
fund
of
the
state
for
the
family
1
development
and
self-sufficiency
grant
program
are
eligible
to
2
be
considered
as
state
maintenance
of
effort
expenditures
under
3
federal
temporary
assistance
for
needy
families
block
grant
4
requirements.
5
e.
d.
The
commission
department
shall
consider
the
6
recommendations
of
the
council
in
adopting
rules
pertaining
to
7
the
grant
program.
8
f.
e.
The
division
department
shall
submit
to
the
governor
9
and
general
assembly
on
or
before
November
30
following
the
10
end
of
each
state
fiscal
year,
a
report
detailing
performance
11
measure
and
outcome
data
evaluating
the
family
development
and
12
self-sufficiency
grant
program
for
the
fiscal
year
that
just
13
ended.
14
Sec.
308.
Section
216A.111,
subsection
2,
Code
2023,
is
15
amended
to
read
as
follows:
16
2.
“Office”
means
the
office
of
deaf
services
of
the
17
department
of
human
rights
.
18
Sec.
309.
Section
216A.131,
Code
2023,
is
amended
to
read
19
as
follows:
20
216A.131
Definitions.
21
For
the
purpose
of
this
subchapter
,
unless
the
context
22
otherwise
requires:
23
1.
“Administrator”
means
the
administrator
of
the
division
24
of
criminal
and
juvenile
justice
planning.
25
2.
1.
“Board”
means
the
justice
advisory
board.
26
3.
2.
“Department”
means
the
department
of
health
and
human
27
rights
services
.
28
4.
“Division”
means
the
division
of
criminal
and
juvenile
29
justice
planning.
30
Sec.
310.
Section
216A.131A,
Code
2023,
is
amended
to
read
31
as
follows:
32
216A.131A
Division
of
criminal
Criminal
and
juvenile
justice
33
planning.
34
The
division
of
criminal
and
juvenile
justice
planning
is
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established
to
department
shall
fulfill
the
responsibilities
1
of
this
subchapter
,
including
the
duties
specified
in
sections
2
216A.135
,
216A.136
,
216A.137
,
216A.138
,
and
216A.140
.
3
Sec.
311.
Section
216A.132,
subsection
1,
paragraph
b,
Code
4
2023,
is
amended
to
read
as
follows:
5
b.
Additional
voting
members
of
the
board,
each
serving
a
6
four-year
term,
shall
include
one
representative
from
each
of
7
the
following:
8
(1)
The
Iowa
coalition
against
sexual
assault.
9
(2)
The
American
civil
liberties
union
of
Iowa.
10
(3)
The
Iowa
county
attorneys
association.
11
(4)
The
department
of
health
and
human
services.
12
(5)
The
department
of
corrections.
13
(6)
A
judicial
district
department
of
correctional
14
services.
15
(7)
The
department
of
public
safety.
16
(8)
The
office
on
the
status
of
African
Americans.
17
(9)
The
department
of
public
health.
18
(10)
(8)
The
board
of
parole.
19
(11)
(9)
The
department
of
justice.
20
(12)
(10)
The
state
public
defender.
21
(13)
(11)
The
governor’s
office
of
drug
control
policy.
22
Sec.
312.
Section
216A.132,
subsection
3,
Code
2023,
is
23
amended
to
read
as
follows:
24
3.
Members
of
the
board
shall
receive
reimbursement
25
from
the
state
for
actual
and
necessary
expenses
incurred
26
in
the
performance
of
their
official
duties
and
may
also
27
be
eligible
to
receive
compensation
as
provided
in
section
28
7E.6
.
All
expense
moneys
paid
to
nonlegislative
members
shall
29
be
paid
from
funds
appropriated
to
the
division
department
.
30
Legislative
members
shall
receive
compensation
as
provided
in
31
sections
2.10
and
2.12
.
32
Sec.
313.
Section
216A.133,
subsection
2,
Code
2023,
is
33
amended
to
read
as
follows:
34
2.
The
board
shall
advise
the
division
department
on
its
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administration
of
state
and
federal
grants
and
appropriations
1
and
shall
carry
out
other
functions
consistent
with
this
2
subchapter
.
3
Sec.
314.
Section
216A.133,
subsection
3,
paragraphs
i,
j,
4
k,
l,
and
r,
Code
2023,
are
amended
to
read
as
follows:
5
i.
Providing
input
to
the
department
director
in
the
6
development
of
budget
recommendations
for
the
division
7
department
.
8
j.
Coordinating
with
the
administrator
to
develop
and
9
make
Developing
and
making
recommendations
to
the
department
10
director
pursuant
to
section
216A.2
.
11
k.
Serving
as
a
liaison
between
the
division
department
12
and
the
public,
sharing
information
and
gathering
constituency
13
input.
14
l.
Recommending
to
the
department
the
adoption
of
rules
15
pursuant
to
chapter
17A
as
it
deems
necessary
for
the
board
and
16
division
department
.
17
r.
Reviewing
data
supplied
by
the
division
department
,
the
18
department
of
management,
the
legislative
services
agency,
the
19
Iowa
supreme
court,
and
other
departments
or
agencies
for
the
20
purpose
of
determining
the
effectiveness
and
efficiency
of
the
21
collection
of
such
data.
22
Sec.
315.
Section
216A.136,
unnumbered
paragraph
1,
Code
23
2023,
is
amended
to
read
as
follows:
24
The
division
department
shall
maintain
an
Iowa
statistical
25
analysis
center
for
the
purpose
of
coordinating
with
data
26
resource
agencies
to
provide
data
and
analytical
information
to
27
federal,
state,
and
local
governments,
and
assist
agencies
in
28
the
use
of
criminal
and
juvenile
justice
data.
Notwithstanding
29
any
other
provision
of
state
law,
unless
prohibited
by
federal
30
law
or
regulation,
the
division
department
shall
be
granted
31
access,
for
purposes
of
research
and
evaluation,
to
criminal
32
history
records,
official
juvenile
court
records,
juvenile
33
court
social
records,
and
any
other
data
collected
or
under
34
control
of
the
board
of
parole,
department
of
corrections,
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department
of
workforce
development,
district
departments
of
1
correctional
services,
department
of
human
services,
judicial
2
branch,
and
department
of
public
safety.
However,
intelligence
3
data
and
peace
officer
investigative
reports
maintained
by
the
4
department
of
public
safety
shall
not
be
considered
data
for
5
the
purposes
of
this
section
.
Any
record,
data,
or
information
6
obtained
by
the
division
department
under
this
section
and
7
the
division
department
itself
is
subject
to
the
federal
and
8
state
confidentiality
laws
and
regulations
which
are
applicable
9
to
the
original
record,
data,
or
information
obtained
by
the
10
division
department
and
to
the
original
custodian
of
the
11
record,
data,
or
information.
The
access
shall
include
but
is
12
not
limited
to
all
of
the
following:
13
Sec.
316.
Section
216A.137,
Code
2023,
is
amended
to
read
14
as
follows:
15
216A.137
Correctional
policy
project.
16
1.
The
division
department
shall
maintain
an
Iowa
17
correctional
policy
project
for
the
purpose
of
conducting
18
analyses
of
major
correctional
issues
affecting
the
criminal
19
and
juvenile
justice
system.
The
board
shall
identify
and
20
prioritize
the
issues
and
studies
to
be
addressed
by
the
21
division
department
through
this
project
and
shall
report
22
project
plans
and
findings
annually
along
with
the
report
23
required
in
section
216A.135
.
Issues
and
studies
to
be
24
considered
by
the
board
shall
include
but
are
not
limited
25
to
a
review
of
the
information
systems
available
to
assess
26
corrections
trends
and
program
effectiveness,
the
development
27
of
an
evaluation
plan
for
assessing
the
impact
of
corrections
28
expenditures,
and
a
study
of
the
desirability
and
feasibility
29
of
changing
the
state’s
sentencing
practices,
which
includes
30
a
prison
population
forecast.
31
2.
The
division
department
may
form
subcommittees
for
the
32
purpose
of
addressing
major
correctional
issues
affecting
the
33
criminal
and
juvenile
justice
system.
The
division
department
34
shall
establish
a
subcommittee
to
address
issues
specifically
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affecting
the
juvenile
justice
system.
1
Sec.
317.
Section
216A.138,
subsections
1,
2,
4,
and
7,
Code
2
2023,
are
amended
to
read
as
follows:
3
1.
The
division
department
shall
coordinate
the
development
4
of
a
multiagency
database
to
track
the
progress
of
juveniles
5
through
various
state
and
local
agencies
and
programs.
The
6
division
department
shall
develop
a
plan
which
utilizes
7
existing
databases,
including
the
Iowa
court
information
8
system,
the
federally
mandated
national
adoption
and
foster
9
care
information
system,
and
the
other
state
and
local
10
databases
pertaining
to
juveniles,
to
the
extent
possible.
11
2.
The
department
of
human
services,
department
of
12
corrections,
judicial
branch,
department
of
public
safety,
13
department
of
education,
local
school
districts,
and
other
14
state
agencies
and
political
subdivisions
shall
cooperate
with
15
the
division
department
in
the
development
of
the
plan.
16
4.
The
division
department
shall
develop
the
plan
within
17
the
context
of
existing
federal
privacy
and
confidentiality
18
requirements.
The
plan
shall
build
upon
existing
resources
and
19
facilities
to
the
extent
possible.
20
7.
If
the
division
department
has
insufficient
funds
and
21
resources
to
implement
this
section
,
the
division
department
22
shall
determine
what,
if
any,
portion
of
this
section
may
be
23
implemented,
and
the
remainder
of
this
section
shall
not
apply.
24
Sec.
318.
Section
216A.140,
subsection
5,
Code
2023,
is
25
amended
to
read
as
follows:
26
5.
Membership.
The
youth
development
council
membership
27
shall
be
determined
by
the
council
itself
and
shall
include
the
28
directors
or
chief
administrators,
or
their
designees,
from
the
29
following
state
agencies
and
programs:
30
a.
Child
advocacy
board.
31
b.
Iowa
commission
on
volunteer
service
in
the
office
of
32
the
governor.
33
c.
b.
Department
of
education.
34
d.
Department
of
human
rights.
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e.
Department
of
human
services.
1
f.
c.
Department
of
public
health
and
human
services
.
2
g.
d.
Department
of
workforce
development.
3
h.
e.
Governor’s
office
Office
of
drug
control
policy.
4
i.
f.
Iowa
cooperative
extension
service
in
agriculture
and
5
home
economics.
6
j.
Early
childhood
Iowa
office
in
the
department
of
7
management.
8
Sec.
319.
Section
216A.140,
subsection
8,
paragraphs
b
and
9
c,
Code
2023,
are
amended
to
read
as
follows:
10
b.
The
youth
advisory
council
shall
consist
of
no
more
11
than
twenty-one
youth
ages
fourteen
through
twenty
years
who
12
reside
in
Iowa.
Membership
shall
be
for
two-year
staggered
13
terms.
The
department
director
,
or
the
director’s
designee
,
14
shall
select
council
members
using
an
application
process.
The
15
department
director
or
the
director’s
designee
shall
strive
16
to
maintain
a
diverse
council
membership
and
shall
take
into
17
consideration
race,
ethnicity,
disabilities,
gender,
and
18
geographic
location
of
residence
of
the
applicants.
19
c.
Except
as
otherwise
provided
by
law,
the
youth
advisory
20
council
shall
determine
its
own
rules
of
procedure
and
21
operating
policies,
subject
to
approval
by
the
department
22
director
or
the
director’s
designee.
23
Sec.
320.
Section
216A.141,
subsection
2,
Code
2023,
is
24
amended
to
read
as
follows:
25
2.
“Office”
means
the
office
on
the
status
of
African
26
Americans
of
the
department
of
human
rights
.
27
Sec.
321.
Section
216A.151,
subsection
3,
Code
2023,
is
28
amended
to
read
as
follows:
29
3.
“Office”
means
the
office
of
Asian
and
Pacific
Islander
30
affairs
of
the
department
of
human
rights
.
31
Sec.
322.
Section
216A.161,
subsection
2,
Code
2023,
is
32
amended
to
read
as
follows:
33
2.
“Office”
means
the
office
of
Native
American
affairs
of
34
the
department
of
human
rights
.
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Sec.
323.
Section
216D.2,
subsection
2,
Code
2023,
is
1
amended
to
read
as
follows:
2
2.
“Public
office
building”
means
the
state
capitol,
all
3
county
courthouses,
all
city
halls,
and
all
buildings
used
4
primarily
for
governmental
offices
of
the
state
or
any
county
5
or
city.
It
does
not
include
public
schools
or
buildings
6
at
institutions
of
the
state
board
of
regents
or
the
state
7
department
of
health
and
human
services.
8
Sec.
324.
NEW
SECTION
.
217.01
Definitions.
9
As
used
in
this
chapter,
unless
the
context
otherwise
10
requires:
11
1.
“Council”
means
the
council
on
health
and
human
services.
12
2.
“Department”
means
the
department
of
health
and
human
13
services.
14
3.
“Director”
means
the
director
of
health
and
human
15
services.
16
Sec.
325.
Section
217.1,
Code
2023,
is
amended
to
read
as
17
follows:
18
217.1
Programs
of
department.
19
There
is
established
a
department
of
health
and
human
20
services
to
administer
programs
designed
to
protect
and
improve
21
the
health,
well-being
,
and
productivity
of
the
people
of
22
the
state
of
Iowa.
The
department
shall
concern
itself
with
23
the
problems
of
human
behavior,
adjustment,
and
daily
living
24
through
the
administration
of
programs
of
family,
child,
and
25
adult
welfare,
economic
assistance
including
costs
of
medical
26
care,
rehabilitation
toward
self-care
and
support,
delinquency
27
prevention
and
control,
treatment
and
rehabilitation
of
28
juvenile
offenders,
care
and
treatment
of
persons
with
mental
29
illness
or
an
intellectual
disability,
public
health,
and
other
30
related
programs
as
provided
by
law.
31
Sec.
326.
Section
217.2,
Code
2023,
is
amended
to
read
as
32
follows:
33
217.2
Council
on
health
and
human
services.
34
1.
a.
There
is
created
within
the
department
of
human
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services
a
council
on
health
and
human
services
which
shall
1
act
in
a
policymaking
and
advisory
capacity
on
matters
within
2
the
jurisdiction
of
the
department.
The
council
shall
consist
3
of
seven
nine
voting
members
appointed
by
the
governor
subject
4
to
confirmation
by
the
senate.
Appointments
shall
be
made
5
on
the
basis
of
interest
in
public
affairs,
good
judgment,
6
and
knowledge
and
ability
in
the
field
of
health
and
human
7
services.
Appointments
shall
be
made
to
provide
a
diversity
of
8
interest
and
point
of
view
in
the
membership
and
without
regard
9
to
religious
opinions
or
affiliations.
The
voting
members
of
10
the
council
shall
serve
for
six-year
staggered
terms.
11
b.
Each
term
of
a
voting
member
shall
commence
and
end
as
12
provided
by
section
69.19
.
13
c.
All
voting
members
of
the
council
shall
be
electors
14
of
the
state
of
Iowa.
No
more
than
four
five
members
shall
15
belong
to
the
same
political
party
and
no
more
than
two
three
16
members
shall,
at
the
time
of
appointment,
reside
in
the
same
17
congressional
district.
At
least
one
member
of
the
council
18
shall
be
a
member
of
a
county
board
of
supervisors
at
the
time
19
of
appointment
to
the
council.
At
least
one
member
of
the
20
council
shall
be
a
physician
licensed
to
practice
medicine
in
21
Iowa.
Vacancies
occurring
during
a
term
of
office
shall
be
22
filled
in
the
same
manner
as
the
original
appointment
for
the
23
balance
of
the
unexpired
term
subject
to
confirmation
by
the
24
senate.
25
2.
In
addition
to
the
voting
members
described
in
subsection
26
1
,
the
membership
of
the
council
shall
include
four
legislators
27
as
ex
officio,
nonvoting
members.
The
four
legislators
shall
28
be
appointed
one
each
by
the
majority
leader
of
the
senate,
29
the
minority
leader
of
the
senate,
the
speaker
of
the
house
30
of
representatives,
and
the
minority
leader
of
the
house
of
31
representatives
for
terms
as
provided
in
section
69.16B
.
32
Sec.
327.
Section
217.3,
Code
2023,
is
amended
to
read
as
33
follows:
34
217.3
Duties
of
council.
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The
council
on
human
services
shall:
1
1.
Organize
annually
and
select
a
chairperson
and
vice
2
chairperson.
3
2.
Adopt
and
establish
policy
for
the
operation
and
4
conduct
of
the
department
of
human
services
,
subject
to
any
5
guidelines
which
may
be
adopted
by
the
general
assembly,
and
6
the
implementation
of
all
services
and
programs
thereunder
7
administered
by
the
department
.
8
3.
Report
immediately
to
the
governor
any
failure
by
the
9
director
or
any
administrator
of
the
department
of
human
10
services
to
carry
out
any
of
the
policy
decisions
or
directives
11
of
the
council.
12
4.
Approve
the
budget
of
the
department
of
human
services
13
prior
to
submission
to
the
governor.
Prior
to
approval
of
the
14
budget,
the
council
shall
publicize
and
hold
a
public
hearing
15
to
provide
explanations
and
hear
questions,
opinions,
and
16
suggestions
regarding
the
budget.
Invitations
to
the
hearing
17
shall
be
extended
to
the
governor,
the
governor-elect,
the
18
director
of
the
department
of
management,
and
other
persons
19
deemed
by
the
council
as
integral
to
the
budget
process.
The
20
budget
materials
submitted
to
the
governor
shall
include
a
21
review
of
options
for
revising
the
medical
assistance
program
22
made
available
by
federal
action
or
by
actions
implemented
23
by
other
states
as
identified
by
the
department,
the
medical
24
assistance
advisory
council
created
in
section
249A.4B
,
and
25
by
county
representatives.
The
review
shall
address
what
26
potential
revisions
could
be
made
in
this
state
and
how
the
27
changes
would
be
beneficial
to
Iowans.
28
5.
Insure
that
all
programs
administered
or
services
29
rendered
by
the
department
directly
to
any
citizen
or
through
30
a
local
agency
to
any
citizen
are
coordinated
and
integrated
31
so
that
any
citizen
does
not
receive
a
duplication
of
services
32
from
various
departments
or
local
agencies
that
could
be
33
rendered
by
one
department
or
local
agency.
If
the
council
34
finds
that
such
is
not
the
case,
it
shall
hear
and
determine
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which
department
or
local
agency
shall
provide
the
needed
1
service
or
services
and
enter
an
order
of
their
determination
2
by
resolution
of
the
council
which
must
be
concurred
in
by
3
at
least
a
majority
of
the
members.
Thereafter
such
order
4
or
resolution
of
the
council
shall
be
obeyed
by
all
state
5
departments
and
local
agencies
to
which
it
is
directed.
6
6.
Adopt
all
necessary
rules
recommended
by
the
director
or
7
administrators
of
divisions
hereinafter
established
department
8
prior
to
their
promulgation
pursuant
to
chapter
17A
.
9
7.
Approve
the
establishment
of
any
new
division
or
10
reorganization,
consolidation
or
abolition
of
any
established
11
division
prior
to
the
same
becoming
effective.
12
8.
7.
Recommend
to
the
governor
the
names
of
individuals
13
qualified
for
the
position
of
director
of
human
services
when
a
14
vacancy
exists
in
the
office.
15
Sec.
328.
Section
217.3A,
Code
2023,
is
amended
to
read
as
16
follows:
17
217.3A
Advisory
committees.
18
1.
General.
The
council
on
human
services
shall
establish
19
and
utilize
the
advisory
committee
identified
in
this
section
20
and
may
establish
and
utilize
other
ad
hoc
advisory
committees
21
as
determined
necessary
to
advise
the
council
.
The
council
22
shall
establish
appointment
provisions,
membership
terms,
23
operating
guidelines,
and
other
operational
requirements
for
24
committees
established
pursuant
to
this
section
.
25
2.
Child
abuse
prevention.
The
council
shall
establish
a
26
child
abuse
prevention
program
advisory
committee
to
support
27
the
child
abuse
prevention
program
implemented
in
accordance
28
with
section
235A.1
.
The
duties
of
the
advisory
committee
29
shall
include
all
of
the
following:
30
a.
Advise
the
director
of
human
services
and
the
31
administrator
of
the
division
of
the
department
of
human
32
services
responsible
for
child
and
family
programs
regarding
33
expenditures
of
funds
received
for
the
child
abuse
prevention
34
program.
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b.
Review
the
implementation
and
effectiveness
of
1
legislation
and
administrative
rules
concerning
the
child
abuse
2
prevention
program.
3
c.
Recommend
changes
in
legislation
and
administrative
rules
4
to
the
general
assembly
and
the
appropriate
administrative
5
officials.
6
d.
Require
reports
from
state
agencies
and
other
entities
as
7
necessary
to
perform
its
duties.
8
e.
Receive
and
review
complaints
from
the
public
concerning
9
the
operation
and
management
of
the
child
abuse
prevention
10
program.
11
f.
Approve
grant
proposals.
12
Sec.
329.
Section
217.4,
Code
2023,
is
amended
to
read
as
13
follows:
14
217.4
Meetings
of
council.
15
The
council
shall
meet
at
least
monthly.
Additional
16
meetings
shall
be
called
by
the
chairperson
or
upon
written
17
request
of
any
three
council
members
thereof
as
necessary
to
18
carry
out
the
duties
of
the
council.
The
chairperson
shall
19
preside
at
all
meetings
or
in
the
absence
of
the
chairperson
20
the
vice
chairperson
shall
preside.
The
members
of
the
council
21
shall
be
paid
a
per
diem
as
specified
in
section
7E.6
and
their
22
reasonable
and
necessary
expenses.
23
Sec.
330.
Section
217.5,
Code
2023,
is
amended
to
read
as
24
follows:
25
217.5
Director
of
health
and
human
services.
26
The
chief
administrative
officer
for
the
department
of
human
27
services
is
the
director
of
human
services
.
The
director
shall
28
be
appointed
by
the
governor
subject
to
confirmation
by
the
29
senate
and
shall
serve
at
the
pleasure
of
the
governor.
The
30
governor
shall
fill
a
vacancy
in
this
office
in
the
same
manner
31
as
the
original
appointment
was
made.
The
director
shall
be
32
selected
primarily
for
administrative
ability.
The
director
33
shall
not
be
selected
on
the
basis
of
political
affiliation
34
and
shall
not
engage
in
political
activity
while
holding
this
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position.
1
Sec.
331.
NEW
SECTION
.
217.5A
Attorneys
——
legal
counsel
2
and
advice.
3
Notwithstanding
section
13.7,
the
department
may
employ
or
4
retain
attorneys
to
provide
legal
counsel
and
advice.
However,
5
section
13.7
shall
govern
the
employment
or
retention
of
6
attorneys
by
the
department
to
represent
the
department
in
any
7
action
or
proceeding
brought
in
any
court
or
tribunal.
8
Sec.
332.
Section
217.6,
Code
2023,
is
amended
to
read
as
9
follows:
10
217.6
Rules
and
regulations
——
organization
of
department.
11
1.
The
director
is
hereby
authorized
to
may
recommend
12
to
the
council
for
adoption
such
rules
and
regulations
as
13
are
necessary
to
carry
into
practice
administer
the
duties,
14
functions,
and
programs
of
the
various
divisions
and
to
15
establish
such
divisions
and
to
assign
or
reassign
duties,
16
powers,
and
responsibilities
within
the
department
,
all
with
17
the
approval
of
the
council
on
human
services,
within
the
18
department
as
the
director
deems
necessary
and
appropriate
19
for
the
proper
administration
of
the
duties,
functions
and
20
programs
with
which
the
department
is
charged
.
Any
action
21
taken,
decision
made,
or
administrative
rule
adopted
by
any
22
administrator
of
a
division
may
be
reviewed
by
the
director.
23
The
director,
upon
such
review,
may
affirm,
modify,
or
reverse
24
any
such
action,
decision,
or
rule.
25
2.
The
rules
and
regulations
adopted
for
the
public
benefits
26
and
programs
administered
by
the
department
of
human
services
27
shall
apply
the
residency
eligibility
restrictions
required
by
28
federal
and
state
law.
29
3.
The
director
shall
organize
the
department
of
human
30
services
into
divisions
subunits
as
necessary
to
most
31
efficiently
carry
out
in
an
efficient
manner
the
intent
32
of
this
chapter
and
any
other
chapter
the
department
is
33
responsible
for
administering
.
The
department
of
human
34
services
may
be
initially
divided
into
the
following
divisions
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of
responsibility:
1
a.
The
division
of
child
and
family
services.
2
b.
The
division
of
mental
health
and
disability
services.
3
c.
The
division
of
administration.
4
d.
The
division
of
planning,
research,
and
statistics.
5
4.
If
the
department
of
human
services
requires
or
requests
6
a
service
consumer,
service
provider,
or
other
person
to
7
maintain
required
documentation
in
electronic
form,
the
8
department
shall
accept
such
documentation
submitted
by
9
electronic
means
and
shall
not
require
a
physical
copy
of
the
10
documentation
unless
required
by
state
or
federal
law.
11
Sec.
333.
Section
217.13,
Code
2023,
is
amended
to
read
as
12
follows:
13
217.13
Department
to
provide
certain
volunteer
services
——
14
volunteer
liability.
15
1.
The
department
of
human
services
shall
establish
16
volunteer
programs
designed
to
enhance
the
services
provided
17
by
the
department.
Roles
for
volunteers
may
include
but
shall
18
not
be
limited
to
parent
aides,
friendly
visitors,
commodity
19
distributors,
clerical
assistants,
medical
transporters,
and
20
other
functions
to
complement
and
supplement
the
department’s
21
work
with
clients.
Roles
for
volunteers
shall
include
22
conservators
and
guardians.
The
department
shall
adopt
rules
23
for
programs
which
are
established.
24
2.
a.
The
director
shall
appoint
a
coordinator
of
volunteer
25
services
to
oversee
the
provision
of
services
of
volunteer
26
conservators
and
guardians
on
a
volunteer
basis
to
individuals
27
in
this
state
requiring
such
services.
The
coordinator,
28
after
consulting
with
personnel
assigned
to
the
district
of
29
the
department,
shall
recommend
to
the
director
how
best
to
30
serve
the
needs
of
individuals
in
need
of
the
services
of
a
31
guardian
or
conservator.
Where
possible,
the
coordinator
shall
32
recommend
that
the
services
be
provided
on
a
multicounty
basis.
33
b.
The
coordinator
shall
cooperate
with
the
administrators
34
of
the
divisions
of
the
department
in
providing
these
services
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and
shall
seek
out
alternative
sources
for
providing
the
1
services
required
under
this
section
.
2
3.
All
volunteers
registered
with
the
department
and
3
in
compliance
with
departmental
rules
are
considered
state
4
employees
for
purposes
of
chapter
669
.
However,
this
section
5
does
not
except
a
conservator
or
guardian
from
an
action
6
brought
under
section
658.1A
or
658.3
.
This
section
does
not
7
relieve
a
guardian
or
conservator
from
duties
under
chapter
8
633
.
9
Sec.
334.
Section
217.18,
Code
2023,
is
amended
to
read
as
10
follows:
11
217.18
Official
seal.
12
The
department
shall
have
an
official
seal
with
the
words
13
“Iowa
Department
of
Health
and
Human
Services”
and
such
other
14
design
as
the
department
prescribes
engraved
thereon
on
the
15
seal
.
Every
commission,
order
,
or
other
paper
of
an
official
16
nature
executed
by
the
department
may
be
attested
with
such
the
17
seal.
18
Sec.
335.
Section
217.19,
Code
2023,
is
amended
to
read
as
19
follows:
20
217.19
Expenses.
21
1.
The
director
of
said
department,
and
the
director’s
22
staff,
assistants
,
and
employees
shall,
in
addition
to
salary,
23
receive
their
necessary
traveling
expenses
by
the
nearest
24
traveled
and
practicable
route,
when
engaged
in
the
performance
25
of
official
business.
26
2.
The
department
of
administrative
services
shall
work
27
with
the
department
of
human
services
to
develop
and
implement
28
an
expense
policy
applicable
to
the
members
of
a
board,
29
commission,
committee,
or
other
body
under
the
auspices
of
the
30
department
of
human
services
who
meet
the
income
requirements
31
for
payment
of
per
diem
in
accordance
with
section
7E.6,
32
subsection
2
.
The
policy
shall
allow
for
the
payment
of
33
the
member’s
expenses
to
be
addressed
through
use
of
direct
34
billings,
travel
purchase
card,
prepaid
expenses,
or
other
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alternative
means
of
addressing
the
expenses
in
lieu
of
1
reimbursement
of
the
member.
2
Sec.
336.
Section
217.21,
Code
2023,
is
amended
to
read
as
3
follows:
4
217.21
Annual
report.
5
The
department
shall,
annually,
at
the
time
provided
by
law
6
make
a
report
to
the
governor
and
general
assembly,
and
cover
7
therein
in
the
report
the
annual
period
ending
with
June
30
8
preceding,
which
report
shall
embrace
include
:
9
1.
An
itemized
statement
of
its
the
department’s
10
expenditures
concerning
each
program
under
its
the
department’s
11
administration.
12
2.
Adequate
and
complete
statistical
reports
for
the
13
state
as
a
whole
concerning
all
payments
made
under
its
the
14
department’s
administration.
15
3.
Such
recommendations
as
to
changes
in
laws
under
its
the
16
department’s
administration
as
the
director
may
deem
necessary.
17
4.
The
observations
and
recommendations
of
the
director
and
18
the
council
on
human
services
relative
to
the
programs
of
the
19
department.
20
5.
Such
other
information
as
the
director
or
council
on
21
human
services
may
deem
deems
advisable,
or
which
may
be
22
requested
by
the
governor
or
by
the
general
assembly.
23
Sec.
337.
Section
217.23,
Code
2023,
is
amended
to
read
as
24
follows:
25
217.23
Personnel
——
merit
system
——
reimbursement
for
damaged
26
property.
27
1.
The
director
of
human
services
or
the
director’s
28
designee,
shall
employ
such
personnel
as
are
necessary
for
the
29
performance
of
the
duties
and
responsibilities
assigned
to
30
the
department.
All
employees
shall
be
selected
on
a
basis
31
of
fitness
for
the
work
to
be
performed
with
due
regard
to
32
training
and
experience
and
shall
be
subject
to
the
provisions
33
of
chapter
8A,
subchapter
IV
.
34
2.
The
department
may
expend
moneys
from
the
support
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allocation
of
the
department
as
reimbursement
for
replacement
1
or
repair
of
personal
items
of
the
department’s
employees
2
damaged
or
destroyed
by
clients
of
the
department
during
the
3
employee’s
tour
of
duty.
However,
the
reimbursement
shall
not
4
exceed
three
hundred
dollars
for
each
item.
The
department
5
shall
establish
rules
in
accordance
with
chapter
17A
to
carry
6
out
the
purpose
of
this
section
.
7
Sec.
338.
Section
217.24,
Code
2023,
is
amended
to
read
as
8
follows:
9
217.24
Payment
by
electronic
funds
transfer.
10
The
department
of
human
services
shall
continue
expanding
11
the
practice
of
making
payments
to
program
participants
and
12
vendors
by
means
of
electronic
funds
transfer.
The
department
13
shall
seek
the
capacity
for
making
payment
by
such
means
for
14
all
programs
administered
by
the
department.
15
Sec.
339.
Section
217.32,
Code
2023,
is
amended
to
read
as
16
follows:
17
217.32
Office
space
in
county.
18
Where
When
the
department
of
human
services
assigns
19
personnel
to
an
office
located
in
a
county
for
the
purpose
of
20
performing
in
that
county
designated
eligibility
for
economic
21
and
medical
assistance
programs
and
protective
services
duties
22
and
responsibilities
assigned
by
law
to
the
department,
it
23
shall
be
the
responsibility
of
the
county
to
provide
and
24
maintain
the
necessary
office
space
and
office
supplies
and
25
equipment
for
the
personnel
so
assigned
in
the
same
manner
as
26
if
they
were
employees
of
the
county.
The
department
shall
at
27
least
annually,
or
more
frequently
if
the
department
so
elects,
28
reimburse
the
county
for
a
portion,
designated
by
law,
of
the
29
cost
of
maintaining
office
space
and
providing
supplies
and
30
equipment
as
required
by
this
section
,
and
also
for
a
similar
31
portion
of
the
cost
of
providing
the
necessary
office
space
if
32
in
order
to
do
so
it
is
necessary
for
the
county
to
lease
office
33
space
outside
the
courthouse
or
any
other
building
owned
by
the
34
county.
The
portion
of
the
foregoing
costs
reimbursed
to
the
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county
under
this
section
shall
be
equivalent
to
the
proportion
1
of
those
costs
which
the
federal
government
authorizes
to
be
2
paid
from
available
federal
funds,
unless
the
general
assembly
3
directs
otherwise
when
appropriating
funds
for
support
of
the
4
department.
5
Sec.
340.
Section
217.33,
Code
2023,
is
amended
to
read
as
6
follows:
7
217.33
Legal
services.
8
The
director
of
human
services
pursuant
to
a
state
plan
9
funded
in
part
by
the
federal
government
may
provide
services
10
for
eligible
persons
by
contract
with
nonprofit
legal
aid
11
organizations.
12
Sec.
341.
Section
217.34,
Code
2023,
is
amended
to
read
as
13
follows:
14
217.34
Debt
setoff.
15
The
investigations
division
of
the
department
of
inspections
16
and
appeals
and
the
department
of
human
services
shall
provide
17
assistance
to
set
off
against
a
person’s
or
provider’s
income
18
tax
refund
or
rebate
any
debt
which
has
accrued
through
written
19
contract,
nonpayment
of
premiums
pursuant
to
section
249A.3,
20
subsection
2
,
paragraph
“a”
,
subparagraph
(1),
subrogation,
21
departmental
recoupment
procedures,
or
court
judgment
and
which
22
is
in
the
form
of
a
liquidated
sum
due
and
owing
the
department
23
of
human
services
.
The
department
of
inspections
and
appeals,
24
with
approval
of
the
department
of
human
services
,
shall
adopt
25
rules
under
chapter
17A
necessary
to
assist
the
department
of
26
administrative
services
in
the
implementation
of
the
setoff
27
under
section
8A.504
in
regard
to
money
owed
to
the
state
for
28
public
assistance
overpayments
or
nonpayment
of
premiums
as
29
specified
in
this
section
.
The
department
of
human
services
30
shall
adopt
rules
under
chapter
17A
necessary
to
assist
the
31
department
of
administrative
services
in
the
implementation
of
32
the
setoff
under
section
8A.504
,
in
regard
to
collections
by
33
the
child
support
recovery
unit
services
and
the
foster
care
34
recovery
unit
services
.
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Sec.
342.
Section
217.35,
Code
2023,
is
amended
to
read
as
1
follows:
2
217.35
Fraud
and
recoupment
activities.
3
Notwithstanding
the
requirement
for
deposit
of
recovered
4
moneys
under
section
239B.14
,
recovered
moneys
generated
5
through
fraud
and
recoupment
activities
are
appropriated
to
6
the
department
of
human
services
to
be
used
for
additional
7
fraud
and
recoupment
activities
performed
by
the
department
of
8
human
services
or
the
department
of
inspections
and
appeals.
9
The
department
of
human
services
may
use
the
recovered
10
moneys
appropriated
to
add
not
more
than
five
full-time
11
equivalent
positions,
in
addition
to
those
funded
by
annual
12
appropriations.
The
appropriation
of
the
recovered
moneys
is
13
subject
to
both
of
the
following
conditions:
14
1.
The
director
of
human
services
determines
that
the
15
investment
can
reasonably
be
expected
to
increase
recovery
of
16
assistance
paid
in
error,
due
to
fraudulent
or
nonfraudulent
17
actions,
in
excess
of
the
amount
recovered
in
the
previous
18
fiscal
year.
19
2.
The
amount
expended
for
the
additional
fraud
and
20
recoupment
activities
shall
not
exceed
the
amount
of
the
21
projected
increase
in
assistance
recovered.
22
Sec.
343.
Section
217.36,
Code
2023,
is
amended
to
read
as
23
follows:
24
217.36
Distribution
of
earned
income
tax
credit
information.
25
1.
The
department
shall
ensure
that
educational
materials
26
relating
to
the
federal
and
state
earned
income
tax
credits
27
are
provided
in
accordance
with
this
section
to
each
household
28
receiving
assistance
or
benefits
under:
29
a.
The
hawk-i
Hawki
program
under
chapter
514I
.
30
b.
The
family
investment
program
under
chapter
239B
.
31
c.
The
medical
assistance
Act
program
under
chapter
249A
.
32
d.
The
food
programs
defined
in
section
234.1
which
are
33
administered
by
the
department.
34
e.
Any
other
appropriate
programs
administered
by,
or
under
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the
oversight
of,
the
department
of
human
services
.
1
2.
The
department
shall,
by
mail
or
through
the
internet,
2
provide
a
household
described
in
subsection
1
with
access
to:
3
a.
Internal
revenue
service
publications
relating
to
the
4
federal
earned
income
tax
credit.
5
b.
Department
of
revenue
publications
relating
to
the
state
6
earned
income
tax
credit.
7
c.
Information
prepared
by
tax
preparers
who
provide
8
volunteer
or
free
federal
or
state
income
tax
preparation
9
services
to
low-income
and
other
eligible
persons
and
who
are
10
located
in
close
geographic
proximity
to
the
person.
11
3.
In
January
of
each
year,
the
department
or
a
12
representative
of
the
department
shall
mail
to
each
household
13
described
in
subsection
1
information
about
the
federal
and
14
state
earned
income
tax
credit
that
provides
the
household
with
15
referrals
to
the
resources
described
in
subsection
2
.
16
4.
The
mailings
required
by
the
department
under
this
17
section
do
not
have
to
be
made
as
a
separate
mailing
but
may
18
be
included
in
existing
mailings
being
made
to
the
appropriate
19
households.
20
Sec.
344.
Section
217.40,
Code
2023,
is
amended
to
read
as
21
follows:
22
217.40
Training
for
guardians
and
conservators.
23
The
department
of
human
services
,
or
a
person
designated
24
by
the
director,
shall
establish
training
programs
designed
25
to
assist
all
duly
appointed
guardians
and
conservators
in
26
understanding
their
fiduciary
duties
and
liabilities,
the
27
special
needs
of
the
ward,
and
how
to
best
serve
the
ward
and
28
the
ward’s
interests.
29
Sec.
345.
Section
217.41,
Code
2023,
is
amended
to
read
as
30
follows:
31
217.41
Refugee
services
foundation.
32
1.
The
department
of
human
services
shall
cause
a
refugee
33
services
foundation
to
be
created
for
the
sole
purpose
of
34
engaging
in
refugee
resettlement
activities
to
promote
the
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welfare
and
self-sufficiency
of
refugees
who
live
in
Iowa
and
1
who
are
not
citizens
of
the
United
States.
The
foundation
may
2
establish
an
endowment
fund
to
assist
in
the
financing
of
its
3
activities.
The
foundation
shall
be
incorporated
under
chapter
4
504
.
5
2.
The
foundation
shall
be
created
in
a
manner
so
that
6
donations
and
bequests
to
the
foundation
qualify
as
tax
7
deductible
under
federal
and
state
income
tax
laws.
The
8
foundation
is
not
a
state
agency
and
shall
not
exercise
9
sovereign
power
of
the
state.
The
state
is
not
liable
for
any
10
debts
of
the
foundation.
11
3.
The
refugee
services
foundation
shall
have
a
board
12
of
directors
of
five
members.
One
member
shall
be
appointed
13
by
the
governor
and
four
members
shall
be
appointed
by
the
14
director
of
human
services
.
Members
of
the
board
shall
serve
15
three-year
terms
beginning
on
July
1,
and
ending
on
June
30.
A
16
vacancy
on
the
board
shall
be
filled
in
the
same
manner
as
the
17
original
appointment
for
the
remainder
of
the
term.
Not
more
18
than
two
members
appointed
by
the
director
of
human
services
19
shall
be
of
the
same
gender
or
of
the
same
political
party.
20
4.
The
refugee
services
foundation
may
accept
and
21
administer
trusts
deemed
by
the
board
to
be
beneficial.
22
Notwithstanding
section
633.63
,
the
foundation
may
act
as
23
trustee
of
such
a
trust.
24
Sec.
346.
Section
217.41B,
subsection
1,
Code
2023,
is
25
amended
to
read
as
follows:
26
1.
The
department
of
human
services
shall
discontinue
the
27
Medicaid
family
planning
network
waiver
effective
July
1,
2017,
28
and
shall
instead
establish
a
state
family
planning
services
29
program.
The
state
program
shall
replicate
the
eligibility
30
requirements
and
other
provisions
included
in
the
Medicaid
31
family
planning
network
waiver
as
approved
by
the
centers
for
32
Medicare
and
Medicaid
services
of
the
United
States
department
33
of
health
and
human
services
in
effect
on
June
30,
2017.
34
Sec.
347.
Section
217.41B,
subsection
3,
paragraph
a,
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subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
1
(2)
The
department
of
human
services
shall
adopt
rules
2
pursuant
to
chapter
17A
to
require
that
as
a
condition
of
3
eligibility
as
a
provider
under
the
family
planning
services
4
program,
each
distinct
location
of
a
nonprofit
health
care
5
delivery
system
shall
enroll
in
the
program
as
a
separate
6
provider,
be
assigned
a
distinct
provider
identification
7
number,
and
complete
an
attestation
that
abortions
are
not
8
performed
at
the
distinct
location.
9
Sec.
348.
Section
217.41C,
subsection
1,
paragraph
a,
Code
10
2023,
is
amended
to
read
as
follows:
11
a.
The
department
of
human
services
shall
create
the
more
12
options
for
maternal
support
program,
a
statewide
program
to
13
promote
healthy
pregnancies
and
childbirth
through
nonprofit
14
organizations
that
provide
pregnancy
support
services.
15
Sec.
349.
Section
217.41C,
subsection
3,
unnumbered
16
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
17
The
department
of
human
services
shall
issue
a
request
for
18
proposals
to
select
a
program
administrator
for
the
program.
19
A
program
administrator
shall
meet
all
of
the
following
20
requirements:
21
Sec.
350.
Section
217.41C,
subsections
5
and
6,
Code
2023,
22
are
amended
to
read
as
follows:
23
5.
The
department
of
human
services
shall
publish
the
24
program
administrator
and
subcontractor
criteria
on
the
25
department’s
internet
site.
26
6.
The
department
of
human
services
shall
adopt
rules
27
pursuant
to
chapter
17A
to
administer
the
program,
and
shall
28
provide
technical
assistance
to
the
program
administrator,
29
monitor
the
program
administrator
for
adherence
to
state
and
30
federal
requirements,
and
collect
and
maintain
program
data.
31
Sec.
351.
Section
217.41C,
subsection
7,
unnumbered
32
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
33
Beginning
October
1,
2023,
and
on
or
before
October
34
1
annually
thereafter,
the
department
of
human
services
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shall
submit
to
the
general
assembly
the
following
program
1
information
relative
to
the
prior
fiscal
year:
2
Sec.
352.
Section
217.42,
Code
2023,
is
amended
to
read
as
3
follows:
4
217.42
Service
areas
——
County
offices.
5
1.
The
organizational
structure
to
deliver
the
department’s
6
field
services
shall
be
based
upon
service
areas
designated
by
7
the
department.
The
service
areas
shall
serve
as
a
basis
for
8
providing
field
services
to
persons
residing
in
the
counties
9
comprising
the
service
area.
10
2.
1.
The
department
shall
maintain
an
office
in
each
11
county.
Based
on
the
annual
appropriations
for
field
12
operations,
the
department
shall
strive
to
maintain
a
full-time
13
presence
in
each
county.
If
it
is
not
possible
to
maintain
a
14
full-time
presence
in
each
county,
the
department
shall
provide
15
staff
based
on
its
caseweight
system
to
assure
the
provision
of
16
services.
The
department
shall
consult
with
the
county
boards
17
of
supervisors
of
those
counties
regarding
staffing
prior
to
18
any
modification
of
office
hours.
19
3.
2.
A
county
or
group
of
counties
may
voluntarily
enter
20
into
a
chapter
28E
agreement
with
the
department
to
provide
21
funding
or
staff
persons
to
deliver
field
services
in
county
22
offices.
The
agreement
shall
cover
the
full
fiscal
year
but
23
may
be
revised
by
mutual
consent.
24
Sec.
353.
Section
217.43,
Code
2023,
is
amended
to
read
as
25
follows:
26
217.43
Service
area
County
advisory
boards
——
location
of
27
county
offices.
28
1.
a.
The
department
shall
establish
a
service
area
one
29
or
more
advisory
board
in
each
service
area
boards
.
Each
of
30
the
county
boards
of
supervisors
of
the
counties
comprising
31
the
service
area
shall
appoint
two
service
area
advisory
board
32
members.
All
of
the
following
requirements
apply
to
the
33
appointments
made
by
a
county
board
of
supervisors:
34
(1)
The
membership
shall
be
appointed
in
accordance
with
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section
69.16
,
relating
to
political
affiliation,
and
section
1
69.16A
,
relating
to
gender
balance.
2
(2)
Not
more
than
one
of
the
members
shall
be
a
member
of
3
the
board
of
supervisors.
4
(3)
Appointments
shall
be
made
on
the
basis
of
interest
in
5
maintaining
and
improving
service
delivery.
6
b.
Appointments
shall
be
made
a
part
of
the
regular
7
proceedings
of
the
board
of
supervisors
and
shall
be
filed
with
8
the
county
auditor
and
the
service
area
manager
department
.
A
9
vacancy
on
the
board
shall
be
filled
in
the
same
manner
as
the
10
original
appointment.
11
c.
The
boards
of
supervisors
shall
develop
and
agree
to
12
other
organizational
provisions
involving
the
advisory
board,
13
including
reporting
requirements.
14
2.
The
purpose
of
the
advisory
boards
is
to
improve
15
communication
and
coordination
between
the
department
and
the
16
counties
and
to
advise
the
department
regarding
maintenance
and
17
improvement
of
service
delivery
in
the
counties
and
communities
18
comprising
the
service
areas
.
19
3.
The
department
shall
determine
the
community
in
which
20
each
county
office
will
be
located.
The
county
board
of
21
supervisors
shall
determine
the
location
of
the
office
space
22
for
the
county
office.
The
county
board
of
supervisors
shall
23
make
reasonable
efforts
to
collocate
the
office
with
other
24
state
and
local
government
or
private
entity
offices
in
order
25
to
maintain
the
offices
in
a
cost-effective
location
that
is
26
convenient
to
the
public.
27
Sec.
354.
Section
217.44,
Code
2023,
is
amended
to
read
as
28
follows:
29
217.44
Service
areas
Department
offices
——
employee
and
30
volunteer
record
checks.
31
1.
The
record
check
evaluation
system
of
the
department
32
shall
conduct
criminal
and
child
and
dependent
adult
abuse
33
record
checks
of
persons
who
are
potential
employees,
34
employees,
potential
volunteers,
and
volunteers
in
service
area
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department
offices
in
a
position
having
direct
contact
with
the
1
department’s
clients.
The
record
checks
shall
be
performed
in
2
this
state
and
the
department
record
check
evaluation
system
3
may
conduct
these
checks
in
other
states.
If
the
department
4
record
check
evaluation
system
determines
that
a
person
has
5
been
convicted
of
a
crime
or
has
a
record
of
founded
child
or
6
dependent
adult
abuse,
the
department
record
check
evaluation
7
system
shall
perform
an
evaluation
to
determine
whether
the
8
crime
or
founded
abuse
warrants
prohibition
of
the
person’s
9
employment
or
participation
as
a
volunteer.
The
record
checks
10
and
evaluation
shall
be
performed
in
accordance
with
procedures
11
adopted
for
this
purpose
by
the
department.
12
2.
In
an
evaluation,
the
department
record
check
evaluation
13
system
shall
consider
the
nature
and
seriousness
of
the
crime
14
or
founded
child
or
dependent
adult
abuse
in
relation
to
the
15
position
sought
or
held,
the
time
elapsed
since
the
commission
16
of
the
crime
or
founded
abuse,
the
circumstances
under
which
17
the
crime
or
founded
abuse
was
committed,
the
degree
of
18
rehabilitation,
the
likelihood
that
the
person
will
commit
19
the
crime
or
founded
abuse
again,
and
the
number
of
crimes
or
20
founded
abuses
committed
by
the
person
involved.
21
3.
The
department
record
check
evaluation
system
may
permit
22
a
person
who
is
evaluated
to
be
employed
or
to
participate
as
a
23
volunteer
if
the
person
complies
with
the
department’s
record
24
check
evaluation
system’s
conditions
relating
to
employment
or
25
participation
as
a
volunteer
which
may
include
completion
of
26
additional
training.
27
4.
If
the
department
record
check
evaluation
system
28
determines
that
the
person
has
committed
a
crime
or
has
a
29
record
of
founded
child
or
dependent
adult
abuse
which
warrants
30
prohibition
of
employment
or
participation
as
a
volunteer,
the
31
person
shall
not
be
employed
by
or
participate
as
a
volunteer
32
in
a
department
service
area
office
in
a
position
having
direct
33
contact
with
the
department’s
clients.
34
Sec.
355.
Section
217.45,
subsection
1,
unnumbered
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paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
1
A
background
investigation
may
be
conducted
by
the
2
department
of
human
services
on
all
of
the
following
3
individuals:
4
Sec.
356.
Section
218.1,
Code
2023,
is
amended
to
read
as
5
follows:
6
218.1
Institutions
controlled.
7
The
director
of
human
services
shall
have
the
general
and
8
full
authority
given
under
statute
to
control,
manage,
direct,
9
and
operate
the
following
institutions
under
the
director’s
10
jurisdiction,
and
may
at
the
director’s
discretion
assign
11
the
powers
and
authorities
given
the
director
by
statute
to
12
any
one
of
the
deputy
directors,
division
administrators,
or
13
officers
or
employees
of
the
divisions
of
the
department
of
14
human
services
a
superintendent
:
15
1.
Glenwood
state
resource
center.
16
2.
Woodward
state
resource
center.
17
3.
Mental
health
institute,
Cherokee,
Iowa.
18
4.
Mental
health
institute,
Independence,
Iowa.
19
5.
State
training
school.
20
6.
Iowa
juvenile
home.
21
7.
6.
Other
facilities
not
attached
to
the
campus
of
the
22
main
institution
as
program
developments
require.
23
Sec.
357.
Section
218.2,
Code
2023,
is
amended
to
read
as
24
follows:
25
218.2
Powers
of
governor
——
report
of
abuses.
26
1.
Nothing
contained
in
section
218.1
shall
limit
the
27
general
supervisory
or
examining
powers
vested
in
the
governor
28
by
the
laws
or
Constitution
of
the
State
of
Iowa,
or
legally
29
vested
by
the
governor
in
any
committee
appointed
by
the
30
governor.
31
2.
The
administrator
superintendent
to
whom
primary
32
responsibility
for
a
particular
institution
has
been
assigned
33
shall
make
reports
to
the
director
of
human
services
as
are
34
requested
by
the
director
and
the
director
shall
report,
in
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writing,
to
the
governor
any
abuses
found
to
exist
in
any
of
1
the
institutions.
2
Sec.
358.
Section
218.3,
Code
2023,
is
amended
to
read
as
3
follows:
4
218.3
Definitions.
5
For
the
purposes
of
this
chapter
,
unless
the
context
6
otherwise
requires:
7
1.
“Administrator”
means
the
person
to
whom
the
director
8
of
human
services
has
assigned
power
and
authority
over
an
9
institution
in
accordance
with
section
218.1
.
“Council”
means
10
the
council
on
health
and
human
services.
11
2.
“Department”
means
the
department
of
health
and
human
12
services.
13
3.
“Director”
means
the
director
of
health
and
human
14
services.
15
2.
4.
“Institution”
means
an
institution
listed
in
section
16
218.1
.
17
5.
“Resident”
means
a
person
committed
or
admitted
to
an
18
institution
and
is
synonymous
with
patient,
as
appropriate
to
19
the
institution.
20
6.
“Superintendent”
means
the
person
to
whom
primary
21
responsibility
for
a
particular
institution
has
been
assigned.
22
Sec.
359.
Section
218.4,
Code
2023,
is
amended
to
read
as
23
follows:
24
218.4
Recommendation
for
rules.
25
1.
The
administrators
of
particular
institutions
department
26
shall
recommend
to
the
council
on
human
services
for
adoption
27
such
rules
not
inconsistent
with
law
as
they
may
deem
necessary
28
for
the
discharge
of
their
duties,
the
management
of
each
29
of
such
the
institutions
,
and
the
admission
,
of
residents
30
thereto
and
the
treatment,
care,
custody,
education
and
31
discharge
of
residents.
It
is
made
the
duty
of
the
particular
32
administrators
department
to
establish
rules
by
which
danger
33
to
life
and
property
from
fire
will
be
minimized.
In
the
34
discharge
of
their
duties
and
in
the
enforcement
of
their
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rules,
they
The
department
may
require
any
of
their
appointees
1
to
perform
duties
in
addition
to
those
required
by
statute.
2
2.
Rules
adopted
by
the
council
pursuant
to
chapter
17A
3
shall
be
uniform
and
shall
apply
to
all
institutions
under
the
4
particular
administrator
and
to
all
other
institutions
under
5
the
administrator’s
department’s
jurisdiction.
The
primary
6
rules
for
use
in
institutions
where
persons
with
mental
illness
7
are
served
shall,
unless
otherwise
indicated,
uniformly
apply
8
to
county
or
private
hospitals
in
which
persons
with
mental
9
illness
are
served,
but
the
rules
shall
not
interfere
with
10
proper
medical
treatment
administered
to
patients
such
persons
11
by
competent
physicians.
Annually,
signed
copies
of
the
rules
12
shall
be
sent
to
the
superintendent
of
each
institution
or
13
hospital
under
the
control
or
supervision
of
a
particular
14
administrator
.
Copies
shall
also
be
sent
to
the
clerk
of
each
15
district
court,
the
chairperson
of
the
board
of
supervisors
16
of
each
county
and,
as
appropriate,
to
the
officer
in
charge
17
of
institutions
or
hospitals
caring
for
persons
with
mental
18
illness
in
each
county
who
shall
be
responsible
for
seeing
19
that
the
rules
are
posted
in
each
institution
or
hospital
in
a
20
prominent
place.
The
rules
shall
be
kept
current
to
meet
the
21
public
need
and
shall
be
revised
and
published
annually.
22
3.
The
state
fire
marshal
shall
cause
to
be
made
an
annual
23
inspection
of
all
the
institutions
listed
in
section
218.1
and
24
shall
make
provide
a
written
report
thereof
of
each
inspection
25
to
the
particular
administrator
of
the
state
department
of
26
human
services
in
control
of
such
institution
.
27
Sec.
360.
Section
218.5,
Code
2023,
is
amended
to
read
as
28
follows:
29
218.5
Fire
protection
contracts.
30
The
administrators
shall
have
power
to
department
may
31
enter
into
contracts
with
the
governing
body
of
any
city
or
32
other
municipal
corporation
for
the
protection
from
fire
of
33
any
property
under
the
administrators’
department’s
primary
34
control,
located
in
any
municipal
corporation
or
in
territory
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contiguous
to
the
municipal
corporation,
upon
terms
as
may
be
1
agreed
upon.
2
Sec.
361.
Section
218.6,
Code
2023,
is
amended
to
read
as
3
follows:
4
218.6
Transfer
of
appropriations
made
to
institutions.
5
1.
Notwithstanding
section
8.39,
subsection
1
,
without
the
6
prior
written
consent
and
approval
of
the
governor
and
the
7
director
of
the
department
of
management,
the
director
of
human
8
services
may
transfer
funds
between
the
appropriations
made
for
9
the
institutions,
listed
as
follows:
10
a.
The
state
resource
centers.
11
b.
The
state
mental
health
institutes.
12
c.
The
state
training
school.
13
d.
The
civil
commitment
unit
for
sexual
offenders.
14
2.
The
department
shall
report
any
transfer
made
pursuant
15
to
subsection
1
during
a
fiscal
quarter
to
the
legislative
16
services
agency
within
thirty
days
of
the
beginning
of
the
17
subsequent
fiscal
quarter.
18
Sec.
362.
Section
218.9,
Code
2023,
is
amended
to
read
as
19
follows:
20
218.9
Appointment
of
superintendents.
21
1.
The
administrator
in
charge
of
an
institution,
subject
to
22
the
approval
of
the
director
of
human
services,
shall
appoint
23
the
superintendent
of
the
institution.
The
tenure
of
office
of
24
a
superintendent
shall
be
at
the
pleasure
of
the
administrator
25
director
.
The
administrator
director
may
transfer
a
26
superintendent
or
warden
from
one
institution
to
another.
27
2.
The
superintendent
or
warden
shall
have
immediate
28
custody
and
control,
subject
to
the
orders
and
policies
of
the
29
administrator
in
charge
of
the
institution
director
,
of
all
30
property
used
in
connection
with
the
institution
except
as
31
provided
in
this
chapter
.
32
Sec.
363.
Section
218.10,
Code
2023,
is
amended
to
read
as
33
follows:
34
218.10
Subordinate
officers
and
employees.
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The
administrator
in
charge
of
a
particular
institution,
1
with
the
consent
and
approval
of
the
director
of
human
2
services,
shall
determine
the
number
of
subordinate
officers
3
and
employees
for
the
institution.
Subject
to
this
chapter
,
4
the
officers
and
employees
shall
be
appointed
and
discharged
5
by
the
superintendent
or
business
manager
the
superintendent’s
6
designee
pursuant
to
chapter
8A,
subchapter
IV
.
The
7
superintendent
shall
keep,
in
the
record
of
each
subordinate
8
officer
and
employee,
the
date
of
employment,
the
compensation,
9
and
the
date
of
each
discharge,
and
the
reasons
for
discharge.
10
Sec.
364.
Section
218.12,
Code
2023,
is
amended
to
read
as
11
follows:
12
218.12
Bonds.
13
The
administrator
in
charge
of
any
particular
institution
14
shall
require
each
Each
officer
and
any
employee
of
such
15
administrator
and
of
every
an
institution
under
the
16
administrator’s
control
who
may
be
charged
with
the
custody
17
or
control
of
any
money
or
property
belonging
to
the
state
to
18
give
shall
provide
an
official
bond,
properly
conditioned,
19
and
signed
by
sufficient
sureties
in
a
sum
to
be
fixed
by
20
the
administrator
director
,
which
bond
shall
be
approved
by
21
the
administrator
director
,
and
filed
in
the
office
of
the
22
secretary
of
state.
23
Sec.
365.
Section
218.13,
Code
2023,
is
amended
to
read
as
24
follows:
25
218.13
Record
checks.
26
1.
For
the
purposes
of
this
section
,
unless
the
context
27
otherwise
requires:
28
a.
“Department”
means
the
department
of
human
services.
29
b.
“Institution”
means
an
institution
controlled
by
the
30
department
as
described
in
section
218.1
.
31
c.
“Resident”
means
a
person
committed
or
admitted
to
an
32
institution.
33
2.
1.
If
a
person
is
being
considered
for
employment
34
involving
direct
responsibility
for
a
resident
or
with
access
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to
a
resident
when
the
resident
is
alone,
or
if
a
person
1
will
reside
in
a
facility
utilized
by
an
institution,
and
2
if
the
person
has
been
convicted
of
a
crime
or
has
a
record
3
of
founded
child
or
dependent
adult
abuse,
the
record
check
4
evaluation
system
of
the
department
shall
perform
an
evaluation
5
to
determine
whether
the
crime
or
founded
abuse
warrants
6
prohibition
of
employment
or
residence
in
the
facility.
The
7
department
record
check
evaluation
system
shall
conduct
8
criminal
and
child
and
dependent
adult
abuse
record
checks
of
9
the
person
in
this
state
and
may
conduct
these
checks
in
other
10
states.
The
investigation
and
evaluation
shall
be
performed
11
in
accordance
with
procedures
adopted
for
this
purpose
by
the
12
department.
13
3.
2.
If
the
department
record
check
evaluation
system
14
determines
that
a
person,
who
is
employed
by
an
institution
15
or
resides
in
a
facility
utilized
by
an
institution,
has
16
been
convicted
of
a
crime
or
has
a
record
of
founded
child
17
or
dependent
adult
abuse,
the
department
record
check
18
evaluation
system
shall
perform
an
evaluation
to
determine
19
whether
prohibition
of
the
person’s
employment
or
residence
is
20
warranted.
The
evaluation
shall
be
performed
in
accordance
21
with
procedures
adopted
for
this
purpose
by
the
department.
22
4.
3.
In
an
evaluation,
the
department
record
check
23
evaluation
system
shall
consider
the
nature
and
seriousness
of
24
the
crime
or
founded
child
or
dependent
adult
abuse
in
relation
25
to
the
position
sought
or
held,
the
time
elapsed
since
the
26
commission
of
the
crime
or
founded
abuse,
the
circumstances
27
under
which
the
crime
or
founded
abuse
was
committed,
the
28
degree
of
rehabilitation,
the
likelihood
that
the
person
will
29
commit
the
crime
or
founded
abuse
again,
and
the
number
of
30
crimes
or
founded
abuses
committed
by
the
person
involved.
31
The
department
record
check
evaluation
system
may
permit
32
a
person
who
is
evaluated
to
be
employed
or
reside
or
to
33
continue
employment
or
residence
if
the
person
complies
with
34
the
department’s
record
check
evaluation
system’s
conditions
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relating
to
employment
or
residence
which
may
include
1
completion
of
additional
training.
2
5.
4.
If
the
department
record
check
evaluation
system
3
determines
that
the
person
has
committed
a
crime
or
has
a
4
record
of
founded
child
or
dependent
adult
abuse
which
warrants
5
prohibition
of
employment
or
residence,
the
person
shall
not
6
be
employed
by
an
institution
or
reside
in
a
facility
utilized
7
by
an
institution.
8
Sec.
366.
Section
218.14,
Code
2023,
is
amended
to
read
as
9
follows:
10
218.14
Dwelling
of
superintendent
or
other
employee.
11
1.
The
administrator
having
control
over
an
institution
12
may,
with
consent
of
the
director
of
human
services,
may
13
furnish
the
superintendent
of
the
institution,
in
addition
14
to
salary,
with
a
dwelling
or
with
appropriate
quarters
in
15
lieu
of
the
dwelling,
or
the
administrator
may
compensate
the
16
superintendent
of
the
institution
in
lieu
of
furnishing
a
17
dwelling
or
quarters.
If
the
superintendent
of
the
institution
18
is
furnished
with
a
dwelling
or
quarters,
either
of
which
is
19
owned
by
the
state,
the
superintendent
may
also
be
furnished
20
with
water,
heat,
and
electricity.
21
2.
The
administrator
having
control
over
an
institution
22
director
may
furnish
assistant
superintendents
or
other
23
employees,
or
both,
with
a
dwelling
or
with
appropriate
24
quarters,
owned
by
the
state.
The
assistant
superintendent
or
25
employee,
who
is
so
furnished,
shall
pay
rent
for
the
dwelling
26
or
quarters
in
an
amount
to
be
determined
by
the
superintendent
27
of
the
institution
director
,
which
shall
be
the
fair
market
28
rental
value
of
the
dwelling
or
quarters.
If
an
assistant
29
superintendent
or
employee
is
furnished
with
a
dwelling
or
30
quarters,
either
of
which
is
owned
by
the
state,
the
assistant
31
superintendent
or
employee
may
also
be
furnished
with
water,
32
heat,
and
electricity.
However,
the
furnishing
of
these
33
utilities
shall
be
considered
in
determining
the
fair
market
34
rental
value
of
the
dwelling
or
quarters.
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Sec.
367.
Section
218.15,
Code
2023,
is
amended
to
read
as
1
follows:
2
218.15
Salaries
——
how
paid.
3
The
salaries
and
wages
shall
be
included
in
the
semimonthly
4
payrolls
and
paid
in
the
same
manner
as
other
expenses
of
the
5
several
institutions.
6
Sec.
368.
Section
218.17,
Code
2023,
is
amended
to
read
as
7
follows:
8
218.17
Authorized
leave.
9
Vacations
and
sick
leave
with
pay
as
authorized
in
section
10
70A.1
shall
only
be
taken
at
such
times
as
the
superintendent
11
or
the
business
manager
superintendent’s
designee
in
charge
12
of
an
officer
or
employee,
as
the
case
may
be,
may
direct,
13
and
only
after
written
authorization
by
the
superintendent
or
14
business
manager
the
superintendent’s
designee
,
and
for
the
15
number
of
days
specified
in
the
authorization.
A
copy
of
the
16
authorization
shall
be
attached
to
the
institution’s
copy
of
17
the
payroll
of
the
institution,
for
audit
purposes,
for
the
18
period
during
which
the
vacation
was
taken,
and
the
semimonthly
19
payroll
shall
show
the
number
of
days
the
person
was
absent
20
under
the
authorization.
21
Sec.
369.
Section
218.21,
Code
2023,
is
amended
to
read
as
22
follows:
23
218.21
Record
of
residents.
24
The
administrator
of
the
department
of
human
services
in
25
control
of
a
state
institution
director
shall,
as
to
every
26
person
committed
to
any
of
the
institutions,
keep
the
following
27
record:
28
1.
Name.
29
2.
Residence.
30
3.
Sex.
31
4.
Age.
32
5.
Nativity.
33
6.
Occupation.
34
7.
Civil
condition.
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8.
Date
of
entrance
or
commitment.
1
9.
Date
of
discharge.
2
10.
Whether
a
discharge
was
final.
3
11.
Condition
of
the
person
when
discharged.
4
12.
The
name
of
the
institutions
from
which
and
to
which
5
such
person
has
been
transferred.
6
13.
If
dead
deceased
,
the
date
and
cause
of
the
person’s
7
death.
8
Sec.
370.
Section
218.22,
Code
2023,
is
amended
to
read
as
9
follows:
10
218.22
Record
privileged.
11
Except
with
the
consent
of
the
administrator
in
charge
of
an
12
institution
director
,
or
on
an
order
of
a
court
of
record,
the
13
record
provided
in
section
218.21
shall
be
accessible
only
to
14
the
administrator
of
the
division
of
the
department
of
human
15
services
in
control
of
such
institution,
the
director
of
the
16
department
of
human
services
and
to
assistants
and
proper
17
clerks
authorized
by
such
administrator
or
the
administrator’s
18
the
director.
The
administrator
of
the
division
of
such
19
institution
is
authorized
to
director
may
permit
the
division
20
of
library
services
of
the
department
of
education
and
the
21
historical
division
of
the
department
of
cultural
affairs
to
22
copy
or
reproduce
by
any
photographic,
photostatic,
microfilm,
23
microcard
or
other
process
which
accurately
reproduces
a
24
durable
medium
for
reproducing
the
original
and
to
destroy
25
in
the
manner
described
by
law
such
records
of
residents
26
designated
in
section
218.21
.
27
Sec.
371.
Section
218.23,
Code
2023,
is
amended
to
read
as
28
follows:
29
218.23
Reports
to
administrator
director
.
30
The
superintendent
of
an
institution
shall,
within
ten
31
days
after
the
commitment
or
entrance
of
a
person
to
the
32
institution,
cause
a
true
copy
of
the
person’s
entrance
record
33
to
be
made
and
forwarded
to
the
administrator
in
control
of
34
the
institution
director
or
the
director’s
designee
.
When
a
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patient
or
resident
leaves,
or
is
discharged
,
or
transferred
1
from
,
or
dies
in
an
institution,
the
superintendent
or
person
2
in
charge
shall
within
ten
days
after
that
date
send
the
3
information
to
the
office
of
the
institution’s
administrator
4
director
or
the
director’s
designee
on
forms
which
the
5
administrator
director
prescribes.
6
Sec.
372.
Section
218.24,
Code
2023,
is
amended
to
read
as
7
follows:
8
218.24
Questionable
commitment.
9
The
superintendent
is
required
to
shall
immediately
10
notify
the
administrator
in
control
of
the
superintendent’s
11
particular
institution
director
if
there
is
any
question
as
12
to
the
propriety
of
the
commitment
or
detention
of
any
person
13
received
at
such
an
institution,
and
said
administrator
the
14
director
,
upon
such
notification,
shall
inquire
into
the
matter
15
presented,
and
take
such
proper
action
as
may
be
deemed
proper
16
in
the
premises
.
17
Sec.
373.
Section
218.26,
Code
2023,
is
amended
to
read
as
18
follows:
19
218.26
Religious
worship.
20
Any
such
resident,
during
the
time
of
the
resident’s
21
detention,
shall
be
allowed,
for
at
least
one
hour
on
each
22
Sunday
weekly
and
in
times
of
extreme
sickness,
and
at
such
23
other
suitable
and
reasonable
times
as
is
consistent
with
the
24
resident’s
religious
belief
and
proper
discipline
in
said
25
the
institution,
to
receive
spiritual
advice,
instruction,
26
and
ministration
from
any
recognized
member
of
the
clergy
of
27
the
church
or
denomination
which
represents
the
resident’s
28
religious
belief.
29
Sec.
374.
Section
218.27,
Code
2023,
is
amended
to
read
as
30
follows:
31
218.27
Religious
belief
of
minors.
32
In
case
such
If
a
resident
is
a
minor
and
has
formed
no
33
choice,
the
minor’s
preference
may,
at
any
time,
be
expressed
34
by
the
minor
with
the
approval
of
parents
or
guardian,
if
the
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minor
has
any
such
a
parent
or
guardian
.
1
Sec.
375.
Section
218.28,
Code
2023,
is
amended
to
read
as
2
follows:
3
218.28
Investigation.
4
The
administrator
of
the
department
of
human
services
in
5
control
of
a
particular
institution
or
the
administrator’s
6
authorized
officer
or
employee
director
or
the
director’s
7
designee
shall
visit,
and
minutely
examine,
at
least
once
in
8
six
months,
and
more
often
if
necessary
or
required
by
law,
9
the
institutions
under
such
administrator’s
control,
and
the
10
financial
condition
and
management
thereof
of
the
institutions
.
11
Sec.
376.
Section
218.29,
Code
2023,
is
amended
to
read
as
12
follows:
13
218.29
Scope
of
investigation.
14
The
administrator
of
the
department
of
human
services
in
15
control
of
a
particular
institution
or
the
administrator’s
16
authorized
officer
or
employee
director
or
the
director’s
17
designee
shall,
during
such
investigation
and
as
far
as
18
possible,
see
every
resident
of
each
institution,
especially
19
those
admitted
since
the
director’s
or
the
director’s
20
designee’s
preceding
visit,
and
shall
give
such
residents
as
21
may
require
it,
suitable
opportunity
to
converse
with
such
22
administrator
or
authorized
officer
or
employee
the
director
or
23
the
director’s
designee
apart
from
the
officers
and
attendants.
24
Sec.
377.
Section
218.30,
Code
2023,
is
amended
to
read
as
25
follows:
26
218.30
Investigation
of
other
institutions
facilities
.
27
The
administrators
to
whom
control
of
institutions
has
been
28
assigned,
or
their
authorized
officers
or
employees,
director
29
may
investigate
or
cause
the
investigation
of
charges
of
abuse,
30
neglect,
or
mismanagement
on
the
part
of
an
officer
or
employee
31
of
a
private
institution
facility
which
is
subject
to
the
32
administrator’s
particular
director’s
supervision
or
control.
33
The
administrator
who
has
been
assigned
to
have
authority
over
34
the
state
mental
health
institutes,
or
the
administrator’s
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authorized
officer
or
employee,
director
shall
also
investigate
1
or
cause
the
investigation
of
charges
concerning
county
care
2
facilities
in
which
persons
with
mental
illness
are
served.
3
Sec.
378.
Section
218.31,
Code
2023,
is
amended
to
read
as
4
follows:
5
218.31
Witnesses.
6
In
aid
of
any
investigation
the
administrator
shall
have
7
the
power
to
department
may
summon
and
compel
the
attendance
8
of
witnesses;
to
examine
the
witnesses
under
oath,
which
the
9
administrator
shall
have
power
to
director
or
the
director’s
10
designee
may
administer;
to
have
access
to
all
books,
papers,
11
and
property
material
to
such
investigation;
and
to
order
12
the
production
of
any
other
books
or
papers
material
to
the
13
investigation.
Witnesses
other
than
those
in
the
employ
of
the
14
state
shall
be
entitled
to
the
same
fees
as
in
civil
cases
in
15
the
district
court.
16
Sec.
379.
Section
218.32,
Code
2023,
is
amended
to
read
as
17
follows:
18
218.32
Contempt.
19
Any
person
failing
or
refusing
to
obey
the
orders
of
the
20
administrator
department
issued
under
section
218.31
,
or
to
21
give
or
produce
evidence
when
required,
shall
be
reported
by
22
the
administrator
department
to
the
district
court
in
the
23
county
where
the
offense
occurs,
and
shall
be
dealt
with
by
the
24
court
as
for
contempt
of
court.
25
Sec.
380.
Section
218.33,
Code
2023,
is
amended
to
read
as
26
follows:
27
218.33
Transcript
of
testimony.
28
The
particular
administrator
involved
department
shall
cause
29
the
testimony
taken
at
such
investigation
to
be
transcribed
and
30
filed
in
the
administrator’s
office
at
the
seat
of
government
31
with
the
department
within
ten
days
after
the
same
testimony
32
is
taken,
or
as
soon
thereafter
as
practicable,
and
when
so
33
filed
the
same
testimony
shall
be
open
for
the
inspection
of
34
any
person.
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Sec.
381.
Section
218.41,
Code
2023,
is
amended
to
read
as
1
follows:
2
218.41
Custody.
3
When
a
resident
of
an
institution
is
so
working
outside
the
4
institution
proper,
the
resident
shall
be
deemed
is
at
all
5
times
in
the
actual
custody
of
the
head
superintendent
of
the
6
institution.
7
Sec.
382.
Section
218.42,
Code
2023,
is
amended
to
read
as
8
follows:
9
218.42
Wages
of
residents.
10
If
a
resident
performs
services
for
the
state
at
an
11
institution
listed
in
section
218.1
,
the
administrator
in
12
control
of
the
institution
department
shall
pay
the
resident
13
a
wage
in
accordance
with
federal
wage
and
hour
requirements.
14
However,
the
wage
amount
shall
not
exceed
the
amount
of
the
15
prevailing
wage
paid
in
the
state
for
a
like
service
or
its
16
equivalent.
17
Sec.
383.
Section
218.43,
Code
2023,
is
amended
to
read
as
18
follows:
19
218.43
Deduction
to
pay
court
costs.
20
If
wages
are
paid
to
a
resident
pursuant
to
section
21
218.42
,
the
administrator
in
control
of
an
institution
listed
22
in
section
218.1
department
may
deduct
from
the
wages
an
23
amount
sufficient
to
pay
all
or
a
part
of
the
costs
taxed
24
to
the
resident
by
reason
of
the
resident’s
commitment
to
25
the
institution.
In
such
case
the
amount
so
deducted
shall
26
be
forwarded
to
the
clerk
of
the
district
court
or
proper
27
official.
28
Sec.
384.
Section
218.44,
Code
2023,
is
amended
to
read
as
29
follows:
30
218.44
Wages
paid
to
dependent
——
deposits.
31
If
wages
are
paid
to
a
resident
pursuant
to
section
218.42
,
32
the
administrator
in
control
of
an
institution
listed
in
33
section
218.1
department
may
pay
all
or
any
part
of
the
wages
34
directly
to
any
dependent
of
the
resident.
The
administrator
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department
may
also
deposit
the
wages
to
the
account
of
the
1
resident,
or
may
so
deposit
part
of
the
wages
and
allow
the
2
resident
a
portion
for
the
resident’s
own
personal
use,
or
3
may
pay
to
the
county
of
commitment
all
or
any
part
of
the
4
resident’s
care,
treatment,
or
subsistence
while
at
said
the
5
institution
from
any
credit
balance
accruing
to
the
account
of
6
the
resident.
7
Sec.
385.
Section
218.45,
Code
2023,
is
amended
to
read
as
8
follows:
9
218.45
Conferences.
10
Quarterly
conferences
of
the
superintendents
of
the
11
institutions
shall
be
held
with
the
administrator
in
control
12
of
the
institutions
director
at
Des
Moines
or
at
institutions
13
under
the
administrator’s
director’s
jurisdiction,
for
the
14
consideration
of
all
matters
relative
to
the
management
of
15
the
institutions.
Full
minutes
of
the
conferences
shall
be
16
preserved
in
the
records
of
the
administrator
department
.
17
The
administrator
in
control
director
may
cause
papers
on
18
appropriate
subjects
to
be
prepared
and
read
presented
at
the
19
conferences.
20
Sec.
386.
Section
218.46,
Code
2023,
is
amended
to
read
as
21
follows:
22
218.46
Scientific
investigation.
23
1.
The
administrator
who
is
in
charge
of
an
institution
24
director
shall
encourage
the
scientific
investigation,
on
25
the
part
of
the
superintendent
and
medical
staff
of
the
26
institution,
as
to
the
most
successful
methods
of
institutional
27
management
and
treating
treatment
of
the
persons
committed
to
28
the
institution.
In
addition,
the
administrator
department
29
shall
procure
and
furnish
to
the
superintendent
and
medical
30
staff
information
relative
to
such
management
and
treatment
31
and
,
from
time
to
time,
publish
bulletins
and
reports
of
32
scientific
and
clinical
work
done
in
that
type
of
institution.
33
2.
The
administrators
of
such
state
institutions
are
34
authorized
to
department
may
provide
services
and
facilities
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for
the
scientific
observation,
rechecking,
and
treatment
of
1
persons
with
mental
illness
within
the
state.
Application
by,
2
or
on
behalf
of,
any
person
for
such
services
and
facilities
3
shall
be
made
to
the
administrator
in
charge
of
the
particular
4
institution
involved
and
shall
be
made
director
on
forms
5
furnished
by
such
administrator
the
department
.
The
time
and
6
place
of
admission
of
any
person
to
outpatient
or
clinical
7
services
and
facilities
for
scientific
observation,
rechecking
,
8
and
treatment
and
the
use
of
such
services
and
facilities
for
9
the
benefit
of
persons
who
have
already
been
hospitalized
10
for
psychiatric
evaluation
and
appropriate
treatment
or
11
involuntarily
hospitalized
as
seriously
mentally
ill
shall
12
be
in
accordance
with
rules
and
regulations
adopted
by
the
13
administrator
in
control
of
the
particular
institution
involved
14
department
.
15
Sec.
387.
Section
218.47,
Code
2023,
is
amended
to
read
as
16
follows:
17
218.47
Monthly
report.
18
The
superintendent
or
business
manager
of
each
institution
19
or
the
superintendent’s
designee
shall,
on
the
first
day
of
20
each
month,
account
to
the
administrator
in
control
of
the
21
particular
institution
director
or
the
director’s
designee
for
22
all
state
funds
received
during
the
preceding
month,
and
,
at
23
the
same
time
,
remit
the
accounting
to
the
treasurer
of
state.
24
Sec.
388.
Section
218.48,
Code
2023,
is
amended
to
read
as
25
follows:
26
218.48
Annual
reports.
27
The
superintendent
or
business
manager
of
each
institution
28
or
the
superintendent’s
designee
shall
make
an
annual
report
29
to
the
administrator
in
control
of
the
particular
institution
30
director
and
include
in
the
report
a
detailed
and
accurate
31
inventory
of
the
stock
and
supplies
on
hand,
and
their
amount
32
and
value,
under
the
following
headings:
33
1.
Livestock.
34
2.
Farm
produce
on
hand.
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3.
Vehicles.
1
4.
Agricultural
implements.
2
5.
Machinery.
3
6.
Mechanical
fixtures.
4
7.
Real
estate.
5
8.
Furniture.
6
9.
Bedding
in
residents’
department.
7
10.
State
property
in
superintendent’s
department.
8
11.
Clothing.
9
12.
Dry
goods.
10
13.
Provisions
and
groceries.
11
14.
Drugs
and
medicine.
12
15.
Fuel.
13
16.
Library.
14
17.
All
other
state
property
under
appropriate
headings
15
to
be
determined
by
the
particular
administrator
involved
16
director
.
17
Sec.
389.
Section
218.49,
Code
2023,
is
amended
to
read
as
18
follows:
19
218.49
Contingent
fund.
20
The
administrator
in
control
of
an
institution
director
21
may
permit
the
superintendent
or
the
business
manager
of
22
each
institution
or
the
superintendent’s
designee
to
retain
23
a
stated
amount
of
funds
under
the
superintendent’s
or
24
business
manager’s
superintendent’s
designee’s
supervision
25
as
a
contingent
fund
for
the
payment
of
freight,
postage,
26
commodities
purchased
on
authority
of
the
particular
27
superintendent
or
business
manager
involved
on
a
cash
basis,
28
salaries,
and
bills
granting
discount
for
cash.
29
Sec.
390.
Section
218.50,
Code
2023,
is
amended
to
read
as
30
follows:
31
218.50
Requisition
for
contingent
fund.
32
If
necessary,
the
director
of
the
department
of
human
33
services
shall
make
proper
requisition
upon
the
director
of
34
the
department
of
administrative
services
for
a
warrant
on
the
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state
treasurer
to
secure
the
said
contingent
fund
for
each
1
institution.
2
Sec.
391.
Section
218.51,
Code
2023,
is
amended
to
read
as
3
follows:
4
218.51
Monthly
reports
of
contingent
fund.
5
A
monthly
report
of
the
status
of
such
the
contingent
fund
6
shall
be
submitted
by
the
proper
officer
of
said
superintendent
7
of
each
institution
or
the
superintendent’s
designee
to
8
the
administrator
in
control
of
the
institution
involved
9
and
such
director
or
the
director’s
designee
in
accordance
10
with
applicable
rules
as
such
administrator
may
establish
11
established
by
the
director
.
12
Sec.
392.
Section
218.52,
Code
2023,
is
amended
to
read
as
13
follows:
14
218.52
Supplies
——
competition.
15
The
administrator
in
control
of
a
state
institution
16
department
shall,
in
the
purchase
of
supplies,
afford
all
17
reasonable
opportunity
for
competition,
and
shall
give
18
preference
to
local
dealers
and
Iowa
producers
when
such
can
be
19
done
without
loss
to
the
state.
20
Sec.
393.
Section
218.55,
Code
2023,
is
amended
to
read
as
21
follows:
22
218.55
Purchase
from
an
institution.
23
An
administrator
The
department
may
purchase
supplies
of
24
any
institution
under
the
administrator’s
control,
for
use
in
25
any
other
institution
under
the
administrator’s
control
,
and
26
reasonable
payment
for
the
supplies
shall
be
made
as
in
the
27
case
of
other
purchases.
28
Sec.
394.
Section
218.56,
Code
2023,
is
amended
to
read
as
29
follows:
30
218.56
Purchase
of
supplies
——
vendor
warrants.
31
1.
The
administrators
department
shall
,
from
time
to
time,
32
adopt
and
make
of
record
rules
and
regulations
governing
the
33
purchase
of
all
articles
and
supplies
needed
at
the
various
34
institutions
under
their
control
and
the
form
and
verification
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of
vouchers
for
such
purchases.
1
2.
The
department
of
human
services
shall
mail
vendor
2
warrants
for
the
department
of
corrections.
3
Sec.
395.
Section
218.57,
Code
2023,
is
amended
to
read
as
4
follows:
5
218.57
Combining
appropriations.
6
The
director
of
the
department
of
administrative
services
7
may
combine
the
balances
carried
in
all
specific
appropriations
8
into
a
special
account
for
each
institution
under
the
control
9
of
a
particular
administrator
,
except
that
the
support
fund
for
10
each
institution
shall
be
carried
as
a
separate
account.
11
Sec.
396.
Section
218.58,
Code
2023,
is
amended
to
read
as
12
follows:
13
218.58
Construction,
repair,
and
improvement
projects
——
14
emergencies.
15
The
department
shall
work
with
the
department
of
16
administrative
services
to
accomplish
the
following
17
responsibilities:
18
1.
The
department
shall
prepare
and
submit
to
the
director
19
of
the
department
of
management,
as
provided
in
section
20
8.23
,
a
multiyear
construction
program
including
estimates
of
21
the
expenditure
requirements
for
the
construction,
repair,
22
or
improvement
of
buildings,
grounds,
or
equipment
at
the
23
institutions
listed
in
section
218.1
.
24
2.
The
director
department
shall
have
plans
and
25
specifications
prepared
by
the
department
of
administrative
26
services
for
authorized
construction,
repair,
or
improvement
27
projects
costing
over
the
competitive
bid
threshold
in
section
28
26.3
,
or
as
established
in
section
314.1B
.
An
appropriation
29
for
a
project
shall
not
be
expended
until
the
department
of
30
administrative
services
has
adopted
plans
and
specifications
31
and
has
completed
a
detailed
estimate
of
the
cost
of
the
32
project,
prepared
under
the
supervision
of
a
licensed
architect
33
or
licensed
professional
engineer.
Plans
and
specifications
34
shall
not
be
adopted
and
a
project
shall
not
proceed
if
the
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project
would
require
an
expenditure
of
money
in
excess
of
the
1
appropriation.
2
3.
The
department
of
administrative
services
shall
comply
3
with
the
competitive
bid
procedures
in
chapter
26
to
let
all
4
contracts
under
chapter
8A,
subchapter
III
,
for
authorized
5
construction,
repair,
or
improvement
of
departmental
buildings,
6
grounds,
or
equipment.
7
4.
If
the
director
of
the
department
of
human
services
8
and
the
director
of
the
department
of
administrative
services
9
determine
that
emergency
repairs
or
improvements
estimated
10
to
cost
more
than
the
competitive
bid
threshold
in
section
11
26.3
,
or
as
established
in
section
314.1B
are
necessary
to
12
assure
the
continued
operation
of
a
departmental
institution,
13
the
requirements
of
subsections
2
and
3
for
preparation
14
of
plans
and
specifications
and
competitive
procurement
15
procedures
are
waived.
A
determination
of
necessity
for
16
waiver
by
the
director
of
the
department
of
human
services
17
and
the
director
of
the
department
of
administrative
services
18
shall
be
in
writing
and
shall
be
entered
in
the
project
19
record
for
emergency
repairs
or
improvements.
Emergency
20
repairs
or
improvements
shall
be
accomplished
using
plans
and
21
specifications
and
competitive
quotation
or
bid
procedures,
as
22
applicable,
to
the
greatest
extent
possible,
considering
the
23
necessity
for
rapid
completion
of
the
project.
A
waiver
of
24
the
requirements
of
subsections
2
and
3
does
not
authorize
an
25
expenditure
in
excess
of
an
amount
otherwise
authorized
for
the
26
repair
or
improvement.
27
5.
A
claim
for
payment
relating
to
a
project
shall
be
28
itemized
on
a
voucher
form
pursuant
to
section
8A.514
,
29
certified
by
the
claimant
and
the
architect
or
engineer
30
in
charge,
and
audited
and
approved
by
the
department
of
31
administrative
services.
Upon
approval
by
the
department
of
32
administrative
services,
the
director
of
the
department
of
33
administrative
services
shall
draw
a
warrant
to
be
paid
by
the
34
treasurer
of
state
from
funds
appropriated
for
the
project.
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A
partial
payment
made
before
completion
of
the
project
does
1
not
constitute
final
acceptance
of
the
work
or
a
waiver
of
any
2
defect
in
the
work.
3
6.
Subject
to
the
prior
approval
of
the
administrator
4
in
control
of
a
departmental
institution
director
or
the
5
director’s
designee
,
minor
projects
costing
five
thousand
6
dollars
or
less
may
be
authorized
and
completed
by
the
7
executive
head
superintendent
of
the
institution
through
the
8
use
of
day
labor.
A
contract
is
not
required
if
a
minor
project
9
is
to
be
completed
with
the
use
of
resident
labor.
10
Sec.
397.
Section
218.64,
Code
2023,
is
amended
to
read
as
11
follows:
12
218.64
Investigation
of
death.
13
1.
For
the
purposes
of
this
section
,
unless
the
context
14
otherwise
requires,
“institution”
and
“resident”
mean
the
same
15
as
defined
in
section
218.13
.
16
2.
Upon
the
death
of
a
resident
of
an
institution,
17
the
county
medical
examiner
shall
conduct
a
preliminary
18
investigation
of
the
death
as
provided
in
section
331.802
.
The
19
cost
of
the
preliminary
investigation
shall
be
paid
by
the
20
department
of
human
services
.
21
Sec.
398.
Section
218.65,
Code
2023,
is
amended
to
read
as
22
follows:
23
218.65
Property
of
deceased
resident.
24
The
superintendent
or
business
manager
of
each
institution
25
department
shall,
upon
the
death
of
any
resident
or
patient
,
26
immediately
take
possession
of
all
property
of
the
deceased
27
left
at
the
institution,
and
deliver
the
property
to
the
duly
28
appointed
and
qualified
representative
of
the
deceased.
29
Sec.
399.
Section
218.66,
Code
2023,
is
amended
to
read
as
30
follows:
31
218.66
Property
of
small
value.
32
If
administration
be
is
not
granted
within
one
year
from
33
the
date
of
the
death
of
the
decedent,
and
the
value
of
the
34
estate
of
the
decedent
is
so
small
as
to
make
the
granting
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of
administration
inadvisable,
then
delivery
of
the
money
1
and
other
property
left
by
the
decedent
may
be
made
to
the
2
surviving
spouse
and
heirs
of
the
decedent.
3
Sec.
400.
Section
218.69,
Code
2023,
is
amended
to
read
as
4
follows:
5
218.69
Permanent
record.
6
A
complete
permanent
record
of
the
money
transmitted
to
the
7
treasurer
of
state
under
section
218.68
,
showing
by
whom
and
8
with
whom
it
the
money
was
left,
its
the
amount,
the
date
of
9
the
death
of
the
owner,
the
owner’s
reputed
place
of
residence
10
before
the
owner
became
a
resident
of
the
institution,
the
date
11
on
which
it
the
money
was
transmitted
to
the
state
treasurer,
12
and
any
other
facts
which
may
tend
to
identify
the
intestate
13
and
explain
the
case,
shall
be
kept
by
the
superintendent
14
of
the
institution
or
business
manager,
as
the
case
may
be
15
department
,
and
a
transcript
of
the
record
shall
be
sent
to
,
16
and
kept
by
,
the
treasurer
of
state.
17
Sec.
401.
Section
218.70,
Code
2023,
is
amended
to
read
as
18
follows:
19
218.70
Payment
to
party
entitled.
20
Moneys
transmitted
to
the
treasurer
of
state
under
section
21
218.68
shall
be
paid,
at
any
time
within
ten
years
from
the
22
death
of
the
intestate,
to
any
person
who
is
shown
to
be
23
entitled
thereto
to
the
moneys
.
Payment
shall
be
made
from
the
24
state
treasury
out
of
the
support
fund
of
such
institution
in
25
the
manner
provided
for
the
payment
of
other
claims
from
that
26
fund.
27
Sec.
402.
Section
218.72,
Code
2023,
is
amended
to
read
as
28
follows:
29
218.72
Temporary
quarters
in
emergency.
30
In
case
the
buildings
at
any
institution
under
the
control
of
31
an
administrator
are
destroyed
or
rendered
unfit
for
habitation
32
by
reason
of
fire,
storms,
or
other
like
causes,
to
such
an
33
extent
that
the
residents
cannot
be
housed
and
cared
for,
the
34
administrator
director
shall
make
temporary
provision
for
the
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housing
and
care
of
the
residents
at
some
other
place
in
the
1
state.
Like
provision
may
be
made
in
case
any
pestilence
2
breaks
out
among
the
residents.
The
reasonable
cost
of
the
3
change,
including
transfer
of
residents,
shall
be
paid
from
any
4
moneys
in
the
state
treasury
not
otherwise
appropriated.
5
Sec.
403.
Section
218.78,
Code
2023,
is
amended
to
read
as
6
follows:
7
218.78
Institutional
receipts
deposited.
8
1.
All
institutional
receipts
of
the
department
of
human
9
services
,
including
funds
received
from
client
participation
10
at
the
state
resource
centers
under
section
222.78
and
at
the
11
state
mental
health
institutes
under
section
230.20
,
shall
be
12
deposited
in
the
general
fund
except
for
reimbursements
for
13
services
provided
to
another
institution
or
state
agency,
for
14
receipts
deposited
in
the
revolving
farm
fund
under
section
15
904.706
,
for
deposits
into
the
medical
assistance
fund
under
16
section
249A.11
,
and
for
rentals
charged
to
employees
or
17
others
for
room,
apartment,
or
house
and
meals,
which
shall
be
18
available
to
the
institutions.
19
2.
If
approved
by
the
director
of
human
services
,
the
20
department
may
use
appropriated
funds
for
the
granting
of
21
educational
leave.
22
Sec.
404.
Section
218.83,
Code
2023,
is
amended
to
read
as
23
follows:
24
218.83
Administrative
improvement.
25
The
director
of
human
services
and
the
administrators
26
assigned
to
have
authority
over
the
institutions
shall
27
cooperate
with
any
department
or
agency
of
the
state
government
28
in
any
manner,
including
the
exchange
of
employees,
calculated
29
to
improve
administration
of
the
affairs
of
the
institutions.
30
Sec.
405.
Section
218.84,
Code
2023,
is
amended
to
read
as
31
follows:
32
218.84
Abstracting
claims
and
keeping
accounts.
33
The
director
of
the
department
of
human
services
or
the
34
director’s
designee
shall
have
sole
charge
of
abstracting
and
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certifying
claims
for
payment
and
the
keeping
of
a
central
1
system
of
accounts
in
institutions
under
the
director’s
2
control.
3
Sec.
406.
Section
218.85,
Code
2023,
is
amended
to
read
as
4
follows:
5
218.85
Uniform
system
of
accounts.
6
The
director
of
human
services
through
the
administrators
in
7
control
of
the
institutions
department
shall
install
in
all
the
8
institutions
the
most
modern,
complete,
and
uniform
system
of
9
accounts,
records,
and
reports
possible.
The
system
shall
be
10
prescribed
by
the
director
of
the
department
of
administrative
11
services
as
authorized
in
section
8A.502,
subsection
13
,
and,
12
among
other
matters,
shall
clearly
show
the
detailed
facts
13
relative
to
the
handling
and
uses
of
all
purchases.
14
Sec.
407.
Section
218.86,
Code
2023,
is
amended
to
read
as
15
follows:
16
218.86
Abstract
of
claims.
17
Vouchers
for
expenditures
other
than
salaries
shall
be
18
submitted
to
the
director
of
the
department
of
administrative
19
services,
who
shall
prepare
in
triplicate
an
abstract
of
20
claims
submitted
showing
the
name
of
the
claimant
and
the
21
institutions
and
institutional
fund
on
account
of
which
the
22
payment
is
made.
The
claims
and
abstracts
of
claims
shall
be
23
returned
to
the
director
of
the
department
of
human
services
24
where
the
correctness
of
the
abstracts
shall
be
certified
by
25
the
director
.
The
original
abstract
shall
be
delivered
to
the
26
director
of
the
department
of
administrative
services,
the
27
duplicate
to
be
retained
in
the
office
of
the
director
,
of
the
28
department
of
human
services
and
the
triplicate
forwarded
to
29
the
proper
institution
to
be
retained
as
a
record
of
claims
30
paid.
31
Sec.
408.
Section
218.87,
Code
2023,
is
amended
to
read
as
32
follows:
33
218.87
Warrants
issued
by
director
of
the
department
of
34
administrative
services.
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Upon
such
certificate
the
director
of
the
department
of
1
administrative
services
shall,
if
the
institution
named
has
2
sufficient
funds,
issue
the
director’s
warrants
upon
the
state
3
treasurer,
for
the
amounts
and
to
the
claimants
indicated
4
thereon
on
the
warrants
.
The
director
of
the
department
of
5
administrative
services
shall
deliver
the
warrants
thus
issued
6
to
the
director
of
human
services
department
,
who
will
cause
7
same
the
warrants
to
be
transmitted
to
the
payees
thereof
of
8
the
warrants
.
9
Sec.
409.
Section
218.88,
Code
2023,
is
amended
to
read
as
10
follows:
11
218.88
Institutional
payrolls.
12
At
the
close
of
each
pay
period,
the
superintendent
or
13
business
manager
of
each
institution
shall
prepare
and
forward
14
to
the
director
of
human
services
or
the
director’s
designee
a
15
semimonthly
payroll
which
shall
show
the
name
of
each
officer
16
and
employee,
the
semimonthly
pay,
time
paid
for,
the
amount
of
17
pay,
and
any
deductions.
A
substitute
shall
not
be
permitted
18
to
receive
compensation
in
the
name
of
the
employee
for
whom
19
the
substitute
is
acting.
20
Sec.
410.
Section
218.92,
Code
2023,
is
amended
to
read
as
21
follows:
22
218.92
Patients
Residents
with
dangerous
mental
disturbances.
23
When
a
patient
in
a
state
resource
center
for
persons
with
24
an
intellectual
disability,
a
state
mental
health
institute,
25
or
another
resident
of
an
institution
under
the
administration
26
of
the
department
of
human
services
has
become
so
mentally
27
disturbed
as
to
constitute
a
danger
to
self,
to
other
patients
28
residents
or
staff
of
the
institution,
or
to
the
public,
29
and
the
institution
cannot
provide
adequate
security,
the
30
administrator
in
charge
of
the
institution
director
or
the
31
director’s
designee
,
with
the
consent
of
the
director
of
the
32
Iowa
department
of
corrections,
may
order
the
patient
resident
33
to
be
transferred
to
the
Iowa
medical
and
classification
34
center,
if
the
superintendent
of
the
institution
from
which
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the
patient
resident
is
to
be
transferred,
with
the
support
1
of
a
majority
of
the
medical
staff,
recommends
the
transfer
2
in
the
interest
of
the
patient
resident
,
other
patients
3
residents
,
or
the
public.
If
the
patient
resident
transferred
4
was
hospitalized
pursuant
to
sections
229.6
through
229.15
,
5
the
transfer
shall
be
promptly
reported
to
the
court
that
6
ordered
the
hospitalization
of
the
patient
resident
,
as
7
required
by
section
229.15,
subsection
5
.
The
Iowa
medical
8
and
classification
center
has
the
same
rights,
duties,
and
9
responsibilities
with
respect
to
the
patient
resident
as
the
10
institution
from
which
the
patient
resident
was
transferred
11
had
while
the
patient
was
hospitalized
in
the
institution.
12
The
cost
of
the
transfer
shall
be
paid
from
the
funds
of
the
13
institution
from
which
the
transfer
is
made.
14
Sec.
411.
Section
218.93,
Code
2023,
is
amended
to
read
as
15
follows:
16
218.93
Consultants
for
director
or
administrators
department
.
17
The
director
of
human
services
or
the
administrators
in
18
control
of
the
institutions
are
authorized
to
department
19
may
secure
the
services
of
consultants
to
furnish
advice
on
20
administrative,
professional,
or
technical
problems
to
the
21
director
or
the
administrators
,
their
department
employees,
22
or
employees
of
institutions
under
their
jurisdiction
or
to
23
provide
in-service
training
and
instruction
for
the
employees.
24
The
director
and
administrators
are
authorized
to
department
25
may
pay
the
consultants
at
a
rate
to
be
determined
by
them
the
26
department
from
funds
under
their
the
department’s
control
27
or
from
any
institutional
funding
under
their
the
director’s
28
jurisdiction
as
the
director
or
administrator
may
determine
.
29
Sec.
412.
Section
218.94,
Code
2023,
is
amended
to
read
as
30
follows:
31
218.94
Director
may
buy
and
sell
real
estate
——
options.
32
1.
The
director
of
the
department
of
human
services
33
shall
have
full
power
to
may
secure
options
to
purchase
real
34
estate,
to
acquire
and
sell
real
estate,
and
to
grant
utility
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easements,
for
the
proper
uses
of
said
the
institutions.
1
Real
estate
shall
be
acquired
and
sold
and
utility
easements
2
granted,
upon
such
terms
and
conditions
as
the
director
may
3
determine.
Upon
sale
of
the
real
estate,
the
proceeds
shall
4
be
deposited
with
the
treasurer
of
state
and
credited
to
the
5
general
fund
of
the
state.
There
is
hereby
appropriated
from
6
the
general
fund
of
the
state
a
sum
equal
to
the
proceeds
so
7
deposited
and
credited
to
the
general
fund
of
the
state
to
the
8
department
of
human
services
,
which
may
be
used
to
purchase
9
other
real
estate
or
for
capital
improvements
upon
property
10
under
the
director’s
control.
11
2.
The
costs
incident
to
securing
of
options,
acquisition
12
and
sale
of
real
estate
and
granting
of
utility
easements,
13
including
but
not
limited
to
appraisals,
invitations
for
14
offers,
abstracts,
and
other
necessary
costs,
may
be
paid
15
from
moneys
appropriated
for
support
and
maintenance
to
the
16
institution
at
which
such
the
real
estate
is
located.
Such
17
fund
costs
shall
be
reimbursed
from
the
proceeds
of
the
sale.
18
Sec.
413.
Section
218.95,
Code
2023,
is
amended
to
read
as
19
follows:
20
218.95
Synonymous
terms.
21
1.
For
purposes
of
construing
the
provisions
of
this
and
22
the
following
subtitles
of
this
title
and
chapters
904
,
913
,
23
and
914
relating
to
persons
with
mental
illness
and
reconciling
24
these
provisions
with
other
former
and
present
provisions
of
25
statute,
the
following
terms
shall
be
considered
synonymous:
26
a.
“Mentally
ill”
and
“insane”
,
except
that
the
27
hospitalization
or
detention
of
any
person
for
treatment
28
of
mental
illness
shall
not
constitute
a
finding
or
create
29
a
presumption
that
the
individual
is
legally
insane
in
the
30
absence
of
a
finding
of
incompetence
made
pursuant
to
section
31
229.27
.
32
b.
“Parole”
and
“convalescent
leave”
.
33
c.
“Resident”
and
“patient”
.
34
d.
“Escape”
and
“depart
without
proper
authorization”
.
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e.
“Warrant”
and
“order
of
admission”
.
1
f.
“Escapee”
and
“patient”
.
2
g.
“Sane”
and
“in
good
mental
health”
.
3
h.
“Commitment”
and
“admission”
.
4
2.
It
is
hereby
declared
to
be
the
policy
of
the
general
5
assembly
that
words
which
have
come
to
have
a
degrading
meaning
6
shall
not
be
employed
in
institutional
records
having
reference
7
to
persons
with
various
mental
conditions
and
that
in
all
8
records
pertaining
to
persons
with
various
mental
conditions
9
the
less
discriminatory
of
the
foregoing
synonyms
shall
be
10
employed.
11
Sec.
414.
Section
218.96,
Code
2023,
is
amended
to
read
as
12
follows:
13
218.96
Gifts,
grants
,
and
devises
,
and
bequests
.
14
The
director
of
the
department
of
human
services
is
15
authorized
to
may
accept
gifts,
grants,
devises
,
or
bequests
of
16
real
or
personal
property
from
the
federal
government
or
any
17
source.
The
director
may
exercise
such
powers
with
reference
18
to
the
property
so
accepted
as
may
be
deemed
essential
to
its
19
the
property’s
preservation
and
the
purposes
for
which
given,
20
granted,
devised
,
or
bequeathed.
21
Sec.
415.
Section
218.98,
Code
2023,
is
amended
to
read
as
22
follows:
23
218.98
Canteen
maintained.
24
The
administrators
in
control
of
the
institutions
may
25
maintain
a
A
canteen
may
be
maintained
at
any
institution
26
under
their
jurisdiction
and
control
for
the
sale
to
persons
27
residing
in
the
institution
of
items
including
but
not
limited
28
to
toilet
articles,
candy,
tobacco
products,
notions,
and
other
29
sundries,
and
may
provide
the
necessary
facilities,
equipment,
30
personnel,
and
merchandise
for
such
sale
may
be
provided
.
The
31
administrators
department
shall
specify
what
commodities
will
32
be
sold
in
the
canteen.
The
department
may
establish
and
33
maintain
a
permanent
operating
fund
for
each
canteen.
The
fund
34
shall
consist
of
the
receipts
from
the
sale
of
commodities
at
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the
canteen.
1
Sec.
416.
Section
218.99,
Code
2023,
is
amended
to
read
as
2
follows:
3
218.99
Counties
to
be
notified
of
patients’
personal
4
accounts.
5
The
administrator
in
control
of
a
state
institution
shall
6
direct
the
business
manager
superintendent
of
each
institution
7
under
the
administrator’s
jurisdiction
which
is
mentioned
8
facility
specified
in
section
331.424,
subsection
1
,
paragraph
9
“a”
,
subparagraphs
(1)
and
(2),
and
for
which
services
are
paid
10
by
the
county
of
residence
or
a
mental
health
and
disability
11
services
region,
to
shall
quarterly
inform
the
county
of
12
residence
of
any
patient
or
resident
person
committed
or
13
admitted
to
the
facility
who
has
an
amount
in
excess
of
two
14
hundred
dollars
on
account
in
the
patients’
person’s
personal
15
deposit
fund
and
the
amount
on
deposit.
The
administrators
16
shall
direct
the
business
manager
to
superintendent
shall
17
further
notify
the
county
of
residence
at
least
fifteen
days
18
before
the
release
of
funds
in
excess
of
two
hundred
dollars
19
or
upon
the
death
of
the
patient
or
resident
person
.
If
the
20
patient
or
resident
person
has
no
residency
in
this
state
or
21
the
person’s
residency
is
unknown,
notice
shall
be
made
to
the
22
director
of
human
services
and
the
administrator
in
control
of
23
the
institution
involved
department
.
24
Sec.
417.
Section
218.100,
Code
2023,
is
amended
to
read
as
25
follows:
26
218.100
Central
warehouse
and
supply
depot.
27
The
department
of
human
services
shall
establish
a
fund
for
28
maintaining
and
operating
a
central
warehouse
as
a
supply
depot
29
and
distribution
facility
for
surplus
government
products,
30
carload
canned
goods,
paper
products,
other
staples,
and
such
31
other
items
as
determined
by
the
department.
The
fund
shall
be
32
permanent
and
shall
be
composed
of
the
receipts
from
the
sales
33
of
merchandise,
recovery
of
handling,
operating
and
delivery
34
charges
of
such
merchandise,
and
from
the
funds
contributed
by
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the
institutions
now
in
a
contingent
fund
being
used
for
this
1
purpose.
All
claims
for
purchases
of
merchandise,
operating,
2
and
salary
expenses
shall
be
subject
to
the
provisions
of
3
sections
218.86
,
218.87
,
and
218.88
.
4
Sec.
418.
Section
221.2,
Code
2023,
is
amended
to
read
as
5
follows:
6
221.2
Administrator
Compact
administrator
.
7
Pursuant
to
the
compact,
the
administrator
of
the
division
8
of
mental
health
and
disability
services
The
director
of
9
the
department
of
health
and
human
services
shall
be
the
10
designate
a
compact
administrator.
The
compact
administrator
11
may
cooperate
with
all
departments,
agencies,
and
officers
of
12
this
state
and
its
subdivisions
in
facilitating
the
proper
13
administration
of
the
compact
and
of
any
supplementary
14
agreement
entered
into
by
this
state
under
the
compact.
15
Sec.
419.
Section
221.4,
Code
2023,
is
amended
to
read
as
16
follows:
17
221.4
Payments.
18
The
compact
administrator
,
subject
to
the
approval
of
the
19
director
of
the
department
of
human
services,
may
make
or
20
arrange
for
any
payments
necessary
to
discharge
any
financial
21
obligations
imposed
upon
this
state
by
the
compact
or
by
any
22
supplementary
agreement
entered
into
thereunder
under
the
23
compact
.
24
Sec.
420.
Section
222.1,
subsection
2,
Code
2023,
is
amended
25
to
read
as
follows:
26
2.
The
Glenwood
state
resource
center
and
the
Woodward
27
state
resource
center
are
established
and
shall
be
maintained
28
as
the
state’s
regional
resource
centers
for
the
purpose
of
29
providing
treatment,
training,
instruction,
care,
habilitation,
30
and
support
of
persons
with
an
intellectual
disability
or
other
31
disabilities
in
this
state,
and
providing
facilities,
services,
32
and
other
support
to
the
communities
located
in
the
region
33
being
served
by
a
state
resource
center.
In
addition,
the
34
state
resource
centers
are
encouraged
to
serve
as
a
training
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resource
for
community-based
program
staff,
medical
students,
1
and
other
participants
in
professional
education
programs.
A
2
resource
center
may
request
the
approval
of
the
council
on
3
human
services
to
change
the
name
of
the
resource
center
for
4
use
in
communication
with
the
public,
in
signage,
and
in
other
5
forms
of
communication.
6
Sec.
421.
Section
222.2,
Code
2023,
is
amended
to
read
as
7
follows:
8
222.2
Definitions.
9
When
used
in
this
chapter
,
unless
the
context
otherwise
10
requires:
11
1.
“Administrator”
means
the
person
assigned
by
the
director
12
of
human
services,
in
accordance
with
section
218.1
,
to
control
13
the
state
resource
centers.
14
2.
1.
“Auditor”
means
the
county
auditor
or
the
auditor’s
15
designee.
16
2.
“Council”
means
the
council
on
health
and
human
services.
17
3.
“Department”
means
the
department
of
health
and
human
18
services.
19
4.
“Director”
means
the
director
of
health
and
human
20
services.
21
4.
5.
“Intellectual
disability”
means
the
same
as
defined
22
in
section
4.1
.
23
5.
6.
“Mental
health
and
disability
services
region”
means
24
a
mental
health
and
disability
services
region
formed
in
25
accordance
with
section
331.389
.
26
6.
7.
“Regional
administrator”
means
the
regional
27
administrator
of
a
mental
health
and
disability
services
28
region,
as
defined
in
section
331.388
.
29
7.
8.
“Special
unit”
means
a
special
intellectual
30
disability
unit
established
at
a
state
mental
health
institute
31
pursuant
to
sections
222.88
through
222.91
.
32
8.
9.
“State
resource
centers”
or
“resource
centers”
means
33
the
Glenwood
state
resource
center
and
the
Woodward
state
34
resource
center.
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9.
10.
“Superintendents”
means
the
superintendents
of
the
1
state
resource
centers.
2
Sec.
422.
Section
222.3,
Code
2023,
is
amended
to
read
as
3
follows:
4
222.3
Superintendents.
5
The
administrator
director
shall
appoint
a
qualified
6
superintendent
for
each
of
the
resource
centers
who
shall
7
receive
such
salary
as
the
administrator
director
shall
8
determine.
9
Sec.
423.
Section
222.4,
Code
2023,
is
amended
to
read
as
10
follows:
11
222.4
Duties
of
superintendents
.
12
The
superintendents
shall:
13
1.
Perform
all
duties
required
by
law
and
by
the
14
administrator
director
not
inconsistent
with
law.
15
2.
Oversee
and
insure
individual
treatment
and
professional
16
care
of
each
patient
in
the
resource
centers.
17
3.
Maintain
a
full
and
complete
record
of
the
condition
of
18
each
patient
in
the
resource
centers.
19
4.
Have
custody,
control,
and
management
of
all
patients
in
20
such
manner
as
deemed
best
subject
to
the
regulations
of
the
21
administrator
department
.
22
Sec.
424.
Section
222.5,
Code
2023,
is
amended
to
read
as
23
follows:
24
222.5
Preadmission
diagnostic
evaluation.
25
No
A
person
shall
not
be
eligible
for
admission
to
a
resource
26
center
or
a
special
unit
until
a
preadmission
diagnostic
27
evaluation
has
been
made
by
a
resource
center
or
a
special
unit
28
which
confirms
or
establishes
the
need
for
admission.
29
Sec.
425.
Section
222.7,
Code
2023,
is
amended
to
read
as
30
follows:
31
222.7
Transfers.
32
The
administrator
department
may
transfer
patients
from
one
33
state
resource
center
to
the
other
and
may
at
any
time
transfer
34
patients
from
the
resource
centers
to
the
hospitals
for
persons
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with
mental
illness,
or
transfer
patients
in
the
resource
1
centers
to
a
special
unit
or
vice
versa.
The
administrator
2
department
may
also
transfer
patients
from
a
hospital
for
3
persons
with
mental
illness
to
a
resource
center
if
consent
is
4
given
or
obtained
as
follows
:
5
1.
In
the
case
of
a
patient
who
entered
the
hospital
for
6
persons
with
mental
illness
voluntarily,
consent
is
given
in
7
advance
by
the
patient
or,
if
the
patient
is
a
minor
or
is
8
incompetent,
the
person
responsible
for
the
patient.
9
2.
In
the
case
of
a
patient
hospitalized
pursuant
to
10
sections
229.6
through
229.15
,
the
consent
of
the
court
which
11
hospitalized
the
patient
is
obtained
in
advance,
rather
than
12
afterward
as
otherwise
permitted
by
section
229.15,
subsection
13
4
.
14
Sec.
426.
Section
222.8,
Code
2023,
is
amended
to
read
as
15
follows:
16
222.8
Communications
by
patients.
17
Persons
admitted
to
the
resource
centers
or
a
special
18
unit
shall
have
all
reasonable
opportunity
and
facility
for
19
communication
with
their
friends.
Such
persons
shall
be
20
permitted
to
write
and
send
letters,
provided
the
letters
21
contain
nothing
of
an
offensive
character.
Letters
written
by
22
any
patient
to
the
administrator
director
or
to
any
state
or
23
county
official
shall
be
forwarded
unopened.
24
Sec.
427.
Section
222.10,
Code
2023,
is
amended
to
read
as
25
follows:
26
222.10
Duty
of
peace
officer.
27
When
any
person
with
an
intellectual
disability
departs
28
without
proper
authority
from
an
institution
a
facility
in
29
another
state
and
is
found
in
this
state,
any
peace
officer
in
30
any
county
in
which
such
patient
is
found
may
take
and
detain
31
the
patient
without
warrant
or
order
and
shall
report
such
32
detention
to
the
administrator
department
.
The
administrator
33
department
shall
provide
for
the
return
of
the
patient
to
the
34
authorities
in
the
state
from
which
the
unauthorized
departure
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was
made.
Pending
return,
such
patient
may
be
detained
1
temporarily
at
one
of
the
institutions
of
this
state
governed
2
by
the
administrator
or
by
the
administrator
of
the
division
of
3
child
and
family
services
of
the
department
of
human
services
4
department
.
The
provisions
of
this
section
relating
to
the
5
administrator
department
shall
also
apply
to
the
return
of
6
other
nonresident
persons
with
an
intellectual
disability
7
having
legal
residency
outside
the
state
of
Iowa.
8
Sec.
428.
Section
222.11,
Code
2023,
is
amended
to
read
as
9
follows:
10
222.11
Expense.
11
All
actual
and
necessary
expenses
incurred
in
the
taking
12
into
protective
custody,
restraint,
and
transportation
of
such
13
patients
to
the
resource
centers
shall
be
paid
on
itemized
14
vouchers,
sworn
to
by
the
claimants,
and
approved
by
the
15
superintendent
and
the
administrator
director
from
any
moneys
16
in
the
state
treasury
not
otherwise
appropriated.
17
Sec.
429.
Section
222.13,
subsection
2,
Code
2023,
is
18
amended
to
read
as
follows:
19
2.
If
the
resource
center
does
not
have
an
appropriate
20
program
for
the
treatment
of
an
adult
or
minor
person
with
an
21
intellectual
disability
applying
under
this
section
or
section
22
222.13A
,
the
regional
administrator
for
the
person’s
county
of
23
residence
or
the
department,
as
applicable,
shall
arrange
for
24
the
placement
of
the
person
in
any
public
or
private
facility
25
within
or
without
the
state,
approved
by
the
director
of
human
26
services
,
which
offers
appropriate
services
for
the
person.
27
If
the
expenses
of
the
placement
are
payable
in
whole
or
in
28
part
by
a
county,
the
placement
shall
be
made
by
the
regional
29
administrator
for
the
county.
30
Sec.
430.
Section
222.13A,
subsection
1,
Code
2023,
is
31
amended
to
read
as
follows:
32
1.
If
a
minor
is
believed
to
be
a
person
with
an
33
intellectual
disability,
the
minor’s
parent,
guardian,
or
34
custodian
may
apply
to
the
department
for
admission
of
the
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minor
as
a
voluntary
patient
in
a
state
resource
center.
If
1
the
resource
center
does
not
have
appropriate
services
for
the
2
minor’s
treatment,
the
department
may
arrange
for
the
admission
3
of
the
minor
in
a
public
or
private
facility
within
or
without
4
the
state,
approved
by
the
director
of
human
services
,
which
5
offers
appropriate
services
for
the
minor’s
treatment.
6
Sec.
431.
Section
222.60,
subsection
1,
unnumbered
7
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
8
All
necessary
and
legal
expenses
for
the
cost
of
admission
or
9
for
the
treatment,
training,
instruction,
care,
habilitation,
10
support,
and
transportation
of
persons
with
an
intellectual
11
disability,
as
provided
for
in
the
applicable
regional
service
12
system
management
plan
implemented
pursuant
to
section
331.393
13
in
a
state
resource
center,
or
in
a
special
unit,
or
any
public
14
or
private
facility
within
or
without
the
state,
approved
by
15
the
director
of
human
services
,
shall
be
paid
by
either:
16
Sec.
432.
Section
222.64,
Code
2023,
is
amended
to
read
as
17
follows:
18
222.64
Foreign
state
or
country
or
unknown
residency.
19
If
the
residency
of
the
person
is
determined
by
a
regional
20
administrator
on
behalf
of
a
county
or
by
the
state
to
be
in
21
a
foreign
state
or
country
or
is
determined
to
be
unknown,
22
the
regional
administrator
or
the
state
shall
certify
the
23
determination.
The
certification
shall
be
accompanied
by
a
24
copy
of
the
evidence
supporting
the
determination.
The
care
of
25
the
person
shall
be
as
arranged
by
the
regional
administrator
26
or
the
state.
Application
for
admission
may
be
made
pending
27
investigation
by
the
administrator
department
.
28
Sec.
433.
Section
222.65,
Code
2023,
is
amended
to
read
as
29
follows:
30
222.65
Investigation.
31
If
an
application
is
made
for
placement
of
a
person
in
32
a
state
resource
center
or
special
unit,
the
department’s
33
administrator
department
shall
immediately
investigate
the
34
residency
of
the
person
and
proceed
as
follows:
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1.
If
the
administrator
department
concurs
with
a
certified
1
determination
as
to
residency
of
the
person
in
another
state
2
or
in
a
foreign
country,
or
the
person’s
residence
is
unknown
3
under
section
222.60
,
the
administrator
department
shall
cause
4
the
person
either
to
be
transferred
to
a
resource
center
or
5
a
special
unit
or
to
be
transferred
to
the
place
of
foreign
6
residency.
7
2.
If
the
administrator
department
disputes
a
certified
8
determination
of
residency,
the
administrator
department
shall
9
order
the
person
transferred
to
a
state
resource
center
or
a
10
special
unit
until
the
dispute
is
resolved.
11
3.
If
the
administrator
department
disputes
a
certified
12
determination
of
residency,
the
administrator
department
shall
13
utilize
the
procedure
provided
in
section
331.394
to
resolve
14
the
dispute.
A
determination
of
the
person’s
residency
status
15
made
pursuant
to
section
331.394
is
conclusive.
16
Sec.
434.
Section
222.66,
Code
2023,
is
amended
to
read
as
17
follows:
18
222.66
Transfers
——
no
residency
in
state
or
residency
19
unknown
——
expenses.
20
The
transfer
to
a
resource
center
or
a
special
unit
or
to
the
21
place
of
residency
of
a
person
with
an
intellectual
disability
22
who
has
no
residence
in
this
state
or
whose
residency
is
23
unknown,
shall
be
made
in
accordance
with
such
directions
as
24
shall
be
prescribed
by
the
administrator
director
and
when
25
practicable
by
employees
of
the
state
resource
center
or
the
26
special
unit.
The
actual
and
necessary
expenses
of
such
27
transfers
shall
be
paid
by
the
department
on
itemized
vouchers
28
sworn
to
by
the
claimants
and
approved
by
the
administrator
29
director
and
the
approved
amount
is
appropriated
to
the
30
department
from
any
funds
in
the
state
treasury
not
otherwise
31
appropriated.
32
Sec.
435.
Section
222.67,
Code
2023,
is
amended
to
read
as
33
follows:
34
222.67
Charge
on
finding
of
residency.
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If
a
person
has
been
received
into
a
resource
center
or
a
1
special
unit
as
a
patient
whose
residency
is
unknown
and
the
2
administrator
director
determines
that
the
residency
of
the
3
patient
was
at
the
time
of
admission
in
a
county
of
this
state,
4
the
administrator
director
shall
certify
the
determination
and
5
charge
all
legal
costs
and
expenses
pertaining
to
the
admission
6
and
support
of
the
patient
to
the
county
of
residence.
The
7
certification
shall
be
sent
to
the
county
of
residence.
The
8
certification
shall
be
accompanied
by
a
copy
of
the
evidence
9
supporting
the
determination.
If
the
person’s
residency
status
10
has
been
determined
in
accordance
with
section
331.394
,
the
11
legal
costs
and
expenses
shall
be
charged
to
the
county
in
12
accordance
with
that
determination.
The
costs
and
expenses
13
shall
be
collected
as
provided
by
law
in
other
cases.
14
Sec.
436.
Section
222.69,
Code
2023,
is
amended
to
read
as
15
follows:
16
222.69
Payment
by
state.
17
The
amount
necessary
to
pay
the
necessary
and
legal
expenses
18
of
admission
of
a
person
to
a
resource
center
or
a
special
unit
19
when
the
person’s
residence
is
outside
this
state
or
is
unknown
20
is
appropriated
to
the
department
from
any
moneys
in
the
state
21
treasury
not
otherwise
appropriated.
Such
payments
shall
be
22
made
by
the
department
on
itemized
vouchers
executed
by
the
23
auditor
of
the
county
from
which
the
expenses
have
been
paid
24
and
approved
by
the
administrator
director
or
the
director’s
25
designee
.
26
Sec.
437.
Section
222.73,
subsection
5,
Code
2023,
is
27
amended
to
read
as
follows:
28
5.
A
superintendent
of
a
resource
center
or
special
unit
29
may
request
that
the
director
of
human
services
enter
into
a
30
contract
with
a
person
for
the
resource
center
or
special
unit
31
to
provide
consultation
or
treatment
services
or
for
fulfilling
32
other
purposes
which
are
consistent
with
the
purposes
stated
in
33
section
222.1
.
The
contract
provisions
shall
include
charges
34
which
reflect
the
actual
cost
of
providing
the
services.
Any
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income
from
a
contract
authorized
under
this
subsection
may
1
be
retained
by
the
resource
center
or
special
unit
to
defray
2
the
costs
of
providing
the
services
or
fulfilling
the
other
3
purposes.
Except
for
a
contract
voluntarily
entered
into
by
a
4
county
under
this
subsection
,
the
costs
or
income
associated
5
with
a
contract
authorized
under
this
subsection
shall
not
6
be
considered
in
computing
charges
and
per
diem
costs
in
7
accordance
with
the
provisions
of
subsections
1
through
4
.
8
Sec.
438.
Section
222.78,
Code
2023,
is
amended
to
read
as
9
follows:
10
222.78
Parents
and
others
liable
for
support.
11
1.
The
father
and
mother
of
any
patient
admitted
to
a
12
resource
center
or
to
a
special
unit,
as
either
an
inpatient
13
or
an
outpatient,
and
any
person,
firm,
or
corporation
bound
14
by
contract
made
for
support
of
the
patient
are
liable
for
the
15
support
of
the
patient.
The
patient
and
those
legally
bound
16
for
the
support
of
the
patient
shall
be
liable
to
the
county
or
17
state,
as
applicable,
for
all
sums
advanced
in
accordance
with
18
the
provisions
of
sections
222.60
and
222.77
.
19
2.
The
liability
of
any
person,
other
than
the
patient,
20
who
is
legally
bound
for
the
support
of
a
patient
who
is
21
under
eighteen
years
of
age
in
a
resource
center
or
a
special
22
unit
shall
not
exceed
the
average
minimum
cost
of
the
care
23
of
a
normally
intelligent
minor
without
a
an
intellectual
24
disability
of
the
same
age
and
sex
as
the
minor
patient.
The
25
administrator
department
shall
establish
the
scale
for
this
26
purpose
but
the
scale
shall
not
exceed
the
standards
for
27
personal
allowances
established
by
the
state
division
under
28
the
family
investment
program.
The
father
or
mother
shall
29
incur
liability
only
during
any
period
when
the
father
or
30
mother
either
individually
or
jointly
receive
a
net
income
31
from
whatever
source,
commensurate
with
that
upon
which
they
32
would
be
liable
to
make
an
income
tax
payment
to
this
state.
33
The
father
or
mother
of
a
patient
shall
not
be
liable
for
the
34
support
of
the
patient
upon
the
patient
attaining
eighteen
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years
of
age.
Nothing
in
this
section
shall
be
construed
to
1
prevent
a
relative
or
other
person
from
voluntarily
paying
the
2
full
actual
cost
as
established
by
the
administrator
department
3
for
caring
for
the
patient
with
an
intellectual
disability.
4
Sec.
439.
Section
222.84,
Code
2023,
is
amended
to
read
as
5
follows:
6
222.84
Patients’
personal
deposit
fund.
7
There
is
hereby
established
at
each
resource
center
and
8
special
unit
a
fund
which
shall
be
known
as
the
“
patients’
9
personal
deposit
fund
”;
provided
that
in
.
In
the
case
of
10
a
special
unit,
the
director
may
direct
that
the
patients’
11
personal
deposit
fund
be
maintained
and
administered
as
a
part
12
of
the
fund
established,
pursuant
to
sections
226.43
through
13
226.46
,
by
the
state
mental
health
institute
where
the
special
14
unit
is
located.
15
Sec.
440.
Section
222.86,
Code
2023,
is
amended
to
read
as
16
follows:
17
222.86
Payment
for
care
from
fund.
18
If
a
patient
is
not
receiving
medical
assistance
under
19
chapter
249A
and
the
amount
in
the
account
of
any
patient
20
in
the
patients’
personal
deposit
fund
exceeds
two
hundred
21
dollars,
the
business
manager
of
the
resource
center
or
special
22
unit
department
may
apply
any
amount
of
the
excess
to
reimburse
23
the
county
of
residence
or
the
state
for
liability
incurred
by
24
the
county
or
the
state
for
the
payment
of
care,
support,
and
25
maintenance
of
the
patient,
when
billed
by
the
county
or
state,
26
as
applicable.
27
Sec.
441.
Section
222.87,
Code
2023,
is
amended
to
read
as
28
follows:
29
222.87
Deposit
in
bank.
30
The
business
manager
department
shall
deposit
the
patients’
31
personal
deposit
fund
in
a
commercial
account
of
a
bank
of
32
reputable
standing.
When
deposits
in
the
commercial
account
33
exceed
average
monthly
withdrawals,
the
business
manager
34
department
may
deposit
the
excess
at
interest.
The
savings
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account
shall
be
in
the
name
of
the
patients’
personal
deposit
1
fund
and
interest
paid
thereon
on
the
account
may
be
used
for
2
recreational
purposes
for
the
patients
at
the
resource
center
3
or
special
unit.
4
Sec.
442.
Section
222.88,
Code
2023,
is
amended
to
read
as
5
follows:
6
222.88
Special
intellectual
disability
unit.
7
The
director
of
human
services
may
organize
and
establish
a
8
special
intellectual
disability
unit
at
an
existing
institution
9
which
may
provide:
10
1.
Psychiatric
and
related
services
to
children
with
an
11
intellectual
disability
and
adults
who
are
also
emotionally
12
disturbed
with
an
emotional
disturbance
or
otherwise
mentally
13
ill
a
mental
illness
.
14
2.
Specific
programs
to
meet
the
needs
of
such
other
special
15
categories
of
persons
with
an
intellectual
disability
as
may
16
be
designated
by
the
director.
17
3.
Appropriate
diagnostic
evaluation
services.
18
Sec.
443.
Section
225.1,
subsection
2,
Code
2023,
is
amended
19
by
adding
the
following
new
paragraph:
20
NEW
PARAGRAPH
.
c.
“Respondent”
means
the
same
as
defined
21
in
section
229.1.
22
Sec.
444.
Section
225.5,
Code
2023,
is
amended
to
read
as
23
follows:
24
225.5
Cooperation
of
hospitals.
25
The
medical
director
of
the
state
psychiatric
hospital
26
shall
seek
to
bring
about
systematic
cooperation
between
the
27
several
state
hospitals
for
persons
with
mental
illness
health
28
institutes
and
the
state
psychiatric
hospital.
29
Sec.
445.
Section
225.26,
Code
2023,
is
amended
to
read
as
30
follows:
31
225.26
Private
patients
——
disposition
of
funds.
32
All
moneys
collected
from
private
patients
shall
be
used
for
33
the
support
of
the
said
state
psychiatric
hospital.
34
Sec.
446.
Section
225.28,
Code
2023,
is
amended
to
read
as
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follows:
1
225.28
Appropriation.
2
The
state
shall
pay
to
the
state
psychiatric
hospital,
out
of
3
any
moneys
in
the
state
treasury
not
otherwise
appropriated,
4
all
expenses
for
the
administration
of
the
hospital,
and
for
5
the
care,
treatment,
and
maintenance
of
committed
and
voluntary
6
public
patients
therein
in
the
state
psychiatric
hospital
,
7
including
their
clothing
and
all
other
expenses
of
the
hospital
8
for
the
public
patients.
The
bills
for
the
expenses
shall
be
9
rendered
monthly
in
accordance
with
rules
agreed
upon
by
the
10
director
of
the
department
of
administrative
services
and
the
11
state
board
of
regents.
12
Sec.
447.
Section
225.33,
Code
2023,
is
amended
to
read
as
13
follows:
14
225.33
Death
of
patient
——
disposal
of
body.
15
In
the
event
that
a
When
a
committed
public
patient
or
16
a
voluntary
public
patient
or
a
committed
private
patient
17
should
die
dies
while
at
the
state
psychiatric
hospital
or
18
at
the
university
hospital,
the
state
psychiatric
hospital
19
shall
have
the
body
prepared
for
shipment
in
accordance
with
20
the
rules
prescribed
by
the
state
board
of
health
council
on
21
health
and
human
services
for
shipping
such
bodies
;
and
it
22
shall
be
.
It
is
the
duty
of
the
state
board
of
regents
to
make
23
arrangements
for
the
embalming
and
such
other
preparation
as
24
may
be
necessary
to
comply
with
the
rules
and
for
the
purchase
25
of
suitable
caskets.
26
Sec.
448.
Section
225.35,
Code
2023,
is
amended
to
read
as
27
follows:
28
225.35
Expense
collected.
29
In
the
event
that
the
said
When
a
person
is
a
committed
30
private
patient,
it
shall
be
is
the
duty
of
the
county
31
auditor
of
the
proper
county
to
proceed
to
collect
all
of
such
32
expenses,
in
accordance
with
the
provisions
of
sections
225.23
33
and
225.24
.
34
Sec.
449.
Section
225C.2,
Code
2023,
is
amended
to
read
as
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follows:
1
225C.2
Definitions.
2
As
used
in
this
chapter
:
3
1.
“Administrator”
means
the
administrator
of
the
division.
4
2.
1.
“Child”
or
“children”
means
a
person
or
persons
under
5
eighteen
years
of
age.
6
3.
2.
“Children’s
behavioral
health
services”
means
services
7
for
children
with
a
serious
emotional
disturbance.
8
4.
3.
“Children’s
behavioral
health
system”
or
“children’s
9
system”
means
the
behavioral
health
service
system
for
children
10
implemented
pursuant
to
this
subchapter
.
11
5.
4.
“Commission”
means
the
mental
health
and
disability
12
services
commission.
13
5.
“Council”
means
the
council
on
health
and
human
services.
14
6.
“Department”
means
the
department
of
health
and
human
15
services.
16
7.
“Director”
means
the
director
of
health
and
human
17
services.
18
8.
“Disability
services”
means
services
and
other
support
19
available
to
a
person
with
mental
illness,
an
intellectual
20
disability
or
other
developmental
disability,
or
brain
injury.
21
9.
“Division”
means
the
division
of
mental
health
and
22
disability
services
of
the
department.
23
10.
9.
“Mental
health
and
disability
services
region”
24
means
a
mental
health
and
disability
services
region
formed
in
25
accordance
with
section
331.389
.
26
11.
10.
“Mental
health
and
disability
services
regional
27
service
system”
means
the
mental
health
and
disability
service
28
system
for
a
mental
health
and
disability
services
region.
29
12.
11.
“Regional
administrator”
means
the
same
as
defined
30
in
section
331.388
.
31
13.
12.
“Serious
emotional
disturbance”
means
a
diagnosable
32
mental,
behavioral,
or
emotional
disorder
of
sufficient
33
duration
to
meet
diagnostic
criteria
specified
within
the
most
34
current
diagnostic
and
statistical
manual
of
mental
disorders
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published
by
the
American
psychiatric
association
that
results
1
in
a
functional
impairment.
“Serious
emotional
disturbance”
2
does
not
include
substance
use
or
developmental
disorders
3
unless
those
disorders
co-occur
with
such
a
diagnosable
mental,
4
behavioral,
or
emotional
disorder.
5
14.
13.
“State
board”
means
the
children’s
behavioral
6
health
system
state
board
created
in
section
225C.51
.
7
Sec.
450.
Section
225C.3,
Code
2023,
is
amended
to
read
as
8
follows:
9
225C.3
Division
of
mental
health
and
disability
services
10
Department
——
state
mental
health
authority.
11
1.
The
division
department
is
designated
the
state
mental
12
health
authority
as
defined
in
42
U.S.C.
§201(m)
(1976)
for
13
the
purpose
of
directing
the
benefits
of
the
National
Mental
14
Health
Act,
42
U.S.C.
§201
et
seq.
This
designation
does
15
not
preclude
the
state
board
of
regents
from
authorizing
or
16
directing
any
institution
under
its
jurisdiction
to
carry
out
17
educational,
prevention,
and
research
activities
in
the
areas
18
of
mental
health
and
intellectual
disability.
The
division
19
department
may
contract
with
the
state
board
of
regents
or
any
20
institution
under
the
board’s
jurisdiction
to
perform
any
of
21
these
functions.
22
2.
The
division
department
is
designated
the
state
23
developmental
disabilities
agency
for
the
purpose
of
directing
24
the
benefits
of
the
federal
Developmental
Disabilities
25
Assistance
and
Bill
of
Rights
Act,
42
U.S.C.
§15001
et
seq.
26
3.
The
division
is
administered
by
the
administrator.
The
27
administrator
of
the
division
shall
be
qualified
in
the
general
28
field
of
mental
health,
intellectual
disability,
or
other
29
disability
services,
and
preferably
in
more
than
one
field.
30
The
administrator
shall
have
at
least
five
years
of
experience
31
as
an
administrator
in
one
or
more
of
these
fields.
32
Sec.
451.
Section
225C.4,
Code
2023,
is
amended
to
read
as
33
follows:
34
225C.4
Administrator’s
Department
duties.
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1.
To
the
extent
funding
is
available,
the
administrator
1
department
shall
perform
the
following
duties:
2
a.
Prepare
and
administer
the
comprehensive
mental
health
3
and
disability
services
plan
as
provided
in
section
225C.6B
,
4
including
state
mental
health
and
intellectual
disability
5
plans
for
the
provision
of
disability
services
within
the
6
state
and
the
state
developmental
disabilities
plan.
The
7
administrator
department
shall
take
into
account
any
related
8
planning
activities
implemented
by
the
Iowa
department
of
9
public
health,
the
state
board
of
regents
or
a
body
designated
10
by
the
board
for
that
purpose,
the
department
of
management
11
or
a
body
designated
by
the
director
of
the
department
for
12
that
purpose,
the
department
of
education,
the
department
of
13
workforce
development
and
any
other
appropriate
governmental
14
body,
in
order
to
facilitate
coordination
of
disability
15
services
provided
in
this
state.
The
state
mental
health
and
16
intellectual
disability
plans
shall
be
consistent
with
the
17
state
health
plan,
and
shall
take
into
account
mental
health
18
and
disability
services
regional
service
system
management
19
plans.
20
b.
Assist
mental
health
and
disability
services
region
21
governing
boards
and
regional
administrators
in
planning
for
22
community-based
disability
services.
23
c.
Assist
the
state
board
in
planning
for
community-based
24
children’s
behavioral
health
services.
25
d.
Emphasize
the
provision
of
evidence-based
outpatient
and
26
community
support
services
by
community
mental
health
centers
27
and
local
intellectual
disability
providers
as
a
preferable
28
alternative
to
acute
inpatient
services
and
services
provided
29
in
large
institutional
settings.
30
e.
Encourage
and
facilitate
coordination
of
mental
health
31
and
disability
services
with
the
objective
of
developing
32
and
maintaining
in
the
state
a
mental
health
and
disability
33
service
delivery
system
to
provide
services
to
all
persons
34
in
this
state
who
need
the
services,
regardless
of
the
place
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of
residence
or
economic
circumstances
of
those
persons.
1
The
administrator
department
shall
work
with
the
commission
2
and
other
state
agencies,
including
but
not
limited
to
the
3
departments
of
corrections
,
and
education,
and
public
health
4
and
the
state
board
of
regents,
to
develop
and
implement
a
5
strategic
plan
to
expand
access
to
qualified
mental
health
6
workers
across
the
state.
7
f.
Encourage
and
facilitate
applied
research
and
preventive
8
educational
activities
related
to
causes
and
appropriate
9
treatment
for
disabilities.
The
administrator
department
may
10
designate,
or
enter
into
agreements
with,
private
or
public
11
agencies
to
carry
out
this
function.
12
g.
Coordinate
community-based
services
with
those
of
the
13
state
mental
health
institutes
and
state
resource
centers.
14
h.
Administer
state
programs
regarding
the
care,
treatment,
15
and
supervision
of
persons
with
mental
illness
or
an
16
intellectual
disability,
except
the
programs
administered
by
17
the
state
board
of
regents.
18
i.
Administer
and
distribute
state
appropriations
in
19
connection
with
the
mental
health
and
disability
services
20
regional
service
fund
established
by
section
225C.7A
.
21
j.
Act
as
compact
administrator
with
power
to
effectuate
the
22
purposes
of
interstate
compacts
on
mental
health.
23
k.
Establish
and
maintain
a
data
collection
and
management
24
information
system
oriented
to
the
needs
of
patients,
25
providers,
the
department,
and
other
programs
or
facilities
in
26
accordance
with
section
225C.6A
.
The
system
shall
be
used
to
27
identify,
collect,
and
analyze
service
outcome
and
performance
28
measures
data
in
order
to
assess
the
effects
of
the
services
29
on
the
persons
utilizing
the
services.
The
administrator
30
department
shall
annually
submit
to
the
commission
information
31
collected
by
the
department
indicating
the
changes
and
trends
32
in
the
mental
health
and
disability
services
system.
The
33
administrator
department
shall
make
the
outcome
data
available
34
to
the
public.
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l.
Encourage
and
facilitate
coordination
of
children’s
1
behavioral
health
services
with
the
objective
of
developing
2
and
maintaining
in
the
state
a
children’s
behavioral
health
3
system
to
provide
behavioral
health
services
to
all
children
4
in
this
state
who
need
the
services,
regardless
of
the
place
5
of
residence
or
economic
circumstances
of
those
children.
6
The
administrator
department
shall
work
with
the
state
board
7
and
other
state
agencies
including
but
not
limited
to
the
8
department
of
education
and
the
department
of
public
health
9
to
develop
and
implement
a
strategic
plan
to
expand
access
to
10
qualified
mental
health
workers
across
the
state.
11
m.
Establish
and
maintain
a
data
collection
and
management
12
information
system
oriented
to
the
needs
of
children
utilizing
13
the
children’s
behavioral
health
system,
providers,
the
14
department,
and
other
programs
or
facilities
in
accordance
15
with
section
225C.6A
.
The
system
shall
be
used
to
identify,
16
collect,
and
analyze
service
outcome
and
performance
measures
17
data
in
order
to
assess
the
effects
of
the
services
on
the
18
children
utilizing
the
services.
The
administrator
department
19
shall
annually
submit
to
the
state
board
information
collected
20
by
the
department
indicating
the
changes
and
trends
in
the
21
children’s
behavioral
health
system.
The
administrator
22
department
shall
make
the
outcome
data
available
to
the
public.
23
n.
Prepare
a
division
budget
and
reports
of
the
division’s
24
department’s
activities.
25
o.
Establish
suitable
agreements
with
other
state
26
agencies
to
encourage
appropriate
care
and
to
facilitate
the
27
coordination
of
disability
services.
28
p.
Provide
consultation
and
technical
assistance
to
29
patients’
advocates
appointed
pursuant
to
section
229.19
,
30
in
cooperation
with
the
judicial
branch
and
the
certified
31
volunteer
long-term
care
ombudsmen
certified
pursuant
to
32
section
231.45
.
33
q.
Provide
technical
assistance
to
agencies
and
34
organizations,
to
aid
them
in
meeting
standards
which
are
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established,
or
with
which
compliance
is
required,
under
1
statutes
administered
by
the
administrator
department
,
2
including
but
not
limited
to
chapters
227
and
230A
.
3
r.
Recommend
to
the
commission
minimum
accreditation
4
standards
for
the
maintenance
and
operation
of
community
mental
5
health
centers,
services,
and
programs
under
section
230A.110
.
6
The
administrator’s
department’s
review
and
evaluation
of
the
7
centers,
services,
and
programs
for
compliance
with
the
adopted
8
standards
shall
be
as
provided
in
section
230A.111
.
9
s.
Recommend
to
the
commission
minimum
standards
for
10
supported
community
living
services.
The
administrator
11
department
shall
review
and
evaluate
the
services
for
12
compliance
with
the
adopted
standards.
13
t.
In
cooperation
with
the
department
of
inspections
and
14
appeals,
recommend
minimum
standards
under
section
227.4
for
15
the
care
of
and
services
to
persons
with
mental
illness
or
an
16
intellectual
disability
residing
in
county
care
facilities.
17
The
administrator
department
shall
also
cooperate
with
the
18
department
of
inspections
and
appeals
in
recommending
minimum
19
standards
for
care
of
and
services
provided
to
persons
with
20
mental
illness
or
an
intellectual
disability
living
in
a
21
residential
care
facility
regulated
under
chapter
135C
.
22
u.
In
cooperation
with
the
Iowa
department
of
public
health,
23
recommend
Recommend
minimum
standards
for
the
maintenance
and
24
operation
of
public
or
private
facilities
offering
disability
25
services,
which
are
not
subject
to
licensure
by
the
department
26
or
the
department
of
inspections
and
appeals.
27
v.
Provide
technical
assistance
concerning
disability
28
services
and
funding
to
mental
health
and
disability
services
29
region
governing
boards
and
regional
administrators.
30
w.
Coordinate
with
the
mental
health
planning
and
advisory
31
council
created
pursuant
to
42
U.S.C.
§300x-3
to
ensure
the
32
council
membership
includes
representation
by
a
military
33
veteran
who
is
knowledgeable
concerning
the
behavioral
and
34
mental
health
issues
of
veterans.
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x.
Enter
into
performance-based
contracts
with
1
regional
administrators
as
described
in
section
331.390
.
2
A
performance-based
contract
shall
require
a
regional
3
administrator
to
fulfill
the
statutory
and
regulatory
4
requirements
of
the
regional
service
system
under
this
chapter
5
and
chapter
331
.
A
failure
to
fulfill
the
requirements
may
be
6
addressed
by
remedies
specified
in
the
contract,
including
but
7
not
limited
to
suspension
of
contract
payments
or
cancellation
8
of
the
contract.
The
contract
provisions
may
include
but
are
9
not
limited
to
requirements
for
the
regional
service
system
10
to
attain
outcomes
within
a
specified
range
of
acceptable
11
performance
in
any
of
the
following
categories:
12
(1)
Access
standards
for
the
required
core
services.
13
(2)
Penetration
rates
for
serving
the
number
of
persons
14
expected
to
be
served.
15
(3)
Utilization
rates
for
inpatient
and
residential
16
treatment.
17
(4)
Readmission
rates
for
inpatient
and
residential
18
treatment.
19
(5)
Employment
of
the
persons
receiving
services.
20
(6)
Administrative
costs.
21
(7)
Data
reporting.
22
(8)
Timely
and
accurate
claims
processing.
23
(9)
School
attendance.
24
y.
Provide
information
through
the
internet
concerning
25
waiting
lists
for
services
implemented
by
mental
health
and
26
disability
services
regions.
27
2.
The
administrator
department
may:
28
a.
Apply
for,
receive,
and
administer
federal
aids,
grants,
29
and
gifts
for
purposes
relating
to
disability
services
or
30
programs.
31
b.
Establish
and
supervise
suitable
standards
of
care,
32
treatment,
and
supervision
for
persons
with
disabilities
in
33
all
institutions
under
the
control
of
the
director
of
human
34
services
.
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c.
Appoint
professional
consultants
to
furnish
advice
on
1
any
matters
pertaining
to
disability
services.
The
consultants
2
shall
be
paid
as
provided
by
an
appropriation
of
the
general
3
assembly.
4
d.
Administer
a
public
housing
unit
within
a
bureau
of
5
the
division
program
to
apply
for,
receive,
and
administer
6
federal
assistance,
grants,
and
other
public
or
private
funds
7
for
purposes
related
to
providing
housing
in
accordance
with
8
section
225C.45
.
9
Sec.
452.
Section
225C.5,
subsection
1,
paragraph
j,
Code
10
2023,
is
amended
to
read
as
follows:
11
j.
One
member
shall
be
an
active
board
member
of
an
agency
12
serving
persons
with
a
substance
abuse
problem
use
disorder
13
selected
from
nominees
submitted
by
the
Iowa
behavioral
health
14
association.
15
Sec.
453.
Section
225C.6,
Code
2023,
is
amended
to
read
as
16
follows:
17
225C.6
Duties
of
commission.
18
1.
To
the
extent
funding
is
available,
the
commission
shall
19
perform
the
following
duties:
20
a.
Advise
the
administrator
department
on
the
administration
21
of
the
overall
state
disability
services
system.
22
b.
Pursuant
to
recommendations
made
for
this
purpose
by
23
the
administrator
director
,
adopt
necessary
rules
pursuant
to
24
chapter
17A
which
relate
to
disability
programs
and
services,
25
including
but
not
limited
to
definitions
of
each
disability
26
included
within
the
term
“disability
services”
as
necessary
for
27
purposes
of
state,
county,
and
regional
planning,
programs,
and
28
services.
29
c.
Adopt
standards
for
community
mental
health
centers,
30
services,
and
programs
as
recommended
under
section
230A.110
.
31
The
administrator
department
shall
determine
whether
to
grant,
32
deny,
or
revoke
the
accreditation
of
the
centers,
services,
and
33
programs.
34
d.
Adopt
standards
for
the
provision
under
the
medical
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assistance
program
of
individual
case
management
services.
1
e.
Unless
another
governmental
body
sets
standards
for
a
2
service
available
to
persons
with
disabilities,
adopt
state
3
standards
for
that
service.
The
commission
shall
review
the
4
licensing
standards
used
by
the
department
of
human
services
5
or
department
of
inspections
and
appeals
for
those
facilities
6
providing
disability
services.
7
f.
Assure
that
proper
reconsideration
and
appeal
procedures
8
are
available
to
persons
aggrieved
by
decisions,
actions,
or
9
circumstances
relating
to
accreditation.
10
g.
Adopt
necessary
rules
for
awarding
grants
from
the
state
11
and
federal
government
as
well
as
other
moneys
that
become
12
available
to
the
division
department
for
grant
purposes.
13
h.
Annually
submit
to
the
governor
and
the
general
assembly:
14
(1)
A
report
concerning
the
activities
of
the
commission.
15
(2)
Recommendations
formulated
by
the
commission
for
16
changes
in
law.
17
i.
By
January
1
of
each
odd-numbered
year,
submit
to
the
18
governor
and
the
general
assembly
an
evaluation
of:
19
(1)
The
extent
to
which
services
to
persons
with
20
disabilities
are
actually
available
to
persons
in
each
county
21
and
mental
health
and
disability
services
region
in
the
state
22
and
the
quality
of
those
services.
23
(2)
The
effectiveness
of
the
services
being
provided
by
24
disability
service
providers
in
this
state
and
by
each
of
the
25
state
mental
health
institutes
established
under
chapter
226
26
and
by
each
of
the
state
resource
centers
established
under
27
chapter
222
.
28
j.
Advise
the
administrator
director
,
the
council
on
human
29
services
,
the
governor,
and
the
general
assembly
on
budgets
and
30
appropriations
concerning
disability
services.
31
k.
Coordinate
activities
with
the
Iowa
developmental
32
disabilities
council
and
the
mental
health
planning
council,
33
created
pursuant
to
federal
law.
The
commission
shall
work
34
with
other
state
agencies
on
coordinating,
collaborating,
and
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communicating
concerning
activities
involving
persons
with
1
disabilities.
2
l.
Pursuant
to
a
recommendation
made
by
the
administrator
3
department
,
identify
basic
financial
eligibility
standards
4
for
the
disability
services
provided
by
a
mental
health
and
5
disability
services
region.
The
initial
standards
shall
be
as
6
specified
in
chapter
331
.
7
m.
Identify
disability
services
outcomes
and
indicators
to
8
support
the
ability
of
eligible
persons
with
a
disability
to
9
live,
learn,
work,
and
recreate
in
communities
of
the
persons’
10
choice.
The
identification
duty
includes
but
is
not
limited
to
11
responsibility
for
identifying,
collecting,
and
analyzing
data
12
as
necessary
to
issue
reports
on
outcomes
and
indicators
at
the
13
county,
region,
and
state
levels.
14
2.
Notwithstanding
section
217.3
,
subsection
6
,
the
15
commission
may
adopt
the
rules
authorized
by
subsection
1
,
16
pursuant
to
chapter
17A
,
without
prior
review
and
approval
of
17
those
rules
by
the
council
on
human
services
.
18
3.
If
the
executive
branch
creates
a
committee,
task
19
force,
council,
or
other
advisory
body
to
consider
disability
20
services
policy
or
program
options
involving
children
or
adult
21
consumers,
the
commission
is
designated
to
receive
and
consider
22
any
report,
findings,
recommendations,
or
other
work
product
23
issued
by
such
body.
The
commission
may
address
the
report,
24
findings,
recommendations,
or
other
work
product
in
fulfilling
25
the
commission’s
functions
and
to
advise
the
department,
26
council
on
human
services
,
governor,
and
general
assembly
27
concerning
disability
services.
28
4.
a.
The
department
shall
coordinate
with
the
29
department
of
inspections
and
appeals
in
the
establishment
of
30
facility-based
and
community-based,
subacute
mental
health
31
services.
32
b.
A
person
shall
not
provide
community-based,
subacute
33
mental
health
services
unless
the
person
has
been
accredited
34
to
provide
the
services.
The
commission
shall
adopt
standards
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for
subacute
mental
health
services
and
for
accreditation
of
1
providers
of
community-based,
subacute
mental
health
services.
2
c.
As
used
in
this
subsection
,
“subacute
mental
health
3
services”
means
all
of
the
following:
4
(1)
A
comprehensive
set
of
wraparound
services
for
persons
5
who
have
had
or
are
at
imminent
risk
of
having
acute
or
6
crisis
mental
health
symptoms
that
do
not
permit
the
persons
7
to
remain
in
or
threatens
removal
of
the
persons
from
their
8
home
and
community,
but
who
have
been
determined
by
a
mental
9
health
professional
and
a
licensed
health
care
professional,
10
subject
to
the
professional’s
scope
of
practice,
not
to
need
11
inpatient
acute
hospital
services.
For
the
purposes
of
this
12
subparagraph,
“mental
health
professional”
means
the
same
as
13
defined
in
section
228.1
and
“licensed
health
care
professional”
14
means
a
person
licensed
under
chapter
148
to
practice
medicine
15
and
surgery
or
osteopathic
medicine
and
surgery,
an
advanced
16
registered
nurse
practitioner
licensed
under
chapter
152
or
17
152E
,
or
a
physician
assistant
licensed
to
practice
under
the
18
supervision
of
a
physician
as
authorized
in
chapters
147
and
19
148C
.
20
(2)
Intensive,
recovery-oriented
treatment
and
monitoring
21
of
the
person
with
direct
or
remote
access
to
a
psychiatrist
or
22
advanced
registered
nurse
practitioner.
23
(3)
An
outcome-focused,
interdisciplinary
approach
designed
24
to
return
the
person
to
living
successfully
in
the
community.
25
(4)
Services
that
may
be
provided
in
a
wide
array
of
26
settings
ranging
from
the
person’s
home
to
a
facility
providing
27
subacute
mental
health
services.
28
(5)
Services
that
are
time
limited
to
not
more
than
ten
29
days
or
another
time
period
determined
in
accordance
with
rules
30
adopted
for
this
purpose.
31
d.
Subacute
mental
health
services
and
the
standards
for
32
the
services
shall
be
established
in
a
manner
that
allows
for
33
accessing
federal
Medicaid
funding.
34
Sec.
454.
Section
225C.6B,
Code
2023,
is
amended
to
read
as
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follows:
1
225C.6B
Mental
health
and
disability
services
system
——
2
legislative
intent
——
comprehensive
plan
——
state
and
regional
3
service
systems.
4
1.
Intent.
5
a.
The
general
assembly
intends
for
the
state
to
implement
6
a
comprehensive,
continuous,
and
integrated
state
mental
7
health
and
disability
services
plan
in
accordance
with
8
the
requirements
of
sections
225C.4
and
225C.6
and
other
9
provisions
of
this
chapter
,
by
increasing
the
department’s
10
responsibilities
in
the
development,
funding,
oversight,
and
11
ongoing
leadership
of
mental
health
and
disability
services
in
12
this
state.
13
b.
In
order
to
further
the
purposes
listed
in
section
225C.1
14
and
in
other
provisions
of
this
chapter
,
the
general
assembly
15
intends
that
efforts
focus
on
the
goal
of
making
available
a
16
comprehensive
array
of
high-quality,
evidence-based
consumer
17
and
family-centered
mental
health
and
disability
services
and
18
other
support
in
the
least
restrictive,
community-based
setting
19
appropriate
for
a
consumer.
20
c.
In
addition,
it
is
the
intent
of
the
general
assembly
21
to
promote
policies
and
practices
that
achieve
for
consumers
22
the
earliest
possible
detection
of
mental
health
problems
and
23
the
need
for
disability
services
and
for
early
intervention;
24
to
stress
that
all
health
care
programs
address
mental
health
25
disorders
with
the
same
urgency
as
physical
health
disorders;
26
to
promote
the
policies
of
all
public
programs
that
serve
27
adults
and
children
with
mental
disorders
or
with
a
need
28
for
disability
services,
including
but
not
limited
to
child
29
welfare,
Medicaid,
education,
housing,
criminal
and
juvenile
30
justice,
substance
abuse
use
disorder
treatment,
and
employment
31
services;
to
consider
the
special
mental
health
and
disability
32
services
needs
of
adults
and
children;
and
to
promote
recovery
33
and
resiliency
as
expected
outcomes
for
all
consumers.
34
2.
Comprehensive
plan.
The
division
department
shall
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develop
a
comprehensive
written
five-year
state
mental
health
1
and
disability
services
plan
with
annual
updates
and
readopt
2
the
plan
every
five
years.
The
plan
shall
describe
the
key
3
components
of
the
state’s
mental
health
and
disability
services
4
system,
including
the
services
that
are
community-based,
state
5
institution-based,
or
regional
or
state-based.
The
five-year
6
plan
and
each
update
shall
be
submitted
annually
to
the
7
commission
on
or
before
October
30
for
review
and
approval.
8
3.
State
and
regional
disability
service
systems.
The
9
publicly
financed
disability
services
for
persons
with
mental
10
illness,
intellectual
disability
or
other
developmental
11
disability,
or
brain
injury
in
this
state
shall
be
provided
by
12
the
department
and
the
counties
operating
together
as
regions.
13
The
financial
and
administrative
responsibility
for
such
14
services
is
as
follows:
15
a.
Disability
services
for
children
and
adults
that
are
16
covered
under
the
medical
assistance
program
pursuant
to
17
chapter
249A
are
the
responsibility
of
the
state.
18
b.
Adult
mental
health
and
intellectual
disability
services
19
that
are
not
covered
under
the
medical
assistance
program
are
20
the
responsibility
of
the
county-based
regional
service
system.
21
c.
Children’s
behavioral
health
services
provided
to
22
eligible
children
that
are
not
covered
under
the
medical
23
assistance
program
or
other
third-party
payor
are
the
24
responsibility
of
the
county-based
regional
service
system.
25
Sec.
455.
Section
225C.6C,
Code
2023,
is
amended
to
read
as
26
follows:
27
225C.6C
Regional
service
system
——
regulatory
requirements.
28
1.
The
departments
department
and
the
department
of
29
inspections
,
and
appeals,
human
services,
and
public
health
and
30
licensing
shall
comply
with
the
requirements
of
this
section
in
31
their
efforts
to
improve
the
regulatory
requirements
applied
32
to
the
mental
health
and
disability
services
regional
service
33
system
administration
and
service
providers.
34
2.
The
three
departments
shall
work
together
to
establish
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a
process
to
streamline
accreditation,
certification,
and
1
licensing
standards
applied
to
the
regional
service
system
2
administration
and
service
providers.
3
3.
The
departments
of
human
services
and
inspections
and
4
appeals
shall
jointly
review
the
standards
and
inspection
5
process
applicable
to
residential
care
facilities.
6
4.
The
three
departments
shall
do
all
of
the
following
in
7
developing
regulatory
requirements
applicable
to
the
regional
8
service
system
administration
and
service
providers:
9
a.
Consider
the
costs
to
regional
administrators
and
10
providers
in
the
development
of
quality
monitoring
efforts.
11
b.
Implement
the
use
of
uniform,
streamlined,
and
statewide
12
cost
reporting
standards
and
tools
by
the
regional
service
13
system
and
the
department
of
human
services
.
14
c.
Make
quality
monitoring
information,
including
services,
15
quality,
and
location
information,
easily
available
and
16
understandable
to
all
citizens.
17
d.
Establish
standards
that
are
clearly
understood
and
are
18
accompanied
by
interpretive
guidelines
to
support
understanding
19
by
those
responsible
for
applying
the
standards.
20
e.
Develop
a
partnership
with
providers
in
order
to
21
improve
the
quality
of
services
and
develop
mechanisms
for
the
22
provision
of
technical
assistance.
23
f.
Develop
consistent
data
collection
efforts
based
on
24
statewide
standards
and
make
information
available
to
all
25
providers.
The
efforts
under
this
paragraph
shall
be
made
with
26
representatives
of
the
Iowa
state
association
of
counties.
27
g.
Evaluate
existing
provider
qualification
and
monitoring
28
efforts
to
identify
duplication
and
gaps,
and
align
the
efforts
29
with
valued
outcomes.
30
h.
Streamline
and
enhance
existing
standards.
31
i.
Consider
allowing
providers
to
seek
accreditation
from
32
a
national
accrediting
body
in
lieu
of
state
accreditation
or
33
certification.
34
Sec.
456.
Section
225C.7A,
subsection
7,
Code
2023,
is
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amended
to
read
as
follows:
1
7.
a.
For
the
fiscal
year
beginning
July
1,
2021,
each
2
mental
health
and
disability
services
region
for
which
the
3
amount
certified
during
the
fiscal
year
under
section
331.391,
4
subsection
4
,
paragraph
“b”
,
exceeds
forty
percent
of
the
actual
5
expenditures
of
the
region
for
the
fiscal
year
preceding
the
6
fiscal
year
in
progress,
the
remaining
quarterly
payments
of
7
the
region’s
regional
service
payment
shall
be
reduced
by
8
an
amount
equal
to
the
amount
by
which
the
region’s
amount
9
certified
under
section
331.391,
subsection
4
,
paragraph
“b”
,
10
exceeds
forty
percent
of
the
actual
expenditures
of
the
region
11
for
the
fiscal
year
preceding
the
fiscal
year
in
progress,
but
12
the
amount
of
the
reduction
shall
not
exceed
the
total
amount
13
of
the
region’s
regional
service
payment
for
the
fiscal
year.
14
If
the
region’s
remaining
quarterly
payments
are
insufficient
15
to
effectuate
the
required
reductions
under
this
paragraph,
the
16
region
is
required
to
pay
to
the
department
of
human
services
17
any
amount
for
which
the
reduction
in
quarterly
payments
could
18
not
be
made.
The
amount
of
reductions
to
quarterly
payments
19
and
amounts
paid
to
the
department
under
this
paragraph
shall
20
be
transferred
and
credited
to
the
region
incentive
fund
under
21
subsection
8
.
22
b.
For
the
fiscal
year
beginning
July
1,
2022,
each
mental
23
health
and
disability
services
region
for
which
the
amount
24
certified
during
the
fiscal
year
under
section
331.391,
25
subsection
4
,
paragraph
“b”
,
exceeds
twenty
percent
of
the
26
actual
expenditures
of
the
region
for
the
fiscal
year
preceding
27
the
fiscal
year
in
progress,
the
remaining
quarterly
payments
28
of
the
region’s
regional
service
payment
shall
be
reduced
by
29
an
amount
equal
to
the
amount
by
which
the
region’s
amount
30
certified
under
section
331.391,
subsection
4
,
paragraph
“b”
,
31
exceeds
twenty
percent
of
the
actual
expenditures
of
the
region
32
for
the
fiscal
year
preceding
the
fiscal
year
in
progress,
but
33
the
amount
of
the
reduction
shall
not
exceed
the
total
amount
34
of
the
region’s
regional
service
payment
for
the
fiscal
year.
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If
the
region’s
remaining
quarterly
payments
are
insufficient
1
to
effectuate
the
required
reductions
under
this
paragraph,
the
2
region
is
required
to
pay
to
the
department
of
human
services
3
any
amount
for
which
the
reduction
in
quarterly
payments
could
4
not
be
made.
The
amount
of
reductions
to
quarterly
payments
5
and
amounts
paid
to
the
department
under
this
paragraph
shall
6
be
transferred
and
credited
to
the
region
incentive
fund
under
7
subsection
8
.
8
c.
For
the
fiscal
year
beginning
July
1,
2023,
and
each
9
succeeding
fiscal
year,
each
mental
health
and
disability
10
services
region
for
which
the
amount
certified
during
the
11
fiscal
year
under
section
331.391,
subsection
4
,
paragraph
“b”
,
12
exceeds
five
percent
of
the
actual
expenditures
of
the
region
13
for
the
fiscal
year
preceding
the
fiscal
year
in
progress,
the
14
remaining
quarterly
payments
of
the
region’s
regional
service
15
payment
shall
be
reduced
by
an
amount
equal
to
the
amount
by
16
which
the
region’s
amount
certified
under
section
331.391,
17
subsection
4
,
paragraph
“b”
,
exceeds
five
percent
of
the
actual
18
expenditures
of
the
region
for
the
fiscal
year
preceding
the
19
fiscal
year
in
progress,
but
the
amount
of
the
reduction
20
shall
not
exceed
the
total
amount
of
the
region’s
regional
21
service
payment
for
the
fiscal
year.
If
the
region’s
remaining
22
quarterly
payments
are
insufficient
to
effectuate
the
required
23
reductions
under
this
paragraph,
the
region
is
required
to
24
pay
to
the
department
of
human
services
any
amount
for
which
25
the
reduction
in
quarterly
payments
could
not
be
made.
The
26
amount
of
reductions
to
quarterly
payments
and
amounts
paid
to
27
the
department
under
this
paragraph
shall
be
transferred
and
28
credited
to
the
region
incentive
fund
under
subsection
8
.
29
Sec.
457.
Section
225C.13,
Code
2023,
is
amended
to
read
as
30
follows:
31
225C.13
Authority
to
establish
and
lease
facilities.
32
1.
The
administrator
assigned,
in
accordance
with
section
33
218.1
,
to
control
the
state
mental
health
institutes
and
the
34
state
resource
centers
department
may
enter
into
agreements
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under
which
a
facility
or
portion
of
a
facility
administered
by
1
the
administrator
department
under
section
218.1
is
leased
to
a
2
department
or
a
division
of
state
government,
a
county
or
group
3
of
counties,
a
mental
health
and
disability
services
region,
or
4
a
private
nonprofit
corporation
organized
under
chapter
504
.
A
5
lease
executed
under
this
section
shall
require
that
the
lessee
6
use
the
leased
premises
to
deliver
either
disability
services
7
or
other
services
normally
delivered
by
the
lessee.
8
2.
The
division
administrator
director
may
work
with
the
9
appropriate
administrator
of
the
department’s
institutions
to
10
establish
mental
health
and
intellectual
disability
services
11
for
all
institutions
under
the
control
of
the
director
of
human
12
services
and
to
establish
an
autism
unit,
following
mutual
13
planning
and
consultation
with
the
medical
director
of
the
14
state
psychiatric
hospital,
at
an
institution
or
a
facility
15
administered
by
the
department
to
provide
psychiatric
and
16
related
services
and
other
specific
programs
to
meet
the
needs
17
of
autistic
persons
with
autism
,
and
to
furnish
appropriate
18
diagnostic
evaluation
services.
19
Sec.
458.
Section
225C.19,
Code
2023,
is
amended
to
read
as
20
follows:
21
225C.19
Emergency
mental
health
crisis
services
system.
22
1.
For
the
purposes
of
this
section
:
23
a.
“Emergency
mental
health
crisis
services
provider”
means
24
a
provider
accredited
or
approved
by
the
department
to
provide
25
emergency
mental
health
crisis
services.
26
b.
“Emergency
mental
health
crisis
services
system”
or
27
“services
system”
means
a
coordinated
array
of
crisis
services
28
for
providing
a
response
to
assist
an
individual
adult
or
child
29
who
is
experiencing
a
mental
health
crisis
or
who
is
in
a
30
situation
that
is
reasonably
likely
to
cause
the
individual
to
31
have
a
mental
health
crisis
unless
assistance
is
provided.
32
2.
a.
The
division
department
shall
implement
an
emergency
33
mental
health
crisis
services
system
in
consultation
with
34
counties,
and
community
mental
health
centers
and
other
mental
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health
and
social
service
providers,
in
accordance
with
this
1
section
.
2
b.
The
purpose
of
the
services
system
is
to
provide
a
3
statewide
array
of
time-limited
intervention
services
to
reduce
4
escalation
of
crisis
situations,
relieve
the
immediate
distress
5
of
individuals
experiencing
a
crisis
situation,
reduce
the
risk
6
of
individuals
in
a
crisis
situation
doing
harm
to
themselves
7
or
others,
and
promote
timely
access
to
appropriate
services
8
for
those
who
require
ongoing
mental
health
services.
9
c.
The
services
system
shall
be
available
twenty-four
hours
10
per
day,
seven
days
per
week
to
any
individual
who
is
in
or
is
11
determined
by
others
to
be
in
a
crisis
situation,
regardless
of
12
whether
the
individual
has
been
diagnosed
with
a
mental
illness
13
or
a
co-occurring
mental
illness
and
substance
abuse
use
14
disorder.
The
system
shall
address
all
ages,
income
levels,
15
and
health
coverage
statuses.
16
d.
The
goals
of
an
intervention
offered
by
a
provider
17
under
the
services
system
shall
include
but
are
not
limited
to
18
symptom
reduction,
stabilization
of
the
individual
receiving
19
the
intervention,
and
restoration
of
the
individual
to
a
20
previous
level
of
functioning.
21
e.
The
elements
of
the
services
system
shall
be
specified
in
22
administrative
rules
adopted
by
the
commission.
23
3.
The
services
system
elements
shall
include
but
are
not
24
limited
to
all
of
the
following:
25
a.
Standards
for
accrediting
or
approving
emergency
mental
26
health
crisis
services
providers.
Such
providers
may
include
27
but
are
not
limited
to
a
community
mental
health
center
28
designated
under
chapter
230A
,
a
unit
of
the
department
or
29
other
state
agency,
a
county,
a
mental
health
and
disability
30
services
region,
or
any
other
public
or
private
provider
who
31
meets
the
accreditation
or
approval
standards
for
an
emergency
32
mental
health
crisis
services
provider.
33
b.
Identification
by
the
division
department
of
geographic
34
regions,
groupings
of
mental
health
and
disability
services
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regions,
service
areas,
or
other
means
of
distributing
and
1
organizing
the
emergency
mental
health
crisis
services
system
2
to
ensure
statewide
availability
of
the
services.
3
c.
Coordination
of
emergency
mental
health
crisis
services
4
with
all
of
the
following:
5
(1)
The
district
and
juvenile
courts.
6
(2)
Law
enforcement.
7
(3)
Judicial
district
departments
of
correctional
services.
8
(4)
Mental
health
and
disability
services
regions.
9
(5)
Other
mental
health,
substance
abuse
use
disorder
,
and
10
co-occurring
mental
illness
and
substance
abuse
use
disorder
11
services
available
through
the
state
and
counties
to
serve
both
12
children
and
adults.
13
d.
Identification
of
basic
services
to
be
provided
through
14
each
accredited
or
approved
emergency
mental
health
crisis
15
services
provider
which
may
include
but
are
not
limited
to
16
face-to-face
crisis
intervention,
stabilization,
support,
17
counseling,
preadmission
screening
for
individuals
who
may
18
require
psychiatric
hospitalization,
transportation,
and
19
follow-up
services.
20
e.
Identification
of
operational
requirements
for
emergency
21
mental
health
crisis
services
provider
accreditation
or
22
approval
which
may
include
providing
a
telephone
hotline,
23
mobile
crisis
staff,
collaboration
protocols,
follow-up
with
24
community
services,
information
systems,
and
competency-based
25
training.
26
4.
The
division
department
shall
initially
implement
27
the
program
through
a
competitive
block
grant
process.
28
The
implementation
shall
be
limited
to
the
extent
of
the
29
appropriations
provided
for
the
program.
30
Sec.
459.
Section
225C.19A,
Code
2023,
is
amended
to
read
31
as
follows:
32
225C.19A
Crisis
stabilization
programs.
33
The
department
shall
accredit,
certify,
or
apply
standards
34
of
review
to
authorize
the
operation
of
crisis
stabilization
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programs,
including
crisis
stabilization
programs
operating
1
in
a
psychiatric
medical
institution
for
children
pursuant
2
to
chapter
135H
that
provide
children
with
mental
health,
3
substance
abuse
use
disorder
,
and
co-occurring
mental
health
4
and
substance
abuse
use
disorder
services.
In
authorizing
the
5
operation
of
a
crisis
stabilization
program,
the
department
6
shall
apply
the
relevant
requirements
for
an
emergency
mental
7
health
crisis
services
provider
and
system
under
section
8
225C.19
.
A
program
authorized
to
operate
under
this
section
is
9
not
required
to
be
licensed
under
chapter
135B
,
135C
,
135G
,
or
10
135H
,
or
certified
under
chapter
231C
.
The
commission
shall
11
adopt
rules
to
implement
this
section
.
The
department
shall
12
accept
accreditation
of
a
crisis
stabilization
program
by
a
13
national
accrediting
organization
in
lieu
of
applying
the
rules
14
adopted
in
accordance
with
this
section
to
the
program.
15
Sec.
460.
Section
225C.20,
Code
2023,
is
amended
to
read
as
16
follows:
17
225C.20
Responsibilities
of
mental
health
and
disability
18
services
regions
for
individual
case
management
services.
19
Individual
case
management
services
funded
under
the
medical
20
assistance
program
shall
be
provided
by
the
department
except
21
when
a
county
or
a
consortium
of
counties
contracts
with
the
22
department
to
provide
the
services.
A
regional
administrator
23
may
contract
for
one
or
more
counties
of
the
region
to
be
24
the
provider
at
any
time
and
the
department
shall
agree
to
25
the
contract
so
long
as
the
contract
meets
the
standards
for
26
case
management
adopted
by
the
department.
The
regional
27
administrator
may
subcontract
for
the
provision
of
case
28
management
services
so
long
as
the
subcontract
meets
the
same
29
standards.
A
regional
administrator
may
change
the
provider
30
of
individual
case
management
services
at
any
time.
If
the
31
current
or
proposed
contract
is
with
the
department,
the
32
regional
administrator
shall
provide
written
notification
of
33
a
change
at
least
ninety
days
before
the
date
the
change
will
34
take
effect.
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Sec.
461.
Section
225C.21,
Code
2023,
is
amended
to
read
as
1
follows:
2
225C.21
Supported
community
living
services.
3
1.
As
used
in
this
section
,
“supported
community
living
4
services”
means
services
provided
in
a
noninstitutional
5
setting
to
adult
persons
with
mental
illness,
an
intellectual
6
disability,
or
developmental
disabilities
to
meet
the
persons’
7
daily
living
needs.
8
2.
The
commission
shall
adopt
rules
pursuant
to
chapter
17A
9
establishing
minimum
standards
for
supported
community
living
10
services.
The
administrator
department
shall
determine
whether
11
to
grant,
deny,
or
revoke
approval
for
any
supported
community
12
living
service.
13
3.
Approved
supported
community
living
services
may
receive
14
funding
from
the
state,
federal
and
state
social
services
block
15
grant
funds,
and
other
appropriate
funding
sources,
consistent
16
with
state
legislation
and
federal
regulations.
The
funding
17
may
be
provided
on
a
per
diem,
per
hour,
or
grant
basis,
as
18
appropriate.
19
Sec.
462.
Section
225C.23,
Code
2023,
is
amended
to
read
as
20
follows:
21
225C.23
Brain
injury
recognized
as
disability.
22
1.
The
department
of
human
services,
the
Iowa
department
of
23
public
health
,
the
department
of
education
and
its
divisions
24
division
of
special
education
and
of
the
department
of
25
education,
the
division
of
vocational
rehabilitation
services
26
of
the
department
of
workforce
development
,
the
department
of
27
human
rights
and
its
division
for
persons
with
disabilities,
28
the
department
for
the
blind,
and
all
other
state
agencies
29
which
serve
persons
with
brain
injuries,
shall
recognize
brain
30
injury
as
a
distinct
disability
and
shall
identify
those
31
persons
with
brain
injuries
among
the
persons
served
by
the
32
state
agency.
33
2.
For
the
purposes
of
this
section
,
“brain
injury”
means
34
the
same
as
defined
in
section
135.22
.
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Sec.
463.
Section
225C.29,
Code
2023,
is
amended
to
read
as
1
follows:
2
225C.29
Compliance.
3
Except
for
a
violation
of
section
225C.28B,
subsection
4
2
,
the
sole
remedy
for
violation
of
a
rule
adopted
by
the
5
commission
to
implement
sections
225C.25
,
225C.26
,
225C.28A
,
6
and
225C.28B
shall
be
by
a
proceeding
for
compliance
initiated
7
by
request
to
the
division
department
pursuant
to
chapter
8
17A
.
Any
decision
of
the
division
department
shall
be
in
9
accordance
with
due
process
of
law
and
is
subject
to
appeal
to
10
the
Iowa
district
court
pursuant
to
sections
17A.19
and
17A.20
11
by
any
aggrieved
party.
Either
the
division
department
or
a
12
party
in
interest
may
apply
to
the
Iowa
district
court
for
an
13
order
to
enforce
the
decision
of
the
division
department
.
Any
14
rules
adopted
by
the
commission
to
implement
sections
225C.25
,
15
225C.26
,
225C.28A
,
and
225C.28B
do
not
create
any
right,
16
entitlement,
property
,
or
liberty
right
or
interest,
or
private
17
cause
of
action
for
damages
against
the
state
or
a
political
18
subdivision
of
the
state
or
for
which
the
state
or
a
political
19
subdivision
of
the
state
would
be
responsible.
Any
violation
20
of
section
225C.28B,
subsection
2
,
shall
solely
be
subject
to
21
the
enforcement
by
the
commissioner
of
insurance
and
penalties
22
granted
by
chapter
507B
for
a
violation
of
section
507B.4,
23
subsection
3
,
paragraph
“g”
.
24
Sec.
464.
Section
225C.35,
Code
2023,
is
amended
to
read
as
25
follows:
26
225C.35
Definitions.
27
For
purposes
of
this
subchapter
,
unless
the
context
28
otherwise
requires:
29
1.
“Department”
means
the
department
of
human
services.
30
2.
1.
“Family”
means
a
family
member
and
the
parent
or
31
legal
guardian
of
the
family
member.
32
3.
2.
“Family
member”
means
a
person
less
than
eighteen
33
years
of
age
who
by
educational
determination
has
a
moderate,
34
severe,
or
profound
educational
disability
or
special
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health
care
needs
or
who
otherwise
meets
the
definition
1
of
developmental
disability
in
the
federal
Developmental
2
Disabilities
Assistance
and
Bill
of
Rights
Act,
as
codified
3
in
42
U.S.C.
§15002.
The
department
shall
adopt
rules
4
establishing
procedures
for
determining
whether
a
child
has
a
5
developmental
disability.
6
4.
3.
“Legal
guardian”
means
a
person
appointed
by
a
court
7
to
exercise
powers
over
a
family
member.
8
5.
4.
“Medical
assistance”
means
payment
of
all
or
part
of
9
the
care
authorized
to
be
provided
pursuant
to
chapter
249A
the
10
same
as
defined
in
section
249A.2
.
11
6.
5.
“Parent”
means
a
biological
or
adoptive
parent.
12
7.
6.
“Supplemental
security
income”
means
financial
13
assistance
provided
to
individuals
pursuant
to
Tit.
XVI
of
the
14
federal
Social
Security
Act,
42
U.S.C.
§1381
–
1383c.
15
Sec.
465.
Section
225C.37,
subsection
1,
paragraph
d,
Code
16
2023,
is
amended
to
read
as
follows:
17
d.
A
statement
that
if
the
child
receives
medical
18
assistance,
then
the
family
support
subsidy
shall
only
be
used
19
for
the
cost
of
a
service
which
is
not
covered
by
medical
20
assistance.
The
family
may
receive
welfare
public
assistance
21
for
which
the
family
is
eligible.
22
Sec.
466.
Section
225C.45,
Code
2023,
is
amended
to
read
as
23
follows:
24
225C.45
Public
housing
unit
program
.
25
1.
The
administrator
department
may
establish
a
public
26
housing
unit
within
a
bureau
of
the
division
program
to
apply
27
for,
receive,
and
administer
federal
assistance,
grants,
and
28
other
public
or
private
funds
for
purposes
related
to
providing
29
housing.
30
2.
In
implementing
the
public
housing
unit
program
,
the
31
division
department
may
do
all
of
the
following:
32
a.
Prepare,
implement,
and
operate
housing
projects
33
and
provide
for
the
construction,
improvement,
extension,
34
alteration,
or
repair
of
a
housing
project
under
the
division’s
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department’s
jurisdiction.
1
b.
Develop
and
implement
studies,
conduct
analyses,
and
2
engage
in
research
concerning
housing
and
housing
needs.
The
3
information
obtained
from
these
activities
shall
be
made
4
available
to
the
public
and
to
the
building,
housing,
and
5
supply
industries.
6
c.
Cooperate
with
the
Iowa
finance
authority
,
and
7
participate
in
any
of
the
authority’s
programs
.
Use
,
and
use
8
any
funds
obtained
pursuant
to
subsection
1
to
participate
in
9
the
authority’s
programs.
The
division
department
shall
comply
10
with
rules
adopted
by
the
authority
as
the
rules
apply
to
the
11
housing
activities
of
the
division
department
.
12
3.
In
accepting
contributions,
grants,
or
other
financial
13
assistance
from
the
federal
government
relating
to
a
housing
14
activity
of
the
division
department
,
including
construction,
15
operation,
or
maintenance,
or
in
managing
a
housing
project
or
16
undertaking
constructed
or
owned
by
the
federal
government,
the
17
division
department
may
do
any
of
the
following:
18
a.
Comply
with
federally
required
conditions
or
enter
into
19
contracts
or
agreements
as
may
be
necessary,
convenient,
or
20
desirable.
21
b.
Take
any
other
action
necessary
or
desirable
in
order
22
to
secure
the
financial
aid
or
cooperation
of
the
federal
23
government.
24
c.
Include
in
a
contract
with
the
federal
government
for
25
financial
assistance
any
provision
which
the
federal
government
26
may
require
as
a
condition
of
the
assistance
that
is
consistent
27
with
the
provisions
of
this
section
.
28
4.
The
division
department
shall
not
proceed
with
a
housing
29
project
pursuant
to
this
section
,
unless
both
of
the
following
30
conditions
are
met:
31
a.
A
study
for
a
report
which
includes
recommendations
32
concerning
the
housing
available
within
a
community
is
publicly
33
issued
by
the
division
department
.
The
study
shall
be
included
34
in
the
division’s
department’s
recommendations
for
a
housing
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project.
1
b.
The
division’s
department’s
recommendations
are
approved
2
by
a
majority
of
the
city
council
or
board
of
supervisors
3
with
jurisdiction
over
the
geographic
area
affected
by
the
4
recommendations.
5
5.
Property
acquired
or
held
pursuant
to
this
section
6
is
public
property
used
for
essential
public
purposes
and
is
7
declared
to
be
exempt
from
any
tax
or
special
assessment
of
the
8
state
or
any
state
public
body
as
defined
in
section
403A.2
.
9
In
lieu
of
taxes
on
the
property,
the
division
department
may
10
agree
to
make
payments
to
the
state
or
a
state
public
body,
11
including
but
not
limited
to
the
division
department
,
as
the
12
division
department
finds
necessary
to
maintain
the
purpose
of
13
providing
low-cost
housing
in
accordance
with
this
section
.
14
6.
Any
property
owned
or
held
by
the
division
department
15
pursuant
to
this
section
is
exempt
from
levy
and
sale
by
16
execution.
An
execution
or
other
judicial
process
shall
not
be
17
issued
against
the
property
and
a
judgment
against
the
division
18
department
shall
not
be
a
lien
or
charge
against
the
property.
19
However,
the
provisions
of
this
subsection
shall
not
apply
to
20
or
limit
the
right
of
the
federal
government
to
pursue
any
21
remedies
available
under
this
section
.
The
provisions
of
this
22
subsection
shall
also
not
apply
to
or
limit
the
right
of
an
23
obligee
to
take
either
of
the
following
actions:
24
a.
Foreclose
or
otherwise
enforce
a
mortgage
or
other
25
security
executed
or
issued
pursuant
to
this
section
.
26
b.
Pursue
remedies
for
the
enforcement
of
a
pledge
or
lien
27
on
rents,
fees,
or
revenues.
28
7.
In
any
contract
with
the
federal
government
to
provide
29
annual
payments
to
the
division
department
,
the
division
30
department
may
obligate
itself
to
convey
to
the
federal
31
government
possession
of
or
title
to
the
housing
project
32
in
the
event
of
a
substantial
default
as
defined
in
the
33
contract
and
with
respect
to
the
covenant
or
conditions
to
34
which
the
division
department
is
subject.
The
obligation
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shall
be
specifically
enforceable
and
shall
not
constitute
a
1
mortgage.
The
contract
may
also
provide
that
in
the
event
of
2
a
conveyance,
the
federal
government
may
complete,
operate,
3
manage,
lease,
convey,
or
otherwise
deal
with
the
housing
4
project
and
funds
in
accordance
with
the
terms
of
the
contract.
5
However,
the
contract
shall
require
that,
as
soon
as
is
6
practicable
after
the
federal
government
is
satisfied
that
all
7
defaults
with
respect
to
the
housing
project
are
cured
and
the
8
housing
project
will
be
operated
in
accordance
with
the
terms
9
of
the
contract,
the
federal
government
shall
reconvey
the
10
housing
project
to
the
division
department
.
11
8.
The
division
department
shall
not
undertake
a
housing
12
project
pursuant
to
this
section
until
a
public
hearing
has
13
been
held.
At
the
hearing,
the
division
department
shall
14
notify
the
public
of
the
proposed
project’s
name,
location,
15
number
of
living
units
proposed,
and
approximate
cost.
Notice
16
of
the
public
hearing
shall
be
published
at
least
once
in
a
17
newspaper
of
general
circulation
at
least
fifteen
days
prior
to
18
the
date
set
for
the
hearing.
19
Sec.
467.
Section
225C.47,
subsection
2,
Code
2023,
is
20
amended
to
read
as
follows:
21
2.
A
comprehensive
family
support
program
is
created
in
the
22
department
of
human
services
to
provide
a
statewide
system
of
23
services
and
support
to
eligible
families.
The
program
shall
24
be
implemented
in
a
manner
which
enables
a
family
member
of
25
an
individual
with
a
disability
to
identify
the
services
and
26
support
needed
to
enable
the
individual
to
reside
with
the
27
individual’s
family,
to
function
more
independently,
and
to
28
increase
the
individual’s
integration
into
the
community.
29
Sec.
468.
Section
225C.49,
Code
2023,
is
amended
to
read
as
30
follows:
31
225C.49
Departmental
duties
concerning
services
to
32
individuals
with
a
disability.
33
1.
The
department
shall
provide
coordination
of
the
34
programs
administered
by
the
department
which
serve
individuals
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with
a
disability
and
the
individuals’
families,
including
but
1
not
limited
to
the
following
juvenile
justice
and
child
welfare
2
services:
family-centered
services
described
under
section
3
232.102
,
decategorization
of
child
welfare
funding
provided
4
for
under
section
232.188
,
and
foster
care
services
paid
under
5
section
234.35,
subsection
3
.
The
department
shall
regularly
6
review
administrative
rules
associated
with
such
programs
7
and
make
recommendations
to
the
council
on
human
services
,
8
governor,
and
general
assembly
for
revisions
to
remove
barriers
9
to
the
programs
for
individuals
with
a
disability
and
the
10
individuals’
families
including
the
following:
11
a.
Eligibility
prerequisites
which
require
declaring
the
12
individual
at
risk
of
abuse,
neglect,
or
out-of-home
placement.
13
b.
Time
limits
on
services
which
restrict
addressing
ongoing
14
needs
of
individuals
with
a
disability
and
their
families.
15
2.
The
department
shall
coordinate
the
department’s
16
programs
and
funding
utilized
by
individuals
with
a
disability
17
and
their
families
with
other
state
and
local
programs
and
18
funding
directed
to
individuals
with
a
disability
and
their
19
families.
20
3.
In
implementing
the
provisions
of
this
section
,
the
21
department
shall
do
all
of
the
following:
22
a.
Compile
information
concerning
services
and
other
support
23
available
to
individuals
with
a
disability
and
their
families.
24
Make
the
information
available
to
individuals
with
a
disability
25
and
their
families
and
department
staff.
26
b.
Utilize
internal
training
resources
or
contract
for
27
additional
training
of
staff
concerning
the
information
28
under
paragraph
“a”
and
training
of
families
and
individuals
29
as
necessary
to
implement
the
family
support
subsidy
and
30
comprehensive
family
support
programs
under
this
chapter
.
31
4.
The
department
shall
designate
one
individual
whose
sole
32
duties
are
to
provide
central
coordination
of
the
programs
33
under
sections
225C.36
and
225C.47
and
to
oversee
development
34
and
implementation
of
the
programs.
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Sec.
469.
Section
225C.51,
Code
2023,
is
amended
to
read
as
1
follows:
2
225C.51
Children’s
behavioral
health
system
state
board.
3
1.
A
children’s
behavioral
health
system
state
board
4
is
created
as
the
state
body
to
provide
guidance
on
the
5
implementation
and
management
of
a
children’s
behavioral
health
6
system
for
the
provision
of
services
to
children
with
a
serious
7
emotional
disturbance.
State
board
members
shall
be
appointed
8
on
the
basis
of
interest
and
experience
in
the
fields
of
9
children’s
behavioral
health
to
ensure
adequate
representation
10
from
persons
with
life
experiences
and
from
persons
11
knowledgeable
about
children’s
behavioral
health
services.
The
12
department
shall
provide
support
to
the
state
board,
and
the
13
board
may
utilize
staff
support
and
other
assistance
provided
14
to
the
state
board
by
other
persons.
The
state
board
shall
15
meet
at
least
four
times
per
year.
The
membership
of
the
state
16
board
shall
consist
of
the
following
persons:
17
a.
The
director
of
the
department
of
health
and
human
18
services
or
the
director’s
designee.
19
b.
The
director
of
the
department
of
education
or
the
20
director’s
designee.
21
c.
The
director
of
the
department
of
public
health
or
the
22
director’s
designee.
23
d.
c.
The
director
of
workforce
development
or
the
24
director’s
designee.
25
e.
d.
A
member
of
the
mental
health
and
disability
services
26
commission.
27
f.
e.
Members
appointed
by
the
governor
who
are
active
28
members
of
each
of
the
indicated
groups:
29
(1)
One
member
shall
be
selected
from
nominees
submitted
by
30
the
state
court
administrator.
31
(2)
One
member
shall
be
selected
from
nominees
submitted
by
32
the
early
childhood
Iowa
office
program
in
the
department
of
33
management
.
34
(3)
One
member
shall
be
a
board
member
or
an
employee
of
a
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provider
of
mental
health
services
to
children.
1
(4)
One
member
shall
be
a
board
member
or
an
employee
of
a
2
provider
of
child
welfare
services.
3
(5)
One
member
shall
be
an
administrator
of
an
area
4
education
agency.
5
(6)
One
member
shall
be
an
educator,
counselor,
or
6
administrator
of
a
school
district.
7
(7)
One
member
shall
be
a
representative
of
an
established
8
advocacy
organization
whose
mission
or
purpose
it
is,
in
part,
9
to
further
goals
related
to
children’s
mental
health.
10
(8)
One
member
shall
be
a
parent
or
guardian
of
a
child
11
currently
utilizing
or
who
has
utilized
behavioral
health
12
services.
13
(9)
One
member
shall
be
a
sheriff.
14
(10)
One
member
shall
be
a
pediatrician.
15
(11)
One
member
shall
be
a
representative
from
a
health
care
16
system.
17
(12)
One
member
shall
be
a
chief
executive
officer
of
a
18
mental
health
and
disability
services
region.
19
g.
f.
In
addition
to
the
voting
members,
the
membership
20
shall
include
four
members
of
the
general
assembly
with
one
21
member
designated
by
each
of
the
following:
the
majority
22
leader
of
the
senate,
the
minority
leader
of
the
senate,
the
23
speaker
of
the
house
of
representatives,
and
the
minority
24
leader
of
the
house
of
representatives.
A
legislative
member
25
serves
for
a
term
as
provided
in
section
69.16B
in
a
nonvoting,
26
ex
officio
capacity
and
is
not
eligible
for
per
diem
and
27
expenses
as
provided
in
section
2.10
.
28
2.
Members
appointed
by
the
governor
shall
serve
four-year
29
staggered
terms
and
are
subject
to
confirmation
by
the
senate.
30
The
four-year
terms
shall
begin
and
end
as
provided
in
section
31
69.19
.
Vacancies
on
the
state
board
shall
be
filled
as
32
provided
in
section
2.32
.
A
member
shall
not
be
appointed
for
33
more
than
two
consecutive
four-year
terms.
34
3.
The
director
of
the
department
of
human
services
and
the
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director
of
the
department
of
education,
or
their
designees,
1
shall
serve
as
co-chairpersons
of
the
state
board.
Board
2
members
shall
not
be
entitled
to
a
per
diem
as
specified
in
3
section
7E.6
and
shall
not
be
entitled
to
actual
and
necessary
4
expenses
incurred
while
engaged
in
their
official
duties.
5
Sec.
470.
Section
225C.52,
subsection
1,
Code
2023,
is
6
amended
to
read
as
follows:
7
1.
Advise
the
administrator
director
on
the
administration
8
of
the
children’s
behavioral
health
system.
9
Sec.
471.
Section
225D.1,
subsection
6,
Code
2023,
is
10
amended
to
read
as
follows:
11
6.
“Department”
means
the
department
of
health
and
human
12
services.
13
Sec.
472.
Section
226.1,
Code
2023,
is
amended
to
read
as
14
follows:
15
226.1
Official
designation
——
definitions.
16
1.
The
state
hospitals
for
persons
with
mental
illness
shall
17
be
designated
as
follows:
18
a.
Mental
Health
Institute,
Independence,
Iowa.
19
b.
Mental
Health
Institute,
Cherokee,
Iowa.
20
2.
a.
The
purpose
of
the
mental
health
institutes
is
to
21
operate
as
regional
resource
centers
providing
one
or
more
of
22
the
following:
23
(1)
Treatment,
training,
care,
habilitation,
and
support
of
24
persons
with
mental
illness
or
a
substance
abuse
problem
use
25
disorder
.
26
(2)
Facilities,
services,
and
other
support
to
the
27
communities
located
in
the
region
being
served
by
a
mental
28
health
institute
so
as
to
maximize
the
usefulness
of
the
mental
29
health
institutes
while
minimizing
overall
costs.
30
(3)
A
unit
for
the
civil
commitment
of
sexually
violent
31
predators
committed
to
the
custody
of
the
director
of
human
32
services
pursuant
to
chapter
229A
.
33
b.
In
addition,
the
mental
health
institutes
are
encouraged
34
to
act
as
a
training
resource
for
community-based
program
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staff,
medical
students,
and
other
participants
in
professional
1
education
programs.
2
3.
A
mental
health
institute
may
request
the
approval
of
the
3
council
on
human
services
to
change
the
name
of
the
institution
4
for
use
in
communication
with
the
public,
in
signage,
and
in
5
other
forms
of
communication.
6
4.
For
the
purposes
of
this
chapter
,
unless
the
context
7
otherwise
requires:
8
a.
“Administrator”
means
the
person
assigned
by
the
9
director
of
human
services
to
control
the
state
mental
health
10
institutes.
“Council”
means
the
council
on
health
and
human
11
services.
12
b.
“Department”
means
the
department
of
health
and
human
13
services.
14
c.
“Director”
means
the
director
of
health
and
human
15
services.
16
c.
d.
“Mental
health
and
disability
services
region”
means
17
a
mental
health
and
disability
services
region
formed
in
18
accordance
with
section
331.389
.
19
e.
“Mental
health
institute”
or
“state
mental
health
20
institute”
means
a
state
hospital
for
persons
with
mental
21
illness
as
designated
in
this
chapter.
22
d.
f.
“Regional
administrator”
means
the
regional
23
administrator
of
a
mental
health
and
disability
services
24
region,
same
as
defined
in
section
331.388
.
25
Sec.
473.
Section
226.4,
Code
2023,
is
amended
to
read
as
26
follows:
27
226.4
Salary
of
superintendent.
28
The
salary
of
the
superintendent
of
each
hospital
mental
29
health
institute
shall
be
determined
by
the
administrator
30
director
.
31
Sec.
474.
Section
226.5,
Code
2023,
is
amended
to
read
as
32
follows:
33
226.5
Superintendent
as
witness.
34
The
superintendents
and
assistant
physicians
of
said
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hospitals
the
mental
health
institutes
,
when
called
as
1
witnesses
in
any
court,
shall
be
paid
the
same
mileage
which
2
other
witnesses
are
paid
and
in
addition
thereto
shall
be
paid
3
a
fee
of
twenty-five
dollars
per
day,
said
the
fee
to
revert
to
4
the
support
fund
of
the
hospital
mental
health
institute
the
5
superintendent
or
assistant
physician
serves.
6
Sec.
475.
Section
226.6,
Code
2023,
is
amended
to
read
as
7
follows:
8
226.6
Duties
of
superintendent.
9
The
superintendent
shall:
10
1.
Have
the
control
of
the
medical,
mental,
moral,
and
11
dietetic
treatment
of
the
patients
in
the
superintendent’s
12
custody
subject
to
the
approval
of
the
administrator
director
.
13
2.
Require
all
subordinate
officers
and
employees
to
14
perform
their
respective
duties.
15
3.
Have
an
official
seal
with
the
name
of
the
hospital
16
mental
health
institute
and
the
word
“Iowa”
thereon
and
on
17
the
seal.
The
superintendent
may
affix
the
same
seal
to
all
18
notices,
orders
of
discharge,
or
other
papers
required
to
be
19
given
by
the
superintendent.
20
4.
Keep
proper
books
in
which
shall
be
entered
all
moneys
21
and
supplies
received
on
account
of
any
patient
and
a
detailed
22
account
of
the
disposition
of
the
same
all
moneys
and
supplies
.
23
Sec.
476.
Section
226.7,
subsection
1,
paragraph
a,
24
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
25
follows:
26
Preference
in
the
reception
of
patients
into
said
hospitals
27
the
mental
health
institutes
shall
be
exercised
in
the
28
following
order:
29
Sec.
477.
Section
226.8,
subsection
1,
paragraph
b,
Code
30
2023,
is
amended
to
read
as
follows:
31
b.
If
determined
appropriate
for
the
person
at
the
32
sole
discretion
of
the
director
of
human
services,
the
33
administrator,
or
the
director’s
or
administrator’s
designee.
34
Sec.
478.
Section
226.9,
Code
2023,
is
amended
to
read
as
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follows:
1
226.9
Custody
of
patient.
2
The
superintendent,
upon
the
receipt
of
a
duly
executed
3
order
of
admission
of
a
patient
into
the
hospital
for
persons
4
with
mental
illness
a
state
mental
health
institute
,
pursuant
5
to
section
229.13
,
shall
take
such
the
patient
into
custody
and
6
restrain
the
patient
as
provided
by
law
and
the
rules
of
the
7
administrator
department
,
without
liability
on
the
part
of
such
8
superintendent
and
all
other
officers
of
the
hospital
mental
9
health
institute
to
prosecution
of
any
kind
on
account
thereof
,
10
but
no
person
shall
be
detained
in
the
hospital
mental
health
11
institute
who
is
found
by
the
superintendent
to
be
in
good
12
mental
health.
13
Sec.
479.
Section
226.10,
Code
2023,
is
amended
to
read
as
14
follows:
15
226.10
Equal
treatment.
16
The
patients
of
the
state
mental
health
institutes,
17
according
to
their
different
conditions
of
mind
and
body,
and
18
their
respective
needs,
shall
be
provided
for
and
treated
19
with
equal
care.
If
in
addition
to
mental
illness
a
patient
20
has
a
co-occurring
intellectual
disability,
brain
injury,
or
21
substance
abuse
use
disorder,
the
care
provided
shall
also
22
address
the
co-occurring
needs.
23
Sec.
480.
Section
226.11,
Code
2023,
is
amended
to
read
as
24
follows:
25
226.11
Special
care
permitted.
26
Patients
may
have
such
special
care
as
may
be
agreed
upon
27
with
the
superintendent,
if
the
friends
or
relatives
of
the
28
patient
will
pay
the
expense
thereof
of
the
special
care
.
29
Charges
for
such
special
care
and
attendance
shall
be
paid
30
quarterly
in
advance.
31
Sec.
481.
Section
226.12,
Code
2023,
is
amended
to
read
as
32
follows:
33
226.12
Monthly
reports.
34
The
administrator
director
shall
assure
that
the
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superintendent
of
each
institute
provides
monthly
reports
1
concerning
the
programmatic,
environmental,
and
fiscal
2
condition
of
the
mental
health
institute.
The
administrator
3
director
or
the
administrator’s
director’s
designee
shall
4
periodically
visit
each
institute
to
validate
the
information.
5
Sec.
482.
Section
226.13,
Code
2023,
is
amended
to
read
as
6
follows:
7
226.13
Patients
allowed
to
write.
8
The
name
and
address
of
the
administrator
director
shall
9
be
kept
posted
in
every
ward
in
each
hospital
mental
health
10
institute
.
Every
patient
shall
be
allowed
to
write
once
a
week
11
what
the
patient
pleases
to
said
administrator
the
director
12
and
to
any
other
person.
The
superintendent
may
send
letters
13
addressed
to
other
parties
to
the
administrator
director
for
14
inspection
before
forwarding
them
to
the
individual
addressed.
15
Sec.
483.
Section
226.14,
Code
2023,
is
amended
to
read
as
16
follows:
17
226.14
Writing
material.
18
Every
patient
shall
be
furnished
by
the
superintendent
or
19
party
having
charge
of
such
person
the
patient
,
at
least
once
20
in
each
week,
with
suitable
materials
for
writing,
enclosing,
21
sealing,
and
mailing
letters,
if
the
patient
requests
and
uses
22
the
same
materials
.
23
Sec.
484.
Section
226.15,
Code
2023,
is
amended
to
read
as
24
follows:
25
226.15
Letters
to
administrator
director
.
26
The
superintendent
or
other
officer
in
charge
of
a
patient
27
shall,
without
reading
the
same
letters
,
receive
all
letters
28
addressed
to
the
administrator
director
,
if
so
requested,
and
29
shall
properly
mail
the
same
letters
,
and
deliver
to
such
30
patient
all
letters
or
other
writings
addressed
to
the
patient.
31
Letters
written
to
the
person
so
confined
patient
may
be
32
examined
by
the
superintendent,
and
if,
in
the
superintendent’s
33
opinion,
the
delivery
of
such
letters
would
be
injurious
to
the
34
person
so
confined
patient
,
the
superintendent
shall
return
the
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letters
to
the
writer
with
the
superintendent’s
reasons
for
not
1
delivering
them
the
letters
.
2
Sec.
485.
Section
226.16,
Code
2023,
is
amended
to
read
as
3
follows:
4
226.16
Unauthorized
departure
and
retaking.
5
It
shall
be
the
duty
of
the
The
superintendent
and
of
all
6
other
officers
and
employees
of
any
of
said
hospitals
mental
7
health
institute
,
in
case
of
the
unauthorized
departure
of
8
any
involuntarily
hospitalized
patient,
to
shall
exercise
9
all
due
diligence
to
take
into
protective
custody
and
return
10
said
the
patient
to
the
hospital
mental
health
institute
.
11
A
notification
by
the
superintendent
of
such
unauthorized
12
departure
to
any
peace
officer
of
the
state
or
to
any
private
13
person
shall
be
sufficient
authority
to
such
officer
or
person
14
to
take
and
return
such
the
patient
to
the
hospital
mental
15
health
institute
.
16
Sec.
486.
Section
226.17,
Code
2023,
is
amended
to
read
as
17
follows:
18
226.17
Expense
attending
retaking.
19
All
actual
and
necessary
expenses
incurred
in
the
taking
20
into
protective
custody,
restraint,
and
return
to
the
hospital
21
mental
health
institute
of
the
patient
shall
be
paid
on
22
itemized
vouchers,
sworn
to
by
the
claimants
and
approved
by
23
the
business
manager
and
the
administrator
director
or
the
24
director’s
designee
,
from
any
moneys
in
the
state
treasury
not
25
otherwise
appropriated.
26
Sec.
487.
Section
226.18,
Code
2023,
is
amended
to
read
as
27
follows:
28
226.18
Investigation
as
to
mental
health.
29
The
administrator
director
may
investigate
the
mental
30
condition
of
any
patient
and
shall
discharge
any
person,
if,
in
31
the
administrator’s
director’s
opinion,
such
the
person
is
not
32
mentally
ill,
or
can
be
cared
for
after
such
discharge
without
33
danger
to
others,
and
with
benefit
to
the
patient
;
but
in
.
In
34
determining
whether
such
the
patient
shall
be
discharged,
the
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recommendation
of
the
superintendent
shall
be
secured.
If
the
1
administrator
director
orders
the
discharge
of
an
involuntarily
2
hospitalized
patient,
the
discharge
shall
be
by
the
procedure
3
prescribed
in
section
229.16
.
The
power
to
investigate
the
4
mental
condition
of
a
patient
is
merely
permissive,
and
does
5
not
repeal
or
alter
any
statute
respecting
the
discharge
or
6
commitment
of
patients
of
the
state
hospitals
mental
health
7
institutes
.
8
Sec.
488.
Section
226.22,
Code
2023,
is
amended
to
read
as
9
follows:
10
226.22
Clothing
furnished.
11
Upon
such
discharge
,
the
business
manager
department
shall
12
furnish
such
the
person
discharged
,
unless
otherwise
supplied,
13
with
suitable
clothing
and
a
sum
of
money
not
exceeding
twenty
14
dollars,
which
shall
be
charged
with
the
other
expenses
of
such
15
the
patient
in
the
hospital
mental
health
institute
.
16
Sec.
489.
Section
226.23,
Code
2023,
is
amended
to
read
as
17
follows:
18
226.23
Convalescent
leave
of
patients.
19
Upon
the
recommendation
of
the
superintendent
and
in
20
accordance
with
section
229.15,
subsection
5
,
in
the
case
of
21
an
involuntary
patient,
the
administrator
director
may
place
22
the
patient
on
convalescent
leave
said
patient
for
a
period
not
23
to
exceed
one
year,
under
such
conditions
as
are
prescribed
by
24
said
administrator
the
director
.
25
Sec.
490.
Section
226.26,
Code
2023,
is
amended
to
read
as
26
follows:
27
226.26
Dangerous
patients.
28
The
administrator
director
,
on
the
recommendation
of
the
29
superintendent,
and
on
the
application
of
the
relatives
or
30
friends
of
a
patient
who
is
not
cured
and
who
cannot
be
safely
31
allowed
to
go
at
liberty,
may
release
the
patient
when
fully
32
satisfied
that
the
relatives
or
friends
will
provide
and
33
maintain
all
necessary
supervision,
care,
and
restraint
over
34
the
patient.
If
the
patient
being
released
was
involuntarily
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hospitalized,
the
consent
of
the
district
court
which
ordered
1
the
patient’s
hospitalization
placement
shall
be
obtained
in
2
advance
in
substantially
the
manner
prescribed
by
section
3
229.14
.
4
Sec.
491.
Section
226.27,
Code
2023,
is
amended
to
read
as
5
follows:
6
226.27
Patient
accused
or
acquitted
of
crime
or
awaiting
7
judgment.
8
If
a
patient
was
committed
to
a
state
hospital
mental
health
9
institute
for
evaluation
or
treatment
under
chapter
812
or
the
10
rules
of
criminal
procedure,
further
proceedings
shall
be
had
11
under
chapter
812
or
the
applicable
rule
when
the
evaluation
12
has
been
completed
or
the
patient
has
regained
mental
capacity,
13
as
the
case
may
be.
14
Sec.
492.
Section
226.30,
Code
2023,
is
amended
to
read
as
15
follows:
16
226.30
Transfer
of
dangerous
patients.
17
When
a
patient
of
any
hospital
for
persons
with
mental
18
illness
health
institute
becomes
incorrigible
and
unmanageable
19
to
such
an
extent
that
the
patient
is
dangerous
to
the
safety
20
of
others
in
the
hospital
institute
,
the
administrator
21
director
,
with
the
consent
of
the
director
of
the
Iowa
22
department
of
corrections,
may
apply
in
writing
to
the
district
23
court
or
to
any
judge
thereof
of
the
district
court
,
of
24
the
county
in
which
the
hospital
institute
is
situated,
for
25
an
order
to
transfer
the
patient
to
the
Iowa
medical
and
26
classification
center
and
if
the
order
is
granted
the
patient
27
shall
be
so
transferred.
The
county
attorney
of
the
county
28
shall
appear
in
support
of
the
application
on
behalf
of
the
29
administrator
director
.
30
Sec.
493.
Section
226.32,
Code
2023,
is
amended
to
read
as
31
follows:
32
226.32
Overcrowded
conditions.
33
The
administrator
director
shall
order
the
discharge
or
34
removal
from
the
hospital
mental
health
institute
of
incurable
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and
harmless
patients
whenever
it
is
necessary
to
make
room
1
for
recent
cases.
If
a
patient
who
is
to
be
so
discharged
2
entered
the
hospital
mental
health
institute
voluntarily,
the
3
administrator
director
shall
notify
the
regional
administrator
4
for
the
county
interested
at
least
ten
days
in
advance
of
the
5
day
of
actual
discharge.
6
Sec.
494.
Section
226.33,
Code
2023,
is
amended
to
read
as
7
follows:
8
226.33
Notice
to
court.
9
When
a
patient
who
was
hospitalized
involuntarily
and
who
10
has
not
fully
recovered
is
discharged
from
the
hospital
mental
11
health
institute
by
the
administrator
director
under
section
12
226.32
,
notice
of
the
order
shall
at
once
be
sent
to
the
court
13
which
ordered
the
patient’s
hospitalization,
in
the
manner
14
prescribed
by
section
229.14
.
15
Sec.
495.
Section
226.40,
Code
2023,
is
amended
to
read
as
16
follows:
17
226.40
Emergency
patients.
18
In
case
of
emergency
disaster,
with
the
infliction
of
19
numerous
casualties
among
the
civilian
population,
the
mental
20
health
institutes
are
authorized
to
may
accept
sick
and
wounded
21
persons
without
commitment
or
any
other
formalities.
22
Sec.
496.
Section
226.41,
Code
2023,
is
amended
to
read
as
23
follows:
24
226.41
Charge
permitted.
25
The
hospital
is
authorized
to
make
a
mental
health
institute
26
may
charge
for
patients
admitted
under
section
226.40
,
in
the
27
manner
provided
by
law
and
subject
to
the
changes
provided
in
28
section
226.42
.
29
Sec.
497.
Section
226.42,
Code
2023,
is
amended
to
read
as
30
follows:
31
226.42
Emergency
powers
of
superintendents.
32
In
case
the
mental
health
institutes
lose
contact
with
33
the
statehouse
seat
of
government
,
due
to
enemy
action
or
34
otherwise,
the
superintendents
of
the
institutes
are
hereby
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delegated
the
following
powers
and
duties
may
do
any
of
the
1
following
:
2
1.
May
collect
Collect
moneys
due
the
state
treasury
from
3
the
counties
and
from
responsible
persons
or
other
relatives,
4
these
funds
to
be
collected
monthly,
instead
of
quarterly,
and
5
to
be
deposited
for
use
in
operating
the
institutes.
6
2.
The
superintendent
shall
have
the
power
to
requisition
7
Requisition
supplies,
such
as
food,
fuel,
drugs
and
medical
8
equipment,
from
any
source
available,
in
the
name
of
the
state,
9
with
the
power
to
and
enter
into
contracts
binding
the
state
10
for
payment
at
an
indefinite
future
time.
11
3.
The
superintendent
shall
be
authorized
to
employ
Employ
12
personnel
in
all
categories
and
for
whatever
remuneration
the
13
superintendent
deems
necessary,
without
regard
to
existing
14
laws,
rules
,
or
regulations,
in
order
to
permit
the
institute
15
to
continue
its
old
existing
functions
,
as
well
as
and
meet
its
16
additional
responsibilities.
17
Sec.
498.
Section
226.43,
Code
2023,
is
amended
to
read
as
18
follows:
19
226.43
Fund
created.
20
There
is
hereby
established
at
each
hospital
mental
health
21
institute
a
fund
known
as
the
“patients’
personal
deposit
22
fund”.
23
Sec.
499.
Section
226.44,
Code
2023,
is
amended
to
read
as
24
follows:
25
226.44
Deposits.
26
Any
funds,
including
social
security
benefits,
coming
into
27
the
possession
of
the
superintendent
or
any
employee
of
the
28
hospital
mental
health
institute
belonging
to
any
patient
in
29
that
hospital
mental
health
institute
,
shall
be
deposited
in
30
the
name
of
that
patient
in
the
patients’
personal
deposit
31
fund,
except
that
if
a
guardian
of
the
property
of
that
patient
32
has
been
appointed,
the
guardian
shall
have
the
right
to
demand
33
and
receive
such
funds.
Funds
belonging
to
a
patient
deposited
34
in
the
patients’
personal
deposit
fund
may
be
used
for
the
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purchase
of
personal
incidentals,
desires
and
comforts
for
the
1
patient.
2
Sec.
500.
Section
226.45,
Code
2023,
is
amended
to
read
as
3
follows:
4
226.45
Reimbursement
to
county
or
state.
5
If
a
patient
is
not
receiving
medical
assistance
under
6
chapter
249A
and
the
amount
in
the
account
of
any
patient
7
in
the
patients’
personal
deposit
fund
exceeds
two
hundred
8
dollars,
the
business
manager
of
the
hospital
mental
health
9
institute
may
apply
any
of
the
excess
to
reimburse
the
county
10
of
residence
or
the
state
when
the
patient
is
a
resident
in
11
another
state
or
in
a
foreign
country,
or
when
the
patient’s
12
residence
is
unknown,
for
liability
incurred
by
the
county
or
13
the
state
for
the
payment
of
care,
support,
and
maintenance
of
14
the
patient,
when
billed
by
the
county
of
residence
or
by
the
15
administrator
when
the
patient
is
a
resident
in
another
state
16
or
in
a
foreign
country,
or
when
the
patient’s
residence
is
17
unknown
department
.
18
Sec.
501.
Section
226.46,
Code
2023,
is
amended
to
read
as
19
follows:
20
226.46
Deposit
of
fund.
21
The
business
manager
department
shall
deposit
the
patients’
22
personal
deposit
fund
in
a
commercial
account
of
a
bank
of
23
reputable
standing.
When
deposits
in
the
commercial
account
24
exceed
average
monthly
withdrawals,
the
business
manager
25
department
may
deposit
the
excess
at
interest.
The
savings
26
account
shall
be
in
the
name
of
the
patients’
personal
deposit
27
fund
and
interest
paid
thereon
on
the
account
may
be
used
for
28
recreational
purposes
at
the
hospital
mental
health
institute
.
29
Sec.
502.
Section
227.1,
Code
2023,
is
amended
to
read
as
30
follows:
31
227.1
Definitions
——
supervision.
32
1.
For
the
purposes
of
this
chapter
,
unless
the
context
33
otherwise
requires:
34
a.
“Administrator”
means
the
person
assigned
by
the
director
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of
human
services
in
the
appropriate
division
of
the
department
1
to
administer
mental
health
and
disability
services.
“County
2
care
facility”
means
a
county
care
facility
operated
under
3
chapter
347B.
4
b.
“Department”
means
the
department
of
health
and
human
5
services.
6
c.
“Director”
means
the
director
of
health
and
human
7
services.
8
d.
“Facility”
includes
a
county
care
facility
and
a
private
9
or
county
facility,
including
a
hospital,
for
persons
with
10
mental
illness
or
an
intellectual
disability.
11
c.
e.
“Mental
health
and
disability
services
region”
means
12
a
mental
health
and
disability
services
region
formed
in
13
accordance
with
section
331.389
.
14
f.
“Patient”
means
a
person
receiving
care
in
a
facility
or
15
a
state
mental
health
institute.
16
d.
g.
“Regional
administrator”
means
the
regional
17
administrator
of
a
mental
health
and
disability
services
18
region,
same
as
defined
in
section
331.388
.
19
h.
“Resident”
means
a
person
cared
for
in
a
county
care
20
facility.
21
2.
The
regulatory
requirements
for
county
and
private
22
institutions
facilities
where
persons
with
mental
illness
or
23
an
intellectual
disability
are
admitted,
committed,
or
placed
24
shall
be
administered
by
the
administrator
department
.
25
Sec.
503.
Section
227.2,
Code
2023,
is
amended
to
read
as
26
follows:
27
227.2
Inspection.
28
1.
The
director
of
inspections
,
and
appeals
,
and
licensing
29
shall
make,
or
cause
to
be
made,
at
least
one
licensure
30
inspection
each
year
of
every
county
care
facility.
Either
31
the
administrator
of
the
division
director
or
the
director
of
32
the
department
of
inspections
,
and
appeals
,
and
licensing
,
in
33
cooperation
with
each
other,
upon
receipt
of
a
complaint
or
for
34
good
cause,
may
make,
or
cause
to
be
made,
a
review
of
a
county
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care
facility
or
of
any
other
private
or
county
institution
1
facility
where
persons
with
mental
illness
or
an
intellectual
2
disability
are
admitted
or
reside.
A
licensure
inspection
3
or
a
review
shall
be
made
by
a
competent
and
disinterested
4
person
who
is
acquainted
with
and
interested
in
the
care
of
5
persons
with
mental
illness
and
persons
with
an
intellectual
6
disability.
The
objective
of
a
licensure
inspection
or
a
7
review
shall
be
an
evaluation
of
the
programming
and
treatment
8
provided
by
the
facility.
After
each
licensure
inspection
of
9
a
county
care
facility,
the
person
who
made
the
inspection
10
shall
consult
with
the
regional
administrator
for
the
county
11
in
which
the
facility
is
located
on
plans
and
practices
that
12
will
improve
the
care
given
patients
residents
.
The
person
13
shall
also
make
recommendations
to
the
administrator
of
the
14
division
and
the
director
of
public
health
for
coordinating
15
and
improving
the
relationships
between
the
administrators
of
16
county
care
facilities,
the
administrator
of
the
division,
17
the
director
of
public
health,
the
superintendents
of
state
18
mental
health
institutes
and
resource
centers,
community
19
mental
health
centers,
mental
health
and
disability
services
20
regions,
and
other
cooperating
agencies,
to
cause
improved
21
and
more
satisfactory
care
of
patients.
A
written
report
of
22
each
licensure
inspection
of
a
county
care
facility
under
this
23
section
shall
be
filed
by
the
person
with
the
administrator
of
24
the
division
and
the
director
of
public
health
department
and
25
shall
include:
26
a.
The
capacity
of
the
institution
facility
for
the
care
of
27
residents.
28
b.
The
number,
sex,
ages,
and
primary
diagnoses
of
the
29
residents.
30
c.
The
care
of
residents,
their
food,
clothing,
treatment
31
plan,
employment,
and
opportunity
for
recreational
activities
32
and
for
productive
work
intended
primarily
as
therapeutic
33
activity.
34
d.
The
number,
job
classification,
sex,
duties,
and
salaries
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of
all
employees.
1
e.
The
cost
to
the
state
or
county
of
maintaining
residents
2
in
a
county
care
facility.
3
f.
The
recommendations
given
to
and
received
from
the
4
regional
administrator
on
methods
and
practices
that
will
5
improve
the
conditions
under
which
the
county
care
facility
is
6
operated.
7
g.
Any
failure
to
comply
with
standards
adopted
under
8
section
227.4
for
care
of
persons
with
mental
illness
and
9
persons
with
an
intellectual
disability
in
county
care
10
facilities,
which
is
not
covered
in
information
submitted
11
pursuant
to
paragraphs
“a”
through
“f”
,
and
any
other
matters
12
which
the
director
of
public
health,
in
consultation
with
the
13
administrator
of
the
division,
may
require.
14
2.
A
copy
of
the
written
report
prescribed
by
subsection
1
15
shall
be
furnished
to
the
county
board
of
supervisors,
to
the
16
regional
administrator
for
the
county,
to
the
administrator
17
of
the
county
care
facility
inspected
and
to
its
certified
18
volunteer
long-term
care
ombudsman,
and
to
the
department
on
19
aging
.
20
3.
The
department
of
inspections
,
and
appeals
,
and
21
licensing
shall
inform
the
administrator
of
the
division
22
department
of
an
action
by
the
department
of
inspections,
23
appeals,
and
licensing
to
suspend,
revoke,
or
deny
renewal
of
a
24
license
issued
by
the
department
of
inspections
,
and
appeals
,
25
and
licensing
to
a
county
care
facility,
and
the
reasons
for
26
the
action.
27
4.
In
addition
to
the
licensure
inspections
required
or
28
authorized
by
this
section
,
the
administrator
of
the
division
29
department
shall
cause
to
be
made
an
evaluation
of
each
person
30
cared
for
in
a
county
care
facility
at
least
once
each
year
by
31
one
or
more
qualified
mental
health,
intellectual
disability,
32
or
medical
professionals,
whichever
is
appropriate.
33
a.
It
is
the
responsibility
of
the
state
to
secure
the
34
annual
evaluation
for
each
person
who
is
on
convalescent
leave
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or
who
has
not
been
discharged
from
a
state
mental
health
1
institute.
It
is
the
responsibility
of
the
county
to
secure
2
the
annual
evaluation
for
all
other
persons
with
mental
illness
3
in
the
county
care
facility.
4
b.
It
is
the
responsibility
of
the
state
to
secure
the
5
annual
evaluation
for
each
person
who
is
on
leave
and
has
6
not
been
discharged
from
a
state
resource
center.
It
is
the
7
responsibility
of
the
county
to
secure
the
annual
evaluation
8
for
all
other
persons
with
an
intellectual
disability
in
the
9
county
care
facility.
10
c.
It
is
the
responsibility
of
the
county
to
secure
an
11
annual
evaluation
of
each
resident
of
a
county
care
facility
to
12
whom
neither
paragraph
“a”
nor
paragraph
“b”
is
applicable.
13
5.
The
evaluations
required
by
subsection
4
shall
include
14
an
examination
of
each
person
which
shall
reveal
the
person’s
15
condition
of
mental
and
physical
health
and
the
likelihood
16
of
improvement
or
discharge
and
other
recommendations
17
concerning
the
care
of
those
persons
as
the
evaluator
deems
18
pertinent.
One
copy
of
the
evaluation
shall
be
filed
with
the
19
administrator
of
the
division
department
and
one
copy
shall
be
20
filed
with
the
administrator
of
the
county
care
facility.
21
Sec.
504.
Section
227.3,
Code
2023,
is
amended
to
read
as
22
follows:
23
227.3
Residents
to
have
hearing
Resident
and
patient
input
.
24
The
inspector
conducting
any
licensure
inspection
or
review
25
under
section
227.2
shall
give
each
resident
or
patient
an
26
opportunity
to
converse
with
the
inspector
out
of
the
hearing
27
of
any
officer
or
employee
of
the
institution
facility
,
and
28
shall
fully
investigate
all
complaints
and
report
the
result
in
29
writing
to
the
administrator
of
the
division
department
.
The
30
administrator
department
before
acting
on
the
report
adversely
31
to
the
institution
facility
,
shall
give
the
persons
in
charge
a
32
copy
of
the
report
and
an
opportunity
to
be
heard.
33
Sec.
505.
Section
227.4,
Code
2023,
is
amended
to
read
as
34
follows:
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227.4
Standards
for
care
of
persons
with
mental
illness
or
an
1
intellectual
disability
in
county
care
facilities.
2
The
administrator
department
,
in
cooperation
with
the
3
department
of
inspections
and
appeals,
shall
recommend
4
and
the
mental
health
and
disability
services
commission
5
created
in
section
225C.5
shall
adopt,
or
amend
and
adopt,
6
standards
for
the
care
of
and
services
to
persons
with
7
mental
illness
or
an
intellectual
disability
residing
in
8
county
care
facilities.
The
standards
shall
be
enforced
by
9
the
department
of
inspections
and
appeals
as
a
part
of
the
10
licensure
inspection
conducted
pursuant
to
chapter
135C
.
The
11
objective
of
the
standards
is
to
ensure
that
persons
with
12
mental
illness
or
an
intellectual
disability
who
are
residents
13
of
county
care
facilities
are
not
only
adequately
fed,
clothed,
14
and
housed,
but
are
also
offered
reasonable
opportunities
for
15
productive
work
and
recreational
activities
suited
to
their
16
physical
and
mental
abilities
and
offering
both
a
constructive
17
outlet
for
their
energies
and,
if
possible,
therapeutic
18
benefit.
When
recommending
standards
under
this
section
,
the
19
administrator
department
shall
designate
an
advisory
committee
20
representing
administrators
of
county
care
facilities,
regional
21
administrators,
mental
health
and
disability
services
region
22
governing
boards,
and
county
care
facility
certified
volunteer
23
long-term
care
ombudsmen
to
assist
in
the
establishment
of
24
standards.
25
Sec.
506.
Section
227.6,
Code
2023,
is
amended
to
read
as
26
follows:
27
227.6
Removal
of
residents
or
patients
.
28
If
a
county
care
facility
fails
to
comply
with
rules
and
29
standards
adopted
under
this
chapter
,
the
administrator
30
department
may
remove
all
persons
with
mental
illness
and
31
all
persons
with
an
intellectual
disability
cared
for
in
32
the
county
care
facility
at
public
expense,
to
the
proper
33
state
mental
health
institute
or
resource
center,
or
to
34
some
private
or
county
institution
or
hospital
facility
for
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the
care
of
persons
with
mental
illness
or
an
intellectual
1
disability
that
has
complied
with
the
rules
prescribed
by
2
the
administrator
department
.
Residents
being
transferred
3
to
a
state
mental
health
institute
or
resource
center
shall
4
be
accompanied
by
an
attendant
or
attendants
sent
from
the
5
institute
or
resource
center.
If
a
resident
is
transferred
6
under
this
section
,
at
least
one
attendant
shall
be
of
the
7
same
sex.
If
the
administrator
department
finds
that
the
8
needs
of
residents
patients
with
mental
illness
and
residents
9
patients
with
an
intellectual
disability
of
any
other
county
10
or
private
institution
facility
are
not
being
adequately
met,
11
those
residents
patients
may
be
removed
from
that
institution
12
facility
upon
order
of
the
administrator
department
.
13
Sec.
507.
Section
227.7,
Code
2023,
is
amended
to
read
as
14
follows:
15
227.7
Cost
——
collection
from
county.
16
The
cost
of
such
removal,
including
all
expenses
of
said
17
the
attendant,
shall
be
certified
by
the
superintendent
of
the
18
hospital
facility
receiving
the
patient,
to
the
director
of
19
the
department
of
administrative
services,
who
shall
draw
a
20
warrant
upon
the
treasurer
of
state
for
said
sum
the
amount
,
21
which
shall
be
credited
to
the
support
fund
of
said
hospital
22
the
facility
and
charged
against
the
general
revenues
of
the
23
state
and
collected
by
the
director
of
the
department
of
24
administrative
services
from
the
county
which
sent
said
the
25
patient
to
said
institution
the
facility
.
26
Sec.
508.
Section
227.8,
Code
2023,
is
amended
to
read
as
27
follows:
28
227.8
Notification
to
guardians.
29
The
administrator
department
shall
notify
the
guardian,
30
or
one
or
more
of
the
relatives,
of
patients
kept
at
private
31
expense,
of
all
violations
of
said
the
rules
by
said
the
32
private
or
county
institutions
facilities
,
and
of
the
action
of
33
the
administrator
department
as
to
all
other
patients.
34
Sec.
509.
Section
227.9,
Code
2023,
is
amended
to
read
as
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follows:
1
227.9
Investigating
mental
health.
2
Should
When
the
administrator
believe
department
determines
3
that
any
person
in
any
such
county
or
private
institution
4
facility
is
in
good
mental
health,
or
illegally
restrained
5
of
liberty,
the
administrator
department
shall
institute
and
6
prosecute
proceedings
in
the
name
of
the
state,
before
the
7
proper
officer,
board,
or
court,
for
the
discharge
of
such
the
8
person.
9
Sec.
510.
Section
227.10,
Code
2023,
is
amended
to
read
as
10
follows:
11
227.10
Transfers
from
county
or
private
institutions
12
facilities
.
13
Patients
who
have
been
admitted
at
public
expense
to
any
14
institution
facility
to
which
this
chapter
is
applicable
may
15
be
involuntarily
transferred
to
the
proper
state
hospital
for
16
persons
with
mental
illness
health
institute
in
the
manner
17
prescribed
by
sections
229.6
through
229.13
.
The
application
18
required
by
section
229.6
may
be
filed
by
the
administrator
19
of
the
division
director
or
the
administrator’s
director’s
20
designee,
or
by
the
administrator
of
the
institution
facility
21
where
the
patient
is
then
being
maintained
or
treated.
22
If
the
patient
was
admitted
to
that
institution
facility
23
involuntarily,
the
administrator
of
the
division
department
24
may
arrange
and
complete
the
transfer,
and
shall
report
it
25
as
required
of
a
chief
medical
officer
under
section
229.15,
26
subsection
5
.
The
transfer
shall
be
made
at
the
mental
health
27
and
disability
services
region’s
expense,
and
the
expense
28
recovered,
as
provided
in
section
227.7
.
However,
transfer
29
under
this
section
of
a
patient
whose
expenses
are
payable
30
in
whole
or
in
part
by
the
mental
health
and
disability
31
services
region
is
subject
to
an
authorization
for
the
transfer
32
through
the
regional
administrator
for
the
patient’s
county
of
33
residence.
34
Sec.
511.
Section
227.11,
Code
2023,
is
amended
to
read
as
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follows:
1
227.11
Transfers
from
state
hospitals
mental
health
2
institutes
.
3
A
regional
administrator
for
the
county
chargeable
with
4
the
expense
of
a
patient
in
a
state
hospital
for
persons
with
5
mental
illness
health
institute
shall
transfer
the
patient
6
to
a
county
or
private
institution
facility
for
persons
with
7
mental
illness
that
is
in
compliance
with
the
applicable
8
rules
when
the
administrator
of
the
division
director
or
the
9
administrator’s
director’s
designee
orders
the
transfer
on
a
10
finding
that
the
patient
is
suffering
from
a
serious
mental
11
illness
and
will
receive
equal
benefit
by
being
so
transferred.
12
A
mental
health
and
disability
services
region
shall
transfer
13
to
a
county
care
facility
any
patient
in
a
state
hospital
for
14
persons
with
mental
illness
health
institute
upon
request
15
of
the
superintendent
of
the
state
hospital
mental
health
16
institute
in
which
the
patient
is
confined
pursuant
to
the
17
superintendent’s
authority
under
section
229.15,
subsection
5
,
18
and
approval
by
the
regional
administrator
for
the
county
of
19
the
patient’s
residence.
In
no
case
shall
a
patient
be
thus
20
transferred
except
upon
compliance
with
section
229.14A
or
21
without
the
written
consent
of
a
relative,
friend,
or
guardian
22
if
such
relative,
friend,
or
guardian
pays
the
expense
of
23
the
care
of
such
patient
in
a
state
hospital
mental
health
24
institute
.
Patients
transferred
to
a
public
or
private
25
facility
under
this
section
may
subsequently
be
placed
on
26
convalescent
or
limited
leave
or
transferred
to
a
different
27
facility
for
continued
full-time
custody,
care,
and
treatment
28
when,
in
the
opinion
of
the
attending
physician
or
the
chief
29
medical
officer
of
the
hospital
facility
from
which
the
patient
30
was
so
transferred,
the
best
interest
of
the
patient
would
be
31
served
by
such
the
leave
or
transfer.
For
any
patient
who
is
32
involuntarily
committed,
any
transfer
made
under
this
section
33
is
subject
to
the
placement
hearing
requirements
of
section
34
229.14A
.
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Sec.
512.
Section
227.12,
Code
2023,
is
amended
to
read
as
1
follows:
2
227.12
Difference
of
opinion.
3
When
a
difference
of
opinion
exists
between
the
4
administrator
of
the
division
director
and
the
authorities
in
5
charge
of
any
private
or
county
hospital
facility
in
regard
to
6
the
transfer
of
a
patient
as
provided
in
sections
227.10
and
7
227.11
,
the
matter
shall
be
submitted
to
the
district
court
8
of
the
county
in
which
such
hospital
the
facility
is
situated
9
and
shall
be
summarily
tried
as
an
equitable
action,
and
the
10
judgment
of
the
district
court
shall
be
final.
11
Sec.
513.
Section
227.13,
Code
2023,
is
amended
to
read
as
12
follows:
13
227.13
Discharge
of
transferred
patient.
14
Patients
transferred
from
a
state
hospital
mental
health
15
institute
to
such
county
or
private
institutions
facilities
16
shall
not
be
discharged,
when
not
cured,
without
the
consent
of
17
the
administrator
of
the
division
director
.
18
Sec.
514.
Section
227.14,
Code
2023,
is
amended
to
read
as
19
follows:
20
227.14
Caring
for
persons
with
mental
illness
from
other
21
counties.
22
The
regional
administrator
for
a
county
that
does
not
have
23
proper
facilities
for
caring
for
persons
with
mental
illness
24
may,
with
the
consent
of
the
administrator
of
the
division
25
department
,
provide
for
such
care
at
the
expense
of
the
mental
26
health
and
disability
services
region
in
any
convenient
and
27
proper
county
or
private
institution
facility
for
persons
with
28
mental
illness
which
is
willing
to
receive
the
persons.
29
Sec.
515.
Section
227.15,
Code
2023,
is
amended
to
read
as
30
follows:
31
227.15
Authority
to
involuntarily
confine
in
hospital
.
32
No
A
person
shall
not
be
involuntarily
confined
and
33
restrained
in
any
private
institution
or
hospital
or
county
34
hospital
facility
or
other
general
hospital
with
a
psychiatric
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ward
for
the
care
or
treatment
of
persons
with
mental
illness,
1
except
by
the
procedure
prescribed
in
sections
229.6
through
2
229.15
.
3
Sec.
516.
Section
229.1,
Code
2023,
is
amended
to
read
as
4
follows:
5
229.1
Definitions.
6
As
used
in
this
chapter
,
unless
the
context
clearly
requires
7
otherwise:
8
1.
“Administrator”
means
the
administrator
of
the
department
9
of
human
services
assigned,
in
accordance
with
section
10
218.1
,
to
control
the
state
mental
health
institutes,
or
that
11
administrator’s
designee.
12
2.
1.
“Advocate”
means
a
mental
health
advocate.
13
3.
2.
“Auditor”
means
the
county
auditor
or
the
auditor’s
14
designee.
15
4.
3.
“Chemotherapy”
means
treatment
of
an
individual
by
16
use
of
a
drug
or
substance
which
cannot
legally
be
delivered
17
or
administered
to
the
ultimate
user
without
a
physician’s
18
prescription
or
medical
order.
19
5.
4.
“Chief
medical
officer”
means
the
medical
director
in
20
charge
of
a
public
or
private
hospital,
or
that
individual’s
21
physician-designee.
This
chapter
does
not
negate
the
authority
22
otherwise
reposed
by
law
in
the
respective
superintendents
23
of
each
of
the
state
hospitals
for
persons
with
mental
24
illness
health
institutes
,
established
by
chapter
226
,
to
25
make
decisions
regarding
the
appropriateness
of
admissions
or
26
discharges
of
patients
of
that
hospital,
state
mental
health
27
institute;
however
,
it
is
the
intent
of
this
chapter
that
if
28
the
superintendent
is
not
a
licensed
physician
the
decisions
by
29
the
superintendent
shall
be
corroborated
by
the
chief
medical
30
officer
of
the
hospital
mental
health
institute
.
31
6.
5.
“Clerk”
means
the
clerk
of
the
district
court.
32
6.
“Department”
means
the
department
of
health
and
human
33
services.
34
7.
“Director”
means
the
director
of
health
and
human
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services.
1
7.
8.
“Hospital”
means
either
a
public
hospital
or
a
2
private
hospital.
3
8.
9.
“Licensed
physician”
means
an
individual
licensed
4
under
the
provisions
of
chapter
148
to
practice
medicine
and
5
surgery
or
osteopathic
medicine
and
surgery.
6
9.
10.
“Magistrate”
means
the
same
as
defined
in
section
7
801.4
,
subsection
10
.
8
10.
11.
“Mental
health
and
disability
services
region”
9
means
a
mental
health
and
disability
services
region
formed
in
10
accordance
with
section
331.389
.
11
11.
12.
“Mental
health
professional”
means
the
same
as
12
defined
in
section
228.1
.
13
12.
13.
“Mental
illness”
means
every
type
of
mental
14
disease
or
mental
disorder,
except
that
it
does
not
refer
to
15
an
intellectual
disability
as
defined
in
section
4.1
,
or
to
16
insanity,
diminished
responsibility,
or
mental
incompetency
as
17
the
terms
are
defined
and
used
in
the
Iowa
criminal
code
or
in
18
the
rules
of
criminal
procedure,
Iowa
court
rules.
19
13.
14.
“Patient”
means
a
person
who
has
been
hospitalized
20
or
ordered
hospitalized
to
receive
treatment
pursuant
to
21
section
229.14
.
22
14.
15.
“Private
hospital”
means
any
hospital
or
23
institution
facility
not
directly
supported
by
public
funds,
or
24
a
part
thereof
of
such
hospital
or
facility
,
which
is
equipped
25
and
staffed
to
provide
inpatient
care
to
persons
with
mental
26
illness.
27
15.
16.
“Psychiatric
advanced
registered
nurse
practitioner”
28
means
an
individual
currently
licensed
as
a
registered
nurse
29
under
chapter
152
or
152E
who
holds
a
national
certification
in
30
psychiatric
mental
health
care
and
who
is
licensed
by
the
board
31
of
nursing
as
an
advanced
registered
nurse
practitioner.
32
16.
17.
“Public
hospital”
means
any
of
the
following
:
33
a.
A
state
mental
health
institute
established
by
chapter
34
226
;
or
.
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b.
The
state
psychiatric
hospital
established
by
chapter
1
225
;
or
.
2
c.
Any
other
publicly
supported
hospital
or
institution
3
facility
,
or
part
of
such
hospital
or
institution
facility
,
4
which
is
equipped
and
staffed
to
provide
inpatient
care
to
5
persons
with
mental
illness,
except
the
Iowa
medical
and
6
classification
center
established
by
chapter
904
.
7
17.
18.
“Region”
means
a
mental
health
and
disability
8
services
region
formed
in
accordance
with
section
331.389
.
9
18.
19.
“Regional
administrator”
means
the
regional
10
administrator
of
a
mental
health
and
disability
services
11
region,
same
as
defined
in
section
331.388
.
12
19.
20.
“Respondent”
means
any
person
against
whom
an
13
application
has
been
filed
under
section
229.6
,
but
who
has
not
14
been
finally
ordered
committed
for
full-time
custody,
care,
and
15
treatment
in
a
hospital.
16
20.
21.
“Serious
emotional
injury”
is
an
injury
which
does
17
not
necessarily
exhibit
any
physical
characteristics,
but
which
18
can
be
recognized
and
diagnosed
by
a
licensed
physician
or
19
other
mental
health
professional
and
which
can
be
causally
20
connected
with
the
act
or
omission
of
a
person
who
is,
or
is
21
alleged
to
be,
mentally
ill.
22
21.
22.
“Seriously
mentally
impaired”
or
“serious
mental
23
impairment”
describes
the
condition
of
a
person
with
mental
24
illness
and
because
of
that
illness
lacks
sufficient
judgment
25
to
make
responsible
decisions
with
respect
to
the
person’s
26
hospitalization
or
treatment,
and
who
because
of
that
illness
27
meets
any
of
the
following
criteria:
28
a.
Is
likely
to
physically
injure
the
person’s
self
or
29
others
if
allowed
to
remain
at
liberty
without
treatment.
30
b.
Is
likely
to
inflict
serious
emotional
injury
on
31
members
of
the
person’s
family
or
others
who
lack
reasonable
32
opportunity
to
avoid
contact
with
the
person
with
mental
33
illness
if
the
person
with
mental
illness
is
allowed
to
remain
34
at
liberty
without
treatment.
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c.
Is
unable
to
satisfy
the
person’s
needs
for
nourishment,
1
clothing,
essential
medical
care,
or
shelter
so
that
it
is
2
likely
that
the
person
will
suffer
physical
injury,
physical
3
debilitation,
or
death.
4
d.
Has
a
history
of
lack
of
compliance
with
treatment
and
5
any
of
the
following
apply
applies
:
6
(1)
Lack
of
compliance
has
been
a
significant
factor
in
the
7
need
for
emergency
hospitalization.
8
(2)
Lack
of
compliance
has
resulted
in
one
or
more
acts
9
causing
serious
physical
injury
to
the
person’s
self
or
others
10
or
an
attempt
to
physically
injure
the
person’s
self
or
others.
11
Sec.
517.
Section
229.2,
subsection
1,
paragraph
b,
12
subparagraphs
(1)
and
(2),
Code
2023,
are
amended
to
read
as
13
follows:
14
(1)
Upon
receipt
of
an
application
for
voluntary
admission
15
of
a
minor,
the
chief
medical
officer
shall
provide
separate
16
prescreening
interviews
and
consultations
with
the
parent,
17
guardian
,
or
custodian
and
the
minor
to
assess
the
family
18
environment
and
the
appropriateness
of
the
application
for
19
admission.
20
(2)
During
the
interview
and
consultation
the
chief
medical
21
officer
shall
inform
the
minor
orally
and
in
writing
that
the
22
minor
has
a
right
to
object
to
the
admission.
If
the
chief
23
medical
officer
of
the
hospital
to
which
application
is
made
24
determines
that
the
admission
is
appropriate
but
the
minor
25
objects
to
the
admission,
the
parent,
guardian
,
or
custodian
26
must
petition
the
juvenile
court
for
approval
of
the
admission
27
before
the
minor
is
actually
admitted.
28
Sec.
518.
Section
229.4,
Code
2023,
is
amended
to
read
as
29
follows:
30
229.4
Right
to
release
on
application.
31
A
voluntary
patient
who
requests
release
or
whose
release
32
is
requested,
in
writing,
by
the
patient’s
legal
guardian,
33
parent,
spouse
,
or
adult
next
of
kin
shall
be
released
from
the
34
hospital
forthwith,
except
that
in
accordance
with
all
of
the
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following,
as
applicable
:
1
1.
If
the
patient
was
admitted
on
the
patient’s
own
2
application
and
the
request
for
release
is
made
by
some
other
3
person,
release
may
be
conditioned
upon
the
agreement
of
the
4
patient.
5
2.
If
the
patient
is
a
minor
who
was
admitted
on
the
6
application
of
the
patient’s
parent,
guardian
,
or
custodian
7
pursuant
to
section
229.2,
subsection
1
,
the
patient’s
release
8
prior
to
becoming
eighteen
years
of
age
may
be
conditioned
upon
9
the
consent
of
the
parent,
guardian
,
or
custodian,
or
upon
the
10
approval
of
the
juvenile
court
if
the
admission
was
approved
by
11
the
juvenile
court
;
and
.
12
3.
If
the
chief
medical
officer
of
the
hospital,
not
later
13
than
the
end
of
the
next
secular
day
on
which
the
office
of
14
the
clerk
of
the
district
court
for
the
county
in
which
the
15
hospital
is
located
is
open
and
which
follows
the
submission
16
of
the
written
request
for
release
of
the
patient,
files
with
17
that
clerk
a
certification
that
in
the
chief
medical
officer’s
18
opinion
the
patient
is
seriously
mentally
impaired,
the
release
19
may
be
postponed
for
the
period
of
time
the
court
determines
20
is
necessary
to
permit
commencement
of
judicial
procedure
21
for
involuntary
hospitalization.
That
period
of
time
may
22
not
exceed
five
days,
exclusive
of
days
on
which
the
clerk’s
23
office
is
not
open
unless
the
period
of
time
is
extended
by
24
order
of
a
district
court
judge
for
good
cause
shown.
Until
25
disposition
of
the
application
for
involuntary
hospitalization
26
of
the
patient
is
determined
,
if
one
an
application
is
timely
27
filed,
the
chief
medical
officer
may
detain
the
patient
in
28
the
hospital
and
may
provide
treatment
which
is
necessary
29
to
preserve
the
patient’s
life,
or
to
appropriately
control
30
behavior
by
the
patient
which
is
likely
to
result
in
physical
31
injury
to
the
patient
or
to
others
if
allowed
to
continue,
but
32
may
not
otherwise
provide
treatment
to
the
patient
without
the
33
patient’s
consent.
34
Sec.
519.
Section
229.6,
subsection
1,
Code
2023,
is
amended
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to
read
as
follows:
1
1.
Proceedings
for
the
involuntary
hospitalization
of
an
2
individual
pursuant
to
this
chapter
or
for
the
involuntary
3
commitment
or
treatment
of
a
person
with
a
substance-related
4
substance
use
disorder
to
a
facility
pursuant
to
chapter
5
125
may
be
commenced
by
any
interested
person
by
filing
a
6
verified
application
with
the
clerk
of
the
district
court
of
7
the
county
where
the
respondent
is
presently
located,
or
which
8
is
the
respondent’s
place
of
residence.
The
clerk,
or
the
9
clerk’s
designee,
shall
assist
the
applicant
in
completing
the
10
application.
11
Sec.
520.
Section
229.6,
subsection
2,
paragraph
a,
12
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
13
(1)
A
substance-related
substance
use
disorder
as
defined
14
in
section
125.2
.
15
Sec.
521.
Section
229.8,
Code
2023,
is
amended
to
read
as
16
follows:
17
229.8
Procedure
after
application
is
filed.
18
As
soon
as
practicable
after
the
filing
of
an
application
19
pursuant
to
section
229.6
,
the
court
shall
do
all
of
the
20
following
:
21
1.
Determine
whether
the
respondent
has
an
attorney
22
who
is
able
and
willing
to
represent
the
respondent
in
the
23
hospitalization
proceeding,
and
if
not,
whether
the
respondent
24
is
financially
able
to
employ
an
attorney
and
capable
of
25
meaningfully
assisting
in
selecting
one.
In
accordance
with
26
those
determinations,
the
court
shall
if
necessary
allow
the
27
respondent
to
select,
or
shall
assign
to
the
respondent,
an
28
attorney.
If
the
respondent
is
financially
unable
to
pay
an
29
attorney,
the
attorney
shall
be
compensated
by
the
mental
30
health
and
disability
services
region
at
an
hourly
rate
to
be
31
established
by
the
regional
administrator
for
the
county
in
32
which
the
proceeding
is
held
in
substantially
the
same
manner
33
as
provided
in
section
815.7
.
34
2.
Cause
copies
of
the
application
and
supporting
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documentation
to
be
sent
to
the
county
attorney
or
the
county
1
attorney’s
attorney-designate
for
review.
2
3.
Issue
a
written
order
which
shall
provide
for
all
of
the
3
following
:
4
a.
If
not
previously
done,
set
a
time
and
place
for
a
5
hospitalization
hearing,
which
shall
be
at
the
earliest
6
practicable
time
not
less
than
forty-eight
hours
after
notice
7
to
the
respondent,
unless
the
respondent
waives
such
minimum
8
prior
notice
requirement
;
and
.
9
b.
Order
an
examination
of
the
respondent,
prior
to
10
the
hearing,
by
one
or
more
licensed
physicians
or
mental
11
health
professionals
who
shall
submit
a
written
report
on
the
12
examination
to
the
court
as
required
by
section
229.10
.
13
Sec.
522.
Section
229.11,
subsection
1,
Code
2023,
is
14
amended
to
read
as
follows:
15
1.
If
the
applicant
requests
that
the
respondent
be
taken
16
into
immediate
custody
and
the
judge,
upon
reviewing
the
17
application
and
accompanying
documentation,
finds
probable
18
cause
to
believe
that
the
respondent
has
a
serious
mental
19
impairment
and
is
likely
to
injure
the
respondent
or
other
20
persons
if
allowed
to
remain
at
liberty,
the
judge
may
enter
21
a
written
order
directing
that
the
respondent
be
taken
into
22
immediate
custody
by
the
sheriff
or
the
sheriff’s
deputy
23
and
be
detained
until
the
hospitalization
hearing.
The
24
hospitalization
hearing
shall
be
held
no
more
than
five
days
25
after
the
date
of
the
order,
except
that
if
the
fifth
day
after
26
the
date
of
the
order
is
a
Saturday,
Sunday,
or
a
holiday,
the
27
hearing
may
be
held
on
the
next
succeeding
business
day.
If
28
the
expenses
of
a
respondent
are
payable
in
whole
or
in
part
by
29
a
mental
health
and
disability
services
region,
for
a
placement
30
in
accordance
with
paragraph
“a”
,
the
judge
shall
give
notice
of
31
the
placement
to
the
regional
administrator
for
the
county
in
32
which
the
court
is
located,
and
for
a
placement
in
accordance
33
with
paragraph
“b”
or
“c”
,
the
judge
shall
order
the
placement
34
in
a
hospital
or
facility
designated
through
the
regional
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administrator.
The
judge
may
order
the
respondent
detained
for
1
the
period
of
time
until
the
hearing
is
held,
and
no
longer,
2
in
accordance
with
paragraph
“a”
,
if
possible,
and
if
not
then
3
in
accordance
with
paragraph
“b”
,
or,
only
if
neither
of
these
4
alternatives
is
available,
in
accordance
with
paragraph
“c”
.
5
Detention
may
be
in
any
of
the
following
:
6
a.
In
the
custody
of
a
relative,
friend
,
or
other
suitable
7
person
who
is
willing
to
accept
responsibility
for
supervision
8
of
the
respondent,
and
the
respondent
may
be
placed
under
9
such
reasonable
restrictions
as
the
judge
may
order
including
10
but
not
limited
to
restrictions
on
or
a
prohibition
of
any
11
expenditure,
encumbrance
,
or
disposition
of
the
respondent’s
12
funds
or
property
;
or
.
13
b.
In
a
suitable
hospital
the
chief
medical
officer
of
14
which
shall
be
informed
of
the
reasons
why
immediate
custody
15
has
been
ordered
and
may
provide
treatment
which
is
necessary
16
to
preserve
the
respondent’s
life,
or
to
appropriately
control
17
behavior
by
the
respondent
which
is
likely
to
result
in
18
physical
injury
to
the
respondent
or
to
others
if
allowed
19
to
continue,
but
may
not
otherwise
provide
treatment
to
the
20
respondent
without
the
respondent’s
consent
;
or
.
21
c.
In
the
nearest
facility
in
the
community
which
is
22
licensed
to
care
for
persons
with
mental
illness
or
substance
23
abuse
use
disorder
,
provided
that
detention
in
a
jail
or
other
24
facility
intended
for
confinement
of
those
accused
or
convicted
25
of
crime
shall
not
be
ordered.
26
Sec.
523.
Section
229.13,
subsection
1,
paragraph
b,
Code
27
2023,
is
amended
to
read
as
follows:
28
b.
The
court
shall
order
any
other
respondent
placed
under
29
the
care
of
an
appropriate
hospital
or
facility
licensed
to
30
care
for
persons
with
mental
illness
or
substance
abuse
use
31
disorder
on
an
inpatient
or
outpatient
basis.
32
Sec.
524.
Section
229.15,
subsections
4
and
5,
Code
2023,
33
are
amended
to
read
as
follows:
34
4.
When
a
patient
has
been
placed
in
an
alternative
facility
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other
than
a
hospital
pursuant
to
a
report
issued
under
section
1
229.14,
subsection
1
,
paragraph
“d”
,
a
report
on
the
patient’s
2
condition
and
prognosis
shall
be
made
to
the
court
which
placed
3
the
patient,
at
least
once
every
six
months,
unless
the
court
4
authorizes
annual
reports.
If
an
evaluation
of
the
patient
is
5
performed
pursuant
to
section
227.2,
subsection
4
,
a
copy
of
6
the
evaluation
report
shall
be
submitted
to
the
court
within
7
fifteen
days
of
the
evaluation’s
completion.
The
court
may
8
in
its
discretion
waive
the
requirement
of
an
additional
9
report
between
the
annual
evaluations.
If
the
administrator
10
department
exercises
the
authority
to
remove
residents
or
11
patients
from
a
county
care
facility
or
other
county
or
private
12
institution
facility
under
section
227.6
,
the
administrator
13
department
shall
promptly
notify
each
court
which
placed
in
14
that
facility
any
resident
so
or
patient
removed.
15
5.
a.
When
in
the
opinion
of
the
chief
medical
officer
the
16
best
interest
of
a
patient
would
be
served
by
a
convalescent
17
or
limited
leave,
the
chief
medical
officer
may
authorize
the
18
leave
and,
if
authorized,
shall
promptly
report
the
leave
to
19
the
court.
When
in
the
opinion
of
the
chief
medical
officer
20
the
best
interest
of
a
patient
would
be
served
by
a
transfer
21
to
a
different
hospital
for
continued
full-time
custody,
care,
22
and
treatment,
the
chief
medical
officer
shall
promptly
send
23
a
report
to
the
court.
The
court
shall
act
upon
the
report
in
24
accordance
with
section
229.14A
.
25
b.
This
subsection
shall
not
be
construed
to
add
to
or
26
restrict
the
authority
otherwise
provided
by
law
for
transfer
27
of
patients
or
residents
among
various
state
institutions
28
administered
by
the
department
of
human
services
.
If
a
patient
29
is
transferred
under
this
subsection
,
the
treatment
provider
to
30
whom
the
patient
is
transferred
shall
be
provided
with
copies
31
of
relevant
court
orders
by
the
former
treatment
provider.
32
Sec.
525.
Section
229.19,
subsection
1,
paragraphs
a
and
e,
33
Code
2023,
are
amended
to
read
as
follows:
34
a.
In
each
county
the
board
of
supervisors
shall
appoint
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an
individual
who
has
demonstrated
by
prior
activities
an
1
informed
concern
for
the
welfare
and
rehabilitation
of
persons
2
with
mental
illness,
and
who
is
not
an
officer
or
employee
3
of
the
department
of
human
services
,
an
officer
or
employee
4
of
a
region,
an
officer
or
employee
of
a
county
performing
5
duties
for
a
region,
or
an
officer
or
employee
of
any
agency
6
or
facility
providing
care
or
treatment
to
persons
with
mental
7
illness,
to
act
as
an
advocate
representing
the
interests
of
8
patients
involuntarily
hospitalized
by
the
court,
in
any
matter
9
relating
to
the
patients’
hospitalization
or
treatment
under
10
section
229.14
or
229.15
.
11
e.
An
advocate
may
also
be
assigned
pursuant
to
this
section
12
for
an
individual
who
has
been
diagnosed
with
a
co-occurring
13
mental
illness
and
substance-related
substance
use
disorder.
14
Sec.
526.
Section
229.21,
Code
2023,
is
amended
to
read
as
15
follows:
16
229.21
Judicial
hospitalization
referee
——
appeals
to
17
district
court.
18
1.
The
chief
judge
of
each
judicial
district
may
appoint
19
at
least
one
judicial
hospitalization
referee
for
each
county
20
within
the
district.
The
judicial
hospitalization
referee
21
shall
be
an
attorney,
licensed
to
practice
law
in
this
state,
22
who
shall
be
chosen
with
consideration
to
any
training,
23
experience,
interest,
or
combination
of
those
factors,
which
24
are
pertinent
to
the
duties
of
the
office.
The
referee
25
shall
hold
office
at
the
pleasure
of
the
chief
judge
of
the
26
judicial
district
and
receive
compensation
at
a
rate
fixed
by
27
the
supreme
court.
If
the
referee
expects
to
be
absent
for
28
any
significant
length
of
time,
the
referee
shall
inform
the
29
chief
judge
who
may
appoint
a
temporary
substitute
judicial
30
hospitalization
referee
having
the
qualifications
set
forth
in
31
this
subsection
.
32
2.
When
an
application
for
involuntary
hospitalization
33
under
section
229.6
or
for
involuntary
commitment
or
treatment
34
of
persons
with
substance-related
disorders
a
substance
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use
disorder
under
section
125.75
is
filed
with
the
clerk
1
of
the
district
court
in
any
county
for
which
a
judicial
2
hospitalization
referee
has
been
appointed,
and
no
district
3
judge,
district
associate
judge,
or
magistrate
who
is
admitted
4
to
the
practice
of
law
in
this
state
is
accessible,
the
clerk
5
shall
immediately
notify
the
referee
in
the
manner
required
by
6
section
229.7
or
section
125.77
.
The
referee
shall
discharge
7
all
of
the
duties
imposed
upon
the
court
by
sections
229.7
8
through
229.19
,
this
section
,
and
section
229.22
or
sections
9
125.75
through
125.94
in
the
proceeding
so
initiated.
Subject
10
to
the
provisions
of
subsection
4
,
orders
issued
by
a
referee,
11
in
discharge
of
duties
imposed
under
this
section
,
shall
have
12
the
same
force
and
effect
as
if
ordered
by
a
district
judge.
13
However,
any
commitment
to
a
facility
regulated
and
operated
14
under
chapter
135C
shall
be
in
accordance
with
section
135C.23
.
15
3.
a.
Any
respondent
with
respect
to
whom
the
magistrate
16
or
judicial
hospitalization
referee
has
found
the
contention
17
that
the
respondent
is
seriously
mentally
impaired
or
a
person
18
with
a
substance-related
substance
use
disorder
sustained
by
19
clear
and
convincing
evidence
presented
at
a
hearing
held
20
under
section
229.12
or
section
125.82
,
may
appeal
from
the
21
magistrate’s
or
referee’s
finding
to
a
judge
of
the
district
22
court
by
giving
the
clerk
notice
in
writing,
within
ten
days
23
after
the
magistrate’s
or
referee’s
finding
is
made,
that
an
24
appeal
is
taken.
The
appeal
may
be
signed
by
the
respondent
or
25
by
the
respondent’s
next
friend,
guardian,
or
attorney.
26
b.
An
order
of
a
magistrate
or
judicial
hospitalization
27
referee
with
a
finding
that
the
respondent
is
seriously
28
mentally
impaired
or
a
person
with
a
substance-related
29
substance
use
disorder
shall
include
the
following
notice,
30
located
conspicuously
on
the
face
of
the
order:
31
NOTE:
The
respondent
may
appeal
from
this
order
to
a
judge
of
32
the
district
court
by
giving
written
notice
of
the
appeal
to
33
the
clerk
of
the
district
court
within
ten
days
after
the
date
34
of
this
order.
The
appeal
may
be
signed
by
the
respondent
or
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by
the
respondent’s
next
friend,
guardian,
or
attorney.
For
a
1
more
complete
description
of
the
respondent’s
appeal
rights,
2
consult
section
229.21
of
the
Code
of
Iowa
or
an
attorney.
3
c.
When
appealed,
the
matter
shall
stand
for
trial
de
novo.
4
Upon
appeal,
the
court
shall
schedule
a
hospitalization
or
5
commitment
hearing
before
a
district
judge
at
the
earliest
6
practicable
time.
7
d.
Any
respondent
with
respect
to
whom
the
magistrate
or
8
judicial
hospitalization
referee
has
held
a
placement
hearing
9
and
has
entered
a
placement
order
may
appeal
the
order
to
a
10
judge
of
the
district
court.
The
request
for
appeal
must
be
11
given
to
the
clerk
in
writing
within
ten
days
of
the
entry
of
12
the
magistrate’s
or
referee’s
order.
The
request
for
appeal
13
shall
be
signed
by
the
respondent,
or
the
respondent’s
next
14
friend,
guardian,
or
attorney.
15
4.
If
the
appellant
is
in
custody
under
the
jurisdiction
16
of
the
district
court
at
the
time
of
service
of
the
notice
of
17
appeal,
the
appellant
shall
be
discharged
from
custody
unless
18
an
order
that
the
appellant
be
taken
into
immediate
custody
has
19
previously
been
issued
under
section
229.11
or
section
125.81
,
20
in
which
case
the
appellant
shall
be
detained
as
provided
in
21
that
section
until
the
hospitalization
or
commitment
hearing
22
before
the
district
judge.
If
the
appellant
is
in
the
custody
23
of
a
hospital
or
facility
at
the
time
of
service
of
the
notice
24
of
appeal,
the
appellant
shall
be
discharged
from
custody
25
pending
disposition
of
the
appeal
unless
the
chief
medical
26
officer,
not
later
than
the
end
of
the
next
secular
day
on
27
which
the
office
of
the
clerk
is
open
and
which
follows
service
28
of
the
notice
of
appeal,
files
with
the
clerk
a
certification
29
that
in
the
chief
medical
officer’s
opinion
the
appellant
is
30
seriously
mentally
ill
or
a
person
with
a
substance-related
31
substance
use
disorder.
In
that
case,
the
appellant
shall
32
remain
in
custody
of
the
hospital
or
facility
until
the
33
hospitalization
or
commitment
hearing
before
the
district
34
court.
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5.
The
hospitalization
or
commitment
hearing
before
the
1
district
judge
shall
be
held,
and
the
judge’s
finding
shall
2
be
made
and
an
appropriate
order
entered,
as
prescribed
by
3
sections
229.12
and
229.13
or
sections
125.82
and
125.83
.
4
If
the
judge
orders
the
appellant
hospitalized
or
committed
5
for
a
complete
psychiatric
or
substance
abuse
use
disorder
6
evaluation,
jurisdiction
of
the
matter
shall
revert
to
the
7
judicial
hospitalization
referee.
8
Sec.
527.
Section
229.23,
subsection
3,
Code
2023,
is
9
amended
to
read
as
follows:
10
3.
In
addition
to
protection
of
the
person’s
constitutional
11
rights,
enjoyment
of
other
legal,
medical,
religious,
social,
12
political,
personal
and
working
rights
and
privileges
which
13
the
person
would
enjoy
if
the
person
were
not
so
hospitalized
14
or
detained,
so
far
as
is
possible
consistent
with
effective
15
treatment
of
that
person
and
of
the
other
patients
of
the
16
hospital.
If
the
patient’s
rights
are
restricted,
the
17
physician’s
or
mental
health
professional’s
direction
to
18
that
effect
shall
be
noted
on
the
patient’s
record.
The
19
department
of
human
services
shall,
in
accordance
with
chapter
20
17A
establish
rules
setting
forth
the
specific
rights
and
21
privileges
to
which
persons
so
hospitalized
or
detained
are
22
entitled
under
this
section
,
and
the
exceptions
provided
by
23
section
17A.2,
subsection
11
,
paragraphs
“a”
and
“k”,
shall
not
24
be
applicable
to
the
rules
so
established.
The
patient
or
the
25
patient’s
next
of
kin
or
friend
shall
be
advised
of
these
rules
26
and
be
provided
a
written
copy
upon
the
patient’s
admission
to
27
or
arrival
at
the
hospital.
28
Sec.
528.
Section
229.24,
subsection
1,
Code
2023,
is
29
amended
to
read
as
follows:
30
1.
All
papers
and
records
pertaining
to
any
involuntary
31
hospitalization
or
application
pursuant
to
section
229.6
of
any
32
person
under
this
chapter
,
whether
part
of
the
permanent
record
33
of
the
court
or
of
a
file
in
the
department
of
human
services
,
34
are
subject
to
inspection
only
upon
an
order
of
the
court
for
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good
cause
shown.
1
Sec.
529.
Section
229.26,
Code
2023,
is
amended
to
read
as
2
follows:
3
229.26
Exclusive
procedure
for
involuntary
hospitalization.
4
Sections
229.6
through
229.19
constitute
the
exclusive
5
procedure
for
involuntary
hospitalization
of
persons
by
reason
6
of
serious
mental
impairment
in
this
state,
except
that
this
7
chapter
does
not
negate
the
provisions
of
section
904.503
8
relating
to
transfer
of
prisoners
with
mental
illness
to
state
9
hospitals
for
persons
with
mental
illness
health
institutes
and
10
does
not
apply
to
commitments
of
persons
under
chapter
812
or
11
the
rules
of
criminal
procedure,
Iowa
court
rules,
or
negate
12
the
provisions
of
section
232.51
relating
to
disposition
of
13
children
with
mental
illness.
14
Sec.
530.
Section
229.27,
subsection
3,
Code
2023,
is
15
amended
to
read
as
follows:
16
3.
A
hearing
limited
to
the
question
of
the
person’s
17
competence
and
conducted
in
substantially
the
manner
prescribed
18
in
sections
633.552
,
633.556
,
633.558
,
and
633.560
shall
be
19
held
when
any
of
the
following
circumstances
applies
:
20
a.
The
court
is
petitioned
or
proposes
upon
its
own
motion
21
to
find
incompetent
by
reason
of
mental
illness
a
person
whose
22
involuntary
hospitalization
has
been
ordered
under
section
23
229.13
or
229.14
,
and
who
contends
that
the
person
is
not
24
incompetent
;
or
.
25
b.
A
person
previously
found
incompetent
by
reason
of
mental
26
illness
under
subsection
2
petitions
the
court
for
a
finding
27
that
the
person
is
no
longer
incompetent
and,
after
notice
to
28
the
applicant
who
initiated
the
petition
for
hospitalization
29
of
the
person
and
to
any
other
party
as
directed
by
the
court,
30
an
objection
is
filed
with
the
court.
The
court
may
order
a
31
hearing
on
its
own
motion
before
acting
on
a
petition
filed
32
under
this
paragraph.
A
petition
by
a
person
for
a
finding
33
that
the
person
is
no
longer
incompetent
may
be
filed
at
any
34
time
without
regard
to
whether
the
person
is
at
that
time
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hospitalized
for
treatment
of
mental
illness.
1
Sec.
531.
Section
229.41,
Code
2023,
is
amended
to
read
as
2
follows:
3
229.41
Voluntary
admission
——
state
mental
health
institute
.
4
Persons
making
application
pursuant
to
section
229.2
on
5
their
own
behalf
or
on
behalf
of
another
person
who
is
under
6
eighteen
years
of
age,
if
the
person
whose
admission
is
sought
7
is
received
for
observation
and
treatment
on
the
application,
8
shall
be
required
to
pay
the
costs
of
hospitalization
at
rates
9
established
by
the
administrator
department
.
The
costs
may
10
be
collected
weekly
in
advance
and
shall
be
payable
at
to
the
11
business
office
of
the
hospital
state
mental
health
institute
.
12
The
collections
shall
be
remitted
to
the
department
of
human
13
services
monthly
to
be
credited
to
the
general
fund
of
the
14
state.
15
Sec.
532.
Section
229.42,
Code
2023,
is
amended
to
read
as
16
follows:
17
229.42
Costs
paid
by
county
——
state
mental
health
institute
.
18
1.
If
a
person
wishing
to
make
application
for
voluntary
19
admission
to
a
state
mental
hospital
established
by
chapter
226
20
health
institute
is
unable
to
pay
the
costs
of
hospitalization
21
or
those
responsible
for
the
person
are
unable
to
pay
the
22
costs,
application
for
authorization
of
voluntary
admission
23
must
be
made
through
a
regional
administrator
before
24
application
for
admission
is
made
to
the
hospital
state
mental
25
health
institute
.
The
person’s
county
of
residence
shall
26
be
determined
through
the
regional
administrator
and
if
the
27
admission
is
approved
through
the
regional
administrator,
the
28
person’s
admission
to
a
state
mental
health
hospital
institute
29
shall
be
authorized
as
a
voluntary
case.
The
authorization
30
shall
be
issued
on
forms
provided
by
the
department
of
human
31
services’
administrator
.
The
costs
of
the
hospitalization
32
shall
be
paid
by
the
county
of
residence
through
the
regional
33
administrator
to
the
department
of
human
services
and
credited
34
to
the
general
fund
of
the
state,
provided
that
the
state
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mental
health
hospital
institute
rendering
the
services
has
1
certified
to
the
county
auditor
of
the
county
of
residence
and
2
the
regional
administrator
the
amount
chargeable
to
the
mental
3
health
and
disability
services
region
and
has
sent
a
duplicate
4
statement
of
the
charges
to
the
department
of
human
services
.
5
A
mental
health
and
disability
services
region
shall
not
be
6
billed
for
the
cost
of
a
patient
unless
the
patient’s
admission
7
is
authorized
through
the
regional
administrator.
The
state
8
mental
health
institute
and
the
regional
administrator
shall
9
work
together
to
locate
appropriate
alternative
placements
10
and
services,
and
to
educate
patients
and
family
members
of
11
patients
regarding
such
alternatives.
12
2.
All
the
provisions
of
chapter
230
shall
apply
to
such
the
13
voluntary
patients
so
far
as
is
to
the
extent
applicable.
14
3.
The
provisions
of
this
section
and
of
section
229.41
15
shall
apply
to
all
voluntary
inpatients
or
outpatients
16
receiving
mental
health
services
either
away
from
or
at
the
17
institution
state
mental
health
institute
.
18
4.
If
a
county
fails
to
pay
the
billed
charges
within
19
forty-five
days
from
the
date
the
county
auditor
received
the
20
certification
statement
from
the
superintendent,
the
department
21
of
human
services
shall
charge
the
delinquent
county
the
22
penalty
of
one
percent
per
month
on
and
after
forty-five
days
23
from
the
date
the
county
received
the
certification
statement
24
until
paid.
The
penalties
received
shall
be
credited
to
the
25
general
fund
of
the
state.
26
Sec.
533.
Section
229.43,
Code
2023,
is
amended
to
read
as
27
follows:
28
229.43
Nonresident
patients
——
state
mental
health
29
institutes
.
30
The
administrator
department
may
place
patients
of
state
31
mental
health
institutes
who
are
nonresidents
on
convalescent
32
leave
to
a
private
sponsor
or
in
a
health
care
facility
33
licensed
under
chapter
135C
,
when
in
the
opinion
of
the
34
administrator
director
the
placement
is
in
the
best
interests
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of
the
patient
and
the
state
of
Iowa.
If
the
patient
was
1
involuntarily
hospitalized,
the
district
court
which
ordered
2
hospitalization
of
the
patient
must
shall
be
informed
when
the
3
patient
is
placed
on
convalescent
leave,
as
required
by
section
4
229.15,
subsection
5
.
5
Sec.
534.
Section
229.45,
unnumbered
paragraph
1,
Code
6
2023,
is
amended
to
read
as
follows:
7
The
department
of
human
services
,
in
consultation
with
8
the
office
of
attorney
general,
shall
develop
a
summary
of
9
the
procedures
involved
in
an
involuntary
commitment
and
10
information
concerning
the
participation
of
an
applicant
in
the
11
proceedings.
The
summary
shall
be
provided
by
the
department,
12
at
the
department’s
expense,
to
the
clerks
of
the
district
13
court
who
shall
make
the
summary
available
to
all
applicants
14
prior
to
the
filing
of
a
verified
application,
or
to
any
other
15
person
upon
request,
and
who
shall
attach
a
copy
of
the
summary
16
to
the
notice
of
hearing
which
is
served
upon
the
respondent
17
under
section
125.77
or
229.7
.
The
summary
may
include,
but
is
18
not
limited
to,
the
following:
19
Sec.
535.
Section
229A.2,
Code
2023,
is
amended
to
read
as
20
follows:
21
229A.2
Definitions.
22
As
used
in
this
chapter
:
23
1.
“Agency
with
jurisdiction”
means
an
agency
which
has
24
custody
of
or
releases
a
person
serving
a
sentence
or
term
25
of
confinement
or
is
otherwise
in
confinement
based
upon
a
26
lawful
order
or
authority,
and
includes
but
is
not
limited
to
27
the
department
of
corrections,
the
department
of
health
and
28
human
services,
a
judicial
district
department
of
correctional
29
services,
and
the
Iowa
board
of
parole.
30
2.
“Appropriate
secure
facility”
means
a
state
facility
that
31
is
designed
to
confine
but
not
necessarily
to
treat
a
sexually
32
violent
predator.
33
3.
“Convicted”
means
found
guilty
of,
pleads
guilty
34
to,
or
is
sentenced
or
adjudicated
delinquent
for
an
act
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which
is
an
indictable
offense
in
this
state
or
in
another
1
jurisdiction
including
in
a
federal,
military,
tribal,
or
2
foreign
court,
including
but
not
limited
to
a
juvenile
who
has
3
been
adjudicated
delinquent,
whether
or
not
the
juvenile
court
4
records
have
been
sealed
under
section
232.150
,
and
a
person
5
who
has
received
a
deferred
sentence
or
a
deferred
judgment
6
or
has
been
acquitted
by
reason
of
insanity.
“Convicted”
7
includes
the
conviction
of
a
juvenile
prosecuted
as
an
adult.
8
“Convicted”
also
includes
a
conviction
for
an
attempt
or
9
conspiracy
to
commit
an
offense.
“Convicted”
does
not
mean
a
10
plea,
sentence,
adjudication,
deferred
sentence,
or
deferred
11
judgment
which
has
been
reversed
or
otherwise
set
aside.
12
4.
“Department”
means
the
department
of
health
and
human
13
services.
14
5.
“Director”
means
the
director
of
health
and
human
15
services.
16
4.
6.
“Discharge”
means
an
unconditional
discharge
from
the
17
sexually
violent
predator
program.
A
person
released
from
a
18
secure
facility
into
a
transitional
release
program
or
released
19
with
supervision
is
not
considered
to
be
discharged.
20
5.
7.
“Likely
to
engage
in
predatory
acts
of
sexual
21
violence”
means
that
the
person
more
likely
than
not
will
22
engage
in
acts
of
a
sexually
violent
nature.
If
a
person
is
23
not
confined
at
the
time
that
a
petition
is
filed,
a
person
is
24
“likely
to
engage
in
predatory
acts
of
sexual
violence”
only
if
25
the
person
commits
a
recent
overt
act.
26
6.
8.
“Mental
abnormality”
means
a
congenital
or
acquired
27
condition
affecting
the
emotional
or
volitional
capacity
of
a
28
person
and
predisposing
that
person
to
commit
sexually
violent
29
offenses
to
a
degree
which
would
constitute
a
menace
to
the
30
health
and
safety
of
others.
31
7.
9.
“Predatory”
means
acts
directed
toward
a
person
with
32
whom
a
relationship
has
been
established
or
promoted
for
the
33
primary
purpose
of
victimization.
34
8.
10.
“Presently
confined”
means
incarceration
or
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detention
in
a
correctional
facility,
a
rehabilitation
camp,
1
a
residential
facility,
a
county
jail,
a
halfway
house,
or
2
any
other
comparable
facility,
including
but
not
limited
to
3
placement
at
such
a
facility
as
a
condition
of
probation,
4
parole,
or
special
sentence
following
conviction
for
a
sexually
5
violent
offense.
6
9.
11.
“Recent
overt
act”
means
any
act
that
has
either
7
caused
harm
of
a
sexually
violent
nature
or
creates
a
8
reasonable
apprehension
of
such
harm.
9
10.
12.
“Safekeeper”
means
a
person
who
is
confined
in
an
10
appropriate
secure
facility
pursuant
to
this
chapter
but
who
is
11
not
subject
to
an
order
of
commitment
pursuant
to
this
chapter
.
12
11.
13.
“Sexually
motivated”
means
that
one
of
the
13
purposes
for
commission
of
a
crime
is
the
purpose
of
sexual
14
gratification
of
the
perpetrator
of
the
crime.
15
12.
14.
“Sexually
violent
offense”
means:
16
a.
A
violation
of
any
provision
of
chapter
709
.
17
b.
A
violation
of
any
of
the
following
if
the
offense
18
involves
sexual
abuse,
attempted
sexual
abuse,
or
intent
to
19
commit
sexual
abuse:
20
(1)
Murder
as
defined
in
section
707.1
.
21
(2)
Kidnapping
as
defined
in
section
710.1
.
22
(3)
Burglary
as
defined
in
section
713.1
.
23
(4)
Child
endangerment
under
section
726.6,
subsection
1
,
24
paragraph
“e”
.
25
c.
Sexual
exploitation
of
a
minor
in
violation
of
section
26
728.12
.
27
d.
Pandering
involving
a
minor
in
violation
of
section
28
725.3,
subsection
2
.
29
e.
An
offense
involving
an
attempt
or
conspiracy
to
commit
30
any
offense
referred
to
in
this
subsection
.
31
f.
An
offense
under
prior
law
of
this
state
or
an
offense
32
committed
in
another
jurisdiction
which
would
constitute
an
33
equivalent
offense
under
paragraphs
“a”
through
“e”
.
34
g.
Any
act
which,
either
at
the
time
of
sentencing
for
the
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offense
or
subsequently
during
civil
commitment
proceedings
1
pursuant
to
this
chapter
,
has
been
determined
beyond
a
2
reasonable
doubt
to
have
been
sexually
motivated.
3
13.
15.
“Sexually
violent
predator”
means
a
person
who
has
4
been
convicted
of
or
charged
with
a
sexually
violent
offense
5
and
who
suffers
from
a
mental
abnormality
which
makes
the
6
person
likely
to
engage
in
predatory
acts
constituting
sexually
7
violent
offenses,
if
not
confined
in
a
secure
facility.
8
14.
16.
“Transitional
release”
means
a
conditional
release
9
from
a
secure
facility
operated
by
the
department
of
human
10
services
with
the
conditions
of
such
release
set
by
the
court
11
or
the
department
of
human
services
.
12
Sec.
536.
Section
229A.5C,
subsections
3
and
4,
Code
2023,
13
are
amended
to
read
as
follows:
14
3.
A
person
who
is
subject
to
an
order
of
civil
commitment
15
under
this
chapter
shall
not
be
released
from
jail
or
paroled
16
or
released
to
a
facility
or
program
located
outside
the
17
county
jail
or
correctional
institution
other
than
to
a
secure
18
facility
operated
by
the
department
of
human
services
.
19
4.
A
person
who
committed
a
public
offense
while
in
a
20
transitional
release
program
or
on
release
with
supervision
may
21
be
returned
to
a
secure
facility
operated
by
the
department
of
22
human
services
upon
completion
of
any
term
of
confinement
that
23
resulted
from
the
commission
of
the
public
offense.
24
Sec.
537.
Section
229A.6A,
subsection
1,
paragraph
b,
Code
25
2023,
is
amended
to
read
as
follows:
26
b.
To
a
medical
facility
for
medical
treatment,
if
necessary
27
medical
treatment
is
not
available
at
the
facility
where
the
28
person
is
confined.
A
transport
order
is
not
required
to
29
transport
the
person
for
medical
treatment.
However,
the
30
person
is
not
entitled
to
choose
the
medical
facility
where
31
treatment
is
to
be
obtained
or
the
medical
personnel
to
provide
32
the
treatment.
Transportation
of
a
committed
person
shall
be
33
provided
by
the
sheriff
of
the
county
in
which
the
person
is
34
confined
if
requested
by
the
department
of
human
services
.
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Sec.
538.
Section
229A.7,
subsection
5,
paragraph
b,
Code
1
2023,
is
amended
to
read
as
follows:
2
b.
If
the
court
or
jury
determines
that
the
respondent
is
a
3
sexually
violent
predator,
the
respondent
shall
be
committed
4
to
the
custody
of
the
director
of
the
department
of
human
5
services
for
control,
care,
and
treatment
until
such
time
as
6
the
person’s
mental
abnormality
has
so
changed
that
the
person
7
is
safe
to
be
placed
in
a
transitional
release
program
or
8
discharged.
The
determination
may
be
appealed.
9
Sec.
539.
Section
229A.7,
subsection
7,
Code
2023,
is
10
amended
to
read
as
follows:
11
7.
The
control,
care,
and
treatment
of
a
person
determined
12
to
be
a
sexually
violent
predator
shall
be
provided
at
a
13
facility
operated
by
the
department
of
human
services
.
At
all
14
times
prior
to
placement
in
a
transitional
release
program
15
or
release
with
supervision,
persons
committed
for
control,
16
care,
and
treatment
by
the
department
of
human
services
17
pursuant
to
this
chapter
shall
be
kept
in
a
secure
facility
18
and
those
patients
shall
be
segregated
at
all
times
from
any
19
other
patient
under
the
supervision
of
the
department
of
human
20
services
.
A
person
committed
pursuant
to
this
chapter
to
21
the
custody
of
the
department
of
human
services
may
be
kept
22
in
a
facility
or
building
separate
from
any
other
patient
23
under
the
supervision
of
the
department
of
human
services
.
24
The
department
of
human
services
may
enter
into
a
chapter
25
28E
agreement
with
the
department
of
corrections
or
other
26
appropriate
agency
in
this
state
or
another
state
for
the
27
confinement
of
patients
who
have
been
determined
to
be
sexually
28
violent
predators.
Patients
who
are
in
the
custody
of
the
29
director
of
the
department
of
corrections
pursuant
to
a
chapter
30
28E
agreement
and
who
have
not
been
placed
in
a
transitional
31
release
program
or
released
with
supervision
shall
be
housed
32
and
managed
separately
from
criminal
offenders
in
the
custody
33
of
the
director
of
the
department
of
corrections,
and
except
34
for
occasional
instances
of
supervised
incidental
contact,
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shall
be
segregated
from
those
offenders.
1
Sec.
540.
Section
229A.8,
subsection
4,
Code
2023,
is
2
amended
to
read
as
follows:
3
4.
Nothing
contained
in
this
chapter
shall
prohibit
the
4
person
from
otherwise
petitioning
the
court
for
discharge
or
5
placement
in
a
transitional
release
program
at
the
annual
6
review.
The
director
of
human
services
department
shall
7
provide
the
committed
person
with
an
annual
written
notice
8
of
the
person’s
right
to
petition
the
court
for
discharge
9
or
placement
in
a
transitional
release
program
without
10
authorization
from
the
director.
The
notice
shall
contain
a
11
waiver
of
rights.
The
director
department
shall
forward
the
12
notice
and
waiver
form
to
the
court
with
the
annual
report.
13
Sec.
541.
Section
229A.8,
subsection
5,
paragraphs
f
and
g,
14
Code
2023,
are
amended
to
read
as
follows:
15
f.
If
at
the
time
for
the
annual
review
the
committed
16
person
has
filed
a
petition
for
discharge
or
placement
in
17
a
transitional
release
program
with
authorization
from
the
18
director
of
human
services
,
the
court
shall
set
a
final
hearing
19
within
ninety
days
of
the
authorization
by
the
director,
and
20
no
annual
review
shall
be
held.
21
g.
If
the
committed
person
has
not
filed
a
petition,
or
22
has
filed
a
petition
for
discharge
or
for
placement
in
a
23
transitional
release
program
without
authorization
from
the
24
director
of
human
services
,
the
court
shall
first
conduct
the
25
annual
review
as
provided
in
this
subsection
.
26
Sec.
542.
Section
229A.8,
subsection
6,
paragraph
e,
Code
27
2023,
is
amended
to
read
as
follows:
28
e.
If
the
director
of
human
services
has
authorized
the
29
committed
person
to
petition
for
discharge
or
for
placement
30
in
a
transitional
release
program
and
the
case
is
before
a
31
jury,
testimony
by
a
victim
of
a
prior
sexually
violent
offense
32
committed
by
the
person
is
not
admissible.
If
the
director
has
33
not
authorized
the
petition
or
the
case
is
before
the
court,
34
testimony
by
a
victim
of
a
sexually
violent
offense
committed
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by
the
person
may
be
admitted.
1
Sec.
543.
Section
229A.8A,
subsections
1,
6,
and
7,
Code
2
2023,
are
amended
to
read
as
follows:
3
1.
The
department
of
human
services
is
authorized
to
may
4
establish
a
transitional
release
program
and
provide
control,
5
care,
and
treatment,
and
supervision
of
committed
persons
6
placed
in
such
a
program.
7
6.
The
department
of
human
services
shall
be
responsible
8
for
establishing
and
implementing
the
rules
and
directives
9
regarding
the
location
of
the
transitional
release
program,
10
staffing
needs,
restrictions
on
confinement
and
the
movement
of
11
committed
persons,
and
for
assessing
the
progress
of
committed
12
persons
in
the
program.
The
court
may
also
impose
conditions
13
on
a
committed
person
placed
in
the
program.
14
7.
The
department
of
human
services
may
contract
with
15
other
government
or
private
agencies,
including
the
department
16
of
corrections,
to
implement
and
administer
the
transitional
17
release
program.
18
Sec.
544.
Section
229A.8B,
subsections
2
and
3,
Code
2023,
19
are
amended
to
read
as
follows:
20
2.
If
a
committed
person
absconds
from
a
transitional
21
release
program
in
violation
of
the
rules
or
directives,
a
22
presumption
arises
that
the
person
poses
a
risk
to
public
23
safety.
The
department
of
human
services
,
in
cooperation
with
24
local
law
enforcement
agencies,
may
make
a
public
announcement
25
about
the
absconder.
The
public
announcement
may
include
26
a
description
of
the
committed
person,
that
the
person
is
27
in
transitional
release
from
the
sexually
violent
predator
28
program,
and
any
other
information
important
to
public
safety.
29
3.
Upon
the
return
of
the
committed
person
to
a
secure
30
facility,
the
director
of
human
services
or
the
director’s
31
designee
shall
notify
the
court
that
issued
the
ex
parte
order
32
that
the
absconder
has
been
returned
to
a
secure
facility,
33
and
the
court
shall
set
a
hearing
to
determine
if
a
violation
34
occurred.
If
a
court
order
was
not
issued,
the
director
or
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the
director’s
designee
shall
contact
the
nearest
district
1
court
with
jurisdiction
to
set
a
hearing
to
determine
whether
a
2
violation
of
the
rules
or
directives
occurred.
The
court
shall
3
schedule
a
hearing
after
receiving
notice
that
the
committed
4
person
has
been
returned
from
the
transitional
release
program
5
to
a
secure
facility.
6
Sec.
545.
Section
229A.9A,
subsections
2,
3,
and
8,
Code
7
2023,
are
amended
to
read
as
follows:
8
2.
If
release
with
supervision
is
ordered,
the
department
9
of
human
services
shall
prepare
within
sixty
days
of
the
order
10
of
the
court
a
release
plan
addressing
the
person’s
needs
for
11
counseling,
medication,
community
support
services,
residential
12
services,
vocational
services,
alcohol
or
other
drug
abuse
13
substance
use
disorder
treatment,
sex
offender
treatment,
or
14
any
other
treatment
or
supervision
necessary.
15
3.
The
court
shall
set
a
hearing
on
the
release
plan
16
prepared
by
the
department
of
human
services
before
the
17
committed
person
is
released
from
a
secure
facility
or
a
18
transitional
release
program.
19
8.
The
court
shall
retain
jurisdiction
over
the
committed
20
person
who
has
been
released
with
supervision
until
the
person
21
is
discharged
from
the
program.
The
department
of
human
22
services
or
a
judicial
district
department
of
correctional
23
services
shall
not
be
held
liable
for
any
acts
committed
24
by
a
committed
person
who
has
been
ordered
released
with
25
supervision.
26
Sec.
546.
Section
229A.9B,
subsections
2,
3,
and
5,
Code
27
2023,
are
amended
to
read
as
follows:
28
2.
If
a
committed
person
has
absconded
in
violation
of
the
29
conditions
of
the
person’s
release
plan,
a
presumption
arises
30
that
the
person
poses
a
risk
to
public
safety.
The
department
31
of
human
services
or
contracting
agency,
in
cooperation
with
32
local
law
enforcement
agencies,
may
make
a
public
announcement
33
about
the
absconder.
The
public
announcement
may
include
a
34
description
of
the
committed
person,
that
the
committed
person
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is
on
release
with
supervision
from
the
sexually
violent
1
predator
program,
and
any
other
information
pertinent
to
public
2
safety.
3
3.
Upon
the
return
of
the
committed
person
to
a
secure
4
facility,
the
director
of
human
services
or
the
director’s
5
designee
shall
notify
the
court
that
issued
the
ex
parte
6
order
that
the
committed
person
has
been
returned
to
a
secure
7
facility,
and
the
court
shall
set
hearing
to
determine
if
a
8
violation
occurred.
If
a
court
order
was
not
issued,
the
9
director
or
the
director’s
designee
shall
contact
the
nearest
10
district
court
with
jurisdiction
to
set
a
hearing
to
determine
11
whether
a
violation
of
the
conditions
of
the
release
plan
12
occurred.
The
court
shall
schedule
a
hearing
after
receiving
13
notice
that
the
committed
person
has
been
returned
to
a
secure
14
facility.
15
5.
If
the
court
determines
a
violation
occurred,
the
court
16
shall
receive
release
recommendations
from
the
department
of
17
human
services
and
either
order
that
the
committed
person
18
be
returned
to
release
with
supervision
or
placed
in
a
19
transitional
release
program,
or
be
confined
in
a
secure
20
facility.
The
court
may
impose
further
conditions
upon
the
21
committed
person
if
returned
to
release
with
supervision
or
22
placed
in
the
transitional
release
program.
If
the
court
23
determines
no
violation
occurred,
the
committed
person
shall
be
24
returned
to
release
with
supervision.
25
Sec.
547.
Section
229A.10,
subsection
1,
Code
2023,
is
26
amended
to
read
as
follows:
27
1.
If
the
director
of
human
services
determines
that
the
28
person’s
mental
abnormality
has
so
changed
that
the
person
is
29
not
likely
to
engage
in
predatory
acts
that
constitute
sexually
30
violent
offenses
if
discharged,
the
director
shall
authorize
31
the
person
to
petition
the
court
for
discharge.
The
petition
32
shall
be
served
upon
the
court
and
the
attorney
general.
The
33
court,
upon
receipt
of
the
petition
for
discharge,
shall
order
34
a
hearing
within
thirty
days.
The
attorney
general
shall
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represent
the
state,
and
shall
have
the
right
to
have
the
1
petitioner
examined
by
an
expert
or
professional
person
of
2
the
attorney
general’s
choice.
The
hearing
shall
be
before
3
a
jury
if
demanded
by
either
the
petitioner
or
the
attorney
4
general.
If
the
attorney
general
objects
to
the
petition
for
5
discharge,
the
burden
of
proof
shall
be
upon
the
attorney
6
general
to
show
beyond
a
reasonable
doubt
that
the
petitioner’s
7
mental
abnormality
or
personality
disorder
remains
such
that
8
the
petitioner
is
likely
to
engage
in
predatory
acts
that
9
constitute
sexually
violent
offenses
if
discharged.
10
Sec.
548.
Section
229A.11,
Code
2023,
is
amended
to
read
as
11
follows:
12
229A.11
Subsequent
discharge
or
transitional
release
13
petitions
——
limitations.
14
Nothing
in
this
chapter
shall
prohibit
a
person
from
filing
15
a
petition
for
discharge
or
placement
in
a
transitional
release
16
program,
pursuant
to
this
chapter
.
However,
if
a
person
has
17
previously
filed
a
petition
for
discharge
or
for
placement
18
in
a
transitional
release
program
without
the
authorization
19
of
the
director
of
human
services
,
and
the
court
determines
20
either
upon
review
of
the
petition
or
following
a
hearing
that
21
the
petition
was
frivolous
or
that
the
petitioner’s
condition
22
had
not
so
changed
that
the
person
was
not
likely
to
engage
23
in
predatory
acts
constituting
sexually
violent
offenses
24
if
discharged,
or
was
not
suitable
for
placement
in
the
25
transitional
release
program,
then
the
court
shall
summarily
26
deny
the
subsequent
petition
unless
the
petition
contains
facts
27
upon
which
a
court
could
find
the
condition
of
the
petitioner
28
had
so
changed
that
a
hearing
was
warranted.
Upon
receipt
of
a
29
first
or
subsequent
petition
from
a
committed
person
without
30
the
director’s
authorization,
the
court
shall
endeavor
whenever
31
possible
to
review
the
petition
and
determine
if
the
petition
32
is
based
upon
frivolous
grounds.
If
the
court
determines
that
33
a
petition
is
frivolous,
the
court
shall
dismiss
the
petition
34
without
a
hearing.
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Sec.
549.
Section
229A.12,
Code
2023,
is
amended
to
read
as
1
follows:
2
229A.12
Director
of
human
services
——
responsibility
for
3
costs
——
reimbursement.
4
The
director
of
human
services
shall
be
responsible
for
5
all
costs
relating
to
the
evaluation,
treatment,
and
services
6
provided
to
a
person
that
are
incurred
after
the
person
is
7
committed
to
the
director’s
custody
after
the
court
or
jury
8
determines
that
the
respondent
is
a
sexually
violent
predator
9
and
pursuant
to
commitment
under
any
provision
of
this
chapter
.
10
If
placement
in
a
transitional
release
program
or
supervision
11
is
ordered,
the
director
shall
also
be
responsible
for
all
12
costs
related
to
the
transitional
release
program
or
to
the
13
supervision
and
treatment
of
any
person.
Reimbursement
may
14
be
obtained
by
the
director
from
the
patient
and
any
person
15
legally
liable
or
bound
by
contract
for
the
support
of
the
16
patient
for
the
cost
of
confinement
or
of
care
and
treatment
17
provided.
To
the
extent
allowed
by
the
United
States
social
18
security
administration,
any
benefit
payments
received
by
the
19
person
pursuant
to
the
federal
Social
Security
Act
shall
be
20
used
for
the
costs
incurred.
As
used
in
this
section
,
“any
21
person
legally
liable”
does
not
include
a
political
subdivision.
22
Sec.
550.
Section
229A.15B,
Code
2023,
is
amended
to
read
23
as
follows:
24
229A.15B
Rulemaking
authority.
25
The
department
of
human
services
shall
adopt
rules
pursuant
26
to
chapter
17A
necessary
to
administer
this
chapter
.
27
Sec.
551.
Section
230.1,
Code
2023,
is
amended
to
read
as
28
follows:
29
230.1
Definitions.
30
As
used
in
this
chapter,
unless
the
context
otherwise
31
requires:
32
1.
“Administrator”
means
the
administrator
of
the
department
33
of
human
services
assigned,
in
accordance
with
section
34
218.1
,
to
control
the
state
mental
health
institutes,
or
that
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administrator’s
designee.
1
2.
1.
“Book”
,
“list”
,
“record”
,
or
“schedule”
kept
by
a
2
county
auditor,
assessor,
treasurer,
recorder,
sheriff,
or
3
other
county
officer
means
the
county
system
as
defined
in
4
section
445.1
.
5
3.
2.
“Department”
means
the
department
of
health
and
human
6
services.
7
3.
“Director”
means
the
director
of
health
and
human
8
services.
9
4.
“Region”
means
a
mental
health
and
disability
services
10
region
formed
in
accordance
with
section
331.389
.
11
5.
“Regional
administrator”
means
the
same
as
defined
in
12
section
331.388
.
13
6.
“State
mental
health
institute”
or
“mental
health
14
institute”
means
a
mental
health
institute
designated
in
section
15
226.1.
16
Sec.
552.
Section
230.1A,
Code
2023,
is
amended
to
read
as
17
follows:
18
230.1A
Liability
of
county
and
state.
19
1.
The
necessary
and
legal
costs
and
expenses
attending
20
for
the
taking
into
custody,
care,
investigation,
admission,
21
commitment,
and
support
of
a
person
with
mental
illness
22
admitted
or
committed
to
a
state
hospital
mental
health
23
institute
shall
be
paid
by
the
regional
administrator
on
behalf
24
of
the
person’s
county
of
residence
or
by
the
state
as
follows:
25
a.
If
the
person
is
eighteen
years
of
age
or
older,
as
26
follows:
27
(1)
The
costs
attributed
to
mental
illness
shall
be
paid
by
28
the
regional
administrator
on
behalf
of
the
person’s
county
of
29
residence.
30
(2)
The
costs
attributed
to
a
substance-related
substance
31
use
disorder
shall
be
paid
by
the
person’s
county
of
residence.
32
(3)
The
costs
attributable
to
a
dual
diagnosis
of
mental
33
illness
and
a
substance-related
substance
use
disorder
may
be
34
split
divided
as
provided
in
section
226.9C.
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b.
By
the
state
if
such
person
has
no
residence
in
this
1
state,
if
the
person’s
residence
is
unknown,
or
if
the
person
2
is
under
eighteen
years
of
age.
3
2.
The
county
of
residence
of
any
person
with
mental
4
illness
who
is
a
patient
of
any
state
institution
mental
health
5
institute
shall
be
the
person’s
county
of
residence
existing
at
6
the
time
of
admission
to
the
institution
institute
.
7
3.
A
region
or
county
of
residence
is
not
liable
for
8
costs
and
expenses
associated
with
a
person
with
mental
9
illness
unless
the
costs
and
expenses
are
for
services
and
10
other
support
authorized
for
the
person
through
the
regional
11
administrator
for
the
county.
12
Sec.
553.
Section
230.5,
Code
2023,
is
amended
to
read
as
13
follows:
14
230.5
Nonresidents.
15
If
a
person’s
residence
is
determined
in
accordance
with
16
section
230.2
or
230.3
to
be
in
a
foreign
state
or
country,
17
or
is
unknown,
the
court
or
the
regional
administrator
of
the
18
person’s
county
of
residence
shall
immediately
certify
the
19
determination
to
the
department’s
administrator
department
.
20
The
certification
shall
be
accompanied
by
a
copy
of
the
21
evidence
supporting
the
determination.
A
court
order
issued
22
pursuant
to
section
229.13
shall
direct
that
the
patient
be
23
hospitalized
at
the
appropriate
state
hospital
for
persons
with
24
mental
illness
health
institute
.
25
Sec.
554.
Section
230.6,
Code
2023,
is
amended
to
read
as
26
follows:
27
230.6
Investigation
by
administrator
department
.
28
The
administrator
department
shall
immediately
investigate
29
the
residency
of
a
patient
and
proceed
as
follows:
30
1.
If
the
administrator
department
concurs
with
a
certified
31
determination
of
residency
concerning
the
patient,
the
32
administrator
department
shall
cause
the
patient
either
to
33
be
transferred
to
a
state
hospital
for
persons
with
mental
34
illness
health
institute
at
the
expense
of
the
state,
or
to
be
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transferred,
with
approval
of
the
court
as
required
by
chapter
1
229
,
to
the
place
of
foreign
residence.
2
2.
If
the
administrator
department
disputes
a
certified
3
legal
residency
determination,
the
administrator
department
4
shall
order
the
patient
to
be
maintained
at
a
state
hospital
5
for
persons
with
mental
illness
health
institute
at
the
expense
6
of
the
state
until
the
dispute
is
resolved.
7
3.
If
the
administrator
department
disputes
a
residency
8
determination,
the
administrator
department
shall
utilize
the
9
procedure
provided
in
section
331.394
to
resolve
the
dispute.
10
A
determination
of
the
person’s
residency
status
made
pursuant
11
to
section
331.394
is
conclusive.
12
Sec.
555.
Section
230.7,
Code
2023,
is
amended
to
read
as
13
follows:
14
230.7
Transfer
of
nonresidents.
15
Upon
determining
that
a
patient
in
a
state
hospital
mental
16
health
institute
who
has
been
involuntarily
hospitalized
under
17
chapter
229
or
admitted
voluntarily
at
public
expense
was
18
not
a
resident
of
this
state
at
the
time
of
the
involuntary
19
hospitalization
or
admission,
the
administrator
director
or
20
director’s
designee
may
cause
that
the
patient
to
be
conveyed
21
to
the
patient’s
place
of
residence.
However,
a
transfer
22
under
this
section
may
be
made
only
if
the
patient’s
condition
23
so
permits
and
other
reasons
do
not
render
the
transfer
24
inadvisable.
If
the
patient
was
involuntarily
hospitalized,
25
prior
approval
of
the
transfer
must
shall
be
obtained
from
the
26
court
which
ordered
the
patient
hospitalized.
27
Sec.
556.
Section
230.8,
Code
2023,
is
amended
to
read
as
28
follows:
29
230.8
Transfers
of
persons
with
mental
illness
——
expenses.
30
The
transfer
to
any
state
hospitals
mental
health
institute
31
or
to
the
places
of
their
residence
of
persons
with
mental
32
illness
who
have
no
residence
in
this
state
or
whose
residence
33
is
unknown,
shall
be
made
according
to
the
directions
of
the
34
administrator
department
,
and
when
practicable
by
employees
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of
the
state
hospitals
mental
health
institutes
.
The
actual
1
and
necessary
expenses
of
such
transfers
shall
be
paid
by
the
2
department
on
itemized
vouchers
sworn
to
by
the
claimants
and
3
approved
by
the
administrator
director
.
4
Sec.
557.
Section
230.9,
Code
2023,
is
amended
to
read
as
5
follows:
6
230.9
Subsequent
discovery
of
residence.
7
If,
after
a
person
has
been
received
by
a
state
hospital
for
8
persons
with
mental
illness
health
institute
whose
residence
is
9
supposed
to
be
outside
this
state,
the
administrator
department
10
determines
that
the
residence
of
the
person
was,
at
the
time
11
of
admission
or
commitment,
in
a
county
of
this
state,
the
12
administrator
department
shall
certify
the
determination
13
and
charge
all
legal
costs
and
expenses
pertaining
to
the
14
admission
or
commitment
and
support
of
the
person
to
the
15
regional
administrator
of
the
person’s
county
of
residence.
16
The
certification
shall
be
sent
to
the
regional
administrator
17
of
the
person’s
county
of
residence.
The
certification
18
shall
be
accompanied
by
a
copy
of
the
evidence
supporting
the
19
determination.
The
costs
and
expenses
shall
be
collected
as
20
provided
by
law
in
other
cases.
If
the
person’s
residency
21
status
has
been
determined
in
accordance
with
section
331.394
,
22
the
legal
costs
and
expenses
shall
be
charged
in
accordance
23
with
that
determination.
24
Sec.
558.
Section
230.10,
Code
2023,
is
amended
to
read
as
25
follows:
26
230.10
Payment
of
costs.
27
All
legal
costs
and
expenses
attending
for
the
taking
into
28
custody,
care,
investigation,
and
admission
or
commitment
of
29
a
person
to
a
state
hospital
for
persons
with
mental
illness
30
health
institute
under
a
finding
that
the
person
has
residency
31
in
another
county
of
this
state
shall
be
charged
against
the
32
regional
administrator
of
the
person’s
county
of
residence.
33
Sec.
559.
Section
230.11,
Code
2023,
is
amended
to
read
as
34
follows:
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230.11
Recovery
of
costs
from
state.
1
Costs
and
expenses
attending
for
the
taking
into
custody,
2
care,
and
investigation
of
a
person
who
has
been
admitted
3
or
committed
to
a
state
hospital
mental
health
institute
,
4
United
States
department
of
veterans
affairs
hospital,
or
5
other
agency
of
the
United
States
government,
for
persons
with
6
mental
illness
and
who
has
no
residence
in
this
state
or
whose
7
residence
is
unknown,
including
cost
of
commitment,
if
any,
8
shall
be
paid
as
approved
by
the
administrator
department
.
The
9
amount
of
the
costs
and
expenses
approved
by
the
administrator
10
department
is
appropriated
to
the
department
from
any
moneys
in
11
the
state
treasury
not
otherwise
appropriated.
Payment
shall
12
be
made
by
the
department
on
itemized
vouchers
executed
by
the
13
regional
administrator
of
the
person’s
county
which
has
paid
14
them,
and
approved
by
the
administrator
department
.
15
Sec.
560.
Section
230.12,
Code
2023,
is
amended
to
read
as
16
follows:
17
230.12
Residency
disputes.
18
If
a
dispute
arises
between
different
counties
or
between
19
the
administrator
department
and
a
regional
administrator
for
a
20
county
as
to
the
residence
of
a
person
admitted
or
committed
21
to
a
state
hospital
for
persons
with
mental
illness
health
22
institute
,
the
dispute
shall
be
resolved
as
provided
in
section
23
331.394
.
24
Sec.
561.
Section
230.15,
Code
2023,
is
amended
to
read
as
25
follows:
26
230.15
Personal
liability.
27
1.
A
person
with
mental
illness
and
a
person
legally
liable
28
for
the
person’s
support
remain
liable
for
the
support
of
29
the
person
with
mental
illness
as
provided
in
this
section
.
30
Persons
legally
liable
for
the
support
of
a
person
with
mental
31
illness
include
the
spouse
of
the
person,
and
any
person
32
bound
by
contract
for
support
of
the
person.
The
regional
33
administrator
of
the
person’s
county
of
residence,
subject
to
34
the
direction
of
the
region’s
governing
board,
shall
enforce
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the
obligation
created
in
this
section
as
to
all
sums
advanced
1
by
the
regional
administrator.
The
liability
to
the
regional
2
administrator
incurred
by
a
person
with
mental
illness
or
a
3
person
legally
liable
for
the
person’s
support
under
this
4
section
is
limited
to
an
amount
equal
to
one
hundred
percent
5
of
the
cost
of
care
and
treatment
of
the
person
with
mental
6
illness
at
a
state
mental
health
institute
for
one
hundred
7
twenty
days
of
hospitalization.
This
limit
of
liability
may
8
be
reached
by
payment
of
the
cost
of
care
and
treatment
of
the
9
person
with
mental
illness
subsequent
to
a
single
admission
10
or
multiple
admissions
to
a
state
mental
health
institute
11
or,
if
the
person
is
not
discharged
as
cured,
subsequent
to
12
a
single
transfer
or
multiple
transfers
to
a
county
care
13
facility
pursuant
to
section
227.11
.
After
reaching
this
14
limit
of
liability,
a
person
with
mental
illness
or
a
person
15
legally
liable
for
the
person’s
support
is
liable
to
the
16
regional
administrator
for
the
care
and
treatment
of
the
person
17
with
mental
illness
at
a
state
mental
health
institute
or,
18
if
transferred
but
not
discharged
as
cured,
at
a
county
care
19
facility
in
an
amount
not
in
excess
of
the
average
minimum
20
cost
of
the
maintenance
of
an
individual
who
is
physically
and
21
mentally
healthy
residing
in
the
individual’s
own
home,
which
22
standard
shall
be
established
and
may
from
time
to
time
be
23
revised
by
the
department
of
human
services
.
A
lien
imposed
24
by
section
230.25
shall
not
exceed
the
amount
of
the
liability
25
which
may
be
incurred
under
this
section
on
account
of
a
person
26
with
mental
illness.
27
2.
A
person
with
a
substance-related
substance
use
28
disorder
is
legally
liable
for
the
total
amount
of
the
cost
of
29
providing
care,
maintenance,
and
treatment
for
the
person
with
30
a
substance-related
substance
use
disorder
while
a
voluntary
31
or
committed
patient.
When
a
portion
of
the
cost
is
paid
32
by
a
county,
the
person
with
a
substance-related
substance
33
use
disorder
is
legally
liable
to
the
county
for
the
amount
34
paid.
The
person
with
a
substance-related
substance
use
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disorder
shall
assign
any
claim
for
reimbursement
under
any
1
contract
of
indemnity,
by
insurance
or
otherwise,
providing
2
for
the
person’s
care,
maintenance,
and
treatment
in
a
state
3
hospital
mental
health
institute
to
the
state.
Any
payments
4
received
by
the
state
from
or
on
behalf
of
a
person
with
a
5
substance-related
substance
use
disorder
shall
be
in
part
6
credited
to
the
county
in
proportion
to
the
share
of
the
costs
7
paid
by
the
county.
8
3.
Nothing
in
this
section
shall
be
construed
to
prevent
9
a
relative
or
other
person
from
voluntarily
paying
the
full
10
actual
cost
or
any
portion
of
the
care
and
treatment
of
any
11
person
with
mental
illness
or
a
substance-related
substance
use
12
disorder
as
established
by
the
department
of
human
services
.
13
Sec.
562.
Section
230.18,
Code
2023,
is
amended
to
read
as
14
follows:
15
230.18
Expense
in
county
or
private
hospitals
facility
.
16
The
estates
of
persons
with
mental
illness
who
may
be
17
treated
or
confined
in
any
county
hospital
or
home,
or
in
any
18
private
hospital
or
sanatorium
facility
,
and
the
estates
of
19
persons
legally
bound
for
their
support,
shall
be
liable
to
the
20
regional
administrator
of
the
person’s
county
of
residence
for
21
the
reasonable
cost
of
such
support.
22
Sec.
563.
Section
230.19,
Code
2023,
is
amended
to
read
as
23
follows:
24
230.19
Nonresidents
liable
to
state
——
presumption.
25
The
estates
of
all
nonresident
patients
provided
for
and
26
treated
in
state
hospitals
for
persons
with
mental
illness
27
health
institutes
in
this
state,
and
all
persons
legally
bound
28
for
the
support
of
such
patients,
shall
be
liable
to
the
29
state
for
the
reasonable
value
of
the
care,
maintenance,
and
30
treatment
of
such
patients
while
in
such
hospitals
institutes
.
31
The
certificate
of
the
superintendent
of
the
state
hospital
32
mental
health
institute
in
which
any
nonresident
is
or
has
been
33
a
patient,
showing
the
amounts
drawn
from
the
state
treasury
or
34
due
therefrom
as
provided
by
law
on
account
of
such
nonresident
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patient,
shall
be
presumptive
evidence
of
the
reasonable
value
1
of
the
care,
maintenance,
and
treatment
furnished
such
patient.
2
Sec.
564.
Section
230.20,
subsection
1,
paragraph
a,
3
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
4
(1)
The
costs
of
food,
lodging,
and
other
maintenance
5
provided
to
persons
not
patients
of
the
hospital
state
mental
6
health
institute
.
7
Sec.
565.
Section
230.20,
subsection
7,
Code
2023,
is
8
amended
to
read
as
follows:
9
7.
A
superintendent
of
a
mental
health
institute
may
request
10
that
the
director
of
human
services
enter
into
a
contract
11
with
a
person
for
the
mental
health
institute
to
provide
12
consultation
or
treatment
services
or
for
fulfilling
other
13
purposes
which
are
consistent
with
the
purposes
stated
in
14
section
226.1
.
The
contract
provisions
shall
include
charges
15
which
reflect
the
actual
cost
of
providing
the
services
or
16
fulfilling
the
other
purposes.
Any
income
from
a
contract
17
authorized
under
this
subsection
may
be
retained
by
the
18
mental
health
institute
to
defray
the
costs
of
providing
the
19
services.
Except
for
a
contract
voluntarily
entered
into
by
a
20
county
under
this
subsection
,
the
costs
or
income
associated
21
with
a
contract
authorized
under
this
subsection
shall
not
22
be
considered
in
computing
charges
and
per
diem
costs
in
23
accordance
with
the
provisions
of
subsections
1
through
6
.
24
Sec.
566.
Section
230.26,
Code
2023,
is
amended
to
read
as
25
follows:
26
230.26
Regional
administrator
to
keep
record.
27
The
regional
administrator
shall
keep
an
accurate
account
28
of
the
cost
of
the
maintenance
of
any
patient
kept
in
any
29
institution
facility
as
provided
for
in
this
chapter
and
keep
30
an
index
of
the
names
of
the
persons
admitted
or
committed
from
31
each
county
in
the
region.
The
name
of
the
spouse
of
the
person
32
admitted
or
committed
shall
also
be
indexed
in
the
same
manner
33
as
the
names
of
the
persons
admitted
or
committed
are
indexed.
34
The
book
shall
be
designated
as
an
account
book
or
index,
and
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shall
have
no
reference
in
any
place
to
a
lien.
1
Sec.
567.
Section
230.31,
Code
2023,
is
amended
to
read
as
2
follows:
3
230.31
Departers
from
other
states.
4
If
a
person
with
mental
illness
departs
without
proper
5
authority
from
an
institution
a
facility
in
another
state
and
6
is
found
in
this
state,
a
peace
officer
in
the
county
in
which
7
the
patient
is
found
may
take
and
detain
the
patient
without
8
order
and
shall
report
the
detention
to
the
administrator
9
department
who
shall
provide
for
the
return
of
the
patient
10
to
the
authorities
of
the
state
where
the
unauthorized
leave
11
was
made.
Pending
such
return,
the
patient
may
be
detained
12
temporarily
at
one
of
the
institutions
of
this
state
under
the
13
control
of
the
administrator
or
any
other
administrator
of
the
14
department
of
human
services
.
Expenses
incurred
under
this
15
section
shall
be
paid
in
the
same
manner
as
is
provided
for
16
transfers
in
section
230.8
.
17
Sec.
568.
Section
230.32,
Code
2023,
is
amended
to
read
as
18
follows:
19
230.32
Support
of
nonresident
patients
on
leave.
20
The
cost
of
support
of
patients
without
residence
in
this
21
state,
who
are
placed
on
convalescent
leave
or
removed
from
22
a
state
mental
health
institute
to
any
health
care
facility
23
licensed
under
chapter
135C
for
rehabilitation
purposes,
24
shall
be
paid
from
the
hospital
state
mental
health
institute
25
support
fund
and
shall
be
charged
on
abstract
in
the
same
26
manner
as
state
inpatients,
until
such
time
as
the
patient
27
becomes
self-supporting
or
qualifies
for
support
under
existing
28
statutes.
29
Sec.
569.
Section
230.33,
Code
2023,
is
amended
to
read
as
30
follows:
31
230.33
Reciprocal
agreements.
32
1.
The
administrator
department
may
enter
into
agreements
33
with
other
states,
through
their
duly
constituted
authorities,
34
to
effect
the
reciprocal
return
of
persons
with
mental
illness
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and
persons
with
an
intellectual
disability
to
the
contracting
1
states,
and
to
effect
the
reciprocal
supervision
of
persons
on
2
convalescent
leave.
3
2.
However,
in
the
case
of
a
proposed
transfer
of
a
person
4
with
mental
illness
or
an
intellectual
disability
from
this
5
state,
final
action
shall
not
be
taken
without
the
approval
of
6
the
district
court
of
the
county
of
admission
or
commitment.
7
Sec.
570.
Section
230A.101,
Code
2023,
is
amended
to
read
8
as
follows:
9
230A.101
Services
system
roles.
10
1.
The
role
of
the
department
of
human
services,
through
11
the
division
of
the
department
designated
as
the
state
12
mental
health
authority
with
responsibility
for
state
policy
13
concerning
mental
health
and
disability
services,
is
to
develop
14
and
maintain
policies
for
the
mental
health
and
disability
15
services
system.
The
policies
shall
address
the
service
needs
16
of
individuals
of
all
ages
with
disabilities
in
this
state,
17
regardless
of
the
individuals’
places
of
residence
or
economic
18
circumstances,
and
shall
be
consistent
with
the
requirements
of
19
chapter
225C
and
other
applicable
law.
20
2.
The
role
of
community
mental
health
centers
in
the
21
mental
health
and
disability
services
system
is
to
provide
22
an
organized
set
of
services
in
order
to
adequately
meet
the
23
mental
health
needs
of
this
state’s
citizens
based
on
organized
24
catchment
areas.
25
Sec.
571.
Section
230A.102,
Code
2023,
is
amended
to
read
26
as
follows:
27
230A.102
Definitions.
28
As
used
in
this
chapter
,
unless
the
context
otherwise
29
requires:
30
1.
“Administrator”
,
“commission”
“Commission”
,
“department”
,
31
“director”
,
and
“disability
services”
,
and
“division”
mean
the
32
same
as
defined
in
section
225C.2
.
33
2.
“Catchment
area”
means
a
community
mental
health
center
34
catchment
area
identified
in
accordance
with
this
chapter
.
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3.
“Community
mental
health
center”
or
“center”
means
a
1
community
mental
health
center
designated
in
accordance
with
2
this
chapter
.
3
Sec.
572.
Section
230A.103,
Code
2023,
is
amended
to
read
4
as
follows:
5
230A.103
Designation
of
community
mental
health
centers.
6
1.
The
division
department
,
subject
to
agreement
by
any
7
community
mental
health
center
that
would
provide
services
8
for
the
catchment
area
and
approval
by
the
commission,
9
shall
designate
at
least
one
community
mental
health
center
10
under
this
chapter
for
addressing
the
mental
health
needs
of
11
the
county
or
counties
comprising
the
catchment
area.
The
12
designation
process
shall
provide
for
the
input
of
potential
13
service
providers
regarding
designation
of
the
initial
14
catchment
area
or
a
change
in
the
designation.
15
2.
The
division
department
shall
utilize
objective
criteria
16
for
designating
a
community
mental
health
center
to
serve
a
17
catchment
area
and
for
withdrawing
such
designation.
The
18
commission
shall
adopt
rules
outlining
the
criteria.
The
19
criteria
shall
include
but
are
not
limited
to
provisions
for
20
meeting
all
of
the
following
requirements:
21
a.
An
appropriate
means
shall
be
used
for
determining
which
22
prospective
designee
is
best
able
to
serve
all
ages
of
the
23
targeted
population
within
the
catchment
area
with
minimal
or
24
no
service
denials.
25
b.
An
effective
means
shall
be
used
for
determining
the
26
relative
ability
of
a
prospective
designee
to
appropriately
27
provide
mental
health
services
and
other
support
to
consumers
28
residing
within
a
catchment
area
as
well
as
consumers
residing
29
outside
the
catchment
area.
The
criteria
shall
address
the
30
duty
for
a
prospective
designee
to
arrange
placements
outside
31
the
catchment
area
when
such
placements
best
meet
consumer
32
needs
and
to
provide
services
within
the
catchment
area
to
33
consumers
who
reside
outside
the
catchment
area
when
the
34
services
are
necessary
and
appropriate.
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3.
The
board
of
directors
for
a
designated
community
mental
1
health
center
shall
enter
into
an
agreement
with
the
division
2
department
.
The
terms
of
the
agreement
shall
include
but
are
3
not
limited
to
all
of
the
following:
4
a.
The
period
of
time
the
agreement
will
be
in
force.
5
b.
The
services
and
other
support
the
center
will
offer
or
6
provide
for
the
residents
of
the
catchment
area.
7
c.
The
standards
to
be
followed
by
the
center
in
determining
8
whether
and
to
what
extent
the
persons
seeking
services
from
9
the
center
shall
be
considered
to
be
able
to
pay
the
costs
of
10
the
services.
11
d.
The
policies
regarding
availability
of
the
services
12
offered
by
the
center
to
the
residents
of
the
catchment
area
as
13
well
as
consumers
residing
outside
the
catchment
area.
14
e.
The
requirements
for
preparation
and
submission
to
the
15
division
department
of
annual
audits,
cost
reports,
program
16
reports,
performance
measures,
and
other
financial
and
service
17
accountability
information.
18
4.
This
section
does
not
limit
the
authority
of
the
board
or
19
the
boards
of
supervisors
of
any
county
or
group
of
counties
to
20
continue
to
expend
money
to
support
operation
of
a
center.
21
Sec.
573.
Section
230A.104,
Code
2023,
is
amended
to
read
22
as
follows:
23
230A.104
Catchment
areas.
24
1.
The
division
department
shall
collaborate
with
affected
25
counties
in
identifying
community
mental
health
center
26
catchment
areas
in
accordance
with
this
section
.
27
2.
a.
Unless
the
division
department
has
determined
that
28
exceptional
circumstances
exist,
a
catchment
area
shall
be
29
served
by
one
community
mental
health
center.
The
purpose
of
30
this
general
limitation
is
to
clearly
designate
the
center
31
responsible
and
accountable
for
providing
core
mental
health
32
services
to
the
target
population
in
the
catchment
area
and
to
33
protect
the
financial
viability
of
the
centers
comprising
the
34
mental
health
services
system
in
the
state.
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b.
A
formal
review
process
shall
be
used
in
determining
1
whether
exceptional
circumstances
exist
that
justify
2
designating
more
than
one
center
to
serve
a
catchment
area.
3
The
criteria
for
the
review
process
shall
include
but
are
not
4
limited
to
a
means
of
determining
whether
the
catchment
area
5
can
support
more
than
one
center.
6
c.
Criteria
shall
be
provided
that
would
allow
the
7
designation
of
more
than
one
center
for
all
or
a
portion
of
a
8
catchment
area
if
designation
or
approval
for
more
than
one
9
center
was
provided
by
the
division
department
as
of
October
1,
10
2010.
The
criteria
shall
require
a
determination
that
all
such
11
centers
would
be
financially
viable
if
designation
is
provided
12
for
all.
13
Sec.
574.
Section
230A.105,
subsection
1,
paragraph
e,
Code
14
2023,
is
amended
to
read
as
follows:
15
e.
Individuals
described
in
paragraph
“a”
,
“b”
,
“c”
,
or
“d”
16
who
have
a
co-occurring
disorder,
including
but
not
limited
17
to
substance
abuse
use
disorder
,
intellectual
disability,
18
a
developmental
disability,
brain
injury,
autism
spectrum
19
disorder,
or
another
disability
or
special
health
care
need.
20
Sec.
575.
Section
230A.108,
Code
2023,
is
amended
to
read
21
as
follows:
22
230A.108
Administrative,
diagnostic,
and
demographic
23
information.
24
Release
of
administrative
and
diagnostic
information,
as
25
defined
in
section
228.1
,
and
demographic
information
necessary
26
for
aggregated
reporting
to
meet
the
data
requirements
27
established
by
the
division
department
,
relating
to
an
28
individual
who
receives
services
from
a
community
mental
health
29
center,
may
be
made
a
condition
of
support
of
that
center
by
30
the
division
department
.
31
Sec.
576.
Section
230A.110,
subsections
1
and
2,
Code
2023,
32
are
amended
to
read
as
follows:
33
1.
The
division
department
shall
recommend
and
the
34
commission
shall
adopt
standards
for
designated
community
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mental
health
centers
and
comprehensive
community
mental
health
1
programs,
with
the
overall
objective
of
ensuring
that
each
2
center
and
each
affiliate
providing
services
under
contract
3
with
a
center
furnishes
high-quality
mental
health
services
4
within
a
framework
of
accountability
to
the
community
it
5
serves.
The
standards
adopted
shall
conform
with
federal
6
standards
applicable
to
community
mental
health
centers
7
and
shall
be
in
substantial
conformity
with
the
applicable
8
behavioral
health
standards
adopted
by
the
joint
commission,
9
formerly
known
as
the
joint
commission
on
accreditation
10
of
health
care
organizations,
or
other
recognized
national
11
standards
for
evaluation
of
psychiatric
facilities
unless
in
12
the
judgment
of
the
division
department
,
with
approval
of
the
13
commission,
there
are
sound
reasons
for
departing
from
the
14
standards.
15
2.
When
recommending
standards
under
this
section
,
the
16
division
department
shall
designate
an
advisory
committee
17
representing
boards
of
directors
and
professional
staff
18
of
designated
community
mental
health
centers
to
assist
in
19
the
formulation
or
revision
of
standards.
The
membership
20
of
the
advisory
committee
shall
include
representatives
of
21
professional
and
nonprofessional
staff
and
other
appropriate
22
individuals.
23
Sec.
577.
Section
230A.110,
subsection
3,
paragraph
c,
Code
24
2023,
is
amended
to
read
as
follows:
25
c.
Arrange
for
the
financial
condition
and
transactions
26
of
the
community
mental
health
center
to
be
audited
once
27
each
year
by
the
auditor
of
state.
However,
in
lieu
of
an
28
audit
by
the
auditor
of
state,
the
local
governing
body
of
a
29
community
mental
health
center
organized
under
this
chapter
30
may
contract
with
or
employ
certified
public
accountants
31
to
conduct
the
audit,
pursuant
to
the
applicable
terms
and
32
conditions
prescribed
by
sections
11.6
and
11.19
and
audit
33
format
prescribed
by
the
auditor
of
state.
Copies
of
each
34
audit
shall
be
furnished
by
the
auditor
or
accountant
to
the
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administrator
of
the
division
of
mental
health
and
disability
1
services
department
.
2
Sec.
578.
Section
230A.111,
Code
2023,
is
amended
to
read
3
as
follows:
4
230A.111
Review
and
evaluation.
5
1.
The
review
and
evaluation
of
designated
centers
shall
6
be
performed
through
a
formal
accreditation
review
process
as
7
recommended
by
the
division
department
and
approved
by
the
8
commission.
The
accreditation
process
shall
include
all
of
the
9
following:
10
a.
Specific
time
intervals
for
full
accreditation
reviews
11
based
upon
levels
of
accreditation.
12
b.
Use
of
random
or
complaint-specific,
on-site
limited
13
accreditation
reviews
in
the
interim
between
full
accreditation
14
reviews,
as
a
quality
review
approach.
The
results
of
such
15
reviews
shall
be
presented
to
the
commission.
16
c.
Use
of
center
accreditation
self-assessment
tools
to
17
gather
data
regarding
quality
of
care
and
outcomes,
whether
18
used
during
full
or
limited
reviews
or
at
other
times.
19
2.
The
accreditation
process
shall
include
but
is
not
20
limited
to
addressing
all
of
the
following:
21
a.
Measures
to
address
centers
that
do
not
meet
standards,
22
including
authority
to
revoke
accreditation.
23
b.
Measures
to
address
noncompliant
centers
that
do
not
24
develop
a
corrective
action
plan
or
fail
to
implement
steps
25
included
in
a
corrective
action
plan
accepted
by
the
division
26
department
.
27
c.
Measures
to
appropriately
recognize
centers
that
28
successfully
complete
a
corrective
action
plan.
29
d.
Criteria
to
determine
when
a
center’s
accreditation
30
should
be
denied,
revoked,
suspended,
or
made
provisional.
31
Sec.
579.
Section
231.4,
subsection
1,
paragraphs
e
and
f,
32
Code
2023,
are
amended
to
read
as
follows:
33
e.
“Department”
means
the
department
on
aging
of
health
and
34
human
services
.
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f.
“Director”
means
the
director
of
the
department
on
aging
1
health
and
human
services
.
2
Sec.
580.
Section
231.21,
Code
2023,
is
amended
to
read
as
3
follows:
4
231.21
Department
on
aging
Administration
of
chapter
——
5
department
of
health
and
human
services
.
6
An
Iowa
The
department
on
aging
is
established
which
of
7
health
and
human
services
shall
administer
this
chapter
8
under
the
policy
direction
of
the
commission
on
aging.
The
9
department
on
aging
shall
be
administered
by
a
director.
10
Sec.
581.
Section
231.23,
Code
2023,
is
amended
to
read
as
11
follows:
12
231.23
Department
on
aging
——
duties
and
authority.
13
The
department
on
aging
director
shall:
14
1.
Develop
and
administer
a
state
plan
on
aging.
15
2.
Assist
the
commission
in
the
review
and
approval
of
area
16
plans.
17
3.
Pursuant
to
commission
policy,
coordinate
state
18
activities
related
to
the
purposes
of
this
chapter
and
all
19
other
chapters
under
the
department’s
jurisdiction.
20
4.
Advocate
for
older
individuals
by
reviewing
and
21
commenting
upon
all
state
plans,
budgets,
laws,
rules,
22
regulations,
and
policies
which
affect
older
individuals
and
23
by
providing
technical
assistance
to
any
agency,
organization,
24
association,
or
individual
representing
the
needs
of
older
25
individuals.
26
5.
Assist
the
commission
in
dividing
the
state
into
distinct
27
planning
and
service
areas.
28
6.
Assist
the
commission
in
designating
for
each
area
a
29
public
or
private
nonprofit
agency
or
organization
as
the
area
30
agency
on
aging
for
that
area.
31
7.
Pursuant
to
commission
policy,
take
into
account
the
32
views
of
older
Iowans.
33
8.
Assist
the
commission
in
adopting
a
method
for
the
34
distribution
of
funds
available
from
the
federal
Act
and
state
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appropriations
and
allocations.
1
9.
Assist
the
commission
in
assuring
that
preference
will
2
be
given
to
providing
services
to
older
individuals
with
the
3
greatest
economic
or
social
needs,
with
particular
attention
to
4
low-income
minority
older
individuals,
older
individuals
with
5
limited
English
proficiency,
and
older
individuals
residing
in
6
rural
areas.
7
10.
Assist
the
commission
in
developing,
adopting,
and
8
enforcing
administrative
rules,
by
issuing
necessary
forms
and
9
procedures.
10
11.
Apply
for,
receive,
and
administer
grants,
devises,
11
donations,
gifts,
or
bequests
of
real
or
personal
property
from
12
any
source
to
conduct
projects
consistent
with
the
purposes
of
13
the
department.
Notwithstanding
section
8.33
,
moneys
received
14
by
the
department
pursuant
to
this
section
are
not
subject
to
15
reversion
to
the
general
fund
of
the
state.
16
12.
Administer
state
authorized
programs.
17
13.
Establish
a
procedure
for
an
area
agency
on
aging
to
18
use
in
selection
of
members
of
the
agency’s
board
of
directors.
19
The
selection
procedure
shall
be
incorporated
into
the
bylaws
20
of
the
board
of
directors.
21
Sec.
582.
Section
231.23A,
unnumbered
paragraph
1,
Code
22
2023,
is
amended
to
read
as
follows:
23
The
department
on
aging
shall
provide
or
administer,
but
is
24
not
limited
to
providing
or
administering,
all
of
the
following
25
programs
and
services:
26
Sec.
583.
Section
231.31,
Code
2023,
is
amended
to
read
as
27
follows:
28
231.31
State
plan
on
aging.
29
The
department
on
aging
shall
develop,
and
submit
to
the
30
commission
on
aging
for
approval,
a
multiyear
state
plan
on
31
aging.
The
state
plan
on
aging
shall
meet
all
applicable
32
federal
requirements.
33
Sec.
584.
Section
231.32,
subsection
2,
paragraph
d,
Code
34
2023,
is
amended
to
read
as
follows:
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d.
Any
public
or
nonprofit
private
agency
in
a
planning
1
and
service
area
or
any
separate
organizational
unit
within
2
such
agency
which
is
under
the
supervision
or
direction
for
3
this
purpose
of
the
department
on
aging
and
which
can
and
will
4
engage
only
in
the
planning
or
provision
of
a
broad
range
of
5
long-term
living
and
community
support
services
or
nutrition
6
services
within
the
planning
and
service
area.
7
Sec.
585.
Section
231.42,
subsection
4,
paragraph
a,
Code
8
2023,
is
amended
to
read
as
follows:
9
a.
If
abuse,
neglect,
or
exploitation
of
a
resident
or
10
tenant
is
suspected,
the
state
or
a
local
long-term
care
11
ombudsman
shall,
with
the
permission
of
the
resident
or
tenant
12
as
applicable
under
federal
law,
make
an
immediate
referral
13
to
the
department
of
inspections
and
appeals,
the
department
14
of
health
and
human
services,
the
department
on
aging,
or
the
15
appropriate
law
enforcement
agency,
as
applicable.
16
Sec.
586.
Section
231.58,
Code
2023,
is
amended
to
read
as
17
follows:
18
231.58
Long-term
living
coordination.
19
The
director
may
convene
meetings,
as
necessary,
of
the
20
director
and
the
directors
of
human
services,
public
health,
21
and
director
of
inspections
and
appeals,
to
assist
in
the
22
coordination
of
policy,
service
delivery,
and
long-range
23
planning
relating
to
the
long-term
living
system
and
older
24
Iowans
in
the
state.
The
group
may
consult
with
individuals,
25
institutions
and
entities
with
expertise
in
the
area
of
the
26
long-term
living
system
and
older
Iowans,
as
necessary,
to
27
facilitate
the
group’s
efforts.
28
Sec.
587.
Section
231C.5,
subsection
2,
paragraph
b,
29
subparagraph
(2),
subparagraph
division
(c),
Code
2023,
is
30
amended
to
read
as
follows:
31
(c)
Contact
information
for
the
department
of
health
and
32
human
services
and
the
senior
health
insurance
information
33
program
to
assist
tenants
in
accessing
third-party
payment
34
sources.
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Sec.
588.
Section
231C.5A,
Code
2023,
is
amended
to
read
as
1
follows:
2
231C.5A
Assessment
of
tenants
——
program
eligibility.
3
An
assisted
living
program
receiving
reimbursement
through
4
the
medical
assistance
program
under
chapter
249A
shall
5
assist
the
department
of
veterans
affairs
in
identifying,
upon
6
admission
of
a
tenant,
the
tenant’s
eligibility
for
benefits
7
through
the
United
States
department
of
veterans
affairs.
The
8
assisted
living
program
shall
also
assist
the
commission
of
9
veterans
affairs
in
determining
such
eligibility
for
tenants
10
residing
in
the
program
on
July
1,
2009.
The
department
of
11
inspections
and
appeals,
in
cooperation
with
the
department
of
12
health
and
human
services,
shall
adopt
rules
to
administer
this
13
section
,
including
a
provision
that
ensures
that
if
a
tenant
is
14
eligible
for
benefits
through
the
United
States
department
of
15
veterans
affairs
or
other
third-party
payor,
the
payor
of
last
16
resort
for
reimbursement
to
the
assisted
living
program
is
the
17
medical
assistance
program.
The
rules
shall
also
require
the
18
assisted
living
program
to
request
information
from
a
tenant
or
19
tenant’s
personal
representative
regarding
the
tenant’s
veteran
20
status
and
to
report
to
the
department
of
veterans
affairs
21
only
the
names
of
tenants
identified
as
potential
veterans
22
along
with
the
names
of
their
spouses
and
any
dependents.
23
Information
reported
by
the
assisted
living
program
shall
be
24
verified
by
the
department
of
veterans
affairs.
25
Sec.
589.
Section
231E.3,
subsections
5
and
6,
Code
2023,
26
are
amended
to
read
as
follows:
27
5.
“Department”
means
the
department
on
aging
established
in
28
section
231.21
of
health
and
human
services
.
29
6.
“Director”
means
the
director
of
the
department
on
aging
30
health
and
human
services
.
31
Sec.
590.
Section
231E.4,
subsection
3,
paragraph
e,
Code
32
2023,
is
amended
to
read
as
follows:
33
e.
Work
with
the
department
of
human
services,
the
34
Iowa
department
of
public
health,
the
Iowa
developmental
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disabilities
council
,
and
other
agencies
to
establish
1
a
referral
system
for
the
provision
of
guardianship,
2
conservatorship,
and
representative
payee
services.
3
Sec.
591.
Section
232.2,
subsections
14
and
18,
Code
2023,
4
are
amended
to
read
as
follows:
5
14.
“Department”
means
the
department
of
health
and
human
6
services
and
includes
the
local
,
and
county
,
and
service
area
7
officers
of
the
department.
8
18.
“Director”
means
the
director
of
the
department
of
9
health
and
human
services
or
that
person’s
the
director’s
10
designee.
11
Sec.
592.
Section
232.11,
subsections
3,
4,
and
5,
Code
12
2023,
are
amended
to
read
as
follows:
13
3.
If
the
child
is
not
represented
by
counsel
as
required
14
under
subsection
1
,
counsel
shall
be
provided
as
follows:
15
a.
If
the
court
determines,
after
giving
the
child’s
parent,
16
guardian
,
or
custodian
an
opportunity
to
be
heard,
that
such
17
person
has
the
ability
in
whole
or
in
part
to
pay
for
the
18
employment
of
counsel,
it
shall
either
order
that
person
to
19
retain
an
attorney
to
represent
the
child
or
shall
appoint
20
counsel
for
the
child
and
order
the
parent,
guardian
,
or
21
custodian
to
pay
for
that
counsel
as
provided
in
subsection
5
.
22
b.
If
the
court
determines
that
the
parent,
guardian,
23
or
custodian
cannot
pay
any
part
of
the
expenses
of
counsel
24
to
represent
the
child,
it
shall
appoint
counsel,
who
shall
25
be
reimbursed
according
to
section
232.141,
subsection
2
,
26
paragraph
“b”
.
27
c.
The
court
may
appoint
counsel
to
represent
the
child
28
and
reserve
the
determination
of
payment
until
the
parent,
29
guardian
,
or
custodian
has
an
opportunity
to
be
heard.
30
4.
If
the
child
is
represented
by
counsel
and
the
court
31
determines
that
there
is
a
conflict
of
interest
between
the
32
child
and
the
child’s
parent,
guardian
,
or
custodian
and
that
33
the
retained
counsel
could
not
properly
represent
the
child
as
34
a
result
of
the
conflict,
the
court
shall
appoint
other
counsel
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to
represent
the
child
and
order
the
parent,
guardian
,
or
1
custodian
to
pay
for
such
counsel
as
provided
in
subsection
5
.
2
5.
If
the
court
determines,
after
an
inquiry
which
includes
3
notice
and
reasonable
opportunity
to
be
heard
that
the
parent,
4
guardian
,
or
custodian
has
the
ability
to
pay
in
whole
or
5
in
part
for
the
attorney
appointed
for
the
child,
the
court
6
may
order
that
person
to
pay
such
sums
as
the
court
finds
7
appropriate
in
the
manner
and
to
whom
the
court
directs.
If
8
the
person
so
ordered
fails
to
comply
with
the
order
without
9
good
reason,
the
court
shall
enter
judgment
against
the
person.
10
Sec.
593.
Section
232.21,
subsection
2,
paragraph
a,
11
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
12
(3)
An
institution
or
other
facility
operated
by
the
13
department
of
human
services
,
or
one
which
is
licensed
or
14
otherwise
authorized
by
law
to
receive
and
provide
care
for
the
15
child.
16
Sec.
594.
Section
232.22,
subsection
5,
paragraph
b,
Code
17
2023,
is
amended
to
read
as
follows:
18
b.
The
court
determines
that
an
acceptable
alternative
19
placement
does
not
exist
pursuant
to
criteria
developed
by
the
20
department
of
human
services
.
21
Sec.
595.
Section
232.28,
subsections
3,
4,
and
5,
Code
22
2023,
are
amended
to
read
as
follows:
23
3.
In
the
course
of
a
preliminary
inquiry,
the
intake
24
officer
may:
25
a.
Interview
the
complainant,
victim
,
or
witnesses
of
the
26
alleged
delinquent
act.
27
b.
Check
existing
records
of
the
court,
law
enforcement
28
agencies,
public
records
of
other
agencies,
and
child
abuse
29
records
as
provided
in
section
235A.15,
subsection
2
,
paragraph
30
“e”
.
31
c.
Hold
conferences
with
the
child
and
the
child’s
parent
or
32
parents,
guardian
,
or
custodian
for
the
purpose
of
interviewing
33
them
and
discussing
the
disposition
of
the
complaint
in
34
accordance
with
the
requirements
set
forth
in
subsection
8
.
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d.
Examine
any
physical
evidence
pertinent
to
the
complaint.
1
e.
Interview
such
persons
as
are
necessary
to
determine
2
whether
the
filing
of
a
petition
would
be
in
the
best
interests
3
of
the
child
and
the
community
as
provided
in
section
232.35,
4
subsections
2
and
3
.
5
4.
Any
additional
inquiries
may
be
made
only
with
the
6
consent
of
the
child
and
the
child’s
parent
or
parents,
7
guardian
,
or
custodian.
8
5.
Participation
of
the
child
and
the
child’s
parent
or
9
parents,
guardian
,
or
custodian
in
a
conference
with
an
intake
10
officer
shall
be
voluntary,
and
they
shall
have
the
right
to
11
refuse
to
participate
in
such
conference.
At
such
conference
12
the
child
shall
have
the
right
to
the
assistance
of
counsel
in
13
accordance
with
section
232.11
and
the
right
to
remain
silent
14
when
questioned
by
the
intake
officer.
15
Sec.
596.
Section
232.29,
subsection
1,
paragraphs
b,
d,
and
16
g,
Code
2023,
are
amended
to
read
as
follows:
17
b.
The
intake
officer
shall
advise
the
child
and
the
child’s
18
parent,
guardian
,
or
custodian
that
they
have
the
right
to
19
refuse
an
informal
adjustment
of
the
complaint
and
demand
the
20
filing
of
a
petition
and
a
formal
adjudication.
21
d.
The
terms
of
such
agreement
shall
be
clearly
stated
in
22
writing
and
signed
by
all
parties
to
the
agreement
and
a
copy
23
of
this
agreement
shall
be
given
to
the
child;
the
counsel
for
24
the
child;
the
parent,
guardian
,
or
custodian;
and
the
intake
25
officer,
who
shall
retain
the
copy
in
the
case
file.
26
g.
The
child
and
the
child’s
parent,
guardian
,
or
custodian
27
shall
have
the
right
to
terminate
such
agreement
at
any
28
time
and
to
request
the
filing
of
a
petition
and
a
formal
29
adjudication.
30
Sec.
597.
Section
232.38,
Code
2023,
is
amended
to
read
as
31
follows:
32
232.38
Presence
of
parents
at
hearings.
33
1.
Any
hearings
or
proceedings
under
this
subchapter
34
subsequent
to
the
filing
of
a
petition
shall
not
take
place
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without
the
presence
of
one
or
both
of
the
child’s
parents,
1
guardian
,
or
custodian
except
that
a
hearing
or
proceeding
may
2
take
place
without
such
presence
if
the
parent,
guardian
,
or
3
custodian
fails
to
appear
after
reasonable
notification,
or
if
4
the
court
finds
that
a
reasonably
diligent
effort
has
been
made
5
to
notify
the
child’s
parent,
guardian,
or
custodian,
and
the
6
effort
was
unavailing.
7
2.
In
any
such
hearings
or
proceedings
the
court
may
8
temporarily
excuse
the
presence
of
the
parent,
guardian
,
or
9
custodian
when
the
court
deems
it
in
the
best
interests
of
the
10
child.
Counsel
for
the
parent,
guardian
,
or
custodian
shall
11
have
the
right
to
participate
in
a
hearing
or
proceeding
during
12
the
absence
of
the
parent,
guardian
,
or
custodian.
13
Sec.
598.
Section
232.43,
subsection
2,
Code
2023,
is
14
amended
to
read
as
follows:
15
2.
The
county
attorney
and
the
child’s
counsel
may
mutually
16
consider
a
plea
agreement
which
contemplates
entry
of
a
plea
17
admitting
the
allegations
of
the
petition
in
the
expectation
18
that
other
charges
will
be
dismissed
or
not
filed
or
that
a
19
specific
disposition
will
be
recommended
by
the
county
attorney
20
and
granted
by
the
court.
Any
plea
discussion
shall
be
open
to
21
the
child
and
the
child’s
parent,
guardian
,
or
custodian.
22
Sec.
599.
Section
232.44,
subsection
5,
paragraph
b,
23
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
24
(1)
Place
the
child
in
the
custody
of
a
parent,
guardian
,
25
or
custodian
under
that
person’s
supervision,
or
under
the
26
supervision
of
an
organization
which
agrees
to
supervise
the
27
child.
28
Sec.
600.
Section
232.44,
subsection
7,
Code
2023,
is
29
amended
to
read
as
follows:
30
7.
If
a
child
held
in
shelter
care
or
detention
by
court
31
order
has
not
been
released
after
a
detention
hearing
or
has
32
not
appeared
at
an
adjudicatory
hearing
before
the
expiration
33
of
the
order
of
detention,
an
additional
hearing
shall
34
automatically
be
scheduled
for
the
next
court
day
following
the
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expiration
of
the
order.
The
child,
the
child’s
counsel,
the
1
child’s
guardian
ad
litem,
and
the
child’s
parent,
guardian
,
2
or
custodian
shall
be
notified
of
this
hearing
not
less
than
3
twenty-four
hours
before
the
hearing
is
scheduled
to
take
4
place.
The
hearing
required
by
this
subsection
may
be
held
by
5
telephone
conference
call.
6
Sec.
601.
Section
232.46,
subsection
1,
paragraph
b,
Code
7
2023,
is
amended
to
read
as
follows:
8
b.
A
child’s
need
for
shelter
placement
or
for
inpatient
9
mental
health
or
substance
abuse
use
disorder
treatment
does
10
not
preclude
entry
or
continued
execution
of
a
consent
decree.
11
Sec.
602.
Section
232.46,
subsection
3,
Code
2023,
is
12
amended
to
read
as
follows:
13
3.
A
consent
decree
shall
not
be
entered
unless
the
child
14
and
the
child’s
parent,
guardian
,
or
custodian
is
informed
15
of
the
consequences
of
the
decree
by
the
court
and
the
court
16
determines
that
the
child
has
voluntarily
and
intelligently
17
agreed
to
the
terms
and
conditions
of
the
decree.
If
the
18
county
attorney
objects
to
the
entry
of
a
consent
decree,
19
the
court
shall
proceed
to
determine
the
appropriateness
of
20
entering
a
consent
decree
after
consideration
of
any
objections
21
or
reasons
for
entering
such
a
decree.
22
Sec.
603.
Section
232.52,
subsection
2,
paragraph
d,
23
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
24
(3)
The
department
of
human
services
for
purposes
of
25
foster
care
and
prescribing
the
type
of
placement
which
will
26
serve
the
best
interests
of
the
child
and
the
means
by
which
27
the
placement
shall
be
monitored
by
the
court.
The
court
28
shall
consider
ordering
placement
in
family
foster
care
as
an
29
alternative
to
group
foster
care.
30
Sec.
604.
Section
232.52,
subsection
2,
paragraph
e,
31
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
32
follows:
33
An
order
transferring
the
custody
of
the
child,
subject
to
34
the
continuing
jurisdiction
and
custody
of
the
court
for
the
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purposes
of
section
232.54
,
to
the
director
of
the
department
1
of
human
services
for
purposes
of
placement
in
the
state
2
training
school
or
other
facility,
provided
that
the
child
is
3
at
least
twelve
years
of
age
and
the
court
finds
the
placement
4
to
be
in
the
best
interests
of
the
child
or
necessary
for
the
5
protection
of
the
public,
and
that
the
child
has
been
found
to
6
have
committed
an
act
which
is
a
forcible
felony,
as
defined
7
in
section
702.11
,
or
a
felony
violation
of
section
124.401
8
or
chapter
707
,
or
the
court
finds
any
three
of
the
following
9
conditions
exist:
10
Sec.
605.
Section
232.52,
subsections
6,
8,
and
9,
Code
11
2023,
are
amended
to
read
as
follows:
12
6.
If
the
court
orders
the
transfer
of
custody
of
the
13
child
to
the
department
of
human
services
or
other
agency
14
for
placement,
the
department
or
agency
responsible
for
the
15
placement
of
the
child
shall
submit
a
case
permanency
plan
to
16
the
court
and
shall
make
every
effort
to
return
the
child
to
17
the
child’s
home
as
quickly
as
possible.
18
8.
If
the
court
orders
the
transfer
of
the
custody
of
the
19
child
to
the
department
of
human
services
or
to
another
agency
20
for
placement
in
group
foster
care,
the
department
or
agency
21
shall
make
every
reasonable
effort
to
place
the
child
in
the
22
least
restrictive,
most
family-like,
and
most
appropriate
23
setting
available
and
in
close
proximity
to
the
parents’
home,
24
consistent
with
the
child’s
best
interests
and
special
needs,
25
and
shall
consider
the
placement’s
proximity
to
the
school
in
26
which
the
child
is
enrolled
at
the
time
of
placement.
27
9.
If
a
child
has
previously
been
adjudicated
as
a
child
28
in
need
of
assistance,
and
a
social
worker
or
other
caseworker
29
from
the
department
of
human
services
has
been
assigned
to
work
30
on
the
child’s
case,
the
court
may
order
the
department
of
31
human
services
to
assign
the
same
social
worker
or
caseworker
32
to
work
on
any
matters
related
to
the
child
arising
under
this
33
subchapter
.
34
Sec.
606.
Section
232.52,
subsection
10,
paragraph
a,
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unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
1
follows:
2
Upon
receipt
of
an
application
from
the
director
of
the
3
department
of
human
services
,
the
court
shall
enter
an
order
4
to
temporarily
transfer
a
child
who
has
been
placed
in
the
5
state
training
school
pursuant
to
subsection
2
,
paragraph
“e”
,
6
to
a
facility
which
has
been
designated
to
be
an
alternative
7
placement
site
for
the
state
training
school,
provided
the
8
court
finds
that
all
of
the
following
conditions
exist:
9
Sec.
607.
Section
232.68,
subsection
4,
Code
2023,
is
10
amended
to
read
as
follows:
11
4.
“Department”
means
the
state
department
of
health
and
12
human
services
and
includes
the
local
,
and
county
,
and
service
13
area
offices
of
the
department.
14
Sec.
608.
Section
232.69,
subsection
1,
paragraph
b,
15
subparagraphs
(6)
and
(7),
Code
2023,
are
amended
to
read
as
16
follows:
17
(6)
An
employee
or
operator
of
a
substance
abuse
use
18
disorder
program
or
facility
licensed
under
chapter
125
.
19
(7)
An
employee
of
a
department
of
human
services
20
institution
listed
in
section
218.1
.
21
Sec.
609.
Section
232.70,
subsections
3,
5,
and
6,
Code
22
2023,
are
amended
to
read
as
follows:
23
3.
The
oral
report
shall
be
made
by
telephone
or
otherwise
24
to
the
department
of
human
services
.
If
the
person
making
the
25
report
has
reason
to
believe
that
immediate
protection
for
the
26
child
is
advisable,
that
person
shall
also
make
an
oral
report
27
to
an
appropriate
law
enforcement
agency.
28
5.
The
oral
and
written
reports
shall
contain
the
following
29
information,
or
as
much
thereof
of
the
following
information
as
30
the
person
making
the
report
is
able
to
furnish:
31
a.
The
names
and
home
address
of
the
child
and
the
child’s
32
parents
or
other
persons
believed
to
be
responsible
for
the
33
child’s
care
;
.
34
b.
The
child’s
present
whereabouts
if
not
the
same
as
the
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parent’s
or
other
person’s
home
address
;
.
1
c.
The
child’s
age
;
.
2
d.
The
nature
and
extent
of
the
child’s
injuries,
including
3
any
evidence
of
previous
injuries
;
.
4
e.
The
name,
age
and
condition
of
other
children
in
the
same
5
home
;
.
6
f.
Any
other
information
which
the
person
making
the
report
7
believes
might
be
helpful
in
establishing
the
cause
of
the
8
injury
to
the
child,
the
identity
of
the
person
or
persons
9
responsible
for
the
injury,
or
in
providing
assistance
to
the
10
child
;
and
.
11
g.
The
name
and
address
of
the
person
making
the
report.
12
6.
A
report
made
by
a
permissive
reporter,
as
defined
in
13
section
232.69,
subsection
2
,
shall
be
regarded
as
a
report
14
pursuant
to
this
chapter
whether
or
not
the
report
contains
15
all
of
the
information
required
by
this
section
and
may
be
16
made
to
the
department
of
human
services
,
county
attorney,
or
17
law
enforcement
agency.
If
the
report
is
made
to
any
agency
18
other
than
the
department
of
human
services
,
such
agency
shall
19
promptly
refer
the
report
to
the
department
of
human
services
.
20
Sec.
610.
Section
232.72,
subsections
1
and
2,
Code
2023,
21
are
amended
to
read
as
follows:
22
1.
For
the
purposes
of
this
subchapter
,
the
terms
23
“department
of
health
and
human
services”
,
“department”
,
or
24
“county
attorney”
ordinarily
refer
to
the
service
area
or
local
25
office
of
the
department
of
human
services
or
of
the
county
26
attorney’s
office
serving
the
county
in
which
the
child’s
home
27
is
located.
28
2.
If
the
person
making
a
report
of
child
abuse
pursuant
to
29
this
chapter
does
not
know
where
the
child’s
home
is
located,
30
or
if
the
child’s
home
is
not
located
in
the
service
area
where
31
the
health
practitioner
examines,
attends,
or
treats
the
child,
32
the
report
may
be
made
to
the
department
or
to
the
local
office
33
serving
the
county
where
the
person
making
the
report
resides
34
or
the
county
where
the
health
practitioner
examines,
attends,
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or
treats
the
child.
These
agencies
shall
promptly
proceed
as
1
provided
in
section
232.71B
,
unless
the
matter
is
transferred
2
as
provided
in
this
section
.
3
Sec.
611.
Section
232.75,
subsection
3,
Code
2023,
is
4
amended
to
read
as
follows:
5
3.
A
person
who
reports
or
causes
to
be
reported
to
the
6
department
of
human
services
false
information
regarding
an
7
alleged
act
of
child
abuse,
knowing
that
the
information
8
is
false
or
that
the
act
did
not
occur,
commits
a
simple
9
misdemeanor.
10
Sec.
612.
Section
232.78,
subsection
4,
Code
2023,
is
11
amended
to
read
as
follows:
12
4.
The
juvenile
court
may
enter
an
order
authorizing
13
a
physician
or
physician
assistant
or
hospital
to
provide
14
emergency
medical
or
surgical
procedures
before
the
filing
of
15
a
petition
under
this
chapter
provided
all
of
the
following
16
conditions
are
met
:
17
a.
Such
procedures
are
necessary
to
safeguard
the
life
and
18
health
of
the
child
;
and
.
19
b.
There
is
not
enough
time
to
file
a
petition
under
this
20
chapter
and
hold
a
hearing
as
provided
in
section
232.95
.
21
Sec.
613.
Section
232.79,
subsection
4,
paragraphs
a
and
b,
22
Code
2023,
are
amended
to
read
as
follows:
23
a.
When
the
court
is
informed
that
there
has
been
an
24
emergency
removal
or
keeping
of
a
child
without
a
court
order,
25
the
court
shall
direct
the
department
of
human
services
or
26
the
juvenile
probation
department
to
make
every
reasonable
27
effort
to
communicate
immediately
with
the
child’s
parent
or
28
parents
or
other
person
legally
responsible
for
the
child’s
29
care.
Upon
locating
the
child’s
parent
or
parents
or
other
30
person
legally
responsible
for
the
child’s
care,
the
department
31
of
human
services
or
the
juvenile
probation
department
shall,
32
in
accordance
with
court-established
procedures,
immediately
33
orally
inform
the
court.
After
orally
informing
the
court,
34
the
department
of
human
services
or
the
juvenile
probation
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department
shall
provide
to
the
court
written
documentation
of
1
the
oral
information.
2
b.
The
court
shall
authorize
the
department
of
human
3
services
or
the
juvenile
probation
department
to
cause
a
4
child
thus
removed
or
kept
to
be
returned
if
it
concludes
5
there
is
not
an
imminent
risk
to
the
child’s
life
and
health
6
in
so
doing.
If
the
department
of
human
services
or
the
7
juvenile
probation
department
receives
information
which
could
8
affect
the
court’s
decision
regarding
the
child’s
return,
9
the
department
of
human
services
or
the
juvenile
probation
10
department,
in
accordance
with
court
established
procedures,
11
shall
immediately
orally
provide
the
information
to
the
12
court.
After
orally
providing
the
information
to
the
court,
13
the
department
of
human
services
or
the
juvenile
probation
14
department
shall
provide
to
the
court
written
documentation
15
of
the
oral
information.
If
the
child
is
not
returned,
16
the
department
of
human
services
or
the
juvenile
probation
17
department
shall
forthwith
cause
a
petition
to
be
filed
within
18
three
days
after
the
removal.
19
Sec.
614.
Section
232.81,
subsection
2,
Code
2023,
is
20
amended
to
read
as
follows:
21
2.
Upon
receipt
of
a
complaint,
the
court
may
request
the
22
department
of
human
services
,
juvenile
probation
office,
or
23
other
authorized
agency
or
individual
to
conduct
a
preliminary
24
investigation
of
the
complaint
to
determine
if
further
action
25
should
be
taken.
26
Sec.
615.
Section
232.82,
subsection
2,
Code
2023,
is
27
amended
to
read
as
follows:
28
2.
If
an
order
is
entered
under
subsection
1
and
a
petition
29
has
not
yet
been
filed
under
this
chapter
,
the
petition
shall
30
be
filed
under
section
232.87
by
the
county
attorney,
the
31
department
of
human
services
,
or
a
juvenile
court
officer
32
within
three
days
of
the
entering
of
the
order.
33
Sec.
616.
Section
232.87,
subsection
2,
Code
2023,
is
34
amended
to
read
as
follows:
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2.
A
petition
may
be
filed
by
the
department
of
human
1
services
,
juvenile
court
officer,
or
county
attorney.
2
Sec.
617.
Section
232.89,
subsection
3,
Code
2023,
is
3
amended
to
read
as
follows:
4
3.
The
court
shall
determine,
after
giving
the
parent,
5
guardian,
or
custodian
an
opportunity
to
be
heard,
whether
6
the
person
has
the
ability
to
pay
in
whole
or
in
part
for
7
counsel
appointed
for
the
child.
If
the
court
determines
8
that
the
person
possesses
sufficient
financial
ability,
9
the
court
shall
then
consult
with
the
department
of
human
10
services
,
the
juvenile
probation
office,
or
other
authorized
11
agency
or
individual
regarding
the
likelihood
of
impairment
12
of
the
relationship
between
the
child
and
the
child’s
parent,
13
guardian,
or
custodian
as
a
result
of
ordering
the
parent,
14
guardian,
or
custodian
to
pay
for
the
child’s
counsel.
If
15
impairment
is
deemed
unlikely,
the
court
shall
order
that
16
person
to
pay
an
amount
the
court
finds
appropriate
in
the
17
manner
and
to
whom
the
court
directs.
If
the
person
fails
to
18
comply
with
the
order
without
good
reason,
the
court
shall
19
enter
judgment
against
the
person.
If
impairment
is
deemed
20
likely
or
if
the
court
determines
that
the
parent,
guardian,
21
or
custodian
cannot
pay
any
part
of
the
expenses
of
counsel
22
appointed
to
represent
the
child,
counsel
shall
be
reimbursed
23
pursuant
to
section
232.141,
subsection
2
,
paragraph
“b”
.
24
Sec.
618.
Section
232.96,
subsections
4
and
6,
Code
2023,
25
are
amended
to
read
as
follows:
26
4.
A
report
made
to
the
department
of
human
services
27
pursuant
to
chapter
235A
shall
be
admissible
in
evidence,
28
but
such
a
report
shall
not
alone
be
sufficient
to
support
a
29
finding
that
the
child
is
a
child
in
need
of
assistance
unless
30
the
attorneys
for
the
child
and
the
parents
consent
to
such
a
31
finding.
32
6.
A
report,
study,
record,
or
other
writing
or
an
33
audiotape
or
videotape
recording
made
by
the
department
of
34
human
services
,
a
juvenile
court
officer,
a
peace
officer,
a
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child
protection
center,
or
a
hospital
relating
to
a
child
in
a
1
proceeding
under
this
subchapter
is
admissible
notwithstanding
2
any
objection
to
hearsay
statements
contained
in
it
provided
3
it
is
relevant
and
material
and
provided
its
probative
value
4
substantially
outweighs
the
danger
of
unfair
prejudice
to
the
5
child’s
parent,
guardian,
or
custodian.
The
circumstances
of
6
the
making
of
the
report,
study,
record
or
other
writing
or
an
7
audiotape
or
videotape
recording,
including
the
maker’s
lack
of
8
personal
knowledge,
may
be
proved
to
affect
its
weight.
9
Sec.
619.
Section
232.97,
subsection
1,
Code
2023,
is
10
amended
to
read
as
follows:
11
1.
The
court
shall
not
make
a
disposition
of
the
petition
12
until
five
working
days
after
a
social
report
has
been
13
submitted
to
the
court
and
counsel
for
the
child
and
has
been
14
considered
by
the
court.
The
court
may
waive
the
five-day
15
requirement
upon
agreement
by
all
the
parties.
The
court
may
16
direct
either
the
juvenile
court
officer
or
the
department
17
of
human
services
or
any
other
agency
licensed
by
the
state
18
to
conduct
a
social
investigation
and
to
prepare
a
social
19
report
which
may
include
any
evidence
provided
by
an
individual
20
providing
foster
care
for
the
child.
A
report
prepared
shall
21
include
any
founded
reports
of
child
abuse.
22
Sec.
620.
Section
232.98,
subsection
2,
Code
2023,
is
23
amended
to
read
as
follows:
24
2.
Following
an
adjudication
that
a
child
is
a
child
in
need
25
of
assistance,
the
court
may
after
a
hearing
order
the
physical
26
or
mental
examination
of
the
parent,
guardian
,
or
custodian
if
27
that
person’s
ability
to
care
for
the
child
is
at
issue.
28
Sec.
621.
Section
232.100,
Code
2023,
is
amended
to
read
as
29
follows:
30
232.100
Suspended
judgment.
31
After
the
dispositional
hearing
the
court
may
enter
an
32
order
suspending
judgment
and
continuing
the
proceedings
33
subject
to
terms
and
conditions
imposed
to
assure
the
proper
34
care
and
protection
of
the
child.
Such
terms
and
conditions
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may
include
the
supervision
of
the
child
and
of
the
parent,
1
guardian
,
or
custodian
by
the
department
of
human
services
,
2
juvenile
court
office
,
or
other
appropriate
agency
designated
3
by
the
court.
The
maximum
duration
of
any
term
or
condition
of
4
a
suspended
judgment
shall
be
twelve
months
unless
the
court
5
finds
at
a
hearing
held
during
the
last
month
of
that
period
6
that
exceptional
circumstances
require
an
extension
of
the
term
7
or
condition
for
an
additional
six
months.
8
Sec.
622.
Section
232.101,
subsection
1,
Code
2023,
is
9
amended
to
read
as
follows:
10
1.
After
the
dispositional
hearing,
the
court
may
enter
an
11
order
permitting
the
child’s
parent,
guardian
,
or
custodian
12
at
the
time
of
the
filing
of
the
petition
to
retain
custody
13
of
the
child
subject
to
terms
and
conditions
which
the
court
14
prescribes
to
assure
the
proper
care
and
protection
of
the
15
child.
Such
terms
and
conditions
may
include
supervision
16
of
the
child
and
the
parent,
guardian
,
or
custodian
by
the
17
department
of
human
services
,
juvenile
court
office
,
or
other
18
appropriate
agency
which
the
court
designates.
Such
terms
19
and
conditions
may
also
include
the
provision
or
acceptance
20
by
the
parent,
guardian
,
or
custodian
of
special
treatment
or
21
care
which
the
child
needs
for
the
child’s
physical
or
mental
22
health.
If
the
parent,
guardian
,
or
custodian
fails
to
provide
23
the
treatment
or
care,
the
court
may
order
the
department
24
of
human
services
or
some
other
appropriate
state
agency
to
25
provide
such
care
or
treatment.
26
Sec.
623.
Section
232.102,
subsections
4
and
6,
Code
2023,
27
are
amended
to
read
as
follows:
28
4.
a.
Whenever
possible
the
court
should
permit
the
29
child
to
remain
at
home
with
the
child’s
parent,
guardian,
or
30
custodian.
Custody
of
the
child
should
not
be
transferred
31
unless
the
court
finds
there
is
clear
and
convincing
evidence
32
that
of
any
of
the
following
:
33
(1)
The
child
cannot
be
protected
from
physical
abuse
34
without
transfer
of
custody
;
or
.
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(2)
The
child
cannot
be
protected
from
some
harm
which
would
1
justify
the
adjudication
of
the
child
as
a
child
in
need
of
2
assistance
and
an
adequate
placement
is
available.
3
b.
In
order
to
transfer
custody
of
the
child
under
4
this
subsection
,
the
court
must
make
a
determination
that
5
continuation
of
the
child
in
the
child’s
home
would
be
contrary
6
to
the
welfare
of
the
child,
and
shall
identify
the
reasonable
7
efforts
that
have
been
made.
The
court’s
determination
8
regarding
continuation
of
the
child
in
the
child’s
home,
9
and
regarding
reasonable
efforts,
including
those
made
to
10
prevent
removal
and
those
made
to
finalize
any
permanency
11
plan
in
effect,
as
well
as
any
determination
by
the
court
12
that
reasonable
efforts
are
not
required,
must
be
made
on
13
a
case-by-case
basis.
The
grounds
for
each
determination
14
must
be
explicitly
documented
and
stated
in
the
court
order.
15
However,
preserving
the
safety
of
the
child
is
the
paramount
16
consideration.
If
imminent
danger
to
the
child’s
life
or
17
health
exists
at
the
time
of
the
court’s
consideration,
the
18
determinations
otherwise
required
under
this
paragraph
shall
19
not
be
a
prerequisite
for
an
order
for
removal
of
the
child.
20
If
the
court
transfers
custody
of
the
child,
unless
the
21
court
waives
the
requirement
for
making
reasonable
efforts
or
22
otherwise
makes
a
determination
that
reasonable
efforts
are
not
23
required,
reasonable
efforts
shall
be
made
to
make
it
possible
24
for
the
child
to
safely
return
to
the
family’s
home.
25
6.
In
any
order
transferring
custody
to
the
department
26
or
an
agency,
or
in
orders
pursuant
to
a
custody
order,
the
27
court
shall
specify
the
nature
and
category
of
disposition
28
which
will
serve
the
best
interests
of
the
child,
and
shall
29
prescribe
the
means
by
which
the
placement
shall
be
monitored
30
by
the
court.
If
the
court
orders
the
transfer
of
the
custody
31
of
the
child
to
the
department
of
human
services
or
other
32
agency
for
placement,
the
department
or
agency
shall
submit
33
a
case
permanency
plan
to
the
court
and
shall
make
every
34
reasonable
effort
to
return
the
child
to
the
child’s
home
as
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quickly
as
possible
consistent
with
the
best
interests
of
the
1
child.
When
the
child
is
not
returned
to
the
child’s
home
and
2
if
the
child
has
been
previously
placed
in
a
licensed
foster
3
care
facility,
the
department
or
agency
shall
consider
placing
4
the
child
in
the
same
licensed
foster
care
facility.
If
the
5
court
orders
the
transfer
of
custody
to
a
parent
who
does
not
6
have
physical
care
of
the
child,
other
relative,
or
other
7
suitable
person,
the
court
may
direct
the
department
or
other
8
agency
to
provide
services
to
the
child’s
parent,
guardian,
9
or
custodian
in
order
to
enable
them
to
resume
custody
of
the
10
child.
If
the
court
orders
the
transfer
of
custody
to
the
11
department
of
human
services
or
to
another
agency
for
placement
12
in
group
foster
care,
the
department
or
agency
shall
make
every
13
reasonable
effort
to
place
the
child
in
the
least
restrictive,
14
most
family-like,
and
most
appropriate
setting
available,
and
15
in
close
proximity
to
the
parents’
home,
consistent
with
the
16
child’s
best
interests
and
special
needs,
and
shall
consider
17
the
placement’s
proximity
to
the
school
in
which
the
child
is
18
enrolled
at
the
time
of
placement.
19
Sec.
624.
Section
232.103A,
subsections
3
and
5,
Code
2023,
20
are
amended
to
read
as
follows:
21
3.
The
juvenile
court
shall
designate
the
petitioner
and
22
respondent
for
the
purposes
of
the
bridge
order.
A
bridge
23
order
shall
only
address
matters
of
custody,
physical
care,
and
24
visitation.
All
other
matters,
including
child
support,
shall
25
be
filed
by
separate
petition
or
by
action
of
the
child
support
26
recovery
unit
services
,
and
shall
be
subject
to
existing
27
applicable
statutory
provisions.
28
5.
The
district
court
shall
take
judicial
notice
of
the
29
juvenile
file
in
any
hearing
related
to
the
case.
Records
30
contained
in
the
district
court
case
file
that
were
copied
or
31
transferred
from
the
juvenile
court
file
concerning
the
case
32
shall
be
subject
to
section
232.147
and
other
confidentiality
33
provisions
of
this
chapter
for
cases
not
involving
juvenile
34
delinquency,
and
shall
be
disclosed,
upon
request,
to
the
child
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support
recovery
unit
services
without
a
court
order.
1
Sec.
625.
Section
232.111,
subsection
1,
Code
2023,
is
2
amended
to
read
as
follows:
3
1.
A
child’s
guardian,
guardian
ad
litem,
or
custodian,
4
the
department
of
human
services
,
a
juvenile
court
officer,
or
5
the
county
attorney
may
file
a
petition
for
termination
of
the
6
parent-child
relationship
and
parental
rights
with
respect
to
a
7
child.
8
Sec.
626.
Section
232.116,
subsection
1,
paragraph
l,
Code
9
2023,
is
amended
to
read
as
follows:
10
l.
The
court
finds
that
all
of
the
following
have
occurred:
11
(1)
The
child
has
been
adjudicated
a
child
in
need
of
12
assistance
pursuant
to
section
232.96
and
custody
has
been
13
transferred
from
the
child’s
parents
for
placement
pursuant
to
14
section
232.102
.
15
(2)
The
parent
has
a
severe
substance-related
substance
use
16
disorder
as
described
by
either
of
the
following:
17
(a)
The
severe
substance-related
substance
use
disorder
18
meets
the
definition
for
that
term
as
defined
in
the
most
19
current
edition
of
the
diagnostic
and
statistical
manual
20
prepared
by
the
American
psychiatric
association,
and
the
21
parent
presents
a
danger
to
self
or
others
as
evidenced
by
22
prior
acts.
23
(b)
The
disorder
is
evidenced
by
continued
and
repeated
use
24
through
the
case,
the
parent’s
refusal
to
obtain
a
substance
25
abuse
use
disorder
evaluation
or
treatment
after
given
the
26
opportunity
to
do
so,
and
the
parent
presents
a
danger
to
self
27
or
others
as
evidenced
by
prior
acts.
28
(3)
There
is
clear
and
convincing
evidence
that
the
parent’s
29
prognosis
indicates
that
the
child
will
not
be
able
to
be
30
returned
to
the
custody
of
the
parent
within
a
reasonable
31
period
of
time
considering
the
child’s
age
and
need
for
a
32
permanent
home.
33
Sec.
627.
Section
232.142,
Code
2023,
is
amended
to
read
as
34
follows:
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232.142
Maintenance
and
cost
of
juvenile
homes
——
fund.
1
1.
County
boards
of
supervisors
which
singly
or
in
2
conjunction
with
one
or
more
other
counties
provide
and
3
maintain
juvenile
detention
and
juvenile
shelter
care
homes
are
4
subject
to
this
section
.
5
2.
For
the
purpose
of
providing
and
maintaining
a
county
6
or
multicounty
home,
the
board
of
supervisors
of
any
county
7
may
issue
general
county
purpose
bonds
in
accordance
with
8
sections
331.441
through
331.449
.
Expenses
for
providing
and
9
maintaining
a
multicounty
home
shall
be
paid
by
the
counties
10
participating
in
a
manner
to
be
determined
by
the
boards
of
11
supervisors.
12
3.
A
county
or
multicounty
juvenile
detention
home
approved
13
pursuant
to
this
section
shall
receive
financial
aid
from
the
14
state
in
a
manner
approved
by
the
director
,
the
director
of
the
15
department
of
human
rights,
or
a
designee
of
the
director
of
16
the
department
of
human
rights
.
Aid
paid
by
the
state
shall
17
be
at
least
ten
percent
and
not
more
than
fifty
percent
of
the
18
total
cost
of
the
establishment,
improvements,
operation,
and
19
maintenance
of
the
home.
This
subsection
is
repealed
July
1,
20
2023.
21
4.
The
director
,
the
director
of
the
department
of
human
22
rights,
or
a
designee
of
the
director
of
the
department
of
23
human
rights
shall
adopt
minimal
rules
and
standards
for
the
24
establishment,
maintenance,
and
operation
of
such
homes
as
25
shall
be
necessary
to
effect
the
purposes
of
this
chapter
.
The
26
rules
shall
apply
the
requirements
of
section
237.8
,
concerning
27
employment
and
evaluation
of
persons
with
direct
responsibility
28
for
a
child
or
with
access
to
a
child
when
the
child
is
29
alone
and
persons
residing
in
a
child
foster
care
facility,
30
to
persons
employed
by,
residing
in,
or
volunteering
for
a
31
home
approved
under
this
section
.
The
director
shall,
upon
32
request,
give
guidance
and
consultation
in
the
establishment
33
and
administration
of
the
homes
and
programs
for
the
homes.
34
This
subsection
is
repealed
July
1,
2023.
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5.
The
director
,
the
director
of
the
department
of
human
1
rights,
or
a
designee
of
the
director
of
the
department
of
2
human
rights
shall
approve
annually
all
such
homes
established
3
and
maintained
under
the
provisions
of
this
chapter
.
A
home
4
shall
not
be
approved
unless
it
complies
with
minimal
rules
and
5
standards
adopted
by
the
director
and
has
been
inspected
by
the
6
department
of
inspections
and
appeals.
The
statewide
number
7
of
beds
in
the
homes
approved
by
the
director
shall
not
exceed
8
two
hundred
seventy-two
beds
beginning
July
1,
2017.
This
9
subsection
is
repealed
July
1,
2023.
10
6.
A
juvenile
detention
home
fund
is
created
in
the
11
state
treasury
under
the
authority
of
the
department
or
the
12
department
of
human
rights
as
the
department
and
the
department
13
of
human
rights
agree
.
The
fund
shall
consist
of
moneys
14
deposited
in
the
fund
pursuant
to
section
602.8108
.
The
moneys
15
in
the
fund
shall
be
used
for
the
costs
of
the
establishment,
16
improvement,
operation,
and
maintenance
of
county
or
17
multicounty
juvenile
detention
homes
in
accordance
with
annual
18
appropriations
made
by
the
general
assembly
from
the
fund
for
19
these
purposes.
This
subsection
is
repealed
July
1,
2023.
20
Sec.
628.
Section
232.147,
subsection
2,
paragraphs
c,
e,
21
and
j,
Code
2023,
are
amended
to
read
as
follows:
22
c.
The
child’s
parent,
guardian
,
or
custodian,
court
23
appointed
special
advocate,
and
guardian
ad
litem,
and
24
the
members
of
the
child
advocacy
board
created
in
section
25
237.16
or
a
local
citizen
foster
care
review
board
created
in
26
accordance
with
section
237.19
who
are
assigning
or
reviewing
27
the
child’s
case.
28
e.
An
agency,
individual,
association,
facility,
or
29
institution
responsible
for
the
care,
treatment,
or
supervision
30
of
the
child
pursuant
to
a
court
order
or
voluntary
placement
31
agreement
with
the
department
of
human
services
,
juvenile
32
officer,
or
intake
officer.
33
j.
The
department
of
human
services
.
34
Sec.
629.
Section
232.147,
subsection
3,
paragraphs
c,
e,
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and
h,
Code
2023,
are
amended
to
read
as
follows:
1
c.
The
child’s
parent,
guardian
,
or
custodian,
court
2
appointed
special
advocate,
guardian
ad
litem,
and
the
members
3
of
the
child
advocacy
board
created
in
section
237.16
or
a
4
local
citizen
foster
care
review
board
created
in
accordance
5
with
section
237.19
who
are
assigning
or
reviewing
the
child’s
6
case.
7
e.
An
agency,
individual,
association,
facility,
or
8
institution
responsible
for
the
care,
treatment,
or
supervision
9
of
the
child
pursuant
to
a
court
order
or
voluntary
placement
10
agreement
with
the
department
of
human
services
,
juvenile
court
11
officer,
or
intake
officer.
12
h.
The
department
of
human
services
.
13
Sec.
630.
Section
232.147,
subsection
4,
paragraphs
c,
f,
14
and
j,
Code
2023,
are
amended
to
read
as
follows:
15
c.
The
child’s
parent,
guardian
,
or
custodian,
court
16
appointed
special
advocate,
guardian
ad
litem,
and
the
members
17
of
the
child
advocacy
board
created
in
section
237.16
or
a
18
local
citizen
foster
care
review
board
created
in
accordance
19
with
section
237.19
who
are
assigning
or
reviewing
the
child’s
20
case.
21
f.
An
agency,
individual,
association,
facility,
or
22
institution
responsible
for
the
care,
treatment,
or
supervision
23
of
the
child
pursuant
to
a
court
order
or
voluntary
placement
24
agreement
with
the
department
of
human
services
,
juvenile
court
25
officer,
or
intake
officer.
26
j.
The
department
of
human
services
.
27
Sec.
631.
Section
232.147,
subsection
7,
Code
2023,
is
28
amended
to
read
as
follows:
29
7.
Official
juvenile
court
records
enumerated
in
section
30
232.2,
subsection
43
,
paragraph
“e”
,
relating
to
paternity,
31
support,
or
the
termination
of
parental
rights,
shall
be
32
disclosed,
upon
request,
to
the
child
support
recovery
unit
33
services
without
court
order.
34
Sec.
632.
Section
232.149,
subsection
5,
paragraph
h,
Code
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2023,
is
amended
to
read
as
follows:
1
h.
The
department
of
human
services
.
2
Sec.
633.
Section
232.149A,
subsection
3,
paragraphs
c
and
3
e,
Code
2023,
are
amended
to
read
as
follows:
4
c.
The
child’s
parent,
guardian
,
or
custodian,
court
5
appointed
special
advocate,
and
guardian
ad
litem,
and
6
the
members
of
the
child
advocacy
board
created
in
section
7
237.16
or
a
local
citizen
foster
care
review
board
created
in
8
accordance
with
section
237.19
who
are
assigning
or
reviewing
9
the
child’s
case.
10
e.
An
agency,
association,
facility,
or
institution
which
11
has
custody
of
the
child,
or
is
legally
responsible
for
the
12
care,
treatment,
or
supervision
of
the
child,
including
but
not
13
limited
to
the
department
of
human
services
.
14
Sec.
634.
Section
232.158A,
subsection
1,
unnumbered
15
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
16
Notwithstanding
any
provision
of
the
interstate
compact
17
on
the
placement
of
children
under
section
232.158
to
the
18
contrary,
the
department
of
human
services
shall
permit
the
19
legal
risk
placement
of
a
child
under
the
interstate
compact
on
20
the
placement
of
children
if
the
prospective
adoptive
parent
21
provides
a
legal
risk
statement,
in
writing,
acknowledging
all
22
of
the
following:
23
Sec.
635.
Section
232.158A,
subsection
1,
paragraph
d,
Code
24
2023,
is
amended
to
read
as
follows:
25
d.
That
the
prospective
adoptive
parent
assumes
full
legal,
26
financial,
and
other
risks
associated
with
the
legal
risk
27
placement
and
that
the
prospective
adoptive
parent
agrees
28
to
hold
the
department
of
human
services
harmless
for
any
29
disruption
or
failure
of
the
placement.
30
Sec.
636.
Section
232.160,
Code
2023,
is
amended
to
read
as
31
follows:
32
232.160
Department
of
health
and
human
services
as
public
33
authority.
34
The
“appropriate
public
authorities”
as
used
in
article
III
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of
the
interstate
compact
on
the
placement
of
children
under
1
section
232.158
shall,
with
reference
to
this
state,
mean
the
2
state
department
of
health
and
human
services
and
said
the
3
department
shall
receive
and
act
with
reference
to
notices
4
required
by
article
III
of
that
interstate
compact.
5
Sec.
637.
Section
232.161,
Code
2023,
is
amended
to
read
as
6
follows:
7
232.161
Department
as
authority
in
receiving
state.
8
As
used
in
paragraph
“a”
of
article
V
of
the
interstate
9
compact
on
the
placement
of
children
under
section
232.158
,
10
the
phrase
“appropriate
authority
in
the
receiving
state”
with
11
reference
to
this
state
shall
mean
means
the
state
department
12
of
health
and
human
services.
13
Sec.
638.
Section
232.162,
Code
2023,
is
amended
to
read
as
14
follows:
15
232.162
Authority
to
enter
agreements.
16
The
officers
and
agencies
of
this
state
and
its
subdivisions
17
having
authority
to
place
children
may
enter
into
agreements
18
with
appropriate
officers
or
agencies
of
or
in
other
party
19
states
pursuant
to
paragraph
“b”
of
article
V
of
the
interstate
20
compact
on
the
placement
of
children
under
section
232.158
.
21
Any
such
agreement
which
contains
a
financial
commitment
or
22
imposes
a
financial
obligation
on
this
state
or
a
subdivision
23
or
agency
of
this
state
shall
not
be
binding
unless
it
has
the
24
approval
in
writing
of
the
administrator
of
child
and
family
25
services
director
or
the
director’s
designee
in
the
case
of
the
26
state
and
the
county
general
assistance
director
in
the
case
27
of
a
subdivision
of
the
state.
28
Sec.
639.
Section
232.168,
Code
2023,
is
amended
to
read
as
29
follows:
30
232.168
Attorney
general
to
enforce.
31
The
attorney
general
may,
on
the
attorney
general’s
own
32
initiative,
institute
any
criminal
and
civil
actions
and
33
proceedings
under
this
subchapter
,
at
whatever
stage
of
34
placement
necessary,
to
enforce
the
interstate
compact
on
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the
placement
of
children,
including,
but
not
limited
to,
1
seeking
enforcement
of
the
provisions
of
the
compact
through
2
the
courts
of
a
party
state.
The
department
of
human
services
3
shall
cooperate
with
the
attorney
general
and
shall
refer
any
4
placement
or
proposed
placement
to
the
attorney
general
which
5
may
require
enforcement
measures.
6
Sec.
640.
Section
232.171,
subsection
4,
Code
2023,
is
7
amended
to
read
as
follows:
8
4.
Article
IV
——
Return
of
runaways.
9
a.
(1)
That
the
parent,
guardian,
or
person
or
agency
10
entitled
to
legal
custody
of
a
juvenile
who
has
not
been
11
adjudged
delinquent
but
who
has
run
away
without
the
consent
12
of
such
parent,
guardian,
or
person
or
agency
may
petition
13
the
appropriate
court
in
the
demanding
state
for
the
issuance
14
of
a
requisition
for
the
juvenile’s
return.
The
petition
15
shall
state
the
name
and
age
of
the
juvenile,
the
name
of
the
16
petitioner
and
the
basis
of
entitlement
to
the
juvenile’s
17
custody,
the
circumstances
of
the
juvenile’s
running
away,
18
the
juvenile’s
location
if
known
at
the
time
application
19
is
made,
and
such
other
facts
as
may
tend
to
show
that
the
20
juvenile
who
has
run
away
is
endangering
the
juvenile’s
own
21
welfare
or
the
welfare
of
others
and
is
not
an
emancipated
22
minor.
The
petition
shall
be
verified
by
affidavit,
shall
23
be
executed
in
duplicate,
and
shall
be
accompanied
by
two
24
certified
copies
of
the
document
or
documents
on
which
the
25
petitioner’s
entitlement
to
the
juvenile’s
custody
is
based,
26
such
as
birth
certificates,
letters
of
guardianship,
or
custody
27
decrees.
Such
further
affidavits
and
other
documents
as
may
28
be
deemed
proper
may
be
submitted
with
such
petition.
The
29
judge
of
the
court
to
which
this
application
is
made
may
hold
a
30
hearing
thereon
to
determine
whether
for
the
purposes
of
this
31
compact
the
petitioner
is
entitled
to
the
legal
custody
of
the
32
juvenile,
whether
or
not
it
appears
that
the
juvenile
has
in
33
fact
run
away
without
consent,
whether
or
not
the
juvenile
is
34
an
emancipated
minor,
and
whether
or
not
it
is
in
the
best
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interest
of
the
juvenile
to
compel
the
juvenile’s
return
to
1
the
state.
If
the
judge
determines,
either
with
or
without
a
2
hearing,
that
the
juvenile
should
be
returned,
the
judge
shall
3
present
to
the
appropriate
court
or
to
the
executive
authority
4
of
the
state
where
the
juvenile
is
alleged
to
be
located
a
5
written
requisition
for
the
return
of
such
juvenile.
Such
6
requisition
shall
set
forth
the
name
and
age
of
the
juvenile,
7
the
determination
of
the
court
that
the
juvenile
has
run
away
8
without
the
consent
of
a
parent,
guardian,
or
person
or
agency
9
entitled
to
the
juvenile’s
legal
custody,
and
that
it
is
in
10
the
best
interest
and
for
the
protection
of
such
juvenile
that
11
the
juvenile
be
returned.
In
the
event
that
a
proceeding
for
12
the
adjudication
of
the
juvenile
as
a
delinquent,
neglected
or
13
dependent
juvenile
is
pending
in
the
court
at
the
time
when
14
such
juvenile
runs
away,
the
court
may
issue
a
requisition
for
15
the
return
of
such
juvenile
upon
its
own
motion,
regardless
16
of
the
consent
of
the
parent,
guardian,
or
person
or
agency
17
entitled
to
legal
custody,
reciting
therein
the
nature
and
18
circumstances
of
the
pending
proceeding.
The
requisition
shall
19
in
every
case
be
executed
in
duplicate
and
shall
be
signed
by
20
the
judge.
One
copy
of
the
requisition
shall
be
filed
with
the
21
compact
administrator
of
the
demanding
state,
there
to
remain
22
on
file
subject
to
the
provisions
of
law
governing
records
23
of
such
court.
Upon
the
receipt
of
a
requisition
demanding
24
the
return
of
a
juvenile
who
has
run
away,
the
court
or
the
25
executive
authority
to
whom
the
requisition
is
addressed
shall
26
issue
an
order
to
any
peace
officer
or
other
appropriate
person
27
directing
the
officer
or
person
to
take
into
custody
and
detain
28
such
juvenile.
Such
detention
order
must
substantially
recite
29
the
facts
necessary
to
the
validity
of
its
issuance
hereunder.
30
No
juvenile
detained
upon
such
order
shall
be
delivered
over
31
to
the
officer
whom
the
court
demanding
the
juvenile
shall
32
have
appointed
to
receive
the
juvenile,
unless
the
juvenile
33
shall
first
be
taken
forthwith
before
a
judge
of
a
court
in
the
34
state,
who
shall
inform
the
juvenile
of
the
demand
made
for
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the
juvenile’s
return,
and
who
may
appoint
counsel
or
guardian
1
ad
litem
for
the
juvenile.
If
the
judge
of
such
court
shall
2
find
that
the
requisition
is
in
order,
the
judge
shall
deliver
3
such
juvenile
over
to
the
officer
whom
the
court
demanding
the
4
juvenile
shall
have
appointed
to
receive
the
juvenile.
The
5
judge,
however,
may
fix
a
reasonable
time
to
be
allowed
for
the
6
purpose
of
testing
the
legality
of
the
proceeding.
7
(2)
Upon
reasonable
information
that
a
person
is
a
juvenile
8
who
has
run
away
from
another
state
party
to
this
compact
9
without
the
consent
of
a
parent,
guardian,
or
person
or
agency
10
entitled
to
the
juvenile’s
legal
custody,
such
juvenile
may
be
11
taken
into
custody
without
a
requisition
and
brought
forthwith
12
before
a
judge
of
the
appropriate
court
who
may
appoint
counsel
13
or
guardian
ad
litem
for
such
juvenile
and
who
shall
determine
14
after
a
hearing
whether
sufficient
cause
exists
to
hold
the
15
person,
subject
to
the
order
of
the
court,
for
the
person’s
own
16
protection
and
welfare,
for
such
a
time
not
exceeding
ninety
17
days
as
will
enable
the
person’s
return
to
another
state
party
18
to
this
compact
pursuant
to
a
requisition
for
the
person’s
19
return
from
a
court
of
that
state.
If,
at
the
time
when
a
20
state
seeks
the
return
of
a
juvenile
who
has
run
away,
there
is
21
pending
in
the
state
wherein
the
juvenile
is
found
any
criminal
22
charge,
or
any
proceeding
to
have
the
juvenile
adjudicated
a
23
delinquent
juvenile
for
an
act
committed
in
such
state,
or
24
if
the
juvenile
is
suspected
of
having
committed
within
such
25
state
a
criminal
offense
or
an
act
of
juvenile
delinquency,
26
the
juvenile
shall
not
be
returned
without
the
consent
of
27
such
state
until
discharged
from
prosecution
or
other
form
of
28
proceeding,
imprisonment,
detention
or
supervision
for
such
29
offense
or
juvenile
delinquency.
The
duly
accredited
officers
30
of
any
state
party
to
this
compact,
upon
the
establishment
31
of
their
authority
and
the
identity
of
the
juvenile
being
32
returned,
shall
be
permitted
to
transport
such
juvenile
through
33
any
and
all
states
party
to
this
compact,
without
interference.
34
Upon
the
juvenile’s
return
to
the
state
from
which
the
juvenile
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ran
away,
the
juvenile
shall
be
subject
to
such
further
1
proceedings
as
may
be
appropriate
under
the
laws
of
that
state.
2
b.
That
the
state
to
which
a
juvenile
is
returned
under
this
3
article
shall
be
responsible
for
payment
of
the
transportation
4
costs
of
such
return.
5
c.
That
“juvenile”
as
used
in
this
article
means
any
person
6
who
is
a
minor
under
the
law
of
the
state
of
residence
of
the
7
parent,
guardian,
or
person
or
agency
entitled
to
the
legal
8
custody
of
such
minor.
9
Sec.
641.
Section
232.171,
subsection
7,
paragraph
a,
Code
10
2023,
is
amended
to
read
as
follows:
11
a.
That
the
duly
constituted
judicial
and
administrative
12
authorities
of
a
state
party
to
this
compact,
herein
called
13
“sending
state”
,
may
permit
any
delinquent
juvenile
within
14
such
state,
placed
on
probation
or
parole,
to
reside
in
any
15
other
state
party
to
this
compact,
herein
called
“receiving
16
state”
,
while
on
probation
or
parole,
and
the
receiving
17
state
shall
accept
such
delinquent
juvenile,
if
the
parent,
18
guardian
,
or
person
entitled
to
the
legal
custody
of
such
19
delinquent
juvenile
is
residing
or
undertakes
to
reside
20
within
the
receiving
state.
Before
granting
such
permission,
21
opportunity
shall
be
given
to
the
receiving
state
to
make
such
22
investigations
as
it
deems
necessary.
The
authorities
of
the
23
sending
state
shall
send
to
the
authorities
of
the
receiving
24
state
copies
of
pertinent
court
orders,
social
case
studies
25
and
all
other
available
information
which
may
be
of
value
to
26
and
assist
the
receiving
state
in
supervising
a
probationer
27
or
parolee
under
this
compact.
A
receiving
state,
in
its
28
discretion,
may
agree
to
accept
supervision
of
a
probationer
or
29
parolee
in
cases
where
the
parent,
guardian
,
or
person
entitled
30
to
the
legal
custody
of
the
delinquent
juvenile
is
not
a
31
resident
of
the
receiving
state,
and
if
so
accepted
the
sending
32
state
may
transfer
supervision
accordingly.
33
Sec.
642.
Section
232.171,
subsection
10,
paragraph
f,
Code
34
2023,
is
amended
to
read
as
follows:
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f.
Provide
that
the
consent
of
the
parent,
guardian,
or
1
person
or
agency
entitled
to
the
legal
custody
of
said
the
2
delinquent
juvenile
shall
be
secured
prior
to
the
juvenile
3
being
sent
to
another
state;
and
4
Sec.
643.
Section
232.188,
Code
2023,
is
amended
to
read
as
5
follows:
6
232.188
Decategorization
of
child
welfare
and
juvenile
7
justice
funding
initiative.
8
1.
Definitions.
For
the
purposes
of
this
section
,
unless
9
the
context
otherwise
requires:
10
a.
“Decategorization
governance
board”
or
“governance
11
board”
means
the
group
that
enters
into
and
implements
a
12
decategorization
project
agreement.
13
b.
“Decategorization
project”
means
the
county
or
counties
14
that
have
entered
into
a
decategorization
agreement
to
15
implement
the
decategorization
initiative
in
the
county
or
16
multicounty
area
covered
by
the
agreement.
17
c.
“Decategorization
services
funding
pool”
or
“funding
pool”
18
means
the
funding
designated
for
a
decategorization
project
19
from
all
sources.
20
2.
Purpose.
The
decategorization
of
the
child
welfare
and
21
juvenile
justice
funding
initiative
is
intended
to
establish
22
a
system
of
delivering
human
services
based
upon
client
needs
23
to
replace
a
system
based
upon
a
multitude
of
categorical
24
programs
and
funding
sources,
each
with
different
service
25
definitions
and
eligibility
requirements.
The
purposes
of
26
the
decategorization
initiative
include
but
are
not
limited
27
to
redirecting
child
welfare
and
juvenile
justice
funding
28
to
services
which
are
more
preventive,
family-centered,
29
and
community-based
in
order
to
reduce
use
of
restrictive
30
approaches
which
rely
upon
institutional,
out-of-home,
and
31
out-of-community
services.
32
3.
Implementation.
33
a.
Implementation
of
the
initiative
shall
be
through
34
creation
of
decategorization
projects.
A
project
shall
consist
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of
either
a
single
county
or
a
group
of
counties
interested
1
in
jointly
implementing
the
initiative.
Representatives
of
2
the
department,
juvenile
court
services,
and
county
government
3
shall
develop
a
project
agreement
to
implement
the
initiative
4
within
a
project.
5
b.
The
initiative
shall
include
community
planning
6
activities
in
the
area
covered
by
a
project.
As
part
of
7
the
community
planning
activities,
the
department
shall
8
partner
with
other
community
stakeholders
to
develop
service
9
alternatives
that
provide
less
restrictive
levels
of
care
for
10
children
and
families
receiving
services
from
the
child
welfare
11
and
juvenile
justice
systems
within
the
project
area.
12
c.
The
decategorization
initiative
shall
not
be
implemented
13
in
a
manner
that
limits
the
legal
rights
of
children
and
14
families
to
receive
services.
15
4.
Governance
board.
16
a.
In
partnership
with
an
interested
county
or
group
of
17
counties
which
has
demonstrated
the
commitment
and
involvement
18
of
the
affected
county
department,
or
departments,
of
human
19
services,
the
juvenile
justice
system
within
the
project
20
area,
and
board,
or
boards,
of
supervisors
in
order
to
form
21
a
decategorization
project,
the
department
shall
develop
22
a
process
for
combining
specific
state
and
state-federal
23
funding
categories
into
a
decategorization
services
funding
24
pool
for
that
project.
A
decategorization
project
shall
be
25
implemented
by
a
decategorization
governance
board.
The
26
decategorization
governance
board
shall
develop
specific,
27
quantifiable
short-term
and
long-term
plans
for
enhancing
the
28
family-centered
and
community-based
services
and
reducing
29
reliance
upon
out-of-community
care
in
the
project
area.
30
b.
The
department
shall
work
with
the
decategorization
31
governance
boards
to
best
coordinate
planning
activities
and
32
most
effectively
target
funding
resources.
A
departmental
33
service
area
manager
The
department
shall
work
with
the
34
decategorization
governance
boards
in
that
service
area
to
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support
board
planning
and
service
development
activities
and
1
to
promote
the
most
effective
alignment
of
resources.
2
c.
A
decategorization
governance
board
shall
coordinate
3
the
project’s
planning
and
budgeting
activities
with
the
4
departmental
service
area
manager
department’s
designee
for
the
5
county
or
counties
comprising
the
project
area
and
the
early
6
childhood
Iowa
area
board
or
boards
for
the
early
childhood
7
Iowa
area
or
areas
within
which
the
decategorization
project
8
is
located.
9
5.
Funding
pool.
10
a.
The
governance
board
for
a
decategorization
project
has
11
authority
over
the
project’s
decategorization
services
funding
12
pool
and
shall
manage
the
pool
to
provide
more
flexible,
13
individualized,
family-centered,
preventive,
community-based,
14
comprehensive,
and
coordinated
service
systems
for
children
and
15
families
served
in
that
project
area.
A
funding
pool
shall
16
also
be
used
for
child
welfare
and
juvenile
justice
systems
17
enhancements.
18
b.
Notwithstanding
section
8.33
,
moneys
designated
for
a
19
project’s
decategorization
services
funding
pool
that
remain
20
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
21
shall
not
revert
but
shall
remain
available
for
expenditure
as
22
directed
by
the
project’s
governance
board
for
child
welfare
23
and
juvenile
justice
systems
enhancements
and
other
purposes
24
of
the
project
for
the
next
three
succeeding
fiscal
years.
25
Such
moneys
shall
be
known
as
“carryover
funding”
.
Moneys
may
26
be
made
available
to
a
funding
pool
from
one
or
more
of
the
27
following
sources:
28
(1)
Funds
designated
for
the
initiative
in
a
state
29
appropriation.
30
(2)
Child
welfare
and
juvenile
justice
services
funds
31
designated
for
the
initiative
by
a
departmental
service
area
32
manager
the
department
.
33
(3)
Juvenile
justice
program
funds
designated
for
the
34
initiative
by
a
chief
juvenile
court
officer.
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(4)
Carryover
funding.
1
(5)
Any
other
source
designating
moneys
for
the
funding
2
pool.
3
c.
The
services
and
activities
funded
from
a
project’s
4
funding
pool
may
vary
depending
upon
the
strategies
selected
5
by
the
project’s
governance
board
and
shall
be
detailed
in
an
6
annual
child
welfare
and
juvenile
justice
decategorization
7
services
plan
developed
by
the
governance
board.
A
8
decategorization
governance
board
shall
involve
community
9
representatives
and
county
organizations
in
the
development
of
10
the
plan
for
that
project’s
funding
pool.
In
addition,
the
11
governance
board
shall
coordinate
efforts
through
communication
12
with
the
appropriate
departmental
service
area
manager
13
department
regarding
budget
planning
and
decategorization
14
service
decisions.
15
d.
A
decategorization
governance
board
is
responsible
for
16
ensuring
that
decategorization
services
expenditures
from
that
17
project’s
funding
pool
do
not
exceed
the
amount
of
funding
18
available.
If
necessary,
the
governance
board
shall
reduce
19
expenditures
or
discontinue
specific
services
as
necessary
to
20
manage
within
the
funding
pool
resources
available
for
a
fiscal
21
year.
22
e.
The
annual
child
welfare
and
juvenile
justice
23
decategorization
services
plan
developed
for
use
of
the
funding
24
pool
by
a
decategorization
governance
board
shall
be
submitted
25
to
the
department
administrator
of
child
welfare
services
26
and
the
early
childhood
Iowa
state
board.
In
addition,
the
27
decategorization
governance
board
shall
submit
an
annual
28
progress
report
to
the
department
administrator
and
the
early
29
childhood
Iowa
state
board
which
summarizes
the
progress
made
30
toward
attaining
the
objectives
contained
in
the
plan.
The
31
progress
report
shall
serve
as
an
opportunity
for
information
32
sharing
and
feedback.
33
6.
Departmental
role.
A
The
departmental
service
area’s
34
share
of
the
child
welfare
appropriation
that
is
not
allocated
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by
law
for
the
decategorization
initiative
shall
be
managed
1
by
and
is
under
the
authority
of
the
service
area
manager
2
department
.
A
service
area
manager
The
department
is
3
responsible
for
meeting
the
child
welfare
service
needs
in
the
4
counties
comprising
the
service
area
with
the
available
funding
5
resources.
6
Sec.
644.
Section
232.189,
unnumbered
paragraph
1,
Code
7
2023,
is
amended
to
read
as
follows:
8
Based
upon
a
model
reasonable
efforts
family
court
9
initiative,
the
director
of
human
services
and
the
chief
10
justice
of
the
supreme
court
or
their
designees
shall
jointly
11
establish
and
implement
a
statewide
protocol
for
reasonable
12
efforts,
as
defined
in
section
232.102
.
In
addition,
the
13
director
and
the
chief
justice
shall
design
and
implement
14
a
system
for
judicial
and
departmental
reasonable
efforts
15
education
for
deployment
throughout
the
state.
The
system
for
16
reasonable
efforts
education
shall
be
developed
in
a
manner
17
which
addresses
the
particular
needs
of
rural
areas
and
shall
18
include
but
is
not
limited
to
all
of
the
following
topics:
19
Sec.
645.
Section
232B.3,
Code
2023,
is
amended
by
adding
20
the
following
new
subsections:
21
NEW
SUBSECTION
.
3A.
“Department”
means
the
department
of
22
health
and
human
services.
23
NEW
SUBSECTION
.
3B.
“Director”
means
the
director
of
health
24
and
human
services.
25
Sec.
646.
Section
232B.9,
subsections
8
and
9,
Code
2023,
26
are
amended
to
read
as
follows:
27
8.
A
record
of
each
foster
care
placement,
emergency
28
removal,
preadoptive
placement,
or
adoptive
placement
of
an
29
Indian
child,
under
the
laws
of
this
state,
shall
be
maintained
30
in
perpetuity
by
the
department
of
human
services
in
accordance
31
with
section
232B.13
.
The
record
shall
document
the
active
32
efforts
to
comply
with
the
applicable
order
of
preference
33
specified
in
this
section
.
34
9.
The
state
of
Iowa
recognizes
the
authority
of
Indian
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tribes
to
license
foster
homes
and
to
license
agencies
to
1
receive
children
for
control,
care,
and
maintenance
outside
2
of
the
children’s
own
homes,
or
to
place,
receive,
arrange
3
the
placement
of,
or
assist
in
the
placement
of
children
for
4
foster
care
or
adoption.
The
department
of
human
services
and
5
child-placing
agencies
licensed
under
chapter
238
may
place
6
children
in
foster
homes
and
facilities
licensed
by
an
Indian
7
tribe.
8
Sec.
647.
Section
232B.11,
subsections
1
and
2,
Code
2023,
9
are
amended
to
read
as
follows:
10
1.
The
director
of
human
services
or
the
director’s
designee
11
shall
make
a
good
faith
effort
to
enter
into
agreements
12
with
Indian
tribes
regarding
jurisdiction
over
child
custody
13
proceedings
and
the
care
and
custody
of
Indian
children
whose
14
tribes
have
land
within
Iowa,
including
but
not
limited
to
15
the
Sac
and
Fox
tribe,
the
Omaha
tribe,
the
Ponca
tribe,
and
16
the
Winnebago
tribe,
and
whose
tribes
have
an
Indian
child
17
who
resides
in
the
state
of
Iowa.
An
agreement
shall
seek
to
18
promote
the
continued
existence
and
integrity
of
the
Indian
19
tribe
as
a
political
entity
and
the
vital
interest
of
Indian
20
children
in
securing
and
maintaining
a
political,
cultural,
21
and
social
relationship
with
their
tribes.
An
agreement
22
shall
assure
that
tribal
services
and
Indian
organizations
23
or
agencies
are
used
to
the
greatest
extent
practicable
in
24
planning
and
implementing
any
action
pursuant
to
the
agreement
25
concerning
the
care
and
custody
of
Indian
children.
If
tribal
26
services
are
not
available,
an
agreement
shall
assure
that
27
community
services
and
resources
developed
specifically
for
28
Indian
families
will
be
used.
29
2.
If
an
agreement
entered
into
between
the
tribe
and
the
30
department
of
human
services
pertaining
to
the
funding
of
31
foster
care
placements
for
Indian
children
conflicts
with
any
32
federal
or
state
law,
the
state
in
a
timely,
good
faith
manner
33
shall
agree
to
amend
the
agreement
in
a
way
that
prevents
any
34
interruption
of
services
to
eligible
Indian
children.
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Sec.
648.
Section
232B.12,
Code
2023,
is
amended
to
read
as
1
follows:
2
232B.12
Payment
of
foster
care
expenses.
3
1.
If
the
department
of
human
services
has
legal
custody
4
of
an
Indian
child
and
that
child
is
placed
in
foster
care
5
according
to
the
placement
preferences
under
section
232B.9
6
the
state
shall
pay,
subject
to
any
applicable
federal
funding
7
limitations
and
requirements,
the
cost
of
the
foster
care
in
8
the
manner
and
to
the
same
extent
the
state
pays
for
foster
9
care
of
non-Indian
children,
including
the
administrative
and
10
training
costs
associated
with
the
placement.
In
addition,
11
the
state
shall
pay
the
other
costs
related
to
the
foster
care
12
placement
of
an
Indian
child
as
may
be
provided
for
in
an
13
agreement
entered
into
between
a
tribe
and
the
state.
14
2.
The
department
of
human
services
may,
subject
to
any
15
applicable
federal
funding
limitations
and
requirements
and
16
within
funds
appropriated
for
foster
care
services,
purchase
17
care
for
Indian
children
who
are
in
the
custody
of
a
federally
18
recognized
Indian
tribe
or
tribally
licensed
child-placing
19
agency
pursuant
to
parental
consent,
tribal
court
order,
or
20
state
court
order;
and
the
purchase
of
the
care
is
subject
to
21
the
same
eligibility
standards
and
rates
of
support
applicable
22
to
other
children
for
whom
the
department
purchases
care.
23
Sec.
649.
Section
232B.13,
subsections
1,
3,
4,
and
5,
Code
24
2023,
are
amended
to
read
as
follows:
25
1.
The
department
of
human
services
shall
establish
an
26
automated
database
where
a
permanent
record
shall
be
maintained
27
of
every
involuntary
or
voluntary
foster
care,
preadoptive
28
placement,
or
adoptive
placement
of
an
Indian
child
that
is
29
ordered
by
a
court
of
this
state
and
in
which
the
department
30
was
involved.
The
automated
record
shall
document
the
active
31
efforts
made
to
comply
with
the
order
of
placement
preference
32
specified
in
section
232B.9
.
An
Indian
child’s
placement
33
record
shall
be
maintained
in
perpetuity
by
the
department
34
of
human
services
and
shall
include
but
is
not
limited
to
35
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the
name,
birthdate,
and
gender
of
the
Indian
child,
and
the
1
location
of
the
local
department
office
that
maintains
the
2
original
file
and
documents
containing
the
information
listed
3
in
subsection
2
.
4
3.
If
a
court
orders
the
foster
care,
preadoptive
placement,
5
or
adoptive
placement
of
an
Indian
child,
the
court
and
any
6
state-licensed
child-placing
agency
involved
in
the
placement
7
shall
provide
the
department
of
human
services
with
the
records
8
described
in
subsections
1
and
2
.
9
4.
A
record
maintained
pursuant
to
this
section
by
the
10
department
of
human
services
,
a
county
department
of
human
11
services,
state-licensed
child-placing
agency,
private
12
attorney,
or
medical
facility
shall
be
made
available
within
13
seven
days
of
a
request
for
the
record
by
the
Indian
child’s
14
tribe
or
the
secretary
of
the
interior.
15
5.
Upon
the
request
of
an
Indian
individual
who
is
eighteen
16
years
of
age
or
older,
or
upon
the
request
of
an
Indian
17
child’s
parent,
Indian
custodian,
attorney,
guardian
ad
litem,
18
guardian,
legal
custodian,
or
caseworker
of
the
Indian
child,
19
the
department
of
human
services
,
a
county
department
of
20
human
services,
state-licensed
child-placing
agency,
private
21
attorney,
or
medical
facility
shall
provide
access
to
the
22
records
pertaining
to
the
Indian
individual
or
child
maintained
23
pursuant
to
this
section
.
The
records
shall
also
be
made
24
available
upon
the
request
of
the
descendants
of
the
Indian
25
individual
or
child.
A
record
shall
be
made
available
within
26
seven
days
of
a
request
for
the
record
by
any
person
authorized
27
by
this
subsection
to
make
the
request.
28
Sec.
650.
Section
232B.14,
subsection
1,
Code
2023,
is
29
amended
to
read
as
follows:
30
1.
The
department
of
human
services
,
in
consultation
31
with
Indian
tribes,
shall
establish
standards
and
procedures
32
for
the
department’s
review
of
cases
subject
to
this
chapter
33
and
methods
for
monitoring
the
department’s
compliance
with
34
provisions
of
the
federal
Indian
Child
Welfare
Act
and
this
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chapter
.
These
standards
and
procedures
and
the
monitoring
1
methods
shall
be
integrated
into
the
department’s
structure
2
and
plan
for
the
federal
government’s
child
and
family
service
3
review
process
and
any
program
improvement
plan
resulting
from
4
that
process.
5
Sec.
651.
Section
232C.2,
subsection
1,
Code
2023,
is
6
amended
to
read
as
follows:
7
1.
Prior
to
an
emancipation
hearing
held
pursuant
to
8
section
232C.1
,
the
court,
on
its
own
motion,
may
stay
the
9
proceedings,
and
refer
the
parties
to
mediation
or
request
10
that
the
department
of
health
and
human
services
investigate
11
any
allegations
of
child
abuse
or
neglect
contained
in
the
12
petition,
and
order
that
a
written
report
be
prepared
and
filed
13
by
the
department.
14
Sec.
652.
Section
232C.4,
subsection
6,
Code
2023,
is
15
amended
to
read
as
follows:
16
6.
A
parent
who
is
absolved
of
child
support
obligations
17
pursuant
to
an
emancipation
order
shall
notify
the
child
18
support
recovery
unit
services
of
the
department
of
health
and
19
human
services
of
the
emancipation.
20
Sec.
653.
Section
232D.204,
subsection
4,
Code
2023,
is
21
amended
to
read
as
follows:
22
4.
A
proceeding
under
this
section
shall
not
create
a
new
23
eligibility
category
for
the
department
of
health
and
human
24
services
protective
services.
25
Sec.
654.
Section
232D.307,
subsection
3,
Code
2023,
is
26
amended
to
read
as
follows:
27
3.
The
judicial
branch
in
conjunction
with
the
department
28
of
public
safety,
the
department
of
health
and
human
services,
29
and
the
state
chief
information
officer
shall
establish
30
procedures
for
electronic
access
to
the
single
contact
31
repository
necessary
to
conduct
background
checks
requested
32
under
subsection
1
.
33
Sec.
655.
Section
233.2,
subsection
2,
paragraphs
c
and
d,
34
Code
2023,
are
amended
to
read
as
follows:
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c.
If
the
physical
custody
of
the
newborn
infant
is
1
relinquished
at
an
institutional
health
facility,
the
state
2
shall
reimburse
the
institutional
health
facility
for
the
3
institutional
health
facility’s
actual
expenses
in
providing
4
care
to
the
newborn
infant
and
in
performing
acts
necessary
to
5
protect
the
physical
health
or
safety
of
the
newborn
infant.
6
The
reimbursement
shall
be
paid
from
moneys
appropriated
for
7
this
purpose
to
the
department
of
health
and
human
services.
8
d.
If
the
name
of
the
parent
is
unknown
to
the
institutional
9
health
facility,
the
individual
on
duty
or
other
person
10
designated
by
the
institutional
health
facility
at
which
11
physical
custody
of
the
newborn
infant
was
relinquished
shall
12
submit
the
certificate
of
birth
report
as
required
pursuant
to
13
section
144.14
.
If
the
name
of
the
parent
is
disclosed
to
the
14
institutional
health
facility,
the
facility
shall
submit
the
15
certificate
of
birth
report
as
required
pursuant
to
section
16
144.13
.
The
department
of
public
health
and
human
services
17
shall
not
file
the
certificate
of
birth
with
the
county
of
18
birth
and
shall
otherwise
maintain
the
confidentiality
of
the
19
birth
certificate
in
accordance
with
section
144.43
.
20
Sec.
656.
Section
233.2,
subsection
3,
Code
2023,
is
amended
21
to
read
as
follows:
22
3.
As
soon
as
possible
after
the
individual
on
duty
or
first
23
responder
assumes
physical
custody
of
a
newborn
infant
released
24
under
subsection
1
,
the
individual
or
first
responder
shall
25
notify
the
department
of
health
and
human
services
and
the
26
department
shall
take
the
actions
necessary
to
assume
the
care,
27
control,
and
custody
of
the
newborn
infant.
The
department
28
shall
immediately
notify
the
juvenile
court
and
the
county
29
attorney
of
the
department’s
action
and
the
circumstances
30
surrounding
the
action
and
request
an
ex
parte
order
from
the
31
juvenile
court
ordering,
in
accordance
with
the
requirements
of
32
section
232.78
,
the
department
to
take
custody
of
the
newborn
33
infant.
Upon
receiving
the
order,
the
department
shall
take
34
custody
of
the
newborn
infant.
Within
twenty-four
hours
of
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taking
custody
of
the
newborn
infant,
the
department
shall
1
notify
the
juvenile
court
and
the
county
attorney
in
writing
2
of
the
department’s
action
and
the
circumstances
surrounding
3
the
action.
4
Sec.
657.
Section
233.6,
unnumbered
paragraph
1,
Code
2023,
5
is
amended
to
read
as
follows:
6
The
department
of
health
and
human
services,
in
consultation
7
with
the
Iowa
department
of
public
health
and
the
department
of
8
justice,
shall
develop
and
distribute
the
following:
9
Sec.
658.
Section
233A.1,
Code
2023,
is
amended
to
read
as
10
follows:
11
233A.1
State
training
school
——
Eldora.
12
1.
Effective
January
1,
1992,
a
diagnosis
and
evaluation
13
center
and
other
units
are
established
at
the
state
training
14
school
to
provide
court-committed
male
juvenile
delinquents
a
15
program
which
focuses
upon
appropriate
developmental
skills,
16
treatment,
placements,
and
rehabilitation.
17
2.
The
diagnosis
and
evaluation
center
which
is
used
to
18
identify
appropriate
treatment
and
placement
alternatives
for
19
juveniles
and
any
other
units
for
juvenile
delinquents
which
20
are
located
at
Eldora
shall
be
known
as
the
“state
training
21
school”
.
22
3.
For
the
purposes
of
this
chapter
“director”
:
23
a.
“Department”
means
the
department
of
health
and
human
24
services.
25
b.
“Director”
means
the
director
of
health
and
human
26
services
and
“superintendent”
.
27
c.
“State
training
school”
means
the
diagnosis
and
28
evaluation
center
which
is
used
to
identify
appropriate
29
treatment
and
placement
alternatives
for
juveniles
and
any
30
other
units
for
juvenile
delinquents
which
are
located
at
31
Eldora.
32
d.
“Superintendent”
means
the
administrator
in
charge
of
the
33
diagnosis
and
evaluation
center
for
juvenile
delinquents
and
34
other
units
at
the
state
training
school.
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3.
4.
The
number
of
children
present
at
any
one
time
at
1
the
state
training
school
shall
not
exceed
the
population
2
guidelines
established
under
1990
Iowa
Acts,
ch.
1239,
§21
,
as
3
adjusted
for
subsequent
changes
in
the
capacity
at
the
training
4
school.
5
Sec.
659.
Section
233A.3,
Code
2023,
is
amended
to
read
as
6
follows:
7
233A.3
Salary.
8
The
salary
of
the
superintendent
of
the
state
training
9
school
shall
be
determined
by
the
administrator
director
.
10
Sec.
660.
Section
233A.6,
Code
2023,
is
amended
to
read
as
11
follows:
12
233A.6
Visits.
13
Members
of
the
executive
council,
the
attorney
general,
14
the
lieutenant
governor,
members
of
the
general
assembly,
15
judges
of
the
supreme
and
district
court
and
court
of
appeals,
16
magistrates,
county
attorneys
,
and
persons
ordained
or
17
designated
as
regular
leaders
of
a
religious
community
are
18
authorized
to
may
visit
the
state
training
school
at
reasonable
19
times.
No
other
person
shall
be
granted
admission
except
by
20
permission
of
the
superintendent.
21
Sec.
661.
Section
233A.7,
Code
2023,
is
amended
to
read
as
22
follows:
23
233A.7
Placing
in
families.
24
All
children
committed
to
and
received
in
the
state
training
25
school
may
be
placed
by
the
department
under
foster
care
26
arrangements,
with
any
persons
or
in
families
of
good
standing
27
and
character
where
they
the
children
will
be
properly
cared
28
for
and
educated.
The
cost
of
foster
care
provided
under
these
29
arrangements
shall
be
paid
as
provided
in
section
234.35
.
30
Sec.
662.
Section
233A.8,
Code
2023,
is
amended
to
read
as
31
follows:
32
233A.8
Articles
of
agreement.
33
Such
children
shall
be
so
A
child
placed
in
foster
care
as
34
provided
in
section
233A.7
shall
be
placed
under
articles
of
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agreement,
approved
by
the
administrator
director
and
signed
1
by
the
person
or
persons
taking
them
providing
foster
care
and
2
by
the
superintendent.
Said
The
articles
of
agreement
shall
3
provide
for
the
custody,
care,
education,
maintenance,
and
4
earnings
of
said
children
the
child
for
a
time
to
be
fixed
5
specified
in
said
the
articles,
which
shall
not
extend
beyond
6
the
time
when
the
persons
bound
shall
attain
the
child
attains
7
age
of
eighteen
years
of
age
.
8
Sec.
663.
Section
233A.9,
Code
2023,
is
amended
to
read
as
9
follows:
10
233A.9
Resuming
custody
of
child.
11
In
case
If
a
child
so
placed
be
in
foster
care
as
provided
12
in
section
233A.7
is
not
given
the
care,
education,
treatment,
13
and
maintenance
required
by
such
the
articles
of
agreement,
the
14
administrator
director
may
cause
the
child
to
be
taken
from
15
the
person
with
whom
placed
and
returned
return
the
child
to
16
the
institution
state
training
school
,
or
may
replace
place
17
the
child
in
a
different
foster
care
placement
,
or
release
,
or
18
finally
discharge
the
child
as
may
seem
best
.
19
Sec.
664.
Section
233A.10,
Code
2023,
is
amended
to
read
as
20
follows:
21
233A.10
Unlawful
interference.
22
It
shall
be
unlawful
for
any
parent
or
other
person
not
23
a
party
to
such
the
placing
of
a
child
in
foster
care
to
24
interfere
in
any
manner
or
assume
or
exercise
any
control
over
25
such
the
child
or
the
child’s
earnings.
Said
The
child’s
26
earnings
shall
be
used,
held,
or
otherwise
applied
for
the
27
exclusive
benefit
of
such
the
child,
in
accordance
with
section
28
234.37
.
29
Sec.
665.
Section
233A.11,
Code
2023,
is
amended
to
read
as
30
follows:
31
233A.11
County
attorney
to
appear
for
child.
32
In
case
legal
proceedings
are
necessary
to
enforce
any
33
right
conferred
on
any
child
by
sections
233A.7
through
34
233A.10
,
the
county
attorney
of
the
county
in
which
such
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proceedings
should
be
instituted
shall,
on
the
request
of
the
1
superintendent,
approved
by
subject
to
the
approval
of
the
2
administrator
director
,
institute
and
carry
on,
in
the
name
of
3
the
superintendent,
out
the
proceedings
in
on
behalf
of
the
4
superintendent.
5
Sec.
666.
Section
233A.12,
Code
2023,
is
amended
to
read
as
6
follows:
7
233A.12
Discharge
or
parole.
8
The
administrator
director
may
at
any
time
after
one
year’s
9
service
order
the
discharge
or
parole
of
any
inmate
as
a
reward
10
for
good
conduct,
and
may,
in
exceptional
cases,
discharge
or
11
parole
inmates
without
regard
to
the
length
of
their
service
12
or
conduct,
when
satisfied
that
the
reasons
therefor
for
the
13
discharge
or
parole
are
urgent
and
sufficient.
If
paroled
upon
14
satisfactory
evidence
of
reformation,
the
order
may
remain
in
15
effect
or
terminate
under
such
rules
as
the
administrator
may
16
prescribe
prescribed
by
the
director
.
17
Sec.
667.
Section
233A.13,
Code
2023,
is
amended
to
read
as
18
follows:
19
233A.13
Binding
out
or
discharge
Discharge
.
20
The
binding
out
or
the
discharge
of
an
inmate
as
reformed
,
or
21
having
arrived
at
the
age
of
eighteen
years
of
age
,
shall
be
a
22
complete
release
from
all
penalties
incurred
by
the
conviction
23
for
the
offense
upon
which
the
child
was
committed
to
the
24
school.
25
Sec.
668.
Section
233A.14,
Code
2023,
is
amended
to
read
as
26
follows:
27
233A.14
Transfers
to
other
institutions.
28
The
administrator
director
may
transfer
minor
wards
of
29
the
state
to
the
state
training
school
minor
wards
of
the
30
state
from
any
institution
under
the
administrator’s
charge
31
director’s
control,
but
no
a
person
shall
not
be
so
transferred
32
who
is
mentally
ill
or
has
a
mental
illness
or
an
intellectual
33
disability.
Any
child
in
the
state
training
school
who
is
34
mentally
ill
has
a
mental
illness
or
has
an
intellectual
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disability
may
be
transferred
by
the
administrator
director
to
1
the
proper
state
institution.
2
Sec.
669.
Section
233A.15,
Code
2023,
is
amended
to
read
as
3
follows:
4
233A.15
Transfers
to
work
in
parks.
5
1.
The
administrator
director
may
detail
assign
children
,
6
classed
as
from
the
state
training
school
deemed
trustworthy,
7
from
the
state
training
school,
to
perform
services
for
the
8
department
of
natural
resources
within
the
state
parks,
state
9
game
and
forest
areas,
and
other
lands
under
the
jurisdiction
10
of
the
department
of
natural
resources.
The
department
of
11
natural
resources
shall
provide
permanent
housing
and
work
12
guidance
supervision,
but
the
care
and
custody
of
the
children
13
so
detailed
assigned
shall
remain
under
employees
of
the
14
division
of
child
and
family
services
of
with
the
department
of
15
human
services
.
All
such
programs
shall
have
as
their
primary
16
purpose
and
shall
provide
for
inculcation
or
the
activation
of
17
attitudes,
skills,
and
habit
patterns
which
will
be
conducive
18
to
the
habilitation
of
the
youths
children
involved.
19
2.
The
administrator
is
hereby
authorized
to
director
20
may
use
state-owned
mobile
housing
equipment
and
facilities
21
in
performing
services
at
temporary
locations
in
the
areas
22
described
in
subsection
1
.
23
Sec.
670.
Section
234.1,
Code
2023,
is
amended
to
read
as
24
follows:
25
234.1
Definitions.
26
As
used
in
this
chapter
,
unless
the
context
otherwise
27
requires:
28
1.
“Administrator”
means
the
administrator
of
the
division.
29
2.
1.
“Child”
means
either
a
person
less
than
eighteen
30
years
of
age
or
a
person
eighteen,
nineteen,
or
twenty
years
of
31
age
who
meets
all
of
the
following
conditions:
32
a.
The
person
was
placed
by
court
order
issued
pursuant
33
to
chapter
232
in
foster
care
or
in
an
institution
listed
in
34
section
218.1
and
either
of
the
following
situations
apply
to
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the
person:
1
(1)
After
reaching
eighteen
years
of
age,
the
person
2
has
remained
continuously
and
voluntarily
under
the
care
3
of
an
individual,
as
defined
in
section
237.1
,
licensed
to
4
provide
foster
care
pursuant
to
chapter
237
or
in
a
supervised
5
apartment
living
arrangement,
in
this
state.
6
(2)
The
person
aged
out
of
foster
care
after
reaching
7
eighteen
years
of
age
and
subsequently
voluntarily
applied
for
8
placement
with
an
individual,
as
defined
in
section
237.1
,
9
licensed
to
provide
foster
care
pursuant
to
chapter
237
or
for
10
placement
in
a
supervised
apartment
living
arrangement,
in
this
11
state.
12
b.
The
person
has
demonstrated
a
willingness
to
participate
13
in
case
planning
and
to
complete
the
responsibilities
14
prescribed
in
the
person’s
case
permanency
plan.
15
c.
The
department
has
made
an
application
for
the
person
16
for
adult
services
upon
a
determination
that
it
is
likely
the
17
person
will
need
or
be
eligible
for
services
or
other
support
18
from
the
adult
services
system.
19
3.
“Division”
or
“state
division”
means
that
division
of
the
20
department
of
human
services
to
which
the
director
has
assigned
21
responsibility
for
income
and
service
programs.
22
4.
“Food
assistance
program”
means
the
benefits
provided
23
through
the
United
States
department
of
agriculture
program
24
administered
by
the
department
of
human
services
in
accordance
25
with
7
C.F.R.
pts.
270
–
283
.
26
2.
“Council”
means
the
council
on
health
and
human
services.
27
3.
“Department”
means
the
department
of
health
and
human
28
services.
29
4.
“Director”
means
the
director
of
health
and
human
30
services.
31
5.
“Food
programs”
means
the
food
stamp
supplemental
32
nutrition
assistance
program
and
donated
foods
programs
33
authorized
by
federal
law
under
the
United
States
department
34
of
agriculture.
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6.
“Supplemental
nutrition
assistance
program”
or
“SNAP”
1
means
benefits
provided
by
the
federal
program
administered
2
through
7
C.F.R.
pts.
270
–
280,
as
amended.
3
Sec.
671.
Section
234.4,
Code
2023,
is
amended
to
read
as
4
follows:
5
234.4
Education
of
children
in
departmental
programs.
6
If
the
department
of
human
services
has
custody
or
has
other
7
responsibility
for
a
child
based
upon
the
child’s
involvement
8
in
a
departmental
program
involving
foster
care,
preadoption
or
9
adoption,
or
subsidized
guardianship
placement
and
the
child
10
is
subject
to
the
compulsory
attendance
law
under
chapter
299
,
11
the
department
shall
fulfill
the
responsibilities
outlined
in
12
section
299.1
and
other
responsibilities
under
federal
and
13
state
law
regarding
the
child’s
school
attendance.
As
part
14
of
fulfilling
the
responsibilities
described
in
this
section
,
15
if
the
department
has
custody
or
other
responsibility
for
16
placement
and
care
of
a
child
and
the
child
transfers
to
a
17
different
school
during
or
immediately
preceding
the
period
of
18
custody
or
other
responsibility,
within
the
first
six
weeks
of
19
the
transfer
date
the
department
shall
assess
the
student’s
20
degree
of
success
in
adjusting
to
the
different
school.
21
Sec.
672.
Section
234.6,
Code
2023,
is
amended
to
read
as
22
follows:
23
234.6
Powers
and
duties
of
the
administrator
director
.
24
1.
The
administrator
shall
be
vested
with
the
authority
25
to
director
shall
administer
the
family
investment
program,
26
state
supplementary
assistance,
food
programs,
child
welfare,
27
and
emergency
relief,
family
and
adult
service
programs,
and
28
any
other
form
of
public
welfare
assistance
and
institutions
29
that
are
placed
under
the
administrator’s
director’s
30
administration.
The
administrator
director
shall
perform
31
duties,
shall
formulate
and
adopt
rules
as
may
be
necessary,
32
and
shall
outline
policies,
dictate
procedure,
and
delegate
33
such
powers
as
may
be
necessary
for
competent
and
efficient
34
administration.
Subject
to
restrictions
that
may
be
imposed
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by
the
director
of
human
services
and
the
council
on
human
1
services
,
the
administrator
director
may
abolish,
alter,
2
consolidate,
or
establish
subdivisions
subunits
and
may
abolish
3
or
change
offices
previously
created
existing
subunits
.
The
4
administrator
director
may
employ
necessary
personnel
and
5
fix
determine
their
compensation;
may
allocate
or
reallocate
6
functions
and
duties
among
any
subdivisions
now
existing
or
7
later
established
subunits
;
and
may
adopt
rules
relating
to
the
8
employment
of
personnel
and
the
allocation
of
their
functions
9
and
duties
among
the
various
subdivisions
subunits
as
required
10
for
competent
and
efficient
administration
may
require
.
The
11
administrator
director
shall
do
all
of
the
following
:
12
a.
Cooperate
with
the
social
security
administration
created
13
by
the
Social
Security
Act
and
codified
at
42
U.S.C.
§901,
14
or
other
agency
of
the
federal
government
for
public
welfare
15
assistance,
in
such
reasonable
manner
as
may
be
necessary
to
16
qualify
for
federal
aid,
including
the
making
of
such
reports
17
in
such
form
and
containing
such
information
as
the
social
18
security
administration,
from
time
to
time,
may
require,
19
and
to
comply
with
such
regulations
as
such
social
security
20
administration,
from
time
to
time,
may
find
necessary
to
assure
21
the
correctness
and
verification
of
such
reports.
22
b.
Furnish
information
to
acquaint
the
public
generally
23
with
the
operation
of
the
federal
Acts
under
the
director’s
24
jurisdiction
of
the
administrator
.
25
c.
With
the
approval
of
the
director
of
human
services,
26
the
governor,
the
director
of
the
department
of
management,
27
and
the
director
of
the
department
of
administrative
services,
28
set
up
establish
an
administrative
fund
from
the
funds
under
29
the
administrator’s
director’s
control
and
management
an
30
administrative
fund
and
from
the
administrative
fund
pay
the
31
expenses
of
operating
the
division
department’s
duties
under
32
this
chapter
.
33
d.
Notwithstanding
any
provisions
to
the
contrary
in
chapter
34
239B
relating
to
the
consideration
of
income
and
resources
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of
claimants
for
assistance,
the
administrator,
and
with
the
1
consent
and
approval
of
the
director
of
human
services
and
2
the
council
on
human
services
,
shall
make
such
adopt
rules
as
3
may
be
necessary
to
qualify
for
federal
aid
in
the
assistance
4
programs
administered
by
the
administrator
director
.
5
e.
Have
authority
to
use
Use
funds
available
to
the
6
department,
subject
to
any
limitations
placed
on
the
use
7
thereof
of
the
funds
by
the
legislation
appropriating
the
8
funds,
to
provide
to
or
purchase,
for
eligible
families
and
9
individuals
eligible
therefor
,
services
including
but
not
10
limited
to
the
following:
11
(1)
Child
care
for
children
or
adult
day
services,
in
12
facilities
which
are
licensed
or
are
approved
as
meeting
13
standards
for
licensure.
14
(2)
Foster
care,
including
foster
family
care,
group
homes,
15
and
institutions.
16
(3)
Family-centered
services,
as
defined
in
section
17
232.102A,
subsection
1
,
paragraph
“b”
.
18
(4)
Family
planning.
19
(5)
Protective
services.
20
(6)
Services
or
support
provided
to
a
child
with
an
21
intellectual
disability
or
other
developmental
disability
or
22
to
the
child’s
family.
23
(7)
Transportation
services.
24
(8)
Any
services,
not
otherwise
enumerated
in
this
25
paragraph
“e”
,
authorized
by
or
pursuant
to
the
United
States
26
Social
Security
Act
of
1934,
as
amended.
27
f.
Administer
the
food
programs
authorized
by
federal
law,
28
and
recommend
rules
necessary
in
the
administration
of
those
29
programs
to
the
director
for
adoption
pursuant
to
chapter
17A
.
30
g.
Provide
consulting
and
technical
services
to
the
director
31
of
the
department
of
education,
or
the
director’s
designee,
32
upon
request,
relating
to
prekindergarten,
kindergarten,
and
33
before
and
after
school
programming
and
facilities.
34
h.
Recommend
rules
for
their
adoption
by
the
council
on
35
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human
services
for
before
and
after
school
child
care
programs,
1
conducted
within
and
by
or
contracted
for
by
school
districts,
2
that
are
appropriate
for
the
ages
of
the
children
who
receive
3
services
under
the
programs.
4
2.
The
department
of
human
services
shall
have
the
power
5
and
authority
to
may
use
the
funds
available
to
it,
to
purchase
6
services
of
all
kinds
from
public
or
private
agencies
to
7
provide
for
the
needs
of
children,
including
but
not
limited
to
8
psychiatric
services,
supervision,
specialized
group,
foster
9
homes,
and
institutional
care.
10
3.
In
determining
the
reimbursement
rate
for
services
11
purchased
by
the
department
of
human
services
from
a
person
12
or
agency,
the
department
shall
not
include
private
moneys
13
contributed
to
the
person
or
agency
unless
the
moneys
are
14
contributed
for
services
provided
to
a
specific
individual.
15
Sec.
673.
Section
234.7,
Code
2023,
is
amended
to
read
as
16
follows:
17
234.7
Department
duties.
18
1.
The
department
of
human
services
shall
comply
with
the
19
provision
associated
with
child
foster
care
licensees
under
20
chapter
237
that
requires
that
a
child’s
foster
parent
be
21
included
in,
and
be
provided
timely
notice
of,
planning
and
22
review
activities
associated
with
the
child,
including
but
not
23
limited
to
permanency
planning
and
placement
review
meetings,
24
which
shall
include
discussion
of
the
child’s
rehabilitative
25
treatment
needs.
26
2.
a.
The
department
of
human
services
shall
submit
a
27
waiver
request
to
the
United
States
department
of
health
and
28
human
services
as
necessary
to
provide
coverage
under
the
29
medical
assistance
program
for
children
who
are
described
by
30
both
of
the
following:
31
(1)
The
child
needs
behavioral
health
care
services
and
32
qualifies
for
the
care
level
provided
by
a
psychiatric
medical
33
institution
for
children
licensed
under
chapter
135H
.
34
(2)
The
child
is
in
need
of
treatment
to
cure
or
alleviate
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serious
mental
illness
or
disorder,
or
emotional
damage
1
as
evidenced
by
severe
anxiety,
depression,
withdrawal,
or
2
untoward
aggressive
behavior
toward
self
or
others
and
whose
3
parent,
guardian,
or
custodian
is
unable
to
provide
such
4
treatment.
5
b.
The
waiver
request
shall
provide
for
appropriately
6
addressing
the
needs
of
children
described
in
paragraph
“a”
by
7
implementing
any
of
the
following
options:
using
a
wraparound
8
services
approach,
renegotiating
the
medical
assistance
program
9
contract
provisions
for
behavioral
health
services,
or
applying
10
another
approach
for
appropriately
meeting
the
children’s
11
needs.
12
c.
If
federal
approval
of
the
waiver
request
is
not
13
received,
the
department
shall
submit
options
to
the
governor
14
and
general
assembly
to
meet
the
needs
of
such
children
through
15
a
state-funded
program.
16
Sec.
674.
Section
234.8,
Code
2023,
is
amended
to
read
as
17
follows:
18
234.8
Fees
for
child
welfare
services.
19
The
department
of
human
services
may
charge
a
fee
for
20
child
welfare
services
to
a
person
liable
for
the
cost
of
the
21
services.
The
fee
shall
not
exceed
the
reasonable
cost
of
the
22
services.
The
fee
shall
be
based
upon
the
person’s
ability
23
to
pay
and
consideration
of
the
fee’s
impact
upon
the
liable
24
person’s
family
and
the
goals
identified
in
the
case
permanency
25
plan.
The
department
may
assess
the
liable
person
for
the
fee
26
and
the
means
of
recovery
shall
include
a
setoff
against
an
27
amount
owed
by
a
state
agency
to
the
person
assessed
pursuant
28
to
section
8A.504
.
In
addition
the
department
may
establish
29
an
administrative
process
to
recover
the
assessment
through
30
automatic
income
withholding.
The
department
shall
adopt
31
rules
pursuant
to
chapter
17A
to
implement
the
provisions
of
32
this
section
.
This
section
does
not
apply
to
court-ordered
33
services
provided
to
juveniles
which
are
a
charge
upon
the
34
state
pursuant
to
section
232.141
and
services
for
which
the
35
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department
has
established
a
support
obligation
pursuant
to
1
section
234.39
.
2
Sec.
675.
Section
234.12,
Code
2023,
is
amended
to
read
as
3
follows:
4
234.12
Department
to
provide
food
programs.
5
1.
The
department
of
human
services
is
authorized
to
6
may
enter
into
such
agreements
with
agencies
of
the
federal
7
government
as
are
necessary
in
order
to
make
available
to
the
8
people
of
this
state
any
federal
food
programs
which
may,
under
9
federal
laws
and
regulations,
be
implemented
in
this
state.
10
Each
such
program
shall
be
implemented
in
every
county
in
the
11
state,
or
in
each
county
where
implementation
is
permitted
by
12
federal
laws
and
regulations.
13
2.
The
provisions
of
the
federal
Personal
Responsibility
14
and
Work
Opportunity
Reconciliation
Act
of
1996,
Pub.
L.
15
No.
104-193,
§115,
shall
not
apply
to
an
applicant
for
or
16
recipient
of
food
stamp
supplemental
nutrition
assistance
17
program
benefits
in
this
state.
However,
the
department
of
18
human
services
may
apply
contingent
eligibility
requirements
as
19
provided
under
state
law
and
allowed
under
federal
law.
20
3.
Upon
request
by
the
department
of
human
services
,
21
the
department
of
inspections
and
appeals
shall
conduct
22
investigations
into
possible
fraudulent
practices,
as
described
23
in
section
234.13
,
relating
to
food
programs
administered
by
24
the
department
of
human
services
.
25
Sec.
676.
Section
234.12A,
Code
2023,
is
amended
to
read
as
26
follows:
27
234.12A
Electronic
benefits
transfer
program.
28
1.
The
department
of
human
services
shall
maintain
an
29
electronic
benefits
transfer
program
utilizing
electronic
funds
30
transfer
systems
for
the
food
supplemental
nutrition
assistance
31
program.
The
electronic
benefits
transfer
program
implemented
32
under
this
section
shall
not
require
a
retailer
to
make
cash
33
disbursements
or
to
provide,
purchase,
or
upgrade
electronic
34
funds
transfer
system
equipment
as
a
condition
of
participation
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in
the
program.
1
2.
A
point-of-sale
terminal
which
is
used
only
for
purchases
2
from
a
retailer
by
electronic
benefits
transfer
utilizing
3
electronic
funds
transfer
systems
is
not
a
satellite
terminal
4
as
defined
in
section
527.2
.
5
3.
For
the
purposes
of
this
section
,
“retailer”
means
6
a
business
authorized
by
the
United
States
department
of
7
agriculture
to
accept
food
supplemental
nutrition
assistance
8
program
benefits.
9
Sec.
677.
Section
234.13,
Code
2023,
is
amended
to
read
as
10
follows:
11
234.13
Fraudulent
practices
relating
to
food
programs.
12
For
the
purposes
of
this
section
,
unless
the
context
13
otherwise
requires,
“benefit
transfer
instrument”
means
a
14
food
stamp
supplemental
nutrition
assistance
program
coupon,
15
authorization-to-purchase
card,
or
electronic
benefits
transfer
16
card.
A
person
commits
a
fraudulent
practice
if
that
person
17
does
any
of
the
following:
18
1.
With
intent
to
gain
financial
assistance
to
which
that
19
person
is
not
entitled,
knowingly
makes
or
causes
to
be
made
a
20
false
statement
or
representation
or
knowingly
fails
to
report
21
to
an
employee
of
the
department
of
human
services
any
change
22
in
income,
resources
or
other
circumstances
affecting
that
23
person’s
entitlement
to
such
financial
assistance.
24
2.
As
a
beneficiary
of
the
food
programs,
transfers
any
25
food
stamp
supplemental
nutrition
assistance
program
benefit
26
transfer
instrument
to
any
other
individual
with
intent
that
27
the
benefit
transfer
instrument
be
used
for
the
benefit
of
28
someone
other
than
persons
within
the
beneficiary’s
food
29
stamp
supplemental
nutrition
assistance
program
household
as
30
certified
by
the
department
of
human
services
.
31
3.
Knowingly
acquires,
uses
or
attempts
to
use
any
food
32
stamp
supplemental
nutrition
assistance
program
benefit
33
transfer
instrument
which
was
not
issued
for
the
benefit
of
34
that
person’s
food
stamp
supplemental
nutrition
assistance
35
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program
household
by
the
department
of
human
services
,
or
by
an
1
agency
administering
food
programs
in
another
state.
2
4.
Acquires,
alters,
transfers,
or
redeems
a
food
stamp
3
supplemental
nutrition
assistance
benefit
transfer
instrument
4
or
possesses
a
benefit
transfer
instrument,
knowing
that
the
5
benefit
transfer
instrument
has
been
received,
transferred,
6
or
used
in
violation
of
this
section
or
the
provisions
of
the
7
federal
food
stamp
supplemental
nutrition
assistance
program
8
under
7
U.S.C.
ch.
51
or
the
federal
regulations
issued
9
pursuant
to
that
chapter.
10
Sec.
678.
Section
234.14,
Code
2023,
is
amended
to
read
as
11
follows:
12
234.14
Federal
grants.
13
The
state
treasurer
is
hereby
authorized
to
may
receive
such
14
federal
funds
as
may
be
made
available
for
carrying
out
any
of
15
the
activities
and
functions
of
the
state
division
department
16
under
this
chapter
,
and
all
such
funds
are
hereby
appropriated
17
for
expenditure
upon
authorization
of
the
administrator
18
director
.
19
Sec.
679.
Section
234.21,
Code
2023,
is
amended
to
read
as
20
follows:
21
234.21
Services
to
be
offered.
22
The
state
division
department
may
offer,
provide
to
,
23
or
purchase
family
planning
and
birth
control
services
to
24
for
every
person
who
is
an
eligible
applicant
or
recipient
25
of
service
services
or
any
financial
assistance
from
the
26
department
of
human
services
,
or
who
is
receiving
federal
27
supplementary
security
income
as
defined
in
section
249.1
.
28
Sec.
680.
Section
234.22,
Code
2023,
is
amended
to
read
as
29
follows:
30
234.22
Extent
of
services.
31
Such
The
family
planning
and
birth
control
services
32
may
include
interview
interviews
with
trained
personnel;
33
distribution
of
literature;
referral
to
a
licensed
physician
34
or
physician
assistant
for
consultation,
examination,
tests,
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medical
treatment,
and
prescription
prescriptions
;
and,
to
1
the
extent
so
prescribed,
the
distribution
of
rhythm
charts,
2
drugs,
medical
preparations,
contraceptive
devices,
and
similar
3
products.
4
Sec.
681.
Section
234.23,
Code
2023,
is
amended
to
read
as
5
follows:
6
234.23
Charge
for
services.
7
In
making
provision
for
and
offering
such
services,
the
8
state
division
department
may
charge
those
persons
to
whom
9
family
planning
and
birth
control
services
are
rendered
a
fee
10
sufficient
to
reimburse
the
state
division
department
all
or
11
any
portion
of
the
costs
of
the
services
rendered.
12
Sec.
682.
Section
234.35,
Code
2023,
is
amended
to
read
as
13
follows:
14
234.35
When
state
to
pay
foster
care
costs.
15
1.
The
department
of
human
services
is
responsible
for
16
paying
the
cost
of
foster
care
for
a
child,
according
to
rates
17
established
pursuant
to
section
234.38
,
under
any
of
the
18
following
circumstances:
19
a.
When
a
court
has
committed
the
child
to
the
director
of
20
human
services
or
the
director’s
designee.
21
b.
When
a
court
has
transferred
legal
custody
of
the
child
22
to
the
department
of
human
services
.
23
c.
When
the
department
has
agreed
to
provide
foster
care
24
services
for
the
child
for
a
period
of
not
more
than
ninety
25
days
on
the
basis
of
a
signed
placement
agreement
between
the
26
department
and
the
child’s
parent
or
guardian.
27
d.
When
the
child
has
been
placed
in
emergency
care
for
28
a
period
of
not
more
than
thirty
days
upon
approval
of
the
29
director
or
the
director’s
designee.
30
e.
When
a
court
has
entered
an
order
transferring
the
legal
31
custody
of
the
child
to
a
foster
care
placement
pursuant
to
32
section
232.46
,
section
232.52,
subsection
2
,
paragraph
“d”
,
or
33
section
232.102,
subsection
1
.
However,
payment
shall
not
be
34
made
for
a
group
foster
care
placement
unless
the
group
foster
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care
meets
requirements
as
established
by
the
department
by
1
rule.
2
f.
When
the
department
has
agreed
to
provide
foster
care
3
services
for
a
child
who
is
eighteen
years
of
age
or
older
4
on
the
basis
of
a
signed
placement
agreement
between
the
5
department
and
the
child
or
the
person
acting
on
behalf
of
the
6
child.
7
g.
When
the
department
has
agreed
to
provide
foster
care
8
services
for
the
child
on
the
basis
of
a
signed
placement
9
agreement
initiated
before
July
1,
1992,
between
the
department
10
and
the
child’s
parent
or
guardian.
11
h.
When
the
child
is
placed
in
shelter
care
pursuant
to
12
section
232.20,
subsection
1
,
or
section
232.21
.
13
2.
Except
as
provided
under
section
234.38
for
direct
14
payment
of
foster
parents,
payment
for
foster
care
costs
shall
15
be
limited
to
foster
care
providers
with
whom
the
department
16
has
a
contract
in
force.
17
3.
Payment
for
foster
care
services
provided
to
a
child
18
who
is
eighteen
years
of
age
or
older
shall
be
limited
to
the
19
following:
20
a.
Family
foster
care
or
supervised
apartment
living
21
arrangements.
22
b.
For
a
child
who
is
at
imminent
risk
of
becoming
homeless
23
or
failing
to
graduate
from
high
school
or
to
obtain
a
general
24
education
development
diploma,
if
the
services
are
in
the
25
child’s
best
interest,
funding
is
available
for
the
services,
26
and
an
appropriate
alternative
service
is
unavailable.
27
Sec.
683.
Section
234.37,
Code
2023,
is
amended
to
read
as
28
follows:
29
234.37
Department
may
establish
accounts
for
certain
30
children.
31
The
department
of
human
services
is
authorized
to
may
32
establish
an
account
in
the
name
of
any
child
committed
to
33
the
director
of
human
services
or
the
director’s
designee,
or
34
whose
legal
custody
has
been
transferred
to
the
department,
or
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who
is
voluntarily
placed
in
foster
care
pursuant
to
section
1
234.35
.
Any
money
which
the
child
receives
from
the
United
2
States
government
or
any
private
source
shall
be
placed
in
the
3
child’s
account,
unless
a
guardian
of
the
child’s
property
has
4
been
appointed
and
demands
the
money,
in
which
case
it
shall
5
be
paid
to
the
guardian.
The
account
shall
be
maintained
by
6
the
department
as
trustee
for
the
child
in
an
interest-bearing
7
account
at
a
reputable
bank
or
savings
association,
except
8
that
if
the
child
is
residing
at
an
institution
administered
9
by
the
department
a
limited
amount
of
the
child’s
funds
may
be
10
maintained
in
a
separate
account,
which
need
not
be
interest
11
bearing,
in
the
child’s
name
at
the
institution.
Any
money
12
held
in
an
account
in
the
child’s
name
or
in
trust
for
the
13
child
under
this
section
may
be
used,
at
the
discretion
of
the
14
department
and
subject
to
restrictions
lawfully
imposed
by
the
15
United
States
government
or
other
source
from
which
the
child
16
receives
the
funds,
for
the
purchase
of
personal
incidentals,
17
desires
and
comforts
of
the
child.
All
of
the
money
held
for
18
a
child
by
the
department
under
this
section
and
not
used
19
in
the
child’s
behalf
as
authorized
by
law
shall
be
promptly
20
paid
to
the
child
or
the
child’s
parent
or
legal
guardian
upon
21
termination
of
the
commitment
of
the
child
to
the
director
or
22
the
director’s
designee,
or
upon
transfer
or
cessation
of
legal
23
custody
of
the
child
by
the
department.
24
Sec.
684.
Section
234.38,
Code
2023,
is
amended
to
read
as
25
follows:
26
234.38
Foster
care
reimbursement
rates.
27
The
department
of
human
services
shall
make
reimbursement
28
payments
directly
to
foster
parents
for
services
provided
to
29
children
pursuant
to
section
234.6,
subsection
1
,
paragraph
30
“e”
,
subparagraph
(2),
or
section
234.35
.
In
any
fiscal
31
year,
the
reimbursement
rate
shall
be
based
upon
sixty-five
32
percent
of
the
United
States
department
of
agriculture
33
estimate
of
the
cost
to
raise
a
child
in
the
calendar
year
34
immediately
preceding
the
fiscal
year.
The
department
may
pay
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an
additional
stipend
for
a
child
with
special
needs.
1
Sec.
685.
Section
234.39,
Code
2023,
is
amended
to
read
as
2
follows:
3
234.39
Responsibility
for
cost
of
services.
4
1.
It
is
the
intent
of
this
chapter
that
an
individual
5
receiving
foster
care
services
and
the
individual’s
parents
or
6
guardians
shall
have
primary
responsibility
for
paying
the
cost
7
of
the
care
and
services.
The
support
obligation
established
8
and
adopted
under
this
section
shall
be
consistent
with
the
9
limitations
on
legal
liability
established
under
sections
10
222.78
and
230.15
,
and
by
any
other
statute
limiting
legal
11
responsibility
for
support
which
may
be
imposed
on
a
person
for
12
the
cost
of
care
and
services
provided
by
the
department.
The
13
department
shall
notify
an
individual’s
parents
or
guardians,
14
at
the
time
of
the
placement
of
an
individual
in
foster
care,
15
of
the
responsibility
for
paying
the
cost
of
care
and
services.
16
Support
obligations
shall
be
established
as
follows:
17
a.
For
an
individual
to
whom
section
234.35,
subsection
18
1
,
is
applicable,
a
dispositional
order
of
the
juvenile
court
19
requiring
the
provision
of
foster
care,
or
an
administrative
20
order
entered
pursuant
to
chapter
252C
,
or
any
order
21
establishing
paternity
and
support
for
a
child
in
foster
care,
22
shall
establish,
after
notice
and
a
reasonable
opportunity
to
23
be
heard
is
provided
to
a
parent
or
guardian,
the
amount
of
24
the
parent’s
or
guardian’s
support
obligation
for
the
cost
25
of
foster
care
provided
by
the
department.
The
amount
of
26
the
parent’s
or
guardian’s
support
obligation
and
the
amount
27
of
support
debt
accrued
and
accruing
shall
be
established
in
28
accordance
with
the
child
support
guidelines
prescribed
under
29
section
598.21B
.
However,
the
court,
or
the
department
of
30
human
services
in
establishing
support
by
administrative
order,
31
may
deviate
from
the
prescribed
obligation
after
considering
32
a
recommendation
by
the
department
for
expenses
related
to
33
goals
and
objectives
of
a
case
permanency
plan
as
defined
34
under
section
237.15
,
and
upon
written
findings
of
fact
which
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specify
the
reason
for
deviation
and
the
prescribed
guidelines
1
amount.
Any
order
for
support
shall
direct
the
payment
of
the
2
support
obligation
to
the
collection
services
center
for
the
3
use
of
the
department’s
foster
care
recovery
unit
services
.
4
The
order
shall
be
filed
with
the
clerk
of
the
district
court
5
in
which
the
responsible
parent
or
guardian
resides
and
has
6
the
same
force
and
effect
as
a
judgment
when
entered
in
the
7
judgment
docket
and
lien
index.
The
collection
services
center
8
shall
disburse
the
payments
pursuant
to
the
order
and
record
9
the
disbursements.
If
payments
are
not
made
as
ordered,
the
10
child
support
recovery
unit
services
may
certify
a
default
to
11
the
court
and
the
court
may,
on
its
own
motion,
proceed
under
12
section
598.22
or
598.23
or
the
child
support
recovery
unit
13
services
may
enforce
the
judgment
as
allowed
by
law.
An
order
14
entered
under
this
paragraph
may
be
modified
only
in
accordance
15
with
the
guidelines
prescribed
under
section
598.21C
,
or
under
16
chapter
252H
.
17
b.
For
an
individual
who
is
served
by
the
department
of
18
human
services
under
section
234.35
,
and
is
not
subject
to
19
a
dispositional
order
of
the
juvenile
court
requiring
the
20
provision
of
foster
care,
the
department
shall
determine
the
21
obligation
of
the
individual’s
parent
or
guardian
pursuant
22
to
chapter
252C
and
in
accordance
with
the
child
support
23
guidelines
prescribed
under
section
598.21B
.
However,
the
24
department
may
adjust
the
prescribed
obligation
for
expenses
25
related
to
goals
and
objectives
of
a
case
permanency
plan
26
as
defined
under
section
237.15
.
An
obligation
determined
27
under
this
paragraph
may
be
modified
only
in
accordance
with
28
conditions
under
section
598.21C
,
or
under
chapter
252H
.
29
2.
A
person
entitled
to
periodic
support
payments
pursuant
30
to
an
order
or
judgment
entered
in
any
action
for
support,
31
who
also
is
or
has
a
child
receiving
foster
care
services,
is
32
deemed
to
have
assigned
to
the
department
current
and
accruing
33
support
payments
attributable
to
the
child
effective
as
of
the
34
date
the
child
enters
foster
care
placement,
to
the
extent
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of
expenditure
of
foster
care
funds.
The
department
shall
1
notify
the
clerk
of
the
district
court
when
a
child
entitled
2
to
support
payments
is
receiving
foster
care
services
pursuant
3
to
chapter
234
.
Upon
notification
by
the
department
that
a
4
child
entitled
to
periodic
support
payments
is
receiving
foster
5
care
services,
the
clerk
of
the
district
court
shall
make
a
6
notation
of
the
automatic
assignment
in
the
judgment
docket
and
7
lien
index.
The
notation
constitutes
constructive
notice
of
8
assignment.
The
clerk
of
court
shall
furnish
the
department
9
with
copies
of
all
orders
and
decrees
awarding
support
when
10
the
child
is
receiving
foster
care
services.
At
the
time
the
11
child
ceases
to
receive
foster
care
services,
the
assignment
12
of
support
shall
be
automatically
terminated.
Unpaid
support
13
accrued
under
the
assignment
of
support
rights
during
the
time
14
that
the
child
was
in
foster
care
remains
due
to
the
department
15
up
to
the
amount
of
unreimbursed
foster
care
funds
expended.
16
The
department
shall
notify
the
clerk
of
court
of
the
automatic
17
termination
of
the
assignment.
Unless
otherwise
specified
in
18
the
support
order,
an
equal
and
proportionate
share
of
any
19
child
support
awarded
shall
be
presumed
to
be
payable
on
behalf
20
of
each
child
subject
to
the
order
or
judgment
for
purposes
of
21
an
assignment
under
this
section
.
22
3.
The
support
debt
for
the
costs
of
services,
for
which
23
a
support
obligation
is
established
pursuant
to
this
section
,
24
which
accrues
prior
to
the
establishment
of
the
support
debt,
25
shall
be
collected,
at
a
maximum,
in
the
amount
which
is
the
26
amount
of
accrued
support
debt
for
the
three
months
preceding
27
the
earlier
of
the
following:
28
a.
The
provision
by
the
child
support
recovery
unit
services
29
of
the
initial
notice
to
the
parent
or
guardian
of
the
amount
30
of
the
support
obligation.
31
b.
The
date
that
the
written
request
for
a
court
hearing
32
is
received
by
the
child
support
recovery
unit
services
as
33
provided
in
section
252C.3
or
252F.3
.
34
4.
If
the
department
makes
a
subsidized
guardianship
35
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payment
for
a
child,
the
payment
shall
be
considered
a
foster
1
care
payment
for
purposes
of
child
support
recovery
services
.
2
All
provisions
of
this
and
other
sections,
and
of
rules
and
3
orders
adopted
or
entered
pursuant
to
those
sections,
including
4
for
the
establishment
of
a
paternity
or
support
order,
for
5
the
amount
of
a
support
obligation,
for
the
modification
or
6
adjustment
of
a
support
obligation,
for
the
assignment
of
7
support,
and
for
enforcement
shall
apply
as
if
the
child
8
were
receiving
foster
care
services,
or
were
in
foster
care
9
placement,
or
as
if
foster
care
funds
were
being
expended
for
10
the
child.
This
subsection
shall
apply
regardless
of
the
date
11
of
placement
in
foster
care
or
subsidized
guardianship
or
the
12
date
of
entry
of
an
order,
and
foster
care
and
subsidized
13
guardianship
shall
be
considered
the
same
for
purposes
of
child
14
support
recovery
services
.
15
Sec.
686.
Section
234.40,
Code
2023,
is
amended
to
read
as
16
follows:
17
234.40
Corporal
punishment.
18
The
department
of
human
services
shall
adopt
rules
19
prohibiting
corporal
punishment
of
foster
children
by
foster
20
parents
licensed
by
the
department.
The
rules
shall
allow
21
foster
parents
to
use
reasonable
physical
force
to
restrain
a
22
foster
child
in
order
to
prevent
injury
to
the
foster
child,
23
injury
to
others,
the
destruction
of
property,
or
extremely
24
disruptive
behavior.
For
the
purposes
of
this
section
,
25
“corporal
punishment”
means
the
intentional
physical
punishment
26
of
a
foster
child.
A
foster
parent’s
physical
contact
with
27
the
body
of
a
foster
child
shall
not
be
considered
corporal
28
punishment
if
the
contact
is
reasonable
and
necessary
under
the
29
circumstances
and
is
not
designed
or
intended
to
cause
pain
or
30
if
the
foster
parent
uses
reasonable
force,
as
defined
under
31
section
704.1
.
32
Sec.
687.
Section
234.41,
Code
2023,
is
amended
to
read
as
33
follows:
34
234.41
Tort
actions.
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A
foster
parent
licensed
by
the
department
of
human
services
1
stands
in
the
same
relationship
to
the
foster
parent’s
minor
2
foster
child,
for
purposes
of
tort
actions
by
or
on
behalf
of
3
the
foster
child
against
the
foster
parent,
as
a
biological
4
parent
to
the
biological
parent’s
minor
child
who
resides
at
5
home.
This
section
does
not
apply
to
a
foster
parent
whose
6
malicious,
willful
and
wanton
conduct
causes
injury
or
damage
7
to
a
foster
child
or
exposes
the
foster
child
to
a
danger
8
caused
by
violation
of
a
statute
or
the
rules
of
the
department
9
of
human
services
.
10
Sec.
688.
Section
234.45,
Code
2023,
is
amended
to
read
as
11
follows:
12
234.45
Iowa
marriage
initiative
grant
fund.
13
1.
An
Iowa
marriage
initiative
grant
fund
is
established
14
in
the
state
treasury
under
the
authority
of
the
department
15
of
human
services
.
The
grant
fund
shall
consist
of
moneys
16
appropriated
to
the
fund
and
notwithstanding
section
8.33
such
17
moneys
shall
not
revert
to
the
fund
from
which
appropriated
18
at
the
close
of
the
fiscal
year
but
shall
remain
in
the
Iowa
19
marriage
initiative
grant
fund.
Moneys
credited
to
the
fund
20
shall
be
used
as
directed
in
appropriations
made
by
the
general
21
assembly
for
funding
of
services
to
support
marriage
and
to
22
encourage
the
formation
and
maintenance
of
two-parent
families
23
that
are
secure
and
nurturing.
24
2.
It
is
the
intent
of
the
general
assembly
to
credit
to
the
25
Iowa
marriage
initiative
grant
fund,
federal
moneys
provided
26
to
the
state
for
the
express
purpose
of
supporting
marriage
or
27
two-parent
families.
28
Sec.
689.
Section
234.46,
subsection
2,
unnumbered
29
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
30
The
division
department
shall
establish
a
preparation
for
31
adult
living
program
directed
to
young
adults.
The
purpose
32
of
the
program
is
to
assist
persons
who
are
leaving
foster
33
care
and
other
court-ordered
services
at
age
eighteen
or
34
older
in
making
the
transition
to
self-sufficiency.
The
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department
shall
adopt
rules
necessary
for
administration
of
1
the
program,
including
but
not
limited
to
eligibility
criteria
2
for
young
adult
participation
and
the
services
and
other
3
support
available
under
the
program.
The
rules
shall
provide
4
for
participation
of
each
person
who
meets
the
definition
of
5
young
adult
on
the
same
basis,
regardless
of
whether
federal
6
financial
participation
is
provided.
The
services
and
other
7
support
available
under
the
program
may
include
but
are
not
8
limited
to
any
of
the
following:
9
Sec.
690.
Section
234.47,
Code
2023,
is
amended
to
read
as
10
follows:
11
234.47
State
child
care
assistance
and
adoption
subsidy
12
programs
——
expenditure
projections.
13
The
department
of
human
services
,
the
department
of
14
management,
and
the
legislative
services
agency
shall
utilize
15
a
joint
process
to
arrive
at
consensus
projections
for
16
expenditures
for
the
state
child
care
assistance
program
under
17
section
237A.13
and
adoption
subsidy
and
other
assistance
18
provided
under
section
600.17
.
19
Sec.
691.
Section
235.1,
Code
2023,
is
amended
to
read
as
20
follows:
21
235.1
Definitions.
22
As
used
in
this
chapter
,
unless
the
context
otherwise
23
requires:
24
1.
“Administrator”
means
the
same
as
defined
in
section
25
234.1
.
26
2.
1.
“Child”
means
the
same
as
defined
in
section
234.1
.
27
3.
2.
“Child
welfare
services”
means
social
welfare
28
services
for
the
protection
and
care
of
children
who
are
29
homeless,
dependent
or
neglected,
or
in
danger
of
becoming
30
delinquent,
or
who
have
a
mental
illness
or
an
intellectual
31
disability
or
other
developmental
disability,
including,
when
32
necessary,
care
and
maintenance
in
a
foster
care
facility.
33
Child
welfare
services
are
designed
to
serve
a
child
in
the
34
child’s
home
whenever
possible.
If
not
possible,
and
the
child
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is
placed
outside
the
child’s
home,
the
placement
should
be
in
1
the
least
restrictive
setting
available
and
in
close
proximity
2
to
the
child’s
home.
3
4.
“State
division”
means
the
same
as
defined
in
section
4
234.1
.
5
3.
“Department”
means
the
department
of
health
and
human
6
services.
7
4.
“Director”
means
the
director
of
health
and
human
8
services.
9
Sec.
692.
Section
235.2,
Code
2023,
is
amended
to
read
as
10
follows:
11
235.2
Powers
and
duties
of
state
division
department
.
12
The
state
division
department
,
in
addition
to
all
other
13
powers
and
duties
given
it
the
department
by
law,
shall:
14
1.
Administer
and
enforce
the
provisions
of
this
chapter
.
15
2.
Join
and
cooperate
with
the
government
of
the
United
16
States
through
its
appropriate
agency
or
instrumentality
or
17
with
any
other
officer
or
agency
of
the
federal
government
in
18
planning,
establishing,
extending
and
strengthening
public
and
19
private
child
welfare
services
within
the
state.
20
3.
Make
such
investigations
Investigate
and
to
obtain
such
21
information
as
will
to
permit
the
administrator
director
to
22
determine
the
need
for
public
child
welfare
services
within
the
23
state
and
within
the
several
county
departments
thereof
.
24
4.
Apply
for
and
receive
any
funds
which
are
or
may
be
25
allotted
to
the
state
by
the
United
States
or
any
agency
26
thereof
of
the
United
States
for
the
purpose
of
developing
27
child
welfare
services.
28
5.
Make
such
reports
and
budget
estimates
to
the
governor
29
and
to
the
general
assembly
as
are
required
by
law
or
such
as
30
are
necessary
and
proper
to
obtain
the
appropriation
of
state
31
funds
for
child
welfare
services
within
the
state
and
for
all
32
the
purposes
of
this
chapter
.
33
6.
Cooperate
with
the
several
county
departments
within
the
34
state,
and
all
county
boards
of
supervisors
and
other
public
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or
private
agencies
charged
with
the
protection
and
care
of
1
children,
in
the
development
of
child
welfare
services.
2
7.
Aid
in
the
enforcement
of
all
laws
of
the
state
for
the
3
protection
and
care
of
children.
4
8.
Cooperate
with
the
juvenile
courts
of
the
state
and
with
5
the
other
administrators
and
divisions
of
the
subunits
within
6
the
department
of
human
services
regarding
the
management
and
7
control
of
state
institutions
and
the
inmates
thereof
of
the
8
institutions
.
9
Sec.
693.
Section
235.3,
Code
2023,
is
amended
to
read
as
10
follows:
11
235.3
Powers
and
duties
of
administrator
director
.
12
The
administrator
director
shall:
13
1.
Plan
and
supervise
all
public
child
welfare
services
and
14
activities
within
the
state
as
provided
by
this
chapter
.
15
2.
Make
such
reports
and
obtain
and
furnish
such
information
16
from
time
to
time
as
may
be
necessary
to
permit
cooperation
by
17
the
state
division
director
with
the
United
States
children’s
18
bureau,
the
social
security
administration,
or
any
other
19
federal
agency
which
is
now
or
may
hereafter
be
charged
with
20
any
duty
regarding
child
care
or
child
welfare
services.
21
3.
Adopt
rules
as
necessary
or
advisable
for
the
supervision
22
of
the
private
child-caring
agencies
or
their
officers
which
23
the
administrator
department
is
empowered
to
license
and
24
supervise.
25
4.
Supervise
private
institutions
for
the
care
of
26
dependent,
neglected,
and
delinquent
children,
and
make
reports
27
regarding
the
institutions.
28
5.
Designate
and
approve
the
private
and
county
29
institutions
within
the
state
to
which
neglected,
dependent,
30
and
delinquent
children
may
be
legally
committed
and
to
have
31
supervision
of
,
supervise
the
care
of
children
committed
32
thereto
to
these
institutions
,
and
have
the
right
of
visitation
33
to
visit
and
inspection
of
said
inspect
these
institutions
at
34
all
times.
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6.
Receive
and
keep
on
file
annual
reports
from
all
1
institutions
to
which
children
subject
to
the
jurisdiction
2
of
the
juvenile
court
are
committed,
compile
statistics
3
regarding
juvenile
delinquency,
make
reports
regarding
4
juvenile
delinquency,
and
study
prevention
and
cure
of
juvenile
5
delinquency.
6
7.
Require
and
receive
from
the
clerks
of
the
courts
of
7
record
within
the
state
duplicates
of
the
findings
of
the
8
courts
upon
petitions
for
adoption,
and
keep
records
and
9
compile
statistics
regarding
adoptions.
10
8.
License
private
child-placing
agencies,
make
reports
11
regarding
them
the
agencies
,
and
revoke
such
licenses.
12
9.
Make
such
rules
and
regulations
as
may
be
necessary
13
for
the
distribution
and
use
of
funds
appropriated
for
child
14
welfare
services.
15
Sec.
694.
Section
235.4,
Code
2023,
is
amended
to
read
as
16
follows:
17
235.4
Licenses.
18
Licenses
issued
to
private
boarding
homes
for
children
and
19
private
child-placing
agencies
by
the
administrator
department
20
shall
remain
in
effect
for
the
period
for
which
issued,
unless
21
sooner
revoked
according
to
law.
Thereafter
each
of
such
the
22
agencies
shall
apply
to
the
administrator
department
for
a
new
23
license,
and
shall
submit
to
such
rules
regarding
licensing
as
24
the
administrator
prescribes
prescribed
by
the
department
.
25
Sec.
695.
Section
235.7,
Code
2023,
is
amended
to
read
as
26
follows:
27
235.7
Transition
committees.
28
1.
Committees
established.
The
department
of
human
services
29
shall
establish
and
maintain
local
transition
committees
to
30
address
the
transition
needs
of
those
children
receiving
child
31
welfare
services
who
are
age
sixteen
or
older
and
have
a
case
32
permanency
plan
as
defined
in
section
232.2
.
The
department
33
shall
adopt
rules
establishing
criteria
for
transition
34
committee
membership,
operating
policies,
and
basic
functions.
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The
rules
shall
provide
flexibility
for
a
committee
to
adopt
1
protocols
and
other
procedures
appropriate
for
the
geographic
2
area
addressed
by
the
committee.
3
2.
Membership.
The
department
may
authorize
the
governance
4
boards
of
decategorization
of
child
welfare
and
juvenile
5
justice
funding
projects
established
under
section
232.188
to
6
appoint
the
transition
committee
membership
and
may
utilize
7
the
boundaries
of
decategorization
projects
to
establish
8
the
service
areas
for
transition
committees.
The
committee
9
membership
may
include
but
is
not
limited
to
department
of
10
human
services
staff
involved
with
foster
care,
child
welfare,
11
and
adult
services,
juvenile
court
services
staff,
staff
12
involved
with
county
general
assistance
or
emergency
relief
13
under
chapter
251
or
252
,
or
a
regional
administrator
of
the
14
county
mental
health
and
disability
services
region,
as
defined
15
in
section
331.388
,
in
the
area,
school
district
and
area
16
education
agency
staff
involved
with
special
education,
and
a
17
child’s
court
appointed
special
advocate,
guardian
ad
litem,
18
service
providers,
and
other
persons
knowledgeable
about
the
19
child.
20
3.
Duties.
A
transition
committee
shall
review
and
approve
21
the
written
plan
of
services
required
for
the
child’s
case
22
permanency
plan
in
accordance
with
section
232.2,
subsection
4
,
23
paragraph
“g”
,
which,
based
upon
an
assessment
of
the
child’s
24
needs,
would
assist
the
child
in
preparing
for
the
transition
25
from
foster
care
to
adulthood.
In
addition,
a
transition
26
committee
shall
identify
and
act
to
address
any
gaps
existing
27
in
the
services
or
other
support
available
to
meet
the
child
28
and
adult
needs
of
individuals
for
whom
service
plans
are
29
approved.
30
Sec.
696.
Section
235A.1,
Code
2023,
is
amended
to
read
as
31
follows:
32
235A.1
Child
abuse
prevention
program.
33
1.
a.
A
program
for
the
prevention
of
child
abuse
is
34
established
within
the
state
department
of
health
and
human
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services.
Any
moneys
appropriated
by
the
general
assembly
for
1
child
abuse
prevention
shall
be
used
by
the
department
of
human
2
services
solely
for
the
purposes
of
child
abuse
prevention
and
3
shall
not
be
expended
for
treatment
or
other
service
delivery
4
programs
regularly
maintained
by
the
department.
Moneys
5
appropriated
for
child
abuse
prevention
shall
be
used
by
the
6
department
through
contract
with
an
agency
or
organization
7
which
shall
administer
the
funds
with
maximum
use
of
voluntary
8
administrative
services
for
the
following:
9
(1)
Matching
federal
funds
to
purchase
services
relating
to
10
community-based
programs
for
the
prevention
of
child
abuse
and
11
neglect.
12
(2)
Funding
the
establishment
or
expansion
of
13
community-based
prevention
projects
or
educational
programs
for
14
the
prevention
of
child
abuse
and
neglect.
15
(3)
To
study
and
evaluate
Studying
and
evaluating
16
community-based
prevention
projects
and
educational
programs
17
for
the
problems
of
families
and
children.
18
b.
Funds
for
the
programs
or
projects
shall
be
applied
19
for
and
received
by
a
community-based
volunteer
coalition
or
20
council.
21
2.
The
director
of
health
and
human
services
may
accept
22
grants,
gifts,
and
bequests
from
any
source
for
the
purposes
23
designated
in
subsection
1
.
The
director
shall
remit
funds
so
24
received
to
the
treasurer
of
state
who
shall
deposit
them
the
25
funds
in
the
general
fund
of
the
state
for
the
use
of
the
child
26
abuse
prevention
program.
27
Sec.
697.
Section
235A.2,
Code
2023,
is
amended
to
read
as
28
follows:
29
235A.2
Child
abuse
prevention
program
fund.
30
1.
A
child
abuse
prevention
program
fund
is
created
in
31
the
state
treasury
under
the
control
of
the
department
of
32
health
and
human
services.
The
fund
is
composed
of
moneys
33
appropriated
or
available
to
and
obtained
or
accepted
by
the
34
treasurer
of
state
for
deposit
in
the
fund.
The
fund
shall
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include
moneys
transferred
to
the
fund
pursuant
to
an
income
1
tax
checkoff
provided
in
chapter
422,
subchapter
II
,
if
2
applicable.
All
interest
earned
on
moneys
in
the
fund
shall
3
be
credited
to
and
remain
in
the
fund.
Section
8.33
does
not
4
apply
to
moneys
in
the
fund.
5
2.
Moneys
in
the
fund
that
are
authorized
by
the
department
6
for
expenditure
are
appropriated,
and
shall
be
used,
for
the
7
purposes
described
in
section
235A.1
of
preventing
child
abuse
8
and
neglect.
9
Sec.
698.
NEW
SECTION
.
235A.3
Child
abuse
prevention
10
program
advisory
committee.
11
The
council
on
health
and
human
services
shall
establish
a
12
child
abuse
prevention
program
advisory
committee
to
support
13
the
child
abuse
prevention
program
implemented
in
accordance
14
with
section
235A.1.
The
duties
of
the
advisory
committee
15
shall
include
all
of
the
following:
16
1.
Advise
the
director
of
health
and
human
services
17
regarding
expenditures
of
funds
received
for
the
child
abuse
18
prevention
program.
19
2.
Review
the
implementation
and
effectiveness
of
20
legislation
and
administrative
rules
concerning
the
child
abuse
21
prevention
program.
22
3.
Recommend
changes
in
legislation
and
administrative
23
rules
to
the
general
assembly
and
the
appropriate
department
24
officials.
25
4.
Require
reports
from
state
agencies
and
other
entities
as
26
necessary
to
perform
its
duties.
27
5.
Receive
and
review
complaints
from
the
public
concerning
28
the
operation
and
management
of
the
child
abuse
prevention
29
program.
30
6.
Approve
grant
proposals.
31
Sec.
699.
Section
235A.13,
Code
2023,
is
amended
to
read
as
32
follows:
33
235A.13
Definitions.
34
The
definitions
in
section
232.68
are
applicable
to
this
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subchapter
unless
the
context
otherwise
requires.
As
used
1
in
chapter
232,
subchapter
III,
part
2
,
and
this
subchapter
,
2
unless
the
context
otherwise
requires:
3
1.
“Assessment
data”
means
any
of
the
following
information
4
pertaining
to
the
department’s
evaluation
of
a
family:
5
a.
Identification
of
the
strengths
and
needs
of
the
child,
6
and
of
the
child’s
parent,
home,
and
family.
7
b.
Identification
of
services
available
from
the
department
8
and
informal
and
formal
services
and
other
support
available
in
9
the
community
to
meet
identified
strengths
and
needs.
10
2.
“Child
abuse
information”
means
any
or
all
of
the
11
following
data
maintained
by
the
department
in
a
manual
or
12
automated
data
storage
system
and
individually
identified:
13
a.
Report
data.
14
b.
Assessment
data.
15
c.
Disposition
data.
16
3.
“Confidentiality”
means
the
withholding
of
information
17
from
any
manner
of
communication,
public
or
private.
18
4.
“Department”
means
the
department
of
health
and
human
19
services.
20
5.
“Director”
means
the
director
of
health
and
human
21
services.
22
6.
“Disposition
data”
means
information
pertaining
to
23
an
opinion
or
decision
as
to
the
occurrence
of
child
abuse,
24
including:
25
a.
Any
intermediate
or
ultimate
opinion
or
decision
reached
26
by
assessment
personnel.
27
b.
Any
opinion
or
decision
reached
in
the
course
of
judicial
28
proceedings.
29
c.
The
present
status
of
any
case.
30
6.
7.
“Expungement”
means
the
process
of
destroying
child
31
abuse
information.
32
7.
8.
“Individually
identified”
means
any
report,
33
assessment,
or
disposition
data
which
names
the
person
or
34
persons
responsible
or
believed
responsible
for
the
child
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abuse.
1
8.
9.
“Multidisciplinary
team”
means
a
group
of
individuals
2
who
possess
knowledge
and
skills
related
to
the
diagnosis,
3
assessment,
and
disposition
of
child
abuse
cases
and
who
are
4
professionals
practicing
in
the
disciplines
of
medicine,
5
nursing,
public
health,
substance
abuse
use
disorder
,
domestic
6
violence,
mental
health,
social
work,
child
development,
7
education,
law,
juvenile
probation,
or
law
enforcement,
or
a
8
group
established
pursuant
to
section
235B.1,
subsection
1
.
9
9.
10.
“Near
fatality”
means
an
injury
to
a
child
that,
10
as
certified
by
a
physician
or
physician
assistant,
placed
the
11
child
in
serious
or
critical
condition.
12
10.
11.
“Report
data”
means
any
of
the
following
13
information
pertaining
to
an
assessment
of
an
allegation
of
14
child
abuse
in
which
the
department
has
determined
the
alleged
15
child
abuse
meets
the
definition
of
child
abuse:
16
a.
The
name
and
address
of
the
child
and
the
child’s
parents
17
or
other
persons
responsible
for
the
child’s
care.
18
b.
The
age
of
the
child.
19
c.
The
nature
and
extent
of
the
injury,
including
evidence
20
of
any
previous
injury.
21
d.
Additional
information
as
to
the
nature,
extent,
and
22
cause
of
the
injury,
and
the
identity
of
the
person
or
persons
23
alleged
to
be
responsible
for
the
injury.
24
e.
The
names
and
conditions
of
other
children
in
the
child’s
25
home.
26
f.
A
recording
made
of
an
interview
conducted
under
chapter
27
232
in
association
with
a
child
abuse
assessment.
28
g.
Any
other
information
believed
to
be
helpful
in
29
establishing
the
information
in
paragraph
“d”
.
30
11.
12.
“Sealing”
means
the
process
of
removing
child
abuse
31
information
from
authorized
access
as
provided
by
this
chapter
.
32
Sec.
700.
Section
235A.14,
Code
2023,
is
amended
to
read
as
33
follows:
34
235A.14
Creation
and
maintenance
of
a
central
registry.
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1.
There
is
created
within
the
state
department
of
1
human
services
a
central
registry
for
certain
child
abuse
2
information.
The
department
shall
organize
and
staff
the
3
registry
and
adopt
rules
for
its
operation.
4
2.
The
registry
shall
collect,
maintain
and
disseminate
5
child
abuse
information
as
provided
for
by
this
chapter
.
6
3.
The
department
shall
maintain
a
toll-free
telephone
7
line,
which
shall
be
available
on
a
twenty-four
hour
a
day
8
twenty-four-hour-a-day
,
seven-day
a
week
seven-day-a-week
9
basis
and
which
the
department
of
human
services
and
all
other
10
persons
may
use
to
report
cases
of
suspected
child
abuse
11
and
that
all
persons
authorized
by
this
chapter
may
use
for
12
obtaining
child
abuse
information.
13
4.
An
oral
report
of
suspected
child
abuse
initially
made
to
14
the
central
registry
shall
be
immediately
transmitted
by
the
15
department
to
the
appropriate
county
department
of
social
human
16
services
or
law
enforcement
agency,
or
both.
17
5.
The
registry,
upon
receipt
of
a
report
of
suspected
18
child
abuse,
shall
search
the
records
of
the
registry,
and
19
if
the
records
of
the
registry
reveal
any
previous
report
of
20
child
abuse
involving
the
same
child
or
any
other
child
in
21
the
same
family,
or
if
the
records
reveal
any
other
pertinent
22
information
with
respect
to
the
same
child
or
any
other
child
23
in
the
same
family,
the
appropriate
office
of
the
department
of
24
human
services
or
law
enforcement
agency
shall
be
immediately
25
notified
of
that
fact.
26
6.
The
central
registry
shall
include
report
data
and
27
disposition
data
which
is
subject
to
placement
in
the
central
28
registry
under
section
232.71D
.
The
central
registry
shall
not
29
include
assessment
data.
30
Sec.
701.
Section
235A.15,
subsection
2,
paragraph
b,
31
subparagraphs
(2)
and
(4),
Code
2023,
are
amended
to
read
as
32
follows:
33
(2)
To
an
employee
or
agent
of
the
department
of
human
34
services
responsible
for
the
assessment
of
a
child
abuse
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report.
1
(4)
To
a
multidisciplinary
team,
or
to
parties
to
an
2
interagency
agreement
entered
into
pursuant
to
section
280.25
,
3
if
the
department
of
human
services
approves
the
composition
of
4
the
multidisciplinary
team
or
the
relevant
provisions
of
the
5
interagency
agreement
and
determines
that
access
to
the
team
6
or
to
the
parties
to
the
interagency
agreement
is
necessary
7
to
assist
the
department
in
the
diagnosis,
assessment,
and
8
disposition
of
a
child
abuse
case.
9
Sec.
702.
Section
235A.15,
subsection
2,
paragraph
c,
10
subparagraph
(8),
Code
2023,
is
amended
to
read
as
follows:
11
(8)
To
an
administrator
of
an
agency
certified
by
the
12
department
of
human
services
to
provide
services
under
a
13
medical
assistance
home
and
community-based
services
waiver,
14
if
the
data
concerns
a
person
employed
by
or
being
considered
15
by
the
agency
for
employment.
16
Sec.
703.
Section
235A.15,
subsection
2,
paragraph
e,
17
subparagraphs
(6),
(8),
and
(12),
Code
2023,
are
amended
to
18
read
as
follows:
19
(6)
To
the
attorney
for
the
department
of
human
services
who
20
is
responsible
for
representing
the
department.
21
(8)
To
an
employee
or
agent
of
the
department
of
human
22
services
regarding
a
person
who
is
providing
child
care
if
the
23
person
is
not
registered
or
licensed
to
operate
a
child
care
24
facility.
25
(12)
To
the
department
of
human
services
for
a
record
check
26
relating
to
employment
or
residence
pursuant
to
section
218.13
.
27
Sec.
704.
Section
235A.15,
subsection
7,
Code
2023,
is
28
amended
to
read
as
follows:
29
7.
If
the
director
of
human
services
receives
a
written
30
request
for
information
regarding
a
specific
case
of
child
31
abuse
involving
a
fatality
or
near
fatality
to
a
child
from
the
32
majority
or
minority
leader
of
the
senate
or
the
speaker
or
the
33
minority
leader
of
the
house
of
representatives,
the
director
34
or
the
director’s
designee
shall
arrange
for
a
confidential
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meeting
with
the
requestor
or
the
requestor’s
designee.
In
the
1
confidential
meeting
the
director
or
the
director’s
designee
2
shall
share
all
pertinent
information
concerning
the
case,
3
including
but
not
limited
to
child
abuse
information.
Any
4
written
document
distributed
by
the
director
or
the
director’s
5
designee
at
the
confidential
meeting
shall
not
be
removed
6
from
the
meeting
and
a
participant
in
the
meeting
shall
be
7
subject
to
the
restriction
on
redissemination
of
confidential
8
information
applicable
to
a
person
under
section
235A.17,
9
subsection
3
,
for
confidential
information
disclosed
to
the
10
participant
at
the
meeting.
A
participant
in
the
meeting
11
may
issue
a
report
to
the
governor
or
make
general
public
12
statements
concerning
the
department’s
handling
of
the
case
of
13
child
abuse.
14
Sec.
705.
Section
235A.15,
subsection
9,
unnumbered
15
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
16
If,
apart
from
a
request
made
pursuant
to
subsection
7
17
or
8
,
the
department
receives
from
a
member
of
the
public
a
18
request
for
information
relating
to
a
case
of
founded
child
19
abuse
involving
a
fatality
or
near
fatality
to
a
child,
the
20
response
to
the
request
shall
be
made
in
accordance
with
this
21
subsection
and
subsections
10
and
11
.
If
the
request
is
22
received
before
or
during
performance
of
an
assessment
of
the
23
case
in
accordance
with
section
232.71B
,
the
director
of
human
24
services
or
the
director’s
designee
shall
initially
disclose
25
whether
or
not
the
assessment
will
be
or
is
being
performed.
26
Otherwise,
within
five
business
days
of
receiving
the
request
27
or
completing
the
assessment,
whichever
is
later,
the
director
28
of
human
services
or
the
director’s
designee
shall
consult
29
with
the
county
attorney
responsible
for
prosecution
of
any
30
alleged
perpetrator
of
the
fatality
or
near
fatality
and
shall
31
disclose
information,
including
but
not
limited
to
child
abuse
32
information,
relating
to
the
case,
except
for
the
following:
33
Sec.
706.
Section
235A.15,
subsection
10,
unnumbered
34
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
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The
information
released
by
the
director
of
human
services
1
or
the
director’s
designee
pursuant
to
a
request
made
under
2
subsection
9
relating
to
a
case
of
founded
child
abuse
3
involving
a
fatality
or
near
fatality
to
a
child
shall
include
4
all
of
the
following,
unless
such
information
is
excepted
from
5
disclosure
under
subsection
9
:
6
Sec.
707.
Section
235A.15,
subsection
11,
paragraph
b,
Code
7
2023,
is
amended
to
read
as
follows:
8
b.
If
release
of
social
services
information
in
addition
to
9
that
released
under
subsection
10
,
paragraph
“c”
,
is
believed
10
to
be
in
the
public’s
interest
and
right
to
know,
the
director
11
of
human
services
or
the
director’s
designee
may
apply
to
12
the
court
under
section
235A.24
requesting
a
review
of
the
13
information
proposed
for
release
and
an
order
authorizing
14
release
of
the
information.
A
release
of
information
that
15
would
otherwise
be
confidential
under
section
217.30
concerning
16
social
services
provided
to
the
child
or
the
child’s
family
17
shall
not
include
information
concerning
financial
or
medical
18
assistance
provided
to
the
child
or
the
child’s
family.
19
Sec.
708.
Section
235A.15,
subsection
12,
Code
2023,
is
20
amended
to
read
as
follows:
21
12.
If
an
individual
who
is
the
subject
of
a
child
abuse
22
report
listed
in
subsection
2
,
paragraph
“a”
,
or
another
party
23
involved
in
an
assessment
under
section
232.71B
releases
24
in
a
public
forum
or
to
the
media
information
concerning
a
25
case
of
child
abuse
including
but
not
limited
to
child
abuse
26
information
which
would
otherwise
be
confidential,
the
director
27
of
human
services,
or
the
director’s
designee
,
may
respond
28
with
relevant
information
concerning
the
case
of
child
abuse
29
that
was
the
subject
of
the
release.
Prior
to
releasing
the
30
response,
the
director
or
the
director’s
designee
shall
consult
31
with
the
child’s
parent
or
guardian,
or
the
child’s
guardian
ad
32
litem,
and
apply
to
the
court
under
section
235A.24
requesting
33
a
review
of
the
information
proposed
for
release
and
an
order
34
authorizing
release
of
the
information.
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Sec.
709.
Section
235A.16,
subsection
3,
Code
2023,
is
1
amended
to
read
as
follows:
2
3.
Subsections
1
and
2
do
not
apply
to
child
abuse
3
information
that
is
disseminated
to
an
employee
of
the
4
department
of
human
services
,
to
a
juvenile
court,
or
to
the
5
attorney
representing
the
department
as
authorized
by
section
6
235A.15
.
7
Sec.
710.
Section
235A.17,
subsection
2,
Code
2023,
is
8
amended
to
read
as
follows:
9
2.
The
department
of
human
services
may
notify
orally
the
10
mandatory
reporter
in
an
individual
child
abuse
case
of
the
11
results
of
the
case
assessment
and
of
the
confidentiality
12
provisions
of
sections
235A.15
and
235A.21
.
The
department
13
shall
subsequently
transmit
a
written
notice
to
the
mandatory
14
reporter
of
the
results
and
confidentiality
provisions.
If
15
the
report
data
and
disposition
data
have
been
placed
in
the
16
registry
as
founded
child
abuse
pursuant
to
section
232.71D
,
a
17
copy
of
the
written
notice
shall
be
transmitted
to
the
registry
18
and
shall
be
maintained
by
the
registry
as
provided
in
section
19
235A.18
.
Otherwise,
a
copy
of
the
written
notice
shall
be
20
retained
by
the
department
with
the
case
file.
21
Sec.
711.
Section
235A.17,
subsection
3,
paragraph
b,
22
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
23
(1)
Department
of
human
services
information
described
in
24
section
217.30,
subsection
2
.
25
Sec.
712.
Section
235A.18,
subsection
3,
Code
2023,
is
26
amended
to
read
as
follows:
27
3.
The
department
of
human
services
shall
adopt
rules
28
establishing
the
period
of
time
child
abuse
information
which
29
is
not
maintained
in
the
central
registry
is
retained
by
the
30
department.
31
Sec.
713.
Section
235A.22,
Code
2023,
is
amended
to
read
as
32
follows:
33
235A.22
Education
program.
34
The
department
of
human
services
shall
require
an
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educational
program
for
employees
of
the
department
with
access
1
to
child
abuse
information
on
the
proper
use
and
control
of
2
child
abuse
information.
3
Sec.
714.
Section
235A.23,
subsection
1,
Code
2023,
is
4
amended
to
read
as
follows:
5
1.
The
department
of
human
services
may
compile
statistics,
6
conduct
research,
and
issue
reports
on
child
abuse,
provided
7
identifying
details
of
the
subject
of
child
abuse
reports
are
8
deleted
from
any
report
issued.
9
Sec.
715.
Section
235A.24,
subsection
1,
paragraph
b,
Code
10
2023,
is
amended
to
read
as
follows:
11
b.
The
director
of
human
services
or
the
director’s
12
designee
may
apply,
if
the
conditions
under
section
235A.15,
13
subsection
11
or
12
,
are
met,
to
the
court
requesting
a
14
review
of
confidential
information
proposed
for
release
and
an
15
order
authorizing
the
release
of
information.
A
release
of
16
information
that
would
otherwise
be
confidential
under
section
17
217.30
concerning
social
services
provided
to
the
child
or
18
the
child’s
family
shall
not
include
information
concerning
19
financial
or
medical
assistance
provided
to
the
child
or
the
20
child’s
family.
21
Sec.
716.
Section
235B.1,
subsection
4,
Code
2023,
is
22
amended
to
read
as
follows:
23
4.
a.
The
establishment
of
a
dependent
adult
protective
24
advisory
council.
The
advisory
council
shall
do
all
of
the
25
following:
26
(1)
Advise
the
director
of
human
services,
the
director
27
of
the
department
on
aging
,
the
director
of
inspections
and
28
appeals,
and
the
director
of
public
health,
the
director
of
the
29
department
of
corrections
,
and
the
director
of
human
rights
30
regarding
dependent
adult
abuse.
31
(2)
Evaluate
state
law
and
rules
and
make
recommendations
32
to
the
general
assembly
and
to
executive
branch
departments
33
regarding
laws
and
rules
concerning
dependent
adults.
34
(3)
Receive
and
review
recommendations
and
complaints
from
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the
public,
health
care
facilities,
and
health
care
programs
1
concerning
the
dependent
adult
abuse
services
program.
2
b.
(1)
The
advisory
council
shall
consist
of
twelve
3
members.
Eight
members
shall
be
appointed
by
and
serve
at
4
the
pleasure
of
the
governor.
Four
of
the
members
appointed
5
shall
be
appointed
on
the
basis
of
knowledge
and
skill
related
6
to
expertise
in
the
area
of
dependent
adult
abuse
including
7
professionals
practicing
in
the
disciplines
of
medicine,
public
8
health,
mental
health,
long-term
care,
social
work,
law,
9
and
law
enforcement.
Two
of
the
members
appointed
shall
be
10
members
of
the
general
public
with
an
interest
in
the
area
of
11
dependent
adult
abuse
and
two
of
the
members
appointed
shall
12
be
members
of
the
Iowa
caregivers
association.
In
addition,
13
the
membership
of
the
council
shall
include
the
director
or
the
14
director’s
designee
of
the
department
of
human
services,
the
15
department
on
aging,
the
Iowa
department
of
public
health,
and
16
the
department
of
inspections
and
appeals.
17
(2)
The
members
of
the
advisory
council
shall
be
appointed
18
to
terms
of
four
years
beginning
May
1.
Appointments
shall
19
comply
with
sections
69.16
and
69.16A
.
Vacancies
shall
be
20
filled
in
the
same
manner
as
the
original
appointment.
21
(3)
Members
shall
receive
actual
expenses
incurred
while
22
serving
in
their
official
capacity.
23
(4)
The
advisory
council
shall
select
a
chairperson,
24
annually,
from
its
membership.
25
Sec.
717.
Section
235B.2,
Code
2023,
is
amended
to
read
as
26
follows:
27
235B.2
Definitions.
28
As
used
in
this
chapter
,
unless
the
context
otherwise
29
requires:
30
1.
“Caretaker”
means
a
related
or
nonrelated
person
who
31
has
the
responsibility
for
the
protection,
care,
or
custody
of
32
a
dependent
adult
as
a
result
of
assuming
the
responsibility
33
voluntarily,
by
contract,
through
employment,
or
by
order
of
34
the
court.
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2.
“Court”
means
the
district
court.
1
3.
“Department”
means
the
department
of
health
and
human
2
services.
3
4.
“Dependent
adult”
means
a
person
eighteen
years
of
age
or
4
older
who
is
unable
to
protect
the
person’s
own
interests
or
5
unable
to
adequately
perform
or
obtain
services
necessary
to
6
meet
essential
human
needs,
as
a
result
of
a
physical
or
mental
7
condition
which
requires
assistance
from
another,
or
as
defined
8
by
departmental
rule.
9
5.
a.
“Dependent
adult
abuse”
means:
10
(1)
Any
of
the
following
as
a
result
of
the
willful
or
11
negligent
acts
or
omissions
of
a
caretaker:
12
(a)
Physical
injury
to,
or
injury
which
is
at
a
variance
13
with
the
history
given
of
the
injury,
or
unreasonable
14
confinement,
unreasonable
punishment,
or
assault
of
a
dependent
15
adult.
16
(b)
The
commission
of
a
sexual
offense
under
chapter
709
or
17
section
726.2
with
or
against
a
dependent
adult.
18
(c)
Exploitation
of
a
dependent
adult
which
means
the
act
19
or
process
of
taking
unfair
advantage
of
a
dependent
adult
20
or
the
adult’s
physical
or
financial
resources,
without
the
21
informed
consent
of
the
dependent
adult,
including
theft,
by
22
the
use
of
undue
influence,
harassment,
duress,
deception,
23
false
representation,
or
false
pretenses.
24
(d)
The
deprivation
of
the
minimum
food,
shelter,
clothing,
25
supervision,
physical
or
mental
health
care,
or
other
care
26
necessary
to
maintain
a
dependent
adult’s
life
or
health.
27
(2)
The
deprivation
of
the
minimum
food,
shelter,
clothing,
28
supervision,
physical
or
mental
health
care,
and
other
care
29
necessary
to
maintain
a
dependent
adult’s
life
or
health
as
a
30
result
of
the
acts
or
omissions
of
the
dependent
adult.
31
(3)
(a)
Sexual
exploitation
of
a
dependent
adult
by
a
32
caretaker.
33
(b)
“Sexual
exploitation”
means
any
consensual
or
34
nonconsensual
sexual
conduct
with
a
dependent
adult
which
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includes
but
is
not
limited
to
kissing;
touching
of
the
clothed
1
or
unclothed
inner
thigh,
breast,
groin,
buttock,
anus,
pubes,
2
or
genitals;
or
a
sex
act,
as
defined
in
section
702.17
.
3
“Sexual
exploitation”
includes
the
transmission,
display,
taking
4
of
electronic
images
of
the
unclothed
breast,
groin,
buttock,
5
anus,
pubes,
or
genitals
of
a
dependent
adult
by
a
caretaker
6
for
a
purpose
not
related
to
treatment
or
diagnosis
or
as
7
part
of
an
ongoing
assessment,
evaluation,
or
investigation.
8
Sexual
exploitation
does
not
include
touching
which
is
part
9
of
a
necessary
examination,
treatment,
or
care
by
a
caretaker
10
acting
within
the
scope
of
the
practice
or
employment
of
the
11
caretaker;
the
exchange
of
a
brief
touch
or
hug
between
the
12
dependent
adult
and
a
caretaker
for
the
purpose
of
reassurance,
13
comfort,
or
casual
friendship;
or
touching
between
spouses.
14
(4)
(a)
Personal
degradation
of
a
dependent
adult
by
a
15
caretaker.
16
(b)
(i)
“Personal
degradation”
means
a
willful
act
or
17
statement
by
a
caretaker
intended
to
shame,
degrade,
humiliate,
18
or
otherwise
harm
the
personal
dignity
of
a
dependent
adult,
or
19
where
the
caretaker
knew
or
reasonably
should
have
known
the
20
act
or
statement
would
cause
shame,
degradation,
humiliation,
21
or
harm
to
the
personal
dignity
of
a
reasonable
person.
22
“Personal
degradation”
includes
the
taking,
transmission,
23
or
display
of
an
electronic
image
of
a
dependent
adult
by
a
24
caretaker,
where
the
caretaker’s
actions
constitute
a
willful
25
act
or
statement
intended
to
shame,
degrade,
humiliate,
or
26
otherwise
harm
the
personal
dignity
of
the
dependent
adult,
or
27
where
the
caretaker
knew
or
reasonably
should
have
known
the
28
act
would
cause
shame,
degradation,
humiliation,
or
harm
to
the
29
personal
dignity
of
a
reasonable
person.
30
(ii)
“Personal
degradation”
does
not
include
any
of
the
31
following:
32
(A)
The
taking,
transmission,
or
display
of
an
electronic
33
image
of
a
dependent
adult
for
the
purpose
of
reporting
34
dependent
adult
abuse
to
law
enforcement,
the
department,
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or
any
other
regulatory
agency
that
oversees
caretakers
or
1
enforces
abuse
or
neglect
provisions,
or
for
the
purpose
of
2
treatment
or
diagnosis
or
as
part
of
an
ongoing
investigation.
3
(B)
The
taking,
transmission,
or
display
of
an
electronic
4
image
by
a
caretaker
who
takes,
transmits,
or
displays
the
5
electronic
image
in
accordance
with
the
confidentiality
policy
6
and
release
of
information
or
consent
policies
of
a
contractor,
7
employer,
or
facility
or
program
not
covered
under
section
8
235E.1,
subsection
5
,
paragraph
“a”
,
subparagraph
(3).
9
(C)
A
statement
by
a
caretaker
who
is
the
spouse
of
a
10
dependent
adult
that
is
not
intended
to
shame,
degrade,
11
humiliate,
or
otherwise
harm
the
personal
dignity
of
the
12
dependent
adult
spouse.
13
b.
“Dependent
adult
abuse”
does
not
include
any
of
the
14
following:
15
(1)
Circumstances
in
which
the
dependent
adult
declines
16
medical
treatment
if
the
dependent
adult
holds
a
belief
or
is
17
an
adherent
of
a
religion
whose
tenets
and
practices
call
for
18
reliance
on
spiritual
means
in
place
of
reliance
on
medical
19
treatment.
20
(2)
Circumstances
in
which
the
dependent
adult’s
caretaker,
21
acting
in
accordance
with
the
dependent
adult’s
stated
or
22
implied
consent,
declines
medical
treatment
if
the
dependent
23
adult
holds
a
belief
or
is
an
adherent
of
a
religion
whose
24
tenets
and
practices
call
for
reliance
on
spiritual
means
in
25
place
of
reliance
on
medical
treatment.
26
(3)
The
withholding
or
withdrawing
of
health
care
from
27
a
dependent
adult
who
is
terminally
ill
in
the
opinion
of
a
28
licensed
physician,
when
the
withholding
or
withdrawing
of
29
health
care
is
done
at
the
request
of
the
dependent
adult
or
at
30
the
request
of
the
dependent
adult’s
next
of
kin,
attorney
in
31
fact,
or
guardian
pursuant
to
the
applicable
procedures
under
32
chapter
125
,
144A
,
144B
,
222
,
229
,
or
633
.
33
6.
“Director”
means
the
director
of
health
and
human
34
services.
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7.
“Emergency
shelter
services”
means
and
includes,
but
is
1
not
limited
to,
secure
crisis
shelters
or
housing
for
victims
2
of
dependent
adult
abuse.
3
7.
8.
“Family
or
household
member”
means
a
spouse,
a
person
4
cohabiting
with
the
dependent
adult,
a
parent,
or
a
person
5
related
to
the
dependent
adult
by
consanguinity
or
affinity,
6
but
does
not
include
children
of
the
dependent
adult
who
are
7
less
than
eighteen
years
of
age.
8
8.
9.
“Immediate
danger
to
health
or
safety”
means
a
9
situation
in
which
death
or
severe
bodily
injury
could
10
reasonably
be
expected
to
occur
without
intervention.
11
9.
10.
“Individual
employed
as
an
outreach
person”
means
a
12
natural
person
who,
in
the
course
of
employment,
makes
regular
13
contacts
with
dependent
adults
regarding
available
community
14
resources.
15
10.
11.
“Legal
holiday”
means
a
legal
public
holiday
as
16
defined
in
section
1C.1
.
17
11.
12.
“Person”
means
person
as
defined
in
section
4.1
.
18
12.
13.
“Recklessly”
means
that
a
person
acts
or
fails
to
19
act
with
respect
to
a
material
element
of
a
public
offense,
20
when
the
person
is
aware
of
and
consciously
disregards
a
21
substantial
and
unjustifiable
risk
that
the
material
element
22
exists
or
will
result
from
the
act
or
omission.
The
risk
must
23
be
of
such
a
nature
and
degree
that
disregard
of
the
risk
24
constitutes
a
gross
deviation
from
the
standard
conduct
that
a
25
reasonable
person
would
observe
in
the
situation.
26
13.
14.
“Serious
injury”
means
the
same
as
defined
in
27
section
702.18
.
28
14.
15.
“Support
services”
includes
but
is
not
limited
29
to
community-based
services
including
area
agency
on
aging
30
assistance,
mental
health
services,
fiscal
management,
home
31
health
services,
housing-related
services,
counseling
services,
32
transportation
services,
adult
day
services,
respite
services,
33
legal
services,
and
advocacy
services.
34
Sec.
718.
Section
235B.3,
Code
2023,
is
amended
to
read
as
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follows:
1
235B.3
Dependent
adult
abuse
reports.
2
1.
a.
(1)
The
department
shall
receive
dependent
adult
3
abuse
reports
and
shall
collect,
maintain,
and
disseminate
the
4
reports
by
establishing
a
central
registry
for
dependent
adult
5
abuse
information.
The
department
shall
evaluate
the
reports
6
expeditiously.
7
(2)
However,
the
department
of
inspections
and
appeals
8
is
solely
responsible
for
the
evaluation
and
disposition
of
9
dependent
adult
abuse
cases
within
facilities
and
programs
10
pursuant
to
chapter
235E
and
shall
inform
the
department
of
11
human
services
of
such
evaluations
and
dispositions
pursuant
12
to
section
235E.2
.
13
(3)
If,
in
the
course
of
an
assessment
or
evaluation
14
of
a
report
of
dependent
adult
abuse,
the
department
of
15
human
services
or
the
department
of
inspections
and
appeals
16
determines
the
case
involves
wages,
workplace
safety,
or
other
17
labor
and
employment
matters
under
the
jurisdiction
of
the
18
division
of
labor
services
of
the
department
of
workforce
19
development,
the
relevant
portions
of
the
case
shall
be
20
referred
to
the
division.
21
(4)
If,
in
the
course
of
an
assessment
or
evaluation
22
of
a
report
of
dependent
adult
abuse,
the
department
of
23
human
services
or
the
department
of
inspections
and
appeals
24
determines
that
the
case
involves
discrimination
under
the
25
jurisdiction
of
the
civil
rights
commission,
the
relevant
26
portions
of
the
case
shall
be
referred
to
the
commission.
27
b.
Reports
of
dependent
adult
abuse
which
is
the
result
28
of
the
acts
or
omissions
of
the
dependent
adult
shall
be
29
collected
and
maintained
in
the
files
of
the
dependent
adult
30
as
assessments
only
and
shall
not
be
included
in
the
central
31
registry.
32
c.
A
report
of
dependent
adult
abuse
that
meets
the
33
definition
of
dependent
adult
abuse
under
section
235B.2,
34
subsection
5
,
paragraph
“a”
,
subparagraph
(1),
subparagraph
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division
(a)
or
(d),
or
section
235B.2,
subsection
5
,
paragraph
1
“a”
,
subparagraph
(4),
which
the
department
determines
is
2
minor,
isolated,
and
unlikely
to
reoccur
shall
be
collected
3
and
maintained
by
the
department
as
an
assessment
only
for
4
a
five-year
period
and
shall
not
be
included
in
the
central
5
registry
and
shall
not
be
considered
to
be
founded
dependent
6
adult
abuse.
However,
a
subsequent
report
of
dependent
adult
7
abuse
that
meets
the
definition
of
dependent
adult
abuse
under
8
section
235B.2,
subsection
5
,
paragraph
“a”
,
subparagraph
9
(1),
subparagraph
division
(a)
or
(d),
or
section
235B.2,
10
subsection
5
,
paragraph
“a”
,
subparagraph
(4),
that
occurs
11
within
the
five-year
period
and
that
is
committed
by
the
12
caretaker
responsible
for
the
act
or
omission
which
was
the
13
subject
of
the
previous
report
of
dependent
adult
abuse
which
14
the
department
determined
was
minor,
isolated,
and
unlikely
to
15
reoccur
shall
not
be
considered
minor,
isolated,
and
unlikely
16
to
reoccur.
17
2.
A
person
who,
in
the
course
of
employment,
examines,
18
attends,
counsels,
or
treats
a
dependent
adult
and
reasonably
19
believes
the
dependent
adult
has
suffered
abuse,
shall
report
20
the
suspected
dependent
adult
abuse
to
the
department.
Persons
21
required
to
report
include
all
of
the
following:
22
a.
A
member
of
the
staff
of
a
community
mental
health
23
center.
24
b.
A
peace
officer.
25
c.
An
in-home
homemaker-home
health
aide.
26
d.
An
individual
employed
as
an
outreach
person.
27
e.
A
health
practitioner,
as
defined
in
section
232.68
.
28
f.
A
member
of
the
staff
or
an
employee
of
a
supported
29
community
living
service,
sheltered
workshop,
or
work
activity
30
center.
31
g.
A
social
worker.
32
h.
A
certified
psychologist.
33
i.
A
massage
therapist
licensed
pursuant
to
chapter
152C
.
34
3.
a.
If
a
staff
member
or
employee
is
required
to
report
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pursuant
to
this
section
,
the
person
shall
immediately
notify
1
the
department
and
shall
also
immediately
notify
the
person
in
2
charge
or
the
person’s
designated
agent.
3
b.
The
employer
or
supervisor
of
a
person
who
is
required
to
4
or
may
make
a
report
pursuant
to
this
section
shall
not
apply
a
5
policy,
work
rule,
or
other
requirement
that
interferes
with
6
the
person
making
a
report
of
dependent
adult
abuse
or
that
7
results
in
the
failure
of
another
person
to
make
the
report.
8
4.
An
employee
of
a
financial
institution
may
report
9
suspected
financial
exploitation
of
a
dependent
adult
to
the
10
department.
11
5.
Any
other
person
who
believes
that
a
dependent
adult
has
12
suffered
abuse
may
report
the
suspected
abuse
to
the
department
13
of
human
services
.
14
6.
Following
the
reporting
of
suspected
dependent
adult
15
abuse,
the
department
of
human
services
or
an
agency
approved
16
by
the
department
shall
complete
an
assessment
of
necessary
17
services
and
shall
make
appropriate
referrals
for
receipt
of
18
these
services.
The
assessment
shall
include
interviews
with
19
the
dependent
adult,
and,
if
appropriate,
with
the
alleged
20
perpetrator
of
the
dependent
adult
abuse
and
with
any
person
21
believed
to
have
knowledge
of
the
circumstances
of
the
case.
22
The
department
may
provide
necessary
protective
services
and
23
may
establish
a
sliding
fee
schedule
for
those
persons
able
to
24
pay
a
portion
of
the
protective
services.
25
7.
Upon
a
showing
of
probable
cause
that
a
dependent
26
adult
has
been
abused,
a
court
may
authorize
a
person,
also
27
authorized
by
the
department,
to
make
an
evaluation,
to
enter
28
the
residence
of,
and
to
examine
the
dependent
adult.
Upon
29
a
showing
of
probable
cause
that
a
dependent
adult
has
been
30
financially
exploited,
a
court
may
authorize
a
person,
also
31
authorized
by
the
department,
to
make
an
evaluation,
and
to
32
gain
access
to
the
financial
records
of
the
dependent
adult.
33
8.
If
the
department
determines
that
disclosure
is
34
necessary
for
the
protection
of
a
dependent
adult,
the
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department
may
disclose
to
a
subject
of
a
dependent
adult
abuse
1
report
referred
to
in
section
235B.6,
subsection
2
,
paragraph
2
“a”
,
that
an
individual
is
listed
in
the
child
or
dependent
3
adult
abuse
registry
or
is
required
to
register
with
the
sex
4
offender
registry
in
accordance
with
chapter
692A
.
5
9.
If,
in
the
course
of
assessment,
evaluation,
or
6
investigation
of
a
report
of
dependent
adult
abuse,
the
7
department
determines
that
disclosure
is
necessary
for
the
8
protection
of
a
dependent
adult’s
resources,
the
department
9
may
disclose
the
initiation
and
status
of
the
dependent
10
adult
abuse
evaluation
to
the
dependent
adult’s
bank,
savings
11
association,
credit
union,
broker-dealer
as
defined
in
section
12
502.102,
subsection
4
,
investment
advisor
as
defined
in
section
13
502.102,
subsection
15
,
financial
advisor,
or
other
financial
14
institution,
or
the
administrator
as
defined
in
section
15
502.102,
subsection
1
.
16
10.
The
department
shall
inform
the
appropriate
county
17
attorneys
of
any
reports
of
dependent
adult
abuse.
The
18
department
may
request
information
from
any
person
believed
19
to
have
knowledge
of
a
case
of
dependent
adult
abuse.
The
20
person,
including
but
not
limited
to
a
county
attorney,
a
law
21
enforcement
agency,
a
multidisciplinary
team,
a
social
services
22
agency
in
the
state,
or
any
person
who
is
required
pursuant
23
to
subsection
2
to
report
dependent
adult
abuse,
whether
or
24
not
the
person
made
the
specific
dependent
adult
abuse
report,
25
shall
cooperate
and
assist
in
the
evaluation
upon
the
request
26
of
the
department.
If
the
department’s
assessment
reveals
27
that
dependent
adult
abuse
exists
which
might
constitute
a
28
criminal
offense,
a
report
shall
be
made
to
the
appropriate
29
law
enforcement
agency.
County
attorneys
and
appropriate
law
30
enforcement
agencies
shall
also
take
any
other
lawful
action
31
necessary
or
advisable
for
the
protection
of
the
dependent
32
adult.
33
a.
If,
upon
completion
of
the
evaluation
or
upon
referral
34
from
the
department
of
inspections
and
appeals,
the
department
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determines
that
the
best
interests
of
the
dependent
adult
1
require
court
action,
the
department
shall
initiate
action
for
2
the
appointment
of
a
guardian
or
conservator
or
for
admission
3
or
commitment
to
an
appropriate
institution
or
facility
4
pursuant
to
the
applicable
procedures
under
chapter
125
,
222
,
5
229
,
or
633
,
or
shall
pursue
other
remedies
provided
by
law.
6
The
appropriate
county
attorney
shall
assist
the
department
in
7
the
preparation
of
the
necessary
papers
to
initiate
the
action
8
and
shall
appear
and
represent
the
department
at
all
district
9
court
proceedings.
10
b.
The
department
shall
assist
the
court
during
all
stages
11
of
court
proceedings
involving
a
suspected
case
of
dependent
12
adult
abuse.
13
c.
In
every
case
involving
abuse
which
is
substantiated
14
by
the
department
and
which
results
in
a
judicial
proceeding
15
on
behalf
of
the
dependent
adult,
legal
counsel
shall
be
16
appointed
by
the
court
to
represent
the
dependent
adult
in
17
the
proceedings.
The
court
may
also
appoint
a
guardian
ad
18
litem
to
represent
the
dependent
adult
if
necessary
to
protect
19
the
dependent
adult’s
best
interests.
The
same
attorney
may
20
be
appointed
to
serve
both
as
legal
counsel
and
as
guardian
21
ad
litem.
Before
legal
counsel
or
a
guardian
ad
litem
is
22
appointed
pursuant
to
this
section
,
the
court
shall
require
23
the
dependent
adult
and
any
person
legally
responsible
for
24
the
support
of
the
dependent
adult
to
complete
under
oath
25
a
detailed
financial
statement.
If,
on
the
basis
of
that
26
financial
statement,
the
court
deems
that
the
dependent
adult
27
or
the
legally
responsible
person
is
able
to
bear
all
or
a
28
portion
of
the
cost
of
the
legal
counsel
or
guardian
ad
litem,
29
the
court
shall
so
order.
In
cases
where
the
dependent
adult
30
or
the
legally
responsible
person
is
unable
to
bear
the
cost
31
of
the
legal
counsel
or
guardian
ad
litem,
the
expense
shall
32
be
paid
by
the
county.
33
11.
A
person
participating
in
good
faith
in
reporting
or
34
cooperating
with
or
assisting
the
department
in
evaluating
a
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case
of
dependent
adult
abuse
has
immunity
from
liability,
1
civil
or
criminal,
which
might
otherwise
be
incurred
or
2
imposed
based
upon
the
act
of
making
the
report
or
giving
the
3
assistance.
The
person
has
the
same
immunity
with
respect
to
4
participating
in
good
faith
in
a
judicial
proceeding
resulting
5
from
the
report
or
cooperation
or
assistance
or
relating
to
the
6
subject
matter
of
the
report,
cooperation,
or
assistance.
7
12.
It
shall
be
unlawful
for
any
person
or
employer
8
to
discharge,
suspend,
or
otherwise
discipline
a
person
9
required
to
report
or
voluntarily
reporting
an
instance
of
10
suspected
dependent
adult
abuse
pursuant
to
subsection
2
or
11
5
,
or
cooperating
with,
or
assisting
the
department
of
human
12
services
in
evaluating
a
case
of
dependent
adult
abuse,
or
13
participating
in
judicial
proceedings
relating
to
the
reporting
14
or
cooperation
or
assistance
based
solely
upon
the
person’s
15
reporting
or
assistance
relative
to
the
instance
of
dependent
16
adult
abuse.
A
person
or
employer
found
in
violation
of
this
17
subsection
is
guilty
of
a
simple
misdemeanor.
18
13.
A
person
required
by
this
section
to
report
a
suspected
19
case
of
dependent
adult
abuse
who
knowingly
and
willfully
fails
20
to
do
so
commits
a
simple
misdemeanor.
A
person
required
by
21
this
section
to
report
a
suspected
case
of
dependent
adult
22
abuse
who
knowingly
fails
to
do
so
or
who
knowingly,
in
23
violation
of
subsection
3
,
interferes
with
the
making
of
such
a
24
report
or
applies
a
requirement
that
results
in
such
a
failure
25
is
civilly
liable
for
the
damages
proximately
caused
by
the
26
failure.
27
14.
The
department
of
inspections
and
appeals
shall
adopt
28
rules
which
require
facilities
or
programs
to
separate
an
29
alleged
dependent
adult
abuser
from
a
victim
following
an
30
allegation
of
perpetration
of
abuse
and
prior
to
the
completion
31
of
an
investigation
of
the
allegation.
32
Sec.
719.
Section
235B.5,
Code
2023,
is
amended
to
read
as
33
follows:
34
235B.5
Creation
and
maintenance
of
a
central
registry.
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1.
There
is
created
within
the
department
a
central
registry
1
for
dependent
adult
abuse
information.
The
department
shall
2
organize
and
staff
the
registry
and
adopt
rules
for
its
3
operation.
4
2.
The
registry
shall
collect,
maintain,
and
disseminate
5
dependent
adult
abuse
information
as
provided
in
this
chapter
.
6
3.
The
department
shall
maintain
a
toll-free
telephone
7
line,
which
shall
be
available
on
a
twenty-four-hour-a-day,
8
seven-day-a-week
basis
and
which
the
department
and
all
other
9
persons
may
use
to
report
cases
of
suspected
dependent
adult
10
abuse
and
that
all
persons
authorized
by
this
chapter
may
use
11
for
obtaining
dependent
adult
abuse
information.
12
4.
An
oral
report
of
suspected
dependent
adult
abuse
13
initially
made
to
the
central
registry
shall
be
immediately
14
transmitted
by
the
department
to
the
appropriate
county
15
department
of
human
services
or
law
enforcement
agency,
or
16
both.
17
5.
An
oral
report
of
suspected
dependent
adult
abuse
18
initially
made
to
the
central
registry
regarding
a
facility
or
19
program
as
defined
in
section
235E.1
shall
be
transmitted
by
20
the
department
to
the
department
of
inspections
and
appeals
on
21
the
first
working
day
following
the
submitting
of
the
report.
22
6.
The
registry,
upon
receipt
of
a
report
of
suspected
23
dependent
adult
abuse,
shall
search
the
records
of
the
24
registry,
and
if
the
records
of
the
registry
reveal
any
25
previous
report
of
dependent
adult
abuse
involving
the
same
26
adult
or
if
the
records
reveal
any
other
pertinent
information
27
with
respect
to
the
same
adult,
the
appropriate
office
of
the
28
department
of
human
services
or
the
appropriate
law
enforcement
29
agency
shall
be
immediately
notified
of
that
fact.
30
7.
The
central
registry
shall
include
but
not
be
limited
to
31
report
data,
investigation
data,
and
disposition
data.
32
Sec.
720.
Section
235B.6,
Code
2023,
is
amended
to
read
as
33
follows:
34
235B.6
Authorized
access.
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1.
Notwithstanding
chapter
22
,
the
confidentiality
of
all
1
dependent
adult
abuse
information
shall
be
maintained,
except
2
as
specifically
provided
by
subsections
2
and
3
.
3
2.
Access
to
dependent
adult
abuse
information
other
than
4
unfounded
dependent
adult
abuse
information
is
authorized
only
5
to
the
following
persons:
6
a.
A
subject
of
a
report
including
all
of
the
following:
7
(1)
To
an
adult
named
in
a
report
as
a
victim
of
abuse
or
to
8
the
adult’s
attorney
or
guardian
ad
litem.
9
(2)
To
a
guardian
or
legal
custodian,
or
that
person’s
10
attorney,
of
an
adult
named
in
a
report
as
a
victim
of
abuse.
11
(3)
To
the
person
or
the
attorney
for
the
person
named
in
a
12
report
as
having
abused
an
adult.
13
b.
A
person
involved
in
an
investigation
of
dependent
adult
14
abuse
including
all
of
the
following:
15
(1)
A
health
practitioner
or
mental
health
professional
16
who
is
examining,
attending,
or
treating
an
adult
whom
such
17
practitioner
or
professional
believes
or
has
reason
to
believe
18
has
been
the
victim
of
abuse
or
to
a
health
practitioner
or
19
mental
health
professional
whose
consultation
with
respect
to
20
an
adult
believed
to
have
been
the
victim
of
abuse
is
requested
21
by
the
department.
22
(2)
An
employee
or
agent
of
the
department
responsible
for
23
the
investigation
of
a
dependent
adult
abuse
report
or
for
the
24
purpose
of
performing
record
checks
as
required
under
section
25
135C.33
.
26
(3)
A
representative
of
the
department
involved
in
the
27
certification
or
accreditation
of
an
agency
or
program
28
providing
care
or
services
to
a
dependent
adult
believed
to
29
have
been
a
victim
of
abuse.
30
(4)
A
law
enforcement
officer
responsible
for
assisting
in
31
an
investigation
of
a
dependent
adult
abuse
allegation.
32
(5)
A
multidisciplinary
team,
if
the
department
of
human
33
services
approves
the
composition
of
the
multidisciplinary
team
34
and
determines
that
access
to
the
team
is
necessary
to
assist
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the
department
in
the
investigation,
diagnosis,
assessment,
and
1
disposition
of
a
case
of
dependent
adult
abuse.
2
(6)
The
mandatory
reporter
who
reported
the
dependent
adult
3
abuse
in
an
individual
case.
4
(7)
Each
board
specified
under
chapter
147
and
the
Iowa
5
department
of
public
health
for
the
purpose
of
licensure,
6
certification
or
registration,
disciplinary
investigation,
or
7
the
renewal
of
licensure,
certification
or
registration,
or
8
disciplinary
proceedings
of
health
care
professionals.
9
c.
A
person
providing
care
to
an
adult
including
all
of
the
10
following:
11
(1)
A
licensing
authority
for
a
facility,
including
a
12
facility
or
program
defined
in
section
235E.1
,
providing
care
13
to
an
adult
named
in
a
report.
14
(2)
A
person
authorized
as
responsible
for
the
care
or
15
supervision
of
an
adult
named
in
a
report
as
a
victim
of
abuse
16
or
a
person
named
in
a
report
as
having
abused
an
adult
if
17
the
court
or
registry
deems
access
to
dependent
adult
abuse
18
information
by
such
person
to
be
necessary.
19
(3)
An
employee
or
agent
of
the
department
responsible
20
for
registering
or
licensing
or
approving
the
registration
or
21
licensing
of
a
person,
or
to
an
individual
providing
care
to
an
22
adult
and
regulated
by
the
department.
23
(4)
The
legally
authorized
protection
and
advocacy
agency
24
recognized
pursuant
to
section
135C.2
if
a
person
identified
in
25
the
information
as
a
victim
or
a
perpetrator
of
abuse
resided
26
in
or
receives
services
from
a
facility,
including
a
facility
27
or
program
defined
in
section
235E.1
,
or
agency
because
the
28
person
is
diagnosed
as
having
a
developmental
disability
or
a
29
mental
illness.
30
(5)
To
an
administrator
of
an
agency
certified
by
the
31
department
of
human
services
to
provide
services
under
a
32
medical
assistance
home
and
community-based
services
waiver,
33
if
the
information
concerns
a
person
employed
by
or
being
34
considered
by
the
agency
for
employment.
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(6)
To
the
administrator
of
an
agency
providing
mental
1
health,
intellectual
disability,
or
developmental
disability
2
services
under
a
regional
service
system
management
plan
3
implemented
in
accordance
with
section
331.393
,
if
the
4
information
concerns
a
person
employed
by
or
being
considered
5
by
the
agency
for
employment.
6
(7)
To
an
administrator
of
a
hospital
licensed
under
chapter
7
135B
if
the
data
concerns
a
person
employed
or
being
considered
8
for
employment
by
the
hospital.
9
(8)
An
employee
of
an
agency
requested
by
the
department
10
to
provide
case
management
or
other
services
to
the
dependent
11
adult.
12
d.
Relating
to
judicial
and
administrative
proceedings,
13
persons
including
all
of
the
following:
14
(1)
A
court
upon
a
finding
that
information
is
necessary
15
for
the
resolution
of
an
issue
arising
in
any
phase
of
a
case
16
involving
dependent
adult
abuse.
17
(2)
A
court
or
agency
hearing
an
appeal
for
correction
18
of
dependent
adult
abuse
information
as
provided
in
section
19
235B.10
.
20
(3)
An
expert
witness
or
a
witness
who
testifies
at
any
21
stage
of
an
appeal
necessary
for
correction
of
dependent
adult
22
abuse
information
as
provided
in
section
235B.10
.
23
(4)
A
court
or
administrative
agency
making
a
determination
24
regarding
an
unemployment
compensation
claim
pursuant
to
25
section
96.6
.
26
(5)
To
a
juvenile
court
involved
in
an
adjudication
or
27
disposition
of
a
child
that
is
the
subject
of
a
guardianship
28
proceeding
under
chapter
232D
.
29
(6)
To
a
district
court
upon
a
finding
that
data
is
30
necessary
for
the
resolution
of
an
issue
arising
in
any
phase
31
of
a
case
involving
proceedings
for
a
child
guardianship
under
32
chapter
232D
.
33
e.
Other
persons
including
all
of
the
following:
34
(1)
A
person
conducting
bona
fide
research
on
dependent
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adult
abuse,
but
without
information
identifying
individuals
1
named
in
a
dependent
adult
abuse
report,
unless
having
that
2
information
open
to
review
is
essential
to
the
research
or
3
evaluation
and
the
authorized
registry
officials
give
prior
4
written
approval
and
the
adult,
the
adult’s
guardian
or
5
guardian
ad
litem,
and
the
person
named
in
a
report
as
having
6
abused
an
adult
give
permission
to
release
the
information.
7
(2)
Registry
or
department
personnel
when
necessary
to
the
8
performance
of
their
official
duties
or
a
person
or
agency
9
under
contract
with
the
department
to
carry
out
official
duties
10
and
functions
of
the
registry.
11
(3)
The
department
of
justice
for
the
sole
purpose
of
the
12
filing
of
a
claim
for
reparation
pursuant
to
sections
915.21
13
and
915.84
.
14
(4)
A
legally
constituted
adult
protection
agency
of
15
another
state
which
is
investigating
or
treating
an
adult
named
16
in
a
report
as
having
been
abused.
17
(5)
The
office
of
the
attorney
general.
18
(6)
A
health
care
facility
administrator
or
the
19
administrator’s
designee,
following
the
appeals
process,
for
20
the
purpose
of
hiring
staff
or
continued
employment
of
staff.
21
(7)
To
the
administrator
of
an
agency
providing
care
to
a
22
dependent
adult
in
another
state,
for
the
purpose
of
performing
23
an
employment
background
check.
24
(8)
To
the
superintendent,
or
the
superintendent’s
25
designee,
of
a
school
district
or
to
the
authorities
in
charge
26
of
an
accredited
nonpublic
school
for
purposes
of
a
volunteer
27
or
employment
record
check.
28
(9)
The
department
of
inspections
and
appeals
for
purposes
29
of
record
checks
of
applicants
for
employment
with
the
30
department
of
inspections
and
appeals.
31
(10)
The
state
or
a
local
long-term
care
ombudsman
if
the
32
victim
resides
in
or
the
alleged
perpetrator
is
an
employee
of
33
a
long-term
care
facility
as
defined
in
section
231.4
.
34
(11)
The
state
office
or
local
office
of
public
guardian
as
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defined
in
section
231E.3
,
if
the
information
relates
to
the
1
provision
of
legal
services
for
a
client
served
by
the
state
or
2
local
office
of
public
guardian.
3
(12)
A
nursing
program
that
is
approved
by
the
state
board
4
of
nursing
under
section
152.5
,
if
the
information
relates
to
a
5
record
check
performed
pursuant
to
section
152.5A
.
6
(13)
To
the
board
of
educational
examiners
created
under
7
chapter
272
for
purposes
of
determining
whether
a
license,
8
certificate,
or
authorization
should
be
issued,
denied,
or
9
revoked.
10
(14)
The
department
on
aging
for
the
purposes
of
conducting
11
background
checks
of
applicants
for
employment
with
the
12
department
on
aging
.
13
(15)
To
the
Iowa
veterans
home
for
purposes
of
record
checks
14
of
potential
volunteers
and
volunteers
in
the
Iowa
veterans
15
home.
16
(16)
To
the
administrator
of
a
certified
nurse
aide
program,
17
if
the
data
relates
to
a
record
check
of
a
student
of
the
18
program
performed
pursuant
to
section
135C.33
.
19
(17)
To
the
administrator
of
a
juvenile
detention
or
shelter
20
care
home,
if
the
data
relates
to
a
record
check
of
an
existing
21
or
prospective
employee,
resident,
or
volunteer
for
or
in
the
22
home.
23
(18)
To
the
employer
or
prospective
employer
of
a
school
bus
24
driver
for
purposes
of
an
employment
record
check.
25
(19)
To
a
free
clinic
as
defined
in
section
135.24A
for
26
purposes
of
record
checks
of
potential
volunteers
and
existing
27
volunteers
at
the
free
clinic.
28
(20)
To
a
bank,
savings
association,
credit
union,
29
broker-dealer
as
defined
in
section
502.102,
subsection
4
,
30
investment
advisor
as
defined
in
section
502.102,
subsection
31
15
,
financial
advisor,
or
other
financial
institution
as
deemed
32
necessary
by
the
department
to
protect
the
dependent
adult’s
33
resources.
34
(21)
To
the
social
security
administration.
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(22)
To
the
administrator
as
defined
in
section
502.102,
1
subsection
1
.
2
f.
To
a
person
who
submits
written
authorization
from
3
an
individual
allowing
the
person
access
to
information
on
4
the
determination
only
on
whether
or
not
the
individual
who
5
authorized
the
access
is
named
in
a
founded
dependent
adult
6
abuse
report
as
having
abused
a
dependent
adult.
7
3.
Access
to
unfounded
dependent
adult
abuse
information
is
8
authorized
only
to
those
persons
identified
in
subsection
2
,
9
paragraph
“a”
,
paragraph
“b”
,
subparagraphs
(2),
(5),
and
(6),
10
and
paragraph
“e”
,
subparagraphs
(2),
(5),
(10),
(20),
(21),
and
11
(22).
12
Sec.
721.
Section
235B.16,
Code
2023,
is
amended
to
read
as
13
follows:
14
235B.16
Information,
education,
and
training
requirements.
15
1.
The
department
on
aging,
in
cooperation
with
the
16
department,
shall
conduct
a
public
information
and
education
17
program.
The
elements
and
goals
of
the
program
include
but
are
18
not
limited
to:
19
a.
Informing
the
public
regarding
the
laws
governing
20
dependent
adult
abuse
and
the
reporting
requirements
for
21
dependent
adult
abuse.
22
b.
Providing
caretakers
with
information
regarding
services
23
to
alleviate
the
emotional,
psychological,
physical,
or
24
financial
stress
associated
with
the
caretaker
and
dependent
25
adult
relationship.
26
c.
Affecting
public
attitudes
regarding
the
role
of
a
27
dependent
adult
in
society.
28
2.
The
department,
in
cooperation
with
the
department
on
29
aging
and
the
department
of
inspections
and
appeals,
shall
30
institute
a
program
of
education
and
training
for
persons,
31
including
members
of
provider
groups
and
family
members,
who
32
may
come
in
contact
with
dependent
adult
abuse.
The
program
33
shall
include
but
is
not
limited
to
instruction
regarding
34
recognition
of
dependent
adult
abuse
and
the
procedure
for
the
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reporting
of
suspected
abuse.
1
3.
The
content
of
the
continuing
education
required
2
pursuant
to
chapter
272C
for
a
licensed
professional
providing
3
care
or
service
to
a
dependent
adult
shall
include,
but
is
4
not
limited
to,
the
responsibilities,
obligations,
powers,
5
and
duties
of
a
person
regarding
the
reporting
of
suspected
6
dependent
adult
abuse,
and
training
to
aid
the
professional
in
7
identifying
instances
of
dependent
adult
abuse.
8
4.
The
department
of
inspections
and
appeals
shall
provide
9
training
to
investigators
regarding
the
collection
and
10
preservation
of
evidence
in
the
case
of
suspected
dependent
11
adult
abuse.
12
5.
a.
For
the
purposes
of
this
subsection
,
“licensing
13
board”
means
a
board
designated
in
section
147.13
,
the
board
of
14
educational
examiners
created
in
section
272.2
,
or
a
licensing
15
board
as
defined
in
section
272C.1
.
16
b.
A
person
required
to
report
cases
of
dependent
adult
17
abuse
pursuant
to
sections
235B.3
and
235E.2
,
other
than
a
18
physician
whose
professional
practice
does
not
regularly
19
involve
providing
primary
health
care
to
adults,
shall
20
complete
two
hours
of
training
relating
to
the
identification
21
and
reporting
of
dependent
adult
abuse
within
six
months
of
22
initial
employment
or
self-employment
which
involves
the
23
examination,
attending,
counseling,
or
treatment
of
adults
24
on
a
regular
basis.
Within
one
month
of
initial
employment
25
or
self-employment,
the
person
shall
obtain
a
statement
of
26
the
abuse
reporting
requirements
from
the
person’s
employer
27
or,
if
self-employed,
from
the
department.
The
person
shall
28
complete
at
least
two
hours
of
additional
dependent
adult
abuse
29
identification
and
reporting
training
every
three
years.
If
30
the
person
completes
at
least
one
hour
of
additional
dependent
31
adult
abuse
identification
and
reporting
training
prior
to
the
32
three-year
expiration
period,
the
person
shall
be
deemed
in
33
compliance
with
the
training
requirements
of
this
section
for
34
an
additional
three
years.
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c.
The
core
training
curriculum
relating
to
the
1
identification
and
reporting
of
dependent
adult
abuse,
as
2
provided
in
paragraph
“b”
,
shall
be
developed
by
the
department
3
pursuant
to
subsection
2
and
provided
by
the
department.
4
d.
An
employer
of
a
person
required
to
report
cases
5
of
dependent
adult
abuse
pursuant
to
sections
235B.3
and
6
235E.2
may
provide
supplemental
training,
specific
to
the
7
identification
and
reporting
of
dependent
adult
abuse
as
it
8
relates
to
the
person’s
professional
practice,
in
addition
to
9
the
core
training
provided
by
the
department.
10
e.
A
licensing
board
with
authority
over
the
license
of
11
a
person
required
to
report
cases
of
dependent
adult
abuse
12
pursuant
to
sections
235B.3
and
235E.2
shall
require
as
a
13
condition
of
licensure
that
the
person
is
in
compliance
with
14
the
requirements
for
abuse
training
under
this
subsection
.
15
The
licensing
board
shall
require
the
person
upon
licensure
16
renewal
to
accurately
document
for
the
licensing
board
the
17
person’s
completion
of
the
training
requirements.
However,
18
the
licensing
board
may
adopt
rules
providing
for
waiver
or
19
suspension
of
the
compliance
requirements,
if
the
waiver
or
20
suspension
is
in
the
public
interest,
applicable
to
a
person
21
who
is
engaged
in
active
duty
in
the
military
service
of
this
22
state
or
of
the
United
States,
to
a
person
for
whom
compliance
23
with
the
training
requirements
would
impose
a
significant
24
hardship,
or
to
a
person
who
is
practicing
a
licensed
25
profession
outside
this
state
or
is
otherwise
subject
to
26
circumstances
that
would
preclude
the
person
from
encountering
27
dependent
adult
abuse
in
this
state.
28
f.
For
persons
required
to
report
cases
of
dependent
29
adult
abuse
pursuant
to
sections
235B.3
and
235E.2
,
who
are
30
not
engaged
in
a
licensed
profession
that
is
subject
to
the
31
authority
of
a
licensing
board
but
are
employed
by
a
facility
32
or
program
subject
to
licensure,
registration,
or
approval
by
a
33
state
agency,
the
agency
shall
require
as
a
condition
of
the
34
renewal
of
the
facility’s
or
program’s
licensure,
registration,
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or
approval,
that
such
persons
employed
by
the
facility
or
1
program
are
in
compliance
with
the
training
requirements
of
2
this
subsection
.
3
g.
For
peace
officers,
the
elected
or
appointed
official
4
designated
as
the
head
of
the
agency
employing
the
peace
5
officer
shall
ensure
compliance
with
the
training
requirements
6
of
this
subsection
.
7
h.
For
persons
required
to
report
cases
of
dependent
adult
8
abuse
pursuant
to
sections
235B.3
and
235E.2
who
are
employees
9
of
state
departments
and
political
subdivisions
of
the
state,
10
the
department
director
or
the
chief
administrator
of
the
11
political
subdivision
shall
ensure
the
persons’
compliance
with
12
the
training
requirements
of
this
subsection
.
13
6.
The
department
shall
require
an
educational
program
for
14
employees
of
the
registry
on
the
proper
use
and
control
of
15
dependent
adult
abuse
information.
16
Sec.
722.
Section
235B.16A,
Code
2023,
is
amended
to
read
17
as
follows:
18
235B.16A
Dependent
adults
——
dependency
assessments
——
19
interagency
training.
20
1.
The
dependent
adult
protective
advisory
council
21
established
pursuant
to
section
235B.1
shall
recommend
a
22
uniform
assessment
instrument
and
process
for
adoption
and
use
23
by
the
department
of
human
services
and
other
agencies
involved
24
with
assessing
a
dependent
adult’s
degree
of
dependency
25
and
determining
whether
dependent
adult
abuse
has
occurred.
26
However,
this
section
shall
not
apply
to
dependent
adult
abuse
27
assessments
and
determinations
made
under
chapter
235E
.
28
2.
The
instrument
and
process
design
under
subsection
1
29
shall
address
but
is
not
limited
to
all
of
the
following:
30
a.
Evaluation
of
conformity
with
applicable
federal
law
and
31
regulations
on
the
part
of
the
persons
employing,
housing,
or
32
providing
services
to
the
dependent
adult.
33
b.
Provision
for
the
final
step
in
the
dependency
assessment
34
of
a
dependent
adult
to
be
a
formal
assessment
of
the
existence
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of
risk
to
the
health
or
safety
of
the
individual
or
of
the
1
degree
of
the
individual’s
impairment
in
ability
under
the
2
definition
of
dependent
adult
in
section
235B.2
.
3
c.
If
the
assessment
under
paragraph
“b”
determines
that
a
4
risk
to
the
health
or
safety
of
the
individual
exists
or
the
5
individual
has
a
significant
impairment
in
ability,
and
the
6
individual
being
assessed
agrees,
provision
for
a
case
manager
7
to
be
assigned
to
assist
in
preparing
and
implementing
a
safety
8
plan
which
includes
protective
services
for
the
individual.
9
d.
If
the
assessment
under
paragraph
“b”
determines
that
10
a
risk
to
the
health
or
safety
of
the
individual
exists
or
11
the
individual
has
a
significant
impairment
in
ability,
the
12
individual
being
assessed
does
not
agree
to
the
safety
plan
13
provisions
under
paragraph
“c”
or
accept
other
services,
and
14
the
options
available
under
sections
235B.17
,
235B.18
,
and
15
235B.19
are
not
utilized,
provision
for
the
department
of
human
16
services
to
maintain
periodic
contact
with
the
individual
in
17
accordance
with
rules
adopted
for
this
purpose.
The
purpose
18
of
the
contact
is
to
assess
any
increased
risk
or
impairment
19
and
to
monitor
the
individual’s
goals,
feelings,
and
concerns
20
so
that
the
department
can
intervene
when
necessary
or
21
offer
services
and
other
support
to
maintain
or
sustain
the
22
individual’s
safety
and
independence
when
the
individual
is
23
ready
to
agree
to
a
safety
plan
or
accept
services.
24
3.
The
department
of
human
services
and
other
agencies
25
involved
with
assessing
a
dependent
adult’s
degree
of
26
dependency
and
whether
dependent
adult
abuse
has
occurred
shall
27
adopt
rules
and
take
other
steps
necessary
to
implement
the
28
uniform
assessment
instrument
and
process
addressed
by
this
29
section
on
or
before
July
1,
2010.
30
4.
The
department
of
human
services
shall
cooperate
with
31
the
department
on
aging,
the
departments
of
inspections
32
and
appeals,
public
health,
public
safety,
and
workforce
33
development,
the
civil
rights
commission,
and
other
state
and
34
local
agencies
performing
inspections
or
otherwise
visiting
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residential
settings
where
dependent
adults
live,
to
regularly
1
provide
training
to
the
appropriate
staff
in
the
agencies
2
concerning
each
agency’s
procedures
involving
dependent
3
adults,
and
to
build
awareness
concerning
dependent
adults
and
4
reporting
of
dependent
adult
abuse.
5
Sec.
723.
Section
235E.2,
subsection
1,
paragraphs
a
and
c,
6
Code
2023,
are
amended
to
read
as
follows:
7
a.
The
department
shall
receive
and
evaluate
reports
8
of
dependent
adult
abuse
in
facilities
and
programs.
The
9
department
shall
inform
the
department
of
health
and
human
10
services
of
such
evaluations
and
dispositions
and
those
11
individuals
who
should
be
placed
on
the
central
registry
for
12
dependent
adult
abuse
pursuant
to
section
235E.7
.
If
the
13
department
believes
the
situation
involves
an
immediate
danger
14
to
the
public
health,
safety,
or
welfare
requiring
immediate
15
agency
action
to
seek
emergency
placement
on
the
central
16
registry,
the
department
may
utilize
emergency
adjudicative
17
proceedings
pursuant
to
section
17A.18A
.
18
c.
A
report
of
dependent
adult
abuse
that
meets
the
19
definition
of
dependent
adult
abuse
under
section
235E.1,
20
subsection
5
,
paragraph
“a”
,
subparagraph
(1),
subparagraph
21
division
(a)
or
(d),
or
section
235E.1,
subsection
5
,
paragraph
22
“a”
,
subparagraph
(3),
which
the
department
determines
is
23
minor,
isolated,
and
unlikely
to
reoccur
shall
be
collected
24
and
maintained
by
the
department
of
health
and
human
services
25
as
an
assessment
only
for
a
five-year
period
and
shall
not
be
26
included
in
the
central
registry
and
shall
not
be
considered
27
to
be
founded
dependent
adult
abuse.
A
subsequent
report
of
28
dependent
adult
abuse
that
meets
the
definition
of
dependent
29
adult
abuse
under
section
235E.1,
subsection
5
,
paragraph
“a”
,
30
subparagraph
(1),
subparagraph
division
(a)
or
(d),
or
section
31
235E.1,
subsection
5
,
paragraph
“a”
,
subparagraph
(3),
that
32
occurs
within
the
five-year
period,
and
that
is
committed
by
33
the
caretaker
responsible
for
the
act
or
omission
which
was
the
34
subject
of
the
previous
report
of
dependent
adult
abuse
which
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the
department
determined
was
minor,
isolated,
and
unlikely
to
1
reoccur,
may
be
considered
minor,
isolated,
and
unlikely
to
2
reoccur
depending
on
the
circumstances
of
the
report.
3
Sec.
724.
Section
235E.2,
subsection
5,
Code
2023,
is
4
amended
to
read
as
follows:
5
5.
Any
other
person
who
believes
that
a
dependent
adult
6
has
suffered
dependent
adult
abuse
may
report
the
suspected
7
dependent
adult
abuse
to
the
department
of
inspections
and
8
appeals.
The
department
of
inspections
and
appeals
shall
9
transfer
any
reports
received
of
dependent
adult
abuse
in
the
10
community
to
the
department
of
health
and
human
services.
The
11
department
of
health
and
human
services
shall
transfer
any
12
reports
received
of
dependent
adult
abuse
in
facilities
or
13
programs
to
the
department
of
inspections
and
appeals.
14
Sec.
725.
Section
235E.2,
subsection
6,
paragraph
a,
Code
15
2023,
is
amended
to
read
as
follows:
16
a.
If,
upon
completion
of
an
investigation,
the
department
17
determines
that
the
best
interests
of
the
dependent
adult
18
require
court
action,
the
department
shall
notify
the
19
department
of
health
and
human
services
of
the
potential
need
20
for
a
guardian
or
conservator
or
for
admission
or
commitment
21
to
an
appropriate
institution
or
facility
pursuant
to
the
22
applicable
procedures
under
chapter
125
,
222
,
229
,
or
633
,
or
23
shall
pursue
other
remedies
provided
by
law.
The
appropriate
24
county
attorney
shall
assist
the
department
of
health
and
human
25
services
in
the
preparation
of
the
necessary
papers
to
initiate
26
the
action
and
shall
appear
and
represent
the
department
of
27
health
and
human
services
at
all
district
court
proceedings.
28
Sec.
726.
Section
235F.6,
subsection
4,
Code
2023,
is
29
amended
to
read
as
follows:
30
4.
The
court
may
approve
a
consent
agreement
between
the
31
parties
entered
into
to
bring
about
the
cessation
of
elder
32
abuse.
A
consent
agreement
approved
under
this
section
shall
33
not
contain
any
of
the
following:
34
a.
A
provision
that
prohibits
any
party
to
the
action
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from
contacting
or
cooperating
with
any
government
agency
1
including
the
department
of
health
and
human
services,
the
2
department
of
inspections
and
appeals,
the
department
on
aging,
3
the
department
of
justice,
law
enforcement,
and
the
office
of
4
long-term
care
ombudsman;
a
licensing
or
regulatory
agency
5
that
has
jurisdiction
over
any
license
or
certification
held
6
by
the
defendant;
a
protection
and
advocacy
agency
recognized
7
in
section
135C.2
;
or
the
defendant’s
current
employer
if
the
8
defendant’s
professional
responsibilities
include
contact
with
9
vulnerable
elders,
dependent
adults,
or
minors,
if
the
party
10
contacting
or
cooperating
has
a
good-faith
belief
that
the
11
information
is
relevant
to
the
duties
or
responsibilities
of
12
the
entity.
13
b.
A
provision
that
prohibits
any
party
to
the
action
from
14
filing
a
complaint
with
or
reporting
a
violation
of
law
to
15
any
government
agency
including
the
department
of
health
and
16
human
services,
the
department
of
inspections
and
appeals,
17
the
department
on
aging,
the
department
of
justice,
law
18
enforcement,
and
the
office
of
long-term
care
ombudsman;
a
19
licensing
or
regulatory
agency
that
has
jurisdiction
over
any
20
license
or
certification
held
by
the
defendant;
a
protection
21
and
advocacy
agency
recognized
in
section
135C.2
;
or
the
22
defendant’s
current
employer.
23
c.
A
provision
that
requires
any
party
to
the
action
to
24
withdraw
a
complaint
filed
with
or
a
violation
reported
to
25
any
government
agency
including
the
department
of
health
and
26
human
services,
the
department
of
inspections
and
appeals,
27
the
department
on
aging,
the
department
of
justice,
law
28
enforcement,
and
the
office
of
long-term
care
ombudsman;
a
29
licensing
or
regulatory
agency
that
has
jurisdiction
over
any
30
license
or
certification
held
by
the
defendant;
a
protection
31
and
advocacy
agency
recognized
in
section
135C.2
;
or
the
32
defendant’s
current
employer.
33
Sec.
727.
Section
237.1,
Code
2023,
is
amended
to
read
as
34
follows:
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237.1
Definitions.
1
As
used
in
this
chapter
:
2
1.
“Administrator”
means
the
administrator
of
that
division
3
of
the
department
designated
by
the
director
of
human
services
4
to
administer
this
chapter
or
the
administrator’s
designee.
5
2.
1.
“Agency”
means
a
person,
as
defined
in
section
4.1,
6
subsection
20
,
which
provides
child
foster
care
and
which
does
7
not
meet
the
definition
of
an
individual
in
subsection
7
as
8
defined
under
this
section
.
9
3.
2.
“Child”
means
child
as
defined
in
section
234.1
,
10
subsection
2
.
11
4.
3.
“Child
foster
care”
means
the
provision
of
parental
12
nurturing,
including
but
not
limited
to
the
furnishing
of
13
food,
lodging,
training,
education,
supervision,
treatment,
14
or
other
care,
to
a
child
on
a
full-time
basis
by
a
person,
15
including
a
relative
of
the
child
if
the
relative
is
licensed
16
under
this
chapter
,
but
not
including
a
guardian
of
the
child.
17
“Child
foster
care”
does
not
include
any
of
the
following
care
18
situations:
19
a.
Care
furnished
by
an
individual
person
who
receives
the
20
child
of
a
personal
friend
as
an
occasional
and
personal
guest
21
in
the
individual
person’s
home,
free
of
charge
and
not
as
a
22
business.
23
b.
Care
furnished
by
an
individual
person
with
whom
a
child
24
has
been
placed
for
lawful
adoption,
unless
that
adoption
is
25
not
completed
within
two
years
after
placement.
26
c.
Care
furnished
by
a
private
boarding
school
subject
to
27
approval
by
the
state
board
of
education
pursuant
to
section
28
256.11
.
29
d.
Child
care
furnished
by
a
child
care
center,
a
child
30
development
home,
or
a
child
care
home
as
defined
in
section
31
237A.1
.
32
e.
Care
furnished
in
a
hospital
licensed
under
chapter
135B
33
or
care
furnished
in
a
nursing
facility
licensed
under
chapter
34
135C
.
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f.
Care
furnished
by
a
relative
of
a
child
or
an
individual
1
person
with
a
meaningful
relationship
with
the
child
where
the
2
child
is
not
under
the
placement,
care,
or
supervision
of
the
3
department.
4
4.
“Council”
means
the
council
on
health
and
human
services.
5
5.
“Department”
means
the
department
of
health
and
human
6
services.
7
6.
“Director”
means
the
director
of
health
and
human
8
services.
9
7.
“Facility”
means
the
personnel,
program,
physical
plant,
10
and
equipment
of
a
licensee.
11
7.
8.
“Individual”
means
an
individual
person
or
a
married
12
couple
who
provides
child
foster
care
in
a
single-family
home
13
environment
and
which
does
not
meet
the
definition
of
an
agency
14
in
subsection
2
under
this
section
.
15
8.
9.
“Licensee”
means
an
individual
or
an
agency
licensed
16
by
the
administrator
under
this
chapter
.
17
9.
10.
“Reasonable
and
prudent
parent
standard”
means
18
the
standard
characterized
by
careful
and
sensible
parenting
19
decisions
that
maintain
the
health,
safety,
and
best
interests
20
of
a
child,
while
at
the
same
time
encouraging
the
emotional
21
and
developmental
growth
of
a
child,
that
a
caregiver
shall
22
use
when
determining
whether
to
allow
a
child
in
foster
care
23
under
the
placement,
care,
or
supervision
of
the
department
to
24
participate
in
extracurricular,
enrichment,
cultural,
or
social
25
activities.
For
the
purposes
of
this
subsection
,
“caregiver”
26
means
an
individual
or
an
agency
licensed
under
this
chapter
27
with
which
a
child
in
foster
care
has
been
placed
or
a
juvenile
28
shelter
care
home
approved
under
chapter
232
in
which
a
child
29
in
foster
care
has
been
placed.
30
Sec.
728.
Section
237.3,
Code
2023,
is
amended
to
read
as
31
follows:
32
237.3
Rules.
33
1.
Except
as
otherwise
provided
by
subsections
3
and
4
,
34
the
administrator
department
shall
promulgate,
after
their
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adoption
by
the
council
on
human
services
,
and
enforce
in
1
accordance
with
chapter
17A
,
administrative
rules
necessary
2
to
implement
this
chapter
.
Formulation
of
the
rules
shall
3
include
consultation
with
representatives
of
child
foster
care
4
providers
,
and
other
persons
affected
by
this
chapter
.
The
5
rules
shall
encourage
the
provision
of
child
foster
care
in
a
6
single-family,
home
environment,
exempting
the
single-family,
7
home
facility
from
inappropriate
rules.
8
2.
Rules
applicable
to
licensees
shall
include
but
are
not
9
limited
to:
10
a.
Types
of
facilities
which
include
but
are
not
limited
to
11
group
foster
care
facilities
and
family
foster
care
homes.
12
b.
The
number,
qualifications,
character,
and
parenting
13
ability
of
personnel
necessary
to
assure
the
health,
safety
and
14
welfare
of
children
receiving
child
foster
care.
15
c.
Programs
for
education
and
in-service
training
of
16
personnel.
17
d.
The
physical
environment
of
a
facility.
18
e.
Policies
for
intake,
assessment,
admission
and
discharge.
19
f.
Housing,
health,
safety,
and
medical
care
policies
20
for
children
receiving
child
foster
care.
The
medical
care
21
policies
shall
include
but
are
not
limited
to
all
of
the
22
following:
23
(1)
Provision
by
the
department
to
the
foster
care
provider
24
at
or
before
the
time
of
a
child’s
placement
of
the
child’s
25
health
records
and
any
other
information
possessed
or
known
26
about
the
health
of
the
child
or
about
a
member
of
the
child’s
27
family
that
pertains
to
the
child’s
health.
28
(2)
If
the
health
records
supplied
in
accordance
with
29
the
child’s
case
permanency
plan
to
the
foster
care
provider
30
are
incomplete
or
the
provider
requests
specific
health
31
information,
provision
for
obtaining
additional
health
32
information
from
the
child’s
parent
or
other
source
and
33
supplying
the
additional
information
to
the
foster
care
34
provider.
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(3)
Provision
for
emergency
health
coverage
of
the
child
1
while
the
child
is
engaged
in
temporary
out-of-state
travel
2
with
the
child’s
foster
family.
3
g.
(1)
The
adequacy
of
programs
available
to
children
4
receiving
child
foster
care
provided
by
agencies,
including
but
5
not
limited
to:
6
(a)
Dietary
services.
7
(b)
Social
services.
8
(c)
Activity
programs.
9
(d)
Behavior
management
procedures.
10
(e)
Educational
programs,
including
special
education
11
as
defined
in
section
256B.2,
subsection
1
,
paragraph
“b”
,
12
where
appropriate,
which
are
approved
by
the
state
board
of
13
education.
14
(2)
The
department
shall
not
promulgate
rules
which
15
regulate
individual
licensees
in
the
subject
areas
enumerated
16
in
this
paragraph
“g”
.
17
h.
Policies
for
involvement
of
biological
parents.
18
i.
Records
a
licensee
is
required
to
keep,
and
reports
a
19
licensee
is
required
to
make
to
the
administrator
department
.
20
j.
Prior
to
the
licensing
of
an
individual
as
a
foster
21
family
home,
a
required,
written
social
assessment
of
the
22
quality
of
the
living
situation
in
the
home
of
the
individual,
23
and
a
required
compilation
of
personal
references
for
the
24
individual
other
than
those
references
given
by
the
individual.
25
k.
Elements
of
a
foster
care
placement
agreement
outlining
26
rights
and
responsibilities
associated
with
an
individual
27
providing
family
foster
care.
The
rights
and
responsibilities
28
shall
include
but
are
not
limited
to
all
of
the
following:
29
(1)
Receiving
information
prior
to
the
child’s
placement
30
regarding
risk
factors
concerning
the
child
that
are
known
to
31
the
department,
including
but
not
limited
to
notice
if
the
32
child
is
required
to
register
under
chapter
692A
.
33
(2)
Having
regularly
scheduled
meetings
with
each
case
34
manager
assigned
to
the
child.
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(3)
Receiving
access
to
any
reports
prepared
by
a
service
1
provider
who
is
working
with
the
child
unless
the
access
is
2
prohibited
by
state
or
federal
law.
3
3.
Rules
governing
fire
safety
in
facilities
with
child
4
foster
care
provided
by
agencies
shall
be
promulgated
by
the
5
state
fire
marshal
pursuant
to
section
100.1,
subsection
5
,
6
after
consultation
with
the
administrator
director
.
7
4.
Rules
governing
sanitation,
water
and
waste
disposal
8
standards
for
facilities
shall
be
promulgated
by
the
Iowa
9
department
of
public
health
pursuant
to
section
135.11,
10
subsection
12,
after
consultation
with
the
administrator
11
director
.
12
5.
In
case
of
a
conflict
between
rules
promulgated
pursuant
13
to
subsections
3
and
4
and
local
rules,
the
more
stringent
14
requirement
applies.
15
6.
Rules
of
the
department
shall
not
prohibit
the
licensing,
16
as
foster
family
homes,
of
individuals
who
are
departmental
17
employees
not
directly
engaged
in
the
administration
of
the
18
child
foster
care
program
pursuant
to
this
chapter
.
19
7.
If
an
agency
is
accredited
by
the
joint
commission
20
on
the
accreditation
of
health
care
organizations
under
the
21
commission’s
consolidated
standards
for
residential
settings
22
or
by
the
council
on
accreditation
of
services
for
families
23
and
children,
the
department
shall
modify
facility
licensure
24
standards
applied
to
the
agency
in
order
to
avoid
duplicating
25
standards
applied
through
accreditation.
26
8.
The
department,
in
consultation
with
the
judicial
27
branch,
the
division
of
criminal
and
juvenile
justice
planning
28
of
the
department
of
human
rights,
residential
treatment
29
providers,
the
foster
care
provider
association,
and
other
30
parties
which
may
be
affected,
shall
review
the
licensing
rules
31
pertaining
to
residential
treatment
facilities,
and
examine
32
whether
the
rules
allow
the
facilities
to
accept
and
provide
33
effective
treatment
to
juveniles
with
serious
problems
who
34
might
not
otherwise
be
placed
in
those
facilities.
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9.
The
department
shall
adopt
rules
specifying
the
elements
1
of
a
preadoptive
care
agreement
outlining
the
rights
and
2
responsibilities
associated
with
a
person
providing
preadoptive
3
care,
as
defined
in
section
232.2
.
4
10.
The
department
shall
adopt
rules
to
administer
the
5
exception
to
the
definition
of
child
care
in
section
237A.1,
6
subsection
3
,
paragraph
“l”
,
allowing
a
child
care
facility,
for
7
purposes
of
providing
respite
care
to
a
foster
family
home,
to
8
provide
care,
supervision,
or
guidance
of
a
child
for
a
period
9
of
twenty-four
hours
or
more
who
is
placed
with
the
licensed
10
foster
family
home.
11
Sec.
729.
Section
237.4,
Code
2023,
is
amended
to
read
as
12
follows:
13
237.4
License
required
——
exceptions.
14
An
individual
or
an
agency,
as
defined
in
section
237.1
,
15
shall
not
provide
child
foster
care
unless
the
individual
or
16
agency
obtains
a
license
issued
by
the
administrator
under
this
17
chapter
.
However,
a
license
is
not
required
of
the
following:
18
1.
An
individual
providing
child
foster
care
for
a
total
of
19
not
more
than
twenty
days
in
one
calendar
year.
20
2.
A
residential
care
facility
licensed
under
chapter
135C
21
which
is
approved
for
the
care
of
children.
22
3.
A
hospital
licensed
under
chapter
135B
.
23
4.
A
health
care
facility
licensed
under
chapter
135C
.
24
5.
A
juvenile
detention
home
or
juvenile
shelter
care
home
25
approved
under
section
232.142
.
26
6.
An
institution
listed
in
section
218.1
.
27
7.
A
facility
licensed
under
chapter
125
.
28
8.
An
individual
providing
child
care
as
a
babysitter
at
the
29
request
of
a
parent,
guardian
or
relative
having
lawful
custody
30
of
the
child.
31
Sec.
730.
Section
237.5,
Code
2023,
is
amended
to
read
as
32
follows:
33
237.5
License
application
and
issuance
——
denial,
suspension,
34
or
revocation
——
provisional
licenses.
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1.
An
individual
or
an
agency
shall
apply
for
a
license
1
by
completing
an
application
to
the
administrator
department
2
upon
forms
furnished
by
the
administrator
department
.
The
3
administrator
department
shall
issue
or
reissue
a
license
if
4
the
administrator
department
determines
that
the
applicant
or
5
licensee
is
or
upon
commencing
operation
will
provide
child
6
foster
care
in
compliance
with
this
chapter
.
An
initial
7
license
for
an
individual
is
valid
for
one
year
from
the
date
8
of
issuance.
After
the
first
two
years
of
licensure,
a
license
9
for
an
individual
is
valid
for
two
years
from
the
most
recent
10
date
of
issuance
except
that
the
administrator
department
,
11
within
the
administrator’s
director’s
discretion
and
based
upon
12
the
performance
of
the
licensee,
may
require
annual
renewal
13
of
the
license
or
may
issue
a
provisional
license
pursuant
to
14
subsection
3
.
A
license
for
an
agency
is
valid
for
up
to
three
15
years
from
the
date
of
issuance
for
the
period
determined
by
16
the
administrator
department
in
accordance
with
administrative
17
rules
providing
criteria
for
making
the
determination.
The
18
license
shall
state
on
its
face
the
name
of
the
licensee,
the
19
type
of
facility,
the
particular
premises
for
which
the
license
20
is
issued,
and
the
number
of
children
who
may
be
cared
for
by
21
the
facility
on
the
premises
at
one
time.
The
license
shall
22
be
posted
in
a
conspicuous
place
in
the
physical
plant
of
the
23
facility,
except
that
if
the
facility
is
in
a
single-family
24
home
the
license
may
be
kept
where
it
is
readily
available
for
25
examination
upon
request.
26
2.
The
administrator
department
,
after
notice
and
27
opportunity
for
an
evidentiary
hearing,
may
deny
an
application
28
for
a
license,
and
may
suspend
or
revoke
a
license,
if
the
29
applicant
or
licensee
violates
this
chapter
or
the
rules
30
promulgated
pursuant
to
this
chapter
,
or
knowingly
makes
31
a
false
statement
concerning
a
material
fact
or
conceals
32
a
material
fact
on
the
license
application
or
in
a
report
33
regarding
operation
of
the
facility
submitted
to
the
34
administrator
department
.
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3.
The
administrator
department
may
issue
a
provisional
1
license
for
not
more
than
one
year
to
a
licensee
whose
2
facility
does
not
meet
the
requirements
of
this
chapter
,
if
3
written
plans
to
bring
the
facility
into
compliance
with
the
4
applicable
requirements
are
submitted
to
and
approved
by
the
5
administrator
department
.
The
plans
shall
state
a
specific
6
time
when
compliance
will
be
achieved.
Only
one
provisional
7
license
shall
be
issued
for
a
facility
by
reason
of
the
same
8
deficiency.
9
Sec.
731.
Section
237.6,
Code
2023,
is
amended
to
read
as
10
follows:
11
237.6
Restricted
use
of
facility.
12
A
licensee
shall
not
furnish
child
foster
care
in
a
building
13
or
on
premises
not
designated
in
the
license.
A
licensee
14
shall
not
furnish
child
foster
care
to
a
greater
number
of
15
children
than
is
designated
in
the
license,
unless
authorized
16
by
the
administrator
so
authorizes
department
.
Multiple
17
licenses
authorizing
separate
and
distinct
parts
of
a
facility
18
to
provide
different
categories
of
child
foster
care
may
be
19
issued.
20
Sec.
732.
Section
237.7,
Code
2023,
is
amended
to
read
as
21
follows:
22
237.7
Reports
and
inspections.
23
The
administrator
department
may
require
submission
of
24
reports
by
a
licensee,
and
shall
cause
at
least
one
annual
25
unannounced
inspection
of
each
facility
to
assess
the
quality
26
of
the
living
situation
and
to
determine
compliance
with
27
applicable
requirements
and
standards.
The
inspections
shall
28
be
conducted
by
the
department
of
inspections
and
appeals.
29
The
director
of
the
department
of
inspections
and
appeals
30
may
examine
records
of
a
licensee,
including
but
not
limited
31
to
corporate
records
and
board
minutes,
and
may
inquire
into
32
matters
concerning
a
licensee
and
its
employees
relating
to
33
requirements
and
standards
for
child
foster
care
under
this
34
chapter
.
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Sec.
733.
Section
237.8,
Code
2023,
is
amended
to
read
as
1
follows:
2
237.8
Personnel.
3
1.
A
person
shall
not
be
allowed
to
provide
services
in
a
4
facility
if
the
person
has
a
disease
which
is
transmissible
to
5
other
persons
through
required
contact
in
the
workplace,
which
6
presents
a
significant
risk
of
infecting
other
persons,
which
7
presents
a
substantial
possibility
of
harming
other
persons,
or
8
for
which
no
reasonable
accommodation
can
eliminate
the
risk
of
9
infecting
other
persons.
10
2.
a.
(1)
If
a
person
is
being
considered
for
licensure
11
under
this
chapter
,
or
for
employment
involving
direct
12
responsibility
for
a
child
or
in
a
facility
where
children
13
reside,
by
a
licensee
under
this
chapter
,
or
if
a
person
will
14
reside
in
a
facility
utilized
by
a
licensee,
and
if
the
person
15
has
been
convicted
of
a
crime
or
has
a
record
of
founded
child
16
abuse,
the
record
check
evaluation
system
of
the
department
17
and
the
licensee
for
an
employee
of
the
licensee
shall
perform
18
an
evaluation
to
determine
whether
the
crime
or
founded
19
child
abuse
warrants
prohibition
of
licensure,
employment,
20
or
residence
in
the
facility.
The
department
record
check
21
evaluation
system
shall
conduct
criminal
and
child
abuse
record
22
checks
in
this
state
and
may
conduct
these
checks
in
other
23
states.
The
evaluation
shall
be
performed
in
accordance
with
24
procedures
adopted
for
this
purpose
by
the
department.
25
(2)
If
the
criminal
and
child
abuse
record
checks
conducted
26
in
this
state
under
subparagraph
(1)
for
an
individual
being
27
considered
for
licensure
under
this
chapter
,
or
for
employment
28
involving
direct
responsibility
for
a
child
or
in
a
facility
29
where
children
reside,
by
a
licensee
under
this
chapter
,
or
30
for
an
individual
who
will
reside
in
a
facility
utilized
by
31
a
licensee,
have
been
completed
and
the
individual
either
32
does
not
have
a
record
of
crime
or
founded
child
abuse
or
the
33
department’s
record
check
evaluation
system’s
evaluation
of
34
the
record
has
determined
that
prohibition
of
the
individual’s
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licensure
or
employment
is
not
warranted,
the
individual
may
1
be
provisionally
approved
for
licensure
or
employment
pending
2
the
outcome
of
the
fingerprint-based
criminal
history
check
3
conducted
pursuant
to
subparagraph
(4).
4
(3)
An
individual
being
considered
for
licensure
under
this
5
chapter
,
or
for
employment
involving
direct
responsibility
for
6
a
child
or
in
a
facility
where
children
reside,
by
a
licensee
7
under
this
chapter
,
or
for
an
individual
who
will
reside
in
a
8
facility
utilized
by
a
licensee,
shall
not
be
granted
a
license
9
or
be
employed
and
an
evaluation
shall
not
be
performed
under
10
this
subsection
if
the
individual
has
been
convicted
of
any
of
11
the
following
felony
offenses:
12
(a)
Within
the
five-year
period
preceding
the
application
13
date,
a
drug-related
offense.
14
(b)
Child
endangerment
or
neglect
or
abandonment
of
a
15
dependent
person.
16
(c)
Domestic
abuse.
17
(d)
A
crime
against
a
child,
including
but
not
limited
to
18
sexual
exploitation
of
a
minor.
19
(e)
A
forcible
felony.
20
(4)
If
an
individual
is
being
considered
for
licensure
under
21
this
chapter
,
or
for
employment
involving
direct
responsibility
22
for
a
child
or
in
a
facility
where
children
reside,
by
a
23
licensee
under
this
chapter
,
or
if
an
individual
will
reside
24
in
a
facility
utilized
by
a
licensee,
or
if
an
individual
is
25
subject
to
licensure
under
this
chapter
as
a
foster
parent,
26
in
addition
to
the
record
checks
conducted
under
subparagraph
27
(1),
the
individual’s
fingerprints
shall
be
provided
to
the
28
department
of
public
safety
for
submission
through
the
state
29
criminal
history
repository
to
the
United
States
department
30
of
justice,
federal
bureau
of
investigation
for
a
national
31
criminal
history
check.
The
cost
of
the
criminal
history
check
32
conducted
under
this
subparagraph
is
the
responsibility
of
the
33
department
of
human
services
.
34
(5)
If
the
criminal
and
child
abuse
record
checks
conducted
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in
this
state
under
subparagraph
(1)
for
an
individual
being
1
considered
for
licensure
as
a
foster
parent
have
been
completed
2
and
the
individual
either
does
not
have
a
record
of
crime
3
or
founded
abuse
or
the
department’s
record
check
evaluation
4
system’s
evaluation
of
the
record
has
determined
that
5
prohibition
of
the
individual’s
licensure
is
not
warranted,
the
6
individual
may
be
provisionally
approved
for
licensure
pending
7
the
outcome
of
the
fingerprint-based
criminal
history
check
8
conducted
pursuant
to
subparagraph
(4).
9
(6)
An
individual
applying
to
be
a
foster
parent
licensee
10
shall
not
be
granted
a
license
and
an
evaluation
shall
not
be
11
performed
under
this
subsection
if
the
individual
has
been
12
convicted
of
any
of
the
following
felony
offenses:
13
(a)
Within
the
five-year
period
preceding
the
application
14
date,
a
drug-related
offense.
15
(b)
Child
endangerment
or
neglect
or
abandonment
of
a
16
dependent
person.
17
(c)
Domestic
abuse.
18
(d)
A
crime
against
a
child,
including
but
not
limited
to
19
sexual
exploitation
of
a
minor.
20
(e)
A
forcible
felony.
21
b.
Except
as
otherwise
provided
in
paragraph
“a”
,
if
the
22
department
record
check
evaluation
system
determines
that
a
23
person
has
committed
a
crime
or
has
a
record
of
founded
child
24
abuse
and
is
licensed,
employed
by
a
licensee,
or
resides
in
a
25
licensed
facility
the
department
record
check
evaluation
system
26
shall
notify
the
licensee
that
an
evaluation
will
be
conducted
27
to
determine
whether
prohibition
of
the
person’s
licensure,
28
employment,
or
residence
is
warranted.
29
c.
In
an
evaluation,
the
department
record
check
evaluation
30
system
and
the
licensee
for
an
employee
of
the
licensee
shall
31
consider
the
nature
and
seriousness
of
the
crime
or
founded
32
child
abuse
in
relation
to
the
position
sought
or
held,
the
33
time
elapsed
since
the
commission
of
the
crime
or
founded
child
34
abuse,
the
circumstances
under
which
the
crime
or
founded
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child
abuse
was
committed,
the
degree
of
rehabilitation,
the
1
likelihood
that
the
person
will
commit
the
crime
or
founded
2
child
abuse
again,
and
the
number
of
crimes
or
founded
child
3
abuses
committed
by
the
person
involved.
The
department
record
4
check
evaluation
system
may
permit
a
person
who
is
evaluated
5
to
be
licensed,
employed,
or
to
reside,
or
to
continue
to
be
6
licensed,
employed,
or
to
reside
in
a
licensed
facility,
if
the
7
person
complies
with
the
department’s
record
check
evaluation
8
system’s
conditions
relating
to
the
person’s
licensure,
9
employment,
or
residence,
which
may
include
completion
of
10
additional
training.
For
an
employee
of
a
licensee,
these
11
conditional
requirements
shall
be
developed
with
the
licensee.
12
The
department
record
check
evaluation
system
has
final
13
authority
in
determining
whether
prohibition
of
the
person’s
14
licensure,
employment,
or
residence
is
warranted
and
in
15
developing
any
conditional
requirements
under
this
paragraph.
16
d.
If
the
department
record
check
evaluation
system
17
determines
that
the
person
has
committed
a
crime
or
has
a
18
record
of
founded
child
abuse
which
warrants
prohibition
of
19
licensure,
employment,
or
residence,
the
person
shall
not
be
20
licensed
under
this
chapter
and
shall
not
be
employed
by
a
21
licensee
or
reside
in
a
licensed
facility.
22
3.
In
addition
to
the
record
checks
required
under
23
subsection
2
,
the
department
of
human
services
record
check
24
evaluation
system
may
conduct
dependent
adult
abuse
record
25
checks
in
this
state
and
may
conduct
these
checks
in
other
26
states,
on
a
random
basis.
The
provisions
of
subsection
2
,
27
relative
to
an
evaluation
following
a
determination
that
a
28
person
has
been
convicted
of
a
crime
or
has
a
record
of
founded
29
child
abuse,
shall
also
apply
to
a
random
check
conducted
under
30
this
subsection
.
31
4.
On
or
after
July
1,
1994,
a
A
licensee
shall
inform
32
all
new
applicants
for
employment
of
the
possibility
of
the
33
performance
of
a
record
check
and
shall
obtain,
from
the
34
applicant,
a
signed
acknowledgment
of
the
receipt
of
the
35
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information.
1
5.
On
or
after
July
1,
1994,
a
A
licensee
shall
include
the
2
following
inquiry
in
an
application
for
employment:
3
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
4
or
have
you
ever
been
convicted
of
a
crime,
in
this
state
or
any
5
other
state?
6
Sec.
734.
Section
237.13,
Code
2023,
is
amended
to
read
as
7
follows:
8
237.13
Foster
home
insurance
fund.
9
1.
For
the
purposes
of
this
section
,
“foster
home”
means
an
10
individual,
as
defined
in
section
237.1,
subsection
7
,
who
is
11
licensed
to
provide
child
foster
care
and
shall
also
be
known
12
as
a
“licensed
foster
home”
.
13
2.
The
foster
home
insurance
fund
shall
be
administered
by
14
the
department
of
human
services
.
The
fund
shall
consist
of
15
all
moneys
appropriated
by
the
general
assembly
for
deposit
16
in
the
fund.
The
department
shall
use
moneys
in
the
fund
to
17
provide
home
and
property
coverage
for
foster
parents
to
cover
18
damages
to
property
resulting
from
the
actions
of
a
foster
19
child
residing
in
a
foster
home
or
to
reimburse
foster
parents
20
for
the
cost
of
purchasing
foster
care
liability
insurance
and
21
to
perform
the
administrative
functions
necessary
to
carry
out
22
this
section
.
The
department
may
establish
limitations
of
23
liability
for
individual
claims
as
deemed
reasonable
by
the
24
department.
25
3.
The
department
of
human
services
shall
adopt
rules,
26
pursuant
to
chapter
17A
,
to
carry
out
the
provisions
of
this
27
section
.
28
Sec.
735.
Section
237.15,
subsection
7,
Code
2023,
is
29
amended
to
read
as
follows:
30
7.
“Person
or
court
responsible
for
the
child”
means
the
31
department,
including
but
not
limited
to
the
department
of
32
health
and
human
services,
the
agency,
or
the
individual
who
is
33
the
guardian
of
a
child
by
court
order
issued
by
the
juvenile
34
or
district
court
and
has
the
responsibility
of
the
care
of
the
35
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child,
or
the
court
having
jurisdiction
over
the
child.
1
Sec.
736.
Section
237.16,
Code
2023,
is
amended
to
read
as
2
follows:
3
237.16
Child
advocacy
board
——
staff
.
4
1.
The
child
advocacy
board
is
created
within
the
department
5
of
inspections
and
appeals
.
The
state
board
consists
of
nine
6
members
appointed
by
the
governor,
subject
to
confirmation
7
by
the
senate
and
directly
responsible
to
the
governor.
One
8
member
shall
be
an
active
court
appointed
special
advocate
9
volunteer,
one
member
shall
be
an
active
member
of
a
local
10
citizen
foster
care
review
board,
and
one
member
shall
be
a
11
judicial
branch
employee
or
judicial
officer
appointed
from
12
nominees
submitted
by
the
judicial
branch.
The
appointment
is
13
for
a
term
of
four
years
that
begins
and
ends
as
provided
in
14
section
69.19
.
Vacancies
on
the
state
board
shall
be
filled
in
15
the
same
manner
as
original
appointments
are
made.
16
2.
The
members
of
the
state
board
shall
annually
select
a
17
chairperson,
vice
chairperson,
and
other
officers
the
members
18
deem
necessary.
The
members
may
be
entitled
to
receive
19
reimbursement
for
actual
and
necessary
expenses
incurred
in
20
the
performance
of
their
duties,
subject
to
available
funding.
21
Each
member
of
the
board
may
also
be
eligible
to
receive
22
compensation
as
provided
in
section
7E.6
.
The
state
board
23
shall
meet
at
least
twice
a
year.
24
3.
An
employee
of
the
department
or
of
the
department
of
25
inspections
and
appeals
,
an
employee
of
a
child-placing
agency,
26
an
employee
of
an
agency
with
which
the
department
contracts
27
for
services
for
children
under
foster
care,
a
foster
parent
28
providing
foster
care,
or
an
employee
of
the
district
court
29
is
not
eligible
to
serve
on
the
state
board.
However,
the
30
judicial
branch
employee
or
judicial
officer
appointed
from
31
nominees
submitted
by
the
judicial
branch
in
accordance
with
32
subsection
1
shall
be
eligible
to
serve
on
the
state
board.
33
4.
The
department
and
the
department
of
inspections
and
34
appeals
shall
jointly
develop
written
protocols
detailing
the
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responsibilities
of
each
the
department
with
regard
to
children
1
under
the
purview
of
the
state
board.
The
protocols
shall
be
2
reviewed
by
the
departments
department
on
an
annual
basis.
3
5.
The
director
shall
employ
appropriate
staff
for
the
state
4
board
in
accordance
with
available
funding.
5
Sec.
737.
Section
237.18,
subsection
4,
Code
2023,
is
6
amended
by
striking
the
subsection.
7
Sec.
738.
Section
237.21,
subsection
5,
Code
2023,
is
8
amended
to
read
as
follows:
9
5.
Members
of
the
state
board
and
local
boards,
court
10
appointed
special
advocates,
and
the
employees
of
the
11
department
and
the
department
of
inspections
and
appeals
are
12
subject
to
standards
of
confidentiality
pursuant
to
sections
13
217.30
,
228.6,
subsection
1
,
sections
235A.15
,
600.16
,
14
and
600.16A
.
Members
of
the
state
and
local
boards,
court
15
appointed
special
advocates,
and
employees
of
the
department
16
and
the
department
of
inspections
and
appeals
who
disclose
17
information
or
records
of
the
board
or
department,
other
than
18
as
provided
in
subsections
2,
3,
and
4
,
section
232.126
,
19
and
section
237.20,
subsection
2
,
are
guilty
of
a
simple
20
misdemeanor.
21
Sec.
739.
Section
237A.1,
Code
2023,
is
amended
to
read
as
22
follows:
23
237A.1
Definitions.
24
As
used
in
this
chapter
unless
the
context
otherwise
25
requires:
26
1.
“Administrator”
means
the
administrator
of
the
division
27
of
the
department
designated
by
the
director
to
administer
this
28
chapter
.
29
2.
1.
“Child”
means
either
of
the
following:
30
a.
A
person
twelve
years
of
age
or
younger.
31
b.
A
person
thirteen
years
of
age
or
older
but
younger
than
32
nineteen
years
of
age
who
has
a
developmental
disability
as
33
defined
under
the
federal
Developmental
Disabilities
Assistance
34
and
Bill
of
Rights
Act
of
2000,
Pub.
L.
No.
106-402,
as
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codified
in
42
U.S.C.
§15002(8).
1
3.
2.
“Child
care”
means
the
care,
supervision,
and
2
guidance
of
a
child
by
a
person
other
than
the
child’s
parent,
3
guardian,
or
custodian
for
periods
of
less
than
twenty-four
4
hours
per
day
per
child
on
a
regular
basis,
but
does
not
5
include
care,
supervision,
and
guidance
of
a
child
by
any
of
6
the
following:
7
a.
An
instructional
program
for
children
who
are
attending
8
prekindergarten
as
defined
by
the
state
board
of
education
9
under
section
256.11
or
a
higher
grade
level
and
are
at
least
10
four
years
of
age,
or
are
at
least
three
years
of
age
and
11
eligible
for
special
education
under
chapter
256B
,
administered
12
by
any
of
the
following:
13
(1)
A
public
or
nonpublic
school
system
accredited
by
the
14
department
of
education
or
the
state
board
of
regents.
15
(2)
A
nonpublic
school
system
which
is
not
accredited
by
the
16
department
of
education
or
the
state
board
of
regents.
17
b.
Any
of
the
following
church-related
programs:
18
(1)
An
instructional
program.
19
(2)
A
youth
program
other
than
a
preschool,
before
or
after
20
school
child
care
program,
or
other
child
care
program.
21
(3)
A
program
providing
care
to
children
on
church
premises
22
while
the
children’s
parents
are
attending
church-related
or
23
church-sponsored
activities
on
the
church
premises.
24
c.
Short-term
classes
of
less
than
two
weeks’
duration
held
25
between
school
terms
or
during
a
break
within
a
school
term.
26
d.
A
child
care
center
for
sick
children
operated
as
part
of
27
a
pediatrics
unit
in
a
hospital
licensed
by
the
department
of
28
inspections
and
appeals
pursuant
to
chapter
135B
.
29
e.
A
program
operated
not
more
than
one
day
per
week
by
30
volunteers
which
meets
all
of
the
following
conditions:
31
(1)
Not
more
than
eleven
children
are
served
per
volunteer.
32
(2)
The
program
operates
for
less
than
four
hours
during
any
33
twenty-four-hour
period.
34
(3)
The
program
is
provided
at
no
cost
to
the
children’s
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parent,
guardian,
or
custodian.
1
f.
A
program
administered
by
a
political
subdivision
of
the
2
state
which
is
primarily
for
recreational
or
social
purposes
3
and
is
limited
to
children
who
are
five
years
of
age
or
older
4
and
attending
school.
5
g.
An
after
school
program
continuously
offered
throughout
6
the
school
year
calendar
to
children
who
are
at
least
five
7
years
of
age
and
are
enrolled
in
school,
and
attend
the
program
8
intermittently
or
a
summer-only
program
for
such
children.
The
9
program
must
be
provided
through
a
nominal
membership
fee
or
10
at
no
cost.
11
h.
A
special
activity
program
which
meets
less
than
four
12
hours
per
day
for
the
sole
purpose
of
the
special
activity.
13
Special
activity
programs
include
but
are
not
limited
to
music
14
or
dance
classes,
organized
athletic
or
sports
programs,
15
recreational
classes,
scouting
programs,
and
hobby
or
craft
16
clubs
or
classes.
17
i.
A
nationally
accredited
camp.
18
j.
A
structured
program
for
the
purpose
of
providing
19
therapeutic,
rehabilitative,
or
supervisory
services
to
20
children
under
any
of
the
following:
21
(1)
A
purchase
of
service
or
managed
care
contract
with
the
22
department.
23
(2)
A
contract
approved
by
a
governance
board
of
a
24
decategorization
of
child
welfare
and
juvenile
justice
funding
25
project
created
under
section
232.188
.
26
(3)
An
arrangement
approved
by
a
juvenile
court
order.
27
k.
Care
provided
on-site
to
children
of
parents
residing
in
28
an
emergency,
homeless,
or
domestic
violence
shelter.
29
l.
A
child
care
facility
providing
respite
care
to
a
30
licensed
foster
family
home
for
a
period
of
twenty-four
hours
31
or
more
to
a
child
who
is
placed
with
that
licensed
foster
32
family
home.
33
m.
A
program
offered
to
a
child
whose
parent,
guardian,
34
or
custodian
is
engaged
solely
in
a
recreational
or
social
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activity,
remains
immediately
available
and
accessible
on
the
1
physical
premises
on
which
the
child’s
care
is
provided,
and
2
does
not
engage
in
employment
while
the
care
is
provided.
3
However,
if
the
recreational
or
social
activity
is
provided
4
in
a
fitness
center
or
on
the
premises
of
a
nonprofit
5
organization,
the
parent,
guardian,
or
custodian
of
the
child
6
may
be
employed
to
teach
or
lead
the
activity.
7
4.
3.
“Child
care
center”
or
“center”
means
a
facility
8
providing
child
care
or
preschool
services
for
seven
or
more
9
children,
except
when
the
facility
is
registered
as
a
child
10
development
home.
11
5.
4.
“Child
care
facility”
or
“facility”
means
a
child
12
care
center,
preschool,
or
a
registered
child
development
home.
13
6.
5.
“Child
care
home”
means
a
person
or
program
providing
14
child
care
to
any
of
the
following
children
at
any
one
time
15
that
is
not
registered
to
provide
child
care
under
this
16
chapter
,
as
authorized
under
section
237A.3
:
17
a.
Five
or
fewer
children.
18
b.
Six
or
fewer
children,
if
at
least
one
of
the
children
19
is
school-aged.
20
7.
6.
“Child
development
home”
means
a
person
or
program
21
registered
under
section
237A.3A
that
may
provide
child
care
to
22
seven
or
more
children
at
any
one
time.
23
7.
“Council”
means
the
council
on
health
and
human
services.
24
8.
“Department”
means
the
department
of
health
and
human
25
services.
26
9.
“Director”
means
the
director
of
health
and
human
27
services.
28
10.
“Infant”
means
a
child
who
is
less
than
twenty-four
29
months
of
age.
30
11.
“Involvement
with
child
care”
means
licensed
or
31
registered
under
this
chapter
,
employed
in
a
child
care
32
facility,
residing
in
a
child
care
facility,
receiving
public
33
funding
for
providing
child
care,
or
providing
child
care
as
a
34
child
care
home
provider,
or
residing
in
a
child
care
home.
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12.
“Licensed
center”
means
a
center
issued
a
full
or
1
provisional
license
by
the
department
under
the
provisions
2
of
this
chapter
or
a
center
for
which
a
license
is
being
3
processed.
4
13.
“Poverty
level”
means
the
poverty
level
defined
by
the
5
most
recently
revised
poverty
income
guidelines
published
by
6
the
United
States
department
of
health
and
human
services.
7
14.
“Preschool”
means
a
child
care
facility
which
provides
8
to
children
ages
three
through
five,
for
periods
of
time
not
9
exceeding
three
hours
per
day,
programs
designed
to
help
the
10
children
to
develop
intellectual
skills,
social
skills,
and
11
motor
skills,
and
to
extend
their
interest
and
understanding
12
of
the
world
about
them.
13
15.
“School”
means
kindergarten
or
a
higher
grade
level.
14
16.
“State
child
care
advisory
committee”
means
the
state
15
child
care
advisory
committee
established
pursuant
to
section
16
135.173A
.
17
Sec.
740.
Section
237A.2,
subsection
1,
paragraph
a,
Code
18
2023,
is
amended
to
read
as
follows:
19
a.
An
application
for
a
license
or
a
renewal
has
been
filed
20
with
the
administrator
department
on
forms
provided
by
the
21
department.
22
Sec.
741.
Section
237A.2,
subsection
3,
Code
2023,
is
23
amended
to
read
as
follows:
24
3.
The
administrator
department
may
reduce
a
previously
25
issued
license
to
a
provisional
license
or
issue
a
provisional
26
license
for
a
period
of
time
not
to
exceed
one
year
if
the
27
center
does
not
meet
standards
required
under
this
section
.
28
A
provisional
license
shall
not
be
renewable
in
regard
to
29
the
same
standards
for
more
than
two
consecutive
years.
A
30
provisional
license
shall
be
posted
in
a
conspicuous
place
31
in
the
center
as
provided
in
this
section
.
If
written
plans
32
to
bring
the
center
up
to
standards,
giving
specific
dates
33
for
completion
of
work,
are
submitted
to
and
approved
by
the
34
department,
the
provisional
license
shall
be
renewable
as
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provided
in
this
subsection
.
1
Sec.
742.
Section
237A.3A,
subsection
3,
paragraph
a,
Code
2
2023,
is
amended
to
read
as
follows:
3
a.
Three
categories
of
standards
shall
be
applicable
to
4
child
development
homes.
The
initial
designations
of
the
5
categories,
which
may
be
revised
by
the
department,
shall
be
6
“A”,
“B”,
and
“C”,
as
ranked
from
less
stringent
standards
and
7
capacity
to
more
stringent
standards
and
capacity.
The
“C”
8
registration
category
standards
shall
require
the
highest
level
9
of
provider
qualifications
and
allow
the
greatest
capacity
of
10
the
three
categories.
The
department
of
human
services,
in
11
consultation
with
the
Iowa
department
of
public
health,
shall
12
adopt
rules
applying
standards
to
each
category
specifying
13
provider
qualifications
and
training,
health
and
safety
14
requirements,
capacity,
amount
of
space
available
per
child,
15
and
other
minimum
requirements.
The
capacity
requirements
16
shall
take
into
consideration
the
provider’s
own
children,
17
children
who
have
a
mild
illness,
children
receiving
part-time
18
child
care,
and
children
served
as
a
sibling
group
in
overnight
19
care.
20
Sec.
743.
Section
237A.5,
Code
2023,
is
amended
to
read
as
21
follows:
22
237A.5
Personnel.
23
1.
All
personnel
in
licensed
or
registered
facilities
24
shall
have
good
health
as
evidenced
by
a
report
following
a
25
preemployment
physical
examination
taken
within
six
months
26
prior
to
beginning
employment.
The
examination
shall
include
27
communicable
disease
tests
by
a
licensed
physician
as
defined
28
in
section
135C.1
or
a
licensed
physician
assistant
as
defined
29
in
section
148C.1
and
shall
be
repeated
every
three
years
after
30
initial
employment.
Controlled
medical
conditions
which
would
31
not
affect
the
performance
of
the
employee
in
the
capacity
32
employed
shall
not
prohibit
employment.
33
2.
a.
For
the
purposes
of
this
section
,
unless
the
context
34
otherwise
requires:
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(1)
“Person
subject
to
a
record
check”
means
a
person
who
is
1
described
by
any
of
the
following:
2
(a)
The
person
is
being
considered
for
licensure
or
3
registration
or
is
registered
or
licensed
under
this
chapter
.
4
(b)
The
person
is
being
considered
by
a
child
care
facility
5
for
employment
involving
direct
responsibility
for
a
child
or
6
with
access
to
a
child
when
the
child
is
alone
or
is
employed
7
with
such
responsibilities.
8
(c)
The
person
will
reside
or
resides
in
a
child
care
9
facility.
10
(d)
The
person
has
applied
for
or
receives
public
funding
11
for
providing
child
care.
12
(e)
The
person
will
reside
or
resides
in
a
child
care
home
13
that
is
not
registered
under
this
chapter
but
that
receives
14
public
funding
for
providing
child
care.
15
(2)
“Person
subject
to
an
evaluation”
means
a
person
subject
16
to
a
record
check
whose
record
indicates
that
the
person
has
17
committed
a
transgression.
18
(3)
“Transgression”
means
the
existence
of
any
of
the
19
following
in
a
person’s
record:
20
(a)
Conviction
of
a
crime.
21
(b)
A
record
of
having
committed
founded
child
or
dependent
22
adult
abuse.
23
(c)
Listing
in
the
sex
offender
registry
under
chapter
692A
.
24
(d)
A
record
of
having
committed
a
public
or
civil
offense.
25
(e)
The
department
has
revoked
a
child
care
facility
26
registration
or
license
due
to
the
person’s
continued
or
27
repeated
failure
to
operate
the
child
care
facility
in
28
compliance
with
this
chapter
and
rules
adopted
pursuant
to
this
29
chapter
.
30
b.
If
an
individual
person
subject
to
a
record
check
is
31
being
considered
for
employment
by
a
child
care
facility
or
32
child
care
home
provider,
in
lieu
of
requesting
a
record
check
33
in
this
state
to
be
conducted
by
the
department
record
check
34
evaluation
system
under
paragraph
“c”
,
the
child
care
facility
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or
child
care
home
may
access
the
single
contact
repository
1
established
pursuant
to
section
135C.33
as
necessary
to
conduct
2
a
criminal
and
child
abuse
record
check
of
the
individual
3
in
this
state.
A
copy
of
the
results
of
the
record
check
4
conducted
through
the
single
contact
repository
shall
also
be
5
provided
to
the
department
record
check
evaluation
system
.
6
If
the
record
check
indicates
the
individual
is
a
person
7
subject
to
an
evaluation,
the
child
care
facility
or
child
care
8
home
may
request
that
the
department
record
check
evaluation
9
system
perform
an
evaluation
as
provided
in
this
subsection
.
10
Otherwise,
the
individual
shall
not
be
employed
by
the
child
11
care
facility
or
child
care
home.
12
c.
Unless
a
record
check
has
already
been
conducted
in
13
accordance
with
paragraph
“b”
,
the
department
record
check
14
evaluation
system
shall
conduct
a
criminal
and
child
abuse
15
record
check
in
this
state
for
a
person
who
is
subject
to
a
16
record
check
and
may
conduct
such
a
check
in
other
states.
In
17
addition,
the
department
record
check
evaluation
system
may
18
conduct
a
dependent
adult
abuse,
sex
offender
registry,
or
19
other
public
or
civil
offense
record
check
in
this
state
or
in
20
other
states
for
a
person
who
is
subject
to
a
record
check.
21
d.
(1)
For
a
person
subject
to
a
record
check,
in
22
addition
to
any
other
record
check
conducted
pursuant
to
this
23
subsection
,
the
person’s
fingerprints
shall
be
provided
to
the
24
department
of
public
safety
for
submission
through
the
state
25
criminal
history
repository
to
the
United
States
department
26
of
justice,
federal
bureau
of
investigation
for
a
national
27
criminal
history
check.
The
department
may
adopt
rules
28
specifying
criteria
in
the
public
interest
for
requiring
the
29
national
criminal
history
check
of
a
person
to
be
repeated.
30
(2)
Except
as
otherwise
provided
by
law,
the
cost
of
a
31
national
criminal
history
check
conducted
in
accordance
with
32
subparagraph
(1)
and
the
state
record
checks
conducted
in
33
accordance
with
paragraph
“c”
that
are
conducted
in
connection
34
with
a
person’s
involvement
with
a
child
care
center
are
not
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the
responsibility
of
the
department.
The
department
is
1
responsible
for
the
cost
of
such
checks
conducted
in
connection
2
with
a
person’s
involvement
with
a
child
development
home
or
3
child
care
home.
4
(3)
If
record
checks
under
paragraph
“b”
or
“c”
have
been
5
conducted
on
a
person
subject
to
a
record
check
and
the
results
6
do
not
warrant
prohibition
of
the
person’s
involvement
with
7
child
care
or
otherwise
present
protective
concerns,
the
person
8
may
be
involved
with
child
care
on
a
provisional
basis
until
9
the
record
check
under
subparagraph
(1)
has
been
completed.
10
(4)
If
a
person
subject
to
a
record
check
refuses
to
consent
11
to
a
record
check
or
if
the
person
makes
what
the
person
knows
12
to
be
a
false
statement
of
material
fact
in
connection
with
a
13
record
check,
the
person
shall
be
prohibited
from
involvement
14
with
child
care.
15
e.
(1)
If
a
record
check
performed
pursuant
to
this
16
subsection
identifies
an
individual
as
a
person
subject
to
17
an
evaluation,
an
evaluation
shall
be
performed
to
determine
18
whether
prohibition
of
the
person’s
involvement
with
child
care
19
is
warranted.
The
evaluation
shall
be
performed
in
accordance
20
with
procedures
adopted
for
this
purpose
by
the
department.
21
(2)
Prior
to
performing
an
evaluation,
the
department
22
record
check
evaluation
system
shall
notify
the
affected
23
person,
licensee,
registrant,
or
child
care
home
applying
for
24
or
receiving
public
funding
for
providing
child
care,
that
an
25
evaluation
will
be
conducted
to
determine
whether
prohibition
26
of
the
person’s
involvement
with
child
care
is
warranted.
27
f.
If
a
record
check
performed
in
accordance
with
paragraph
28
“b”
or
“c”
identifies
that
an
individual
is
a
person
subject
29
to
an
evaluation,
the
department
record
check
evaluation
30
system
shall
perform
the
evaluation
in
accordance
with
this
31
subsection
,
even
if
the
application
which
made
the
person
32
subject
to
the
record
check
is
withdrawn
or
the
circumstances
33
which
made
the
person
subject
to
the
record
check
are
no
longer
34
applicable.
If
the
department’s
record
check
evaluation
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system’s
evaluation
determines
that
prohibition
of
the
person’s
1
involvement
with
child
care
is
warranted,
the
provisions
of
2
this
subsection
regarding
such
a
prohibition
shall
apply.
3
g.
A
person
subject
to
a
record
check
who
is
or
was
employed
4
by
a
child
care
facility
or
child
care
home
provider
and
5
is
hired
by
another
child
care
facility
or
child
care
home
6
provider
shall
be
subject
to
a
record
check
in
accordance
7
with
this
subsection
.
However,
if
the
person
was
subject
8
to
an
evaluation
because
of
a
transgression
in
the
person’s
9
record
and
the
evaluation
determined
that
the
transgression
10
did
not
warrant
prohibition
of
the
person’s
involvement
11
with
child
care
and
the
latest
record
checks
do
not
indicate
12
there
is
a
transgression
that
was
committed
subsequent
to
13
that
evaluation,
the
person
may
commence
employment
with
the
14
other
child
care
facility
or
provider
in
accordance
with
the
15
department’s
evaluation
and
an
exemption
from
any
requirements
16
for
reevaluation
of
the
latest
record
checks
is
authorized.
17
Authorization
of
an
exemption
under
this
paragraph
“g”
from
18
requirements
for
reevaluation
of
the
latest
record
checks
by
19
the
department
record
check
evaluation
system
is
subject
to
all
20
of
the
following
provisions:
21
(1)
The
position
with
the
subsequent
employer
is
22
substantially
the
same
or
has
the
same
job
responsibilities
as
23
the
position
for
which
the
previous
evaluation
was
performed.
24
(2)
Any
restrictions
placed
on
the
person’s
employment
25
in
the
previous
evaluation
by
the
department
record
check
26
evaluation
system
shall
remain
applicable
in
the
person’s
27
subsequent
employment.
28
(3)
The
person
subject
to
the
record
checks
has
maintained
a
29
copy
of
the
previous
evaluation
and
provides
the
evaluation
to
30
the
subsequent
employer
or
the
previous
employer
provides
the
31
previous
evaluation
from
the
person’s
personnel
file
pursuant
32
to
the
person’s
authorization.
If
a
physical
copy
of
the
33
previous
evaluation
is
not
provided
to
the
subsequent
employer,
34
the
record
checks
shall
be
reevaluated.
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(4)
Although
an
exemption
under
this
paragraph
“g”
may
1
be
authorized,
the
subsequent
employer
may
instead
request
a
2
reevaluation
of
the
record
checks
and
may
employ
the
person
3
while
the
reevaluation
is
being
performed.
4
h.
In
an
evaluation,
the
department
record
check
evaluation
5
system
shall
consider
the
nature
and
seriousness
of
the
6
transgression
in
relation
to
the
position
sought
or
held,
the
7
time
elapsed
since
the
commission
of
the
transgression,
the
8
circumstances
under
which
the
transgression
was
committed,
9
the
degree
of
rehabilitation,
the
likelihood
that
the
person
10
will
commit
the
transgression
again,
and
the
number
of
11
transgressions
committed
by
the
person
involved.
In
addition
12
to
record
check
information,
the
department
record
check
13
evaluation
system
may
utilize
information
from
the
department’s
14
record
check
evaluation
system’s
case
records
in
performing
the
15
evaluation.
The
department
record
check
evaluation
system
may
16
permit
a
person
who
is
evaluated
to
maintain
involvement
with
17
child
care,
if
the
person
complies
with
the
department’s
record
18
check
evaluation
system’s
conditions
and
corrective
action
plan
19
relating
to
the
person’s
involvement
with
child
care.
The
20
department
record
check
evaluation
system
has
final
authority
21
in
determining
whether
prohibition
of
the
person’s
involvement
22
with
child
care
is
warranted
and
in
developing
any
conditional
23
requirements
and
corrective
action
plan
under
this
paragraph.
24
i.
(1)
A
person
subject
to
an
evaluation
shall
be
25
prohibited
from
involvement
with
child
care
under
any
of
the
26
following
circumstances:
27
(a)
The
person
has
a
record
of
founded
child
abuse
or
28
dependent
adult
abuse
that
was
determined
to
be
sexual
abuse.
29
(b)
The
person
is
listed
or
is
required
to
be
listed
on
30
any
state
sex
offender
registry
or
the
national
sex
offender
31
registry.
32
(c)
The
person
has
committed
any
of
the
following
33
felony-level
offenses:
34
(i)
Child
endangerment
or
neglect
or
abandonment
of
a
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dependent
person.
1
(ii)
Domestic
abuse.
2
(iii)
A
crime
against
a
child
including
but
not
limited
to
3
sexual
exploitation
of
a
minor.
4
(iv)
A
forcible
felony.
5
(v)
Arson.
6
(d)
The
person
has
a
record
of
a
misdemeanor
conviction
7
against
a
child
that
constitutes
one
of
the
following
offenses:
8
(i)
Child
abuse.
9
(ii)
Child
endangerment.
10
(iii)
Sexual
assault.
11
(iv)
Child
pornography.
12
(2)
If,
within
five
years
prior
to
the
date
of
application
13
for
registration
or
licensure
under
this
chapter
,
for
14
employment
or
residence
in
a
child
care
facility
or
child
care
15
home,
or
for
receipt
of
public
funding
for
providing
child
16
care,
a
person
subject
to
an
evaluation
has
been
convicted
17
of
a
controlled
substance
offense
or
has
been
found
to
have
18
committed
physical
abuse,
the
person
shall
be
prohibited
from
19
involvement
with
child
care
for
a
period
of
five
years
from
20
the
date
of
conviction
or
founded
abuse.
After
the
five-year
21
prohibition
period,
the
person
may
submit
an
application
for
22
registration
or
licensure
under
this
chapter
,
or
to
receive
23
public
funding
for
providing
child
care,
or
may
request
an
24
evaluation,
and
the
department
record
check
evaluation
system
25
shall
perform
an
evaluation
and,
based
upon
the
criteria
in
26
paragraph
“h”
,
shall
determine
whether
prohibition
of
the
27
person’s
involvement
with
child
care
continues
to
be
warranted.
28
j.
If
the
department
record
check
evaluation
system
29
determines,
through
an
evaluation
of
a
person’s
transgression,
30
that
the
person’s
prohibition
of
involvement
with
child
care
is
31
warranted,
the
person
shall
be
prohibited
from
involvement
with
32
child
care.
The
department
record
check
evaluation
system
may
33
identify
a
period
of
time
after
which
the
person
may
request
34
that
another
record
check
and
evaluation
be
performed.
A
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person
who
continues
involvement
with
child
care
in
violation
1
of
this
subsection
is
subject
to
penalty
under
section
237A.19
2
or
injunction
under
section
237A.20
.
3
k.
If
it
has
been
determined
that
a
child
receiving
child
4
care
from
a
child
care
facility
or
a
child
care
home
is
the
5
victim
of
founded
child
abuse
committed
by
an
employee,
6
license
or
registration
holder,
child
care
home
provider,
or
7
resident
of
the
child
care
facility
or
child
care
home
for
8
which
a
report
is
placed
in
the
central
registry
pursuant
to
9
section
232.71D
,
the
administrator
department
shall
provide
10
notification
at
the
time
of
the
determination
to
the
parents,
11
guardians,
and
custodians
of
children
receiving
care
from
the
12
child
care
facility
or
child
care
home.
A
notification
made
13
under
this
paragraph
shall
identify
the
type
of
abuse
but
shall
14
not
identify
the
victim
or
perpetrator
or
circumstances
of
the
15
founded
abuse.
16
3.
On
or
after
July
1,
1994,
a
A
licensee
or
registrant
17
shall
inform
all
new
applicants
for
employment
of
the
18
possibility
of
the
performance
of
a
record
check
and
shall
19
obtain,
from
the
applicant,
a
signed
acknowledgment
of
the
20
receipt
of
the
information.
21
4.
On
or
after
July
1,
1994,
a
A
licensee
or
registrant
22
shall
include
the
following
inquiry
in
an
application
for
23
employment:
24
Do
you
have
a
record
of
founded
child
or
dependent
adult
abuse
25
or
have
you
ever
been
convicted
of
a
crime,
in
this
state
or
any
26
other
state?
27
5.
A
person
who
serves
as
an
unpaid
volunteer
in
a
child
28
care
facility
shall
not
be
required
to
complete
training
as
a
29
mandatory
reporter
of
child
abuse
under
section
232.69
or
under
30
any
other
requirement.
31
Sec.
744.
Section
237A.6,
Code
2023,
is
amended
to
read
as
32
follows:
33
237A.6
Consultative
services.
34
The
department
shall
,
and
the
director
of
public
health
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may
provide
consultative
services
to
a
person
applying
for
1
a
license
or
registration,
or
licensed
or
registered
by
the
2
administrator
under
this
chapter
.
3
Sec.
745.
Section
237A.8,
Code
2023,
is
amended
to
read
as
4
follows:
5
237A.8
Violations
——
actions
against
license
or
registration.
6
The
administrator
department
,
after
notice
and
opportunity
7
for
an
evidentiary
hearing
before
the
department
of
inspections
8
and
appeals,
may
suspend
or
revoke
a
license
or
certificate
of
9
registration
issued
under
this
chapter
or
may
reduce
a
license
10
to
a
provisional
license
if
the
person
to
whom
a
license
or
11
certificate
is
issued
violates
a
provision
of
this
chapter
or
12
if
the
person
makes
false
reports
regarding
the
operation
of
13
the
child
care
facility
to
the
administrator
or
a
designee
of
14
the
administrator
department
.
The
administrator
department
15
shall
notify
the
parent,
guardian,
or
legal
custodian
of
each
16
child
for
whom
the
person
provides
child
care
at
the
time
17
of
action
to
suspend
or
revoke
a
license
or
certificate
of
18
registration.
19
Sec.
746.
Section
237A.12,
subsections
3
and
4,
Code
2023,
20
are
amended
to
read
as
follows:
21
3.
Rules
relating
to
fire
safety
for
child
care
centers
22
shall
be
adopted
under
this
chapter
by
the
state
fire
marshal
23
in
consultation
with
the
department.
Rules
adopted
by
the
24
state
fire
marshal
for
a
building
which
is
owned
or
leased
by
a
25
school
district
or
accredited
nonpublic
school
and
used
as
a
26
child
care
facility
shall
not
differ
from
standards
adopted
by
27
the
state
fire
marshal
for
school
buildings
under
chapter
100
.
28
Rules
relating
to
sanitation
shall
be
adopted
by
the
department
29
in
consultation
with
the
director
of
public
health
.
All
rules
30
shall
be
developed
in
consultation
with
the
state
child
care
31
advisory
committee.
The
state
fire
marshal
shall
inspect
the
32
facilities.
33
4.
If
a
building
is
owned
or
leased
by
a
school
district
34
or
accredited
nonpublic
school
and
complies
with
standards
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adopted
by
the
state
fire
marshal
for
school
buildings
under
1
chapter
100
,
the
building
is
considered
appropriate
for
use
by
2
a
child
care
facility.
The
rules
adopted
by
the
administrator
3
department
under
this
section
shall
not
require
the
facility
4
to
comply
with
building
requirements
which
differ
from
5
requirements
for
use
of
the
building
as
a
school.
6
Sec.
747.
Section
237A.14,
subsection
4,
Code
2023,
is
7
amended
to
read
as
follows:
8
4.
The
department
of
human
services
shall
adopt
rules
9
pursuant
to
chapter
17A
in
accordance
with
this
section
.
10
Sec.
748.
Section
237A.23,
subsection
1,
Code
2023,
is
11
amended
to
read
as
follows:
12
1.
The
departments
department
and
the
department
of
13
education
,
public
health,
and
human
services
shall
jointly
14
establish
a
leadership
council
for
child
care
training
and
15
development
in
this
state.
In
addition
to
representatives
of
16
the
three
departments,
the
leadership
council
shall
include
17
but
is
not
limited
to
representatives
of
community
colleges,
18
institutions
of
higher
learning
under
the
state
board
of
19
regents
and
private
institutions
of
higher
education,
the
20
Iowa
cooperative
extension
service
in
agriculture
and
home
21
economics,
and
child
care
resource
and
referral
service
22
agencies.
23
Sec.
749.
Section
237A.25,
subsection
1,
Code
2023,
is
24
amended
to
read
as
follows:
25
1.
The
department
shall
develop
consumer
information
26
material
to
assist
parents
in
selecting
a
child
care
provider.
27
In
developing
the
material,
the
department
shall
consult
with
28
department
of
human
services
staff,
department
of
education
29
staff,
the
state
child
care
advisory
committee,
the
early
30
childhood
Iowa
state
board,
and
child
care
resource
and
31
referral
services.
In
addition,
the
department
may
consult
32
with
other
entities
at
the
local,
state,
and
national
level.
33
Sec.
750.
Section
237A.29,
subsection
2,
paragraph
b,
34
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
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follows:
1
A
child
care
provider
that
has
been
found
by
the
department
2
of
inspections
and
appeals
in
an
administrative
proceeding
3
or
in
a
judicial
proceeding
to
have
obtained,
or
has
agreed
4
to
entry
of
a
civil
judgment
or
judgment
by
confession
that
5
includes
a
conclusion
of
law
that
the
child
care
provider
has
6
obtained,
by
fraudulent
means,
public
funding
for
provision
of
7
child
care
in
an
amount
equal
to
or
in
excess
of
the
minimum
8
amount
for
a
fraudulent
practice
in
the
second
degree
under
9
section
714.10,
subsection
1
,
paragraph
“a”
,
shall
be
subject
10
to
sanction
in
accordance
with
this
subsection
.
Such
child
11
care
provider
shall
be
subject
to
a
period
during
which
receipt
12
of
public
funding
for
provision
of
child
care
is
conditioned
13
upon
no
further
violations
and
to
one
or
more
of
the
following
14
sanctions
as
determined
by
the
department
of
human
services
:
15
Sec.
751.
Section
237A.30,
subsection
1,
Code
2023,
is
16
amended
to
read
as
follows:
17
1.
The
department
shall
work
with
the
early
childhood
Iowa
18
office
in
the
department
of
management
program
established
in
19
section
256I.5
and
the
state
child
care
advisory
committee
in
20
designing
and
implementing
a
voluntary
quality
rating
system
21
for
each
provider
type
of
child
care
facility.
22
Sec.
752.
Section
237C.1,
Code
2023,
is
amended
to
read
as
23
follows:
24
237C.1
Definitions.
25
As
used
in
this
chapter
,
unless
the
context
otherwise
26
requires:
27
1.
“Administrator”
means
the
administrator
of
that
division
28
of
the
department
designated
by
the
director
of
human
services
29
to
administer
this
chapter
or
the
administrator’s
designee.
30
2.
1.
“Child”
or
“children”
means
an
individual
or
31
individuals
under
eighteen
years
of
age.
32
3.
2.
“Children’s
residential
facility”
means
a
private
33
facility
designed
to
serve
children
who
have
been
voluntarily
34
placed
for
reasons
other
than
an
exclusively
recreational
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activity
outside
of
their
home
by
a
parent
or
legal
guardian
1
and
who
are
not
under
the
custody
or
authority
of
the
2
department
of
human
services
,
juvenile
court,
or
another
3
governmental
agency,
that
provides
twenty-four-hour
care,
4
including
food,
lodging,
supervision,
education,
or
other
care
5
on
a
full-time
basis
by
a
person
other
than
a
relative
or
6
guardian
of
the
child,
but
does
not
include
an
entity
providing
7
any
of
the
following:
8
a.
Care
furnished
by
an
individual
who
receives
the
child
of
9
a
personal
friend
as
an
occasional
and
personal
guest
in
the
10
individual’s
home,
free
of
charge
and
not
as
a
business.
11
b.
Care
furnished
by
an
individual
with
whom
a
child
has
12
been
placed
for
lawful
adoption,
unless
that
adoption
is
not
13
completed
within
two
years
after
placement.
14
c.
Child
care
furnished
by
a
child
care
facility
as
defined
15
in
section
237A.1
.
16
d.
Care
furnished
in
a
hospital
licensed
under
chapter
17
135B
or
care
furnished
in
a
health
care
facility
as
defined
in
18
section
135C.1
.
19
e.
Care
furnished
by
a
juvenile
detention
home
or
juvenile
20
shelter
care
home
approved
under
section
232.142
.
21
f.
Care
furnished
by
a
child
foster
care
facility
licensed
22
under
chapter
237
.
23
g.
Care
furnished
by
an
institution
listed
in
section
218.1
.
24
h.
Care
furnished
by
a
facility
licensed
under
chapter
125
.
25
i.
Care
furnished
by
a
psychiatric
medical
institution
for
26
children
licensed
under
chapter
135H
.
27
4.
3.
“Department”
means
the
department
of
health
and
human
28
services.
29
4.
“Director”
means
the
director
of
health
and
human
30
services.
31
Sec.
753.
Section
237C.3,
subsection
1,
Code
2023,
is
32
amended
to
read
as
follows:
33
1.
The
department
of
human
services
shall
consult
with
the
34
department
of
education
,
and
the
department
of
inspections
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and
appeals,
the
department
of
public
health,
the
state
fire
1
marshal,
and
other
agencies
as
determined
by
the
department
2
of
human
services
to
establish
certification
standards
for
3
children’s
residential
facilities
in
accordance
with
this
4
chapter
.
5
Sec.
754.
Section
237C.4,
subsection
3,
Code
2023,
is
6
amended
to
read
as
follows:
7
3.
Rules
governing
sanitation,
water,
and
waste
disposal
8
standards
for
children’s
residential
facilities
shall
be
9
adopted
by
the
department
of
human
services
in
consultation
10
with
the
director
of
public
health
.
11
Sec.
755.
Section
237C.4,
subsection
7,
unnumbered
12
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
13
Prior
to
establishing,
proposing,
adopting,
or
modifying
a
14
standard
or
rule
under
section
237C.3
,
this
section,
or
section
15
282.34
,
the
department
of
human
services
or
the
department
of
16
education,
as
applicable,
shall,
at
a
minimum,
do
all
of
the
17
following:
18
Sec.
756.
Section
237C.5,
Code
2023,
is
amended
to
read
as
19
follows:
20
237C.5
Certificate
of
approval
——
certification
required.
21
A
person
shall
not
operate
a
children’s
residential
facility
22
without
a
certificate
of
approval
to
operate
issued
by
the
23
administrator
department
under
this
chapter
.
24
Sec.
757.
Section
237C.6,
subsections
1
and
3,
Code
2023,
25
are
amended
to
read
as
follows:
26
1.
A
person
shall
apply
for
a
certificate
to
operate
a
27
children’s
residential
facility
by
completing
and
submitting
28
to
the
administrator
department
an
application
in
a
form
29
and
format
approved
by
the
administrator
department
.
The
30
administrator
department
shall
issue
or
reissue
a
certificate
31
of
approval
if
the
administrator
department
determines
that
32
the
applicant
is
or
upon
commencing
operation
will
provide
33
children’s
residential
facility
services
in
compliance
with
34
this
chapter
.
A
certificate
of
approval
is
valid
for
up
to
one
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year
from
the
date
of
issuance
for
the
period
determined
by
1
the
administrator
department
in
accordance
with
administrative
2
rules
providing
criteria
for
making
the
determination.
3
3.
The
administrator
department
may
deny
an
application
4
for
issuance
or
reissuance
of
a
certificate
of
approval
or
5
suspend
or
revoke
a
certificate
of
approval
if
the
applicant
6
or
certificate
holder,
as
applicable,
fails
to
comply
with
7
this
chapter
or
the
rules
adopted
pursuant
to
this
chapter
or
8
knowingly
makes
a
false
statement
concerning
a
material
fact
or
9
conceals
a
material
fact
on
the
application
for
the
issuance
10
or
reissuance
of
a
certificate
of
approval
or
in
a
report
11
regarding
operation
of
the
children’s
residential
facility
12
submitted
to
the
administrator
department
.
All
operations
of
a
13
children’s
residential
facility
shall
cease
during
a
period
of
14
suspension
or
revocation.
The
administrator
department
shall
15
suspend
or
revoke
a
certificate
of
approval
of
a
children’s
16
residential
facility
that
fails
to
comply
with
section
282.34
.
17
Sec.
758.
Section
237C.8,
Code
2023,
is
amended
to
read
as
18
follows:
19
237C.8
Reports
and
inspections.
20
The
administrator
department
may
require
submission
of
21
reports
by
a
certificate
of
approval
holder
and
shall
cause
22
at
least
one
annual
unannounced
inspection
of
a
children’s
23
residential
facility
to
assess
compliance
with
applicable
24
requirements
and
standards.
The
inspections
shall
be
conducted
25
by
the
department
of
inspections
and
appeals
in
addition
to
26
initial,
renewal,
and
other
inspections
that
result
from
27
complaints
or
self-reported
incidents.
The
department
of
28
inspections
and
appeals
and
the
department
of
human
services
29
may
examine
records
of
a
children’s
residential
facility
and
30
may
inquire
into
matters
concerning
the
children’s
residential
31
facility
and
its
employees,
volunteers,
and
subcontractors
32
relating
to
requirements
and
standards
for
children’s
33
residential
facilities
under
this
chapter
.
34
Sec.
759.
Section
238.1,
Code
2023,
is
amended
to
read
as
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follows:
1
238.1
Definitions.
2
For
the
purpose
of
this
chapter
unless
the
context
otherwise
3
requires:
4
1.
“Administrator”
means
the
administrator
of
the
division
5
of
child
and
family
services
of
the
department
of
human
6
services.
7
2.
1.
“Child”
means
the
same
as
defined
in
section
234.1
.
8
3.
2.
“Child-placing
agency”
or
“agency”
means
any
agency,
9
whether
public,
semipublic,
or
private,
which
represents
that
10
the
agency
places
children
permanently
or
temporarily
in
11
private
family
homes
or
receives
children
for
placement
in
12
private
family
homes,
or
which
actually
engages
for
gain
or
13
otherwise
in
the
placement
of
children
in
private
family
homes.
14
“Agency”
includes
individuals,
institutions,
partnerships,
15
voluntary
associations,
and
corporations,
other
than
16
institutions
under
the
management
or
control
of
the
department.
17
3.
“Council”
means
the
council
on
health
and
human
services.
18
4.
“Department”
means
the
department
of
health
and
human
19
services.
20
5.
“Director”
means
the
director
of
health
and
human
21
services.
22
4.
“Person”
or
“agency”
shall
include
individuals,
23
institutions,
partnerships,
voluntary
associations,
and
24
corporations,
other
than
institutions
under
the
management
or
25
control
of
any
division
or
any
administrator
of
the
department
26
of
human
services.
27
5.
“State
division”
means
the
same
as
defined
in
section
28
234.1
.
29
Sec.
760.
Section
238.3,
Code
2023,
is
amended
to
read
as
30
follows:
31
238.3
Authority
to
license.
32
The
administrator
department
may
grant
a
license
under
this
33
chapter
for
the
period
specified
in
section
238.9
for
the
34
conduct
operation
of
any
a
child-placing
agency
in
this
state.
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Sec.
761.
Section
238.4,
Code
2023,
is
amended
to
read
as
1
follows:
2
238.4
Granting
of
license
conditional.
3
No
such
A
license
shall
not
be
issued
under
this
chapter
4
unless
the
person
applying
shall
have
shown
applicant
shows
5
that
the
person
applicant
and
the
person’s
applicant’s
agents
6
are
properly
equipped
by
training
and
experience
to
find
and
7
select
suitable
temporary
or
permanent
homes
for
children
and
8
to
supervise
such
the
homes
when
in
which
the
children
are
9
placed
in
them,
to
the
end
that
safeguard
the
health,
morality,
10
and
general
well-being
of
the
children
placed
by
them
shall
be
11
properly
safeguarded
.
12
Sec.
762.
Section
238.5,
Code
2023,
is
amended
to
read
as
13
follows:
14
238.5
License
required.
15
No
A
person
shall
conduct
not
operate
a
child-placing
16
agency
or
solicit
or
receive
funds
for
its
the
support
of
a
17
child-placing
agency
without
an
unrevoked
license
issued
by
the
18
administrator
department
within
the
preceding
twelve
months
19
preceding
to
conduct
such
agency
.
20
Sec.
763.
Section
238.6,
Code
2023,
is
amended
to
read
as
21
follows:
22
238.6
Form
of
license.
23
The
license
shall
state
the
name
of
the
licensee
and
the
24
particular
premises
in
which
the
business
agency
may
be
carried
25
on
operated
.
26
Sec.
764.
Section
238.7,
Code
2023,
is
amended
to
read
as
27
follows:
28
238.7
Posting
of
license.
29
Such
A
license
shall
be
kept
posted
in
a
conspicuous
place
on
30
the
licensed
premises.
31
Sec.
765.
Section
238.8,
Code
2023,
is
amended
to
read
as
32
follows:
33
238.8
Record
of
license.
34
A
record
of
the
licenses
so
issued
by
the
department
under
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this
chapter
shall
be
kept
maintained
by
the
administrator
1
department
.
2
Sec.
766.
Section
238.10,
Code
2023,
is
amended
to
read
as
3
follows:
4
238.10
Revocation
of
license.
5
The
administrator
department
may,
after
due
notice
and
6
hearing,
revoke
the
license
if
any
of
the
following
applies
:
7
1.
In
case
the
person
to
whom
the
same
is
issued
The
8
licensee
violates
any
provision
of
this
chapter
.
9
2.
When
in
the
opinion
of
the
administrator
such
the
10
agency
is
maintained
in
such
a
way
as
to
waste
or
misuse
funds
11
contributed
by
the
public
or
without
due
regard
to
sanitation
12
or
hygiene
or
to
the
health,
comfort,
or
well-being
of
the
13
child
cared
for
or
placed
by
the
agency.
14
3.
In
case
of
violation
by
the
The
licensee
or
the
15
licensee’s
agents
of
violate
any
law
of
the
state
in
a
manner
16
disclosing
moral
turpitude
or
unfitness
to
maintain
such
the
17
agency.
18
4.
In
case
any
such
The
agency
is
conducted
operated
by
a
19
person
of
ill
repute
or
bad
moral
character.
20
5.
In
case
said
The
agency
operates
in
persistent
violation
21
of
the
reasonable
regulations
of
the
administrator
governing
22
such
agencies.
23
Sec.
767.
Section
238.11,
Code
2023,
is
amended
to
read
as
24
follows:
25
238.11
Written
charges
——
findings
——
notice.
26
Written
charges
against
the
licensee
shall
be
served
upon
27
the
licensee
at
least
ten
days
before
a
hearing
shall
be
had
28
thereon
on
the
charges
and
a
written
copy
of
the
findings
29
and
decisions
of
the
administrator
upon
department
following
30
the
hearing
shall
be
served
upon
the
licensee
in
the
manner
31
prescribed
for
the
service
of
original
notice
in
civil
actions.
32
Sec.
768.
Section
238.12,
Code
2023,
is
amended
to
read
as
33
follows:
34
238.12
Appeal
——
judicial
review.
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1.
Any
A
licensee
feeling
aggrieved
by
any
a
decision
of
1
the
administrator
department
revoking
the
licensee’s
license
2
may
appeal
to
the
council
on
human
services
in
the
manner
of
3
form
prescribed
by
such
the
council.
The
council
shall,
upon
4
receipt
of
such
an
appeal
,
give
the
licensee
reasonable
notice
5
and
opportunity
for
a
fair
hearing
before
such
the
council
6
or
its
duly
authorized
representative
or
representatives
.
7
Following
such
the
hearing
the
council
on
human
services
shall
8
take
its
final
action
and
notify
the
licensee
in
writing.
9
2.
Judicial
review
of
the
actions
of
the
council
may
be
10
sought
in
accordance
with
the
terms
of
the
Iowa
administrative
11
procedure
Act,
chapter
17A
.
12
Sec.
769.
Section
238.16,
Code
2023,
is
amended
to
read
as
13
follows:
14
238.16
Rules
and
regulations.
15
It
shall
be
the
duty
of
the
administrator
to
provide
such
16
The
department
shall
prescribe
general
regulations
and
rules
17
for
the
conduct
of
all
such
child-placing
agencies
as
shall
be
18
necessary
to
effect
the
purposes
of
this
chapter
and
of
all
19
other
applicable
laws
of
the
state
relating
to
children
so
far
20
as
the
same
are
applicable
,
and
to
safeguard
the
well-being
of
21
children
placed
or
cared
for
by
such
agencies.
22
Sec.
770.
Section
238.17,
Code
2023,
is
amended
to
read
as
23
follows:
24
238.17
Forms
for
registration
and
record
——
preservation
and
25
maintenance
.
26
1.
The
administrator
department
shall
prescribe
forms
for
27
the
registration
and
record
of
persons
children
cared
for
by
28
any
child-placing
agency
licensed
under
this
chapter
and
for
29
reports
required
by
said
administrator
the
department
from
the
30
agencies.
31
2.
If,
for
any
reason,
a
child-placing
agency
as
defined
32
by
section
238.1
shall
cease
ceases
to
exist,
all
records
of
33
registration
and
placement
and
all
other
records
of
any
kind
34
and
character
kept
maintained
by
such
the
child-placing
agency
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shall
be
turned
over
to
the
administrator
department
,
for
1
preservation,
to
be
kept
preserved
and
maintained
by
the
said
2
administrator
department
as
a
permanent
record.
3
Sec.
771.
Section
238.18,
Code
2023,
is
amended
to
read
as
4
follows:
5
238.18
Duty
of
licensee.
6
1.
A
child-placing
agency
licensed
under
this
chapter
shall
7
keep
maintain
a
record
and
make
reports
in
the
form
to
be
8
prescribed
by
the
administrator
department
.
9
2.
For
a
child
being
placed
by
the
agency,
the
agency’s
10
duties
shall
include
compliance
with
the
requirements
of
11
section
232.108
relating
to
visitation
or
ongoing
interaction
12
between
the
child
and
the
child’s
siblings.
13
Sec.
772.
Section
238.19,
Code
2023,
is
amended
to
read
as
14
follows:
15
238.19
Inspection
generally.
16
Authorized
employees
of
the
department
of
inspections
and
17
appeals
may
inspect
the
premises
and
conditions
of
the
agency
18
at
any
time
,
and
examine
every
part
of
the
agency
;
,
and
may
19
inquire
into
all
matters
concerning
the
agency
and
the
children
20
in
the
care
of
the
agency.
21
Sec.
773.
Section
238.22,
Code
2023,
is
amended
to
read
as
22
follows:
23
238.22
Licensee
to
aid
inspection.
24
The
licensees
A
licensee
shall
give
provide
all
reasonable
25
information
to
such
inspectors
authorized
under
this
chapter
26
and
afford
them
the
inspectors
every
reasonable
facility
means
27
for
obtaining
pertinent
information.
28
Sec.
774.
Section
238.24,
Code
2023,
is
amended
to
read
as
29
follows:
30
238.24
Information
confidential
——
exceptions.
31
1.
Except
as
authorized
by
this
section
,
a
person
who
32
acquires
under
this
chapter
or
from
the
records
provided
for
in
33
this
chapter
,
information
relative
to
any
agency
,
or
relative
34
to
any
individual
cared
for
by
the
agency
,
or
relative
to
any
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relative
of
the
individual,
shall
not
directly
or
indirectly
1
disclose
the
information.
2
2.
Disclosure
of
information
acquired
under
this
chapter
3
or
from
the
records
provided
for
in
this
chapter
is
authorized
4
under
any
of
the
following
circumstances:
5
a.
Disclosure
made
upon
inquiry
before
a
court
of
law,
6
or
before
some
other
tribunal,
or
for
the
information
of
the
7
governor,
general
assembly,
medical
examiners,
administrator,
8
Iowa
department
of
public
health
director
,
or
the
local
board
9
of
health
in
the
jurisdiction
where
the
agency
is
located.
10
b.
Disclosure
may
be
made
by
the
administrator
director
to
11
proper
persons
as
may
be
in
the
interest
of
a
child
cared
for
by
12
the
agency
or
in
the
interest
of
the
child’s
parents
or
foster
13
parents
and
not
inimical
to
the
child,
or
as
may
be
necessary
14
to
protect
the
interests
of
the
child’s
prospective
foster
15
parents.
However,
disclosure
of
termination
and
adoption
16
records
shall
be
governed
by
the
provisions
of
sections
600.16
17
and
600.16A
.
18
c.
Disclosure
for
purposes
of
statistical
analysis
performed
19
by
duly
authorized
persons
of
data
collected
under
this
chapter
20
or
the
publication
of
the
results
of
such
analysis
in
such
21
manner
as
will
not
disclose
confidential
information.
22
Sec.
775.
Section
238.31,
Code
2023,
is
amended
to
read
as
23
follows:
24
238.31
Inspection
of
foster
homes.
25
The
administrator
department
shall
be
satisfied
ensure
that
26
each
licensed
child-placing
agency
is
maintaining
maintains
27
proper
standards
in
its
work
,
and
said
administrator
may
at
28
any
time
cause
the
child
and
home
in
which
the
child
has
been
29
placed
to
be
visited
by
the
administrator’s
director’s
agents
30
for
the
purpose
of
ascertaining
whether
the
home
is
a
suitable
31
one
for
the
child,
and
may
continue
to
visit
and
inspect
the
32
foster
home
and
the
conditions
therein
in
the
foster
home
as
33
they
affect
said
the
child.
34
Sec.
776.
Section
238.32,
Code
2023,
is
amended
to
read
as
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follows:
1
238.32
Authority
to
agencies.
2
Any
institution
incorporated
under
the
laws
of
this
state
3
or
maintained
for
the
purpose
of
caring
for,
placing
out
for
4
adoption,
or
otherwise
improving
the
condition
of
unfortunate
5
children
may,
under
the
conditions
An
agency
as
specified
6
in
this
chapter
and
when
licensed
in
accordance
with
the
7
provisions
of
this
chapter
may
do
any
of
the
following
:
8
1.
Receive
children
in
need
of
assistance
,
or
delinquent
9
children
who
are
under
eighteen
years
of
age
,
under
commitment
10
from
found
to
have
committed
a
delinquent
act
by
the
juvenile
11
court,
and
control
and
dispose
of
them
provide
for
the
12
disposition
of
the
children
subject
to
the
provisions
of
13
chapter
232
and
chapter
600A
.
14
2.
Receive
,
control,
and
dispose
and
provide
for
the
15
disposition
of
all
minor
children
voluntarily
surrendered
to
16
such
institutions
the
agency
.
17
Sec.
777.
Section
238.42,
Code
2023,
is
amended
to
read
as
18
follows:
19
238.42
Agreement
in
child
placements.
20
Every
An
agency
placing
a
child
in
a
foster
home
shall
enter
21
into
a
written
agreement
with
the
person
taking
the
child
,
22
which
.
The
agreement
shall
provide
that
the
agency
placing
the
23
child
shall
have
access
at
all
reasonable
times
to
such
the
24
child
and
to
the
home
in
which
the
child
is
living,
and
for
the
25
return
of
the
child
by
the
person
taking
may
remove
the
child
26
from
the
home
whenever,
in
the
opinion
of
the
agency
placing
27
such
child,
or
in
the
opinion
of
the
administrator
department
,
28
removal
is
in
the
best
interests
of
the
child
shall
require
it
.
29
Sec.
778.
Section
238.45,
Code
2023,
is
amended
to
read
as
30
follows:
31
238.45
Penalty.
32
Every
A
person
who
violates
any
of
the
provisions
provision
33
of
this
chapter
or
who
intentionally
shall
make
makes
any
false
34
statements
or
reports
to
the
administrator
with
reference
to
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the
matters
contained
herein
department
relative
to
a
provision
1
of
this
chapter
,
shall
be
is
guilty
of
a
fraudulent
practice.
2
Sec.
779.
Section
239A.2,
unnumbered
paragraph
1,
Code
3
2023,
is
amended
to
read
as
follows:
4
The
department
of
workforce
development,
in
consultation
5
with
the
director
of
health
and
human
services,
shall
establish
6
a
procedure
for
assignment
of
persons
referred
under
section
7
239A.1
to
positions
available
in
public
works
projects.
The
8
department
of
workforce
development
shall
arrange
with
units
of
9
local
government
for
establishment
of
such
projects,
which
may
10
include
any
type
of
work
or
endeavor
that
is
within
the
scope
11
of
authority
of
the
unit
of
local
government
involved
so
long
12
as
the
project
meets
the
following
requirements:
13
Sec.
780.
Section
239B.1,
subsection
4,
Code
2023,
is
14
amended
to
read
as
follows:
15
4.
“Department”
means
the
department
of
health
and
human
16
services.
17
Sec.
781.
Section
239B.1,
Code
2023,
is
amended
by
adding
18
the
following
new
subsection:
19
NEW
SUBSECTION
.
4A.
“Director”
means
the
director
of
health
20
and
human
services.
21
Sec.
782.
Section
239B.2,
subsection
6,
Code
2023,
is
22
amended
to
read
as
follows:
23
6.
Cooperation
with
child
support
requirements.
The
24
department
shall
provide
for
prompt
notification
of
the
25
department’s
child
support
recovery
unit
services
if
assistance
26
is
provided
to
a
child
whose
parent
is
absent
from
the
home.
27
An
applicant
or
participant
shall
cooperate
with
the
child
28
support
recovery
unit
services
and
the
department
as
provided
29
in
42
U.S.C.
§608(a)(2)
unless
the
applicant
or
participant
30
qualifies
for
good
cause
or
other
exception
as
determined
31
by
the
department
in
accordance
with
the
best
interest
of
32
the
child,
parent,
or
specified
relative,
and
with
standards
33
prescribed
by
rule.
The
authorized
good
cause
or
other
34
exceptions
shall
include
participation
in
a
family
investment
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agreement
safety
plan
option
to
address
or
prevent
family
or
1
domestic
violence
and
other
consideration
given
to
the
presence
2
of
family
or
domestic
violence.
If
a
specified
relative
with
3
whom
a
child
is
residing
fails
to
comply
with
these
cooperation
4
requirements,
a
sanction
shall
be
imposed
as
defined
by
rule
in
5
accordance
with
state
and
federal
law.
6
Sec.
783.
Section
239B.8,
subsection
6,
Code
2023,
is
7
amended
to
read
as
follows:
8
6.
Confidential
information
disclosure.
If
approved
by
9
the
director
of
human
services
or
the
director’s
designee
10
pursuant
to
a
written
request,
the
department
shall
disclose
11
confidential
information
described
in
section
217.30,
12
subsection
2
,
to
other
state
agencies
or
to
any
other
entity
13
which
is
not
subject
to
the
provisions
of
chapter
17A
and
is
14
providing
services
to
a
participant
family
who
is
subject
to
15
a
family
investment
agreement,
if
necessary
in
order
for
the
16
participant
family
to
receive
the
services.
The
department
17
shall
adopt
rules
establishing
standards
for
disclosure
of
18
confidential
information
if
disclosure
is
necessary
in
order
19
for
a
participant
to
receive
services.
20
Sec.
784.
Section
239B.9,
subsection
1,
paragraph
a,
Code
21
2023,
is
amended
to
read
as
follows:
22
a.
If
a
participant
responsible
for
signing
and
fulfilling
23
the
terms
of
a
family
investment
agreement,
as
defined
by
the
24
director
of
human
services
in
accordance
with
section
239B.8
,
25
chooses
not
to
sign
or
fulfill
the
terms
of
the
agreement,
the
26
participant’s
family,
or
the
individual
participant
shall
enter
27
into
a
limited
benefit
plan.
Initial
actions
in
a
written
28
statement
under
section
239B.2,
subsection
4
,
which
were
29
committed
to
by
a
participant
during
the
application
period
30
and
which
commitment
remains
in
effect,
shall
be
considered
to
31
be
a
term
of
the
participant’s
family
investment
agreement.
32
A
limited
benefit
plan
shall
apply
for
the
period
of
time
33
specified
in
this
section
.
The
first
month
of
the
limited
34
benefit
plan
is
the
first
month
after
the
month
in
which
timely
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and
adequate
notice
of
the
limited
benefit
plan
is
given
to
the
1
participant
as
defined
by
the
director
of
human
services
.
The
2
elements
of
a
limited
benefit
plan
shall
be
specified
in
the
3
department’s
rules.
4
Sec.
785.
Section
239B.9,
subsection
3,
paragraphs
a
and
c,
5
Code
2023,
are
amended
to
read
as
follows:
6
a.
A
participant
who
does
not
establish
an
orientation
7
appointment
with
the
JOBS
program
or
who
fails
to
keep
or
8
reschedule
an
orientation
appointment
shall
receive
a
reminder
9
letter
which
informs
the
participant
that
those
who
do
not
10
attend
orientation
have
elected
to
choose
a
limited
benefit
11
plan.
A
participant
who
chooses
not
to
respond
to
the
reminder
12
letter
within
ten
calendar
days
from
the
mailing
date
shall
13
receive
notice
establishing
the
effective
date
of
the
limited
14
benefit
plan.
If
a
participant
is
deemed
to
have
chosen
a
15
limited
benefit
plan,
timely
and
adequate
notice
provisions,
as
16
determined
by
the
director
of
human
services
,
shall
apply.
17
c.
A
participant
who
has
signed
a
family
investment
18
agreement
but
then
chooses
a
limited
benefit
plan
under
19
circumstances
defined
by
the
director
of
human
services
.
20
Sec.
786.
Section
239B.12,
Code
2023,
is
amended
to
read
as
21
follows:
22
239B.12
Immunization.
23
1.
To
the
extent
feasible,
the
department
shall
determine
24
the
immunization
status
of
children
receiving
assistance
under
25
this
chapter
.
The
status
shall
be
determined
in
accordance
26
with
the
immunization
recommendations
adopted
by
the
Iowa
27
department
of
public
health
under
section
139A.8
,
including
the
28
exemption
provisions
in
section
139A.8,
subsection
4
.
If
the
29
department
determines
a
child
is
not
in
compliance
with
the
30
immunization
recommendations,
the
department
shall
refer
the
31
child’s
parent
or
guardian
to
a
local
public
health
agency
for
32
immunization
services
for
the
child
and
other
members
of
the
33
child’s
family.
34
2.
The
department
of
human
services
shall
cooperate
with
the
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Iowa
department
of
public
health
to
establish
an
interagency
1
agreement
allowing
the
sharing
of
pertinent
client
data,
as
2
permitted
under
federal
law
and
regulation,
for
the
purposes
3
of
determining
determine
immunization
rates
of
participants,
4
evaluating
evaluate
family
investment
program
efforts
to
5
encourage
immunizations,
and
developing
develop
strategies
to
6
further
encourage
immunization
of
participants.
7
Sec.
787.
Section
239B.16,
Code
2023,
is
amended
to
read
as
8
follows:
9
239B.16
Appeal
——
judicial
review.
10
If
an
applicant’s
application
is
not
acted
upon
within
11
a
reasonable
time,
if
it
is
denied
in
whole
or
in
part,
or
12
if
a
participant’s
assistance
or
other
benefits
under
this
13
chapter
are
modified,
suspended,
or
canceled
under
a
provision
14
of
this
chapter
,
the
applicant
or
participant
may
appeal
to
15
the
department
of
human
services
which
shall
request
the
16
department
of
inspections
and
appeals
to
conduct
a
hearing.
17
Upon
completion
of
a
hearing,
the
department
of
inspections
18
and
appeals
shall
issue
a
decision
which
is
subject
to
review
19
by
the
department
of
human
services
.
Judicial
review
of
the
20
actions
of
the
department
of
human
services
may
be
sought
in
21
accordance
with
chapter
17A
.
Upon
receipt
of
a
notice
of
22
the
filing
of
a
petition
for
judicial
review,
the
department
23
of
human
services
shall
furnish
the
petitioner
with
a
copy
24
of
any
papers
filed
in
support
of
the
petitioner’s
position,
25
a
transcript
of
any
testimony
taken,
and
a
copy
of
the
26
department’s
decision.
27
Sec.
788.
Section
239B.17,
subsection
1,
Code
2023,
is
28
amended
to
read
as
follows:
29
1.
Program
established.
The
promoting
independence
and
30
self-sufficiency
through
employment
job
opportunities
and
basic
31
skills
program
is
established
for
applicants
and
participants
32
of
the
family
investment
program.
The
requirements
of
the
33
JOBS
program
shall
vary
as
provided
in
the
family
investment
34
agreement
applicable
to
a
family.
The
department
of
workforce
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development,
economic
development
authority,
department
of
1
education,
and
all
other
state,
county,
and
public
educational
2
agencies
and
institutions
providing
vocational
rehabilitation,
3
adult
education,
or
vocational
or
technical
training
shall
4
assist
and
cooperate
in
the
JOBS
program.
The
departments,
5
agencies,
and
institutions
shall
make
agreements
and
6
arrangements
for
maximum
cooperation
and
use
of
all
available
7
resources
in
the
program.
The
department
of
human
services
8
may
contract
with
the
department
of
workforce
development,
the
9
economic
development
authority,
or
another
appropriate
entity
10
to
provide
JOBS
program
services.
11
Sec.
789.
Section
241.1,
Code
2023,
is
amended
to
read
as
12
follows:
13
241.1
Definitions.
14
As
used
in
this
chapter
,
unless
the
context
otherwise
15
requires:
16
1.
“Department”
means
the
department
of
health
and
human
17
services.
18
2.
“Director”
means
the
director
of
health
and
human
19
services.
20
1.
3.
“Displaced
homemaker”
means
an
individual
who
meets
21
all
of
the
following
criteria:
22
a.
Has
worked
principally
in
the
home
providing
unpaid
23
household
services
for
family
members.
24
b.
Is
not
gainfully
employed.
25
c.
Has
had,
or
would
apparently
have,
difficulty
finding
26
appropriate
paid
employment.
27
d.
Has
been
dependent
on
the
income
of
another
family
28
member
but
is
no
longer
supported
by
that
income,
is
or
has
29
been
dependent
on
government
assistance,
or
is
supported
as
the
30
parent
of
a
child
who
is
sixteen
or
seventeen
years
of
age.
31
2.
“Department”
means
the
department
of
human
services.
32
3.
“Director”
means
the
director
of
the
department
of
human
33
services.
34
Sec.
790.
Section
241.3,
subsection
2,
Code
2023,
is
amended
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to
read
as
follows:
1
2.
The
department
shall
consult
and
cooperate
with
the
2
department
of
workforce
development,
the
United
States
3
commissioner
of
social
security
administration,
the
office
on
4
the
status
of
women
of
the
department
of
human
rights
,
the
5
department
of
education,
and
other
persons
in
the
executive
6
branch
of
the
state
government
as
the
department
considers
7
appropriate
to
facilitate
the
coordination
of
multipurpose
8
service
programs
established
under
this
chapter
with
existing
9
programs
of
a
similar
nature.
10
Sec.
791.
Section
249.1,
Code
2023,
is
amended
to
read
as
11
follows:
12
249.1
Definitions.
13
As
used
in
this
chapter
:
14
1.
“Council”
means
the
council
on
health
and
human
services.
15
1.
2.
“Department”
means
the
department
of
health
and
human
16
services.
17
2.
3.
“Director”
means
the
director
of
health
and
human
18
services.
19
3.
4.
“Federal
supplemental
security
income”
means
cash
20
payments
made
to
individuals
by
the
United
States
government
21
under
Tit.
XVI
of
the
Social
Security
Act
as
amended
by
Pub.
L.
22
No.
92-603,
or
any
other
amendments
thereto.
23
4.
5.
“Previous
categorical
assistance
programs”
means
the
24
aid
to
the
blind
program
authorized
by
chapter
241
,
the
aid
to
25
the
disabled
program
authorized
by
chapter
241A
and
the
old-age
26
assistance
program
authorized
by
chapter
249,
Code
1973
.
27
5.
6.
“State
supplementary
assistance”
means
cash
payments
28
made
to
individuals:
29
a.
By
the
United
States
government
on
behalf
of
the
state
of
30
Iowa
pursuant
to
section
249.2
.
31
b.
By
the
state
of
Iowa
directly
pursuant
to
sections
249.3
32
through
249.5
.
33
Sec.
792.
Section
249.4,
subsection
1,
Code
2023,
is
amended
34
to
read
as
follows:
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1.
Applications
for
state
supplementary
assistance
shall
be
1
made
in
the
form
and
manner
prescribed
by
the
director
or
the
2
director’s
designee,
with
the
approval
of
the
council
on
human
3
services
,
pursuant
to
chapter
17A
.
Each
person
who
so
applies
4
and
is
found
eligible
under
section
249.3
shall,
so
long
as
the
5
person’s
eligibility
continues,
receive
state
supplementary
6
assistance
on
a
monthly
basis,
from
funds
appropriated
to
the
7
department
for
the
purpose.
8
Sec.
793.
Section
249.5,
Code
2023,
is
amended
to
read
as
9
follows:
10
249.5
Judicial
review.
11
If
an
application
is
not
acted
upon
within
a
reasonable
12
time,
if
it
is
denied
in
whole
or
in
part,
or
if
an
award
13
of
assistance
is
modified,
suspended,
or
canceled
under
a
14
provision
of
this
chapter
,
the
applicant
or
recipient
may
15
appeal
to
the
department
of
human
services
,
which
shall
16
request
the
department
of
inspections
and
appeals
to
conduct
17
a
hearing.
Upon
completion
of
a
hearing,
the
department
of
18
inspections
and
appeals
shall
issue
a
decision
which
is
subject
19
to
review
by
the
department
of
human
services
.
Judicial
20
review
of
the
actions
of
the
department
of
human
services
21
may
be
sought
in
accordance
with
chapter
17A
.
Upon
receipt
22
of
the
petition
for
judicial
review,
the
department
of
human
23
services
shall
furnish
the
petitioner
with
a
copy
of
any
24
papers
filed
by
the
petitioner
in
support
of
the
petitioner’s
25
position,
a
transcript
of
any
testimony
taken,
and
a
copy
of
26
the
department’s
decision.
27
Sec.
794.
Section
249.8,
Code
2023,
is
amended
to
read
as
28
follows:
29
249.8
Cancellation
of
warrants.
30
The
director
of
the
department
of
administrative
services,
31
as
of
January,
April,
July,
and
October
1
of
each
year,
shall
32
stop
payment
on
and
issue
duplicates
of
all
state
supplementary
33
assistance
warrants
which
have
been
outstanding
and
unredeemed
34
by
the
treasurer
of
state
for
six
months
or
longer.
No
A
bond
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of
indemnity
shall
not
be
required
for
the
issuance
of
such
1
the
duplicate
warrants
which
shall
be
canceled
immediately
by
2
the
director
of
the
department
of
administrative
services.
If
3
the
original
warrants
are
subsequently
presented
for
payment,
4
warrants
in
lieu
thereof
of
the
original
warrants
shall
be
5
issued
by
the
director
of
the
department
of
administrative
6
services
at
the
discretion
of
and
upon
certification
by
the
7
director
of
human
services
or
the
director’s
designee.
8
Sec.
795.
Section
249.11,
subsection
2,
Code
2023,
is
9
amended
to
read
as
follows:
10
2.
The
department
of
inspections
and
appeals
shall
conduct
11
investigations
and
audits
as
deemed
necessary
to
ensure
12
compliance
with
state
supplementary
assistance
programs
13
administered
under
this
chapter
.
The
department
of
inspections
14
and
appeals
shall
cooperate
with
the
department
of
human
15
services
on
the
development
of
procedures
relating
to
such
16
investigations
and
audits
to
ensure
compliance
with
federal
and
17
state
single
state
agency
requirements.
18
Sec.
796.
Section
249.12,
subsections
1
and
2,
Code
2023,
19
are
amended
to
read
as
follows:
20
1.
In
order
to
assure
that
the
necessary
data
is
available
21
to
aid
the
general
assembly
to
determine
appropriate
funding
22
for
the
custodial
care
program,
the
department
of
human
23
services
shall
develop
a
cost-related
system
for
financial
24
supplementation
to
individuals
who
need
custodial
care
and
who
25
have
insufficient
resources
to
purchase
the
care
needed.
26
2.
All
privately
operated
licensed
custodial
facilities
in
27
Iowa
shall
cooperate
with
the
department
of
human
services
to
28
develop
the
cost-related
plan.
29
Sec.
797.
Section
249A.2,
subsections
1
and
2,
Code
2023,
30
are
amended
to
read
as
follows:
31
1.
“Department”
means
the
department
of
health
and
human
32
services.
33
2.
“Director”
means
the
director
of
health
and
human
34
services.
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Sec.
798.
Section
249A.4,
subsection
10,
paragraph
c,
1
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
2
to
read
as
follows:
3
A
nursing
facility
that
utilizes
the
supplementation
option
4
and
receives
supplementation
under
this
subsection
during
any
5
calendar
year
shall
report
to
the
department
of
human
services
6
annually,
by
January
15,
the
following
information
for
the
7
preceding
calendar
year:
8
Sec.
799.
Section
249A.4,
subsection
11,
Code
2023,
is
9
amended
to
read
as
follows:
10
11.
Shall
provide
an
opportunity
for
a
fair
hearing
before
11
the
department
of
inspections
and
appeals
to
an
individual
12
whose
claim
for
medical
assistance
under
this
chapter
is
13
denied
or
is
not
acted
upon
with
reasonable
promptness.
Upon
14
completion
of
a
hearing,
the
department
of
inspections
and
15
appeals
shall
issue
a
decision
which
is
subject
to
review
by
16
the
department
of
human
services
.
Judicial
review
of
the
17
decisions
of
the
department
of
human
services
may
be
sought
in
18
accordance
with
chapter
17A
.
If
a
petition
for
judicial
review
19
is
filed,
the
department
of
human
services
shall
furnish
the
20
petitioner
with
a
copy
of
the
application
and
all
supporting
21
papers,
a
transcript
of
the
testimony
taken
at
the
hearing,
if
22
any,
and
a
copy
of
its
decision.
23
Sec.
800.
Section
249A.4B,
Code
2023,
is
amended
to
read
as
24
follows:
25
249A.4B
Medical
assistance
advisory
council.
26
1.
A
medical
assistance
advisory
council
is
created
to
27
comply
with
42
C.F.R.
§431.12
based
on
section
1902(a)(4)
of
28
the
federal
Social
Security
Act
and
to
advise
the
director
29
about
health
and
medical
care
services
under
the
medical
30
assistance
program.
The
council
shall
meet
no
more
than
31
quarterly.
The
director
of
director’s
designee
responsible
32
for
public
health
or
their
designee
and
a
public
member
of
the
33
council
selected
by
the
public
members
of
the
council
shall
34
serve
as
co-chairpersons
of
the
council.
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2.
a.
The
council
shall
consist
of
the
following
voting
1
members:
2
(1)
Five
professional
or
business
entity
members
selected
3
by
the
entities
specified
pursuant
to
subsection
3
,
paragraph
4
“a”
.
5
(2)
Five
public
members
appointed
pursuant
to
subsection
3
,
6
paragraph
“b”
.
Of
the
five
public
members,
at
least
one
member
7
shall
be
a
recipient
of
medical
assistance.
8
b.
The
council
shall
include
all
of
the
following
nonvoting
9
members:
10
(1)
The
director
of
public
health,
or
the
director’s
11
designee
responsible
for
public
health
or
their
designee
.
12
(2)
The
director
of
the
department
on
aging,
or
the
13
director’s
designee.
14
(3)
(2)
The
long-term
care
ombudsman,
or
the
long-term
care
15
ombudsman’s
designee.
16
(4)
(3)
The
dean
of
Des
Moines
university
——
college
of
17
osteopathic
medical
center
medicine
,
or
the
dean’s
designee.
18
(5)
(4)
The
dean
of
the
university
of
Iowa
college
of
19
medicine,
or
the
dean’s
designee.
20
(6)
(5)
A
member
of
the
hawk-i
Hawki
board
created
in
21
section
514I.5
,
selected
by
the
members
of
the
hawk-i
Hawki
22
board.
23
(7)
(6)
The
following
members
of
the
general
assembly,
each
24
for
a
term
of
two
years
as
provided
in
section
69.16B
:
25
(a)
Two
members
of
the
house
of
representatives,
one
26
appointed
by
the
speaker
of
the
house
of
representatives
27
and
one
appointed
by
the
minority
leader
of
the
house
of
28
representatives
from
their
respective
parties.
29
(b)
Two
members
of
the
senate,
one
appointed
by
the
30
president
of
the
senate
after
consultation
with
the
majority
31
leader
of
the
senate
and
one
appointed
by
the
minority
leader
32
of
the
senate.
33
3.
The
voting
membership
of
the
council
shall
be
selected
34
or
appointed
as
follows:
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a.
The
five
professional
or
business
entity
members
shall
1
be
selected
by
the
entities
specified
under
this
paragraph
2
“a”
.
The
five
professional
or
business
entity
members
selected
3
shall
be
the
president,
or
the
president’s
representative,
4
of
the
professional
or
business
entity,
or
a
member
of
the
5
professional
or
business
entity,
designated
by
the
entity.
6
(1)
The
Iowa
medical
society.
7
(2)
The
Iowa
osteopathic
medical
association.
8
(3)
The
Iowa
academy
of
family
physicians.
9
(4)
The
Iowa
chapter
of
the
American
academy
of
pediatrics.
10
(5)
The
Iowa
physical
therapy
association.
11
(6)
The
Iowa
dental
association.
12
(7)
The
Iowa
nurses
association.
13
(8)
The
Iowa
pharmacy
association.
14
(9)
The
Iowa
podiatric
medical
society.
15
(10)
The
Iowa
optometric
association.
16
(11)
The
Iowa
association
of
community
providers.
17
(12)
The
Iowa
psychological
association.
18
(13)
The
Iowa
psychiatric
society.
19
(14)
The
Iowa
chapter
of
the
national
association
of
social
20
workers.
21
(15)
The
coalition
for
family
and
children’s
services
in
22
Iowa.
23
(16)
The
Iowa
hospital
association.
24
(17)
The
Iowa
association
of
rural
health
clinics.
25
(18)
The
Iowa
primary
care
association.
26
(19)
Free
clinics
of
Iowa.
27
(20)
The
opticians’
association
of
Iowa,
inc.
28
(21)
The
Iowa
association
of
hearing
health
professionals.
29
(22)
The
Iowa
speech
and
hearing
association.
30
(23)
The
Iowa
health
care
association.
31
(24)
The
Iowa
association
of
area
agencies
on
aging.
32
(25)
AARP.
33
(26)
The
Iowa
caregivers
association.
34
(27)
Leading
age
Iowa.
35
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(28)
The
Iowa
association
for
home
care.
1
(29)
The
Iowa
council
of
health
care
centers.
2
(30)
The
Iowa
physician
assistant
society.
3
(31)
The
Iowa
association
of
nurse
practitioners.
4
(32)
The
Iowa
nurse
practitioner
society.
5
(33)
The
Iowa
occupational
therapy
association.
6
(34)
The
ARC
of
Iowa,
formerly
known
as
the
association
for
7
retarded
citizens
of
Iowa.
8
(35)
The
national
alliance
on
mental
illness.
9
(36)
The
Iowa
state
association
of
counties.
10
(37)
The
Iowa
developmental
disabilities
council.
11
(38)
The
Iowa
chiropractic
society.
12
(39)
The
Iowa
academy
of
nutrition
and
dietetics.
13
(40)
The
Iowa
behavioral
health
association.
14
(41)
The
midwest
association
for
medical
equipment
services
15
or
an
affiliated
Iowa
organization.
16
b.
The
five
public
members
shall
be
public
representatives
17
which
may
include
members
of
consumer
groups,
including
18
recipients
of
medical
assistance
or
their
families,
consumer
19
organizations,
and
others,
appointed
by
the
governor
for
20
staggered
terms
of
two
years
each,
none
of
whom
shall
be
21
members
of,
or
practitioners
of,
or
have
a
pecuniary
interest
22
in
any
of
the
professional
or
business
entities
specifically
23
represented
under
paragraph
“a”
.
24
4.
Based
upon
the
deliberations
of
the
council,
the
council
25
shall
make
recommendations
to
the
director
regarding
the
26
budget,
policy,
and
administration
of
the
medical
assistance
27
program.
28
5.
For
each
council
meeting,
other
than
those
held
during
29
the
time
the
general
assembly
is
in
session,
each
legislative
30
member
of
the
council
shall
be
reimbursed
for
actual
travel
31
and
other
necessary
expenses
and
shall
receive
a
per
diem
as
32
specified
in
section
7E.6
for
each
day
in
attendance,
as
shall
33
the
members
of
the
council
who
are
recipients
or
the
family
34
members
of
recipients
of
medical
assistance,
regardless
of
35
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whether
the
general
assembly
is
in
session.
1
6.
The
department
shall
provide
staff
support
and
2
independent
technical
assistance
to
the
council.
3
7.
The
director
shall
consider
the
recommendations
offered
4
by
the
council
in
the
director’s
preparation
of
medical
5
assistance
budget
recommendations
to
the
council
on
health
and
6
human
services
pursuant
to
section
217.3
and
in
implementation
7
of
medical
assistance
program
policies.
8
Sec.
801.
Section
249A.11,
Code
2023,
is
amended
to
read
as
9
follows:
10
249A.11
Payment
for
patient
care
segregated.
11
A
state
resource
center
or
mental
health
institute,
upon
12
receipt
of
any
payment
made
under
this
chapter
for
the
care
of
13
any
patient,
shall
segregate
an
amount
equal
to
that
portion
of
14
the
payment
which
is
required
by
law
to
be
made
from
nonfederal
15
funds.
The
money
segregated
shall
be
deposited
in
the
medical
16
assistance
fund
of
the
department
of
human
services
.
17
Sec.
802.
Section
249A.12,
subsection
5,
paragraph
b,
Code
18
2023,
is
amended
to
read
as
follows:
19
b.
The
department
of
human
services
shall
seek
federal
20
approval
to
amend
the
home
and
community-based
services
waiver
21
for
persons
with
an
intellectual
disability
to
include
day
22
habilitation
services.
Inclusion
of
day
habilitation
services
23
in
the
waiver
shall
take
effect
upon
receipt
of
federal
24
approval.
25
Sec.
803.
Section
249A.15A,
subsection
4,
Code
2023,
is
26
amended
to
read
as
follows:
27
4.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
28
entitling
alcohol
and
drug
counselors
who
are
certified
by
the
29
nongovernmental
Iowa
board
of
substance
abuse
certification
to
30
payment
for
behavioral
health
services
provided
to
recipients
31
of
medical
assistance,
subject
to
limitations
and
exclusions
32
the
department
finds
necessary
on
the
basis
of
federal
laws
and
33
regulations.
34
Sec.
804.
Section
249A.21,
subsection
9,
Code
2023,
is
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amended
to
read
as
follows:
1
9.
The
department
of
human
services
may
procure
a
sole
2
source
contract
to
implement
the
provisions
of
this
section
.
3
Sec.
805.
Section
249A.24,
subsection
2,
unnumbered
4
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
5
In
addition
to
any
other
duties
prescribed,
the
commission
6
shall
make
recommendations
to
the
council
on
health
and
human
7
services
regarding
strategies
to
reduce
state
expenditures
8
for
prescription
drugs
under
the
medical
assistance
program
9
excluding
provider
reimbursement
rates.
The
commission
shall
10
make
initial
recommendations
to
the
council
by
October
1,
2002.
11
Following
approval
of
any
recommendation
by
the
council
on
12
health
and
human
services,
the
department
shall
include
the
13
approved
recommendation
in
a
notice
of
intended
action
under
14
chapter
17A
and
shall
comply
with
chapter
17A
in
adopting
15
any
rules
to
implement
the
recommendation.
The
department
16
shall
seek
any
federal
waiver
necessary
to
implement
any
17
approved
recommendation.
The
strategies
to
be
considered
for
18
recommendation
by
the
commission
shall
include
at
a
minimum
all
19
of
the
following:
20
Sec.
806.
Section
249A.26,
subsection
2,
paragraph
a,
Code
21
2023,
is
amended
to
read
as
follows:
22
a.
Except
as
provided
for
disallowed
costs
in
section
23
249A.27
,
the
state
shall
pay
one
hundred
percent
of
the
24
nonfederal
share
of
the
cost
of
case
management
provided
to
25
adults,
day
treatment,
and
partial
hospitalization
provided
26
under
the
medical
assistance
program
for
persons
with
an
27
intellectual
disability,
a
developmental
disability,
or
28
chronic
mental
illness.
For
purposes
of
this
section
,
persons
29
with
mental
disorders
resulting
from
Alzheimer’s
disease
30
or
a
substance-related
substance
use
disorder
shall
not
be
31
considered
to
be
persons
with
chronic
mental
illness.
32
Sec.
807.
Section
249A.29,
Code
2023,
is
amended
to
read
as
33
follows:
34
249A.29
Home
and
community-based
services
waiver
providers
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——
records
checks.
1
1.
For
purposes
of
this
section
and
section
249A.30
unless
2
the
context
otherwise
requires:
3
a.
“Consumer”
means
an
individual
approved
by
the
department
4
to
receive
services
under
a
waiver.
5
b.
“Provider”
means
an
agency
certified
by
the
department
to
6
provide
services
under
a
waiver.
7
c.
“Waiver”
means
a
home
and
community-based
services
waiver
8
approved
by
the
federal
government
and
implemented
under
the
9
medical
assistance
program.
10
2.
If
a
person
is
being
considered
by
a
provider
for
11
employment
involving
direct
responsibility
for
a
consumer
or
12
with
access
to
a
consumer
when
the
consumer
is
alone,
and
13
if
the
person
has
been
convicted
of
a
crime
or
has
a
record
14
of
founded
child
or
dependent
adult
abuse,
the
record
check
15
evaluation
system
of
the
department
shall
perform
an
evaluation
16
to
determine
whether
the
crime
or
founded
abuse
warrants
17
prohibition
of
employment
by
the
provider.
The
department
18
record
check
evaluation
system
shall
conduct
criminal
and
child
19
and
dependent
adult
abuse
records
checks
of
the
person
in
20
this
state
and
may
conduct
these
checks
in
other
states.
The
21
records
checks
and
evaluations
required
by
this
section
shall
22
be
performed
in
accordance
with
procedures
adopted
for
this
23
purpose
by
the
department.
24
3.
If
the
department
record
check
evaluation
system
25
determines
that
a
person
employed
by
a
provider
has
committed
26
a
crime
or
has
a
record
of
founded
abuse,
the
department
27
record
check
evaluation
system
shall
perform
an
evaluation
to
28
determine
whether
prohibition
of
the
person’s
employment
is
29
warranted.
30
4.
In
an
evaluation,
the
department
record
check
evaluation
31
system
shall
consider
the
nature
and
seriousness
of
the
crime
32
or
founded
abuse
in
relation
to
the
position
sought
or
held,
33
the
time
elapsed
since
the
commission
of
the
crime
or
founded
34
abuse,
the
circumstances
under
which
the
crime
or
founded
abuse
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was
committed,
the
degree
of
rehabilitation,
the
likelihood
1
that
the
person
will
commit
the
crime
or
founded
abuse
again,
2
and
the
number
of
crimes
or
founded
abuses
committed
by
the
3
person
involved.
The
department
record
check
evaluation
4
system
may
permit
a
person
who
is
evaluated
to
be
employed
5
or
to
continue
to
be
employed
by
the
provider
if
the
person
6
complies
with
the
department’s
record
check
evaluation
system’s
7
conditions
relating
to
the
employment,
which
may
include
8
completion
of
additional
training.
9
5.
If
the
department
record
check
evaluation
system
10
determines
that
the
person
has
committed
a
crime
or
has
11
a
record
of
founded
abuse
which
warrants
prohibition
of
12
employment,
the
person
shall
not
be
employed
by
a
provider.
13
Sec.
808.
Section
249A.32B,
Code
2023,
is
amended
to
read
14
as
follows:
15
249A.32B
Early
and
periodic
screening,
diagnosis,
and
16
treatment
funding.
17
The
department
of
human
services
,
in
consultation
with
18
the
Iowa
department
of
public
health
and
the
department
of
19
education,
shall
continue
the
program
to
utilize
the
early
and
20
periodic
screening,
diagnosis,
and
treatment
program
funding
21
under
the
medical
assistance
program,
to
the
extent
possible,
22
to
implement
the
screening
component
of
the
early
and
periodic
23
screening,
diagnosis,
and
treatment
program
through
the
24
schools.
The
department
may
enter
into
contracts
to
utilize
25
maternal
and
child
health
centers,
the
public
health
nursing
26
program,
or
school
nurses
in
implementing
this
section
.
27
Sec.
809.
Section
249A.33,
subsection
1,
Code
2023,
is
28
amended
to
read
as
follows:
29
1.
A
pharmaceutical
settlement
account
is
created
in
30
the
state
treasury
under
the
authority
of
the
department
of
31
human
services
.
Moneys
received
from
settlements
relating
32
to
provision
of
pharmaceuticals
under
the
medical
assistance
33
program
shall
be
deposited
in
the
account.
34
Sec.
810.
Section
249A.37,
subsection
1,
paragraph
a,
Code
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2023,
is
amended
to
read
as
follows:
1
a.
Provide,
with
respect
to
individuals
who
are
eligible
2
for
or
are
provided
medical
assistance
under
the
state’s
3
medical
assistance
state
plan,
upon
the
request
of
the
state,
4
information
to
determine
during
what
period
the
individual
or
5
the
individual’s
spouse
or
dependents
may
be
or
may
have
been
6
covered
by
a
health
insurer
and
the
nature
of
the
coverage
that
7
is
or
was
provided
by
the
health
insurer,
including
the
name,
8
address,
and
identifying
number
of
the
plan,
in
accordance
9
with
section
505.25
,
in
a
manner
prescribed
by
the
department
10
of
human
services
or
as
agreed
upon
by
the
department
and
the
11
entity
specified
in
this
section
.
12
Sec.
811.
Section
249A.37,
subsection
2,
Code
2023,
is
13
amended
to
read
as
follows:
14
2.
The
department
of
human
services
may
adopt
rules
pursuant
15
to
chapter
17A
as
necessary
to
implement
this
section
.
Rules
16
governing
the
exchange
of
information
under
this
section
shall
17
be
consistent
with
all
laws,
regulations,
and
rules
relating
18
to
the
confidentiality
or
privacy
of
personal
information
or
19
medical
records,
including
but
not
limited
to
the
federal
20
Health
Insurance
Portability
and
Accountability
Act
of
1996,
21
Pub.
L.
No.
104-191,
and
regulations
promulgated
in
accordance
22
with
that
Act
and
published
in
45
C.F.R.
pts.
160
–
164
.
23
Sec.
812.
Section
249A.48,
Code
2023,
is
amended
to
read
as
24
follows:
25
249A.48
Temporary
moratoria.
26
1.
The
Iowa
Medicaid
enterprise
program
shall
impose
a
27
temporary
moratorium
on
the
enrollment
of
new
providers
or
28
provider
types
identified
by
the
centers
for
Medicare
and
29
Medicaid
services
of
the
United
States
department
of
health
30
and
human
services
as
posing
an
increased
risk
to
the
medical
31
assistance
Medicaid
program.
32
a.
This
section
shall
not
be
interpreted
to
require
the
33
Iowa
Medicaid
enterprise
program
to
impose
a
moratorium
if
the
34
Iowa
Medicaid
enterprise
program
determines
that
imposition
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of
a
temporary
moratorium
would
adversely
affect
access
of
1
recipients
to
medical
assistance
services.
2
b.
If
the
Iowa
Medicaid
enterprise
program
makes
a
3
determination
as
specified
in
paragraph
“a”
,
the
Iowa
Medicaid
4
enterprise
program
shall
notify
the
centers
for
Medicare
and
5
Medicaid
services
of
the
United
States
department
of
health
and
6
human
services
in
writing.
7
2.
The
Iowa
Medicaid
enterprise
program
may
impose
a
8
temporary
moratorium
on
the
enrollment
of
new
providers,
or
9
impose
numerical
caps
or
other
limits
that
the
Iowa
Medicaid
10
enterprise
program
and
the
centers
for
Medicare
and
Medicaid
11
services
identify
as
having
a
significant
potential
for
fraud,
12
waste,
or
abuse.
13
a.
Before
implementing
the
moratorium,
caps,
or
other
14
limits,
the
Iowa
Medicaid
enterprise
program
shall
determine
15
that
its
action
would
not
adversely
impact
access
by
recipients
16
to
medical
assistance
Medicaid
services.
17
b.
The
Iowa
Medicaid
enterprise
program
shall
notify,
in
18
writing,
the
centers
for
Medicare
and
Medicaid
services,
if
the
19
Iowa
Medicaid
enterprise
program
seeks
to
impose
a
moratorium
20
under
this
subsection
,
including
all
of
the
details
of
the
21
moratorium.
The
Iowa
Medicaid
enterprise
program
shall
receive
22
approval
from
the
centers
for
Medicare
and
Medicaid
services
23
prior
to
imposing
a
moratorium
under
this
subsection
.
24
3.
a.
The
Iowa
Medicaid
enterprise
program
shall
impose
any
25
moratorium
for
an
initial
period
of
six
months.
26
b.
If
the
Iowa
Medicaid
enterprise
program
determines
that
27
it
is
necessary,
the
Iowa
Medicaid
enterprise
program
may
28
extend
the
moratorium
in
six-month
increments.
Each
time
a
29
moratorium
is
extended,
the
Iowa
Medicaid
enterprise
program
30
shall
document,
in
writing,
the
necessity
for
extending
the
31
moratorium.
32
Sec.
813.
Section
249A.50,
subsection
2,
Code
2023,
is
33
amended
to
read
as
follows:
34
2.
The
department
of
inspections
and
appeals
shall
conduct
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investigations
and
audits
as
deemed
necessary
to
ensure
1
compliance
with
the
medical
assistance
program
administered
2
under
this
chapter
.
The
department
of
inspections
and
appeals
3
shall
cooperate
with
the
department
of
human
services
on
the
4
development
of
procedures
relating
to
such
investigations
and
5
audits
to
ensure
compliance
with
federal
and
state
single
state
6
agency
requirements.
7
Sec.
814.
Section
249B.1,
subsection
4,
Code
2023,
is
8
amended
to
read
as
follows:
9
4.
“Department”
means
the
department
of
health
and
human
10
services.
11
Sec.
815.
Section
249F.1,
Code
2023,
is
amended
to
read
as
12
follows:
13
249F.1
Definitions.
14
As
used
in
this
chapter
,
unless
the
context
otherwise
15
requires:
16
1.
“Department”
means
the
department
of
health
and
human
17
services.
18
1.
2.
“Medical
assistance”
means
“mandatory
medical
19
assistance”
,
“optional
medical
assistance”
,
“discretionary
20
medical
assistance”
,
or
“Medicare
cost
sharing”
as
each
is
21
defined
in
section
249A.2
which
is
provided
to
an
individual
22
pursuant
to
chapter
249A
and
Tit.
XIX
of
the
federal
Social
23
Security
Act.
24
2.
3.
a.
“Transfer
of
assets”
means
any
transfer
or
25
assignment
of
a
legal
or
equitable
interest
in
property,
as
26
defined
in
section
702.14
,
from
a
transferor
to
a
transferee
27
for
less
than
fair
consideration,
made
while
the
transferor
28
is
receiving
medical
assistance
or
within
five
years
prior
to
29
application
for
medical
assistance
by
the
transferor.
Any
30
such
transfer
or
assignment
is
presumed
to
be
made
with
the
31
intent,
on
the
part
of
the
transferee;
transferor;
or
another
32
person
acting
on
behalf
of
a
transferor
who
is
an
actual
or
33
implied
agent,
guardian,
attorney-in-fact,
or
person
acting
as
34
a
fiduciary,
of
enabling
the
transferor
to
obtain
or
maintain
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eligibility
for
medical
assistance
or
of
impacting
the
recovery
1
or
payment
of
a
medical
assistance
debt.
This
presumption
2
is
rebuttable
only
by
clear
and
convincing
evidence
that
3
the
transferor’s
eligibility
or
potential
eligibility
for
4
medical
assistance
or
the
impact
on
the
recovery
or
payment
5
of
a
medical
assistance
debt
was
no
part
of
the
reason
of
6
the
transferee;
transferor;
or
other
person
acting
on
behalf
7
of
a
transferor
who
is
an
actual
or
implied
agent,
guardian,
8
attorney-in-fact,
or
person
acting
as
a
fiduciary
for
making
9
or
accepting
the
transfer
or
assignment.
A
transfer
of
assets
10
includes
a
transfer
of
an
interest
in
the
transferor’s
home,
11
domicile,
or
land
appertaining
to
such
home
or
domicile
12
while
the
transferor
is
receiving
medical
assistance,
unless
13
otherwise
exempt
under
paragraph
“b”
.
14
b.
However,
transfer
of
assets
does
not
include
the
15
following:
16
(1)
Transfers
to
or
for
the
sole
benefit
of
the
17
transferor’s
spouse,
including
a
transfer
to
a
spouse
by
an
18
institutionalized
spouse
pursuant
to
section
1924(f)(1)
of
the
19
federal
Social
Security
Act.
20
(2)
Transfers
to
or
for
the
sole
benefit
of
the
transferor’s
21
child
who
is
blind
or
has
a
disability
as
defined
in
section
22
1614
of
the
federal
Social
Security
Act.
23
(3)
Transfer
of
a
dwelling,
which
serves
as
the
transferor’s
24
home
as
defined
in
20
C.F.R.
§416.1212
,
to
a
child
of
the
25
transferor
under
twenty-one
years
of
age.
26
(4)
Transfer
of
a
dwelling,
which
serves
as
the
transferor’s
27
home
as
defined
in
20
C.F.R.
§416.1212
,
after
the
transferor
is
28
institutionalized,
to
either
of
the
following:
29
(a)
A
sibling
of
the
transferor
who
has
an
equity
interest
30
in
the
dwelling
and
who
was
residing
in
the
dwelling
for
a
31
period
of
at
least
one
year
immediately
prior
to
the
date
the
32
transferor
became
institutionalized.
33
(b)
A
child
of
the
transferor
who
was
residing
in
the
34
dwelling
for
a
period
of
at
least
two
years
immediately
prior
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to
the
date
the
transferor
became
institutionalized
and
who
1
provided
care
to
the
transferor
which
permitted
the
transferor
2
to
reside
at
the
dwelling
rather
than
in
an
institution
or
3
facility.
4
(5)
Transfers
of
less
than
two
thousand
dollars.
However,
5
all
transfers
by
the
same
transferor
during
the
five-year
6
period
prior
to
application
for
medical
assistance
by
the
7
transferor
shall
be
aggregated.
If
a
transferor
transfers
8
property
to
more
than
one
transferee
during
the
five-year
9
period
prior
to
application
for
medical
assistance
by
the
10
transferor,
the
two
thousand
dollar
exemption
shall
be
divided
11
equally
between
the
transferees.
12
(6)
Transfers
of
assets
that
would,
at
the
time
of
the
13
transferor’s
application
for
medical
assistance,
have
been
14
exempt
from
consideration
as
a
resource
if
retained
by
the
15
transferor,
pursuant
to
42
U.S.C.
§1382b(a),
as
implemented
16
by
regulations
adopted
by
the
secretary
of
the
United
States
17
department
of
health
and
human
services,
excluding
the
home
and
18
land
appertaining
to
the
home.
19
(7)
Transfers
to
a
trust
established
solely
for
the
benefit
20
of
the
transferor’s
child
who
is
blind
or
permanently
and
21
totally
disabled
as
defined
in
the
federal
Social
Security
Act,
22
section
1614,
as
codified
in
42
U.S.C.
§1382c.
23
(8)
Transfers
to
a
trust
established
solely
for
the
benefit
24
of
an
individual
under
sixty-five
years
of
age
who
is
disabled,
25
as
defined
in
the
federal
Social
Security
Act,
section
1614,
as
26
codified
in
42
U.S.C.
§1382c.
27
3.
4.
“Transferee”
means
the
person
who
receives
a
transfer
28
of
assets.
29
4.
5.
“Transferor”
means
the
person
who
makes
a
transfer
30
of
assets.
31
Sec.
816.
Section
249F.2,
Code
2023,
is
amended
to
read
as
32
follows:
33
249F.2
Creation
of
debt.
34
A
transfer
of
assets
creates
a
debt
due
and
owing
to
the
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department
of
human
services
from
the
transferee
in
an
amount
1
equal
to
medical
assistance
provided
to
or
on
behalf
of
the
2
transferor,
on
or
after
the
date
of
the
transfer
of
assets,
but
3
not
exceeding
the
fair
market
value
of
the
assets
at
the
time
4
of
the
transfer.
5
Sec.
817.
Section
249F.3,
Code
2023,
is
amended
to
read
as
6
follows:
7
249F.3
Notice
of
debt
——
failure
to
respond
——
hearing
——
8
order.
9
1.
The
department
of
human
services
may
issue
a
notice
10
establishing
and
demanding
payment
of
an
accrued
or
accruing
11
debt
due
and
owing
to
the
department
of
human
services
as
12
provided
in
section
249F.2
.
The
notice
shall
be
sent
by
13
restricted
certified
mail
as
defined
in
section
618.15
,
to
14
the
transferee
at
the
transferee’s
last
known
address.
If
15
service
of
the
notice
is
unable
to
be
completed
by
restricted
16
certified
mail,
the
notice
shall
be
served
upon
the
transferee
17
in
accordance
with
the
rules
of
civil
procedure.
The
notice
18
shall
include
all
of
the
following:
19
a.
The
amount
of
medical
assistance
provided
to
the
20
transferor
to
date
which
creates
the
debt.
21
b.
A
computation
of
the
debt
due
and
owing.
22
c.
A
demand
for
immediate
payment
of
the
debt.
23
d.
(1)
A
statement
that
if
the
transferee
desires
to
24
discuss
the
notice,
the
transferee,
within
ten
days
after
25
being
served,
may
contact
the
department
of
human
services
and
26
request
an
informal
conference.
27
(2)
A
statement
that
if
a
conference
is
requested,
the
28
transferee
has
until
ten
days
after
the
date
set
for
the
29
conference
or
until
twenty
days
after
the
date
of
service
of
30
the
original
notice,
whichever
is
later,
to
send
a
request
for
31
a
hearing
to
the
department
of
human
services
.
32
(3)
A
statement
that
after
the
holding
of
the
conference,
33
the
department
of
human
services
may
issue
a
new
notice
to
34
be
sent
to
the
transferee
by
first-class
mail
addressed
to
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the
transferee
at
the
transferee’s
last
known
address,
or
if
1
applicable,
to
the
transferee’s
attorney
at
the
last
known
2
address
of
the
transferee’s
attorney.
3
(4)
A
statement
that
if
the
department
of
human
services
4
issues
a
new
notice,
the
transferee
has
until
ten
days
after
5
the
date
of
mailing
of
the
new
notice
or
until
twenty
days
6
after
the
date
of
service
of
the
original
notice,
whichever
is
7
later,
to
send
a
request
for
a
hearing
to
the
department
of
8
human
services
.
9
e.
A
statement
that
if
the
transferee
objects
to
all
or
any
10
part
of
the
original
notice
and
no
conference
is
requested,
the
11
transferee
has
until
twenty
days
after
the
date
of
service
of
12
the
original
notice
to
send
a
written
response
setting
forth
13
any
objections
and
requesting
a
hearing
to
the
department
of
14
human
services
.
15
f.
A
statement
that
if
a
timely
written
request
for
a
16
hearing
is
received
by
the
department
of
human
services
,
the
17
transferee
has
the
right
to
a
hearing
to
be
held
in
district
18
court
as
provided
in
section
249F.4
;
and
that
if
no
timely
19
written
request
for
hearing
is
received,
the
department
of
20
human
services
will
enter
an
order
in
accordance
with
the
21
latest
notice.
22
g.
A
statement
that
as
soon
as
the
order
is
entered,
the
23
property
of
the
transferee
is
subject
to
collection
action,
24
including
but
not
limited
to
wage
withholding,
garnishment,
25
attachment
of
a
lien,
or
execution.
26
h.
A
statement
that
the
transferee
must
notify
the
27
department
of
human
services
of
any
change
of
address
or
28
employment.
29
i.
A
statement
that
if
the
transferee
has
any
questions
30
concerning
the
transfer
of
assets,
the
transferee
should
31
contact
the
department
of
human
services
or
consult
an
32
attorney.
33
j.
Other
information
as
the
department
of
human
services
34
finds
appropriate.
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2.
If
a
timely
written
request
for
hearing
is
received
by
1
the
department
of
human
services
,
a
hearing
shall
be
held
in
2
district
court.
3
3.
If
a
timely
written
request
for
hearing
is
not
received
4
by
the
department
of
human
services
,
the
department
may
enter
5
an
order
in
accordance
with
the
latest
notice,
and
the
order
6
shall
specify
all
of
the
following:
7
a.
The
amount
to
be
paid
with
directions
as
to
the
manner
8
of
payment.
9
b.
The
amount
of
the
debt
accrued
and
accruing
in
favor
of
10
the
department
of
human
services
.
11
c.
Notice
that
the
property
of
the
transferee
is
subject
12
to
collection
action,
including
but
not
limited
to
wage
13
withholding,
garnishment,
attachment
of
a
lien,
and
execution.
14
4.
The
transferee
shall
be
sent
a
copy
of
the
order
15
by
first-class
mail
addressed
to
the
transferee
at
the
16
transferee’s
last
known
address,
or
if
applicable,
to
the
17
transferee’s
attorney
at
the
last
known
address
of
the
18
transferee’s
attorney.
The
order
is
final,
and
action
by
the
19
department
of
human
services
to
enforce
and
collect
upon
the
20
order
may
be
taken
from
the
date
of
the
issuance
of
the
order.
21
Sec.
818.
Section
249F.4,
subsections
1
and
3,
Code
2023,
22
are
amended
to
read
as
follows:
23
1.
If
a
timely
written
request
for
a
hearing
is
received,
24
the
department
of
human
services
shall
certify
the
matter
to
25
the
district
court
in
the
county
where
the
transferee
resides.
26
3.
The
department
of
human
services
may
also
request
a
27
hearing
on
its
own
motion
regarding
the
determination
of
a
28
debt,
at
any
time
prior
to
entry
of
an
administrative
order.
29
Sec.
819.
Section
249F.5,
subsections
1
and
2,
Code
2023,
30
are
amended
to
read
as
follows:
31
1.
A
true
copy
of
an
order
entered
by
the
department
of
32
human
services
pursuant
to
this
chapter
,
along
with
a
true
33
copy
of
the
return
of
service,
if
applicable,
may
be
filed
in
34
the
office
of
the
clerk
of
the
district
court
in
the
county
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in
which
the
transferee
resides
or,
if
the
transferee
resides
1
in
another
state,
in
the
office
of
the
district
court
in
the
2
county
in
which
the
transferor
resides.
3
2.
The
department
of
human
services
order
shall
be
4
presented,
ex
parte,
to
the
district
court
for
review
and
5
approval.
Unless
defects
appear
on
the
face
of
the
order
or
on
6
the
attachments,
the
district
court
shall
approve
the
order.
7
The
approved
order
shall
have
all
force,
effect,
and
attributes
8
of
a
docketed
order
or
decree
of
the
district
court.
9
Sec.
820.
Section
249F.7,
Code
2023,
is
amended
to
read
as
10
follows:
11
249F.7
Administration.
12
As
provided
in
this
chapter
,
the
establishment
of
a
debt
13
for
medical
assistance
due
to
transfer
of
assets
shall
14
be
administered
by
the
department
of
human
services
.
All
15
administrative
discretion
in
the
administration
of
this
chapter
16
shall
be
exercised
by
the
department
of
human
services
,
and
any
17
state
administrative
rules
implementing
or
interpreting
this
18
chapter
shall
be
adopted
by
the
department
of
human
services
.
19
Sec.
821.
Section
249K.2,
Code
2023,
is
amended
to
read
as
20
follows:
21
249K.2
Definitions.
22
As
used
in
this
chapter
,
unless
the
context
otherwise
23
requires:
24
1.
“Complete
replacement”
means
completed
construction
on
25
a
new
nursing
facility
to
replace
an
existing
licensed
and
26
certified
facility.
The
replacement
facility
shall
be
located
27
in
the
same
geographical
service
area
as
the
facility
that
is
28
replaced
and
shall
have
the
same
number
or
fewer
licensed
beds
29
than
the
original
facility.
30
2.
“Department”
means
the
department
of
health
and
human
31
services.
32
3.
“Iowa
Medicaid
enterprise”
means
Iowa
Medicaid
enterprise
33
as
defined
in
section
135D.2
.
34
4.
3.
“Major
renovations”
means
construction
or
facility
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improvements
to
a
nursing
facility
in
which
the
total
amount
1
expended
exceeds
seven
hundred
fifty
thousand
dollars.
2
5.
4.
“Medical
assistance”
,
or
“medical
assistance
program”
,
3
or
“Medicaid
program”
means
the
medical
assistance
program
4
created
pursuant
to
chapter
249A
.
5
6.
5.
“New
construction”
means
the
construction
of
a
new
6
nursing
facility
which
does
not
replace
an
existing
licensed
7
and
certified
facility
and
requires
the
provider
to
obtain
a
8
certificate
of
need
pursuant
to
chapter
135,
subchapter
VI
.
9
7.
6.
“Nondirect
care
component”
means
the
portion
of
10
the
reimbursement
rate
under
the
medical
assistance
program
11
attributable
to
administrative,
environmental,
property,
and
12
support
care
costs
reported
on
the
provider’s
financial
and
13
statistical
report.
14
8.
7.
“Nursing
facility”
means
a
nursing
facility
as
15
defined
in
section
135C.1
.
16
9.
8.
“Provider”
means
a
current
or
future
owner
or
17
operator
of
a
nursing
facility
that
provides
medical
assistance
18
program
services.
19
10.
9.
“Rate
determination
letter”
means
the
letter
that
20
is
distributed
quarterly
by
the
Iowa
Medicaid
enterprise
21
program
to
each
nursing
facility,
which
is
based
on
previously
22
submitted
financial
and
statistical
reports
from
each
nursing
23
facility.
24
Sec.
822.
Section
249K.3,
subsection
2,
paragraphs
a
and
e,
25
Code
2023,
are
amended
to
read
as
follows:
26
a.
The
provider
shall
submit
a
written
request
for
instant
27
relief
to
the
Iowa
Medicaid
enterprise
program
explaining
the
28
nature,
timing,
and
goals
of
the
project
and
the
time
period
29
during
which
the
relief
is
requested.
The
written
request
30
shall
clearly
state
if
the
provider
is
also
requesting
the
31
nondirect
care
limit
exception.
The
written
request
for
32
instant
relief
shall
be
submitted
no
earlier
than
thirty
days
33
prior
to
the
placement
of
the
provider’s
assets
in
service.
34
The
written
request
for
relief
shall
provide
adequate
details
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to
calculate
the
estimated
value
of
relief
including
but
not
1
limited
to
the
total
cost
of
the
project,
the
estimated
annual
2
depreciation
expenses
using
generally
accepted
accounting
3
principles,
the
estimated
useful
life
based
upon
existing
4
medical
assistance
and
Medicare
provisions,
and
a
copy
of
the
5
most
current
depreciation
schedule.
If
interest
expenses
are
6
included,
a
copy
of
the
general
terms
of
the
debt
service
and
7
the
estimated
annual
amount
of
the
interest
expenses
shall
be
8
submitted
with
the
written
request
for
relief.
9
e.
During
the
period
in
which
instant
relief
is
granted,
the
10
Iowa
Medicaid
enterprise
program
shall
recalculate
the
value
of
11
the
instant
relief
based
on
allowable
costs
and
patient
days
12
reported
on
the
annual
financial
and
statistical
report.
For
13
purposes
of
calculating
the
per
diem
relief,
total
patient
14
days
shall
be
the
greater
of
actual
annual
patient
days
or
15
eighty-five
percent
of
the
facility’s
licensed
capacity.
The
16
actual
value
of
relief
shall
be
added
to
the
nondirect
care
17
component
for
the
relevant
period,
not
to
exceed
one
hundred
18
ten
percent
of
the
nondirect
care
median
for
the
relevant
19
period
or
not
to
exceed
one
hundred
twenty
percent
of
the
20
nondirect
care
median
for
the
relevant
period
if
the
nondirect
21
care
limit
exception
is
requested
and
granted.
The
provider’s
22
quarterly
rates
for
the
relevant
period
shall
be
retroactively
23
adjusted
to
reflect
the
revised
nondirect
care
rate.
All
24
claims
with
dates
of
service
from
the
date
that
instant
relief
25
is
granted
to
the
date
that
the
instant
relief
is
terminated
26
shall
be
repriced
to
reflect
the
actual
value
of
the
instant
27
relief
per
diem
utilizing
a
mass
adjustment.
28
Sec.
823.
Section
249K.5,
subsections
1
and
3,
Code
2023,
29
are
amended
to
read
as
follows:
30
1.
The
Iowa
Medicaid
enterprise
program
shall
administer
31
this
chapter
.
The
department
of
human
services
shall
adopt
32
rules,
pursuant
to
chapter
17A
,
to
administer
this
chapter
.
33
3.
In
addition
to
any
other
factors
to
be
considered
in
34
determining
if
a
provider
is
eligible
to
participate
under
this
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chapter
,
the
Iowa
Medicaid
enterprise
program
shall
consider
1
all
of
the
following:
2
a.
The
history
of
the
provider’s
regulatory
compliance.
3
b.
The
historical
access
to
nursing
facility
services
for
4
medical
assistance
program
beneficiaries.
5
c.
The
provider’s
dedication
to
and
participation
in
quality
6
of
care,
considering
all
quality
programs
in
which
the
provider
7
has
participated.
8
d.
The
provider’s
plans
to
facilitate
person-directed
care.
9
e.
The
provider’s
plans
to
facilitate
dementia
units
and
10
specialty
post-acute
services.
11
Sec.
824.
Section
249L.2,
subsection
1,
Code
2023,
is
12
amended
to
read
as
follows:
13
1.
“Department”
means
the
department
of
health
and
human
14
services.
15
Sec.
825.
Section
249M.2,
subsection
2,
Code
2023,
is
16
amended
to
read
as
follows:
17
2.
“Department”
means
the
department
of
health
and
human
18
services.
19
Sec.
826.
Section
249M.4,
subsection
5,
paragraph
b,
20
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
21
(2)
The
projected
expenditures
for
participating
hospitals
22
for
the
fiscal
year
beginning
July
1,
2010,
as
determined
by
23
the
fiscal
management
division
of
the
department,
plus
the
24
amount
calculated
under
subparagraph
(1).
25
Sec.
827.
Section
249N.2,
subsections
4,
5,
and
14,
Code
26
2023,
are
amended
to
read
as
follows:
27
4.
“Department”
means
the
department
of
health
and
human
28
services.
29
5.
“Director”
means
the
director
of
health
and
human
30
services.
31
14.
“Medical
assistance
program”
,
“Medicaid
program”
,
or
32
“Medicaid”
means
the
program
paying
all
or
part
of
the
costs
of
33
care
and
services
provided
to
an
individual
pursuant
to
chapter
34
249A
and
Tit.
XIX
of
the
federal
Social
Security
Act.
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Sec.
828.
Section
249N.5,
subsection
2,
paragraph
a,
Code
1
2023,
is
amended
to
read
as
follows:
2
a.
For
members
whose
household
income
is
at
or
below
one
3
hundred
percent
of
the
federal
poverty
level,
the
plan
shall
be
4
administered
by
the
Iowa
Medicaid
enterprise
program
consistent
5
with
program
administration
applicable
to
individuals
under
6
section
249A.3,
subsection
1
.
7
Sec.
829.
Section
251.1,
Code
2023,
is
amended
to
read
as
8
follows:
9
251.1
Definitions.
10
As
used
in
this
chapter
:
11
1.
“Administrator”
means
the
administrator
of
the
division
12
of
adult,
children,
and
family
services
of
the
department
of
13
human
services.
14
2.
1.
“Division”
or
“state
division”
“Department”
means
15
the
division
of
adult,
children,
and
family
services
of
the
16
department
of
health
and
human
services.
17
2.
“Director”
means
the
director
of
health
and
human
18
services.
19
Sec.
830.
Section
251.2,
Code
2023,
is
amended
to
read
as
20
follows:
21
251.2
Administration
of
emergency
relief.
22
The
state
division
department
,
in
addition
to
all
other
23
powers
and
duties
given
it
the
department
by
law,
shall
be
is
24
charged
with
the
supervision
and
administration
of
all
funds
25
coming
into
the
hands
of
received
by
the
state
now
or
hereafter
26
provided
for
emergency
relief.
27
Sec.
831.
Section
251.3,
Code
2023,
is
amended
to
read
as
28
follows:
29
251.3
Powers
and
duties.
30
The
administrator
director
shall
have
the
power
to
do
all
of
31
the
following
:
32
1.
Appoint
such
personnel
as
may
be
necessary
for
the
33
efficient
discharge
of
the
duties
imposed
upon
on
the
34
administrator
in
the
administration
of
emergency
relief,
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director
and
to
make
such
rules
and
regulations
as
the
1
administrator
deems
necessary
or
advisable
covering
relating
2
to
the
administrator’s
director’s
activities
and
those
of
the
3
service
area
advisory
boards
created
under
section
217.43
,
4
concerning
emergency
relief.
5
2.
Join
and
cooperate
with
the
government
of
the
6
United
States,
or
any
of
its
appropriate
agencies
or
7
instrumentalities,
in
any
proper
emergency
relief
activity.
8
3.
Make
such
reports
of
budget
estimates
to
the
governor
9
and
to
the
general
assembly
as
are
required
by
law
,
or
are
10
as
necessary
and
proper
to
obtain
appropriations
of
funds
11
necessary
for
emergency
relief
purposes
and
for
all
the
12
purposes
of
this
chapter
.
13
4.
Determine
the
need
for
funds
in
the
various
counties
of
14
the
state
basing
such
determination
upon
the
amount
of
money
15
needed
in
the
various
counties
to
provide
adequate
emergency
16
relief,
and
upon
the
counties’
financial
inability
to
provide
17
such
relief
from
county
funds.
The
administrator
director
may
18
administer
said
state
funds
belonging
to
the
state
within
the
19
various
counties
of
the
state
to
supplement
local
funds
as
20
needed.
21
5.
Make
such
reports,
obtain
and
furnish
such
information
22
from
time
to
time
as
may
be
required
by
the
governor,
by
the
23
general
assembly,
or
by
any
other
proper
appropriate
state
or
24
federal
office
or
agency,
state
or
federal,
and
make
an
annual
25
report
of
its
the
department’s
emergency
relief
activities.
26
Sec.
832.
Section
251.4,
Code
2023,
is
amended
to
read
as
27
follows:
28
251.4
Grants
from
state
funds
to
counties.
29
The
state
division
department
may
require
as
a
condition
30
of
making
available
state
assistance
available
to
counties
31
for
emergency
relief
purposes,
that
the
county
boards
of
32
supervisors
shall
establish
budgets
as
needed
in
respect
to
the
33
relief
situation
in
the
counties.
34
Sec.
833.
Section
251.5,
Code
2023,
is
amended
to
read
as
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follows:
1
251.5
Duties
of
the
service
area
advisory
board.
2
A
service
area
The
advisory
board
created
in
section
217.43
3
shall
perform
the
following
activities
for
any
county
in
4
the
board’s
service
area
counties
represented
on
the
board
5
concerning
emergency
relief:
6
1.
Cooperate
with
a
county’s
board
of
supervisors
in
all
7
matters
pertaining
to
administration
of
relief.
8
2.
At
the
request
of
a
county’s
board
of
supervisors,
9
prepare
requests
for
grants
of
state
funds.
10
3.
At
the
request
of
a
county’s
board
of
supervisors,
11
administer
county
relief
funds.
12
4.
In
a
county
receiving
grants
of
state
funds
upon
approval
13
of
the
director
of
the
department
of
administrative
services
14
and
the
county’s
board
of
supervisors,
administer
both
state
15
and
county
relief
funds.
16
5.
Perform
other
duties
as
may
be
prescribed
by
the
17
administrator
department
and
a
county’s
board
of
supervisors.
18
Sec.
834.
Section
251.6,
Code
2023,
is
amended
to
read
as
19
follows:
20
251.6
County
supervisors
to
determine
emergency
relief
and
21
work
projects.
22
The
county
board
of
supervisors
shall
supervise
23
administration
of
emergency
relief,
and
shall
determine
the
24
minimum
amount
of
relief
required
for
each
person
or
family,
25
which
persons
are
employable,
and
whether
and
under
what
26
conditions
persons
receiving
emergency
relief
may
be
employed
27
by
the
county.
28
Sec.
835.
Section
251.7,
Code
2023,
is
amended
to
read
as
29
follows:
30
251.7
County
appointees
to
act
as
executive
officers.
31
The
county
board
of
supervisors
may
appoint
an
individual
a
32
person
to
serve
as
the
executive
officer
of
the
service
area
33
advisory
board
in
all
matters
pertaining
to
relief
for
that
34
county.
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Sec.
836.
Section
252.26,
Code
2023,
is
amended
to
read
as
1
follows:
2
252.26
General
assistance
director.
3
The
board
of
supervisors
in
each
county
shall
appoint
or
4
designate
a
general
assistance
director
for
the
county,
who
5
shall
have
the
powers
and
duties
conferred
by
this
chapter
.
6
In
counties
of
one
hundred
thousand
or
less
population,
the
7
county
board
may
designate
as
general
assistance
director
an
8
employee
of
the
state
department
of
health
and
human
services
9
who
is
assigned
to
work
in
that
county
and
is
directed
by
the
10
director
of
health
and
human
services,
pursuant
to
an
agreement
11
with
the
county
board,
to
exercise
the
functions
and
duties
12
of
general
assistance
director
in
that
county.
The
general
13
assistance
director
shall
receive
as
compensation
an
amount
to
14
be
determined
by
the
county
board.
15
Sec.
837.
Section
252.33,
Code
2023,
is
amended
to
read
as
16
follows:
17
252.33
Application
for
assistance.
18
A
person
may
make
application
for
assistance
to
a
member
19
of
the
board
of
supervisors,
or
to
the
general
assistance
20
director
of
the
county
where
the
person
is.
If
application
21
is
made
to
the
general
assistance
director
and
that
officer
22
is
satisfied
that
the
applicant
is
in
a
state
of
want
which
23
requires
assistance
at
the
public
expense,
the
general
24
assistance
director
may
afford
temporary
assistance,
subject
to
25
the
approval
of
the
board
of
supervisors,
as
the
necessities
26
of
the
person
require
and
shall
immediately
report
the
case
to
27
the
board
of
supervisors,
who
may
continue
or
deny
assistance,
28
as
they
find
cause.
29
Sec.
838.
Section
252.37,
Code
2023,
is
amended
to
read
as
30
follows:
31
252.37
Appeal
to
supervisors.
32
If
a
poor
person,
on
application
to
the
general
assistance
33
director,
is
refused
the
required
assistance,
the
applicant
34
may
appeal
to
the
board
of
supervisors,
who,
upon
examination
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into
the
matter,
may
order
the
general
assistance
director
to
1
provide
assistance,
or
who
may
direct
specific
assistance.
2
Sec.
839.
Section
252A.2,
subsections
7
and
8,
Code
2023,
3
are
amended
to
read
as
follows:
4
7.
“Petitioner”
includes
each
dependent
person
for
whom
5
support
is
sought
in
a
proceeding
instituted
pursuant
to
6
this
chapter
or
a
mother
or
putative
father
of
a
dependent.
7
However,
in
an
action
brought
by
the
child
support
recovery
8
unit
services
,
the
state
is
the
petitioner.
9
8.
“Petitioner’s
representative”
includes
counsel
of
a
10
dependent
person
for
whom
support
is
sought
and
counsel
for
a
11
mother
or
putative
father
of
a
dependent.
In
an
action
brought
12
by
the
child
support
recovery
unit
services
,
“petitioner’s
13
representative”
includes
a
county
attorney,
state’s
attorney
14
and
any
other
public
officer,
by
whatever
title
the
officer’s
15
public
office
may
be
known,
charged
by
law
with
the
duty
of
16
instituting,
maintaining,
or
prosecuting
a
proceeding
under
17
this
chapter
or
under
the
laws
of
the
state.
18
Sec.
840.
Section
252A.3A,
subsections
3,
4,
7,
10,
12,
and
19
13,
Code
2023,
are
amended
to
read
as
follows:
20
3.
a.
Prior
to
or
at
the
time
of
completion
of
an
affidavit
21
of
paternity,
written
and
oral
information
about
paternity
22
establishment,
developed
by
the
child
support
recovery
unit
23
services
created
in
section
252B.2
,
shall
be
provided
to
the
24
mother
and
putative
father.
Video
or
audio
equipment
may
be
25
used
to
provide
oral
information.
26
b.
The
information
provided
shall
include
a
description
27
of
parental
rights
and
responsibilities,
including
the
duty
28
to
provide
financial
support
for
the
child,
the
benefits
of
29
establishing
paternity,
and
the
alternatives
to
and
legal
30
consequences
of
signing
an
affidavit
of
paternity,
including
31
the
rights
available
if
a
parent
is
a
minor.
32
c.
Copies
of
the
written
information
shall
be
made
33
available
by
the
child
support
recovery
unit
services
or
the
34
Iowa
department
of
public
health
and
human
services
to
those
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entities
where
an
affidavit
of
paternity
may
be
obtained
as
1
provided
under
subsection
4
.
2
4.
a.
The
affidavit
of
paternity
form
developed
and
used
by
3
the
Iowa
department
of
public
health
and
human
services
is
the
4
only
affidavit
of
paternity
form
recognized
for
the
purpose
of
5
establishing
paternity
under
this
section
.
It
shall
include
6
the
minimum
requirements
specified
by
the
secretary
of
the
7
United
States
department
of
health
and
human
services
pursuant
8
to
42
U.S.C.
§652(a)(7).
A
properly
completed
affidavit
of
9
paternity
form
developed
by
the
Iowa
department
of
public
10
health
and
human
services
and
existing
on
or
after
July
1,
11
1993,
but
which
is
superseded
by
a
later
affidavit
of
paternity
12
form
developed
by
the
Iowa
department
of
public
health
and
13
human
services
,
shall
have
the
same
legal
effect
as
a
paternity
14
affidavit
form
used
by
the
Iowa
department
of
public
health
and
15
human
services
on
or
after
July
1,
1997,
regardless
of
the
date
16
of
the
filing
and
registration
of
the
affidavit
of
paternity,
17
unless
otherwise
required
under
federal
law.
18
b.
The
form
shall
be
available
from
the
state
registrar,
19
each
county
registrar,
the
child
support
recovery
unit
20
services
,
and
any
institution
in
the
state.
21
c.
The
Iowa
department
of
public
health
and
human
services
22
shall
make
copies
of
the
form
available
to
the
entities
23
identified
in
paragraph
“b”
for
distribution.
24
7.
The
state
registrar
shall
make
copies
of
affidavits
25
of
paternity
and
identifying
information
from
the
affidavits
26
filed
and
registered
pursuant
to
this
section
available
to
the
27
child
support
recovery
unit
services
created
under
section
28
252B.2
in
accordance
with
section
144.13,
subsection
4
,
and
any
29
subsequent
rescission
form
which
rescinds
the
affidavit.
30
10.
a.
An
institution
may
be
reimbursed
by
the
child
31
support
recovery
unit
services
created
in
section
252B.2
for
32
providing
the
services
described
under
subsection
9
,
or
may
33
provide
the
services
at
no
cost.
34
b.
An
institution
electing
reimbursement
shall
enter
into
a
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written
agreement
with
the
child
support
recovery
unit
services
1
for
this
purpose.
2
c.
An
institution
entering
into
an
agreement
for
3
reimbursement
shall
assist
the
parents
of
a
child
born
out
of
4
wedlock
in
completing
and
filing
an
affidavit
of
paternity.
5
d.
Reimbursement
shall
be
based
only
on
the
number
of
6
affidavits
completed
in
compliance
with
this
section
and
7
submitted
to
the
state
registrar
during
the
duration
of
8
the
written
agreement
with
the
child
support
recovery
unit
9
services
.
10
e.
The
reimbursement
rate
is
twenty
dollars
for
each
11
completed
affidavit
filed
with
the
state
registrar.
12
12.
a.
A
completed
affidavit
of
paternity
may
be
rescinded
13
by
registration
by
the
state
registrar
of
a
completed
and
14
notarized
rescission
form
signed
by
either
the
mother
or
15
putative
father
who
signed
the
affidavit
of
paternity
that
the
16
putative
father
is
not
the
father
of
the
child.
The
completed
17
and
notarized
rescission
form
shall
be
filed
with
the
state
18
registrar
for
the
purpose
of
registration
prior
to
the
earlier
19
of
the
following:
20
(1)
Sixty
days
after
the
latest
notarized
signature
of
the
21
mother
or
putative
father
on
the
affidavit
of
paternity.
22
(2)
Entry
of
a
court
order
pursuant
to
a
proceeding
in
this
23
state
to
which
the
signatory
is
a
party
relating
to
the
child,
24
including
a
proceeding
to
establish
a
support
order
under
this
25
chapter
,
chapter
252C
,
252F
,
598
,
or
600B
or
other
law
of
this
26
state.
27
b.
Unless
the
state
registrar
has
received
and
registered
an
28
order
as
provided
in
section
252A.3,
subsection
10
,
paragraph
29
“a”
,
which
legally
establishes
paternity,
upon
registration
30
of
a
timely
rescission
form
the
state
registrar
shall
remove
31
the
father’s
information
from
the
certificate
of
birth,
and
32
shall
send
a
written
notice
of
the
rescission
to
the
last
known
33
address
of
the
signatory
of
the
affidavit
of
paternity
who
did
34
not
sign
the
rescission
form.
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c.
The
Iowa
department
of
public
health
and
human
services
1
shall
develop
a
rescission
form
and
an
administrative
process
2
for
rescission.
The
form
shall
be
the
only
rescission
form
3
recognized
for
the
purpose
of
rescinding
a
completed
affidavit
4
of
paternity.
A
completed
rescission
form
shall
include
the
5
signature
of
a
notary
public
attesting
to
the
identity
of
6
the
party
signing
the
rescission
form.
The
Iowa
department
7
of
public
health
and
human
services
shall
adopt
rules
which
8
establish
a
fee,
based
upon
the
average
administrative
cost,
to
9
be
collected
for
the
registration
of
a
rescission.
10
d.
If
an
affidavit
of
paternity
has
been
rescinded
under
11
this
subsection
,
the
state
registrar
shall
not
register
any
12
subsequent
affidavit
of
paternity
signed
by
the
same
mother
and
13
putative
father
relating
to
the
same
child.
14
13.
The
child
Child
support
recovery
unit
services
may
15
enter
into
a
written
agreement
with
an
entity
designated
by
the
16
secretary
of
the
United
States
department
of
health
and
human
17
services
to
offer
voluntary
paternity
establishment
services.
18
a.
The
agreement
shall
comply
with
federal
requirements
19
pursuant
to
42
U.S.C.
§666(a)(5)(C)
including
those
regarding
20
notice,
materials,
training,
and
evaluations.
21
b.
The
agreement
may
provide
for
reimbursement
of
the
entity
22
by
the
state
if
reimbursement
is
permitted
by
federal
law.
23
Sec.
841.
Section
252A.5,
subsections
2
and
3,
Code
2023,
24
are
amended
to
read
as
follows:
25
2.
Whenever
the
state
or
a
political
subdivision
thereof
of
26
the
state
furnishes
support
to
a
dependent,
it
the
political
27
subdivision
of
the
state
has
the
same
right
through
proceedings
28
instituted
by
the
petitioner’s
representative
to
invoke
29
the
provisions
hereof
of
this
section
as
the
dependent
to
30
whom
the
support
was
furnished,
for
the
purpose
of
securing
31
reimbursement
of
expenditures
so
made
and
of
obtaining
32
continuing
support;
the
petition
in
such
case
may
be
verified
33
by
any
official
having
knowledge
of
such
expenditures
without
34
further
verification
of
any
person
and
consent
of
the
dependent
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shall
not
be
required
in
order
to
institute
proceedings
under
1
this
chapter
.
The
child
Child
support
recovery
unit
services
2
may
bring
the
action
based
upon
a
statement
of
a
witness,
3
regardless
of
age,
with
knowledge
of
the
circumstances,
4
including,
but
not
limited
to,
statements
by
the
mother
of
the
5
dependent
or
a
relative
of
the
mother
or
the
putative
father.
6
3.
If
the
child
support
recovery
unit
services
is
providing
7
services,
the
unit
child
support
services
has
the
same
right
8
to
invoke
the
provisions
of
this
section
as
the
dependent
for
9
which
support
is
owed
for
the
purpose
of
securing
support.
The
10
petition
in
such
case
may
be
verified
by
any
official
having
11
knowledge
of
the
request
for
services
by
the
unit
child
support
12
services
,
without
further
verification
by
any
other
person,
13
and
consent
of
the
dependent
shall
not
be
required
in
order
14
to
institute
proceedings
under
this
chapter
.
The
child
Child
15
support
recovery
unit
services
may
bring
the
action
based
upon
16
the
statement
of
a
witness,
regardless
of
age,
with
knowledge
17
of
the
circumstances,
including,
but
not
limited
to,
statements
18
by
the
mother
of
the
dependent
or
a
relative
of
the
mother
or
19
the
putative
father.
20
Sec.
842.
Section
252A.13,
subsections
1
and
3,
Code
2023,
21
are
amended
to
read
as
follows:
22
1.
If
public
assistance
is
provided
by
the
department
of
23
health
and
human
services
to
or
on
behalf
of
a
dependent
child
24
or
a
dependent
child’s
caretaker,
there
is
an
assignment
by
25
operation
of
law
to
the
department
of
any
and
all
rights
in,
26
title
to,
and
interest
in
any
support
obligation,
payment,
and
27
arrearages
owed
to
or
on
behalf
of
the
child
or
caretaker
not
28
to
exceed
the
amount
of
public
assistance
paid
for
or
on
behalf
29
of
the
child
or
caretaker
as
follows:
30
a.
For
family
investment
program
assistance,
section
239B.6
31
shall
apply.
32
b.
For
foster
care
services,
section
234.39
shall
apply.
33
c.
For
medical
assistance,
section
252E.11
shall
apply.
34
3.
The
clerk
shall
furnish
the
department
with
copies
of
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all
orders
or
decrees
awarding
and
temporary
domestic
abuse
1
orders
addressing
support
when
the
parties
are
receiving
public
2
assistance
or
services
are
otherwise
provided
by
the
child
3
support
recovery
unit
services
.
Unless
otherwise
specified
4
in
the
order,
an
equal
and
proportionate
share
of
any
child
5
support
awarded
is
presumed
to
be
payable
on
behalf
of
each
6
child,
subject
to
the
order
or
judgment,
for
purposes
of
an
7
assignment
under
this
section
.
8
Sec.
843.
Section
252A.18,
Code
2023,
is
amended
to
read
as
9
follows:
10
252A.18
Registration
of
support
order
——
notice.
11
Registration
of
a
support
order
of
another
state
or
foreign
12
country
shall
be
in
accordance
with
chapter
252K
except
that,
13
with
regard
to
service,
promptly
upon
registration,
the
clerk
14
of
the
court
shall,
by
restricted
certified
mail,
or
the
child
15
support
recovery
unit
services
shall,
as
provided
in
section
16
252B.26
,
send
to
the
respondent
notice
of
the
registration
with
17
a
copy
of
the
registered
support
order
or
the
respondent
may
18
be
personally
served
with
the
notice
and
the
copy
of
the
order
19
in
the
same
manner
as
original
notices
are
personally
served.
20
The
clerk
shall
also
docket
the
case
and
notify
the
prosecuting
21
attorney
of
the
action.
The
clerk
shall
maintain
a
registry
of
22
all
support
orders
registered
pursuant
to
this
section
.
The
23
filing
is
in
equity.
24
Sec.
844.
Section
252B.1,
Code
2023,
is
amended
to
read
as
25
follows:
26
252B.1
Definitions.
27
As
used
in
this
chapter
,
unless
the
context
otherwise
28
requires:
29
1.
“Absent
parent”
means
the
parent
who
either
cannot
be
30
located
or
who
is
located
and
is
not
residing
with
the
child
31
at
the
time
the
support
collection
or
paternity
determination
32
services
provided
in
sections
252B.5
and
252B.6
are
requested
33
or
commenced.
34
2.
“Child”
includes
but
shall
not
be
limited
to
a
stepchild,
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foster
child,
or
legally
adopted
child
and
means
a
child
1
actually
or
apparently
under
eighteen
years
of
age
or
a
2
dependent
person
eighteen
years
of
age
or
over
who
is
unable
3
to
maintain
the
person’s
self
and
is
likely
to
become
a
public
4
charge.
“Child”
includes
“child”
as
defined
in
section
239B.1
.
5
3.
“Child
support
agency”
means
child
support
agency
as
6
defined
in
section
252H.2
.
7
4.
“Child
support
services”
means
child
support
services
8
created
in
section
252B.2.
9
4.
5.
“Department”
means
the
department
of
health
and
human
10
services.
11
5.
6.
“Director”
means
the
director
of
health
and
human
12
services.
13
6.
7.
“Obligor”
means
the
person
legally
responsible
for
14
the
support
of
a
child
as
defined
in
section
252D.16
or
598.1
15
under
a
support
order
issued
in
this
state
or
pursuant
to
the
16
laws
of
another
state
or
foreign
country.
17
7.
8.
“Resident
parent”
means
the
parent
with
whom
the
18
child
is
residing
at
the
time
the
support
collection
or
19
paternity
determination
services
provided
in
sections
252B.5
20
and
252B.6
are
requested
or
commenced.
21
8.
“Unit”
means
the
child
support
recovery
unit
created
in
22
section
252B.2
.
23
Sec.
845.
Section
252B.2,
Code
2023,
is
amended
to
read
as
24
follows:
25
252B.2
Unit
Child
support
services
established
——
26
intervention.
27
There
is
created
within
the
department
of
human
services
28
a
child
support
recovery
unit
services
for
the
purpose
of
29
providing
the
services
required
in
sections
252B.3
through
30
252B.6
.
The
unit
Child
support
services
is
not
required
to
31
intervene
in
actions
to
provide
such
services.
32
Sec.
846.
Section
252B.3,
Code
2023,
is
amended
to
read
as
33
follows:
34
252B.3
Duty
of
department
to
enforce
child
support
——
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cooperation
——
rules.
1
1.
Upon
receipt
by
the
department
of
an
application
for
2
public
assistance
on
behalf
of
a
child
and
determination
by
the
3
department
that
the
child
is
eligible
for
public
assistance
and
4
that
provision
of
child
support
services
is
appropriate,
the
5
department
shall
take
appropriate
action
under
the
provisions
6
of
this
chapter
or
under
other
appropriate
statutes
of
this
7
state
including
but
not
limited
to
chapters
239B
,
252A
,
252C
,
8
252D
,
252E
,
252F
,
252G
,
252H
,
252I
,
252J
,
598
,
and
600B
,
to
9
ensure
that
the
parent
or
other
person
responsible
for
the
10
support
of
the
child
fulfills
the
support
obligation.
The
11
department
shall
also
take
appropriate
action
as
required
by
12
federal
law
upon
receiving
a
request
from
a
child
support
13
agency
for
a
child
receiving
public
assistance
in
another
14
state.
15
2.
The
department
of
human
services
may
negotiate
a
partial
16
payment
of
a
support
obligation
with
a
parent
or
other
person
17
responsible
for
the
support
of
the
child,
provided
that
the
18
negotiation
and
partial
payment
are
consistent
with
applicable
19
federal
law
and
regulation.
20
3.
The
department
shall
adopt
rules
pursuant
to
chapter
21
17A
regarding
cases
in
which,
under
federal
law,
it
is
a
22
condition
of
eligibility
for
an
individual
who
is
an
applicant
23
for
or
recipient
of
public
assistance
to
cooperate
in
good
24
faith
with
the
department
in
establishing
the
paternity
of,
or
25
in
establishing,
modifying,
or
enforcing
a
support
order
by
26
identifying
and
locating
the
parent
of
the
child
or
enforcing
27
rights
to
support
payments.
The
rules
shall
include
all
of
the
28
following
provisions:
29
a.
As
required
by
the
unit
child
support
services
,
the
30
individual
shall
provide
the
name
of
the
noncustodial
parent
31
and
additional
necessary
information,
and
shall
appear
at
32
interviews,
hearings,
and
legal
proceedings.
33
b.
If
paternity
is
an
issue,
the
individual
and
child
shall
34
submit
to
blood
or
genetic
tests
pursuant
to
a
judicial
or
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administrative
order.
1
c.
The
individual
may
be
requested
to
sign
a
voluntary
2
affidavit
of
paternity,
after
notice
of
the
rights
and
3
consequences
of
such
an
acknowledgment,
but
shall
not
be
4
required
to
sign
an
affidavit
or
otherwise
relinquish
the
right
5
to
blood
or
genetic
tests.
6
d.
The
unit
Child
support
services
shall
promptly
notify
7
the
individual
and
the
appropriate
division
of
the
department
8
administering
the
department’s
public
assistance
program
9
programs
of
each
determination
by
the
unit
child
support
10
services
of
noncooperation
of
the
individual
and
the
reason
for
11
such
determination.
12
e.
A
procedure
under
which
the
individual
may
claim
that,
13
and
the
department
shall
determine
whether,
the
individual
has
14
sufficient
good
cause
or
other
exception
for
not
cooperating,
15
taking
into
consideration
the
best
interest
of
the
child.
16
4.
Without
need
for
a
court
order
and
notwithstanding
17
the
requirements
of
section
598.22A
,
the
support
payment
18
ordered
pursuant
to
any
chapter
shall
be
satisfied
as
to
the
19
department,
the
child,
and
either
parent
for
the
period
during
20
which
the
parents
are
reconciled
and
are
cohabiting,
the
child
21
for
whom
support
is
ordered
is
living
in
the
same
residence
22
as
the
parents,
and
the
obligor
receives
public
assistance
on
23
the
obligor’s
own
behalf
for
the
benefit
of
the
child.
The
24
department
shall
implement
this
subsection
as
follows:
25
a.
The
unit
Child
support
services
shall
file
a
notice
of
26
satisfaction
with
the
clerk
of
court.
27
b.
This
subsection
shall
not
apply
unless
all
the
children
28
for
whom
support
is
ordered
reside
with
both
parents,
except
29
that
a
child
may
be
absent
from
the
home
due
to
a
foster
care
30
placement
pursuant
to
chapter
234
or
a
comparable
law
of
31
another
state
or
foreign
country.
32
c.
The
unit
Child
support
services
shall
send
notice
33
by
regular
mail
to
the
obligor
when
the
provisions
of
this
34
subsection
no
longer
apply.
A
copy
of
the
notice
shall
be
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filed
with
the
clerk
of
court.
1
d.
This
section
shall
not
limit
the
rights
of
the
parents
or
2
the
department
to
proceed
by
other
means
to
suspend,
terminate,
3
modify,
reinstate,
or
establish
support.
4
5.
On
or
after
July
1,
1999,
the
department
shall
implement
5
a
program
for
the
satisfaction
of
accrued
support
debts,
based
6
upon
timely
payment
by
the
obligor
of
both
current
support
due
7
and
any
payments
due
for
accrued
support
debt
under
a
periodic
8
payment
plan.
The
unit
Child
support
services
shall
adopt
9
rules
pursuant
to
chapter
17A
to
establish
the
criteria
and
10
procedures
for
obtaining
satisfaction
under
the
program.
The
11
rules
adopted
under
this
subsection
shall
specify
the
cases
and
12
amounts
to
which
the
program
is
applicable,
and
may
provide
for
13
the
establishment
of
the
program
as
a
pilot
program.
14
Sec.
847.
Section
252B.4,
Code
2023,
is
amended
to
read
as
15
follows:
16
252B.4
Nonassistance
cases.
17
1.
The
child
support
and
paternity
determination
services
18
established
by
the
department
pursuant
to
this
chapter
and
19
other
appropriate
services
provided
by
law
including
but
not
20
limited
to
the
provisions
of
chapters
239B
,
252A
,
252C
,
252D
,
21
252E
,
252F
,
598
,
and
600B
shall
be
made
available
by
the
22
unit
child
support
services
to
an
individual
not
otherwise
23
eligible
as
a
public
assistance
recipient
upon
application
by
24
the
individual
for
the
services
or
upon
referral
as
described
25
in
subsection
4
.
The
application
shall
be
filed
with
the
26
department.
27
2.
The
director
may
collect
a
fee
to
cover
the
costs
28
incurred
by
the
department
for
service
of
process,
genetic
29
testing
and
court
costs
if
the
entity
providing
the
service
30
charges
a
fee
for
the
services.
31
3.
Fees
collected
pursuant
to
this
section
shall
be
32
considered
repayment
receipts,
as
defined
in
section
8.2
,
33
and
shall
be
used
for
the
purposes
of
the
unit
child
support
34
services
.
The
director
or
a
designee
shall
keep
an
accurate
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record
of
the
fees
collected
and
expended.
1
4.
The
unit
Child
support
services
shall
also
provide
child
2
support
and
paternity
determination
services
and
shall
respond
3
as
provided
in
federal
law
for
an
individual
not
otherwise
4
eligible
as
a
public
assistance
recipient
if
the
unit
child
5
support
services
receives
a
request
from
any
of
the
following:
6
a.
A
child
support
agency.
7
b.
A
foreign
country
as
defined
in
chapter
252K
.
8
Sec.
848.
Section
252B.5,
Code
2023,
is
amended
to
read
as
9
follows:
10
252B.5
Services
of
unit
Child
support
services
.
11
The
child
Child
support
recovery
unit
services
shall
provide
12
the
following
services:
13
1.
Assistance
in
the
location
of
an
absent
parent
or
any
14
other
person
who
has
an
obligation
to
support
the
child
of
the
15
resident
parent.
16
2.
Aid
in
establishing
paternity
and
securing
a
court
or
17
administrative
order
for
support
pursuant
to
chapter
252A
,
18
252C
,
252F
,
or
600B
,
or
any
other
chapter
providing
for
19
the
establishment
of
paternity
or
support.
In
an
action
to
20
establish
support,
the
resident
parent
may
be
a
proper
party
21
defendant
for
purposes
of
determining
medical
support
as
22
provided
in
section
252E.1A
upon
service
of
notice
as
provided
23
in
this
chapter
and
without
a
court
order
as
provided
in
the
24
rules
of
civil
procedure.
The
unit’s
Child
support
services’
25
independent
cause
of
action
shall
not
bar
a
party
from
seeking
26
support
in
a
subsequent
proceeding.
27
3.
Aid
in
enforcing
through
court
or
administrative
28
proceedings
an
existing
court
order
for
support
issued
pursuant
29
to
chapter
252A
,
252C
,
252F
,
598
,
or
600B
,
or
any
other
30
chapter
under
which
child
or
medical
support
is
granted.
The
31
director
may
enter
into
a
contract
with
a
private
collection
32
agency
to
collect
support
payments
for
cases
which
have
been
33
identified
by
the
department
as
difficult
collection
cases
34
if
the
department
determines
that
this
form
of
collection
is
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more
cost-effective
than
departmental
collection
methods.
The
1
department
shall
utilize,
to
the
maximum
extent
possible,
2
every
available
automated
process
to
collect
support
payments
3
prior
to
referral
of
a
case
to
a
private
collection
agency.
4
A
private
collection
agency
with
whom
the
department
enters
5
a
contract
under
this
subsection
shall
comply
with
state
and
6
federal
confidentiality
requirements
and
debt
collection
laws.
7
The
director
may
use
a
portion
of
the
state
share
of
funds
8
collected
through
this
means
to
pay
the
costs
of
any
contract
9
authorized
under
this
subsection
.
10
4.
Assistance
to
set
off
against
a
debtor’s
income
tax
11
refund
or
rebate
any
support
debt,
which
is
assigned
to
12
the
department
of
human
services
or
which
the
child
support
13
recovery
unit
services
is
attempting
to
collect
on
behalf
of
14
any
individual
not
eligible
as
a
public
assistance
recipient,
15
which
has
accrued
through
written
contract,
subrogation,
or
16
court
judgment,
and
which
is
in
the
form
of
a
liquidated
sum
17
due
and
owing
for
the
care,
support,
or
maintenance
of
a
child.
18
Unless
the
periodic
payment
plan
provisions
for
a
retroactive
19
modification
pursuant
to
section
598.21C
apply,
the
entire
20
amount
of
a
judgment
for
accrued
support,
notwithstanding
21
compliance
with
a
periodic
payment
plan
or
regardless
of
the
22
date
of
entry
of
the
judgment,
is
due
and
owing
as
of
the
date
23
of
entry
of
the
judgment
and
is
delinquent
for
the
purposes
of
24
setoff,
including
for
setoff
against
a
debtor’s
federal
income
25
tax
refund
or
other
federal
nontax
payment.
The
department
26
of
human
services
shall
adopt
rules
pursuant
to
chapter
27
17A
necessary
to
assist
the
department
of
administrative
28
services
in
the
implementation
of
the
child
support
setoff
as
29
established
under
section
8A.504
.
30
5.
a.
In
order
to
maximize
the
amount
of
any
tax
refund
31
to
which
an
obligor
may
be
entitled
and
which
may
be
applied
32
to
child
support
and
medical
support
obligations,
cooperate
33
with
any
volunteer
or
free
income
tax
assistance
programs
in
34
the
state
in
informing
obligors
of
the
availability
of
the
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programs.
1
b.
The
child
Child
support
recovery
unit
services
shall
2
publicize
the
services
of
the
volunteer
or
free
income
tax
3
assistance
programs
by
distributing
printed
materials
regarding
4
the
programs.
5
6.
Determine
periodically
whether
an
individual
receiving
6
unemployment
compensation
benefits
under
chapter
96
owes
a
7
support
obligation
which
is
being
enforced
by
the
unit
child
8
support
services
,
and
enforce
the
support
obligation
through
9
court
or
administrative
proceedings
to
have
specified
amounts
10
withheld
from
the
individual’s
unemployment
compensation
11
benefits.
12
7.
Assistance
in
obtaining
medical
support
as
defined
in
13
chapter
252E
.
14
8.
a.
At
the
request
of
either
parent
who
is
subject
to
15
the
order
of
support
or
upon
its
own
initiation,
review
the
16
amount
of
the
support
award
in
accordance
with
the
guidelines
17
established
pursuant
to
section
598.21B
,
and
Tit.
IV-D
of
the
18
federal
Social
Security
Act,
as
amended,
and
take
action
to
19
initiate
modification
proceedings
if
the
criteria
established
20
pursuant
to
this
section
are
met.
However,
a
review
of
a
21
support
award
is
not
required
if
the
child
support
recovery
22
unit
services
determines
that
such
a
review
would
not
be
in
the
23
best
interest
of
the
child
and
neither
parent
has
requested
24
such
review.
25
b.
The
department
shall
adopt
rules
setting
forth
the
26
process
for
review
of
requests
for
modification
of
support
27
obligations
and
the
criteria
and
process
for
taking
action
to
28
initiate
modification
proceedings.
29
9.
a.
Assistance,
in
consultation
with
the
department
30
of
administrative
services,
in
identifying
and
taking
action
31
against
self-employed
individuals
as
identified
by
the
32
following
conditions:
33
(1)
The
individual
owes
support
pursuant
to
a
court
or
34
administrative
order
being
enforced
by
the
unit
child
support
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services
and
is
delinquent
in
an
amount
equal
to
or
greater
1
than
the
support
obligation
amount
assessed
for
one
month.
2
(2)
The
individual
has
filed
a
state
income
tax
return
in
3
the
preceding
twelve
months.
4
(3)
The
individual
has
no
reported
tax
withholding
amount
on
5
the
most
recent
state
income
tax
return.
6
(4)
The
individual
has
failed
to
enter
into
or
comply
with
a
7
formalized
repayment
plan
with
the
unit
child
support
services
.
8
(5)
The
individual
has
failed
to
make
either
all
current
9
support
payments
in
accordance
with
the
court
or
administrative
10
order
or
to
make
payments
against
any
delinquency
in
each
of
11
the
preceding
twelve
months.
12
b.
The
unit
Child
support
services
may
forward
information
13
to
the
department
of
administrative
services
as
necessary
to
14
implement
this
subsection
,
including
but
not
limited
to
both
15
of
the
following:
16
(1)
The
name
and
social
security
number
of
the
individual.
17
(2)
Support
obligation
information
in
the
specific
case,
18
including
the
amount
of
the
delinquency.
19
10.
The
review
and
adjustment,
modification,
or
alteration
20
of
a
support
order
pursuant
to
chapter
252H
upon
adoption
of
21
rules
pursuant
to
chapter
17A
and
periodic
notification,
at
22
a
minimum
of
once
every
three
years,
to
parents
subject
to
a
23
support
order
of
their
rights
to
these
services.
24
11.
The
unit
Child
support
services
shall
not
establish
25
orders
for
spousal
support.
The
unit
Child
support
services
26
shall
enforce
orders
for
spousal
support
only
if
the
spouse
is
27
the
custodial
parent
of
a
child
for
whom
the
unit
child
support
28
services
is
also
enforcing
a
child
support
or
medical
support
29
order.
30
12.
a.
In
compliance
with
federal
procedures,
periodically
31
certify
to
the
secretary
of
the
United
States
department
of
32
health
and
human
services,
a
list
of
the
names
of
obligors
33
determined
by
the
unit
child
support
services
to
owe
delinquent
34
support,
under
a
support
order
as
defined
in
section
252J.1
,
in
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excess
of
two
thousand
five
hundred
dollars.
The
certification
1
of
the
delinquent
amount
owed
may
be
based
upon
one
or
more
2
support
orders
being
enforced
by
the
unit
child
support
3
services
if
the
delinquent
support
owed
exceeds
two
thousand
4
five
hundred
dollars.
The
certification
shall
include
any
5
amounts
which
are
delinquent
pursuant
to
the
periodic
payment
6
plan
when
a
modified
order
has
been
retroactively
applied.
7
The
certification
shall
be
in
a
format
and
shall
include
any
8
supporting
documentation
required
by
the
secretary.
9
b.
All
of
the
following
shall
apply
to
an
action
initiated
10
by
the
unit
child
support
services
under
this
subsection
:
11
(1)
The
obligor
shall
be
sent
a
notice
by
regular
mail
in
12
accordance
with
federal
law
and
regulations
and
the
notice
13
shall
remain
in
effect
until
support
delinquencies
have
been
14
paid
in
full.
15
(2)
The
notice
shall
include
all
of
the
following:
16
(a)
A
statement
regarding
the
amount
of
delinquent
support
17
owed
by
the
obligor.
18
(b)
A
statement
providing
information
that
if
the
19
delinquency
is
in
excess
of
two
thousand
five
hundred
dollars,
20
the
United
States
secretary
of
state
may
apply
a
passport
21
sanction
by
revoking,
restricting,
limiting,
or
refusing
to
22
issue
a
passport
as
provided
in
42
U.S.C.
§652(k).
23
(c)
Information
regarding
the
procedures
for
challenging
24
the
certification
by
the
unit
child
support
services
.
25
(3)
(a)
If
the
obligor
chooses
to
challenge
the
26
certification,
the
obligor
shall
notify
the
unit
child
support
27
services
within
the
time
period
specified
in
the
notice
to
the
28
obligor.
The
obligor
shall
include
any
relevant
information
29
with
the
challenge.
30
(b)
A
challenge
shall
be
based
upon
mistake
of
fact.
For
31
the
purposes
of
this
subsection
,
“mistake
of
fact”
means
a
32
mistake
in
the
identity
of
the
obligor
or
a
mistake
in
the
33
amount
of
the
delinquent
child
support
owed
if
the
amount
did
34
not
exceed
two
thousand
five
hundred
dollars
on
the
date
of
the
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unit’s
child
support
services’
decision
on
the
challenge.
1
(4)
Upon
timely
receipt
of
the
challenge,
the
unit
child
2
support
services
shall
review
the
certification
for
a
mistake
3
of
fact,
or
refer
the
challenge
for
review
to
the
child
support
4
agency
in
the
state
chosen
by
the
obligor
as
provided
by
5
federal
law.
6
(5)
Following
the
unit’s
child
support
services’
review
of
7
the
certification,
the
unit
child
support
services
shall
send
8
a
written
decision
to
the
obligor
within
ten
days
of
timely
9
receipt
of
the
challenge.
10
(a)
If
the
unit
child
support
services
determines
that
11
a
mistake
of
fact
exists,
the
unit
child
support
services
12
shall
send
notification
in
accordance
with
federal
procedures
13
withdrawing
the
certification
for
passport
sanction.
14
(b)
If
the
unit
child
support
services
determines
that
a
15
mistake
of
fact
does
not
exist,
the
obligor
may
contest
the
16
determination
within
ten
days
following
the
issuance
of
the
17
decision
by
submitting
a
written
request
for
a
contested
case
18
proceeding
pursuant
to
chapter
17A
.
19
(6)
Following
issuance
of
a
final
decision
under
chapter
20
17A
that
no
mistake
of
fact
exists,
the
obligor
may
request
a
21
hearing
before
the
district
court
pursuant
to
chapter
17A
.
The
22
department
shall
transmit
a
copy
of
its
record
to
the
district
23
court
pursuant
to
chapter
17A
.
The
scope
of
the
review
by
the
24
district
court
shall
be
limited
to
demonstration
of
a
mistake
25
of
fact.
Issues
related
to
visitation,
custody,
or
other
26
provisions
not
related
to
the
support
provisions
of
a
support
27
order
are
not
grounds
for
a
hearing
under
this
subsection
.
28
c.
Following
certification
to
the
secretary,
if
the
29
unit
child
support
services
determines
that
an
obligor
no
30
longer
owes
delinquent
support
in
excess
of
two
thousand
five
31
hundred
dollars,
the
unit
child
support
services
shall
provide
32
information
and
notice
as
the
secretary
requires
to
withdraw
33
the
certification
for
passport
sanction.
34
13.
a.
Impose
an
annual
fee,
which
shall
be
retained
from
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support
collected
on
behalf
of
the
obligee,
in
accordance
with
1
42
U.S.C.
§654(6)(B)(ii).
The
unit
Child
support
services
2
shall
send
information
regarding
the
requirements
of
this
3
subsection
by
regular
mail
to
the
last
known
address
of
an
4
affected
obligee,
or
may
include
the
information
for
an
obligee
5
in
an
application
for
services
signed
by
the
obligee.
In
6
addition,
the
unit
child
support
services
shall
take
steps
7
necessary
regarding
the
fee
to
qualify
for
federal
funds
in
8
conformity
with
the
provisions
of
Tit.
IV-D
of
the
federal
9
Social
Security
Act,
including
receiving
and
accounting
for
10
fee
payments,
as
appropriate,
through
the
collection
services
11
center
created
in
section
252B.13A
.
12
b.
Fees
collected
pursuant
to
this
subsection
shall
be
13
considered
repayment
receipts
as
defined
in
section
8.2
,
and
14
shall
be
used
for
the
purposes
of
the
unit
child
support
15
services
.
The
director
shall
maintain
an
accurate
record
of
16
the
fees
collected
and
expended
under
this
subsection
.
17
c.
Until
such
time
as
a
methodology
to
secure
payment
of
18
the
collections
fee
from
the
obligor
is
provided
by
law,
an
19
obligee
may
act
pursuant
to
this
paragraph
to
recover
the
20
collections
fee
from
the
obligor.
If
the
unit
child
support
21
services
retains
all
or
a
portion
of
the
collections
fee
22
imposed
pursuant
to
paragraph
“a”
in
a
federal
fiscal
year,
23
there
is
an
automatic
nonsupport
judgment,
in
an
amount
equal
24
to
the
amount
retained,
against
the
obligor
payable
to
the
25
obligee.
This
paragraph
shall
serve
as
constructive
notice
26
that
the
fee
amount,
once
retained,
is
an
automatic
nonsupport
27
judgment
against
the
obligor.
The
obligee
may
use
any
legal
28
means,
including
the
lien
created
by
the
nonsupport
judgment,
29
to
collect
the
nonsupport
judgment.
30
Sec.
849.
Section
252B.6,
unnumbered
paragraph
1,
Code
31
2023,
is
amended
to
read
as
follows:
32
In
addition
to
the
services
enumerated
in
section
252B.5
,
33
the
unit
child
support
services
may
provide
the
following
34
services
in
the
case
of
a
dependent
child
for
whom
public
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assistance
is
being
provided:
1
Sec.
850.
Section
252B.6,
subsection
3,
Code
2023,
is
2
amended
to
read
as
follows:
3
3.
Appear
on
behalf
of
the
state
for
the
purpose
of
4
facilitating
the
modification
of
support
awards
consistent
5
with
guidelines
established
pursuant
to
section
598.21B
,
6
and
Tit.
IV-D
of
the
federal
Social
Security
Act.
The
unit
7
Child
support
services
shall
not
otherwise
participate
in
the
8
proceeding.
9
Sec.
851.
Section
252B.6A,
Code
2023,
is
amended
to
read
as
10
follows:
11
252B.6A
External
services.
12
1.
Provided
that
the
action
is
consistent
with
applicable
13
federal
law
and
regulation,
an
attorney
licensed
in
this
state
14
shall
receive
compensation
as
provided
in
this
section
for
15
support
collected
as
the
direct
result
of
a
judicial
proceeding
16
maintained
by
the
attorney,
if
all
of
the
following
apply
to
17
the
case:
18
a.
The
unit
Child
support
services
is
providing
services
19
under
this
chapter
.
20
b.
The
current
support
obligation
is
terminated
and
only
21
arrearages
are
due
under
an
administrative
or
court
order
and
22
there
has
been
no
payment
under
the
order
for
at
least
the
23
twelve-month
period
prior
to
the
provision
of
notice
to
the
24
unit
child
support
services
by
the
attorney
under
this
section
.
25
c.
Support
is
assigned
to
the
state
based
upon
cash
26
assistance
paid
under
chapter
239B
,
or
its
successor.
27
d.
The
attorney
has
provided
written
notice
to
the
central
28
office
of
the
unit
child
support
services
and
to
the
obligee
at
29
the
last
known
address
of
the
obligee
of
the
intent
to
initiate
30
a
specified
judicial
proceeding,
at
least
thirty
days
prior
to
31
initiating
the
proceeding.
32
e.
The
attorney
has
provided
documentation
to
the
unit
child
33
support
services
that
the
attorney
is
insured
against
loss
34
caused
by
the
attorney’s
legal
malpractice
or
acts
or
omissions
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of
the
attorney
which
result
in
loss
to
the
state
or
other
1
person.
2
f.
The
collection
is
received
by
the
collection
services
3
center
within
ninety
days
of
provision
of
the
notice
to
4
the
unit
child
support
services
.
An
attorney
may
provide
5
subsequent
notices
to
the
unit
child
support
services
to
extend
6
the
time
for
receipt
of
the
collection
by
subsequent
ninety-day
7
periods.
8
2.
a.
If,
prior
to
February
15,
1998,
notice
is
provided
9
pursuant
to
subsection
1
to
initiate
a
specific
judicial
10
proceeding,
this
section
shall
not
apply
to
the
proceeding
11
unless
the
unit
child
support
services
consents
to
the
12
proceeding.
13
b.
(1)
If,
on
or
after
February
15,
1998,
notice
is
14
provided
pursuant
to
subsection
1
to
initiate
a
specific
15
judicial
proceeding,
this
section
shall
apply
to
the
proceeding
16
only
if
the
case
is
exempt
from
application
of
rules
adopted
17
by
the
department
pursuant
to
subparagraph
(2)
which
limit
18
application
of
this
section
.
19
(2)
The
department
shall
adopt
rules
which
include,
but
20
are
not
limited
to,
exemption
from
application
of
this
section
21
to
proceedings
based
upon,
but
not
limited
to,
any
of
the
22
following:
23
(a)
A
finding
of
good
cause
pursuant
to
section
252B.3
.
24
(b)
The
existence
of
a
support
obligation
due
another
state
25
based
upon
public
assistance
provided
by
that
state.
26
(c)
The
maintaining
of
another
proceeding
by
an
attorney
27
under
this
section
for
which
the
unit
child
support
services
28
has
not
received
notice
that
the
proceeding
has
concluded
or
29
the
ninety-day
period
during
which
a
collection
may
be
received
30
pertaining
to
the
same
case
has
not
yet
expired.
31
(d)
The
initiation
of
a
seek
employment
action
under
section
32
252B.21
,
and
the
notice
from
the
attorney
indicates
that
the
33
attorney
intends
to
pursue
a
contempt
action.
34
(e)
Any
other
basis
for
exemption
of
a
specified
proceeding
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designated
by
rule
which
relates
to
collection
and
enforcement
1
actions
provided
by
the
unit
child
support
services
.
2
3.
The
unit
Child
support
services
shall
issue
a
response
3
to
the
attorney
providing
notice
within
ten
days
of
receipt
of
4
the
notice.
The
response
shall
advise
the
attorney
whether
the
5
case
to
which
the
specified
judicial
proceeding
applies
meets
6
the
requirements
of
this
section
.
7
4.
For
the
purposes
of
this
section
,
a
“judicial
proceeding”
8
means
an
action
to
enforce
support
filed
with
a
court
of
9
competent
jurisdiction
in
which
the
court
issues
an
order
which
10
identifies
the
amount
of
the
support
collection
which
is
a
11
direct
result
of
the
court
proceeding.
“Judicial
proceedings”
12
include
but
are
not
limited
to
those
pursuant
to
chapters
13
598
,
626
,
633
,
642
,
654
,
or
684
and
also
include
contempt
14
proceedings
if
the
collection
payment
is
identified
in
the
15
court
order
as
the
result
of
such
a
proceeding.
“Judicial
16
proceedings”
do
not
include
enforcement
actions
which
the
unit
17
child
support
services
is
required
to
implement
under
federal
18
law
including,
but
not
limited
to,
income
withholding.
19
5.
All
of
the
following
are
applicable
to
a
collection
20
which
is
the
result
of
a
judicial
proceeding
which
meets
the
21
requirements
of
this
section
:
22
a.
All
payments
made
as
the
result
of
a
judicial
proceeding
23
under
this
section
shall
be
made
to
the
clerk
of
the
district
24
court
or
to
the
collection
services
center
and
shall
not
be
25
made
to
the
attorney.
Payments
received
by
the
clerk
of
the
26
district
court
shall
be
forwarded
to
the
collection
services
27
center
as
provided
in
section
252B.15
.
28
b.
The
attorney
shall
be
entitled
to
receive
an
amount
29
which
is
equal
to
twenty-five
percent
of
the
support
collected
30
as
the
result
of
the
specified
judicial
proceeding
not
to
31
exceed
the
amount
of
the
nonfederal
share
of
assigned
support
32
collected
as
the
result
of
that
proceeding.
The
amount
paid
33
under
this
paragraph
is
the
full
amount
of
compensation
due
the
34
attorney
for
a
proceeding
under
this
section
and
is
in
lieu
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of
any
attorney
fees.
The
court
shall
not
order
the
obligor
1
to
pay
additional
attorney
fees.
The
amount
of
compensation
2
calculated
by
the
unit
child
support
services
is
subject,
upon
3
application
of
the
attorney,
to
judicial
review.
4
c.
Any
support
collected
shall
be
disbursed
in
accordance
5
with
federal
requirements
and
any
support
due
the
obligee
6
shall
be
disbursed
to
the
obligee
prior
to
disbursement
to
the
7
attorney
as
compensation.
8
d.
The
collection
services
center
shall
disburse
9
compensation
due
the
attorney
only
from
the
nonfederal
share
of
10
assigned
collections.
The
collection
services
center
shall
not
11
disburse
any
compensation
for
court
costs.
12
e.
The
unit
Child
support
services
may
delay
disbursement
13
to
the
attorney
pending
the
resolution
of
any
timely
appeal
by
14
the
obligor
or
obligee.
15
f.
Negotiation
of
a
partial
payment
or
settlement
for
16
support
shall
not
be
made
without
the
approval
of
the
unit
17
child
support
services
and
the
obligee,
as
applicable.
18
6.
The
attorney
initiating
a
judicial
proceeding
under
this
19
section
shall
notify
the
unit
child
support
services
when
the
20
judicial
proceeding
is
completed.
21
7.
a.
An
attorney
who
initiates
a
judicial
proceeding
under
22
this
section
represents
the
state
for
the
sole
and
limited
23
purpose
of
collecting
support
to
the
extent
provided
in
this
24
section
.
25
b.
The
attorney
is
not
an
employee
of
the
state
and
has
no
26
right
to
any
benefit
or
compensation
other
than
as
specified
in
27
this
section
.
28
c.
The
state
is
not
liable
or
subject
to
suit
for
any
acts
29
or
omissions
resulting
in
any
damages
as
a
consequence
of
the
30
attorney’s
acts
or
omissions
under
this
section
.
31
d.
The
attorney
shall
hold
the
state
harmless
from
any
act
32
or
omissions
of
the
attorney
which
may
result
in
any
penalties
33
or
sanctions,
including
those
imposed
under
federal
bankruptcy
34
laws,
and
the
state
may
recover
any
penalty
or
sanction
imposed
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by
offsetting
any
compensation
due
the
attorney
under
this
1
section
for
collections
received
as
a
result
of
any
judicial
2
proceeding
initiated
under
this
section
.
3
e.
The
attorney
initiating
a
proceeding
under
this
section
4
does
not
represent
the
obligor.
5
8.
The
unit
Child
support
services
shall
comply
with
all
6
state
and
federal
laws
regarding
confidentiality.
The
unit
7
Child
support
services
may
release
to
an
attorney
who
has
8
provided
notice
under
this
section
,
information
regarding
child
9
support
balances
due,
to
the
extent
provided
under
such
laws.
10
9.
This
section
shall
not
be
interpreted
to
prohibit
11
the
unit
child
support
services
from
providing
services
or
12
taking
other
actions
to
enforce
support
as
provided
under
this
13
chapter
.
14
Sec.
852.
Section
252B.7,
Code
2023,
is
amended
to
read
as
15
follows:
16
252B.7
Legal
services.
17
1.
The
attorney
general
may
perform
the
legal
services
for
18
the
child
support
recovery
program
services
and
may
enforce
19
all
laws
for
the
recovery
of
child
support
from
responsible
20
relatives.
The
attorney
general
may
file
and
prosecute:
21
a.
Contempt
of
court
proceedings
to
enforce
any
order
of
22
court
pertaining
to
child
support.
23
b.
Cases
under
chapter
252A
,
the
support
of
dependents
law.
24
c.
An
information
charging
a
violation
of
section
726.3
,
25
726.5
or
726.6
.
26
d.
Any
other
lawful
action
which
will
secure
collection
of
27
support
for
minor
children.
28
2.
For
the
purposes
of
subsection
1
,
the
attorney
general
29
has
the
same
power
to
commence,
file
and
prosecute
any
action
30
or
information
in
the
proper
jurisdiction,
which
the
county
31
attorney
could
file
or
prosecute
in
that
jurisdiction.
This
32
section
does
not
relieve
a
county
attorney
from
the
county
33
attorney’s
duties,
or
the
attorney
general
from
the
supervisory
34
power
of
the
attorney
general,
in
the
recovery
of
child
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support.
1
3.
The
unit
Child
support
services
may
contract
with
2
a
county
attorney,
the
attorney
general,
a
clerk
of
the
3
district
court,
or
another
person
or
agency
to
collect
support
4
obligations
and
to
administer
the
child
support
program
5
established
services
required
pursuant
to
this
chapter
.
6
Notwithstanding
section
13.7
,
the
unit
child
support
services
7
may
contract
with
private
attorneys
for
the
prosecution
of
8
civil
collection
and
recovery
cases
and
may
pay
reasonable
9
compensation
and
expenses
to
private
attorneys
for
the
10
prosecution
services
provided.
11
4.
An
attorney
employed
by
or
under
contract
with
the
child
12
support
recovery
unit
services
represents
and
acts
exclusively
13
on
behalf
of
the
state
when
providing
child
support
enforcement
14
services.
An
attorney-client
relationship
does
not
exist
15
between
the
attorney
and
an
individual
party,
witness,
or
16
person
other
than
the
state,
regardless
of
the
name
in
which
17
the
action
is
brought.
18
Sec.
853.
Section
252B.7A,
Code
2023,
is
amended
to
read
as
19
follows:
20
252B.7A
Determining
parent’s
income.
21
1.
The
unit
Child
support
services
shall
use
any
of
the
22
following
in
determining
the
amount
of
the
net
monthly
income
23
of
a
parent
for
purposes
of
establishing
or
modifying
a
support
24
obligation:
25
a.
Income
as
identified
in
a
signed
statement
of
the
26
parent
pursuant
to
section
252B.9,
subsection
1
,
paragraph
27
“b”
.
If
evidence
suggests
that
the
statement
is
incomplete
28
or
inaccurate,
the
unit
child
support
services
may
present
29
the
evidence
to
the
court
in
a
judicial
proceeding
or
to
the
30
administrator
director
in
a
proceeding
under
chapter
252C
or
31
a
comparable
chapter,
and
the
court
or
administrator
director
32
shall
weigh
the
evidence
in
setting
the
support
obligation.
33
Evidence
includes
but
is
not
limited
to
income
as
established
34
under
paragraph
“c”
.
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b.
If
a
sworn
statement
is
not
provided
by
the
parent,
the
1
unit
child
support
services
may
determine
income
as
established
2
under
paragraph
“c”
or
“d”
.
3
c.
Income
established
by
any
of
the
following:
4
(1)
Income
verified
by
an
employer
or
payor
of
income.
5
(2)
Income
reported
to
the
department
of
workforce
6
development.
7
(3)
For
a
public
assistance
recipient,
income
as
reported
to
8
the
department
case
worker
assigned
to
the
public
assistance
9
case.
10
(4)
Other
written
documentation
which
identifies
income.
11
d.
By
July
1,
1999,
the
department
shall
adopt
rules
for
12
imputing
income,
whenever
possible,
based
on
the
earning
13
capacity
of
a
parent
who
does
not
provide
income
information
14
or
for
whom
income
information
is
not
available.
Until
such
15
time
as
the
department
adopts
rules
establishing
a
different
16
standard
for
determining
the
income
of
a
parent
who
does
not
17
provide
income
information
or
for
whom
income
information
18
is
not
available,
the
estimated
state
median
income
for
a
19
one-person
family
as
published
annually
in
the
federal
register
20
for
use
by
the
federal
office
of
community
services,
office
of
21
energy
assistance,
for
the
subsequent
federal
fiscal
year.
22
(1)
This
provision
is
effective
beginning
July
1,
1992,
23
based
upon
the
information
published
in
the
federal
register
24
dated
March
8,
1991.
25
(2)
The
unit
Child
support
services
may
revise
the
estimated
26
income
each
October
1.
If
the
estimate
is
not
available
or
has
27
not
been
published,
the
unit
child
support
services
may
revise
28
the
estimate
when
it
becomes
available.
29
e.
When
the
income
information
obtained
pursuant
to
this
30
subsection
does
not
include
the
information
necessary
to
31
determine
the
net
monthly
income
of
the
parent,
the
unit
child
32
support
services
may
deduct
twenty
percent
from
the
parent’s
33
gross
monthly
income
to
arrive
at
the
net
monthly
income
34
figure.
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2.
The
amount
of
the
income
determined
may
be
challenged
any
1
time
prior
to
the
entry
of
a
new
or
modified
order
for
support.
2
3.
If
the
child
support
recovery
unit
services
is
providing
3
services
pursuant
to
this
chapter
,
the
court
shall
use
the
4
income
figure
determined
pursuant
to
this
section
when
applying
5
the
guidelines
to
determine
the
amount
of
support.
6
4.
The
department
may
develop
rules
as
necessary
to
further
7
implement
disclosure
of
financial
information
of
the
parties.
8
Sec.
854.
Section
252B.7B,
Code
2023,
is
amended
to
read
as
9
follows:
10
252B.7B
Informational
materials
provided
by
the
unit
child
11
support
services
.
12
1.
The
unit
Child
support
services
shall
prepare
and
make
13
available
to
the
public,
informational
materials
which
explain
14
the
unit’s
child
support
services’
procedures
including,
but
15
not
limited
to,
procedures
with
regard
to
all
of
the
following:
16
a.
Accepting
applications
for
services.
17
b.
Locating
individuals.
18
c.
Establishing
paternity.
19
d.
Establishing
support.
20
e.
Enforcing
support.
21
f.
Modifying,
suspending,
or
reinstating
support.
22
g.
Terminating
services.
23
2.
The
informational
materials
shall
include
general
24
information
about
and
descriptions
of
the
processes
involved
25
relating
to
the
services
provided
by
the
unit
child
support
26
services
including
application
for
services,
fees
for
services,
27
the
responsibilities
of
the
recipient
of
services,
resolution
28
of
disagreements
with
the
unit
child
support
services
,
rights
29
to
challenge
the
actions
of
the
unit
child
support
services
,
30
and
obtaining
additional
information.
31
Sec.
855.
Section
252B.8,
Code
2023,
is
amended
to
read
as
32
follows:
33
252B.8
Central
information
center.
34
The
department
shall
establish
within
the
unit
child
support
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services
an
information
and
administration
coordinating
center
1
which
shall
serve
as
a
registry
for
the
receipt
of
information
2
and
for
answering
interstate
inquiries
concerning
absent
3
parents
and
shall
coordinate
and
supervise
unit
child
support
4
services’
activities.
The
information
and
administration
5
coordinating
center
shall
promote
cooperation
between
the
6
unit
child
support
services
and
law
enforcement
agencies
to
7
facilitate
the
effective
operation
of
the
unit
child
support
8
services
.
9
Sec.
856.
Section
252B.9,
Code
2023,
is
amended
to
read
as
10
follows:
11
252B.9
Information
and
assistance
from
others
——
availability
12
of
records.
13
1.
a.
The
director
may
request
from
state,
county,
and
14
local
agencies
information
and
assistance
deemed
necessary
to
15
carry
out
the
provisions
of
this
chapter
.
State,
county,
and
16
local
agencies,
officers,
and
employees
shall
cooperate
with
17
the
unit
child
support
services
and
shall
on
request
supply
the
18
department
with
available
information
relative
to
the
absent
19
parent,
the
custodial
parent,
and
any
other
necessary
party,
20
notwithstanding
any
provisions
of
law
making
this
information
21
confidential.
The
cooperation
and
information
required
by
this
22
subsection
shall
also
be
provided
when
it
is
requested
by
a
23
child
support
agency.
Information
required
by
this
subsection
24
includes,
but
is
not
limited
to,
information
relative
to
25
location,
income,
property
holdings,
records
of
licenses
as
26
defined
in
section
252J.1
,
and
records
concerning
the
ownership
27
and
control
of
corporations,
partnerships,
and
other
business
28
entities.
If
the
information
is
maintained
in
an
automated
29
database,
the
unit
child
support
services
shall
be
provided
30
automated
access.
31
b.
Parents
of
a
child
on
whose
behalf
support
enforcement
32
services
are
provided
shall
provide
information
regarding
33
income,
resources,
financial
circumstances,
and
property
34
holdings
to
the
department
for
the
purpose
of
establishment,
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modification,
or
enforcement
of
a
support
obligation.
The
1
department
may
provide
the
information
to
parents
of
a
child
2
as
needed
to
implement
the
requirements
of
section
598.21B
,
3
notwithstanding
any
provisions
of
law
making
this
information
4
confidential.
5
c.
Notwithstanding
any
provisions
of
law
making
this
6
information
confidential,
all
persons,
including
for-profit,
7
nonprofit,
and
governmental
employers,
shall,
on
request,
8
promptly
supply
the
unit
child
support
services
or
a
child
9
support
agency
information
on
the
employment,
compensation,
10
and
benefits
of
any
individual
employed
by
such
person
as
11
an
employee
or
contractor
with
relation
to
whom
the
unit
12
child
support
services
or
a
child
support
agency
is
providing
13
services.
14
d.
Notwithstanding
any
provisions
of
law
making
this
15
information
confidential,
the
unit
child
support
services
may
16
subpoena
or
a
child
support
agency
may
use
the
administrative
17
subpoena
form
promulgated
by
the
secretary
of
the
United
18
States
department
of
health
and
human
services
under
42
U.S.C.
19
§652(a)(11)(C),
to
obtain
any
of
the
following:
20
(1)
Books,
papers,
records,
or
information
regarding
any
21
financial
or
other
information
relating
to
a
paternity
or
22
support
proceeding.
23
(2)
Certain
records
held
by
public
utilities,
cable
or
24
other
television
companies,
cellular
telephone
companies,
and
25
internet
service
providers
with
respect
to
individuals
who
26
owe
or
are
owed
support,
or
against
or
with
respect
to
whom
27
a
support
obligation
is
sought,
consisting
of
the
names
and
28
addresses
of
such
individuals
and
the
names
and
addresses
of
29
the
employers
of
such
individuals,
as
appearing
in
customer
30
records,
and
including
the
cellular
telephone
numbers
of
such
31
individuals
appearing
in
the
customer
records
of
cellular
32
telephone
companies.
If
the
records
are
maintained
in
33
automated
databases,
the
unit
child
support
services
shall
be
34
provided
with
automated
access.
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e.
The
unit
Child
support
services
or
a
child
support
agency
1
may
subpoena
information
for
one
or
more
individuals.
2
f.
If
the
unit
child
support
services
or
a
child
support
3
agency
issues
a
request
under
paragraph
“c”
,
or
a
subpoena
under
4
paragraph
“d”
,
all
of
the
following
shall
apply:
5
(1)
The
unit
Child
support
services
or
a
child
support
6
agency
may
issue
a
request
or
subpoena
to
a
person
by
sending
7
it
by
regular
mail.
Proof
of
service
may
be
completed
8
according
to
rule
of
civil
procedure
1.442
.
9
(2)
A
person
who
is
not
a
parent
or
putative
father
in
a
10
paternity
or
support
proceeding,
who
is
issued
a
request
or
11
subpoena,
shall
be
provided
an
opportunity
to
refuse
to
comply
12
for
good
cause
by
filing
a
request
for
a
conference
with
the
13
unit
child
support
services
or
a
child
support
agency
in
the
14
manner
and
within
the
time
specified
in
rules
adopted
pursuant
15
to
subparagraph
(7).
16
(3)
Good
cause
shall
be
limited
to
mistake
in
the
identity
17
of
the
person,
or
prohibition
under
federal
law
to
release
such
18
information.
19
(4)
After
the
conference
the
unit
child
support
services
20
shall
issue
a
notice
finding
that
the
person
has
good
cause
21
for
refusing
to
comply,
or
a
notice
finding
that
the
person
22
does
not
have
good
cause
for
failing
to
comply.
If
the
person
23
refuses
to
comply
after
issuance
of
notice
finding
lack
of
good
24
cause,
or
refuses
to
comply
and
does
not
request
a
conference,
25
the
person
is
subject
to
a
penalty
of
one
hundred
dollars
per
26
refusal.
27
(5)
If
the
person
fails
to
comply
with
the
request
or
28
subpoena,
fails
to
request
a
conference,
and
fails
to
pay
a
29
penalty
imposed
under
subparagraph
(4),
the
unit
child
support
30
services
may
petition
the
district
court
to
compel
the
person
31
to
comply
with
this
paragraph.
If
the
person
objects
to
32
imposition
of
the
penalty,
the
person
may
seek
judicial
review
33
by
the
district
court.
34
(6)
If
a
parent
or
putative
father
fails
to
comply
with
a
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subpoena
or
request
for
information,
the
provisions
of
chapter
1
252J
shall
apply.
2
(7)
The
unit
Child
support
services
may
adopt
rules
pursuant
3
to
chapter
17A
to
implement
this
section
.
4
g.
Notwithstanding
any
provisions
of
law
making
this
5
information
confidential,
the
unit
child
support
services
6
or
a
child
support
agency
shall
have
access
to
records
and
7
information
held
by
financial
institutions
with
respect
to
8
individuals
who
owe
or
are
owed
support,
or
with
respect
to
9
whom
a
support
obligation
is
sought
including
information
on
10
assets
and
liabilities.
If
the
records
are
maintained
in
11
automated
databases,
the
unit
child
support
services
shall
12
be
provided
with
automated
access.
For
the
purposes
of
this
13
section
,
“financial
institution”
means
financial
institution
as
14
defined
in
section
252I.1
.
15
h.
Notwithstanding
any
law
to
the
contrary,
the
unit
16
child
support
services
and
a
child
support
agency
shall
have
17
access
to
any
data
maintained
by
the
state
of
Iowa
which
18
contains
information
that
would
aid
the
agency
in
locating
19
individuals.
Such
information
shall
include,
but
is
not
20
limited
to,
driver’s
license,
motor
vehicle,
and
criminal
21
justice
information.
However,
the
information
does
not
include
22
criminal
investigative
reports
or
intelligence
files
maintained
23
by
law
enforcement.
The
unit
Child
support
services
and
a
24
child
support
agency
shall
use
or
disclose
the
information
25
obtained
pursuant
to
this
paragraph
only
in
accordance
with
26
subsection
3
.
Criminal
history
records
maintained
by
the
27
department
of
public
safety
shall
be
disclosed
in
accordance
28
with
chapter
692
.
The
unit
Child
support
services
shall
also
29
have
access
to
the
protective
order
file
maintained
by
the
30
department
of
public
safety.
31
i.
Liability
shall
not
arise
under
this
subsection
with
32
respect
to
any
disclosure
by
a
person
as
required
by
this
33
subsection
,
and
no
advance
notice
from
the
unit
child
support
34
services
or
a
child
support
agency
is
required
prior
to
35
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requesting
information
or
assistance
or
issuing
a
subpoena
1
under
this
subsection
.
2
j.
Notwithstanding
any
provision
of
law
making
this
3
information
confidential,
data
provided
to
the
department
by
an
4
insurance
carrier
under
section
505.25
shall
also
be
provided
5
to
the
unit
child
support
services
.
Provision
of
data
to
the
6
unit
child
support
services
under
this
paragraph
shall
not
7
require
an
agreement
or
modification
of
an
agreement
between
8
the
department
and
an
insurance
carrier,
but
the
provisions
9
of
this
section
applicable
to
information
received
by
the
10
unit
child
support
services
shall
apply
to
the
data
received
11
pursuant
to
section
505.25
in
lieu
of
any
confidentiality,
12
privacy,
disclosure,
use,
or
other
provisions
of
an
agreement
13
between
the
department
and
an
insurance
carrier.
14
2.
Notwithstanding
other
statutory
provisions
to
the
15
contrary,
including
but
not
limited
to
chapters
22
and
217
,
as
16
the
chapters
relate
to
confidentiality
of
records
maintained
by
17
the
department,
the
payment
records
of
the
collection
services
18
center
maintained
under
section
252B.13A
may
be
released,
19
except
when
prohibited
by
federal
law
or
regulation,
only
as
20
follows:
21
a.
Payment
records
of
the
collection
services
center
may
22
be
released
upon
request
for
the
administration
of
a
plan
or
23
program
approved
for
the
supplemental
nutrition
assistance
24
program
or
under
Tit.
IV,
XIX,
or
XXI
of
the
federal
Social
25
Security
Act,
as
amended,
and
as
otherwise
permitted
under
Tit.
26
IV-D
of
the
federal
Social
Security
Act,
as
amended.
A
payment
27
record
shall
not
include
address
or
location
information.
28
b.
The
department
may
release
details
related
to
payment
29
records
or
provide
alternative
formats
for
release
of
the
30
information
for
the
administration
of
a
plan
or
program
under
31
Tit.
IV-D
of
the
federal
Social
Security
Act,
as
amended,
32
including
as
follows:
33
(1)
The
unit
Child
support
services
or
the
collection
34
services
center
may
provide
detail
or
present
the
information
35
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in
an
alternative
format
to
an
individual
or
to
the
1
individual’s
legal
representative
if
the
individual
owes
or
is
2
owed
a
support
obligation,
to
an
agency
assigned
the
obligation
3
as
the
result
of
receipt
by
a
party
of
public
assistance,
to
an
4
agency
charged
with
enforcing
child
support
pursuant
to
Tit.
5
IV-D
of
the
federal
Social
Security
Act,
as
amended,
or
to
the
6
court.
7
(2)
For
support
orders
entered
in
Iowa
which
are
being
8
enforced
by
the
unit
child
support
services
,
the
unit
child
9
support
services
may
compile
and
make
available
for
publication
10
a
listing
of
cases
in
which
no
payment
has
been
credited
to
11
an
accrued
or
accruing
support
obligation
during
a
previous
12
three-month
period.
Each
case
on
the
list
shall
be
identified
13
only
by
the
name
of
the
support
obligor,
the
address,
if
known,
14
of
the
support
obligor,
unless
the
information
pertaining
15
to
the
address
of
the
support
obligor
is
protected
through
16
confidentiality
requirements
established
by
law
and
has
not
17
otherwise
been
verified
with
the
unit
child
support
services
,
18
the
support
obligor’s
court
order
docket
or
case
number,
the
19
county
in
which
the
obligor’s
support
order
is
filed,
the
20
collection
services
center
case
numbers,
and
the
range
within
21
which
the
balance
of
the
support
obligor’s
delinquency
is
22
established.
The
department
shall
determine
dates
for
the
23
release
of
information,
the
specific
format
of
the
information
24
released,
and
the
three-month
period
used
as
a
basis
for
25
identifying
cases.
The
department
may
not
release
the
26
information
more
than
twice
annually.
In
compiling
the
listing
27
of
cases,
no
prior
public
notice
to
the
obligor
is
required,
28
but
the
unit
child
support
services
may
send
notice
annually
29
by
mail
to
the
current
known
address
of
any
individual
owing
a
30
support
obligation
which
is
being
enforced
by
the
unit
child
31
support
services
.
The
notice
shall
inform
the
individual
of
32
the
provisions
of
this
subparagraph.
Actions
taken
pursuant
to
33
this
subparagraph
are
not
subject
to
review
under
chapter
17A
,
34
and
the
lack
of
receipt
of
a
notice
does
not
prevent
the
unit
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child
support
services
from
proceeding
in
implementing
this
1
subparagraph.
2
(3)
The
provisions
of
subparagraph
(2)
may
be
applied
to
3
support
obligations
entered
in
another
state,
at
the
request
4
of
a
child
support
agency
if
the
child
support
agency
has
5
demonstrated
that
the
provisions
of
subparagraph
(2)
are
not
6
in
conflict
with
the
laws
of
the
state
where
the
support
7
obligation
is
entered
and
the
unit
child
support
services
is
8
enforcing
the
support
obligation.
9
(4)
Records
relating
to
the
administration,
collection,
and
10
enforcement
of
surcharges
pursuant
to
section
252B.23
which
are
11
recorded
by
the
unit
child
support
services
or
a
collection
12
entity
shall
be
confidential
records
except
that
information,
13
as
necessary
for
support
collection
and
enforcement,
may
be
14
provided
to
other
governmental
agencies,
the
obligor
or
the
15
resident
parent,
or
a
collection
entity
under
contract
with
16
the
unit
child
support
services
unless
otherwise
prohibited
17
by
the
federal
law.
A
collection
entity
under
contract
with
18
the
unit
child
support
services
shall
use
information
obtained
19
for
the
sole
purpose
of
fulfilling
the
duties
required
under
20
the
contract,
and
shall
disclose
any
records
obtained
by
the
21
collection
entity
to
the
unit
child
support
services
for
use
in
22
support
establishment
and
enforcement.
23
3.
Notwithstanding
other
statutory
provisions
to
the
24
contrary,
including
but
not
limited
to
chapters
22
and
217
,
25
as
the
chapters
relate
to
the
confidentiality
of
records
26
maintained
by
the
department,
information
recorded
by
the
27
department
pursuant
to
this
section
or
obtained
by
the
unit
28
child
support
services
is
confidential
and,
except
when
29
prohibited
by
federal
law
or
regulation,
may
be
used
or
30
disclosed
as
provided
in
subsection
1
,
paragraphs
“b”
and
“h”
,
31
and
subsection
2
,
and
as
follows:
32
a.
The
attorney
general
may
utilize
the
information
33
to
secure,
modify,
or
enforce
a
support
obligation
of
an
34
individual.
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b.
This
subsection
shall
not
permit
or
require
the
release
1
of
information,
except
to
the
extent
provided
in
this
section
.
2
c.
The
unit
Child
support
services
may
release
or
disclose
3
information
as
necessary
to
provide
services
under
section
4
252B.5
,
as
provided
by
chapter
252G
,
as
provided
by
Tit.
IV-D
5
of
the
federal
Social
Security
Act,
as
amended,
or
as
required
6
by
federal
law.
7
d.
The
unit
Child
support
services
may
release
information
8
under
section
252B.9A
to
meet
the
requirements
of
Tit.
IV-D
of
9
the
federal
Social
Security
Act
for
parent
locator
services.
10
e.
Information
may
be
released
if
directly
connected
with
11
any
of
the
following:
12
(1)
The
administration
of
a
plan
or
program
approved
for
13
the
supplemental
nutrition
assistance
program
or
under
Tit.
IV,
14
XIX,
or
XXI
of
the
federal
Social
Security
Act,
as
amended.
15
(2)
Any
investigations,
prosecutions,
or
criminal
or
civil
16
proceeding
conducted
in
connection
with
the
administration
of
17
any
such
plan
or
program.
18
(3)
Reporting
to
an
appropriate
agency
or
official
of
19
any
such
plan
or
program,
information
on
known
or
suspected
20
instances
of
physical
or
mental
injury,
sexual
abuse
or
21
exploitation,
or
negligent
treatment
or
maltreatment
of
a
child
22
who
is
the
subject
of
a
child
support
enforcement
action
under
23
circumstances
which
indicate
that
the
child’s
health
or
welfare
24
is
threatened.
25
f.
Information
may
be
released
to
courts
having
jurisdiction
26
in
support
proceedings.
If
a
court
issues
an
order,
which
is
27
not
entered
under
section
252B.9A
,
directing
the
unit
child
28
support
services
to
disclose
confidential
information,
the
unit
29
child
support
services
may
file
a
motion
to
quash
pursuant
to
30
this
chapter
,
Tit.
IV-D
of
the
federal
Social
Security
Act,
or
31
other
applicable
law.
32
g.
The
child
Child
support
recovery
unit
services
may
33
release
information
for
the
administration
of
a
plan
or
program
34
approved
for
the
supplemental
nutrition
assistance
program
or
35
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under
Tit.
IV,
XIX,
or
XXI
of
the
federal
Social
Security
Act,
1
as
amended,
specified
under
subsection
2
or
this
subsection
,
to
2
the
extent
the
release
of
information
does
not
interfere
with
3
the
unit
child
support
services
meeting
its
own
obligations
4
under
Tit.
IV-D
of
the
federal
Social
Security
Act,
as
amended,
5
and
subject
to
requirements
prescribed
by
the
federal
office
6
of
child
support
enforcement
of
the
United
States
department
7
of
health
and
human
services.
8
h.
For
purposes
of
this
subsection
,
“party”
means
an
absent
9
parent,
obligor,
resident
parent,
or
other
necessary
party.
10
i.
If
the
unit
child
support
services
receives
notification
11
under
this
paragraph,
the
unit
child
support
services
shall
12
notify
the
federal
parent
locator
service
as
required
by
13
federal
law
that
there
is
reasonable
evidence
of
domestic
14
violence
or
child
abuse
against
a
party
or
a
child
and
that
the
15
disclosure
of
information
could
be
harmful
to
the
party
or
the
16
child.
The
notification
to
the
federal
parent
locator
service
17
shall
be
known
as
notification
of
a
disclosure
risk
indicator.
18
For
purposes
of
this
paragraph,
the
unit
child
support
services
19
shall
notify
the
federal
parent
locator
service
of
a
disclosure
20
risk
indicator
only
if
at
least
one
of
the
following
applies:
21
(1)
The
unit
Child
support
services
receives
notification
22
that
the
department,
or
comparable
agency
of
another
state,
has
23
made
a
finding
of
good
cause
or
other
exception
as
provided
in
24
section
252B.3
,
or
comparable
law
of
another
state.
25
(2)
The
unit
Child
support
services
receives
and,
through
26
automation,
matches
notification
from
the
department
of
public
27
safety
or
the
unit
child
support
services
receives
notification
28
from
a
court
of
this
or
another
state,
that
a
court
has
issued
29
a
protective
order
or
no-contact
order
against
a
party
with
30
respect
to
another
party
or
child.
31
(3)
The
unit
Child
support
services
receives
notification
32
that
a
court
has
dismissed
a
petition
for
specified
33
confidential
information
pursuant
to
section
252B.9A
.
34
(4)
The
unit
Child
support
services
receives
a
copy,
regular
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on
its
face,
of
a
notarized
affidavit
or
a
pleading,
which
was
1
signed
by
and
made
under
oath
by
a
party,
under
chapter
252K
,
2
the
uniform
interstate
family
support
Act,
or
the
comparable
3
law
of
another
state,
alleging
the
health,
safety,
or
liberty
4
of
the
party
or
child
would
be
jeopardized
by
the
disclosure
5
of
specific
identifying
information
unless
a
tribunal
under
6
chapter
252K
,
the
uniform
interstate
family
support
Act,
or
7
the
comparable
law
of
another
state,
ordered
the
identifying
8
information
of
a
party
or
child
be
disclosed.
9
(5)
The
unit
Child
support
services
receives
and,
through
10
automation,
matches
notification
from
the
division
of
child
and
11
family
services
of
the
department,
or
the
unit
child
support
12
services
receives
notification
from
a
comparable
agency
of
13
another
state,
of
a
founded
allegation
of
child
abuse,
or
a
14
comparable
finding
under
the
law
of
the
other
state.
15
(6)
The
unit
Child
support
services
receives
notification
16
that
an
individual
has
an
exemption
from
cooperation
with
child
17
support
enforcement
under
a
family
investment
program
safety
18
plan
which
addresses
family
or
domestic
violence.
19
(7)
The
unit
Child
support
services
receives
notification
20
that
an
individual
is
a
certified
program
participant
as
21
provided
in
chapter
9E
.
22
(8)
The
unit
Child
support
services
receives
notification,
23
as
the
result
of
a
request
under
section
252B.9A
,
of
the
24
existence
of
any
finding,
order,
affidavit,
pleading,
safety
25
plan,
certification,
or
founded
allegation
referred
to
in
26
subparagraphs
(1)
through
(7)
of
this
paragraph.
27
j.
The
unit
Child
support
services
may
provide
information
28
regarding
delinquent
obligors
as
provided
in
42
U.S.C.
29
§666(a)(7)
to
a
consumer
reporting
agency
if
all
the
following
30
apply:
31
(1)
The
agency
provides
the
unit
child
support
services
with
32
satisfactory
evidence
that
it
is
a
consumer
reporting
agency
33
as
defined
in
15
U.S.C.
§1681a(f)
and
meets
all
the
following
34
requirements:
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(a)
Compiles
and
maintains
files
on
consumers
on
a
1
nationwide
basis
as
provided
in
15
U.S.C.
§1681a(p).
2
(b)
Participates
jointly
with
other
nationwide
consumer
3
reporting
agencies
in
providing
annual
free
credit
reports
to
4
consumers
upon
request
through
a
centralized
source
as
required
5
by
the
federal
trade
commission
in
16
C.F.R.
§610.2
.
6
(2)
The
agency
has
entered
into
an
agreement
with
the
7
unit
child
support
services
regarding
receipt
and
use
of
the
8
information.
9
4.
Nothing
in
this
chapter
,
chapter
252A
,
252C
,
252D
,
10
252E
,
252F
,
252G
,
252H
,
252I
,
252J
,
or
252K
,
or
any
other
11
comparable
chapter
or
law
shall
preclude
the
unit
child
support
12
services
from
exchanging
any
information,
notice,
document,
or
13
certification
with
any
government
or
private
entity,
if
the
14
exchange
is
not
otherwise
prohibited
by
law,
through
mutually
15
agreed
upon
electronic
data
transfer
rather
than
through
other
16
means.
17
Sec.
857.
Section
252B.9A,
Code
2023,
is
amended
to
read
as
18
follows:
19
252B.9A
Disclosure
of
confidential
information
——
authorized
20
person
——
court.
21
1.
A
person,
except
a
court
or
government
agency,
who
22
is
an
authorized
person
to
receive
specified
confidential
23
information
under
42
U.S.C.
§653,
may
submit
a
written
request
24
to
the
unit
child
support
services
for
disclosure
of
specified
25
confidential
information
regarding
a
nonrequesting
party.
The
26
written
request
shall
comply
with
federal
law
and
regulations,
27
including
any
attestation
and
any
payment
to
the
federal
office
28
of
child
support
enforcement
of
the
United
States
department
29
of
health
and
human
services
required
by
federal
law
or
30
regulation,
and
shall
include
a
sworn
statement
attesting
to
31
the
reason
why
the
requester
is
an
authorized
person
under
32
42
U.S.C.
§653,
including
that
the
requester
would
use
the
33
confidential
information
only
for
purposes
permitted
in
that
34
section.
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2.
Upon
receipt
of
a
request
from
an
authorized
person
1
which
meets
all
of
the
requirements
under
subsection
1
,
the
2
unit
child
support
services
shall
search
available
records
as
3
permitted
by
law
or
shall
request
the
information
from
the
4
federal
parent
locator
service
as
provided
in
42
U.S.C.
§653.
5
a.
If
the
unit
child
support
services
locates
the
specified
6
confidential
information,
the
unit
child
support
services
shall
7
disclose
the
information
to
the
extent
permitted
under
federal
8
law,
unless
one
of
the
following
applies:
9
(1)
There
is
a
notice
from
the
federal
parent
locator
10
service
that
there
is
reasonable
evidence
of
domestic
violence
11
or
child
abuse
pursuant
to
42
U.S.C.
§653(b)(2).
12
(2)
The
unit
Child
support
services
has
notified
the
federal
13
parent
locator
service
of
a
disclosure
risk
indicator
as
14
provided
in
section
252B.9,
subsection
3
,
paragraph
“i”
,
and
has
15
not
removed
that
notification.
16
(3)
The
unit
Child
support
services
receives
notice
of
a
17
basis
for
a
disclosure
risk
indicator
listed
in
section
252B.9,
18
subsection
3
,
paragraph
“i”
,
within
twenty
days
of
sending
a
19
notice
of
the
request
to
the
subject
of
the
request
by
regular
20
mail.
21
b.
If
the
unit
child
support
services
locates
the
specified
22
confidential
information,
but
the
unit
child
support
services
23
is
prohibited
from
disclosing
confidential
information
under
24
paragraph
“a”
,
the
unit
child
support
services
shall
deny
the
25
request
and
notify
the
requester
of
the
denial
in
writing.
26
Upon
receipt
of
a
written
notice
from
the
unit
child
support
27
services
denying
the
request,
the
requester
may
file
a
petition
28
in
district
court
for
an
order
directing
the
unit
child
support
29
services
to
release
the
requested
information
to
the
court
as
30
provided
in
subsection
3
.
31
3.
A
person
may
file
a
petition
in
district
court
for
32
disclosure
of
specified
confidential
information.
The
petition
33
shall
request
that
the
court
direct
the
unit
child
support
34
services
to
release
specified
confidential
information
to
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the
court,
that
the
court
make
a
determination
of
harm
if
1
appropriate,
and
that
the
court
release
specified
confidential
2
information
to
the
petitioner.
3
a.
The
petition
shall
include
a
sworn
statement
attesting
4
to
the
intended
use
of
the
information
by
the
petitioner
as
5
allowed
by
federal
law.
Such
statement
may
specify
any
of
the
6
following
intended
uses:
7
(1)
To
establish
parentage,
or
to
establish,
set
the
amount
8
of,
modify,
or
enforce
a
child
support
obligation.
9
(2)
To
make
or
enforce
a
child
custody
or
visitation
10
determination
or
order.
11
(3)
To
carry
out
the
duty
or
authority
of
the
petitioner
to
12
investigate,
enforce,
or
bring
a
prosecution
with
respect
to
13
the
unlawful
taking
or
restraint
of
a
child.
14
b.
Upon
the
filing
of
a
petition,
the
court
shall
enter
an
15
order
directing
the
unit
child
support
services
to
release
to
16
the
court
within
thirty
days
specified
confidential
information
17
which
the
unit
child
support
services
would
be
permitted
to
18
release
under
42
U.S.C.
§653
and
42
U.S.C.
§663,
unless
one
of
19
the
following
applies:
20
(1)
There
is
a
notice
from
the
federal
parent
locator
21
service
that
there
is
reasonable
evidence
of
domestic
violence
22
or
child
abuse
pursuant
to
42
U.S.C.
§653(b)(2).
23
(2)
The
unit
Child
support
services
has
notified
the
federal
24
parent
locator
service
of
a
disclosure
risk
indicator
as
25
provided
in
section
252B.9,
subsection
3
,
paragraph
“i”
,
and
has
26
not
removed
that
notification.
27
(3)
The
unit
Child
support
services
receives
notice
of
a
28
basis
for
a
disclosure
risk
indicator
listed
in
section
252B.9,
29
subsection
3
,
paragraph
“i”
,
within
twenty
days
of
sending
30
notice
of
the
order
to
the
subject
of
the
request
by
regular
31
mail.
The
unit
Child
support
services
shall
include
in
the
32
notice
to
the
subject
of
the
request
a
copy
of
the
court
order
33
issued
under
this
paragraph.
34
c.
Upon
receipt
of
the
order,
the
unit
child
support
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services
shall
comply
as
follows:
1
(1)
If
the
unit
child
support
services
has
the
specified
2
confidential
information,
and
none
of
the
domestic
violence,
3
child
abuse,
or
disclosure
risk
indicator
provisions
of
4
paragraph
“b”
applies,
the
unit
child
support
services
shall
5
file
the
confidential
information
with
the
court
along
with
6
a
statement
that
the
unit
child
support
services
has
not
7
received
any
notice
that
the
domestic
violence,
child
abuse,
or
8
disclosure
risk
indicator
provisions
of
paragraph
“b”
apply.
9
The
unit
Child
support
services
shall
be
granted
at
least
10
thirty
days
to
respond
to
the
order.
The
court
may
extend
11
the
time
for
the
unit
child
support
services
to
comply.
Upon
12
receipt
by
the
court
of
the
confidential
information
under
13
this
subparagraph,
the
court
may
order
the
release
of
the
14
information
to
the
petitioner.
15
(2)
If
the
unit
child
support
services
has
the
specified
16
confidential
information,
and
the
domestic
violence,
child
17
abuse,
or
disclosure
risk
indicator
provision
of
paragraph
“b”
18
applies,
the
unit
child
support
services
shall
file
with
the
19
court
a
statement
that
the
domestic
violence,
child
abuse,
20
or
disclosure
risk
indicator
provision
of
paragraph
“b”
21
applies,
along
with
any
information
the
unit
child
support
22
services
has
received
related
to
the
domestic
violence,
child
23
abuse,
or
disclosure
risk
indicator.
The
unit
Child
support
24
services
shall
be
granted
at
least
thirty
days
to
respond
to
25
the
order.
The
court
may
extend
the
time
for
the
unit
child
26
support
services
to
comply.
Upon
receipt
by
the
court
of
27
information
from
the
unit
child
support
services
under
this
28
subparagraph,
the
court
shall
make
a
finding
whether
disclosure
29
of
confidential
information
to
any
other
person
could
be
30
harmful
to
the
nonrequesting
party
or
child.
In
making
the
31
finding,
the
court
shall
consider
any
relevant
information
32
provided
by
the
parent
or
child,
any
information
provided
by
33
the
unit
child
support
services
or
by
a
child
support
agency,
34
any
information
provided
by
the
petitioner,
and
any
other
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relevant
evidence.
The
unit
Child
support
services
or
unit’s
1
a
child
support
services’
attorney
does
not
represent
any
2
individual
person
in
this
proceeding.
3
(a)
If
the
court
finds
that
disclosure
of
confidential
4
information
to
any
other
person
could
be
harmful
to
the
5
nonrequesting
party
or
child,
the
court
shall
dismiss
the
6
petition
for
disclosure
and
notify
the
unit
child
support
7
services
to
notify
the
federal
parent
locator
service
of
a
8
disclosure
risk
indicator.
9
(b)
If
the
court
does
not
find
that
disclosure
of
specified
10
confidential
information
to
any
other
person
could
be
harmful
11
to
the
nonrequesting
party
or
child,
the
court
shall
notify
the
12
unit
child
support
services
to
file
the
specified
confidential
13
information
with
the
court.
Upon
receipt
by
the
court
of
the
14
specified
confidential
information,
the
court
may
release
the
15
information
to
the
petitioner
and
inform
the
unit
child
support
16
services
to
remove
the
disclosure
risk
indicator.
17
(3)
If
the
unit
child
support
services
does
not
have
the
18
specified
confidential
information
and
cannot
obtain
the
19
information
from
the
federal
parent
locator
service,
the
unit
20
child
support
services
shall
comply
with
the
order
by
notifying
21
the
court
of
the
lack
of
information.
22
4.
The
confidential
information
which
may
be
released
by
23
the
unit
child
support
services
to
a
party
under
subsection
24
2
,
or
by
the
unit
child
support
services
to
the
court
under
25
subsection
3
,
shall
be
limited
by
the
federal
Social
Security
26
Act
and
other
applicable
federal
law,
and
the
unit
child
27
support
services
may
use
the
sworn
statement
filed
pursuant
to
28
subsection
1
or
3
in
applying
federal
law.
Any
information
29
filed
with
the
court
by
the
unit
child
support
services
,
when
30
certified
over
the
signature
of
a
designated
employee,
shall
31
be
considered
to
be
satisfactorily
identified
and
shall
be
32
admitted
as
evidence,
without
requiring
third-party
foundation
33
testimony.
Additional
proof
of
the
official
character
of
the
34
person
certifying
the
document
or
the
authenticity
of
the
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person’s
signature
shall
not
be
required.
1
5.
When
making
a
request
for
confidential
information
under
2
this
section
,
a
party
or
petitioner
shall
indicate
the
specific
3
information
requested.
4
6.
For
purposes
of
this
section
,
“party”
means
party
as
5
defined
in
section
252B.9,
subsection
3
.
6
7.
The
unit
Child
support
services
may
adopt
rules
pursuant
7
to
chapter
17A
to
prescribe
provisions
in
addition
to
or
in
8
lieu
of
the
provisions
of
this
section
to
comply
with
federal
9
requirements
for
parent
locator
services
or
the
safeguarding
10
of
information.
11
Sec.
858.
Section
252B.11,
Code
2023,
is
amended
to
read
as
12
follows:
13
252B.11
Recovery
of
costs
of
collection
services.
14
The
unit
Child
support
services
may
initiate
necessary
civil
15
proceedings
to
recover
the
unit’s
child
support
services’
costs
16
of
support
collection
services
provided
to
an
individual,
17
whether
or
not
the
individual
is
a
public
assistance
recipient,
18
from
an
individual
who
owes
and
is
able
to
pay
a
support
19
obligation
but
willfully
fails
to
pay
the
obligation.
The
unit
20
Child
support
services
may
seek
a
lump
sum
recovery
of
the
21
unit’s
child
support
services’
costs
or
may
seek
to
recover
the
22
unit’s
child
support
services’
costs
through
periodic
payments
23
which
are
in
addition
to
periodic
support
payments.
If
the
24
unit’s
child
support
services’
costs
are
recovered
from
an
25
individual
owing
a
support
obligation,
the
costs
shall
not
be
26
deducted
from
the
amount
of
support
money
received
from
the
27
individual.
The
costs
collected
pursuant
to
this
section
shall
28
be
retained
by
the
department
for
use
by
the
unit
child
support
29
services
.
The
director
or
a
designee
shall
keep
an
accurate
30
record
of
funds
so
retained.
31
Sec.
859.
Section
252B.13A,
Code
2023,
is
amended
to
read
32
as
follows:
33
252B.13A
Collection
services
center.
34
1.
The
department
shall
establish
within
the
unit
child
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support
services
a
collection
services
center
for
the
receipt
1
and
disbursement
of
support
payments
as
defined
in
section
2
252D.16
or
598.1
as
required
for
orders
by
section
252B.14
.
3
For
purposes
of
this
section
,
support
payments
do
not
include
4
attorney
fees,
court
costs,
or
property
settlements.
The
5
center
may
also
receive
and
disburse
surcharges
as
provided
in
6
section
252B.23
.
7
2.
a.
The
collection
services
center
shall
meet
the
8
requirements
for
a
state
disbursement
unit
pursuant
to
42
9
U.S.C.
§654b,
section
252B.14
,
and
this
section
by
October
1,
10
1999.
11
b.
Prior
to
October
1,
1999,
the
department
and
the
12
judicial
branch
shall
enter
into
a
cooperative
agreement
for
13
implementation
of
the
state
disbursement
unit
requirement.
The
14
agreement
shall
include,
but
is
not
limited
to,
provisions
for
15
all
of
the
following:
16
(1)
Coordination
with
the
state
case
registry
created
in
17
section
252B.24
.
18
(2)
The
receipt
and
disbursement
of
income
withholding
19
payments
for
orders
not
receiving
services
from
the
unit
child
20
support
services
pursuant
to
section
252B.14,
subsection
4
.
21
(3)
The
transmission
of
information,
orders,
and
documents,
22
and
access
to
information.
23
(4)
Furnishing,
upon
request,
timely
information
on
the
24
current
status
of
support
payments
as
provided
in
42
U.S.C.
25
§654b(b)(4),
in
a
manner
consistent
with
state
law.
26
(5)
The
notification
of
payors
of
income
to
direct
income
27
withholding
payments
to
the
collection
services
center
as
28
provided
in
section
252B.14,
subsection
4
.
29
Sec.
860.
Section
252B.14,
subsections
2
and
5,
Code
2023,
30
are
amended
to
read
as
follows:
31
2.
For
support
orders
being
enforced
by
the
child
support
32
recovery
unit
services
,
support
payments
made
pursuant
to
the
33
order
shall
be
directed
to
and
disbursed
by
the
collection
34
services
center
or,
as
appropriate,
a
comparable
government
35
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entity
in
another
state
as
provided
in
chapter
252K
.
1
5.
If
the
collection
services
center
is
receiving
and
2
disbursing
payments
pursuant
to
a
support
order,
but
the
unit
3
child
support
services
is
not
providing
other
services
under
4
Tit.
IV-D
of
the
federal
Social
Security
Act,
or
if
the
order
5
is
not
being
enforced
by
the
unit
child
support
services
,
6
the
parties
to
that
order
are
not
considered
to
be
receiving
7
services
under
this
chapter
.
8
Sec.
861.
Section
252B.15,
subsection
1,
Code
2023,
is
9
amended
to
read
as
follows:
10
1.
The
collection
services
center
shall
notify
the
clerk
11
of
the
district
court
of
any
order
for
which
the
child
support
12
recovery
unit
services
is
providing
enforcement
services.
The
13
clerk
of
the
district
court
shall
forward
any
support
payment
14
made
pursuant
to
the
order,
along
with
any
support
payment
15
information,
to
the
collection
services
center.
Unless
the
16
agreement
developed
pursuant
to
section
252B.13A
otherwise
17
provides,
the
clerk
of
the
district
court
shall
forward
any
18
support
payment
made
and
any
support
payment
information
19
provided
through
income
withholding
pursuant
to
chapter
252D
,
20
to
the
collection
services
center.
The
collection
services
21
center
shall
process
and
disburse
the
payment
in
accordance
22
with
federal
requirements.
23
Sec.
862.
Section
252B.16,
Code
2023,
is
amended
to
read
as
24
follows:
25
252B.16
Transfer
of
support
order
processing
responsibilities
26
——
ongoing
procedures.
27
1.
For
a
support
order
being
processed
by
the
clerk
of
28
the
district
court,
upon
notification
that
the
unit
child
29
support
services
is
providing
enforcement
services
related
to
30
the
order,
the
clerk
of
the
district
court
shall
immediately
31
transfer
the
responsibility
for
the
disbursement
of
support
32
payments
received
pursuant
to
the
order
to
the
collection
33
services
center.
34
2.
The
department
shall
adopt
rules
pursuant
to
chapter
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17A
to
ensure
that
the
affected
parties
are
notified
that
1
the
support
payment
disbursement
responsibilities
have
been
2
transferred
to
the
collection
services
center
from
the
clerk
3
of
the
district
court.
The
rules
shall
include
a
provision
4
requiring
that
a
notice
shall
be
sent
by
regular
mail
to
the
5
last
known
addresses
of
the
obligee
and
the
obligor.
The
6
issuance
of
notice
to
the
obligor
is
the
equivalent
of
a
court
7
order
requiring
the
obligor
to
direct
payment
to
the
collection
8
services
center
for
disbursement.
9
3.
Once
the
responsibility
for
receiving
and
disbursing
10
support
payments
has
been
transferred
from
a
clerk
of
the
11
district
court
to
the
collection
services
center,
the
12
responsibility
shall
remain
with
the
collection
services
13
center
even
if
the
child
support
recovery
unit
services
is
no
14
longer
providing
enforcement
services,
unless
redirected
by
15
court
order.
However,
the
responsibility
for
receiving
and
16
disbursing
income
withholding
payments
shall
not
be
redirected
17
to
a
clerk
of
the
district
court.
18
4.
As
provided
in
sections
252K.307
and
252K.319
,
the
unit
19
child
support
services
may
issue
and
file
with
the
clerk
of
20
the
district
court,
a
notice
redirecting
support
payments
to
21
a
comparable
government
entity
responsible
for
the
processing
22
and
disbursement
of
support
payments
in
another
state.
The
23
unit
Child
support
services
shall
send
a
copy
of
the
notice
by
24
regular
mail
to
the
last
known
addresses
of
the
obligor
and
25
obligee
and,
where
applicable,
shall
notify
the
payor
of
income
26
to
make
payments
as
specified
in
the
notice.
The
issuance
27
and
filing
of
the
notice
is
the
equivalent
of
a
court
order
28
redirecting
support.
29
Sec.
863.
Section
252B.17A,
Code
2023,
is
amended
to
read
30
as
follows:
31
252B.17A
Imaging
or
photographic
copies
——
originals
32
destroyed.
33
1.
If
the
unit
child
support
services
,
in
the
regular
34
course
of
business
or
activity,
has
recorded
or
received
any
35
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memorandum,
writing,
entry,
print,
document,
representation,
1
or
combination
thereof,
of
any
act,
transaction,
occurrence,
2
event,
or
communication
from
any
source,
and
in
the
regular
3
course
of
business
has
caused
any
or
all
of
the
same
to
4
be
recorded,
copied,
or
reproduced
by
any
photographic,
5
photostatic,
microfilm,
microcard,
miniature
photographic,
6
electronic
imaging,
electronic
data
processing,
or
other
7
process
which
accurately
reproduces
or
forms
a
durable
8
medium
for
accurately
and
legibly
reproducing
an
unaltered
9
image
or
reproduction
of
the
original,
the
original
may
be
10
destroyed.
Such
reproduction,
when
satisfactorily
identified,
11
is
as
admissible
in
evidence
as
the
original
itself
in
any
12
judicial
or
administrative
proceeding
whether
the
original
is
13
in
existence
or
not
and
an
enlargement
or
facsimile
of
such
14
reproduction
is
likewise
admissible
in
evidence
if
the
original
15
recording,
copy,
or
reproduction
is
in
existence
and
available
16
for
inspection.
The
introduction
of
a
reproduced
record,
17
enlargement,
or
facsimile,
does
not
preclude
admission
of
the
18
original.
19
2.
The
electronically
imaged,
copied,
or
otherwise
20
reproduced
record
or
document
maintained
or
received
by
the
21
unit
child
support
services
,
when
certified
over
the
signature
22
of
a
designated
employee
of
the
unit
child
support
services
,
23
shall
be
considered
to
be
satisfactorily
identified.
Certified
24
documents
are
deemed
to
have
been
imaged
or
copied
or
otherwise
25
reproduced
accurately
and
unaltered
in
the
regular
course
of
26
business,
and
such
documents
are
admissible
in
any
judicial
or
27
administrative
proceeding
as
evidence.
Additional
proof
of
28
the
official
character
of
the
person
certifying
the
record
or
29
authenticity
of
the
person’s
signature
shall
not
be
required.
30
Whenever
the
unit
child
support
services
or
an
employee
of
the
31
unit
child
support
services
is
served
with
a
summons,
subpoena,
32
subpoena
duces
tecum,
or
order
directing
production
of
such
33
records,
the
unit
child
support
services
or
the
employee
may
34
comply
by
transmitting
a
copy
of
the
record
certified
as
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described
above
to
the
district
court.
1
Sec.
864.
Section
252B.20,
Code
2023,
is
amended
to
read
as
2
follows:
3
252B.20
Suspension
of
support
——
request
by
mutual
consent.
4
1.
If
the
unit
child
support
services
is
providing
child
5
support
enforcement
services
pursuant
to
this
chapter
,
the
6
parents
of
a
dependent
child
for
whom
support
has
been
ordered
7
pursuant
to
chapter
252A
,
252C
,
252F
,
598
,
600B
,
or
any
other
8
chapter,
may
jointly
request
the
assistance
of
the
unit
child
9
support
services
in
suspending
the
obligation
for
support
if
10
all
of
the
following
conditions
exist:
11
a.
The
parents
have
reconciled
and
are
cohabiting,
and
12
the
child
for
whom
support
is
ordered
is
living
in
the
same
13
residence
as
the
parents,
or
the
child
is
currently
residing
14
with
the
parent
who
is
ordered
to
pay
support.
If
the
basis
for
15
suspension
under
this
paragraph
applies
to
at
least
one
but
not
16
all
of
the
children
for
whom
support
is
ordered,
the
condition
17
of
this
paragraph
is
met
only
if
the
support
order
includes
a
18
step
change.
19
b.
The
child
for
whom
support
is
ordered
is
not
receiving
20
public
assistance
pursuant
to
chapter
239B
,
249A
,
or
a
21
comparable
law
of
another
state
or
foreign
country,
unless
the
22
person
against
whom
support
is
ordered
is
considered
to
be
a
23
member
of
the
same
household
as
the
child
for
the
purposes
of
24
public
assistance
eligibility.
25
c.
The
parents
have
signed
a
notarized
affidavit
attesting
26
to
the
conditions
under
paragraphs
“a”
and
“b”
,
have
consented
27
to
suspension
of
the
support
order
or
obligation,
and
have
28
submitted
the
affidavit
to
the
unit
child
support
services
.
29
d.
No
prior
request
for
suspension
has
been
filed
with
30
the
unit
child
support
services
under
this
section
and
no
31
prior
request
for
suspension
has
been
served
by
the
unit
child
32
support
services
under
section
252B.20A
during
the
two-year
33
period
preceding
the
request.
34
e.
Any
other
criteria
established
by
rule
of
the
department.
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2.
Upon
receipt
of
the
application
for
suspension
and
1
properly
executed
and
notarized
affidavit,
the
unit
child
2
support
services
shall
review
the
application
and
affidavit
to
3
determine
that
the
necessary
criteria
have
been
met.
The
unit
4
Child
support
services
shall
then
do
one
of
the
following:
5
a.
Deny
the
request
and
notify
the
parents
in
writing
6
that
the
application
is
being
denied,
providing
reasons
for
7
the
denial
and
notifying
the
parents
of
the
right
to
proceed
8
through
private
counsel.
Denial
of
the
application
is
not
9
subject
to
contested
case
proceedings
or
further
review
10
pursuant
to
chapter
17A
.
11
b.
Approve
the
request
and
prepare
an
order
which
shall
be
12
submitted,
along
with
the
affidavit,
to
a
judge
of
a
district
13
court
for
approval,
suspending
the
accruing
support
obligation
14
and,
if
requested
by
the
obligee,
and
if
not
prohibited
by
15
chapter
252K
,
satisfying
the
obligation
of
support
due
the
16
obligee.
If
the
basis
for
suspension
applies
to
at
least
one
17
but
not
all
of
the
children
for
whom
support
is
ordered
and
the
18
support
order
includes
a
step
change,
the
unit
child
support
19
services
shall
prepare
an
order
suspending
the
accruing
support
20
obligation
for
each
child
to
whom
the
basis
for
suspension
21
applies.
22
3.
An
order
approved
by
the
court
for
suspension
of
an
23
accruing
support
obligation
is
effective
upon
the
date
of
24
filing
of
the
suspension
order.
The
satisfaction
of
an
25
obligation
of
support
due
the
obligee
shall
be
final
upon
the
26
filing
of
the
suspension
order.
A
support
obligation
which
is
27
satisfied
is
not
subject
to
the
reinstatement
provisions
of
28
this
section
.
29
4.
An
order
suspending
an
accruing
support
obligation
30
entered
by
the
court
pursuant
to
this
section
shall
be
31
considered
a
temporary
order
for
the
period
of
six
months
from
32
the
date
of
filing
of
the
suspension
order.
However,
the
33
six-month
period
shall
not
include
any
time
during
which
an
34
application
for
reinstatement
is
pending
before
the
court.
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5.
During
the
six-month
period
the
unit
child
support
1
services
may
request
that
the
court
reinstate
the
accruing
2
support
order
or
obligation
if
any
of
the
following
conditions
3
exist:
4
a.
Upon
application
to
the
unit
child
support
services
by
5
either
parent
or
other
person
who
has
physical
custody
of
the
6
child.
7
b.
Upon
the
receipt
of
public
assistance
benefits,
pursuant
8
to
chapter
239B
,
249A
,
or
a
comparable
law
of
another
state
9
or
foreign
country,
by
the
person
entitled
to
receive
support
10
and
the
child
on
whose
behalf
support
is
paid,
provided
that
11
the
person
owing
the
support
is
not
considered
to
be
a
member
12
of
the
same
household
as
the
child
for
the
purposes
of
public
13
assistance
eligibility.
14
6.
If
a
condition
under
subsection
5
exists,
the
unit
15
child
support
services
may
request
that
the
court
reinstate
an
16
accruing
support
obligation
as
follows:
17
a.
If
the
basis
for
the
suspension
no
longer
applies
to
any
18
of
the
children
for
whom
an
accruing
support
obligation
was
19
suspended,
the
unit
child
support
services
shall
request
that
20
the
court
reinstate
the
accruing
support
obligations
for
all
of
21
the
children.
22
b.
If
the
basis
for
the
suspension
continues
to
apply
to
23
at
least
one
but
not
all
of
the
children
for
whom
an
accruing
24
support
obligation
was
suspended
and
if
the
support
order
25
includes
a
step
change,
the
unit
child
support
services
26
shall
request
that
the
court
reinstate
the
accruing
support
27
obligation
for
each
child
for
whom
the
basis
for
the
suspension
28
no
longer
applies.
29
7.
Upon
filing
of
an
application
for
reinstatement,
service
30
of
the
application
shall
be
made
either
in
person
or
by
first
31
class
mail
upon
both
parents.
Within
ten
days
following
the
32
date
of
service,
the
parents
may
file
a
written
objection
with
33
the
clerk
of
the
district
court
to
the
entry
of
an
order
for
34
reinstatement.
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a.
If
no
objection
is
filed,
the
court
may
enter
an
order
1
reinstating
the
accruing
support
obligation
without
additional
2
notice.
3
b.
If
an
objection
is
filed,
the
clerk
of
court
shall
set
4
the
matter
for
hearing
and
send
notice
of
the
hearing
to
both
5
parents
and
the
unit
child
support
services
.
6
8.
The
reinstatement
is
effective
as
follows:
7
a.
For
reinstatements
initiated
under
subsection
5
,
8
paragraph
“a”
,
the
date
the
notices
were
served
on
both
parents
9
pursuant
to
subsection
7
.
10
b.
For
reinstatements
initiated
under
subsection
5
,
11
paragraph
“b”
,
the
date
the
child
began
receiving
public
12
assistance
benefits
during
the
suspension
of
the
obligation.
13
c.
Support
which
became
due
during
the
period
of
suspension
14
but
prior
to
the
reinstatement
is
waived
and
not
due
and
owing
15
unless
the
parties
requested
and
agreed
to
the
suspension
under
16
false
pretenses.
17
9.
If
the
order
suspending
a
support
obligation
has
been
18
on
file
with
the
court
for
a
period
exceeding
six
months
as
19
computed
pursuant
to
subsection
4
,
the
order
becomes
final
by
20
operation
of
law
and
terminates
the
support
obligation,
and
21
thereafter,
a
party
seeking
to
establish
a
support
obligation
22
against
either
party
shall
bring
a
new
action
for
support
as
23
provided
by
law.
24
10.
This
section
shall
not
limit
the
rights
of
the
parents
25
or
the
unit
child
support
services
to
proceed
by
other
means
to
26
suspend,
terminate,
modify,
reinstate,
or
establish
support.
27
11.
This
section
does
not
provide
for
the
suspension
or
28
retroactive
modification
of
support
obligations
which
accrued
29
prior
to
the
entry
of
an
order
suspending
enforcement
and
30
collection
of
support
pursuant
to
this
section
.
However,
if
in
31
the
application
for
suspension,
an
obligee
elects
to
satisfy
an
32
obligation
of
accrued
support
due
the
obligee,
the
suspension
33
order
may
satisfy
the
obligation
of
accrued
support
due
the
34
obligee.
35
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12.
Nothing
in
this
section
shall
prohibit
or
limit
the
1
unit
child
support
services
or
a
party
entitled
to
receive
2
support
from
enforcing
and
collecting
any
unpaid
or
unsatisfied
3
support
that
accrued
prior
to
the
suspension
of
the
accruing
4
obligation.
5
13.
For
the
purposes
of
chapter
252H,
subchapter
II,
6
regarding
the
criteria
for
a
review
or
for
a
cost-of-living
7
alteration
under
chapter
252H,
subchapter
IV
,
if
a
support
8
obligation
is
terminated
or
reinstated
under
this
section
,
9
such
termination
or
reinstatement
shall
not
be
considered
a
10
modification
of
the
support
order.
11
14.
As
used
in
this
section
,
unless
the
context
otherwise
12
requires,
“step
change”
means
a
change
designated
in
a
support
13
order
specifying
the
amount
of
the
child
support
obligation
14
as
the
number
of
children
entitled
to
support
under
the
order
15
changes.
16
15.
As
specified
in
this
section
,
if
the
child
for
whom
17
support
is
ordered
is
not
receiving
public
assistance
pursuant
18
to
chapter
239B
,
249A
,
or
a
comparable
law
of
another
state
19
or
foreign
country,
upon
agreement
of
the
parents,
the
unit
20
child
support
services
may
facilitate
the
suspension
of
the
21
child
support
order
or
obligation
if
the
child
is
residing
22
with
a
caretaker,
who
is
a
natural
person,
and
who
has
not
23
requested
the
unit
child
support
services
to
provide
services
24
under
this
chapter
.
The
parents
and
the
caretaker
shall
sign
25
a
notarized
affidavit
attesting
to
the
conditions
under
this
26
section
,
consent
to
the
suspension
of
the
support
order
or
27
obligation,
and
submit
the
affidavit
to
the
unit
child
support
28
services
.
Upon
the
receipt
of
public
assistance
benefits
29
pursuant
to
chapter
239B
,
249A
,
or
a
comparable
law
of
another
30
state
or
foreign
country,
by
the
child
on
whose
behalf
support
31
is
ordered,
or
upon
application
to
the
unit
child
support
32
services
by
either
parent
or
the
caretaker,
the
unit
child
33
support
services
may,
within
the
time
periods
specified
in
this
34
section,
request
the
reinstatement
of
the
accruing
support
35
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order
or
obligation
pursuant
to
this
section
.
1
16.
The
department
may
adopt
all
necessary
and
proper
rules
2
to
administer
and
interpret
this
section
.
3
Sec.
865.
Section
252B.20A,
Code
2023,
is
amended
to
read
4
as
follows:
5
252B.20A
Suspension
of
support
——
request
by
one
party.
6
1.
If
the
unit
child
support
services
is
providing
child
7
support
enforcement
services
pursuant
to
this
chapter
,
the
8
obligor
who
is
ordered
to
pay
support
for
the
dependent
child
9
pursuant
to
chapter
252A
,
252C
,
or
252F
,
may
request
the
10
assistance
of
the
unit
child
support
services
in
suspending
11
the
obligation
for
support
if
all
of
the
following
conditions
12
exist:
13
a.
The
child
is
currently
residing
with
the
obligor
and
has
14
been
for
more
than
sixty
consecutive
days.
If
the
basis
for
15
suspension
under
this
paragraph
applies
to
at
least
one
but
not
16
all
of
the
children
for
whom
support
is
ordered,
the
condition
17
of
this
paragraph
is
met
only
if
the
support
order
includes
a
18
step
change.
19
b.
There
is
no
order
in
effect
regarding
legal
custody,
20
physical
care,
visitation,
or
other
parenting
time
for
the
21
child.
22
c.
It
is
reasonably
expected
that
the
basis
for
suspension
23
under
this
section
will
continue
for
not
less
than
six
months.
24
d.
The
child
for
whom
support
is
ordered
is
not
receiving
25
public
assistance
pursuant
to
chapter
239B
,
249A
,
or
a
26
comparable
law
of
another
state
or
foreign
country,
unless
the
27
obligor
is
considered
to
be
a
member
of
the
same
household
as
28
the
child
for
the
purposes
of
public
assistance
eligibility.
29
e.
The
obligor
has
signed
a
notarized
affidavit,
provided
30
by
the
unit
child
support
services
,
attesting
to
the
existence
31
of
the
conditions
under
paragraphs
“a”
through
“d”
,
has
32
requested
suspension
of
the
support
order
or
obligation,
and
33
has
submitted
the
affidavit
to
the
unit
child
support
services
.
34
f.
No
prior
request
for
suspension
has
been
served
under
35
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this
section
,
and
no
prior
request
for
suspension
has
been
1
filed
with
the
unit
child
support
services
pursuant
to
section
2
252B.20
,
during
the
two-year
period
preceding
the
request.
3
g.
Any
other
criteria
established
by
rule
of
the
department.
4
2.
Upon
receipt
of
the
application
for
suspension
and
5
properly
executed
and
notarized
affidavit,
the
unit
child
6
support
services
shall
review
the
application
and
affidavit
7
to
determine
that
the
criteria
have
been
met.
The
unit
Child
8
support
services
shall
then
do
one
of
the
following:
9
a.
If
the
unit
child
support
services
determines
the
10
criteria
have
not
been
met,
deny
the
request
and
notify
the
11
obligor
in
writing
that
the
application
is
being
denied,
12
providing
reasons
for
the
denial
and
notifying
the
obligor
of
13
the
right
to
proceed
through
private
counsel.
Denial
of
the
14
application
is
not
subject
to
contested
case
proceedings
or
15
further
review
pursuant
to
chapter
17A
.
16
b.
If
the
unit
child
support
services
determines
the
17
criteria
have
been
met,
serve
a
copy
of
the
notice
and
18
supporting
documents
on
the
obligee
by
any
means
provided
in
19
section
252B.26
.
The
notice
to
the
obligee
shall
include
all
20
of
the
following:
21
(1)
Information
sufficient
to
identify
the
parties
and
the
22
support
order
affected.
23
(2)
An
explanation
of
the
procedure
for
suspension
and
24
reinstatement
of
support
under
this
section
.
25
(3)
An
explanation
of
the
rights
and
responsibilities
of
the
26
obligee,
including
the
applicable
procedural
time
frames.
27
(4)
A
statement
that
within
twenty
days
of
service,
the
28
obligee
must
submit
a
signed
and
notarized
response
to
the
29
unit
child
support
services
objecting
to
at
least
one
of
the
30
assertions
in
subsection
1
,
paragraphs
“a”
through
“d”
.
The
31
statement
shall
inform
the
obligee
that
if,
within
twenty
days
32
of
service,
the
obligee
fails
to
submit
a
response
as
specified
33
in
this
subparagraph,
notwithstanding
rules
34
of
civil
procedure1.972(2)
and
1.972(3)
,
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the
unit
child
support
services
will
prepare
and
submit
an
order
as
provided
in
subsection
3
,
1
paragraph
“b”
.
2
3.
No
sooner
than
thirty
days
after
service
on
the
obligee
3
under
subsection
2
,
paragraph
“b”
,
the
unit
child
support
4
services
shall
do
one
of
the
following:
5
a.
If
the
obligee
submits
a
signed
and
notarized
objection
6
to
any
assertion
in
subsection
1
,
paragraphs
“a”
through
“d”
,
7
deny
the
request
and
notify
the
parties
in
writing
that
the
8
application
is
denied,
providing
reasons
for
the
denial,
and
9
notifying
the
parties
of
the
right
to
proceed
through
private
10
counsel.
Denial
of
the
application
is
not
subject
to
contested
11
case
proceedings
or
further
review
pursuant
to
chapter
17A
.
12
b.
If
the
obligee
does
not
timely
submit
a
signed
and
13
notarized
objection
to
the
unit
child
support
services
,
prepare
14
an
order
which
shall
be
submitted,
along
with
supporting
15
documents,
to
a
judge
of
a
district
court
for
approval,
16
suspending
the
accruing
support
obligation.
If
the
basis
for
17
suspension
applies
to
at
least
one
but
not
all
of
the
children
18
for
whom
support
is
ordered
and
the
support
order
includes
a
19
step
change,
the
unit
child
support
services
shall
prepare
an
20
order
suspending
the
accruing
support
obligation
for
each
child
21
to
whom
the
basis
for
suspension
applies.
22
4.
An
order
approved
by
the
court
for
suspension
of
an
23
accruing
support
obligation
is
effective
upon
the
date
of
24
filing
of
the
suspension
order.
25
5.
An
order
suspending
an
accruing
support
obligation
26
entered
by
the
court
pursuant
to
this
section
shall
be
27
considered
a
temporary
order
for
the
period
of
six
months
from
28
the
date
of
filing
of
the
suspension
order.
However,
the
29
six-month
period
shall
not
include
any
time
during
which
an
30
application
for
reinstatement
is
pending
before
the
court.
31
6.
During
the
six-month
period,
the
unit
child
support
32
services
may
request
that
the
court
reinstate
the
accruing
33
support
order
or
obligation
if
any
of
the
following
conditions
34
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exist:
35
a.
Upon
application
to
the
unit
child
support
services
by
1
either
party
or
other
person
who
has
physical
custody
of
the
2
child.
3
b.
Upon
the
receipt
of
public
assistance
benefits
pursuant
4
to
chapter
239B
,
249A
,
or
a
comparable
law
of
another
state
5
or
foreign
country,
by
the
person
entitled
to
receive
support
6
and
the
child
on
whose
behalf
support
is
paid,
provided
that
7
the
person
owing
the
support
is
not
considered
to
be
a
member
8
of
the
same
household
as
the
child
for
the
purposes
of
public
9
assistance
eligibility.
10
7.
If
a
condition
under
subsection
6
exists,
the
unit
11
child
support
services
may
request
that
the
court
reinstate
an
12
accruing
support
obligation
as
follows:
13
a.
If
the
basis
for
the
suspension
no
longer
applies
to
any
14
of
the
children
for
whom
an
accruing
support
obligation
was
15
suspended,
the
unit
child
support
services
shall
request
that
16
the
court
reinstate
the
accruing
support
obligations
for
all
of
17
the
children.
18
b.
If
the
basis
for
the
suspension
continues
to
apply
to
19
at
least
one
but
not
all
of
the
children
for
whom
an
accruing
20
support
obligation
was
suspended
and
if
the
support
order
21
includes
a
step
change,
the
unit
child
support
services
22
shall
request
that
the
court
reinstate
the
accruing
support
23
obligation
for
each
child
for
whom
the
basis
for
the
suspension
24
no
longer
applies.
25
8.
Upon
filing
of
an
application
for
reinstatement,
service
26
of
the
application
shall
be
made
either
in
person
or
by
first
27
class
mail
upon
the
parties.
Within
ten
days
following
the
28
date
of
service,
a
party
may
file
a
written
objection
with
29
the
clerk
of
the
district
court
to
the
entry
of
an
order
for
30
reinstatement.
31
a.
If
no
objection
is
filed,
the
court
may
enter
an
order
32
reinstating
the
accruing
support
obligation
without
additional
33
notice.
34
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b.
If
an
objection
is
filed,
the
clerk
of
court
shall
set
35
the
matter
for
hearing
and
send
notice
of
the
hearing
to
the
1
parties
and
the
unit
child
support
services
.
2
9.
a.
The
reinstatement
is
effective
as
follows:
3
(1)
For
reinstatements
initiated
under
subsection
6
,
4
paragraph
“a”
,
the
date
the
notices
were
served
on
the
parties
5
pursuant
to
subsection
8
.
6
(2)
For
reinstatements
initiated
under
subsection
6
,
7
paragraph
“b”
,
the
date
the
child
began
receiving
public
8
assistance
benefits
during
the
suspension
of
the
obligation.
9
b.
Support
which
became
due
during
the
period
of
suspension
10
but
prior
to
the
reinstatement
is
waived
and
not
due
and
owing
11
unless
the
suspension
was
made
under
false
pretenses.
12
10.
If
the
order
suspending
a
support
obligation
has
been
13
on
file
with
the
court
for
a
period
exceeding
six
months
as
14
computed
pursuant
to
subsection
5
,
the
order
becomes
final
by
15
operation
of
law
and
terminates
the
support
obligation,
and
16
thereafter,
a
party
seeking
to
establish
a
support
obligation
17
against
either
party
shall
bring
a
new
action
for
support
as
18
provided
by
law.
19
11.
Legal
representation
of
the
unit
child
support
services
20
shall
be
provided
pursuant
to
section
252B.7,
subsection
4
.
21
12.
This
section
shall
not
limit
the
rights
of
a
party
or
22
the
unit
child
support
services
to
proceed
by
other
means
to
23
suspend,
terminate,
modify,
reinstate,
or
establish
support.
24
13.
This
section
does
not
provide
for
the
suspension
or
25
retroactive
modification
of
support
obligations
which
accrued
26
prior
to
the
entry
of
an
order
suspending
enforcement
and
27
collection
of
support
pursuant
to
this
section
.
28
14.
Nothing
in
this
section
shall
prohibit
or
limit
the
29
unit
child
support
services
or
a
party
entitled
to
receive
30
support
from
enforcing
and
collecting
any
unpaid
or
unsatisfied
31
support
that
accrued
prior
to
the
suspension
of
the
accruing
32
obligation.
33
15.
For
the
purposes
of
chapter
252H
regarding
the
criteria
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for
a
review
under
subchapter
II
of
that
chapter
or
for
a
35
cost-of-living
alteration
under
subchapter
IV
of
that
chapter,
1
if
a
support
obligation
is
terminated
or
reinstated
under
2
this
section
,
such
termination
or
reinstatement
shall
not
be
3
considered
a
modification
of
the
support
order.
4
16.
As
used
in
this
section
,
unless
the
context
otherwise
5
requires,
“step
change”
means
a
change
designated
in
a
support
6
order
specifying
the
amount
of
the
child
support
obligation
7
as
the
number
of
children
entitled
to
support
under
the
order
8
changes.
9
17.
As
specified
in
this
section
,
if
the
child
for
whom
10
support
is
ordered
is
not
receiving
public
assistance
pursuant
11
to
chapter
239B
,
249A
,
or
a
comparable
law
of
another
state
12
or
foreign
country,
upon
request
by
the
obligor,
the
unit
13
child
support
services
may
facilitate
the
suspension
of
the
14
child
support
order
or
obligation
if
the
child
is
residing
15
with
a
caretaker,
who
is
a
natural
person,
and
who
has
not
16
requested
the
unit
child
support
services
to
provide
services
17
under
this
chapter
.
The
obligor
and
the
caretaker
shall
sign
18
a
notarized
affidavit
attesting
to
the
conditions
under
this
19
section
,
consent
to
the
suspension
of
the
support
order
or
20
obligation,
and
submit
the
affidavit
to
the
unit
child
support
21
services
.
Upon
the
receipt
of
public
assistance
benefits
22
pursuant
to
chapter
239B
,
249A
,
or
a
comparable
law
of
another
23
state
or
foreign
country,
by
the
child
on
whose
behalf
support
24
is
ordered,
or
upon
application
to
the
unit
child
support
25
services
by
either
party
or
the
caretaker,
the
unit
child
26
support
services
may,
within
the
time
periods
specified
in
this
27
section
,
request
the
reinstatement
of
the
accruing
support
28
order
or
obligation
pursuant
to
this
section
.
29
18.
The
department
may
adopt
all
necessary
and
proper
rules
30
to
administer
and
interpret
this
section
.
31
Sec.
866.
Section
252B.21,
Code
2023,
is
amended
to
read
as
32
follows:
33
252B.21
Administrative
seek
employment
orders.
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1.
For
any
support
order
being
enforced
by
the
unit
child
35
support
services
,
the
unit
child
support
services
may
enter
1
an
ex
parte
order
requiring
the
obligor
to
seek
employment
2
if
employment
of
the
obligor
cannot
be
verified
and
if
the
3
obligor
has
failed
to
make
support
payments.
Advance
notice
is
4
not
required
prior
to
entering
the
ex
parte
order.
The
order
5
shall
be
served
upon
the
obligor
by
regular
mail,
with
proof
of
6
service
completed
as
provided
in
rule
of
civil
procedure
1.442
.
7
The
unit
Child
support
services
shall
file
a
copy
of
the
order
8
with
the
clerk
of
the
district
court.
9
2.
The
order
to
seek
employment
shall
contain
directives,
10
including
all
of
the
following:
11
a.
That
the
obligor
seek
employment
within
a
determinate
12
amount
of
time.
13
b.
That
the
obligor
file
with
the
unit
child
support
14
services
on
a
weekly
basis
a
report
of
at
least
five
new
15
attempts
to
find
employment
or
of
having
found
employment.
The
16
report
shall
include
the
names,
addresses,
and
the
telephone
17
numbers
of
any
employers
or
businesses
with
whom
the
obligor
18
attempted
to
seek
employment
and
the
name
of
the
individual
19
contact
to
whom
the
obligor
made
application
for
employment
or
20
to
whom
an
inquiry
was
directed.
21
c.
That
failure
to
comply
with
the
notice
is
evidence
of
a
22
willful
failure
to
pay
support
under
section
598.23A
.
23
d.
That
the
obligor
shall
provide
the
child
support
recovery
24
unit
services
with
verification
of
any
reason
for
noncompliance
25
with
the
order.
26
e.
The
duration
of
the
order,
not
to
exceed
three
months.
27
3.
The
department
may
establish
additional
criteria
or
28
requirements
relating
to
seek
employment
orders
by
rule
as
29
necessary
to
implement
this
section
.
30
Sec.
867.
Section
252B.22,
subsection
1,
unnumbered
31
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
32
The
child
Child
support
recovery
unit
services
created
in
33
this
chapter
shall
establish
a
task
force
to
assist
in
the
34
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development
and
implementation
of
all
of
the
following:
35
Sec.
868.
Section
252B.23,
Code
2023,
is
amended
to
read
as
1
follows:
2
252B.23
Surcharge.
3
1.
A
surcharge
shall
be
due
and
payable
by
the
obligor
on
4
a
support
arrearage
identified
as
difficult
to
collect
and
5
referred
by
the
unit
child
support
services
on
or
after
January
6
1,
1998,
to
a
collection
entity
under
contract
with
the
unit
7
child
support
services
or
other
state
entity.
The
amount
of
8
the
surcharge
shall
be
a
percent
of
the
amount
of
the
support
9
arrearage
referred
to
the
collection
entity
and
shall
be
10
specified
in
the
contract
with
the
collection
entity.
For
the
11
purpose
of
this
chapter
,
a
“collection
entity”
includes
but
is
12
not
limited
to
a
state
agency,
including
the
central
collection
13
unit
of
the
department
of
revenue,
or
a
private
collection
14
agency.
Use
of
a
collection
entity
is
in
addition
to
any
15
other
legal
means
by
which
support
payments
may
be
collected.
16
The
unit
Child
support
services
shall
continue
to
use
other
17
enforcement
actions,
as
appropriate.
18
2.
a.
Notice
that
a
surcharge
may
be
assessed
on
a
support
19
arrearage
referred
to
a
collection
entity
pursuant
to
this
20
section
shall
be
provided
to
an
obligor
in
accordance
with
one
21
of
the
following
as
applicable:
22
(1)
In
the
order
establishing
or
modifying
the
support
23
obligation.
The
unit
Child
support
services
or
the
district
24
court
shall
include
notice
in
any
new
or
modified
support
order
25
issued
on
or
after
July
1,
1997.
26
(2)
Through
notice
sent
by
the
unit
child
support
services
27
by
regular
mail
to
the
last
known
address
of
the
support
28
obligor.
29
b.
The
notice
shall
also
advise
that
any
appropriate
30
information
may
be
provided
to
a
collection
entity
for
purposes
31
of
administering
and
enforcing
the
surcharge.
32
3.
Arrearages
submitted
for
referral
and
surcharge
pursuant
33
to
this
section
shall
meet
all
of
the
following
criteria:
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a.
The
arrearages
owed
shall
be
based
on
a
court
or
35
administrative
order
which
establishes
the
support
obligation.
1
b.
The
arrearage
is
due
for
a
case
in
which
the
unit
2
child
support
services
is
providing
services
pursuant
to
this
3
chapter
and
one
for
which
the
arrearage
has
been
identified
as
4
difficult
to
collect
by
the
unit
child
support
services
.
5
c.
The
obligor
was
provided
notice
pursuant
to
subsection
2
6
at
least
fifteen
days
prior
to
sending
the
notice
of
referral
7
pursuant
to
subsection
4
.
8
4.
The
unit
Child
support
services
shall
send
notice
of
9
referral
to
the
obligor
by
regular
mail
to
the
obligor’s
last
10
known
address,
with
proof
of
service
completed
according
to
11
rule
of
civil
procedure
1.442
,
at
least
thirty
days
prior
to
the
date
the
arrearage
is
referred
to
the
collection
entity.
13
The
notice
shall
inform
the
obligor
of
all
of
the
following:
14
a.
The
arrearage
will
be
referred
to
a
collection
entity.
15
b.
Upon
referral,
a
surcharge
is
due
and
payable
by
the
16
obligor.
17
c.
The
amount
of
the
surcharge.
18
d.
That
the
obligor
may
avoid
referral
by
paying
the
amount
19
of
the
arrearage
to
the
collection
services
center
within
20
twenty
days
of
the
date
of
notice
of
referral.
21
e.
That
the
obligor
may
contest
the
referral
by
submitting
a
22
written
request
for
review
of
the
unit
child
support
services
.
23
The
request
shall
be
received
by
the
unit
child
support
24
services
within
twenty
days
of
the
date
of
the
notice
of
25
referral.
26
f.
The
right
to
contest
the
referral
is
limited
to
a
mistake
27
of
fact,
which
includes
a
mistake
in
the
identity
of
the
28
obligor,
a
mistake
as
to
fulfillment
of
the
requirements
for
29
referral
under
this
subsection
,
or
a
mistake
in
the
amount
of
30
the
arrearages.
31
g.
The
unit
Child
support
services
shall
issue
a
written
32
decision
following
a
requested
review.
33
h.
Following
the
issuance
of
a
written
decision
by
the
unit
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child
support
services
denying
that
a
mistake
of
fact
exists,
35
the
obligor
may
request
a
hearing
to
challenge
the
surcharge
1
by
sending
a
written
request
for
a
hearing
to
the
office
of
2
the
unit
which
issued
the
decision
child
support
services
.
3
The
request
shall
be
received
by
the
office
of
the
unit
which
4
issued
the
decision
child
support
services
within
ten
days
of
5
the
unit’s
child
support
services’
written
decision.
The
only
6
grounds
for
a
hearing
shall
be
mistake
of
fact.
Following
7
receipt
of
the
written
request,
the
unit
which
receives
the
8
request
child
support
services
shall
certify
the
matter
for
9
hearing
in
the
district
court
in
the
county
in
which
the
10
underlying
support
order
is
filed.
11
i.
The
address
of
the
collection
services
center
for
payment
12
of
the
arrearages.
13
5.
If
the
obligor
pays
the
amount
of
arrearage
within
twenty
14
days
of
the
date
of
the
notice
of
referral,
referral
of
the
15
arrearage
to
a
collection
entity
shall
not
be
made.
16
6.
If
the
obligor
requests
a
review
or
court
hearing
17
pursuant
to
this
section
,
referral
of
the
arrearages
shall
be
18
stayed
pending
the
decision
of
the
unit
child
support
services
19
or
the
court.
20
7.
Actions
of
the
unit
child
support
services
under
this
21
section
shall
not
be
subject
to
contested
case
proceedings
or
22
further
review
pursuant
to
chapter
17A
and
any
resulting
court
23
hearing
shall
be
an
original
hearing
before
the
district
court.
24
However,
the
department
shall
establish,
by
rule
pursuant
to
25
chapter
17A
,
an
internal
process
to
provide
an
additional
26
review
by
the
administrator
of
the
child
support
recovery
unit
27
director
or
the
administrator’s
director’s
designee.
28
8.
If
an
obligor
does
not
pay
the
amount
of
the
arrearage,
29
does
not
contest
the
referral,
or
if
following
the
unit’s
30
child
support
services’
review
and
any
court
hearing
the
unit
31
child
support
services
or
the
court
does
not
find
a
mistake
32
of
fact,
the
arrearages
shall
be
referred
to
a
collection
33
entity.
Following
the
review
or
hearing,
if
the
unit
child
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support
services
or
the
court
finds
a
mistake
in
the
amount
35
of
the
arrearage,
the
arrearages
shall
be
referred
to
the
1
collection
entity
in
the
appropriate
arrearage
amount.
For
2
arrearages
referred
to
a
collection
entity,
the
obligor
shall
3
pay
a
surcharge
equal
to
a
percent
of
the
amount
of
the
support
4
arrearage
due
as
of
the
date
of
the
referral.
The
surcharge
5
is
in
addition
to
the
arrearages
and
any
other
fees
or
charges
6
owed,
and
shall
be
enforced
by
the
collection
entity
as
7
provided
under
section
252B.5
.
Upon
referral
to
the
collection
8
entity,
the
surcharge
is
an
automatic
judgment
against
the
9
obligor.
10
9.
The
director
or
the
director’s
designee
may
file
a
notice
11
of
the
surcharge
with
the
clerk
of
the
district
court
in
the
12
county
in
which
the
underlying
support
order
is
filed.
Upon
13
filing,
the
clerk
shall
enter
the
amount
of
the
surcharge
on
14
the
lien
index
and
judgment
docket.
15
10.
Following
referral
of
a
support
arrearage
to
a
16
collection
entity,
the
surcharge
shall
be
due
and
owing
and
17
enforceable
by
a
collection
entity
or
the
unit
child
support
18
services
notwithstanding
satisfaction
of
the
support
obligation
19
or
whether
the
collection
entity
is
enforcing
a
support
20
arrearage.
However,
the
unit
child
support
services
may
waive
21
payment
of
all
or
a
portion
of
the
surcharge
if
waiver
will
22
facilitate
the
collection
of
the
support
arrearage.
23
11.
All
surcharge
payments
shall
be
received
and
disbursed
24
by
the
collection
services
center.
The
surcharge
payments
25
received
by
the
collection
services
center
shall
be
considered
26
repayment
receipts
as
defined
in
section
8.2
and
shall
be
used
27
to
pay
the
costs
of
any
contracts
with
a
collection
entity.
28
12.
a.
A
payment
received
by
the
collection
services
center
29
which
meets
all
the
following
conditions
shall
be
allocated
as
30
specified
in
paragraph
“b”
:
31
(1)
The
payment
is
for
a
case
in
which
arrearages
have
been
32
referred
to
a
collection
entity.
33
(2)
A
surcharge
is
assessed
on
the
arrearages.
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(3)
The
payment
is
collected
under
the
provisions
of
the
35
contract
with
the
collection
entity.
1
b.
A
payment
meeting
all
of
the
conditions
in
paragraph
“a”
2
shall
be
allocated
between
support
and
costs
and
fees,
and
the
3
surcharge
according
to
the
following
formula:
4
(1)
The
payment
shall
be
divided
by
the
sum
of
one
hundred
5
percent
plus
the
percent
specified
in
the
contract.
6
(2)
The
quotient
shall
be
the
amount
allocated
to
the
7
support
arrearage
and
other
fees
and
costs.
8
(3)
The
difference
between
the
dividend
and
the
quotient
9
shall
be
the
amount
allocated
to
the
surcharge.
10
13.
Any
computer
or
software
programs
developed
and
any
11
records
used
in
relation
to
a
contract
with
a
collection
entity
12
remain
the
property
of
the
department.
13
Sec.
869.
Section
252B.24,
Code
2023,
is
amended
to
read
as
14
follows:
15
252B.24
State
case
registry.
16
1.
Beginning
October
1,
1998,
the
unit
Child
support
17
services
shall
operate
a
state
case
registry
to
the
extent
18
determined
by
applicable
time
frames
and
other
provisions
of
19
42
U.S.C.
§654a(e)
and
this
section
.
The
unit
Child
support
20
services
and
the
judicial
branch
shall
enter
into
a
cooperative
21
agreement
for
the
establishment
and
operation
of
the
registry
22
by
the
unit
child
support
services
.
The
state
case
registry
23
shall
include
records
with
respect
to
all
of
the
following:
24
a.
Unless
prohibited
by
federal
law,
each
case
for
which
25
services
are
provided
under
this
chapter
.
26
b.
Each
order
for
support,
as
defined
in
section
252D.16
or
27
598.1
,
which
meets
at
least
one
of
the
following
criteria:
28
(1)
The
support
order
is
established
or
modified
in
this
29
state
on
or
after
October
1,
1998.
30
(2)
The
income
of
the
obligor
is
subject
to
income
31
withholding
under
chapter
252D
,
including
any
support
order
for
32
which
the
district
court
enters
an
ex
parte
order
under
chapter
33
252D
on
or
after
October
1,
1998.
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2.
The
clerk
of
the
district
court
shall
provide
the
35
unit
child
support
services
with
any
information,
orders,
1
or
documents
requested
by
the
unit
child
support
services
2
to
establish
or
operate
the
state
case
registry,
which
are
3
specified
in
the
agreement
described
in
subsection
1
,
within
4
the
time
frames
specified
in
that
agreement.
The
agreement
5
shall
include
but
is
not
limited
to
provisions
to
provide
for
6
all
of
the
following:
7
a.
Provision
to
the
unit
child
support
services
of
8
information,
orders,
and
documents
necessary
for
the
unit
child
9
support
services
to
meet
requirements
described
in
42
U.S.C.
10
§654a(e)
and
this
section
.
11
b.
Provision
to
the
unit
child
support
services
of
12
information
filed
with
the
clerk
of
the
district
court
by
a
13
party
under
section
598.22B
,
and
the
social
security
number
14
of
a
child
filed
with
the
clerk
of
the
district
court
under
15
section
602.6111
.
16
c.
Use
of
automation,
as
appropriate,
to
meet
the
17
requirements
described
in
42
U.S.C.
§654a(e)
and
this
section
.
18
3.
The
records
of
the
state
case
registry
are
confidential
19
records
pursuant
to
chapter
22
and
may
only
be
disclosed
or
20
used
as
provided
in
section
252B.9
.
21
Sec.
870.
Section
252B.25,
Code
2023,
is
amended
to
read
as
22
follows:
23
252B.25
Contempt
——
combining
actions.
24
Notwithstanding
any
provision
of
law
to
the
contrary,
if
25
an
obligor
has
been
ordered
to
provide
support
in
more
than
26
one
order,
the
unit
child
support
services
may
bring
a
single
27
action
for
contempt
to
enforce
the
multiple
orders.
However,
28
if
the
obligor
objects
to
the
consolidation
of
the
actions
29
regarding
multiple
orders
into
a
single
action
for
contempt,
30
and
the
court
determines
that
severance
of
the
single
action
31
into
multiple
actions
is
in
the
interest
of
justice,
the
32
unit
child
support
services
shall
bring
multiple
actions
for
33
contempt
to
enforce
the
multiple
orders.
If
the
single
action
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is
brought
and
the
obligor
does
not
object,
the
unit
child
35
support
services
shall
file
the
action
in
the
district
court
of
1
a
county
where
the
obligor
resides,
or
if
the
obligor
does
not
2
reside
in
the
state,
in
the
district
court
of
the
county
where
3
at
least
one
of
the
support
orders
was
entered
or
registered.
4
For
the
purposes
of
this
section
,
the
district
court
where
5
the
unit
child
support
services
files
the
action
shall
have
6
jurisdiction
and
authority
over
all
other
support
orders
for
7
the
obligor
entered
or
registered
by
a
court
of
this
state
and
8
affected
under
this
section
.
In
such
case,
the
unit
child
9
support
services
shall
also
file
a
document
with
the
clerk
of
10
court
in
each
county
affected
specifying
the
county
where
the
11
action
under
this
section
was
filed
and
the
disposition
of
the
12
action.
13
Sec.
871.
Section
252B.26,
Code
2023,
is
amended
to
read
as
14
follows:
15
252B.26
Service
of
process.
16
Notwithstanding
any
provision
of
law
to
the
contrary,
the
17
unit
child
support
services
may
serve
a
petition,
notice,
or
18
rule
to
show
cause
under
this
chapter
or
chapter
252A
,
252C
,
19
252F
,
252H
,
252K
,
598
,
or
665
as
specified
in
each
chapter,
or
20
as
follows:
21
1.
The
unit
Child
support
services
may
serve
a
petition,
22
notice,
or
rule
to
show
cause
by
certified
mail.
Return
23
acknowledgment
is
required
to
prove
service
by
certified
mail,
24
rules
of
civil
procedure
1.303(5)
and
1.308(5)
shall
not
apply,
and
the
return
acknowledgment
shall
be
filed
with
the
clerk
of
26
court.
27
2.
The
unit
Child
support
services
may
serve
a
notice
28
of
intent
under
chapter
252H
,
or
a
notice
of
decision
under
29
section
252H.14A
,
upon
any
party
or
parent
who
is
receiving
30
family
investment
program
assistance
for
the
parent
or
child
by
31
sending
the
notice
by
regular
mail
to
the
address
maintained
by
32
the
department.
Rules
of
civil
procedure
1.303(5)
and
1.308(5)
33
shall
not
apply
and
the
unit
child
support
services
shall
file
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proof
of
service
as
provided
in
chapter
252H
.
If
the
notice
is
35
determined
to
be
undeliverable,
the
unit
child
support
services
1
shall
serve
the
notice
as
otherwise
provided
in
this
section
2
or
by
personal
service.
3
Sec.
872.
Section
252B.27,
Code
2023,
is
amended
to
read
as
4
follows:
5
252B.27
Use
of
funding
for
additional
positions.
6
1.
The
director,
within
the
limitations
of
the
amount
7
appropriated
for
the
unit
child
support
services
,
or
moneys
8
transferred
for
this
purpose
from
the
family
investment
program
9
account
created
in
section
239B.11
,
may
establish
new
positions
10
and
add
employees
to
the
unit
child
support
services
if
the
11
director
determines
that
both
the
current
and
additional
12
employees
together
can
reasonably
be
expected
to
maintain
or
13
increase
net
state
revenue
at
or
beyond
the
budgeted
level
for
14
the
fiscal
year.
15
2.
a.
The
director
may
establish
new
positions
and
add
16
state
employees
to
the
unit
child
support
services
or
contract
17
for
delivery
of
services
if
the
director
determines
the
18
employees
are
necessary
to
replace
county-funded
positions
19
eliminated
due
to
termination,
reduction,
or
nonrenewal
of
20
a
chapter
28E
contract.
However,
the
director
must
also
21
determine
that
the
resulting
increase
in
the
state
share
of
22
child
support
recovery
services
incentives
exceeds
the
cost
23
of
the
positions
or
contract,
the
positions
or
contract
are
24
necessary
to
ensure
continued
federal
funding
of
the
unit
25
child
support
services
,
or
the
new
positions
or
contract
can
26
reasonably
be
expected
to
recover
at
least
twice
the
amount
of
27
money
necessary
to
pay
the
salaries
and
support
for
the
new
28
positions
or
the
contract
will
generate
at
least
two
hundred
29
percent
of
the
cost
of
the
contract.
30
b.
Employees
in
full-time
positions
that
transition
31
from
county
government
to
state
government
employment
under
32
this
subsection
are
exempt
from
testing,
selection,
and
33
appointment
provisions
of
chapter
8A,
subchapter
IV
,
and
from
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the
provisions
of
collective
bargaining
agreements
relating
to
35
the
filling
of
vacant
positions.
1
Sec.
873.
Section
252C.1,
Code
2023,
is
amended
to
read
as
2
follows:
3
252C.1
Definitions.
4
As
used
in
this
chapter
,
unless
the
context
otherwise
5
requires:
6
1.
“Administrator”
means
the
administrator
of
the
child
7
support
recovery
unit
of
the
department
of
human
services,
or
8
the
administrator’s
designee.
9
2.
1.
“Caretaker”
means
a
parent,
relative,
guardian,
10
or
another
person
who
is
responsible
for
paying
foster
care
11
costs
pursuant
to
chapter
234
or
whose
needs
are
included
in
an
12
assistance
payment
made
pursuant
to
chapter
239B
.
13
2.
“Child
support
services”
means
child
support
services
14
created
in
section
252B.2.
15
3.
“Court
order”
means
a
judgment
or
order
requiring
the
16
payment
of
a
set
or
determinable
amount
of
monetary
support.
17
For
orders
entered
on
or
after
July
1,
1990,
unless
the
court
18
specifically
orders
otherwise,
medical
support,
as
defined
19
in
section
252E.1
,
is
not
included
in
the
amount
of
monetary
20
support.
21
4.
“Department”
means
the
department
of
health
and
human
22
services.
23
5.
“Dependent
child”
means
a
person
who
meets
the
24
eligibility
criteria
established
in
chapter
234
or
239B
and
25
whose
support
is
required
by
chapter
234
,
239B
,
252A
,
252F
,
26
598
,
or
600B
.
27
6.
“Director”
means
the
director
of
health
and
human
28
services.
29
6.
7.
“Medical
support”
means
medical
support
as
defined
30
in
section
252E.1
.
31
7.
8.
“Public
assistance”
means
foster
care
costs
paid
by
32
the
department
pursuant
to
chapter
234
or
assistance
provided
33
pursuant
to
chapter
239B
.
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8.
9.
“Responsible
person”
means
a
parent,
relative,
35
guardian,
or
another
person
legally
liable
for
the
support
of
a
1
child
or
a
child’s
caretaker.
2
Sec.
874.
Section
252C.2,
Code
2023,
is
amended
to
read
as
3
follows:
4
252C.2
Assignment
——
creation
of
support
debt
——
subrogation.
5
1.
If
public
assistance
is
provided
by
the
department
6
to
or
on
behalf
of
a
dependent
child
or
a
dependent
child’s
7
caretaker,
there
is
an
assignment
by
operation
of
law
to
the
8
department
of
any
and
all
right
in,
title
to,
and
interest
in
9
any
support
obligation,
payment,
and
arrearages
owed
to
or
for
10
the
child
or
caretaker
up
to
the
amount
of
public
assistance
11
paid
for
or
on
behalf
of
the
child
or
caretaker.
Unless
12
otherwise
specified
in
the
order,
an
equal
and
proportionate
13
share
of
any
child
support
awarded
is
presumed
to
be
payable
14
on
behalf
of
each
child
subject
to
the
order
or
judgment
for
15
purposes
of
an
assignment
under
this
section
.
For
family
16
investment
program
assistance,
section
239B.6
shall
apply.
17
2.
The
payment
of
public
assistance
to
or
for
the
benefit
of
18
a
dependent
child
or
a
dependent
child’s
caretaker
creates
a
19
support
debt
due
and
owing
to
the
department
by
the
responsible
20
person
in
an
amount
equal
to
the
public
assistance
payment,
21
except
that
the
support
debt
is
limited
to
the
amount
of
22
a
support
obligation
established
by
court
order
or
by
the
23
administrator
department
.
The
administrator
department
may
24
establish
a
support
debt
as
to
amounts
accrued
and
accruing
25
pursuant
to
section
598.21B
.
However,
when
establishing
a
26
support
obligation
against
a
responsible
person,
no
debt
shall
27
be
created
for
the
period
during
which
the
responsible
person
28
is
a
recipient
on
the
person’s
own
behalf
of
public
assistance
29
for
the
benefit
of
the
dependent
child
or
the
dependent
child’s
30
caretaker,
if
any
of
the
following
conditions
exist:
31
a.
The
parents
have
reconciled
and
are
cohabiting,
and
the
32
child
for
whom
support
would
otherwise
be
sought
is
living
in
33
the
same
residence
as
the
parents.
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b.
The
child
is
living
with
the
parent
from
whom
support
35
would
otherwise
be
sought.
1
3.
The
provision
of
child
support
collection
or
paternity
2
determination
services
under
chapter
252B
to
an
individual,
3
even
though
the
individual
is
ineligible
for
public
assistance,
4
creates
a
support
debt
due
and
owing
to
the
individual
or
the
5
individual’s
child
or
ward
by
the
responsible
person
in
the
6
amount
of
a
support
obligation
established
by
court
order
or
7
by
the
administrator
department
.
The
administrator
department
8
may
establish
a
support
debt
in
favor
of
the
individual
or
the
9
individual’s
child
or
ward
and
against
the
responsible
person,
10
both
as
to
amounts
accrued
and
accruing,
pursuant
to
section
11
598.21B
.
12
4.
The
payment
of
medical
assistance
pursuant
to
chapter
13
249A
for
the
benefit
of
a
dependent
child
or
a
dependent
14
child’s
caretaker
creates
a
support
debt
due
and
owing
to
the
15
department.
The
administrator
department
may
establish
an
16
order
for
medical
support.
17
5.
The
department
is
subrogated
to
the
rights
of
a
dependent
18
child
or
a
dependent
child’s
caretaker
to
bring
a
court
action
19
or
to
execute
an
administrative
remedy
for
the
collection
20
of
support.
The
administrator
department
may
petition
an
21
appropriate
court
for
modification
of
a
court
order
on
the
same
22
grounds
as
a
party
to
the
court
order
can
petition
the
court
23
for
modification.
24
Sec.
875.
Section
252C.3,
Code
2023,
is
amended
to
read
as
25
follows:
26
252C.3
Notice
of
support
debt
——
failure
to
respond
——
27
hearing
——
order.
28
1.
The
administrator
department
may
issue
a
notice
stating
29
the
intent
to
secure
an
order
for
either
medical
support
as
30
provided
in
chapter
252E
or
payment
of
an
accrued
or
accruing
31
support
debt
due
and
owed
to
the
department
or
an
individual
32
under
section
252C.2
,
or
both.
The
notice
shall
be
served
upon
33
the
responsible
person
in
accordance
with
the
rules
of
civil
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procedure.
The
notice
shall
include
all
of
the
following:
35
a.
A
statement
that
the
support
obligation
will
be
set
1
pursuant
to
the
child
support
guidelines
established
pursuant
2
to
section
598.21B
,
and
the
criteria
established
pursuant
to
3
section
252B.7A
,
and
that
the
responsible
person
is
required
to
4
provide
medical
support
in
accordance
with
chapter
252E
.
5
b.
The
name
of
a
public
assistance
recipient
and
the
name
of
6
the
dependent
child
or
caretaker
for
whom
the
public
assistance
7
is
paid.
8
c.
(1)
A
statement
that
if
the
responsible
person
desires
9
to
discuss
the
amount
of
support
that
a
responsible
person
10
should
be
required
to
pay,
the
responsible
person
may,
within
11
ten
days
after
being
served,
contact
the
office
of
the
child
12
support
recovery
unit
which
sent
the
notice
services
and
13
request
a
negotiation
conference.
14
(2)
A
statement
that
if
a
negotiation
conference
is
15
requested,
then
the
responsible
person
shall
have
ten
days
from
16
the
date
set
for
the
negotiation
conference
or
thirty
days
from
17
the
date
of
service
of
the
original
notice,
whichever
is
later,
18
to
send
a
request
for
a
hearing
to
the
office
of
the
child
19
support
recovery
unit
which
issued
the
notice
services
.
20
(3)
A
statement
that
after
the
holding
of
the
negotiation
21
conference,
the
administrator
department
may
issue
a
new
notice
22
and
finding
of
financial
responsibility
for
child
support
or
23
medical
support,
or
both,
to
be
sent
to
the
responsible
person
24
by
regular
mail
addressed
to
the
responsible
person’s
last
25
known
address,
or
if
applicable,
to
the
last
known
address
of
26
the
responsible
person’s
attorney.
27
(4)
A
statement
that
if
the
administrator
department
issues
28
a
new
notice
and
finding
of
financial
responsibility
for
child
29
support
or
medical
support,
or
both,
then
the
responsible
30
person
shall
have
thirty
days
from
the
date
of
issuance
of
the
31
new
notice
to
send
a
request
for
a
hearing
to
the
office
of
the
32
child
support
recovery
unit
which
issued
the
notice
services
.
33
If
the
administrator
department
does
not
issue
a
new
notice
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and
finding
of
financial
responsibility
for
child
support
or
35
medical
support,
or
both,
the
responsible
party
shall
have
ten
1
days
from
the
date
of
issuance
of
the
conference
report
to
send
2
a
request
for
a
hearing
to
the
office
of
the
child
support
3
recovery
unit
which
issued
the
conference
report
services
.
4
d.
A
statement
that
if
the
responsible
person
objects
5
to
all
or
any
part
of
the
notice
or
finding
of
financial
6
responsibility
for
child
support
or
medical
support,
or
both,
7
and
a
negotiation
conference
is
not
requested,
the
responsible
8
person
shall,
within
thirty
days
of
the
date
of
service
send
to
9
the
office
of
the
child
support
recovery
unit
which
issued
the
10
notice
services
a
written
response
setting
forth
any
objections
11
and
requesting
a
hearing.
12
e.
A
statement
that
if
a
timely
written
request
for
a
13
hearing
is
received
by
the
office
of
the
child
support
recovery
14
unit
which
issued
the
notice
services
,
the
responsible
person
15
shall
have
the
right
to
a
hearing
to
be
held
in
district
16
court;
and
that
if
no
timely
written
response
is
received,
the
17
administrator
department
may
enter
an
order
in
accordance
with
18
the
notice
and
finding
of
financial
responsibility
for
child
19
support
or
medical
support,
or
both.
20
f.
A
statement
that,
as
soon
as
the
order
is
entered,
the
21
property
of
the
responsible
person
is
subject
to
collection
22
action,
including
but
not
limited
to
wage
withholding,
23
garnishment,
attachment
of
a
lien,
and
execution.
24
g.
A
statement
that
the
responsible
person
shall
notify
the
25
administrator
department
of
any
change
of
address,
employment,
26
or
medical
coverage
as
required
by
chapter
252E
.
27
h.
A
statement
that
if
the
responsible
person
has
any
28
questions,
the
responsible
person
should
telephone
or
visit
an
29
office
of
the
child
support
recovery
unit
services
or
consult
30
an
attorney.
31
i.
Such
other
information
as
the
administrator
department
32
finds
appropriate.
33
2.
The
time
limitations
for
requesting
a
hearing
in
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subsection
1
may
be
extended
by
the
administrator
department
.
35
3.
If
a
timely
written
response
setting
forth
objections
and
1
requesting
a
hearing
is
received
by
the
appropriate
office
of
2
the
child
support
recovery
unit
services
,
a
hearing
shall
be
3
held
in
district
court.
4
4.
If
timely
written
response
and
request
for
hearing
is
5
not
received
by
the
appropriate
office
of
the
child
support
6
recovery
unit
services
,
the
administrator
department
may
enter
7
an
order
in
accordance
with
the
notice,
and
shall
specify
all
8
of
the
following:
9
a.
The
amount
of
monthly
support
to
be
paid,
with
directions
10
as
to
the
manner
of
payment.
11
b.
The
amount
of
the
support
debt
accrued
and
accruing
in
12
favor
of
the
department.
13
c.
The
name
of
the
custodial
parent
or
agency
having
custody
14
of
the
dependent
child
and
the
name
and
birth
date
of
the
15
dependent
child
for
whom
support
is
to
be
paid.
16
d.
That
the
property
of
the
responsible
person
is
subject
17
to
collection
action,
including
but
not
limited
to
wage
18
withholding,
garnishment,
attachment
of
a
lien,
and
execution.
19
e.
The
medical
support
required
pursuant
to
chapter
598
and
20
rules
adopted
pursuant
to
chapter
252E
.
21
5.
The
responsible
person
shall
be
sent
a
copy
of
the
order
22
by
regular
mail
addressed
to
the
responsible
person’s
last
23
known
address,
or
if
applicable,
to
the
last
known
address
of
24
the
responsible
person’s
attorney.
The
order
is
final,
and
25
action
by
the
administrator
department
to
enforce
and
collect
26
upon
the
order,
including
arrearages
and
medical
support,
or
27
both,
may
be
taken
from
the
date
of
approval
of
the
order
by
the
28
court
pursuant
to
section
252C.5
.
29
Sec.
876.
Section
252C.4,
Code
2023,
is
amended
to
read
as
30
follows:
31
252C.4
Certification
to
court
——
hearing
——
default.
32
1.
A
responsible
person
or
the
child
support
recovery
33
unit
services
may
request
a
hearing
regarding
a
determination
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of
support.
If
a
timely
written
request
for
a
hearing
is
35
received,
the
administrator
department
shall
certify
the
matter
1
to
the
district
court
as
follows:
2
a.
If
the
child
or
children
reside
in
Iowa,
and
the
unit
3
child
support
services
is
seeking
an
accruing
obligation,
in
4
the
county
in
which
the
dependent
child
or
children
reside.
5
b.
If
the
child
or
children
received
public
assistance
in
6
Iowa,
and
the
unit
child
support
services
is
seeking
only
an
7
accrued
obligation,
in
the
county
in
which
the
dependent
child
8
or
children
last
received
public
assistance.
9
c.
If
the
action
is
the
result
of
a
request
from
another
10
state
or
foreign
country
to
establish
support
by
a
responsible
11
person
located
in
Iowa,
in
the
county
in
which
the
responsible
12
person
resides.
13
2.
The
certification
shall
include
true
copies
of
the
14
notice
and
finding
of
financial
responsibility
or
notice
of
the
15
support
debt
accrued
and
accruing,
the
return
of
service,
the
16
written
objections
and
request
for
hearing,
and
true
copies
of
17
any
administrative
orders
previously
entered.
18
3.
The
court
shall
set
the
matter
for
hearing
and
notify
the
19
parties
of
the
time
and
place
of
hearing.
20
4.
The
court
shall
establish
the
monthly
child
support
21
payment
and
the
amount
of
the
support
debt
accrued
and
accruing
22
pursuant
to
section
598.21B
,
or
medical
support
pursuant
to
23
chapter
252E
,
or
both.
24
5.
If
a
party
fails
to
appear
at
the
hearing,
upon
a
showing
25
of
proper
notice
to
that
party,
the
court
shall
find
that
party
26
in
default
and
enter
an
appropriate
order.
27
6.
Actions
initiated
by
the
administrator
department
under
28
this
chapter
are
not
subject
to
chapter
17A
and
resulting
court
29
hearings
following
certification
shall
be
an
original
hearing
30
before
the
district
court.
31
7.
If
a
responsible
person
contests
an
action
initiated
32
under
this
chapter
by
denying
paternity,
the
following
shall
33
apply,
as
necessary:
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a.
(1)
If
the
prior
determination
of
paternity
is
based
on
35
an
affidavit
of
paternity
filed
pursuant
to
section
252A.3A
,
or
1
an
administrative
order
entered
pursuant
to
chapter
252F
,
or
an
2
order
by
the
courts
of
this
state,
or
by
operation
of
law
when
3
the
mother
and
established
father
are
or
were
married
to
each
4
other,
the
provisions
of
section
600B.41A
are
applicable.
5
(2)
If
the
court
determines
that
the
prior
determination
of
6
paternity
should
not
be
overcome
pursuant
to
section
600B.41A
,
7
and
that
the
responsible
person
has
a
duty
to
provide
support,
8
the
court
shall
enter
an
order
establishing
the
monthly
child
9
support
payment
and
the
amount
of
the
support
debt
accrued
10
and
accruing
pursuant
to
section
598.21B
,
or
medical
support
11
pursuant
to
chapter
252E
,
or
both.
12
b.
If
the
prior
determination
of
paternity
is
based
on
an
13
administrative
or
court
order
or
other
means,
pursuant
to
the
14
laws
of
another
state
or
foreign
country,
an
action
to
overcome
15
the
prior
determination
of
paternity
shall
be
filed
in
that
16
jurisdiction.
Unless
the
responsible
person
requests
and
is
17
granted
a
stay
of
an
action
initiated
under
this
chapter
to
18
establish
child
or
medical
support,
the
action
shall
proceed
as
19
otherwise
provided
by
this
chapter
.
20
Sec.
877.
Section
252C.5,
Code
2023,
is
amended
to
read
as
21
follows:
22
252C.5
Filing
and
docketing
of
financial
responsibility
order
23
——
order
effective
as
district
court
decree.
24
1.
A
true
copy
of
any
order
entered
by
the
administrator
25
department
pursuant
to
this
chapter
,
along
with
a
true
copy
26
of
the
return
of
service,
if
applicable,
may
be
filed
in
27
the
office
of
the
clerk
of
the
district
court
in
the
manner
28
established
pursuant
to
section
252C.4,
subsection
1
.
29
2.
The
administrator’s
department’s
order
shall
be
30
presented,
ex
parte,
to
the
district
court
for
review
and
31
approval.
Unless
defects
appear
on
the
face
of
the
order
or
on
32
the
attachments,
the
district
court
shall
approve
the
order.
33
The
approved
order
shall
have
all
the
force,
effect,
and
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attributes
of
a
docketed
order
or
decree
of
the
district
court.
35
3.
Upon
filing,
the
clerk
shall
enter
the
order
in
the
1
judgment
docket.
2
4.
If
the
responsible
party
appeals
the
order
approved
3
by
the
court
under
this
section
,
and
the
court
on
appeal
4
establishes
an
amount
of
support
which
is
less
than
the
amount
5
of
support
established
under
the
approved
order,
the
court,
in
6
the
order
issued
on
appeal,
shall
reconcile
the
amounts
due
7
and
shall
provide
that
any
amount
which
represents
the
unpaid
8
difference
between
the
amount
under
the
approved
order
and
the
9
amount
under
the
order
of
the
court
on
appeal
is
satisfied.
10
Sec.
878.
Section
252C.6,
Code
2023,
is
amended
to
read
as
11
follows:
12
252C.6
Interest
on
support
debts.
13
Interest
accrues
on
support
debts
at
the
rate
provided
14
in
section
535.3
for
court
judgments.
The
administrator
15
department
may
collect
the
accrued
interest
but
is
not
required
16
to
maintain
interest
balance
accounts.
The
department
Child
17
support
services
may
waive
payment
of
the
interest
if
the
18
waiver
will
facilitate
the
collection
of
the
support
debt.
19
Sec.
879.
Section
252C.8,
Code
2023,
is
amended
to
read
as
20
follows:
21
252C.8
Temporary
restraining
order
or
bond.
22
If
the
administrator
department
reasonably
believes
that
the
23
responsible
person
is
not
a
resident
of
this
state,
is
about
to
24
move
from
this
state,
or
is
concealing
the
responsible
person’s
25
whereabouts,
or
that
the
responsible
person
has
removed
or
26
is
about
to
remove,
secrete,
waste,
or
otherwise
dispose
of
27
property
which
could
be
made
subject
to
collection
procedures
28
to
satisfy
the
support
debt,
the
administrator
department
may
29
petition
the
district
court
for
a
temporary
restraining
order
30
barring
the
removal,
secretion,
waste,
or
disposal.
However,
31
if
the
responsible
person
furnishes
a
bond
satisfactory
to
the
32
court,
the
temporary
restraining
order
shall
be
vacated.
33
Sec.
880.
Section
252C.12,
Code
2023,
is
amended
to
read
as
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35
252C.12
Waiver
of
time
limitations
by
responsible
person.
1
1.
A
responsible
person
may
waive
the
time
limitations
2
established
in
section
252C.3
.
3
2.
Upon
receipt
of
a
signed
statement
from
each
responsible
4
person
waiving
the
time
limitations
established
in
section
5
252C.3
,
the
administrator
department
may
proceed
to
enter
an
6
order
for
support
and
the
court
may
approve
the
order,
whether
7
or
not
the
time
limitations
have
expired.
8
3.
If
a
responsible
person
waives
the
time
limitations
9
established
in
section
252C.3
and
an
order
for
support
is
10
entered
under
this
chapter
,
the
signed
statement
of
the
11
responsible
person
waiving
the
time
limitations
shall
be
filed
12
with
the
order
for
support.
13
Sec.
881.
Section
252D.1,
Code
2023,
is
amended
to
read
as
14
follows:
15
252D.1
Delinquent
support
payments.
16
If
support
payments
ordered
under
this
chapter
or
chapter
17
232
,
234
,
252A
,
252C
,
252E
,
252F
,
598
,
600B
,
or
any
other
18
applicable
chapter,
or
under
a
comparable
statute
of
another
19
state
or
foreign
country,
as
certified
to
the
child
support
20
recovery
unit
established
in
section
252B.2
services
,
are
not
21
paid
to
the
clerk
of
the
district
court
or
the
collection
22
services
center
pursuant
to
section
598.22
or,
as
appropriate,
23
a
comparable
government
entity
in
another
state
as
provided
24
in
chapter
252K
,
and
become
delinquent
in
an
amount
equal
to
25
the
payment
for
one
month,
the
child
support
recovery
unit
26
services
may
enter
an
ex
parte
order
or,
upon
application
of
a
27
person
entitled
to
receive
the
support
payments,
the
district
28
court
may
enter
an
ex
parte
order,
notifying
the
person
whose
29
income
is
to
be
withheld,
of
the
delinquent
amount,
of
the
30
amount
of
income
to
be
withheld,
and
of
the
procedure
to
31
file
a
motion
to
quash
the
order
for
income
withholding,
and
32
ordering
the
withholding
of
specified
sums
to
be
deducted
33
from
the
delinquent
person’s
income
as
defined
in
section
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252D.16
sufficient
to
pay
the
support
obligation
and,
except
as
35
provided
in
section
598.22
,
requiring
the
payment
of
such
sums
1
to
the
clerk
of
the
district
court
or
the
collection
services
2
center
or,
as
appropriate,
a
comparable
government
entity
3
in
another
state
as
provided
in
chapter
252K
.
All
income
4
withholding
payments
shall
be
paid
to
the
collection
services
5
center
or,
as
appropriate,
a
comparable
government
entity
in
6
another
state
as
provided
in
chapter
252K
.
Notification
of
7
income
withholding
shall
be
provided
to
the
obligor
and
to
the
8
payor
of
income
pursuant
to
section
252D.17
.
9
Sec.
882.
Section
252D.8,
Code
2023,
is
amended
to
read
as
10
follows:
11
252D.8
Persons
subject
to
immediate
income
withholding.
12
1.
In
a
support
order
issued
or
modified
on
or
after
13
November
1,
1990,
for
which
services
are
being
provided
by
the
14
child
support
recovery
unit
services
,
and
in
any
support
orders
15
issued
or
modified
after
January
1,
1994,
for
which
services
16
are
not
provided
by
the
child
support
recovery
unit
services
,
17
the
income
of
a
support
obligor
is
subject
to
withholding,
on
18
the
effective
date
of
the
order,
regardless
of
whether
support
19
payments
by
the
obligor
are
in
arrears.
If
services
are
being
20
provided
pursuant
to
chapter
252B
,
the
child
support
recovery
21
unit
services
may
enter
an
ex
parte
order
for
an
immediate
22
withholding
of
income.
The
district
court
may
enter
an
ex
23
parte
order
for
immediate
income
withholding
for
cases
in
which
24
the
child
support
recovery
unit
services
is
not
providing
25
services.
The
income
of
the
obligor
is
subject
to
immediate
26
withholding
unless
one
of
the
following
occurs:
27
a.
One
of
the
parties
demonstrates
and
the
court
or
child
28
support
recovery
unit
services
finds
there
is
good
cause
not
to
29
require
immediate
withholding.
A
finding
of
good
cause
shall
30
be
based
on,
at
a
minimum,
written
findings
and
conclusions
by
31
the
court
or
administrative
authority
as
to
why
implementing
32
immediate
withholding
would
not
be
in
the
best
interests
of
the
33
child.
In
cases
involving
modifications,
the
findings
shall
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also
include
proof
of
timely
payment
of
previously
ordered
35
support.
1
b.
A
written
agreement
is
reached
between
both
parties
2
which
provides
for
an
alternative
arrangement.
If
the
support
3
payments
have
been
assigned
to
the
department
of
human
services
4
pursuant
to
chapter
234
or
239B
,
or
a
comparable
statute
of
5
another
jurisdiction,
the
department
shall
be
considered
a
6
party
to
the
support
order,
and
a
written
agreement
pursuant
7
to
this
section
to
waive
immediate
withholding
is
void
unless
8
approved
by
the
child
support
recovery
unit
services
.
Any
9
agreement
existing
at
the
time
an
assignment
of
support
is
made
10
pursuant
to
chapter
234
or
239B
or
pursuant
to
a
comparable
11
statute
of
another
jurisdiction
shall
not
prevent
the
child
12
support
recovery
unit
services
from
implementing
immediate
13
withholding.
14
2.
For
an
order
not
requiring
immediate
withholding,
income
15
of
an
obligor
is
subject
to
immediate
withholding,
without
16
regard
to
whether
there
is
an
arrearage,
on
the
earliest
of
the
17
following:
18
a.
The
date
the
obligor
requests
that
the
withholding
begin.
19
b.
The
date
the
custodial
parent
or
party
to
the
proceeding
20
requests
that
the
withholding
begin,
if
the
request
is
approved
21
by
the
district
court
or,
in
cases
in
which
services
are
22
being
provided
pursuant
to
chapter
252B
,
if
the
child
support
23
recovery
unit
services
approves
the
request.
24
Sec.
883.
Section
252D.16,
Code
2023,
is
amended
to
read
as
25
follows:
26
252D.16
Definitions.
27
As
used
in
this
chapter
,
unless
the
context
otherwise
28
requires:
29
1.
“Child
support
services”
means
the
same
as
child
30
supported
services
created
in
section
252B.2.
31
2.
“Department”
means
the
department
of
health
and
human
32
services.
33
1.
3.
“Income”
means
all
of
the
following:
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a.
Any
periodic
form
of
payment
due
an
individual,
35
regardless
of
source,
including
but
not
limited
to
wages,
1
salaries,
commissions,
bonuses,
workers’
compensation,
2
disability
payments,
payments
pursuant
to
a
pension
or
3
retirement
program,
and
interest.
4
b.
A
sole
payment
or
lump
sum
as
provided
in
section
5
252D.18C
,
including
but
not
limited
to
payment
from
an
estate
6
including
inheritance,
or
payment
for
personal
injury
or
7
property
damage.
8
c.
Irregular
income
as
defined
in
section
252D.18B
.
9
2.
4.
“Payor
of
income”
or
“payor”
means
and
includes,
but
10
is
not
limited
to,
an
obligor’s
employer,
trustee,
the
state
11
of
Iowa
and
all
governmental
subdivisions
and
agencies
and
any
12
other
person
from
whom
an
obligor
receives
income.
13
3.
5.
“Support”
or
“support
payments”
means
any
amount
14
which
the
court
or
administrative
agency
may
require
a
person
15
to
pay
for
the
benefit
of
a
child
under
a
temporary
order
or
a
16
final
judgment
or
decree
entered
under
chapter
232
,
234
,
252A
,
17
252C
,
252F
,
252H
,
598
,
600B
,
or
any
other
comparable
chapter,
18
and
may
include
child
support,
maintenance,
medical
support
as
19
defined
in
chapter
252E
,
spousal
support,
and
any
other
term
20
used
to
describe
these
obligations.
These
obligations
may
21
include
support
for
a
child
of
any
age
who
is
dependent
on
the
22
parties
to
the
dissolution
proceedings
because
of
physical
or
23
mental
disability.
The
obligations
may
include
support
for
24
a
child
eighteen
or
more
years
of
age
with
respect
to
whom
a
25
child
support
order
has
been
issued
pursuant
to
the
laws
of
26
another
state
or
foreign
country.
These
obligations
shall
27
not
include
amounts
for
a
postsecondary
education
subsidy
as
28
defined
in
section
598.1
.
29
Sec.
884.
Section
252D.16A,
Code
2023,
is
amended
to
read
30
as
follows:
31
252D.16A
Income
withholding
order
——
child
support
recovery
32
unit
services
.
33
If
support
payments
are
ordered
under
this
chapter
,
chapter
34
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232
,
234
,
252A
,
252C
,
252E
,
252F
,
252H
,
598
,
600B
,
or
any
other
35
applicable
chapter,
or
under
a
comparable
statute
of
another
1
state
or
foreign
country,
and
if
income
withholding
relative
2
to
such
support
payments
is
allowed
under
this
chapter
,
the
3
child
support
recovery
unit
services
may
enter
an
ex
parte
4
order
notifying
the
person
whose
income
is
to
be
withheld
5
of
the
procedure
to
file
a
motion
to
quash
the
order
for
6
income
withholding,
and
ordering
the
withholding
of
sums
to
7
be
deducted
from
the
delinquent
person’s
income
as
defined
in
8
section
252D.16
sufficient
to
pay
the
support
obligation
and
9
requiring
the
payment
of
such
sums
to
the
collection
services
10
center
or,
as
appropriate,
a
comparable
government
entity
in
11
another
state
as
provided
in
chapter
252K
.
The
child
Child
12
support
recovery
unit
services
shall
include
the
amount
of
13
any
delinquency
and
the
amount
to
be
withheld
in
the
notice
14
provided
to
the
obligor
pursuant
to
section
252D.17A
.
Notice
15
of
income
withholding
shall
be
provided
to
the
obligor
and
to
16
the
payor
of
income
pursuant
to
sections
252D.17
and
252D.17A
.
17
Sec.
885.
Section
252D.17,
subsection
1,
unnumbered
18
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
19
The
district
court
shall
provide
notice
by
sending
a
copy
20
of
the
order
for
income
withholding
or
a
notice
of
the
order
21
for
income
withholding
to
the
obligor
and
the
obligor’s
payor
22
of
income
by
regular
mail,
with
proof
of
service
completed
23
according
to
rule
of
civil
procedure
1.442
.
The
child
Child
24
support
recovery
unit
services
shall
provide
notice
of
the
25
income
withholding
order
by
sending
a
notice
of
the
order
to
26
the
obligor’s
payor
of
income
by
regular
mail
or
by
electronic
27
means.
Proof
of
service
may
be
completed
according
to
ruleof
28
civil
procedure
1.442
.
The
child
Child
support
recovery
unit’s
services’
notice
of
the
order
may
be
sent
to
the
payor
30
of
income
on
the
same
date
that
the
order
is
sent
to
the
clerk
31
of
court
for
filing.
In
all
other
instances,
the
income
32
withholding
order
shall
be
filed
with
the
clerk
of
court
prior
33
to
sending
the
notice
of
the
order
to
the
payor
of
income.
In
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addition
to
the
amount
to
be
withheld
for
payment
of
support,
35
the
order
or
the
notice
of
the
order
shall
be
in
a
standard
1
format
as
prescribed
by
the
unit
child
support
services
and
2
shall
include
all
of
the
following
information
regarding
the
3
duties
of
the
payor
in
implementing
the
withholding
order:
4
Sec.
886.
Section
252D.17,
subsection
1,
paragraphs
g
and
i,
5
Code
2023,
are
amended
to
read
as
follows:
6
g.
The
withholding
is
binding
on
the
payor
until
further
7
notice
by
the
court
or
the
child
support
recovery
unit
8
services
.
9
i.
The
payor
shall
promptly
notify
the
court
or
the
child
10
support
recovery
unit
services
when
the
obligor’s
employment
or
11
other
income
terminates,
and
provide
the
obligor’s
last
known
12
address
and
the
name
and
address
of
the
obligor’s
new
employer,
13
if
known.
14
Sec.
887.
Section
252D.17A,
Code
2023,
is
amended
to
read
15
as
follows:
16
252D.17A
Notice
to
obligor
of
implementation
of
income
17
withholding
order.
18
The
child
Child
support
recovery
unit
services
or
the
19
district
court
shall
send
a
notice
of
the
income
withholding
20
order
to
the
obligor
at
the
time
the
notice
is
sent
to
the
payor
21
of
income.
22
Sec.
888.
Section
252D.18,
Code
2023,
is
amended
to
read
as
23
follows:
24
252D.18
Modification
or
termination
of
withholding.
25
1.
The
court
or
the
child
support
recovery
unit
services
26
may,
by
ex
parte
order,
modify
a
previously
entered
income
27
withholding
order
if
the
court
or
the
unit
child
support
28
services
determines
any
of
the
following:
29
a.
There
has
been
a
change
in
the
amount
of
the
current
30
support
obligation.
31
b.
The
amount
required
to
be
withheld
under
the
income
32
withholding
order
is
in
error.
33
c.
Any
past
due
support
debt
has
been
paid
in
full.
Should
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a
delinquency
later
accrue,
the
withholding
order
may
be
35
modified
to
secure
payment
toward
the
delinquency.
1
d.
There
has
been
a
change
in
the
rules
adopted
by
the
2
department
pursuant
to
chapter
17A
regarding
the
amount
of
3
income
to
be
withheld
to
pay
a
delinquency.
4
2.
The
child
Child
support
recovery
unit
services
may
modify
5
an
amount
specified
in
an
income
withholding
order
or
notice
of
6
income
withholding
by
providing
notice
to
the
payor
of
income
7
and
the
obligor
pursuant
to
sections
252D.17
and
252D.17A
.
8
3.
The
court
or
the
child
support
recovery
unit
services
9
may,
by
ex
parte
order,
terminate
an
income
withholding
order
10
when
the
current
support
obligation
has
terminated
and
when
11
the
delinquent
support
obligation
has
been
fully
satisfied
12
as
applicable
to
all
of
the
children
covered
by
the
income
13
withholding
order.
The
unit
Child
support
services
may,
by
14
ex
parte
order,
terminate
an
income
withholding
order
when
15
the
unit
child
support
services
will
no
longer
be
providing
16
services
under
chapter
252B
,
or
when
another
state
or
foreign
17
country
will
be
providing
services
under
Tit.
IV-D
of
the
18
federal
Social
Security
Act
or
a
comparable
law
in
a
foreign
19
country.
20
4.
In
no
case
shall
payment
of
overdue
support
be
the
sole
21
basis
for
termination
of
withholding.
22
Sec.
889.
Section
252D.18A,
subsections
1
and
4,
Code
2023,
23
are
amended
to
read
as
follows:
24
1.
The
total
of
all
amounts
withheld
shall
not
exceed
the
25
amounts
specified
in
15
U.S.C.
§1673(b).
For
orders
or
notices
26
issued
by
the
child
support
recovery
unit
services
,
the
limit
27
for
the
amount
to
be
withheld
shall
be
specified
in
the
order
28
or
notice.
29
4.
The
payor
shall
identify
and
report
payments
by
the
30
obligor’s
name,
account
number,
amount,
and
date
withheld
31
pursuant
to
section
252D.17
.
If
payments
for
multiple
obligees
32
are
combined,
the
portion
of
the
payment
attributable
to
each
33
obligee
shall
be
specifically
identified
only
if
the
payor
is
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directed
to
do
so
by
the
child
support
recovery
unit
services
.
35
Sec.
890.
Section
252D.18B,
Code
2023,
is
amended
to
read
1
as
follows:
2
252D.18B
Irregular
income.
3
When
payment
of
income
is
irregular,
and
an
order
for
4
immediate
or
mandatory
income
withholding
has
been
entered
by
5
the
child
support
recovery
unit
services
or
the
district
court,
6
the
income
payor
shall
withhold
income
equal
to
the
total
that
7
would
have
been
withheld
had
there
been
regular
monthly
income.
8
The
amounts
withheld
shall
not
exceed
the
amounts
specified
9
in
15
U.S.C.
§1673(b).
For
the
purposes
of
this
section
,
an
10
income
source
is
irregular
when
there
are
periods
in
excess
of
11
one
month
during
which
the
income
payor
makes
no
payment
to
the
12
obligor
and
the
periods
are
not
the
result
of
termination
or
13
suspension
of
employment.
14
Sec.
891.
Section
252D.18C,
Code
2023,
is
amended
to
read
15
as
follows:
16
252D.18C
Withholding
from
lump
sum
payments.
17
The
child
Child
support
recovery
unit
services
or
the
18
district
court
may
enter
an
ex
parte
order
for
income
19
withholding
when
the
obligor
is
paid
by
a
lump
sum
income
20
source.
When
a
sole
payment
is
made
or
payment
occurs
at
21
two-month
or
greater
intervals,
the
withholding
order
may
22
include
all
current
and
delinquent
support
due
through
the
23
current
month,
but
shall
not
exceed
the
amounts
specified
in
24
15
U.S.C.
§1673(b).
25
Sec.
892.
Section
252D.19A,
subsection
2,
Code
2023,
is
26
amended
to
read
as
follows:
27
2.
If
the
unit
child
support
services
takes
an
enforcement
28
action
during
a
calendar
year
against
an
obligor
and
the
29
obligor
is
not
delinquent
or
in
arrears
solely
due
to
the
30
applicability
of
this
section
to
the
obligor,
upon
discovering
31
the
circumstances,
the
unit
child
support
services
shall
32
promptly
discontinue
the
enforcement
action.
33
Sec.
893.
Section
252D.20,
Code
2023,
is
amended
to
read
as
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1541
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662
follows:
35
252D.20
Administration
of
income
withholding
procedures.
1
The
child
Child
support
recovery
unit
services
is
designated
2
as
the
entity
of
the
state
to
administer
income
withholding
in
3
accordance
with
the
procedures
specified
for
keeping
adequate
4
records
to
document,
track,
and
monitor
support
payments
on
5
cases
subject
to
Tit.
IV-D
of
the
federal
Social
Security
6
Act.
The
collection
services
center
is
designated
as
the
7
entity
for
administering
income
withholding
for
cases
which
are
8
not
subject
to
Tit.
IV-D.
The
collection
services
center’s
9
responsibilities
for
administering
income
withholding
in
cases
10
not
subject
to
Tit.
IV-D
are
limited
to
the
receipt,
recording,
11
and
disbursement
of
income
withholding
payments
and
to
12
responding
to
requests
for
information
on
the
current
status
of
13
support
payments
pursuant
to
section
252B.13A
.
Notwithstanding
14
section
622.53
,
in
cases
where
the
court
or
the
child
support
15
recovery
unit
services
is
enforcing
an
order
of
another
state
16
or
foreign
country
through
income
withholding,
a
certified
copy
17
of
the
underlying
judgment
is
sufficient
proof
of
authenticity.
18
Sec.
894.
Section
252D.22,
Code
2023,
is
amended
to
read
as
19
follows:
20
252D.22
Rules.
21
The
department
shall
adopt
the
administrative
rules
22
necessary
to
implement
the
provisions
of
this
chapter
as
they
23
pertain
to
the
operations
of
the
child
support
recovery
unit
24
services
.
25
Sec.
895.
Section
252D.23,
Code
2023,
is
amended
to
read
as
26
follows:
27
252D.23
Filing
of
withholding
order
——
order
effective
as
28
district
court
order.
29
An
income
withholding
order
entered
by
the
child
support
30
recovery
unit
services
pursuant
to
this
chapter
shall
be
31
filed
with
the
clerk
of
the
district
court.
In
lieu
of
any
32
signature
on
the
order
which
may
otherwise
be
required
by
law
33
or
rule,
the
order
shall
have
affixed
the
name
and
address
34
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of
the
appropriate
child
support
office
services
.
For
the
35
purposes
of
demonstrating
compliance
by
the
payor
of
income,
1
the
copy
of
the
withholding
order
or
the
notice
of
the
order
2
received,
whether
or
not
the
copy
of
the
order
is
file-stamped,
3
shall
have
all
the
force,
effect,
and
attributes
of
a
docketed
4
order
of
the
district
court
including,
but
not
limited
to,
5
availability
of
contempt
of
court
proceedings
against
a
6
payor
of
income
for
noncompliance.
However,
any
information
7
contained
in
the
income
withholding
order
or
the
notice
of
the
8
order
related
to
the
amount
of
the
accruing
or
accrued
support
9
obligation
which
does
not
reflect
the
correct
amount
of
support
10
due
does
not
modify
the
underlying
support
judgment.
11
Sec.
896.
Section
252E.1,
Code
2023,
is
amended
to
read
as
12
follows:
13
252E.1
Definitions.
14
As
used
in
this
chapter
,
unless
the
context
otherwise
15
requires:
16
1.
“Accessible”
means
any
of
the
following,
unless
otherwise
17
provided
in
the
support
order:
18
a.
The
health
benefit
plan
does
not
have
service
area
19
limitations
or
provides
an
option
not
subject
to
service
area
20
limitations.
21
b.
The
health
benefit
plan
has
service
area
limitations
and
22
the
dependent
lives
within
thirty
miles
or
thirty
minutes
of
a
23
network
primary
care
provider.
24
2.
“Basic
coverage”
means
health
care
coverage
that
at
a
25
minimum
provides
coverage
for
emergency
care,
inpatient
and
26
outpatient
hospital
care,
physician
services
whether
provided
27
within
or
outside
a
hospital
setting,
and
laboratory
and
x-ray
28
services.
29
3.
“Cash
medical
support”
means
a
monetary
amount
that
30
a
parent
is
ordered
to
pay
to
the
obligee
in
lieu
of
that
31
parent
providing
health
care
coverage,
which
amount
is
five
32
percent
of
the
gross
income
of
the
parent
ordered
to
pay
the
33
monetary
amount
or,
if
the
child
support
guidelines
established
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pursuant
to
section
598.21B
specifically
provide
an
alternative
35
income-based
numeric
standard
for
determining
the
amount,
1
the
amount
determined
by
the
standard
specified
by
the
child
2
support
guidelines.
“Cash
medical
support”
is
an
obligation
3
separate
from
any
monetary
amount
a
parent
is
ordered
to
pay
4
for
uncovered
medical
expenses
pursuant
to
the
guidelines
5
established
pursuant
to
section
598.21B
.
6
4.
“Child”
means
a
person
for
whom
child
or
medical
support
7
may
be
ordered
pursuant
to
chapter
234
,
239B
,
252A
,
252C
,
252F
,
8
252H
,
252K
,
598
,
600B
,
or
any
other
chapter
of
the
Code
or
9
pursuant
to
a
comparable
statute
of
another
state
or
foreign
10
country.
11
5.
“Child
support
services”
means
child
support
services
12
created
in
section
252B.1.
13
5.
6.
“Department”
means
the
department
of
health
and
14
human
services,
which
includes
but
is
not
limited
to
the
child
15
support
recovery
unit
services
,
or
any
comparable
support
16
enforcement
agency
of
another
state.
17
6.
7.
“Dependent”
means
a
child,
or
an
obligee
for
whom
18
a
court
may
order
health
care
coverage
pursuant
to
section
19
252E.3
.
20
7.
8.
“Enroll”
means
to
be
eligible
for
and
covered
by
a
21
health
benefit
plan.
22
8.
9.
“Health
benefit
plan”
means
any
policy
or
contract
23
of
insurance,
indemnity,
subscription,
or
membership
issued
24
by
an
insurer,
health
service
corporation,
health
maintenance
25
organization,
or
any
similar
corporation
or
organization,
any
26
public
coverage,
or
any
self-insured
employee
benefit
plan,
27
for
the
purpose
of
covering
medical
expenses.
These
expenses
28
may
include
but
are
not
limited
to
hospital,
surgical,
major
29
medical
insurance,
dental,
optical,
prescription
drugs,
office
30
visits,
or
any
combination
of
these
or
any
other
comparable
31
health
care
expenses.
32
9.
10.
“Health
care
coverage”
or
“coverage”
means
providing
33
and
paying
for
the
medical
needs
of
a
dependent
through
a
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health
benefit
plan.
35
10.
11.
“Insurer”
means
any
entity,
including
a
health
1
service
corporation,
health
maintenance
organization,
or
any
2
similar
corporation
or
organization,
or
an
employer
offering
3
self-insurance,
that
provides
a
health
benefit
plan,
but
does
4
not
include
an
entity
that
provides
public
coverage.
5
11.
12.
“Medical
support”
means
either
the
provision
of
6
health
care
coverage
or
the
payment
of
cash
medical
support.
7
“Medical
support”
is
not
alimony.
8
12.
13.
“National
medical
support
notice”
means
a
notice
9
as
prescribed
under
42
U.S.C.
§666(a)(19)
or
a
substantially
10
similar
notice,
that
is
issued
and
forwarded
by
the
department
11
in
accordance
with
section
252E.4
to
enforce
the
health
care
12
coverage
provisions
of
a
support
order.
The
national
medical
13
support
notice
is
not
applicable
to
a
provider
of
public
14
coverage.
15
13.
14.
“Obligee”
means
a
parent
or
another
natural
person
16
legally
entitled
to
receive
a
support
payment
on
behalf
of
a
17
child.
18
14.
15.
“Obligor”
means
a
parent
or
another
natural
person
19
legally
responsible
for
the
support
of
a
dependent.
20
15.
16.
“Order”
means
a
support
order
entered
pursuant
to
21
chapter
234
,
252A
,
252C
,
252F
,
252H
,
252K
,
598
,
600B
,
or
any
22
other
support
chapter,
or
pursuant
to
a
comparable
statute
of
23
another
state
or
foreign
country,
or
an
ex
parte
order
entered
24
pursuant
to
section
252E.4
.
“Order”
also
includes
a
notice
of
25
such
an
order
issued
by
the
department.
26
16.
17.
“Plan
administrator”
means
the
employer
or
sponsor
27
that
offers
the
health
benefit
plan
or
the
person
to
whom
the
28
duty
of
plan
administrator
is
delegated
by
the
employer
or
29
sponsor
offering
the
health
benefit
plan,
by
written
agreement
30
of
the
parties.
“Plan
administrator”
does
not
include
a
31
provider
of
public
coverage.
32
17.
18.
“Primary
care
provider”
means
a
physician
who
33
provides
primary
care
who
is
a
family
or
general
practitioner,
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a
pediatrician,
an
internist,
an
obstetrician,
or
a
35
gynecologist;
an
advanced
registered
nurse
practitioner;
or
a
1
physician
assistant.
2
18.
19.
“Public
coverage”
means
health
care
benefits
3
provided
by
any
form
of
federal
or
state
medical
assistance,
4
including
but
not
limited
to
benefits
provided
under
chapter
5
249A
or
514I
,
or
under
comparable
laws
of
another
state,
6
foreign
country,
or
Indian
nation
or
tribe.
7
19.
“Unit”
or
“child
support
recovery
unit”
means
unit
as
8
defined
in
section
252B.1
.
9
Sec.
897.
Section
252E.1A,
subsection
1,
Code
2023,
is
10
amended
to
read
as
follows:
11
1.
This
section
shall
apply
to
all
initial
or
modified
12
orders
for
support
entered
under
chapter
234
,
252A
,
252C
,
252F
,
13
252H
,
598
,
600B
,
or
any
other
applicable
chapter.
If
an
action
14
to
establish
or
modify
an
order
for
support
is
initiated
by
the
15
child
support
recovery
unit
services
,
section
252E.1B
shall
16
also
apply.
17
Sec.
898.
Section
252E.1B,
Code
2023,
is
amended
to
read
as
18
follows:
19
252E.1B
Establishing
and
modifying
orders
for
medical
support
20
——
actions
initiated
by
child
support
recovery
unit
services
.
21
1.
If
the
child
support
recovery
unit
services
is
initiating
22
an
action
to
establish
or
modify
support,
this
section
shall
23
apply
in
addition
to
the
provisions
of
section
252E.1A
.
24
2.
The
unit
Child
support
services
shall
apply
the
following
25
order
of
priority
when
the
unit
child
support
services
enters
26
or
seeks
an
order
for
medical
support:
27
a.
If
the
custodial
parent
is
currently
providing
coverage
28
for
the
child
under
a
health
benefit
plan
other
than
public
29
coverage,
and
the
plan
is
available
as
described
in
section
30
252E.1A,
subsection
3
,
the
unit
child
support
services
shall
31
enter
or
seek
an
order
for
the
custodial
parent
to
provide
32
coverage.
33
b.
If
the
noncustodial
parent
is
currently
providing
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coverage
for
the
child
under
a
health
benefit
plan
other
than
35
public
coverage,
and
the
plan
is
available
as
described
in
1
section
252E.1A,
subsection
3
,
the
unit
child
support
services
2
shall
enter
or
seek
an
order
for
the
noncustodial
parent
to
3
provide
coverage.
4
c.
If
a
health
benefit
plan
other
than
public
coverage
is
5
available
as
described
in
section
252E.1A,
subsection
3
,
to
the
6
custodial
parent,
the
unit
child
support
services
shall
enter
7
or
seek
an
order
for
the
custodial
parent
to
provide
coverage.
8
d.
If
a
health
benefit
plan
other
than
public
coverage
is
9
available
as
described
in
section
252E.1A,
subsection
3
,
to
10
the
noncustodial
parent,
the
unit
child
support
services
shall
11
enter
or
seek
an
order
for
the
noncustodial
parent
to
provide
12
coverage.
13
e.
If
a
health
benefit
plan
other
than
public
coverage
14
is
not
available
to
either
parent,
and
the
custodial
parent
15
has
public
coverage
for
the
child,
the
unit
child
support
16
services
shall
enter
or
seek
an
order
for
the
custodial
parent
17
to
provide
health
care
coverage
and
shall
enter
or
seek
an
18
order
for
the
noncustodial
parent
to
pay
cash
medical
support.
19
However,
if
any
of
the
circumstances
described
in
section
20
252E.1A,
subsection
4
,
paragraph
“a”
,
“b”
,
or
“c”
is
met,
the
21
unit
child
support
services
shall
enter
or
seek
an
order
as
22
specified
by
the
applicable
paragraph.
23
3.
Notwithstanding
subsection
2
,
if
there
is
an
order
for
24
joint
physical
care
for
the
child
and
the
parties
subject
to
25
the
support
order,
the
unit
child
support
services
shall
apply
26
the
following
order
of
priority
when
the
unit
child
support
27
services
enters
or
seeks
an
order
for
medical
support:
28
a.
If
only
one
parent
is
currently
providing
coverage
29
for
the
child
under
a
health
benefit
plan
other
than
public
30
coverage,
and
the
plan
is
available
as
described
in
section
31
252E.1A,
subsection
3
,
the
unit
child
support
services
shall
32
enter
or
seek
an
order
for
that
parent
to
provide
coverage.
33
b.
If
both
parents
are
currently
providing
coverage
for
the
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child
under
a
health
benefit
plan
other
than
public
coverage,
35
and
both
plans
are
available
as
described
in
section
252E.1A,
1
subsection
3
,
the
unit
child
support
services
shall
enter
or
2
seek
an
order
for
both
parents
to
provide
coverage.
3
c.
If
neither
parent
is
currently
providing
coverage
4
for
the
child
under
a
health
benefit
plan
other
than
public
5
coverage,
and
a
health
benefit
plan
other
than
public
coverage
6
is
available
as
described
in
section
252E.1A,
subsection
3
,
to
7
one
parent,
the
unit
child
support
services
shall
enter
or
seek
8
an
order
for
that
parent
to
provide
coverage.
9
d.
If
neither
parent
is
currently
providing
coverage
10
for
the
child
under
a
health
benefit
plan
other
than
public
11
coverage,
and
a
health
benefit
plan
other
than
public
coverage
12
is
available
as
described
in
section
252E.1A,
subsection
3
,
to
13
both
parents,
the
unit
child
support
services
shall
enter
or
14
seek
an
order
for
both
parents
to
provide
coverage.
15
e.
If
a
health
benefit
plan
other
than
public
coverage
16
is
not
available
to
either
parent
and
one
parent
has
public
17
coverage
for
the
child,
the
unit
child
support
services
shall
18
enter
or
seek
an
order
for
that
parent
to
provide
health
care
19
coverage.
20
4.
The
child
Child
support
recovery
unit
services
or
the
21
court
shall
not
order
any
modification
to
an
existing
medical
22
support
order
in
a
proceeding
conducted
solely
pursuant
to
23
chapter
252H,
subchapter
IV
.
24
Sec.
899.
Section
252E.2,
subsection
2,
paragraph
a,
Code
25
2023,
is
amended
to
read
as
follows:
26
a.
The
name
and
the
last
known
mailing
address
of
the
27
participant
and
the
name
and
mailing
address
of
each
child
28
covered
by
the
order
except
that,
to
the
extent
provided
in
29
the
order,
the
name
and
mailing
address
of
an
official
of
the
30
department
may
be
substituted
for
the
mailing
address
of
the
31
child.
32
Sec.
900.
Section
252E.2A,
Code
2023,
is
amended
to
read
as
33
follows:
34
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252E.2A
Satisfaction
of
medical
support
order.
35
This
section
shall
apply
if
the
child
support
recovery
unit
1
services
is
providing
services
under
chapter
252B
.
2
1.
Notwithstanding
any
law
to
the
contrary
and
without
3
a
court
order,
a
medical
support
order
for
a
child
shall
be
4
deemed
satisfied
with
regard
to
the
department,
the
child,
the
5
obligor,
and
the
obligee
for
the
period
during
which
all
of
the
6
following
conditions
are
met:
7
a.
The
order
is
issued
under
any
applicable
chapter
of
the
8
Code.
9
b.
The
unit
Child
support
services
is
notified
that
the
10
conditions
of
paragraph
“c”
are
met
and
the
parent
ordered
to
11
provide
medical
support
submits
a
written
statement
to
the
unit
12
child
support
services
that
the
requirements
of
paragraph
“c”
13
are
met.
14
c.
The
parent
ordered
to
provide
medical
support
meets
at
15
least
one
of
the
following
conditions:
16
(1)
The
parent
is
an
inmate
of
an
institution
under
the
17
control
of
the
department
of
corrections
or
a
comparable
18
institution
in
another
state.
19
(2)
The
parent’s
monthly
child
support
obligation
under
20
the
guidelines
established
pursuant
to
section
598.21B
is
the
21
minimum
obligation
amount.
22
(3)
The
parent
is
a
recipient
of
assistance
under
chapter
23
239B
or
249A
,
or
under
comparable
laws
of
another
state.
24
(4)
The
parent
is
residing
with
any
child
for
whom
the
25
parent
is
legally
responsible
and
that
child
is
a
recipient
26
of
assistance
under
chapter
239B
,
249A
,
or
514I
,
or
under
27
comparable
laws
of
another
state.
For
purposes
of
this
28
subparagraph,
“legally
responsible”
means
the
parent
has
a
legal
29
obligation
to
the
child
as
specified
in
Iowa
court
rule
9.7
of
30
the
child
support
guidelines.
31
d.
The
unit
Child
support
services
files
a
notice
of
32
satisfaction
with
the
clerk
of
the
district
court.
The
33
effective
date
of
the
satisfaction
shall
be
stated
in
the
34
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notice
and
the
effective
date
shall
be
no
later
than
forty-five
35
days
after
the
unit
child
support
services
issues
the
notice
of
1
satisfaction.
2
2.
If
a
medical
support
order
is
satisfied
under
subsection
3
1
,
the
satisfaction
shall
continue
until
all
of
the
following
4
apply:
5
a.
The
unit
Child
support
services
is
notified
that
none
of
6
the
conditions
specified
in
subsection
1
,
paragraph
“c”
,
still
7
applies.
8
b.
The
unit
Child
support
services
files
a
satisfaction
9
termination
notice
that
the
requirements
for
a
satisfaction
10
under
this
section
no
longer
apply.
The
effective
date
shall
11
be
stated
in
the
satisfaction
termination
notice
and
the
12
effective
date
shall
be
no
later
than
forty-five
days
after
the
13
unit
child
support
services
issues
the
satisfaction
termination
14
notice.
15
3.
The
unit
Child
support
services
shall
mail
a
copy
of
the
16
notice
of
satisfaction
and
the
satisfaction
termination
notice
17
to
the
last
known
address
of
the
obligor
and
obligee.
18
4.
The
department
of
human
services
may
match
data
for
19
enrollees
of
the
hawk-i
Hawki
program
created
pursuant
to
20
chapter
514I
with
data
of
the
unit
child
support
services
to
21
assist
the
unit
child
support
services
in
implementing
this
22
section
.
23
5.
An
order,
decree,
or
judgment
entered
or
pending
on
or
24
before
July
1,
2009,
that
provides
for
the
support
of
a
child
25
may
be
satisfied
as
provided
in
this
section
.
26
Sec.
901.
Section
252E.4,
subsection
1,
Code
2023,
is
27
amended
to
read
as
follows:
28
1.
When
a
support
order
requires
an
obligor
to
provide
29
coverage
under
a
health
benefit
plan
other
than
public
30
coverage,
the
district
court
or
the
department
may
enter
an
31
ex
parte
order
directing
an
employer
to
take
all
actions
32
necessary
to
enroll
an
obligor’s
dependent
for
coverage
under
33
a
health
benefit
plan
or
may
include
the
provisions
in
an
ex
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parte
income
withholding
order
or
notice
of
income
withholding
35
pursuant
to
chapter
252D
.
The
child
Child
support
recovery
1
unit
services
,
where
appropriate,
shall
issue
a
national
2
medical
support
notice
to
an
employer
within
two
business
days
3
after
the
date
information
regarding
a
newly
hired
employee
is
4
entered
into
the
centralized
employee
registry
and
matched
with
5
a
noncustodial
parent
in
the
case
being
enforced
by
the
unit
6
child
support
services
,
or
upon
receipt
of
other
employment
7
information
for
such
parent.
The
department
may
amend
the
8
information
in
the
ex
parte
order
or
may
amend
or
terminate
9
the
national
medical
support
notice
regarding
health
insurance
10
provisions
if
necessary
to
comply
with
health
insurance
11
requirements
including
but
not
limited
to
the
provisions
of
12
section
252E.2,
subsection
2
,
or
to
correct
a
mistake
of
fact.
13
Sec.
902.
Section
252E.5,
subsection
8,
paragraph
g,
14
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
15
(3)
If
the
obligor
is
not
enrolled
in
a
health
benefit
16
plan
or
is
not
enrolled
in
a
health
benefit
plan
that
offers
17
dependent
coverage,
if
more
than
one
plan
with
dependent
18
coverage
is
offered
by
the
employer,
and
if
the
notice
is
19
issued
by
the
child
support
recovery
unit
services
,
all
of
the
20
following
shall
apply:
21
(a)
If
only
one
of
the
plans
is
accessible
to
the
dependent,
22
that
plan
shall
be
selected.
If
none
of
the
plans
with
23
dependent
coverage
is
accessible
to
the
dependent,
the
unit
24
child
support
services
shall
amend
or
terminate
the
notice.
25
(b)
If
more
than
one
of
the
plans
is
accessible
to
the
26
dependent,
the
plan
selected
shall
be
the
plan
that
provides
27
basic
coverage
for
which
the
employee’s
share
of
the
premium
28
is
lowest.
29
(c)
If
more
than
one
of
the
plans
is
accessible
to
the
30
dependent
but
none
of
the
accessible
plans
provides
basic
31
coverage,
the
plan
selected
shall
be
a
plan
that
is
accessible
32
and
for
which
the
employee’s
share
of
the
premium
is
lowest.
33
(d)
If
the
employee’s
share
of
the
premiums
is
the
same
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under
all
plans
described
in
subparagraph
(b)
or
(c),
the
35
unit
child
support
services
shall
attempt
to
consult
with
the
1
obligee
when
selecting
the
plan.
If
the
obligee
does
not
2
respond
within
ten
days
of
the
unit’s
child
support
services’
3
attempt,
the
unit
child
support
services
shall
select
a
plan
4
which
shall
be
the
plan’s
default
option,
if
any,
or
the
plan
5
with
the
lowest
deductibles
and
copayment
requirements.
6
Sec.
903.
Section
252E.5,
subsection
8,
paragraph
h,
7
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
8
(2)
If
the
dependent
is
or
is
to
be
enrolled,
notify
the
9
obligor,
the
obligee,
and
the
child
and
furnish
the
obligee
10
with
necessary
information.
Provide
the
child
support
recovery
11
unit
services
with
the
type
of
health
benefit
plan
under
which
12
the
dependent
has
been
enrolled,
including
whether
dental,
13
optical,
office
visits,
and
prescription
drugs
are
covered
14
services.
15
Sec.
904.
Section
252E.6A,
subsections
1
and
3,
Code
2023,
16
are
amended
to
read
as
follows:
17
1.
An
obligor
may
move
to
quash
the
order
to
the
employer
18
under
section
252E.4
by
following
the
same
procedures
and
19
alleging
a
mistake
of
a
fact
as
provided
in
section
252D.31
20
or
as
provided
in
subsection
2
.
If
the
unit
child
support
21
services
is
enforcing
an
income
withholding
order
and
a
medical
22
support
order
simultaneously,
any
challenge
to
the
income
23
withholding
order
and
medical
support
enforcement
shall
be
24
filed
and
heard
simultaneously.
25
3.
The
employer
shall
comply
with
the
requirements
of
this
26
chapter
until
the
employer
receives
notice
that
a
motion
to
27
quash
has
been
granted,
or
that
the
unit
child
support
services
28
has
amended
or
terminated
the
national
medical
support
notice.
29
Sec.
905.
Section
252F.1,
Code
2023,
is
amended
to
read
as
30
follows:
31
252F.1
Definitions.
32
As
used
in
this
chapter
unless
the
context
otherwise
33
requires:
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1.
“Administrator”
means
the
administrator
of
the
child
35
support
recovery
unit
of
the
department
of
human
services
or
1
the
administrator’s
designee.
2
2.
1.
“Child”
means
a
person
who
is
less
than
age
eighteen
3
or
a
person
who
is
age
eighteen
but
less
than
age
nineteen
4
and
is
engaged
full-time
in
completing
high
school
graduation
5
or
equivalency
requirements
in
a
manner
which
is
reasonably
6
expected
to
result
in
completion
of
the
requirements
prior
to
7
the
person
reaching
age
nineteen.
8
2.
“Child
support
services”
means
the
same
as
child
support
9
services
created
in
section
252B.2.
10
3.
“Department”
means
the
department
of
health
and
human
11
services.
12
4.
“Director”
means
the
director
of
health
and
human
13
services.
14
3.
5.
“Mother”
means
a
mother
of
the
child
for
whom
15
paternity
is
being
established.
16
4.
6.
“Party”
means
a
putative
father
or
a
mother,
as
named
17
in
an
action.
18
5.
7.
“Paternity
is
at
issue”
means
any
of
the
following
19
conditions:
20
a.
A
child
was
not
born
or
conceived
within
marriage.
21
b.
A
child
was
born
or
conceived
within
marriage
but
a
court
22
has
declared
that
the
child
is
not
the
issue
of
the
marriage.
23
6.
8.
“Paternity
test”
means
and
includes
any
form
of
24
blood,
tissue,
or
genetic
testing
administered
to
determine
the
25
biological
father
of
a
child.
26
7.
9.
“Putative
father”
means
a
person
alleged
to
be
the
27
biological
father
of
a
child.
28
8.
“Unit”
means
the
child
support
recovery
unit
created
in
29
section
252B.2
.
30
Sec.
906.
Section
252F.2,
Code
2023,
is
amended
to
read
as
31
follows:
32
252F.2
Jurisdiction.
33
1.
In
any
case
in
which
the
unit
child
support
services
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is
providing
services
pursuant
to
chapter
252B
and
paternity
35
is
at
issue,
proceedings
may
be
initiated
by
the
unit
child
1
support
services
pursuant
to
this
chapter
for
the
sole
purpose
2
of
establishing
paternity
and
any
accrued
or
accruing
child
3
support
or
medical
support
obligations.
Proceedings
under
4
this
chapter
are
in
addition
to
other
means
of
establishing
5
paternity
or
support.
Issues
in
addition
to
establishment
of
6
paternity
or
support
obligations
shall
not
be
addressed
in
7
proceedings
initiated
under
this
chapter
.
8
2.
An
action
to
establish
paternity
and
support
under
this
9
chapter
may
be
brought
within
the
time
limitations
set
forth
10
in
section
614.8
.
11
Sec.
907.
Section
252F.3,
Code
2023,
is
amended
to
read
as
12
follows:
13
252F.3
Notice
of
alleged
paternity
and
support
debt
——
14
conference
——
request
for
hearing.
15
1.
The
unit
Child
support
services
may
prepare
a
notice
16
of
alleged
paternity
and
support
debt
to
be
served
on
a
17
party
if
the
mother
of
the
child
or
a
government
official
18
with
knowledge
of
the
circumstances
of
possible
paternity
19
relying
on
government
records
provides
a
written
statement
20
to
the
department
of
human
services
certifying
in
accordance
21
with
section
622.1
that
the
putative
father
is
or
may
be
the
22
biological
father
of
the
child
or
children
involved.
The
23
notice
shall
be
accompanied
by
a
copy
of
the
statement
and
24
served
on
the
putative
father
in
accordance
25
with
rule
of
civilprocedure
1.305
.
Service
upon
the
mother
shall
not
constitute
valid
service
upon
the
putative
father.
The
notice
shall
27
include
or
be
accompanied
by
all
of
the
following:
28
a.
The
name
of
the
recipient
of
services
under
chapter
252B
29
and
the
name
and
birth
date
of
the
child
or
children
involved.
30
b.
A
statement
that
the
putative
father
has
been
named
as
31
the
biological
father
of
the
child
or
children
named.
32
c.
A
statement
that
if
paternity
is
established,
the
33
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amount
of
the
putative
father’s
monthly
support
obligation
34
and
the
amount
of
the
support
debt
accrued
and
accruing
will
35
be
established
in
accordance
with
the
guidelines
established
1
in
section
598.21B
,
and
the
criteria
established
pursuant
to
2
section
252B.7A
.
3
d.
A
statement
that
if
paternity
is
established,
a
party
has
4
a
duty
to
provide
accrued
and
accruing
medical
support
to
the
5
child
or
children
in
accordance
with
chapter
252E
.
6
e.
A
written
explanation
of
the
procedures
for
determining
7
the
child
support
obligation
and
a
request
for
financial
or
8
income
information
as
necessary
for
application
of
the
child
9
support
guidelines
established
pursuant
to
section
598.21B
.
10
f.
(1)
The
right
of
a
party
to
request
a
conference
11
with
the
unit
child
support
services
to
discuss
paternity
12
establishment
and
the
amount
of
support
that
a
party
may
be
13
required
to
provide,
within
ten
days
of
the
date
of
service
of
14
the
original
notice
or,
if
paternity
is
contested
and
paternity
15
testing
is
conducted,
within
ten
days
of
the
date
the
paternity
16
test
results
are
issued
or
mailed
to
a
party
by
the
unit
child
17
support
services
.
18
(2)
A
statement
that
if
a
conference
is
requested,
a
party
19
shall
have
one
of
the
following
time
frames,
whichever
is
the
20
latest,
to
send
a
written
request
for
a
court
hearing
on
the
21
issue
of
support
to
the
unit
child
support
services
:
22
(a)
Ten
days
from
the
date
set
for
the
conference.
23
(b)
Twenty
days
from
the
date
of
service
of
the
original
24
notice.
25
(c)
If
paternity
was
contested
and
paternity
testing
26
was
conducted,
and
a
party
does
not
deny
paternity
after
the
27
testing
or
challenge
the
paternity
test
results,
twenty
days
28
from
the
date
paternity
test
results
are
issued
or
mailed
by
29
the
unit
child
support
services
to
the
party.
30
(3)
A
statement
that
after
the
holding
of
the
conference,
31
the
unit
child
support
services
shall
issue
a
new
notice
of
32
alleged
paternity
and
finding
of
financial
responsibility
for
33
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child
support
or
medical
support,
or
both,
to
be
provided
in
34
person
to
each
party
or
sent
to
each
party
by
regular
mail
35
addressed
to
the
party’s
last
known
address
or,
if
applicable,
1
to
the
last
known
address
of
the
party’s
attorney.
2
(4)
A
statement
that
if
the
unit
child
support
services
3
issues
a
new
notice
of
alleged
paternity
and
finding
of
4
financial
responsibility
for
child
support
or
medical
support,
5
or
both,
a
party
shall
have
one
of
the
following
time
frames,
6
whichever
is
the
latest,
to
send
a
written
request
for
a
court
7
hearing
on
the
issue
of
support
to
the
unit
child
support
8
services
:
9
(a)
Ten
days
from
the
date
of
issuance
of
the
new
notice.
10
(b)
Twenty
days
from
the
date
of
service
of
the
original
11
notice.
12
(c)
If
paternity
was
contested
and
paternity
testing
13
conducted,
and
a
party
does
not
deny
paternity
after
the
14
testing
or
challenge
the
paternity
test
results,
twenty
days
15
from
the
date
the
paternity
test
results
are
issued
or
mailed
16
to
the
party
by
the
unit
child
support
services
.
17
g.
A
statement
that
if
a
conference
is
not
requested,
and
18
a
party
does
not
deny
paternity
or
challenge
the
results
of
19
any
paternity
testing
conducted
but
objects
to
the
finding
20
of
financial
responsibility
or
the
amount
of
child
support
21
or
medical
support,
or
both,
the
party
shall
send
a
written
22
request
for
a
court
hearing
on
the
issue
of
support
to
the
23
unit
child
support
services
within
twenty
days
of
the
date
of
24
service
of
the
original
notice,
or,
if
paternity
was
contested
25
and
paternity
testing
conducted,
and
a
party
does
not
deny
26
paternity
after
the
testing
or
challenge
the
paternity
test
27
results,
within
twenty
days
from
the
date
the
paternity
test
28
results
are
issued
or
mailed
to
the
party
by
the
unit
child
29
support
services
,
whichever
is
later.
30
h.
A
statement
that
if
a
timely
written
request
for
a
31
hearing
on
the
issue
of
support
is
received
by
the
unit
32
child
support
services
,
the
party
shall
have
the
right
to
a
33
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hearing
to
be
held
in
district
court
and
that
if
no
timely
34
written
request
is
received
and
paternity
is
not
contested,
35
the
administrator
department
shall
enter
an
order
establishing
1
the
putative
father
as
the
father
of
the
child
or
children
and
2
establishing
child
support
or
medical
support,
or
both,
in
3
accordance
with
the
notice
of
alleged
paternity
and
support
4
debt.
5
i.
A
written
explanation
of
the
rights
and
responsibilities
6
associated
with
the
establishment
of
paternity.
7
j.
A
written
explanation
of
a
party’s
right
to
deny
8
paternity,
the
procedures
for
denying
paternity,
and
the
9
consequences
of
the
denial.
10
k.
A
statement
that
if
a
party
contests
paternity,
the
party
11
shall
have
twenty
days
from
the
date
of
service
of
the
original
12
notice
to
submit
a
written
denial
of
paternity
to
the
unit
13
child
support
services
.
14
l.
A
statement
that
if
paternity
is
contested,
the
unit
15
child
support
services
shall,
at
the
request
of
the
party
16
contesting
paternity
or
on
its
own
initiative,
enter
an
17
administrative
order
requiring
the
putative
father,
mother,
and
18
child
or
children
involved,
to
submit
to
paternity
testing.
19
m.
A
statement
that
if
paternity
tests
are
conducted,
the
20
unit
child
support
services
shall
provide
a
copy
of
the
test
21
results
to
each
party
in
person
or
send
a
copy
to
each
party
22
by
regular
mail,
addressed
to
the
party’s
last
known
address,
23
or,
if
applicable,
to
the
last
known
address
of
the
party’s
24
attorney.
25
n.
A
statement
setting
forth
the
time
frames
for
contesting
26
paternity
after
paternity
tests
are
conducted.
27
o.
Other
information
as
the
unit
child
support
services
28
finds
appropriate.
29
2.
The
time
limitations
established
for
the
notice
30
provisions
under
subsection
1
are
binding
unless
otherwise
31
specified
in
this
chapter
or
waived
pursuant
to
section
252F.8
.
32
3.
a.
If
notice
is
served
on
a
party,
the
unit
child
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support
services
shall
file
a
true
copy
of
the
notice
and
the
34
original
return
of
service
with
the
appropriate
clerk
of
the
35
district
court
as
follows:
1
(1)
In
the
county
in
which
the
child
or
children
reside
if
2
the
action
is
for
purposes
of
establishing
paternity
and
future
3
child
or
medical
support,
or
both.
4
(2)
In
the
county
in
which
the
child
or
children
involved
5
last
received
public
assistance
benefits
in
the
state,
if
6
the
action
is
for
purposes
of
establishing
paternity
and
7
child
or
medical
support,
or
both,
only
for
prior
periods
of
8
time
when
the
child
or
children
received
public
assistance,
9
and
no
ongoing
child
or
medical
support
obligation
is
to
be
10
established
by
this
action.
11
(3)
If
the
action
is
the
result
of
a
request
from
another
12
state
or
foreign
country
to
establish
paternity
of
a
putative
13
father
located
in
Iowa,
in
the
county
in
which
the
putative
14
father
resides.
15
b.
All
subsequent
documents
filed
or
court
hearings
held
16
related
to
the
action
shall
be
in
the
district
court
in
the
17
county
in
which
notice
was
filed
pursuant
to
this
subsection
.
18
The
clerk
shall
file
and
docket
the
action.
19
4.
A
party
or
the
child
support
recovery
unit
services
may
20
request
a
court
hearing
regarding
establishment
of
paternity
or
21
a
determination
of
support,
or
both.
22
a.
Upon
receipt
of
a
timely
written
response
requesting
23
a
hearing
or
on
its
own
initiative,
the
unit
child
support
24
services
shall
certify
the
matter
for
hearing
in
the
district
25
court
in
the
county
where
the
original
notice
of
alleged
26
paternity
and
support
debt
is
filed,
in
accordance
with
section
27
252F.5
.
28
b.
If
paternity
establishment
was
contested
and
paternity
29
tests
conducted,
a
court
hearing
on
the
issue
of
paternity
30
shall
be
held
no
earlier
than
thirty
days
from
the
date
31
paternity
test
results
are
issued
to
all
parties
by
the
unit
32
child
support
services
,
unless
the
parties
mutually
agree
to
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waive
the
time
frame
pursuant
to
section
252F.8
.
34
c.
Any
objection
to
the
results
of
paternity
tests
shall
be
35
filed
no
later
than
twenty
days
after
the
date
paternity
test
1
results
are
issued
or
mailed
to
each
party
by
the
unit
child
2
support
services
.
Any
objection
to
paternity
test
results
3
filed
by
a
party
more
than
twenty
days
after
the
date
paternity
4
tests
are
issued
or
mailed
to
the
party
by
the
unit
child
5
support
services
shall
not
be
accepted
or
considered
by
the
6
court.
7
5.
If
a
timely
written
response
and
request
for
a
court
8
hearing
is
not
received
by
the
unit
child
support
services
and
9
a
party
does
not
deny
paternity,
the
administrator
department
10
shall
enter
an
order
in
accordance
with
section
252F.4
.
11
6.
a.
If
a
party
contests
the
establishment
of
paternity,
12
the
party
shall
submit,
within
twenty
days
of
service
of
the
13
notice
on
the
party
under
subsection
1
,
a
written
statement
14
contesting
paternity
establishment
to
the
unit
child
support
15
services
.
Upon
receipt
of
a
written
challenge
of
paternity
16
establishment,
or
upon
initiation
by
the
unit
child
support
17
services
,
the
administrator
department
shall
enter
ex
parte
18
administrative
orders
requiring
the
mother,
child
or
children
19
involved,
and
the
putative
father
to
submit
to
paternity
20
testing,
except
that
if
the
mother
and
child
or
children
21
previously
submitted
blood
or
genetic
specimens
in
a
prior
22
action
to
establish
paternity
against
a
different
putative
23
father,
the
previously
submitted
specimens
and
prior
results,
24
if
available,
may
be
utilized
for
testing
in
this
action.
25
Either
the
mother
or
putative
father
may
contest
paternity
26
under
this
chapter
.
27
b.
The
orders
shall
be
filed
with
the
clerk
of
the
district
28
court
in
the
county
where
the
notice
was
filed
and
have
the
29
same
force
and
effect
as
a
court
order
for
paternity
testing.
30
c.
The
unit
Child
support
services
shall
issue
copies
of
the
31
respective
administrative
orders
for
paternity
testing
to
the
32
mother
and
putative
father
in
person,
or
by
regular
mail
to
the
33
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last
known
address
of
each,
or
if
applicable,
to
the
last
known
34
address
of
the
attorney
for
each.
35
d.
If
a
paternity
test
is
ordered
under
this
section
,
1
the
administrator
department
shall
direct
that
inherited
2
characteristics
be
analyzed
and
interpreted,
and
shall
appoint
3
an
expert
qualified
as
an
examiner
of
genetic
markers
to
4
analyze
and
interpret
the
results.
The
test
shall
be
of
a
type
5
generally
acknowledged
as
reliable
by
accreditation
entities
6
designated
by
the
secretary
of
the
United
States
department
7
of
health
and
human
services
and
shall
be
performed
by
a
8
laboratory
approved
by
an
accreditation
entity.
9
e.
The
party
contesting
paternity
shall
be
provided
one
10
opportunity
to
reschedule
the
paternity
testing
appointment
if
11
the
testing
is
rescheduled
prior
to
the
date
of
the
originally
12
scheduled
appointment.
13
f.
An
original
copy
of
the
test
results
shall
be
filed
with
14
the
clerk
of
the
district
court
in
the
county
where
the
notice
15
was
filed.
The
child
Child
support
recovery
unit
services
16
shall
issue
a
copy
of
the
filed
test
results
to
each
party
in
17
person,
or
by
regular
mail
to
the
last
known
address
of
each,
18
or
if
applicable,
to
the
last
known
address
of
the
attorney
19
for
each.
However,
if
the
action
is
the
result
of
a
request
20
from
another
state
or
foreign
country,
the
unit
child
support
21
services
shall
issue
a
copy
of
the
results
to
the
initiating
22
agency
in
that
jurisdiction.
23
g.
Verified
documentation
of
the
chain
of
custody
of
the
24
blood
or
genetic
specimens
is
competent
evidence
to
establish
25
the
chain
of
custody.
The
testimony
of
the
appointed
expert
is
26
not
required.
A
verified
expert’s
report
of
test
results
which
27
indicate
a
statistical
probability
of
paternity
is
sufficient
28
authenticity
of
the
expert’s
conclusion.
29
h.
A
verified
expert’s
report
shall
be
admitted
as
evidence
30
to
establish
administrative
paternity,
and,
if
a
court
hearing
31
is
scheduled
to
resolve
the
issue
of
paternity,
shall
be
32
admitted
as
evidence
and
is
admissible
at
trial.
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i.
If
the
verified
expert
concludes
that
the
test
results
34
show
that
the
putative
father
is
not
excluded
and
that
the
35
probability
of
the
putative
father’s
paternity
is
ninety-five
1
percent
or
higher,
there
shall
be
a
rebuttable
presumption
that
2
the
putative
father
is
the
biological
father,
and
the
evidence
3
shall
be
sufficient
as
a
basis
for
administrative
establishment
4
of
paternity.
5
(1)
In
order
to
challenge
the
presumption
of
paternity,
a
6
party
shall
file
a
written
notice
of
the
challenge
with
the
7
district
court
within
twenty
days
from
the
date
the
paternity
8
test
results
are
issued
or
mailed
to
all
parties
by
the
unit
9
child
support
services
.
Any
challenge
to
a
presumption
of
10
paternity
resulting
from
paternity
tests,
or
to
paternity
test
11
results
filed
after
the
lapse
of
the
twenty-day
time
frame
12
shall
not
be
accepted
or
admissible
by
the
unit
child
support
13
services
or
the
court.
14
(2)
A
copy
of
the
notice
challenging
the
presumption
of
15
paternity
shall
be
provided
to
any
other
party
in
person,
or
16
by
mailing
the
notice
to
the
last
known
address
of
each
party,
17
or
if
applicable,
to
the
last
known
address
of
each
party’s
18
attorney.
19
(3)
The
party
challenging
the
presumption
of
paternity
20
has
the
burden
of
proving
that
the
putative
father
is
not
the
21
father
of
the
child.
22
(4)
The
presumption
of
paternity
may
be
rebutted
only
by
23
clear
and
convincing
evidence.
24
j.
If
the
verified
expert
concludes
that
the
test
results
25
indicate
that
the
putative
father
is
not
excluded
and
that
26
the
probability
of
the
putative
father’s
paternity
is
less
27
than
ninety-five
percent,
the
administrator
department
shall
28
order
a
subsequent
administrative
paternity
test
or
certify
the
29
case
to
the
district
court
for
resolution
in
accordance
with
30
the
procedures
and
time
frames
specified
in
paragraph
“i”
and
31
section
252F.5
.
32
k.
If
the
results
of
the
test
or
the
verified
expert’s
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analysis
are
timely
challenged
as
provided
in
this
subsection
,
34
the
administrator
department
,
upon
the
request
of
a
party
35
and
advance
payment
by
the
contestant
or
upon
the
unit’s
own
1
initiative
of
child
support
services
,
shall
order
that
an
2
additional
test
be
performed
by
the
same
laboratory
or
an
3
independent
laboratory.
If
the
party
requesting
additional
4
testing
does
not
advance
payment,
the
administrator
department
5
shall
certify
the
case
to
the
district
court
in
accordance
with
6
paragraph
“i”
and
section
252F.5
.
7
l.
When
a
subsequent
paternity
test
is
conducted,
the
time
8
frames
in
this
chapter
associated
with
paternity
tests
shall
9
apply
to
the
most
recently
completed
test.
10
m.
If
the
paternity
test
results
exclude
the
putative
father
11
as
a
potential
biological
father
of
the
child
or
children,
12
and
additional
tests
are
not
requested
by
either
party
or
13
conducted
on
the
unit’s
initiative
of
child
support
services
,
14
or
if
additional
tests
exclude
the
putative
father
as
a
15
potential
biological
father,
the
unit
child
support
services
16
shall
withdraw
its
action
against
the
putative
father
and
17
shall
file
a
notice
of
the
withdrawal
with
the
clerk
of
the
18
district
court,
and
shall
provide
a
copy
of
the
notice
to
each
19
party
in
person,
or
by
regular
mail
sent
to
each
party’s
last
20
known
address,
or
if
applicable,
the
last
known
address
of
the
21
party’s
attorney.
22
n.
Except
as
provided
in
paragraph
“k”
,
the
unit
child
23
support
services
shall
advance
the
costs
of
genetic
testing.
24
If
paternity
is
established
and
paternity
testing
was
25
conducted,
the
unit
child
support
services
shall
enter
an
order
26
or,
if
the
action
proceeded
to
a
court
hearing,
request
that
27
the
court
enter
a
judgment
for
the
costs
of
the
paternity
tests
28
consistent
with
applicable
federal
law.
In
a
proceeding
under
29
this
chapter
,
a
copy
of
a
bill
for
genetic
testing
shall
be
30
admitted
as
evidence
without
requiring
third-party
foundation
31
testimony
and
shall
constitute
prima
facie
evidence
of
the
32
amount
incurred
for
genetic
testing.
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Sec.
908.
Section
252F.4,
Code
2023,
is
amended
to
read
as
34
follows:
35
252F.4
Entry
of
order.
1
1.
If
each
party
fails
to
respond
to
the
initial
notice
2
within
twenty
days
after
the
date
of
service
of
the
notice
or
3
fails
to
appear
at
a
conference
pursuant
to
section
252F.3
on
4
the
scheduled
date
of
the
conference,
and
paternity
has
not
5
been
contested
and
each
party
fails
to
timely
request
a
court
6
hearing
on
the
issue
of
support,
the
administrator
department
7
shall
enter
an
order
against
the
parties,
declaring
the
8
putative
father
to
be
the
legal
father
of
the
child
or
children
9
involved
and
assessing
any
accrued
and
accruing
child
support
10
obligation
pursuant
to
the
guidelines
established
under
section
11
598.21B
,
and
medical
support
pursuant
to
chapter
252E
.
12
2.
If
paternity
is
contested
pursuant
to
section
252F.3,
13
subsection
6
,
and
the
party
contesting
paternity
fails
to
14
appear
for
a
paternity
test
and
fails
to
request
a
rescheduling
15
pursuant
to
section
252F.3
,
or
fails
to
appear
for
both
the
16
initial
and
the
rescheduled
paternity
tests
and
each
party
17
fails
to
timely
request
a
court
hearing
on
the
issue
of
18
support,
the
administrator
department
shall
enter
an
order
19
against
the
parties
declaring
the
putative
father
to
be
the
20
legal
father
of
the
child
or
children
involved
and
assessing
21
any
accrued
and
accruing
child
support
obligation
pursuant
to
22
the
guidelines
established
under
section
598.21B
,
and
medical
23
support
pursuant
to
chapter
252E
.
24
3.
If
a
conference
pursuant
to
section
252F.3
is
held,
25
and
paternity
is
not
contested,
and
each
party
fails
to
26
timely
request
a
court
hearing
on
the
issue
of
support,
the
27
administrator
department
shall
enter
an
order
against
the
28
parties
after
the
second
notice
has
been
sent
declaring
the
29
putative
father
to
be
the
legal
father
of
the
child
or
children
30
involved
and
assessing
any
accrued
and
accruing
child
support
31
obligation
pursuant
to
the
guidelines
established
under
section
32
598.21B
,
and
medical
support
pursuant
to
chapter
252E
.
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4.
If
paternity
was
contested
and
paternity
testing
was
34
performed
and
the
putative
father
was
not
excluded,
if
the
35
test
results
indicate
that
the
probability
of
the
putative
1
father’s
paternity
is
ninety-five
percent
or
greater,
if
the
2
test
results
are
not
timely
challenged,
and
if
each
party
fails
3
to
timely
request
a
court
hearing
on
the
issue
of
support,
4
the
administrator
department
shall
enter
an
order
against
the
5
parties
declaring
the
putative
father
to
be
the
legal
father
of
6
the
child
or
children
involved
and
assessing
any
accrued
and
7
accruing
child
support
obligation
pursuant
to
the
guidelines
8
established
under
section
598.21B
,
and
medical
support
pursuant
9
to
chapter
252E
.
10
5.
The
administrator
department
shall
establish
a
support
11
obligation
under
this
section
based
upon
the
best
information
12
available
to
the
unit
child
support
services
and
pursuant
to
13
section
252B.7A
.
14
6.
The
order
shall
contain
all
of
the
following:
15
a.
A
declaration
of
paternity.
16
b.
The
amount
of
monthly
support
to
be
paid,
with
direction
17
as
to
the
manner
of
payment.
18
c.
The
amount
of
accrued
support.
19
d.
The
name
of
the
custodial
parent
or
caretaker.
20
e.
The
name
and
birth
date
of
the
child
or
children
to
whom
21
the
order
applies.
22
f.
A
statement
that
property
of
a
party
ordered
to
provide
23
support
is
subject
to
income
withholding,
liens,
garnishment,
24
tax
offset,
and
other
collection
actions.
25
g.
The
medical
support
required
pursuant
to
chapter
598
and
26
chapter
252E
.
27
h.
A
statement
that
a
party
who
is
ordered
to
provide
28
support
is
required
to
inform
the
child
support
recovery
unit
29
services
,
on
a
continuing
basis,
of
the
name
and
address
of
30
the
party’s
current
employer,
whether
the
party
has
access
to
31
health
insurance
coverage
as
required
in
the
order,
and
if
so,
32
the
health
insurance
policy
information.
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i.
If
paternity
was
contested
by
the
putative
father,
the
34
amount
of
any
judgment
assessed
to
the
father
for
costs
of
35
paternity
tests
conducted
pursuant
to
this
chapter
.
1
j.
Statements
as
required
pursuant
to
section
598.22B
.
2
7.
If
paternity
is
not
contested
but
a
party
does
wish
3
to
challenge
the
issues
of
child
or
medical
support,
the
4
administrator
department
shall
enter
an
order
establishing
5
paternity
and
reserving
the
issues
of
child
or
medical
support
6
for
determination
by
the
district
court.
7
Sec.
909.
Section
252F.5,
Code
2023,
is
amended
to
read
as
8
follows:
9
252F.5
Certification
to
district
court.
10
1.
Actions
initiated
under
this
chapter
are
not
subject
11
to
contested
case
proceedings
or
further
review
pursuant
to
12
chapter
17A
.
13
2.
An
action
under
this
chapter
may
be
certified
to
14
the
district
court
if
a
party
timely
contests
paternity
15
establishment
or
paternity
test
results,
or
if
a
party
requests
16
a
court
hearing
on
the
issues
of
child
or
medical
support,
or
17
both,
or
upon
the
initiation
of
the
unit
child
support
services
18
as
provided
in
this
chapter
.
Review
by
the
district
court
19
shall
be
an
original
hearing
before
the
court.
20
3.
In
any
action
brought
under
this
chapter
,
the
action
21
shall
not
be
certified
to
the
district
court
in
a
contested
22
paternity
action
unless
all
of
the
following
have
occurred:
23
a.
Paternity
testing
has
been
completed.
24
b.
The
results
of
the
paternity
test
have
been
issued
to
all
25
parties.
26
c.
A
timely
written
objection
to
paternity
establishment
27
or
paternity
test
results
has
been
received
from
a
party,
or
28
a
timely
written
request
for
a
court
hearing
on
the
issue
29
of
support
has
been
received
from
a
party
by
the
unit
child
30
support
services
,
or
the
unit
child
support
services
has
31
requested
a
court
hearing
on
the
unit’s
child
support
services’
32
own
initiative.
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4.
A
matter
shall
be
certified
to
the
district
court
in
34
the
county
in
which
the
notice
was
filed
pursuant
to
section
35
252F.3,
subsection
3
.
1
5.
The
court
shall
set
the
matter
for
hearing
and
notify
the
2
parties
of
the
time
of
and
place
for
hearing.
3
6.
If
the
court
determines
that
the
putative
father
is
4
the
legal
father,
the
court
shall
establish
the
amount
of
the
5
accrued
and
accruing
child
support
pursuant
to
the
guidelines
6
established
under
section
598.21B
,
and
shall
establish
medical
7
support
pursuant
to
chapter
252E
.
8
7.
If
the
putative
father
or
another
party
contesting
9
paternity
fails
to
appear
at
the
hearing,
upon
a
showing
10
that
proper
notice
has
been
provided
to
the
party,
the
court
11
shall
find
the
party
in
default
and
enter
an
appropriate
order
12
establishing
paternity
and
support.
13
Sec.
910.
Section
252F.6,
Code
2023,
is
amended
to
read
as
14
follows:
15
252F.6
Filing
with
the
district
court.
16
Following
issuance
of
an
order
by
the
administrator
17
department
,
the
order
shall
be
presented
to
an
appropriate
18
district
court
judge
for
review
and
approval.
Unless
a
defect
19
appears
on
the
face
of
the
order,
the
district
court
shall
20
approve
the
order.
Upon
approval
by
the
district
court
judge,
21
the
order
shall
be
filed
in
the
district
court
in
the
county
22
in
which
the
notice
was
filed
pursuant
to
section
252F.3,
23
subsection
3
.
Upon
filing,
the
order
has
the
same
force
and
24
effect
as
a
district
court
order.
25
Sec.
911.
Section
252F.7,
Code
2023,
is
amended
to
read
as
26
follows:
27
252F.7
Report
to
state
registrar
of
vital
records
statistics
.
28
Upon
the
filing
of
an
order
with
the
district
court
pursuant
29
to
this
chapter
,
the
clerk
of
the
district
court
shall
report
30
the
information
from
the
order
to
the
bureau
of
state
registrar
31
of
vital
records
statistics
in
the
manner
provided
in
section
32
600B.36
.
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Sec.
912.
Section
252F.8,
Code
2023,
is
amended
to
read
as
34
follows:
35
252F.8
Waiver
of
time
limitations.
1
1.
A
putative
father
or
other
party
may
waive
the
time
2
limitations
established
in
this
chapter
.
3
2.
If
a
party
does
not
contest
paternity
or
wish
to
request
4
a
conference
or
court
hearing
on
the
issue
of
support,
upon
5
receipt
of
a
signed
statement
from
the
putative
father
and
6
any
other
party
that
may
contest
establishment
of
paternity,
7
waiving
the
time
limitations,
the
administrator
department
8
shall
enter
an
order
establishing
paternity
and
support
and
the
9
court
may
approve
the
order,
notwithstanding
the
expiration
of
10
the
period
of
the
time
limitations
if
paternity
is
established.
11
3.
If
a
putative
father
or
other
party
waives
the
time
12
limitations
and
an
order
establishing
paternity
or
determining
13
support,
or
both,
is
entered
under
this
chapter
,
the
signed
14
statement
of
the
putative
father
and
other
party
waiving
the
15
time
limitations
shall
be
filed
with
the
order.
16
Sec.
913.
Section
252G.1,
Code
2023,
is
amended
to
read
as
17
follows:
18
252G.1
Definitions.
19
As
used
in
this
chapter
,
unless
the
context
otherwise
20
requires:
21
1.
“Business
day”
means
a
day
on
which
state
offices
are
22
open
for
regular
business.
23
2.
“Child
support
services”
means
child
support
services
24
created
in
section
252B.2.
25
2.
3.
“Compensation”
means
payment
owed
by
the
payor
of
26
income
for:
27
a.
Labor
or
services
rendered
by
an
employee
or
contractor
28
to
the
payor
of
income.
29
b.
Benefits
including,
but
not
limited
to,
vacation,
30
holiday,
and
sick
leave,
and
severance
payments
which
are
due
31
an
employee
under
an
agreement
with
the
employer
or
under
a
32
policy
of
the
employer.
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3.
4.
“Contractor”
means
a
natural
person
who
is
eighteen
34
years
of
age
or
older,
who
performs
labor
in
this
state
to
35
whom
a
payor
of
income
makes
payments
which
are
not
subject
to
1
withholding
and
for
whom
the
payor
of
income
is
required
by
the
2
internal
revenue
service
to
complete
a
1099-MISC
form.
3
4.
5.
“Date
of
hire”
means
either
of
the
following:
4
a.
The
first
day
for
which
an
employee
is
owed
compensation
5
by
the
payor
of
income.
6
b.
The
first
day
that
a
contractor
performs
labor
or
7
services
for
the
payor
of
income.
8
5.
6.
“Days”
means
calendar
days.
9
6.
7.
“Department”
means
the
department
of
health
and
human
10
services.
11
7.
8.
“Dependent”
includes
a
spouse
or
child
or
any
other
12
person
who
is
in
need
of
and
entitled
to
support
from
a
person
13
who
is
declared
to
be
legally
liable
for
the
support
of
that
14
dependent.
15
8.
9.
“Employee”
means
a
natural
person
who
performs
labor
16
in
this
state
and
is
employed
by
an
employer
in
this
state
for
17
compensation
and
for
whom
the
employer
withholds
federal
or
18
state
tax
liabilities
from
the
employee’s
compensation.
19
9.
10.
“Employer”
means
a
person
doing
business
in
this
20
state
who
engages
an
employee
for
compensation
and
for
whom
the
21
employer
withholds
federal
or
state
tax
liabilities
from
the
22
employee’s
compensation.
“Employer”
includes
any
governmental
23
entity
and
any
labor
organization.
24
10.
11.
“Labor
organization”
means
any
organization
of
25
any
kind,
or
any
agency,
or
employee
representation
committee
26
or
plan,
in
which
employees
participate
and
which
exists
for
27
the
purpose,
in
whole
or
in
part,
of
dealing
with
employers
28
concerning
grievances,
labor
disputes,
wages,
rates
of
pay,
29
hours
of
employment,
or
conditions
of
work.
30
11.
12.
“Natural
person”
means
an
individual
and
not
a
31
corporation,
government,
business
trust,
estate,
partnership,
32
proprietorship,
or
other
legal
entity,
however
organized.
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12.
13.
“Payor
of
income”
includes
both
an
employer
and
a
34
person
engaged
in
a
trade
or
business
in
this
state
who
engages
35
a
contractor
for
compensation.
1
13.
14.
“Registry”
means
the
central
employee
registry
2
created
in
section
252G.2
.
3
14.
15.
“Rehire”
means
the
first
day
for
which
an
employee
4
is
owed
compensation
by
the
payor
of
income
following
a
5
termination
of
employment
lasting
a
minimum
of
six
consecutive
6
weeks.
Termination
of
employment
does
not
include
temporary
7
separations
from
employment
such
as
unpaid
medical
leave,
an
8
unpaid
leave
of
absence,
or
a
temporary
layoff.
9
15.
“Unit”
means
the
child
support
recovery
unit
created
in
10
section
252B.2
.
11
Sec.
914.
Section
252G.2,
Code
2023,
is
amended
to
read
as
12
follows:
13
252G.2
Establishment
of
central
employee
registry.
14
By
January
1,
1994,
the
unit
Child
support
services
shall
15
establish
a
centralized
employee
registry
database
for
the
16
purpose
of
receiving
and
maintaining
information
on
newly
hired
17
or
rehired
employees
from
employers.
The
unit
Child
support
18
services
shall
establish
the
database
and
the
department
may
19
adopt
rules
in
conjunction
with
the
department
of
revenue
and
20
the
department
of
workforce
development
to
identify
appropriate
21
uses
of
the
registry
and
to
implement
this
chapter
,
including
22
implementation
through
the
entering
of
agreements
pursuant
to
23
chapter
28E
.
24
Sec.
915.
Section
252G.3,
subsection
3,
paragraphs
b
and
d,
25
Code
2023,
are
amended
to
read
as
follows:
26
b.
By
submitting
electronic
media
in
a
format
approved
by
27
the
unit
child
support
services
in
advance.
28
d.
By
any
other
means
authorized
by
the
unit
child
support
29
services
in
advance
if
the
means
will
result
in
timely
30
reporting.
31
Sec.
916.
Section
252G.4,
subsection
1,
paragraph
a,
32
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
33
-660-
LSB
2073HV
(2)
90
ec/jh
660/
1541
H.F.
662
follows:
34
Beginning
January
1,
1994,
a
A
payor
of
income
to
whom
35
section
252G.3
is
inapplicable,
who
enters
into
an
agreement
1
for
the
performance
of
services
with
a
contractor,
shall
report
2
the
contractor
to
the
registry.
Payors
of
income
shall
report
3
contractors
performing
labor
under
an
agreement
within
fifteen
4
days
of
the
date
on
which
all
of
the
following
conditions
are
5
met:
6
Sec.
917.
Section
252G.4,
subsection
3,
Code
2023,
is
7
amended
to
read
as
follows:
8
3.
A
payor
of
income
required
to
report
under
this
section
9
may
report
the
information
required
under
subsection
1
by
any
10
written
means
authorized
by
the
unit
child
support
services
11
which
results
in
timely
reporting.
12
Sec.
918.
Section
252G.5,
subsection
1,
Code
2023,
is
13
amended
to
read
as
follows:
14
1.
The
unit
Child
support
services
for
program
15
administration
of
the
child
support
enforcement
program
,
16
including
but
not
limited
to
activities
related
to
17
establishment
and
enforcement
of
child
and
medical
support
18
obligations
through
administrative
or
judicial
processes,
and
19
other
services
authorized
pursuant
to
chapter
252B
.
20
Sec.
919.
Section
252G.7,
Code
2023,
is
amended
to
read
as
21
follows:
22
252G.7
Data
entry
and
transmitting
centralized
employee
23
registry
records
to
the
national
new
hire
registry.
24
The
unit
Child
support
services
shall
enter
new
hire
data
25
into
the
centralized
employee
directory
database
within
five
26
business
days
of
receipt
from
employers
and
shall
transmit
the
27
records
of
the
centralized
employee
registry
to
the
national
28
directory
of
new
hires
within
three
business
days
after
the
29
date
information
regarding
a
newly
hired
employee
is
entered
30
into
the
centralized
employee
registry.
31
Sec.
920.
Section
252G.8,
Code
2023,
is
amended
to
read
as
32
follows:
33
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252G.8
Income
withholding
requirements.
34
Within
two
business
days
after
the
date
information
35
regarding
a
newly
hired
employee
is
entered
into
the
1
centralized
employee
registry
and
matched
with
obligors
in
2
cases
being
enforced
by
the
unit
child
support
services
,
the
3
unit
child
support
services
shall
transmit
a
notice
to
the
4
employer
or
payor
of
income
of
the
employee
directing
the
5
employer
or
payor
of
income
to
withhold
from
the
income
of
the
6
employee
in
accordance
with
chapter
252D
.
7
Sec.
921.
Section
252H.1,
Code
2023,
is
amended
to
read
as
8
follows:
9
252H.1
Purpose
and
intent.
10
This
chapter
is
intended
to
provide
a
means
for
state
11
compliance
with
Tit.
IV-D
of
the
federal
Social
Security
12
Act,
as
amended,
requiring
states
to
provide
procedures
for
13
the
review
and
adjustment
of
support
orders
being
enforced
14
under
Tit.
IV-D
of
the
federal
Social
Security
Act,
and
also
15
to
provide
an
expedited
modification
process
when
review
16
and
adjustment
procedures
are
not
required,
appropriate,
or
17
applicable.
Actions
under
this
chapter
shall
be
initiated
only
18
by
the
child
support
recovery
unit
services
.
19
Sec.
922.
Section
252H.2,
Code
2023,
is
amended
to
read
as
20
follows:
21
252H.2
Definitions.
22
1.
As
used
in
this
chapter
,
unless
the
context
otherwise
23
requires,
“administrator”
,
“caretaker”
,
“court
order”
,
24
“department”
,
“dependent
child”
,
“medical
support”
,
and
25
“responsible
person”
mean
the
same
as
defined
in
section
252C.1
.
26
2.
As
used
in
this
chapter
,
unless
the
context
otherwise
27
requires:
28
a.
“Act”
means
the
federal
Social
Security
Act.
29
b.
“Adjustment”
applies
only
to
the
child
support
provisions
30
of
a
support
order
and
means
either
of
the
following:
31
(1)
A
change
in
the
amount
of
child
support
based
upon
32
an
application
of
the
child
support
guidelines
established
33
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1541
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pursuant
to
section
598.21B
.
34
(2)
An
addition
of
or
change
to
provisions
for
medical
35
support
as
provided
in
chapter
252E
.
1
c.
“Child”
means
a
child
as
defined
in
section
252B.1
.
2
d.
“Child
support
agency”
means
any
state,
county,
or
local
3
office
or
entity
of
another
state
that
has
the
responsibility
4
for
providing
child
support
enforcement
services
under
Tit.
5
IV-D
of
the
Act.
6
e.
“Child
support
recovery
unit”
or
“unit”
“Child
support
7
services”
means
the
child
support
recovery
unit
services
created
8
pursuant
to
in
section
252B.2
.
9
f.
“Cost-of-living
alteration”
means
a
change
in
an
existing
10
child
support
order
which
equals
an
amount
which
is
the
11
amount
of
the
support
obligation
following
application
of
the
12
percentage
change
of
the
consumer
price
index
for
all
urban
13
consumers,
United
States
city
average,
as
published
in
the
14
federal
register
by
the
federal
department
of
labor,
bureau
of
15
labor
statistics.
16
g.
“Determination
of
controlling
order”
means
the
process
17
of
identifying
a
child
support
order
which
must
be
recognized
18
pursuant
to
section
252K.207
and
28
U.S.C.
§1738B,
when
19
more
than
one
state
has
issued
a
support
order
for
the
same
20
child
and
the
same
obligor,
and
may
include
a
reconciliation
21
of
arrearages
with
information
related
to
the
calculation.
22
Registration
of
an
order
of
another
state
or
foreign
country
is
23
not
necessary
for
a
court
or
the
unit
child
support
services
to
24
make
a
determination
of
controlling
order.
25
h.
“Modification”
means
either
of
the
following:
26
(1)
A
change,
correction,
or
termination
of
an
existing
27
support
order.
28
(2)
The
establishment
of
a
child
or
medical
support
29
obligation
in
a
previously
established
order
entered
30
pursuant
to
chapter
234
,
252A
,
252C
,
598
,
600B
,
or
any
other
31
support
proceeding,
in
which
such
support
was
not
previously
32
established,
or
in
which
support
was
previously
established
33
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and
subsequently
terminated
prior
to
the
emancipation
of
the
34
children
affected.
35
i.
“Parent”
means,
for
the
purposes
of
requesting
a
review
1
of
a
support
order
and
for
being
entitled
to
notice
under
this
2
chapter
:
3
(1)
The
individual
ordered
to
pay
support
pursuant
to
the
4
order.
5
(2)
An
individual
or
entity
entitled
to
receive
current
or
6
future
support
payments
pursuant
to
the
order,
or
pursuant
to
a
7
current
assignment
of
support
including
but
not
limited
to
an
8
agency
of
this
or
any
other
state
that
is
currently
providing
9
public
assistance
benefits
to
the
child
for
whom
support
is
10
ordered
and
any
child
support
agency.
Service
of
notice
of
11
an
action
initiated
under
this
chapter
on
an
agency
is
not
12
required,
but
the
agency
may
be
advised
of
the
action
by
other
13
means.
14
j.
“Public
assistance”
means
benefits
received
in
this
state
15
or
any
other
state,
under
Tit.
IV-A
(temporary
assistance
to
16
needy
families),
IV-E
(foster
care),
or
XIX
(Medicaid)
of
the
17
Act.
18
k.
“Review”
means
an
objective
evaluation
conducted
through
19
a
proceeding
before
a
court,
administrative
body,
or
an
agency,
20
of
information
necessary
for
the
application
of
a
state’s
21
mandatory
child
support
guidelines
to
determine:
22
(1)
The
appropriate
monetary
amount
of
support.
23
(2)
Provisions
for
medical
support.
24
l.
“State”
means
“state”
as
defined
in
chapter
252K
.
25
m.
“Support
order”
means
an
order
for
support
issued
26
pursuant
to
this
chapter
,
chapter
232
,
234
,
252A
,
252C
,
252E
,
27
252F
,
598
,
600B
,
or
any
other
applicable
chapter,
or
under
28
a
comparable
statute
of
another
state
or
foreign
country
as
29
registered
with
the
clerk
of
court
or
certified
to
the
child
30
support
recovery
unit
services
.
31
Sec.
923.
Section
252H.3,
subsections
2
and
3,
Code
2023,
32
are
amended
to
read
as
follows:
33
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662
2.
Nonsupport
issues
shall
not
be
considered
by
the
unit
34
child
support
services
or
the
court
in
any
action
resulting
35
under
this
chapter
.
1
3.
Actions
initiated
by
the
unit
child
support
services
2
under
this
chapter
shall
not
be
subject
to
contested
case
3
proceedings
or
further
review
pursuant
to
chapter
17A
and
4
resulting
court
hearings
following
certification
shall
be
an
5
original
hearing
before
the
district
court.
6
Sec.
924.
Section
252H.4,
Code
2023,
is
amended
to
read
as
7
follows:
8
252H.4
Role
of
the
child
support
recovery
unit
services
.
9
1.
The
unit
Child
support
services
may
administratively
10
adjust
or
modify
or
may
provide
for
an
administrative
11
cost-of-living
alteration
of
a
support
order
entered
under
12
chapter
234
,
252A
,
252C
,
598
,
or
600B
,
or
any
other
support
13
chapter
if
the
unit
child
support
services
is
providing
14
enforcement
services
pursuant
to
chapter
252B
.
The
unit
15
Child
support
services
is
not
required
to
intervene
to
16
administratively
adjust
or
modify
or
provide
for
an
17
administrative
cost-of-living
alteration
of
a
support
order
18
under
this
chapter
.
19
2.
The
unit
Child
support
services
is
a
party
to
an
action
20
initiated
pursuant
to
this
chapter
.
21
3.
The
unit
Child
support
services
shall
conduct
a
review
22
to
determine
whether
an
adjustment
is
appropriate
or,
upon
23
the
request
of
a
parent
or
upon
the
unit’s
child
support
24
services’
own
initiative,
determine
whether
a
modification
is
25
appropriate.
26
4.
The
unit
Child
support
services
shall
adopt
rules
27
pursuant
to
chapter
17A
to
establish
the
process
for
the
review
28
of
requests
for
adjustment,
the
criteria
and
procedures
for
29
conducting
a
review
and
determining
when
an
adjustment
is
30
appropriate,
the
procedure
and
criteria
for
a
cost-of-living
31
alteration,
the
criteria
and
procedure
for
a
request
for
review
32
pursuant
to
section
252H.18A
,
and
other
rules
necessary
to
33
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implement
this
chapter
.
34
5.
Legal
representation
of
the
unit
child
support
services
35
shall
be
provided
pursuant
to
section
252B.7,
subsection
4
.
1
Sec.
925.
Section
252H.5,
Code
2023,
is
amended
to
read
as
2
follows:
3
252H.5
Fees
and
cost
recovery
for
review
——
adjustment
——
4
modification.
5
1.
Unless
the
unit
child
support
services
is
already
6
providing
support
enforcement
service
pursuant
to
chapter
252B
,
7
a
parent
ordered
to
provide
support,
who
requests
a
review
of
a
8
support
order
under
subchapter
II
,
shall
file
an
application
9
for
services
pursuant
to
section
252B.4
.
10
2.
A
parent
requesting
a
service
shall
pay
the
fee
11
established
for
that
service
as
established
under
this
12
subsection
.
The
fees
established
are
not
applicable
to
a
13
parent
who
as
a
condition
of
eligibility
for
receiving
public
14
assistance
benefits
has
assigned
the
rights
to
child
or
medical
15
support
for
the
order
to
be
reviewed.
The
following
fees
shall
16
be
paid
for
the
following
services:
17
a.
A
fee
for
conducting
the
review,
to
be
paid
at
the
time
18
the
request
for
review
is
submitted
to
the
unit
child
support
19
services
.
If
the
request
for
review
is
denied
for
any
reason,
20
the
fee
shall
be
refunded
to
the
parent
making
the
request.
21
Any
request
submitted
without
full
payment
of
the
fee
shall
be
22
denied.
23
b.
A
fee
for
a
second
review
requested
pursuant
to
section
24
252H.17
,
to
be
paid
at
the
time
the
request
for
the
second
25
review
is
submitted
to
the
unit
child
support
services
.
Any
26
request
submitted
without
full
payment
of
the
fee
shall
be
27
denied.
28
c.
A
fee
for
activities
performed
by
the
unit
child
support
29
services
in
association
with
a
court
hearing
requested
pursuant
30
to
section
252H.8
.
31
d.
A
fee
for
activities
performed
by
the
unit
child
support
32
services
in
entering
an
administrative
order
to
adjust
support
33
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when
neither
parent
requests
a
court
hearing
pursuant
to
34
section
252H.8
.
The
fee
shall
be
paid
during
the
postreview
35
waiting
period
under
section
252H.17
.
If
the
fee
is
not
paid
1
in
full
during
the
postreview
notice
period,
further
action
2
shall
not
be
taken
by
the
unit
child
support
services
to
adjust
3
the
order
unless
the
parent
not
requesting
the
adjustment
4
pays
the
fee
in
full
during
the
postreview
waiting
period,
5
or
unless
the
children
affected
by
the
order
reviewed
are
6
currently
receiving
public
assistance
benefits
and
the
proposed
7
adjustment
would
result
in
either
an
increase
in
the
amount
of
8
support
or
in
provisions
for
medical
support
for
the
children.
9
e.
A
fee
for
conducting
a
conference
requested
pursuant
to
10
section
252H.20
.
11
3.
A
parent
who
requests
a
review
of
a
support
order
12
pursuant
to
section
252H.13
,
shall
pay
any
service
of
process
13
fees
for
service
or
attempted
service
of
the
notice
required
14
in
section
252H.15
.
The
unit
Child
support
services
shall
not
15
proceed
to
conduct
a
review
pursuant
to
section
252H.16
until
16
service
of
process
fees
have
been
paid
in
full.
The
service
of
17
process
fee
requirement
of
this
subsection
is
not
applicable
18
to
a
parent
who
as
a
condition
of
eligibility
for
public
19
assistance
benefits
has
assigned
the
rights
to
child
or
medical
20
support
for
the
order
to
be
reviewed.
Service
of
process
fees
21
charged
by
a
person
other
than
the
unit
child
support
services
22
are
distinct
from
any
other
fees
and
recovery
of
costs
provided
23
for
in
this
section
.
24
4.
The
unit
Child
support
services
shall,
consistent
with
25
applicable
federal
law,
recover
administrative
costs
in
excess
26
of
any
fees
collected
pursuant
to
subsections
2
and
3
for
27
providing
services
under
this
chapter
and
shall
adopt
rules
28
providing
for
collection
of
fees
for
administrative
costs.
29
5.
The
unit
Child
support
services
shall
adopt
rules
30
pursuant
to
chapter
17A
to
establish
procedures
and
criteria
to
31
determine
the
amount
of
any
fees
specified
in
this
section
and
32
the
administrative
costs
in
excess
of
these
fees.
33
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Sec.
926.
Section
252H.6,
Code
2023,
is
amended
to
read
as
34
follows:
35
252H.6
Collection
of
information.
1
The
unit
Child
support
services
may
request,
obtain,
and
2
validate
information
concerning
the
financial
circumstances
3
of
the
parents
of
a
child
as
necessary
to
determine
the
4
appropriate
amount
of
support
pursuant
to
the
guidelines
5
established
in
section
598.21B
,
including
but
not
limited
to
6
those
sources
and
procedures
described
in
sections
252B.7A
and
7
252B.9
.
The
collection
of
information
does
not
constitute
a
8
review
conducted
pursuant
to
section
252H.16
.
9
Sec.
927.
Section
252H.7,
Code
2023,
is
amended
to
read
as
10
follows:
11
252H.7
Waiver
of
notice
periods
and
time
limitations.
12
1.
A
parent
may
waive
the
fifteen-day
prereview
waiting
13
period
provided
for
in
section
252H.16
.
14
a.
Upon
receipt
of
signed
requests
from
both
parents
15
waiving
the
prereview
waiting
period,
the
unit
child
support
16
services
may
conduct
a
review
of
the
support
order
prior
to
17
the
expiration
of
the
fifteen-day
period
provided
in
section
18
252H.16
.
19
b.
If
the
parents
jointly
waive
the
prereview
waiting
period
20
and
the
order
under
review
is
subsequently
adjusted,
the
signed
21
statements
of
both
parents
waiving
the
waiting
period
shall
be
22
filed
in
the
court
record
with
the
order
adjusting
the
support
23
obligation.
24
2.
A
parent
may
waive
the
postreview
waiting
period
provided
25
for
in
section
252H.8,
subsection
2
or
7
,
for
a
court
hearing
26
or
in
section
252H.17
for
requesting
of
a
second
review.
27
a.
Upon
receipt
of
signed
requests
from
both
parents
subject
28
to
the
order
reviewed,
waiving
the
postreview
waiting
period,
29
the
unit
child
support
services
may
enter
an
administrative
30
order
adjusting
the
support
order,
if
appropriate,
prior
to
the
31
expiration
of
the
postreview
waiting
period.
32
b.
If
the
parents
jointly
waive
the
postreview
waiting
33
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period
and
an
administrative
order
to
adjust
the
support
order
34
is
entered,
the
signed
statements
of
both
parents
waiving
the
35
waiting
period
shall
be
filed
in
the
court
record
with
the
1
administrative
order
adjusting
the
support
obligation.
2
3.
A
parent
may
waive
the
time
limitations
established
in
3
section
252H.8,
subsection
3
,
for
requesting
a
court
hearing,
4
or
in
section
252H.20
for
requesting
a
conference.
5
a.
Upon
receipt
of
signed
requests
from
both
parents
who
6
are
subject
to
the
order
to
be
modified,
waiving
the
time
7
limitations,
the
unit
child
support
services
may
proceed
to
8
enter
an
administrative
modification
order.
9
b.
If
the
parents
jointly
waive
the
time
limitations
and
10
an
administrative
modification
order
is
entered
under
this
11
chapter
,
the
signed
statements
of
both
parents
waiving
the
12
time
limitations
shall
be
filed
in
the
court
record
with
the
13
administrative
modification
order.
14
Sec.
928.
Section
252H.8,
Code
2023,
is
amended
to
read
as
15
follows:
16
252H.8
Certification
to
court
——
hearing
——
default.
17
1.
For
actions
initiated
under
section
252H.15
,
either
18
parent
or
the
unit
child
support
services
may
request
a
court
19
hearing
within
fifteen
days
from
the
date
of
issuance
of
the
20
notice
of
decision
under
section
252H.16
,
or
within
ten
days
21
of
the
date
of
issuance
of
the
second
notice
of
decision
under
22
section
252H.17
,
whichever
is
later.
23
2.
For
actions
initiated
under
section
252H.14A
,
either
24
parent
or
the
unit
child
support
services
may
request
a
court
25
hearing
within
ten
days
of
the
issuance
of
the
second
notice
of
26
decision
under
section
252H.17
.
27
3.
For
actions
initiated
under
subchapter
III
,
either
28
parent
or
the
unit
child
support
services
may
request
a
court
29
hearing
within
the
latest
of
any
of
the
following
time
periods:
30
a.
Twenty
days
from
the
date
of
successful
service
of
the
31
notice
of
intent
to
modify
required
under
section
252H.19
.
32
b.
Ten
days
from
the
date
scheduled
for
a
conference
to
33
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discuss
the
modification
action.
34
c.
Ten
days
from
the
date
of
issuance
of
a
second
notice
of
35
a
proposed
modification
action.
1
4.
The
time
limitations
for
requesting
a
court
hearing
2
under
this
section
may
be
extended
by
the
unit
child
support
3
services
.
4
5.
If
a
timely
written
request
for
a
hearing
is
received
5
by
the
unit
child
support
services
,
a
hearing
shall
be
held
6
in
district
court,
and
the
unit
child
support
services
shall
7
certify
the
matter
to
the
district
court
in
the
county
in
which
8
the
order
subject
to
adjustment
or
modification
is
filed.
The
9
certification
shall
include
the
following,
as
applicable:
10
a.
Copies
of
the
notice
of
intent
to
review
or
notice
of
11
intent
to
modify.
12
b.
The
return
of
service,
proof
of
service,
acceptance
of
13
service,
or
signed
statement
by
the
parent
requesting
review
14
and
adjustment
or
requesting
modification,
waiving
service
of
15
the
notice.
16
c.
Copies
of
the
notice
of
decision
and
any
revised
notice
17
as
provided
in
section
252H.16
.
18
d.
Copies
of
any
written
objections
to
and
request
for
a
19
second
review
or
conference
or
hearing.
20
e.
Copies
of
any
second
notice
of
decision
issued
pursuant
21
to
section
252H.17
,
or
second
notice
of
proposed
modification
22
action
issued
pursuant
to
section
252H.20
.
23
f.
Copies
of
any
financial
statements
and
supporting
24
documentation
provided
by
the
parents
including
proof
of
25
a
substantial
change
in
circumstances
for
a
request
filed
26
pursuant
to
section
252H.18A
.
27
g.
Copies
of
any
computation
worksheet
prepared
by
the
28
unit
child
support
services
to
determine
the
amount
of
support
29
calculated
using
the
mandatory
child
support
guidelines
30
established
under
section
598.21B
,
and,
if
appropriate
and
the
31
social
security
disability
provisions
of
sections
598.22
and
32
598.22C
apply,
a
determination
of
the
amount
of
delinquent
33
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support
due.
34
h.
A
certified
copy
of
each
order,
issued
by
another
state
35
or
foreign
country,
considered
in
determining
the
controlling
1
order.
2
6.
The
court
shall
set
the
matter
for
hearing
and
notify
the
3
parties
of
the
time
and
place
of
the
hearing.
4
7.
For
actions
initiated
under
section
252H.15
,
a
hearing
5
shall
not
be
held
for
at
least
sixteen
days
following
the
date
6
of
issuance
of
the
notice
of
decision
unless
the
parents
have
7
jointly
waived,
in
writing,
the
fifteen-day
postreview
period.
8
8.
Pursuant
to
section
252H.3
,
the
district
court
shall
9
review
the
matter
as
an
original
hearing
before
the
court.
10
9.
Issues
subject
to
review
by
the
court
in
any
hearing
11
resulting
from
an
action
initiated
under
this
chapter
shall
be
12
limited
to
the
issues
identified
in
section
252H.3
.
13
10.
Notwithstanding
any
other
law
to
the
contrary,
if
more
14
than
one
support
order
exists
involving
children
with
the
same
15
legally
established
parents,
one
hearing
on
all
of
the
affected
16
support
orders
shall
be
held
in
the
district
court
in
the
17
county
where
the
unit
child
support
services
files
the
action.
18
For
the
purposes
of
this
subsection
,
the
district
court
hearing
19
the
matter
shall
have
jurisdiction
over
all
other
support
20
orders
entered
by
a
court
of
this
state
and
affected
under
this
21
subsection
.
22
11.
The
court
shall
establish
the
amount
of
child
support
23
pursuant
to
section
598.21B
,
or
medical
support
pursuant
to
24
chapter
252E
,
or
both.
25
12.
If
a
party
fails
to
appear
at
the
hearing,
upon
a
26
showing
of
proper
notice
to
the
party,
the
court
may
find
the
27
party
in
default
and
enter
an
appropriate
order.
28
Sec.
929.
Section
252H.9,
Code
2023,
is
amended
to
read
as
29
follows:
30
252H.9
Filing
and
docketing
of
administrative
adjustment
or
31
modification
order
——
order
effective
as
district
court
order.
32
1.
If
timely
request
for
a
court
hearing
is
not
made
33
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pursuant
to
section
252H.8
,
the
unit
child
support
services
34
shall
prepare
and
present
an
administrative
order
for
35
adjustment
or
modification,
as
applicable,
for
review
and
1
approval,
ex
parte,
to
the
district
court
where
the
order
to
2
be
adjusted
or
modified
is
filed.
Notwithstanding
any
other
3
law
to
the
contrary,
if
more
than
one
support
order
exists
4
involving
children
with
the
same
legally
established
parents,
5
for
the
purposes
of
this
subsection
,
the
district
court
6
reviewing
and
approving
the
matter
shall
have
jurisdiction
over
7
all
other
support
orders
entered
by
a
court
of
this
state
and
8
affected
under
this
subsection
.
9
2.
For
orders
to
which
subchapter
II
or
III
is
applicable,
10
the
unit
child
support
services
shall
determine
the
appropriate
11
amount
of
the
child
support
obligation
using
the
current
child
12
support
guidelines
established
pursuant
to
section
598.21B
13
and
the
criteria
established
pursuant
to
section
252B.7A
and
14
shall
determine
the
provisions
for
medical
support
pursuant
to
15
chapter
252E
.
16
3.
The
administrative
order
prepared
by
the
unit
child
17
support
services
shall
specify
all
of
the
following:
18
a.
The
amount
of
support
to
be
paid
and
the
manner
of
19
payment.
20
b.
The
name
of
the
custodian
of
any
child
for
whom
support
21
is
to
be
paid.
22
c.
The
name
of
the
parent
ordered
to
pay
support.
23
d.
The
name
and
birth
date
of
any
child
for
whom
support
is
24
to
be
paid.
25
e.
That
the
property
of
the
responsible
person
is
subject
26
to
collection
action,
including
but
not
limited
to
wage
27
withholding,
garnishment,
attachment
of
a
lien,
and
other
28
methods
of
execution.
29
f.
Provisions
for
medical
support.
30
g.
If
applicable,
the
order
determined
to
be
the
controlling
31
order.
32
h.
If
applicable,
the
amount
of
delinquent
support
due
based
33
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upon
the
receipt
of
social
security
disability
payments
as
34
provided
in
sections
598.22
and
598.22C
.
35
4.
Supporting
documents
as
described
in
section
252H.8,
1
subsection
5
,
may
be
presented
to
the
court
with
the
2
administrative
order,
as
applicable.
3
5.
Unless
defects
appear
on
the
face
of
the
order
or
on
the
4
attachments,
the
district
court
shall
approve
the
order.
Upon
5
filing,
the
approved
order
shall
have
the
same
force,
effect,
6
and
attributes
of
an
order
of
the
district
court.
7
6.
Upon
filing,
the
clerk
of
the
district
court
shall
enter
8
the
order
in
the
judgment
docket
and
judgment
lien
index.
9
7.
A
copy
of
the
order
shall
be
sent
by
regular
mail
within
10
fourteen
days
after
filing
to
each
parent’s
last
known
address,
11
or
if
applicable,
to
the
last
known
address
of
the
parent’s
12
attorney.
13
8.
The
order
is
final,
and
action
by
the
unit
child
support
14
services
to
enforce
and
collect
upon
the
order,
including
15
arrearages
and
medical
support,
or
both,
may
be
taken
from
the
16
date
of
the
entry
of
the
order
by
the
district
court.
17
Sec.
930.
Section
252H.10,
subsection
2,
Code
2023,
is
18
amended
to
read
as
follows:
19
2.
The
periodic
due
date
established
under
a
prior
order
20
for
payment
of
child
support
shall
not
be
changed
in
any
21
order
modified
as
a
result
of
an
action
initiated
under
this
22
chapter
,
unless
the
child
support
recovery
unit
services
or
23
the
court
determines
that
good
cause
exists
to
change
the
24
periodic
due
date.
If
the
unit
child
support
services
or
the
25
court
determines
that
good
cause
exists,
the
unit
child
support
26
services
or
the
court
shall
include
the
rationale
for
the
27
change
in
the
modified
order
and
shall
address
the
issue
of
28
reconciliation
of
any
payments
due
or
made
under
a
prior
order
29
which
would
result
in
payment
of
the
child
support
obligation
30
under
both
the
prior
and
the
modified
orders.
31
Sec.
931.
Section
252H.11,
Code
2023,
is
amended
to
read
as
32
follows:
33
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252H.11
Concurrent
actions.
34
This
chapter
does
not
prohibit
or
affect
the
ability
or
right
35
of
a
parent
or
the
parent’s
attorney
to
file
a
modification
1
action
at
the
parent’s
own
initiative.
If
a
modification
2
action
is
filed
by
a
parent
concerning
an
order
for
which
an
3
action
has
been
initiated
but
has
not
yet
been
completed
by
the
4
unit
child
support
services
under
this
chapter
,
the
unit
child
5
support
services
shall
terminate
any
action
initiated
under
6
this
chapter
,
subject
to
the
following:
7
1.
The
modification
action
filed
by
the
parent
must
address
8
the
same
issues
as
the
action
initiated
under
this
chapter
.
9
2.
If
the
modification
action
filed
by
the
parent
is
10
subsequently
dismissed
before
being
heard
by
the
court,
11
the
unit
child
support
services
shall
continue
the
action
12
previously
initiated
under
subchapter
II
or
III
,
or
initiate
a
13
new
action
as
follows:
14
a.
If
the
unit
child
support
services
previously
initiated
15
an
action
under
subchapter
II
,
and
had
not
issued
a
notice
of
16
decision
as
required
under
section
252H.14A
or
252H.16
,
the
17
unit
child
support
services
shall
proceed
as
follows:
18
(1)
If
notice
of
intent
to
review
was
served
ninety
days
19
or
less
prior
to
the
date
the
modification
action
filed
by
the
20
parent
is
dismissed,
the
unit
child
support
services
shall
21
complete
the
review
and
issue
the
notice
of
decision.
22
(2)
If
the
modification
action
filed
by
the
parent
is
23
dismissed
more
than
ninety
days
after
the
original
notice
of
24
intent
to
review
was
served,
the
unit
child
support
services
25
shall
serve
or
issue
a
new
notice
of
intent
to
review
and
26
conduct
the
review.
27
(3)
If
the
unit
child
support
services
initiated
a
review
28
under
section
252H.14A
,
the
unit
child
support
services
may
29
issue
the
notice
of
decision.
30
b.
If
the
unit
child
support
services
previously
initiated
31
an
action
under
subchapter
II
and
had
issued
the
notice
of
32
decision
as
required
under
section
252H.14A
or
252H.16
,
the
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unit
child
support
services
shall
proceed
as
follows:
34
(1)
If
the
notice
of
decision
was
issued
ninety
days
or
less
35
prior
to
the
date
the
modification
action
filed
by
the
parent
1
is
dismissed,
the
unit
child
support
services
shall
request,
2
obtain,
and
verify
any
new
or
different
information
concerning
3
the
financial
circumstances
of
the
parents
and
issue
a
revised
4
notice
of
decision
to
each
parent,
or
if
applicable,
to
the
5
parent’s
attorney.
6
(2)
If
the
modification
action
filed
by
the
parent
is
7
dismissed
more
than
ninety
days
after
the
date
of
issuance
8
of
the
notice
of
decision,
the
unit
child
support
services
9
shall
serve
or
issue
a
new
notice
of
intent
to
review
pursuant
10
to
section
252H.15
and
conduct
a
review
pursuant
to
section
11
252H.16
,
or
conduct
a
review
and
serve
a
new
notice
of
decision
12
under
section
252H.14A
.
13
c.
If
the
unit
child
support
services
previously
initiated
14
an
action
under
subchapter
III
,
the
unit
child
support
services
15
shall
proceed
as
follows:
16
(1)
If
the
modification
action
filed
by
the
parent
is
17
dismissed
more
than
ninety
days
after
the
original
notice
of
18
intent
to
modify
was
served,
the
unit
child
support
services
19
shall
serve
a
new
notice
of
intent
to
modify
pursuant
to
20
section
252H.19
.
21
(2)
If
the
modification
action
filed
by
the
parent
is
22
dismissed
ninety
days
or
less
after
the
original
notice
of
23
intent
to
modify
was
served,
the
unit
child
support
services
24
shall
complete
the
original
modification
action
initiated
by
25
the
unit
child
support
services
under
this
subchapter
.
26
(3)
Each
parent
shall
be
allowed
at
least
twenty
days
from
27
the
date
the
administrative
modification
action
is
reinstated
28
to
request
a
court
hearing
as
provided
for
in
section
252H.8
.
29
3.
If
an
action
initiated
under
this
chapter
is
terminated
30
as
the
result
of
a
concurrent
modification
action
filed
by
31
one
of
the
parents
or
the
parent’s
attorney,
the
unit
child
32
support
services
shall
advise
each
parent,
or
if
applicable,
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the
parent’s
attorney,
in
writing,
that
the
action
has
been
34
terminated
and
the
provisions
of
subsection
2
of
this
section
35
for
continuing
or
initiating
a
new
action
under
this
chapter
.
1
The
notice
shall
be
issued
by
regular
mail
to
the
last
known
2
mailing
address
of
each
parent,
or
if
applicable,
each
parent’s
3
attorney.
4
4.
If
an
action
initiated
under
this
chapter
by
the
5
unit
child
support
services
is
terminated
as
the
result
6
of
a
concurrent
action
filed
by
one
of
the
parents
and
is
7
subsequently
reinstated
because
the
modification
action
filed
8
by
the
parent
is
dismissed,
the
unit
child
support
services
9
shall
advise
each
parent,
or
if
applicable,
each
parent’s
10
attorney,
in
writing,
that
the
unit
child
support
services
is
11
continuing
the
prior
administrative
adjustment
or
modification
12
action.
The
notice
shall
be
issued
by
regular
mail
to
the
last
13
known
mailing
address
of
each
parent,
or
if
applicable,
each
14
parent’s
attorney.
15
Sec.
932.
Section
252H.12,
subsection
3,
Code
2023,
is
16
amended
to
read
as
follows:
17
3.
The
unit
Child
support
services
is
providing
enforcement
18
services
for
the
ongoing
support
obligation
pursuant
to
chapter
19
252B
.
20
Sec.
933.
Section
252H.13,
Code
2023,
is
amended
to
read
as
21
follows:
22
252H.13
Right
to
request
review.
23
A
parent
shall
have
the
right
to
request
the
review
of
a
24
support
order
for
which
the
unit
child
support
services
is
25
currently
providing
enforcement
services
of
an
ongoing
child
26
support
obligation
pursuant
to
chapter
252B
including
by
27
objecting
to
a
cost-of-living
alteration
pursuant
to
section
28
252H.24,
subsections
1
and
2
.
29
Sec.
934.
Section
252H.14,
Code
2023,
is
amended
to
read
as
30
follows:
31
252H.14
Reviews
initiated
by
the
child
support
recovery
unit
32
services
.
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1.
The
unit
Child
support
services
may
periodically
34
initiate
a
review
of
support
orders
meeting
the
conditions
in
35
section
252H.12
in
accordance
with
the
following:
1
a.
The
right
to
any
ongoing
child
support
obligation
is
2
currently
assigned
to
the
state
due
to
the
receipt
of
public
3
assistance.
4
b.
The
support
order
does
not
already
include
provisions
for
5
medical
support.
6
c.
The
review
is
otherwise
necessary
to
comply
with
the
Act.
7
2.
The
unit
Child
support
services
may
periodically
8
initiate
a
request
to
a
child
support
agency
of
another
state
9
or
to
a
foreign
country
to
conduct
a
review
of
a
support
10
order
when
the
right
to
any
ongoing
child
or
medical
support
11
obligation
due
under
the
order
is
currently
assigned
to
the
12
state
of
Iowa
or
if
the
order
does
not
include
provisions
for
13
medical
support.
14
3.
The
unit
Child
support
services
shall
adopt
rules
15
establishing
criteria
to
determine
the
appropriateness
of
16
initiating
a
review.
17
4.
The
unit
Child
support
services
shall
initiate
reviews
18
under
this
section
in
accordance
with
the
Act.
19
Sec.
935.
Section
252H.14A,
Code
2023,
is
amended
to
read
20
as
follows:
21
252H.14A
Reviews
initiated
by
the
child
support
recovery
unit
22
services
——
abbreviated
method.
23
1.
Notwithstanding
section
252H.15
,
the
unit
child
support
24
services
may
use
procedures
under
this
section
to
review
a
25
support
order
if
all
the
following
apply:
26
a.
One
of
the
following
applies:
27
(1)
The
right
to
ongoing
child
support
is
assigned
to
the
28
state
of
Iowa
due
to
the
receipt
of
family
investment
program
29
assistance,
and
a
review
of
the
support
order
is
required
under
30
section
7302
of
the
federal
Deficit
Reduction
Act
of
2005,
Pub.
31
L.
No.
109-171.
32
(2)
A
parent
requests
a
review,
provides
the
unit
child
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support
services
with
financial
information
as
part
of
that
34
request,
and
the
order
meets
the
criteria
for
review
under
this
35
subchapter
.
1
b.
The
unit
Child
support
services
has
access
to
information
2
concerning
the
financial
circumstances
of
each
parent
and
one
3
of
the
following
applies:
4
(1)
The
parent
is
a
recipient
of
family
investment
program
5
assistance,
medical
assistance,
or
food
supplemental
nutrition
6
assistance
program
assistance
from
the
department.
7
(2)
The
parent’s
income
is
from
supplemental
security
8
income
paid
pursuant
to
42
U.S.C.
§1381a.
9
(3)
The
parent
is
a
recipient
of
disability
benefits
under
10
the
Act
because
of
the
parent’s
disability.
11
(4)
The
parent
is
an
inmate
of
an
institution
under
the
12
control
of
the
department
of
corrections.
13
(5)
The
unit
Child
support
services
has
access
to
14
information
described
in
section
252B.7A,
subsection
1
,
15
paragraph
“c”
.
16
2.
If
the
conditions
of
subsection
1
are
met,
the
unit
child
17
support
services
may
conduct
a
review
and
determine
whether
18
an
adjustment
is
appropriate
using
information
accessible
by
19
the
unit
child
support
services
without
issuing
a
notice
under
20
section
252H.15
or
requesting
additional
information
from
the
21
parent.
22
3.
Upon
completion
of
the
review,
the
unit
child
support
23
services
shall
issue
a
notice
of
decision
to
each
parent,
or
24
if
applicable,
to
each
parent’s
attorney.
The
notice
shall
be
25
served
in
accordance
with
the
rules
of
civil
procedure
or
as
26
provided
in
section
252B.26
,
except
that
a
parent
requesting
27
a
review
pursuant
to
section
252H.13
shall
waive
the
right
to
28
personal
service
of
the
notice
in
writing
and
accept
service
29
by
regular
mail.
If
the
service
by
regular
mail
does
not
occur
30
within
ninety
days
of
the
written
waiver
of
personal
service,
31
personal
service
of
the
notice
is
required
unless
a
new
waiver
32
of
personal
service
is
obtained.
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4.
All
of
the
following
shall
be
included
in
the
notice
of
34
decision:
35
a.
The
legal
basis
and
purpose
of
the
action,
including
1
an
explanation
of
the
procedures
for
determining
child
2
support,
the
criteria
for
determining
the
appropriateness
of
3
an
adjustment,
and
a
statement
that
the
unit
child
support
4
services
used
the
child
support
guidelines
established
pursuant
5
to
section
598.21B
and
the
provisions
for
medical
support
6
pursuant
to
chapter
252E
.
7
b.
Information
sufficient
to
identify
the
affected
parties
8
and
the
support
order
or
orders
affected.
9
c.
An
explanation
of
the
legal
rights
and
responsibilities
10
of
the
affected
parties,
including
time
frames
in
which
the
11
parties
must
act.
12
d.
A
statement
indicating
whether
the
unit
child
support
13
services
finds
that
an
adjustment
is
appropriate
and
the
basis
14
for
the
determination.
15
e.
Procedures
for
contesting
the
action,
including
that
if
a
16
parent
requests
a
second
review
both
parents
will
be
requested
17
to
submit
financial
or
income
information
as
necessary
for
18
application
of
the
child
support
guidelines
established
19
pursuant
to
section
598.21B
.
20
f.
Other
information
as
appropriate.
21
5.
Section
252H.16,
subsection
5
,
regarding
a
revised
22
notice
of
decision
shall
apply
to
a
notice
of
decision
issued
23
under
this
section
.
24
6.
Each
parent
shall
have
the
right
to
challenge
the
notice
25
of
decision
issued
under
this
section
by
requesting
a
second
26
review
by
the
unit
child
support
services
as
provided
in
27
section
252H.17
.
If
there
is
no
new
or
different
information
28
to
consider
for
the
second
review,
the
unit
child
support
29
services
shall
issue
a
second
notice
of
decision
based
on
prior
30
information.
Each
parent
shall
have
the
right
to
challenge
31
the
second
notice
of
decision
by
requesting
a
court
hearing
as
32
provided
in
section
252H.8
.
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Sec.
936.
Section
252H.15,
subsection
1,
Code
2023,
is
34
amended
to
read
as
follows:
35
1.
Unless
an
action
is
initiated
under
section
252H.14A
,
1
prior
to
conducting
a
review
of
a
support
order,
the
unit
child
2
support
services
shall
issue
a
notice
of
intent
to
review
and
3
adjust
to
each
parent,
or
if
applicable,
to
each
parent’s
4
attorney.
However,
notice
to
a
child
support
agency
or
an
5
agency
entitled
to
receive
child
or
medical
support
payments
as
6
the
result
of
an
assignment
of
support
rights
is
not
required.
7
Sec.
937.
Section
252H.15,
subsection
3,
unnumbered
8
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
9
The
unit
Child
support
services
shall
adopt
rules
pursuant
10
to
chapter
17A
to
ensure
that
all
of
the
following
are
included
11
in
the
notice:
12
Sec.
938.
Section
252H.15,
subsection
3,
paragraph
e,
Code
13
2023,
is
amended
to
read
as
follows:
14
e.
Criteria
for
determining
appropriateness
of
an
adjustment
15
and
a
statement
that
the
unit
child
support
services
will
use
16
the
child
support
guidelines
established
pursuant
to
section
17
598.21B
and
the
provisions
for
medical
support
pursuant
to
18
chapter
252E
to
adjust
the
order.
19
Sec.
939.
Section
252H.16,
Code
2023,
is
amended
to
read
as
20
follows:
21
252H.16
Conducting
the
review
——
notice
of
decision.
22
1.
For
actions
initiated
under
section
252H.15
,
the
unit
23
child
support
services
shall
conduct
the
review
and
determine
24
whether
an
adjustment
is
appropriate.
As
necessary,
the
unit
25
child
support
services
shall
make
a
determination
of
the
26
controlling
order
or
the
amount
of
delinquent
support
due
based
27
upon
the
receipt
of
social
security
disability
payments
as
28
provided
in
sections
598.22
and
598.22C
.
29
2.
Unless
both
parents
have
waived
the
prereview
notice
30
period
as
provided
for
in
section
252H.7
,
the
review
shall
31
not
be
conducted
for
at
least
fifteen
days
from
the
date
both
32
parents
were
successfully
served
with
the
notice
required
in
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section
252H.15
.
34
3.
Upon
completion
of
the
review,
the
unit
child
support
35
services
shall
issue
a
notice
of
decision
by
regular
mail
to
1
the
last
known
address
of
each
parent,
or
if
applicable,
each
2
parent’s
attorney.
3
4.
The
unit
Child
support
services
shall
adopt
rules
4
pursuant
to
chapter
17A
to
ensure
that
all
of
the
following
are
5
included
in
the
notice:
6
a.
Information
sufficient
to
identify
the
affected
parties
7
and
the
support
order
or
orders
affected.
8
b.
A
statement
indicating
whether
the
unit
child
support
9
services
finds
that
an
adjustment
is
appropriate
and
the
basis
10
for
the
determination.
11
c.
Other
information,
as
appropriate.
12
5.
A
revised
notice
of
decision
shall
be
issued
when
the
13
unit
child
support
services
receives
or
becomes
aware
of
new
or
14
different
information
affecting
the
results
of
the
review
after
15
the
notice
of
decision
has
been
issued
and
before
the
entry
of
16
an
administrative
order
adjusting
the
support
order,
when
new
17
or
different
information
is
not
received
in
conjunction
with
18
a
request
for
a
second
review,
or
subsequent
to
a
request
for
19
a
court
hearing.
If
a
revised
notice
of
decision
is
issued,
20
the
time
frames
for
requesting
a
second
review
or
court
hearing
21
shall
apply
from
the
date
of
issuance
of
the
revised
notice.
22
Sec.
940.
Section
252H.17,
Code
2023,
is
amended
to
read
as
23
follows:
24
252H.17
Challenging
the
notice
of
decision
——
second
review
25
——
notice.
26
1.
Each
parent
shall
have
the
right
to
challenge
the
notice
27
of
decision
issued
under
section
252H.14A
or
252H.16
,
by
28
requesting
a
second
review
by
the
unit
child
support
services
.
29
2.
A
challenge
shall
be
submitted,
in
writing,
to
the
30
local
child
support
office
that
issued
the
notice
of
decision
31
services
,
within
thirty
days
of
service
of
the
notice
of
32
decision
under
section
252H.14A
or
within
ten
days
of
the
33
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issuance
of
the
notice
of
decision
under
section
252H.16
.
34
3.
A
parent
challenging
the
notice
of
decision
shall
submit
35
any
new
or
different
information,
not
previously
considered
by
1
the
unit
child
support
services
in
conducting
the
review,
with
2
the
challenge
and
request
for
second
review.
3
4.
A
parent
challenging
the
notice
of
decision
shall
submit
4
any
required
fees
with
the
challenge.
Any
request
submitted
5
without
full
payment
of
the
required
fee
shall
be
denied.
6
5.
If
a
timely
challenge
along
with
any
necessary
fee
7
is
received,
the
unit
child
support
services
shall
issue
by
8
regular
mail
to
the
last
known
address
of
each
parent,
or
if
9
applicable,
to
each
parent’s
attorney,
a
notice
that
a
second
10
review
will
be
conducted.
The
unit
Child
support
services
11
shall
adopt
rules
pursuant
to
chapter
17A
to
ensure
that
all
of
12
the
following
are
included
in
the
notice:
13
a.
A
statement
of
purpose
of
the
second
review.
14
b.
Information
sufficient
to
identify
the
affected
parties
15
and
the
support
order
or
orders
affected.
16
c.
A
statement
of
the
information
that
is
eligible
for
17
consideration
at
the
second
review.
18
d.
The
procedures
and
time
frames
in
conducting
and
19
completing
a
second
review,
including
a
statement
that
only
one
20
second
review
shall
be
conducted
as
the
result
of
a
challenge
21
received
from
either
or
both
parents.
22
e.
An
explanation
of
the
right
to
request
a
court
hearing,
23
and
the
applicable
time
frames
and
procedures
to
follow
in
24
requesting
a
court
hearing.
25
f.
Other
information,
as
appropriate.
26
6.
The
unit
Child
support
services
shall
conduct
a
second
27
review,
utilizing
any
new
or
additional
information
provided
28
or
available
since
issuance
of
the
notice
of
decision
under
29
section
252H.14A
or
under
section
252H.16
,
to
determine
whether
30
an
adjustment
is
appropriate.
31
7.
Upon
completion
of
the
review,
the
unit
child
32
support
services
shall
issue
a
second
notice
of
decision
by
33
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regular
mail
to
the
last
known
address
of
each
parent,
or
if
34
applicable,
to
each
parent’s
attorney.
The
unit
Child
support
35
services
shall
adopt
rules
pursuant
to
chapter
17A
to
ensure
1
that
all
of
the
following
are
included
in
the
notice:
2
a.
Information
sufficient
to
identify
the
affected
parties
3
and
the
support
order
or
orders
affected.
4
b.
The
unit’s
Child
support
services’
finding
resulting
from
5
the
second
review
indicating
whether
the
unit
child
support
6
services
finds
that
an
adjustment
is
appropriate,
the
basis
for
7
the
determination,
and
the
impact
on
the
first
review.
8
c.
An
explanation
of
the
right
to
request
a
court
hearing,
9
and
the
applicable
time
frames
and
procedures
to
follow
in
10
requesting
a
court
hearing.
11
d.
Other
information,
as
appropriate.
12
8.
If
the
determination
resulting
from
the
first
review
13
is
revised
or
reversed
by
the
second
review,
the
following
14
shall
be
issued
to
each
parent
along
with
the
second
notice
of
15
decision
and
the
amount
of
any
proposed
adjustment:
16
a.
Any
updated
or
revised
financial
statements
provided
by
17
either
parent.
18
b.
A
computation
prepared
by
the
local
child
support
office
19
issuing
the
notice
services
,
demonstrating
how
the
amount
of
20
support
due
under
the
child
support
guidelines
was
calculated,
21
and
a
comparison
of
the
newly
computed
amount
with
the
current
22
support
obligation
amount.
23
Sec.
941.
Section
252H.18,
subsection
2,
Code
2023,
is
24
amended
to
read
as
follows:
25
2.
The
unit
Child
support
services
is
providing
services
26
pursuant
to
chapter
252B
.
27
Sec.
942.
Section
252H.18A,
subsection
1,
unnumbered
28
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
29
If
a
support
order
is
not
eligible
for
review
and
adjustment
30
because
the
support
order
is
outside
of
the
minimum
time
frames
31
specified
by
rule
of
the
department,
a
parent
may
request
a
32
review
and
administrative
modification
by
submitting
all
of
the
33
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following
to
the
unit
child
support
services
:
34
Sec.
943.
Section
252H.18A,
subsection
2,
Code
2023,
is
35
amended
to
read
as
follows:
1
2.
Upon
receipt
of
the
request
and
all
documentation
2
required
in
subsection
1
,
the
unit
child
support
services
shall
3
review
the
request
and
documentation
and
if
appropriate
shall
4
issue
a
notice
of
intent
to
modify
as
provided
in
section
5
252H.19
.
6
Sec.
944.
Section
252H.19,
subsection
1,
Code
2023,
is
7
amended
to
read
as
follows:
8
1.
The
unit
Child
support
services
shall
issue
a
notice
of
9
intent
to
modify
to
each
parent.
Notice
to
a
child
support
10
agency
or
an
agency
entitled
to
receive
child
or
medical
11
support
payments
as
the
result
of
an
assignment
of
support
12
rights
is
not
required.
13
Sec.
945.
Section
252H.19,
subsection
2,
unnumbered
14
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
15
The
notice
shall
be
served
upon
each
parent
in
accordance
16
with
the
rules
of
civil
procedure,
except
that
a
parent
17
requesting
modification
shall,
at
the
time
of
the
request,
18
waive
the
right
to
personal
service
of
the
notice
in
writing
19
and
accept
service
by
regular
mail.
The
unit
Child
support
20
services
shall
adopt
rules
pursuant
to
chapter
17A
to
ensure
21
that
all
of
the
following
are
included
in
the
notice:
22
Sec.
946.
Section
252H.20,
Code
2023,
is
amended
to
read
as
23
follows:
24
252H.20
Conference
——
second
notice
and
finding
of
financial
25
responsibility.
26
1.
Each
parent
shall
have
the
right
to
request
a
conference
27
with
the
office
of
the
unit
that
issued
the
notice
of
intent
28
to
modify
child
support
services
.
The
request
may
be
made
in
29
person,
in
writing,
or
by
telephone,
and
shall
be
made
within
30
ten
days
of
the
date
of
successful
service
of
the
notice
of
31
intent
to
modify.
32
2.
A
parent
requesting
a
conference
shall
submit
33
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any
required
fee
no
later
than
the
date
of
the
scheduled
34
conference.
A
conference
shall
not
be
held
unless
the
required
35
fee
is
paid
in
full.
1
3.
Upon
a
request
and
full
payment
of
any
required
fee,
2
the
office
of
the
unit
that
issued
the
notice
of
intent
to
3
modify
child
support
services
shall
schedule
a
conference
with
4
the
parent
and
advise
the
parent
of
the
date,
time,
place,
and
5
procedural
aspects
of
the
conference.
The
unit
Child
support
6
services
shall
adopt
rules
pursuant
to
chapter
17A
to
specify
7
the
manner
in
which
a
conference
is
conducted
and
the
purpose
8
of
the
conference.
9
4.
Following
the
conference,
the
office
of
the
unit
that
10
conducted
the
review
child
support
services
shall
issue
a
11
second
notice
of
proposed
modification
and
finding
of
financial
12
responsibility
to
the
parent
requesting
the
conference.
The
13
unit
Child
support
services
shall
adopt
rules
pursuant
to
14
chapter
17A
to
ensure
that
all
of
the
following
are
included
15
in
the
notice:
16
a.
Information
sufficient
to
identify
the
affected
parties
17
and
the
support
order
or
orders
affected.
18
b.
If
the
unit
child
support
services
will
continue
or
19
terminate
the
action.
20
c.
Procedures
for
contesting
the
action
and
the
applicable
21
time
frames
for
actions
by
the
parents.
22
d.
Other
information,
as
appropriate.
23
Sec.
947.
Section
252H.21,
subsection
2,
paragraph
c,
24
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
25
(2)
Increase
or
decrease
the
amount
of
the
child
support
26
order
calculated
in
subparagraph
(1)
for
each
subsequent
year
27
by
applying
the
appropriate
consumer
price
index
for
each
28
subsequent
year
to
the
result
of
the
calculation
for
the
29
previous
year.
The
final
year
in
the
calculation
shall
be
the
30
year
immediately
preceding
the
year
the
unit
child
support
31
services
received
the
completed
request
for
the
cost-of-living
32
alteration.
33
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Sec.
948.
Section
252H.22,
subsection
3,
Code
2023,
is
34
amended
to
read
as
follows:
35
3.
The
unit
Child
support
services
is
providing
enforcement
1
services
for
the
ongoing
support
obligation
pursuant
to
chapter
2
252B
.
3
Sec.
949.
Section
252H.23,
unnumbered
paragraph
1,
Code
4
2023,
is
amended
to
read
as
follows:
5
A
parent
may
request
a
cost-of-living
alteration
by
6
submitting
all
of
the
following
to
the
unit
child
support
7
services
:
8
Sec.
950.
Section
252H.24,
Code
2023,
is
amended
to
read
as
9
follows:
10
252H.24
Role
of
the
child
support
recovery
unit
services
——
11
filing
and
docketing
of
cost-of-living
alteration
order
——
order
12
effective
as
district
court
order.
13
1.
Upon
receipt
of
a
request
and
required
documentation
for
14
a
cost-of-living
alteration,
the
unit
child
support
services
15
shall
issue
a
notice
of
the
amount
of
cost-of-living
alteration
16
by
regular
mail
to
the
last
known
address
of
each
parent,
17
or,
if
applicable,
each
parent’s
attorney.
The
notice
shall
18
include
all
of
the
following:
19
a.
A
statement
that
either
parent
may
contest
the
20
cost-of-living
alteration
within
thirty
days
of
the
date
of
21
the
notice
by
making
a
request
for
a
review
of
a
support
order
22
as
provided
in
section
252H.13
,
and
if
either
parent
does
not
23
make
a
request
for
a
review
within
thirty
days,
the
unit
child
24
support
services
shall
prepare
an
administrative
order
as
25
provided
in
subsection
4
.
26
b.
A
statement
that
the
parent
may
waive
the
thirty-day
27
notice
waiting
period
provided
for
in
this
section
.
28
2.
Upon
timely
receipt
of
a
request
and
required
29
documentation
for
a
review
of
a
support
order
as
provided
30
in
subsection
1
from
either
parent,
the
unit
child
support
31
services
shall
terminate
the
cost-of-living
alteration
process
32
and
apply
the
provisions
of
subchapters
I
and
II
of
this
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chapter
relating
to
review
and
adjustment.
34
3.
Upon
receipt
of
signed
requests
from
both
parents
subject
35
to
the
support
order,
waiving
the
notice
waiting
period,
the
1
unit
child
support
services
may
prepare
an
administrative
order
2
pursuant
to
subsection
4
altering
the
support
obligation.
3
4.
If
timely
request
for
a
review
pursuant
to
section
4
252H.13
is
not
made,
and
if
the
thirty-day
notice
waiting
5
period
has
expired,
or
if
both
parents
have
waived
the
notice
6
waiting
period,
the
unit
child
support
services
shall
prepare
7
and
present
an
administrative
order
for
a
cost-of-living
8
alteration,
ex
parte,
to
the
district
court
where
the
order
to
9
be
altered
is
filed.
10
5.
Unless
defects
appear
on
the
face
of
the
administrative
11
order
or
on
the
attachments,
the
district
court
shall
approve
12
the
order.
Upon
filing,
the
approved
order
shall
have
the
13
same
force,
effect,
and
attributes
of
an
order
of
the
district
14
court.
15
6.
Upon
filing,
the
clerk
of
the
district
court
shall
enter
16
the
order
in
the
judgment
docket
and
judgment
lien
index.
17
7.
If
the
parents
jointly
waive
the
thirty-day
notice
18
waiting
period,
the
signed
statements
of
both
parents
waiving
19
the
notice
period
shall
be
filed
in
the
court
record
with
the
20
administrative
order
altering
the
support
obligation.
21
8.
The
unit
Child
support
services
shall
send
a
copy
of
22
the
order
by
regular
mail
to
each
parent’s
last
known
address,
23
or,
if
applicable,
to
the
last
known
address
of
the
parent’s
24
attorney.
25
9.
An
administrative
order
approved
by
the
district
court
is
26
final,
and
action
by
the
unit
child
support
services
to
enforce
27
and
collect
upon
the
order
may
be
taken
from
the
date
of
the
28
entry
of
the
order
by
the
district
court.
29
Sec.
951.
Section
252I.1,
Code
2023,
is
amended
to
read
as
30
follows:
31
252I.1
Definitions.
32
As
used
in
this
chapter
,
unless
the
context
otherwise
33
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requires:
34
1.
“Account”
means
“account”
as
defined
in
section
524.103
,
35
the
savings
or
deposits
of
a
member
received
or
being
held
1
by
a
credit
union,
or
certificates
of
deposit.
“Account”
2
also
includes
deposits
held
by
an
agent,
a
broker-dealer,
3
or
an
issuer
as
defined
in
section
502.102
and
money-market
4
mutual
fund
accounts
and
“account”
as
defined
in
42
U.S.C.
5
§666(a)(17).
However,
“account”
does
not
include
amounts
held
6
by
a
financial
institution
as
collateral
for
loans
extended
by
7
the
financial
institution.
8
2.
“Bank”
means
“bank”,
“insured
bank”,
and
“state
bank”
as
9
defined
in
section
524.103
.
10
3.
“Child
support
services”
means
child
support
services
11
created
in
section
252B.2.
12
3.
4.
“Court
order”
means
“support
order”
as
defined
in
13
section
252J.1
.
14
4.
5.
“Credit
union”
means
“credit
union”
as
defined
in
15
section
533.102
.
16
5.
6.
“Financial
institution”
means
“financial
institution”
17
as
defined
in
42
U.S.C.
§669A(d)(1).
“Financial
institution”
18
also
includes
an
institution
which
holds
deposits
for
an
agent,
19
broker-dealer,
or
an
issuer
as
defined
in
section
502.102
.
20
6.
7.
“Obligor”
means
a
person
who
has
been
ordered
by
a
21
court
or
administrative
authority
to
pay
support.
22
7.
8.
“Support”
or
“support
payments”
means
“support”
or
23
“support
payments”
as
defined
in
section
252D.16
.
24
8.
“Unit”
or
“child
support
recovery
unit”
means
the
child
25
support
recovery
unit
created
in
section
252B.2
.
26
9.
“Working
days”
means
only
Monday,
Tuesday,
Wednesday,
27
Thursday,
and
Friday,
but
excluding
the
holidays
specified
in
28
section
1C.2,
subsection
1
.
29
Sec.
952.
Section
252I.2,
Code
2023,
is
amended
to
read
as
30
follows:
31
252I.2
Purpose
and
use.
32
1.
Notwithstanding
other
statutory
provisions
which
provide
33
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for
the
execution,
attachment,
or
levy
against
accounts,
the
34
unit
child
support
services
may
utilize
the
process
established
35
in
this
chapter
to
collect
delinquent
support
payments
provided
1
that
any
exemptions
or
exceptions
which
specifically
apply
to
2
enforcement
of
support
obligations
pursuant
to
other
statutory
3
provisions
also
apply
to
this
chapter
.
4
2.
An
obligor
is
subject
to
the
provisions
of
this
chapter
5
if
the
obligor’s
support
obligation
is
being
enforced
by
the
6
child
support
recovery
unit
services
,
and
if
the
support
7
payments
ordered
under
chapter
232
,
234
,
252A
,
252C
,
252D
,
8
252E
,
252F
,
598
,
600B
,
or
any
other
applicable
chapter,
9
or
under
a
comparable
statute
of
another
state
or
foreign
10
country,
as
certified
to
the
child
support
recovery
unit
11
services
,
are
not
paid
to
the
clerk
of
the
district
court
or
12
the
collection
services
center
pursuant
to
section
598.22
and
13
become
delinquent
in
an
amount
equal
to
the
support
payment
for
14
one
month.
15
3.
Any
amount
forwarded
by
a
financial
institution
under
16
this
chapter
shall
not
exceed
the
amounts
specified
in
15
17
U.S.C.
§1673(b)
and
shall
not
exceed
the
delinquent
or
accrued
18
amount
of
support
owed
by
the
obligor.
19
Sec.
953.
Section
252I.3,
Code
2023,
is
amended
to
read
as
20
follows:
21
252I.3
Initial
notice
to
obligor.
22
The
unit
Child
support
services
or
the
district
court
23
may
include
language
in
any
new
or
modified
support
order
24
issued
on
or
after
July
1,
1994,
notifying
the
obligor
that
25
the
obligor
is
subject
to
the
provisions
of
this
chapter
.
26
However,
this
chapter
is
sufficient
notice
for
implementation
27
of
administrative
levy
provisions
without
further
notice
of
the
28
provisions
of
this
chapter
.
29
Sec.
954.
Section
252I.4,
Code
2023,
is
amended
to
read
as
30
follows:
31
252I.4
Verification
of
accounts
and
immunity
from
liability.
32
1.
The
unit
Child
support
services
may
contact
a
financial
33
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institution
to
obtain
verification
of
the
account
number,
the
34
names
and
social
security
numbers
listed
for
the
account,
and
35
the
account
balance
of
any
account
held
by
an
obligor.
Contact
1
with
a
financial
institution
may
be
by
telephone
or
by
written
2
communication.
The
financial
institution
may
require
positive
3
voice
recognition
and
may
require
the
telephone
number
of
the
4
authorized
person
from
the
unit
child
support
services
before
5
releasing
an
obligor’s
account
information
by
telephone.
6
2.
The
unit
Child
support
services
and
financial
7
institutions
doing
business
in
Iowa
shall
enter
into
agreements
8
to
develop
and
operate
a
data
match
system,
using
automated
9
data
exchanges
to
the
maximum
extent
feasible.
The
data
10
match
system
shall
allow
a
means
by
which
each
financial
11
institution
shall
provide
to
the
unit
child
support
services
12
for
each
calendar
quarter
the
name,
record
address,
social
13
security
number
or
other
taxpayer
identification
number,
and
14
other
identifying
information
for
each
obligor
who
maintains
15
an
account
at
the
institution
and
who
owes
past-due
support,
16
as
identified
by
the
unit
child
support
services
by
name
and
17
social
security
number
or
other
taxpayer
identification
number.
18
The
unit
Child
support
services
shall
work
with
representatives
19
of
financial
institutions
to
develop
a
system
to
assist
20
nonautomated
financial
institutions
in
complying
with
the
21
provisions
of
this
section
.
22
3.
The
unit
Child
support
services
may
pay
a
reasonable
23
fee
to
a
financial
institution
for
conducting
the
data
match
24
required
in
subsection
2
,
not
to
exceed
the
lower
of
either
25
one
hundred
fifty
dollars
for
each
quarterly
data
match
or
the
26
actual
costs
incurred
by
the
financial
institution
for
each
27
quarterly
data
match.
However,
the
unit
child
support
services
28
may
also
adopt
rules
pursuant
to
chapter
17A
to
specify
a
fee
29
amount
for
each
quarterly
data
match
based
upon
the
estimated
30
state
share
of
funds
collected
under
this
chapter
,
which,
31
when
adopted,
shall
be
applied
in
lieu
of
the
one
hundred
32
fifty
dollar
fee
under
this
subsection
.
In
addition,
the
unit
33
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child
support
services
may
pay
a
reasonable
fee
to
a
financial
34
institution
for
automation
programming
development
performed
35
in
order
to
conduct
the
data
match
required
in
subsection
2
,
1
not
to
exceed
the
lower
of
either
five
hundred
dollars
or
2
the
actual
costs
incurred
by
the
financial
institution.
The
3
unit
Child
support
services
may
use
the
state
share
of
funds
4
collected
under
this
chapter
to
pay
the
fees
to
financial
5
institutions
under
this
subsection
.
For
state
fiscal
years
6
beginning
July
1,
1999,
and
July
1,
2000,
the
unit
child
7
support
services
may
use
up
to
one
hundred
percent
of
the
8
state
share
of
such
funds.
For
state
fiscal
years
beginning
9
on
or
after
July
1,
2001,
the
unit
child
support
services
may
10
use
up
to
fifty
percent
of
the
state
share
of
such
funds.
11
Notwithstanding
any
other
provision
of
law
to
the
contrary,
12
a
financial
institution
shall
have
until
a
date
provided
in
13
the
agreement
in
subsection
2
to
submit
its
claim
for
a
fee
14
under
this
subsection
.
If
the
unit
child
support
services
15
does
not
have
sufficient
funds
available
under
this
subsection
16
for
payment
of
fees
under
this
subsection
for
conducting
data
17
matches
or
for
automation
program
development
performed
in
the
18
fiscal
year
beginning
July
1,
1999,
the
cost
may
be
carried
19
forward
to
the
fiscal
year
beginning
July
1,
2000.
The
unit
20
Child
support
services
may
also
use
funds
from
an
amount
21
assessed
a
child
support
agency
of
another
state,
as
defined
in
22
section
252H.2
,
to
conduct
a
data
match
requested
by
that
child
23
support
agency
as
provided
in
42
U.S.C.
§666(a)(14)
to
pay
fees
24
to
financial
institutions
under
this
subsection
.
25
4.
a.
A
financial
institution
is
immune
from
any
liability
26
in
any
action
or
proceeding,
whether
civil
or
criminal,
for
any
27
of
the
following:
28
(1)
The
disclosure
of
any
information
by
a
financial
29
institution
to
the
unit
child
support
services
pursuant
to
30
this
chapter
or
the
rules
or
procedures
adopted
by
the
unit
31
child
support
services
to
implement
this
chapter
,
including
32
disclosure
of
information
relating
to
an
obligor
who
maintains
33
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662
an
account
with
the
financial
institution
or
disclosure
of
34
information
relating
to
any
other
person
who
maintains
an
35
account
with
the
financial
institution
that
is
provided
for
1
the
purpose
of
complying
with
the
data
match
requirements
of
2
this
section
and
with
the
agreement
entered
into
between
the
3
financial
institution
and
the
unit
child
support
services
4
pursuant
to
subsection
2
.
5
(2)
Any
encumbrance
or
surrender
of
any
assets
held
by
a
6
financial
institution
in
response
to
a
notice
of
lien
or
levy
7
issued
by
the
unit
child
support
services
.
8
(3)
Any
action
or
omission
in
connection
with
good
faith
9
efforts
to
comply
with
this
chapter
or
any
rules
or
procedures
10
that
are
adopted
by
the
unit
child
support
services
to
11
implement
this
chapter
.
12
(4)
The
disclosure,
use,
or
misuse
by
the
unit
child
13
support
services
or
by
any
other
person
of
information
provided
14
or
assets
delivered
to
the
unit
child
support
services
by
a
15
financial
institution.
16
b.
For
the
purposes
of
this
section
,
“financial
institution”
17
includes
officers,
directors,
employees,
contractors,
and
18
agents
of
the
financial
institution.
19
5.
The
financial
institution
or
the
unit
child
support
20
services
is
not
liable
for
the
cost
of
any
early
withdrawal
21
penalty
of
an
obligor’s
certificate
of
deposit.
22
Sec.
955.
Section
252I.5,
subsections
1
and
2,
Code
2023,
23
are
amended
to
read
as
follows:
24
1.
If
an
obligor
is
subject
to
this
chapter
under
section
25
252I.2
,
the
unit
child
support
services
may
initiate
an
26
administrative
action
to
levy
against
the
accounts
of
the
27
obligor.
28
2.
The
unit
Child
support
services
may
send
a
notice
to
29
the
financial
institution
with
which
the
account
is
placed,
30
directing
that
the
financial
institution
forward
all
or
a
31
portion
of
the
moneys
in
the
obligor’s
account
or
accounts
to
32
the
collection
services
center
established
pursuant
to
chapter
33
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662
252B
.
The
notice
shall
be
sent
by
regular
mail,
with
proof
of
34
service
completed
according
to
rule
of
civil
procedure
1.442
.
35
Sec.
956.
Section
252I.5,
subsection
3,
paragraph
g,
Code
1
2023,
is
amended
to
read
as
follows:
2
g.
A
telephone
number
,
and
address
,
and
contact
name
of
the
3
for
child
support
recovery
unit
contact
initiating
the
action
4
services
.
5
Sec.
957.
Section
252I.6,
Code
2023,
is
amended
to
read
as
6
follows:
7
252I.6
Administrative
levy
——
notice
to
support
obligor.
8
1.
The
unit
Child
support
services
may
administratively
9
initiate
an
action
to
seize
accounts
of
an
obligor
who
is
10
subject
to
this
chapter
under
section
252I.2
.
11
2.
The
unit
Child
support
services
shall
notify
an
obligor
12
subject
to
this
chapter
,
and
any
other
party
known
to
have
13
an
interest
in
the
account,
of
the
action.
The
notice
shall
14
contain
all
of
the
following:
15
a.
The
name
of
the
obligor.
16
b.
A
statement
that
the
obligor
is
believed
to
have
one
or
17
more
accounts
at
the
financial
institution.
18
c.
A
statement
that
pursuant
to
the
provisions
of
this
19
chapter
,
the
obligor’s
accounts
are
subject
to
seizure
and
the
20
financial
institution
is
authorized
and
required
to
forward
21
moneys
to
the
collection
services
center.
22
d.
The
maximum
amount
to
be
forwarded
by
the
financial
23
institution,
which
shall
not
exceed
the
delinquent
or
accrued
24
amount
of
support
owed
by
the
obligor.
25
e.
The
prescribed
time
frames
within
which
the
financial
26
institution
must
comply.
27
f.
A
statement
that
any
challenge
to
the
action
shall
be
28
in
writing
and
shall
be
received
by
the
child
support
recovery
29
unit
services
within
ten
days
of
the
date
of
the
notice
to
the
30
obligor.
31
g.
The
address
of
the
collection
services
center
and
the
32
collection
services
center
account
number.
33
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h.
A
telephone
number
,
and
address
,
and
contact
name
for
34
the
child
support
recovery
unit
contact
initiating
the
action
35
services
.
1
3.
The
unit
Child
support
services
shall
forward
the
notice
2
to
the
obligor
by
regular
mail
within
two
working
days
of
3
sending
the
notice
to
the
financial
institution
pursuant
to
4
section
252I.5
.
Proof
of
service
shall
be
completed
according
5
to
rule
of
civil
procedure
1.442
.
6
Sec.
958.
Section
252I.7,
subsections
1
and
2,
Code
2023,
7
are
amended
to
read
as
follows:
8
1.
Immediately
encumber
funds
in
all
accounts
in
which
the
9
obligor
has
an
interest
to
the
extent
of
the
debt
indicated
in
10
the
notice
from
the
unit
child
support
services
.
11
2.
No
sooner
than
fifteen
days,
and
no
later
than
twenty
12
days
from
the
date
the
financial
institution
receives
the
13
notice
under
section
252I.5
,
unless
notified
by
the
unit
child
14
support
services
of
a
challenge
by
the
obligor
or
an
account
15
holder
of
interest,
the
financial
institution
shall
forward
the
16
moneys
encumbered
to
the
collection
services
center
with
the
17
obligor’s
name
and
social
security
number,
collection
services
18
center
account
number,
and
any
other
information
required
in
19
the
notice.
20
Sec.
959.
Section
252I.8,
Code
2023,
is
amended
to
read
as
21
follows:
22
252I.8
Challenges
to
action.
23
1.
Challenges
under
this
chapter
may
be
initiated
only
by
an
24
obligor
or
by
an
account
holder
of
interest.
Actions
initiated
25
by
the
unit
child
support
services
under
this
chapter
are
not
26
subject
to
chapter
17A
,
and
resulting
court
hearings
following
27
certification
shall
be
an
original
hearing
before
the
district
28
court.
29
2.
The
person
challenging
the
action
shall
submit
a
written
30
challenge
to
the
person
identified
as
the
contact
for
the
unit
31
in
the
notice
child
support
services
,
within
ten
working
days
32
of
the
date
of
the
notice.
33
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662
3.
The
unit
Child
support
services
shall,
upon
receipt
of
34
a
written
challenge,
review
the
facts
of
the
case
with
the
35
challenging
party.
Only
a
mistake
of
fact,
including
but
1
not
limited
to,
a
mistake
in
the
identity
of
the
obligor
or
2
a
mistake
in
the
amount
of
delinquent
support
due
shall
be
3
considered
as
a
reason
to
dismiss
or
modify
the
proceeding.
4
4.
If
the
unit
child
support
services
determines
that
a
5
mistake
of
fact
has
occurred
the
unit
,
child
support
services
6
shall
proceed
as
follows:
7
a.
If
a
mistake
in
identity
has
occurred
or
the
obligor
is
8
not
delinquent
in
an
amount
equal
to
the
payment
for
one
month,
9
the
unit
child
support
services
shall
notify
the
financial
10
institution
that
the
administrative
levy
has
been
released.
11
The
unit
Child
support
services
shall
provide
a
copy
of
the
12
notice
to
the
support
obligor
by
regular
mail.
13
b.
If
the
obligor
is
delinquent,
but
the
amount
of
the
14
delinquency
is
less
than
the
amount
indicated
in
the
notice,
15
the
unit
child
support
services
shall
notify
the
financial
16
institution
of
the
revised
amount
with
a
copy
of
the
notice
and
17
issue
a
copy
to
the
obligor
or
forward
a
copy
to
the
obligor
18
by
regular
mail.
Upon
written
receipt
of
instructions
from
19
the
unit
child
support
services
,
the
financial
institution
20
shall
release
the
funds
in
excess
of
the
revised
amount
to
21
the
obligor
and
the
moneys
in
the
amount
of
the
debt
shall
be
22
processed
according
to
section
252I.7
.
23
5.
If
the
unit
child
support
services
finds
no
mistake
of
24
fact,
the
unit
child
support
services
shall
provide
a
notice
25
to
that
effect
to
the
challenging
party
by
regular
mail.
Upon
26
written
request
of
the
challenging
party,
the
unit
child
27
support
services
shall
request
a
hearing
before
the
district
28
court
in
the
county
in
which
the
underlying
support
order
is
29
filed.
30
a.
The
financial
institution
shall
encumber
moneys
if
the
31
child
support
recovery
unit
services
notifies
the
financial
32
institution
to
do
so.
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b.
The
clerk
of
the
district
court
shall
schedule
a
hearing
34
upon
the
request
by
the
unit
child
support
services
for
a
35
time
not
later
than
ten
calendar
days
after
the
filing
of
1
the
request
for
hearing.
The
clerk
shall
mail
copies
of
the
2
request
for
hearing
and
the
order
scheduling
the
hearing
to
3
the
unit
child
support
services
and
to
all
account
holders
of
4
interest.
5
c.
If
the
court
finds
that
there
is
a
mistake
of
identity
or
6
that
the
obligor
does
not
owe
the
delinquent
support,
the
unit
7
child
support
services
shall
notify
the
financial
institution
8
that
the
administrative
levy
has
been
released.
9
d.
If
the
court
finds
that
the
obligor
has
an
interest
in
10
the
account,
and
the
amount
of
support
due
was
incorrectly
11
overstated,
the
unit
child
support
services
shall
notify
the
12
financial
institution
to
release
the
excess
moneys
to
the
13
obligor
and
remit
the
remaining
moneys
in
the
amount
of
the
14
debt
to
the
collection
services
center
for
disbursement
to
the
15
appropriate
recipient.
16
e.
If
the
court
finds
that
the
obligor
has
an
interest
17
in
the
account,
and
the
amount
of
support
due
is
correct,
18
the
financial
institution
shall
forward
the
moneys
to
the
19
collection
services
center
for
disbursement
to
the
appropriate
20
recipient.
21
f.
If
the
obligor
or
any
other
party
known
to
have
an
22
interest
in
the
account
fails
to
appear
at
the
hearing,
the
23
court
may
find
the
challenging
party
in
default,
shall
ratify
24
the
administrative
levy,
if
valid
upon
its
face,
and
shall
25
enter
an
order
directing
the
financial
institution
to
release
26
the
moneys
to
the
unit
child
support
services
.
27
g.
Issues
related
to
visitation,
custody,
or
other
28
provisions
not
related
to
levies
against
accounts
are
not
29
grounds
for
a
hearing
under
this
chapter
.
30
h.
Support
orders
shall
not
be
modified
under
a
challenge
31
pursuant
to
this
section
.
32
i.
Any
findings
in
the
challenge
of
an
administrative
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levy
related
to
the
amount
of
the
accruing
or
accrued
support
34
obligation
do
not
modify
the
underlying
support
order.
35
j.
An
order
entered
under
this
chapter
for
a
levy
against
1
an
account
of
a
support
obligor
has
priority
over
a
levy
for
a
2
purpose
other
than
the
support
of
the
dependents
in
the
court
3
order
being
enforced.
4
6.
The
support
obligor
may
withdraw
the
request
for
5
challenge
by
submitting
a
written
withdrawal
to
the
person
6
identified
as
the
contact
for
the
unit
child
support
services
7
in
the
notice
or
the
unit
child
support
services
may
withdraw
8
the
administrative
levy
at
any
time
prior
to
the
court
hearing
9
and
provide
notice
of
the
withdrawal
to
the
obligor
and
any
10
account
holder
of
interest
and
to
the
financial
institution,
by
11
regular
mail.
12
7.
If
the
financial
institution
has
forwarded
moneys
to
13
the
collection
services
center
and
has
deducted
a
fee
from
the
14
moneys
of
the
account,
or
if
any
additional
fees
or
costs
are
15
levied
against
the
account,
and
all
funds
are
subsequently
16
refunded
to
the
account
due
to
a
mistake
of
fact
or
ruling
17
of
the
court,
the
child
support
recovery
unit
services
shall
18
reimburse
the
account
for
any
fees
assessed
by
the
financial
19
institution.
If
the
mistake
of
fact
is
a
mistake
in
the
amount
20
of
support
due
and
any
portion
of
the
moneys
is
retained
as
21
support
payments,
however,
the
unit
child
support
services
is
22
not
required
to
reimburse
the
account
for
any
fees
or
costs
23
levied
against
the
account.
Additionally,
for
the
purposes
24
of
reimbursement
to
the
account
for
any
fees
or
costs,
each
25
certificate
of
deposit
is
considered
a
separate
account.
26
Sec.
960.
Section
252J.1,
Code
2023,
is
amended
to
read
as
27
follows:
28
252J.1
Definitions.
29
As
used
in
this
chapter
,
unless
the
context
otherwise
30
requires:
31
1.
“Certificate
of
noncompliance”
means
a
document
provided
32
by
the
child
support
recovery
unit
services
certifying
that
33
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the
named
individual
is
not
in
compliance
with
any
of
the
34
following:
35
a.
A
support
order.
1
b.
A
written
agreement
for
payment
of
support
entered
into
2
by
the
unit
child
support
services
and
the
obligor.
3
c.
A
subpoena
or
warrant
relating
to
a
paternity
or
support
4
proceeding.
5
2.
“Child
support
services”
means
child
support
services
6
created
in
section
252B.2.
7
3.
“Department”
means
the
department
of
health
and
human
8
services.
9
2.
4.
“Individual”
means
a
parent,
an
obligor,
or
a
10
putative
father
in
a
paternity
or
support
proceeding.
11
3.
5.
“License”
means
a
license,
certification,
12
registration,
permit,
approval,
renewal,
or
other
similar
13
authorization
issued
to
an
individual
by
a
licensing
authority
14
which
evidences
the
admission
to,
or
granting
of
authority
to
15
engage
in,
a
profession,
occupation,
business,
industry,
or
16
recreation
or
to
operate
or
register
a
motor
vehicle.
“License”
17
includes
licenses
for
hunting,
fishing,
boating,
or
other
18
recreational
activity.
19
4.
6.
“Licensee”
means
an
individual
to
whom
a
license
has
20
been
issued,
or
who
is
seeking
the
issuance
of
a
license.
21
5.
7.
“Licensing
authority”
means
a
county
treasurer,
22
county
recorder
or
designated
depositary,
the
supreme
court,
23
or
an
instrumentality,
agency,
board,
commission,
department,
24
officer,
organization,
or
any
other
entity
of
the
state,
which
25
has
authority
within
this
state
to
suspend
or
revoke
a
license
26
or
to
deny
the
renewal
or
issuance
of
a
license
authorizing
an
27
individual
to
register
or
operate
a
motor
vehicle
or
to
engage
28
in
a
business,
occupation,
profession,
recreation,
or
industry.
29
6.
8.
“Obligor”
means
a
natural
person
as
defined
30
in
section
252G.1
who
has
been
ordered
by
a
court
or
31
administrative
authority
to
pay
support.
32
7.
9.
“Subpoena
or
warrant”
means
a
subpoena
or
warrant
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relating
to
a
paternity
or
support
proceeding
initiated
or
34
obtained
by
the
unit
child
support
services
or
a
child
support
35
agency
as
defined
in
section
252H.2
.
1
8.
10.
“Support”
means
support
or
support
payments
as
2
defined
in
section
252D.16
,
whether
established
through
court
3
or
administrative
order.
4
9.
11.
“Support
order”
means
an
order
for
support
issued
5
pursuant
to
chapter
232
,
234
,
252A
,
252C
,
252D
,
252E
,
252F
,
6
252H
,
598
,
600B
,
or
any
other
applicable
chapter,
or
under
7
a
comparable
statute
of
another
state
or
foreign
country
as
8
registered
with
the
clerk
of
the
district
court
or
certified
to
9
the
child
support
recovery
unit
services
.
10
10.
“Unit”
means
the
child
support
recovery
unit
created
in
11
section
252B.2
.
12
11.
12.
“Withdrawal
of
a
certificate
of
noncompliance”
13
means
a
document
provided
by
the
unit
child
support
services
14
certifying
that
the
certificate
of
noncompliance
is
withdrawn
15
and
that
the
licensing
authority
may
proceed
with
issuance,
16
reinstatement,
or
renewal
of
an
individual’s
license.
17
Sec.
961.
Section
252J.2,
Code
2023,
is
amended
to
read
as
18
follows:
19
252J.2
Purpose
and
use.
20
1.
Notwithstanding
other
statutory
provisions
to
the
21
contrary,
and
if
an
individual
has
not
been
cited
for
contempt
22
and
enjoined
from
engaging
in
the
activity
governed
by
a
23
license
pursuant
to
section
598.23A
,
the
unit
child
support
24
services
may
utilize
the
process
established
in
this
chapter
25
to
collect
support.
26
2.
For
cases
in
which
services
are
provided
by
the
unit
27
child
support
services
all
of
the
following
apply:
28
a.
An
obligor
is
subject
to
the
provisions
of
this
chapter
29
if
the
obligor’s
support
obligation
is
being
enforced
by
the
30
unit
child
support
services
,
if
the
support
payments
required
31
by
a
support
order
to
be
paid
to
the
clerk
of
the
district
32
court
or
the
collection
services
center
pursuant
to
section
33
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598.22
are
not
paid
and
become
delinquent
in
an
amount
equal
34
to
the
support
payment
for
three
months,
and
if
the
obligor’s
35
situation
meets
other
criteria
specified
under
rules
adopted
by
1
the
department
pursuant
to
chapter
17A
.
The
criteria
specified
2
by
rule
shall
include
consideration
of
the
length
of
time
since
3
the
obligor’s
last
support
payment
and
the
total
amount
of
4
support
owed
by
the
obligor.
5
b.
An
individual
is
subject
to
the
provisions
of
this
6
chapter
if
the
individual
has
failed,
after
receiving
7
appropriate
notice,
to
comply
with
a
subpoena
or
warrant.
8
3.
Actions
initiated
by
the
unit
child
support
services
9
under
this
chapter
shall
not
be
subject
to
contested
case
10
proceedings
or
further
review
pursuant
to
chapter
17A
and
any
11
resulting
court
hearing
shall
be
an
original
hearing
before
the
12
district
court.
13
4.
Notwithstanding
chapter
22
,
all
of
the
following
apply:
14
a.
Information
obtained
by
the
unit
child
support
services
15
under
this
chapter
shall
be
used
solely
for
the
purposes
of
16
this
chapter
or
chapter
252B
.
17
b.
Information
obtained
by
a
licensing
authority
shall
be
18
used
solely
for
the
purposes
of
this
chapter
.
19
Sec.
962.
Section
252J.3,
Code
2023,
is
amended
to
read
as
20
follows:
21
252J.3
Notice
to
individual
of
potential
sanction
of
license.
22
The
unit
Child
support
services
shall
proceed
in
accordance
23
with
this
chapter
only
if
the
unit
child
support
services
sends
24
a
notice
to
the
individual
by
regular
mail
to
the
last
known
25
address
of
the
individual.
The
notice
shall
include
all
of
the
26
following:
27
1.
The
address
and
telephone
number
of
the
unit
child
28
support
services
and
the
unit
the
child
support
services’
case
29
number.
30
2.
A
statement
that
the
obligor
is
not
in
compliance
with
31
a
support
order
or
the
individual
has
not
complied
with
a
32
subpoena
or
warrant.
33
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3.
A
statement
that
the
individual
may
request
a
conference
34
with
the
unit
child
support
services
to
contest
the
action.
35
4.
A
statement
that
if,
within
twenty
days
of
mailing
of
1
the
notice
to
the
individual,
the
individual
fails
to
contact
2
the
unit
child
support
services
to
schedule
a
conference,
3
the
unit
child
support
services
shall
issue
a
certificate
of
4
noncompliance,
bearing
the
individual’s
name,
social
security
5
number
and
unit
the
child
support
services’
case
number,
to
any
6
appropriate
licensing
authority,
certifying
that
the
obligor
is
7
not
in
compliance
with
a
support
order
or
an
individual
has
not
8
complied
with
a
subpoena
or
warrant.
9
5.
A
statement
that
in
order
to
stay
the
issuance
of
a
10
certificate
of
noncompliance
the
request
for
a
conference
shall
11
be
in
writing
and
shall
be
received
by
the
unit
child
support
12
services
within
twenty
days
of
mailing
of
the
notice
to
the
13
individual.
14
6.
The
names
of
the
licensing
authorities
to
which
the
15
unit
child
support
services
intends
to
issue
a
certificate
of
16
noncompliance.
17
7.
A
statement
that
if
the
unit
child
support
services
18
issues
a
certificate
of
noncompliance
to
an
appropriate
19
licensing
authority,
the
licensing
authority
shall
initiate
20
proceedings
to
refuse
to
issue
or
renew,
or
to
suspend
or
21
revoke
the
individual’s
license,
unless
the
unit
child
support
22
services
provides
the
licensing
authority
with
a
withdrawal
of
23
a
certificate
of
noncompliance.
24
Sec.
963.
Section
252J.4,
Code
2023,
is
amended
to
read
as
25
follows:
26
252J.4
Conference.
27
1.
The
individual
may
schedule
a
conference
with
the
unit
28
child
support
services
following
mailing
of
the
notice
pursuant
29
to
section
252J.3
,
or
at
any
time
after
service
of
notice
of
30
suspension,
revocation,
denial
of
issuance,
or
nonrenewal
of
31
a
license
from
a
licensing
authority,
to
challenge
the
unit’s
32
child
support
services’
actions
under
this
chapter
.
33
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2.
The
request
for
a
conference
shall
be
made
to
the
unit
34
child
support
services
,
in
writing,
and,
if
requested
after
35
mailing
of
the
notice
pursuant
to
section
252J.3
,
shall
be
1
received
by
the
unit
child
support
services
within
twenty
days
2
following
mailing
of
the
notice.
3
3.
The
unit
Child
support
services
shall
notify
the
4
individual
of
the
date,
time,
and
location
of
the
conference
by
5
regular
mail,
with
the
date
of
the
conference
to
be
no
earlier
6
than
ten
days
following
issuance
of
notice
of
the
conference
7
by
the
unit
child
support
services
,
unless
the
individual
and
8
the
unit
child
support
services
agree
to
an
earlier
date
which
9
may
be
the
same
date
the
individual
requests
the
conference.
10
If
the
individual
fails
to
appear
at
the
conference,
the
11
unit
child
support
services
shall
issue
a
certificate
of
12
noncompliance.
13
4.
Following
the
conference,
the
unit
child
support
14
services
shall
issue
a
certificate
of
noncompliance
unless
any
15
of
the
following
applies:
16
a.
The
unit
Child
support
services
finds
a
mistake
in
the
17
identity
of
the
individual.
18
b.
The
unit
Child
support
services
finds
a
mistake
in
19
determining
that
the
amount
of
delinquent
support
is
equal
to
20
or
greater
than
three
months.
21
c.
The
obligor
enters
a
written
agreement
with
the
unit
22
child
support
services
to
comply
with
a
support
order,
the
23
obligor
complies
with
an
existing
written
agreement
to
comply
24
with
a
support
order,
or
the
obligor
pays
the
total
amount
of
25
delinquent
support
due.
26
d.
Issuance
of
a
certificate
of
noncompliance
is
not
27
appropriate
under
other
criteria
established
in
accordance
with
28
rules
adopted
by
the
department
pursuant
to
chapter
17A
.
29
e.
The
unit
Child
support
services
finds
a
mistake
in
30
determining
the
compliance
of
the
individual
with
a
subpoena
31
or
warrant.
32
f.
The
individual
complies
with
a
subpoena
or
warrant.
33
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5.
The
unit
Child
support
services
shall
grant
the
34
individual
a
stay
of
the
issuance
of
a
certificate
of
35
noncompliance
upon
receiving
a
timely
written
request
1
for
a
conference,
and
if
a
certificate
of
noncompliance
2
has
previously
been
issued,
shall
issue
a
withdrawal
of
a
3
certificate
of
noncompliance
if
the
obligor
enters
into
a
4
written
agreement
with
the
unit
child
support
services
to
5
comply
with
a
support
order
or
if
the
individual
complies
with
6
a
subpoena
or
warrant.
7
6.
If
the
individual
does
not
timely
request
a
conference
8
or
does
not
comply
with
a
subpoena
or
warrant
or
if
the
9
obligor
does
not
pay
the
total
amount
of
delinquent
support
10
owed
within
twenty
days
of
mailing
of
the
notice
pursuant
to
11
section
252J.3
,
the
unit
child
support
services
shall
issue
a
12
certificate
of
noncompliance.
13
Sec.
964.
Section
252J.5,
Code
2023,
is
amended
to
read
as
14
follows:
15
252J.5
Written
agreement.
16
1.
If
an
obligor
is
subject
to
this
chapter
as
established
17
in
section
252J.2,
subsection
2
,
paragraph
“a”
,
the
obligor
18
and
the
unit
child
support
services
may
enter
into
a
written
19
agreement
for
payment
of
support
and
compliance
which
takes
20
into
consideration
the
obligor’s
ability
to
pay
and
other
21
criteria
established
by
rule
of
the
department.
The
written
22
agreement
shall
include
all
of
the
following:
23
a.
The
method,
amount,
and
dates
of
support
payments
by
the
24
obligor.
25
b.
A
statement
that
upon
breach
of
the
written
agreement
26
by
the
obligor,
the
unit
child
support
services
shall
issue
27
a
certificate
of
noncompliance
to
any
appropriate
licensing
28
authority.
29
2.
A
written
agreement
entered
into
pursuant
to
this
section
30
does
not
preclude
any
other
remedy
provided
by
law
and
shall
31
not
modify
or
affect
an
existing
support
order.
32
3.
Following
issuance
of
a
certificate
of
noncompliance,
33
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if
the
obligor
enters
into
a
written
agreement
with
the
unit
34
child
support
services
,
the
unit
child
support
services
shall
35
issue
a
withdrawal
of
the
certificate
of
noncompliance
to
any
1
appropriate
licensing
authority
and
shall
forward
a
copy
of
the
2
withdrawal
by
regular
mail
to
the
obligor.
3
Sec.
965.
Section
252J.6,
Code
2023,
is
amended
to
read
as
4
follows:
5
252J.6
Decision
of
the
unit
child
support
services
.
6
1.
If
an
obligor
is
not
in
compliance
with
a
support
order
7
or
the
individual
is
not
in
compliance
with
a
subpoena
or
8
warrant
pursuant
to
section
252J.2
,
the
unit
child
support
9
services
mails
a
notice
to
the
individual
pursuant
to
section
10
252J.3
,
and
the
individual
requests
a
conference
pursuant
to
11
section
252J.4
,
the
unit
child
support
services
shall
issue
a
12
written
decision
if
any
of
the
following
conditions
exists:
13
a.
The
individual
fails
to
appear
at
a
scheduled
conference
14
under
section
252J.4
.
15
b.
A
conference
is
held
under
section
252J.4
.
16
c.
The
obligor
fails
to
comply
with
a
written
agreement
17
entered
into
by
the
obligor
and
the
unit
child
support
services
18
under
section
252J.5
.
19
2.
The
unit
Child
support
services
shall
send
a
copy
of
20
the
written
decision
to
the
individual
by
regular
mail
at
the
21
individual’s
most
recent
address
of
record.
If
the
decision
22
is
made
to
issue
a
certificate
of
noncompliance
or
to
withdraw
23
the
certificate
of
noncompliance,
a
copy
of
the
certificate
24
of
noncompliance
or
of
the
withdrawal
of
the
certificate
of
25
noncompliance
shall
be
attached
to
the
written
decision.
The
26
written
decision
shall
state
all
of
the
following:
27
a.
That
the
certificate
of
noncompliance
or
withdrawal
28
of
the
certificate
of
noncompliance
has
been
provided
to
the
29
licensing
authorities
named
in
the
notice
provided
pursuant
to
30
section
252J.3
.
31
b.
That
upon
receipt
of
a
certificate
of
noncompliance,
32
the
licensing
authority
shall
initiate
proceedings
to
suspend,
33
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revoke,
deny
issuance,
or
deny
renewal
of
a
license,
unless
34
the
licensing
authority
is
provided
with
a
withdrawal
of
a
35
certificate
of
noncompliance
from
the
unit
child
support
1
services
.
2
c.
That
in
order
to
obtain
a
withdrawal
of
a
certificate
of
3
noncompliance
from
the
unit
child
support
services
,
the
obligor
4
shall
enter
into
a
written
agreement
with
the
unit
child
5
support
services
,
comply
with
an
existing
written
agreement
6
with
the
unit
child
support
services
,
or
pay
the
total
amount
7
of
delinquent
support
owed
or
the
individual
shall
comply
with
8
a
subpoena
or
warrant.
9
d.
That
if
the
unit
child
support
services
issues
a
written
10
decision
which
includes
a
certificate
of
noncompliance,
that
11
all
of
the
following
apply:
12
(1)
The
individual
may
request
a
hearing
as
provided
in
13
section
252J.9
,
before
the
district
court
as
follows:
14
(a)
If
the
action
is
a
result
of
section
252J.2,
subsection
15
2
,
paragraph
“a”
,
in
the
county
in
which
the
underlying
support
16
order
is
filed,
by
filing
a
written
application
to
the
court
17
challenging
the
issuance
of
the
certificate
of
noncompliance
18
by
the
unit
child
support
services
and
sending
a
copy
of
the
19
application
to
the
unit
child
support
services
within
the
time
20
period
specified
in
section
252J.9
.
21
(b)
If
the
action
is
a
result
of
section
252J.2,
subsection
22
2
,
paragraph
“b”
,
and
the
individual
is
not
an
obligor,
in
the
23
county
in
which
the
dependent
child
or
children
reside
if
the
24
child
or
children
reside
in
Iowa;
in
the
county
in
which
the
25
dependent
child
or
children
last
received
public
assistance
if
26
the
child
or
children
received
public
assistance
in
Iowa;
or
27
in
the
county
in
which
the
individual
resides
if
the
action
is
28
the
result
of
a
request
from
a
child
support
agency
in
another
29
state
or
foreign
country.
30
(2)
The
individual
may
retain
an
attorney
at
the
31
individual’s
own
expense
to
represent
the
individual
at
the
32
hearing.
33
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662
(3)
The
scope
of
review
of
the
district
court
shall
be
34
limited
to
demonstration
of
a
mistake
of
fact
related
to
the
35
delinquency
of
the
obligor
or
the
compliance
of
the
individual
1
with
a
subpoena
or
warrant.
2
3.
If
the
unit
child
support
services
issues
a
certificate
3
of
noncompliance,
the
unit
child
support
services
shall
only
4
issue
a
withdrawal
of
the
certificate
of
noncompliance
if
any
5
of
the
following
applies:
6
a.
The
unit
Child
support
services
or
the
court
finds
a
7
mistake
in
the
identity
of
the
individual.
8
b.
The
unit
Child
support
services
finds
a
mistake
in
9
determining
compliance
with
a
subpoena
or
warrant.
10
c.
The
unit
Child
support
services
or
the
court
finds
a
11
mistake
in
determining
that
the
amount
of
delinquent
support
12
due
is
equal
to
or
greater
than
three
months.
13
d.
The
obligor
enters
a
written
agreement
with
the
unit
14
child
support
services
to
comply
with
a
support
order,
the
15
obligor
complies
with
an
existing
written
agreement
to
comply
16
with
a
support
order,
or
the
obligor
pays
the
total
amount
of
17
delinquent
support
owed.
18
e.
The
individual
complies
with
the
subpoena
or
warrant.
19
f.
Issuance
of
a
withdrawal
of
the
certificate
of
20
noncompliance
is
appropriate
under
other
criteria
in
accordance
21
with
rules
adopted
by
the
department
pursuant
to
chapter
17A
.
22
Sec.
966.
Section
252J.7,
subsection
1,
Code
2023,
is
23
amended
to
read
as
follows:
24
1.
If
the
individual
fails
to
respond
to
the
notice
of
25
potential
license
sanction
provided
pursuant
to
section
252J.3
26
or
the
unit
child
support
services
issues
a
written
decision
27
under
section
252J.6
which
states
that
the
individual
is
not
28
in
compliance,
the
unit
child
support
services
shall
issue
29
a
certificate
of
noncompliance
to
any
appropriate
licensing
30
authority.
31
Sec.
967.
Section
252J.8,
subsection
2,
Code
2023,
is
32
amended
to
read
as
follows:
33
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2.
In
addition
to
other
grounds
for
suspension,
revocation,
34
or
denial
of
issuance
or
renewal
of
a
license,
a
licensing
35
authority
shall
include
in
rules
adopted
by
the
licensing
1
authority
as
grounds
for
suspension,
revocation,
or
denial
of
2
issuance
or
renewal
of
a
license,
the
receipt
of
a
certificate
3
of
noncompliance
from
the
unit
child
support
services
.
4
Sec.
968.
Section
252J.8,
subsection
4,
paragraph
c,
5
subparagraphs
(1),
(2),
and
(3),
Code
2023,
are
amended
to
read
6
as
follows:
7
(1)
The
licensing
authority
intends
to
suspend,
revoke,
or
8
deny
issuance
or
renewal
of
an
individual’s
license
due
to
the
9
receipt
of
a
certificate
of
noncompliance
from
the
unit
child
10
support
services
.
11
(2)
The
individual
must
contact
the
unit
child
support
12
services
to
schedule
a
conference
or
to
otherwise
obtain
a
13
withdrawal
of
a
certificate
of
noncompliance.
14
(3)
Unless
the
unit
child
support
services
furnishes
a
15
withdrawal
of
a
certificate
of
noncompliance
to
the
licensing
16
authority
within
thirty
days
of
the
issuance
of
the
notice
17
under
this
section
,
the
individual’s
license
will
be
revoked,
18
suspended,
or
denied.
19
Sec.
969.
Section
252J.8,
subsection
5,
Code
2023,
is
20
amended
to
read
as
follows:
21
5.
If
the
licensing
authority
receives
a
withdrawal
of
22
a
certificate
of
noncompliance
from
the
unit
child
support
23
services
,
the
licensing
authority
shall
immediately
reinstate,
24
renew,
or
issue
a
license
if
the
individual
is
otherwise
in
25
compliance
with
licensing
requirements
established
by
the
26
licensing
authority.
27
Sec.
970.
Section
252J.9,
subsection
1,
unnumbered
28
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
29
Following
the
issuance
of
a
written
decision
by
the
unit
30
child
support
services
under
section
252J.6
which
includes
31
the
issuance
of
a
certificate
of
noncompliance,
or
following
32
provision
of
notice
to
the
individual
by
a
licensing
authority
33
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pursuant
to
section
252J.8
,
an
individual
may
seek
review
of
34
the
decision
and
request
a
hearing
before
the
district
court
35
as
follows:
1
Sec.
971.
Section
252J.9,
subsection
1,
paragraph
a,
Code
2
2023,
is
amended
to
read
as
follows:
3
a.
If
the
action
is
a
result
of
section
252J.2,
subsection
4
2
,
paragraph
“a”
,
in
the
county
in
which
the
underlying
support
5
order
is
filed,
by
filing
an
application
with
the
district
6
court,
and
sending
a
copy
of
the
application
to
the
unit
by
7
regular
mail
child
support
services
.
8
Sec.
972.
Section
252J.9,
subsections
2
and
6,
Code
2023,
9
are
amended
to
read
as
follows:
10
2.
An
application
shall
be
filed
to
seek
review
of
the
11
decision
by
the
unit
child
support
services
or
following
12
issuance
of
notice
by
the
licensing
authority
no
later
than
13
within
thirty
days
after
the
issuance
of
the
notice
pursuant
to
14
section
252J.8
.
The
clerk
of
the
district
court
shall
schedule
15
a
hearing
and
mail
a
copy
of
the
order
scheduling
the
hearing
16
to
the
individual
and
the
unit
child
support
services
and
shall
17
also
mail
a
copy
of
the
order
to
the
licensing
authority,
if
18
applicable.
The
unit
Child
support
services
shall
certify
a
19
copy
of
its
written
decision
and
certificate
of
noncompliance,
20
indicating
the
date
of
issuance,
and
the
licensing
authority
21
shall
certify
a
copy
of
a
notice
issued
pursuant
to
section
22
252J.8
,
to
the
court
prior
to
the
hearing.
23
6.
If
the
court
finds
that
the
unit
child
support
services
24
was
in
error
in
issuing
a
certificate
of
noncompliance,
25
or
in
failing
to
issue
a
withdrawal
of
a
certificate
of
26
noncompliance,
the
unit
child
support
services
shall
issue
a
27
withdrawal
of
a
certificate
of
noncompliance
to
the
appropriate
28
licensing
authority.
29
Sec.
973.
Section
252K.103,
Code
2023,
is
amended
to
read
30
as
follows:
31
252K.103
State
tribunal
and
support
enforcement
agency.
32
1.
The
child
Child
support
recovery
unit
services
when
33
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the
unit
child
support
services
establishes
or
modifies
an
34
order,
upon
ratification
by
the
court,
and
the
court,
are
the
35
tribunals
of
this
state.
1
2.
The
child
Child
support
recovery
unit
services
created
in
2
section
252B.2
is
the
support
enforcement
agency
of
this
state.
3
Sec.
974.
Section
252K.201,
subsection
1,
paragraph
g,
Code
4
2023,
is
amended
to
read
as
follows:
5
g.
The
individual
asserted
parentage
of
a
child
in
the
6
declaration
of
paternity
registry
maintained
in
this
state
7
by
the
Iowa
department
of
public
health
and
human
services
8
pursuant
to
section
144.12A
or
established
paternity
by
9
affidavit
under
section
252A.3A
.
10
Sec.
975.
Section
252K.310,
subsection
1,
Code
2023,
is
11
amended
to
read
as
follows:
12
1.
The
child
Child
support
recovery
unit
services
is
the
13
state
information
agency
under
this
chapter
.
14
Sec.
976.
Section
252K.319,
subsection
2,
unnumbered
15
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
16
If
neither
the
obligor,
nor
the
obligee
who
is
an
individual,
17
nor
the
child
resides
in
this
state,
upon
request
from
the
18
support
enforcement
agency
of
this
state
or
another
state,
the
19
child
support
recovery
unit
services
or
a
tribunal
of
this
20
state
shall:
21
Sec.
977.
Section
252K.703,
Code
2023,
is
amended
to
read
22
as
follows:
23
252K.703
Relationship
of
child
support
recovery
unit
services
24
to
United
States
central
authority.
25
The
child
Child
support
recovery
unit
services
of
this
state
26
is
recognized
as
the
agency
designated
by
the
United
States
27
central
authority
to
perform
specific
functions
under
the
28
convention.
29
Sec.
978.
Section
252K.704,
Code
2023,
is
amended
to
read
30
as
follows:
31
252K.704
Initiation
by
child
support
recovery
unit
services
32
of
support
proceeding
under
convention.
33
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1.
In
a
support
proceeding
under
this
article
,
the
child
34
support
recovery
unit
services
of
this
state
shall:
35
a.
Transmit
and
receive
applications.
1
b.
Initiate
or
facilitate
the
institution
of
a
proceeding
2
regarding
an
application
in
a
tribunal
of
this
state.
3
2.
The
following
support
proceedings
are
available
to
an
4
obligee
under
the
convention:
5
a.
Recognition
or
recognition
and
enforcement
of
a
foreign
6
support
order.
7
b.
Enforcement
of
a
support
order
issued
or
recognized
in
8
this
state.
9
c.
Establishment
of
a
support
order
if
there
is
no
existing
10
order,
including,
if
necessary,
determination
of
parentage
of
a
11
child.
12
d.
Establishment
of
a
support
order
if
recognition
of
13
a
foreign
support
order
is
refused
under
section
252K.708,
14
subsection
2
,
paragraph
“b”
,
“d”
,
or
“i”
.
15
e.
Modification
of
a
support
order
of
a
tribunal
of
this
16
state.
17
f.
Modification
of
a
support
order
of
a
tribunal
of
another
18
state
or
a
foreign
country.
19
3.
The
following
support
proceedings
are
available
under
20
the
convention
to
an
obligor
against
which
there
is
an
existing
21
support
order:
22
a.
Recognition
of
an
order
suspending
or
limiting
23
enforcement
of
an
existing
support
order
of
a
tribunal
of
this
24
state.
25
b.
Modification
of
a
support
order
of
a
tribunal
of
this
26
state.
27
c.
Modification
of
a
support
order
of
a
tribunal
of
another
28
state
or
a
foreign
country.
29
4.
A
tribunal
of
this
state
may
not
require
security,
bond,
30
or
deposit,
however
described,
to
guarantee
the
payment
of
31
costs
and
expenses
in
proceedings
under
the
convention.
32
Sec.
979.
Section
252K.705,
subsection
4,
Code
2023,
is
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amended
to
read
as
follows:
34
4.
A
petitioner
filing
a
direct
request
is
not
entitled
to
35
assistance
from
the
child
support
recovery
unit
services
.
1
Sec.
980.
Section
252K.708,
subsection
3,
paragraph
b,
Code
2
2023,
is
amended
to
read
as
follows:
3
b.
The
child
Child
support
recovery
unit
services
shall
take
4
all
appropriate
measures
to
request
a
child
support
order
for
5
the
obligee
if
the
application
for
recognition
and
enforcement
6
was
received
under
section
252K.704
.
7
Sec.
981.
Section
256.1,
subsection
1,
paragraph
e,
Code
8
2023,
is
amended
to
read
as
follows:
9
e.
Educational
supervision
over
the
elementary
and
secondary
10
schools
under
the
control
of
an
administrator
of
a
division
of
11
the
department
of
health
and
human
services.
12
Sec.
982.
Section
256.9,
subsection
15,
Code
2023,
is
13
amended
to
read
as
follows:
14
15.
Provide
the
same
educational
supervision
for
the
15
schools
maintained
by
the
director
of
health
and
human
services
16
as
is
provided
for
the
public
schools
of
the
state
and
make
17
recommendations
to
the
director
of
health
and
human
services
18
for
the
improvement
of
the
educational
program
in
those
19
institutions.
20
Sec.
983.
Section
256.9,
subsection
31,
paragraph
b,
Code
21
2023,
is
amended
to
read
as
follows:
22
b.
Standards
and
materials
developed
shall
include
materials
23
which
employ
developmentally
appropriate
practices
and
24
incorporate
substantial
parental
involvement.
The
materials
25
and
standards
shall
include
alternative
teaching
approaches
26
including
collaborative
teaching
and
alternative
dispute
27
resolution
training.
The
department
shall
consult
with
the
28
child
development
coordinating
council,
the
state
child
care
29
advisory
committee
established
pursuant
to
section
135.173A
,
30
the
department
of
health
and
human
services,
the
state
board
31
of
regents
center
for
early
developmental
education,
the
32
area
education
agencies,
the
department
of
human
development
33
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and
family
studies
in
the
college
of
human
sciences
at
34
Iowa
state
university
of
science
and
technology,
the
early
35
childhood
elementary
division
of
the
college
of
education
at
1
the
university
of
Iowa,
and
the
college
of
education
at
the
2
university
of
northern
Iowa,
in
developing
these
standards
and
3
materials.
4
Sec.
984.
Section
256.9,
subsection
46,
paragraph
a,
Code
5
2023,
is
amended
to
read
as
follows:
6
a.
Develop
and
make
available
to
school
districts,
examples
7
of
age-appropriate
and
research-based
materials
and
lists
8
of
resources
which
parents
may
use
to
teach
their
children
9
to
recognize
unwanted
physical
and
verbal
sexual
advances,
10
to
not
make
unwanted
physical
and
verbal
sexual
advances,
11
to
effectively
reject
unwanted
sexual
advances,
that
it
is
12
wrong
to
take
advantage
of
or
exploit
another
person,
about
13
the
dangers
of
sexual
exploitation
by
means
of
the
internet
14
including
specific
strategies
to
help
students
protect
15
themselves
and
their
personally
identifiable
information
16
from
such
exploitation,
and
about
counseling,
medical,
and
17
legal
resources
available
to
survivors
of
sexual
abuse
and
18
sexual
assault,
including
resources
for
escaping
violent
19
relationships.
The
materials
and
resources
shall
cover
verbal,
20
physical,
and
visual
sexual
harassment,
including
nonconsensual
21
sexual
advances,
and
nonconsensual
physical
sexual
contact.
In
22
developing
the
materials
and
resource
list,
the
director
shall
23
consult
with
entities
that
shall
include
but
not
be
limited
to
24
the
departments
of
health
and
human
services
,
public
health,
25
and
public
safety,
education
stakeholders,
and
parent-teacher
26
organizations.
School
districts
shall
provide
age-appropriate
27
and
research-based
materials
and
a
list
of
available
community
28
and
internet-based
resources
to
parents
at
registration
and
29
shall
also
include
the
age-appropriate
and
research-based
30
materials
and
resource
list
in
the
student
handbook.
School
31
districts
are
encouraged
to
work
with
their
communities
to
32
provide
voluntary
parent
education
sessions
to
provide
parents
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with
the
skills
and
appropriate
strategies
to
teach
their
34
children
as
described
in
this
subsection
.
School
districts
35
shall
incorporate
the
age-appropriate
and
research-based
1
materials
into
relevant
curricula
and
shall
reinforce
the
2
importance
of
preventive
measures
when
reasonable
with
parents
3
and
students.
4
Sec.
985.
Section
256.9,
subsection
50,
unnumbered
5
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
6
Convene,
in
collaboration
with
the
department
of
public
7
health
and
human
services
,
a
nutrition
advisory
panel
to
8
review
research
in
pediatric
nutrition
conducted
in
compliance
9
with
accepted
scientific
methods
by
recognized
professional
10
organizations
and
agencies
including
but
not
limited
to
the
11
institute
of
medicine.
The
advisory
panel
shall
submit
its
12
findings
and
recommendations,
which
shall
be
consistent
with
13
the
dietary
guidelines
for
Americans
published
jointly
by
the
14
United
States
department
of
health
and
human
services
and
15
department
of
agriculture
if
in
the
judgment
of
the
advisory
16
panel
the
guidelines
are
supported
by
the
research
findings,
in
17
a
report
to
the
state
board.
The
advisory
panel
may
submit
to
18
the
state
board
recommendations
on
standards
related
to
federal
19
school
food
programs
if
the
recommendations
are
intended
to
20
exceed
the
existing
federal
guidelines.
The
state
board
21
shall
consider
the
advisory
panel
report
when
establishing
or
22
amending
the
nutritional
content
standards
required
pursuant
23
to
section
256.7,
subsection
29
.
The
director
shall
convene
24
the
advisory
panel
by
July
1,
2008,
and
every
five
years
25
thereafter
to
review
the
report
and
make
recommendations
for
26
changes
as
appropriate.
The
advisory
panel
shall
include
27
but
is
not
limited
to
at
least
one
Iowa
state
university
28
extension
nutrition
and
health
field
specialist
and
at
least
29
one
representative
from
each
of
the
following:
30
Sec.
986.
Section
256.11,
subsection
5,
paragraph
j,
31
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
32
(1)
One
unit
of
health
education
which
shall
include
33
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personal
health;
food
and
nutrition;
environmental
health;
34
safety
and
survival
skills;
consumer
health;
family
life;
35
age-appropriate
and
research-based
human
growth
and
1
development;
substance
abuse
use
disorder
and
nonuse;
emotional
2
and
social
health;
health
resources;
and
prevention
and
control
3
of
disease,
including
age-appropriate
and
research-based
4
information
regarding
sexually
transmitted
diseases,
including
5
HPV
and
the
availability
of
a
vaccine
to
prevent
HPV,
and
6
acquired
immune
deficiency
syndrome.
7
Sec.
987.
Section
256.16,
subsection
1,
paragraphs
b
and
l,
8
Code
2023,
are
amended
to
read
as
follows:
9
b.
Include
in
the
professional
education
program,
10
preparation
that
contributes
to
the
education
of
students
11
with
disabilities
and
students
who
are
gifted
and
talented,
12
preparation
in
developing
and
implementing
individualized
13
education
programs
and
behavioral
intervention
plans,
14
preparation
for
educating
individuals
in
the
least
restrictive
15
environment
and
identifying
that
environment,
strategies
that
16
address
difficult
and
violent
student
behavior
and
improve
17
academic
engagement
and
achievement,
and
preparation
in
18
classroom
management
addressing
high-risk
behaviors
including
19
but
not
limited
to
behaviors
related
to
substance
abuse
use
20
disorder
.
Preparation
required
under
this
paragraph
must
be
21
successfully
completed
before
graduation
from
the
practitioner
22
preparation
program.
23
l.
If
the
rules
adopted
by
the
board
of
educational
24
examiners
for
issuance
of
any
type
or
class
of
license
require
25
an
applicant
to
complete
work
in
student
teaching,
pre-student
26
teaching
experiences,
field
experiences,
practicums,
clinicals,
27
or
internships,
enter
into
a
written
contract
with
any
school
28
district,
accredited
nonpublic
school,
preschool
registered
or
29
licensed
by
the
department
of
health
and
human
services,
or
30
area
education
agency
in
Iowa,
to
provide
for
such
work
under
31
terms
and
conditions
as
agreed
upon
by
the
contracting
parties.
32
The
terms
and
conditions
of
a
written
contract
entered
into
33
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with
a
preschool
pursuant
to
this
paragraph
shall
require
34
that
a
student
teacher
be
under
the
direct
supervision
of
an
35
appropriately
licensed
cooperating
teacher
who
is
employed
1
to
teach
at
the
preschool.
Students
actually
teaching
or
2
engaged
in
preservice
licensure
activities
in
a
school
district
3
under
the
terms
of
such
a
contract
are
entitled
to
the
same
4
protection
under
section
670.8
as
is
afforded
by
that
section
5
to
officers
and
employees
of
the
school
district,
during
the
6
time
such
students
are
so
assigned.
7
Sec.
988.
Section
256.35A,
subsection
2,
paragraph
b,
Code
8
2023,
is
amended
to
read
as
follows:
9
b.
In
addition,
representatives
of
the
department
of
10
education,
the
division
of
vocational
rehabilitation
of
the
11
department
of
education
workforce
development
,
the
department
12
of
public
health,
the
department
of
health
and
human
services,
13
the
Iowa
developmental
disabilities
council,
the
division
14
of
insurance
of
the
department
of
commerce,
and
the
state
15
board
of
regents
shall
serve
as
ex
officio
members
of
the
16
advisory
council.
Ex
officio
members
shall
work
together
in
17
a
collaborative
manner
to
serve
as
a
resource
to
the
advisory
18
council.
The
council
may
also
form
workgroups
as
necessary
19
to
address
specific
issues
within
the
technical
purview
of
20
individual
members.
21
Sec.
989.
Section
256.39,
subsection
5,
Code
2023,
is
22
amended
to
read
as
follows:
23
5.
In
developing
career
pathways
program
efforts,
each
24
consortium
shall
make
every
effort
to
cooperate
with
the
25
juvenile
courts,
the
economic
development
authority,
the
26
department
of
workforce
development,
the
department
of
health
27
and
human
services,
and
the
new
Iowa
schools
development
28
corporation.
29
Sec.
990.
Section
256.46,
subsection
1,
paragraph
g,
Code
30
2023,
is
amended
to
read
as
follows:
31
g.
The
child
is
a
participant
in
a
substance
abuse
use
32
disorder
or
mental
health
program.
33
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Sec.
991.
Section
256A.2,
Code
2023,
is
amended
to
read
as
34
follows:
35
256A.2
Child
development
coordinating
council
established.
1
1.
A
child
development
coordinating
council
is
established
2
to
promote
the
provision
of
child
development
services
to
3
at-risk
three-year-old
and
four-year-old
children.
The
council
4
shall
consist
of
the
following
members:
5
a.
The
administrator
of
the
division
of
adult,
children
6
and
family
services
of
the
department
of
human
services
or
the
7
administrator’s
designee.
8
b.
a.
The
director
of
the
department
of
education
or
the
9
director’s
designee.
10
c.
b.
The
director
of
health
and
human
services
or
the
11
director’s
designee.
12
d.
The
director
of
the
department
of
public
health
or
the
13
director’s
designee.
14
e.
c.
An
early
childhood
specialist
of
an
area
education
15
agency
selected
by
the
area
education
agency
administrators.
16
f.
d.
The
dean
of
the
college
of
human
sciences
at
Iowa
17
state
university
of
science
and
technology
or
the
dean’s
18
designee.
19
g.
e.
The
dean
of
the
college
of
education
from
the
20
university
of
northern
Iowa
or
the
dean’s
designee.
21
h.
f.
The
professor
and
head
of
the
department
of
22
pediatrics
at
the
university
of
Iowa
or
the
professor’s
23
designee.
24
i.
g.
A
resident
of
this
state
who
is
a
parent
of
a
child
25
who
is
or
has
been
served
by
a
federal
head
start
program.
26
2.
Staff
assistance
for
the
council
shall
be
provided
by
27
the
department
of
education.
Members
of
the
council
shall
be
28
reimbursed
for
actual
and
necessary
expenses
incurred
while
29
engaged
in
their
official
duties
and
shall
receive
per
diem
30
compensation
at
the
level
authorized
under
section
7E.6,
31
subsection
1
,
paragraph
“a”
.
32
Sec.
992.
Section
256B.2,
subsection
2,
paragraph
c,
Code
33
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2023,
is
amended
to
read
as
follows:
34
c.
For
those
children
who
cannot
adapt
to
the
regular
35
educational
or
home
living
conditions,
and
who
are
attending
1
facilities
under
chapters
263
,
269
,
and
270
,
upon
the
request
2
of
the
board
of
directors
of
an
area
education
agency,
3
the
department
of
health
and
human
services
shall
provide
4
residential
or
detention
facilities
and
the
area
education
5
agency
shall
provide
special
education
programs
and
services.
6
The
area
education
agencies
shall
cooperate
with
the
board
of
7
regents
to
provide
the
services
required
by
this
chapter
.
8
Sec.
993.
Section
256B.3,
subsection
9,
Code
2023,
is
9
amended
to
read
as
follows:
10
9.
To
cooperate
with
existing
agencies
such
as
the
11
department
of
health
and
human
services,
the
Iowa
department
of
12
public
health,
the
Iowa
school
for
the
deaf,
the
Iowa
braille
13
and
sight
saving
school,
the
children’s
hospitals,
or
other
14
agencies
concerned
with
the
welfare
and
health
of
children
15
requiring
special
education
in
the
coordination
of
their
16
educational
activities
for
such
children.
17
Sec.
994.
Section
256B.5,
Code
2023,
is
amended
to
read
as
18
follows:
19
256B.5
Information
available
upon
request
by
bureau.
20
The
Iowa
department
of
public
health
and
human
services
21
shall
furnish
to
the
state
bureau
of
special
education
22
upon
request
information
obtained
from
birth
certificates
23
relative
to
the
name,
address,
and
disability
of
any
case
of
24
developmental
disability.
The
state
child
health
specialty
25
clinics
of
the
university
of
Iowa
shall
upon
request
furnish
to
26
the
state
bureau
of
special
education
the
name,
address,
and
27
disability
of
all
children
of
their
register.
28
Sec.
995.
Section
256B.10,
subsection
1,
paragraph
a,
Code
29
2023,
is
amended
to
read
as
follows:
30
a.
The
department
of
education
shall
work
with
the
state
31
school
for
the
deaf,
the
area
education
agencies,
school
32
districts,
and
the
early
hearing
detection
and
intervention
33
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program
in
the
Iowa
department
of
public
health
and
human
34
services
for
purposes
of
coordinating,
developing,
and
35
disseminating
resources
for
use
by
parents
or
guardians,
early
1
hearing
detection
and
intervention
programs,
the
state
school
2
for
the
deaf,
area
education
agencies,
school
districts,
and
3
accredited
nonpublic
schools
to
inform
deaf
and
hard-of-hearing
4
children’s
expressive
and
receptive
language
acquisition
or
5
development.
6
Sec.
996.
Section
256B.10,
subsection
3,
unnumbered
7
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
8
The
department
of
education,
in
consultation
with
the
state
9
school
for
the
deaf,
the
area
education
agencies,
school
10
districts,
and
the
early
hearing
detection
and
intervention
11
program
in
the
Iowa
department
of
public
health
and
human
12
services
,
shall
select
existing
tools
or
assessments
that
may
13
be
used
by
qualified
educators
to
assess
American
sign
language
14
and
English
language
and
literacy
development
of
deaf
and
15
hard-of-hearing
children
from
birth
through
age
eight.
16
Sec.
997.
Section
256B.10,
subsection
5,
paragraph
b,
Code
17
2023,
is
amended
to
read
as
follows:
18
b.
The
department
of
education
shall
work
with
the
early
19
hearing
detection
and
intervention
program
in
the
Iowa
20
department
of
public
health
and
human
services
,
the
state
21
school
for
the
deaf,
and
the
area
education
agencies
when
22
developing
the
guidelines.
The
department
of
education,
23
in
consultation
with
the
Iowa
school
for
the
deaf,
shall
24
administer
the
family
support
mentoring
program
for
deaf
or
25
hard-of-hearing
children.
26
Sec.
998.
Section
256B.10,
subsection
5,
paragraph
d,
27
subparagraph
(5),
Code
2023,
is
amended
to
read
as
follows:
28
(5)
Reach
out
to
parents
of
children
identified
through
29
the
early
hearing
detection
and
intervention
program
in
the
30
Iowa
department
of
public
health
and
human
services
and
share
31
information
about
the
family
support
mentoring
program
services
32
available
to
such
parents.
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Sec.
999.
Section
256B.10,
subsection
5,
paragraph
e,
Code
34
2023,
is
amended
to
read
as
follows:
35
e.
The
department
of
education
shall
coordinate
family
1
support
mentoring
activities
with
the
early
hearing
detection
2
and
intervention
program
in
the
Iowa
department
of
public
3
health
and
human
services
,
the
state
school
for
the
deaf,
the
4
area
education
agencies,
and
nonprofit
organizations
that
5
provide
family
support
mentoring
to
parents
with
deaf
or
6
hard-of-hearing
children.
7
Sec.
1000.
Section
256B.15,
subsections
7,
9,
and
10,
Code
8
2023,
are
amended
to
read
as
follows:
9
7.
The
area
education
agencies
shall
transfer
to
the
10
department
of
health
and
human
services
an
amount
equal
to
11
the
nonfederal
share
of
the
payments
to
be
received
from
the
12
medical
assistance
program
pursuant
to
chapter
249A
.
The
13
nonfederal
share
amount
shall
be
transferred
to
the
medical
14
assistance
account
prior
to
claims
payment.
This
requirement
15
does
not
apply
to
medical
assistance
reimbursement
for
16
services
provided
by
an
area
education
agency
under
part
C
17
of
the
federal
Individuals
With
Disabilities
Education
Act.
18
Funds
received
under
this
section
shall
not
be
considered
or
19
included
as
part
of
the
area
education
agencies’
budgets
when
20
calculating
funds
that
are
to
be
received
by
area
education
21
agencies
during
a
fiscal
year.
22
9.
The
department
of
education
and
the
department
of
health
23
and
human
services
shall
adopt
rules
to
implement
this
section
.
24
10.
The
department
of
health
and
human
services
shall
offer
25
assistance
to
the
area
education
agencies
in
the
identification
26
of
children
eligible
for
reimbursement
for
services
under
this
27
section
.
28
Sec.
1001.
Section
256I.1,
Code
2023,
is
amended
to
read
as
29
follows:
30
256I.1
Definitions.
31
For
the
purposes
of
this
chapter
,
unless
the
context
32
otherwise
requires:
33
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1.
“Department”
means
the
department
of
management
health
34
and
human
services
.
35
2.
“Desired
results”
means
the
set
of
desired
results
for
1
improving
the
quality
of
life
in
this
state
for
young
children
2
and
their
families
identified
in
section
256I.2
.
3
3.
“Early
care”
,
“early
care
services”
,
or
“early
care
4
system”
means
the
programs,
services,
support,
or
other
5
assistance
made
available
to
a
parent
or
other
person
who
is
6
involved
with
addressing
the
health
and
education
needs
of
a
7
child
from
zero
through
age
five.
“Early
care”
,
“early
care
8
services”
,
or
“early
care
system”
includes
but
is
not
limited
to
9
public
and
private
efforts
and
formal
and
informal
settings.
10
4.
“Early
childhood
Iowa
area”
means
a
geographic
area
11
designated
in
accordance
with
this
chapter
.
12
5.
“Early
childhood
Iowa
area
board”
or
“area
board”
13
means
the
board
for
an
early
childhood
Iowa
area
created
in
14
accordance
with
this
chapter
.
15
6.
“Early
childhood
Iowa
program”
or
“program”
means
the
16
early
childhood
Iowa
program
established
in
section
256I.5.
17
6.
7.
“Early
childhood
Iowa
state
board”
or
“state
board”
18
means
the
early
childhood
Iowa
state
board
created
in
section
19
256I.3
.
20
Sec.
1002.
Section
256I.3,
subsection
2,
paragraph
a,
Code
21
2023,
is
amended
to
read
as
follows:
22
a.
The
board
shall
consist
of
twenty-one
nineteen
voting
23
members
with
fifteen
citizen
members
and
six
four
state
agency
24
members.
The
six
state
agency
members
shall
be
the
directors
25
or
their
designees
of
the
following
agencies:
economic
26
development
authority,
education,
human
rights,
health
and
27
human
services,
public
health,
and
workforce
development.
28
The
designees
of
state
agency
directors
shall
be
selected
on
29
an
annual
basis.
The
citizen
members
shall
be
appointed
by
30
the
governor,
subject
to
confirmation
by
the
senate.
The
31
governor’s
appointments
of
citizen
members
shall
be
made
in
32
a
manner
so
that
each
of
the
state’s
congressional
districts
33
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is
represented
by
at
least
two
citizen
members
and
so
that
34
all
the
appointments
as
a
whole
reflect
the
ethnic,
cultural,
35
social,
and
economic
diversity
of
the
state.
A
member
of
the
1
state
board
shall
not
be
a
provider
of
services
or
other
entity
2
receiving
funding
through
the
early
childhood
Iowa
initiative
3
or
be
employed
by
such
a
provider
or
other
entity.
4
Sec.
1003.
Section
256I.4,
subsection
15,
Code
2023,
is
5
amended
to
read
as
follows:
6
15.
Work
with
the
early
childhood
Iowa
office
program
7
in
building
public-private
partnerships
for
promoting
the
8
collaborative
early
care,
education,
health,
and
human
services
9
system.
10
Sec.
1004.
Section
256I.5,
subsection
2,
Code
2023,
is
11
amended
to
read
as
follows:
12
2.
An
early
childhood
Iowa
office
program
is
established
13
in
the
department
to
provide
leadership
for
facilitation,
14
communication,
and
coordination
for
the
early
childhood
Iowa
15
initiative
activities
and
funding
and
for
improvement
of
the
16
early
care,
education,
health,
and
human
services
systems.
An
17
administrator
for
the
early
childhood
Iowa
office
program
shall
18
be
appointed
by
the
director
of
the
department.
Other
staff
19
may
also
be
designated,
subject
to
appropriation
made
for
this
20
purpose.
21
Sec.
1005.
Section
256I.5,
subsection
4,
Code
2023,
is
22
amended
to
read
as
follows:
23
4.
The
office
program
shall
work
with
the
state
and
24
area
boards
to
provide
leadership
for
comprehensive
system
25
development.
The
office
program
shall
also
do
all
of
the
26
following:
27
a.
Enter
into
memoranda
of
agreement
with
the
departments
28
of
education
,
human
rights,
human
services,
public
health,
and
29
workforce
development
and
the
economic
development
authority
to
30
formalize
the
commitments
of
the
respective
departments
and
the
31
authority
to
collaborating
with
and
integrating
a
comprehensive
32
early
care,
education,
health,
and
human
services
system.
33
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Items
addressed
in
the
memoranda
shall
include
but
are
not
34
limited
to
data
sharing
and
providing
staffing
to
the
technical
35
assistance
team.
1
b.
Work
with
private
businesses,
foundations,
and
nonprofit
2
organizations
to
develop
sustained
funding.
3
c.
Maintain
the
internet
site
in
accordance
with
section
4
256I.10
.
5
d.
Propose
any
needed
revisions
to
administrative
rules
6
based
on
stakeholder
input.
7
e.
Provide
technical
support
to
the
state
and
area
boards
8
and
to
the
early
childhood
Iowa
areas
through
staffing
services
9
made
available
through
the
state
agencies
that
serve
on
the
10
state
board.
11
f.
Develop,
collect,
disseminate,
and
provide
guidance
for
12
common
performance
measures
for
the
programs
receiving
funding
13
under
the
auspices
of
the
area
boards.
14
g.
If
a
disagreement
arises
within
an
early
childhood
Iowa
15
area
regarding
the
interests
represented
on
the
area’s
board,
16
board
decisions,
or
other
disputes
that
cannot
be
locally
17
resolved,
upon
request,
provide
state
or
regional
technical
18
assistance
as
deemed
appropriate
by
the
office
program
to
19
assist
the
area
in
resolving
the
disagreement.
20
Sec.
1006.
Section
256I.11,
subsection
2,
unnumbered
21
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
22
A
school
ready
children
grants
account
is
created
in
the
23
fund
under
the
authority
of
the
director
of
the
department
of
24
education.
Moneys
credited
to
the
account
are
appropriated
25
to
and
shall
be
distributed
by
the
department
of
education
in
26
the
form
of
grants
to
early
childhood
Iowa
areas
pursuant
to
27
criteria
established
by
the
state
board
in
accordance
with
law.
28
Sec.
1007.
Section
256I.11,
subsection
4,
paragraphs
a,
b,
29
and
c,
Code
2023,
are
amended
to
read
as
follows:
30
a.
An
early
childhood
programs
grant
account
is
created
in
31
the
fund
under
the
authority
of
the
director
of
the
department
32
of
human
services
.
Moneys
credited
to
the
account
are
33
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appropriated
to
and
shall
be
distributed
by
the
department
of
34
human
services
in
the
form
of
grants
to
early
childhood
Iowa
35
areas
pursuant
to
criteria
established
by
the
state
board
in
1
accordance
with
law.
The
criteria
shall
include
but
are
not
2
limited
to
a
requirement
that
an
early
childhood
Iowa
area
must
3
be
designated
by
the
state
board
in
order
to
be
eligible
to
4
receive
an
early
childhood
programs
grant.
5
b.
An
early
childhood
Iowa
area
receiving
funding
from
6
the
early
childhood
programs
grant
account
shall
comply
with
7
any
federal
reporting
requirements
associated
with
the
use
8
of
that
funding
and
other
results
and
reporting
requirements
9
established
by
the
state
board.
The
department
of
human
10
services
shall
provide
technical
assistance
in
identifying
and
11
meeting
the
federal
requirements.
The
availability
of
funding
12
provided
from
the
account
is
subject
to
changes
in
federal
13
requirements
and
amendments
to
Iowa
law.
14
c.
The
moneys
distributed
from
the
early
childhood
programs
15
grant
account
shall
be
used
by
early
childhood
Iowa
areas
16
for
the
purposes
of
enhancing
quality
child
care
capacity
in
17
support
of
parent
capability
to
obtain
or
retain
employment.
18
The
moneys
shall
be
used
with
a
primary
emphasis
on
low-income
19
families
and
children
from
zero
to
age
five.
Moneys
shall
be
20
provided
in
a
flexible
manner
and
shall
be
used
to
implement
21
strategies
identified
by
the
early
childhood
Iowa
area
to
22
achieve
such
purposes.
The
department
of
human
services
may
23
use
a
portion
of
the
funding
appropriated
to
the
department
24
under
this
subsection
for
provision
of
technical
assistance
and
25
other
support
to
the
early
childhood
Iowa
areas
developing
and
26
implementing
strategies
with
grant
moneys
distributed
from
the
27
account.
28
Sec.
1008.
Section
256I.11,
subsection
5,
Code
2023,
is
29
amended
to
read
as
follows:
30
5.
A
first
years
first
account
is
created
in
the
fund
under
31
the
authority
of
the
department
of
management
.
The
account
32
shall
consist
of
gift
or
grant
moneys
obtained
from
any
source,
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including
but
not
limited
to
the
federal
government.
Moneys
34
credited
to
the
account
are
appropriated
to
the
department
to
35
be
used
for
the
early
childhood-related
purposes
for
which
the
1
moneys
were
received.
2
Sec.
1009.
Section
256I.12,
subsections
6
and
7,
Code
2023,
3
are
amended
to
read
as
follows:
4
6.
Steering
committee.
The
early
childhood
stakeholders
5
alliance
shall
operate
with
a
steering
committee
to
organize,
6
manage,
and
coordinate
the
activities
of
the
alliance
and
its
7
component
groups.
The
steering
committee
may
act
on
behalf
of
8
the
alliance
as
necessary.
The
steering
committee
membership
9
shall
consist
of
the
co-chairpersons
of
the
alliance’s
10
component
groups,
the
administrator
of
the
early
childhood
Iowa
11
office
program
,
and
other
leaders
designated
by
the
alliance.
12
7.
Component
groups.
The
early
childhood
stakeholders
13
alliance
shall
maintain
component
groups
to
address
the
14
key
components
of
the
Iowa
early
childhood
system.
Each
15
component
group
shall
have
one
private
and
one
public
agency
16
co-chairperson.
The
alliance
may
change
the
component
groups
17
as
deemed
necessary
by
the
alliance.
Initially,
there
shall
18
be
a
component
group
for
each
of
the
following:
The
component
19
groups
shall
implement
the
strategic
plan
created
pursuant
to
20
section
256I.4.
21
a.
Governance
planning
and
administration.
22
b.
Professional
development.
23
c.
Public
engagement.
24
d.
Quality
services
and
programs.
25
e.
Resources
and
funding.
26
f.
Results
accountability.
27
Sec.
1010.
Section
256I.13,
subsection
1,
Code
2023,
is
28
amended
to
read
as
follows:
29
1.
In
order
to
implement
the
legislative
intent
stated
in
30
sections
135.106
and
256I.9
,
that
priority
for
family
support
31
program
funding
be
given
to
programs
using
evidence-based
or
32
promising
models
for
family
support,
it
is
the
intent
of
the
33
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general
assembly
that
by
July
1,
2016,
ninety
percent
of
state
34
funds
expended
for
family
support
programs
shall
be
used
for
35
evidence-based
or
promising
program
models.
The
remaining
ten
1
percent
of
funds
may
be
used
for
innovative
program
models
that
2
do
not
yet
meet
the
definition
of
evidence-based
or
promising
3
programs.
4
Sec.
1011.
Section
256I.13,
subsection
3,
paragraphs
b
and
5
e,
Code
2023,
are
amended
to
read
as
follows:
6
b.
The
data
on
families
served
that
is
collected
by
the
7
family
support
programs
funded
through
the
early
childhood
8
Iowa
initiative
shall
include
but
is
not
limited
to
basic
9
demographic
information,
services
received,
funding
utilized,
10
and
program
outcomes
for
the
children
and
families
served.
The
11
state
board
shall
adopt
performance
benchmarks
for
the
family
12
support
programs
and
shall
revise
the
Iowa
family
support
13
credential
to
incorporate
the
performance
benchmarks
on
or
14
before
January
1,
2014
.
15
e.
The
state
board
shall
develop
a
plan
to
implement
a
16
coordinated
intake
and
referral
process
for
publicly
funded
17
family
support
programs
in
order
to
engage
the
families
18
expecting
a
child
or
with
newborn
and
infant
children
through
19
age
five
in
all
communities
in
the
state
by
July
1,
2015
.
20
Sec.
1012.
Section
257.11,
subsection
4,
paragraph
e,
21
subparagraphs
(2)
and
(3),
Code
2023,
are
amended
to
read
as
22
follows:
23
(2)
The
pupil
is
not
in
a
court-ordered
placement
under
24
chapter
232
under
the
care
and
custody
of
the
department
of
25
health
and
human
services
or
juvenile
court
services.
26
(3)
The
pupil
is
not
in
the
state
training
school
pursuant
27
to
a
court
order
entered
under
chapter
232
under
the
care
and
28
custody
of
the
department
of
health
and
human
services.
29
Sec.
1013.
Section
257.41,
subsection
4,
paragraphs
b
and
c,
30
Code
2023,
are
amended
to
read
as
follows:
31
b.
The
student
is
not
in
a
court-ordered
placement
under
32
chapter
232
under
the
care
and
custody
of
the
department
of
33
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health
and
human
services
or
juvenile
court
services.
34
c.
The
student
is
not
in
the
state
training
school
pursuant
35
to
a
court
order
entered
under
chapter
232
under
the
care
and
1
custody
of
the
department
of
health
and
human
services.
2
Sec.
1014.
Section
260C.40,
Code
2023,
is
amended
to
read
3
as
follows:
4
260C.40
Prohibition
of
controlled
substances.
5
Each
community
college
shall
adopt
a
policy
that
prohibits
6
unlawful
possession,
use,
or
distribution
of
controlled
7
substances
by
students
and
employees
on
property
owned
8
or
leased
by
the
community
college
or
in
conjunction
with
9
activities
sponsored
by
a
community
college.
Each
community
10
college
shall
provide
information
about
the
policy
to
all
11
students
and
employees.
The
policy
shall
include
a
clear
12
statement
of
sanctions
for
violation
of
the
policy
and
13
information
about
available
drug
or
alcohol
counseling
and
14
rehabilitation
programs.
In
carrying
out
this
policy,
the
15
community
college
shall
provide
substance
abuse
use
disorder
16
prevention
programs
for
students
and
employees.
17
Sec.
1015.
Section
261.2,
subsection
6,
Code
2023,
is
18
amended
to
read
as
follows:
19
6.
Develop
and
implement,
in
cooperation
with
the
20
department
of
health
and
human
services
and
the
judicial
21
branch,
a
program
to
assist
juveniles
who
are
sixteen
years
of
22
age
or
older
and
who
have
a
case
permanency
plan
under
chapter
23
232
or
237
or
are
otherwise
under
the
jurisdiction
of
chapter
24
232
in
applying
for
federal
and
state
aid
available
for
higher
25
education.
26
Sec.
1016.
Section
261.9,
subsection
1,
paragraph
e,
Code
27
2023,
is
amended
to
read
as
follows:
28
e.
Adopts
a
policy
that
prohibits
unlawful
possession,
29
use,
or
distribution
of
controlled
substances
by
students
and
30
employees
on
property
owned
or
leased
by
the
institution
or
31
in
conjunction
with
activities
sponsored
by
the
institution.
32
Each
institution
shall
provide
information
about
the
policy
33
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to
all
students
and
employees.
The
policy
shall
include
a
34
clear
statement
of
sanctions
for
violation
of
the
policy
35
and
information
about
available
drug
or
alcohol
counseling
1
and
rehabilitation
programs.
In
carrying
out
this
policy,
2
an
institution
shall
provide
substance
abuse
use
disorder
3
prevention
programs
for
students
and
employees.
4
Sec.
1017.
Section
261.71,
subsection
3,
Code
2023,
is
5
amended
to
read
as
follows:
6
3.
For
purposes
of
this
section
“graduate
student”
means
7
a
student
who
has
completed
at
least
ninety
semester
hours,
8
or
the
trimester
or
quarter
equivalent,
of
postsecondary
9
course
work
at
a
public
higher
education
institution
or
at
an
10
accredited
private
institution,
as
defined
under
section
261.9
.
11
“Underserved
area”
means
a
geographical
area
included
on
the
12
Iowa
governor’s
health
practitioner
shortage
area
list,
which
13
is
compiled
by
the
center
for
rural
health
and
primary
care
14
of
the
Iowa
department
of
public
health
and
human
services
.
15
The
commission
shall
adopt
rules,
consistent
with
rules
used
16
for
students
enrolled
in
higher
education
institutions
under
17
the
control
of
the
state
board
of
regents,
for
purposes
of
18
determining
Iowa
residency
status
of
graduate
students
under
19
this
section
.
The
commission
shall
also
adopt
rules
which
20
provide
standards,
guidelines,
and
procedures
for
the
receipt,
21
processing,
and
administration
of
student
applications
and
22
loans
under
this
section
.
23
Sec.
1018.
Section
261.87,
subsection
1,
paragraph
b,
Code
24
2023,
is
amended
to
read
as
follows:
25
b.
“Eligible
foster
care
student”
means
a
person
who
has
a
26
high
school
diploma
or
a
high
school
equivalency
diploma
under
27
chapter
259A
and
is
described
by
any
of
the
following:
28
(1)
Is
age
seventeen
and
is
in
a
court-ordered
placement
29
under
chapter
232
under
the
care
and
custody
of
the
department
30
of
health
and
human
services
or
juvenile
court
services.
31
(2)
Is
age
seventeen
and
has
been
placed
in
a
state
juvenile
32
institution
pursuant
to
a
court
order
entered
under
chapter
33
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232
under
the
care
and
custody
of
the
department
of
health
and
34
human
services.
35
(3)
Is
described
by
any
of
the
following:
1
(a)
On
the
date
the
person
reached
age
eighteen
or
during
2
the
thirty
calendar
days
preceding
or
succeeding
that
date,
3
the
person
was
in
a
licensed
foster
care
placement
pursuant
4
to
a
court
order
entered
under
chapter
232
under
the
care
and
5
custody
of
the
department
of
health
and
human
services
or
6
juvenile
court
services.
7
(b)
On
the
date
the
person
reached
age
eighteen
or
during
8
the
thirty
calendar
days
preceding
or
succeeding
that
date,
the
9
person
was
under
a
court
order
under
chapter
232
to
live
with
a
10
relative
or
other
suitable
person.
11
(c)
The
person
was
in
a
licensed
foster
care
placement
12
pursuant
to
an
order
entered
under
chapter
232
prior
to
being
13
legally
adopted
after
reaching
age
sixteen.
14
(d)
On
the
date
the
person
reached
age
eighteen
or
during
15
the
thirty
calendar
days
preceding
or
succeeding
that
date,
16
the
person
was
placed
in
a
state
juvenile
institution
pursuant
17
to
a
court
order
entered
under
chapter
232
under
the
care
and
18
custody
of
the
department
of
health
and
human
services.
19
Sec.
1019.
Section
262.9A,
Code
2023,
is
amended
to
read
as
20
follows:
21
262.9A
Prohibition
of
controlled
substances.
22
The
state
board
of
regents
shall
adopt
a
policy
that
23
prohibits
unlawful
possession,
use,
or
distribution
of
24
controlled
substances
by
students
and
employees
on
property
25
owned
or
leased
by
an
institution
or
in
conjunction
with
26
activities
sponsored
by
an
institution
governed
by
the
board.
27
Each
institution
shall
provide
information
about
the
policy
28
to
all
students
and
employees.
The
policy
shall
include
a
29
clear
statement
of
sanctions
for
violation
of
the
policy
30
and
information
about
available
drug
or
alcohol
counseling
31
and
rehabilitation
programs.
In
carrying
out
this
policy,
32
the
institutions
shall
provide
substance
abuse
use
disorder
33
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prevention
programs
for
students
and
employees.
34
Sec.
1020.
Section
262.70,
Code
2023,
is
amended
to
read
as
35
follows:
1
262.70
Education,
prevention,
and
research
programs
in
mental
2
health
and
disability
services.
3
The
division
of
mental
health
and
disability
services
of
4
the
department
of
health
and
human
services
may
contract
with
5
the
board
of
regents
or
any
institution
under
the
board’s
6
jurisdiction
to
establish
and
maintain
programs
of
education,
7
prevention,
and
research
in
the
fields
of
mental
health,
8
intellectual
disability,
developmental
disabilities,
and
9
brain
injury.
The
board
may
delegate
responsibility
for
these
10
programs
to
the
state
psychiatric
hospital,
the
university
11
hospital,
or
any
other
appropriate
entity
under
the
board’s
12
jurisdiction.
13
Sec.
1021.
Section
262.71,
Code
2023,
is
amended
to
read
as
14
follows:
15
262.71
Center
for
early
development
education.
16
The
board
of
regents
shall
develop
a
center
for
early
17
development
education
at
one
of
the
regents
institutions
18
specified
in
section
262.7,
subsections
1
through
3
.
The
19
center’s
programs
shall
be
conducted
in
a
laboratory
school
20
setting
to
serve
as
a
model
for
early
childhood
education.
21
The
programs
shall
include,
but
not
be
limited
to,
programs
22
designed
to
accommodate
the
needs
of
at-risk
children.
The
23
teacher
education
programs
at
all
three
state
universities
24
shall
cooperate
in
developing
the
center
and
its
programs.
The
25
center’s
programs
shall
take
a
holistic
approach
and
the
center
26
shall,
in
developing
its
programs,
consult
with
representatives
27
from
each
of
the
following
agencies,
institutions,
or
groups:
28
1.
The
university
of
northern
Iowa.
29
2.
Iowa
state
university.
30
3.
The
university
of
Iowa.
31
4.
The
division
of
child
and
family
services
of
the
32
department
of
human
services.
33
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5.
The
department
of
public
health.
34
6.
4.
The
department
of
health
and
human
services.
35
7.
5.
An
early
childhood
development
specialist
from
an
1
area
education
agency.
2
8.
6.
A
parent
of
a
child
in
a
head
start
program.
3
9.
7.
The
department
of
education.
4
10.
8.
The
child
development
coordinating
council.
5
Sec.
1022.
Section
262.78,
subsections
2
and
3,
Code
2023,
6
are
amended
to
read
as
follows:
7
2.
The
center
shall
cooperate
with
the
center
for
rural
8
health
and
primary
care,
established
under
department
of
health
9
and
human
services
pursuant
to
section
135.107
,
the
center
10
for
health
effects
of
environmental
contamination
established
11
pursuant
to
section
263.17
,
and
the
department
of
agriculture
12
and
land
stewardship.
The
agencies
shall
coordinate
programs
13
to
the
extent
practicable.
14
3.
The
president
of
the
university
of
Iowa,
in
consultation
15
with
the
president
of
Iowa
state
university
of
science
and
16
technology,
shall
employ
a
full-time
director
of
the
center.
17
The
center
may
employ
staff
to
carry
out
the
center’s
purpose.
18
The
director
shall
coordinate
the
agricultural
health
and
19
safety
programs
of
the
center.
The
director
shall
regularly
20
meet
and
consult
with
the
center
for
rural
health
and
primary
21
care
department
of
health
and
human
services
pursuant
to
22
section
135.107
.
The
director
shall
provide
the
board
of
23
regents
with
relevant
information
regarding
the
center.
24
Sec.
1023.
Section
263.8,
subsection
2,
Code
2023,
is
25
amended
to
read
as
follows:
26
2.
In
addition
to
its
regular
work,
the
state
hygienic
27
laboratory
shall
perform
without
charge
all
bacteriological,
28
serological,
and
epidemiological
examinations
and
29
investigations
which
may
be
required
by
the
Iowa
department
of
30
public
health
and
human
services
and
the
department
shall
adopt
31
rules
pursuant
to
chapter
17A
therefor
for
the
examinations
32
and
investigations
.
The
laboratory
shall
also
provide,
those
33
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laboratory,
scientific
field
measurement,
and
environmental
34
quality
services
which,
by
contract,
are
requested
by
the
other
35
agencies
of
government.
1
Sec.
1024.
Section
263.10,
Code
2023,
is
amended
to
read
as
2
follows:
3
263.10
Persons
admitted.
4
Every
resident
of
the
state
who
is
not
more
than
twenty-one
5
years
of
age,
who
has
such
severe
disabilities
as
to
be
unable
6
to
acquire
an
education
in
the
public
or
accredited
nonpublic
7
schools,
and
every
such
person
who
is
twenty-one
and
under
8
thirty-five
years
of
age
who
has
the
consent
of
the
state
board
9
of
regents,
shall
be
entitled
to
receive
an
education,
care,
10
and
training
in
the
university
of
Iowa
hospitals
and
clinics
11
center
for
disabilities
and
development,
and
nonresidents
12
similarly
situated
may
be
entitled
to
an
education
and
care
at
13
the
center
upon
such
terms
as
may
be
fixed
by
the
state
board
14
of
regents.
The
fee
for
nonresidents
shall
be
not
less
than
15
the
average
expense
of
resident
pupils
and
shall
be
paid
in
16
advance.
Residents
and
persons
under
the
care
and
control
of
a
17
director
of
a
division
of
the
department
of
health
and
human
18
services
who
have
severe
disabilities
may
be
transferred
to
the
19
center
upon
such
terms
as
may
be
agreed
upon
by
the
state
board
20
of
regents
and
the
director
of
health
and
human
services
.
21
Sec.
1025.
Section
263.17,
subsection
2,
paragraph
a,
22
subparagraph
(10),
Code
2023,
is
amended
to
read
as
follows:
23
(10)
The
Iowa
department
of
public
health
and
human
24
services
.
25
Sec.
1026.
Section
263.17,
subsection
7,
Code
2023,
is
26
amended
to
read
as
follows:
27
7.
The
center
shall
cooperate
with
the
center
for
rural
28
health
and
primary
care,
established
under
department
of
29
health
and
human
services
pursuant
to
section
135.107
,
the
30
center
for
agricultural
safety
and
health
established
under
31
section
262.78
,
and
the
department
of
agriculture
and
land
32
stewardship.
The
agencies
shall
coordinate
programs
to
the
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extent
practicable.
34
Sec.
1027.
Section
263.21,
Code
2023,
is
amended
to
read
as
35
follows:
1
263.21
Transfer
of
patients
from
state
institutions.
2
The
director
of
the
department
of
health
and
human
services,
3
in
respect
to
institutions
under
the
director’s
control,
the
4
administrator
of
any
of
the
divisions
of
the
department,
in
5
respect
to
the
institutions
under
the
administrator’s
control,
6
the
director
of
the
department
of
corrections,
in
respect
to
7
the
institutions
under
the
department’s
control,
and
the
state
8
board
of
regents,
in
respect
to
the
Iowa
braille
and
sight
9
saving
school
and
the
Iowa
school
for
the
deaf,
may
send
any
10
inmate,
student,
or
patient
of
an
institution,
or
any
person
11
committed
or
applying
for
admission
to
an
institution,
to
12
the
university
of
Iowa
hospitals
and
clinics
for
treatment
13
and
care.
The
department
of
health
and
human
services,
the
14
department
of
corrections,
and
the
state
board
of
regents
shall
15
respectively
pay
the
traveling
expenses
of
such
patient,
and
16
when
necessary
the
traveling
expenses
of
an
attendant
for
17
the
patient,
out
of
funds
appropriated
for
the
use
of
the
18
institution
from
which
the
patient
is
sent.
19
Sec.
1028.
Section
263B.7,
Code
2023,
is
amended
to
read
as
20
follows:
21
263B.7
Ancient
remains.
22
The
state
archaeologist
has
the
primary
responsibility
23
for
investigating,
preserving,
and
reinterring
discoveries
24
of
ancient
human
remains.
For
the
purposes
of
this
section
,
25
ancient
human
remains
are
those
remains
found
within
the
state
26
which
are
more
than
one
hundred
fifty
years
old.
The
state
27
archaeologist
shall
make
arrangements
for
the
services
of
a
28
forensic
osteologist
in
studying
and
interpreting
ancient
29
burials
and
may
designate
other
qualified
archaeologists
to
30
assist
the
state
archaeologist
in
recovering
physical
and
31
cultural
information
about
the
ancient
burials.
The
state
32
archaeologist
shall
file
with
the
Iowa
department
of
public
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health
and
human
services
a
written
report
containing
both
34
physical
and
cultural
information
regarding
the
remains
at
the
35
conclusion
of
each
investigation.
1
Sec.
1029.
Section
272C.1,
subsection
6,
paragraph
ad,
Code
2
2023,
is
amended
to
read
as
follows:
3
ad.
The
director
of
public
health
and
human
services
in
4
certifying
emergency
medical
care
providers
and
emergency
5
medical
care
services
pursuant
to
chapter
147A
.
6
Sec.
1030.
Section
272C.3,
subsection
1,
paragraph
k,
Code
7
2023,
is
amended
to
read
as
follows:
8
k.
Establish
a
licensee
review
committee
for
the
purpose
9
of
evaluating
and
monitoring
licensees
who
are
impaired
as
10
a
result
of
alcohol
or
drug
abuse
substance
use
disorder
,
11
dependency,
or
addiction,
or
by
any
mental
or
physical
disorder
12
or
disability,
and
who
self-report
the
impairment
to
the
13
committee,
or
who
are
referred
by
the
board
to
the
committee.
14
Members
of
the
committee
shall
receive
actual
expenses
for
the
15
performance
of
their
duties
and
shall
be
eligible
to
receive
16
per
diem
compensation
pursuant
to
section
7E.6
.
The
board
17
shall
adopt
rules
for
the
establishment
and
administration
of
18
the
committee,
including
but
not
limited
to
establishment
of
19
the
criteria
for
eligibility
for
referral
to
the
committee
and
20
the
grounds
for
disciplinary
action
for
noncompliance
with
21
committee
decisions.
Information
in
the
possession
of
the
22
board
or
the
licensee
review
committee,
under
this
paragraph,
23
shall
be
subject
to
the
confidentiality
requirements
of
section
24
272C.6
.
Referral
of
a
licensee
by
the
board
to
a
licensee
25
review
committee
shall
not
relieve
the
board
of
any
duties
26
of
the
board
and
shall
not
divest
the
board
of
any
authority
27
or
jurisdiction
otherwise
provided.
A
licensee
who
violates
28
section
272C.10
or
the
rules
of
the
board
while
under
review
by
29
the
licensee
review
committee
shall
be
referred
to
the
board
30
for
appropriate
action.
31
Sec.
1031.
Section
272C.6,
subsection
6,
paragraph
b,
Code
32
2023,
is
amended
to
read
as
follows:
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b.
The
department
of
agriculture
and
land
stewardship,
the
34
department
of
commerce
insurance
and
financial
services,
the
35
department
of
inspections,
appeals,
and
licensing
,
and
the
Iowa
1
department
of
public
health
and
human
services
shall
each
adopt
2
rules
pursuant
to
chapter
17A
which
provide
for
the
allocation
3
of
fees
and
costs
collected
pursuant
to
this
section
to
the
4
board
under
its
jurisdiction
collecting
the
fees
and
costs.
5
The
fees
and
costs
shall
be
considered
repayment
receipts
as
6
defined
in
section
8.2
.
7
Sec.
1032.
Section
279.49,
subsections
1
and
3,
Code
2023,
8
are
amended
to
read
as
follows:
9
1.
The
board
of
directors
of
a
school
corporation
may
10
operate
or
contract
for
the
operation
of
a
program
to
provide
11
child
care
to
children
not
enrolled
in
school
or
to
students
12
enrolled
in
kindergarten
through
grade
six
before
and
after
13
school,
or
to
both.
Programs
operated
or
contracted
by
a
14
board
shall
be
licensed
by
the
department
of
health
and
human
15
services
under
chapter
237A
as
a
child
care
center
unless
16
the
program
is
exempt
from
licensure
under
chapter
237A
.
17
Notwithstanding
requirements
of
the
department
of
health
and
18
human
services
regarding
space
allocated
to
child
care
centers
19
licensed
under
chapter
237A
,
a
program
operated
or
contracted
20
by
a
board
which
is
located
on
school
grounds
may
define
21
alternative
spaces,
in
policy
and
procedures,
appropriate
to
22
meet
the
needs
of
children
in
the
program
if
the
primary
space
23
is
required
for
another
use.
24
3.
The
facilities
housing
a
program
operated
under
this
25
section
shall
comply
with
standards
adopted
by
the
state
fire
26
marshal
for
school
buildings
under
chapter
100
.
In
addition,
27
if
a
program
involves
children
who
are
younger
than
school
28
age,
the
facilities
housing
those
children
shall
meet
the
fire
29
safety
standards
which
would
apply
to
that
age
of
child
in
a
30
child
care
facility
licensed
by
the
department
of
health
and
31
human
services.
32
Sec.
1033.
Section
279.50,
subsection
8,
Code
2023,
is
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amended
to
read
as
follows:
34
8.
The
department
of
education
shall
identify
and
35
disseminate
information
about
early
intervention
programs
1
for
students
who
are
at
the
greatest
risk
of
suffering
from
2
the
problem
of
dropping
out
of
school,
substance
abuse
use
3
disorder
,
adolescent
pregnancy,
or
suicide.
4
Sec.
1034.
Section
279.60,
subsection
2,
Code
2023,
is
5
amended
to
read
as
follows:
6
2.
The
school
district
shall
also
collect
information
from
7
each
parent,
guardian,
or
legal
custodian
of
a
kindergarten
8
student
enrolled
in
the
district
on
whether
the
student
9
attended
preschool.
Each
school
district
shall
report
the
10
preschool
information
collected
to
the
department
of
education
11
in
the
manner
prescribed
by
the
department
not
later
than
12
January
1
of
that
school
year.
The
early
childhood
Iowa
office
13
program
in
the
department
of
management
health
and
human
14
services
shall
have
access
to
the
raw
data.
The
department
of
15
education
shall
review
the
information
submitted
pursuant
to
16
this
section
and
shall
submit
its
findings
and
recommendations
17
annually
in
a
report
to
the
governor,
the
general
assembly,
the
18
early
childhood
Iowa
state
board,
and
the
early
childhood
Iowa
19
area
boards.
20
Sec.
1035.
Section
279.76,
subsection
3,
paragraph
a,
Code
21
2023,
is
amended
to
read
as
follows:
22
a.
“Emergent
care
situation”
means
a
sudden
or
unforeseen
23
occurrence
or
onset
of
a
medical
or
behavioral
condition
that
24
could
result
in
serious
injury
or
harm
to
a
student
or
others
25
in
the
event
immediate
medical
attention
is
not
provided.
26
“Emergent
care
situation”
includes
the
need
to
screen
a
student
27
or
others
for
symptoms
or
exposures
during
an
outbreak
or
28
public
health
event
of
concern
as
designated
by
the
department
29
of
public
health
and
human
services
.
30
Sec.
1036.
Section
280.13C,
subsection
3,
paragraph
a,
Code
31
2023,
is
amended
to
read
as
follows:
32
a.
The
department
of
public
health
and
human
services
,
the
33
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Iowa
high
school
athletic
association,
and
the
Iowa
girls
high
34
school
athletic
union
shall
work
together
to
develop
training
35
materials
and
courses
regarding
concussions
and
brain
injuries,
1
including
training
regarding
evaluation,
prevention,
symptoms,
2
risks,
and
long-term
effects
of
concussions
and
brain
injuries.
3
Each
coach
or
contest
official
shall
complete
such
training
at
4
least
every
two
years.
5
Sec.
1037.
Section
280.13C,
subsection
4,
Code
2023,
is
6
amended
to
read
as
follows:
7
4.
Guidelines
and
information
sheet.
8
a.
The
department
of
public
health
and
human
services
,
the
9
Iowa
high
school
athletic
association,
and
the
Iowa
girls
high
10
school
athletic
union
shall
work
together
to
distribute
the
11
guidelines
of
the
centers
for
disease
control
and
prevention
12
of
the
United
States
department
of
health
and
human
services
13
and
other
pertinent
information
to
inform
and
educate
coaches,
14
students,
and
the
parents
and
guardians
of
students
of
the
15
risks,
signs,
symptoms,
and
behaviors
consistent
with
a
16
concussion
or
brain
injury,
including
the
danger
of
continuing
17
to
participate
in
extracurricular
interscholastic
activities
18
after
suffering
a
concussion
or
brain
injury
and
their
19
responsibility
to
report
such
signs,
symptoms,
and
behaviors
20
if
they
occur.
21
b.
For
school
years
beginning
on
or
after
July
1,
2018,
22
each
school
district
and
nonpublic
school
shall
provide
to
the
23
parent
or
guardian
of
each
student
in
grades
seven
through
24
twelve
a
concussion
and
brain
injury
information
sheet,
25
as
provided
by
the
department
of
public
health
and
human
26
services
,
the
Iowa
high
school
athletic
association,
and
the
27
Iowa
girls
high
school
athletic
union.
The
student
and
the
28
student’s
parent
or
guardian
shall
sign
and
return
a
copy
29
of
the
concussion
and
brain
injury
information
sheet
to
the
30
student’s
school
prior
to
the
student’s
participation
in
any
31
extracurricular
interscholastic
activity.
32
Sec.
1038.
Section
280.13C,
subsection
6,
paragraph
a,
Code
33
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2023,
is
amended
to
read
as
follows:
34
a.
The
department
of
public
health
and
human
services
,
in
35
cooperation
with
the
Iowa
high
school
athletic
association
1
and
the
Iowa
girls
high
school
athletic
union,
shall
develop
2
a
return-to-play
protocol
based
on
peer-reviewed
scientific
3
evidence
consistent
with
the
guidelines
of
the
centers
for
4
disease
control
and
prevention
of
the
United
States
department
5
of
health
and
human
services,
for
a
student’s
return
to
6
participation
in
any
extracurricular
interscholastic
activity
7
after
showing
signs,
symptoms,
or
behaviors
consistent
with
a
8
concussion
or
brain
injury.
The
department
of
public
health
9
and
human
services
shall
adopt
the
return-to-play
protocol
10
by
rule
pursuant
to
chapter
17A
.
The
board
of
directors
11
of
each
school
district
and
the
authorities
in
charge
of
12
each
accredited
nonpublic
school
with
enrolled
students
who
13
participate
in
an
extracurricular
interscholastic
activity
14
which
is
a
contest
in
grades
seven
through
twelve
shall
adopt
15
such
protocol
by
July
1,
2019.
16
Sec.
1039.
Section
280.16,
subsection
1,
paragraph
a,
Code
17
2023,
is
amended
to
read
as
follows:
18
a.
“Bronchodilator”
means
a
bronchodilator
as
recommended
19
by
the
department
of
public
health
and
human
services
for
20
treatment
of
a
student’s
respiratory
distress,
asthma,
or
other
21
airway
constricting
disease.
22
Sec.
1040.
Section
280.16,
subsection
7,
Code
2023,
is
23
amended
to
read
as
follows:
24
7.
The
Iowa
braille
and
sight
saving
school,
the
Iowa
school
25
for
the
deaf,
and
the
institutions
under
the
control
of
the
26
department
of
health
and
human
services
as
provided
in
section
27
218.1
are
exempt
from
the
provisions
of
this
section
.
28
Sec.
1041.
Section
280.17,
subsection
1,
Code
2023,
is
29
amended
to
read
as
follows:
30
1.
The
board
of
directors
of
a
school
district
and
the
31
authorities
in
charge
of
a
nonpublic
school
shall
prescribe
32
procedures,
in
accordance
with
the
guidelines
contained
in
33
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the
model
policy
developed
by
the
department
of
education
in
34
consultation
with
the
department
of
health
and
human
services,
35
and
adopted
by
the
department
of
education
pursuant
to
chapter
1
17A
,
for
the
handling
of
reports
of
child
abuse,
as
defined
in
2
section
232.68,
subsection
2
,
paragraph
“a”
,
subparagraph
(1),
3
(3),
or
(5),
alleged
to
have
been
committed
by
an
employee
or
4
agent
of
the
public
or
nonpublic
school.
5
Sec.
1042.
Section
280.25,
subsection
1,
Code
2023,
is
6
amended
to
read
as
follows:
7
1.
The
board
of
directors
of
each
public
school
and
the
8
authorities
in
charge
of
each
accredited
nonpublic
school
9
shall
adopt
a
policy
and
the
superintendent
of
each
public
10
school
shall
adopt
rules
which
provide
that
the
school
11
district
or
school
may
share
information
contained
within
a
12
student’s
permanent
record
pursuant
to
an
interagency
agreement
13
with
state
and
local
agencies
that
are
part
of
the
juvenile
14
justice
system.
These
agencies
include,
but
are
not
limited
15
to,
juvenile
court
services,
the
department
of
health
and
16
human
services,
and
local
law
enforcement
authorities.
The
17
disclosure
of
information
shall
be
directly
related
to
the
18
juvenile
justice
system’s
ability
to
effectively
serve,
prior
19
to
adjudication,
the
student
whose
records
are
being
released.
20
Sec.
1043.
Section
280.29,
subsection
1,
paragraph
e,
Code
21
2023,
is
amended
to
read
as
follows:
22
e.
Enter
into
a
memorandum
of
understanding
with
the
23
department
of
health
and
human
services
regarding
the
exchange
24
of
information
as
appropriate
to
facilitate
the
enrollment
25
transition
of
children
adjudicated
under
chapter
232
or
26
receiving
foster
care
services
from
one
school
to
another
27
school.
28
Sec.
1044.
Section
280.32,
subsections
3
and
6,
Code
2023,
29
are
amended
to
read
as
follows:
30
3.
Radon
testing
pursuant
to
this
section
conducted
on
and
31
after
July
1,
2022,
shall
be
conducted
by
a
person
certified
32
to
conduct
such
testing
pursuant
to
section
136B.1
or
by
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district
employees
that
have
completed
a
school
radon
testing
34
training
program
approved
by
the
department
of
education
and
35
the
department
of
public
health
and
human
services
.
District
1
employees
that
have
completed
training
shall
not
perform
2
testing
services
in
locations
other
than
the
employee’s
3
employing
district.
The
department
of
public
health
and
human
4
services
shall
maintain
and
make
available
to
school
districts
5
a
list
of
such
approved
school
radon
testing
training
programs.
6
Testing
shall
be
based
on
recognized
national
standards
that
7
outline
school
radon
testing
practices.
8
6.
In
consultation
with
appropriate
stakeholders
and
the
9
department
of
education,
the
department
of
public
health
and
10
human
services
shall
adopt
rules
to
administer
this
section
.
11
Sec.
1045.
Section
280A.1,
subsection
3,
Code
2023,
is
12
amended
to
read
as
follows:
13
3.
“Behavioral
health
screening”
or
“screening”
means
a
14
screening
and
assessment
performed
using
a
universal
behavioral
15
health
screening
and
assessment
tool,
approved
for
use
by
the
16
department
of
education
in
consultation
with
the
department
of
17
public
health
and
the
department
of
human
services,
to
identify
18
factors
that
place
children
at
higher
risk
for
behavioral
19
health
conditions,
to
determine
appropriate
treatment
or
20
intervention,
and
to
identify
the
need
for
referral
for
21
appropriate
services.
22
Sec.
1046.
Section
282.18,
subsection
7,
paragraph
b,
Code
23
2023,
is
amended
to
read
as
follows:
24
b.
If
a
request
to
transfer
is
due
to
a
change
in
family
25
residence,
a
change
in
a
child’s
residence
from
the
residence
26
of
one
parent
or
guardian
to
the
residence
of
a
different
27
parent
or
guardian,
a
change
in
the
state
in
which
the
family
28
residence
is
located,
a
change
in
a
child’s
parents’
marital
29
status,
a
guardianship
proceeding,
placement
in
foster
care,
30
adoption,
participation
in
a
foreign
exchange
program,
or
31
participation
in
a
substance
abuse
use
disorder
or
mental
32
health
treatment
program,
and
the
child
who
is
the
subject
of
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the
request
is
enrolled
in
any
grade
from
kindergarten
through
34
grade
twelve
or
who
is
a
prekindergarten
student
enrolled
in
a
35
special
education
program
at
the
time
of
the
request
and
is
not
1
currently
using
any
provision
of
open
enrollment,
the
parent
or
2
guardian
of
the
child
shall
have
the
option
to
have
the
child
3
remain
in
the
child’s
original
district
of
residence
under
open
4
enrollment
with
no
interruption
in
the
child’s
educational
5
program.
If
a
parent
or
guardian
exercises
this
option,
the
6
child’s
new
district
of
residence
is
not
required
to
pay
the
7
amount
calculated
in
subsection
5
or
6
,
as
applicable,
until
8
the
start
of
the
first
full
year
of
enrollment
of
the
child.
9
Sec.
1047.
Section
282.18,
subsection
9,
paragraph
a,
10
subparagraph
(8),
Code
2023,
is
amended
to
read
as
follows:
11
(8)
If
the
pupil
participates
in
open
enrollment
because
12
of
circumstances
that
meet
the
definition
of
good
cause.
For
13
purposes
of
this
subparagraph,
“good
cause”
means
a
change
in
a
14
child’s
residence
due
to
a
change
in
family
residence,
a
change
15
in
a
child’s
residence
from
the
residence
of
one
parent
or
16
guardian
to
the
residence
of
a
different
parent
or
guardian,
a
17
change
in
the
state
in
which
the
family
residence
is
located,
18
a
change
in
a
child’s
parents’
marital
status,
a
guardianship
19
or
custody
proceeding,
placement
in
foster
care,
adoption,
20
participation
in
a
foreign
exchange
program,
initial
placement
21
of
a
prekindergarten
student
in
a
special
education
program
22
requiring
specially
designed
instruction,
or
participation
23
in
a
substance
abuse
use
disorder
or
mental
health
treatment
24
program,
a
change
in
the
status
of
a
child’s
resident
district
25
such
as
removal
of
accreditation
by
the
state
board,
surrender
26
of
accreditation,
or
permanent
closure
of
a
nonpublic
school,
27
revocation
of
a
charter
school
contract
as
provided
in
section
28
256E.10
or
256F.8
,
the
failure
of
negotiations
for
a
whole
29
grade
sharing,
reorganization,
dissolution
agreement,
or
the
30
rejection
of
a
current
whole
grade
sharing
agreement,
or
31
reorganization
plan.
32
Sec.
1048.
Section
282.19,
Code
2023,
is
amended
to
read
as
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follows:
34
282.19
Child
living
in
substance
abuse
use
disorder
or
foster
35
care
placement.
1
1.
A
child
who
is
living
in
a
facility
that
provides
2
residential
treatment
as
“facility”
is
defined
in
section
3
125.2
,
which
is
located
in
a
school
district
other
than
the
4
school
district
in
which
the
child
resided
before
entering
the
5
facility
may
enroll
in
and
attend
an
accredited
school
in
the
6
school
district
in
which
the
child
is
living.
7
2.
A
child
who
is
living
in
a
licensed
individual
or
agency
8
child
foster
care
facility,
as
defined
in
section
237.1
,
or
9
in
an
unlicensed
relative
foster
care
placement,
shall
remain
10
enrolled
in
and
attend
an
accredited
school
in
the
school
11
district
in
which
the
child
resided
and
is
enrolled
at
the
12
time
of
placement,
unless
it
is
determined
by
the
juvenile
13
court
or
the
public
or
private
agency
of
this
state
that
has
14
responsibility
for
the
child’s
placement
that
remaining
in
such
15
school
is
not
in
the
best
interests
of
the
child.
If
such
16
a
determination
is
made,
the
child
may
attend
an
accredited
17
school
located
in
the
school
district
in
which
the
child
is
18
living
and
not
in
the
school
district
in
which
the
child
19
resided
prior
to
receiving
foster
care.
20
3.
The
instructional
costs
for
students
who
do
not
require
21
special
education
shall
be
paid
as
provided
in
section
282.31,
22
subsection
1
,
paragraph
“b”
,
or
for
students
who
require
23
special
education
shall
be
paid
as
provided
in
section
282.31,
24
subsection
2
or
3
.
25
Sec.
1049.
Section
282.27,
subsection
3,
paragraph
b,
Code
26
2023,
is
amended
to
read
as
follows:
27
b.
The
child
is
not
placed
by
the
department
of
health
and
28
human
services
or
a
court
in
a
day
program
treatment
program
in
29
such
psychiatric
unit
or
institution.
30
Sec.
1050.
Section
282.27,
subsection
4,
paragraph
b,
Code
31
2023,
is
amended
to
read
as
follows:
32
b.
The
child
is
not
placed
by
the
department
of
health
and
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human
services
or
a
court
in
a
day
program
treatment
program
in
34
such
psychiatric
unit
or
institution.
35
Sec.
1051.
Section
282.33,
subsection
1,
Code
2023,
is
1
amended
to
read
as
follows:
2
1.
A
child
who
resides
in
an
institution
for
children
3
under
the
jurisdiction
of
the
director
of
health
and
human
4
services
referred
to
in
section
218.1,
subsection
3,
4,
or
5
5,
or
6,
and
who
is
not
enrolled
in
the
educational
program
6
of
the
district
of
residence
of
the
child,
shall
receive
7
appropriate
educational
services.
The
institution
in
which
8
the
child
resides
shall
submit
a
proposed
program
and
budget
9
based
on
the
average
daily
attendance
of
the
children
residing
10
in
the
institution
to
the
department
of
education
and
the
11
department
of
health
and
human
services
by
January
1
for
the
12
next
succeeding
school
year.
The
department
of
education
shall
13
review
and
approve
or
modify
the
proposed
program
and
budget
14
and
shall
notify
the
department
of
administrative
services
of
15
its
action
by
February
1.
The
department
of
administrative
16
services
shall
pay
the
approved
budget
amount
to
the
department
17
of
health
and
human
services
in
monthly
installments
beginning
18
September
15
and
ending
June
15
of
the
next
succeeding
school
19
year.
The
installments
shall
be
as
nearly
equal
as
possible
as
20
determined
by
the
department
of
administrative
services,
taking
21
into
consideration
the
relative
budget
and
cash
position
of
the
22
state’s
resources.
The
department
of
administrative
services
23
shall
pay
the
approved
budget
amount
for
the
department
24
of
health
and
human
services
from
the
moneys
appropriated
25
under
section
257.16
and
the
department
of
health
and
human
26
services
shall
distribute
the
payment
to
the
institution.
The
27
institution
shall
submit
an
accounting
for
the
actual
cost
of
28
the
program
to
the
department
of
education
by
August
1
of
the
29
following
school
year.
The
department
shall
review
and
approve
30
or
modify
all
expenditures
incurred
in
compliance
with
the
31
guidelines
adopted
pursuant
to
section
256.7,
subsection
10
,
32
and
shall
notify
the
department
of
administrative
services
of
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the
approved
accounting
amount.
The
approved
accounting
amount
34
shall
be
compared
with
any
amounts
paid
by
the
department
of
35
administrative
services
to
the
department
of
health
and
human
1
services
and
any
differences
added
to
or
subtracted
from
the
2
October
payment
made
under
this
subsection
for
the
next
school
3
year.
Any
amount
paid
by
the
department
of
administrative
4
services
shall
be
deducted
monthly
from
the
state
foundation
5
aid
paid
under
section
257.16
to
all
school
districts
in
the
6
state
during
the
subsequent
fiscal
year.
The
portion
of
the
7
total
amount
of
the
approved
budget
that
shall
be
deducted
from
8
the
state
aid
of
a
school
district
shall
be
the
same
as
the
9
ratio
that
the
budget
enrollment
for
the
budget
year
of
the
10
school
district
bears
to
the
total
budget
enrollment
in
the
11
state
for
that
budget
year
in
which
the
deduction
is
made.
12
Sec.
1052.
Section
283A.2,
subsection
3,
Code
2023,
is
13
amended
to
read
as
follows:
14
3.
Each
school
district
that
operates
or
provides
for
15
a
school
breakfast
or
lunch
program
shall
provide
for
the
16
forwarding
of
information
from
the
applications
for
the
school
17
breakfast
or
lunch
program,
for
which
federal
funding
is
18
provided,
to
identify
children
for
enrollment
in
the
medical
19
assistance
program
pursuant
to
chapter
249A
or
the
healthy
20
and
well
kids
in
Iowa
program
pursuant
to
chapter
514I
to
the
21
department
of
health
and
human
services.
22
Sec.
1053.
Section
285.1,
subsection
1,
paragraph
a,
23
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
24
(3)
Children
attending
prekindergarten
programs
offered
or
25
sponsored
by
the
district
or
nonpublic
school
and
approved
by
26
the
department
of
education
or
department
of
health
and
human
27
services
or
children
participating
in
preschool
in
an
approved
28
local
program
under
chapter
256C
may
be
provided
transportation
29
services.
However,
transportation
services
provided
to
30
nonpublic
school
children
are
not
eligible
for
reimbursement
31
under
this
chapter
.
32
Sec.
1054.
Section
303.3C,
subsection
1,
paragraph
a,
Code
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2023,
is
amended
to
read
as
follows:
34
a.
The
department
of
cultural
affairs
shall
establish
35
and
administer
an
Iowa
great
places
program
for
purposes
1
of
combining
resources
of
state
government
in
an
effort
to
2
showcase
the
unique
and
authentic
qualities
of
communities,
3
regions,
neighborhoods,
and
districts
that
make
such
places
4
exceptional
places
to
work
and
live.
The
department
of
5
cultural
affairs
shall
provide
administrative
assistance
to
6
the
Iowa
great
places
board.
The
department
of
cultural
7
affairs
shall
coordinate
the
efforts
of
the
Iowa
great
places
8
board
with
the
efforts
of
state
agencies
participating
in
9
the
program
which
shall
include
,
but
not
be
limited
to
,
the
10
economic
development
authority,
the
Iowa
finance
authority,
the
11
department
of
health
and
human
rights
services
,
the
department
12
of
natural
resources,
the
state
department
of
transportation,
13
and
the
department
of
workforce
development.
14
Sec.
1055.
Section
307.24,
subsection
5,
paragraph
b,
Code
15
2023,
is
amended
to
read
as
follows:
16
b.
For
department
of
health
and
human
services
facility
17
roads,
six
and
one-half
percent.
18
Sec.
1056.
Section
321.1,
subsection
8,
paragraph
g,
Code
19
2023,
is
amended
to
read
as
follows:
20
g.
If
authorized
to
transport
patients
or
clients
by
the
21
director
of
the
department
of
health
and
human
services
or
the
22
director’s
designee,
an
employee
of
the
department
of
health
23
and
human
services
is
not
a
chauffeur
when
transporting
the
24
patients
or
clients
in
an
automobile.
25
Sec.
1057.
Section
321.19,
subsection
1,
paragraph
c,
26
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
27
(3)
Persons
in
the
department
of
justice,
the
alcoholic
28
beverages
division
of
the
department
of
commerce,
disease
29
investigators
of
the
Iowa
department
of
public
health
and
human
30
services
,
the
department
of
inspections
and
appeals,
and
the
31
department
of
revenue,
who
are
regularly
assigned
to
conduct
32
investigations
which
cannot
reasonably
be
conducted
with
a
33
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vehicle
displaying
“official”
state
registration
plates.
34
Sec.
1058.
Section
321.34,
subsection
11A,
paragraphs
b
and
35
c,
Code
2023,
are
amended
to
read
as
follows:
1
b.
Love
our
kids
plates
shall
be
designed
by
the
department
2
in
cooperation
with
the
Iowa
department
of
public
health
and
3
human
services
.
4
c.
The
special
fee
for
letter-number
designated
love
our
5
kids
plates
is
thirty-five
dollars.
The
fee
for
personalized
6
love
our
kids
plates
is
twenty-five
dollars,
which
shall
7
be
paid
in
addition
to
the
special
love
our
kids
fee
of
8
thirty-five
dollars.
The
fees
collected
by
the
director
under
9
this
subsection
shall
be
paid
monthly
to
the
treasurer
of
10
state
and
deposited
in
the
road
use
tax
fund.
The
treasurer
11
of
state
shall
transfer
monthly
from
the
statutory
allocations
12
fund
created
under
section
321.145,
subsection
2
,
to
the
Iowa
13
department
of
public
health
and
human
services
the
amount
14
of
the
special
fees
collected
in
the
previous
month
for
the
15
love
our
kids
plates.
Notwithstanding
section
8.33
,
moneys
16
transferred
under
this
subsection
shall
not
revert
to
the
17
general
fund
of
the
state.
18
Sec.
1059.
Section
321.34,
subsection
23,
paragraph
c,
Code
19
2023,
is
amended
to
read
as
follows:
20
c.
The
special
fee
for
letter-number
designated
breast
21
cancer
awareness
plates
is
thirty-five
dollars.
The
fee
for
22
personalized
breast
cancer
awareness
plates
is
twenty-five
23
dollars,
which
shall
be
paid
in
addition
to
the
special
24
breast
cancer
awareness
fee
of
thirty-five
dollars.
The
fees
25
collected
by
the
director
under
this
subsection
shall
be
paid
26
monthly
to
the
treasurer
of
state
and
deposited
in
the
road
27
use
tax
fund.
The
treasurer
of
state
shall
transfer
monthly
28
from
the
statutory
allocations
fund
created
under
section
29
321.145,
subsection
2
,
to
the
Iowa
department
of
public
health
30
and
human
services
the
amount
of
the
special
fees
collected
31
in
the
previous
month
for
the
breast
cancer
awareness
plates
32
and
such
funds
are
appropriated
to
the
Iowa
department
of
33
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public
health
and
human
services
.
The
Iowa
department
of
34
public
health
and
human
services
shall
distribute
one
hundred
35
percent
of
the
funds
received
monthly
in
the
form
of
grants
to
1
support
breast
cancer
screenings
for
both
men
and
women
who
2
meet
eligibility
requirements
like
those
established
by
the
3
Susan
G.
Komen
foundation.
In
the
awarding
of
grants,
the
Iowa
4
department
of
public
health
and
human
services
shall
give
first
5
consideration
to
affiliates
of
the
Susan
G.
Komen
foundation
6
and
similar
nonprofit
organizations
providing
for
breast
cancer
7
screenings
at
no
cost
in
Iowa.
Notwithstanding
section
8.33
,
8
moneys
transferred
under
this
subsection
shall
not
revert
to
9
the
general
fund
of
the
state.
10
Sec.
1060.
Section
321.178,
subsection
1,
paragraph
a,
11
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
12
(1)
A
minimum
of
four
hours
of
instruction
concerning
13
substance
abuse
use
disorder
and
distracted
driving.
14
Sec.
1061.
Section
321.178A,
subsection
3,
paragraph
a,
15
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
16
(2)
Instruction
concerning
substance
abuse
use
disorder
and
17
distracted
driving.
18
Sec.
1062.
Section
321.215,
subsection
1,
paragraph
a,
19
subparagraph
(4),
Code
2023,
is
amended
to
read
as
follows:
20
(4)
The
person’s
substance
abuse
use
disorder
treatment.
21
Sec.
1063.
Section
321.231B,
subsection
1,
paragraph
b,
22
Code
2023,
is
amended
to
read
as
follows:
23
b.
An
emergency
medical
care
provider,
as
defined
in
24
section
147A.1
,
operating
the
authorized
emergency
vehicle
who
25
has
completed
an
emergency
vehicle
operations
course
and
any
26
applicable
continuing
education
requirements
established
or
27
approved
by
the
department
of
public
health
and
human
services
.
28
Sec.
1064.
Section
321.423,
subsection
7,
paragraph
a,
29
subparagraph
(2),
unnumbered
paragraph
1,
Code
2023,
is
amended
30
to
read
as
follows:
31
On
a
vehicle
authorized
by
the
director
of
public
health
and
32
human
services
when
all
of
the
following
apply:
33
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Sec.
1065.
Section
321.423,
subsection
7,
paragraph
a,
34
subparagraph
(2),
subparagraph
division
(b),
Code
2023,
is
35
amended
to
read
as
follows:
1
(b)
The
request
for
authorization
is
made
by
the
member
2
on
forms
provided
by
the
Iowa
department
of
public
health
and
3
human
services
.
4
Sec.
1066.
Section
321.423,
subsection
7,
paragraph
b,
Code
5
2023,
is
amended
to
read
as
follows:
6
b.
The
Iowa
department
of
public
health
and
human
services
7
shall
adopt
rules
to
establish
issuance
standards,
including
8
allowing
local
emergency
medical
service
providers
to
issue
9
certificates
of
authorization,
and
shall
adopt
rules
to
10
establish
certificate
of
authorization
revocation
procedures.
11
Sec.
1067.
Section
321.451,
subsection
1,
paragraph
h,
Code
12
2023,
is
amended
to
read
as
follows:
13
h.
A
vehicle
owned
by
a
chief,
medical
director,
or
14
certified
medical
provider
of
an
authorized
emergency
medical
15
service,
if
the
application
for
a
certificate
of
designation
is
16
requested
by
the
chief,
medical
officer,
or
medical
director
17
of
the
authorized
emergency
medical
service.
However,
the
18
department
shall
not
approve
an
application
received
pursuant
19
to
this
paragraph
unless
the
owner
of
the
vehicle
has
completed
20
an
emergency
vehicle
operations
course
approved
by
the
21
department
of
public
health
and
human
services
,
and
provided
22
proof
of
financial
liability
coverage
or
risk
pool
coverage.
23
Sec.
1068.
Section
321J.2,
subsection
3,
paragraph
e,
Code
24
2023,
is
amended
to
read
as
follows:
25
e.
Assignment
to
substance
abuse
use
disorder
evaluation
and
26
treatment,
a
course
for
drinking
drivers,
and,
if
available
and
27
appropriate,
a
reality
education
substance
abuse
use
disorder
28
prevention
program
pursuant
to
section
321J.24
.
29
Sec.
1069.
Section
321J.2,
subsection
4,
paragraph
d,
Code
30
2023,
is
amended
to
read
as
follows:
31
d.
Assignment
to
substance
abuse
use
disorder
evaluation
and
32
treatment,
a
course
for
drinking
drivers,
and,
if
available
and
33
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appropriate,
a
reality
education
substance
abuse
use
disorder
34
prevention
program
pursuant
to
section
321J.24
.
35
Sec.
1070.
Section
321J.2,
subsection
5,
paragraph
d,
Code
1
2023,
is
amended
to
read
as
follows:
2
d.
Assignment
to
substance
abuse
use
disorder
evaluation
and
3
treatment,
a
course
for
drinking
drivers,
and,
if
available
and
4
appropriate,
a
reality
education
substance
abuse
use
disorder
5
prevention
program
pursuant
to
section
321J.24
.
6
Sec.
1071.
Section
321J.2,
subsection
7,
paragraphs
a
and
b,
7
Code
2023,
are
amended
to
read
as
follows:
8
a.
All
persons
convicted
of
an
offense
under
subsection
2
9
shall
be
ordered,
at
the
person’s
expense,
to
undergo,
prior
10
to
sentencing,
a
substance
abuse
use
disorder
evaluation.
The
11
court
shall
order
the
person
to
follow
the
recommendations
12
proposed
in
the
substance
abuse
use
disorder
evaluation
as
13
provided
in
section
321J.3
.
14
b.
Where
the
program
is
available
and
is
appropriate
for
15
the
convicted
person,
a
person
convicted
of
an
offense
under
16
subsection
2
shall
be
ordered
to
participate
in
a
reality
17
education
substance
abuse
use
disorder
prevention
program
as
18
provided
in
section
321J.24
.
19
Sec.
1072.
Section
321J.3,
Code
2023,
is
amended
to
read
as
20
follows:
21
321J.3
Substance
abuse
use
disorder
evaluation
or
treatment
22
——
rules.
23
1.
a.
In
addition
to
orders
issued
pursuant
to
section
24
321J.2,
subsections
3,
4,
and
5
,
and
section
321J.17
,
the
court
25
shall
order
any
defendant
convicted
under
section
321J.2
to
26
follow
the
recommendations
proposed
in
the
substance
abuse
27
use
disorder
evaluation
for
appropriate
substance
abuse
use
28
disorder
treatment
for
the
defendant.
Court-ordered
substance
29
abuse
use
disorder
treatment
is
subject
to
the
periodic
30
reporting
requirements
of
section
125.86
.
31
b.
If
a
defendant
is
committed
by
the
court
to
a
substance
32
abuse
use
disorder
treatment
facility,
the
administrator
of
the
33
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facility
shall
report
to
the
court
when
it
is
determined
that
34
the
defendant
has
received
the
maximum
benefit
of
treatment
35
at
the
facility
and
the
defendant
shall
be
released
from
the
1
facility.
The
time
for
which
the
defendant
is
committed
for
2
treatment
shall
be
credited
against
the
defendant’s
sentence.
3
c.
The
court
may
prescribe
the
length
of
time
for
the
4
evaluation
and
treatment
or
it
may
request
that
the
community
5
college
or
other
approved
provider
conducting
the
course
6
for
drinking
drivers
which
the
person
is
ordered
to
attend
7
or
the
treatment
program
to
which
the
person
is
committed
8
immediately
report
to
the
court
when
the
person
has
received
9
maximum
benefit
from
the
course
for
drinking
drivers
or
10
treatment
program
or
has
recovered
from
the
person’s
addiction,
11
dependency,
or
tendency
to
chronically
abuse
use
alcohol
or
12
drugs.
13
d.
Upon
successfully
completing
a
course
for
drinking
14
drivers
or
an
ordered
substance
abuse
use
disorder
treatment
15
program,
a
court
may
place
the
person
on
probation
for
six
16
months
and
as
a
condition
of
probation,
the
person
shall
17
attend
a
program
providing
posttreatment
services
relating
to
18
substance
abuse
use
disorder
as
approved
by
the
court.
19
e.
A
person
committed
under
this
section
who
does
not
20
possess
sufficient
income
or
estate
to
make
payment
of
the
21
costs
of
the
treatment
in
whole
or
in
part
shall
be
considered
22
a
state
patient
and
the
costs
of
treatment
shall
be
paid
as
23
provided
in
section
125.44
.
24
f.
A
defendant
who
fails
to
carry
out
the
order
of
the
25
court
shall
be
confined
in
the
county
jail
for
twenty
days
in
26
addition
to
any
other
imprisonment
ordered
by
the
court
or
may
27
be
ordered
to
perform
unpaid
community
service
work,
and
shall
28
be
placed
on
probation
for
one
year
with
a
violation
of
this
29
probation
punishable
as
contempt
of
court.
30
g.
In
addition
to
any
other
condition
of
probation,
the
31
person
shall
attend
a
program
providing
substance
abuse
use
32
disorder
prevention
services
or
posttreatment
services
related
33
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to
substance
abuse
use
disorder
as
ordered
by
the
court.
The
34
person
shall
report
to
the
person’s
probation
officer
as
35
ordered
concerning
proof
of
attendance
at
the
treatment
program
1
or
posttreatment
program
ordered
by
the
court.
Failure
to
2
attend
or
complete
the
program
shall
be
considered
a
violation
3
of
probation
and
is
punishable
as
contempt
of
court.
4
2.
a.
Upon
a
second
or
subsequent
offense
in
violation
of
5
section
321J.2
,
the
court
upon
hearing
may
commit
the
defendant
6
for
inpatient
treatment
of
alcoholism
or
drug
addiction
7
or
dependency
to
any
hospital,
institution,
or
community
8
correctional
facility
in
Iowa
providing
such
treatment.
The
9
time
for
which
the
defendant
is
committed
for
treatment
shall
10
be
credited
against
the
defendant’s
sentence.
11
b.
The
court
may
prescribe
the
length
of
time
for
the
12
evaluation
and
treatment
or
it
may
request
that
the
hospital
13
to
which
the
person
is
committed
immediately
report
to
the
14
court
when
the
person
has
received
maximum
benefit
from
the
15
program
of
the
hospital
or
institution
or
has
recovered
from
16
the
person’s
addiction,
dependency,
or
tendency
to
chronically
17
abuse
use
alcohol
or
drugs.
18
c.
A
person
committed
under
this
section
who
does
not
19
possess
sufficient
income
or
estate
to
make
payment
of
the
20
costs
of
the
treatment
in
whole
or
in
part
shall
be
considered
21
a
state
patient
and
the
costs
of
treatment
shall
be
paid
as
22
provided
in
section
125.44
.
23
3.
The
state
department
of
transportation,
in
cooperation
24
with
the
judicial
branch,
shall
adopt
rules,
pursuant
to
the
25
procedure
in
section
125.33
,
regarding
the
assignment
of
26
persons
ordered
under
section
321J.17
to
submit
to
substance
27
abuse
use
disorder
evaluation
and
treatment.
The
rules
shall
28
be
applicable
only
to
persons
other
than
those
committed
to
29
the
custody
of
the
director
of
the
department
of
corrections
30
under
section
321J.2
.
The
rules
shall
be
consistent
with
the
31
practices
and
procedures
of
the
judicial
branch
in
sentencing
32
persons
to
substance
abuse
use
disorder
evaluation
and
33
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treatment
under
section
321J.2
.
The
rules
shall
include
the
34
requirement
that
the
treatment
programs
utilized
by
a
person
35
pursuant
to
an
order
of
the
department
of
transportation
meet
1
the
licensure
standards
of
the
department
of
public
health
2
and
human
services
for
substance
abuse
use
disorder
treatment
3
programs
under
chapter
125
.
The
rules
shall
also
include
4
provisions
for
payment
of
costs
by
the
offenders,
including
5
insurance
reimbursement
on
behalf
of
offenders,
or
other
forms
6
of
funding,
and
shall
also
address
reporting
requirements
of
7
the
facility,
consistent
with
the
provisions
of
sections
125.84
8
and
125.86
.
The
department
of
transportation
shall
be
entitled
9
to
treatment
information
contained
in
reports
to
the
department
10
of
transportation,
notwithstanding
any
provision
of
chapter
125
11
that
would
restrict
department
access
to
treatment
information
12
and
records.
13
Sec.
1073.
Section
321J.17,
subsection
2,
paragraph
b,
Code
14
2023,
is
amended
to
read
as
follows:
15
b.
The
court
or
department
may
request
that
the
community
16
college
or
substance
abuse
use
disorder
treatment
providers
17
licensed
under
chapter
125
or
other
approved
provider
18
conducting
the
course
for
drinking
drivers
that
the
person
is
19
ordered
to
attend
immediately
report
to
the
court
or
department
20
that
the
person
has
successfully
completed
the
course
for
21
drinking
drivers.
The
court
or
department
may
request
that
the
22
treatment
program
which
the
person
attends
periodically
report
23
on
the
defendant’s
attendance
and
participation
in
the
program,
24
as
well
as
the
status
of
treatment
or
rehabilitation.
25
Sec.
1074.
Section
321J.22,
subsections
2,
4,
and
5,
Code
26
2023,
are
amended
to
read
as
follows:
27
2.
a.
The
course
provided
according
to
this
section
shall
28
be
offered
on
a
regular
basis
at
each
community
college
as
29
defined
in
section
260C.2
,
or
by
substance
abuse
use
disorder
30
treatment
programs
licensed
under
chapter
125
,
or
may
be
31
offered
at
a
state
correctional
facility
listed
in
section
32
904.102
.
However,
a
community
college
shall
not
be
required
to
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offer
the
course
if
a
substance
abuse
use
disorder
treatment
34
program
licensed
under
chapter
125
offers
the
course
within
the
35
merged
area
served
by
the
community
college.
1
b.
Enrollment
in
the
courses
is
not
limited
to
persons
2
ordered
to
enroll,
attend,
and
successfully
complete
the
3
course
required
under
sections
321J.2
and
321J.17,
subsection
4
2
.
However,
any
person
under
age
eighteen
who
is
required
to
5
attend
the
courses
for
violation
of
section
321J.2
or
321J.17
6
must
attend
a
course
offered
by
a
substance
abuse
use
disorder
7
treatment
program
licensed
under
chapter
125
.
8
c.
The
course
required
by
this
section
shall
be:
9
(1)
Taught
by
a
community
college
under
the
supervision
10
of
the
department
of
education
or
by
a
substance
abuse
use
11
disorder
treatment
program
licensed
under
chapter
125
,
and
may
12
be
offered
at
a
state
correctional
facility.
13
(2)
Approved
by
the
department
of
education,
in
14
consultation
with
the
community
colleges,
substance
abuse
15
use
disorder
treatment
programs
licensed
under
chapter
125
,
16
the
department
of
public
health
and
human
services
,
and
the
17
department
of
corrections.
18
d.
The
department
of
education
may
approve
a
provider
of
19
a
course
for
drinking
drivers
offered
outside
this
state
upon
20
proof
to
the
department’s
satisfaction
that
the
course
is
21
comparable
to
those
offered
by
community
colleges,
substance
22
abuse
use
disorder
treatment
programs
licensed
under
chapter
23
125
,
and
state
correctional
facilities
as
provided
in
this
24
section
.
The
department
shall
comply
with
the
requirements
of
25
subsection
5
regarding
such
approved
providers.
26
e.
The
department
of
education
shall
establish
reasonable
27
fees
to
defray
the
expense
of
obtaining
classroom
space,
28
instructor
salaries,
and
class
materials
for
courses
offered
29
both
by
community
colleges
and
by
substance
abuse
use
30
disorder
treatment
programs
licensed
under
chapter
125
,
or
31
for
classes
offered
at
a
state
correctional
facility,
and
32
for
administrative
expenses
incurred
by
the
department
of
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education
in
implementing
subsection
5
on
behalf
of
in-state
34
and
out-of-state
offenders.
35
f.
A
person
shall
not
be
denied
enrollment
in
a
course
by
1
reason
of
the
person’s
indigency.
2
4.
The
department
of
education,
substance
abuse
use
3
disorder
treatment
programs
licensed
under
chapter
125
,
4
and
state
correctional
facilities
shall
prepare
for
their
5
respective
courses
a
list
of
the
locations
of
the
courses
6
taught
under
this
section
,
the
dates
and
times
taught,
the
7
procedure
for
enrollment,
and
the
schedule
of
course
fees.
The
8
list
shall
be
kept
current
and
a
copy
of
the
list
shall
be
sent
9
to
each
court
having
jurisdiction
over
offenses
provided
in
10
this
chapter
.
11
5.
The
department
of
education,
substance
abuse
use
12
disorder
treatment
programs
licensed
under
chapter
125
,
and
13
state
correctional
facilities
shall
maintain
enrollment,
14
attendance,
successful
and
nonsuccessful
completion
data
for
15
their
respective
courses
on
the
persons
ordered
to
enroll,
16
attend,
and
successfully
complete
a
course
for
drinking
17
drivers.
This
data
shall
be
forwarded
to
the
court
by
the
18
department
of
education,
substance
abuse
use
disorder
treatment
19
programs
licensed
under
chapter
125
,
and
the
department
of
20
corrections.
21
Sec.
1075.
Section
321J.23,
subsection
5,
Code
2023,
is
22
amended
to
read
as
follows:
23
5.
The
reality
education
substance
abuse
use
disorder
24
prevention
program
provides
guidelines
for
the
operation
of
an
25
intensive
program
to
discourage
recidivism.
26
Sec.
1076.
Section
321J.24,
subsection
1,
paragraphs
b
and
27
c,
Code
2023,
are
amended
to
read
as
follows:
28
b.
“Participant”
means
a
person
who
is
ordered
by
the
court
29
to
participate
in
the
reality
education
substance
abuse
use
30
disorder
prevention
program.
31
c.
“Program”
means
the
reality
education
substance
abuse
use
32
disorder
prevention
program.
33
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Sec.
1077.
Section
321J.24,
subsection
2,
Code
2023,
is
34
amended
to
read
as
follows:
35
2.
A
reality
education
substance
abuse
use
disorder
1
prevention
program
is
established
in
those
judicial
2
districts
where
the
chief
judge
of
the
judicial
district
3
authorizes
participation
in
the
program.
Upon
a
conviction
4
or
adjudication
for
a
violation
of
section
321J.2
,
or
the
5
entry
of
a
deferred
judgment
concerning
a
violation
of
section
6
321J.2
,
the
court
or
juvenile
court
may
order
participation
in
7
the
reality
education
substance
abuse
use
disorder
prevention
8
program
as
a
term
and
condition
of
probation
or
disposition
9
in
addition
to
any
other
term
or
condition
of
probation
or
10
disposition
required
or
authorized
by
law.
The
court
or
11
juvenile
court
shall
require
the
defendant
or
delinquent
child
12
to
abstain
from
consuming
any
controlled
substance,
alcoholic
13
liquor,
wine,
or
beer
while
participating
in
the
program.
14
Sec.
1078.
Section
321J.24,
subsection
5,
paragraph
a,
15
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
16
(2)
A
facility
for
the
treatment
of
persons
with
17
substance-related
disorders
a
substance
use
disorder
as
defined
18
in
section
125.2
,
under
the
supervision
of
appropriately
19
licensed
medical
personnel.
20
Sec.
1079.
Section
321J.25,
Code
2023,
is
amended
to
read
21
as
follows:
22
321J.25
Youthful
offender
substance
abuse
use
disorder
23
awareness
program.
24
1.
As
used
in
this
section
,
unless
the
context
otherwise
25
requires:
26
a.
“Participant”
means
a
person
whose
driver’s
license
or
27
operating
privilege
has
been
revoked
for
a
violation
of
section
28
321J.2A
.
29
b.
“Program”
means
a
substance
abuse
use
disorder
awareness
30
program
provided
under
a
contract
entered
into
between
the
31
provider
and
the
Iowa
department
of
public
health
and
human
32
services
under
chapter
125
.
33
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c.
“Program
coordinator”
means
a
person
assigned
the
duty
34
to
coordinate
a
participant’s
activities
in
a
program
by
the
35
program
provider.
1
2.
A
substance
abuse
use
disorder
awareness
program
is
2
established
in
each
of
the
regions
established
by
the
director
3
of
public
health
and
human
services
pursuant
to
section
4
125.12
.
The
program
shall
consist
of
an
insight
class
and
5
a
substance
abuse
use
disorder
evaluation,
which
shall
be
6
attended
by
the
participant,
to
discuss
issues
related
to
the
7
potential
consequences
of
substance
abuse
use
disorder
.
The
8
parent
or
parents
of
the
participant
shall
also
be
encouraged
9
to
participate
in
the
program.
The
program
provider
shall
10
consult
with
the
participant
or
the
parents
of
the
participant
11
in
the
program
to
determine
the
timing
and
appropriate
level
12
of
participation
for
the
participant
and
any
participation
by
13
the
participant’s
parents.
The
program
may
also
include
a
14
supervised
educational
tour
by
the
participant
to
any
or
all
15
of
the
following:
16
a.
A
hospital
or
other
emergency
medical
care
facility
17
which
regularly
receives
victims
of
motor
vehicle
accidents,
18
to
observe
treatment
of
appropriate
victims
of
motor
vehicle
19
accidents
involving
intoxicated
drivers,
under
the
supervision
20
of
a
registered
nurse,
physician,
paramedic,
or
emergency
21
medical
technician.
22
b.
A
facility
for
the
treatment
of
persons
with
23
substance-related
disorders
a
substance
use
disorder
as
defined
24
in
section
125.2
,
under
the
supervision
of
appropriately
25
licensed
medical
personnel.
26
c.
If
approved
by
the
state
or
county
medical
examiner,
a
27
morgue
or
a
similar
facility
to
receive
appropriate
educational
28
material
and
instruction
concerning
damage
caused
by
the
29
consumption
of
alcohol
or
other
drugs,
under
the
supervision
of
30
the
county
medical
examiner
or
deputy
medical
examiner.
31
3.
If
the
program
includes
a
tour,
the
program
coordinator
32
shall
explain
and
discuss
the
experiences
which
may
be
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encountered
during
the
tour
to
the
participant.
If
the
program
34
coordinator
determines
at
any
time
before
or
during
a
tour
that
35
the
tour
may
be
traumatic
or
otherwise
inappropriate
for
the
1
participant,
the
program
coordinator
shall
terminate
the
tour
2
without
prejudice
to
the
participant.
3
4.
Upon
the
revocation
of
the
driver’s
license
or
operating
4
privileges
of
a
person
who
is
fourteen
years
of
age
or
older
5
for
a
violation
of
section
321J.2A
,
if
the
person
has
had
no
6
previous
revocations
under
either
section
321J.2
or
section
7
321J.2A
,
a
person
may
participate
in
the
substance
abuse
8
use
disorder
awareness
program.
The
state
department
of
9
transportation
shall
notify
a
potential
program
participant
10
of
the
possibility
and
potential
benefits
of
attending
a
11
program
and
shall
notify
a
potential
program
participant
of
the
12
availability
of
programs
which
exist
in
the
area
in
which
the
13
person
resides.
The
state
department
of
transportation
shall
14
consult
with
the
Iowa
department
of
public
health
and
human
15
services
to
determine
what
programs
are
available
in
various
16
areas
of
the
state.
17
5.
Program
providers
and
facilities
toured
during
the
18
program
are
not
liable
for
any
civil
damages
resulting
from
19
injury
to
the
participant,
or
civil
damages
caused
by
the
20
participant
during
or
from
any
activities
related
to
a
tour,
21
except
for
willful
or
grossly
negligent
acts
intended
to,
or
22
reasonably
expected
to
result
in,
such
injury
or
damage.
23
6.
The
program
provider
shall
determine
fees
to
be
paid
by
24
participants
in
the
program.
The
program
fees
shall
be
paid
on
25
a
sliding
scale,
based
upon
the
ability
of
a
participant
and
a
26
participant’s
family
to
pay
the
fees,
and
shall
not
exceed
one
27
hundred
dollars
per
participant.
The
program
provider
shall
28
use
the
fees
to
pay
all
costs
associated
with
the
program.
29
Sec.
1080.
Section
324A.1,
subsection
6,
Code
2023,
is
30
amended
to
read
as
follows:
31
6.
“Transportation”
means
the
movement
of
individuals
32
in
a
four
or
more
wheeled
motorized
vehicle
designed
to
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carry
passengers,
including
a
car,
van,
or
bus,
between
one
34
geographic
point
and
another
geographic
point.
“Transportation”
35
does
not
include
emergency
or
incidental
transportation
or
1
transportation
conducted
by
the
department
of
health
and
human
2
services
at
its
institutions.
3
Sec.
1081.
Section
324A.4,
subsection
2,
paragraph
a,
Code
4
2023,
is
amended
to
read
as
follows:
5
a.
Upon
request,
the
department
shall
provide
assistance
6
to
political
subdivisions,
state
agencies,
and
organizations
7
affected
by
this
chapter
for
federal
aid
applications
for
urban
8
and
rural
transit
system
program
aid.
The
department,
in
9
cooperation
with
the
regional
planning
agencies,
shall
maintain
10
current
information
reflecting
the
amount
of
federal,
state,
11
and
local
aid
received
by
the
public
and
private
nonprofit
12
organizations
providing
public
transit
services
and
the
purpose
13
for
which
the
aid
is
received.
The
department
shall
biennially
14
prepare
a
report
to
be
submitted
to
the
general
assembly
and
15
the
governor
prior
to
December
15
of
even-numbered
years.
The
16
report
shall
recommend
methods
to
increase
transportation
17
coordination
and
improve
the
efficiency
of
federal,
state,
18
and
local
government
programs
used
to
finance
public
transit
19
services
and
may
address
other
topics
as
appropriate.
The
20
department
of
health
and
human
services
,
the
department
on
21
aging,
and
the
officers
and
agents
of
the
other
affected
state
22
and
local
government
units
shall
provide
input
as
requested
by
23
the
department.
24
Sec.
1082.
Section
324A.5,
unnumbered
paragraph
1,
Code
25
2023,
is
amended
to
read
as
follows:
26
The
department
of
health
and
human
services
,
department
on
27
aging,
and
the
officers
and
agents
of
other
state
and
local
28
governmental
units
shall
assist
the
department
in
carrying
out
29
section
324A.4,
subsections
1
and
2
,
insofar
as
the
functions
30
of
these
respective
officers
and
departments
are
concerned
31
with
the
health,
welfare
and
safety
of
any
recipient
of
32
transportation
services.
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Sec.
1083.
Section
331.304,
subsection
9,
Code
2023,
is
34
amended
to
read
as
follows:
35
9.
A
county
shall
not
adopt
or
enforce
any
ordinance
1
imposing
any
registration
or
licensing
system
or
registration
2
or
license
fees
for
or
relating
to
owner-occupied
manufactured
3
or
mobile
homes
including
the
lots,
lands,
or
manufactured
4
home
community
or
mobile
home
park
upon
or
in
which
they
are
5
located.
A
county
shall
not
adopt
or
enforce
any
ordinance
6
imposing
any
registration
or
licensing
system,
or
registration
7
or
license
fees,
or
safety
or
sanitary
standards
for
rental
8
manufactured
or
mobile
homes
unless
similar
registration
or
9
licensing
system,
or
registration
or
license
fees,
or
safety
10
or
sanitary
standards
are
required
for
other
rental
properties
11
intended
for
human
habitation.
This
subsection
does
not
12
preclude
the
investigation
and
abatement
of
a
nuisance
or
the
13
enforcement
of
a
tiedown
system,
or
the
enforcement
of
any
14
regulations
of
the
state
council
on
health
and
human
services
15
or
local
board
of
health
if
those
regulations
apply
to
other
16
rental
properties
or
to
owner-occupied
housing
intended
for
17
human
habitation.
18
Sec.
1084.
Section
331.321,
subsection
1,
paragraph
f,
Code
19
2023,
is
amended
to
read
as
follows:
20
f.
The
members
of
the
service
area
advisory
board
in
21
accordance
with
section
217.43
.
22
Sec.
1085.
Section
331.323,
subsection
1,
paragraph
a,
23
subparagraph
(9),
Code
2023,
is
amended
to
read
as
follows:
24
(9)
Executive
officer
of
the
service
area
advisory
board
in
25
accordance
with
section
217.43
.
26
Sec.
1086.
Section
331.382,
subsections
3
and
6,
Code
2023,
27
are
amended
to
read
as
follows:
28
3.
The
power
to
legislate
in
regard
to
chemical
substance
29
abuse
use
is
subject
to
section
125.40
.
30
6.
The
power
to
operate
juvenile
detention
and
shelter
care
31
homes
is
subject
to
approval
of
the
homes
by
the
director
of
32
the
department
of
health
and
human
services
or
the
director’s
33
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designee,
as
provided
in
section
232.142
.
34
Sec.
1087.
Section
331.388,
Code
2023,
is
amended
to
read
35
as
follows:
1
331.388
Definitions.
2
As
used
in
this
part,
unless
the
context
otherwise
requires:
3
1.
“Children’s
behavioral
health
services”
means
the
same
as
4
defined
in
section
225C.2
.
5
2.
“Department”
means
the
department
of
health
and
human
6
services.
7
3.
“Director”
means
the
director
of
health
and
human
8
services.
9
3.
4.
“Disability
services”
means
the
same
as
defined
in
10
section
225C.2
.
11
4.
5.
“Population”
means,
as
of
July
1
of
the
fiscal
year
12
preceding
the
fiscal
year
in
which
the
population
figure
is
13
applied,
the
population
shown
by
the
latest
preceding
certified
14
federal
census
or
the
latest
applicable
population
estimate
15
issued
by
the
United
States
census
bureau,
whichever
is
most
16
recent.
17
5.
6.
“Regional
administrator”
means
the
administrative
18
office,
organization,
or
entity
formed
by
agreement
of
the
19
counties
participating
in
a
region
to
function
on
behalf
of
20
those
counties
in
accordance
with
this
part.
21
6.
7.
“Serious
emotional
disturbance”
means
the
same
as
22
defined
in
section
225C.2
.
23
7.
8.
“State
board”
means
the
children’s
system
state
board
24
created
in
section
225C.51
.
25
8.
9.
“State
commission”
means
the
mental
health
and
26
disability
services
commission
created
in
section
225C.5
.
27
Sec.
1088.
Section
331.389,
subsections
1
and
2,
Code
2023,
28
are
amended
to
read
as
follows:
29
1.
Local
access
to
mental
health
and
disability
services
30
shall
be
provided
by
a
regional
service
system
comprised
of
31
mental
health
and
disability
services
regions
approved
by
the
32
director
of
the
department
.
It
is
the
intent
of
the
general
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assembly
that
the
residents
of
this
state
should
have
access
to
34
needed
mental
health
and
disability
services
regardless
of
the
35
location
of
their
residence.
1
2.
The
director
of
human
services
shall
approve
a
region
2
meeting
the
requirements
of
subsection
3
.
3
Sec.
1089.
Section
331.390,
subsection
2,
paragraph
c,
Code
4
2023,
is
amended
to
read
as
follows:
5
c.
The
membership
of
the
governing
board
shall
not
include
6
employees
of
the
department
of
human
services
or
a
nonelected
7
employee
of
a
county.
8
Sec.
1090.
Section
331.391,
subsection
4,
paragraph
b,
Code
9
2023,
is
amended
to
read
as
follows:
10
b.
Each
region
shall
certify
to
the
department
of
human
11
services
on
or
before
December
1,
2021,
and
each
December
1
12
thereafter,
the
amount
of
the
region’s
cash
flow
amount
in
13
the
combined
account
at
the
conclusion
of
the
most
recently
14
completed
fiscal
year.
15
Sec.
1091.
Section
331.393,
subsection
2,
unnumbered
16
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
17
Each
region
shall
submit
to
the
department
an
annual
18
service
and
budget
plan
approved
by
the
region’s
governing
19
board
and
subject
to
approval
by
the
director
of
human
20
services
.
Provisions
for
approval
by
the
director
of
human
21
services’
approval
of
the
annual
service
and
budget
plan,
22
and
any
amendments
to
the
plan,
and
other
requirements
shall
23
be
specified
in
rule
adopted
by
the
state
commission.
The
24
provisions
addressed
in
the
annual
plan
shall
include
but
are
25
not
limited
to
all
of
the
following:
26
Sec.
1092.
Section
331.393,
subsection
4,
unnumbered
27
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
28
The
region
shall
have
in
effect
a
policies
and
procedures
29
manual
for
the
regional
service
system.
The
manual
shall
be
30
approved
by
the
region’s
governing
board
and
is
subject
to
31
approval
by
the
director
of
human
services
.
An
approved
manual
32
shall
remain
in
effect
subject
to
amendment.
An
amendment
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to
the
manual
shall
be
submitted
to
the
department
at
least
34
forty-five
days
prior
to
the
date
of
implementation
of
the
35
amendment.
Prior
to
implementation
of
an
amendment
to
the
1
manual,
the
amendment
must
be
approved
by
the
director
of
human
2
services
in
consultation
with
the
state
commission.
The
manual
3
shall
include
but
is
not
limited
to
all
of
the
following:
4
Sec.
1093.
Section
331.393,
subsections
5
and
8,
Code
2023,
5
are
amended
to
read
as
follows:
6
5.
The
provisions
of
a
regional
service
system
management
7
plan
shall
include
measures
to
address
the
needs
of
persons
8
who
have
two
or
more
co-occurring
mental
health,
intellectual
9
or
other
developmental
disability,
brain
injury,
or
10
substance-related
substance
use
disorders
and
individuals
with
11
specialized
needs.
Implementation
of
measures
to
meet
the
12
needs
of
persons
with
a
developmental
disability
other
than
13
intellectual
disability,
brain
injury,
or
substance-related
14
disorders
a
substance
use
disorder
is
contingent
upon
15
identification
of
a
funding
source
to
meet
those
needs
and
16
implementation
of
provisions
to
engage
the
entity
under
17
contract
with
the
state
to
provide
services
to
address
18
substance-related
substance
use
disorders
within
the
regional
19
service
system.
20
8.
If
a
region
determines
that
the
region
cannot
provide
21
services
for
the
fiscal
year
in
accordance
with
the
regional
22
plan
and
remain
in
compliance
with
applicable
budgeting
23
requirements,
the
region
may
implement
a
waiting
list
for
24
the
services.
The
procedures
for
establishing
and
applying
25
a
waiting
list
shall
be
specified
in
the
regional
plan.
If
26
a
region
implements
a
waiting
list
for
services,
the
region
27
shall
notify
the
department
of
human
services
.
The
department
28
shall
maintain
on
the
department’s
internet
site
an
up-to-date
29
listing
of
the
regions
that
have
implemented
a
waiting
list
and
30
the
services
affected
by
each
waiting
list.
31
Sec.
1094.
Section
331.394,
subsection
1,
paragraph
a,
Code
32
2023,
is
amended
to
read
as
follows:
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a.
“County
of
residence”
means
the
county
in
this
state
in
34
which,
at
the
time
a
person
applies
for
or
receives
services,
35
the
person
is
living
and
has
established
an
ongoing
presence
1
with
the
declared,
good
faith
intention
of
living
in
the
2
county
for
a
permanent
or
indefinite
period
of
time.
The
3
county
of
residence
of
a
person
who
is
a
homeless
person
is
4
the
county
where
the
homeless
person
usually
sleeps.
A
person
5
maintains
residency
in
the
county
or
state
in
which
the
person
6
last
resided
while
the
person
is
present
in
another
county
or
7
this
state
receiving
services
in
a
hospital,
a
correctional
8
facility,
a
halfway
house
for
community-based
corrections
or
9
substance-related
substance
use
disorder
treatment,
a
nursing
10
facility,
an
intermediate
care
facility
for
persons
with
an
11
intellectual
disability,
or
a
residential
care
facility,
or
for
12
the
purpose
of
attending
a
college
or
university.
13
Sec.
1095.
Section
331.394,
subsection
3,
Code
2023,
is
14
amended
to
read
as
follows:
15
3.
If
a
service
authorization
or
other
services-related
16
decision
made
by
a
regional
administrator
concerning
a
person
17
varies
from
the
type
and
amount
of
service
identified
to
be
18
necessary
for
the
person
in
a
clinical
determination
made
by
a
19
mental
health
professional
and
the
mental
health
professional
20
believes
that
failure
to
provide
the
type
and
amount
of
service
21
identified
could
cause
an
immediate
danger
to
the
person’s
22
health
or
safety,
the
person
may
request
an
expedited
review
23
of
the
regional
administrator’s
decision
to
be
made
by
the
24
department
of
human
services
.
An
expedited
review
held
in
25
accordance
with
this
subsection
is
subject
to
the
following
26
procedures:
27
a.
The
request
for
the
expedited
review
shall
be
filed
28
within
five
business
days
of
receiving
the
notice
of
decision
29
by
the
regional
administrator.
The
request
must
be
in
writing,
30
plainly
state
the
request
for
an
expedited
review
in
the
31
caption
and
body
of
the
request,
and
be
supported
by
written
32
documentation
from
the
mental
health
professional
who
made
the
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clinical
determination
stating
how
the
notice
of
decision
on
34
services
could
cause
an
immediate
danger
to
the
person’s
health
35
or
safety.
1
b.
The
expedited
review
shall
be
performed
by
a
designee
2
of
the
director
who
is
a
mental
health
professional
,
who
is
3
either
the
administrator
of
the
division
of
mental
health
and
4
disability
services
of
the
department
of
human
services
or
the
5
administrator’s
designee.
If
the
administrator
is
not
a
mental
6
health
professional,
the
expedited
review
shall
be
performed
7
by
a
designee
of
the
administrator
who
is
a
mental
health
8
professional
and
is
free
of
any
conflict
of
interest
to
perform
9
the
expedited
review.
The
expedited
review
shall
be
performed
10
within
two
business
days
of
the
time
the
request
is
filed.
If
11
the
reviewer
determines
the
information
submitted
in
connection
12
with
the
request
is
inadequate
to
perform
the
review,
the
13
reviewer
shall
request
the
submission
of
additional
information
14
and
the
review
shall
be
performed
within
two
business
days
of
15
the
time
that
adequate
information
is
submitted.
The
regional
16
administrator
and
the
person,
with
the
assistance
of
the
mental
17
health
professional
who
made
the
clinical
determination,
shall
18
each
provide
a
brief
statement
of
facts,
conclusions,
and
19
reasons
for
the
decision
made.
Supporting
clinical
information
20
shall
also
be
attached.
All
information
related
to
the
21
proceedings
and
any
related
filings
shall
be
considered
to
be
22
mental
health
information
subject
to
chapter
228
.
23
c.
The
administrator
or
director’s
designee
shall
issue
24
an
order,
including
a
brief
statement
of
findings
of
fact,
25
conclusions
of
law,
and
policy
reasons
for
the
order,
to
26
justify
the
decision
made
concerning
the
expedited
review.
27
If
the
decision
concurs
with
the
contention
that
there
is
an
28
immediate
danger
to
the
person’s
health
or
safety,
the
order
29
shall
identify
the
type
and
amount
of
service
which
shall
be
30
provided
for
the
person.
The
administrator
or
director’s
31
designee
shall
give
such
notice
as
is
practicable
to
persons
32
who
are
required
to
comply
with
the
order.
The
order
is
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effective
when
issued.
34
d.
The
decision
of
the
administrator
or
director’s
designee
35
shall
be
considered
a
final
agency
action
and
is
subject
to
1
judicial
review
in
accordance
with
section
17A.19
.
The
record
2
for
judicial
review
consists
of
any
documents
regarding
the
3
matter
that
were
considered
or
prepared
by
the
administrator
or
4
director’s
designee.
The
administrator
or
director’s
designee
5
shall
maintain
these
documents
as
the
official
record
of
the
6
decision.
If
the
matter
is
appealed
to
the
district
court,
the
7
record
shall
be
filed
as
confidential.
8
Sec.
1096.
Section
331.396,
subsection
1,
paragraphs
c
and
9
d,
Code
2023,
are
amended
to
read
as
follows:
10
c.
The
person
has
had
at
any
time
during
the
preceding
11
twelve-month
period
a
mental
health,
behavioral,
or
emotional
12
disorder
or,
in
the
opinion
of
a
mental
health
professional,
13
may
now
have
such
a
diagnosable
disorder.
The
diagnosis
14
shall
be
made
in
accordance
with
the
criteria
provided
in
15
the
diagnostic
and
statistical
manual
of
mental
disorders,
16
fourth
edition,
text
revision,
published
by
the
American
17
psychiatric
association,
and
shall
not
include
the
manual’s
18
“V”
codes
identifying
conditions
other
than
a
disease
or
19
injury.
The
diagnosis
shall
also
not
include
substance-related
20
substance
use
disorders,
dementia,
antisocial
personality,
or
21
developmental
disabilities,
unless
co-occurring
with
another
22
diagnosable
mental
illness.
23
d.
The
person’s
eligibility
for
individualized
services
24
shall
be
determined
in
accordance
with
the
standardized
25
functional
assessment
methodology
approved
for
mental
health
26
services
by
the
director
of
human
services
in
consultation
with
27
the
state
commission.
28
Sec.
1097.
Section
331.396,
subsection
2,
paragraph
e,
Code
29
2023,
is
amended
to
read
as
follows:
30
e.
The
person’s
eligibility
for
individualized
services
31
shall
be
determined
in
accordance
with
the
standardized
32
functional
assessment
methodology
approved
for
intellectual
33
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disability
and
developmental
disability
services
by
the
34
director
of
human
services
.
35
Sec.
1098.
Section
331.396,
subsection
3,
paragraph
d,
Code
1
2023,
is
amended
to
read
as
follows:
2
d.
The
person’s
eligibility
for
individualized
services
3
shall
be
determined
in
accordance
with
a
standardized
4
functional
assessment
methodology
approved
for
this
purpose
by
5
the
director
of
human
services
.
6
Sec.
1099.
Section
331.397,
subsection
2,
paragraph
a,
7
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
8
(2)
Subject
to
the
available
appropriations,
the
director
9
of
human
services
shall
ensure
the
core
service
domains
listed
10
in
subsections
4
and
5
are
covered
services
for
the
medical
11
assistance
program
under
chapter
249A
to
the
greatest
extent
12
allowable
under
federal
regulations.
The
medical
assistance
13
program
shall
reimburse
Medicaid
enrolled
providers
for
14
Medicaid
covered
services
under
subsections
4
and
5
when
15
the
services
are
medically
necessary,
the
Medicaid
enrolled
16
provider
submits
an
appropriate
claim
for
such
services,
and
17
no
other
third-party
payer
is
responsible
for
reimbursement
of
18
such
services.
Within
funds
available,
the
region
shall
pay
19
for
such
services
for
eligible
persons
when
payment
through
the
20
medical
assistance
program
or
another
third-party
payment
is
21
not
available,
unless
the
person
is
on
a
waiting
list
for
such
22
payment
or
it
has
been
determined
that
the
person
does
not
meet
23
the
eligibility
criteria
for
any
such
service.
24
Sec.
1100.
Section
331.397,
subsection
3,
unnumbered
25
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
26
Pursuant
to
recommendations
made
by
the
director
of
human
27
services
,
the
state
commission
shall
adopt
rules
as
required
28
by
section
225C.6
to
define
the
services
included
in
the
core
29
service
domains
listed
in
this
section
.
The
rules
shall
30
provide
service
definitions,
service
provider
standards,
31
service
access
standards,
and
service
implementation
dates,
and
32
shall
provide
consistency,
to
the
extent
possible,
with
similar
33
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service
definitions
under
the
medical
assistance
program.
34
Sec.
1101.
Section
331.397A,
subsection
2,
paragraph
a,
35
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
1
(2)
Subject
to
the
available
appropriations,
the
director
2
of
human
services
shall
ensure
the
behavioral
health
core
3
service
domains
listed
in
subsection
4
are
covered
services
4
for
the
medical
assistance
program
under
chapter
249A
to
the
5
greatest
extent
allowable
under
federal
regulations.
The
6
medical
assistance
program
shall
reimburse
Medicaid
enrolled
7
providers
for
Medicaid
covered
services
under
subsection
4
when
8
the
services
are
medically
necessary,
the
Medicaid
enrolled
9
provider
submits
an
appropriate
claim
for
such
services,
and
10
no
other
third-party
payor
is
responsible
for
reimbursement
11
of
such
services.
Within
the
funds
available,
the
region
12
shall
pay
for
such
services
for
eligible
children
when
payment
13
through
the
medical
assistance
program
or
another
third-party
14
payment
is
not
available,
unless
the
child
is
on
a
waiting
list
15
for
such
payment
or
it
has
been
determined
that
the
child
does
16
not
meet
the
eligibility
criteria
for
any
such
service.
17
Sec.
1102.
Section
331.397A,
subsection
3,
Code
2023,
is
18
amended
to
read
as
follows:
19
3.
Pursuant
to
recommendations
made
by
the
state
board,
the
20
department
of
human
services
shall
adopt
rules
to
define
the
21
services
included
in
the
core
domains
listed
in
this
section
.
22
The
rules
shall
provide
service
definitions,
service
provider
23
standards,
service
access
standards,
and
service
implementation
24
dates,
and
shall
provide
consistency,
to
the
extent
possible,
25
with
similar
service
definitions
under
the
medical
assistance
26
program.
27
Sec.
1103.
Section
331.398,
subsection
1,
Code
2023,
is
28
amended
to
read
as
follows:
29
1.
The
financing
of
a
regional
mental
health
and
disability
30
services
regional
service
system
is
limited
to
a
fixed
budget
31
amount.
The
fixed
budget
amount
shall
be
the
amount
identified
32
in
a
regional
service
system
management
plan
and
budget
for
the
33
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fiscal
year.
34
Sec.
1104.
Section
331.402,
subsection
2,
paragraph
b,
Code
35
2023,
is
amended
to
read
as
follows:
1
b.
Enter
into
an
agreement
with
the
state
department
of
2
health
and
human
services
for
assistance
in
accordance
with
3
section
249A.12
.
4
Sec.
1105.
Section
331.424,
subsection
1,
paragraph
5
a,
subparagraph
(1),
subparagraph
division
(a),
unnumbered
6
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
7
The
costs
of
inpatient
or
outpatient
substance
abuse
use
8
disorder
admission,
commitment,
transportation,
care,
and
9
treatment
at
any
of
the
following:
10
Sec.
1106.
Section
331.756,
subsections
26
and
39,
Code
11
2023,
are
amended
to
read
as
follows:
12
26.
At
the
request
of
the
director
of
public
health
and
13
human
services
,
commence
legal
action
to
enjoin
the
unlawful
14
use
of
radiation-emitting
equipment
as
provided
in
section
15
136C.5
.
16
39.
Appear
on
behalf
of
the
administrator
of
the
division
17
of
mental
health
and
disability
services
director
of
the
18
department
of
health
and
human
services
in
support
of
an
19
application
to
transfer
a
person
with
mental
illness
who
20
becomes
incorrigible
and
dangerous
from
a
state
hospital
for
21
persons
with
mental
illness
mental
health
institute
to
the
22
Iowa
medical
and
classification
center
as
provided
in
section
23
226.30
.
24
Sec.
1107.
Section
331.910,
Code
2023,
is
amended
to
read
25
as
follows:
26
331.910
Interstate
contracts
for
mental
health
and
27
substance-related
substance
use
disorder
treatment.
28
1.
Purpose.
The
purpose
of
this
section
is
to
enable
29
appropriate
care
and
treatment
to
be
provided
to
a
person
with
30
a
substance-related
substance
use
disorder
or
a
mental
illness,
31
across
state
lines
from
the
person’s
state
of
residence,
in
32
qualified
hospitals,
centers,
and
facilities.
33
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2.
Definitions.
For
the
purposes
of
this
section
:
34
a.
“Bordering
state”
means
Illinois,
Minnesota,
Missouri,
35
Nebraska,
South
Dakota,
or
Wisconsin.
1
b.
“Receiving
agency”
means
a
public
or
private
hospital,
2
mental
health
center,
substance
abuse
use
disorder
treatment
3
and
rehabilitation
facility,
or
detoxification
center,
which
4
provides
substance
abuse
use
disorder
or
mental
health
care
5
and
treatment
to
a
person
from
a
state
other
than
the
state
in
6
which
a
hospital,
center,
or
facility
is
located.
7
c.
“Receiving
state”
means
the
state
in
which
a
receiving
8
agency
is
located.
9
d.
“Region”
means
a
mental
health
and
disability
services
10
region
formed
in
accordance
with
section
331.389
.
11
e.
“Sending
agency”
means
a
state
or
regional
agency
12
located
in
a
state
which
sends
a
person
to
a
receiving
state
13
for
substance
abuse
use
disorder
or
mental
health
care
and
14
treatment
under
this
section
.
15
f.
“Sending
state”
means
the
state
in
which
a
sending
agency
16
is
located.
17
3.
Voluntary
civil
commitments.
18
a.
A
region
may
contract
with
a
receiving
agency
in
a
19
bordering
state
to
secure
substance
abuse
use
disorder
or
20
mental
health
care
and
treatment
under
this
subsection
for
21
persons
who
receive
substance
abuse
use
disorder
or
mental
22
health
care
and
treatment
pursuant
to
section
125.33
,
125.91
,
23
229.2
,
or
229.22
through
a
region.
24
b.
This
subsection
shall
not
apply
to
a
person
who
is
any
25
of
the
following:
26
(1)
Serving
a
criminal
sentence.
27
(2)
On
probation
or
parole.
28
(3)
The
subject
of
a
presentence
investigation.
29
c.
A
region
may
contract
with
a
sending
agency
in
a
30
bordering
state
to
provide
care
and
treatment
under
this
31
subsection
for
residents
of
the
bordering
state
in
approved
32
substance
abuse
use
disorder
and
mental
health
care
and
33
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treatment
hospitals,
centers,
and
facilities
in
this
state,
34
except
that
care
and
treatment
shall
not
be
provided
for
35
residents
of
the
bordering
state
who
are
involved
in
criminal
1
proceedings
substantially
similar
to
the
involvement
described
2
in
paragraph
“b”
.
3
4.
Involuntary
civil
commitments.
4
a.
A
person
who
is
detained,
committed,
or
placed
on
an
5
involuntary
basis
under
section
125.75
,
125.91
,
229.6
,
or
6
229.22
may
be
civilly
committed
and
treated
in
another
state
7
pursuant
to
a
contract
under
this
subsection
.
8
b.
A
person
who
is
detained,
committed,
or
placed
on
9
an
involuntary
basis
under
the
civil
commitment
laws
of
a
10
bordering
state
substantially
similar
to
section
125.75
,
11
125.91
,
229.6
,
or
229.22
may
be
civilly
committed
and
treated
12
in
this
state
pursuant
to
a
contract
under
this
subsection
.
13
c.
A
law
enforcement
officer
acting
under
the
authority
of
a
14
sending
state
may
transport
a
person
to
a
receiving
agency
that
15
provides
substance
abuse
use
disorder
or
mental
health
care
and
16
treatment
pursuant
to
a
contract
under
this
subsection
and
may
17
transport
the
person
back
to
the
sending
state
under
the
laws
18
of
the
sending
state.
19
d.
Court
orders
valid
under
the
law
of
the
sending
state
20
are
granted
recognition
and
reciprocity
in
the
receiving
state
21
for
a
person
covered
by
a
contract
under
this
subsection
to
22
the
extent
that
the
court
orders
relate
to
civil
commitment
23
for
substance
abuse
use
disorder
or
mental
health
care
and
24
treatment.
Such
care
and
treatment
may
include
care
and
25
treatment
for
co-occurring
substance-related
substance
use
and
26
mental
health
disorders.
Such
court
orders
are
not
subject
to
27
legal
challenge
in
the
courts
of
the
receiving
state.
28
e.
A
person
who
is
detained,
committed,
or
placed
under
the
29
laws
of
a
sending
state
and
who
is
transferred
to
a
receiving
30
state
under
this
subsection
shall
be
considered
to
be
in
the
31
legal
custody
of
the
authority
responsible
for
the
person
under
32
the
laws
of
the
sending
state
with
respect
to
the
involuntary
33
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civil
commitment
of
the
person
due
to
a
mental
illness
or
a
34
substance-related
substance
use
disorder.
35
f.
While
in
the
receiving
state
pursuant
to
a
contract
1
under
this
subsection
,
a
person
detained,
committed,
or
placed
2
under
the
laws
of
a
sending
state
shall
be
subject
to
all
laws
3
and
regulations
of
the
receiving
state,
except
those
laws
and
4
regulations
with
respect
to
the
involuntary
civil
commitment
5
of
the
person
due
to
a
mental
illness
or
substance-related
6
substance
use
disorder.
A
person
shall
not
be
sent
to
a
7
receiving
state
pursuant
to
a
contract
under
this
subsection
8
until
the
receiving
state
has
enacted
a
law
recognizing
the
9
validity
and
applicability
of
this
subsection
.
10
g.
If
a
person
receiving
care
and
treatment
pursuant
to
11
a
contract
under
this
subsection
escapes
from
the
receiving
12
agency
and
the
person
at
the
time
of
the
escape
is
subject
to
13
involuntary
civil
commitment
under
the
laws
of
the
sending
14
state,
the
receiving
agency
shall
use
all
reasonable
means
to
15
recapture
the
escapee.
The
receiving
agency
shall
immediately
16
report
the
escape
of
the
person
to
the
sending
agency.
The
17
receiving
state
has
the
primary
responsibility
for,
and
the
18
authority
to
direct,
the
pursuit,
retaking,
and
prosecution
of
19
escaped
persons
within
its
borders
and
is
liable
for
the
cost
20
of
such
action
to
the
extent
that
it
would
be
liable
for
costs
21
if
its
own
resident
escaped.
22
h.
Responsibility
for
payment
for
the
cost
of
care
and
23
treatment
under
this
subsection
shall
remain
with
the
sending
24
agency.
25
5.
A
contract
entered
into
under
this
section
shall,
at
a
26
minimum,
meet
all
of
the
following
requirements:
27
a.
Describe
the
care
and
treatment
to
be
provided.
28
b.
Establish
responsibility
for
the
costs
of
the
care
and
29
treatment,
except
as
otherwise
provided
in
subsection
4
.
30
c.
Establish
responsibility
for
the
costs
of
transporting
31
individuals
receiving
care
and
treatment
under
this
section
.
32
d.
Specify
the
duration
of
the
contract.
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e.
Specify
the
means
of
terminating
the
contract.
34
f.
Identify
the
goals
to
be
accomplished
by
the
placement
35
of
a
person
under
this
section
.
1
6.
This
section
shall
apply
to
all
of
the
following:
2
a.
Detoxification
services
that
are
unrelated
to
substance
3
abuse
use
disorder
or
mental
health
care
and
treatment
4
regardless
of
whether
the
care
and
treatment
are
provided
on
a
5
voluntary
or
involuntary
basis.
6
b.
Substance
abuse
use
disorder
and
mental
health
care
and
7
treatment
contracts
that
include
emergency
care
and
treatment
8
provided
to
a
resident
of
this
state
in
a
bordering
state.
9
Sec.
1108.
Section
347.7,
subsection
4,
paragraph
a,
Code
10
2023,
is
amended
to
read
as
follows:
11
a.
The
tax
levy
authorized
by
this
section
for
operation
12
and
maintenance
of
the
hospital
may
be
available
in
whole
or
in
13
part
to
any
county
with
or
without
a
county
hospital
organized
14
under
this
chapter
,
to
be
used
to
enhance
rural
health
services
15
in
the
county.
However,
the
tax
levied
may
be
expended
for
16
enhancement
of
rural
health
care
services
only
following
a
17
local
planning
process.
The
Iowa
department
of
public
health
18
and
human
services
shall
establish
guidelines
to
be
followed
19
by
counties
in
implementing
the
local
planning
process
which
20
shall
require
legal
notice,
public
hearings,
and
a
referendum
21
in
accordance
with
this
subsection
prior
to
the
authorization
22
of
any
new
levy
or
a
change
in
the
use
of
a
levy.
The
notice
23
shall
describe
the
new
levy
or
the
change
in
the
use
of
the
24
levy,
indicate
the
date
and
location
of
the
hearing,
and
shall
25
be
published
at
least
once
each
week
for
two
consecutive
weeks
26
in
a
newspaper
having
general
circulation
in
the
county.
The
27
hearing
shall
not
take
place
prior
to
two
weeks
after
the
28
second
publication.
29
Sec.
1109.
Section
347.16,
subsection
2,
Code
2023,
is
30
amended
to
read
as
follows:
31
2.
Free
care
and
treatment
shall
be
furnished
in
a
county
32
public
hospital
to
any
sick
or
injured
person
who
fulfills
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the
residency
requirements
under
section
47.4,
subsection
34
1
,
paragraph
“d”
,
Code
1993,
in
the
county
maintaining
the
35
hospital,
and
who
is
indigent.
The
board
of
hospital
trustees
1
shall
determine
whether
a
person
is
indigent
and
entitled
2
to
free
care
under
this
subsection
,
or
may
delegate
that
3
determination
to
the
general
assistance
director
or
the
office
4
of
the
department
of
health
and
human
services
in
that
county,
5
subject
to
guidelines
the
board
may
adopt
in
conformity
with
6
applicable
statutes.
7
Sec.
1110.
Section
347B.14,
Code
2023,
is
amended
to
read
8
as
follows:
9
347B.14
Effect
of
approval
of
plans.
10
When
plans
for
construction
or
modification
of
a
county
care
11
facility
have
been
properly
approved
by
the
Iowa
department
of
12
public
health
and
human
services
or
other
appropriate
state
13
agency,
the
facility
constructed
in
accord
with
the
plans
so
14
approved
shall
not
for
a
period
of
at
least
ten
years
from
15
completion
of
the
construction
or
modification
be
considered
16
deficient
or
ineligible
for
licensing
by
reason
of
failure
17
to
meet
any
regulation
or
standard
established
subsequent
to
18
approval
of
the
construction
and
modification
plans,
unless
a
19
clear
and
present
danger
exists
that
would
adversely
affect
the
20
residents
of
the
facility.
21
Sec.
1111.
Section
351.40,
Code
2023,
is
amended
to
read
as
22
follows:
23
351.40
Quarantine.
24
If
a
local
board
of
health
believes
rabies
to
be
epidemic,
or
25
believes
there
is
a
threat
of
epidemic,
in
its
jurisdiction,
26
it
may
declare
a
quarantine
in
all
or
part
of
the
area
under
27
its
jurisdiction
and
such
declaration
shall
be
reported
to
the
28
Iowa
department
of
public
health
and
human
services
.
During
29
the
period
of
quarantine,
any
person
owning
or
having
a
dog
in
30
the
person’s
possession
in
the
quarantined
area
shall
keep
such
31
animal
securely
enclosed
or
on
a
leash
for
the
duration
of
the
32
quarantine
period.
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Sec.
1112.
Section
356.37,
Code
2023,
is
amended
to
read
as
34
follows:
35
356.37
Confinement
and
detention
report
——
design
proposals.
1
The
division
of
subunit
of
the
department
of
health
and
2
human
services
responsible
for
criminal
and
juvenile
justice
3
planning
of
the
department
of
human
rights
,
in
consultation
4
with
the
department
of
corrections,
the
Iowa
county
attorneys
5
association,
the
Iowa
state
sheriff’s
association,
the
6
Iowa
peace
officers
association,
a
statewide
organization
7
representing
rural
property
taxpayers,
the
Iowa
league
of
8
cities,
and
the
Iowa
board
of
supervisors
association,
shall
9
prepare
a
report
analyzing
the
confinement
and
detention
10
needs
of
jails
and
facilities
established
pursuant
to
this
11
chapter
and
chapter
356A
.
The
report
for
each
type
of
jail
or
12
facility
shall
include
but
is
not
limited
to
an
inventory
of
13
prisoner
space,
daily
prisoner
counts,
options
for
detention
14
of
prisoners
with
mental
illness
or
substance
abuse
use
15
disorder
service
needs,
and
the
compliance
status
under
section
16
356.36
for
each
jail
or
facility.
The
report
shall
contain
an
17
inventory
of
recent
jail
or
facility
construction
projects
in
18
which
voters
have
approved
the
issuance
of
general
obligation
19
bonds,
essential
county
purpose
bonds,
revenue
bonds,
or
bonds
20
issued
pursuant
to
chapter
423B
.
The
report
shall
be
revised
21
periodically
as
directed
by
the
administrator
of
the
division
22
of
criminal
and
juvenile
justice
planning
director
of
health
23
and
human
services
.
The
first
submission
of
the
report
shall
24
include
recommendations
on
offender
data
needed
to
estimate
25
jail
space
needs
in
the
next
two,
three,
and
five
years,
on
a
26
county,
geographic
region,
and
statewide
basis,
which
may
be
27
based
upon
information
submitted
pursuant
to
section
356.49
.
28
Sec.
1113.
Section
356.48,
subsection
1,
Code
2023,
is
29
amended
to
read
as
follows:
30
1.
A
person
confined
to
a
jail
or
in
the
custody
of
a
peace
31
officer,
who
bites
another
person,
who
causes
an
exchange
of
32
bodily
fluids
with
another
person,
or
who
causes
any
bodily
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secretion
to
be
cast
upon
another
person,
shall
submit
to
the
34
withdrawal
of
a
bodily
specimen
for
testing
to
determine
if
35
the
person
is
infected
with
a
contagious
or
infectious
disease
1
as
defined
in
section
141A.2
.
The
bodily
specimen
to
be
taken
2
shall
be
determined
by
the
attending
physician
of
the
jail
3
or
the
county
medical
examiner.
The
specimen
taken
shall
be
4
sent
to
the
state
hygienic
laboratory
at
the
state
university
5
at
Iowa
City
or
some
other
laboratory
approved
by
the
Iowa
6
department
of
public
health
and
human
services
.
If
a
person
7
to
be
tested
pursuant
to
this
section
refuses
to
submit
to
the
8
withdrawal
of
a
bodily
specimen,
the
sheriff,
person
in
charge
9
of
the
jail,
or
any
potentially
infected
person
may
file
an
10
application
with
the
district
court
for
an
order
compelling
11
the
person
that
may
have
caused
an
infection
to
submit
to
the
12
withdrawal
and,
if
infected,
to
receive
available
treatment.
13
An
order
authorizing
the
withdrawal
of
a
specimen
for
testing
14
may
be
issued
only
by
a
district
judge
or
district
associate
15
judge
upon
application
by
the
sheriff,
person
in
charge
of
the
16
jail,
or
any
other
potentially
infected
person.
17
Sec.
1114.
Section
358.24,
subsection
3,
Code
2023,
is
18
amended
to
read
as
follows:
19
3.
A
sanitary
district
adjoining
a
border
of
the
state
and
20
owning
and
operating
a
sewage
disposal
plant,
may
contract
with
21
the
governing
body
of
any
legal
entity
in
an
adjacent
area
22
in
another
state,
to
process
the
sewage
from
the
area.
The
23
contract
shall
be
subject
to
approval
of
the
Iowa
department
of
24
public
health
and
human
services
.
25
Sec.
1115.
Section
364.3,
subsection
5,
Code
2023,
is
26
amended
to
read
as
follows:
27
5.
A
city
shall
not
adopt
or
enforce
any
ordinance
imposing
28
any
registration
or
licensing
system
or
registration
or
license
29
fees
for
or
relating
to
owner-occupied
manufactured
or
mobile
30
homes
including
the
lots,
lands,
or
manufactured
home
community
31
or
mobile
home
park
upon
or
in
which
they
are
located.
A
32
city
shall
not
adopt
or
enforce
any
ordinance
imposing
any
33
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registration
or
licensing
system,
or
registration
or
license
34
fees,
or
safety
or
sanitary
standards
for
rental
manufactured
35
or
mobile
homes
unless
a
similar
registration
or
licensing
1
system,
or
registration
or
license
fees,
or
safety
or
sanitary
2
standards
are
required
for
other
rental
properties
intended
3
for
human
habitation.
This
subsection
does
not
preclude
the
4
investigation
and
abatement
of
a
nuisance
or
the
enforcement
of
5
a
tiedown
system,
or
the
enforcement
of
any
regulations
of
the
6
state
council
on
health
and
human
services
or
local
board
of
7
health
if
those
regulations
apply
to
other
rental
properties
or
8
to
owner-occupied
housing
intended
for
human
habitation.
9
Sec.
1116.
Section
403A.23,
Code
2023,
is
amended
to
read
10
as
follows:
11
403A.23
Eligibility
of
persons
receiving
public
assistance.
12
Any
statute
to
the
contrary
notwithstanding,
no
person
13
otherwise
eligible
to
be
a
tenant
in
a
municipal
housing
14
project,
shall
be
declared
ineligible
therefor
or
denied
15
occupancy
therein
in
the
municipal
housing
project
merely
16
because
the
person
is
receiving
in
some
form
public
assistance
17
such
as
including
but
not
limited
to
federal
supplemental
18
security
income
or
state
supplementary
payments,
assistance
as
19
defined
by
section
249.1
,
or
welfare
assistance,
unemployment
20
compensation,
or
social
security
payments,
etc
.
21
Sec.
1117.
Section
411.6,
subsection
16,
paragraph
c,
Code
22
2023,
is
amended
to
read
as
follows:
23
c.
A
member
eligible
to
commence
receiving
a
disability
24
benefit
on
or
after
July
1,
2000,
may
be
ineligible
to
receive
25
a
disability
retirement
benefit
if
the
system
determines
that
26
the
member’s
alcoholism
or
drug
addiction
was
a
contributing
27
factor
material
to
the
determination
of
the
member’s
28
disability.
Upon
a
determination
that
the
member’s
alcoholism
29
or
drug
addiction
was
a
contributing
factor
in
the
member’s
30
disability,
the
system
shall
direct
the
member
to
undergo
31
substance
abuse
use
disorder
treatment
that
the
medical
board
32
determines
is
appropriate
to
treat
the
member’s
alcoholism
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or
drug
addiction.
After
the
end
of
a
twenty-four-month
34
period
following
the
member’s
first
month
of
entitlement
to
a
35
disability
benefit,
the
system
shall
reevaluate
the
member’s
1
disability.
If
the
system
determines
that
the
member
failed
to
2
comply
with
the
treatment
program
prescribed
by
this
paragraph
3
and
that
the
member
would
not
be
disabled
but
for
the
member’s
4
alcoholism
or
drug
addiction,
the
member’s
entitlement
to
a
5
disability
benefit
under
this
chapter
shall
terminate
effective
6
the
first
day
of
the
first
month
following
the
month
the
member
7
is
notified
of
the
system’s
determination.
8
Sec.
1118.
Section
421.17,
subsections
20
and
21,
Code
2023,
9
are
amended
to
read
as
follows:
10
20.
To
cooperate
with
the
child
support
recovery
unit
11
services
created
in
chapter
252B
to
establish
and
maintain
12
a
process
to
implement
the
provisions
of
section
252B.5,
13
subsection
9
.
The
department
of
revenue
shall
forward
to
14
individuals
meeting
the
criteria
under
section
252B.5,
15
subsection
9
,
paragraph
“a”
,
a
notice
by
first
class
mail
that
16
the
individual
is
obligated
to
file
a
state
estimated
tax
form
17
and
to
remit
a
separate
child
support
payment.
18
a.
Individuals
notified
shall
submit
a
state
estimated
tax
19
form
on
a
quarterly
basis.
20
b.
The
individual
shall
pay
monthly,
the
lesser
of
the
total
21
delinquency
or
one
hundred
fifty
percent
of
the
current
or
most
22
recent
monthly
obligation.
23
c.
The
individual
shall
remit
the
payment
to
the
department
24
of
revenue
separate
from
any
tax
liability
payments,
identify
25
the
payment
as
a
support
payment,
and
make
the
payment
payable
26
to
the
collection
services
center.
The
department
shall
27
forward
all
payments
received
pursuant
to
this
section
to
the
28
collection
services
center
established
pursuant
to
chapter
29
252B
,
for
processing
and
disbursement.
The
department
of
30
revenue
may
establish
a
process
for
the
child
support
recovery
31
unit
services
or
the
collection
services
center
to
directly
32
receive
the
payments.
For
purposes
of
crediting
the
support
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payments
pursuant
to
sections
252B.14
and
598.22
,
payments
34
received
by
the
department
of
revenue
and
forwarded
to
the
35
collection
services
center
shall
be
credited
as
if
received
1
directly
by
the
collection
services
center.
2
d.
The
notice
shall
provide
that,
as
an
alternative
to
the
3
provisions
of
paragraph
“b”
,
the
individual
may
contact
the
4
child
support
recovery
unit
services
to
formalize
a
repayment
5
plan
and
obtain
an
exemption
from
the
quarterly
filing
6
requirement
when
payments
are
made
pursuant
to
the
repayment
7
plan
or
to
contest
the
balance
due
listed
in
the
notice.
8
e.
The
department
of
revenue,
in
cooperation
with
the
child
9
support
recovery
unit
services
,
may
adopt
rules,
if
necessary,
10
to
implement
this
subsection
.
11
21.
To
provide
information
contained
in
state
individual
12
tax
returns
to
the
child
support
recovery
unit
services
13
for
the
purposes
of
establishment
or
enforcement
of
support
14
obligations.
The
department
of
revenue
and
child
support
15
recovery
unit
services
may
exchange
information
in
a
manual
or
16
automated
fashion.
The
department
of
revenue,
in
cooperation
17
with
the
child
support
recovery
unit
services
,
may
adopt
rules,
18
if
necessary,
to
implement
this
subsection
.
19
Sec.
1119.
Section
422.7,
subsection
42,
paragraph
a,
20
subparagraph
(6),
Code
2023,
is
amended
to
read
as
follows:
21
(6)
Subtract
to
the
extent
included
the
amount
of
a
22
recruitment
and
retention
bonus,
not
to
exceed
one
thousand
23
dollars,
received
by
a
child
care
worker
through
the
24
recruitment
and
retention
bonus
program
administered
by
the
25
department
of
health
and
human
services.
26
Sec.
1120.
Section
422.12A,
subsection
1,
paragraph
a,
Code
27
2023,
is
amended
to
read
as
follows:
28
a.
“Adoption”
means
the
permanent
placement
in
this
state
of
29
a
child
by
the
department
of
health
and
human
services,
by
an
30
adoption
service
provider
as
defined
in
section
600A.2
,
or
by
31
an
agency
that
meets
the
provisions
of
the
interstate
compact
32
in
section
232.158
.
33
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Sec.
1121.
Section
422.12A,
subsection
5,
Code
2023,
is
34
amended
to
read
as
follows:
35
5.
The
department
of
revenue
and
the
department
of
health
1
and
human
services
shall
each
adopt
rules
to
jointly
administer
2
this
section
.
3
Sec.
1122.
Section
422.12K,
subsection
3,
Code
2023,
is
4
amended
to
read
as
follows:
5
3.
The
department
of
health
and
human
services
may
authorize
6
payment
of
moneys
from
the
child
abuse
prevention
program
fund
7
in
accordance
with
section
235A.2
.
8
Sec.
1123.
Section
422D.6,
subsection
3,
paragraph
b,
Code
9
2023,
is
amended
to
read
as
follows:
10
b.
Nondisposable
essential
ambulance
equipment,
as
defined
11
by
rule
by
the
Iowa
department
of
public
health
and
human
12
services
.
13
Sec.
1124.
Section
423.3,
subsection
18,
paragraphs
b,
c,
d,
14
and
g,
Code
2023,
are
amended
to
read
as
follows:
15
b.
Residential
facilities
licensed
by
the
department
of
16
health
and
human
services
pursuant
to
chapter
237
,
other
than
17
those
maintained
by
individuals
as
defined
in
section
237.1,
18
subsection
7
.
19
c.
Rehabilitation
facilities
that
provide
accredited
20
rehabilitation
services
to
persons
with
disabilities
which
are
21
accredited
by
the
commission
on
accreditation
of
rehabilitation
22
facilities
or
the
council
on
quality
and
leadership
and
adult
23
day
care
services
approved
for
reimbursement
by
the
state
24
department
of
health
and
human
services.
25
d.
Community
mental
health
centers
accredited
by
the
26
department
of
health
and
human
services
pursuant
to
chapter
27
225C
.
28
g.
Substance
abuse
use
disorder
treatment
or
prevention
29
programs
that
receive
block
grant
funding
from
the
Iowa
30
department
of
public
health
and
human
services
.
31
Sec.
1125.
Section
423.3,
subsection
18,
paragraph
f,
32
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
33
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follows:
34
Home
and
community-based
services
providers
certified
to
35
offer
Medicaid
waiver
services
by
the
department
of
health
and
1
human
services
that
are
any
of
the
following:
2
Sec.
1126.
Section
423.3,
subsections
31
and
58,
Code
2023,
3
are
amended
to
read
as
follows:
4
31.
a.
The
sales
price
of
tangible
personal
property
or
5
specified
digital
products
sold
to
and
of
services
furnished
6
to
a
tribal
government
as
defined
in
section
216A.161
,
or
the
7
sales
price
of
tangible
personal
property
or
specified
digital
8
products
sold
to
and
of
services
furnished,
and
used
for
public
9
purposes
sold
to
a
tax-certifying
or
tax-levying
body
of
the
10
state
or
a
governmental
subdivision
of
the
state,
including
the
11
following:
regional
transit
systems,
as
defined
in
section
12
324A.1
;
the
state
board
of
regents;
department
of
health
13
and
human
services;
state
department
of
transportation;
any
14
municipally
owned
solid
waste
facility
which
sells
all
or
part
15
of
its
processed
waste
as
fuel
to
a
municipally
owned
public
16
utility;
and
all
divisions,
boards,
commissions,
agencies,
17
or
instrumentalities
of
state,
federal,
county,
municipal,
18
or
tribal
government
which
have
no
earnings
going
to
the
19
benefit
of
an
equity
investor
or
stockholder,
except
any
of
the
20
following:
21
a.
(1)
The
sales
price
of
tangible
personal
property
or
22
specified
digital
products
sold
to,
or
of
services
furnished,
23
and
used
by
or
in
connection
with
the
operation
of
any
24
municipally
owned
public
utility
engaged
in
selling
gas,
25
electricity,
heat,
pay
television
service,
or
communication
26
service
to
the
general
public.
27
b.
(2)
The
sales
price
of
furnishing
of
sewage
services
to
28
a
county
or
municipality
on
behalf
of
nonresidential
commercial
29
operations.
30
c.
(3)
The
furnishing
of
solid
waste
collection
and
31
disposal
service
to
a
county
or
municipality
on
behalf
of
32
nonresidential
commercial
operations
located
within
the
county
33
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or
municipality.
34
b.
For
the
purposes
of
this
subsection,
“tribal
government”
35
means
the
governing
body
of
a
federally
recognized
Indian
1
tribe.
2
58.
The
sales
price
from
the
sale
of
items
purchased
with
3
coupons,
food
stamps,
electronic
benefits
transfer
cards
a
4
supplemental
nutrition
assistance
program
benefit
transfer
5
instrument
as
defined
in
section
234.13
,
or
other
methods
6
method
of
payment
authorized
by
the
United
States
department
7
of
agriculture,
and
issued
under
the
federal
Food
Stamp
Act
of
8
1977,
7
U.S.C.
§2011
et
seq.
or
under
the
federal
supplemental
9
nutritional
assistance
program
established
in
7
U.S.C.
§2013.
10
Sec.
1127.
Section
423.4,
subsection
1,
paragraph
a,
11
subparagraphs
(4)
and
(9),
Code
2023,
are
amended
to
read
as
12
follows:
13
(4)
A
tax-certifying
or
tax-levying
body
or
governmental
14
subdivision
of
the
state,
including
the
state
board
of
regents,
15
state
the
department
of
health
and
human
services,
and
the
16
state
department
of
transportation.
17
(9)
A
tribal
government
as
defined
in
section
216A.161
,
18
and
any
instrumentalities
of
the
tribal
government
which
do
19
not
have
earnings
going
to
the
benefit
of
an
equity
investor
20
or
stockholder.
For
the
purposes
of
this
subparagraph,
“tribal
21
government”
means
the
governing
body
of
a
federally
recognized
22
Indian
tribe.
23
Sec.
1128.
Section
425.2,
subsection
3,
Code
2023,
is
24
amended
to
read
as
follows:
25
3.
In
case
the
owner
of
the
homestead
is
in
active
service
26
in
the
armed
forces
of
this
state
or
of
the
United
States,
27
or
is
sixty-five
years
of
age
or
older,
or
is
disabled,
the
28
statement
and
designation
may
be
signed
and
delivered
by
any
29
member
of
the
owner’s
family,
by
the
owner’s
guardian
or
30
conservator,
or
by
any
other
person
who
may
represent
the
owner
31
under
power
of
attorney.
If
the
owner
of
the
homestead
is
32
married,
the
spouse
may
sign
and
deliver
the
statement
and
33
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designation.
The
director
of
health
and
human
services
or
34
the
director’s
designee
may
make
application
for
the
benefits
35
of
this
subchapter
as
the
agent
for
and
on
behalf
of
persons
1
receiving
assistance
under
chapter
249
.
2
Sec.
1129.
Section
425.16,
subsection
2,
paragraph
b,
Code
3
2023,
is
amended
to
read
as
follows:
4
b.
The
reimbursement
of
rent
constituting
property
taxes
5
paid
under
this
subchapter
shall
be
administered
by
the
6
department
of
health
and
human
services
as
provided
in
this
7
subchapter
.
8
Sec.
1130.
Section
425.17,
subsection
3,
Code
2023,
is
9
amended
to
read
as
follows:
10
3.
“Gross
rent”
means
rental
paid
at
arm’s
length
for
the
11
right
of
occupancy
of
a
homestead
or
manufactured
or
mobile
12
home,
including
rent
for
space
occupied
by
a
manufactured
or
13
mobile
home
not
to
exceed
one
acre.
If
the
department
of
14
health
and
human
services
determines
that
the
landlord
and
15
tenant
have
not
dealt
with
each
other
at
arm’s
length,
and
the
16
department
of
health
and
human
services
is
satisfied
that
the
17
gross
rent
charged
was
excessive,
the
department
of
health
and
18
human
services
shall
adjust
the
gross
rent
to
a
reasonable
19
amount
as
determined
by
the
department
of
health
and
human
20
services.
21
Sec.
1131.
Section
425.18,
Code
2023,
is
amended
to
read
as
22
follows:
23
425.18
Right
to
file
a
claim.
24
The
right
to
file
a
claim
for
reimbursement
or
credit
under
25
this
subchapter
may
be
exercised
by
the
claimant
or
on
behalf
26
of
a
claimant
by
the
claimant’s
legal
guardian,
spouse,
or
27
attorney,
or
by
the
executor
or
administrator
of
the
claimant’s
28
estate.
If
a
claimant
dies
after
having
filed
a
claim
for
29
reimbursement
for
rent
constituting
property
taxes
paid,
the
30
amount
of
the
reimbursement
may
be
paid
to
another
member
of
31
the
household
as
determined
by
the
department
of
health
and
32
human
services.
If
the
claimant
was
the
only
member
of
the
33
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household,
the
reimbursement
may
be
paid
to
the
claimant’s
34
executor
or
administrator,
but
if
neither
is
appointed
and
35
qualified
within
one
year
from
the
date
of
the
filing
of
1
the
claim,
the
reimbursement
shall
escheat
to
the
state.
If
2
a
claimant
dies
after
having
filed
a
claim
for
credit
for
3
property
taxes
due,
the
amount
of
credit
shall
be
paid
as
if
4
the
claimant
had
not
died.
5
Sec.
1132.
Section
425.19,
Code
2023,
is
amended
to
read
as
6
follows:
7
425.19
Claim
and
credit
or
reimbursement.
8
Subject
to
the
limitations
provided
in
this
subchapter
,
a
9
claimant
may
annually
claim
a
credit
for
property
taxes
due
10
during
the
fiscal
year
next
following
the
base
year
or
claim
11
a
reimbursement
for
rent
constituting
property
taxes
paid
in
12
the
base
year.
The
amount
of
the
credit
for
property
taxes
13
due
for
a
homestead
shall
be
paid
on
June
15
of
each
year
14
from
the
elderly
and
disabled
property
tax
credit
fund
under
15
section
425.39,
subsection
1
,
by
the
director
of
revenue
to
16
the
county
treasurer
who
shall
credit
the
money
received
17
against
the
amount
of
the
property
taxes
due
and
payable
on
the
18
homestead
of
the
claimant
and
the
amount
of
the
reimbursement
19
for
rent
constituting
property
taxes
paid
shall
be
paid
by
the
20
director
of
health
and
human
services
to
the
claimant
from
the
21
reimbursement
fund
under
section
425.39,
subsection
2
,
on
or
22
before
December
31
of
each
year.
23
Sec.
1133.
Section
425.20,
subsections
1
and
3,
Code
2023,
24
are
amended
to
read
as
follows:
25
1.
A
claim
for
reimbursement
for
rent
constituting
property
26
taxes
paid
shall
not
be
paid
or
allowed,
unless
the
claim
is
27
filed
with
and
in
the
possession
of
the
department
of
health
28
and
human
services
on
or
before
June
1
of
the
year
following
29
the
base
year.
30
3.
In
case
of
sickness,
absence,
or
other
disability
of
31
the
claimant
or
if,
in
the
judgment
of
the
director
of
revenue
32
or
the
director
of
health
and
human
services,
as
applicable,
33
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good
cause
exists
and
the
claimant
requests
an
extension,
the
34
director
of
health
and
human
services
may
extend
the
time
for
35
filing
a
claim
for
reimbursement
and
the
director
of
revenue
1
may
extend
the
time
for
filing
a
claim
for
credit.
However,
2
any
further
time
granted
shall
not
extend
beyond
December
31
3
of
the
year
following
the
year
in
which
the
claim
was
required
4
to
be
filed.
Claims
filed
as
a
result
of
this
subsection
shall
5
be
filed
with
the
director
of
health
and
human
services
or
the
6
director
of
revenue,
as
applicable,
who
shall
provide
for
the
7
reimbursement
of
the
claim
to
the
claimant.
8
Sec.
1134.
Section
425.25,
subsection
2,
Code
2023,
is
9
amended
to
read
as
follows:
10
2.
The
director
of
health
and
human
services
shall
make
11
available
suitable
forms
with
instructions
for
claimants
of
the
12
reimbursement
for
rent
constituting
property
taxes
paid.
The
13
claim
shall
be
in
a
form
as
the
director
of
health
and
human
14
services
may
prescribe.
The
director
of
revenue
shall
devise
a
15
reimbursement
table
with
amounts
rounded
to
the
nearest
even
16
whole
dollar
and
provide
such
table
to
the
director
of
health
17
and
human
services.
Reimbursements
in
the
amount
of
less
than
18
one
dollar
shall
not
be
paid.
19
Sec.
1135.
Section
425.26,
subsection
2,
unnumbered
20
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
21
Every
claimant
for
reimbursement
of
rent
constituting
22
property
taxes
paid
shall
give
the
department
of
health
and
23
human
services,
in
support
of
the
claim,
reasonable
proof
of:
24
Sec.
1136.
Section
425.26,
subsection
3,
Code
2023,
is
25
amended
to
read
as
follows:
26
3.
The
department
of
revenue
or
the
department
of
health
and
27
human
services
may
require
any
additional
proof
necessary
to
28
support
a
claim.
29
Sec.
1137.
Section
425.27,
subsection
1,
paragraph
b,
Code
30
2023,
is
amended
to
read
as
follows:
31
b.
The
department
of
health
and
human
services
is
32
responsible
for
the
audit
of
claims
for
reimbursement
for
rent
33
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constituting
property
taxes
paid
under
this
subchapter
.
34
Sec.
1138.
Section
425.27,
subsection
3,
Code
2023,
is
35
amended
to
read
as
follows:
1
3.
If
on
the
audit
of
a
claim
for
reimbursement
for
rent
2
constituting
property
taxes
paid
under
this
subchapter
,
the
3
department
of
health
and
human
services
determines
the
amount
4
of
the
claim
to
have
been
incorrectly
calculated
or
that
the
5
claim
is
not
allowable,
the
department
of
health
and
human
6
services
shall
recalculate
the
claim
and
notify
the
claimant
7
of
the
recalculation
or
denial
and
the
reasons
for
it.
The
8
recalculation
of
the
claim
shall
be
final
unless
appealed
9
to
the
director
of
health
and
human
services
within
thirty
10
days
from
the
date
of
notice
of
recalculation
or
denial.
The
11
director
of
health
and
human
services
shall
grant
a
hearing,
12
and
upon
hearing
determine
the
correct
claim,
if
any,
and
13
notify
the
claimant
of
the
decision
by
mail.
The
department
of
14
health
and
human
services
shall
not
adjust
a
claim
after
three
15
years
from
October
31
of
the
year
in
which
the
claim
was
filed.
16
If
the
claim
for
reimbursement
has
been
paid,
the
amount
may
be
17
recovered
by
the
department
of
health
and
human
services.
The
18
decision
of
the
director
of
health
and
human
services
shall
be
19
final
unless
appealed
as
provided
in
section
425.31
.
20
Sec.
1139.
Section
425.27,
subsection
4,
paragraph
b,
Code
21
2023,
is
amended
to
read
as
follows:
22
b.
For
the
purpose
of
administering
the
reimbursement
for
23
rent
constituting
property
taxes
paid,
including
the
duties
of
24
the
director
of
health
and
human
services
and
the
department
of
25
health
and
human
services
under
this
subchapter
,
the
director
26
of
health
and
human
services
shall
have
the
same
powers
as
27
those
described
in
section
422.70
.
28
Sec.
1140.
Section
425.28,
subsections
2,
3,
and
4,
Code
29
2023,
are
amended
to
read
as
follows:
30
2.
A
claimant
for
reimbursement
of
rent
constituting
31
property
taxes
paid
shall
expressly
waive
any
right
to
32
confidentiality
relating
to
all
income
tax
information
33
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obtainable
by
the
department
of
health
and
human
services.
34
3.
For
the
effective
administration
of
this
subchapter
,
the
35
department
of
revenue
and
the
department
of
health
and
human
1
services
shall
share
information
obtained
by
each
department
2
from
claimants
under
this
subchapter
.
3
4.
In
addition
to
the
sharing
of
information
under
4
subsection
3
,
the
department
of
health
and
human
services
may
5
release
information
pertaining
to
a
person’s
eligibility
or
6
claim
for
or
receipt
of
rent
reimbursement
to
an
employee
of
7
the
department
of
inspections
and
appeals
in
the
employee’s
8
official
conduct
of
an
audit
or
investigation.
9
Sec.
1141.
Section
425.29,
subsection
3,
Code
2023,
is
10
amended
to
read
as
follows:
11
3.
In
the
case
of
a
claim
for
reimbursement
disallowed
by
12
the
department
of
health
and
human
services,
the
department
of
13
health
and
human
services
may
impose
penalties
described
in
14
section
421.27
.
The
department
of
health
and
human
services
15
shall
send
a
notice
of
disallowance
of
the
claim.
16
Sec.
1142.
Section
425.31,
subsections
2,
3,
and
4,
Code
17
2023,
are
amended
to
read
as
follows:
18
2.
Judicial
review
of
the
actions
of
the
director
of
health
19
and
human
services
or
the
department
of
health
and
human
20
services
under
this
subchapter
may
be
sought
in
accordance
with
21
the
terms
of
chapter
17A
and
the
rules
of
the
department
of
22
health
and
human
services.
23
3.
For
cause
and
upon
a
showing
by
the
director
of
revenue
24
or
the
director
of
health
and
human
services,
as
applicable,
25
that
collection
of
the
amount
in
dispute
is
in
doubt,
the
26
court
may
order
the
petitioner
to
file
with
the
clerk
a
bond
27
for
the
use
of
the
respondent,
with
sureties
approved
by
the
28
clerk,
equal
to
the
amount
appealed
from,
conditioned
that
the
29
petitioner
shall
perform
the
orders
of
the
court.
30
4.
An
appeal
may
be
taken
by
the
claimant
or
the
director
31
of
revenue
or
the
director
of
health
and
human
services,
as
32
applicable,
to
the
supreme
court
of
this
state
irrespective
of
33
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the
amount
involved.
34
Sec.
1143.
Section
425.33,
subsection
1,
Code
2023,
is
35
amended
to
read
as
follows:
1
1.
If
upon
petition
by
a
claimant
the
department
of
health
2
and
human
services
determines
that
a
landlord
has
increased
the
3
claimant’s
rent
primarily
because
the
claimant
is
eligible
for
4
reimbursement
under
this
subchapter
,
the
department
of
health
5
and
human
services
shall
request
the
landlord
by
mail
to
reduce
6
the
rent
appropriately.
7
Sec.
1144.
Section
425.33,
subsection
2,
unnumbered
8
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
9
In
determining
whether
a
landlord
has
increased
a
10
claimant’s
rent
primarily
because
the
claimant
is
eligible
for
11
reimbursement
under
this
subchapter
,
the
department
of
health
12
and
human
services
shall
consider
the
following
factors:
13
Sec.
1145.
Section
425.33,
subsection
3,
Code
2023,
is
14
amended
to
read
as
follows:
15
3.
If
the
landlord
fails
to
comply
with
the
request
of
the
16
department
of
health
and
human
services
within
fifteen
days
17
after
the
request
is
mailed,
the
department
of
health
and
human
18
services
shall
order
the
rent
reduced
by
an
appropriate
amount.
19
Sec.
1146.
Section
425.34,
subsection
1,
Code
2023,
is
20
amended
to
read
as
follows:
21
1.
If
the
department
of
health
and
human
services
orders
a
22
landlord
to
reduce
rent
to
a
claimant,
then
upon
the
request
23
of
the
landlord
the
department
of
health
and
human
services
24
shall
hold
a
prompt
hearing
of
the
matter,
to
be
conducted
in
25
accordance
with
the
rules
of
the
department.
The
department
of
26
health
and
human
services
shall
give
notice
of
the
decision
by
27
mail
to
the
claimant
and
to
the
landlord.
28
Sec.
1147.
Section
425.37,
Code
2023,
is
amended
to
read
as
29
follows:
30
425.37
Rules.
31
The
director
of
revenue
and
the
director
of
health
and
human
32
services
shall
each
adopt
rules
in
accordance
with
chapter
33
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17A
for
the
interpretation
and
proper
administration
of
this
34
subchapter
and
each
department’s
applicable
powers
and
duties
35
under
this
subchapter
,
including
rules
to
prevent
and
disallow
1
duplication
of
benefits
and
to
prevent
any
unreasonable
2
hardship
or
advantage
to
any
person.
3
Sec.
1148.
Section
425.39,
subsection
2,
Code
2023,
is
4
amended
to
read
as
follows:
5
2.
The
elderly
and
disabled
rent
reimbursement
fund
is
6
created.
There
is
appropriated
annually
from
the
general
fund
7
of
the
state
to
the
department
of
health
and
human
services
8
to
be
credited
to
the
elderly
and
disabled
rent
reimbursement
9
fund,
from
funds
not
otherwise
appropriated,
an
amount
10
sufficient
to
implement
this
subchapter
for
reimbursement
for
11
rent
constituting
property
taxes
paid
for
claimants
described
12
in
section
425.17,
subsection
2
,
paragraph
“a”
,
subparagraph
13
(1).
14
Sec.
1149.
Section
425.40,
Code
2023,
is
amended
to
read
as
15
follows:
16
425.40
Low-income
fund
created.
17
1.
A
low-income
tax
credit
and
reimbursement
fund
is
18
created.
Within
the
low-income
tax
credit
and
reimbursement
19
fund,
a
rent
reimbursement
account
is
created
under
the
control
20
of
the
department
of
health
and
human
services
and
a
tax
21
credit
account
is
created
under
the
control
of
the
department
22
of
revenue.
Amounts
appropriated
to
the
fund
shall
first
be
23
credited
to
the
rent
reimbursement
account.
24
2.
a.
The
director
of
health
and
human
services
shall
use
25
amounts
credited
to
the
rent
reimbursement
account
for
a
fiscal
26
year
to
pay
all
claims
for
reimbursement
of
rent
constituting
27
property
taxes
paid
for
claimants
described
in
section
425.17,
28
subsection
2
,
paragraph
“a”
,
subparagraph
(2).
If
the
amount
29
appropriated
for
purposes
of
this
section
for
a
fiscal
year
30
and
credited
to
the
rent
reimbursement
account
is
insufficient
31
to
pay
all
claims
in
full,
the
director
of
health
and
human
32
services
shall
pay
all
such
claims
on
a
pro
rata
basis.
33
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b.
If
the
amount
appropriated
for
purposes
of
this
section
34
for
a
fiscal
year
and
credited
to
the
rent
reimbursement
35
account
exceeds
the
amount
necessary
to
pay
in
full
all
1
reimbursement
claims
for
the
fiscal
year,
the
department
of
2
health
and
human
services
shall
transfer
such
excess
amount
3
to
the
department
of
revenue
for
deposit
in
the
tax
credit
4
account.
The
department
of
revenue
shall
use
any
amounts
5
credited
to
the
tax
credit
account
for
a
fiscal
year
to
pay
to
6
the
counties
all
claims
for
credit
for
property
taxes
due
for
7
the
fiscal
year,
or
if
such
amount
is
insufficient,
to
pay
to
8
the
counties
all
such
claims
on
a
pro
rata
basis.
9
3.
In
order
for
the
director
of
revenue
or
the
director
10
of
health
and
human
services
to
carry
out
the
requirements
of
11
subsection
2
,
notwithstanding
any
provision
to
the
contrary
in
12
this
subchapter
,
claims
for
reimbursement
for
rent
constituting
13
property
taxes
paid
filed
before
May
1
of
the
fiscal
year
14
shall
be
eligible
to
be
paid
in
full
during
the
fiscal
year
15
and
those
claims
filed
on
or
after
May
1
of
the
fiscal
year
16
shall
be
eligible
to
be
paid
during
the
following
fiscal
year
17
and
the
director
of
revenue
is
not
required
to
make
payments
18
to
counties
for
the
property
tax
credit
before
June
15
of
the
19
fiscal
year.
20
Sec.
1150.
Section
426B.1,
Code
2023,
is
amended
to
read
as
21
follows:
22
426B.1
Appropriations
——
property
tax
relief
fund.
23
1.
A
property
tax
relief
fund
is
created
in
the
state
24
treasury
under
the
authority
of
the
department
of
health
25
and
human
services.
The
fund
shall
be
separate
from
the
26
general
fund
of
the
state
and
shall
not
be
considered
part
27
of
the
general
fund
of
the
state
except
in
determining
the
28
cash
position
of
the
state
for
payment
of
state
obligations.
29
The
moneys
in
the
fund
are
not
subject
to
the
provisions
of
30
section
8.33
and
shall
not
be
transferred,
used,
obligated,
31
appropriated,
or
otherwise
encumbered
except
as
provided
in
32
this
chapter
.
Moneys
in
the
fund
may
be
used
for
cash
flow
33
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purposes,
provided
that
any
moneys
so
allocated
are
returned
34
to
the
fund
by
the
end
of
each
fiscal
year.
However,
the
35
fund
shall
be
considered
a
special
account
for
the
purposes
1
of
section
8.53
,
relating
to
elimination
of
any
GAAP
deficit.
2
For
the
purposes
of
this
chapter
,
unless
the
context
otherwise
3
requires,
“property
tax
relief
fund”
means
the
property
tax
4
relief
fund
created
in
this
section
.
5
2.
Moneys
shall
be
distributed
from
the
property
tax
relief
6
fund
to
the
mental
health
and
disability
services
regional
7
service
system
for
mental
health
and
disabilities
disability
8
services,
in
accordance
with
the
appropriations
made
to
the
9
fund
and
other
statutory
requirements.
10
Sec.
1151.
Section
426B.2,
Code
2023,
is
amended
to
read
as
11
follows:
12
426B.2
Property
tax
relief
fund
payments.
13
The
director
of
health
and
human
services
shall
draw
14
warrants
on
the
property
tax
relief
fund,
payable
to
15
the
regional
administrator
in
the
amount
due
to
a
mental
16
health
and
disability
services
region
in
accordance
with
17
statutory
requirements,
and
mail
the
warrants
to
the
regional
18
administrator
in
July
and
January
of
each
year.
19
Sec.
1152.
Section
426B.4,
Code
2023,
is
amended
to
read
as
20
follows:
21
426B.4
Rules.
22
The
mental
health
and
disability
services
commission
shall
23
consult
with
regional
administrators
and
the
director
of
health
24
and
human
services
in
prescribing
forms
and
adopting
rules
25
pursuant
to
chapter
17A
to
administer
this
chapter
.
26
Sec.
1153.
Section
427.9,
Code
2023,
is
amended
to
read
as
27
follows:
28
427.9
Suspension
of
taxes,
assessments,
and
rates
or
charges,
29
including
interest,
fees,
and
costs.
30
If
a
person
is
a
recipient
of
federal
supplementary
security
31
income
or
state
supplementary
assistance,
as
defined
in
32
section
249.1
,
or
is
a
resident
of
a
health
care
facility,
as
33
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defined
by
section
135C.1
,
which
is
receiving
payment
from
34
the
department
of
health
and
human
services
for
the
person’s
35
care,
the
person
shall
be
deemed
to
be
unable
to
contribute
to
1
the
public
revenue.
The
director
of
health
and
human
services
2
shall
notify
a
person
receiving
such
assistance
of
the
tax
3
suspension
provision
and
shall
provide
the
person
with
evidence
4
to
present
to
the
appropriate
county
board
of
supervisors
which
5
shows
the
person’s
eligibility
for
tax
suspension
on
parcels
6
owned,
possessed,
or
upon
which
the
person
is
paying
taxes
7
as
a
purchaser
under
contract.
The
board
of
supervisors
so
8
notified,
without
the
filing
of
a
petition
and
statement
as
9
specified
in
section
427.8
,
shall
order
the
county
treasurer
to
10
suspend
the
collection
of
all
the
taxes,
special
assessments,
11
and
rates
or
charges,
including
interest,
fees,
and
costs,
12
assessed
against
the
parcels
and
remaining
unpaid
by
the
person
13
or
contractually
payable
by
the
person,
for
such
time
as
the
14
person
remains
the
owner
or
contractually
prospective
owner
15
of
the
parcels,
and
during
the
period
the
person
receives
16
assistance
as
described
in
this
section
.
The
county
board
of
17
supervisors
shall
annually
send
to
the
department
of
health
18
and
human
services
the
names
and
social
security
numbers
of
19
persons
receiving
a
tax
suspension
pursuant
to
this
section
.
20
The
department
shall
verify
the
continued
eligibility
for
tax
21
suspension
of
each
name
on
the
list
and
shall
return
the
list
22
to
the
board
of
supervisors.
The
director
of
health
and
human
23
services
shall
advise
the
person
that
the
person
may
apply
for
24
an
additional
property
tax
credit
pursuant
to
sections
425.16
25
through
425.37
which
shall
be
credited
against
the
amount
of
26
the
taxes
suspended.
27
Sec.
1154.
Section
432.13,
Code
2023,
is
amended
to
read
as
28
follows:
29
432.13
Premium
tax
exemption
——
hawk-i
Hawki
program
——
state
30
employee
benefits.
31
1.
Premiums
collected
by
participating
insurers
under
32
chapter
514I
are
exempt
from
premium
tax.
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2.
Premiums
received
for
benefits
acquired
on
behalf
of
34
state
employees
by
the
department
of
administrative
services
35
pursuant
to
section
8A.402,
subsection
1
,
and
by
the
state
1
board
of
regents
pursuant
to
chapter
262
,
are
exempt
from
2
premium
tax.
3
Sec.
1155.
Section
453A.13,
subsection
2,
paragraph
c,
Code
4
2023,
is
amended
to
read
as
follows:
5
c.
The
department,
or
a
city
or
county,
shall
submit
6
a
duplicate
of
any
application
for
a
retail
permit
to
the
7
alcoholic
beverages
division
of
the
department
of
commerce
8
within
thirty
days
of
the
issuance.
The
alcoholic
beverages
9
division
of
the
department
of
commerce
shall
submit
the
current
10
list
of
all
retail
permits
issued
to
the
Iowa
department
of
11
public
health
and
human
services
by
the
last
day
of
each
12
quarter
of
a
state
fiscal
year.
13
Sec.
1156.
Section
453A.35A,
subsection
2,
Code
2023,
is
14
amended
to
read
as
follows:
15
2.
Moneys
in
the
fund
shall
be
used
only
for
purposes
16
related
to
health
care,
substance
abuse
use
disorder
treatment
17
and
prevention,
and
tobacco
use
prevention,
cessation,
and
18
control.
19
Sec.
1157.
Section
453A.47A,
subsection
6,
Code
2023,
is
20
amended
to
read
as
follows:
21
6.
Issuance.
Cities
may
issue
retail
permits
to
retailers
22
located
within
their
respective
limits.
County
boards
of
23
supervisors
may
issue
retail
permits
to
retailers
located
in
24
their
respective
counties,
outside
of
the
corporate
limits
of
25
cities.
The
city
or
county
shall
submit
a
duplicate
of
any
26
application
for
a
retail
permit
to
the
alcoholic
beverages
27
division
of
the
department
of
commerce
within
thirty
days
of
28
issuance
of
a
permit.
The
alcoholic
beverages
division
of
the
29
department
of
commerce
shall
submit
the
current
list
of
all
30
retail
permits
issued
to
the
Iowa
department
of
public
health
31
and
human
services
by
the
last
day
of
each
quarter
of
a
state
32
fiscal
year.
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Sec.
1158.
Section
455B.190A,
subsection
3,
paragraph
b,
34
subparagraph
(5),
Code
2023,
is
amended
to
read
as
follows:
35
(5)
The
director
of
public
health
and
human
services
or
the
1
director’s
designee.
2
Sec.
1159.
Section
455B.335A,
subsection
1,
Code
2023,
is
3
amended
to
read
as
follows:
4
1.
The
director
shall
require
that
a
person
who
operates
5
or
proposes
to
operate
a
waste
incinerator
which
provides
for
6
the
incineration
of
pathological
radioactive
materials
conduct
7
dispersion
modeling,
under
the
direction
of
the
Iowa
department
8
of
public
health
and
human
services
,
for
radiological
isotopes
9
to
measure
the
emission
levels
of
alpha
and
gamma
rays.
The
10
director
shall
allow
a
three-month
period
during
which
time
the
11
operator
or
person
proposing
operation
of
such
an
incinerator
12
shall
conduct
the
required
dispersion
modeling.
In
order
to
13
initiate
or
continue
such
incineration,
the
results
of
the
14
modeling
shall
provide
that
the
existing
incinerator
meets
15
or
the
proposed
incinerator
will
meet
the
emission
standards
16
established
by
the
United
States
environmental
protection
17
agency
for
a
selected
isotope.
18
Sec.
1160.
Section
455B.427,
subsection
2,
paragraph
c,
19
Code
2023,
is
amended
to
read
as
follows:
20
c.
A
summary
of
serious
health
problems
in
the
immediate
21
vicinity
of
the
site
and
health
problems
deemed
by
the
director
22
in
cooperation
with
the
Iowa
department
of
public
health
and
23
human
services
to
be
related
to
conditions
at
the
site.
24
Sec.
1161.
Section
455B.427,
subsection
3,
unnumbered
25
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
26
In
developing
and
maintaining
the
annual
report,
the
27
director
shall
assess
the
relative
priority
of
the
need
for
28
action
at
each
site
to
remedy
environmental
and
health
problems
29
resulting
from
the
presence
of
hazardous
wastes
or
hazardous
30
substances
at
the
sites.
In
making
assessments
of
relative
31
priority,
the
director,
in
cooperation
with
the
Iowa
department
32
of
public
health
and
human
services
on
matters
relating
to
33
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public
health,
shall
place
every
site
in
one
of
the
following
34
classifications:
35
Sec.
1162.
Section
455B.427,
subsection
5,
Code
2023,
is
1
amended
to
read
as
follows:
2
5.
The
director
shall
work
with
the
Iowa
department
of
3
public
health
and
human
services
when
assessing
the
effects
of
4
a
hazardous
waste
or
hazardous
substance
disposal
site
on
human
5
health.
6
Sec.
1163.
Section
455E.11,
subsection
2,
paragraph
a,
7
subparagraph
(2),
subparagraph
division
(a),
subparagraph
8
subdivision
(i),
Code
2023,
is
amended
to
read
as
follows:
9
(i)
Eight
thousand
dollars
shall
be
transferred
to
the
Iowa
10
department
of
public
health
and
human
services
for
departmental
11
duties
required
under
section
sections
135.11
,
subsections
18
12
and
19,
and
section
139A.21.
13
Sec.
1164.
Section
455E.11,
subsection
2,
paragraph
b,
14
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
15
(1)
Nine
thousand
dollars
of
the
account
is
appropriated
16
to
the
Iowa
department
of
public
health
and
human
services
for
17
carrying
out
the
departmental
duties
under
section
sections
18
135.11
,
subsections
18
and
19,
and
section
139A.21.
19
Sec.
1165.
Section
455E.11,
subsection
2,
paragraph
20
b,
subparagraph
(2),
subparagraph
division
(b),
unnumbered
21
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
22
Two
percent
is
appropriated
annually
to
the
department
and,
23
except
for
administrative
expenses,
is
transferred
to
the
Iowa
24
department
of
public
health
and
human
services
for
the
purpose
25
of
administering
grants
to
counties
and
conducting
oversight
of
26
county-based
programs
for
the
testing
of
private
rural
water
27
supply
wells,
private
rural
water
supply
well
sealing,
and
the
28
proper
closure
of
private
rural
abandoned
wells
and
cisterns.
29
Not
more
than
thirty-five
percent
of
the
moneys
is
appropriated
30
annually
for
grants
to
counties
for
the
purpose
of
conducting
31
programs
of
private
rural
water
supply
testing,
private
rural
32
water
supply
well
sealing,
the
proper
closure
of
private
rural
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abandoned
wells
and
cisterns,
or
any
combination
thereof.
34
An
amount
agreed
to
by
the
department
of
natural
resources
35
and
the
Iowa
department
of
public
health
and
human
services
1
shall
be
retained
by
the
department
of
natural
resources
for
2
administrative
expenses.
3
Sec.
1166.
Section
455E.11,
subsection
2,
paragraph
c,
4
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
5
(1)
The
moneys
collected
pursuant
to
section
455F.7
6
and
moneys
collected
pursuant
to
section
29C.8A
which
are
7
designated
for
deposit
shall
be
deposited
in
the
household
8
hazardous
waste
account.
Two
thousand
dollars
is
appropriated
9
annually
to
the
Iowa
department
of
public
health
and
human
10
services
to
carry
out
departmental
duties
under
section
11
sections
135.11
,
subsections
18
and
19,
and
section
139A.21.
12
The
remainder
of
the
account
shall
be
used
to
fund
the
efforts
13
of
the
department
to
support
a
collection
system
for
household
14
hazardous
materials,
including
public
education
programs,
15
training,
and
consultation
of
local
governments
in
the
16
establishment
and
operation
of
permanent
collection
systems,
17
and
the
management
of
collection
sites,
education
programs,
18
and
other
activities
pursuant
to
chapter
455F
,
including
the
19
administration
of
the
household
hazardous
materials
retailer
20
permit
program
by
the
department
of
revenue.
21
Sec.
1167.
Section
455E.11,
subsection
2,
paragraph
d,
22
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
23
(1)
One
thousand
dollars
is
appropriated
annually
to
24
the
Iowa
department
of
public
health
and
human
services
to
25
carry
out
departmental
duties
under
section
sections
135.11
,
26
subsections
18
and
19,
and
section
139A.21.
27
Sec.
1168.
Section
462A.14,
subsection
2,
paragraph
a,
28
subparagraph
(4),
Code
2023,
is
amended
to
read
as
follows:
29
(4)
Assignment
to
substance
abuse
use
disorder
evaluation
30
and
treatment,
pursuant
to
subsection
12
,
and
a
course
for
31
drinking
drivers.
32
Sec.
1169.
Section
462A.14,
subsection
2,
paragraph
b,
33
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subparagraph
(4),
Code
2023,
is
amended
to
read
as
follows:
34
(4)
Assignment
to
substance
abuse
use
disorder
evaluation
35
and
treatment,
pursuant
to
subsections
12
and
13
,
and
a
course
1
for
drinking
drivers.
2
Sec.
1170.
Section
462A.14,
subsection
2,
paragraph
c,
3
subparagraph
(4),
Code
2023,
is
amended
to
read
as
follows:
4
(4)
Assignment
to
substance
abuse
use
disorder
evaluation
5
and
treatment,
pursuant
to
subsections
12
and
13
,
and
a
course
6
for
drinking
drivers.
7
Sec.
1171.
Section
462A.14,
subsection
2,
paragraphs
d
and
8
e,
Code
2023,
are
amended
to
read
as
follows:
9
d.
A
class
“D”
felony
for
any
offense
under
this
10
section
resulting
in
serious
injury
to
persons
other
than
11
the
defendant,
if
the
court
determines
that
the
person
who
12
committed
the
offense
caused
the
serious
injury,
and
shall
13
be
imprisoned
for
a
determinate
sentence
of
not
more
than
14
five
years
but
not
less
than
thirty
days,
or
committed
to
the
15
custody
of
the
director
of
the
department
of
corrections,
and
16
assessed
a
fine
of
not
less
than
two
thousand
five
hundred
17
dollars
nor
more
than
seven
thousand
five
hundred
dollars.
A
18
person
convicted
of
a
felony
offense
may
be
committed
to
the
19
custody
of
the
director
of
the
department
of
corrections,
who
20
shall
assign
the
person
to
a
facility
pursuant
to
section
21
904.513
.
The
court
shall
also
order
that
the
person
not
22
operate
a
motorboat
or
sailboat
for
one
year
in
addition
to
23
any
other
period
of
time
the
defendant
would
have
been
ordered
24
not
to
operate
if
no
injury
had
occurred
in
connection
with
25
the
violation.
The
court
shall
also
assign
the
defendant
to
26
substance
abuse
use
disorder
evaluation
and
treatment
pursuant
27
to
subsections
12
and
13
,
and
a
course
for
drinking
drivers.
28
e.
A
class
“B”
felony
for
any
offense
under
this
section
29
resulting
in
the
death
of
persons
other
than
the
defendant,
if
30
the
court
determines
that
the
person
who
committed
the
offense
31
caused
the
death,
and
shall
be
imprisoned
for
a
determinate
32
sentence
of
not
more
than
twenty-five
years,
or
committed
to
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the
custody
of
the
director
of
the
department
of
corrections.
34
A
person
convicted
of
a
felony
offense
may
be
committed
to
35
the
custody
of
the
director
of
the
department
of
corrections,
1
who
shall
assign
the
person
to
a
facility
pursuant
to
section
2
904.513
.
The
court
shall
also
order
that
the
person
not
3
operate
a
motorboat
or
sailboat
for
six
years.
The
court
shall
4
also
assign
the
defendant
to
substance
abuse
use
disorder
5
evaluation
and
treatment
pursuant
to
subsections
12
and
13
,
and
6
a
course
for
drinking
drivers.
7
Sec.
1172.
Section
462A.14,
subsection
12,
Code
2023,
is
8
amended
to
read
as
follows:
9
12.
a.
All
substance
abuse
use
disorder
evaluations
10
required
under
this
section
shall
be
completed
at
the
11
defendant’s
expense.
12
b.
In
addition
to
assignment
to
substance
abuse
use
disorder
13
evaluation
and
treatment
under
this
section
,
the
court
shall
14
order
any
defendant
convicted
under
this
section
to
follow
the
15
recommendations
proposed
in
the
substance
abuse
use
disorder
16
evaluation
for
appropriate
substance
abuse
use
disorder
17
treatment
for
the
defendant.
Court-ordered
substance
abuse
18
use
disorder
treatment
is
subject
to
the
periodic
reporting
19
requirements
of
section
125.86
.
20
c.
If
a
defendant
is
committed
by
the
court
to
a
substance
21
abuse
use
disorder
treatment
facility,
the
administrator
of
the
22
facility
shall
report
to
the
court
when
it
is
determined
that
23
the
defendant
has
received
the
maximum
benefit
of
treatment
24
at
the
facility
and
the
defendant
shall
be
released
from
the
25
facility.
The
time
for
which
the
defendant
is
committed
for
26
treatment
shall
be
credited
against
the
defendant’s
sentence.
27
d.
The
court
may
prescribe
the
length
of
time
for
the
28
evaluation
and
treatment
or
the
court
may
request
that
the
29
community
college
or
licensed
substance
abuse
use
disorder
30
program
conducting
the
course
for
drinking
drivers
which
the
31
defendant
is
ordered
to
attend
or
the
treatment
program
to
32
which
the
defendant
is
committed
immediately
report
to
the
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court
when
the
defendant
has
received
maximum
benefit
from
34
the
course
for
drinking
drivers
or
treatment
program
or
has
35
recovered
from
the
defendant’s
addiction,
dependency,
or
1
tendency
to
chronically
abuse
use
alcohol
or
drugs.
2
e.
Upon
successfully
completing
a
course
for
drinking
3
drivers
or
an
ordered
substance
abuse
use
disorder
treatment
4
program,
a
court
may
place
the
defendant
on
probation
for
six
5
months
and
as
a
condition
of
probation,
the
defendant
shall
6
attend
a
program
providing
posttreatment
services
relating
to
7
substance
abuse
use
disorder
as
approved
by
the
court.
8
f.
A
defendant
committed
under
this
section
who
does
not
9
possess
sufficient
income
or
estate
to
make
payment
of
the
10
costs
of
the
treatment
in
whole
or
in
part
shall
be
considered
11
a
state
patient
and
the
costs
of
treatment
shall
be
paid
as
12
provided
in
section
125.44
.
13
g.
A
defendant
who
fails
to
carry
out
the
order
of
the
14
court
shall
be
confined
in
the
county
jail
for
twenty
days
in
15
addition
to
any
other
imprisonment
ordered
by
the
court
or
may
16
be
ordered
to
perform
unpaid
community
service
work,
and
shall
17
be
placed
on
probation
for
one
year
with
a
violation
of
this
18
probation
punishable
as
contempt
of
court.
19
h.
In
addition
to
any
other
condition
of
probation,
the
20
defendant
shall
attend
a
program
providing
substance
abuse
use
21
disorder
prevention
services
or
posttreatment
services
related
22
to
substance
abuse
use
disorder
as
ordered
by
the
court.
The
23
defendant
shall
report
to
the
defendant’s
probation
officer
as
24
ordered
concerning
proof
of
attendance
at
the
treatment
program
25
or
posttreatment
program
ordered
by
the
court.
Failure
to
26
attend
or
complete
the
program
shall
be
considered
a
violation
27
of
probation
and
is
punishable
as
contempt
of
court.
28
Sec.
1173.
Section
466B.3,
subsection
4,
paragraph
c,
Code
29
2023,
is
amended
to
read
as
follows:
30
c.
The
director
of
the
department
of
public
health
and
human
31
services
or
the
director’s
designee.
32
Sec.
1174.
Section
470.5,
Code
2023,
is
amended
to
read
as
33
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follows:
34
470.5
Exceptions.
35
This
chapter
does
not
apply
to
buildings
used
on
January
1,
1
1980
,
by
the
division
of
adult
corrections
of
the
department
2
of
health
and
human
services
as
maximum
security
detention
3
facilities
or
to
the
renovation
of
property
nominated
to,
or
4
entered
in
the
national
register
of
historic
places,
designated
5
by
statute,
or
included
in
an
established
list
of
historic
6
places
compiled
by
the
historical
division
of
the
department
of
7
cultural
affairs.
8
Sec.
1175.
Section
476.20,
subsection
2,
Code
2023,
is
9
amended
to
read
as
follows:
10
2.
The
board
shall
establish
rules
requiring
a
regulated
11
public
utility
furnishing
gas
or
electricity
to
include
in
12
the
utility’s
notice
of
pending
disconnection
of
service
a
13
written
statement
advising
the
customer
that
the
customer
14
may
be
eligible
to
participate
in
the
low
income
home
energy
15
assistance
program
or
weatherization
assistance
program
16
administered
by
the
division
of
community
action
agencies
17
of
the
department
of
health
and
human
rights
services
.
The
18
written
statement
shall
list
the
address
and
telephone
number
19
of
the
local
agency
which
is
administering
the
customer’s
low
20
income
home
energy
assistance
program
and
the
weatherization
21
assistance
program.
The
written
statement
shall
also
state
22
that
the
customer
is
advised
to
contact
the
public
utility
23
to
settle
any
of
the
customer’s
complaints
with
the
public
24
utility,
but
if
a
complaint
is
not
settled
to
the
customer’s
25
satisfaction,
the
customer
may
file
the
complaint
with
the
26
board.
The
written
statement
shall
include
the
address
27
and
phone
number
of
the
board.
If
the
notice
of
pending
28
disconnection
of
service
applies
to
a
residence,
the
written
29
statement
shall
advise
that
the
disconnection
does
not
apply
30
from
November
1
through
April
1
for
a
resident
who
is
a
“head
31
of
household”,
as
defined
in
section
422.4
,
and
who
has
been
32
certified
to
the
public
utility
by
the
local
agency
which
is
33
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administering
the
low
income
home
energy
assistance
program
and
34
weatherization
assistance
program
as
being
eligible
for
either
35
the
low
income
home
energy
assistance
program
or
weatherization
1
assistance
program,
and
that
if
such
a
resident
resides
within
2
the
serviced
residence,
the
customer
should
promptly
have
3
the
qualifying
resident
notify
the
local
agency
which
is
4
administering
the
low
income
home
energy
assistance
program
and
5
weatherization
assistance
program.
The
board
shall
establish
6
rules
requiring
that
the
written
notice
contain
additional
7
information
as
it
deems
necessary
and
appropriate.
8
Sec.
1176.
Section
476.51,
subsection
5,
Code
2023,
is
9
amended
to
read
as
follows:
10
5.
Civil
penalties
collected
pursuant
to
this
section
from
11
utilities
providing
water,
electric,
or
gas
service
shall
12
be
forwarded
by
the
chief
operating
officer
of
the
board
to
13
the
treasurer
of
state
to
be
credited
to
the
general
fund
of
14
the
state
and
to
be
used
only
for
the
low
income
home
energy
15
assistance
program
and
the
weatherization
assistance
program
16
administered
by
the
division
of
community
action
agencies
of
17
the
department
of
health
and
human
rights
services
.
Civil
18
penalties
collected
pursuant
to
this
section
from
utilities
19
providing
telecommunications
service
shall
be
forwarded
to
20
the
treasurer
of
state
to
be
credited
to
the
department
of
21
commerce
revolving
fund
created
in
section
546.12
to
be
used
22
only
for
consumer
education
programs
administered
by
the
board.
23
Penalties
paid
by
a
rate-regulated
public
utility
pursuant
to
24
this
section
shall
be
excluded
from
the
utility’s
costs
when
25
determining
the
utility’s
revenue
requirement,
and
shall
not
be
26
included
either
directly
or
indirectly
in
the
utility’s
rates
27
or
charges
to
customers.
28
Sec.
1177.
Section
476.66,
subsection
6,
Code
2023,
is
29
amended
to
read
as
follows:
30
6.
The
rules
established
by
the
utilities
board
shall
31
require
an
annual
report
to
be
filed
for
each
fund.
The
32
utilities
board
shall
compile
an
annual
statewide
report
of
the
33
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662
fund
results.
The
division
of
community
action
agencies
of
the
34
department
of
health
and
human
rights
services
shall
prepare
35
an
annual
report
of
the
unmet
need
for
energy
assistance
1
and
weatherization.
Both
reports
shall
be
submitted
to
the
2
appropriations
committees
of
the
general
assembly
on
the
first
3
day
of
the
following
session.
4
Sec.
1178.
Section
477C.5,
subsection
2,
paragraph
c,
Code
5
2023,
is
amended
to
read
as
follows:
6
c.
One
representative
from
the
office
of
deaf
services
of
7
the
department
of
health
and
human
rights
services
.
8
Sec.
1179.
Section
478.29,
subsection
1,
Code
2023,
is
9
amended
to
read
as
follows:
10
1.
A
person
who
violates
a
provision
of
this
chapter
is
11
subject
to
a
civil
penalty,
which
may
be
levied
by
the
board,
12
of
not
more
than
one
hundred
dollars
per
violation
or
one
13
thousand
dollars
per
day
of
a
continuing
violation,
whichever
14
is
greater.
Civil
penalties
collected
pursuant
to
this
section
15
shall
be
forwarded
by
the
chief
operating
officer
of
the
board
16
to
the
treasurer
of
state
to
be
credited
to
the
general
fund
of
17
the
state
and
appropriated
to
the
division
of
community
action
18
agencies
of
the
department
of
health
and
human
rights
services
19
for
purposes
of
the
low
income
home
energy
assistance
program
20
and
the
weatherization
assistance
program.
21
Sec.
1180.
Section
479.31,
subsection
1,
Code
2023,
is
22
amended
to
read
as
follows:
23
1.
A
person
who
violates
this
chapter
or
any
rule
or
24
order
issued
pursuant
to
this
chapter
shall
be
subject
to
25
a
civil
penalty
levied
by
the
board
in
accordance
with
49
26
C.F.R.
§190.223.
Each
day
that
the
violation
continues
shall
27
constitute
a
separate
offense.
Civil
penalties
collected
28
pursuant
to
this
section
shall
be
forwarded
by
the
chief
29
operating
officer
of
the
board
to
the
treasurer
of
state
to
be
30
credited
to
the
general
fund
of
the
state
and
appropriated
to
31
the
division
of
community
action
agencies
of
the
department
32
of
health
and
human
rights
services
for
purposes
of
the
low
33
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income
home
energy
assistance
program
and
the
weatherization
34
assistance
program.
35
Sec.
1181.
Section
479B.21,
subsection
1,
Code
2023,
is
1
amended
to
read
as
follows:
2
1.
A
person
who
violates
this
chapter
or
any
rule
or
3
order
issued
pursuant
to
this
chapter
shall
be
subject
to
a
4
civil
penalty
levied
by
the
board
in
an
amount
not
to
exceed
5
one
thousand
dollars
for
each
violation.
Each
day
that
the
6
violation
continues
shall
constitute
a
separate
offense.
7
However,
the
maximum
civil
penalty
shall
not
exceed
two
hundred
8
thousand
dollars
for
any
related
series
of
violations.
Civil
9
penalties
collected
pursuant
to
this
section
shall
be
forwarded
10
by
the
chief
operating
officer
of
the
board
to
the
treasurer
11
of
state
to
be
credited
to
the
general
fund
of
the
state
and
12
appropriated
to
the
division
of
community
action
agencies
of
13
the
department
of
health
and
human
rights
services
for
purposes
14
of
the
low
income
home
energy
assistance
program
and
the
15
weatherization
assistance
program.
16
Sec.
1182.
Section
483A.24,
subsections
7
and
15,
Code
2023,
17
are
amended
to
read
as
follows:
18
7.
A
license
shall
not
be
required
of
minor
pupils
of
the
19
Iowa
braille
and
sight
saving
school,
Iowa
school
for
the
deaf,
20
or
of
minor
residents
of
other
state
institutions
under
the
21
control
of
an
administrator
of
a
division
of
the
department
22
of
health
and
human
services.
In
addition,
a
person
who
is
23
on
active
duty
with
the
armed
forces
of
the
United
States,
24
on
authorized
leave
from
a
duty
station
located
outside
of
25
this
state,
and
a
resident
of
the
state
of
Iowa
shall
not
be
26
required
to
have
a
license
to
hunt
or
fish
in
this
state.
The
27
military
person
shall
carry
the
person’s
leave
papers
and
a
28
copy
of
the
person’s
current
earnings
statement
showing
a
29
deduction
for
Iowa
income
taxes
while
hunting
or
fishing.
In
30
lieu
of
carrying
the
person’s
earnings
statement,
the
military
31
person
may
also
claim
residency
if
the
person
is
registered
to
32
vote
in
this
state.
If
a
deer
or
wild
turkey
is
taken,
the
33
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military
person
shall
immediately
contact
a
state
conservation
34
officer
to
obtain
an
appropriate
tag
to
transport
the
animal.
35
A
license
shall
not
be
required
of
residents
of
county
care
1
facilities
or
any
person
who
is
receiving
supplementary
2
assistance
under
chapter
249
.
3
15.
The
department
may
issue
a
permit,
subject
to
conditions
4
established
by
the
department,
which
authorizes
patients
of
a
5
substance
abuse
use
disorder
facility,
residents
of
health
care
6
facilities
licensed
under
chapter
135C
,
tenants
of
elder
group
7
homes
licensed
under
chapter
231B
,
tenants
of
assisted
living
8
program
facilities
licensed
under
chapter
231C
,
participants
9
who
attend
adult
day
services
programs
licensed
under
chapter
10
231D
,
participants
in
services
funded
under
a
federal
home
and
11
community-based
services
waiver
implemented
under
the
medical
12
assistance
program
as
defined
in
chapter
249A
,
and
persons
13
cared
for
in
juvenile
shelter
care
homes
as
provided
for
in
14
chapter
232
to
fish
without
a
license
as
a
supervised
group.
15
A
person
supervising
a
group
pursuant
to
this
subsection
may
16
fish
with
the
group
pursuant
to
the
permit
and
is
not
required
17
to
obtain
a
fishing
license.
18
Sec.
1183.
Section
505.16,
subsection
2,
Code
2023,
is
19
amended
to
read
as
follows:
20
2.
The
insurance
commissioner
shall
approve
rules
for
21
carrying
out
this
section
including
rules
relating
to
the
22
preparation
of
information
to
be
provided
before
and
after
a
23
test
and
the
protection
of
confidentiality
of
personal
and
24
medical
records
of
insurance
applicants
and
policyholders.
25
The
rules
shall
require
a
person
engaged
in
the
business
26
of
insurance
who
receives
results
of
a
positive
human
27
immunodeficiency
virus
test
of
an
insurance
applicant
or
28
policyholder
to
report
those
results
to
a
physician
or
29
alternative
testing
site
of
the
applicant’s
or
policyholder’s
30
choice,
or
if
the
applicant
or
policyholder
does
not
choose
a
31
physician
or
alternative
testing
site
to
receive
the
results,
32
to
the
Iowa
department
of
public
health
and
human
services
.
33
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Sec.
1184.
Section
505.25,
Code
2023,
is
amended
to
read
as
34
follows:
35
505.25
Information
provided
to
medical
assistance
program,
1
hawk-i
Hawki
program,
and
child
support
recovery
unit
services
.
2
A
carrier,
as
defined
in
section
514C.13
,
shall
enter
into
3
a
health
insurance
data
match
program
with
the
department
of
4
health
and
human
services
for
the
sole
purpose
of
comparing
the
5
names
of
the
carrier’s
insureds
with
the
names
of
recipients
of
6
the
medical
assistance
program
under
chapter
249A
,
individuals
7
under
the
purview
of
the
child
support
recovery
unit
services
8
pursuant
to
chapter
252B
,
or
enrollees
of
the
hawk-i
Hawki
9
program
under
chapter
514I
.
10
Sec.
1185.
Section
505.34,
Code
2023,
is
amended
to
read
as
11
follows:
12
505.34
Medical
assistance
and
hawk-i
Hawki
programs
——
13
applicability
of
subtitle.
14
1.
The
medical
assistance
program
under
chapter
249A
and
15
the
healthy
and
well
kids
in
Iowa
(hawk-i)
(Hawki)
program
16
under
chapter
514I
shall
not
be
subject
to
this
subtitle
unless
17
otherwise
provided
by
law.
18
2.
A
managed
care
organization
acting
pursuant
to
a
contract
19
with
the
department
of
health
and
human
services
to
administer
20
the
medical
assistance
program
under
chapter
249A
,
or
the
21
healthy
and
well
kids
in
the
Iowa
(hawk-i)
(Hawki)
program
22
under
chapter
514I
,
shall
not
be
subject
to
this
subtitle
23
unless
otherwise
provided
by
law.
24
Sec.
1186.
Section
508C.5,
subsection
13,
paragraph
f,
Code
25
2023,
is
amended
to
read
as
follows:
26
f.
An
entity
whose
only
business
in
this
state
is
operating
27
as
a
managed
care
organization.
For
purposes
of
this
28
paragraph,
“managed
care
organization”
means
an
entity
that
is
29
under
contract
with
the
Iowa
department
of
health
and
human
30
services
to
provide
services
to
Medicaid
recipients
and
that
31
also
meets
the
definition
of
“health
maintenance
organization”
32
in
section
514B.1
.
33
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Sec.
1187.
Section
509.1,
subsection
7,
Code
2023,
is
34
amended
to
read
as
follows:
35
7.
A
policy
issued
to
the
department
of
health
and
human
1
services,
which
shall
be
deemed
the
policyholder,
to
insure
2
eligible
persons
for
medical
assistance,
or
for
both
mandatory
3
medical
assistance
and
optional
medical
assistance,
as
defined
4
by
chapter
249A
as
hereafter
amended.
5
Sec.
1188.
Section
509.3A,
subsection
12,
Code
2023,
is
6
amended
to
read
as
follows:
7
12.
The
hawk-i
Hawki
program
authorized
by
chapter
514I
.
8
Sec.
1189.
Section
510B.1,
subsections
9
and
22,
Code
2023,
9
are
amended
to
read
as
follows:
10
9.
“Health
carrier”
means
an
entity
subject
to
the
11
insurance
laws
and
regulations
of
this
state,
or
subject
12
to
the
jurisdiction
of
the
commissioner,
including
an
13
insurance
company
offering
sickness
and
accident
plans,
a
14
health
maintenance
organization,
a
nonprofit
health
service
15
corporation,
or
a
plan
established
pursuant
to
chapter
509A
for
16
public
employees.
“Health
carrier”
does
not
include
any
of
the
17
following:
18
a.
The
department
of
health
and
human
services.
19
b.
A
managed
care
organization
acting
pursuant
to
a
contract
20
with
the
department
of
health
and
human
services
to
administer
21
the
medical
assistance
program
under
chapter
249A
or
the
22
healthy
and
well
kids
in
Iowa
(hawk-i)
(Hawki)
program
under
23
chapter
514I
.
24
c.
A
policy
or
contract
providing
a
prescription
drug
25
benefit
pursuant
to
42
U.S.C.
ch.
7,
subch.
XVIII,
part
D.
26
d.
A
plan
offered
or
maintained
by
a
multiple
employer
27
welfare
arrangement
established
under
chapter
513D
before
28
January
1,
2022.
29
22.
“Third-party
payor”
means
any
entity
other
than
a
30
covered
person
or
a
health
care
provider
that
is
responsible
31
for
any
amount
of
reimbursement
for
a
prescription
drug
32
benefit.
“Third-party
payor”
includes
health
carriers
and
other
33
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entities
that
provide
a
plan
of
health
insurance
or
health
34
care
benefits.
“Third-party
payor”
does
not
include
any
of
the
35
following:
1
a.
The
department
of
health
and
human
services.
2
b.
A
managed
care
organization
acting
pursuant
to
a
contract
3
with
the
department
of
health
and
human
services
to
administer
4
the
medical
assistance
program
under
chapter
249A
or
the
5
healthy
and
well
kids
in
Iowa
(hawk-i)
(Hawki)
program
under
6
chapter
514I
.
7
c.
A
policy
or
contract
providing
a
prescription
drug
8
benefit
pursuant
to
42
U.S.C.
ch.
7,
subch.
XVIII,
part
D.
9
Sec.
1190.
Section
513B.2,
subsection
8,
paragraph
l,
Code
10
2023,
is
amended
to
read
as
follows:
11
l.
The
hawk-i
Hawki
program
authorized
by
chapter
514I
.
12
Sec.
1191.
Section
513C.3,
subsection
12,
paragraph
d,
Code
13
2023,
is
amended
to
read
as
follows:
14
d.
Loss
of
eligibility
for
the
hawk-i
Hawki
program
15
authorized
in
chapter
514I
.
16
Sec.
1192.
Section
514.1,
subsection
2,
paragraph
c,
Code
17
2023,
is
amended
to
read
as
follows:
18
c.
“Subscriber”
means
an
individual
who
enters
into
a
19
contract
for
health
care
services
with
a
corporation
subject
20
to
this
chapter
and
includes
a
person
eligible
for
mandatory
21
medical
assistance
or
optional
medical
assistance
as
defined
22
under
chapter
249A
,
with
respect
to
whom
the
department
of
23
health
and
human
services
has
entered
into
a
contract
with
a
24
firm
operating
under
this
chapter
.
25
Sec.
1193.
Section
514A.3B,
subsection
3,
paragraph
l,
Code
26
2023,
is
amended
to
read
as
follows:
27
l.
The
hawk-i
Hawki
program
authorized
by
chapter
514I
.
28
Sec.
1194.
Section
514B.3,
subsection
1,
paragraph
m,
Code
29
2023,
is
amended
to
read
as
follows:
30
m.
A
description
of
the
procedures
and
programs
to
be
31
implemented
to
meet
the
requirements
for
quality
of
health
32
care
as
determined
by
the
director
of
public
health
and
human
33
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services
under
section
514B.4
.
34
Sec.
1195.
Section
514B.3,
subsection
3,
Code
2023,
is
35
amended
to
read
as
follows:
1
3.
Upon
receipt
of
an
application
for
a
certificate
of
2
authority,
the
commissioner
shall
immediately
transmit
copies
3
of
the
application
and
accompanying
documents
to
the
director
4
of
public
health
and
human
services
and
the
affected
regional
5
health
planning
council,
as
authorized
by
Pub.
L.
No.
89-749,
6
42
U.S.C.
§246(b)2b,
for
their
nonbinding
consultation
and
7
advice.
8
Sec.
1196.
Section
514B.4A,
Code
2023,
is
amended
to
read
9
as
follows:
10
514B.4A
Direct
provision
of
health
care
services.
11
1.
An
application
for
a
certificate
of
authority
to
12
provide
health
care
services,
directly,
shall
be
forwarded
13
by
the
commissioner
to
the
director
of
public
health
and
14
human
services
for
review,
comment,
and
recommendation,
with
15
respect
to
the
health
care
services
to
be
provided
directly,
to
16
assure
that
the
applicant
has
demonstrated
the
willingness
and
17
potential
ability
to
provide
the
health
care
services
through
18
adequate
personnel
and
facilities.
19
2.
Rules
proposed
by
the
commissioner
for
adoption
20
for
the
direct
provision
of
health
care
services
by
a
21
health
maintenance
organization,
shall
be
forwarded
by
the
22
commissioner
to
the
director
of
public
health
and
human
23
services
for
review,
comment,
and
recommendation,
prior
to
24
submission
to
the
administrative
rules
coordinator
pursuant
to
25
section
17A.4
.
26
3.
The
director
of
public
health
and
human
services
shall
27
respond
to
the
commissioner,
with
respect
to
an
application
28
or
proposed
rule,
with
any
comments
or
recommendations
within
29
thirty
days
of
the
forwarding
of
the
application
or
proposed
30
rules
to
the
director
of
public
health
and
human
services
.
31
Sec.
1197.
Section
514B.32,
subsection
5,
Code
2023,
is
32
amended
to
read
as
follows:
33
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5.
The
provisions
of
this
chapter
shall
be
applicable
to
a
34
managed
care
organization
acting
pursuant
to
a
contract
with
35
the
department
of
health
and
human
services
to
administer
the
1
medical
assistance
program
under
chapter
249A
,
or
the
healthy
2
and
well
kids
in
Iowa
(hawk-i)
(Hawki)
program
under
chapter
3
514I
,
only
with
respect
to
licensure
and
solvency
standards
4
as
evidenced
by
the
managed
care
organization
obtaining
5
and
maintaining
a
certificate
of
authority,
and
maintaining
6
compliance
with
the
solvency
standards
set
forth
in
this
7
chapter
.
8
Sec.
1198.
Section
514B.33,
subsection
5,
paragraph
a,
Code
9
2023,
is
amended
to
read
as
follows:
10
a.
For
purposes
of
this
section
,
“limited
service
11
organization”
means
an
organization
providing
dental
care
12
services,
vision
care
services,
mental
health
services,
13
substance
abuse
use
disorder
services,
pharmaceutical
services,
14
podiatric
care
services,
or
such
other
services
as
may
be
15
determined
by
the
commissioner.
16
Sec.
1199.
Section
514C.9,
subsection
3,
paragraph
b,
Code
17
2023,
is
amended
to
read
as
follows:
18
b.
Enroll
a
child
who
is
eligible
for
coverage
under
the
19
applicable
terms
and
conditions
of
the
health
benefit
plan
and
20
the
standard
enrollment
guidelines
of
the
insurer,
without
21
regard
to
any
time
of
enrollment
restriction,
under
dependent
22
coverage
upon
application
by
the
obligee
or
other
legal
23
custodian
of
the
child
or
by
the
department
of
health
and
human
24
services
in
the
event
an
obligor
required
by
a
court
order
or
25
administrative
order
fails
to
apply
for
coverage
for
the
child.
26
Sec.
1200.
Section
514C.9,
subsection
4,
Code
2023,
is
27
amended
to
read
as
follows:
28
4.
A
group
health
plan
shall
establish
reasonable
29
procedures
to
determine
whether
a
child
is
covered
under
a
30
qualified
medical
child
support
order
issued
pursuant
to
31
chapter
252E
.
The
procedures
shall
be
in
writing,
provide
for
32
prompt
notice
of
each
person
specified
in
the
medical
child
33
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support
order
as
eligible
to
receive
benefits
under
the
group
34
health
plan
upon
receipt
by
the
plan
of
the
medical
child
35
support
order,
and
allow
an
obligee
or
other
legal
custodian
1
of
the
child
under
chapter
252E
to
designate
a
representative
2
for
receipt
of
copies
of
notices
in
regard
to
the
medical
child
3
support
order
that
are
sent
to
the
obligee
or
other
legal
4
custodian
of
the
child
and
the
department
of
health
and
human
5
services’
child
support
recovery
unit
services
.
6
Sec.
1201.
Section
514C.18,
subsection
1,
paragraph
b,
7
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
8
(2)
The
diabetes
self-management
training
and
education
9
program
is
certified
by
the
Iowa
department
of
public
health
10
and
human
services
.
The
department
shall
consult
with
the
11
American
diabetes
association,
Iowa
affiliate,
in
developing
12
the
standards
for
certification
of
diabetes
education
programs
13
that
cover
at
least
ten
hours
of
initial
outpatient
diabetes
14
self-management
training
within
a
continuous
twelve-month
15
period
and
up
to
two
hours
of
follow-up
training
for
each
16
subsequent
year
for
each
individual
diagnosed
by
a
physician
or
17
physician
assistant
with
any
type
of
diabetes
mellitus.
18
Sec.
1202.
Section
514C.27,
Code
2023,
is
amended
to
read
19
as
follows:
20
514C.27
Mental
illness
and
substance
abuse
use
disorder
21
treatment
coverage
for
veterans.
22
1.
Notwithstanding
the
uniformity
of
treatment
requirements
23
of
section
514C.6
,
a
group
policy
or
contract
providing
for
24
third-party
payment
or
prepayment
of
health
or
medical
expenses
25
issued
by
a
carrier,
as
defined
in
section
513B.2
,
shall
26
provide
coverage
benefits
to
an
insured
who
is
a
veteran
for
27
treatment
of
mental
illness
and
substance
abuse
use
disorder
if
28
either
of
the
following
is
satisfied:
29
a.
The
policy
or
contract
is
issued
to
an
employer
who
30
on
at
least
fifty
percent
of
the
employer’s
working
days
31
during
the
preceding
calendar
year
employed
more
than
fifty
32
full-time
equivalent
employees.
In
determining
the
number
33
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of
full-time
equivalent
employees
of
an
employer,
employers
34
who
are
affiliated
or
who
are
able
to
file
a
consolidated
tax
35
return
for
purposes
of
state
taxation
shall
be
considered
one
1
employer.
2
b.
The
policy
or
contract
is
issued
to
a
small
employer
as
3
defined
in
section
513B.2
,
and
such
policy
or
contract
provides
4
coverage
benefits
for
the
treatment
of
mental
illness
and
5
substance
abuse
use
disorder
.
6
2.
Notwithstanding
the
uniformity
of
treatment
requirements
7
of
section
514C.6
,
a
plan
established
pursuant
to
chapter
509A
8
for
public
employees
shall
provide
coverage
benefits
to
an
9
insured
who
is
a
veteran
for
treatment
of
mental
illness
and
10
substance
abuse
use
disorder
as
defined
in
subsection
3
.
11
3.
For
purposes
of
this
section:
12
a.
“Mental
illness”
means
mental
disorders
as
defined
by
the
13
commissioner
by
rule.
14
b.
“Substance
abuse
use
disorder
”
means
a
pattern
of
15
pathological
use
of
alcohol
or
a
drug
that
causes
impairment
16
in
social
or
occupational
functioning,
or
that
produces
17
physiological
dependency
evidenced
by
physical
tolerance
or
by
18
physical
symptoms
when
the
alcohol
or
drug
is
withdrawn.
19
c.
“Veteran”
means
the
same
as
defined
in
section
35.1
.
20
4.
The
commissioner,
by
rule,
shall
define
“mental
illness”
21
consistent
with
definitions
provided
in
the
most
recent
edition
22
of
the
American
psychiatric
association’s
diagnostic
and
23
statistical
manual
of
mental
disorders,
as
the
definitions
may
24
be
amended
from
time
to
time.
The
commissioner
may
adopt
the
25
definitions
provided
in
such
manual
by
reference.
26
5.
This
section
shall
not
apply
to
accident-only,
27
specified
disease,
short-term
hospital
or
medical,
hospital
28
confinement
indemnity,
credit,
dental,
vision,
Medicare
29
supplement,
long-term
care,
basic
hospital
and
medical-surgical
30
expense
coverage
as
defined
by
the
commissioner,
disability
31
income
insurance
coverage,
coverage
issued
as
a
supplement
32
to
liability
insurance,
workers’
compensation
or
similar
33
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insurance,
or
automobile
medical
payment
insurance,
or
34
individual
accident
and
sickness
policies
issued
to
individuals
35
or
to
individual
members
of
a
member
association.
1
6.
A
carrier
or
plan
established
pursuant
to
chapter
509A
2
may
manage
the
benefits
provided
through
common
methods,
3
including
but
not
limited
to
providing
payment
of
benefits
or
4
providing
care
and
treatment
under
a
capitated
payment
system,
5
prospective
reimbursement
rate
system,
utilization
control
6
system,
incentive
system
for
the
use
of
least
restrictive
and
7
least
costly
levels
of
care,
a
preferred
provider
contract
8
limiting
choice
of
specific
providers,
or
any
other
system,
9
method,
or
organization
designed
to
assure
services
are
10
medically
necessary
and
clinically
appropriate.
11
7.
a.
A
group
policy
or
contract
or
plan
covered
under
this
12
section
shall
not
impose
an
aggregate
annual
or
lifetime
limit
13
on
mental
illness
or
substance
abuse
use
disorder
coverage
14
benefits
unless
the
policy
or
contract
or
plan
imposes
an
15
aggregate
annual
or
lifetime
limit
on
substantially
all
medical
16
and
surgical
coverage
benefits.
17
b.
A
group
policy
or
contract
or
plan
covered
under
this
18
section
that
imposes
an
aggregate
annual
or
lifetime
limit
on
19
substantially
all
medical
and
surgical
coverage
benefits
shall
20
not
impose
an
aggregate
annual
or
lifetime
limit
on
mental
21
illness
or
substance
abuse
use
disorder
coverage
benefits
which
22
is
less
than
the
aggregate
annual
or
lifetime
limit
imposed
on
23
substantially
all
medical
and
surgical
coverage
benefits.
24
8.
A
group
policy
or
contract
or
plan
covered
under
this
25
section
shall
at
a
minimum
allow
for
thirty
inpatient
days
26
and
fifty-two
outpatient
visits
annually.
The
policy
or
27
contract
or
plan
may
also
include
deductibles,
coinsurance,
28
or
copayments,
provided
the
amounts
and
extent
of
such
29
deductibles,
coinsurance,
or
copayments
applicable
to
other
30
medical
or
surgical
services
coverage
under
the
policy
or
31
contract
or
plan
are
the
same.
It
is
not
a
violation
of
this
32
section
if
the
policy
or
contract
or
plan
excludes
entirely
33
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from
coverage
benefits
for
the
cost
of
providing
the
following:
34
a.
Care
that
is
substantially
custodial
in
nature.
35
b.
Services
and
supplies
that
are
not
medically
necessary
or
1
clinically
appropriate.
2
c.
Experimental
treatments.
3
9.
This
section
applies
to
third-party
payment
provider
4
policies
or
contracts
and
plans
established
pursuant
to
chapter
5
509A
delivered,
issued
for
delivery,
continued,
or
renewed
in
6
this
state
on
or
after
January
1,
2011.
7
Sec.
1203.
Section
514E.1,
subsection
6,
paragraph
k,
Code
8
2023,
is
amended
to
read
as
follows:
9
k.
The
hawk-i
Hawki
program
authorized
by
chapter
514I
.
10
Sec.
1204.
Section
514F.7,
subsection
1,
paragraph
h,
Code
11
2023,
is
amended
to
read
as
follows:
12
h.
“Health
carrier”
means
an
entity
subject
to
the
13
insurance
laws
and
regulations
of
this
state,
or
subject
14
to
the
jurisdiction
of
the
commissioner,
including
an
15
insurance
company
offering
sickness
and
accident
plans,
a
16
health
maintenance
organization,
a
nonprofit
health
service
17
corporation,
a
plan
established
pursuant
to
chapter
509A
18
for
public
employees,
or
any
other
entity
providing
a
plan
19
of
health
insurance,
health
care
benefits,
or
health
care
20
services.
“Health
carrier”
does
not
include
a
managed
care
21
organization
as
defined
in
441
IAC
73.1
when
the
managed
care
22
organization
is
acting
pursuant
to
a
contract
with
the
Iowa
23
department
of
health
and
human
services
to
provide
services
to
24
Medicaid
recipients.
25
Sec.
1205.
Section
514F.8,
subsection
1,
paragraph
g,
Code
26
2023,
is
amended
to
read
as
follows:
27
g.
“Health
carrier”
means
an
entity
subject
to
the
28
insurance
laws
and
regulations
of
this
state,
or
subject
29
to
the
jurisdiction
of
the
commissioner,
including
an
30
insurance
company
offering
sickness
and
accident
plans,
a
31
health
maintenance
organization,
a
nonprofit
health
service
32
corporation,
a
plan
established
pursuant
to
chapter
509A
33
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for
public
employees,
or
any
other
entity
providing
a
plan
34
of
health
insurance,
health
care
benefits,
or
health
care
35
services.
“Health
carrier
”
does
not
include
the
department
1
of
health
and
human
services,
or
a
managed
care
organization
2
acting
pursuant
to
a
contract
with
the
department
of
health
3
and
human
services
to
administer
the
medical
assistance
4
program
under
chapter
249A
or
the
healthy
and
well
kids
in
Iowa
5
(hawk-i)
(Hawki)
program
under
chapter
514I
.
6
Sec.
1206.
Section
514H.2,
subsection
2,
Code
2023,
is
7
amended
to
read
as
follows:
8
2.
The
insurance
division
of
the
department
of
commerce
9
shall
administer
the
program
in
cooperation
with
the
division
10
responsible
for
medical
services
within
the
department
11
of
health
and
human
services.
Each
agency
shall
take
all
12
necessary
actions,
including
filing
an
appropriate
medical
13
assistance
state
plan
amendment
to
the
state
Medicaid
plan
to
14
take
full
advantage
of
the
benefits
and
features
of
the
Deficit
15
Reduction
Act
of
2005.
16
Sec.
1207.
Section
514H.5,
subsection
2,
Code
2023,
is
17
amended
to
read
as
follows:
18
2.
When
the
division
responsible
for
medical
services
19
within
the
department
of
health
and
human
services
determines
20
whether
an
individual
is
eligible
for
medical
assistance
21
under
chapter
249A
,
the
division
department
shall
make
an
22
asset
disregard
adjustment
for
any
individual
who
meets
the
23
requirements
of
section
514H.3
.
The
asset
disregard
shall
24
be
available
after
benefits
of
the
qualified
long-term
care
25
insurance
policy
have
been
applied
to
the
cost
of
qualified
26
long-term
care
services
as
required
under
this
chapter
.
27
Sec.
1208.
Section
514H.7,
subsection
3,
Code
2023,
is
28
amended
to
read
as
follows:
29
3.
The
insurance
division,
in
cooperation
with
the
30
department
of
health
and
human
services,
shall
adopt
rules
31
to
provide
an
asset
disregard
to
individuals
who
are
covered
32
by
a
long-term
care
insurance
policy
prior
to
November
17,
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2005,
consistent
with
the
Iowa
long-term
care
asset
disregard
34
incentive
program.
35
Sec.
1209.
Section
514H.8,
Code
2023,
is
amended
to
read
as
1
follows:
2
514H.8
Reciprocal
agreements
to
extend
asset
disregard.
3
The
division
responsible
for
medical
services
within
4
the
department
of
health
and
human
services
may
enter
into
5
reciprocal
agreements
with
other
states
to
extend
the
asset
6
disregard
under
section
514H.5
to
Iowa
residents
who
had
7
purchased
or
were
covered
by
qualified
long-term
care
insurance
8
policies
in
other
states.
9
Sec.
1210.
Section
514H.9,
Code
2023,
is
amended
to
read
as
10
follows:
11
514H.9
Rules.
12
The
insurance
division
of
the
department
of
commerce
in
13
cooperation
with
the
department
of
health
and
human
services
14
shall
adopt
rules
pursuant
to
chapter
17A
as
necessary
to
15
administer
this
chapter
.
16
Sec.
1211.
Section
514I.1,
subsections
2
and
4,
Code
2023,
17
are
amended
to
read
as
follows:
18
2.
It
is
the
intent
of
the
general
assembly
that
the
program
19
be
implemented
and
administered
in
compliance
with
Tit.
XXI
20
of
the
federal
Social
Security
Act.
If,
as
a
condition
of
21
receiving
federal
funds
for
the
program,
federal
law
requires
22
implementation
and
administration
of
the
program
in
a
manner
23
not
provided
in
this
chapter
,
during
a
period
when
the
general
24
assembly
is
not
in
session,
the
department,
with
the
approval
25
of
the
hawk-i
Hawki
board,
shall
proceed
to
implement
and
26
administer
those
provisions,
subject
to
review
by
the
next
27
regular
session
of
the
general
assembly.
28
4.
It
is
the
intent
of
the
general
assembly
that
the
29
hawk-i
Hawki
program
be
an
integral
part
of
the
continuum
of
30
health
insurance
coverage
and
that
the
program
be
developed
31
and
implemented
in
such
a
manner
as
to
facilitate
movement
of
32
families
between
health
insurance
providers
and
to
facilitate
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the
transition
of
families
to
private
sector
health
insurance
34
coverage.
35
Sec.
1212.
Section
514I.2,
Code
2023,
is
amended
to
read
as
1
follows:
2
514I.2
Definitions.
3
As
used
in
this
chapter
,
unless
the
context
otherwise
4
requires:
5
1.
“Benchmark
benefit
package”
means
any
of
the
following:
6
a.
The
standard
blue
cross/blue
shield
preferred
provider
7
option
service
benefit
plan,
described
in
and
offered
under
5
8
U.S.C.
§8903(1).
9
b.
A
health
benefits
coverage
plan
that
is
offered
and
10
generally
available
to
state
employees
in
this
state.
11
c.
The
plan
of
a
health
maintenance
organization
as
defined
12
in
42
U.S.C.
§300e,
with
the
largest
insured
commercial,
13
nonmedical
assistance
enrollment
of
covered
lives
in
the
state.
14
2.
“Cost
sharing”
means
the
payment
of
a
premium
or
15
copayment
as
provided
for
by
Tit.
XXI
of
the
federal
Social
16
Security
Act
and
section
514I.10
.
17
3.
“Department”
means
the
department
of
health
and
human
18
services.
19
4.
“Director”
means
the
director
of
health
and
human
20
services.
21
5.
“Eligible
child”
means
an
individual
who
meets
the
22
criteria
for
participation
in
the
program
under
section
514I.8
.
23
6.
“
Hawk-i
Hawki
board”
or
“board”
means
the
entity
which
24
adopts
rules
and
establishes
policy
for,
and
directs
the
25
department
regarding,
the
hawk-i
Hawki
program.
26
7.
“
Hawk-i
Hawki
program”
or
“program”
means
the
healthy
and
27
well
kids
in
Iowa
program
created
in
this
chapter
to
provide
28
health
insurance
coverage
to
eligible
children.
29
8.
“Health
insurance
coverage”
means
health
insurance
30
coverage
as
defined
in
42
U.S.C.
§300gg-91.
31
9.
“Participating
insurer”
means
any
of
the
following:
32
a.
An
entity
licensed
by
the
division
of
insurance
of
the
33
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department
of
commerce
to
provide
health
insurance
in
Iowa
that
34
has
contracted
with
the
department
to
provide
health
insurance
35
coverage
to
eligible
children
under
this
chapter
.
1
b.
A
managed
care
organization
acting
pursuant
to
a
contract
2
with
the
department
of
human
services
to
administer
the
hawk-i
3
Hawki
program.
4
10.
“Qualified
child
health
plan”
or
“plan”
means
health
5
insurance
coverage
provided
by
a
participating
insurer
under
6
this
chapter
.
7
Sec.
1213.
Section
514I.3,
Code
2023,
is
amended
to
read
as
8
follows:
9
514I.3
Hawk-i
Hawki
program
——
established.
10
1.
The
hawk-i
Hawki
program,
a
statewide
program
designed
to
11
improve
the
health
of
children
and
to
provide
health
insurance
12
coverage
to
eligible
children
on
a
regional
basis
which
13
complies
with
Tit.
XXI
of
the
federal
Social
Security
Act,
is
14
established
and
shall
be
implemented
January
1,
1999.
15
2.
Health
insurance
coverage
under
the
program
shall
be
16
provided
by
participating
insurers
and
through
qualified
child
17
health
plans.
18
3.
The
department
of
human
services
is
designated
to
receive
19
the
state
and
federal
funds
appropriated
or
provided
for
the
20
program,
and
to
submit
and
maintain
the
state
plan
for
the
21
program,
which
is
approved
by
the
centers
for
Medicare
and
22
Medicaid
services
of
the
United
States
department
of
health
and
23
human
services.
24
4.
Nothing
in
this
chapter
shall
be
construed
or
is
intended
25
as,
or
shall
imply,
a
grant
of
entitlement
for
services
to
26
persons
who
are
eligible
for
participation
in
the
program
based
27
upon
eligibility
consistent
with
the
requirements
of
this
28
chapter
.
Any
state
obligation
to
provide
services
pursuant
to
29
this
chapter
is
limited
to
the
extent
of
the
funds
appropriated
30
or
provided
for
this
chapter
.
31
5.
Participating
insurers
under
this
chapter
are
not
32
subject
to
the
requirements
of
chapters
513B
and
513C
.
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6.
Health
care
coverage
provided
under
this
chapter
in
34
accordance
with
Tit.
XXI
of
the
federal
Social
Security
Act
35
shall
be
recognized
as
prior
creditable
coverage
for
the
1
purposes
of
private
individual
and
group
health
insurance
2
coverage.
3
Sec.
1214.
Section
514I.4,
subsection
1,
unnumbered
4
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
5
The
director,
with
the
approval
of
the
hawk-i
Hawki
board,
6
shall
implement
this
chapter
.
The
director
shall
do
all
of
the
7
following:
8
Sec.
1215.
Section
514I.5,
Code
2023,
is
amended
to
read
as
9
follows:
10
514I.5
Hawk-i
Hawki
board.
11
1.
A
hawk-i
Hawki
board
for
the
hawk-i
Hawki
program
is
12
established.
The
board
shall
meet
not
less
than
six
and
13
not
more
than
twelve
times
annually,
for
the
purposes
of
14
establishing
policy
for,
directing
the
department
on,
and
15
adopting
rules
for
the
program.
The
board
shall
consist
of
16
seven
voting
members
and
four
ex
officio,
nonvoting
members,
17
including
all
of
the
following:
18
a.
The
commissioner
of
insurance,
or
the
commissioner’s
19
designee.
20
b.
The
director
of
the
department
of
education,
or
the
21
director’s
designee.
22
c.
The
director
of
public
health
and
human
services
,
or
the
23
director’s
designee.
24
d.
Four
public
members
appointed
by
the
governor
and
25
subject
to
confirmation
by
the
senate.
The
public
members
26
shall
be
members
of
the
general
public
who
have
experience,
27
knowledge,
or
expertise
in
the
subject
matter
embraced
within
28
this
chapter
.
29
e.
Two
members
of
the
senate
and
two
members
of
the
house
of
30
representatives,
serving
as
ex
officio,
nonvoting
members.
The
31
legislative
members
of
the
board
shall
be
appointed
one
each
32
by
the
majority
leader
of
the
senate,
after
consultation
with
33
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the
president
of
the
senate,
and
by
the
minority
leader
of
the
34
senate,
and
by
the
speaker
of
the
house
of
representatives,
35
after
consultation
with
the
majority
leader
of
the
house
of
1
representatives,
and
by
the
minority
leader
of
the
house
2
of
representatives.
Legislative
members
shall
receive
3
compensation
pursuant
to
section
2.12
.
4
2.
Members
appointed
by
the
governor
shall
serve
two-year
5
staggered
terms
as
designated
by
the
governor,
and
legislative
6
members
of
the
board
shall
serve
two-year
terms.
The
filling
7
of
positions
reserved
for
the
public
representatives,
8
vacancies,
membership
terms,
payment
of
compensation
and
9
expenses,
and
removal
of
the
members
are
governed
by
chapter
10
69
.
Members
of
the
board
are
entitled
to
receive
reimbursement
11
of
actual
expenses
incurred
in
the
discharge
of
their
duties.
12
Public
members
of
the
board
are
also
eligible
to
receive
13
compensation
as
provided
in
section
7E.6
.
A
majority
of
the
14
voting
members
constitutes
a
quorum
and
the
affirmative
vote
15
of
a
majority
of
the
voting
members
is
necessary
for
any
16
substantive
action
to
be
taken
by
the
board.
The
members
17
shall
select
a
chairperson
on
an
annual
basis
from
among
the
18
membership
of
the
board.
19
3.
The
board
shall
approve
any
contract
entered
into
20
pursuant
to
this
chapter
.
All
contracts
entered
into
pursuant
21
to
this
chapter
shall
be
made
available
to
the
public.
22
4.
The
department
of
human
services
shall
act
as
support
23
staff
to
the
board.
24
5.
The
board
may
receive
and
accept
grants,
loans,
or
25
advances
of
funds
from
any
person
and
may
receive
and
accept
26
from
any
source
contributions
of
money,
property,
labor,
or
any
27
other
thing
of
value,
to
be
held,
used,
and
applied
for
the
28
purposes
of
the
program.
29
6.
The
hawk-i
Hawki
board
shall
do
all
of
the
following:
30
a.
Define,
in
consultation
with
the
department,
the
regions
31
of
the
state
for
which
plans
are
offered
in
a
manner
as
to
32
ensure
access
to
services
for
all
children
participating
in
the
33
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program.
34
b.
Approve
the
benefit
package
design,
review
the
benefit
35
package
design
on
a
periodic
basis,
and
make
necessary
changes
1
in
the
benefit
design
to
reflect
the
results
of
the
periodic
2
reviews.
3
c.
Develop,
with
the
assistance
of
the
department,
an
4
outreach
plan,
and
provide
for
periodic
assessment
of
the
5
effectiveness
of
the
outreach
plan.
The
plan
shall
provide
6
outreach
to
families
of
children
likely
to
be
eligible
7
for
assistance
under
the
program,
to
inform
them
of
the
8
availability
of
and
to
assist
the
families
in
enrolling
9
children
in
the
program.
The
outreach
efforts
may
include,
but
10
are
not
limited
to,
solicitation
of
cooperation
from
programs,
11
agencies,
and
other
persons
who
are
likely
to
have
contact
12
with
eligible
children,
including
but
not
limited
to
those
13
associated
with
the
educational
system,
and
the
development
14
of
community
plans
for
outreach
and
marketing.
Other
state
15
agencies
shall
assist
the
department
in
data
collection
related
16
to
outreach
efforts
to
potentially
eligible
children
and
their
17
families.
18
d.
In
consultation
with
the
clinical
advisory
committee,
19
assess
the
initial
health
status
of
children
participating
in
20
the
program,
establish
a
baseline
for
comparison
purposes,
and
21
develop
appropriate
indicators
to
measure
the
subsequent
health
22
status
of
children
participating
in
the
program.
23
e.
Review,
in
consultation
with
the
department,
and
take
24
necessary
steps
to
improve
interaction
between
the
program
and
25
other
public
and
private
programs
which
provide
services
to
the
26
population
of
eligible
children.
27
f.
By
January
1,
annually,
prepare,
with
the
assistance
28
of
the
department,
and
submit
a
report
to
the
governor,
29
the
general
assembly,
and
the
council
on
health
and
human
30
services,
concerning
the
board’s
activities,
findings,
and
31
recommendations.
32
g.
Solicit
input
from
the
public
regarding
the
program
and
33
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related
issues
and
services.
34
h.
Establish
and
consult
with
a
clinical
advisory
committee
35
to
make
recommendations
to
the
board
regarding
the
clinical
1
aspects
of
the
hawk-i
Hawki
program.
2
i.
Prescribe
the
elements
to
be
included
in
a
health
3
improvement
program
plan
required
to
be
developed
by
a
4
participating
insurer.
The
elements
shall
include
but
are
not
5
limited
to
health
maintenance
and
prevention
and
health
risk
6
assessment.
7
j.
Establish
an
advisory
committee
to
make
recommendations
8
to
the
board
and
to
the
general
assembly
by
January
1
annually
9
concerning
the
provision
of
health
insurance
coverage
to
10
children
with
special
health
care
needs.
The
committee
shall
11
include
individuals
with
experience
in,
knowledge
of,
or
12
expertise
in
this
area.
The
recommendations
shall
address,
but
13
are
not
limited
to,
all
of
the
following:
14
(1)
The
definition
of
the
target
population
of
children
15
with
special
health
care
needs
for
the
purposes
of
determining
16
eligibility
under
the
program.
17
(2)
Eligibility
options
for
and
assessment
of
children
with
18
special
health
care
needs
for
eligibility.
19
(3)
Benefit
options
for
children
with
special
health
care
20
needs.
21
(4)
Options
for
enrollment
of
children
with
special
health
22
care
needs
in
and
disenrollment
of
children
with
special
health
23
care
needs
from
qualified
child
health
plans
utilizing
a
24
capitated
fee
form
of
payment.
25
(5)
The
appropriateness
and
quality
of
care
for
children
26
with
special
health
care
needs.
27
(6)
The
coordination
of
health
services
provided
for
28
children
with
special
health
care
needs
under
the
program
with
29
services
provided
by
other
publicly
funded
programs.
30
k.
Develop
options
and
recommendations
to
allow
children
31
eligible
for
the
hawk-i
Hawki
program
to
participate
in
32
qualified
employer-sponsored
health
plans
through
a
premium
33
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assistance
program.
The
options
and
recommendations
shall
34
ensure
reasonable
alignment
between
the
benefits
and
costs
35
of
the
hawk-i
Hawki
program
and
the
employer-sponsored
1
health
plans
consistent
with
federal
law.
In
addition,
the
2
board
shall
implement
the
premium
assistance
program
options
3
described
under
the
federal
Children’s
Health
Insurance
Program
4
Reauthorization
Act
of
2009,
Pub.
L.
No.
111-3,
for
the
hawk-i
5
Hawki
program.
6
7.
The
hawk-i
Hawki
board,
in
consultation
with
the
7
department
of
human
services
,
shall
adopt
rules
which
address,
8
but
are
not
limited
to
addressing,
all
of
the
following:
9
a.
Implementation
and
administration
of
the
program.
10
b.
Qualifying
standards
for
selecting
participating
insurers
11
for
the
program.
12
c.
The
benefits
to
be
included
in
a
qualified
child
health
13
plan
which
are
those
included
in
a
benchmark
or
benchmark
14
equivalent
plan
and
which
comply
with
Tit.
XXI
of
the
federal
15
Social
Security
Act.
Benefits
covered
shall
include
but
are
16
not
limited
to
all
of
the
following:
17
(1)
Inpatient
hospital
services
including
medical,
18
surgical,
intensive
care
unit,
mental
health,
and
substance
19
abuse
use
disorder
services.
20
(2)
Nursing
care
services
including
skilled
nursing
21
facility
services.
22
(3)
Outpatient
hospital
services
including
emergency
room,
23
surgery,
lab,
and
x-ray
services
and
other
services.
24
(4)
Physician
services,
including
surgical
and
medical,
and
25
including
office
visits,
newborn
care,
well-baby
and
well-child
26
care,
immunizations,
urgent
care,
specialist
care,
allergy
27
testing
and
treatment,
mental
health
visits,
and
substance
28
abuse
use
disorder
visits.
29
(5)
Ambulance
services.
30
(6)
Physical
therapy.
31
(7)
Speech
therapy.
32
(8)
Durable
medical
equipment.
33
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(9)
Home
health
care.
34
(10)
Hospice
services.
35
(11)
Prescription
drugs.
1
(12)
Dental
services
including
preventive
services.
2
(13)
Medically
necessary
hearing
services.
3
(14)
Vision
services
including
corrective
lenses.
4
(15)
Translation
and
interpreter
services
as
specified
5
pursuant
to
the
federal
Children’s
Health
Insurance
Program
6
Reauthorization
Act
of
2009,
Pub.
L.
No.
111-3.
7
(16)
Chiropractic
services.
8
(17)
Occupational
therapy.
9
d.
Presumptive
eligibility
criteria
for
the
program.
10
Beginning
January
1,
2010,
presumptive
eligibility
shall
be
11
provided
for
eligible
children.
12
e.
The
amount
of
any
cost
sharing
under
the
program
which
13
shall
be
assessed
based
on
family
income
and
which
complies
14
with
federal
law.
15
f.
The
reasons
for
disenrollment
including,
but
not
limited
16
to,
nonpayment
of
premiums,
eligibility
for
medical
assistance
17
or
other
insurance
coverage,
admission
to
a
public
institution,
18
relocation
from
the
area,
and
change
in
income.
19
g.
Conflict
of
interest
provisions
applicable
to
20
participating
insurers
and
between
public
members
of
the
board
21
and
participating
insurers.
22
h.
Penalties
for
breach
of
contract
or
other
violations
of
23
requirements
or
provisions
under
the
program.
24
i.
A
mechanism
for
participating
insurers
to
report
any
25
rebates
received
to
the
department.
26
j.
The
data
to
be
maintained
by
the
department
including
27
data
to
be
collected
for
the
purposes
of
quality
assurance
28
reports.
29
k.
The
use
of
provider
guidelines
in
assessing
the
30
well-being
of
children,
which
may
include
the
use
of
the
bright
31
futures
for
infants,
children,
and
adolescents
program
as
32
developed
by
the
federal
maternal
and
child
health
bureau
and
33
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the
American
academy
of
pediatrics
guidelines
for
well-child
34
care.
35
8.
a.
The
hawk-i
Hawki
board
may
provide
approval
to
the
1
director
to
contract
with
participating
insurers
to
provide
2
dental-only
services.
In
determining
whether
to
provide
3
such
approval
to
the
director,
the
board
shall
take
into
4
consideration
the
impact
on
the
overall
program
of
single
5
source
contracting
for
dental
services.
6
b.
The
hawk-i
Hawki
board
may
provide
approval
to
the
7
director
to
contract
with
participating
insurers
to
provide
8
the
supplemental
dental-only
coverage
to
otherwise
eligible
9
children
who
have
private
health
care
coverage
as
specified
in
10
the
federal
Children’s
Health
Insurance
Program
Reauthorization
11
Act
of
2009,
Pub.
L.
No.
111-3.
12
9.
The
hawk-i
Hawki
board
shall
monitor
the
capacity
of
13
Medicaid
managed
care
organizations
acting
pursuant
to
a
14
contract
with
the
department
to
administer
the
hawk-i
Hawki
15
program
to
specifically
and
appropriately
address
the
unique
16
needs
of
children
and
children’s
health
delivery.
17
Sec.
1216.
Section
514I.8,
subsection
2,
unnumbered
18
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
19
A
child
may
participate
in
the
hawk-i
Hawki
program
if
the
20
child
meets
all
of
the
following
criteria:
21
Sec.
1217.
Section
514I.8A,
Code
2023,
is
amended
to
read
22
as
follows:
23
514I.8A
Hawk-i
Hawki
——
all
income-eligible
children.
24
The
department
shall
provide
coverage
to
individuals
25
under
nineteen
years
of
age
who
meet
the
income
eligibility
26
requirements
for
the
hawk-i
Hawki
program
and
for
whom
federal
27
financial
participation
is
or
becomes
available
for
the
cost
28
of
such
coverage.
29
Sec.
1218.
Section
514I.9,
subsection
1,
Code
2023,
is
30
amended
to
read
as
follows:
31
1.
The
hawk-i
Hawki
board
shall
review
the
benefits
package
32
annually
and
shall
determine
additions
to
or
deletions
from
the
33
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benefits
package
offered.
The
hawk-i
Hawki
board
shall
submit
34
the
recommendations
to
the
general
assembly
for
any
amendment
35
to
the
benefits
package.
1
Sec.
1219.
Section
514I.11,
Code
2023,
is
amended
to
read
2
as
follows:
3
514I.11
Hawk-i
Hawki
trust
fund.
4
1.
A
hawk-i
Hawki
trust
fund
is
created
in
the
state
5
treasury
under
the
authority
of
the
department
of
human
6
services
,
in
which
all
appropriations
and
other
revenues
of
the
7
program
such
as
grants,
contributions,
and
participant
payments
8
shall
be
deposited
and
used
for
the
purposes
of
the
program.
9
The
moneys
in
the
fund
shall
not
be
considered
revenue
of
the
10
state,
but
rather
shall
be
funds
of
the
program.
11
2.
The
trust
fund
shall
be
separate
from
the
general
fund
12
of
the
state
and
shall
not
be
considered
part
of
the
general
13
fund
of
the
state.
The
moneys
in
the
trust
fund
are
not
14
subject
to
section
8.33
and
shall
not
be
transferred,
used,
15
obligated,
appropriated,
or
otherwise
encumbered,
except
to
16
provide
for
the
purposes
of
this
chapter
and
except
as
provided
17
in
subsection
4
.
Notwithstanding
section
12C.7,
subsection
18
2
,
interest
or
earnings
on
moneys
deposited
in
the
trust
fund
19
shall
be
credited
to
the
trust
fund.
20
3.
Moneys
in
the
fund
are
appropriated
to
the
department
and
21
shall
be
used
to
offset
any
program
costs.
22
4.
The
department
may
transfer
moneys
appropriated
from
23
the
fund
to
be
used
for
the
purpose
of
expanding
health
care
24
coverage
to
children
under
the
medical
assistance
program.
25
5.
The
department
shall
provide
periodic
updates
to
the
26
general
assembly
regarding
expenditures
from
the
fund.
27
Sec.
1220.
Section
523A.301,
Code
2023,
is
amended
to
read
28
as
follows:
29
523A.301
Definition.
30
As
used
in
sections
523A.302
and
523A.303
,
“director”
means
31
the
director
of
health
and
human
services.
32
Sec.
1221.
Section
523A.303,
subsection
2,
paragraph
e,
33
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Code
2023,
is
amended
to
read
as
follows:
34
e.
A
notice
in
substantially
the
following
form
complies
35
with
this
subsection
:
1
TO:
THE
DIRECTOR
OF
HEALTH
AND
HUMAN
SERVICES
2
FROM:
(SELLER’S
NAME,
CURRENT
ADDRESS,
AND
TELEPHONE
NUMBER)
3
You
are
hereby
notified
that
(name
of
deceased),
who
had
an
4
irrevocable
burial
trust
fund,
has
died,
that
final
payment
5
for
cemetery
merchandise,
funeral
merchandise,
and
funeral
6
services
has
been
made,
and
that
(remaining
amount)
remains
in
7
the
irrevocable
burial
trust
fund.
8
The
above-named
seller
must
receive
a
written
response
9
regarding
any
claim
by
the
director
within
sixty
days
after
the
10
mailing
of
this
notice
to
the
director.
11
If
the
above-named
seller
does
not
receive
a
written
response
12
regarding
a
claim
by
the
director
within
sixty
days
after
the
13
mailing
of
this
notice,
the
seller
may
dispose
of
the
remaining
14
funds
in
accordance
with
section
523A.303
,
Code
of
Iowa.
15
Sec.
1222.
Section
523A.303,
subsection
3,
Code
2023,
is
16
amended
to
read
as
follows:
17
3.
Upon
receipt
of
the
seller’s
written
notice,
the
director
18
shall
determine
if
a
debt
is
due
the
department
of
health
and
19
human
services
pursuant
to
section
249A.53
.
If
the
director
20
determines
that
a
debt
is
owing,
the
director
shall
provide
21
a
written
response
to
the
seller
within
sixty
days
after
the
22
mailing
of
the
seller’s
notice.
If
the
director
does
not
23
respond
with
a
claim
within
the
sixty-day
period,
any
claim
24
made
by
the
director
shall
not
be
enforceable
against
the
25
seller,
the
trust,
or
a
trustee.
26
Sec.
1223.
Section
523I.214,
Code
2023,
is
amended
to
read
27
as
follows:
28
523I.214
Violations
of
law
——
referrals
to
the
Iowa
29
department
of
public
health
and
human
services
.
30
If
the
commissioner
discovers
a
violation
of
a
provision
31
of
this
chapter
or
any
other
state
law
or
rule
concerning
the
32
disposal
or
transportation
of
human
remains,
the
commissioner
33
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shall
forward
all
evidence
in
the
possession
of
the
34
commissioner
concerning
such
a
violation
to
the
Iowa
department
35
of
public
health
and
human
services
for
such
proceedings
as
1
the
Iowa
department
of
public
health
and
human
services
deems
2
appropriate.
3
Sec.
1224.
Section
523I.701,
subsection
6,
Code
2023,
is
4
amended
to
read
as
follows:
5
6.
The
lawn
crypt
shall
be
installed
in
compliance
with
any
6
applicable
law
or
rule
adopted
by
the
Iowa
department
of
public
7
health
and
human
services
.
8
Sec.
1225.
Section
541A.1,
Code
2023,
is
amended
to
read
as
9
follows:
10
541A.1
Definitions.
11
For
the
purposes
of
this
chapter
,
unless
the
context
12
otherwise
requires:
13
1.
“Account
holder”
means
an
individual
who
is
the
owner
of
14
an
individual
development
account.
15
2.
“Administrator”
means
the
division
of
community
action
16
agencies
of
the
department
of
human
rights.
17
3.
2.
“Charitable
contributor”
means
a
nonprofit
18
association
described
in
section
501(c)(3)
of
the
Internal
19
Revenue
Code
which
makes
a
deposit
to
an
individual
development
20
account
and
which
is
exempt
from
taxation
under
section
501(a)
21
of
the
Internal
Revenue
Code.
22
3.
“Commission”
means
the
commission
on
community
action
23
agencies
created
in
section
216A.92A.
24
4.
“Department”
means
the
department
of
health
and
human
25
services.
26
5.
“Director”
means
the
director
of
health
and
human
27
services.
28
4.
6.
“Federal
poverty
level”
means
the
first
poverty
29
income
guidelines
published
in
the
calendar
year
by
the
United
30
States
department
of
health
and
human
services.
31
5.
7.
“Financial
institution”
means
a
financial
institution
32
approved
by
the
administrator
director
as
an
investment
33
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mechanism
for
individual
development
accounts.
34
6.
8.
“Household
income”
means
the
annual
household
35
income
of
an
account
holder
or
prospective
account
holder,
1
as
determined
in
accordance
with
rules
adopted
by
the
2
administrator
director
.
3
7.
9.
“Individual
contributor”
means
an
individual
who
4
makes
a
deposit
to
an
individual
development
account
and
is
not
5
the
account
holder
or
a
charitable
contributor.
6
8.
10.
“Individual
development
account”
means
either
of
the
7
following:
8
a.
A
financial
instrument
that
is
certified
to
have
the
9
characteristics
described
in
section
541A.2
by
the
operating
10
organization.
11
b.
A
financial
instrument
that
is
certified
by
the
12
operating
organization
to
have
the
characteristics
described
13
in
and
funded
by
a
federal
individual
development
account
14
program
under
which
federal
and
state
funding
contributed
to
15
match
account
holder
deposits
is
deposited
by
an
operating
16
organization
in
accordance
with
federal
law
and
regulations,
17
and
which
includes
but
is
not
limited
to
any
of
the
programs
18
implemented
under
the
following
federal
laws:
19
(1)
The
federal
Personal
Responsibility
and
Work
20
Opportunity
Act
of
1996,
42
U.S.C.
§604(h).
21
(2)
The
federal
Assets
for
Independence
Act,
Pub.
L.
No.
22
105-285,
Tit.
IV.
23
9.
11.
“Operating
organization”
means
an
agency
selected
24
by
the
administrator
department
for
involvement
in
operating
25
individual
development
accounts
directed
to
a
specific
target
26
population.
27
10.
12.
“Source
of
principal”
means
any
of
the
sources
of
28
a
deposit
to
an
individual
development
account
under
section
29
541A.2,
subsection
2
.
30
Sec.
1226.
Section
541A.2,
subsection
7,
Code
2023,
is
31
amended
to
read
as
follows:
32
7.
Subject
to
obtaining
any
necessary
federal
waivers,
the
33
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department
of
human
services
shall
not
consider
moneys
in
an
34
individual
development
account
and
any
earnings
on
the
moneys
35
in
determining
the
eligibility
or
need
of
an
individual
for
1
benefits
or
assistance
or
the
amount
of
benefits
or
assistance
2
under
the
family
investment
program
under
chapter
239B
,
the
3
promoting
independence
and
self-sufficiency
through
employment
4
job
opportunities
and
basic
skills
program,
or
any
other
5
program
administered
by
the
department
of
human
services
.
6
Sec.
1227.
Section
541A.3,
Code
2023,
is
amended
to
read
as
7
follows:
8
541A.3
Individual
development
accounts
——
state
savings
match
9
and
tax
provisions.
10
All
of
the
following
state
savings
match
and
tax
provisions
11
shall
apply
to
an
individual
development
account:
12
1.
a.
Payment
by
the
state
of
a
state
savings
match
on
13
amounts
of
up
to
two
thousand
dollars
that
an
account
holder
14
deposits
in
the
account
holder’s
account.
15
b.
Moneys
transferred
to
an
individual
development
account
16
from
another
individual
development
account
and
a
state
savings
17
match
received
by
the
account
holder
in
accordance
with
this
18
section
shall
not
be
considered
an
account
holder
deposit
for
19
purposes
of
determining
a
state
savings
match.
20
c.
Payment
of
a
state
savings
match
either
shall
be
21
made
directly
to
the
account
holder
or
to
an
operating
22
organization’s
central
reserve
account
for
later
distribution
23
to
the
account
holder
in
the
most
appropriate
manner
as
24
determined
by
the
administrator
department
.
25
d.
Subject
to
the
limitation
in
paragraph
“a”
,
the
state
26
savings
match
shall
be
equal
to
one
hundred
percent
of
27
the
amount
deposited
by
the
account
holder.
However,
the
28
administrator
department
may
limit,
reduce,
delay,
or
otherwise
29
revise
state
savings
match
payment
provisions
as
necessary
to
30
restrict
the
payments
to
the
funding
available.
31
2.
Income
earned
by
an
individual
development
account
is
32
not
subject
to
state
tax,
in
accordance
with
the
provisions
of
33
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section
422.7,
subsection
17
.
34
3.
Amounts
transferred
between
individual
development
35
accounts
are
not
subject
to
state
tax.
1
4.
The
administrator
department
shall
coordinate
the
filing
2
of
claims
for
a
state
savings
match
authorized
under
subsection
3
1
,
between
account
holders
and
operating
organizations.
Claims
4
approved
by
the
administrator
department
may
be
paid
to
each
5
account
holder,
for
an
aggregate
amount
for
distribution
to
the
6
holders
of
the
accounts
in
a
particular
financial
institution,
7
or
to
an
operating
organization’s
central
reserve
account
8
for
later
distribution
to
the
account
holders
depending
on
9
the
efficiency
for
issuing
the
state
savings
match
payments.
10
Claims
shall
be
initially
filed
with
the
administrator
11
department
on
or
before
a
date
established
by
the
administrator
12
department
.
Claims
approved
by
the
administrator
department
13
shall
be
paid
from
the
individual
development
account
state
14
savings
match
fund.
15
Sec.
1228.
Section
541A.5,
Code
2023,
is
amended
to
read
as
16
follows:
17
541A.5
Rules.
18
1.
The
commission
on
community
action
agencies
created
19
in
section
216A.92A
,
in
consultation
with
the
department
of
20
administrative
services,
shall
adopt
administrative
rules
to
21
administer
this
chapter
.
22
2.
a.
The
rules
adopted
by
the
commission
shall
include
23
but
are
not
limited
to
provision
for
transfer
of
an
individual
24
development
account
to
a
different
financial
institution
than
25
originally
approved
by
the
administrator
department
,
if
the
26
different
financial
institution
has
an
agreement
with
the
27
account’s
operating
organization.
28
b.
The
rules
for
determining
household
income
may
provide
29
categorical
eligibility
for
prospective
account
holders
who
are
30
enrolled
in
programs
with
income
eligibility
restrictions
that
31
are
equal
to
or
less
than
the
maximum
household
income
allowed
32
for
payment
of
a
state
match
under
section
541A.3
.
33
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c.
Subject
to
the
availability
of
funding,
the
commission
34
may
adopt
rules
implementing
an
individual
development
account
35
program
for
refugees.
Rules
shall
identify
purposes
authorized
1
for
withdrawals
to
meet
the
special
needs
of
refugee
families.
2
3.
The
administrator
department
shall
utilize
a
request
for
3
proposals
process
for
selection
of
operating
organizations
and
4
approval
of
financial
institutions.
5
Sec.
1229.
Section
541A.6,
Code
2023,
is
amended
to
read
as
6
follows:
7
541A.6
Compliance
with
federal
requirements.
8
The
commission
on
community
action
agencies
shall
adopt
9
rules
for
compliance
with
federal
individual
development
10
account
requirements
under
the
federal
Personal
Responsibility
11
and
Work
Opportunity
Reconciliation
Act
of
1996,
§103,
as
12
codified
in
42
U.S.C.
§604(h),
under
the
federal
Assets
13
for
Independence
Act,
Pub.
L.
No.
105-285,
Tit.
IV,
or
with
14
any
other
federal
individual
development
account
program
15
requirements
for
drawing
federal
funding.
Any
rules
adopted
16
under
this
section
shall
not
apply
the
federal
individual
17
development
account
program
requirements
to
an
operating
18
organization
which
does
not
utilize
federal
funding
for
the
19
accounts
with
which
it
is
connected
or
to
an
account
holder
who
20
does
not
receive
temporary
assistance
for
needy
families
block
21
grant
or
other
federal
funding.
22
Sec.
1230.
Section
541A.7,
Code
2023,
is
amended
to
read
as
23
follows:
24
541A.7
Individual
development
account
state
match
fund.
25
1.
An
individual
development
account
state
match
fund
26
is
created
in
the
state
treasury
under
the
authority
of
the
27
administrator
department
.
Notwithstanding
section
8.33
,
28
moneys
appropriated
to
the
fund
shall
not
revert
to
any
other
29
fund.
Notwithstanding
section
12C.7,
subsection
2
,
interest
30
or
earnings
on
moneys
deposited
in
the
fund
shall
be
credited
31
to
the
fund.
32
2.
Moneys
available
in
the
fund
for
a
fiscal
year
are
33
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appropriated
to
the
administrator
department
to
be
used
34
to
provide
the
state
match
for
account
holder
deposits
in
35
accordance
with
section
541A.3
.
At
least
eighty-five
percent
1
of
the
amount
appropriated
shall
be
used
for
state
match
2
payments
and
the
remainder
may
be
used
for
the
administrative
3
costs
of
the
operating
organization.
Administrative
costs
4
include
but
are
not
limited
to
accounting
services,
curriculum
5
costs
for
financial
education
or
asset-specific
training,
and
6
costs
for
technical
assistance
contractors.
7
Sec.
1231.
Section
589.26,
Code
2023,
is
amended
to
read
as
8
follows:
9
589.26
Land
transfers
by
the
department
of
health
and
human
10
services
legalized.
11
Every
deed,
release
or
other
instrument
in
writing
12
purporting
to
transfer
any
interest
in
land
held
or
claimed
by
13
the
department
of
health
and
human
services
or
a
predecessor
14
agency,
which
is
signed
by
a
departmental
official,
and
which
15
was
filed
of
record
more
than
ten
years
earlier,
in
the
office
16
of
the
auditor
or
recorder
or
clerk
of
the
district
court
of
17
any
county
is
legalized
and
shall
be
good
and
valid
in
law
18
and
in
equity
as
fully
as
if
the
record
expressly
showed
that
19
it
in
all
respects
complied
with
and
was
fully
authorized
as
20
provided
in
any
statute
pertaining
to
such
instrument,
any
21
other
provision
of
law
to
the
contrary
notwithstanding.
22
Sec.
1232.
Section
595.4,
subsection
1,
Code
2023,
is
23
amended
to
read
as
follows:
24
1.
Previous
to
the
issuance
of
any
license
to
marry,
the
25
parties
desiring
the
license
shall
sign
and
file
a
verified
26
application
with
the
county
registrar
which
application
27
either
may
be
mailed
to
the
parties
at
their
request
or
28
may
be
signed
by
them
at
the
office
of
the
county
registrar
29
in
the
county
in
which
the
license
is
to
be
issued.
The
30
application
shall
include
the
social
security
number
of
each
31
applicant
and
shall
set
forth
at
least
one
affidavit
of
some
32
competent
and
disinterested
person
stating
the
facts
as
to
33
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age
and
qualification
of
the
parties.
Upon
the
filing
of
the
34
application
for
a
license
to
marry,
the
county
registrar
shall
35
file
the
application
in
a
record
kept
for
that
purpose
and
1
shall
take
all
necessary
steps
to
ensure
the
confidentiality
of
2
the
social
security
number
of
each
applicant.
All
information
3
included
on
an
application
may
be
provided
as
mutually
agreed
4
upon
by
the
division
of
records
and
state
registrar
of
vital
5
statistics
and
the
child
support
recovery
unit
services
,
6
including
by
automated
exchange.
7
Sec.
1233.
Section
598.7,
subsection
1,
Code
2023,
is
8
amended
to
read
as
follows:
9
1.
The
district
court
may,
on
its
own
motion
or
on
the
10
motion
of
any
party,
order
the
parties
to
participate
in
11
mediation
in
any
dissolution
of
marriage
action
or
other
12
domestic
relations
action.
Mediation
performed
under
this
13
section
shall
comply
with
the
provisions
of
chapter
679C
.
14
The
provisions
of
this
section
shall
not
apply
if
the
action
15
involves
a
child
support
or
medical
support
obligation
enforced
16
by
the
child
support
recovery
unit
services
.
The
provisions
17
of
this
section
shall
not
apply
to
actions
which
involve
elder
18
abuse
pursuant
to
chapter
235F
or
domestic
abuse
pursuant
19
to
chapter
236
.
The
provisions
of
this
section
shall
not
20
affect
a
judicial
district’s
or
court’s
authority
to
order
21
settlement
conferences
pursuant
to
rules
of
civil
procedure.
22
The
court
shall,
on
application
of
a
party,
grant
a
waiver
23
from
any
court-ordered
mediation
under
this
section
if
the
24
party
demonstrates
that
a
history
of
domestic
abuse
exists
as
25
specified
in
section
598.41,
subsection
3
,
paragraph
“j”
.
26
Sec.
1234.
Section
598.21B,
subsection
1,
paragraphs
c
and
27
d,
Code
2023,
are
amended
to
read
as
follows:
28
c.
It
is
the
intent
of
the
general
assembly
that,
to
the
29
extent
possible
within
the
requirements
of
federal
law,
the
30
court
and
the
child
support
recovery
unit
services
consider
the
31
individual
facts
of
each
judgment
or
case
in
the
application
32
of
the
guidelines
and
determine
the
support
obligation
33
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accordingly.
It
is
also
the
intent
of
the
general
assembly
34
that
in
the
supreme
court’s
review
of
the
guidelines,
the
35
supreme
court
shall
do
both
of
the
following:
1
(1)
Emphasize
the
ability
of
a
court
to
apply
the
guidelines
2
in
a
just
and
appropriate
manner
based
upon
the
individual
3
facts
of
a
judgment
or
case.
4
(2)
In
determining
monthly
child
support
payments,
consider
5
other
children
for
whom
either
parent
is
legally
responsible
6
for
support
and
other
child
support
obligations
actually
paid
7
by
either
party
pursuant
to
a
court
or
administrative
order.
8
d.
The
guidelines
prescribed
by
the
supreme
court
shall
9
be
used
by
the
department
of
health
and
human
services
in
10
determining
child
support
payments
under
sections
252C.2
11
and
252C.4
.
A
variation
from
the
guidelines
shall
not
be
12
considered
by
the
department
without
a
record
or
written
13
finding,
based
on
stated
reasons,
that
the
guidelines
would
be
14
unjust
or
inappropriate
as
determined
under
criteria
prescribed
15
by
the
supreme
court.
16
Sec.
1235.
Section
598.21B,
subsection
2,
paragraph
e,
Code
17
2023,
is
amended
to
read
as
follows:
18
e.
Special
circumstances
justifying
variation
from
19
guidelines.
Unless
the
special
circumstances
of
the
case
20
justify
a
deviation,
the
court
or
the
child
support
recovery
21
unit
services
shall
establish
a
monthly
child
support
payment
22
in
accordance
with
the
guidelines
for
a
parent
who
is
nineteen
23
years
of
age
or
younger,
who
has
not
received
a
high
school
24
or
high
school
equivalency
diploma,
and
to
whom
each
of
the
25
following
apply:
26
(1)
The
parent
is
attending
a
school
or
program
described
as
27
follows
or
has
been
identified
as
one
of
the
following:
28
(a)
The
parent
is
in
full-time
attendance
at
an
accredited
29
school
and
is
pursuing
a
course
of
study
leading
to
a
high
30
school
diploma.
31
(b)
The
parent
is
attending
an
instructional
program
32
leading
to
a
high
school
equivalency
diploma.
33
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(c)
The
parent
is
attending
a
career
and
technical
education
34
program
approved
pursuant
to
chapter
258
.
35
(d)
The
parent
has
been
identified
by
the
director
of
1
special
education
of
the
area
education
agency
as
a
child
2
requiring
special
education
as
defined
in
section
256B.2
.
3
(2)
The
parent
provides
proof
of
compliance
with
the
4
requirements
of
subparagraph
(1)
to
the
child
support
recovery
5
unit
services
,
if
the
unit
child
support
services
is
providing
6
services
under
chapter
252B
,
or
if
the
unit
child
support
7
services
is
not
providing
services
pursuant
to
chapter
252B
,
to
8
the
court
as
the
court
may
direct.
Failure
to
provide
proof
of
9
compliance
under
this
subparagraph
or
proof
of
compliance
under
10
section
598.21G
is
grounds
for
modification
of
the
support
11
order
using
the
uniform
child
support
guidelines
and
imputing
12
an
income
to
the
parent
equal
to
a
forty-hour
workweek
at
the
13
state
minimum
wage,
unless
the
parent’s
education,
experience,
14
or
actual
earnings
justify
a
higher
income.
15
Sec.
1236.
Section
598.21C,
subsection
2,
paragraph
b,
Code
16
2023,
is
amended
to
read
as
follows:
17
b.
This
basis
for
modification
is
applicable
to
petitions
18
filed
on
or
after
July
1,
1992,
notwithstanding
whether
19
the
guidelines
prescribed
by
section
598.21B
were
used
in
20
establishing
the
current
amount
of
support.
Upon
application
21
for
a
modification
of
an
order
for
child
support
for
which
22
services
are
being
received
pursuant
to
chapter
252B
,
the
23
court
shall
set
the
amount
of
child
support
based
upon
the
24
most
current
child
support
guidelines
established
pursuant
25
to
section
598.21B
,
including
provisions
for
medical
support
26
pursuant
to
chapter
252E
.
The
child
Child
support
recovery
27
unit
services
shall,
in
submitting
an
application
for
28
modification,
adjustment,
or
alteration
of
an
order
for
29
support,
employ
additional
criteria
and
procedures
as
provided
30
in
chapter
252H
and
as
established
by
rule.
31
Sec.
1237.
Section
598.21C,
subsections
3,
5,
and
7,
Code
32
2023,
are
amended
to
read
as
follows:
33
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3.
Applicable
law.
Unless
otherwise
provided
pursuant
to
34
28
U.S.C.
§1738B,
a
modification
of
a
support
order
entered
35
under
chapter
234
,
252A
,
252C
,
600B
,
this
chapter
,
or
any
1
other
support
chapter
or
proceeding
between
parties
to
the
2
order
is
void
unless
the
modification
is
approved
by
the
3
court,
after
proper
notice
and
opportunity
to
be
heard
is
4
given
to
all
parties
to
the
order,
and
entered
as
an
order
5
of
the
court.
If
support
payments
have
been
assigned
to
the
6
department
of
health
and
human
services
pursuant
to
section
7
234.39
,
239B.6
,
or
252E.11
,
or
if
services
are
being
provided
8
pursuant
to
chapter
252B
,
the
department
is
a
party
to
the
9
support
order.
Modifications
of
orders
pertaining
to
child
10
custody
shall
be
made
pursuant
to
chapter
598B
.
If
the
petition
11
for
a
modification
of
an
order
pertaining
to
child
custody
asks
12
either
for
joint
custody
or
that
joint
custody
be
modified
to
13
an
award
of
sole
custody,
the
modification,
if
any,
shall
be
14
made
pursuant
to
section
598.41
.
15
5.
Retroactivity
of
modification.
Judgments
for
child
16
support
or
child
support
awards
entered
pursuant
to
this
17
chapter
,
chapter
234
,
252A
,
252C
,
252F
,
600B
,
or
any
other
18
chapter
of
the
Code
which
are
subject
to
a
modification
19
proceeding
may
be
retroactively
modified
only
from
three
20
months
after
the
date
the
notice
of
the
pending
petition
for
21
modification
is
served
on
the
opposing
party.
The
three-month
22
limitation
applies
to
a
modification
action
pending
on
or
after
23
July
1,
1997.
The
prohibition
of
retroactive
modification
does
24
not
bar
the
child
support
recovery
unit
services
from
obtaining
25
orders
for
accrued
support
for
previous
time
periods.
Any
26
retroactive
modification
which
increases
the
amount
of
child
27
support
or
any
order
for
accrued
support
under
this
subsection
28
shall
include
a
periodic
payment
plan.
A
retroactive
29
modification
shall
not
be
regarded
as
a
delinquency
unless
30
there
are
subsequent
failures
to
make
payments
in
accordance
31
with
the
periodic
payment
plan.
32
7.
Modification
by
child
support
recovery
unit
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services
.
Notwithstanding
any
other
provision
of
law
to
the
34
contrary,
when
an
application
for
modification
or
adjustment
35
of
support
is
submitted
by
the
child
support
recovery
unit
1
services
,
the
sole
issues
which
may
be
considered
by
the
2
court
in
that
action
are
the
application
of
the
guidelines
3
in
establishing
the
amount
of
support
pursuant
to
section
4
598.21B
,
and
provision
for
medical
support
under
chapter
5
252E
.
When
an
application
for
a
cost-of-living
alteration
6
of
support
is
submitted
by
the
child
support
recovery
unit
7
services
pursuant
to
section
252H.24
,
the
sole
issue
which
may
8
be
considered
by
the
court
in
the
action
is
the
application
of
9
the
cost-of-living
alteration
in
establishing
the
amount
of
10
child
support.
Issues
related
to
custody,
visitation,
or
other
11
provisions
unrelated
to
support
shall
be
considered
only
under
12
a
separate
application
for
modification.
13
Sec.
1238.
Section
598.21G,
Code
2023,
is
amended
to
read
14
as
follows:
15
598.21G
Minor
parent
——
parenting
classes.
16
In
any
order
or
judgment
entered
under
this
chapter
or
17
chapter
234
,
252A
,
252C
,
252F
,
or
600B
,
or
under
any
other
18
chapter
which
provides
for
temporary
or
permanent
support
19
payments,
if
the
parent
ordered
to
pay
support
is
less
than
20
eighteen
years
of
age,
one
of
the
following
shall
apply:
21
1.
If
the
child
support
recovery
unit
services
is
22
providing
services
pursuant
to
chapter
252B
,
the
court
,
or
23
the
administrator
as
defined
in
section
252C.1
,
department
of
24
health
and
human
services
shall
order
the
parent
ordered
to
pay
25
support
to
attend
parenting
classes
which
are
approved
by
the
26
department
of
health
and
human
services.
27
2.
If
the
child
support
recovery
unit
services
is
not
28
providing
services
pursuant
to
chapter
252B
,
the
court
may
29
order
the
parent
ordered
to
pay
support
to
attend
parenting
30
classes
which
are
approved
by
the
court.
31
Sec.
1239.
Section
598.22A,
subsection
4,
Code
2023,
is
32
amended
to
read
as
follows:
33
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4.
Payment
of
accrued
support
debt
due
the
department
of
34
health
and
human
services
shall
be
credited
pursuant
to
section
35
252B.3,
subsection
5
.
1
Sec.
1240.
Section
598.22B,
Code
2023,
is
amended
to
read
2
as
follows:
3
598.22B
Information
required
in
order
or
judgment.
4
This
section
applies
to
all
initial
or
modified
orders
5
for
paternity
or
support
entered
under
this
chapter
,
chapter
6
234
,
252A
,
252C
,
252F
,
252H
,
252K
,
or
600B
,
or
under
any
other
7
chapter,
and
any
subsequent
order
to
enforce
such
support
8
orders.
9
1.
All
such
orders
or
judgments
shall
direct
each
party
10
to
file
with
the
clerk
of
court
or
the
child
support
recovery
11
unit
services
,
as
appropriate,
upon
entry
of
the
order,
and
to
12
update
as
appropriate,
information
on
location
and
identity
of
13
the
party,
including
social
security
number,
residential
and
14
mailing
addresses,
electronic
mail
address,
telephone
number,
15
driver’s
license
number,
and
name,
address,
and
telephone
16
number
of
the
party’s
employer.
The
order
shall
also
include
a
17
provision
that
the
information
filed
will
be
disclosed
and
used
18
pursuant
to
this
section
.
The
party
shall
file
the
information
19
with
the
clerk
of
court,
or,
if
all
support
payments
are
to
20
be
directed
to
the
collection
services
center
as
provided
in
21
section
252B.14,
subsection
2
,
and
section
252B.16
,
with
the
22
child
support
recovery
unit
services
.
23
2.
All
such
orders
or
judgments
shall
include
a
statement
24
that
in
any
subsequent
child
support
action
initiated
by
the
25
child
support
recovery
unit
services
or
between
the
parties,
26
upon
sufficient
showing
that
diligent
effort
has
been
made
to
27
ascertain
the
location
of
such
a
party,
the
unit
child
support
28
services
or
the
court
shall
deem
due
process
requirements
for
29
notice
and
service
of
process
to
be
met
with
respect
to
the
30
party,
upon
delivery
of
written
notice
to
the
most
recent
31
residential
or
employer
address
filed
with
the
clerk
of
court
32
or
unit
child
support
services
pursuant
to
subsection
1
.
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3.
a.
Information
filed
pursuant
to
subsection
1
shall
not
34
be
a
public
record.
35
b.
Information
filed
with
the
clerk
of
court
pursuant
1
to
subsection
1
shall
be
available
to
the
child
support
2
recovery
unit
services
,
upon
request.
Beginning
October
1,
3
1998,
information
filed
with
the
clerk
of
court
pursuant
to
4
subsection
1
shall
be
provided
by
the
clerk
of
court
to
the
5
child
support
recovery
unit
services
pursuant
to
section
6
252B.24
.
7
c.
Information
filed
with
the
clerk
of
court
shall
be
8
available,
upon
request,
to
a
party
unless
the
party
filing
9
the
information
also
files
an
affidavit
alleging
the
party
has
10
reason
to
believe
that
release
of
the
information
may
result
in
11
physical
or
emotional
harm
to
the
affiant
or
child.
However,
12
even
if
an
affidavit
has
been
filed,
any
information
provided
13
by
the
clerk
of
court
to
the
child
support
recovery
unit
14
services
shall
be
disclosed
by
the
unit
child
support
services
15
as
provided
in
section
252B.9
.
16
d.
Information
provided
to
the
unit
child
support
services
17
shall
only
be
disclosed
as
provided
in
section
252B.9
.
18
Sec.
1241.
Section
598.23A,
subsection
2,
paragraph
b,
19
subparagraph
(2),
unnumbered
paragraph
1,
Code
2023,
is
amended
20
to
read
as
follows:
21
The
contemnor
shall
keep
a
record
of
and
provide
the
22
following
information
to
the
court
at
the
court’s
request,
or
23
to
the
child
support
recovery
unit
established
pursuant
to
24
chapter
252B
services
created
in
section
252B.2
,
at
the
unit’s
25
request
of
child
support
services
,
when
the
unit
child
support
26
services
is
providing
enforcement
services
pursuant
to
chapter
27
252B
:
28
Sec.
1242.
Section
598.23A,
subsection
2,
paragraph
c,
29
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
30
(3)
The
court
order
under
this
paragraph
shall
be
vacated
31
only
after
verification
is
provided
to
the
court
that
the
32
contemnor
has
satisfied
all
accrued
obligations
owing
and
that
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the
contemnor
has
satisfied
all
terms
established
by
the
court
34
and
when
the
person
entitled
to
receive
support
payments,
or
35
the
child
support
recovery
unit
services
when
the
unit
child
1
support
services
is
providing
enforcement
services
pursuant
2
to
chapter
252B
,
has
been
provided
ten
days’
notice
and
an
3
opportunity
to
object.
4
Sec.
1243.
Section
598.26,
subsection
1,
Code
2023,
is
5
amended
to
read
as
follows:
6
1.
Until
a
decree
of
dissolution
has
been
entered,
the
7
record
and
evidence
shall
be
closed
to
all
but
the
court,
8
its
officers,
and
the
child
support
recovery
unit
services
9
of
the
department
of
health
and
human
services
pursuant
to
10
section
252B.9
.
However,
the
payment
records
of
a
temporary
11
support
order
maintained
by
the
clerk
of
the
district
court
12
are
public
records
and
may
be
released
upon
request.
Payment
13
records
shall
not
include
address
or
location
information.
No
14
other
person
shall
permit
a
copy
of
any
of
the
testimony,
or
15
pleading,
or
the
substance
of
any
testimony
or
pleading,
to
be
16
made
available
to
any
person
other
than
a
party
to
the
action
17
or
a
party’s
attorney.
Nothing
in
this
subsection
shall
be
18
construed
to
prohibit
publication
of
the
original
notice
as
19
provided
by
the
rules
of
civil
procedure.
20
Sec.
1244.
Section
598.34,
subsection
1,
unnumbered
21
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
22
If
public
assistance
is
provided
by
the
department
of
23
health
and
human
services
to
or
on
behalf
of
a
dependent
child
24
or
a
dependent
child’s
caretaker,
there
is
an
assignment
by
25
operation
of
law
to
the
department
of
any
and
all
rights
in,
26
title
to,
and
interest
in
any
support
obligation,
payment,
and
27
arrearages
owed
to
or
for
the
child
or
caretaker
not
to
exceed
28
the
amount
of
public
assistance
paid
for
or
on
behalf
of
the
29
child
or
caretaker
as
follows:
30
Sec.
1245.
Section
598.34,
subsection
3,
Code
2023,
is
31
amended
to
read
as
follows:
32
3.
The
clerk
shall
furnish
the
department
with
copies
33
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of
all
orders
or
decrees
and
temporary
or
domestic
abuse
34
orders
addressing
support
when
the
parties
are
receiving
35
public
assistance
or
services
are
otherwise
provided
by
the
1
child
support
recovery
unit
services
pursuant
to
chapter
2
252B
.
Unless
otherwise
specified
in
the
order,
an
equal
and
3
proportionate
share
of
any
child
support
awarded
shall
be
4
presumed
to
be
payable
on
behalf
of
each
child
subject
to
the
5
order
or
judgment
for
purposes
of
an
assignment
under
this
6
section
.
7
Sec.
1246.
Section
600.2,
Code
2023,
is
amended
to
read
as
8
follows:
9
600.2
Definitions.
10
1.
“Child”
,
“parent”
,
“parent-child
relationship”
,
11
“termination
of
parental
rights”
,
“biological
parent”
,
12
“stepparent”
,
“guardian”
,
“custodian”
,
“guardian
ad
litem”
,
13
“minor”
,
“adoption
service
provider”
,
“certified
adoption
14
investigator”
,
“adult”
,
“agency”
,
“department”
,
“court”
,
and
15
“juvenile
court”
“Adoption
service
provider”
,
“adult”
,
“agency”
,
16
“biological
parent”
,
“certified
adoption
investigator”
,
“child”
,
17
“court”
,
“custodian”
,
“department”
,
“guardian”
,
“guardian
ad
18
litem”
,
“juvenile
court”
,
“minor”
,
“parent”
,
“parent-child
19
relationship”
,
“stepparent”
,
and
“termination
of
parental
rights”
20
mean
the
same
as
defined
in
section
600A.2
.
21
2.
“Investigator”
means
a
natural
person
who
is
certified
or
22
approved
by
the
department
of
human
services
,
after
inspection
23
by
the
department
of
inspections
and
appeals,
as
being
capable
24
of
conducting
an
investigation
under
section
600.8
.
25
Sec.
1247.
Section
600.7A,
Code
2023,
is
amended
to
read
as
26
follows:
27
600.7A
Adoption
services
provided
by
or
through
the
28
department
of
human
services
——
selection
of
adoptive
parent
29
criteria.
30
The
department
of
human
services
shall
adopt
rules
which
31
provide
that
if
adoption
services
are
provided
by
or
through
32
the
department,
notwithstanding
any
other
selection
of
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adoptive
parent
criteria,
the
overriding
criterion
shall
be
a
34
preference
for
placing
a
child
in
a
stable
home
environment
as
35
expeditiously
as
possible.
1
Sec.
1248.
Section
600.8,
subsection
2,
paragraph
c,
Code
2
2023,
is
amended
to
read
as
follows:
3
c.
If
the
person
making
the
investigation
does
not
approve
4
a
prospective
adoption
petitioner
under
paragraph
“a”
of
this
5
subsection
,
the
person
investigated
may
appeal
the
disapproval
6
as
a
contested
case
to
the
director
of
health
and
human
7
services.
Judicial
review
of
any
adverse
decision
by
the
8
director
may
be
sought
pursuant
to
chapter
17A
.
9
Sec.
1249.
Section
600.16A,
subsection
5,
Code
2023,
is
10
amended
to
read
as
follows:
11
5.
Notwithstanding
subsection
2
,
a
termination
of
parental
12
rights
order
issued
pursuant
to
this
chapter
,
section
600A.9
,
13
or
any
other
chapter
shall
be
disclosed
to
the
child
support
14
recovery
unit
services
,
upon
request,
without
court
order.
15
Sec.
1250.
Section
600.16B,
Code
2023,
is
amended
to
read
16
as
follows:
17
600.16B
Fees.
18
The
supreme
court
shall
prescribe
and
the
department
of
19
human
services
shall
adopt
rules,
to
defray
the
actual
cost
of
20
the
provision
of
information
or
the
opening
of
records
pursuant
21
to
section
600.16
or
600.16A
.
22
Sec.
1251.
Section
600.17,
unnumbered
paragraph
1,
Code
23
2023,
is
amended
to
read
as
follows:
24
The
department
of
human
services
shall,
within
the
limits
of
25
funds
appropriated
to
the
department
of
human
services
and
any
26
gifts
or
grants
received
by
the
department
for
this
purpose,
27
provide
financial
assistance
to
any
person
who
adopts
a
child
28
with
physical
or
mental
disabilities
or
an
older
or
otherwise
29
hard-to-place
child,
if
the
adoptive
parent
has
the
capability
30
of
providing
a
suitable
home
for
the
child
but
the
need
for
31
special
services
or
the
costs
of
maintenance
are
beyond
the
32
economic
resources
of
the
adoptive
parent.
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Sec.
1252.
Section
600.17,
subsection
3,
Code
2023,
is
34
amended
to
read
as
follows:
35
3.
The
department
of
human
services
shall
make
adoption
1
presubsidy
and
adoption
subsidy
payments
to
adoptive
parents
at
2
the
beginning
of
the
month
for
the
current
month.
3
Sec.
1253.
Section
600.18,
Code
2023,
is
amended
to
read
as
4
follows:
5
600.18
Determination
of
assistance.
6
1.
Any
prospective
adoptive
parent
desiring
financial
7
assistance
shall
state
this
fact
in
the
petition
for
adoption.
8
The
department
of
human
services
shall
investigate
the
person
9
petitioning
for
adoption
and
the
child
and
shall
file
with
the
10
juvenile
court
or
court
a
statement
of
whether
the
department
11
will
provide
assistance
as
provided
in
section
600.17
,
this
12
section
,
and
sections
600.19
through
600.22
,
the
estimated
13
amount,
extent,
and
duration
of
assistance,
and
any
other
14
information
the
juvenile
court
or
court
may
order.
15
2.
If
the
department
of
human
services
is
unable
to
16
determine
that
an
insurance
policy
will
cover
the
costs
of
17
special
services,
it
shall
proceed
as
if
no
policy
existed,
for
18
the
purpose
of
determining
eligibility
to
receive
assistance.
19
The
department
shall,
to
the
amount
of
financial
assistance
20
given,
be
subrogated
to
the
rights
of
the
adoptive
parent
in
21
the
insurance
contract.
22
Sec.
1254.
Section
600.22,
Code
2023,
is
amended
to
read
as
23
follows:
24
600.22
Rules.
25
The
department
of
human
services
shall
adopt
rules
in
26
accordance
with
the
provisions
of
chapter
17A
,
which
are
27
necessary
for
the
administration
of
sections
600.17
through
28
600.21
and
600.23
.
29
Sec.
1255.
Section
600.23,
subsection
1,
Code
2023,
is
30
amended
to
read
as
follows:
31
1.
Purpose.
The
department
of
human
services
may
enter
32
into
interstate
agreements
with
state
agencies
of
other
states
33
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for
the
protection
of
children
on
behalf
of
whom
adoption
34
subsidy
is
being
provided
by
the
department
of
human
services
35
and
to
provide
procedures
for
interstate
children’s
adoption
1
assistance
payments,
including
medical
payments.
2
Sec.
1256.
Section
600.23,
subsection
2,
paragraphs
a
and
b,
3
Code
2023,
are
amended
to
read
as
follows:
4
a.
The
Iowa
department
of
human
services
may
enter
into
5
interstate
agreements
with
state
agencies
of
other
states
for
6
the
provision
of
medical
services
to
adoptive
families
who
7
participate
in
the
subsidized
adoption
or
adoption
assistance
8
program.
9
b.
The
Iowa
department
of
human
services
may
develop,
10
participate
in
the
development
of,
negotiate,
and
enter
into
11
one
or
more
interstate
compacts
on
behalf
of
this
state
with
12
other
states
to
implement
one
or
more
of
the
purposes
set
forth
13
in
this
section
.
When
so
entered
into,
and
for
so
long
as
it
14
shall
remain
in
force,
such
a
compact
shall
have
the
force
and
15
effect
of
law.
16
Sec.
1257.
Section
600.23,
subsection
4,
paragraphs
a,
b,
17
and
c,
Code
2023,
are
amended
to
read
as
follows:
18
a.
A
child
with
special
needs
residing
in
this
state
who
is
19
the
subject
of
an
adoption
assistance
agreement
with
another
20
state
shall
be
entitled
to
receive
a
medical
assistance
card
21
from
this
state
upon
the
filing
of
a
certified
copy
of
the
22
adoption
assistance
agreement
obtained
from
the
adoption
23
assistance
state.
In
accordance
with
regulations
of
the
Iowa
24
department
of
human
services
,
the
adoptive
parents
shall
be
25
required
at
least
annually
to
show
that
the
agreement
is
still
26
in
force
or
has
been
renewed.
27
b.
The
Iowa
department
of
human
services
shall
consider
the
28
holder
of
a
medical
assistance
card
pursuant
to
this
section
as
29
any
other
holder
of
a
medical
assistance
card
under
the
laws
30
of
this
state
and
shall
process
and
make
payment
on
claims
31
on
account
of
such
holder
in
the
same
manner
and
pursuant
to
32
the
same
conditions
and
procedures
as
for
other
recipients
of
33
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medical
assistance.
34
c.
The
Iowa
department
of
human
services
shall
provide
35
coverage
and
benefits
for
a
child
who
is
in
another
state
and
1
who
is
covered
by
an
adoption
subsidy
agreement
made
prior
2
to
July
1,
1987
,
by
the
Iowa
department
of
human
services
3
for
the
coverage
or
benefits,
if
any,
not
provided
by
the
4
residence
state.
The
adoptive
parents
acting
for
the
child
may
5
submit
evidence
of
payment
for
services
or
benefit
amounts
not
6
payable
in
the
residence
state
and
shall
be
reimbursed
for
such
7
expense.
However,
reimbursement
shall
not
be
made
for
services
8
or
benefit
amounts
covered
under
any
insurance
or
other
third
9
party
medical
contract
or
arrangement
held
by
the
child
or
the
10
adoptive
parents.
The
additional
coverages
and
benefit
amounts
11
provided
pursuant
to
this
subsection
shall
be
for
services
to
12
the
cost
of
which
there
is
no
federal
contribution,
or
which,
13
if
federally
aided,
are
not
provided
by
the
residence
state.
14
Such
regulations
shall
include
procedures
to
be
followed
in
15
obtaining
prior
approvals
for
services
in
those
instances
where
16
required
for
the
assistance.
17
Sec.
1258.
Section
600A.2,
subsections
5
and
9,
Code
2023,
18
are
amended
to
read
as
follows:
19
5.
“Certified
adoption
investigator”
means
a
person
who
is
20
certified
and
approved
by
the
department
of
human
services
,
21
after
inspection
by
the
department
of
inspections
and
appeals,
22
as
being
capable
of
conducting
an
investigation
under
section
23
600.8
.
24
9.
“Department”
means
the
state
department
of
health
and
25
human
services
or
its
subdivisions
.
26
Sec.
1259.
Section
600A.4,
subsection
2,
paragraph
d,
27
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
28
(2)
If
accepted,
the
counseling
shall
be
provided
after
29
the
birth
of
the
child
and
prior
to
the
signing
of
a
release
30
of
custody
or
the
filing
of
a
petition
for
termination
of
31
parental
rights
as
applicable.
Counseling
shall
be
provided
32
only
by
a
person
who
is
qualified
under
rules
adopted
by
the
33
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department
of
human
services
which
shall
include
a
requirement
34
that
the
person
complete
a
minimum
number
of
hours
of
training
35
in
the
area
of
adoption-related
counseling
approved
by
the
1
department.
If
counseling
is
accepted,
the
counselor
shall
2
provide
an
affidavit,
which
shall
be
attached
to
the
release
of
3
custody,
when
practicable,
certifying
that
the
counselor
has
4
provided
the
biological
parent
with
the
requested
counseling
5
and
documentation
that
the
person
is
qualified
to
provide
the
6
requested
counseling
as
prescribed
by
this
paragraph
“d”
.
The
7
requirements
of
this
paragraph
“d”
do
not
apply
to
a
release
8
of
custody
which
is
executed
for
the
purposes
of
a
stepparent
9
adoption.
10
Sec.
1260.
Section
600A.8,
subsection
8,
paragraph
a,
Code
11
2023,
is
amended
to
read
as
follows:
12
a.
The
parent
has
been
determined
to
be
a
person
with
a
13
substance-related
substance
use
disorder
as
defined
in
section
14
125.2
and
the
parent
has
committed
a
second
or
subsequent
15
domestic
abuse
assault
pursuant
to
section
708.2A
.
16
Sec.
1261.
Section
600B.38,
subsections
1
and
3,
Code
2023,
17
are
amended
to
read
as
follows:
18
1.
If
public
assistance
is
provided
by
the
department
of
19
health
and
human
services
to
or
on
behalf
of
a
dependent
child
20
or
a
dependent
child’s
caretaker,
there
is
an
assignment
by
21
operation
of
law
to
the
department
of
any
and
all
rights
in,
22
title
to,
and
interest
in
any
support
obligation,
payment,
and
23
arrearages
owed
to
or
on
behalf
of
the
child
or
caretaker,
not
24
to
exceed
the
amount
of
public
assistance
paid
for
or
on
behalf
25
of
the
child
or
caretaker
as
follows:
26
a.
For
family
investment
program
assistance,
section
239B.6
27
shall
apply.
28
b.
For
foster
care
services,
section
234.39
shall
apply.
29
c.
For
medical
assistance,
section
252E.11
shall
apply.
30
3.
The
clerk
shall
furnish
the
department
with
copies
of
31
all
orders
or
decrees
and
temporary
or
domestic
abuse
orders
32
addressing
support
when
the
parties
are
receiving
public
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assistance
or
services
are
otherwise
provided
by
the
child
34
support
recovery
unit
services
.
Unless
otherwise
specified
35
in
the
order,
an
equal
and
proportionate
share
of
any
child
1
support
awarded
shall
be
presumed
to
be
payable
on
behalf
of
2
each
child
subject
to
the
order
or
judgment
for
purposes
of
an
3
assignment
under
this
section
.
4
Sec.
1262.
Section
600B.41A,
subsection
3,
paragraph
c,
5
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
6
(1)
If
enforcement
services
are
being
provided
by
the
7
child
support
recovery
unit
services
pursuant
to
chapter
252B
,
8
notice
shall
also
be
served
on
the
child
support
recovery
unit
9
services
.
10
Sec.
1263.
Section
600B.41A,
subsection
11,
Code
2023,
is
11
amended
to
read
as
follows:
12
11.
Participation
of
the
child
support
recovery
unit
13
services
created
in
section
252B.2
in
an
action
brought
under
14
this
section
shall
be
limited
as
follows:
15
a.
The
unit
Child
support
services
shall
only
participate
16
in
actions
if
services
are
being
provided
by
the
unit
child
17
support
services
pursuant
to
chapter
252B
.
18
b.
When
services
are
being
provided
by
the
unit
child
19
support
services
under
chapter
252B
,
the
unit
child
support
20
services
may
enter
an
administrative
order
for
blood
and
21
genetic
tests
pursuant
to
chapter
252F
.
22
c.
The
unit
Child
support
services
is
not
responsible
for
or
23
required
to
provide
for
or
assist
in
obtaining
blood
or
genetic
24
tests
in
any
case
in
which
services
are
not
being
provided
by
25
the
unit
child
support
services
.
26
d.
The
unit
Child
support
services
is
not
responsible
for
27
the
costs
of
blood
or
genetic
testing
conducted
pursuant
to
an
28
action
brought
under
this
section
.
29
e.
Pursuant
to
section
252B.7,
subsection
4
,
an
attorney
30
employed
by
the
unit
child
support
services
represents
the
31
state
in
any
action
under
this
section
.
The
unit’s
Child
32
support
services’
attorney
is
not
the
legal
representative
of
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the
mother,
the
established
father,
or
the
child
in
any
action
34
brought
under
this
section
.
35
Sec.
1264.
Section
600C.1,
subsection
3,
paragraph
c,
1
subparagraph
(2),
subparagraph
division
(f),
Code
2023,
is
2
amended
to
read
as
follows:
3
(f)
Drug
abuse
Substance
use
disorder
.
4
Sec.
1265.
Section
602.4201,
subsection
3,
paragraph
h,
5
Code
2023,
is
amended
to
read
as
follows:
6
h.
Involuntary
commitment
or
treatment
of
persons
with
7
substance-related
disorders
a
substance
use
disorder
.
8
Sec.
1266.
Section
602.6111,
subsection
2,
Code
2023,
is
9
amended
to
read
as
follows:
10
2.
Any
party,
except
the
child
support
recovery
unit
11
services
,
filing
a
petition,
complaint,
answer,
appearance,
12
first
motion,
or
any
document
with
the
clerk
of
the
district
13
court
to
establish
or
modify
an
order
for
child
support
14
under
chapter
236
,
252A
,
252K
,
598
,
or
600B
shall
provide
the
15
clerk
of
the
district
court
with
the
date
of
birth
and
social
16
security
number
of
the
child.
17
Sec.
1267.
Section
602.6405,
subsection
2,
paragraph
b,
18
Code
2023,
is
amended
to
read
as
follows:
19
b.
Magistrates
shall
forward
copies
of
citations
issued
20
for
violations
of
section
453A.2,
subsection
2
,
and
of
their
21
dispositions
to
the
clerk
of
the
district
court.
The
clerk
of
22
the
district
court
shall
maintain
records
of
citations
issued
23
and
the
dispositions
of
citations,
and
shall
forward
a
copy
of
24
the
records
to
the
Iowa
department
of
public
health
and
human
25
services
.
26
Sec.
1268.
Section
602.8102,
subsections
33,
43,
and
47,
27
Code
2023,
are
amended
to
read
as
follows:
28
33.
Furnish
to
the
Iowa
department
of
public
health
and
29
human
services
a
certified
copy
of
a
judgment
relating
to
the
30
suspension
or
revocation
of
a
professional
license.
31
43.
Submit
to
the
director
of
the
division
of
child
and
32
family
services
of
the
department
of
health
and
human
services
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a
duplicate
of
the
findings
of
the
court
related
to
adoptions
34
as
provided
in
section
235.3,
subsection
7
.
35
47.
Record
support
payments
made
pursuant
to
an
order
1
entered
under
chapter
252A
,
252F
,
598
,
or
600B
,
or
under
a
2
comparable
statute
of
another
state
or
foreign
country
as
3
defined
in
chapter
252K
,
and
through
setoff
of
a
state
or
4
federal
income
tax
refund
or
rebate,
as
if
the
payments
were
5
received
and
disbursed
by
the
clerk;
forward
support
payments
6
received
under
section
252A.6
to
the
department
of
health
7
and
human
services
and
furnish
copies
of
orders
and
decrees
8
awarding
support
to
parties
receiving
welfare
public
assistance
9
as
provided
in
section
252A.13
.
10
Sec.
1269.
Section
602.8103,
subsection
4,
paragraph
j,
11
Code
2023,
is
amended
to
read
as
follows:
12
j.
Court
reporters’
notes
and
certified
transcripts
of
13
those
notes
in
mental
health
hearings
under
section
229.12
and
14
substance
abuse
use
disorder
hearings
under
section
125.82
,
15
ninety
days
after
the
respondent
has
been
discharged
from
16
involuntary
custody.
17
Sec.
1270.
Section
602.8108,
subsection
3,
Code
2023,
is
18
amended
to
read
as
follows:
19
3.
The
clerk
of
the
district
court
shall
remit
to
the
20
state
court
administrator,
not
later
than
the
fifteenth
day
of
21
each
month,
all
moneys
collected
from
the
surcharge
provided
22
in
section
911.1
during
the
preceding
calendar
month.
The
23
state
court
administrator
shall
allocate
and
deposit
each
24
month
forty-six
percent
in
the
juvenile
detention
home
fund
in
25
section
232.142
,
thirty-two
percent
in
the
victim
compensation
26
fund
established
in
section
915.94
,
twenty
percent
in
the
27
criminalistics
laboratory
fund
established
in
section
691.9
,
28
and
two
percent
in
the
drug
abuse
resistance
substance
use
29
disorder
education
fund
established
in
section
80E.4
.
30
Sec.
1271.
Section
613.17,
subsection
2,
paragraph
b,
Code
31
2023,
is
amended
to
read
as
follows:
32
b.
A
person
or
entity
that
owns,
manages,
or
is
otherwise
33
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responsible
for
the
premises
on
which
an
automated
external
34
defibrillator
is
located
if
the
person
or
entity
maintains
the
35
automated
external
defibrillator
in
a
condition
for
immediate
1
and
effective
use
at
all
times,
subject
to
standards
developed
2
by
the
department
of
public
health
and
human
services
by
rule.
3
Sec.
1272.
Section
622.10,
subsection
6,
paragraph
a,
Code
4
2023,
is
amended
to
read
as
follows:
5
a.
The
fee
charged
for
the
cost
of
producing
the
requested
6
records
or
images
shall
be
based
upon
the
actual
cost
7
of
production.
If
the
written
request
and
accompanying
8
patient’s
waiver,
if
required,
authorizes
the
release
of
9
all
of
the
patient’s
records
for
the
requested
time
period,
10
including
records
relating
to
the
patient’s
mental
health,
11
substance
abuse
use
disorder
,
and
acquired
immune
deficiency
12
syndrome-related
conditions,
the
amount
charged
shall
not
13
exceed
the
rates
established
by
the
workers’
compensation
14
commissioner
for
copies
of
records
in
workers’
compensation
15
cases.
If
requested,
the
provider
shall
include
an
affidavit
16
certifying
that
the
records
or
images
produced
are
true
and
17
accurate
copies
of
the
originals
for
an
additional
fee
not
to
18
exceed
ten
dollars.
19
Sec.
1273.
Section
622A.7,
Code
2023,
is
amended
to
read
as
20
follows:
21
622A.7
Rules.
22
The
supreme
court,
after
consultation
with
the
department
23
of
health
and
human
rights
services
and
other
appropriate
24
departments,
shall
adopt
rules
governing
the
qualifications
and
25
compensation
of
interpreters
or
translators
appearing
in
legal
26
proceedings
under
this
chapter
.
However,
an
administrative
27
agency
which
is
subject
to
chapter
17A
may
adopt
rules
28
differing
from
those
of
the
supreme
court
governing
the
29
qualifications
and
compensation
of
interpreters
or
translators
30
appearing
in
proceedings
before
that
agency.
31
Sec.
1274.
Section
622B.1,
subsection
2,
Code
2023,
is
32
amended
to
read
as
follows:
33
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2.
The
supreme
court,
after
consultation
with
the
34
department
of
health
and
human
rights
services
,
shall
adopt
35
rules
governing
the
qualifications
and
compensation
of
sign
1
language
interpreters
appearing
in
a
legal
proceeding
or
before
2
an
administrative
agency
under
this
chapter
.
However,
an
3
administrative
agency
which
is
subject
to
chapter
17A
may
adopt
4
rules
differing
from
those
of
the
supreme
court
governing
the
5
qualifications
and
compensation
of
sign
language
interpreters
6
appearing
in
proceedings
before
that
agency.
7
Sec.
1275.
Section
622B.4,
Code
2023,
is
amended
to
read
as
8
follows:
9
622B.4
List.
10
The
office
of
deaf
services
of
the
department
of
health
11
and
human
rights
services
shall
prepare
and
continually
12
update
a
listing
of
qualified
and
available
sign
language
13
interpreters.
The
courts
and
administrative
agencies
shall
14
maintain
a
directory
of
qualified
interpreters
for
deaf
and
15
hard-of-hearing
persons
as
furnished
by
the
department
of
16
health
and
human
rights
services
.
The
office
of
deaf
services
17
of
the
department
of
health
and
human
services
shall
maintain
18
a
list
of
sign
language
interpreters
which
shall
be
made
19
available
to
a
court,
administrative
agency,
or
interested
20
parties
to
an
action
using
the
services
of
a
sign
language
21
interpreter.
22
Sec.
1276.
Section
626.29,
Code
2023,
is
amended
to
read
as
23
follows:
24
626.29
Distress
warrant
by
director
of
revenue,
director
of
25
inspections
and
appeals,
or
director
of
workforce
development.
26
In
the
service
of
a
distress
warrant
issued
by
the
director
27
of
revenue
for
the
collection
of
taxes
administered
by
or
debts
28
to
be
collected
by
the
department
of
revenue,
in
the
service
of
29
a
distress
warrant
issued
by
the
director
of
inspections
and
30
appeals
for
the
collection
of
overpayment
debts
owed
to
the
31
department
of
health
and
human
services,
or
in
the
service
of
a
32
distress
warrant
issued
by
the
director
of
the
department
of
33
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workforce
development
for
the
collection
of
employment
security
34
contributions,
the
property
of
the
taxpayer
or
the
employer
in
35
the
possession
of
another,
or
debts
due
the
taxpayer
or
the
1
employer,
may
be
reached
by
garnishment.
2
Sec.
1277.
Section
633.231,
Code
2023,
is
amended
to
read
3
as
follows:
4
633.231
Notice
in
intestate
estates
——
medical
assistance
5
claims.
6
1.
Upon
opening
administration
of
an
intestate
estate,
7
the
administrator
shall,
in
accordance
with
section
633.410
,
8
provide
by
electronic
transmission
on
a
form
approved
by
9
the
department
of
health
and
human
services
to
the
entity
10
designated
by
the
department
of
health
and
human
services,
11
a
notice
of
opening
administration
of
the
estate
and
of
12
the
appointment
of
the
administrator,
which
shall
include
a
13
notice
to
file
claims
with
the
clerk
or
to
provide
electronic
14
notification
to
the
administrator
that
the
department
has
no
15
claim
within
six
months
from
the
date
of
sending
this
notice,
16
or
thereafter
be
forever
barred.
17
2.
The
notice
shall
be
in
substantially
the
following
form:
18
In
the
District
Court
of
Iowa
19
in
and
for
.....
County.
20
In
the
Estate
of
Probate
No.
....
21
.....
,
Deceased
22
NOTICE
OF
OPENING
23
ADMINISTRATION
OF
24
ESTATE,
OF
APPOINTMENT
OF
25
ADMINISTRATOR,
AND
26
NOTICE
TO
CREDITOR
27
To
the
Department
of
Health
and
Human
Services
Who
May
Be
28
Interested
in
the
Estate
of
.....
,
Deceased,
who
died
on
or
29
about
......
(date):
30
You
are
hereby
notified
that
on
the
..
day
of
...
(month),
31
...
(year),
an
intestate
estate
was
opened
in
the
above-named
32
court
and
that
.....
was
appointed
administrator
of
the
33
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estate.
34
You
are
further
notified
that
the
birthdate
of
the
35
deceased
is
...
and
the
deceased’s
social
security
number
1
is
...-...-....
The
name
of
the
spouse
is
........
.
The
2
birthdate
of
the
spouse
is
...
and
the
spouse’s
social
3
security
number
is
...-...-....,
and
that
the
spouse
of
the
4
deceased
is
alive
as
of
the
date
of
this
notice,
or
deceased
as
5
of
......
(date).
6
You
are
further
notified
that
the
deceased
was/was
not
a
7
disabled
or
a
blind
child
of
the
medical
assistance
recipient
8
by
the
name
of
.....
,
who
had
a
birthdate
of
...
and
a
social
9
security
number
of
...-...-....,
and
the
medical
assistance
10
debt
of
that
medical
assistance
recipient
was
waived
pursuant
11
to
section
249A.53,
subsection
2
,
paragraph
“a”
,
subparagraph
12
(1),
and
is
now
collectible
from
this
estate
pursuant
to
13
section
249A.53,
subsection
2
,
paragraph
“b”
.
14
Notice
is
hereby
given
that
if
the
department
of
health
15
and
human
services
has
a
claim
against
the
estate
for
the
16
deceased
person
or
persons
named
in
this
notice,
the
claim
17
shall
be
filed
with
the
clerk
of
the
above-named
district
18
court,
as
provided
by
law,
duly
authenticated,
for
allowance,
19
within
six
months
from
the
date
of
sending
this
notice
and,
20
unless
otherwise
allowed
or
paid,
the
claim
is
thereafter
21
forever
barred.
If
the
department
does
not
have
a
claim,
the
22
department
shall
return
the
notice
to
the
administrator
with
23
notification
stating
the
department
does
not
have
a
claim
24
within
six
months
from
the
date
of
sending
this
notice.
25
Dated
this
..
day
of
...
(month),
...
(year)
26
....................
27
Administrator
of
the
estate
28
....................
29
Address
30
....................
31
Attorney
for
the
administrator
32
....................
33
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Address
34
Sec.
1278.
Section
633.304A,
Code
2023,
is
amended
to
read
35
as
follows:
1
633.304A
Notice
of
probate
of
will
——
medical
assistance
2
claims.
3
1.
On
admission
of
a
will
to
probate,
the
executor
shall,
4
in
accordance
with
section
633.410
,
provide
by
electronic
5
transmission
on
a
form
approved
by
the
department
of
health
and
6
human
services
to
the
entity
designated
by
the
department
of
7
health
and
human
services,
a
notice
of
admission
of
the
will
8
to
probate
and
of
the
appointment
of
the
executor,
which
shall
9
include
a
notice
to
file
claims
with
the
clerk
or
to
provide
10
electronic
notification
to
the
executor
that
the
department
11
has
no
claim
within
six
months
of
sending
this
notice,
or
12
thereafter
be
forever
barred.
13
2.
The
notice
shall
be
in
substantially
the
following
form:
14
In
the
District
Court
of
Iowa
15
in
and
for
.....
County.
16
Probate
No.
....
17
In
the
Estate
of
NOTICE
OF
PROBATE
OF
WILL,
18
.....
,
Deceased
OF
APPOINTMENT
OF
19
EXECUTOR,
AND
20
NOTICE
TO
CREDITORS
21
To
the
Department
of
Health
and
Human
Services,
Who
May
Be
22
Interested
in
the
Estate
of
.....
,
Deceased,
who
died
on
or
23
about
......
(date):
24
You
are
hereby
notified
that
on
the
..
day
of
...
(month),
25
...
(year),
the
last
will
and
testament
of
......
,
deceased,
26
bearing
date
of
the
..
day
of
...
(month),
...
(year)
was
27
admitted
to
probate
in
the
above-named
court
and
that
......
28
was
appointed
executor
of
the
estate.
29
You
are
further
notified
that
the
birthdate
of
the
30
deceased
is
...
and
the
deceased’s
social
security
number
is
31
...-...-....
The
name
of
the
spouse
is
......
The
birthdate
32
of
the
spouse
is
...
and
the
spouse’s
social
security
number
33
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is
...-...-....,
and
that
the
spouse
of
the
deceased
is
alive
34
as
of
the
date
of
this
notice,
or
deceased
as
of
.....
(date).
35
You
are
further
notified
that
the
deceased
was/was
not
a
1
disabled
or
a
blind
child
of
the
medical
assistance
recipient
2
by
the
name
of
......
,
who
had
a
birthdate
of
....
and
a
social
3
security
number
of
...-...-....,
and
the
medical
assistance
4
debt
of
that
medical
assistance
recipient
was
waived
pursuant
5
to
section
249A.53,
subsection
2
,
paragraph
“a”
,
subparagraph
6
(1),
and
is
now
collectible
from
this
estate
pursuant
to
7
section
249A.53,
subsection
2
,
paragraph
“b”
.
8
Notice
is
hereby
given
that
if
the
department
of
health
9
and
human
services
has
a
claim
against
the
estate
for
the
10
deceased
person
or
persons
named
in
this
notice,
the
claim
11
shall
be
filed
with
the
clerk
of
the
above-named
district
12
court,
as
provided
by
law,
duly
authenticated,
for
allowance
13
within
six
months
from
the
date
of
sending
this
notice
and,
14
unless
otherwise
allowed
or
paid,
the
claim
is
thereafter
15
forever
barred.
If
the
department
does
not
have
a
claim,
16
the
department
shall
return
the
notice
to
the
executor
with
17
notification
that
the
department
does
not
have
a
claim
within
18
six
months
from
the
date
of
sending
this
notice.
19
Dated
this
..
day
of
...
(month),
...
(year)
20
......
21
Executor
of
estate
22
........
23
Address
24
......
25
Attorney
for
executor
26
........
27
Address
28
Sec.
1279.
Section
633.336,
Code
2023,
is
amended
to
read
29
as
follows:
30
633.336
Damages
for
wrongful
death.
31
When
a
wrongful
act
produces
death,
damages
recovered
as
a
32
result
of
the
wrongful
act
shall
be
disposed
of
as
personal
33
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property
belonging
to
the
estate
of
the
deceased;
however,
if
34
the
damages
include
damages
for
loss
of
services
and
support
35
of
a
deceased
spouse,
parent,
or
child,
the
damages
shall
be
1
apportioned
by
the
court
among
the
surviving
spouse,
children,
2
and
parents
of
the
decedent
in
a
manner
as
the
court
may
deem
3
equitable
consistent
with
the
loss
of
services
and
support
4
sustained
by
the
surviving
spouse,
children,
and
parents
5
respectively.
Any
recovery
by
a
parent
for
the
death
of
a
6
child
shall
be
subordinate
to
the
recovery,
if
any,
of
the
7
spouse
or
a
child
of
the
decedent.
If
the
decedent
leaves
8
a
spouse,
child,
or
parent,
damages
for
wrongful
death
shall
9
not
be
subject
to
debts
and
charges
of
the
decedent’s
estate,
10
except
for
amounts
to
be
paid
to
the
department
of
health
11
and
human
services
for
payments
made
for
medical
assistance
12
pursuant
to
chapter
249A
,
paid
on
behalf
of
the
decedent
from
13
the
time
of
the
injury
which
gives
rise
to
the
decedent’s
death
14
up
until
the
date
of
the
decedent’s
death.
15
Sec.
1280.
Section
633.356,
subsection
3,
paragraph
a,
16
subparagraph
(9),
Code
2023,
is
amended
to
read
as
follows:
17
(9)
That
no
debt
is
owed
to
the
department
of
health
and
18
human
services
for
reimbursement
of
Medicaid
benefits;
or
if
19
debt
is
owed,
that
the
debt
will
be
paid
to
the
extent
of
funds
20
received
pursuant
to
the
affidavit.
21
Sec.
1281.
Section
633.356,
subsection
8,
paragraph
b,
Code
22
2023,
is
amended
to
read
as
follows:
23
b.
When
the
department
of
health
and
human
services
is
24
entitled
to
money
or
property
of
a
decedent
pursuant
to
section
25
249A.53,
subsection
2
,
and
no
affidavit
has
been
presented
by
26
a
successor
as
defined
in
subsection
2
,
paragraph
“a”
or
“b”
,
27
within
ninety
days
of
the
date
of
the
decedent’s
death,
the
28
funds
in
the
account
or
other
property,
up
to
the
amount
of
29
the
claim
of
the
department,
shall
be
paid
to
the
department
30
upon
presentation
by
the
department
or
an
entity
designated
by
31
the
department
of
an
affidavit
to
the
holder
of
the
decedent’s
32
property.
Such
affidavit
shall
include
the
information
33
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specified
in
subsection
3
,
except
that
the
department
may
34
submit
proof
of
payment
of
funeral
expenses
as
verification
35
of
the
decedent’s
death
instead
of
a
certified
copy
of
the
1
decedent’s
death
certificate.
The
amount
of
the
department’s
2
claim
shall
also
be
included
in
the
affidavit,
which
shall
3
entitle
the
department
to
receive
the
funds
as
a
successor.
4
The
department
shall
issue
a
refund
within
sixty
days
to
any
5
claimant
with
a
superior
priority
pursuant
to
section
633.425
,
6
if
notice
of
such
claim
is
given
to
the
department,
or
to
the
7
entity
designated
by
the
department
to
receive
notice,
within
8
one
year
of
the
department’s
receipt
of
funds.
This
paragraph
9
shall
apply
to
funds
or
property
of
the
decedent
transferred
10
to
the
custody
of
the
treasurer
of
state
as
unclaimed
property
11
pursuant
to
chapter
556
.
12
Sec.
1282.
Section
633.410,
subsection
2,
Code
2023,
is
13
amended
to
read
as
follows:
14
2.
Notwithstanding
subsection
1
,
claims
for
debts
created
15
under
section
249A.53,
subsection
2
,
relating
to
the
recovery
16
of
medical
assistance
payments
shall
be
barred
under
this
17
section
unless
filed
with
the
clerk
within
six
months
after
18
sending
notice
by
electronic
transmission,
on
the
form
19
prescribed
in
section
633.231
for
intestate
estates
or
on
the
20
form
prescribed
in
section
633.304A
for
testate
estates,
to
21
the
entity
designated
by
the
department
of
health
and
human
22
services
to
receive
notice.
23
Sec.
1283.
Section
633.564,
subsection
3,
Code
2023,
is
24
amended
to
read
as
follows:
25
3.
The
judicial
branch,
in
conjunction
with
the
department
26
of
public
safety,
the
department
of
health
and
human
services,
27
and
the
state
chief
information
officer,
shall
establish
28
procedures
for
electronic
access
to
the
single
contact
29
repository
established
pursuant
to
section
135C.33
necessary
to
30
conduct
background
checks
requested
under
subsection
1
.
31
Sec.
1284.
Section
633.641,
subsection
4,
Code
2023,
is
32
amended
to
read
as
follows:
33
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4.
The
conservator
shall
report
to
the
department
of
health
34
and
human
services
the
protected
person’s
assets
and
income,
35
if
the
protected
person
is
receiving
medical
assistance
under
1
chapter
249A
.
Such
reports
shall
be
made
upon
establishment
of
2
a
conservatorship
for
an
individual
applying
for
or
receiving
3
medical
assistance,
upon
application
for
benefits
on
behalf
4
of
the
protected
person,
upon
annual
or
semiannual
review
of
5
continued
medical
assistance
eligibility,
when
any
significant
6
change
in
the
protected
person’s
assets
or
income
occurs,
or
7
as
otherwise
requested
by
the
department
of
health
and
human
8
services.
Written
reports
shall
be
provided
to
the
department
9
of
health
and
human
services
office
for
the
county
in
which
the
10
protected
person
resides
or
the
office
in
which
the
protected
11
person’s
medical
assistance
is
administered.
12
Sec.
1285.
Section
633B.120,
subsection
2,
paragraph
f,
13
Code
2023,
is
amended
to
read
as
follows:
14
f.
The
person
makes,
or
has
actual
knowledge
that
another
15
person
has
made,
a
report
to
the
department
of
health
and
human
16
services
stating
a
good-faith
belief
that
the
principal
may
be
17
subject
to
physical
or
financial
abuse,
neglect,
exploitation,
18
or
abandonment
by
the
agent
or
a
person
acting
for
or
with
the
19
agent.
20
Sec.
1286.
Section
633C.1,
Code
2023,
is
amended
to
read
as
21
follows:
22
633C.1
Definitions.
23
For
purposes
of
this
chapter
,
unless
the
context
otherwise
24
requires:
25
1.
“Available
monthly
income”
means
in
reference
to
a
26
medical
assistance
income
trust
beneficiary,
any
income
27
received
directly
by
the
beneficiary,
not
from
the
trust,
28
that
counts
as
income
in
determining
eligibility
for
medical
29
assistance
and
any
amounts
paid
to
or
otherwise
made
available
30
to
the
beneficiary
by
the
trustee
pursuant
to
section
633C.3,
31
subsection
1
,
paragraph
“b”
,
or
section
633C.3,
subsection
2
,
32
paragraph
“b”
.
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2.
“Beneficiary”
means
the
original
beneficiary
of
a
medical
34
assistance
special
needs
trust
or
medical
assistance
income
35
trust,
whose
assets
funded
the
trust.
1
3.
“Department”
means
the
department
of
health
and
human
2
services.
3
3.
4.
“Institutionalized
individual”
means
an
individual
4
receiving
nursing
facility
services,
a
level
of
care
in
any
5
institution
equivalent
to
nursing
facility
services,
or
home
6
and
community-based
services
under
the
medical
assistance
home
7
and
community-based
services
waiver
program.
8
4.
5.
“Maximum
monthly
medical
assistance
payment
rate
for
9
services
in
an
intermediate
care
facility
for
persons
with
an
10
intellectual
disability”
means
the
allowable
rate
established
by
11
the
department
of
human
services
and
as
published
in
the
Iowa
12
administrative
bulletin.
13
5.
6.
“Medical
assistance”
means
medical
assistance
as
14
defined
in
section
249A.2
.
15
6.
7.
“Medical
assistance
income
trust”
means
a
trust
or
16
similar
legal
instrument
or
device
that
meets
the
criteria
of
17
42
U.S.C.
§1396p(d)(4)(B)(i)-(ii).
18
7.
8.
“Medical
assistance
special
needs
trust”
means
a
trust
19
or
similar
legal
instrument
or
device
that
meets
the
criteria
20
of
42
U.S.C.
§1396p(d)(4)(A)
or
(C).
21
8.
9.
“Statewide
average
charge
for
state
mental
health
22
institute
care”
means
the
statewide
average
charge
for
such
23
care
as
calculated
by
the
department
of
human
services
and
as
24
published
in
the
Iowa
administrative
bulletin.
25
9.
10.
“Statewide
average
charge
for
nursing
facility
26
services”
means
the
statewide
average
charge
for
such
care,
27
excluding
charges
by
Medicare-certified,
skilled
nursing
28
facilities,
as
calculated
by
the
department
of
human
services
29
and
as
published
in
the
Iowa
administrative
bulletin.
30
10.
11.
“Statewide
average
charge
to
private-pay
patients
31
for
psychiatric
medical
institutions
for
children
care”
means
32
the
statewide
average
charge
for
such
care
as
calculated
by
33
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the
department
of
human
services
and
as
published
in
the
Iowa
34
administrative
bulletin.
35
11.
12.
“Total
monthly
income”
means
in
reference
to
a
1
medical
assistance
income
trust
beneficiary,
income
received
2
directly
by
the
beneficiary,
not
from
the
trust,
that
counts
3
as
income
in
determining
eligibility
for
medical
assistance,
4
income
of
the
beneficiary
received
by
the
trust
that
would
5
otherwise
count
as
income
in
determining
the
beneficiary’s
6
eligibility
for
medical
assistance,
and
income
or
earnings
of
7
the
trust
received
by
the
trust.
8
Sec.
1287.
Section
633C.5,
Code
2023,
is
amended
to
read
as
9
follows:
10
633C.5
Cooperation.
11
1.
The
department
of
human
services
shall
cooperate
with
12
the
trustee
of
a
medical
assistance
special
needs
trust
or
a
13
medical
assistance
income
trust
in
determining
the
appropriate
14
disposition
of
the
trust
under
sections
633C.2
and
633C.3
.
15
2.
The
trustee
of
a
medical
assistance
special
needs
trust
16
or
medical
assistance
income
trust
shall
cooperate
with
the
17
department
of
human
services
in
supplying
information
regarding
18
a
trust
established
under
this
chapter
.
19
Sec.
1288.
Section
642.2,
subsection
4,
Code
2023,
is
20
amended
to
read
as
follows:
21
4.
Notwithstanding
subsections
2,
3,
6,
and
7
,
any
moneys
22
owed
to
the
child
support
obligor
by
the
state,
with
the
23
exception
of
unclaimed
property
held
by
the
treasurer
of
24
state
pursuant
to
chapter
556
,
and
payments
owed
to
the
child
25
support
obligor
through
the
Iowa
public
employees’
retirement
26
system
are
subject
to
garnishment,
attachment,
execution,
or
27
assignment
by
the
child
support
recovery
unit
services
if
the
28
child
support
recovery
unit
services
is
providing
enforcement
29
services
pursuant
to
chapter
252B
.
Any
moneys
that
are
30
determined
payable
by
the
treasurer
pursuant
to
section
556.20,
31
subsection
2
,
to
the
child
support
obligor
shall
be
subject
32
to
setoff
pursuant
to
section
8A.504
,
notwithstanding
any
33
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administrative
rule
pertaining
to
the
child
support
recovery
34
unit
services
limiting
the
amount
of
the
offset.
35
Sec.
1289.
Section
669.2,
subsection
4,
paragraph
a,
Code
1
2023,
is
amended
to
read
as
follows:
2
a.
“Employee
of
the
state”
includes
any
one
or
more
3
officers,
agents,
or
employees
of
the
state
or
any
state
4
agency,
including
members
of
the
general
assembly,
and
persons
5
acting
on
behalf
of
the
state
or
any
state
agency
in
any
6
official
capacity,
temporarily
or
permanently
in
the
service
of
7
the
state
of
Iowa,
whether
with
or
without
compensation,
but
8
does
not
include
a
contractor
doing
business
with
the
state.
9
Professional
personnel,
including
physicians,
osteopathic
10
physicians
and
surgeons,
osteopathic
physicians,
optometrists,
11
dentists,
nurses,
physician
assistants,
and
other
medical
12
personnel,
who
render
services
to
patients
or
inmates
of
state
13
institutions
under
the
jurisdiction
of
the
department
of
health
14
and
human
services
or
the
Iowa
department
of
corrections,
15
and
employees
of
the
department
of
veterans
affairs,
are
to
16
be
considered
employees
of
the
state,
whether
the
personnel
17
are
employed
on
a
full-time
basis
or
render
services
on
18
a
part-time
basis
on
a
fee
schedule
or
other
arrangement.
19
Criminal
defendants
while
performing
unpaid
community
service
20
ordered
by
the
district
court,
board
of
parole,
or
judicial
21
district
department
of
correctional
services,
or
an
inmate
22
providing
services
pursuant
to
a
chapter
28E
agreement
entered
23
into
pursuant
to
section
904.703
,
and
persons
supervising
24
those
inmates
under
and
according
to
the
terms
of
the
chapter
25
28E
agreement,
are
to
be
considered
employees
of
the
state.
26
Members
of
the
Iowa
national
guard
performing
duties
in
27
a
requesting
state
pursuant
to
section
29C.21
are
to
be
28
considered
employees
of
the
state
solely
for
the
purpose
of
29
claims
arising
out
of
those
duties
in
the
event
that
the
30
requesting
state’s
tort
claims
coverage
does
not
extend
to
31
such
members
of
the
Iowa
national
guard
or
is
less
than
that
32
provided
under
Iowa
law.
33
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Sec.
1290.
Section
674.3,
Code
2023,
is
amended
to
read
as
34
follows:
35
674.3
Petition
copy.
1
A
copy
of
the
petition
shall
be
filed
by
the
clerk
of
court
2
with
the
division
for
records
and
state
registrar
of
vital
3
statistics
of
the
Iowa
department
of
public
health
and
human
4
services
.
5
Sec.
1291.
Section
674.7,
Code
2023,
is
amended
to
read
as
6
follows:
7
674.7
Copy
to
Iowa
department
of
public
health
and
human
8
services
.
9
When
the
court
grants
a
decree
of
change
of
name,
the
clerk
10
of
the
court
shall
furnish
the
petitioner
with
a
certified
copy
11
of
the
decree
and
mail
an
abstract
of
a
decree
requiring
a
name
12
change
to
be
reflected
on
a
birth
certificate
to
the
state
13
registrar
of
vital
statistics
of
the
Iowa
department
of
public
14
health
and
human
services
on
a
form
provided
by
the
state
15
registrar.
16
Sec.
1292.
Section
686D.2,
subsection
11,
paragraph
e,
Code
17
2023,
is
amended
to
read
as
follows:
18
e.
Any
state
agency,
including
the
department
of
public
19
health
and
human
services
.
20
Sec.
1293.
Section
691.5,
Code
2023,
is
amended
to
read
as
21
follows:
22
691.5
State
medical
examiner.
23
The
office
and
position
of
state
medical
examiner
is
24
established
for
administrative
purposes
within
the
Iowa
25
department
of
public
health
and
human
services
.
Other
state
26
agencies
shall
cooperate
with
the
state
medical
examiner
in
27
the
use
of
state-owned
facilities
when
appropriate
for
the
28
performance
of
nonadministrative
duties
of
the
state
medical
29
examiner.
The
state
medical
examiner
shall
be
a
physician
30
and
surgeon
or
osteopathic
physician
and
surgeon,
be
licensed
31
to
practice
medicine
in
the
state
of
Iowa,
and
be
board
32
certified
or
eligible
to
be
board
certified
in
anatomic
and
33
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forensic
pathology
by
the
American
board
of
pathology.
The
34
state
medical
examiner
shall
be
appointed
by
and
serve
at
the
35
pleasure
of
the
director
of
public
health
and
human
services
1
upon
the
advice
of
and
in
consultation
with
the
director
of
2
public
safety
and
the
governor.
The
state
medical
examiner,
3
in
consultation
with
the
director
of
public
health
and
human
4
services
,
shall
be
responsible
for
developing
and
administering
5
the
medical
examiner’s
budget
and
for
employment
of
medical
6
examiner
staff
and
assistants.
The
state
medical
examiner
7
may
be
a
faculty
member
of
the
university
of
Iowa
college
of
8
medicine
or
the
college
of
law
at
the
university
of
Iowa,
and
9
any
of
the
examiner’s
assistants
or
staff
may
be
members
of
the
10
faculty
or
staff
of
the
university
of
Iowa
college
of
medicine
11
or
the
college
of
law
at
the
university
of
Iowa.
12
Sec.
1294.
Section
691.6,
subsection
3,
Code
2023,
is
13
amended
to
read
as
follows:
14
3.
To
adopt
rules
pursuant
to
chapter
17A
and
subject
to
the
15
approval
of
the
director
of
public
health
and
human
services
.
16
Sec.
1295.
Section
691.6,
subsection
10,
Code
2023,
is
17
amended
by
striking
the
subsection.
18
Sec.
1296.
Section
691.6A,
Code
2023,
is
amended
to
read
as
19
follows:
20
691.6A
Deputy
state
medical
examiner
——
creation
and
duties.
21
The
position
of
deputy
state
medical
examiner
is
created
22
within
the
office
of
the
state
medical
examiner.
The
deputy
23
state
medical
examiner
shall
report
to
and
be
responsible
to
24
the
state
medical
examiner.
The
deputy
state
medical
examiner
25
shall
meet
the
qualification
criteria
established
in
section
26
691.5
for
the
state
medical
examiner
and
shall
be
subject
to
27
rules
adopted
by
the
state
medical
examiner
as
provided
in
28
section
691.6,
subsection
3
.
The
state
medical
examiner
and
29
the
deputy
state
medical
examiner
shall
function
as
a
team,
30
providing
peer
review
as
necessary,
fulfilling
each
other’s
job
31
responsibilities
during
times
of
absence,
and
working
jointly
32
to
provide
services
and
education
to
county
medical
examiners,
33
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law
enforcement
officials,
hospital
pathologists,
and
other
34
individuals
and
entities.
The
deputy
medical
examiner
may
35
be,
but
is
not
required
to
be,
a
full-time
salaried
faculty
1
member
of
the
department
of
pathology
of
the
university
of
Iowa
2
college
of
medicine.
If
the
medical
examiner
is
a
full-time
3
salaried
faculty
member
of
the
department
of
pathology
of
the
4
university
of
Iowa
college
of
medicine,
the
Iowa
department
5
of
public
health
and
human
services
and
the
state
board
of
6
regents
shall
enter
into
a
chapter
28E
agreement
to
define
the
7
activities
and
functions
of
the
deputy
medical
examiner,
and
8
to
allocate
deputy
medical
examiner
costs,
consistent
with
the
9
requirements
of
this
section
.
10
Sec.
1297.
Section
691.6B,
subsection
1,
paragraph
b,
Code
11
2023,
is
amended
to
read
as
follows:
12
b.
Advise
the
state
medical
examiner
concerning
the
13
assurance
of
effective
coordination
of
the
functions
and
14
operations
of
the
office
of
the
state
medical
examiner
with
the
15
needs
and
interests
of
the
departments
of
public
safety
and
16
public
health
and
human
services
.
17
Sec.
1298.
Section
691.6B,
subsection
2,
paragraph
c,
Code
18
2023,
is
amended
to
read
as
follows:
19
c.
The
director
of
public
health
and
human
services
or
the
20
director’s
designee.
21
Sec.
1299.
Section
691.7,
Code
2023,
is
amended
to
read
as
22
follows:
23
691.7
Commissioner
to
accept
federal
or
private
grants.
24
The
commissioner
of
public
safety
may
accept
federal
25
or
private
funds
or
grants
to
aid
in
the
establishment
or
26
operation
of
the
state
criminalistics
laboratory,
and
the
27
director
of
public
health
and
human
services
or
the
state
board
28
of
regents
may
accept
federal
or
private
funds
or
grants
to
29
aid
in
the
establishment
or
operation
of
the
position
of
state
30
medical
examiner.
31
Sec.
1300.
Section
692.15,
subsection
1,
Code
2023,
is
32
amended
to
read
as
follows:
33
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1.
If
it
comes
to
the
attention
of
a
sheriff,
police
34
department,
or
other
law
enforcement
agency
that
a
public
35
offense
or
delinquent
act
has
been
committed
in
its
1
jurisdiction,
the
law
enforcement
agency
shall
report
2
information
concerning
the
public
offense
or
delinquent
act
to
3
the
department
on
a
form
to
be
furnished
by
the
department
not
4
more
than
thirty-five
days
from
the
time
the
public
offense
5
or
delinquent
act
first
comes
to
the
attention
of
the
law
6
enforcement
agency.
The
reports
shall
be
used
to
generate
7
crime
statistics.
The
department
shall
submit
statistics
to
8
the
governor,
the
general
assembly,
and
the
division
of
subunit
9
of
the
department
of
health
and
human
services
responsible
for
10
criminal
and
juvenile
justice
planning
of
the
department
of
11
human
rights
on
a
quarterly
and
yearly
basis.
12
Sec.
1301.
Section
707.6A,
subsection
1D,
Code
2023,
is
13
amended
to
read
as
follows:
14
1D.
Where
the
program
is
available
and
appropriate
for
15
the
defendant,
the
court
shall
also
order
the
defendant
to
16
participate
in
a
reality
education
substance
abuse
use
disorder
17
prevention
program
as
provided
in
section
321J.24
.
18
Sec.
1302.
Section
708.3A,
subsections
1,
2,
3,
and
4,
Code
19
2023,
are
amended
to
read
as
follows:
20
1.
A
person
who
commits
an
assault,
as
defined
in
section
21
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
22
member
or
employee
of
the
board
of
parole,
health
care
23
provider,
employee
of
the
department
of
health
and
human
24
services,
employee
of
the
department
of
revenue,
national
25
guard
member
engaged
in
national
guard
duty
or
state
active
26
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
27
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
28
or
volunteer,
with
the
knowledge
that
the
person
against
29
whom
the
assault
is
committed
is
a
peace
officer,
jailer,
30
correctional
staff,
member
or
employee
of
the
board
of
parole,
31
health
care
provider,
employee
of
the
department
of
health
and
32
human
services,
employee
of
the
department
of
revenue,
national
33
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guard
member
engaged
in
national
guard
duty
or
state
active
34
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
35
employee
of
a
fire
department,
or
fire
fighter
and
with
the
1
intent
to
inflict
a
serious
injury
upon
the
peace
officer,
2
jailer,
correctional
staff,
member
or
employee
of
the
board
3
of
parole,
health
care
provider,
employee
of
the
department
4
of
health
and
human
services,
employee
of
the
department
of
5
revenue,
national
guard
member
engaged
in
national
guard
duty
6
or
state
active
duty,
civilian
employee
of
a
law
enforcement
7
agency,
civilian
employee
of
a
fire
department,
or
fire
8
fighter,
is
guilty
of
a
class
“D”
felony.
9
2.
A
person
who
commits
an
assault,
as
defined
in
section
10
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
11
member
or
employee
of
the
board
of
parole,
health
care
12
provider,
employee
of
the
department
of
health
and
human
13
services,
employee
of
the
department
of
revenue,
national
14
guard
member
engaged
in
national
guard
duty
or
state
active
15
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
16
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
17
or
volunteer,
who
knows
that
the
person
against
whom
the
18
assault
is
committed
is
a
peace
officer,
jailer,
correctional
19
staff,
member
or
employee
of
the
board
of
parole,
health
care
20
provider,
employee
of
the
department
of
health
and
human
21
services,
employee
of
the
department
of
revenue,
national
22
guard
member
engaged
in
national
guard
duty
or
state
active
23
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
24
employee
of
a
fire
department,
or
fire
fighter
and
who
uses
or
25
displays
a
dangerous
weapon
in
connection
with
the
assault,
is
26
guilty
of
a
class
“D”
felony.
27
3.
A
person
who
commits
an
assault,
as
defined
in
section
28
708.1
,
against
a
peace
officer,
jailer,
correctional
staff,
29
member
or
employee
of
the
board
of
parole,
health
care
30
provider,
employee
of
the
department
of
health
and
human
31
services,
employee
of
the
department
of
revenue,
national
32
guard
member
engaged
in
national
guard
duty
or
state
active
33
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duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
34
employee
of
a
fire
department,
or
fire
fighter,
whether
paid
35
or
volunteer,
who
knows
that
the
person
against
whom
the
1
assault
is
committed
is
a
peace
officer,
jailer,
correctional
2
staff,
member
or
employee
of
the
board
of
parole,
health
care
3
provider,
employee
of
the
department
of
health
and
human
4
services,
employee
of
the
department
of
revenue,
national
5
guard
member
engaged
in
national
guard
duty
or
state
active
6
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
7
employee
of
a
fire
department,
or
fire
fighter,
and
who
causes
8
bodily
injury
or
mental
illness,
is
guilty
of
an
aggravated
9
misdemeanor.
10
4.
Any
other
assault,
as
defined
in
section
708.1
,
committed
11
against
a
peace
officer,
jailer,
correctional
staff,
member
12
or
employee
of
the
board
of
parole,
health
care
provider,
13
employee
of
the
department
of
health
and
human
services,
14
employee
of
the
department
of
revenue,
national
guard
member
15
engaged
in
national
guard
duty
or
state
active
duty,
civilian
16
employee
of
a
law
enforcement
agency,
civilian
employee
of
a
17
fire
department,
or
fire
fighter,
whether
paid
or
volunteer,
18
by
a
person
who
knows
that
the
person
against
whom
the
assault
19
is
committed
is
a
peace
officer,
jailer,
correctional
staff,
20
member
or
employee
of
the
board
of
parole,
health
care
21
provider,
employee
of
the
department
of
health
and
human
22
services,
employee
of
the
department
of
revenue,
national
23
guard
member
engaged
in
national
guard
duty
or
state
active
24
duty,
civilian
employee
of
a
law
enforcement
agency,
civilian
25
employee
of
a
fire
department,
or
fire
fighter,
is
a
serious
26
misdemeanor.
27
Sec.
1303.
Section
708.3A,
subsection
5,
paragraph
b,
Code
28
2023,
is
amended
to
read
as
follows:
29
b.
“Employee
of
the
department
of
health
and
human
services”
30
means
a
person
who
is
an
employee
of
an
institution
controlled
31
by
the
director
of
health
and
human
services
that
is
listed
in
32
section
218.1
,
or
who
is
an
employee
of
the
civil
commitment
33
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unit
for
sex
offenders
operated
by
the
department
of
health
and
34
human
services.
A
person
who
commits
an
assault
under
this
35
section
against
an
employee
of
the
department
of
health
and
1
human
services
at
a
department
of
health
and
human
services
2
institution
or
unit
is
presumed
to
know
that
the
person
against
3
whom
the
assault
is
committed
is
an
employee
of
the
department
4
of
health
and
human
services.
5
Sec.
1304.
Section
709.16,
subsection
2,
paragraph
b,
6
subparagraphs
(2)
and
(5),
Code
2023,
are
amended
to
read
as
7
follows:
8
(2)
Institutions
controlled
by
the
department
of
health
and
9
human
services
listed
in
section
218.1
.
10
(5)
Facilities
for
the
treatment
of
persons
with
11
substance-related
disorders
a
substance
use
disorder
as
defined
12
in
section
125.2
.
13
Sec.
1305.
Section
710.8,
subsection
3,
Code
2023,
is
14
amended
to
read
as
follows:
15
3.
A
person
shall
not
harbor
a
runaway
child
with
the
intent
16
of
allowing
the
runaway
child
to
remain
away
from
home
against
17
the
wishes
of
the
child’s
parent,
guardian,
or
custodian.
18
However,
the
provisions
of
this
subsection
do
not
apply
to
19
a
shelter
care
home
which
is
licensed
or
approved
by
the
20
department
of
health
and
human
services.
21
Sec.
1306.
Section
714G.8,
subsection
5,
Code
2023,
is
22
amended
to
read
as
follows:
23
5.
The
department
of
health
and
human
services
or
its
agents
24
or
assignees
acting
to
investigate
fraud
under
the
medical
25
assistance
program.
26
Sec.
1307.
Section
715A.11,
subsection
5,
Code
2023,
is
27
amended
to
read
as
follows:
28
5.
A
person
who
violates
this
section
is
guilty
of
a
simple
29
misdemeanor
for
a
first
offense
and
a
serious
misdemeanor
for
30
each
subsequent
offense.
The
court
may
require
a
substance
31
abuse
use
disorder
evaluation
and
treatment
through
a
program
32
licensed
by
the
Iowa
department
of
public
health
and
human
33
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services
in
lieu
of
or
in
addition
to
other
penalties.
Any
34
substance
abuse
use
disorder
evaluation
required
under
this
35
subsection
shall
be
completed
at
the
expense
of
the
defendant.
1
Sec.
1308.
Section
724.31,
subsection
2,
Code
2023,
is
2
amended
to
read
as
follows:
3
2.
A
person
who
is
subject
to
the
disabilities
imposed
4
by
18
U.S.C.
§922(d)(4)
and
(g)(4)
because
of
an
order
or
5
judgment
that
occurred
under
the
laws
of
this
state
may
6
petition
the
court
that
issued
the
order
or
judgment
or
the
7
court
in
the
county
where
the
person
resides
for
relief
from
8
the
disabilities
imposed
under
18
U.S.C.
§922(d)(4)
and
(g)(4).
9
A
copy
of
the
petition
shall
also
be
served
on
the
director
of
10
health
and
human
services
and
the
county
attorney
at
the
county
11
attorney’s
office
of
the
county
in
which
the
original
order
12
occurred,
and
the
director
or
the
county
attorney
may
appear,
13
support,
object
to,
and
present
evidence
relevant
to
the
relief
14
sought
by
the
petitioner.
15
Sec.
1309.
Section
725.1,
subsection
1,
paragraph
b,
Code
16
2023,
is
amended
to
read
as
follows:
17
b.
If
the
person
who
sells
or
offers
for
sale
the
person’s
18
services
as
a
partner
in
a
sex
act
is
under
the
age
of
eighteen,
19
the
county
attorney
may
elect,
in
lieu
of
filing
a
petition
20
alleging
that
the
person
has
committed
a
delinquent
act,
21
to
refer
that
person
to
the
department
of
health
and
human
22
services
for
the
possible
filing
of
a
petition
alleging
that
23
the
person
is
a
child
in
need
of
assistance.
24
Sec.
1310.
Section
730.5,
subsection
1,
paragraph
g,
Code
25
2023,
is
amended
to
read
as
follows:
26
g.
“Medical
review
officer”
means
a
licensed
physician,
27
osteopathic
physician,
chiropractor,
nurse
practitioner,
or
28
physician
assistant
authorized
to
practice
in
any
state
of
the
29
United
States,
who
is
responsible
for
receiving
laboratory
30
results
generated
by
an
employer’s
drug
or
alcohol
testing
31
program,
and
who
has
knowledge
of
substance
abuse
use
disorders
32
and
has
appropriate
medical
training
to
interpret
and
evaluate
33
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an
individual’s
confirmed
positive
test
result
together
34
with
the
individual’s
medical
history
and
any
other
relevant
35
biomedical
information.
1
Sec.
1311.
Section
730.5,
subsection
3,
Code
2023,
is
2
amended
to
read
as
follows:
3
3.
Testing
optional.
This
section
does
not
require
or
4
create
a
legal
duty
on
an
employer
to
conduct
drug
or
alcohol
5
testing
and
the
requirements
of
this
section
shall
not
be
6
construed
to
encourage,
discourage,
restrict,
limit,
prohibit,
7
or
require
such
testing.
In
addition,
an
employer
may
8
implement
and
require
drug
or
alcohol
testing
at
some
but
not
9
all
of
the
work
sites
of
the
employer
and
the
requirements
of
10
this
section
shall
only
apply
to
the
employer
and
employees
who
11
are
at
the
work
sites
where
drug
or
alcohol
testing
pursuant
to
12
this
section
has
been
implemented.
A
cause
of
action
shall
not
13
arise
in
favor
of
any
person
against
an
employer
or
agent
of
an
14
employer
based
on
the
failure
of
the
employer
to
establish
a
15
program
or
policy
on
substance
abuse
use
disorder
prevention
16
or
to
implement
any
component
of
testing
as
permitted
by
this
17
section
.
18
Sec.
1312.
Section
730.5,
subsection
7,
paragraph
f,
Code
19
2023,
is
amended
to
read
as
follows:
20
f.
All
confirmatory
drug
testing
shall
be
conducted
at
a
21
laboratory
certified
by
the
United
States
department
of
health
22
and
human
services’
substance
abuse
and
mental
health
services
23
administration
or
approved
under
rules
adopted
by
the
Iowa
24
department
of
public
health
and
human
services
.
25
Sec.
1313.
Section
730.5,
subsection
9,
paragraph
c,
26
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
27
(2)
If
an
employer
does
not
have
an
employee
assistance
28
program,
the
employer
must
maintain
a
resource
file
of
alcohol
29
and
other
drug
abuse
substance
use
disorder
programs
certified
30
by
the
Iowa
department
of
public
health
and
human
services
,
31
mental
health
providers,
and
other
persons,
entities,
or
32
organizations
available
to
assist
employees
with
personal
or
33
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behavioral
problems.
The
employer
shall
provide
all
employees
34
information
about
the
existence
of
the
resource
file
and
a
35
summary
of
the
information
contained
within
the
resource
file.
1
The
summary
should
contain,
but
need
not
be
limited
to,
all
2
information
necessary
to
access
the
services
listed
in
the
3
resource
file.
4
Sec.
1314.
Section
730.5,
subsection
9,
paragraph
g,
5
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
6
to
read
as
follows:
7
Upon
receipt
of
a
confirmed
positive
alcohol
test
8
which
indicates
an
alcohol
concentration
greater
than
the
9
concentration
level
established
by
the
employer
pursuant
to
10
this
section
,
and
if
the
employer
has
at
least
fifty
employees,
11
and
if
the
employee
has
been
employed
by
the
employer
for
12
at
least
twelve
of
the
preceding
eighteen
months,
and
if
13
rehabilitation
is
agreed
upon
by
the
employee,
and
if
the
14
employee
has
not
previously
violated
the
employer’s
substance
15
abuse
use
disorder
prevention
policy
pursuant
to
this
section
,
16
the
written
policy
shall
provide
for
the
rehabilitation
of
the
17
employee
pursuant
to
subsection
10
,
paragraph
“a”
,
subparagraph
18
(1),
and
the
apportionment
of
the
costs
of
rehabilitation
as
19
provided
by
this
paragraph
“g”
.
20
Sec.
1315.
Section
730.5,
subsection
9,
paragraph
h,
Code
21
2023,
is
amended
to
read
as
follows:
22
h.
In
order
to
conduct
drug
or
alcohol
testing
under
this
23
section
,
an
employer
shall
require
supervisory
personnel
of
24
the
employer
involved
with
drug
or
alcohol
testing
under
this
25
section
to
attend
a
minimum
of
two
hours
of
initial
training
26
and
to
attend,
on
an
annual
basis
thereafter,
a
minimum
of
one
27
hour
of
subsequent
training.
The
training
shall
include,
but
28
is
not
limited
to,
information
concerning
the
recognition
of
29
evidence
of
employee
alcohol
and
other
drug
abuse
substance
30
use
disorder
,
the
documentation
and
corroboration
of
employee
31
alcohol
and
other
drug
abuse
substance
use
disorder
,
and
the
32
referral
of
employees
who
abuse
alcohol
or
other
drugs
with
a
33
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substance
use
disorder
to
the
employee
assistance
program
or
34
to
the
resource
file
maintained
by
the
employer
pursuant
to
35
paragraph
“c”
,
subparagraph
(2).
1
Sec.
1316.
Section
730.5,
subsection
11,
paragraph
d,
Code
2
2023,
is
amended
to
read
as
follows:
3
d.
Termination
or
suspension
of
any
substance
abuse
use
4
disorder
prevention
or
testing
program
or
policy.
5
Sec.
1317.
Section
730.5,
subsection
12,
paragraph
b,
6
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
7
(1)
The
employer
discloses
the
test
results
to
a
person
8
other
than
the
employer,
an
authorized
employee,
agent,
or
9
representative
of
the
employer,
the
tested
employee
or
the
10
tested
applicant
for
employment,
an
authorized
substance
abuse
11
use
disorder
treatment
program
or
employee
assistance
program,
12
or
an
authorized
agent
or
representative
of
the
tested
employee
13
or
applicant.
14
Sec.
1318.
Section
730.5,
subsection
13,
paragraph
d,
15
subparagraph
(1),
subparagraph
division
(e),
Code
2023,
is
16
amended
to
read
as
follows:
17
(e)
To
a
substance
abuse
use
disorder
evaluation
or
18
treatment
facility
or
professional
for
the
purpose
of
19
evaluation
or
treatment
of
the
employee.
20
Sec.
1319.
Section
730.5,
subsection
16,
Code
2023,
is
21
amended
to
read
as
follows:
22
16.
Reports.
A
laboratory
doing
business
for
an
employer
23
who
conducts
drug
or
alcohol
tests
pursuant
to
this
section
24
shall
file
an
annual
report
with
the
Iowa
department
of
public
25
health
and
human
services
by
March
1
of
each
year
concerning
26
the
number
of
drug
or
alcohol
tests
conducted
on
employees
who
27
work
in
this
state
pursuant
to
this
section
,
and
the
number
28
of
positive
and
negative
results
of
the
tests,
during
the
29
previous
calendar
year.
In
addition,
the
laboratory
shall
30
include
in
its
annual
report
the
specific
basis
for
each
test
31
as
authorized
in
subsection
8
,
the
type
of
drug
or
drugs
which
32
were
found
in
the
positive
drug
tests,
and
all
significant
33
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available
demographic
factors
relating
to
the
positive
test
34
pool.
35
Sec.
1320.
Section
804.31,
subsection
1,
Code
2023,
is
1
amended
to
read
as
follows:
2
1.
When
a
person
is
detained
for
questioning
or
arrested
3
for
an
alleged
violation
of
a
law
or
ordinance
and
there
is
4
reason
to
believe
that
the
person
is
deaf
or
hard-of-hearing,
5
the
peace
officer
making
the
arrest
or
taking
the
person
6
into
custody
or
any
other
officer
detaining
the
person
shall
7
determine
if
the
person
is
a
deaf
or
hard-of-hearing
person
as
8
defined
in
section
622B.1
.
If
the
officer
so
determines,
the
9
officer,
at
the
earliest
possible
time
and
prior
to
commencing
10
any
custodial
interrogation
of
the
person,
shall
procure
a
11
qualified
interpreter
in
accordance
with
section
622B.2
and
the
12
rules
adopted
by
the
supreme
court
under
section
622B.1
unless
13
the
deaf
or
hard-of-hearing
person
knowingly,
voluntarily,
14
and
intelligently
waives
the
right
to
an
interpreter
in
15
writing
by
executing
a
form
prescribed
by
the
department
of
16
health
and
human
rights
services
and
the
Iowa
county
attorneys
17
association.
The
interpreter
shall
interpret
the
officer’s
18
warnings
of
constitutional
rights
and
protections
and
all
other
19
warnings,
statements,
and
questions
spoken
or
written
by
any
20
officer,
attorney,
or
other
person
present
and
all
statements
21
and
questions
communicated
in
sign
language
by
the
deaf
or
22
hard-of-hearing
person.
23
Sec.
1321.
Section
811.2,
subsection
1,
paragraph
b,
Code
24
2023,
is
amended
to
read
as
follows:
25
b.
Any
bailable
defendant
who
is
charged
with
unlawful
26
possession,
manufacture,
delivery,
or
distribution
of
a
27
controlled
substance
or
other
drug
under
chapter
124
and
is
28
ordered
released
shall
be
required,
as
a
condition
of
that
29
release,
to
submit
to
a
substance
abuse
use
disorder
evaluation
30
and
follow
any
recommendations
proposed
in
the
evaluation
for
31
appropriate
substance
abuse
use
disorder
treatment.
However,
32
if
a
bailable
defendant
is
charged
with
manufacture,
delivery,
33
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possession
with
the
intent
to
manufacture
or
deliver,
or
34
distribution
of
methamphetamine,
its
salts,
optical
isomers,
35
and
salts
of
its
optical
isomers,
the
defendant
shall,
in
1
addition
to
a
substance
abuse
use
disorder
evaluation,
remain
2
under
supervision
and
be
required
to
undergo
random
drug
tests
3
as
a
condition
of
release.
4
Sec.
1322.
Section
812.6,
subsection
2,
paragraph
b,
Code
5
2023,
is
amended
to
read
as
follows:
6
b.
A
defendant
who
does
not
pose
a
danger
to
the
public
7
peace
or
safety,
but
is
otherwise
being
held
in
custody,
or
8
who
refuses
to
cooperate
with
treatment,
shall
be
committed
to
9
the
custody
of
the
director
of
health
and
human
services
at
a
10
department
of
health
and
human
services
facility
for
treatment
11
designed
to
restore
the
defendant
to
competency.
The
costs
of
12
the
treatment
pursuant
to
this
paragraph
shall
be
borne
by
the
13
department
of
health
and
human
services.
14
Sec.
1323.
Section
901.3,
subsection
1,
paragraph
h,
Code
15
2023,
is
amended
to
read
as
follows:
16
h.
Whether
the
defendant
has
a
history
of
mental
health
17
issues
or
a
substance
abuse
problems
use
disorder
.
If
so,
the
18
investigator
shall
inquire
into
the
treatment
options
available
19
in
both
the
community
of
the
defendant
and
the
correctional
20
system.
21
Sec.
1324.
Section
901.3,
subsection
2,
Code
2023,
is
22
amended
to
read
as
follows:
23
2.
All
local
and
state
mental
and
correctional
24
institutions,
courts,
and
police
agencies
shall
furnish
to
the
25
investigator
on
request
the
defendant’s
criminal
record
and
26
other
relevant
information.
The
originating
source
of
specific
27
mental
health
or
substance
abuse
use
disorder
information
28
including
the
histories,
treatment,
and
use
of
medications
29
shall
not
be
released
to
the
presentence
investigator
unless
30
the
defendant
authorizes
the
release
of
such
information.
31
If
the
defendant
refuses
to
release
the
information,
the
32
presentence
investigator
may
note
the
defendant’s
refusal
33
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to
release
mental
health
or
substance
abuse
use
disorder
34
information
in
the
presentence
investigation
report
and
rely
35
upon
other
mental
health
or
substance
abuse
use
disorder
1
information
available
to
the
presentence
investigator.
2
With
the
approval
of
the
court,
a
physical
examination
or
3
psychiatric
evaluation
of
the
defendant
may
be
ordered,
or
4
the
defendant
may
be
committed
to
an
inpatient
or
outpatient
5
psychiatric
facility
for
an
evaluation
of
the
defendant’s
6
personality
and
mental
health.
The
results
of
any
such
7
examination
or
evaluation
shall
be
included
in
the
report
of
8
the
investigator.
9
Sec.
1325.
Section
901.4,
Code
2023,
is
amended
to
read
as
10
follows:
11
901.4
Presentence
investigation
report
confidential
——
12
access.
13
The
presentence
investigation
report
is
confidential
and
the
14
court
shall
provide
safeguards
to
ensure
its
confidentiality,
15
including
but
not
limited
to
sealing
the
report,
which
may
16
be
opened
only
by
further
court
order.
The
defendant’s
17
attorney
and
the
attorney
for
the
state
shall
have
access
to
18
the
presentence
investigation
report
at
least
three
days
prior
19
to
the
date
set
for
sentencing.
The
defendant’s
appellate
20
attorney
and
the
appellate
attorney
for
the
state
shall
have
21
access
to
the
presentence
investigation
report
upon
request
22
and
without
the
necessity
of
a
court
order.
The
report
shall
23
remain
confidential
except
upon
court
order.
However,
the
24
court
may
conceal
the
identity
of
the
person
who
provided
25
confidential
information.
The
report
of
a
medical
examination
26
or
psychological
or
psychiatric
evaluation
shall
be
made
27
available
to
the
attorney
for
the
state
and
to
the
defendant
28
upon
request.
The
reports
are
part
of
the
record
but
shall
29
be
sealed
and
opened
only
on
order
of
the
court.
If
the
30
defendant
is
committed
to
the
custody
of
the
Iowa
department
31
of
corrections
and
is
not
a
class
“A”
felon,
an
employee
32
of
the
department,
if
authorized
by
the
director
of
the
33
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department,
an
employee
of
a
judicial
district
department
34
of
correctional
services,
if
authorized
by
the
director
of
35
the
judicial
district
department
of
correctional
services,
1
and
an
employee
of
the
board
of
parole,
if
authorized
by
the
2
chairperson
or
a
member
of
the
board
of
parole,
shall
have
3
access
to
the
presentence
investigation
report.
Pursuant
to
4
section
904.602
,
the
presentence
investigation
report
may
also
5
be
released
by
ordinary
or
electronic
mail
by
the
department
of
6
corrections
or
a
judicial
district
department
of
correctional
7
services
to
another
jurisdiction
for
the
purpose
of
providing
8
interstate
probation
and
parole
compact
or
interstate
compact
9
for
adult
offender
supervision
services
or
evaluations,
or
10
to
a
substance
abuse
use
disorder
or
mental
health
services
11
provider
when
referring
a
defendant
for
services.
The
12
defendant
or
the
defendant’s
attorney
may
file
with
the
13
presentence
investigation
report,
a
denial
or
refutation
of
the
14
allegations,
or
both,
contained
in
the
report.
The
denial
or
15
refutation
shall
be
included
in
the
report.
16
Sec.
1326.
Section
901.4A,
Code
2023,
is
amended
to
read
as
17
follows:
18
901.4A
Substance
abuse
use
disorder
evaluation.
19
Upon
a
plea
of
guilty,
a
verdict
of
guilty,
or
a
special
20
verdict
upon
which
a
judgment
of
conviction
may
be
rendered,
21
the
court
may
order
the
defendant
to
submit
to
and
complete
22
a
substance
abuse
use
disorder
evaluation,
if
the
court
23
determines
that
there
is
reason
to
believe
that
the
defendant
24
regularly
abuses
uses
alcohol
or
other
controlled
substances
25
and
may
be
in
need
of
treatment.
An
order
made
pursuant
to
this
26
section
may
be
made
in
addition
to
any
other
sentence
or
order
27
of
the
court.
28
Sec.
1327.
Section
901.5,
subsection
8,
Code
2023,
is
29
amended
to
read
as
follows:
30
8.
The
court
may
order
the
defendant
to
complete
any
31
treatment
indicated
by
a
substance
abuse
use
disorder
32
evaluation
ordered
pursuant
to
section
901.4A
or
any
other
33
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section.
34
Sec.
1328.
Section
901B.1,
subsection
1,
paragraph
c,
35
subparagraph
(5),
Code
2023,
is
amended
to
read
as
follows:
1
(5)
A
substance
abuse
use
disorder
treatment
facility
2
as
established
and
operated
by
the
Iowa
department
of
public
3
health
and
human
services
or
the
department
of
corrections.
4
Sec.
1329.
Section
901B.1,
subsection
3,
paragraph
c,
Code
5
2023,
is
amended
to
read
as
follows:
6
c.
A
copy
of
the
program
and
plan
shall
be
filed
with
7
the
chief
judge
of
the
judicial
district,
the
department
of
8
corrections,
and
the
division
of
subunit
of
the
department
of
9
health
and
human
services
responsible
for
criminal
and
juvenile
10
justice
planning
of
the
department
of
human
rights
.
11
Sec.
1330.
Section
904.108,
subsection
1,
paragraph
d,
Code
12
2023,
is
amended
to
read
as
follows:
13
d.
Establish
and
maintain
acceptable
standards
of
treatment,
14
training,
education,
and
rehabilitation
in
the
various
15
state
penal
and
corrective
institutions
which
shall
include
16
habilitative
services
and
treatment
for
offenders
with
an
17
intellectual
disability.
For
the
purposes
of
this
paragraph,
18
“habilitative
services
and
treatment”
means
medical,
mental
19
health,
social,
educational,
counseling,
and
other
services
20
which
will
assist
a
person
with
an
intellectual
disability
21
to
become
self-reliant.
However,
the
director
may
also
22
provide
rehabilitative
treatment
and
services
to
other
persons
23
who
require
the
services.
The
director
shall
identify
all
24
individuals
entering
the
correctional
system
who
are
persons
25
with
an
intellectual
disability,
as
defined
in
section
4.1
.
26
Identification
shall
be
made
by
a
qualified
professional
in
the
27
area
of
intellectual
disability.
In
assigning
an
offender
with
28
an
intellectual
disability,
or
an
offender
with
an
inadequately
29
developed
intelligence
or
with
impaired
mental
abilities,
to
30
a
correctional
facility,
the
director
shall
consider
both
31
the
program
needs
and
the
security
needs
of
the
offender.
32
The
director
shall
consult
with
the
department
of
health
33
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and
human
services
in
providing
habilitative
services
and
34
treatment
to
offenders
with
mental
illness
or
an
intellectual
35
disability.
The
director
may
enter
into
agreements
with
the
1
department
of
health
and
human
services
to
utilize
mental
2
health
institutions
and
share
staff
and
resources
for
purposes
3
of
providing
habilitative
services
and
treatment,
as
well
as
4
providing
other
special
needs
programming.
Any
agreement
to
5
utilize
mental
health
institutions
and
to
share
staff
and
6
resources
shall
provide
that
the
costs
of
the
habilitative
7
services
and
treatment
shall
be
paid
from
state
funds.
Not
8
later
than
twenty
days
prior
to
entering
into
any
agreement
9
to
utilize
mental
health
institution
staff
and
resources,
10
other
than
the
use
of
a
building
or
facility,
for
purposes
of
11
providing
habilitative
services
and
treatment,
as
well
as
other
12
special
needs
programming,
the
directors
of
the
departments
of
13
corrections
and
health
and
human
services
shall
each
notify
the
14
chairpersons
and
ranking
members
of
the
joint
appropriations
15
subcommittees
that
last
handled
the
appropriation
for
their
16
respective
departments
of
the
pending
agreement.
Use
of
a
17
building
or
facility
shall
require
approval
of
the
general
18
assembly
if
the
general
assembly
is
in
session
or,
if
the
19
general
assembly
is
not
in
session,
the
legislative
council
20
may
grant
temporary
authority,
which
shall
be
subject
to
final
21
approval
of
the
general
assembly
during
the
next
succeeding
22
legislative
session.
23
Sec.
1331.
Section
904.108,
subsection
5,
Code
2023,
is
24
amended
to
read
as
follows:
25
5.
The
director
may
obtain
assistance
for
the
department
26
for
construction,
facility
planning,
and
project
accomplishment
27
with
the
department
of
administrative
services
and
by
28
contracting
under
chapter
28E
for
data
processing
with
the
29
department
of
health
and
human
services
or
the
department
of
30
administrative
services.
31
Sec.
1332.
Section
904.201,
subsection
3,
paragraph
a,
32
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
33
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(1)
Residents
transferred
from
an
institution
under
the
34
jurisdiction
of
the
department
of
health
and
human
services
or
35
the
Iowa
department
of
corrections.
1
Sec.
1333.
Section
904.302,
unnumbered
paragraph
1,
Code
2
2023,
is
amended
to
read
as
follows:
3
The
director
may
appoint
a
farm
operations
administrator
4
for
institutions
under
the
control
of
the
departments
of
5
corrections
and
health
and
human
services.
If
appointed,
the
6
farm
operations
administrator,
subject
to
the
direction
of
the
7
director
shall
do
all
of
the
following:
8
Sec.
1334.
Section
904.302,
subsections
1,
3,
and
8,
Code
9
2023,
are
amended
to
read
as
follows:
10
1.
Manage
and
supervise
all
farming
and
nursery
operations
11
at
institutions,
farms
and
gardens
of
the
departments
of
12
corrections
and
health
and
human
services.
13
3.
Develop
an
annual
operations
plan
for
crop
and
14
livestock
production
and
utilization
that
will
provide
work
15
experience
and
contribute
to
developing
vocational
skills
of
16
the
institutions’
inmates
and
residents.
The
department
of
17
health
and
human
services
must
approve
the
parts
of
the
plan
18
that
affect
farm
operations
on
property
of
institutions
having
19
programs
of
the
department
of
health
and
human
services.
20
8.
Pay
property
taxes
levied
against
land
leased
by
the
21
department
of
corrections
or
department
of
health
and
human
22
services
as
provided
in
section
427.1,
subsection
1
.
23
Sec.
1335.
Section
904.503,
Code
2023,
is
amended
to
read
24
as
follows:
25
904.503
Transfers
——
persons
with
mental
illness.
26
1.
a.
The
director
may
transfer
at
the
expense
of
the
27
department
an
inmate
of
one
institution
to
another
institution
28
under
the
director’s
control
if
the
director
is
satisfied
that
29
the
transfer
is
in
the
best
interests
of
the
institutions
or
30
inmates.
31
b.
The
director
may
transfer
at
the
expense
of
the
32
department
an
inmate
under
the
director’s
jurisdiction
from
any
33
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institution
supervised
by
the
director
to
another
institution
34
under
the
control
of
an
administrator
of
a
division
of
the
35
department
director
of
health
and
human
services
with
the
1
consent
and
approval
of
the
administrator
director
of
health
2
and
human
services
and
may
transfer
an
inmate
to
any
other
3
institution
for
mental
or
physical
examination
or
treatment
4
retaining
jurisdiction
over
the
inmate
when
so
transferred.
5
c.
If
the
juvenile
court
waives
its
jurisdiction
over
a
6
child
over
thirteen
and
under
eighteen
years
of
age
pursuant
7
to
section
232.45
so
that
the
child
may
be
prosecuted
as
an
8
adult
and
if
the
child
is
convicted
of
a
public
offense
in
the
9
district
court
and
committed
to
the
custody
of
the
director
10
under
section
901.7
,
the
director
may
request
transfer
of
the
11
child
to
the
state
training
school
under
this
section
.
If
12
the
administrator
of
a
division
of
the
department
director
of
13
health
and
human
services
consents
and
approves
the
transfer,
14
the
child
may
be
retained
in
temporary
custody
by
the
state
15
training
school
until
attaining
the
age
of
eighteen,
at
which
16
time
the
child
shall
be
returned
to
the
custody
of
the
director
17
of
the
department
of
corrections
to
serve
the
remainder
of
18
the
sentence
imposed
by
the
district
court.
If
the
child
19
becomes
a
security
risk
or
becomes
a
danger
to
other
residents
20
of
the
state
training
school
at
any
time
before
reaching
21
eighteen
years
of
age,
the
administrator
of
the
division
of
22
the
department
director
of
health
and
human
services
may
23
immediately
return
the
child
to
the
custody
of
the
director
of
24
the
department
of
corrections
to
serve
the
remainder
of
the
25
sentence.
26
2.
When
the
director
has
cause
to
believe
that
an
inmate
27
in
a
state
correctional
institution
is
mentally
ill,
the
28
Iowa
department
of
corrections
may
cause
the
inmate
to
be
29
transferred
to
the
Iowa
medical
and
classification
center,
30
or
to
another
appropriate
facility
within
the
department,
31
for
examination,
diagnosis,
or
treatment.
The
inmate
shall
32
be
confined
at
that
center
or
facility
or
a
state
hospital
33
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for
persons
with
mental
illness
health
institute
until
the
34
expiration
of
the
inmate’s
sentence
or
until
the
inmate
35
is
pronounced
in
good
mental
health.
If
the
inmate
is
1
pronounced
in
good
mental
health
before
the
expiration
of
the
2
inmate’s
sentence,
the
inmate
shall
be
returned
to
the
state
3
correctional
institution
until
the
expiration
of
the
inmate’s
4
sentence.
5
3.
When
the
director
has
reason
to
believe
that
a
prisoner
6
in
a
state
correctional
institution,
whose
sentence
has
7
expired,
is
mentally
ill,
the
director
shall
cause
examination
8
to
be
made
of
the
prisoner
by
competent
physicians
who
shall
9
certify
to
the
director
whether
the
prisoner
is
in
good
10
mental
health
or
mentally
ill.
The
director
may
make
further
11
investigation
and
if
satisfied
that
the
prisoner
is
mentally
12
ill,
the
director
may
cause
the
prisoner
to
be
transferred
13
to
one
of
the
hospitals
for
persons
with
mental
illness,
or
14
may
order
the
prisoner
to
be
confined
in
the
Iowa
medical
and
15
classification
center.
16
Sec.
1336.
Section
904.513,
subsection
1,
paragraph
b,
17
subparagraphs
(2)
and
(3),
Code
2023,
are
amended
to
read
as
18
follows:
19
(2)
Offenders
convicted
of
violating
chapter
321J
,
20
sentenced
to
the
custody
of
the
director,
and
awaiting
21
placement
in
a
community
residential
substance
abuse
use
22
disorder
treatment
program
for
such
offenders
shall
be
placed
23
in
an
institutional
substance
abuse
use
disorder
program
24
for
such
offenders
within
sixty
days
of
admission
to
the
25
institution
or
as
soon
as
practical.
When
placing
offenders
26
convicted
of
violating
chapter
321J
in
community
residential
27
substance
abuse
use
disorder
treatment
programs
for
such
28
offenders,
the
department
shall
give
priority
as
appropriate
29
to
the
placement
of
those
offenders
currently
in
institutional
30
substance
abuse
use
disorder
programs
for
such
offenders.
The
31
department
shall
work
with
each
judicial
district
to
enable
32
such
offenders
to
enter
community
residential
substance
abuse
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use
disorder
treatment
programs
at
a
level
comparable
to
their
34
prior
institutional
program
participation.
35
(3)
Assignment
shall
be
for
the
purposes
of
risk
1
management
and
substance
abuse
use
disorder
treatment
and
may
2
include
education
or
work
programs
when
the
offender
is
not
3
participating
in
other
program
components.
4
Sec.
1337.
Section
904.513,
subsection
3,
Code
2023,
is
5
amended
to
read
as
follows:
6
3.
The
department
shall
adopt
rules
for
the
implementation
7
of
this
section
.
The
rules
shall
include
the
requirement
8
that
the
treatment
programs
established
pursuant
to
this
9
chapter
meet
the
licensure
standards
of
the
department
of
10
public
health
and
human
services
under
chapter
125
.
The
rules
11
shall
also
include
provisions
for
the
funding
of
the
program
12
by
means
of
self-contribution
by
the
offenders,
insurance
13
reimbursement
on
behalf
of
offenders,
or
other
forms
of
14
funding,
program
structure,
criteria
for
the
evaluation
of
15
offenders
and
programs,
and
all
other
issues
the
director
shall
16
deem
appropriate.
17
Sec.
1338.
Section
904.514,
subsection
1,
Code
2023,
is
18
amended
to
read
as
follows:
19
1.
A
person
committed
to
an
institution
under
the
control
of
20
the
department
who
bites
another
person,
who
causes
an
exchange
21
of
bodily
fluids
with
another
person,
or
who
causes
any
bodily
22
secretion
to
be
cast
upon
another
person,
shall
submit
to
the
23
withdrawal
of
a
bodily
specimen
for
testing
to
determine
if
the
24
person
is
infected
with
a
contagious
infectious
disease.
The
25
bodily
specimen
to
be
taken
shall
be
determined
by
the
staff
26
physician
of
the
institution.
The
specimen
taken
shall
be
27
sent
to
the
state
hygienic
laboratory
at
the
state
university
28
at
Iowa
City
or
some
other
laboratory
approved
by
the
Iowa
29
department
of
public
health
and
human
services
.
If
a
person
30
to
be
tested
pursuant
to
this
section
refuses
to
submit
to
the
31
withdrawal
of
a
bodily
specimen,
application
may
be
made
by
the
32
superintendent
of
the
institution
to
the
district
court
for
an
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order
compelling
the
person
to
submit
to
the
withdrawal
and,
34
if
infected,
to
available
treatment.
An
order
authorizing
the
35
withdrawal
of
a
specimen
for
testing
may
be
issued
only
by
a
1
district
judge
or
district
associate
judge
upon
application
by
2
the
superintendent
of
the
institution.
3
Sec.
1339.
Section
904.706,
subsections
3,
4,
and
5,
Code
4
2023,
are
amended
to
read
as
follows:
5
3.
As
used
in
this
section
,
“department”
means
the
Iowa
6
department
of
corrections
and
the
Iowa
department
of
health
and
7
human
services.
8
4.
The
farm
operations
administrator
appointed
under
9
section
904.302
shall
perform
the
functions
described
under
10
section
904.302
for
agricultural
operations
on
property
of
the
11
Iowa
department
of
health
and
human
services.
12
5.
The
Iowa
department
of
health
and
human
services
shall
13
enter
into
an
agreement
under
chapter
28D
with
the
Iowa
14
department
of
corrections
to
implement
this
section
.
15
Sec.
1340.
Section
904.809,
subsection
5,
paragraph
c,
16
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
17
(1)
An
amount
which
the
inmate
may
be
legally
obligated
to
18
pay
for
the
support
of
the
inmate’s
dependents,
which
shall
19
be
paid
through
the
department
of
health
and
human
services
20
collection
services
center,
and
which
shall
include
an
amount
21
for
delinquent
child
support
not
to
exceed
fifty
percent
of
net
22
earnings.
23
Sec.
1341.
Section
904.905,
subsection
1,
paragraph
a,
Code
24
2023,
is
amended
to
read
as
follows:
25
a.
An
amount
the
inmate
may
be
legally
obligated
to
pay
for
26
the
support
of
the
inmate’s
dependents,
the
amount
of
which
27
shall
be
paid
to
the
dependents
through
the
department
of
28
health
and
human
services
office
or
unit
serving
the
county
or
29
city
in
which
the
dependents
reside
.
30
Sec.
1342.
Section
905.4,
subsection
9,
Code
2023,
is
31
amended
to
read
as
follows:
32
9.
Arrange,
by
contract
or
on
an
alternative
basis
mutually
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acceptable,
and
with
approval
of
the
director
of
the
Iowa
34
department
of
corrections
or
that
director’s
designee
for
35
utilization
of
existing
local
treatment
and
service
resources,
1
including
but
not
limited
to
employment,
job
training,
general,
2
special,
or
remedial
education;
psychiatric
and
marriage
3
counseling;
and
alcohol
and
drug
abuse
substance
use
disorder
4
treatment
and
counseling.
It
is
the
intent
of
this
chapter
5
that
a
district
board
shall
approve
the
development
and
6
maintenance
of
such
resources
by
its
own
staff
only
if
the
7
resources
are
otherwise
unavailable
to
the
district
department
8
within
reasonable
proximity
to
the
community
where
these
9
services
are
needed
in
connection
with
the
community-based
10
correctional
program.
11
Sec.
1343.
Section
905.12,
subsection
1,
paragraph
a,
Code
12
2023,
is
amended
to
read
as
follows:
13
a.
An
amount
the
resident
may
be
legally
obligated
to
pay
14
for
the
support
of
dependents,
which
shall
be
paid
to
the
15
dependents
directly
or
through
the
department
of
health
and
16
human
services
office
or
unit
serving
the
county
in
which
the
17
dependents
reside.
For
the
purpose
of
this
paragraph,
“legally
18
obligated”
means
under
a
court
order.
19
Sec.
1344.
Section
905.15,
subsection
2,
Code
2023,
is
20
amended
to
read
as
follows:
21
2.
A
person
under
supervision
of
a
district
department,
who
22
assaults
another
person
as
defined
in
section
708.1
,
by
biting,
23
casting
bodily
fluids,
or
acting
in
a
manner
that
results
in
24
the
exchange
of
bodily
fluids,
shall
submit
to
the
withdrawal
25
of
a
bodily
specimen
for
testing
to
determine
if
the
person
26
is
infected
with
a
contagious
infectious
disease.
The
bodily
27
specimen
to
be
taken
shall
be
determined
by
a
physician.
The
28
specimen
taken
shall
be
sent
to
the
state
hygienic
laboratory
29
at
the
state
university
at
Iowa
City
or
some
other
laboratory
30
approved
by
the
department
of
public
health
and
human
services
.
31
If
a
person
to
be
tested
pursuant
to
this
section
refuses
to
32
submit
to
the
withdrawal
of
a
bodily
specimen,
application
may
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be
made
by
the
director
to
the
district
court
for
an
order
34
compelling
the
person
to
submit
to
the
withdrawal
and,
if
35
infected,
to
available
treatment.
An
order
authorizing
the
1
withdrawal
of
a
specimen
for
testing
may
be
issued
only
by
a
2
district
judge
or
district
associate
judge
upon
application
by
3
the
director.
4
Sec.
1345.
Section
907.5,
subsection
1,
paragraph
e,
Code
5
2023,
is
amended
to
read
as
follows:
6
e.
The
defendant’s
mental
health
and
substance
abuse
7
use
disorder
history
and
treatment
options
available
in
the
8
community
and
the
correctional
system.
9
Sec.
1346.
Section
915.29,
Code
2023,
is
amended
to
read
as
10
follows:
11
915.29
Notification
of
victim
of
juvenile
by
department
of
12
health
and
human
services.
13
1.
The
department
of
health
and
human
services
shall
notify
14
a
registered
victim
regarding
a
juvenile
adjudicated
delinquent
15
for
a
violent
crime,
committed
to
the
custody
of
the
department
16
of
health
and
human
services,
and
placed
at
the
state
training
17
school,
of
the
following:
18
a.
The
date
on
which
the
juvenile
is
expected
to
be
19
temporarily
released
from
the
custody
of
the
department
of
20
health
and
human
services,
and
whether
the
juvenile
is
expected
21
to
return
to
the
community
where
the
registered
victim
resides.
22
b.
The
juvenile’s
escape
from
custody.
23
c.
The
recommendation
by
the
department
to
consider
the
24
juvenile
for
release
or
placement.
25
d.
The
date
on
which
the
juvenile
is
expected
to
be
released
26
from
a
facility
pursuant
to
a
plan
of
placement.
27
2.
The
notification
required
pursuant
to
this
section
28
may
occur
through
the
automated
victim
notification
system
29
referred
to
in
section
915.10A
to
the
extent
such
information
30
is
available
for
dissemination
through
the
system.
31
Sec.
1347.
Section
915.35,
subsection
4,
Code
2023,
is
32
amended
to
read
as
follows:
33
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4.
a.
A
child
protection
assistance
team
involving
the
34
county
attorney,
law
enforcement
personnel,
and
personnel
35
of
the
department
of
health
and
human
services
shall
be
1
established
for
each
county
by
the
county
attorney.
However,
2
by
mutual
agreement,
two
or
more
county
attorneys
may
3
establish
a
single
child
protection
assistance
team
to
cover
a
4
multicounty
area.
A
child
protection
assistance
team,
to
the
5
greatest
extent
possible,
may
be
consulted
in
cases
involving
a
6
forcible
felony
against
a
child
who
is
less
than
age
fourteen
7
in
which
the
suspected
offender
is
the
person
responsible
8
for
the
care
of
a
child,
as
defined
in
section
232.68
.
A
9
child
protection
assistance
team
may
also
be
utilized
in
cases
10
involving
a
violation
of
chapter
709
or
726
or
other
crime
11
committed
upon
a
victim
as
defined
in
subsection
1
.
12
b.
A
child
protection
assistance
team
may
also
consult
13
with
or
include
juvenile
court
officers,
medical
and
mental
14
health
professionals,
physicians
or
other
hospital-based
health
15
professionals,
court-appointed
special
advocates,
guardians
16
ad
litem,
and
members
of
a
multidisciplinary
team
created
by
17
the
department
of
health
and
human
services
for
child
abuse
18
investigations
assessments
.
A
child
protection
assistance
19
team
may
work
cooperatively
with
the
early
childhood
Iowa
area
20
board
established
under
chapter
256I
.
The
child
protection
21
assistance
team
shall
work
with
the
department
of
health
and
22
human
services
in
accordance
with
section
232.71B,
subsection
23
3
,
in
developing
the
protocols
for
prioritizing
the
actions
24
taken
in
response
to
child
abuse
assessments
and
for
law
25
enforcement
agencies
working
jointly
with
the
department
at
26
the
local
level
in
processes
for
child
abuse
assessments.
The
27
department
of
justice
may
provide
training
and
other
assistance
28
to
support
the
activities
of
a
child
protection
assistance
29
team.
30
Sec.
1348.
Section
915.37,
subsection
2,
Code
2023,
is
31
amended
to
read
as
follows:
32
2.
References
in
this
section
to
a
guardian
ad
litem
shall
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be
interpreted
to
include
references
to
a
court
appointed
34
special
advocate
as
defined
in
section
232.2
,
subsection
10
.
35
Sec.
1349.
Section
915.40,
subsection
5,
Code
2023,
is
1
amended
to
read
as
follows:
2
5.
“Department”
means
the
Iowa
department
of
public
health
3
and
human
services
.
4
Sec.
1350.
Section
915.45,
subsection
1,
Code
2023,
is
5
amended
to
read
as
follows:
6
1.
In
addition
to
any
other
information
required
to
be
7
released
under
chapter
229A
,
prior
to
the
discharge
of
a
person
8
committed
under
chapter
229A
,
the
director
of
health
and
human
9
services
shall
give
written
notice
of
the
person’s
discharge
10
to
any
living
victim
of
the
person’s
activities
or
crime
whose
11
address
is
known
to
the
director
or,
if
the
victim
is
deceased,
12
to
the
victim’s
family,
if
the
family’s
address
is
known.
13
Failure
to
notify
shall
not
be
a
reason
for
postponement
of
14
discharge.
Nothing
in
this
section
shall
create
a
cause
of
15
action
against
the
state
or
an
employee
of
the
state
acting
16
within
the
scope
of
the
employee’s
employment
as
a
result
of
17
the
failure
to
notify
pursuant
to
this
action.
18
Sec.
1351.
Section
915.46,
subsection
4,
paragraph
b,
Code
19
2023,
is
amended
to
read
as
follows:
20
b.
The
sexual
assault
forensic
examiner
program
shall
21
provide
didactic
and
clinical
training
opportunities
consistent
22
with
the
sexual
assault
forensic
examiner
education
guidelines
23
established
by
the
international
association
of
forensic
24
nurses,
in
collaboration
with
the
Iowa
department
of
public
25
health
and
human
services
and
the
Iowa
coalition
against
sexual
26
assault,
in
sufficient
numbers
and
geographical
locations
27
across
the
state
to
assist
treatment
facilities
with
training
28
sexual
assault
examiners
and
sexual
assault
nurse
examiners.
29
Sec.
1352.
Section
915.46,
subsections
5
and
6,
Code
2023,
30
are
amended
to
read
as
follows:
31
5.
The
sexual
assault
forensic
examiner
program,
in
32
collaboration
with
qualified
medical
providers,
the
Iowa
33
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department
of
public
health
and
human
services
,
and
the
34
Iowa
coalition
against
sexual
assault,
shall
create
uniform
35
materials
that
all
treatment
facilities
and
federally
1
qualified
health
centers
are
required
to
provide
to
patients
2
and
non-offending
parents
or
legal
guardians,
if
applicable,
3
regarding
medical
forensic
examination
procedures,
laws
4
regarding
consent
relating
to
medical
forensic
services,
and
5
the
benefits
and
risks
of
evidence
collection,
including
6
recommended
time
frames
for
evidence
collection
pursuant
7
to
evidence-based
research.
These
materials
shall
be
made
8
available
on
the
department
of
justice’s
internet
site
to
all
9
treatment
facilities
and
federally
qualified
health
centers.
10
6.
The
sexual
assault
forensic
examiner
program,
in
11
collaboration
with
qualified
medical
providers,
the
Iowa
12
department
of
public
health
and
human
services
,
and
the
Iowa
13
coalition
against
sexual
assault,
shall
create
and
update
14
statewide
sexual
assault
examiner
and
sexual
assault
nurse
15
examiner
protocols,
shall
provide
technical
assistance
upon
16
request
to
health
care
professionals,
and
shall
provide
17
expertise
on
best
practices
to
health
care
professionals
18
relating
to
sexual
assault
forensic
examinations.
19
Sec.
1353.
Section
915.46,
subsection
7,
paragraph
b,
Code
20
2023,
is
amended
to
read
as
follows:
21
b.
Members
of
the
advisory
committee
shall
include
staff
22
members
of
the
department
of
justice
managing
the
sexual
23
assault
forensic
examiner
program;
representatives
from
the
24
department
of
public
health
and
human
services
as
determined
25
by
the
director
to
be
appropriate,
the
Iowa
coalition
against
26
sexual
assault,
the
board
of
nursing,
and
other
constituencies
27
as
determined
by
the
department
of
justice
with
an
interest
in
28
sexual
assault
forensic
examinations;
and
the
hospital
medical
29
staff
person
involved
with
emergency
services
pursuant
to
30
section
915.82
.
31
Sec.
1354.
Section
915.83,
subsection
4,
Code
2023,
is
32
amended
to
read
as
follows:
33
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4.
Request
from
the
department
of
health
and
human
services,
34
the
department
of
workforce
development
and
its
division
of
35
workers’
compensation,
the
department
of
public
safety,
the
1
county
sheriff
departments,
the
municipal
police
departments,
2
the
county
attorneys,
or
other
public
authorities
or
agencies
3
reasonable
assistance
or
data
necessary
to
administer
the
crime
4
victim
compensation
program.
5
Sec.
1355.
Section
915.84,
subsections
4,
5,
and
6,
Code
6
2023,
are
amended
to
read
as
follows:
7
4.
Notwithstanding
subsection
3
,
a
victim
under
the
age
of
8
eighteen
or
dependent
adult
as
defined
in
section
235B.2
who
9
has
been
sexually
abused
or
subjected
to
any
other
unlawful
10
sexual
conduct
under
chapter
709
or
726
or
who
has
been
11
the
subject
of
a
forcible
felony
is
not
required
to
report
12
the
crime
to
the
local
police
department
or
county
sheriff
13
department
to
be
eligible
for
compensation
if
the
crime
was
14
allegedly
committed
upon
a
child
by
a
person
responsible
for
15
the
care
of
a
child,
as
defined
in
section
232.68,
subsection
16
8
,
or
upon
a
dependent
adult
by
a
caretaker
as
defined
17
in
section
235B.2
,
and
was
reported
to
an
employee
of
the
18
department
of
health
and
human
services
and
the
employee
19
verifies
the
report
to
the
department.
20
5.
When
immediate
or
short-term
medical
services
or
mental
21
health
services
are
provided
to
a
victim
under
section
915.35
,
22
the
department
of
health
and
human
services
shall
file
the
23
claim
for
compensation
as
provided
in
subsection
4
for
the
24
victim.
25
6.
When
immediate
or
short-term
medical
services
to
a
victim
26
are
provided
pursuant
to
section
915.35
by
a
professional
27
licensed
or
certified
by
the
state
to
provide
such
services,
28
the
professional
shall
file
the
claim
for
compensation,
29
unless
the
department
of
health
and
human
services
is
required
30
to
file
the
claim
under
this
section
.
The
requirement
to
31
report
the
crime
to
the
local
police
department
or
county
32
sheriff
department
under
subsection
3
does
not
apply
to
this
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subsection
.
34
Sec.
1356.
2020
Iowa
Acts,
chapter
1064,
section
16,
35
subsection
1,
paragraph
d,
subparagraph
(1),
is
amended
to
read
1
as
follows:
2
(1)
Any
debt,
which
is
assigned
to
the
department
of
health
3
and
human
services,
or
which
is
owed
to
the
department
of
4
health
and
human
services
for
unpaid
premiums
under
section
5
249A.3,
subsection
2
,
paragraph
“a”
,
subparagraph
(1),
or
6
which
the
child
support
recovery
unit
services
is
otherwise
7
attempting
to
collect,
or
which
the
foster
care
recovery
unit
8
services
of
the
department
of
health
and
human
services
is
9
attempting
to
collect
on
behalf
of
a
child
receiving
foster
10
care
provided
by
the
department
of
health
and
human
services.
11
Sec.
1357.
2021
Iowa
Acts,
chapter
1098,
section
92,
12
subsection
1,
is
amended
by
striking
the
subsection.
13
Sec.
1358.
REPEAL.
Chapter
136,
Code
2023,
is
repealed.
14
Sec.
1359.
REPEAL.
2022
Iowa
Acts,
chapter
1098,
section
15
68,
is
repealed.
16
Sec.
1360.
REPEAL.
Sections
135.2,
135.3,
135.6,
135.7,
17
135.8,
135.9,
135.10,
216A.2,
217.7,
217.9,
217.10,
217.15,
18
217.16,
217.17,
218.19,
218.20,
218.40,
218.53,
218.54,
222.6,
19
227.19,
231.22,
and
234.2,
Code
2023,
are
repealed.
20
Sec.
1361.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
is
21
directed
to
do
all
of
the
following:
22
1.
Make
changes
in
the
structure
of
any
Code
chapter
23
including
but
not
limited
to
chapter
titles
and
subtitles
to
24
correspond
with
the
changes
made
in
this
division
of
this
25
Act
in
consultation
with
the
department
of
health
and
human
26
services.
27
2.
Make
changes
in
any
Code
sections
amended
or
enacted
28
by
any
other
Act
to
correspond
with
the
changes
made
in
this
29
division
of
this
Act
if
there
appears
to
be
no
doubt
as
to
30
the
proper
method
of
making
the
changes
and
the
changes
would
31
not
be
contrary
to
or
inconsistent
with
the
purposes
of
this
32
division
of
this
Act
or
any
other
Act.
33
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3.
Correct
internal
references
in
the
Code
and
in
enacted
34
legislation
as
necessary
due
to
the
enactment
of
this
division
35
of
this
Act.
1
Sec.
1362.
CONTINGENT
EFFECTIVE
DATE.
The
following
takes
2
effect
on
the
effective
date
of
the
rules
adopted
by
the
3
department
of
revenue
pursuant
to
chapter
17A
implementing
2020
4
Iowa
Acts,
chapter
1064,
other
than
transitional
rules:
5
The
section
of
this
division
of
this
Act
amending
2020
Iowa
6
Acts,
chapter
1064.
7
DIVISION
II
8
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES
9
LIBRARY
SERVICES
10
Sec.
1363.
NEW
SECTION
.
8A.204
State
librarian.
11
1.
The
director
shall
appoint
the
state
librarian
who
12
shall
administer
the
duties
of
the
department
as
it
relates
to
13
library
services.
14
2.
The
state
librarian
shall
do
all
of
the
following:
15
a.
Organize,
staff,
and
administer
the
department
as
it
16
relates
to
library
services
so
as
to
render
the
greatest
17
benefit
to
libraries
in
the
state.
18
b.
Submit
a
biennial
report
to
the
governor
on
the
19
activities
and
an
evaluation
of
the
department
as
it
relates
to
20
library
services
and
its
programs
and
policies.
21
c.
Control
all
library
services-related
property
of
the
22
department.
The
state
librarian
may
dispose
of,
through
23
sale,
conveyance,
or
exchange,
any
library
materials
that
24
may
be
obsolete
or
worn
out
or
that
may
no
longer
be
needed
25
or
appropriate
to
the
mission
of
the
state
library
of
Iowa.
26
These
materials
may
be
sold
by
the
state
library
directly
or
27
the
library
may
sell
the
materials
by
consignment
with
an
28
outside
entity.
A
state
library
fund
is
created
in
the
state
29
treasury.
Proceeds
from
the
sale
of
the
library
materials
30
shall
be
remitted
to
the
treasurer
of
state
and
credited
to
the
31
state
library
fund
and
shall
be
used
for
the
purchase
of
books
32
and
other
library
materials.
Notwithstanding
section
8.33,
any
33
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balance
in
the
fund
on
June
30
of
any
fiscal
year
shall
not
34
revert
to
the
general
fund
of
the
state.
35
d.
Perform
other
duties
as
assigned
by
the
director
or
as
1
imposed
by
law.
2
Sec.
1364.
Section
256.1,
subsection
4,
Code
2023,
is
3
amended
by
striking
the
subsection.
4
Sec.
1365.
Section
256.7,
subsection
17,
Code
2023,
is
5
amended
by
striking
the
subsection.
6
Sec.
1366.
Section
256.50,
subsection
2,
Code
2023,
is
7
amended
by
striking
the
subsection.
8
Sec.
1367.
Section
256.51,
subsection
1,
unnumbered
9
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
10
The
division
of
library
services
is
attached
to
the
11
department
of
education
for
administrative
purposes.
The
state
12
librarian
shall
be
responsible
for
the
division’s
budgeting
13
and
related
management
functions
in
accordance
with
section
14
256.52,
subsection
3
.
The
division
department,
as
it
relates
15
to
library
services,
shall
do
all
of
the
following:
16
Sec.
1368.
Section
256.51,
subsection
1,
paragraph
e,
Code
17
2023,
is
amended
to
read
as
follows:
18
e.
Develop
and
approve
,
in
consultation
with
the
area
19
education
agency
media
centers
and
the
commission
,
a
biennial
20
unified
plan
of
service
and
service
delivery
for
the
division
21
of
library
services
department
.
22
Sec.
1369.
Section
256.51,
subsection
1,
Code
2023,
is
23
amended
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
m.
Provide
for
the
improvement
of
library
25
services
to
all
Iowa
citizens
and
foster
development
and
26
cooperation
among
libraries.
27
Sec.
1370.
Section
256.51,
subsection
2,
Code
2023,
is
28
amended
to
read
as
follows:
29
2.
The
division
department,
as
it
relates
to
library
30
services,
may
do
all
of
the
following:
31
a.
Enter
into
interstate
library
compacts
on
behalf
of
32
the
state
of
Iowa
with
any
state
which
legally
joins
in
the
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compacts
as
provided
in
section
256.70
.
34
b.
Receive
and
expend
money
for
providing
programs
and
35
services.
The
division
department
may
receive,
accept,
and
1
administer
any
moneys
appropriated
or
granted
to
it,
separate
2
from
the
general
library
fund,
by
the
federal
government
or
by
3
any
other
public
or
private
agency.
4
c.
Accept
gifts,
contributions,
bequests,
endowments,
5
or
other
moneys,
including
but
not
limited
to
the
Westgate
6
endowment
fund,
for
any
or
all
purposes
of
the
division
7
department
as
it
relates
to
library
services
.
Interest
earned
8
on
moneys
accepted
under
this
paragraph
shall
be
credited
to
9
the
fund
or
funds
to
which
the
gifts,
contributions,
bequests,
10
endowments,
or
other
moneys
have
been
deposited,
and
is
11
available
for
any
or
all
purposes
of
the
division
department
as
12
it
relates
to
library
services
.
The
division
department
shall
13
report
annually
to
the
commission
and
the
general
assembly
14
regarding
the
gifts,
contributions,
bequests,
endowments,
15
or
other
moneys
accepted
pursuant
to
this
paragraph
and
the
16
interest
earned
on
them.
17
Sec.
1371.
Section
256.52,
subsection
1,
paragraph
a,
18
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
19
follows:
20
The
state
commission
of
libraries
consists
of
one
member
21
appointed
by
the
supreme
court,
the
director
of
the
department
22
of
education,
or
the
director’s
designee
,
and
the
following
23
seven
members
who
shall
be
appointed
by
the
governor
to
serve
24
four-year
terms
beginning
and
ending
as
provided
in
section
25
69.19
.
26
Sec.
1372.
Section
256.52,
subsection
3,
Code
2023,
is
27
amended
by
striking
the
subsection.
28
Sec.
1373.
Section
256.52,
subsection
4,
Code
2023,
is
29
amended
to
read
as
follows:
30
4.
The
commission
shall
adopt
rules
under
chapter
17A
for
31
carrying
out
the
responsibilities
of
the
division
department
as
32
it
relates
to
library
services
duties
of
the
department
.
33
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Sec.
1374.
Section
256.52,
subsection
5,
Code
2023,
is
34
amended
by
striking
the
subsection
and
inserting
in
lieu
35
thereof
the
following:
1
5.
Advise
the
department
and
the
state
librarian
concerning
2
the
library
services
duties
of
the
department.
3
Sec.
1375.
Section
256.53,
Code
2023,
is
amended
to
read
as
4
follows:
5
256.53
State
publications.
6
Upon
issuance
of
a
state
publication
in
any
format,
a
7
state
agency
shall
provide
the
division
department
with
8
an
electronic
version
of
the
publication
at
no
cost
to
the
9
division
department
.
10
Sec.
1376.
Section
256.54,
subsection
2,
unnumbered
11
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
12
The
law
library
shall
be
administered
by
a
law
librarian
13
appointed
by
the
state
librarian
subject
to
chapter
8A,
14
subchapter
IV
,
who
shall
do
all
of
the
following:
15
Sec.
1377.
Section
256.55,
unnumbered
paragraph
1,
Code
16
2023,
is
amended
to
read
as
follows:
17
A
state
data
center
is
established
in
the
division
18
department
.
The
state
data
center
shall
be
administered
by
19
the
state
data
center
coordinator,
who
shall
do
all
of
the
20
following:
21
Sec.
1378.
Section
256.55,
subsection
3,
Code
2023,
is
22
amended
to
read
as
follows:
23
3.
Perform
other
duties
imposed
by
law
or
prescribed
by
the
24
commission
department
.
25
Sec.
1379.
Section
256.57,
Code
2023,
is
amended
to
read
as
26
follows:
27
256.57
Enrich
Iowa
program.
28
1.
An
enrich
Iowa
program
is
established
in
the
division
29
department
to
provide
direct
state
assistance
to
public
30
libraries,
to
support
the
open
access
and
access
plus
programs,
31
to
provide
public
libraries
with
an
incentive
to
improve
32
library
services
that
are
in
compliance
with
performance
33
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measures,
and
to
reduce
inequities
among
communities
in
the
34
delivery
of
library
services
based
on
performance
measures
35
adopted
by
rule
by
the
commission.
The
commission
shall
1
adopt
rules
governing
the
allocation
of
funds
appropriated
by
2
the
general
assembly
for
purposes
of
this
section
to
provide
3
direct
state
assistance
to
eligible
public
libraries.
A
public
4
library
is
eligible
for
funds
under
this
chapter
subchapter
if
5
it
is
in
compliance
with
the
commission’s
performance
measures.
6
2.
The
amount
of
direct
state
assistance
distributed
to
each
7
eligible
public
library
shall
be
based
on
the
following:
8
a.
The
level
of
compliance
by
the
eligible
public
library
9
with
the
performance
measures
adopted
by
the
commission
as
10
provided
in
this
section
.
11
b.
The
number
of
people
residing
within
an
eligible
12
library’s
geographic
service
area
for
whom
the
library
provides
13
services.
14
c.
The
amount
of
other
funding
the
eligible
public
library
15
received
in
the
previous
fiscal
year
for
providing
services
to
16
rural
residents
and
to
contracting
communities.
17
3.
Moneys
received
by
a
public
library
pursuant
to
this
18
section
shall
supplement,
not
supplant,
any
other
funding
19
received
by
the
library.
20
4.
For
purposes
of
this
section
,
“eligible
public
library”
21
means
a
public
library
that
meets
all
of
the
following
22
requirements:
23
a.
Submits
to
the
division
department
all
of
the
following:
24
(1)
The
report
provided
for
under
section
256.51,
25
subsection
1
,
paragraph
“h”
.
26
(2)
An
application
and
accreditation
report,
in
a
format
27
approved
by
the
commission
department
,
that
provides
evidence
28
of
the
library’s
compliance
with
at
least
one
level
of
the
29
standards
established
in
accordance
with
section
256.51,
30
subsection
1
,
paragraph
“k”
.
31
(3)
Any
other
application
or
report
the
division
department
32
deems
necessary
for
the
implementation
of
the
enrich
Iowa
33
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34
b.
Participates
in
the
library
resource
and
information
35
sharing
programs
established
by
the
state
library.
1
c.
Is
a
public
library
established
by
city
ordinance
or
a
2
library
district
as
provided
in
chapter
336
.
3
5.
Each
eligible
public
library
shall
maintain
a
4
separate
listing
within
its
budget
for
payments
received
and
5
expenditures
made
pursuant
to
this
section
,
and
shall
annually
6
submit
this
listing
to
the
division
department
.
7
6.
By
January
15,
annually,
the
division
department
shall
8
submit
a
program
evaluation
report
to
the
general
assembly
9
and
the
governor
detailing
the
uses
and
the
impacts
of
funds
10
allocated
under
this
section
.
11
7.
A
public
library
that
receives
funds
in
accordance
with
12
this
section
shall
have
an
internet
use
policy
in
place,
which
13
may
or
may
not
include
internet
filtering.
The
library
shall
14
submit
a
report
describing
the
library’s
internet
use
efforts
15
to
the
division
department
.
16
8.
A
public
library
that
receives
funds
in
accordance
17
with
this
section
shall
provide
open
access,
the
reciprocal
18
borrowing
program,
as
a
service
to
its
patrons,
at
a
19
reimbursement
rate
determined
by
the
state
library.
20
9.
Funds
appropriated
for
purposes
of
this
section
shall
not
21
be
used
by
the
division
department
for
administrative
purposes.
22
Sec.
1380.
Section
256.58,
Code
2023,
is
amended
to
read
as
23
follows:
24
256.58
Library
support
network.
25
1.
A
library
support
network
is
established
in
the
division
26
department
to
offer
services
and
programs
for
libraries,
27
including
but
not
limited
to
individualized,
locally
delivered
28
consulting
and
training,
and
to
facilitate
resource
sharing
and
29
innovation
through
the
use
of
technology,
administer
enrich
30
Iowa
programs,
advocate
for
libraries,
promote
excellence
31
and
innovation
in
library
services,
encourage
governmental
32
subdivisions
to
provide
local
financial
support
for
local
33
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libraries,
and
ensure
the
consistent
availability
of
quality
34
service
to
all
libraries
throughout
the
state,
regardless
of
35
location
or
size.
1
2.
The
organizational
structure
to
deliver
library
support
2
network
services
shall
include
district
offices.
The
district
3
offices
shall
serve
as
a
basis
for
providing
field
services
4
to
local
libraries
in
the
counties
comprising
the
district.
5
The
division
department
shall
determine
which
counties
are
6
served
by
each
district
office.
The
number
of
district
offices
7
established
to
provide
services
pursuant
to
this
section
shall
8
be
six.
9
Sec.
1381.
Section
256.59,
Code
2023,
is
amended
to
read
as
10
follows:
11
256.59
Specialized
library
services.
12
The
specialized
library
services
unit
is
established
in
13
the
division
department
to
provide
information
services
to
14
the
three
branches
of
state
government
and
to
offer
focused
15
information
services
to
the
general
public
in
the
areas
of
Iowa
16
law,
Iowa
state
documents,
and
Iowa
history
and
culture.
17
Sec.
1382.
Section
256.62,
subsections
1,
3,
and
4,
Code
18
2023,
are
amended
to
read
as
follows:
19
1.
The
state
librarian
shall
convene
a
library
services
20
advisory
panel
to
advise
and
recommend
to
the
commission
and
21
the
division
department
evidence-based
best
practices,
to
22
assist
the
commission
and
division
department
to
determine
23
service
priorities
and
launch
programs,
articulate
the
needs
24
and
interests
of
Iowa
librarians,
and
share
research
and
25
professional
development
information.
26
3.
The
library
services
advisory
panel
shall
meet
at
least
27
twice
annually
and
shall
submit
its
recommendations
in
a
report
28
to
the
commission
department
and
the
state
librarian
at
least
29
once
annually.
The
report
shall
be
timely
submitted
to
allow
30
for
consideration
of
the
recommendations
prior
to
program
31
planning
and
budgeting
for
the
following
fiscal
year.
32
4.
Members
of
the
library
services
advisory
panel
shall
33
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receive
actual
and
necessary
expenses
incurred
in
the
34
performance
of
their
duties.
Expenses
shall
be
paid
from
funds
35
appropriated
to
the
department
for
purposes
of
the
division
.
1
Sec.
1383.
Section
256.70,
unnumbered
paragraph
1,
Code
2
2023,
is
amended
to
read
as
follows:
3
The
division
of
library
services
of
the
department
of
4
education
is
hereby
authorized
to
enter
into
interstate
5
library
compacts
on
behalf
of
the
state
of
Iowa
with
any
state
6
bordering
on
Iowa
which
legally
joins
therein
in
substantially
7
the
following
form
and
the
contracting
states
agree
that:
8
Sec.
1384.
Section
256.71,
Code
2023,
is
amended
to
read
as
9
follows:
10
256.71
Administrator.
11
The
administrator
of
the
division
of
library
services
state
12
librarian
shall
be
the
compact
administrator.
The
compact
13
administrator
shall
receive
copies
of
all
agreements
entered
14
into
by
the
state
or
its
political
subdivisions
and
other
15
states
or
political
subdivisions;
consult
with,
advise
and
aid
16
such
governmental
units
in
the
formulation
of
such
agreements;
17
make
such
recommendations
to
the
governor,
legislature,
18
governmental
agencies
and
units
as
the
administrator
deems
19
desirable
to
effectuate
the
purposes
of
this
compact
and
20
consult
and
cooperate
with
the
compact
administrators
of
other
21
party
states.
22
Sec.
1385.
CODE
EDITOR
DIRECTIVE
——
LIBRARY
SERVICES.
23
1.
The
Code
editor
is
directed
to
make
the
following
24
transfers:
25
a.
Section
256.50
to
section
8A.201.
26
b.
Section
256.51
to
section
8A.202.
27
c.
Section
256.52
to
section
8A.203.
28
d.
Section
256.53
to
section
8A.205.
29
e.
Section
256.54
to
section
8A.206.
30
f.
Section
256.55
to
section
8A.207.
31
g.
Section
256.56
to
section
8A.208.
32
h.
Section
256.57
to
section
8A.209.
33
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i.
Section
256.58
to
section
8A.210.
34
j.
Section
256.59
to
section
8A.211.
35
k.
Section
256.62
to
section
8A.221.
1
l.
Section
256.69
to
section
8A.222.
2
m.
Section
256.70
to
section
8A.231.
3
n.
Section
256.71
to
section
8A.232.
4
o.
Section
256.72
to
section
8A.233.
5
p.
Section
256.73
to
section
8A.234.
6
2.
The
Code
editor
is
directed
to
rename
subchapter
II
and
7
designate
parts
in
chapter
8A
as
follows:
8
a.
Subchapter
II
shall
be
entitled
“Library
Services”
and
9
include
sections
8A.201
through
8A.234.
10
b.
Subchapter
II,
part
1,
shall
be
entitled
“General
11
Provisions”
and
include
sections
8A.201
through
8A.211.
12
c.
Subchapter
II,
part
2,
shall
be
entitled
“Library
13
Services
Advisory
Panel
and
Local
Financial
Support”
and
14
include
sections
8A.221
through
8A.222.
15
d.
Subchapter
II,
new
part
3,
shall
be
entitled
“Library
16
Compact”
and
include
sections
8A.231
through
8A.234.
17
3.
The
Code
editor
may
modify
subchapter
and
part
titles
if
18
necessary
and
is
directed
to
correct
internal
references
in
the
19
Code
as
necessary
due
to
enactment
of
this
section.
20
STATE
RECORDS
AND
ARCHIVES
21
Sec.
1386.
Section
163.37,
subsection
3,
Code
2023,
is
22
amended
to
read
as
follows:
23
3.
Such
records
shall
be
maintained
for
a
length
of
time
as
24
required
by
and
pursuant
to
chapter
305
8A,
subchapter
VI,
and
25
at
the
point
of
concentration
and
shall
be
made
available
for
26
inspection
by
the
department
at
reasonable
times.
27
Sec.
1387.
Section
305.1,
Code
2023,
is
amended
to
read
as
28
follows:
29
305.1
Citation.
30
This
chapter
subchapter
shall
be
known
and
may
be
cited
as
31
the
“State
Archives
and
Records
Act”
.
32
Sec.
1388.
Section
305.2,
unnumbered
paragraph
1,
Code
33
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2023,
is
amended
to
read
as
follows:
34
As
used
in
this
chapter
subchapter
,
unless
the
context
35
otherwise
requires:
1
Sec.
1389.
Section
305.3,
subsection
2,
Code
2023,
is
2
amended
by
striking
the
subsection.
3
Sec.
1390.
Section
305.3,
subsection
8,
Code
2023,
is
4
amended
to
read
as
follows:
5
8.
The
director
of
the
department
of
administrative
6
services
.
7
Sec.
1391.
Section
305.7,
Code
2023,
is
amended
to
read
as
8
follows:
9
305.7
Administration
Commission
administration
.
10
The
department
of
cultural
affairs
,
through
the
state
11
archives
and
records
program,
is
the
primary
agency
responsible
12
for
providing
administrative
personnel
and
services
for
the
13
commission.
14
Sec.
1392.
Section
305.8,
subsection
1,
paragraphs
e,
f,
and
15
g,
Code
2023,
are
amended
to
read
as
follows:
16
e.
Adopt
and
maintain
an
interagency
records
manual
17
containing
the
rules
governing
records
management,
as
well
as
18
records
series
retention
and
disposition
schedules,
guidelines,
19
and
other
information
relating
to
implementation
of
this
20
chapter
subchapter
.
21
f.
Make
recommendations,
in
consultation
with
the
department
22
of
administrative
services
,
to
the
governor
and
the
general
23
assembly
for
the
continued
reduction
of
printed
reports
24
throughout
state
government
in
a
manner
that
protects
the
25
public’s
right
to
access
such
reports.
26
g.
Provide
advice,
counsel,
and
services
to
the
legislative,
27
judicial,
and
executive
branch
agencies
subject
to
this
chapter
28
subchapter
on
the
care
and
management
of
state
government
29
records.
30
Sec.
1393.
Section
305.8,
subsection
2,
paragraph
a,
Code
31
2023,
is
amended
to
read
as
follows:
32
a.
Examine
records
in
the
possession,
constructive
33
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possession,
or
control
of
state
agencies
to
carry
out
the
34
purposes
of
this
chapter
subchapter
.
35
Sec.
1394.
Section
305.9,
subsection
1,
unnumbered
1
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
2
The
department
of
cultural
affairs
shall
do
all
of
the
3
following
as
it
relates
to
state
records
and
archives
:
4
Sec.
1395.
Section
305.9,
subsection
1,
paragraphs
a
and
j,
5
Code
2023,
are
amended
to
read
as
follows:
6
a.
Provide
Administer
the
state
archives
and
records
7
program
and
provide
administrative
support
to
the
state
records
8
commission
through
the
state
archives
and
records
program.
9
j.
Provide
advice,
counsel,
and
services
to
the
legislative,
10
judicial,
and
executive
branch
agencies
subject
to
this
chapter
11
subchapter
on
the
care
and
management
of
state
government
12
records.
13
Sec.
1396.
Section
305.9,
subsection
1,
paragraph
l,
14
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
15
(2)
Upon
request,
the
state
archivist
shall
make
a
certified
16
copy
of
any
record
in
the
legal
custody
or
in
the
physical
17
custody
of
the
state
archivist,
or
a
certified
transcript
of
18
any
record
if
reproduction
is
inappropriate
because
of
legal
or
19
physical
considerations.
If
a
copy
or
transcript
is
properly
20
authenticated,
it
has
the
same
legal
effect
as
though
certified
21
by
the
officer
from
whose
office
it
was
transferred
or
by
the
22
secretary
of
state.
The
department
of
cultural
affairs
shall
23
establish
reasonable
fees
for
certified
copies
or
certified
24
transcripts
of
records
in
the
legal
custody
or
physical
custody
25
of
the
state
archivist.
26
Sec.
1397.
Section
305.9,
subsection
2,
unnumbered
27
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
28
The
department
of
cultural
affairs
may
do
any
of
the
29
following
as
it
relates
to
state
records
and
archives
:
30
Sec.
1398.
Section
305.10,
subsection
1,
paragraphs
d
and
j,
31
Code
2023,
are
amended
to
read
as
follows:
32
d.
Comply
with
requests
from
the
state
records
commission
33
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or
the
state
archives
and
records
program
to
examine
records
34
in
the
possession,
constructive
possession,
or
control
of
the
35
agency
in
order
to
carry
out
the
purposes
of
this
chapter
1
subchapter
.
2
j.
Provide
for
compliance
with
this
chapter
subchapter
and
3
the
rules
adopted
by
the
state
records
commission.
4
Sec.
1399.
Section
305.14,
Code
2023,
is
amended
to
read
as
5
follows:
6
305.14
Liability
precluded.
7
No
member
of
the
commission
or
head
of
an
agency
shall
8
be
held
liable
for
damages
or
loss,
or
civil
or
criminal
9
liability,
because
of
the
destruction
of
public
records
10
pursuant
to
the
provisions
of
this
chapter
subchapter
or
any
11
other
law
authorizing
their
destruction.
12
Sec.
1400.
Section
305.15,
Code
2023,
is
amended
to
read
as
13
follows:
14
305.15
Exemptions
——
duties
of
state
department
of
15
transportation
and
state
board
of
regents.
16
The
state
department
of
transportation
and
the
agencies
and
17
institutions
under
the
control
of
the
state
board
of
regents
18
are
exempt
from
the
state
records
manual
and
the
provisions
19
of
this
chapter
subchapter
.
However,
the
state
department
of
20
transportation
and
the
state
board
of
regents
shall
adopt
rules
21
pursuant
to
chapter
17A
for
their
employees,
agencies,
and
22
institutions
that
are
consistent
with
the
objectives
of
this
23
chapter
subchapter
.
The
rules
shall
be
approved
by
the
state
24
records
commission.
25
Sec.
1401.
Section
305.16,
subsections
1
and
3,
Code
2023,
26
are
amended
to
read
as
follows:
27
1.
Membership.
The
board
shall
consist
of
nine
members
28
appointed
by
the
governor
for
three-year
staggered
terms.
29
Members
shall
be
eligible
for
reappointment.
The
members
shall
30
have
experience
in
a
field
of
research
or
an
activity
that
31
administers
or
makes
extensive
use
of
historical
records.
The
32
majority
of
the
members
shall
have
professional
qualifications
33
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and
experience
in
the
administration
of
government
records,
34
historical
records,
or
archives.
The
administrator
of
the
35
historical
division
of
the
department
of
cultural
affairs
1
director
shall
serve
as
an
ex
officio
member
of
the
board.
2
3.
Administration.
The
department
of
cultural
affairs
,
3
through
the
state
archives
and
records
program,
is
the
primary
4
agency
responsible
for
providing
administrative
personnel
and
5
services
for
the
board.
6
Sec.
1402.
CODE
EDITOR
DIRECTIVE
——
STATE
RECORDS
AND
7
ARCHIVES.
8
1.
The
Code
editor
is
directed
to
make
the
following
9
transfers:
10
a.
Section
305.1
to
section
8A.601.
11
b.
Section
305.2
to
section
8A.602.
12
c.
Section
305.3
to
section
8A.603.
13
d.
Section
305.4
to
section
8A.604.
14
e.
Section
305.5
to
section
8A.605.
15
f.
Section
305.6
to
section
8A.606.
16
g.
Section
305.7
to
section
8A.607.
17
h.
Section
305.8
to
section
8A.608.
18
i.
Section
305.9
to
section
8A.609.
19
j.
Section
305.10
to
section
8A.610.
20
k.
Section
305.11
to
section
8A.611.
21
l.
Section
305.12
to
section
8A.612.
22
m.
Section
305.13
to
section
8A.613.
23
n.
Section
305.14
to
section
8A.614.
24
o.
Section
305.15
to
section
8A.615.
25
p.
Section
305.16
to
section
8A.616.
26
2.
The
Code
editor
is
directed
to
create
a
new
subchapter
27
VI
in
chapter
8A
as
follows:
Subchapter
VI
shall
be
entitled
28
“State
Records
and
Archives”
and
include
sections
8A.601
29
through
8A.616.
30
3.
The
Code
editor
may
modify
subchapter
titles
if
necessary
31
and
is
directed
to
correct
internal
references
in
the
Code
as
32
necessary
due
to
enactment
of
this
section.
33
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HISTORICAL
RESOURCES
34
Sec.
1403.
NEW
SECTION
.
8A.702
Departmental
duties
——
35
historical
resources.
1
The
duties
of
the
department
as
it
relates
to
the
historical
2
resources
of
the
state
shall
include
all
of
the
following:
3
1.
Develop
a
comprehensive,
coordinated,
and
efficient
4
policy
to
preserve,
research,
interpret,
and
promote
to
the
5
public
an
awareness
and
understanding
of
local,
state,
and
6
regional
history.
7
2.
Administer
and
care
for
historical
sites
under
the
8
authority
of
the
department,
and
maintain
collections
within
9
these
buildings.
10
a.
Except
for
the
state
board
of
regents,
a
state
agency
11
which
owns,
manages,
or
administers
a
historical
site
must
12
enter
into
an
agreement
with
the
department
under
chapter
28E
13
to
ensure
the
proper
management,
maintenance,
and
development
14
of
the
site.
15
b.
For
the
purposes
of
this
section,
“historical
site”
16
means
any
district,
site,
building,
or
structure
listed
on
the
17
national
register
of
historic
sites
or
identified
as
eligible
18
for
such
status
by
the
state
historic
preservation
officer
19
or
that
is
identified
according
to
established
criteria
by
20
the
state
historic
preservation
officer
as
significant
in
21
national,
state,
and
local
history,
architecture,
engineering,
22
archaeology,
or
culture.
23
3.
Encourage
and
assist
local,
county,
and
state
24
organizations
and
museums
devoted
to
historical
purposes.
25
4.
Develop
standards
and
criteria
for
the
acquisition
of
26
historic
properties
and
for
the
preservation,
restoration,
27
maintenance,
operation,
and
interpretation
of
properties
under
28
the
jurisdiction
of
the
department.
29
5.
Implement
tourism-related
art
and
history
projects
as
30
directed
by
the
general
assembly.
31
6.
Encourage
the
use
of
volunteers
throughout
the
32
department
as
it
relates
to
the
historical
resources
of
33
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the
state,
especially
for
purposes
of
restoring
books
and
34
manuscripts.
35
7.
Publish
matters
of
historical
value
to
the
public.
1
8.
Buy
or
receive
by
other
means
historical
materials
2
including
but
not
limited
to
artifacts,
art,
books,
3
manuscripts,
and
images.
Such
materials
are
not
personal
4
property
under
sections
8A.321
and
8A.324
and
shall
be
5
received
and
cared
for
under
the
rules
of
the
department.
The
6
department
may
sell
or
otherwise
dispose
of
those
materials
7
according
to
the
rules
of
the
department
and
be
credited
for
8
any
revenues
credited
by
the
disposal
less
the
costs
incurred.
9
9.
Administer
the
historical
resource
development
program
10
established
in
section
8A.712.
11
10.
Administer,
preserve,
and
interpret
the
battle
12
flag
collection
assembled
by
the
state
in
consultation
and
13
coordination
with
the
department
of
veterans
affairs.
A
14
portion
of
the
battle
flag
collection
shall
be
on
display
at
15
the
state
capitol
and
the
state
historical
building
at
all
16
times,
unless
on
loan
approved
by
the
department.
17
11.
Establish,
maintain,
and
administer
a
digital
18
collection
of
historical
manuscripts,
documents,
records,
19
reports,
images,
and
artifacts
and
make
the
collection
20
available
to
the
public
through
an
online
research
center.
21
12.
Perform
such
duties
as
required
under
chapter
305B.
22
Sec.
1404.
Section
218.22,
Code
2023,
is
amended
to
read
as
23
follows:
24
218.22
Record
privileged.
25
Except
with
the
consent
of
the
administrator
in
charge
26
of
an
institution,
or
on
an
order
of
a
court
of
record,
the
27
record
provided
in
section
218.21
shall
be
accessible
only
to
28
the
administrator
of
the
division
of
the
department
of
human
29
services
in
control
of
such
institution,
the
director
of
the
30
department
of
human
services
and
to
assistants
and
proper
31
clerks
authorized
by
such
administrator
or
the
administrator’s
32
director.
The
administrator
of
the
division
of
such
33
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institution
is
authorized
to
permit
the
division
of
library
34
services
of
the
department
of
education
and
the
historical
35
division
of
the
department
of
cultural
affairs
administrative
1
services
to
copy
or
reproduce
by
any
photographic,
photostatic,
2
microfilm,
microcard
or
other
process
which
accurately
3
reproduces
a
durable
medium
for
reproducing
the
original
and
4
to
destroy
in
the
manner
described
by
law
such
records
of
5
residents
designated
in
section
218.21
.
6
Sec.
1405.
Section
303.5,
unnumbered
paragraph
1,
Code
7
2023,
is
amended
to
read
as
follows:
8
The
state
historical
society
administrator
director
may:
9
Sec.
1406.
Section
303.5,
subsection
1,
Code
2023,
is
10
amended
to
read
as
follows:
11
1.
Make
and
sign
any
agreements
and
perform
any
acts
which
12
are
necessary,
desirable,
or
proper
to
carry
out
the
purpose
13
of
the
division
department
as
it
relates
to
the
historical
14
resources
of
the
state
.
15
Sec.
1407.
Section
303.7,
Code
2023,
is
amended
by
striking
16
the
section
and
inserting
in
lieu
thereof
the
following:
17
303.7
State
historical
society.
18
1.
As
used
in
this
subchapter,
“state
historical
society”
19
means
a
membership
organization
of
the
department
that
is
open
20
to
members
of
the
general
public
who
are
interested
in
the
21
history
of
the
state.
22
2.
The
state
historical
society
board
of
trustees
shall
23
recommend
to
the
director
rules
for
membership
of
the
general
24
public
in
the
state
historical
society,
including
rules
25
relating
to
membership
fees.
Members
shall
be
persons
who
26
indicate
an
interest
in
the
history,
progress,
and
development
27
of
the
state
and
who
pay
the
prescribed
fee.
The
members
28
of
the
state
historical
society
may
meet
at
least
one
time
29
per
year
to
further
the
understanding
of
the
history
of
this
30
state.
The
members
of
the
society
shall
not
determine
policy
31
for
the
department
as
it
relates
to
the
historical
resources
32
of
the
state
but
may
advise
the
director
and
perform
functions
33
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to
stimulate
interest
in
the
history
of
this
state
among
the
34
general
public.
The
society
may
perform
other
activities
35
related
to
history
which
are
not
contrary
to
this
subchapter.
1
3.
Unless
designated
otherwise,
an
application
for
2
membership
in
the
state
historical
society,
or
a
gift,
bequest,
3
devise,
endowment,
or
grant
to
the
state
historical
society
or
4
the
department
as
it
relates
to
the
historical
resources
of
the
5
state
shall
be
presumed
to
be
to
or
in
the
department.
6
4.
Notwithstanding
section
633.63,
the
board
may
enter
into
7
agreements
authorizing
nonprofit
foundations
acting
solely
for
8
the
support
of
the
state
historical
society
or
the
department
9
to
administer
the
membership
program
of
the
state
historical
10
society
and
funds
of
the
state
historical
society
or
the
11
department
as
it
relates
to
the
historical
resources
of
the
12
state.
13
Sec.
1408.
Section
303.8,
subsection
1,
paragraphs
b
and
c,
14
Code
2023,
are
amended
to
read
as
follows:
15
b.
Make
recommendations
to
the
division
administrator
16
director
on
historically
related
matters.
17
c.
Review
and
recommend
to
the
director
or
the
director’s
18
designee
policy
decisions
regarding
the
division
department
as
19
it
relates
to
the
historical
resources
of
the
state
.
20
Sec.
1409.
Section
303.8,
Code
2023,
is
amended
by
adding
21
the
following
new
subsection:
22
NEW
SUBSECTION
.
3.
The
department
may:
23
a.
By
rule,
establish
advisory
groups
necessary
for
the
24
receipt
of
federal
funds
or
grants
or
the
administration
of
25
any
of
the
department’s
programs
relating
to
the
historical
26
resources
of
the
state.
27
b.
Develop
and
implement
fee-based
educational
programming
28
opportunities,
including
preschool
programs,
related
to
arts,
29
history,
and
other
cultural
matters
for
Iowans
of
all
ages.
30
Sec.
1410.
Section
303.9,
subsections
1
and
3,
Code
2023,
31
are
amended
to
read
as
follows:
32
1.
All
funds
received
by
the
department
relating
to
the
33
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historical
resources
of
the
state
,
including
but
not
limited
34
to
gifts,
endowments,
funds
from
the
sale
of
memberships
in
35
the
state
historical
society,
funds
from
the
sale
of
mementos
1
and
other
items
relating
to
Iowa
history
as
authorized
under
2
subsection
2
,
interest
generated
by
the
life
membership
3
trust
fund,
and
fees,
shall
be
credited
to
the
account
of
4
the
department
and
are
appropriated
to
the
department
to
5
be
invested
or
used
for
programs
and
purposes
under
the
6
authority
of
the
department
as
it
relates
to
the
historical
7
resources
of
the
state
.
Interest
earned
on
funds
credited
to
8
the
department,
except
funds
appropriated
to
the
department
9
from
the
general
fund
of
the
state,
shall
be
credited
to
the
10
department.
Section
8.33
does
not
apply
to
funds
credited
to
11
the
department
under
this
section
.
12
3.
Notwithstanding
section
633.63
,
the
state
historical
13
society
board
of
trustees
may
authorize
nonprofit
foundations
14
acting
solely
for
the
support
of
the
state
historical
society
15
of
Iowa
department
as
it
relates
to
the
historical
resources
of
16
the
state
to
accept
and
administer
trusts
deemed
by
the
board
17
to
be
beneficial
to
the
division’s
department’s
operations
18
under
this
subchapter
.
The
board
and
the
foundation
may
act
19
as
trustees
in
such
instances.
20
Sec.
1411.
Section
303.9A,
Code
2023,
is
amended
to
read
as
21
follows:
22
303.9A
Iowa
heritage
fund.
23
1.
An
Iowa
heritage
fund
is
created
in
the
state
treasury
24
to
be
administered
by
the
state
historical
society
department
.
25
The
fund
shall
consist
of
all
moneys
allocated
to
the
fund
by
26
the
treasurer
of
state.
27
2.
Moneys
in
the
fund
shall
be
used
in
accordance
with
the
28
following:
29
a.
Ninety
percent
shall
be
retained
by
the
state
historical
30
society
department
and
used
to
maintain
and
expand
Iowa’s
31
history
curriculum,
to
provide
teacher
training
in
Iowa
32
history,
and
to
support
museum
exhibits,
historic
sites,
and
33
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adult
education
programs.
34
b.
Five
percent
shall
be
retained
by
the
state
historical
35
society
department
to
be
used
for
start-up
costs
for
the
one
1
hundred
seventy-fifth
and
two
hundredth
anniversaries
of
Iowa
2
statehood.
3
c.
Five
percent
shall
be
retained
by
the
state
historical
4
society
department
to
be
used
for
the
promotion
of
the
sale
5
of
the
Iowa
heritage
registration
plate
issued
under
section
6
321.34
.
7
Sec.
1412.
Section
303.10,
Code
2023,
is
amended
to
read
as
8
follows:
9
303.10
Acceptance
and
use
of
money
grants.
10
All
federal
grants
to
and
the
federal
receipts
of
the
11
agencies
receiving
funds
under
this
chapter
subchapter
are
12
appropriated
for
the
purpose
set
forth
in
the
federal
grants
13
or
receipts.
14
Sec.
1413.
Section
303.11,
Code
2023,
is
amended
to
read
as
15
follows:
16
303.11
Gifts.
17
1.
The
division
department
may
accept
gifts
and
bequests
18
which
shall
be
used
in
accordance
with
the
desires
of
the
donor
19
if
expressed.
Funds
contained
in
an
endowment
fund
for
either
20
the
department
of
history
and
archives
or
the
state
historical
21
society
existing
on
July
1,
1974,
remain
an
endowment
of
the
22
division
department
.
Gifts
shall
be
accepted
only
on
behalf
23
of
the
division
department
,
and
gifts
to
a
part,
branch,
or
24
section
of
the
division
department
are
presumed
to
be
gifts
to
25
the
division
department
.
26
2.
If
publication
of
a
book
is
financed
by
the
endowment
27
fund,
this
chapter
subchapter
does
not
prevent
the
return
of
28
moneys
from
sales
of
the
book
to
the
endowment
fund.
29
Sec.
1414.
Section
303.16,
subsections
1
and
2,
Code
2023,
30
are
amended
to
read
as
follows:
31
1.
The
historical
division
department
shall
administer
a
32
program
of
grants
and
loans
for
historical
resource
development
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throughout
the
state,
subject
to
funds
for
such
grants
and
34
loans
being
made
available
through
the
appropriations
process
35
or
otherwise
provided
by
law.
1
2.
The
purpose
of
the
historical
resource
development
2
program
is
to
preserve,
conserve,
interpret,
and
enhance
3
historical
resources
that
will
encourage
and
support
the
4
economic
and
cultural
health
and
development
of
the
state
and
5
the
communities
in
which
the
resources
are
located.
For
this
6
purpose,
the
division
department
may
make
grants
and
loans
as
7
otherwise
provided
by
law
with
funds
as
may
be
made
available
8
by
applicable
law.
9
Sec.
1415.
Section
303.16,
subsection
6,
paragraphs
b,
f,
10
and
g,
Code
2023,
are
amended
to
read
as
follows:
11
b.
A
portion
of
the
applicant’s
operating
expenses
may
12
be
used
as
a
cash
match
or
in-kind
match
as
specified
by
the
13
division’s
department’s
rules.
14
f.
Grants
under
this
program
may
be
given
only
after
review
15
and
recommendation
by
the
state
historical
society
board
of
16
trustees.
The
division
department
may
contract
with
lending
17
institutions
chartered
in
this
state
to
act
as
agents
for
the
18
administration
of
loans
under
the
program,
in
which
case,
the
19
lending
institution
may
have
the
right
of
final
approval
of
20
loans,
subject
to
the
division’s
department’s
administrative
21
rules.
If
the
division
department
does
not
contract
with
22
a
lending
institution,
loans
may
be
made
only
after
review
23
and
recommendation
by
the
state
historical
society
board
of
24
trustees.
25
g.
The
division
department
shall
not
award
grants
or
loans
26
to
be
used
for
goods
or
services
obtained
outside
the
state,
27
unless
the
proposed
recipient
demonstrates
that
it
is
neither
28
feasible
nor
prudent
to
obtain
the
goods
or
services
within
the
29
state.
30
Sec.
1416.
Section
303.16,
subsections
8
and
9,
Code
2023,
31
are
amended
to
read
as
follows:
32
8.
The
division
department
may
use
ten
percent
of
the
annual
33
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appropriation
allocation
to
the
division
historical
resource
34
grant
and
loan
fund
established
in
this
section
pursuant
35
to
section
455A.19
,
but
in
no
event
more
than
seventy-five
1
thousand
dollars
,
for
administration
of
the
grant
and
loan
2
program.
3
9.
a.
(1)
The
division
department
may
establish
a
4
historical
resource
grant
and
loan
fund
composed
of
any
5
money
appropriated
by
the
general
assembly
for
that
purpose,
6
funds
allocated
pursuant
to
section
455A.19
,
and
of
any
other
7
moneys
available
to
and
obtained
or
accepted
by
the
division
8
department
from
the
federal
government
or
private
sources
for
9
placement
in
that
fund.
Each
loan
made
under
this
section
10
shall
be
for
a
period
not
to
exceed
ten
years,
shall
bear
11
interest
at
a
rate
determined
by
the
state
historical
board,
12
and
shall
be
repayable
to
the
revolving
loan
fund
in
equal
13
yearly
installments
due
March
1
of
each
year
the
loan
is
in
14
effect.
The
interest
rate
upon
loans
for
which
payment
is
15
delinquent
shall
accelerate
immediately
to
the
current
legal
16
usury
limit.
Applicants
are
eligible
for
not
more
than
one
17
hundred
thousand
dollars
in
loans
outstanding
at
any
time
under
18
this
program.
A
single
lending
institution
contracting
with
19
the
division
department
pursuant
to
this
section
shall
not
hold
20
more
than
five
hundred
thousand
dollars
worth
of
outstanding
21
loans
under
the
program.
22
(2)
Any
applicant,
who
is
otherwise
eligible,
who
receives
23
a
direct
or
indirect
appropriation
from
the
general
assembly
24
for
a
project
or
portion
of
a
project
is
ineligible
for
a
25
historical
resources
development
grant
for
that
same
project
26
during
the
fiscal
year
for
which
the
appropriation
is
made.
27
For
purposes
of
this
paragraph,
“project”
includes
any
related
28
activities,
including
but
not
limited
to
construction,
29
restoration,
supplies,
equipment,
consulting,
or
other
30
services.
31
b.
The
division
department
may:
32
(1)
Contract
and
adopt
administrative
rules
necessary
to
33
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carry
out
the
provisions
of
this
section
,
but
the
division
34
department
shall
not
in
any
manner
directly
or
indirectly
35
pledge
the
credit
of
the
state
of
Iowa.
1
(2)
Authorize
payment
from
the
historical
resource
grant
2
and
loan
fund,
from
fees
and
from
any
income
received
by
3
investments
of
money
in
the
fund
for
costs,
commissions,
4
attorney
fees
and
other
reasonable
expenses
related
to
5
and
necessary
for
making
and
protecting
direct
loans
under
6
this
section
,
and
for
the
recovery
of
moneys
loaned
or
the
7
management
of
property
acquired
in
connection
with
such
loans.
8
Sec.
1417.
Section
303.16,
subsection
10,
paragraph
b,
Code
9
2023,
is
amended
to
read
as
follows:
10
b.
A
country
schools
historical
resource
preservation
11
grant
program
is
therefore
established
to
be
administered
by
12
the
historical
division
department
for
the
preservation
of
13
one-room
and
two-room
buildings
once
used
as
country
schools.
14
In
developing
grant
approval
criteria,
the
division
department
15
shall
place
a
priority
on
the
educational
uses
planned
for
the
16
country
school
building,
which
may
include,
but
are
not
limited
17
to,
historical
interpretation
and
use
as
a
teaching
museum
or
18
as
an
operational
classroom
accessible
to
a
school
district
19
or
accredited
nonpublic
school
for
provisional
instructional
20
purposes.
21
Sec.
1418.
Section
305B.5,
Code
2023,
is
amended
to
read
as
22
follows:
23
305B.5
Notice
of
injury
or
loss.
24
A
museum
shall
give
a
lender
or
claimant
prompt
notice
of
25
any
known
injury
to
or
loss
of
property
on
loan
on
a
form
for
26
notice
of
injury
loss
adopted
by
rule
by
the
department
of
27
administrative
services
.
The
department
of
cultural
affairs
28
shall
adopt
by
rule
a
form
for
notice
of
injury
or
loss,
no
29
later
than
January
1,
1989,
and
shall
distribute
the
rule
30
and
form
to
all
identified
museums
in
Iowa
within
sixty
days
31
after
adoption
of
the
rule.
The
notice
shall
be
mailed
to
the
32
lender’s
or
claimant’s
last
known
address
in
event
of
injury
33
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or
loss
of
property
on
loan
to
the
museum.
Published
notice
of
34
injury
or
loss
of
undocumented
property
shall
not
be
required.
35
Sec.
1419.
Section
305B.8,
subsection
3,
Code
2023,
is
1
amended
to
read
as
follows:
2
3.
The
department
of
cultural
affairs
administrative
3
services
shall
adopt
by
rule
a
form
for
notice
of
intent
to
4
preserve
an
interest
in
property
on
loan
to
a
museum.
The
5
form
shall
satisfy
the
requirements
of
subsection
1
and
shall
6
notify
the
claimant
of
the
rights
and
procedures
to
preserve
an
7
interest
in
museum
property.
The
form
shall
also
facilitate
8
recordkeeping
and
record
retrieval
by
a
museum.
At
a
minimum
9
the
form
shall
provide
a
place
for
recording
evidence
of
10
receipt
of
a
notice
by
a
museum,
including
the
date
of
receipt,
11
signature
of
the
person
receiving
the
notice,
and
the
date
on
12
which
a
copy
of
the
receipt
is
returned
to
the
claimant.
13
Sec.
1420.
Section
305B.11,
subsection
2,
Code
2023,
is
14
amended
to
read
as
follows:
15
2.
The
department
of
cultural
affairs
administrative
16
services
may
by
rule
determine
the
minimum
form
and
substance
17
of
recordkeeping
by
museums
with
regard
to
museum
property
to
18
implement
this
chapter
.
19
Sec.
1421.
Section
321.34,
subsection
25,
paragraph
b,
Code
20
2023,
is
amended
to
read
as
follows:
21
b.
An
owner
referred
to
in
subsection
12
,
upon
written
22
application
to
the
department,
may
order
special
registration
23
plates
with
a
civil
war
sesquicentennial
processed
emblem.
The
24
special
plate
fees
collected
by
the
director
under
subsection
25
12
,
paragraphs
“a”
and
“c”
,
from
the
issuance
and
annual
26
validation
of
letter-number
designated
and
personalized
civil
27
war
sesquicentennial
plates
shall
be
paid
monthly
to
the
28
treasurer
of
state
and
deposited
in
the
road
use
tax
fund.
The
29
treasurer
of
state
shall
transfer
monthly
from
the
statutory
30
allocations
fund
created
under
section
321.145,
subsection
2
,
31
to
the
department
of
cultural
affairs
administrative
services
32
the
amount
of
the
special
fees
collected
under
subsection
33
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12
,
paragraph
“a”
,
in
the
previous
month
for
civil
war
34
sesquicentennial
plates,
and
such
funds
are
appropriated
to
the
35
department
of
cultural
affairs
administrative
services
to
be
1
used
for
the
Iowa
battle
flag
project.
2
Sec.
1422.
Section
423.3,
subsection
34,
Code
2023,
is
3
amended
to
read
as
follows:
4
34.
The
sales
price
from
sales
of
mementos
and
other
items
5
relating
to
Iowa
history
and
historic
sites
by
the
department
6
of
cultural
affairs
administrative
services
on
the
premises
of
7
property
under
its
control
and
at
the
state
capitol.
8
Sec.
1423.
Section
427.16,
subsection
7,
paragraph
b,
Code
9
2023,
is
amended
to
read
as
follows:
10
b.
A
historical
site
as
defined
in
section
303.2
8A.702
.
11
Sec.
1424.
Section
455A.19,
subsection
1,
paragraph
f,
Code
12
2023,
is
amended
to
read
as
follows:
13
f.
Five
percent
shall
be
allocated
to
the
historical
14
resource
grant
and
loan
fund
established
pursuant
to
section
15
303.16
.
The
department
of
cultural
affairs
administrative
16
services
shall
use
the
moneys
allocated
to
this
fund
to
17
implement
historical
resource
development
programs
as
provided
18
under
section
303.16
.
19
Sec.
1425.
Section
904.601,
subsection
1,
Code
2023,
is
20
amended
to
read
as
follows:
21
1.
The
director
shall
keep
the
following
record
22
of
every
person
committed
to
any
of
the
department’s
23
institutions:
Name,
residence,
sex,
age,
place
of
birth,
24
occupation,
civil
condition,
date
of
entrance
or
commitment,
25
date
of
discharge,
whether
a
discharge
is
final,
condition
of
26
the
person
when
discharged,
the
name
of
the
institutions
from
27
which
and
to
which
the
person
has
been
transferred,
and
if
the
28
person
is
dead,
the
date
and
cause
of
death.
The
director
may
29
permit
the
division
of
library
services
of
the
department
of
30
education
and
the
historical
division
of
the
department
of
31
cultural
affairs
administrative
services
to
copy
or
reproduce
32
by
any
photographic,
photostatic,
microfilm,
microcard,
or
33
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other
process
which
accurately
reproduces
in
a
durable
medium
34
and
to
destroy
in
the
manner
described
by
law
the
records
of
35
inmates
required
by
this
paragraph.
1
Sec.
1426.
2012
Iowa
Acts,
chapter
1136,
section
27,
2
subsection
1,
is
amended
to
read
as
follows:
3
1.
A
battle
flag
restoration
fund
is
created
and
established
4
as
a
separate
and
distinct
fund
in
the
state
treasury
under
the
5
control
of
the
department
of
cultural
affairs
administrative
6
services
.
The
moneys
in
the
fund
are
appropriated
to
the
7
department
for
purposes
of
continuing
the
project
recommended
8
by
the
Iowa
battle
flag
advisory
committee
to
stabilize
the
9
condition
of
the
battle
flag
collection.
Moneys
in
the
fund
10
shall
not
be
subject
to
appropriation
for
any
other
purpose
by
11
the
general
assembly,
but
shall
be
used
only
for
the
purposes
12
of
the
battle
flag
restoration
fund.
13
Sec.
1427.
CODE
EDITOR
DIRECTIVE
——
HISTORICAL
RESOURCES.
14
1.
The
Code
editor
is
directed
to
make
the
following
15
transfers:
16
a.
Section
303.4
to
section
8A.703.
17
b.
Section
303.5
to
section
8A.704.
18
c.
Section
303.6
to
section
8A.705.
19
d.
Section
303.7
to
section
8A.706.
20
e.
Section
303.8
to
section
8A.707.
21
f.
Section
303.9
to
section
8A.708.
22
g.
Section
303.9A
to
section
8A.709.
23
h.
Section
303.10
to
section
8A.710.
24
i.
Section
303.11
to
section
8A.711.
25
j.
Section
303.16
to
section
8A.712.
26
2.
The
Code
editor
is
directed
to
create
a
new
subchapter
27
VII
in
chapter
8A
as
follows:
Subchapter
VII
shall
be
entitled
28
“Historical
Resources”
and
include
sections
8A.702
through
29
8A.712.
30
3.
The
Code
editor
may
modify
subchapter
titles
if
necessary
31
and
is
directed
to
correct
internal
references
in
the
Code
as
32
necessary
due
to
enactment
of
this
section.
33
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DIVISION
III
34
DEPARTMENT
OF
INSPECTIONS,
APPEALS,
AND
LICENSING
35
ORGANIZATION
——
GENERAL
PROVISIONS
1
Sec.
1428.
Section
7E.5,
subsection
1,
paragraphs
d
and
h,
2
Code
2023,
are
amended
to
read
as
follows:
3
d.
The
department
of
inspections
,
and
appeals,
and
4
licensing,
created
in
section
10A.102
,
which
has
primary
5
responsibility
for
licensing,
administering
the
laws
6
relating
to
employment
safety,
labor
standards,
and
workers’
7
compensation,
and
coordinating
the
conducting
of
various
8
inspections,
investigations,
appeals,
hearings,
and
audits.
9
h.
The
department
of
workforce
development,
created
10
in
section
84A.1
,
which
has
primary
responsibility
for
11
administering
the
laws
relating
to
unemployment
compensation
12
insurance,
job
placement
and
training,
employment
safety,
labor
13
standards,
workers’
compensation,
and
related
matters.
14
Sec.
1429.
Section
10A.101,
subsections
2
and
3,
Code
2023,
15
are
amended
to
read
as
follows:
16
2.
“Department”
means
the
department
of
inspections
,
and
17
appeals
,
and
licensing
.
18
3.
“Director”
means
the
director
of
inspections
,
and
19
appeals
,
and
licensing
.
20
Sec.
1430.
Section
10A.102,
Code
2023,
is
amended
to
read
21
as
follows:
22
10A.102
Department
established.
23
The
department
of
inspections
,
and
appeals
,
and
licensing
is
24
established.
The
director
of
the
department
shall
be
appointed
25
by
the
governor
to
serve
at
the
pleasure
of
the
governor
26
subject
to
confirmation
by
the
senate
no
less
frequently
than
27
every
four
years,
whether
or
not
there
has
been
a
new
director
28
appointed
during
that
time.
If
the
office
becomes
vacant,
the
29
vacancy
shall
be
filled
in
the
same
manner
as
provided
for
the
30
original
appointment.
31
Sec.
1431.
Section
10A.103,
Code
2023,
is
amended
to
read
32
as
follows:
33
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10A.103
Purpose
of
the
department.
34
The
department
is
created
for
the
purpose
of
coordinating
35
and
conducting
various
audits,
appeals,
hearings,
inspections,
1
and
investigations
,
and
licensing
activities
related
to
the
2
operations
of
the
executive
branch
of
state
government
,
and
3
administering
the
laws
relating
to
employment
safety,
labor
4
standards,
and
workers’
compensation
.
5
Sec.
1432.
Section
10A.104,
subsections
2
and
5,
Code
2023,
6
are
amended
to
read
as
follows:
7
2.
Appoint
the
administrators
of
the
divisions
within
8
the
department
and
all
other
personnel
deemed
necessary
for
9
the
administration
of
this
chapter
,
except
the
state
public
10
defender,
assistant
state
public
defenders,
administrator
11
of
the
racing
and
gaming
commission,
labor
commissioner,
12
workers’
compensation
commissioner,
director
of
the
Iowa
13
state
civil
rights
commission,
and
members
of
the
employment
14
appeal
board
,
and
administrator
of
the
child
advocacy
board
15
created
in
section
237.16
.
All
persons
appointed
and
employed
16
in
the
department
are
covered
by
the
provisions
of
chapter
17
8A,
subchapter
IV
,
but
persons
not
appointed
by
the
director
18
are
exempt
from
the
merit
system
provisions
of
chapter
8A,
19
subchapter
IV
.
20
5.
Adopt
Except
for
rules
required
or
authorized
by
law
21
to
be
adopted
by
another
entity,
adopt
rules
deemed
necessary
22
for
the
implementation
and
administration
of
this
chapter
in
23
accordance
with
chapter
17A
.
24
Sec.
1433.
Section
10A.104,
Code
2023,
is
amended
by
adding
25
the
following
new
subsections:
26
NEW
SUBSECTION
.
15.
To
adopt
rules,
in
consultation
with
27
the
state
fire
marshal,
designating
a
fee
to
be
assessed
28
to
each
building,
structure,
or
facility
for
which
a
fire
29
safety
inspection
or
plan
review
is
required
by
law.
The
fee
30
designated
by
rule
shall
be
set
in
an
amount
that
is
reasonably
31
related
to
the
costs
of
conducting
the
applicable
inspection
32
or
plan
review.
The
fees
collected
shall
be
deposited
in
the
33
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general
fund
of
the
state.
34
NEW
SUBSECTION
.
16.
Serve
as
the
state
building
code
35
commissioner
pursuant
to
section
103A.4
and
administer
chapters
1
101,
101A,
101B,
103,
103A,
104A,
104B,
and
105.
2
NEW
SUBSECTION
.
17.
Establish,
publish,
and
enforce
3
rules
not
inconsistent
with
law
for
the
enforcement
of
those
4
provisions
of
Title
IV,
subtitle
2,
the
administration
and
5
supervision
of
which
are
imposed
upon
the
department.
6
NEW
SUBSECTION
.
18.
Enforce
the
law
relative
to
7
“Health-related
Professions”,
Title
IV,
subtitle
3,
excluding
8
chapter
147A.
9
NEW
SUBSECTION
.
19.
Regulate
and
supervise
real
estate
10
appraisers
under
chapter
543D
and
real
estate
appraisal
11
management
companies
under
chapter
543E.
12
Sec.
1434.
Section
10A.106,
Code
2023,
is
amended
to
read
13
as
follows:
14
10A.106
Divisions
of
the
department.
15
1.
The
department
is
comprised
of
the
following
divisions:
16
a.
Administrative
administrative
hearings
division
.
17
b.
Investigations
,
labor
services
division
.
18
c.
Health
facilities
,
workers’
compensation
division
,
and
19
other
divisions
as
appropriate
.
20
2.
The
allocation
of
departmental
duties
to
the
divisions
of
21
the
department
in
sections
10A.402
,
10A.702
,
sections
10A.202,
22
10A.301,
and
10A.801
does
not
prohibit
the
director
from
23
reallocating
departmental
duties
within
the
department.
24
Sec.
1435.
NEW
SECTION
.
10A.109
Statutory
board,
25
commission,
committee,
or
council
——
teleconference
option.
26
Any
statutorily
established
board,
commission,
committee,
27
or
council
established
under
the
purview
of
the
department
28
relative
to
“Health-related
Professions”,
Title
IV,
subtitle
29
3,
excluding
chapter
147A,
shall
provide
for
a
teleconference
30
option
for
board,
commission,
committee,
or
council
members
to
31
participate
in
official
meetings.
32
Sec.
1436.
Section
10A.402,
unnumbered
paragraph
1,
Code
33
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is
amended
to
read
as
follows:
34
The
administrator
director
shall
coordinate
the
division’s
35
department’s
conduct
of
various
audits
and
investigations
as
1
provided
by
law
including
but
not
limited
to
the
following:
2
Sec.
1437.
Section
10A.403,
Code
2023,
is
amended
to
read
3
as
follows:
4
10A.403
Investigators
——
peace
officer
status.
5
Investigators
of
the
division
department
shall
have
the
6
powers
and
authority
of
peace
officers
when
acting
within
the
7
scope
of
their
responsibilities
to
conduct
investigations
as
8
specified
in
section
10A.402,
subsection
5
.
An
investigator
9
shall
not
carry
a
weapon
to
perform
responsibilities
as
10
described
in
this
section
.
11
Sec.
1438.
Section
10A.601,
subsection
1,
Code
2023,
is
12
amended
to
read
as
follows:
13
1.
A
full-time
employment
appeal
board
is
created
within
the
14
department
of
inspections
,
and
appeals
,
and
licensing,
to
hear
15
and
decide
contested
cases
under
chapter
8A,
subchapter
IV
,
and
16
chapters
80
,
88
,
91C
,
96
,
and
97B
.
17
Sec.
1439.
Section
10A.702,
unnumbered
paragraph
1,
Code
18
2023,
is
amended
to
read
as
follows:
19
The
administrator
director
shall
coordinate
the
division’s
20
department’s
conduct
of
various
inspections
and
investigations
21
as
otherwise
provided
by
law
including,
but
not
limited
to,
all
22
of
the
following:
23
Sec.
1440.
Section
10A.702,
subsection
2,
Code
2023,
is
24
amended
to
read
as
follows:
25
2.
Inspections
and
other
licensing
procedures
relative
to
26
the
hospice
program,
hospitals,
and
health
care
facilities.
27
The
division
department
is
designated
as
the
sole
licensing
28
authority
for
these
programs
and
facilities.
29
Sec.
1441.
Section
10A.801,
subsection
1,
unnumbered
30
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
31
For
purposes
of
this
article
subchapter
,
unless
the
context
32
otherwise
requires:
33
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Sec.
1442.
Section
10A.801,
subsection
1,
paragraph
b,
Code
34
2023,
is
amended
to
read
as
follows:
35
b.
“Division”
means
the
administrative
hearings
division
of
1
the
department
of
inspections
,
and
appeals
,
and
licensing
.
2
Sec.
1443.
Section
84A.1,
subsection
3,
Code
2023,
is
3
amended
to
read
as
follows:
4
3.
a.
The
director
of
the
department
of
workforce
5
development
shall,
subject
to
the
requirements
of
section
6
84A.1B
,
prepare,
administer,
and
control
the
budget
of
the
7
department
and
its
divisions
and
shall
approve
the
employment
8
of
all
personnel
of
the
department
and
its
divisions.
9
b.
The
director
of
the
department
of
workforce
development
10
shall
direct
the
administrative
and
compliance
functions
and
11
control
the
docket
of
the
division
of
workers’
compensation.
12
Sec.
1444.
Section
84A.5,
subsections
4
and
5,
Code
2023,
13
are
amended
by
striking
the
subsections.
14
Sec.
1445.
REPEAL.
Sections
10A.401
and
10A.701,
Code
2023,
15
are
repealed.
16
Sec.
1446.
CODE
EDITOR
DIRECTIVE.
17
1.
The
Code
editor
is
directed
to
make
the
following
18
transfers:
19
a.
Section
135.61
to
section
10A.711.
20
b.
Section
135.62
to
section
10A.712.
21
c.
Section
135.63
to
section
10A.713.
22
d.
Section
135.64
to
section
10A.714.
23
e.
Section
135.65
to
section
10A.715.
24
f.
Section
135.66
to
section
10A.716.
25
g.
Section
135.67
to
section
10A.717.
26
h.
Section
135.68
to
section
10A.718.
27
i.
Section
135.69
to
section
10A.719.
28
j.
Section
135.70
to
section
10A.720.
29
k.
Section
135.71
to
section
10A.721.
30
l.
Section
135.72
to
section
10A.722.
31
m.
Section
135.73
to
section
10A.723.
32
n.
Section
135.74
to
section
10A.724.
33
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o.
Section
135.75
to
section
10A.725.
34
p.
Section
135.76
to
section
10A.726.
35
q.
Section
135.78
to
section
10A.727.
1
r.
Section
135.79
to
section
10A.728.
2
s.
Section
135.83
to
section
10A.729.
3
2.
The
Code
editor
is
directed
to
rename
and
retitle
article
4
I
of
chapter
10A
as
follows:
5
Subchapter
I
GENERAL
PROVISIONS
6
3.
The
Code
editor
is
directed
to
rename
and
retitle
article
7
IV
of
chapter
10A
as
follows:
8
Subchapter
IV
INVESTIGATIONS
9
4.
The
Code
editor
is
directed
to
rename
article
VI
of
10
chapter
10A
as
subchapter
VI.
11
5.
The
Code
editor
is
directed
to
rename
and
retitle
article
12
VII
of
chapter
10A
and
designate
parts
as
follows:
13
a.
Subchapter
VII
shall
be
entitled
HEALTH
FACILITIES
and
14
include
sections
10A.702
through
10A.729.
15
b.
Subchapter
VII,
part
1,
shall
be
entitled
GENERAL
16
PROVISIONS
and
include
section
10A.702.
17
c.
Subchapter
VII,
part
2,
shall
be
entitled
HEALTH
18
FACILITIES
COUNCIL
and
include
sections
10A.711
through
19
10A.729.
20
6.
The
Code
editor
is
directed
to
rename
article
VIII
of
21
chapter
10A
as
subchapter
VIII.
22
7.
The
Code
editor
shall
correct
internal
references
in
the
23
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
24
enactment
of
this
section.
25
LABOR
SERVICES
26
Sec.
1447.
NEW
SECTION
.
10A.200
Definitions.
27
As
used
in
this
subchapter,
unless
the
context
otherwise
28
requires:
29
1.
“Commissioner”
means
the
labor
commissioner
appointed
30
pursuant
to
section
10A.203,
or
the
commissioner’s
designee.
31
2.
“Division”
means
the
division
of
labor
services
of
the
32
department
of
inspections,
appeals,
and
licensing.
33
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Sec.
1448.
NEW
SECTION
.
10A.202
Labor
services
——
34
responsibilities.
35
1.
The
division
is
responsible
for
the
administration
of
1
the
laws
of
this
state
under
chapters
88
and
89B
and
sections
2
85.67A
and
85.68,
and
such
other
duties
assigned
to
the
3
division
or
commissioner.
The
executive
head
of
the
division
4
is
the
commissioner,
appointed
pursuant
to
section
10A.203.
5
2.
The
department
is
responsible
for
the
administration
of
6
the
laws
of
this
state
under
chapters
88A,
88B,
89,
89A,
90A,
7
91A,
91C,
91D,
91E,
92,
and
such
other
labor-services
duties
8
assigned
to
the
department
or
director.
9
Sec.
1449.
Section
73A.21,
subsection
1,
paragraphs
a
and
b,
10
Code
2023,
are
amended
by
striking
the
paragraphs.
11
Sec.
1450.
Section
73A.21,
subsections
5,
6,
8,
and
9,
Code
12
2023,
are
amended
to
read
as
follows:
13
5.
The
commissioner
director
and
the
division
department
14
shall
administer
and
enforce
this
section
,
and
the
commissioner
15
director
shall
adopt
rules
for
the
administration
and
16
enforcement
of
this
section
as
provided
in
section
91.6
.
17
6.
The
commissioner
director
shall
have
the
following
18
powers
and
duties
for
the
purposes
of
this
section
:
19
a.
The
commissioner
director
may
hold
hearings
and
20
investigate
charges
of
violations
of
this
section
.
21
b.
The
commissioner
director
may,
consistent
with
due
22
process
of
law,
enter
any
place
of
employment
to
inspect
23
records
concerning
labor
force
residency,
to
question
24
an
employer
or
employee,
and
to
investigate
such
facts,
25
conditions,
or
matters
as
are
deemed
appropriate
in
determining
26
whether
any
person
has
violated
the
provisions
of
this
section
.
27
The
commissioner
director
shall
only
make
such
an
entry
in
28
response
to
a
written
complaint.
29
c.
The
commissioner
director
shall
develop
a
written
30
complaint
form
applicable
to
this
section
and
make
it
available
31
in
division
department
offices
and
on
the
department
of
32
workforce
development’s
department’s
internet
site.
33
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d.
The
commissioner
director
may
sue
for
injunctive
relief
34
against
the
awarding
of
a
contract,
the
undertaking
of
a
public
35
improvement,
or
the
continuation
of
a
public
improvement
in
1
response
to
a
violation
of
this
section
.
2
e.
The
commissioner
director
may
investigate
and
ascertain
3
the
residency
of
a
worker
engaged
in
any
public
improvement
in
4
this
state.
5
f.
The
commissioner
director
may
administer
oaths,
take
6
or
cause
to
be
taken
deposition
of
witnesses,
and
require
7
by
subpoena
the
attendance
and
testimony
of
witnesses
and
8
the
production
of
all
books,
registers,
payrolls,
and
other
9
evidence
relevant
to
a
matter
under
investigation
or
hearing.
10
g.
The
commissioner
director
may
employ
qualified
personnel
11
as
are
necessary
for
the
enforcement
of
this
section
.
Such
12
personnel
shall
be
employed
pursuant
to
the
merit
system
13
provisions
of
chapter
8A,
subchapter
IV
.
14
h.
The
commissioner
director
shall
require
a
contractor
or
15
subcontractor
to
file,
within
ten
days
of
receipt
of
a
request,
16
any
records
enumerated
in
subsection
7
.
If
the
contractor
or
17
subcontractor
fails
to
provide
the
requested
records
within
ten
18
days,
the
commissioner
director
may
direct,
within
fifteen
days
19
after
the
end
of
the
ten-day
period,
the
fiscal
or
financial
20
office
charged
with
the
custody
and
disbursement
of
funds
of
21
the
public
body
that
contracted
for
construction
of
the
public
22
improvement
or
undertook
the
public
improvement,
to
immediately
23
withhold
from
payment
to
the
contractor
or
subcontractor
24
up
to
twenty-five
percent
of
the
amount
to
be
paid
to
the
25
contractor
or
subcontractor
under
the
terms
of
the
contract
26
or
written
instrument
under
which
the
public
improvement
is
27
being
performed.
The
amount
withheld
shall
be
immediately
28
released
upon
receipt
by
the
public
body
of
a
notice
from
29
the
commissioner
indicating
that
the
request
for
records
as
30
required
by
this
section
has
been
satisfied.
31
8.
Any
person
or
entity
that
violates
the
provisions
of
32
this
section
is
subject
to
a
civil
penalty
in
an
amount
not
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to
exceed
one
thousand
dollars
for
each
violation
found
in
34
a
first
investigation
by
the
division
department
,
not
to
35
exceed
five
thousand
dollars
for
each
violation
found
in
a
1
second
investigation
by
the
division
department
,
and
not
to
2
exceed
fifteen
thousand
dollars
for
a
third
or
subsequent
3
violation
found
in
any
subsequent
investigation
by
the
division
4
department
.
Each
violation
of
this
section
for
each
worker
and
5
for
each
day
the
violation
continues
constitutes
a
separate
and
6
distinct
violation.
In
determining
the
amount
of
the
penalty,
7
the
division
department
shall
consider
the
appropriateness
of
8
the
penalty
to
the
person
or
entity
charged,
upon
determination
9
of
the
gravity
of
the
violations.
The
collection
of
these
10
penalties
shall
be
enforced
in
a
civil
action
brought
by
the
11
attorney
general
on
behalf
of
the
division
department
.
12
9.
A
party
seeking
review
of
the
division’s
department’s
13
determination
pursuant
to
this
section
may
file
a
written
14
request
for
an
informal
conference.
The
request
must
be
15
received
by
the
division
department
within
fifteen
days
16
after
the
date
of
issuance
of
the
division’s
department’s
17
determination.
During
the
conference,
the
party
seeking
18
review
may
present
written
or
oral
information
and
arguments
19
as
to
why
the
division’s
department’s
determination
should
be
20
amended
or
vacated.
The
division
department
shall
consider
21
the
information
and
arguments
presented
and
issue
a
written
22
decision
advising
all
parties
of
the
outcome
of
the
conference.
23
Sec.
1451.
Section
91.2,
Code
2023,
is
amended
to
read
as
24
follows:
25
91.2
Appointment
Labor
commissioner
——
appointment
.
26
The
governor
shall
appoint,
subject
to
confirmation
by
the
27
senate,
a
labor
commissioner
who
shall
serve
for
a
period
of
28
six
years
beginning
and
ending
as
provided
in
section
69.19
at
29
the
pleasure
of
the
governor.
If
the
office
becomes
vacant,
30
the
vacancy
shall
be
filled
in
the
same
manner
as
provided
for
31
the
original
appointment
.
32
Sec.
1452.
Section
91.4,
Code
2023,
is
amended
to
read
as
33
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follows:
34
91.4
Duties
and
powers
——
labor
services
.
35
1.
The
duties
of
said
the
commissioner
or
director,
as
1
applicable,
pursuant
to
this
subchapter
shall
be
as
follows
:
2
a.
To
safely
keep
all
records,
papers,
documents,
3
correspondence,
and
other
property
pertaining
to
or
coming
into
4
the
commissioner’s
or
director’s
hands
by
virtue
of
the
office,
5
and
deliver
the
same
to
the
commissioner’s
or
director’s
6
successor,
except
as
otherwise
provided.
7
b.
To
collect,
assort,
and
systematize
statistical
details
8
relating
to
programs
of
the
division
of
labor
services
or
9
department
under
this
subchapter
.
10
c.
To
issue
from
time
to
time
bulletins
containing
11
information
of
importance
to
the
industries
of
the
state
and
12
to
the
safety
of
wage
earners.
13
d.
To
conduct
and
to
cooperate
with
other
interested
persons
14
and
organizations
in
conducting
educational
programs
and
15
projects
on
employment
safety.
16
e.
2.
To
The
commissioner
shall
serve
as
an
ex
officio
17
member
of
the
state
fire
service
and
emergency
response
council
18
created
in
section
100B.1
,
or
shall
appoint
a
designee
to
serve
19
as
an
ex
officio
member
of
such
council,
to
assist
the
council
20
in
the
development
of
rules
relating
to
fire
fighting
training
21
standards
and
any
other
issues
relating
to
occupational
safety
22
and
health
standards
for
fire
fighters.
23
2.
3.
The
director
of
the
department
of
workforce
24
development
,
in
consultation
with
the
labor
commissioner,
25
shall,
at
the
time
provided
by
law,
make
an
annual
report
to
26
the
governor
setting
forth
in
appropriate
form
the
business
and
27
expense
of
the
division
of
labor
services
and
department
under
28
this
subchapter
for
the
preceding
year,
the
number
of
remedial
29
actions
taken
under
chapter
89A
,
the
number
of
disputes
or
30
violations
processed
by
the
division
or
department
and
the
31
disposition
of
the
disputes
or
violations,
and
other
matters
32
pertaining
to
the
division
or
department
under
this
subchapter
33
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which
are
of
public
interest,
together
with
recommendations
for
34
change
or
amendment
of
the
laws
in
this
chapter
and
chapters
35
88
,
88A
,
88B
,
89
,
89A
,
89B
,
90A
,
91A
,
91C
,
91D
,
91E
,
and
1
92
,
and
94A
,
and
section
sections
85.67A,
and
85.68
,
and
the
2
recommendations,
if
any,
shall
be
transmitted
by
the
governor
3
to
the
first
general
assembly
in
session
after
the
report
is
4
filed.
5
3.
4.
The
commissioner
or
director,
as
applicable
,
with
the
6
assistance
of
the
office
of
the
attorney
general
if
requested
7
by
the
commissioner
or
director
,
may
commence
a
civil
action
8
in
any
court
of
competent
jurisdiction
to
enforce
the
statutes
9
under
the
commissioner’s
or
director’s
jurisdiction
under
this
10
subchapter
.
11
4.
5.
The
division
of
labor
services
or
department,
as
12
applicable,
may
sell
documents
printed
by
the
division
or
13
department
as
it
relates
to
this
subchapter
at
cost
according
14
to
rules
established
by
the
labor
commissioner
or
director
15
pursuant
to
chapter
17A
.
Receipts
from
the
sale
shall
be
16
deposited
to
the
credit
of
the
division
department
and
may
17
be
used
by
the
division
for
administrative
expenses
of
the
18
division
and
department
under
this
subchapter
.
19
5.
6.
Except
as
provided
in
chapter
91A
,
the
commissioner
20
or
director,
as
applicable,
may
recover
interest,
court
costs,
21
and
any
attorney
fees
incurred
in
recovering
any
amounts
due
22
under
this
subchapter
.
The
recovery
shall
only
take
place
23
after
final
agency
action
is
taken
under
chapter
17A
,
or
upon
24
judicial
review,
after
final
disposition
of
the
case
by
the
25
court.
Attorney
fees
recovered
in
an
action
brought
under
26
the
jurisdiction
of
the
commissioner
or
director
under
this
27
subchapter
shall
be
deposited
in
the
general
fund
of
the
state.
28
The
commissioner
is
and
director
are
exempt
from
the
payment
of
29
any
filing
fee
or
other
court
costs
including
but
not
limited
30
to
fees
paid
to
county
sheriffs.
31
6.
7.
The
commissioner
or
director
may
establish
rules
32
pursuant
to
chapter
17A
to
assess
and
collect
interest
on
fees,
33
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penalties,
and
other
amounts
due
the
division
or
department,
34
as
applicable,
under
this
subchapter
.
The
commissioner
or
35
director
may
delay
or,
following
written
notice,
deny
the
1
issuance
of
a
license,
commission,
registration,
certificate,
2
or
permit
authorized
under
chapter
88A
,
89
,
89A
,
90A
,
or
3
91C
,
or
94A
if
the
applicant
for
the
license,
commission,
4
registration,
certificate,
or
permit
owes
a
liquidated
debt
to
5
the
commissioner
or
director
.
6
Sec.
1453.
Section
91.5,
Code
2023,
is
amended
to
read
as
7
follows:
8
91.5
Other
duties
——
jurisdiction
in
general.
9
The
As
provided
by
this
subchapter,
the
commissioner
10
or
director
shall
have
jurisdiction
and
it
shall
be
the
11
commissioner’s
or
director’s
duty
to
supervise
the
enforcement
12
of:
13
1.
All
laws
relating
to
safety
appliances
and
inspection
14
thereof
and
health
conditions
in
manufacturing
and
mercantile
15
establishments,
workshops,
machine
shops,
other
industrial
16
concerns
within
the
commissioner’s
jurisdiction
and
sanitation
17
and
shelter
for
railway
employees.
18
2.
All
laws
of
the
state
relating
to
child
labor.
19
3.
All
laws
relating
to
employment
agencies.
20
4.
Such
other
provisions
of
law
as
are
now
or
shall
21
hereafter
be
relating
to
this
subchapter
within
the
22
commissioner’s
or
director’s
jurisdiction.
23
Sec.
1454.
Section
91.6,
Code
2023,
is
amended
to
read
as
24
follows:
25
91.6
Rules
Labor
commissioner
——
rules
.
26
The
commissioner
shall
adopt
rules
pursuant
to
chapter
17A
27
for
the
purpose
of
administering
this
chapter
and
all
other
28
chapters
under
the
commissioner’s
jurisdiction
as
provided
in
29
section
10A.202,
subsection
1
.
30
Sec.
1455.
Section
91.8,
Code
2023,
is
amended
to
read
as
31
follows:
32
91.8
Traveling
expenses.
33
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The
director,
commissioner,
inspectors
,
and
other
employees
34
of
the
office
division
or
department
shall
be
allowed
their
35
necessary
traveling
expenses
while
in
the
discharge
of
their
1
duties
under
this
subchapter
.
2
Sec.
1456.
Section
91.9,
Code
2023,
is
amended
to
read
as
3
follows:
4
91.9
Right
to
enter
premises.
5
The
labor
director,
commissioner
,
and
the
inspectors
shall
6
have
the
power
to
enter
any
factory
or
mill,
workshop,
mine,
7
store,
railway
facility,
including
locomotive
or
caboose,
8
business
house,
or
public
or
private
work,
when
the
same
is
9
open
or
in
operation,
for
the
purpose
of
gathering
facts
and
10
statistics
such
as
are
contemplated
by
this
chapter
subchapter
,
11
and
to
examine
into
the
methods
of
protection
from
danger
to
12
employees,
and
the
sanitary
conditions
in
and
around
such
13
buildings
and
places,
and
make
a
record
thereof.
14
Sec.
1457.
Section
91.10,
Code
2023,
is
amended
to
read
as
15
follows:
16
91.10
Power
to
secure
evidence.
17
The
labor
director
or
commissioner,
or
the
commissioner’s
18
designee
as
applicable
,
may
issue
subpoenas,
administer
19
oaths,
and
take
testimony
in
all
matters
relating
to
the
20
duties
required
of
them
the
director
or
commissioner
under
21
this
subchapter
.
Witnesses
subpoenaed
and
testifying
before
22
the
director
or
commissioner
or
the
commissioner’s
designee
23
shall
be
paid
the
same
fees
as
witnesses
under
section
622.69
,
24
payment
to
be
made
out
of
the
funds
appropriated
to
the
25
department
or
division
of
labor
services
,
as
applicable
.
26
Sec.
1458.
Section
91.11,
Code
2023,
is
amended
to
read
as
27
follows:
28
91.11
Prosecutions
for
violations
——
labor
services
.
29
1.
If
the
director
or
commissioner
learns
of
any
violation
30
of
any
law
administered
by
the
department
or
division
under
31
this
subchapter
,
the
director
or
commissioner
may
give
the
32
county
attorney
of
the
county
in
which
the
violation
occurred
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written
notice
of
the
facts,
whereupon
that
officer
shall
34
institute
the
proper
proceedings
against
the
person
charged
35
with
the
offense.
1
2.
If
the
director
or
commissioner
is
of
the
opinion
2
that
the
violation
is
not
willful,
or
is
an
oversight
or
of
3
a
trivial
nature,
the
director
or
commissioner
may
at
the
4
director’s
or
commissioner’s
discretion
fix
a
time
within
5
which
the
violation
shall
be
corrected
and
notify
the
owner,
6
operator,
superintendent,
or
person
in
charge.
If
the
7
violation
is
corrected
within
the
time
fixed,
then
the
director
8
or
commissioner
shall
not
cause
prosecution
to
be
begun.
9
Sec.
1459.
Section
91.15,
Code
2023,
is
amended
to
read
as
10
follows:
11
91.15
Definition
of
additional
terms.
12
The
expressions
“factory”
,
“mill”
,
“workshop”
,
“mine”
,
13
“store”
,
“railway”
,
“business
house”
,
and
“public
or
private
14
work”
,
as
used
in
this
chapter
subchapter
,
shall
be
construed
15
to
mean
any
factory,
mill,
workshop,
mine,
store,
railway,
16
business
house,
or
public
or
private
work,
where
wage
earners
17
are
employed
for
a
compensation.
18
Sec.
1460.
Section
91.16,
Code
2023,
is
amended
to
read
as
19
follows:
20
91.16
Violations
——
penalties.
21
Persons
violating
any
of
the
provisions
of
this
chapter
22
subchapter
shall
be
punished
as
in
this
section
provided,
23
respectively:
24
1.
Any
owner,
superintendent,
manager,
or
person
in
charge
25
of
any
factory,
mill,
workshop,
store,
mine,
hotel,
restaurant,
26
cafe,
railway,
business
house,
or
public
or
private
work,
who
27
shall
refuse
to
allow
the
labor
director,
commissioner
,
or
any
28
inspector
or
employee
of
the
department
or
division
of
labor
29
services
to
enter
the
same,
or
who
shall
hinder
or
deter
the
30
director,
commissioner,
inspector,
or
employee
in
collecting
31
information
which
it
is
that
person’s
duty
to
collect
shall
be
32
guilty
of
a
simple
misdemeanor.
33
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2.
Any
officer
or
employee
of
the
department
or
division
34
of
labor
services
,
or
any
person
making
unlawful
use
of
names
35
or
information
obtained
under
this
subchapter
by
virtue
of
the
1
person’s
office,
shall
be
guilty
of
a
serious
misdemeanor.
2
3.
Any
owner,
operator,
or
manager
of
a
factory,
mill,
3
workshop,
mine,
store,
railway,
business
house,
or
public
or
4
private
work,
who
shall
neglect
or
refuse
for
thirty
days
5
after
receipt
of
notice
from
the
director
or
commissioner
to
6
furnish
any
reports
or
returns
the
director
or
commissioner
may
7
require
to
enable
the
director
or
commissioner
to
discharge
the
8
director’s
or
commissioner’s
duties
under
this
subchapter
shall
9
be
guilty
of
a
simple
misdemeanor.
10
Sec.
1461.
REPEAL.
Section
91.1,
Code
2023,
is
repealed.
11
Sec.
1462.
CODE
EDITOR
DIRECTIVE.
12
1.
The
Code
editor
is
directed
to
make
the
following
13
transfers:
14
a.
Section
91.2
to
section
10A.203.
15
b.
Section
91.4
to
section
10A.204.
16
c.
Section
91.5
to
section
10A.205.
17
d.
Section
91.6
to
section
10A.206.
18
e.
Section
91.8
to
section
10A.207.
19
f.
Section
91.9
to
section
10A.208.
20
g.
Section
91.10
to
section
10A.209.
21
h.
Section
91.11
to
section
10A.210.
22
i.
Section
91.15
to
section
10A.201.
23
j.
Section
91.16
to
section
10A.211.
24
k.
Section
73A.21
to
section
8A.311B.
25
2.
The
Code
editor
is
directed
to
rename
article
II
in
26
chapter
10A
as
follows:
27
Article
II
shall
be
subchapter
II
and
shall
be
entitled
28
“Labor
Services”
and
include
sections
10A.200
through
10A.211.
29
3.
The
Code
editor
may
modify
subchapter
titles
if
necessary
30
and
is
directed
to
correct
internal
references
in
the
Code
as
31
necessary
due
to
enactment
of
this
section.
32
WORKERS’
COMPENSATION
33
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Sec.
1463.
NEW
SECTION
.
10A.301
Definitions.
34
As
used
in
this
subchapter,
unless
the
context
otherwise
35
requires:
1
1.
“Commissioner”
means
the
workers’
compensation
2
commissioner
appointed
pursuant
to
section
86.1,
or
the
3
commissioner’s
designee.
4
2.
“Division”
means
the
division
of
workers’
compensation
of
5
the
department
of
inspections,
appeals,
and
licensing.
6
Sec.
1464.
NEW
SECTION
.
10A.302
Workers’
compensation
——
7
responsibilities.
8
The
division
is
responsible
for
the
administration
of
the
9
laws
of
this
state
relating
to
workers’
compensation
under
this
10
subchapter
and
chapters
85,
85A,
85B,
and
87.
The
executive
11
head
of
the
division
is
the
workers’
compensation
commissioner,
12
appointed
pursuant
to
section
86.1.
13
Sec.
1465.
Section
86.1,
Code
2023,
is
amended
to
read
as
14
follows:
15
86.1
Workers’
compensation
commissioner
——
term
appointment
.
16
The
governor
shall
appoint,
subject
to
confirmation
by
the
17
senate,
a
workers’
compensation
commissioner
whose
term
of
18
office
who
shall
be
six
years
beginning
and
ending
as
provided
19
in
section
69.19
serve
at
the
pleasure
of
the
governor
.
The
20
workers’
compensation
commissioner
shall
maintain
an
office
21
at
the
seat
of
government.
If
the
office
becomes
vacant,
the
22
vacancy
shall
be
filled
in
the
same
manner
as
provided
for
the
23
original
appointment.
The
workers’
compensation
commissioner
24
must
be
a
lawyer
admitted
to
practice
in
this
state.
25
Sec.
1466.
Section
86.7,
Code
2023,
is
amended
to
read
as
26
follows:
27
86.7
Interest
in
affected
business.
28
It
shall
be
unlawful
for
the
commissioner
to
be
financially
29
interested
in
any
business
enterprise
coming
under
or
affected
30
by
this
chapter
subchapter
during
the
commissioner’s
term
of
31
office,
and
if
the
commissioner
violates
this
statute,
it
shall
32
be
sufficient
grounds
for
removal
from
office,
and
in
such
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case
the
governor
shall
at
once
declare
the
office
vacant
and
34
appoint
another
to
fill
the
vacancy.
35
Sec.
1467.
Section
86.8,
subsection
1,
paragraph
a,
Code
1
2023,
is
amended
to
read
as
follows:
2
a.
Adopt
and
enforce
rules
necessary
to
implement
this
3
chapter
subchapter
and
chapters
85
,
85A
,
85B
,
and
87
.
4
Sec.
1468.
Section
86.9,
subsections
1
and
2,
Code
2023,
are
5
amended
to
read
as
follows:
6
1.
The
director
of
the
department
of
workforce
development
,
7
in
consultation
with
the
commissioner,
shall,
at
the
time
8
provided
by
law,
make
an
annual
report
to
the
governor
setting
9
forth
in
appropriate
form
the
business
and
expense
of
the
10
division
of
workers’
compensation
for
the
preceding
year,
the
11
number
of
claims
processed
by
the
division
and
the
disposition
12
of
the
claims,
and
other
matters
pertaining
to
the
division
13
which
are
of
public
interest,
together
with
recommendations
14
for
change
or
amendment
of
the
laws
in
this
chapter
subchapter
15
and
chapters
85
,
85A
,
85B
,
and
87
,
and
the
recommendations,
if
16
any,
shall
be
transmitted
by
the
governor
to
the
first
general
17
assembly
in
session
after
the
report
is
filed.
18
2.
The
commissioner,
after
consultation
with
the
director
19
of
the
department
of
workforce
development
,
may
compile
an
20
annual
report
setting
forth
the
final
decisions,
rulings,
and
21
orders
of
the
division
for
the
preceding
year
and
setting
forth
22
other
matters
or
information
which
the
commissioner
considers
23
desirable
for
publication.
24
Sec.
1469.
Section
86.13,
subsection
1,
Code
2023,
is
25
amended
to
read
as
follows:
26
1.
If
an
employer
or
insurance
carrier
pays
weekly
27
compensation
benefits
to
an
employee,
the
employer
or
insurance
28
carrier
shall
file
with
the
workers’
compensation
commissioner
29
in
the
form
and
manner
required
by
the
workers’
compensation
30
commissioner
a
notice
of
the
commencement
of
the
payments.
31
The
payments
establish
conclusively
that
the
employer
and
32
insurance
carrier
have
notice
of
the
injury
for
which
benefits
33
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are
claimed
but
the
payments
do
not
constitute
an
admission
of
34
liability
under
this
chapter
subchapter
or
chapter
85
,
85A
,
or
35
85B
.
1
Sec.
1470.
Section
86.13,
subsection
4,
paragraph
a,
Code
2
2023,
is
amended
to
read
as
follows:
3
a.
If
a
denial,
a
delay
in
payment,
or
a
termination
of
4
benefits
occurs
without
reasonable
or
probable
cause
or
excuse
5
known
to
the
employer
or
insurance
carrier
at
the
time
of
6
the
denial,
delay
in
payment,
or
termination
of
benefits,
7
the
workers’
compensation
commissioner
shall
award
benefits
8
in
addition
to
those
benefits
payable
under
this
chapter
9
subchapter
,
or
chapter
85
,
85A
,
or
85B
,
up
to
fifty
percent
of
10
the
amount
of
benefits
that
were
denied,
delayed,
or
terminated
11
without
reasonable
or
probable
cause
or
excuse.
12
Sec.
1471.
Section
86.17,
Code
2023,
is
amended
to
read
as
13
follows:
14
86.17
Hearings
——
presiding
officer
——
venue.
15
1.
Notwithstanding
the
provisions
of
section
17A.11
,
16
the
workers’
compensation
commissioner
or
a
deputy
workers’
17
compensation
commissioner
shall
preside
over
any
contested
case
18
proceeding
brought
under
this
chapter
subchapter
,
or
chapter
19
85
,
85A
,
or
85B
in
the
manner
provided
by
chapter
17A
.
The
20
deputy
commissioner
or
the
commissioner
may
make
such
inquiries
21
in
contested
case
proceedings
as
shall
be
deemed
necessary,
so
22
long
as
such
inquiries
do
not
violate
any
of
the
provisions
of
23
section
17A.17
.
24
2.
Hearings
in
contested
case
proceedings
under
this
25
subchapter
and
chapters
85
,
and
85A
and
this
chapter
shall
be
26
held
in
the
judicial
district
where
the
injury
occurred.
By
27
written
stipulation
of
the
parties
or
by
the
order
of
a
deputy
28
workers’
compensation
commissioner
or
the
commissioner,
a
29
hearing
may
be
held
elsewhere.
If
the
injury
occurred
outside
30
this
state,
or
if
the
proceeding
is
not
one
for
benefits
31
resulting
from
an
injury,
hearings
shall
be
held
in
Polk
county
32
or
as
otherwise
stipulated
by
the
parties
or
by
order
of
a
33
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deputy
workers’
compensation
commissioner
or
the
workers’
34
compensation
commissioner.
35
Sec.
1472.
Section
86.18,
subsection
1,
Code
2023,
is
1
amended
to
read
as
follows:
2
1.
Evidence,
process
and
procedure
in
contested
case
3
proceedings
or
appeal
proceedings
within
the
agency
under
this
4
chapter,
subchapter
and
chapters
85
and
85A
shall
be
as
summary
5
as
practicable
consistent
with
the
requirements
of
chapter
17A
.
6
Sec.
1473.
Section
86.19,
subsection
1,
Code
2023,
is
7
amended
to
read
as
follows:
8
1.
The
workers’
compensation
commissioner,
or
a
deputy
9
commissioner,
may
appoint
or
may
direct
a
party
to
furnish
at
10
the
party’s
initial
expense
a
certified
shorthand
reporter
11
to
be
present
and
report,
or
to
furnish
mechanical
means
12
to
record,
and
if
necessary,
transcribe
proceedings
of
any
13
contested
case
under
this
chapter,
subchapter
and
chapters
85
14
and
85A
and
fix
the
reasonable
amount
of
compensation
for
such
15
service.
The
charges
shall
be
taxed
as
costs
and
the
party
16
initially
paying
the
expense
of
the
presence
or
transcription
17
shall
be
reimbursed.
The
reporter
shall
faithfully
and
18
accurately
report
the
proceedings.
19
Sec.
1474.
Section
86.24,
subsection
1,
Code
2023,
is
20
amended
to
read
as
follows:
21
1.
Any
party
aggrieved
by
a
decision,
order,
ruling,
finding
22
or
other
act
of
a
deputy
commissioner
in
a
contested
case
23
proceeding
arising
under
this
chapter
subchapter
or
chapter
85
24
or
85A
may
appeal
to
the
workers’
compensation
commissioner
25
in
the
time
and
manner
provided
by
rule.
The
hearing
on
an
26
appeal
shall
be
in
Polk
county
unless
the
workers’
compensation
27
commissioner
shall
direct
the
hearing
be
held
elsewhere.
28
Sec.
1475.
Section
86.26,
subsection
1,
Code
2023,
is
29
amended
to
read
as
follows:
30
1.
Judicial
review
of
decisions
or
orders
of
the
workers’
31
compensation
commissioner
may
be
sought
in
accordance
32
with
chapter
17A
.
Notwithstanding
chapter
17A
,
the
Iowa
33
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administrative
procedure
Act,
petitions
for
judicial
review
34
may
be
filed
in
the
district
court
of
the
county
in
which
the
35
hearing
under
section
86.17
was
held,
the
workers’
compensation
1
commissioner
shall
transmit
to
the
reviewing
court
the
original
2
or
a
certified
copy
of
the
entire
record
of
the
contested
case
3
which
is
the
subject
of
the
petition
within
thirty
days
after
4
receiving
written
notice
from
the
party
filing
the
petition
5
that
a
petition
for
judicial
review
has
been
filed,
and
an
6
application
for
stay
of
agency
action
during
the
pendency
of
7
judicial
review
shall
not
be
filed
in
the
division
of
workers’
8
compensation
of
the
department
of
workforce
development
9
but
shall
be
filed
with
the
district
court.
Such
a
review
10
proceeding
shall
be
accorded
priority
over
other
matters
11
pending
before
the
district
court.
12
Sec.
1476.
Section
86.29,
Code
2023,
is
amended
to
read
as
13
follows:
14
86.29
The
judicial
review
petition.
15
Notwithstanding
chapter
17A
,
the
Iowa
administrative
16
procedure
Act,
in
a
petition
for
judicial
review
of
a
decision
17
of
the
workers’
compensation
commissioner
in
a
contested
case
18
under
this
chapter
subchapter
or
chapter
85
,
85A
,
85B
,
or
87
,
19
the
opposing
party
shall
be
named
the
respondent,
and
the
20
agency
shall
not
be
named
as
a
respondent.
21
Sec.
1477.
Section
86.39,
Code
2023,
is
amended
to
read
as
22
follows:
23
86.39
Fees
——
approval.
24
1.
All
fees
or
claims
for
legal,
medical,
hospital,
and
25
burial
services
rendered
under
this
chapter
subchapter
and
26
chapters
85
,
85A
,
85B
,
and
87
are
subject
to
the
approval
of
27
the
workers’
compensation
commissioner.
For
services
rendered
28
in
the
district
court
and
appellate
courts,
the
attorney
fee
is
29
subject
to
the
approval
of
a
judge
of
the
district
court.
30
2.
An
attorney
shall
not
recover
fees
for
legal
services
31
based
on
the
amount
of
compensation
voluntarily
paid
or
agreed
32
to
be
paid
to
an
employee
for
temporary
or
permanent
disability
33
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under
this
chapter
subchapter
,
or
chapter
85
,
85A
,
85B
,
or
34
87
.
An
attorney
shall
only
recover
a
fee
based
on
the
amount
35
of
compensation
that
the
attorney
demonstrates
would
not
have
1
been
paid
to
the
employee
but
for
the
efforts
of
the
attorney.
2
Any
disputes
over
the
recovery
of
attorney
fees
under
this
3
subsection
shall
be
resolved
by
the
workers’
compensation
4
commissioner.
5
Sec.
1478.
Section
86.43,
Code
2023,
is
amended
to
read
as
6
follows:
7
86.43
Judgment
——
modification.
8
Upon
the
presentation
to
the
court
of
a
file-stamped
copy
9
of
a
decision
of
the
workers’
compensation
commissioner,
10
ending,
diminishing,
or
increasing
the
compensation
under
the
11
provisions
of
this
chapter
subchapter
,
the
court
shall
revoke
12
or
modify
the
decree
or
judgment
to
conform
to
such
decision.
13
Sec.
1479.
Section
86.44,
Code
2023,
is
amended
to
read
as
14
follows:
15
86.44
Confidentiality.
16
1.
All
verbal
or
written
information
relating
to
the
subject
17
matter
of
an
agreement
and
transmitted
between
any
party
to
18
a
dispute
and
a
mediator
to
resolve
a
dispute
pursuant
to
19
this
chapter
subchapter
or
chapter
85
,
85A
,
or
85B
,
during
20
any
stage
of
a
mediation
or
a
dispute
resolution
process
21
conducted
by
a
mediator
as
provided
in
this
section
,
whether
22
reflected
in
notes,
memoranda,
or
other
work
products
in
the
23
case
files,
is
a
confidential
communication
except
as
otherwise
24
expressly
provided
in
this
chapter
.
Mediators
involved
in
25
a
mediation
or
a
dispute
resolution
process
shall
not
be
26
examined
in
any
judicial
or
administrative
proceeding
regarding
27
confidential
communications
and
are
not
subject
to
judicial
or
28
administrative
process
requiring
the
disclosure
of
confidential
29
communications.
30
2.
For
purposes
of
this
section
,
“mediator”
means
a
chief
31
deputy
workers’
compensation
commissioner
or
deputy
workers’
32
compensation
commissioner
acting
in
the
capacity
to
resolve
a
33
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dispute
pursuant
to
this
chapter
subchapter
or
chapter
85
,
85A
,
34
or
85B
,
or
an
employee
of
the
division
of
workers’
compensation
35
involved
during
any
stage
of
a
process
to
resolve
a
dispute.
1
Sec.
1480.
CODE
EDITOR
DIRECTIVE.
2
1.
The
Code
editor
is
directed
to
make
the
following
3
transfers:
4
a.
Section
86.1
to
section
10A.303.
5
b.
Section
86.2
to
section
10A.304.
6
c.
Section
86.3
to
section
10A.305.
7
d.
Section
86.4
to
section
10A.306.
8
e.
Section
86.5
to
section
10A.307.
9
f.
Section
86.6
to
section
10A.308.
10
g.
Section
86.7
to
section
10A.309.
11
h.
Section
86.8
to
section
10A.310.
12
i.
Section
86.9
to
section
10A.311.
13
j.
Section
86.10
to
section
10A.312.
14
k.
Section
86.11
to
section
10A.313.
15
l.
Section
86.12
to
section
10A.314.
16
m.
Section
86.13
to
section
10A.315.
17
n.
Section
86.13A
to
section
10A.316.
18
o.
Section
86.14
to
section
10A.317.
19
p.
Section
86.17
to
section
10A.318.
20
q.
Section
86.18
to
section
10A.319.
21
r.
Section
86.19
to
section
10A.320.
22
s.
Section
86.24
to
section
10A.321.
23
t.
Section
86.26
to
section
10A.322.
24
u.
Section
86.27
to
section
10A.323.
25
v.
Section
86.29
to
section
10A.324.
26
w.
Section
86.32
to
section
10A.325.
27
x.
Section
86.38
to
section
10A.326.
28
y.
Section
86.39
to
section
10A.327.
29
z.
Section
86.40
to
section
10A.328.
30
aa.
Section
86.41
to
section
10A.329.
31
ab.
Section
86.42
to
section
10A.330.
32
ac.
Section
86.43
to
section
10A.331.
33
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ad.
Section
86.44
to
section
10A.332.
34
ae.
Section
86.45
to
section
10A.333.
35
2.
The
Code
editor
is
directed
to
rename
article
III
in
1
chapter
10A
as
follows:
2
Article
III
shall
be
subchapter
III
and
shall
be
entitled
3
“Workers’
Compensation”
and
include
sections
10A.301
through
4
10A.333.
5
3.
The
Code
editor
may
modify
subchapter
titles
if
necessary
6
and
is
directed
to
correct
internal
references
in
the
Code
as
7
necessary
due
to
enactment
of
this
section.
8
LICENSING
AND
REGULATION
ACTIVITIES
9
Sec.
1481.
NEW
SECTION
.
10A.502
Responsibilities.
10
The
director
shall
coordinate
the
department’s
conduct
of
11
various
licensing
and
regulatory
functions
of
the
state
under
12
the
administrative
authority
of
the
department
including
but
13
not
limited
to
all
of
the
following:
14
1.
Licensing
and
regulation
of
certain
fire
control
and
15
building
code-related
activities
and
professions.
16
2.
Licensing
and
regulation
of
certain
health-related
17
professions.
18
3.
Licensing
and
regulation
of
certain
business
and
19
commerce-related
professions.
20
Sec.
1482.
NEW
SECTION
.
10A.511
Fire
control
duties.
21
The
duties
of
the
director
as
it
relates
to
fire
control
22
shall
be
as
follows:
23
1.
To
enforce
all
laws,
and
the
rules
and
regulations
of
the
24
department
concerned
with
all
of
the
following:
25
a.
The
prevention
of
fires.
26
b.
The
storage,
transportation,
handling,
and
use
of
27
flammable
liquids,
combustibles,
fireworks,
and
explosives.
28
c.
The
storage,
transportation,
handling,
and
use
of
liquid
29
petroleum
gas.
30
d.
The
electric
wiring
and
heating,
and
adequate
means
of
31
exit
in
case
of
fire,
from
churches,
schools,
hotels,
theaters,
32
amphitheaters,
asylums,
hospitals,
health
care
facilities
as
33
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defined
in
section
135C.1,
college
buildings,
lodge
halls,
34
public
meeting
places,
and
all
other
structures
in
which
35
persons
congregate
from
time
to
time,
whether
publicly
or
1
privately
owned.
2
2.
To
promote
fire
safety
and
reduction
of
loss
by
fire
3
through
educational
methods.
4
3.
To
promulgate
fire
safety
rules
in
consultation
with
the
5
state
fire
marshal.
The
director
shall
have
exclusive
right
6
to
promulgate
fire
safety
rules
as
they
apply
to
enforcement
7
or
inspection
requirements
by
the
department,
but
the
rules
8
shall
be
promulgated
pursuant
to
chapter
17A.
Wherever
by
9
any
statute
the
director
or
the
department
is
authorized
10
or
required
to
promulgate,
proclaim,
or
amend
rules
and
11
minimum
standards
regarding
fire
hazards
or
fire
safety
or
12
protection
in
any
establishment,
building,
or
structure,
the
13
rules
and
standards
shall
promote
and
enforce
fire
safety,
14
fire
protection,
and
the
elimination
of
fire
hazards
as
the
15
rules
may
relate
to
the
use,
occupancy,
and
construction
16
of
the
buildings,
establishments,
or
structures.
The
word
17
“construction”
shall
include
but
is
not
limited
to
electrical
18
wiring,
plumbing,
heating,
lighting,
ventilation,
construction
19
materials,
entrances
and
exits,
and
all
other
physical
20
conditions
of
the
building
which
may
affect
fire
hazards,
21
safety,
or
protection.
The
rules
and
minimum
standards
shall
22
be
in
substantial
compliance
except
as
otherwise
specifically
23
provided
in
this
chapter,
with
the
standards
of
the
national
24
fire
protection
association
relating
to
fire
safety
as
25
published
in
the
national
fire
codes.
26
4.
To
adopt
rules
designating
a
fee
to
be
assessed
to
27
each
building,
structure,
or
facility
for
which
a
fire
safety
28
inspection
or
plan
review
by
the
director
is
required
by
law.
29
The
fee
designated
by
rule
shall
be
set
in
an
amount
that
is
30
reasonably
related
to
the
costs
of
conducting
the
applicable
31
inspection
or
plan
review.
The
fees
collected
by
the
32
department
shall
be
deposited
in
the
general
fund
of
the
state.
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5.
To
administer
the
fire
extinguishing
system
contractor,
34
alarm
system
contractor,
and
alarm
system
installer
35
certification
program
established
in
chapter
100C.
1
6.
To
order
the
suspension
of
the
use
of
consumer
fireworks,
2
display
fireworks,
or
novelties,
as
described
in
section
727.2,
3
if
the
state
fire
marshal
determines
that
the
use
of
such
4
devices
would
constitute
a
threat
to
public
safety.
5
Sec.
1483.
NEW
SECTION
.
10A.512
Inspections.
6
The
director,
and
the
director’s
designated
subordinates,
7
in
the
performance
of
their
duties
under
this
part,
shall
have
8
authority
to
enter
any
building
or
premises
and
to
examine
the
9
same
and
the
contents
thereof.
10
Sec.
1484.
NEW
SECTION
.
10A.533
Enforcement.
11
1.
If
any
local
board,
as
defined
in
section
135.1,
shall
12
fail
to
enforce
the
rules
of
the
department
under
this
part
or
13
carry
out
the
department’s
lawful
directions
under
this
part,
14
the
department
may
enforce
the
same
within
the
territorial
15
jurisdiction
of
such
local
board,
and
for
that
purpose
it
may
16
exercise
all
of
the
powers
given
by
statute
to
the
local
board,
17
and
may
employ
the
necessary
assistants
to
carry
out
its
lawful
18
directions.
19
2.
All
expenses
incurred
by
the
department
in
determining
20
whether
its
rules
are
enforced
by
a
local
board
under
this
21
part,
and
in
enforcing
the
same
when
a
local
board
has
failed
22
to
do
so,
shall
be
paid
in
the
same
manner
as
the
expenses
of
23
enforcing
such
rules
when
enforced
by
the
local
board.
24
3.
All
peace
officers
of
the
state
when
called
upon
by
the
25
department
shall
enforce
the
department’s
rules
under
this
part
26
and
execute
the
lawful
orders
of
the
department
under
this
part
27
within
their
respective
jurisdictions.
28
Sec.
1485.
NEW
SECTION
.
10A.534
Penalties.
29
1.
Any
person
who
knowingly
violates
any
provision
of
this
30
part,
or
of
the
rules
of
the
department
under
this
part,
or
31
any
lawful
order,
written
or
oral,
of
the
department
or
of
its
32
officers,
or
authorized
agents
under
this
part,
shall
be
guilty
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of
a
simple
misdemeanor.
34
2.
Any
person
resisting
or
interfering
with
the
department,
35
its
employees,
or
authorized
agents,
in
the
discharge
of
any
1
duty
imposed
by
law
under
this
part
shall
be
guilty
of
a
simple
2
misdemeanor.
3
Sec.
1486.
Section
12.83,
Code
2023,
is
amended
to
read
as
4
follows:
5
12.83
School
infrastructure
fund
moneys
——
state
fire
marshal
6
allocation
to
department
of
inspections,
appeals,
and
licensing
.
7
During
the
term
of
the
school
infrastructure
program
8
established
in
section
292.2
,
up
to
fifty
thousand
dollars
9
of
the
moneys
deposited
each
fiscal
year
in
the
school
10
infrastructure
fund
shall
be
allocated
each
fiscal
year
to
the
11
department
of
public
safety
inspections,
appeals,
and
licensing
12
for
the
use
of
the
state
fire
marshal
department
.
The
funds
13
shall
be
used
by
the
state
fire
marshal
department
solely
14
for
the
purpose
of
retaining
an
architect
or
architectural
15
firm
to
evaluate
structures
for
which
school
infrastructure
16
program
grant
applications
are
made,
to
consult
with
school
17
district
representatives,
to
review
construction
drawings
and
18
blueprints,
and
to
perform
related
duties
at
the
direction
of
19
the
state
fire
marshal
department
to
ensure
the
best
possible
20
use
of
moneys
received
by
a
school
district
under
the
school
21
infrastructure
program.
The
state
fire
marshal
department
22
shall
provide
for
the
review
of
plans,
drawings,
and
blueprints
23
in
a
timely
manner.
24
Sec.
1487.
Section
72.5,
subsection
2,
Code
2023,
is
amended
25
to
read
as
follows:
26
2.
The
director
of
the
economic
development
authority,
27
in
consultation
with
the
department
of
management
,
and
the
28
state
building
code
commissioner,
and
state
fire
marshal,
shall
29
develop
standards
and
methods
to
evaluate
design
development
30
documents
and
construction
documents
based
upon
life
cycle
cost
31
factors
to
facilitate
fair
and
uniform
comparisons
between
32
design
proposals
and
informed
decision
making
by
public
bodies.
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Sec.
1488.
Section
88A.11,
subsection
2,
Code
2023,
is
34
amended
to
read
as
follows:
35
2.
A
concession
booth,
amusement
device
or
ride
which
is
1
owned
and
operated
by
a
nonprofit
religious,
educational
or
2
charitable
institution
or
association
if
such
booth,
device
or
3
ride
is
located
within
a
building
subject
to
inspection
by
the
4
state
fire
marshal
director
or
by
any
political
subdivisions
5
of
the
state
under
its
building,
fire,
electrical,
and
related
6
public
safety
ordinances.
7
Sec.
1489.
Section
100.1,
subsections
3,
4,
5,
6,
and
7,
8
Code
2023,
are
amended
by
striking
the
subsections.
9
Sec.
1490.
Section
100.1,
subsection
8,
Code
2023,
is
10
amended
to
read
as
follows:
11
8.
To
recommend
to
the
director
of
the
department
of
12
inspections,
appeals,
and
licensing,
that
the
director
order
13
the
suspension
of
the
use
of
consumer
fireworks,
display
14
fireworks,
or
novelties,
as
described
in
section
727.2
,
if
the
15
fire
marshal
determines
that
the
use
of
such
devices
would
16
constitute
a
threat
to
public
safety.
17
Sec.
1491.
Section
100.11,
Code
2023,
is
amended
to
read
as
18
follows:
19
100.11
Fire
escapes.
20
It
shall
be
the
duty
of
the
fire
marshal
director
to
enforce
21
all
laws
relating
to
fire
escapes.
22
Sec.
1492.
Section
100.12,
Code
2023,
is
amended
to
read
as
23
follows:
24
100.12
Authority
for
inspection
——
orders.
25
The
chief
of
a
fire
department
or
an
authorized
subordinate
26
who
is
trained
in
fire
prevention
safety
standards
may
enter
27
a
building
or
premises
at
a
reasonable
hour
to
examine
the
28
building
or
premises
and
its
contents.
The
examining
official
29
shall
order
the
correction
of
a
condition
which
is
in
violation
30
of
this
chapter
,
a
rule
adopted
under
this
chapter
,
or
a
31
city
or
county
fire
safety
ordinance.
The
order
shall
be
32
in
writing
or,
if
the
danger
is
imminent,
orally
followed
by
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a
written
order.
The
examining
official
shall
enforce
the
34
order
in
accordance
with
the
applicable
law
or
ordinance.
At
35
the
request
of
the
examining
official
the
state
fire
marshal
1
director
may
assist
in
an
enforcement
action.
2
Sec.
1493.
Section
100.13,
Code
2023,
is
amended
to
read
as
3
follows:
4
100.13
Violations
——
orders.
5
1.
If
a
person
has
violated
or
is
violating
a
provision
of
6
this
chapter
or
a
rule
adopted
pursuant
to
this
chapter
,
the
7
state
fire
marshal
director
,
the
chief
of
any
fire
department,
8
or
the
fire
prevention
officer
of
a
fire
department
organized
9
under
chapter
400
may
issue
an
order
directing
the
person
to
10
desist
in
the
practice
which
constitutes
the
violation
and
11
to
take
corrective
action
as
necessary
to
ensure
that
the
12
violation
will
cease.
The
order
shall
be
in
writing
and
shall
13
specify
a
reasonable
time
by
which
the
person
shall
comply
14
with
the
order.
The
person
to
whom
the
order
is
issued
may
15
appeal
the
order
as
provided
in
chapter
17A
.
On
appeal,
16
the
administrative
law
judge
may
affirm,
modify,
or
vacate
17
the
order.
Judicial
review
may
be
sought
in
accordance
with
18
chapter
17A
.
19
2.
Notwithstanding
any
other
provision
of
law
to
the
20
contrary,
if
the
state
fire
marshal
director
determines
that
21
an
emergency
exists
respecting
any
matter
affecting
or
likely
22
to
affect
the
public
safety,
the
fire
marshal
director
may
23
issue
any
order
necessary
to
terminate
the
emergency
without
24
notice
or
hearing.
An
emergency
order
is
binding
and
effective
25
immediately,
until
or
unless
the
order
is
modified,
vacated,
or
26
stayed
at
an
administrative
hearing
or
by
a
district
court.
27
Sec.
1494.
Section
100.14,
Code
2023,
is
amended
to
read
as
28
follows:
29
100.14
Legal
proceedings
——
penalties
——
injunctive
relief.
30
At
the
request
of
the
state
fire
marshal
director
,
the
31
county
attorney
shall
institute
any
legal
proceedings
on
behalf
32
of
the
state
necessary
to
obtain
compliance
or
enforce
the
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penalty
provisions
of
this
chapter
or
rules
or
orders
adopted
34
or
issued
pursuant
to
this
chapter
,
including,
but
not
limited
35
to,
a
legal
action
for
injunctive
relief.
The
county
attorney
1
or
any
other
attorney
acting
on
behalf
of
the
chief
of
a
fire
2
department
or
a
fire
prevention
officer
may
institute
legal
3
proceedings,
including,
but
not
limited
to,
a
legal
action
for
4
injunctive
relief,
to
obtain
compliance
or
enforce
the
penalty
5
provisions
or
orders
issued
pursuant
to
section
100.13
.
6
Sec.
1495.
Section
100.16,
Code
2023,
is
amended
to
read
as
7
follows:
8
100.16
Judicial
review
——
court
costs.
9
1.
Judicial
review
of
actions
of
the
fire
marshal
director
10
may
be
sought
in
accordance
with
the
terms
of
the
Iowa
11
administrative
procedure
Act
pursuant
to
chapter
17A
.
If
12
legal
proceedings
have
been
instituted
pursuant
to
section
13
100.14
,
all
related
issues
which
could
otherwise
be
raised
in
14
a
proceeding
for
judicial
review
shall
be
raised
in
the
legal
15
proceedings
instituted
pursuant
to
section
100.14
.
16
2.
Upon
judicial
review
of
the
fire
marshal’s
director’s
17
action,
if
the
court
affirms
the
agency
action,
the
court
18
shall
tax
all
court
costs
of
the
review
proceeding
against
the
19
appellant.
However,
if
the
court
reverses,
revokes,
or
annuls
20
the
fire
marshal’s
director’s
action,
the
court
shall
tax
all
21
court
costs
of
the
review
proceeding
against
the
agency.
If
22
the
fire
marshal’s
director’s
action
is
modified
or
the
matter
23
is
remanded
to
the
agency
for
further
proceedings,
the
court
24
shall
apportion
the
court
costs
within
the
discretion
of
the
25
court.
26
Sec.
1496.
Section
100.18,
subsections
2,
3,
4,
5,
6,
and
7,
27
Code
2023,
are
amended
to
read
as
follows:
28
2.
a.
Except
as
provided
in
subsection
4
,
multiple-unit
29
residential
buildings
and
single-family
dwellings
the
30
construction
of
which
is
begun
on
or
after
July
1,
1991,
shall
31
include
the
installation
of
smoke
detectors
in
compliance
with
32
the
rules
established
by
the
state
fire
marshal
director
under
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subsection
5
.
34
b.
The
rules
shall
require
the
installation
of
smoke
35
detectors
in
existing
single-family
rental
units
and
1
multiple-unit
residential
buildings.
Existing
single-family
2
dwelling
units
shall
be
equipped
with
approved
smoke
detectors.
3
A
person
who
files
for
a
homestead
credit
pursuant
to
chapter
4
425
shall
certify
that
the
single-family
dwelling
unit
for
5
which
the
credit
is
filed
has
a
smoke
detector
installed
in
6
compliance
with
this
section
,
or
that
one
will
be
installed
7
within
thirty
days
of
the
date
the
filing
for
the
credit
is
8
made.
The
state
fire
marshal
director
shall
adopt
rules
and
9
establish
appropriate
procedures
to
administer
this
subsection
.
10
c.
An
owner
or
an
owner’s
agent
of
a
multiple-unit
11
residential
building
or
single-family
dwelling
shall
supply
12
light-emitting
smoke
detectors,
upon
request,
for
a
tenant
who
13
is
deaf
or
hard
of
hearing.
14
3.
a.
Multiple-unit
residential
buildings
and
single-family
15
dwellings,
the
construction
of
which
is
begun
on
or
after
16
July
1,
2018,
and
that
have
a
fuel-fired
heater
or
appliance,
17
a
fireplace,
or
an
attached
garage,
shall
include
the
18
installation
of
carbon
monoxide
alarms
in
compliance
with
the
19
rules
established
by
the
state
fire
marshal
director
under
20
subsection
5
.
21
b.
The
rules
shall
require
the
installation
of
carbon
22
monoxide
alarms
in
existing
single-family
rental
units
and
23
multiple-unit
residential
buildings
that
have
a
fuel-fired
24
heater
or
appliance,
a
fireplace,
or
an
attached
garage.
25
Existing
single-family
dwellings
that
have
a
fuel-fired
heater
26
or
appliance,
a
fireplace,
or
an
attached
garage
shall
be
27
equipped
with
approved
carbon
monoxide
alarms.
For
purposes
28
of
this
paragraph,
“approved
carbon
monoxide
alarm”
means
a
29
carbon
monoxide
alarm
that
meets
the
standards
established
by
30
the
underwriters’
laboratories
or
is
approved
by
the
state
fire
31
marshal
director
as
established
by
rule
under
subsection
5
.
A
32
person
who
files
for
a
homestead
credit
pursuant
to
chapter
425
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shall
certify
that
the
single-family
dwelling
for
which
the
34
credit
is
filed
and
that
has
a
fuel-fired
heater
or
appliance,
35
a
fireplace,
or
an
attached
garage,
has
carbon
monoxide
alarms
1
installed
in
compliance
with
this
section
,
or
that
such
alarms
2
will
be
installed
within
thirty
days
of
the
date
the
filing
3
for
the
credit
is
made.
The
state
fire
marshal
director
shall
4
adopt
rules
and
establish
appropriate
procedures
to
administer
5
this
subsection
.
6
c.
An
owner
of
a
multiple-unit
residential
building
or
7
a
single-family
rental
unit
that
has
a
fuel-fired
heater
or
8
appliance,
a
fireplace,
or
an
attached
garage,
or
an
owner’s
9
agent,
shall
supply
light-emitting
carbon
monoxide
alarms,
upon
10
request,
for
a
tenant
who
is
deaf
or
hard
of
hearing.
11
d.
The
owner
of
a
building
requiring
the
installation
of
12
carbon
monoxide
alarms
under
this
subsection
shall
install
13
a
carbon
monoxide
alarm
in
a
location
as
specified
by
rules
14
established
by
the
state
fire
marshal
director
under
subsection
15
5
,
taking
into
account
the
number
and
location
of
all
fuel
16
sources
in
the
building.
17
4.
This
section
does
not
require
the
following:
18
a.
The
installation
of
smoke
detectors
in
multiple-unit
19
residential
buildings
which,
on
July
1,
1981,
are
equipped
20
with
heat
detection
devices
or
a
sprinkler
system
with
alarms
21
approved
by
the
state
fire
marshal
director
.
22
b.
The
installation
of
smoke
detectors
in
hotels,
motels,
23
and
dormitories
equipped
with
an
automatic
smoke
detection
24
system
approved
by
the
state
fire
marshal
director
.
25
5.
The
state
fire
marshal
director
shall
enforce
the
26
requirements
of
subsections
2
and
3
and
may
implement
a
program
27
of
inspections
to
monitor
compliance
with
the
provisions
of
28
those
subsections.
Upon
inspection,
the
state
fire
marshal
29
director
shall
issue
a
written
notice
to
the
owner
or
manager
30
of
a
multiple-unit
residential
building
or
single-family
31
rental
unit
informing
the
owner
or
manager
of
compliance
or
32
noncompliance
with
this
section
.
The
state
fire
marshal
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director
may
contract
with
any
political
subdivision
without
34
fee
assessed
to
either
the
state
fire
marshal
director
or
the
35
political
subdivision,
for
the
performance
of
the
inspection
1
and
notification
responsibilities.
The
inspections
authorized
2
under
this
section
are
limited
to
the
placement,
repair,
and
3
operability
of
smoke
detectors
and
carbon
monoxide
alarms.
Any
4
broader
inspection
authority
is
not
derived
from
this
section
.
5
The
state
fire
marshal
director
shall
adopt
rules
under
chapter
6
17A
as
necessary
to
enforce
this
section
including
rules
7
concerning
the
placement
of
smoke
detectors
and
carbon
monoxide
8
alarms
and
the
use
of
acceptable
smoke
detectors
and
carbon
9
monoxide
alarms.
The
smoke
detectors
and
carbon
monoxide
10
alarms
shall
display
a
label
or
other
identification
issued
11
by
an
approved
testing
agency
or
another
label
specifically
12
approved
by
the
state
fire
marshal
director
.
13
6.
The
inspection
of
a
building
or
notification
of
14
compliance
or
noncompliance
under
this
section
is
not
the
basis
15
for
a
legal
cause
of
action
against
the
political
subdivision,
16
state
fire
marshal
director
,
the
fire
marshal’s
director’s
17
subordinates,
chiefs
of
local
fire
departments,
building
18
inspectors,
or
other
fire,
building,
or
safety
officials
due
19
to
a
failure
to
discover
a
latent
defect
in
the
course
of
the
20
inspection.
21
7.
If
a
smoke
detector
or
carbon
monoxide
alarm
is
found
22
to
be
inoperable,
the
owner
or
manager
of
the
multiple-unit
23
residential
building
or
single-family
rental
unit
shall
correct
24
the
situation
within
thirty
days
after
written
notification
25
to
the
owner
or
manager
by
the
tenant,
guest,
roomer,
state
26
fire
marshal
director
,
fire
marshal’s
director’s
subordinates,
27
chiefs
of
local
fire
departments,
building
inspectors,
or
other
28
fire,
building,
or
safety
officials.
If
the
owner
or
manager
29
of
a
multiple-unit
residential
building
or
single-family
rental
30
unit
fails
to
correct
the
situation
within
the
thirty
days
31
the
tenant,
guest,
or
roomer
may
cause
the
smoke
detector
or
32
carbon
monoxide
alarm
to
be
repaired
or
purchase
and
install
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a
smoke
detector
or
carbon
monoxide
alarm
required
under
this
34
section
and
may
deduct
the
repair
cost
or
purchase
price
from
35
the
next
rental
payment
or
payments
made
by
the
tenant,
guest,
1
or
roomer.
However,
a
lessor
or
owner
may
require
a
lessee,
2
tenant,
guest,
or
roomer
who
has
a
residency
of
longer
than
3
thirty
days
to
provide
the
battery
for
a
battery
operated
smoke
4
detector
or
carbon
monoxide
alarm.
5
Sec.
1497.
Section
100.19,
subsection
2,
paragraph
a,
Code
6
2023,
is
amended
to
read
as
follows:
7
a.
The
state
fire
marshal
director
shall
establish
a
8
consumer
fireworks
seller
license.
An
application
for
a
9
consumer
fireworks
seller
license
shall
be
made
on
a
form
10
provided
by
the
state
fire
marshal
director
.
The
state
fire
11
marshal
director
shall
adopt
rules
consistent
with
this
section
12
establishing
minimum
requirements
for
a
retailer
or
community
13
group
to
be
issued
a
consumer
fireworks
seller
license.
14
Sec.
1498.
Section
100.19,
subsection
3,
paragraph
a,
15
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
16
follows:
17
The
state
fire
marshal
director
shall
establish
a
fee
18
schedule
for
consumer
fireworks
seller
licenses
as
follows:
19
Sec.
1499.
Section
100.19,
subsection
4,
unnumbered
20
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
21
The
state
fire
marshal
director
shall
adopt
rules
to:
22
Sec.
1500.
Section
100.19,
subsections
6,
7,
and
8,
Code
23
2023,
are
amended
to
read
as
follows:
24
6.
a.
The
state
fire
marshal
director
shall
adopt
rules
to
25
provide
that
a
person’s
consumer
fireworks
seller
license
may
26
be
revoked
for
the
intentional
violation
of
this
section
.
The
27
proceedings
for
revocation
shall
be
held
before
the
division
of
28
the
state
fire
marshal
department
,
which
may
revoke
the
license
29
or
licenses
involved
as
provided
in
paragraph
“b”
.
30
b.
(1)
If,
upon
the
hearing
of
the
order
to
show
cause,
the
31
division
of
the
state
fire
marshal
department
finds
that
the
32
licensee
intentionally
violated
this
section
,
then
the
license
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or
licenses
under
which
the
licensed
retailer
or
community
34
group
sells
first-class
consumer
fireworks
or
second-class
35
consumer
fireworks,
shall
be
revoked.
1
(2)
Judicial
review
of
actions
of
the
division
of
the
state
2
fire
marshal
department
may
be
sought
in
accordance
with
the
3
terms
of
the
Iowa
administrative
procedure
Act,
chapter
17A
.
4
If
the
licensee
has
not
filed
a
petition
for
judicial
review
5
in
district
court,
revocation
shall
date
from
the
thirty-first
6
day
following
the
date
of
the
order
of
the
division
of
the
7
state
fire
marshal
department
.
If
the
licensee
has
filed
a
8
petition
for
judicial
review,
revocation
shall
date
from
the
9
thirty-first
day
following
entry
of
the
order
of
the
district
10
court,
if
action
by
the
district
court
is
adverse
to
the
11
licensee.
12
(3)
A
new
license
shall
not
be
issued
to
a
person
whose
13
license
has
been
revoked,
or
to
the
business
in
control
of
the
14
premises
on
which
the
violation
occurred
if
it
is
established
15
that
the
owner
of
the
business
had
actual
knowledge
of
the
16
violation
resulting
in
the
license
revocation,
for
the
period
17
of
one
year
following
the
date
of
revocation.
18
7.
a.
A
consumer
fireworks
fee
fund
is
created
in
the
19
state
treasury
under
the
control
of
the
state
fire
marshal
20
director
.
Notwithstanding
section
12C.7
,
interest
or
earnings
21
on
moneys
in
the
consumer
fireworks
fee
fund
shall
be
credited
22
to
the
consumer
fireworks
fee
fund.
Moneys
in
the
fund
are
23
appropriated
to
the
state
fire
marshal
director
to
be
used
to
24
fulfill
the
responsibilities
of
the
state
fire
marshal
director
25
for
the
administration
and
enforcement
of
this
section
and
26
section
100.19A
and
to
provide
grants
pursuant
to
paragraph
“b”
.
27
The
fund
shall
include
the
fees
collected
by
the
state
fire
28
marshal
director
under
the
fee
schedule
established
pursuant
to
29
subsection
3
and
the
fees
collected
by
the
state
fire
marshal
30
director
under
section
100.19A
for
wholesaler
registration.
31
b.
The
state
fire
marshal
director
shall
establish
a
local
32
fire
protection
and
emergency
medical
service
providers
grant
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program
to
provide
grants
in
the
following
order
of
priority:
34
(1)
Local
fire
protection
service
providers
and
local
35
emergency
medical
service
providers
to
establish
or
provide
1
fireworks
safety
education
programming
to
members
of
the
2
public,
and
for
the
purchase
of
necessary
enforcement,
3
protection,
or
emergency
response
equipment
related
to
the
sale
4
and
use
of
consumer
fireworks
in
this
state.
5
(2)
Local
volunteer
fire
protection
service
providers
for
6
the
purchase
of
necessary
enforcement,
protection,
or
emergency
7
response
equipment.
8
8.
The
state
fire
marshal
director
shall
adopt
rules
for
the
9
administration
of
this
section
.
10
Sec.
1501.
Section
100.19A,
subsections
2
and
3,
Code
2023,
11
are
amended
to
read
as
follows:
12
2.
The
state
fire
marshal
director
shall
adopt
rules
to
13
require
all
wholesalers
to
annually
register
with
the
state
14
fire
marshal
director
.
The
state
fire
marshal
director
15
may
also
adopt
rules
to
regulate
the
storage
or
transfer
of
16
consumer
fireworks
by
wholesalers
and
to
require
wholesalers
17
to
maintain
insurance.
18
3.
The
state
fire
marshal
director
shall
establish
an
19
annual
registration
fee
of
one
thousand
dollars
for
wholesalers
20
of
consumer
fireworks
within
the
state.
Registration
fees
21
collected
pursuant
to
this
section
shall
be
deposited
in
the
22
consumer
fireworks
fee
fund
created
in
section
100.19
.
23
Sec.
1502.
Section
100.31,
Code
2023,
is
amended
to
read
as
24
follows:
25
100.31
Fire
and
tornado
drills
in
schools
——
warning
systems
26
——
inspections.
27
1.
It
shall
be
the
duty
of
the
state
fire
marshal
director
28
and
the
fire
marshal’s
director’s
designated
subordinates
to
29
require
all
private
and
public
school
officials
and
teachers
to
30
conduct
not
less
than
four
fire
drills
and
not
less
than
four
31
tornado
drills
in
all
school
buildings
during
each
school
year
32
when
school
is
in
session;
and
to
require
the
officials
and
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teachers
of
all
schools
to
keep
all
doors
and
exits
of
their
34
respective
rooms
and
buildings
unlocked
when
occupied
during
35
school
hours
or
when
such
areas
are
being
used
by
the
public
at
1
other
times.
Not
less
than
two
drills
of
each
type
shall
be
2
conducted
between
July
1
and
December
31
of
each
year
and
not
3
less
than
two
drills
of
each
type
shall
be
conducted
between
4
January
1
and
June
30
of
each
year.
5
2.
Every
school
building
with
two
or
more
classrooms
6
shall
have
a
warning
system
for
fires
of
a
type
approved
by
7
the
underwriters’
laboratories
and
by
the
state
fire
marshal
8
director
.
The
warning
system
shall
be
used
only
for
fire
9
drills
or
as
a
warning
for
emergency.
Schools
may
modify
10
the
fire
warning
system
for
use
as
a
tornado
warning
system
11
or
shall
install
a
separate
tornado
warning
system.
Every
12
school
building
shall
also
be
equipped
with
portable
fire
13
extinguishers,
with
the
type,
size
and
number
in
accordance
14
with
national
fire
protection
association
standards
and
15
approved
by
the
state
fire
marshal
director
.
16
3.
The
state
fire
marshal
director
or
the
fire
marshal’s
17
director’s
deputies
shall
cause
each
public
or
private
school,
18
college,
or
university
to
be
inspected
at
least
once
every
two
19
years
to
determine
whether
each
school
meets
the
fire
safety
20
standards
of
this
Code
and
is
free
from
other
fire
hazards.
21
Provided,
however,
that
cities
which
employ
fire
department
22
inspectors
shall
cause
such
inspections
to
be
made.
23
Sec.
1503.
Section
100.35,
Code
2023,
is
amended
to
read
as
24
follows:
25
100.35
Rules
of
marshal
director
——
penalties.
26
1.
The
fire
marshal
director
shall
adopt,
and
may
amend
27
rules
under
chapter
17A
,
which
include
standards
relating
28
to
exits
and
exit
lights,
fire
escapes,
fire
protection,
29
fire
safety
and
the
elimination
of
fire
hazards,
in
and
for
30
churches,
schools,
hotels,
theaters,
amphitheaters,
hospitals,
31
health
care
facilities
as
defined
in
section
135C.1
,
boarding
32
homes
or
housing,
rest
homes,
dormitories,
college
buildings,
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lodge
halls,
club
rooms,
public
meeting
places,
places
of
34
amusement,
apartment
buildings,
food
establishments
as
defined
35
in
section
137F.1
,
and
all
other
buildings
or
structures
in
1
which
persons
congregate
from
time
to
time,
whether
publicly
2
or
privately
owned.
Violation
of
a
rule
adopted
by
the
fire
3
marshal
director
is
a
simple
misdemeanor.
However,
upon
4
proof
that
the
fire
marshal
director
gave
written
notice
to
5
the
defendant
of
the
violation,
and
proof
that
the
violation
6
constituted
a
clear
and
present
danger
to
life,
and
proof
that
7
the
defendant
failed
to
eliminate
the
condition
giving
rise
8
to
the
violation
within
thirty
days
after
receipt
of
notice
9
from
the
fire
marshal
director
,
the
penalty
is
that
provided
10
by
law
for
a
serious
misdemeanor.
Each
day
of
the
continuing
11
violation
of
a
rule
after
conviction
of
a
violation
of
the
rule
12
is
a
separate
offense.
A
conviction
is
subject
to
appeal
as
in
13
other
criminal
cases.
14
2.
Rules
by
the
fire
marshal
director
affecting
the
15
construction
of
new
buildings,
additions
to
buildings
or
16
rehabilitation
of
existing
buildings
and
related
to
fire
17
protection,
shall
be
substantially
in
accord
with
the
18
provisions
of
the
nationally
recognized
building
and
related
19
codes
adopted
as
the
state
building
code
pursuant
to
section
20
103A.7
or
with
codes
adopted
by
a
local
subdivision
which
are
21
in
substantial
accord
with
the
codes
comprising
the
state
22
building
code.
23
3.
The
rules
adopted
by
the
state
fire
marshal
director
24
under
this
section
shall
provide
standards
for
fire
resistance
25
of
cellulose
insulation
sold
or
used
in
this
state,
whether
for
26
public
or
private
use.
The
rules
shall
provide
for
approval
of
27
the
cellulose
insulation
by
at
least
one
nationally
recognized
28
independent
testing
laboratory.
29
Sec.
1504.
Section
100.38,
Code
2023,
is
amended
to
read
as
30
follows:
31
100.38
Conflicting
statutes.
32
Provisions
of
this
chapter
part
in
conflict
with
the
state
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building
code,
as
adopted
pursuant
to
section
103A.7
,
shall
not
34
apply
where
the
state
building
code
has
been
adopted
or
when
35
the
state
building
code
applies
throughout
the
state.
1
Sec.
1505.
Section
100.39,
subsections
1,
2,
and
3,
Code
2
2023,
are
amended
to
read
as
follows:
3
1.
All
buildings
approved
for
construction
after
July
1,
4
1998,
that
exceed
four
stories
in
height,
or
seventy-five
feet
5
above
grade,
shall
require
the
installation
of
an
approved
6
automatic
fire
extinguishing
system
designed
and
installed
in
7
conformity
with
rules
promulgated
by
the
state
fire
marshal
8
director
pursuant
to
this
chapter
part
.
9
2.
The
requirements
of
this
section
shall
not
apply
to
the
10
following:
11
a.
Any
noncombustible
elevator
storage
structure
or
any
12
noncombustible
plant
building
with
noncombustible
contents.
13
b.
Any
combustible
elevator
storage
structure
that
is
14
equipped
with
an
approved
drypipe,
nonautomatic
sprinkler
and
15
automatic
alarm
system.
16
c.
Buildings
in
existence
or
under
construction
on
August
17
15,
1975.
However,
if
subsequent
to
that
date
any
building
is
18
enlarged
or
altered
beyond
the
height
limitations
applicable
to
19
new
buildings,
such
building
in
its
entirety
shall
be
subject
20
to
all
the
provisions
of
this
section
.
21
d.
Any
open
parking
garage
structure
which
is
in
compliance
22
with
rules
adopted
by
the
state
fire
marshal
director
.
23
3.
Plans
and
installation
of
systems
shall
be
approved
by
24
the
state
fire
marshal
director
,
a
designee
of
the
state
fire
25
marshal
director
,
or
local
authorities
having
jurisdiction.
26
Except
where
local
fire
protection
regulations
are
more
27
stringent,
the
provisions
of
this
section
shall
be
applicable
28
to
all
buildings,
whether
privately
or
publicly
owned.
The
29
definition
of
terms
shall
be
in
conformity,
insofar
as
30
possible,
with
definitions
found
in
the
state
building
code
31
adopted
pursuant
to
section
103A.7
.
32
Sec.
1506.
Section
100.41,
Code
2023,
is
amended
to
read
as
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follows:
34
100.41
Authority
to
cite
violations.
35
Fire
officials
acting
under
the
authority
of
this
chapter
1
part
may
issue
citations
in
accordance
with
chapter
805
,
for
2
violations
of
this
chapter
part
or
a
violation
of
a
local
fire
3
safety
code.
4
Sec.
1507.
Section
100C.1,
Code
2023,
is
amended
by
adding
5
the
following
new
subsections:
6
NEW
SUBSECTION
.
8A.
“Department”
means
the
department
of
7
inspections,
appeals,
and
licensing.
8
NEW
SUBSECTION
.
8B.
“Director”
means
the
director
of
9
the
department
of
inspections,
appeals,
and
licensing
or
the
10
director’s
designee.
11
Sec.
1508.
Section
100C.1,
subsection
14,
Code
2023,
is
12
amended
to
read
as
follows:
13
14.
“Responsible
managing
employee”
means
one
of
the
14
following:
15
a.
An
owner,
partner,
officer,
or
manager
employed
full-time
16
by
a
fire
extinguishing
system
contractor
who
is
certified
17
by
the
national
institute
for
certification
in
engineering
18
technologies
at
a
level
three
in
fire
protection
technology,
19
automatic
sprinkler
system
layout,
or
another
certification
in
20
automatic
sprinkler
system
layout
recognized
by
rules
adopted
21
by
the
fire
marshal
director
pursuant
to
section
100C.7
or
who
22
meets
any
other
criteria
established
by
rule.
23
b.
An
owner,
partner,
officer,
or
manager
employed
full-time
24
by
an
alarm
system
contractor
who
is
certified
by
the
national
25
institute
for
certification
in
engineering
technologies
in
fire
26
alarm
systems
or
security
systems
at
a
level
established
by
the
27
fire
marshal
director
by
rule
or
who
meets
any
other
criteria
28
established
by
rule
under
this
chapter
.
The
rules
may
provide
29
for
separate
endorsements
for
fire
alarm
systems,
security
30
alarm
systems,
and
nurse
call
systems
and
may
require
separate
31
qualifications
for
each.
32
Sec.
1509.
Section
100C.2,
subsection
4,
paragraph
b,
Code
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2023,
is
amended
to
read
as
follows:
34
b.
An
employee
or
subcontractor
of
a
certified
alarm
system
35
contractor
who
is
an
alarm
system
installer,
and
who
is
not
1
licensed
pursuant
to
chapter
103
shall
obtain
and
maintain
2
certification
as
an
alarm
system
installer
and
shall
meet
and
3
maintain
qualifications
established
by
the
state
fire
marshal
4
director
by
rule.
5
Sec.
1510.
Section
100C.3,
subsections
1,
3,
and
5,
Code
6
2023,
are
amended
to
read
as
follows:
7
1.
A
fire
extinguishing
system
contractor,
an
alarm
system
8
contractor,
or
an
alarm
system
installer
shall
apply
for
a
9
certificate
on
a
form
prescribed
by
the
state
fire
marshal
10
director
.
The
application
shall
be
accompanied
by
a
fee
in
an
11
amount
prescribed
by
rule
pursuant
to
section
100C.7
and
shall
12
include
all
of
the
following
information,
as
applicable:
13
a.
The
name,
address,
and
telephone
number
of
the
contractor
14
or
installer
and,
in
the
case
of
an
installer,
the
name
and
15
certification
number
of
the
contractor
by
whom
the
installer
is
16
employed,
including
all
legal
and
fictitious
names.
17
b.
Proof
of
insurance
coverage
required
by
section
100C.4
.
18
c.
The
name
and
qualifications
of
the
person
designated
as
19
the
contractor’s
responsible
managing
employee
and
of
persons
20
designated
as
alternate
responsible
managing
employees.
21
d.
Any
other
information
deemed
necessary
by
the
state
fire
22
marshal
director
.
23
3.
Upon
receipt
of
a
completed
application
and
prescribed
24
fees,
if
the
contractor
or
installer
meets
all
requirements
25
established
by
this
chapter
,
the
state
fire
marshal
director
26
shall
issue
a
certificate
to
the
contractor
or
installer
within
27
thirty
days.
28
5.
Any
change
in
the
information
provided
in
the
application
29
shall
be
promptly
reported
to
the
state
fire
marshal
director
.
30
When
the
employment
of
a
responsible
managing
employee
is
31
terminated,
the
contractor
shall
notify
the
state
fire
marshal
32
director
within
thirty
days
after
termination.
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Sec.
1511.
Section
100C.4,
Code
2023,
is
amended
to
read
as
34
follows:
35
100C.4
Insurance.
1
1.
A
fire
extinguishing
system
contractor
shall
maintain
2
general
and
complete
operations
liability
insurance
for
3
the
layout,
installation,
repair,
alteration,
addition,
4
maintenance,
and
inspection
of
automatic
fire
extinguishing
5
systems
in
an
amount
determined
by
the
state
fire
marshal
6
director
by
rule.
7
2.
An
alarm
system
contractor
shall
maintain
general
8
and
complete
operations
liability
insurance
for
the
layout,
9
installation,
repair,
alteration,
addition,
maintenance,
and
10
inspection
of
alarm
systems
in
an
amount
determined
by
the
11
state
fire
marshal
director
by
rule.
12
Sec.
1512.
Section
100C.5,
Code
2023,
is
amended
to
read
as
13
follows:
14
100C.5
Suspension
and
revocation.
15
1.
The
state
fire
marshal
director
shall
suspend
or
revoke
16
the
certificate
of
any
contractor
or
installer
who
fails
to
17
maintain
compliance
with
the
conditions
necessary
to
obtain
a
18
certificate.
A
certificate
may
also
be
suspended
or
revoked
19
if
any
of
the
following
occur:
20
a.
The
employment
or
relationship
of
a
responsible
managing
21
employee
with
a
contractor
is
terminated,
unless
the
contractor
22
has
included
a
qualified
alternate
on
the
application
or
an
23
application
designating
a
new
responsible
managing
employee
is
24
filed
with
the
state
fire
marshal
director
within
six
months
25
after
the
termination.
26
b.
The
contractor
or
installer
fails
to
comply
with
any
27
provision
of
this
chapter
.
28
c.
The
contractor
or
installer
fails
to
comply
with
any
29
other
applicable
codes
and
ordinances.
30
2.
If
a
certificate
is
suspended
pursuant
to
this
section
,
31
the
certificate
shall
not
be
reinstated
until
the
condition
or
32
conditions
which
led
to
the
suspension
have
been
corrected.
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3.
The
state
fire
marshal
director
shall
adopt
rules
34
pursuant
to
section
100C.7
for
the
acceptance
and
processing
35
of
complaints
against
certificate
holders,
for
procedures
to
1
suspend
and
revoke
certificates,
and
for
appeals
of
decisions
2
to
suspend
or
revoke
certificates.
3
Sec.
1513.
Section
100C.7,
Code
2023,
is
amended
to
read
as
4
follows:
5
100C.7
Administration
——
rules.
6
The
state
fire
marshal
director
shall
administer
this
7
chapter
and,
after
consultation
with
the
fire
extinguishing
8
system
contractors
and
alarm
systems
advisory
board,
shall
9
adopt
rules
pursuant
to
chapter
17A
necessary
for
the
10
administration
and
enforcement
of
this
chapter
.
11
Sec.
1514.
Section
100C.8,
subsection
2,
Code
2023,
is
12
amended
to
read
as
follows:
13
2.
The
state
fire
marshal
director
may
impose
a
civil
14
penalty
of
up
to
five
hundred
dollars
on
any
person
who
15
violates
any
provision
of
this
chapter
for
each
day
a
violation
16
continues.
The
state
fire
marshal
director
may
adopt
rules
17
necessary
to
enforce
and
collect
any
penalties
imposed
pursuant
18
to
this
chapter
.
19
Sec.
1515.
Section
100C.9,
Code
2023,
is
amended
to
read
as
20
follows:
21
100C.9
Deposit
and
use
of
moneys
collected.
22
1.
All
fees
assessed
pursuant
to
this
chapter
shall
be
23
retained
as
repayment
receipts
by
the
division
of
state
fire
24
marshal
in
the
department
of
public
safety
and
such
fees
25
received
shall
be
used
exclusively
to
offset
the
costs
of
26
administering
this
chapter
.
27
2.
Notwithstanding
section
8.33
,
fees
collected
by
28
the
division
of
state
fire
marshal
department
that
remain
29
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
30
shall
not
revert
but
shall
remain
available
for
expenditure
for
31
the
purposes
designated
in
succeeding
fiscal
years.
32
Sec.
1516.
Section
100C.10,
subsection
1,
Code
2023,
is
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amended
to
read
as
follows:
34
1.
A
fire
extinguishing
system
contractors
and
alarm
35
systems
advisory
board
is
established
in
the
division
of
state
1
fire
marshal
of
the
department
of
public
safety
and
shall
2
advise
the
division
department
on
matters
pertaining
to
the
3
application
and
certification
of
contractors
and
installers
4
pursuant
to
this
chapter
.
5
Sec.
1517.
Section
100C.10,
subsection
2,
unnumbered
6
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
7
The
board
shall
consist
of
eleven
voting
members
appointed
8
by
the
commissioner
of
public
safety
director
as
follows:
9
Sec.
1518.
Section
100C.10,
subsections
3
and
4,
Code
2023,
10
are
amended
to
read
as
follows:
11
3.
The
state
fire
marshal
,
or
the
state
fire
marshal’s
12
designee,
the
director,
and
the
chairperson
of
the
electrical
13
examining
board
created
in
section
103.2
shall
be
nonvoting
ex
14
officio
members
of
the
board.
15
4.
The
commissioner
shall
initially
appoint
two
members
16
for
two-year
terms,
two
members
for
four-year
terms,
and
three
17
members
for
six-year
terms.
Following
the
expiration
of
the
18
terms
of
initially
appointed
members,
each
Each
term
thereafter
19
shall
be
for
a
period
of
six
years.
No
member
shall
serve
20
more
than
two
consecutive
terms.
If
a
position
on
the
board
21
becomes
vacant
prior
to
the
expiration
of
a
member’s
term,
the
22
member
appointed
to
the
vacancy
shall
serve
the
balance
of
the
23
unexpired
term.
24
Sec.
1519.
Section
100D.1,
subsections
2
and
10,
Code
2023,
25
are
amended
to
read
as
follows:
26
2.
“Department”
means
the
department
of
public
safety
27
inspections,
appeals,
and
licensing
.
28
10.
“Responsible
managing
employee”
means
an
owner,
partner,
29
officer,
or
manager
employed
full-time
by
a
fire
extinguishing
30
system
contractor
who
is
certified
by
the
national
institute
31
for
certification
in
engineering
technologies
at
a
level
three
32
in
fire
protection
technology,
automatic
sprinkler
system
33
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layout,
or
another
certification
in
automatic
sprinkler
system
34
layout
recognized
by
rules
adopted
by
the
fire
marshal
director
35
pursuant
to
section
100C.7
or
who
meets
any
other
criteria
1
established
by
rule.
2
Sec.
1520.
Section
100D.1,
subsection
3,
Code
2023,
is
3
amended
by
striking
the
subsection
and
inserting
in
lieu
4
thereof
the
following:
5
3.
“Director”
means
the
director
of
the
department
of
6
inspections,
appeals,
and
licensing
or
the
director’s
designee.
7
Sec.
1521.
Section
100D.2,
subsection
4,
Code
2023,
is
8
amended
to
read
as
follows:
9
4.
Licenses
shall
be
issued
for
a
two-year
period,
and
may
10
be
renewed
as
established
by
the
state
fire
marshal
director
11
by
rule.
12
Sec.
1522.
Section
100D.3,
Code
2023,
is
amended
to
read
as
13
follows:
14
100D.3
Fire
protection
system
installer
and
maintenance
15
worker
license.
16
1.
The
state
fire
marshal
director
shall
issue
a
fire
17
protection
system
installer
and
maintenance
worker
license
to
18
an
applicant
who
meets
all
of
the
following
requirements:
19
a.
Has
completed
a
fire
protection
apprenticeship
program
20
approved
by
the
United
States
department
of
labor,
or
has
21
completed
two
years
of
full-time
employment
or
the
equivalent
22
thereof
as
a
trainee.
23
b.
Is
employed
by
a
fire
extinguishing
system
contractor.
24
However,
an
applicant
whose
work
on
extinguishing
systems
will
25
be
restricted
to
systems
on
property
owned
or
controlled
by
the
26
applicant’s
employer
may
obtain
a
license
if
the
employer
is
27
not
a
certified
contractor.
28
c.
Has
received
a
passing
score
on
the
national
inspection,
29
testing,
and
certification
star
fire
sprinkler
mastery
30
exam
or
on
an
equivalent
exam
from
a
nationally
recognized
31
third-party
testing
agency
that
is
approved
by
the
state
fire
32
marshal
director
,
or
is
certified
at
level
one
by
the
national
33
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institute
for
certification
in
engineering
technologies
and
as
34
specified
by
rule
by
the
state
fire
marshal
director
,
or
is
35
certified
by
another
entity
approved
by
the
fire
marshal.
1
2.
The
state
fire
marshal
director
shall
issue
a
fire
2
protection
system
installer
and
maintenance
worker
license
3
with
endorsements
restricted
to
preengineered
fire
protection
4
systems
to
an
applicant
who
does
not
meet
the
requirements
of
5
subsection
1
but
does
meet
the
following
requirements:
6
a.
To
be
endorsed
as
a
preengineered
kitchen
fire
7
extinguishing
system
installer,
has
successfully
completed
8
training
and
an
examination
verified
by
a
preengineered
system
9
manufacturer,
an
agent
of
a
preengineered
system
manufacturer,
10
or
an
organization
that
is
approved
by
the
state
fire
marshal
11
director
.
12
b.
To
be
endorsed
as
a
preengineered
kitchen
fire
13
extinguishing
system
maintenance
worker,
has
successfully
14
completed
training
by
the
worker’s
employer
or
the
system’s
15
manufacturer
and
has
passed
a
written
or
online
examination
for
16
preengineered
kitchen
fire
extinguishing
system
maintenance
17
that
is
approved
by
the
state
fire
marshal
director
.
18
c.
To
be
endorsed
as
a
preengineered
industrial
fire
19
extinguishing
system
installer,
possesses
a
training
and
20
examination
certification
from
a
preengineered
system
21
manufacturer,
an
agent
of
a
preengineered
system
manufacturer,
22
or
an
organization
that
is
approved
by
the
state
fire
marshal
23
director
.
24
d.
To
be
endorsed
as
a
preengineered
industrial
fire
25
extinguishing
system
maintenance
worker,
has
been
trained
26
by
the
worker’s
employer
and
has
passed
a
written
or
online
27
examination
for
preengineered
industrial
fire
extinguishing
28
system
maintenance
that
is
approved
by
the
state
fire
marshal
29
director
.
30
3.
The
holder
of
a
fire
protection
system
installer
and
31
maintenance
worker
license
shall
be
responsible
for
license
32
fees,
renewal
fees,
and
continuing
education
hours.
33
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4.
The
license
of
a
fire
protection
system
installer
34
and
maintenance
worker
licensee
who
ceases
to
be
employed
35
by
a
fire
extinguishing
system
contractor
shall
continue
to
1
be
valid
until
it
would
otherwise
expire,
but
the
licensee
2
shall
not
perform
work
requiring
licensure
under
this
chapter
3
until
the
licensee
is
again
employed
by
a
fire
extinguishing
4
system
contractor.
If
the
licensee
becomes
employed
by
a
fire
5
extinguishing
system
contractor
other
than
the
contractor
which
6
employed
the
licensee
at
the
time
the
license
was
issued,
the
7
licensee
shall
notify
the
fire
marshal
director
and
shall
apply
8
for
an
amendment
to
the
license.
The
fire
marshal
director
9
may
establish
by
rule
a
fee
for
amending
a
license.
This
10
subsection
shall
not
extend
the
time
period
during
which
a
11
license
is
valid.
This
subsection
does
not
apply
to
a
licensee
12
whose
work
on
extinguishing
systems
is
restricted
to
systems
on
13
property
owned
or
controlled
by
the
licensee’s
employer.
14
5.
The
fire
marshal
director
,
by
rule,
may
restrict
15
the
scope
of
work
authorized
by
a
license
with
appropriate
16
endorsements.
17
Sec.
1523.
Section
100D.4,
subsections
1
and
3,
Code
2023,
18
are
amended
to
read
as
follows:
19
1.
An
applicant
for
a
fire
protection
system
installer
and
20
maintenance
worker
license
or
renewal
of
an
active
license
21
shall
provide
evidence
of
a
public
liability
insurance
policy
22
and
surety
bond
in
an
amount
determined
sufficient
by
the
fire
23
marshal
director
by
rule.
24
3.
The
insurance
and
surety
bond
shall
be
written
by
an
25
entity
licensed
to
do
business
in
this
state
and
each
licensee
26
shall
maintain
on
file
with
the
department
a
certificate
27
evidencing
the
insurance
providing
that
the
insurance
or
surety
28
bond
shall
not
be
canceled
without
the
entity
first
giving
29
fifteen
days
written
notice
to
the
fire
marshal
director
.
30
Sec.
1524.
Section
100D.5,
unnumbered
paragraph
1,
Code
31
2023,
is
amended
to
read
as
follows:
32
The
state
fire
marshal
director
shall
do
all
of
the
33
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following:
34
Sec.
1525.
Section
100D.6,
Code
2023,
is
amended
to
read
as
35
follows:
1
100D.6
Penalties.
2
The
state
fire
marshal
director
may
impose
a
civil
penalty
3
of
up
to
five
hundred
dollars
on
any
person
who
violates
any
4
provision
of
this
chapter
for
each
day
a
violation
continues.
5
The
state
fire
marshal
director
may
adopt
rules
necessary
to
6
enforce
and
collect
any
penalties
imposed
pursuant
to
this
7
chapter
.
8
Sec.
1526.
Section
100D.7,
Code
2023,
is
amended
to
read
as
9
follows:
10
100D.7
Deposit
and
use
of
moneys
collected.
11
1.
The
state
fire
marshal
director
shall
set
the
license
12
fees
and
renewal
fees
for
all
licenses
issued
pursuant
to
this
13
chapter
,
by
rule,
based
upon
the
actual
costs
of
licensing.
14
2.
All
fees
assessed
pursuant
to
this
chapter
shall
be
15
retained
as
repayment
receipts
by
the
division
of
state
fire
16
marshal
in
the
department
of
public
safety
and
such
fees
17
received
shall
be
used
exclusively
to
offset
the
costs
of
18
administering
this
chapter
.
19
3.
Notwithstanding
section
8.33
,
fees
collected
by
20
the
division
of
state
fire
marshal
department
that
remain
21
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
22
shall
not
revert
but
shall
remain
available
for
expenditure
23
for
the
purposes
designated
until
the
close
of
the
succeeding
24
fiscal
year.
25
Sec.
1527.
Section
100D.10,
Code
2023,
is
amended
to
read
26
as
follows:
27
100D.10
Reciprocal
licenses.
28
To
the
extent
that
another
state
provides
for
the
licensing
29
of
fire
protection
system
installers
and
maintenance
workers
30
or
similar
action,
the
state
fire
marshal
director
may
issue
31
a
fire
protection
system
installer
and
maintenance
worker
32
license,
without
examination,
to
a
nonresident
fire
protection
33
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system
installer
and
maintenance
worker
who
has
been
licensed
34
by
such
other
state
for
at
least
three
years
provided
such
35
other
state
grants
the
same
reciprocal
licensing
privileges
to
1
residents
of
Iowa
who
have
obtained
a
fire
protection
system
2
installer
and
maintenance
worker
license
upon
payment
by
3
the
applicant
of
the
required
fee
and
upon
furnishing
proof
4
that
the
qualifications
of
the
applicant
are
equal
to
the
5
qualifications
of
holders
of
similar
licenses
in
this
state.
6
Sec.
1528.
Section
100D.13,
subsections
1
and
2,
Code
2023,
7
are
amended
to
read
as
follows:
8
1.
The
state
fire
marshal
director
may
issue
a
temporary
9
fire
protection
system
installer
and
maintenance
worker
license
10
to
a
person,
providing
that
all
of
the
following
conditions
are
11
met:
12
a.
The
person
is
currently
licensed
or
certified
to
perform
13
work
as
a
fire
protection
system
installer
and
maintenance
14
worker
in
another
state.
15
b.
The
person
meets
any
additional
criteria
for
a
temporary
16
license
established
by
the
state
fire
marshal
director
by
rule.
17
c.
The
person
provides
all
information
required
by
the
state
18
fire
marshal
director
.
19
d.
The
person
has
paid
the
fee
for
a
temporary
license,
20
which
fee
shall
be
established
by
the
state
fire
marshal
21
director
by
rule.
22
e.
The
person
intends
to
perform
work
as
a
fire
protection
23
system
installer
and
maintenance
worker
only
in
areas
of
this
24
state
which
are
covered
by
a
disaster
emergency
declaration
25
issued
by
the
governor
pursuant
to
section
29C.6
.
26
2.
A
temporary
license
issued
pursuant
to
this
section
shall
27
be
valid
for
ninety
days.
The
state
fire
marshal
director
may
28
establish
criteria
and
procedures
for
the
extension
of
such
29
licenses
for
additional
periods,
which
in
no
event
shall
exceed
30
ninety
days.
31
Sec.
1529.
Section
101.1,
subsection
1,
Code
2023,
is
32
amended
to
read
as
follows:
33
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1.
The
state
fire
marshal
director
is
hereby
empowered
and
34
directed
to
formulate
and
adopt
and
from
time
to
time
amend
or
35
revise
and
to
promulgate,
in
conformity
with
and
subject
to
the
1
conditions
set
forth
in
this
chapter
,
reasonable
rules
for
the
2
safe
transportation,
storage,
handling,
and
use
of
combustible
3
liquids,
flammable
liquids,
liquefied
petroleum
gases,
and
4
liquefied
natural
gases.
5
Sec.
1530.
Section
101.1,
subsection
2,
Code
2023,
is
6
amended
by
adding
the
following
new
paragraph:
7
NEW
PARAGRAPH
.
0b.
“Director”
means
the
director
of
the
8
department
of
inspections,
appeals,
and
licensing
or
the
9
director’s
designee.
10
Sec.
1531.
Section
101.5A,
Code
2023,
is
amended
to
read
as
11
follows:
12
101.5A
Shared
public
petroleum
storage
facilities.
13
The
state
fire
marshal
director
shall
permit
by
rule
the
14
shared
ownership,
operation,
or
cooperative
use
of
a
publicly
15
owned
petroleum
storage
or
dispensing
facility
by
more
than
one
16
public
agency
or
political
subdivision
in
order
to
maximize
the
17
opportunity
for
cooperation,
to
avoid
unnecessary
duplication
18
of
facilities
posing
both
an
environmental
and
fire
hazard,
19
and
to
minimize
the
cost
of
providing
public
services.
Shared
20
or
cooperative
use
is
not
a
violation
of
chapter
23A
,
even
21
if
one
public
agency
or
political
subdivision
compensates
22
another
public
agency
or
political
subdivision
for
the
use
or
23
for
petroleum
dispensed.
A
publicly
owned
petroleum
storage
24
facility
subject
to
this
section
may
use
aboveground
or
25
underground
storage
tanks,
or
a
combination
of
both.
26
Sec.
1532.
Section
101.8,
Code
2023,
is
amended
to
read
as
27
follows:
28
101.8
Assistance
by
local
officials.
29
The
chief
fire
prevention
officer
of
every
city
or
village
30
having
an
established
fire
prevention
department,
the
chief
of
31
the
fire
department
of
every
other
city
or
village
in
which
32
a
fire
department
is
established,
the
mayor
of
every
city
in
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which
no
fire
department
exists,
the
township
clerk
of
every
34
township
outside
the
limits
of
any
city
or
village
and
all
35
other
local
officials
upon
whom
fire
prevention
duties
are
1
imposed
by
law
shall
assist
the
state
fire
marshal
director
in
2
the
enforcement
of
the
rules.
3
Sec.
1533.
Section
101.9,
Code
2023,
is
amended
to
read
as
4
follows:
5
101.9
Repairs
ordered
by
fire
marshal
director
.
6
If
the
state
fire
marshal
director
has
reasonable
grounds
7
for
believing
after
conducting
tests
that
a
leak
exists
in
8
a
flammable
or
combustible
liquid
storage
tank
or
in
the
9
distribution
system
of
a
flammable
or
combustible
liquid
10
storage
tank
the
state
fire
marshal
director
shall
issue
a
11
written
order
to
the
owner
or
lessee
of
the
storage
tank
or
12
distribution
system
requiring
the
storage
tank
and
distribution
13
system
be
emptied
and
removed
or
repaired
immediately
upon
14
receipt
of
the
written
order.
15
Sec.
1534.
Section
101.10,
Code
2023,
is
amended
to
read
as
16
follows:
17
101.10
Assistance
of
department
of
natural
resources.
18
If
the
state
fire
marshal
director
has
reasonable
grounds
19
for
believing
that
a
leak
constitutes
a
hazardous
condition
20
which
threatens
the
public
health
and
safety,
the
fire
marshal
21
director
may
request
the
assistance
of
the
department
of
22
natural
resources,
and
upon
such
request
the
department
of
23
natural
resources
is
empowered
to
eliminate
the
hazardous
24
condition
as
provided
in
chapter
455B,
subchapter
IV,
part
25
4
,
the
provisions
of
section
455B.390,
subsection
3
,
to
the
26
contrary
notwithstanding.
27
Sec.
1535.
Section
101.12,
subsections
1
and
2,
Code
2023,
28
are
amended
to
read
as
follows:
29
1.
An
aboveground
flammable
or
combustible
liquid
storage
30
tank
may
be
installed
at
a
retail
motor
vehicle
fuel
outlet,
31
subject
to
rules
adopted
by
the
state
fire
marshal
director
.
32
2.
Rules
adopted
by
the
state
fire
marshal
director
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pursuant
to
this
section
shall
be
in
substantial
compliance
34
with
the
applicable
standards
of
the
national
fire
protection
35
association.
1
Sec.
1536.
Section
101.21,
subsection
6,
Code
2023,
is
2
amended
by
striking
the
subsection.
3
Sec.
1537.
Section
101.22,
subsections
1,
2,
3,
4,
and
7,
4
Code
2023,
are
amended
to
read
as
follows:
5
1.
Except
as
provided
in
subsection
2
,
the
owner
or
operator
6
of
an
aboveground
flammable
or
combustible
liquid
storage
tank
7
existing
on
July
1,
2010,
shall
notify
the
state
fire
marshal
8
director
in
writing
by
October
1,
2010,
of
the
existence
of
9
each
tank
and
specify
the
age,
size,
type,
location,
and
uses
10
of
the
tank.
11
2.
The
owner
of
an
aboveground
flammable
or
combustible
12
liquid
storage
tank
taken
out
of
operation
on
or
before
July
1,
13
2010,
shall
notify
the
state
fire
marshal
director
in
writing
14
by
October
1,
2010,
of
the
existence
of
the
tank
unless
the
15
owner
knows
the
tank
has
been
removed
from
the
site.
The
16
notice
shall
specify,
to
the
extent
known
to
the
owner,
the
17
date
the
tank
was
taken
out
of
operation,
the
age
of
the
18
tank
on
the
date
taken
out
of
operation,
the
size,
type,
and
19
location
of
the
tank,
and
the
type
and
quantity
of
substances
20
left
stored
in
the
tank
on
the
date
that
it
was
taken
out
of
21
operation.
22
3.
An
owner
or
operator
who
brings
into
use
an
aboveground
23
flammable
or
combustible
liquid
storage
tank
after
July
1,
24
2010,
shall
notify
the
state
fire
marshal
director
in
writing
25
within
thirty
days
of
the
existence
of
the
tank
and
specify
the
26
age,
size,
type,
location,
and
uses
of
the
tank.
27
4.
The
registration
notice
of
the
owner
or
operator
to
the
28
state
fire
marshal
director
under
subsections
1
through
3
shall
29
be
accompanied
by
an
annual
fee
of
twenty
dollars
for
each
tank
30
included
in
the
notice.
All
moneys
collected
shall
be
retained
31
by
the
department
of
public
safety
inspections,
appeals,
and
32
licensing
and
are
appropriated
for
the
use
of
the
state
fire
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marshal
director
.
The
annual
renewal
fee
applies
to
all
owners
34
or
operators
who
file
a
registration
notice
with
the
state
fire
35
marshal
pursuant
to
subsections
1
through
3
.
1
7.
a.
The
state
fire
marshal
director
shall
furnish
the
2
owner
or
operator
of
an
aboveground
flammable
or
combustible
3
liquid
storage
tank
with
a
registration
tag
for
each
4
aboveground
flammable
or
combustible
liquid
storage
tank
5
registered
with
the
state
fire
marshal
director
.
6
b.
The
owner
or
operator
shall
affix
the
tag
to
the
fill
7
pipe
of
each
registered
aboveground
flammable
or
combustible
8
liquid
storage
tank.
9
Sec.
1538.
Section
101.23,
Code
2023,
is
amended
to
read
as
10
follows:
11
101.23
State
fire
marshal
Director
reporting
rules.
12
The
state
fire
marshal
director
shall
adopt
rules
pursuant
13
to
chapter
17A
relating
to
reporting
requirements
necessary
to
14
enable
the
state
fire
marshal
director
to
maintain
an
accurate
15
inventory
of
aboveground
flammable
or
combustible
liquid
16
storage
tanks.
17
Sec.
1539.
Section
101.24,
Code
2023,
is
amended
to
read
as
18
follows:
19
101.24
Duties
and
powers
of
the
state
fire
marshal
director
.
20
The
state
fire
marshal
director
shall:
21
1.
Inspect
and
investigate
the
facilities
and
records
of
22
owners
and
operators
of
aboveground
flammable
or
combustible
23
liquid
storage
tanks
with
a
capacity
of
fifteen
thousand
or
24
more
gallons,
as
necessary
to
determine
compliance
with
this
25
subchapter
and
the
rules
adopted
pursuant
to
this
subchapter
.
26
An
inspection
or
investigation
shall
be
conducted
subject
to
27
subsection
4
.
For
purposes
of
developing
a
rule,
maintaining
28
an
accurate
inventory,
or
enforcing
this
subchapter
,
the
29
department
of
inspections,
appeals,
and
licensing
may:
30
a.
Enter
at
reasonable
times
an
establishment
or
other
place
31
where
an
aboveground
storage
tank
is
located.
32
b.
Inspect
and
obtain
samples
from
any
person
of
flammable
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or
combustible
liquid
or
another
regulated
substance
and
34
conduct
monitoring
or
testing
of
the
tanks,
associated
35
equipment,
contents,
or
surrounding
soils,
air,
surface
water,
1
and
groundwater.
Each
inspection
shall
be
commenced
and
2
completed
with
reasonable
promptness.
3
(1)
If
the
state
fire
marshal
director
obtains
a
sample,
4
prior
to
leaving
the
premises,
the
fire
marshal
director
5
shall
give
the
owner,
operator,
or
agent
in
charge
a
receipt
6
describing
the
sample
obtained
and
if
requested
a
portion
of
7
each
sample
equal
in
volume
or
weight
to
the
portion
retained.
8
If
the
sample
is
analyzed,
a
copy
of
the
results
of
the
9
analysis
shall
be
furnished
promptly
to
the
owner,
operator,
10
or
agent
in
charge.
11
(2)
Documents
or
information
obtained
from
a
person
under
12
this
subsection
shall
be
available
to
the
public
except
as
13
provided
in
this
subparagraph.
Upon
a
showing
satisfactory
14
to
the
state
fire
marshal
director
by
a
person
that
public
15
disclosure
of
documents
or
information,
or
a
particular
16
part
of
the
documents
or
information
to
which
the
state
fire
17
marshal
director
has
access
under
this
subsection
would
divulge
18
commercial
or
financial
information
entitled
to
protection
as
a
19
trade
secret,
the
state
fire
marshal
director
shall
consider
20
the
documents
or
information
or
the
particular
portion
of
the
21
documents
or
information
confidential.
However,
the
documents
22
or
information
may
be
disclosed
to
officers,
employees,
or
23
authorized
representatives
of
the
United
States
charged
with
24
implementing
the
federal
Solid
Waste
Disposal
Act,
to
employees
25
of
the
state
of
Iowa
or
of
other
states
when
the
document
or
26
information
is
relevant
to
the
discharge
of
their
official
27
duties,
and
when
relevant
in
a
proceeding
under
the
federal
28
Solid
Waste
Disposal
Act
or
this
subchapter
.
29
2.
Maintain
an
accurate
inventory
of
aboveground
flammable
30
or
combustible
liquid
storage
tanks.
31
3.
Take
any
action
allowed
by
law
which,
in
the
state
fire
32
marshal’s
director’s
judgment,
is
necessary
to
enforce
or
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secure
compliance
with
this
subchapter
or
any
rule
adopted
34
pursuant
to
this
subchapter
.
35
4.
Conduct
investigations
of
complaints
received
directly,
1
referred
by
other
agencies,
or
other
investigations
deemed
2
necessary.
While
conducting
an
investigation,
the
state
fire
3
marshal
director
may
enter
at
any
reasonable
time
in
and
upon
4
any
private
or
public
property
to
investigate
any
actual
or
5
possible
violation
of
this
subchapter
or
the
rules
or
standards
6
adopted
under
this
subchapter
.
However,
the
owner
or
person
in
7
charge
shall
be
notified.
8
a.
If
the
owner
or
operator
of
any
property
refuses
9
admittance,
or
if
prior
to
such
refusal
the
state
fire
marshal
10
director
demonstrates
the
necessity
for
a
warrant,
the
state
11
fire
marshal
may
make
application
under
oath
or
affirmation
12
to
the
district
court
of
the
county
in
which
the
property
is
13
located
for
the
issuance
of
a
search
warrant.
14
b.
In
the
application
the
state
fire
marshal
director
shall
15
state
that
an
inspection
of
the
premises
is
mandated
by
the
16
laws
of
this
state
or
that
a
search
of
certain
premises,
areas,
17
or
things
designated
in
the
application
may
result
in
evidence
18
tending
to
reveal
the
existence
of
violations
of
public
health,
19
safety,
or
welfare
requirements
imposed
by
statutes,
rules,
or
20
ordinances
established
by
the
state
or
a
political
subdivision
21
of
the
state.
The
application
shall
describe
the
area,
22
premises,
or
thing
to
be
searched,
give
the
date
of
the
last
23
inspection
if
known,
give
the
date
and
time
of
the
proposed
24
inspection,
declare
the
need
for
such
inspection,
recite
that
25
notice
of
the
desire
to
make
an
inspection
has
been
given
to
26
affected
persons
and
that
admission
was
refused
if
that
be
the
27
fact,
and
state
that
the
inspection
has
no
purpose
other
than
28
to
carry
out
the
purpose
of
the
statute,
rule,
or
ordinance
29
pursuant
to
which
inspection
is
to
be
made.
If
an
item
of
30
property
is
sought
by
the
state
fire
marshal
director,
it
shall
31
be
identified
in
the
application.
32
c.
If
the
court
is
satisfied
from
the
examination
of
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the
applicant,
and
of
other
witnesses,
if
any,
and
of
the
34
allegations
of
the
application
of
the
existence
of
the
grounds
35
of
the
application,
or
that
there
is
probable
cause
to
believe
1
in
their
existence,
the
court
may
issue
a
search
warrant.
2
d.
In
making
inspections
and
searches
pursuant
to
the
3
authority
of
this
subchapter
,
the
state
fire
marshal
director
4
must
execute
the
warrant
as
follows:
5
(1)
Within
ten
days
after
its
date.
6
(2)
In
a
reasonable
manner,
and
any
property
seized
shall
7
be
treated
in
accordance
with
the
provisions
of
chapters
808
8
and
809
.
9
(3)
Subject
to
any
restrictions
imposed
by
the
statute,
rule
10
or
ordinance
pursuant
to
which
inspection
is
made.
11
Sec.
1540.
Section
101.25,
Code
2023,
is
amended
to
read
as
12
follows:
13
101.25
Violations
——
orders.
14
1.
If
substantial
evidence
exists
that
a
person
has
15
violated
or
is
violating
a
provision
of
this
subchapter
or
16
a
rule
adopted
under
this
subchapter
the
state
fire
marshal
17
director
may
issue
an
order
directing
the
person
to
desist
18
in
the
practice
which
constitutes
the
violation,
and
to
take
19
corrective
action
as
necessary
to
ensure
that
the
violation
20
will
cease,
and
may
impose
appropriate
administrative
penalties
21
pursuant
to
section
101.26
.
The
person
to
whom
the
order
is
22
issued
may
appeal
the
order
as
provided
in
chapter
17A
.
On
23
appeal,
the
administrative
law
judge
may
affirm,
modify,
or
24
vacate
the
order
of
the
state
fire
marshal
director
.
25
2.
However,
if
it
is
determined
by
the
state
fire
marshal
26
director
that
an
emergency
exists
respecting
any
matter
27
affecting
or
likely
to
affect
the
public
health,
the
fire
28
marshal
director
may
issue
any
order
necessary
to
terminate
29
the
emergency
without
notice
and
without
hearing.
The
order
30
is
binding
and
effective
immediately
and
until
the
order
is
31
modified
or
vacated
at
an
administrative
hearing
or
by
a
32
district
court.
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3.
The
state
fire
marshal
director
may
request
the
attorney
34
general
to
institute
legal
proceedings
pursuant
to
section
35
101.26
.
1
Sec.
1541.
Section
101.26,
Code
2023,
is
amended
to
read
as
2
follows:
3
101.26
Penalties
——
burden
of
proof.
4
1.
A
person
who
violates
this
subchapter
or
a
rule
adopted
5
or
order
issued
pursuant
to
this
subchapter
is
subject
to
a
6
civil
penalty
not
to
exceed
one
hundred
dollars
for
each
day
7
during
which
the
violation
continues,
up
to
a
maximum
of
one
8
thousand
dollars;
however,
if
the
tank
is
registered
within
9
thirty
days
after
the
state
fire
marshal
director
issues
a
10
cease
and
desist
order
pursuant
to
section
101.25,
subsection
11
1
,
the
civil
penalty
under
this
section
shall
not
accrue.
The
12
civil
penalty
is
an
alternative
to
a
criminal
penalty
provided
13
under
this
subchapter
.
14
2.
A
person
who
knowingly
fails
to
notify
or
makes
a
false
15
statement,
representation,
or
certification
in
a
record,
16
report,
or
other
document
filed
or
required
to
be
maintained
17
under
this
subchapter
,
or
violates
an
order
issued
under
this
18
subchapter
,
is
guilty
of
an
aggravated
misdemeanor.
19
3.
The
attorney
general,
at
the
request
of
the
state
fire
20
marshal
director
,
shall
institute
any
legal
proceedings,
21
including
an
action
for
an
injunction,
necessary
to
enforce
the
22
penalty
provisions
of
this
subchapter
or
to
obtain
compliance
23
with
the
provisions
of
this
subchapter
or
rules
adopted
or
24
order
pursuant
to
this
subchapter
.
In
any
action,
previous
25
findings
of
fact
of
the
state
fire
marshal
director
after
26
notice
and
hearing
are
conclusive
if
supported
by
substantial
27
evidence
in
the
record
when
the
record
is
viewed
as
a
whole.
28
4.
In
all
proceedings
with
respect
to
an
alleged
violation
29
of
this
subchapter
or
a
rule
adopted
or
order
issued
by
the
30
state
fire
marshal
director
pursuant
to
this
subchapter
,
the
31
burden
of
proof
is
upon
the
state
fire
marshal
director
.
32
5.
If
the
attorney
general
has
instituted
legal
proceedings
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in
accordance
with
this
section
,
all
related
issues
which
could
34
otherwise
be
raised
by
the
alleged
violator
in
a
proceeding
for
35
judicial
review
under
section
101.27
shall
be
raised
in
the
1
legal
proceedings
instituted
in
accordance
with
this
section
.
2
Sec.
1542.
Section
101.27,
Code
2023,
is
amended
to
read
as
3
follows:
4
101.27
Judicial
review.
5
Except
as
provided
in
section
101.26,
subsection
5
,
6
judicial
review
of
an
order
or
other
action
of
the
state
fire
7
marshal
director
may
be
sought
in
accordance
with
chapter
17A
.
8
Notwithstanding
chapter
17A
,
the
Iowa
administrative
procedure
9
Act,
petitions
for
judicial
review
may
be
filed
in
the
district
10
court
of
the
county
in
which
the
alleged
offense
was
committed
11
or
the
final
order
was
entered.
12
Sec.
1543.
Section
101A.1,
subsections
2,
6,
and
7,
Code
13
2023,
are
amended
to
read
as
follows:
14
2.
“Commercial
license”
or
“license”
means
a
license
issued
15
by
the
state
fire
marshal
director
pursuant
to
this
chapter
.
16
6.
“Licensee”
means
a
person
holding
a
commercial
license
17
issued
by
the
state
fire
marshal
director
pursuant
to
this
18
chapter
.
19
7.
“Magazine”
means
any
building
or
structure,
other
than
an
20
explosives
manufacturing
building,
approved
by
the
state
fire
21
marshal
director
or
the
fire
marshal’s
director’s
designated
22
agent
for
the
storage
of
explosive
materials.
23
Sec.
1544.
Section
101A.1,
Code
2023,
is
amended
by
adding
24
the
following
new
subsection:
25
NEW
SUBSECTION
.
2A.
“Director”
means
the
director
of
26
the
department
of
inspections,
appeals,
and
licensing
or
the
27
director’s
designee.
28
Sec.
1545.
Section
101A.2,
subsections
1
and
2,
Code
2023,
29
are
amended
to
read
as
follows:
30
1.
The
state
fire
marshal
director
shall
issue
commercial
31
licenses
for
the
manufacture,
importation,
distribution,
sale,
32
and
commercial
use
of
explosives
to
persons
who,
in
the
state
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fire
marshal’s
director’s
discretion
are
of
good
character
34
and
sound
judgment,
and
have
sufficient
knowledge
of
the
35
use,
handling,
and
storage
of
explosive
materials
to
protect
1
the
public
safety.
Licenses
shall
be
issued
for
a
period
of
2
three
years,
but
may
be
issued
for
shorter
periods,
and
may
be
3
revoked
or
suspended
by
the
state
fire
marshal
director
for
any
4
of
the
following
reasons:
5
a.
Falsification
of
information
submitted
in
the
application
6
for
a
license.
7
b.
Proof
that
the
licensee
has
violated
any
provisions
of
8
this
chapter
or
any
rules
prescribed
by
the
state
fire
marshal
9
director
pursuant
to
the
provisions
of
this
chapter
.
10
c.
The
results
of
a
national
criminal
history
check
11
conducted
pursuant
to
subsection
3
.
12
2.
Licenses
shall
be
issued
by
the
state
fire
marshal
13
director
upon
payment
of
a
fee
of
sixty
dollars,
valid
for
a
14
period
of
three
calendar
years,
commencing
on
January
1
of
the
15
first
year
and
terminating
on
December
31
of
the
third
year.
16
However,
an
initial
license
may
be
issued
during
a
calendar
17
year
for
the
number
of
months
remaining
in
such
calendar
year
18
and
the
following
two
years,
computed
to
the
first
day
of
the
19
month
when
the
application
for
the
license
is
approved.
The
20
license
fee
shall
be
charged
on
a
pro
rata
basis
for
the
number
21
of
months
remaining
in
the
period
of
issue.
Applications
for
22
renewal
of
licenses
shall
be
submitted
within
thirty
days
prior
23
to
the
license
expiration
date
and
shall
be
accompanied
by
24
payment
of
the
prescribed
fee.
25
Sec.
1546.
Section
101A.3,
subsections
1
and
2,
Code
2023,
26
are
amended
to
read
as
follows:
27
1.
User’s
permits
to
purchase,
possess,
transport,
store,
28
and
detonate
explosive
materials
shall
be
issued
by
the
sheriff
29
of
the
county
or
the
chief
of
police
of
a
city
of
ten
thousand
30
population
or
more
where
the
possession
and
detonation
will
31
occur.
If
the
possession
and
detonation
are
to
occur
in
more
32
than
one
county
or
city,
then
such
permits
must
be
issued
by
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the
sheriff
or
chief
of
police
of
each
of
such
counties
or
34
cities,
except
in
counties
and
cities
in
which
the
explosives
35
are
possessed
for
the
sole
purpose
of
transporting
them
1
through
such
counties
and
cities.
A
permit
shall
not
be
issued
2
unless
the
sheriff
or
chief
of
police
having
jurisdiction
is
3
satisfied
that
possession
and
detonation
of
explosive
materials
4
is
necessary
to
the
applicant’s
business
or
to
improve
the
5
applicant’s
property.
Permits
shall
be
issued
only
to
persons
6
who,
in
the
discretion
of
the
sheriff
or
chief
of
police,
are
7
of
good
character
and
sound
judgment,
and
have
sufficient
8
knowledge
of
the
use
and
handling
of
explosive
materials
to
9
protect
the
public
safety.
Applicants
shall
be
subject
to
the
10
criminal
history
check
provisions
of
section
101A.2,
subsection
11
3
.
The
state
fire
marshal
director
shall
prescribe,
have
12
printed,
and
distribute
permit
application
forms
to
all
local
13
permit
issuing
authorities.
14
2.
The
user’s
permit
shall
state
the
quantity
of
explosive
15
materials
which
the
permittee
may
purchase,
the
amount
the
16
permittee
may
have
in
possession
at
any
one
time,
the
amount
17
the
permittee
may
detonate
at
any
one
time,
and
the
period
of
18
time
during
which
the
purchase,
possession,
and
detonation
19
of
explosive
materials
is
authorized.
The
permit
shall
also
20
specify
the
place
where
detonation
may
occur,
the
location
and
21
description
of
the
place
where
the
explosive
materials
will
22
be
stored,
if
such
be
the
case,
and
shall
contain
such
other
23
information
as
may
be
required
under
the
rules
and
regulations
24
of
the
state
fire
marshal
director
.
The
permit
shall
not
25
authorize
purchase,
possession,
and
detonation
of
a
quantity
of
26
explosive
materials
in
excess
of
that
which
is
necessary
in
the
27
pursuit
of
the
applicant’s
business
or
the
improvement
of
the
28
permittee’s
property,
nor
shall
such
purchase,
possession,
and
29
detonation
be
authorized
for
a
period
longer
than
is
necessary
30
for
the
specified
purpose.
In
no
event
shall
the
permit
be
31
valid
for
more
than
thirty
days
from
date
of
issuance
but
it
32
may
be
renewed
upon
proper
showing
of
necessity.
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Sec.
1547.
Section
101A.4,
subsection
1,
Code
2023,
is
34
amended
to
read
as
follows:
35
1.
Judicial
review
of
the
action
of
the
state
fire
marshal
1
director
may
be
sought
in
accordance
with
the
terms
of
the
Iowa
2
administrative
procedure
Act,
chapter
17A
.
3
Sec.
1548.
Section
101A.5,
Code
2023,
is
amended
to
read
as
4
follows:
5
101A.5
Rules
——
director
duties
.
6
1.
The
state
fire
marshal
director
shall
adopt
rules
7
pursuant
to
chapter
17A
pertaining
to
the
manufacture,
8
transportation,
storage,
possession,
and
use
of
explosive
9
materials.
Rules
adopted
by
the
state
fire
marshal
director
10
shall
be
compatible
with,
but
not
limited
to,
the
national
11
fire
protection
association’s
pamphlet
number
495
and
federal
12
rules
pertaining
to
commerce,
possession,
storage,
and
use
of
13
explosive
materials.
Such
rules
shall
do
all
of
the
following
:
14
1.
a.
Prescribe
reasonable
standards
for
the
safe
15
transportation
and
handling
of
explosive
materials
so
as
to
16
prevent
accidental
fires
and
explosions
and
prevent
theft
and
17
unlawful
or
unauthorized
possession
of
explosive
materials.
18
2.
b.
Prescribe
procedures
and
methods
of
inventory
so
19
as
to
assure
accurate
records
of
all
explosive
materials
20
manufactured
or
imported
into
the
state
and
records
of
the
21
disposition
of
such
explosive
materials,
including
records
of
22
the
identity
of
persons
to
whom
sales
and
transfers
are
made,
23
and
the
time
and
place
of
any
loss
or
destruction
of
explosive
24
materials
which
might
occur.
25
3.
c.
Prescribe
reasonable
standards
for
the
safe
26
storage
of
explosive
materials
as
may
be
necessary
to
prevent
27
accidental
fires
and
explosions
and
prevent
thefts
and
unlawful
28
or
unauthorized
possession
of
explosive
materials.
29
4.
d.
Require
such
reports
from
licensees,
permittees,
30
sheriffs,
and
chiefs
of
police
as
may
be
necessary
for
the
31
state
fire
marshal
director
to
discharge
the
fire
marshal’s
32
director’s
duties
pursuant
to
this
chapter
.
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5.
e.
Prescribe
the
form
and
content
of
license
and
permit
34
applications.
35
6.
2.
Conduct
The
director
shall
conduct
such
inspections
1
of
licensees
and
permittees
as
may
be
necessary
to
enforce
the
2
provisions
of
this
chapter
.
3
Sec.
1549.
Section
101A.7,
Code
2023,
is
amended
to
read
as
4
follows:
5
101A.7
Inspection
of
storage
facility.
6
1.
The
licensee’s
or
permittee’s
explosives
storage
7
facility
shall
be
inspected
at
least
once
a
year
by
a
8
representative
of
the
state
fire
marshal’s
office
department
9
of
inspections,
appeals,
and
licensing
,
except
that
the
state
10
fire
marshal
director
may,
at
those
mining
operations
licensed
11
and
regulated
by
the
United
States
department
of
labor,
accept
12
an
approved
inspection
report
issued
by
the
United
States
13
department
of
labor,
mine
safety
and
health
administration,
for
14
the
twelve-month
period
following
the
issuance
of
the
report.
15
The
state
fire
marshal
director
shall
notify
the
appropriate
16
city
or
county
governing
board
of
licenses
to
be
issued
in
17
their
respective
jurisdictions
pursuant
to
this
chapter
.
The
18
notification
shall
contain
the
name
of
the
applicant
to
be
19
licensed,
the
location
of
the
facilities
to
be
used
in
storing
20
explosives,
the
types
and
quantities
of
explosive
materials
to
21
be
stored,
and
other
information
deemed
necessary
by
either
22
the
governing
boards
or
the
state
fire
marshal
director
.
The
23
facility
may
be
examined
at
other
times
by
the
sheriff
of
the
24
county
where
the
facility
is
located
or
by
the
local
police
25
authority
if
the
facility
is
located
within
a
city
of
over
26
ten
thousand
population
and
if
the
sheriff
or
city
council
27
considers
it
necessary.
28
2.
If
the
state
fire
marshal
director
finds
the
facility
29
to
be
improperly
secured,
the
licensee
or
permittee
shall
30
immediately
correct
the
improper
security
and,
if
not
so
31
corrected,
the
state
fire
marshal
director
shall
immediately
32
confiscate
the
stored
explosives.
Explosives
may
be
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confiscated
by
the
county
sheriff
or
local
police
authority
34
only
if
a
situation
that
is
discovered
during
an
examination
by
35
those
authorities
is
deemed
to
present
an
immediate
danger.
If
1
the
explosives
are
confiscated
by
the
county
sheriff
or
local
2
police
authority,
they
shall
be
delivered
to
the
state
fire
3
marshal
director
.
The
state
fire
marshal
director
shall
hold
4
confiscated
explosives
for
a
period
of
thirty
days
under
proper
5
security
unless
the
period
of
holding
is
shortened
pursuant
to
6
this
section
.
7
3.
If
the
licensee
or
permittee
corrects
the
improper
8
security
within
the
thirty-day
period,
the
explosives
shall
9
be
returned
to
the
licensee
or
permittee
after
correction
and
10
after
the
licensee
or
permittee
has
paid
to
the
state
an
amount
11
equal
to
the
expense
incurred
by
the
state
in
storing
the
12
explosives
during
the
period
of
confiscation.
The
amount
of
13
expense
shall
be
determined
by
the
state
fire
marshal
director
.
14
4.
If
the
improper
security
is
not
corrected
during
the
15
thirty-day
period,
the
state
fire
marshal
director
shall
16
dispose
of
the
explosives
and
the
license
or
permit
shall
be
17
canceled.
A
canceled
license
or
permit
shall
not
be
reissued
18
for
a
period
of
two
years
from
the
date
of
cancellation.
19
Sec.
1550.
Section
101A.8,
Code
2023,
is
amended
to
read
as
20
follows:
21
101A.8
Report
of
theft
or
loss
required.
22
Any
theft
or
loss
of
explosive
materials,
whether
from
23
a
storage
magazine,
a
vehicle
in
which
they
are
being
24
transported,
or
from
a
site
on
which
they
are
being
used,
25
or
from
any
other
location,
shall
immediately
be
reported
by
26
the
person
authorized
to
possess
such
explosives
to
the
local
27
police
or
county
sheriff.
The
local
police
or
county
sheriff
28
shall
immediately
transmit
a
report
of
such
theft
or
loss
of
29
explosive
materials
to
the
state
fire
marshal
director
.
30
Sec.
1551.
Section
101A.9,
Code
2023,
is
amended
to
read
as
31
follows:
32
101A.9
Disposal
regulated.
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No
person
shall
abandon
or
otherwise
dispose
of
any
34
explosives
in
any
manner
which
might,
as
the
result
of
such
35
abandonment
or
disposal,
create
any
danger
or
threat
of
danger
1
to
life
or
property.
Any
person
in
possession
or
control
of
2
explosives
shall,
when
the
need
for
such
explosives
no
longer
3
exists,
dispose
of
them
in
accordance
with
rules
prescribed
by
4
the
state
fire
marshal
director
.
5
Sec.
1552.
Section
101A.10,
Code
2023,
is
amended
to
read
6
as
follows:
7
101A.10
Persons
and
agencies
exempt.
8
This
chapter
shall
not
apply
to
the
transportation
and
9
use
of
explosive
materials
by
the
regular
military
or
naval
10
forces
of
the
United
States,
the
duly
organized
militia
of
this
11
state,
representatives
of
the
state
fire
marshal
director
,
the
12
state
patrol,
division
of
criminal
investigation,
local
police
13
departments,
sheriffs
departments,
and
fire
departments
acting
14
in
their
official
capacity;
nor
shall
this
chapter
apply
to
15
the
transportation
and
use
of
explosive
materials
by
any
peace
16
officer
to
enforce
provisions
of
this
chapter
when
the
peace
17
officer
is
acting
pursuant
to
such
authority,
however,
other
18
agencies
of
the
state
or
any
of
its
political
subdivisions
19
desiring
to
purchase,
possess,
transport,
or
use
explosive
20
materials
for
construction
or
other
purposes
shall
be
required
21
to
obtain
user’s
permits.
22
Sec.
1553.
Section
101A.12,
Code
2023,
is
amended
to
read
23
as
follows:
24
101A.12
Deposit
and
use
of
fees.
25
The
fees
collected
by
the
state
fire
marshal
director
in
26
issuing
licenses
pursuant
to
this
chapter
shall
be
deposited
in
27
the
state
general
fund.
28
Sec.
1554.
Section
101A.14,
subsection
2,
Code
2023,
is
29
amended
to
read
as
follows:
30
2.
Any
person
who
violates
the
provisions
of
section
101A.6
,
31
101A.8
or
101A.9
or
any
of
the
rules
adopted
by
the
state
fire
32
marshal
director
pursuant
to
the
provisions
of
this
chapter
,
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commits
a
simple
misdemeanor.
34
Sec.
1555.
Section
101B.2,
subsection
3,
Code
2023,
is
35
amended
to
read
as
follows:
1
3.
“Department”
means
the
department
of
public
safety
2
inspections,
appeals,
and
licensing
.
3
Sec.
1556.
Section
101B.3,
subsection
4,
Code
2023,
is
4
amended
to
read
as
follows:
5
4.
The
department
of
public
safety
shall
administer
6
this
chapter
and
may
adopt
rules
pursuant
to
chapter
17A
to
7
administer
this
chapter
.
This
chapter
shall
be
implemented
in
8
accordance
with
the
implementation
and
substance
of
the
New
9
York
fire
safety
standards
for
cigarettes.
10
Sec.
1557.
Section
101B.6,
subsection
2,
Code
2023,
is
11
amended
to
read
as
follows:
12
2.
A
wholesaler
or
agent
shall
provide
a
copy
of
the
13
cigarette
packaging
markings
received
from
a
manufacturer
to
14
all
retailers
to
whom
the
wholesaler
or
agent
sells
cigarettes.
15
A
wholesaler,
agent,
or
retailer
shall
permit
the
state
fire
16
marshal
department
,
department
of
revenue,
or
the
office
of
the
17
attorney
general
to
inspect
markings
of
cigarette
packaging
18
marked
in
accordance
with
section
101B.7
.
19
Sec.
1558.
Section
101B.8,
subsections
7,
8,
and
9,
Code
20
2023,
are
amended
to
read
as
follows:
21
7.
In
addition
to
any
other
remedy
provided
by
law,
the
22
department
of
public
safety
or
the
office
of
the
attorney
23
general
may
file
an
action
in
district
court
for
a
violation
of
24
this
chapter
,
including
petitioning
for
injunctive
relief
or
to
25
recover
any
costs
or
damages
suffered
by
the
state
because
of
a
26
violation
of
this
chapter
,
including
enforcement
costs
relating
27
to
the
specific
violation
and
attorney
fees.
Each
violation
of
28
the
chapter
or
of
rules
adopted
under
this
chapter
constitutes
29
a
separate
civil
violation
for
which
the
department
of
public
30
safety
or
the
office
of
the
attorney
general
may
seek
relief.
31
8.
The
department
of
revenue
in
the
regular
course
of
32
conducting
inspections
of
a
wholesaler,
agent,
or
retailer
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may
inspect
cigarettes
in
the
possession
or
control
of
the
34
wholesaler,
agent,
or
retailer
or
on
the
premises
of
any
35
wholesaler,
agent,
or
retailer
to
determine
if
the
cigarettes
1
are
marked
as
required
pursuant
to
section
101B.7
.
If
the
2
cigarettes
are
not
marked
as
required,
the
department
of
3
revenue
shall
notify
the
department
of
public
safety
.
4
9.
To
enforce
the
provisions
of
this
chapter
,
the
department
5
of
public
safety
and
the
office
of
the
attorney
general
may
6
examine
the
books,
papers,
invoices,
and
other
records
of
any
7
person
in
possession,
control,
or
occupancy
of
any
premises
8
where
cigarettes
are
placed,
sold,
or
offered
for
sale,
9
including
the
stock
of
cigarettes
on
the
premises.
10
Sec.
1559.
Section
101B.10,
subsection
1,
Code
2023,
is
11
amended
to
read
as
follows:
12
1.
This
chapter
shall
cease
to
be
applicable
if
federal
13
fire
safety
standards
for
cigarettes
that
preempt
this
chapter
14
are
enacted
and
take
effect
subsequent
to
January
1,
2009,
and
15
the
state
fire
marshal
department
shall
notify
the
secretary
of
16
state
and
the
Code
editor
if
such
federal
fire
safety
standards
17
for
cigarettes
are
enacted.
18
Sec.
1560.
Section
103.1,
Code
2023,
is
amended
by
adding
19
the
following
new
subsections:
20
NEW
SUBSECTION
.
6A.
“Department”
means
the
department
of
21
inspections,
appeals,
and
licensing.
22
NEW
SUBSECTION
.
6B.
“Director”
means
the
director
of
23
the
department
of
inspections,
appeals,
and
licensing
or
the
24
director’s
designee.
25
Sec.
1561.
Section
103.2,
subsection
1,
Code
2023,
is
26
amended
to
read
as
follows:
27
1.
An
electrical
examining
board
is
created
within
the
28
division
of
state
fire
marshal
of
the
department
of
public
29
safety
.
The
board
shall
consist
of
eleven
voting
members
30
appointed
by
the
governor
and
subject
to
senate
confirmation
,
31
all
of
whom
shall
be
residents
of
this
state.
Except
for
the
32
board
member
enumerated
in
subsection
2,
paragraph
“e”
,
members
33
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shall
be
appointed
by
the
governor
and
subject
to
senate
34
confirmation.
35
Sec.
1562.
Section
103.2,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
2A.
a.
The
board
shall
elect
annually
from
3
its
members
a
chairperson
and
a
vice
chairperson.
4
b.
The
board
shall
hold
at
least
one
meeting
quarterly
at
5
the
location
of
the
board’s
principal
office,
and
meetings
6
shall
be
called
at
other
times
by
the
chairperson
or
four
7
members
of
the
board.
At
any
meeting
of
the
board,
a
majority
8
of
members
constitutes
a
quorum.
9
Sec.
1563.
Section
103.4,
Code
2023,
is
amended
by
striking
10
the
section
and
inserting
in
lieu
thereof
the
following:
11
103.4
Executive
secretary
——
staff
and
duties.
12
The
director
shall
appoint
an
executive
secretary
for
the
13
board
and
shall
hire
and
provide
staff
to
assist
the
board
14
in
administering
this
chapter.
The
executive
secretary
15
shall
report
to
the
director
for
purposes
of
routine
board
16
administrative
functions,
and
shall
report
directly
to
17
the
board
for
purposes
of
execution
of
board
policy
such
18
as
application
of
licensing
criteria
and
processing
of
19
applications.
20
Sec.
1564.
Section
103.7,
Code
2023,
is
amended
to
read
as
21
follows:
22
103.7
Electrician
and
installer
licensing
and
inspection
23
fund.
24
An
electrician
and
installer
licensing
and
inspection
fund
25
is
created
in
the
state
treasury
as
a
separate
fund
under
the
26
control
of
the
board.
All
licensing,
examination,
renewal,
27
and
inspection
fees
shall
be
deposited
into
the
fund
and
28
retained
by
and
for
the
use
of
the
board.
Expenditures
from
29
the
fund
shall
be
approved
by
the
sole
authority
of
the
board
30
in
consultation
with
the
state
fire
marshal
director
.
Amounts
31
deposited
into
the
fund
shall
be
considered
repayment
receipts
32
as
defined
in
section
8.2
.
Notwithstanding
section
8.33
,
any
33
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balance
in
the
fund
on
June
30
of
each
fiscal
year
shall
not
34
revert
to
the
general
fund
of
the
state,
but
shall
remain
35
available
for
the
purposes
of
this
chapter
in
subsequent
fiscal
1
years.
Notwithstanding
section
12C.7,
subsection
2
,
interest
2
or
earnings
on
moneys
deposited
in
the
fund
shall
be
credited
3
to
the
fund.
4
Sec.
1565.
Section
103.14,
Code
2023,
is
amended
to
read
as
5
follows:
6
103.14
Alarm
installations.
7
A
person
who
is
not
licensed
pursuant
to
this
chapter
may
8
plan,
lay
out,
or
install
electrical
wiring,
apparatus,
and
9
equipment
for
components
of
alarm
systems
that
operate
at
10
seventy
volt/amps
(VA)
or
less,
only
if
the
person
is
certified
11
to
conduct
such
work
pursuant
to
chapter
100C
.
Installations
12
of
alarm
systems
that
operate
at
seventy
volt/amps
(VA)
or
less
13
are
subject
to
inspection
by
state
inspectors
as
provided
in
14
section
103.31
,
except
that
reports
of
such
inspections,
if
15
the
installation
being
inspected
was
performed
by
a
person
16
certified
pursuant
to
chapter
100C
,
shall
be
submitted
to
17
the
state
fire
marshal
director
and
any
action
taken
on
a
18
report
of
an
inspection
of
an
installation
performed
by
a
19
person
certified
pursuant
to
chapter
100C
shall
be
taken
by
20
or
at
the
direction
of
the
state
fire
marshal,
unless
the
21
installation
has
been
found
to
exceed
the
authority
granted
to
22
the
certificate
holder
pursuant
to
chapter
100C
and
therefore
23
to
be
in
violation
of
this
chapter
.
24
Sec.
1566.
Section
103.25,
subsection
1,
Code
2023,
is
25
amended
to
read
as
follows:
26
1.
At
or
before
commencement
of
any
installation
required
27
to
be
inspected
by
the
board,
the
licensee
or
property
owner
28
making
such
installation
shall
submit
to
the
state
fire
29
marshal’s
office
department
a
request
for
inspection.
The
30
board
shall
prescribe
the
methods
by
which
the
request
may
be
31
submitted,
which
may
include
electronic
submission
or
through
32
a
form
prescribed
by
the
board
that
can
be
submitted
either
33
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through
the
mail
or
by
a
fax
transmission.
The
board
shall
34
also
prescribe
methods
by
which
inspection
fees
can
be
paid,
35
which
may
include
electronic
methods
of
payment.
If
the
board
1
or
the
state
fire
marshal’s
office
department
becomes
aware
2
that
a
person
has
failed
to
file
a
necessary
request
for
3
inspection,
the
board
shall
send
a
written
notification
by
4
certified
mail
that
the
request
must
be
filed
within
fourteen
5
days.
Any
person
filing
a
late
request
for
inspection
shall
6
pay
a
delinquency
fee
in
an
amount
to
be
determined
by
the
7
board.
A
person
who
fails
to
file
a
late
request
within
8
fourteen
days
from
receipt
of
the
notification
shall
be
subject
9
to
a
civil
penalty
to
be
determined
by
the
board
by
rule.
10
Sec.
1567.
Section
103.26,
Code
2023,
is
amended
to
read
as
11
follows:
12
103.26
Condemnation
——
disconnection
——
opportunity
to
13
correct
noncompliance.
14
If
the
inspector
finds
that
any
installation
or
portion
of
15
an
installation
is
not
in
compliance
with
accepted
standards
16
of
construction
for
health
safety
and
property
safety,
based
17
upon
minimum
standards
set
forth
in
the
local
electrical
18
code
or
the
national
electrical
code
adopted
by
the
board
19
pursuant
to
section
103.6
,
the
inspector
shall
by
written
20
order
condemn
the
installation
or
noncomplying
portion
or
21
order
service
to
such
installation
disconnected
and
shall
22
send
a
copy
of
such
order
to
the
board,
the
state
fire
23
marshal
director
,
and
the
electrical
utility
supplying
power
24
involved.
If
the
installation
or
the
noncomplying
portion
is
25
such
as
to
seriously
and
proximately
endanger
human
health
26
or
property,
the
order
of
the
inspector
when
approved
by
the
27
inspector’s
supervisor
shall
require
immediate
condemnation
28
and
disconnection
by
the
applicant.
In
all
other
cases,
the
29
order
of
the
inspector
shall
establish
a
reasonable
period
30
of
time
for
the
installation
to
be
brought
into
compliance
31
with
accepted
standards
of
construction
for
health
safety
and
32
property
safety
prior
to
the
effective
date
established
in
such
33
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order
for
condemnation
or
disconnection.
34
Sec.
1568.
Section
103.31,
subsections
3,
4,
and
5,
Code
35
2023,
are
amended
to
read
as
follows:
1
3.
State
inspection
procedures
and
policies
shall
be
2
established
by
the
board.
The
state
fire
marshal
director
,
or
3
the
state
fire
marshal’s
director’s
designee,
shall
enforce
4
the
procedures
and
policies,
and
enforce
the
provisions
of
the
5
national
electrical
code
adopted
by
the
board.
6
4.
Except
when
an
inspection
reveals
that
an
installation
or
7
portion
of
an
installation
is
not
in
compliance
with
accepted
8
standards
of
construction
for
health
safety
and
property
9
safety,
based
upon
minimum
standards
set
forth
in
the
local
10
electrical
code
or
the
national
electrical
code
adopted
by
11
the
board
pursuant
to
section
103.6
,
such
that
an
order
of
12
condemnation
or
disconnection
is
warranted
pursuant
to
section
13
103.26
,
an
inspector
shall
not
add
to,
modify,
or
amend
a
14
construction
plan
as
originally
approved
by
the
state
fire
15
marshal
director
or
the
state
building
code
commissioner
in
the
16
course
of
conducting
an
inspection.
17
5.
Management
and
supervision
of
inspectors,
including
18
hiring
decisions,
disciplinary
action,
promotions,
and
work
19
schedules
are
the
responsibility
of
the
state
fire
marshal
20
director
acting
in
accordance
with
applicable
law
and
pursuant
21
to
any
applicable
collective
bargaining
agreement.
The
state
22
fire
marshal
director
and
the
board
shall
jointly
determine
23
work
territories,
regions,
or
districts
for
inspectors
24
and
continuing
education
and
ongoing
training
requirements
25
applicable
to
inspectors.
An
inspector
subject
to
disciplinary
26
action
pursuant
to
this
subsection
shall
be
entitled
to
an
27
appeal
according
to
the
procedure
set
forth
in
section
103.34
28
and
judicial
review
pursuant
to
section
17A.19
.
29
Sec.
1569.
Section
103.32,
subsection
3,
Code
2023,
is
30
amended
to
read
as
follows:
31
3.
When
an
inspection
is
requested
by
a
property
owner,
32
the
minimum
fee
shall
be
thirty
dollars
plus
five
dollars
33
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per
branch
circuit
or
feeder.
The
fee
for
fire
and
accident
34
inspections
shall
be
computed
at
the
rate
of
forty-seven
35
dollars
per
hour,
and
mileage
and
other
expenses
shall
be
1
reimbursed
as
provided
by
the
office
of
the
state
fire
marshal
2
department
.
3
Sec.
1570.
Section
103.33,
subsection
1,
Code
2023,
is
4
amended
to
read
as
follows:
5
1.
Any
person
aggrieved
by
a
condemnation
or
disconnection
6
order
issued
by
the
state
fire
marshal’s
office
department
may
7
appeal
from
the
order
by
filing
a
written
notice
of
appeal
with
8
the
board
within
ten
days
after
the
date
the
order
was
served
9
upon
the
property
owner
or
within
ten
days
after
the
order
was
10
filed
with
the
board,
whichever
is
later.
11
Sec.
1571.
Section
103A.3,
Code
2023,
is
amended
by
adding
12
the
following
new
subsections:
13
NEW
SUBSECTION
.
6A.
“Department”
means
the
department
of
14
inspections,
appeals,
and
licensing.
15
NEW
SUBSECTION
.
6B.
“Director”
means
the
director
of
16
the
department
of
inspections,
appeals,
and
licensing
or
the
17
director’s
designee.
18
Sec.
1572.
Section
103A.4,
Code
2023,
is
amended
to
read
as
19
follows:
20
103A.4
Building
code
commissioner.
21
The
commissioner
of
public
safety
director
,
in
addition
22
to
other
duties,
shall
serve
as
the
state
building
code
23
commissioner
or
may
designate
a
building
code
commissioner.
24
Sec.
1573.
Section
103A.23,
subsection
1,
Code
2023,
is
25
amended
to
read
as
follows:
26
1.
For
the
purpose
of
obtaining
revenue
to
defray
the
27
costs
of
administering
the
provisions
of
this
chapter
,
the
28
commissioner
shall
establish
by
rule
a
schedule
of
fees
based
29
upon
the
costs
of
administration
which
fees
shall
be
collected
30
from
persons
whose
manufacture,
installation,
or
construction
31
is
subject
to
the
provisions
of
the
state
building
code.
For
32
the
performance
of
building
plan
reviews
by
the
department
33
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of
public
safety
,
the
commissioner
shall
establish
by
rule
a
34
fee,
chargeable
to
the
owner
of
the
building,
which
shall
be
35
equal
to
a
percentage
of
the
estimated
total
valuation
of
the
1
building
and
which
shall
be
in
an
amount
reasonably
related
to
2
the
cost
of
conducting
the
review.
3
Sec.
1574.
Section
103A.54,
Code
2023,
is
amended
to
read
4
as
follows:
5
103A.54
Fees.
6
Notwithstanding
section
103A.23
,
the
department
of
7
public
safety
shall
retain
all
fees
collected
pursuant
to
8
this
subchapter
and
the
fees
retained
are
appropriated
to
9
the
commissioner
to
administer
the
licensing
program
and
10
the
certification
program
for
manufactured
or
mobile
home
11
installers,
including
the
employment
of
personnel
for
the
12
enforcement
and
administration
of
such
programs.
13
Sec.
1575.
Section
105.2,
subsection
4,
Code
2023,
is
14
amended
to
read
as
follows:
15
4.
“Department”
means
the
Iowa
department
of
public
health
16
inspections,
appeals,
and
licensing
.
17
Sec.
1576.
Section
105.3,
subsection
1,
Code
2023,
is
18
amended
to
read
as
follows:
19
1.
A
plumbing
and
mechanical
systems
board
is
created
within
20
the
Iowa
department
of
public
health
.
21
Sec.
1577.
Section
105.3,
subsection
2,
paragraph
a,
22
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
23
follows:
24
The
board
shall
be
comprised
of
eleven
twelve
voting
25
members
,
appointed
by
the
governor,
as
follows:
26
Sec.
1578.
Section
105.3,
subsection
2,
paragraph
a,
27
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
28
(1)
The
director
of
public
health
and
human
services
or
the
29
director’s
designee.
30
Sec.
1579.
Section
105.3,
subsection
2,
paragraph
a,
Code
31
2023,
is
amended
by
adding
the
following
new
subparagraph:
32
NEW
SUBPARAGRAPH
.
(2A)
The
director
of
the
department
of
33
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inspections,
appeals,
and
licensing
or
the
director’s
designee.
34
Sec.
1580.
Section
105.3,
subsection
2,
paragraph
b,
Code
35
2023,
is
amended
to
read
as
follows:
1
b.
The
board
members
enumerated
in
paragraph
a
“a”
,
2
subparagraphs
(3)
through
(9),
are
shall
be
appointed
by
the
3
governor
and
subject
to
confirmation
by
the
senate.
4
Sec.
1581.
Section
105.4,
subsection
1,
paragraph
a,
Code
5
2023,
is
amended
to
read
as
follows:
6
a.
The
board
shall
establish
by
rule
a
plumbing
installation
7
code
governing
the
installation
of
plumbing
in
this
state.
8
Consistent
with
fire
safety
rules
and
standards
promulgated
9
by
the
state
fire
marshal
department
,
the
board
shall
adopt
10
the
most
current
version
of
the
uniform
plumbing
code
and
the
11
international
mechanical
code,
as
the
state
plumbing
code
12
and
the
state
mechanical
code,
to
govern
the
installation
of
13
plumbing
and
mechanical
systems
in
this
state.
The
board
shall
14
adopt
the
current
version
of
each
code
within
six
months
of
its
15
being
released.
The
board
may
adopt
amendments
to
each
code
by
16
rule.
The
board
shall
work
in
consultation
with
the
state
fire
17
marshal
department
to
ensure
that
proposed
amendments
do
not
18
conflict
with
the
fire
safety
rules
and
standards
promulgated
19
by
the
state
fire
marshal
department
.
The
state
plumbing
20
code
and
the
state
mechanical
code
shall
be
applicable
to
all
21
buildings
and
structures
owned
by
the
state
or
an
agency
of
the
22
state
and
in
each
local
jurisdiction.
23
Sec.
1582.
Section
105.12,
subsection
1,
Code
2023,
is
24
amended
to
read
as
follows:
25
1.
A
contracting,
plumbing,
mechanical,
HVAC-refrigeration,
26
sheet
metal,
or
hydronic
license
shall
be
in
the
form
of
a
27
certificate
under
the
seal
of
the
department,
signed
by
the
28
director
of
public
health
the
department
,
and
shall
be
issued
29
in
the
name
of
the
board.
The
license
number
shall
be
noted
on
30
the
face
of
the
license.
31
Sec.
1583.
Section
135.11A,
Code
2023,
is
amended
to
read
32
as
follows:
33
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135.11A
Professional
licensure
division
——
other
licensing
34
Licensing
boards
——
expenses
——
fees.
35
1.
There
shall
be
a
professional
licensure
division
within
1
the
department
of
public
health.
Each
board
under
chapter
2
chapters
100C,
103,
103A,
105,
or
147
or
that
are
under
the
3
administrative
authority
of
the
department,
except
the
board
4
of
nursing,
board
of
medicine,
dental
board,
and
board
of
5
pharmacy,
shall
receive
administrative
and
clerical
support
6
from
the
division
department
and
may
not
employ
its
own
support
7
staff
for
administrative
and
clerical
duties.
The
executive
8
director
of
the
board
of
nursing,
board
of
medicine,
dental
9
board,
and
board
of
pharmacy
shall
be
appointed
pursuant
to
10
section
135.11B
.
11
2.
The
professional
licensure
division
department
and
the
12
licensing
boards
referenced
in
subsection
1
may
expend
funds
in
13
addition
to
amounts
budgeted,
if
those
additional
expenditures
14
are
directly
the
result
of
actual
examination
and
exceed
funds
15
budgeted
for
examinations.
Before
the
division
department
or
a
16
licensing
board
expends
or
encumbers
an
amount
in
excess
of
the
17
funds
budgeted
for
examinations,
the
director
of
the
department
18
of
management
shall
approve
the
expenditure
or
encumbrance.
19
Before
approval
is
given,
the
department
of
management
shall
20
determine
that
the
examination
expenses
exceed
the
funds
21
budgeted
by
the
general
assembly
to
the
division
department
22
or
board
and
the
division
department
or
board
does
not
have
23
other
funds
from
which
examination
expenses
can
be
paid.
24
Upon
approval
of
the
department
of
management,
the
division
25
department
or
licensing
board
may
expend
and
encumber
funds
for
26
excess
examination
expenses.
The
amounts
necessary
to
fund
27
the
excess
examination
expenses
shall
be
collected
as
fees
28
from
additional
examination
applicants
and
shall
be
treated
as
29
repayment
receipts
as
defined
in
section
8.2
.
30
Sec.
1584.
Section
135.24,
subsection
2,
paragraph
a,
Code
31
2023,
is
amended
to
read
as
follows:
32
a.
Procedures
for
registration
of
health
care
providers
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deemed
qualified
by
the
board
of
medicine,
the
board
of
34
physician
assistants,
the
dental
board,
the
board
of
nursing,
35
the
board
of
chiropractic,
the
board
of
psychology,
the
board
1
of
social
work,
the
board
of
behavioral
science,
the
board
2
of
pharmacy,
the
board
of
optometry,
the
board
of
podiatry,
3
the
board
of
physical
and
occupational
therapy,
the
board
of
4
respiratory
care
and
polysomnography,
and
the
Iowa
department
5
of
public
health
inspections,
appeals,
and
licensing
,
as
6
applicable.
7
Sec.
1585.
Section
135.31,
Code
2023,
is
amended
to
read
as
8
follows:
9
135.31
Location
of
boards
——
rulemaking.
10
The
offices
for
the
board
of
medicine,
the
board
of
pharmacy,
11
the
board
of
nursing,
and
the
dental
board
shall
be
located
12
within
the
department
of
public
health
.
The
individual
boards
13
shall
have
policymaking
and
rulemaking
authority.
14
Sec.
1586.
Section
135.37,
Code
2023,
is
amended
to
read
as
15
follows:
16
135.37
Tattooing
——
permit
requirement
——
penalty.
17
1.
A
person
shall
not
own,
control
and
lease,
act
as
an
18
agent
for,
conduct,
manage,
or
operate
an
establishment
to
19
practice
the
art
of
tattooing
or
engage
in
the
practice
of
20
tattooing
without
first
applying
for
and
receiving
a
permit
21
from
the
Iowa
department
of
public
health
.
22
2.
A
minor
shall
not
obtain
a
tattoo
and
a
person
shall
23
not
provide
a
tattoo
to
a
minor.
For
the
purposes
of
this
24
section
,
“minor”
means
an
unmarried
person
who
is
under
the
age
25
of
eighteen
years.
26
3.
A
person
who
fails
to
meet
the
requirements
of
subsection
27
1
or
a
person
providing
a
tattoo
to
a
minor
is
guilty
of
a
28
serious
misdemeanor.
29
4.
The
Iowa
department
of
public
health
shall:
30
a.
Adopt
rules
pursuant
to
chapter
17A
and
establish
and
31
collect
all
fees
necessary
to
administer
this
section
.
The
32
provisions
of
chapter
17A
,
including
licensing
provisions,
33
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judicial
review,
and
appeal,
shall
apply
to
this
chapter
34
section
.
35
b.
Establish
minimum
safety
and
sanitation
criteria
for
the
1
operation
of
tattooing
establishments.
2
5.
If
the
Iowa
department
of
public
health
determines
that
3
a
provision
of
this
section
has
been
or
is
being
violated,
the
4
department
may
order
that
a
tattooing
establishment
not
be
5
operated
until
the
necessary
corrective
action
has
been
taken.
6
If
the
establishment
continues
to
be
operated
in
violation
of
7
the
order
of
the
department,
the
department
may
request
that
8
the
county
attorney
or
the
attorney
general
make
an
application
9
in
the
name
of
the
state
to
the
district
court
of
the
county
10
in
which
the
violations
have
occurred
for
an
order
to
enjoin
11
the
violations.
This
remedy
is
in
addition
to
any
other
legal
12
remedy
available
to
the
department.
13
6.
As
necessary
to
avoid
duplication
and
promote
14
coordination
of
public
health
inspection
and
enforcement
15
activities,
the
department
may
enter
into
agreements
with
16
local
boards
of
health
to
provide
for
inspection
of
tattooing
17
establishments
and
enforcement
activities
in
accordance
with
18
the
rules
and
criteria
implemented
under
this
section
.
19
Sec.
1587.
Section
135.61,
unnumbered
paragraph
1,
Code
20
2023,
is
amended
to
read
as
follows:
21
As
used
in
this
subchapter
part
,
unless
the
context
22
otherwise
requires:
23
Sec.
1588.
Section
135.61,
subsection
1,
paragraph
d,
Code
24
2023,
is
amended
to
read
as
follows:
25
d.
Each
institutional
health
facility
or
health
maintenance
26
organization
which,
prior
to
receipt
of
the
application
by
the
27
department,
has
formally
indicated
to
the
department
pursuant
28
to
this
subchapter
part
an
intent
to
furnish
in
the
future
29
institutional
health
services
similar
to
the
new
institutional
30
health
service
proposed
in
the
application.
31
Sec.
1589.
Section
135.61,
subsection
4,
Code
2023,
is
32
amended
to
read
as
follows:
33
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4.
“Council”
means
the
state
health
facilities
council
34
established
by
this
subchapter
part
.
35
Sec.
1590.
Section
135.61,
subsections
5
and
7,
Code
2023,
1
are
amended
by
striking
the
subsections.
2
Sec.
1591.
Section
135.62,
subsection
1,
Code
2023,
is
3
amended
to
read
as
follows:
4
1.
This
subchapter
part
shall
be
administered
by
the
5
department.
The
director
shall
employ
or
cause
to
be
employed
6
the
necessary
persons
to
discharge
the
duties
imposed
on
the
7
department
by
this
subchapter
part
.
8
Sec.
1592.
Section
135.62,
subsection
2,
paragraph
e,
9
subparagraphs
(2),
(4),
and
(5),
Code
2023,
are
amended
to
read
10
as
follows:
11
(2)
Determine
and
adopt
such
policies
as
are
authorized
by
12
law
and
are
deemed
necessary
to
the
efficient
discharge
of
its
13
duties
under
this
subchapter
part
.
14
(4)
Advise
and
counsel
with
the
director
concerning
15
the
provisions
of
this
subchapter
part
and
the
policies
16
and
procedures
adopted
by
the
department
pursuant
to
this
17
subchapter
part
.
18
(5)
Review
and
approve,
prior
to
promulgation,
all
rules
19
adopted
by
the
department
under
this
subchapter
part
.
20
Sec.
1593.
Section
135.63,
subsection
1,
Code
2023,
is
21
amended
to
read
as
follows:
22
1.
A
new
institutional
health
service
or
changed
23
institutional
health
service
shall
not
be
offered
or
developed
24
in
this
state
without
prior
application
to
the
department
25
for
and
receipt
of
a
certificate
of
need,
pursuant
to
this
26
subchapter
part
.
The
application
shall
be
made
upon
forms
27
furnished
or
prescribed
by
the
department
and
shall
contain
28
such
information
as
the
department
may
require
under
this
29
subchapter
part
.
The
application
shall
be
accompanied
30
by
a
fee
equivalent
to
three-tenths
of
one
percent
of
the
31
anticipated
cost
of
the
project
with
a
minimum
fee
of
six
32
hundred
dollars
and
a
maximum
fee
of
twenty-one
thousand
33
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dollars.
The
fee
shall
be
remitted
by
the
department
to
the
34
treasurer
of
state,
who
shall
place
it
in
the
general
fund
of
35
the
state.
If
an
application
is
voluntarily
withdrawn
within
1
thirty
calendar
days
after
submission,
seventy-five
percent
2
of
the
application
fee
shall
be
refunded;
if
the
application
3
is
voluntarily
withdrawn
more
than
thirty
but
within
sixty
4
days
after
submission,
fifty
percent
of
the
application
fee
5
shall
be
refunded;
if
the
application
is
withdrawn
voluntarily
6
more
than
sixty
days
after
submission,
twenty-five
percent
of
7
the
application
fee
shall
be
refunded.
Notwithstanding
the
8
required
payment
of
an
application
fee
under
this
subsection
,
9
an
applicant
for
a
new
institutional
health
service
or
a
10
changed
institutional
health
service
offered
or
developed
by
11
an
intermediate
care
facility
for
persons
with
an
intellectual
12
disability
or
an
intermediate
care
facility
for
persons
with
13
mental
illness
as
defined
pursuant
to
section
135C.1
is
exempt
14
from
payment
of
the
application
fee.
15
Sec.
1594.
Section
135.63,
subsection
2,
unnumbered
16
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
17
This
subchapter
part
shall
not
be
construed
to
augment,
18
limit,
contravene,
or
repeal
in
any
manner
any
other
statute
19
of
this
state
which
may
authorize
or
relate
to
licensure,
20
regulation,
supervision,
or
control
of,
nor
to
be
applicable
21
to:
22
Sec.
1595.
Section
135.63,
subsection
2,
paragraph
f,
Code
23
2023,
is
amended
to
read
as
follows:
24
f.
A
residential
care
facility,
as
defined
in
section
25
135C.1
,
including
a
residential
care
facility
for
persons
with
26
an
intellectual
disability,
notwithstanding
any
provision
in
27
this
subchapter
part
to
the
contrary.
28
Sec.
1596.
Section
135.63,
subsection
2,
paragraph
g,
29
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
30
to
read
as
follows:
31
A
reduction
in
bed
capacity
of
an
institutional
health
32
facility,
notwithstanding
any
provision
in
this
subchapter
part
33
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to
the
contrary,
if
all
of
the
following
conditions
exist:
34
Sec.
1597.
Section
135.63,
subsection
2,
paragraph
h,
35
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
1
to
read
as
follows:
2
The
deletion
of
one
or
more
health
services,
previously
3
offered
on
a
regular
basis
by
an
institutional
health
facility
4
or
health
maintenance
organization,
notwithstanding
any
5
provision
of
this
subchapter
part
to
the
contrary,
if
all
of
6
the
following
conditions
exist:
7
Sec.
1598.
Section
135.63,
subsection
2,
paragraph
j,
Code
8
2023,
is
amended
to
read
as
follows:
9
j.
The
construction,
modification,
or
replacement
of
10
nonpatient
care
services,
including
parking
facilities,
11
heating,
ventilation
and
air
conditioning
systems,
computers,
12
telephone
systems,
medical
office
buildings,
and
other
projects
13
of
a
similar
nature,
notwithstanding
any
provision
in
this
14
subchapter
part
to
the
contrary.
15
Sec.
1599.
Section
135.63,
subsection
2,
paragraph
k,
16
subparagraph
(1),
unnumbered
paragraph
1,
Code
2023,
is
amended
17
to
read
as
follows:
18
The
redistribution
of
beds
by
a
hospital
within
the
acute
19
care
category
of
bed
usage,
notwithstanding
any
provision
in
20
this
subchapter
part
to
the
contrary,
if
all
of
the
following
21
conditions
exist:
22
Sec.
1600.
Section
135.63,
subsection
2,
paragraph
l,
23
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
24
follows:
25
The
replacement
or
modernization
of
any
institutional
health
26
facility
if
the
replacement
or
modernization
does
not
add
new
27
health
services
or
additional
bed
capacity
for
existing
health
28
services,
notwithstanding
any
provision
in
this
subchapter
29
part
to
the
contrary.
With
respect
to
a
nursing
facility,
30
“replacement”
means
establishing
a
new
facility
within
the
same
31
county
as
the
prior
facility
to
be
closed.
With
reference
to
32
a
hospital,
“replacement”
means
establishing
a
new
hospital
33
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that
demonstrates
compliance
with
all
of
the
following
criteria
34
through
evidence
submitted
to
the
department:
35
Sec.
1601.
Section
135.63,
subsection
2,
paragraphs
m
and
n,
1
Code
2023,
are
amended
to
read
as
follows:
2
m.
Hemodialysis
services
provided
by
a
hospital
or
3
freestanding
facility,
notwithstanding
any
provision
in
this
4
subchapter
part
to
the
contrary.
5
n.
Hospice
services
provided
by
a
hospital,
notwithstanding
6
any
provision
in
this
subchapter
part
to
the
contrary.
7
Sec.
1602.
Section
135.63,
subsection
2,
paragraph
p,
8
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
9
follows:
10
The
conversion
of
an
existing
number
of
beds
by
an
11
intermediate
care
facility
for
persons
with
an
intellectual
12
disability
to
a
smaller
facility
environment,
including
but
not
13
limited
to
a
community-based
environment
which
does
not
result
14
in
an
increased
number
of
beds,
notwithstanding
any
provision
15
in
this
subchapter
part
to
the
contrary,
including
subsection
16
4
,
if
all
of
the
following
conditions
exist:
17
Sec.
1603.
Section
135.63,
subsection
3,
Code
2023,
is
18
amended
to
read
as
follows:
19
3.
This
subchapter
part
shall
not
be
construed
to
be
20
applicable
to
a
health
care
facility
operated
by
and
for
the
21
exclusive
use
of
members
of
a
religious
order,
which
does
22
not
admit
more
than
two
individuals
to
the
facility
from
the
23
general
public,
and
which
was
in
operation
prior
to
July
1,
24
1986.
However,
this
subchapter
part
is
applicable
to
such
25
a
facility
if
the
facility
is
involved
in
the
offering
or
26
developing
of
a
new
or
changed
institutional
health
service
on
27
or
after
July
1,
1986.
28
Sec.
1604.
Section
135.63,
subsection
4,
unnumbered
29
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
30
A
copy
of
the
application
shall
be
sent
to
the
department
31
of
health
and
human
services
at
the
time
the
application
32
is
submitted
to
the
Iowa
department
of
public
health
.
The
33
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department
shall
not
process
applications
for
and
the
council
34
shall
not
consider
a
new
or
changed
institutional
health
35
service
for
an
intermediate
care
facility
for
persons
with
an
1
intellectual
disability
unless
both
of
the
following
conditions
2
are
met:
3
Sec.
1605.
Section
135.64,
subsection
3,
Code
2023,
is
4
amended
to
read
as
follows:
5
3.
In
the
evaluation
of
applications
for
certificates
6
of
need
submitted
by
the
university
of
Iowa
hospitals
and
7
clinics,
the
unique
features
of
that
institution
relating
to
8
statewide
tertiary
health
care,
health
science
education,
and
9
clinical
research
shall
be
given
due
consideration.
Further,
10
in
administering
this
subchapter
part
,
the
unique
capacity
of
11
university
hospitals
for
the
evaluation
of
technologically
12
innovative
equipment
and
other
new
health
services
shall
be
13
utilized.
14
Sec.
1606.
Section
135.72,
unnumbered
paragraph
1,
Code
15
2023,
is
amended
to
read
as
follows:
16
The
department
shall
adopt,
with
approval
of
the
council,
17
such
administrative
rules
as
are
necessary
to
enable
it
to
18
implement
this
subchapter
part
.
These
rules
shall
include:
19
Sec.
1607.
Section
135.73,
subsection
1,
Code
2023,
is
20
amended
to
read
as
follows:
21
1.
Any
party
constructing
a
new
institutional
health
22
facility
or
an
addition
to
or
renovation
of
an
existing
23
institutional
health
facility
without
first
obtaining
a
24
certificate
of
need
or,
in
the
case
of
a
mobile
health
service,
25
ascertaining
that
the
mobile
health
service
has
received
26
certificate
of
need
approval,
as
required
by
this
subchapter
27
part
,
shall
be
denied
licensure
or
change
of
licensure
by
the
28
appropriate
responsible
licensing
agency
of
this
state.
29
Sec.
1608.
Section
135.73,
subsection
2,
unnumbered
30
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
31
A
party
violating
this
subchapter
part
shall
be
subject
32
to
penalties
in
accordance
with
this
section
.
The
33
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department
shall
adopt
rules
setting
forth
the
violations
by
34
classification,
the
criteria
for
the
classification
of
any
35
violation
not
listed,
and
procedures
for
implementing
this
1
subsection
.
2
Sec.
1609.
Section
135.73,
subsection
3,
Code
2023,
is
3
amended
to
read
as
follows:
4
3.
Notwithstanding
any
other
sanction
imposed
pursuant
5
to
this
section
,
a
party
offering
or
developing
any
new
6
institutional
health
service
or
changed
institutional
health
7
service
without
first
obtaining
a
certificate
of
need
as
8
required
by
this
subchapter
part
may
be
temporarily
or
9
permanently
restrained
from
doing
so
by
any
court
of
competent
10
jurisdiction
in
any
action
brought
by
the
state,
any
of
its
11
political
subdivisions,
or
any
other
interested
person.
12
Sec.
1610.
Section
135.74,
subsection
3,
Code
2023,
is
13
amended
to
read
as
follows:
14
3.
The
department
shall,
where
appropriate,
provide
for
15
modification,
consistent
with
the
purposes
of
this
subchapter
16
part
,
of
reporting
requirements
to
correctly
reflect
the
17
differences
among
hospitals
and
among
health
care
facilities
18
referred
to
in
subsection
2
,
and
to
avoid
otherwise
unduly
19
burdensome
costs
in
meeting
the
requirements
of
uniform
methods
20
of
financial
reporting.
21
Sec.
1611.
Section
135.75,
subsection
2,
Code
2023,
is
22
amended
to
read
as
follows:
23
2.
Where
more
than
one
licensed
hospital
or
health
24
care
facility
is
operated
by
the
reporting
organization,
25
the
information
required
by
this
section
shall
be
reported
26
separately
for
each
licensed
hospital
or
health
care
facility.
27
The
department
shall
require
preparation
of
specified
financial
28
reports
by
a
certified
public
accountant,
and
may
require
29
attestation
of
responsible
officials
of
the
reporting
hospital
30
or
health
care
facility
that
the
reports
submitted
are
to
the
31
best
of
their
knowledge
and
belief
prepared
in
accordance
with
32
the
prescribed
methods
of
reporting.
The
department
shall
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have
the
right
to
inspect
the
books,
audits
and
records
of
any
34
hospital
or
health
care
facility
as
reasonably
necessary
to
35
verify
reports
submitted
pursuant
to
this
subchapter
part
.
1
Sec.
1612.
Section
135.76,
subsection
1,
Code
2023,
is
2
amended
to
read
as
follows:
3
1.
The
department
shall
from
time
to
time
undertake
analyses
4
and
studies
relating
to
hospital
and
health
care
facility
5
costs
and
to
the
financial
status
of
hospitals
or
health
care
6
facilities,
or
both,
which
are
subject
to
the
provisions
of
7
this
subchapter
part
.
It
shall
further
require
the
filing
8
of
information
concerning
the
total
financial
needs
of
each
9
individual
hospital
or
health
care
facility
and
the
resources
10
currently
or
prospectively
available
to
meet
these
needs,
11
including
the
effect
of
proposals
made
by
health
systems
12
agencies.
The
department
shall
also
prepare
and
file
such
13
summaries
and
compilations
or
other
supplementary
reports
based
14
on
the
information
filed
with
it
as
will,
in
its
judgment,
15
advance
the
purposes
of
this
subchapter
part
.
16
Sec.
1613.
Section
135C.2,
subsection
3,
paragraph
c,
Code
17
2023,
is
amended
to
read
as
follows:
18
c.
The
rules
adopted
for
intermediate
care
facilities
for
19
persons
with
an
intellectual
disability
shall
be
consistent
20
with,
but
no
more
restrictive
than,
the
federal
standards
for
21
intermediate
care
facilities
for
persons
with
an
intellectual
22
disability
established
pursuant
to
the
federal
Social
Security
23
Act,
§1905(c)(d),
as
codified
in
42
U.S.C.
§1396d,
in
effect
on
24
January
1,
1989.
However,
in
order
for
an
intermediate
care
25
facility
for
persons
with
an
intellectual
disability
to
be
26
licensed,
the
state
fire
marshal
director
must
certify
to
the
27
department
that
the
facility
meets
the
applicable
provisions
28
of
the
rules
adopted
for
such
facilities
by
the
state
fire
29
marshal
director
.
The
state
fire
marshal’s
director’s
rules
30
shall
be
based
upon
such
a
facility’s
compliance
with
either
31
the
provisions
applicable
to
health
care
occupancies
or
32
residential
board
and
care
occupancies
of
the
life
safety
code
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of
the
national
fire
protection
association,
2000
edition.
The
34
department
shall
adopt
additional
rules
for
intermediate
care
35
facilities
for
persons
with
an
intellectual
disability
pursuant
1
to
section
135C.14,
subsection
8
.
2
Sec.
1614.
Section
135C.2,
subsection
5,
paragraph
b,
Code
3
2023,
is
amended
to
read
as
follows:
4
b.
A
facility
must
be
located
in
an
area
zoned
for
single
or
5
multiple-family
housing
or
in
an
unincorporated
area
and
must
6
be
constructed
in
compliance
with
applicable
local
requirements
7
and
the
rules
adopted
for
the
special
classification
by
the
8
state
fire
marshal
director
in
accordance
with
the
concept
of
9
the
least
restrictive
environment
for
the
facility
residents.
10
Local
requirements
shall
not
be
more
restrictive
than
the
11
rules
adopted
for
the
special
classification
by
the
state
fire
12
marshal
director
and
the
state
building
code
requirements
for
13
single
or
multiple-family
housing,
under
section
103A.7
.
14
Sec.
1615.
Section
135C.5,
Code
2023,
is
amended
to
read
as
15
follows:
16
135C.5
Limitations
on
use.
17
Another
business
or
activity
serving
persons
other
than
18
the
residents
of
a
health
care
facility
may
be
operated
or
19
provided
in
a
designated
part
of
the
physical
structure
of
20
the
health
care
facility
if
the
other
business
or
activity
21
meets
the
requirements
of
applicable
state
and
federal
22
laws,
administrative
rules,
and
federal
regulations.
The
23
department
shall
not
limit
the
ability
of
a
health
care
24
facility
to
operate
or
provide
another
business
or
activity
25
in
the
designated
part
of
the
facility
if
the
business
or
26
activity
does
not
interfere
with
the
use
of
the
facility
by
the
27
residents
or
with
the
services
provided
to
the
residents,
and
28
is
not
disturbing
to
the
residents.
In
denying
the
ability
of
29
a
health
care
facility
to
operate
or
provide
another
business
30
or
activity
under
this
section
,
the
burden
of
proof
shall
be
31
on
the
department
to
demonstrate
that
the
other
business
or
32
activity
substantially
interferes
with
the
use
of
the
facility
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by
the
residents
or
the
services
provided
to
the
residents,
34
or
is
disturbing
to
the
residents.
The
state
fire
marshal
35
director
,
in
accordance
with
chapter
17A
,
shall
adopt
rules
1
which
establish
criteria
for
approval
of
a
business
or
activity
2
to
be
operated
or
provided
in
a
designated
part
of
the
physical
3
structure
of
a
health
care
facility.
For
the
purposes
of
4
this
section
,
“another
business
or
activity”
shall
not
include
5
laboratory
services
with
the
exception
of
laboratory
services
6
for
which
a
waiver
from
regulatory
oversight
has
been
obtained
7
under
the
federal
Clinical
Laboratory
Improvement
Amendments
of
8
1988,
Pub.
L.
No.
100-578,
as
amended,
radiological
services,
9
anesthesiology
services,
obstetrical
services,
surgical
10
services,
or
emergency
room
services
provided
by
hospitals
11
licensed
under
chapter
135B
.
12
Sec.
1616.
Section
135C.9,
Code
2023,
is
amended
to
read
as
13
follows:
14
135C.9
Inspection
before
issuance
——
notice
of
deficiencies.
15
1.
The
department
shall
not
issue
a
health
care
facility
16
license
to
any
applicant
until:
17
a.
The
department
has
ascertained
that
the
staff
and
18
equipment
of
the
facility
is
adequate
to
provide
the
care
and
19
services
required
of
a
health
care
facility
of
the
category
20
for
which
the
license
is
sought.
Prior
to
the
review
and
21
approval
of
plans
and
specifications
for
any
new
facility
22
and
the
initial
licensing
under
a
new
licensee,
a
resume
of
23
the
programs
and
services
to
be
furnished
and
of
the
means
24
available
to
the
applicant
for
providing
the
same
and
for
25
meeting
requirements
for
staffing,
equipment,
and
operation
26
of
the
health
care
facility,
with
particular
reference
to
the
27
professional
requirements
for
services
to
be
rendered,
shall
be
28
submitted
in
writing
to
the
department
for
review
and
approval.
29
The
resume
shall
be
reviewed
by
the
department
within
ten
30
working
days
and
returned
to
the
applicant.
The
resume
shall,
31
upon
the
department’s
request,
be
revised
as
appropriate
by
the
32
facility
from
time
to
time
after
issuance
of
a
license.
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b.
The
facility
has
been
inspected
by
the
state
fire
marshal
34
or
a
deputy
appointed
by
the
fire
marshal
for
that
purpose
35
director
,
who
may
be
a
member
of
a
municipal
fire
department,
1
and
the
department
has
received
either
a
certificate
of
2
compliance
or
a
provisional
certificate
of
compliance
by
3
the
facility
with
the
fire
hazard
and
fire
safety
rules
and
4
standards
of
the
department
as
promulgated
by
the
fire
marshal
5
director
and,
where
applicable,
the
fire
safety
standards
6
required
for
participation
in
programs
authorized
by
either
7
Tit.
XVIII
or
Tit.
XIX
of
the
United
States
Social
Security
8
Act,
codified
at
42
U.S.C.
§1395
–
1395ll
and
1396
–
1396g.
The
9
certificate
or
provisional
certificate
shall
be
signed
by
the
10
fire
marshal
director
or
the
fire
marshal’s
deputy
director’s
11
designee
who
made
the
inspection.
If
the
state
fire
marshal
12
or
a
deputy
director
finds
a
deficiency
upon
inspection,
the
13
notice
to
the
facility
shall
be
provided
in
a
timely
manner
14
and
shall
specifically
describe
the
nature
of
the
deficiency,
15
identifying
the
Code
section
or
subsection
or
the
rule
or
16
standard
violated.
The
notice
shall
also
specify
the
time
17
allowed
for
correction
of
the
deficiency,
at
the
end
of
which
18
time
the
fire
marshal
or
a
deputy
director
shall
perform
a
19
follow-up
inspection.
20
2.
The
rules
and
standards
promulgated
by
the
fire
marshal
21
director
pursuant
to
subsection
1
,
paragraph
“b”
of
this
section
22
shall
be
substantially
in
keeping
with
the
latest
generally
23
recognized
safety
criteria
for
the
facilities
covered,
of
which
24
the
applicable
criteria
recommended
and
published
from
time
25
to
time
by
the
national
fire
protection
association
shall
be
26
prima
facie
evidence.
The
rules
and
standards
promulgated
by
27
the
fire
marshal
director
shall
be
promulgated
in
consultation
28
with
the
department
and
shall,
to
the
greatest
extent
possible,
29
be
consistent
with
rules
adopted
by
the
department
under
this
30
chapter
.
31
3.
The
state
fire
marshal
or
the
fire
marshal’s
deputy
32
director
may
issue
successive
provisional
certificates
of
33
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compliance
for
periods
of
one
year
each
to
a
facility
which
is
34
in
substantial
compliance
with
the
applicable
fire
hazard
and
35
fire
safety
rules
and
standards,
upon
satisfactory
evidence
1
of
an
intent,
in
good
faith,
by
the
owner
or
operator
of
the
2
facility
to
correct
the
deficiencies
noted
upon
inspection
3
within
a
reasonable
period
of
time
as
determined
by
the
state
4
fire
marshal
or
the
fire
marshal’s
deputy
director
.
Renewal
5
of
a
provisional
certificate
shall
be
based
on
a
showing
6
of
substantial
progress
in
eliminating
deficiencies
noted
7
upon
the
last
previous
inspection
of
the
facility
without
8
the
appearance
of
additional
deficiencies
other
than
those
9
arising
from
changes
in
the
fire
hazard
and
fire
safety
rules,
10
regulations
and
standards
which
have
occurred
since
the
last
11
previous
inspection,
except
that
substantial
progress
toward
12
achievement
of
a
good
faith
intent
by
the
owner
or
operator
to
13
replace
the
entire
facility
within
a
reasonable
period
of
time,
14
as
determined
by
the
state
fire
marshal
or
the
fire
marshal’s
15
deputy
director
,
may
be
accepted
as
a
showing
of
substantial
16
progress
in
eliminating
deficiencies,
for
the
purposes
of
this
17
section
.
18
4.
If
a
facility
subject
to
licensure
under
this
chapter
,
19
a
facility
exempt
from
licensure
under
this
chapter
pursuant
20
to
section
135C.6
,
or
a
family
home
under
section
335.25
21
or
414.22
,
has
been
issued
a
certificate
of
compliance
or
22
a
provisional
certificate
of
compliance
under
subsection
23
1
or
3
,
or
has
otherwise
been
approved
as
complying
with
24
a
rule
or
standard
by
the
state
or
a
deputy
fire
marshal
25
the
director
or
a
local
building
department
as
defined
in
26
section
103A.3
,
the
state
or
deputy
fire
marshal
director
27
or
local
building
department
which
issued
the
certificate,
28
provisional
certificate,
or
approval
shall
not
apply
additional
29
requirements
for
compliance
with
the
rule
or
standard
unless
30
the
rule
or
standard
is
revised
in
accordance
with
chapter
17A
31
or
with
local
regulatory
procedure
following
issuance
of
the
32
certificate,
provisional
certificate,
or
approval.
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Sec.
1617.
Section
135C.14,
unnumbered
paragraph
1,
Code
34
2023,
is
amended
to
read
as
follows:
35
The
department
shall,
in
accordance
with
chapter
17A
1
and
with
the
approval
of
the
state
board
of
health,
adopt
2
and
enforce
rules
setting
minimum
standards
for
health
care
3
facilities.
In
so
doing,
the
department,
with
the
approval
4
of
the
state
board
of
health,
may
adopt
by
reference,
with
5
or
without
amendment,
nationally
recognized
standards
and
6
rules,
which
shall
be
specified
by
title
and
edition,
date
7
of
publication,
or
similar
information.
The
rules
and
8
standards
required
by
this
section
shall
be
formulated
in
9
consultation
with
the
director
of
health
and
human
services
or
10
the
director’s
director
of
health
and
human
services’
designee,
11
with
the
state
fire
marshal
director
,
and
with
affected
12
industry,
professional,
and
consumer
groups,
and
shall
be
13
designed
to
further
the
accomplishment
of
the
purposes
of
this
14
chapter
and
shall
relate
to:
15
Sec.
1618.
Section
135C.14,
subsection
1,
Code
2023,
is
16
amended
to
read
as
follows:
17
1.
Location
and
construction
of
the
facility,
including
18
plumbing,
heating,
lighting,
ventilation,
and
other
housing
19
conditions,
which
shall
ensure
the
health,
safety
and
comfort
20
of
residents
and
protection
from
fire
hazards.
The
rules
of
21
the
department
relating
to
protection
from
fire
hazards
and
22
fire
safety
shall
be
promulgated
by
the
state
fire
marshal
23
director
in
consultation
with
the
department,
and
shall
be
in
24
keeping
with
the
latest
generally
recognized
safety
criteria
25
for
the
facilities
covered
of
which
the
applicable
criteria
26
recommended
and
published
from
time
to
time
by
the
national
27
fire
protection
association
are
prima
facie
evidence.
To
28
the
greatest
extent
possible,
the
rules
promulgated
by
the
29
state
fire
marshal
director
shall
be
consistent
with
the
rules
30
adopted
by
the
department
under
this
chapter
.
31
Sec.
1619.
Section
135C.16,
subsection
3,
Code
2023,
is
32
amended
to
read
as
follows:
33
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3.
An
authorized
representative
of
the
department
may
34
enter
any
licensed
health
care
facility
without
a
warrant,
35
and
may
examine
all
records
pertaining
to
the
care
provided
1
residents
of
the
facility.
An
authorized
representative
of
the
2
department
may
contact
or
interview
any
resident,
employee,
or
3
any
other
person
who
might
have
knowledge
about
the
operation
4
of
a
health
care
facility.
An
authorized
representative
of
5
the
department
of
human
services
shall
have
the
same
right
6
with
respect
to
any
facility
where
one
or
more
residents
are
7
cared
for
entirely
or
partially
at
public
expense,
and
an
8
authorized
representative
of
the
designated
protection
and
9
advocacy
agency
shall
have
the
same
right
with
respect
to
10
any
facility
where
one
or
more
residents
have
developmental
11
disabilities
or
mental
illnesses,
and
the
state
fire
marshal
or
12
a
deputy
appointed
pursuant
to
section
135C.9,
subsection
1
,
13
paragraph
“b”
,
director
shall
have
the
same
right
of
entry
into
14
any
facility
and
the
right
to
inspect
any
records
pertinent
15
to
fire
safety
practices
and
conditions
within
that
facility,
16
and
an
authorized
representative
of
the
office
of
long-term
17
care
ombudsman
shall
have
the
same
right
with
respect
to
any
18
nursing
facility
or
residential
care
facility.
If
any
such
19
authorized
representative
has
probable
cause
to
believe
that
20
any
institution,
building,
or
agency
not
licensed
as
a
health
21
care
facility
is
in
fact
a
health
care
facility
as
defined
22
by
this
chapter
,
and
upon
producing
identification
that
the
23
individual
is
an
authorized
representative
is
denied
entry
24
thereto
for
the
purpose
of
making
an
inspection,
the
authorized
25
representative
may,
with
the
assistance
of
the
county
attorney
26
of
the
county
in
which
the
purported
health
care
facility
is
27
located,
apply
to
the
district
court
for
an
order
requiring
28
the
owner
or
occupant
to
permit
entry
and
inspection
of
the
29
premises
to
determine
whether
there
have
been
any
violations
of
30
this
chapter
.
31
Sec.
1620.
Section
135C.17,
Code
2023,
is
amended
to
read
32
as
follows:
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135C.17
Duties
of
other
departments.
34
It
shall
be
the
duty
of
the
department
of
human
services,
35
state
fire
marshal,
office
of
long-term
care
ombudsman,
and
1
the
officers
and
agents
of
other
state
and
local
governmental
2
units,
and
the
designated
protection
and
advocacy
agency
to
3
assist
the
department
in
carrying
out
the
provisions
of
this
4
chapter
,
insofar
as
the
functions
of
these
respective
offices
5
and
departments
are
concerned
with
the
health,
welfare,
and
6
safety
of
any
resident
of
any
health
care
facility.
It
shall
7
be
the
duty
of
the
department
to
cooperate
with
the
protection
8
and
advocacy
agency
and
the
office
of
long-term
care
ombudsman
9
by
responding
to
all
reasonable
requests
for
assistance
and
10
information
as
required
by
federal
law
and
this
chapter
.
11
Sec.
1621.
Section
135I.1,
subsection
1,
Code
2023,
is
12
amended
to
read
as
follows:
13
1.
“Department”
means
the
Iowa
department
of
public
health
14
inspections,
appeals,
and
licensing
.
15
Sec.
1622.
Section
135K.1,
subsection
3,
Code
2023,
is
16
amended
to
read
as
follows:
17
3.
“Department”
means
the
Iowa
department
of
public
health
18
inspections,
appeals,
and
licensing
.
19
Sec.
1623.
Section
136D.2,
subsections
1
and
2,
Code
2023,
20
are
amended
to
read
as
follows:
21
1.
“Department”
means
the
Iowa
department
of
public
health
22
inspections,
appeals,
and
licensing
.
23
2.
“Director”
means
the
director
of
public
health
the
24
department
of
inspections,
appeals,
and
licensing
,
or
the
25
director’s
designee.
26
Sec.
1624.
Section
137C.35,
subsection
2,
Code
2023,
is
27
amended
to
read
as
follows:
28
2.
A
bed
and
breakfast
inn
is
subject
to
regulation,
29
licensing,
and
inspection
under
this
chapter
,
but
separate
30
toilet
and
lavatory
facilities
shall
not
be
required
for
each
31
guest
room.
Additionally,
a
bed
and
breakfast
inn
is
exempt
32
from
fire
safety
rules
adopted
pursuant
to
section
100.35
and
33
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applicable
to
hotels,
but
is
subject
to
fire
safety
rules
which
34
the
state
fire
marshal
director
shall
specifically
adopt
for
35
bed
and
breakfast
inns.
1
Sec.
1625.
Section
138.1,
subsections
4
and
5,
Code
2023,
2
are
amended
to
read
as
follows:
3
4.
“Department”
means
the
Iowa
department
of
public
health
4
inspections,
appeals,
and
licensing
.
5
5.
“Director”
means
the
director
of
public
health
the
6
department
of
inspections,
appeals,
and
licensing
or
the
7
director’s
designee.
8
Sec.
1626.
Section
147.1,
subsection
2,
Code
2023,
is
9
amended
to
read
as
follows:
10
2.
“Department”
means
the
department
of
public
health
11
inspections,
appeals,
and
licensing
.
12
Sec.
1627.
Section
147.82,
Code
2023,
is
amended
to
read
as
13
follows:
14
147.82
Fee
retention.
15
All
fees
collected
by
a
board
listed
in
section
147.13
or
16
by
the
department
for
the
bureau
of
professional
licensure
,
17
and
fees
collected
pursuant
to
sections
124.301
and
147.80
and
18
chapter
155A
by
the
board
of
pharmacy,
shall
be
retained
by
19
each
board
or
by
the
department
for
the
bureau
of
professional
20
licensure
.
The
moneys
retained
by
a
board
shall
be
used
for
21
any
of
the
board’s
duties,
including
but
not
limited
to
the
22
addition
of
full-time
equivalent
positions
for
program
services
23
and
investigations.
Revenues
retained
by
a
board
pursuant
24
to
this
section
shall
be
considered
repayment
receipts
as
25
defined
in
section
8.2
.
Notwithstanding
section
8.33
,
moneys
26
retained
by
a
board
pursuant
to
this
section
are
not
subject
to
27
reversion
to
the
general
fund
of
the
state.
28
Sec.
1628.
Section
148C.1,
subsection
4,
Code
2023,
is
29
amended
to
read
as
follows:
30
4.
“Department”
means
the
department
of
public
health
31
inspections,
appeals,
and
licensing
.
32
Sec.
1629.
Section
152B.1,
subsection
2,
Code
2023,
is
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amended
to
read
as
follows:
34
2.
“Department”
means
the
Iowa
department
of
public
health
35
inspections,
appeals,
and
licensing
.
1
Sec.
1630.
Section
154A.1,
subsection
2,
Code
2023,
is
2
amended
to
read
as
follows:
3
2.
“Department”
means
the
Iowa
department
of
public
health
4
inspections,
appeals,
and
licensing
.
5
Sec.
1631.
Section
154B.8,
Code
2023,
is
amended
to
read
as
6
follows:
7
154B.8
Voluntary
surrender
of
license.
8
The
director
of
public
health
the
department
of
inspections,
9
appeals,
and
licensing
may
accept
the
voluntary
surrender
of
10
license
if
accompanied
by
a
written
statement
of
intention.
11
The
voluntary
surrender,
when
accepted,
shall
have
the
same
12
force
and
effect
as
an
order
of
revocation.
13
Sec.
1632.
Section
154B.13,
subsection
2,
Code
2023,
is
14
amended
to
read
as
follows:
15
2.
The
board
shall
appoint
a
prescribing
psychologist
16
rules
subcommittee
comprised
of
a
psychologist
appointed
by
17
the
board,
a
physician
appointed
by
the
board
of
medicine,
and
18
a
member
of
the
public
appointed
by
the
director
of
public
19
health
the
department
of
inspections,
appeals,
and
licensing
to
20
develop
rules
for
consideration
by
the
board
pursuant
to
this
21
section
.
22
Sec.
1633.
Section
154E.1,
subsection
3,
Code
2023,
is
23
amended
to
read
as
follows:
24
3.
“Department”
means
the
Iowa
department
of
public
health
25
inspections,
appeals,
and
licensing
.
26
Sec.
1634.
Section
155A.13,
subsection
3,
paragraph
d,
Code
27
2023,
is
amended
to
read
as
follows:
28
d.
An
applicant
seeking
a
special
or
limited-use
pharmacy
29
license
for
a
proposed
telepharmacy
site
that
does
not
meet
the
30
mileage
requirement
established
in
paragraph
“c”
and
is
not
31
statutorily
exempt
from
the
mileage
requirement
may
apply
to
32
the
board
for
a
waiver
of
the
mileage
requirement.
A
waiver
33
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request
shall
only
be
granted
if
the
applicant
can
demonstrate
34
to
the
board
that
the
proposed
telepharmacy
site
is
located
in
35
an
area
where
there
is
limited
access
to
pharmacy
services
and
1
can
establish
the
existence
of
compelling
circumstances
that
2
justify
waiving
the
mileage
requirement.
The
board’s
decision
3
to
grant
or
deny
a
waiver
request
shall
be
a
proposed
decision
4
subject
to
mandatory
review
by
the
director
of
public
health
5
the
department
of
inspections,
appeals,
and
licensing
.
The
6
director
shall
review
a
proposed
decision
and
shall
have
the
7
power
to
approve,
modify,
or
veto
a
proposed
decision.
The
8
director’s
decision
on
a
waiver
request
shall
be
considered
9
final
agency
action
subject
to
judicial
review
under
chapter
10
17A
.
11
Sec.
1635.
Section
156.1A,
Code
2023,
is
amended
to
read
as
12
follows:
13
156.1A
Provision
of
services.
14
Nothing
contained
in
this
chapter
shall
be
construed
15
as
prohibiting
the
operation
of
any
funeral
home,
funeral
16
establishment,
or
cremation
establishment
by
any
person,
17
heir,
fiduciary,
firm,
cooperative
burial
association,
or
18
corporation.
However,
each
such
person,
firm,
cooperative
19
burial
association,
or
corporation
shall
ensure
that
20
all
mortuary
science
services
are
provided
by
a
funeral
21
director,
and
shall
keep
the
Iowa
department
of
public
health
22
inspections,
appeals,
and
licensing
advised
of
the
name
of
the
23
funeral
director.
24
Sec.
1636.
Section
156.10,
Code
2023,
is
amended
to
read
as
25
follows:
26
156.10
Inspection.
27
1.
The
director
of
public
health
the
department
of
28
inspections,
appeals,
and
licensing
may
inspect
all
places
29
where
dead
human
bodies
are
prepared
or
held
for
burial,
30
entombment,
or
cremation,
and
may
adopt
and
enforce
such
rules
31
and
regulations
in
connection
with
the
inspection
as
may
be
32
necessary
for
the
preservation
of
the
public
health.
33
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2.
The
Iowa
department
of
public
health
inspections,
34
appeals,
and
licensing
may
assess
an
inspection
fee
for
an
35
inspection
of
a
place
where
dead
human
bodies
are
prepared
1
for
burial
or
cremation.
The
fee
may
be
determined
by
the
2
department
by
rule.
3
Sec.
1637.
Section
157.1,
subsection
7,
Code
2023,
is
4
amended
to
read
as
follows:
5
7.
“Department”
means
the
Iowa
department
of
public
health
6
inspections,
appeals,
and
licensing
.
7
Sec.
1638.
Section
157.7,
subsections
1
and
2,
Code
2023,
8
are
amended
to
read
as
follows:
9
1.
The
department
of
inspections
and
appeals
shall
10
employ
personnel
pursuant
to
chapter
8A,
subchapter
IV
,
to
11
perform
duties
related
to
inspection
functions
under
this
12
chapter
.
The
department
of
inspections
and
appeals
shall,
when
13
possible,
integrate
inspection
efforts
under
this
chapter
with
14
inspections
conducted
under
chapter
158
.
15
2.
The
Iowa
department
of
public
health
may
employ
clerical
16
assistants
pursuant
to
chapter
8A,
subchapter
IV
,
to
administer
17
and
enforce
this
chapter
.
The
costs
and
expenses
of
the
18
clerical
assistants
shall
be
paid
from
funds
appropriated
to
19
the
department
of
public
health
.
20
Sec.
1639.
Section
158.1,
subsection
6,
Code
2023,
is
21
amended
to
read
as
follows:
22
6.
“Department”
means
the
Iowa
department
of
public
health
23
inspections,
appeals,
and
licensing
.
24
Sec.
1640.
Section
158.6,
Code
2023,
is
amended
to
read
as
25
follows:
26
158.6
Inspectors
and
clerical
assistants.
27
1.
The
department
of
inspections
and
appeals
shall
28
employ
personnel
pursuant
to
chapter
8A,
subchapter
IV
,
to
29
perform
duties
related
to
inspection
functions
under
this
30
chapter
.
The
department
of
inspections
and
appeals
shall,
when
31
possible,
integrate
inspection
efforts
under
this
chapter
with
32
inspections
conducted
under
chapter
157
.
33
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2.
The
Iowa
department
of
public
health
may
employ
clerical
34
assistants
pursuant
to
chapter
8A,
subchapter
IV
,
to
administer
35
and
enforce
this
chapter
.
The
costs
and
expenses
of
the
1
clerical
assistants
shall
be
paid
from
funds
appropriated
to
2
the
department
of
public
health
.
3
Sec.
1641.
Section
214A.35,
subsection
2,
paragraph
g,
Code
4
2023,
is
amended
to
read
as
follows:
5
g.
The
department
of
agriculture
and
land
stewardship
may
6
cooperate
with
the
department
of
natural
resources
and
the
7
state
fire
marshal
department
of
inspections,
appeals,
and
8
licensing
in
administering
and
enforcing
the
provisions
of
this
9
section
.
10
Sec.
1642.
Section
218.4,
subsection
3,
Code
2023,
is
11
amended
to
read
as
follows:
12
3.
The
state
fire
marshal
department
of
inspections,
13
appeals,
and
licensing
shall
cause
to
be
made
an
annual
14
inspection
of
all
the
institutions
listed
in
section
218.1
15
and
shall
make
written
report
thereof
to
the
particular
16
administrator
of
the
state
department
of
human
services
in
17
control
of
such
institution.
18
Sec.
1643.
Section
231B.4,
Code
2023,
is
amended
to
read
as
19
follows:
20
231B.4
Zoning
——
fire
and
safety
standards.
21
An
elder
group
home
shall
be
located
in
an
area
zoned
22
for
single-family
or
multiple-family
housing
or
in
an
23
unincorporated
area
and
shall
be
constructed
in
compliance
with
24
applicable
local
housing
codes
and
the
rules
adopted
for
the
25
special
classification
by
the
state
fire
marshal
department
.
26
In
the
absence
of
local
building
codes,
the
facility
shall
27
comply
with
the
state
plumbing
code
established
pursuant
to
28
section
135.11
and
the
state
building
code
established
pursuant
29
to
section
103A.7
and
the
rules
adopted
for
the
special
30
classification
by
the
state
fire
marshal
department
.
The
31
rules
adopted
for
the
special
classification
by
the
state
fire
32
marshal
department
regarding
second
floor
occupancy
shall
be
33
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adopted
in
consultation
with
the
department
and
shall
take
into
34
consideration
the
mobility
of
the
tenants.
35
Sec.
1644.
Section
231C.4,
Code
2023,
is
amended
to
read
as
1
follows:
2
231C.4
Fire
and
safety
standards.
3
The
state
fire
marshal
department
shall
adopt
rules
,
in
4
coordination
with
the
department,
relating
to
the
certification
5
and
monitoring
of
the
fire
and
safety
standards
of
certified
6
assisted
living
programs.
7
Sec.
1645.
Section
231D.15,
Code
2023,
is
amended
to
read
8
as
follows:
9
231D.15
Fire
and
safety
standards.
10
The
state
fire
marshal
department
shall
adopt
rules
,
in
11
coordination
with
the
department,
relating
to
the
certification
12
and
monitoring
of
the
fire
and
safety
standards
of
adult
day
13
services
programs.
14
Sec.
1646.
Section
235A.15,
subsection
2,
paragraph
d,
15
subparagraph
(7),
Code
2023,
is
amended
to
read
as
follows:
16
(7)
Each
licensing
board
specified
under
chapter
147
and
17
the
Iowa
department
of
public
health
inspections,
appeals,
18
and
licensing
for
the
purpose
of
licensure,
certification
or
19
registration,
disciplinary
investigation,
or
the
renewal
of
20
licensure,
certification
or
registration,
or
disciplinary
21
proceedings
of
health
care
professionals.
22
Sec.
1647.
Section
237.3,
subsection
3,
Code
2023,
is
23
amended
to
read
as
follows:
24
3.
Rules
governing
fire
safety
in
facilities
with
child
25
foster
care
provided
by
agencies
shall
be
promulgated
by
the
26
state
fire
marshal
director
of
the
department
of
inspections,
27
appeals,
and
licensing
pursuant
to
section
100.1,
subsection
5
28
10A.511
after
consultation
with
the
administrator.
29
Sec.
1648.
Section
237A.3A,
subsection
3,
paragraph
c,
Code
30
2023,
is
amended
to
read
as
follows:
31
c.
In
consultation
with
the
state
fire
marshal
director
32
of
the
department
of
inspections,
appeals,
and
licensing
,
the
33
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department
shall
adopt
rules
relating
to
the
provision
of
fire
34
extinguishers,
smoke
detectors,
and
two
exits
accessible
to
35
children
in
a
child
development
home.
1
Sec.
1649.
Section
237A.4,
Code
2023,
is
amended
to
read
as
2
follows:
3
237A.4
Inspection
and
evaluation.
4
The
department
shall
make
periodic
inspections
of
licensed
5
centers
to
ensure
compliance
with
licensing
requirements
6
provided
in
this
chapter
,
and
the
local
boards
of
health
7
may
make
periodic
inspections
of
licensed
centers
to
ensure
8
compliance
with
health-related
licensing
requirements
provided
9
in
this
chapter
.
The
department
may
inspect
records
maintained
10
by
a
licensed
center
and
may
inquire
into
matters
concerning
11
these
centers
and
the
persons
in
charge.
The
department
12
shall
require
that
the
center
be
inspected
by
the
state
fire
13
marshal
director
of
the
department
of
inspections,
appeals,
14
and
licensing
or
a
designee
for
compliance
with
rules
relating
15
to
fire
safety
before
a
license
is
granted
or
renewed.
The
16
department
or
a
designee
may
periodically
visit
registered
17
child
development
homes
for
the
purpose
of
evaluation
of
an
18
inquiry
into
matters
concerning
compliance
with
rules
adopted
19
under
section
237A.12
.
Evaluation
of
child
development
homes
20
under
this
section
may
include
consultative
services
provided
21
pursuant
to
section
237A.6
.
22
Sec.
1650.
Section
237A.12,
subsections
2,
3,
and
4,
Code
23
2023,
are
amended
to
read
as
follows:
24
2.
Rules
adopted
by
the
state
fire
marshal
director
of
25
the
department
of
inspections,
appeals,
and
licensing
for
26
buildings,
other
than
school
buildings,
used
as
child
care
27
centers
as
an
adjunct
to
the
primary
purpose
of
the
building
28
shall
take
into
consideration
that
children
are
received
for
29
temporary
care
only
and
shall
not
differ
from
rules
adopted
30
for
these
buildings
when
they
are
used
by
groups
of
persons
31
congregating
from
time
to
time
in
the
primary
use
and
occupancy
32
of
the
buildings.
However,
the
rules
may
require
a
fire-rated
33
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separation
from
the
remaining
portion
of
the
building
if
34
the
fire
marshal
director
of
the
department
of
inspections,
35
appeals,
and
licensing
determines
that
the
separation
is
1
necessary
for
the
protection
of
children
from
a
specific
2
flammable
hazard.
3
3.
Rules
relating
to
fire
safety
for
child
care
centers
4
shall
be
adopted
under
this
chapter
by
the
state
fire
marshal
5
director
of
the
department
of
inspections,
appeals,
and
6
licensing
in
consultation
with
the
department.
Rules
adopted
7
by
the
state
fire
marshal
director
of
the
department
of
8
inspections,
appeals,
and
licensing
for
a
building
which
is
9
owned
or
leased
by
a
school
district
or
accredited
nonpublic
10
school
and
used
as
a
child
care
facility
shall
not
differ
from
11
standards
adopted
by
the
state
fire
marshal
director
of
the
12
department
of
inspections,
appeals,
and
licensing
for
school
13
buildings
under
chapter
100
10A,
subchapter
V,
part
2
.
Rules
14
relating
to
sanitation
shall
be
adopted
by
the
department
in
15
consultation
with
the
director
of
public
health.
All
rules
16
shall
be
developed
in
consultation
with
the
state
child
care
17
advisory
committee.
The
state
fire
marshal
director
of
the
18
department
of
inspections,
appeals,
and
licensing
shall
inspect
19
the
facilities.
20
4.
If
a
building
is
owned
or
leased
by
a
school
district
21
or
accredited
nonpublic
school
and
complies
with
standards
22
adopted
by
the
state
fire
marshal
director
of
the
department
23
of
inspections,
appeals,
and
licensing
for
school
buildings
24
under
chapter
100
10A,
subchapter
V,
part
2
,
the
building
is
25
considered
appropriate
for
use
by
a
child
care
facility.
The
26
rules
adopted
by
the
administrator
under
this
section
shall
not
27
require
the
facility
to
comply
with
building
requirements
which
28
differ
from
requirements
for
use
of
the
building
as
a
school.
29
Sec.
1651.
Section
237C.4,
subsection
2,
Code
2023,
is
30
amended
to
read
as
follows:
31
2.
Before
the
administrator
department
issues
or
reissues
a
32
certificate
of
approval
to
a
children’s
residential
facility
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under
section
237C.6
,
the
facility
shall
comply
with
standards
34
adopted
by
the
state
fire
marshal
director
of
the
department
35
of
inspections,
appeals,
and
licensing
under
chapter
100
10A,
1
subchapter
V,
part
2
.
2
Sec.
1652.
Section
237C.6,
subsection
2,
Code
2023,
is
3
amended
to
read
as
follows:
4
2.
The
certificate
of
approval
shall
state
on
its
face
the
5
name
of
the
holder
of
the
certificate,
the
particular
premises
6
for
which
the
certificate
is
issued,
and
the
number
of
children
7
who
may
be
cared
for
by
the
children’s
residential
facility
on
8
the
premises
at
one
time
under
the
certificate
of
occupancy
9
issued
by
the
state
fire
marshal
director
of
the
department
of
10
inspections,
appeals,
and
licensing
or
the
state
fire
marshal’s
11
director’s
designee.
The
certificate
of
approval
shall
be
12
posted
in
a
conspicuous
place
in
the
children’s
residential
13
facility.
14
Sec.
1653.
Section
261B.11,
subsection
1,
paragraph
m,
Code
15
2023,
is
amended
to
read
as
follows:
16
m.
Higher
education
institutions
located
in
Iowa
whose
17
massage
therapy
curriculum
is
approved
under
administrative
18
rules
of
the
professional
licensure
division
of
the
department
19
of
public
health
inspections,
appeals,
and
licensing
and
whose
20
instructors
are
licensed
massage
therapists
under
chapter
152C
.
21
Sec.
1654.
Section
262.33A,
Code
2023,
is
amended
to
read
22
as
follows:
23
262.33A
Fire
and
environmental
safety
——
report
——
24
expenditures.
25
It
is
the
intent
of
the
general
assembly
that
each
26
institution
of
higher
education
under
the
control
of
the
state
27
board
of
regents
shall,
in
consultation
with
the
state
fire
28
marshal
director
of
the
department
of
inspections,
appeals,
29
and
licensing
,
identify
and
correct
all
critical
fire
and
30
environmental
safety
deficiencies.
Commencing
July
1,
1993,
31
each
institution
under
the
control
of
the
state
board
of
32
regents
shall
expend
annually
for
fire
safety
and
deferred
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maintenance
at
least
the
amount
budgeted
for
these
purposes
34
for
the
fiscal
year
beginning
July
1,
1992,
in
addition
to
any
35
moneys
appropriated
from
the
general
fund
for
these
purposes
in
1
succeeding
years.
2
Sec.
1655.
Section
272C.1,
subsection
6,
paragraphs
af
and
3
ag,
Code
2023,
are
amended
to
read
as
follows:
4
af.
The
department
of
public
safety
inspections,
appeals,
5
and
licensing
,
in
licensing
fire
protection
system
installers
6
and
maintenance
workers
pursuant
to
chapter
100D
.
7
ag.
The
superintendent
of
the
division
of
banking
director
8
of
the
department
of
commerce
inspections,
appeals,
and
9
licensing
in
registering
and
supervising
appraisal
management
10
companies
pursuant
to
chapter
543E
.
11
Sec.
1656.
Section
272C.3,
subsection
4,
paragraph
b,
Code
12
2023,
is
amended
to
read
as
follows:
13
b.
All
health
care
boards
shall
file
written
decisions
14
which
specify
the
sanction
entered
by
the
board
with
the
Iowa
15
department
of
public
health
inspections,
appeals,
and
licensing
16
which
shall
be
available
to
the
public
upon
request.
All
17
non-health
care
boards
shall
have
on
file
the
written
and
18
specified
decisions
and
sanctions
entered
by
the
board
and
19
shall
be
available
to
the
public
upon
request.
20
Sec.
1657.
Section
272C.4,
subsection
9,
Code
2023,
is
21
amended
to
read
as
follows:
22
9.
Require
each
health
care
licensing
board
to
file
with
23
the
Iowa
department
of
public
health
inspections,
appeals,
24
and
licensing
a
copy
of
each
decision
of
the
board
imposing
25
licensee
discipline.
Each
non-health
care
board
shall
have
on
26
file
a
copy
of
each
decision
of
the
board
imposing
licensee
27
discipline
which
copy
shall
be
properly
dated
and
shall
be
in
28
simple
language
and
in
the
most
concise
form
consistent
with
29
clearness
and
comprehensiveness
of
subject
matter.
30
Sec.
1658.
Section
279.49,
subsection
3,
Code
2023,
is
31
amended
to
read
as
follows:
32
3.
The
facilities
housing
a
program
operated
under
this
33
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section
shall
comply
with
standards
adopted
by
the
state
fire
34
marshal
director
of
the
department
of
inspections,
appeals,
35
and
licensing
for
school
buildings
under
chapter
100
10A,
1
subchapter
V,
part
2
.
In
addition,
if
a
program
involves
2
children
who
are
younger
than
school
age,
the
facilities
3
housing
those
children
shall
meet
the
fire
safety
standards
4
which
would
apply
to
that
age
of
child
in
a
child
care
facility
5
licensed
by
the
department
of
human
services.
6
Sec.
1659.
Section
292.2,
subsection
7,
unnumbered
7
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
8
The
department
shall
form
a
task
force
to
review
9
applications
for
financial
assistance
and
provide
10
recommendations
to
the
school
budget
review
committee.
The
11
task
force
shall
include,
at
a
minimum,
representatives
from
12
the
kindergarten
through
grade
twelve
education
community,
the
13
state
fire
marshal
director
of
the
department
of
inspections,
14
appeals,
and
licensing
,
and
individuals
knowledgeable
in
school
15
infrastructure
and
construction
issues.
The
department,
16
in
consultation
with
the
task
force,
shall
establish
the
17
parameters
and
the
details
of
the
criteria
for
awarding
grants
18
based
on
the
information
listed
in
subsection
3
,
including
19
greater
priority
to
the
following:
20
Sec.
1660.
Section
323.4A,
subsection
2,
paragraph
b,
Code
21
2023,
is
amended
to
read
as
follows:
22
b.
Using
a
dispenser
to
dispense
ethanol
blended
gasoline,
23
including
gasoline
with
a
specified
blend
or
a
range
of
24
blends
under
chapter
214A
,
if
the
dispenser
is
approved
as
25
required
by
the
state
fire
marshal
director
of
the
department
26
of
inspections,
appeals,
and
licensing
for
dispensing
the
27
specified
blend
or
range
of
blends,
including
as
provided
in
28
section
455G.31
.
29
Sec.
1661.
Section
423E.6,
subsections
2,
3,
and
4,
Code
30
2023,
are
amended
to
read
as
follows:
31
2.
The
funds
shall
be
allocated
to
the
school
budget
32
review
committee
to
develop
a
school
infrastructure
safety
33
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fund
grant
program,
in
conjunction
with
the
state
fire
marshal
34
director
of
the
department
of
inspections,
appeals,
and
35
licensing
.
For
purposes
of
reviewing
grant
applications
and
1
making
recommendations
regarding
the
administration
of
the
2
program,
the
state
fire
marshal
director
of
the
department
of
3
inspections,
appeals,
and
licensing
shall
be
considered
an
4
additional
voting
member
of
the
school
budget
review
committee.
5
3.
Top
priority
in
awarding
program
grants
shall
be
the
6
making
of
school
infrastructure
improvements
relating
to
fire
7
and
personal
safety.
School
districts
eligible
for
program
8
grants
shall
have
received
an
order
or
citation
from
the
9
state
fire
marshal
director
of
the
department
of
inspections,
10
appeals,
and
licensing
,
or
a
fire
department
chief
or
fire
11
prevention
officer,
for
one
or
more
fire
safety
violations
12
regarding
a
school
facility,
or
in
the
opinion
of
the
state
13
fire
marshal
director
of
the
department
of
inspections,
14
appeals,
and
licensing
shall
be
regarded
as
operating
15
facilities
subject
to
significant
fire
safety
deficiencies.
16
Grant
awards
shall
also
be
available
for
defects
or
violations
17
of
the
state
building
code,
as
adopted
pursuant
to
section
18
103A.7
,
revealed
during
an
inspection
of
school
facilities
by
19
a
local
building
department,
or
for
improvements
consistent
20
with
the
standards
and
specifications
contained
in
the
state
21
building
code
regarding
ensuring
that
buildings
and
facilities
22
are
accessible
to
and
functional
for
persons
with
disabilities.
23
The
school
budget
review
committee
shall
allocate
program
24
funds
to
school
districts
which,
in
its
discretion,
are
25
determined
to
be
faced
with
the
most
severe
deficiencies.
26
School
districts
applying
for
program
grants
shall
have
27
developed
and
submitted
to
the
state
fire
marshal
director
of
28
the
department
of
inspections,
appeals,
and
licensing
or
local
29
building
department
a
written
plan
to
remedy
fire
or
safety
30
defects
within
a
specified
time
frame.
Approval
of
the
written
31
plan
by
the
state
fire
marshal
director
of
the
department
32
of
inspections,
appeals,
and
licensing
or
local
building
33
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department
shall
be
obtained
prior
to
receipt
of
a
grant
award
34
by
a
school
district.
35
4.
Application
forms,
submission
dates
for
applications
and
1
for
written
plans
to
remedy
fire
or
safety
defects,
and
grant
2
award
criteria
shall
be
developed
by
the
state
department
of
3
education,
in
coordination
with
the
state
fire
marshal
director
4
of
the
department
of
inspections,
appeals,
and
licensing
,
by
5
rule.
6
Sec.
1662.
Section
455B.390,
subsection
3,
Code
2023,
is
7
amended
to
read
as
follows:
8
3.
The
storage,
transportation,
handling,
or
use
of
9
flammable
liquids,
combustibles,
and
explosives,
control
over
10
which
is
exercised
by
the
state
fire
marshal
director
of
the
11
department
of
inspections,
appeals,
and
licensing
under
chapter
12
100
10A,
subchapter
V,
part
2
.
13
Sec.
1663.
Section
455B.474,
subsection
10,
unnumbered
14
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
15
Requirements
that
persons
and
companies
performing
or
16
providing
services
for
underground
storage
tank
installations,
17
installation
inspections,
testing,
permanent
closure
of
18
underground
storage
tanks
by
removal
or
filling
in
place,
and
19
other
closure
activities
as
defined
by
rules
adopted
by
the
20
commission
be
certified
by
the
department.
This
provision
does
21
not
apply
to
persons
performing
services
in
their
official
22
capacity
and
as
authorized
by
the
state
fire
marshal’s
office
23
department
of
inspections,
appeals,
and
licensing
or
fire
24
departments
of
political
subdivisions
of
the
state.
The
rules
25
adopted
by
the
commission
shall
include
all
of
the
following:
26
Sec.
1664.
Section
455B.474,
subsection
10,
paragraph
c,
27
Code
2023,
is
amended
to
read
as
follows:
28
c.
Requiring
a
written
examination
developed
and
29
administered
by
the
department
or
by
some
other
qualified
30
public
or
private
entity
identified
by
the
department.
31
The
department
may
contract
with
a
public
or
private
32
entity
to
administer
the
department’s
examination
or
a
33
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department-approved
third
party
examination.
The
examination
34
shall,
at
a
minimum,
be
sufficient
to
establish
knowledge
of
35
all
applicable
underground
storage
tank
rules
adopted
under
1
this
section
,
private
industry
standards,
federal
standards,
2
and
other
applicable
standards
adopted
by
the
state
fire
3
marshal’s
office
department
of
inspections,
appeals,
and
4
licensing
pursuant
to
chapter
101
.
5
Sec.
1665.
Section
455G.31,
subsection
2,
Code
2023,
is
6
amended
to
read
as
follows:
7
2.
Subject
to
section
455G.32
,
a
retail
dealer
may
use
8
gasoline
storage
and
dispensing
infrastructure
to
store
and
9
dispense
ethanol
blended
gasoline
classified
as
E-9
or
higher
10
if
the
department
under
this
subchapter
or
the
state
fire
11
marshal
director
of
the
department
of
inspections,
appeals,
12
and
licensing
under
chapter
101
determines
that
the
gasoline
13
infrastructure
is
compatible
with
the
classification
of
ethanol
14
blended
gasoline
being
used.
15
Sec.
1666.
Section
455G.33,
subsection
2,
paragraph
b,
Code
16
2023,
is
amended
to
read
as
follows:
17
b.
Approved
by
the
department
or
state
fire
marshal
director
18
of
the
department
of
inspections,
appeals,
and
licensing
19
subject
to
conditions
determined
necessary
by
the
department
or
20
state
fire
marshal
director
of
the
department
of
inspections,
21
appeals,
and
licensing
.
The
department
or
state
fire
marshal
22
director
of
the
department
of
inspections,
appeals,
and
23
licensing
may
waive
the
requirement
in
paragraph
“a”
upon
24
satisfaction
that
a
substitute
requirement
serves
the
same
25
purpose.
26
Sec.
1667.
Section
542.4,
subsection
1,
unnumbered
27
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
28
An
Iowa
accountancy
examining
board
is
created
within
the
29
professional
licensing
and
regulation
bureau
of
the
banking
30
division
of
the
department
of
commerce
inspections,
appeals,
31
and
licensing
to
administer
and
enforce
this
chapter
.
32
Sec.
1668.
Section
542.4,
subsection
6,
Code
2023,
is
33
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amended
to
read
as
follows:
34
6.
The
administrator
director
of
the
professional
licensing
35
and
regulation
bureau
of
the
banking
division
of
the
department
1
of
commerce
inspections,
appeals,
and
licensing
shall
provide
2
staffing
assistance
to
the
board
for
implementing
this
chapter
.
3
Sec.
1669.
Section
542B.3,
Code
2023,
is
amended
to
read
as
4
follows:
5
542B.3
Engineering
and
land
surveying
examining
board
6
created.
7
An
engineering
and
land
surveying
examining
board
is
8
created
within
the
professional
licensing
and
regulation
9
bureau
of
the
banking
division
of
the
department
of
commerce
10
inspections,
appeals,
and
licensing
.
The
board
consists
of
11
three
members
who
are
licensed
professional
engineers,
two
12
members
who
are
licensed
professional
land
surveyors,
and
13
two
members
who
are
not
licensed
professional
engineers
or
14
licensed
professional
land
surveyors
and
who
shall
represent
15
the
general
public.
An
individual
who
is
licensed
as
both
16
a
professional
engineer
and
a
professional
land
surveyor
may
17
serve
to
satisfy
the
board
membership
requirement
for
either
18
a
licensed
professional
engineer
or
a
licensed
professional
19
land
surveyor,
but
not
both.
Members
shall
be
appointed
20
by
the
governor
subject
to
confirmation
by
the
senate.
A
21
licensed
member
shall
be
actively
engaged
in
the
practice
of
22
engineering
or
land
surveying
and
shall
have
been
so
engaged
23
for
five
years
preceding
the
appointment,
the
last
two
of
which
24
shall
have
been
in
Iowa.
Insofar
as
practicable,
licensed
25
engineer
members
of
the
board
shall
be
from
different
branches
26
of
the
profession
of
engineering.
Professional
associations
27
or
societies
composed
of
licensed
engineers
or
licensed
land
28
surveyors
may
recommend
the
names
of
potential
board
members
29
whose
profession
is
representative
of
that
association
or
30
society
to
the
governor.
However,
the
governor
is
not
bound
by
31
the
recommendations.
A
board
member
shall
not
be
required
to
32
be
a
member
of
any
professional
association
or
society
composed
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of
professional
engineers
or
professional
land
surveyors.
34
Sec.
1670.
Section
542B.9,
Code
2023,
is
amended
to
read
as
35
follows:
1
542B.9
Organization
of
the
board
——
staff.
2
The
board
shall
elect
annually
from
its
members
a
3
chairperson
and
a
vice
chairperson.
The
administrator
director
4
of
the
professional
licensing
and
regulation
bureau
of
the
5
banking
division
of
the
department
of
commerce
inspections,
6
appeals,
and
licensing
shall
hire
and
provide
staff
to
assist
7
the
board
in
implementing
this
chapter
.
The
board
shall
hold
8
at
least
one
meeting
at
the
location
of
the
board’s
principal
9
office,
and
meetings
shall
be
called
at
other
times
by
the
10
administrator
director
or
the
director’s
designee
at
the
11
request
of
the
chairperson
or
four
members
of
the
board.
At
12
any
meeting
of
the
board,
a
majority
of
members
constitutes
a
13
quorum.
14
Sec.
1671.
Section
543B.8,
subsections
1
and
5,
Code
2023,
15
are
amended
to
read
as
follows:
16
1.
A
real
estate
commission
is
created
within
the
17
professional
licensing
and
regulation
bureau
of
the
banking
18
division
of
the
department
of
commerce
inspections,
appeals,
19
and
licensing
.
The
commission
consists
of
five
members
20
licensed
under
this
chapter
and
two
members
not
licensed
under
21
this
chapter
and
who
shall
represent
the
general
public.
22
Commission
members
shall
be
appointed
by
the
governor
subject
23
to
confirmation
by
the
senate.
24
5.
The
administrator
director
of
the
professional
licensing
25
and
regulation
bureau
of
the
banking
division
department
of
26
inspections,
appeals,
and
licensing
shall
hire
and
provide
27
staff
to
assist
the
commission
with
implementing
this
chapter
.
28
The
administrator
of
the
professional
licensing
and
regulation
29
bureau
of
the
banking
division
of
the
department
of
commerce
30
and
shall
hire
a
real
estate
education
director
to
assist
31
the
commission
in
administering
education
programs
for
the
32
commission.
33
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Sec.
1672.
Section
543B.14,
Code
2023,
is
amended
to
read
34
as
follows:
35
543B.14
Fees
and
expenses.
1
All
fees
and
charges
collected
by
the
real
estate
commission
2
under
this
chapter
shall
be
paid
into
the
general
fund
of
the
3
state,
except
that
twenty-five
dollars
from
each
real
estate
4
salesperson’s
license
fee
and
each
broker’s
license
fee
is
5
appropriated
to
the
professional
licensing
and
regulation
6
bureau
of
the
banking
division
of
the
department
of
commerce
7
shall
be
appropriated
to
the
department
of
inspections,
8
appeals,
and
licensing
for
the
purpose
of
hiring
and
9
compensating
a
real
estate
education
director
and
regulatory
10
compliance
personnel.
All
expenses
incurred
by
the
commission
11
under
this
chapter
,
including
compensation
of
staff
assigned
12
to
the
commission,
shall
be
paid
from
funds
appropriated
for
13
those
purposes.
14
Sec.
1673.
Section
543D.2,
Code
2023,
is
amended
by
adding
15
the
following
new
subsection:
16
NEW
SUBSECTION
.
9A.
“Director”
means
the
director
of
17
the
department
of
inspections,
appeals,
and
licensing
or
the
18
director’s
designee.
19
Sec.
1674.
Section
543D.2,
subsection
14,
Code
2023,
is
20
amended
by
striking
the
subsection.
21
Sec.
1675.
Section
543D.4,
subsection
1,
Code
2023,
is
22
amended
to
read
as
follows:
23
1.
A
real
estate
appraiser
examining
board
is
established
24
within
the
banking
division
of
the
department
of
commerce
25
inspections,
appeals,
and
licensing
.
The
board
consists
of
26
seven
members,
two
of
whom
shall
be
public
members
and
five
of
27
whom
shall
be
certified
real
estate
appraisers.
28
Sec.
1676.
Section
543D.5,
subsection
1,
Code
2023,
is
29
amended
to
read
as
follows:
30
1.
The
board
shall
adopt
rules
establishing
uniform
31
appraisal
standards
and
appraiser
certification
requirements
32
and
other
rules
necessary
to
administer
and
enforce
this
33
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chapter
and
its
responsibilities
under
chapter
272C
,
subject
to
34
the
superintendent’s
director’s
supervision
and
authority
under
35
section
543D.23
.
The
board
shall
consider
and
may
incorporate
1
any
standards
required
or
recommended
by
the
appraisal
2
foundation
or
by
a
federal
agency
with
regulatory
authority
3
over
appraisal
standards
or
the
certification
of
appraisers
for
4
federally
related
transactions.
5
Sec.
1677.
Section
543D.6,
subsection
2,
Code
2023,
is
6
amended
to
read
as
follows:
7
2.
All
fees
collected
by
the
board
shall
be
deposited
into
8
the
department
of
commerce
revolving
fund
created
in
section
9
546.12
and
are
appropriated
to
the
superintendent
director
on
10
behalf
of
the
board
to
be
used
to
administer
this
chapter
,
11
including
but
not
limited
to
purposes
such
as
examinations,
12
investigations,
and
administrative
staffing.
Notwithstanding
13
section
8.33
,
moneys
retained
by
the
superintendent
director
14
pursuant
to
this
section
are
not
subject
to
reversion
to
the
15
general
fund
of
the
state.
However,
the
appraisal
management
16
company
national
registry
fees
the
board
collects
on
behalf
of
17
the
appraisal
subcommittee
as
defined
in
section
543E.3
shall
18
be
transmitted
to
the
appraisal
subcommittee
in
accordance
with
19
federal
laws
and
regulations.
20
Sec.
1678.
Section
543D.23,
Code
2023,
is
amended
to
read
21
as
follows:
22
543D.23
Superintendent
Director
supervision
and
authority.
23
1.
The
superintendent
director
shall
supervise
the
24
board
and
manage
the
board’s
budget
and
retained
fees.
25
The
superintendent
director
may
exercise
all
authority
26
conferred
upon
the
board
under
this
chapter
and
shall
have
27
access
to
all
records
and
information
to
which
the
board
28
has
access.
In
supervising
the
board,
the
superintendent
29
director
shall
independently
evaluate
the
substantive
merits
30
of
actions
recommended
or
proposed
by
the
board
which
may
31
be
anticompetitive
and
shall
have
the
authority
to
review,
32
approve,
modify,
or
reject
all
board
actions
including
but
not
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limited
to
those
taken
in
connection
with
any
of
the
following:
34
a.
Initial
or
reciprocal
certification
of
real
estate
35
appraisers,
registration
of
associate
real
estate
appraisers,
1
and
temporary
practice
permits.
2
b.
Disciplinary
investigations
and
proceedings.
3
c.
Investigations
and
proceedings
under
section
543D.21
.
4
d.
Rulemaking
under
chapter
17A
,
including
orders
on
5
petitions
for
rulemaking.
6
e.
Orders
on
petitions
for
declaratory
orders
or
waivers.
7
2.
A
person
aggrieved
by
any
final
action
of
the
board
taken
8
under
this
chapter
shall
not
have
exhausted
administrative
9
remedies
until
the
person
has
appealed
the
action
to
the
10
superintendent
director
and
the
superintendent
director
has
11
issued
a
final
decision
or
order.
12
3.
The
superintendent
director
shall
adopt
rules
to
13
implement
this
section.
14
Sec.
1679.
Section
543E.3,
subsection
1,
Code
2023,
is
15
amended
by
striking
the
subsection.
16
Sec.
1680.
Section
543E.3,
subsection
8,
Code
2023,
is
17
amended
to
read
as
follows:
18
8.
“Appraiser
panel”
means
a
network,
list,
or
roster
of
19
certified
appraisers
who
are
independent
contractors
with
20
an
appraisal
management
company
and
who
have
been
selected
21
and
approved
by
the
appraisal
management
company
to
perform
22
appraisals
directly
for
the
appraisal
management
company
or
23
for
persons
that
have
ordered
appraisals
through
the
appraisal
24
management
company.
Appraisers
on
an
appraisal
management
25
company’s
appraiser
panel
may
include
both
appraisers
engaged
26
to
perform
one
or
more
appraisals
for
covered
transactions
or
27
for
secondary
mortgage
market
participants
in
connection
with
28
covered
transactions,
and
appraisers
accepted
by
the
appraisal
29
management
company
for
consideration
for
future
appraisal
30
assignments
for
such
purposes,
as
the
administrator
director
31
may
further
provide
by
rule.
32
Sec.
1681.
Section
543E.3,
Code
2023,
is
amended
by
adding
33
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the
following
new
subsection:
34
NEW
SUBSECTION
.
13A.
“Director”
means
the
director
of
35
the
department
of
inspections,
appeals,
and
licensing
or
the
1
director’s
designee.
2
Sec.
1682.
Section
543E.4,
Code
2023,
is
amended
to
read
as
3
follows:
4
543E.4
Registration
required.
5
A
person
shall
not
directly
or
indirectly
engage
in
or
6
attempt
to
engage
in
business
as
an
appraisal
management
7
company
or
advertise
or
hold
itself
out
as
engaging
in
or
8
conducting
business
as
an
appraisal
management
company
in
9
this
state
without
first
registering
with
the
administrator
10
director
.
11
Sec.
1683.
Section
543E.6,
subsection
2,
Code
2023,
is
12
amended
to
read
as
follows:
13
2.
A
person
who
directly
or
indirectly
owns
more
than
14
ten
percent
of
an
appraisal
management
company
in
this
15
state
shall
be
of
good
moral
character,
as
prescribed
by
16
rules
adopted
by
the
administrator
director
consistent
with
17
applicable
federal
law
and
regulations,
and
shall
submit
to
a
18
background
investigation,
as
prescribed
by
rules
adopted
by
the
19
administrator
director
consistent
with
applicable
federal
law
20
and
regulations.
21
Sec.
1684.
Section
543E.7,
subsections
1
and
3,
Code
2023,
22
are
amended
to
read
as
follows:
23
1.
An
appraisal
management
company
registered
or
applying
24
for
registration
in
this
state
shall
designate
a
controlling
25
person
who
shall
be
the
main
contact
for
all
communications
26
between
the
administrator
director
and
the
appraisal
management
27
company,
and
who
shall
be
responsible
for
assuring
the
28
appraisal
management
company
complies
with
the
provisions
of
29
this
chapter
when
performing
appraisal
management
services
in
30
connection
with
real
estate
located
in
this
state.
31
3.
The
designated
controlling
person
shall
be
of
good
moral
32
character,
as
prescribed
by
rules
adopted
by
the
administrator
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director
consistent
with
applicable
federal
law
and
34
regulations,
and
shall
submit
to
a
background
investigation,
35
as
prescribed
by
rules
adopted
by
the
administrator
director
1
consistent
with
applicable
federal
law
and
regulations.
2
Sec.
1685.
Section
543E.8,
subsection
1,
Code
2023,
is
3
amended
to
read
as
follows:
4
1.
An
application
for
registration
as
an
appraisal
5
management
company
shall
be
submitted
on
a
form
prescribed
by
6
the
administrator
director
.
7
Sec.
1686.
Section
543E.8,
subsection
2,
paragraphs
b,
c,
8
and
f,
Code
2023,
are
amended
to
read
as
follows:
9
b.
The
names
and
contact
information
for
all
persons
10
who
directly
or
indirectly
own
more
than
ten
percent
of
the
11
applicant
and
for
the
controlling
person
designated
pursuant
12
to
section
543E.7
,
and
such
additional
information
the
13
administrator
director
may
need
to
enforce
section
543E.6,
14
subsection
1
.
15
c.
Information
as
reasonably
necessary
to
establish
the
size
16
of
the
applicant’s
nationwide
and
Iowa
appraiser
panels,
in
17
accordance
with
rules
adopted
by
the
administrator
director
.
18
f.
Any
additional
information
that
is
reasonably
needed
19
for
the
administrator
director
to
implement
the
provisions
of
20
this
chapter
and
assure
that
the
applicant
is
eligible
for
21
registration
under
this
chapter.
22
Sec.
1687.
Section
543E.9,
Code
2023,
is
amended
to
read
as
23
follows:
24
543E.9
Registration
renewal.
25
1.
A
registration
issued
under
this
chapter
shall
be
valid
26
for
one
year
as
provided
by
rule.
27
2.
An
application
to
renew
registration
shall
be
submitted
28
in
the
form
and
in
the
manner
prescribed
by
the
administrator
29
director
.
The
administrator
director
may
further
require
30
periodic
disclosures
of
changes
impacting
registration,
such
as
31
a
change
in
ownership
or
the
designated
controlling
person.
32
3.
An
application
to
renew
registration
shall
contain
the
33
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information
described
in
section
543E.8,
subsection
2
.
34
4.
A
registration
issued
under
this
chapter
shall
lapse
if
35
not
timely
renewed,
in
accordance
with
rules
adopted
by
the
1
administrator
director
.
2
5.
A
person
holding
a
lapsed
registration
shall
not
directly
3
or
indirectly
engage
in
or
attempt
to
engage
in
business
as
an
4
appraisal
management
company
or
advertise
or
hold
itself
out
as
5
engaging
in
or
conducting
business
as
an
appraisal
management
6
company
in
this
state
until
the
registration
has
been
7
reinstated
under
the
process
prescribed
by
the
administrator
8
director
by
rule.
9
Sec.
1688.
Section
543E.10,
Code
2023,
is
amended
to
read
10
as
follows:
11
543E.10
Fees.
12
1.
The
administrator
director
shall
by
rule
establish
fees
13
for
registration,
renewal,
reinstatement,
and
such
additional
14
fees
as
are
reasonably
necessary
for
the
administration
of
this
15
chapter
.
The
fees
shall
be
established
in
consideration
of
16
the
costs
of
administering
this
chapter
and
the
actual
cost
17
of
the
specific
service
to
be
provided
or
performed.
The
18
administrator
director
shall
periodically
review
and
adjust
the
19
schedule
of
fees
as
needed
to
cover
projected
expenses.
20
2.
Except
as
provided
in
subsection
3
,
all
fees
collected
21
under
this
chapter
shall
be
deposited
into
the
department
of
22
commerce
revolving
fund
created
in
section
546.12
and
are
23
appropriated
to
the
administrator
director
to
be
used
to
24
administer
this
chapter
including
but
not
limited
to
purposes
25
such
as
examinations,
investigations,
and
administrative
26
staffing.
Notwithstanding
section
8.33
,
moneys
appropriated
27
pursuant
to
this
subsection
are
not
subject
to
reversion
to
the
28
general
fund
of
the
state.
29
3.
The
administrator
director
shall
also
collect
the
30
appraisal
management
company
national
registry
fee
from
each
31
appraisal
management
company
seeking
to
register
in
this
state
32
and
from
federally
regulated
appraisal
management
companies
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operating
in
this
state.
The
administrator
director
shall
34
transfer
all
appraisal
management
company
national
registry
35
fees
collected
by
the
administrator
director
to
the
appraisal
1
subcommittee.
2
Sec.
1689.
Section
543E.12,
subsections
3
and
4,
Code
2023,
3
are
amended
to
read
as
follows:
4
3.
An
appraisal
management
company
that
has
a
reasonable
5
basis
to
believe
an
appraiser
has
materially
failed
to
comply
6
with
the
uniform
standards
of
professional
appraisal
practice
7
or
has
otherwise
materially
violated
chapter
543D
or
this
8
chapter
shall
refer
the
matter
to
the
administrator
director
9
in
conformance
with
applicable
federal
law
and
regulations.
10
An
appraisal
management
company
that
has
a
reasonable
basis
11
to
believe
another
appraisal
management
company
is
failing
12
to
comply
with
the
provisions
of
this
chapter
shall
refer
13
the
matter
to
the
administrator
director
in
conformance
with
14
section
272C.9,
subsection
2
.
15
4.
An
appraiser
who
is
employed
by
or
is
on
the
appraiser
16
panel
of
an
appraisal
management
company
registered
under
this
17
chapter
who
has
a
reasonable
basis
to
believe
the
appraisal
18
management
company
is
in
violation
of
this
chapter
shall
refer
19
the
matter
to
the
administrator
director
.
20
Sec.
1690.
Section
543E.13,
subsection
1,
Code
2023,
is
21
amended
to
read
as
follows:
22
1.
An
appraisal
management
company
shall
maintain
a
23
detailed
record
of
each
service
request
the
appraisal
24
management
company
receives
involving
real
estate
located
in
25
this
state
and
the
identity
of
the
appraiser
who
performs
the
26
appraisal
assignment.
All
such
records
shall
be
maintained
for
27
at
least
five
years
after
the
request
is
sent
by
the
appraisal
28
management
company
to
the
appraiser
or
the
completion
of
the
29
appraisal
report,
whichever
period
expires
later.
An
appraisal
30
management
company
shall
maintain
such
additional
records
31
regarding
appraisal
management
services
performed
in
this
state
32
as
the
administrator
director
may
specify
by
rule.
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Sec.
1691.
Section
543E.15,
subsection
4,
Code
2023,
is
34
amended
to
read
as
follows:
35
4.
Remove
an
appraiser
from
an
appraiser
panel
without
prior
1
written
notice
that
identifies
the
basis
for
removal.
Upon
2
request
or
in
conjunction
with
an
examination,
an
appraisal
3
management
company
shall
forward
to
the
administrator
director
4
copies
of
such
notices
issued
to
an
appraiser
located
or
5
certified
in
Iowa.
6
Sec.
1692.
Section
543E.17,
subsection
1,
unnumbered
7
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
8
After
notice
and
hearing,
the
administrator
director
may
9
revoke,
suspend,
or
refuse
to
issue,
renew,
or
reinstate
10
a
registration;
reprimand,
censure,
or
limit
the
scope
of
11
practice
of
any
registrant;
impose
a
civil
penalty
not
to
12
exceed
ten
thousand
dollars
per
violation;
require
remedial
13
action;
or
place
any
registrant
on
probation;
all
with
or
14
without
terms,
conditions,
or
in
combinations
of
remedies,
for
15
any
one
or
more
of
the
following
reasons:
16
Sec.
1693.
Section
543E.17,
subsection
2,
unnumbered
17
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
18
When
determining
whether
to
initiate
a
disciplinary
19
proceeding
against
an
appraisal
management
company
based
20
on
actions
or
omissions
by
an
employee,
owner,
director,
21
controlling
person,
or
other
agent
of
the
appraisal
22
management
company,
the
administrator
director
shall
take
into
23
consideration
all
of
the
following:
24
Sec.
1694.
Section
543E.18,
Code
2023,
is
amended
to
read
25
as
follows:
26
543E.18
Unlawful
practice
——
complaints
and
investigations
——
27
remedies
and
penalties.
28
1.
If,
as
the
result
of
a
complaint
or
otherwise,
the
29
administrator
director
believes
that
a
person
has
engaged,
or
30
is
about
to
engage,
in
an
act
or
practice
that
constitutes
or
31
will
constitute
a
violation
of
this
chapter
,
the
administrator
32
director
may
make
application
to
the
district
court
for
an
33
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order
enjoining
such
act
or
practice.
Upon
a
showing
by
the
34
administrator
director
that
such
person
has
engaged,
or
is
35
about
to
engage,
in
any
such
act
or
practice,
an
injunction,
1
restraining
order,
or
other
order
as
may
be
appropriate
shall
2
be
granted
by
the
district
court.
3
2.
The
administrator
director
may
investigate
a
complaint
4
or
initiate
a
complaint
against
a
person
who
is
not
registered
5
under
this
chapter
to
determine
whether
grounds
exist
to
make
6
application
to
the
district
court
pursuant
to
subsection
1
or
7
to
issue
an
order
pursuant
to
subsection
3
,
and
in
connection
8
with
such
complaint
or
investigation
may
issue
subpoenas
to
9
compel
witnesses
to
testify
or
persons
to
produce
evidence
10
consistent
with
the
provisions
of
section
272C.6,
subsection
11
3
,
as
needed
to
determine
whether
probable
cause
exists
to
12
initiate
a
proceeding
under
this
section
or
to
make
application
13
to
the
district
court
for
an
order
enjoining
a
violation
of
14
this
chapter
.
15
3.
In
addition
to
or
as
an
alternative
to
making
application
16
to
the
district
court
for
an
injunction,
the
administrator
17
director
may
issue
an
order
to
a
person
who
is
not
registered
18
under
this
chapter
to
require
compliance
with
this
chapter
19
and
may
impose
a
civil
penalty
against
such
person
for
any
20
violation
specified
in
subsection
4
in
an
amount
up
to
ten
21
thousand
dollars
for
each
violation.
All
civil
penalties
22
collected
pursuant
to
this
section
shall
be
deposited
in
the
23
housing
trust
fund
created
in
section
16.181
.
An
order
issued
24
pursuant
to
this
section
may
prohibit
a
person
from
applying
25
for
registration
under
this
chapter
or
certification
or
26
registration
under
chapter
543D
.
27
4.
The
administrator
director
may
impose
a
civil
penalty
28
against
a
person
who
is
not
registered
under
this
chapter
for
29
any
of
the
following:
30
a.
A
violation
of
section
543E.4
.
31
b.
A
violation
of
section
543D.18A,
subsection
1
.
32
c.
Fraud,
deceit,
or
deception,
through
act
or
omission,
33
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in
connection
with
an
application
for
registration
under
this
34
chapter
.
35
5.
The
administrator
director
,
before
issuing
an
order
1
under
this
section
,
shall
provide
the
person
written
notice
2
and
the
opportunity
to
request
a
hearing.
The
hearing
must
3
be
requested
within
thirty
days
after
receipt
of
the
notice
4
and
shall
be
conducted
in
the
same
manner
as
provided
for
5
disciplinary
proceedings
involving
a
registrant
under
this
6
chapter
.
7
6.
A
person
aggrieved
by
the
imposition
of
a
civil
penalty
8
under
this
section
may
seek
judicial
review
pursuant
to
section
9
17A.19
.
10
7.
If
a
person
fails
to
pay
a
civil
penalty
within
thirty
11
days
after
entry
of
an
order
imposing
the
civil
penalty,
or
if
12
the
order
is
stayed
pending
an
appeal,
within
ten
days
after
13
the
court
enters
a
final
judgment
in
favor
of
the
administrator
14
director
,
the
administrator
director
shall
notify
the
attorney
15
general.
The
attorney
general
may
commence
an
action
to
16
recover
the
amount
of
the
penalty,
including
reasonable
17
attorney
fees
and
costs.
18
8.
An
action
to
enforce
an
order
under
this
section
may
be
19
joined
with
an
action
for
an
injunction.
20
Sec.
1695.
Section
543E.19,
Code
2023,
is
amended
to
read
21
as
follows:
22
543E.19
Surety
bond.
23
1.
The
administrator
director
shall
require
that
an
24
appraisal
management
company
be
covered
by
a
surety
bond
in
the
25
amount
of
twenty-five
thousand
dollars.
26
2.
The
surety
bond
shall
be
in
a
form
as
prescribed
by
27
the
administrator
director
.
The
administrator
director
may,
28
pursuant
to
rule,
determine
requirements
for
such
surety
29
bonds
as
are
necessary
to
accomplish
the
purposes
of
this
30
chapter.
The
requirements
for
a
surety
bond
shall
only
relate
31
to
liabilities,
damages,
losses,
or
claims
arising
out
of
32
the
appraisal
management
services
performed
by
the
appraisal
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management
company
involving
real
estate
located
in
this
state.
34
The
bond
shall
provide
that
a
person
having
a
claim
against
an
35
appraisal
management
company
may
bring
suit
directly
on
the
1
bond
or
the
administrator
director
may
bring
suit
on
behalf
of
2
such
person.
3
Sec.
1696.
Section
543E.20,
subsections
1,
3,
4,
and
5,
Code
4
2023,
are
amended
to
read
as
follows:
5
1.
The
administrator
director
is
vested
with
broad
6
administrative
authority
to
administer,
interpret,
and
enforce
7
this
chapter
and
to
promulgate
rules
implementing
this
chapter
.
8
3.
The
administrator
director
may
conduct
periodic
9
examinations
of
applicants
or
registrants
under
this
chapter
as
10
reasonably
necessary
to
assure
compliance
with
all
or
specific
11
provisions
of
this
chapter
.
All
papers,
documents,
examination
12
reports,
and
other
records
relating
to
such
examinations
shall
13
be
confidential
as
provided
in
section
272C.6,
subsection
4
,
14
except
as
provided
in
this
section
.
15
4.
The
administrator
director
may
adopt
rules
governing
16
an
appraiser’s
use
of
associate
real
estate
appraisers
while
17
performing
appraisal
assignments
subject
to
this
chapter
.
18
Associate
real
estate
appraisers
may
provide
appraisal
services
19
under
the
supervision
of
a
certified
appraiser
as
provided
20
in
chapter
543D
and
associated
rules,
but
shall
not
be
on
an
21
appraiser
panel
of
an
appraisal
management
company.
22
5.
The
administrator
director
may
require
a
national
23
criminal
history
check
through
the
federal
bureau
of
24
investigation
or,
if
authorized
by
federal
law
or
regulation,
25
the
nationwide
mortgage
licensing
system
and
registry,
26
as
defined
in
section
535D.3
,
when
conducting
background
27
investigations
under
this
chapter
.
Except
as
inconsistent
with
28
the
registry,
the
following
shall
apply:
29
a.
The
administrator
director
may
require
owners
and
30
controlling
persons
who
are
subject
to
the
background
31
investigation
provisions
of
sections
543E.6
and
543E.7
to
32
provide
a
full
set
of
fingerprints,
in
a
form
and
manner
33
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prescribed
by
the
administrator
director
.
Such
fingerprints,
34
if
required,
shall
be
submitted
to
the
federal
bureau
of
35
investigation
through
the
state
criminal
history
repository
for
1
purposes
of
the
national
criminal
history
check.
2
b.
The
administrator
director
may
also
request
and
obtain,
3
notwithstanding
section
692.2,
subsection
5
,
criminal
history
4
data
for
owners
and
controlling
persons
who
are
subject
to
the
5
background
investigation
provisions
of
sections
543E.6
and
6
543E.7
.
A
request
for
criminal
history
data
shall
be
submitted
7
to
the
department
of
public
safety,
division
of
criminal
8
investigation,
pursuant
to
section
692.2,
subsection
1
.
9
c.
The
administrator
director
shall
inform
such
owners
and
10
controlling
persons
of
the
requirement
of
a
national
criminal
11
history
check
or
request
for
criminal
history
data
and
obtain
12
a
signed
waiver
from
the
applicant,
certificate
holder,
or
13
registrant
prior
to
requesting
the
check
or
data.
14
d.
The
administrator
director
may,
in
addition
to
any
other
15
fees,
charge
and
collect
such
amounts
as
may
be
incurred
by
the
16
administrator
director
,
the
department
of
public
safety,
or
the
17
federal
bureau
of
investigation
in
obtaining
criminal
history
18
information.
Amounts
collected
shall
be
considered
repayment
19
receipts
as
defined
in
section
8.2
.
20
e.
Criminal
history
data
and
other
criminal
history
21
information
relating
to
affected
owners
or
controlling
persons,
22
or
their
appraisal
management
companies
obtained
by
the
23
administrator
director
pursuant
to
this
section
shall
remain
24
confidential.
Such
information
may,
however,
be
used
by
the
25
administrator
director
in
a
registration
denial,
enforcement,
26
or
disciplinary
proceeding.
27
Sec.
1697.
Section
543E.20,
subsection
2,
unnumbered
28
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
29
In
addition
to
the
duties
and
powers
conferred
upon
the
30
administrator
director
in
this
chapter
,
the
administrator
31
director
shall
have
the
authority
to
adopt
such
rules
as
are
32
reasonably
necessary
to
assure
the
administrator’s
director’s
33
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registration
and
supervision
of
appraisal
management
companies
34
comply
with
the
minimum
requirements
of
12
U.S.C.
§3352
and
35
related
federal
laws
and
regulations,
with
respect
to
any
of
1
the
following:
2
Sec.
1698.
Section
544A.1,
subsection
2,
Code
2023,
is
3
amended
to
read
as
follows:
4
2.
The
architectural
examining
board
is
created
within
the
5
professional
licensing
and
regulation
bureau
of
the
banking
6
division
of
the
department
of
commerce
inspections,
appeals,
7
and
licensing
.
The
board
consists
of
five
members
who
possess
8
a
license
issued
under
section
544A.9
and
who
have
been
in
9
active
practice
of
architecture
for
not
less
than
five
years,
10
the
last
two
of
which
shall
have
been
in
Iowa,
and
two
members
11
who
do
not
possess
a
license
issued
under
section
544A.9
12
and
who
shall
represent
the
general
public.
Members
shall
13
be
appointed
by
the
governor
subject
to
confirmation
by
the
14
senate.
15
Sec.
1699.
Section
544A.5,
Code
2023,
is
amended
to
read
as
16
follows:
17
544A.5
Duties.
18
The
architectural
examining
board
shall
enforce
this
19
chapter
,
shall
adopt
rules
pursuant
to
chapter
17A
for
the
20
examination
of
applicants
for
the
license
provided
by
this
21
chapter
,
and
shall,
after
due
public
notice,
hold
meetings
each
22
year
for
the
purpose
of
examining
applicants
for
licensure
23
and
the
transaction
of
business
pertaining
to
the
affairs
of
24
the
board.
Examinations
shall
be
given
as
often
as
deemed
25
necessary,
but
not
less
than
annually.
Action
at
a
meeting
26
shall
not
be
taken
without
the
affirmative
votes
of
a
majority
27
of
the
members
of
the
board.
The
administrator
director
of
the
28
professional
licensing
and
regulation
bureau
of
the
banking
29
division
of
the
department
of
commerce
inspections,
appeals,
30
and
licensing
shall
hire
and
provide
staff
to
assist
the
board
31
with
implementing
this
chapter
.
32
Sec.
1700.
Section
544B.3,
subsection
1,
Code
2023,
is
33
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amended
to
read
as
follows:
34
1.
A
landscape
architectural
examining
board
is
created
35
within
the
professional
licensing
and
regulation
bureau
of
the
1
banking
division
of
the
department
of
commerce
inspections,
2
appeals,
and
licensing
.
The
board
consists
of
five
members
3
who
are
professional
landscape
architects
and
two
members
4
who
are
not
professional
landscape
architects
and
who
shall
5
represent
the
general
public.
Members
shall
be
appointed
by
6
the
governor,
subject
to
confirmation
by
the
senate.
Four
of
7
the
five
professional
members
shall
be
actively
engaged
in
the
8
practice
of
landscape
architecture
or
the
teaching
of
landscape
9
architecture
in
an
accredited
college
or
university,
and
shall
10
have
been
so
engaged
for
five
years
preceding
appointment,
11
the
last
two
of
which
shall
have
been
in
Iowa.
One
of
the
12
five
professional
members
shall
be
actively
engaged
in
the
13
practice
of
landscape
architecture
or
the
teaching
of
landscape
14
architecture
in
an
accredited
college
or
university,
and
may
15
have
been
so
engaged
for
fewer
than
five
years
preceding
16
appointment
but
at
least
one
year
preceding
appointment.
17
Associations
or
societies
composed
of
professional
landscape
18
architects
may
recommend
the
names
of
potential
board
members
19
to
the
governor.
However,
the
governor
is
not
bound
by
the
20
recommendations.
A
board
member
shall
not
be
required
to
be
a
21
member
of
any
professional
association
or
society
composed
of
22
professional
landscape
architects.
23
Sec.
1701.
Section
544B.5,
Code
2023,
is
amended
to
read
as
24
follows:
25
544B.5
Duties.
26
The
board
shall
enforce
this
chapter
and
shall
make
rules
27
for
the
examination
of
applicants
for
licensure.
The
board
28
shall
keep
a
record
of
its
proceedings.
The
board
shall
adopt
29
an
official
seal
which
shall
be
affixed
to
all
certificates
30
of
licensure
granted.
The
board
may
make
other
rules,
not
31
inconsistent
with
law,
as
necessary
for
the
proper
performance
32
of
its
duties.
The
board
shall
maintain
a
roster
showing
33
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the
name,
place
of
business,
and
residence,
and
the
date
and
34
number
of
the
certificate
of
licensure
of
every
professional
35
landscape
architect
in
this
state.
The
administrator
of
the
1
professional
licensing
and
regulation
bureau
of
the
banking
2
division
director
of
the
department
of
commerce
inspections,
3
appeals,
and
licensing
shall
hire
and
provide
staff
to
assist
4
the
board
in
implementing
this
chapter
.
5
Sec.
1702.
Section
544C.1,
subsection
2,
Code
2023,
is
6
amended
by
striking
the
subsection
and
inserting
in
lieu
7
thereof
the
following:
8
2.
“Department”
means
the
department
of
inspections,
9
appeals,
and
licensing.
10
Sec.
1703.
Section
544C.2,
subsection
1,
Code
2023,
is
11
amended
to
read
as
follows:
12
1.
An
interior
design
examining
board
is
established
13
within
the
bureau
department
.
The
board
consists
of
seven
14
members:
five
members
who
are
interior
designers
who
are
15
registered
under
this
chapter
and
who
have
been
in
the
active
16
practice
of
interior
design
for
not
less
than
five
years,
the
17
last
two
of
which
shall
have
been
in
Iowa;
and
two
members
who
18
are
not
registered
under
this
chapter
and
who
shall
represent
19
the
general
public.
Members
shall
be
appointed
by
the
governor
20
subject
to
confirmation
by
the
senate.
21
Sec.
1704.
Section
544C.3,
subsection
2,
Code
2023,
is
22
amended
to
read
as
follows:
23
2.
The
administrator
director
of
the
bureau
department
24
shall
provide
staff
to
assist
the
board
in
the
implementation
25
of
this
chapter
.
26
Sec.
1705.
Section
544C.5,
unnumbered
paragraph
1,
Code
27
2023,
is
amended
to
read
as
follows:
28
Each
applicant
for
registration
must
meet
the
interior
29
design
education
and
practical
training
requirements
adopted
by
30
rule
by
the
board,
and
have
passed
an
examination
prescribed
31
by
the
board
that
is
task-oriented,
focused
on
public
32
safety,
and
validated
by
a
recognized
testing
agency.
The
33
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bureau
department
shall
register
an
individual
who
submits
34
an
application
to
the
board
on
the
form
and
in
the
manner
35
prescribed
by
the
board
as
a
registered
interior
designer
if
1
the
individual
satisfies
the
following
requirements:
2
Sec.
1706.
Section
546.3,
subsection
2,
Code
2023,
is
3
amended
by
striking
the
subsection.
4
Sec.
1707.
Section
546.10,
Code
2023,
is
amended
to
read
as
5
follows:
6
546.10
Professional
licensing
Licensing
and
regulation
bureau
7
——
superintendent
of
banking
of
business
and
commerce-related
8
professions
.
9
1.
a.
The
professional
licensing
and
regulation
bureau
of
10
the
banking
division
department
shall
administer
and
coordinate
11
the
licensing
and
regulation
of
several
professions
by
bringing
12
together
the
following
licensing
boards:
13
a.
(1)
The
engineering
and
land
surveying
examining
board
14
created
pursuant
to
chapter
542B
.
15
b.
(2)
The
Iowa
accountancy
examining
board
created
16
pursuant
to
chapter
542
.
17
c.
(3)
The
real
estate
commission
created
pursuant
to
18
chapter
543B
.
19
(4)
The
real
estate
appraiser
examining
board
created
20
pursuant
to
chapter
543D.
21
d.
(5)
The
architectural
examining
board
created
pursuant
22
to
chapter
544A
.
23
e.
(6)
The
landscape
architectural
examining
board
created
24
pursuant
to
chapter
544B
.
25
f.
(7)
The
interior
design
examining
board
created
pursuant
26
to
chapter
544C
.
27
b.
The
director
shall
administer
chapter
543E.
28
2.
The
bureau
is
headed
by
the
administrator
of
professional
29
licensing
and
regulation
who
shall
be
the
superintendent
30
of
banking.
The
administrator
director
shall
appoint
and
31
supervise
staff
and
shall
coordinate
activities
for
the
32
licensing
boards
within
the
bureau
department
pursuant
to
33
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subsection
1
and
for
the
administration
of
chapter
543E
.
34
3.
a.
The
licensing
and
regulation
examining
boards
35
included
in
the
bureau
pursuant
to
subsection
1
retain
the
1
powers
granted
them
pursuant
to
the
chapters
in
which
they
2
are
created,
except
for
budgetary
and
personnel
matters
which
3
shall
be
handled
by
the
administrator
director
.
Each
licensing
4
board
shall
adopt
rules
pursuant
to
chapter
17A
.
Decisions
by
5
a
licensing
board
are
final
agency
actions
for
purposes
of
6
chapter
17A
.
7
b.
Notwithstanding
subsection
5
,
eighty-five
percent
of
the
8
funds
received
annually
resulting
from
an
increase
in
licensing
9
fees
implemented
on
or
after
April
1,
2002,
by
a
licensing
10
board
or
commission
listed
in
subsection
1
,
paragraph
“a”
,
11
subparagraphs
(1),
(2),
(3),
(5),
(6),
and
(7),
is
appropriated
12
to
the
professional
licensing
and
regulation
bureau
department
13
to
be
allocated
to
the
board
or
commission
for
the
fiscal
14
year
beginning
July
1,
2002,
and
succeeding
fiscal
years,
for
15
purposes
related
to
the
duties
of
the
board
or
commission,
16
including
but
not
limited
to
additional
full-time
equivalent
17
positions.
In
addition,
notwithstanding
subsection
5
,
18
twenty-five
dollars
from
each
real
estate
salesperson’s
license
19
fee
and
each
broker’s
license
fee
received
pursuant
to
section
20
543B.14
is
appropriated
to
the
professional
licensing
and
21
regulation
bureau
department
for
the
purpose
of
hiring
and
22
compensating
a
real
estate
education
director
and
regulatory
23
compliance
personnel.
The
director
of
the
department
of
24
administrative
services
shall
draw
warrants
upon
the
treasurer
25
of
state
from
the
funds
appropriated
as
provided
in
this
26
section
and
shall
make
the
funds
available
to
the
professional
27
licensing
and
regulation
bureau
department
on
a
monthly
basis
28
during
each
fiscal
year.
29
4.
The
professional
licensing
and
regulation
bureau
of
30
the
banking
division
of
the
department
of
commerce
may
expend
31
additional
funds,
including
funds
for
additional
personnel,
if
32
those
additional
expenditures
are
directly
the
cause
of
actual
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examination
expenses
exceeding
funds
budgeted
for
examinations.
34
Before
the
bureau
department
expends
or
encumbers
an
amount
in
35
excess
of
the
funds
budgeted
for
examinations,
the
director
of
1
the
department
of
management
shall
approve
the
expenditure
or
2
encumbrance.
Before
approval
is
given,
the
director
of
the
3
department
of
management
shall
determine
that
the
examination
4
expenses
exceed
the
funds
budgeted
by
the
general
assembly
to
5
the
bureau
department
and
the
bureau
department
does
not
have
6
other
funds
from
which
the
expenses
can
be
paid.
Upon
approval
7
of
the
director
of
the
department
of
management,
the
bureau
8
department
may
expend
and
encumber
funds
for
excess
examination
9
expenses.
The
amounts
necessary
to
fund
the
examination
10
expenses
shall
be
collected
as
fees
from
additional
examination
11
applicants
and
shall
be
treated
as
repayment
receipts
as
12
defined
in
section
8.2,
subsection
8
.
13
5.
Fees
collected
under
chapters
542
,
542B
,
543B
,
544A
,
14
544B
,
and
544C
shall
be
paid
to
the
treasurer
of
state
and
15
credited
to
the
general
fund
of
the
state.
All
expenses
16
required
in
the
discharge
of
the
duties
and
responsibilities
17
imposed
upon
the
professional
licensing
and
regulation
bureau
18
of
the
banking
division
of
the
department
of
commerce
,
the
19
administrator
director
,
and
the
licensing
boards
by
the
laws
20
of
this
state
shall
be
paid
from
moneys
appropriated
by
the
21
general
assembly
for
those
purposes.
All
fees
deposited
into
22
the
general
fund
of
the
state,
as
provided
in
this
subsection
,
23
shall
be
subject
to
the
requirements
of
section
8.60
.
24
6.
The
licensing
boards
included
in
the
bureau
department
25
pursuant
to
subsection
1
may
refuse
to
issue
or
renew
a
license
26
to
practice
a
profession
to
any
person
otherwise
qualified
27
upon
any
of
the
grounds
for
which
a
license
may
be
revoked
28
or
suspended
or
a
licensee
may
otherwise
be
disciplined,
or
29
upon
any
other
grounds
set
out
in
the
chapter
governing
the
30
respective
board.
31
7.
The
licensing
boards
included
in
the
bureau
department
32
pursuant
to
subsection
1
may
suspend,
revoke,
or
refuse
to
33
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issue
or
renew
a
license,
or
may
discipline
a
licensee
based
34
upon
a
suspension,
revocation,
or
other
disciplinary
action
35
taken
by
a
licensing
authority
in
this
or
another
state,
1
territory,
or
country.
For
purposes
of
this
subsection
,
2
“disciplinary
action”
includes
the
voluntary
surrender
of
3
a
license
to
resolve
a
pending
disciplinary
investigation
4
or
proceeding.
A
certified
copy
of
the
record
or
order
5
of
suspension,
revocation,
voluntary
surrender,
or
other
6
disciplinary
action
is
prima
facie
evidence
of
such
fact.
7
8.
Notwithstanding
any
other
provision
of
law
to
the
8
contrary,
the
licensing
boards
included
within
the
bureau
9
department
pursuant
to
subsection
1
may
by
rule
establish
the
10
conditions
under
which
an
individual
licensed
in
a
different
11
jurisdiction
may
be
issued
a
reciprocal
or
comity
license,
if,
12
in
the
board’s
discretion,
the
applicant’s
qualifications
for
13
licensure
are
substantially
equivalent
to
those
required
of
14
applicants
for
initial
licensure
in
this
state.
15
9.
Notwithstanding
section
272C.6
,
the
licensing
boards
16
included
within
the
bureau
department
pursuant
to
subsection
17
1
may
by
rule
establish
the
conditions
under
which
the
board
18
may
supply
to
a
licensee
who
is
the
subject
of
a
disciplinary
19
complaint
or
investigation,
prior
to
the
initiation
of
a
20
disciplinary
proceeding,
all
or
such
parts
of
a
disciplinary
21
complaint,
disciplinary
or
investigatory
file,
report,
or
other
22
information,
as
the
board
in
its
sole
discretion
believes
would
23
aid
the
investigation
or
resolution
of
the
matter.
24
10.
Notwithstanding
section
17A.6,
subsection
2
,
the
25
licensing
boards
included
within
the
bureau
department
pursuant
26
to
subsection
1
may
adopt
standards
by
reference
to
another
27
publication
without
providing
a
copy
of
the
publication
to
the
28
administrative
code
editor
if
the
publication
containing
the
29
standards
is
readily
accessible
on
the
internet
at
no
cost
and
30
the
internet
site
at
which
the
publication
may
be
found
is
31
included
in
the
administrative
rules
that
adopt
the
standard.
32
11.
Renewal
periods
for
all
licenses
and
certificates
of
the
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licensing
boards
included
within
the
bureau
department
pursuant
34
to
subsection
1
may
be
annual
or
multiyear,
as
provided
by
35
rule.
1
12.
A
quorum
of
a
licensing
board
included
within
the
2
bureau
department
pursuant
to
subsection
1
shall
be
a
majority
3
of
the
members
of
the
board
and
action
may
be
taken
upon
a
4
majority
vote
of
board
members
present
at
a
meeting
who
are
not
5
disqualified.
6
Sec.
1708.
Section
710A.7,
Code
2023,
is
amended
to
read
as
7
follows:
8
710A.7
Peace
officer
referral.
9
If
during
the
course
of
an
investigation
or
prosecution
10
under
this
chapter
a
peace
officer
has
reason
to
believe
that
11
a
person
who
purports
to
be
licensed
pursuant
to
chapter
152C
12
or
157
does
not
possess
a
valid
license
or
is
in
violation
of
13
any
other
state
or
federal
laws,
the
peace
officer
may
report
14
such
noncompliance
to
the
appropriate
licensing
board
under
15
the
professional
licensure
division
within
the
department
of
16
public
health
inspections,
appeals,
and
licensing
,
and
to
the
17
appropriate
state
or
federal
authorities.
18
Sec.
1709.
Section
727.2,
subsection
2,
paragraph
b,
19
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
20
(2)
A
person
who
uses
or
explodes
display
fireworks
while
21
the
use
of
such
devices
is
suspended
by
an
order
of
the
state
22
fire
marshal
director
of
the
department
of
inspections,
23
appeals,
and
licensing
pursuant
to
section
10A.511,
subsection
24
6,
commits
a
simple
misdemeanor,
punishable
by
a
fine
of
not
25
less
than
two
hundred
fifty
dollars.
26
Sec.
1710.
Section
727.2,
subsection
3,
paragraph
c,
27
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
28
(2)
A
person
who
uses
or
explodes
consumer
fireworks
or
29
novelties
while
the
use
of
such
devices
is
suspended
by
an
30
order
of
the
state
fire
marshal
director
of
the
department
31
of
inspections,
appeals,
and
licensing
pursuant
to
section
32
10A.511,
subsection
6,
commits
a
simple
misdemeanor,
punishable
33
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by
a
fine
of
not
less
than
two
hundred
fifty
dollars.
34
Sec.
1711.
Section
904.318,
subsection
2,
Code
2023,
is
35
amended
to
read
as
follows:
1
2.
The
state
fire
marshal
director
of
the
department
2
of
inspections,
appeals,
and
licensing
or
the
director’s
3
designee
shall
cause
an
annual
inspection
to
be
made
of
all
the
4
institutions
listed
in
section
904.102
and
shall
make
a
written
5
report
of
the
inspection
to
the
director.
6
Sec.
1712.
REPEAL.
Sections
100D.8
and
100D.9,
Code
2023,
7
are
repealed.
8
Sec.
1713.
2015
Iowa
Acts,
chapter
138,
section
97,
is
9
amended
to
read
as
follows:
10
SEC.
97.
RESIDENTIAL
SWIMMING
POOLS
——
PRIVATE
SWIMMING
11
LESSONS.
Notwithstanding
any
provision
of
law
to
the
contrary,
12
the
department
of
public
health
inspections,
appeals,
and
13
licensing
shall
require
that
a
residential
swimming
pool
used
14
for
private
swimming
lessons
for
up
to
two
hundred
seven
hours
15
in
a
calendar
month,
or
the
number
of
hours
prescribed
by
local
16
ordinance
applicable
to
such
use
of
a
residential
swimming
17
pool,
whichever
is
greater,
be
regulated
as
a
residential
18
swimming
pool
used
for
commercial
purposes
pursuant
to
chapter
19
135I
.
The
department
of
public
health
may
adopt
rules
to
20
implement
this
section.
21
Sec.
1714.
CODE
EDITOR
DIRECTIVE.
22
1.
The
Code
editor
is
directed
to
make
the
following
23
transfers:
24
a.
Section
100.11
to
section
10A.513.
25
b.
Section
100.12
to
section
10A.514.
26
c.
Section
100.13
to
section
10A.515.
27
d.
Section
100.14
to
section
10A.516.
28
e.
Section
100.16
to
section
10A.517.
29
f.
Section
100.18
to
section
10A.518.
30
g.
Section
100.19
to
section
10A.519.
31
h.
Section
100.19A
to
section
10A.520.
32
i.
Section
100.26
to
section
10A.521.
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j.
Section
100.31
to
section
10A.522.
34
k.
Section
100.35
to
section
10A.523.
35
l.
Section
100.38
to
section
10A.525.
1
m.
Section
100.39
to
section
10A.524.
2
n.
Section
135.11A
to
section
10A.503.
3
o.
Section
135.11B
to
section
10A.504.
4
p.
Section
135.31
to
section
10A.505.
5
q.
Section
135.37
to
section
10A.531.
6
r.
Section
135.37A
to
section
10A.532.
7
s.
Section
135.105A
to
section
10A.902.
8
t.
Section
135.105C
to
section
10A.903.
9
u.
Section
546.10
to
section
10A.506.
10
2.
The
Code
editor
is
directed
to
rename
article
V
of
11
chapter
10A
as
subchapter
V
and
designate
parts
as
follows:
12
a.
Subchapter
V
shall
be
entitled
“Licensing
and
13
Regulation”
and
include
sections
10A.501
through
10A.534.
14
b.
Subchapter
V,
part
1,
shall
be
entitled
“General
15
Provisions”
and
include
sections
10A.501
through
10A.510.
16
c.
Subchapter
V,
part
2,
shall
be
entitled
“Fire
Control”
17
and
include
sections
10A.511
through
10A.530.
18
d.
Subchapter
V,
part
3,
shall
be
entitled
“Tattooing
and
19
Hair
Braiding”
and
include
sections
10A.531
through
10A.534.
20
3.
The
Code
editor
is
directed
to
create
new
subchapter
21
IX
within
chapter
10A
which
shall
be
entitled
“Lead
Abatement
22
Program”
and
include
sections
10A.902
and
10A.903.
23
4.
The
Code
editor
may
modify
subchapter
and
part
titles
if
24
necessary
and
is
directed
to
correct
internal
references
in
the
25
Code
as
necessary
due
to
enactment
of
this
section.
26
Sec.
1715.
TRANSITION
PROVISION.
All
fees
collected
under
27
chapters
543D
and
543E
and
deposited
into
the
department
of
28
commerce
revolving
fund
created
in
section
546.12,
Code
2023,
29
as
of
the
effective
date
of
this
division
of
this
Act,
shall
be
30
transferred
for
deposit
in
the
licensing
and
regulation
fund
as
31
created
in
this
division
of
this
Act.
32
ADMINISTRATIVE
LAW
JUDGES
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Sec.
1716.
Section
8A.415,
subsection
1,
paragraph
b,
Code
34
2023,
is
amended
to
read
as
follows:
35
b.
If
not
satisfied,
the
employee
may,
within
thirty
1
calendar
days
following
the
director’s
response,
file
an
2
appeal
with
the
public
employment
relations
board.
The
3
hearing
shall
be
conducted
in
accordance
with
the
rules
of
the
4
public
employment
relations
board
and
the
Iowa
administrative
5
procedure
Act,
chapter
17A
.
Decisions
rendered
shall
be
based
6
upon
a
standard
of
substantial
compliance
with
this
subchapter
7
and
the
rules
of
the
department.
Decisions
by
the
public
8
employment
relations
board
constitute
final
agency
action.
9
However,
if
the
employee
is
an
administrative
law
judge
10
appointed
or
employed
by
the
public
employment
relations
board,
11
the
employee’s
appeal
shall
be
heard
by
an
administrative
law
12
judge
employed
by
the
administrative
hearings
division
of
the
13
department
of
inspections
and
appeals
in
accordance
with
the
14
provisions
of
section
10A.801
,
whose
decision
shall
constitute
15
final
agency
action.
16
Sec.
1717.
Section
8A.415,
subsection
2,
paragraph
b,
Code
17
2023,
is
amended
to
read
as
follows:
18
b.
If
not
satisfied,
the
employee
may,
within
thirty
19
calendar
days
following
the
director’s
response,
file
an
appeal
20
with
the
public
employment
relations
board.
The
employee
has
21
the
right
to
a
hearing
closed
to
the
public,
unless
a
public
22
hearing
is
requested
by
the
employee.
The
hearing
shall
23
otherwise
be
conducted
in
accordance
with
the
rules
of
the
24
public
employment
relations
board
and
the
Iowa
administrative
25
procedure
Act,
chapter
17A
.
If
the
public
employment
relations
26
board
finds
that
the
action
taken
by
the
appointing
authority
27
was
for
political,
religious,
racial,
national
origin,
sex,
28
age,
or
other
reasons
not
constituting
just
cause,
the
employee
29
may
be
reinstated
without
loss
of
pay
or
benefits
for
the
30
elapsed
period,
or
the
public
employment
relations
board
may
31
provide
other
appropriate
remedies.
Decisions
by
the
public
32
employment
relations
board
constitute
final
agency
action.
33
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However,
if
the
employee
is
an
administrative
law
judge
34
appointed
or
employed
by
the
public
employment
relations
board,
35
the
employee’s
appeal
shall
be
heard
by
an
administrative
law
1
judge
employed
by
the
administrative
hearings
division
of
the
2
department
of
inspections
and
appeals
in
accordance
with
the
3
provisions
of
section
10A.801
,
whose
decision
shall
constitute
4
final
agency
action.
5
Sec.
1718.
Section
96.6,
subsection
3,
paragraph
b,
Code
6
2023,
is
amended
to
read
as
follows:
7
b.
Appeals
from
the
initial
determination
shall
be
heard
by
8
an
administrative
law
judge
employed
by
the
department
division
9
of
administrative
hearings
created
by
section
10A.801
.
An
10
administrative
law
judge’s
decision
may
be
appealed
by
any
11
party
to
the
employment
appeal
board
created
in
section
10A.601
12
or
directly
to
the
district
court.
13
Sec.
1719.
Section
216.15,
subsection
3,
paragraph
a,
Code
14
2023,
is
amended
to
read
as
follows:
15
a.
After
the
filing
of
a
verified
complaint,
a
true
copy
16
shall
be
served
within
twenty
days
on
the
person
against
whom
17
the
complaint
is
filed,
except
as
provided
in
subsection
4
.
18
An
authorized
member
of
the
commission
staff
shall
make
a
19
prompt
investigation
and
shall
issue
a
recommendation
to
an
20
administrative
law
judge
employed
either
by
the
commission
or
21
by
the
division
of
administrative
hearings
created
by
section
22
10A.801
,
who
shall
then
issue
a
determination
of
probable
cause
23
or
no
probable
cause.
24
Sec.
1720.
Section
256.7,
subsection
6,
Code
2023,
is
25
amended
to
read
as
follows:
26
6.
Hear
appeals
of
persons
aggrieved
by
decisions
of
boards
27
of
directors
of
school
corporations
under
chapter
290
and
28
other
appeals
prescribed
by
law.
The
state
board
may
review
29
the
record
and
shall
review
the
decision
of
the
director
of
30
the
department
of
education
or
the
administrative
law
judge
31
employed
by
the
division
of
administrative
hearings
created
32
by
section
10A.801
and
designated
for
any
appeals
heard
and
33
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decided
by
the
director
under
chapter
290
,
and
may
affirm,
34
modify,
or
vacate
the
decision,
or
may
direct
a
rehearing
35
before
the
director.
1
Sec.
1721.
Section
256B.6,
subsection
4,
Code
2023,
is
2
amended
to
read
as
follows:
3
4.
Notwithstanding
section
17A.11
,
the
state
board
4
of
education
shall
adopt
rules
for
the
appointment
of
an
5
impartial
administrative
law
judge
employed
by
the
division
6
of
administrative
hearings
created
by
section
10A.801
for
7
special
education
appeals.
The
rules
shall
comply
with
federal
8
statutes
and
regulations.
9
Sec.
1722.
Section
272.14,
Code
2023,
is
amended
to
read
as
10
follows:
11
272.14
Appointment
of
administrative
law
judges.
12
The
board
shall
maintain
a
list
of
qualified
persons
13
employed
by
the
division
of
administrative
hearings
created
14
by
section
10A.801
and
who
are
experienced
in
the
educational
15
system
of
this
state
to
serve
as
administrative
law
judges
when
16
a
hearing
is
requested
under
section
279.24
.
When
requested
17
under
section
279.24
,
the
board
shall
submit
a
list
of
five
18
qualified
administrative
law
judges
from
the
list
maintained
19
by
the
board
to
the
parties.
The
parties
shall
select
one
of
20
the
five
qualified
persons
to
conduct
the
hearing
as
provided
21
in
section
279.24
.
The
hearing
shall
be
held
pursuant
to
22
the
provisions
of
chapter
17A
relating
to
contested
cases.
23
The
full
costs
of
the
hearing
shall
be
shared
equally
by
the
24
parties.
25
Sec.
1723.
Section
279.24,
subsection
5,
paragraph
c,
Code
26
2023,
is
amended
to
read
as
follows:
27
c.
Within
five
days
after
receipt
of
the
written
notice
28
that
the
school
board
has
voted
to
consider
termination
of
29
the
contract,
the
administrator
may
request
a
private
hearing
30
in
writing
to
the
secretary
of
the
school
board.
The
board
31
shall
then
forward
the
notification
to
the
board
of
educational
32
examiners
along
with
a
request
that
the
board
of
educational
33
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examiners
submit
a
list
of
five
qualified
administrative
law
34
judges
who
are
employed
by
the
division
of
administrative
35
hearings
created
by
section
10A.801
to
the
parties.
Within
1
three
days
from
receipt
of
the
list
the
parties
shall
select
an
2
administrative
law
judge
by
alternately
removing
a
name
from
3
the
list
until
only
one
name
remains.
The
person
whose
name
4
remains
shall
be
the
administrative
law
judge.
The
parties
5
shall
determine
by
lot
which
party
shall
remove
the
first
name
6
from
the
list.
The
private
hearing
shall
be
held
no
sooner
7
than
twenty
days
and
not
later
than
forty
days
following
the
8
administrator’s
request
unless
the
parties
otherwise
agree.
9
If
the
administrator
does
not
request
a
private
hearing,
10
the
school
board,
not
later
than
May
31,
may
determine
the
11
continuance
or
discontinuance
of
the
contract
and,
if
the
12
board
determines
to
continue
the
administrator’s
contract,
13
whether
to
suspend
the
administrator
with
or
without
pay
for
a
14
period
specified
by
the
board.
School
board
action
shall
be
by
15
majority
roll
call
vote
entered
on
the
minutes
of
the
meeting.
16
Notice
of
school
board
action
shall
be
personally
delivered
or
17
mailed
to
the
administrator.
18
CIVIL
RIGHTS
COMMISSION
19
Sec.
1724.
Section
216.3,
subsection
1,
Code
2023,
is
20
amended
to
read
as
follows:
21
1.
The
Iowa
state
civil
rights
commission
shall
consist
22
is
created
within
the
department
of
inspections,
appeals,
and
23
licensing
consisting
of
seven
members
appointed
by
the
governor
24
subject
to
confirmation
by
the
senate.
Appointments
shall
be
25
made
to
provide
geographical
area
representation
insofar
as
26
practicable.
No
more
than
four
members
of
the
commission
shall
27
belong
to
the
same
political
party.
Members
appointed
to
the
28
commission
shall
serve
for
four-year
staggered
terms
beginning
29
and
ending
as
provided
by
section
69.19
.
30
CONFORMING
CHANGES
31
Sec.
1725.
Section
8A.412,
subsection
19,
Code
2023,
is
32
amended
to
read
as
follows:
33
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19.
The
superintendent
of
the
banking
division
of
the
34
department
of
commerce,
all
members
of
the
state
banking
35
council,
and
all
employees
of
the
banking
division
except
for
1
employees
of
the
professional
licensing
and
regulation
bureau
2
of
the
division
.
3
Sec.
1726.
Section
8A.457,
Code
2023,
is
amended
to
read
as
4
follows:
5
8A.457
Workers’
compensation
claims.
6
The
director
shall
employ
appropriate
staff
to
handle
and
7
adjust
claims
of
state
employees
for
workers’
compensation
8
benefits
pursuant
to
chapter
10A,
subchapter
III,
and
9
chapters
85
,
85A
,
and
85B
,
and
86
,
or
,
with
the
approval
of
10
the
executive
council
,
contract
for
the
services
or
purchase
11
workers’
compensation
insurance
coverage
for
state
employees
or
12
selected
groups
of
state
employees.
A
state
employee
workers’
13
compensation
fund
is
created
in
the
state
treasury
under
the
14
control
of
the
department
to
pay
state
employee
workers’
15
compensation
claims
and
administrative
costs.
The
department
16
shall
establish
a
rating
formula
and
assess
premiums
to
all
17
agencies,
departments,
and
divisions
of
the
state
including
18
those
which
have
not
received
an
appropriation
for
the
payment
19
of
workers’
compensation
insurance
and
which
operate
from
20
moneys
other
than
from
the
general
fund
of
the
state.
The
21
department
shall
collect
the
premiums
and
deposit
them
into
the
22
state
employee
workers’
compensation
fund.
Notwithstanding
23
section
8.33
,
moneys
deposited
in
the
state
employee
workers’
24
compensation
fund
shall
not
revert
to
the
general
fund
of
the
25
state
at
the
end
of
any
fiscal
year,
but
shall
remain
in
the
26
state
employee
workers’
compensation
fund
and
be
continuously
27
available
to
pay
state
employee
workers’
compensation
claims.
28
The
director
may,
to
the
extent
practicable,
contract
with
29
a
private
organization
to
handle
the
processing
and
payment
30
of
claims
and
services
rendered
under
the
provisions
of
this
31
section
.
32
Sec.
1727.
Section
8A.504,
subsection
3,
Code
2023,
is
33
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amended
to
read
as
follows:
34
3.
In
the
case
of
multiple
claims
to
payments
filed
35
under
this
section
,
priority
shall
be
given
to
claims
filed
1
by
the
child
support
recovery
unit
services
or
the
foster
2
care
recovery
unit
services
,
next
priority
shall
be
given
to
3
claims
filed
by
the
clerk
of
the
district
court,
next
priority
4
shall
be
given
to
claims
filed
by
the
college
student
aid
5
commission,
next
priority
shall
be
given
to
claims
filed
by
6
the
investigations
division
of
the
department
of
inspections
,
7
and
appeals,
and
licensing
relating
to
investigations
by
the
8
department,
and
last
priority
shall
be
given
to
claims
filed
by
9
other
public
agencies.
In
the
case
of
multiple
claims
in
which
10
the
priority
is
not
otherwise
provided
by
this
subsection
,
11
priority
shall
be
determined
in
accordance
with
rules
to
be
12
established
by
the
director.
13
Sec.
1728.
Section
8A.512,
subsection
1,
paragraph
b,
14
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
15
(1)
Claims
by
state
employees
for
benefits
pursuant
to
16
chapter
10A,
subchapter
III,
and
chapters
85
,
85A
,
and
85B
,
and
17
86
are
subject
to
limitations
provided
in
those
chapters.
18
Sec.
1729.
Section
13B.1,
subsection
3,
Code
2023,
is
19
amended
to
read
as
follows:
20
3.
“Department”
means
the
department
of
inspections
,
and
21
appeals
,
and
licensing
.
22
Sec.
1730.
Section
13B.2,
Code
2023,
is
amended
to
read
as
23
follows:
24
13B.2
Position
established.
25
The
position
of
state
public
defender
is
established
within
26
the
department
of
inspections
,
and
appeals
,
and
licensing
.
The
27
governor
shall
appoint
the
state
public
defender,
who
shall
28
serve
at
the
pleasure
of
the
governor,
subject
to
confirmation
29
by
the
senate,
no
less
frequently
than
once
every
four
years,
30
whether
or
not
there
has
been
a
new
state
public
defender
31
appointed
during
that
time,
and
shall
establish
the
state
32
public
defender’s
salary.
33
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Sec.
1731.
Section
13B.6,
subsection
2,
Code
2023,
is
34
amended
to
read
as
follows:
35
2.
The
department
of
inspections
,
and
appeals
,
and
1
licensing
shall
provide
internal
accounting
and
related
fiscal
2
services
for
the
state
public
defender.
3
Sec.
1732.
Section
15.108,
subsection
7,
paragraph
f,
Code
4
2023,
is
amended
to
read
as
follows:
5
f.
To
the
extent
feasible,
cooperate
with
the
department
of
6
workforce
development
and
the
division
of
workers’
compensation
7
of
the
department
of
inspections,
appeals,
and
licensing
to
8
establish
a
program
to
educate
existing
employers
and
new
or
9
potential
employers
on
the
rates
and
workings
of
the
state
10
unemployment
compensation
program
and
the
state
workers’
11
compensation
program.
12
Sec.
1733.
Section
15E.208,
subsection
4,
paragraph
b,
Code
13
2023,
is
amended
to
read
as
follows:
14
b.
An
agricultural
products
processor,
if
the
processor
or
15
a
person
owning
a
controlling
interest
in
the
processor
has
16
demonstrated,
within
the
most
recent
consecutive
three-year
17
period
prior
to
the
application
for
financing,
a
continuous
and
18
flagrant
disregard
for
the
health
and
safety
of
its
employees
19
or
the
quality
of
the
environment.
Violations
of
environmental
20
protection
statutes,
rules,
or
regulations
shall
be
reported
21
for
the
most
recent
five-year
period
prior
to
application.
22
Evidence
of
such
disregard
shall
include
a
history
of
serious
23
or
uncorrected
violations
of
state
or
federal
law
protecting
24
occupational
health
and
safety
or
the
environment,
including
25
but
not
limited
to
serious
or
uncorrected
violations
of
26
occupational
safety
and
health
standards
enforced
by
the
27
division
of
labor
services
of
the
department
of
workforce
28
development
inspections,
appeals,
and
licensing
pursuant
to
29
chapter
84A
10A
,
or
rules
enforced
by
the
department
of
natural
30
resources
pursuant
to
chapter
455B
or
459,
subchapters
II
and
31
III
.
32
Sec.
1734.
Section
17A.11,
subsection
1,
paragraph
c,
Code
33
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2023,
is
amended
to
read
as
follows:
34
c.
For
purposes
of
paragraph
“a”
,
the
division
of
35
administrative
hearings
established
in
section
10A.801
shall
1
be
treated
as
a
wholly
separate
agency
from
the
department
of
2
inspections
,
and
appeals
,
and
licensing
.
3
Sec.
1735.
Section
35D.15,
subsection
2,
paragraph
c,
4
subparagraph
(2),
subparagraph
divisions
(c),
(d),
and
(e),
5
Code
2023,
are
amended
to
read
as
follows:
6
(c)
If
the
member
is
not
satisfied
with
the
decision
of
the
7
commission,
the
member
may
appeal
the
commission’s
decision
8
by
filing
an
appeal
with
the
department
of
inspections
,
and
9
appeals
,
and
licensing
within
five
calendar
days
of
being
10
notified
in
writing
of
the
commission’s
decision.
11
(d)
The
department
of
inspections
,
and
appeals
,
and
12
licensing
shall
render
a
decision
on
the
appeal
of
the
13
commission’s
decision
and
notify
the
member
of
the
decision,
14
in
writing,
within
fifteen
calendar
days
of
the
filing
of
the
15
appeal
with
the
department.
16
(e)
The
maximum
time
period
that
shall
elapse
between
17
receipt
by
the
member
of
the
discharge
notice
and
actual
18
discharge
shall
not
exceed
fifty-five
days,
which
includes
the
19
thirty-day
discharge
notice
period
and
any
time
during
which
20
any
appeals
to
the
commission
or
the
department
of
inspections
,
21
and
appeals
,
and
licensing
are
pending.
22
Sec.
1736.
Section
35D.15,
subsection
2,
paragraph
c,
23
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
24
(3)
If
a
member
is
not
satisfied
with
the
decision
of
the
25
department
of
inspections
,
and
appeals,
and
licensing,
the
26
member
may
seek
judicial
review
in
accordance
with
chapter
17A
.
27
A
member’s
discharge
under
this
subsection
shall
be
stayed
28
while
judicial
review
is
pending.
29
Sec.
1737.
Section
35D.15,
subsection
2,
paragraph
f,
Code
30
2023,
is
amended
to
read
as
follows:
31
f.
Any
involuntary
discharge
by
the
commandant
under
32
this
subsection
shall
comply
with
the
rules
adopted
by
the
33
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commission
under
this
subsection
and
by
the
department
of
34
inspections
,
and
appeals
,
and
licensing
pursuant
to
section
35
135C.14,
subsection
8
,
paragraph
“f”
.
1
Sec.
1738.
Section
53.8,
subsection
3,
paragraph
a,
Code
2
2023,
is
amended
to
read
as
follows:
3
a.
When
an
application
for
an
absentee
ballot
is
received
4
by
the
commissioner
of
any
county
from
a
registered
voter
who
5
is
a
patient
in
a
hospital
in
that
county,
a
tenant
of
an
6
assisted
living
program
in
that
county
as
shown
by
the
list
7
of
certifications
provided
the
commissioner
under
section
8
231C.21
,
or
a
resident
of
any
facility
in
that
county
shown
to
9
be
a
health
care
facility
by
the
list
of
licenses
provided
the
10
commissioner
under
section
135C.29
,
the
absentee
ballot
shall
11
be
delivered
to
the
voter
and
returned
to
the
commissioner
in
12
the
manner
prescribed
by
section
53.22
.
For
purposes
of
this
13
paragraph,
“assisted
living
program”
means
a
program
certified
14
pursuant
to
section
231C.3
that
meets
the
standards
for
a
15
dementia-specific
assisted
living
program,
as
established
16
by
rule
by
the
department
of
inspections
,
and
appeals
,
and
17
licensing
.
18
Sec.
1739.
Section
53.22,
subsection
1,
Code
2023,
is
19
amended
to
read
as
follows:
20
1.
For
purposes
of
this
section
,
“assisted
living
program”
21
means
a
program
certified
pursuant
to
section
231C.3
that
meets
22
the
standards
for
a
dementia-specific
assisted
living
program,
23
as
established
by
rule
by
the
department
of
inspections
,
and
24
appeals
,
and
licensing
.
25
Sec.
1740.
Section
68B.2,
subsection
23,
Code
2023,
is
26
amended
to
read
as
follows:
27
23.
“Regulatory
agency”
means
the
department
of
agriculture
28
and
land
stewardship,
department
of
workforce
development,
29
department
of
commerce,
Iowa
department
of
public
health,
30
department
of
public
safety,
department
of
education,
state
31
board
of
regents,
department
of
human
services,
department
of
32
revenue,
department
of
inspections
,
and
appeals,
and
licensing,
33
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department
of
administrative
services,
public
employment
34
relations
board,
state
department
of
transportation,
civil
35
rights
commission,
department
of
public
defense,
department
of
1
homeland
security
and
emergency
management,
Iowa
ethics
and
2
campaign
disclosure
board,
and
department
of
natural
resources.
3
Sec.
1741.
Section
73.16,
subsection
2,
paragraph
c,
4
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
5
(1)
The
director
of
each
department
and
agency
of
state
6
government
shall
cooperate
with
the
director
of
the
department
7
of
inspections
,
and
appeals,
and
licensing,
the
director
of
8
the
economic
development
authority,
and
the
director
of
the
9
department
of
management
and
do
all
acts
necessary
to
carry
out
10
the
provisions
of
this
subchapter
.
11
Sec.
1742.
Section
80.15,
subsection
2,
Code
2023,
is
12
amended
to
read
as
follows:
13
2.
During
the
period
of
twelve
months
after
appointment,
a
14
peace
officer
of
the
department
is
subject
to
dismissal
at
the
15
will
of
the
commissioner.
After
the
twelve
months’
service,
16
a
peace
officer
of
the
department,
who
was
appointed
after
17
having
passed
the
examinations,
is
not
subject
to
dismissal,
18
suspension,
disciplinary
demotion,
or
other
disciplinary
action
19
resulting
in
the
loss
of
pay
unless
charges
have
been
filed
20
with
the
department
of
inspections
,
and
appeals
,
and
licensing
21
and
a
hearing
held
by
the
employment
appeal
board
created
by
22
section
10A.601
,
if
requested
by
the
peace
officer,
at
which
23
the
peace
officer
has
an
opportunity
to
present
a
defense
24
to
the
charges.
The
decision
of
the
appeal
board
is
final,
25
subject
to
the
right
of
judicial
review
in
accordance
with
26
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
27
17A
.
However,
these
procedures
as
to
dismissal,
suspension,
28
demotion,
or
other
discipline
do
not
apply
to
a
peace
officer
29
who
is
covered
by
a
collective
bargaining
agreement
which
30
provides
otherwise,
and
do
not
apply
to
the
demotion
of
a
31
division
head
to
the
rank
which
the
division
head
held
at
the
32
time
of
appointment
as
division
head,
if
any.
A
division
head
33
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who
is
demoted
has
the
right
to
return
to
the
rank
which
the
34
division
head
held
at
the
time
of
appointment
as
division
head,
35
if
any.
1
Sec.
1743.
Section
84A.5,
subsection
6,
Code
2023,
is
2
amended
to
read
as
follows:
3
6.
The
director
of
the
department
of
workforce
development
4
shall
form
a
coordinating
committee
composed
of
the
director
5
of
the
department
of
workforce
development
,
the
labor
6
commissioner,
the
workers’
compensation
commissioner,
and
7
other
administrators.
The
committee
shall
monitor
federal
8
compliance
issues
relating
to
coordination
of
functions
among
9
the
divisions
within
the
department
.
10
Sec.
1744.
Section
85.3,
subsection
2,
Code
2023,
is
amended
11
to
read
as
follows:
12
2.
Any
employer
who
is
a
nonresident
of
this
state,
for
whom
13
services
are
performed
within
this
state
by
any
employee,
is
14
deemed
to
be
doing
business
in
this
state
by
virtue
of
having
15
such
services
performed
and
the
employer
and
employee
shall
16
be
subject
to
the
jurisdiction
of
the
workers’
compensation
17
commissioner
and
to
all
of
the
provisions
of
chapter
10A,
18
subchapter
III,
this
chapter
,
and
chapters
85A
,
85B
,
86
,
and
19
87
,
as
to
any
and
all
personal
injuries
sustained
by
the
20
employee
arising
out
of
and
in
the
course
of
such
employment
21
within
this
state.
In
addition,
every
corporation,
individual,
22
personal
representative,
partnership,
or
association
that
has
23
the
necessary
minimum
contact
with
this
state
shall
be
subject
24
to
the
jurisdiction
of
the
workers’
compensation
commissioner,
25
and
the
workers’
compensation
commissioner
shall
hold
such
26
corporation,
individual,
personal
representative,
partnership,
27
or
association
amenable
to
suit
in
this
state
in
every
case
not
28
contrary
to
the
provisions
of
the
Constitution
of
the
United
29
States.
30
Sec.
1745.
Section
85.3,
subsection
3,
paragraph
b,
Code
31
2023,
is
amended
to
read
as
follows:
32
b.
In
addition
to
those
persons
authorized
to
receive
33
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personal
service
as
in
civil
actions
as
permitted
by
chapter
34
17A
and
this
chapter
,
such
employer
shall
be
deemed
to
have
35
appointed
the
secretary
of
state
of
this
state
as
its
lawful
1
attorney
upon
whom
may
be
served
or
delivered
any
and
all
2
notices
authorized
or
required
by
the
provisions
of
chapter
3
10A,
subchapter
III,
this
chapter
,
and
chapters
85A
,
85B
,
86
,
4
87
,
and
17A
,
and
to
agree
that
any
and
all
such
services
or
5
deliveries
of
notice
on
the
secretary
of
state
shall
be
of
the
6
same
legal
force
and
validity
as
if
personally
served
upon
or
7
delivered
to
such
nonresident
employer
in
this
state.
8
Sec.
1746.
Section
85.26,
subsections
1
and
2,
Code
2023,
9
are
amended
to
read
as
follows:
10
1.
An
original
proceeding
for
benefits
under
chapter
11
10A,
subchapter
III,
this
chapter
,
or
chapter
85A
,
or
85B
,
12
or
86
,
shall
not
be
maintained
in
any
contested
case
unless
13
the
proceeding
is
commenced
within
two
years
from
the
date
of
14
the
occurrence
of
the
injury
for
which
benefits
are
claimed
15
or,
if
weekly
compensation
benefits
are
paid
under
section
16
86.13
,
within
three
years
from
the
date
of
the
last
payment
17
of
weekly
compensation
benefits.
For
the
purposes
of
this
18
section
,
“date
of
the
occurrence
of
the
injury”
means
the
date
19
that
the
employee
knew
or
should
have
known
that
the
injury
was
20
work-related.
21
2.
An
award
for
payments
or
an
agreement
for
settlement
22
provided
by
section
86.13
for
benefits
under
this
chapter
or
23
chapter
85A
or
85B
,
where
the
amount
has
not
been
commuted,
24
may
be
reviewed
upon
commencement
of
reopening
proceedings
25
by
the
employer
or
the
employee
within
three
years
from
the
26
date
of
the
last
payment
of
weekly
benefits
made
under
the
27
award
or
agreement.
If
an
award
for
payments
or
agreement
for
28
settlement
as
provided
by
section
86.13
for
benefits
under
this
29
chapter
or
chapter
85A
or
85B
has
been
made
and
the
amount
30
has
not
been
commuted,
or
if
a
denial
of
liability
is
not
31
filed
with
the
workers’
compensation
commissioner
and
notice
32
of
the
denial
is
not
mailed
to
the
employee,
in
the
form
and
33
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manner
required
by
the
commissioner,
within
six
months
of
the
34
commencement
of
weekly
compensation
benefits,
the
commissioner
35
may
at
any
time
upon
proper
application
make
a
determination
1
and
appropriate
order
concerning
the
entitlement
of
an
employee
2
to
benefits
provided
for
in
section
85.27
.
The
failure
to
3
file
a
denial
of
liability
does
not
constitute
an
admission
of
4
liability
under
chapter
10A,
subchapter
III,
this
chapter
,
or
5
chapter
85A
,
or
85B
,
or
86
.
6
Sec.
1747.
Section
85.31,
subsection
5,
Code
2023,
is
7
amended
to
read
as
follows:
8
5.
Except
as
otherwise
provided
by
treaty,
whenever,
under
9
the
provisions
of
chapter
10A,
subchapter
III,
this
chapter
,
10
and
chapters
86
and
chapter
87
,
compensation
is
payable
to
a
11
dependent
who
is
an
alien
not
residing
in
the
United
States
at
12
the
time
of
the
injury,
the
employer
shall
pay
fifty
percent
of
13
the
compensation
herein
otherwise
provided
to
such
dependent,
14
and
the
other
fifty
percent
shall
be
paid
into
the
second
15
injury
fund
in
the
custody
of
the
treasurer
of
state.
But
if
16
the
nonresident
alien
dependent
is
a
citizen
of
a
government
17
having
a
compensation
law
which
excludes
citizens
of
the
United
18
States,
either
resident
or
nonresident,
from
partaking
of
the
19
benefits
of
such
law
in
as
favorable
degree
as
herein
extended
20
to
the
nonresident
alien,
then
the
compensation
which
would
21
otherwise
be
payable
to
the
dependent
shall
be
paid
into
the
22
second
injury
fund
in
the
custody
of
the
treasurer
of
state.
23
Sec.
1748.
Section
85.34,
subsections
4,
5,
and
7,
Code
24
2023,
are
amended
to
read
as
follows:
25
4.
Credits
for
excess
payments.
If
an
employee
is
paid
26
weekly
compensation
benefits
for
temporary
total
disability
27
under
section
85.33,
subsection
1
,
for
a
healing
period
28
under
section
85.34,
subsection
1
,
or
for
temporary
partial
29
disability
under
section
85.33,
subsection
2
,
in
excess
of
that
30
required
by
chapter
10A,
subchapter
III,
this
chapter
,
and
31
chapters
85A
,
and
85B
,
and
86
,
the
excess
paid
by
the
employer
32
shall
be
credited
against
the
liability
of
the
employer
for
33
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any
future
weekly
benefits
due
for
an
injury
to
that
employee,
34
provided
that
the
employer
or
the
employer’s
representative
has
35
acted
in
good
faith
in
determining
and
notifying
an
employee
1
when
the
temporary
total
disability,
healing
period,
or
2
temporary
partial
disability
benefits
are
terminated.
3
5.
Recovery
of
employee
overpayment.
If
an
employee
is
paid
4
any
weekly
benefits
in
excess
of
that
required
by
chapter
10A,
5
subchapter
III,
this
chapter
,
and
chapters
85A
,
and
85B
,
and
6
86
,
the
excess
paid
by
the
employer
shall
be
credited
against
7
the
liability
of
the
employer
for
any
future
weekly
benefits
8
due
pursuant
to
subsection
2
,
for
any
current
or
subsequent
9
injury
to
the
same
employee.
10
7.
Successive
disabilities.
An
employer
is
liable
for
11
compensating
only
that
portion
of
an
employee’s
disability
that
12
arises
out
of
and
in
the
course
of
the
employee’s
employment
13
with
the
employer
and
that
relates
to
the
injury
that
serves
14
as
the
basis
for
the
employee’s
claim
for
compensation
under
15
chapter
10A,
subchapter
III,
this
chapter
,
or
chapter
85A
,
or
16
85B
,
or
86
.
An
employer
is
not
liable
for
compensating
an
17
employee’s
preexisting
disability
that
arose
out
of
and
in
the
18
course
of
employment
from
a
prior
injury
with
the
employer,
19
to
the
extent
that
the
employee’s
preexisting
disability
has
20
already
been
compensated
under
chapter
10A,
subchapter
III,
21
this
chapter
,
or
chapter
85A
,
or
85B
,
or
86
.
An
employer
is
not
22
liable
for
compensating
an
employee’s
preexisting
disability
23
that
arose
out
of
and
in
the
course
of
employment
with
a
24
different
employer
or
from
causes
unrelated
to
employment.
25
Sec.
1749.
Section
85.35,
subsections
1
and
10,
Code
2023,
26
are
amended
to
read
as
follows:
27
1.
The
parties
to
a
contested
case
or
persons
who
are
28
involved
in
a
dispute
which
could
culminate
in
a
contested
case
29
may
enter
into
a
settlement
of
any
claim
arising
under
chapter
30
10A,
subchapter
III,
this
chapter
,
or
chapter
85A
,
or
85B
,
or
31
86
,
providing
for
disposition
of
the
claim.
The
settlement
32
shall
be
in
writing
on
forms
prescribed
by
the
workers’
33
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compensation
commissioner
and
submitted
to
the
workers’
34
compensation
commissioner
for
approval.
35
10.
Approval
of
a
settlement
by
the
workers’
compensation
1
commissioner
is
binding
on
the
parties
and
shall
not
be
2
construed
as
an
original
proceeding.
Notwithstanding
any
3
provisions
of
chapter
10A,
subchapter
III,
this
chapter
,
4
and
chapters
85A
,
85B
,
86
,
and
87
,
an
approved
compromise
5
settlement
shall
constitute
a
final
bar
to
any
further
rights
6
arising
under
chapter
10A,
subchapter
III,
this
chapter
,
and
7
chapters
85A
,
85B
,
86
,
and
87
regarding
the
subject
matter
of
8
the
compromise
and
a
payment
made
pursuant
to
a
compromise
9
settlement
agreement
shall
not
be
construed
as
the
payment
of
10
weekly
compensation.
11
Sec.
1750.
Section
85.55,
subsection
2,
unnumbered
12
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
13
For
purposes
of
chapter
10A,
subchapter
III,
this
chapter
,
14
and
chapters
86
and
chapter
87
,
a
franchisor
shall
not
be
15
considered
to
be
an
employer
of
a
franchisee
or
of
an
employee
16
of
a
franchisee
unless
any
of
the
following
conditions
apply:
17
Sec.
1751.
Section
85.59,
subsection
7,
Code
2023,
is
18
amended
to
read
as
follows:
19
7.
Responsibility
for
the
filings
required
by
chapter
20
86
chapter
10A,
subchapter
III,
for
injuries
resulting
in
21
permanent
disability
or
death
and
as
modified
by
this
section
22
shall
be
made
in
the
same
manner
as
for
other
employees
of
the
23
institution.
24
Sec.
1752.
Section
85.60,
Code
2023,
is
amended
to
read
as
25
follows:
26
85.60
Injuries
while
in
work-based
learning
opportunity,
27
employment
training,
or
evaluation.
28
A
person
participating
in
a
work-based
learning
opportunity
29
referred
to
in
section
85.61
,
or
receiving
earnings
while
30
engaged
in
employment
training
or
while
undergoing
an
31
employment
evaluation
under
the
direction
of
a
rehabilitation
32
facility
approved
for
purchase-of-service
contracts
or
for
33
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referrals
by
the
department
of
human
services
or
the
department
34
of
education,
who
sustains
an
injury
arising
out
of
and
in
the
35
course
of
the
work-based
learning
opportunity
participation,
1
employment
training,
or
employment
evaluation
is
entitled
2
to
benefits
as
provided
in
chapter
10A,
subchapter
III,
3
this
chapter
,
chapter
85A
,
and
chapter
85B
,
and
chapter
86
.
4
Notwithstanding
the
minimum
benefit
provisions
of
this
chapter
,
5
a
person
referred
to
in
this
section
and
entitled
to
benefits
6
under
this
chapter
is
entitled
to
receive
a
minimum
weekly
7
benefit
amount
for
a
permanent
partial
disability
under
section
8
85.34,
subsection
2
,
or
for
a
permanent
total
disability
under
9
section
85.34,
subsection
3
,
equal
to
the
weekly
benefit
amount
10
of
a
person
whose
gross
weekly
earnings
are
thirty-five
percent
11
of
the
statewide
average
weekly
wage
computed
pursuant
to
12
section
96.3
and
in
effect
at
the
time
of
the
injury.
13
Sec.
1753.
Section
85.61,
unnumbered
paragraph
1,
Code
14
2023,
is
amended
to
read
as
follows:
15
In
chapter
10A,
subchapter
III,
this
chapter
,
and
chapters
16
86
and
chapter
87
,
unless
the
context
otherwise
requires,
the
17
following
definitions
of
terms
shall
prevail:
18
Sec.
1754.
Section
85.61,
subsection
12,
paragraph
b,
Code
19
2023,
is
amended
to
read
as
follows:
20
b.
The
term
“worker”
or
“employee”
shall
include
the
21
singular
and
plural.
Any
reference
to
a
worker
or
employee
22
who
has
been
injured
shall,
when
such
worker
or
employee
23
is
dead,
include
the
worker’s
or
employee’s
dependents
as
24
defined
in
this
chapter
or
the
worker’s
or
employee’s
legal
25
representatives;
and
where
the
worker
or
employee
is
a
minor
26
or
incompetent,
it
shall
include
the
minor’s
or
incompetent
27
person’s
guardian,
next
friend,
or
trustee.
Notwithstanding
28
any
law
prohibiting
the
employment
of
minors,
all
minor
29
employees
shall
be
entitled
to
the
benefits
of
chapter
10A,
30
subchapter
III,
this
chapter
,
and
chapters
86
and
chapter
87
31
regardless
of
the
age
of
such
minor
employee.
32
Sec.
1755.
Section
85.70,
subsection
2,
paragraph
f,
Code
33
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2023,
is
amended
to
read
as
follows:
34
f.
Beginning
on
or
before
December
1,
2018,
the
department
35
of
workforce
development,
in
cooperation
with
the
department
of
1
education,
the
workers’
compensation
division
of
the
department
2
of
inspections,
appeals,
and
licensing,
the
insurance
division
3
of
the
department
of
commerce,
and
all
community
colleges
4
that
are
participating
in
the
new
career
vocational
training
5
and
education
program,
shall
prepare
an
annual
report
for
6
submission
to
the
general
assembly
that
provides
information
7
about
the
status
of
the
program
including
but
not
limited
to
8
the
utilization
of
and
participants
in
the
program,
program
9
completion
rates,
employment
rates
after
completion
of
the
10
program
and
the
types
of
employment
obtained
by
the
program
11
participants,
and
the
effects
of
the
program
on
workers’
12
compensation
premium
rates.
13
Sec.
1756.
Section
85B.14,
Code
2023,
is
amended
to
read
as
14
follows:
15
85B.14
Applicable
chapters.
16
Chapters
Chapter
10A,
subchapter
III,
and
chapters
17A
,
17
and
85
,
and
86
,
so
far
as
applicable,
and
not
inconsistent
18
with
this
chapter
,
apply
in
cases
of
compensable
occupational
19
hearing
loss.
20
Sec.
1757.
Section
87.1,
subsection
1,
Code
2023,
is
amended
21
to
read
as
follows:
22
1.
Every
employer
subject
to
the
provisions
of
chapter
23
10A,
subchapter
III,
this
chapter
,
and
chapters
85
,
85A
,
and
24
85B
,
and
86
,
unless
relieved
as
hereinafter
provided
from
the
25
requirements
imposed
under
chapter
10A,
subchapter
III,
this
26
chapter
,
and
chapters
85
,
85A
,
and
85B
,
and
86
,
shall
insure
27
the
employer’s
liability
under
chapter
10A,
subchapter
III,
28
this
chapter
,
and
chapters
85
,
85A
,
and
85B
,
and
86
in
some
29
corporation,
association,
or
organization
approved
by
the
30
commissioner
of
insurance.
31
Sec.
1758.
Section
87.2,
subsection
2,
Code
2023,
is
amended
32
to
read
as
follows:
33
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2.
An
employer
coming
under
the
provisions
of
chapter
10A,
34
subchapter
III,
this
chapter
,
and
chapters
85
,
85A
,
and
85B
,
35
and
86
who
fails
to
comply
with
this
section
,
or
to
post
and
1
keep
the
above
notice
in
the
manner
and
form
required,
shall
be
2
guilty
of
a
simple
misdemeanor.
3
Sec.
1759.
Section
87.6,
Code
2023,
is
amended
to
read
as
4
follows:
5
87.6
Certificate
of
approval.
6
When
such
scheme
or
plan
is
approved
by
the
workers’
7
compensation
commissioner,
the
commissioner
shall
issue
a
8
certificate
to
that
effect,
whereupon
it
shall
be
legal
for
9
such
employer,
or
group
of
employers,
to
contract
with
any
or
10
all
of
the
workers
of
the
employer
or
group
of
employers
to
11
substitute
such
scheme
or
plan
for
the
provisions
relating
to
12
compensation
and
insurance
during
a
period
of
time
fixed
by
13
said
department
the
insurance
division
of
the
department
of
14
insurance
and
financial
services
.
15
Sec.
1760.
Section
87.11,
subsections
3
and
4,
Code
2023,
16
are
amended
to
read
as
follows:
17
3.
a.
If
an
employer
becomes
insolvent
and
a
debtor
under
18
11
U.S.C.,
on
or
after
January
1,
1990,
the
commissioner
of
19
insurance
may
request
of
the
workers’
compensation
commissioner
20
that
all
future
payments
of
workers’
compensation
weekly
21
benefits,
medical
expenses,
or
other
payments
pursuant
to
22
chapter
10A,
subchapter
III,
this
chapter
,
or
chapter
85
,
85A
,
23
or
85B
,
or
86
,
be
commuted
to
a
present
lump
sum.
The
workers’
24
compensation
commissioner
shall
fix
the
lump
sum
of
probable
25
future
medical
expenses
and
weekly
compensation
benefits,
or
26
other
benefits
payable
pursuant
to
chapter
10A,
subchapter
III,
27
this
chapter
,
or
chapter
85
,
85A
,
or
85B
,
or
86
,
capitalized
28
at
their
present
value
upon
the
basis
of
interest
at
the
rate
29
provided
in
section
535.3
for
court
judgments
and
decrees.
The
30
commissioner
of
insurance
shall
be
discharged
from
all
further
31
liability
for
the
commuted
workers’
compensation
claim
upon
32
payment
of
the
present
lump
sum
to
either
the
claimant,
or
a
33
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licensed
insurer
for
purchase
of
an
annuity
or
other
periodic
34
payment
plan
for
the
benefit
of
the
claimant.
35
b.
The
commissioner
of
insurance
shall
not
be
required
to
1
pay
more
for
all
claims
of
an
insolvent
self-insured
employer
2
than
is
available
for
payment
of
such
claims
from
the
security
3
given
under
this
section
.
4
4.
Notwithstanding
contrary
provisions
of
section
85.45
,
5
any
future
payment
of
medical
expenses,
weekly
compensation
6
benefits,
or
other
payments
by
the
commissioner
of
insurance
7
from
the
security
given
under
this
section
,
pursuant
to
8
chapter
10A,
subchapter
III,
this
chapter
,
or
chapter
85
,
85A
,
9
or
85B
,
or
86
,
shall
be
deemed
an
undue
expense,
hardship,
10
or
inconvenience
upon
the
employer
for
purposes
of
a
full
11
commutation
pursuant
to
section
85.45,
subsection
1
,
paragraph
12
“b”
.
13
Sec.
1761.
Section
87.13,
Code
2023,
is
amended
to
read
as
14
follows:
15
87.13
Interpretative
clause.
16
All
provisions
in
chapter
10A,
subchapter
III,
and
chapters
17
85
,
85A
,
85B
,
86
,
and
this
chapter
relating
to
compensation
18
for
injuries
sustained
arising
out
of
and
in
the
course
of
19
employment
in
the
operation
of
coal
mines
or
production
of
20
coal
under
any
system
of
removing
coal
for
sale
are
exclusive,
21
compulsory
and
obligatory
upon
the
employer
and
employee
in
22
such
employment.
23
Sec.
1762.
Section
87.14A,
Code
2023,
is
amended
to
read
as
24
follows:
25
87.14A
Insurance
required.
26
An
employer
subject
to
chapter
10A,
subchapter
III,
this
27
chapter
,
and
chapters
85
,
85A
,
and
85B
,
and
86
shall
not
28
engage
in
business
without
first
obtaining
insurance
covering
29
compensation
benefits
or
obtaining
relief
from
insurance
as
30
provided
in
this
chapter
.
A
person
who
willfully
and
knowingly
31
violates
this
section
is
guilty
of
a
class
“D”
felony.
32
Sec.
1763.
Section
87.21,
unnumbered
paragraph
1,
Code
33
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2023,
is
amended
to
read
as
follows:
34
Any
employer,
except
an
employer
with
respect
to
an
exempt
35
employee
under
section
85.1
,
who
has
failed
to
insure
the
1
employer’s
liability
in
one
of
the
ways
provided
in
this
2
chapter
,
unless
relieved
from
carrying
such
insurance
as
3
provided
in
section
87.11
,
is
liable
to
an
employee
for
4
a
personal
injury
in
the
course
of
and
arising
out
of
the
5
employment,
and
the
employee
may
enforce
the
liability
by
an
6
action
at
law
for
damages,
or
may
collect
compensation
as
7
provided
in
chapter
10A,
subchapter
III,
and
chapters
85
,
85A
,
8
and
85B
,
and
86
.
In
actions
by
the
employee
for
damages
under
9
this
section
,
the
following
rules
apply:
10
Sec.
1764.
Section
88.1,
subsection
3,
Code
2023,
is
amended
11
to
read
as
follows:
12
3.
Authorizing
the
labor
commissioner
to
set
mandatory
13
occupational
safety
and
health
standards
applicable
to
14
businesses,
and
by
providing
for
an
adjudicatory
process
15
through
the
employment
appeal
board
within
the
department
16
of
inspections
,
and
appeals
,
and
licensing
for
carrying
out
17
adjudicatory
functions
under
this
chapter
.
18
Sec.
1765.
Section
88.2,
subsections
1
and
4,
Code
2023,
are
19
amended
to
read
as
follows:
20
1.
The
labor
commissioner,
appointed
pursuant
to
section
21
91.2
,
and
the
division
of
labor
services
of
the
department
22
of
workforce
development
inspections,
appeals,
and
licensing
23
created
in
section
84A.1
10A.106
shall
administer
this
chapter
.
24
4.
Subject
to
the
approval
of
the
director
of
the
25
department
of
workforce
development
inspections,
appeals,
and
26
licensing
,
the
labor
commissioner
may
enter
into
contracts
27
with
any
state
agency,
with
or
without
reimbursement,
for
28
the
purpose
of
obtaining
the
services,
facilities,
and
29
personnel
of
the
agency,
and
with
the
consent
of
any
state
30
agency
or
any
political
subdivision
of
the
state,
accept
and
31
use
the
services,
facilities,
and
personnel
of
the
agency
or
32
political
subdivision,
and
employ
experts
and
consultants
or
33
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organizations,
in
order
to
expeditiously,
efficiently,
and
34
economically
effectuate
the
purposes
of
this
chapter
.
The
35
agreements
under
this
subsection
are
subject
to
approval
of
the
1
executive
council
if
approval
is
required
by
law.
2
Sec.
1766.
Section
88A.1,
subsections
4
and
6,
Code
2023,
3
are
amended
by
striking
the
subsections.
4
Sec.
1767.
Section
88A.1,
Code
2023,
is
amended
by
adding
5
the
following
new
subsections:
6
NEW
SUBSECTION
.
6A.
“Department”
means
the
department
of
7
inspections,
appeals,
and
licensing.
8
NEW
SUBSECTION
.
6B.
“Director”
means
the
director
of
the
9
department
of
inspections,
appeals,
and
licensing.
10
Sec.
1768.
Section
88A.2,
Code
2023,
is
amended
to
read
as
11
follows:
12
88A.2
Permit
required.
13
1.
No
amusement
device
or
ride,
concession
booth,
or
any
14
related
electrical
equipment
shall
be
operated
at
a
carnival
15
or
fair
in
this
state
without
a
permit
having
been
issued
by
16
the
commissioner
director
to
an
operator
of
such
equipment.
On
17
or
before
the
first
of
May
of
each
year,
any
person
required
18
to
obtain
a
permit
by
this
chapter
shall
apply
to
the
division
19
department
for
a
permit
on
a
form
furnished
by
the
commissioner
20
director
which
form
shall
contain
such
information
as
the
21
commissioner
director
may
require.
The
commissioner
director
22
may
waive
the
requirement
that
an
application
for
a
permit
23
must
be
filed
on
or
before
the
first
of
May
of
each
year
if
24
the
applicant
gives
satisfactory
proof
to
the
commissioner
25
director
that
the
applicant
could
not
reasonably
comply
with
26
the
date
requirement
and
if
the
applicant
immediately
applies
27
for
a
permit
after
the
need
for
a
permit
is
first
determined.
28
For
the
purpose
of
determining
if
an
amusement
ride,
amusement
29
device,
concession
booth,
or
any
related
electrical
equipment
30
is
in
safe
operating
condition
and
will
provide
protection
31
to
the
public
using
such
ride,
device,
booth,
or
related
32
electrical
equipment,
each
amusement
ride,
amusement
device,
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concession
booth,
or
related
electrical
equipment
shall
be
34
inspected
by
the
commissioner
director
before
it
is
initially
35
placed
in
operation
in
this
state,
and
shall
thereafter
be
1
inspected
at
least
once
each
year.
2
2.
If,
after
inspection,
an
amusement
device
or
ride,
3
concession
booth,
or
related
electrical
equipment
is
found
4
to
comply
with
the
rules
adopted
under
this
chapter
,
the
5
commissioner
director
shall,
upon
payment
of
the
permit
fee
6
and
the
inspection
fee,
permit
the
operation
of
the
amusement
7
device
or
ride
or
concession
booth
or
to
use
any
related
8
electrical
equipment.
9
3.
If,
after
inspection,
additions
or
alterations
10
are
contemplated
which
change
a
structure,
mechanism,
11
classification,
or
capacity,
the
operator
shall
notify
the
12
commissioner
director
of
the
operator’s
intentions
in
writing
13
and
provide
any
plans
or
diagrams
requested
by
the
commissioner
14
director
.
15
Sec.
1769.
Section
88A.3,
Code
2023,
is
amended
to
read
as
16
follows:
17
88A.3
Rules.
18
1.
The
commissioner
director
shall
adopt
rules
pursuant
to
19
chapter
17A
for
the
safe
installation,
repair,
maintenance,
20
use,
operation,
and
inspection
of
amusement
devices,
amusement
21
rides,
concession
booths,
and
related
electrical
equipment
at
22
carnivals
and
fairs
to
the
extent
necessary
for
the
protection
23
of
the
public.
The
rules
shall
be
based
on
generally
accepted
24
engineering
standards
and
shall
be
concerned
with,
but
not
25
necessarily
limited
to,
engineering
force
stresses,
safety
26
devices,
and
preventive
maintenance.
If
standards
are
27
available
in
suitable
form,
the
standards
may
be
incorporated
28
by
reference.
The
rules
shall
provide
for
the
reporting
of
29
accidents
and
injuries
incurred
from
the
operation
of
amusement
30
devices
or
rides,
concession
booths,
or
related
electrical
31
equipment.
32
2.
The
commissioner
director
may
modify
or
repeal
any
rule
33
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adopted
under
the
provisions
of
this
chapter
.
34
Sec.
1770.
Section
88A.5,
Code
2023,
is
amended
to
read
as
35
follows:
1
88A.5
Fees
to
general
fund.
2
All
fees
collected
by
the
division
department
under
3
the
provisions
of
this
chapter
shall
be
transmitted
to
the
4
treasurer
of
state
and
credited
by
the
treasurer
to
the
general
5
fund
of
the
state.
6
Sec.
1771.
Section
88A.6,
Code
2023,
is
amended
to
read
as
7
follows:
8
88A.6
Personnel.
9
The
commissioner
director
may
employ
inspectors
and
any
10
other
personnel
deemed
necessary
to
carry
out
the
provisions
11
of
this
chapter
,
subject
to
the
provisions
of
chapter
8A,
12
subchapter
IV
.
13
Sec.
1772.
Section
88A.7,
Code
2023,
is
amended
to
read
as
14
follows:
15
88A.7
Cessation
order.
16
The
commissioner
director
may
order,
in
writing,
a
temporary
17
cessation
of
operation
of
any
amusement
device
or
ride,
18
concession
booth,
or
related
electrical
equipment
if
it
has
19
been
determined
after
inspection
to
be
hazardous
or
unsafe.
20
Operation
of
the
amusement
device
or
ride,
concession
booth
or
21
related
electrical
equipment
shall
not
resume
until
the
unsafe
22
or
hazardous
condition
is
corrected
to
the
satisfaction
of
the
23
commissioner
director
.
24
Sec.
1773.
Section
88A.8,
Code
2023,
is
amended
to
read
as
25
follows:
26
88A.8
Judicial
review.
27
Judicial
review
of
action
of
the
commissioner
director
28
may
be
sought
in
accordance
with
the
terms
of
the
Iowa
29
administrative
procedure
Act,
chapter
17A
.
30
Sec.
1774.
Section
88A.10,
subsections
1
and
2,
Code
2023,
31
are
amended
to
read
as
follows:
32
1.
Any
person
who
operates
an
amusement
device
or
ride,
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concession
booth
or
related
electrical
equipment
at
a
carnival
34
or
fair
without
having
obtained
a
permit
from
the
commissioner
35
director
or
who
violates
any
order
or
rule
issued
by
the
1
commissioner
director
under
this
chapter
is
guilty
of
a
serious
2
misdemeanor.
3
2.
A
person
who
interferes
with,
impedes,
or
obstructs
in
4
any
manner
the
commissioner
director
in
the
performance
of
the
5
commissioner’s
director’s
duties
under
this
chapter
is
guilty
6
of
a
simple
misdemeanor.
A
person
who
bribes
or
attempts
to
7
bribe
the
commissioner
director
is
subject
to
section
722.1
.
8
Sec.
1775.
Section
88A.11,
subsections
3
and
4,
Code
2023,
9
are
amended
to
read
as
follows:
10
3.
The
commissioner
director
may
exempt
amusement
devices
11
from
the
provisions
of
this
chapter
that
have
self-contained
12
wiring
installed
by
the
manufacturer,
that
are
operated
13
manually
by
the
use
of
hands
or
feet,
that
operate
on
less
than
14
one
hundred
twenty
volts
of
electrical
power,
and
that
are
15
fixtures
or
appliances
within
or
part
of
a
structure
subject
to
16
the
building
code
of
this
state
or
any
political
subdivision
17
of
this
state.
18
4.
The
commissioner
director
may
exempt
playground
19
equipment
owned,
maintained,
and
operated
by
any
political
20
subdivision
of
this
state.
21
Sec.
1776.
Section
88A.13,
Code
2023,
is
amended
to
read
as
22
follows:
23
88A.13
Waiver
of
inspection.
24
The
commissioner
director
may
waive
the
requirement
that
25
an
amusement
device
or
ride
or
any
part
thereof
be
inspected
26
before
being
operated
in
this
state
if
an
operator
gives
27
satisfactory
proof
to
the
commissioner
director
that
the
28
amusement
device
or
ride
or
any
part
thereof
has
passed
an
29
inspection
conducted
by
a
public
or
private
agency
whose
30
inspection
standards
and
requirements
are
at
least
equal
31
to
those
requirements
and
standards
established
by
the
32
commissioner
director
under
the
provisions
of
this
chapter
.
33
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The
annual
permit
and
inspection
fees
shall
be
paid
before
the
34
commissioner
director
may
waive
this
requirement.
35
Sec.
1777.
Section
88A.14,
Code
2023,
is
amended
to
read
as
1
follows:
2
88A.14
Injunction.
3
In
addition
to
any
and
all
other
remedies,
if
an
owner,
4
operator,
or
person
in
charge
of
any
amusement
device
or
ride,
5
concession
booth,
or
related
electrical
equipment
covered
by
6
this
chapter
,
continues
to
operate
any
amusement
device
or
7
ride,
concession
booth,
or
related
electrical
equipment
covered
8
by
this
chapter
,
after
receiving
a
notice
of
defect
as
provided
9
by
this
chapter
,
without
first
correcting
the
defects
or
making
10
replacements,
the
commissioner
director
may
petition
the
11
district
court
in
equity,
in
an
action
brought
in
the
name
of
12
the
state,
for
a
writ
of
injunction
to
restrain
the
use
of
the
13
alleged
defective
amusement
device
or
ride,
concession
booth,
14
or
related
electrical
equipment.
15
Sec.
1778.
Section
88B.1,
subsections
3
and
4,
Code
2023,
16
are
amended
by
striking
the
subsections
and
inserting
in
lieu
17
thereof
the
following:
18
3.
“Department”
means
the
department
of
inspections,
19
appeals,
and
licensing.
20
4.
“Director”
means
the
director
of
the
department
of
21
inspections,
appeals,
and
licensing.
22
Sec.
1779.
Section
88B.1,
subsections
5
and
6,
Code
2023,
23
are
amended
to
read
as
follows:
24
5.
“License”
means
an
authorization
issued
by
the
division
25
department
permitting
an
individual
person,
including
a
26
supervisor
or
contractor,
to
work
on
an
asbestos
project,
to
27
inspect
buildings
for
asbestos-containing
building
materials,
28
to
develop
management
plans,
and
to
act
as
an
asbestos
project
29
designer.
30
6.
“Permit”
means
an
authorization
issued
by
the
division
31
department
permitting
a
business
entity
to
remove
or
32
encapsulate
asbestos.
33
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Sec.
1780.
Section
88B.3,
Code
2023,
is
amended
to
read
as
34
follows:
35
88B.3
Administration
——
rules
——
fees
——
inspections.
1
1.
The
commissioner
director
shall
administer
this
chapter
.
2
2.
The
commissioner
director
shall
adopt,
in
accordance
3
with
chapter
17A
,
rules
necessary
to
carry
out
the
provisions
4
of
this
chapter
.
5
3.
The
commissioner
director
shall
prescribe
fees
for
6
the
issuance
and
renewal
of
licenses
and
permits.
The
fees
7
shall
be
based
on
the
costs
of
licensing,
permitting,
and
8
administering
this
chapter
,
including
time
spent
by
personnel
9
of
the
division
department
in
performing
duties
and
any
travel
10
expenses
incurred.
All
fees
provided
for
in
this
chapter
shall
11
be
collected
by
the
commissioner
director
and
remitted
to
the
12
treasurer
of
state
for
deposit
in
the
general
fund
of
the
13
state.
14
4.
At
least
once
a
year,
during
an
actual
asbestos
project,
15
the
division
department
shall
conduct
an
on-site
inspection
16
of
each
permittee’s
procedures
for
removing
and
encapsulating
17
asbestos.
18
Sec.
1781.
Section
88B.3A,
subsection
1,
Code
2023,
is
19
amended
to
read
as
follows:
20
1.
To
qualify
for
a
permit,
a
business
entity
shall
submit
21
an
application
to
the
division
department
in
the
form
required
22
by
the
division
department
and
pay
the
prescribed
fee.
23
Sec.
1782.
Section
88B.4,
Code
2023,
is
amended
to
read
as
24
follows:
25
88B.4
Permit
——
term,
renewal,
and
records
required.
26
1.
A
permit
expires
on
the
first
anniversary
of
its
27
effective
date,
unless
it
is
renewed
for
a
one-year
term
as
28
provided
in
this
section
.
29
2.
At
least
one
month
before
the
permit
expires,
the
30
division
department
shall
send
to
the
permittee,
at
the
last
31
known
address
of
the
permittee,
a
renewal
notice
that
states
32
all
of
the
following:
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a.
The
date
on
which
the
current
permit
expires.
34
b.
The
date
by
which
the
renewal
application
must
be
35
received
by
the
division
department
for
the
renewal
to
be
1
issued
and
mailed
before
the
permit
expires.
2
c.
The
amount
of
the
renewal
fee.
3
3.
Before
the
permit
expires,
the
permittee
may
renew
it
for
4
an
additional
one-year
term,
if
the
business
entity
meets
the
5
following
conditions:
6
a.
Is
otherwise
entitled
to
a
permit.
7
b.
Submits
a
renewal
application
to
the
division
department
8
in
the
form
required
by
the
division
department
.
9
c.
Pays
the
renewal
fee
prescribed
by
the
division
10
department
.
11
4.
The
permittee
shall
keep
a
record
of
each
asbestos
12
project
it
performs
and
shall
make
the
record
available
to
the
13
division
department
at
any
reasonable
time.
Records
shall
14
contain
information
and
be
kept
for
a
time
prescribed
in
rules
15
adopted
by
the
division
department
.
16
Sec.
1783.
Section
88B.5,
Code
2023,
is
amended
to
read
as
17
follows:
18
88B.5
Waivers
and
alternative
procedures.
19
1.
In
an
emergency
that
results
from
a
sudden,
unexpected
20
event
that
is
not
a
planned
renovation
or
demolition,
the
21
commissioner
director
may
waive
the
requirement
for
a
permit.
22
2.
If
the
business
entity
is
not
primarily
engaged
in
the
23
removal
or
encapsulation
of
asbestos,
the
commissioner
director
24
may
waive
the
requirement
for
a
permit
if
worker
protection
25
requirements
are
met.
26
3.
The
division
department
shall
not
approve
any
waivers
27
on
work
conducted
at
a
school,
public,
or
commercial
building
28
unless
the
request
is
accompanied
by
a
recommendation
from
an
29
asbestos
project
designer.
30
Sec.
1784.
Section
88B.6,
subsection
1,
paragraphs
a
and
b,
31
Code
2023,
are
amended
to
read
as
follows:
32
a.
To
apply
for
a
license,
an
individual
shall
submit
an
33
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application
to
the
division
department
in
the
form
required
by
34
the
division
department
and
shall
pay
the
prescribed
fee.
35
b.
The
application
shall
include
information
prescribed
by
1
rules
adopted
by
the
commissioner
director
.
2
Sec.
1785.
Section
88B.6,
subsection
2,
paragraph
a,
3
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
4
follows:
5
An
individual
is
not
eligible
to
be
or
do
any
of
the
6
following
unless
the
person
obtains
a
license
from
the
division
7
department
:
8
Sec.
1786.
Section
88B.6,
subsection
2,
paragraph
b,
Code
9
2023,
is
amended
to
read
as
follows:
10
b.
To
qualify
for
a
license,
the
applicant
must
have
11
successfully
completed
training
as
established
by
the
United
12
States
environmental
protection
agency,
paid
a
fee,
and
met
13
other
requirements
as
specified
by
the
division
department
by
14
rule.
15
Sec.
1787.
Section
88B.8,
unnumbered
paragraph
1,
Code
16
2023,
is
amended
to
read
as
follows:
17
The
division
department
may
deny,
suspend,
or
revoke
a
18
permit
or
license,
in
accordance
with
chapter
17A
,
if
the
19
permittee
or
licensee
does
any
of
the
following:
20
Sec.
1788.
Section
88B.8,
subsection
2,
Code
2023,
is
21
amended
to
read
as
follows:
22
2.
Fails
at
any
time
to
meet
the
qualifications
for
a
permit
23
or
license
or
to
comply
with
a
rule
adopted
by
the
commissioner
24
director
under
this
chapter
.
25
Sec.
1789.
Section
88B.11,
Code
2023,
is
amended
to
read
as
26
follows:
27
88B.11
Bids
for
governmental
projects.
28
A
state
agency
or
political
subdivision
shall
not
accept
a
29
bid
in
connection
with
any
asbestos
project
from
a
business
30
entity
that
does
not
hold
a
permit
from
the
division
department
31
at
the
time
the
bid
is
submitted,
unless
the
business
entity
32
provides
the
state
agency
or
political
subdivision
with
written
33
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proof
that
ensures
that
the
business
entity
has
contracted
34
to
have
the
asbestos
removal
or
encapsulation
performed
by
a
35
licensed
asbestos
contractor.
1
Sec.
1790.
Section
89.1,
subsection
1,
Code
2023,
is
amended
2
to
read
as
follows:
3
1.
The
labor
commissioner
director
shall
enforce
the
4
provisions
of
this
chapter
and
may
employ
qualified
personnel
5
under
the
provisions
of
chapter
8A,
subchapter
IV
,
to
6
administer
the
provisions
of
this
chapter
.
7
Sec.
1791.
Section
89.2,
subsection
4,
Code
2023,
is
amended
8
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
9
following:
10
4.
“Department”
means
the
department
of
inspections,
11
appeals,
and
licensing.
12
Sec.
1792.
Section
89.2,
Code
2023,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
4A.
“Director”
means
the
director
of
the
15
department
of
inspections,
appeals,
and
licensing.
16
Sec.
1793.
Section
89.2,
subsection
9,
Code
2023,
is
amended
17
to
read
as
follows:
18
9.
“Special
inspector”
means
an
inspector
who
holds
a
19
commission
from
the
commissioner
director
and
who
is
not
a
20
state
employee.
21
Sec.
1794.
Section
89.3,
Code
2023,
is
amended
to
read
as
22
follows:
23
89.3
Inspection
made.
24
1.
It
shall
be
the
duty
of
the
commissioner
director
to
25
inspect
or
cause
to
be
inspected
internally
and
externally,
at
26
least
once
every
twelve
months,
except
as
otherwise
provided
27
in
this
section
,
in
order
to
determine
whether
all
such
28
equipment
is
in
a
safe
and
satisfactory
condition,
and
properly
29
constructed
and
maintained
for
the
purpose
for
which
it
is
30
used,
all
boilers
and
unfired
steam
pressure
vessels
operating
31
in
excess
of
fifteen
pounds
per
square
inch,
all
low
pressure
32
heating
boilers
and
unfired
steam
pressure
vessels
located
in
33
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places
of
public
assembly
and
other
appurtenances
used
in
this
34
state
for
generating
or
transmitting
steam
for
power,
or
for
35
using
steam
under
pressure
for
heating
or
steaming
purposes.
1
2.
The
commissioner
director
may
enter
any
building
or
2
structure,
public
or
private,
for
the
purpose
of
inspecting
any
3
equipment
covered
by
this
chapter
or
gathering
information
with
4
reference
thereto.
5
3.
The
commissioner
may
inspect
boilers
and
tanks
6
and
other
equipment
stamped
with
the
American
society
of
7
mechanical
engineers
code
symbol
for
other
than
steam
pressure,
8
manufactured
in
Iowa,
when
requested
by
the
manufacturer.
9
4.
a.
An
object
that
meets
all
of
the
following
criteria
10
shall
be
inspected
at
least
once
every
two
years
internally
11
and
externally
while
not
under
pressure,
and
at
least
once
12
every
two
years
externally
while
under
pressure,
unless
the
13
commissioner
director
determines
that
an
earlier
inspection
is
14
warranted:
15
(1)
The
object
is
a
boiler
with
one
hundred
thousand
pounds
16
per
hour
or
more
capacity,
or
the
object
is
an
unfired
steam
17
pressure
vessel
or
a
regulated
appurtenance
that
is
part
of
the
18
same
system
as
a
boiler
with
one
hundred
thousand
pounds
per
19
hour
or
more
capacity.
20
(2)
The
object
contains
only
water
subject
to
internal
21
continuous
water
treatment
under
the
direct
supervision
of
22
a
graduate
engineer
or
chemist,
or
one
having
equivalent
23
experience
in
the
treatment
of
boiler
water.
24
(3)
The
water
treatment
is
for
the
purpose
of
controlling
25
and
limiting
serious
corrosion
and
other
deteriorating
factors.
26
b.
The
owner
or
user
of
an
object
meeting
the
criteria
in
27
paragraph
“a”
shall
do
the
following:
28
(1)
At
any
time
the
commissioner
director
,
a
special
29
inspector,
or
the
supervisor
of
water
treatment
deems
a
30
hydrostatic
test
is
necessary
to
determine
the
safety
of
31
an
object,
conduct
the
test
under
the
supervision
of
the
32
commissioner
director
.
33
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(2)
Keep
available
for
examination
by
the
commissioner
34
director
accurate
records
showing
the
date
and
actual
time
the
35
object
is
out
of
service
and
the
reason
it
is
out
of
service.
1
(3)
Keep
available
for
examination
by
the
commissioner
2
director
chemical
physical
laboratory
analyses
of
samples
of
3
the
object
water
taken
at
regular
intervals
of
not
more
than
4
forty-eight
hours
of
operation
as
will
adequately
show
the
5
condition
of
the
water
and
any
elements
or
characteristics
of
6
the
water
which
are
capable
of
producing
corrosion
or
other
7
deterioration
of
the
object
or
its
parts.
8
5.
a.
An
object
that
meets
all
of
the
following
criteria
9
shall
be
inspected
at
least
once
each
year
externally
while
10
under
pressure
and
at
least
once
every
four
years
internally
11
while
not
under
pressure,
unless
the
commissioner
director
12
determines
an
earlier
inspection
is
warranted:
13
(1)
The
object
is
a
boiler
with
one
hundred
thousand
pounds
14
per
hour
or
more
capacity,
or
the
object
is
an
unfired
steam
15
pressure
vessel
or
a
regulated
appurtenance
that
is
part
of
the
16
same
system
as
a
boiler
with
one
hundred
thousand
pounds
per
17
hour
or
more
capacity.
18
(2)
The
object
contains
only
water
subject
to
internal
19
continuous
water
treatment
under
the
direct
supervision
of
20
a
graduate
engineer
or
chemist,
or
one
having
equivalent
21
experience
in
the
treatment
of
boiler
water.
22
(3)
The
water
treatment
is
for
the
purpose
of
controlling
23
and
limiting
serious
corrosion
and
other
deteriorating
factors.
24
(4)
Either
of
the
following:
25
(a)
The
owner
or
user
is
a
participant
in
good
standing
in
26
the
Iowa
occupational
safety
and
health
voluntary
protection
27
program
and
has
achieved
star
status
within
the
program,
which
28
is
administered
by
the
division
of
labor
services
in
the
29
department
of
workforce
development
inspections,
appeals,
and
30
licensing
.
31
(b)
The
object
is
an
unfired
steam
pressure
vessel
and
is
32
part
of
or
integral
to
the
continuous
operation
of
a
process
33
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covered
by
and
compliant
with
the
occupational
safety
and
34
health
administration
process
safety
management
standard
35
contained
in
29
C.F.R.
§1910.119
and
the
owner
demonstrates
1
such
compliance
to
a
special
inspector
or
the
commissioner
2
director
.
The
unfired
steam
pressure
vessel
must
also
be
3
included
as
process
safety
management
process
equipment
in
the
4
owner
of
the
unfired
steam
pressure
vessel’s
process
safety
5
management
program.
6
b.
The
owner
or
user
of
an
object
that
meets
the
criteria
in
7
paragraph
“a”
shall
do
the
following:
8
(1)
At
any
time
the
commissioner
director
,
a
special
9
inspector,
or
the
supervisor
of
the
water
treatment
deems
10
a
hydrostatic
test
necessary
to
determine
the
safety
of
11
an
object,
conduct
the
test
under
the
supervision
of
the
12
commissioner
director
.
13
(2)
Keep
available
for
examination
by
the
commissioner
14
director
accurate
records
showing
the
date
and
actual
time
the
15
object
is
out
of
service
and
the
reason
it
is
out
of
service.
16
(3)
Arrange
for
an
internal
inspection
of
the
object
during
17
each
planned
outage
by
a
special
inspector
or
the
commissioner
18
director
.
19
(4)
Keep
for
examination
by
the
commissioner
director
20
accurate
records
showing
the
chemical
physical
laboratory
21
analyses
of
samples
of
the
object’s
water
taken
at
regular
22
intervals
of
not
more
than
forty-eight
hours
of
operation
23
adequate
to
show
the
condition
of
the
water
and
any
elements
24
or
characteristics
of
the
water
that
are
capable
of
producing
25
corrosion
or
other
deterioration
of
the
object
or
its
parts.
26
6.
Internal
inspections
of
cast
aluminum
steam,
cast
27
aluminum
hot
water
heating,
sectional
cast
iron
steam,
and
28
cast
iron
hot
water
heating
boilers
shall
be
conducted
only
29
as
deemed
necessary
by
the
commissioner
director
.
External
30
operating
inspections
shall
be
conducted
annually.
31
7.
Internal
inspections
of
steel
hot
water
boilers
shall
be
32
conducted
once
every
six
years.
External
operating
inspections
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shall
be
conducted
annually
in
years
other
than
the
year
in
34
which
internal
inspections
are
conducted.
35
8.
Inspections
of
unfired
steam
pressure
vessels
operating
1
in
excess
of
fifteen
pounds
per
square
inch
and
low
pressure
2
steam
boilers
shall
be
conducted
at
least
once
each
calendar
3
year.
The
inspections
conducted
within
each
two-year
period
4
shall
include
an
external
inspection
conducted
while
the
boiler
5
is
operating
and
an
internal
inspection,
where
construction
6
permits.
No
more
than
one
inspection
shall
be
conducted
per
7
six-month
period.
An
internal
inspection
of
an
unfired
steam
8
pressure
vessel
or
low
pressure
steam
boiler
may
be
required
9
at
any
time
by
the
commissioner
director
upon
the
observation
10
by
an
inspector
of
conditions,
enumerated
by
the
commissioner
11
director
through
rules,
warranting
an
internal
inspection.
12
If
a
low
pressure
steam
boiler
is
in
dry
lay-up,
an
internal
13
inspection
shall
be
conducted
in
lieu
of
an
external
14
inspection.
For
purposes
of
this
subsection
,
“dry
lay-up”
15
means
a
process
whereby
a
boiler
is
taken
out
of
service
for
a
16
period
of
six
months
or
longer,
drained,
dried,
and
cleaned,
17
and
measures
to
prevent
corrosion
are
performed
on
the
boiler.
18
9.
An
internal
inspection
shall
not
be
required
on
an
19
unfired
steam
pressure
vessel
that
was
manufactured
without
an
20
inspection
opening.
21
10.
An
exhibition
boiler
does
not
require
an
annual
22
inspection
certificate
but
special
inspections
may
be
requested
23
by
the
owner
or
an
event’s
management
to
be
performed
by
the
24
commissioner
director
.
Upon
the
completion
of
an
exhibition
25
boiler
inspection
a
written
condition
report
shall
be
prepared
26
by
the
commissioner
director
regarding
the
condition
of
27
the
exhibition
boiler’s
boiler
or
pressure
vessel.
This
28
report
will
be
issued
to
the
owner
and
the
management
of
all
29
events
at
which
the
exhibition
boiler
is
to
be
operated.
The
30
event’s
management
is
responsible
for
the
decision
on
whether
31
the
exhibition
boiler
should
be
operated
and
shall
inform
32
the
division
of
labor
services
department
of
the
event’s
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management’s
decision.
The
event’s
management
is
responsible
34
for
any
injuries
which
result
from
the
operation
of
any
35
exhibition
boiler
approved
for
use
at
the
event
by
the
event’s
1
management.
A
repair
symbol,
known
as
the
“R”
stamp,
is
not
2
required
for
repairs
made
to
exhibition
boilers
pursuant
to
the
3
rules
regarding
inspections
and
repair
of
exhibition
boilers
as
4
adopted
by
the
commissioner
director
,
pursuant
to
chapter
17A
.
5
11.
An
inspection
report
created
pursuant
to
this
chapter
6
that
requires
modification,
alteration,
or
change
shall
be
in
7
writing
and
shall
cite
the
state
law
or
rule
or
the
ASME
code
8
section
allegedly
violated.
9
Sec.
1795.
Section
89.4,
subsection
2,
unnumbered
paragraph
10
1,
Code
2023,
is
amended
to
read
as
follows:
11
Unfired
steam
pressure
vessels
not
exceeding
the
following
12
limitations
are
not
required
to
be
reported
to
the
commissioner
13
director
and
shall
be
exempt
from
regular
inspection
under
14
provisions
of
this
chapter
:
15
Sec.
1796.
Section
89.5,
subsections
1
and
2,
Code
2023,
are
16
amended
to
read
as
follows:
17
1.
The
commissioner
director
shall
investigate
and
record
18
the
cause
of
any
boiler
explosion
that
may
occur
in
the
state,
19
the
loss
of
life,
injuries
sustained,
and
estimated
loss
of
20
property,
if
any;
and
such
other
data
as
may
be
of
benefit
in
21
preventing
a
recurrence
of
similar
explosions.
22
2.
The
commissioner
director
shall
keep
a
complete
and
23
accurate
record
of
the
name
of
the
owner
or
user
of
each
steam
24
boiler
or
other
equipment
subject
to
this
chapter
,
giving
25
a
full
description
of
the
equipment,
including
the
type,
26
dimensions,
age,
condition,
the
amount
of
pressure
allowed,
and
27
the
date
when
last
inspected.
28
Sec.
1797.
Section
89.6,
Code
2023,
is
amended
to
read
as
29
follows:
30
89.6
Notice
to
commissioner
director
.
31
1.
Before
any
equipment
included
under
the
provisions
32
of
this
chapter
is
installed
by
any
owner,
user,
or
lessee
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thereof,
a
ten
days’
written
notice
of
intention
to
install
the
34
equipment
shall
be
given
to
the
commissioner
director
.
The
35
notice
shall
designate
the
proposed
place
of
installation,
the
1
type
and
capacity
of
the
equipment,
the
use
to
be
made
thereof,
2
the
name
of
the
company
which
manufactured
the
equipment,
and
3
whether
the
equipment
is
new
or
used.
4
2.
Before
any
power
boiler
is
converted
to
a
low
pressure
5
boiler,
the
owner
or
user
shall
give
to
the
commissioner
6
director
ten
days’
written
notice
of
intent
to
convert
the
7
boiler.
The
notice
shall
designate
the
boiler
location,
the
8
uses
of
the
building,
and
other
information
specified
by
rule
9
by
the
board.
10
Sec.
1798.
Section
89.7,
Code
2023,
is
amended
to
read
as
11
follows:
12
89.7
Special
inspectors.
13
1.
The
inspection
required
by
this
chapter
shall
not
be
14
made
by
the
commissioner
director
if
an
owner
or
user
of
15
equipment
specified
by
this
chapter
obtains
an
inspection
by
16
a
representative
of
a
reputable
insurance
company
and
obtains
17
a
policy
of
insurance
upon
the
equipment
from
that
insurance
18
company.
19
2.
The
representative
conducting
the
inspection
shall
20
be
commissioned
by
the
commissioner
director
as
a
special
21
inspector
for
the
year
during
which
the
inspection
occurs
22
and
shall
meet
such
other
requirements
as
the
commissioner
23
director
may
by
rule
establish.
The
commission
shall
be
valid
24
for
one
year
and
the
special
inspector
shall
pay
a
fee
for
the
25
issuance
of
the
commission.
The
commissioner
director
shall
26
establish
the
amount
of
the
fee
by
rule.
The
commissioner
27
director
shall
establish
rules
for
the
issuance
and
revocation
28
of
special
inspector
commissions.
The
rules
are
subject
to
the
29
requirements
of
chapter
17A
.
30
3.
The
insurance
company
shall
file
a
notice
of
insurance
31
coverage
on
forms
approved
by
the
commissioner
director
stating
32
that
the
equipment
is
insured
and
that
inspection
shall
be
made
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in
accordance
with
section
89.3
.
34
4.
The
special
inspector
shall
provide
the
user
and
the
35
commissioner
director
with
an
inspection
report
including
the
1
nature
and
extent
of
all
defects
and
violations,
in
a
format
2
approved
by
the
labor
commissioner
director
.
3
5.
The
failure
of
a
special
inspector
to
inform
the
4
commissioner
director
of
violations
shall
not
subject
the
5
commissioner
director
to
liability
for
any
damages
incurred.
6
Sec.
1799.
Section
89.7A,
Code
2023,
is
amended
to
read
as
7
follows:
8
89.7A
Certificates.
9
1.
The
commissioner
director
shall
issue
a
certificate
of
10
inspection
valid
for
the
period
specified
in
section
89.3
after
11
the
payment
of
a
fee,
the
filing
of
an
inspection
report,
and
12
the
correction
or
other
appropriate
resolution
of
any
defects
13
identified
in
the
inspection
report.
The
certificate
shall
be
14
posted
at
a
place
near
the
location
of
the
equipment.
15
2.
The
owner
or
user
of
any
equipment
covered
in
this
16
chapter
,
or
persons
in
charge
of
such
equipment,
shall
not
17
allow
or
permit
a
greater
pressure
in
any
unit
than
is
stated
18
in
the
certificate
of
inspection
issued
by
the
commissioner
19
director
.
20
3.
The
commissioner
director
shall
indicate
to
the
user
21
whether
or
not
the
equipment
may
be
used
without
making
repair
22
or
replacement
of
defective
parts,
or
whether
or
how
the
23
equipment
may
be
used
in
a
limited
capacity
before
repairs
24
or
replacements
are
made,
and
the
commissioner
director
may
25
permit
the
user
a
reasonable
time
to
make
such
repairs
or
26
replacements.
27
Sec.
1800.
Section
89.8,
Code
2023,
is
amended
to
read
as
28
follows:
29
89.8
Boiler
and
pressure
vessel
safety
fund
——
fees
30
appropriated.
31
A
boiler
and
pressure
vessel
safety
revolving
fund
is
32
created
within
the
state
treasury
under
the
control
of
the
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commissioner
director
and
shall
consist
of
moneys
collected
34
by
the
commissioner
director
as
fees.
Moneys
in
the
fund
are
35
appropriated
and
shall
be
used
by
the
commissioner
director
1
to
pay
the
actual
costs
and
expenses
necessary
to
operate
the
2
board
and
administer
the
provisions
of
this
chapter
.
All
3
salaries
and
expenses
properly
chargeable
to
the
fund
shall
be
4
paid
from
the
fund.
Section
8.33
does
not
apply
to
any
moneys
5
in
the
fund.
Notwithstanding
section
12C.7,
subsection
2
,
6
interest
or
earnings
on
moneys
deposited
in
the
fund
shall
be
7
credited
to
the
fund.
8
Sec.
1801.
Section
89.9,
Code
2023,
is
amended
to
read
as
9
follows:
10
89.9
Disposal
of
fees.
11
All
fees
provided
for
in
this
chapter
shall
be
collected
12
by
the
commissioner
director
and
remitted
to
the
treasurer
13
of
state,
to
be
deposited
in
the
boiler
and
pressure
vessel
14
safety
fund
pursuant
to
section
89.8
,
together
with
an
itemized
15
statement
showing
the
source
of
collection.
16
Sec.
1802.
Section
89.11,
Code
2023,
is
amended
to
read
as
17
follows:
18
89.11
Injunction.
19
1.
In
addition
to
all
other
remedies,
if
any
owner,
user,
20
or
person
in
charge
of
any
equipment
covered
by
this
chapter
21
continues
to
use
any
equipment
covered
by
this
chapter
,
22
after
receiving
an
inspection
report
identifying
defects
and
23
exhausting
appeal
rights
as
provided
by
this
chapter
without
24
first
correcting
the
defects
or
making
replacements,
the
25
commissioner
director
may
apply
to
the
district
court
by
26
petition
in
equity,
in
an
action
brought
in
the
name
of
the
27
state,
for
a
writ
of
injunction
to
restrain
the
use
of
the
28
alleged
defective
equipment.
29
2.
If
the
commissioner
director
believes
that
the
continued
30
operation
of
equipment
constitutes
an
imminent
danger
that
31
could
seriously
injure
or
cause
death
to
any
person,
in
32
addition
to
all
other
remedies,
the
commissioner
director
33
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may
apply
to
the
district
court
in
the
county
in
which
the
34
imminently
dangerous
condition
exists
for
a
temporary
order
to
35
enjoin
the
owner,
user,
or
person
in
charge
from
operating
the
1
equipment
before
the
owner’s,
user’s,
or
person’s
rights
to
2
administrative
appeals
have
been
exhausted.
3
Sec.
1803.
Section
89.12,
Code
2023,
is
amended
to
read
as
4
follows:
5
89.12
Hearing
——
notice
——
decree.
6
The
commissioner
director
shall
notify
in
writing
the
owner
7
or
user
of
the
equipment
of
the
time
and
place
of
hearing
of
the
8
petition
as
fixed
by
the
court
or
judge,
and
shall
serve
the
9
notice
on
the
defendant
at
least
five
days
prior
to
the
hearing
10
in
the
same
manner
as
original
notices
are
served.
The
general
11
provisions
relating
to
civil
practice
and
procedure
as
may
be
12
applicable,
shall
govern
the
proceedings,
except
as
herein
13
modified.
In
the
event
the
defendant
does
not
appear
or
plead
14
to
the
action,
default
shall
be
entered
against
the
defendant.
15
The
action
shall
be
tried
in
equity,
and
the
court
or
judge
16
shall
make
such
order
or
decree
as
the
evidence
warrants.
17
Sec.
1804.
Section
89.13,
Code
2023,
is
amended
to
read
as
18
follows:
19
89.13
Civil
penalty
allowed.
20
If
upon
notice
and
hearing
the
commissioner
director
21
determines
that
an
owner
has
operated
a
facility
in
violation
22
of
a
safety
order,
the
commissioner
director
may
assess
a
civil
23
penalty
against
the
owner
in
an
amount
not
exceeding
five
24
hundred
dollars,
as
determined
by
the
commissioner
director
.
25
An
order
assessing
a
civil
penalty
is
subject
to
appeal
to
26
the
employment
appeal
board
and
to
judicial
review.
The
27
commissioner
director
may
commence
an
action
in
the
district
28
court
to
enforce
payment
of
a
civil
penalty.
Revenue
from
29
the
penalty
provided
in
this
section
shall
be
remitted
to
the
30
treasurer
of
state
for
deposit
in
the
general
fund
of
the
31
state.
32
Sec.
1805.
Section
89.14,
subsection
1,
Code
2023,
is
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amended
to
read
as
follows:
34
1.
A
boiler
and
pressure
vessel
board
is
created
within
35
the
division
of
labor
services
of
the
department
of
workforce
1
development
to
formulate
definitions
and
rules
requirements
2
for
the
safe
and
proper
installation,
repair,
maintenance,
3
alteration,
use,
and
operation
of
boilers
and
pressure
vessels
4
in
this
state.
5
Sec.
1806.
Section
89.14,
subsection
2,
paragraph
a,
Code
6
2023,
is
amended
to
read
as
follows:
7
a.
The
commissioner
director
or
the
commissioner’s
8
director’s
designee.
9
Sec.
1807.
Section
89.14,
subsections
4,
6,
and
8,
Code
10
2023,
are
amended
to
read
as
follows:
11
4.
The
members
of
the
board
shall
select
a
chairperson,
vice
12
chairperson,
and
secretary
from
their
membership.
However,
13
neither
the
commissioner
director
nor
the
commissioner’s
14
director’s
designee
shall
serve
as
chairperson.
The
board
15
shall
meet
at
least
quarterly
but
may
meet
as
often
as
16
necessary.
Meetings
shall
be
set
by
a
majority
of
the
board
17
or
upon
the
call
of
the
chairperson,
or
in
the
chairperson’s
18
absence,
upon
the
call
of
the
vice
chairperson.
A
majority
of
19
the
board
members
shall
constitute
a
quorum.
20
6.
A
notice
of
defect
or
inspection
report
issued
by
the
21
commissioner
director
pursuant
to
this
chapter
may,
within
22
thirty
days
after
the
making
of
the
order,
be
appealed
to
23
the
board.
Board
action
constitutes
final
agency
action
for
24
purposes
of
chapter
17A
.
25
8.
The
board
shall
establish
fees
for
examinations,
26
inspections,
annual
statements,
shop
inspections,
and
other
27
services.
The
fees
shall
reflect
the
actual
costs
and
expenses
28
necessary
to
operate
the
board
and
perform
the
duties
of
the
29
commissioner
director
.
30
Sec.
1808.
Section
89A.1,
subsections
2
and
4,
Code
2023,
31
are
amended
by
striking
the
subsections.
32
Sec.
1809.
Section
89A.1,
Code
2023,
is
amended
by
adding
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the
following
new
subsections:
34
NEW
SUBSECTION
.
4A.
“Department”
means
the
department
of
35
inspections,
appeals,
and
licensing.
1
NEW
SUBSECTION
.
4B.
“Director”
means
the
director
of
the
2
department
of
inspections,
appeals,
and
licensing.
3
Sec.
1810.
Section
89A.1,
subsections
11,
15,
16,
and
19,
4
Code
2023,
are
amended
to
read
as
follows:
5
11.
“Inspector”
means
an
inspector
employed
by
the
division
6
department
for
the
purpose
of
administering
this
chapter
.
7
15.
“New
installation”
means
a
conveyance
the
construction
8
or
relocation
of
which
is
begun,
or
for
which
an
application
9
for
a
new
installation
permit
is
filed,
on
or
after
the
10
effective
date
of
rules
relating
to
those
permits
adopted
by
11
the
commissioner
director
under
authority
of
this
chapter
.
All
12
other
installations
are
existing
installations.
13
16.
“Owner”
means
the
owner
of
a
conveyance,
unless
the
14
conveyance
is
a
new
installation
or
is
undergoing
major
15
alterations,
in
which
case
the
owner
shall
be
considered
the
16
person
responsible
for
the
installation
or
alteration
of
the
17
conveyance
until
the
conveyance
has
passed
final
inspection
by
18
the
division
department
.
19
19.
“Special
inspector”
means
an
inspector
commissioned
20
by
the
labor
commissioner
director
,
and
not
employed
by
the
21
division
department
.
22
Sec.
1811.
Section
89A.3,
subsections
6
and
8,
Code
2023,
23
are
amended
to
read
as
follows:
24
6.
The
commissioner
director
shall
furnish
copies
of
25
the
rules
adopted
pursuant
to
this
chapter
to
any
person
who
26
requests
them,
without
charge,
or
upon
payment
of
a
charge
not
27
to
exceed
the
actual
cost
of
printing
of
the
rules.
28
8.
The
commissioner
director
may
adopt
rules
pursuant
to
29
chapter
17A
relating
to
the
denial,
issuance,
revocation,
and
30
suspension
of
special
inspector
commissions.
31
Sec.
1812.
Section
89A.4,
Code
2023,
is
amended
to
read
as
32
follows:
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89A.4
Commissioner’s
Director’s
duties
and
personnel.
34
The
commissioner
director
shall
enforce
the
provisions
of
35
this
chapter
.
The
commissioner
director
shall
employ
personnel
1
for
the
administration
of
this
chapter
pursuant
to
chapter
8A,
2
subchapter
IV
.
3
Sec.
1813.
Section
89A.5,
Code
2023,
is
amended
to
read
as
4
follows:
5
89A.5
Registration
of
conveyances.
6
The
owner
of
every
existing
conveyance,
whether
or
not
7
dormant,
shall
register
the
conveyance
with
the
commissioner
8
director
,
giving
type,
contract
load
and
speed,
name
of
9
manufacturer,
its
location,
and
the
purpose
for
which
it
is
10
used,
and
other
information
the
commissioner
director
may
11
require.
Registration
shall
be
made
in
a
format
required
by
12
the
division
department
.
13
Sec.
1814.
Section
89A.6,
subsections
2,
4,
and
5,
Code
14
2023,
are
amended
to
read
as
follows:
15
2.
Every
existing
conveyance
registered
with
the
16
commissioner
director
shall
be
inspected
within
one
year
17
after
the
effective
date
of
the
registration,
except
that
the
18
safety
board
may
extend
by
rule
the
time
specified
for
making
19
inspections.
20
4.
The
inspections
required
by
subsections
1
through
3
21
shall
be
made
only
by
inspectors
or
special
inspectors.
An
22
inspection
by
a
special
inspector
may
be
accepted
by
the
23
commissioner
director
in
lieu
of
a
required
inspection
by
an
24
inspector.
25
5.
A
report
of
every
inspection
shall
be
filed
with
the
26
commissioner
director
by
the
inspector
or
special
inspector,
27
in
a
format
required
by
the
commissioner
director
,
after
the
28
inspection
has
been
completed
and
within
the
time
provided
29
by
rule,
but
not
to
exceed
thirty
days.
The
report
shall
30
include
all
information
required
by
the
commissioner
director
31
to
determine
whether
the
conveyance
is
in
compliance
with
32
applicable
rules.
For
the
inspection
required
by
subsection
33
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1
,
the
report
shall
indicate
whether
the
conveyance
has
34
been
installed
in
accordance
with
the
detailed
plans
and
35
specifications
approved
by
the
commissioner
director
,
and
1
meets
the
requirements
of
the
applicable
rules.
The
failure
2
of
a
special
inspector
to
inform
the
commissioner
director
3
of
violations
shall
not
subject
the
commissioner
director
to
4
liability
for
any
damages
incurred.
5
Sec.
1815.
Section
89A.7,
Code
2023,
is
amended
to
read
as
6
follows:
7
89A.7
Alteration
permits.
8
The
owner
shall
submit
to
the
commissioner
director
detailed
9
plans,
specifications,
and
other
information
the
commissioner
10
director
may
require
for
each
conveyance
to
be
altered,
11
together
with
an
application
for
an
alteration
permit,
in
12
a
format
required
by
the
commissioner
director
.
Repairs
13
or
replacements
necessary
for
normal
maintenance
are
not
14
alterations,
and
may
be
made
on
existing
installations
with
15
parts
equivalent
in
material,
strength,
and
design
to
those
16
replaced
and
no
plans
or
specifications
or
application
need
be
17
filed
for
the
repairs
or
replacements.
However,
this
section
18
does
not
authorize
the
use
of
any
conveyance
contrary
to
an
19
order
issued
pursuant
to
section
89A.10,
subsections
2
and
3
.
20
Sec.
1816.
Section
89A.8,
Code
2023,
is
amended
to
read
as
21
follows:
22
89A.8
New
installation
permits.
23
1.
The
installation
or
relocation
of
a
conveyance
shall
24
not
begin
until
an
installation
permit
has
been
issued
by
the
25
commissioner
director
.
26
2.
An
application
for
an
installation
permit
shall
be
27
submitted
in
a
format
determined
by
the
commissioner
director
.
28
3.
a.
If
the
application
or
any
accompanying
materials
29
indicates
a
failure
to
comply
with
applicable
rules,
the
30
commissioner
director
shall
give
notice
of
the
compliance
31
failures
to
the
person
filing
the
application.
32
b.
If
the
application
indicates
compliance
with
applicable
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rules
or
after
compliance
failures
have
been
remedied,
the
34
commissioner
director
shall
issue
an
installation
permit
for
35
relocation
or
installation,
as
applicable.
1
Sec.
1817.
Section
89A.9,
subsection
1,
Code
2023,
is
2
amended
to
read
as
follows:
3
1.
Operating
permits
shall
be
issued
by
the
commissioner
4
director
to
the
owner
of
every
conveyance
when
the
inspection
5
report
indicates
compliance
with
the
applicable
provisions
6
of
this
chapter
.
However,
a
permit
shall
not
be
issued
7
if
the
fees
required
by
this
chapter
have
not
been
paid.
8
Permits
shall
be
issued
within
thirty
days
after
filing
of
9
the
inspection
report
required
by
section
89A.6
,
unless
the
10
time
is
extended
for
cause
by
the
division
department
.
A
11
conveyance
shall
not
be
operated
after
the
thirty
days
or
after
12
an
extension
granted
by
the
commissioner
director
has
expired,
13
unless
an
operating
permit
has
been
issued.
14
Sec.
1818.
Section
89A.10,
Code
2023,
is
amended
to
read
as
15
follows:
16
89A.10
Enforcement
orders
by
commissioner
director
——
17
injunction.
18
1.
If
an
inspection
report
indicates
a
failure
to
comply
19
with
applicable
rules,
or
with
the
detailed
plans
and
20
specifications
approved
by
the
commissioner
director
,
the
21
commissioner
director
may,
upon
giving
notice,
order
the
owner
22
of
a
conveyance
to
make
the
changes
necessary
for
compliance.
23
2.
If
the
owner
does
not
make
the
changes
necessary
for
24
compliance
as
required
in
subsection
1
within
the
period
25
specified
by
the
commissioner
director
,
the
commissioner
26
director
,
upon
notice,
may
suspend
or
revoke
the
operating
27
permit,
or
may
refuse
to
issue
the
operating
permit
for
28
the
conveyance.
The
commissioner
director
shall
notify
the
29
owner
of
any
action
to
suspend,
revoke,
or
refuse
to
issue
an
30
operating
permit
and
the
reason
for
the
action
by
service
in
31
the
same
manner
as
an
original
notice
or
by
certified
mail.
An
32
owner
may
appeal
the
commissioner’s
director’s
initial
decision
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to
the
safety
board.
The
decision
of
the
safety
board
shall
be
34
considered
final
agency
action
pursuant
to
chapter
17A
.
35
3.
If
the
commissioner
director
has
reason
to
believe
1
that
the
continued
operation
of
a
conveyance
constitutes
2
an
imminent
danger
which
could
reasonably
be
expected
to
3
seriously
injure
or
cause
death
to
any
person,
in
addition
to
4
any
other
remedies,
the
commissioner
director
may
apply
to
the
5
district
court
in
the
county
in
which
such
imminently
dangerous
6
condition
exists
for
a
temporary
order
for
the
purpose
of
7
enjoining
such
imminently
dangerous
conveyance.
Upon
hearing,
8
if
deemed
appropriate
by
the
court,
a
permanent
injunction
9
may
be
issued
to
ensure
that
such
imminently
dangerous
10
conveyance
be
prevented
or
controlled.
Upon
the
elimination
11
or
rectification
of
such
imminently
dangerous
condition,
the
12
temporary
or
permanent
injunction
shall
be
vacated.
13
Sec.
1819.
Section
89A.12,
Code
2023,
is
amended
to
read
as
14
follows:
15
89A.12
Access
to
conveyances.
16
Every
owner
of
a
conveyance
subject
to
regulation
by
17
this
chapter
shall
grant
access
to
that
conveyance
to
the
18
commissioner
director
and
personnel
of
the
division
department
.
19
Inspections
shall
be
permitted
at
reasonable
times,
with
or
20
without
prior
notice.
21
Sec.
1820.
Section
89A.13,
subsections
1,
2,
and
4,
Code
22
2023,
are
amended
to
read
as
follows:
23
1.
An
elevator
safety
board
is
created
within
the
division
24
of
labor
services
in
the
department
of
workforce
development
25
to
formulate
definitions
and
rules
for
the
safe
and
proper
26
installation,
repair,
maintenance,
alteration,
use,
and
27
operation
of
conveyances
in
this
state.
28
2.
The
safety
board
is
composed
of
nine
members,
one
of
29
whom
shall
be
the
commissioner
director
or
the
commissioner’s
30
director’s
designee.
The
governor
shall
appoint
the
remaining
31
eight
members
of
the
board,
subject
to
senate
confirmation,
to
32
staggered
four-year
terms
which
shall
begin
and
end
as
provided
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in
section
69.19
.
The
members
shall
be
as
follows:
two
34
representatives
from
an
elevator
manufacturing
company
or
35
its
authorized
representative;
two
representatives
from
1
elevator
servicing
companies;
one
building
owner
or
manager;
2
one
representative
employed
by
a
local
government
in
this
3
state
who
is
knowledgeable
about
building
codes
in
this
4
state;
one
representative
of
workers
actively
involved
in
the
5
installation,
maintenance,
and
repair
of
elevators;
and
one
6
licensed
mechanical
engineer.
7
4.
The
members
of
the
safety
board
shall
select
a
8
chairperson,
vice
chairperson,
and
a
secretary
from
their
9
membership.
However,
neither
the
commissioner
director
nor
the
10
commissioner’s
director’s
designee
shall
serve
as
chairperson.
11
The
safety
board
shall
meet
at
least
quarterly
but
may
meet
as
12
often
as
necessary.
Meetings
shall
be
set
by
a
majority
of
the
13
safety
board
or
upon
the
call
of
the
chairperson,
or
in
the
14
chairperson’s
absence,
upon
the
call
of
the
vice
chairperson.
15
A
majority
of
the
safety
board
members
shall
constitute
a
16
quorum.
17
Sec.
1821.
Section
89A.15,
Code
2023,
is
amended
to
read
as
18
follows:
19
89A.15
Inspections
by
local
authorities.
20
A
city
or
other
governmental
subdivision
shall
not
make
or
21
maintain
any
ordinance,
bylaw,
or
resolution
providing
for
the
22
licensing
of
special
inspectors.
An
ordinance
or
resolution
23
relating
to
the
inspection,
construction,
installation,
24
alteration,
maintenance,
or
operation
of
conveyances
within
25
the
limits
of
the
city
or
governmental
subdivision
which
26
conflicts
with
this
chapter
or
with
rules
adopted
pursuant
27
to
this
chapter
is
void.
The
commissioner
director
,
in
the
28
commissioner’s
director’s
discretion,
may
accept
inspections
by
29
local
authorities
in
lieu
of
inspections
required
by
section
30
89A.6
,
but
only
upon
a
showing
by
the
local
authority
that
31
applicable
laws
and
rules
will
be
consistently
and
literally
32
enforced
and
that
inspections
will
be
performed
by
special
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inspectors.
34
Sec.
1822.
Section
89A.16,
Code
2023,
is
amended
to
read
as
35
follows:
1
89A.16
Prosecution
of
offenses.
2
The
division
department
shall
cause
prosecution
for
the
3
violation
of
the
provisions
of
this
chapter
to
be
instituted
4
by
the
attorney
general
in
the
county
in
which
the
violation
5
occurred.
6
Sec.
1823.
Section
89A.18,
Code
2023,
is
amended
to
read
as
7
follows:
8
89A.18
Civil
penalty.
9
If
upon
notice
and
hearing
the
commissioner
director
10
determines
that
an
owner
has
operated
a
conveyance
after
an
11
order
of
the
commissioner
director
that
suspends,
revokes,
12
or
refuses
to
issue
an
operating
permit
for
the
conveyance
13
has
become
final
under
section
89A.10,
subsection
2
,
the
14
commissioner
director
may
assess
a
civil
penalty
against
the
15
owner
in
an
amount
not
exceeding
five
hundred
dollars,
as
16
determined
by
the
commissioner
director
.
An
order
assessing
17
a
civil
penalty
is
subject
to
appeal
under
section
89A.10,
18
subsection
2
,
in
the
same
manner
and
to
the
same
extent
as
19
decisions
referred
to
in
that
subsection.
The
commissioner
20
director
may
commence
an
action
in
the
district
court
to
21
enforce
payment
of
the
civil
penalty.
A
record
of
assessment
22
against
or
payment
of
a
civil
penalty
by
any
person
for
a
23
violation
of
this
section
shall
not
be
admissible
as
evidence
24
in
any
court
in
any
civil
action.
Revenue
from
the
penalty
25
provided
in
this
section
shall
be
remitted
to
the
treasurer
of
26
state
for
deposit
in
the
state
general
fund.
27
Sec.
1824.
Section
89A.19,
Code
2023,
is
amended
to
read
as
28
follows:
29
89A.19
Elevator
safety
fund
——
fees
appropriated.
30
A
revolving
elevator
safety
fund
is
created
in
the
state
31
treasury
under
the
control
of
the
commissioner
director
and
32
shall
consist
of
moneys
collected
by
the
commissioner
director
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as
fees.
Moneys
in
the
fund
are
appropriated
to
and
shall
34
be
used
by
the
commissioner
director
to
pay
the
actual
costs
35
and
expenses
necessary
to
operate
the
safety
board
and
perform
1
the
duties
of
the
commissioner
director
as
described
in
this
2
chapter
.
All
fees
collected
by
the
commissioner
director
3
pursuant
to
this
chapter
shall
be
remitted
to
the
treasurer
4
of
state
to
be
deposited
in
the
elevator
safety
fund.
All
5
salaries
and
expenses
properly
chargeable
to
the
fund
shall
be
6
paid
from
the
fund.
Section
8.33
does
not
apply
to
any
moneys
7
in
the
fund.
Notwithstanding
section
12C.7,
subsection
2
,
8
interest
or
earnings
on
moneys
deposited
in
the
fund
shall
be
9
credited
to
the
fund.
10
Sec.
1825.
Section
89B.3,
Code
2023,
is
amended
by
adding
11
the
following
new
subsection:
12
NEW
SUBSECTION
.
01.
“Commissioner”
means
the
labor
13
commissioner
appointed
pursuant
to
section
10A.203,
or
the
14
labor
commissioner’s
designee.
15
Sec.
1826.
Section
89B.3,
subsection
1,
Code
2023,
is
16
amended
to
read
as
follows:
17
1.
“Division”
means
the
division
of
labor
services
of
the
18
department
of
workforce
development
created
under
section
84A.1
19
inspections,
appeals,
and
licensing
.
20
Sec.
1827.
Section
90A.1,
subsection
2,
Code
2023,
is
21
amended
to
read
as
follows:
22
2.
“Commissioner”
means
the
state
commissioner
of
athletics,
23
who
is
also
the
labor
commissioner
appointed
pursuant
to
24
section
91.2
,
director
of
the
department
of
inspections,
25
appeals,
and
licensing
or
the
labor
commissioner’s
director’s
26
designee.
27
Sec.
1828.
Section
91A.2,
subsection
1,
Code
2023,
is
28
amended
by
striking
the
subsection.
29
Sec.
1829.
Section
91A.2,
Code
2023,
is
amended
by
adding
30
the
following
new
subsection:
31
NEW
SUBSECTION
.
2A.
“Director”
means
the
director
of
the
32
department
of
inspections,
appeals,
and
licensing.
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Sec.
1830.
Section
91A.6,
subsection
1,
unnumbered
34
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
35
An
employer
shall
after
being
notified
by
the
commissioner
1
director
pursuant
to
subsection
2
:
2
Sec.
1831.
Section
91A.6,
subsection
2,
Code
2023,
is
3
amended
to
read
as
follows:
4
2.
The
commissioner
director
shall
notify
an
employer
to
5
comply
with
subsection
1
if
the
employer
has
paid
a
claim
6
for
unpaid
wages
or
nonreimbursed
authorized
expenses
and
7
liquidated
damages
under
section
91A.10
or
if
the
employer
8
has
been
assessed
a
civil
money
penalty
under
section
91A.12
.
9
However,
a
court
may,
when
rendering
a
judgment
for
wages
or
10
nonreimbursed
authorized
expenses
and
liquidated
damages
or
11
upholding
a
civil
money
penalty
assessment,
order
that
an
12
employer
shall
not
be
required
to
comply
with
the
provisions
of
13
subsection
1
or
that
an
employer
shall
be
required
to
comply
14
with
the
provisions
of
subsection
1
for
a
particular
period
of
15
time.
16
Sec.
1832.
Section
91A.9,
Code
2023,
is
amended
to
read
as
17
follows:
18
91A.9
General
powers
and
duties
of
the
commissioner
director
.
19
1.
The
commissioner
director
shall
administer
and
enforce
20
the
provisions
of
this
chapter
.
The
commissioner
director
may
21
hold
hearings
and
investigate
charges
of
violations
of
this
22
chapter
.
23
2.
The
commissioner
director
may,
consistent
with
due
24
process
of
law,
enter
any
place
of
employment
to
inspect
25
records
concerning
wages
and
payrolls,
to
question
the
employer
26
and
employees,
and
to
investigate
such
facts,
conditions,
or
27
matters
as
are
deemed
appropriate
in
determining
whether
any
28
person
has
violated
the
provisions
of
this
chapter
.
However,
29
such
entry
by
the
commissioner
director
shall
only
be
in
30
response
to
a
written
complaint.
31
3.
The
commissioner
director
may
employ
such
qualified
32
personnel
as
are
necessary
for
the
enforcement
of
this
chapter
.
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Such
personnel
shall
be
employed
pursuant
to
chapter
8A,
34
subchapter
IV
.
35
4.
The
commissioner
director
shall,
in
consultation
with
1
the
United
States
department
of
labor,
develop
a
database
of
2
the
employers
in
this
state
utilizing
special
certificates
3
issued
by
the
United
States
secretary
of
labor
as
authorized
4
under
29
U.S.C.
§214,
and
shall
maintain
the
database.
5
5.
The
commissioner
director
shall
promulgate,
pursuant
to
6
chapter
17A
,
any
rules
necessary
to
carry
out
the
provisions
of
7
this
chapter
.
8
Sec.
1833.
Section
91A.10,
Code
2023,
is
amended
to
read
as
9
follows:
10
91A.10
Settlement
of
claims
and
suits
for
wages
——
11
prohibition
against
discharge
of
employee.
12
1.
Upon
the
written
complaint
of
the
employee
involved,
13
the
commissioner
director
may
determine
whether
wages
have
14
not
been
paid
and
may
constitute
an
enforceable
claim.
If
15
for
any
reason
the
commissioner
director
decides
not
to
make
16
such
determination,
the
commissioner
director
shall
so
notify
17
the
complaining
employee
within
fourteen
days
of
receipt
of
18
the
complaint.
The
commissioner
director
shall
otherwise
19
notify
the
employee
of
such
determination
within
a
reasonable
20
time
and
if
it
is
determined
that
there
is
an
enforceable
21
claim,
the
commissioner
director
shall,
with
the
consent
of
22
the
complaining
employee,
take
an
assignment
in
trust
for
the
23
wages
and
for
any
claim
for
liquidated
damages
without
being
24
bound
by
any
of
the
technical
rules
respecting
the
validity
of
25
the
assignment.
However,
the
commissioner
director
shall
not
26
accept
any
complaint
for
unpaid
wages
and
liquidated
damages
27
after
one
year
from
the
date
the
wages
became
due
and
payable.
28
2.
The
commissioner
director
,
with
the
assistance
of
the
29
office
of
the
attorney
general
if
the
commissioner
director
30
requests
such
assistance,
shall,
unless
a
settlement
is
31
reached
under
this
subsection
,
commence
a
civil
action
in
any
32
court
of
competent
jurisdiction
to
recover
for
the
benefit
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of
any
employee
any
wage,
expenses,
and
liquidated
damages’
34
claims
that
have
been
assigned
to
the
commissioner
director
35
for
recovery.
The
commissioner
director
may
also
request
1
reasonable
and
necessary
attorney
fees.
With
the
consent
2
of
the
assigning
employee,
the
commissioner
director
may
3
also
settle
a
claim
on
behalf
of
the
assigning
employee.
4
Proceedings
under
this
subsection
and
subsection
1
that
precede
5
commencement
of
a
civil
action
shall
be
conducted
informally
6
without
any
party
having
a
right
to
be
heard
before
the
7
commissioner
director
.
The
commissioner
director
may
join
8
various
assignments
in
one
claim
for
the
purpose
of
settling
or
9
litigating
their
claims.
10
3.
The
provisions
of
subsections
1
and
2
shall
not
be
11
construed
to
prevent
an
employee
from
settling
or
bringing
an
12
action
for
damages
under
section
91A.8
if
the
employee
has
not
13
assigned
the
claim
under
subsection
1
.
14
4.
Any
recovery
of
attorney
fees,
in
the
case
of
actions
15
brought
under
this
section
by
the
commissioner
director
,
shall
16
be
remitted
by
the
commissioner
director
to
the
treasurer
of
17
state
for
deposit
in
the
general
fund
of
the
state.
Also,
the
18
commissioner
director
shall
not
be
required
to
pay
any
filing
19
fee
or
other
court
costs.
20
5.
An
employer
shall
not
discharge
or
in
any
other
manner
21
discriminate
against
any
employee
because
the
employee
has
22
filed
a
complaint,
assigned
a
claim,
or
brought
an
action
23
under
this
section
or
has
cooperated
in
bringing
any
action
24
against
an
employer.
Any
employee
may
file
a
complaint
with
25
the
commissioner
director
alleging
discharge
or
discrimination
26
within
thirty
days
after
such
violation
occurs.
Upon
receipt
27
of
the
complaint,
the
commissioner
director
shall
cause
an
28
investigation
to
be
made
to
the
extent
deemed
appropriate.
If
29
the
commissioner
director
determines
from
the
investigation
30
that
the
provisions
of
this
subsection
have
been
violated,
the
31
commissioner
director
shall
bring
an
action
in
the
appropriate
32
district
court
against
such
person.
The
district
court
shall
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have
jurisdiction,
for
cause
shown,
to
restrain
violations
of
34
this
subsection
and
order
all
appropriate
relief
including
35
rehiring
or
reinstatement
of
the
employee
to
the
former
1
position
with
back
pay.
2
Sec.
1834.
Section
91A.11,
Code
2023,
is
amended
to
read
as
3
follows:
4
91A.11
Wage
claims
brought
under
reciprocity.
5
1.
The
commissioner
director
may
enter
into
reciprocal
6
agreements
with
the
labor
department
or
corresponding
agency
7
of
any
other
state
or
its
representatives
for
the
collection
8
in
such
other
states
of
claims
or
judgments
for
wages
and
9
other
demands
based
upon
claims
assigned
to
the
commissioner
10
director
.
11
2.
The
commissioner
director
may,
to
the
extent
provided
12
for
by
any
reciprocal
agreement
entered
into
by
law
or
with
an
13
agency
of
another
state
as
provided
in
this
section
,
maintain
14
actions
in
the
courts
of
such
other
state
to
the
extent
15
permitted
by
the
laws
of
that
state
for
the
collection
of
16
claims
for
wages,
judgments
and
other
demands
and
may
assign
17
such
claims,
judgments
and
demands
to
the
labor
department
or
18
agency
of
such
other
state
for
collection
to
the
extent
that
19
such
an
assignment
may
be
permitted
or
provided
for
by
the
laws
20
of
such
state
or
by
reciprocal
agreement.
21
3.
The
commissioner
director
may,
upon
the
written
consent
22
of
the
labor
department
or
other
corresponding
agency
of
any
23
other
state
or
its
representatives,
maintain
actions
in
the
24
courts
of
this
state
upon
assigned
claims
for
wages,
judgments
25
and
demands
arising
in
such
other
state
in
the
same
manner
26
and
to
the
same
extent
that
such
actions
by
the
commissioner
27
director
are
authorized
when
arising
in
this
state.
However,
28
such
actions
may
be
maintained
only
in
cases
in
which
such
29
other
state
by
law
or
reciprocal
agreement
extends
a
like
30
comity
to
cases
arising
in
this
state.
31
Sec.
1835.
Section
91A.12,
Code
2023,
is
amended
to
read
as
32
follows:
33
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91A.12
Civil
penalties.
34
1.
Any
employer
who
violates
the
provisions
of
this
chapter
35
or
the
rules
promulgated
under
it
shall
be
subject
to
a
civil
1
money
penalty
of
not
more
than
five
hundred
dollars
per
pay
2
period
for
each
violation.
The
commissioner
director
may
3
recover
such
civil
money
penalty
according
to
the
provisions
4
of
subsections
2
through
5
.
Any
civil
money
penalty
recovered
5
shall
be
deposited
in
the
general
fund
of
the
state.
6
2.
The
commissioner
director
may
propose
that
an
employer
7
be
assessed
a
civil
money
penalty
by
serving
the
employer
with
8
notice
of
such
proposal
in
the
same
manner
as
an
original
9
notice
is
served
under
the
rules
of
civil
procedure.
Upon
10
service
of
such
notice,
the
proposed
assessment
shall
be
11
treated
as
a
contested
case
under
chapter
17A
.
However,
an
12
employer
must
request
a
hearing
within
thirty
days
of
being
13
served.
14
3.
If
an
employer
does
not
request
a
hearing
pursuant
15
to
subsection
2
or
if
the
commissioner
director
determines,
16
after
an
appropriate
hearing,
that
an
employer
is
in
violation
17
of
this
chapter
,
the
commissioner
director
shall
assess
a
18
civil
money
penalty
which
is
consistent
with
the
provisions
19
of
subsection
1
and
which
is
rendered
with
due
consideration
20
for
the
penalty
amount
in
terms
of
the
size
of
the
employer’s
21
business,
the
gravity
of
the
violation,
the
good
faith
of
the
22
employer,
and
the
history
of
previous
violations.
23
4.
An
employer
may
seek
judicial
review
of
any
assessment
24
rendered
under
subsection
3
by
instituting
proceedings
for
25
judicial
review
pursuant
to
chapter
17A
.
However,
such
26
proceedings
must
be
instituted
in
the
district
court
of
the
27
county
in
which
the
violation
or
one
of
the
violations
occurred
28
and
within
thirty
days
of
the
day
on
which
the
employer
was
29
notified
that
an
assessment
has
been
rendered.
Also,
an
30
employer
may
be
required,
at
the
discretion
of
the
district
31
court
and
upon
instituting
such
proceedings,
to
deposit
the
32
amount
assessed
with
the
clerk
of
the
district
court.
Any
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moneys
so
deposited
shall
either
be
returned
to
the
employer
34
or
be
forwarded
to
the
commissioner
director
for
deposit
in
35
the
general
fund
of
the
state,
depending
on
the
outcome
of
the
1
judicial
review,
including
any
appeal
to
the
supreme
court.
2
5.
After
the
time
for
seeking
judicial
review
has
expired
3
or
after
all
judicial
review
has
been
exhausted
and
the
4
commissioner’s
director’s
assessment
has
been
upheld,
the
5
commissioner
director
shall
request
the
attorney
general
to
6
recover
the
assessed
penalties
in
a
civil
action.
7
Sec.
1836.
Section
91A.15,
subsection
2,
paragraph
b,
Code
8
2023,
is
amended
to
read
as
follows:
9
b.
The
franchisor
has
been
found
by
the
commissioner
10
director
to
have
exercised
a
type
or
degree
of
control
over
11
the
franchisee
or
the
franchisee’s
employees
that
is
not
12
customarily
exercised
by
a
franchisor
for
the
purpose
of
13
protecting
the
franchisor’s
trademarks
and
brand.
14
Sec.
1837.
Section
91C.1,
Code
2023,
is
amended
to
read
as
15
follows:
16
91C.1
Definition
——
exemption
——
combined
registration
and
17
licensing
process
for
plumbers
and
mechanical
professionals.
18
1.
As
used
in
this
chapter
,
unless
the
context
otherwise
19
requires
,
“contractor”
:
20
a.
“Contractor”
means
a
person
who
engages
in
the
business
21
of
construction,
as
the
term
“construction”
is
defined
in
the
22
Iowa
administrative
code
for
purposes
of
chapter
96,
the
Iowa
23
employment
security
law.
However,
a
person
who
earns
less
than
24
two
thousand
dollars
annually
or
who
performs
work
or
has
work
25
performed
on
the
person’s
own
property
is
not
a
contractor
for
26
purposes
of
this
chapter
.
27
b.
“Department”
means
the
department
of
inspections,
28
appeals,
and
licensing.
29
c.
“Director”
means
the
director
of
the
department
of
30
inspections,
appeals,
and
licensing.
31
2.
The
state,
its
boards,
commissions,
agencies,
32
departments,
and
its
political
subdivisions
including
school
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districts
and
other
special
purpose
districts,
are
not
34
contractors
for
purposes
of
this
chapter
.
35
2.
3.
If
a
contractor’s
registration
application
shows
1
that
the
contractor
is
self-employed,
does
not
pay
more
than
2
two
thousand
dollars
annually
to
employ
other
persons
in
the
3
business,
and
does
not
work
with
or
for
other
contractors
in
4
the
same
phases
of
construction,
the
contractor
is
exempt
from
5
the
fee
requirements
under
this
chapter
.
6
3.
4.
a.
The
labor
services
division
of
the
department
of
7
workforce
development
and
the
Iowa
department
of
public
health
8
will
work
with
stakeholders
to
develop
a
plan
to
combine
the
9
contractor
registration
and
contractor
licensing
application
10
process
for
contractors
licensed
under
chapter
105
,
to
be
11
implemented
in
time
for
licensing
renewals
due
July
1,
2017.
12
Effective
July
1,
2017,
a
A
contractor
licensed
under
chapter
13
105
shall
register
as
a
contractor
under
this
chapter
in
14
conjunction
with
the
contractor
licensing
process
established
15
by
the
department
.
At
no
cost
to
the
labor
services
division,
16
the
The
department
of
public
health
shall
collect
both
the
17
registration
and
licensing
applications
as
part
of
one
combined
18
application.
The
labor
commissioner
director
shall
design
19
the
contractor
registration
application
form
to
exclude
20
from
the
division
of
labor
services’
department’s
contractor
21
registration
application
process
those
contractors
who
are
also
22
covered
by
chapter
103
or
105
.
The
labor
commissioner
director
23
is
authorized
to
adopt
rules
as
needed
to
accomplish
a
merger
24
of
the
application
systems
including
transitional
registration
25
periods
and
fees.
26
b.
Effective
July
1,
2017,
excluding
registrations
by
27
contractors
that
are
exempt
from
the
registration
fee
pursuant
28
to
this
section
,
the
department
of
public
health
shall
collect
29
and
transfer
to
the
labor
services
division
a
portion
of
each
30
contractor
license
fee
equal
to
three
times
the
contractor
31
registration
fee
for
each
three-year
license
or
a
prorated
32
portion
thereof
using
a
one-sixth
deduction
for
each
six-month
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period
of
the
renewal
cycle.
34
Sec.
1838.
Section
91C.2,
Code
2023,
is
amended
to
read
as
35
follows:
1
91C.2
Registration
required
——
conditions.
2
A
contractor
doing
business
in
this
state
shall
register
3
with
the
labor
commissioner
director
and
shall
meet
all
of
the
4
following
requirements
as
a
condition
of
registration:
5
1.
The
contractor
shall
be
in
compliance
with
the
laws
of
6
this
state
relating
to
workers’
compensation
insurance
and
7
shall
provide
evidence
of
workers’
compensation
insurance
8
coverage
annually,
of
relief
from
the
insurance
requirement
9
pursuant
to
section
87.11
,
or
a
statement
that
the
contractor
10
is
not
required
to
carry
workers’
compensation
coverage.
11
Notice
of
a
policy’s
cancellation
shall
be
provided
to
the
12
labor
commissioner
director
by
the
insurance
company.
13
2.
The
contractor
shall
possess
an
employer
account
number
14
or
a
special
contractor
number
issued
by
the
department
15
of
workforce
development
pursuant
to
chapter
96,
the
Iowa
16
employment
security
law.
17
3.
An
out-of-state
contractor
shall
either
file
a
surety
18
bond,
as
provided
in
section
91C.7
,
with
the
division
of
labor
19
services
department
in
the
amount
of
twenty-five
thousand
20
dollars
or
shall
provide
a
statement
to
the
division
of
labor
21
services
department
that
the
contractor
is
prequalified
to
bid
22
on
projects
for
the
department
of
transportation
pursuant
to
23
section
314.1
.
24
Sec.
1839.
Section
91C.3,
subsection
1,
unnumbered
25
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
26
The
registration
application
shall
be
in
the
form
prescribed
27
by
the
labor
commissioner
director
,
shall
be
accompanied
by
28
the
registration
fee
prescribed
pursuant
to
section
91C.4
,
and
29
shall
contain
information
which
is
substantially
complete
and
30
accurate.
In
addition
to
the
information
determined
by
the
31
labor
commissioner
director
to
be
necessary
for
purposes
of
32
section
91C.2
,
the
application
shall
include
information
as
to
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each
of
the
following:
34
Sec.
1840.
Section
91C.3,
subsection
2,
Code
2023,
is
35
amended
to
read
as
follows:
1
2.
Any
change
in
the
information
provided
shall
be
reported
2
promptly
to
the
labor
commissioner
director
.
3
Sec.
1841.
Section
91C.4,
Code
2023,
is
amended
to
read
as
4
follows:
5
91C.4
Fees.
6
The
labor
commissioner
director
shall
prescribe
the
fee
for
7
registration,
which
fee
shall
not
exceed
fifty
dollars
every
8
year.
9
Sec.
1842.
Section
91C.5,
Code
2023,
is
amended
to
read
as
10
follows:
11
91C.5
Public
registration
number
——
records
——
revocation.
12
1.
The
labor
commissioner
director
shall
issue
to
each
13
registered
contractor
an
identifying
public
registration
14
number
and
shall
compile
records
showing
the
names
and
public
15
registration
numbers
of
all
contractors
registered
in
the
16
state.
These
records
and
the
complete
registration
information
17
provided
by
each
contractor
are
public
records
and
the
labor
18
commissioner
director
shall
take
steps
as
necessary
to
19
facilitate
access
to
the
information
by
governmental
agencies
20
and
the
general
public.
21
2.
The
labor
commissioner
director
shall
revoke
a
22
registration
number
when
the
contractor
fails
to
maintain
23
compliance
with
the
conditions
necessary
to
obtain
a
24
registration.
The
labor
commissioner
director
shall
provide
25
a
fact-finding
interview
to
assure
that
the
contractor
is
not
26
in
compliance
before
revoking
any
registration.
Hearings
on
27
revocation
of
registrations
shall
be
held
in
accordance
with
28
section
91C.8
.
29
Sec.
1843.
Section
91C.6,
Code
2023,
is
amended
to
read
as
30
follows:
31
91C.6
Rules.
32
The
labor
commissioner
director
shall
adopt
rules,
pursuant
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to
chapter
17A
,
determined
to
be
reasonably
necessary
for
34
phasing
in,
administering,
and
enforcing
the
system
of
35
contractor
registration
established
by
this
chapter
.
1
Sec.
1844.
Section
91C.7,
Code
2023,
is
amended
to
read
as
2
follows:
3
91C.7
Contracts
——
contractor’s
bond.
4
1.
A
contractor
who
is
not
registered
with
the
labor
5
commissioner
director
as
required
by
this
chapter
shall
not
be
6
awarded
a
contract
to
perform
work
for
the
state
or
an
agency
7
of
the
state.
8
2.
A
surety
bond
filed
pursuant
to
section
91C.2
shall
9
be
executed
by
a
surety
company
authorized
to
do
business
in
10
this
state,
and
the
bond
shall
be
continuous
in
nature
until
11
canceled
by
the
surety
with
not
less
than
thirty
days’
written
12
notice
to
the
contractor
and
to
the
division
of
labor
services
13
of
the
department
of
workforce
development
indicating
the
14
surety’s
desire
to
cancel
the
bond.
The
surety
company
shall
15
not
be
liable
under
the
bond
for
any
contract
commenced
after
16
the
cancellation
of
the
bond.
The
division
of
labor
services
17
of
the
department
of
workforce
development
may
increase
the
18
bond
amount
after
a
hearing.
19
3.
Release
of
the
bond
shall
be
conditioned
upon
the
20
payment
of
all
taxes,
including
contributions
due
under
21
the
unemployment
compensation
insurance
system,
penalties,
22
interest,
and
related
fees,
which
may
accrue
to
the
state
23
of
Iowa.
If
at
any
time
during
the
term
of
the
bond,
24
the
department
of
revenue
or
the
department
of
workforce
25
development
determines
that
the
amount
of
the
bond
is
not
26
sufficient
to
cover
the
tax
liabilities
accruing
to
the
state
27
of
Iowa,
the
labor
commissioner
director
shall
require
the
bond
28
to
be
increased
by
an
amount
the
labor
commissioner
director
29
deems
sufficient
to
cover
the
tax
liabilities
accrued
and
30
accruing.
31
4.
The
department
of
revenue
and
the
department
of
workforce
32
development
shall
adopt
rules
for
the
collection
of
the
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forfeiture.
Notice
shall
be
provided
to
the
surety
and
to
34
the
contractor.
Notice
to
the
contractor
shall
be
mailed
to
35
the
contractor’s
last
known
address
and
to
the
contractor’s
1
registered
agent
for
service
of
process,
if
any,
within
the
2
state.
The
contractor
or
surety
shall
have
the
opportunity
to
3
apply
to
the
director
of
revenue
for
a
hearing
within
thirty
4
days
after
the
giving
of
such
notice.
Upon
the
failure
to
5
timely
request
a
hearing,
the
bond
shall
be
forfeited.
If,
6
after
the
hearing
upon
timely
request,
the
department
of
7
revenue
or
the
department
of
workforce
development
finds
8
that
the
contractor
has
failed
to
pay
the
total
of
all
taxes
9
payable,
the
department
of
revenue
or
the
department
of
10
workforce
development
shall
order
the
bond
forfeited.
The
11
amount
of
the
forfeiture
shall
be
the
amount
of
taxes
payable
12
or
the
amount
of
the
bond,
whichever
is
less.
For
purposes
of
13
this
section
“taxes
payable”
means
all
tax,
penalties,
interest,
14
and
fees
that
the
department
of
revenue
has
previously
15
determined
to
be
due
to
the
state
by
assessment
or
in
an
appeal
16
of
an
assessment,
including
contributions
to
the
unemployment
17
compensation
insurance
system.
18
5.
If
it
is
determined
that
this
section
may
cause
denial
19
of
federal
funds
which
would
otherwise
be
available,
or
is
20
otherwise
inconsistent
with
requirements
of
federal
law,
this
21
section
shall
be
suspended,
but
only
to
the
extent
necessary
to
22
prevent
denial
of
the
funds
or
to
eliminate
the
inconsistency
23
with
federal
requirements.
24
6.
The
bond
required
by
this
section
may
be
attached
by
the
25
commissioner
director
for
collection
of
fees
and
penalties
due
26
to
the
division.
27
Sec.
1845.
Section
91C.8,
Code
2023,
is
amended
to
read
as
28
follows:
29
91C.8
Investigations
——
enforcement
——
administrative
30
penalties.
31
1.
The
labor
commissioner
director
and
inspectors
of
the
32
division
of
labor
services
of
the
department
of
workforce
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development
have
jurisdiction
for
investigation
and
enforcement
34
in
cases
where
contractors
may
be
in
violation
of
the
35
requirements
of
this
chapter
or
rules
adopted
pursuant
to
this
1
chapter
.
2
2.
If,
upon
investigation,
the
labor
commissioner
director
3
or
the
commissioner’s
director’s
authorized
representative
4
believes
that
a
contractor
has
violated
any
of
the
following,
5
the
commissioner
director
shall
with
reasonable
promptness
6
issue
a
citation
to
the
contractor:
7
a.
The
requirement
that
a
contractor
be
registered.
8
b.
The
requirement
that
the
contractor’s
registration
9
information
be
substantially
complete
and
accurate.
10
c.
The
requirement
that
an
out-of-state
contractor
file
a
11
bond
with
the
division
of
labor
services
department
.
12
3.
Each
citation
shall
be
in
writing
and
shall
describe
13
with
particularity
the
nature
of
the
violation,
including
a
14
reference
to
the
provision
of
the
statute
alleged
to
have
been
15
violated.
16
4.
If
a
citation
is
issued,
the
commissioner
director
shall,
17
within
seven
days,
notify
the
contractor
by
service
in
the
18
same
manner
as
an
original
notice
or
by
certified
mail
of
the
19
administrative
penalty,
if
any,
proposed
to
be
assessed
and
20
that
the
contractor
has
fifteen
working
days
within
which
to
21
notify
the
commissioner
director
that
the
contractor
wishes
to
22
contest
the
citation
or
proposed
assessment
of
penalty.
23
5.
The
administrative
penalties
which
may
be
imposed
under
24
this
section
shall
be
not
more
than
five
hundred
dollars
25
in
the
case
of
a
first
violation
and
not
more
than
five
26
thousand
dollars
for
each
violation
in
the
case
of
a
second
or
27
subsequent
violation.
All
administrative
penalties
collected
28
pursuant
to
this
chapter
shall
be
deposited
in
the
general
fund
29
of
the
state.
30
6.
If,
within
fifteen
working
days
from
the
receipt
of
31
the
notice,
the
contractor
fails
to
notify
the
commissioner
32
director
that
the
contractor
intends
to
contest
the
citation
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or
proposed
assessment
of
penalty,
the
citation
and
the
34
assessment,
as
proposed,
shall
be
deemed
a
final
order
of
the
35
employment
appeal
board
and
not
subject
to
review
by
any
court
1
or
agency.
2
7.
If
the
contractor
notifies
the
commissioner
director
3
that
the
contractor
intends
to
contest
the
citation
or
proposed
4
assessment
of
penalty,
the
commissioner
director
shall
5
immediately
advise
the
employment
appeal
board
established
by
6
section
10A.601
.
The
employment
appeal
board
shall
review
the
7
action
of
the
commissioner
director
and
shall
thereafter
issue
8
an
order,
based
on
findings
of
fact,
affirming,
modifying,
or
9
vacating
the
commissioner’s
director’s
citation
or
proposed
10
penalty
or
directing
other
appropriate
relief,
and
the
order
11
shall
become
final
sixty
days
after
its
issuance.
12
8.
The
labor
commissioner
director
shall
notify
the
13
department
of
revenue
upon
final
agency
action
regarding
14
the
citation
and
assessment
of
penalty
against
a
registered
15
contractor.
16
9.
Judicial
review
of
any
order
of
the
employment
appeal
17
board
issued
pursuant
to
this
section
may
be
sought
in
18
accordance
with
the
terms
of
chapter
17A
.
If
no
petition
19
for
judicial
review
is
filed
within
sixty
days
after
service
20
of
the
order
of
the
employment
appeal
board,
the
appeal
21
board’s
findings
of
fact
and
order
shall
be
conclusive
in
22
connection
with
any
petition
for
enforcement
which
is
filed
23
by
the
commissioner
director
after
the
expiration
of
the
24
sixty-day
period.
In
any
such
case,
the
clerk
of
court,
unless
25
otherwise
ordered
by
the
court,
shall
forthwith
enter
a
decree
26
enforcing
the
order
and
shall
transmit
a
copy
of
the
decree
to
27
the
employment
appeal
board
and
the
contractor
named
in
the
28
petition.
29
Sec.
1846.
Section
91C.9,
subsection
1,
Code
2023,
is
30
amended
to
read
as
follows:
31
1.
A
contractor
registration
revolving
fund
is
created
in
32
the
state
treasury.
The
revolving
fund
shall
be
administered
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by
the
commissioner
director
and
shall
consist
of
moneys
34
collected
by
the
commissioner
director
as
fees.
The
35
commissioner
director
shall
remit
all
fees
collected
pursuant
1
to
this
chapter
to
the
revolving
fund.
The
moneys
in
the
2
revolving
fund
are
appropriated
to
and
shall
be
used
by
the
3
commissioner
director
to
pay
the
actual
costs
and
expenses
4
necessary
to
perform
the
duties
of
the
commissioner
director
5
and
the
division
of
labor
services
department
as
described
in
6
this
chapter
.
All
salaries
and
expenses
properly
chargeable
to
7
the
revolving
fund
shall
be
paid
from
the
revolving
fund.
8
Sec.
1847.
Section
91D.1,
subsection
1,
paragraph
c,
Code
9
2023,
is
amended
to
read
as
follows:
10
c.
For
purposes
of
determining
whether
an
employee
of
a
11
restaurant,
hotel,
motel,
inn,
or
cabin,
who
customarily
and
12
regularly
receives
more
than
thirty
dollars
a
month
in
tips
13
is
receiving
the
minimum
hourly
wage
rate
prescribed
by
this
14
section
,
the
amount
paid
the
employee
by
the
employer
shall
15
be
deemed
to
be
increased
on
account
of
the
tips
by
an
amount
16
determined
by
the
employer,
not
to
exceed
forty
percent
of
17
the
applicable
minimum
wage.
An
employee
may
file
a
written
18
appeal
with
the
labor
commissioner
director
of
the
department
19
of
inspections,
appeals,
and
licensing
if
the
amount
of
tips
20
received
by
the
employee
is
less
than
the
amount
determined
by
21
the
employer
under
this
subsection
.
22
Sec.
1848.
Section
91D.1,
subsection
3,
paragraph
b,
23
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
24
(2)
The
franchisor
has
been
found
by
the
labor
commissioner
25
director
of
the
department
of
inspections,
appeals,
and
26
licensing
to
have
exercised
a
type
or
degree
of
control
over
27
the
franchisee
or
the
franchisee’s
employees
that
is
not
28
customarily
exercised
by
a
franchisor
for
the
purpose
of
29
protecting
the
franchisor’s
trademarks
and
brand.
30
Sec.
1849.
Section
91D.1,
subsection
5,
Code
2023,
is
31
amended
to
read
as
follows:
32
5.
The
labor
commissioner
director
of
the
department
of
33
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inspections,
appeals,
and
licensing
shall
adopt
rules
to
34
implement
and
administer
this
section
.
35
Sec.
1850.
Section
91E.1,
subsection
1,
Code
2023,
is
1
amended
by
striking
the
subsection
and
inserting
in
lieu
2
thereof
the
following:
3
1.
“Director”
means
the
director
of
the
department
of
4
inspections,
appeals,
and
licensing.
5
Sec.
1851.
Section
91E.2,
subsection
1,
paragraph
b,
Code
6
2023,
is
amended
to
read
as
follows:
7
b.
If
a
Spanish-speaking
interpreter
is
needed,
the
employer
8
shall
select
an
interpreter
from
a
list
of
interpreters
9
developed
by
the
department
of
workforce
development
10
inspections,
appeals,
and
licensing
.
11
Sec.
1852.
Section
91E.5,
Code
2023,
is
amended
to
read
as
12
follows:
13
91E.5
Duties
and
authority
of
the
commissioner
director
.
14
1.
The
commissioner
director
shall
adopt
rules
to
implement
15
and
enforce
this
chapter
and
shall
provide
further
exemptions
16
from
the
provisions
of
this
chapter
where
reasonable.
17
2.
In
order
to
carry
out
the
purposes
of
this
chapter
,
18
the
commissioner
director
or
the
commissioner’s
director’s
19
representative,
upon
presenting
appropriate
credentials
to
the
20
owner,
operator,
or
agent
in
charge,
may:
21
a.
Inspect
employment
records
relating
to
the
total
number
22
of
employees
and
non-English
speaking
employees,
and
the
23
services
provided
to
non-English
speaking
employees.
24
b.
Interview
an
employer,
owner,
operator,
agent,
or
25
employee,
during
working
hours
or
at
other
reasonable
times.
26
Sec.
1853.
Section
92.1,
Code
2023,
is
amended
to
read
as
27
follows:
28
92.1
Street
occupations
——
migratory
labor.
29
1.
No
person
under
ten
years
of
age
shall
be
employed
or
30
permitted
to
work
with
or
without
compensation
at
any
time
31
within
this
state
in
street
occupations
of
peddling,
shoe
32
polishing,
the
distribution
or
sale
of
newspapers,
magazines,
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periodicals
or
circulars,
nor
in
any
other
occupations
in
any
34
street
or
public
place.
The
labor
commissioner
director
shall,
35
when
ordered
by
a
judge
of
the
juvenile
court,
issue
a
work
1
permit
as
provided
in
this
chapter
to
a
person
under
ten
years
2
of
age.
3
2.
No
person
under
twelve
years
of
age
shall
be
employed
4
or
permitted
to
work
with
or
without
compensation
at
any
time
5
within
this
state
in
connection
with
migratory
labor,
except
6
that
the
labor
commissioner
director
may
upon
sufficient
7
showing
by
a
judge
of
the
juvenile
court,
issue
a
work
permit
8
as
provided
in
this
chapter
to
a
person
under
twelve
years
of
9
age.
10
Sec.
1854.
NEW
SECTION
.
92.1B
Definition.
11
For
purposes
of
this
chapter,
“director”
means
the
director
12
of
the
department
of
inspections,
appeals,
and
licensing.
13
Sec.
1855.
Section
92.4,
subsection
1,
Code
2023,
is
amended
14
to
read
as
follows:
15
1.
Those
persons
legally
out
of
school,
if
such
status
16
is
verified
by
the
submission
of
written
proof
to
the
labor
17
commissioner
director
.
18
Sec.
1856.
Section
92.6,
subsection
1,
paragraph
g,
Code
19
2023,
is
amended
to
read
as
follows:
20
g.
Occupations
prohibited
by
rules
adopted
pursuant
to
21
chapter
17A
by
the
labor
commissioner
director
.
22
Sec.
1857.
Section
92.8,
subsection
21,
Code
2023,
is
23
amended
to
read
as
follows:
24
21.
Occupations
prohibited
by
rules
adopted
pursuant
to
25
chapter
17A
by
the
labor
commissioner
director
.
26
Sec.
1858.
Section
92.11,
unnumbered
paragraph
1,
Code
27
2023,
is
amended
to
read
as
follows:
28
A
work
permit,
except
for
migrant
laborers,
shall
be
issued
29
only
by
the
labor
commissioner
director
upon
the
application
of
30
the
parent,
guardian,
or
custodian
of
the
child
desiring
such
31
permit.
The
application
shall
include
the
following:
32
Sec.
1859.
Section
92.12,
subsections
2
and
3,
Code
2023,
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are
amended
to
read
as
follows:
34
2.
Work
permits
for
migrant
workers
shall
be
issued
by
the
35
labor
commissioner
director
upon
application
of
the
parent
or
1
head
of
the
migrant
family.
The
application
shall
include
2
documentation
of
proof
of
age
as
described
in
section
92.11,
3
subsection
2
.
4
3.
One
copy
of
the
permit
issued
shall
be
given
to
the
5
employer
to
be
kept
on
file
for
the
length
of
employment
and
6
upon
termination
of
employment
shall
be
returned
to
the
labor
7
commissioner
director
.
The
blank
forms
for
the
application
8
for
a
work
permit
for
migratory
workers
and
the
work
permit
9
for
migratory
workers
shall
be
formulated
by
the
commissioner
10
director
.
11
Sec.
1860.
Section
92.13,
Code
2023,
is
amended
to
read
as
12
follows:
13
92.13
Optional
refusal
of
permit.
14
The
labor
commissioner
director
may
refuse
to
grant
a
15
permit
if,
in
the
commissioner’s
director’s
judgment,
the
best
16
interests
of
the
minor
would
be
served
by
such
refusal
and
the
17
commissioner
director
shall
keep
a
record
of
such
refusals,
and
18
the
reasons
therefor.
19
Sec.
1861.
Section
92.15,
Code
2023,
is
amended
to
read
as
20
follows:
21
92.15
Application
to
labor
commissioner
director
.
22
An
application
for
a
work
permit
pursuant
to
section
92.11
23
or
section
92.12
shall
be
submitted
to
the
office
of
the
labor
24
commissioner
director
within
three
days
after
the
child
begins
25
work.
26
Sec.
1862.
Section
92.16,
Code
2023,
is
amended
to
read
as
27
follows:
28
92.16
Forms
for
permits
formulated.
29
The
proper
forms
for
the
application
for
a
work
permit,
30
the
work
permit,
the
certificate
of
age,
and
the
physician’s
31
certificate
shall
be
formulated
by
the
labor
commissioner
32
director
.
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Sec.
1863.
Section
92.21,
Code
2023,
is
amended
to
read
as
34
follows:
35
92.21
Rules
and
orders
of
labor
commissioner
director
.
1
1.
The
labor
commissioner
director
may
adopt
rules
pursuant
2
to
chapter
17A
to
more
specifically
define
the
occupations
3
and
equipment
permitted
or
prohibited
in
this
chapter
,
to
4
determine
occupations
for
which
work
permits
are
required,
and
5
to
issue
general
and
special
orders
prohibiting
or
allowing
6
the
employment
of
persons
under
eighteen
years
of
age
in
any
7
place
of
employment
defined
in
this
chapter
as
hazardous
to
the
8
health,
safety,
and
welfare
of
the
persons.
9
2.
The
labor
commissioner
director
shall
adopt
rules
10
pursuant
to
chapter
17A
specifically
defining
the
civil
penalty
11
amount
to
be
assessed
for
violations
of
this
chapter
.
12
Sec.
1864.
Section
92.22,
Code
2023,
is
amended
to
read
as
13
follows:
14
92.22
Labor
commissioner
Director
to
enforce
——
civil
penalty
15
——
judicial
review.
16
1.
The
labor
commissioner
director
shall
enforce
this
17
chapter
.
An
employer
who
violates
this
chapter
or
the
rules
18
adopted
pursuant
to
this
chapter
is
subject
to
a
civil
penalty
19
of
not
more
than
ten
thousand
dollars
for
each
violation.
20
2.
The
commissioner
director
shall
notify
the
employer
21
of
a
proposed
civil
penalty
by
service
in
the
same
manner
as
22
an
original
notice
or
by
certified
mail.
If,
within
fifteen
23
working
days
from
the
receipt
of
the
notice,
the
employer
fails
24
to
file
a
notice
of
contest
in
accordance
with
rules
adopted
by
25
the
commissioner
director
pursuant
to
chapter
17A
,
the
penalty,
26
as
proposed,
shall
be
deemed
final
agency
action
for
purposes
27
of
judicial
review.
28
3.
The
commissioner
director
shall
notify
the
department
of
29
revenue
upon
final
agency
action
regarding
the
assessment
of
a
30
penalty
against
an
employer.
Interest
shall
be
calculated
from
31
the
date
of
final
agency
action.
32
4.
Judicial
review
of
final
agency
action
pursuant
to
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this
section
may
be
sought
in
accordance
with
the
terms
of
34
section
17A.19
.
If
no
petition
for
judicial
review
is
filed
35
within
sixty
days
after
service
of
the
final
agency
action
1
of
the
commissioner
director
,
the
commissioner’s
director’s
2
findings
of
fact
and
final
agency
action
shall
be
conclusive
in
3
connection
with
any
petition
for
enforcement
which
is
filed
by
4
the
commissioner
director
after
the
expiration
of
the
sixty-day
5
period.
In
any
such
case,
the
clerk
of
court,
unless
otherwise
6
ordered
by
the
court,
shall
forthwith
enter
a
decree
enforcing
7
the
final
agency
action
and
shall
transmit
a
copy
of
the
decree
8
to
the
commissioner
director
and
the
employer
named
in
the
9
petition.
10
5.
Any
penalties
recovered
pursuant
to
this
section
shall
be
11
remitted
by
the
commissioner
director
to
the
treasurer
of
state
12
for
deposit
in
the
general
fund
of
the
state.
13
6.
Mayors
and
police
officers,
sheriffs,
school
14
superintendents,
and
school
truant
and
attendance
officers,
15
within
their
several
jurisdictions,
shall
cooperate
in
the
16
enforcement
of
this
chapter
and
furnish
the
commissioner
17
director
and
the
commissioner’s
director’s
designees
with
all
18
information
coming
to
their
knowledge
regarding
violations
of
19
this
chapter
.
All
such
officers
and
any
person
authorized
in
20
writing
by
a
court
of
record
shall
have
the
authority
to
enter,
21
for
the
purpose
of
investigation,
any
of
the
establishments
and
22
places
mentioned
in
this
chapter
and
to
freely
question
any
23
person
therein
as
to
any
violations
of
this
chapter
.
24
7.
County
attorneys
shall
investigate
all
complaints
made
25
to
them
of
violations
of
this
chapter
,
and
prosecute
all
such
26
cases
of
violation
within
their
respective
counties.
27
Sec.
1865.
Section
96.1A,
subsection
23,
Code
2023,
is
28
amended
to
read
as
follows:
29
23.
“Hospital”
means
an
institution
which
has
been
licensed,
30
certified,
or
approved
by
the
department
of
inspections
,
and
31
appeals
,
and
licensing
as
a
hospital.
32
Sec.
1866.
Section
97B.20A,
Code
2023,
is
amended
to
read
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as
follows:
34
97B.20A
Appeal
procedure.
35
Members
and
third-party
payees
may
appeal
any
decision
made
1
by
the
system
that
affects
their
rights
under
this
chapter
.
2
The
appeal
shall
be
filed
with
the
system
within
thirty
days
3
after
the
notification
of
the
decision
was
mailed
to
the
4
party’s
last
known
mailing
address,
or
the
decision
of
the
5
system
is
final.
If
the
party
appeals
the
decision
of
the
6
system,
the
system
shall
conduct
an
internal
review
of
the
7
decision
and
the
chief
executive
officer
shall
notify
the
8
individual
who
has
filed
the
appeal
in
writing
of
the
system’s
9
decision.
The
individual
who
has
filed
the
appeal
may
file
an
10
appeal
of
the
system’s
final
decision
with
the
system
under
11
chapter
17A
by
notifying
the
system
of
the
appeal
in
writing
12
within
thirty
days
after
the
notification
of
its
final
decision
13
was
mailed
to
the
party’s
last
known
mailing
address.
Once
14
notified,
the
system
shall
forward
the
appeal
to
the
department
15
of
inspections
,
and
appeals
,
and
licensing
.
16
Sec.
1867.
Section
97B.20B,
Code
2023,
is
amended
to
read
17
as
follows:
18
97B.20B
Hearing
by
administrative
law
judge.
19
If
an
appeal
is
filed
and
is
not
withdrawn,
an
administrative
20
law
judge
in
the
department
of
inspections
,
and
appeals
,
and
21
licensing
,
after
affording
the
parties
reasonable
opportunity
22
for
fair
hearing,
shall
affirm,
modify,
or
reverse
the
23
decision
of
the
system.
The
hearing
shall
be
recorded
by
24
mechanical
means
and
a
transcript
of
the
hearing
shall
be
25
made.
The
transcript
shall
then
be
made
available
for
use
by
26
the
employment
appeal
board
and
by
the
courts
at
subsequent
27
judicial
review
proceedings
under
the
Iowa
administrative
28
procedure
Act,
chapter
17A
,
if
any.
The
parties
shall
be
duly
29
notified
of
the
administrative
law
judge’s
decision,
together
30
with
the
administrative
law
judge’s
reasons.
The
decision
is
31
final
unless,
within
thirty
days
after
the
date
of
notification
32
or
mailing
of
the
decision,
review
by
the
employment
appeal
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board
is
initiated
pursuant
to
section
97B.27
.
34
Sec.
1868.
Section
97B.27,
Code
2023,
is
amended
to
read
as
35
follows:
1
97B.27
Review
of
decision.
2
Anyone
aggrieved
by
the
decision
of
the
administrative
law
3
judge
may,
at
any
time
before
the
administrative
law
judge’s
4
decision
becomes
final,
petition
the
department
of
inspections
,
5
and
appeals
,
and
licensing
for
review
by
the
employment
appeal
6
board
established
in
section
10A.601
.
The
appeal
board
shall
7
review
the
record
made
before
the
administrative
law
judge,
but
8
no
additional
evidence
shall
be
heard.
On
the
basis
of
the
9
record
the
appeal
board
shall
affirm,
modify,
or
reverse
the
10
decision
of
the
administrative
law
judge
and
shall
determine
11
the
rights
of
the
appellant.
It
shall
promptly
notify
the
12
appellant
and
any
other
interested
party
by
written
decision.
13
Sec.
1869.
Section
99B.1,
subsection
13,
Code
2023,
is
14
amended
to
read
as
follows:
15
13.
“Department”
means
the
department
of
inspections
,
and
16
appeals
,
and
licensing
.
17
Sec.
1870.
Section
99B.6,
Code
2023,
is
amended
to
read
as
18
follows:
19
99B.6
Attorney
general
and
county
attorney
——
prosecution.
20
Upon
request
of
the
department
of
inspections
,
and
appeals
,
21
and
licensing
or
the
division
of
criminal
investigation
of
22
the
department
of
public
safety,
the
attorney
general
shall
23
institute
in
the
name
of
the
state
the
proper
proceedings
24
against
a
person
charged
by
either
department
with
violating
25
this
chapter
,
and
a
county
attorney,
at
the
request
of
the
26
attorney
general,
shall
appear
and
prosecute
an
action
when
27
brought
in
the
county
attorney’s
county.
28
Sec.
1871.
Section
99B.7,
Code
2023,
is
amended
to
read
as
29
follows:
30
99B.7
Division
of
criminal
investigation.
31
The
division
of
criminal
investigation
of
the
department
of
32
public
safety
may
investigate
to
determine
licensee
compliance
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with
the
requirements
of
this
chapter
.
Investigations
may
be
34
conducted
either
on
the
criminal
investigation
division’s
own
35
initiative
or
at
the
request
of
the
department
of
inspections
,
1
and
appeals
,
and
licensing
.
The
criminal
investigation
2
division
and
the
department
of
inspections
,
and
appeals
,
and
3
licensing
shall
cooperate
to
the
maximum
extent
possible
on
an
4
investigation.
5
Sec.
1872.
Section
99B.58,
Code
2023,
is
amended
to
read
as
6
follows:
7
99B.58
Electrical
or
mechanical
amusement
devices
——
special
8
fund.
9
Fees
collected
by
the
department
pursuant
to
sections
99B.53
10
and
99B.56
shall
be
deposited
in
a
special
fund
created
in
11
the
state
treasury.
Moneys
in
the
fund
are
appropriated
to
12
the
department
of
inspections
,
and
appeals
,
and
licensing
13
and
the
department
of
public
safety
for
administration
and
14
enforcement
of
this
subchapter
,
including
employment
of
15
necessary
personnel.
The
distribution
of
moneys
in
the
fund
to
16
the
department
of
inspections
,
and
appeals
,
and
licensing
and
17
the
department
of
public
safety
shall
be
pursuant
to
a
written
18
policy
agreed
upon
by
the
departments.
Notwithstanding
section
19
12C.7,
subsection
2
,
interest
or
earnings
on
moneys
deposited
20
in
the
fund
shall
be
credited
to
the
fund.
Notwithstanding
21
section
8.33
,
moneys
remaining
in
the
fund
at
the
end
of
a
22
fiscal
year
shall
not
revert
to
the
general
fund
of
the
state.
23
Sec.
1873.
Section
99D.5,
subsection
1,
Code
2023,
is
24
amended
to
read
as
follows:
25
1.
A
state
racing
and
gaming
commission
is
created
within
26
the
department
of
inspections
,
and
appeals
,
and
licensing
27
consisting
of
five
members
who
shall
be
appointed
by
the
28
governor
subject
to
confirmation
by
the
senate,
and
who
shall
29
serve
not
to
exceed
a
three-year
term
at
the
pleasure
of
the
30
governor.
The
term
of
each
member
shall
begin
and
end
as
31
provided
in
section
69.19
.
32
Sec.
1874.
Section
99F.4B,
Code
2023,
is
amended
to
read
as
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follows:
34
99F.4B
Rules.
35
The
department
of
inspections
,
and
appeals
,
and
licensing
1
shall
cooperate
to
the
maximum
extent
possible
with
the
2
division
of
criminal
investigation
in
adopting
rules
relating
3
to
the
gaming
operations
in
this
chapter
and
chapters
99D
and
4
99E
.
5
Sec.
1875.
Section
99F.20,
subsection
1,
Code
2023,
is
6
amended
to
read
as
follows:
7
1.
A
gaming
regulatory
revolving
fund
is
created
in
8
the
state
treasury
under
the
control
of
the
department
of
9
inspections
,
and
appeals
,
and
licensing
.
The
fund
shall
10
consist
of
fees
collected
and
deposited
into
the
fund
paid
11
by
licensees
pursuant
to
section
99D.14,
subsection
2
,
12
paragraph
“c”
,
fees
paid
by
licensees
pursuant
to
section
13
99E.5,
subsection
4
,
paragraph
“c”
,
regulatory
fees
paid
by
14
licensees
pursuant
to
section
99F.4,
subsection
27
,
and
fees
15
paid
by
licensees
pursuant
to
section
99F.10,
subsection
4
,
16
paragraph
“c”
.
All
costs
relating
to
racetrack,
excursion
17
boat,
gambling
structure,
internet
fantasy
sports
contests
as
18
defined
in
section
99E.1
,
and
sports
wagering
regulation
shall
19
be
paid
from
the
fund
as
provided
in
appropriations
made
for
20
this
purpose
by
the
general
assembly.
The
department
shall
21
provide
quarterly
reports
to
the
department
of
management
and
22
the
legislative
services
agency
specifying
revenues
billed
23
and
collected
and
expenditures
from
the
fund
in
a
format
as
24
determined
by
the
department
of
management
in
consultation
with
25
the
legislative
services
agency.
26
Sec.
1876.
Section
123.3,
subsection
23,
Code
2023,
is
27
amended
to
read
as
follows:
28
23.
“Hotel”
or
“motel”
means
premises
licensed
by
the
29
department
of
inspections
,
and
appeals
,
and
licensing
and
30
regularly
or
seasonally
kept
open
in
a
bona
fide
manner
for
the
31
lodging
of
transient
guests,
and
with
twenty
or
more
sleeping
32
rooms.
33
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Sec.
1877.
Section
123.10,
subsection
15,
Code
2023,
is
34
amended
to
read
as
follows:
35
15.
Prescribing
the
uniform
fee,
not
to
exceed
one
hundred
1
dollars,
to
be
assessed
against
a
licensee
or
permittee
for
2
a
contested
case
hearing
conducted
by
the
division
or
by
an
3
administrative
law
judge
from
the
department
of
inspections
,
4
and
appeals
,
and
licensing
which
results
in
administrative
5
action
taken
against
the
licensee
or
permittee
by
the
division.
6
Sec.
1878.
Section
123.17,
subsection
4,
Code
2023,
is
7
amended
to
read
as
follows:
8
4.
The
treasurer
of
state
shall,
each
quarter,
prepare
9
an
estimate
of
the
gaming
revenues
and
of
the
moneys
to
be
10
deposited
in
the
beer
and
liquor
control
fund
that
will
become
11
available
during
the
remainder
of
the
appropriate
fiscal
year
12
for
the
purposes
described
in
subsection
3
.
The
department
13
of
management,
the
department
of
inspections
,
and
appeals
,
14
and
licensing
,
and
the
department
of
commerce
shall
take
15
appropriate
actions
to
provide
that
the
sum
of
the
amount
of
16
gaming
revenues
available
to
be
deposited
into
the
revenue
17
bonds
debt
service
fund
and
the
revenue
bonds
federal
subsidy
18
holdback
fund
during
a
fiscal
year
and
the
amount
of
moneys
to
19
be
deposited
in
the
beer
and
liquor
control
fund
available
to
20
be
deposited
into
the
revenue
bonds
debt
service
fund
and
the
21
revenue
bonds
federal
subsidy
holdback
fund
during
such
fiscal
22
year
will
be
sufficient
to
cover
any
anticipated
deficiencies.
23
Sec.
1879.
Section
123.30,
subsection
1,
paragraph
b,
Code
24
2023,
is
amended
to
read
as
follows:
25
b.
As
a
condition
for
issuance
of
a
retail
alcohol
license
26
or
wine
or
beer
permit,
the
applicant
must
give
consent
27
to
members
of
the
fire,
police,
and
health
departments
and
28
the
building
inspector
of
cities;
the
county
sheriff
or
29
deputy
sheriff;
members
of
the
department
of
public
safety;
30
representatives
of
the
division
and
of
the
department
of
31
inspections
,
and
appeals
,
and
licensing
;
certified
police
32
officers;
and
any
official
county
health
officer
to
enter
upon
33
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areas
of
the
premises
where
alcoholic
beverages
are
stored,
34
served,
or
sold,
without
a
warrant
during
business
hours
of
35
the
licensee
or
permittee
to
inspect
for
violations
of
this
1
chapter
or
ordinances
and
regulations
that
cities
and
boards
2
of
supervisors
may
adopt.
However,
a
subpoena
issued
under
3
section
421.17
or
a
warrant
is
required
for
inspection
of
4
private
records,
a
private
business
office,
or
attached
living
5
quarters.
Persons
who
are
not
certified
peace
officers
shall
6
limit
the
scope
of
their
inspections
of
licensed
premises
7
to
the
regulatory
authority
under
which
the
inspection
is
8
conducted.
All
persons
who
enter
upon
a
licensed
premises
to
9
conduct
an
inspection
shall
present
appropriate
identification
10
to
the
owner
of
the
establishment
or
the
person
who
appears
11
to
be
in
charge
of
the
establishment
prior
to
commencing
12
an
inspection;
however,
this
provision
does
not
apply
to
13
undercover
criminal
investigations
conducted
by
peace
officers.
14
Sec.
1880.
Section
123.32,
subsection
6,
paragraph
b,
Code
15
2023,
is
amended
to
read
as
follows:
16
b.
Upon
receipt
of
an
application
having
been
approved
by
17
the
local
authority,
the
division
shall
make
an
investigation
18
as
the
administrator
deems
necessary
to
determine
that
the
19
applicant
complies
with
all
requirements
for
holding
a
license,
20
and
may
require
the
applicant
to
appear
to
be
examined
under
21
oath
to
demonstrate
that
the
applicant
complies
with
all
of
the
22
requirements
to
hold
a
license.
If
the
administrator
requires
23
the
applicant
to
appear
and
to
testify
under
oath,
a
record
24
shall
be
made
of
all
testimony
or
evidence
and
the
record
25
shall
become
a
part
of
the
application.
The
administrator
26
may
appoint
a
member
of
the
division
or
may
request
an
27
administrative
law
judge
of
the
department
of
inspections
,
and
28
appeals
,
and
licensing
to
receive
the
testimony
under
oath
29
and
evidence,
and
to
issue
a
proposed
decision
to
approve
or
30
disapprove
the
application
for
a
license.
The
administrator
31
may
affirm,
reverse,
or
modify
the
proposed
decision
to
32
approve
or
disapprove
the
application
for
the
license.
If
33
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the
application
is
approved
by
the
administrator,
the
license
34
shall
be
issued.
If
the
application
is
disapproved
by
the
35
administrator,
the
applicant
shall
be
so
notified
by
certified
1
mail
or
personal
service
and
the
appropriate
local
authority
2
shall
be
notified
electronically,
or
in
a
manner
prescribed
by
3
the
administrator.
4
Sec.
1881.
Section
123.32,
subsections
7
and
9,
Code
2023,
5
are
amended
to
read
as
follows:
6
7.
Appeal
to
administrator.
An
applicant
for
a
retail
7
alcohol
license
may
appeal
from
the
local
authority’s
8
disapproval
of
an
application
for
a
license
or
permit
to
the
9
administrator.
In
the
appeal
the
applicant
shall
be
allowed
10
the
opportunity
to
demonstrate
in
an
evidentiary
hearing
11
conducted
pursuant
to
chapter
17A
that
the
applicant
complies
12
with
all
of
the
requirements
for
holding
the
license
or
permit.
13
The
administrator
may
appoint
a
member
of
the
division
or
14
may
request
an
administrative
law
judge
from
the
department
15
of
inspections
,
and
appeals
,
and
licensing
to
conduct
the
16
evidentiary
hearing
and
to
render
a
proposed
decision
to
17
approve
or
disapprove
the
issuance
of
the
license
or
permit.
18
The
administrator
may
affirm,
reverse,
or
modify
the
proposed
19
decision.
If
the
administrator
determines
that
the
applicant
20
complies
with
all
of
the
requirements
for
holding
a
license
21
or
permit,
the
administrator
shall
order
the
issuance
of
the
22
license
or
permit.
If
the
administrator
determines
that
the
23
applicant
does
not
comply
with
the
requirements
for
holding
24
a
license
or
permit,
the
administrator
shall
disapprove
the
25
issuance
of
the
license
or
permit.
26
9.
Suspension
by
local
authority.
A
retail
alcohol
licensee
27
whose
license
has
been
suspended
or
revoked
or
a
civil
penalty
28
imposed
by
a
local
authority
for
a
violation
of
this
chapter
29
or
suspended
by
a
local
authority
for
violation
of
a
local
30
ordinance
may
appeal
the
suspension,
revocation,
or
civil
31
penalty
to
the
administrator.
The
administrator
may
appoint
32
a
member
of
the
division
or
may
request
an
administrative
33
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law
judge
from
the
department
of
inspections
,
and
appeals
,
34
and
licensing
to
hear
the
appeal
which
shall
be
conducted
in
35
accordance
with
chapter
17A
and
to
issue
a
proposed
decision.
1
The
administrator
may
review
the
proposed
decision
upon
the
2
motion
of
a
party
to
the
appeal
or
upon
the
administrator’s
3
own
motion
in
accordance
with
chapter
17A
.
Upon
review
of
the
4
proposed
decision,
the
administrator
may
affirm,
reverse,
or
5
modify
the
proposed
decision.
A
retail
alcohol
licensee
or
a
6
local
authority
aggrieved
by
a
decision
of
the
administrator
7
may
seek
judicial
review
of
the
decision
pursuant
to
chapter
8
17A
.
9
Sec.
1882.
Section
123.39,
subsection
1,
paragraph
e,
Code
10
2023,
is
amended
to
read
as
follows:
11
e.
Before
suspension,
revocation,
or
imposition
of
a
12
civil
penalty
by
the
administrator,
the
license,
permit,
13
or
certificate
holder
shall
be
given
written
notice
and
an
14
opportunity
for
a
hearing.
The
administrator
may
appoint
15
a
member
of
the
division
or
may
request
an
administrative
16
law
judge
from
the
department
of
inspections
,
and
appeals
,
17
and
licensing
to
conduct
the
hearing
and
issue
a
proposed
18
decision.
Upon
the
motion
of
a
party
to
the
hearing
or
19
upon
the
administrator’s
own
motion,
the
administrator
may
20
review
the
proposed
decision
in
accordance
with
chapter
17A
.
21
Upon
review
of
the
proposed
decision,
the
administrator
may
22
affirm,
reverse,
or
modify
the
proposed
decision.
A
license,
23
permit,
or
certificate
holder
aggrieved
by
a
decision
of
the
24
administrator
may
seek
judicial
review
of
the
administrator’s
25
decision
in
accordance
with
chapter
17A
.
26
Sec.
1883.
Section
125.18,
Code
2023,
is
amended
to
read
as
27
follows:
28
125.18
Hearing
before
board.
29
If
a
licensee
under
this
chapter
makes
a
written
request
30
for
a
hearing
within
thirty
days
of
suspension,
revocation,
or
31
refusal
to
renew
a
license,
a
hearing
before
the
board
shall
32
be
expeditiously
arranged
by
the
department
of
inspections
,
33
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and
appeals
,
and
licensing
whose
decision
is
subject
to
review
34
by
the
board.
The
board
shall
issue
a
written
statement
of
35
the
board’s
findings
within
thirty
days
after
conclusion
of
1
the
hearing
upholding
or
reversing
the
proposed
suspension,
2
revocation,
or
refusal
to
renew
a
license.
Action
involving
3
suspension,
revocation,
or
refusal
to
renew
a
license
shall
4
not
be
taken
by
the
board
unless
a
quorum
is
present
at
the
5
meeting.
A
copy
of
the
board’s
decision
shall
be
promptly
6
transmitted
to
the
affected
licensee
who
may,
if
aggrieved
by
7
the
decision,
seek
judicial
review
of
the
actions
of
the
board
8
in
accordance
with
the
terms
of
chapter
17A
.
9
Sec.
1884.
Section
135.16A,
subsection
1,
paragraph
d,
Code
10
2023,
is
amended
to
read
as
follows:
11
d.
“Grocery
store”
means
a
food
establishment
as
defined
12
in
section
137F.1
licensed
by
the
department
of
inspections
,
13
and
appeals
,
and
licensing
pursuant
to
section
137F.4
,
to
sell
14
food
or
food
products
to
customers
intended
for
preparation
or
15
consumption
off
premises.
16
Sec.
1885.
Section
135.16A,
subsection
2,
paragraph
a,
Code
17
2023,
is
amended
to
read
as
follows:
18
a.
The
department
of
inspections
,
and
appeals
,
and
licensing
19
shall
assist
the
Iowa
department
of
public
health
in
adopting
20
rules
necessary
to
implement
and
administer
this
section
.
21
Sec.
1886.
Section
135.63,
subsection
2,
paragraph
g,
22
subparagraph
(1),
subparagraph
division
(a),
Code
2023,
is
23
amended
to
read
as
follows:
24
(a)
The
institutional
health
facility
reports
to
the
25
department
the
number
and
type
of
beds
reduced
on
a
form
26
prescribed
by
the
department
at
least
thirty
days
before
the
27
reduction.
In
the
case
of
a
health
care
facility,
the
new
bed
28
total
must
be
consistent
with
the
number
of
licensed
beds
at
29
the
facility.
In
the
case
of
a
hospital,
the
number
of
beds
30
must
be
consistent
with
bed
totals
reported
to
the
department
31
of
inspections
,
and
appeals
,
and
licensing
for
purposes
of
32
licensure
and
certification.
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Sec.
1887.
Section
135B.1,
subsection
1,
Code
2023,
is
34
amended
to
read
as
follows:
35
1.
“Department”
means
the
department
of
inspections
,
and
1
appeals
,
and
licensing
.
2
Sec.
1888.
Section
135C.1,
subsections
4,
6,
and
20,
Code
3
2023,
are
amended
to
read
as
follows:
4
4.
“Department”
means
the
department
of
inspections
,
and
5
appeals
,
and
licensing
.
6
6.
“Director”
means
the
director
of
the
department
of
7
inspections
,
and
appeals
,
and
licensing
,
or
the
director’s
8
designee.
9
20.
“Residential
care
facility”
means
any
institution,
10
place,
building,
or
agency
providing
for
a
period
exceeding
11
twenty-four
consecutive
hours
accommodation,
board,
personal
12
assistance
and
other
essential
daily
living
activities
to
13
three
or
more
individuals,
not
related
to
the
administrator
or
14
owner
thereof
within
the
third
degree
of
consanguinity,
who
by
15
reason
of
illness,
disease,
or
physical
or
mental
infirmity
16
are
unable
to
sufficiently
or
properly
care
for
themselves
but
17
who
do
not
require
the
services
of
a
registered
or
licensed
18
practical
nurse
except
on
an
emergency
basis
or
who
by
reason
19
of
illness,
disease,
or
physical
or
mental
infirmity
are
unable
20
to
sufficiently
or
properly
care
for
themselves
but
who
do
not
21
require
the
services
of
a
registered
or
licensed
practical
22
nurse
except
on
an
emergency
basis
if
home
and
community-based
23
services,
other
than
nursing
care,
as
defined
by
this
chapter
24
and
departmental
rule,
are
provided.
For
the
purposes
of
25
this
definition,
the
home
and
community-based
services
to
be
26
provided
are
limited
to
the
type
included
under
the
medical
27
assistance
program
provided
pursuant
to
chapter
249A
,
are
28
subject
to
cost
limitations
established
by
the
department
of
29
human
services
under
the
medical
assistance
program,
and
except
30
as
otherwise
provided
by
the
department
of
inspections
,
and
31
appeals
,
and
licensing
with
the
concurrence
of
the
department
32
of
human
services,
are
limited
in
capacity
to
the
number
of
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licensed
residential
care
facilities
and
the
number
of
licensed
34
residential
care
facility
beds
in
the
state
as
of
December
1,
35
2003.
1
Sec.
1889.
Section
135C.4,
subsection
3,
Code
2023,
is
2
amended
to
read
as
follows:
3
3.
For
the
purposes
of
this
section
,
the
home
and
4
community-based
services
to
be
provided
shall
be
limited
to
the
5
type
included
under
the
medical
assistance
program
provided
6
pursuant
to
chapter
249A
,
shall
be
subject
to
cost
limitations
7
established
by
the
department
of
human
services
under
the
8
medical
assistance
program,
and
except
as
otherwise
provided
by
9
the
department
of
inspections
,
and
appeals
,
and
licensing
with
10
the
concurrence
of
the
department
of
human
services,
shall
be
11
limited
in
capacity
to
the
number
of
licensed
residential
care
12
facilities
and
the
number
of
licensed
residential
care
facility
13
beds
in
the
state
as
of
December
1,
2003.
14
Sec.
1890.
Section
135C.19,
subsection
3,
Code
2023,
is
15
amended
to
read
as
follows:
16
3.
If
the
facility
cited
subsequently
advises
the
17
department
of
human
services
that
the
violation
has
been
18
corrected
to
the
satisfaction
of
the
department
of
inspections
,
19
and
appeals
,
and
licensing
,
the
department
of
human
services
20
shall
maintain
this
advisory
in
the
same
file
with
the
copy
21
of
the
citation.
The
department
of
human
services
shall
22
not
disseminate
to
the
public
any
information
regarding
23
citations
issued
by
the
department
of
inspections
,
and
appeals
,
24
and
licensing
,
but
shall
forward
or
refer
inquiries
to
the
25
department
of
inspections
,
and
appeals
,
and
licensing
.
26
Sec.
1891.
Section
135C.31A,
subsection
1,
Code
2023,
is
27
amended
to
read
as
follows:
28
1.
A
health
care
facility
shall
assist
the
Iowa
department
29
of
veterans
affairs
in
identifying,
upon
admission
of
a
30
resident,
the
resident’s
eligibility
for
benefits
through
the
31
United
States
department
of
veterans
affairs.
The
department
32
of
inspections
,
and
appeals
,
and
licensing
,
in
cooperation
33
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with
the
department
of
human
services,
shall
adopt
rules
to
34
administer
this
section
,
including
a
provision
that
ensures
35
that
if
a
resident
is
eligible
for
benefits
through
the
United
1
States
department
of
veterans
affairs
or
other
third-party
2
payor,
the
payor
of
last
resort
for
reimbursement
to
the
3
health
care
facility
is
the
medical
assistance
program.
4
The
rules
shall
also
require
the
health
care
facility
to
5
request
information
from
a
resident
or
resident’s
personal
6
representative
regarding
the
resident’s
veteran
status
and
to
7
report
to
the
Iowa
department
of
veterans
affairs
only
the
8
names
of
residents
identified
as
potential
veterans
along
with
9
the
names
of
their
spouses
and
any
dependents.
Information
10
reported
by
the
health
care
facility
shall
be
verified
by
the
11
Iowa
department
of
veterans
affairs.
This
section
shall
not
12
apply
to
the
admission
of
an
individual
to
a
state
mental
13
health
institute
for
acute
psychiatric
care
or
to
the
admission
14
of
an
individual
to
the
Iowa
veterans
home.
15
Sec.
1892.
Section
135C.31A,
subsection
2,
paragraph
b,
16
Code
2023,
is
amended
to
read
as
follows:
17
b.
The
department
of
inspections
,
and
appeals
,
and
18
licensing
,
the
department
of
veterans
affairs,
and
the
19
department
of
human
services
shall
identify
any
barriers
20
to
residents
in
accessing
such
prescription
drug
benefits
21
and
shall
assist
health
care
facilities
in
adjusting
their
22
procedures
for
medication
administration
to
comply
with
this
23
subsection
.
24
Sec.
1893.
Section
135C.33,
subsection
7,
paragraph
a,
Code
25
2023,
is
amended
to
read
as
follows:
26
a.
The
department
of
inspections
,
and
appeals
,
and
27
licensing
,
in
conjunction
with
other
departments
and
agencies
28
of
state
government
involved
with
criminal
history
and
29
abuse
registry
information,
shall
establish
a
single
contact
30
repository
for
facilities
and
other
providers
to
have
31
electronic
access
to
data
to
perform
background
checks
for
32
purposes
of
employment,
as
required
of
the
facilities
and
other
33
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providers
under
this
section
.
34
Sec.
1894.
Section
135C.34,
Code
2023,
is
amended
to
read
35
as
follows:
1
135C.34
Medication
aide
——
certification.
2
The
department
of
inspections
,
and
appeals
,
and
licensing
,
3
in
cooperation
with
other
appropriate
agencies,
shall
establish
4
a
procedure
to
allow
a
person
who
is
certified
as
a
medication
5
aide
in
another
state
to
become
certified
in
this
state
upon
6
completion
and
passage
of
both
the
certified
nurse
aide
and
7
certified
medication
aide
challenge
examinations,
without
8
additional
requirements
for
certification,
including
but
9
not
limited
to,
required
employment
in
this
state
prior
to
10
certification.
The
department
shall
adopt
rules
pursuant
to
11
chapter
17A
to
administer
this
section
.
12
Sec.
1895.
Section
135G.1,
subsection
2,
Code
2023,
is
13
amended
to
read
as
follows:
14
2.
“Department”
means
the
department
of
inspections
,
and
15
appeals
,
and
licensing
.
16
Sec.
1896.
Section
135G.10,
subsection
1,
unnumbered
17
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
18
The
department
of
inspections
,
and
appeals
,
and
licensing
19
and
the
department
of
human
services
shall
collaborate
20
in
establishing
standards
for
licensing
of
subacute
care
21
facilities
to
achieve
all
of
the
following
objectives:
22
Sec.
1897.
Section
135G.10,
subsection
3,
Code
2023,
is
23
amended
to
read
as
follows:
24
3.
The
department
of
inspections
,
and
appeals
,
and
25
licensing
,
in
consultation
with
the
department
of
human
26
services
and
affected
professional
groups,
shall
adopt
and
27
enforce
rules
setting
out
the
standards
for
a
subacute
care
28
facility
and
the
rights
of
the
residents
admitted
to
a
subacute
29
care
facility.
The
department
of
inspections
,
and
appeals
,
and
30
licensing
and
the
department
of
human
services
shall
coordinate
31
the
adoption
of
rules
and
the
enforcement
of
the
rules
in
order
32
to
prevent
duplication
of
effort
by
the
departments
and
of
33
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requirements
of
the
licensee.
34
Sec.
1898.
Section
135G.11,
subsection
2,
Code
2023,
is
35
amended
to
read
as
follows:
1
2.
Upon
receipt
of
a
complaint
made
in
accordance
with
2
subsection
1
,
the
department
shall
make
a
preliminary
review
3
of
the
complaint.
Unless
the
department
concludes
that
the
4
complaint
is
intended
to
harass
a
subacute
care
facility
or
5
a
licensee
or
is
without
reasonable
basis,
it
shall
within
6
twenty
working
days
of
receipt
of
the
complaint
make
or
cause
7
to
be
made
an
on-site
inspection
of
the
subacute
care
facility
8
which
is
the
subject
of
the
complaint.
The
department
of
9
inspections
,
and
appeals
,
and
licensing
may
refer
to
the
10
department
of
human
services
any
complaint
received
by
the
11
department
of
inspections
,
and
appeals
,
and
licensing
if
the
12
complaint
applies
to
rules
adopted
by
the
department
of
human
13
services.
The
complainant
shall
also
be
notified
of
the
name,
14
address,
and
telephone
number
of
the
designated
protection
and
15
advocacy
agency
if
the
alleged
violation
involves
a
facility
16
with
one
or
more
residents
with
a
developmental
disability
or
17
mental
illness.
In
any
case,
the
complainant
shall
be
promptly
18
informed
of
the
result
of
any
action
taken
by
the
department
19
in
the
matter.
20
Sec.
1899.
Section
135H.1,
subsection
1,
Code
2023,
is
21
amended
to
read
as
follows:
22
1.
“Department”
means
the
department
of
inspections
,
and
23
appeals
,
and
licensing
.
24
Sec.
1900.
Section
135H.10,
subsection
1,
Code
2023,
is
25
amended
to
read
as
follows:
26
1.
The
department
of
inspections
and
appeals
,
in
27
consultation
with
the
department
of
human
services
and
affected
28
professional
groups,
shall
adopt
and
enforce
rules
setting
29
out
the
standards
for
a
psychiatric
medical
institution
30
for
children
and
the
rights
of
the
residents
admitted
to
a
31
psychiatric
institution.
The
department
of
inspections
and
32
appeals
and
the
department
of
human
services
shall
coordinate
33
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the
adoption
of
rules
and
the
enforcement
of
the
rules
in
order
34
to
prevent
duplication
of
effort
by
the
departments
and
of
35
requirements
of
the
licensee.
1
Sec.
1901.
Section
135H.12,
subsection
1,
Code
2023,
is
2
amended
to
read
as
follows:
3
1.
Upon
receipt
of
a
complaint
made
in
accordance
with
4
section
135H.11
,
the
department
shall
make
a
preliminary
review
5
of
the
complaint.
Unless
the
department
concludes
that
the
6
complaint
is
intended
to
harass
a
psychiatric
institution
or
a
7
licensee
or
is
without
reasonable
basis,
it
shall
within
twenty
8
working
days
of
receipt
of
the
complaint
make
or
cause
to
be
9
made
an
on-site
inspection
of
the
psychiatric
institution
which
10
is
the
subject
of
the
complaint.
The
department
of
inspections
11
and
appeals
may
refer
to
the
department
of
human
services
any
12
complaint
received
by
the
department
if
the
complaint
applies
13
to
rules
adopted
by
the
department
of
human
services.
The
14
complainant
shall
also
be
notified
of
the
name,
address,
and
15
telephone
number
of
the
designated
protection
and
advocacy
16
agency
if
the
alleged
violation
involves
a
facility
with
one
17
or
more
residents
with
developmental
disabilities
or
mental
18
illness.
In
any
case,
the
complainant
shall
be
promptly
19
informed
of
the
result
of
any
action
taken
by
the
department
20
in
the
matter.
21
Sec.
1902.
Section
135J.1,
subsection
3,
Code
2023,
is
22
amended
to
read
as
follows:
23
3.
“Department”
means
the
department
of
inspections
,
and
24
appeals
,
and
licensing
.
25
Sec.
1903.
Section
135J.2,
subsection
2,
Code
2023,
is
26
amended
to
read
as
follows:
27
2.
The
hospice
program
shall
meet
the
criteria
pursuant
28
to
section
135J.3
before
a
license
is
issued.
The
department
29
of
inspections
and
appeals
is
responsible
to
provide
the
30
necessary
personnel
to
inspect
the
hospice
program,
the
home
31
care
and
inpatient
care
provided
and
the
hospital
or
facility
32
used
by
the
hospice
to
determine
if
the
hospice
complies
with
33
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necessary
standards
before
a
license
is
issued.
Hospices
that
34
are
certified
as
Medicare
hospice
providers
by
the
department
35
of
inspections
and
appeals
or
are
accredited
as
hospices
by
1
the
joint
commission
on
the
accreditation
of
health
care
2
organizations,
shall
be
licensed
without
inspection
by
the
3
department
of
inspections
and
appeals
.
4
Sec.
1904.
Section
135J.4,
Code
2023,
is
amended
to
read
as
5
follows:
6
135J.4
Inspection.
7
The
department
of
inspections
and
appeals
shall
make
or
be
8
responsible
for
inspections
of
the
hospice
program,
the
home
9
care
and
the
inpatient
care
provided
in
the
hospice
program,
10
and
the
hospital
or
facility
before
a
license
is
issued.
The
11
department
of
inspections
and
appeals
shall
inspect
the
hospice
12
program
periodically
after
initial
inspection.
13
Sec.
1905.
Section
135O.1,
subsections
1
and
2,
Code
2023,
14
are
amended
to
read
as
follows:
15
1.
“Boarding
home”
means
a
premises
used
by
its
owner
16
or
lessee
for
the
purpose
of
letting
rooms
for
rental
to
17
three
or
more
persons
not
related
within
the
third
degree
of
18
consanguinity
to
the
owner
or
lessee
where
supervision
or
19
assistance
with
activities
of
daily
living
is
provided
to
such
20
persons.
A
boarding
home
does
not
include
a
facility,
home,
21
or
program
otherwise
subject
to
licensure
or
regulation
by
the
22
department
of
health
and
human
services
,
or
the
department
of
23
inspections
and
appeals,
or
department
of
public
health
.
24
2.
“Department”
means
the
department
of
inspections
,
and
25
appeals
,
and
licensing
.
26
Sec.
1906.
Section
135O.2,
subsection
2,
Code
2023,
is
27
amended
to
read
as
follows:
28
2.
The
department
of
inspections
and
appeals
shall
adopt
29
rules
to
administer
this
chapter
in
consultation
with
the
30
departments
of
human
services
and
public
safety.
31
Sec.
1907.
Section
135O.3,
subsection
2,
paragraph
a,
Code
32
2023,
is
amended
to
read
as
follows:
33
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a.
The
interagency
approach
may
involve
a
multidisciplinary
34
team
consisting
of
employees
of
the
department
of
inspections
35
and
appeals
,
the
department
of
human
services,
the
state
fire
1
marshal,
and
the
division
of
criminal
investigation
of
the
2
department
of
public
safety,
or
other
local,
state,
and
federal
3
agencies.
4
Sec.
1908.
Section
135O.3,
subsection
4,
Code
2023,
is
5
amended
to
read
as
follows:
6
4.
If
the
department
or
a
multidisciplinary
team
has
7
probable
cause
to
believe
that
a
boarding
home
is
in
violation
8
of
this
chapter
or
licensing
or
other
regulatory
requirements
9
of
the
department
of
human
services,
department
of
inspections
10
and
appeals
,
or
department
of
public
health,
or
that
dependent
11
adult
abuse
of
any
individual
living
in
a
boarding
home
12
has
occurred,
and
upon
producing
proper
identification,
is
13
denied
entry
to
the
boarding
home
or
access
to
any
individual
14
living
in
the
boarding
home
for
the
purpose
of
making
an
15
inspection
or
conducting
an
investigation,
the
department
or
16
multidisciplinary
team
may,
with
the
assistance
of
the
county
17
attorney
of
the
county
in
which
the
boarding
home
is
located,
18
apply
to
the
district
court
for
an
order
requiring
the
owner
or
19
lessee
to
permit
entry
to
the
boarding
home
and
access
to
the
20
individuals
living
in
the
boarding
home.
21
Sec.
1909.
Section
135Q.1,
subsection
1,
Code
2023,
is
22
amended
to
read
as
follows:
23
1.
“Department”
means
the
department
of
inspections
,
and
24
appeals
,
and
licensing
.
25
Sec.
1910.
Section
137C.2,
subsections
2
and
3,
Code
2023,
26
are
amended
to
read
as
follows:
27
2.
“Director”
means
the
director
of
the
department
of
28
inspections
,
and
appeals
,
and
licensing
or
the
director’s
29
designee.
30
3.
“Department”
means
the
department
of
inspections
,
and
31
appeals
,
and
licensing
.
32
Sec.
1911.
Section
137D.1,
subsection
1,
Code
2023,
is
33
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amended
to
read
as
follows:
34
1.
“Department”
means
the
department
of
inspections
,
and
35
appeals
,
and
licensing
.
1
Sec.
1912.
Section
137F.1,
subsections
4
and
5,
Code
2023,
2
are
amended
to
read
as
follows:
3
4.
“Department”
means
the
department
of
inspections
,
and
4
appeals
,
and
licensing
.
5
5.
“Director”
means
the
director
of
the
department
of
6
inspections
,
and
appeals
,
and
licensing
.
7
Sec.
1913.
Section
137F.3A,
Code
2023,
is
amended
to
read
8
as
follows:
9
137F.3A
Municipal
corporation
inspections
——
contingent
10
appropriation.
11
1.
a.
The
department
of
inspections
and
appeals
may
employ
12
additional
full-time
equivalent
positions
to
enforce
the
13
provisions
of
this
chapter
and
chapters
137C
and
137D
,
with
14
the
approval
of
the
department
of
management,
if
either
of
the
15
following
apply:
16
(1)
A
municipal
corporation
operating
pursuant
to
a
chapter
17
28E
agreement
with
the
department
of
inspections
and
appeals
18
to
enforce
the
chapters
either
fails
to
renew
the
agreement
19
effective
after
April
1,
2007,
or
discontinues,
after
April
20
1,
2007,
enforcement
activities
in
one
or
more
jurisdictions
21
during
the
agreement
time
frame.
22
(2)
The
department
of
inspections
and
appeals
cancels
an
23
agreement
after
April
1,
2007,
due
to
noncompliance
with
the
24
terms
of
the
agreement.
25
b.
Before
approval
may
be
given,
the
director
of
the
26
department
of
management
must
have
determined
that
the
expenses
27
exceed
the
funds
budgeted
by
the
general
assembly
for
food
28
inspections
to
the
department
of
inspections
and
appeals
.
The
29
department
of
inspections
and
appeals
may
hire
no
more
than
one
30
full-time
equivalent
position
for
each
six
hundred
inspections
31
required
pursuant
to
this
chapter
and
chapters
137C
and
137D
.
32
2.
Notwithstanding
chapter
137D
,
and
sections
137C.9
and
33
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137F.6
,
if
the
conditions
described
in
this
section
are
met,
34
fees
imposed
pursuant
to
that
chapter
and
those
sections
35
shall
be
retained
by
and
are
appropriated
to
the
department
1
of
inspections
and
appeals
each
fiscal
year
to
provide
for
2
salaries,
support,
maintenance,
and
miscellaneous
purposes
3
associated
with
the
additional
inspections.
The
appropriation
4
made
in
this
subsection
is
not
applicable
in
a
fiscal
year
for
5
which
the
general
assembly
enacts
an
appropriation
made
for
the
6
purposes
described
in
this
subsection
.
7
Sec.
1914.
Section
147.77,
subsection
1,
paragraph
g,
8
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
9
follows:
10
The
department
of
inspections
,
and
appeals
,
and
licensing
,
11
with
respect
to
rules
relating
to
the
following:
12
Sec.
1915.
Section
147.77,
subsection
1,
paragraph
g,
Code
13
2023,
is
amended
by
adding
the
following
new
subparagraphs:
14
NEW
SUBPARAGRAPH
.
(6)
For
applications
for
a
license
to
15
practice
asbestos
removal,
that
except
as
noted
in
rule,
only
16
worker
and
contractor/supervisor
license
applicants
must
submit
17
the
respiratory
protection
and
physician’s
certification
forms.
18
NEW
SUBPARAGRAPH
.
(7)
For
documentation
held
by
persons
19
licensed
for
asbestos
abatement
in
an
area
that
is
subject
to
20
a
disaster
emergency
proclamation,
that
the
director
of
the
21
department
of
inspections,
appeals,
and
licensing
deems
an
22
individual
contractor,
supervisor,
or
worker
to
be
licensed
23
and
authorized
for
asbestos
abatement
if
the
individual,
in
24
addition
to
other
specified
conditions,
makes
immediately
25
available
on
the
work
site
a
copy
of
a
physician’s
statement
26
indicating
that,
consistent
with
federal
law,
a
licensed
27
physician
has
examined
the
individual
within
the
past
twelve
28
months
and
approved
the
individual
to
work
while
wearing
a
29
respirator.
30
NEW
SUBPARAGRAPH
.
(8)
That
the
contents
of
an
application
31
for
an
event
license
for
a
covered
athletic
event
other
than
a
32
professional
wrestling
event
shall
contain,
along
with
other
33
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requirements,
a
copy
of
the
medical
license
of
the
ringside
34
physician
and
the
date,
time,
and
location
of
the
ringside
35
physician’s
examination
of
the
contestants.
1
NEW
SUBPARAGRAPH
.
(9)
For
the
responsibilities
of
the
2
promoter
of
an
athletic
event,
that
the
promoter
submit
test
3
results
to
the
ringside
physician
no
later
than
at
the
time
of
4
the
physical
showing
that
each
contestant
scheduled
for
the
5
event
tested
negative
for
the
human
immunodeficiency,
hepatitis
6
B,
and
hepatitis
C
viruses
within
the
one-year
period
prior
to
7
the
event,
and
that
the
contestant
shall
not
participate
and
8
the
physician
shall
notify
the
promoter
that
the
contestant
is
9
prohibited
from
participating
for
medical
reasons
if
specified
10
circumstances
occur.
11
NEW
SUBPARAGRAPH
.
(10)
For
injuries
during
a
professional
12
boxing
match,
that
if
a
contestant
claims
to
be
injured
during
13
the
bout,
the
referee
shall
stop
the
bout
and
request
the
14
attending
physician
to
make
an
examination.
If
the
physician
15
decides
that
the
contestant
has
been
injured
as
the
result
of
a
16
foul,
the
physician
shall
advise
the
referee
of
the
injury.
If
17
the
physician
is
of
the
opinion
that
the
injured
contestant
may
18
be
able
to
continue,
the
physician
shall
order
an
intermission,
19
after
which
the
physician
shall
make
another
examination
and
20
again
advise
the
referee
of
the
injured
contestant’s
condition.
21
It
shall
be
the
duty
of
the
promoter
to
have
an
approved
22
physician
in
attendance
during
the
entire
duration
of
all
23
bouts.
24
NEW
SUBPARAGRAPH
.
(11)
For
persons
allowed
in
a
ring
during
25
a
professional
boxing
match,
that
no
person
other
than
the
26
contestants
and
the
referee
shall
enter
the
ring
during
the
27
bout,
excepting
the
seconds
between
the
rounds
or
the
attending
28
physician
if
asked
by
the
referee
to
examine
an
injury
to
a
29
contestant.
30
NEW
SUBPARAGRAPH
.
(12)
For
the
weighing
of
contestants
in
31
a
professional
boxing
match,
that
contestants
shall
be
weighed
32
and
examined
on
the
day
of
the
scheduled
match
by
the
attending
33
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ring
physician
at
a
time
and
place
to
be
determined
by
the
34
state
commissioner
of
athletics.
35
NEW
SUBPARAGRAPH
.
(13)
For
attending
ring
physicians
1
during
a
professional
boxing
match,
that
when
a
boxer
has
been
2
injured
seriously,
knocked
out,
or
technically
knocked
out,
the
3
referee
shall
immediately
summon
the
attending
ring
physician
4
to
aid
the
stricken
boxer,
and
that
managers,
handlers,
and
5
seconds
shall
not
attend
to
the
stricken
boxer,
except
at
the
6
request
of
the
physician.
7
NEW
SUBPARAGRAPH
.
(14)
For
the
keeping
of
time
during
a
8
professional
boxing
match,
that
the
timekeeper
shall
keep
an
9
exact
record
of
time
taken
out
at
the
request
of
a
referee
for
10
an
examination
of
a
contestant
by
the
physician.
11
NEW
SUBPARAGRAPH
.
(15)
For
the
suspension
of
contestants
12
during
a
professional
boxing
match
that
is
an
elimination
13
tournament,
that
a
contestant
who
for
specified
reasons
is
not
14
permitted
to
box
in
the
state
for
a
period
of
time
shall
be
15
examined
by
a
physician
approved
by
the
state
commissioner
of
16
athletics
before
being
permitted
to
fight
again.
17
NEW
SUBPARAGRAPH
.
(16)
For
the
designation
of
officials
for
18
professional
kickboxing,
that
the
designation
of
physicians
is
19
subject
to
the
approval
of
the
state
commissioner
of
athletics
20
or
designee.
21
NEW
SUBPARAGRAPH
.
(17)
For
officials
for
a
mixed
martial
22
arts
event,
that
officials
shall
include
a
physician.
23
NEW
SUBPARAGRAPH
.
(18)
For
the
keeping
of
time
for
a
mixed
24
martial
arts
event,
that
the
timekeeper
shall
keep
an
exact
25
record
of
time
taken
out
at
the
request
of
a
referee
for
an
26
examination
of
a
contestant
by
the
physician.
27
NEW
SUBPARAGRAPH
.
(19)
For
persons
allowed
in
the
cage
28
during
a
mixed
martial
arts
event,
that
a
physician
may
enter
29
the
cage
to
examine
a
contestant
upon
the
request
of
the
30
referee.
31
NEW
SUBPARAGRAPH
.
(20)
For
the
decorum
of
persons
involved
32
in
a
mixed
martial
arts
event,
that
a
contestant
is
exempt
33
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from
prohibitions
on
specified
conduct
while
interacting
with
34
the
contestant’s
opponent
during
a
round,
but
if
the
round
35
is
stopped
by
the
physician
or
referee
for
a
time
out,
the
1
prohibitions
shall
apply
to
the
contestant.
2
NEW
SUBPARAGRAPH
.
(21)
For
the
examination
of
contestants
3
in
a
mixed
martial
arts
event,
that
on
the
day
of
the
event,
4
at
a
time
and
place
to
be
approved
by
the
state
commissioner
5
of
athletics,
the
ringside
physician
shall
conduct
a
rigorous
6
physical
examination
to
determine
the
contestant’s
fitness
7
to
participate
in
a
mixed
martial
arts
match,
and
that
8
a
contestant
deemed
not
fit
by
the
physician
shall
not
9
participate
in
the
event.
10
NEW
SUBPARAGRAPH
.
(22)
For
injuries
during
a
mixed
martial
11
arts
event,
that
if
a
contestant
claims
to
be
injured
or
12
when
a
contestant
has
been
injured
seriously
or
knocked
out,
13
the
referee
shall
immediately
stop
the
fight
and
summon
the
14
attending
ring
physician
to
make
an
examination
of
the
stricken
15
fighter.
If
the
physician
decides
that
the
contestant
has
16
been
injured,
the
physician
shall
advise
the
referee
of
the
17
severity
of
the
injury.
If
the
physician
is
of
the
opinion
the
18
injured
contestant
may
be
able
to
continue,
the
physician
shall
19
order
an
intermission,
after
which
the
physician
shall
make
20
another
examination
and
again
advise
the
referee
of
the
injured
21
contestant’s
condition.
Managers,
handlers,
and
seconds
shall
22
not
attend
to
the
stricken
fighter,
except
at
the
request
of
23
the
physician.
24
Sec.
1916.
Section
147.77,
subsection
1,
paragraph
p,
25
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
26
follows:
27
The
labor
services
division
of
the
department
of
workforce
28
development
inspections,
appeals,
and
licensing
,
with
respect
29
to
rules
relating
to
the
following:
30
Sec.
1917.
Section
147.77,
subsection
1,
paragraph
p,
31
subparagraphs
(3)
through
(19),
Code
2023,
are
amended
by
32
striking
the
subparagraphs.
33
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Sec.
1918.
Section
147.87,
Code
2023,
is
amended
to
read
as
34
follows:
35
147.87
Enforcement.
1
A
board
shall
enforce
the
provisions
of
this
chapter
and
the
2
board’s
enabling
statute
and
for
that
purpose
may
request
the
3
department
of
inspections
,
and
appeals
,
and
licensing
to
make
4
necessary
investigations.
Every
licensee
and
member
of
a
board
5
shall
furnish
the
board
or
the
department
of
inspections
,
and
6
appeals
,
and
licensing
such
evidence
as
the
member
or
licensee
7
may
have
relative
to
any
alleged
violation
which
is
being
8
investigated.
9
Sec.
1919.
Section
147.88,
Code
2023,
is
amended
to
read
as
10
follows:
11
147.88
Inspections
and
investigations.
12
The
department
of
inspections
,
and
appeals
,
and
licensing
13
may
perform
inspections
and
investigations
as
required
by
this
14
subtitle,
except
inspections
and
investigations
for
the
board
15
of
medicine,
board
of
pharmacy,
board
of
nursing,
and
the
16
dental
board.
The
department
of
inspections
,
and
appeals
,
and
17
licensing
shall
employ
personnel
related
to
the
inspection
and
18
investigative
functions.
19
Sec.
1920.
Section
155A.13,
subsection
4,
paragraph
b,
Code
20
2023,
is
amended
to
read
as
follows:
21
b.
To
the
maximum
extent
possible,
the
board
shall
22
coordinate
the
rules
with
the
standards
and
conditions
23
described
in
paragraph
“a”
,
subparagraph
(4),
and
shall
24
coordinate
its
inspections
of
hospital
pharmacies
with
the
25
Medicare
surveys
of
the
department
of
inspections
,
and
appeals
,
26
and
licensing
and
with
the
board’s
inspections
with
respect
to
27
controlled
substances
conducted
under
contract
with
the
federal
28
government.
29
Sec.
1921.
Section
155A.15,
subsection
2,
paragraph
d,
30
subparagraph
(5),
Code
2023,
is
amended
to
read
as
follows:
31
(5)
A
licensed
health
care
facility
which
is
furnished
32
the
drug
or
device
by
a
pharmacy
for
storage
in
secured
33
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emergency
pharmaceutical
supplies
containers
maintained
within
34
the
facility
in
accordance
with
rules
of
the
department
of
35
inspections
,
and
appeals
,
and
licensing
and
rules
of
the
board.
1
Sec.
1922.
Section
169.14,
subsection
1,
Code
2023,
is
2
amended
to
read
as
follows:
3
1.
The
board,
upon
its
own
motion
or
upon
a
verified
4
complaint
in
writing,
may
request
the
department
of
5
inspections
,
and
appeals
,
and
licensing
to
conduct
an
6
investigation
of
the
charges
contained
in
the
complaint.
The
7
department
of
inspections
,
and
appeals
,
and
licensing
shall
8
report
its
findings
to
the
board,
and
the
board
may
issue
an
9
order
fixing
the
time
and
place
for
hearing
if
a
hearing
is
10
deemed
warranted.
A
written
notice
of
the
time
and
place
of
11
the
hearing,
together
with
a
statement
of
the
charges,
shall
12
be
served
upon
the
licensee
at
least
ten
days
before
the
13
hearing
in
the
manner
required
for
the
service
of
notice
of
the
14
commencement
of
an
ordinary
action.
15
Sec.
1923.
Section
190B.102,
subsection
3,
Code
2023,
is
16
amended
to
read
as
follows:
17
3.
The
department
of
agriculture
and
land
stewardship,
the
18
department
of
public
health,
the
department
of
human
services,
19
and
the
department
of
inspections
,
and
appeals
,
and
licensing
20
shall
cooperate
with
the
department
of
revenue
to
administer
21
this
subchapter
.
22
Sec.
1924.
Section
217.34,
Code
2023,
is
amended
to
read
as
23
follows:
24
217.34
Debt
setoff.
25
The
investigations
division
of
the
department
of
26
inspections
,
and
appeals
,
and
licensing
and
the
department
of
27
human
services
shall
provide
assistance
to
set
off
against
a
28
person’s
or
provider’s
income
tax
refund
or
rebate
any
debt
29
which
has
accrued
through
written
contract,
nonpayment
of
30
premiums
pursuant
to
section
249A.3,
subsection
2
,
paragraph
31
“a”
,
subparagraph
(1),
subrogation,
departmental
recoupment
32
procedures,
or
court
judgment
and
which
is
in
the
form
of
a
33
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liquidated
sum
due
and
owing
the
department
of
human
services.
34
The
department
of
inspections
,
and
appeals
,
and
licensing
,
35
with
approval
of
the
department
of
human
services,
shall
adopt
1
rules
under
chapter
17A
necessary
to
assist
the
department
of
2
administrative
services
in
the
implementation
of
the
setoff
3
under
section
8A.504
in
regard
to
money
owed
to
the
state
for
4
public
assistance
overpayments
or
nonpayment
of
premiums
as
5
specified
in
this
section
.
The
department
of
human
services
6
shall
adopt
rules
under
chapter
17A
necessary
to
assist
the
7
department
of
administrative
services
in
the
implementation
of
8
the
setoff
under
section
8A.504
,
in
regard
to
collections
by
9
the
child
support
recovery
unit
and
the
foster
care
recovery
10
unit.
11
Sec.
1925.
Section
217.35,
unnumbered
paragraph
1,
Code
12
2023,
is
amended
to
read
as
follows:
13
Notwithstanding
the
requirement
for
deposit
of
recovered
14
moneys
under
section
239B.14
,
recovered
moneys
generated
15
through
fraud
and
recoupment
activities
are
appropriated
to
16
the
department
of
human
services
to
be
used
for
additional
17
fraud
and
recoupment
activities
performed
by
the
department
of
18
human
services
or
the
department
of
inspections
,
and
appeals
,
19
and
licensing
.
The
department
of
human
services
may
use
20
the
recovered
moneys
appropriated
to
add
not
more
than
five
21
full-time
equivalent
positions,
in
addition
to
those
funded
22
by
annual
appropriations.
The
appropriation
of
the
recovered
23
moneys
is
subject
to
both
of
the
following
conditions:
24
Sec.
1926.
Section
225C.4,
subsection
1,
paragraphs
t
and
u,
25
Code
2023,
are
amended
to
read
as
follows:
26
t.
In
cooperation
with
the
department
of
inspections
,
and
27
appeals
,
and
licensing
,
recommend
minimum
standards
under
28
section
227.4
for
the
care
of
and
services
to
persons
with
29
mental
illness
or
an
intellectual
disability
residing
in
county
30
care
facilities.
The
administrator
shall
also
cooperate
with
31
the
department
of
inspections
,
and
appeals
,
and
licensing
32
in
recommending
minimum
standards
for
care
of
and
services
33
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provided
to
persons
with
mental
illness
or
an
intellectual
34
disability
living
in
a
residential
care
facility
regulated
35
under
chapter
135C
.
1
u.
In
cooperation
with
the
Iowa
department
of
public
health,
2
recommend
minimum
standards
for
the
maintenance
and
operation
3
of
public
or
private
facilities
offering
disability
services,
4
which
are
not
subject
to
licensure
by
the
department
or
the
5
department
of
inspections
,
and
appeals
,
and
licensing
.
6
Sec.
1927.
Section
225C.6,
subsection
1,
paragraph
e,
Code
7
2023,
is
amended
to
read
as
follows:
8
e.
Unless
another
governmental
body
sets
standards
for
a
9
service
available
to
persons
with
disabilities,
adopt
state
10
standards
for
that
service.
The
commission
shall
review
the
11
licensing
standards
used
by
the
department
of
human
services
or
12
department
of
inspections
,
and
appeals
,
and
licensing
for
those
13
facilities
providing
disability
services.
14
Sec.
1928.
Section
225C.6,
subsection
4,
paragraph
a,
Code
15
2023,
is
amended
to
read
as
follows:
16
a.
The
department
shall
coordinate
with
the
department
of
17
inspections
,
and
appeals
,
and
licensing
in
the
establishment
18
of
facility-based
and
community-based,
subacute
mental
health
19
services.
20
Sec.
1929.
Section
227.4,
Code
2023,
is
amended
to
read
as
21
follows:
22
227.4
Standards
for
care
of
persons
with
mental
illness
or
an
23
intellectual
disability
in
county
care
facilities.
24
The
administrator,
in
cooperation
with
the
department
of
25
inspections
,
and
appeals
,
and
licensing
,
shall
recommend
26
and
the
mental
health
and
disability
services
commission
27
created
in
section
225C.5
shall
adopt,
or
amend
and
adopt,
28
standards
for
the
care
of
and
services
to
persons
with
mental
29
illness
or
an
intellectual
disability
residing
in
county
care
30
facilities.
The
standards
shall
be
enforced
by
the
department
31
of
inspections
,
and
appeals
,
and
licensing
as
a
part
of
the
32
licensure
inspection
conducted
pursuant
to
chapter
135C
.
The
33
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objective
of
the
standards
is
to
ensure
that
persons
with
34
mental
illness
or
an
intellectual
disability
who
are
residents
35
of
county
care
facilities
are
not
only
adequately
fed,
clothed,
1
and
housed,
but
are
also
offered
reasonable
opportunities
for
2
productive
work
and
recreational
activities
suited
to
their
3
physical
and
mental
abilities
and
offering
both
a
constructive
4
outlet
for
their
energies
and,
if
possible,
therapeutic
5
benefit.
When
recommending
standards
under
this
section
,
6
the
administrator
shall
designate
an
advisory
committee
7
representing
administrators
of
county
care
facilities,
regional
8
administrators,
mental
health
and
disability
services
region
9
governing
boards,
and
county
care
facility
certified
volunteer
10
long-term
care
ombudsmen
to
assist
in
the
establishment
of
11
standards.
12
Sec.
1930.
Section
231.42,
subsections
4
and
10,
Code
2023,
13
are
amended
to
read
as
follows:
14
4.
Referrals
of
abuse,
neglect,
or
exploitation.
15
a.
If
abuse,
neglect,
or
exploitation
of
a
resident
or
16
tenant
is
suspected,
the
state
or
a
local
long-term
care
17
ombudsman
shall,
with
the
permission
of
the
resident
or
tenant
18
as
applicable
under
federal
law,
make
an
immediate
referral
to
19
the
department
of
inspections
,
and
appeals
,
and
licensing
,
the
20
department
of
human
services,
the
department
on
aging,
or
the
21
appropriate
law
enforcement
agency,
as
applicable.
22
b.
If
the
department
of
inspections
,
and
appeals
,
and
23
licensing
responds
to
a
complaint
referred
by
the
state
or
24
a
local
long-term
care
ombudsman
against
a
long-term
care
25
facility,
assisted
living
program,
elder
group
home,
or
an
26
employee
of
such
entity,
copies
of
related
inspection
reports,
27
plans
of
correction,
and
notice
of
any
citations
and
sanctions
28
levied
against
the
facility,
program,
or
home
shall
be
29
forwarded
to
the
office
of
long-term
care
ombudsman.
30
10.
Change
in
operations.
A
long-term
care
facility,
31
assisted
living
program,
or
elder
group
home
shall
inform
the
32
office
of
long-term
care
ombudsman
in
writing
at
least
thirty
33
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days
prior
to
any
change
in
operations,
programs,
services,
34
licensure,
or
certification
that
affects
residents
or
tenants,
35
including
but
not
limited
to
the
intention
to
close,
decertify,
1
or
change
ownership.
In
an
emergency
situation,
or
when
a
2
long-term
care
facility,
assisted
living
program,
or
elder
3
group
home
is
evacuated,
the
department
of
inspections
,
and
4
appeals
,
and
licensing
shall
notify
the
office
of
long-term
5
care
ombudsman.
6
Sec.
1931.
Section
231.58,
Code
2023,
is
amended
to
read
as
7
follows:
8
231.58
Long-term
living
coordination.
9
The
director
may
convene
meetings,
as
necessary,
of
the
10
director
and
the
directors
of
human
services,
public
health,
11
and
inspections
,
and
appeals
,
and
licensing
,
to
assist
in
12
the
coordination
of
policy,
service
delivery,
and
long-range
13
planning
relating
to
the
long-term
living
system
and
older
14
Iowans
in
the
state.
The
group
may
consult
with
individuals,
15
institutions
and
entities
with
expertise
in
the
area
of
the
16
long-term
living
system
and
older
Iowans,
as
necessary,
to
17
facilitate
the
group’s
efforts.
18
Sec.
1932.
Section
231B.1,
subsection
1,
Code
2023,
is
19
amended
to
read
as
follows:
20
1.
“Department”
means
the
department
of
inspections
,
and
21
appeals
,
and
licensing
or
the
department’s
designee.
22
Sec.
1933.
Section
231C.2,
subsection
4,
Code
2023,
is
23
amended
to
read
as
follows:
24
4.
“Department”
means
the
department
of
inspections
,
and
25
appeals
,
and
licensing
or
the
department’s
designee.
26
Sec.
1934.
Section
231C.5A,
Code
2023,
is
amended
to
read
27
as
follows:
28
231C.5A
Assessment
of
tenants
——
program
eligibility.
29
An
assisted
living
program
receiving
reimbursement
through
30
the
medical
assistance
program
under
chapter
249A
shall
31
assist
the
department
of
veterans
affairs
in
identifying,
upon
32
admission
of
a
tenant,
the
tenant’s
eligibility
for
benefits
33
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through
the
United
States
department
of
veterans
affairs.
The
34
assisted
living
program
shall
also
assist
the
commission
of
35
veterans
affairs
in
determining
such
eligibility
for
tenants
1
residing
in
the
program
on
July
1,
2009.
The
department
2
of
inspections
,
and
appeals
,
and
licensing
,
in
cooperation
3
with
the
department
of
human
services,
shall
adopt
rules
to
4
administer
this
section
,
including
a
provision
that
ensures
5
that
if
a
tenant
is
eligible
for
benefits
through
the
United
6
States
department
of
veterans
affairs
or
other
third-party
7
payor,
the
payor
of
last
resort
for
reimbursement
to
the
8
assisted
living
program
is
the
medical
assistance
program.
9
The
rules
shall
also
require
the
assisted
living
program
10
to
request
information
from
a
tenant
or
tenant’s
personal
11
representative
regarding
the
tenant’s
veteran
status
and
to
12
report
to
the
department
of
veterans
affairs
only
the
names
of
13
tenants
identified
as
potential
veterans
along
with
the
names
14
of
their
spouses
and
any
dependents.
Information
reported
by
15
the
assisted
living
program
shall
be
verified
by
the
department
16
of
veterans
affairs.
17
Sec.
1935.
Section
231D.1,
subsection
3,
Code
2023,
is
18
amended
to
read
as
follows:
19
3.
“Department”
means
the
department
of
inspections
,
and
20
appeals
,
and
licensing
.
21
Sec.
1936.
Section
232.142,
subsection
5,
Code
2023,
is
22
amended
to
read
as
follows:
23
5.
The
director,
the
director
of
the
department
of
human
24
rights,
or
a
designee
of
the
director
of
the
department
of
25
human
rights
shall
approve
annually
all
such
homes
established
26
and
maintained
under
the
provisions
of
this
chapter
.
A
home
27
shall
not
be
approved
unless
it
complies
with
minimal
rules
and
28
standards
adopted
by
the
director
and
has
been
inspected
by
the
29
department
of
inspections
,
and
appeals
,
and
licensing
.
The
30
statewide
number
of
beds
in
the
homes
approved
by
the
director
31
shall
not
exceed
two
hundred
seventy-two
beds
beginning
July
1,
32
2017.
This
subsection
is
repealed
July
1,
2023.
33
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Sec.
1937.
Section
234.12,
subsection
3,
Code
2023,
is
34
amended
to
read
as
follows:
35
3.
Upon
request
by
the
department
of
human
services,
the
1
department
of
inspections
,
and
appeals
,
and
licensing
shall
2
conduct
investigations
into
possible
fraudulent
practices,
3
as
described
in
section
234.13
,
relating
to
food
programs
4
administered
by
the
department
of
human
services.
5
Sec.
1938.
Section
235.5,
Code
2023,
is
amended
to
read
as
6
follows:
7
235.5
Inspections.
8
The
department
of
inspections
,
and
appeals
,
and
licensing
9
shall
conduct
inspections
of
private
institutions
for
the
care
10
of
dependent,
neglected,
and
delinquent
children
in
accordance
11
with
procedures
established
pursuant
to
chapters
10A
and
17A
.
12
Sec.
1939.
Section
235A.15,
subsection
2,
paragraph
e,
13
subparagraph
(17),
Code
2023,
is
amended
to
read
as
follows:
14
(17)
To
the
department
of
inspections
,
and
appeals
,
and
15
licensing
for
purposes
of
record
checks
of
applicants
for
16
employment
with
the
department
of
inspections
,
and
appeals
,
and
17
licensing
.
18
Sec.
1940.
Section
235A.15,
subsection
2,
paragraph
d,
19
subparagraph
(7),
Code
2023,
is
amended
to
read
as
follows:
20
(7)
Each
licensing
board
specified
under
chapter
147
and
21
the
Iowa
department
of
public
health
inspections,
appeals,
22
and
licensing
for
the
purpose
of
licensure,
certification
or
23
registration,
disciplinary
investigation,
or
the
renewal
of
24
licensure,
certification
or
registration,
or
disciplinary
25
proceedings
of
health
care
professionals.
26
Sec.
1941.
Section
235A.16,
subsection
2,
paragraph
b,
Code
27
2023,
is
amended
to
read
as
follows:
28
b.
The
department
of
inspections
,
and
appeals
,
and
licensing
29
may
provide
access
to
the
single
contact
repository
established
30
under
section
135C.33,
subsection
7
,
for
criminal
and
abuse
31
history
checks
made
by
those
employers,
agencies,
and
other
32
persons
that
are
authorized
access
to
child
abuse
information
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under
section
235A.15
and
are
required
by
law
to
perform
such
34
checks.
35
Sec.
1942.
Section
235B.1,
subsection
4,
paragraph
a,
1
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
2
(1)
Advise
the
director
of
human
services,
the
director
3
of
the
department
on
aging,
the
director
of
inspections
,
and
4
appeals
,
and
licensing
,
the
director
of
public
health,
the
5
director
of
the
department
of
corrections,
and
the
director
of
6
human
rights
regarding
dependent
adult
abuse.
7
Sec.
1943.
Section
235B.1,
subsection
4,
paragraph
b,
8
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
9
(1)
The
advisory
council
shall
consist
of
twelve
members.
10
Eight
members
shall
be
appointed
by
and
serve
at
the
pleasure
11
of
the
governor.
Four
of
the
members
appointed
shall
be
12
appointed
on
the
basis
of
knowledge
and
skill
related
to
13
expertise
in
the
area
of
dependent
adult
abuse
including
14
professionals
practicing
in
the
disciplines
of
medicine,
public
15
health,
mental
health,
long-term
care,
social
work,
law,
16
and
law
enforcement.
Two
of
the
members
appointed
shall
be
17
members
of
the
general
public
with
an
interest
in
the
area
of
18
dependent
adult
abuse
and
two
of
the
members
appointed
shall
19
be
members
of
the
Iowa
caregivers
association.
In
addition,
20
the
membership
of
the
council
shall
include
the
director
or
the
21
director’s
designee
of
the
department
of
human
services,
the
22
department
on
aging,
the
Iowa
department
of
public
health,
and
23
the
department
of
inspections
,
and
appeals
,
and
licensing
.
24
Sec.
1944.
Section
235B.3,
subsection
1,
paragraph
a,
25
subparagraphs
(2),
(3),
and
(4),
Code
2023,
are
amended
to
read
26
as
follows:
27
(2)
However,
the
department
of
inspections
,
and
appeals
,
28
and
licensing
is
solely
responsible
for
the
evaluation
and
29
disposition
of
dependent
adult
abuse
cases
within
facilities
30
and
programs
pursuant
to
chapter
235E
and
shall
inform
31
the
department
of
human
services
of
such
evaluations
and
32
dispositions
pursuant
to
section
235E.2
.
33
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(3)
If,
in
the
course
of
an
assessment
or
evaluation
34
of
a
report
of
dependent
adult
abuse,
the
department
of
35
human
services
or
the
department
of
inspections
and
appeals
1
determines
the
case
involves
wages,
workplace
safety,
or
2
other
labor
and
employment
matters
under
the
jurisdiction
of
3
the
department
of
inspections,
appeals,
and
licensing
or
the
4
division
of
labor
services
of
the
department
of
workforce
5
development
inspections,
appeals,
and
licensing
,
the
relevant
6
portions
of
the
case
shall
be
referred
to
the
department
7
of
inspections,
appeals,
and
licensing
or
the
division
,
as
8
applicable
.
9
(4)
If,
in
the
course
of
an
assessment
or
evaluation
of
10
a
report
of
dependent
adult
abuse,
the
department
of
human
11
services
or
the
department
of
inspections
,
and
appeals
,
and
12
licensing
determines
that
the
case
involves
discrimination
13
under
the
jurisdiction
of
the
civil
rights
commission,
14
the
relevant
portions
of
the
case
shall
be
referred
to
the
15
commission.
16
Sec.
1945.
Section
235B.3,
subsection
10,
paragraph
a,
Code
17
2023,
is
amended
to
read
as
follows:
18
a.
If,
upon
completion
of
the
evaluation
or
upon
referral
19
from
the
department
of
inspections
,
and
appeals
,
and
20
licensing
,
the
department
determines
that
the
best
interests
21
of
the
dependent
adult
require
court
action,
the
department
22
shall
initiate
action
for
the
appointment
of
a
guardian
or
23
conservator
or
for
admission
or
commitment
to
an
appropriate
24
institution
or
facility
pursuant
to
the
applicable
procedures
25
under
chapter
125
,
222
,
229
,
or
633
,
or
shall
pursue
other
26
remedies
provided
by
law.
The
appropriate
county
attorney
27
shall
assist
the
department
in
the
preparation
of
the
necessary
28
papers
to
initiate
the
action
and
shall
appear
and
represent
29
the
department
at
all
district
court
proceedings.
30
Sec.
1946.
Section
235B.3,
subsection
14,
Code
2023,
is
31
amended
to
read
as
follows:
32
14.
The
department
of
inspections
,
and
appeals
,
and
33
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licensing
shall
adopt
rules
which
require
facilities
or
34
programs
to
separate
an
alleged
dependent
adult
abuser
from
a
35
victim
following
an
allegation
of
perpetration
of
abuse
and
1
prior
to
the
completion
of
an
investigation
of
the
allegation.
2
Sec.
1947.
Section
235B.5,
subsection
5,
Code
2023,
is
3
amended
to
read
as
follows:
4
5.
An
oral
report
of
suspected
dependent
adult
abuse
5
initially
made
to
the
central
registry
regarding
a
facility
or
6
program
as
defined
in
section
235E.1
shall
be
transmitted
by
7
the
department
to
the
department
of
inspections
,
and
appeals
,
8
and
licensing
on
the
first
working
day
following
the
submitting
9
of
the
report.
10
Sec.
1948.
Section
235B.6,
subsection
2,
paragraph
e,
11
subparagraph
(9),
Code
2023,
is
amended
to
read
as
follows:
12
(9)
The
department
of
inspections
,
and
appeals
,
and
13
licensing
for
purposes
of
record
checks
of
applicants
for
14
employment
with
the
department
of
inspections
,
and
appeals
,
and
15
licensing
.
16
Sec.
1949.
Section
235B.7,
subsection
2,
paragraph
b,
Code
17
2023,
is
amended
to
read
as
follows:
18
b.
The
department
of
inspections
,
and
appeals
,
and
licensing
19
may
provide
access
to
the
single
contact
repository
established
20
under
section
135C.33,
subsection
7
,
for
criminal
and
abuse
21
history
checks
made
by
those
employers,
agencies,
and
other
22
persons
that
are
authorized
access
to
dependent
adult
abuse
23
information
under
section
235B.6
and
are
required
by
law
to
24
perform
such
checks.
25
Sec.
1950.
Section
235B.16,
subsections
2
and
4,
Code
2023,
26
are
amended
to
read
as
follows:
27
2.
The
department,
in
cooperation
with
the
department
28
on
aging
and
the
department
of
inspections
,
and
appeals
,
and
29
licensing
,
shall
institute
a
program
of
education
and
training
30
for
persons,
including
members
of
provider
groups
and
family
31
members,
who
may
come
in
contact
with
dependent
adult
abuse.
32
The
program
shall
include
but
is
not
limited
to
instruction
33
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regarding
recognition
of
dependent
adult
abuse
and
the
34
procedure
for
the
reporting
of
suspected
abuse.
35
4.
The
department
of
inspections
,
and
appeals
,
and
1
licensing
shall
provide
training
to
investigators
regarding
2
the
collection
and
preservation
of
evidence
in
the
case
of
3
suspected
dependent
adult
abuse.
4
Sec.
1951.
Section
235B.16A,
subsection
4,
Code
2023,
is
5
amended
to
read
as
follows:
6
4.
The
department
of
human
services
shall
cooperate
with
7
the
department
on
aging,
the
departments
of
inspections
,
and
8
appeals
,
and
licensing
,
public
health,
public
safety,
and
9
workforce
development,
the
civil
rights
commission,
and
other
10
state
and
local
agencies
performing
inspections
or
otherwise
11
visiting
residential
settings
where
dependent
adults
live,
12
to
regularly
provide
training
to
the
appropriate
staff
in
13
the
agencies
concerning
each
agency’s
procedures
involving
14
dependent
adults,
and
to
build
awareness
concerning
dependent
15
adults
and
reporting
of
dependent
adult
abuse.
16
Sec.
1952.
Section
235E.1,
subsection
3,
Code
2023,
is
17
amended
to
read
as
follows:
18
3.
“Department”
means
the
department
of
inspections
,
and
19
appeals
,
and
licensing
.
20
Sec.
1953.
Section
235E.2,
subsection
5,
Code
2023,
is
21
amended
to
read
as
follows:
22
5.
Any
other
person
who
believes
that
a
dependent
adult
23
has
suffered
dependent
adult
abuse
may
report
the
suspected
24
dependent
adult
abuse
to
the
department
of
inspections
,
and
25
appeals
,
and
licensing
.
The
department
of
inspections
,
and
26
appeals
,
and
licensing
shall
transfer
any
reports
received
27
of
dependent
adult
abuse
in
the
community
to
the
department
28
of
human
services.
The
department
of
human
services
shall
29
transfer
any
reports
received
of
dependent
adult
abuse
in
30
facilities
or
programs
to
the
department
of
inspections
,
and
31
appeals
,
and
licensing
.
32
Sec.
1954.
Section
235F.6,
subsection
4,
Code
2023,
is
33
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amended
to
read
as
follows:
34
4.
The
court
may
approve
a
consent
agreement
between
the
35
parties
entered
into
to
bring
about
the
cessation
of
elder
1
abuse.
A
consent
agreement
approved
under
this
section
shall
2
not
contain
any
of
the
following:
3
a.
A
provision
that
prohibits
any
party
to
the
action
4
from
contacting
or
cooperating
with
any
government
agency
5
including
the
department
of
human
services,
the
department
of
6
inspections
,
and
appeals
,
and
licensing
,
the
department
on
7
aging,
the
department
of
justice,
law
enforcement,
and
the
8
office
of
long-term
care
ombudsman;
a
licensing
or
regulatory
9
agency
that
has
jurisdiction
over
any
license
or
certification
10
held
by
the
defendant;
a
protection
and
advocacy
agency
11
recognized
in
section
135C.2
;
or
the
defendant’s
current
12
employer
if
the
defendant’s
professional
responsibilities
13
include
contact
with
vulnerable
elders,
dependent
adults,
or
14
minors,
if
the
party
contacting
or
cooperating
has
a
good-faith
15
belief
that
the
information
is
relevant
to
the
duties
or
16
responsibilities
of
the
entity.
17
b.
A
provision
that
prohibits
any
party
to
the
action
18
from
filing
a
complaint
with
or
reporting
a
violation
of
law
19
to
any
government
agency
including
the
department
of
human
20
services,
the
department
of
inspections
,
and
appeals
,
and
21
licensing
,
the
department
on
aging,
the
department
of
justice,
22
law
enforcement,
and
the
office
of
long-term
care
ombudsman;
a
23
licensing
or
regulatory
agency
that
has
jurisdiction
over
any
24
license
or
certification
held
by
the
defendant;
a
protection
25
and
advocacy
agency
recognized
in
section
135C.2
;
or
the
26
defendant’s
current
employer.
27
c.
A
provision
that
requires
any
party
to
the
action
28
to
withdraw
a
complaint
filed
with
or
a
violation
reported
29
to
any
government
agency
including
the
department
of
human
30
services,
the
department
of
inspections
,
and
appeals
,
and
31
licensing
,
the
department
on
aging,
the
department
of
justice,
32
law
enforcement,
and
the
office
of
long-term
care
ombudsman;
a
33
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licensing
or
regulatory
agency
that
has
jurisdiction
over
any
34
license
or
certification
held
by
the
defendant;
a
protection
35
and
advocacy
agency
recognized
in
section
135C.2
;
or
the
1
defendant’s
current
employer.
2
Sec.
1955.
Section
237.7,
Code
2023,
is
amended
to
read
as
3
follows:
4
237.7
Reports
and
inspections.
5
The
administrator
may
require
submission
of
reports
by
a
6
licensee,
and
shall
cause
at
least
one
annual
unannounced
7
inspection
of
each
facility
to
assess
the
quality
of
the
8
living
situation
and
to
determine
compliance
with
applicable
9
requirements
and
standards.
The
inspections
shall
be
conducted
10
by
the
department
of
inspections
,
and
appeals
,
and
licensing
.
11
The
director
of
the
department
of
inspections
,
and
appeals
,
and
12
licensing
may
examine
records
of
a
licensee,
including
but
not
13
limited
to
corporate
records
and
board
minutes,
and
may
inquire
14
into
matters
concerning
a
licensee
and
its
employees
relating
15
to
requirements
and
standards
for
child
foster
care
under
this
16
chapter
.
17
Sec.
1956.
Section
237A.1,
subsection
3,
paragraph
d,
Code
18
2023,
is
amended
to
read
as
follows:
19
d.
A
child
care
center
for
sick
children
operated
as
part
20
of
a
pediatrics
unit
in
a
hospital
licensed
by
the
department
21
of
inspections
,
and
appeals
,
and
licensing
pursuant
to
chapter
22
135B
.
23
Sec.
1957.
Section
237A.8,
Code
2023,
is
amended
to
read
as
24
follows:
25
237A.8
Violations
——
actions
against
license
or
registration.
26
The
administrator,
after
notice
and
opportunity
for
an
27
evidentiary
hearing
before
the
department
of
inspections
,
and
28
appeals
,
and
licensing
,
may
suspend
or
revoke
a
license
or
29
certificate
of
registration
issued
under
this
chapter
or
may
30
reduce
a
license
to
a
provisional
license
if
the
person
to
whom
31
a
license
or
certificate
is
issued
violates
a
provision
of
this
32
chapter
or
if
the
person
makes
false
reports
regarding
the
33
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operation
of
the
child
care
facility
to
the
administrator
or
a
34
designee
of
the
administrator.
The
administrator
shall
notify
35
the
parent,
guardian,
or
legal
custodian
of
each
child
for
whom
1
the
person
provides
child
care
at
the
time
of
action
to
suspend
2
or
revoke
a
license
or
certificate
of
registration.
3
Sec.
1958.
Section
237A.29,
subsection
2,
paragraph
b,
4
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
5
follows:
6
A
child
care
provider
that
has
been
found
by
the
department
7
of
inspections
,
and
appeals
,
and
licensing
in
an
administrative
8
proceeding
or
in
a
judicial
proceeding
to
have
obtained,
or
has
9
agreed
to
entry
of
a
civil
judgment
or
judgment
by
confession
10
that
includes
a
conclusion
of
law
that
the
child
care
provider
11
has
obtained,
by
fraudulent
means,
public
funding
for
provision
12
of
child
care
in
an
amount
equal
to
or
in
excess
of
the
minimum
13
amount
for
a
fraudulent
practice
in
the
second
degree
under
14
section
714.10,
subsection
1
,
paragraph
“a”
,
shall
be
subject
15
to
sanction
in
accordance
with
this
subsection
.
Such
child
16
care
provider
shall
be
subject
to
a
period
during
which
receipt
17
of
public
funding
for
provision
of
child
care
is
conditioned
18
upon
no
further
violations
and
to
one
or
more
of
the
following
19
sanctions
as
determined
by
the
department
of
human
services:
20
Sec.
1959.
Section
237C.3,
subsection
1,
Code
2023,
is
21
amended
to
read
as
follows:
22
1.
The
department
of
human
services
shall
consult
with
23
the
department
of
education,
the
department
of
inspections
,
24
and
appeals
,
and
licensing
,
the
department
of
public
health,
25
the
state
fire
marshal,
and
other
agencies
as
determined
by
26
the
department
of
human
services
to
establish
certification
27
standards
for
children’s
residential
facilities
in
accordance
28
with
this
chapter
.
29
Sec.
1960.
Section
237C.8,
Code
2023,
is
amended
to
read
as
30
follows:
31
237C.8
Reports
and
inspections.
32
The
administrator
may
require
submission
of
reports
by
a
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certificate
of
approval
holder
and
shall
cause
at
least
one
34
annual
unannounced
inspection
of
a
children’s
residential
35
facility
to
assess
compliance
with
applicable
requirements
1
and
standards.
The
inspections
shall
be
conducted
by
the
2
department
of
inspections
,
and
appeals
,
and
licensing
in
3
addition
to
initial,
renewal,
and
other
inspections
that
result
4
from
complaints
or
self-reported
incidents.
The
department
of
5
inspections
,
and
appeals
,
and
licensing
and
the
department
of
6
human
services
may
examine
records
of
a
children’s
residential
7
facility
and
may
inquire
into
matters
concerning
the
children’s
8
residential
facility
and
its
employees,
volunteers,
and
9
subcontractors
relating
to
requirements
and
standards
for
10
children’s
residential
facilities
under
this
chapter
.
11
Sec.
1961.
Section
238.19,
Code
2023,
is
amended
to
read
as
12
follows:
13
238.19
Inspection
generally.
14
Authorized
employees
of
the
department
of
inspections
,
and
15
appeals
,
and
licensing
may
inspect
the
premises
and
conditions
16
of
the
agency
at
any
time
and
examine
every
part
of
the
agency;
17
and
may
inquire
into
all
matters
concerning
the
agency
and
the
18
children
in
the
care
of
the
agency.
19
Sec.
1962.
Section
238.20,
Code
2023,
is
amended
to
read
as
20
follows:
21
238.20
Minimum
inspection
——
record.
22
Authorized
employees
of
the
department
of
inspections
,
and
23
appeals
,
and
licensing
shall
visit
and
inspect
the
premises
24
of
licensed
child-placing
agencies
at
least
once
every
twelve
25
months
and
make
and
preserve
written
reports
of
the
conditions
26
found.
27
Sec.
1963.
Section
239B.16,
Code
2023,
is
amended
to
read
28
as
follows:
29
239B.16
Appeal
——
judicial
review.
30
If
an
applicant’s
application
is
not
acted
upon
within
a
31
reasonable
time,
if
it
is
denied
in
whole
or
in
part,
or
if
a
32
participant’s
assistance
or
other
benefits
under
this
chapter
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are
modified,
suspended,
or
canceled
under
a
provision
of
34
this
chapter
,
the
applicant
or
participant
may
appeal
to
the
35
department
of
human
services
which
shall
request
the
department
1
of
inspections
,
and
appeals
,
and
licensing
to
conduct
a
2
hearing.
Upon
completion
of
a
hearing,
the
department
of
3
inspections
,
and
appeals
,
and
licensing
shall
issue
a
decision
4
which
is
subject
to
review
by
the
department
of
human
services.
5
Judicial
review
of
the
actions
of
the
department
of
human
6
services
may
be
sought
in
accordance
with
chapter
17A
.
Upon
7
receipt
of
a
notice
of
the
filing
of
a
petition
for
judicial
8
review,
the
department
of
human
services
shall
furnish
the
9
petitioner
with
a
copy
of
any
papers
filed
in
support
of
the
10
petitioner’s
position,
a
transcript
of
any
testimony
taken,
and
11
a
copy
of
the
department’s
decision.
12
Sec.
1964.
Section
249.5,
Code
2023,
is
amended
to
read
as
13
follows:
14
249.5
Judicial
review.
15
If
an
application
is
not
acted
upon
within
a
reasonable
16
time,
if
it
is
denied
in
whole
or
in
part,
or
if
an
award
17
of
assistance
is
modified,
suspended,
or
canceled
under
a
18
provision
of
this
chapter
,
the
applicant
or
recipient
may
19
appeal
to
the
department
of
human
services,
which
shall
request
20
the
department
of
inspections
,
and
appeals
,
and
licensing
21
to
conduct
a
hearing.
Upon
completion
of
a
hearing,
the
22
department
of
inspections
,
and
appeals
,
and
licensing
shall
23
issue
a
decision
which
is
subject
to
review
by
the
department
24
of
human
services.
Judicial
review
of
the
actions
of
the
25
department
of
human
services
may
be
sought
in
accordance
with
26
chapter
17A
.
Upon
receipt
of
the
petition
for
judicial
review,
27
the
department
of
human
services
shall
furnish
the
petitioner
28
with
a
copy
of
any
papers
filed
by
the
petitioner
in
support
of
29
the
petitioner’s
position,
a
transcript
of
any
testimony
taken,
30
and
a
copy
of
the
department’s
decision.
31
Sec.
1965.
Section
249.11,
subsection
2,
Code
2023,
is
32
amended
to
read
as
follows:
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2.
The
department
of
inspections
,
and
appeals
,
and
34
licensing
shall
conduct
investigations
and
audits
as
deemed
35
necessary
to
ensure
compliance
with
state
supplementary
1
assistance
programs
administered
under
this
chapter
.
The
2
department
of
inspections
,
and
appeals
,
and
licensing
shall
3
cooperate
with
the
department
of
human
services
on
the
4
development
of
procedures
relating
to
such
investigations
and
5
audits
to
ensure
compliance
with
federal
and
state
single
state
6
agency
requirements.
7
Sec.
1966.
Section
249A.4,
subsection
11,
Code
2023,
is
8
amended
to
read
as
follows:
9
11.
Shall
provide
an
opportunity
for
a
fair
hearing
before
10
the
department
of
inspections
,
and
appeals
,
and
licensing
11
to
an
individual
whose
claim
for
medical
assistance
under
12
this
chapter
is
denied
or
is
not
acted
upon
with
reasonable
13
promptness.
Upon
completion
of
a
hearing,
the
department
of
14
inspections
,
and
appeals
,
and
licensing
shall
issue
a
decision
15
which
is
subject
to
review
by
the
department
of
human
services.
16
Judicial
review
of
the
decisions
of
the
department
of
human
17
services
may
be
sought
in
accordance
with
chapter
17A
.
If
18
a
petition
for
judicial
review
is
filed,
the
department
of
19
human
services
shall
furnish
the
petitioner
with
a
copy
of
20
the
application
and
all
supporting
papers,
a
transcript
of
21
the
testimony
taken
at
the
hearing,
if
any,
and
a
copy
of
its
22
decision.
23
Sec.
1967.
Section
249A.50,
subsection
2,
Code
2023,
is
24
amended
to
read
as
follows:
25
2.
The
department
of
inspections
,
and
appeals
,
and
26
licensing
shall
conduct
investigations
and
audits
as
deemed
27
necessary
to
ensure
compliance
with
the
medical
assistance
28
program
administered
under
this
chapter
.
The
department
29
of
inspections
,
and
appeals
,
and
licensing
shall
cooperate
30
with
the
department
of
human
services
on
the
development
of
31
procedures
relating
to
such
investigations
and
audits
to
32
ensure
compliance
with
federal
and
state
single
state
agency
33
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requirements.
34
Sec.
1968.
Section
249A.50,
subsection
3,
paragraph
a,
Code
35
2023,
is
amended
to
read
as
follows:
1
a.
A
Medicaid
fraud
fund
is
created
in
the
state
treasury
2
under
the
authority
of
the
department
of
inspections
,
and
3
appeals
,
and
licensing
.
Moneys
from
penalties,
investigative
4
costs
recouped
by
the
Medicaid
fraud
control
unit,
and
other
5
amounts
received
as
a
result
of
prosecutions
involving
6
the
department
of
inspections
,
and
appeals
,
and
licensing
7
investigations
and
audits
to
ensure
compliance
with
the
medical
8
assistance
program
that
are
not
credited
to
the
program
shall
9
be
credited
to
the
fund.
10
Sec.
1969.
Section
321.11,
subsections
3
and
4,
Code
2023,
11
are
amended
to
read
as
follows:
12
3.
Notwithstanding
other
provisions
of
this
section
to
the
13
contrary,
the
department
shall
not
release
personal
information
14
to
a
person,
other
than
to
an
officer
or
employee
of
a
law
15
enforcement
agency,
an
employee
of
a
federal
or
state
agency
16
or
political
subdivision
in
the
performance
of
the
employee’s
17
official
duties,
a
contract
employee
of
the
department
of
18
inspections
,
and
appeals
,
and
licensing
in
the
conduct
of
an
19
investigation,
or
a
licensed
private
investigation
agency
20
or
a
licensed
security
service
or
a
licensed
employee
of
21
either,
if
the
information
is
requested
by
the
presentation
22
of
a
registration
plate
number.
In
addition,
an
officer
or
23
employee
of
a
law
enforcement
agency
may
release
the
name,
24
address,
and
telephone
number
of
a
motor
vehicle
registrant
to
25
a
person
requesting
the
information
by
the
presentation
of
a
26
registration
plate
number
if
the
officer
or
employee
of
the
law
27
enforcement
agency
believes
that
the
release
of
the
information
28
is
necessary
in
the
performance
of
the
officer’s
or
employee’s
29
duties.
30
4.
The
department
shall
not
release
personal
information
31
that
is
in
the
form
of
a
person’s
photograph
or
digital
32
image
or
a
digital
reproduction
of
a
person’s
photograph
to
a
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person
other
than
an
officer
or
employee
of
a
law
enforcement
34
agency,
an
employee
of
a
federal
or
state
agency
or
political
35
subdivision
in
the
performance
of
the
employee’s
official
1
duties,
a
contract
employee
of
the
department
of
inspections
,
2
and
appeals
,
and
licensing
in
the
conduct
of
an
investigation,
3
or
a
licensed
private
investigation
agency
or
a
licensed
4
security
service
or
a
licensed
employee
of
either,
regardless
5
of
whether
a
person
has
provided
express
written
consent
to
6
disclosure
of
the
information.
The
department
may
collect
7
reasonable
fees
for
copies
of
records
or
other
services
8
provided
pursuant
to
this
section
or
section
22.3
,
321.10
,
or
9
622.46
.
10
Sec.
1970.
Section
321.19,
subsection
1,
paragraph
c,
11
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
12
(3)
Persons
in
the
department
of
justice,
the
alcoholic
13
beverages
division
of
the
department
of
commerce,
disease
14
investigators
of
the
Iowa
department
of
public
health,
the
15
department
of
inspections
,
and
appeals
,
and
licensing
,
and
the
16
department
of
revenue,
who
are
regularly
assigned
to
conduct
17
investigations
which
cannot
reasonably
be
conducted
with
a
18
vehicle
displaying
“official”
state
registration
plates.
19
Sec.
1971.
Section
321.211,
subsection
1,
Code
2023,
is
20
amended
to
read
as
follows:
21
1.
Upon
suspending
the
license
of
a
person
as
authorized,
22
the
department
shall
immediately
notify
the
licensee
in
writing
23
and
upon
the
licensee’s
request
shall
afford
the
licensee
an
24
opportunity
for
a
hearing
before
the
department
of
inspections
,
25
and
appeals
,
and
licensing
as
early
as
practical
within
26
thirty
days
after
receipt
of
the
request.
The
hearing
shall
27
be
held
by
telephone
conference
unless
the
licensee
and
the
28
department
of
inspections
,
and
appeals
,
and
licensing
agree
to
29
hold
the
hearing
in
the
county
in
which
the
licensee
resides
30
or
in
some
other
county.
Upon
the
hearing
the
department
of
31
inspections
,
and
appeals
,
and
licensing
may
administer
oaths
32
and
issue
subpoenas
for
the
attendance
of
witnesses
and
the
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production
of
relevant
books
and
papers
and
may
require
a
34
reexamination
of
the
licensee.
Upon
the
hearing
and
issuance
35
of
a
recommendation
by
the
department
of
inspections
,
and
1
appeals
,
and
licensing
,
the
state
department
of
transportation
2
shall
either
rescind
its
order
of
suspension
or
for
good
cause
3
may
extend
the
suspension
of
the
license
or
revoke
the
license.
4
This
section
does
not
preclude
the
director
from
attempting
to
5
effect
an
informal
settlement
under
chapter
17A
.
6
Sec.
1972.
Section
322.9,
subsection
1,
Code
2023,
is
7
amended
to
read
as
follows:
8
1.
The
department
may
revoke
or
suspend
the
license
of
a
9
retail
motor
vehicle
dealer
if,
after
notice
and
hearing
by
the
10
department
of
inspections
,
and
appeals
,
and
licensing
,
it
finds
11
that
the
licensee
has
been
guilty
of
an
act
which
would
be
a
12
ground
for
the
denial
of
a
license
under
section
322.6
.
13
Sec.
1973.
Section
322.9,
subsection
2,
unnumbered
14
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
15
The
department
may
revoke
or
suspend
the
license
of
a
retail
16
motor
vehicle
dealer
if,
after
notice
and
hearing
by
the
17
department
of
inspections
,
and
appeals
,
and
licensing
,
it
finds
18
that
the
licensee
has
been
convicted
or
has
forfeited
bail
on
19
three
charges
of:
20
Sec.
1974.
Section
322.24,
subsection
1,
Code
2023,
is
21
amended
to
read
as
follows:
22
1.
The
state
department
of
transportation
and
the
23
department
of
inspections
,
and
appeals
,
and
licensing
may
24
issue
subpoenas
to
compel
the
attendance
of
witnesses
and
the
25
production
of
documents,
papers,
books,
records,
and
other
26
evidence
in
any
matter
over
which
the
respective
department
27
has
jurisdiction,
control,
or
supervision
pertaining
to
this
28
chapter
.
29
Sec.
1975.
Section
322A.3A,
subsection
4,
paragraph
b,
Code
30
2023,
is
amended
to
read
as
follows:
31
b.
After
a
hearing
held
as
described
in
this
subsection
,
32
the
department
of
inspections
,
and
appeals
,
and
licensing
33
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may
affirm,
deny,
or
modify
the
proposed
alteration
of
a
34
franchisee’s
community,
may
enter
any
other
orders
necessary
35
to
ensure
that
an
alteration
of
the
franchisee’s
community
is
1
reasonable
in
light
of
all
the
relevant
circumstances,
and
2
may
assess
the
costs
of
the
hearing
among
the
parties
to
the
3
hearing
as
appropriate.
4
Sec.
1976.
Section
322A.5,
subsection
2,
paragraph
b,
5
subparagraph
(3),
subparagraph
division
(b),
Code
2023,
is
6
amended
to
read
as
follows:
7
(b)
Within
thirty
days
of
receiving
the
franchisee’s
8
submission,
the
franchiser
may
choose
to
audit
the
submitted
9
orders.
The
franchiser
shall
then
approve
or
deny
the
10
establishment
of
the
franchisee’s
average
percentage
markup
11
or
labor
rate.
If
the
franchiser
approves
the
establishment
12
of
the
franchisee’s
average
percentage
markup
or
labor
rate,
13
the
markup
or
rate
calculated
under
this
subparagraph
shall
go
14
into
effect
forty-five
days
after
the
date
of
the
franchiser’s
15
approval.
If
the
franchiser
denies
the
establishment
of
the
16
franchisee’s
average
percentage
markup
or
labor
rate,
the
17
franchisee
may
file
a
complaint
with
the
department
and
a
18
hearing
shall
be
held
before
the
department
of
inspections
,
19
and
appeals
,
and
licensing
.
The
franchiser
shall
have
the
20
burden
of
proof
to
establish
that
the
franchiser’s
denial
was
21
reasonable.
If
the
department
of
inspections
,
and
appeals
,
22
and
licensing
finds
the
denial
was
not
reasonable,
the
denial
23
shall
be
deemed
a
violation
of
this
chapter
and
the
department
24
of
inspections
,
and
appeals
,
and
licensing
shall
determine
25
the
franchisee’s
average
percentage
markup
or
labor
rate
for
26
purposes
of
calculating
a
reasonable
schedule
of
compensation.
27
In
making
such
a
determination,
the
department
of
inspections
,
28
and
appeals
,
and
licensing
shall
not
consider
retail
service
29
orders
or
portions
of
retail
service
orders
attributable
to
30
routine
maintenance
such
as
tire
service
or
oil
service.
31
Sec.
1977.
Section
322A.6,
subsection
2,
Code
2023,
is
32
amended
to
read
as
follows:
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2.
An
applicant
seeking
permission
to
enter
into
a
franchise
34
for
additional
representation
of
the
same
line-make
in
a
35
community
shall
deposit
with
the
department
at
the
time
the
1
application
is
filed,
an
amount
of
money
to
be
determined
by
2
the
department
of
inspections
,
and
appeals
,
and
licensing
to
3
pay
the
costs
of
the
hearing.
4
Sec.
1978.
Section
322A.7,
subsection
1,
Code
2023,
is
5
amended
to
read
as
follows:
6
1.
Upon
receiving
an
application,
the
department
shall
7
notify
the
department
of
inspections
,
and
appeals
,
and
8
licensing
which
shall
enter
an
order
fixing
a
time,
which
9
shall
be
within
ninety
days
of
the
date
of
the
order,
and
10
place
of
hearing,
and
shall
send
by
certified
or
registered
11
mail,
with
return
receipt
requested,
a
copy
of
the
order
12
to
the
franchisee
whose
franchise
the
franchiser
seeks
to
13
terminate
or
not
continue,
or
to
the
franchiser
who
is
seeking
14
to
alter
a
franchisee’s
community,
as
applicable.
If
the
15
application
requests
permission
to
establish
an
additional
16
motor
vehicle
dealership,
a
copy
of
the
order
shall
be
sent
to
17
all
franchisees
in
the
community
who
are
then
engaged
in
the
18
business
of
offering
to
sell
or
selling
the
same
line-make.
If
19
the
application
challenges
the
reasonableness
of
a
proposed
20
alteration
to
a
franchisee’s
community,
a
copy
of
the
order
21
shall
be
sent
to
all
franchisees
located
in
Iowa
surrounding
22
the
affected
community
which
are
then
engaged
in
the
business
23
of
offering
to
sell
or
selling
the
same
line-make.
Copies
of
24
orders
shall
be
addressed
to
the
franchisee
at
the
place
where
25
the
business
is
conducted.
The
department
of
inspections
,
and
26
appeals
,
and
licensing
may
also
give
notice
of
the
franchiser’s
27
application
to
any
other
parties
deemed
interested
persons,
the
28
notice
to
be
in
the
form
and
substance
and
given
in
the
manner
29
the
department
of
inspections
,
and
appeals
,
and
licensing
deems
30
appropriate.
31
Sec.
1979.
Section
322A.8,
Code
2023,
is
amended
to
read
as
32
follows:
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322A.8
Continuation.
34
If
the
department
of
inspections
,
and
appeals
,
and
licensing
35
finds
it
desirable
it
may
upon
request
continue
the
date
of
1
hearing
for
a
period
of
ninety
days,
and
may
upon
application,
2
but
not
ex
parte,
continue
the
date
of
hearing
for
an
3
additional
period
of
ninety
days.
4
Sec.
1980.
Section
322A.9,
subsection
2,
Code
2023,
is
5
amended
to
read
as
follows:
6
2.
Nothing
contained
in
this
chapter
shall
be
construed
to
7
require
or
authorize
any
investigation
by
the
department
of
any
8
matter
before
the
department
under
this
chapter
.
Upon
hearing,
9
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
10
hear
the
evidence
introduced
by
the
parties
and
shall
make
its
11
decision
solely
upon
the
record
so
made.
12
Sec.
1981.
Section
322A.10,
Code
2023,
is
amended
to
read
13
as
follows:
14
322A.10
Rules
of
evidence.
15
1.
The
rules
of
civil
procedure
relating
to
discovery
and
16
inspection
shall
apply
to
hearings
held
under
the
provisions
of
17
this
chapter
,
and
the
department
of
inspections
,
and
appeals
,
18
and
licensing
may
issue
orders
to
give
effect
to
such
rules.
19
2.
In
the
event
issues
are
raised
which
would
involve
20
violations
of
any
state
or
federal
antitrust
or
price-fixing
21
law,
all
discovery
and
inspection
proceedings
which
would
be
22
available
under
such
issues
in
a
state
or
federal
court
action
23
shall
be
available
to
the
parties
to
the
hearing,
and
the
24
department
of
inspections
,
and
appeals
,
and
licensing
may
issue
25
orders
to
give
effect
to
such
proceedings.
26
3.
Evidence
which
would
be
admissible
under
the
issues
in
a
27
state
or
federal
court
action
is
admissible
in
a
hearing
held
28
by
the
department
of
inspections
,
and
appeals
,
and
licensing
.
29
The
department
of
inspections
,
and
appeals
,
and
licensing
shall
30
apportion
all
costs
between
the
parties.
31
Sec.
1982.
Section
322A.13,
Code
2023,
is
amended
to
read
32
as
follows:
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322A.13
Compulsory
attendance
at
hearings.
34
The
department
of
inspections
,
and
appeals
,
and
licensing
35
may
issue
subpoenas,
administer
oaths,
compel
the
attendance
of
1
witnesses
and
production
of
books,
papers,
documents,
and
all
2
other
evidence.
The
department
of
inspections
,
and
appeals
,
3
and
licensing
may
apply
to
the
district
court
of
the
county
4
wherein
the
hearing
is
being
held
for
a
court
order
enforcing
5
this
section
.
6
Sec.
1983.
Section
322A.15,
subsection
1,
unnumbered
7
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
8
In
determining
whether
good
cause
has
been
established
for
9
terminating
or
not
continuing
a
franchise,
the
department
10
of
inspections
,
and
appeals
,
and
licensing
shall
take
into
11
consideration
the
existing
circumstances,
including,
but
not
12
limited
to:
13
Sec.
1984.
Section
322A.15,
subsection
1,
paragraphs
g
and
14
h,
Code
2023,
are
amended
to
read
as
follows:
15
g.
Except
as
provided
in
section
322A.11
,
failure
by
the
16
franchisee
to
substantially
comply
with
those
requirements
17
of
the
franchise
which
are
determined
by
the
department
of
18
inspections
,
and
appeals
,
and
licensing
to
be
reasonable
and
19
material.
20
h.
Except
as
provided
in
section
322A.11
,
bad
faith
by
the
21
franchisee
in
complying
with
those
terms
of
the
franchise
which
22
are
determined
by
the
department
of
inspections
,
and
appeals
,
23
and
licensing
to
be
reasonable
and
material.
24
Sec.
1985.
Section
322A.16,
unnumbered
paragraph
1,
Code
25
2023,
is
amended
to
read
as
follows:
26
In
determining
whether
good
cause
has
been
established
for
27
entering
into
an
additional
franchise
for
the
same
line-make,
28
the
department
of
inspections
,
and
appeals
,
and
licensing
shall
29
take
into
consideration
the
existing
circumstances,
including,
30
but
not
limited
to:
31
Sec.
1986.
Section
322A.17,
subsection
1,
Code
2023,
is
32
amended
to
read
as
follows:
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1.
A
decision
of
the
department
of
inspections
,
and
appeals
,
34
and
licensing
is
subject
to
review
by
the
state
department
of
35
transportation,
whose
decision
is
final
agency
action
for
the
1
purpose
of
judicial
review.
2
Sec.
1987.
Section
322C.6,
unnumbered
paragraph
1,
Code
3
2023,
is
amended
to
read
as
follows:
4
A
license
issued
under
section
322C.4
or
322C.9
may
be
5
denied,
revoked,
or
suspended,
after
opportunity
for
a
6
hearing
before
the
department
of
inspections
,
and
appeals
,
and
7
licensing
in
accordance
with
chapters
10A
and
17A
,
if
it
is
8
determined
that
the
licensee
or
applicant
has
done
any
of
the
9
following:
10
Sec.
1988.
Section
323.1,
subsection
4,
Code
2023,
is
11
amended
to
read
as
follows:
12
4.
“Department”
means
the
department
of
inspections
,
and
13
appeals
,
and
licensing
.
14
Sec.
1989.
Section
324A.5,
subsection
2,
paragraph
c,
Code
15
2023,
is
amended
to
read
as
follows:
16
c.
The
department
of
inspections
,
and
appeals
,
and
licensing
17
shall
establish
an
appeal
process
pursuant
to
chapters
10A
and
18
17A
which
allows
those
agencies
or
organizations
determined
19
to
not
be
in
compliance
with
this
chapter
an
opportunity
for
20
a
timely
hearing
before
the
department
of
inspections
,
and
21
appeals
,
and
licensing
.
A
decision
by
the
department
of
22
inspections
,
and
appeals
,
and
licensing
is
subject
to
review
by
23
the
state
department
of
transportation.
The
state
department
24
of
transportation’s
decision
is
the
final
agency
action.
25
Judicial
review
of
the
action
of
the
department
may
be
sought
26
in
accordance
with
chapter
17A
.
27
Sec.
1990.
Section
327C.8,
Code
2023,
is
amended
to
read
as
28
follows:
29
327C.8
Objections
——
hearing.
30
A
person
directly
affected
by
the
proposed
discontinuance
31
of
an
agency
may
file
written
objections
with
the
department
32
stating
the
grounds
for
the
objections,
within
fifteen
days
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from
the
time
of
the
publication
of
the
notice
as
provided
in
34
section
327C.7
.
Upon
the
filing
of
objections
the
department
35
shall
request
the
department
of
inspections
,
and
appeals
,
and
1
licensing
to
hold
a
hearing,
which
shall
be
held
within
sixty
2
days
from
the
filing
of
the
objections.
Written
notice
of
the
3
time
and
place
of
the
hearing
shall
be
mailed
by
the
department
4
of
inspections
,
and
appeals
,
and
licensing
to
the
railroad
5
corporation
and
the
person
filing
objections
at
least
ten
days
6
prior
to
the
date
fixed
for
the
hearing.
7
Sec.
1991.
Section
327C.12,
Code
2023,
is
amended
to
read
8
as
follows:
9
327C.12
Aid
from
courts.
10
The
department
or
the
department
of
inspections
,
and
11
appeals
,
and
licensing
may
invoke
the
aid
of
any
court
of
12
record
in
the
state
in
requiring
the
attendance
and
testimony
13
of
witnesses
and
the
production
of
books,
papers,
tariff
14
schedules,
agreements,
and
other
documents.
If
a
person
15
refuses
to
obey
a
subpoena
or
other
process,
a
court
having
16
jurisdiction
of
the
inquiry
shall
issue
an
order
requiring
any
17
of
the
officers,
agents,
or
employees
of
a
carrier
or
other
18
person
to
appear
before
either
department
and
produce
all
books
19
and
papers
required
by
the
order
and
testify
in
relation
to
any
20
matter
under
investigation.
21
Sec.
1992.
Section
327C.17,
Code
2023,
is
amended
to
read
22
as
follows:
23
327C.17
Penalty.
24
If
a
railroad
fails
or
refuses
to
comply
with
a
rule
or
25
order
made
by
the
state
department
of
transportation
or
the
26
department
of
inspections
,
and
appeals
,
and
licensing
within
27
the
time
specified,
the
railroad
is,
for
each
day
of
such
28
failure,
subject
to
a
schedule
“two”
penalty.
29
Sec.
1993.
Section
327C.19,
subsection
1,
Code
2023,
is
30
amended
to
read
as
follows:
31
1.
A
decision
of
the
department
of
inspections
,
and
appeals
,
32
and
licensing
is
subject
to
review
by
the
state
department
of
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transportation.
34
Sec.
1994.
Section
327C.20,
Code
2023,
is
amended
to
read
35
as
follows:
1
327C.20
Remitting
penalty.
2
If
a
common
carrier
fails
in
a
judicial
review
proceeding
3
to
secure
a
vacation
of
the
order
objected
to,
it
may
apply
to
4
the
court
in
which
the
review
proceeding
is
finally
adjudicated
5
for
an
order
remitting
the
penalty
which
has
accrued
during
6
the
review
proceeding.
Upon
a
satisfactory
showing
that
the
7
petition
for
judicial
review
was
filed
in
good
faith
and
not
8
for
the
purpose
of
delay,
and
that
there
were
reasonable
9
grounds
to
believe
that
the
order
was
unreasonable
or
unjust
10
or
that
the
power
of
the
department
of
transportation
or
the
11
department
of
inspections
,
and
appeals
,
and
licensing
to
make
12
the
order
was
doubtful,
the
court
may
remit
the
penalty
that
13
has
accrued
during
the
review
proceeding.
14
Sec.
1995.
Section
327C.25,
Code
2023,
is
amended
to
read
15
as
follows:
16
327C.25
Complaints.
17
A
person
may
file
with
the
department
a
petition
setting
18
forth
any
particular
in
which
a
common
carrier
has
violated
the
19
law
to
which
it
is
subject
and
the
amount
of
damages
sustained
20
by
reason
of
the
violation.
The
department
shall
furnish
a
21
copy
of
the
complaint
to
the
carrier
against
which
a
complaint
22
is
filed.
The
department
shall
request
the
department
23
of
inspections
,
and
appeals
,
and
licensing
to
schedule
a
24
hearing
in
which
the
carrier
shall
answer
the
petition
or
25
satisfy
the
demands
of
the
complaint.
If
the
carrier
fails
26
to
satisfy
the
complaint
within
the
time
fixed
or
there
27
appears
to
be
reasonable
grounds
for
investigating
the
matters
28
set
forth
in
the
petition,
the
department
of
inspections
,
29
and
appeals
,
and
licensing
shall
hear
and
determine
the
30
questions
involved
and
make
orders
it
finds
proper.
If
the
31
department
of
transportation
has
reason
to
believe
that
a
32
carrier
is
violating
any
of
the
laws
to
which
it
is
subject,
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the
department
may
institute
an
investigation
and
request
34
the
department
of
inspections
,
and
appeals
,
and
licensing
to
35
conduct
a
hearing
in
relation
to
the
matters
as
if
a
petition
1
had
been
filed.
2
Sec.
1996.
Section
327C.26,
Code
2023,
is
amended
to
read
3
as
follows:
4
327C.26
Reports.
5
When
a
hearing
has
been
held
before
the
department
of
6
inspections
,
and
appeals
,
and
licensing
after
notice,
it
shall
7
make
a
report
in
writing
setting
forth
the
findings
of
fact
8
and
its
conclusions
together
with
its
recommendations
as
to
9
what
reparation,
if
any,
the
offending
carrier
shall
make
to
a
10
party
who
has
suffered
damage.
The
findings
of
fact
are
prima
11
facie
evidence
in
all
further
legal
proceedings
of
every
fact
12
found.
All
reports
of
hearings
and
investigations
made
by
the
13
department
of
inspections
,
and
appeals
,
and
licensing
shall
be
14
entered
of
record
and
a
copy
furnished
to
the
carrier
against
15
which
the
complaint
was
filed,
to
the
party
complaining,
and
16
to
any
other
person
having
a
direct
interest
in
the
matter.
A
17
reasonable
fee
not
to
exceed
the
actual
duplication
costs
may
18
be
charged
for
the
copies.
19
Sec.
1997.
Section
327C.28,
Code
2023,
is
amended
to
read
20
as
follows:
21
327C.28
Violation
of
order
——
petition
——
notice.
22
If
a
person
violates
or
fails
to
obey
a
lawful
order
23
or
requirement
of
the
department
of
transportation
or
the
24
department
of
inspections
,
and
appeals
,
and
licensing
,
the
25
department
of
transportation
or
the
department
of
inspections
,
26
and
appeals
,
and
licensing
shall
apply
by
petition
in
the
27
name
of
the
state
against
the
person,
to
the
district
court,
28
alleging
the
violation
or
failure
to
obey.
The
court
shall
29
hear
and
determine
the
matter
set
forth
in
the
petition
on
30
reasonable
notice
to
the
person,
to
be
fixed
by
the
court
and
31
to
be
served
in
the
same
manner
as
an
original
notice
for
the
32
commencement
of
action.
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Sec.
1998.
Section
327C.29,
Code
2023,
is
amended
to
read
34
as
follows:
35
327C.29
Interested
party
may
begin
proceedings.
1
A
person
interested
in
enforcing
an
order
or
requirement
2
of
the
department
of
transportation
or
the
department
of
3
inspections
,
and
appeals
,
and
licensing
,
may
file
a
petition
4
against
the
violator,
alleging
the
failure
to
comply
with
5
the
order
or
requirement
and
asking
for
summary
relief
to
6
the
same
extent
and
in
the
same
manner
as
the
department
of
7
transportation
or
the
department
of
inspections
,
and
appeals
,
8
and
licensing
may
under
section
327C.28
,
and
the
proceedings
9
after
the
filing
of
the
petition
shall
be
the
same
as
in
10
section
327C.28
.
11
Sec.
1999.
Section
327D.4,
Code
2023,
is
amended
to
read
as
12
follows:
13
327D.4
Connections.
14
If
a
railroad
corporation
in
this
state
refuses
to
connect
by
15
proper
switches
or
tracks
with
the
tracks
of
another
railroad
16
corporation
or
refuses
to
receive,
transport,
load,
discharge,
17
reload,
or
return
cars
furnished
by
another
connecting
railroad
18
corporation,
a
petition
requesting
resolution
of
the
dispute
19
may
be
filed
with
the
department.
The
department
shall
notify
20
the
department
of
inspections
,
and
appeals
,
and
licensing
21
which
shall
hold
a
hearing
on
the
dispute.
Upon
conclusion
of
22
the
hearing,
the
department
of
inspections
,
and
appeals
,
and
23
licensing
shall
issue
an
order
to
resolve
the
dispute.
The
24
order
may
include
the
allocation
of
costs
between
the
parties.
25
The
order
is
subject
to
review
by
the
department
which
review
26
shall
be
the
final
agency
action.
27
Sec.
2000.
Section
327D.53,
Code
2023,
is
amended
to
read
28
as
follows:
29
327D.53
Division
of
joint
rates.
30
Before
the
adoption
of
the
rates,
the
department
shall
31
notify
the
railroad
corporations
interested
in
the
schedule
of
32
joint
rates
fixed,
and
give
them
a
reasonable
time
to
agree
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upon
a
division
of
the
charges
provided.
If
the
corporations
34
fail
to
agree
upon
a
division,
and
to
notify
the
department
35
of
their
agreement,
the
department
shall,
after
a
hearing
1
conducted
by
the
department
of
inspections
,
and
appeals
,
and
2
licensing
,
decide
the
rates,
taking
into
consideration
the
3
value
of
terminal
facilities
and
all
the
circumstances
of
4
the
haul,
and
the
division
so
determined
by
it
is,
in
all
5
controversies
or
actions
between
the
railroad
corporations
6
interested,
prima
facie
evidence
of
a
just
and
reasonable
7
division.
8
Sec.
2001.
Section
327D.83,
Code
2023,
is
amended
to
read
9
as
follows:
10
327D.83
Rate
hearing.
11
If
a
schedule
is
filed
with
the
department
stating
a
rate,
12
the
department
may,
either
upon
complaint
or
upon
its
own
13
motion,
request
the
department
of
inspections
,
and
appeals
,
and
14
licensing
to
conduct
a
hearing
concerning
the
propriety
of
the
15
rate.
16
Sec.
2002.
Section
327D.85,
Code
2023,
is
amended
to
read
17
as
follows:
18
327D.85
Rate
proposal
——
review.
19
At
the
hearing
the
department
of
inspections
,
and
appeals
,
20
and
licensing
shall
propose
the
rates
on
the
schedule,
in
whole
21
or
in
part,
or
others
in
lieu
thereof,
which
the
department
22
of
inspections
,
and
appeals
,
and
licensing
finds
are
just
and
23
reasonable
rates.
The
action
of
the
department
of
inspections
,
24
and
appeals
,
and
licensing
is
subject
to
review
by
the
state
25
department
of
transportation.
The
decision
of
the
state
26
department
of
transportation
is
the
final
agency
action.
27
Sec.
2003.
Section
327D.89,
Code
2023,
is
amended
to
read
28
as
follows:
29
327D.89
Complaint
of
violation.
30
When
a
person
complains
to
the
department
that
the
rate
31
charged
or
published
by
a
railway
corporation,
or
the
maximum
32
rate
fixed
by
law,
is
unreasonably
high
or
discriminating,
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the
department
may
investigate
the
matter,
and
request
the
34
department
of
inspections
,
and
appeals
,
and
licensing
to
35
conduct
a
hearing.
The
department
of
inspections
,
and
appeals
,
1
and
licensing
shall
give
the
parties
notice
of
the
time
and
2
place
of
the
hearing.
3
Sec.
2004.
Section
327D.90,
Code
2023,
is
amended
to
read
4
as
follows:
5
327D.90
Hearing
——
evidence.
6
At
the
time
of
the
hearing
the
department
of
inspections
,
and
7
appeals
,
and
licensing
shall
receive
any
evidence
and
listen
8
to
any
arguments
presented
by
either
party
relevant
to
the
9
matter
under
investigation,
and
the
burden
of
proof
is
not
10
upon
the
person
making
the
complaint.
The
complainant
shall
11
add
to
the
showing
made
at
the
hearing
whatever
information
12
the
complainant
then
has,
or
can
obtain
from
any
source.
13
The
department
of
inspections
,
and
appeals
,
and
licensing
14
shall
propose
just
and
reasonable
rates,
which
may
be
adopted
15
in
whole
or
in
part
or
modified
as
the
state
department
of
16
transportation
determines.
17
Sec.
2005.
Section
327D.128,
Code
2023,
is
amended
to
read
18
as
follows:
19
327D.128
Weighing
——
disagreement.
20
If
a
railroad
corporation
and
the
owner,
consignor,
21
or
consignee
of
car
lots
of
bulk
commodities
cannot
reach
22
agreement
relative
to
the
weighing
of
the
commodities,
appeal
23
may
be
made
to
the
state
department
of
transportation.
The
24
state
department
of
transportation,
after
a
hearing
by
the
25
department
of
inspections
,
and
appeals
,
and
licensing
,
shall
26
issue
an
order
equitable
to
all
parties
including
but
not
27
limited
to
allocation
of
costs
and
specification
of
the
place
28
and
manner
of
weighing.
29
Sec.
2006.
Section
327G.12,
Code
2023,
is
amended
to
read
30
as
follows:
31
327G.12
Overhead,
underground,
or
more
than
one
crossing.
32
The
owner
of
land
may
serve
upon
the
railroad
corporation
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a
request
in
writing
for
more
than
one
private
crossing,
or
34
for
an
overhead
or
underground
crossing,
accompanied
by
a
plat
35
of
the
owner’s
land
designating
the
location
and
character
1
of
crossing
desired.
If
the
railroad
corporation
refuses
or
2
neglects
to
comply
within
thirty
days
of
a
written
request,
3
the
owner
of
the
land
may
make
written
application
to
the
4
department
to
determine
the
owner’s
rights.
The
department
5
of
inspections
,
and
appeals
,
and
licensing
,
after
notice
to
6
the
railroad
corporation,
shall
hear
the
application
and
all
7
objections
to
the
application,
and
make
an
order
which
is
8
reasonable
and
just,
and
if
it
requires
the
railroad
company
to
9
construct
any
crossing
or
roadway,
fix
the
time
for
compliance
10
with
the
order
and
apportion
the
costs
as
appropriate.
The
11
order
of
the
department
of
inspections
,
and
appeals
,
and
12
licensing
is
subject
to
review
by
the
state
department
of
13
transportation.
The
decision
of
the
state
department
of
14
transportation
is
the
final
agency
action.
15
Sec.
2007.
Section
327G.16,
Code
2023,
is
amended
to
read
16
as
follows:
17
327G.16
Disagreement
——
application
——
notice.
18
If
the
persons
specified
in
section
327G.15
cannot
reach
19
an
agreement,
either
party
may
make
written
application
to
20
the
department
requesting
resolution
of
the
disagreement.
21
The
department
shall
request
the
department
of
inspections
,
22
and
appeals
,
and
licensing
to
set
a
date
for
hearing.
The
23
department
of
inspections
,
and
appeals
,
and
licensing
shall
24
give
ten
days’
written
notice
of
the
hearing
date.
25
Sec.
2008.
Section
327G.17,
Code
2023,
is
amended
to
read
26
as
follows:
27
327G.17
Hearing
——
order.
28
1.
The
department
of
inspections
,
and
appeals
,
and
29
licensing
shall
hear
the
evidence
of
each
party
to
the
30
controversy
and
shall
make
an
order,
which
may
include,
31
pursuant
to
chapters
6A
and
6B
,
authority
to
condemn,
resolving
32
the
controversy.
The
order
shall
include
the
portion
of
the
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expense
to
be
paid
by
each
party
to
the
controversy.
In
34
determining
what
portion
of
the
expense
shall
be
paid
by
35
each
party,
the
department
of
inspections
,
and
appeals
,
and
1
licensing
may
consider
the
ratio
of
the
benefits
accruing
to
2
the
railroad
or
the
governmental
unit
or
both,
to
the
general
3
public
use
and
benefit.
4
2.
The
order
of
the
department
of
inspections
,
and
appeals
,
5
and
licensing
is
subject
to
review
by
the
state
department
6
of
transportation.
The
decision
of
the
state
department
of
7
transportation
is
the
final
agency
action.
8
Sec.
2009.
Section
327G.31,
Code
2023,
is
amended
to
read
9
as
follows:
10
327G.31
Disagreement
resolved.
11
If
a
railroad
corporation
and
the
jurisdiction
having
12
authority
cannot
reach
agreement
on
grade
crossing
surface
13
repair
and
maintenance,
either
party
may
appeal
to
the
14
department
of
inspections
,
and
appeals
,
and
licensing
if
prior
15
to
disagreement
both
parties
have
filed
a
statement
with
the
16
state
department
of
transportation
to
the
effect
that
they
have
17
entered
into
negotiations
on
grade
crossing
surface
repair
18
and
maintenance
of
a
particular
crossing.
The
department
of
19
inspections
,
and
appeals
,
and
licensing
shall
resolve
the
20
dispute
in
the
manner
provided
in
sections
327G.16
and
327G.17
,
21
except
for
the
allocation
of
costs.
22
Sec.
2010.
Section
327G.32,
subsections
3
and
4,
Code
2023,
23
are
amended
to
read
as
follows:
24
3.
Other
portions
of
this
section
notwithstanding,
a
25
political
subdivision
may
pass
an
ordinance
regulating
the
26
length
of
time
a
specific
crossing
may
be
blocked
if
the
27
political
subdivision
demonstrates
that
an
ordinance
is
28
necessary
for
public
safety
or
convenience.
If
an
ordinance
29
is
passed,
the
political
subdivision
shall,
within
thirty
days
30
of
the
effective
date
of
the
ordinance,
notify
the
department
31
and
the
railroad
corporation
using
the
crossing
affected
by
the
32
ordinance.
The
ordinance
does
not
become
effective
unless
the
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department
and
the
railroad
corporation
are
notified
within
34
thirty
days.
The
ordinance
becomes
effective
thirty
days
35
after
notification
unless
a
person
files
an
objection
to
the
1
ordinance
with
the
department.
If
an
objection
is
filed
the
2
department
shall
notify
the
department
of
inspections
,
and
3
appeals
,
and
licensing
which
shall
hold
a
hearing.
After
4
a
hearing
by
the
department
of
inspections
,
and
appeals
,
5
and
licensing
,
the
state
department
of
transportation
may
6
disapprove
the
ordinance
if
public
safety
or
convenience
7
does
not
require
the
ordinance.
The
decision
of
the
state
8
department
of
transportation
is
final
agency
action.
The
9
ordinance
approved
by
the
political
subdivision
is
prima
facie
10
evidence
that
the
ordinance
is
adopted
to
preserve
public
11
safety
or
convenience.
12
4.
The
department
of
inspections
,
and
appeals
,
and
13
licensing
when
considering
rebuttal
evidence
shall
weigh
the
14
benefits
accruing
to
the
political
subdivision
as
they
affect
15
the
general
public
use
compared
to
the
burden
placed
on
the
16
railroad
operation.
Public
safety
or
convenience
may
include,
17
but
is
not
limited
to,
high
traffic
density
at
a
specific
18
crossing
of
a
main
artery
or
interference
with
the
flow
of
19
authorized
emergency
vehicles.
20
Sec.
2011.
Section
327G.62,
Code
2023,
is
amended
to
read
21
as
follows:
22
327G.62
Controversies
——
hearing
——
order
——
review.
23
When
a
disagreement
arises
between
a
railroad
corporation,
24
its
grantee,
or
its
successor
in
interest,
and
the
owner,
25
lessee,
or
licensee
of
a
building
or
other
improvement,
26
including
trackage,
used
for
receiving,
storing,
transporting,
27
or
manufacturing
an
article
of
commerce
transported
or
to
28
be
transported,
situated
on
a
present
or
former
railroad
29
right-of-way
or
on
land
owned
or
controlled
by
the
railroad
30
corporation,
its
grantee,
or
its
successor
in
interest,
as
31
to
the
terms
and
conditions
on
which
the
article
is
to
be
32
continued
or
removed,
the
railway
corporation,
its
grantee,
or
33
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its
successor
in
interest,
or
the
owner,
lessee,
or
licensee
34
may
make
written
application
to
the
department.
The
department
35
shall
notify
the
department
of
inspections
,
and
appeals
,
and
1
licensing
which
shall
hear
and
determine
the
controversy
and
2
make
an
order
which
is
just
and
equitable
between
the
parties.
3
That
order
is
subject
to
review
by
the
state
department
of
4
transportation.
The
decision
of
the
state
department
of
5
transportation
is
final
agency
action.
6
Sec.
2012.
Section
327G.65,
Code
2023,
is
amended
to
read
7
as
follows:
8
327G.65
Cost
of
construction.
9
The
railroad
corporation
may
require
the
person
primarily
to
10
be
served
to
pay
the
legitimate
cost
and
expense
of
acquiring,
11
by
condemnation
or
purchase,
the
necessary
right-of-way
for
the
12
spur
track
and
of
constructing
it,
as
determined
in
separate
13
items
by
the
department.
Except
as
provided
in
section
14
327G.66
,
the
total
cost
as
ascertained
by
the
department
15
shall
be
deposited
with
the
railroad
corporation
before
it
is
16
required
to
incur
expense.
If
an
agreement
cannot
be
reached,
17
the
question
shall
be
referred
to
the
department
which
may,
18
after
a
hearing
conducted
by
the
department
of
inspections
,
and
19
appeals
,
and
licensing
,
issue
an
order.
20
Sec.
2013.
Section
327G.78,
subsection
1,
Code
2023,
is
21
amended
to
read
as
follows:
22
1.
Subject
to
section
6A.16
and
327G.77
,
when
a
railroad
23
corporation,
its
trustee,
or
its
successor
in
interest
has
24
interests
in
real
property
adjacent
to
a
railroad
right-of-way
25
that
are
abandoned
by
order
of
the
surface
transportation
26
board,
reorganization
court,
bankruptcy
court,
or
the
27
department,
or
when
a
railroad
corporation,
its
trustee,
or
28
its
successor
in
interest
seeks
to
sell
its
interests
in
29
that
property
under
any
other
circumstance,
the
railroad
30
corporation,
its
trustee,
or
its
successor
in
interest
shall
31
extend
a
written
offer
to
sell
at
a
fair
market
value
price
to
32
the
persons
holding
leases,
licenses,
or
permits
upon
those
33
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properties,
allowing
sixty
days
from
the
time
of
receipt
for
a
34
written
response.
If
a
disagreement
arises
between
the
parties
35
concerning
the
price
or
other
terms
of
the
sale
transaction,
1
either
or
both
parties
may
make
written
application
to
the
2
department
to
resolve
the
disagreement.
The
application
shall
3
be
made
within
sixty
days
from
the
time
an
initial
written
4
response
is
served
upon
the
railroad
corporation,
trustee,
5
or
successor
in
interest
by
the
person
wishing
to
purchase
6
the
property.
The
department
shall
notify
the
department
of
7
inspections
,
and
appeals
,
and
licensing
which
shall
hear
the
8
controversy
and
make
a
final
determination
of
the
fair
market
9
value
of
the
property
and
the
other
terms
of
the
transaction
10
which
were
in
dispute,
within
ninety
days
after
the
application
11
is
filed.
The
determination
is
subject
to
review
by
the
12
department
and
the
department’s
decision
is
the
final
agency
13
action.
All
correspondence
shall
be
by
certified
mail.
14
Sec.
2014.
Section
327G.79,
subsections
1
and
2,
Code
2023,
15
are
amended
to
read
as
follows:
16
1.
The
department
of
inspections
and
appeals’
,
appeals,
and
17
licensing’s
determination
and
order
shall
be
just
and
equitable
18
and,
in
the
case
of
the
determination
of
the
fair
market
value
19
of
the
property,
shall
be
based
in
part
upon
at
least
three
20
independent
appraisals
prepared
by
certified
appraisers.
Each
21
party
shall
select
one
appraiser
and
each
appraisal
shall
be
22
paid
for
by
the
party
for
whom
the
appraisal
is
prepared.
23
The
two
appraisers
shall
select
a
third
appraiser
and
the
24
costs
of
this
appraisal
shall
be
divided
equally
between
the
25
parties.
If
the
appraisers
selected
by
the
parties
cannot
26
agree
on
selection
of
a
third
appraiser,
the
state
department
27
of
transportation
shall
appoint
a
third
appraiser
and
the
costs
28
of
this
appraisal
shall
be
divided
equally
between
the
parties.
29
2.
The
department
of
inspections
and
appeals’
,
appeals,
and
30
licensing’s
determination
and
order
is
final
for
the
purpose
31
of
administrative
review
to
the
district
court
as
provided
in
32
chapter
17A
.
The
district
court’s
scope
of
review
shall
be
33
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confined
to
whether
there
is
substantial
evidence
to
support
34
the
department
of
inspections
and
appeals’
,
appeals,
and
35
licensing’s
determination
and
order.
1
Sec.
2015.
Section
331.324,
subsection
1,
paragraph
e,
Code
2
2023,
is
amended
to
read
as
follows:
3
e.
Cooperate
with
the
workers’
compensation
commissioner
and
4
comply
with
requirements
imposed
upon
counties
under
chapters
5
86
chapter
10A,
subchapter
III,
and
chapter
87
.
6
Sec.
2016.
Section
331.394,
subsection
5,
paragraph
c,
Code
7
2023,
is
amended
to
read
as
follows:
8
c.
The
county
or
region
that
received
the
notification,
9
as
applicable,
shall
respond
to
the
party
that
provided
10
the
notification
within
forty-five
days
of
receiving
the
11
notification.
If
the
parties
cannot
agree
to
a
settlement
as
12
to
the
person’s
residency
status
within
ninety
days
of
the
13
date
of
notification,
on
motion
of
any
of
the
parties,
the
14
matter
shall
be
referred
to
the
department
of
inspections
,
15
and
appeals
,
and
licensing
for
a
contested
case
hearing
under
16
chapter
17A
before
an
administrative
law
judge
assigned
in
17
accordance
with
section
10A.801
to
determine
the
person’s
18
residency
status.
19
Sec.
2017.
Section
331.394,
subsection
5,
paragraph
d,
20
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
21
(1)
The
administrative
law
judge’s
determination
of
the
22
person’s
residency
status
shall
be
considered
final
agency
23
action,
notwithstanding
contrary
provisions
of
section
17A.15
.
24
The
party
that
does
not
prevail
in
the
determination
or
25
subsequent
judicial
review
is
liable
for
costs
associated
with
26
the
proceeding,
including
reimbursement
of
the
department
of
27
inspections
and
appeals’
,
appeals,
and
licensing’s
actual
costs
28
associated
with
the
administrative
proceeding.
Judicial
review
29
of
the
determination
may
be
sought
in
accordance
with
section
30
17A.19
.
31
Sec.
2018.
Section
331.394,
subsection
6,
paragraph
c,
Code
32
2023,
is
amended
to
read
as
follows:
33
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c.
The
department,
county,
or
region
that
received
the
34
notification,
as
applicable,
shall
respond
to
the
party
35
that
provided
the
notification
within
forty-five
days
of
1
receiving
the
notification.
If
the
parties
cannot
agree
to
a
2
settlement
as
to
the
dispute
within
ninety
days
of
the
date
of
3
notification,
on
motion
of
any
of
the
parties,
the
matter
shall
4
be
referred
to
the
department
of
inspections
,
and
appeals
,
and
5
licensing
for
a
contested
case
hearing
under
chapter
17A
before
6
an
administrative
law
judge
assigned
in
accordance
with
section
7
10A.801
to
determine
facts
and
issue
a
decision
to
resolve
the
8
dispute.
9
Sec.
2019.
Section
331.394,
subsection
6,
paragraph
d,
10
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
11
(1)
The
administrative
law
judge’s
decision
is
a
final
12
agency
action,
notwithstanding
contrary
provisions
of
section
13
17A.15
.
The
party
that
does
not
prevail
in
the
decision
or
14
subsequent
judicial
review
is
liable
for
costs
associated
with
15
the
proceeding,
including
reimbursement
of
the
department
of
16
inspections
and
appeals’
,
appeals,
and
licensing’s
actual
17
costs
associated
with
the
administrative
proceeding.
Judicial
18
review
of
the
decision
may
be
sought
in
accordance
with
section
19
17A.19
.
20
Sec.
2020.
Section
331.653,
subsection
10,
Code
2023,
is
21
amended
to
read
as
follows:
22
10.
Cooperate
with
the
division
of
labor
services
of
the
23
department
of
workforce
development
inspections,
appeals,
and
24
licensing
in
the
enforcement
of
child
labor
laws
as
provided
25
in
section
92.22
.
26
Sec.
2021.
Section
331.756,
subsections
16
and
55,
Code
27
2023,
are
amended
to
read
as
follows:
28
16.
Institute
legal
proceedings
against
persons
who
29
violate
laws
administered
by
the
division
of
labor
services
30
of
the
department
of
workforce
development
under
chapter
10A,
31
subchapter
II,
as
provided
in
section
91.11
10A.210
.
32
55.
Make
a
written
report
to
the
department
of
inspections
,
33
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and
appeals
,
and
licensing
within
fifteen
days
of
the
end
of
34
each
calendar
quarter
of
the
amount
of
funds
which
were
owed
to
35
the
state
for
indigent
defense
services
and
which
were
recouped
1
pursuant
to
subsection
5
.
2
Sec.
2022.
Section
423.3,
subsection
18,
paragraph
a,
Code
3
2023,
is
amended
to
read
as
follows:
4
a.
Residential
care
facilities
and
intermediate
care
5
facilities
for
persons
with
an
intellectual
disability
and
6
residential
care
facilities
for
persons
with
mental
illness
7
licensed
by
the
department
of
inspections
,
and
appeals
,
and
8
licensing
under
chapter
135C
.
9
Sec.
2023.
Section
425.28,
subsection
4,
Code
2023,
is
10
amended
to
read
as
follows:
11
4.
In
addition
to
the
sharing
of
information
under
12
subsection
3
,
the
department
of
human
services
may
release
13
information
pertaining
to
a
person’s
eligibility
or
claim
14
for
or
receipt
of
rent
reimbursement
to
an
employee
of
the
15
department
of
inspections
,
and
appeals
,
and
licensing
in
the
16
employee’s
official
conduct
of
an
audit
or
investigation.
17
Sec.
2024.
Section
453A.2,
subsection
6,
Code
2023,
is
18
amended
to
read
as
follows:
19
6.
If
a
county
or
a
city
has
not
assessed
a
penalty
pursuant
20
to
section
453A.22,
subsection
2
,
for
a
violation
of
subsection
21
1
,
within
sixty
days
of
the
adjudication
of
the
violation,
22
the
matter
shall
be
transferred
to
and
be
the
exclusive
23
responsibility
of
the
alcoholic
beverages
division
of
the
24
department
of
commerce.
Following
transfer
of
the
matter,
if
25
the
violation
is
contested,
the
alcoholic
beverages
division
26
of
the
department
of
commerce
shall
request
an
administrative
27
hearing
before
an
administrative
law
judge,
assigned
by
the
28
division
of
administrative
hearings
of
the
department
of
29
inspections
,
and
appeals
,
and
licensing
in
accordance
with
30
the
provisions
of
section
10A.801
,
to
adjudicate
the
matter
31
pursuant
to
chapter
17A
.
32
Sec.
2025.
Section
455B.135,
Code
2023,
is
amended
to
read
33
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as
follows:
34
455B.135
Limit
on
authority.
35
Nothing
contained
in
this
subchapter
II
or
chapter
459,
1
subchapter
II
,
shall
be
deemed
to
grant
to
the
department
or
2
the
director
any
authority
or
jurisdiction
with
respect
to
3
air
pollution
existing
solely
within
residences;
or
solely
4
within
commercial
and
industrial
plants,
works,
or
shops
under
5
the
jurisdiction
of
chapters
chapter
10A,
subchapter
II,
and
6
chapter
88
and
91
;
or
to
affect
the
relations
between
employers
7
and
employees
with
respect
to,
or
arising
out
of,
any
condition
8
of
air
pollution.
9
Sec.
2026.
Section
455B.145,
subsection
2,
paragraphs
b
and
10
c,
Code
2023,
are
amended
to
read
as
follows:
11
b.
The
director
shall
promptly
investigate
the
application
12
and
approve
or
disapprove
the
application.
The
director
may
13
conduct
a
public
hearing
before
action
is
taken
to
approve
or
14
disapprove.
If
the
director
disapproves
issuing
a
certificate,
15
the
political
subdivision
may
appeal
the
action
to
the
16
department
of
inspections
,
and
appeals
,
and
licensing
.
At
the
17
hearing
on
appeal,
the
department
of
inspections
,
and
appeals
,
18
and
licensing
shall
decide
whether
the
local
program
is
19
substantially
consistent
with
the
provisions
of
this
subchapter
20
II
,
or
rules
adopted
under
this
subchapter
II
,
and
whether
the
21
local
program
is
being
enforced.
The
burden
of
proof
shall
be
22
upon
the
political
subdivision.
23
c.
If
the
director
determines
at
any
time
that
a
local
air
24
pollution
program
is
being
conducted
in
a
manner
inconsistent
25
with
the
substantive
provisions
of
this
subchapter
II
or
the
26
rules
adopted
under
this
subchapter
II
,
the
director
shall
27
notify
the
political
subdivision,
citing
the
deviations
28
from
the
acceptable
standards
and
the
corrective
measures
29
to
be
completed
within
a
reasonable
amount
of
time.
If
the
30
corrective
measures
are
not
implemented
as
prescribed,
the
31
director
shall
suspend
in
whole
or
in
part
the
certificate
of
32
acceptance
of
such
political
subdivision
and
shall
administer
33
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the
regulatory
provisions
of
this
subchapter
II
in
whole
or
in
34
part
within
the
political
subdivision
until
the
appropriate
35
standards
are
met.
Upon
receipt
of
evidence
that
necessary
1
corrective
action
has
been
taken,
the
director
shall
reinstate
2
the
suspended
certificate
of
acceptance,
and
the
political
3
subdivision
shall
resume
the
administration
of
the
local
air
4
pollution
control
program
within
its
jurisdiction.
In
cases
5
where
the
certificate
of
acceptance
is
suspended,
the
political
6
subdivision
may
appeal
the
suspension
to
the
department
of
7
inspections
,
and
appeals
,
and
licensing
.
8
Sec.
2027.
Section
455B.271,
subsection
2,
unnumbered
9
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
10
Subject
to
appeal
to
the
department
of
inspections
,
and
11
appeals
,
and
licensing
,
a
permit
may
be
modified
or
canceled
by
12
the
director
if
any
of
the
following
occur:
13
Sec.
2028.
Section
455B.390,
subsection
1,
Code
2023,
is
14
amended
to
read
as
follows:
15
1.
Hazardous
conditions
existing
solely
within
and
which
16
will
probably
continue
to
exist
solely
within
commercial
and
17
industrial
plants,
works,
or
shops
under
the
jurisdiction
of
18
chapters
chapter
10A,
subchapter
II,
and
chapter
88
and
91
.
19
Sec.
2029.
Section
515B.5,
subsection
2,
paragraph
h,
Code
20
2023,
is
amended
to
read
as
follows:
21
h.
Request
that
all
future
payments
of
workers’
compensation
22
weekly
benefits,
medical
expenses,
or
other
payments
under
23
chapter
10A,
subchapter
III,
chapter
85
,
85A
,
85B
,
86
,
or
87
24
be
commuted
to
a
present
lump
sum
and
upon
the
payment
of
25
which,
either
to
the
claimant
or
to
a
licensed
insurer
for
26
purchase
of
an
annuity
or
other
periodic
payment
plan
for
the
27
benefit
of
the
claimant,
the
employer
and
the
association
shall
28
be
discharged
from
all
further
liability
for
the
workers’
29
compensation
claim.
Notwithstanding
the
provisions
of
30
section
85.45
,
any
future
payment
of
medical
expenses,
weekly
31
compensation
benefits,
or
other
payment
by
the
association
32
under
this
chapter
pursuant
to
chapter
10A,
subchapter
III,
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chapter
85
,
85A
,
85B
,
86
,
or
87
,
is
deemed
an
undue
expense,
34
hardship,
or
inconvenience
upon
the
employer
for
purposes
of
35
a
full
commutation
pursuant
to
section
85.45,
subsection
1
,
1
paragraph
“b”
,
and
the
workers’
compensation
commissioner
shall
2
fix
the
lump
sum
of
the
probable
future
medical
expenses
and
3
weekly
compensation
benefits
capitalized
at
their
present
value
4
upon
the
basis
of
interest
at
the
rate
provided
in
section
5
535.3
for
court
judgments
and
decrees.
6
Sec.
2030.
Section
524.208,
Code
2023,
is
amended
to
read
7
as
follows:
8
524.208
Examiners
and
other
employees.
9
The
superintendent
may
appoint
examiners
and
other
10
employees,
including
for
the
banking
division’s
internal
11
information
technology
group,
as
the
superintendent
deems
12
necessary
to
the
proper
discharge
of
the
duties
imposed
upon
13
the
superintendent
by
the
laws
of
this
state.
Pay
plans
shall
14
be
established
for
employees,
other
than
clerical
employees
or
15
employees
of
the
professional
licensing
and
regulation
bureau
16
of
the
banking
division
,
who
examine
the
accounts
and
affairs
17
of
state
banks
and
who
examine
the
accounts
and
affairs
of
18
other
persons,
subject
to
supervision
and
regulation
by
the
19
superintendent,
which
are
substantially
equivalent
to
those
20
paid
by
the
federal
deposit
insurance
corporation
and
other
21
federal
supervisory
agencies
in
this
area
of
the
United
States.
22
Sec.
2031.
Section
524.211,
subsection
5,
Code
2023,
is
23
amended
to
read
as
follows:
24
5.
An
employee
of
the
banking
division,
other
than
the
25
superintendent
or
a
member
of
the
state
banking
council
or
one
26
of
the
boards
in
the
professional
licensing
and
regulation
27
bureau
of
the
division
,
shall
not
perform
any
services
for,
and
28
shall
not
be
a
shareholder,
member,
partner,
owner,
director,
29
officer,
or
employee
of,
any
enterprise,
person,
or
affiliate
30
subject
to
the
regulatory
purview
of
the
banking
division.
31
Sec.
2032.
Section
542B.22,
Code
2023,
is
amended
to
read
32
as
follows:
33
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542B.22
Procedure.
34
Proceedings
for
any
action
under
section
542B.21
shall
be
35
begun
by
filing
with
the
board
written
charges
against
the
1
accused.
Upon
the
filing
of
charges
the
board
may
request
2
the
department
of
inspections
,
and
appeals
,
and
licensing
to
3
conduct
an
investigation
into
the
charges.
The
department
4
of
inspections
,
and
appeals
,
and
licensing
shall
report
its
5
findings
to
the
board,
and
the
board
shall
designate
a
time
6
and
place
for
a
hearing,
and
shall
notify
the
accused
of
this
7
action
and
furnish
the
accused
a
copy
of
all
charges
at
least
8
thirty
days
prior
to
the
date
of
the
hearing.
The
accused
has
9
the
right
to
appear
personally
or
by
counsel,
to
cross-examine
10
witnesses,
and
to
produce
witnesses
in
defense.
11
Sec.
2033.
Section
543C.4,
subsections
1
and
2,
Code
2023,
12
are
amended
to
read
as
follows:
13
1.
The
commission
may
request
the
department
of
14
inspections
,
and
appeals
,
and
licensing
to
conduct
an
15
investigation
and
inspection
to
be
made
of
any
subdivided
land
16
proposed
to
be
offered
for
sale
or
lease
in
this
state
pursuant
17
to
this
chapter
.
The
department
of
inspections
,
and
appeals
,
18
and
licensing
shall
make
a
report
of
its
findings.
19
2.
If
an
inspection
is
to
be
made
of
subdivided
land
20
situated
outside
of
this
state
and
offered
for
sale
in
this
21
state,
the
inspection
as
authorized
by
subsection
1
shall
22
be
made
by
the
department
of
inspections
,
and
appeals
,
23
and
licensing
at
the
expense
of
the
subdivider.
After
the
24
application
required
by
section
543C.2
is
filed
and
after
25
the
filing
fee
required
by
section
543C.8
is
received,
the
26
commission
may
decide
whether
an
inspection
pursuant
to
this
27
subsection
is
to
be
made.
If
the
commission
requires
an
28
inspection,
the
department
of
inspections
,
and
appeals
,
and
29
licensing
shall
so
notify
the
subdivider
and
the
subdivider
30
shall
remit
to
the
department
an
amount
equivalent
to
the
31
round
trip
cost
of
travel
from
this
state
to
the
location
32
of
the
project,
as
estimated
by
the
department
and
a
further
33
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amount
estimated
to
be
necessary
to
cover
the
additional
34
expenses
of
inspection
but
not
to
exceed
fifty
dollars
a
day
35
for
each
day
incurred
in
the
inspection.
The
costs
of
any
1
subsequent
inspections
deemed
necessary
shall
be
paid
for
by
2
the
subdivider.
At
the
completion
of
an
inspection
trip
the
3
department
shall
furnish
the
subdivider
a
statement
as
to
the
4
costs
of
the
inspection
trip,
and
if
the
costs
are
less
than
5
the
amount
advanced
by
the
subdivider
to
the
department,
the
6
remaining
balance
shall
be
refunded
to
the
subdivider.
7
Sec.
2034.
Section
544B.16,
Code
2023,
is
amended
to
read
8
as
follows:
9
544B.16
Complaints
——
procedure.
10
A
person
may
file
a
complaint
with
the
board
against
a
11
professional
landscape
architect
or
the
board
may
initiate
12
a
complaint.
Unless
the
complaint
is
dismissed
by
the
13
board
as
unfounded
or
trivial,
the
board
may
request
the
14
department
of
inspections
,
and
appeals
,
and
licensing
to
15
conduct
an
investigation
into
the
complaint.
The
department
16
of
inspections
,
and
appeals
,
and
licensing
shall
report
its
17
findings
to
the
board,
and
the
board
shall
hold
a
hearing
18
within
sixty
days
after
the
date
on
which
the
complaint
is
19
filed.
The
board
shall
fix
the
time
and
place
for
such
hearing
20
and
shall
cause
a
copy
of
the
complaint,
together
with
a
notice
21
of
the
time
and
place
fixed
for
the
hearing,
to
be
served
on
22
the
accused
at
least
thirty
days
before
the
date
fixed
for
the
23
hearing.
Where
personal
service
cannot
be
effected,
service
24
may
be
effected
by
publication.
At
such
hearing,
the
accused
25
shall
have
the
right
to
appear
personally
or
by
counsel,
to
26
cross-examine
witnesses
against
the
accused,
and
to
produce
27
evidence
and
witnesses
in
defense.
After
the
hearing,
the
28
board
may
suspend
or
revoke
the
certificate
of
licensure.
The
29
board
may
restore
the
certificate
of
licensure
to
any
person
30
whose
certificate
of
licensure
has
been
revoked.
Application
31
for
the
restoration
of
a
certificate
of
licensure
shall
be
made
32
in
such
manner,
form,
and
content
as
the
board
may
prescribe.
33
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Sec.
2035.
Section
546.2,
subsection
6,
unnumbered
34
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
35
Each
division
is
responsible
for
policymaking
and
1
enforcement
duties
assigned
to
the
division
under
the
law.
2
Except
as
provided
in
section
546.10,
subsection
3
:
3
Sec.
2036.
Section
546.3,
subsection
1,
Code
2023,
is
4
amended
to
read
as
follows:
5
1.
The
banking
division
shall
regulate
and
supervise
banks
6
under
chapter
524
,
debt
management
licensees
under
chapter
7
533A
,
money
services
under
chapter
533C
,
delayed
deposit
8
services
under
chapter
533D
,
mortgage
bankers
and
brokers
9
under
chapter
535B
,
regulated
loan
companies
under
chapter
10
536
,
and
industrial
loan
companies
under
chapter
536A
,
real
11
estate
appraisers
under
chapter
543D
,
and
appraisal
management
12
companies
under
chapter
543E
,
and
shall
perform
other
duties
13
assigned
to
the
division
by
law.
The
division
is
headed
by
the
14
superintendent
of
banking
who
is
appointed
pursuant
to
section
15
524.201
.
The
state
banking
council
shall
render
advice
within
16
the
division
when
requested
by
the
superintendent.
17
Sec.
2037.
Section
600.2,
subsection
2,
Code
2023,
is
18
amended
to
read
as
follows:
19
2.
“Investigator”
means
a
natural
person
who
is
certified
or
20
approved
by
the
department
of
human
services,
after
inspection
21
by
the
department
of
inspections
,
and
appeals
,
and
licensing
,
22
as
being
capable
of
conducting
an
investigation
under
section
23
600.8
.
24
Sec.
2038.
Section
600A.2,
subsection
5,
Code
2023,
is
25
amended
to
read
as
follows:
26
5.
“Certified
adoption
investigator”
means
a
person
who
is
27
certified
and
approved
by
the
department
of
human
services,
28
after
inspection
by
the
department
of
inspections
,
and
appeals
,
29
and
licensing
,
as
being
capable
of
conducting
an
investigation
30
under
section
600.8
.
31
Sec.
2039.
Section
626.29,
Code
2023,
is
amended
to
read
as
32
follows:
33
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626.29
Distress
warrant
by
director
of
revenue,
director
of
34
inspections
,
and
appeals
,
and
licensing
,
or
director
of
workforce
35
development.
1
In
the
service
of
a
distress
warrant
issued
by
the
director
2
of
revenue
for
the
collection
of
taxes
administered
by
or
debts
3
to
be
collected
by
the
department
of
revenue,
in
the
service
of
4
a
distress
warrant
issued
by
the
director
of
inspections
,
and
5
appeals
,
and
licensing
for
the
collection
of
overpayment
debts
6
owed
to
the
department
of
human
services,
or
in
the
service
of
7
a
distress
warrant
issued
by
the
director
of
the
department
of
8
workforce
development
for
the
collection
of
employment
security
9
contributions,
the
property
of
the
taxpayer
or
the
employer
in
10
the
possession
of
another,
or
debts
due
the
taxpayer
or
the
11
employer,
may
be
reached
by
garnishment.
12
Sec.
2040.
Section
626.30,
Code
2023,
is
amended
to
read
as
13
follows:
14
626.30
Expiration
or
return
of
distress
warrant.
15
Proceedings
by
garnishment
under
a
distress
warrant
issued
16
by
the
director
of
revenue
or
the
director
of
inspections
,
and
17
appeals
,
and
licensing
shall
not
be
affected
by
the
expiration
18
or
return
of
the
warrant.
19
Sec.
2041.
Section
626.31,
Code
2023,
is
amended
to
read
as
20
follows:
21
626.31
Return
of
garnishment
——
action
docketed
——
distress
22
action.
23
Where
parties
have
been
garnished
under
a
distress
24
warrant
issued
by
the
director
of
revenue
or
the
director
of
25
inspections
,
and
appeals
,
and
licensing
,
the
officer
shall
make
26
return
thereof
to
the
court
in
the
county
where
the
garnishee
27
lives,
if
the
garnishee
lives
in
Iowa,
otherwise
in
the
county
28
where
the
taxpayer
resides,
if
the
taxpayer
lives
in
Iowa;
29
and
if
neither
the
garnishee
nor
the
taxpayer
lives
in
Iowa,
30
then
to
the
district
court
in
Polk
county,
Iowa;
the
officer
31
shall
make
return
in
the
same
manner
as
a
return
is
made
on
32
a
garnishment
made
under
a
writ
of
execution
so
far
as
they
33
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relate
to
garnishments,
and
the
clerk
of
the
district
court
34
shall
docket
an
action
thereon
without
fee
the
same
as
if
a
35
judgment
had
been
recovered
against
the
taxpayer
in
the
county
1
where
the
return
is
made,
an
execution
issued
thereon,
and
2
garnishment
made
thereunder,
and
thereafter
the
proceedings
3
shall
conform
to
proceedings
in
garnishment
under
attachments
4
as
nearly
as
may
be.
The
warrant
shall
be
considered
in
all
5
respects
as
a
final
judgment.
6
Sec.
2042.
Section
626.76,
Code
2023,
is
amended
to
read
as
7
follows:
8
626.76
Labor
commissioner
Department
of
inspections,
appeals,
9
and
licensing
director
to
represent.
10
The
labor
commissioner,
appointed
pursuant
to
section
11
91.2
director
of
the
department
of
inspections,
appeals,
12
and
licensing
,
may,
at
the
labor
commissioner’s
director’s
13
discretion,
represent
laborers
or
employees
seeking
payment
for
14
labor
or
wage
claims
from
the
receiver,
trustee,
or
assignee,
15
or
the
court,
or
the
person
charged
with
the
property,
in
16
accordance
with
and
subject
to
the
provisions
of
sections
17
626.69
and
626.71
.
18
Sec.
2043.
Section
724.21A,
subsections
1
and
6,
Code
2023,
19
are
amended
to
read
as
follows:
20
1.
In
any
case
where
the
sheriff
or
the
commissioner
of
21
public
safety
denies
an
application
for
or
suspends
or
revokes
22
a
permit
to
carry
weapons
or
a
permit
to
acquire
pistols
23
or
revolvers,
the
sheriff
or
commissioner
shall
provide
a
24
written
statement
of
the
reasons
for
the
denial,
suspension,
or
25
revocation
and
the
applicant
or
permit
holder
shall
have
the
26
right
to
appeal
the
denial,
suspension,
or
revocation
to
an
27
administrative
law
judge
in
the
department
of
inspections
,
and
28
appeals
,
and
licensing
within
thirty
days
of
receiving
written
29
notice
of
the
denial,
suspension,
or
revocation.
30
6.
The
department
of
inspections
,
and
appeals
,
and
31
licensing
shall
adopt
rules
pursuant
to
chapter
17A
as
32
necessary
to
carry
out
the
provisions
of
this
section
.
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Sec.
2044.
Section
729.6,
subsection
9,
paragraph
a,
Code
34
2023,
is
amended
to
read
as
follows:
35
a.
Investigating
a
workers’
compensation
claim
under
chapter
1
10A,
subchapter
III,
and
chapters
85
,
85A
,
and
85B
,
and
86
.
2
Sec.
2045.
Section
815.11,
subsection
1,
Code
2023,
is
3
amended
to
read
as
follows:
4
1.
Costs
incurred
for
legal
representation
by
a
5
court-appointed
attorney
under
chapter
229A
,
665
,
822
,
or
908
,
6
or
section
232.141,
subsection
3
,
paragraph
“d”
,
or
section
7
598.23A
,
600A.6B
,
814.9
,
814.10
,
814.11
,
815.4
,
815.7
,
or
8
815.10
on
behalf
of
an
indigent
shall
be
paid
from
moneys
9
appropriated
by
the
general
assembly
to
the
office
of
the
state
10
public
defender
in
the
department
of
inspections
,
and
appeals
,
11
and
licensing
and
deposited
in
an
account
to
be
known
as
the
12
indigent
defense
fund,
except
as
provided
in
subsection
2
.
13
Costs
incurred
representing
an
indigent
defendant
in
a
contempt
14
action,
representing
an
indigent
juvenile
in
a
juvenile
court
15
proceeding,
or
representing
a
person
pursuant
to
section
13B.13
16
are
also
payable
from
the
fund.
However,
costs
incurred
in
any
17
administrative
proceeding
or
in
any
other
proceeding
under
this
18
chapter
or
chapter
598
,
600
,
600A
,
633
,
633A
,
814
,
or
915
or
19
other
provisions
of
the
Code
or
administrative
rules
are
not
20
payable
from
the
fund.
21
Sec.
2046.
Section
915.83,
subsection
4,
Code
2023,
is
22
amended
to
read
as
follows:
23
4.
Request
from
the
department
of
human
services,
the
24
department
of
workforce
development
and
its
,
the
division
25
of
workers’
compensation
of
the
department
of
inspections,
26
appeals,
and
licensing
,
the
department
of
public
safety,
the
27
county
sheriff
departments,
the
municipal
police
departments,
28
the
county
attorneys,
or
other
public
authorities
or
agencies
29
reasonable
assistance
or
data
necessary
to
administer
the
crime
30
victim
compensation
program.
31
Sec.
2047.
2020
Iowa
Acts,
chapter
1064,
section
16,
32
subsection
4,
is
amended
to
read
as
follows:
33
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4.
Priority.
In
the
case
of
multiple
claims
to
payments
34
filed
under
this
section
,
priority
shall
be
given
to
claims
35
filed
by
the
child
support
recovery
unit
or
the
foster
care
1
recovery
unit,
next
priority
shall
be
given
to
claims
filed
2
by
the
clerk
of
the
district
court,
next
priority
shall
be
3
given
to
claims
filed
by
the
investigations
division
of
the
4
department
of
inspections
,
and
appeals,
and
licensing
relating
5
to
investigations
by
the
department,
next
priority
shall
be
6
given
to
claims
that
will
be
deposited
into
the
state
general
7
fund,
and
last
priority
shall
be
given
to
claims
filed
by
other
8
public
agencies.
In
the
case
of
multiple
claims
in
which
the
9
priority
is
not
otherwise
provided
by
this
subsection
,
priority
10
shall
be
determined
in
accordance
with
rules
to
be
established
11
by
the
department.
12
Sec.
2048.
CODE
EDITOR
DIRECTIVE.
13
1.
The
Code
editor
is
directed
to
make
the
following
14
transfers:
15
a.
Section
92.1
to
section
92.1A.
16
b.
Section
92.1B
to
section
92.1.
17
2.
The
Code
editor
shall
correct
internal
references
in
the
18
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
19
enactment
of
this
section.
20
Sec.
2049.
CONTINGENT
EFFECTIVE
DATE.
The
following
takes
21
effect
on
the
effective
date
of
the
rules
adopted
by
the
22
department
of
revenue
pursuant
to
chapter
17A
implementing
2020
23
Iowa
Acts,
chapter
1064,
other
than
transitional
rules:
24
The
section
of
this
division
of
this
Act
amending
2020
Iowa
25
Acts,
chapter
1064.
26
DIVISION
IV
27
DEPARTMENT
OF
JUSTICE
28
Sec.
2050.
Section
6B.18,
subsection
3,
Code
2023,
is
29
amended
to
read
as
follows:
30
3.
In
case
of
condemnation
proceedings
instituted
by
the
31
state
department
of
transportation,
when
the
owner
appeals
from
32
the
assessment
made,
such
notice
of
appeal
shall
be
served
upon
33
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the
attorney
general
,
or
the
department
general
counsel
to
34
the
state
department
of
transportation,
or
the
chief
highway
35
engineer
for
the
department.
1
Sec.
2051.
Section
8A.412,
subsection
11,
Code
2023,
is
2
amended
to
read
as
follows:
3
11.
Professional
employees
under
the
supervision
of
the
4
attorney
general,
the
state
public
defender,
the
secretary
5
of
state,
the
auditor
of
state,
the
treasurer
of
state,
and
6
the
public
employment
relations
board.
However,
employees
of
7
the
consumer
advocate
division
of
the
department
of
justice,
8
other
than
the
consumer
advocate,
and
administrative
law
judges
9
appointed
or
employed
by
the
public
employment
relations
board
10
are
subject
to
the
merit
system.
11
Sec.
2052.
Section
13.2,
subsection
1,
paragraphs
b
and
o,
12
Code
2023,
are
amended
to
read
as
follows:
13
b.
Prosecute
and
defend
in
any
other
court
or
tribunal,
14
all
actions
and
proceedings,
civil
or
criminal,
in
which
the
15
state
may
be
a
party
or
interested,
when,
in
the
attorney
16
general’s
judgment,
the
interest
of
the
state
requires
such
17
action,
or
when
requested
to
do
so
by
the
governor,
executive
18
council,
or
general
assembly.
The
attorney
general
may
19
prosecute
a
criminal
proceeding
on
behalf
of
the
state
even
if
20
a
county
attorney
does
not
request
the
attorney
general
to
act
21
as
a
county
attorney
in
a
proceeding
under
section
331.754,
22
subsection
7.
23
o.
Submit
a
report
by
January
15
of
each
year
to
the
24
co-chairpersons
and
ranking
members
of
the
joint
appropriations
25
subcommittee
on
the
justice
system,
to
the
executive
council,
26
and
to
the
legislative
services
agency
detailing
the
amount
of
27
annual
money
receipts
generated
by
each
settlement
or
judgment
28
in
excess
of
two
hundred
fifty
thousand
dollars
collected
29
pursuant
to
legal
proceedings
under
chapters
455B
,
553
,
and
714
30
all
money
settlement
awards
and
court
money
awards
that
were
31
awarded
to
the
state
of
Iowa
.
The
report
shall
include
the
32
name
of
the
civil
or
criminal
case
involved,
the
specify
the
33
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parties
to
each
settlement
or
court
proceeding,
any
court
of
34
jurisdiction,
the
settlement
amount,
the
state’s
share
of
the
35
settlement
amount,
the
name
of
the
fund
in
which
the
receipts
1
were
deposited,
and
the
planned
use
of
the
moneys.
2
Sec.
2053.
Section
13.4,
Code
2023,
is
amended
to
read
as
3
follows:
4
13.4
Assistant
and
deputy
attorneys
general.
5
The
attorney
general
may
appoint
a
first
assistant
chief
6
deputy
attorney
general
and
such
other
deputy
and
assistant
7
attorneys
general
as
may
be
authorized
by
law,
who
shall
devote
8
their
entire
time
to
the
duties
of
their
positions.
The
deputy
9
and
assistant
attorneys
general
shall,
subject
to
the
direction
10
of
the
attorney
general,
have
the
same
power
and
authority
as
11
the
attorney
general.
12
Sec.
2054.
Section
13.6,
Code
2023,
is
amended
by
striking
13
the
section
and
inserting
in
lieu
thereof
the
following:
14
13.6
Agency
reimbursement
for
legal
services.
15
The
attorney
general
may
charge
departments,
agencies,
and
16
other
state
governmental
entities
for
the
cost
of
performing
17
legal
services
for
the
department,
agency,
or
governmental
18
entity.
Upon
request
of
the
attorney
general,
a
department
19
or
agency
shall
provide
and
equip
a
suitable
office
for
an
20
assistant
attorney
general
or
other
staff
providing
legal
21
services
exclusively
for
that
department
or
agency.
22
Sec.
2055.
Section
13.7,
subsection
1,
Code
2023,
is
amended
23
to
read
as
follows:
24
1.
Compensation
shall
not
be
allowed
to
any
person
for
25
services
as
an
attorney
or
counselor
to
an
executive
department
26
of
the
state
government,
or
the
head
of
an
executive
department
27
of
state
government,
or
to
a
state
board
or
commission
A
28
department,
agency,
or
other
state
governmental
entity
shall
29
not
contract
for
legal
services
to
be
provided
by
a
private
30
attorney
unless
authorized
by
the
executive
council
under
31
this
section
or
section
13.3
.
However,
the
The
executive
32
council
may
authorize
employment
of
legal
assistance,
at
a
33
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reasonable
compensation,
in
a
pending
action
or
proceeding
to
34
protect
the
interests
of
the
state,
but
only
upon
a
sufficient
35
showing,
in
writing,
made
by
the
attorney
general,
that
the
1
department
of
justice
cannot
for
reasons
stated
by
the
attorney
2
general
perform
the
service.
The
reasons
and
action
of
the
3
executive
council
shall
be
entered
upon
its
records.
If
the
4
attorney
general
determines
that
the
department
of
justice
5
cannot
perform
legal
service
in
an
action
or
proceeding,
6
the
executive
council
shall
request
the
department
involved
7
in
the
action
or
proceeding
to
recommend
legal
counsel
to
8
represent
the
department.
If
the
attorney
general
concurs
with
9
the
department
that
the
person
recommended
is
qualified
and
10
suitable
to
represent
the
department,
the
person
recommended
11
shall
be
employed.
If
the
attorney
general
does
not
concur
12
in
the
recommendation,
the
department
shall
submit
a
new
13
recommendation.
This
subsection
does
not
affect
the
general
14
counsel
for
the
utilities
board
of
the
department
of
commerce,
15
the
legal
counsel
of
the
department
of
workforce
development,
16
or
the
general
counsel
for
the
property
assessment
appeal
17
board.
18
Sec.
2056.
Section
13.9,
Code
2023,
is
amended
to
read
as
19
follows:
20
13.9
Salary.
21
The
salary
of
the
attorney
general
shall
be
as
fixed
by
22
the
general
assembly,
and
the
salaries
of
the
first
assistant
23
chief
deputy
attorney
general
and
other
deputy
and
assistant
24
attorneys
general
shall
be
such
as
may
be
fixed
by
law.
25
Sec.
2057.
Section
13.11,
Code
2023,
is
amended
by
striking
26
the
section
and
inserting
in
lieu
thereof
the
following:
27
13.11
Exclusive
criminal
jurisdiction
over
election
crimes.
28
Notwithstanding
any
provision
of
law
to
the
contrary,
the
29
attorney
general
shall
have
exclusive
jurisdiction
to
prosecute
30
all
criminal
proceedings
under
chapter
39A.
31
Sec.
2058.
Section
20.4,
subsection
9,
Code
2023,
is
amended
32
to
read
as
follows:
33
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9.
Persons
employed
by
the
state
department
of
justice
,
34
except
nonsupervisory
employees
of
the
consumer
advocate
35
division
who
are
employed
primarily
for
the
purpose
of
1
performing
technical
analysis
of
nonlegal
issues
.
2
Sec.
2059.
Section
25.1,
subsection
2,
unnumbered
paragraph
3
1,
Code
2023,
is
amended
to
read
as
follows:
4
The
state
appeal
board
shall
make
a
record
of
the
receipt
5
of
claims
received
from
the
director
of
the
department
of
6
management,
notify
the
special
assistant
attorney
general
for
7
claims
,
and
deliver
a
copy
to
the
state
official
or
agency
8
against
whom
the
claim
is
made,
if
any.
9
Sec.
2060.
Section
25.1,
subsection
2,
paragraph
a,
Code
10
2023,
is
amended
to
read
as
follows:
11
a.
The
official
or
agency
shall
report
its
recommendations
12
concerning
the
claim
to
the
special
assistant
attorney
general
13
for
claims
who,
with
a
view
to
determining
the
merits
and
14
legality
of
the
claim,
shall
investigate
the
claim
and
report
15
the
findings
and
conclusions
of
the
investigation
to
the
state
16
appeal
board.
17
Sec.
2061.
Section
25.2,
subsection
1,
unnumbered
paragraph
18
1,
Code
2023,
is
amended
to
read
as
follows:
19
The
state
appeal
board
with
the
recommendation
of
the
20
special
assistant
attorney
general
for
claims
may
approve
21
or
reject
claims
against
the
state
of
less
than
five
years
22
involving
the
following:
23
Sec.
2062.
Section
25.3,
Code
2023,
is
amended
to
read
as
24
follows:
25
25.3
Filing
with
general
assembly
——
testimony.
26
On
the
second
day
after
the
convening
of
each
regular
27
session
of
the
general
assembly,
the
state
appeal
board
shall
28
file
with
the
clerk
of
the
house
of
representatives
and
the
29
secretary
of
the
senate
a
list
of
all
claims
rejected
by
the
30
state
appeal
board
together
with
a
copy
of
the
report
made
31
to
it
by
the
special
assistant
attorney
general
for
claims
32
and
its
recommendation
thereon
for
each
claim,
which
report
33
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and
recommendation
shall
be
delivered
to
the
claims
committee
34
of
the
house
and
senate.
Any
testimony
taken
by
the
special
35
assistant
attorney
general
for
claims
shall
be
preserved
by
the
1
state
appeal
board
and
made
available
to
the
claims
committee
2
of
the
general
assembly.
3
Sec.
2063.
Section
25.4,
Code
2023,
is
amended
to
read
as
4
follows:
5
25.4
Assistant
attorney
Attorney
general
——
salary
.
6
The
attorney
general
shall
appoint
a
special
assistant
7
attorney
general
for
claims
who
shall,
under
the
direction
of
8
the
attorney
general,
investigate
and
report
on
all
claims
9
between
the
state
and
other
parties,
which
may
be
referred
to
10
the
state
appeal
board,
and
on
any
other
claims
or
matters
11
which
the
state
appeal
board
or
the
attorney
general
may
12
direct.
13
Sec.
2064.
Section
25.5,
Code
2023,
is
amended
to
read
as
14
follows:
15
25.5
Testimony
——
filing
with
board.
16
The
special
assistant
attorney
general
for
claims
shall
17
fully
investigate
each
claim
and
the
facts
upon
which
same
18
is
based
and
may
take
testimony
in
the
form
of
affidavits
or
19
otherwise,
and
in
connection
therewith
shall
ex
officio
be
20
empowered
to
administer
oaths,
to
compel
the
attendance
of
21
witnesses
and
certify
to
any
district
court
for
contempt.
All
22
testimony,
affidavits,
and
other
papers
in
connection
with
23
a
claim,
obtained
by
the
special
assistant
attorney
general
24
for
claims
in
making
an
investigation
shall
be
filed
with
the
25
report
to
the
state
appeal
board.
26
Sec.
2065.
Section
25.6,
Code
2023,
is
amended
to
read
as
27
follows:
28
25.6
Claims
by
state
against
municipalities.
29
The
state
appeal
board
may
investigate
and
collect
claims
30
which
the
state
has
against
municipal
or
political
corporations
31
in
the
state
including
counties,
cities,
townships,
and
school
32
corporations.
The
board
shall
refer
any
such
claim
to
the
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special
assistant
attorney
general
for
claims
,
when
the
claim
34
has
not
been
promptly
paid,
and
if
the
special
assistant
35
attorney
general
for
claims
is
not
able
to
collect
the
full
1
amount
of
the
claim,
the
special
assistant
attorney
general
2
shall
fully
investigate
and
report
to
the
state
appeal
board
3
findings
of
fact
and
conclusions
of
law,
together
with
any
4
recommendation
as
to
the
claim.
Thereafter
the
state
appeal
5
board
may
effect
a
compromise
settlement
with
the
debtor
in
an
6
amount
and
under
terms
as
the
board
deems
just
and
equitable
7
in
view
of
the
findings
and
conclusions
reported
to
it.
If
8
the
state
appeal
board
is
unable
to
collect
a
claim
in
full
9
or
effect
what
it
has
determined
to
be
a
fair
compromise,
it
10
shall
deliver
the
claim
to
the
attorney
general
for
action
11
as
the
attorney
general
shall
determine
and
the
special
12
assistant
attorney
general
for
claims
is
specifically
charged
13
with
carrying
out
the
directions
of
the
attorney
general
with
14
reference
to
the
claim
.
When
a
claim
is
compromised
by
the
15
state
appeal
board,
the
board
shall
file
with
the
department
16
of
management
and
the
department
of
administrative
services
a
17
statement
as
to
the
settlement,
together
with
a
true
copy
of
18
the
agreement
of
settlement,
and
if
in
settlement
an
amount
19
less
than
the
face
amount
is
accepted
in
full,
the
proper
20
entries
shall
be
made
in
the
books
of
the
department
of
21
management,
the
department
of
administrative
services,
and
the
22
auditor
of
state
showing
the
amount
of
the
claim,
the
amount
of
23
the
settlement,
and
the
amount
charged
off.
24
Sec.
2066.
Section
39A.6,
subsection
4,
Code
2023,
is
25
amended
to
read
as
follows:
26
4.
Upon
issuing
a
technical
infraction,
the
state
27
commissioner
shall
immediately
inform
the
attorney
general
and
28
relevant
county
attorney
if
the
apparent
violation
constitutes
29
or
may
constitute
election
misconduct
under
this
chapter
.
30
Sec.
2067.
Section
39A.7,
Code
2023,
is
amended
to
read
as
31
follows:
32
39A.7
Election
misconduct
——
investigation.
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1.
The
attorney
general
or
county
attorney
shall
34
investigate
allegations
of
election
misconduct
reported
to
the
35
attorney
general
or
county
attorney
.
Election
misconduct
by
an
1
election
official
shall
also
be
investigated
for
prosecution
2
under
chapter
721
.
3
2.
Upon
the
completion
of
an
investigation
required
by
this
4
section
,
the
attorney
general
or
county
attorney
shall
submit
5
the
results
of
the
investigation
to
the
state
commissioner
and
6
explain
whether
the
attorney
general
or
county
attorney
will
7
pursue
charges.
8
Sec.
2068.
Section
48A.41,
subsection
2,
Code
2023,
is
9
amended
to
read
as
follows:
10
2.
If
in
the
course
of
an
audit
under
this
section
the
state
11
registrar
of
voters
finds
that
a
commissioner
of
registration
12
has
failed
to
perform
required
voter
list
maintenance,
13
the
state
registrar
of
voters
shall
submit
the
audit
to
14
the
relevant
county
attorney
and
attorney
general
within
15
twenty-four
hours
for
investigation
of
a
violation
of
section
16
39A.3,
subsection
1
,
paragraph
“b”
,
subparagraph
(9),
or
other
17
provision
of
law.
18
Sec.
2069.
Section
80.1,
Code
2023,
is
amended
to
read
as
19
follows:
20
80.1
Department
created.
21
There
is
hereby
created
a
department
of
the
state
government
22
which
shall
be
known
and
designated
as
the
department
of
public
23
safety,
which
shall
consist
of
a
commissioner
of
public
safety
24
and
of
such
officers
and
employees
as
may
be
required
,
one
of
25
whom
shall
be
an
attorney
admitted
to
practice
law
in
this
26
state
.
Such
attorney
shall
be
an
assistant
attorney
general
27
appointed
by
the
attorney
general
who
shall
fix
the
assistant’s
28
salary.
The
department
shall
reimburse
the
attorney
general
29
for
the
salary
and
expense
of
such
assistant
attorney
general
30
and
furnish
the
assistant
a
suitable
office
if
requested
by
the
31
attorney
general.
32
Sec.
2070.
Section
307.23,
Code
2023,
is
amended
to
read
as
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follows:
34
307.23
General
Legal
counsel.
35
1.
The
general
counsel
shall
be
a
special
assistant
attorney
1
general
appointed
by
the
attorney
general
who
shall
act
as
the
2
attorney
for
the
department.
The
general
counsel
shall
have
3
the
following
duties
and
responsibilities
It
shall
be
the
duty
4
of
the
attorney
general
to
do
all
of
the
following
:
5
a.
Act
as
legal
advisor
to
the
department,
commission
,
and
6
the
director.
7
b.
Provide
all
legal
services
for
the
department.
8
2.
The
attorney
general
shall
appoint
additional
assistant
9
attorneys
general
as
the
director
deems
necessary
to
carry
10
out
the
these
duties
assigned
to
the
office
of
the
general
11
counsel
.
The
salary
of
the
general
counsel
shall
be
fixed
by
12
the
director,
subject
to
the
approval
of
the
attorney
general.
13
The
director
shall
provide
and
furnish
a
suitable
office
for
14
the
general
counsel
upon
request
of
the
attorney
general.
15
Sec.
2071.
Section
327C.30,
Code
2023,
is
amended
to
read
16
as
follows:
17
327C.30
Duty
of
department,
general
counsel
attorney
general,
18
and
county
attorney.
19
When
any
proceeding
has
been
instituted
under
sections
20
327C.28
and
327C.29
,
the
department
attorney
general
counsel
21
shall
prosecute
the
same,
and
the
county
attorney
of
the
22
county
in
which
such
proceeding
is
pending
shall
render
such
23
assistance
as
the
department
attorney
general
counsel
may
24
require.
25
Sec.
2072.
Section
331.756,
subsection
49,
Code
2023,
is
26
amended
to
read
as
follows:
27
49.
Assist,
upon
request,
the
department
of
28
transportation’s
attorney
general
counsel
in
the
prosecution
of
29
violations
of
common
carrier
laws
and
regulations
as
provided
30
in
section
327C.30
.
31
Sec.
2073.
Section
475A.1,
subsections
1
and
2,
Code
2023,
32
are
amended
to
read
as
follows:
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1.
Appointment.
The
attorney
general
shall
appoint
a
34
competent
attorney
to
the
office
of
consumer
advocate,
who
35
shall
serve
at
the
pleasure
of
the
attorney
general,
subject
to
1
confirmation
by
the
senate,
no
less
frequently
than
once
every
2
four
years,
in
accordance
with
section
2.32
.
The
consumer
3
advocate
is
the
chief
administrator
of
the
consumer
advocate
4
division
of
the
department
of
justice.
The
advocate’s
term
of
5
office
is
for
four
years.
The
term
begins
and
ends
in
the
same
6
manner
as
set
forth
in
section
69.19
.
7
2.
Vacancy.
If
a
vacancy
occurs
in
the
office
of
consumer
8
advocate,
the
vacancy
shall
be
filled
for
the
unexpired
term
in
9
the
same
manner
as
an
original
appointment
under
the
procedures
10
of
section
2.32
.
11
Sec.
2074.
Section
475A.1,
subsection
5,
Code
2023,
is
12
amended
by
striking
the
subsection.
13
Sec.
2075.
Section
475A.2,
subsections
2
and
5,
Code
2023,
14
are
amended
to
read
as
follows:
15
2.
Act
as
attorney
for
and
represent
Represent
the
interests
16
of
all
consumers
generally
and
the
public
generally
in
all
17
proceedings
before
the
utilities
board.
18
5.
Act
as
attorney
for
and
represent
Represent
the
19
interests
of
all
consumers
generally
and
the
public
generally
20
in
proceedings
before
federal
and
state
agencies
and
related
21
judicial
review
proceedings
and
appeals,
at
the
discretion
of
22
the
consumer
advocate.
23
Sec.
2076.
Section
475A.3,
subsection
2,
Code
2023,
is
24
amended
to
read
as
follows:
25
2.
Employees.
The
consumer
advocate
attorney
general
26
may
employ
attorneys,
legal
assistants,
secretaries,
clerks,
27
and
other
employees
the
consumer
advocate
finds
necessary
28
for
the
full
and
efficient
discharge
of
the
duties
and
29
responsibilities
of
the
office
consumer
advocate
division
.
The
30
consumer
advocate
may
employ
consultants
as
expert
witnesses
31
or
technical
advisors
pursuant
to
contract
as
the
consumer
32
advocate
finds
necessary
for
the
full
and
efficient
discharge
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of
the
duties
of
the
office.
Employees
of
the
consumer
34
advocate
division,
other
than
the
consumer
advocate,
are
35
subject
to
merit
employment,
except
as
provided
in
section
1
8A.412
.
2
Sec.
2077.
REPEAL.
Section
13.5,
Code
2023,
is
repealed.
3
Sec.
2078.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
4
deemed
of
immediate
importance,
takes
effect
upon
enactment.
5
DIVISION
V
6
ECONOMIC
DEVELOPMENT
AUTHORITY
7
CULTURAL
AFFAIRS
8
Sec.
2079.
Section
7E.5,
subsection
1,
paragraph
g,
Code
9
2023,
is
amended
to
read
as
follows:
10
g.
The
economic
development
authority,
created
in
section
11
15.105
,
which
has
responsibility
for
ensuring
that
the
12
economic
development
policies
of
the
state
are
effectively
and
13
efficiently
carried
out
,
and
for
managing
the
state’s
interest
14
in
the
areas
of
the
arts,
history,
and
other
cultural
matters
.
15
Sec.
2080.
Section
7E.5,
subsection
1,
paragraph
l,
Code
16
2023,
is
amended
by
striking
the
paragraph.
17
Sec.
2081.
Section
8A.412,
subsection
14,
Code
2023,
is
18
amended
by
striking
the
subsection.
19
Sec.
2082.
Section
15.108,
subsection
5,
paragraph
c,
Code
20
2023,
is
amended
to
read
as
follows:
21
c.
Coordinate
and
develop
with
the
department
of
22
transportation,
the
department
of
natural
resources,
the
23
department
of
cultural
affairs,
the
enhance
Iowa
board,
24
other
state
agencies,
and
local
and
regional
entities
public
25
interpretation,
marketing,
and
education
programs
that
26
encourage
Iowans
and
out-of-state
visitors
to
participate
in
27
the
recreational
and
leisure
opportunities
available
in
Iowa.
28
The
authority
shall
establish
and
administer
a
program
that
29
helps
connect
both
Iowa
residents
and
residents
of
other
states
30
to
new
and
existing
Iowa
experiences
as
a
means
to
enhance
the
31
economic,
social,
and
cultural
well-being
of
the
state.
The
32
program
shall
include
a
broad
range
of
new
opportunities,
both
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rural
and
urban,
including
main
street
destinations,
green
34
space
initiatives,
and
artistic
and
cultural
attractions.
35
Sec.
2083.
Section
15.108,
subsection
5,
paragraph
l,
Code
1
2023,
is
amended
by
striking
the
paragraph.
2
Sec.
2084.
Section
15.108,
subsection
9,
Code
2023,
is
3
amended
by
striking
the
subsection
and
inserting
in
lieu
4
thereof
the
following:
5
9.
Cultural
affairs.
To
develop
the
state’s
interest
in
6
the
areas
of
the
arts,
history,
and
other
cultural
matters.
To
7
carry
out
this
responsibility,
the
authority
shall:
8
a.
Accept,
receive,
and
administer
grants
or
other
funds
or
9
gifts
from
public
or
private
agencies,
including
the
federal
10
government,
for
the
authority.
11
b.
Administer
the
Iowa
cultural
trust,
as
advised
and
12
assisted
by
the
Iowa
arts
council,
as
provided
in
chapter
303A,
13
and
do
all
of
the
following:
14
(1)
Develop
and
adopt
by
rule
criteria
for
the
issuance
15
of
trust
fund
credits
by
measuring
the
efforts
of
qualified
16
organizations
to
increase
their
endowment
or
other
resources
17
for
the
promotion
of
the
arts,
history,
or
the
sciences
and
18
humanities
in
Iowa.
For
purposes
of
this
paragraph,
“qualified
19
organization”
means
a
tax-exempt,
nonprofit
organization
20
whose
primary
mission
is
to
promote
the
arts,
history,
or
the
21
sciences
and
humanities
in
Iowa.
If
the
authority
determines
22
that
a
qualified
organization
has
increased
the
amount
of
the
23
qualified
organization’s
endowment
and
other
resources,
the
24
authority
shall
certify
the
amount
of
increase
in
the
form
of
25
trust
fund
credits
to
the
treasurer,
who
shall
deposit
in
the
26
Iowa
cultural
trust
fund,
from
moneys
received
for
purposes
27
of
the
trust
fund
as
provided
in
section
303A.4,
subsection
28
2,
an
amount
equal
to
the
trust
fund
credits.
If
the
amount
29
of
the
trust
fund
credits
issued
by
the
authority
exceeds
the
30
amount
of
moneys
available
to
be
deposited
in
the
trust
fund
as
31
provided
in
section
303A.4,
subsection
2,
the
outstanding
trust
32
fund
credits
shall
not
expire
but
shall
be
available
to
draw
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down
additional
moneys
which
become
available
to
be
deposited
34
in
the
trust
fund
as
provided
in
section
303A.4,
subsection
2.
35
(2)
Develop
and
implement,
in
accordance
with
subchapter
1
II,
part
30,
a
grant
application
process
for
grants
issued
to
2
qualified
organizations.
3
(3)
Develop
and
adopt
by
rule
criteria
for
the
approval
of
4
Iowa
cultural
trust
grants.
The
criteria
shall
include
but
5
shall
not
be
limited
to
the
future
stability
and
sustainability
6
of
a
qualified
organization.
7
(4)
Compile,
in
consultation
with
the
Iowa
arts
council,
8
a
list
of
grant
applications
recommended
for
funding
in
9
accordance
with
the
amount
available
for
distribution
as
10
provided
in
section
303A.6,
subsection
3.
The
list
of
11
recommended
grant
applications
shall
be
submitted
to
the
Iowa
12
cultural
trust
board
of
trustees
for
approval.
13
(5)
Monitor
the
allocation
and
use
of
grant
moneys
by
all
14
qualified
organizations
to
determine
whether
moneys
are
used
15
in
accordance
with
the
provisions
of
this
paragraph
“b”
and
16
subchapter
II,
part
30.
The
authority
shall
annually
submit
17
a
report
with
the
authority’s
findings
and
recommendations
to
18
the
Iowa
cultural
trust
board
of
trustees
prior
to
final
board
19
action
in
approving
grants
for
the
next
succeeding
fiscal
year.
20
c.
Design
a
comprehensive,
statewide,
long-range
plan
with
21
the
assistance
of
the
Iowa
arts
council
to
develop
the
arts
22
in
Iowa.
The
authority
is
designated
as
the
state
agency
for
23
carrying
out
the
plan.
24
d.
By
rule,
establish
advisory
groups
as
necessary
for
the
25
receipt
of
federal
funds
or
grants
or
the
administration
of
any
26
of
the
authority’s
programs.
27
e.
Develop
and
implement
fee-based
educational
programming
28
opportunities,
including
preschool
programs,
related
to
arts,
29
history,
and
other
cultural
matters
for
Iowans
of
all
ages.
30
f.
Conduct
surveys
of
existing
art
and
cultural
programs
31
and
activities
within
the
state,
including
but
not
limited
to
32
music,
theater,
dance,
painting,
sculpture,
architecture,
and
33
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allied
arts
and
crafts.
The
authority
shall
submit
a
report
34
on
the
survey
to
the
governor
and
to
the
general
assembly
no
35
later
than
ten
calendar
days
after
the
commencement
of
each
1
first
session
of
the
general
assembly
recommending
appropriate
2
legislation
or
other
action
as
the
authority
deem
appropriate.
3
g.
Establish
and
administer
a
film
office.
The
purpose
4
of
the
film
office
is
to
assist
legitimate
film,
television,
5
and
video
producers
in
the
production
of
film,
television,
and
6
video
projects
in
the
state,
and
to
increase
the
fiscal
impact
7
on
the
state’s
economy
of
film,
television,
and
video
projects
8
produced
in
the
state.
9
Sec.
2085.
Section
15.108,
Code
2023,
is
amended
by
adding
10
the
following
new
subsection:
11
NEW
SUBSECTION
.
12.
Miscellaneous.
To
provide
other
12
necessary
services,
the
authority
shall
do
all
of
the
13
following:
14
a.
Collect
and
assemble,
or
cause
to
have
collected
and
15
assembled,
all
pertinent
information
available
regarding
the
16
industrial,
agricultural,
and
public
and
private
recreation
17
and
tourism
opportunities
and
possibilities
of
the
state
18
of
Iowa,
including
raw
materials
and
products
that
may
be
19
produced
from
the
raw
materials;
power
and
water
resources;
20
transportation
facilities;
available
markets;
the
banking
and
21
financing
facilities;
the
availability
of
industrial
sites;
the
22
advantages
of
the
state
as
a
whole,
and
particular
sections
23
of
the
state,
as
industrial
locations;
the
development
of
a
24
grain
alcohol
motor
fuel
industry
and
its
related
products;
25
and
other
fields
of
research
and
study
as
the
board
deems
26
necessary.
This
information
shall
consider
the
encouragement
27
of
new
industrial
enterprises
in
the
state
and
the
expansion
28
of
industries
now
existing
within
the
state,
and
allied
fields
29
to
those
industries.
The
information
shall
also
consider
the
30
changing
composition
of
the
Iowa
family,
the
level
of
poverty
31
among
different
age
groups,
and
different
family
structures
in
32
Iowa
society
and
their
impact
on
Iowa
families.
33
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b.
Apply
for,
receive,
contract
for,
and
expend
federal
34
funds
and
grants,
and
funds
and
grants
from
other
sources.
35
c.
Except
as
otherwise
provided
in
sections
8A.110,
260C.14,
1
and
262.9,
provide
that
an
inventor
whose
research
is
funded
2
in
whole
or
in
part
by
the
state
shall
assign
to
the
state
a
3
proportionate
part
of
the
inventor’s
rights
to
a
letter
patent
4
resulting
from
that
research.
The
state's
portion
of
the
5
royalties
or
earnings
derived
from
a
letter
patent
shall
be
6
paid
to
the
treasurer
of
state
and
credited
by
the
treasurer
to
7
the
general
fund
of
the
state.
The
authority,
in
conjunction
8
with
other
state
agencies
including
the
board
of
regents,
9
shall
provide
incentives
to
inventors
whose
research
is
funded
10
in
whole
or
in
part
by
the
state
to
encourage
the
inventors
11
to
have
the
invented
products
produced
in
the
state.
The
12
incentives
may
include
the
state
receiving
a
smaller
portion
of
13
the
inventor’s
royalties
or
earnings
than
would
otherwise
occur
14
under
this
paragraph
or
other
provisions
of
law.
15
d.
Administer
or
oversee
federal
rural
economic
development
16
programs
in
the
state.
17
e.
At
the
director’s
discretion,
accept
payment
by
18
credit
card
of
any
fees,
interest,
penalties,
subscriptions,
19
registrations,
purchases,
or
other
payments,
or
any
portion
of
20
such
payments,
which
are
due
or
collected
by
the
authority.
21
The
authority
may
adjust
the
amount
of
the
payment
to
reflect
22
the
costs
of
processing
the
payment
as
determined
by
the
23
treasurer
of
state.
Payment
by
credit
card
shall
include,
in
24
addition
to
all
other
charges,
any
discount
charged
by
the
25
credit
card
issuer.
26
f.
Provide
technical
assistance
to
individuals
who
27
are
pursuing
the
purchase
and
operation
of
employee-owned
28
businesses.
29
g.
Administer
the
Iowa
energy
center
established
in
section
30
15.120.
This
paragraph
“g”
is
repealed
July
1,
2027.
31
h.
Administer
the
partner
state
program
created
in
section
32
15.421.
33
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Sec.
2086.
Section
15.274,
Code
2023,
is
amended
to
read
as
34
follows:
35
15.274
Promotional
program
for
national
historic
landmarks
1
and
cultural
and
entertainment
districts.
2
The
economic
development
authority,
in
cooperation
with
3
the
state
department
of
transportation
and
the
department
of
4
cultural
affairs
,
shall
establish
and
administer
a
program
5
designed
to
promote
knowledge
of
and
access
to
buildings,
6
sites,
districts,
structures,
and
objects
located
in
this
state
7
that
have
been
designated
by
the
secretary
of
the
interior
8
of
the
United
States
as
a
national
historic
landmark,
unless
9
the
national
historic
landmark
is
protected
under
section
10
22.7,
subsection
20
,
and
certified
cultural
and
entertainment
11
districts,
as
established
pursuant
to
section
303.3B
.
The
12
program
shall
be
designed
to
maximize
the
visibility
and
13
visitation
of
national
historic
landmarks
in
this
state
and
14
buildings,
sites,
structures,
and
objects
located
in
certified
15
cultural
and
entertainment
districts,
as
established
pursuant
16
to
section
303.3B
.
Methods
used
to
maximize
the
visibility
and
17
visitation
of
such
locations
may
include
the
use
of
tourism
18
literature,
signage
on
highways,
maps
of
the
state
and
cities,
19
and
internet
sites.
For
purposes
of
this
section
,
“highway”
20
means
the
same
as
defined
in
section
325A.1
.
21
Sec.
2087.
Section
99F.11,
subsection
4,
paragraph
d,
22
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
23
(1)
Five
hundred
twenty
thousand
dollars
is
appropriated
24
each
fiscal
year
to
the
department
of
cultural
affairs
economic
25
development
authority
with
one-half
of
the
moneys
allocated
for
26
operational
support
grants
and
the
remaining
one-half
allocated
27
for
the
community
cultural
grants
program
established
under
28
section
303.3
.
29
Sec.
2088.
Section
103A.45,
subsection
4,
Code
2023,
is
30
amended
to
read
as
follows:
31
4.
Consult
with
state
agencies,
including
the
state
32
fire
marshal
department
of
inspections,
appeals,
and
33
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licensing
and
the
department
of
cultural
affairs
economic
34
development
authority
,
governmental
subdivisions,
architects,
35
engineers,
and
others
who
have
knowledge
of
or
interest
in
the
1
rehabilitation,
preservation,
restoration,
and
relocation
of
2
historic
buildings,
with
respect
to
matters
relating
to
the
3
state
historic
building
code.
4
Sec.
2089.
Section
303.3,
subsections
1
and
2,
Code
2023,
5
are
amended
to
read
as
follows:
6
1.
The
department
authority
shall
establish
a
grant
program
7
for
cities
and
nonprofit,
tax-exempt
community
organizations
8
for
the
development
of
community
programs
that
provide
local
9
jobs
for
Iowa
residents
and
also
promote
Iowa’s
historic,
10
ethnic,
and
cultural
heritages
through
the
development
11
of
festivals,
music,
drama,
cultural
programs,
or
tourist
12
attractions.
A
city
or
nonprofit,
tax-exempt
community
13
organization
may
submit
an
application
to
the
department
14
authority
for
review.
The
department
authority
shall
establish
15
criteria
for
the
review
and
approval
of
grant
applications.
16
The
amount
of
a
grant
shall
not
exceed
fifty
percent
of
17
the
cost
of
the
community
program.
Each
application
shall
18
include
information
demonstrating
that
the
city
or
nonprofit,
19
tax-exempt
community
organization
will
provide
matching
funds
20
of
fifty
percent
of
the
cost
of
the
program.
The
matching
21
funds
requirement
may
be
met
by
substituting
in-kind
services,
22
based
on
the
value
of
the
services,
for
actual
dollars.
23
2.
The
department
authority
shall
establish
a
grant
program
24
which
provides
general
operating
budget
support
to
major,
25
multidisciplined
multidisciplinary
cultural
organizations
26
which
that
demonstrate
cultural
and
managerial
excellence
27
on
a
continuing
basis
to
the
citizens
of
Iowa.
Applicant
28
organizations
must
be
incorporated
under
chapter
504
,
be
exempt
29
from
federal
taxation,
and
not
be
attached
or
affiliated
with
30
an
educational
institution.
Eligible
organizations
shall
31
be
operated
on
a
year-round
basis
and
employ
at
least
one
32
full-time,
paid
professional
staff
member.
The
department
33
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authority
shall
establish
criteria
for
review
and
approval
34
of
grant
applications.
Criteria
established
shall
include,
35
but
are
not
limited
to,
a
matching
funds
requirement.
The
1
matching
funds
requirement
shall
permit
an
applicant
to
meet
2
the
matching
requirement
by
demonstrating
that
the
applicant’s
3
budget
contains
funds,
other
than
state
and
federal
funds,
in
4
excess
of
the
grant
award.
5
Sec.
2090.
Section
303.3A,
subsection
1,
paragraph
c,
Code
6
2023,
is
amended
by
striking
the
paragraph.
7
Sec.
2091.
Section
303.3A,
subsections
2
and
3,
Code
2023,
8
are
amended
to
read
as
follows:
9
2.
The
department
authority
shall
administer
regional
10
conferences
and
a
statewide
caucus
on
arts
and
cultural
11
enhancement.
The
purpose
of
the
conferences
and
caucus
is
to
12
encourage
the
development
of
the
arts
and
culture
in
the
state
13
by
in
all
of
the
following
ways:
14
a.
By
identifying
opportunities
for
programs
involving
15
education,
outreach,
and
enhancement
;
by
.
16
b.
By
reviewing
possible
changes
in
enhancement
program
17
policies,
programs,
and
funding
;
and
by
.
18
c.
By
making
recommendations
to
the
department
authority
19
regarding
funding
allocations
and
priorities
for
arts
and
20
cultural
enhancement.
21
3.
a.
Every
four
years
beginning
in
June
2001
2025
,
the
22
department
authority
shall
convene
a
statewide
caucus
on
arts
23
and
cultural
enhancement.
24
a.
b.
Prior
to
the
statewide
caucus,
the
department
25
authority
shall
make
arrangements
to
hold
a
conference
in
each
26
of
several
regions
of
the
state
as
determined
by
the
Iowa
arts
27
council.
The
department
authority
shall
promote
attendance
28
of
interested
persons
at
each
conference.
A
designee
of
29
the
department
shall
serve
as
temporary
chairperson
until
30
persons
attending
the
conference
elect
a
chairperson.
The
31
department
authority
shall
provide
persons
attending
the
32
conference
with
current
information
regarding
cultural
programs
33
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and
expenditures.
Persons
attending
the
conference
shall
34
identify
opportunities
for
programs
in
the
areas
of
education,
35
outreach,
and
enhancement,
and
make
recommendations
in
the
1
form
of
a
resolution.
The
persons
attending
the
conference
2
shall
elect
six
persons
from
among
the
attendees
to
serve
3
as
regional,
voting
delegates
to
the
statewide
caucus.
The
4
conference
attendees
shall
elect
a
chairperson
from
among
the
5
six
representatives.
Other
interested
persons
are
encouraged
6
to
attend
the
statewide
caucus
as
nonvoting
attendees.
7
b.
c.
The
department
authority
shall
charge
a
reasonable
8
fee
for
attendance
at
the
statewide
caucus
on
arts
and
cultural
9
enhancement.
10
c.
d.
A
designee
of
the
department
authority
shall
call
the
11
statewide
caucus
to
order
and
serve
as
temporary
chairperson
12
until
persons
attending
the
caucus
elect
a
chairperson.
13
Persons
attending
the
caucus
shall
discuss
the
recommendations
14
of
the
regional
conferences
and
decide
upon
recommendations
to
15
be
made
to
the
department
authority
and
the
general
assembly.
16
Elected
chairpersons
of
the
regional
conferences
shall
meet
17
with
representatives
of
the
department
authority
and
present
18
the
recommendations
of
the
caucus.
19
Sec.
2092.
Section
303.3B,
Code
2023,
is
amended
to
read
as
20
follows:
21
303.3B
Cultural
and
entertainment
districts.
22
1.
The
department
of
cultural
affairs
authority
shall
23
establish
and
administer
a
cultural
and
entertainment
district
24
certification
program.
The
program
shall
encourage
the
growth
25
of
communities
through
the
development
of
areas
within
a
city
26
or
county
for
public
and
private
uses
related
to
cultural
and
27
entertainment
purposes.
28
2.
A
city
or
county
may
create
and
designate
a
cultural
29
and
entertainment
district
subject
to
certification
30
by
the
department
of
cultural
affairs,
in
consultation
31
with
the
economic
development
authority.
A
cultural
and
32
entertainment
district
is
encouraged
to
include
a
unique
form
33
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of
transportation
within
the
district
and
for
transportation
34
between
the
district
and
recreational
trails.
A
cultural
and
35
entertainment
district
certification
shall
remain
in
effect
for
1
ten
years
following
the
date
of
certification.
Two
or
more
2
cities
or
counties
may
apply
jointly
for
certification
of
a
3
district
that
extends
across
a
common
boundary.
Through
the
4
adoption
of
administrative
rules,
the
department
of
cultural
5
affairs
authority
shall
develop
a
certification
application
6
for
use
in
the
certification
process.
The
provisions
of
this
7
subsection
relating
to
the
adoption
of
administrative
rules
8
shall
be
construed
narrowly.
9
3.
The
department
of
cultural
affairs
authority
shall
10
encourage
development
projects
and
activities
located
in
11
certified
cultural
and
entertainment
districts
through
12
incentives
under
cultural
grant
programs
pursuant
to
section
13
303.3
,
chapter
303A
part
30
,
and
any
other
applicable
grant
14
programs.
15
Sec.
2093.
Section
303.3C,
subsection
1,
paragraphs
a,
d,
16
and
f,
Code
2023,
are
amended
to
read
as
follows:
17
a.
The
department
of
cultural
affairs
authority
shall
18
establish
and
administer
an
Iowa
great
places
program
for
19
purposes
of
combining
resources
of
state
government
in
an
20
effort
to
showcase
the
unique
and
authentic
qualities
of
21
communities,
regions,
neighborhoods,
and
districts
that
22
make
such
places
exceptional
places
to
work
and
live.
The
23
department
of
cultural
affairs
authority
shall
provide
24
administrative
assistance
to
the
Iowa
great
places
board.
The
25
department
of
cultural
affairs
authority
shall
coordinate
26
the
efforts
of
the
Iowa
great
places
board
with
the
efforts
27
of
state
agencies
participating
in
the
program
which
shall
28
include
,
but
not
be
limited
to
,
the
economic
development
29
authority,
the
Iowa
finance
authority,
the
department
of
30
human
rights,
the
department
of
natural
resources,
the
state
31
department
of
transportation,
and
the
department
of
workforce
32
development.
33
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d.
The
department
of
cultural
affairs
authority
shall
work
34
in
cooperation
with
the
vision
Iowa
and
community
attraction
35
and
tourism
programs
enhance
Iowa
board
for
purposes
of
1
maximizing
and
leveraging
moneys
appropriated
to
identified
2
Iowa
great
places.
3
f.
The
department
of
cultural
affairs
authority
shall
4
account
for
any
funds
appropriated
from
the
endowment
for
5
Iowa’s
health
restricted
capitals
fund
for
an
identified
Iowa
6
great
place.
7
Sec.
2094.
Section
303.3C,
subsection
2,
paragraph
a,
Code
8
2023,
is
amended
to
read
as
follows:
9
a.
The
Iowa
great
places
board
is
established
consisting
of
10
twelve
members.
The
board
shall
be
located
for
administrative
11
purposes
within
the
department
of
cultural
affairs
authority
12
and
the
director
shall
provide
office
space,
staff
assistance,
13
and
necessary
supplies
and
equipment
for
the
board.
The
14
director
shall
budget
moneys
to
pay
the
compensation
and
15
expenses
of
the
board.
In
performing
its
functions,
the
board
16
is
performing
a
public
function
on
behalf
of
the
state
and
is
a
17
public
instrumentality
of
the
state.
18
Sec.
2095.
Section
303.3D,
subsections
1
and
3,
Code
2023,
19
are
amended
to
read
as
follows:
20
1.
An
Iowa
great
places
program
fund
is
created
under
the
21
authority
of
the
department
of
cultural
affairs
.
The
fund
22
shall
consist
of
appropriations
made
to
the
fund
and
transfers
23
of
interest,
earnings,
and
moneys
from
other
funds
as
provided
24
by
law.
Notwithstanding
section
12C.7,
subsection
2
,
interest
25
or
earnings
on
investments
or
time
deposits
of
the
moneys
in
26
the
Iowa
great
places
program
fund
shall
be
credited
to
the
27
Iowa
great
places
program
fund.
28
3.
In
awarding
moneys
the
department
of
cultural
affairs
29
authority
shall
give
consideration
to
the
particular
needs
of
30
each
identified
Iowa
great
place.
31
Sec.
2096.
Section
303.3E,
Code
2023,
is
amended
to
read
as
32
follows:
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303.3E
Culture,
history,
and
arts
teams
program.
34
1.
The
department
of
cultural
affairs
authority
shall
35
establish
and
administer
a
statewide
program
facilitating
the
1
promotion
of
culture,
history,
and
arts
in
Iowa.
The
program’s
2
purpose
shall
be
to
encourage
cooperation
and
collaboration
3
among
the
various
state
and
local
organizations
working
in
4
these
areas
to
improve
Iowa’s
quality
of
life.
5
2.
The
department
authority
shall
implement
the
program
6
by
working
with
the
local
organizations
to
establish
local
7
committees.
Each
committee
shall:
8
a.
Include
representatives
from
local
organizations
9
dedicated
to
promoting
culture,
history,
and
arts.
10
b.
Gather
and
disseminate
information
on
the
cultural,
11
historical,
and
arts
opportunities
in
the
regions.
12
c.
Enhance
communication
among
the
local
organizations.
13
d.
Assist
the
staff
members
of
local
organizations
in
14
obtaining
technical
and
professional
training.
15
3.
The
department
authority
shall
assist
local
16
organizations
in
the
delivery
of
technical
services,
17
professional
training,
and
programming
opportunities
by
working
18
with
these
committees.
19
Sec.
2097.
Section
303.20,
unnumbered
paragraph
1,
Code
20
2023,
is
amended
to
read
as
follows:
21
As
used
in
this
subchapter
of
this
chapter
part
,
unless
the
22
context
otherwise
requires:
23
Sec.
2098.
Section
303.20,
subsections
2
and
3,
Code
2023,
24
are
amended
to
read
as
follows:
25
2.
“Commission”
is
the
five-person
body,
elected
by
the
26
registered
voters
in
the
historical
preservation
district
from
27
persons
living
in
the
district
for
the
purpose
of
administering
28
this
subchapter
of
this
chapter
part
.
29
3.
“District”
means
a
historical
preservation
district
30
established
under
this
subchapter
of
this
chapter
part
.
31
Sec.
2099.
Section
303.20,
subsection
4,
Code
2023,
is
32
amended
by
striking
the
subsection.
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Sec.
2100.
Section
303.21,
Code
2023,
is
amended
to
read
as
34
follows:
35
303.21
Petition.
1
1.
The
eligible
voters
in
an
area
of
asserted
historical
2
significance
may
petition
the
department
authority
for
a
3
referendum
for
the
establishment
of
a
district.
4
2.
The
petition
must
be
signed
by
not
less
than
ten
percent
5
of
the
eligible
voters
of
in
the
area
of
asserted
historical
6
significance
and
shall
contain
both
a
description
of
the
7
property
suggested
for
inclusion
in
the
district
and
the
8
reasons
justifying
the
creation
of
the
district.
9
Sec.
2101.
Section
303.22,
Code
2023,
is
amended
to
read
as
10
follows:
11
303.22
Action
by
department
the
authority
.
12
1.
The
department
authority
shall
hold
a
hearing
not
less
13
than
thirty
days
or
and
not
more
than
sixty
days
after
the
14
petition
is
received.
The
department
authority
shall
publish
15
notice
of
the
hearing,
at
a
reasonable
time
before
the
hearing
16
is
to
take
place,
and
shall
post
notice
of
the
hearing
in
a
17
reasonable
number
of
places
within
the
suggested
district.
The
18
cost
of
notification
shall
be
paid
by
the
persons
who
petition
19
for
the
establishment
of
a
district.
20
2.
At
the
hearing
the
department
authority
shall
hear
21
interested
persons,
accept
written
presentations,
and
shall
22
determine
whether
the
suggested
district
is
an
area
of
23
historical
significance
which
may
properly
be
established
as
a
24
historical
preservation
district
pursuant
to
the
provisions
of
25
this
subchapter
of
this
chapter
part
.
The
department
authority
26
may
determine
the
boundaries
which
shall
be
established
for
the
27
district.
The
department
authority
shall
not
include
property
28
which
is
not
included
in
the
suggested
district
unless
the
29
owner
of
the
property
is
given
an
opportunity
to
be
heard.
30
3.
The
department,
if
it
If
the
authority
determines
that
31
the
suggested
district
meets
the
criteria
for
establishment
32
as
a
historical
preservation
district,
the
authority
shall
33
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indicate
the
owners
of
the
property
and
residents
included
and
34
shall
forward
a
list
of
owners
and
residents
to
the
county
35
commissioner
of
elections.
1
4.
If
the
department
authority
determines
that
the
2
suggested
district
does
not
meet
the
criteria
for
establishment
3
as
a
historical
preservation
district,
it
the
authority
shall
4
so
notify
the
petitioners.
5
Sec.
2102.
Section
303.23,
Code
2023,
is
amended
to
read
as
6
follows:
7
303.23
Referendum.
8
Within
thirty
days
after
the
receipt
of
the
list
of
owners
9
of
property
and
residents
within
the
suggested
historical
10
preservation
district,
the
department
authority
shall
fix
a
11
date
not
more
than
forty-five
days
from
the
receipt
of
the
12
petition
seeking
a
referendum
on
the
question
of
establishment
13
of
a
historical
preservation
district.
The
department
14
authority
,
after
consultation
with
the
county
commissioner
of
15
elections,
shall
specify
the
polling
place
within
the
suggested
16
district
that
will
best
serve
the
convenience
of
the
voters
17
and
shall
appoint
from
residents
of
the
proposed
district
18
three
judges
and
two
clerks
of
election
from
residents
of
the
19
proposed
district
.
20
Sec.
2103.
Section
303.24,
Code
2023,
is
amended
to
read
as
21
follows:
22
303.24
Notice.
23
The
department
authority
,
after
consultation
with
the
county
24
commissioner
of
elections,
shall
post
notice
of
the
referendum
25
in
a
reasonable
number
of
places
within
the
suggested
district
26
a
reasonable
time
before
it
the
referendum
is
to
take
place.
27
The
notice
shall
state
the
purpose
of
the
referendum,
a
28
description
of
the
district,
the
date
of
the
referendum,
the
29
location
of
the
polling
place,
and
the
hours
when
the
polls
30
will
be
open
and
close
.
31
Sec.
2104.
Section
303.26,
subsection
3,
Code
2023,
is
32
amended
to
read
as
follows:
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3.
Of
the
initial
commission
,
the
person
receiving
the
34
highest
number
of
votes
shall
receive
serve
a
five-year
term
of
35
office,
the
next
highest
shall
serve
a
four-year
term,
the
next
1
highest
shall
serve
a
three-year
term,
the
next
highest
shall
2
serve
a
two-year
term,
and
the
fifth
highest
shall
serve
a
3
one-year
term.
Thereafter,
an
election
shall
be
held
annually
4
in
the
district
to
elect
a
member
to
a
five-year
term
as
each
5
term
expires.
6
Sec.
2105.
Section
303.29,
Code
2023,
is
amended
to
read
as
7
follows:
8
303.29
Use
of
structures.
9
No
A
change
in
the
use
of
any
structure
or
property
within
10
a
designated
historical
district
shall
not
be
permitted
until
11
after
an
application
for
a
certificate
of
appropriateness
12
has
been
submitted
to
,
and
been
approved
by
the
commission.
13
For
purposes
of
this
section
“use”
means
the
legal
enjoyment
14
of
property
that
consists
in
its
employment,
exercise,
or
15
practice.
16
Sec.
2106.
Section
303.32,
Code
2023,
is
amended
to
read
as
17
follows:
18
303.32
Ordinary
maintenance
and
repair.
19
Nothing
in
this
subchapter
of
this
chapter
This
part
shall
20
not
be
construed
to
prevent
the
ordinary
maintenance
or
repair
21
of
any
exterior
feature
in
a
district
which
does
not
involve
a
22
change
in
design,
material
or
outer
appearance,
nor
to
prevent
23
the
construction,
reconstruction,
alteration,
restoration
24
or
demolition
of
any
such
feature
which
is
required
by
for
25
public
safety
because
of
reasons
due
to
an
unsafe
or
dangerous
26
condition.
27
Sec.
2107.
Section
303.34,
subsections
1
and
4,
Code
2023,
28
are
amended
to
read
as
follows:
29
1.
An
area
of
historical
significance
shall
be
proposed
by
30
the
governing
body
of
the
city
on
its
the
governing
body’s
own
31
motion
or
upon
the
receipt
by
the
governing
body
of
a
petition
32
signed
by
residents
of
the
city.
The
city
shall
submit
a
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description
of
the
proposed
area
of
historical
significance
or
34
the
petition
describing
the
proposed
area,
if
the
proposed
area
35
is
a
result
of
the
receipt
of
a
petition,
to
the
historical
1
division
which
state
historic
preservation
officer
who
shall
2
determine
if
the
proposed
area
meets
the
criteria
in
subsection
3
2
and
may
make
recommendations
concerning
the
proposed
area.
4
Any
recommendations
made
by
the
division
state
historic
5
preservation
officer
shall
be
made
available
by
the
city
to
6
the
public
for
viewing
during
normal
working
hours
at
a
city
7
government
place
of
public
access.
8
4.
An
area
shall
be
designated
an
area
of
historical
9
significance
upon
enactment
of
an
ordinance
of
by
the
city.
10
Before
Prior
to
enactment
of
the
ordinance
or
enactment
of
11
an
amendment
to
the
ordinance
is
enacted
,
the
governing
body
12
of
the
city
shall
submit
the
ordinance
or
amendment
to
the
13
historical
division
state
historic
preservation
officer
for
its
14
review
and
recommendations.
15
Sec.
2108.
Section
303.87,
Code
2023,
is
amended
to
read
as
16
follows:
17
303.87
Duties
of
Iowa
arts
council.
18
The
Iowa
arts
council
shall
:
19
1.
Advise
the
director
with
respect
to
policies,
programs,
20
and
procedures
for
carrying
out
the
administrator’s
functions,
21
duties,
or
responsibilities.
22
2.
Review
review
programs
to
be
supported
and
make
23
recommendations
on
the
programs
to
the
director.
24
Sec.
2109.
Section
303.88,
Code
2023,
is
amended
to
read
as
25
follows:
26
303.88
Administrator’s
Authority’s
powers
and
authority
.
27
The
arts
division
administrator
may
authority
shall
:
28
1.
Make
and
sign
any
agreements
and
perform
any
acts
which
29
are
necessary,
desirable,
or
proper
to
carry
out
the
purpose
of
30
the
division.
31
2.
Request
and
obtain
assistance
and
data
from
any
32
department,
division,
board,
bureau,
commission,
or
agency
of
33
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the
state.
34
3.
Accept
any
federal
funds
granted
,
by
Act
of
Congress
or
35
by
executive
order
,
for
all
or
any
purposes
of
this
subchapter
1
part
,
and
receive
and
disburse
as
the
official
agent
of
the
2
state
any
funds
made
available
by
the
national
endowment
for
3
the
arts.
4
4.
2.
Accept
gifts,
contributions,
endowments,
bequests,
5
or
other
moneys
available
for
all
or
any
of
the
purposes
6
of
the
division
this
part
.
Interest
earned
on
the
gifts,
7
contributions,
endowments,
bequests,
or
other
moneys
accepted
8
under
this
subsection
part
shall
be
credited
to
the
fund
or
9
funds
to
which
the
gifts,
contributions,
endowments,
bequests,
10
or
other
moneys
have
been
deposited,
and
is
available
for
all
11
or
any
of
the
purposes
of
the
division
authority
under
this
12
part
.
13
Sec.
2110.
Section
303A.1,
Code
2023,
is
amended
to
read
as
14
follows:
15
303A.1
Short
title.
16
This
chapter
part
shall
be
known
and
may
be
cited
as
the
17
“Iowa
Cultural
Trust
Act”
.
18
Sec.
2111.
Section
303A.3,
unnumbered
paragraph
1,
Code
19
2023,
is
amended
to
read
as
follows:
20
For
purposes
of
this
chapter
part
,
unless
the
context
21
otherwise
requires:
22
Sec.
2112.
Section
303A.3,
subsections
2
and
3,
Code
2023,
23
are
amended
by
striking
the
subsections.
24
Sec.
2113.
Section
303A.4,
subsections
1,
2,
and
4,
Code
25
2023,
are
amended
to
read
as
follows:
26
1.
The
Iowa
cultural
trust
is
created
as
a
public
body
27
corporate
organized
for
the
purposes,
with
the
powers,
and
28
subject
to
the
restrictions,
set
forth
in
this
chapter
part
.
29
2.
An
Iowa
cultural
trust
fund
is
created
in
the
office
30
of
the
treasurer
of
state
for
the
purpose
of
receiving
moneys
31
appropriated
by
the
general
assembly
and
any
other
moneys
32
available
to
the
trust
fund
due
to
the
issuance
of
trust
fund
33
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credits
by
the
director
as
provided
in
section
303.1A
15.108
,
34
subsection
1
9
,
paragraph
“f”
“b”
,
subparagraph
(1)
.
35
4.
a.
The
treasurer
of
state
shall
act
as
custodian
of
1
the
fund,
shall
invest
moneys
in
the
trust
fund,
and
shall
2
transfer
the
interest
attributable
to
the
investment
of
trust
3
fund
moneys
to
the
grant
account
created
in
section
303A.7
.
4
The
trust
fund’s
principal
shall
not
be
used
or
accessed
by
the
5
department
or
the
board
for
any
purpose.
6
b.
Notwithstanding
paragraph
“a”
,
for
each
of
the
following
7
fiscal
years,
the
treasurer
of
state
shall
transfer
the
8
following
amounts
from
the
principal
of
the
trust
fund
to
the
9
grant
account
created
in
section
303A.7
:
10
(1)
For
the
fiscal
year
beginning
July
1,
2013,
and
ending
11
June
30,
2014,
fifty
thousand
dollars.
12
(2)
For
the
fiscal
year
beginning
July
1,
2014,
and
ending
13
June
30,
2015,
fifty
thousand
dollars.
14
Sec.
2114.
Section
303A.5,
subsections
1
and
6,
Code
2023,
15
are
amended
to
read
as
follows:
16
1.
A
board
of
trustees
of
the
Iowa
cultural
trust
is
17
created.
The
general
responsibility
for
the
proper
operation
18
of
the
trust
is
vested
in
the
board
of
trustees,
which
shall
19
consist
of
thirteen
members
as
follows:
20
a.
Nine
public
members,
five
of
whom
shall
be
appointed
21
by
the
governor,
subject
to
confirmation
by
the
senate.
The
22
majority
leader
of
the
senate,
the
minority
leader
of
the
23
senate,
the
speaker
of
the
house,
and
the
minority
leader
of
24
the
house
of
representatives
shall
each
appoint
one
public
25
member.
A
public
member
of
the
board
appointed
in
accordance
26
with
this
section
shall
not
also
serve
concurrently
as
a
member
27
of
the
state
historical
society
board
of
trustees
or
the
Iowa
28
state
arts
council.
29
b.
Four
ex
officio,
nonvoting
members,
consisting
of
the
30
treasurer
of
state
or
the
treasurer’s
designee,
the
director
of
31
the
department
of
cultural
affairs
authority
or
the
director’s
32
designee,
the
chairperson
of
the
state
historical
society
33
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board
of
trustees
elected
pursuant
to
section
303.6
,
and
the
34
chairperson
of
the
Iowa
arts
council
designated
pursuant
to
35
section
303.86
.
1
6.
The
board
shall
be
located
for
administrative
purposes
2
within
the
department
authority
.
The
department
authority
,
3
subject
to
approval
by
the
board,
shall
adopt
administrative
4
rules
pursuant
to
chapter
17A
necessary
to
administer
the
5
income
derived
from
the
Iowa
cultural
trust
fund
and
to
perform
6
specific
powers
and
duties
as
provided
in
section
303A.6
.
The
7
director
shall
budget
funds
to
pay
the
expenses
of
the
board
8
and
administer
this
chapter
part
.
9
Sec.
2115.
Section
303A.6,
subsections
1
and
2,
Code
2023,
10
are
amended
to
read
as
follows:
11
1.
Enter
into
agreements
with
any
qualified
organization,
12
the
state,
or
any
federal
or
other
state
agency,
or
other
13
entity
as
required
to
administer
this
chapter
part
.
14
2.
Approve
or
disapprove
the
grants
recommended
for
15
approval
by
the
director,
in
consultation
with
the
Iowa
arts
16
council
and
the
state
historical
society
of
Iowa,
in
accordance
17
with
section
303.1A
15.108
,
subsection
1
9
,
paragraph
“f”
,
18
subparagraph
(3)
“b”
.
The
board
may
delete
remove
any
19
recommendation
from
the
list
,
but
shall
not
add
to
or
otherwise
20
amend
the
list
of
recommended
grants.
21
Sec.
2116.
Section
306D.2,
subsection
1,
unnumbered
22
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
23
The
state
department
of
transportation
shall
prepare
a
24
statewide,
long-range
plan
for
the
protection,
enhancement,
25
and
identification
of
highways
and
secondary
roads
which
pass
26
through
unusually
scenic
areas
of
the
state
as
identified
27
in
section
306D.1
.
The
department
of
natural
resources,
28
department
of
the
economic
development
authority
,
and
29
department
of
cultural
affairs,
private
organizations,
county
30
conservation
boards,
city
park
and
recreation
departments,
31
and
the
federal
agencies
having
jurisdiction
over
land
in
the
32
state
shall
be
encouraged
to
assist
in
preparing
the
plan.
The
33
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plan
shall
be
coordinated
with
the
state’s
open
space
plan
34
if
a
state
open
space
plan
has
been
approved
by
the
general
35
assembly.
The
plan
shall
include,
but
is
not
limited
to,
the
1
following
elements:
2
Sec.
2117.
Section
321.252,
subsection
3,
paragraph
a,
3
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
4
(1)
The
tourist
signing
committee
shall
be
made
up
of
the
5
directors
or
their
the
directors’
designees
of
the
departments
6
of
agriculture
and
land
stewardship,
natural
resources,
7
cultural
affairs,
and
transportation,
the
director
or
the
8
director’s
designee
of
the
economic
development
authority,
the
9
chairperson
or
the
chairperson’s
designee
of
the
Iowa
travel
10
council,
and
a
member
of
the
outdoor
advertising
association
11
of
Iowa.
The
director
or
the
director’s
designee
of
the
12
economic
development
authority
shall
be
the
chairperson
of
the
13
committee.
14
Sec.
2118.
Section
404A.1,
subsection
3,
Code
2023,
is
15
amended
by
striking
the
subsection.
16
Sec.
2119.
Section
404A.1,
subsection
8,
paragraph
b,
Code
17
2023,
is
amended
to
read
as
follows:
18
b.
The
property
meets
the
physical
criteria
and
standards
19
for
rehabilitation
established
by
the
department
authority
by
20
rule.
To
the
extent
applicable,
the
physical
standards
and
21
criteria
shall
be
consistent
with
the
United
States
secretary
22
of
the
interior’s
standards
for
rehabilitation.
23
Sec.
2120.
Section
404A.3,
subsection
1,
paragraphs
c
and
e,
24
Code
2023,
are
amended
to
read
as
follows:
25
c.
The
application
shall
include
any
information
deemed
26
necessary
by
the
authority
,
in
consultation
with
the
27
department,
to
evaluate
the
eligibility
under
the
program
28
of
the
applicant
and
the
rehabilitation
project,
the
amount
29
of
projected
qualified
rehabilitation
expenditures
of
a
30
rehabilitation
project,
and
the
amount
and
source
of
all
31
funding
for
a
rehabilitation
project.
An
applicant
shall
32
have
the
burden
of
proof
to
demonstrate
to
the
authority
that
33
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the
applicant
is
an
eligible
taxpayer
and
the
project
is
a
34
qualified
rehabilitation
project
under
the
program.
35
e.
(1)
The
authority
may
charge
application
and
other
fees
1
to
eligible
taxpayers
who
apply
to
participate
in
the
program.
2
The
amount
of
such
fees
shall
be
determined
based
on
the
costs
3
of
to
the
authority
and
the
department
associated
with
of
4
administering
the
program.
5
(2)
Fees
collected
by
the
authority
pursuant
to
this
6
paragraph
shall
be
deposited
with
the
authority
notwithstanding
7
section
303.9,
subsection
1
.
8
(3)
A
portion
of
the
fees
collected
shall
be
directed
by
the
9
authority
to
the
department.
10
Sec.
2121.
Section
404A.3,
subsection
3,
paragraph
b,
11
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
12
(2)
The
rehabilitation
work
to
be
performed.
An
eligible
13
taxpayer
shall
perform
the
rehabilitation
work
consistent
with
14
the
United
States
secretary
of
the
interior’s
standards
for
15
rehabilitation,
as
determined
by
the
department
authority
.
16
Sec.
2122.
Section
404A.3,
subsection
4,
paragraph
c,
17
subparagraph
(3),
subparagraph
division
(b),
Code
2023,
is
18
amended
to
read
as
follows:
19
(b)
“Prohibited
activity”
means
a
breach
or
default
under
20
the
agreement
with
the
department
authority
,
the
violation
21
of
any
warranty
provided
by
the
eligible
taxpayer
to
the
22
department
authority
or
the
department
of
revenue,
the
claiming
23
of
a
tax
credit
issued
under
this
chapter
for
expenditures
that
24
are
not
qualified
rehabilitation
expenditures,
the
violation
of
25
any
requirements
of
this
chapter
or
rules
adopted
pursuant
to
26
this
chapter
,
misrepresentation,
fraud,
or
any
other
unlawful
27
act
or
omission.
28
Sec.
2123.
Section
404A.4,
subsection
2,
paragraph
c,
Code
29
2023,
is
amended
to
read
as
follows:
30
c.
The
amount
of
a
tax
credit
that
was
available
for
31
approval
by
the
state
historical
preservation
office
of
the
32
department
of
cultural
affairs
under
section
404A.4,
Code
2014
,
33
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in
a
fiscal
year
beginning
on
or
after
July
1,
2010,
but
before
34
July
1,
2014,
that
was
required
to
be
allocated
to
new
projects
35
with
final
qualified
rehabilitation
costs
of
five
hundred
1
thousand
dollars
or
less,
or
seven
hundred
fifty
thousand
2
dollars
or
less,
as
the
case
may
be,
and
that
was
not
finally
3
approved
by
the
state
historical
preservation
office,
may
be
4
awarded
under
section
404A.3
during
the
fiscal
years
beginning
5
on
or
after
July
1,
2014,
but
before
July
1,
2016.
6
Sec.
2124.
Section
404A.6,
Code
2023,
is
amended
to
read
as
7
follows:
8
404A.6
Rules.
9
The
authority
,
department,
and
the
department
of
revenue
10
shall
each
adopt
rules
as
necessary
for
the
administration
of
11
this
chapter
.
12
Sec.
2125.
Section
427.16,
subsection
15,
Code
2023,
is
13
amended
to
read
as
follows:
14
15.
The
department
of
cultural
affairs
economic
development
15
authority
shall
adopt
rules
pursuant
to
chapter
17A
to
16
administer
this
section
.
17
Sec.
2126.
Section
465A.2,
subsection
1,
paragraph
b,
18
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
19
follows:
20
Prepare
a
statewide,
long-range
plan
for
the
acquisition
21
and
protection
of
significant
open
space
lands
throughout
22
the
state
as
identified
in
section
465A.1
.
The
department
23
of
transportation,
department
of
the
economic
development
24
authority
,
and
department
of
cultural
affairs,
private
25
organizations,
county
conservation
boards,
city
park
and
26
recreation
departments,
and
the
federal
agencies
with
lands
in
27
the
state
shall
be
directly
involved
in
preparing
the
plan.
28
The
plan
shall
include,
but
is
not
limited
to,
the
following
29
elements:
30
Sec.
2127.
Section
465B.2,
subsection
2,
paragraph
a,
Code
31
2023,
is
amended
to
read
as
follows:
32
a.
The
state
department
of
transportation
may
enter
33
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into
contracts
for
the
preparation
of
the
trails
plan.
The
34
department
shall
involve
the
department
of
natural
resources
,
35
and
the
Iowa
department
of
economic
development
,
and
the
1
department
of
cultural
affairs
authority
in
the
preparation
of
2
the
plan.
The
recommendations
and
comments
of
organizations
3
representing
different
types
of
trail
users
and
others
with
4
interests
in
this
program
shall
also
be
incorporated
in
the
5
preparation
of
the
trails
plan
and
shall
be
submitted
with
the
6
plan
to
the
general
assembly.
The
plan
shall
be
submitted
to
7
the
general
assembly
no
later
than
January
15,
1988.
Existing
8
trail
projects
involving
acquisition
or
development
may
receive
9
funding
prior
to
the
completion
of
the
trails
plan.
10
Sec.
2128.
Section
465B.3,
Code
2023,
is
amended
to
read
as
11
follows:
12
465B.3
Involvement
of
other
agencies.
13
The
department
of
natural
resources
,
and
the
economic
14
development
authority
,
and
the
department
of
cultural
15
affairs
shall
assist
the
state
department
of
transportation
16
in
developing
the
statewide
plan
for
recreation
trails,
in
17
acquiring
property,
and
in
the
development,
promotion,
and
18
management
of
recreation
trails.
19
Sec.
2129.
REPEAL.
Sections
303.1,
303.1A,
303.2,
and
20
303.95,
Code
2023,
are
repealed.
21
Sec.
2130.
CODE
EDITOR
DIRECTIVE.
22
1.
The
Code
editor
is
directed
to
make
the
following
23
transfers:
24
a.
Section
303.3
to
section
15.436.
25
b.
Section
303.3A
to
section
15.437.
26
c.
Section
303.3B
to
section
15.438.
27
d.
Section
303.3C
to
section
15.439.
28
e.
Section
303.3D
to
section
15.440.
29
f.
Section
303.3E
to
section
15.441.
30
g.
Section
303.20
to
section
15.445.
31
h.
Section
303.21
to
section
15.446.
32
i.
Section
303.22
to
section
15.447.
33
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j.
Section
303.23
to
section
15.448.
34
k.
Section
303.24
to
section
15.449.
35
l.
Section
303.25
to
section
15.450.
1
m.
Section
303.26
to
section
15.451.
2
n.
Section
303.27
to
section
15.452.
3
o.
Section
303.28
to
section
15.453.
4
p.
Section
303.29
to
section
15.454.
5
q.
Section
303.30
to
section
15.455.
6
r.
Section
303.31
to
section
15.456.
7
s.
Section
303.32
to
section
15.457.
8
t.
Section
303.33
to
section
15.458.
9
u.
Section
303.34
to
section
15.459.
10
v.
Section
303.86
to
section
15.465.
11
w.
Section
303.87
to
section
15.466.
12
x.
Section
303.88
to
section
15.467.
13
y.
Section
303.89
to
section
15.470.
14
z.
Section
303A.1
to
section
15.476.
15
aa.
Section
303A.2
to
section
15.477.
16
ab.
Section
303A.3
to
section
15.478.
17
ac.
Section
303A.4
to
section
15.479.
18
ad.
Section
303A.5
to
section
15.480.
19
ae.
Section
303A.6
to
section
15.481.
20
af.
Section
303A.7
to
section
15.482.
21
2.
The
Code
editor
shall
correct
internal
references
in
the
22
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
23
enactment
of
this
section.
24
3.
The
Code
editor
shall
designate
the
following
new
parts
25
in
subchapter
II
of
chapter
15:
26
a.
Sections
15.436
through
15.441
as
part
26.
27
b.
Sections
15.445
through
15.459
as
part
27.
28
c.
Sections
15.465
through
15.467
as
part
28.
29
d.
Section
15.470
as
part
29.
30
e.
Sections
15.476
through
15.482
as
part
30.
31
STATE
HISTORIC
PRESERVATION
OFFICER
32
Sec.
2131.
NEW
SECTION
.
15.121
State
historic
preservation
33
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officer.
34
1.
The
director
shall
appoint
and
the
governor
shall
certify
35
the
state
historic
preservation
officer
pursuant
to
federal
1
requirements.
The
recommendations
and
decisions
of
the
state
2
historic
preservation
officer
shall
be
subject
to
the
review
3
and
approval
of
the
director
of
the
economic
development
4
authority.
5
2.
The
state
historic
preservation
officer
shall
conduct
6
historic
preservation
activities
pursuant
to
federal
and
7
state
requirements,
including
but
not
limited
to
all
of
the
8
following:
9
a.
Identifying
and
documenting
historic
properties.
10
b.
Preparing
and
maintaining
a
state
register
of
historic
11
places,
including
those
listed
on
the
national
register
of
12
historic
places.
13
c.
Conducting
historic
preservation
activities
pursuant
to
14
federal
and
state
requirements.
15
d.
Publishing
matters
of
historical
value
to
the
public,
16
and
pursuing
historical,
architectural,
and
archaeological
17
research
and
development
which
may
include
but
are
not
18
limited
to
continuing
surveys,
excavation,
scientific
19
recording,
interpretation,
and
publication
of
the
historical,
20
architectural,
archaeological,
and
cultural
sites,
buildings,
21
and
structures
in
the
state.
22
3.
Pursuant
to
section
103A.42,
the
state
historic
23
preservation
officer,
in
response
to
an
adequately
documented
24
request,
shall
issue
an
opinion
stating
whether
a
property
is
25
either
included
in
or
appears
to
meet
criteria
for
inclusion
in
26
the
national
register
of
historic
places.
27
4.
Pursuant
to
section
303.16,
subsection
6,
paragraph
“h”
,
28
the
state
historic
preservation
officer
must
approve
a
city
or
29
county
government
as
a
certified
local
government
prior
to
a
30
grant
or
loan
fund
award
to
the
city
or
county
government
for
a
31
project
in
the
historic
preservation
category.
32
5.
Pursuant
to
section
303.18,
the
state
historic
33
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preservation
officer
shall
require
that
a
rural
electric
34
cooperative
or
a
municipal
utility
that
is
constructing
an
35
electric
distribution
and
transmission
facility
for
which
it
is
1
receiving
federal
funding
conduct
an
archeological
site
survey.
2
6.
Pursuant
to
section
427.16,
subsections
4
and
12,
the
3
state
historic
preservation
officer
shall
be
responsible
4
for
approving
applications
for
certified
substantial
5
rehabilitation.
6
Sec.
2132.
Section
457A.1,
Code
2023,
is
amended
to
read
as
7
follows:
8
457A.1
Acquisition
by
other
than
condemnation.
9
The
department
of
natural
resources,
soil
and
water
10
conservation
districts
as
provided
in
chapter
161A
,
the
11
historical
division
of
the
department
of
cultural
affairs
12
state
historic
preservation
officer
,
the
state
archaeologist
13
appointed
by
the
state
board
of
regents
pursuant
to
section
14
263B.1
,
any
county
conservation
board,
and
any
city
or
agency
15
of
a
city
may
acquire
by
purchase,
gift,
contract,
or
other
16
voluntary
means,
but
not
by
eminent
domain,
conservation
17
easements
in
land
to
preserve
scenic
beauty,
wildlife
18
habitat,
riparian
lands,
wetlands,
or
forests;
promote
outdoor
19
recreation,
agriculture,
soil
or
water
conservation,
or
open
20
space;
or
otherwise
conserve
for
the
benefit
of
the
public
the
21
natural
beauty,
natural
and
cultural
resources,
and
public
22
recreation
facilities
of
the
state.
23
Sec.
2133.
Section
470.5,
Code
2023,
is
amended
to
read
as
24
follows:
25
470.5
Exceptions.
26
This
chapter
does
not
apply
to
buildings
used
on
January
1,
27
1980
,
by
the
division
of
adult
corrections
of
the
department
28
of
human
services
as
maximum
security
detention
facilities
or
29
to
the
renovation
of
property
nominated
to,
or
entered
in
the
30
national
register
of
historic
places,
designated
by
statute,
or
31
included
in
an
established
list
of
historic
places
compiled
by
32
the
historical
division
of
the
department
of
cultural
affairs
33
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state
historic
preservation
officer
.
34
Sec.
2134.
CODE
EDITOR
DIRECTIVE.
35
1.
The
Code
editor
is
directed
to
make
the
following
1
transfer:
2
Section
303.18
to
section
15.122.
3
2.
The
Code
editor
shall
correct
internal
references
in
the
4
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
5
enactment
of
this
section.
6
IOWA
FINANCE
AUTHORITY
7
Sec.
2135.
Section
7C.4A,
subsection
1,
paragraph
b,
Code
8
2023,
is
amended
to
read
as
follows:
9
b.
However,
at
any
time
during
the
calendar
year
the
10
executive
director
of
the
Iowa
finance
authority
may
determine
11
that
a
lesser
amount
need
be
allocated
to
the
Iowa
finance
12
authority
and
on
that
date
this
lesser
amount
shall
be
the
13
amount
allocated
to
the
authority
and
the
excess
shall
be
14
allocated
under
subsection
7
.
15
Sec.
2136.
Section
15.106C,
subsection
1,
Code
2023,
is
16
amended
to
read
as
follows:
17
1.
a.
The
operations
of
the
authority
shall
be
administered
18
by
a
director
who
shall
be
appointed
by
the
governor,
subject
19
to
confirmation
by
the
senate,
and
who
shall
serve
for
a
20
four-year
term
beginning
and
ending
as
provided
in
section
21
69.19
at
the
pleasure
of
the
governor
.
An
appointment
by
the
22
governor
to
fill
a
vacancy
in
the
office
of
the
director
shall
23
be
for
the
balance
of
the
unexpired
four-year
term.
24
b.
The
director
of
the
economic
development
authority
25
under
paragraph
“a”
shall
also
serve
as
the
director
of,
and
26
administer
the
operations
of,
the
Iowa
finance
authority
27
pursuant
to
section
16.6.
28
Sec.
2137.
Section
16.1,
Code
2023,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
6A.
“Director”
means
the
director
of
the
31
economic
development
authority
who
also
serves
as
the
director
32
of,
and
administers
the
operations
of,
the
Iowa
finance
33
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authority
pursuant
to
section
15.106C,
subsection
1,
paragraph
34
“b”
.
35
Sec.
2138.
Section
16.1,
subsection
9,
Code
2023,
is
amended
1
by
striking
the
subsection.
2
Sec.
2139.
Section
16.1A,
subsection
5,
Code
2023,
is
3
amended
to
read
as
follows:
4
5.
The
board
may,
by
resolution,
delegate
to
the
5
agricultural
development
board,
title
guaranty
division
6
board,
executive
director,
or
other
authority
employee
such
7
of
its
powers,
under
such
terms
and
conditions,
as
it
deems
8
appropriate.
9
Sec.
2140.
Section
16.2,
subsections
6
and
8,
Code
2023,
are
10
amended
to
read
as
follows:
11
6.
Members
of
the
authority
and
the
executive
director
shall
12
give
bond
as
required
for
public
officers
in
chapter
64
.
13
8.
Members
shall
elect
a
chairperson
and
vice
chairperson
14
annually,
and
other
officers
as
they
the
members
determine,
15
but
and
the
executive
director
shall
serve
as
secretary
to
the
16
authority.
17
Sec.
2141.
Section
16.2A,
subsections
1,
5,
and
7,
Code
18
2023,
are
amended
to
read
as
follows:
19
1.
A
title
guaranty
division
is
created
within
the
20
authority.
The
division
may
also
be
referred
to
as
Iowa
title
21
guaranty.
The
powers
of
the
division
relating
to
the
issuance
22
of
title
guaranties
are
vested
in
and
shall
be
exercised
by
a
23
title
guaranty
division
board
of
five
members
appointed
by
the
24
governor
subject
to
confirmation
by
the
senate.
The
membership
25
of
the
title
guaranty
division
board
shall
include
an
attorney,
26
an
abstractor,
a
real
estate
broker,
a
representative
of
a
27
lending
institution
that
engages
in
mortgage
lending,
and
28
a
representative
of
the
housing
development
industry.
The
29
executive
director
of
the
authority
shall
appoint
an
attorney
30
as
director
of
the
title
guaranty
division,
who
shall
serve
31
as
an
ex
officio
member
of
the
title
guaranty
division
board.
32
The
appointment
of
and
compensation
for
the
division
director
33
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are
exempt
from
the
merit
system
provisions
of
chapter
8A,
34
subchapter
IV
.
35
5.
Members
of
the
title
guaranty
division
board
and
the
1
director
of
the
title
guaranty
division
shall
give
bond
as
2
required
for
public
officers
in
chapter
64
.
3
7.
Members
shall
elect
a
chair
and
vice
chair
annually
and
4
other
officers
as
they
the
members
determine.
The
executive
5
director
or
the
executive
director’s
designee
shall
serve
as
6
secretary
to
the
title
guaranty
division
board.
7
Sec.
2142.
Section
16.2B,
subsection
2,
Code
2023,
is
8
amended
to
read
as
follows:
9
2.
The
agricultural
development
division
shall
be
10
administered
in
accordance
with
the
policies
of
the
11
agricultural
development
board
created
in
section
16.2C
.
12
The
executive
director
of
the
authority
may
organize
the
13
agricultural
development
division
and
employ
necessary
14
qualified
personnel
to
administer
subchapter
VIII
.
15
Sec.
2143.
Section
16.2C,
subsection
3,
Code
2023,
is
16
amended
to
read
as
follows:
17
3.
The
agricultural
development
board
consists
of
five
18
members
appointed
by
the
governor
subject
to
confirmation
by
19
the
senate.
The
executive
director
of
the
authority
or
the
20
executive
director’s
designee
shall
serve
as
an
ex
officio,
21
nonvoting
member.
22
Sec.
2144.
Section
16.2C,
subsection
5,
paragraph
c,
Code
23
2023,
is
amended
to
read
as
follows:
24
c.
The
appointed
members
shall
elect
a
chairperson
and
vice
25
chairperson
annually,
and
other
officers
as
they
the
members
26
determine.
The
executive
director
of
the
authority
or
the
27
executive
director’s
designee
shall
serve
as
secretary
to
the
28
board.
29
Sec.
2145.
Section
16.2D,
subsection
2,
paragraph
b,
30
subparagraph
(8),
Code
2023,
is
amended
to
read
as
follows:
31
(8)
The
executive
director
of
the
Iowa
finance
authority
or
32
the
executive
director’s
designee.
33
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Sec.
2146.
Section
16.5,
subsection
4,
Code
2023,
is
amended
34
to
read
as
follows:
35
4.
Notwithstanding
any
other
provision
of
law,
the
1
authority
may
elect
whether
to
utilize
any
or
all
of
the
goods
2
or
services
available
from
other
state
agencies
in
the
conduct
3
of
its
affairs.
Departments,
boards,
commissions,
or
other
4
agencies
of
the
state
shall
provide
reasonable
assistance
and
5
services
to
the
authority
upon
the
request
of
the
executive
6
director.
7
Sec.
2147.
Section
16.6,
Code
2023,
is
amended
to
read
as
8
follows:
9
16.6
Executive
director
Director
——
responsibilities.
10
1.
The
governor,
subject
to
confirmation
by
the
senate,
11
shall
appoint
an
executive
director
of
the
authority,
who
12
shall
serve
at
the
pleasure
of
the
governor.
The
executive
13
director
shall
be
selected
primarily
for
administrative
14
ability
and
knowledge
in
the
field,
without
regard
to
political
15
affiliation.
The
director
of
the
economic
development
16
authority
shall
also
serve
as
the
director
of,
and
administer
17
the
operations
of,
the
authority
pursuant
to
section
15.106C,
18
subsection
1,
paragraph
“b”
.
The
executive
director
shall
not,
19
directly
or
indirectly,
exert
influence
to
induce
any
other
20
officers
or
employees
of
the
state
to
adopt
a
political
view,
21
or
to
favor
a
political
candidate
for
office.
22
2.
The
executive
director
shall
advise
the
authority
on
23
matters
relating
to
housing
and
housing
finance,
carry
out
24
all
directives
from
the
authority,
and
hire
and
supervise
the
25
authority’s
staff
pursuant
to
its
the
authority’s
directions.
26
All
employees
of
the
authority
are
exempt
from
the
merit
system
27
provisions
of
chapter
8A,
subchapter
IV
.
28
3.
The
executive
director,
as
secretary
of
the
authority,
29
shall
keep
a
record
of
the
proceedings
of
the
authority
and
30
shall
be
custodian
of
all
books,
documents,
and
papers
filed
31
with
the
authority
and
of
its
minute
book
and
seal.
The
32
executive
director
shall
have
authority
to
cause
to
be
made
33
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copies
of
all
minutes
and
other
records
and
documents
of
the
34
authority
and
to
give
certificates
under
the
seal
of
the
35
authority
to
the
effect
that
such
copies
are
true
copies
and
1
all
persons
dealing
with
the
authority
may
rely
upon
such
2
certificates.
3
4.
The
executive
director
may
establish
administrative
4
divisions
within
the
authority
in
order
to
most
efficiently
5
and
effectively
carry
out
the
authority’s
responsibilities,
6
provided
that
any
creation
or
modification
of
authority
7
divisions
be
established
only
after
consultation
with
the
board
8
of
the
authority.
9
Sec.
2148.
Section
16.13,
subsection
2,
paragraph
a,
Code
10
2023,
is
amended
to
read
as
follows:
11
a.
If
a
member
or
employee
of
the
authority
other
than
the
12
executive
director
of
the
authority
has
an
interest,
either
13
direct
or
indirect,
in
a
contract
to
which
the
authority
is,
14
or
is
to
be,
a
party,
or
in
a
mortgage
lender
requesting
a
loan
15
from,
or
offering
to
sell
mortgage
loans
to,
the
authority,
16
the
interest
shall
be
disclosed
to
the
authority
in
writing
17
and
shall
be
set
forth
in
the
minutes
of
the
authority.
The
18
member
or
employee
having
the
interest
shall
not
participate
19
in
any
action
of
the
authority
with
respect
to
that
contract
20
or
mortgage
lender.
21
Sec.
2149.
Section
16.13,
subsections
3
and
4,
Code
2023,
22
are
amended
to
read
as
follows:
23
3.
Nothing
in
this
section
shall
be
deemed
to
limit
the
24
right
of
a
member,
officer,
or
employee
of
the
authority
to
25
acquire
an
interest
in
bonds
or
notes
of
the
authority
or
to
26
limit
the
right
of
a
member,
officer,
or
employee
other
than
27
the
executive
director
to
have
an
interest
in
a
financial
28
institution,
including
a
lending
institution,
in
which
the
29
funds
of
the
authority
are,
or
are
to
be,
deposited
or
which
30
is,
or
is
to
be,
acting
as
trustee
or
paying
agent
under
a
trust
31
indenture
to
which
the
authority
is
a
party.
32
4.
The
executive
director
shall
not
have
an
interest
in
33
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a
financial
institution,
including
a
lending
institution,
in
34
which
the
funds
of
the
authority
are,
or
are
to
be,
deposited
35
or
which
is,
or
is
to
be,
acting
as
trustee
or
paying
agent
1
under
a
trust
indenture
to
which
the
authority
is
a
party.
The
2
executive
director
shall
not
receive,
in
addition
to
fixed
3
salary
or
compensation,
any
money
or
valuable
thing,
either
4
directly
or
indirectly,
or
through
any
substantial
interest
5
in
any
other
corporation
or
business
unit,
for
negotiating,
6
procuring,
recommending,
or
aiding
in
any
purchase
or
sale
7
of
property,
or
loan,
made
by
the
authority,
nor
shall
the
8
executive
director
be
pecuniarily
interested,
either
as
9
principal,
coprincipal,
agent,
or
beneficiary,
either
directly
10
or
indirectly,
or
through
any
substantial
interest
in
any
other
11
corporation
or
business
unit,
in
any
such
purchase,
sale,
or
12
loan.
13
Sec.
2150.
Section
16.57A,
subsection
2,
Code
2023,
is
14
amended
to
read
as
follows:
15
2.
Notwithstanding
section
8.39
,
and
any
other
law
to
16
the
contrary,
with
the
prior
written
consent
and
approval
of
17
the
governor,
the
executive
director
of
the
authority
may
18
transfer
any
unobligated
and
unencumbered
moneys
in
any
fund
19
created
pursuant
to
section
16.5,
subsection
1
,
paragraph
“s”
,
20
for
deposit
in
the
disaster
recovery
housing
assistance
fund
21
created
in
section
16.57B
.
The
prior
written
consent
and
22
approval
of
the
director
of
the
department
of
management
shall
23
not
be
required
to
transfer
the
unobligated
and
unencumbered
24
moneys.
25
Sec.
2151.
Section
16.134,
subsection
9,
paragraph
b,
26
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
27
(3)
The
executive
director
of
the
authority
or
the
executive
28
director’s
designee.
29
Sec.
2152.
Section
16.134,
subsection
10,
paragraph
a,
Code
30
2023,
is
amended
to
read
as
follows:
31
a.
A
water
quality
financing
review
committee
is
created
32
consisting
of
the
secretary
of
agriculture
or
the
secretary’s
33
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designee,
the
executive
director
of
the
authority
or
the
34
executive
director’s
designee,
and
the
director
of
the
35
department
of
natural
resources
or
the
director’s
designee.
1
Sec.
2153.
Section
257C.7,
Code
2023,
is
amended
to
read
as
2
follows:
3
257C.7
Staff.
4
The
executive
director
and
staff
of
the
Iowa
finance
5
authority,
pursuant
to
chapter
16
,
shall
also
serve
as
6
executive
director
and
staff
of
the
advance
funding
authority,
7
respectively.
The
executive
director
shall
not,
directly
or
8
indirectly,
exert
influence
to
induce
any
other
officers
or
9
employees
of
the
state
to
adopt
a
political
view,
or
to
favor
a
10
political
candidate
for
office.
11
Sec.
2154.
Section
257C.12,
subsections
1
and
3,
Code
2023,
12
are
amended
to
read
as
follows:
13
1.
If
a
member
or
employee
other
than
the
executive
14
director
of
the
authority
has
an
interest,
either
direct
or
15
indirect,
in
a
contract
to
which
the
authority
is
or
is
to
be
16
a
party,
the
interest
shall
be
disclosed
to
the
authority
in
17
writing
and
shall
be
set
forth
in
the
minutes
of
a
meeting
18
of
the
authority.
The
member
having
the
interest
shall
19
not
participate
in
action
by
the
board
with
respect
to
that
20
contract.
21
3.
The
executive
director
shall
not
have
an
interest
in
22
a
bank
or
other
financial
institution
in
which
the
funds
of
23
the
authority
are
deposited
or
which
is
acting
as
trustee
or
24
paying
agent
under
a
trust
indenture
to
which
the
authority
is
25
a
party.
The
executive
director
shall
not
receive,
in
addition
26
to
fixed
salary
or
compensation,
any
money
or
valuable
thing,
27
either
directly
or
indirectly,
or
through
any
substantial
28
interest
in
any
other
corporation
or
business
unit,
for
29
negotiating,
procuring,
recommending,
or
aiding
in
any
loan
30
made
by
the
authority,
nor
shall
the
executive
director
be
31
pecuniarily
interested,
either
as
principal,
co-principal,
32
agent,
or
beneficiary,
either
directly
or
indirectly
or
through
33
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any
substantial
interest
in
any
other
corporation
or
business
34
unit,
in
any
loan.
35
Sec.
2155.
Section
418.5,
subsection
2,
paragraph
f,
Code
1
2023,
is
amended
to
read
as
follows:
2
f.
The
executive
director
of
the
Iowa
finance
authority
or
3
the
executive
director’s
designee.
4
Sec.
2156.
Section
466B.3,
subsection
4,
paragraph
j,
Code
5
2023,
is
amended
to
read
as
follows:
6
j.
The
executive
director
of
the
Iowa
finance
authority
or
7
the
executive
director’s
designee.
8
DIVISION
VI
9
ECONOMIC
DEVELOPMENT
AUTHORITY
——
PARTNER
STATE
PROGRAM
10
Sec.
2157.
NEW
SECTION
.
15.421
Partner
state
program.
11
1.
a.
A
partner
state
program
is
created
which
shall
be
12
administered
by
the
authority.
The
purpose
of
the
partner
13
state
program
is
to
establish
and
maintain
relationships
14
between
the
state
and
foreign
countries,
provinces,
states,
15
regions,
oblasts,
municipalities,
districts,
divisions,
16
counties,
prefectures,
towns,
cities,
villages,
boroughs,
17
and
any
other
similar
political
subdivisions
to
facilitate
18
mutually
beneficial
exchanges,
collaboration,
and
cooperation
19
with
regard
to
agriculture,
culture,
education,
manufacturing,
20
science
and
technology,
sports
and
recreation,
tourism,
and
the
21
arts.
22
b.
A
partner
state
relationship
must
be
formalized
in
a
23
partner
state
agreement
approved
by
the
governor.
24
c.
A
partner
state
agreement
may
be
modified
or
terminated
25
only
with
the
approval
of
the
governor.
26
2.
a.
A
partner
state
program
fund
is
created
in
the
state
27
treasury
under
the
control
of
the
authority
and
consisting
of
28
any
moneys
appropriated
to
the
fund
by
the
general
assembly
29
and
any
other
moneys
available
and
obtained
or
accepted
by
the
30
authority
for
placement
in
the
fund.
The
fund
shall
be
used
31
to
administer
the
partner
state
program.
The
authority
shall
32
use
any
moneys
specifically
appropriated
for
purposes
of
this
33
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section
only
for
the
purposes
of
this
section.
34
b.
Notwithstanding
section
12C.7,
subsection
2,
interest
35
or
earnings
on
moneys
in
the
fund
shall
accrue
to
the
1
authority
and
shall
be
used
for
purposes
of
this
section.
2
Notwithstanding
section
8.33,
moneys
in
the
fund
at
the
end
of
3
each
fiscal
year
shall
not
revert
to
any
other
fund
but
shall
4
remain
in
the
fund
for
expenditure
for
subsequent
fiscal
years.
5
Sec.
2158.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
6
deemed
of
immediate
importance,
takes
effect
upon
enactment.
7
Sec.
2159.
APPLICABILITY.
This
division
of
this
Act
applies
8
to
all
of
the
following:
9
1.
Sister
state
agreements
entered
into
by
the
state
before
10
the
effective
date
of
this
division
of
this
Act
including
11
agreements
with
the
following:
12
a.
China,
Hebei
Province.
13
b.
Italy,
Veneto
Region.
14
c.
Japan,
Yamanashi
Prefecture.
15
d.
Republic
of
Kosovo.
16
e.
Mexico,
Yucatan.
17
f.
Taiwan.
18
g.
Ukraine,
Cherkasy
Oblast.
19
2.
Partner
state
agreement
entered
into
by
the
state
on
or
20
after
the
effective
date
of
this
division
of
this
Act.
21
DIVISION
VII
22
PUBLIC
EMPLOYMENT
RELATIONS
BOARD
23
Sec.
2160.
Section
7E.6,
subsection
5,
Code
2023,
is
amended
24
to
read
as
follows:
25
5.
Any
position
of
membership
on
the
board
of
parole,
the
26
public
employment
relations
board,
the
utilities
board,
the
27
employment
appeal
board,
and
the
property
assessment
appeal
28
board
shall
be
compensated
as
otherwise
provided
in
law.
29
Sec.
2161.
Section
20.1,
subsection
2,
paragraph
g,
Code
30
2023,
is
amended
by
striking
the
paragraph.
31
Sec.
2162.
Section
20.5,
Code
2023,
is
amended
to
read
as
32
follows:
33
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20.5
Public
employment
relations
board.
34
1.
There
is
established
a
board
to
be
known
as
the
“Public
35
Employment
Relations
Board”.
1
a.
The
board
shall
consist
of
three
members
appointed
by
the
2
governor,
subject
to
confirmation
by
the
senate.
In
selecting
3
the
members
of
the
board,
consideration
shall
be
given
to
4
their
knowledge,
ability,
and
experience
in
the
field
of
5
labor-management
relations.
No
more
than
two
members
shall
be
6
of
the
same
political
affiliation
,
and
no
member
shall
engage
7
in
any
political
activity
while
holding
office
and
the
members
8
shall
devote
full
time
to
their
duties
.
9
b.
The
members
shall
be
appointed
for
staggered
terms
of
10
four
years
beginning
and
ending
as
provided
in
section
69.19
.
11
c.
The
member
first
appointed
for
a
term
of
four
years
shall
12
serve
as
chairperson
and
each
of
the
member’s
successors
shall
13
also
serve
as
chairperson.
14
d.
Any
vacancy
occurring
shall
be
filled
in
the
same
manner
15
as
regular
appointments
are
made.
16
2.
The
governor
shall
appoint
an
executive
director
of
the
17
board,
subject
to
confirmation
by
the
senate,
who
shall
serve
18
at
the
pleasure
of
the
governor.
The
executive
director
shall
19
serve
as
the
executive
officer
of
the
board.
In
selecting
20
the
executive
director,
consideration
shall
be
given
to
the
21
person’s
knowledge,
ability,
and
experience
in
the
field
of
22
labor-management
relations.
The
governor
shall
set
the
salary
23
of
the
executive
director
within
the
applicable
salary
range
24
established
by
the
general
assembly.
25
2.
3.
The
board
may
employ
such
persons
as
are
necessary
26
for
the
performance
of
its
functions.
Personnel
of
the
board
27
shall
be
employed
pursuant
to
the
provisions
of
chapter
8A,
28
subchapter
IV
.
29
3.
4.
The
chairperson
and
the
remaining
two
members
30
shall
be
compensated
as
provided
in
section
7E.6,
subsection
31
5
.
Members
of
the
board
and
employees
of
the
board
shall
32
be
allowed
their
actual
and
necessary
expenses
incurred
in
33
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the
performance
of
their
duties
and
may
be
entitled
to
per
34
diem
compensation
as
authorized
under
section
7E.6
.
All
35
expenses
and
salaries
shall
be
paid
from
appropriations
for
1
such
purposes
and
the
board
shall
be
subject
to
the
budget
2
requirements
of
chapter
8
.
3
5.
The
board
shall
meet
at
least
quarterly
and
at
the
call
4
of
the
chairperson.
5
Sec.
2163.
Section
20.6,
subsection
1,
Code
2023,
is
amended
6
to
read
as
follows:
7
1.
Administer
the
provisions
of
this
chapter
and
delegate
8
the
powers
and
duties
of
the
board
to
the
executive
director
or
9
persons
employed
by
the
board,
as
appropriate
.
10
Sec.
2164.
Section
20.11,
subsection
5,
Code
2023,
is
11
amended
to
read
as
follows:
12
5.
The
board’s
review
of
proposed
decisions
and
the
13
rehearing
or
judicial
review
of
final
decisions
is
governed
by
14
the
provisions
of
chapter
17A
.
15
Sec.
2165.
Section
20.13,
subsection
3,
Code
2023,
is
16
amended
by
striking
the
subsection.
17
Sec.
2166.
NEW
SECTION
.
20.34
Judicial
review.
18
Notwithstanding
chapter
17A,
in
a
petition
for
judicial
19
review
of
a
decision
of
the
board
in
a
contested
case
under
20
this
chapter,
the
opposing
party
shall
be
named
the
respondent,
21
and
the
board
shall
not
be
named
as
a
respondent.
Judicial
22
review
of
agency
action
by
the
board
under
this
chapter
is
not
23
subject
to
chapter
17A.
24
DIVISION
VIII
25
DEPARTMENT
OF
HOMELAND
SECURITY
AND
EMERGENCY
MANAGEMENT
26
Sec.
2167.
Section
16.57B,
subsection
4,
Code
2023,
is
27
amended
to
read
as
follows:
28
4.
Registration
required.
To
be
considered
for
a
forgivable
29
loan
or
grant
under
the
program,
a
homeowner
or
renter
must
30
register
for
the
disaster
case
management
advocacy
program
31
established
pursuant
to
section
29C.20B
.
The
disaster
case
32
manager
may
refer
the
homeowner
or
renter
to
the
appropriate
33
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local
program
administrator.
34
Sec.
2168.
Section
29C.8,
subsection
1,
Code
2023,
is
35
amended
to
read
as
follows:
1
1.
The
department
of
homeland
security
and
emergency
2
management
shall
be
under
the
management
of
a
director
who
3
shall
be
appointed
by
the
governor
,
subject
to
confirmation
4
by
the
senate,
and
who
shall
serve
at
the
pleasure
of
the
5
governor
.
6
Sec.
2169.
Section
29C.20A,
subsections
2,
4,
and
5,
Code
7
2023,
are
amended
to
read
as
follows:
8
2.
The
grant
funds
shall
be
administered
by
the
department
9
of
human
services
.
The
department
shall
adopt
rules
to
create
10
the
Iowa
disaster
aid
individual
assistance
grant
program.
The
11
rules
shall
specify
the
eligibility
of
applicants
and
eligible
12
items
for
grant
funding.
The
executive
council
shall
use
13
grant
funds
to
reimburse
the
department
of
human
services
for
14
its
actual
expenses
associated
with
the
administration
of
the
15
grants.
The
department
of
human
services
may
implement
an
16
ongoing
contract
with
a
provider
or
providers
of
a
statewide
17
program
with
local
offices
throughout
the
state
to
serve
as
the
18
local
administrative
entity
for
the
grant
program
so
that
the
19
program
can
be
implemented
with
minimal
delay
when
a
disaster
20
occurs
in
a
local
area.
The
rules
adopted
by
the
department
21
of
human
services
for
the
program
shall
include
but
are
not
22
limited
to
all
of
the
following:
23
a.
If
a
local
administrative
entity
is
under
contract
with
24
the
state
to
provide
other
services
or
is
implementing
a
state
25
or
federal
program
and
the
contract
contains
a
sufficient
26
surety
bond
or
other
adequate
financial
responsibility
27
provision,
the
department
shall
accept
the
existing
surety
28
bond
or
financial
responsibility
provision
in
lieu
of
applying
29
a
new
or
additional
surety
bond
or
financial
responsibility
30
requirement.
31
b.
If
the
president
of
the
United
States
has
declared
a
32
major
disaster
to
exist
in
this
state
and
federal
aid
is
made
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available
to
provide
assistance
grants
to
individuals
similar
34
to
that
provided
by
the
Iowa
disaster
aid
individual
assistance
35
grant
program,
the
Iowa
program
shall
be
discontinued.
1
c.
Authorization
for
the
local
administrative
entity
to
draw
2
grant
funding
to
pay
valid
claims
on
at
least
a
weekly
basis.
3
4.
A
recipient
of
grant
funding
shall
receive
reimbursement
4
for
expenses
upon
presenting
a
receipt
for
an
eligible
expense
5
or
shall
receive
a
voucher
through
a
voucher
system
developed
6
by
the
department
of
human
services
and
administered
locally
7
within
the
designated
disaster
area.
A
voucher
system
shall
8
ensure
sufficient
data
collection
to
discourage
and
prevent
9
fraud.
The
department
shall
consult
with
long-term
disaster
10
recovery
committees
and
disaster
recovery
case
management
11
committees
in
developing
a
voucher
system.
12
5.
The
department
of
human
services
shall
submit
an
annual
13
report,
by
January
1
of
each
year,
to
the
legislative
fiscal
14
committee
and
the
general
assembly’s
standing
committees
on
15
government
oversight
concerning
the
activities
of
the
grant
16
program
in
the
previous
fiscal
year.
17
Sec.
2170.
Section
29C.20B,
Code
2023,
is
amended
to
read
18
as
follows:
19
29C.20B
Disaster
case
management
advocacy
grant
fund
and
20
program.
21
1.
a.
A
disaster
case
management
advocacy
grant
fund
is
22
created
in
the
state
treasury
for
the
use
of
the
executive
23
council.
Moneys
in
the
fund
shall
be
expended
if
grants
are
24
awarded
pursuant
to
section
29C.20A
available
following
the
25
governor’s
proclamation
of
a
state
of
disaster
emergency
or
the
26
declaration
of
a
major
disaster
by
the
president
of
the
United
27
States.
28
b.
The
executive
council
may
make
financial
grants
to
29
meet
disaster-related
case
management
advocacy
needs
of
30
disaster-affected
individuals.
The
aggregate
total
of
grants
31
awarded
shall
not
be
more
than
one
million
dollars
during
a
32
fiscal
year.
However,
within
the
same
fiscal
year,
additional
33
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funds
may
be
specifically
authorized
by
the
executive
council
34
to
meet
additional
needs.
Upon
request
of
the
department
of
35
human
services
,
the
executive
council
may
make
available
up
to
1
one
hundred
thousand
dollars,
or
so
much
as
is
necessary,
for
2
contract
entity
staff
support
and
case
management
training.
3
c.
The
department
of
human
services
shall
work
with
the
4
department
of
homeland
security
and
emergency
management
5
and,
as
selected
by
the
department
of
human
services,
a
6
representative
representatives
of
selected
nonprofit,
7
voluntary,
and
faith-based
organizations
active
in
disaster
8
recovery
and
response
to
establish
a
statewide
system
of
9
disaster
case
management
advocacy
to
be
activated
following
10
the
governor’s
proclamation
of
a
disaster
emergency
or
the
11
declaration
of
a
major
disaster
by
the
president
of
the
United
12
States
for
individual
assistance
purposes.
13
2.
The
department
of
human
services
shall
administer
14
disaster
case
management
advocacy
grants.
The
department
15
of
human
services,
in
conjunction
with
the
department
of
16
homeland
security
and
emergency
management,
shall
establish
17
a
disaster
case
management
advocacy
program
and
adopt
rules
18
pursuant
to
chapter
17A
necessary
to
administer
the
program.
19
The
executive
council
shall
use
grant
moneys
to
reimburse
the
20
department
of
human
services
for
actual
expenses
associated
21
with
the
administration
of
the
grants.
Under
the
program,
the
22
department
of
human
services
shall
coordinate
case
management
23
advocacy
services
locally
through
one
or
more
contracted
24
entities.
The
department
of
human
services
shall
may
implement
25
an
ongoing
contract
with
a
provider
of
a
statewide
program
26
with
local
offices
throughout
the
state
to
serve
as
the
27
local
administrative
entity
for
the
grant
program
to
allow
28
implementation
of
the
program
with
minimal
delay
if
grants
are
29
awarded
pursuant
to
section
29C.20A
following
a
governor’s
30
proclamation
of
a
state
of
disaster
emergency
or
a
declaration
31
of
a
major
disaster
by
the
president
of
the
United
States.
32
3.
The
department
of
human
services,
in
conjunction
with
the
33
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department
of
homeland
security
and
emergency
management
and
34
a
representative
in
consultation
with
representatives
of
the
35
Iowa
voluntary
organizations
active
in
disaster,
shall
adopt
1
rules
pursuant
to
chapter
17A
to
create
coordination
mechanisms
2
and
standards
for
the
establishment
and
implementation
of
3
a
statewide
system
of
disaster
case
management
advocacy
.
4
The
rules
adopted
by
the
department
of
human
services
for
5
the
program
shall
include
but
are
not
limited
to
all
of
the
6
following:
7
a.
If
a
local
administrative
entity
is
under
contract
with
8
the
state
to
provide
other
services
or
is
implementing
a
state
9
or
federal
program
and
the
contract
contains
a
sufficient
10
surety
bond
or
other
adequate
financial
responsibility
11
provisions,
the
department
shall
accept
the
existing
surety
12
bond
or
financial
responsibility
provisions
in
lieu
of
applying
13
a
new
or
additional
surety
bond
or
financial
responsibility
14
requirement.
15
b.
Authorization
for
the
local
administrative
entity
to
draw
16
down
grant
funding
to
pay
valid
claims
on
at
least
a
weekly
17
basis.
18
c.
Disaster
case
management
advocacy
standards.
19
d.
Disaster
case
management
advocacy
policies.
20
e.
Reporting
requirements.
21
f.
Eligibility
criteria.
22
g.
Coordination
mechanisms
necessary
to
carry
out
the
23
services
provided.
24
h.
Development
of
formal
working
relationships
with
agencies
25
and
creation
of
interagency
agreements
for
those
considered
to
26
provide
disaster
case
management
advocacy
services.
27
i.
Establishment
of
nonduplication
of
benefits
policies
and
28
mechanisms
for
the
exchange
of
information
between
agencies
to
29
ensure
compliance
with
the
federal
Health
Insurance
Portability
30
and
Accountability
Act
of
1996
,
Pub.
L.
No.
104-191,
110
Stat.
31
1936
(1996)
.
32
j.
Referral
to
all
known
available
services
for
individuals
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from
multiple
agencies
in
coordinated
service
locations.
34
4.
By
January
1
of
each
year,
the
department
of
human
35
services
shall
submit
an
annual
written
report
to
the
1
legislative
fiscal
committee
and
the
general
assembly’s
2
standing
committees
on
government
oversight
concerning
the
3
activities
of
the
grant
program
during
the
previous
fiscal
4
year.
5
DIVISION
IX
6
DEPARTMENT
OF
VETERANS
AFFAIRS
7
Sec.
2171.
Section
7E.5,
subsection
1,
paragraph
v,
Code
8
2023,
is
amended
to
read
as
follows:
9
v.
The
department
of
veterans
affairs
.
However,
the
10
commission
of
veterans
affairs
created
in
section
35A.2
shall
11
have
created
in
section
35A.4,
which
has
primary
responsibility
12
for
state
veterans
affairs.
13
Sec.
2172.
Section
11.5B,
subsection
7,
Code
2023,
is
14
amended
to
read
as
follows:
15
7.
Iowa
veterans
home
Department
of
veterans
affairs
.
16
Sec.
2173.
Section
16.2D,
subsection
2,
paragraph
b,
17
subparagraph
(9),
Code
2023,
is
amended
to
read
as
follows:
18
(9)
The
director
commandant
of
the
department
of
veterans
19
affairs
or
the
director’s
commandant’s
designee.
20
Sec.
2174.
Section
35A.1,
subsection
1,
Code
2023,
is
21
amended
to
read
as
follows:
22
1.
“Commandant”
means
the
commandant
of
the
Iowa
veterans
23
home
appointed
in
section
35D.13
appointed
pursuant
to
section
24
35A.8
.
25
Sec.
2175.
Section
35A.1,
subsection
5,
Code
2023,
is
26
amended
by
striking
the
subsection.
27
Sec.
2176.
Section
35A.2,
subsections
1
and
3,
Code
2023,
28
are
amended
to
read
as
follows:
29
1.
A
commission
of
veterans
affairs
is
created
consisting
of
30
eleven
persons
who
shall
be
appointed
by
the
governor,
subject
31
to
confirmation
by
the
senate.
Members
shall
be
appointed
to
32
staggered
terms
of
four
years
beginning
and
ending
as
provided
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in
section
69.19
.
The
governor
shall
fill
a
vacancy
for
the
34
unexpired
portion
of
the
term.
In
addition
to
the
members
35
appointed
by
the
governor,
the
director
of
the
department
and
1
the
commandant
of
the
Iowa
veterans
home
shall
serve
as
a
2
nonvoting,
ex
officio
members
member
of
the
commission.
3
3.
a.
The
commissioners
are
entitled
to
receive
4
reimbursement
for
actual
expenses
incurred
while
engaged
in
the
5
performance
of
official
duties.
Each
member
of
the
commission
6
may
also
be
eligible
to
receive
compensation
as
provided
in
7
section
7E.6
.
8
b.
The
executive
director,
commandant
,
and
employees
of
the
9
department
and
the
Iowa
veterans
home
are
entitled
to
receive,
10
in
addition
to
salary,
reimbursement
for
actual
expenses
11
incurred
while
engaged
in
the
performance
of
official
duties.
12
c.
All
out-of-state
travel
by
commissioners
shall
be
13
approved
by
the
chairperson
of
the
commission.
14
Sec.
2177.
Section
35A.3,
subsection
4,
Code
2023,
is
15
amended
by
striking
the
subsection
and
inserting
in
lieu
16
thereof
the
following:
17
4.
Review
and
approve
applications
for
distributions
18
of
moneys
from
the
veterans
license
fee
fund
pursuant
to
19
section
35A.11
and
the
veterans
trust
fund
pursuant
to
section
20
35A.13
for
the
benefit
of
veterans,
spouses
of
veterans,
and
21
dependents
of
veterans.
22
Sec.
2178.
Section
35A.4,
Code
2023,
is
amended
to
read
as
23
follows:
24
35A.4
Department
established.
25
There
is
established
an
Iowa
department
of
veterans
affairs
26
which
shall
consist
of
a
commandant,
a
commission,
an
executive
27
director,
and
any
additional
personnel
as
employed
by
the
28
executive
director
commandant
.
29
Sec.
2179.
Section
35A.5,
subsection
10,
paragraph
d,
Code
30
2023,
is
amended
to
read
as
follows:
31
d.
The
department
through
the
director
commandant
shall
have
32
the
authority
to
accept
suitable
cemetery
land,
in
accordance
33
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with
federal
veterans
cemetery
grant
guidelines,
from
the
34
federal
government,
state
government,
state
subdivisions,
35
private
sources,
and
any
other
source
wishing
to
transfer
land
1
for
use
as
a
veterans
cemetery.
2
Sec.
2180.
Section
35A.5,
subsection
12,
Code
2023,
is
3
amended
to
read
as
follows:
4
12.
Adopt
rules
pursuant
to
chapter
17A
and
establish
policy
5
for
the
management
and
operation
of
the
department
,
for
the
6
facilitation
of
programs
under
the
department’s
authority,
and
7
for
the
performance
of
duties
established
under
this
section
.
8
Prior
to
adopting
rules,
the
department
shall
submit
proposed
9
rules
to
the
commission
for
review
and
approval
pursuant
to
the
10
requirements
of
section
35A.3
.
11
Sec.
2181.
Section
35A.8,
Code
2023,
is
amended
to
read
as
12
follows:
13
35A.8
Executive
director
Commandant
——
term
——
duties.
14
1.
The
governor
shall
appoint
an
executive
director
a
15
commandant
,
subject
to
confirmation
by
the
senate,
who
shall
16
serve
at
the
pleasure
of
the
governor.
The
executive
director
17
commandant
is
responsible
for
administering
the
duties
of
the
18
department
and
the
commission
other
than
those
related
to
the
19
Iowa
veterans
home
.
20
2.
The
executive
director
commandant
shall
be
a
resident
21
of
the
state
of
Iowa
and
an
honorably
discharged
veteran
who
22
served
in
the
armed
forces
of
the
United
States
during
a
23
conflict
or
war.
As
used
in
this
section
,
the
dates
of
service
24
in
a
conflict
or
war
shall
coincide
with
the
dates
of
service
25
established
by
the
Congress
of
the
United
States
.
26
3.
Except
for
the
employment
duties
and
responsibilities
27
assigned
to
the
commandant
for
the
Iowa
veterans
home,
the
28
executive
director
The
commandant
shall
employ
such
personnel
29
as
are
necessary
for
the
performance
of
the
duties
and
30
responsibilities
assigned
to
the
department
and
the
commission.
31
All
employees
shall
be
selected
on
a
basis
of
fitness
for
32
the
work
to
be
performed
with
due
regard
to
training
and
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experience
and
shall
be
subject
to
the
provisions
of
chapter
34
8A,
subchapter
IV
.
35
Sec.
2182.
Section
35D.1,
subsection
2,
Code
2023,
is
1
amended
to
read
as
follows:
2
2.
As
used
in
this
chapter
:
3
a.
“Commandant”
means
the
commandant
of
the
Iowa
veterans
4
home
appointed
pursuant
to
section
35D.13
35A.8
.
5
b.
“Commission”
means
the
commission
of
veterans
affairs
6
established
in
section
35A.2
.
7
c.
“Department”
means
the
department
of
veterans
affairs
8
established
in
section
35A.4.
9
c.
d.
“Member”
means
a
patient
or
resident
of
the
home.
10
Sec.
2183.
Section
35D.5,
Code
2023,
is
amended
to
read
as
11
follows:
12
35D.5
Surviving
spouses
of
veterans.
13
If
a
deceased
veteran,
who
would
be
entitled
to
admission
14
to
the
home
if
the
deceased
veteran
were
living,
has
left
a
15
surviving
spouse,
the
spouse
is
entitled
to
admission
to
the
16
home
with
the
same
rights,
privileges,
and
benefits
as
if
the
17
veteran
were
living
and
a
member
of
the
home,
if
the
spouse
18
was
married
to
the
veteran
for
at
least
one
year
immediately
19
prior
to
the
veteran’s
death,
is
found
by
the
commandant
20
department
to
be
disabled,
meets
the
qualifications
for
nursing
21
or
residential
level
of
care,
and
is
a
resident
of
the
state
of
22
Iowa
on
the
date
of
the
application
and
immediately
preceding
23
the
date
the
application
is
accepted.
24
Sec.
2184.
Section
35D.7,
Code
2023,
is
amended
to
read
as
25
follows:
26
35D.7
Contributing
to
own
support.
27
1.
Except
as
otherwise
provided
in
chapter
249A
and
other
28
provisions
of
this
chapter
,
a
member
of
the
home
who
receives
29
a
pension,
compensation,
or
gratuity
from
the
United
States
30
government,
or
income
from
any
source
of
more
than
one
hundred
31
forty
dollars
per
month,
shall
contribute
to
the
member’s
own
32
maintenance
or
support
while
a
member
of
the
home.
The
amount
33
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of
the
contribution
and
the
method
of
collection
shall
be
34
determined
by
the
commandant
department
,
but
the
amount
shall
35
in
no
case
exceed
the
actual
cost
of
keeping
and
maintaining
1
the
person
in
the
home.
2
2.
Sums
paid
to
and
received
by
the
commandant
department
3
for
the
support
of
members
of
the
home
shall
be
considered
4
repayment
receipts
as
defined
in
section
8.2
and
credited
to
5
the
Iowa
veterans
home
account
referred
to
in
section
35D.18,
6
subsection
3
.
7
3.
The
commandant
department
may
allow
any
member
of
the
8
home
to
render
assistance
in
the
care
of
the
home
and
its
9
grounds
as
the
member’s
psychosocial
and
physical
condition
10
permit,
as
a
phase
of
that
member’s
rehabilitation
program.
11
The
commandant
department
shall
compensate
each
member
who
12
furnishes
assistance
at
rates
approved
by
the
commission.
13
Sec.
2185.
Section
35D.10,
Code
2023,
is
amended
to
read
as
14
follows:
15
35D.10
Payment
to
spouse.
16
Except
as
otherwise
provided
in
chapter
249A
and
other
17
provisions
of
this
chapter
,
a
member
of
the
home
who
receives
a
18
pension
or
compensation
and
who
has
a
spouse
shall
deposit
with
19
the
commandant
department
on
receipt
of
the
member’s
pension
or
20
compensation
check
one-half
of
its
amount,
which
shall
be
sent
21
by
the
eighth
day
of
the
month
or
at
once
if
any
such
pension
22
or
compensation
is
received
after
the
eighth
day
of
the
month
23
to
the
spouse.
24
Sec.
2186.
Section
35D.11,
Code
2023,
is
amended
to
read
as
25
follows:
26
35D.11
Handling
of
pension
money
and
other
funds.
27
1.
Pension
money
deposited
with
the
commandant
department
28
is
not
assignable
for
any
purpose
except
as
provided
in
section
29
35D.10
,
or
in
accordance
with
subsection
2
of
this
section
.
30
2.
The
commandant
department
,
if
authorized
by
a
member
of
31
the
home
,
and
pursuant
to
policies
adopted
by
the
commission,
32
may
act
on
behalf
of
that
member
in
receiving,
disbursing,
and
33
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accounting
for
personal
funds
of
the
member
received
from
any
34
source.
The
authorization
may
be
given
by
the
member
at
any
35
time
and
shall
not
be
a
condition
of
admission
to
the
home.
1
Sec.
2187.
Section
35D.12,
Code
2023,
is
amended
to
read
as
2
follows:
3
35D.12
Bank
account
for
members’
deposits.
4
1.
a.
The
Iowa
veterans
home,
for
the
convenience
of
its
5
members,
may
maintain
a
commercial
account
with
a
federally
6
insured
bank
for
the
individual
personal
deposits
of
its
7
members.
The
account
shall
be
known
as
the
Iowa
veterans
8
home
membership
account.
The
commandant
department
shall
9
record
each
member’s
personal
deposits
individually
and
shall
10
deposit
the
funds
in
the
membership
account,
where
the
members’
11
deposits
shall
be
held
in
the
aggregate.
12
b.
The
Iowa
veterans
home
may
withdraw
moneys
from
the
13
account
maintained
pursuant
to
this
subsection
to
establish
14
certificates
of
deposit
for
the
benefit
of
all
members.
The
15
commission
department
shall
adopt
rules
pursuant
to
chapter
17A
16
for
the
administration
of
this
paragraph.
17
2.
The
commandant
department
,
if
authorized
by
a
member
of
18
the
home
,
and
pursuant
to
policies
adopted
by
the
commission,
19
may
make
withdrawals
against
that
member’s
personal
account
to
20
pay
regular
bills
and
other
expenses
incurred
by
the
member.
21
The
authorization
may
be
given
by
the
member
at
any
time
and
22
shall
not
be
a
condition
of
admission
to
the
home.
23
Sec.
2188.
Section
35D.15,
subsection
1,
Code
2023,
is
24
amended
to
read
as
follows:
25
1.
The
commandant
shall
administer
and
enforce
all
rules
26
adopted
by
the
commission,
including
rules
of
discipline
and,
27
subject
to
these
rules,
may
immediately
suspend
the
membership
28
of
and
discharge
any
person
from
the
home
for
infraction
of
29
the
rules
when
the
commandant
department
determines
that
the
30
health,
safety,
or
welfare
of
the
residents
of
the
home
is
in
31
immediate
danger
and
other
reasonable
alternatives
have
been
32
exhausted.
The
suspension
and
discharge
are
temporary
pending
33
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action
by
the
commission.
Judicial
review
of
the
action
of
the
34
commission
may
be
sought
in
accordance
with
chapter
17A
.
35
Sec.
2189.
Section
35D.15,
subsection
2,
paragraphs
a,
b,
d,
1
and
f,
Code
2023,
are
amended
to
read
as
follows:
2
a.
The
commandant
department
shall,
with
the
input
3
and
recommendation
of
the
interdisciplinary
resident
care
4
committee,
involuntarily
discharge
a
member
for
any
of
the
5
following
reasons:
6
(1)
(a)
The
member
has
been
diagnosed
with
a
substance
use
7
disorder
but
continues
to
abuse
alcohol
or
an
illegal
drug
in
8
violation
of
the
member’s
conditional
or
provisional
agreement
9
entered
into
at
the
time
of
admission,
and
all
of
the
following
10
conditions
are
met:
11
(i)
The
member
has
been
provided
sufficient
notice
of
any
12
changes
in
the
member’s
collaborative
care
plan.
13
(ii)
The
member
has
been
notified
of
the
member’s
commission
14
of
three
offenses
and
has
been
given
the
opportunity
to
correct
15
the
behavior
through
either
of
the
following
options:
16
(A)
Being
given
the
opportunity
to
receive
the
appropriate
17
level
of
treatment
in
accordance
with
best
practices
for
18
standards
of
care.
19
(B)
By
having
been
placed
on
probation
by
the
Iowa
veterans
20
home
for
a
second
offense.
21
(b)
Notwithstanding
the
member’s
meeting
the
criteria
22
for
discharge
under
this
subparagraph
(1),
if
the
member
23
has
demonstrated
progress
toward
the
goals
established
in
24
the
member’s
collaborative
care
plan,
the
interdisciplinary
25
resident
care
committee
and
the
commandant
department
may
26
exercise
discretion
regarding
the
discharge.
Notwithstanding
27
any
provision
to
the
contrary,
the
member
may
be
immediately
28
discharged
under
this
subparagraph
(1)
if
the
member’s
actions
29
or
behavior
jeopardizes
the
life
or
safety
of
other
members
or
30
staff.
31
(2)
(a)
The
member
refuses
to
utilize
the
resources
32
available
to
address
issues
identified
in
the
member’s
33
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collaborative
care
plan,
and
all
of
the
following
conditions
34
are
met:
35
(i)
The
member
has
been
provided
sufficient
notice
of
any
1
changes
in
the
member’s
collaborative
care
plan.
2
(ii)
The
member
has
been
notified
of
the
member’s
commission
3
of
three
offenses
and
the
member
has
been
placed
on
probation
4
by
the
Iowa
veterans
home
for
a
second
offense.
5
(b)
Notwithstanding
the
member’s
meeting
the
criteria
6
for
discharge
under
this
subparagraph
(2),
if
the
member
7
has
demonstrated
progress
toward
the
goals
established
in
8
the
member’s
collaborative
care
plan,
the
interdisciplinary
9
resident
care
committee
and
the
commandant
department
may
10
exercise
discretion
regarding
the
discharge.
Notwithstanding
11
any
provision
to
the
contrary,
the
member
may
be
immediately
12
discharged
if
the
member’s
actions
or
behavior
jeopardizes
the
13
life
or
safety
of
other
members
or
staff.
14
(3)
The
member
no
longer
requires
a
residential
or
nursing
15
level
of
care,
as
determined
by
the
interdisciplinary
resident
16
care
committee.
17
(4)
The
member
requires
a
level
of
licensed
care
not
18
provided
at
the
Iowa
veterans
home.
19
b.
(1)
If
a
member
is
discharged
under
this
subsection
,
20
the
discharge
plan
shall
include
placement
in
a
suitable
21
living
situation
which
may
include
but
is
not
limited
to
22
a
transitional
living
program
approved
by
the
commission
23
or
a
living
program
provided
by
the
United
States
veterans
24
administration.
25
(2)
If
a
member
is
involuntarily
discharged
under
this
26
subsection
,
the
commission
department
shall,
to
the
greatest
27
extent
possible,
ensure
against
the
veteran
being
homeless
and
28
ensure
that
the
domicile
to
which
the
veteran
is
discharged
is
29
fit
and
habitable
and
offers
a
safe
and
clean
environment
which
30
is
free
from
health
hazards
and
provides
appropriate
heating,
31
ventilation,
and
protection
from
the
elements.
32
d.
Annually,
by
the
fourth
Monday
of
each
session
of
the
33
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general
assembly,
the
commandant
department
shall
submit
a
34
report
to
the
veterans
affairs
committees
of
the
senate
and
35
house
of
representatives
specifying
the
number,
circumstances,
1
and
placement
of
each
member
involuntarily
discharged
from
the
2
Iowa
veterans
home
under
this
subsection
during
the
previous
3
calendar
year.
4
f.
Any
involuntary
discharge
by
the
commandant
department
5
under
this
subsection
shall
comply
with
the
rules
adopted
by
6
the
commission
under
this
subsection
and
by
the
department
of
7
inspections
and
appeals
pursuant
to
section
135C.14,
subsection
8
8
,
paragraph
“f”
.
9
Sec.
2190.
Section
35D.17,
Code
2023,
is
amended
to
read
as
10
follows:
11
35D.17
Report
by
commandant
department
.
12
The
commandant
department
shall,
biennially,
make
a
full
13
and
detailed
report
to
the
governor,
the
commission,
and
the
14
general
assembly,
showing
the
condition
of
the
home,
the
15
number
of
members
in
the
Iowa
veterans
home,
the
order
and
16
discipline
enforced,
and
the
needs
of
the
home
financially
and
17
otherwise,
together
with
an
itemized
statement
of
all
receipts
18
and
disbursements
and
any
other
matters
of
importance
in
the
19
management
and
control
of
the
Iowa
veterans
home.
20
Sec.
2191.
REPEAL.
Sections
35D.13
and
35D.14,
Code
2023,
21
are
repealed.
22
DIVISION
X
23
OFFICE
OF
DRUG
CONTROL
POLICY
24
Sec.
2192.
Section
80.4,
subsection
1,
Code
2023,
is
amended
25
by
adding
the
following
new
paragraph:
26
NEW
PARAGRAPH
.
g.
Office
of
drug
control
policy.
27
Sec.
2193.
Section
80.5,
Code
2023,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
10.
The
department
shall
receive
and
review
30
the
budget
submitted
by
the
drug
policy
director
and
assist
the
31
drug
policy
director
in
directing
the
office
of
drug
control
32
policy
pursuant
to
section
80E.1.
33
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Sec.
2194.
Section
80E.1,
Code
2023,
is
amended
to
read
as
34
follows:
35
80E.1
Drug
policy
coordinator
director
.
1
1.
The
office
of
drug
control
policy
is
established
in
2
the
department
of
public
safety.
A
drug
policy
coordinator
3
director
shall
be
appointed
by
the
governor,
subject
to
4
confirmation
by
the
senate,
and
shall
serve
at
the
pleasure
of
5
the
governor
commissioner
of
the
department
of
public
safety
.
6
The
governor
shall
fill
a
vacancy
in
the
office
in
the
same
7
manner
as
the
original
appointment
was
made.
The
coordinator
8
director
shall
be
selected
primarily
for
administrative
9
ability.
The
coordinator
director
shall
not
be
selected
on
10
the
basis
of
political
affiliation
and
shall
not
engage
in
11
political
activity
while
holding
the
office.
The
salary
of
the
12
coordinator
shall
be
fixed
by
the
governor.
13
2.
The
coordinator
director
shall:
14
a.
Direct
the
governor’s
office
of
drug
control
policy,
15
and
coordinate
and
monitor
all
statewide
drug
enforcement
16
efforts,
coordinate
and
monitor
all
state
and
federal
substance
17
use
disorder
treatment
grants
and
programs,
coordinate
and
18
monitor
all
statewide
substance
abuse
use
disorder
prevention
19
and
education
programs
in
communities
and
schools,
and
engage
20
in
such
other
related
activities
as
required
by
law.
The
21
coordinator
director
shall
work
in
coordinating
the
efforts
of
22
the
department
of
corrections,
the
department
of
education,
23
the
Iowa
department
of
public
health,
the
department
of
public
24
safety,
and
the
department
of
health
and
human
services.
The
25
coordinator
director
shall
assist
in
the
development
and
26
implementation
of
local
and
community
strategies
to
fight
27
substance
abuse
use
disorder
,
including
local
law
enforcement,
28
education,
and
treatment
activities.
29
b.
Submit
an
annual
report
to
the
governor
and
general
30
assembly
by
November
1
of
each
year
concerning
the
activities
31
and
programs
of
the
coordinator
director
and
other
departments
32
related
to
drug
enforcement,
substance
use
disorder
treatment
33
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programs,
and
substance
abuse
use
disorder
prevention
and
34
education
programs.
The
report
shall
include
an
assessment
35
of
needs
with
respect
to
programs
related
to
substance
use
1
disorder
treatment
and
drug
enforcement.
2
c.
Submit
an
advisory
budget
recommendation
to
the
governor
3
and
general
assembly
concerning
enforcement
programs,
treatment
4
programs,
and
education
programs
related
to
drugs
within
the
5
various
departments.
The
coordinator
director
shall
work
6
with
these
departments
in
developing
the
departmental
budget
7
requests
to
be
submitted
to
the
legislative
services
agency
and
8
the
general
assembly.
9
3.
The
governor’s
office
of
drug
control
policy
shall
be
10
an
independent
office,
located
at
the
same
location
as
the
11
department
of
public
safety.
Administrative
support
services
12
may
shall
be
provided
to
the
governor’s
office
of
drug
control
13
policy
by
the
department
of
public
safety.
14
Sec.
2195.
Section
80E.4,
Code
2023,
is
amended
to
read
as
15
follows:
16
80E.4
Drug
abuse
resistance
education
fund.
17
A
drug
abuse
resistance
education
fund
is
created
as
a
18
separate
fund
in
the
state
treasury
under
the
control
of
the
19
governor’s
office
department
of
public
safety
for
the
office
20
of
drug
control
policy
for
use
by
the
drug
abuse
resistance
21
education
program
and
other
programs
with
a
similar
purpose.
22
The
fund
shall
consist
of
appropriations
made
to
the
fund
23
and
transfers
of
interest,
moneys
collected
from
the
crime
24
services
surcharge
established
in
section
911.1
,
and
earnings.
25
All
moneys
in
the
fund
are
appropriated
to
the
governor’s
26
office
of
drug
control
policy
department
of
public
safety
.
27
Notwithstanding
section
8.33
,
any
balance
in
the
fund
on
June
28
30
of
any
fiscal
year
shall
not
revert
to
any
other
fund
of
the
29
state
but
shall
remain
available
for
the
purposes
described
in
30
this
section
.
31
Sec.
2196.
Section
124.101,
subsection
22,
Code
2023,
is
32
amended
to
read
as
follows:
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22.
“Office”
means
the
governor’s
office
of
drug
control
34
policy,
as
referred
to
in
section
80E.1
.
35
DIVISION
XI
1
DEPARTMENT
OF
WORKFORCE
DEVELOPMENT
2
PRIMARY
DEPARTMENT
RESPONSIBILITIES
3
Sec.
2197.
Section
84A.5,
subsection
3,
Code
2023,
is
4
amended
to
read
as
follows:
5
3.
The
department
of
workforce
development
is
responsible
6
for
administration
of
unemployment
compensation
benefits
7
and
collection
of
employer
contributions
under
chapter
96
,
8
providing
for
the
delivery
of
free
public
employment
services
9
established
pursuant
to
chapter
96
,
other
job
placement
and
10
training
programs
established
pursuant
to
section
84A.6
,
11
employment
agencies
under
chapter
84H,
and
the
delivery
of
12
services
located
throughout
the
state.
13
Sec.
2198.
Section
84A.5,
subsection
7,
Code
2023,
is
14
amended
by
adding
the
following
new
paragraphs:
15
NEW
PARAGRAPH
.
f.
The
statewide
work-based
learning
16
intermediary
network
program
under
section
84A.16.
17
NEW
PARAGRAPH
.
g.
The
new
jobs
training
program
under
18
chapter
260E,
in
consultation
with
the
community
colleges.
19
NEW
PARAGRAPH
.
h.
The
Iowa
jobs
training
act
under
chapter
20
260F.
21
NEW
PARAGRAPH
.
i.
The
workforce
development
fund
program
22
under
chapter
84F.
23
NEW
PARAGRAPH
.
j.
The
accelerated
career
education
24
program
under
chapter
260G,
in
coordination
with
the
community
25
colleges.
26
NEW
PARAGRAPH
.
k.
The
older
American
community
service
27
employment
program
under
section
84A.17.
28
NEW
PARAGRAPH
.
l.
The
apprenticeship
training
program
under
29
chapter
84D.
30
NEW
PARAGRAPH
.
m.
The
future
ready
Iowa
registered
31
apprenticeship
development
program
under
section
84E.1.
32
NEW
PARAGRAPH
.
n.
The
future
ready
Iowa
expanded
registered
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apprenticeship
opportunities
program
under
section
84E.2.
34
NEW
PARAGRAPH
.
o.
Adult
education
and
literacy
programs
35
under
section
84A.19.
1
REGIONAL
INDUSTRY
SECTOR
PARTNERSHIPS
2
Sec.
2199.
Section
260H.2,
subsection
2,
paragraph
a,
Code
3
2023,
is
amended
to
read
as
follows:
4
a.
A
pathways
for
academic
career
and
employment
fund
is
5
created
for
the
community
colleges
in
the
state
treasury
to
be
6
administered
by
the
department
of
education
and
the
department
7
of
workforce
development
.
The
moneys
in
the
pathways
for
8
academic
career
and
employment
fund
are
appropriated
to
the
9
department
of
education
for
the
pathways
for
academic
career
10
and
employment
program.
11
Sec.
2200.
Section
260H.7B,
Code
2023,
is
amended
to
read
12
as
follows:
13
260H.7B
Regional
industry
sector
partnerships.
14
1.
A
community
college
and
the
department
of
workforce
15
development
may
use
moneys
for
the
pathways
for
academic
career
16
and
employment
program
to
provide
staff
and
support
for
the
17
development
and
implementation
of
a
regional
industry
sector
18
partnerships
partnership
within
the
each
region
served
by
19
the
each
community
college.
For
purposes
of
this
section,
20
“community
college”
means
the
same
as
defined
in
section
260C.2.
21
2.
Regional,
A
regional
industry
sector
partnerships
22
partnership
may
include
but
are
engage
in
but
is
not
limited
to
23
the
following
activities:
24
a.
Bringing
together
Collaborating
with
representatives
25
from
industry
sectors,
government,
education,
local
workforce
26
boards,
community-based
organizations,
labor,
economic
27
development
organizations,
and
other
stakeholders
within
the
28
regional
labor
market
to
determine
how
pathways
for
academic
29
career
and
employment
projects
should
address
workforce
skills
30
gaps,
occupational
shortages,
and
wage
gaps.
31
b.
Integrating
pathways
for
academic
career
and
employment
32
projects
and
other
existing
supply-side
strategies
with
33
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workforce
needs
within
the
region
served
by
the
community
34
college
in
that
region
.
35
c.
Developing
pathways
for
academic
career
and
employment
1
projects
that
focus
on
the
workforce
skills,
from
entry
level
2
to
advanced,
required
by
industry
sectors
within
the
region
3
served
by
the
community
college.
4
d.
Structuring
pathways
so
that
instruction
and
learning
of
5
workforce
skills
are
aligned
with
industry-recognized
standards
6
where
such
standards
exist.
7
Sec.
2201.
Section
260H.8,
Code
2023,
is
amended
to
read
as
8
follows:
9
260H.8
Rules.
10
The
department
of
education,
in
consultation
with
the
11
community
colleges,
the
economic
development
authority,
and
the
12
department
of
workforce
development,
shall
adopt
rules
pursuant
13
to
chapter
17A
and
this
chapter
to
implement
the
provisions
of
14
this
chapter
.
Local
workforce
development
boards
established
15
pursuant
to
section
84A.4
shall
be
consulted
in
the
development
16
and
implementation
of
rules
to
be
adopted
pursuant
to
this
17
chapter
section
.
18
Sec.
2202.
CODE
EDITOR
DIRECTIVE.
19
1.
The
Code
editor
is
directed
to
make
the
following
20
transfer:
21
Section
260H.7B
to
section
84A.15.
22
2.
The
Code
editor
shall
correct
internal
references
in
the
23
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
24
enactment
of
this
section.
25
Sec.
2203.
TRANSITION
PROVISIONS.
A
regional
industry
26
sector
partnership
entered
into
by
a
community
college
prior
27
to
the
effective
date
of
this
division
of
this
Act
shall
be
28
valid
and
continue
per
the
terms
of
the
agreement
between
the
29
community
college
and
the
partnership.
30
STATEWIDE
WORK-BASED
LEARNING
INTERMEDIARY
NETWORK
31
Sec.
2204.
Section
256.40,
Code
2023,
is
amended
to
read
as
32
follows:
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256.40
Statewide
work-based
learning
intermediary
network
——
34
fund
——
steering
committee
——
regional
networks.
35
1.
A
statewide
work-based
learning
intermediary
network
1
program
is
established
in
the
department
of
workforce
2
development
and
shall
be
administered
by
the
department.
A
3
separate,
statewide
work-based
learning
intermediary
network
4
fund
is
created
in
the
state
treasury
under
the
control
of
the
5
department
of
workforce
development
.
The
fund
shall
consist
6
of
all
moneys
deposited
in
the
fund,
including
any
moneys
7
appropriated
by
the
general
assembly
and
any
other
moneys
8
available
to
and
obtained
or
accepted
by
the
department
of
9
workforce
development
from
federal
or
private
sources
for
10
purposes
of
the
program.
Notwithstanding
section
8.33
,
moneys
11
in
the
fund
at
the
end
of
a
fiscal
year
shall
not
revert
to
12
the
general
fund
of
the
state.
Notwithstanding
section
12C.7,
13
subsection
2
,
interest
or
earnings
on
moneys
in
the
fund
shall
14
be
credited
to
the
fund.
15
2.
The
purpose
of
the
program
shall
be
to
prepare
students
16
for
the
workforce
by
connecting
business
and
the
education
17
system
facilitating
cooperation
and
collaboration
between
18
businesses
and
entities
within
the
state
system
of
education,
19
as
that
state
system
of
education
is
described
in
section
20
256.1,
subsection
1,
and
offering
to
offer
relevant,
work-based
21
learning
activities
to
students
and
teachers.
The
program
22
shall
do
all
of
the
following
:
23
a.
Better
prepare
Prepare
students
to
make
informed
24
postsecondary
education
and
career
decisions.
25
b.
Provide
communication
and
coordination
in
order
to
build
26
and
sustain
relationships
between
employers
and
local
youth,
27
the
state
system
of
education
system
,
and
the
community
at
28
large.
29
c.
Connect
students
to
local
career
opportunities
within
the
30
state
,
creating
economic
capital
for
the
region
state
using
a
31
skilled
and
available
workforce.
32
d.
Provide
a
one-stop
contact
point
for
information
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useful
to
both
educators
and
employers,
including
information
34
on
related
to
internships,
job
shadowing
experiences,
35
apprenticeable
occupations
as
defined
in
section
15B.2
,
1
and
other
workplace
learning
opportunities
for
students
,
2
particularly
including
those
related
to
occupations
in
3
science,
technology,
engineering,
or
mathematics
occupations
,
4
occupations
related
to
critical
infrastructure
,
and
commercial
5
and
residential
construction,
or
and
targeted
industries
as
6
defined
in
section
15.102
.
7
e.
Integrate
services
provided
through
the
program
with
8
other
career
exploration-related
activities,
which
may
include
9
but
are
not
limited
to
the
a
student’s
career
and
academic
10
plans
and
career
information
and
decision-making
systems
11
utilized
in
accordance
with
under
section
279.61
.
12
f.
Facilitate
the
attainment
of
portable
credentials
of
13
value
to
employers
such
as
the
national
career
readiness
14
certificate,
where
appropriate.
15
g.
Develop
work-based
capacity
with
employers.
16
h.
Provide
core
services,
which
may
include
student
job
17
shadowing,
student
internships,
and
teacher
or
student
tours.
18
3.
a.
The
department
of
workforce
development
shall
19
establish
and
facilitate
a
steering
committee
comprised
of
20
representatives
from
the
department
of
workforce
development
21
education
,
the
economic
development
authority,
the
community
22
colleges,
the
institutions
under
the
control
of
the
state
board
23
of
regents,
accredited
private
institutions,
area
education
24
agencies,
school
districts,
the
workplace
learning
connection,
25
and
an
apprenticeship
sponsor
as
defined
in
section
15B.2
.
The
26
steering
committee
shall
be
responsible
for
the
development
27
and
implementation
of
the
statewide
work-based
learning
28
intermediary
network.
29
4.
b.
The
steering
committee
shall
develop
a
design
for
30
a
statewide
network
comprised
of
fifteen
regional
work-based
31
learning
intermediary
networks.
The
design
shall
include
32
network
specifications,
strategic
functions,
and
desired
33
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outcomes.
The
steering
committee
shall
recommend
program
34
parameters
and
reporting
requirements
to
the
department
of
35
workforce
development
.
1
5.
4.
Each
regional
network
shall
establish
an
advisory
2
council
to
provide
advice
and
assistance
to
the
regional
3
network.
The
advisory
council
shall
include
representatives
of
4
business
and
industry,
including
construction
trade
industry
5
professionals,
and
shall
meet
at
least
annually.
6
6.
5.
Each
regional
network
or
consortium
of
networks
shall
7
annually
submit
a
work-based
learning
plan
to
the
department
of
8
workforce
development
.
Each
plan
shall
include
provisions
to
9
provide
core
services
referred
to
in
subsection
2
,
paragraph
10
“h”
,
to
all
school
districts
within
the
region
and
for
the
11
integration
of
job
shadowing
and
other
work-based
learning
12
activities
into
secondary
career
and
technical
education
13
programs.
14
7.
6.
a.
Moneys
Upon
approval
by
the
department
of
15
workforce
development
of
a
region’s
work-based
learning
plan
16
submitted
pursuant
to
subsection
5,
moneys
deposited
in
the
17
statewide
work-based
learning
intermediary
network
fund
created
18
in
subsection
1
shall
be
distributed
annually
by
the
department
19
of
workforce
development
to
each
region
for
the
implementation
20
of
the
statewide
work-based
learning
intermediary
network
upon
21
approval
by
the
department
of
the
region’s
work-based
learning
22
plan
submitted
pursuant
to
subsection
6
.
23
b.
If
the
balance
in
the
statewide
work-based
learning
24
intermediary
network
fund
on
July
1
of
a
fiscal
year
is
one
25
million
five
hundred
thousand
dollars
or
less,
the
department
26
of
workforce
development
shall
distribute
moneys
in
the
fund
to
27
regions
or
consortiums
of
regions
on
a
competitive
basis.
If
28
the
balance
in
the
statewide
work-based
learning
intermediary
29
network
fund
on
July
1
of
a
fiscal
year
is
greater
than
one
30
million
five
hundred
thousand
dollars,
the
department
of
31
workforce
development
shall
distribute
one
hundred
thousand
32
dollars
to
each
region
and
distribute
the
remaining
moneys
33
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pursuant
to
the
same
formula
established
for
distribution
of
34
funds
by
the
department
of
education
in
section
260C.18C
.
35
8.
7.
The
department
of
workforce
development
shall
provide
1
oversight
of
the
statewide
work-based
learning
intermediary
2
network.
The
department
of
workforce
development
shall
require
3
each
region
to
submit
an
annual
report
on
its
the
region’s
4
ongoing
implementation
of
the
statewide
work-based
learning
5
intermediary
network
program
to
the
department
.
6
9.
8.
Each
regional
network
shall
match
the
moneys
received
7
pursuant
to
subsection
7
6
with
financial
resources
equal
to
at
8
least
twenty-five
percent
of
the
amount
of
the
moneys
received
9
pursuant
to
subsection
7
6
.
The
financial
resources
used
10
to
provide
the
match
may
include
private
donations,
in-kind
11
contributions,
or
public
moneys
other
than
the
moneys
received
12
pursuant
to
subsection
7
6
.
13
10.
9.
The
state
board
of
education
department
of
workforce
14
development
shall
adopt
rules
under
chapter
17A
for
the
15
administration
of
this
section
.
16
Sec.
2205.
CODE
EDITOR
DIRECTIVE.
17
1.
The
Code
editor
is
directed
to
make
the
following
18
transfer:
19
Section
256.40,
as
amended
in
this
division
of
this
Act,
to
20
section
84A.16.
21
2.
The
Code
editor
shall
correct
internal
references
in
the
22
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
23
enactment
of
this
section.
24
INDUSTRIAL
NEW
JOBS
TRAINING
25
Sec.
2206.
Section
15A.7,
subsection
3,
Code
2023,
is
26
amended
to
read
as
follows:
27
3.
That
the
employer
shall
agree
to
pay
wages
for
the
jobs
28
for
which
the
credit
is
taken
of
at
least
the
laborshed
wage
,
29
as
calculated
by
the
authority
pursuant
to
section
15.327,
30
subsection
15
.
For
purposes
of
this
subsection,
“laborshed
31
wage”
means
the
wage
level
represented
by
those
wages
within
32
two
standard
deviations
from
the
mean
wage
within
the
laborshed
33
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area
in
which
the
eligible
business
is
located,
as
calculated
34
by
the
department
of
workforce
development
by
rule,
using
the
35
most
current
covered
wage
and
employment
data
available
to
1
the
department
for
the
laborshed
area.
Eligibility
for
the
2
supplemental
credit
shall
be
based
on
a
one-time
determination
3
of
starting
wages
by
the
community
college.
4
Sec.
2207.
Section
260E.7,
Code
2023,
is
amended
to
read
as
5
follows:
6
260E.7
Program
review
by
economic
development
authority
7
department
of
workforce
development
.
8
1.
The
economic
development
authority
department
of
9
workforce
development
,
in
consultation
with
the
department
of
10
education
,
and
the
department
of
revenue,
and
the
department
11
of
workforce
development,
shall
coordinate
and
review
the
new
12
jobs
training
program.
The
economic
development
authority
13
department
of
workforce
development
shall
adopt,
amend,
and
14
repeal
rules
under
chapter
17A
that
the
community
college
will
15
use
in
developing
projects
with
new
and
expanding
industrial
16
new
jobs
training
proposals
and
that
the
economic
development
17
authority
department
of
workforce
development
shall
use
to
18
review
and
report
on
the
new
jobs
training
program
as
required
19
in
this
section
.
20
2.
a.
The
authority
department
of
workforce
development
,
21
in
consultation
with
the
community
colleges
participating
22
in
the
new
jobs
training
program
pursuant
to
this
chapter
,
23
shall
identify
the
information
necessary
to
effectively
24
coordinate
and
review
the
program,
and
the
community
colleges
25
shall
provide
such
information
to
the
authority
department
.
26
Using
the
information
provided,
the
authority
department
,
in
27
consultation
with
the
community
colleges,
shall
issue
a
report
28
on
the
effectiveness
of
the
program.
29
b.
In
coordinating
and
reviewing
the
program,
the
department
30
of
workforce
development
shall
give
due
regard
shall
be
given
31
to
the
confidentiality
of
certain
information
provided
by
the
32
community
colleges
,
and
the
authority
shall
comply
with
the
33
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provisions
of
section
15.118
to
the
extent
that
such
provisions
34
are
applicable
to
the
new
jobs
training
program
.
35
3.
The
authority
department
of
workforce
development
1
is
authorized
to
make
any
rule
that
is
adopted,
amended,
2
or
repealed
effective
immediately
upon
filing
with
the
3
administrative
rules
coordinator
or
at
a
subsequent
stated
date
4
prior
to
indexing
and
publication,
or
at
a
stated
date
less
5
than
thirty-five
days
after
filing,
indexing,
and
publication.
6
Sec.
2208.
Section
403.21,
subsections
2
and
3,
Code
2023,
7
are
amended
to
read
as
follows:
8
2.
The
community
college
shall
send
a
copy
of
the
final
9
agreement
prepared
pursuant
to
section
260E.3
to
the
economic
10
development
authority
department
of
workforce
development
.
11
For
each
year
in
which
incremental
property
taxes
are
used
to
12
pay
job
training
certificates
issued
for
a
project
creating
13
new
jobs,
the
community
college
shall
provide
to
the
economic
14
development
authority
department
of
workforce
development
15
a
report
of
the
incremental
property
taxes
and
new
jobs
16
credits
from
withholding
generated
for
that
year,
a
specific
17
description
of
the
training
conducted,
the
number
of
employees
18
provided
program
services
under
the
project,
the
median
19
wage
of
employees
in
the
new
jobs
in
the
project,
and
the
20
administrative
costs
directly
attributable
to
the
project.
21
3.
For
each
year
in
which
incremental
property
taxes
are
22
used
to
retire
debt
service
on
a
jobs
training
advance
issued
23
for
a
project
creating
new
jobs,
the
community
college
shall
24
provide
to
the
economic
development
authority
department
of
25
workforce
development
a
report
of
the
incremental
property
26
taxes
and
new
jobs
credits
from
withholding
generated
for
that
27
year,
a
specific
description
of
the
training
conducted,
the
28
number
of
employees
provided
services
under
the
project,
the
29
median
wage
of
employees
in
the
new
jobs
in
the
project,
and
30
the
administrative
costs
directly
attributable
to
the
project.
31
Sec.
2209.
Section
422.16A,
Code
2023,
is
amended
to
read
32
as
follows:
33
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422.16A
Job
training
withholding
——
certification
and
34
transfer.
35
Upon
the
completion
by
a
business
of
its
repayment
1
obligation
for
a
training
project
funded
under
chapter
260E
,
2
including
a
job
training
project
funded
under
section
15A.8
3
or
repaid
in
whole
or
in
part
by
the
supplemental
new
jobs
4
credit
from
withholding
under
section
15A.7
or
section
15E.197,
5
Code
2014
,
the
sponsoring
community
college
shall
report
to
6
the
economic
development
authority
department
of
workforce
7
development
the
amount
of
withholding
paid
by
the
business
8
to
the
community
college
during
the
final
twelve
months
of
9
withholding
payments.
The
economic
development
authority
10
department
of
workforce
development
shall
notify
the
department
11
of
revenue
of
that
amount.
The
department
of
revenue
shall
12
credit
to
the
workforce
development
fund
account
established
in
13
section
15.342A
twenty-five
percent
of
that
amount
each
quarter
14
for
a
period
of
ten
years.
If
the
amount
of
withholding
from
15
the
business
or
employer
is
insufficient,
the
department
of
16
revenue
shall
prorate
the
quarterly
amount
credited
to
the
17
workforce
development
fund
account.
The
maximum
amount
from
18
all
employers
which
shall
be
transferred
to
the
workforce
19
development
fund
account
in
any
year
is
seven
million
seven
20
hundred
fifty
thousand
dollars.
21
Sec.
2210.
CODE
EDITOR
DIRECTIVE.
22
1.
The
Code
editor
is
directed
to
make
the
following
23
transfers:
24
a.
Section
15A.7
to
section
260J.1.
25
b.
Section
15A.8
to
section
260J.2.
26
2.
The
Code
editor
shall
correct
internal
references
in
the
27
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
28
enactment
of
this
section.
29
JOB
TRAINING
30
Sec.
2211.
Section
260F.2,
subsection
2,
Code
2023,
is
31
amended
by
striking
the
subsection.
32
Sec.
2212.
Section
260F.2,
subsections
4,
5,
and
11,
Code
33
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2023,
are
amended
to
read
as
follows:
34
4.
“Date
of
commencement
of
the
project”
means
the
date
35
of
the
preliminary
agreement
or
the
date
an
application
for
1
assistance
is
received
by
the
authority
department
.
2
5.
“Eligible
business”
or
“business”
means
a
business
3
training
employees
which
is
engaged
in
interstate
or
intrastate
4
commerce
for
the
purpose
of
manufacturing,
processing,
or
5
assembling
products,
conducting
research
and
development,
or
6
providing
services
in
interstate
commerce,
but
excludes
retail,
7
health,
or
professional
services
and
which
meets
the
other
8
criteria
established
by
the
authority
department
.
“Eligible
9
business”
does
not
include
a
business
whose
training
costs
can
10
be
economically
funded
under
chapter
260E
,
a
business
which
11
closes
or
substantially
reduces
its
employment
base
in
order
12
to
relocate
substantially
the
same
operation
to
another
area
13
of
the
state,
or
a
business
which
is
involved
in
a
strike,
14
lockout,
or
other
labor
dispute
in
Iowa.
15
11.
“Project”
means
a
training
arrangement
which
is
the
16
subject
of
an
agreement
entered
into
between
the
community
17
college
and
a
business
to
provide
program
services.
“Project”
18
also
means
a
training
arrangement
which
is
sponsored
by
the
19
authority
department
and
administered
under
sections
260F.6A
20
and
260F.6B
.
21
Sec.
2213.
Section
260F.2,
Code
2023,
is
amended
by
adding
22
the
following
new
subsection:
23
NEW
SUBSECTION
.
4A.
“Department”
means
the
department
of
24
workforce
development.
25
Sec.
2214.
Section
260F.3,
subsection
5,
Code
2023,
is
26
amended
to
read
as
follows:
27
5.
Other
criteria
established
by
the
department
of
28
education
.
29
Sec.
2215.
Section
260F.6,
subsections
1
and
2,
Code
2023,
30
are
amended
to
read
as
follows:
31
1.
There
is
established
for
the
community
colleges
a
job
32
training
fund
in
the
economic
development
authority
department
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of
workforce
development
in
the
workforce
development
fund
34
established
in
section
15.342A
.
The
job
training
fund
consists
35
of
moneys
appropriated
for
the
purposes
of
this
chapter
plus
1
the
interest
and
principal
from
repayment
of
advances
made
to
2
businesses
for
program
costs,
plus
the
repayments,
including
3
interest,
of
loans
made
from
that
retraining
fund,
and
interest
4
earned
from
moneys
in
the
job
training
fund.
5
2.
To
provide
funds
for
the
present
payment
of
the
costs
6
of
a
training
program
by
the
business,
the
community
college
7
may
provide
to
the
business
an
advance
of
the
moneys
to
be
used
8
to
pay
for
the
program
costs
as
provided
in
the
agreement.
9
To
receive
the
funds
for
this
advance
from
the
job
training
10
fund
established
in
subsection
1
,
the
community
college
shall
11
submit
an
application
to
the
authority
department
.
The
amount
12
of
the
advance
shall
not
exceed
fifty
thousand
dollars
for
13
any
business
site,
or
one
hundred
thousand
dollars
within
14
a
three-fiscal-year
period
for
any
business
site.
If
the
15
project
involves
a
consortium
of
businesses,
the
maximum
award
16
per
project
shall
not
exceed
one
hundred
thousand
dollars.
17
Participation
in
a
consortium
does
not
affect
a
business
18
site’s
eligibility
for
individual
project
assistance.
Prior
19
to
approval
a
business
shall
agree
to
match
program
amounts
20
in
accordance
with
criteria
established
by
the
authority
21
department
.
22
Sec.
2216.
Section
260F.6A,
Code
2023,
is
amended
to
read
23
as
follows:
24
260F.6A
Business
network
training
projects
.
25
The
community
colleges
and
the
authority
department
are
26
authorized
to
fund
business
network
training
projects
which
27
include
five
or
more
businesses
and
are
located
in
two
or
more
28
community
college
districts.
A
business
network
training
29
project
must
have
a
designated
organization
or
lead
business
30
to
serve
as
the
administrative
entity
that
will
coordinate
the
31
training
program.
The
businesses
must
have
common
training
32
needs
and
develop
a
plan
to
meet
those
needs.
The
authority
33
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department
shall
adopt
rules
governing
this
section
’s
operation
34
and
participant
eligibility.
35
Sec.
2217.
Section
260F.6B,
Code
2023,
is
amended
to
read
1
as
follows:
2
260F.6B
High
technology
apprenticeship
program.
3
The
community
colleges
and
the
authority
department
4
are
authorized
to
fund
high
technology
apprenticeship
5
programs
which
comply
with
the
requirements
specified
in
6
section
260C.44
and
which
may
include
both
new
and
statewide
7
apprenticeship
programs.
Notwithstanding
the
provisions
8
of
section
260F.6,
subsection
2
,
relating
to
maximum
award
9
amounts,
moneys
allocated
to
the
community
colleges
with
high
10
technology
apprenticeship
programs
shall
be
distributed
to
the
11
community
colleges
based
upon
contact
hours
under
the
programs
12
administered
during
the
prior
fiscal
year
as
determined
by
13
the
department
of
education.
The
authority
department
shall
14
adopt
rules
governing
this
section
’s
operation
and
participant
15
eligibility.
16
Sec.
2218.
Section
260F.7,
Code
2023,
is
amended
to
read
as
17
follows:
18
260F.7
Authority
to
coordinate
Coordination
——
department
of
19
workforce
development
.
20
The
authority
department
,
in
consultation
with
the
21
department
of
education
and
the
department
of
workforce
22
development
,
shall
coordinate
the
jobs
training
program.
A
23
project
shall
not
be
funded
under
this
chapter
unless
the
24
authority
department
approves
the
project.
The
authority
25
department
shall
adopt
rules
pursuant
to
chapter
17A
governing
26
the
program’s
operation
and
eligibility
for
participation
in
27
the
program.
The
authority
department
shall
establish
by
rule
28
criteria
for
determining
what
constitutes
an
eligible
business.
29
Sec.
2219.
Section
260F.8,
subsection
1,
Code
2023,
is
30
amended
to
read
as
follows:
31
1.
For
each
fiscal
year,
the
authority
department
shall
32
make
funds
available
to
the
community
colleges.
The
authority
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department
shall
allocate
by
formula
from
the
moneys
in
34
the
fund
an
amount
for
each
community
college
to
be
used
to
35
provide
the
financial
assistance
for
proposals
of
businesses
1
whose
applications
have
been
approved
by
the
authority
2
department
.
The
financial
assistance
shall
be
provided
by
3
the
authority
department
from
the
amount
set
aside
for
that
4
community
college.
If
any
portion
of
the
moneys
set
aside
for
5
a
community
college
have
not
been
used
or
committed
by
May
6
1
of
the
fiscal
year,
that
portion
is
available
for
use
by
7
the
authority
department
to
provide
financial
assistance
to
8
businesses
applying
to
other
community
colleges.
The
authority
9
department
shall
adopt
by
rule
a
formula
for
this
set-aside.
10
Sec.
2220.
TRANSITION
PROVISIONS.
11
1.
A
project
that
is
entered
into
by
a
community
college
12
and
a
business
under
section
260F.3
prior
to
the
effective
13
date
of
this
division
of
this
Act
shall
be
valid
and
continue
14
as
provided
in
the
terms
of
the
agreement
and
shall
be
15
administered
by
the
department
of
workforce
development.
16
2.
A
project
sponsored
by
and
administered
under
section
17
260F.6A
or
260F.6B
by
the
economic
development
authority
prior
18
to
the
effective
date
of
this
division
of
this
Act
shall
be
19
valid
and
continue
as
provided
by
the
terms
of
the
training
20
arrangement
and
shall
be
administered
by
the
department
of
21
workforce
development.
22
WORKFORCE
DEVELOPMENT
FUND
PROGRAM
23
Sec.
2221.
Section
15.108,
subsection
6,
Code
2023,
is
24
amended
by
striking
the
subsection.
25
Sec.
2222.
Section
15.341,
Code
2023,
is
amended
to
read
as
26
follows:
27
15.341
Workforce
development
fund
program.
28
This
part
chapter
shall
be
known
as
the
“Workforce
29
Development
Fund”
program.
30
Sec.
2223.
Section
15.342,
Code
2023,
is
amended
to
read
as
31
follows:
32
15.342
Purpose.
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The
purpose
of
this
part
chapter
shall
be
to
provide
a
34
mechanism
for
funding
workforce
development
programs
listed
in
35
section
15.343,
subsection
2
,
in
order
to
more
efficiently
meet
1
the
needs
identified
within
those
individual
programs.
2
Sec.
2224.
Section
15.342A,
Code
2023,
is
amended
to
read
3
as
follows:
4
15.342A
Workforce
development
fund
account.
5
1.
A
workforce
development
fund
account
is
established
in
6
the
office
of
the
treasurer
of
state
under
the
control
of
the
7
authority
department
of
workforce
development
.
The
account
8
shall
receive
funds
pursuant
to
section
422.16A
.
9
2.
For
the
fiscal
year
beginning
July
1,
2014
2023
,
10
and
for
each
fiscal
year
thereafter,
there
is
annually
11
appropriated
from
the
workforce
development
fund
account
to
the
12
apprenticeship
training
program
fund
created
in
section
15B.3
13
three
million
dollars
for
the
purposes
of
chapter
15B
.
14
3.
For
the
fiscal
year
beginning
July
1,
2014
2023
,
and
for
15
each
fiscal
year
thereafter,
there
is
annually
appropriated
16
from
the
workforce
development
fund
account
to
the
job
training
17
fund
created
in
section
260F.6
four
million
seven
hundred
fifty
18
thousand
dollars
for
the
purposes
of
chapter
260F
.
19
Sec.
2225.
Section
15.343,
subsections
1
and
2,
Code
2023,
20
are
amended
to
read
as
follows:
21
1.
a.
A
workforce
development
fund
is
created
as
a
22
revolving
fund
in
the
state
treasury
under
the
control
of
the
23
authority
department
of
workforce
development
consisting
of
any
24
moneys
appropriated
by
the
general
assembly
for
that
purpose
25
and
any
other
moneys
available
to
and
obtained
or
accepted
by
26
the
authority
department
of
workforce
development
from
the
27
federal
government
or
private
sources
for
placement
in
the
28
fund.
The
fund
shall
also
include
moneys
appropriated
to
the
29
fund
from
the
workforce
development
fund
account
established
30
in
section
15.342A
.
31
b.
Notwithstanding
section
8.33
,
moneys
in
the
workforce
32
development
fund
at
the
end
of
each
fiscal
year
shall
not
33
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revert
to
any
other
fund
but
shall
remain
in
the
workforce
34
development
fund
for
expenditure
for
subsequent
fiscal
years.
35
2.
The
assets
of
the
fund
shall
be
used
by
the
authority
1
department
of
workforce
development
for
the
following
programs
2
and
purposes:
3
a.
Projects
under
chapter
260F
.
The
authority
department
of
4
workforce
development
shall
require
a
match
from
all
businesses
5
participating
in
a
training
project
under
chapter
260F
.
6
b.
Apprenticeship
programs
under
section
260C.44
,
including
7
new
or
statewide
building
trades
apprenticeship
programs.
8
c.
To
cover
the
costs
of
the
administration
of
workforce
9
development
programs
and
services
available
through
the
10
authority.
A
portion
of
these
funds
may
be
used
to
To
support
11
efforts
by
the
community
colleges
to
provide
workforce
services
12
to
Iowa
employers.
13
Sec.
2226.
Section
15.344,
Code
2023,
is
amended
to
read
as
14
follows:
15
15.344
Common
system
——
assessment
and
tracking.
16
The
authority
department
of
workforce
development
shall
use
17
information
from
the
customer
tracking
system
administered
by
18
the
department
of
workforce
development
under
section
84A.5
to
19
determine
the
economic
impact
of
the
programs.
To
the
extent
20
possible,
the
authority
department
shall
track
individuals
and
21
businesses
who
have
received
assistance
or
services
through
22
the
fund
to
determine
whether
the
assistance
or
services
have
23
resulted
in
increased
wages
paid
to
the
individuals
or
paid
by
24
the
businesses.
25
Sec.
2227.
CODE
EDITOR
DIRECTIVE.
26
1.
The
Code
editor
is
directed
to
make
the
following
27
transfers:
28
a.
Section
15.341
to
section
84F.1.
29
b.
Section
15.342
to
section
84F.2.
30
c.
Section
15.342A
to
section
84F.3.
31
d.
Section
15.343
to
section
84F.4.
32
e.
Section
15.344
to
section
84F.5.
33
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2.
The
Code
editor
shall
correct
internal
references
in
the
34
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
35
enactment
of
this
section.
1
ACCELERATED
CAREER
EDUCATION
PROGRAM
2
Sec.
2228.
Section
260G.3,
subsection
2,
unnumbered
3
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
4
An
agreement
may
include
reasonable
and
necessary
provisions
5
to
implement
the
accelerated
career
education
program.
If
6
an
agreement
is
entered
into,
the
community
college
and
the
7
employer
shall
notify
the
department
of
revenue
as
soon
as
8
possible.
The
community
college
shall
also
file
a
copy
of
the
9
agreement
with
the
economic
development
authority
department
10
of
workforce
development
as
required
in
section
260G.4B
.
The
11
agreement
shall
provide
for
program
costs,
including
deferred
12
costs,
which
may
be
paid
from
any
of
the
following
sources:
13
Sec.
2229.
Section
260G.4B,
Code
2023,
is
amended
to
read
14
as
follows:
15
260G.4B
Maximum
statewide
program
job
credit.
16
1.
The
total
amount
of
program
job
credits
from
all
17
employers
which
shall
be
allocated
for
all
accelerated
career
18
education
programs
in
the
state
in
any
one
fiscal
year
shall
19
not
exceed
five
million
four
hundred
thousand
dollars.
A
20
community
college
shall
file
a
copy
of
each
agreement
with
21
the
economic
development
authority
department
of
workforce
22
development
.
The
authority
department
of
workforce
development
23
shall
maintain
an
annual
record
of
the
proposed
program
job
24
credits
under
each
agreement
for
each
fiscal
year.
Upon
25
receiving
a
copy
of
an
agreement,
the
authority
department
of
26
workforce
development
shall
allocate
any
available
amount
of
27
program
job
credits
to
the
community
college
according
to
the
28
agreement
sufficient
for
the
fiscal
year
and
for
the
term
of
29
the
agreement.
When
the
total
available
program
job
credits
30
are
allocated
for
a
fiscal
year,
the
authority
department
of
31
workforce
development
shall
notify
all
community
colleges
that
32
the
maximum
amount
has
been
allocated
and
that
further
program
33
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job
credits
will
not
be
available
for
the
remainder
of
the
34
fiscal
year.
Once
program
job
credits
have
been
allocated
to
35
a
community
college,
the
full
allocation
shall
be
received
by
1
the
community
college
throughout
the
fiscal
year
and
for
the
2
term
of
the
agreement
even
if
the
statewide
program
job
credit
3
maximum
amount
is
subsequently
allocated
and
used.
4
2.
For
the
fiscal
years
beginning
July
1,
2000,
and
5
July
1,
2001,
the
department
of
economic
development
shall
6
allocate
eighty
thousand
dollars
of
the
first
one
million
two
7
hundred
thousand
dollars
of
program
job
credits
authorized
and
8
available
for
that
fiscal
year
to
each
community
college.
This
9
allocation
shall
be
used
by
each
community
college
to
provide
10
funding
for
approved
programs.
For
the
fiscal
year
beginning
11
July
1,
2002
2023
,
and
for
every
fiscal
year
thereafter,
12
the
economic
development
authority
department
of
workforce
13
development
shall
divide
equally
among
the
community
colleges
14
thirty
percent
of
the
program
job
credits
available
for
that
15
fiscal
year
for
allocation
to
each
community
college
to
be
used
16
to
provide
funding
for
approved
programs.
If
any
portion
of
17
the
allocation
to
a
community
college
under
this
subsection
18
has
not
been
committed
by
April
1
of
the
fiscal
year
for
which
19
the
allocation
is
made,
the
uncommitted
portion
is
available
20
for
use
by
other
community
colleges.
Once
a
community
college
21
has
committed
its
allocation
for
any
fiscal
year
under
this
22
subsection
,
the
community
college
may
receive
additional
23
program
job
credit
allocations
from
those
program
job
credits
24
authorized
and
still
available
for
that
fiscal
year.
25
Sec.
2230.
Section
260G.4C,
Code
2023,
is
amended
to
read
26
as
follows:
27
260G.4C
Facilitator
Administration
and
reporting
.
28
The
economic
development
authority
department
of
workforce
29
development
shall
administer
the
statewide
allocations
of
30
program
job
credits
to
accelerated
career
education
programs.
31
The
authority
department
of
workforce
development
shall
provide
32
information
about
the
accelerated
career
education
programs
in
33
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accordance
with
its
annual
reporting
requirements
in
section
34
15.107B
to
the
general
assembly
annually
on
or
before
March
15
.
35
Sec.
2231.
Section
260G.6,
subsection
1,
Code
2023,
is
1
amended
to
read
as
follows:
2
1.
An
accelerated
career
education
fund
is
established
3
in
the
state
treasury
under
the
control
of
the
department
of
4
workforce
development
consisting
of
moneys
appropriated
to
the
5
fund
for
purposes
of
funding
the
cost
of
accelerated
career
6
education
program
capital
projects.
7
Sec.
2232.
TRANSITION
PROVISIONS.
8
1.
On
the
effective
date
of
this
division
of
this
Act,
9
all
unencumbered
and
unobligated
moneys
remaining
in
the
10
accelerated
career
education
fund
established
in
section
260G.6
11
shall
be
under
the
control
of
the
department
of
workforce
12
development.
13
2.
a.
All
agreements
entered
into
by
a
community
college
14
under
section
260G.3
prior
to
the
effective
date
of
this
15
division
of
this
Act
shall
be
valid
and
continue
as
provided
16
in
the
terms
of
the
agreement.
17
b.
Job
credits
shall
be
honored
per
an
agreement
entered
18
into
under
paragraph
“a”
that
includes
a
provision
for
program
19
job
credits.
20
OLDER
AMERICAN
COMMUNITY
SERVICE
EMPLOYMENT
PROGRAM
21
Sec.
2233.
Section
231.23A,
subsection
2,
Code
2023,
is
22
amended
by
striking
the
subsection.
23
Sec.
2234.
Section
231.51,
Code
2023,
is
amended
to
read
as
24
follows:
25
231.51
Older
American
community
service
employment
program.
26
1.
The
department
of
workforce
development
shall
direct
27
and
administer
the
older
American
community
service
employment
28
program
as
authorized
by
the
federal
Act
in
coordination
with
29
the
department
of
workforce
development
Older
Americans
Act
of
30
1965,
42
U.S.C.
§3001
et
seq.,
as
amended
.
31
2.
The
purpose
of
the
program
is
to
foster
individual
32
economic
self-sufficiency
and
to
increase
the
number
of
33
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participants
placed
in
unsubsidized
employment
in
the
public
34
and
private
sectors
while
maintaining
the
community
service
35
focus
of
the
program.
1
3.
Funds
appropriated
to
the
department
of
workforce
2
development
from
the
United
States
department
of
labor
shall
3
be
distributed
to
subgrantees
in
accordance
with
federal
4
requirements.
5
4.
The
department
of
workforce
development
shall
require
6
such
uniform
reporting
and
financial
accounting
by
subgrantees
7
as
may
be
necessary
to
fulfill
the
purposes
of
this
section
.
8
5.
The
older
American
community
service
employment
program
9
shall
be
coordinated
with
the
federal
Workforce
Innovation
and
10
Opportunity
Act
administered
by
the
department
of
workforce
11
development.
12
Sec.
2235.
REPEAL.
Section
231.53,
Code
2023,
is
repealed.
13
Sec.
2236.
CODE
EDITOR
DIRECTIVE.
14
1.
The
Code
editor
is
directed
to
make
the
following
15
transfer:
16
Section
231.51
to
section
84A.17.
17
2.
The
Code
editor
shall
correct
internal
references
in
the
18
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
19
enactment
of
this
section.
20
Sec.
2237.
TRANSITION
PROVISIONS.
On
the
effective
date
21
of
this
division
of
this
Act,
all
unencumbered
and
unobligated
22
moneys
remaining
in
any
account
or
fund
under
the
control
of
23
the
department
on
aging
and
relating
to
this
division
of
this
24
Act
shall
be
transferred
to
a
comparable
fund
or
account
under
25
the
control
of
the
department
of
workforce
development
for
26
purposes
of
this
division
of
this
Act.
Notwithstanding
section
27
8.33,
the
moneys
transferred
in
accordance
with
this
subsection
28
shall
not
revert
to
the
account
or
fund
from
which
the
moneys
29
are
appropriated
or
transferred.
30
VOCATIONAL
REHABILITATION
31
Sec.
2238.
Section
19B.2,
subsection
2,
Code
2023,
is
32
amended
to
read
as
follows:
33
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2.
It
is
the
policy
of
this
state
to
permit
special
34
appointments
by
bypassing
the
usual
testing
procedures
for
any
35
applicant
for
whom
the
division
of
vocational
rehabilitation
1
services
of
the
department
of
education
workforce
development
2
or
the
department
for
the
blind
has
certified
the
applicant’s
3
disability
and
competence
to
perform
the
job.
The
department
4
of
administrative
services,
in
cooperation
with
the
department
5
for
the
blind
and
the
division
of
vocational
rehabilitation
6
services,
shall
develop
appropriate
certification
procedures.
7
This
subsection
should
not
be
interpreted
to
bar
promotional
8
opportunities
for
persons
who
are
blind
or
persons
with
9
physical
or
mental
disabilities.
If
this
subsection
conflicts
10
with
any
other
provisions
of
this
chapter
,
the
provisions
of
11
this
subsection
govern.
12
Sec.
2239.
Section
84A.1,
subsection
4,
Code
2023,
is
13
amended
to
read
as
follows:
14
4.
The
department
of
workforce
development
shall
include
15
the
division
of
labor
services,
the
division
of
workers’
16
compensation,
vocational
rehabilitation
services,
and
other
17
divisions
as
appropriate.
18
Sec.
2240.
Section
84A.1A,
subsection
1,
paragraph
a,
19
subparagraph
(7),
Code
2023,
is
amended
to
read
as
follows:
20
(7)
The
administrator
of
the
division
of
Iowa
vocational
21
rehabilitation
services
of
the
department
of
education
22
workforce
development
or
the
administrator’s
designee.
23
Sec.
2241.
Section
84A.4,
subsection
2,
paragraph
b,
24
subparagraph
(4),
subparagraph
division
(a),
subparagraph
25
subdivision
(iii),
Code
2023,
is
amended
to
read
as
follows:
26
(iii)
The
members
shall
include
at
least
one
appropriate
27
representative
of
the
programs
carried
out
under
Tit.
I
of
28
the
federal
Rehabilitation
Act
of
1973,
as
codified
at
29
29
U.S.C.
§720
et
seq.,
relating
to
vocational
rehabilitation
30
services,
excluding
29
U.S.C.
§732
and
741,
serving
the
local
31
workforce
development
area
and
nominated
by
the
administrator
32
of
the
division
of
vocational
rehabilitation
services
of
the
33
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department
of
education
workforce
development
or
director
of
34
the
department
for
the
blind,
as
appropriate.
35
Sec.
2242.
Section
85.70,
subsection
1,
Code
2023,
is
1
amended
to
read
as
follows:
2
1.
An
employee
who
has
sustained
an
injury
resulting
3
in
permanent
partial
or
permanent
total
disability,
for
4
which
compensation
is
payable
under
this
chapter
other
than
5
an
injury
to
the
shoulder
compensable
pursuant
to
section
6
85.34,
subsection
2
,
paragraph
“n”
,
and
who
cannot
return
7
to
gainful
employment
because
of
such
disability,
shall
upon
8
application
to
and
approval
by
the
workers’
compensation
9
commissioner
be
entitled
to
a
one
hundred
dollar
weekly
10
payment
from
the
employer
in
addition
to
any
other
benefit
11
payments,
during
each
full
week
in
which
the
employee
is
12
actively
participating
in
a
vocational
rehabilitation
program
13
recognized
by
the
vocational
rehabilitation
services
division
14
of
the
department
of
education
workforce
development
.
The
15
workers’
compensation
commissioner’s
approval
of
such
16
application
for
payment
may
be
given
only
after
a
careful
17
evaluation
of
available
facts,
and
after
consultation
with
the
18
employer
or
the
employer’s
representative.
Judicial
review
19
of
the
decision
of
the
workers’
compensation
commissioner
20
may
be
obtained
in
accordance
with
the
terms
of
the
Iowa
21
administrative
procedure
Act,
chapter
17A
,
and
in
section
22
86.26
.
Such
additional
benefit
payment
shall
be
paid
for
a
23
period
not
to
exceed
thirteen
consecutive
weeks
except
that
24
the
workers’
compensation
commissioner
may
extend
the
period
25
of
payment
not
to
exceed
an
additional
thirteen
weeks
if
the
26
circumstances
indicate
that
a
continuation
of
training
will
in
27
fact
accomplish
rehabilitation.
28
Sec.
2243.
Section
256.1,
subsection
1,
paragraph
d,
Code
29
2023,
is
amended
by
striking
the
paragraph.
30
Sec.
2244.
Section
256.35A,
subsection
2,
paragraph
b,
Code
31
2023,
is
amended
to
read
as
follows:
32
b.
In
addition,
representatives
of
the
department
of
33
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education
workforce
development
,
the
division
of
vocational
34
rehabilitation
of
the
department
of
education
workforce
35
development
,
the
department
of
public
health,
the
department
of
1
human
services,
the
Iowa
developmental
disabilities
council,
2
the
division
of
insurance
of
the
department
of
commerce,
and
3
the
state
board
of
regents
shall
serve
as
ex
officio
members
4
of
the
advisory
council.
Ex
officio
members
shall
work
5
together
in
a
collaborative
manner
to
serve
as
a
resource
to
6
the
advisory
council.
The
council
may
also
form
workgroups
7
as
necessary
to
address
specific
issues
within
the
technical
8
purview
of
individual
members.
9
Sec.
2245.
Section
259.2,
Code
2023,
is
amended
to
read
as
10
follows:
11
259.2
Custodian
of
funds.
12
1.
The
treasurer
of
state
is
custodian
of
moneys
received
13
by
the
state
from
appropriations
made
by
the
Congress
of
the
14
United
States
for
the
vocational
rehabilitation
of
individuals
15
with
disabilities,
and
may
receive
and
provide
for
the
proper
16
custody
of
the
moneys
and
make
disbursement
of
them
the
moneys
17
upon
the
requisition
of
the
director
of
the
department
of
18
education
workforce
development
.
19
2.
The
treasurer
of
state
is
appointed
custodian
of
moneys
20
paid
by
the
federal
government
to
the
state
for
the
purpose
of
21
carrying
out
the
agreement
relative
to
making
determinations
22
of
disability
under
Tit.
II
and
Tit.
XVI
of
the
federal
Social
23
Security
Act
as
amended,
42
U.S.C.
ch.
7,
and
may
receive
the
24
moneys
and
make
disbursements
of
them
the
moneys
upon
the
25
requisition
of
the
director
of
the
department
of
education
26
workforce
development
.
27
Sec.
2246.
Section
259.3,
Code
2023,
is
amended
to
read
as
28
follows:
29
259.3
Board
and
division
Division
of
vocational
30
rehabilitation
services
.
31
The
division
of
vocational
rehabilitation
services
32
is
established
in
the
department
of
education
workforce
33
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development
.
The
director
of
the
department
of
education
34
workforce
development
shall
cooperate
with
the
United
States
35
secretary
of
education
in
carrying
out
the
federal
law
cited
1
in
sections
259.1
and
259.2
providing
for
the
vocational
2
rehabilitation
of
individuals
with
disabilities.
The
state
3
board
of
education
shall
adopt
rules
under
chapter
17A
for
the
4
administration
of
this
chapter
.
5
Sec.
2247.
Section
259.5,
Code
2023,
is
amended
to
read
as
6
follows:
7
259.5
Report
to
governor.
8
The
division
of
vocational
rehabilitation
services
shall
9
report
biennially
to
the
governor
the
condition
of
vocational
10
rehabilitation
within
the
state,
designating
the
educational
11
institutions,
establishments,
plants,
factories,
and
other
12
agencies
in
which
training
is
being
given,
and
include
a
13
detailed
statement
of
expenditures
of
the
state
and
federal
14
funds
in
the
rehabilitation
of
individuals
with
disabilities.
15
Sec.
2248.
Section
259.6,
Code
2023,
is
amended
to
read
as
16
follows:
17
259.6
Gifts
and
donations.
18
The
division
of
vocational
rehabilitation
services
may
19
receive
gifts
and
donations
from
either
public
or
private
20
sources
offered
unconditionally
or
under
conditions
related
to
21
the
vocational
rehabilitation
of
individuals
with
disabilities
22
that
are
consistent
with
this
chapter
.
23
Sec.
2249.
Section
259.7,
Code
2023,
is
amended
to
read
as
24
follows:
25
259.7
Fund.
26
All
the
moneys
received
as
gifts
or
donations
shall
be
27
deposited
in
the
state
treasury
and
shall
constitute
a
28
permanent
fund
to
be
called
the
special
fund
for
the
vocational
29
rehabilitation
of
individuals
with
disabilities,
to
be
used
30
by
the
director
of
the
department
of
education
workforce
31
development
in
carrying
out
the
provisions
of
this
chapter
or
32
for
related
purposes.
33
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Sec.
2250.
Section
259.8,
Code
2023,
is
amended
to
read
as
34
follows:
35
259.8
Report
of
gifts.
1
A
full
report
of
all
gifts
and
donations
offered
and
2
accepted,
together
with
the
names
of
the
donors
name
of
each
3
donor
and
the
respective
amounts
amount
contributed
by
each
4
donor
,
and
all
disbursements
from
the
special
fund
for
the
5
vocational
rehabilitation
of
individuals
with
disabilities
6
shall
be
submitted
at
call
or
biennially
to
the
governor
of
the
7
state
by
the
division
department
of
workforce
development
.
8
Sec.
2251.
NEW
SECTION
.
259.10
Rules.
9
The
department
of
workforce
development
shall
adopt
rules
10
under
chapter
17A
for
the
administration
of
this
chapter.
11
Sec.
2252.
CODE
EDITOR
DIRECTIVE.
12
1.
The
Code
editor
is
directed
to
make
the
following
13
transfers:
14
a.
Section
259.1
to
section
84G.1.
15
b.
Section
259.2
to
section
84G.2.
16
c.
Section
259.3
to
section
84G.3.
17
d.
Section
259.4
to
section
84G.4.
18
e.
Section
259.5
to
section
84G.5.
19
f.
Section
259.6
to
section
84G.6.
20
g.
Section
259.7
to
section
84G.7.
21
h.
Section
259.8
to
section
84G.8.
22
i.
Section
259.9
to
section
84G.9.
23
j.
Section
259.10
to
section
84G.10.
24
2.
The
Code
editor
shall
correct
internal
references
in
the
25
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
26
enactment
of
this
section.
27
Sec.
2253.
TRANSITION
PROVISION.
The
agreement
between
the
28
director
of
the
department
of
education
and
the
commissioner
of
29
the
United
States
social
security
administration
under
section
30
259.9
shall
remain
in
full
force
and
effect
until
amended,
31
repealed,
or
supplemented
by
the
United
States
social
security
32
administration
or
by
the
department
of
workforce
development.
33
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APPRENTICESHIP
TRAINING
PROGRAM
34
Sec.
2254.
Section
15.106A,
subsection
2,
paragraph
a,
Code
35
2023,
is
amended
to
read
as
follows:
1
a.
That
through
this
section
and
section
15.106B
,
the
2
authority
has
been
granted
broad
general
powers
and
specific
3
program
powers
over
all
of
the
authority’s
statutory
programs,
4
including
but
not
limited
to
the
programs
created
pursuant
to
5
chapters
15
,
15A
,
15B
,
15C
,
15E
,
and
15J
.
6
Sec.
2255.
Section
15B.2,
subsection
5,
Code
2023,
is
7
amended
by
striking
the
subsection.
8
Sec.
2256.
Section
15B.2,
Code
2023,
is
amended
by
adding
9
the
following
new
subsections:
10
NEW
SUBSECTION
.
6A.
“Department”
means
the
department
of
11
workforce
development.
12
NEW
SUBSECTION
.
9A.
“Targeted
industries”
means
the
13
industries
of
advanced
manufacturing,
biosciences,
and
14
information
technology.
15
Sec.
2257.
Section
15B.2,
subsection
7,
Code
2023,
is
16
amended
to
read
as
follows:
17
7.
“Financial
assistance”
means
assistance
provided
only
18
from
the
funds,
rights,
and
assets
legally
available
to
19
the
authority
department
and
includes
but
is
not
limited
to
20
assistance
in
the
forms
of
grants,
loans,
forgivable
loans,
and
21
royalty
payments.
22
Sec.
2258.
Section
15B.3,
subsections
1,
2,
3,
and
4,
Code
23
2023,
are
amended
to
read
as
follows:
24
1.
An
apprenticeship
training
program
fund
is
created
as
a
25
revolving
fund
in
the
state
treasury
under
the
control
of
the
26
authority
department
.
27
2.
The
fund
shall
consist
of
moneys
appropriated
for
28
purposes
of
the
apprenticeship
training
program,
and
any
other
29
moneys
lawfully
available
to
the
authority
department
for
30
purposes
of
this
chapter
.
31
3.
Moneys
in
the
fund
are
appropriated
to
the
authority
32
department
for
the
purposes
of
this
chapter
.
33
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4.
No
more
than
two
percent
of
the
total
moneys
deposited
34
in
the
fund
on
July
1
of
a
fiscal
year
is
appropriated
to
the
35
authority
department
for
the
purposes
of
administering
this
1
chapter
.
2
Sec.
2259.
Section
15B.3,
subsection
6,
Code
2023,
is
3
amended
by
striking
the
subsection.
4
Sec.
2260.
Section
15B.4,
subsection
1,
paragraph
a,
Code
5
2023,
is
amended
to
read
as
follows:
6
a.
An
apprenticeship
sponsor
or
lead
apprenticeship
7
sponsor
that
conducts
an
apprenticeship
program
that
is
8
registered
with
the
United
States
department
of
labor,
office
9
of
apprenticeship,
through
Iowa,
for
apprentices
who
will
10
be
employed
at
worksites
located
in
this
state
may
apply
to
11
the
authority
department
for
financial
assistance
under
this
12
section
if
the
apprenticeship
program
includes
a
minimum
of
one
13
hundred
contact
hours
per
apprentice
for
each
training
year
of
14
the
apprenticeship
program.
15
Sec.
2261.
Section
15B.4,
subsection
2,
unnumbered
16
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
17
The
authority
department
shall
provide
financial
assistance
18
in
the
form
of
training
grants
to
eligible
apprenticeship
19
sponsors
or
lead
apprenticeship
sponsors
in
the
following
20
manner:
21
Sec.
2262.
Section
15B.4,
subsection
3,
unnumbered
22
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
23
An
apprenticeship
sponsor
or
lead
apprenticeship
sponsor
24
seeking
financial
assistance
under
this
section
shall
provide
25
the
following
information
to
the
authority
department
:
26
Sec.
2263.
Section
15B.4,
subsection
3,
paragraph
e,
Code
27
2023,
is
amended
to
read
as
follows:
28
e.
Any
other
information
the
authority
department
reasonably
29
determines
is
necessary.
30
Sec.
2264.
Section
15B.4,
subsection
4,
Code
2023,
is
31
amended
to
read
as
follows:
32
4.
The
apprenticeship
sponsor
or
lead
apprenticeship
33
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sponsor
and
the
authority
department
shall
enter
into
an
34
agreement
regarding
the
provision
of
any
financial
assistance
35
to
the
apprenticeship
sponsor
or
lead
apprenticeship
sponsor.
1
Sec.
2265.
NEW
SECTION
.
15B.5
Rules.
2
The
department
shall
adopt
rules
to
administer
this
chapter.
3
Sec.
2266.
2021
Iowa
Acts,
chapter
45,
section
5,
is
amended
4
to
read
as
follows:
5
SEC.
5.
APPLICABILITY.
This
Act
applies
to
financial
6
assistance
provided
by
the
economic
development
authority
to
7
apprenticeship
sponsors
and
lead
apprenticeship
sponsors
that
8
apply
for
financial
assistance
on
or
after
July
1,
2021
,
and
on
9
or
before
June
30,
2023
.
10
Sec.
2267.
CODE
EDITOR
DIRECTIVE.
11
1.
The
Code
editor
is
directed
to
make
the
following
12
transfers:
13
a.
Section
15B.1
to
section
84D.1.
14
b.
Section
15B.2
to
section
84D.2.
15
c.
Section
15B.3
to
section
84D.3.
16
d.
Section
15B.4
to
section
84D.4.
17
e.
Section
15B.5
to
section
84D.5.
18
2.
The
Code
editor
shall
correct
internal
references
in
the
19
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
20
enactment
of
this
section.
21
Sec.
2268.
TRANSITION
PROVISION.
All
agreements
entered
22
into
by
an
apprenticeship
sponsor
or
lead
apprenticeship
23
sponsor
and
the
economic
development
authority
regarding
the
24
provision
of
any
financial
assistance
to
the
apprenticeship
25
sponsor
or
lead
apprenticeship
sponsor
prior
to
the
effective
26
date
of
this
division
of
this
Act
shall
be
valid
and
continue
27
as
provided
in
the
terms
of
the
agreement.
28
FUTURE
READY
IOWA
REGISTERED
APPRENTICESHIP
DEVELOPMENT
PROGRAM
29
Sec.
2269.
Section
15C.1,
subsection
1,
paragraph
f,
Code
30
2023,
is
amended
by
striking
the
paragraph
and
inserting
in
31
lieu
thereof
the
following:
32
f.
“Department”
means
the
department
of
workforce
33
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development.
34
Sec.
2270.
Section
15C.1,
subsection
1,
paragraphs
g
and
h,
35
Code
2023,
are
amended
to
read
as
follows:
1
g.
“Eligible
apprenticeable
occupation”
means
an
2
apprenticeable
occupation
identified
by
the
workforce
3
development
board
or
a
community
college
pursuant
to
section
4
84A.1B,
subsection
14
,
as
a
high-demand
job
,
after
consultation
5
with
the
authority
.
6
h.
“Financial
assistance”
means
assistance
provided
only
7
from
the
funds,
rights,
and
assets
legally
available
to
8
the
authority
department
and
includes
but
is
not
limited
9
to
assistance
in
the
form
of
a
reimbursement
grant
to
10
support
the
costs
associated
with
establishing
a
new
11
eligible
apprenticeable
occupation
or
an
additional
eligible
12
apprenticeable
occupation
in
an
applicant’s
apprenticeship
13
program.
14
Sec.
2271.
Section
15C.1,
subsection
2,
Code
2023,
is
15
amended
to
read
as
follows:
16
2.
Program
created.
Subject
to
an
appropriation
of
funds
17
by
the
general
assembly
for
this
purpose,
a
future
ready
Iowa
18
registered
apprenticeship
development
program
is
created
19
which
shall
be
administered
by
the
authority
department
.
The
20
purpose
of
the
program
is
to
provide
financial
assistance
to
21
incentivize
small
and
medium-sized
apprenticeship
sponsors
to
22
establish
new
or
additional
eligible
apprenticeable
occupations
23
in
the
apprenticeship
sponsor’s
apprenticeship
program
in
order
24
to
support
the
growth
of
apprenticeship
programs
and
expand
25
high-quality
work-based
learning
experiences
in
high-demand
26
fields
and
careers
for
persons
who
are
employed
in
eligible
27
apprenticeable
occupations
in
Iowa.
28
Sec.
2272.
Section
15C.1,
subsection
3,
unnumbered
29
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
30
An
apprenticeship
sponsor
may
apply
to
the
authority
31
department
,
on
forms
provided
by
the
authority
department
and
32
in
accordance
with
the
authority’s
department’s
instructions,
33
-1268-
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(2)
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1541
H.F.
662
to
receive
financial
assistance
under
the
program.
The
34
authority
department
shall
provide
upon
request
and
on
the
35
authority’s
department’s
internet
site
information
about
the
1
program,
the
application,
application
instructions,
and
the
2
application
period
established
each
year
for
funding
available
3
under
the
program.
The
application
shall
include
a
description
4
of
how
the
financial
assistance
awarded
under
this
section
5
would
be
used
to
establish
an
apprenticeship
program
or
add
new
6
or
additional
apprenticeable
occupations
to
the
apprenticeship
7
sponsor’s
apprenticeship
program
and
the
anticipated
program
8
expenses
identified
by
the
applicant.
9
Sec.
2273.
Section
15C.1,
subsection
3,
paragraph
a,
10
subparagraphs
(1)
and
(2),
Code
2023,
are
amended
to
read
as
11
follows:
12
(1)
Twenty
or
fewer
apprentices
are
registered
in
the
13
existing
apprenticeship
program
as
of
December
31
of
the
14
calendar
year
prior
to
the
date
the
authority
department
15
receives
the
apprenticeship
sponsor’s
application.
16
(2)
More
than
seventy
percent
of
the
applicant’s
17
apprentices
shall
be
are
residents
of
Iowa,
and
the
remainder
18
of
the
applicant’s
apprentices
shall
be
are
residents
of
states
19
contiguous
to
Iowa.
In
determining
the
number
of
apprentices
20
in
an
applicant’s
apprenticeship
program,
the
authority
21
department
may
calculate
the
average
number
of
apprentices
in
22
the
program
within
the
most
recent
two-year
period.
23
Sec.
2274.
Section
15C.1,
subsections
4
and
5,
Code
2023,
24
are
amended
to
read
as
follows:
25
4.
Rules.
The
authority
department
shall
adopt
rules
26
pursuant
to
chapter
17A
establishing
a
staff
review
and
27
application
approval
process,
application
scoring
criteria,
the
28
minimum
score
necessary
for
approval
of
financial
assistance,
29
procedures
for
notification
of
an
award
of
financial
30
assistance,
the
terms
of
agreement
between
the
apprenticeship
31
sponsor
and
the
authority
department
,
and
any
other
rules
32
deemed
necessary
for
the
implementation
and
administration
of
33
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this
section
.
34
5.
Agreement.
Prior
to
distributing
financial
assistance
35
under
this
section
,
the
authority
department
shall
enter
1
into
an
agreement
with
the
apprenticeship
sponsor
awarded
2
financial
assistance
in
accordance
with
this
section
,
and
the
3
financial
assistance
recipient
shall
confirm
the
expenses
for
4
establishing
the
program
or
adding
the
additional
occupations
5
as
identified
in
the
approved
application,
and
shall
meet
all
6
terms
established
by
the
authority
department
for
receipt
of
7
financial
assistance
under
this
section
.
8
Sec.
2275.
Section
15C.1,
subsection
6,
paragraph
b,
Code
9
2023,
is
amended
to
read
as
follows:
10
b.
Notwithstanding
section
8.33
,
moneys
appropriated
to
the
11
authority
department
by
the
general
assembly
for
purposes
of
12
this
section
that
remain
unencumbered
or
unobligated
at
the
13
end
of
the
fiscal
year
shall
not
revert
to
the
general
fund
14
but
shall
remain
available
for
expenditure
for
the
purposes
15
designated
in
subsequent
fiscal
years.
16
Sec.
2276.
CODE
EDITOR
DIRECTIVE.
17
1.
The
Code
editor
is
directed
to
make
the
following
18
transfer:
19
Section
15C.1
to
section
84E.1.
20
2.
The
Code
editor
shall
correct
internal
references
in
the
21
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
22
enactment
of
this
section,
including
references
to
chapter
15C.
23
Sec.
2277.
TRANSITION
PROVISION.
All
agreements
entered
24
into
by
an
apprenticeship
sponsor
and
the
economic
development
25
authority
under
section
15C.1,
subsection
5,
prior
to
the
26
effective
date
of
this
division
of
this
Act
shall
be
valid
and
27
continue
as
provided
in
the
terms
of
the
agreement.
28
FUTURE
READY
IOWA
EXPANDED
REGISTERED
APPRENTICESHIP
29
OPPORTUNITIES
PROGRAM
30
Sec.
2278.
Section
15C.2,
subsection
1,
paragraph
e,
Code
31
2023,
is
amended
by
striking
the
paragraph
and
inserting
in
32
lieu
thereof
the
following:
33
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e.
“Department”
means
the
department
of
workforce
34
development.
35
Sec.
2279.
Section
15C.2,
subsection
1,
paragraph
h,
Code
1
2023,
is
amended
to
read
as
follows:
2
h.
“Financial
assistance”
means
assistance
provided
only
3
from
the
funds,
rights,
and
assets
legally
available
to
4
the
authority
department
and
includes
but
is
not
limited
5
to
assistance
in
the
form
of
a
reimbursement
grant
of
one
6
thousand
dollars
per
apprentice
in
an
eligible
apprenticeable
7
occupation.
8
Sec.
2280.
Section
15C.2,
subsection
2,
Code
2023,
is
9
amended
to
read
as
follows:
10
2.
Program
created.
Subject
to
an
appropriation
of
funds
11
by
the
general
assembly
for
this
purpose,
a
future
ready
Iowa
12
expanded
registered
apprenticeship
opportunities
program
13
is
created
which
shall
be
administered
by
the
authority
14
department
.
The
purpose
of
the
program
is
to
provide
15
financial
assistance
to
encourage
apprenticeship
sponsors
of
16
apprenticeship
programs
with
twenty
or
fewer
apprentices
to
17
maintain
apprenticeship
programs
in
high-demand
occupations.
18
Sec.
2281.
Section
15C.2,
subsection
3,
unnumbered
19
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
20
An
eligible
apprenticeship
sponsor
may
apply
to
the
21
authority
department
,
on
forms
provided
by
the
authority
22
department
and
in
accordance
with
the
authority’s
department’s
23
instructions,
to
receive
financial
assistance
under
the
24
program.
The
authority
department
shall
provide
upon
request
25
and
on
the
authority’s
department’s
internet
site
information
26
about
the
program,
the
application,
application
instructions,
27
and
the
application
period
established
each
year
for
funding
28
available
under
the
program.
29
Sec.
2282.
Section
15C.2,
subsection
3,
paragraph
a,
30
subparagraphs
(1)
and
(2),
Code
2023,
are
amended
to
read
as
31
follows:
32
(1)
Twenty
or
fewer
apprentices
are
registered
in
the
33
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1541
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662
apprenticeship
program
as
of
December
31
of
the
calendar
34
year
prior
to
the
date
the
authority
department
receives
the
35
eligible
apprenticeship
sponsor’s
application.
1
(2)
More
than
seventy
percent
of
the
applicant’s
2
apprentices
are
residents
of
Iowa,
and
the
remainder
of
the
3
applicant’s
apprentices
are
residents
of
states
contiguous
4
to
Iowa.
In
determining
the
number
of
apprentices
in
an
5
applicant’s
apprenticeship
program,
the
authority
department
6
may
calculate
the
average
number
of
apprentices
in
the
program
7
within
the
most
recent
two-year
period.
8
Sec.
2283.
Section
15C.2,
subsections
4
and
5,
Code
2023,
9
are
amended
to
read
as
follows:
10
4.
Rules.
The
authority
department
shall
adopt
rules
11
pursuant
to
chapter
17A
establishing
a
staff
review
and
12
application
approval
process,
application
scoring
criteria,
the
13
minimum
score
necessary
for
approval
of
financial
assistance,
14
procedures
for
notification
of
an
award
of
financial
15
assistance,
the
terms
of
agreement
between
the
apprenticeship
16
sponsor
and
the
authority
department
,
and
any
other
rules
17
deemed
necessary
for
the
implementation
and
administration
of
18
this
section
.
19
5.
Agreement.
Prior
to
distributing
financial
assistance
20
under
this
section
,
the
authority
department
shall
enter
into
21
an
agreement
with
the
eligible
apprenticeship
sponsor
awarded
22
financial
assistance
in
accordance
with
this
section
,
and
23
the
financial
assistance
recipient
shall
confirm
the
number
24
of
apprentices
in
eligible
apprenticeable
occupations
as
25
identified
in
the
approved
application,
and
shall
meet
all
26
terms
established
by
the
authority
department
for
receipt
of
27
financial
assistance
under
this
section
.
28
Sec.
2284.
Section
15C.2,
subsection
7,
paragraph
b,
Code
29
2023,
is
amended
to
read
as
follows:
30
b.
Notwithstanding
section
8.33
,
moneys
appropriated
to
the
31
authority
department
by
the
general
assembly
for
purposes
of
32
this
section
that
remain
unencumbered
or
unobligated
at
the
33
-1272-
LSB
2073HV
(2)
90
ec/jh
1272/
1541
H.F.
662
end
of
the
fiscal
year
shall
not
revert
to
the
general
fund
34
but
shall
remain
available
for
expenditure
for
the
purposes
35
designated
in
subsequent
fiscal
years.
1
Sec.
2285.
CODE
EDITOR
DIRECTIVE.
2
1.
The
Code
editor
is
directed
to
make
the
following
3
transfer:
4
Section
15C.2
to
section
84E.2.
5
2.
The
Code
editor
shall
correct
internal
references
in
the
6
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
7
enactment
of
this
section,
including
references
to
chapter
15C.
8
Sec.
2286.
TRANSITION
PROVISION.
All
agreements
entered
9
into
by
an
apprenticeship
sponsor
and
the
economic
development
10
authority
under
section
15C.2,
subsection
5,
regarding
the
11
provision
of
any
financial
assistance
to
the
apprenticeship
12
sponsor
prior
to
the
effective
date
of
this
division
of
this
13
Act
shall
be
valid
and
continue
as
provided
in
the
terms
of
the
14
agreement.
15
EMPLOYMENT
AGENCIES
16
Sec.
2287.
Section
94A.1,
subsection
2,
Code
2023,
is
17
amended
to
read
as
follows:
18
2.
“Commissioner”
“Director”
means
the
labor
commissioner,
19
appointed
pursuant
to
section
91.2
,
director
of
the
department
20
of
workforce
development
or
the
labor
commissioner’s
director’s
21
designee.
22
Sec.
2288.
Section
94A.2,
Code
2023,
is
amended
to
read
as
23
follows:
24
94A.2
Licensing.
25
1.
An
employment
agency
shall
obtain
a
license
from
the
26
commissioner
director
prior
to
transacting
any
business.
27
Licenses
expire
on
June
30
of
each
year.
28
2.
A
license
application
shall
be
in
the
form
prescribed
by
29
the
commissioner
director
and
shall
be
accompanied
by
all
of
30
the
following:
31
a.
A
surety
company
bond
in
the
sum
of
thirty
thousand
32
dollars,
to
be
approved
by
the
commissioner
director
and
33
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conditioned
to
pay
any
damages
that
may
accrue
to
any
person
34
due
to
a
wrongful
act
or
violation
of
law
on
the
part
of
the
35
applicant
in
the
conduct
of
business.
1
b.
The
schedule
of
fees
to
be
charged
by
the
employment
2
agency.
3
c.
All
contract
forms
to
be
signed
by
an
employee.
4
d.
An
application
fee
of
seventy-five
dollars.
5
3.
The
commissioner
director
shall
grant
or
deny
a
license
6
within
thirty
days
from
the
filing
date
of
a
completed
7
application.
8
4.
The
commissioner
director
may
revoke,
suspend,
or
annul
a
9
license
in
accordance
with
chapter
17A
upon
good
cause
pursuant
10
to
rules
adopted
by
the
director
.
11
Sec.
2289.
Section
94A.4,
subsection
4,
paragraph
d,
Code
12
2023,
is
amended
to
read
as
follows:
13
d.
Charge
an
employee
any
fee
greater
than
the
fee
schedule
14
on
file
with
the
commissioner
director
without
prior
consent
15
of
the
commissioner
director
.
16
Sec.
2290.
Section
94A.5,
Code
2023,
is
amended
to
read
as
17
follows:
18
94A.5
Powers
and
duties
of
the
commissioner
director
.
19
1.
At
any
time,
the
commissioner
The
director
may
examine
20
the
records,
books,
and
any
papers
relating
to
the
conduct
and
21
operation
of
an
employment
agency
at
any
time
.
22
2.
The
commissioner
shall
adopt
rules
pursuant
to
chapter
23
17A
to
administer
this
chapter
.
24
Sec.
2291.
Section
94A.6,
Code
2023,
is
amended
to
read
as
25
follows:
26
94A.6
Violations.
27
1.
A
person
who
violates
a
provision
of
this
chapter
or
who
28
refuses
the
commissioner
director
access
to
records,
books,
and
29
papers
pursuant
to
an
examination
under
section
94A.5
shall
be
30
guilty
of
a
simple
misdemeanor.
31
2.
If
a
person
violates
a
provision
of
this
chapter
or
32
refuses
the
commissioner
director
access
to
records,
books,
33
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662
and
papers
pursuant
to
an
examination
under
section
94A.5
,
the
34
commissioner
director
shall
assess
a
civil
penalty
against
the
35
person
in
an
amount
not
greater
than
two
thousand
dollars.
1
Sec.
2292.
NEW
SECTION
.
94A.7
Rules.
2
1.
The
director
shall
adopt
rules
pursuant
to
chapter
17A
to
3
administer
this
chapter.
4
2.
The
director
may
establish
rules
pursuant
to
chapter
5
17A
to
assess
and
collect
interest
on
fees
and
penalties
owed
6
to
the
department
of
workforce
development.
The
director
may
7
delay
or,
following
written
notice,
deny
the
issuance
of
a
8
license,
if
the
applicant
for
the
license
owes
a
debt
to
the
9
department
of
workforce
development.
10
Sec.
2293.
CODE
EDITOR
DIRECTIVE.
11
1.
The
Code
editor
is
directed
to
make
the
following
12
transfers:
13
a.
Section
94A.1
to
section
84H.1.
14
b.
Section
94A.2
to
section
84H.2.
15
c.
Section
94A.3
to
section
84H.3.
16
d.
Section
94A.4
to
section
84H.4.
17
e.
Section
94A.5
to
section
84H.5.
18
f.
Section
94A.6
to
section
84H.6.
19
g.
Section
94A.7
to
section
84H.7.
20
2.
The
Code
editor
shall
correct
internal
references
in
the
21
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
22
enactment
of
this
section.
23
REPORTS
AND
RECORDS
24
Sec.
2294.
Section
91.12,
Code
2023,
is
amended
to
read
as
25
follows:
26
91.12
Reports
and
records
to
division
of
labor
services
.
27
1.
An
owner,
operator,
or
manager
of
every
factory,
28
mill,
workshop,
mine,
store,
railway,
business
house,
public
29
or
private
work,
or
any
other
establishment
where
labor
is
30
employed,
shall
submit
to
the
division
of
labor
services
31
department
of
workforce
development
reports
in
the
form
32
and
manner
prescribed
by
the
commissioner
director
of
the
33
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department
of
workforce
development
by
rule
,
for
the
purpose
of
34
compiling
labor
statistics.
The
owner,
operator,
or
business
35
manager
shall
submit
the
reports
within
sixty
days
from
receipt
1
of
notice,
and
shall
certify
under
oath
the
accuracy
of
the
2
reports.
For
purposes
of
this
section,
“factory”
,
“mill”
,
3
“workshop”
,
“mine”
,
“store”
,
“railway”
,
“business
house”
,
and
4
“public
or
private
work”
shall
mean
any
factory,
mill,
workshop,
5
mine,
store,
railway,
business
house,
or
public
or
private
work
6
where
wage
earners
are
employed
for
compensation.
7
2.
Notwithstanding
chapter
22
,
records
containing
submitted
8
under
subsection
1
that
contain
identifiable
financial
9
institution
or
credit
card
account
numbers
obtained
by
the
10
commissioner
shall
be
kept
confidential.
11
3.
a.
Any
officer
or
employee
of
the
department
of
12
workforce
development
who
makes
unlawful
use
of
a
report
13
submitted
under
subsection
1
shall
be
guilty
of
a
serious
14
misdemeanor.
15
b.
Any
person
who
has
access
to
a
report
submitted
under
16
subsection
1
who
makes
unlawful
use
of
the
report
shall
be
17
guilty
of
a
serious
misdemeanor.
18
c.
Any
owner,
operator,
or
manager
of
a
factory,
mill,
19
workshop,
mine,
store,
railway,
business
house,
or
public
or
20
private
work
who
fails
to
submit
the
report
required
under
21
subsection
1
shall
be
guilty
of
a
simple
misdemeanor.
22
4.
The
director
of
the
department
of
workforce
development
23
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
24
section.
25
Sec.
2295.
CODE
EDITOR
DIRECTIVE.
26
1.
The
Code
editor
is
directed
to
make
the
following
27
transfer:
28
Section
91.12
to
section
84A.18.
29
2.
The
Code
editor
shall
correct
internal
references
in
the
30
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
31
enactment
of
this
section.
32
ADULT
EDUCATION
33
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Sec.
2296.
NEW
SECTION
.
84A.19
Adult
education
and
literacy
34
programs.
35
1.
For
purposes
of
this
section,
unless
the
context
1
otherwise
requires:
2
a.
“Adult
education
and
literacy
programs”
means
adult
basic
3
education,
adult
education
leading
to
a
high
school
equivalency
4
diploma
under
chapter
259A,
English
as
a
second
language
5
instruction,
and
workplace
and
family
literacy
instruction.
6
b.
“Community
colleges”
means
the
same
as
defined
in
section
7
260C.2.
8
2.
The
department
of
workforce
development
and
community
9
colleges
shall
jointly
implement
adult
education
and
literacy
10
programs
to
assist
adults
and
youths
sixteen
years
of
age
and
11
older
who
are
not
in
school
in
obtaining
the
knowledge
and
12
skills
necessary
for
further
education,
work,
and
community
13
involvement.
14
3.
The
department
of
workforce
development,
in
consultation
15
with
community
colleges,
shall
prescribe
standards
for
adult
16
education
and
literacy
programs
including
but
not
limited
17
to
contextualized
and
integrated
instruction,
assessments,
18
instructor
qualification
and
professional
development,
data
19
collection
and
reporting,
and
performance
benchmarks.
20
4.
The
department
of
workforce
development,
in
consultation
21
with
community
colleges,
shall
adopt
rules
pursuant
to
chapter
22
17A
to
administer
this
section.
23
Sec.
2297.
Section
260C.50,
Code
2023,
is
amended
to
read
24
as
follows:
25
260C.50
Adult
education
and
literacy
programs
.
26
1.
For
purposes
of
this
section
,
“adult
education
and
27
literacy
programs
”
means
adult
basic
education,
adult
education
28
leading
to
a
high
school
equivalency
diploma
under
chapter
29
259A
,
English
as
a
second
language
instruction,
workplace
and
30
family
literacy
instruction,
or
integrated
basic
education
and
31
technical
skills
instruction.
32
2.
The
department
and
the
community
colleges
shall
jointly
33
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implement
adult
education
and
literacy
programs
to
assist
34
adults
and
youths
sixteen
years
of
age
and
older
who
are
not
35
in
school
in
obtaining
the
knowledge
and
skills
necessary
for
1
further
education,
work,
and
community
involvement.
2
3.
The
state
board,
in
consultation
with
the
community
3
colleges,
shall
prescribe
standards
for
adult
education
and
4
literacy
programs
including
but
not
limited
to
contextualized
5
and
integrated
instruction,
assessments,
instructor
6
qualification
and
professional
development,
data
collection
and
7
reporting,
and
performance
benchmarks.
8
4.
The
state
board,
in
consultation
with
the
community
9
colleges,
shall
adopt
rules
pursuant
to
chapter
17A
to
10
administer
this
section
.
11
DIVISION
XII
12
DEPARTMENT
OF
REVENUE
13
IOWA
LOTTERY
14
Sec.
2298.
Section
7E.6,
subsection
3,
Code
2023,
is
amended
15
to
read
as
follows:
16
3.
Any
position
of
membership
on
the
board
of
the
Iowa
17
lottery
authority
board
created
in
section
99G.8
shall
receive
18
compensation
of
fifty
dollars
per
day
and
expenses.
19
Sec.
2299.
Section
68B.35,
subsection
2,
paragraph
e,
Code
20
2023,
is
amended
to
read
as
follows:
21
e.
Members
of
the
state
banking
council,
the
Iowa
ethics
22
and
campaign
disclosure
board,
the
credit
union
review
board,
23
the
economic
development
authority,
the
employment
appeal
24
board,
the
environmental
protection
commission,
the
health
25
facilities
council,
the
Iowa
finance
authority,
the
Iowa
public
26
employees’
retirement
system
investment
board,
the
board
of
27
the
Iowa
lottery
authority
board
created
in
section
99G.8
,
the
28
natural
resource
commission,
the
board
of
parole,
the
petroleum
29
underground
storage
tank
fund
board,
the
public
employment
30
relations
board,
the
state
racing
and
gaming
commission,
the
31
state
board
of
regents,
the
transportation
commission,
the
32
office
of
consumer
advocate,
the
utilities
board,
the
Iowa
33
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telecommunications
and
technology
commission,
and
any
full-time
34
members
of
other
boards
and
commissions
as
defined
under
35
section
7E.4
who
receive
an
annual
salary
for
their
service
1
on
the
board
or
commission.
The
Iowa
ethics
and
campaign
2
disclosure
board
shall
conduct
an
annual
review
to
determine
3
if
members
of
any
other
board,
commission,
or
authority
should
4
file
a
statement
and
shall
require
the
filing
of
a
statement
5
pursuant
to
rules
adopted
pursuant
to
chapter
17A
.
6
Sec.
2300.
Section
99B.1,
subsection
22,
Code
2023,
is
7
amended
to
read
as
follows:
8
22.
“Merchandise”
means
goods
or
services
that
are
bought
9
and
sold
in
the
regular
course
of
business.
“Merchandise”
10
includes
lottery
tickets
or
shares
sold
or
authorized
under
11
chapter
99G
.
The
value
of
the
lottery
ticket
or
share
is
the
12
price
of
the
lottery
ticket
or
share
as
established
by
the
Iowa
13
lottery
authority
department
of
revenue
pursuant
to
chapter
14
99G
.
“Merchandise”
includes
a
gift
card
if
the
gift
card
is
not
15
redeemable
for
cash.
16
Sec.
2301.
Section
99G.1,
Code
2023,
is
amended
to
read
as
17
follows:
18
99G.1
Title.
19
This
chapter
may
be
cited
as
the
“Iowa
Lottery
Authority
20
Act”
.
21
Sec.
2302.
Section
99G.2,
subsection
2,
Code
2023,
is
22
amended
by
striking
the
subsection.
23
Sec.
2303.
Section
99G.3,
subsections
2
and
4,
Code
2023,
24
are
amended
by
striking
the
subsections.
25
Sec.
2304.
Section
99G.3,
Code
2023,
is
amended
by
adding
26
the
following
new
subsections:
27
NEW
SUBSECTION
.
1A.
“Administrator”
means
the
administrator
28
of
the
Iowa
lottery
appointed
pursuant
to
section
99G.5.
29
NEW
SUBSECTION
.
4A.
“Department”
means
the
department
of
30
revenue.
31
NEW
SUBSECTION
.
4B.
“Director”
means
the
director
of
the
32
department
of
revenue
or
the
director’s
designee.
33
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NEW
SUBSECTION
.
4C.
“Division”
means
the
Iowa
lottery
34
division
of
the
department
of
revenue.
35
Sec.
2305.
Section
99G.3,
subsections
3,
7,
14,
and
18,
Code
1
2023,
are
amended
to
read
as
follows:
2
3.
“Board”
means
the
board
of
directors
of
the
authority
3
Iowa
lottery
created
in
section
99G.8
.
4
7.
“Lottery”
,
“lotteries”
,
“lottery
game”
,
“lottery
games”
,
5
or
“lottery
products”
means
any
game
of
chance
approved
by
the
6
board
and
operated
pursuant
to
this
chapter
and
games
using
7
mechanical
or
electronic
devices,
provided
that
the
authority
8
division
shall
not
authorize
a
monitor
vending
machine
or
a
9
player-activated
gaming
machine
that
utilizes
an
internal
10
randomizer
to
determine
winning
and
nonwinning
plays
and
that
11
upon
random
internal
selection
of
a
winning
play
dispenses
12
coins,
currency,
or
a
ticket,
credit,
or
token
to
the
player
13
that
is
redeemable
for
cash
or
a
prize,
and
excluding
gambling
14
or
gaming
conducted
pursuant
to
chapter
99B
,
99D
,
or
99F
.
15
14.
“Retailer”
means
a
person
who
sells
lottery
tickets
16
or
shares
on
behalf
of
the
authority
division
pursuant
to
a
17
license
issued
by
the
authority
department
.
18
18.
“Vendor”
means
a
person
who
provides
or
proposes
to
19
provide
goods
or
services
to
the
authority
department
pursuant
20
to
a
major
procurement
contract,
but
does
not
include
an
21
employee
of
the
authority
department
under
this
chapter
,
a
22
retailer,
or
a
state
agency
or
instrumentality
thereof.
23
Sec.
2306.
Section
99G.3,
subsection
8,
Code
2023,
is
24
amended
by
striking
the
subsection.
25
Sec.
2307.
Section
99G.4,
Code
2023,
is
amended
to
read
as
26
follows:
27
99G.4
Iowa
lottery
authority
created.
28
1.
An
Iowa
lottery
authority
is
created
,
effective
29
September
1,
2003,
which
shall
administer
the
state
lottery
be
30
administered
by
the
division
.
The
authority
shall
be
deemed
to
31
be
a
public
authority
and
an
instrumentality
of
the
state,
and
32
not
a
state
agency.
However,
the
authority
shall
be
considered
33
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a
state
agency
for
purposes
of
chapters
17A
,
21
,
22
,
28E
,
68B
,
34
91B
,
97B
,
509A
,
and
669
.
35
2.
The
income
and
property
of
the
authority
department
under
1
this
chapter
shall
be
exempt
from
all
state
and
local
taxes,
2
and
the
sale
of
lottery
tickets
and
shares
issued
and
sold
by
3
the
authority
division
and
its
retail
licensees
shall
be
exempt
4
from
all
state
and
local
sales
taxes.
5
Sec.
2308.
Section
99G.5,
Code
2023,
is
amended
by
striking
6
the
section
and
inserting
in
lieu
thereof
the
following:
7
99G.5
Lottery
administrator.
8
1.
An
administrator
of
the
lottery
under
this
chapter
shall
9
be
appointed
by
the
governor
subject
to
confirmation
by
the
10
senate
and
shall
serve
at
the
pleasure
of
the
governor.
The
11
administrator
shall
be
qualified
by
training
and
experience
to
12
manage
a
lottery.
13
2.
The
salary
of
the
lottery
administrator
shall
be
set
by
14
the
governor
within
the
applicable
salary
range
established
by
15
the
general
assembly.
16
3.
The
lottery
administrator
shall
be
an
employee
of
the
17
department
and
shall
direct
the
day-to-day
operations
and
18
management
of
the
lottery
under
this
chapter
as
specified
by
19
the
director.
20
Sec.
2309.
Section
99G.6,
Code
2023,
is
amended
to
read
as
21
follows:
22
99G.6
Power
to
administer
oaths
and
take
testimony
——
23
subpoena.
24
The
chief
executive
officer
administrator
or
the
chief
25
executive
officer’s
administrator’s
designee
if
authorized
26
to
conduct
an
inquiry,
investigation,
or
hearing
under
27
this
chapter
may
administer
oaths
and
take
testimony
under
28
oath
relative
to
the
matter
of
inquiry,
investigation,
or
29
hearing.
At
a
hearing
ordered
by
the
chief
executive
officer
30
administrator
,
the
chief
executive
officer
administrator
or
the
31
designee
may
subpoena
witnesses
and
require
the
production
of
32
records,
paper,
or
documents
pertinent
to
the
hearing.
33
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Sec.
2310.
Section
99G.7,
subsection
1,
unnumbered
34
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
35
The
chief
executive
officer
of
the
authority
administrator
1
shall
direct
and
supervise
all
administrative
and
technical
2
activities
in
accordance
with
the
provisions
of
this
3
chapter
and
with
the
administrative
rules,
policies,
and
4
procedures
adopted
by
the
board.
The
chief
executive
officer
5
administrator
shall
do
all
of
the
following:
6
Sec.
2311.
Section
99G.7,
subsection
1,
paragraphs
b
and
c,
7
Code
2023,
are
amended
by
striking
the
paragraphs.
8
Sec.
2312.
Section
99G.7,
subsection
1,
paragraphs
d,
e,
f,
9
g,
and
i,
Code
2023,
are
amended
to
read
as
follows:
10
d.
Promote
or
provide
for
promotion
of
the
lottery
and
any
11
functions
related
to
the
authority
division
under
this
chapter
.
12
e.
Prepare
a
budget
for
the
approval
of
the
board
director
13
for
activities
of
the
division
under
this
chapter
.
14
f.
Require
bond
from
such
retailers
and
vendors
in
such
15
amounts
as
required
by
the
board
division
.
16
g.
Report
semiannually
to
the
general
assembly’s
standing
17
committees
on
government
oversight
regarding
the
operations
of
18
the
authority
division
.
19
i.
Perform
other
duties
generally
associated
with
a
chief
20
executive
officer
of
an
authority
of
an
entrepreneurial
nature
21
as
necessary
to
administer
this
chapter
.
22
Sec.
2313.
Section
99G.7,
subsections
2,
3,
and
4,
Code
23
2023,
are
amended
to
read
as
follows:
24
2.
The
chief
executive
officer
administrator
shall
conduct
25
an
ongoing
study
of
the
operation
and
administration
of
lottery
26
laws
similar
to
this
chapter
in
other
states
or
countries,
27
of
available
literature
on
the
subject,
of
federal
laws
and
28
regulations
which
may
affect
the
operation
of
the
lottery
29
and
of
the
reaction
of
citizens
of
this
state
to
existing
30
or
proposed
features
of
lottery
games
with
a
view
toward
31
implementing
improvements
that
will
tend
to
serve
the
purposes
32
of
this
chapter
.
33
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3.
The
chief
executive
officer
director
may
for
good
cause
34
suspend,
revoke,
or
refuse
to
renew
any
contract
entered
into
35
in
accordance
with
the
provisions
of
this
chapter
or
the
1
administrative
rules,
policies,
and
procedures
of
the
board.
2
4.
The
chief
executive
officer
or
the
chief
executive
3
officer’s
designee
administrator
or
the
administrator’s
4
designee
may
conduct
hearings
and
administer
oaths
to
persons
5
for
the
purpose
of
assuring
the
security
or
integrity
of
6
lottery
operations
or
to
determine
the
qualifications
of
or
7
compliance
by
vendors
and
retailers.
8
Sec.
2314.
Section
99G.8,
subsections
1,
4,
6,
and
13,
Code
9
2023,
are
amended
to
read
as
follows:
10
1.
The
authority
shall
be
administered
by
a
A
board
of
11
directors
comprised
of
five
members
appointed
by
the
governor
12
subject
to
confirmation
by
the
senate
is
created
within
the
13
department
.
Board
members
appointed
when
the
senate
is
not
14
in
session
shall
serve
only
until
the
end
of
the
next
regular
15
session
of
the
general
assembly,
unless
confirmed
by
the
16
senate.
17
4.
No
officer
or
employee
of
the
authority
department
shall
18
be
a
member
of
the
board.
19
6.
A
majority
of
members
in
office
shall
constitute
a
quorum
20
for
the
transaction
of
any
business
and
for
the
exercise
of
any
21
power
or
function
of
the
authority
board
.
22
13.
Board
members
shall
not
have
any
direct
or
indirect
23
interest
in
an
undertaking
that
puts
their
personal
interest
24
in
conflict
with
that
of
the
authority
department
under
this
25
chapter
including
but
not
limited
to
an
interest
in
a
major
26
procurement
contract
or
a
participating
retailer.
27
Sec.
2315.
Section
99G.8,
subsection
15,
Code
2023,
is
28
amended
by
striking
the
subsection.
29
Sec.
2316.
Section
99G.9,
unnumbered
paragraph
1,
Code
30
2023,
is
amended
to
read
as
follows:
31
The
board
shall
provide
the
chief
executive
officer
director
32
and
the
administrator
with
private-sector
perspectives
of
a
33
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large
marketing
enterprise.
The
board
shall
do
all
of
the
34
following:
35
Sec.
2317.
Section
99G.9,
subsections
1
and
5,
Code
2023,
1
are
amended
by
striking
the
subsections.
2
Sec.
2318.
Section
99G.9,
subsection
2,
Code
2023,
is
3
amended
to
read
as
follows:
4
2.
Approve,
disapprove,
amend,
or
modify
the
terms
of
major
5
lottery
procurements
recommended
by
the
chief
executive
officer
6
administrator
.
7
Sec.
2319.
Section
99G.9,
subsection
3,
unnumbered
8
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
9
Adopt
policies
and
procedures
and
promulgate
administrative
10
rules
pursuant
to
chapter
17A
relating
to
the
management
and
11
operation
of
the
authority
Iowa
lottery
.
The
administrative
12
rules
promulgated
pursuant
to
this
subsection
may
include
but
13
shall
not
be
limited
to
the
following:
14
Sec.
2320.
Section
99G.9,
subsection
3,
paragraph
c,
Code
15
2023,
is
amended
to
read
as
follows:
16
c.
The
number
and
amount
of
prizes,
including
but
not
17
limited
to
prizes
of
free
tickets
or
shares
in
lottery
games
18
conducted
by
the
authority
division
and
merchandise
prizes.
19
The
authority
division
shall
maintain
and
make
available
for
20
public
inspection
at
its
offices
during
regular
business
hours
21
a
detailed
listing
of
the
estimated
number
of
prizes
of
each
22
particular
denomination
that
are
expected
to
be
awarded
in
23
any
game
that
is
on
sale
or
the
estimated
odds
of
winning
the
24
prizes
and,
after
the
end
of
the
claim
period,
shall
maintain
25
and
make
available
a
listing
of
the
total
number
of
tickets
26
or
shares
sold
in
a
game
and
the
number
of
prizes
of
each
27
denomination
that
were
awarded.
28
Sec.
2321.
Section
99G.9,
subsection
3,
paragraph
j,
Code
29
2023,
is
amended
by
striking
the
paragraph.
30
Sec.
2322.
Section
99G.9,
subsection
4,
Code
2023,
is
31
amended
to
read
as
follows:
32
4.
Adopt
game
specific
rules.
The
promulgation
of
game
33
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specific
rules
shall
not
be
subject
to
the
requirements
of
34
chapter
17A
.
However,
game
specific
rules
shall
be
made
35
available
to
the
public
prior
to
the
time
the
games
go
on
1
sale
and
shall
be
kept
on
file
at
the
office
of
the
authority
2
division
.
3
Sec.
2323.
Section
99G.10,
Code
2023,
is
amended
by
striking
4
the
section
and
inserting
in
lieu
thereof
the
following:
5
99G.10
Lottery
personnel.
6
1.
An
employee
of
the
division
shall
not
have
a
financial
7
interest
in
any
vendor
doing
business
or
proposing
to
do
8
business
with
the
department
under
this
chapter.
However,
an
9
employee
may
own
shares
of
a
mutual
fund
which
may
hold
shares
10
of
a
vendor
corporation
provided
the
employee
does
not
have
the
11
ability
to
influence
the
investment
functions
of
the
mutual
12
fund.
13
2.
An
employee
of
the
division
with
decision-making
14
authority
under
this
chapter
shall
not
participate
in
any
15
decision
involving
a
retailer
with
whom
the
employee
has
a
16
financial
interest.
17
3.
A
background
investigation
shall
be
conducted
by
18
the
department
of
public
safety,
division
of
criminal
19
investigation,
on
each
applicant
who
has
reached
the
final
20
selection
process
prior
to
employment
by
the
department
under
21
this
chapter.
For
positions
not
designated
as
sensitive
by
the
22
department,
the
investigation
may
consist
of
a
state
criminal
23
history
background
check,
work
history,
and
financial
review.
24
The
department
shall
identify
those
sensitive
positions
of
25
the
division
which
require
full
background
investigations,
26
which
positions
shall
include,
at
a
minimum,
any
officer
of
27
the
division,
and
any
employee
with
operational
management
28
responsibilities,
security
duties,
or
system
maintenance
or
29
programming
responsibilities
related
to
the
division’s
data
30
processing
or
network
hardware,
software,
communication,
or
31
related
systems
under
this
chapter.
In
addition
to
a
work
32
history
and
financial
review,
a
full
background
investigation
33
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may
include
a
national
criminal
history
check
through
the
34
federal
bureau
of
investigation.
The
screening
of
employees
35
through
the
federal
bureau
of
investigation
shall
be
conducted
1
by
submission
of
fingerprints
through
the
state
criminal
2
history
repository
to
the
federal
bureau
of
investigation.
The
3
results
of
background
investigations
conducted
pursuant
to
this
4
section
shall
not
be
considered
public
records
under
chapter
5
22.
6
4.
A
person
who
has
been
convicted
of
a
felony
or
bookmaking
7
or
other
form
of
illegal
gambling
or
of
a
crime
involving
moral
8
turpitude
shall
not
be
employed
by
the
department
under
this
9
chapter.
10
5.
The
department
shall
bond
employees
with
access
to
Iowa
11
lottery
funds
or
lottery
revenue
under
this
chapter
in
such
12
an
amount
as
provided
by
the
department
and
may
bond
other
13
employees
under
this
chapter
as
deemed
necessary.
14
Sec.
2324.
Section
99G.11,
subsections
1,
2,
and
3,
Code
15
2023,
are
amended
to
read
as
follows:
16
1.
A
member
of
the
board,
any
officer,
or
other
employee
17
of
the
authority
division
shall
not
directly
or
indirectly,
18
individually,
as
a
member
of
a
partnership
or
other
19
association,
or
as
a
shareholder,
director,
or
officer
of
a
20
corporation
have
an
interest
in
a
business
that
contracts
for
21
the
operation
or
marketing
of
the
lottery
as
authorized
by
this
22
chapter
,
unless
the
business
is
controlled
or
operated
by
a
23
consortium
of
lotteries
in
which
the
authority
division
has
an
24
interest.
25
2.
Notwithstanding
the
provisions
of
chapter
68B
,
a
26
person
contracting
or
seeking
to
contract
with
the
state
to
27
supply
gaming
equipment
or
materials
for
use
in
the
operation
28
of
the
lottery,
an
applicant
for
a
license
to
sell
tickets
29
or
shares
in
the
lottery,
or
a
retailer
shall
not
offer
a
30
member
of
the
board,
any
officer,
or
other
employee
of
the
31
authority
division
,
or
a
member
of
their
immediate
family
a
32
gift,
gratuity,
or
other
thing
having
a
value
of
more
than
the
33
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limits
established
in
chapter
68B
,
other
than
food
and
beverage
34
consumed
at
a
meal.
For
purposes
of
this
subsection
,
“member
35
of
their
immediate
family”
means
a
spouse,
child,
stepchild,
1
brother,
brother-in-law,
stepbrother,
sister,
sister-in-law,
2
stepsister,
parent,
parent-in-law,
or
step-parent
of
the
board
3
member,
the
officer,
or
other
employee
who
resides
in
the
same
4
household
in
the
same
principal
residence
of
the
board
member,
5
officer,
or
other
employee.
6
3.
If
a
board
member,
officer,
or
other
employee
of
the
7
authority
division
violates
a
provision
of
this
section
,
the
8
board
member,
officer,
or
employee
shall
be
immediately
removed
9
from
the
office
or
position.
10
Sec.
2325.
Section
99G.12,
subsection
2,
paragraphs
a
and
b,
11
Code
2023,
are
amended
to
read
as
follows:
12
a.
The
self-service
kiosk
shall
be
owned
or
leased
by
the
13
authority
department
.
14
b.
The
self-service
kiosk
shall
only
be
located
in
a
retail
15
location
licensed
by
the
authority
division
pursuant
to
this
16
chapter
.
The
authority
division
shall
determine,
in
its
sole
17
discretion,
the
placement
of
the
self-service
kiosk.
18
Sec.
2326.
Section
99G.21,
subsections
1,
3,
4,
and
5,
Code
19
2023,
are
amended
to
read
as
follows:
20
1.
Funds
of
the
state
shall
not
be
used
or
obligated
to
pay
21
the
expenses
or
prizes
of
the
authority
department
under
this
22
chapter
.
23
3.
Notwithstanding
any
other
provision
of
law,
any
24
purchase
of
real
property
and
any
borrowing
of
more
than
one
25
million
dollars
by
the
authority
department
for
purposes
of
26
this
chapter
shall
require
written
notice
from
the
authority
27
department
to
the
general
assembly’s
standing
committees
on
28
government
oversight
and
the
prior
approval
of
the
executive
29
council.
30
4.
The
powers
enumerated
in
this
section
are
cumulative
of
31
and
in
addition
to
those
powers
enumerated
elsewhere
in
this
32
chapter
and
no
such
powers
limit
or
restrict
any
other
powers
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of
the
authority
department
under
this
chapter
.
34
5.
Departments,
boards,
commissions,
or
other
agencies
of
35
this
state
shall
provide
reasonable
assistance
and
services
to
1
the
authority
department
for
purposes
of
this
chapter
upon
the
2
request
of
the
chief
executive
officer
director
.
3
Sec.
2327.
Section
99G.21,
subsection
2,
unnumbered
4
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
5
The
authority
shall
have
any
and
all
powers
necessary
6
or
convenient
to
carry
out
and
effectuate
department,
in
7
carrying
out
the
purposes
and
provisions
of
this
chapter
which
8
are
not
in
conflict
with
the
Constitution
of
the
State
of
9
Iowa
,
including,
but
without
limiting
the
generality
of
the
10
foregoing,
shall
have
the
following
powers:
11
Sec.
2328.
Section
99G.21,
subsection
2,
paragraphs
h,
i,
l,
12
p,
and
q,
Code
2023,
are
amended
by
striking
the
paragraphs.
13
Sec.
2329.
Section
99G.22,
subsections
1,
3,
4,
and
6,
Code
14
2023,
are
amended
to
read
as
follows:
15
1.
The
authority
department
shall
investigate
the
financial
16
responsibility,
security,
and
integrity
of
any
lottery
system
17
vendor
who
is
a
finalist
in
submitting
a
bid,
proposal,
or
18
offer
as
part
of
a
major
procurement
contract.
Before
a
major
19
procurement
contract
is
awarded,
the
division
of
criminal
20
investigation
of
the
department
of
public
safety
shall
conduct
21
a
background
investigation
of
the
vendor
to
whom
the
contract
22
is
to
be
awarded.
The
chief
executive
officer
and
board
23
administrator
shall
consult
with
the
division
of
criminal
24
investigation
and
shall
provide
for
the
scope
of
the
background
25
investigation
and
due
diligence
to
be
conducted
in
connection
26
with
major
procurement
contracts.
At
the
time
of
submitting
27
a
bid,
proposal,
or
offer
to
the
authority
department
on
a
28
major
procurement
contract,
the
authority
shall
require
that
29
each
vendor
shall
be
required
to
submit
to
the
division
of
30
criminal
investigation
appropriate
investigation
authorization
31
to
facilitate
this
investigation,
together
with
an
advance
32
of
funds
to
meet
the
anticipated
investigation
costs.
If
33
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the
division
of
criminal
investigation
determines
that
34
additional
funds
are
required
to
complete
an
investigation,
35
the
vendor
will
be
so
advised.
The
background
investigation
1
by
the
division
of
criminal
investigation
may
include
a
2
national
criminal
history
check
through
the
federal
bureau
of
3
investigation.
The
screening
of
vendors
or
their
employees
4
through
the
federal
bureau
of
investigation
shall
be
conducted
5
by
submission
of
fingerprints
through
the
state
criminal
6
history
repository
to
the
federal
bureau
of
investigation.
7
3.
A
major
procurement
contract
shall
not
be
entered
into
8
with
any
lottery
system
vendor
who
has
not
complied
with
9
the
disclosure
requirements
described
in
this
section
,
and
10
any
contract
with
such
a
vendor
is
voidable
at
the
option
11
of
the
authority
.
Any
contract
with
a
vendor
that
does
not
12
comply
with
the
requirements
for
periodically
updating
such
13
disclosures
during
the
tenure
of
the
contract
as
may
be
14
specified
in
such
contract
may
be
terminated
by
the
authority
.
15
The
provisions
of
this
section
shall
be
construed
broadly
16
and
liberally
to
achieve
the
ends
of
full
disclosure
of
17
all
information
necessary
to
allow
for
a
full
and
complete
18
evaluation
by
the
authority
department
of
the
competence,
19
integrity,
background,
and
character
of
vendors
for
major
20
procurements.
21
4.
A
major
procurement
contract
shall
not
be
entered
into
22
with
any
vendor
who
has
been
found
guilty
of
a
felony
related
23
to
the
security
or
integrity
of
the
lottery
in
this
or
any
24
other
jurisdiction.
25
6.
If,
based
on
the
results
of
a
background
investigation,
26
the
board
department
determines
that
the
best
interests
of
27
the
authority
department
,
including
but
not
limited
to
the
28
authority’s
department’s
reputation
for
integrity,
would
be
29
served
thereby,
the
board
department
may
disqualify
a
potential
30
vendor
from
contracting
with
the
authority
department
for
a
31
major
procurement
contract
or
from
acting
as
a
subcontractor
in
32
connection
with
a
contract
for
a
major
procurement
contract.
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Sec.
2330.
Section
99G.22,
subsection
5,
Code
2023,
is
34
amended
by
striking
the
subsection.
35
Sec.
2331.
Section
99G.23,
Code
2023,
is
amended
to
read
as
1
follows:
2
99G.23
Vendor
bonding
,
and
tax
filing
,
and
competitive
3
bidding
.
4
1.
The
authority
may
purchase,
lease,
or
lease-purchase
5
such
goods
or
services
as
are
necessary
for
effectuating
the
6
purposes
of
this
chapter
.
The
authority
division
may
make
7
procurements
that
integrate
functions
such
as
lottery
game
8
design,
lottery
ticket
distribution
to
retailers,
supply
of
9
goods
and
services,
and
advertising.
In
all
procurement
10
decisions
under
this
chapter
,
the
authority
division
shall
11
take
into
account
the
particularly
sensitive
nature
of
the
12
lottery
and
shall
act
to
promote
and
ensure
security,
honesty,
13
fairness,
and
integrity
in
the
operation
and
administration
14
of
the
lottery
and
the
objectives
of
raising
net
proceeds
for
15
state
programs.
16
2.
Each
vendor
shall,
at
the
execution
of
the
contract
17
with
the
authority
division
,
post
a
performance
bond
or
letter
18
of
credit
from
a
bank
or
credit
provider
acceptable
to
the
19
authority
division
in
an
amount
as
deemed
necessary
by
the
20
authority
division
for
that
particular
bid
or
contract.
21
3.
Each
vendor
shall
be
qualified
to
do
business
in
this
22
state
and
shall
file
appropriate
tax
returns
as
provided
by
the
23
laws
of
this
state.
24
4.
All
major
procurement
contracts
must
be
competitively
25
bid
pursuant
to
policies
and
procedures
approved
by
the
board
26
unless
there
is
only
one
qualified
vendor
and
that
vendor
has
27
an
exclusive
right
to
offer
the
service
or
product.
28
Sec.
2332.
Section
99G.24,
Code
2023,
is
amended
to
read
as
29
follows:
30
99G.24
Retailer
compensation
——
licensing.
31
1.
The
general
assembly
recognizes
that
to
conduct
a
32
successful
lottery,
the
authority
department
must
develop
and
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maintain
a
statewide
network
of
lottery
retailers
that
will
34
serve
the
public
convenience
and
promote
the
sale
of
tickets
35
or
shares
and
the
playing
of
lottery
games
while
ensuring
the
1
integrity
of
the
lottery
operations,
games,
and
activities.
2
2.
The
board
shall
determine
the
compensation
to
be
paid
3
to
licensed
retailers.
Compensation
may
include
provision
4
for
variable
payments
based
on
sales
volume
or
incentive
5
considerations.
6
3.
The
authority
department
shall
issue
a
license
7
certificate
to
each
person
with
whom
it
contracts
as
a
retailer
8
for
purposes
of
display
as
provided
in
this
section
.
Every
9
lottery
retailer
shall
post
its
license
certificate,
or
a
10
facsimile
thereof,
and
keep
it
conspicuously
displayed
in
a
11
location
on
the
premises
accessible
to
the
public.
No
license
12
shall
be
assignable
or
transferable.
Once
issued,
a
license
13
shall
remain
in
effect
until
canceled,
suspended,
or
terminated
14
by
the
authority
department
.
15
4.
A
licensee
under
this
section
shall
cooperate
with
the
16
authority
department
by
using
point-of-purchase
materials,
17
posters,
and
other
marketing
material
when
requested
to
do
so
18
by
the
authority
department
.
Lack
of
cooperation
is
sufficient
19
cause
for
revocation
of
a
retailer’s
license.
20
5.
The
board
shall
develop
a
list
of
objective
criteria
upon
21
which
the
qualification
of
lottery
retailers
shall
be
based.
22
Separate
criteria
shall
be
developed
to
govern
the
selection
23
of
retailers
of
instant
tickets
and
on-line
retailers.
In
24
developing
these
criteria,
the
board
shall
consider
such
25
factors
as
the
applicant’s
financial
responsibility,
security
26
of
the
applicant’s
place
of
business
or
activity,
accessibility
27
to
the
public,
integrity,
and
reputation.
The
criteria
shall
28
include
but
not
be
limited
to
the
volume
of
expected
sales
29
and
the
sufficiency
of
existing
licensees
to
serve
the
public
30
convenience.
31
6.
The
applicant
shall
be
current
in
filing
all
applicable
32
tax
returns
to
the
state
of
Iowa
and
in
payment
of
all
taxes,
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interest,
and
penalties
owed
to
the
state
of
Iowa,
excluding
34
items
under
formal
appeal
pursuant
to
applicable
statutes.
The
35
department
of
revenue
is
authorized
and
directed
to
provide
1
this
information
to
the
authority
those
employees
of
the
2
division
designated
to
receive
this
information
.
3
7.
A
person,
partnership,
unincorporated
association,
4
authority,
or
other
business
entity
shall
not
be
selected
as
5
a
lottery
retailer
if
the
person
or
entity
meets
any
of
the
6
following
conditions:
7
a.
Has
been
convicted
of
a
criminal
offense
related
to
8
the
security
or
integrity
of
the
lottery
in
this
or
any
other
9
jurisdiction.
10
b.
Has
been
convicted
of
any
illegal
gambling
activity,
11
false
statements,
perjury,
fraud,
or
a
felony
in
this
or
any
12
other
jurisdiction.
13
c.
Has
been
found
to
have
violated
the
provisions
of
14
this
chapter
or
any
regulation,
policy,
or
procedure
of
15
the
authority
or
of
the
lottery
division
unless
either
ten
16
years
have
passed
since
the
violation
or
the
board
finds
the
17
violation
both
minor
and
unintentional
in
nature.
18
d.
Is
a
vendor
or
any
employee
or
agent
of
any
vendor
doing
19
business
with
the
authority
department
under
this
chapter
or
20
the
division
.
21
e.
Resides
in
the
same
household
as
an
officer
of
the
22
authority
division
.
23
f.
Is
less
than
eighteen
years
of
age.
24
g.
Does
not
demonstrate
financial
responsibility
sufficient
25
to
adequately
meet
the
requirements
of
the
proposed
enterprise.
26
h.
Has
not
demonstrated
that
the
applicant
is
the
true
27
owner
of
the
business
proposed
to
be
licensed
and
that
all
28
persons
holding
at
least
a
ten
percent
ownership
interest
in
29
the
applicant’s
business
have
been
disclosed.
30
i.
Has
knowingly
made
a
false
statement
of
material
fact
to
31
the
authority
department
.
32
8.
Persons
applying
to
become
lottery
retailers
may
be
33
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charged
a
uniform
application
fee
for
each
lottery
outlet.
34
9.
Any
lottery
retailer
contract
executed
pursuant
to
35
this
section
may,
for
good
cause,
be
suspended,
revoked,
or
1
terminated
by
the
chief
executive
officer
director
or
the
2
chief
executive
officer’s
director’s
designee
if
the
retailer
3
is
found
to
have
violated
any
provision
of
this
chapter
4
or
objective
criteria
established
by
the
board.
Cause
for
5
suspension,
revocation,
or
termination
may
include,
but
is
not
6
limited
to,
sale
of
tickets
or
shares
to
a
person
under
the
7
age
of
twenty-one
and
failure
to
pay
for
lottery
products
in
a
8
timely
manner.
9
Sec.
2333.
Section
99G.25,
Code
2023,
is
amended
to
read
as
10
follows:
11
99G.25
License
not
assignable.
12
Any
lottery
retailer
license
certificate
or
contract
shall
13
not
be
transferable
or
assignable.
The
authority
department
14
may
issue
a
temporary
license
when
deemed
in
the
best
interests
15
of
the
state.
A
lottery
retailer
shall
not
contract
with
any
16
person
for
lottery
goods
or
services,
except
with
the
approval
17
of
the
board.
18
Sec.
2334.
Section
99G.26,
Code
2023,
is
amended
to
read
as
19
follows:
20
99G.26
Retailer
bonding.
21
The
authority
department
may
require
any
retailer
to
post
an
22
appropriate
bond,
as
determined
by
the
authority
department
,
23
using
a
cash
bond
or
an
insurance
company
acceptable
to
the
24
authority
department
.
25
Sec.
2335.
Section
99G.27,
Code
2023,
is
amended
to
read
as
26
follows:
27
99G.27
Lottery
retail
licenses
——
cancellation,
suspension,
28
revocation,
or
termination.
29
1.
A
lottery
retail
license
issued
by
the
authority
30
department
pursuant
to
this
chapter
may
be
canceled,
suspended,
31
revoked,
or
terminated
by
the
authority
department
for
reasons
32
including
,
but
not
limited
to
,
any
of
the
following:
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a.
A
violation
of
this
chapter
,
a
regulation,
or
a
policy
or
34
procedure
of
the
authority
division
.
35
b.
Failure
to
accurately
or
timely
account
or
pay
for
1
lottery
products,
lottery
games,
revenues,
or
prizes
as
2
required
by
the
authority
division
.
3
c.
Commission
of
any
fraud,
deceit,
or
misrepresentation.
4
d.
Insufficient
sales.
5
e.
Conduct
prejudicial
to
public
confidence
in
the
lottery.
6
f.
The
retailer
filing
for
or
being
placed
in
bankruptcy
or
7
receivership.
8
g.
Any
material
change
as
determined
in
the
sole
discretion
9
of
the
authority
department
in
any
matter
considered
by
10
the
authority
department
in
executing
the
contract
with
the
11
retailer.
12
h.
Failure
to
meet
any
of
the
objective
criteria
established
13
by
the
authority
division
pursuant
to
this
chapter
.
14
i.
Other
conduct
likely
to
result
in
injury
to
the
property,
15
revenue,
or
reputation
of
the
authority
department
under
this
16
chapter
.
17
2.
A
lottery
retailer
license
may
be
temporarily
suspended
18
by
the
authority
department
without
prior
notice
if
the
19
chief
executive
officer
director
or
designee
determines
that
20
further
sales
by
the
licensed
retailer
are
likely
to
result
in
21
immediate
injury
to
the
property,
revenue,
or
reputation
of
the
22
authority
department
.
23
3.
The
board
shall
adopt
administrative
rules
governing
24
appeals
of
lottery
retailer
licensing
disputes.
25
Sec.
2336.
Section
99G.28,
Code
2023,
is
amended
to
read
as
26
follows:
27
99G.28
Proceeds
held
in
trust.
28
All
proceeds
from
the
sale
of
the
lottery
tickets
or
shares
29
shall
constitute
a
trust
fund
until
paid
to
the
authority
30
division
directly,
through
electronic
funds
transfer
to
the
31
authority
division
,
or
through
the
authority’s
division’s
32
authorized
collection
representative.
A
lottery
retailer
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and
officers
of
a
lottery
retailer’s
business
shall
have
a
34
fiduciary
duty
to
preserve
and
account
for
lottery
proceeds
and
35
lottery
retailers
shall
be
personally
liable
for
all
proceeds.
1
Proceeds
shall
include
unsold
products
received
but
not
paid
2
for
by
a
lottery
retailer
and
cash
proceeds
of
the
sale
of
any
3
lottery
products
net
of
allowable
sales
commissions
and
credit
4
for
lottery
prizes
paid
to
winners
by
lottery
retailers.
Sales
5
proceeds
of
pull-tab
tickets
shall
include
the
sales
price
6
of
the
lottery
product
net
of
allowable
sales
commission
and
7
prizes
contained
in
the
product.
Sales
proceeds
and
unused
8
instant
tickets
shall
be
delivered
to
the
authority
division
or
9
its
authorized
collection
representative
upon
demand.
10
Sec.
2337.
Section
99G.29,
Code
2023,
is
amended
to
read
as
11
follows:
12
99G.29
Retailer
rental
calculations
——
lottery
ticket
sales
13
treatment.
14
If
a
lottery
retailer’s
rental
payments
for
the
business
15
premises
are
contractually
computed,
in
whole
or
in
part,
on
16
the
basis
of
a
percentage
of
retail
sales
and
such
computation
17
of
retail
sales
is
not
explicitly
defined
to
include
sales
18
of
tickets
or
shares
in
a
state-operated
or
state-managed
19
lottery,
only
the
compensation
received
by
the
lottery
retailer
20
from
the
authority
department
may
be
considered
the
amount
of
21
the
lottery
retail
sale
for
purposes
of
computing
the
rental
22
payment.
23
Sec.
2338.
Section
99G.30,
Code
2023,
is
amended
to
read
as
24
follows:
25
99G.30
Ticket
sales
requirements
——
penalties.
26
1.
Lottery
tickets
or
shares
may
be
distributed
by
the
27
authority
division
for
promotional
purposes.
28
2.
A
ticket
or
share
shall
not
be
sold
at
a
price
other
29
than
that
fixed
by
the
authority
division
and
a
sale
shall
not
30
be
made
other
than
by
a
retailer
or
an
employee
of
the
retailer
31
who
is
authorized
by
the
retailer
to
sell
tickets
or
shares.
A
32
person
who
violates
a
provision
of
this
subsection
is
guilty
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of
a
simple
misdemeanor.
34
3.
A
ticket
or
share
shall
not
be
sold
to
a
person
who
has
35
not
reached
the
age
of
twenty-one.
Any
person
who
knowingly
1
sells
a
lottery
ticket
or
share
to
a
person
under
the
age
2
of
twenty-one
shall
be
guilty
of
a
simple
misdemeanor.
It
3
shall
be
an
affirmative
defense
to
a
charge
of
a
violation
4
under
this
section
that
the
retailer
reasonably
and
in
good
5
faith
relied
upon
presentation
of
proof
of
age
in
making
the
6
sale.
A
prize
won
by
a
person
who
has
not
reached
the
age
7
of
twenty-one
but
who
purchases
a
winning
ticket
or
share
in
8
violation
of
this
subsection
shall
be
forfeited.
This
section
9
does
not
prohibit
the
lawful
purchase
of
a
ticket
or
share
for
10
the
purpose
of
making
a
gift
to
a
person
who
has
not
reached
the
11
age
of
twenty-one.
The
board
shall
adopt
administrative
rules
12
governing
the
payment
of
prizes
to
persons
who
have
not
reached
13
the
age
of
twenty-one.
14
4.
Except
for
the
authority
department
,
a
retailer
shall
15
only
sell
lottery
products
on
the
licensed
premises
and
not
16
through
the
mail
or
by
technological
means
except
as
the
17
authority
department
may
provide
or
authorize.
18
5.
The
retailer
may
accept
payment
by
cash,
check,
money
19
order,
debit
card,
or
electronic
funds
transfer.
The
retailer
20
shall
not
extend
or
arrange
credit
for
the
purchase
of
a
ticket
21
or
share.
As
used
in
this
subsection
,
“cash”
means
United
22
States
currency.
23
6.
Nothing
in
this
chapter
shall
be
construed
to
prohibit
24
the
authority
department
from
designating
certain
of
its
25
agents
and
employees
to
sell
or
give
lottery
tickets
or
shares
26
directly
to
the
public.
27
7.
No
elected
official’s
name
shall
be
printed
on
tickets.
28
Sec.
2339.
Section
99G.31,
subsections
1
and
2,
Code
2023,
29
are
amended
to
read
as
follows:
30
1.
The
chief
executive
officer
administrator
shall
award
31
the
designated
prize
to
the
holder
of
the
ticket
or
share
upon
32
presentation
of
the
winning
ticket
or
confirmation
of
a
winning
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share.
The
prize
shall
be
given
to
only
one
person
as
provided
34
in
this
section
;
however,
a
prize
shall
be
divided
between
35
holders
of
winning
tickets
if
there
is
more
than
one
winning
1
ticket.
2
2.
The
authority
division
shall
only
pay
prizes
for
lottery
3
tickets
or
shares
that
the
authority
department
determines
were
4
legally
purchased,
legally
possessed,
and
legally
presented.
5
Sec.
2340.
Section
99G.31,
subsection
3,
unnumbered
6
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
7
The
authority
board
shall
adopt
administrative
rules,
8
policies,
and
procedures
to
establish
a
system
of
verifying
9
the
validity
of
tickets
or
shares
claimed
to
win
prizes
and
10
to
effect
payment
of
such
prizes,
subject
to
the
following
11
requirements:
12
Sec.
2341.
Section
99G.31,
subsection
3,
paragraphs
b,
d,
f,
13
g,
h,
and
i,
Code
2023,
are
amended
to
read
as
follows:
14
b.
A
prize
shall
not
be
paid
arising
from
claimed
tickets
15
that
are
stolen,
counterfeit,
altered,
fraudulent,
unissued,
16
produced
or
issued
in
error,
unreadable,
not
received,
or
17
not
recorded
by
the
authority
division
within
applicable
18
deadlines;
lacking
in
captions
that
conform
and
agree
with
the
19
play
symbols
as
appropriate
to
the
particular
lottery
game
20
involved;
or
not
in
compliance
with
such
additional
specific
21
administrative
rules,
policies,
and
public
or
confidential
22
validation
and
security
tests
of
the
authority
division
23
appropriate
to
the
particular
lottery
game
involved.
24
d.
Unclaimed
prize
money
for
the
prize
on
a
winning
ticket
25
or
share
shall
be
retained
for
a
period
deemed
appropriate
26
by
the
chief
executive
officer
administrator
,
subject
to
27
approval
by
the
board.
If
a
valid
claim
is
not
made
for
the
28
money
within
the
applicable
period,
the
unclaimed
prize
money
29
shall
be
added
to
the
pool
from
which
future
prizes
are
to
be
30
awarded
or
used
for
special
prize
promotions.
Notwithstanding
31
this
subsection
,
the
disposition
of
unclaimed
prize
money
from
32
multijurisdictional
games
shall
be
made
in
accordance
with
the
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rules
of
the
multijurisdictional
game.
34
f.
The
authority
division
is
discharged
of
all
liability
35
upon
payment
of
a
prize
pursuant
to
this
section
.
1
g.
No
ticket
or
share
issued
by
the
authority
division
2
shall
be
purchased
by
and
no
prize
shall
be
paid
to
any
member
3
of
the
board
of
directors;
any
officer
or
employee
of
the
4
authority
department
under
this
chapter
;
or
to
any
spouse,
5
child,
brother,
sister,
or
parent
residing
as
a
member
of
the
6
same
household
in
the
principal
place
of
residence
of
any
such
7
person.
8
h.
No
ticket
or
share
issued
by
the
authority
division
shall
9
be
purchased
by
and
no
prize
shall
be
paid
to
any
officer,
10
employee,
agent,
or
subcontractor
of
any
vendor
or
to
any
11
spouse,
child,
brother,
sister,
or
parent
residing
as
a
member
12
of
the
same
household
in
the
principal
place
of
residence
13
of
any
such
person
if
such
officer,
employee,
agent,
or
14
subcontractor
has
access
to
confidential
information
which
may
15
compromise
the
integrity
of
the
lottery.
16
i.
The
proceeds
of
any
lottery
prize
shall
be
subject
to
17
state
and
federal
income
tax
laws.
An
amount
deducted
from
the
18
prize
for
payment
of
a
state
tax,
pursuant
to
section
422.16,
19
subsection
1
,
shall
be
transferred
by
the
authority
to
the
20
department
of
revenue
on
behalf
of
the
prize
winner.
21
Sec.
2342.
Section
99G.32,
Code
2023,
is
amended
to
read
as
22
follows:
23
99G.32
Authority
Department
legal
representation
——
lottery
.
24
The
authority
department
shall
retain
the
services
of
legal
25
counsel
to
advise
the
authority
department
and
the
board
26
under
this
chapter
and
to
provide
representation
in
legal
27
proceedings.
The
authority
department
may
retain
the
attorney
28
general
or
a
full-time
assistant
attorney
general
in
that
29
capacity
and
provide
reimbursement
for
the
cost
of
advising
and
30
representing
the
board
and
the
authority
department
.
31
Sec.
2343.
Section
99G.33,
Code
2023,
is
amended
to
read
as
32
follows:
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99G.33
Law
enforcement
investigations.
34
The
department
of
public
safety,
division
of
criminal
35
investigation,
shall
be
the
primary
state
agency
responsible
1
for
investigating
criminal
violations
under
this
chapter
.
2
The
chief
executive
officer
director
shall
contract
with
3
the
department
of
public
safety
for
investigative
services,
4
including
the
employment
of
special
agents
and
support
5
personnel,
and
procurement
of
necessary
equipment
to
carry
out
6
the
responsibilities
of
the
division
of
criminal
investigation
7
under
the
terms
of
the
contract
and
this
chapter
.
8
Sec.
2344.
Section
99G.34,
unnumbered
paragraph
1,
Code
9
2023,
is
amended
to
read
as
follows:
10
The
records
of
the
authority
department
under
this
chapter
11
shall
be
governed
by
the
provisions
of
chapter
22
,
provided
12
that,
in
addition
to
records
that
may
be
kept
confidential
13
pursuant
to
section
22.7
,
the
following
records
shall
be
kept
14
confidential,
unless
otherwise
ordered
by
a
court,
by
the
15
lawful
custodian
of
the
records,
or
by
another
person
duly
16
authorized
to
release
such
information:
17
Sec.
2345.
Section
99G.34,
subsections
1,
4,
and
7,
Code
18
2023,
are
amended
to
read
as
follows:
19
1.
Marketing
plans,
research
data,
and
proprietary
20
intellectual
property
owned
or
held
by
the
authority
department
21
for
purposes
of
this
chapter
under
contractual
agreements.
22
4.
Security
records
pertaining
to
investigations
and
23
intelligence-sharing
information
between
lottery
security
24
officers
and
those
of
other
lotteries
and
law
enforcement
25
agencies,
the
security
portions
or
segments
of
lottery
26
requests
for
proposals,
proposals
by
vendors
to
conduct
27
lottery
operations,
and
records
of
the
security
division
of
28
the
authority
department
under
this
chapter
pertaining
to
game
29
security
data,
ticket
validation
tests,
and
processes.
30
7.
Security
reports
and
other
information
concerning
bids
31
or
other
contractual
data,
the
disclosure
of
which
would
impair
32
the
efforts
of
the
authority
department
to
contract
for
goods
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or
services
on
favorable
terms
under
this
chapter
.
34
Sec.
2346.
Section
99G.35,
Code
2023,
is
amended
to
read
as
35
follows:
1
99G.35
Security.
2
1.
The
authority’s
department’s
chief
security
officer
3
and
investigators
under
this
chapter
shall
be
qualified
by
4
training
and
experience
in
law
enforcement
to
perform
their
5
respective
duties
in
support
of
the
activities
of
the
security
6
office.
The
chief
security
officer
and
investigators
shall
not
7
have
sworn
peace
officer
status.
The
lottery
security
office
8
shall
perform
all
of
the
following
activities
in
support
of
the
9
authority
mission
of
the
department
under
this
chapter
:
10
a.
Supervise
ticket
or
share
validation
and
lottery
11
drawings,
provided
that
the
authority
department
may
enter
12
into
cooperative
agreements
with
multijurisdictional
lottery
13
administrators
for
shared
security
services
at
drawings
and
14
game
show
events
involving
more
than
one
participating
lottery.
15
b.
Inspect
at
times
determined
solely
by
the
authority
16
department
the
facilities
of
any
vendor
or
lottery
retailer
in
17
order
to
determine
the
integrity
of
the
vendor’s
product
or
the
18
operations
of
the
retailer
in
order
to
determine
whether
the
19
vendor
or
the
retailer
is
in
compliance
with
its
contract.
20
c.
Report
any
suspected
violations
of
this
chapter
to
21
the
appropriate
county
attorney
or
the
attorney
general
and
22
to
any
law
enforcement
agencies
having
jurisdiction
over
the
23
violation.
24
d.
Upon
request,
provide
assistance
to
any
county
attorney,
25
the
attorney
general,
the
department
of
public
safety,
or
any
26
other
law
enforcement
agency.
27
e.
Upon
request,
provide
assistance
to
retailers
in
meeting
28
their
licensing
contract
requirements
and
in
detecting
retailer
29
employee
theft.
30
f.
Monitor
authority
division
operations
for
compliance
with
31
internal
security
requirements.
32
g.
Provide
physical
security
at
the
authority’s
central
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operations
facilities
used
by
the
department
for
purposes
of
34
this
chapter
.
35
h.
Conduct
on-press
product
production
surveillance,
1
testing,
and
quality
approval
for
printed
scratch
and
pull-tab
2
tickets.
3
i.
Coordinate
employee
and
retailer
background
4
investigations
conducted
by
the
department
of
public
safety,
5
division
of
criminal
investigation.
6
2.
The
authority
department
may
enter
into
7
intelligence-sharing,
reciprocal
use,
or
restricted
use
8
agreements
for
purposes
of
this
chapter
with
the
federal
9
government,
law
enforcement
agencies,
lottery
regulation
10
agencies,
and
gaming
enforcement
agencies
of
other
11
jurisdictions
which
provide
for
and
regulate
the
use
of
12
information
provided
and
received
pursuant
to
the
agreement.
13
3.
Records,
documents,
and
information
in
the
possession
of
14
the
authority
department
received
under
this
chapter
pursuant
15
to
an
intelligence-sharing,
reciprocal
use,
or
restricted
16
use
agreement
entered
into
by
the
authority
department
with
17
a
federal
department
or
agency,
any
law
enforcement
agency,
18
or
the
lottery
regulation
or
gaming
enforcement
agency
of
any
19
jurisdiction
shall
be
considered
investigative
records
of
a
law
20
enforcement
agency
and
are
not
subject
to
chapter
22
and
shall
21
not
be
released
under
any
condition
without
the
permission
of
22
the
person
or
agency
providing
the
record
or
information.
23
Sec.
2347.
Section
99G.36,
subsection
5,
Code
2023,
is
24
amended
to
read
as
follows:
25
5.
No
person
shall
knowingly
or
intentionally
make
26
a
material
false
statement
in
any
lottery
prize
claim,
27
make
a
material
false
statement
in
any
application
for
a
28
license
or
proposal
to
conduct
lottery
activities,
or
make
a
29
material
false
entry
in
any
book
or
record
which
is
compiled
30
or
maintained
or
submitted
to
the
authority
or
the
board
31
department
pursuant
to
the
provisions
of
this
chapter
.
Any
32
person
who
violates
the
provisions
of
this
subsection
shall
be
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guilty
of
a
class
“D”
felony.
34
Sec.
2348.
Section
99G.37,
Code
2023,
is
amended
by
striking
35
the
section
and
inserting
in
lieu
thereof
the
following:
1
99G.37
Competitive
bidding.
2
All
procurement
contracts
under
this
chapter
must
be
3
competitively
bid
in
accordance
with
chapter
8A,
subchapter
4
III,
part
2.
Procurement
contracts
shall
take
into
5
consideration
the
greatest
integrity
for
the
Iowa
lottery.
6
In
any
bidding
process,
the
services
of
the
department
of
7
administrative
services
shall
be
utilized.
8
Sec.
2349.
Section
99G.38,
Code
2023,
is
amended
to
read
as
9
follows:
10
99G.38
Authority
Lottery
finance
——
self-sustaining.
11
1.
The
authority
department
may
borrow,
or
accept
and
12
expend,
in
accordance
with
the
provisions
of
this
chapter
,
such
13
moneys
as
may
be
received
from
any
source,
including
income
14
from
the
authority’s
department’s
operations,
for
effectuating
15
its
business
purposes
under
this
chapter
,
including
the
payment
16
of
the
initial
expenses
of
initiation,
administration,
and
17
operation
of
the
authority
department
under
this
chapter
and
18
the
lottery.
19
2.
The
authority
department
as
it
relates
to
the
lottery
20
shall
be
self-sustaining
and
self-funded.
Moneys
in
the
21
general
fund
of
the
state
shall
not
be
used
or
obligated
to
pay
22
the
expenses
of
the
authority
department
under
this
chapter
23
or
prizes
of
the
lottery,
and
no
claim
for
the
payment
of
an
24
expense
of
the
lottery
or
prizes
of
the
lottery
may
be
made
25
against
any
moneys
other
than
moneys
credited
to
the
authority
26
department
operating
account
pursuant
to
this
chapter
.
27
3.
The
state
of
Iowa
offset
program,
as
provided
in
section
28
8A.504
,
shall
be
available
to
the
authority
department
to
29
facilitate
receipt
of
funds
owed
to
the
authority
department
30
under
this
chapter
.
31
Sec.
2350.
Section
99G.39,
subsections
1
and
3,
Code
2023,
32
are
amended
to
read
as
follows:
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1.
Upon
receipt
of
any
revenue,
the
chief
executive
officer
34
director
shall
deposit
the
moneys
in
the
lottery
fund
created
35
pursuant
to
section
99G.40
.
At
least
fifty
percent
of
the
1
projected
annual
revenue
accruing
from
the
sale
of
tickets
2
or
shares
shall
be
allocated
for
payment
of
prizes
to
the
3
holders
of
winning
tickets.
After
the
payment
of
prizes,
the
4
expenses
of
conducting
the
lottery
shall
be
deducted
from
the
5
authority’s
department’s
revenue
under
this
chapter
prior
to
6
disbursement.
Expenses
for
advertising
production
and
media
7
purchases
shall
not
exceed
four
percent
of
the
authority’s
8
department’s
gross
revenue
under
this
chapter
for
the
year.
9
3.
Two
million
five
hundred
thousand
dollars
in
lottery
10
revenues
shall
be
transferred
each
fiscal
year
to
the
veterans
11
trust
fund
established
pursuant
to
section
35A.13
prior
to
12
deposit
of
the
lottery
revenues
in
the
general
fund
pursuant
13
to
section
99G.40
.
However,
if
the
balance
of
the
veterans
14
trust
fund
is
fifty
million
dollars
or
more,
the
moneys
shall
15
be
appropriated
to
the
department
of
revenue
for
distribution
16
to
county
directors
of
veteran
affairs,
with
fifty
percent
17
of
the
moneys
to
be
distributed
equally
to
each
county
and
18
fifty
percent
of
the
moneys
to
be
distributed
to
each
county
19
based
upon
the
population
of
veterans
in
the
county,
so
long
20
as
the
moneys
distributed
to
a
county
do
not
supplant
moneys
21
appropriated
by
that
county
for
the
county
director
of
veteran
22
affairs.
23
Sec.
2351.
Section
99G.39,
subsection
6,
paragraph
b,
Code
24
2023,
is
amended
to
read
as
follows:
25
b.
The
treasurer
of
state
shall,
each
quarter,
prepare
26
an
estimate
of
the
gaming
revenues
and
lottery
revenues
that
27
will
become
available
during
the
remainder
of
the
appropriate
28
fiscal
year
for
the
purposes
described
in
paragraph
“a”
.
The
29
department
of
management
and
the
department
of
revenue
shall
30
take
appropriate
actions
to
provide
that
the
amount
of
gaming
31
revenues
and
lottery
revenues
that
will
be
available
during
the
32
remainder
of
the
appropriate
fiscal
year
is
sufficient
to
cover
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any
anticipated
deficiencies.
34
Sec.
2352.
Section
99G.40,
Code
2023,
is
amended
to
read
as
35
follows:
1
99G.40
Audits
and
reports
——
lottery
fund.
2
1.
To
ensure
the
financial
integrity
of
the
lottery,
the
3
authority
department
shall
do
all
of
the
following:
4
a.
Submit
quarterly
and
annual
reports
to
the
governor,
5
state
auditor,
and
the
general
assembly
disclosing
the
total
6
lottery
revenues,
prize
disbursements,
and
other
expenses
7
of
the
authority
department
under
this
chapter
during
the
8
reporting
period.
The
fourth
quarter
report
shall
be
included
9
in
the
annual
report
made
pursuant
to
this
section
.
The
annual
10
report
shall
include
a
complete
statement
of
lottery
revenues,
11
prize
disbursements,
and
other
expenses,
and
recommendations
12
for
changes
in
the
law
that
the
chief
executive
officer
13
director
deems
necessary
or
desirable
for
purposes
of
this
14
chapter
.
The
annual
report
shall
be
submitted
within
one
15
hundred
twenty
days
after
the
close
of
the
fiscal
year.
The
16
chief
executive
officer
director
shall
report
immediately
to
17
the
governor,
the
treasurer
of
state,
and
the
general
assembly
18
any
matters
that
require
immediate
changes
in
the
law
in
order
19
to
prevent
abuses
or
evasions
of
this
chapter
or
rules
adopted
20
or
to
rectify
undesirable
conditions
in
connection
with
the
21
administration
or
operation
of
the
lottery.
22
b.
Maintain
weekly
or
more
frequent
records
of
lottery
23
transactions,
including
the
distribution
of
tickets
or
shares
24
to
retailers,
revenues
received,
claims
for
prizes,
prizes
25
paid,
prizes
forfeited,
and
other
financial
transactions
of
the
26
authority
department
under
this
chapter
.
27
c.
The
authority
department
shall
deposit
in
the
lottery
28
fund
created
in
subsection
2
any
moneys
received
by
retailers
29
from
the
sale
of
tickets
or
shares
less
the
amount
of
any
30
compensation
due
the
retailers.
The
chief
executive
officer
31
director
may
require
licensees
to
file
with
the
authority
32
department
reports
of
receipts
and
transactions
in
the
sale
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of
tickets
or
shares.
The
reports
shall
be
in
the
form
and
34
contain
the
information
the
chief
executive
officer
director
35
requires.
1
2.
A
lottery
fund
is
created
in
the
office
of
the
treasurer
2
of
state
and
shall
exist
as
the
recipient
fund
for
authority
3
department
receipts
under
this
chapter
.
The
fund
consists
4
of
all
revenues
received
from
the
sale
of
lottery
tickets
or
5
shares
and
all
other
moneys
lawfully
credited
or
transferred
6
to
the
fund.
The
chief
executive
officer
director
shall
7
certify
quarterly
that
portion
of
the
fund
that
has
been
8
transferred
to
the
general
fund
of
the
state
under
this
chapter
9
and
shall
cause
that
portion
to
be
transferred
to
the
general
10
fund
of
the
state.
However,
upon
the
request
of
the
chief
11
executive
officer
director
and
subject
to
the
approval
by
12
the
treasurer
of
state,
an
amount
sufficient
to
cover
the
13
foreseeable
administrative
expenses
of
the
lottery
for
a
period
14
of
twenty-one
days
may
be
retained
from
the
lottery
fund.
15
Prior
to
the
quarterly
transfer
to
the
general
fund
of
the
16
state,
the
chief
executive
officer
director
may
direct
that
17
lottery
revenue
shall
be
deposited
in
the
lottery
fund
and
in
18
interest-bearing
accounts
designated
by
the
treasurer
of
state.
19
Interest
or
earnings
paid
on
the
deposits
or
investments
is
20
considered
lottery
revenue
and
shall
be
transferred
to
the
21
general
fund
of
the
state
in
the
same
manner
as
other
lottery
22
revenue.
23
3.
The
chief
executive
officer
director
shall
certify
24
before
the
last
day
of
the
month
following
each
quarter
25
that
portion
of
the
lottery
fund
resulting
from
the
previous
26
quarter’s
sales
to
be
transferred
to
the
general
fund
of
the
27
state.
28
4.
For
informational
purposes
only,
the
chief
executive
29
officer
shall
submit
to
the
department
of
management
by
October
30
1
of
each
year
a
proposed
operating
budget
for
the
authority
31
for
the
succeeding
fiscal
year.
This
budget
proposal
shall
32
also
be
accompanied
by
an
estimate
of
the
net
proceeds
to
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be
deposited
into
the
general
fund
during
the
succeeding
34
fiscal
year.
This
budget
shall
be
on
forms
prescribed
by
the
35
department
of
management.
A
copy
of
the
information
required
1
to
be
submitted
to
the
department
of
management
pursuant
to
2
this
subsection
shall
be
submitted
to
the
general
assembly’s
3
standing
committees
on
government
oversight
and
the
legislative
4
services
agency
by
October
1
of
each
year.
5
5.
4.
The
authority
shall
adopt
the
same
fiscal
year
6
as
that
used
by
state
government
and
activities
of
the
7
division
shall
be
audited
annually
as
part
of
the
audit
of
8
the
department
by
the
auditor
of
state
or
a
certified
public
9
accounting
firm
appointed
by
the
auditor.
The
auditor
of
state
10
or
a
designee
conducting
an
audit
of
the
activities
of
the
11
division
under
this
chapter
shall
have
access
and
authority
to
12
examine
any
and
all
records
of
licensees
necessary
to
determine
13
compliance
with
this
chapter
and
the
rules
adopted
pursuant
to
14
this
chapter
.
The
cost
of
audits
and
examinations
conducted
15
by
the
auditor
of
state
or
a
designee
shall
be
paid
for
by
the
16
authority
as
provided
in
chapter
11
.
17
Sec.
2353.
Section
99G.41,
Code
2023,
is
amended
to
read
as
18
follows:
19
99G.41
Prize
offsets
——
garnishments.
20
1.
Any
claimant
agency
may
submit
to
the
authority
21
department
a
list
of
the
names
of
all
persons
indebted
to
such
22
claimant
agency
or
to
persons
on
whose
behalf
the
claimant
23
agency
is
acting.
The
full
amount
of
the
debt
shall
be
24
collectible
from
any
lottery
winnings
due
the
debtor
without
25
regard
to
limitations
on
the
amounts
that
may
be
collectible
26
in
increments
through
garnishment
or
other
proceedings.
Such
27
list
shall
constitute
a
valid
lien
upon
and
claim
of
lien
28
against
the
lottery
winnings
of
any
debtor
named
in
such
list.
29
The
list
shall
contain
the
names
of
the
debtors,
their
social
30
security
numbers
if
available,
and
any
other
information
that
31
assists
the
authority
department
in
identifying
the
debtors
32
named
in
the
list.
33
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2.
The
authority
department
is
authorized
and
directed
34
to
withhold
any
winnings
paid
out
directly
by
the
authority
35
department
subject
to
the
lien
created
by
this
section
and
1
send
notice
to
the
winner.
However,
if
the
winner
appears
2
and
claims
winnings
in
person,
the
authority
department
shall
3
notify
the
winner
at
that
time
by
hand
delivery
of
such
action.
4
The
authority
department
shall
pay
the
funds
over
to
the
agency
5
administering
the
offset
program.
6
3.
Notwithstanding
the
provisions
of
section
99G.34
7
which
prohibit
disclosure
by
the
authority
department
of
8
certain
portions
of
the
contents
of
prize
winner
records
or
9
information,
and
notwithstanding
any
other
confidentiality
10
statute,
the
authority
department
may
provide
to
a
claimant
11
agency
all
information
necessary
to
accomplish
and
effectuate
12
the
intent
of
this
section
.
13
4.
The
information
obtained
by
a
claimant
agency
from
14
the
authority
department
in
accordance
with
this
section
15
shall
retain
its
confidentiality
and
shall
only
be
used
by
a
16
claimant
agency
in
the
pursuit
of
its
debt
collection
duties
17
and
practices.
Any
employee
or
prior
employee
of
any
claimant
18
agency
who
unlawfully
discloses
any
such
information
for
any
19
other
purpose,
except
as
otherwise
specifically
authorized
by
20
law,
shall
be
subject
to
the
same
penalties
specified
by
law
21
for
unauthorized
disclosure
of
confidential
information
by
22
an
agent
or
employee
of
the
authority
department
under
this
23
chapter
.
24
5.
Except
as
otherwise
provided
in
this
chapter
,
25
attachments,
garnishments,
or
executions
authorized
and
issued
26
pursuant
to
law
shall
be
withheld
if
timely
served
upon
the
27
authority
department
.
28
6.
The
provisions
of
this
section
shall
only
apply
to
prizes
29
paid
directly
by
the
authority
department
and
shall
not
apply
30
to
any
retailers
authorized
by
the
board
department
to
pay
31
prizes
of
up
to
six
hundred
dollars
after
deducting
the
price
32
of
the
ticket
or
share.
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Sec.
2354.
Section
99G.42,
Code
2023,
is
amended
to
read
as
34
follows:
35
99G.42
Compulsive
gamblers
——
treatment
program
information.
1
The
authority
department
shall
cooperate
with
the
gambling
2
treatment
program
administered
by
the
Iowa
department
of
public
3
health
and
human
services
to
incorporate
information
regarding
4
the
gambling
treatment
program
and
its
toll-free
telephone
5
number
in
printed
materials
distributed
by
the
authority
6
department
pursuant
to
this
chapter
.
7
Sec.
2355.
IOWA
LOTTERY
——
TRANSITION
PROVISIONS.
8
1.
For
purposes
of
this
section,
unless
the
context
9
otherwise
requires:
10
a.
“Department”
means
the
department
of
revenue.
11
b.
“Iowa
lottery
authority”
means
the
Iowa
lottery
12
authority
established
pursuant
to
2003
Iowa
Acts,
chapter
178,
13
section
66.
14
2.
The
department
shall
be
the
legal
successor
to
the
15
Iowa
lottery
authority
and,
as
such,
shall
assume
all
rights,
16
privileges,
obligations,
and
responsibilities
of
the
Iowa
17
lottery
authority.
The
promulgated
rules
of
the
Iowa
lottery
18
authority
shall
remain
in
full
force
and
effect
as
the
rules
of
19
the
department
until
amended
or
repealed
by
the
department.
In
20
addition,
the
department
may
continue
the
security
practices
21
and
procedures
utilized
by
the
Iowa
lottery
authority
until
22
amended
or
repealed
by
the
department.
23
3.
At
12:01
a.m.
on
July
1,
2023,
the
department
shall
24
become
the
legal
successor
to
the
Iowa
lottery
authority.
25
4.
Personnel
of
the
Iowa
lottery
authority
employed
on
26
July
1,
2023,
shall
transition
to
the
department
as
department
27
employees
under
chapter
99G.
The
chief
executive
officer
28
of
the
Iowa
lottery
authority
on
July
1,
2023,
shall
be
the
29
lottery
administrator,
as
provided
in
this
Act,
on
that
date
30
without
the
requirement
to
be
reappointed
by
the
governor.
31
5.
The
department
shall
function
as
the
legal
successor
to
32
the
Iowa
lottery
authority
and
shall
assume
all
of
the
assets
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and
obligations
of
the
Iowa
lottery
authority,
and
funds
of
the
34
state
shall
not
be
used
or
obligated
to
pay
the
expenses
or
35
prizes
of
the
department
or
its
predecessor,
the
Iowa
lottery
1
authority.
2
6.
In
order
to
effect
an
immediate
and
efficient
transition
3
of
the
lottery
from
the
Iowa
lottery
authority
to
the
4
department,
as
soon
as
practicable,
the
department
shall
do
all
5
of
the
following:
6
a.
Take
such
steps
and
enter
into
such
agreements
as
7
the
director
of
the
department
may
determine
are
necessary
8
and
proper
in
order
to
effect
the
transfer,
assignment,
and
9
delivery
to
the
department
from
the
Iowa
lottery
authority
10
of
all
the
tangible
and
intangible
assets
constituting
the
11
lottery,
including
the
exclusive
right
to
operate
the
lottery
12
and
the
assignment
to
and
assumption
by
the
department
of
all
13
agreements,
covenants,
and
obligations
of
the
Iowa
lottery
14
authority
and
other
agencies
of
the
state,
relating
to
the
15
operation
and
management
of
the
lottery.
16
b.
Receive
as
transferee
from
the
Iowa
lottery
authority
all
17
of
the
tangible
and
intangible
assets
constituting
the
lottery
18
including,
without
limitation,
the
exclusive
authorization
19
to
operate
a
lottery
in
the
state
of
Iowa
and
ownership
of
20
annuities
and
bonds
purchased
prior
to
the
date
of
transfer
and
21
held
in
the
name
of
the
Iowa
lottery
for
payment
of
lottery
22
prizes,
and
shall
assume
and
discharge
all
of
the
agreements,
23
covenants,
and
obligations
of
the
Iowa
lottery
authority
24
entered
into
and
constituting
part
of
the
operation
and
25
management
of
the
lottery.
In
consideration
for
such
transfer
26
and
assumption,
the
department
shall
transfer
to
the
state
all
27
net
profits
of
the
department
under
chapter
99G,
at
such
times
28
and
subject
to
such
financial
transfer
requirements
as
are
29
provided
in
this
division
of
this
Act.
30
ALCOHOLIC
BEVERAGE
CONTROL
31
Sec.
2356.
Section
123.3,
subsections
1
and
19,
Code
2023,
32
are
amended
by
striking
the
subsections.
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Sec.
2357.
Section
123.3,
Code
2023,
is
amended
by
adding
34
the
following
new
subsections:
35
NEW
SUBSECTION
.
16A.
“Department”
means
the
department
of
1
revenue.
2
NEW
SUBSECTION
.
17A.
“Director”
means
the
director
of
the
3
department
of
revenue
or
the
director’s
designee.
4
Sec.
2358.
Section
123.3,
subsections
6,
14,
16,
26,
29,
30,
5
and
38,
Code
2023,
are
amended
to
read
as
follows:
6
6.
“Application”
means
a
written
request
for
the
issuance
7
of
a
permit,
license,
or
certificate
that
is
supported
by
a
8
verified
statement
of
facts
and
submitted
electronically,
or
in
9
a
manner
prescribed
by
the
administrator
director
.
10
14.
“Commercial
establishment”
means
a
place
of
business
11
which
is
at
all
times
equipped
with
sufficient
tables
and
12
seats
to
accommodate
twenty-five
persons
at
one
time,
and
13
the
licensed
premises
of
which
conform
to
the
standards
and
14
specifications
of
the
division
department
.
15
16.
“Completed
application”
means
an
application
where
all
16
necessary
fees
have
been
paid
in
full,
any
required
bonds
have
17
been
submitted,
the
applicant
has
provided
all
information
18
requested
by
the
division
department
,
and
the
application
19
meets
the
requirements
of
section
123.92,
subsection
2
,
if
20
applicable.
21
26.
The
terms
“in
accordance
with
the
provisions
of
this
22
chapter
”
,
“pursuant
to
the
provisions
of
this
title”
,
or
similar
23
terms
shall
include
all
rules
and
regulations
of
the
division
24
department
adopted
to
aid
in
the
administration
or
enforcement
25
of
those
provisions.
26
29.
“Licensed
premises”
or
“premises”
means
all
rooms,
27
enclosures,
contiguous
areas,
or
places
susceptible
of
precise
28
description
satisfactory
to
the
administrator
director
where
29
alcoholic
beverages,
wine,
or
beer
is
sold
or
consumed
under
30
authority
of
a
retail
alcohol
license,
wine
permit,
or
beer
31
permit.
A
single
licensed
premises
may
consist
of
multiple
32
rooms,
enclosures,
areas,
or
places
if
they
are
wholly
within
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the
confines
of
a
single
building
or
contiguous
grounds.
34
30.
“Local
authority”
means
the
city
council
of
any
35
incorporated
city
in
this
state,
or
the
county
board
of
1
supervisors
of
any
county
in
this
state,
which
is
empowered
by
2
this
chapter
to
approve
or
deny
applications
for
retail
alcohol
3
licenses;
empowered
to
recommend
that
such
licenses
be
granted
4
and
issued
by
the
division
department
;
and
empowered
to
take
5
other
actions
reserved
to
them
by
this
chapter
.
6
38.
“Permit”
or
“license”
means
an
express
written
7
authorization
issued
by
the
division
department
for
the
8
manufacture
or
sale,
or
both,
of
alcoholic
liquor,
wine,
or
9
beer.
10
Sec.
2359.
Section
123.3,
subsection
40,
paragraphs
a
and
d,
11
Code
2023,
are
amended
to
read
as
follows:
12
a.
The
person
has
such
financial
standing
and
good
13
reputation
as
will
satisfy
the
administrator
director
that
the
14
person
will
comply
with
this
chapter
and
all
laws,
ordinances,
15
and
regulations
applicable
to
the
person’s
operations
under
16
this
chapter
.
However,
the
administrator
director
shall
not
17
require
the
person
to
post
a
bond
to
meet
the
requirements
of
18
this
paragraph.
19
d.
The
person
has
not
been
convicted
of
a
felony.
However,
20
if
the
person’s
conviction
of
a
felony
occurred
more
than
21
five
years
before
the
date
of
the
application
for
a
license
22
or
permit,
and
if
the
person’s
rights
of
citizenship
have
23
been
restored
by
the
governor,
the
administrator
director
24
may
determine
that
the
person
is
of
good
moral
character
25
notwithstanding
such
conviction.
26
Sec.
2360.
Section
123.4,
Code
2023,
is
amended
by
striking
27
the
section
and
inserting
in
lieu
thereof
the
following:
28
123.4
Alcoholic
beverage
control.
29
The
department
of
revenue
shall
administer
and
enforce
the
30
laws
of
this
state
concerning
alcoholic
beverage
control.
31
Sec.
2361.
Section
123.5,
subsection
1,
Code
2023,
is
32
amended
to
read
as
follows:
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1.
An
alcoholic
beverages
commission
is
created
within
34
the
division
department
.
The
commission
is
composed
of
five
35
members,
not
more
than
three
of
whom
shall
belong
to
the
same
1
political
party.
2
Sec.
2362.
Section
123.6,
Code
2023,
is
amended
to
read
as
3
follows:
4
123.6
Commission
meetings.
5
The
commission
shall
meet
on
or
before
July
1
of
each
year
6
for
the
purpose
of
selecting
one
of
its
members
as
chairperson
7
for
the
succeeding
year.
The
commission
shall
otherwise
meet
8
quarterly
or
at
the
call
of
the
chairperson
or
administrator
9
director
or
when
three
members
file
a
written
request
for
a
10
meeting.
Written
notice
of
the
time
and
place
of
each
meeting
11
shall
be
given
to
each
member
of
the
commission.
A
majority
of
12
the
commission
members
shall
constitute
a
quorum.
13
Sec.
2363.
Section
123.7,
Code
2023,
is
amended
by
striking
14
the
section
and
inserting
in
lieu
thereof
the
following:
15
123.7
Duties
of
director.
16
The
director
shall
supervise
the
daily
operations
of
the
17
department
under
this
chapter
and
shall
execute
the
alcoholic
18
beverage
control
policies
of
the
department.
19
Sec.
2364.
Section
123.8,
Code
2023,
is
amended
to
read
as
20
follows:
21
123.8
Duties
of
commission
and
administrator
.
22
1.
The
commission,
in
addition
to
the
duties
specifically
23
enumerated
in
this
chapter
,
shall
act
as
a
division
24
policy-making
body
under
this
chapter
and
serve
in
an
advisory
25
capacity
to
the
administrator
director
and
department
.
The
26
administrator
shall
supervise
the
daily
operations
of
the
27
division
and
shall
execute
the
policies
of
the
division
as
28
determined
by
the
commission.
29
2.
The
commission
may
review
and
affirm,
reverse,
or
amend
30
all
actions
of
the
administrator
director
under
this
chapter
,
31
including
but
not
limited
to
the
following
instances:
32
a.
Purchases
of
alcoholic
liquor
for
resale
by
the
division
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department
.
34
b.
The
establishment
of
wholesale
prices
of
alcoholic
35
liquor.
1
Sec.
2365.
Section
123.9,
unnumbered
paragraph
1,
Code
2
2023,
is
amended
to
read
as
follows:
3
The
administrator
director
,
in
executing
divisional
the
4
alcoholic
beverage
control
functions
of
the
department
,
shall
5
have
the
following
duties
and
powers:
6
Sec.
2366.
Section
123.9,
subsections
1,
4,
and
7,
Code
7
2023,
are
amended
to
read
as
follows:
8
1.
To
receive
alcoholic
liquors
on
a
bailment
system
for
9
resale
by
the
division
department
in
the
manner
set
forth
in
10
this
chapter
.
11
4.
To
appoint
clerks,
agents,
or
other
employees
required
12
for
carrying
out
the
provisions
of
this
chapter
;
to
dismiss
13
employees
for
cause;
to
assign
employees
to
divisions
and
14
bureaus
as
created
by
the
administrator
director
within
the
15
division
department
;
and
to
designate
their
title,
duties,
and
16
powers.
All
employees
of
the
division
department
for
purposes
17
of
this
chapter
are
subject
to
chapter
8A,
subchapter
IV
,
18
unless
exempt
under
section
8A.412
.
19
7.
To
accept
alcoholic
liquors
ordered
delivered
to
the
20
alcoholic
beverages
division
department
pursuant
to
chapter
21
809A
,
and
offer
for
sale
and
deliver
the
alcoholic
liquors
to
22
class
“E”
retail
alcohol
licensees,
unless
the
administrator
23
director
determines
that
the
alcoholic
liquors
may
be
24
adulterated
or
contaminated.
If
the
administrator
director
25
determines
that
the
alcoholic
liquors
may
be
adulterated
or
26
contaminated,
the
administrator
director
shall
order
their
27
destruction.
28
Sec.
2367.
Section
123.10,
unnumbered
paragraph
1,
Code
29
2023,
is
amended
to
read
as
follows:
30
The
administrator
director
,
with
the
approval
of
the
31
commission
and
subject
to
chapter
17A
,
may
adopt
rules
as
32
necessary
to
carry
out
this
chapter
.
The
administrator’s
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director’s
authority
under
this
chapter
extends
to,
but
is
not
34
limited
to,
the
following:
35
Sec.
2368.
Section
123.10,
subsections
1,
6,
14,
and
15,
1
Code
2023,
are
amended
to
read
as
follows:
2
1.
Prescribing
the
duties
of
officers,
clerks,
agents,
or
3
other
employees
of
the
division
department
under
this
chapter
4
and
regulating
their
conduct
while
in
the
discharge
of
their
5
duties.
6
6.
Providing
for
the
issuance
and
electronic
distribution
7
of
price
lists
which
show
the
price
to
be
paid
by
class
8
“E”
retail
alcohol
licensees
for
each
brand,
class,
or
9
variety
of
liquor
kept
for
sale
by
the
division
department
,
10
providing
for
the
filing
or
posting
of
prices
charged
in
sales
11
between
class
“A”
beer
and
class
“A”
wine
permit
holders
and
12
retailers,
as
provided
in
this
chapter
,
and
establishing
or
13
controlling
the
prices
based
on
minimum
standards
of
fill,
14
quantity,
or
alcoholic
content
for
each
individual
sale
of
15
alcoholic
beverages
as
deemed
necessary
for
retail
or
consumer
16
protection.
However,
the
division
department
shall
not
17
regulate
markups,
prices,
discounts,
allowances,
or
other
terms
18
of
sale
at
which
alcoholic
liquor
may
be
purchased
by
the
19
retail
public
or
retail
alcohol
licensees
from
class
“E”
retail
20
alcohol
licensees
or
at
which
wine
may
be
purchased
and
sold
21
by
class
“A”
and
retail
wine
permittees,
or
change,
nullify,
22
or
vary
the
terms
of
an
agreement
between
a
holder
of
a
vintner
23
certificate
of
compliance
and
a
class
“A”
wine
permittee.
24
14.
Prescribing
the
uniform
fee
to
be
assessed
against
25
a
retail
alcohol
licensee,
except
a
class
“B”,
special
class
26
“B”,
or
class
“E”
retail
alcohol
licensee,
to
cover
the
27
administrative
costs
incurred
by
the
division
department
28
resulting
from
the
failure
of
the
licensee
to
maintain
dramshop
29
liability
insurance
coverage
pursuant
to
section
123.92,
30
subsection
2
,
paragraph
“a”
.
31
15.
Prescribing
the
uniform
fee,
not
to
exceed
one
hundred
32
dollars,
to
be
assessed
against
a
licensee
or
permittee
under
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this
chapter
for
a
contested
case
hearing
conducted
by
the
34
division
department
or
by
an
administrative
law
judge
from
35
the
department
of
inspections
and
appeals
which
results
in
1
administrative
action
taken
against
the
licensee
or
permittee
2
by
the
division
department
.
3
Sec.
2369.
Section
123.11,
Code
2023,
is
amended
to
read
as
4
follows:
5
123.11
Compensation
and
expenses.
6
Members
of
the
commission,
the
administrator
director
,
and
7
other
employees
of
the
division
department
shall
be
allowed
8
their
actual
and
necessary
expenses
while
traveling
on
business
9
of
the
division
department
under
this
chapter
outside
of
their
10
place
of
residence,
however,
an
itemized
account
of
such
11
expenses
shall
be
verified
by
the
claimant
and
approved
by
the
12
administrator
director
.
If
such
account
is
paid,
the
same
13
shall
be
filed
with
the
division
department
and
be
and
remain
14
a
part
of
its
permanent
records.
Each
member
appointed
to
15
the
commission
is
entitled
to
receive
reimbursement
of
actual
16
expenses
incurred
while
attending
meetings.
Each
member
of
17
the
commission
may
also
be
eligible
to
receive
compensation
18
as
provided
in
section
7E.6
.
All
expenses
and
salaries
of
19
commission
members,
the
administrator
director
,
and
other
20
employees
shall
be
paid
from
appropriations
for
such
purposes
21
and
the
division
department
shall
be
subject
to
the
budget
22
requirements
of
chapter
8
.
23
Sec.
2370.
Section
123.12,
Code
2023,
is
amended
to
read
as
24
follows:
25
123.12
Exemption
from
suit.
26
No
A
commission
member
or
officer
or
employee
of
the
division
27
department
shall
not
be
personally
liable
for
damages
sustained
28
by
any
person
due
to
the
act
of
such
member,
officer,
or
29
employee
performed
in
the
reasonable
discharge
of
the
member’s,
30
officer’s,
or
employee’s
duties
as
enumerated
in
this
chapter
.
31
Sec.
2371.
Section
123.13,
Code
2023,
is
amended
to
read
as
32
follows:
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123.13
Prohibitions
on
commission
members
and
employees.
34
1.
Commission
members,
officers,
and
employees
of
the
35
division
department
under
this
chapter
shall
not,
while
holding
1
such
office
or
position,
do
any
of
the
following:
2
a.
Hold
any
other
office
or
position
under
the
laws
of
this
3
state,
or
any
other
state
or
territory
or
of
the
United
States.
4
b.
Engage
in
any
occupation,
business,
endeavor,
or
activity
5
which
would
or
does
conflict
with
their
duties
under
this
6
chapter
.
7
c.
Directly
or
indirectly,
use
their
office
or
employment
8
to
influence,
persuade,
or
induce
any
other
officer,
employee,
9
or
person
to
adopt
their
political
views
or
to
favor
any
10
particular
candidate
for
an
elective
or
appointive
public
11
office.
12
d.
Directly
or
indirectly,
solicit
or
accept,
in
any
manner
13
or
way,
any
money
or
other
thing
of
value
for
any
person
14
seeking
an
elective
or
appointive
public
office,
or
to
any
15
political
party
or
any
group
of
persons
seeking
to
become
a
16
political
party.
17
2.
Except
as
provided
in
section
123.5,
subsection
3
,
a
18
commission
member
or
division
department
employee
under
this
19
chapter
shall
not,
directly
or
indirectly,
individually,
or
as
20
a
member
of
a
partnership
or
shareholder
in
a
corporation,
have
21
any
interest
in
dealing
in
or
in
the
manufacture
of
alcoholic
22
liquor,
wine,
or
beer,
and
shall
not
receive
any
kind
of
profit
23
nor
have
any
interest
in
the
purchase
or
sale
of
alcoholic
24
liquor,
wine,
or
beer
by
persons
so
authorized
under
this
25
chapter
.
However,
this
subsection
does
not
prohibit
any
member
26
or
employee
from
lawfully
purchasing
and
keeping
alcoholic
27
liquor,
wine,
or
beer
in
the
member’s
or
employee’s
possession
28
for
personal
use.
29
3.
Any
officer
or
employee
violating
this
section
or
any
30
other
provisions
of
this
chapter
shall,
in
addition
to
any
31
other
penalties
provided
by
law,
be
subject
to
suspension
or
32
discharge
from
employment.
Any
commission
member
shall,
in
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addition
to
any
other
penalties
provided
by
law,
be
subject
to
34
removal
from
office
as
provided
by
chapter
66
.
35
Sec.
2372.
Section
123.14,
Code
2023,
is
amended
to
read
as
1
follows:
2
123.14
Alcoholic
beverage
control
law
enforcement.
3
1.
The
department
of
public
safety
is
the
primary
alcoholic
4
beverage
control
law
enforcement
authority
for
this
state.
5
2.
The
county
attorney,
the
county
sheriff
and
the
sheriff’s
6
deputies,
and
the
police
department
of
every
city,
and
the
7
alcoholic
beverages
division
of
the
department
of
commerce
,
8
shall
be
supplementary
aids
to
the
department
of
public
safety
9
for
purposes
of
alcoholic
beverage
control
law
enforcement
.
10
Any
neglect,
misfeasance,
or
malfeasance
shown
by
any
peace
11
officer
included
in
this
section
shall
be
sufficient
cause
12
for
the
peace
officer’s
removal
as
provided
by
law.
This
13
section
shall
not
be
construed
to
affect
the
duties
and
14
responsibilities
of
any
county
attorney
or
peace
officer
with
15
respect
to
law
enforcement.
16
3.
The
department
of
public
safety
shall
have
full
access
17
to
all
records,
reports,
audits,
tax
reports
and
all
other
18
documents
and
papers
in
the
alcoholic
beverages
division
19
department
pertaining
to
liquor
licensees
and
wine
and
beer
20
permittees
and
their
business.
21
Sec.
2373.
Section
123.16,
unnumbered
paragraph
1,
Code
22
2023,
is
amended
to
read
as
follows:
23
The
commission
department
shall
cause
to
be
prepared
an
24
annual
report
to
the
governor
of
the
state,
ending
with
June
30
25
of
each
fiscal
year,
on
the
operation
and
financial
position
of
26
the
division
department
under
this
chapter
for
the
preceding
27
fiscal
year.
The
report
shall
include
but
is
not
limited
to
28
the
following
information:
29
Sec.
2374.
Section
123.16,
subsections
1
and
7,
Code
2023,
30
are
amended
to
read
as
follows:
31
1.
Amount
of
profit
or
loss
from
division
department
32
operations
under
this
chapter
.
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7.
Amount
of
fees
paid
to
the
division
department
from
34
retail
alcohol
licenses,
wine
permits,
and
beer
permits,
in
35
gross,
and
the
amount
of
retail
alcohol
license
fees
returned
1
to
local
subdivisions
of
government
as
provided
under
this
2
chapter
.
3
Sec.
2375.
Section
123.17,
Code
2023,
is
amended
to
read
as
4
follows:
5
123.17
Beer
and
liquor
control
fund
——
allocations
to
6
substance
abuse
programs
——
use
of
civil
penalties.
7
1.
There
shall
be
established
within
the
office
of
8
the
treasurer
of
state
a
fund
to
be
known
as
the
beer
and
9
liquor
control
fund.
The
fund
shall
consist
of
any
moneys
10
appropriated
by
the
general
assembly
for
deposit
in
the
fund
11
and
moneys
received
from
the
sale
of
alcoholic
liquors
by
the
12
division
department
,
from
the
issuance
of
permits
and
licenses,
13
and
of
moneys
and
receipts
received
by
the
division
department
14
from
any
other
source
under
this
chapter
.
15
2.
a.
The
director
of
the
department
of
administrative
16
services
shall
periodically
transfer
from
the
beer
and
liquor
17
control
fund
to
the
general
fund
of
the
state
those
revenues
18
of
the
division
department
which
are
not
necessary
for
the
19
purchase
of
liquor
for
resale
by
the
division
department
,
20
or
for
remittances
to
local
authorities
or
other
sources
as
21
required
by
this
chapter
,
or
for
other
obligations
and
expenses
22
of
the
division
department
which
are
paid
from
such
fund.
23
b.
All
moneys
received
by
the
division
department
from
24
the
issuance
of
vintner’s
certificates
of
compliance
and
wine
25
permits
shall
be
transferred
by
the
director
of
the
department
26
of
administrative
services
to
the
general
fund
of
the
state.
27
3.
Notwithstanding
subsection
2
,
if
gaming
revenues
under
28
sections
99D.17
and
99F.11
are
insufficient
in
a
fiscal
year
to
29
meet
the
total
amount
of
such
revenues
directed
to
be
deposited
30
in
the
revenue
bonds
debt
service
fund
and
the
revenue
bonds
31
federal
subsidy
holdback
fund
during
the
fiscal
year
pursuant
32
to
section
8.57,
subsection
5
,
paragraph
“e”
,
the
difference
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shall
be
paid
from
moneys
deposited
in
the
beer
and
liquor
34
control
fund
prior
to
transfer
of
such
moneys
to
the
general
35
fund
pursuant
to
subsection
2
and
prior
to
the
transfer
of
such
1
moneys
pursuant
to
subsections
5
and
6
.
If
moneys
deposited
in
2
the
beer
and
liquor
control
fund
are
insufficient
during
the
3
fiscal
year
to
pay
the
difference,
the
remaining
difference
4
shall
be
paid
from
moneys
deposited
in
the
beer
and
liquor
5
control
fund
in
subsequent
fiscal
years
as
such
moneys
become
6
available.
7
4.
The
treasurer
of
state
shall,
each
quarter,
prepare
8
an
estimate
of
the
gaming
revenues
and
of
the
moneys
to
be
9
deposited
in
the
beer
and
liquor
control
fund
that
will
become
10
available
during
the
remainder
of
the
appropriate
fiscal
year
11
for
the
purposes
described
in
subsection
3
.
The
department
12
of
management,
the
department
of
inspections
and
appeals,
and
13
the
department
of
commerce
shall
take
appropriate
actions
to
14
provide
that
the
sum
of
the
amount
of
gaming
revenues
available
15
to
be
deposited
into
the
revenue
bonds
debt
service
fund
and
16
the
revenue
bonds
federal
subsidy
holdback
fund
during
a
fiscal
17
year
and
the
amount
of
moneys
to
be
deposited
in
the
beer
and
18
liquor
control
fund
available
to
be
deposited
into
the
revenue
19
bonds
debt
service
fund
and
the
revenue
bonds
federal
subsidy
20
holdback
fund
during
such
fiscal
year
will
be
sufficient
to
21
cover
any
anticipated
deficiencies.
22
5.
After
any
transfer
provided
for
in
subsection
3
is
23
made,
the
department
of
commerce
shall
transfer
into
a
special
24
revenue
account
in
the
general
fund
of
the
state,
a
sum
of
25
money
at
least
equal
to
seven
percent
of
the
gross
amount
26
of
sales
made
by
the
division
department
from
the
beer
and
27
liquor
control
fund
on
a
monthly
basis
but
not
less
than
nine
28
million
dollars
annually.
Of
the
amounts
transferred,
two
29
million
dollars,
plus
an
additional
amount
determined
by
the
30
general
assembly,
shall
be
appropriated
to
the
Iowa
department
31
of
public
health
for
use
by
the
staff
who
administer
the
32
comprehensive
substance
abuse
program
under
chapter
125
for
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substance
abuse
treatment
and
prevention
programs.
Any
amounts
34
received
in
excess
of
the
amounts
appropriated
to
the
Iowa
35
department
of
public
health
for
use
by
the
staff
who
administer
1
the
comprehensive
substance
abuse
program
under
chapter
125
2
shall
be
considered
part
of
the
general
fund
balance.
3
6.
After
any
transfers
provided
for
in
subsections
3
and
4
5
,
the
department
of
commerce
shall
receive
a
transfer
to
the
5
division
from
the
beer
and
liquor
control
fund
and
before
any
6
other
transfer
to
the
general
fund,
an
amount
sufficient
to
pay
7
the
costs
incurred
by
the
division
department
for
collecting
8
and
properly
disposing
of
the
liquor
containers.
9
7.
After
any
transfers
provided
for
in
subsections
3,
5,
10
and
6
,
and
before
any
other
transfer
to
the
general
fund,
11
the
department
of
commerce
shall
transfer
to
the
economic
12
development
authority
from
the
beer
and
liquor
control
fund
13
two
million
dollars
annually
for
statewide
tourism
marketing
14
services
and
efforts
pursuant
to
section
15.275
.
15
8.
After
any
transfers
provided
for
in
subsections
3,
5,
6,
16
and
7
,
and
before
any
other
transfer
to
the
general
fund,
the
17
department
of
commerce
shall
transfer
from
the
beer
and
liquor
18
control
fund
one
million
dollars
to
the
Iowa
department
of
19
public
health
for
distribution
pursuant
to
section
125.59
.
20
9.
Civil
penalties
imposed
and
collected
by
the
division
21
department
under
this
chapter
shall
be
credited
to
the
general
22
fund
of
the
state.
The
moneys
from
the
civil
penalties
shall
23
be
used
by
the
division
department
,
subject
to
appropriation
by
24
the
general
assembly,
for
the
purposes
of
providing
educational
25
programs,
information
and
publications
for
alcoholic
26
beverage
licensees
and
permittees,
local
authorities,
and
law
27
enforcement
agencies
regarding
the
laws
and
rules
which
govern
28
the
alcoholic
beverages
industry,
and
for
promoting
compliance
29
with
alcoholic
beverage
laws
and
rules.
30
Sec.
2376.
Section
123.18,
Code
2023,
is
amended
to
read
as
31
follows:
32
123.18
Appropriations.
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Division
Department
appropriations
for
purposes
of
this
34
chapter
shall
be
paid
by
the
treasurer
of
state
upon
the
orders
35
of
the
administrator
director
,
in
such
amounts
and
at
such
1
times
as
the
administrator
director
deems
necessary
to
carry
on
2
operations
in
accordance
with
the
terms
of
this
chapter
.
3
Sec.
2377.
Section
123.22,
subsection
1,
Code
2023,
is
4
amended
to
read
as
follows:
5
1.
The
division
department
has
the
exclusive
right
of
6
importation
into
the
state
of
all
forms
of
alcoholic
liquor,
7
except
as
otherwise
provided
in
this
chapter
,
and
a
person
8
shall
not
import
alcoholic
liquor,
except
that
an
individual
of
9
legal
age
may
import
and
have
in
the
individual’s
possession
10
an
amount
of
alcoholic
liquor
not
exceeding
nine
liters
per
11
calendar
month
that
the
individual
personally
obtained
outside
12
the
state.
Alcoholic
liquor
imported
by
an
individual
pursuant
13
to
this
subsection
shall
be
for
personal
consumption
only
in
14
a
private
home
or
other
private
accommodation.
A
distillery
15
shall
not
sell
alcoholic
liquor
within
the
state
to
any
person
16
but
only
to
the
division
department
,
except
as
otherwise
17
provided
in
this
chapter
.
This
section
vests
in
the
division
18
department
exclusive
control
within
the
state
as
purchaser
of
19
all
alcoholic
liquor
sold
by
distilleries
within
the
state
20
or
imported,
except
beer
and
wine,
and
except
as
otherwise
21
provided
in
this
chapter
.
The
division
department
shall
22
receive
alcoholic
liquor
on
a
bailment
system
for
resale
by
the
23
division
department
in
the
manner
set
forth
in
this
chapter
.
24
The
division
department
shall
act
as
the
sole
wholesaler
of
25
alcoholic
liquor
to
class
“E”
retail
alcohol
licensees.
26
Sec.
2378.
Section
123.23,
subsections
1,
2,
3,
and
5,
Code
27
2023,
are
amended
to
read
as
follows:
28
1.
Any
manufacturer,
distiller,
or
importer
of
alcoholic
29
liquors
shipping,
selling,
or
having
alcoholic
liquors
brought
30
into
this
state
for
resale
by
the
state
shall,
as
a
condition
31
precedent
to
the
privilege
of
so
trafficking
in
alcoholic
32
liquors
in
this
state,
annually
make
application
for
and
hold
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a
distiller’s
certificate
of
compliance
which
shall
be
issued
34
by
the
administrator
director
for
that
purpose.
No
brand
of
35
alcoholic
liquor
shall
be
sold
by
the
division
department
1
in
this
state
unless
the
manufacturer,
distiller,
importer,
2
and
all
other
persons
participating
in
the
distribution
of
3
that
brand
in
this
state
have
obtained
a
certificate.
The
4
certificate
of
compliance
shall
expire
at
the
end
of
one
year
5
from
the
date
of
issuance
and
shall
be
renewed
for
a
like
6
period
upon
application
to
the
administrator
director
unless
7
otherwise
suspended
or
revoked
for
cause.
Each
completed
8
application
for
a
certificate
of
compliance
or
renewal
shall
9
be
submitted
electronically,
or
in
a
manner
prescribed
by
the
10
administrator
director
,
and
shall
be
accompanied
by
a
fee
11
of
two
hundred
dollars
payable
to
the
division
department
.
12
However,
this
subsection
need
not
apply
to
a
manufacturer,
13
distiller,
or
importer
who
ships
or
sells
in
this
state
no
more
14
than
eleven
gallons
or
its
case
equivalent
during
any
fiscal
15
year
as
a
result
of
“special
orders”
which
might
be
placed,
as
16
defined
and
allowed
by
divisional
departmental
rules
adopted
17
under
this
chapter
.
18
2.
At
the
time
of
applying
for
a
certificate
of
compliance,
19
each
applicant
shall
submit
to
the
division
department
20
electronically,
or
in
a
manner
prescribed
by
the
administrator
21
director
,
the
name
and
address
of
its
authorized
agent
22
for
service
of
process
which
shall
remain
effective
until
23
changed
for
another,
and
a
list
of
names
and
addresses
of
all
24
representatives,
employees,
or
attorneys
whom
the
applicant
has
25
appointed
in
the
state
of
Iowa
to
represent
it
for
any
purpose.
26
The
listing
shall
be
amended
by
the
certificate
holder
as
27
necessary
to
keep
the
listing
current
with
the
division
28
department
.
29
3.
The
administrator
director
and
the
attorney
general
30
are
authorized
to
require
any
certificate
holder
or
person
31
listed
as
the
certificate
holder’s
representative,
employee,
32
or
attorney
to
disclose
such
financial
and
other
records
and
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transactions
as
may
be
considered
relevant
in
discovering
34
violations
of
this
chapter
or
of
rules
and
regulations
of
35
the
division
department
under
this
chapter
or
of
any
other
1
provision
of
law
by
any
person.
2
5.
This
section
shall
not
require
the
listing
of
those
3
persons
who
are
employed
on
premises
where
alcoholic
liquors
4
are
manufactured,
processed,
bottled,
or
packaged
in
Iowa
or
5
persons
who
are
thereafter
engaged
in
the
transporting
of
such
6
alcoholic
liquors
to
the
division
department
.
7
Sec.
2379.
Section
123.24,
Code
2023,
is
amended
to
read
as
8
follows:
9
123.24
Alcoholic
liquor
sales
by
the
division
department
——
10
dishonored
payments
——
liquor
prices.
11
1.
The
division
department
shall
sell
alcoholic
liquor
at
12
wholesale
only.
The
division
department
shall
sell
alcoholic
13
liquor
to
class
“E”
retail
alcohol
licensees
only.
The
14
division
department
shall
offer
the
same
price
on
alcoholic
15
liquor
to
all
class
“E”
retail
alcohol
licensees
without
regard
16
for
the
quantity
of
purchase
or
the
distance
for
delivery.
17
2.
The
price
of
alcoholic
liquor
sold
by
the
division
18
department
shall
consist
of
the
following:
19
a.
The
manufacturer’s
price.
20
b.
A
markup
of
up
to
fifty
percent
of
the
wholesale
price
21
paid
by
the
division
department
for
the
alcoholic
liquor.
22
The
division
department
may
increase
the
markup
on
selected
23
kinds
of
alcoholic
liquor
sold
by
the
division
department
if
24
the
average
return
to
the
division
department
on
all
sales
of
25
alcoholic
liquor
does
not
exceed
the
wholesale
price
paid
by
26
the
division
department
and
the
fifty
percent
markup.
27
c.
A
split
case
charge
in
an
amount
determined
by
the
28
division
department
when
alcoholic
liquor
is
sold
in
quantities
29
which
require
a
case
to
be
split.
30
d.
A
bottle
surcharge
in
an
amount
sufficient,
when
added
to
31
the
amount
not
refunded
to
class
“E”
retail
alcohol
licensees
32
pursuant
to
section
455C.2
,
to
pay
the
costs
incurred
by
the
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division
department
for
collecting
and
properly
disposing
of
34
the
liquor
containers.
The
amount
collected
pursuant
to
this
35
paragraph,
in
addition
to
any
amounts
not
refunded
to
class
“E”
1
retail
alcohol
licensees
pursuant
to
section
455C.2
,
shall
be
2
deposited
in
the
beer
and
liquor
control
fund
established
under
3
section
123.17
.
4
3.
a.
The
division
department
may
accept
from
a
class
5
“E”
retail
alcohol
licensee
electronic
funds
transferred
by
6
automated
clearing
house,
wire
transfer,
or
another
method
7
deemed
acceptable
by
the
administrator
director
,
in
payment
of
8
alcoholic
liquor.
If
a
payment
is
subsequently
dishonored,
9
the
division
department
shall
cause
a
notice
of
nonpayment
10
and
penalty
to
be
served
upon
the
class
“E”
retail
alcohol
11
licensee
or
upon
any
person
in
charge
of
the
licensed
premises.
12
The
notice
shall
state
that
if
payment
or
satisfaction
for
13
the
dishonored
payment
is
not
made
within
ten
days
of
the
14
service
of
notice,
the
licensee’s
retail
alcohol
license
may
15
be
suspended
under
section
123.39
.
The
notice
of
nonpayment
16
and
penalty
shall
be
in
a
form
prescribed
by
the
administrator
17
director
,
and
shall
be
sent
by
certified
mail.
18
b.
If
upon
notice
and
hearing
under
section
123.39
and
19
pursuant
to
the
provisions
of
chapter
17A
concerning
a
20
contested
case
hearing,
the
administrator
director
determines
21
that
the
class
“E”
retail
alcohol
licensee
failed
to
satisfy
22
the
obligation
for
which
the
payment
was
issued
within
ten
days
23
after
the
notice
of
nonpayment
and
penalty
was
served
on
the
24
licensee
as
provided
in
paragraph
“a”
of
this
subsection
,
the
25
administrator
director
may
suspend
the
licensee’s
class
“E”
26
retail
alcohol
license
for
a
period
not
to
exceed
ten
days.
27
4.
The
administrator
director
may
refuse
to
sell
alcoholic
28
liquor
to
a
class
“E”
retail
alcohol
licensee
who
tenders
a
29
payment
which
is
subsequently
dishonored
until
the
outstanding
30
obligation
is
satisfied.
31
Sec.
2380.
Section
123.25,
Code
2023,
is
amended
to
read
as
32
follows:
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123.25
Consumption
on
premises.
34
An
officer,
clerk,
agent,
or
employee
of
the
division
35
department
employed
in
a
state-owned
warehouse
under
this
1
chapter
shall
not
allow
any
alcoholic
beverage
to
be
consumed
2
on
the
premises,
nor
shall
a
person
consume
any
alcoholic
3
liquor
on
the
premises
except
for
testing
or
sampling
purposes
4
only.
5
Sec.
2381.
Section
123.26,
Code
2023,
is
amended
to
read
as
6
follows:
7
123.26
Restrictions
on
sales
——
seals
——
labeling.
8
Alcoholic
liquor
shall
not
be
sold
by
a
class
“E”
retail
9
alcohol
licensee
except
in
a
sealed
container
with
identifying
10
markers
as
prescribed
by
the
administrator
director
and
affixed
11
in
the
manner
prescribed
by
the
administrator
director
,
and
no
12
such
container
shall
be
opened
upon
the
premises
of
a
state
13
warehouse.
The
division
department
shall
cooperate
with
the
14
department
of
natural
resources
so
that
only
one
identifying
15
marker
or
mark
is
needed
to
satisfy
the
requirements
of
this
16
section
and
section
455C.5,
subsection
1
.
Possession
of
17
alcoholic
liquors
which
do
not
carry
the
prescribed
identifying
18
markers
is
a
violation
of
this
chapter
except
as
provided
in
19
section
123.22
.
20
Sec.
2382.
Section
123.27,
Code
2023,
is
amended
to
read
as
21
follows:
22
123.27
Sales
and
deliveries
prohibited.
23
It
is
unlawful
to
transact
the
sale
or
delivery
of
alcoholic
24
liquor
in,
on,
or
from
the
premises
of
a
state
warehouse:
25
1.
After
the
closing
hour
as
established
by
the
26
administrator
director
.
27
2.
On
any
legal
holiday
except
those
designated
by
the
28
administrator
director
.
29
3.
During
other
periods
or
days
as
designated
by
the
30
administrator
director
.
31
Sec.
2383.
Section
123.28,
subsections
1
and
2,
Code
2023,
32
are
amended
to
read
as
follows:
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1.
It
is
lawful
to
transport,
carry,
or
convey
alcoholic
34
liquors
from
the
place
of
purchase
by
the
division
department
35
to
a
state
warehouse
or
depot
established
by
the
division
1
department
or
from
one
such
place
to
another
and,
when
so
2
permitted
by
this
chapter
,
it
is
lawful
for
the
division
3
department
,
a
common
carrier,
or
other
person
to
transport,
4
carry,
or
convey
alcoholic
liquor
sold
from
a
state
warehouse,
5
depot,
or
point
of
purchase
by
the
state
to
any
place
to
which
6
the
liquor
may
be
lawfully
delivered
under
this
chapter
.
7
2.
The
division
department
shall
deliver
alcoholic
liquor
8
purchased
by
class
“E”
retail
alcohol
licensees.
Class
“E”
9
retail
alcohol
licensees
may
deliver
alcoholic
liquor
purchased
10
by
class
“C”,
class
“D”,
or
class
“F”
retail
alcohol
licensees,
11
and
class
“C”,
class
“D”,
or
class
“F”
retail
alcohol
licensees
12
may
transport
alcoholic
liquor
purchased
from
class
“E”
retail
13
alcohol
licensees.
14
Sec.
2384.
Section
123.29,
subsection
1,
Code
2023,
is
15
amended
to
read
as
follows:
16
1.
This
chapter
does
not
prohibit
the
sale
of
patent
and
17
proprietary
medicines,
tinctures,
food
products,
extracts,
18
toiletries,
perfumes,
and
similar
products,
which
are
not
19
susceptible
of
use
as
a
beverage,
but
which
contain
alcoholic
20
liquor,
wine,
or
beer
as
one
of
their
ingredients.
These
21
products
may
be
sold
through
ordinary
wholesale
and
retail
22
businesses
without
a
license
or
permit
issued
by
the
division
23
department
.
24
Sec.
2385.
Section
123.30,
subsections
1
and
2,
Code
2023,
25
are
amended
to
read
as
follows:
26
1.
a.
A
retail
alcohol
license
may
be
issued
to
any
person
27
who
is
of
good
moral
character
as
defined
by
this
chapter
.
28
b.
As
a
condition
for
issuance
of
a
retail
alcohol
license
29
or
wine
or
beer
permit,
the
applicant
must
give
consent
30
to
members
of
the
fire,
police,
and
health
departments
31
and
the
building
inspector
of
cities;
the
county
sheriff
32
or
deputy
sheriff;
members
of
the
department
of
public
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safety;
representatives
of
the
division
department
and
of
34
the
department
of
inspections
and
appeals;
certified
police
35
officers;
and
any
official
county
health
officer
to
enter
upon
1
areas
of
the
premises
where
alcoholic
beverages
are
stored,
2
served,
or
sold,
without
a
warrant
during
business
hours
of
3
the
licensee
or
permittee
to
inspect
for
violations
of
this
4
chapter
or
ordinances
and
regulations
that
cities
and
boards
5
of
supervisors
may
adopt.
However,
a
subpoena
issued
under
6
section
421.17
or
a
warrant
is
required
for
inspection
of
7
private
records,
a
private
business
office,
or
attached
living
8
quarters.
Persons
who
are
not
certified
peace
officers
shall
9
limit
the
scope
of
their
inspections
of
licensed
premises
10
to
the
regulatory
authority
under
which
the
inspection
is
11
conducted.
All
persons
who
enter
upon
a
licensed
premises
to
12
conduct
an
inspection
shall
present
appropriate
identification
13
to
the
owner
of
the
establishment
or
the
person
who
appears
14
to
be
in
charge
of
the
establishment
prior
to
commencing
15
an
inspection;
however,
this
provision
does
not
apply
to
16
undercover
criminal
investigations
conducted
by
peace
officers.
17
c.
As
a
further
condition
for
the
issuance
of
a
class
“E”
18
retail
alcohol
license,
the
applicant
shall
post
a
bond
in
19
a
sum
of
not
less
than
five
thousand
nor
more
than
fifteen
20
thousand
dollars
as
determined
on
a
sliding
scale
established
21
by
the
division
department
;
however,
a
bond
shall
not
be
22
required
if
all
purchases
of
alcoholic
liquor
from
the
division
23
department
by
the
licensee
are
made
by
means
that
ensure
that
24
the
division
department
will
receive
full
payment
in
advance
of
25
delivery
of
the
alcoholic
liquor.
26
d.
A
class
“E”
retail
alcohol
license
may
be
issued
to
a
27
city
council
for
premises
located
within
the
limits
of
the
city
28
if
there
are
no
class
“E”
retail
alcohol
licensees
operating
29
within
the
limits
of
the
city
and
no
other
applications
for
a
30
class
“E”
license
for
premises
located
within
the
limits
of
31
the
city
at
the
time
the
city
council’s
application
is
filed.
32
If
a
class
“E”
retail
alcohol
license
is
subsequently
issued
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to
a
private
person
for
premises
located
within
the
limits
of
34
the
city,
the
city
council
shall
surrender
its
license
to
the
35
division
department
within
one
year
of
the
date
that
the
class
1
“E”
retail
alcohol
licensee
begins
operating,
liquidate
any
2
remaining
assets
connected
with
the
liquor
store,
and
cease
3
operating
the
liquor
store.
4
2.
A
retail
alcohol
license
shall
not
be
issued
for
premises
5
which
do
not
constitute
a
safe
and
proper
place
or
building
6
and
which
do
not
conform
to
all
applicable
laws,
ordinances,
7
resolutions,
and
health
and
fire
regulations.
A
licensee
8
shall
not
have
or
maintain
any
interior
access
to
residential
9
or
sleeping
quarters
unless
permission
is
granted
by
the
10
administrator
director
in
the
form
of
a
living
quarters
permit.
11
Sec.
2386.
Section
123.30,
subsection
3,
paragraph
d,
12
subparagraphs
(1)
and
(5),
Code
2023,
are
amended
to
read
as
13
follows:
14
(1)
A
class
“E”
retail
alcohol
license
may
be
issued
and
15
shall
authorize
the
holder
to
purchase
alcoholic
liquor
in
16
original
unopened
containers
from
the
division
department
17
only,
wine
from
a
class
“A”
wine
permittee
only,
and
beer
from
18
a
class
“A”
beer
permittee
only;
to
sell
alcoholic
liquor,
19
wine,
and
beer
in
original
unopened
containers
at
retail
to
20
patrons
for
consumption
off
the
licensed
premises;
and
to
sell
21
alcoholic
liquor
and
high
alcoholic
content
beer
at
wholesale
22
to
other
retail
alcohol
licensees,
provided
the
holder
has
23
filed
with
the
division
department
a
basic
permit
issued
by
the
24
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
States
25
department
of
the
treasury.
26
(5)
The
division
department
may
issue
a
class
“E”
retail
27
alcohol
license
for
premises
covered
by
a
retail
alcohol
28
license
for
on-premises
consumption
under
any
of
the
following
29
circumstances:
30
(a)
If
the
premises
are
in
a
county
having
a
population
31
under
nine
thousand
five
hundred
in
which
no
other
class
32
“E”
retail
alcohol
license
has
been
issued
by
the
division
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department
,
and
no
other
application
for
a
class
“E”
retail
34
alcohol
license
has
been
made
within
the
previous
twelve
35
consecutive
months.
1
(b)
If,
notwithstanding
any
provision
of
this
chapter
to
the
2
contrary,
the
premises
covered
by
a
retail
alcohol
license
is
a
3
grocery
store
that
is
at
least
five
thousand
square
feet.
4
Sec.
2387.
Section
123.31,
subsection
1,
unnumbered
5
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
6
A
person
applying
for
a
retail
alcohol
license
shall
submit
a
7
completed
application
electronically,
or
in
a
manner
prescribed
8
by
the
administrator
director
,
which
shall
set
forth
under
oath
9
the
following:
10
Sec.
2388.
Section
123.31,
subsection
1,
paragraphs
e
and
g,
11
Code
2023,
are
amended
to
read
as
follows:
12
e.
When
required
by
the
administrator
director
,
and
in
13
such
form
and
containing
such
information
as
the
administrator
14
director
may
require,
a
description
of
the
premises
where
the
15
applicant
intends
to
use
the
license,
to
include
a
sketch
or
16
drawing
of
the
premises
and,
if
applicable,
the
number
of
17
square
feet
of
interior
floor
space
which
comprises
the
retail
18
sales
area
of
the
premises.
19
g.
Any
other
information
as
required
by
the
administrator
20
director
.
21
Sec.
2389.
Section
123.31,
subsection
2,
paragraph
d,
Code
22
2023,
is
amended
to
read
as
follows:
23
d.
That
the
premises
where
the
applicant
intends
to
use
the
24
license
conforms
to
all
applicable
laws,
health
regulations,
25
and
fire
regulations,
and
constitutes
a
safe
and
proper
place
26
or
building
and
that
the
applicant
shall
not
have
or
maintain
27
any
interior
access
to
residential
or
sleeping
quarters
unless
28
permission
is
granted
by
the
administrator
director
in
the
form
29
of
a
living
quarters
permit.
30
Sec.
2390.
Section
123.31A,
subsection
3,
unnumbered
31
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
32
Subject
to
the
rules
of
the
division
department
,
sales
made
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pursuant
to
this
section
may
be
made
in
a
container
other
34
than
the
original
container
only
if
all
of
the
following
35
requirements
are
met:
1
Sec.
2391.
Section
123.31A,
subsection
3,
paragraph
d,
Code
2
2023,
is
amended
to
read
as
follows:
3
d.
The
container
to
be
sold
shall
be
securely
sealed
4
by
a
method
authorized
by
the
division
department
that
is
5
designed
so
that
if
the
sealed
container
is
reopened
or
the
6
seal
tampered
with,
it
is
visibly
apparent
that
the
seal
on
the
7
container
of
beer
or
wine
has
been
tampered
with
or
the
sealed
8
container
has
otherwise
been
reopened.
9
Sec.
2392.
Section
123.31A,
subsection
4,
Code
2023,
is
10
amended
to
read
as
follows:
11
4.
A
container
of
beer
or
wine
other
than
the
original
12
container
that
is
sold
and
sealed
in
compliance
with
the
13
requirements
of
subsection
3
and
the
division’s
department’s
14
rules
shall
not
be
deemed
an
open
container
subject
to
the
15
requirements
of
sections
321.284
and
321.284A
if
the
sealed
16
container
is
unopened
and
the
seal
has
not
been
tampered
with,
17
and
the
contents
of
the
container
have
not
been
partially
18
removed.
19
Sec.
2393.
Section
123.32,
subsection
1,
paragraph
b,
20
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
21
follows:
22
A
completed
application
for
a
class
“D”
retail
alcohol
23
license
and
for
any
of
the
following
certificates,
licenses,
24
or
permits
shall
be
submitted
to
the
division
department
25
electronically,
or
in
a
manner
prescribed
by
the
administrator
26
director
,
which
shall
proceed
in
the
same
manner
as
in
the
case
27
of
an
application
approved
by
local
authorities:
28
Sec.
2394.
Section
123.32,
subsections
2,
6,
7,
8,
and
9,
29
Code
2023,
are
amended
to
read
as
follows:
30
2.
Action
by
local
authorities.
The
local
authority
31
shall
either
approve
or
disapprove
the
issuance
of
a
retail
32
alcohol
license,
shall
endorse
its
approval
or
disapproval
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on
the
application,
and
shall
forward
the
application
with
34
the
necessary
fee
and
bond,
if
required,
to
the
division
35
department
.
There
is
no
limit
upon
the
number
of
retail
1
alcohol
licenses
which
may
be
approved
for
issuance
by
local
2
authorities.
3
6.
Action
by
administrator
director
.
4
a.
Upon
receipt
of
an
application
having
been
disapproved
by
5
the
local
authority,
the
administrator
director
shall
notify
6
the
applicant
that
the
applicant
may
appeal
the
disapproval
of
7
the
application
to
the
administrator
director
.
The
applicant
8
shall
be
notified
by
certified
mail
or
personal
service,
and
9
the
application,
the
fee,
and
any
bond
shall
be
returned
to
the
10
applicant.
11
b.
Upon
receipt
of
an
application
having
been
approved
by
12
the
local
authority,
the
division
department
shall
make
an
13
investigation
as
the
administrator
director
deems
necessary
to
14
determine
that
the
applicant
complies
with
all
requirements
15
for
holding
a
license,
and
may
require
the
applicant
to
appear
16
to
be
examined
under
oath
to
demonstrate
that
the
applicant
17
complies
with
all
of
the
requirements
to
hold
a
license.
If
18
the
administrator
director
requires
the
applicant
to
appear
19
and
to
testify
under
oath,
a
record
shall
be
made
of
all
20
testimony
or
evidence
and
the
record
shall
become
a
part
of
the
21
application.
The
administrator
director
may
appoint
a
member
22
of
the
division
department
or
may
request
an
administrative
23
law
judge
of
the
department
of
inspections
and
appeals
to
24
receive
the
testimony
under
oath
and
evidence,
and
to
issue
a
25
proposed
decision
to
approve
or
disapprove
the
application
for
26
a
license.
The
administrator
director
may
affirm,
reverse,
27
or
modify
the
proposed
decision
to
approve
or
disapprove
the
28
application
for
the
license.
If
the
application
is
approved
by
29
the
administrator
director
,
the
license
shall
be
issued.
If
30
the
application
is
disapproved
by
the
administrator
director
,
31
the
applicant
shall
be
so
notified
by
certified
mail
or
32
personal
service
and
the
appropriate
local
authority
shall
33
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be
notified
electronically,
or
in
a
manner
prescribed
by
the
34
administrator
director
.
35
7.
Appeal
to
administrator
director
.
An
applicant
for
a
1
retail
alcohol
license
may
appeal
from
the
local
authority’s
2
disapproval
of
an
application
for
a
license
or
permit
to
the
3
administrator
director
.
In
the
appeal
the
applicant
shall
4
be
allowed
the
opportunity
to
demonstrate
in
an
evidentiary
5
hearing
conducted
pursuant
to
chapter
17A
that
the
applicant
6
complies
with
all
of
the
requirements
for
holding
the
license
7
or
permit.
The
administrator
director
may
appoint
a
member
of
8
the
division
department
or
may
request
an
administrative
law
9
judge
from
the
department
of
inspections
and
appeals
to
conduct
10
the
evidentiary
hearing
and
to
render
a
proposed
decision
to
11
approve
or
disapprove
the
issuance
of
the
license
or
permit.
12
The
administrator
director
may
affirm,
reverse,
or
modify
the
13
proposed
decision.
If
the
administrator
director
determines
14
that
the
applicant
complies
with
all
of
the
requirements
15
for
holding
a
license
or
permit,
the
administrator
director
16
shall
order
the
issuance
of
the
license
or
permit.
If
the
17
administrator
director
determines
that
the
applicant
does
not
18
comply
with
the
requirements
for
holding
a
license
or
permit,
19
the
administrator
director
shall
disapprove
the
issuance
of
the
20
license
or
permit.
21
8.
Judicial
review.
The
applicant
or
the
local
22
authority
may
seek
judicial
review
of
the
action
of
the
23
administrator
director
in
accordance
with
the
terms
of
the
Iowa
24
administrative
procedure
Act,
chapter
17A
.
Notwithstanding
25
the
terms
of
the
Iowa
administrative
procedure
Act,
chapter
26
17A
,
petitions
for
judicial
review
may
be
filed
in
the
27
district
court
of
the
county
where
the
premises
covered
by
the
28
application
are
situated.
29
9.
Suspension
by
local
authority.
A
retail
alcohol
licensee
30
whose
license
has
been
suspended
or
revoked
or
a
civil
penalty
31
imposed
by
a
local
authority
for
a
violation
of
this
chapter
32
or
suspended
by
a
local
authority
for
violation
of
a
local
33
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ordinance
may
appeal
the
suspension,
revocation,
or
civil
34
penalty
to
the
administrator
director
.
The
administrator
35
director
may
appoint
a
member
of
the
division
department
or
1
may
request
an
administrative
law
judge
from
the
department
2
of
inspections
and
appeals
to
hear
the
appeal
which
shall
3
be
conducted
in
accordance
with
chapter
17A
and
to
issue
a
4
proposed
decision.
The
administrator
director
may
review
the
5
proposed
decision
upon
the
motion
of
a
party
to
the
appeal
or
6
upon
the
administrator’s
director’s
own
motion
in
accordance
7
with
chapter
17A
.
Upon
review
of
the
proposed
decision,
the
8
administrator
director
may
affirm,
reverse,
or
modify
the
9
proposed
decision.
A
retail
alcohol
licensee
or
a
local
10
authority
aggrieved
by
a
decision
of
the
administrator
director
11
may
seek
judicial
review
of
the
decision
pursuant
to
chapter
12
17A
.
13
Sec.
2395.
Section
123.33,
Code
2023,
is
amended
to
read
as
14
follows:
15
123.33
Records.
16
Every
holder
of
a
license
or
permit
under
this
chapter
17
shall
maintain
records,
in
printed
or
electronic
format,
18
which
include
income
statements,
balance
sheets,
purchase
and
19
sales
invoices,
purchase
and
sales
ledgers,
and
any
other
20
records
as
the
administrator
director
may
require.
The
records
21
required
and
the
premises
of
the
licensee
or
permittee
shall
be
22
accessible
and
open
to
inspection
pursuant
to
section
123.30,
23
subsection
1
,
during
normal
business
hours
of
the
licensee
or
24
permittee.
25
Sec.
2396.
Section
123.34,
subsection
1,
paragraph
a,
Code
26
2023,
is
amended
to
read
as
follows:
27
a.
The
administrator
director
may
issue
eight-month
seasonal
28
class
“C”,
special
class
“C”,
class
“D”,
and
class
“F”
retail
29
alcohol
licenses.
30
Sec.
2397.
Section
123.34,
subsection
2,
paragraph
a,
Code
31
2023,
is
amended
to
read
as
follows:
32
a.
The
administrator
director
may
issue
fourteen-day
class
33
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“C”,
special
class
“C”,
class
“D”,
and
class
“F”
retail
alcohol
34
licenses.
35
Sec.
2398.
Section
123.34,
subsection
3,
paragraph
a,
Code
1
2023,
is
amended
to
read
as
follows:
2
a.
The
administrator
director
may
issue
five-day
class
“C”,
3
special
class
“C”,
class
“D”,
and
class
“F”
retail
alcohol
4
licenses.
5
Sec.
2399.
Section
123.35,
subsection
2,
unnumbered
6
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
7
Notwithstanding
section
123.31
and
any
other
provision
8
of
this
chapter
to
the
contrary,
a
class
“E”
retail
alcohol
9
license
shall
automatically
renew
without
the
endorsement
of
10
a
local
authority
or
approval
by
the
administrator
director
11
upon
collection
of
the
annual
fee
by
the
division
department
,
12
provided
all
of
the
following
conditions
are
met
since
the
13
preceding
license
was
issued:
14
Sec.
2400.
Section
123.35,
subsection
2,
paragraphs
a,
e,
15
and
h,
Code
2023,
are
amended
to
read
as
follows:
16
a.
The
licensee
has
given
written
consent
to
the
division
17
department
to
have
the
license
automatically
renewed
as
18
provided
in
this
section
.
19
e.
The
licensee
has
not
submitted
payment
for
alcoholic
20
liquor
to
the
division
department
that
was
subsequently
21
dishonored.
22
h.
A
local
authority
has
not
notified
the
division
23
department
,
in
a
manner
established
by
the
division
department
24
and
made
available
to
local
authorities,
that
automatic
renewal
25
should
not
occur
and
that
further
review
of
the
licensee
by
26
the
division
department
and
the
applicable
local
authority
is
27
warranted.
28
Sec.
2401.
Section
123.35,
subsection
3,
unnumbered
29
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
30
Notwithstanding
sections
123.23
,
123.135
,
123.180
,
and
any
31
other
provision
of
this
chapter
to
the
contrary,
a
distiller’s,
32
brewer’s,
or
vintner’s
certificate
of
compliance
shall
33
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automatically
renew
without
approval
by
the
administrator
34
director
upon
collection
of
the
annual
fee
by
the
division
35
department
,
provided
all
of
the
following
conditions
are
met
1
since
the
preceding
certificate
was
issued:
2
Sec.
2402.
Section
123.35,
subsection
3,
paragraph
a,
Code
3
2023,
is
amended
to
read
as
follows:
4
a.
The
certificate
holder
has
given
written
consent
to
5
the
division
department
to
have
the
certificate
automatically
6
renewed
as
provided
in
this
section
.
7
Sec.
2403.
Section
123.35,
subsection
4,
unnumbered
8
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
9
Notwithstanding
section
123.187
and
any
other
provision
of
10
this
chapter
to
the
contrary,
a
wine
direct
shipper’s
permit
11
shall
automatically
renew
without
approval
by
the
administrator
12
director
upon
collection
of
the
annual
fee
by
the
division
13
department
,
provided
all
of
the
following
conditions
are
met
14
since
the
preceding
permit
was
issued:
15
Sec.
2404.
Section
123.35,
subsection
4,
paragraph
a,
Code
16
2023,
is
amended
to
read
as
follows:
17
a.
The
permittee
has
given
written
consent
to
the
division
18
department
to
have
the
permit
automatically
renewed
as
provided
19
in
this
section
.
20
Sec.
2405.
Section
123.36,
subsection
1,
unnumbered
21
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
22
The
following
fees
shall
be
paid
to
the
division
department
23
annually
for
retail
alcohol
licenses
issued
under
section
24
123.30
:
25
Sec.
2406.
Section
123.36,
subsection
2,
Code
2023,
is
26
amended
to
read
as
follows:
27
2.
The
division
department
shall
credit
all
fees
to
the
beer
28
and
liquor
control
fund.
The
division
department
shall
remit
29
to
the
appropriate
local
authority
a
sum
equal
to
sixty-five
30
percent
of
the
fees
collected
for
each
class
“B”,
class
“C”,
31
or
class
“F”
license
except
special
class
“C”
licenses
or
32
class
“E”
licenses,
covering
premises
located
within
the
local
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authority’s
jurisdiction.
The
division
department
shall
remit
34
to
the
appropriate
local
authority
a
sum
equal
to
seventy-five
35
percent
of
the
fees
collected
for
each
special
class
“C”
1
license
covering
premises
located
within
the
local
authority’s
2
jurisdiction.
Those
fees
collected
for
each
class
“E”
retail
3
alcohol
license
shall
be
credited
to
the
beer
and
liquor
4
control
fund.
5
Sec.
2407.
Section
123.37,
subsections
2,
3,
and
4,
Code
6
2023,
are
amended
to
read
as
follows:
7
2.
The
administrator
director
may
compromise
and
settle
8
doubtful
and
disputed
claims
for
taxes
imposed
under
9
this
chapter
or
for
taxes
of
doubtful
collectibility,
10
notwithstanding
section
7D.9
.
The
administrator
director
may
11
enter
into
informal
settlements
pursuant
to
section
17A.10
to
12
compromise
and
settle
doubtful
and
disputed
claims
for
taxes
13
imposed
under
this
chapter
.
The
administrator
director
may
14
make
a
claim
under
a
licensee’s
or
permittee’s
penal
bond
for
15
taxes
of
doubtful
collectibility.
Whenever
a
compromise
or
16
settlement
is
made,
the
administrator
director
shall
make
a
17
complete
record
of
the
case
showing
the
tax
assessed,
reports
18
and
audits,
if
any,
the
licensee’s
or
permittee’s
grounds
for
19
dispute
or
contest,
together
with
all
evidence
of
the
dispute
20
or
contest,
and
the
amounts,
conditions,
and
settlement
or
21
compromise
of
the
dispute
or
contest.
22
3.
A
licensee
or
permittee
who
disputes
the
amount
of
tax
23
imposed
must
pay
all
tax
and
penalty
pertaining
to
the
disputed
24
tax
liability
prior
to
appealing
the
disputed
tax
liability
to
25
the
administrator
director
.
26
4.
The
administrator
director
shall
adopt
rules
27
establishing
procedures
for
payment
of
disputed
taxes
imposed
28
under
this
chapter
.
If
it
is
determined
that
the
tax
is
not
29
due
in
whole
or
in
part,
the
division
department
shall
promptly
30
refund
the
part
of
the
tax
payment
which
is
determined
not
to
31
be
due.
32
Sec.
2408.
Section
123.38,
subsection
1,
Code
2023,
is
33
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amended
to
read
as
follows:
34
1.
A
retail
alcohol
license,
wine
permit,
or
beer
permit
35
is
a
personal
privilege
and
is
revocable
for
cause.
It
is
not
1
property
nor
is
it
subject
to
attachment
and
execution
nor
2
alienable
nor
assignable,
and
it
shall
cease
upon
the
death
3
of
the
permittee
or
licensee.
However,
the
administrator
of
4
the
division
director
may
in
the
administrator’s
director’s
5
discretion
allow
the
executor
or
administrator
of
the
estate
of
6
a
permittee
or
licensee
to
operate
the
business
of
the
decedent
7
for
a
reasonable
time
not
to
exceed
the
expiration
date
of
the
8
permit
or
license.
Every
permit
or
license
shall
be
issued
in
9
the
name
of
the
applicant
and
no
person
holding
a
permit
or
10
license
shall
allow
any
other
person
to
use
it.
11
Sec.
2409.
Section
123.38,
subsection
2,
paragraph
a,
12
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
13
follows:
14
Any
licensee
or
permittee,
or
the
executor
or
administrator
15
of
the
estate
of
a
licensee
or
permittee,
or
any
person
duly
16
appointed
by
the
court
to
take
charge
of
and
administer
the
17
property
or
assets
of
the
licensee
or
permittee
for
the
benefit
18
of
the
licensee’s
or
permittee’s
creditors,
may
voluntarily
19
surrender
a
license
or
permit
to
the
division
department
.
When
20
a
license
or
permit
is
surrendered
,
the
division
department
21
shall
notify
the
local
authority,
and
the
division
department
22
or
the
local
authority
shall
refund
to
the
person
surrendering
23
the
license
or
permit,
a
proportionate
amount
of
the
fee
24
received
by
the
division
department
or
the
local
authority
for
25
the
license
or
permit
as
follows:
26
Sec.
2410.
Section
123.38,
subsection
2,
paragraphs
b
and
c,
27
Code
2023,
are
amended
to
read
as
follows:
28
b.
For
purposes
of
this
subsection
,
any
portion
of
license
29
or
permit
fees
used
for
the
purposes
authorized
in
section
30
331.424,
subsection
1
,
paragraph
“a”
,
subparagraphs
(1)
and
31
(2),
shall
not
be
deemed
received
either
by
the
division
32
department
or
by
a
local
authority.
33
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c.
No
refund
shall
be
made
to
any
licensee
or
permittee
upon
34
the
surrender
of
the
license
or
permit
if
there
is
at
the
time
35
of
surrender
a
complaint
filed
with
the
division
department
1
or
local
authority
charging
the
licensee
or
permittee
with
a
2
violation
of
this
chapter
.
3
Sec.
2411.
Section
123.38,
subsection
3,
Code
2023,
is
4
amended
to
read
as
follows:
5
3.
The
local
authority
may
in
its
discretion
authorize
a
6
licensee
or
permittee
to
transfer
the
license
or
permit
from
7
one
location
to
another
within
the
same
incorporated
city,
8
or
within
a
county
outside
the
corporate
limits
of
a
city,
9
provided
that
the
premises
to
which
the
transfer
is
to
be
made
10
would
have
been
eligible
for
a
license
or
permit
in
the
first
11
instance
and
such
transfer
will
not
result
in
the
violation
12
of
any
law.
All
transfers
authorized,
and
the
particulars
13
of
same,
shall
be
reported
to
the
administrator
director
14
by
the
local
authority.
The
administrator
director
may
by
15
rule
establish
a
uniform
transfer
fee
to
be
assessed
by
all
16
local
authorities
upon
licensees
or
permittees
to
cover
the
17
administrative
costs
of
such
transfers,
such
fee
to
be
retained
18
by
the
local
authority
involved.
19
Sec.
2412.
Section
123.38A,
Code
2023,
is
amended
to
read
20
as
follows:
21
123.38A
Confidential
investigative
records.
22
In
order
to
assure
a
free
flow
of
information
for
23
accomplishing
the
purposes
of
section
123.4
and
section
24
123.9,
subsection
6
,
all
complaint
information,
investigation
25
files,
audit
files,
and
inspection
files,
other
investigation
26
reports,
and
other
investigative
information
in
the
possession
27
of
the
division
department
or
employees
acting
under
the
28
authority
of
the
administrator
director
under
this
chapter
29
are
privileged
and
confidential,
and
are
not
subject
to
30
discovery,
subpoena,
or
other
means
of
legal
compulsion
for
31
their
release
before
administrative
or
criminal
charges
are
32
filed.
However,
investigative
information
in
the
possession
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of
division
department
employees
under
this
chapter
may
be
34
disclosed
to
the
licensing
authorities
of
a
city
or
county
35
within
this
state,
in
another
state,
the
District
of
Columbia,
1
or
territory
or
county
in
which
the
licensee
or
permittee
is
2
licensed
or
permitted
or
has
applied
for
a
license
or
permit.
3
In
addition,
the
investigative
information
can
be
shared
with
4
any
law
enforcement
agency
or
other
state
agency
that
also
5
has
investigative,
regulatory,
or
enforcement
jurisdiction
6
authorized
by
law.
Records
received
by
the
division
department
7
for
purposes
of
this
chapter
from
other
agencies
which
would
8
be
confidential
if
created
by
the
division
department
are
9
considered
confidential.
10
Sec.
2413.
Section
123.39,
subsections
1
and
4,
Code
2023,
11
are
amended
to
read
as
follows:
12
1.
a.
(1)
The
administrator
director
or
the
local
13
authority
may
suspend
a
class
“B”,
special
class
“B”
native
14
wine,
class
“C”,
special
class
“C”,
class
“E”,
or
class
“F”
15
retail
alcohol
license,
or
charity
beer,
spirits,
and
wine
16
special
event
license
for
a
period
not
to
exceed
one
year,
17
revoke
the
license,
or
impose
a
civil
penalty
not
to
exceed
one
18
thousand
dollars
per
violation.
19
(2)
The
administrator
director
may
suspend
a
certificate
20
of
compliance,
a
class
“D”
retail
alcohol
license,
a
21
manufacturer’s
license,
a
broker’s
permit,
a
class
“A”
native
22
distilled
spirits
license,
a
class
“A”
or
special
class
“A”
23
beer
permit,
a
class
“A”
wine
permit,
a
wine
direct
shipper’s
24
permit,
or
a
wine
carrier
permit
for
a
period
not
to
exceed
one
25
year,
revoke
the
license,
permit,
or
certificate,
or
impose
a
26
civil
penalty
not
to
exceed
one
thousand
dollars
per
violation.
27
b.
A
license,
permit,
or
certificate
of
compliance
issued
28
under
this
chapter
may
be
suspended
or
revoked,
or
a
civil
29
penalty
may
be
imposed
for
any
of
the
following
causes:
30
(1)
Misrepresentation
of
any
material
fact
in
the
31
application
for
the
license,
permit,
or
certificate.
32
(2)
Violation
of
any
of
the
provisions
of
this
chapter
.
33
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(3)
Any
change
in
the
ownership
or
interest
in
the
business
34
operated
under
a
retail
alcohol
license
which
change
was
not
35
previously
reported
in
a
manner
prescribed
by
the
administrator
1
director
within
thirty
days
of
the
change
and
subsequently
2
approved
by
the
local
authority,
when
applicable,
and
the
3
division
department
.
4
(4)
An
event
which
would
have
resulted
in
disqualification
5
from
receiving
the
license,
permit,
or
certificate
when
6
originally
issued.
7
(5)
Any
sale,
hypothecation,
or
transfer
of
the
license,
8
permit,
or
certificate.
9
(6)
The
failure
or
refusal
on
the
part
of
any
license,
10
permit,
or
certificate
holder
to
render
any
report
or
remit
any
11
taxes
to
the
division
department
under
this
chapter
when
due.
12
c.
A
criminal
conviction
is
not
a
prerequisite
to
13
suspension,
revocation,
or
imposition
of
a
civil
penalty
14
pursuant
to
this
section
.
15
d.
A
local
authority
which
acts
pursuant
to
this
section
,
16
section
123.32
,
or
section
123.50
shall
notify
the
division
17
department
in
writing
of
the
action
taken,
and
shall
notify
the
18
license
or
permit
holder
of
the
right
to
appeal
a
suspension,
19
revocation,
or
imposition
of
a
civil
penalty
to
the
division
20
department
.
21
e.
Before
suspension,
revocation,
or
imposition
of
a
civil
22
penalty
by
the
administrator
director
,
the
license,
permit,
23
or
certificate
holder
shall
be
given
written
notice
and
an
24
opportunity
for
a
hearing.
The
administrator
director
may
25
appoint
a
member
of
the
division
department
or
may
request
an
26
administrative
law
judge
from
the
department
of
inspections
27
and
appeals
to
conduct
the
hearing
and
issue
a
proposed
28
decision.
Upon
the
motion
of
a
party
to
the
hearing
or
upon
29
the
administrator’s
director’s
own
motion,
the
administrator
30
director
may
review
the
proposed
decision
in
accordance
31
with
chapter
17A
.
Upon
review
of
the
proposed
decision,
the
32
administrator
director
may
affirm,
reverse,
or
modify
the
33
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proposed
decision.
A
license,
permit,
or
certificate
holder
34
aggrieved
by
a
decision
of
the
administrator
director
may
seek
35
judicial
review
of
the
administrator’s
director’s
decision
in
1
accordance
with
chapter
17A
.
2
f.
Civil
penalties
imposed
and
collected
by
the
local
3
authority
under
this
section
shall
be
retained
by
the
local
4
authority.
Civil
penalties
imposed
and
collected
by
the
5
division
department
under
this
section
shall
be
credited
to
6
the
general
fund
of
the
state
pursuant
to
section
123.17,
7
subsection
9
.
8
4.
If
the
cause
for
suspension
is
a
first
offense
9
violation
of
section
123.49,
subsection
2
,
paragraph
“h”
,
10
the
administrator
director
or
local
authority
shall
impose
a
11
civil
penalty
in
the
amount
of
five
hundred
dollars
in
lieu
of
12
suspension
of
the
license
or
permit.
13
Sec.
2414.
Section
123.41,
subsections
1,
2,
3,
and
4,
Code
14
2023,
are
amended
to
read
as
follows:
15
1.
Each
completed
application
to
obtain
or
renew
a
16
manufacturer’s
license
shall
be
submitted
to
the
division
17
department
electronically,
or
in
a
manner
prescribed
by
the
18
administrator
director
,
and
shall
be
accompanied
by
a
fee
of
19
three
hundred
dollars
payable
to
the
division
department
.
The
20
administrator
director
may
in
accordance
with
this
chapter
21
grant
and
issue
to
a
manufacturer
a
manufacturer’s
license,
22
valid
for
a
one-year
period
after
date
of
issuance,
which
shall
23
allow
the
manufacture,
storage,
and
wholesale
disposition
and
24
sale
of
alcoholic
liquors
to
the
division
department
and
to
25
customers
outside
of
the
state.
26
2.
As
a
condition
precedent
to
the
approval
and
granting
27
of
a
manufacturer’s
license,
an
applicant
shall
file
with
the
28
division
department
a
basic
permit
issued
by
the
alcohol
and
29
tobacco
tax
and
trade
bureau
of
the
United
States
department
30
of
the
treasury,
and
a
statement
under
oath
that
the
applicant
31
will
faithfully
observe
and
comply
with
all
laws,
rules,
and
32
regulations
governing
the
manufacture
and
sale
of
alcoholic
33
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liquor.
34
3.
A
person
who
holds
an
experimental
distilled
spirits
35
plant
permit
or
its
equivalent
issued
by
the
alcohol
and
1
tobacco
tax
and
trade
bureau
of
the
United
States
department
2
of
the
treasury
may
produce
alcohol
for
use
as
fuel
without
3
obtaining
a
manufacturer’s
license
from
the
division
4
department
.
5
4.
A
person
who
holds
a
manufacturer’s
license
shall
file
6
with
the
division
department
,
on
or
before
the
fifteenth
day
of
7
each
calendar
month,
all
documents
filed
by
the
manufacturer
8
with
the
alcohol
and
tobacco
tax
and
trade
bureau
of
the
United
9
States
department
of
the
treasury,
including
all
production,
10
storage,
and
processing
reports.
11
Sec.
2415.
Section
123.42,
subsections
1
and
2,
Code
2023,
12
are
amended
to
read
as
follows:
13
1.
Prior
to
representing
or
promoting
alcoholic
liquor
14
products
in
the
state,
the
broker
shall
submit
a
completed
15
application
to
the
division
department
electronically,
or
in
a
16
manner
prescribed
by
the
administrator
director
,
for
a
broker’s
17
permit.
The
administrator
director
may
in
accordance
with
this
18
chapter
issue
a
broker’s
permit
which
shall
be
valid
for
one
19
year
from
the
date
of
issuance
unless
it
is
sooner
suspended
or
20
revoked
for
a
violation
of
this
chapter
.
21
2.
At
the
time
of
applying
for
a
broker’s
permit,
each
22
applicant
shall
submit
to
the
division
department
a
list
of
23
names
and
addresses
of
all
manufacturers,
distillers,
and
24
importers
whom
the
applicant
has
been
appointed
to
represent
25
in
the
state
of
Iowa
for
any
purpose.
The
listing
shall
be
26
amended
by
the
broker
as
necessary
to
keep
the
listing
current
27
with
the
division
department
.
28
Sec.
2416.
Section
123.43,
subsection
1,
unnumbered
29
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
30
A
person
applying
for
a
class
“A”
native
distilled
spirits
31
license
shall
submit
an
application
electronically,
or
in
a
32
manner
prescribed
by
the
administrator
director
,
which
shall
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set
forth
under
oath
the
following:
34
Sec.
2417.
Section
123.43,
subsection
1,
paragraphs
e
and
g,
35
Code
2023,
are
amended
to
read
as
follows:
1
e.
When
required
by
the
administrator
director
,
and
in
2
such
form
and
containing
such
information
as
the
administrator
3
director
may
require,
a
description
of
the
premises
where
the
4
applicant
intends
to
use
the
license,
to
include
a
sketch
or
5
drawing
of
the
premises
and,
if
applicable,
the
number
of
6
square
feet
of
interior
floor
space
which
comprises
the
retail
7
sales
area
of
the
premises.
8
g.
Any
other
information
as
required
by
the
administrator
9
director
.
10
Sec.
2418.
Section
123.43,
subsection
2,
unnumbered
11
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
12
Except
as
otherwise
provided
in
this
chapter
,
the
13
administrator
director
shall
issue
a
class
“A”
native
distilled
14
spirits
license
to
any
applicant
who
establishes
all
of
the
15
following:
16
Sec.
2419.
Section
123.43,
subsection
2,
paragraph
d,
Code
17
2023,
is
amended
to
read
as
follows:
18
d.
That
the
applicant
has
filed
with
the
division
department
19
a
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
20
bureau
of
the
United
States
department
of
the
treasury,
and
21
that
the
applicant
will
faithfully
observe
and
comply
with
all
22
laws,
rules,
and
regulations
governing
the
manufacture
and
sale
23
of
alcoholic
liquor.
24
Sec.
2420.
Section
123.43A,
subsections
1,
3,
4,
and
5,
Code
25
2023,
are
amended
to
read
as
follows:
26
1.
Subject
to
rules
of
the
division
department
,
a
native
27
distillery
holding
a
class
“A”
native
distilled
spirits
license
28
issued
pursuant
to
section
123.43
may
sell
or
offer
for
sale
29
native
distilled
spirits.
As
provided
in
this
section
,
sales
30
of
native
distilled
spirits
manufactured
on
the
premises
may
31
be
made
at
retail
for
off-premises
consumption
when
sold
on
32
the
premises
of
the
native
distillery
that
manufactures
native
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distilled
spirits.
All
sales
intended
for
resale
in
this
34
state
shall
be
made
through
the
state’s
wholesale
distribution
35
system.
1
3.
A
native
distillery
shall
not
sell
native
distilled
2
spirits
other
than
as
permitted
in
this
chapter
and
shall
3
not
allow
native
distilled
spirits
sold
for
consumption
off
4
the
premises
to
be
consumed
upon
the
premises
of
the
native
5
distillery.
However,
native
distilled
spirits
may
be
tasted
6
pursuant
to
the
rules
of
the
division
department
on
the
7
premises
where
fermented,
distilled,
or
matured,
when
no
charge
8
is
made
for
the
tasting.
9
4.
The
sale
of
native
distilled
spirits
to
the
division
10
department
for
wholesale
disposition
and
sale
by
the
division
11
department
shall
be
subject
to
the
requirements
of
this
chapter
12
regarding
such
disposition
and
sale.
13
5.
A
native
distillery
issued
a
class
“A”
native
distilled
14
spirits
license
shall
file
with
the
division
department
,
on
or
15
before
the
fifteenth
day
of
each
calendar
month,
all
documents
16
filed
by
the
native
distillery
with
the
alcohol
and
tobacco
17
tax
and
trade
bureau
of
the
United
States
department
of
the
18
treasury,
including
all
production,
storage,
and
processing
19
reports.
20
Sec.
2421.
Section
123.44,
Code
2023,
is
amended
to
read
as
21
follows:
22
123.44
Gifts
prohibited.
23
A
manufacturer
or
broker
shall
not
give
away
alcoholic
24
liquor
at
any
time
in
connection
with
the
manufacturer’s
or
25
broker’s
business
except
for
testing
or
sampling
purposes
only.
26
A
manufacturer,
distiller,
vintner,
brewer,
broker,
wholesaler,
27
or
importer,
organized
as
a
corporation
pursuant
to
the
laws
of
28
this
state
or
any
other
state,
who
deals
in
alcoholic
beverages
29
subject
to
regulation
under
this
chapter
shall
not
offer
or
30
give
anything
of
value
to
a
commission
member,
official
or
31
employee
of
the
division
department
under
this
chapter
,
or
32
directly
or
indirectly
contribute
in
any
manner
any
money
or
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thing
of
value
to
a
person
seeking
a
public
or
appointive
34
office
or
a
recognized
political
party
or
a
group
of
persons
35
seeking
to
become
a
recognized
political
party.
1
Sec.
2422.
Section
123.46A,
subsection
2,
Code
2023,
is
2
amended
to
read
as
follows:
3
2.
Licensees
authorized
to
sell
wine,
beer,
or
mixed
drinks
4
or
cocktails
for
consumption
off
the
licensed
premises
in
a
5
container
other
than
the
original
container
may
deliver
the
6
wine,
beer,
or
mixed
drinks
or
cocktails
to
a
home
or
other
7
designated
location
in
this
state
only
if
the
container
other
8
than
the
original
container
has
been
sold
and
securely
sealed
9
in
compliance
with
this
chapter
or
the
rules
of
the
division
10
department
.
Deliveries
shall
be
limited
to
alcoholic
beverages
11
authorized
by
the
licensee’s
license
or
permit.
12
Sec.
2423.
Section
123.46A,
subsection
3,
paragraph
g,
Code
13
2023,
is
amended
to
read
as
follows:
14
g.
Delivery
of
alcoholic
liquor,
wine,
beer,
or
mixed
drinks
15
or
cocktails
shall
be
made
by
the
licensee,
the
licensee’s
16
employee,
or
a
third
party,
provided
the
licensee
has
entered
17
into
a
written
agreement
with
the
third
party
that
authorizes
18
the
third
party
to
act
as
an
agent
of
the
licensee
for
the
19
purpose
of
delivering
alcoholic
liquor,
wine,
beer,
or
mixed
20
drinks
or
cocktails.
Each
licensee
shall
submit
to
the
21
division
department
electronically,
or
in
a
manner
prescribed
22
by
the
administrator
director
,
a
list
of
names
and
addresses
of
23
all
third
parties
it
has
authorized
to
act
as
its
agent
for
the
24
purpose
of
delivering
alcoholic
liquor,
wine,
beer,
or
mixed
25
drinks
or
cocktails.
The
licensee
shall
provide
the
division
26
department
with
amendments
to
the
list
as
necessary
to
ensure
27
the
division
department
possesses
an
accurate,
current
list.
28
Sec.
2424.
Section
123.49,
subsection
2,
paragraph
d,
29
subparagraphs
(1),
(2),
and
(3),
Code
2023,
are
amended
to
read
30
as
follows:
31
(1)
Keep
on
premises
covered
by
a
retail
alcohol
license
any
32
alcoholic
liquor
in
any
container
except
the
original
package
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purchased
from
the
division
department
,
and
except
mixed
drinks
34
or
cocktails
mixed
on
the
premises
for
immediate
consumption
35
on
the
licensed
premises
or
as
otherwise
provided
by
this
1
paragraph
“d”
.
This
prohibition
does
not
apply
to
holders
2
of
a
class
“D”
retail
alcohol
license
or
to
alcoholic
liquor
3
delivered
in
accordance
with
section
123.46A
.
4
(2)
Mixed
drinks
or
cocktails
mixed
on
the
premises
that
are
5
not
for
immediate
consumption
may
be
consumed
on
the
licensed
6
premises
subject
to
the
requirements
of
this
subparagraph
7
pursuant
to
rules
adopted
by
the
division
department
.
The
8
rules
shall
provide
that
the
mixed
drinks
or
cocktails
be
9
stored,
for
no
longer
than
seventy-two
hours,
in
a
labeled
10
container
in
a
quantity
that
does
not
exceed
three
gallons.
11
The
rules
shall
also
provide
that
added
flavors
and
other
12
nonbeverage
ingredients
included
in
the
mixed
drinks
or
13
cocktails
shall
not
include
hallucinogenic
substances
or
added
14
caffeine
or
other
added
stimulants
including
but
not
limited
to
15
guarana,
ginseng,
and
taurine.
The
rules
shall
also
require
16
that
the
licensee
keep
records
as
to
when
the
contents
in
17
a
particular
container
were
mixed
and
the
recipe
used
for
18
that
mixture.
In
addition,
mixed
drinks
or
cocktails
mixed
19
on
the
premises
pursuant
to
this
subparagraph
may
be
sold
20
for
consumption
off
the
licensed
premises
as
provided
in
and
21
subject
to
the
requirements
of
subparagraph
(3).
22
(3)
Mixed
drinks
or
cocktails
mixed
on
premises
covered
23
by
a
class
“C”
retail
alcohol
license
for
consumption
off
the
24
licensed
premises
may
be
sold
if
the
mixed
drink
or
cocktail
is
25
immediately
filled
in
a
sealed
container
and
is
promptly
taken
26
from
the
licensed
premises
prior
to
consumption
of
the
mixed
27
drink
or
cocktail.
A
mixed
drink
or
cocktail
that
is
sold
in
a
28
sealed
container
in
compliance
with
the
requirements
of
this
29
subparagraph
and
rules
adopted
by
the
division
department
shall
30
not
be
deemed
an
open
container
subject
to
the
requirements
31
of
sections
321.284
and
321.284A
if
the
sealed
container
is
32
unopened
and
the
seal
has
not
been
tampered
with,
and
the
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contents
of
the
container
have
not
been
partially
removed.
34
Sec.
2425.
Section
123.50,
subsection
2,
Code
2023,
is
35
amended
to
read
as
follows:
1
2.
The
conviction
of
any
retail
alcohol
licensee
for
a
2
violation
of
any
of
the
provisions
of
section
123.49
,
subject
3
to
subsection
3
of
this
section
,
is
grounds
for
the
suspension
4
or
revocation
of
the
license
or
permit
by
the
division
5
department
or
the
local
authority.
However,
if
any
retail
6
alcohol
licensee
is
convicted
of
any
violation
of
section
7
123.49,
subsection
2
,
paragraph
“a”
or
“e”
,
or
any
retail
8
alcohol
licensee,
excluding
a
special
class
“B”
or
class
“D”
9
retail
alcohol
licensee,
is
convicted
of
a
violation
of
section
10
123.49,
subsection
2
,
paragraph
“d”
,
the
retail
alcohol
license
11
shall
be
revoked
and
shall
immediately
be
surrendered
by
the
12
holder,
and
the
bond,
if
any,
of
the
license
holder
shall
be
13
forfeited
to
the
division
department
.
However,
the
division
14
department
shall
retain
only
that
portion
of
the
bond
equal
15
to
the
amount
the
division
department
determines
the
license
16
holder
owes
the
division
department
.
17
Sec.
2426.
Section
123.50,
subsection
3,
unnumbered
18
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
19
If
any
retail
alcohol
licensee
or
employee
of
a
licensee
is
20
convicted
or
found
in
violation
of
section
123.49,
subsection
21
2
,
paragraph
“h”
,
the
administrator
director
or
local
authority
22
shall,
in
addition
to
criminal
penalties
fixed
for
violations
23
by
this
section
,
assess
a
civil
penalty
as
follows:
24
Sec.
2427.
Section
123.50,
subsection
4,
Code
2023,
is
25
amended
to
read
as
follows:
26
4.
In
addition
to
any
other
penalties
imposed
under
this
27
chapter
,
the
division
department
shall
assess
a
civil
penalty
28
up
to
the
amount
of
five
thousand
dollars
upon
a
class
“E”
29
retail
alcohol
licensee
when
the
class
“E”
retail
alcohol
30
license
is
revoked
for
a
violation
of
section
123.59
.
Failure
31
to
pay
the
civil
penalty
as
required
under
this
subsection
32
shall
result
in
forfeiture
of
the
bond
to
the
division
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department
.
However,
the
division
department
shall
retain
34
only
that
portion
of
the
bond
equal
to
the
amount
the
division
35
department
determines
the
license
or
permit
holder
owes
the
1
division
department
.
2
Sec.
2428.
Section
123.50A,
subsections
1,
2,
and
4,
Code
3
2023,
are
amended
to
read
as
follows:
4
1.
If
sufficient
funding
is
appropriated,
the
division
5
department
shall
develop
an
alcohol
compliance
employee
6
training
program,
not
to
exceed
two
hours
in
length
for
7
employees
and
prospective
employees
of
licensees
and
8
permittees,
to
inform
the
employees
about
state
laws
and
9
regulations
regarding
the
sale
of
alcoholic
beverages
to
10
persons
under
legal
age,
and
compliance
with
and
the
importance
11
of
laws
regarding
the
sale
of
alcoholic
beverages
to
persons
12
under
legal
age.
In
developing
the
alcohol
compliance
employee
13
training
program,
the
division
department
may
consult
with
14
stakeholders
who
have
expertise
in
the
laws
and
regulations
15
regarding
the
sale
of
alcoholic
beverages
to
persons
under
16
legal
age.
17
2.
The
alcohol
compliance
employee
training
program
shall
18
be
made
available
to
employees
and
prospective
employees
19
of
licensees
and
permittees
at
no
cost
to
the
employee,
20
the
prospective
employee,
or
the
licensee
or
permittee,
and
21
in
a
manner
which
is
as
convenient
and
accessible
to
the
22
extent
practicable
throughout
the
state
so
as
to
encourage
23
attendance.
Contingent
upon
the
availability
of
specified
24
funds
for
provision
of
the
program,
the
division
department
25
shall
schedule
the
program
on
at
least
a
monthly
basis
and
the
26
program
shall
be
available
at
a
location
in
at
least
a
majority
27
of
counties.
28
4.
The
division
department
shall
also
offer
periodic
29
continuing
employee
training
and
recertification
for
employees
30
who
have
completed
initial
training
and
received
an
initial
31
certificate
of
completion
as
part
of
the
alcohol
compliance
32
employee
training
program.
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Sec.
2429.
Section
123.56,
subsections
3
and
4,
Code
2023,
34
are
amended
to
read
as
follows:
35
3.
Upon
filing
a
suit
in
equity
in
district
court
pursuant
1
to
subsection
2
,
the
county
attorney
or
city
attorney
shall
2
notify
the
administrator
director
of
the
action.
Upon
3
receiving
notice,
the
administrator
director
shall
issue
an
4
order
reducing
the
hours
during
which
alcoholic
beverages
may
5
be
sold
or
consumed
at
retail
on
the
licensed
premises
to
6
between
6:00
a.m.
and
10:00
p.m.
each
day
of
the
week
during
7
the
pendency
of
the
action
in
equity.
The
county
attorney
or
8
city
attorney
shall
notify
the
administrator
director
of
any
9
final
action
or
judgment
entered
resulting
from
the
action.
10
4.
In
an
action
seeking
abatement
of
a
public
safety
11
nuisance
as
provided
in
this
section
,
evidence
of
other
12
current
violations
of
this
chapter
may
be
received
by
the
13
court
and
considered
in
determining
the
remedial
provisions
14
of
any
abatement
order.
In
addition,
evidence
of
prior
15
sanctions,
violations
of
law,
nuisance
behavior,
or
general
16
reputation
relating
to
the
licensed
premises
may
be
admissible
17
in
determining
the
reasonableness
of
remedial
provisions
of
an
18
abatement
order.
However,
evidence
of
a
prior
conviction
of
19
the
licensee,
managers,
employees,
or
contemporaneous
patrons
20
and
guests
is
not
necessary
for
purposes
of
considering
or
21
issuing
an
abatement
order
under
this
section
.
In
an
action
22
under
this
section
,
the
administrator
director
may
submit
23
to
the
court
a
report
as
evidence
on
behalf
of
the
division
24
department
regarding
the
compliance
history
of
the
licensee
or
25
permittee
for
consideration
by
the
court.
26
Sec.
2430.
Section
123.57,
Code
2023,
is
amended
to
read
as
27
follows:
28
123.57
Examination
of
accounts.
29
The
financial
condition
and
transactions
of
all
offices,
30
departments,
warehouses,
and
depots
of
concerning
the
division
31
alcohol
beverage
control
activities
of
the
department
shall
be
32
examined
at
least
once
each
year
by
the
state
auditor
and
at
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shorter
periods
if
requested
by
the
administrator
director
,
34
governor,
commission,
or
the
general
assembly’s
standing
35
committees
on
government
oversight.
1
Sec.
2431.
Section
123.58,
Code
2023,
is
amended
to
read
as
2
follows:
3
123.58
Auditing.
4
All
provisions
of
sections
11.6
,
11.11
,
11.14
,
11.21
,
5
11.31
,
and
11.41
,
relating
to
auditing
of
financial
records
6
of
governmental
subdivisions
which
are
not
inconsistent
with
7
this
chapter
are
applicable
to
the
division
department
and
its
8
offices,
warehouses,
and
depots
under
this
chapter
.
9
Sec.
2432.
Section
123.92,
subsection
1,
paragraph
a,
Code
10
2023,
is
amended
to
read
as
follows:
11
a.
Subject
to
the
limitation
amount
specified
in
paragraph
12
“c”
,
if
applicable,
any
third
party
who
is
not
the
intoxicated
13
person
who
caused
the
injury
at
issue
and
who
is
injured
in
14
person
or
property
or
means
of
support
by
an
intoxicated
person
15
or
resulting
from
the
intoxication
of
a
person,
has
a
right
of
16
action
for
damages
actually
sustained,
severally
or
jointly
17
against
any
licensee
or
permittee,
whether
or
not
the
license
18
or
permit
was
issued
by
the
division
department
or
by
the
19
licensing
authority
of
any
other
state,
who
sold
and
served
any
20
alcoholic
beverage
directly
to
the
intoxicated
person,
provided
21
that
the
person
was
visibly
intoxicated
at
the
time
of
the
sale
22
or
service.
23
Sec.
2433.
Section
123.92,
subsection
2,
paragraphs
a
and
c,
24
Code
2023,
are
amended
to
read
as
follows:
25
a.
Every
retail
alcohol
licensee,
except
a
class
“B”,
26
special
class
“B”,
or
class
“E”
retail
alcohol
licensee,
shall
27
furnish
proof
of
financial
responsibility
by
the
existence
of
28
a
liability
insurance
policy
in
an
amount
determined
by
the
29
division
department
.
If
an
insurer
provides
dramshop
liability
30
insurance
at
a
new
location
to
a
licensee
or
permittee
who
has
31
a
positive
loss
experience
at
other
locations
for
which
such
32
insurance
is
provided
by
the
insurer,
and
the
insurer
bases
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premium
rates
at
the
new
location
on
the
negative
loss
history
34
of
the
previous
licensee
at
that
location,
the
insurer
shall
35
examine
and
consider
adjusting
the
premium
for
the
new
location
1
not
less
than
thirty
months
after
the
insurance
is
issued,
2
based
on
the
loss
experience
of
the
licensee
at
that
location
3
during
that
thirty-month
period
of
time.
4
c.
The
purpose
of
dramshop
liability
insurance
is
to
provide
5
protection
for
members
of
the
public
who
experience
damages
as
6
a
result
of
licensees
serving
patrons
any
alcoholic
beverage
7
to
a
point
that
reaches
or
exceeds
the
standard
set
forth
in
8
law
for
liability.
Minimum
coverage
requirements
for
such
9
insurance
are
not
for
the
purpose
of
making
the
insurance
10
affordable
for
all
licensees
regardless
of
claims
experience.
11
A
dramshop
liability
insurance
policy
obtained
by
a
licensee
12
shall
meet
the
minimum
insurance
coverage
requirements
as
13
determined
by
the
division
department
and
is
a
mandatory
14
condition
for
holding
a
license.
15
Sec.
2434.
Section
123.95,
subsection
2,
paragraph
a,
Code
16
2023,
is
amended
to
read
as
follows:
17
a.
The
holder
of
an
annual
class
“C”
retail
alcohol
license
18
may
act
as
the
agent
of
a
private
social
host
for
the
purpose
19
of
providing
and
serving
alcoholic
beverages
as
part
of
a
food
20
catering
service
for
a
private
social
gathering
in
a
private
21
place,
provided
the
licensee
has
applied
for
and
been
granted
a
22
catering
privilege
by
the
division
department
.
The
holder
of
23
an
annual
special
class
“C”
retail
alcohol
license
shall
not
24
act
as
the
agent
of
a
private
social
host
for
the
purpose
of
25
providing
and
serving
wine
and
beer
as
part
of
a
food
catering
26
service
for
a
private
social
gathering
in
a
private
place.
An
27
applicant
for
a
class
“C”
retail
alcohol
license
shall
state
28
on
the
application
for
the
license
that
the
licensee
intends
29
to
engage
in
catering
food
and
alcoholic
beverages
for
private
30
social
gatherings
and
the
catering
privilege
shall
be
noted
on
31
the
license.
32
Sec.
2435.
Section
123.125,
Code
2023,
is
amended
to
read
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as
follows:
34
123.125
Issuance
of
beer
permits.
35
The
administrator
director
shall
issue
class
“A”
and
special
1
class
“A”
beer
permits
and
may
suspend
or
revoke
permits
for
2
cause
as
provided
in
this
chapter
.
3
Sec.
2436.
Section
123.126A,
subsection
2,
Code
2023,
is
4
amended
to
read
as
follows:
5
2.
Notwithstanding
any
provision
of
this
chapter
to
the
6
contrary,
a
manufacturer
of
beer
may
obtain
and
possess
7
alcoholic
liquor
from
the
division
department
for
the
purpose
8
of
manufacturing
canned
cocktails.
9
Sec.
2437.
Section
123.127,
subsection
1,
unnumbered
10
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
11
A
person
applying
for
a
class
“A”
or
special
class
“A”
beer
12
permit
shall
submit
a
completed
application
electronically,
or
13
in
a
manner
prescribed
by
the
administrator
director
,
which
14
shall
set
forth
under
oath
the
following:
15
Sec.
2438.
Section
123.127,
subsection
1,
paragraphs
e
and
16
g,
Code
2023,
are
amended
to
read
as
follows:
17
e.
When
required
by
the
administrator
director
,
and
in
18
such
form
and
containing
such
information
as
the
administrator
19
director
may
require,
a
description
of
the
premises
where
20
the
applicant
intends
to
use
the
permit,
to
include
a
sketch
21
or
drawing
of
the
premises
and,
if
applicable,
the
number
of
22
square
feet
of
interior
floor
space
which
comprises
the
retail
23
sales
area
of
the
premises.
24
g.
Any
other
information
as
required
by
the
administrator
25
director
.
26
Sec.
2439.
Section
123.127,
subsection
2,
unnumbered
27
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
28
The
administrator
director
shall
issue
a
class
“A”
or
29
special
class
“A”
beer
permit
to
any
applicant
who
establishes
30
all
of
the
following:
31
Sec.
2440.
Section
123.127,
subsection
2,
paragraphs
d
and
32
g,
Code
2023,
are
amended
to
read
as
follows:
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d.
That
the
applicant
has
filed
with
the
division
department
34
a
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
35
bureau
of
the
United
States
department
of
the
treasury,
and
1
that
the
applicant
will
faithfully
observe
and
comply
with
all
2
laws,
rules,
and
regulations
governing
the
manufacture
and
sale
3
of
beer.
4
g.
That
the
applicant
has
submitted
a
bond
in
the
amount
5
of
ten
thousand
dollars
in
a
manner
prescribed
by
the
6
administrator
director
with
good
and
sufficient
sureties
to
be
7
approved
by
the
division
department
conditioned
upon
compliance
8
with
this
chapter
.
9
Sec.
2441.
Section
123.130,
subsection
1,
paragraph
a,
Code
10
2023,
is
amended
to
read
as
follows:
11
a.
Any
person
holding
a
class
“A”
beer
permit
issued
by
12
the
division
department
shall
be
authorized
to
manufacture
13
and
sell,
or
sell
at
wholesale,
beer
for
consumption
off
the
14
premises,
such
sales
within
the
state
to
be
made
only
to
15
persons
holding
a
subsisting
class
“A”
beer
permit,
or
retail
16
alcohol
licenses,
excluding
a
special
class
“B”
retail
native
17
wine
license,
issued
in
accordance
with
the
provisions
of
this
18
chapter
.
However,
a
person
holding
a
class
“A”
beer
permit
19
issued
by
the
division
department
who
also
holds
a
brewer’s
20
notice
issued
by
the
alcohol
and
tobacco
tax
and
trade
bureau
21
of
the
United
States
department
of
the
treasury
shall
be
22
authorized
to
sell,
at
wholesale,
no
more
than
thirty
thousand
23
barrels
of
beer
on
an
annual
basis
for
consumption
off
the
24
premises
to
a
licensee
authorized
under
this
chapter
to
sell
25
beer
at
retail.
26
Sec.
2442.
Section
123.130,
subsection
5,
Code
2023,
is
27
amended
to
read
as
follows:
28
5.
A
manufacturer
of
beer
issued
a
class
“A”
or
special
29
class
“A”
beer
permit
shall
file
with
the
division
department
,
30
on
or
before
the
fifteenth
day
of
each
calendar
month,
all
31
documents
filed
with
the
alcohol
and
tobacco
tax
and
trade
32
bureau
of
the
United
States
department
of
the
treasury,
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including
all
brewer’s
operation
and
excise
tax
return
reports.
34
Sec.
2443.
Section
123.135,
subsections
1,
2,
and
3,
Code
35
2023,
are
amended
to
read
as
follows:
1
1.
A
manufacturer,
brewer,
bottler,
importer,
or
vendor
of
2
beer,
or
any
agent
thereof,
desiring
to
ship
or
sell
beer,
or
3
have
beer
brought
into
this
state
for
resale
by
a
class
“A”
4
beer
permittee,
shall
first
make
application
for
and
be
issued
5
a
brewer’s
certificate
of
compliance
by
the
administrator
6
director
for
that
purpose.
The
certificate
of
compliance
7
expires
at
the
end
of
one
year
from
the
date
of
issuance
and
8
shall
be
renewed
for
a
like
period
upon
application
to
the
9
administrator
director
unless
otherwise
revoked
for
cause.
10
Each
completed
application
for
a
certificate
of
compliance
or
11
renewal
of
a
certificate
shall
be
submitted
electronically,
12
or
in
a
manner
prescribed
by
the
administrator
director
,
and
13
shall
be
accompanied
by
a
fee
of
two
hundred
dollars
payable
14
to
the
division
department
.
Each
holder
of
a
certificate
15
of
compliance
shall
furnish
the
information
in
a
manner
the
16
administrator
director
requires.
17
2.
At
the
time
of
applying
for
a
certificate
of
compliance,
18
each
applicant
shall
file
with
the
division
department
a
list
19
of
all
class
“A”
beer
permittees
with
whom
it
intends
to
do
20
business
and
shall
designate
the
geographic
area
in
which
its
21
products
are
to
be
distributed
by
such
permittee.
The
listing
22
of
class
“A”
beer
permittees
and
geographic
area
as
filed
with
23
the
division
department
shall
be
amended
by
the
holder
of
a
24
certificate
of
compliance
as
necessary
to
keep
the
listing
25
current
with
the
division
department
.
26
3.
All
class
“A”
beer
permit
holders
shall
sell
only
27
those
brands
of
beer
which
are
manufactured,
brewed,
28
bottled,
shipped,
or
imported
by
a
person
holding
a
current
29
certificate
of
compliance.
Any
employee
or
agent
working
for
30
or
representing
the
holder
of
a
certificate
of
compliance
31
within
this
state
shall
submit
electronically,
or
in
a
manner
32
prescribed
by
the
administrator
director
,
the
employee’s
or
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agent’s
name
and
address
with
the
division
department
.
34
Sec.
2444.
Section
123.137,
subsection
1,
Code
2023,
is
35
amended
to
read
as
follows:
1
1.
A
person
holding
a
class
“A”
or
special
class
“A”
beer
2
permit
shall,
on
or
before
the
tenth
day
of
each
calendar
month
3
commencing
on
the
tenth
day
of
the
calendar
month
following
4
the
month
in
which
the
person
is
issued
a
beer
permit,
make
a
5
report
under
oath
to
the
division
department
electronically,
or
6
in
a
manner
prescribed
by
the
administrator
director
,
showing
7
the
exact
number
of
barrels
of
beer,
or
fractional
parts
of
8
barrels,
sold
by
the
beer
permit
holder
during
the
preceding
9
calendar
month.
The
report
shall
also
state
information
the
10
administrator
director
requires,
and
beer
permit
holders
shall
11
at
the
time
of
filing
a
report
pay
to
the
division
department
12
the
amount
of
tax
due
at
the
rate
fixed
in
section
123.136
.
13
Sec.
2445.
Section
123.138,
Code
2023,
is
amended
to
read
14
as
follows:
15
123.138
Records
required
——
keg
identification
label.
16
1.
Each
class
“A”
or
special
class
“A”
beer
permittee
shall
17
keep
proper
records
showing
the
amount
of
beer
sold
by
the
18
permittee,
and
these
records
shall
be
at
all
times
open
to
19
inspection
by
the
administrator
director
and
to
other
persons
20
pursuant
to
section
123.30,
subsection
1
.
Each
retail
alcohol
21
licensee
as
described
in
section
123.30
shall
keep
proper
22
records
showing
each
purchase
of
beer
made
by
the
licensee,
and
23
the
date
and
the
amount
of
each
purchase
and
the
name
of
the
24
person
from
whom
each
purchase
was
made,
which
records
shall
be
25
open
to
inspection
pursuant
to
section
123.30,
subsection
1
,
26
during
normal
business
hours
of
the
licensee.
27
2.
a.
Each
retail
alcohol
licensee
who
sells
beer
for
28
off-premises
consumption
shall
affix
to
each
keg
of
beer
an
29
identification
label
provided
by
the
administrator
director
.
30
The
label
provided
shall
allow
for
its
full
removal
when
31
common
external
keg
cleaning
procedures
are
performed.
For
32
the
purposes
of
this
subsection
,
“keg”
means
all
durable
and
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disposable
containers
with
a
liquid
capacity
of
five
gallons
or
34
more.
Each
retail
alcohol
licensee
shall
also
keep
a
record
35
of
the
identification
label
number
of
each
keg
of
beer
sold
by
1
the
licensee
with
the
name
and
address
of
the
purchaser
and
2
the
number
of
the
purchaser’s
driver’s
license,
nonoperator’s
3
identification
card,
or
military
identification
card,
if
4
the
military
identification
card
contains
a
picture
and
5
signature.
This
information
shall
be
retained
by
the
licensee
6
for
a
minimum
of
ninety
days.
The
records
kept
pursuant
to
7
this
subsection
shall
be
available
for
inspection
by
any
law
8
enforcement
officer
during
normal
business
hours.
9
b.
(1)
The
division
department
shall
provide
the
keg
10
identification
labels
described
in
paragraph
“a”
and
shall,
11
prior
to
utilizing
a
label,
notify
licensed
brewers
and
12
licensed
beer
importers
of
the
type
of
label
to
be
utilized.
13
Each
label
shall
contain
a
number
and
the
following
statement:
14
It
is
unlawful
to
sell,
give,
or
otherwise
supply
any
15
alcoholic
beverage,
wine,
or
beer
to
any
person
under
legal
16
age.
Any
person
who
defaces
this
label
shall
be
guilty
of
17
criminal
mischief
punishable
pursuant
to
section
716.6
.
18
(2)
The
identification
label
shall
be
placed
on
the
keg
at
19
the
time
of
retail
sale.
The
licensee
shall
obtain
the
labels
20
referred
to
in
this
subsection
from
the
division
department
.
21
The
cost
of
the
labels
to
licensees
shall
not
exceed
the
22
division’s
department’s
cost
of
producing
and
distributing
23
the
labels.
The
moneys
collected
by
the
division
department
24
relating
to
the
sale
of
labels
shall
be
credited
to
the
beer
25
and
liquor
control
fund.
26
c.
The
provisions
of
this
subsection
shall
be
implemented
27
uniformly
throughout
the
state.
The
provisions
of
this
28
subsection
shall
preempt
any
local
county
or
municipal
29
ordinance
regarding
keg
registration
or
the
sale
of
beer
in
30
kegs.
In
addition,
a
county
or
municipality
shall
not
adopt
or
31
continue
in
effect
an
ordinance
regarding
keg
registration
or
32
the
sale
of
beer
in
kegs.
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Sec.
2446.
Section
123.143,
subsection
1,
Code
2023,
is
34
amended
to
read
as
follows:
35
1.
All
permit
fees
collected
by
the
division
department
1
under
this
subchapter
shall
accrue
to
the
beer
and
liquor
2
control
fund,
except
as
otherwise
provided.
All
taxes
3
collected
by
the
division
department
under
this
subchapter
4
shall
accrue
to
the
state
general
fund,
except
as
otherwise
5
provided.
6
Sec.
2447.
Section
123.173,
subsection
3,
Code
2023,
is
7
amended
to
read
as
follows:
8
3.
A
class
“A”
wine
permittee
shall
be
required
to
deliver
9
wine
to
a
retail
alcohol
licensee,
and
a
retail
alcohol
10
licensee
shall
be
required
to
accept
delivery
of
wine
from
a
11
class
“A”
wine
permittee,
only
at
the
licensed
premises
of
the
12
retail
alcohol
licensee.
Except
as
specifically
permitted
by
13
the
division
department
upon
good
cause
shown,
delivery
or
14
transfer
of
wine
from
an
unlicensed
premises
to
a
licensed
15
retail
alcohol
licensee’s
premises,
or
from
one
licensed
retail
16
alcohol
licensee’s
premises
to
another
licensed
retail
alcohol
17
licensee’s
premises,
even
if
there
is
common
ownership
of
all
18
of
the
premises
by
one
retail
permittee,
is
prohibited.
19
Sec.
2448.
Section
123.173A,
subsection
2,
Code
2023,
is
20
amended
to
read
as
follows:
21
2.
Upon
application
to
the
division
department
and
receipt
22
of
a
charity
beer,
spirits,
and
wine
special
event
license,
an
23
authorized
nonprofit
entity
may
conduct
a
charity
special
event
24
subject
to
the
requirements
of
this
section
.
25
Sec.
2449.
Section
123.173A,
subsection
4,
paragraph
a,
26
Code
2023,
is
amended
to
read
as
follows:
27
a.
The
charity
event
shall
be
conducted
on
a
premises
28
covered
by
a
valid
retail
alcohol
license
issued
by
the
29
division
department
.
30
Sec.
2450.
Section
123.173A,
subsection
5,
paragraph
b,
31
Code
2023,
is
amended
to
read
as
follows:
32
b.
The
retail
alcohol
license
number
issued
by
the
division
33
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department
for
the
premises
where
a
charity
event
is
to
be
34
conducted,
if
applicable.
35
Sec.
2451.
Section
123.174,
Code
2023,
is
amended
to
read
1
as
follows:
2
123.174
Issuance
of
wine
permits.
3
The
administrator
director
shall
issue
wine
permits
as
4
provided
in
this
chapter
,
and
may
suspend
or
revoke
a
wine
5
permit
for
cause
as
provided
in
this
chapter
.
6
Sec.
2452.
Section
123.175,
subsection
1,
unnumbered
7
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
8
A
person
applying
for
a
class
“A”
wine
permit
shall
submit
a
9
completed
application
electronically,
or
in
a
manner
prescribed
10
by
the
administrator
director
,
which
shall
set
forth
under
oath
11
the
following:
12
Sec.
2453.
Section
123.175,
subsection
1,
paragraphs
e
and
13
g,
Code
2023,
are
amended
to
read
as
follows:
14
e.
When
required
by
the
administrator
director
,
and
in
15
such
form
and
containing
such
information
as
the
administrator
16
director
may
require,
a
description
of
the
premises
where
the
17
applicant
intends
to
use
the
permit,
to
include
a
sketch
or
18
drawing
of
the
premises.
19
g.
Any
other
information
as
required
by
the
administrator
20
director
.
21
Sec.
2454.
Section
123.175,
subsection
2,
unnumbered
22
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
23
The
administrator
director
shall
issue
a
class
“A”
wine
24
permit
to
any
applicant
who
establishes
all
of
the
following:
25
Sec.
2455.
Section
123.175,
subsection
2,
paragraphs
d
and
26
g,
Code
2023,
are
amended
to
read
as
follows:
27
d.
That
the
applicant
has
filed
with
the
division
department
28
a
basic
permit
issued
by
the
alcohol
and
tobacco
tax
and
trade
29
bureau
of
the
United
States
department
of
the
treasury,
and
30
that
the
applicant
will
faithfully
observe
and
comply
with
all
31
the
laws,
rules,
and
regulations
governing
the
manufacture
and
32
sale
of
wine.
33
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g.
That
the
applicant
has
submitted
a
bond
in
the
amount
34
of
five
thousand
dollars
in
a
manner
prescribed
by
the
35
administrator
director
with
good
and
sufficient
sureties
to
be
1
approved
by
the
division
department
conditioned
upon
compliance
2
with
this
chapter
.
3
Sec.
2456.
Section
123.176,
subsections
1,
2,
7,
and
8,
Code
4
2023,
are
amended
to
read
as
follows:
5
1.
Subject
to
rules
of
the
division
department
,
6
manufacturers
of
native
wines
from
grapes,
cherries,
other
7
fruits
or
other
fruit
juices,
vegetables,
vegetable
juices,
8
dandelions,
clover,
honey,
or
any
combination
of
these
9
ingredients,
holding
a
class
“A”
wine
permit
as
required
by
10
this
chapter
,
may
sell,
keep,
or
offer
for
sale
and
deliver
the
11
wine.
Notwithstanding
section
123.24,
subsection
2
,
paragraph
12
“b”
,
or
any
other
provision
of
this
chapter
,
manufacturers
13
of
native
wine
may
obtain
and
possess
grape
brandy
from
the
14
division
department
for
the
sole
purpose
of
manufacturing
wine.
15
2.
Native
wine
may
be
sold
at
retail
for
off-premises
16
consumption
when
sold
on
the
premises
of
the
manufacturer,
or
17
in
a
retail
establishment
operated
by
the
manufacturer.
Sales
18
may
also
be
made
to
class
“A”
or
retail
alcohol
licensees
as
19
authorized
by
sections
123.30
and
123.177
.
A
manufacturer
of
20
native
wines
shall
not
sell
the
wines
other
than
as
permitted
21
in
this
chapter
and
shall
not
allow
wine
sold
to
be
consumed
22
upon
the
premises
of
the
manufacturer.
However,
prior
to
23
sale,
native
wines
may
be
tasted
pursuant
to
the
rules
of
the
24
division
department
on
the
premises
where
made,
when
no
charge
25
is
made
for
the
tasting.
26
7.
A
manufacturer
may
use
the
space
and
equipment
of
another
27
manufacturer
for
the
purpose
of
manufacturing
native
wine,
28
provided
that
such
an
alternating
proprietorship
arrangement
29
is
approved
by
the
alcohol
and
tobacco
tax
and
trade
bureau
30
of
the
United
States
department
of
the
treasury.
A
separate
31
class
“A”
wine
permit
shall
be
issued
to
each
manufacturer,
32
and
each
manufacturer
shall
be
subject
to
the
provisions
33
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of
this
chapter
and
the
rules
of
the
division
department
.
34
Notwithstanding
subsection
5
,
not
more
than
one
class
“C”
35
retail
alcohol
license
shall
be
issued
to
a
premises
with
1
alternating
proprietorships.
2
8.
A
manufacturer
of
native
wines
shall
file
with
the
3
division
department
,
on
or
before
the
fifteenth
day
of
each
4
calendar
month,
all
documents
filed
with
the
alcohol
and
5
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
6
the
treasury,
including
all
wine
premises
operations
and
excise
7
tax
return
reports.
8
Sec.
2457.
Section
123.180,
subsections
1,
2,
and
3,
Code
9
2023,
are
amended
to
read
as
follows:
10
1.
A
manufacturer,
vintner,
bottler,
importer,
or
vendor
of
11
wine,
or
an
agent
thereof,
desiring
to
ship,
sell,
or
have
wine
12
brought
into
this
state
for
sale
at
wholesale
by
a
class
“A”
13
permittee
shall
first
make
application
for
and
shall
be
issued
14
a
vintner’s
certificate
of
compliance
by
the
administrator
15
director
for
that
purpose.
The
vintner’s
certificate
of
16
compliance
shall
expire
at
the
end
of
one
year
from
the
17
date
of
issuance
and
shall
be
renewed
for
a
like
period
upon
18
application
to
the
administrator
director
unless
otherwise
19
revoked
for
cause.
Each
completed
application
for
a
vintner’s
20
certificate
of
compliance
or
renewal
of
a
certificate
shall
21
be
submitted
electronically,
or
in
a
manner
prescribed
by
the
22
administrator
director
,
and
shall
be
accompanied
by
a
fee
of
23
two
hundred
dollars
payable
to
the
division
department
.
Each
24
holder
of
a
vintner’s
certificate
of
compliance
shall
furnish
25
the
information
required
by
the
administrator
director
in
the
26
form
the
administrator
director
requires.
A
vintner
or
wine
27
bottler
whose
plant
is
located
in
Iowa
and
who
otherwise
holds
28
a
class
“A”
wine
permit
to
sell
wine
at
wholesale
is
exempt
29
from
the
fee,
but
not
the
other
terms
and
conditions.
The
30
holder
of
a
vintner’s
certificate
of
compliance
may
also
hold
a
31
class
“A”
wine
permit.
32
2.
At
the
time
of
applying
for
a
vintner’s
certificate
33
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of
compliance,
each
applicant
shall
file
with
the
division
34
department
a
list
of
all
class
“A”
wine
permittees
with
35
whom
it
intends
to
do
business.
The
listing
of
class
“A”
1
wine
permittees
as
filed
with
the
division
department
shall
2
be
amended
by
the
holder
of
the
certificate
of
compliance
3
as
necessary
to
keep
the
listing
current
with
the
division
4
department
.
5
3.
All
class
“A”
wine
permit
holders
shall
sell
only
those
6
brands
of
wine
which
are
manufactured,
bottled,
fermented,
7
shipped,
or
imported
by
a
person
holding
a
current
vintner’s
8
certificate
of
compliance.
An
employee
or
agent
working
for
9
or
representing
the
holder
of
a
vintner’s
certificate
of
10
compliance
within
this
state
shall
register
the
employee’s
11
or
agent’s
name
and
address
with
the
division
department
.
12
These
names
and
addresses
shall
be
filed
with
the
division’s
13
department’s
copy
of
the
certificate
of
compliance
issued
14
except
that
this
provision
does
not
require
the
listing
of
15
those
persons
who
are
employed
on
the
premises
of
a
bottling
16
plant,
or
winery
where
wine
is
manufactured,
fermented,
17
or
bottled
in
Iowa
or
the
listing
of
those
persons
who
are
18
thereafter
engaged
in
the
transporting
of
the
wine.
19
Sec.
2458.
Section
123.184,
Code
2023,
is
amended
to
read
20
as
follows:
21
123.184
Report
of
gallonage
sales
——
penalty.
22
1.
Each
class
“A”
wine
permit
holder
on
or
before
the
23
tenth
day
of
each
calendar
month
commencing
on
the
tenth
day
24
of
the
calendar
month
following
the
month
in
which
the
person
25
is
issued
a
permit,
shall
make
a
report
under
oath
to
the
26
division
department
electronically,
or
in
a
manner
prescribed
27
by
the
administrator
director
,
showing
the
exact
number
of
28
gallons
of
wine
and
fractional
parts
of
gallons
sold
by
that
29
permit
holder
during
the
preceding
calendar
month.
The
report
30
also
shall
state
whatever
reasonable
additional
information
31
the
administrator
director
requires.
The
permit
holder
at
32
the
time
of
filing
this
report
shall
pay
to
the
division
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department
the
amount
of
tax
due
at
the
rate
fixed
in
section
34
123.183
.
A
penalty
of
ten
percent
of
the
amount
of
the
tax
35
shall
be
assessed
and
collected
if
the
report
required
to
be
1
filed
pursuant
to
this
subsection
is
not
filed
and
the
tax
paid
2
within
the
time
required
by
this
subsection
.
3
2.
Each
wine
direct
shipper
license
holder
shall
make
a
4
report
under
oath
to
the
division
department
electronically,
5
or
in
a
manner
prescribed
by
the
administrator
director
,
on
6
or
before
the
tenth
day
of
the
calendar
months
of
June
and
7
December,
showing
the
exact
number
of
gallons
of
wine
and
8
fractional
parts
of
gallons
sold
and
shipped
pursuant
to
9
section
123.187
during
the
preceding
six-month
calendar
period.
10
The
report
shall
also
state
whatever
reasonable
additional
11
information
the
administrator
director
requires.
The
license
12
holder
at
the
time
of
filing
this
report
shall
pay
to
the
13
division
department
the
amount
of
tax
due
at
the
rate
fixed
14
in
section
123.183
.
A
penalty
of
ten
percent
of
this
amount
15
shall
be
assessed
and
collected
if
the
report
required
to
be
16
filed
pursuant
to
this
subsection
is
not
filed
and
the
tax
paid
17
within
the
time
required
by
this
subsection
.
18
Sec.
2459.
Section
123.186,
subsections
1
and
2,
Code
2023,
19
are
amended
to
read
as
follows:
20
1.
The
division
department
shall
adopt
as
rules
the
21
substance
of
the
federal
regulations
22
27
C.F.R.
pt.
6
,
27
C.F.R.
pt.
8,
27
C.F.R.
pt.
10
,
and
27
C.F.R.
pt.
11
.
23
2.
The
division
department
shall
adopt
as
rules
the
24
substance
of
27
C.F.R.
§6.88
,
to
permit
a
manufacturer
of
25
alcoholic
beverages,
wine,
or
beer,
or
an
agent
of
such
26
manufacturer,
to
provide
to
a
retailer
without
charge
wine
and
27
beer
coil
cleaning
services,
including
carbon
dioxide
filters
28
and
other
necessary
accessories
to
properly
clean
the
coil
and
29
affix
carbon
dioxide
filters.
The
rules
shall
provide
that
the
30
manufacturer
shall
be
responsible
for
paying
the
costs
of
any
31
filters
provided.
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Sec.
2460.
Section
123.187,
subsection
2,
paragraphs
b
and
33
d,
Code
2023,
are
amended
to
read
as
follows:
34
b.
A
wine
manufacturer
applying
for
a
wine
direct
35
shipper
permit
shall
submit
an
application
for
the
permit
1
electronically,
or
in
a
manner
prescribed
by
the
administrator
2
director
,
accompanied
by
a
true
copy
of
the
manufacturer’s
3
current
alcoholic
beverage
license
or
permit
issued
by
the
4
state
where
the
manufacturer
is
primarily
located
and
a
copy
5
of
the
manufacturer’s
basic
permit
issued
by
the
alcohol
and
6
tobacco
tax
and
trade
bureau
of
the
United
States
department
of
7
the
treasury.
8
d.
A
permit
issued
pursuant
to
this
section
may
be
9
renewed
annually
by
submitting
a
renewal
application
with
10
the
administrator
director
in
a
manner
prescribed
by
the
11
administrator
director
,
accompanied
by
the
twenty-five
dollar
12
permit
fee.
13
Sec.
2461.
Section
123.187,
subsection
3,
paragraph
c,
Code
14
2023,
is
amended
to
read
as
follows:
15
c.
All
containers
of
wine
shipped
directly
to
a
resident
16
of
this
state
shall
be
conspicuously
labeled
with
the
words
17
“CONTAINS
ALCOHOL:
SIGNATURE
OF
PERSON
AGE
21
OR
OLDER
18
REQUIRED
FOR
DELIVERY”
or
shall
be
conspicuously
labeled
with
19
alternative
wording
preapproved
by
the
administrator
director
.
20
Sec.
2462.
Section
123.187,
subsections
4
and
5,
Code
2023,
21
are
amended
to
read
as
follows:
22
4.
A
wine
direct
shipper
permittee
shall
remit
to
the
23
division
department
an
amount
equivalent
to
the
wine
gallonage
24
tax
on
wine
subject
to
direct
shipment
at
the
rate
specified
25
in
section
123.183
for
deposit
as
provided
in
section
123.183,
26
subsections
2
and
3
.
The
amount
shall
be
remitted
at
the
time
27
and
in
the
manner
provided
in
section
123.184,
subsection
28
2,
and
the
ten
percent
penalty
specified
therein
shall
be
29
applicable.
30
5.
A
wine
direct
shipper
permittee
shall
be
deemed
to
have
31
consented
to
the
jurisdiction
of
the
division
department
or
any
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other
agency
or
court
in
this
state
concerning
enforcement
of
33
this
section
and
any
related
laws,
rules,
or
regulations.
A
34
permit
holder
shall
allow
the
division
department
to
perform
an
35
audit
of
shipping
records
upon
request.
1
Sec.
2463.
Section
123.188,
subsections
1,
2,
and
3,
Code
2
2023,
are
amended
to
read
as
follows:
3
1.
A
person
desiring
to
deliver
wine
subject
to
direct
4
shipment
within
this
state
pursuant
to
section
123.187
shall
5
submit
an
application
for
a
wine
carrier
permit
electronically,
6
or
in
a
manner
prescribed
by
the
administrator
director
,
which
7
shall
be
accompanied
by
a
fee
in
the
amount
of
one
hundred
8
dollars.
9
2.
The
administrator
director
may
in
accordance
with
this
10
chapter
issue
a
wine
carrier
permit
which
shall
be
valid
11
for
one
year
from
the
date
of
issuance
unless
it
is
sooner
12
suspended
or
revoked
for
a
violation
of
this
chapter
.
13
3.
A
permit
issued
pursuant
to
this
section
may
be
14
renewed
annually
by
submitting
a
renewal
application
with
15
the
administrator
director
in
a
manner
prescribed
by
the
16
administrator
director
,
accompanied
by
the
one
hundred
dollar
17
permit
fee.
18
Sec.
2464.
Section
123.188,
subsection
4,
paragraph
c,
Code
19
2023,
is
amended
to
read
as
follows:
20
c.
A
wine
carrier
permittee
shall
maintain
records
of
wine
21
shipped
which
include
the
permit
number
and
name
of
the
wine
22
manufacturer,
quantity
of
wine
shipped,
recipient’s
name
and
23
address,
and
an
electronic
or
paper
form
of
signature
from
24
the
recipient
of
the
wine.
Records
shall
be
submitted
to
the
25
division
department
on
a
monthly
basis
in
a
form
and
manner
to
26
be
determined
by
the
division
department
.
27
Sec.
2465.
Section
321.19,
subsection
1,
paragraph
c,
28
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
29
(3)
Persons
in
the
department
of
justice,
the
alcoholic
30
beverages
division
of
the
department
of
commerce,
disease
31
investigators
of
the
Iowa
department
of
public
health,
the
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department
of
inspections
and
appeals,
and
the
department
of
33
revenue,
who
are
regularly
assigned
to
conduct
investigations
34
which
cannot
reasonably
be
conducted
with
a
vehicle
displaying
35
“official”
state
registration
plates.
1
Sec.
2466.
Section
453A.2,
subsections
4,
6,
and
7,
Code
2
2023,
are
amended
to
read
as
follows:
3
4.
The
alcoholic
beverages
division
of
the
department
of
4
commerce
,
a
county,
or
a
city
may
directly
enforce
this
section
5
in
district
court
and
initiate
proceedings
pursuant
to
section
6
453A.22
before
a
permit-issuing
authority
which
issued
the
7
permit
against
a
permit
holder
violating
this
section
.
8
6.
If
a
county
or
a
city
has
not
assessed
a
penalty
pursuant
9
to
section
453A.22,
subsection
2
,
for
a
violation
of
subsection
10
1
,
within
sixty
days
of
the
adjudication
of
the
violation,
11
the
matter
shall
be
transferred
to
and
be
the
exclusive
12
responsibility
of
the
alcoholic
beverages
division
of
the
13
department
of
commerce
.
Following
transfer
of
the
matter,
if
14
the
violation
is
contested,
the
alcoholic
beverages
division
15
of
the
department
of
commerce
shall
request
an
administrative
16
hearing
before
an
administrative
law
judge,
assigned
by
the
17
division
of
administrative
hearings
of
the
department
of
18
inspections
and
appeals
in
accordance
with
the
provisions
of
19
section
10A.801
,
to
adjudicate
the
matter
pursuant
to
chapter
20
17A
.
21
7.
A
tobacco
compliance
employee
training
fund
is
22
created
in
the
office
of
the
treasurer
of
state.
The
fund
23
shall
consist
of
civil
penalties
assessed
by
the
alcoholic
24
beverages
division
of
the
department
of
commerce
under
25
section
453A.22
for
violations
of
this
section
.
Moneys
in
26
the
fund
are
appropriated
to
the
alcoholic
beverages
division
27
of
the
department
of
commerce
and
shall
be
used
to
develop
28
and
administer
the
tobacco
compliance
employee
training
29
program
under
section
453A.5
.
Moneys
deposited
in
the
fund
30
shall
not
be
transferred,
used,
obligated,
appropriated,
or
31
otherwise
encumbered
except
as
provided
in
this
subsection
.
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Notwithstanding
section
8.33
,
any
unexpended
balance
in
the
33
fund
at
the
end
of
the
fiscal
year
shall
be
retained
in
the
34
fund.
35
Sec.
2467.
Section
453A.5,
subsection
1,
Code
2023,
is
1
amended
to
read
as
follows:
2
1.
The
alcoholic
beverages
division
of
the
department
of
3
commerce
shall
develop
a
tobacco
compliance
employee
training
4
program
not
to
exceed
two
hours
in
length
for
employees
and
5
prospective
employees
of
retailers,
as
defined
in
sections
6
453A.1
and
453A.42
,
to
inform
the
employees
about
state
and
7
federal
laws
and
regulations
regarding
the
sale
of
tobacco,
8
tobacco
products,
alternative
nicotine
products,
vapor
9
products,
and
cigarettes
to
persons
under
twenty-one
years
of
10
age
and
compliance
with
and
the
importance
of
laws
regarding
11
the
sale
of
tobacco,
tobacco
products,
alternative
nicotine
12
products,
vapor
products,
and
cigarettes
to
persons
under
13
twenty-one
years
of
age.
14
Sec.
2468.
Section
453A.13,
subsection
2,
paragraph
c,
Code
15
2023,
is
amended
to
read
as
follows:
16
c.
The
department,
or
a
A
city
or
county
,
shall
submit
17
a
duplicate
of
any
application
for
a
retail
permit
to
the
18
alcoholic
beverages
division
of
the
department
of
commerce
19
within
thirty
days
of
the
issuance.
The
alcoholic
beverages
20
division
of
the
department
of
commerce
shall
submit
the
current
21
list
of
all
retail
permits
issued
to
the
Iowa
department
of
22
public
health
by
the
last
day
of
each
quarter
of
a
state
fiscal
23
year.
24
Sec.
2469.
Section
453A.22,
subsection
2,
unnumbered
25
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
26
If
a
retailer
or
employee
of
a
retailer
has
violated
section
27
453A.2
or
section
453A.36,
subsection
6
,
the
department
or
28
local
authority,
or
the
alcoholic
beverages
division
of
the
29
department
of
commerce
following
transfer
of
the
matter
to
the
30
alcoholic
beverages
division
of
the
department
of
commerce
31
pursuant
to
section
453A.2,
subsection
6
,
in
addition
to
the
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other
penalties
fixed
for
such
violations
in
this
section
,
33
shall
assess
a
penalty
upon
the
same
hearing
and
notice
as
34
prescribed
in
subsection
1
as
follows:
35
Sec.
2470.
Section
453A.22,
subsection
6,
Code
2023,
is
1
amended
to
read
as
follows:
2
6.
The
department
or
local
authority
shall
report
the
3
suspension
or
revocation
of
a
retail
permit
under
this
section
4
to
the
alcoholic
beverages
division
of
the
department
of
5
commerce
within
thirty
days
of
the
suspension
or
revocation
of
6
the
retail
permit.
7
Sec.
2471.
Section
453A.47A,
subsection
6,
Code
2023,
is
8
amended
to
read
as
follows:
9
6.
Issuance.
Cities
may
issue
retail
permits
to
retailers
10
located
within
their
respective
limits.
County
boards
of
11
supervisors
may
issue
retail
permits
to
retailers
located
in
12
their
respective
counties,
outside
of
the
corporate
limits
of
13
cities.
The
city
or
county
shall
submit
a
duplicate
of
any
14
application
for
a
retail
permit
to
the
alcoholic
beverages
15
division
of
the
department
of
commerce
within
thirty
days
of
16
issuance
of
a
permit.
The
alcoholic
beverages
division
of
the
17
department
of
commerce
shall
submit
the
current
list
of
all
18
retail
permits
issued
to
the
Iowa
department
of
public
health
19
by
the
last
day
of
each
quarter
of
a
state
fiscal
year.
20
Sec.
2472.
Section
455C.3,
subsections
2
and
5,
Code
2023,
21
are
amended
to
read
as
follows:
22
2.
A
distributor
shall
accept
and
pick
up
from
a
23
participating
dealer
served
by
the
distributor
or
a
redemption
24
center
for
a
dealer
served
by
the
distributor
at
least
weekly,
25
or
when
the
distributor
delivers
the
beverage
product
if
26
deliveries
are
less
frequent
than
weekly,
any
empty
beverage
27
container
of
the
kind,
size,
and
brand
sold
by
the
distributor,
28
and
shall
pay
to
the
participating
dealer
or
redemption
center
29
the
refund
value
of
a
beverage
container
and
the
reimbursement
30
as
provided
under
section
455C.2
within
one
week
following
31
pickup
of
the
containers
or
when
the
participating
dealer
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normally
pays
the
distributor
for
the
deposit
on
beverage
33
products
purchased
from
the
distributor
if
less
frequent
than
34
weekly.
A
distributor
or
employee
or
agent
of
a
distributor
is
35
not
in
violation
of
this
subsection
if
a
redemption
center
is
1
closed
when
the
distributor
attempts
to
make
a
regular
pickup
2
of
empty
beverage
containers.
This
subsection
does
not
apply
3
to
a
distributor
selling
alcoholic
liquor
to
the
alcoholic
4
beverages
division
of
the
department
of
commerce
revenue
.
5
5.
The
alcoholic
beverages
division
of
the
department
6
of
commerce
revenue
shall
provide
for
the
disposal
of
7
empty
beverage
containers
as
required
under
subsection
8
2
.
The
division
department
of
revenue
shall
give
priority
9
consideration
to
the
recycling
of
the
empty
beverage
containers
10
to
the
extent
possible,
before
any
other
appropriate
disposal
11
method
is
considered
or
implemented.
12
CONFORMING
CHANGES
13
Sec.
2473.
Section
7E.5,
subsection
1,
paragraph
c,
Code
14
2023,
is
amended
to
read
as
follows:
15
c.
The
department
of
revenue,
created
in
section
421.2
,
16
which
has
primary
responsibility
for
revenue
collection
17
and
revenue
law
compliance
,
the
Iowa
lottery,
and
alcoholic
18
beverage
control
.
19
Sec.
2474.
Section
421.17,
Code
2023,
is
amended
by
adding
20
the
following
new
subsection:
21
NEW
SUBSECTION
.
39.
Administer
chapters
99G
and
123.
22
Sec.
2475.
REPEAL.
Section
546.9,
Code
2023,
is
repealed.
23
DIVISION
XIII
24
DEPARTMENT
FOR
THE
BLIND
25
Sec.
2476.
Section
216B.2,
subsection
1,
Code
2023,
is
26
amended
to
read
as
follows:
27
1.
The
commission
for
the
blind
is
established
consisting
28
of
three
members
appointed
by
the
governor,
subject
to
29
confirmation
by
the
senate.
Members
of
the
commission
shall
30
serve
three-year
terms
beginning
and
ending
as
provided
in
31
section
69.19
.
The
members
of
the
commission
shall
appoint
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officers
for
the
commission.
A
majority
of
the
members
of
the
33
commission
shall
constitute
a
quorum.
34
Sec.
2477.
NEW
SECTION
.
216B.3A
Director
——
duties.
35
1.
The
director
of
the
department
shall
be
appointed
by
1
the
governor,
subject
to
confirmation
by
the
senate,
and
shall
2
serve
at
the
pleasure
of
the
governor.
The
governor
shall
set
3
the
salary
of
the
director
within
the
applicable
salary
range
4
established
by
the
general
assembly.
5
2.
The
director
shall
be
the
executive
officer
of
the
6
commission
and
shall
be
responsible
for
implementing
policy
set
7
by
the
commission.
The
director
shall
carry
out
programs
and
8
policies
as
determined
by
the
commission.
9
Sec.
2478.
Section
216B.5,
Code
2023,
is
amended
to
read
as
10
follows:
11
216B.5
Commission
employees.
12
The
commission
may
employ
staff
who
shall
be
qualified
by
13
experience
to
assume
the
responsibilities
of
the
offices.
The
14
director
shall
be
the
administrative
officer
of
the
commission
15
and
shall
be
responsible
for
implementing
policy
set
by
the
16
commission.
The
director
shall
carry
out
programs
and
policies
17
as
determined
by
the
commission.
18
Sec.
2479.
APPOINTMENT
OF
DIRECTOR.
On
or
before
July
1,
19
2023,
the
governor
shall
appoint
a
director
of
the
department
20
for
the
blind,
effective
July
1,
2023,
as
provided
in
this
21
division
of
this
Act.
22
Sec.
2480.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
23
deemed
of
immediate
importance,
takes
effect
upon
enactment.
24
DIVISION
XIV
25
DEPARTMENT
OF
EDUCATION
26
IOWA
EDUCATIONAL
SERVICES
FOR
THE
BLIND
AND
VISUALLY
IMPAIRED
27
AND
IOWA
SCHOOL
FOR
THE
DEAF
28
Sec.
2481.
Section
70A.14,
subsection
3,
paragraph
c,
Code
29
2023,
is
amended
by
striking
the
paragraph.
30
Sec.
2482.
Section
70A.17A,
subsection
1,
paragraph
31
d,
subparagraph
(3),
Code
2023,
is
amended
by
striking
the
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subparagraph.
33
Sec.
2483.
Section
235A.15,
subsection
2,
paragraph
34
c,
subparagraph
(4),
Code
2023,
is
amended
by
striking
the
35
subparagraph.
1
Sec.
2484.
NEW
SECTION
.
256.95
Iowa
educational
services
2
for
the
blind
and
visually
impaired
and
Iowa
school
for
the
deaf.
3
The
department
shall
do
all
of
the
following:
4
1.
Administer
the
Iowa
educational
services
for
the
blind
5
and
visually
impaired
program.
6
2.
Govern
the
Iowa
school
for
the
deaf.
7
3.
Establish
a
hall
of
fame
for
distinguished
graduates
8
of
the
Iowa
school
for
the
deaf,
distinguished
graduates
of
9
the
Iowa
braille
and
sight
saving
school,
and
distinguished
10
participants
in
the
Iowa
educational
services
for
the
blind
and
11
visually
impaired
program.
12
Sec.
2485.
NEW
SECTION
.
256.103
Employees
——
contracts
——
13
termination
and
discharge
procedures.
14
Sections
279.12
through
279.19
and
section
279.27
apply
to
15
employees
of
the
Iowa
school
for
the
deaf,
who
are
licensed
16
pursuant
to
subchapter
VII,
part
3.
In
following
those
17
sections
in
chapter
279,
the
references
to
boards
of
directors
18
of
school
districts
shall
be
interpreted
to
apply
to
the
19
department.
20
Sec.
2486.
NEW
SECTION
.
256.104
Students
residing
on
21
state-owned
land.
22
The
department
shall
pay
to
the
local
school
boards
the
23
tuition
payments
and
transportation
costs,
as
otherwise
24
authorized
by
statutes
for
the
elementary
or
high
school
25
education
of
students
residing
on
land
owned
by
the
state
and
26
under
the
control
of
the
department.
Such
payments
shall
be
27
made
from
moneys
appropriated
to
the
department.
28
Sec.
2487.
NEW
SECTION
.
256.105
Transfer
of
a
student
to
29
the
university
of
Iowa
hospitals
and
clinics.
30
The
department
may
send
any
student
of
the
Iowa
school
for
31
the
deaf
to
the
university
of
Iowa
hospitals
and
clinics
for
32
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treatment
and
care.
The
department
shall
pay
the
traveling
33
expenses
of
such
student,
and
when
necessary
the
traveling
34
expenses
of
an
attendant
for
the
student,
out
of
funds
35
appropriated
for
the
use
of
the
department.
1
Sec.
2488.
NEW
SECTION
.
256.107
Administrative
rules.
2
The
state
board
shall
adopt
rules
pursuant
to
chapter
17A
to
3
administer
this
subchapter.
4
Sec.
2489.
Section
256B.2,
subsection
2,
paragraph
c,
Code
5
2023,
is
amended
to
read
as
follows:
6
c.
For
those
children
who
cannot
adapt
to
the
regular
7
educational
or
home
living
conditions,
and
who
are
attending
8
facilities
under
chapters
chapter
263
,
269
,
and
270
or
chapter
9
256,
subchapter
V
,
upon
the
request
of
the
board
of
directors
10
of
an
area
education
agency,
the
department
of
human
services
11
shall
provide
residential
or
detention
facilities
and
the
area
12
education
agency
shall
provide
special
education
programs
and
13
services.
The
area
education
agencies
shall
cooperate
with
14
the
board
of
regents
department
of
education
to
provide
the
15
services
required
by
this
chapter
.
16
Sec.
2490.
Section
256B.3,
subsection
9,
Code
2023,
is
17
amended
to
read
as
follows:
18
9.
To
cooperate
with
existing
agencies
such
as
the
19
department
of
human
services,
the
Iowa
department
of
public
20
health,
the
Iowa
school
for
the
deaf,
the
Iowa
braille
and
21
sight
saving
school,
the
children’s
hospitals,
or
other
22
agencies
concerned
with
the
welfare
and
health
of
children
23
requiring
special
education
in
the
coordination
of
their
24
educational
activities
for
such
children.
25
Sec.
2491.
Section
256B.10,
subsection
1,
paragraph
a,
Code
26
2023,
is
amended
to
read
as
follows:
27
a.
The
department
of
education
shall
work
with
the
state
28
Iowa
school
for
the
deaf,
the
area
education
agencies,
school
29
districts,
and
the
early
hearing
detection
and
intervention
30
program
in
the
Iowa
department
of
public
health
for
purposes
31
of
coordinating,
developing,
and
disseminating
resources
for
32
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use
by
parents
or
guardians,
early
hearing
detection
and
33
intervention
programs,
the
state
Iowa
school
for
the
deaf,
34
area
education
agencies,
school
districts,
and
accredited
35
nonpublic
schools
to
inform
deaf
and
hard-of-hearing
children’s
1
expressive
and
receptive
language
acquisition
or
development.
2
Sec.
2492.
Section
256B.10,
subsection
1,
paragraph
b,
3
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
4
follows:
5
The
duties
of
the
department
of
education
shall,
at
a
6
minimum,
include
all
of
the
following:
7
Sec.
2493.
Section
256B.10,
subsection
3,
unnumbered
8
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
9
The
department
of
education
,
in
consultation
with
the
state
10
Iowa
school
for
the
deaf,
the
area
education
agencies,
school
11
districts,
and
the
early
hearing
detection
and
intervention
12
program
in
the
Iowa
department
of
public
health,
shall
select
13
existing
tools
or
assessments
that
may
be
used
by
qualified
14
educators
to
assess
American
sign
language
and
English
language
15
and
literacy
development
of
deaf
and
hard-of-hearing
children
16
from
birth
through
age
eight.
17
Sec.
2494.
Section
256B.10,
subsections
4
and
7,
Code
2023,
18
are
amended
to
read
as
follows:
19
4.
The
department
of
education
shall
disseminate
the
parent
20
resource
developed
pursuant
to
this
section
to
parents
and
21
guardians
of
deaf
and
hard-of-hearing
children
and,
consistent
22
with
federal
law,
shall
disseminate
the
educator
tools
and
23
assessments
selected
pursuant
to
subsection
3
to
early
hearing
24
detection
and
intervention
programs,
area
education
agencies,
25
school
districts,
accredited
nonpublic
schools,
and
the
26
state
Iowa
school
for
the
deaf
for
use
in
the
development
and
27
modification
of
individualized
family
service
or
individualized
28
education
program
plans,
and
shall
provide
materials
and
29
training
on
the
use
of
such
materials
to
assist
deaf
and
30
hard-of-hearing
children
in
kindergarten
readiness
using
31
American
sign
language
or
English,
or
both,
from
birth
through
32
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age
eight.
33
7.
The
department
of
education
shall
annually
compile,
34
and
publish
on
the
department’s
internet
site,
a
report
using
35
existing
data
reported
in
compliance
with
the
state
performance
1
plan
on
pupils
with
disabilities,
required
under
federal
law,
2
that
is
specific
to
language
and
literacy
development
in
deaf
3
and
hard-of-hearing
children
from
birth
through
age
eight,
4
including
those
children
who
are
deaf
or
hard
of
hearing
and
5
have
other
disabilities,
relative
to
the
children’s
peers
who
6
are
not
deaf
or
hard
of
hearing.
7
Sec.
2495.
Section
256B.10,
subsection
5,
paragraphs
a,
b,
8
and
e,
Code
2023,
are
amended
to
read
as
follows:
9
a.
If
moneys
are
appropriated
by
the
general
assembly
for
10
a
fiscal
year
for
the
purpose
provided
in
this
subsection
,
11
the
department
of
education
shall
develop
guidelines
for
a
12
comprehensive
family
support
mentoring
program
that
meets
the
13
language
and
communication
needs
of
families.
14
b.
The
department
of
education
shall
work
with
the
early
15
hearing
detection
and
intervention
program
in
the
Iowa
16
department
of
public
health,
the
state
Iowa
school
for
the
17
deaf,
and
the
area
education
agencies
when
developing
the
18
guidelines.
The
department
of
education
,
in
consultation
with
19
the
Iowa
school
for
the
deaf,
shall
administer
the
family
20
support
mentoring
program
for
deaf
or
hard-of-hearing
children.
21
e.
The
department
of
education
shall
coordinate
family
22
support
mentoring
activities
with
the
early
hearing
detection
23
and
intervention
program
in
the
Iowa
department
of
public
24
health,
the
state
Iowa
school
for
the
deaf,
the
area
education
25
agencies,
and
nonprofit
organizations
that
provide
family
26
support
mentoring
to
parents
with
deaf
or
hard-of-hearing
27
children.
28
Sec.
2496.
Section
256B.10,
subsection
5,
paragraph
d,
29
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
30
follows:
31
In
establishing
the
family
support
mentoring
program,
the
32
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department
of
education
may
do
all
of
the
following:
33
Sec.
2497.
Section
261E.2,
subsection
8,
Code
2023,
is
34
amended
to
read
as
follows:
35
8.
“Student”
means
any
individual
enrolled
in
grades
nine
1
through
twelve
in
a
school
district
who
meets
the
criteria
in
2
section
261E.3,
subsection
1
.
“Student”
includes
an
individual
3
attending
an
accredited
nonpublic
school
or
the
Iowa
school
4
for
the
deaf
or
the
Iowa
braille
and
sight
saving
school
for
5
purposes
of
sections
261E.4
and
261E.6
.
6
Sec.
2498.
Section
261E.6,
subsections
3,
4,
and
6,
Code
7
2023,
are
amended
to
read
as
follows:
8
3.
Authorization.
To
participate
in
this
program,
an
9
eligible
student
shall
make
application
to
an
eligible
10
postsecondary
institution
to
allow
the
eligible
student
to
11
enroll
for
college
credit
in
a
nonsectarian
course
offered
at
12
the
institution.
A
comparable
course,
as
defined
in
rules
13
adopted
by
the
board
of
directors
of
the
school
district
14
consistent
with
department
administrative
rule,
must
not
be
15
offered
by
the
school
district
or
accredited
nonpublic
school
16
the
student
attends.
A
course
is
ineligible
for
purposes
17
of
this
section
if
the
school
district
has
a
contractual
18
agreement
with
the
eligible
postsecondary
institution
under
19
section
261E.8
that
meets
the
requirements
of
section
257.11,
20
subsection
3
,
and
the
course
may
be
delivered
through
such
an
21
agreement
in
accordance
with
section
257.11,
subsection
3
.
22
If
the
postsecondary
institution
accepts
an
eligible
student
23
for
enrollment
under
this
section
,
the
institution
shall
send
24
written
notice
to
the
student,
the
student’s
parent
or
legal
25
guardian
in
the
case
of
a
minor
child,
and
the
student’s
school
26
district
or
accredited
nonpublic
school
and
the
school
district
27
in
the
case
of
a
nonpublic
school
student,
or
the
Iowa
school
28
for
the
deaf
or
the
Iowa
braille
and
sight
saving
school
.
The
29
notice
shall
list
the
course,
the
clock
hours
the
student
will
30
be
attending
the
course,
and
the
number
of
hours
of
college
31
credit
that
the
eligible
student
will
receive
from
the
eligible
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postsecondary
institution
upon
successful
completion
of
the
33
course.
34
4.
Credits.
35
a.
A
school
district,
the
Iowa
school
for
the
deaf,
the
1
Iowa
braille
and
sight
saving
school,
or
accredited
nonpublic
2
school
shall
grant
high
school
credit
to
an
eligible
student
3
enrolled
in
a
course
under
this
chapter
if
the
eligible
student
4
successfully
completes
the
course
as
determined
by
the
eligible
5
postsecondary
institution.
The
board
of
directors
of
the
6
school
district,
the
board
of
regents
department
of
education
7
for
the
Iowa
school
for
the
deaf
and
the
Iowa
braille
and
8
sight
saving
school
,
or
authorities
in
charge
of
an
accredited
9
nonpublic
school
shall
determine
the
number
of
high
school
10
credits
that
shall
be
granted
to
an
eligible
student
who
11
successfully
completes
a
course.
Eligible
students
may
take
12
up
to
seven
semester
hours
of
credit
during
the
summer
months
13
when
school
is
not
in
session
and
receive
credit
for
that
14
attendance,
if
the
student
pays
the
cost
of
attendance
for
15
those
summer
credit
hours.
16
b.
The
high
school
credits
granted
to
an
eligible
17
student
under
this
section
shall
count
toward
the
graduation
18
requirements
and
subject
area
requirements
of
the
school
19
district
of
residence,
the
Iowa
school
for
the
deaf,
the
Iowa
20
braille
and
sight
saving
school,
or
accredited
nonpublic
school
21
of
the
eligible
student.
Evidence
of
successful
completion
22
of
each
course
and
high
school
credits
and
college
credits
23
received
shall
be
included
in
the
student’s
high
school
24
transcript.
25
6.
Definition.
For
purposes
of
this
section
and
section
26
261E.7
,
unless
the
context
otherwise
requires,
“eligible
27
student”
means
a
student
classified
by
the
board
of
directors
28
of
a
school
district,
by
the
state
board
of
regents
department
29
of
education
for
pupils
of
the
Iowa
school
for
the
deaf
and
the
30
Iowa
braille
and
sight
saving
school
,
or
by
the
authorities
31
in
charge
of
an
accredited
nonpublic
school
as
a
ninth
or
32
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tenth
grade
student
who
is
identified
according
to
the
school
33
district’s
gifted
and
talented
criteria
and
procedures,
34
pursuant
to
section
257.43
,
as
a
gifted
and
talented
child,
35
or
an
eleventh
or
twelfth
grade
student,
during
the
period
1
the
student
is
participating
in
the
postsecondary
enrollment
2
options
program.
3
Sec.
2499.
Section
261E.7,
subsection
1,
unnumbered
4
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
5
Not
later
than
June
30
of
each
year,
a
school
district
6
shall
pay
a
tuition
reimbursement
amount
to
a
postsecondary
7
institution
that
has
enrolled
its
resident
eligible
8
students
under
this
chapter
,
unless
the
eligible
student
is
9
participating
in
open
enrollment
under
section
282.18
,
in
which
10
case,
the
tuition
reimbursement
amount
shall
be
paid
by
the
11
receiving
district.
However,
if
a
child’s
residency
changes
12
during
a
school
year,
the
tuition
shall
be
paid
by
the
district
13
in
which
the
child
was
enrolled
as
of
the
date
specified
in
14
section
257.6,
subsection
1
,
or
the
district
in
which
the
child
15
was
counted
under
section
257.6,
subsection
1
,
paragraph
“a”
,
16
subparagraph
(6).
For
students
enrolled
at
the
Iowa
school
17
for
the
deaf
and
the
Iowa
braille
and
sight
saving
school
,
18
the
state
board
of
regents
department
of
education
shall
pay
19
a
tuition
reimbursement
amount
by
June
30
of
each
year.
The
20
amount
of
tuition
reimbursement
for
each
separate
course
shall
21
equal
the
lesser
of:
22
Sec.
2500.
Section
262.7,
subsections
4
and
5,
Code
2023,
23
are
amended
by
striking
the
subsections.
24
Sec.
2501.
Section
262.9,
subsection
2,
Code
2023,
is
25
amended
to
read
as
follows:
26
2.
Elect
a
president
of
each
of
the
institutions
of
higher
27
learning;
a
superintendent
of
each
of
the
other
institutions;
28
a
treasurer
and
a
secretarial
officer
for
each
institution
29
annually;
professors,
instructors,
officers,
and
employees;
30
and
fix
their
compensation.
Sections
279.12
through
279.19
31
and
section
279.27
apply
to
employees
of
the
Iowa
braille
and
32
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sight
saving
school
and
the
Iowa
school
for
the
deaf,
who
are
33
licensed
pursuant
to
chapter
272
.
In
following
those
sections
34
in
chapter
279
,
the
references
to
boards
of
directors
of
35
school
districts
shall
be
interpreted
to
apply
to
the
board
of
1
regents.
2
Sec.
2502.
Section
262.9,
subsection
21,
Code
2023,
is
3
amended
by
striking
the
subsection.
4
Sec.
2503.
Section
262.43,
Code
2023,
is
amended
to
read
as
5
follows:
6
262.43
Students
residing
on
state-owned
land.
7
The
state
board
of
regents
shall
pay
to
the
local
school
8
boards
the
tuition
payments
and
transportation
costs,
as
9
otherwise
authorized
by
statutes
for
the
elementary
or
high
10
school
education
of
students
residing
on
land
owned
by
the
11
state
and
under
the
control
of
the
state
board
of
regents.
12
Such
payments
for
the
three
institutions
of
higher
learning,
13
the
state
university
of
Iowa,
the
Iowa
state
university
of
14
science
and
technology,
and
the
university
of
northern
Iowa,
15
shall
be
made
from
the
funds
of
the
respective
institutions
16
other
than
state
appropriations
,
and
for
the
two
noncollegiate
17
institutions,
the
Iowa
braille
and
sight
saving
school
and
the
18
Iowa
school
for
the
deaf,
the
payments
and
costs
shall
be
paid
19
from
moneys
appropriated
to
the
state
board
of
regents
.
20
Sec.
2504.
Section
263.21,
Code
2023,
is
amended
to
read
as
21
follows:
22
263.21
Transfer
of
patients
from
state
institutions.
23
The
director
of
the
department
of
human
services,
in
respect
24
to
institutions
under
the
director’s
control,
the
administrator
25
of
any
of
the
divisions
of
the
department,
in
respect
to
26
the
institutions
under
the
administrator’s
control,
and
the
27
director
of
the
department
of
corrections,
in
respect
to
the
28
institutions
under
the
department’s
control,
and
the
state
29
board
of
regents,
in
respect
to
the
Iowa
braille
and
sight
30
saving
school
and
the
Iowa
school
for
the
deaf,
may
send
any
31
inmate,
student,
or
patient
of
an
institution,
or
any
person
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committed
or
applying
for
admission
to
an
institution,
to
the
33
university
of
Iowa
hospitals
and
clinics
for
treatment
and
34
care.
The
department
of
human
services
,
and
the
department
of
35
corrections
,
and
the
state
board
of
regents
shall
respectively
1
pay
the
traveling
expenses
of
such
patient,
and
when
necessary
2
the
traveling
expenses
of
an
attendant
for
the
patient,
out
of
3
funds
appropriated
for
the
use
of
the
institution
from
which
4
the
patient
is
sent.
5
Sec.
2505.
Section
269.1,
Code
2023,
is
amended
by
striking
6
the
section
and
inserting
in
lieu
thereof
the
following:
7
269.1
Iowa
educational
services
for
the
blind
and
visually
8
impaired
program.
9
Any
resident
of
the
state
under
twenty-one
years
of
age
who
10
is
blind
or
visually
impaired
shall
be
entitled
to
receive
the
11
services
of
the
Iowa
educational
services
for
the
blind
and
12
visually
impaired
program.
The
department
shall
coordinate
13
with
area
education
agencies
and
school
districts
on
the
14
provision
of
these
services
for
any
eligible
student.
15
Sec.
2506.
Section
270.3,
Code
2023,
is
amended
to
read
as
16
follows:
17
270.3
Admission
——
Iowa
school
for
the
deaf
.
18
Any
resident
of
the
state
less
than
twenty-one
years
of
19
age
who
has
a
hearing
loss
which
is
too
severe
to
acquire
an
20
education
in
the
public
schools
is
eligible
to
attend
the
Iowa
21
school
for
the
deaf.
Nonresidents
similarly
situated
may
be
22
admitted
to
an
education
therein
the
Iowa
school
for
the
deaf
23
upon
such
terms
as
may
be
fixed
by
the
state
board
of
regents
24
department
.
The
fee
for
nonresidents
shall
be
set
by
the
state
25
board
of
regents
department
.
26
Sec.
2507.
Section
270.4,
Code
2023,
is
amended
to
read
as
27
follows:
28
270.4
Clothing
and
prescriptions.
29
The
superintendent
of
the
Iowa
school
for
the
deaf
shall
30
provide
students,
who
would
otherwise
be
without,
with
clothing
31
or
prescription
refills,
and
shall
bill
the
student’s
parent
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or
guardian,
if
the
student
is
a
minor,
or
the
student
if
the
33
student
has
attained
the
age
of
majority,
for
any
clothing
or
34
prescription
refills
provided.
The
bill
shall
be
presumptive
35
evidence
in
all
courts.
1
Sec.
2508.
Section
270.8,
Code
2023,
is
amended
to
read
as
2
follows:
3
270.8
Residence
during
vacation.
4
The
residence
of
indigent
or
homeless
children
may,
by
order
5
of
the
state
board
of
regents
department
,
be
continued
during
6
vacation
months.
7
Sec.
2509.
Section
270.9,
Code
2023,
is
amended
to
read
as
8
follows:
9
270.9
Iowa
school
for
the
deaf
and
the
Iowa
braille
and
sight
10
saving
school
——
transportation
reimbursement
.
11
Funds
appropriated
to
the
Iowa
school
for
the
deaf
and
12
the
Iowa
braille
and
sight
saving
school
for
payments
to
the
13
parents
or
guardians
of
pupils
in
either
that
institution
shall
14
be
expended
as
follows:
15
1.
Transportation
reimbursement
at
a
rate
established
16
annually
by
the
state
board
of
regents
department
to
the
17
parents
or
guardians
of
children
who
do
not
reside
in
the
18
institution,
but
are
transported
to
the
institution
on
a
daily
19
basis.
20
2.
Transportation
reimbursement
at
a
rate
established
21
annually
by
the
state
board
of
regents
department
to
the
22
parents
or
guardians
for
transportation
from
the
institution
23
to
the
residence
of
the
parent
or
guardian
and
return
to
the
24
institution
for
children
who
reside
in
the
institution.
25
Sec.
2510.
Section
270.10,
Code
2023,
is
amended
to
read
as
26
follows:
27
270.10
Merger
Closure
requirements.
28
1.
The
state
board
of
regents
department
shall
not
merge
29
close
the
Iowa
school
for
the
deaf
at
Council
Bluffs
with
the
30
Iowa
braille
and
sight
saving
school
at
Vinton
or
close
either
31
of
those
institutions
until
all
of
the
following
requirements
32
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have
been
met:
33
a.
1.
The
department
of
management
has
presented
to
the
34
general
assembly
a
comprehensive
plan,
program,
and
fiscal
35
analysis
of
the
existing
circumstances
and
the
circumstances
1
which
would
prevail
upon
the
proposed
merger
or
closing,
2
together
with
data
which
would
support
the
contention
that
the
3
merger
or
closing
will
be
more
efficient
and
effective
than
4
continuation
of
the
existing
facilities
facility
.
The
analysis
5
shall
include
a
detailed
study
of
the
educational
implications
6
of
the
merger
or
closing,
the
impact
on
the
students,
and
7
the
opinions
and
research
of
nationally
recognized
experts
8
in
the
field
of
the
education
of
visually
impaired
and
deaf
9
or
hard-of-hearing
students.
The
comprehensive
plan
shall
10
further
include
a
study
relating
to
the
programming,
fiscal
11
consequences,
and
political
implications
which
would
result
if
12
either
a
merger
or
an
agreement
under
chapter
28E
should
be
13
implemented
between
the
Iowa
school
for
the
deaf
in
Council
14
Bluffs
and
comparable
state
programs
in
the
state
of
Nebraska.
15
b.
2.
The
general
assembly
has
studied
the
plans,
programs,
16
and
fiscal
analysis
and
has
reviewed
their
impact
on
the
17
programs.
18
c.
3.
The
general
assembly
has
enacted
legislation
19
authorizing
either
the
closing
or
the
merger
to
take
effect
not
20
sooner
than
two
years
after
the
enactment
of
the
legislation.
21
2.
This
section
shall
not
apply
to
an
agreement
related
to
22
the
sale
or
transfer
of
the
property
of
the
Iowa
braille
and
23
sight
saving
school
at
Vinton
entered
into
between
the
state
24
of
Iowa
and
the
city
of
Vinton.
25
Sec.
2511.
Section
280.16,
subsection
7,
Code
2023,
is
26
amended
to
read
as
follows:
27
7.
The
Iowa
braille
and
sight
saving
school,
the
Iowa
school
28
for
the
deaf
,
and
the
institutions
under
the
control
of
the
29
department
of
human
services
as
provided
in
section
218.1
are
30
exempt
from
the
provisions
of
this
section
.
31
Sec.
2512.
Section
321.1,
subsection
8,
paragraph
i,
Code
32
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2023,
is
amended
to
read
as
follows:
33
i.
If
authorized
to
transport
students
or
clients
by
the
34
superintendent
of
the
Iowa
braille
and
sight
saving
school
35
or
of
the
Iowa
school
for
the
deaf,
or
the
superintendent’s
1
respective
designee,
an
employee
of
the
Iowa
braille
and
2
sight
saving
school
or
the
Iowa
school
for
the
deaf
is
not
a
3
chauffeur
when
transporting
the
students
or
clients.
4
Sec.
2513.
Section
331.381,
subsection
9,
Code
2023,
is
5
amended
to
read
as
follows:
6
9.
Comply
with
chapters
269
and
270
chapter
256,
subchapter
7
V,
in
regard
to
the
payment
of
costs
for
pupils
at
the
Iowa
8
braille
and
sight
saving
school
and
the
Iowa
school
for
the
9
deaf.
10
Sec.
2514.
Section
331.424,
subsection
1,
paragraph
a,
11
subparagraph
(1),
subparagraph
division
(b),
Code
2023,
is
12
amended
to
read
as
follows:
13
(b)
Clothing,
transportation,
medical,
or
other
services
14
provided
persons
attending
the
Iowa
braille
and
sight
saving
15
school,
the
Iowa
school
for
the
deaf
,
or
the
university
of
Iowa
16
hospitals
and
clinics’
center
for
disabilities
and
development
17
for
children
with
severe
disabilities
at
Iowa
City,
for
which
18
the
county
becomes
obligated
to
pay
pursuant
to
sections
19
263.12
,
269.2
,
and
270.4
.
20
Sec.
2515.
Section
331.552,
subsection
13,
Code
2023,
is
21
amended
to
read
as
follows:
22
13.
Make
transfer
payments
to
the
state
for
school
expenses
23
for
blind
and
deaf
and
hard-of-hearing
children
and
support
of
24
persons
with
mental
illness
as
provided
in
sections
section
25
230.21
and
269.2
.
26
Sec.
2516.
Section
483A.24,
subsection
7,
Code
2023,
is
27
amended
to
read
as
follows:
28
7.
A
license
shall
not
be
required
of
minor
pupils
of
29
the
Iowa
braille
and
sight
saving
school,
Iowa
school
for
30
the
deaf
,
or
of
minor
residents
of
other
state
institutions
31
under
the
control
of
an
administrator
of
a
division
of
the
32
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department
of
human
services.
In
addition,
a
person
who
is
33
on
active
duty
with
the
armed
forces
of
the
United
States,
34
on
authorized
leave
from
a
duty
station
located
outside
of
35
this
state,
and
a
resident
of
the
state
of
Iowa
shall
not
be
1
required
to
have
a
license
to
hunt
or
fish
in
this
state.
The
2
military
person
shall
carry
the
person’s
leave
papers
and
a
3
copy
of
the
person’s
current
earnings
statement
showing
a
4
deduction
for
Iowa
income
taxes
while
hunting
or
fishing.
In
5
lieu
of
carrying
the
person’s
earnings
statement,
the
military
6
person
may
also
claim
residency
if
the
person
is
registered
to
7
vote
in
this
state.
If
a
deer
or
wild
turkey
is
taken,
the
8
military
person
shall
immediately
contact
a
state
conservation
9
officer
to
obtain
an
appropriate
tag
to
transport
the
animal.
10
A
license
shall
not
be
required
of
residents
of
county
care
11
facilities
or
any
person
who
is
receiving
supplementary
12
assistance
under
chapter
249
.
13
Sec.
2517.
REPEAL.
Section
269.2,
Code
2023,
is
repealed.
14
Sec.
2518.
CODE
EDITOR
DIRECTIVE.
15
1.
The
Code
editor
is
directed
to
make
the
following
16
transfers:
17
a.
Section
256B.10
to
section
256.106.
18
b.
Section
269.1
to
section
256.96.
19
c.
Section
270.1
to
section
256.98.
20
d.
Section
270.3
to
section
256.97.
21
e.
Section
270.4
to
section
256.99.
22
f.
Section
270.8
to
section
256.100.
23
g.
Section
270.9
to
section
256.101.
24
h.
Section
270.10
to
section
256.102.
25
2.
The
Code
editor
shall
correct
internal
references
in
the
26
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
27
enactment
of
this
section.
28
3.
The
Code
editor
may
designate
sections
256.95
through
29
256.107,
as
amended
or
enacted
in
this
division
of
this
Act,
as
30
new
subchapter
V
within
chapter
256,
entitled
“Iowa
educational
31
services
for
the
blind
and
visually
impaired
program
and
Iowa
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school
for
the
deaf”.
33
Sec.
2519.
TRANSITION
PROVISIONS.
34
1.
The
property
and
records
in
the
custody
of
the
state
35
board
of
regents
relating
to
the
Iowa
braille
and
sight
saving
1
school,
the
Iowa
school
for
the
deaf,
the
hall
of
fame
for
2
distinguished
graduates
at
the
Iowa
braille
and
sight
saving
3
school,
and
the
hall
of
fame
for
distinguished
graduates
at
the
4
Iowa
school
for
the
deaf
shall
be
transferred
to
the
department
5
of
education.
6
2.
All
employees
of
the
Iowa
school
for
the
deaf
established
7
pursuant
to
chapter
270
shall
be
considered
employees
of
the
8
department
of
education
on
the
effective
date
of
this
division
9
of
this
Act
without
incurring
any
loss
in
salary,
benefits,
or
10
accrued
years
of
service.
11
INNOVATION
DIVISION
12
Sec.
2520.
Section
268.7,
Code
2023,
is
amended
to
read
as
13
follows:
14
268.7
Science,
Innovation
division
——
science,
technology,
15
engineering,
and
mathematics
collaborative
initiative.
16
1.
The
innovation
division
of
the
department
of
education
17
is
created.
The
chief
administrative
officer
of
the
division
18
is
the
administrator
who
shall
be
a
highly
qualified
science,
19
technology,
engineering,
and
mathematics
advocate
and
shall
be
20
appointed
by
the
director.
21
2.
The
administrator
shall
do
all
of
the
following:
22
a.
Direct
and
organize
the
activities
of
the
division,
23
including
the
science,
technology,
engineering,
and
mathematics
24
collaborative
initiative
created
in
subsection
3.
25
b.
Control
all
property
of
the
division.
26
c.
Perform
other
duties
imposed
by
law.
27
1.
3.
A
science,
technology,
engineering,
and
mathematics
28
collaborative
initiative
is
established
at
the
university
of
29
northern
Iowa
within
the
innovation
division
for
purposes
30
of
supporting
activities
directly
related
to
recruitment
of
31
prekindergarten
through
grade
twelve
mathematics
and
science
32
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teachers
for
ongoing
mathematics
and
science
programming
for
33
students
enrolled
in
prekindergarten
through
grade
twelve.
34
2.
4.
The
collaborative
initiative
shall
prioritize
35
student
interest
in
achievement
in
science,
technology,
1
engineering,
and
mathematics;
reach
every
student
and
teacher
2
in
every
school
district
in
the
state;
identify,
recruit,
3
prepare,
and
support
the
best
mathematics
and
science
teachers;
4
and
sustain
exemplary
programs
through
the
university’s
Iowa
5
mathematics
and
science
education
partnership
.
The
university
6
innovation
division
shall
collaborate
with
the
community
7
colleges
to
develop
science,
technology,
engineering,
and
8
mathematics
professional
development
programs
for
community
9
college
instructors
and
for
purposes
of
science,
technology,
10
engineering,
and
mathematics
curricula
development.
11
3.
5.
Subject
to
an
appropriation
of
funds
moneys
by
the
12
general
assembly,
the
initiative
innovation
division
shall
13
administer
the
following:
14
a.
Regional
science,
technology,
engineering,
and
15
mathematics
networks
for
Iowa,
the
purpose
of
which
is
to
16
equalize
science,
technology,
engineering,
and
mathematics
17
education
enrichment
opportunities
available
to
learners
18
statewide.
The
initiative
innovation
division
shall
establish
19
six
geographically
similar
regional
science,
technology,
20
engineering,
and
mathematics
networks
across
Iowa
that
21
complement
and
leverage
existing
resources,
including
but
22
not
limited
to
extension
service
assets,
area
education
23
agencies,
state
accredited
postsecondary
institutions,
24
informal
educational
centers,
school
districts,
economic
25
development
zones,
and
existing
public
and
private
science,
26
technology,
engineering,
and
mathematics
partnerships.
Each
27
network
shall
be
managed
by
a
highly
qualified
science,
28
technology,
engineering,
and
mathematics
advocate
positioned
29
at
a
network
hub
to
be
determined
through
a
competitive
30
application
process.
Oversight
for
each
regional
network
31
shall
be
provided
by
a
regional
advisory
board.
Members
of
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board
shall
be
appointed
by
the
governor.
The
membership
33
shall
represent
prekindergarten
through
grade
twelve
school
34
districts
and
schools,
and
higher
education,
business,
35
nonprofit
organizations,
youth
agencies,
and
other
appropriate
1
stakeholders.
2
b.
A
focused
array
of
the
best
science,
technology,
3
engineering,
and
mathematics
enrichment
opportunities,
selected
4
through
a
competitive
application
process,
that
can
be
expanded
5
to
meet
future
needs.
A
limited,
focused
list
of
selected
6
exemplary
programs
shall
be
made
available
to
each
regional
7
network.
8
c.
Statewide
science,
technology,
engineering,
and
9
mathematics
programming
designed
to
increase
participation
of
10
students
and
teachers
in
successful
learning
experiences;
to
11
increase
the
number
of
science,
technology,
engineering,
and
12
mathematics-related
teaching
majors
offered
by
the
state’s
13
universities;
to
elevate
public
awareness
of
the
opportunities;
14
and
to
increase
collaboration
and
partnerships.
15
4.
6.
The
initiative
innovation
division
shall
evaluate
the
16
effectiveness
of
programming
to
document
best
practices.
17
7.
The
state
board
shall
adopt
rules
pursuant
to
chapter
17A
18
to
administer
this
section.
19
Sec.
2521.
CODE
EDITOR
DIRECTIVE.
20
1.
The
Code
editor
is
directed
to
make
the
following
21
transfer:
22
Section
268.7
to
section
256.111.
23
2.
The
Code
editor
shall
correct
internal
references
in
the
24
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
25
enactment
of
this
section.
26
3.
The
Code
editor
may
designate
section
256.111,
as
enacted
27
in
this
division
of
this
Act,
as
new
subchapter
VI
within
28
chapter
256,
entitled
“Innovation
Division”.
29
Sec.
2522.
TRANSITION
PROVISIONS.
30
1.
The
property
and
records
in
the
custody
of
the
state
31
board
of
regents
or
the
university
of
northern
Iowa
relating
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to
the
science,
technology,
engineering,
and
mathematics
33
collaborative
initiative
shall
be
transferred
to
the
department
34
of
education
on
or
before
the
effective
date
of
this
division
35
of
this
Act.
1
2.
All
employees
of
the
university
of
northern
Iowa
whose
2
primary
workplace
is
located
at
the
university
of
northern
Iowa
3
under
the
science,
technology,
engineering,
and
mathematics
4
collaborative
initiative
established
pursuant
to
section
268.7
5
shall
be
considered
employees
of
the
innovation
division
of
the
6
department
of
education
on
the
effective
date
of
this
division
7
of
this
Act
without
incurring
any
loss
in
salary,
benefits,
or
8
accrued
years
of
service.
9
3.
The
state
board
of
regents
and
the
university
of
10
northern
Iowa
shall
assist
the
department
of
education
in
11
implementing
this
division
of
this
Act
by
providing
for
an
12
effective
transition
of
powers
and
duties
from
one
entity
13
to
another
under
section
268.7,
chapters
256
and
262,
and
14
related
administrative
rules.
To
the
extent
requested
by
15
the
department
of
education,
such
assistance
shall
include
16
assisting
in
cooperating
with
federal
agencies
such
as
the
17
United
States
department
of
education.
18
4.
Any
contract
issued
or
entered
into
by
the
state
board
19
of
regents
or
the
university
of
northern
Iowa
relating
to
the
20
provisions
of
section
268.7,
in
effect
on
the
effective
date
21
of
this
division
of
this
Act,
shall
continue
in
full
force
and
22
effect
pending
transfer
of
such
contract
to
the
innovation
23
division
of
the
department
of
education.
24
5.
Federal
funds
utilized
by
the
state
board
of
regents
or
25
the
university
of
northern
Iowa
prior
to
the
effective
date
of
26
this
division
of
this
Act
to
employ
personnel
necessary
for
27
the
administration
of
the
science,
technology,
engineering,
28
and
mathematics
collaborative
initiative
established
pursuant
29
to
section
268.7
shall
be
applied
to
and
be
available
for
the
30
transfer
of
such
personnel
from
the
state
board
of
regents
or
31
the
university
of
northern
Iowa
to
the
innovation
division
of
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the
department
of
education.
33
HIGHER
EDUCATION
DIVISION
AND
MISCELLANEOUS
CHANGES
34
Sec.
2523.
Section
256.1,
subsection
1,
Code
2023,
is
35
amended
by
adding
the
following
new
paragraphs:
1
NEW
PARAGRAPH
.
g.
The
Iowa
educational
services
for
the
2
blind
and
visually
impaired
program.
3
NEW
PARAGRAPH
.
h.
The
Iowa
school
for
the
deaf.
4
NEW
PARAGRAPH
.
i.
The
science,
technology,
engineering,
5
and
mathematics
collaborative
initiative
within
the
innovation
6
division
of
the
department.
7
NEW
PARAGRAPH
.
j.
The
college
student
aid
commission
within
8
the
higher
education
division
of
the
department.
9
NEW
PARAGRAPH
.
k.
The
board
of
educational
examiners
within
10
the
higher
education
division
of
the
department.
11
NEW
PARAGRAPH
.
l.
Career
and
technical
education
programs
12
offered
by
school
districts
or
community
colleges.
13
Sec.
2524.
Section
256.7,
unnumbered
paragraph
1,
Code
14
2023,
is
amended
to
read
as
follows:
15
Except
for
the
college
student
aid
commission,
the
16
commission
of
libraries
and
division
of
library
services,
17
higher
education
division;
the
bureaus,
boards,
and
commissions
18
within
the
higher
education
division;
and
the
public
19
broadcasting
board
and
division,
the
state
board
shall:
20
Sec.
2525.
Section
256.9,
unnumbered
paragraph
1,
Code
21
2023,
is
amended
to
read
as
follows:
22
Except
for
the
college
student
aid
commission,
the
23
commission
of
libraries
and
division
of
library
services,
24
higher
education
division;
the
bureaus,
boards,
and
commissions
25
within
the
higher
education
division;
and
the
public
26
broadcasting
board
and
division,
the
director
shall:
27
Sec.
2526.
NEW
SECTION
.
256.121
Higher
education
division
28
created.
29
1.
The
higher
education
division
of
the
department
of
30
education
is
created.
The
chief
administrative
officer
of
the
31
division
is
the
administrator
who
shall
be
appointed
by
the
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director.
33
2.
The
administrator
shall
do
all
of
the
following:
34
a.
Administer
and
coordinate
all
of
the
following
bureaus,
35
boards,
and
commissions
within
the
higher
education
division:
1
(1)
The
career
and
technical
education
bureau
under
part
2.
2
(2)
The
board
of
educational
examiners
under
part
3.
3
(3)
The
college
student
aid
commission
under
part
4.
4
(4)
The
community
colleges
bureau
under
chapter
260C.
5
b.
Direct
and
organize
the
activities
of
the
division.
6
c.
Control
all
property
of
the
division.
7
d.
Hire
and
control
the
personnel
employed
by
the
division.
8
e.
Perform
other
duties
imposed
by
law.
9
Sec.
2527.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
may
10
designate
section
256.121
as
new
subchapter
VII
within
chapter
11
256,
entitled
“Higher
Education
Division”,
and
new
part
1
12
within
new
subchapter
VII
entitled
“General
Provisions”.
13
COMMUNITY
COLLEGES
AND
POST-SECONDARY
READINESS
BUREAU
14
Sec.
2528.
Section
256.7,
subsection
2,
Code
2023,
is
15
amended
to
read
as
follows:
16
2.
Constitute
the
state
board
for
career
and
technical
17
education
under
chapter
258
subchapter
VII,
part
2
.
18
Sec.
2529.
Section
256.11,
subsection
5,
paragraph
h,
19
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
20
(2)
Instructional
programs
provided
under
subparagraph
(1)
21
shall
comply
with
the
provisions
of
chapter
258
subchapter
VII,
22
part
2,
relating
to
career
and
technical
education,
and
shall
23
be
articulated
with
postsecondary
programs
of
study
and
include
24
field,
laboratory,
or
on-the-job
training.
Each
sequential
25
unit
shall
contain
a
portion
of
a
career
and
technical
26
education
program
approved
by
the
department.
Standards
for
27
instructional
programs
shall
include
but
not
be
limited
to
new
28
and
emerging
technologies;
job-seeking,
job-adaptability,
and
29
other
employment,
self-employment
and
entrepreneurial
skills
30
that
reflect
current
industry
standards
and
labor-market
needs;
31
and
reinforcement
of
basic
academic
skills.
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Sec.
2530.
Section
257.51,
subsection
3,
Code
2023,
is
33
amended
to
read
as
follows:
34
3.
The
department
of
education
shall
adopt
rules
to
35
establish
and
administer
a
career
academy
grant
program
1
to
provide
for
the
allocation
of
money
in
the
fund
in
2
the
form
of
competitive
grants,
not
to
exceed
one
million
3
dollars
per
grant,
to
school
corporations
for
career
academy
4
infrastructure,
career
academy
equipment,
or
both,
in
5
accordance
with
the
goals
of
this
section
and
to
further
the
6
goals
of
the
establishment
and
operation
of
career
academies
7
under
section
258.15
.
The
rules
adopted
by
the
department
8
of
education
shall
specify
the
eligibility
of
applicants
9
and
eligible
items
for
grant
funding.
Priority
for
grants
10
shall
first
be
given
to
applications
to
establish
new
career
11
academies
that
are
organized
as
regional
centers
pursuant
to
12
chapter
258
256,
subchapter
VII,
part
2
.
Subsequent
priority
13
shall
be
given
to
applications
for
expanding
existing
career
14
academies.
15
Sec.
2531.
Section
258.3,
Code
2023,
is
amended
to
read
as
16
follows:
17
258.3
Personnel
Community
colleges
and
post-secondary
18
readiness
bureau
——
personnel
.
19
The
director
of
the
department
of
education
shall
appoint
20
the
bureau
chief
of
the
community
colleges
and
post-secondary
21
readiness
bureau,
and
the
bureau
chief
shall
direct
the
work
of
22
personnel
as
necessary
to
carry
out
this
chapter
part
.
23
Sec.
2532.
Section
258.3A,
subsection
3,
Code
2023,
is
24
amended
to
read
as
follows:
25
3.
Adopt
rules
prescribing
standards
for
approval
of
school
26
district
career
and
technical
education
programs;
and
community
27
colleges
with
career
and
technical
education
programs;
and
28
practitioner
preparation
schools,
departments,
and
classes,
29
applying
for
federal
and
state
moneys
under
this
chapter
part
.
30
Sec.
2533.
Section
258.4,
subsection
10,
Code
2023,
is
31
amended
to
read
as
follows:
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10.
Notwithstanding
the
accreditation
process
contained
33
in
section
256.11
,
permit
school
districts
that
provide
a
34
program
which
does
not
meet
the
standards
for
accreditation
35
for
career
and
technical
education
to
cooperate
with
the
1
regional
career
and
technical
education
planning
partnership
2
and
contract
for
an
approved
program
under
this
chapter
part
3
without
losing
accreditation.
A
school
district
that
fails
4
to
cooperate
with
the
regional
career
and
technical
education
5
planning
partnership
and
contract
for
an
approved
program
6
shall,
however,
be
subject
to
section
256.11
.
7
Sec.
2534.
Section
258.6,
Code
2023,
is
amended
to
read
as
8
follows:
9
258.6
Definitions.
10
As
used
in
this
chapter
part
:
11
1.
“Approved
career
and
technical
education
program”
means
12
a
career
and
technical
education
program
offered
by
a
school
13
district
or
community
college
and
approved
by
the
department
14
bureau
which
meets
the
standards
for
career
and
technical
15
education
programs
adopted
by
the
state
board
under
this
16
chapter
part
.
17
2.
“Approved
practitioner
preparation
school,
department,
18
or
class”
means
a
school,
department,
or
class
approved
by
the
19
state
board
as
entitled
under
this
chapter
part
to
federal
20
moneys
for
the
training
of
teachers
of
career
and
technical
21
education
subjects.
22
3.
“Approved
regional
career
and
technical
education
23
planning
partnership”
means
a
regional
entity
that
meets
the
24
standards
for
regional
career
and
technical
education
planning
25
partnerships
adopted
by
the
state
board
pursuant
to
section
26
258.3A
and
section
258.14
.
27
4.
“Career
academy”
means
a
career
academy
established
under
28
section
258.15
.
29
5.
“Career
and
technical
education
service
area”
means
30
any
one
of
the
service
areas
specified
in
section
256.11,
31
subsection
5
,
paragraph
“h”
.
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6.
“Department”
means
the
department
of
education.
33
7.
“Director”
means
the
director
of
the
department
of
34
education.
35
8.
6.
“Sector
partnership”
means
a
regional
industry
sector
1
partnership
established
pursuant
to
section
260H.7B
.
2
9.
7.
“State
board”
means
the
state
board
for
career
and
3
technical
education
as
provided
in
section
258.2
.
4
10.
8.
“Work-based
learning”
means
opportunities
and
5
experiences
that
include
but
are
not
limited
to
tours,
job
6
shadowing,
rotations,
mentoring,
entrepreneurship,
service
7
learning,
internships,
and
apprenticeships.
8
11.
9.
“Work-based
learning
intermediary
network”
means
the
9
statewide
work-based
learning
intermediary
network
established
10
pursuant
to
section
256.40
.
11
Sec.
2535.
Section
258.9,
subsection
1,
Code
2023,
is
12
amended
to
read
as
follows:
13
1.
The
board
of
directors
of
a
school
district
or
community
14
college
that
maintains
a
career
and
technical
education
15
program
receiving
federal
or
state
funds
under
this
chapter
16
part
shall,
as
a
condition
of
approval
by
the
state
board,
17
appoint
a
local
advisory
council
for
each
career
and
technical
18
education
program
offered
by
the
school
district
or
community
19
college.
However,
a
school
district
and
a
community
college
20
that
maintain
a
career
and
technical
education
program
21
receiving
federal
or
state
funds
may
create
a
joint
local
22
advisory
council.
The
membership
of
each
local
advisory
23
council
shall
consist
of
public
members
with
expertise
in
24
the
occupation
or
occupational
field
related
to
the
career
25
and
technical
education
program.
The
local
advisory
council
26
shall
give
advice
and
assistance
to
the
board
of
directors,
27
administrators,
and
instructors
in
the
establishment
and
28
maintenance
of
the
career
and
technical
education
program.
29
Sec.
2536.
Section
258.11,
Code
2023,
is
amended
to
read
as
30
follows:
31
258.11
Salary
and
expenses
for
administration.
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The
director
may
make
expenditures
for
salaries
and
other
33
expenses
as
necessary
to
the
proper
administration
of
this
34
chapter
part
.
35
Sec.
2537.
Section
260C.14,
subsection
1,
Code
2023,
is
1
amended
to
read
as
follows:
2
1.
Determine
the
curriculum
to
be
offered
in
such
school
or
3
college
subject
to
approval
of
the
director
and
ensure
that
all
4
career
and
technical
education
offerings
are
competency-based,
5
provide
any
minimum
competencies
required
by
the
department
6
of
education,
comply
with
any
applicable
requirements
in
7
chapter
258
256,
subchapter
VII,
part
2
,
and
are
articulated
8
with
local
school
district
career
and
technical
education
9
programs.
If
an
existing
private
educational
institution
or
an
10
existing
vocational
institution
offering
a
career
and
technical
11
education
program
within
the
merged
area
has
facilities
and
12
curriculum
of
adequate
size
and
quality
which
would
duplicate
13
the
functions
of
the
area
school,
the
board
of
directors
shall
14
discuss
with
the
institution
the
possibility
of
entering
into
15
contracts
to
have
the
existing
institution
offer
facilities
16
and
curriculum
to
students
of
the
merged
area.
The
board
of
17
directors
shall
consider
any
proposals
submitted
by
the
private
18
institution
for
providing
such
facilities
and
curriculum.
The
19
board
of
directors
may
enter
into
such
contracts.
In
approving
20
curriculum,
the
director
shall
ascertain
that
all
courses
21
and
programs
submitted
for
approval
are
needed
and
that
the
22
curriculum
being
offered
by
an
area
school
does
not
duplicate
23
programs
provided
by
existing
public
or
private
facilities
in
24
the
area.
In
determining
whether
duplication
would
actually
25
exist,
the
director
shall
consider
the
needs
of
the
area
26
and
consider
whether
the
proposed
programs
are
competitive
27
as
to
size,
quality,
tuition,
purposes,
and
area
coverage
28
with
existing
public
and
private
educational
or
vocational
29
institutions
within
the
merged
area.
If
the
board
of
directors
30
of
the
merged
area
chooses
not
to
enter
into
contracts
with
31
private
institutions
under
this
subsection
,
the
board
shall
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submit
a
list
of
reasons
why
contracts
to
avoid
duplication
33
were
not
entered
into
and
an
economic
impact
statement
relating
34
to
the
board’s
decision.
35
Sec.
2538.
Section
598.21B,
subsection
2,
paragraph
e,
1
subparagraph
(1),
subparagraph
division
(c),
Code
2023,
is
2
amended
to
read
as
follows:
3
(c)
The
parent
is
attending
a
career
and
technical
education
4
program
approved
pursuant
to
chapter
258
256,
subchapter
VII,
5
part
2
.
6
Sec.
2539.
EMERGENCY
RULES.
The
state
board
of
education
7
may
adopt
emergency
rules
under
section
17A.4,
subsection
3,
8
and
section
17A.5,
subsection
2,
paragraph
“b”,
to
implement
9
the
provisions
of
this
division
of
this
Act
pertaining
to
the
10
career
and
technical
education
bureau
and
the
rules
shall
11
be
effective
immediately
upon
filing
unless
a
later
date
is
12
specified
in
the
rules.
Any
rules
adopted
in
accordance
with
13
this
section
shall
also
be
published
as
a
notice
of
intended
14
action
as
provided
in
section
17A.4.
15
Sec.
2540.
CODE
EDITOR
DIRECTIVE.
16
1.
The
Code
editor
is
directed
to
make
the
following
17
transfers:
18
a.
Section
258.1
to
section
256.126.
19
b.
Section
258.2
to
section
256.127.
20
c.
Section
258.3
to
section
256.128.
21
d.
Section
258.3A
to
section
256.129.
22
e.
Section
258.4
to
section
256.130.
23
f.
Section
258.5
to
section
256.131.
24
g.
Section
258.6
to
section
256.125.
25
h.
Section
258.9
to
section
256.132.
26
i.
Section
258.10
to
section
256.133.
27
j.
Section
258.11
to
section
256.134.
28
k.
Section
258.12
to
section
256.135.
29
l.
Section
258.14
to
section
256.136.
30
m.
Section
258.15
to
section
256.137.
31
2.
The
Code
editor
shall
correct
internal
references
in
the
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Code
and
in
any
enacted
legislation
as
necessary
due
to
the
33
enactment
of
this
section.
34
3.
The
Code
editor
may
designate
sections
256.125
through
35
256.137,
as
amended
or
enacted
in
this
division
of
this
Act,
1
as
new
part
2
entitled
“Career
and
Technical
Education
Bureau”
2
within
the
subchapter
entitled
“Higher
Education
Division”
as
3
enacted
by
another
division
of
this
Act.
4
Sec.
2541.
TRANSITION
PROVISIONS.
5
1.
Any
contract
issued
or
entered
into
by
the
state
board
6
of
education
or
the
department
of
education
relating
to
the
7
provisions
of
chapter
258,
in
effect
on
the
effective
date
8
of
this
division
of
this
Act,
shall
continue
in
full
force
9
and
effect
pending
transfer
of
such
contract
to
the
higher
10
education
division
of
the
department
of
education.
11
2.
All
employees
of
the
department
of
education
who
work
12
under
the
career
and
technical
education
program
established
13
pursuant
to
chapter
258
shall
be
considered
employees
of
the
14
career
and
technical
education
bureau
of
the
higher
education
15
division
of
the
department
of
education
on
the
effective
date
16
of
this
division
of
this
Act
without
incurring
any
loss
in
17
salary,
benefits,
or
accrued
years
of
service.
18
BOARD
OF
EDUCATIONAL
EXAMINERS
19
Sec.
2542.
Section
20.17,
subsection
10,
paragraph
a,
Code
20
2023,
is
amended
to
read
as
follows:
21
a.
In
the
absence
of
an
impasse
agreement
negotiated
22
pursuant
to
section
20.19
which
provides
for
a
different
23
completion
date,
public
employees
represented
by
a
certified
24
employee
organization
who
are
teachers
licensed
under
chapter
25
272
256,
subchapter
VII,
part
3,
and
who
are
employed
by
a
26
public
employer
which
is
a
school
district
or
area
education
27
agency
shall
complete
the
negotiation
of
a
proposed
collective
28
bargaining
agreement
not
later
than
May
31
of
the
year
29
when
the
agreement
is
to
become
effective.
The
board
shall
30
provide,
by
rule,
a
date
on
which
impasse
items
in
such
cases
31
must
be
submitted
to
binding
arbitration
and
for
such
other
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procedures
as
deemed
necessary
to
provide
for
the
completion
33
of
negotiations
of
proposed
collective
bargaining
agreements
34
not
later
than
May
31.
The
date
selected
for
the
mandatory
35
submission
of
impasse
items
to
binding
arbitration
in
such
1
cases
shall
be
sufficiently
in
advance
of
May
31
to
ensure
that
2
the
arbitrator’s
award
can
be
reasonably
made
by
May
31.
3
Sec.
2543.
Section
20.19,
subsection
1,
Code
2023,
is
4
amended
to
read
as
follows:
5
1.
As
the
first
step
in
the
performance
of
their
duty
to
6
bargain,
the
public
employer
and
the
employee
organization
7
shall
endeavor
to
agree
upon
impasse
procedures.
Such
8
agreement
shall
provide
for
implementation
of
these
impasse
9
procedures
not
later
than
one
hundred
twenty
days
prior
to
10
the
certified
budget
submission
date
of
the
public
employer.
11
However,
if
public
employees
represented
by
the
employee
12
organization
are
teachers
licensed
under
chapter
272
256,
13
subchapter
VII,
part
3
,
and
the
public
employer
is
a
school
14
district
or
area
education
agency,
the
agreement
shall
provide
15
for
implementation
of
impasse
procedures
not
later
than
one
16
hundred
twenty
days
prior
to
May
31
of
the
year
when
the
17
collective
bargaining
agreement
is
to
become
effective.
If
the
18
public
employer
is
a
community
college,
the
agreement
shall
19
provide
for
implementation
of
impasse
procedures
not
later
than
20
one
hundred
twenty
days
prior
to
May
31
of
the
year
when
the
21
collective
bargaining
agreement
is
to
become
effective.
If
22
the
public
employer
is
not
subject
to
the
budget
certification
23
requirements
of
section
24.17
and
other
applicable
sections,
24
the
agreement
shall
provide
for
implementation
of
impasse
25
procedures
not
later
than
one
hundred
twenty
days
prior
26
to
the
date
the
next
fiscal
or
budget
year
of
the
public
27
employer
commences.
If
the
parties
fail
to
agree
upon
impasse
28
procedures
under
the
provisions
of
this
section
,
the
impasse
29
procedures
provided
in
sections
20.20
and
20.22
shall
apply.
30
Sec.
2544.
Section
20.20,
Code
2023,
is
amended
to
read
as
31
follows:
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20.20
Mediation.
33
In
the
absence
of
an
impasse
agreement
negotiated
pursuant
34
to
section
20.19
or
the
failure
of
either
party
to
utilize
its
35
procedures,
one
hundred
twenty
days
prior
to
the
certified
1
budget
submission
date,
or
one
hundred
twenty
days
prior
to
2
May
31
of
the
year
when
the
collective
bargaining
agreement
3
is
to
become
effective
if
public
employees
represented
by
the
4
employee
organization
are
teachers
licensed
under
chapter
5
272
256,
subchapter
VII,
part
3,
and
the
public
employer
is
6
a
school
district
or
area
education
agency,
the
board
shall,
7
upon
the
request
of
either
party,
appoint
an
impartial
and
8
disinterested
person
to
act
as
mediator.
If
the
public
9
employer
is
a
community
college,
and
in
the
absence
of
an
10
impasse
agreement
negotiated
pursuant
to
section
20.19
or
11
the
failure
of
either
party
to
utilize
its
procedures,
one
12
hundred
twenty
days
prior
to
May
31
of
the
year
when
the
13
collective
bargaining
agreement
is
to
become
effective,
the
14
board,
upon
the
request
of
either
party,
shall
appoint
an
15
impartial
and
disinterested
person
to
act
as
mediator.
If
the
16
public
employer
is
not
subject
to
the
budget
certification
17
requirements
of
section
24.17
or
other
applicable
sections
and
18
in
the
absence
of
an
impasse
agreement
negotiated
pursuant
19
to
section
20.19
,
or
the
failure
of
either
party
to
utilize
20
its
procedures,
one
hundred
twenty
days
prior
to
the
date
the
21
next
fiscal
or
budget
year
of
the
public
employer
commences,
22
the
board,
upon
the
request
of
either
party,
shall
appoint
an
23
impartial
and
disinterested
person
to
act
as
a
mediator.
It
24
shall
be
the
function
of
the
mediator
to
bring
the
parties
25
together
to
effectuate
a
settlement
of
the
dispute,
but
the
26
mediator
may
not
compel
the
parties
to
agree.
27
Sec.
2545.
Section
235A.15,
subsection
2,
paragraph
e,
28
subparagraph
(9),
Code
2023,
is
amended
to
read
as
follows:
29
(9)
To
the
board
of
educational
examiners
created
under
30
chapter
272
256
for
purposes
of
determining
whether
a
license,
31
certificate,
or
authorization
should
be
issued,
denied,
or
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revoked.
33
Sec.
2546.
Section
235B.6,
subsection
2,
paragraph
e,
34
subparagraph
(13),
Code
2023,
is
amended
to
read
as
follows:
35
(13)
To
the
board
of
educational
examiners
created
under
1
chapter
272
256
for
purposes
of
determining
whether
a
license,
2
certificate,
or
authorization
should
be
issued,
denied,
or
3
revoked.
4
Sec.
2547.
Section
256.7,
subsection
26,
paragraph
a,
5
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
6
(2)
The
rules
shall
allow
a
school
district
or
accredited
7
nonpublic
school
to
award
high
school
credit
to
an
enrolled
8
student
upon
the
demonstration
of
required
competencies
for
9
a
course
or
content
area,
as
approved
by
a
teacher
licensed
10
under
chapter
272
subchapter
VII,
part
3
.
The
school
district
11
or
accredited
nonpublic
school
shall
determine
the
assessment
12
methods
by
which
a
student
demonstrates
sufficient
evidence
of
13
the
required
competencies.
14
Sec.
2548.
Section
256.7,
subsection
32,
paragraph
c,
Code
15
2023,
is
amended
to
read
as
follows:
16
c.
Rules
adopted
pursuant
to
this
subsection
shall
require
17
that
online
learning
coursework
offered
by
school
districts,
18
accredited
nonpublic
schools,
and
area
education
agencies
be
19
rigorous,
high-quality,
aligned
with
the
Iowa
core
and
core
20
content
requirements
and
standards
and
the
national
standards
21
of
quality
for
online
courses
issued
by
an
internationally
22
recognized
association
for
kindergarten
through
grade
twelve
23
online
learning,
and
taught
by
a
teacher
licensed
under
chapter
24
272
subchapter
VII,
part
3,
who
has
specialized
training
or
25
experience
in
online
learning,
including
but
not
limited
to
an
26
online-learning-for-Iowa-educators-professional-development
27
project
offered
by
area
education
agencies,
a
teacher
28
preservice
program,
or
comparable
coursework.
29
Sec.
2549.
Section
256.9,
subsection
55,
Code
2023,
is
30
amended
to
read
as
follows:
31
55.
Develop
and
maintain
a
list
of
approved
online
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providers
that
provide
course
content
through
an
online
33
learning
platform
taught
by
a
teacher
licensed
under
chapter
34
272
subchapter
VII,
part
3,
who
has
specialized
training
or
35
experience
in
online
learning
including
but
not
limited
to
an
1
online-learning-for-Iowa-educators-professional-development
2
project
offered
by
area
education
agencies,
a
teacher
3
preservice
program,
or
comparable
coursework,
and
whose
online
4
learning
coursework
meets
the
requirements
established
by
5
rule
pursuant
to
section
256.7,
subsection
32
,
paragraph
“c”
.
6
Providers
shall
apply
for
approval
annually
or
as
determined
7
by
the
department.
8
Sec.
2550.
Section
256.11,
subsections
9,
9A,
and
9B,
Code
9
2023,
are
amended
to
read
as
follows:
10
9.
Beginning
July
1,
2006,
each
school
district
shall
have
a
11
qualified
teacher
librarian
who
shall
be
licensed
by
the
board
12
of
educational
examiners
under
chapter
272
subchapter
VII,
13
part
3
.
The
state
board
shall
establish
in
rule
a
definition
14
of
and
standards
for
an
articulated
sequential
kindergarten
15
through
grade
twelve
media
program.
A
school
district
that
16
entered
into
a
contract
with
an
individual
for
employment
as
a
17
media
specialist
or
librarian
prior
to
June
1,
2006,
shall
be
18
considered
to
be
in
compliance
with
this
subsection
until
June
19
30,
2011,
if
the
individual
is
making
annual
progress
toward
20
meeting
the
requirements
for
a
teacher
librarian
endorsement
21
issued
by
the
board
of
educational
examiners
under
chapter
22
272
subchapter
VII,
part
3
.
A
school
district
that
entered
23
into
a
contract
with
an
individual
for
employment
as
a
media
24
specialist
or
librarian
who
holds
at
least
a
master’s
degree
in
25
library
and
information
studies
shall
be
considered
to
be
in
26
compliance
with
this
subsection
until
the
individual
leaves
the
27
employ
of
the
school
district.
28
9A.
Beginning
July
1,
2007,
each
school
district
shall
have
29
a
qualified
guidance
counselor
who
shall
be
licensed
by
the
30
board
of
educational
examiners
under
chapter
272
subchapter
31
VII,
part
3
.
Each
school
district
shall
work
toward
the
32
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goal
of
having
one
qualified
guidance
counselor
for
every
33
three
hundred
fifty
students
enrolled
in
the
school
district.
34
The
state
board
shall
establish
in
rule
a
definition
of
and
35
standards
for
an
articulated
sequential
kindergarten
through
1
grade
twelve
guidance
and
counseling
program.
2
9B.
Beginning
July
1,
2007,
each
school
district
shall
have
3
a
school
nurse
to
provide
health
services
to
its
students.
4
Each
school
district
shall
work
toward
the
goal
of
having
one
5
school
nurse
for
every
seven
hundred
fifty
students
enrolled
in
6
the
school
district.
For
purposes
of
this
subsection
,
“school
7
nurse”
means
a
person
who
holds
an
endorsement
or
a
statement
of
8
professional
recognition
for
school
nurses
issued
by
the
board
9
of
educational
examiners
under
chapter
272
subchapter
VII,
part
10
3
.
11
Sec.
2551.
Section
256.11,
subsection
17,
paragraph
a,
12
subparagraph
(1),
subparagraph
division
(a),
Code
2023,
is
13
amended
to
read
as
follows:
14
(a)
The
school
district
or
accredited
nonpublic
school
15
makes
every
reasonable
and
good
faith
effort
to
employ
a
16
teacher
licensed
under
chapter
272
subchapter
VII,
part
3,
for
17
the
specified
subject
and
is
unable
to
employ
such
a
teacher.
18
Sec.
2552.
Section
256.11,
subsection
17,
paragraph
c,
19
subparagraphs
(1)
and
(3),
Code
2023,
are
amended
to
read
as
20
follows:
21
(1)
An
online
learning
platform
if
the
course
is
developed
22
by
the
school
district
or
accredited
nonpublic
school
itself
23
or
is
developed
by
a
partnership
or
consortium
of
schools
24
that
have
developed
the
course
individually
or
cooperatively,
25
provided
the
course
is
taught
and
supervised
by
a
teacher
26
licensed
under
chapter
272
subchapter
VII,
part
3,
who
has
27
online
learning
experience
and
the
course
content
meets
the
28
requirements
established
by
rule
pursuant
to
section
256.7,
29
subsection
32
,
paragraph
“c”
.
A
partnership
or
consortium
of
30
schools
may
include
two
or
more
school
districts
or
accredited
31
nonpublic
schools,
or
any
combination
thereof.
32
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(3)
An
online
learning
platform
offered,
subject
to
the
33
initial
availability
of
federal
funds,
by
the
department
in
34
collaboration
with
one
or
more
area
education
agencies
or
in
35
partnership
with
school
districts
and
accredited
nonpublic
1
schools.
The
online
learning
platform
may
deliver
distance
2
education
to
students,
including
students
receiving
competent
3
private
instruction
under
chapter
299A
,
provided
such
students
4
register
with
the
school
district
of
residence
and
the
5
coursework
offered
by
the
online
learning
platform
is
taught
6
and
supervised
by
a
teacher
licensed
under
chapter
272
7
subchapter
VII,
part
3,
who
has
online
learning
experience
and
8
the
course
content
meets
the
requirements
established
by
rule
9
pursuant
to
section
256.7,
subsection
32
,
paragraph
“c”
.
The
10
department
and
the
area
education
agencies
operating
online
11
learning
programs
pursuant
to
section
273.16
shall
coordinate
12
to
ensure
the
most
effective
use
of
resources
and
delivery
13
of
services.
Federal
funds,
if
available,
may
be
used
to
14
offset
what
would
otherwise
be
costs
to
school
districts
for
15
participation
in
the
program.
16
Sec.
2553.
Section
256.16,
subsection
2,
Code
2023,
is
17
amended
to
read
as
follows:
18
2.
A
person
initially
applying
for
a
license
shall
19
successfully
complete
a
practitioner
preparation
program
20
approved
under
section
256.7,
subsection
3
,
and
containing
the
21
subject
matter
specified
in
this
section
,
before
the
initial
22
action
by
the
board
of
educational
examiners
under
chapter
272
23
subchapter
VII,
part
3,
takes
place.
24
Sec.
2554.
Section
256.41,
subsection
2,
Code
2023,
is
25
amended
to
read
as
follows:
26
2.
Online
learning
curricula
shall
be
provided
and
27
supervised
by
a
teacher
licensed
under
chapter
272
subchapter
28
VII,
part
3
.
29
Sec.
2555.
Section
256.43,
subsection
1,
paragraph
d,
Code
30
2023,
is
amended
to
read
as
follows:
31
d.
High-quality
online
instruction
taught
by
teachers
32
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licensed
under
chapter
272
subchapter
VII,
part
3
.
33
Sec.
2556.
Section
256.43,
subsection
2,
paragraph
a,
Code
34
2023,
is
amended
to
read
as
follows:
35
a.
At
the
discretion
of
the
school
board
or
authorities
in
1
charge
of
an
accredited
nonpublic
school,
after
consideration
2
of
circumstances
created
by
necessity,
convenience,
and
3
cost-effectiveness,
courses
developed
by
private
providers
may
4
be
utilized
by
the
school
district
or
school
in
implementing
a
5
high-quality
online
learning
program.
Courses
obtained
from
6
private
providers
shall
be
taught
by
teachers
licensed
under
7
chapter
272
subchapter
VII,
part
3
.
8
Sec.
2557.
Section
256.43,
subsection
3,
Code
2023,
is
9
amended
to
read
as
follows:
10
3.
Grading.
Grades
in
online
courses
shall
be
based,
11
at
a
minimum,
on
whether
a
student
mastered
the
subject,
12
demonstrated
competency,
and
met
the
standards
established
13
by
the
school
district.
Grades
shall
be
conferred
only
by
14
teachers
licensed
under
chapter
272
subchapter
VII,
part
3
.
15
Sec.
2558.
Section
256C.3,
subsection
2,
paragraph
a,
16
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
17
(2)
The
individual
is
appropriately
licensed
under
chapter
18
272
256,
subchapter
VII,
part
3,
and
meets
requirements
under
19
chapter
284
.
20
Sec.
2559.
Section
256E.7,
subsection
4,
paragraph
b,
21
subparagraphs
(1),
(2),
and
(3),
Code
2023,
are
amended
to
read
22
as
follows:
23
(1)
An
administrator
who
holds
a
valid
license
under
chapter
24
272
256,
subchapter
VII,
part
3
.
25
(2)
A
teacher
who
holds
a
valid
license
under
chapter
272
26
256,
subchapter
VII,
part
3
.
27
(3)
An
individual
who
holds
an
authorization
to
be
a
28
charter
school
administrator
issued
by
the
board
of
educational
29
examiners
under
chapter
272
256,
subchapter
VII,
part
3
.
The
30
board
of
educational
examiners
shall
adopt
rules
for
the
31
issuance
of
such
authorizations
not
later
than
December
31,
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2021,
and
such
authorizations
shall
only
be
valid
for
service
33
or
employment
as
a
charter
school
administrator.
34
Sec.
2560.
Section
257.11,
subsection
3,
paragraph
c,
35
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
1
(1)
The
school
district
has
made
every
reasonable
and
good
2
faith
effort
to
employ
a
teacher
licensed
under
chapter
272
3
256,
subchapter
VII,
part
3,
for
the
science
or
mathematics
4
unit,
as
applicable,
and
is
unable
to
employ
such
a
teacher.
5
For
purposes
of
this
paragraph
“c”
,
“good
faith
effort”
means
6
the
same
as
defined
in
section
279.19A,
subsection
9
.
7
Sec.
2561.
Section
260C.48,
subsection
1,
paragraph
a,
8
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
9
(2)
For
purposes
of
subparagraph
(1),
subparagraph
10
divisions
(b)
and
(c),
if
the
instructor
is
a
licensed
11
practitioner
who
holds
a
career
and
technical
endorsement
12
under
chapter
272
256,
subchapter
VII,
part
3
,
relevant
work
13
experience
in
the
occupational
area
includes
but
is
not
limited
14
to
classroom
instruction
in
a
career
and
technical
education
15
subject
area
offered
by
a
school
district
or
accredited
16
nonpublic
school.
17
Sec.
2562.
Section
261.1,
subsection
2,
paragraph
d,
18
subparagraph
(5),
Code
2023,
is
amended
to
read
as
follows:
19
(5)
One
member
shall
represent
practitioners
licensed
under
20
chapter
272
256,
subchapter
VII,
part
3
.
When
appointing
21
this
member,
the
governor
shall
give
careful
consideration
to
22
any
person
nominated
by
an
Iowa
teacher
association
or
other
23
education
stakeholder
organization.
24
Sec.
2563.
Section
261E.4,
subsection
3,
Code
2023,
is
25
amended
to
read
as
follows:
26
3.
A
school
district
shall
ensure
that
advanced
placement
27
course
teachers
or
instructors
are
appropriately
licensed
28
by
the
board
of
educational
examiners
in
accordance
with
29
chapter
272
256,
subchapter
VII,
part
3,
and
meet
the
minimum
30
certification
requirements
of
the
national
organization
that
31
administers
the
advanced
placement
program.
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Sec.
2564.
Section
261H.2,
subsection
3,
paragraph
b,
Code
33
2023,
is
amended
to
read
as
follows:
34
b.
If
it
is
determined,
after
exhaustion
of
all
available
35
administrative
and
judicial
appeals,
that
a
faculty
member
1
knowingly
and
intentionally
restricts
the
protected
speech
or
2
otherwise
penalizes
a
student
in
violation
of
this
subsection
,
3
the
faculty
member
shall
be
subject
to
discipline
by
the
4
institution
through
the
normal
disciplinary
processes
of
the
5
institution,
and
such
discipline
may
include
termination
6
depending
on
the
totality
of
the
facts.
If
the
faculty
member
7
is
licensed
by
the
board
of
educational
examiners
under
chapter
8
272
256,
subchapter
VII,
part
3
,
the
board
of
educational
9
examiners
shall
conduct
a
hearing
pursuant
to
section
272.13
,
10
and
the
faculty
member
may
be
subject
to
disciplinary
action
11
by
the
board.
12
Sec.
2565.
Section
272.1,
Code
2023,
is
amended
to
read
as
13
follows:
14
272.1
Definitions.
15
As
used
in
this
part,
unless
the
context
otherwise
requires:
16
1.
“Administrator”
means
a
person
who
is
licensed
to
17
coordinate,
supervise,
or
direct
an
educational
program
or
the
18
activities
of
other
practitioners.
19
2.
“Board”
means
the
board
of
educational
examiners.
20
3.
“Certificate”
means
limited
recognition
to
perform
21
instruction
and
instruction-related
duties
in
school,
other
22
than
those
duties
for
which
practitioners
are
licensed.
A
23
certificate
is
nonexclusive
recognition
and
does
not
confer
the
24
exclusive
authority
of
a
license.
25
4.
“Department”
means
the
state
department
of
education.
26
5.
4.
“License”
means
the
authority
that
is
given
to
allow
27
a
person
to
legally
serve
as
a
practitioner,
a
school,
an
28
institution,
or
a
course
of
study
to
legally
offer
professional
29
development
programs,
other
than
those
programs
offered
by
30
practitioner
preparation
schools,
institutions,
courses
of
31
study,
or
area
education
agencies.
A
license
is
the
exclusive
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authority
to
perform
these
functions.
33
6.
5.
“Offense
directly
relates”
refers
to
either
of
the
34
following:
35
a.
The
actions
taken
in
furtherance
of
an
offense
are
1
actions
customarily
performed
within
the
scope
of
practice
of
2
a
licensed
profession.
3
b.
The
circumstances
under
which
an
offense
was
committed
4
are
circumstances
customary
to
a
licensed
profession.
5
7.
6.
“Para-educator”
means
a
person
who
is
certified
to
6
assist
a
teacher
in
the
performance
of
instructional
tasks
to
7
support
and
assist
classroom
instruction
and
related
school
8
activities.
9
8.
7.
“Practitioner”
means
an
administrator,
teacher,
10
or
other
licensed
professional,
including
an
individual
who
11
holds
a
statement
of
professional
recognition,
who
provides
12
educational
assistance
to
students.
13
9.
8.
“Practitioner
preparation
program”
means
a
program
14
approved
by
the
state
board
of
education
which
prepares
a
15
person
to
obtain
a
license
as
a
practitioner.
16
10.
9.
“Principal”
means
a
licensed
member
of
a
school’s
17
instructional
staff
who
serves
as
an
instructional
leader,
18
coordinates
the
process
and
substance
of
educational
and
19
instructional
programs,
coordinates
the
budget
of
the
school,
20
provides
formative
evaluation
for
all
practitioners
and
other
21
persons
in
the
school,
recommends
or
has
effective
authority
22
to
appoint,
assign,
promote,
or
transfer
personnel
in
a
school
23
building,
implements
the
local
school
board’s
policy
in
a
24
manner
consistent
with
professional
practice
and
ethics,
and
25
assists
in
the
development
and
supervision
of
a
school’s
26
student
activities
program.
27
11.
10.
“Professional
development
program”
means
a
course
or
28
program
which
is
offered
by
a
person
or
agency
for
the
purpose
29
of
providing
continuing
education
for
the
renewal
or
upgrading
30
of
a
practitioner’s
license.
31
12.
11.
“School”
means
a
school
under
section
280.2
,
an
32
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area
education
agency,
and
a
school
operated
by
a
state
agency
33
for
special
purposes.
34
13.
12.
“School
administration
manager”
means
a
person
35
who
is
authorized
to
assist
a
school
principal
in
performing
1
noninstructional
administrative
duties.
2
14.
13.
“School
service
personnel”
means
those
persons
3
holding
a
practitioner’s
license
who
provide
support
services
4
for
a
student
enrolled
in
school
or
to
practitioners
employed
5
in
a
school.
6
15.
14.
“Student”
means
a
person
who
is
enrolled
in
7
a
course
of
study
at
a
school
or
practitioner
preparation
8
program,
or
who
is
receiving
direct
or
indirect
assistance
from
9
a
practitioner.
10
16.
15.
“Superintendent”
means
an
administrator
11
who
promotes,
demotes,
transfers,
assigns,
or
evaluates
12
practitioners
or
other
personnel,
and
carries
out
the
policies
13
of
a
governing
board
in
a
manner
consistent
with
professional
14
practice
and
ethics.
15
17.
16.
“Teacher”
means
a
licensed
member
of
a
school’s
16
instructional
staff
who
diagnoses,
prescribes,
evaluates,
17
and
directs
student
learning
in
a
manner
which
is
consistent
18
with
professional
practice
and
school
objectives,
shares
19
responsibility
for
the
development
of
an
instructional
program
20
and
any
coordinating
activities,
evaluates
or
assesses
student
21
progress
before
and
after
instruction,
and
who
uses
the
student
22
evaluation
or
assessment
information
to
promote
additional
23
student
learning.
24
18.
17.
“Work-based
learning
program
supervisor”
means
a
25
person
who
is
certified
pursuant
to
section
272.16
to
supervise
26
students’
opportunities
and
experiences
related
to
workplace
27
tours,
job
shadowing,
rotations,
mentoring,
entrepreneurship,
28
service
learning,
internships,
and
apprenticeships.
29
Sec.
2566.
Section
272.2,
unnumbered
paragraph
1,
Code
30
2023,
is
amended
to
read
as
follows:
31
The
board
of
educational
examiners
is
created
within
the
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higher
education
division
of
the
department
of
education
to
33
exercise
the
exclusive
authority
to:
34
Sec.
2567.
Section
272.2,
subsection
1,
paragraph
a,
Code
35
2023,
is
amended
to
read
as
follows:
1
a.
License
practitioners,
which
includes
the
authority
to
2
establish
do
all
of
the
following:
3
(1)
Establish
criteria
for
the
licenses
;
establish
.
4
(2)
Establish
issuance
and
renewal
requirements,
provided
5
that
a
continuing
education
requirement
may
be
completed
by
6
electronic
means
;
create
.
7
(3)
Create
application
and
renewal
forms
;
create
.
8
(4)
Create
licenses
that
authorize
different
instructional
9
functions
or
specialties
;
develop
.
10
(5)
Develop
a
code
of
professional
rights
and
11
responsibilities,
practices,
and
ethics,
which
shall,
among
12
other
things,
address
the
all
of
the
following:
13
(a)
The
failure
of
a
practitioner
to
fulfill
contractual
14
obligations
under
section
279.13
,
the
.
In
addressing
the
15
failure
of
a
practitioner
to
fulfill
contractual
obligations,
16
the
board
shall
consider
factors
beyond
the
practitioner’s
17
control.
18
(b)
The
failure
of
an
administrator
to
protect
the
safety
of
19
staff
and
students
,
the
.
20
(c)
The
failure
of
an
administrator
to
meet
mandatory
21
reporter
obligations
,
the
.
22
(d)
The
refusal
of
a
practitioner
to
implement
provisions
of
23
an
individualized
education
program
or
behavioral
intervention
24
plan
,
and
habitual
.
25
(e)
Habitual
nonparticipation
in
professional
development
;
26
and
develop
.
27
(f)
The
development
of
any
other
classifications,
28
distinctions,
and
procedures
which
may
be
necessary
to
exercise
29
licensing
duties.
In
addressing
the
failure
of
a
practitioner
30
to
fulfill
contractual
obligations,
the
board
shall
consider
31
factors
beyond
the
practitioner’s
control.
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Sec.
2568.
Section
272.2,
subsections
4
and
24,
Code
2023,
33
are
amended
to
read
as
follows:
34
4.
Enforce
rules
adopted
by
the
board
through
revocation
35
or
suspension
of
a
license,
or
by
other
disciplinary
action
1
against
a
practitioner
or
professional
development
program
2
licensed
by
the
board
of
educational
examiners
.
The
3
board
shall
designate
who
may
or
shall
initiate
a
licensee
4
disciplinary
investigation
and
a
licensee
disciplinary
5
proceeding,
and
who
shall
prosecute
a
disciplinary
proceeding
6
and
under
what
conditions,
and
shall
state
the
procedures
for
7
review
by
the
board
of
findings
of
fact
if
a
majority
of
the
8
board
does
not
hear
the
disciplinary
proceeding.
However,
in
a
9
case
alleging
failure
of
a
practitioner
to
fulfill
contractual
10
obligations,
the
person
who
files
a
complaint
with
the
board,
11
or
the
complainant’s
designee,
shall
represent
the
complainant
12
in
a
disciplinary
hearing
conducted
in
accordance
with
this
13
chapter
part
.
14
24.
By
August
1,
2021,
adopt
rules
pursuant
to
chapter
17A
,
15
developed
in
consultation
with
the
department,
establishing
a
16
statement
of
professional
recognition
for
behavior
analysts
17
licensed
under
chapter
154D
.
18
Sec.
2569.
Section
272.2,
subsection
7,
Code
2023,
is
19
amended
by
striking
the
subsection.
20
Sec.
2570.
Section
272.2,
subsection
14,
paragraph
d,
Code
21
2023,
is
amended
to
read
as
follows:
22
d.
An
applicant
for
a
license
or
certificate
under
this
23
chapter
part
shall
demonstrate
that
the
requirements
of
24
the
license
or
certificate
have
been
met
and
the
burden
of
25
proof
shall
be
on
the
applicant.
However,
if
the
executive
26
director
of
the
board
receives
notice
from
the
director
of
the
27
department
of
education
under
section
256.9,
subsection
17
,
28
that
an
error
in
the
basic
education
data
survey
submission
29
resulted
in
an
incorrect
determination
relating
to
licensure
30
of
a
practitioner,
the
executive
director
shall
initiate
31
corrective
action
with
the
board
and
the
findings
of
the
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director
of
the
department
of
education
shall
be
sufficient
33
evidence
to
correct
such
error.
34
Sec.
2571.
Section
272.3,
subsection
1,
unnumbered
35
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
1
The
board
of
educational
examiners
consists
of
twelve
2
members.
Two
must
shall
be
members
of
the
general
public,
one
3
must
shall
be
the
director
of
the
department
of
education
or
4
the
director’s
designee,
and
the
remaining
nine
members
must
5
shall
be
licensed
practitioners.
One
of
the
public
members
6
shall
have
served
on
a
school
board.
The
public
members
shall
7
never
have
held
a
practitioner’s
license,
but
shall
have
a
8
demonstrated
interest
in
education.
The
nine
practitioners
9
shall
be
selected
from
the
following
areas
and
specialties
of
10
the
teaching
profession:
11
Sec.
2572.
Section
272.3,
subsection
2,
Code
2023,
is
12
amended
to
read
as
follows:
13
2.
A
majority
of
the
licensed
practitioner
members
shall
14
be
nonadministrative
practitioners.
Four
of
the
members
shall
15
be
administrators.
Membership
of
the
board
shall
comply
with
16
the
requirements
of
sections
69.16
and
69.16A
.
A
quorum
of
17
the
board
shall
consist
of
six
members.
Members
shall
elect
a
18
chairperson
of
the
board.
Members,
except
for
the
director
of
19
the
department
of
education
or
the
director’s
designee,
shall
20
be
appointed
by
the
governor
subject
to
confirmation
by
the
21
senate.
22
Sec.
2573.
Section
272.4,
subsection
1,
unnumbered
23
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
24
Members,
except
for
the
director
of
the
department
of
25
education
or
the
director’s
designee,
shall
be
appointed
to
26
serve
staggered
terms
of
four
years.
A
member
shall
not
serve
27
more
than
two
consecutive
terms,
except
for
the
director
of
the
28
department
of
education
or
the
director’s
designee,
who
shall
29
serve
until
the
director’s
term
of
office
expires.
A
member
of
30
the
board,
except
for
the
two
public
members
and
the
director
31
of
the
department
of
education
or
the
director’s
designee,
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shall
hold
a
valid
practitioner’s
license
during
the
member’s
33
term
of
office.
A
vacancy
exists
when
any
of
the
following
34
occur:
35
Sec.
2574.
Section
272.5,
subsection
2,
Code
2023,
is
1
amended
to
read
as
follows:
2
2.
The
governor
director
shall
appoint
an
executive
3
director
of
the
board
of
educational
examiners
subject
to
4
confirmation
by
the
senate
.
The
executive
director
shall
5
possess
a
background
in
education
licensure
and
administrative
6
experience
and
shall
serve
at
the
pleasure
of
the
governor
.
7
The
board
of
educational
examiners
director
shall
set
the
8
salary
of
the
executive
director
within
the
range
established
9
for
the
position
by
the
general
assembly
.
10
Sec.
2575.
Section
272.9,
subsection
1,
Code
2023,
is
11
amended
to
read
as
follows:
12
1.
A
certificate
which
was
issued
by
the
board
of
13
educational
examiners
to
a
practitioner
before
July
1,
1989,
14
continues
to
be
in
force
as
long
as
the
certificate
complies
15
with
the
rules
and
statutes
in
effect
on
July
1,
1989.
16
Requirements
for
the
renewal
of
licenses,
under
this
chapter
17
part
,
do
not
apply
retroactively
to
renewal
of
certificates.
18
However,
this
section
does
not
limit
the
duties
or
powers
of
19
a
school
board
to
select
or
discharge
practitioners
or
to
20
terminate
practitioners’
contracts.
21
Sec.
2576.
Section
272.9A,
subsection
3,
Code
2023,
is
22
amended
to
read
as
follows:
23
3.
An
administrator
formerly
employed
by
an
accredited
24
nonpublic
school
or
formerly
employed
as
an
administrator
in
25
another
state
or
country
is
exempt
from
the
mentoring
and
26
induction
requirement
under
subsection
1
if
the
administrator
27
can
document
two
years
of
successful
administrator
experience
28
and
meet
or
exceed
the
requirements
contained
in
rules
adopted
29
pursuant
to
this
chapter
part
for
endorsement
and
licensure.
30
However,
if
an
administrator
cannot
document
two
years
of
31
successful
administrator
experience
when
hired
by
a
school
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district,
the
administrator
shall
meet
the
requirements
of
33
subsection
1
.
34
Sec.
2577.
Section
272.10,
subsections
1,
2,
and
5,
Code
35
2023,
are
amended
to
read
as
follows:
1
1.
It
is
the
intent
of
the
general
assembly
that
licensing
2
fees
established
by
the
board
of
educational
examiners
be
3
sufficient
to
finance
the
activities
of
the
board
under
this
4
chapter
part
.
5
2.
Licensing
fees
are
payable
to
the
treasurer
of
state
and
6
shall
be
deposited
with
the
executive
director
of
the
board.
7
The
executive
director
shall
deposit
twenty-five
percent
of
8
the
fees
collected
annually
with
the
treasurer
of
state
and
9
the
fees
shall
be
credited
to
the
general
fund
of
the
state.
10
The
remaining
licensing
fees
collected
during
the
fiscal
year
11
shall
be
retained
by
and
are
appropriated
to
the
board
for
12
the
purposes
related
to
the
board’s
duties.
Notwithstanding
13
section
8.33
,
licensing
fees
retained
by
and
appropriated
to
14
the
board
pursuant
to
this
section
that
remain
unencumbered
or
15
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
16
but
shall
remain
available
for
expenditure
for
the
activities
17
of
the
board
as
provided
in
this
chapter
part
until
the
close
18
of
the
succeeding
fiscal
year.
19
5.
The
fees
established
by
the
board
for
the
administrative
20
costs
of
processing
complaints
and
conducting
hearings
pursuant
21
to
section
272.2,
subsection
23
,
may
include
a
fee
for
personal
22
service
by
a
sheriff,
a
fee
for
legal
notice
when
placed
in
a
23
newspaper,
transcription
service
or
court
reporter
fee,
and
24
other
fees
assessed
as
costs
by
the
board.
The
fees
collected
25
annually
in
accordance
with
this
subsection
shall
be
retained
26
by
and
are
appropriated
to
the
board
for
the
purposes
related
27
to
the
board’s
duties.
Notwithstanding
section
8.33
,
fees
28
retained
by
and
appropriated
to
the
board
pursuant
to
this
29
subsection
that
remain
unencumbered
or
unobligated
at
the
close
30
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
31
for
expenditure
for
the
activities
of
the
board
as
provided
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in
this
chapter
part
until
the
close
of
the
succeeding
fiscal
33
year.
34
Sec.
2578.
Section
272.11,
Code
2023,
is
amended
to
read
as
35
follows:
1
272.11
Expenditures
and
refunds.
2
Expenditures
and
refunds
made
by
the
board
under
this
3
chapter
part
shall
be
certified
by
the
executive
director
of
4
the
board
to
the
director
of
the
department
of
administrative
5
services,
and
if
found
correct,
the
director
of
the
department
6
of
administrative
services
shall
approve
the
expenditures
and
7
refunds
and
draw
warrants
upon
the
treasurer
of
state
from
the
8
funds
appropriated
for
that
purpose.
9
Sec.
2579.
Section
272.12,
Code
2023,
is
amended
to
read
as
10
follows:
11
272.12
Para-educator
certificates.
12
The
board
of
educational
examiners
shall
adopt
rules
13
pursuant
to
chapter
17A
relating
to
a
voluntary
certification
14
system
for
para-educators.
The
rules
shall
specify
rights,
15
responsibilities,
levels,
and
qualifications
for
the
16
certificate.
Applicants
shall
be
disqualified
for
any
reason
17
specified
in
section
272.2,
subsection
14
,
or
in
administrative
18
rule.
Notwithstanding
section
272.2,
subsection
14
,
paragraph
19
“b”
,
subparagraph
(2),
the
board
may
issue
a
para-educator
20
certificate
to
a
person
who
is
at
least
eighteen
years
of
age.
21
A
person
holding
a
para-educator
certificate
shall
not
perform
22
the
duties
of
a
licensed
practitioner.
A
certificate
issued
23
pursuant
to
this
chapter
part
shall
not
be
considered
a
teacher
24
or
administrator
license
for
any
purpose
specified
by
law,
25
including
the
purposes
specified
under
this
chapter
part
or
26
chapter
279
.
27
Sec.
2580.
Section
272.15,
subsections
2
and
4,
Code
2023,
28
are
amended
to
read
as
follows:
29
2.
If,
in
the
course
of
performing
official
duties,
an
30
employee
of
the
department
becomes
aware
of
any
alleged
31
misconduct
by
an
individual
licensed
under
this
chapter
part
,
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the
employee
shall
report
the
alleged
misconduct
to
the
board
33
of
educational
examiners
under
rules
adopted
pursuant
to
34
subsection
1
.
35
4.
If
the
executive
director
of
the
board
verifies
through
1
a
review
of
official
records
that
a
teacher
who
holds
a
2
practitioner’s
license
under
this
chapter
part
is
assigned
3
instructional
duties
for
which
the
teacher
does
not
hold
the
4
appropriate
license
or
endorsement,
either
by
grade
level
or
5
subject
area,
by
a
school
district
or
accredited
nonpublic
6
school,
the
executive
director
may
initiate
a
complaint
7
against
the
teacher
and
the
administrator
responsible
for
the
8
inappropriate
assignment
of
instructional
duties.
9
Sec.
2581.
Section
272.16,
subsections
1,
2,
and
3,
Code
10
2023,
are
amended
to
read
as
follows:
11
1.
The
board
of
educational
examiners
shall
adopt
rules
12
pursuant
to
chapter
17A
relating
to
a
certification
system
13
for
work-based
learning
program
supervisors.
The
rules
shall
14
specify
rights,
responsibilities,
levels,
and
qualifications
15
for
the
certificate.
The
certificate
shall
not
require
more
16
than
fifteen
contact
hours,
which
shall
be
available
over
17
the
internet
and
which
shall
provide
instruction
related
to
18
fundamentals
in
career
education,
curriculum,
assessment,
and
19
the
evaluation
of
student
participation.
20
2.
Applicants
shall
be
disqualified
for
any
reason
21
specified
in
section
272.2,
subsection
14
,
or
in
rules
adopted
22
by
the
board
of
educational
examiners
.
23
3.
A
certificate
issued
pursuant
to
this
section
shall
24
not
be
considered
a
teacher
or
administrator
license
for
any
25
purpose
specified
by
law,
including
the
purposes
specified
26
under
this
chapter
part
or
chapter
279
.
27
Sec.
2582.
Section
272.20,
Code
2023,
is
amended
to
read
as
28
follows:
29
272.20
National
certification.
30
The
board
of
educational
examiners
shall
review
the
31
standards
for
teacher’s
certificates
adopted
by
the
national
32
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board
for
professional
teaching
standards,
a
nonprofit
33
corporation
created
as
a
result
of
recommendations
of
the
34
task
force
on
teaching
as
a
profession
of
the
Carnegie
35
forum
on
education
and
the
economy.
In
those
cases
in
1
which
the
standards
required
by
the
national
board
for
an
2
Iowa
endorsement
or
license
meet
or
exceed
the
requirements
3
contained
in
rules
adopted
under
this
chapter
part
for
that
4
endorsement
or
license,
the
board
of
educational
examiners
5
shall
issue
endorsements
or
licenses
to
holders
of
certificates
6
issued
by
the
national
board
who
request
the
endorsement
or
7
license.
8
Sec.
2583.
Section
272.28,
subsection
2,
Code
2023,
is
9
amended
to
read
as
follows:
10
2.
A
teacher
from
an
accredited
nonpublic
school
or
another
11
state
or
country
is
exempt
from
the
requirement
of
subsection
1
12
if
the
teacher
can
document
three
years
of
successful
teaching
13
experience
and
meet
or
exceed
the
requirements
contained
in
14
rules
adopted
under
this
chapter
part
for
endorsement
and
15
licensure.
16
Sec.
2584.
Section
272.29,
Code
2023,
is
amended
to
read
as
17
follows:
18
272.29
Annual
administrative
rules
review
——
triennial
19
report.
20
The
executive
director
of
the
board
shall
annually
review
21
the
administrative
rules
adopted
pursuant
to
this
chapter
part
22
and
related
state
laws.
The
executive
director
shall
submit
23
the
executive
director’s
findings
and
recommendations
in
a
24
report
every
three
years
to
the
board
and
the
general
assembly
25
by
January
15.
26
Sec.
2585.
Section
272C.15,
subsection
1,
Code
2023,
is
27
amended
to
read
as
follows:
28
1.
Notwithstanding
any
other
provision
of
law
to
the
29
contrary,
except
for
chapter
272
256,
subchapter
VII,
part
3
,
a
30
person’s
conviction
of
a
crime
may
be
grounds
for
the
denial,
31
revocation,
or
suspension
of
a
license
only
if
an
unreasonable
32
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risk
to
public
safety
exists
because
the
offense
directly
33
relates
to
the
duties
and
responsibilities
of
the
profession
34
and
the
appropriate
licensing
board,
agency,
or
department
does
35
not
grant
an
exception
pursuant
to
subsection
4
.
1
Sec.
2586.
Section
273.3,
subsections
11
and
25,
Code
2023,
2
are
amended
to
read
as
follows:
3
11.
Employ
personnel
to
carry
out
the
functions
of
the
4
area
education
agency
which
shall
include
the
employment
of
an
5
administrator
who
shall
possess
a
license
issued
under
chapter
6
272
256,
subchapter
VII,
part
3
.
The
administrator
shall
7
be
employed
pursuant
to
section
279.20
and
sections
279.23
,
8
279.24
,
and
279.25
.
The
salary
for
an
area
education
agency
9
administrator
shall
be
established
by
the
board
based
upon
10
the
previous
experience
and
education
of
the
administrator.
11
Section
279.13
applies
to
the
area
education
agency
board
12
and
to
all
teachers
employed
by
the
area
education
agency.
13
Sections
279.23
,
279.24
,
and
279.25
apply
to
the
area
education
14
board
and
to
all
administrators
employed
by
the
area
education
15
agency.
Section
279.69
applies
to
the
area
education
agency
16
board
and
employees
of
the
board,
including
part-time,
17
substitute,
or
contract
employees,
who
provide
services
to
a
18
school
or
school
district.
19
25.
Require,
by
July
1,
2024,
any
person
employed
by
20
the
area
education
agency
who
holds
a
license,
certificate,
21
statement
of
recognition,
or
authorization
other
than
a
22
coaching
authorization,
issued
by
the
board
of
educational
23
examiners
under
chapter
272
256,
subchapter
VII,
part
3
,
to
24
complete
the
Iowa
reading
research
center
dyslexia
overview
25
module.
Such
persons
employed
after
July
1,
2024,
shall
26
complete
the
module
within
one
year
of
the
employee’s
initial
27
date
of
hire.
28
Sec.
2587.
Section
279.13,
subsection
1,
paragraph
b,
29
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
30
(1)
Prior
to
entering
into
an
initial
contract
with
a
31
teacher
who
holds
a
license
other
than
an
initial
license
32
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issued
by
the
board
of
educational
examiners
under
chapter
272
33
256,
subchapter
VII,
part
3
,
the
school
district
shall
initiate
34
a
state
criminal
history
record
check
of
the
applicant
through
35
the
division
of
criminal
investigation
of
the
department
of
1
public
safety,
submit
the
applicant’s
fingerprints
to
the
2
division
for
submission
to
the
federal
bureau
of
investigation
3
for
a
national
criminal
history
record
check,
and
review
the
4
sex
offender
registry
information
under
section
692A.121
5
available
to
the
general
public,
the
central
registry
for
6
child
abuse
information
established
under
section
235A.14
,
and
7
the
central
registry
for
dependent
adult
abuse
information
8
established
under
section
235B.5
for
information
regarding
the
9
applicant
for
employment
as
a
teacher.
10
Sec.
2588.
Section
279.19B,
subsection
1,
paragraph
a,
11
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
12
follows:
13
The
board
of
directors
of
a
school
district
may
employ
for
14
head
coach
of
any
interscholastic
athletic
activities
or
for
15
assistant
coach
of
any
interscholastic
athletic
activity,
an
16
individual
who
possesses
a
coaching
authorization
issued
by
the
17
board
of
educational
examiners
or
possesses
a
teaching
license
18
with
a
coaching
endorsement
issued
pursuant
to
chapter
272
256,
19
subchapter
VII,
part
3
.
However,
a
board
of
directors
of
a
20
school
district
shall
consider
applicants
with
qualifications
21
described
below,
in
the
following
order
of
priority:
22
Sec.
2589.
Section
279.50A,
subsection
1,
paragraph
a,
Code
23
2023,
is
amended
to
read
as
follows:
24
a.
The
school
district
has
made
every
reasonable
and
25
good
faith
effort
to
employ
a
teacher
licensed
under
chapter
26
272
256,
subchapter
VII,
part
3,
for
the
unit
of
science
or
27
mathematics,
as
applicable,
and
is
unable
to
employ
such
a
28
teacher.
For
purposes
of
this
subsection
,
“good
faith
effort”
29
means
the
same
as
defined
in
section
279.19A,
subsection
9
.
30
Sec.
2590.
Section
279.72,
Code
2023,
is
amended
to
read
as
31
follows:
32
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279.72
Training
on
dyslexia.
33
By
July
1,
2024,
the
board
of
directors
of
a
school
34
district
shall
require
all
persons
employed
by
the
school
35
district
who
hold
a
teaching
license
with
an
endorsement
1
for
prekindergarten,
prekindergarten
or
elementary
special
2
education,
or
prekindergarten
through
grade
three
levels
3
issued
under
chapter
272
256,
subchapter
VII,
part
3
,
all
4
practitioners
and
paraprofessionals
assigned
as
Title
I
5
teachers
and
Title
I
paraprofessionals
under
the
federal
Every
6
Student
Succeeds
Act,
Pub.
L.
No.
114-95,
and
all
practitioners
7
endorsed
to
teach
English
as
a
second
language
to
complete
the
8
Iowa
reading
research
center
dyslexia
overview
module.
Such
9
persons
employed
by
the
school
district
after
July
1,
2024,
10
shall
complete
the
module
within
one
year
of
the
employee’s
11
initial
date
of
hire.
12
Sec.
2591.
Section
279.73,
subsection
2,
Code
2023,
is
13
amended
to
read
as
follows:
14
2.
If
the
board
of
directors
of
the
school
district
or
15
a
court
finds
that
an
employee
of
the
school
district
who
16
holds
a
license,
certificate,
statement
of
recognition,
or
17
authorization
issued
by
the
board
of
educational
examiners
18
under
chapter
272
256,
subchapter
VII,
part
3,
discriminated
19
against
a
student
or
employee
in
violation
of
this
section
,
20
the
employee
found
to
be
in
violation
under
this
section
shall
21
be
subject
to
a
hearing
conducted
by
the
board
of
educational
22
examiners
pursuant
to
section
272.2,
subsection
14
,
which
may
23
result
in
disciplinary
action
and
the
employee’s
employment
may
24
be
terminated.
25
Sec.
2592.
Section
284.2,
subsections
1,
7,
and
11,
Code
26
2023,
are
amended
to
read
as
follows:
27
1.
“Beginning
teacher”
means
an
individual
serving
under
28
an
initial
or
intern
license,
issued
under
chapter
272
256,
29
subchapter
VII,
part
3
,
who
is
assuming
a
position
as
a
30
teacher.
“Beginning
teacher”
includes
an
individual
who
is
31
an
initial
teacher.
For
purposes
of
the
beginning
teacher
32
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mentoring
and
induction
program
created
pursuant
to
section
33
284.5
,
“beginning
teacher”
also
includes
preschool
teachers
34
who
are
licensed
under
chapter
272
256,
subchapter
VII,
part
35
3,
and
are
employed
by
a
school
district
or
area
education
1
agency.
“Beginning
teacher”
does
not
include
a
teacher
whose
2
employment
with
a
school
district
or
area
education
agency
is
3
probationary
unless
the
teacher
is
serving
under
an
initial
or
4
teacher
intern
license
issued
under
chapter
272
256,
subchapter
5
VII,
part
3
.
6
7.
“Mentor”
means
an
individual
employed
by
a
school
7
district
or
area
education
agency
as
a
teacher
or
a
retired
8
teacher
who
holds
a
valid
license
issued
under
chapter
272
256,
9
subchapter
VII,
part
3
.
The
individual
must
have
a
record
of
10
three
years
of
successful
teaching
practice,
must
be
employed
11
on
a
nonprobationary
basis,
and
must
demonstrate
professional
12
commitment
to
both
the
improvement
of
teaching
and
learning
and
13
the
development
of
beginning
teachers.
14
11.
“Teacher”
means
an
individual
who
holds
a
practitioner’s
15
license
issued
under
chapter
272
256,
subchapter
VII,
part
16
3
,
or
a
statement
of
professional
recognition
issued
under
17
chapter
272
256,
subchapter
VII,
part
3,
who
is
employed
in
18
a
nonadministrative
position
by
a
school
district
or
area
19
education
agency
pursuant
to
a
contract
issued
by
a
board
of
20
directors
under
section
279.13
.
A
teacher
may
be
employed
in
21
both
an
administrative
and
a
nonadministrative
position
by
a
22
board
of
directors
and
shall
be
considered
a
part-time
teacher
23
for
the
portion
of
time
that
the
teacher
is
employed
in
a
24
nonadministrative
position.
25
Sec.
2593.
Section
284.10,
subsection
2,
Code
2023,
is
26
amended
to
read
as
follows:
27
2.
An
administrator
licensed
under
chapter
272
256,
28
subchapter
VII,
part
3,
who
conducts
evaluations
of
teachers
29
for
purposes
of
this
chapter
shall
complete
the
evaluator
30
training
program.
A
practitioner
licensed
under
chapter
272
31
256,
subchapter
VII,
part
3,
who
is
not
an
administrator
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may
enroll
in
the
evaluator
training
program.
Enrollment
33
preference
shall
be
given
to
administrators.
Upon
successful
34
completion,
the
provider
shall
certify
that
the
administrator
35
or
other
practitioner
is
qualified
to
conduct
evaluations
1
for
employment,
make
recommendations
for
licensure,
and
make
2
recommendations
that
a
teacher
is
qualified
to
advance
from
one
3
career
path
level
to
the
next
career
path
level
pursuant
to
4
this
chapter
.
Certification
is
for
a
period
of
five
years
and
5
may
be
renewed.
6
Sec.
2594.
Section
284.15,
subsection
2,
paragraph
a,
7
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
8
(1)
The
salary
for
an
initial
teacher
who
has
successfully
9
completed
an
approved
practitioner
preparation
program
as
10
defined
in
section
272.1
or
holds
an
initial
or
intern
teacher
11
license
issued
under
chapter
272
256,
subchapter
VII,
part
3,
12
shall
be
at
least
thirty-three
thousand
five
hundred
dollars,
13
which
shall
also
constitute
the
minimum
salary
for
an
Iowa
14
teacher.
15
Sec.
2595.
Section
284.15,
subsection
2,
paragraph
b,
16
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
17
follows:
18
A
career
teacher
is
a
teacher
who
holds
a
statement
of
19
professional
recognition
issued
under
chapter
272
256,
20
subchapter
VII,
part
3,
or
who
meets
all
of
the
following
21
requirements:
22
Sec.
2596.
Section
284.15,
subsection
2,
paragraph
b,
23
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
24
(2)
Holds
a
valid
license
issued
under
chapter
272
256,
25
subchapter
VII,
part
3
.
26
Sec.
2597.
Section
284.15,
subsection
2,
paragraphs
d
and
e,
27
Code
2023,
are
amended
to
read
as
follows:
28
d.
Mentor
teacher.
A
mentor
teacher
is
a
teacher
who
29
is
evaluated
by
the
school
district
as
demonstrating
the
30
competencies
and
superior
teaching
skills
of
a
mentor
teacher,
31
and
has
been
recommended
for
a
one-year
assignment
as
a
mentor
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teacher
by
a
site-based
review
council
appointed
pursuant
to
33
subsection
4
.
In
addition,
a
mentor
teacher
shall
hold
a
34
valid
license
issued
under
chapter
272
256,
subchapter
VII,
35
part
3
,
participate
in
teacher
professional
development
as
1
outlined
in
this
chapter
,
demonstrate
continuous
improvement
in
2
teaching,
and
possess
the
skills
and
qualifications
to
assume
3
leadership
roles.
A
mentor
teacher
shall
have
a
teaching
load
4
of
not
more
than
seventy-five
percent
student
instruction
to
5
allow
the
teacher
to
mentor
other
teachers.
A
school
district
6
shall
designate
at
least
ten
percent
of
its
teachers
as
mentor
7
teachers,
though
the
district
may
enter
into
an
agreement
with
8
one
or
more
other
districts
or
an
area
education
agency
to
meet
9
this
requirement
through
a
collaborative
arrangement.
The
10
terms
of
the
teaching
contracts
issued
under
section
279.13
to
11
mentor
teachers
shall
exceed
by
ten
days
the
terms
of
teaching
12
contracts
issued
under
section
279.13
to
career
teachers,
and
13
the
ten
additional
contract
days
shall
be
used
to
strengthen
14
instructional
leadership
in
accordance
with
this
subsection
.
A
15
mentor
teacher
shall
receive
annually
a
salary
supplement
of
16
at
least
five
thousand
dollars.
17
e.
Lead
teacher.
A
lead
teacher
is
a
teacher
who
holds
a
18
valid
license
issued
under
chapter
272
256,
subchapter
VII,
19
part
3,
and
has
been
recommended
for
a
one-year
assignment
20
as
a
lead
teacher
by
a
site-based
review
council
appointed
21
pursuant
to
subsection
4
.
The
recommendation
from
the
council
22
must
assert
that
the
teacher
possesses
superior
teaching
23
skills
and
the
ability
to
lead
adult
learners.
A
lead
24
teacher
shall
assume
leadership
roles
that
may
include
but
25
are
not
limited
to
the
planning
and
delivery
of
professional
26
development
activities
designed
to
improve
instructional
27
strategies;
the
facilitation
of
an
instructional
leadership
28
team
within
the
lead
teacher’s
building,
school
district,
or
29
other
school
districts;
the
mentoring
of
other
teachers;
and
30
participation
in
the
evaluation
of
student
teachers.
A
lead
31
teacher
shall
have
a
teaching
load
of
not
more
than
fifty
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percent
student
instruction
to
allow
the
lead
teacher
to
spend
33
time
on
co-teaching;
co-planning;
peer
reviews;
observing
34
career
teachers,
model
teachers,
and
mentor
teachers;
and
other
35
duties
mutually
agreed
upon
by
the
superintendent
and
the
lead
1
teacher.
A
school
district
shall
designate
at
least
five
2
percent
of
its
teachers
as
lead
teachers,
though
the
district
3
may
enter
into
an
agreement
with
one
or
more
other
districts
4
or
an
area
education
agency
to
meet
this
requirement
through
a
5
collaborative
arrangement.
The
terms
of
the
teaching
contracts
6
issued
under
section
279.13
to
lead
teachers
shall
exceed
by
7
fifteen
days
the
terms
of
teaching
contracts
issued
under
8
section
279.13
to
career
teachers,
and
the
fifteen
additional
9
contract
days
shall
be
used
to
strengthen
instructional
10
leadership
in
accordance
with
this
subsection
.
A
lead
teacher
11
shall
receive
annually
a
salary
supplement
of
at
least
ten
12
thousand
dollars.
13
Sec.
2598.
Section
284.16,
subsection
1,
paragraph
a,
14
subparagraphs
(1)
and
(2),
Code
2023,
are
amended
to
read
as
15
follows:
16
(1)
Has
successfully
completed
an
approved
practitioner
17
preparation
program
as
defined
in
section
272.1
or
holds
an
18
intern
teacher
license
issued
under
chapter
272
256,
subchapter
19
VII,
part
3
.
20
(2)
Holds
an
initial
or
intern
teacher
license
issued
under
21
chapter
272
256,
subchapter
VII,
part
3
.
22
Sec.
2599.
Section
284.16,
subsection
1,
paragraph
b,
23
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
24
follows:
25
A
career
teacher
is
a
teacher
who
holds
a
statement
26
of
professional
recognition
issued
under
chapter
272
27
256,
subchapter
VII,
part
3,
or
who
meets
the
following
28
requirements:
29
Sec.
2600.
Section
284.16,
subsection
1,
paragraph
b,
30
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
31
(3)
Holds
a
valid
license
issued
under
chapter
272
256,
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subchapter
VII,
part
3
.
33
Sec.
2601.
Section
284A.2,
subsections
1,
2,
and
7,
Code
34
2023,
are
amended
to
read
as
follows:
35
1.
“Administrator”
means
an
individual
holding
a
1
professional
administrator
license
issued
under
chapter
272
2
256,
subchapter
VII,
part
3,
who
is
employed
in
a
school
3
district
administrative
position
by
a
school
district
or
area
4
education
agency
pursuant
to
a
contract
issued
by
a
board
of
5
directors
under
section
279.23
and
is
engaged
in
instructional
6
leadership.
An
administrator
may
be
employed
in
both
an
7
administrative
and
a
nonadministrative
position
by
a
board
of
8
directors
and
shall
be
considered
a
part-time
administrator
9
for
the
portion
of
time
that
the
individual
is
employed
in
an
10
administrative
position.
11
2.
“Beginning
administrator”
means
an
individual
serving
12
under
an
administrator
license,
issued
by
the
board
of
13
educational
examiners
under
chapter
272
256,
subchapter
VII,
14
part
3
,
who
is
assuming
a
position
as
a
school
district
15
principal
or
superintendent
for
the
first
time.
16
7.
“Mentor”
means
an
individual
employed
by
a
school
17
district
or
area
education
agency
as
a
school
district
18
administrator
or
a
retired
administrator
who
holds
a
valid
19
license
issued
under
chapter
272
256,
subchapter
VII,
part
3
.
20
The
individual
must
have
a
record
of
four
years
of
successful
21
administrative
experience
and
must
demonstrate
professional
22
commitment
to
both
the
improvement
of
teaching
and
learning
and
23
the
development
of
beginning
administrators.
24
Sec.
2602.
Section
284A.6,
subsection
2,
Code
2023,
is
25
amended
to
read
as
follows:
26
2.
In
cooperation
with
the
administrator’s
evaluator,
the
27
administrator
who
has
a
professional
administrator
license
28
issued
by
the
board
of
educational
examiners
pursuant
to
29
chapter
272
256,
subchapter
VII,
part
3,
and
is
employed
30
by
a
school
district
or
area
education
agency
in
a
school
31
district
administrative
position
shall
develop
an
individual
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administrator
professional
development
plan.
The
purpose
33
of
the
plan
is
to
promote
individual
and
group
professional
34
development.
The
individual
plan
shall
be
based,
at
a
minimum,
35
on
the
needs
of
the
administrator,
the
Iowa
standards
for
1
school
administrators
adopted
pursuant
to
section
256.7,
2
subsection
27
,
and
the
student
achievement
goals
of
the
3
attendance
center
and
the
school
district
as
outlined
in
the
4
comprehensive
school
improvement
plan.
5
Sec.
2603.
Section
284A.7,
Code
2023,
is
amended
to
read
as
6
follows:
7
284A.7
Evaluation
requirements
for
administrators.
8
A
school
district
shall
conduct
an
annual
evaluation
of
an
9
administrator
who
holds
a
professional
administrator
license
10
issued
under
chapter
272
256,
subchapter
VII,
part
3,
for
11
purposes
of
assisting
the
administrator
in
making
continuous
12
improvement,
documenting
continued
competence
in
the
Iowa
13
standards
for
school
administrators
adopted
pursuant
to
14
section
256.7,
subsection
27
,
or
to
determine
whether
the
15
administrator’s
practice
meets
school
district
expectations.
16
The
evaluation
shall
include,
at
a
minimum,
an
assessment
of
17
the
administrator’s
competence
in
meeting
the
Iowa
standards
18
for
school
administrators
and
the
goals
of
the
administrator’s
19
individual
professional
development
plan,
including
supporting
20
documentation
or
artifacts
aligned
to
the
Iowa
standards
for
21
school
administrators
and
the
individual
administrator’s
22
professional
development
plan.
23
Sec.
2604.
Section
299A.2,
Code
2023,
is
amended
to
read
as
24
follows:
25
299A.2
Competent
private
instruction
by
licensed
26
practitioner.
27
If
a
licensed
practitioner
provides
competent
instruction
28
to
a
school-age
child,
the
practitioner
shall
possess
a
valid
29
license
or
certificate
which
has
been
issued
by
the
state
board
30
of
educational
examiners
under
chapter
272
256,
subchapter
VII,
31
part
3,
and
which
is
appropriate
to
the
ages
and
grade
levels
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of
the
children
to
be
taught.
Competent
private
instruction
33
may
include
but
is
not
limited
to
a
home
school
assistance
34
program
which
provides
instruction
or
instructional
supervision
35
offered
through
an
accredited
nonpublic
school
or
public
school
1
district
by
a
teacher,
who
is
employed
by
the
accredited
2
nonpublic
school
or
public
school
district,
who
assists
and
3
supervises
a
parent,
guardian,
or
legal
custodian
in
providing
4
instruction
to
a
child.
If
competent
private
instruction
is
5
provided
through
a
public
school
district,
the
child
shall
be
6
enrolled
and
included
in
the
basic
enrollment
of
the
school
7
district
as
provided
in
section
257.6
.
Sections
299A.3
through
8
299A.7
do
not
apply
to
competent
private
instruction
provided
9
by
a
licensed
practitioner
under
this
section
.
However,
the
10
reporting
requirement
contained
in
section
299A.3,
subsection
11
1
,
shall
apply
to
competent
private
instruction
provided
by
12
licensed
practitioners
that
is
not
part
of
a
home
school
13
assistance
program
offered
through
an
accredited
nonpublic
14
school
or
public
school
district.
15
Sec.
2605.
Section
622.10,
subsection
8,
Code
2023,
is
16
amended
to
read
as
follows:
17
8.
A
qualified
school
guidance
counselor,
who
is
licensed
18
by
the
board
of
educational
examiners
under
chapter
272
256,
19
subchapter
VII,
part
3,
and
who
obtains
information
by
reason
20
of
the
counselor’s
employment
as
a
qualified
school
guidance
21
counselor,
shall
not
be
allowed,
in
giving
testimony,
to
22
disclose
any
confidential
communications
properly
entrusted
23
to
the
counselor
by
a
pupil
or
the
pupil’s
parent
or
guardian
24
in
the
counselor’s
capacity
as
a
qualified
school
guidance
25
counselor
and
necessary
and
proper
to
enable
the
counselor
to
26
perform
the
counselor’s
duties
as
a
qualified
school
guidance
27
counselor.
28
Sec.
2606.
Section
709.15,
subsection
1,
paragraph
g,
29
subparagraph
(1),
subparagraph
divisions
(a)
and
(b),
Code
30
2023,
are
amended
to
read
as
follows:
31
(a)
A
person
who
holds
a
license,
certificate,
or
statement
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of
professional
recognition
issued
under
chapter
272
256,
33
subchapter
VII,
part
3
.
34
(b)
A
person
who
holds
an
authorization
issued
under
chapter
35
272
256,
subchapter
VII,
part
3
.
1
Sec.
2607.
Section
714.19,
subsection
4,
Code
2023,
is
2
amended
to
read
as
follows:
3
4.
Private
and
nonprofit
elementary
or
secondary
schools
4
recognized
by
the
department
of
education
or
the
board
of
5
directors
of
a
school
district
for
the
purpose
of
complying
6
with
chapter
299
and
employing
teachers
licensed
under
chapter
7
272
256,
subchapter
VII,
part
3
.
8
Sec.
2608.
CODE
EDITOR
DIRECTIVE.
9
1.
The
Code
editor
is
directed
to
make
the
following
10
transfers:
11
a.
Section
272.1
to
section
256.145.
12
b.
Section
272.2
to
section
256.146.
13
c.
Section
272.3
to
section
256.147.
14
d.
Section
272.4
to
section
256.148.
15
e.
Section
272.5
to
section
256.149.
16
f.
Section
272.6
to
section
256.150.
17
g.
Section
272.7
to
section
256.151.
18
h.
Section
272.8
to
section
256.152.
19
i.
Section
272.9
to
section
256.153.
20
j.
Section
272.9A
to
section
256.154.
21
k.
Section
272.10
to
section
256.155.
22
l.
Section
272.11
to
section
256.156.
23
m.
Section
272.12
to
section
256.157.
24
n.
Section
272.13
to
section
256.158.
25
o.
Section
272.14
to
section
256.159.
26
p.
Section
272.15
to
section
256.160.
27
q.
Section
272.16
to
section
256.161.
28
r.
Section
272.20
to
section
256.162.
29
s.
Section
272.28
to
section
256.163.
30
t.
Section
272.29
to
section
256.164.
31
u.
Section
272.31
to
section
256.165.
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2.
The
Code
editor
shall
correct
internal
references
in
the
33
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
34
enactment
of
this
section.
35
3.
The
Code
editor
may
designate
sections
256.145
through
1
256.165,
as
enacted
in
this
division
of
this
Act,
as
new
part
3
2
entitled
“Board
of
Educational
Examiners”
within
the
subchapter
3
entitled
“Higher
Education
Division”
as
enacted
by
another
4
division
of
this
Act.
5
Sec.
2609.
TRANSITION
PROVISIONS.
6
1.
Any
license,
certificate,
or
authorization
issued
by
7
the
board
of
education
examiners
pursuant
to
chapter
272
prior
8
to
the
effective
date
of
this
division
of
this
Act
is
valid
9
and
shall
continue
as
provided
in
the
terms
of
the
license,
10
certificate,
or
authorization.
11
2.
Federal
funds
utilized
by
the
board
of
educational
12
examiners
prior
to
the
effective
date
of
this
division
of
this
13
Act
to
employ
personnel
necessary
for
the
administration
of
the
14
board
of
educational
examiners’
programs
shall
be
applied
to
15
and
be
available
for
the
transfer
of
such
personnel
from
the
16
board
of
educational
examiners
to
the
higher
education
division
17
of
the
department
of
education.
18
Sec.
2610.
APPLICABILITY.
This
division
of
this
Act
applies
19
to
individuals
appointed
as
the
executive
director
of
the
board
20
of
educational
examiners
before,
on,
or
after
the
effective
21
date
of
this
division
of
this
Act.
22
COLLEGE
STUDENT
AID
COMMISSION
23
Sec.
2611.
Section
8A.504,
subsection
1,
paragraph
d,
24
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
25
(2)
An
amount
that
is
due
because
of
a
default
on
a
loan
26
under
chapter
261
256,
subchapter
VII,
part
4
.
27
Sec.
2612.
Section
8A.504,
subsection
4,
Code
2023,
is
28
amended
to
read
as
follows:
29
4.
The
director
shall
have
the
authority
to
enter
into
30
reciprocal
agreements
with
the
departments
of
revenue
of
other
31
states
that
have
enacted
legislation
that
is
substantially
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equivalent
to
the
setoff
procedure
provided
in
this
section
for
33
the
recovery
of
an
amount
due
because
of
a
default
on
a
loan
34
under
chapter
261
256,
subchapter
VII,
part
4
.
A
reciprocal
35
agreement
shall
also
be
approved
by
the
college
student
aid
1
commission.
The
agreement
shall
authorize
the
department
to
2
provide
by
rule
for
the
setoff
of
state
income
tax
refunds
3
or
rebates
of
defaulters
from
states
with
which
Iowa
has
a
4
reciprocal
agreement
and
to
provide
for
sending
lists
of
5
names
of
Iowa
defaulters
to
the
states
with
which
Iowa
has
6
a
reciprocal
agreement
for
setoff
of
that
state’s
income
tax
7
refunds.
8
Sec.
2613.
Section
261.1,
subsection
1,
Code
2023,
is
9
amended
to
read
as
follows:
10
1.
There
is
hereby
created
within
the
higher
education
11
division
of
the
department
a
commission
to
be
known
as
the
12
“College
Student
Aid
Commission”
of
the
state
of
Iowa.
13
Sec.
2614.
Section
261.1,
subsection
2,
paragraphs
a
and
b,
14
Code
2023,
are
amended
to
read
as
follows:
15
a.
A
member
of
the
state
board
of
regents
to
be
named
by
the
16
state
board
of
regents
,
or
the
executive
director
of
the
state
17
board
of
regents
if
so
appointed
by
the
state
board
of
regents
,
18
who
shall
serve
for
a
four-year
term
or
until
the
expiration
19
of
the
member’s
term
of
office.
20
b.
The
director
of
the
department
of
education
or
the
21
director’s
designee.
22
Sec.
2615.
Section
261.1,
subsection
4,
paragraph
a,
Code
23
2023,
is
amended
to
read
as
follows:
24
a.
Vacancies
on
the
commission
shall
be
filled
for
the
25
unexpired
term
of
such
vacancies
,
if
applicable,
in
the
same
26
manner
as
the
original
appointment.
27
Sec.
2616.
Section
261.1,
Code
2023,
is
amended
by
adding
28
the
following
new
subsection:
29
NEW
SUBSECTION
.
5.
The
director
shall
appoint
an
executive
30
director
of
the
commission.
The
director
shall
set
the
salary
31
of
the
executive
director.
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Sec.
2617.
Section
261.2,
subsection
2,
Code
2023,
is
33
amended
to
read
as
follows:
34
2.
Administer
the
tuition
grant
program
under
this
chapter
35
part
.
1
Sec.
2618.
Section
261.3,
Code
2023,
is
amended
to
read
as
2
follows:
3
261.3
Organization
——
bylaws.
4
1.
The
commission
is
an
autonomous
state
agency
which
is
5
attached
to
the
department
of
education
for
organizational
6
purposes
only.
7
2.
1.
The
commission
,
under
the
authority
of
the
higher
8
education
division
of
the
department,
shall
determine
its
9
own
organization,
draw
up
its
own
bylaws,
adopt
rules
under
10
chapter
17A
,
and
do
such
other
things
as
may
be
necessary
11
and
incidental
in
the
administration
of
this
chapter
part
,
12
including
the
housing
,
employment,
and
fixing
the
compensation
13
and
bond
of
persons
required
to
carry
out
its
functions
and
14
responsibilities.
A
decision
of
the
commission
is
final
agency
15
action
under
chapter
17A
.
16
3.
2.
The
commission
shall
function
at
the
seat
of
17
government
or
such
other
place
as
it
the
commission
might
18
designate.
19
Sec.
2619.
Section
261.5,
subsection
2,
unnumbered
20
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
21
Notwithstanding
any
other
provision
of
this
chapter
part
,
in
22
the
event
of
a
national
emergency
declared
by
the
president
of
23
the
United
States
by
reason
of
terrorist
attack,
the
commission
24
may
waive
or
modify
any
statutory
or
regulatory
provision
25
applicable
to
state
financial
aid
programs
established
pursuant
26
to
this
chapter
part
to
ensure,
with
regard
to
affected
27
individuals,
that
the
following
occurs:
28
Sec.
2620.
Section
261.5,
subsection
3,
Code
2023,
is
29
amended
to
read
as
follows:
30
3.
Notwithstanding
any
other
provision
of
this
chapter
31
part
,
in
the
event
of
a
national
emergency
declared
by
the
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president
of
the
United
States
by
reason
of
terrorist
attack,
33
the
commission
may
grant
temporary
relief
from
requirements
34
rendered
infeasible
or
unreasonable,
including
due
diligence
35
requirements
and
reporting
deadlines,
by
the
national
1
emergency,
to
an
institution
of
higher
education
under
the
2
state
board
of
regents,
a
community
college,
an
accredited
3
private
institution
as
defined
in
section
261.9
,
eligible
4
lenders,
and
other
entities
participating
in
the
state
student
5
assistance
programs
in
accordance
with
this
chapter
part
,
that
6
are
located
in,
or
whose
operations
are
directly
affected
7
by,
areas
that
are
declared
disaster
areas
by
any
federal,
8
state,
or
local
official
in
connection
with
the
national
9
emergency.
If
the
commission
issues
a
waiver
in
accordance
10
with
this
section
,
the
report
prepared
by
the
commission
11
pursuant
to
section
17A.9A,
subsection
5
,
shall
include
12
examples
of
measures
that
a
postsecondary
institution
may
take
13
in
the
appropriate
exercise
of
discretion,
as
provided
in
20
14
U.S.C.
§1087tt,
to
adjust
financial
need
and
aid
eligibility
15
determinations
for
affected
individuals.
16
Sec.
2621.
Section
261.9,
unnumbered
paragraph
1,
Code
17
2023,
is
amended
to
read
as
follows:
18
When
used
in
this
subchapter
subpart
,
unless
the
context
19
otherwise
requires:
20
Sec.
2622.
Section
261.9,
subsection
1,
paragraph
b,
Code
21
2023,
is
amended
to
read
as
follows:
22
b.
Is
accredited
by
the
higher
learning
commission,
is
23
exempt
from
taxation
under
section
501(c)(3)
of
the
Internal
24
Revenue
Code,
and
annually
provides
a
matching
aggregate
amount
25
of
institutional
financial
aid
equal
to
at
least
seventy-five
26
percent
of
the
amount
received
in
a
fiscal
year
by
the
27
institution’s
students
for
Iowa
tuition
grant
assistance
under
28
this
chapter
part
.
Commencing
with
the
fiscal
year
beginning
29
July
1,
2006,
the
matching
aggregate
amount
of
institutional
30
financial
aid
shall
increase
by
the
percentage
of
increase
each
31
fiscal
year
of
funds
appropriated
for
Iowa
tuition
grants
under
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section
261.25,
subsection
1
,
to
a
maximum
match
of
one
hundred
33
percent.
The
institution
shall
file
annual
reports
with
the
34
commission
prior
to
receipt
of
tuition
grant
moneys
under
this
35
chapter
part
.
An
institution
whose
income
is
not
exempt
from
1
taxation
under
section
501(c)
of
the
Internal
Revenue
Code
and
2
whose
students
were
eligible
to
receive
Iowa
tuition
grant
3
money
in
the
fiscal
year
beginning
July
1,
2003,
shall
meet
the
4
match
requirements
of
this
paragraph
no
later
than
June
30,
5
2005.
6
Sec.
2623.
Section
261.9,
subsection
8,
Code
2023,
is
7
amended
to
read
as
follows:
8
8.
“Tuition
grant”
means
an
award
by
the
state
of
Iowa
to
a
9
qualified
student
under
this
subchapter
subpart
.
10
Sec.
2624.
Section
261.15,
subsection
2,
Code
2023,
is
11
amended
to
read
as
follows:
12
2.
Adopt
rules
and
regulations
for
determining
financial
13
need,
defining
tuition
and
mandatory
fees,
defining
residence
14
for
the
purposes
of
this
subchapter
subpart
,
processing
and
15
approving
applications
for
tuition
grants,
and
determining
16
priority
of
grants.
The
commission
may
provide
for
proration
17
of
funds
if
the
available
funds
are
insufficient
to
pay
all
18
approved
grants.
Such
proration
shall
take
primary
account
of
19
the
financial
need
of
the
applicant.
In
determining
who
is
a
20
resident
of
Iowa,
the
commission’s
rules
shall
be
at
least
as
21
restrictive
as
those
of
the
board
of
regents.
22
Sec.
2625.
Section
261.16A,
subsection
7,
Code
2023,
is
23
amended
to
read
as
follows:
24
7.
Reports
to
commission.
An
eligible
institution
shall
25
file
annual
reports
with
the
commission,
as
required
by
the
26
commission
and
under
section
261.9
,
prior
to
receipt
of
tuition
27
grant
moneys
under
this
chapter
part
.
28
Sec.
2626.
Section
261.17,
subsection
5,
Code
2023,
is
29
amended
to
read
as
follows:
30
5.
A
vocational-technical
tuition
grant
shall
be
awarded
31
on
an
annual
basis,
requiring
reapplication
by
the
student
for
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each
year.
Payments
under
the
grant
shall
be
allocated
equally
33
among
the
semesters
or
quarters
of
the
year
upon
certification
34
by
the
institution
that
the
student
is
in
full-time
or
35
part-time
attendance
in
a
vocational-technical
or
career
option
1
program,
as
defined
under
rules
of
the
department
of
education
.
2
If
the
student
discontinues
attendance
before
the
end
of
any
3
term
after
receiving
payment
of
the
grant,
the
entire
amount
of
4
any
refund
due
that
student,
up
to
the
amount
of
any
payments
5
made
under
the
annual
grant,
shall
be
paid
by
the
institution
6
to
the
state.
7
Sec.
2627.
Section
261.20,
subsection
1,
Code
2023,
is
8
amended
to
read
as
follows:
9
1.
A
scholarship
and
tuition
grant
reserve
fund
is
created
10
to
assure
that
financial
assistance
will
be
available
to
all
11
students
who
are
awarded
scholarships
or
tuition
grants
through
12
programs
funded
under
this
chapter
part
.
The
fund
is
created
13
as
a
separate
fund
in
the
state
treasury,
and
moneys
in
the
14
fund
shall
not
revert
to
the
general
fund
unless,
and
then
15
only
to
the
extent
that,
the
funds
exceed
the
maximum
allowed
16
balance.
17
Sec.
2628.
Section
261.35,
unnumbered
paragraph
1,
Code
18
2023,
is
amended
to
read
as
follows:
19
As
used
in
this
subchapter
subpart
,
unless
the
context
20
otherwise
requires:
21
Sec.
2629.
Section
261.36,
unnumbered
paragraph
1,
Code
22
2023,
is
amended
to
read
as
follows:
23
The
commission
shall
have
necessary
powers
to
carry
out
its
24
purposes
and
duties
under
this
subchapter
subpart
,
including
25
but
not
limited
to
the
power
to:
26
Sec.
2630.
Section
261.37,
unnumbered
paragraph
1,
Code
27
2023,
is
amended
to
read
as
follows:
28
The
duties
of
the
commission
under
this
subchapter
subpart
29
shall
be
as
follows:
30
Sec.
2631.
Section
261.37,
subsections
5
and
7,
Code
2023,
31
are
amended
to
read
as
follows:
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5.
To
adopt
rules
pursuant
to
chapter
17A
to
implement
33
the
provisions
of
this
subchapter
subpart,
including
34
establishing
standards
for
educational
institutions,
lenders,
35
and
individuals
to
become
eligible
institutions,
lenders,
and
1
borrowers.
Notwithstanding
any
contrary
provisions
in
chapter
2
537
,
the
rules
and
standards
established
shall
be
consistent
3
with
the
requirements
provided
in
the
Higher
Education
Act
of
4
1965.
5
7.
To
establish
an
effective
system
for
the
collection
of
6
delinquent
loans,
including
the
adoption
of
an
agreement
with
7
the
department
of
administrative
services
to
set
off
against
8
a
defaulter’s
income
tax
refund
or
rebate
the
amount
that
is
9
due
because
of
a
default
on
a
loan
made
under
this
subchapter
10
subpart
.
The
commission
shall
adopt
rules
under
chapter
17A
11
necessary
to
assist
the
department
of
administrative
services
12
in
the
implementation
of
the
student
loan
setoff
program
as
13
established
under
section
8A.504
.
The
commission
shall
apply
14
administrative
wage
garnishment
procedures
authorized
under
the
15
federal
Higher
Education
Act
of
1965,
as
amended
and
codified
16
in
20
U.S.C.
§1071
et
seq.,
for
all
delinquent
loans,
including
17
loans
authorized
under
section
261.38
,
when
a
defaulter
who
is
18
financially
capable
of
paying
fails
to
voluntarily
enter
into
a
19
reasonable
payment
agreement.
In
no
case
shall
the
commission
20
garnish
more
than
the
amount
authorized
by
federal
law
for
21
all
loans
being
collected
by
the
commission,
including
those
22
authorized
under
section
261.38
.
23
Sec.
2632.
Section
261.42,
Code
2023,
is
amended
to
read
as
24
follows:
25
261.42
Short
title.
26
This
subchapter
subpart
shall
be
known
and
may
be
cited
as
27
the
“Iowa
Guaranteed
Loan
Program”
.
28
Sec.
2633.
Section
261.43A,
Code
2023,
is
amended
to
read
29
as
follows:
30
261.43A
Security
interest
in
education
loans.
31
A
nonprofit
organization
qualifying
for
tax-exempt
status
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under
the
Internal
Revenue
Code,
as
defined
in
section
422.3
,
33
that
provides
or
acquires
education
loans
in
the
organization’s
34
normal
course
of
business
shall,
notwithstanding
any
contrary
35
provision
of
chapter
554
or
other
state
law,
establish
and
1
perfect
a
security
interest
and
establish
priority
over
other
2
security
interests
in
such
education
loans
by
filing
in
the
3
same
manner
as
provided
for
perfecting
a
security
interest
in
4
a
student
loan
pursuant
to
20
U.S.C.
§1082(m)(1)(E).
This
5
section
applies
to
education
loans
provided
under
this
chapter
6
part
by
such
nonprofit
organizations
and
other
education
loans
7
provided
by
such
nonprofit
organizations.
8
Sec.
2634.
Section
261.87,
subsection
1,
unnumbered
9
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
10
As
used
in
this
subchapter
subpart
,
unless
the
context
11
otherwise
requires:
12
Sec.
2635.
Section
261.102,
subsection
7,
Code
2023,
is
13
amended
to
read
as
follows:
14
7.
“Program”
means
the
Iowa
minority
academic
grants
15
for
economic
success
program
established
in
this
subchapter
16
subpart
.
17
Sec.
2636.
Section
261.110,
subsections
1
and
5,
Code
2023,
18
are
amended
to
read
as
follows:
19
1.
A
teach
Iowa
scholar
program
is
established
to
provide
20
teach
Iowa
scholar
grants
to
selected
high-caliber
teachers.
21
The
commission
shall
administer
the
program
in
collaboration
22
with
the
department
of
education.
23
5.
The
commission
,
in
collaboration
with
the
department
24
of
education,
shall
adopt
rules
pursuant
to
chapter
17A
to
25
administer
this
section
.
The
rules
shall
include
but
shall
not
26
be
limited
to
a
process
for
use
by
the
commission
to
determine
27
which
eligible
applicants
will
receive
teach
Iowa
scholar
28
grants.
29
Sec.
2637.
Section
261.110,
subsection
3,
paragraph
a,
Code
30
2023,
is
amended
to
read
as
follows:
31
a.
The
applicant
was
in
the
top
twenty-five
percent
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academically
of
students
exiting
a
teacher
preparation
program
33
approved
by
the
state
board
of
education
pursuant
to
section
34
256.7,
subsection
3
,
or
a
similar
teacher
preparation
program
35
in
another
state,
or
had
earned
other
comparable
academic
1
credentials.
2
Sec.
2638.
Section
261.111,
subsection
2,
Code
2023,
is
3
amended
to
read
as
follows:
4
2.
The
director
of
the
department
of
education
shall
5
annually
designate
the
areas
in
which
teacher
shortages
are
6
anticipated.
The
director
shall
periodically
conduct
a
survey
7
of
school
districts,
accredited
nonpublic
schools,
and
approved
8
practitioner
preparation
programs
to
determine
current
shortage
9
areas
and
predict
future
shortage
areas.
10
Sec.
2639.
Section
261.112,
subsections
1
and
2,
Code
2023,
11
are
amended
to
read
as
follows:
12
1.
A
teacher
shortage
loan
forgiveness
program
is
13
established
to
be
administered
by
the
commission.
A
teacher
14
is
eligible
for
the
program
if
the
teacher
is
practicing
in
15
a
teacher
shortage
area
as
designated
by
the
department
of
16
education
pursuant
to
subsection
2
.
A
person
is
ineligible
17
for
this
program
if
the
person
receives
a
grant
under
section
18
261.110
or
a
forgivable
loan
under
section
261.111
.
For
19
purposes
of
this
section
,
“teacher”
means
an
individual
holding
20
a
practitioner’s
license
issued
under
chapter
272
part
3
,
who
21
is
employed
in
a
nonadministrative
position
in
a
designated
22
shortage
area
by
a
school
district
or
area
education
agency
23
pursuant
to
a
contract
issued
by
a
board
of
directors
under
24
section
279.13
.
25
2.
The
director
of
the
department
of
education
shall
26
annually
designate
the
geographic
or
subject
areas
experiencing
27
teacher
shortages.
The
director
shall
periodically
conduct
a
28
survey
of
school
districts,
accredited
nonpublic
schools,
and
29
approved
practitioner
preparation
programs
to
determine
current
30
shortage
areas.
31
Sec.
2640.
Section
261.130,
subsection
2,
Code
2023,
is
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amended
to
read
as
follows:
33
2.
Skilled
workforce
shortage
tuition
grants
shall
be
34
awarded
only
to
students
pursuing
a
career-technical
or
career
35
option
program
in
an
industry
identified
as
having
a
shortage
1
of
skilled
workers
by
a
community
college
after
conducting
a
2
regional
skills
gap
analysis
or
as
being
a
high-demand
job
by
3
the
department
of
workforce
development
in
the
department’s
4
department
of
workforce
development’s
most
recent
list
of
5
high-demand
jobs.
If
a
community
college
no
longer
identifies
6
the
industry
as
having
a
shortage
of
skilled
workers
or
the
7
department
of
workforce
development
no
longer
identifies
the
8
industry
as
a
high-demand
job,
an
eligible
student
who
received
9
a
grant
for
a
career-technical
or
career
option
program
based
10
on
that
identification
shall
continue
to
receive
the
grant
11
until
achieving
a
postsecondary
credential,
up
to
an
associate
12
degree,
as
long
as
the
student
is
continuously
enrolled
in
13
that
program
and
continues
to
meet
all
other
eligibility
14
requirements.
15
Sec.
2641.
Section
261.131,
subsection
1,
paragraph
b,
Code
16
2023,
is
amended
to
read
as
follows:
17
b.
“Approved
state-recognized
work-based
learning
program”
18
means
a
structured
educational
and
training
program
that
19
includes
authentic
worksite
training
and
is
approved
by
the
20
department
of
education
according
to
a
process
established
21
under
rules
adopted
pursuant
to
section
256.7,
subsection
34
.
22
Sec.
2642.
Section
261.132,
subsection
1,
paragraph
c,
Code
23
2023,
is
amended
to
read
as
follows:
24
c.
“Eligible
program”
means
a
program
of
study
or
an
25
academic
major
jointly
approved
by
the
commission
and
the
26
department
of
workforce
development,
in
consultation
with
the
27
eligible
institution,
that
leads
to
a
bachelor’s
degree
aligned
28
with
a
high-demand
job
designated
by
the
workforce
development
29
board
pursuant
to
section
84A.1B,
subsection
14
.
If
the
30
department
of
workforce
development
removes
a
high-demand
job
31
from
the
list
created
under
section
84A.1B,
subsection
14
,
an
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eligible
student
who
received
a
grant
for
a
program
based
on
33
that
high-demand
job
shall
continue
to
receive
the
grant
until
34
achieving
a
bachelor’s
degree
as
long
as
the
student
continues
35
to
meet
all
other
eligibility
requirements.
1
Sec.
2643.
Section
261B.11A,
subsection
1,
Code
2023,
is
2
amended
to
read
as
follows:
3
1.
Students
attending
schools
required
to
register
under
4
this
chapter
are
ineligible
for
state
student
financial
aid
5
programs
established
under
chapter
261
256,
subchapter
VII,
6
part
4
.
7
Sec.
2644.
Section
261F.1,
subsection
5,
paragraph
e,
Code
8
2023,
is
amended
to
read
as
follows:
9
e.
State
education
grants,
scholarships,
or
financial
aid
10
funds
administered
under
chapter
261
256,
subchapter
VII,
part
11
4
.
12
Sec.
2645.
Section
261G.4,
subsections
1,
2,
and
5,
Code
13
2023,
are
amended
to
read
as
follows:
14
1.
Notwithstanding
any
other
provision
of
law
to
the
15
contrary,
a
participating
nonresident
institution
shall
not
16
be
required
to
register
under
chapter
261B
or
to
comply
with
17
the
registration
and
disclosure
requirements
of
chapter
261
18
256,
subchapter
VII,
part
4,
or
chapter
261B
or
section
714.17,
19
subsections
2
and
3
,
or
sections
714.18
,
714.20
,
714.21
,
and
20
714.23
,
or
section
714.24,
subsections
1,
2,
3,
4,
and
5
,
or
21
section
714.25
,
if
the
provisions
of
an
interstate
reciprocity
22
agreement
prohibit
such
registration
or
compliance.
23
2.
Notwithstanding
any
other
provision
of
law
to
the
24
contrary,
a
participating
resident
institution
shall
be
25
required
to
register
under
chapter
261B
or
to
comply
with
the
26
registration
and
disclosure
requirements
of
chapter
261
256,
27
subchapter
VII,
part
4,
or
chapter
261B
or
section
714.17,
28
subsections
2
and
3
,
or
sections
714.18
,
714.20
,
714.21
,
and
29
714.23
,
or
section
714.24,
subsections
1,
2,
3,
4,
and
5
,
or
30
section
714.25
,
if
the
provisions
of
the
interstate
reciprocity
31
agreement
require
such
registration
or
compliance.
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5.
Students
attending
a
participating
nonresident
33
institution
are
ineligible
for
state
student
financial
aid
34
programs
established
under
chapter
261
256,
subchapter
VII,
35
part
4
.
1
Sec.
2646.
CODE
EDITOR
DIRECTIVE.
2
1.
The
Code
editor
is
directed
to
make
the
following
3
transfers:
4
a.
Section
261.1
to
section
256.176.
5
b.
Section
261.2
to
section
256.177.
6
c.
Section
261.3
to
section
256.178.
7
d.
Section
261.4
to
section
256.179.
8
e.
Section
261.5
to
section
256.180.
9
f.
Section
261.7
to
section
256.181.
10
g.
Section
261.8
to
section
256.182.
11
h.
Section
261.9
to
section
256.183.
12
i.
Section
261.10
to
section
256.184.
13
j.
Section
261.11
to
section
256.185.
14
k.
Section
261.12
to
section
256.186.
15
l.
Section
261.13
to
section
256.187.
16
m.
Section
261.14
to
section
256.188.
17
n.
Section
261.15
to
section
256.189.
18
o.
Section
261.16
to
section
256.190.
19
p.
Section
261.16A
to
section
256.191.
20
q.
Section
261.17
to
section
256.192.
21
r.
Section
261.20
to
section
256.193.
22
s.
Section
261.25
to
section
256.194.
23
t.
Section
261.35
to
section
256.195.
24
u.
Section
261.36
to
section
256.196.
25
v.
Section
261.37
to
section
256.197.
26
w.
Section
261.38
to
section
256.198.
27
x.
Section
261.42
to
section
256.199.
28
y.
Section
261.43
to
section
256.200.
29
z.
Section
261.43A
to
section
256.201.
30
aa.
Section
261.62
to
section
256.202.
31
ab.
Section
261.71
to
section
256.203.
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ac.
Section
261.72
to
section
256.204.
33
ad.
Section
261.73
to
section
256.205.
34
ae.
Section
261.81
to
section
256.206.
35
af.
Section
261.83
to
section
256.207.
1
ag.
Section
261.84
to
section
256.208.
2
ah.
Section
261.85
to
section
256.209.
3
ai.
Section
261.86
to
section
256.210.
4
aj.
Section
261.86A
to
section
256.211.
5
ak.
Section
261.87
to
section
256.212.
6
al.
Section
261.101
to
section
256.213.
7
am.
Section
261.102
to
section
256.214.
8
an.
Section
261.103
to
section
256.215.
9
ao.
Section
261.104
to
section
256.216.
10
ap.
Section
261.105
to
section
256.217.
11
aq.
Section
261.110
to
section
256.218.
12
ar.
Section
261.111
to
section
256.219.
13
as.
Section
261.112
to
section
256.220.
14
at.
Section
261.113
to
section
256.221.
15
au.
Section
261.114
to
section
256.222.
16
av.
Section
261.115
to
section
256.223.
17
aw.
Section
261.116
to
section
256.224.
18
ax.
Section
261.117
to
section
256.225.
19
ay.
Section
261.120
to
section
256.226.
20
az.
Section
261.130
to
section
256.227.
21
ba.
Section
261.131
to
section
256.228.
22
bb.
Section
261.132
to
section
256.229.
23
2.
The
Code
editor
shall
correct
internal
references
in
the
24
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
25
enactment
of
this
section.
26
3.
a.
The
Code
editor
may
designate
sections
256.176
27
through
256.229,
as
enacted
in
this
division
of
this
Act,
as
28
new
part
4
entitled
“College
Student
Aid
Commission”
within
the
29
subchapter
entitled
“Higher
education
division”
as
enacted
by
30
another
division
of
this
Act.
31
b.
The
Code
editor
shall
designate
sections
256.176
through
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256.229
into
the
following
subparts:
33
(1)
Sections
256.176
through
256.182
shall
be
designated
as
34
subpart
A
and
entitled
“General
Provisions”.
35
(2)
Sections
256.183
through
256.194
shall
be
designated
as
1
subpart
B
and
entitled
“Tuition
Grants
to
Students”.
2
(3)
Sections
256.195
through
256.201
shall
be
designated
as
3
subpart
C
and
entitled
“Iowa
Guaranteed
Loan
Program”.
4
(4)
Section
256.202
shall
be
designated
as
subpart
D
and
5
entitled
“Iowa
State
Fair
Scholarship”.
6
(5)
Sections
256.203
through
256.205
shall
be
designated
7
as
subpart
E
and
entitled
“Chiropractic
Graduate
Student
8
Forgivable
Loan
Program”.
9
(6)
Sections
256.206
through
256.209
shall
be
designated
as
10
subpart
F
and
entitled
“Work-Study
Program”.
11
(7)
Sections
256.210
through
256.211
shall
be
designated
as
12
subpart
G
and
entitled
“National
Guard
Educational
Assistance”.
13
(8)
Section
256.212
shall
be
designated
as
subpart
H
and
14
entitled
“All
Iowa
Opportunity
Scholarships”.
15
(9)
Sections
256.213
through
256.217
shall
be
designated
as
16
subpart
I
and
entitled
“Minority
Academic
Grants
for
Economic
17
Success”.
18
(10)
Sections
256.218
through
256.220
shall
be
designated
19
as
subpart
J
and
entitled
“Teach
Iowa
Scholar
Grants
and
20
Teacher
Shortage
Forgivable
Loan
and
Loan
Forgiveness
21
Programs”.
22
(11)
Sections
256.221
through
256.226
shall
be
designated
23
as
subpart
K
and
entitled
“Other
Loan
Repayment
and
Forgiveness
24
Programs
——
Health
Professions”.
25
(12)
Sections
256.227
through
256.229
shall
be
designated
26
as
subpart
L
and
entitled
“Skilled
Workforce
Shortage
Tuition
27
Grant
Program”.
28
Sec.
2647.
TRANSITION
PROVISIONS.
29
1.
Any
scholarship,
loan,
or
grant
awarded
under
a
30
program
administered
by
the
college
student
aid
commission
in
31
accordance
with
chapter
261
prior
to
the
effective
date
of
this
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division
of
this
Act
is
valid
and
shall
continue
as
provided
in
33
the
terms
of
the
scholarship,
loan,
or
grant.
34
2.
Federal
funds
utilized
by
the
college
student
aid
35
commission
prior
to
the
effective
date
of
this
division
of
this
1
Act
to
employ
personnel
necessary
for
the
administration
of
the
2
college
student
aid
commission’s
programs
shall
be
applied
to
3
and
be
available
for
the
transfer
of
such
personnel
from
the
4
college
student
aid
commission
to
the
higher
education
division
5
of
the
department
of
education.
6
Sec.
2648.
APPLICABILITY.
This
division
of
this
Act
7
applies
to
individuals
appointed
as
the
executive
director
of
8
the
college
student
aid
commission
before,
on,
or
after
the
9
effective
date
of
this
division
of
this
Act.
10
COMMUNITY
COLLEGES
BUREAU
11
Sec.
2649.
Section
256.9,
subsection
36,
Code
2023,
is
12
amended
by
striking
the
subsection.
13
Sec.
2650.
Section
260C.2,
Code
2023,
is
amended
by
adding
14
the
following
new
subsections:
15
NEW
SUBSECTION
.
01.
“Bureau”
means
the
community
colleges
16
bureau
of
the
higher
education
division
of
the
department
17
established
under
section
260C.6.
18
NEW
SUBSECTION
.
001.
“Bureau
chief”
means
the
bureau
19
chief
of
the
community
colleges
bureau
of
the
higher
education
20
division
of
the
department.
21
Sec.
2651.
Section
260C.5,
Code
2023,
is
amended
to
read
as
22
follows:
23
260C.5
Duties
of
director
Community
colleges
bureau
——
duties
24
of
bureau
chief
.
25
The
director
shall
appoint
the
bureau
chief,
and
the
bureau
26
chief
shall
direct
the
work
of
the
personnel
as
necessary
to
27
carry
out
this
chapter.
The
bureau
chief
shall
do
all
of
the
28
following
:
29
1.
Designate
a
community
college
as
an
“area
career
and
30
technical
education
school”
within
the
meaning
of,
and
for
the
31
purpose
of
administering,
the
federal
Carl
D.
Perkins
Career
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and
Technical
Education
Improvement
Act
of
2006.
A
community
33
college
shall
not
be
so
designated
by
the
director
for
the
34
expenditure
of
funds
under
20
U.S.C.
§2301
et
seq.,
as
amended,
35
which
has
not
been
designated
and
classified
as
a
community
1
college
by
the
state
board.
2
2.
Change
boundaries
of
director
districts
in
a
merged
area
3
when
the
board
fails
to
change
boundaries
as
required
by
law.
4
3.
Make
changes
in
boundaries
of
merged
areas
with
the
5
approval
of
the
board
of
directors
of
each
merged
area
affected
6
by
the
change.
When
the
boundaries
of
a
merged
area
are
7
changed,
the
director
of
the
department
of
education
may
8
authorize
the
board
of
directors
of
the
merged
area
to
levy
9
additional
taxes
upon
the
property
within
the
merged
area,
or
10
any
part
of
the
merged
area,
and
distribute
the
taxes
so
that
11
all
parts
of
the
merged
area
are
paying
their
share
toward
the
12
support
of
the
college.
13
4.
Administer,
allocate,
and
disburse
federal
or
state
14
funds
made
available
to
pay
a
portion
of
the
cost
of
acquiring
15
sites
for
and
constructing,
acquiring,
or
remodeling
facilities
16
for
community
colleges,
and
establish
priorities
for
the
use
17
of
such
funds.
18
5.
Administer,
allocate,
and
disburse
federal
or
state
19
funds
available
to
pay
a
portion
of
the
operating
costs
of
20
community
colleges.
21
6.
Propose
administrative
rules
to
carry
out
this
chapter
22
subject
to
approval
of
the
state
board.
23
7.
Enter
into
contracts
with
local
school
boards
within
the
24
area
that
have
and
maintain
a
career
and
technical
education
25
program
and
with
private
schools
or
colleges
in
the
cooperative
26
or
merged
areas
to
provide
courses
or
programs
of
study
in
27
addition
to
or
as
a
part
of
the
curriculum
made
available
in
28
the
community
college.
29
8.
Make
arrangements
with
boards
of
merged
areas
and
local
30
school
districts
to
permit
students
attending
high
school
to
31
participate
in
career
and
technical
education
programs
and
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advanced
college
placement
courses
and
obtain
credit
for
such
33
participation
for
application
toward
the
completion
of
a
high
34
school
diploma.
The
granting
of
credit
is
subject
to
the
35
approval
of
the
director
of
the
department
of
education
.
1
9.
Prescribe
a
uniform
system
of
accounting
for
community
2
colleges.
3
10.
Ensure
that
community
colleges
that
provide
4
intercollegiate
athletics
as
a
part
of
their
program
comply
5
with
section
216.9
.
6
11.
Develop
an
application
and
review
process
for
approval
7
of
administrative
and
program
sharing
agreements
between
two
8
or
more
community
colleges
or
a
community
college
and
an
9
institution
of
higher
education
under
the
board
of
regents
10
entered
into
pursuant
to
section
260C.46.
11
Sec.
2652.
Section
260C.6,
Code
2023,
is
amended
to
read
as
12
follows:
13
260C.6
Community
colleges
division
in
department
bureau
in
14
the
higher
education
division
.
15
A
community
colleges
division
bureau
shall
be
established
16
within
the
higher
education
division
of
the
department
of
17
education
.
The
division
bureau
shall
exercise
the
powers
and
18
perform
the
duties
conferred
by
law
upon
the
department
with
19
respect
to
community
colleges.
20
Sec.
2653.
Section
260C.18,
subsection
1,
Code
2023,
is
21
amended
to
read
as
follows:
22
1.
Federal
funds
made
available
and
administered
by
the
23
director
of
the
department
of
education
,
for
purposes
provided
24
by
federal
laws,
rules,
and
regulations.
25
Sec.
2654.
Section
260C.46,
Code
2023,
is
amended
to
read
26
as
follows:
27
260C.46
Program
and
administrative
sharing.
28
By
September
1,
1990,
the
The
department
shall
establish
29
guidelines
and
an
approval
process
for
program
sharing
30
agreements
and
for
administrative
sharing
agreements
entered
31
into
by
two
or
more
community
colleges
or
by
a
community
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college
and
a
higher
education
institution
under
the
control
33
of
the
board
of
regents.
Guidelines
established
shall
be
34
designed
to
increase
student
access
to
programs,
enhance
35
educational
program
offerings
throughout
the
state,
and
enhance
1
interinstitutional
cooperation
in
program
offerings.
2
DIVISION
XV
3
COMMERCE
4
CONSUMER
ADVOCATE
5
Sec.
2655.
Section
475A.3,
subsections
1
and
3,
Code
2023,
6
are
amended
to
read
as
follows:
7
1.
Office.
The
office
of
consumer
advocate
shall
be
a
8
separate
division
of
the
department
of
justice
and
located
at
9
the
same
location
as
the
utilities
division
of
the
department
10
of
commerce
board
.
Administrative
support
services
may
be
11
provided
to
the
consumer
advocate
division
by
the
department
of
12
commerce
utilities
board
.
13
3.
Salaries,
expenses,
and
appropriation.
The
salary
of
14
the
consumer
advocate
shall
be
fixed
by
the
attorney
general
15
within
the
salary
range
set
by
the
general
assembly.
The
16
salaries
of
employees
of
the
consumer
advocate
shall
be
at
17
rates
of
compensation
consistent
with
current
standards
in
18
industry.
The
reimbursement
of
expenses
for
the
employees
and
19
the
consumer
advocate
is
as
provided
by
law.
The
appropriation
20
for
the
office
of
consumer
advocate
shall
be
a
separate
line
21
item
contained
in
the
appropriation
from
the
department
of
22
commerce
revolving
fund
created
in
section
546.12
.
23
Sec.
2656.
Section
475A.4,
Code
2023,
is
amended
to
read
as
24
follows:
25
475A.4
Utilities
division
board
records.
26
The
consumer
advocate
has
free
access
to
all
the
files,
27
records,
and
documents
in
the
office
of
the
utilities
division
28
board
except:
29
1.
Personal
information
in
confidential
personnel
records
30
of
the
utilities
division
board
.
31
2.
Records
which
represent
and
constitute
the
work
product
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of
the
general
counsel
of
the
utilities
board,
and
records
of
33
confidential
communications
between
utilities
board
members
and
34
their
general
counsel,
where
the
records
relate
to
a
proceeding
35
before
the
board
in
which
the
consumer
advocate
is
a
party
or
1
a
proceeding
in
any
state
or
federal
court
in
which
both
the
2
board
and
the
consumer
advocate
are
parties.
3
3.
Customer
information
of
a
confidential
nature
which
4
could
jeopardize
the
customer’s
competitive
status
and
5
is
provided
by
the
utility
to
the
division
board
.
Such
6
information
shall
be
provided
to
the
consumer
advocate
by
the
7
division
board
,
if
the
board
determines
it
to
be
in
the
public
8
interest.
9
Sec.
2657.
Section
475A.6,
Code
2023,
is
amended
to
read
as
10
follows:
11
475A.6
Certification
of
expenses
to
utilities
division
board
.
12
1.
a.
The
consumer
advocate
shall
determine
the
advocate’s
13
expenses,
including
a
reasonable
allocation
of
general
office
14
expenses,
directly
attributable
to
the
performance
of
the
15
advocate’s
duties
involving
specific
persons
subject
to
direct
16
assessment,
and
shall
certify
the
expenses
to
the
utilities
17
division
board
not
less
than
quarterly.
The
expenses
shall
18
then
be
includable
in
the
expenses
of
the
division
board
19
subject
to
direct
assessment
under
section
476.10
.
20
b.
The
consumer
advocate
shall
annually,
within
ninety
21
days
after
the
close
of
each
fiscal
year,
determine
the
22
advocate’s
expenses,
including
a
reasonable
allocation
of
23
general
office
expenses,
attributable
to
the
performance
of
the
24
advocate’s
duties
generally,
and
shall
certify
the
expenses
25
to
the
utilities
division
board
.
The
expenses
shall
then
be
26
includable
in
the
expenses
of
the
division
board
subject
to
27
remainder
assessment
under
section
476.10
.
28
2.
The
consumer
advocate
is
entitled
to
notice
and
29
opportunity
to
be
heard
in
any
utilities
board
proceeding
30
on
objection
to
an
assessment
for
expenses
certified
by
the
31
consumer
advocate.
Expenses
assessed
under
this
section
shall
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not
exceed
the
amount
appropriated
for
the
consumer
advocate
33
division
of
the
department
of
justice.
34
3.
The
office
of
consumer
advocate
may
expend
additional
35
funds,
including
funds
for
outside
consultants,
if
those
1
additional
expenditures
are
actual
expenses
which
exceed
2
the
funds
budgeted
for
the
performance
of
the
advocate’s
3
duties.
Before
the
office
expends
or
encumbers
an
amount
in
4
excess
of
the
funds
budgeted,
the
director
of
the
department
5
of
management
shall
approve
the
expenditure
or
encumbrance.
6
Before
approval
is
given,
the
director
of
the
department
of
7
management
shall
determine
that
the
expenses
exceed
the
funds
8
budgeted
by
the
general
assembly
to
the
office
of
consumer
9
advocate
and
that
the
office
does
not
have
other
funds
from
10
which
such
expenses
can
be
paid.
Upon
approval
of
the
director
11
of
the
department
of
management,
the
office
may
expend
and
12
encumber
funds
for
excess
expenses.
The
amounts
necessary
13
to
fund
the
excess
expenses
shall
be
collected
from
those
14
utilities
or
persons
which
caused
the
excess
expenditures,
15
and
the
collections
shall
be
treated
as
repayment
receipts
as
16
defined
in
section
8.2,
subsection
8
.
17
IOWA
UTILITIES
BOARD
18
Sec.
2658.
Section
6A.21,
subsection
2,
Code
2023,
is
19
amended
to
read
as
follows:
20
2.
The
limitation
on
the
definition
of
public
use,
21
public
purpose,
or
public
improvement
does
not
apply
to
the
22
establishment,
relocation,
or
improvement
of
a
road
pursuant
23
to
chapter
306
,
or
to
the
establishment
of
a
railway
under
the
24
supervision
of
the
department
of
transportation
as
provided
in
25
section
327C.2
,
or
to
an
airport
as
defined
in
section
328.1
,
26
or
to
land
acquired
in
order
to
replace
or
mitigate
land
used
27
in
a
road
project
when
federal
law
requires
replacement
or
28
mitigation.
This
limitation
also
does
not
apply
to
utilities,
29
persons,
companies,
or
corporations
under
the
jurisdiction
of
30
the
Iowa
utilities
board
in
the
department
of
commerce
or
to
31
any
other
utility
conferred
the
right
by
statute
to
condemn
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private
property
or
to
otherwise
exercise
the
power
of
eminent
33
domain,
except
to
the
extent
such
purpose
includes
construction
34
of
aboveground
merchant
lines.
35
Sec.
2659.
Section
6B.42,
subsection
2,
paragraphs
b
and
d,
1
Code
2023,
are
amended
to
read
as
follows:
2
b.
A
person
aggrieved
by
a
determination
made
by
a
utility
3
as
to
eligibility
for
relocation
assistance,
a
payment,
or
4
the
amount
of
the
payment,
upon
application,
may
have
the
5
matter
reviewed
by
the
utilities
division
of
the
department
of
6
commerce
board
.
7
d.
A
utility
or
railroad
subject
to
this
section
that
8
proposes
to
displace
a
person
shall
inform
the
person
of
the
9
person’s
right
to
receive
relocation
assistance
and
payments,
10
and
of
an
aggrieved
person’s
right
to
appeal
to
the
utilities
11
division
of
the
department
of
commerce
board
or
the
state
12
department
of
transportation.
13
Sec.
2660.
Section
6B.45,
subsection
1,
Code
2023,
is
14
amended
to
read
as
follows:
15
1.
When
any
real
property
or
interest
in
real
property
16
is
to
be
purchased,
or
in
lieu
thereof
to
be
condemned,
the
17
acquiring
agency
or
its
agent
shall
submit
to
the
person,
18
corporation,
or
entity
whose
property
or
interest
in
the
19
property
is
to
be
taken,
by
ordinary
mail,
at
least
ten
days
20
prior
to
the
date
upon
which
the
acquiring
agency
or
its
agent
21
contacts
the
property
owner
to
commence
negotiations,
a
copy
22
of
the
appraisal
in
its
entirety
upon
such
real
property
or
23
interest
in
such
real
property
prepared
for
the
acquiring
24
agency
or
its
agent,
which
shall
include,
at
a
minimum,
an
25
itemization
of
the
appraised
value
of
the
real
property
or
26
interest
in
the
property,
any
buildings
on
the
property,
all
27
other
improvements
including
fences,
severance
damages,
and
28
loss
of
access.
In
determining
fair
market
value
of
property,
29
the
acquiring
agency
shall
not
consider
only
the
assessed
value
30
assigned
to
such
property
for
purposes
of
property
taxation.
31
The
appraisal
sent
to
the
condemnee
shall
be
that
appraisal
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upon
which
the
condemnor
will
rely
to
establish
an
amount
33
which
the
condemnor
believes
to
be
just
compensation
for
the
34
real
property.
All
other
appraisals
made
on
the
property
as
a
35
result
of
the
condemnation
proceeding
shall
be
made
available
1
to
the
condemnee
upon
request.
In
lieu
of
an
appraisal,
a
2
utility
or
person
under
the
jurisdiction
of
the
utilities
board
3
of
the
department
of
commerce
,
or
any
other
utility
conferred
4
the
right
by
statute
to
condemn
private
property,
shall
provide
5
in
writing
by
certified
mail
to
the
owner
of
record
thirty
6
days
prior
to
negotiations,
the
methods
and
factors
used
in
7
arriving
at
an
offered
price
for
voluntary
easements
including
8
the
range
of
cash
amount
of
each
component.
An
acquiring
9
agency
may
obtain
a
signed
written
waiver
from
the
landowner
to
10
allow
negotiations
to
commence
prior
to
the
expiration
of
the
11
applicable
waiting
period
for
the
commencement
of
negotiations.
12
Sec.
2661.
Section
6B.54,
subsections
2
and
3,
Code
2023,
13
are
amended
to
read
as
follows:
14
2.
Real
property
shall
be
appraised
as
required
by
section
15
6B.45
before
the
initiation
of
negotiations,
and
the
owner
16
or
the
owner’s
designated
representative
shall
be
given
17
an
opportunity
to
accompany
at
least
one
appraiser
of
the
18
acquiring
agency
during
an
inspection
of
the
property,
except
19
that
an
acquiring
agency
may
prescribe
a
procedure
to
waive
the
20
appraisal
in
cases
involving
the
acquisition
of
property
with
21
a
low
fair
market
value.
In
lieu
of
an
appraisal,
a
utility
22
or
person
under
the
jurisdiction
of
the
utilities
board
of
the
23
department
of
commerce
,
or
any
other
utility
conferred
the
24
right
by
statute
to
condemn
private
property,
shall
provide
in
25
writing
by
certified
mail
to
the
owner
of
record
thirty
days
26
before
negotiations,
the
methods
and
factors
used
in
arriving
27
at
an
offered
price
for
voluntary
easements
including
the
range
28
of
cash
amount
of
each
component.
29
3.
Before
the
initiation
of
negotiations
for
real
property,
30
the
acquiring
agency
shall
establish
an
amount
which
it
31
believes
to
be
just
compensation
for
the
real
property,
and
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shall
make
a
prompt
offer
to
acquire
the
property
for
the
full
33
amount
established
by
the
agency.
In
no
event
shall
the
amount
34
be
less
than
the
fair
market
value
the
acquiring
agency
has
35
established
for
the
property
or
property
interest
pursuant
1
to
the
appraisal
required
in
section
6B.45
or
less
than
the
2
value
determined
under
the
acquiring
agency’s
waiver
procedure
3
established
pursuant
to
subsection
2
.
A
purchase
offer
made
4
by
an
acquiring
agency
shall
include
provisions
for
payment
to
5
the
owner
of
expenses,
including
relocation
expenses,
expenses
6
listed
in
subsection
10
,
and
other
expenses
required
by
law
7
to
be
paid
by
an
acquiring
agency
to
a
condemnee.
However,
8
in
the
alternative,
the
acquiring
agency
may
make,
and
the
9
owner
may
accept,
a
purchase
offer
from
the
acquiring
agency
10
that
is
an
amount
equal
to
one
hundred
thirty
percent
of
the
11
appraisal
amount
plus
payment
to
the
owner
of
expenses
listed
12
in
subsection
10
,
once
those
expenses
have
been
determined.
If
13
the
owner
accepts
such
a
purchase
offer,
the
owner
is
barred
14
from
claiming
payment
from
the
acquiring
agency
for
any
other
15
expenses
allowed
by
law.
In
the
case
of
a
utility
or
person
16
under
the
jurisdiction
of
the
utilities
board
of
the
department
17
of
commerce
,
or
any
other
utility
conferred
the
right
by
18
statute
to
condemn
private
property,
the
amount
shall
not
be
19
less
than
the
amount
indicated
by
the
methods
and
factors
used
20
in
arriving
at
an
offered
price
for
a
voluntary
easement.
The
21
option
to
make
an
alternative
purchase
offer
does
not
apply
22
when
property
is
being
acquired
for
street
and
highway
projects
23
undertaken
by
the
state,
a
county,
or
a
city.
24
Sec.
2662.
Section
8C.2,
subsection
3,
paragraph
b,
Code
25
2023,
is
amended
to
read
as
follows:
26
b.
The
utilities
division
of
the
department
of
commerce
27
board
.
28
Sec.
2663.
Section
12.10,
Code
2023,
is
amended
to
read
as
29
follows:
30
12.10
Deposits
by
state
officers.
31
Except
as
otherwise
provided,
all
elective
and
appointive
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state
officers,
boards,
commissions,
and
departments
shall,
33
within
ten
days
succeeding
the
collection,
deposit
with
the
34
treasurer
of
state,
or
to
the
credit
of
the
treasurer
of
state
35
in
any
depository
designated
by
the
treasurer
of
state,
ninety
1
percent
of
all
fees,
commissions,
and
moneys
collected
or
2
received.
The
balance
actually
collected
in
cash,
remaining
3
in
the
hands
of
any
officer,
board,
or
department
shall
not
4
exceed
the
sum
of
five
thousand
dollars
and
money
collected
5
shall
not
be
held
more
than
thirty
days.
This
section
does
not
6
apply
to
the
state
fair
board,
the
state
board
of
regents,
the
7
utilities
board
of
the
department
of
commerce
,
the
director
of
8
the
department
of
human
services,
the
Iowa
finance
authority
or
9
to
the
funds
received
by
the
state
racing
and
gaming
commission
10
under
sections
99D.7
and
99D.14
.
11
Sec.
2664.
Section
15H.6,
subsection
1,
Code
2023,
is
12
amended
to
read
as
follows:
13
1.
The
commission,
in
collaboration
with
the
department
of
14
natural
resources,
the
department
of
workforce
development,
15
and
the
utilities
board
of
the
department
of
commerce
,
shall
16
establish
an
Iowa
green
corps
program.
The
commission
shall
17
work
with
the
collaborating
agencies
and
nonprofit
agencies
18
in
developing
a
strategy
for
attracting
additional
financial
19
resources
for
the
program
from
other
sources
which
may
include
20
but
are
not
limited
to
utilities,
private
sector,
and
local,
21
state,
and
federal
government
funding
sources.
The
financial
22
resources
received
shall
be
credited
to
the
community
programs
23
account
created
pursuant
to
section
15H.5
.
24
Sec.
2665.
Section
22.7,
subsection
71,
Code
2023,
is
25
amended
to
read
as
follows:
26
71.
Information
and
records
related
to
cyber
security
27
information
or
critical
infrastructure,
the
disclosure
of
which
28
may
expose
or
create
vulnerability
to
critical
infrastructure
29
systems,
held
by
the
utilities
board
of
the
department
of
30
commerce
or
the
department
of
homeland
security
and
emergency
31
management
for
purposes
relating
to
the
safeguarding
of
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telecommunications,
electric,
water,
sanitary
sewage,
storm
33
water
drainage,
energy,
hazardous
liquid,
natural
gas,
or
34
other
critical
infrastructure
systems.
For
purposes
of
this
35
subsection,
“cyber
security
information”
includes
but
is
not
1
limited
to
information
relating
to
cyber
security
defenses,
2
threats,
attacks,
or
general
attempts
to
attack
cyber
system
3
operations.
4
Sec.
2666.
Section
313.4,
subsection
4,
paragraph
b,
Code
5
2023,
is
amended
to
read
as
follows:
6
b.
The
costs
of
serving
freeway
lighting
for
each
utility
7
providing
the
service
shall
be
determined
by
the
utilities
8
division
of
the
department
of
commerce
board
,
and
rates
for
9
such
service
shall
be
no
higher
than
necessary
to
recover
these
10
costs.
Funds
received
under
the
provisions
of
this
subsection
11
shall
be
used
solely
for
the
operation
and
maintenance
of
a
12
freeway
lighting
system.
13
Sec.
2667.
Section
320.4,
subsection
1,
Code
2023,
is
14
amended
to
read
as
follows:
15
1.
To
lay
gas
mains
in
highways
outside
cities
to
local
16
municipal
distributing
plants
or
companies,
but
not
to
pipeline
17
companies.
This
section
shall
not
apply
to
or
include
pipeline
18
companies
required
to
obtain
a
license
from
the
utilities
19
division
of
the
department
of
commerce
board
.
20
Sec.
2668.
Section
357A.19,
Code
2023,
is
amended
to
read
21
as
follows:
22
357A.19
Not
exempt
from
other
requirements.
23
This
chapter
does
not
exempt
any
district
from
the
24
requirements
of
any
other
statute,
whether
enacted
prior
to
25
or
subsequent
to
July
1,
1970,
under
which
the
district
is
26
required
to
obtain
the
permission
or
approval
of,
or
to
notify,
27
the
department,
the
utilities
division
of
the
department
28
of
commerce
board
,
or
any
other
agency
of
this
state
or
of
29
any
of
its
political
subdivisions
prior
to
proceeding
with
30
construction,
acquisition,
operation,
enlargement,
extension,
31
or
alteration
of
any
works
or
facilities
which
the
district
is
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authorized
to
undertake
pursuant
to
this
chapter
.
33
Sec.
2669.
Section
364.3,
subsection
13,
paragraph
b,
34
subparagraph
(2),
Code
2023,
is
amended
to
read
as
follows:
35
(2)
Paragraph
“a”
does
not
apply
to
an
ordinance,
motion,
1
resolution,
or
amendment
relating
to
the
rates,
services,
or
2
governance
of
a
public
utility
providing
gas
service
to
the
3
public
for
compensation
and
subject
to
the
jurisdiction
of
4
the
utilities
board
of
the
department
of
commerce
pursuant
to
5
section
476.1B
.
6
Sec.
2670.
Section
364.23,
Code
2023,
is
amended
to
read
as
7
follows:
8
364.23
Energy-efficient
lighting
required.
9
All
city-owned
exterior
flood
lighting,
including
but
not
10
limited
to
street
and
security
lighting
but
not
including
era
11
or
period
lighting
which
has
a
minimum
efficiency
rating
of
12
fifty-eight
lumens
per
watt
and
not
including
stadium
or
ball
13
park
lighting,
shall
be
replaced,
when
worn-out,
exclusively
14
with
high
pressure
sodium
lighting
or
lighting
with
equivalent
15
or
better
energy
efficiency
as
approved
in
rules
adopted
by
the
16
utilities
board
within
the
utilities
division
of
the
department
17
of
commerce
.
In
lieu
of
the
requirements
established
for
18
replacement
lighting
under
this
section
,
stadium
or
ball
park
19
lighting
shall
be
replaced,
when
worn-out,
with
the
most
20
energy-efficient
lighting
available
at
the
time
of
replacement
21
which
may
include
metal
halide,
high-pressure
sodium,
or
other
22
light
sources
which
may
be
developed.
23
Sec.
2671.
Section
384.84,
subsection
3,
paragraph
a,
Code
24
2023,
is
amended
to
read
as
follows:
25
a.
A
city
utility
or
enterprise
service
to
a
property
or
26
premises,
including
services
of
sewer
systems,
storm
water
27
drainage
systems,
sewage
treatment,
solid
waste
collection,
28
water,
solid
waste
disposal,
or
any
of
these
services,
may
be
29
discontinued
or
disconnected
if
the
account
for
the
service
30
becomes
delinquent.
Gas
or
electric
service
provided
by
a
city
31
utility
or
enterprise
shall
be
discontinued
or
disconnected
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only
as
provided
by
section
476.20,
subsections
1
through
33
4,
and
discontinuance
or
disconnection
of
those
services
34
is
subject
to
rules
adopted
by
the
utilities
board
of
the
35
department
of
commerce
.
1
Sec.
2672.
Section
422.93,
Code
2023,
is
amended
to
read
as
2
follows:
3
422.93
Public
utility
accounting
method.
4
Nothing
in
this
chapter
shall
be
construed
to
require
the
5
utilities
board
of
the
department
of
commerce
to
allow
or
6
require
the
use
of
any
particular
method
of
accounting
by
7
any
public
utility
to
compute
its
tax
expense,
depreciation
8
expense,
or
operating
expense
for
purposes
of
establishing
its
9
cost
of
service
for
rate-making
purposes
and
for
reflecting
10
operating
results
in
its
regulated
books
of
account.
11
Sec.
2673.
Section
474.1,
Code
2023,
is
amended
to
read
as
12
follows:
13
474.1
Creation
of
division
and
board
——
organization.
14
1.
A
utilities
division
board
is
created
within
the
15
department
of
commerce
.
The
policymaking
body
for
the
division
16
is
the
utilities
board
which
is
created
within
the
division.
17
The
board
is
composed
shall
consist
of
three
members
appointed
18
by
the
governor
and
subject
to
confirmation
by
the
senate,
not
19
more
than
two
of
whom
shall
be
from
the
same
political
party.
20
Each
member
appointed
shall
serve
for
six-year
staggered
terms
21
beginning
and
ending
as
provided
by
section
69.19
.
Vacancies
22
shall
be
filled
for
the
unexpired
portion
of
the
term
in
the
23
same
manner
as
full-term
appointments
are
made.
24
2.
a.
Subject
to
confirmation
by
the
senate,
the
governor
25
shall
appoint
a
member
as
the
chairperson
of
the
board.
The
26
chairperson
shall
be
the
administrator
of
the
utilities
27
division
board
.
The
appointment
as
chairperson
shall
be
for
28
a
two-year
term
which
begins
and
ends
as
provided
in
section
29
69.19
.
30
b.
The
board
shall
appoint
a
chief
operating
officer
to
31
manage
the
operations
of
the
utilities
division
as
directed
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by
the
board.
The
board
shall
set
the
salary
of
the
chief
33
operating
officer
within
the
limits
of
the
pay
plan
for
exempt
34
positions
provided
for
in
section
8A.413,
subsection
3
,
unless
35
otherwise
provided
by
the
general
assembly.
The
board
may
1
employ
additional
personnel
as
it
finds
necessary.
2
3.
The
utilities
board
shall
regulate
and
supervise
public
3
utilities
operating
in
the
state.
The
board
shall
enforce
and
4
implement
chapters
476,
476A,
477C,
478,
479,
479A,
and
479B
5
and
shall
perform
other
duties
assigned
to
it
by
law.
6
3.
4.
As
used
in
this
chapter
and
chapters
475A
,
476
,
7
476A
,
477C,
478
,
479
,
479A
,
and
479B
,
“division”
“board”
and
8
“utilities
division”
“utilities
board”
mean
the
Iowa
utilities
9
division
of
the
department
of
commerce
board
.
10
Sec.
2674.
Section
476.1,
subsection
1,
Code
2023,
is
11
amended
to
read
as
follows:
12
1.
The
utilities
board
within
the
utilities
division
of
the
13
department
of
commerce
shall
regulate
the
rates
and
services
of
14
public
utilities
to
the
extent
and
in
the
manner
hereinafter
15
provided.
16
Sec.
2675.
Section
476.1,
subsection
2,
Code
2023,
is
17
amended
by
striking
the
subsection.
18
Sec.
2676.
Section
476.1A,
subsection
1,
paragraph
a,
Code
19
2023,
is
amended
to
read
as
follows:
20
a.
Assessment
of
fees
for
the
support
of
the
division
21
board
and
the
office
of
consumer
advocate,
pursuant
to
section
22
476.10
.
23
Sec.
2677.
Section
476.1B,
subsection
1,
paragraph
a,
Code
24
2023,
is
amended
to
read
as
follows:
25
a.
Assessment
of
fees
for
the
support
of
the
division
board
26
and
the
office
of
consumer
advocate,
as
set
forth
in
section
27
476.10
.
28
Sec.
2678.
Section
476.3,
subsection
2,
Code
2023,
is
29
amended
to
read
as
follows:
30
2.
If,
as
a
result
of
a
review
procedure
conducted
under
31
section
476.31
,
a
review
conducted
under
section
476.32
,
a
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special
audit,
an
investigation
by
division
board
staff,
or
33
an
investigation
by
the
consumer
advocate,
a
petition
is
34
filed
with
the
board
by
the
consumer
advocate,
alleging
that
35
a
utility’s
rates
are
excessive,
the
disputed
amount
shall
be
1
specified
in
the
petition.
The
public
utility
shall,
within
2
the
time
prescribed
by
the
board,
file
a
bond
or
undertaking
3
approved
by
the
board
conditioned
upon
the
refund
in
a
manner
4
prescribed
by
the
board
of
amounts
collected
after
the
date
of
5
filing
of
the
petition
in
excess
of
rates
or
charges
finally
6
determined
by
the
board
to
be
lawful.
If
upon
hearing
the
7
board
finds
that
the
utility’s
rates
are
unlawful,
the
board
8
shall
order
a
refund,
with
interest,
of
amounts
collected
9
after
the
date
of
filing
of
the
petition
that
are
determined
10
to
be
in
excess
of
the
amounts
which
would
have
been
collected
11
under
the
rates
finally
approved.
However,
the
board
shall
12
not
order
a
refund
that
is
greater
than
the
amount
specified
13
in
the
petition,
plus
interest,
and
if
the
board
fails
to
14
render
a
decision
within
ten
months
following
the
date
of
15
filing
of
the
petition,
the
board
shall
not
order
a
refund
of
16
any
excess
amounts
that
are
collected
after
the
expiration
of
17
that
ten-month
period
and
prior
to
the
date
the
decision
is
18
rendered.
19
Sec.
2679.
Section
476.10,
Code
2023,
is
amended
to
read
as
20
follows:
21
476.10
Investigations
——
expense
——
appropriation.
22
1.
a.
In
order
to
carry
out
the
duties
imposed
upon
23
it
by
law,
the
board
may,
at
its
discretion,
allocate
and
24
charge
directly
the
expenses
attributable
to
its
duties
to
25
the
person
bringing
a
proceeding
before
the
board,
to
persons
26
participating
in
matters
before
the
board,
or
to
persons
27
subject
to
inspection
by
the
board.
The
board
shall
ascertain
28
the
certified
expenses
incurred
and
directly
chargeable
by
29
the
consumer
advocate
division
of
the
department
of
justice
30
in
the
performance
of
its
duties.
The
board
and
the
consumer
31
advocate
separately
may
decide
not
to
charge
expenses
to
32
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662
persons
who,
without
expanding
the
scope
of
the
proceeding
33
or
matter,
intervene
in
good
faith
in
a
board
proceeding
34
initiated
by
a
person
subject
to
the
board’s
jurisdiction,
35
the
consumer
advocate,
or
the
board
on
its
own
motion.
For
1
assessments
in
any
proceedings
or
matters
before
the
board,
the
2
board
and
the
consumer
advocate
separately
may
consider
the
3
financial
resources
of
the
person,
the
impact
of
assessment
on
4
participation
by
intervenors,
the
nature
of
the
proceeding
or
5
matter,
and
the
contribution
of
a
person’s
participation
to
the
6
public
interest.
The
board
may
present
a
bill
for
expenses
7
under
this
subsection
to
the
person,
either
at
the
conclusion
8
of
a
proceeding
or
matter,
or
from
time
to
time
during
its
9
progress.
Presentation
of
a
bill
for
expenses
under
this
10
subsection
constitutes
notice
of
direct
assessment
and
request
11
for
payment
in
accordance
with
this
section
.
12
b.
The
board
shall
ascertain
the
total
of
the
division’s
13
board’s
expenses
incurred
during
each
fiscal
year
in
the
14
performance
of
its
duties
under
law.
The
board
shall
add
to
15
the
total
of
the
division’s
board’s
expenses
the
certified
16
expenses
of
the
consumer
advocate
as
provided
under
section
17
475A.6
.
The
board
shall
deduct
all
amounts
charged
directly
18
to
any
person
from
the
total
expenses
of
the
board
and
the
19
consumer
advocate.
The
board
may
assess
the
amount
remaining
20
after
the
deduction
to
all
persons
providing
service
over
which
21
the
board
has
jurisdiction
in
proportion
to
the
respective
22
gross
operating
revenues
of
such
persons
from
intrastate
23
operations
during
the
last
calendar
year
over
which
the
board
24
has
jurisdiction.
For
purposes
of
determining
gross
operating
25
revenues
under
this
section
,
the
board
shall
not
include
gross
26
receipts
received
by
a
cooperative
corporation
or
association
27
for
wholesale
transactions
with
members
of
the
cooperative
28
corporation
or
association,
provided
that
the
members
are
29
subject
to
assessment
by
the
board
based
upon
the
members’
30
gross
operating
revenues,
or
provided
that
such
a
member
is
31
an
association
whose
members
are
subject
to
assessment
by
the
32
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662
board
based
upon
the
members’
gross
operating
revenues.
If
33
any
portion
of
the
remainder
can
be
identified
with
a
specific
34
type
of
utility
service,
the
board
shall
assess
those
expenses
35
only
to
the
entities
providing
that
type
of
service
over
which
1
the
board
has
jurisdiction.
The
board
may
make
the
remainder
2
assessments
under
this
paragraph
to
some
or
all
persons
3
providing
service
over
which
the
board
has
jurisdiction,
based
4
upon
estimates
of
the
expenditures
for
the
fiscal
year
for
5
the
utilities
division
board
and
the
consumer
advocate.
Not
6
more
than
ninety
days
following
the
close
of
the
fiscal
year,
7
the
utilities
division
board
shall
conform
the
amount
of
the
8
prior
fiscal
year’s
assessments
to
the
requirements
of
this
9
paragraph.
For
gas
and
electric
public
utilities
exempted
from
10
rate
regulation
pursuant
to
this
chapter
,
and
for
providers
11
of
telecommunications
service
required
to
register
with
the
12
board
pursuant
to
section
476.95A
that
are
exempted
from
rate
13
regulation
pursuant
to
this
chapter
,
the
remainder
assessments
14
under
this
paragraph
shall
be
computed
at
one-half
the
rate
15
used
in
computing
the
assessment
for
other
persons.
16
2.
a.
A
person
subject
to
a
charge
or
assessment
shall
17
pay
the
division
board
the
amount
charged
or
assessed
against
18
the
person
within
thirty
days
from
the
time
the
division
board
19
provides
notice
to
the
person
of
the
amount
due,
unless
the
20
person
files
an
objection
in
writing
with
the
board
setting
out
21
the
grounds
upon
which
the
person
claims
that
such
charge
or
22
assessment
is
excessive,
unreasonable,
erroneous,
unlawful,
or
23
invalid.
Upon
receipt
of
an
objection,
the
board
shall
set
the
24
matter
for
hearing
and
issue
its
order
in
accordance
with
its
25
findings
in
the
proceeding.
26
b.
The
order
shall
be
subject
to
review
in
the
manner
27
provided
in
this
chapter
.
All
amounts
collected
by
the
28
division
board
pursuant
to
the
provisions
of
this
section
29
shall
be
deposited
with
the
treasurer
of
state
and
credited
to
30
the
department
of
commerce
revolving
fund
created
in
section
31
546.12
.
Such
amounts
shall
be
spent
in
accordance
with
the
32
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662
provisions
of
chapter
8
.
33
3.
Whenever
the
board
shall
deem
it
necessary
in
order
34
to
carry
out
the
duties
imposed
upon
it
in
connection
with
35
rate
regulation
under
section
476.6
,
investigations
under
1
section
476.3
,
or
review
proceedings
under
section
476.31
,
2
the
board
may
employ
additional
temporary
or
permanent
staff,
3
or
may
contract
with
persons
who
are
not
state
employees
for
4
engineering,
accounting,
or
other
professional
services,
or
5
both.
The
costs
of
these
additional
employees
and
contract
6
services
shall
be
paid
by
the
public
utility
whose
rates
7
are
being
reviewed
in
the
same
manner
as
other
expenses
are
8
paid
under
this
section
.
Beginning
on
July
1,
1991,
there
9
is
appropriated
out
of
any
funds
in
the
state
treasury
not
10
otherwise
appropriated,
such
sums
as
may
be
necessary
to
enable
11
the
board
to
hire
additional
staff
and
contract
for
services
12
under
this
section
.
The
board
shall
increase
quarterly
13
assessments
specified
in
subsection
1
,
paragraph
“b”
,
by
14
amounts
necessary
to
enable
the
board
to
hire
additional
staff
15
and
contract
for
services
under
this
section
.
The
authority
to
16
hire
additional
temporary
or
permanent
staff
that
is
granted
to
17
the
board
by
this
section
shall
not
be
subject
to
limitation
18
by
any
administrative
or
executive
order
or
decision
that
19
restricts
the
number
of
state
employees
or
the
filling
of
20
employee
vacancies,
and
shall
not
be
subject
to
limitation
21
by
any
law
of
this
state
that
restricts
the
number
of
state
22
employees
or
the
filling
of
employee
vacancies
unless
that
23
law
is
made
applicable
to
this
section
by
express
reference
24
to
this
section
.
Before
the
board
expends
or
encumbers
an
25
amount
in
excess
of
the
funds
budgeted
for
rate
regulation
and
26
before
the
board
increases
quarterly
assessments
pursuant
to
27
this
subsection
,
the
director
of
the
department
of
management
28
shall
approve
the
expenditure
or
encumbrance.
Before
approval
29
is
given,
the
director
of
the
department
of
management
shall
30
determine
that
the
expenses
exceed
the
funds
budgeted
by
the
31
general
assembly
to
the
board
for
rate
regulation
and
that
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662
the
board
does
not
have
other
funds
from
which
the
expenses
33
can
be
paid.
Upon
approval
of
the
director
of
the
department
34
of
management
the
board
may
expend
and
encumber
funds
for
35
the
excess
expenses,
and
increase
quarterly
assessments
to
1
raise
the
additional
funds.
The
board
and
the
office
of
2
consumer
advocate
may
add
additional
personnel
or
contract
3
for
additional
assistance
to
review
and
evaluate
energy
4
efficiency
plans
and
the
implementation
of
energy
efficiency
5
programs
including,
but
not
limited
to,
professionally
trained
6
engineers,
accountants,
attorneys,
skilled
examiners
and
7
inspectors,
and
secretaries
and
clerks.
The
board
and
the
8
office
of
consumer
advocate
may
also
contract
for
additional
9
assistance
in
the
evaluation
and
implementation
of
issues
10
relating
to
telecommunication
competition.
The
board
and
the
11
office
of
the
consumer
advocate
may
expend
additional
sums
12
beyond
those
sums
appropriated.
However,
the
authority
to
add
13
additional
personnel
or
contract
for
additional
assistance
14
must
first
be
approved
by
the
department
of
management.
The
15
additional
sums
for
energy
efficiency
shall
be
provided
to
the
16
board
and
the
office
of
the
consumer
advocate
by
the
utilities
17
subject
to
the
energy
efficiency
requirements
in
this
chapter
.
18
Telephone
companies
shall
pay
any
additional
sums
needed
for
19
assistance
with
telecommunication
competition
issues.
The
20
assessments
shall
be
in
addition
to
and
separate
from
the
21
quarterly
assessment.
22
4.
a.
Fees
paid
to
the
utilities
division
board
shall
be
23
deposited
in
the
department
of
commerce
revolving
fund
created
24
in
section
546.12
.
These
funds
shall
be
used
for
the
payment,
25
upon
appropriation
by
the
general
assembly,
of
the
expenses
of
26
the
utilities
division
board
and
the
consumer
advocate
division
27
of
the
department
of
justice.
28
b.
The
administrator
and
consumer
advocate
shall
account
29
for
receipts
and
disbursements
according
to
the
separate
duties
30
imposed
upon
the
utilities
board
and
the
consumer
advocate
31
divisions
division
by
the
laws
of
this
state
and
each
separate
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662
duty
shall
be
fiscally
self-sustaining.
33
c.
All
fees
and
other
moneys
collected
under
this
section
34
and
sections
478.4
,
479.16
,
and
479A.9
shall
be
deposited
into
35
the
department
of
commerce
revolving
fund
created
in
section
1
546.12
and
expenses
required
to
be
paid
under
this
section
2
shall
be
paid
from
funds
appropriated
for
those
purposes.
3
Sec.
2680.
Section
476.48,
subsections
2
and
6,
Code
2023,
4
are
amended
to
read
as
follows:
5
2.
Program
established.
6
a.
The
utilities
division
board
shall
establish
and
7
administer
a
small
wind
innovation
zone
program
to
optimize
8
local,
regional,
and
state
benefits
from
wind
energy
and
9
to
facilitate
and
expedite
interconnection
of
small
wind
10
energy
systems
with
electric
utilities
throughout
this
state.
11
Pursuant
to
the
program,
the
owner
of
a
small
wind
energy
12
system
located
within
a
small
wind
innovation
zone
desiring
13
to
interconnect
with
an
electric
utility
shall
benefit
14
from
a
streamlined
application
process,
may
utilize
a
model
15
interconnection
agreement,
and
can
qualify
under
a
model
16
ordinance.
17
b.
A
political
subdivision
seeking
to
be
designated
a
small
18
wind
innovation
zone
shall
apply
to
the
division
board
upon
a
19
form
developed
by
the
division
board
.
The
division
board
shall
20
approve
an
application
which
documents
that
the
applicable
21
local
government
has
adopted
the
model
ordinance
or
is
in
the
22
process
of
amending
an
existing
zoning
ordinance
to
comply
with
23
the
model
ordinance
and
that
an
electric
utility
operating
24
within
the
political
subdivision
has
agreed
to
utilize
the
25
model
interconnection
agreement
to
contract
with
the
small
wind
26
energy
system
owners
who
agree
to
its
terms.
27
6.
Reporting
requirements.
The
division
board
shall
prepare
28
a
report
summarizing
the
number
of
applications
received
from
29
political
subdivisions
seeking
to
be
designated
a
small
wind
30
innovation
zone,
the
number
of
applications
granted,
the
number
31
of
small
wind
energy
systems
generating
electricity
within
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662
each
small
wind
innovation
zone,
and
the
amount
of
wind
energy
33
produced,
and
shall
submit
the
report
to
the
members
of
the
34
general
assembly
by
January
1
annually.
35
Sec.
2681.
Section
476.51,
subsection
5,
Code
2023,
is
1
amended
to
read
as
follows:
2
5.
Civil
penalties
collected
pursuant
to
this
section
from
3
utilities
providing
water,
electric,
or
gas
service
shall
4
be
forwarded
by
the
chief
operating
officer
of
the
board
to
5
the
treasurer
of
state
to
be
credited
to
the
general
fund
6
of
the
state
and
to
be
used
only
for
the
low
income
home
7
energy
assistance
program
and
the
weatherization
assistance
8
program
administered
by
the
division
of
community
action
9
agencies
of
the
department
of
human
rights.
Civil
penalties
10
collected
pursuant
to
this
section
from
utilities
providing
11
telecommunications
service
shall
be
forwarded
to
the
treasurer
12
of
state
to
be
credited
to
the
department
of
commerce
revolving
13
fund
created
in
section
546.12
to
be
used
only
for
consumer
14
education
programs
administered
by
the
board.
Penalties
paid
15
by
a
rate-regulated
public
utility
pursuant
to
this
section
16
shall
be
excluded
from
the
utility’s
costs
when
determining
17
the
utility’s
revenue
requirement,
and
shall
not
be
included
18
either
directly
or
indirectly
in
the
utility’s
rates
or
charges
19
to
customers.
20
Sec.
2682.
Section
476.63,
Code
2023,
is
amended
to
read
as
21
follows:
22
476.63
Energy
efficiency
programs.
23
The
division
board
shall
consult
with
the
economic
24
development
authority
in
the
development
and
implementation
of
25
public
utility
energy
efficiency
programs.
26
Sec.
2683.
Section
476.87,
subsection
3,
Code
2023,
is
27
amended
to
read
as
follows:
28
3.
The
board
shall
allocate
the
costs
and
expenses
29
reasonably
attributable
to
certification
and
dispute
resolution
30
in
this
section
to
persons
identified
as
parties
to
such
31
proceeding
who
are
engaged
in
or
who
seek
to
engage
in
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662
providing
natural
gas
services
or
other
persons
identified
as
33
participants
in
such
proceeding.
The
funds
received
for
the
34
costs
and
the
expenses
of
certification
and
dispute
resolution
35
shall
be
remitted
to
the
treasurer
of
state
for
deposit
in
the
1
department
of
commerce
revolving
fund
created
in
section
546.12
2
as
provided
in
section
476.10
.
3
Sec.
2684.
Section
476.95B,
subsection
2,
Code
2023,
is
4
amended
to
read
as
follows:
5
2.
In
proceedings
under
47
U.S.C.
§251
–
254,
the
board
6
shall
allocate
the
costs
and
expenses
of
the
proceedings
to
7
persons
identified
as
parties
in
the
proceeding
who
are
engaged
8
in
or
who
seek
to
engage
in
providing
telecommunications
9
service
or
other
persons
identified
as
participants
in
the
10
proceeding.
The
funds
received
for
the
costs
and
the
expenses
11
shall
be
remitted
to
the
treasurer
of
state
for
deposit
in
the
12
department
of
commerce
revolving
fund
created
in
section
546.12
13
as
provided
in
section
476.10
.
14
Sec.
2685.
Section
476.103,
subsection
4,
paragraph
c,
Code
15
2023,
is
amended
to
read
as
follows:
16
c.
A
civil
penalty
collected
pursuant
to
this
subsection
17
shall
be
forwarded
by
the
chief
operating
officer
of
the
board
18
to
the
treasurer
of
state
to
be
credited
to
the
department
of
19
commerce
revolving
fund
created
in
section
546.12
and
to
be
20
used
only
for
consumer
education
programs
administered
by
the
21
board.
22
Sec.
2686.
Section
476A.1,
subsection
2,
Code
2023,
is
23
amended
to
read
as
follows:
24
2.
“Board”
means
the
utilities
board
within
the
utilities
25
division
of
the
department
of
commerce
.
26
Sec.
2687.
Section
476A.10,
Code
2023,
is
amended
to
read
27
as
follows:
28
476A.10
Costs
of
proceeding.
29
The
applicant
for
a
certificate,
or
an
amendment
to
30
certificate,
shall
pay
all
the
costs
and
expenses
incurred
by
31
the
division
board
in
reaching
a
decision
on
the
application
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including
the
costs
of
examinations
of
the
site,
the
hearing,
33
publishing
of
notice,
division
board
staff
salaries,
the
cost
34
of
consultants
employed
by
the
division
board
,
and
other
35
expenses
reasonably
attributable
to
the
proceeding.
1
Sec.
2688.
Section
476A.14,
subsection
1,
Code
2023,
is
2
amended
to
read
as
follows:
3
1.
Any
person
who
commences
to
construct
a
facility
as
4
provided
in
this
subchapter
without
having
first
obtained
a
5
certificate,
or
who
constructs,
operates,
or
maintains
any
6
facility
other
than
in
compliance
with
a
certificate
issued
by
7
the
board
or
a
certificate
amended
pursuant
to
this
subchapter
,
8
or
who
causes
any
of
these
acts
to
occur,
shall
be
liable
9
for
a
civil
penalty
of
not
more
than
ten
thousand
dollars
10
for
each
violation
or
for
each
day
of
continuing
violation.
11
Civil
penalties
collected
pursuant
to
this
subsection
shall
be
12
forwarded
by
the
clerk
of
court
to
the
treasurer
of
state
for
13
deposit
in
the
department
of
commerce
revolving
fund
created
14
in
section
546.12
.
15
Sec.
2689.
Section
476B.1,
subsection
1,
Code
2023,
is
16
amended
to
read
as
follows:
17
1.
“Board”
means
the
utilities
board
within
the
utilities
18
division
of
the
department
of
commerce
.
19
Sec.
2690.
Section
476C.1,
subsection
4,
Code
2023,
is
20
amended
to
read
as
follows:
21
4.
“Board”
means
the
utilities
board
within
the
utilities
22
division
of
the
department
of
commerce
.
23
Sec.
2691.
Section
477A.1,
subsection
1,
Code
2023,
is
24
amended
to
read
as
follows:
25
1.
“Board”
means
the
utilities
board
within
the
utilities
26
division
of
the
department
of
commerce
.
27
Sec.
2692.
Section
477C.2,
subsection
1,
Code
2023,
is
28
amended
to
read
as
follows:
29
1.
“Board”
means
the
utilities
board
within
the
department
30
of
commerce
created
in
section
474.1
.
31
Sec.
2693.
Section
478.1,
subsection
1,
Code
2023,
is
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amended
to
read
as
follows:
33
1.
A
person
shall
not
construct,
erect,
maintain,
or
34
operate
a
transmission
line,
wire,
or
cable
that
is
capable
35
of
operating
at
an
electric
voltage
of
sixty-nine
kilovolts
1
or
more
along,
over,
or
across
any
public
highway
or
grounds
2
outside
of
cities
for
the
transmission,
distribution,
or
sale
3
of
electric
current
without
first
procuring
from
the
utilities
4
board
within
the
utilities
division
of
the
department
of
5
commerce
a
franchise
granting
authority
as
provided
in
this
6
chapter
.
7
Sec.
2694.
Section
478.4,
Code
2023,
is
amended
to
read
as
8
follows:
9
478.4
Franchise
——
hearing.
10
The
utilities
board
shall
consider
the
petition
and
any
11
objections
filed
to
it
in
the
manner
provided.
It
shall
12
examine
the
proposed
route
or
cause
any
engineer
selected
13
by
it
to
do
so.
If
a
hearing
is
held
on
the
petition
it
may
14
hear
testimony
as
may
aid
it
in
determining
the
propriety
of
15
granting
the
franchise.
It
may
grant
the
franchise
in
whole
or
16
in
part
upon
the
terms,
conditions,
and
restrictions,
and
with
17
the
modifications
as
to
location
and
route
as
may
seem
to
it
18
just
and
proper.
Before
granting
the
franchise,
the
utilities
19
board
shall
make
a
finding
that
the
proposed
line
or
lines
are
20
necessary
to
serve
a
public
use
and
represents
a
reasonable
21
relationship
to
an
overall
plan
of
transmitting
electricity
in
22
the
public
interest.
A
franchise
shall
not
become
effective
23
until
the
petitioners
shall
pay,
or
file
an
agreement
to
pay,
24
all
costs
and
expenses
of
the
franchise
proceeding,
whether
25
or
not
objections
are
filed,
including
costs
of
inspections
26
or
examinations
of
the
route,
hearing,
salaries,
publishing
27
of
notice,
and
any
other
expenses
reasonably
attributable
to
28
it.
The
funds
received
for
the
costs
and
the
expenses
of
the
29
franchise
proceeding
shall
be
remitted
to
the
treasurer
of
30
state
for
deposit
in
the
department
of
commerce
revolving
fund
31
created
in
section
546.12
as
provided
in
section
476.10
.
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Sec.
2695.
Section
478A.7,
subsection
4,
Code
2023,
is
33
amended
to
read
as
follows:
34
4.
Notwithstanding
subsection
1
,
commencing
January
1,
35
1990,
a
person
may
sell
or
offer
for
sale
in
this
state
a
1
decorative
gas
lamp
manufactured
after
December
31,
1978,
2
if
the
utilities
board
within
the
utilities
division
of
3
the
department
of
commerce
determines,
after
notice
and
an
4
opportunity
for
interested
persons
to
comment
at
an
oral
5
presentation,
that
the
sale
or
offer
for
sale
of
decorative
gas
6
lamps
does
not
violate
the
public
interest.
7
Sec.
2696.
Section
479.2,
subsection
1,
Code
2023,
is
8
amended
to
read
as
follows:
9
1.
“Board”
means
the
utilities
board
within
the
utilities
10
division
of
the
department
of
commerce
.
11
Sec.
2697.
Section
479.16,
Code
2023,
is
amended
to
read
as
12
follows:
13
479.16
Receipt
of
funds.
14
All
moneys
received
under
this
chapter
shall
be
remitted
15
monthly
to
the
treasurer
of
state
and
credited
to
the
16
department
of
commerce
revolving
fund
created
in
section
546.12
17
as
provided
in
section
476.10
.
18
Sec.
2698.
Section
479A.2,
subsection
1,
Code
2023,
is
19
amended
to
read
as
follows:
20
1.
“Board”
means
the
utilities
board
within
the
utilities
21
division
of
the
department
of
commerce
.
22
Sec.
2699.
Section
479A.9,
Code
2023,
is
amended
to
read
as
23
follows:
24
479A.9
Deposit
of
funds.
25
Moneys
received
under
this
chapter
shall
be
credited
to
the
26
department
of
commerce
revolving
fund
created
in
section
546.12
27
as
provided
in
section
476.10
.
28
Sec.
2700.
Section
479B.2,
subsection
1,
Code
2023,
is
29
amended
to
read
as
follows:
30
1.
“Board”
means
the
utilities
board
within
the
utilities
31
division
of
the
department
of
commerce
.
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Sec.
2701.
Section
479B.2,
subsection
6,
Code
2023,
is
33
amended
by
striking
the
subsection.
34
Sec.
2702.
Section
479B.12,
Code
2023,
is
amended
to
read
35
as
follows:
1
479B.12
Use
of
funds.
2
All
moneys
received
under
this
chapter
,
other
than
civil
3
penalties
collected
pursuant
to
section
479B.21
,
shall
be
4
remitted
monthly
to
the
treasurer
of
state
and
credited
to
5
the
department
of
commerce
revolving
fund
created
in
section
6
546.12
.
7
Sec.
2703.
Section
657.1,
subsection
2,
Code
2023,
is
8
amended
to
read
as
follows:
9
2.
Notwithstanding
subsection
1
,
in
an
action
to
abate
10
a
nuisance
against
an
electric
utility,
an
electric
utility
11
may
assert
a
defense
of
comparative
fault
as
set
out
in
12
section
668.3
if
the
electric
utility
demonstrates
that
in
13
the
course
of
providing
electric
services
to
its
customers
it
14
has
complied
with
engineering
and
safety
standards
as
adopted
15
by
the
utilities
board
of
the
department
of
commerce
,
and
if
16
the
electric
utility
has
secured
all
permits
and
approvals,
17
as
required
by
state
law
and
local
ordinances,
necessary
to
18
perform
activities
alleged
to
constitute
a
nuisance.
19
Sec.
2704.
Section
714D.2,
subsection
9,
Code
2023,
is
20
amended
to
read
as
follows:
21
9.
“Unfair
practice”
means
the
same
as
defined
in
section
22
714.16,
subsection
1
,
and
also
means
any
failure
of
a
23
person
to
comply
with
the
Telecommunications
Act
or
with
any
24
statute
or
rule
enforced
by
the
utilities
board
within
the
25
utilities
division
of
the
department
of
commerce
relating
to
a
26
telecommunications
service
selection
or
change.
27
Sec.
2705.
Section
714D.6,
subsection
2,
Code
2023,
is
28
amended
to
read
as
follows:
29
2.
A
cause
of
action
under
this
section
shall
not
apply
30
unless,
prior
to
filing
the
action,
the
consumer
has
submitted
31
a
complaint
to
the
utilities
board
within
the
utilities
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division
of
the
department
of
commerce
,
the
utilities
board
has
33
failed
to
resolve
the
complaint
to
the
consumer’s
satisfaction
34
within
one
hundred
twenty
days
of
the
date
the
complaint
was
35
submitted,
and
the
consumer
dismisses
the
complaint
before
the
1
utilities
board.
The
requirement
that
a
consumer
complaint
be
2
submitted
to
the
utilities
board
and
resolved
by
the
utilities
3
board
to
the
consumer’s
satisfaction
within
one
hundred
twenty
4
days
of
filing
before
the
consumer
may
file
an
action
pursuant
5
to
this
section
shall
not
apply
to
an
action
by
the
attorney
6
general
to
recover
moneys
for
the
consumer
pursuant
to
section
7
714D.7
or
any
other
law.
A
finding
by
the
utilities
board
8
that
a
respondent
has
complied
with
rules
governing
carrier
9
selection
procedures
adopted
by
the
utilities
board
shall
be
10
an
affirmative
defense
to
any
claim
brought
under
this
section
11
or
section
476.103
or
714D.7
that
an
unauthorized
change
in
12
service
has
occurred.
13
Sec.
2706.
Section
714D.7,
subsection
4,
Code
2023,
is
14
amended
to
read
as
follows:
15
4.
The
attorney
general
shall
not
file
a
civil
enforcement
16
action
under
this
chapter
or
under
section
714.16
against
a
17
person
for
an
act
which
is
the
subject
of
an
administrative
18
proceeding
to
impose
a
civil
penalty
which
has
been
initiated
19
against
the
person
by
the
utilities
board
within
the
utilities
20
division
of
the
department
of
commerce
.
This
subsection
shall
21
not
be
construed
to
limit
the
authority
of
the
attorney
general
22
to
file
a
civil
enforcement
or
other
enforcement
action
against
23
a
person
for
violating
a
prior
agreement
entered
into
by
the
24
person
with
the
attorney
general
or
a
court
order
obtained
25
by
the
attorney
general
against
the
person.
This
subsection
26
shall
not
be
construed
to
limit
the
authority
of
the
attorney
27
general
to
file
a
civil
enforcement
or
other
enforcement
action
28
against
the
person
for
acts
which
are
not
the
subject
of
an
29
administrative
proceeding
which
has
been
initiated
against
the
30
person
by
the
utilities
board.
31
Sec.
2707.
REPEAL.
Section
546.7,
Code
2023,
is
repealed.
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DEPARTMENT
OF
INSURANCE
AND
FINANCIAL
SERVICES
33
Sec.
2708.
Section
7E.5,
subsection
1,
paragraph
f,
Code
34
2023,
is
amended
to
read
as
follows:
35
f.
The
department
of
commerce
insurance
and
financial
1
services
,
created
in
section
546.2
,
which
has
primary
2
responsibility
for
business
and
professional
regulatory,
3
service,
and
licensing
insurance
and
financial
services
4
functions.
5
Sec.
2709.
Section
7E.5,
subsection
2,
paragraph
a,
Code
6
2023,
is
amended
to
read
as
follows:
7
a.
There
is
a
civil
rights
commission,
a
public
employment
8
relations
board,
an
interstate
cooperation
commission,
an
Iowa
9
ethics
and
campaign
disclosure
board,
an
Iowa
utilities
board,
10
and
an
Iowa
law
enforcement
academy.
11
Sec.
2710.
Section
8A.412,
subsections
18
and
19,
Code
2023,
12
are
amended
to
read
as
follows:
13
18.
The
administrator
and
the
deputy
administrator
14
superintendent
and
deputy
superintendent
of
the
credit
union
15
division
of
the
department
of
commerce
insurance
and
financial
16
services
,
all
members
of
the
credit
union
review
board,
and
all
17
employees
of
the
credit
union
division.
18
19.
The
superintendent
of
the
banking
division
of
the
19
department
of
commerce
insurance
and
financial
services
,
all
20
members
of
the
state
banking
council,
and
all
employees
of
21
the
banking
division
except
for
employees
of
the
professional
22
licensing
and
regulation
bureau
of
the
division.
23
Sec.
2711.
Section
8A.438,
subsection
1,
Code
2023,
is
24
amended
to
read
as
follows:
25
1.
The
director
may
establish
a
tax-sheltered
investment
26
program
for
eligible
employees.
The
director
may
arrange
for
27
the
provision
of
investment
vehicles
authorized
under
section
28
403(b)
of
the
Internal
Revenue
Code,
as
defined
in
section
29
422.3
.
The
tax-sheltered
investment
program
shall
include
30
investment
vehicles
authorized
under
section
403(b)
of
the
31
Internal
Revenue
Code
provided
by
any
insurance
company
or
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investment
company
that
is
recommended
for
inclusion
in
the
33
program
by
a
person
licensed
as
an
insurance
producer
under
34
chapter
522B
,
or
registered
as
a
securities
agent
or
investment
35
adviser
representative
under
chapter
502
,
by
the
insurance
1
division
of
the
department
of
commerce
insurance
and
financial
2
services
.
The
director
shall
require
each
insurance
company
3
and
investment
company
included
in
the
program
to
utilize
the
4
third
party
administrator
selected
by
the
department
and
a
5
common
remitter,
and
shall
limit
the
total
number
of
insurance
6
companies
and
investment
companies
in
the
program
to
no
more
7
than
thirty.
To
be
eligible
for
inclusion
in
the
program,
an
8
insurance
company
shall
have
filed
with,
and
had
the
company’s
9
contract
and
forms
approved
by,
the
insurance
division
of
the
10
department
of
commerce
insurance
and
financial
services
,
and
11
an
investment
company
shall
be
registered
with
the
federal
12
securities
and
exchange
commission.
The
department
may
13
offer
the
tax-sheltered
investment
program
to
eligible
public
14
employers
in
the
state
of
Iowa.
15
Sec.
2712.
Section
8E.103,
subsection
1,
paragraph
b,
Code
16
2023,
is
amended
to
read
as
follows:
17
b.
Each
division
within
the
department
of
commerce
insurance
18
and
financial
services
is
considered
an
agency,
and
each
bureau
19
within
a
division
of
the
department
of
commerce
insurance
and
20
financial
services
is
considered
a
division,
as
otherwise
21
provided
in
chapter
7E
.
22
Sec.
2713.
Section
8F.2,
subsection
8,
paragraph
b,
23
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
24
(3)
A
contract
concerning
an
entity
that
has
contracted
25
with
the
state
and
is
licensed
and
regulated
by
the
insurance
26
division
of
the
department
of
commerce
insurance
and
financial
27
services
.
28
Sec.
2714.
Section
11.5B,
subsection
1,
Code
2023,
is
29
amended
to
read
as
follows:
30
1.
Department
of
commerce
insurance
and
financial
services
.
31
Sec.
2715.
Section
11.6,
subsection
1,
paragraph
c,
32
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subparagraph
(6),
Code
2023,
is
amended
to
read
as
follows:
33
(6)
A
joint
investment
trust
organized
pursuant
to
chapter
34
28E
shall
file
the
audit
reports
required
by
this
chapter
with
35
the
administrator
of
the
securities
and
regulated
industries
1
bureau
of
the
insurance
division
of
the
department
of
commerce
2
insurance
and
financial
services
within
ten
days
of
receipt
3
from
the
auditor.
The
auditor
of
a
joint
investment
trust
4
shall
provide
written
notice
to
the
administrator
of
the
time
5
of
delivery
of
the
reports
to
the
joint
investment
trust.
6
Sec.
2716.
Section
15E.17,
subsection
4,
Code
2023,
is
7
amended
to
read
as
follows:
8
4.
Subsections
2
and
3
do
not
apply
to
the
following:
9
a.
The
utilities
division
of
the
department
of
commerce
10
board
insofar
as
the
information
relates
to
public
utilities.
11
b.
The
banking
division
of
the
department
of
commerce
12
insurance
and
financial
services
.
13
c.
The
credit
union
division
of
the
department
of
commerce
14
insurance
and
financial
services
.
15
Sec.
2717.
Section
16.45,
subsection
5,
Code
2023,
is
16
amended
to
read
as
follows:
17
5.
For
purposes
of
this
section
,
“financial
institutions”
18
means
the
same
as
defined
in
section
12C.1
,
“lender”
means
a
19
lender
as
defined
in
section
537.1301
that
is
licensed
by
the
20
banking
division
of
the
department
of
commerce
insurance
and
21
financial
services
,
and
“manufactured
home”
or
“manufactured
22
housing”
means
the
same
as
the
definition
of
manufactured
home
23
in
section
435.1
.
24
Sec.
2718.
Section
16.91,
subsection
3,
Code
2023,
is
25
amended
to
read
as
follows:
26
3.
With
the
approval
of
the
authority
board
the
division
27
and
its
board
shall
consult
with
the
insurance
division
of
28
the
department
of
commerce
insurance
and
financial
services
29
in
developing
a
guaranty
contract
acceptable
to
the
secondary
30
market
and
developing
any
other
feature
of
the
program
with
31
which
the
insurance
division
may
have
special
expertise.
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Except
as
provided
in
this
subsection
,
the
Iowa
title
guaranty
33
program
is
not
subject
to
the
jurisdiction
of
or
regulation
by
34
the
insurance
division
or
the
commissioner
of
insurance.
35
Sec.
2719.
Section
20.4,
subsections
10
and
11,
Code
2023,
1
are
amended
to
read
as
follows:
2
10.
Persons
employed
by
the
credit
union
division
of
the
3
department
of
commerce
insurance
and
financial
services
.
4
11.
Persons
employed
by
the
banking
division
of
the
5
department
of
commerce
insurance
and
financial
services
.
6
Sec.
2720.
Section
68B.2,
subsection
23,
Code
2023,
is
7
amended
to
read
as
follows:
8
23.
“Regulatory
agency”
means
the
department
of
agriculture
9
and
land
stewardship,
department
of
workforce
development,
10
department
of
commerce
insurance
and
financial
services
,
11
Iowa
department
of
public
health,
department
of
public
12
safety,
department
of
education,
state
board
of
regents,
13
department
of
human
services,
department
of
revenue,
department
14
of
inspections
and
appeals,
department
of
administrative
15
services,
public
employment
relations
board,
state
department
16
of
transportation,
civil
rights
commission,
department
of
17
public
defense,
department
of
homeland
security
and
emergency
18
management,
Iowa
ethics
and
campaign
disclosure
board,
19
utilities
board,
and
department
of
natural
resources.
20
Sec.
2721.
Section
85.70,
subsection
2,
paragraph
f,
Code
21
2023,
is
amended
to
read
as
follows:
22
f.
Beginning
on
or
before
December
1,
2018,
the
department
23
of
workforce
development,
in
cooperation
with
the
department
of
24
education,
the
insurance
division
of
the
department
of
commerce
25
insurance
and
financial
services
,
and
all
community
colleges
26
that
are
participating
in
the
new
career
vocational
training
27
and
education
program,
shall
prepare
an
annual
report
for
28
submission
to
the
general
assembly
that
provides
information
29
about
the
status
of
the
program
including
but
not
limited
to
30
the
utilization
of
and
participants
in
the
program,
program
31
completion
rates,
employment
rates
after
completion
of
the
32
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program
and
the
types
of
employment
obtained
by
the
program
33
participants,
and
the
effects
of
the
program
on
workers’
34
compensation
premium
rates.
35
Sec.
2722.
Section
87.11,
subsection
2,
Code
2023,
is
1
amended
to
read
as
follows:
2
2.
An
employer
seeking
relief
from
the
insurance
3
requirements
of
this
chapter
shall
pay
to
the
insurance
4
division
of
the
department
of
commerce
insurance
and
financial
5
services
the
following
fees:
6
a.
A
fee
of
one
hundred
dollars,
to
be
submitted
annually
7
along
with
an
application
for
relief.
8
b.
A
fee
of
one
hundred
dollars
for
issuance
of
the
9
certificate
relieving
the
employer
from
the
insurance
10
requirements
of
this
chapter
.
11
c.
A
fee
of
fifty
dollars,
to
be
submitted
with
each
filing
12
required
by
the
commissioner
of
insurance,
including
but
not
13
limited
to
the
annual
and
quarterly
financial
statements,
and
14
material
change
statements.
15
Sec.
2723.
Section
97B.49B,
subsection
1,
paragraph
e,
16
subparagraph
(13),
Code
2023,
is
amended
to
read
as
follows:
17
(13)
An
employee
of
the
insurance
division
of
the
department
18
of
commerce
insurance
and
financial
services
who
as
a
condition
19
of
employment
is
required
to
be
certified
by
the
Iowa
law
20
enforcement
academy
and
who
is
required
to
perform
the
duties
21
of
a
peace
officer
as
provided
in
section
507E.8
.
22
Sec.
2724.
Section
100A.1,
subsection
1,
paragraph
j,
Code
23
2023,
is
amended
to
read
as
follows:
24
j.
The
fraud
bureau
within
the
insurance
division
of
the
25
department
of
commerce
insurance
and
financial
services
.
26
Sec.
2725.
Section
256.35A,
subsection
2,
paragraph
b,
Code
27
2023,
is
amended
to
read
as
follows:
28
b.
In
addition,
representatives
of
the
department
of
29
education,
the
division
of
vocational
rehabilitation
of
the
30
department
of
education,
the
department
of
public
health,
31
the
department
of
human
services,
the
Iowa
developmental
32
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disabilities
council,
the
division
of
insurance
of
the
33
department
of
commerce
insurance
and
financial
services
,
and
34
the
state
board
of
regents
shall
serve
as
ex
officio
members
35
of
the
advisory
council.
Ex
officio
members
shall
work
1
together
in
a
collaborative
manner
to
serve
as
a
resource
to
2
the
advisory
council.
The
council
may
also
form
workgroups
3
as
necessary
to
address
specific
issues
within
the
technical
4
purview
of
individual
members.
5
Sec.
2726.
Section
502.102,
subsection
27A,
Code
2023,
is
6
amended
to
read
as
follows:
7
27A.
“Securities
and
regulated
industries
bureau”
means
the
8
securities
and
regulated
industries
bureau
of
the
insurance
9
division
of
the
department
of
commerce
insurance
and
financial
10
services
.
11
Sec.
2727.
Section
502.321A,
subsection
8,
paragraph
b,
12
subparagraph
(3),
Code
2023,
is
amended
to
read
as
follows:
13
(3)
An
offer
in
which
the
target
company
is
an
insurance
14
company
or
insurance
holding
company
subject
to
regulation
15
by
the
commissioner
of
insurance,
a
financial
institution
16
subject
to
regulation
by
the
superintendent
of
banking
or
the
17
superintendent
of
savings
and
loan
associations,
or
a
public
18
utility
subject
to
regulation
by
the
utilities
division
of
the
19
department
of
commerce
board
.
20
Sec.
2728.
Section
502.601,
subsection
1,
Code
2023,
is
21
amended
to
read
as
follows:
22
1.
Administration.
This
chapter
shall
be
administered
by
23
the
commissioner
of
insurance
of
this
state.
The
administrator
24
shall
appoint
a
deputy
administrator
who
shall
be
exempt
from
25
the
merit
system
provisions
of
chapter
8A,
subchapter
IV
.
The
26
deputy
administrator
is
the
principal
operations
officer
of
the
27
securities
and
regulated
industries
bureau
of
the
insurance
28
division
of
the
department
of
commerce
insurance
and
financial
29
services
.
The
deputy
administrator
is
responsible
to
the
30
administrator
for
the
routine
administration
of
this
chapter
31
and
the
management
of
the
securities
and
regulated
industries
32
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bureau.
In
the
absence
of
the
administrator,
whether
because
33
of
vacancy
in
the
office,
by
reason
of
absence,
physical
34
disability,
or
other
cause,
the
deputy
administrator
shall
be
35
the
acting
administrator
and
shall,
for
that
period,
have
and
1
exercise
the
authority
conferred
upon
the
administrator.
The
2
administrator
may
by
order
delegate
to
the
deputy
administrator
3
any
or
all
of
the
functions
assigned
to
the
administrator
4
under
this
chapter
.
The
administrator
shall
employ
officers,
5
attorneys,
accountants,
and
other
employees
as
needed
for
the
6
administration
of
this
chapter
.
7
Sec.
2729.
Section
502A.1,
subsection
1,
Code
2023,
is
8
amended
to
read
as
follows:
9
1.
“Administrator”
means
the
administrator
of
the
securities
10
and
regulated
industries
bureau
of
the
insurance
division
of
11
the
department
of
commerce
insurance
and
financial
services
.
12
Sec.
2730.
Section
502A.15,
subsection
1,
Code
2023,
is
13
amended
to
read
as
follows:
14
1.
This
chapter
shall
be
administered
by
the
administrator
15
of
the
securities
and
regulated
industries
bureau
of
the
16
insurance
division
of
the
department
of
commerce
insurance
and
17
financial
services
.
18
Sec.
2731.
Section
505.1,
Code
2023,
is
amended
to
read
as
19
follows:
20
505.1
Insurance
division
created.
21
An
insurance
division
is
created
within
the
department
22
of
commerce
insurance
and
financial
services
to
regulate
and
23
supervise
the
conducting
of
the
business
of
insurance
in
the
24
state.
The
commissioner
of
insurance
is
the
chief
executive
25
officer
of
the
division.
As
used
in
this
subtitle
and
chapter
26
502
,
“division”
means
the
insurance
division.
27
Sec.
2732.
Section
505.2,
Code
2023,
is
amended
to
read
as
28
follows:
29
505.2
Appointment
and
term
of
commissioner.
30
1.
The
governor
shall
appoint
subject
to
confirmation
31
by
the
senate,
a
commissioner
of
insurance,
who
shall
be
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selected
solely
with
regard
to
qualifications
and
fitness
to
33
discharge
the
duties
of
this
position,
devote
the
entire
time
34
to
such
duties,
and
serve
for
four
years
beginning
and
ending
35
as
provided
by
section
69.19
.
The
governor
may
remove
the
1
commissioner
for
malfeasance
in
office,
or
for
any
cause
that
2
renders
the
commissioner
ineligible,
incapable,
or
unfit
to
3
discharge
the
duties
of
the
office.
4
2.
A
vacancy
in
the
office
of
the
commissioner
shall
be
5
filled
for
the
unexpired
portion
of
the
regular
term.
6
3.
The
commissioner
of
insurance
shall
also
serve
as
the
7
director
of
the
department
of
insurance
and
financial
services
8
pursuant
to
section
546.2.
9
Sec.
2733.
Section
505.5,
Code
2023,
is
amended
to
read
as
10
follows:
11
505.5
Expenses
——
salary
.
12
The
commissioner
shall
be
entitled
to
reimbursement
of
13
actual
necessary
expenses
in
attending
meetings
of
insurance
14
commissioners
of
other
states,
and
in
the
performance
of
the
15
duties
of
the
office.
The
commissioner’s
salary
shall
be
as
16
fixed
by
the
general
assembly.
17
Sec.
2734.
Section
505.7,
subsections
1
and
3,
Code
2023,
18
are
amended
to
read
as
follows:
19
1.
All
fees
and
charges
which
are
required
by
law
to
be
20
paid
by
insurance
companies,
associations,
and
other
regulated
21
entities
shall
be
payable
to
the
commissioner
of
the
insurance
22
division
of
the
department
of
commerce
insurance
and
financial
23
services
or
department
of
revenue,
as
provided
by
law,
whose
24
duty
it
shall
be
to
account
for
and
pay
over
the
same
to
the
25
treasurer
of
state
at
the
time
and
in
the
manner
provided
by
26
law
for
deposit
in
the
department
of
commerce
revolving
fund
27
created
in
section
546.12
.
28
3.
Forty
percent
of
the
nonexamination
revenues
payable
29
to
the
division
of
insurance
or
the
department
of
revenue
in
30
connection
with
the
regulation
of
insurance
companies
or
other
31
entities
subject
to
the
regulatory
jurisdiction
of
the
division
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shall
be
deposited
in
the
department
of
commerce
revolving
33
fund
created
in
section
546.12
and
shall
be
subject
to
annual
34
appropriation
to
the
division
for
its
operations
and
is
also
35
subject
to
expenditure
under
subsection
6
.
The
remaining
1
nonexamination
revenues
payable
to
the
division
of
insurance
2
or
the
department
of
revenue
shall
be
deposited
in
the
general
3
fund
of
the
state.
4
Sec.
2735.
Section
507.1,
subsection
2,
paragraph
c,
Code
5
2023,
is
amended
to
read
as
follows:
6
c.
“Division”
means
the
division
of
insurance
of
the
7
department
of
commerce
insurance
and
financial
services
.
8
Sec.
2736.
Section
507E.8,
Code
2023,
is
amended
to
read
as
9
follows:
10
507E.8
Law
enforcement
authority.
11
1.
An
individual
employed
by
the
division
and
designated
as
12
a
peace
officer
shall
be
considered
a
law
enforcement
officer
13
as
that
term
is
defined
in
section
80B.3
,
and
shall
exercise
14
the
powers
of
a
law
enforcement
officer
as
follows:
15
a.
For
purposes
of
an
arrest
resulting
from
a
criminal
16
violation
of
any
provision
of
the
Code
subject
to
the
17
jurisdiction
of
the
commissioner
established
as
a
result
of
an
18
investigation
pursuant
to
this
chapter
or
chapter
502,
502A,
19
507A,
523A,
523C,
523D,
or
523I
.
20
b.
While
conducting
an
investigation
or
engaged
in
an
21
assignment
authorized
by
this
chapter
or
ordered
by
the
22
commissioner
chapter
502,
502A,
507A,
523A,
523C,
523D,
or
23
523I
.
24
c.
To
protect
life
if
a
public
offense
is
committed
in
the
25
presence
of
the
peace
officer.
26
d.
While
providing
assistance
to
a
law
enforcement
agency
or
27
another
law
enforcement
officer.
28
e.
While
providing
assistance
at
the
request
of
a
member
of
29
the
public.
30
2.
Laws
applicable
to
an
arrest
of
an
individual
by
a
law
31
enforcement
officer
of
the
state
shall
apply
to
an
individual
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employed
by
the
division
and
designated
as
a
peace
officer.
An
33
individual
employed
by
the
division
and
designated
as
a
peace
34
officer
shall
have
the
power
to
execute
arrest
warrants
and
35
search
warrants,
serve
subpoenas
issued
for
the
examination,
1
investigation,
and
trial
of
all
offenses
identified
through
the
2
course
of
an
investigation
conducted
pursuant
to
this
section
,
3
and
arrest
upon
probable
cause
without
warrant
a
person
found
4
in
the
act
of
committing
a
violation
of
this
chapter
or
a
law
5
of
this
state.
6
Sec.
2737.
Section
514H.2,
subsection
2,
Code
2023,
is
7
amended
to
read
as
follows:
8
2.
The
insurance
division
of
the
department
of
commerce
9
insurance
and
financial
services
shall
administer
the
program
10
in
cooperation
with
the
division
responsible
for
medical
11
services
within
the
department
of
human
services.
Each
12
agency
shall
take
all
necessary
actions,
including
filing
an
13
appropriate
medical
assistance
state
plan
amendment
to
the
14
state
Medicaid
plan
to
take
full
advantage
of
the
benefits
and
15
features
of
the
Deficit
Reduction
Act
of
2005.
16
Sec.
2738.
Section
514H.9,
Code
2023,
is
amended
to
read
as
17
follows:
18
514H.9
Rules.
19
The
insurance
division
of
the
department
of
commerce
20
insurance
and
financial
services
in
cooperation
with
the
21
department
of
human
services
shall
adopt
rules
pursuant
to
22
chapter
17A
as
necessary
to
administer
this
chapter
.
23
Sec.
2739.
Section
514I.2,
subsection
9,
paragraph
a,
Code
24
2023,
is
amended
to
read
as
follows:
25
a.
An
entity
licensed
by
the
division
of
insurance
of
the
26
department
of
commerce
insurance
and
financial
services
to
27
provide
health
insurance
in
Iowa
that
has
contracted
with
the
28
department
to
provide
health
insurance
coverage
to
eligible
29
children
under
this
chapter
.
30
Sec.
2740.
Section
515A.6,
subsection
7,
paragraph
a,
Code
31
2023,
is
amended
to
read
as
follows:
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a.
The
commissioner
shall
provide
notice
of
the
filing
of
33
the
proposed
rates
at
least
thirty
days
before
the
effective
34
date
of
the
proposed
rates
by
publishing
a
notice
on
the
35
internet
site
of
the
insurance
division
of
the
department
of
1
commerce
insurance
and
financial
services
.
2
Sec.
2741.
Section
521H.6,
subsection
1,
Code
2023,
is
3
amended
to
read
as
follows:
4
1.
Documents,
materials,
or
other
information,
including
5
a
corporate
governance
annual
disclosure,
in
the
possession
6
or
control
of
the
insurance
division
of
the
department
of
7
commerce
insurance
and
financial
services
,
that
is
obtained
8
by,
created
by,
or
disclosed
to
the
commissioner
or
to
any
9
other
person
pursuant
to
this
chapter
,
is
recognized
in
this
10
state
as
being
proprietary
and
containing
trade
secrets.
All
11
such
documents,
materials,
or
other
information,
including
the
12
disclosure,
shall
be
confidential
and
privileged,
shall
not
be
13
subject
to
chapter
22
,
shall
be
considered
confidential
under
14
chapter
507
,
shall
not
be
subject
to
subpoena,
and
shall
not
be
15
subject
to
discovery
or
admissible
in
evidence
in
any
private
16
civil
action.
However,
the
commissioner
is
authorized
to
use
17
such
documents,
materials,
or
other
information,
including
18
the
disclosure,
in
the
furtherance
of
any
regulatory
or
legal
19
action
brought
as
a
part
of
the
commissioner’s
official
duties.
20
The
commissioner
shall
not
otherwise
make
the
documents,
21
materials,
or
other
information,
including
the
disclosure,
22
public
without
the
prior
written
consent
of
the
insurer
or
23
insurance
group
that
provided
the
documents,
materials,
or
24
other
information,
including
the
disclosure.
Nothing
in
this
25
section
shall
be
construed
to
require
written
consent
of
26
the
insurer
or
insurance
group
before
the
commissioner
may
27
share
or
receive
confidential
documents,
materials,
or
other
28
information
related
to
governance
of
an
insurer
or
insurance
29
group
pursuant
to
subsection
3
to
assist
in
the
performance
of
30
the
commissioner’s
regular
duties.
31
Sec.
2742.
Section
522.8,
subsection
1,
Code
2023,
is
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amended
to
read
as
follows:
33
1.
Documents,
materials,
or
other
information,
including
34
an
own
risk
and
solvency
assessment
summary
report,
in
35
the
possession
or
control
of
the
insurance
division
of
the
1
department
of
commerce
insurance
and
financial
services
,
that
2
are
obtained
by,
created
by,
or
disclosed
to
the
commissioner
3
or
to
any
other
person
pursuant
to
this
chapter
,
are
recognized
4
in
this
state
as
being
proprietary
and
containing
trade
5
secrets.
All
such
documents,
materials,
or
other
information,
6
including
the
summary
report,
shall
be
confidential
and
7
privileged,
shall
not
be
subject
to
chapter
22
,
shall
not
be
8
subject
to
subpoena,
and
shall
not
be
subject
to
discovery
9
or
admissible
in
evidence
in
any
private
civil
action.
10
However,
the
commissioner
is
authorized
to
use
such
documents,
11
materials,
or
other
information,
including
the
summary
report,
12
in
the
furtherance
of
any
regulatory
or
legal
action
brought
as
13
a
part
of
the
commissioner’s
official
duties.
The
commissioner
14
shall
not
otherwise
make
the
documents,
materials,
or
other
15
information,
including
the
summary
report,
public
without
16
the
prior
written
consent
of
the
insurer
that
provided
the
17
documents,
materials,
or
other
information,
including
the
18
summary
report.
19
Sec.
2743.
Section
523A.807,
subsection
4,
Code
2023,
is
20
amended
to
read
as
follows:
21
4.
The
commissioner
shall
post
on
the
internet
site
of
the
22
division
of
insurance
of
the
department
of
commerce
insurance
23
and
financial
services
a
list
of
all
persons
licensed
under
24
this
chapter
and
an
index
of
orders
issued
by
the
commissioner
25
pertaining
to
such
persons.
26
Sec.
2744.
Section
524.201,
Code
2023,
is
amended
to
read
27
as
follows:
28
524.201
Superintendent
of
banking.
29
1.
The
governor
shall
appoint,
subject
to
confirmation
by
30
the
senate,
a
superintendent
of
banking.
The
appointee
shall
31
be
selected
solely
with
regard
to
qualification
and
fitness
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to
discharge
the
duties
of
office,
and
a
person
shall
not
be
33
appointed
who
has
not
had
at
least
five
years’
experience
as
an
34
executive
officer
in
a
bank.
The
superintendent
shall
serve
at
35
the
pleasure
of
the
governor.
1
2.
The
superintendent
shall
have
an
office
at
the
seat
2
of
government.
The
regular
term
of
office
shall
be
four
3
years
beginning
and
ending
as
provided
by
section
69.19
The
4
superintendent
shall
receive
a
salary
set
by
the
governor
5
within
a
range
established
by
the
general
assembly
.
6
Sec.
2745.
Section
524.206,
Code
2023,
is
amended
to
read
7
as
follows:
8
524.206
Banking
division
created.
9
The
banking
division
is
created
within
the
department
of
10
commerce
insurance
and
financial
services
.
11
Sec.
2746.
Section
524.207,
subsections
1,
2,
5,
and
6,
Code
12
2023,
are
amended
to
read
as
follows:
13
1.
Except
as
otherwise
provided
by
statute,
all
expenses
14
required
in
the
discharge
of
the
duties
and
responsibilities
15
imposed
upon
the
banking
division
of
the
department
of
commerce
16
insurance
and
financial
services
,
the
superintendent,
and
the
17
state
banking
council
by
the
laws
of
this
state
shall
be
paid
18
from
fees
provided
by
the
laws
of
this
state
and
appropriated
19
by
the
general
assembly
from
the
department
of
commerce
20
revolving
fund
created
in
section
546.12
.
All
of
these
21
fees
are
payable
to
the
superintendent.
The
superintendent
22
shall
pay
all
the
fees
and
other
moneys
received
by
the
23
superintendent
to
the
treasurer
of
state
within
the
time
24
required
by
section
12.10
and
the
fees
and
other
moneys
shall
25
be
deposited
into
the
department
of
commerce
revolving
fund
26
created
in
section
546.12
.
27
2.
All
fees
and
assessments
generated
as
the
result
of
a
28
national
bank
or
federal
savings
association
converting
to
a
29
state
bank
on
or
after
December
31,
2015,
and
thereafter,
are
30
payable
to
the
superintendent.
The
superintendent
shall
pay
31
all
the
fees
and
assessments
received
by
the
superintendent
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pursuant
to
this
subsection
to
the
treasurer
of
state
within
33
the
time
required
by
section
12.10
and
the
fees
and
assessments
34
shall
be
deposited
into
the
department
of
commerce
revolving
35
fund
created
in
section
546.12
.
An
amount
equal
to
such
fees
1
and
assessments
deposited
into
the
department
of
commerce
2
revolving
fund
is
appropriated
from
the
department
of
commerce
3
revolving
fund
to
the
banking
division
of
the
department
of
4
commerce
insurance
and
financial
services
for
the
fiscal
5
year
in
which
a
national
bank
or
federal
savings
association
6
converted
to
a
state
bank
and
an
amount
equal
to
such
7
annualized
fees
and
assessments
deposited
into
the
department
8
of
commerce
revolving
fund
in
succeeding
years
is
appropriated
9
from
the
department
of
commerce
revolving
fund
to
the
banking
10
division
of
the
department
of
commerce
insurance
and
financial
11
services
for
succeeding
fiscal
years
for
purposes
related
to
12
the
discharge
of
the
duties
and
responsibilities
imposed
upon
13
the
banking
division
of
the
department
of
commerce
insurance
14
and
financial
services
,
the
superintendent,
and
the
state
15
banking
council
by
the
laws
of
this
state.
This
appropriation
16
shall
be
in
addition
to
the
appropriation
of
moneys
otherwise
17
described
in
this
section
.
If
a
state
bank
converts
to
a
18
national
bank
or
federal
savings
association,
any
appropriation
19
made
pursuant
to
this
subsection
for
the
following
fiscal
20
year
shall
be
reduced
by
the
amount
of
the
assessment
paid
by
21
the
state
bank
during
the
fiscal
year
in
which
the
state
bank
22
converted
to
a
national
bank
or
federal
savings
association.
23
5.
All
fees
and
moneys
collected
shall
be
deposited
into
the
24
department
of
commerce
revolving
fund
created
in
section
546.12
25
and
expenses
required
to
be
paid
under
this
section
shall
be
26
paid
from
moneys
in
the
department
of
commerce
revolving
fund
27
and
appropriated
for
those
purposes.
28
6.
All
moneys
received
by
the
superintendent
pursuant
to
a
29
multi-state
settlement
with
a
provider
of
financial
services
30
such
as
a
mortgage
lender,
a
mortgage
servicer,
or
any
other
31
person
regulated
by
the
banking
division
of
the
department
of
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commerce
insurance
and
financial
services
shall
be
deposited
33
into
the
department
of
commerce
revolving
fund
created
in
34
section
546.12
and
an
amount
equal
to
the
amount
deposited
35
into
the
fund
is
appropriated
to
the
banking
division
of
the
1
department
of
commerce
insurance
and
financial
services
for
the
2
fiscal
year
in
which
such
moneys
are
received
and
in
succeeding
3
fiscal
years
for
the
purpose
of
promoting
financial-related
4
education
and
supporting
those
duties
of
the
banking
5
division
related
to
financial
regulation
that
are
limited
to
6
nonrecurring
expenses
such
as
equipment
purchases,
training,
7
technology,
and
retirement
payouts
related
to
the
oversight
of
8
mortgage
lending,
state
banks,
and
other
financial
services
9
regulated
by
the
banking
division.
This
appropriation
shall
be
10
in
addition
to
the
appropriation
of
moneys
otherwise
described
11
in
this
section
.
The
superintendent
shall
submit
a
report
to
12
the
department
of
management
and
to
the
legislative
services
13
agency
detailing
the
expenditure
of
moneys
appropriated
to
the
14
banking
division
pursuant
to
this
subsection
during
each
fiscal
15
year.
The
initial
report
shall
be
submitted
on
or
before
16
September
15,
2016,
and
each
September
15
thereafter.
Moneys
17
appropriated
pursuant
to
this
subsection
are
not
subject
to
18
section
8.33
and
shall
not
be
transferred,
used,
obligated,
19
appropriated,
or
otherwise
encumbered
except
as
provided
in
20
this
subsection
.
21
Sec.
2747.
Section
527.2,
subsection
2,
Code
2023,
is
22
amended
to
read
as
follows:
23
2.
“Administrator”
means
and
includes
the
superintendent
24
of
banking
and
the
superintendent
of
credit
unions
within
25
the
department
of
commerce
insurance
and
financial
services
26
and
the
supervisor
of
industrial
loan
companies
within
the
27
office
of
the
superintendent
of
banking.
However,
the
powers
28
of
administration
and
enforcement
of
this
chapter
shall
be
29
exercised
only
as
provided
in
sections
527.3
,
527.5,
subsection
30
7
,
sections
527.11
,
527.12
,
and
any
other
pertinent
provision
31
of
this
chapter
.
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Sec.
2748.
Section
528.2,
subsection
1,
Code
2023,
is
33
amended
to
read
as
follows:
34
1.
“Administrator”
means
the
superintendent
of
banking
and
35
the
superintendent
of
credit
unions
within
the
department
of
1
commerce
insurance
and
financial
services
.
2
Sec.
2749.
Section
533.102,
subsection
4,
Code
2023,
is
3
amended
to
read
as
follows:
4
4.
“Credit
union
service
organization”
means
a
corporation,
5
limited
partnership,
or
limited
liability
company
organized
6
under
state
law
to
provide
financial
and
financial-related
7
services
for
one
or
more
credit
unions,
each
of
which
owns
part
8
of
the
capital
stock
of
the
credit
union
service
organization,
9
as
authorized
under
section
533.301,
subsection
5
,
paragraph
10
“f”
,
and
which
corporation,
limited
partnership,
or
limited
11
liability
company
is
subject
to
examination
by
the
credit
union
12
division
of
the
Iowa
department
of
commerce
insurance
and
13
financial
services
or
a
federal
supervisory
agency.
14
Sec.
2750.
Section
533.103,
Code
2023,
is
amended
to
read
15
as
follows:
16
533.103
Credit
union
division
created.
17
A
credit
union
division
of
the
department
of
commerce
18
insurance
and
financial
services
is
created
to
administer
this
19
chapter
.
20
Sec.
2751.
Section
533.104,
Code
2023,
is
amended
to
read
21
as
follows:
22
533.104
Superintendent
of
credit
unions
.
23
1.
A
superintendent
of
credit
unions
shall
be
appointed
by
24
the
governor
to
serve
at
the
pleasure
of
the
governor
,
subject
25
to
confirmation
by
the
senate,
to
regulate
credit
unions.
26
a.
The
appointee
shall
be
selected
solely
with
regard
to
27
qualification
and
fitness
to
discharge
the
duties
of
office
.
28
b.
The
and
the
individual
appointed
shall
have
at
least
29
five
years’
experience
as
a
director
or
executive
officer
of
30
a
credit
union,
or
comparable
experience
in
the
regulation
or
31
examination
of
credit
unions.
For
purposes
of
this
paragraph
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subsection
,
credit
union
membership
does
not
qualify
as
credit
33
union
experience.
34
2.
The
superintendent
shall
have
an
office
at
the
seat
35
of
government.
The
superintendent’s
term
of
office
shall
be
1
four
years
beginning
and
ending
as
provided
by
section
69.19
.
2
The
governor
may
remove
the
superintendent
for
malfeasance
3
in
office,
or
for
any
cause
that
renders
the
superintendent
4
ineligible,
incapable,
or
unfit
to
discharge
the
duties
of
the
5
office.
6
3.
The
superintendent
shall
receive
a
salary
set
by
the
7
governor
within
a
range
established
by
the
general
assembly.
8
4.
A
vacancy
in
the
office
of
superintendent
shall
be
filled
9
for
the
unexpired
portion
of
the
regular
term.
10
5.
3.
The
superintendent
may
adopt
rules
as
necessary
or
11
appropriate
to
administer
this
chapter
,
subject
to
the
prior
12
approval
of
the
rules
by
the
review
board.
13
Sec.
2752.
Section
533.111,
subsections
1,
4,
and
5,
Code
14
2023,
are
amended
to
read
as
follows:
15
1.
a.
All
expenses
required
in
the
discharge
of
the
16
duties
and
responsibilities
imposed
upon
the
credit
union
17
division,
the
superintendent,
and
the
review
board
by
the
laws
18
of
this
state
shall
be
paid
from
fees
provided
by
the
laws
19
of
this
state
and
appropriated
by
the
general
assembly
from
20
the
department
of
commerce
revolving
fund
created
in
section
21
546.12
.
22
b.
All
fees
imposed
under
this
chapter
are
payable
to
23
the
superintendent,
who
shall
pay
all
fees
and
other
moneys
24
received
to
the
treasurer
of
state
within
the
time
required
by
25
section
12.10
.
The
treasurer
of
state
shall
deposit
such
funds
26
in
the
department
of
commerce
revolving
fund
created
in
section
27
546.12
.
28
4.
a.
All
fees
and
other
moneys
collected
shall
be
29
deposited
into
the
department
of
commerce
revolving
fund
30
created
in
section
546.12
and
expenses
required
to
be
paid
31
under
this
section
shall
be
paid
from
moneys
in
the
department
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of
commerce
revolving
fund
and
appropriated
for
those
purposes.
33
b.
Funds
appropriated
to
the
credit
union
division
shall
34
be
subject
at
all
times
to
the
warrant
of
the
director
35
of
the
department
of
administrative
services,
drawn
upon
1
written
requisition
of
the
superintendent
or
a
designated
2
representative,
for
the
payment
of
all
salaries
and
other
3
expenses
necessary
to
carry
out
the
duties
of
the
credit
union
4
division.
5
5.
The
credit
union
division
may
accept
reimbursement
of
6
expenses
related
to
the
examination
of
a
state
credit
union
7
from
the
national
credit
union
administration
or
any
other
8
guarantor
or
insurance
plan
authorized
by
this
chapter
.
These
9
reimbursements
shall
be
deposited
into
the
department
of
10
commerce
revolving
fund
created
in
section
546.12
.
11
Sec.
2753.
Section
533A.10,
subsection
1,
Code
2023,
is
12
amended
to
read
as
follows:
13
1.
The
superintendent
may
examine
the
condition
and
14
affairs
of
a
licensee.
In
connection
with
any
examination,
15
the
superintendent
may
examine
on
oath
any
licensee,
and
any
16
director,
officer,
employee,
customer,
creditor,
or
stockholder
17
of
a
licensee
concerning
the
affairs
and
business
of
the
18
licensee.
The
superintendent
shall
ascertain
whether
the
19
licensee
transacts
its
business
in
the
manner
prescribed
by
20
the
law
and
applicable
rules.
The
licensee
shall
pay
the
cost
21
of
the
examination
as
determined
by
the
superintendent
based
22
on
the
actual
cost
of
the
operation
of
the
finance
bureau
of
23
the
banking
division
of
the
department
of
commerce
insurance
24
and
financial
services
,
including
the
proportionate
share
of
25
the
administrative
expenses
in
the
operation
of
the
banking
26
division
attributable
to
the
finance
bureau,
as
determined
by
27
the
superintendent,
incurred
in
the
discharge
of
duties
imposed
28
upon
the
superintendent
by
this
chapter
.
Failure
to
pay
the
29
examination
fee
within
thirty
days
of
receipt
of
demand
from
30
the
superintendent
shall
subject
the
licensee
to
a
late
fee
of
31
up
to
five
percent
per
day
of
the
amount
of
the
examination
fee
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for
each
day
the
payment
is
delinquent.
33
Sec.
2754.
Section
533A.14,
Code
2023,
is
amended
to
read
34
as
follows:
35
533A.14
Fees
to
state
treasurer.
1
All
moneys
received
by
the
superintendent
from
fees,
2
licenses,
and
examinations
pursuant
to
this
chapter
shall
be
3
deposited
by
the
superintendent
with
the
treasurer
of
state
for
4
deposit
in
the
department
of
commerce
revolving
fund
created
5
in
section
546.12
.
6
Sec.
2755.
Section
533C.902,
subsection
1,
Code
2023,
is
7
amended
to
read
as
follows:
8
1.
A
financial
services
licensing
fund
is
created
as
a
9
separate
fund
in
the
state
treasury
under
the
authority
of
the
10
banking
division
of
the
department
of
commerce
insurance
and
11
financial
services
.
Moneys
deposited
in
the
fund
shall
be
used
12
to
pay
for
staffing
necessary
to
perform
examinations,
audits,
13
and
other
duties
required
of
the
superintendent
and
the
banking
14
division
under
this
chapter
.
15
Sec.
2756.
Section
533D.11,
subsection
3,
Code
2023,
is
16
amended
to
read
as
follows:
17
3.
The
superintendent
shall
determine
the
cost
of
the
18
examination
or
investigation
based
upon
the
actual
cost
of
the
19
operation
of
the
finance
bureau
of
the
banking
division
of
20
the
department
of
commerce
insurance
and
financial
services
,
21
including
the
proportionate
share
of
administrative
expenses
22
in
the
operation
of
the
banking
division
attributable
to
the
23
finance
bureau
as
determined
by
the
superintendent,
incurred
24
in
the
discharge
of
duties
imposed
upon
the
superintendent
by
25
this
chapter
.
26
Sec.
2757.
Section
535B.1,
subsection
1,
Code
2023,
is
27
amended
to
read
as
follows:
28
1.
“Administrator”
means
the
superintendent
of
the
division
29
of
banking
of
the
department
of
commerce
insurance
and
30
financial
services
.
31
Sec.
2758.
Section
535B.10,
subsection
5,
paragraph
a,
Code
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2023,
is
amended
to
read
as
follows:
33
a.
The
licensee
shall
pay
the
cost
of
the
examination
or
34
investigation
as
determined
by
the
administrator
based
on
35
the
actual
cost
of
the
operation
of
the
finance
bureau
of
1
the
banking
division
of
the
department
of
commerce
insurance
2
and
financial
services
,
including
the
proportionate
share
3
of
administrative
expenses
in
the
operation
of
the
banking
4
division
attributable
to
the
finance
bureau
as
determined
by
5
the
administrator,
incurred
in
the
discharge
of
duties
imposed
6
upon
the
administrator
by
this
chapter
.
7
Sec.
2759.
Section
535C.11,
unnumbered
paragraph
1,
Code
8
2023,
is
amended
to
read
as
follows:
9
This
chapter
does
not
apply
to
activities
or
arrangements
10
expressly
approved
or
regulated
by
the
department
of
commerce
11
insurance
and
financial
services
.
12
Sec.
2760.
Section
535D.11,
subsection
2,
Code
2023,
is
13
amended
to
read
as
follows:
14
2.
The
payment
of
application
and
renewal
fees
for
licenses
15
through
the
nationwide
mortgage
licensing
system
and
registry
16
and
any
additional
fees
as
determined
by
the
superintendent
17
based
on
the
actual
cost
of
the
operation
of
the
finance
bureau
18
of
the
banking
division
of
the
department
of
commerce
insurance
19
and
financial
services
,
including
the
proportionate
share
20
of
administrative
expenses
in
the
operation
of
the
banking
21
division
attributable
to
the
finance
bureau
as
determined
by
22
the
superintendent,
incurred
in
the
discharge
of
duties
imposed
23
by
this
chapter
.
24
Sec.
2761.
Section
536.10,
subsection
3,
Code
2023,
is
25
amended
to
read
as
follows:
26
3.
A
licensee
subject
to
examination,
supervision,
27
and
regulation
by
the
superintendent
shall
pay
to
the
28
superintendent
an
examination
fee
based
on
the
actual
cost
29
of
the
operation
of
the
regulated
loan
bureau
of
the
banking
30
division
of
the
department
of
commerce
insurance
and
financial
31
services
and
the
proportionate
share
of
administrative
expenses
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in
the
operation
of
the
banking
division
attributable
to
the
33
regulated
loan
bureau
as
determined
by
the
superintendent.
34
The
fee
shall
apply
equally
to
all
licenses
and
shall
not
be
35
changed
more
frequently
than
annually.
A
fee
change
shall
be
1
effective
on
January
1
of
the
year
following
the
year
in
which
2
the
change
is
approved.
3
Sec.
2762.
Section
536A.2,
subsection
9,
Code
2023,
is
4
amended
to
read
as
follows:
5
9.
“Superintendent”
means
the
superintendent
of
banking
6
within
the
banking
division
of
the
department
of
commerce
7
insurance
and
financial
services
.
8
Sec.
2763.
Section
536A.15,
subsection
4,
Code
2023,
is
9
amended
to
read
as
follows:
10
4.
The
licensee
shall
be
charged
and
shall
pay
the
actual
11
costs
of
the
examination
as
determined
by
the
superintendent
12
based
on
the
actual
cost
of
the
operation
of
the
finance
bureau
13
of
the
banking
division
of
the
department
of
commerce
insurance
14
and
financial
services
including
the
proportionate
share
15
of
administrative
expenses
in
the
operation
of
the
banking
16
division
attributable
to
the
finance
bureau
as
determined
by
17
the
superintendent
incurred
in
the
discharge
of
the
duties
18
imposed
upon
the
superintendent
by
this
chapter
.
Failure
to
19
pay
the
examination
fee
within
thirty
days
of
receipt
of
demand
20
from
the
superintendent
shall
subject
the
licensee
to
a
late
21
fee
of
five
percent
of
the
amount
of
the
examination
fee
for
22
each
day
the
payment
is
delinquent.
23
Sec.
2764.
Section
537.2501,
subsection
2,
paragraph
b,
24
subparagraph
(3),
unnumbered
paragraph
1,
Code
2023,
is
amended
25
to
read
as
follows:
26
The
premium
rates
have
been
affirmatively
approved
by
the
27
insurance
division
of
the
department
of
commerce
insurance
and
28
financial
services
.
In
approving
or
establishing
the
rates,
29
the
division
shall
review
the
insurance
company’s
actuarial
30
data
to
assure
that
the
rates
are
fair
and
reasonable.
The
31
insurance
commissioner
shall
either
hire
or
contract
with
a
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qualified
actuary
to
review
the
data.
The
insurance
division
33
shall
obtain
reimbursement
from
the
insurance
company
for
the
34
cost
of
the
actuarial
review
prior
to
approving
the
rates.
35
In
addition,
the
rates
shall
be
made
in
accordance
with
the
1
following
provisions:
2
Sec.
2765.
Section
546.1,
subsections
1
and
2,
Code
2023,
3
are
amended
to
read
as
follows:
4
1.
“Department”
means
the
department
of
commerce
insurance
5
and
financial
services
.
6
2.
“Director”
means
the
director
of
the
department
of
7
commerce
insurance
and
financial
services
.
8
Sec.
2766.
Section
546.2,
subsections
1,
2,
and
3,
Code
9
2023,
are
amended
to
read
as
follows:
10
1.
A
department
of
commerce
insurance
and
financial
11
services
is
created
to
coordinate
and
administer
the
various
12
regulatory,
service,
and
licensing
functions
of
the
state
13
relating
to
the
conducting
of
business
or
commerce
in
the
14
state.
15
2.
The
chief
administrative
officer
of
the
department
is
the
16
director.
The
director
shall
be
appointed
by
the
governor
from
17
among
those
individuals
who
serve
as
heads
of
the
divisions
18
within
the
department
the
commissioner
of
insurance
appointed
19
pursuant
to
section
505.2
.
A
division
head
appointed
to
be
the
20
The
director
shall
fulfill
the
responsibilities
and
duties
of
21
the
director
of
the
department
in
addition
to
the
individual’s
22
director’s
responsibilities
and
duties
as
the
head
of
a
the
23
insurance
division.
The
director
shall
serve
at
the
pleasure
24
of
the
governor.
If
the
office
of
director
becomes
vacant,
25
the
vacancy
shall
be
filled
in
the
same
manner
as
the
original
26
appointment
was
made.
27
3.
The
department
is
administratively
organized
into
the
28
following
divisions:
29
a.
Banking.
30
b.
Credit
union.
31
c.
Utilities.
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d.
c.
Insurance.
33
e.
Alcoholic
beverages.
34
Sec.
2767.
Section
546.12,
Code
2023,
is
amended
to
read
as
35
follows:
1
546.12
Department
of
insurance
and
financial
services
2
commerce
revolving
fund.
3
1.
A
department
of
commerce
revolving
fund
is
created
in
4
the
state
treasury.
The
fund
shall
consist
of
moneys
collected
5
by
the
banking
division;
credit
union
division;
utilities
6
division
board
,
including
moneys
collected
on
behalf
of
the
7
office
of
consumer
advocate
established
in
section
475A.3
;
8
and
the
insurance
division
of
the
department;
and
deposited
9
into
an
account
for
that
division
,
board,
or
office
within
10
the
fund
on
a
monthly
basis.
Except
as
otherwise
provided
11
by
statute,
all
costs
for
operating
the
office
of
consumer
12
advocate
and
the
banking
division,
the
credit
union
division,
13
the
utilities
division
board
,
and
the
insurance
division
of
the
14
department
shall
be
paid
from
the
division’s
accounts
within
15
the
fund,
subject
to
appropriation
by
the
general
assembly.
16
The
insurance
division
shall
administer
the
fund
and
all
other
17
divisions
shall
work
with
the
insurance
division
to
make
sure
18
the
fund
is
properly
accounted
and
reported
to
the
department
19
of
management
and
the
department
of
administrative
services.
20
The
divisions
shall
provide
quarterly
reports
to
the
department
21
of
management
and
the
legislative
services
agency
on
revenues
22
billed
and
collected
and
expenditures
from
the
fund
in
a
format
23
as
determined
by
the
department
of
management
in
consultation
24
with
the
legislative
services
agency.
25
2.
To
meet
cash
flow
needs
for
the
office
of
consumer
26
advocate
and
the
banking
division,
credit
union
division,
27
utilities
division
board
,
or
the
insurance
division
of
the
28
department,
the
administrative
head
of
that
division
,
board,
29
or
office
may
temporarily
use
funds
from
the
general
fund
of
30
the
state
to
pay
expenses
in
excess
of
moneys
available
in
31
the
revolving
fund
for
that
division
,
board,
or
office
if
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those
additional
expenditures
are
fully
reimbursable
and
the
33
division
,
board,
or
office
reimburses
the
general
fund
of
the
34
state
and
ensures
all
moneys
are
repaid
in
full
by
the
close
35
of
the
fiscal
year.
Notwithstanding
any
provision
to
the
1
contrary,
the
divisions
shall,
to
the
fullest
extent
possible,
2
make
an
estimate
of
billings
and
make
such
billings
as
early
as
3
possible
in
each
fiscal
year,
so
that
the
need
for
the
use
of
4
general
fund
moneys
is
minimized
to
the
lowest
extent
possible.
5
Periodic
billings
shall
be
deemed
sufficient
to
satisfy
this
6
requirement.
Because
any
general
fund
moneys
used
shall
be
7
fully
reimbursed,
such
temporary
use
of
funds
from
the
general
8
fund
of
the
state
shall
not
constitute
an
appropriation
for
9
purposes
of
calculating
the
state
general
fund
expenditure
10
limitation
pursuant
to
section
8.54
.
11
3.
Section
8.33
does
not
apply
to
any
moneys
credited
or
12
appropriated
to
the
commerce
revolving
fund
from
any
other
13
fund.
14
4.
The
establishment
of
the
commerce
revolving
fund
15
pursuant
to
this
section
shall
not
be
interpreted
in
any
16
manner
to
compromise
or
impact
the
accountability
of,
or
limit
17
authority
with
respect
to,
an
agency
or
entity
under
state
18
law.
Any
provision
applicable
to,
or
responsibility
of,
a
19
division
,
board,
or
office
collecting
moneys
for
deposit
into
20
the
fund
established
pursuant
to
this
section
shall
not
be
21
altered
or
impacted
by
the
existence
of
the
fund
and
shall
22
remain
applicable
to
the
same
extent
as
if
the
division
,
board,
23
or
office
were
receiving
moneys
pursuant
to
a
general
fund
24
appropriation.
The
divisions
of
the
department
of
commerce
25
insurance
and
financial
services
shall
comply
with
directions
26
by
the
governor
to
executive
branch
departments
regarding
27
restrictions
on
out-of-state
travel,
hiring
justifications,
28
association
memberships,
equipment
purchases,
consulting
29
contracts,
and
any
other
expenditure
efficiencies
that
the
30
governor
deems
appropriate.
31
Sec.
2768.
Section
714E.6,
subsection
4,
Code
2023,
is
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amended
to
read
as
follows:
33
4.
Notwithstanding
any
other
provision
of
this
section
,
34
an
action
shall
not
be
brought
on
the
basis
of
a
violation
of
35
this
chapter
,
except
by
an
owner
against
whom
the
violation
was
1
committed
or
by
the
attorney
general.
This
limitation
does
not
2
apply
to
administrative
action
by
either
the
attorney
general
3
or
the
superintendent
of
the
banking
division
of
the
department
4
of
commerce
insurance
and
financial
services
.
5
Sec.
2769.
Section
714F.8,
subsection
3,
paragraph
b,
6
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
7
(1)
Make
a
payment
to
the
foreclosed
homeowner
such
that
the
8
foreclosed
homeowner
has
received
consideration
in
an
amount
9
of
at
least
eighty-two
percent
of
the
fair
market
value
of
the
10
property,
as
the
property
was
when
the
foreclosed
homeowner
11
vacated
the
property,
within
ninety
days
of
either
the
eviction
12
or
voluntary
relinquishment
of
possession
of
the
property
by
13
the
foreclosed
homeowner.
The
foreclosure
purchaser
shall
make
14
a
detailed
accounting
of
the
basis
for
the
payment
amount,
or
15
a
detailed
accounting
of
the
reasons
for
failure
to
make
a
16
payment,
including
providing
written
documentation
of
expenses,
17
within
this
ninety-day
period.
The
accounting
shall
be
on
a
18
form
prescribed
by
the
attorney
general,
in
consultation
with
19
the
superintendent
of
the
banking
division
of
the
department
of
20
commerce
insurance
and
financial
services
without
being
subject
21
to
the
rulemaking
procedures
of
chapter
17A
.
22
Sec.
2770.
Section
714F.8,
subsection
3,
paragraph
b,
23
subparagraph
(2),
subparagraph
division
(b),
Code
2023,
is
24
amended
to
read
as
follows:
25
(b)
The
time
for
determining
the
fair
market
value
amount
26
shall
be
determined
in
the
foreclosure
reconveyance
contract
27
as
either
at
the
time
of
the
execution
of
the
foreclosure
28
reconveyance
contract
or
at
resale.
If
the
contract
states
29
that
the
fair
market
value
shall
be
determined
at
the
time
30
of
resale,
the
fair
market
value
shall
be
the
resale
price
31
if
it
is
sold
within
sixty
days
of
the
eviction
or
voluntary
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relinquishment
of
the
property
by
the
foreclosed
homeowner.
33
If
the
contract
states
that
the
fair
market
value
shall
34
be
determined
at
the
time
of
resale,
and
the
resale
is
not
35
completed
within
sixty
days
of
the
eviction
or
voluntary
1
relinquishment
of
the
property
by
the
foreclosed
homeowner,
the
2
fair
market
value
shall
be
determined
by
an
appraisal
conducted
3
within
one
hundred
eighty
days
of
the
eviction
or
voluntary
4
relinquishment
of
the
property
by
the
foreclosed
homeowner
5
and
payment,
if
required,
shall
be
made
to
the
foreclosed
6
homeowner,
but
the
fair
market
value
shall
be
recalculated
as
7
the
resale
price
on
resale
and
an
additional
payment
amount,
8
if
appropriate,
based
on
the
resale
price,
shall
be
made
to
9
the
foreclosed
homeowner
within
fifteen
days
of
resale,
and
10
a
detailed
accounting
of
the
basis
for
the
payment
amount,
11
or
a
detailed
accounting
of
the
reasons
for
failure
to
make
12
additional
payment,
shall
be
made
within
fifteen
days
of
13
resale,
including
providing
written
documentation
of
expenses.
14
The
accounting
shall
be
on
a
form
prescribed
by
the
attorney
15
general,
in
consultation
with
the
superintendent
of
the
banking
16
division
of
the
department
of
commerce
insurance
and
financial
17
services
,
without
being
subject
to
the
rulemaking
procedures
18
of
chapter
17A
.
19
Sec.
2771.
Section
714F.9,
subsection
1,
Code
2023,
is
20
amended
to
read
as
follows:
21
1.
Remedies.
A
violation
of
this
chapter
is
an
unlawful
22
practice
pursuant
to
section
714.16
,
and
all
the
remedies
of
23
section
714.16
are
available
for
such
an
action.
A
private
24
cause
of
action
brought
under
this
chapter
by
a
foreclosed
25
homeowner
is
in
the
public
interest.
A
foreclosed
homeowner
26
may
bring
an
action
for
a
violation
of
this
chapter
.
If
27
the
court
finds
a
violation
of
this
chapter
,
the
court
shall
28
award
to
the
foreclosed
homeowner
actual
damages,
appropriate
29
equitable
relief,
and
the
costs
of
the
action,
and
shall
30
award
reasonable
fees
to
the
foreclosed
homeowner’s
attorney.
31
Notwithstanding
any
other
provision
of
this
section
,
an
action
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shall
not
be
brought
on
the
basis
of
a
violation
of
this
33
chapter
except
by
a
foreclosed
homeowner
against
whom
the
34
violation
was
committed
or
by
the
attorney
general.
This
35
limitation
does
not
apply
to
administrative
action
by
the
1
superintendent
of
the
banking
division
of
the
department
of
2
commerce
insurance
and
financial
services
.
3
Sec.
2772.
REPEAL.
Section
524.202,
Code
2023,
is
repealed.
4
DIVISION
XVI
5
DEPARTMENT
OF
CORRECTIONS
——
JUDICIAL
DISTRICT
DEPARTMENTS
OF
6
CORRECTIONAL
SERVICES
AND
COMMUNITY-BASED
CORRECTIONAL
PROGRAMS
7
Sec.
2773.
Section
7E.5,
subsection
1,
paragraph
n,
Code
8
2023,
is
amended
to
read
as
follows:
9
n.
The
department
of
corrections,
created
in
section
10
904.102
,
which
has
primary
responsibility
for
corrections
11
administration,
corrections
institutions,
prison
industries,
12
judicial
district
departments
of
correctional
services
and
13
the
development,
funding,
and
monitoring
of
community-based
14
corrections
programs.
15
Sec.
2774.
Section
8D.2,
subsection
5,
paragraph
a,
Code
16
2023,
is
amended
to
read
as
follows:
17
a.
“Public
agency”
means
a
state
agency,
an
institution
18
under
the
control
of
the
board
of
regents,
the
judicial
19
branch
as
provided
in
section
8D.13,
subsection
14
,
a
school
20
corporation,
a
city
library,
a
county
library
as
provided
in
21
chapter
336
,
or
a
judicial
district
department
of
correctional
22
services
established
in
section
905.2
,
to
the
extent
provided
23
in
section
8D.13,
subsection
12
,
an
agency
of
the
federal
24
government,
or
a
United
States
post
office
which
receives
a
25
federal
grant
for
pilot
and
demonstration
projects.
26
Sec.
2775.
Section
80D.1,
subsection
1,
Code
2023,
is
27
amended
to
read
as
follows:
28
1.
The
governing
body
of
a
city,
a
county,
the
state
29
of
Iowa,
or
a
judicial
district
department
of
correctional
30
services
the
Iowa
department
of
corrections
may
provide,
either
31
separately
or
collectively
through
a
chapter
28E
agreement,
for
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the
establishment
of
a
force
of
reserve
peace
officers,
and
may
33
limit
the
size
of
the
reserve
force.
In
the
case
of
the
state,
34
the
department
of
public
safety
shall
act
as
the
governing
35
body.
1
Sec.
2776.
Section
80D.6,
subsection
1,
Code
2023,
is
2
amended
to
read
as
follows:
3
1.
Reserve
peace
officers
shall
serve
as
peace
officers
4
on
the
orders
and
at
the
discretion
of
the
chief
of
police,
5
sheriff,
commissioner
of
public
safety
or
the
commissioner’s
6
designee,
or
director
of
the
judicial
district
department
of
7
correctional
services
Iowa
department
of
corrections
or
the
8
director’s
designee,
as
the
case
may
be.
9
Sec.
2777.
Section
80D.7,
Code
2023,
is
amended
to
read
as
10
follows:
11
80D.7
Carrying
weapons.
12
A
member
of
a
reserve
force
shall
not
carry
a
weapon
in
13
the
line
of
duty
until
the
member
has
been
approved
by
the
14
governing
body
and
certified
by
the
Iowa
law
enforcement
15
academy
council
to
carry
weapons.
After
approval
and
16
certification,
a
reserve
peace
officer
may
carry
a
weapon
in
17
the
line
of
duty
only
when
authorized
by
the
chief
of
police,
18
sheriff,
commissioner
of
public
safety
or
the
commissioner’s
19
designee,
or
director
of
the
judicial
district
department
of
20
correctional
services
Iowa
department
of
corrections
or
the
21
director’s
designee,
as
the
case
may
be.
22
Sec.
2778.
Section
80D.9,
Code
2023,
is
amended
to
read
as
23
follows:
24
80D.9
Supervision
of
reserve
peace
officers.
25
1.
Reserve
peace
officers
shall
be
subordinate
to
regular
26
peace
officers,
shall
not
serve
as
peace
officers
unless
27
under
the
direction
of
regular
peace
officers,
and
shall
28
wear
a
uniform
prescribed
by
the
chief
of
police,
sheriff,
29
commissioner
of
public
safety,
or
director
of
the
judicial
30
district
department
of
correctional
services
Iowa
department
of
31
corrections
unless
that
superior
officer
designates
alternate
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apparel
for
use
when
engaged
in
assignments
involving
special
33
investigation,
civil
process,
court
duties,
jail
duties,
and
34
the
handling
of
mental
patients.
The
reserve
peace
officer
35
shall
not
wear
an
insignia
of
rank.
1
2.
Each
department
for
which
a
reserve
force
is
established
2
shall
appoint
a
certified
peace
officer
as
the
reserve
force
3
coordinating
and
supervising
officer.
A
reserve
peace
4
officer
force
established
in
a
judicial
district
department
of
5
correctional
services
by
the
Iowa
department
of
corrections
6
must
be
directly
supervised
by
a
certified
peace
officer
who
is
7
on
duty.
That
certified
peace
officer
shall
report
directly
8
to
the
chief
of
police,
sheriff,
commissioner
of
public
safety
9
or
the
commissioner’s
designee,
or
director
of
the
judicial
10
district
department
of
correctional
services
Iowa
department
of
11
corrections
or
the
director’s
designee,
as
the
case
may
be.
12
Sec.
2779.
Section
80D.11,
Code
2023,
is
amended
to
read
as
13
follows:
14
80D.11
Employee
——
pay.
15
While
performing
official
duties,
each
reserve
peace
officer
16
shall
be
considered
an
employee
of
the
governing
body
which
the
17
officer
represents
and
shall
be
paid
a
minimum
of
one
dollar
18
per
year.
The
governing
body
of
a
city,
a
county,
the
state,
19
or
a
judicial
district
department
of
correctional
services
the
20
Iowa
department
of
corrections
may
provide
additional
monetary
21
assistance
for
the
purchase
and
maintenance
of
uniforms
and
22
equipment
used
by
reserve
peace
officers.
23
Sec.
2780.
Section
97B.49B,
subsection
1,
paragraph
e,
24
subparagraph
(14),
Code
2023,
is
amended
to
read
as
follows:
25
(14)
An
employee
of
a
judicial
district
the
Iowa
department
26
of
correctional
services
corrections
whose
condition
of
27
employment
requires
the
employee
to
be
certified
by
the
Iowa
28
law
enforcement
academy
and
who
is
required
to
perform
the
29
duties
of
a
parole
officer
as
provided
in
section
906.2
.
30
Sec.
2781.
Section
97B.49B,
subsection
3,
paragraph
f,
Code
31
2023,
is
amended
by
striking
the
paragraph.
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Sec.
2782.
Section
331.211,
subsection
1,
Code
2023,
is
33
amended
to
read
as
follows:
34
1.
The
board,
at
its
first
meeting
in
each
year,
shall
:
35
a.
Organize
by
choosing
choose
one
of
its
members
as
1
chairperson
who
shall
preside
at
all
of
its
meetings
during
the
2
year.
The
board
may
also
select
a
vice
chairperson
who
shall
3
serve
during
the
absence
of
the
chairperson.
4
b.
Choose
one
of
its
members
to
be
a
member
of
the
board
of
5
directors
of
the
judicial
district
department
of
correctional
6
services
as
provided
in
section
905.3,
subsection
1
,
paragraph
7
“a”
,
subparagraph
(1).
8
Sec.
2783.
Section
331.321,
subsection
1,
paragraph
x,
Code
9
2023,
is
amended
by
striking
the
paragraph.
10
Sec.
2784.
Section
904.108,
subsection
1,
paragraph
l,
Code
11
2023,
is
amended
to
read
as
follows:
12
l.
Adopt
rules,
policies,
and
procedures,
subject
to
13
the
approval
of
the
board,
pertaining
to
community-based
14
correctional
programs,
and
the
supervision
of
parole
and
work
15
release.
16
Sec.
2785.
NEW
SECTION
.
904.301A
Appointment
of
directors.
17
The
director
shall
appoint,
subject
to
the
approval
of
the
18
board,
a
director
for
each
judicial
district
department
of
19
correctional
services
established
in
section
905.2.
20
Sec.
2786.
Section
905.1,
Code
2023,
is
amended
to
read
as
21
follows:
22
905.1
Definitions.
23
As
used
in
this
chapter
,
unless
the
context
otherwise
24
requires:
25
1.
“Administrative
agent”
means
the
county
selected
by
the
26
district
board
to
perform
accounting,
budgeting,
personnel,
27
facilities
management,
insurance,
payroll
and
other
supportive
28
services
on
the
behalf
of
the
district
board,
or
the
district
29
department
itself,
if
so
designated
by
the
district
board.
30
2.
1.
“Community-based
correctional
program”
means
31
correctional
programs
and
services,
under
the
direction
of
a
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director
and
the
Iowa
department
of
corrections,
including
33
but
not
limited
to
an
intermediate
criminal
sanctions
program
34
in
accordance
with
the
corrections
continuum
in
section
35
901B.1
,
designed
to
supervise
and
assist
individuals
who
1
are
charged
with
or
have
been
convicted
of
a
felony,
an
2
aggravated
misdemeanor
or
a
serious
misdemeanor,
or
who
3
are
on
probation
or
parole
in
lieu
of
or
as
a
result
of
a
4
sentence
of
incarceration
imposed
upon
conviction
of
any
5
of
these
offenses,
or
who
are
contracted
to
the
district
6
department
for
supervision
and
housing
while
on
work
release.
7
A
community-based
correctional
program
shall
be
designed
by
a
8
district
department
,
under
the
direction
and
control
of
the
9
Iowa
department
of
corrections,
in
a
manner
that
provides
10
services
in
a
manner
free
of
disparities
based
upon
an
11
individual’s
race
or
ethnic
origin.
12
3.
2.
“Director”
means
the
director
of
a
judicial
district
13
department
of
correctional
services
,
appointed
by
the
director
14
of
the
Iowa
department
of
corrections,
and
employed
by
the
Iowa
15
department
of
corrections
.
16
4.
3.
“District
advisory
board”
means
the
advisory
board
17
of
directors
of
a
judicial
district
department
of
correctional
18
services.
19
5.
4.
“District
department”
means
a
judicial
district
20
department
of
correctional
services,
under
the
direction
and
21
control
of
the
Iowa
department
of
corrections,
established
as
22
required
by
section
905.2
.
23
6.
“Project”
means
a
locally
functioning
part
of
a
24
community-based
correctional
program,
officed
and
operating
in
25
a
physical
location
separate
from
the
offices
of
the
district
26
department.
27
7.
“Project
advisory
committee”
means
a
committee
of
no
more
28
than
seven
persons
which
shall
act
in
an
advisory
capacity
to
29
the
director
on
matters
pertaining
to
the
planning,
operation,
30
and
other
pertinent
functions
of
each
project
in
the
judicial
31
district.
The
members
of
the
project
advisory
committee
for
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each
project
shall
be
initially
appointed
by
the
director
33
from
among
the
general
public.
Not
more
than
one
half
of
the
34
project
advisory
committee
shall
hold
public
office
or
public
35
employment
during
membership
on
the
committee.
A
person
who
1
holds
public
office
as
a
county
supervisor
and
serves
on
the
2
board
of
directors
under
section
905.3
shall
not
be
a
member
of
3
a
project
advisory
committee
under
this
section
.
The
terms
of
4
the
initial
members
of
the
project
advisory
committee
shall
be
5
staggered
to
permit
the
terms
of
just
over
half
of
the
members
6
to
expire
in
two
years
and
those
of
the
remaining
members
to
7
expire
in
one
year.
Subsequent
appointments
to
the
project
8
advisory
committee
shall
be
by
vote
of
a
majority
of
the
whole
9
project
advisory
committee
for
two-year
terms.
10
Sec.
2787.
Section
905.2,
Code
2023,
is
amended
to
read
as
11
follows:
12
905.2
District
departments
established.
13
1.
There
is
established
in
each
judicial
district
in
this
14
state
a
public
agency
to
be
known
as
the
“
........
judicial
15
district
department
of
correctional
services.
”
Each
district
16
department
shall
furnish
or
contract
for
those
services
17
necessary
to
provide
a
community-based
correctional
program
18
which
meets
the
needs
of
that
judicial
district
requirements
of
19
the
Iowa
department
of
corrections
.
20
2.
The
district
department
is
under
the
direction
of
a
21
board
of
directors
the
Iowa
department
of
corrections
,
selected
22
as
provided
in
section
905.3
,
and
shall
be
administered
by
a
23
director
employed
by
the
board
Iowa
department
of
corrections
.
24
A
district
department
is
a
state
agency
for
purposes
of
chapter
25
669
.
26
3.
All
employees
of
a
district
department
shall
be
employees
27
of
the
Iowa
department
of
corrections.
28
Sec.
2788.
Section
905.3,
Code
2023,
is
amended
to
read
as
29
follows:
30
905.3
Board
of
directors
——
executive
committee
District
31
advisory
board
——
expenses
reimbursed.
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1.
a.
The
board
of
directors
of
A
district
advisory
board
33
is
established
for
each
district
department
,
which
shall
serve
34
in
an
advisory
capacity
to
a
director
without
compensation,
and
35
shall
be
composed
as
follows:
1
(1)
One
member
shall
be
chosen
appointed
annually
by
a
2
director
from
and
by
the
board
of
supervisors
of
each
county
3
in
the
judicial
district
and
shall
be
so
designated
annually
4
by
the
respective
boards
of
supervisors
at
the
organizational
5
meetings
held
under
section
331.211
.
6
(2)
One
member
shall
be
chosen
from
each
of
the
project
7
advisory
committees
within
the
judicial
district,
which
person
8
shall
be
designated
annually,
no
later
than
January
15,
by
and
9
from
the
project
advisory
committee.
However,
in
lieu
of
the
10
designation
of
project
advisory
committee
members
as
members
of
11
the
district
board,
the
district
board
may
The
director
shall
12
on
or
before
December
31
appoint
two
citizen
members
to
serve
13
on
the
district
advisory
board
for
the
following
calendar
year.
14
(3)
A
number
of
members
equal
to
the
number
of
authorized
15
board
members
from
project
advisory
committees
or
equal
to
the
16
number
of
citizen
members
shall
be
appointed
by
the
chief
judge
17
of
the
judicial
district
no
later
than
January
15
of
each
year
18
on
or
before
December
31
to
serve
on
the
district
advisory
19
board
for
the
following
calendar
year
.
20
b.
Within
thirty
days
after
the
members
of
the
district
21
board
have
been
so
designated
for
the
year,
the
district
22
board
shall
organize
by
election
of
a
chairperson,
a
vice
23
chairperson,
and
members
of
the
executive
committee
as
required
24
by
subsection
2
.
The
district
advisory
board
shall
meet
at
25
least
not
more
often
than
quarterly
during
the
calendar
year
26
but
may
meet
more
frequently
upon
the
call
of
the
chairperson
27
or
upon
a
call
signed
by
a
majority,
determined
by
weighted
28
vote
computed
as
in
subsection
4
,
of
the
members
of
the
board
.
29
2.
Each
district
board
shall
have
an
executive
committee
30
consisting
of
the
chairperson
and
vice
chairperson
and
at
31
least
one
but
no
more
than
five
other
members
of
the
district
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board.
Either
the
chairperson
or
the
vice
chairperson
shall
33
be
a
supervisor,
and
the
remaining
representation
on
the
34
executive
committee
shall
be
divided
as
equally
as
possible
35
among
supervisor
members,
project
advisory
committee
members
1
or
citizen
members,
and
judicially
appointed
members.
The
2
executive
committee
may
exercise
all
of
the
powers
and
3
discharge
all
of
the
duties
of
the
district
board,
as
4
prescribed
by
this
chapter
,
except
those
specifically
withheld
5
from
the
executive
committee
by
action
of
the
district
board.
6
3.
2.
The
members
of
the
district
advisory
board
and
of
7
the
executive
committee
shall
be
reimbursed
from
funds
of
the
8
district
department
for
travel
and
other
expenses
necessarily
9
incurred
in
attending
meetings
of
those
bodies,
or
while
10
otherwise
engaged
on
business
of
the
district
department
.
11
4.
Each
member
of
the
district
board
shall
have
one
vote
12
on
the
board.
However,
upon
the
request
of
any
supervisory
13
member,
the
vote
on
any
matter
before
the
board
shall
be
14
taken
by
weighted
vote.
In
each
such
case,
the
vote
of
the
15
supervisor
representative
of
the
least
populous
county
in
the
16
judicial
district
shall
have
a
weight
of
one
unit,
and
the
vote
17
of
each
of
the
other
supervisor
members
shall
have
a
weight
18
which
bears
the
same
proportion
to
one
unit
as
the
population
19
of
the
county
that
supervisor
member
represents
bears
to
the
20
population
of
the
least
populous
county
in
the
district.
In
21
the
event
of
weighted
vote,
the
vote
of
each
member
appointed
22
from
a
project
advisory
committee
or
of
each
citizen
member
and
23
of
each
judicially
appointed
member
shall
have
a
weight
of
one
24
unit.
25
Sec.
2789.
Section
905.4,
Code
2023,
is
amended
to
read
as
26
follows:
27
905.4
Duties
of
the
district
advisory
board.
28
The
district
advisory
board
shall:
29
1.
Adopt
bylaws
and
rules
for
the
conduct
of
its
own
30
business
and
for
the
government
of
the
district
department’s
31
community-based
correctional
program
.
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2.
Employ
a
director
having
the
qualifications
required
by
33
section
905.6
to
head
the
district
department’s
community-based
34
correctional
program
and,
within
a
range
established
by
the
35
Iowa
department
of
corrections,
fix
the
compensation
of
and
1
have
control
over
the
director
and
the
district
department’s
2
staff.
For
purposes
of
collective
bargaining
under
chapter
3
20
,
employees
of
the
district
board
who
are
not
exempt
from
4
chapter
20
are
employees
of
the
state,
and
the
employees
of
all
5
of
the
district
boards
shall
be
included
within
one
collective
6
bargaining
unit.
7
3.
Designate
one
of
the
counties
in
the
judicial
district
8
to
serve
as
the
district
department’s
administrative
agent
9
to
provide,
in
that
capacity,
all
accounting,
personnel,
10
facilities
management
and
supportive
services
needed
by
the
11
district
department,
on
terms
mutually
agreeable
in
regard
12
to
advancement
of
funds
to
the
county
for
the
added
expense
13
it
incurs
as
a
result
of
being
so
designated.
However,
the
14
district
board
may
designate
the
district
department
itself
as
15
the
district
department’s
administrative
agent,
if
the
district
16
board
determines
that
it
would
be
more
efficient
and
less
17
costly
than
designating
a
county
as
the
administrative
agent.
18
4.
File
with
the
board
of
supervisors
of
each
county
in
the
19
district
and
with
the
Iowa
department
of
corrections,
within
20
ninety
days
after
the
close
of
each
fiscal
year,
a
report
21
covering
the
district
board’s
proceedings
and
a
statement
of
22
receipts
and
expenditures
during
the
preceding
fiscal
year.
23
5.
2.
Arrange
for,
by
contract
or
on
such
alternative
24
basis
as
may
be
mutually
acceptable,
and
equip
Advise
the
25
director
concerning
suitable
quarters
at
one
or
more
sites
in
26
the
district
as
may
be
necessary
for
the
district
department’s
27
community-based
correctional
program
,
provided
that
the
28
board
shall
to
the
greatest
extent
feasible
utilize
existing
29
facilities
and
shall
keep
capital
expenditures
for
acquisition,
30
renovation
and
repair
of
facilities
to
a
minimum.
The
31
district
board
shall
not
enter
into
lease-purchase
agreements
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for
the
purposes
of
constructing,
renovating,
expanding,
or
33
otherwise
improving
a
community-based
correctional
facility
or
34
office
unless
express
authorization
has
been
granted
by
the
35
general
assembly,
and
current
funding
is
adequate
to
meet
the
1
lease-purchase
obligation
.
2
6.
Have
authority
to
accept
property
by
gift,
devise,
3
bequest
or
otherwise
and
to
sell
or
exchange
any
property
4
so
accepted
and
apply
the
proceeds
thereof,
or
the
property
5
received
in
exchange
therefor,
to
the
purposes
enumerated
in
6
subsection
5
.
7
7.
3.
Recruit
,
and
promote
,
accept
and
use
local
financial
8
support
for
the
district
department’s
community-based
9
correctional
program
from
private
sources
such
as
community
10
service
funds,
business,
industrial
and
private
foundations,
11
voluntary
agencies
and
other
lawful
sources.
12
8.
Accept
and
expend
state
and
federal
funds
available
13
directly
to
the
district
department
for
all
or
any
part
of
the
14
cost
of
its
community-based
correctional
program.
15
9.
Arrange,
by
contract
or
on
an
alternative
basis
mutually
16
acceptable,
and
with
approval
of
the
director
of
the
Iowa
17
department
of
corrections
or
that
director’s
designee
for
18
utilization
of
existing
local
treatment
and
service
resources,
19
including
but
not
limited
to
employment,
job
training,
20
general,
special,
or
remedial
education;
psychiatric
and
21
marriage
counseling;
and
alcohol
and
drug
abuse
treatment
and
22
counseling.
It
is
the
intent
of
this
chapter
that
a
district
23
board
shall
approve
the
development
and
maintenance
of
such
24
resources
by
its
own
staff
only
if
the
resources
are
otherwise
25
unavailable
to
the
district
department
within
reasonable
26
proximity
to
the
community
where
these
services
are
needed
in
27
connection
with
the
community-based
correctional
program.
28
10.
Establish
a
project
advisory
committee
to
act
in
an
29
advisory
capacity
on
matters
pertaining
to
the
planning,
30
operation,
and
other
pertinent
functions
of
each
project
in
the
31
judicial
district.
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11.
Have
authority
to
establish
a
force
of
reserve
peace
33
officers,
either
separately
or
collectively
through
a
chapter
34
28E
agreement,
as
provided
in
chapter
80D
.
35
Sec.
2790.
Section
905.6,
Code
2023,
is
amended
to
read
as
1
follows:
2
905.6
Duties
of
director.
3
The
director
employed
by
the
district
board
under
section
4
905.4,
subsection
2
,
Iowa
department
of
corrections
shall
be
5
qualified
in
the
administration
of
correctional
programs.
The
6
director
shall:
7
1.
Perform
the
duties
and
have
the
responsibilities
8
delegated
by
the
district
board
or
specified
by
the
Iowa
9
department
of
corrections
pursuant
to
this
chapter
.
10
2.
Manage
the
district
department’s
community-based
11
correctional
program,
in
accordance
with
the
policies
of
the
12
district
board
and
the
Iowa
department
of
corrections.
13
3.
Employ,
with
approval
of
the
district
board
Iowa
14
department
of
corrections
,
and
supervise
the
employees
of
the
15
district
department,
including
reserve
peace
officers,
if
a
16
force
of
reserve
peace
officers
has
been
established.
17
4.
Prepare
all
budgets
and
fiscal
documents,
and
certify
18
for
payment
all
expenses
and
payrolls
lawfully
incurred
by
19
the
district
department.
The
director
may
invest
funds
which
20
are
not
needed
for
current
expenses,
jointly
with
one
or
more
21
cities,
city
utilities,
counties,
or
rural
water
districts
22
created
under
chapter
357A
pursuant
to
a
joint
investment
23
agreement.
All
investment
of
funds
shall
be
subject
to
24
sections
12B.10
and
12B.10A
and
other
applicable
law.
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
district
board
Iowa
department
30
of
corrections
a
plan
for
the
establishment,
implementation,
31
and
operation
of
a
community-based
correctional
program
in
that
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judicial
district,
which
program
conforms
to
the
guidelines
33
drawn
up
by
the
Iowa
department
of
corrections
under
this
34
chapter
and
which
conform
to
rules,
policies,
and
procedures
35
pertaining
to
the
supervision
of
parole
and
work
release
1
adopted
by
the
director
of
the
Iowa
department
of
corrections
2
concerning
the
community-based
correctional
program.
3
7.
Negotiate
and,
upon
approval
by
the
district
board
4
Iowa
department
of
corrections
,
implement
contracts
or
other
5
arrangements
for
utilization
of
local
treatment
and
service
6
resources
authorized
by
section
905.4,
subsection
9
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
or
21
more
sites
in
the
district
as
may
be
necessary
for
the
district
22
department’s
community-based
correctional
program,
provided
23
that
the
director
shall
to
the
greatest
extent
feasible
utilize
24
existing
facilities
and
shall
keep
capital
expenditures
for
25
acquisition,
renovation,
and
repair
of
facilities
to
a
minimum.
26
The
director
shall
not
enter
into
lease-purchase
agreements
27
for
the
purposes
of
constructing,
renovating,
expanding,
or
28
otherwise
improving
a
community-based
correctional
facility
or
29
office
unless
express
authorization
has
been
granted
by
the
30
general
assembly,
and
current
funding
is
adequate
to
meet
the
31
lease-purchase
obligation.
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12.
Have
authority
to
accept
property
by
gift,
devise,
33
bequest,
or
otherwise,
and
to
sell
or
exchange
any
property
34
so
accepted
and
apply
the
proceeds
thereof,
or
the
property
35
received
in
exchange
therefor,
to
the
purposes
enumerated
in
1
subsection
11.
2
13.
Recruit,
promote,
accept,
and
use
local
financial
3
support
for
the
district
department’s
community-based
4
correctional
program
from
private
sources
such
as
community
5
service
funds,
business,
industrial
and
private
foundations,
6
voluntary
agencies,
and
other
lawful
sources.
7
14.
Accept
and
expend
state
and
federal
funds
available
8
directly
to
the
district
department
for
all
or
any
part
of
the
9
cost
of
its
community-based
correctional
program.
10
15.
Arrange,
by
contract
or
on
an
alternative
basis
mutually
11
acceptable,
and
with
approval
of
the
director
of
the
Iowa
12
department
of
corrections
or
that
director’s
designee
for
13
utilization
of
existing
local
treatment
and
service
resources,
14
including
but
not
limited
to
employment,
job
training,
15
general,
special,
or
remedial
education;
psychiatric
and
16
marriage
counseling;
and
alcohol
and
drug
abuse
treatment
and
17
counseling.
18
16.
Have
authority
to
establish
a
force
of
reserve
peace
19
officers,
either
separately
or
collectively
through
a
chapter
20
28E
agreement,
as
provided
in
chapter
80D.
21
Sec.
2791.
Section
905.9,
Code
2023,
is
amended
to
read
as
22
follows:
23
905.9
Report
of
review
——
sanction.
24
Upon
completion
of
a
review
of
a
district
community-based
25
correctional
program,
made
under
section
905.8
,
the
Iowa
26
department
of
corrections
shall
submit
its
findings
to
the
27
district
advisory
board
in
writing.
If
the
Iowa
department
28
of
corrections
concludes
that
the
district
department’s
29
community-based
correctional
program
fails
to
meet
any
of
the
30
requirements
of
this
chapter
and
of
the
guidelines
adopted
31
under
section
905.7
,
it
shall
also
request
in
writing
a
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response
to
this
finding
from
the
district
advisory
board.
33
If
a
response
is
not
received
within
sixty
days
after
the
34
date
of
that
request,
or
if
the
response
is
unsatisfactory,
35
the
Iowa
department
of
corrections
may
call
a
public
hearing
1
on
the
matter.
If
after
the
hearing,
the
Iowa
department
2
of
corrections
is
not
satisfied
that
the
district’s
3
community-based
correctional
program
will
expeditiously
be
4
brought
into
compliance
with
the
requirements
of
this
chapter
5
and
of
the
guidelines
adopted
under
section
905.7
,
it
may
6
assume
responsibility
for
administration
of
the
district’s
7
community-based
correctional
program
on
an
interim
basis.
8
Sec.
2792.
REPEAL.
Section
905.5,
Code
2023,
is
repealed.
9
Sec.
2793.
TRANSITION
PROVISIONS.
10
1.
Any
rule
promulgated
by
a
district
board
of
a
judicial
11
district
department
of
correctional
services
as
required
to
12
administer
and
enforce
the
provisions
of
chapter
905
shall
13
continue
in
full
force
and
effect
until
amended,
repealed,
or
14
supplemented
by
affirmative
action
of
the
Iowa
department
of
15
corrections.
16
2.
Any
contract
entered
into
by
a
district
board
of
a
17
judicial
district
department
of
correctional
services
relating
18
to
the
provisions
of
chapter
905
in
effect
on
the
effective
19
date
of
this
Act
shall
continue
in
full
force
and
effect
20
pending
transfer
of
such
contract
to
the
Iowa
department
of
21
corrections.
22
3.
Any
moneys
remaining
in
any
account
or
fund
under
the
23
control
of
a
district
board
of
a
judicial
district
department
24
of
correctional
services
on
the
effective
date
of
this
division
25
of
this
Act
and
relating
to
the
provisions
of
this
division
of
26
this
Act
shall
be
transferred
to
a
comparable
fund
or
account
27
under
the
control
of
the
Iowa
department
of
corrections.
28
Notwithstanding
section
8.33,
the
moneys
transferred
in
29
accordance
with
this
subsection
shall
not
revert
to
the
account
30
or
fund
from
which
appropriated
or
transferred.
31
Sec.
2794.
TRANSITION
——
APPOINTMENT
AND
TERM
OF
DISTRICT
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BOARD
MEMBERS.
This
division
of
this
Act
shall
not
affect
the
33
appointment
or
term
of
a
member
serving
on
a
district
board
34
of
a
judicial
district
department
of
correctional
services
35
immediately
prior
to
the
effective
date
of
this
division
of
1
this
Act.
2
Sec.
2795.
APPLICABILITY
——
VIOLATION
OF
CONDITIONS
OF
3
PAROLE
OR
PROBATION.
4
1.
This
division
of
this
Act
shall
not
be
construed
to
5
affect
a
district
department,
probation
officer,
or
parole
6
officer’s
authority,
having
probable
cause,
to
arrest
a
person
7
on
probation
or
parole
that
is
believed
to
have
violated
the
8
conditions
of
supervision,
consistent
with
sections
907.2,
9
907.6,
908.1,
and
908.11,
and
any
administrative
rules
10
promulgated
thereunder.
11
2.
This
division
of
this
Act
shall
not
be
construed
to
12
affect
a
district
department’s
ability
to
establish
probation
13
conditions
that
meet
the
approval
of
the
chief
judge
of
the
14
district,
consistent
with
section
907.6
and
any
administrative
15
rules
promulgated
thereunder.
16
3.
This
division
of
this
Act
shall
not
be
construed
to
17
affect
the
authority
of
the
board
of
parole
to
establish
and
18
approve
standard
parole
conditions.
19
DIVISION
XVII
20
BOARD
OF
PAROLE
21
Sec.
2796.
Section
904A.1,
Code
2023,
is
amended
to
read
as
22
follows:
23
904A.1
Board
of
parole
——
organization
.
24
1.
The
board
of
parole
is
created
to
consist
of
five
25
members.
Each
member
,
except
the
chairperson
and
the
vice
26
chairperson,
shall
be
compensated
on
a
day-to-day
basis
shall
27
be
appointed
by
the
governor
subject
to
confirmation
by
the
28
senate
.
Each
member
shall
serve
a
term
of
four
years
beginning
29
and
ending
as
provided
by
section
69.19
,
except
for
members
30
appointed
to
fill
vacancies
who
shall
serve
for
the
balance
31
of
the
unexpired
term.
The
terms
shall
be
staggered.
The
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chairperson
and
vice
chairperson
All
members
of
the
board
shall
33
be
full-time,
salaried
members
of
the
board
.
A
majority
of
the
34
members
of
the
board
constitutes
a
quorum
to
transact
business.
35
2.
The
governor
shall
appoint
a
member
of
the
board
as
1
the
chairperson
of
the
board,
subject
to
confirmation
by
the
2
senate.
The
appointment
as
chairperson
shall
serve
at
the
3
pleasure
of
the
governor.
4
Sec.
2797.
Section
904A.6,
Code
2023,
is
amended
to
read
as
5
follows:
6
904A.6
Salaries
and
expenses.
7
Each
member
,
except
the
chairperson
and
the
vice
8
chairperson,
of
the
board
shall
be
paid
per
diem
as
determined
9
by
the
general
assembly.
The
chairperson
and
vice
chairperson
10
of
the
board
shall
be
paid
a
salary
as
determined
by
the
11
general
assembly.
Each
member
of
the
board
and
all
employees
12
are
entitled
to
receive,
in
addition
to
their
per
diem
or
13
salary,
their
necessary
maintenance
and
travel
expenses
while
14
engaged
in
official
business.
15
Sec.
2798.
REPEAL.
Sections
904A.2A
and
904A.3,
Code
2023,
16
are
repealed.
17
Sec.
2799.
TRANSITION
——
APPOINTMENT
AND
TERM
OF
BOARD
OF
18
PAROLE
MEMBERS.
This
division
of
this
Act
shall
not
affect
the
19
appointment
or
term
of
a
member
serving
on
the
board
of
parole
20
immediately
prior
to
the
effective
date
of
this
division
of
21
this
Act.
22
DIVISION
XVIII
23
SALARIES
OF
APPOINTED
STATE
OFFICERS
24
Sec.
2800.
APPOINTED
STATE
OFFICERS
——
SALARY
RANGES.
25
1.
Unless
otherwise
provided
by
law,
the
governor
shall
26
establish
a
salary
for
nonelected
persons
appointed
by
the
27
governor
within
the
executive
branch
of
state
government.
28
In
establishing
a
salary
for
a
person
holding
a
position
29
enumerated
in
subsection
3
within
the
range
provided,
the
30
governor
may
consider,
among
other
items,
the
experience
of
31
the
person
in
the
position,
changes
in
the
duties
of
the
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position,
the
incumbent’s
performance
of
assigned
duties,
33
and
subordinates’
salaries.
However,
the
attorney
general
34
shall
establish
the
salary
of
the
consumer
advocate,
the
35
chief
justice
of
the
supreme
court
shall
establish
the
salary
1
of
the
state
court
administrator,
the
ethics
and
campaign
2
disclosure
board
shall
establish
the
salary
of
the
executive
3
director,
the
Iowa
public
information
board
shall
establish
4
the
salary
of
the
executive
director,
the
board
of
regents
5
shall
establish
the
salary
of
the
executive
director,
and
the
6
Iowa
public
broadcasting
board
shall
establish
the
salary
of
7
the
administrator
of
the
public
broadcasting
division
of
the
8
department
of
education,
each
within
the
salary
range
provided
9
in
subsection
3.
10
2.
A
person
whose
salary
is
established
pursuant
to
this
11
section
and
who
is
a
full-time,
year-round
employee
of
the
12
state
shall
not
receive
any
other
remuneration
from
the
state
13
or
from
any
other
source
for
the
performance
of
that
person’s
14
duties
unless
the
additional
remuneration
is
first
approved
by
15
the
governor
or
authorized
by
law.
However,
this
subsection
16
does
not
apply
to
reimbursement
for
necessary
travel
and
17
expenses
incurred
in
the
performance
of
duties
or
fringe
18
benefits
normally
provided
to
employees
of
the
state.
19
3.
a.
The
following
annual
salary
ranges
for
appointed
20
state
officers
are
effective
for
the
positions
specified
in
21
this
subsection
for
the
fiscal
year
beginning
July
1,
2023,
22
effective
for
the
pay
period
beginning
June
23,
2023,
and
23
for
subsequent
fiscal
years
until
otherwise
provided
by
the
24
general
assembly.
The
governor
or
other
person
designated
25
in
subsection
1
shall
determine
the
salary
to
be
paid
to
the
26
person
indicated
at
a
rate
within
the
applicable
salary
range
27
from
moneys
appropriated
by
the
general
assembly
for
that
28
purpose.
29
SALARY
RANGE
Minimum
Maximum
30
(1)
Range
4
.
.
.
.
.
.
$
63,690
$
97,460
31
(2)
Range
5
.
.
.
.
.
.
$
73,250
$112,070
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(3)
Range
6
.
.
.
.
.
.
$
84,240
$128,890
33
(4)
Range
7
.
.
.
.
.
.
$100,840
$154,300
34
b.
The
following
are
range
4
positions:
chairperson
and
35
members
of
the
employment
appeal
board
of
the
department
of
1
inspections,
appeals,
and
licensing,
director
of
the
Iowa
state
2
civil
rights
commission,
director
of
the
department
for
the
3
blind,
executive
director
of
the
ethics
and
campaign
disclosure
4
board,
executive
director
of
the
Iowa
public
information
board,
5
and
chairperson,
vice
chairperson,
and
members
of
the
board
of
6
parole.
7
c.
The
following
are
range
5
positions:
state
public
8
defender,
labor
commissioner,
workers’
compensation
9
commissioner,
director
of
the
law
enforcement
academy,
and
10
executive
director
of
the
public
employment
relations
board.
11
d.
The
following
are
range
6
positions:
superintendent
of
12
banking,
superintendent
of
credit
unions,
consumer
advocate,
13
and
chairperson
and
members
of
the
utilities
board.
14
e.
The
following
are
range
7
positions:
administrator
15
of
the
public
broadcasting
division
of
the
department
of
16
education,
executive
director
of
the
Iowa
telecommunications
17
and
technology
commission,
executive
director
of
the
state
18
board
of
regents,
lottery
administrator
of
the
department
of
19
revenue,
and
state
court
administrator.
20
Sec.
2801.
Section
8A.102,
subsection
2,
Code
2023,
is
21
amended
to
read
as
follows:
22
2.
The
person
appointed
as
director
shall
be
professionally
23
qualified
by
education
and
have
no
less
than
five
years’
24
experience
in
the
field
of
management,
public
or
private
sector
25
personnel
administration
including
the
application
of
merit
26
principles
in
employment,
financial
management,
and
policy
27
development
and
implementation.
The
appointment
shall
be
made
28
without
regard
for
political
affiliation.
The
director
shall
29
not
be
a
member
of
any
local,
state,
or
national
committee
30
of
a
political
party,
an
officer
or
member
of
a
committee
in
31
any
partisan
political
club
or
organization,
or
hold
or
be
a
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candidate
for
a
paid
elective
public
office.
The
director
is
33
subject
to
the
restrictions
on
political
activity
provided
34
in
section
8A.416
.
The
governor
shall
set
the
salary
of
the
35
director
within
pay
grade
nine
.
1
Sec.
2802.
Section
80.2,
Code
2023,
is
amended
to
read
as
2
follows:
3
80.2
Commissioner
——
appointment.
4
The
chief
executive
officer
of
the
department
of
public
5
safety
is
the
commissioner
of
public
safety.
The
governor
6
shall
appoint,
subject
to
confirmation
by
the
senate,
a
7
commissioner
of
public
safety,
who
shall
be
a
person
of
8
high
moral
character,
of
good
standing
in
the
community
in
9
which
the
commissioner
lives,
of
recognized
executive
and
10
administrative
capacity,
and
who
shall
not
be
selected
on
the
11
basis
of
political
affiliation.
The
commissioner
of
public
12
safety
shall
devote
full
time
to
the
duties
of
this
office;
the
13
commissioner
shall
not
engage
in
any
other
trade,
business,
or
14
profession,
nor
engage
in
any
partisan
or
political
activity.
15
The
commissioner
shall
serve
at
the
pleasure
of
the
governor
,
16
at
an
annual
salary
as
fixed
by
the
general
assembly
.
17
Sec.
2803.
Section
84A.1,
subsection
2,
paragraph
b,
Code
18
2023,
is
amended
to
read
as
follows:
19
b.
The
governor
shall
set
the
salary
of
the
director
20
within
the
applicable
salary
range
established
by
the
general
21
assembly
.
22
Sec.
2804.
Section
256.10,
subsection
1,
Code
2023,
is
23
amended
to
read
as
follows:
24
1.
The
salary
of
the
director
shall
be
fixed
by
the
governor
25
within
a
range
established
by
the
general
assembly
.
26
Sec.
2805.
Section
307.11,
subsection
2,
Code
2023,
is
27
amended
to
read
as
follows:
28
2.
The
director
shall
receive
a
salary
as
fixed
by
the
29
governor
within
a
salary
range
set
by
the
general
assembly
.
30
Sec.
2806.
Section
455A.3,
Code
2023,
is
amended
to
read
as
31
follows:
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455A.3
Director
——
qualifications.
33
The
chief
administrative
officer
of
the
department
is
34
the
director
who
shall
be
appointed
by
the
governor,
subject
35
to
confirmation
of
the
senate,
and
serve
at
the
governor’s
1
pleasure.
The
governor
shall
make
the
appointment
based
on
2
the
appointee’s
training,
experience,
and
capabilities.
The
3
director
shall
be
knowledgeable
in
the
general
field
of
natural
4
resource
management
and
environmental
protection.
The
salary
5
of
the
director
shall
be
fixed
by
the
governor
within
salary
6
guidelines
or
a
range
established
by
the
general
assembly
.
7
Sec.
2807.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
8
effect
June
23,
2023.
9
DIVISION
XIX
10
BOARDS
AND
COMMISSIONS
11
Sec.
2808.
BOARDS
AND
COMMISSIONS
REVIEW
COMMITTEE
——
12
REPORT.
13
1.
A
boards
and
commissions
review
committee
shall
be
14
established
to
study
the
efficiency
and
effectiveness
of
each
15
board,
council,
commission,
committee,
or
other
similar
entity
16
of
the
state
established
by
the
Code.
The
committee
shall
17
evaluate
the
extent
to
which
the
goals
and
objectives
of
those
18
entities
are
currently
being
met
and
make
recommendations
for
19
the
continuation,
elimination,
consolidation,
or
reorganization
20
of
those
entities
as
needed.
21
2.
The
committee
shall
consist
of
six
voting
members
and
22
four
ex
officio,
nonvoting
members.
23
a.
The
voting
members
of
the
committee
shall
be
composed
of
24
all
of
the
following:
25
(1)
One
staff
member
of
the
governor’s
office,
appointed
by
26
the
governor.
27
(2)
The
administrative
rules
coordinator
or
the
28
coordinator’s
designee.
29
(3)
The
director
of
the
department
of
management
or
the
30
director’s
designee.
31
(4)
The
director
of
the
department
of
inspections,
appeals,
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and
licensing
or
the
director’s
designee.
33
(5)
One
assistant
attorney
general,
appointed
by
the
34
governor
upon
recommendation
of
the
attorney
general.
35
(6)
One
member
of
the
public,
appointed
by
the
governor.
1
b.
The
ex
officio,
nonvoting
members
of
the
committee
shall
2
be
two
state
representatives,
one
appointed
by
the
speaker
of
3
the
house
of
representatives
and
one
by
the
minority
leader
4
of
the
house
of
representatives,
and
two
state
senators,
one
5
appointed
by
the
majority
leader
of
the
senate
and
one
by
the
6
minority
leader
of
the
senate.
7
3.
The
office
of
the
governor
shall
provide
staffing
for
8
the
committee.
The
committee
may
seek
the
expertise
and
9
services
of
individuals
or
entities
outside
of
its
membership
10
for
research,
advice,
consultation,
support,
or
other
needs
in
11
furtherance
of
its
responsibilities.
12
4.
The
committee
shall
submit
a
report
containing
its
13
findings
and
recommendations
to
the
governor
and
the
general
14
assembly
on
or
before
September
30,
2023.
15
5.
All
departments,
agencies,
boards,
councils,
16
commissions,
committees,
or
other
similar
entity
of
the
17
state
established
by
the
Code
shall
cooperate
fully
with
the
18
committee
in
its
review
process.
19
6.
This
section
is
repealed
January
1,
2024.
20
DIVISION
XX
21
MISCELLANEOUS
PROVISIONS
22
Sec.
2809.
IRRECONCILABLE
AMENDMENTS.
If
an
amendment
23
to
a
statute
in
this
Act
is
irreconcilable
with
an
amendment
24
made
to
the
same
statute
that
is
contained
in
division
I
of
25
this
Act
that
implements
the
transition
of
the
department
of
26
human
services
and
the
department
of
public
health
into
the
27
department
of
health
and
human
services
as
required
in
2022
28
Iowa
Acts,
chapter
1131,
section
51,
the
amendment
to
the
29
statute
that
is
not
contained
in
division
I
of
this
Act
shall
30
prevail
over
and
shall
be
codified
instead
of
the
amendment
31
to
the
same
statute
that
is
contained
in
division
I
of
this
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Act
that
implements
the
transition
of
the
department
of
33
human
services
and
the
department
of
public
health
into
the
34
department
of
health
and
human
services.
35
Sec.
2810.
TRANSITION
PROVISIONS.
1
1.
Administrative
rules.
2
a.
Any
rule,
regulation,
form,
order,
or
directive
3
promulgated
by
any
state
agency
mentioned
in
this
Act,
4
including
any
agency
abolished,
merged,
or
altered
in
this
Act,
5
and
in
effect
on
July
1,
2023,
shall
continue
in
full
force
and
6
effect
until
amended,
repealed,
or
supplemented
by
affirmative
7
action
of
the
appropriate
state
agency
under
the
duties
and
8
powers
of
state
agencies
as
established
in
this
Act
and
under
9
the
procedure
established
in
paragraph
“b”,
if
applicable.
10
b.
In
regard
to
updating
references
and
format
in
the
11
Iowa
administrative
code
in
order
to
correspond
to
the
12
restructuring
of
state
government
as
established
in
this
Act,
13
the
administrative
rules
coordinator
and
the
administrative
14
rules
review
committee,
in
consultation
with
the
administrative
15
code
editor,
shall
jointly
develop
a
schedule
for
the
necessary
16
updating
of
the
Iowa
administrative
code.
17
2.
Legal
obligations.
18
a.
Any
license
or
permit
issued
by
any
state
agency
19
mentioned
in
this
Act,
including
any
agency
abolished,
merged,
20
or
altered
in
this
Act,
and
in
effect
on
July
1,
2023,
shall
21
continue
in
full
force
and
effect
until
expiration
or
renewal.
22
b.
Any
loan,
grant,
or
item
of
value
awarded,
or
contract
23
entered
into,
as
of
July
1,
2023,
by
any
state
agency
mentioned
24
in
this
Act,
including
any
agency
abolished,
merged,
or
altered
25
in
this
Act,
shall
continue
in
full
force
and
effect
pursuant
26
to
the
terms
of
the
award
of
such
loan,
grant,
item
of
value,
27
or
contract.
28
3.
Funds.
Any
funds
in
any
account
or
fund
that
is
29
altered
in
this
Act,
or
of
a
state
agency
abolished,
merged,
30
or
altered
in
this
Act,
shall
be
transferred
to
the
comparable
31
fund
or
account
or
state
agency
as
provided
by
this
Act.
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Notwithstanding
section
8.33,
moneys
transferred
in
accordance
33
with
this
subsection
shall
not
revert
to
the
account
or
fund
34
from
which
appropriated
or
transferred.
35
4.
Litigation.
Any
administrative
hearing,
cause
of
1
action,
or
statute
of
limitation
relating
to
a
state
agency
2
transferred
to
another
state
agency
as
provided
by
this
Act
3
shall
not
be
affected
as
a
result
of
the
transfer
and
such
4
cause
or
statute
of
limitation
shall
apply
to
the
successor
5
state
agency.
6
5.
Boards
and
commissions.
The
holder
of
any
position
of
7
membership
on
any
board,
committee,
commission,
or
council
in
8
state
government
shall
continue
to
hold
such
position
until
9
the
end
of
the
member’s
term
of
office,
notwithstanding
any
10
change
in
the
name
or
organizational
location
of
such
board,
11
committee,
commission,
or
council
that
is
made
by
this
Act.
12
6.
Signs
and
insignia.
Any
replacement
of
signs,
logos,
13
stationery,
insignia,
uniforms,
and
related
items
that
is
made
14
due
to
the
effect
of
this
Act
should
be
done
as
part
of
the
15
normal
replacement
cycle
for
such
items.
16
Sec.
2811.
APPLICABILITY.
The
transition
provisions
in
17
this
division
of
this
Act,
to
the
extent
not
inconsistent
with
18
alternative
provisions
specifically
provided
by
law
or
this
19
Act,
shall
apply
to
this
Act.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
organization,
structure,
and
24
functions
of
state
government.
The
bill
is
organized
by
25
divisions.
26
DIVISION
I
——
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES.
This
27
division
provides
the
legislative
changes
for
the
realignment
28
of
the
department
of
human
services
(DHS)
and
department
of
29
public
health
(DPH)
into
the
department
of
health
and
human
30
services
(HHS),
as
necessary,
for
consideration
by
the
general
31
assembly
during
the
2023
legislative
session
to
implement
the
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realignment
effective
July
1,
2023,
as
required
by
2022
Iowa
33
Acts,
chapter
1131,
section
51,
subsection
6,
paragraph
“a”.
34
In
addition,
the
bill
incorporates
into
HHS
the
department
35
on
aging
(DOA),
the
department
of
human
rights
(DHR),
early
1
childhood
Iowa,
and
the
Iowa
commission
on
volunteer
services.
2
The
bill
eliminates
references
to
the
subunit
structure
3
and
the
heads
of
such
subunits
of
HHS
and
other
agencies
4
incorporated
into
HHS
below
the
department
level,
including
5
divisions,
bureaus,
and
administrators.
Some
of
these
include
6
the
center
for
rural
health
and
primary
care,
the
center
7
for
congenital
and
inherited
disorders,
the
oral
health
and
8
delivery
systems
bureau,
the
division
of
tobacco
use
prevention
9
and
control,
the
division
for
records
and
statistics,
the
10
bureau
of
professional
licensure,
the
division
of
acute
disease
11
prevention
and
emergency
response,
the
division
of
mental
12
health
and
disability
services,
the
administrator
assigned
to
13
control
the
state
mental
health
institutes
and
state
resource
14
centers,
the
administrator
of
mental
health
and
disability
15
services,
the
division
to
which
the
director
of
DHS
had
16
assigned
responsibility
for
income
and
service
programs,
the
17
administrator
of
the
child
support
recovery
unit,
and
the
18
division
of
adult,
children,
and
family
services.
Instead,
19
the
references
are
changed
so
that
HHS,
the
director
of
HHS,
20
or
a
designee
is
responsible
for
these
functions.
The
bill
21
authorizes
the
director
of
HHS
to
organize
HHS
into
subunits
as
22
necessary
to
most
efficiently
carry
out
the
responsibilities
23
of
HHS.
24
The
bill
restructures
the
membership
of
boards,
commissions,
25
and
other
entities
to
avoid
duplicative
representation
by
more
26
than
one
person
representing
HHS
following
the
incorporation
of
27
other
agencies
and
units
of
government
into
HHS.
28
The
bill
changes
current
Code
references
to
“child
support
29
recovery
unit”
to
“child
support
services”
and
the
reference
to
30
“foster
care
recovery
unit”
to
“foster
care
services”.
31
The
bill
changes
current
Code
references
to
“substance
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abuse”,
“drug
abuse”,
and
similar
terms,
to
“substance
use
33
disorder”.
34
The
bill
designates
“record
check
evaluation
system”
to
35
refer
to
the
process
used
by
HHS
to
perform
child
and
dependent
1
adult
abuse
record
checks
and
to
evaluate
criminal
history
and
2
abuse
records.
3
The
bill
changes
current
Code
references
to
“food
stamps”
to
4
“supplemental
nutrition
assistance
program”.
5
The
bill
eliminates
the
state
board
of
health
and
replaces
6
the
board
with
the
council
on
health
and
human
services,
but
7
retains
local
boards
of
health
and
local
health
departments.
8
The
bill
amends
the
membership
of
the
HHS
council
to
expand
9
voting
membership
from
seven
to
nine
members,
and
requires
10
that
at
least
one
of
these
members
is
a
physician
licensed
to
11
practice
medicine
in
Iowa.
12
Through
incorporation
of
DHR
into
HHS,
the
bill
eliminates
13
the
division
of
community
advocacy
and
services,
the
division
14
of
community
action
agencies,
and
the
division
of
criminal
and
15
juvenile
justice
planning,
and
assigns
the
functions
of
these
16
former
divisions
to
HHS
while
retaining
the
underlying
offices,
17
commissions,
councils,
and
the
human
rights
board.
18
The
bill
eliminates
current
Code
references
to
“service
19
area”
and
“service
area
manager”
for
the
delivery
of
services,
20
but
retains
references
to
county
offices
and
advisory
boards.
21
The
bill
moves
the
Code
provision
establishing
the
child
22
abuse
prevention
advisory
committee
from
a
general
provision
23
under
Code
chapter
217
(DHS)
to
a
new
provision
under
Code
24
chapter
235A
(child
abuse).
25
The
bill
changes
current
Code
references
to
the
“hawk-i”
26
program
and
related
terms
to
the
“Hawki”
program
and
related
27
terms
to
reflect
current
program
branding.
28
The
bill
also
moves
the
function
of
the
Iowa
child
death
29
review
team
from
the
office
of
the
state
medical
examiner
30
to
HHS;
establishes
the
Iowa
domestic
abuse
death
review
31
team
under
HHS
rather
than
as
an
independent
agency
of
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state
government;
eliminates
the
reference
to
Iowa
Medicaid
33
enterprise
and
assigns
those
functions
to
the
Medicaid
program;
34
moves
the
responsibility
for
regulation
of
consumable
hemp
to
35
HHS
from
the
department
of
inspections
and
appeals
(DIA);
and
1
moves
the
creation
of
the
child
advocacy
board
from
DIA
to
HHS.
2
The
bill
updates
or
eliminates
outdated
Code
provisions.
3
The
bill
repeals
Code
chapter
136
(state
board
of
health)
4
and
incorporates
the
functions
of
the
board
of
health
into
the
5
council
on
health
and
human
services.
6
The
bill
repeals
Code
sections
135.2
(appointment
of
7
director
and
acting
director)
under
the
former
DPH;
135.3
8
(disqualifications)
relating
to
the
former
director
of
DPH;
9
135.6
(assistants
and
employees)
relating
to
the
former
10
DPH;
135.7
(bonds)
relating
to
bond
requirements
for
certain
11
employees
of
the
former
DPH;
135.8
(seal)
relating
to
the
12
official
seal
of
DPH;
135.9
(expenses)
relating
to
travel
13
expenses
for
employees
of
the
former
DPH;
135.10
(office)
14
relating
to
the
location
of
the
former
DPH
at
the
seat
of
15
government;
216A.2
(appointment
of
department
director,
16
deputy
director,
and
administrators
——
duties)
relating
to
17
appointments
for
the
former
DHR;
217.7
(administration
of
18
divisions);
217.9
(additional
duties);
217.10
(administrator
19
of
division
of
mental
health
and
disability
services);
20
217.15
(administrator
of
division
of
administration)
21
relating
to
the
administrator
position
under
the
former
DHS;
22
217.16
(cooperation
with
other
divisions)
relating
to
the
23
administrator
of
the
division
of
administration
with
others
24
under
the
former
DHS;
217.17
(administrator
of
division
of
25
planning)
relating
to
the
administrator
under
the
former
26
DHS;
218.19
(districts)
relating
to
the
administrator
of
27
institutions
having
control
of
an
institution
under
control
28
of
the
former
DHS;
218.20
(place
of
commitments
——
transfers)
29
relating
to
commitments
by
district
under
the
former
DHS;
30
218.40
(services
required)
relating
to
services
required
to
be
31
rendered
by
residents
of
institutions;
218.53
(dealers
may
file
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addresses)
relating
to
the
provision
of
contact
information
33
for
those
desiring
to
provide
services
to
institutions;
34
218.54
(samples
preserved)
relating
to
the
retention
of
35
when
purchases
made
by
sample
at
institutions;
222.6
(state
1
districts)
relating
to
districts
for
resource
centers;
227.19
2
(administrator
defined)
relating
to
the
administrator
in
3
control
of
mental
health
institutes
under
the
former
DHS;
4
231.22
(director
——
assistant
director)
relating
to
the
5
director
and
assistant
director
of
former
DOA;
and
234.2
6
(division
created)
relating
to
the
division
of
child
and
family
7
services
under
the
former
DHS.
8
The
bill
repeals
2022
Iowa
Acts,
chapter
1098,
sections
68
9
and
92,
relating
to
a
future
amendment
to
Code
section
232.142
10
relating
to
juvenile
detention
homes
which
would
have
moved
11
administration
fully
to
DHR
and
the
provision
making
section
68
12
effective
July
1,
2023.
13
DIVISION
II
——
DEPARTMENT
OF
ADMINISTRATIVE
SERVICES.
14
This
division
transfers
the
library
services
duties
of
the
15
department
of
education,
the
state
archivist
and
duties
related
16
to
state
records
and
archives,
and
most
of
the
historical
17
division
of
the
department
of
cultural
affairs
to
the
18
department
of
administrative
services.
The
bill
also
provides
19
that
the
department
of
administrative
services
shall
undertake
20
responsibilities
under
Code
chapter
305B,
concerning
museum
21
property,
currently
provided
by
the
department
of
cultural
22
affairs.
23
LIBRARY
SERVICES.
Code
sections
256.50
to
256.73,
24
concerning
the
library
services
duties
of
the
department
of
25
education,
are
transferred
to
the
department
of
administrative
26
services
in
Code
chapter
8A.
The
bill
eliminates
the
library
27
services
division
of
the
department
of
education
and
transfers
28
duties
and
responsibilities
of
the
division
to
the
department
29
of
administrative
services.
The
state
librarian
is
transferred
30
to
the
department
of
administrative
services
and
the
bill
31
further
provides
that
the
state
librarian
shall
be
appointed
by
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the
director
of
the
department
of
administrative
services
and
33
not
by
the
state
commission
of
libraries.
The
state
commission
34
of
libraries
is
also
transferred
to
the
department
of
35
administrative
services
and
the
bill
replaces
the
director
of
1
the
department
of
education
with
the
director
of
the
department
2
of
administrative
services
as
a
member
of
the
commission.
The
3
bill
retains
the
rulemaking
authority
of
the
commission
as
it
4
relates
to
library
services.
5
STATE
RECORDS
AND
ARCHIVES.
Code
chapter
305,
the
state
6
records
and
archives
Act,
is
transferred
to
Code
chapter
8A.
7
The
bill
transfers
the
duties
currently
performed
by
the
8
department
of
cultural
affairs
under
that
Code
chapter
to
the
9
department
of
administrative
services.
The
bill
also
strikes
10
the
director
of
the
department
of
cultural
affairs
as
a
member
11
of
the
state
records
commission.
The
bill
also
provides
that
12
the
director
of
the
department
of
administrative
services,
13
and
not
the
administrator
of
the
historical
division
of
the
14
department
of
cultural
affairs,
shall
serve
as
an
ex
officio
15
member
of
the
Iowa
historical
records
advisory
board.
16
HISTORICAL
RESOURCES.
The
bill
transfers
most
of
the
17
duties
of
the
historical
division
of
the
department
of
18
cultural
affairs
and
the
administrator
of
that
division
to
19
the
department
of
administrative
services
and
the
director
of
20
the
department
of
administrative
services
under
Code
chapter
21
8A.
Duties
of
the
historical
division
described
in
Code
22
section
303.2
are
generally
transferred
to
the
department
of
23
administrative
services.
The
historic
preservation
officer,
24
as
well
as
related
duties
concerning
historic
properties
and
25
historic
preservation
activities,
is
not
transferred
to
the
26
department
of
administrative
services.
References
to
the
27
historical
division
and
to
the
state
historical
society
as
an
28
agency
of
the
state
are
eliminated
and
those
responsibilities
29
are
transferred
to
the
department
of
administrative
services.
30
The
bill
specifically
defines
the
state
historical
society
as
31
a
membership
organization
of
the
department
of
administrative
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services
and
retains
those
duties
and
responsibilities
33
currently
assigned
to
the
state
historical
society
as
a
34
membership
organization
with
the
state
historical
society.
35
Current
references
to
the
state
historical
society
as
a
1
state
agency
are
changed
to
department
of
administrative
2
services.
The
bill
transfers
the
Iowa
heritage
fund
and
the
3
historical
resource
development
program
to
the
department
of
4
administrative
services.
5
The
bill
provides
that
those
duties
currently
assigned
to
6
the
department
of
cultural
affairs
under
Code
chapter
305B,
7
concerning
museum
property,
are
assigned
to
the
department
of
8
administrative
services.
9
Finally,
the
bill
also
provides
that
control
of
the
battle
10
flag
restoration
fund,
created
in
2012
Iowa
Acts,
chapter
1136,
11
shall
be
assigned
to
the
department
of
administrative
services
12
and
not
the
department
of
cultural
affairs.
13
DIVISION
III
——
DEPARTMENT
OF
INSPECTIONS,
APPEALS,
AND
14
LICENSING.
This
division
of
the
bill
renames
the
department
of
15
inspections
and
appeals
(DIA)
the
department
of
inspections,
16
appeals,
and
licensing
(DIAL),
and
modifies
the
organizational
17
structure
and
duties
of
the
renamed
department.
18
ORGANIZATION
——
GENERAL
PROVISIONS.
Code
section
7E.5,
19
listing
the
principal
departments
of
state
government,
is
20
amended
to
reflect
the
change
of
DIA
to
DIAL
and
to
reflect
21
that
the
duties
of
the
department
include
licensing,
and
laws
22
related
to
employment
safety,
labor
standards,
and
workers’
23
compensation.
24
Code
chapter
10A,
governing
the
department,
is
amended
to
25
reflect
the
expanded
duties
of
the
department
as
provided
in
26
the
bill.
The
organizational
structure
of
the
department
is
27
amended
to
eliminate
the
investigations
and
health
facilities
28
division
of
the
department
and
to
add
a
labor
services
and
29
workers’
compensation
division.
30
Code
section
10A.104,
providing
for
the
powers
and
duties
31
of
the
director
of
DIAL,
is
amended
to
reflect
the
transfer
of
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duties
to
the
director
in
the
bill.
The
bill
also
provides
for
33
a
teleconference
option
for
boards
and
commissions
under
the
34
purview
of
DIAL
relating
to
health-related
professions.
35
LABOR
SERVICES.
The
bill
transfers
the
labor
services
1
division
and
labor
commissioner,
currently
under
the
department
2
of
workforce
development,
to
DIAL,
including
duties
of
the
3
division
and
commissioner.
4
The
bill
provides
that
the
labor
commissioner
shall
5
serve
at
the
pleasure
of
the
governor
and
not
for
a
six-year
6
term.
The
bill
also
provides
that
current
duties
of
the
7
labor
commissioner
under
Code
chapter
87,
governing
workers’
8
compensation,
Code
chapter
88,
governing
occupational,
9
safety,
and
health,
and
Code
chapter
89B,
concerning
10
hazardous
chemicals
risks,
are
retained
as
duties
of
the
labor
11
commissioner
under
DIAL.
All
other
current
labor-related
12
duties
of
the
labor
commissioner,
except
for
duties
under
13
Code
section
73A.21
and
Code
chapter
94A,
are
transferred
to
14
DIAL
and
the
director
of
DIAL,
and
not
retained
by
the
labor
15
commissioner.
The
bill
transfers
the
duties
of
the
labor
16
commissioner
under
Code
section
73A.21
concerning
bidder
17
preferences
to
the
department
of
administrative
services.
18
WORKERS’
COMPENSATION.
The
bill
transfers
the
workers’
19
compensation
services
division
and
workers’
compensation
20
commissioner,
including
duties
of
the
division
and
21
commissioner,
currently
under
the
department
of
workforce
22
development,
to
DIAL.
The
bill
further
provides
that
the
23
workers’
compensation
commissioner
shall
serve
at
the
pleasure
24
of
the
governor
and
not
for
a
six-year
term.
25
LICENSING
AND
REGULATION
ACTIVITIES.
The
division
transfers
26
several
licensing
and
regulation
functions
of
state
government
27
to
DIAL.
The
licensing
and
regulation
of
certain
fire
control
28
and
building
code-related
activities
are
transferred
from
the
29
state
fire
marshal
and
the
commissioner
of
public
safety
to
30
DIAL.
The
licensing
and
regulation
of
certain
health-related
31
professions
and
other
health-related
activities
are
generally
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transferred
from
the
department
of
public
health
to
DIAL.
33
Finally,
the
licensing
and
regulation
of
certain
business
34
and
commerce-related
professions
are
transferred
from
the
35
department
of
commerce
and
the
professional
licensing
and
1
regulation
bureau
of
the
banking
division
of
the
department
of
2
commerce
to
DIAL.
3
Concerning
fire
control
duties,
the
bill
transfers
several
4
duties
currently
performed
by
the
state
fire
marshal
to
5
DIAL
and
the
DIAL
director.
Specifically,
those
duties
of
6
the
state
fire
marshal
unrelated
to
arson
investigations
7
provided
in
Code
chapter
100
are
transferred
to
DIAL.
In
8
addition,
duties
and
responsibilities
of
the
state
fire
9
marshal
and
department
of
public
safety
under
Code
chapter
100C
10
concerning
fire
extinguishing
and
alarm
systems
contractors
11
and
installers,
Code
chapter
100D
concerning
fire
protection
12
system
installation
and
maintenance,
Code
chapter
101
13
concerning
combustible
and
flammable
liquids
and
liquefied
14
gases,
Code
chapter
101A
concerning
explosive
materials,
and
15
Code
chapter
101B
concerning
cigarette
fire
safety
standards,
16
are
transferred
to
DIAL
and
the
DIAL
director.
Also,
state
17
fire
marshal
duties
related
to
school
infrastructure,
health
18
care
facilities,
motor
fuel
facilities
and
dispensers,
elder
19
group
homes,
assisted
living
programs,
adult
day
services,
20
child
foster
care
and
child
care
facilities,
children’s
21
residential
facilities,
board
of
regents,
school
child
care
22
program
facilities,
fireworks,
and
department
of
corrections
23
institutions,
are
transferred
to
DIAL
and
the
director
of
24
DIAL.
Finally,
Code
section
12.83,
providing
for
allocation
25
of
certain
school
infrastructure
fund
moneys,
is
amended
to
26
transfer
the
allocation
to
DIAL.
27
Concerning
state
building
code
duties,
the
bill
provides
28
that
the
DIAL
director,
and
not
the
commissioner
of
public
29
safety,
is
the
state
building
code
commissioner
and
is
30
responsible
for
those
duties
performed
by
the
state
building
31
code
commissioner.
In
addition,
duties
and
responsibilities
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of
the
state
fire
marshal
and
department
of
public
safety
33
under
Code
chapter
103
concerning
electricians
and
electrical
34
contractors,
are
transferred
to
DIAL
and
the
director
of
DIAL.
35
Finally,
the
duties
and
responsibilities
of
the
department
of
1
public
health
and
the
state
fire
marshal
under
Code
chapter
105
2
concerning
plumbers,
mechanical
professionals,
and
contractors,
3
are
transferred
to
DIAL
and
the
director
of
DIAL.
4
Concerning
health-related
professions
and
other
5
related
duties,
the
bill
generally
transfers
licensing
and
6
board-related
duties
currently
under
the
jurisdiction
of
7
the
department
of
public
health
to
DIAL
and
the
director
of
8
DIAL.
The
bill
provides
that
the
boards
and
laws
relative
to
9
“Health-related
Professions”,
Title
IV,
subtitle
3,
of
the
10
Code,
excluding
Code
chapter
147,
are
transferred
from
the
11
department
of
public
health
to
DIAL.
The
bill
eliminates
12
the
professional
licensure
division
of
the
department
of
13
public
health
and
provides
that
the
DIAL
director,
and
not
14
the
director
of
public
health,
shall
appoint
and
supervise
a
15
full-time
executive
director
for
the
board
of
medicine,
the
16
board
of
nursing,
the
dental
board,
and
the
board
of
pharmacy.
17
Current
responsibilities
of
the
department
of
public
health
18
relating
to
tattooing,
natural
hair
braiding,
lead
abatement,
19
pools,
backflow
prevention,
tanning
facilities,
and
migrant
20
labor
camps
are
also
transferred
to
DIAL
and
the
DIAL
director.
21
Concerning
the
licensing
and
regulation
of
certain
business
22
and
commerce-related
professions,
the
bill
eliminates
the
23
professional
licensing
and
regulation
bureau
of
the
banking
24
division
of
the
department
of
commerce
and
transfers
duties
25
of
the
bureau
as
well
as
other
department
of
commerce
duties
26
to
DIAL
and
the
DIAL
director.
Specifically,
duties
and
27
responsibilities
of
the
department
of
commerce
and
bureau
28
under
Code
chapter
542B
concerning
professional
engineers
29
and
land
surveyors,
Code
chapter
534B
concerning
real
estate
30
brokers
and
salespersons,
Code
chapter
543D
concerning
real
31
estate
appraisals
and
appraisers,
Code
chapter
543E
concerning
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real
estate
appraisal
management
companies,
Code
chapter
544A
33
concerning
licensed
architects,
Code
chapter
544B
concerning
34
landscape
architects,
and
Code
chapter
544C
concerning
35
registered
interior
designers,
are
transferred
to
DIAL
and
1
the
DIAL
director.
Code
section
546.10,
concerning
the
2
professional
licensing
and
regulation
bureau,
is
amended
and
3
transferred
to
Code
chapter
10A
governing
DIAL.
4
ADMINISTRATIVE
LAW
JUDGES.
The
division
provides
that
5
administrative
law
judges
utilized
for
purposes
of
unemployment
6
security,
the
civil
rights
commission,
the
department
of
7
education,
special
education,
and
board
of
educational
8
examiners
shall
be
administrative
law
judges
employed
by
the
9
division
of
administrative
hearings
of
DIAL
under
Code
chapter
10
10A.
11
CIVIL
RIGHTS
COMMISSION.
The
division
provides
that
the
12
Iowa
state
civil
rights
commission
shall
be
created
within
13
DIAL.
14
CONFORMING
CHANGES.
The
division
amends
the
Code
as
15
necessary
to
conform
to
the
changes
provided
in
the
division
16
relative
to
changing
the
name
and
duties
of
the
renamed
DIAL.
17
DIVISION
IV
——
DEPARTMENT
OF
JUSTICE.
This
division
of
18
the
bill
relates
to
the
department
of
justice.
The
bill
19
eliminates
the
position
of
general
counsel
of
the
department
20
of
transportation
and
directs
the
attorney
general
to
provide
21
legal
services
for
the
department
of
transportation.
The
bill
22
strikes
a
provision
making
certain
employees
of
the
department
23
of
justice
and
administrative
law
judges
appointed
or
employed
24
by
the
public
employment
relations
board
subject
to
the
merit
25
system.
26
The
bill
allows
the
attorney
general
to
prosecute
a
criminal
27
proceeding
without
first
receiving
a
request
from
a
county
28
attorney
to
act
as
a
county
attorney.
The
bill
requires
the
29
attorney
general
to
submit
a
report
by
January
15
of
each
year
30
detailing
all
money
settlement
awards
and
court
money
awards
31
that
were
awarded
to
the
state
of
Iowa
in
the
previous
year.
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The
bill
changes
the
title
of
the
first
assistant
attorney
33
general
to
“chief
deputy
attorney
general”.
The
bill
repeals
34
Code
sections
allowing
the
attorney
general
to
appoint
35
assistant
attorneys
general
to
perform
and
supervise
the
legal
1
work
of
the
department
of
revenue
and
the
division
of
child
2
and
family
services
of
the
department
of
human
services.
The
3
bill
allows
the
attorney
general
to
charge
state
governmental
4
entities
for
the
cost
of
performing
legal
services
and
to
5
require
state
governmental
entities
to
provide
office
space
for
6
an
assistant
attorney
general
or
other
staff
providing
legal
7
services
exclusively
for
that
entity.
The
bill
changes
the
8
circumstances
under
which
an
entity
of
the
state
may
employ
9
private
legal
counsel.
10
The
bill
grants
the
attorney
general
exclusive
jurisdiction
11
to
prosecute
election-related
crimes.
12
The
bill
exempts
all
employees
of
the
department
of
justice
13
from
Code
chapter
20
(public
employment
relations
(collective
14
bargaining)).
Currently,
nonsupervisory
employees
of
the
15
consumer
advocate
division
who
are
employed
primarily
for
the
16
purpose
of
performing
technical
analysis
of
nonlegal
issues
are
17
not
exempt.
18
The
bill
eliminates
the
position
of
special
assistant
19
attorney
general
for
claims
and
transfers
the
duties
of
the
20
position
to
the
attorney
general.
21
The
bill
strikes
a
provision
requiring
the
department
of
22
public
safety
to
employ
an
assistant
attorney
general.
23
The
bill
changes
certain
provisions
for
the
appointment
24
and
removal
of
the
consumer
advocate
by
the
attorney
general,
25
including
by
striking
a
requirement
that
the
consumer
advocate
26
be
an
attorney.
The
bill
also
provides
that
the
attorney
27
general,
and
not
the
consumer
advocate,
may
employ
attorneys
28
and
other
employees
necessary
to
discharge
the
duties
of
the
29
consumer
advocate
division.
30
The
division
takes
effect
upon
enactment.
31
DIVISION
V
——
ECONOMIC
DEVELOPMENT
AUTHORITY.
This
division
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of
the
bill
concerns
the
duties
and
responsibilities
of
33
the
economic
development
authority
and
the
director
of
the
34
authority.
35
CULTURAL
AFFAIRS.
The
division
of
the
bill
transfers
1
the
responsibilities
of
the
department
of
cultural
affairs,
2
including
the
arts
division
and
the
film
office,
to
the
3
economic
development
authority
(authority).
The
division
4
eliminates
the
department
of
cultural
affairs
and
all
related
5
internal
organizational
structure
under
the
department.
The
6
division
makes
conforming
changes
to
Code
sections
7E.5,
7
8A.412,
306D.2,
321.252,
404A.1,
404A.3,
404A.6,
423.3,
427.16,
8
465A.2,
465B.2,
and
465B.3.
9
STATE
HISTORIC
PRESERVATION
OFFICER.
The
division
of
the
10
bill
transfers
the
state
historic
preservation
officer
(SHPO),
11
and
all
related
duties
of
the
SHPO,
under
the
authority.
12
IOWA
FINANCE
AUTHORITY.
The
division
of
the
bill
codifies
13
that
the
director
of
the
authority
shall
also
serve
as
the
14
director
of
the
Iowa
finance
authority.
The
bill
also
provides
15
that
the
director
of
the
economic
development
authority
shall
16
serve
at
the
pleasure
of
the
governor
and
not
for
a
four-year
17
term.
18
DIVISION
VI
——
ECONOMIC
DEVELOPMENT
AUTHORITY
——
PARTNER
19
STATE
PROGRAM.
This
division
of
the
bill
codifies
the
partner
20
state
program
and
puts
the
program
under
the
authority.
21
The
division
takes
effect
upon
enactment
and
includes
an
22
applicability
provision
relating
to
sister
state
agreements
23
entered
into
before
the
effective
date
of
the
division.
24
DIVISION
VII
——
PUBLIC
EMPLOYMENT
RELATIONS
BOARD.
This
25
division
relates
to
the
public
employment
relations
board
26
(PERB).
27
The
bill
strikes
language
providing
that
when
the
governor
28
selects
members
of
the
PERB,
consideration
shall
be
given
29
to
their
knowledge,
ability,
and
experience
in
the
field
30
of
labor-management
relations.
The
bill
strikes
language
31
providing
that
members
of
the
PERB
shall
devote
full
time
to
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their
duties.
The
bill
additionally
requires
the
PERB
to
meet
33
at
least
quarterly
and
modifies
language
pertaining
to
the
34
compensation
of
PERB
members
and
employees.
35
The
bill
provides
for
an
executive
director
of
the
PERB
1
appointed
by
and
serving
at
the
pleasure
of
the
governor
2
and
subject
to
confirmation
by
the
senate.
In
selecting
3
the
executive
director,
consideration
shall
be
given
to
the
4
person’s
knowledge,
ability,
and
experience
in
the
field
of
5
labor-management
relations.
The
governor
shall
set
the
salary
6
of
the
executive
director
within
the
applicable
salary
range
7
established
by
the
general
assembly.
The
bill
authorizes
8
the
PERB
to
delegate
its
powers
and
duties
to
the
executive
9
director
or
persons
employed
by
the
PERB,
as
appropriate.
10
The
bill
provides
that
in
a
petition
for
judicial
review
of
11
a
decision
of
the
PERB
in
a
contested
case
under
Code
chapter
12
20,
the
opposing
party
shall
be
named
the
respondent,
and
the
13
PERB
shall
not
be
named
as
a
respondent,
notwithstanding
Code
14
chapter
17A,
the
Iowa
administrative
procedure
Act.
The
bill
15
provides
that
judicial
review
of
agency
action
by
the
PERB
16
under
Code
chapter
20
is
not
subject
to
Code
chapter
17A.
The
17
bill
additionally
strikes
language
providing
that
the
powers
18
and
duties
of
the
PERB
include
preparing
legal
briefs
and
19
presenting
oral
arguments
in
court
cases
affecting
the
PERB.
20
DIVISION
VIII
——
DEPARTMENT
OF
HOMELAND
SECURITY
AND
21
EMERGENCY
MANAGEMENT.
Under
current
law,
the
department
22
of
human
services
administers
the
disaster
aid
individual
23
assistance
grant
fund
and
the
disaster
case
management
grant
24
fund.
The
bill
provides
that
the
department
of
homeland
25
security
and
emergency
management
shall
administer
the
funds.
26
The
name
of
the
disaster
case
management
grant
fund
is
changed
27
to
the
disaster
case
advocacy
grant
fund.
28
The
bill
also
provides
that
the
director
of
the
department
of
29
homeland
security
and
emergency
management
shall
be
subject
to
30
confirmation
by
the
senate
and
shall
serve
at
the
pleasure
of
31
the
governor.
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The
bill
makes
conforming
Code
changes.
33
DIVISION
IX
——
DEPARTMENT
OF
VETERANS
AFFAIRS.
This
34
division
relates
to
the
administration
of
veterans
services
and
35
the
transfer
of
responsibility
for
such
services.
1
The
division
requires
the
department
of
veterans
affairs
2
(IVA)
to
reimburse
the
auditor
of
state
for
audits
and
3
examinations
the
auditor
of
state
conducts
relating
to
the
Iowa
4
veterans
home.
5
The
division
combines
the
duties
of
the
IVA
director
and
6
the
Iowa
veterans
home
commandant
into
a
single
position
7
and
changes
the
title
of
the
head
of
IVA
from
director
to
8
commandant.
9
The
division
replaces
the
commission’s
authority
to
10
supervise
the
commandant’s
administration
of
operations
and
11
conduct
of
the
Iowa
veterans
home
with
the
authority
to
review
12
and
approve
applications
for
distributions
of
moneys
from
the
13
veterans
license
fee
fund
and
the
veterans
trust
fund.
14
The
division
makes
several
conforming
Code
changes.
15
DIVISION
X
——
OFFICE
OF
DRUG
CONTROL
POLICY.
Current
law
16
provides
that
the
governor’s
office
of
drug
control
policy
17
shall
be
an
independent
office,
located
at
the
same
location
18
as
the
department
of
public
safety.
Administrative
support
19
services
may
be
provided
to
the
governor’s
office
of
drug
20
control
policy
by
the
department
of
public
safety.
21
The
division
provides
that
the
office
of
drug
control
policy
22
is
established
in
the
department
of
public
safety.
A
drug
23
policy
director
shall
be
appointed
by
the
commissioner
of
the
24
department
of
public
safety,
and
the
director
shall
direct
the
25
office
of
drug
control
policy.
26
DIVISION
XI
——
DEPARTMENT
OF
WORKFORCE
DEVELOPMENT.
This
27
division
modifies
duties
and
responsibilities
of
the
department
28
of
workforce
development
and
includes
transition
provisions.
29
The
bill
makes
conforming
changes
to
Code
section
84A.5
to
30
reflect
the
programs
and
responsibilities
acquired
by
workforce
31
development.
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The
bill
transfers
administration
of
the
statewide
33
work-based
learning
intermediary
network
program
under
Code
34
section
256.40
from
the
department
of
education
to
workforce
35
development.
1
The
bill
requires
workforce
development,
rather
than
the
2
authority,
to
coordinate
and
review
the
industrial
new
jobs
3
training
program
under
Code
chapter
260E.
4
The
bill
transfers
jobs
training
under
Code
chapter
260F
5
from
the
authority
to
workforce
development.
6
The
bill
transfers
the
workforce
development
fund
program
7
from
the
authority
to
workforce
development.
8
The
bill
transfers
the
accelerated
career
education
program
9
under
Code
chapter
260G
from
the
authority
to
workforce
10
development.
11
The
bill
transfers
the
older
American
community
service
12
employment
program
from
the
department
on
aging
to
workforce
13
development.
14
The
bill
transfers
vocational
rehabilitation
under
Code
15
chapter
259
from
the
department
of
education
to
workforce
16
development.
17
The
bill
transfers
the
apprenticeship
training
program
under
18
Code
chapter
15B
from
the
authority
to
workforce
development.
19
The
bill
transfers
the
future
ready
Iowa
registered
20
apprenticeship
development
program
under
Code
section
15C.1
21
from
the
authority
to
workforce
development.
22
The
bill
transfers
the
future
ready
Iowa
expanded
registered
23
apprenticeship
opportunities
program
under
Code
section
15C.2
24
from
the
authority
to
workforce
development.
25
The
bill
transfers
employment
agencies
under
Code
chapter
26
94A
from
the
labor
commissioner
to
workforce
development.
27
The
bill
transfers
responsibility
for
reports
and
records
28
under
Code
section
91.12
from
the
division
of
labor
services
to
29
workforce
development.
30
The
bill
requires
workforce
development,
rather
than
the
31
department
of
education,
and
community
colleges
to
implement
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adult
education
and
literacy
programs.
The
department
33
of
education
and
community
colleges
are
still
required
to
34
implement
adult
education
under
Code
section
260C.50.
35
DIVISION
XII
——
DEPARTMENT
OF
REVENUE.
This
division
of
the
1
bill
transfers
the
Iowa
lottery
authority
and
the
duties
of
the
2
alcoholic
beverages
division
of
the
department
of
commerce
to
3
the
department
of
revenue.
4
IOWA
LOTTERY.
The
division
eliminates
the
Iowa
lottery
5
authority
and
transfers
authority
for
operating
the
Iowa
6
lottery
to
an
Iowa
lottery
division
within
the
department
7
of
revenue.
The
position
of
chief
executive
officer
of
the
8
lottery
authority
is
replaced
by
a
lottery
administrator,
9
with
modified
duties.
The
bill
allocates
responsibility
for
10
operating
the
Iowa
lottery
between
the
division,
the
lottery
11
administrator,
the
department
of
revenue,
the
director
of
the
12
department
of
revenue,
and
the
lottery
board.
13
The
bill
provides
for
a
lottery
administrator,
instead
of
14
a
chief
executive
officer,
who
shall
direct
the
day-to-day
15
operations
of
the
lottery
as
specified
by
the
department
of
16
revenue
and
director.
The
lottery
administrator
shall
be
17
appointed
by
the
governor,
confirmed
by
the
senate,
and
shall
18
serve
at
the
pleasure
of
the
governor.
Under
current
law,
the
19
chief
executive
officer
is
appointed
by
the
governor
for
a
20
four-year
term
and
shall
only
be
removed
from
office
for
cause.
21
Compensation
of
the
lottery
administrator
shall
be
set
by
the
22
governor.
23
The
duties
of
the
board
of
directors
of
the
Iowa
lottery
as
24
specified
in
Code
section
99G.9
are
modified
by
the
bill
by
25
eliminating
the
authority
of
the
board
to
approve
the
budget
26
for
the
Iowa
lottery.
27
Code
section
99G.10,
concerning
personnel
of
the
Iowa
28
lottery,
is
amended.
The
power
of
the
chief
executive
29
officer
to
designate
particular
employees
as
key
personnel
30
and
to
determine
the
number
of
full-time
equivalent
positions
31
necessary
to
carry
out
the
provisions
of
Code
chapter
99G
is
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eliminated.
The
bill
also
eliminates
the
ability
to
establish
33
incentive
programs
for
employees.
34
Code
section
99G.21,
concerning
the
powers
of
the
Iowa
35
lottery
authority,
is
amended.
The
bill
transfers
this
1
authority
to
the
department
of
revenue
and
eliminates
2
provisions
relating
to
acquiring
real
property,
incurring
debt,
3
and
authority
to
exercise
all
powers
generally
exercised
by
a
4
private
business.
5
Code
section
99G.37,
concerning
competitive
bidding,
is
6
amended
to
provide
that
all
procurement
contracts
shall
be
bid
7
utilizing
the
services
of
the
department
of
administrative
8
services
and
competitively
bid
in
accordance
with
Code
chapter
9
8A.
10
Code
section
99G.40,
concerning
audits
and
reports,
is
11
amended.
The
provision
requiring
the
chief
executive
officer
12
to
submit
an
informational
budget
for
the
lottery
authority
is
13
amended.
In
addition,
provisions
governing
the
audit
of
the
14
lottery
authority
are
modified
to
reflect
that
any
audit
will
15
be
done
as
a
part
of
an
audit
of
the
department
of
revenue.
16
The
division
includes
a
transition
provision
governing
17
the
transfer
of
all
rights
and
authority
of
the
Iowa
lottery
18
authority
to
the
department
of
revenue
on
July
1,
2023.
19
The
provision
transfers
lottery
authority
employees
to
the
20
department
of
revenue
and
provides
that
the
chief
executive
21
officer
on
the
date
of
the
transfer
shall
become
the
lottery
22
administrator
without
requirement
of
reappointment
by
the
23
governor.
The
transition
provision
also
provides
that
the
24
department
of
revenue
shall
take
such
steps
as
is
necessary
25
to
effectuate
the
transfer
of
the
lottery
authority
to
the
26
department.
27
ALCOHOLIC
BEVERAGE
CONTROL.
The
division
eliminates
the
28
alcoholic
beverages
division
of
the
department
of
commerce
and
29
transfers
authority
over
the
duties
of
the
alcoholic
beverages
30
division
to
the
department
of
revenue
and
the
director
of
the
31
department.
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The
bill
eliminates
the
position
of
administrator
of
the
33
alcoholic
beverages
division
and
transfers
those
duties
of
the
34
administrator
to
the
director
of
revenue.
35
CONFORMING
CHANGES.
Code
section
7E.5,
describing
the
1
responsibilities
of
the
department
of
revenue,
is
amended
to
2
reflect
the
new
duties
of
the
department
under
the
division.
3
In
addition,
Code
section
421.17,
concerning
the
powers
and
4
duties
of
the
director
of
revenue,
is
amended
to
reflect
the
5
new
duties
of
the
director
under
the
division.
6
DIVISION
XIII
——
DEPARTMENT
FOR
THE
BLIND.
This
division
7
provides
that
the
director
of
the
department
of
the
blind
shall
8
be
appointed
by
the
governor,
subject
to
confirmation
by
the
9
senate,
and
shall
serve
at
the
pleasure
of
the
governor.
The
10
bill
provides
that
the
salary
of
the
director
shall
be
set
by
11
the
governor
within
the
applicable
salary
range
established
by
12
the
general
assembly.
The
bill
also
eliminates
the
authority
13
for
the
commission
for
the
blind
to
appoint
officers
for
14
the
commission.
The
division
takes
effect
immediately
and
15
authorizes
the
governor
on
or
before
July
1,
2023,
to
appoint
a
16
director
of
the
department
effective
July
1,
2023.
17
DIVISION
XIV
——
DEPARTMENT
OF
EDUCATION.
This
division
18
transfers
the
responsibilities
of
several
governmental
entities
19
to
the
department
of
education.
20
IOWA
BRAILLE
AND
SIGHT
SAVING
SCHOOL
AND
IOWA
SCHOOL
FOR
21
THE
DEAF.
Current
law
establishes
the
Iowa
braille
and
sight
22
saving
school
and
the
Iowa
school
for
the
deaf
within
the
23
state
board
of
regents
and
requires
the
board
of
regents
to
24
govern
the
operations
of
these
schools.
The
bill
strikes
Code
25
references
to
the
Iowa
braille
and
sight
saving
school
and
26
provides
for
an
Iowa
educational
services
for
the
blind
and
27
visually
impaired
program
within
the
department
of
education.
28
The
bill
transfers
the
Iowa
educational
services
for
the
blind
29
and
visually
impaired
program
and
the
Iowa
school
for
the
deaf
30
from
the
board
of
regents
to
the
department
of
education.
31
The
bill
makes
conforming
changes.
The
bill
establishes
the
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responsibilities
of
the
department
with
respect
to
the
Iowa
33
educational
services
for
the
blind
and
visually
impaired
34
program
and
the
Iowa
school
for
the
deaf.
The
bill
includes
35
transition
provisions.
1
Current
law
prohibits
the
board
of
regents
from
merging
2
the
Iowa
school
for
the
deaf
with
the
Iowa
braille
and
sight
3
saving
school,
or
closing
either
of
the
schools,
until
certain
4
requirements
are
met.
The
bill
strikes
provisions
regarding
5
the
merging
of
the
schools
but
retains
provisions
governing
the
6
closure
of
the
Iowa
school
for
the
deaf.
7
INNOVATION
DIVISION.
Current
Code
section
268.7
establishes
8
the
science,
technology,
engineering,
and
mathematics
9
collaborative
initiative
(STEM
initiative)
at
the
university
of
10
northern
Iowa.
The
bill
creates
the
innovation
division
of
the
11
department
of
education
and
transfers
the
STEM
initiative
from
12
the
university
of
northern
Iowa
to
the
innovation
division.
13
The
bill
provides
that
the
chief
administrative
officer
of
14
the
innovation
division
is
the
administrator,
who
is
appointed
15
by
the
director
of
the
department.
The
bill
establishes
the
16
responsibilities
of
the
administrator
and
the
innovation
17
division.
18
Subject
to
an
appropriation
of
moneys,
the
bill
requires
19
the
innovation
division
to
administer
six
regional
science,
20
technology,
engineering,
and
mathematics
networks
for
Iowa.
21
Oversight
for
these
networks
is
provided
by
a
regional
advisory
22
board,
the
members
of
which
are
appointed
by
the
governor.
23
The
bill
authorizes
the
state
board
of
education
to
adopt
24
rules
to
administer
the
STEM
initiative.
The
bill
includes
25
transition
provisions.
26
HIGHER
EDUCATION
DIVISION
AND
MISCELLANEOUS
CHANGES.
27
Current
Code
section
256.1
establishes
that
the
department
of
28
education
is
to
act
in
a
policymaking
and
advisory
capacity
29
and
to
exercise
general
supervision
over
the
state
system
30
of
education,
including
certain
specified
areas.
The
bill
31
provides
that
the
department
is
to
act
in
a
policymaking
and
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advisory
capacity
and
to
exercise
general
supervision
over
33
the
Iowa
braille
and
sight
saving
school,
Iowa
school
for
the
34
deaf,
STEM
initiative,
college
student
aid
commission,
board
of
35
educational
examiners,
and
the
career
and
technical
education
1
programs
offered
by
school
districts
or
community
colleges.
2
The
bill
establishes
the
higher
education
division
3
within
the
department.
The
bill
provides
that
the
chief
4
administrative
officer
of
the
higher
education
division
is
5
the
administrator,
who
is
appointed
by
the
director
of
the
6
department.
7
The
bill
establishes
all
of
the
following
within
the
higher
8
education
division:
the
community
colleges
and
post-secondary
9
readiness
bureau,
the
board
of
educational
examiners,
the
10
college
student
aid
commission,
and
the
community
colleges
11
bureau.
The
bill
requires
the
administrator
of
the
higher
12
education
division
to
administer
and
coordinate
all
of
these
13
bureaus,
boards,
and
commissions
and
to
hire
and
control
the
14
personnel
employed
by
the
division,
along
with
providing
for
15
other
responsibilities.
16
Current
Code
sections
256.7
(duties
of
the
state
board
of
17
education)
and
256.9
(duties
of
the
director
of
the
department
18
of
education)
authorize
the
state
board
of
education
and
the
19
director
to
exercise
broad
authority
over
the
operations
of
20
the
department,
except
with
respect
to
the
college
student
aid
21
commission,
the
commission
of
libraries
and
division
of
library
22
services,
and
the
public
broadcasting
board
and
division.
23
The
bill
modifies
these
Code
sections
to
authorize
the
state
24
board
and
the
director
to
exercise
broad
authority
over
the
25
operations
of
the
department,
except
with
respect
to
the
higher
26
education
division;
the
bureaus,
boards,
and
commissions
within
27
the
higher
education
division;
the
commission
of
libraries
and
28
division
of
library
services;
and
the
public
broadcasting
board
29
and
division.
30
COMMUNITY
COLLEGES
AND
POST-SECONDARY
READINESS
BUREAU.
31
Current
Code
chapter
258
establishes
the
career
and
technical
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education
program
within
the
department
of
education.
Current
33
law
requires
the
director
of
the
department
to
appoint
and
34
direct
the
work
of
personnel
as
necessary
to
carry
out
Code
35
chapter
258.
1
The
bill
modifies
provisions
related
to
the
career
and
2
technical
education
program
to
transfer
the
program
to
the
3
community
colleges
and
post-secondary
readiness
bureau,
which
4
the
bill
establishes
within
the
higher
education
division
5
of
the
department.
The
bill
requires
the
director
of
the
6
department
to
appoint
the
bureau
chief
of
the
community
7
colleges
and
post-secondary
readiness
bureau.
The
bill
tasks
8
the
bureau
chief
with
directing
the
work
of
personnel
as
9
necessary
to
carry
out
the
responsibilities
of
the
career
10
and
technical
education
program.
The
bill
makes
conforming
11
changes.
12
The
bill
authorizes
the
state
board
of
education
to
adopt
13
emergency
rules
to
implement
the
provisions
of
the
division
14
pertaining
to
the
community
colleges
and
post-secondary
15
readiness
bureau.
The
bill
includes
transition
provisions.
16
BOARD
OF
EDUCATIONAL
EXAMINERS.
Current
Code
chapter
272
17
creates
the
board
of
educational
examiners.
The
bill
transfers
18
the
board
to
the
purview
of
the
higher
education
division
19
of
the
department
of
education.
The
bill
makes
conforming
20
changes.
21
Current
law
provides
that
the
governor
shall
appoint
an
22
executive
director
of
the
board,
subject
to
confirmation
by
23
the
senate,
who
shall
serve
at
the
pleasure
of
the
governor.
24
Current
law
also
provides
that
the
board
shall
set
the
salary
25
of
the
executive
director
within
the
range
established
by
26
the
general
assembly.
The
bill
modifies
these
provisions
to
27
provide
that
the
director
of
the
department
of
education
shall
28
appoint
the
executive
director
of
the
board
and
the
director
29
shall
set
the
salary
of
the
executive
director.
This
provision
30
applies
to
individuals
appointed
as
the
executive
director
31
of
the
board
before,
on,
or
after
the
effective
date
of
the
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division.
33
The
bill
includes
transition
provisions.
34
COLLEGE
STUDENT
AID
COMMISSION.
Current
Code
chapter
261
35
creates
the
college
student
aid
commission.
The
bill
transfers
1
the
commission
to
the
purview
of
the
higher
education
division
2
of
the
department
of
education.
The
bill
makes
conforming
3
changes.
4
Current
law
provides
that
the
commission
is
an
autonomous
5
state
agency
that
is
attached
to
the
department
of
education
6
for
organizational
purposes
only.
The
bill
strikes
this
7
provision.
Current
law
also
provides
that
the
commission
shall
8
determine
its
own
organization,
draw
up
its
own
bylaws,
adopt
9
rules
under
Code
chapter
17A,
and
do
such
other
things
as
may
10
be
necessary
to
carry
out
its
responsibilities.
The
bill
11
modifies
this
provision
to
provide
that
the
commission
may
draw
12
up
its
own
bylaws,
adopt
rules,
and
do
other
such
things
as
13
may
be
necessary
to
carry
out
its
responsibilities
under
the
14
authority
of
the
higher
education
division
of
the
department.
15
The
bill
provides
that
the
director
of
the
department
16
of
education
shall
appoint
an
executive
director
of
the
17
commission.
The
bill
requires
the
director
to
set
the
18
salary
of
the
executive
director.
This
provision
applies
19
to
individuals
appointed
as
the
executive
director
of
the
20
commission
before,
on,
or
after
the
effective
date
of
the
21
division.
22
The
bill
includes
transition
provisions.
23
COMMUNITY
COLLEGES
BUREAU.
Current
law
establishes
a
24
community
colleges
division
within
the
department
of
education.
25
Current
law
requires
the
community
college
division
to
exercise
26
the
powers
conferred
upon
the
department
with
respect
to
27
community
colleges.
The
bill
modifies
these
provisions
to
28
transfer
the
responsibility
to
govern
certain
aspects
of
29
community
colleges
to
the
community
colleges
bureau,
which
the
30
bill
establishes
within
the
higher
education
division
of
the
31
department.
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The
bill
requires
the
director
of
the
department
of
33
education
to
appoint
the
bureau
chief
of
the
community
colleges
34
bureau.
The
bill
tasks
the
bureau
chief
with
directing
the
35
work
of
personnel
as
necessary
to
carry
out
Code
chapter
260C
1
(community
colleges).
The
bill
makes
conforming
changes.
2
DIVISION
XV
——
COMMERCE.
This
division
concerns
the
current
3
organization
of
the
department
of
commerce.
The
division
4
renames
the
department
and
modifies
provisions
relating
to
the
5
office
of
the
consumer
advocate,
the
Iowa
utilities
board,
and
6
the
renamed
department.
7
CONSUMER
ADVOCATE.
The
bill
provides
that
the
office
of
8
the
consumer
advocate
shall
be
administratively
supported
by
9
the
utilities
board.
Current
law
provides
that
administrative
10
support
services
are
provided
by
the
department
of
commerce.
11
IOWA
UTILITIES
BOARD.
The
bill
provides
that
the
utilities
12
division
of
the
department
of
commerce
shall
be
removed
as
13
a
division
of
the
department
and
function
as
a
stand-alone
14
board.
The
utilities
board
shall
continue
to
participate
in
15
the
commerce
revolving
fund.
16
DEPARTMENT
OF
INSURANCE
AND
FINANCIAL
SERVICES.
The
bill
17
provides
that
the
department
of
commerce
shall
be
renamed
18
the
department
of
insurance
and
financial
services.
The
19
department
shall
contain
the
insurance
division,
the
banking
20
division,
and
the
credit
division.
The
bill
provides
that
the
21
insurance
commissioner
shall
be
the
director
of
the
department
22
of
insurance
and
financial
services.
The
superintendent
of
23
banking
and
superintendent
of
credit
unions
shall
report
to
24
the
insurance
commissioner.
The
bill
also
provides
that
the
25
department
of
commerce
revolving
fund
shall
be
renamed
the
26
commerce
revolving
fund.
27
The
bill
provides
that
the
superintendent
of
banking
28
and
the
superintendent
of
credit
unions
shall
serve
at
the
29
pleasure
of
the
governor
and
not
for
a
four-year
term.
The
30
bill
also
eliminates
the
provision
that
the
superintendent
of
31
credit
unions
can
only
be
removed
from
office
by
the
governor
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for
cause.
Finally,
the
bill
provides
that
the
salary
of
33
the
insurance
commissioner,
superintendent
of
banking,
and
34
superintendent
of
credit
unions
shall
be
set
by
the
governor.
35
The
bill
updates
law
enforcement
authority
under
Code
1
section
507E.8
to
reflect
the
insurance
commissioner’s
2
responsibility
to
enforce
laws
under
Code
chapters
502,
3
502A,
507A,
523A,
523C,
523D,
and
523I,
which
is
also
the
4
responsibility
of
the
insurance
commissioner.
5
DIVISION
XVI
——
DEPARTMENT
OF
CORRECTIONS
——
JUDICIAL
6
DISTRICT
DEPARTMENTS
OF
CORRECTIONAL
SERVICES
AND
7
COMMUNITY-BASED
CORRECTIONAL
PROGRAMS.
Current
law
provides
8
that
a
judicial
district
of
correctional
services
shall
be
9
established
in
each
judicial
district
of
the
state
which
shall
10
provide
a
community-based
correctional
program.
Each
judicial
11
district
of
correctional
services
has
a
board
of
directors
12
which
employs
a
director
for
the
district.
13
The
bill
provides
that
all
employees
of
a
judicial
district
14
department
of
correctional
services
shall
be
employees
of
15
the
department
of
corrections,
and
that
the
director
of
16
the
department
of
corrections
shall
appoint,
subject
to
the
17
approval
of
the
board
of
corrections,
a
director
for
each
18
judicial
district
department
of
correctional
services.
19
The
bill
amends
current
law
by
providing
that
a
district
20
board
of
a
judicial
district
department
of
correctional
21
services
shall
be
a
district
advisory
board.
Duties
which
were
22
formerly
those
of
the
district
board
are
transferred
to
the
23
director.
24
The
bill
makes
conforming
Code
changes
and
includes
25
transition
and
applicability
provisions.
26
DIVISION
XVII
——
BOARD
OF
PAROLE.
Current
law
provides
27
that
only
the
chairperson
of
the
board
of
parole
are
salaried
28
and
full-time
employees.
The
three
additional
board
members
29
and
three
alternate
board
members
are
compensated
on
a
per
30
diem
basis
and
are
part-time
employees.
The
bill
eliminates
31
the
three
alternate
board
members,
and
provides
that
all
five
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members
of
the
board
shall
be
full-time,
salaried
employees.
33
The
bill
provides
that
the
governor
shall
appoint
a
34
chairperson
and
vice
chairperson
from
the
membership
of
the
35
board
who
shall
serve
at
the
pleasure
of
the
governor
subject
1
to
senate
confirmation.
2
The
bill
includes
transition
provisions
for
the
current
3
board
membership.
4
DIVISION
XVIII
——
SALARIES
OF
APPOINTED
STATE
OFFICERS.
5
The
general
assembly
periodically
establishes
salary
ranges
6
for
certain
appointed
state
officers
and
authorizes
a
person
7
(generally
the
governor)
to
establish
the
salaries
of
those
8
officers
within
the
ranges
provided.
These
noncodified
9
provisions
remain
operative
until
the
general
assembly
10
subsequently
passes
new
salary
ranges.
The
general
assembly
11
last
passed
such
provisions
in
2008.
12
Under
the
bill,
the
salary
amounts
set
forth
for
ranges
4
13
through
7
remain
the
same
as
those
passed
in
2008.
Ranges
2
14
and
3
no
longer
apply
to
any
positions
and
are
eliminated.
The
15
chairperson
and
members
of
the
employment
appeal
board
are
16
moved
from
range
3
to
range
4,
the
executive
director
of
the
17
public
employment
relations
board
is
added
to
range
5,
and
the
18
lottery
administrator
of
the
department
of
revenue
is
added
to
19
range
7.
20
The
following
positions
included
in
the
2008
salary
ranges
21
(as
amended)
are
not
included
in
the
bill’s
salary
ranges,
22
either
because
the
position
no
longer
exists
under
the
bill
23
or
because
the
salary
of
the
position
is
to
be
set
without
24
a
salary
range
limitation:
(range
2)
administrator
of
the
25
arts
division
of
the
department
of
cultural
affairs,
(range
3)
26
administrator
of
the
division
of
criminal
and
juvenile
justice
27
planning
of
the
department
of
human
rights,
administrator
of
28
the
division
of
community
action
agencies
of
the
department
of
29
human
rights,
(range
4)
director
of
the
department
of
human
30
rights,
members
of
the
public
employment
relations
board,
31
(range
5)
director
of
the
department
of
homeland
security
and
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emergency
management,
drug
policy
coordinator,
director
of
the
33
department
of
cultural
affairs,
director
of
the
department
34
on
aging,
executive
director
of
the
department
of
veterans
35
affairs,
executive
director
of
the
college
student
aid
1
commission,
administrator
of
the
historical
division
of
the
2
department
of
cultural
affairs,
(range
6)
administrator
of
the
3
alcoholic
beverages
division
of
the
department
of
commerce,
4
director
of
the
department
of
inspections
and
appeals,
5
commandant
of
the
Iowa
veterans
home,
commissioner
of
public
6
safety,
commissioner
of
insurance,
executive
director
of
the
7
Iowa
finance
authority,
director
of
the
department
of
natural
8
resources,
(range
7)
director
of
the
department
of
corrections,
9
director
of
the
department
of
education,
director
of
human
10
services,
director
of
the
economic
development
authority,
11
director
of
transportation,
director
of
the
department
of
12
workforce
development,
director
of
revenue,
director
of
public
13
health,
director
of
the
department
of
management,
and
director
14
of
the
department
of
administrative
services.
15
The
bill
makes
corresponding
Code
changes.
This
division
16
takes
effect
June
23,
2023.
17
DIVISION
XIX
——
BOARDS
AND
COMMISSIONS.
This
division
18
establishes
a
boards
and
commissions
review
committee
to
study
19
the
efficiency
and
effectiveness
of
each
board,
council,
20
commission,
committee,
or
other
similar
entity
of
the
state
21
established
by
the
Code.
The
committee
shall
consist
of
six
22
voting
members
and
four
ex
officio,
nonvoting
members.
The
23
voting
members
of
the
committee
shall
be
composed
of
one
staff
24
member
of
the
governor’s
office,
appointed
by
the
governor,
25
the
administrative
rules
coordinator
or
the
coordinator’s
26
designee,
the
director
of
the
department
of
management
or
27
the
director’s
designee,
the
director
of
the
department
of
28
inspections,
appeals,
and
licensing
or
the
director’s
designee,
29
one
assistant
attorney
general,
appointed
by
the
governor
upon
30
recommendation
of
the
attorney
general,
and
one
member
of
the
31
public,
appointed
by
the
governor.
The
ex
officio,
nonvoting
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members
of
the
committee
shall
be
two
state
representatives
and
33
two
state
senators.
The
bill
provides
that
the
office
of
the
34
governor
shall
provide
staffing
for
the
committee.
Finally,
35
the
bill
provides
that
the
committee
shall
submit
a
report
1
containing
its
findings
and
recommendations
to
the
governor
and
2
the
general
assembly
on
or
before
September
30,
2023.
3
DIVISION
XX
——
MISCELLANEOUS
PROVISIONS.
This
division
4
includes
a
provision
relating
to
irreconcilable
amendments
as
5
well
as
transition
provisions.
6
The
bill
provides
that
if
an
amendment
contained
in
division
7
I
of
the
bill
concerning
the
department
of
health
and
human
8
services
is
irreconcilable
to
an
amendment
that
is
made
in
the
9
remainder
of
the
bill,
the
amendment
in
the
remainder
of
the
10
bill,
and
not
in
division
I,
shall
prevail.
11
The
bill
also
includes
a
transition
provision
concerning
12
administrative
rules,
legal
obligations,
funds,
litigation,
13
boards
and
commissions,
and
signs
and
insignia.
The
bill
14
provides
that
the
transition
provision
in
the
division
of
the
15
bill
applies
to
the
entirety
of
the
bill
to
the
extent
that
the
16
transition
provisions
in
the
division
are
not
inconsistent
with
17
alternative
provisions
specifically
provided
by
law
or
in
other
18
divisions
of
the
bill.
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