House Study Bill 126 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON BLOOMINGDALE) 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 TLSB 2073YC (5) 90 ec/jh
H.F. _____ 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. 35 -1- LSB 2073YC (5) 90 ec/jh 1/ 1568
H.F. _____ Sec. 5. Section 7E.5, subsection 1, Code 2023, is amended 1 to read as follows: 2 1. The principal central departments of the executive 3 branch as established by law are listed in this section for 4 central reference purposes as follows: 5 a. The department of management, created in section 8.4 , 6 which has primary responsibility for coordination of state 7 policy planning, management of interagency programs, economic 8 reports, and program development. 9 b. The department of administrative services, created 10 in section 8A.102 , which has primary responsibility for the 11 management and coordination of the major resources of state 12 government. 13 c. The department of revenue, created in section 421.2 , 14 which has primary responsibility for revenue collection and 15 revenue law compliance. 16 d. The department of inspections and appeals, created 17 in section 10A.102 , which has primary responsibility 18 for coordinating the conducting of various inspections, 19 investigations, appeals, hearings, and audits. 20 e. The department of agriculture and land stewardship, 21 created in section 159.2 , which has primary responsibility 22 for encouraging, promoting, and advancing the interests 23 of agriculture and allied industries. The secretary of 24 agriculture is the director of the department of agriculture 25 and land stewardship. 26 f. The department of commerce, created in section 546.2 , 27 which has primary responsibility for business and professional 28 regulatory, service, and licensing functions. 29 g. The economic development authority, created in section 30 15.105 , which has responsibility for ensuring that the 31 economic development policies of the state are effectively and 32 efficiently carried out. 33 h. The department of workforce development, created 34 in section 84A.1 , which has primary responsibility for 35 -2- LSB 2073YC (5) 90 ec/jh 2/ 1568
H.F. _____ administering the laws relating to unemployment compensation 1 insurance, job placement and training, employment safety, labor 2 standards, workers’ compensation, and related matters. 3 i. The department of health and human services, created in 4 section 217.1 , which has primary responsibility for services 5 to individuals to promote the well-being and the social and 6 economic development of the people of the state ; . 7 j. The Iowa department of public health, created in chapter 8 135 , which has primary responsibility for supervision of public 9 health programs, promotion of public hygiene and sanitation, 10 treatment and prevention of substance abuse use disorder , and 11 enforcement of related laws ; . 12 k. The department on aging, created in section 231.21 , 13 which has primary responsibility for leadership and program 14 management for programs which serve the older individuals of 15 the state ; and for services relating to Latino persons, women, 16 persons with disabilities, community action agencies, criminal 17 and juvenile justice planning, African Americans, deaf and 18 hard-of-hearing persons, persons of Asian and Pacific Islander 19 heritage, and Native Americans . 20 l. j. The department of cultural affairs, created in 21 section 303.1 , which has primary responsibility for managing 22 the state’s interests in the areas of the arts, history, the 23 state archives and records program, and other cultural matters. 24 m. k. The department of education, created in section 25 256.1 , which has primary responsibility for supervising public 26 education at the elementary and secondary levels and for 27 supervising the community colleges. 28 n. l. The department of corrections, created in section 29 904.102 , which has primary responsibility for corrections 30 administration, corrections institutions, prison industries, 31 and the development, funding, and monitoring of community-based 32 corrections programs. 33 o. m. The department of public safety, created in section 34 80.1 , which has primary responsibility for statewide law 35 -3- LSB 2073YC (5) 90 ec/jh 3/ 1568
H.F. _____ enforcement and public safety programs that complement and 1 supplement local law enforcement agencies and local inspection 2 services. 3 p. n. The department of public defense, created in section 4 29.1 , which has primary responsibility for state military 5 forces. 6 q. o. The department of natural resources, created in 7 section 455A.2 , which has primary responsibility for state 8 parks and forests, protecting the environment, and managing 9 fish, wildlife, and land and water resources. 10 r. p. The state department of transportation, created in 11 section 307.2 , which has primary responsibility for development 12 and regulation of highway, railway, and air transportation 13 throughout the state, including public transit. 14 s. The department of human rights, created in section 15 216A.1 , which has primary responsibility for services relating 16 to Latino persons, women, persons with disabilities, community 17 action agencies, criminal and juvenile justice planning, 18 African Americans, deaf and hard-of-hearing persons, persons of 19 Asian and Pacific Islander heritage, and Native Americans. 20 t. q. In the area of higher education, an agency headed by 21 the state board of regents and including all the institutions 22 administered by the state board of regents, which has primary 23 responsibility for state involvement in higher education. 24 u. r. The department for the blind, created in chapter 25 216B , which has primary responsibility for services relating 26 to blind persons. 27 v. s. The department of veterans affairs. However, the 28 commission of veterans affairs created in section 35A.2 shall 29 have primary responsibility for state veterans affairs. 30 w. t. The department of homeland security and emergency 31 management, created in section 29C.5 , which has primary 32 responsibility for the administration of emergency planning 33 matters, including emergency resource planning in this state, 34 homeland security activities, and coordination of available 35 -4- LSB 2073YC (5) 90 ec/jh 4/ 1568
H.F. _____ services and resources in the event of a disaster to include 1 those services and resources of the federal government and 2 private entities. 3 Sec. 6. Section 8.39, subsection 2, Code 2023, is amended 4 to read as follows: 5 2. If the appropriation of a department, institution, or 6 agency is insufficient to properly meet the legitimate expenses 7 of the department, institution, or agency, the director, with 8 the approval of the governor, may make an interdepartmental 9 transfer from any other department, institution, or agency of 10 the state having an appropriation in excess of its needs, of 11 sufficient funds to meet that deficiency. Such transfer shall 12 be to an appropriation made from the same funding source and 13 within the same fiscal year. The amount of a transfer made 14 from an appropriation under this subsection shall be limited 15 to not more than one-tenth of one percent of the total of all 16 appropriations made from the funding source of the transferred 17 appropriation for the fiscal year in which the transfer is 18 made. An interdepartmental transfer to an appropriation which 19 is not an entitlement appropriation is not authorized when 20 the general assembly is in regular session and, in addition, 21 the sum of interdepartmental transfers in a fiscal year to an 22 appropriation which is not an entitlement appropriation shall 23 not exceed fifty percent of the amount of the appropriation 24 as enacted by the general assembly. For the purposes of 25 this subsection , an entitlement appropriation is a line item 26 appropriation to the state public defender for indigent defense 27 or to the department of health and human services for foster 28 care, state supplementary assistance, or medical assistance, or 29 for the family investment program. 30 Sec. 7. Section 8A.321, subsection 4, Code 2023, is amended 31 to read as follows: 32 4. Contract, with the approval of the executive council, 33 for the repair, remodeling, or, if the condition warrants, 34 demolition of all buildings and grounds of the state at the 35 -5- LSB 2073YC (5) 90 ec/jh 5/ 1568
H.F. _____ seat of government, at the state laboratories facility in 1 Ankeny, and the institutions of the department of health and 2 human services and the department of corrections for which no 3 specific appropriation has been made, if the cost of repair, 4 remodeling, or demolition will not exceed one hundred thousand 5 dollars when completed. The cost of repair projects for which 6 no specific appropriation has been made shall be paid as an 7 expense authorized by the executive council as provided in 8 section 7D.29 . 9 Sec. 8. Section 8A.362, subsection 8, Code 2023, is amended 10 to read as follows: 11 8. All fuel used in state-assigned automobiles shall be 12 purchased at cost from the various installations or garages 13 of the state department of transportation, state board of 14 regents, department of health and human services, or state 15 motor pools throughout the state, unless the state-owned 16 sources for the purchase of fuel are not reasonably accessible. 17 If the director determines that state-owned sources for the 18 purchase of fuel are not reasonably accessible, the director 19 shall authorize the purchase of fuel from other sources. The 20 director may prescribe a manner, other than the use of the 21 revolving fund, in which the purchase of fuel from state-owned 22 sources is charged to the state agency responsible for the 23 use of the motor vehicle. The director shall prescribe the 24 manner in which oil and other normal motor vehicle maintenance 25 for state-owned motor vehicles may be purchased from private 26 sources, if they cannot be reasonably obtained from a state 27 motor pool. The director may advertise for bids and award 28 contracts in accordance with competitive bidding procedures 29 for items and services as provided in this subchapter for 30 furnishing fuel, oil, grease, and vehicle replacement parts for 31 all state-owned motor vehicles. The director and other state 32 agencies, when advertising for bids for gasoline, shall also 33 seek bids for ethanol blended gasoline. 34 Sec. 9. Section 8A.504, subsection 1, paragraph d, 35 -6- LSB 2073YC (5) 90 ec/jh 6/ 1568
H.F. _____ subparagraph (1), Code 2023, is amended to read as follows: 1 (1) Any debt, which is assigned to the department of health 2 and human services, or which is owed to the department of 3 health and human services for unpaid premiums under section 4 249A.3, subsection 2 , paragraph “a” , subparagraph (1), or 5 which the child support recovery unit services is otherwise 6 attempting to collect, or which the foster care recovery unit 7 services of the department of health and human services is 8 attempting to collect on behalf of a child receiving foster 9 care provided by the department of health and human services. 10 Sec. 10. Section 8A.504, subsection 2, unnumbered paragraph 11 1, Code 2023, is amended to read as follows: 12 The collection entity shall establish and maintain a 13 procedure to set off against any claim owed to a person by a 14 public agency any liability of that person owed to a public 15 agency, a support debt being enforced by the child support 16 recovery unit services pursuant to chapter 252B , or such other 17 qualifying debt. The procedure shall only apply when at the 18 discretion of the director it is feasible. The procedure shall 19 meet the following conditions: 20 Sec. 11. Section 8A.504, subsection 3, Code 2023, is amended 21 to read as follows: 22 3. In the case of multiple claims to payments filed 23 under this section , priority shall be given to claims filed 24 by the child support recovery unit services or the foster 25 care recovery unit services , next priority shall be given to 26 claims filed by the clerk of the district court, next priority 27 shall be given to claims filed by the college student aid 28 commission, next priority shall be given to claims filed by the 29 investigations division of the department of inspections and 30 appeals, and last priority shall be given to claims filed by 31 other public agencies. In the case of multiple claims in which 32 the priority is not otherwise provided by this subsection , 33 priority shall be determined in accordance with rules to be 34 established by the director. 35 -7- LSB 2073YC (5) 90 ec/jh 7/ 1568
H.F. _____ Sec. 12. Section 8A.512, subsection 1, paragraph b, 1 subparagraph (2), Code 2023, is amended to read as follows: 2 (2) Claims for medical assistance payments authorized under 3 chapter 249A are subject to the time limits imposed by rule 4 adopted by the department of health and human services. 5 Sec. 13. Section 10A.104, subsection 2, Code 2023, is 6 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 of 11 the racing and gaming commission, and members of the employment 12 appeal board , and administrator of the child advocacy board 13 created in section 237.16 . All persons appointed and employed 14 in the department are covered by the provisions of chapter 15 8A, subchapter IV , but persons not appointed by the director 16 are exempt from the merit system provisions of chapter 8A, 17 subchapter IV . 18 Sec. 14. Section 10A.108, Code 2023, is amended to read as 19 follows: 20 10A.108 Improper health and human services entitlement 21 benefits or provider payments —— debt, lien, collection. 22 1. a. If a person refuses or neglects to repay benefits or 23 provider payments inappropriately obtained from the department 24 of health and human services, the amount inappropriately 25 obtained, including any interest, penalty, or costs attached 26 to the amount, constitutes a debt and is a lien in favor of the 27 state upon all property and any rights or title to or interest 28 in property, whether real or personal, belonging to the person 29 for the period established in subsection 2 , with the exception 30 of property which is exempt from execution pursuant to chapter 31 627 . 32 b. A lien under this section shall not attach to any amount 33 of inappropriately obtained benefits or provider payments, or 34 portions of the benefits or provider payments, attributable to 35 -8- LSB 2073YC (5) 90 ec/jh 8/ 1568
H.F. _____ errors by the department of health and human services. Liens 1 shall only attach to the amounts of inappropriately obtained 2 benefits or provider payments or portions of the benefits or 3 provider payments which were obtained due to false, misleading, 4 incomplete, or inaccurate information submitted by a person in 5 connection with the application for or receipt of benefits or 6 provider payments. 7 2. a. The lien attaches at the time the notice of the 8 lien is filed under subsection 3 , and continues for ten years 9 from that date, unless released or otherwise discharged at an 10 earlier time. 11 b. The lien may be extended, within ten years from the 12 date of attachment, if a person files a notice with the county 13 recorder or other appropriate county official of the county 14 in which the property is located at the time of filing the 15 extension. From the time of the filing of the notice, the lien 16 period shall be extended for ten years to apply to the property 17 in the county in which the notice is filed, unless released 18 or otherwise discharged at an earlier time. The number of 19 extensions is not limited. 20 c. The director department shall discharge any lien which is 21 allowed to lapse and may charge off any account and release the 22 corresponding lien before the lien has lapsed if the director 23 department determines, under uniform rules prescribed by the 24 director, that the account is uncollectible or collection costs 25 involved would not warrant collection of the amount due. 26 3. To preserve the lien against subsequent mortgagees, 27 purchasers, or judgment creditors, for value and without notice 28 of the lien, on any property located in a county, the director 29 shall file a notice of the lien with the recorder of the county 30 in which the property is located at the time of filing of the 31 notice. 32 4. The county recorder of each county shall prepare 33 and maintain in the recorder’s office an index of liens of 34 debts established based upon benefits or provider payments 35 -9- LSB 2073YC (5) 90 ec/jh 9/ 1568
H.F. _____ inappropriately obtained from and owed the department of health 1 and human services, containing the applicable entries specified 2 in sections 558.49 and 558.52 , and providing appropriate 3 columns for all of the following data, under the names of 4 debtors, arranged alphabetically: 5 a. The name of the debtor. 6 b. “State of Iowa, Department of Health and Human Services” 7 as claimant. 8 c. The time that the notice of the lien was filed for 9 recording. 10 d. The date of notice. 11 e. The amount of the lien currently due. 12 f. The date of the assessment. 13 g. The date of satisfaction of the debt. 14 h. Any extension of the time period for application of the 15 lien and the date that the notice for extension was filed. 16 5. The recorder shall endorse on each notice of lien the day 17 and time filed for recording and the document reference number, 18 and shall preserve the notice. The recorder shall index the 19 notice and shall record the lien in the manner provided for 20 recording real estate mortgages. The lien is effective from 21 the time of the indexing. 22 6. The department shall pay, from moneys appropriated to 23 the department for this purpose, recording fees as provided in 24 section 331.604 , for the recording of the lien. 25 7. Upon payment of a debt for which the director department 26 has filed notice with a county recorder, the director 27 department shall provide to the debtor a satisfaction of 28 the debt. The debtor shall be responsible for filing the 29 satisfaction of the debt with the recorder and the recorder 30 shall enter the satisfaction on the notice on file in the 31 recorder’s office. 32 8. The department of inspections and appeals, as provided 33 in this chapter and chapter 626 , shall proceed to collect all 34 debts owed the department of health and human services as soon 35 -10- LSB 2073YC (5) 90 ec/jh 10/ 1568
H.F. _____ as practicable after the debt becomes delinquent. If service 1 has not been made on a distress warrant by the officer to whom 2 addressed within five days from the date the distress warrant 3 was received by the officer, the authorized investigators of 4 the department of inspections and appeals may serve and make 5 return of the warrant to the clerk of the district court of 6 the county named in the distress warrant, and all subsequent 7 procedures shall be in compliance with chapter 626 . 8 9. The distress warrant shall be in a form as prescribed 9 by the director, shall be directed to the sheriff of the 10 appropriate county, and shall identify the debtor, the type 11 of debt, and the delinquent amount. The distress warrant 12 shall direct the sheriff to distrain, seize, garnish, or levy 13 upon, and sell, as provided by law, any real or personal 14 property belonging to the debtor to satisfy the amount of the 15 delinquency plus costs. The distress warrant shall also direct 16 the sheriff to make due and prompt return to the department 17 or to the district court under chapter 626 of all amounts 18 collected. 19 10. The attorney general, upon the request of the director 20 of inspections and appeals, shall bring an action, as the facts 21 may justify, without bond, to enforce payment of any debts 22 under this section , and in the action the attorney general 23 shall have the assistance of the county attorney of the county 24 in which the action is pending. 25 11. The remedies of the state shall be cumulative and no 26 action taken by the director of inspections and appeals or 27 attorney general shall be construed to be an election on the 28 part of the state or any of its officers to pursue any remedy to 29 the exclusion of any other remedy provided by law. 30 Sec. 15. Section 10A.402, subsections 4 and 5, Code 2023, 31 are amended to read as follows: 32 4. Investigations and collections relative to the 33 liquidation of overpayment debts owed to the department of 34 health and human services. Collection methods include but are 35 -11- LSB 2073YC (5) 90 ec/jh 11/ 1568
H.F. _____ not limited to small claims filings, debt setoff, distress 1 warrants, and repayment agreements, and are subject to approval 2 by the department of health and human services. 3 5. Investigations relative to the administration of the 4 state supplementary assistance program, the state medical 5 assistance program, the food stamp supplemental nutrition 6 assistance program, the family investment program, and any 7 other state or federal benefit assistance program. 8 Sec. 16. Section 11.5B, Code 2023, is amended to read as 9 follows: 10 11.5B Repayment of audit expenses by state departments and 11 agencies. 12 The auditor of state shall be reimbursed by a department 13 or agency for performing audits or examinations of the 14 following state departments or agencies, or funds received by 15 a department or agency: 16 1. Department of commerce. 17 2. Department of health and human services. 18 3. State department of transportation. 19 4. Iowa department of public health. 20 5. 4. State board of regents. 21 6. 5. Department of agriculture and land stewardship. 22 7. 6. Iowa veterans home. 23 8. 7. Department of education. 24 9. 8. Department of workforce development. 25 10. 9. Department of natural resources. 26 11. 10. Offices of the clerks of the district court of the 27 judicial branch. 28 12. 11. The Iowa public employees’ retirement system. 29 13. 12. Federal financial assistance, as defined in the 30 federal Single Audit Act, 31 U.S.C. §7501, et seq., received by 31 all other departments. 32 14. 13. Department of administrative services. 33 15. 14. Office of the chief information officer of the 34 department of management. 35 -12- LSB 2073YC (5) 90 ec/jh 12/ 1568
H.F. _____ Sec. 17. Section 11.6, subsection 1, paragraph b, Code 2023, 1 is amended to read as follows: 2 b. The financial condition and transactions of community 3 mental health centers organized under chapter 230A , substance 4 abuse use disorder programs organized under chapter 125 , and 5 community action agencies organized under chapter 216A , shall 6 be audited at least once each year. 7 Sec. 18. Section 12.10, Code 2023, is amended to read as 8 follows: 9 12.10 Deposits by state officers. 10 Except as otherwise provided, all elective and appointive 11 state officers, boards, commissions, and departments shall, 12 within ten days succeeding the collection, deposit with the 13 treasurer of state, or to the credit of the treasurer of state 14 in any depository designated by the treasurer of state, ninety 15 percent of all fees, commissions, and moneys collected or 16 received. The balance actually collected in cash, remaining 17 in the hands of any officer, board, or department shall not 18 exceed the sum of five thousand dollars and money collected 19 shall not be held more than thirty days. This section does not 20 apply to the state fair board, the state board of regents, the 21 utilities board of the department of commerce, the director of 22 the department of health and human services, the Iowa finance 23 authority , or to the funds received by the state racing and 24 gaming commission under sections 99D.7 and 99D.14 . 25 Sec. 19. Section 12E.3A, subsection 1, Code 2023, is amended 26 to read as follows: 27 1. The general assembly reaffirms and reenacts the purposes 28 stated for the use of moneys deposited in the healthy Iowans 29 tobacco trust, as the purposes were enacted in 2000 Iowa Acts, 30 ch. 1232, §12, and codified in section 12.65 , Code 2007, as 31 the purposes for the endowment for Iowa’s health account. 32 The purposes include those purposes related to health care, 33 substance abuse use disorder treatment and enforcement, tobacco 34 use prevention and control, and other purposes related to the 35 -13- LSB 2073YC (5) 90 ec/jh 13/ 1568
H.F. _____ needs of children, adults, and families in the state. 1 Sec. 20. Section 13.6, Code 2023, is amended to read as 2 follows: 3 13.6 Assistant for human services department of health and 4 human services . 5 The attorney general may appoint one assistant attorney 6 general to perform and supervise the legal work of the division 7 of child and family services of the department of health and 8 human services, and in such event the salary and necessary 9 traveling expenses of such assistant attorney general shall be 10 paid from the appropriation to said division the department , 11 and upon request of the attorney general the director of the 12 department of health and human services shall provide and equip 13 a suitable office and the necessary secretarial assistance for 14 such assistant attorney general. 15 Sec. 21. Section 15.102, subsection 12, paragraph b, 16 subparagraph (1), subparagraph division (d), Code 2023, is 17 amended to read as follows: 18 (d) Psychoactive substance abuse use disorders resulting 19 from current illegal use of drugs. 20 Sec. 22. Section 15H.1A, Code 2023, is amended to read as 21 follows: 22 15H.1A Definitions. 23 For purposes of this chapter , unless the context otherwise 24 requires: 25 1. “Authority” means the economic development authority 26 created in section 15.105 . 27 2. 1. “Commission” means the Iowa commission on volunteer 28 service created in section 15H.2 . 29 2. “Department” means the department of health and human 30 services. 31 3. “Director” means the director of the authority health and 32 human services . 33 Sec. 23. Section 15H.2, subsection 1, Code 2023, is amended 34 to read as follows: 35 -14- LSB 2073YC (5) 90 ec/jh 14/ 1568
H.F. _____ 1. The Iowa commission on volunteer service is created 1 within the authority department . The governor shall appoint 2 the commission’s members. The director may employ personnel 3 as necessary to carry out the duties and responsibilities of 4 the commission. 5 Sec. 24. Section 15H.2, subsection 3, paragraph i, Code 6 2023, is amended to read as follows: 7 i. Administer the retired and senior volunteer program. 8 Sec. 25. Section 15H.4, subsection 1, Code 2023, is amended 9 to read as follows: 10 1. The authority department shall serve as the lead agency 11 for administration of the commission. The authority department 12 may consult with the department of education, the state board 13 of regents, and the department of workforce development for any 14 additional administrative support as necessary to fulfill the 15 duties of the commission. All other state agencies, at the 16 request of the authority department , shall provide assistance 17 to the commission to ensure a fully coordinated state effort 18 for promoting national and community service. 19 Sec. 26. Section 15H.5, subsection 5, paragraph a, Code 20 2023, is amended to read as follows: 21 a. Funding for the Iowa summer youth corps program, the 22 Iowa green corps program established pursuant to section 23 15H.6 , the Iowa reading corps program established pursuant to 24 section 15H.7 , the RefugeeRISE AmeriCorps program established 25 pursuant to section 15H.8 , and the Iowa national service 26 corps program established pursuant to section 15H.9 shall be 27 obtained from private sector, and local, state, and federal 28 government sources, or from other available funds credited 29 to the community programs account, which shall be created 30 within the economic development authority department under the 31 authority of the commission. Moneys available in the account 32 for a fiscal year are appropriated to the commission to be 33 used for the programs. The commission may establish an escrow 34 account within the authority department and obligate moneys 35 -15- LSB 2073YC (5) 90 ec/jh 15/ 1568
H.F. _____ within that escrow account for tuition or program payments to 1 be made beyond the term of any fiscal year. Notwithstanding 2 section 12C.7, subsection 2 , interest earned on moneys in the 3 community programs account shall be credited to the account. 4 Notwithstanding section 8.33 , moneys in the community programs 5 account or escrow account shall not revert to the general fund 6 but shall remain available for expenditure in future fiscal 7 years. 8 Sec. 27. Section 15H.8, Code 2023, is amended to read as 9 follows: 10 15H.8 RefugeeRISE AmeriCorps program. 11 1. a. The commission, in collaboration with the department 12 of human services , shall establish a Refugee Rebuild, 13 Integrate, Serve, Empower (RefugeeRISE) AmeriCorps program 14 to increase community integration and engagement for diverse 15 refugee communities in rural and urban areas across the state. 16 b. The commission, in collaboration with the department 17 of human services , may adopt rules pursuant to chapter 17A to 18 implement and administer this section . 19 2. The commission may use moneys in and lawfully available 20 to the community programs account created in section 15H.5 to 21 fund the program. 22 3. The commission shall submit an annual report to the 23 general assembly and the department of human services relating 24 to the efficacy of the program. 25 Sec. 28. Section 15H.10, subsection 6, Code 2023, is amended 26 to read as follows: 27 6. Notwithstanding section 8.33 , moneys appropriated to 28 the economic development authority department for allocation 29 to the commission for purposes of this section that remain 30 unencumbered or unobligated at the close of a fiscal year 31 shall not revert but shall remain available to be used for the 32 purposes designated in this section until the close of the 33 succeeding fiscal year. 34 Sec. 29. Section 16.2D, subsection 1, Code 2023, is amended 35 -16- LSB 2073YC (5) 90 ec/jh 16/ 1568
H.F. _____ to read as follows: 1 1. A council on homelessness is created consisting of twenty 2 members, eleven of whom are voting members and nine of whom are 3 nonvoting members . At all times, at least one voting member 4 shall be a member of a minority group. 5 Sec. 30. Section 16.2D, subsection 2, paragraph b, Code 6 2023, is amended to read as follows: 7 b. Nine nonvoting Nonvoting agency director members 8 consisting of all of the following: 9 (1) The director of the department of education or the 10 director’s designee. 11 (2) The director of health and human services or the 12 director’s designee. 13 (3) The attorney general or the attorney general’s 14 designee. 15 (4) The director of public health or the director’s 16 designee. 17 (5) The director of the department on aging or the 18 director’s designee. 19 (6) (4) The director of the department of corrections or 20 the director’s designee. 21 (7) (5) The director of the department of workforce 22 development or the director’s designee. 23 (8) (6) The executive director of the Iowa finance 24 authority or the executive director’s designee. 25 (9) (7) The director of the department of veterans affairs 26 or the director’s designee. 27 Sec. 31. Section 16.3, subsection 9, Code 2023, is amended 28 to read as follows: 29 9. The interest costs paid by group homes of fifteen beds or 30 less licensed as health care facilities or child foster care 31 facilities for facility acquisition and indirectly reimbursed 32 by the department of health and human services through payments 33 for patients at those facilities who are recipients of medical 34 assistance or state supplementary assistance are severe drains 35 -17- LSB 2073YC (5) 90 ec/jh 17/ 1568
H.F. _____ on the state’s budget. A reduction in these costs obtained 1 through financing with tax-exempt revenue bonds would clearly 2 be in the public interest. 3 Sec. 32. Section 16.47, subsection 3, Code 2023, is amended 4 to read as follows: 5 3. The authority, in cooperation with the department on 6 aging of health and human services , shall annually allocate 7 moneys available in the home and community-based services 8 revolving loan program fund to develop and expand facilities 9 and infrastructure that provide adult day services, respite 10 services, congregate meals, and programming space for health 11 and wellness, health screening, and nutritional assessments 12 that address the needs of persons with low incomes. 13 Sec. 33. Section 16.48, subsections 1 and 3, Code 2023, are 14 amended to read as follows: 15 1. A transitional housing revolving loan program fund is 16 created within the authority to further the availability of 17 affordable housing for parents that are reuniting with their 18 children while completing or participating in substance abuse 19 use disorder treatment. The moneys in the fund are annually 20 appropriated to the authority to be used for the development 21 and operation of a revolving loan program to provide financing 22 to construct affordable transitional housing, including through 23 new construction or acquisition and rehabilitation of existing 24 housing. The housing provided shall be geographically located 25 in close proximity to licensed substance abuse use disorder 26 treatment programs. Preference in funding shall be given to 27 projects that reunite mothers with the mothers’ children. 28 3. The authority shall annually allocate moneys available 29 in the transitional housing revolving loan program fund for the 30 development of affordable transitional housing for parents that 31 are reuniting with the parents’ children while completing or 32 participating in substance abuse use disorder treatment. The 33 authority shall develop a joint application process for the 34 allocation of federal low-income housing tax credits and the 35 -18- LSB 2073YC (5) 90 ec/jh 18/ 1568
H.F. _____ funds available under this section . Moneys allocated to such 1 projects may be in the form of loans, grants, or a combination 2 of loans and grants. 3 Sec. 34. Section 16.49, subsection 4, Code 2023, is amended 4 to read as follows: 5 4. a. A project shall demonstrate written approval of the 6 project by the department of health and human services to the 7 authority prior to application for funding under this section . 8 b. In order to be approved by the department of health and 9 human services for application for funding for development of 10 permanent supportive housing under this section , a project 11 shall include all of the following components: 12 (1) Provision of services to any of the following Medicaid 13 waiver-eligible individuals: 14 (a) Individuals who are currently underserved in community 15 placements, including individuals who are physically aggressive 16 or have behaviors that are difficult to manage or individuals 17 who meet the psychiatric medical institution for children level 18 of care. 19 (b) Individuals who are currently residing in out-of-state 20 facilities. 21 (c) Individuals who are currently receiving care in a 22 licensed health care facility. 23 (2) A plan to provide each individual with crisis 24 stabilization services to ensure that the individual’s 25 behavioral issues are appropriately addressed by the provider. 26 (3) Policies and procedures that prohibit discharge of the 27 individual from the waiver services provided by the project 28 provider unless an alternative placement that is acceptable to 29 the client or the client’s guardian is identified. 30 c. In order to be approved by the department of health and 31 human services for application for funding for development of 32 infrastructure in which to provide supportive services under 33 this section , a project shall include all of the following 34 components: 35 -19- LSB 2073YC (5) 90 ec/jh 19/ 1568
H.F. _____ (1) Provision of services to Medicaid waiver-eligible 1 individuals who meet the psychiatric medical institution for 2 children level of care. 3 (2) Policies and procedures that prohibit discharge of the 4 individual from the waiver services provided by the project 5 provider unless an alternative placement that is acceptable to 6 the client or the client’s guardian is identified. 7 d. Housing provided through a project under this section is 8 exempt from the requirements of chapter 135O . 9 Sec. 35. Section 22.7, subsections 2, 16, 35, 61, and 62, 10 Code 2023, are amended to read as follows: 11 2. Hospital records, medical records, and professional 12 counselor records of the condition, diagnosis, care, or 13 treatment of a patient or former patient or a counselee or 14 former counselee, including outpatient. However, confidential 15 communications between a crime victim and the victim’s 16 counselor are not subject to disclosure except as provided in 17 section 915.20A . However, the Iowa department of public health 18 and human services shall adopt rules which provide for the 19 sharing of information among agencies and providers concerning 20 the maternal and child health program including but not limited 21 to the statewide child immunization information system, while 22 maintaining an individual’s confidentiality. 23 16. Information in a report to the Iowa department of public 24 health and human services , to a local board of health, or to 25 a local health department, which identifies a person infected 26 with a reportable disease. 27 35. Records of the Iowa department of public health and 28 human services pertaining to participants in the gambling 29 treatment program except as otherwise provided in this chapter . 30 61. Records of the department on aging of health and human 31 services pertaining to clients served by the state office or a 32 local office of public guardian as defined in section 231E.3 . 33 62. Records maintained by the department on aging of health 34 and human services or office of long-term care ombudsman that 35 -20- LSB 2073YC (5) 90 ec/jh 20/ 1568
H.F. _____ disclose the identity of a complainant, resident, tenant, or 1 individual receiving services provided by the department on 2 aging of health and human services , an area agency on aging, 3 or the office of long-term care ombudsman, unless disclosure 4 is otherwise allowed under section 231.42, subsection 12 , 5 paragraph “a” . 6 Sec. 36. Section 23A.2, subsection 10, paragraph l, 7 unnumbered paragraph 1, Code 2023, is amended to read as 8 follows: 9 The offering of goods and services to the public as part 10 of a client training program operated by a state resource 11 center under the control of the department of health and human 12 services provided that all of the following conditions are met: 13 Sec. 37. Section 23A.2, subsection 10, paragraph l, 14 subparagraph (1), Code 2023, is amended to read as follows: 15 (1) Any off-campus vocational or employment training 16 program developed or operated by the department of health and 17 human services for clients of a state resource center is a 18 supported vocational training program or a supported employment 19 program offered by a community-based provider of services or 20 other employer in the community. 21 Sec. 38. Section 28M.1, subsection 7, Code 2023, is amended 22 to read as follows: 23 7. “Transportation” means the movement of individuals in 24 a four or more wheeled motorized vehicle designed to carry 25 passengers, including a car, van, or bus, or the carrying 26 of individuals upon cars operated upon stationary rails, 27 between one geographic point and another geographic point. 28 “Transportation” does not include emergency or incidental 29 transportation or transportation conducted by the department of 30 health and human services at its institutions. 31 Sec. 39. Section 29C.20A, subsection 2, unnumbered 32 paragraph 1, Code 2023, is amended to read as follows: 33 The grant funds shall be administered by the department of 34 health and human services. The department shall adopt rules 35 -21- LSB 2073YC (5) 90 ec/jh 21/ 1568
H.F. _____ to create the Iowa disaster aid individual assistance grant 1 program. The rules shall specify the eligibility of applicants 2 and eligible items for grant funding. The executive council 3 shall use grant funds to reimburse the department of health 4 and human services for its actual expenses associated with 5 the administration of the grants. The department of health 6 and human services may implement an ongoing contract with a 7 provider or providers of a statewide program with local offices 8 throughout the state to serve as the local administrative 9 entity for the grant program so that the program can be 10 implemented with minimal delay when a disaster occurs in a 11 local area. The rules adopted by the department of health 12 and human services for the program shall include but are not 13 limited to all of the following: 14 Sec. 40. Section 29C.20A, subsections 4 and 5, Code 2023, 15 are amended to read as follows: 16 4. A recipient of grant funding shall receive reimbursement 17 for expenses upon presenting a receipt for an eligible expense 18 or shall receive a voucher through a voucher system developed 19 by the department of health and human services and administered 20 locally within the designated disaster area. A voucher system 21 shall ensure sufficient data collection to discourage and 22 prevent fraud. The department shall consult with long-term 23 disaster recovery committees and disaster recovery case 24 management committees in developing a voucher system. 25 5. The department of health and human services shall submit 26 an annual report, by January 1 of each year, to the legislative 27 fiscal committee and the general assembly’s standing committees 28 on government oversight concerning the activities of the grant 29 program in the previous fiscal year. 30 Sec. 41. Section 29C.20B, Code 2023, is amended to read as 31 follows: 32 29C.20B Disaster case management grant fund and program. 33 1. a. A disaster case management grant fund is created 34 in the state treasury for the use of the executive council. 35 -22- LSB 2073YC (5) 90 ec/jh 22/ 1568
H.F. _____ Moneys in the fund shall be expended if grants are awarded 1 pursuant to section 29C.20A following the governor’s 2 proclamation of a state of disaster emergency or the 3 declaration of a major disaster by the president of the United 4 States. 5 b. The executive council may make financial grants to meet 6 disaster-related case management needs of disaster-affected 7 individuals. The aggregate total of grants awarded shall 8 not be more than one million dollars during a fiscal year. 9 However, within the same fiscal year, additional funds may 10 be specifically authorized by the executive council to meet 11 additional needs. Upon request of the department of health and 12 human services, the executive council may make available up to 13 one hundred thousand dollars, or so much as is necessary, for 14 contract entity staff support and case management training. 15 c. The department of health and human services shall 16 work with the department of homeland security and emergency 17 management and, as selected by the department of health and 18 human services, a representative of nonprofit, voluntary, 19 and faith-based organizations active in disaster recovery 20 and response to establish a statewide system of disaster 21 case management to be activated following the governor’s 22 proclamation of a disaster emergency or the declaration of 23 a major disaster by the president of the United States for 24 individual assistance purposes. 25 2. The department of health and human services shall 26 administer disaster case management grants. The department of 27 health and human services, in conjunction with the department 28 of homeland security and emergency management, shall establish 29 a disaster case management program and adopt rules pursuant to 30 chapter 17A necessary to administer the program. The executive 31 council shall use grant moneys to reimburse the department 32 of health and human services for actual expenses associated 33 with the administration of the grants. Under the program, the 34 department of health and human services shall coordinate case 35 -23- LSB 2073YC (5) 90 ec/jh 23/ 1568
H.F. _____ management services locally through one or more contracted 1 entities. The department of health and human services shall 2 implement an ongoing contract with a provider of a statewide 3 program with local offices throughout the state to serve as 4 the local administrative entity for the grant program to allow 5 implementation of the program with minimal delay if grants are 6 awarded pursuant to section 29C.20A following a governor’s 7 proclamation of a state of disaster emergency or a declaration 8 of a major disaster by the president of the United States. 9 3. The department of health and human services, in 10 conjunction with the department of homeland security and 11 emergency management and a representative of the Iowa voluntary 12 organizations active in disaster, shall adopt rules pursuant to 13 chapter 17A to create coordination mechanisms and standards for 14 the establishment and implementation of a statewide system of 15 disaster case management. The rules adopted by the department 16 of health and human services for the program shall include but 17 are not limited to all of the following: 18 a. If a local administrative entity is under contract with 19 the state to provide other services or is implementing a state 20 or federal program and the contract contains a sufficient 21 surety bond or other adequate financial responsibility 22 provisions, the department shall accept the existing surety 23 bond or financial responsibility provisions in lieu of applying 24 a new or additional surety bond or financial responsibility 25 requirement. 26 b. Authorization for the local administrative entity to draw 27 down grant funding to pay valid claims on at least a weekly 28 basis. 29 c. Disaster case management standards. 30 d. Disaster case management policies. 31 e. Reporting requirements. 32 f. Eligibility criteria. 33 g. Coordination mechanisms necessary to carry out the 34 services provided. 35 -24- LSB 2073YC (5) 90 ec/jh 24/ 1568
H.F. _____ h. Development of formal working relationships with agencies 1 and creation of interagency agreements for those considered to 2 provide disaster case management services. 3 i. Establishment of nonduplication of benefits policies and 4 mechanisms for the exchange of information between agencies to 5 ensure compliance with the federal Health Insurance Portability 6 and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 7 1936 (1996). 8 j. Referral to all known available services for individuals 9 from multiple agencies in coordinated service locations. 10 4. By January 1 of each year, the department of health 11 and human services shall submit an annual written report to 12 the legislative fiscal committee and the general assembly’s 13 standing committees on government oversight concerning the 14 activities of the grant program during the previous fiscal 15 year. 16 Sec. 42. Section 35A.5, subsection 5, paragraph a, Code 17 2023, is amended to read as follows: 18 a. Coordinate with United States department of veterans 19 affairs hospitals, health care facilities, and clinics in this 20 state and the department of public health and human services 21 to provide assistance to veterans and their families to reduce 22 the incidence of alcohol and chemical dependency and suicide 23 among veterans and to make mental health counseling available 24 to veterans. 25 Sec. 43. Section 35D.14A, Code 2023, is amended to read as 26 follows: 27 35D.14A Volunteer record checks. 28 1. Persons who are potential volunteers or volunteers in 29 the Iowa veterans home in a position having direct individual 30 contact with patients or residents of the home shall be subject 31 to criminal history and child and dependent adult abuse record 32 checks in accordance with this section . The Iowa veterans home 33 shall request that the department of public safety perform the 34 criminal history check and the record check evaluation system 35 -25- LSB 2073YC (5) 90 ec/jh 25/ 1568
H.F. _____ of the department of health and human services perform child 1 and dependent adult abuse record checks of the person in this 2 state and may request these checks in other states. 3 2. a. If it is determined that a person has been convicted 4 of a crime under a law of any state or has a record of 5 founded child or dependent adult abuse, the person shall not 6 participate as a volunteer with direct individual contact 7 with patients or residents of the Iowa veterans home unless 8 an evaluation has been performed by the department of human 9 services record check evaluation system to determine whether 10 the crime or founded child or dependent adult abuse warrants 11 prohibition of the person’s participation as a volunteer in the 12 Iowa veterans home. The department of human services record 13 check evaluation system shall perform such evaluation upon the 14 request of the Iowa veterans home. 15 b. In an evaluation, the department of human services 16 record check evaluation system shall consider the nature and 17 seriousness of the crime or founded child or dependent adult 18 abuse in relation to the position sought or held, the time 19 elapsed since the commission of the crime or founded child or 20 dependent adult abuse, the circumstances under which the crime 21 or founded child or dependent adult abuse was committed, the 22 degree of rehabilitation, the likelihood that the person will 23 commit the crime or founded child or dependent adult abuse 24 again, and the number of crimes or founded child or dependent 25 adult abuses committed by the person involved. 26 c. If the department of human services record check 27 evaluation system performs an evaluation for the purposes of 28 this section , the department of human services record check 29 evaluation system has final authority in determining whether 30 prohibition of the person’s participation as a volunteer is 31 warranted. The department of human services record check 32 evaluation system may permit a person who is evaluated to 33 participate as a volunteer if the person complies with the 34 department’s record check evaluation system’s conditions 35 -26- LSB 2073YC (5) 90 ec/jh 26/ 1568
H.F. _____ relating to participation as a volunteer which may include 1 completion of additional training. 2 Sec. 44. Section 47.7, subsection 2, paragraph a, Code 2023, 3 is amended to read as follows: 4 a. On or before January 1, 2006, the state registrar of 5 voters shall implement in a uniform and nondiscriminatory 6 manner, a single, uniform, official, centralized, interactive 7 computerized statewide voter registration file defined, 8 maintained, and administered at the state level that contains 9 the name and registration information of every legally 10 registered voter in the state and assigns a unique identifier 11 to each legally registered voter in the state. The state voter 12 registration system shall be coordinated with other agency 13 databases within the state, including, but not limited to, 14 state department of transportation driver’s license records, 15 judicial records of convicted felons and persons declared 16 incompetent to vote, and Iowa department of public health and 17 human services records of deceased persons. 18 Sec. 45. Section 48A.19, subsection 1, Code 2023, is amended 19 to read as follows: 20 1. The following state agencies are responsible for voter 21 registration: 22 a. All state offices that have direct client contact and 23 provide applications for public assistance, including but not 24 limited to offices administering the following programs: 25 (1) Food stamps The supplemental nutrition assistance 26 program . 27 (2) Medical The medical assistance program under chapter 28 249A . 29 (3) Iowa The Iowa family investment program. 30 (4) Special The special supplemental nutrition program for 31 women, infants, and children. 32 b. (1) All offices that provide state-funded programs 33 primarily engaged in providing services to persons with 34 disabilities, including but not limited to all of the 35 -27- LSB 2073YC (5) 90 ec/jh 27/ 1568
H.F. _____ following: 1 (a) Department for the blind. 2 (b) Division of vocational rehabilitation services of the 3 department of education. 4 (c) Office of deaf services of the department of health and 5 human rights services or its successor agency. 6 (d) Office of persons with disabilities of the department of 7 health and human rights services or its successor agency. 8 (2) An agency designated a voter registration agency 9 under this paragraph which provides services to persons with 10 disabilities in their homes shall provide voter registration 11 services at the clients’ homes. 12 c. Other federal and state agencies designated to provide 13 voter registration services include, but are not limited to, 14 the United States armed forces recruiting offices. 15 Sec. 46. Section 48A.31, Code 2023, is amended to read as 16 follows: 17 48A.31 Deceased persons record. 18 The state registrar of vital statistics shall transmit 19 or cause to be transmitted to the state registrar of voters, 20 once each calendar quarter, a certified list of all persons 21 seventeen years of age and older in the state whose deaths have 22 been reported to the bureau state registrar of vital records 23 of the Iowa department of public health statistics since the 24 previous list of decedents was certified to the state registrar 25 of voters. The list shall be submitted according to the 26 specifications of the state registrar of voters and shall be 27 transmitted to the state registrar of voters without charge 28 for production or transmission. The commissioner shall, in 29 the month following the end of a calendar quarter, run the 30 statewide voter registration system’s matching program to 31 determine whether a listed decedent was registered to vote in 32 the county and shall immediately cancel the registration of any 33 person named on the list of decedents. 34 Sec. 47. Section 68B.2, subsection 23, Code 2023, is amended 35 -28- LSB 2073YC (5) 90 ec/jh 28/ 1568
H.F. _____ to read as follows: 1 23. “Regulatory agency” means the department of agriculture 2 and land stewardship, department of workforce development, 3 department of commerce, Iowa department of public health, 4 department of public safety, department of education, state 5 board of regents, department of health and human services, 6 department of revenue, department of inspections and appeals, 7 department of administrative services, public employment 8 relations board, state department of transportation, civil 9 rights commission, department of public defense, department of 10 homeland security and emergency management, Iowa ethics and 11 campaign disclosure board, and department of natural resources. 12 Sec. 48. Section 80.9B, subsections 3 and 7, Code 2023, are 13 amended to read as follows: 14 3. The provisions of chapter 141A also do not apply to 15 the transmission of the same information from either or 16 both information systems to employees of state correctional 17 institutions subject to the jurisdiction of the department 18 of corrections, employees of secure facilities for juveniles 19 subject to the jurisdiction of the department of health and 20 human services, and employees of city and county jails, if 21 those employees have direct physical supervision over inmates 22 of those facilities or institutions. 23 7. The commissioner shall develop and establish, in 24 cooperation with the department of corrections and the 25 department of public health and human services , training 26 programs and program criteria for persons receiving human 27 immunodeficiency virus-related information through the Iowa 28 criminal justice information system or the national crime 29 information center system. 30 Sec. 49. Section 80.28, subsection 2, paragraph a, 31 subparagraph (6), Code 2023, is amended to read as follows: 32 (6) One member representing the Iowa department of public 33 health and human services . 34 Sec. 50. Section 80B.11C, Code 2023, is amended to read as 35 -29- LSB 2073YC (5) 90 ec/jh 29/ 1568
H.F. _____ follows: 1 80B.11C Public safety telecommunicator training standards. 2 The director of the academy, subject to the approval of 3 the council, in consultation with the Iowa state sheriffs’ 4 and deputies’ association, the Iowa police executive forum, 5 the Iowa peace officers association, the Iowa state police 6 association, the Iowa professional fire fighters, the Iowa 7 emergency medical services association, the joint council of 8 Iowa fire service organizations, the Iowa department of public 9 safety, the Iowa chapter of the association of public-safety 10 communications officials——international, inc., the Iowa chapter 11 of the national emergency number association, the department 12 of homeland security and emergency management, and the Iowa 13 department of public health and human services , shall adopt 14 rules pursuant to chapter 17A establishing minimum standards 15 for training of public safety telecommunicators. “Public 16 safety telecommunicator” means a person who serves as a first 17 responder by receiving requests for, or by dispatching requests 18 to, emergency response agencies which include but are not 19 limited to law enforcement, fire, rescue, and emergency medical 20 services agencies. 21 Sec. 51. Section 80E.1, Code 2023, is amended to read as 22 follows: 23 80E.1 Drug policy coordinator. 24 1. A drug policy coordinator shall be appointed by the 25 governor, subject to confirmation by the senate, and shall 26 serve at the pleasure of the governor. The governor shall fill 27 a vacancy in the office in the same manner as the original 28 appointment was made. The coordinator shall be selected 29 primarily for administrative ability. The coordinator shall 30 not be selected on the basis of political affiliation and shall 31 not engage in political activity while holding the office. The 32 salary of the coordinator shall be fixed by the governor. 33 2. The coordinator shall: 34 a. Direct the governor’s office of drug control policy, 35 -30- LSB 2073YC (5) 90 ec/jh 30/ 1568
H.F. _____ and coordinate and monitor all statewide drug enforcement 1 efforts, coordinate and monitor all state and federal substance 2 use disorder treatment grants and programs, coordinate and 3 monitor all statewide substance abuse use disorder prevention 4 and education programs in communities and schools, and engage 5 in such other related activities as required by law. The 6 coordinator shall work in coordinating the efforts of the 7 department of corrections, the department of education, the 8 Iowa department of public health, the department of public 9 safety, and the department of health and human services. The 10 coordinator shall assist in the development and implementation 11 of local and community strategies to fight substance abuse 12 use disorder , including local law enforcement, education, and 13 treatment activities. 14 b. Submit an annual report to the governor and general 15 assembly by November 1 of each year concerning the activities 16 and programs of the coordinator and other departments related 17 to drug enforcement, substance use disorder treatment programs, 18 and substance abuse use disorder prevention and education 19 programs. The report shall include an assessment of needs with 20 respect to programs related to substance use disorder treatment 21 and drug enforcement. 22 c. Submit an advisory budget recommendation to the governor 23 and general assembly concerning enforcement programs, treatment 24 programs, and education programs related to drugs within the 25 various departments. The coordinator shall work with these 26 departments in developing the departmental budget requests to 27 be submitted to the legislative services agency and the general 28 assembly. 29 3. The governor’s office of drug control policy shall be 30 an independent office, located at the same location as the 31 department of public safety. Administrative support services 32 may be provided to the governor’s office of drug control policy 33 by the department of public safety. 34 Sec. 52. Section 80E.2, Code 2023, is amended to read as 35 -31- LSB 2073YC (5) 90 ec/jh 31/ 1568
H.F. _____ follows: 1 80E.2 Drug policy advisory council —— membership —— duties. 2 1. An Iowa drug policy advisory council is established which 3 shall consist of the following seventeen members: 4 a. The drug policy coordinator, who shall serve as 5 chairperson of the council. 6 b. The director of the department of corrections, or the 7 director’s designee. 8 c. The director of the department of education, or the 9 director’s designee. 10 d. The director of the department of public health and human 11 services , or the director’s designee. 12 e. The commissioner of public safety, or the commissioner’s 13 designee. 14 f. The director of the department of human services, or the 15 director’s designee. 16 g. The director of the division of criminal and juvenile 17 justice planning in the department of human rights, or the 18 division director’s designee. 19 h. f. The state public defender, or the state public 20 defender’s designee. 21 i. g. A prosecuting attorney. 22 j. h. A certified alcohol and drug counselor. 23 k. i. A certified substance abuse use disorder prevention 24 specialist. 25 l. j. A substance use disorder treatment program director. 26 m. k. A justice of the Iowa supreme court, or judge, as 27 designated by the chief justice of the supreme court. 28 n. l. A member representing the Iowa peace officers 29 association. 30 o. m. A member representing the Iowa state police 31 association. 32 p. n. A member representing the Iowa state sheriffs’ and 33 deputies’ association. 34 q. o. A police chief. 35 -32- LSB 2073YC (5) 90 ec/jh 32/ 1568
H.F. _____ 2. The prosecuting attorney, certified alcohol and drug 1 counselor, certified substance abuse use disorder prevention 2 specialist, substance use disorder treatment program director, 3 member representing the Iowa peace officers association, 4 member representing the Iowa state police association, the 5 member representing the Iowa state sheriffs’ and deputies’ 6 association, and the member who is a police chief shall be 7 appointed by the governor, subject to senate confirmation, for 8 four-year terms beginning and ending as provided in section 9 69.19 . A vacancy on the council shall be filled for the 10 unexpired term in the same manner as the original appointment 11 was made. 12 3. The council shall make policy recommendations to 13 the appropriate departments concerning the administration, 14 development, and coordination of programs related to substance 15 abuse use disorder education, prevention, treatment, and 16 enforcement. 17 4. The members of the council shall be reimbursed for actual 18 and necessary travel and related expenses incurred in the 19 discharge of official duties. Each member of the council may 20 also be eligible to receive compensation as provided in section 21 7E.6 . 22 5. The council shall meet at least semiannually throughout 23 the year. 24 6. A majority of the members of the council constitutes a 25 quorum, and a majority of the total membership of the council 26 is necessary to act in any matter within the jurisdiction of 27 the council. 28 Sec. 53. Section 80E.4, Code 2023, is amended to read as 29 follows: 30 80E.4 Drug abuse resistance Substance use disorder education 31 fund. 32 A drug abuse resistance substance use disorder education 33 fund is created as a separate fund in the state treasury under 34 the control of the governor’s office of drug control policy 35 -33- LSB 2073YC (5) 90 ec/jh 33/ 1568
H.F. _____ for use by the drug abuse resistance substance use disorder 1 education program and other programs with a similar purpose. 2 The fund shall consist of appropriations made to the fund and 3 transfers of interest, moneys collected from the crime services 4 surcharge established in section 911.1 , and earnings. All 5 moneys in the fund are appropriated to the governor’s office of 6 drug control policy. Notwithstanding section 8.33 , any balance 7 in the fund on June 30 of any fiscal year shall not revert to 8 any other fund of the state but shall remain available for the 9 purposes described in this section . 10 Sec. 54. Section 84A.1A, subsection 1, paragraph b, Code 11 2023, is amended to read as follows: 12 b. The nonvoting members of the Iowa workforce development 13 board shall include the following: 14 (1) One state senator appointed by the minority leader of 15 the senate, who shall serve for a term as provided in section 16 69.16B . 17 (2) One state representative appointed by the minority 18 leader of the house of representatives, who shall serve for a 19 term as provided in section 69.16B . 20 (3) One president, or the president’s designee, of the 21 university of northern Iowa, the university of Iowa, or Iowa 22 state university of science and technology, designated by the 23 state board of regents on a rotating basis. 24 (4) One president, or the president’s designee, of an 25 independent Iowa college, appointed by the Iowa association of 26 independent colleges and universities. 27 (5) One president or president’s designee, of a community 28 college, appointed by the Iowa association of community college 29 presidents. 30 (6) One representative of the economic development 31 authority, appointed by the director. 32 (7) One representative of the department on aging, 33 appointed by the director. 34 (8) (7) One representative of the department of 35 -34- LSB 2073YC (5) 90 ec/jh 34/ 1568
H.F. _____ corrections, appointed by the director. 1 (9) (8) One representative of the department of health and 2 human services, appointed by the director. 3 (10) (9) One representative of the United States department 4 of labor, office of apprenticeship. 5 (11) (10) One representative from the largest statewide 6 public employees’ organization representing state employees. 7 (12) (11) One representative of a statewide labor 8 organization representing employees in the construction 9 industry. 10 (13) (12) One representative of a statewide labor 11 organization representing employees in the manufacturing 12 industry. 13 Sec. 55. Section 84A.6, subsections 2 and 3, Code 2023, are 14 amended to read as follows: 15 2. a. The director of the department of workforce 16 development, in cooperation with the department of health 17 and human services, shall provide job placement and training 18 to persons referred by the department of health and human 19 services under the promoting independence and self-sufficiency 20 through employment job opportunities and basic skills program 21 established pursuant to chapter 239B and the food stamp 22 supplemental nutrition assistance program employment and 23 training program. 24 b. The department of workforce development, in consultation 25 with the department of health and human services, shall develop 26 and implement departmental recruitment and employment practices 27 that address the needs of former and current participants in 28 the family investment program under chapter 239B . 29 3. The director of the department of workforce development, 30 in cooperation with the department of health and human 31 rights services and the vocational rehabilitation services 32 division of the department of education, shall establish a 33 program to provide job placement and training to persons with 34 disabilities. 35 -35- LSB 2073YC (5) 90 ec/jh 35/ 1568
H.F. _____ Sec. 56. Section 84A.9, Code 2023, is amended to read as 1 follows: 2 84A.9 Statewide mentoring program. 3 A statewide mentoring program is established to recruit, 4 screen, train, and match individuals in a mentoring 5 relationship. The department of workforce development shall 6 administer the program in collaboration with the departments 7 of health and human services , and education , and human rights . 8 The availability of the program is subject to the funding 9 appropriated for the purposes of the program. 10 Sec. 57. Section 84A.11, subsection 2, Code 2023, is amended 11 to read as follows: 12 2. The department of workforce development shall consult 13 with the board of nursing, the department of public health 14 and human services , the department of education, and other 15 appropriate entities in developing recommendations to determine 16 options for additional data collection. 17 Sec. 58. Section 84B.1, Code 2023, is amended to read as 18 follows: 19 84B.1 Workforce development system. 20 The departments of workforce development, education, 21 health and human services, and corrections, the economic 22 development authority, the department on aging, the division of 23 Iowa vocational rehabilitation services of the department of 24 education, and the department for the blind shall collaborate 25 where possible under applicable state and federal law to align 26 workforce development programs, services, and activities in an 27 integrated workforce development system in the state and in 28 each local workforce development area that is data driven and 29 responsive to the needs of workers, job seekers, and employers. 30 The departments, authority, and division shall also jointly 31 establish an integrated management information system for 32 linking workforce development programs within local workforce 33 development systems and in the state. 34 Sec. 59. Section 84B.2, unnumbered paragraph 1, Code 2023, 35 -36- LSB 2073YC (5) 90 ec/jh 36/ 1568
H.F. _____ is amended to read as follows: 1 The department of workforce development, in consultation 2 with the departments of education, health and human services, 3 and corrections, the economic development authority, 4 the department on aging, the division of Iowa vocational 5 rehabilitation services of the department of education, and 6 the department for the blind shall establish guidelines for 7 colocating state and federal employment and training programs 8 in centers providing services at the local level. The 9 centers shall be known as workforce development centers. The 10 guidelines shall provide for local design and operation within 11 the guidelines. The core services available at a center shall 12 include but are not limited to all of the following: 13 Sec. 60. Section 85.38, subsection 4, Code 2023, is amended 14 to read as follows: 15 4. Lien for hospital and medical services under chapter 16 249A . In the event any hospital or medical services as provided 17 in section 85.27 are paid by the state department of health and 18 human services on behalf of an employee who is entitled to such 19 benefits under the provisions of this chapter or chapter 85A or 20 85B , a lien shall exist as respects the right of such employee 21 to benefits as described in section 85.27 . 22 Sec. 61. Section 85.60, Code 2023, is amended to read as 23 follows: 24 85.60 Injuries while in work-based learning opportunity, 25 employment training, or evaluation. 26 A person participating in a work-based learning opportunity 27 referred to in section 85.61 , or receiving earnings while 28 engaged in employment training or while undergoing an 29 employment evaluation under the direction of a rehabilitation 30 facility approved for purchase-of-service contracts or for 31 referrals by the department of health and human services or the 32 department of education, who sustains an injury arising out 33 of and in the course of the work-based learning opportunity 34 participation, employment training, or employment evaluation 35 -37- LSB 2073YC (5) 90 ec/jh 37/ 1568
H.F. _____ is entitled to benefits as provided in this chapter , chapter 1 85A , chapter 85B , and chapter 86 . Notwithstanding the minimum 2 benefit provisions of this chapter , a person referred to in 3 this section and entitled to benefits under this chapter is 4 entitled to receive a minimum weekly benefit amount for a 5 permanent partial disability under section 85.34, subsection 6 2 , or for a permanent total disability under section 85.34, 7 subsection 3 , equal to the weekly benefit amount of a person 8 whose gross weekly earnings are thirty-five percent of the 9 statewide average weekly wage computed pursuant to section 96.3 10 and in effect at the time of the injury. 11 Sec. 62. Section 85.61, subsection 3, paragraph b, Code 12 2023, is amended to read as follows: 13 b. A rehabilitation facility approved for 14 purchase-of-service contracts or for referrals by the 15 department of health and human services or the department of 16 education. 17 Sec. 63. Section 85A.11, subsection 2, Code 2023, is amended 18 to read as follows: 19 2. The specimens for the tests required by this section 20 must be taken by a licensed practicing physician or osteopathic 21 physician, and immediately delivered to the state hygienic 22 laboratory of the Iowa department of public health at Iowa 23 City . Each specimen shall be in a container upon which is 24 plainly printed the name and address of the subject, the date 25 when the specimen was taken, the name and address of the 26 subject’s employer, and a certificate by the physician or 27 osteopathic physician that the physician took the specimen 28 from the named subject on the date stated over the physician’s 29 signature and address. 30 Sec. 64. Section 85A.20, Code 2023, is amended to read as 31 follows: 32 85A.20 Investigation. 33 The workers’ compensation commissioner may designate 34 the industrial hygiene physician medical director of the 35 -38- LSB 2073YC (5) 90 ec/jh 38/ 1568
H.F. _____ Iowa department of public health and human services and two 1 physicians selected by the dean of the university of Iowa 2 college of medicine, from the staff of the college, who shall 3 be qualified to diagnose and report on occupational diseases. 4 For the purpose of investigating occupational diseases, the 5 physicians shall have the use, without charge, of all necessary 6 laboratory and other facilities of the university of Iowa 7 college of medicine and of the university hospital at the state 8 university of Iowa, and of the Iowa department of public health 9 and human services in performing the physicians’ duties. 10 Sec. 65. Section 89.4, subsection 1, paragraph h, Code 2023, 11 is amended to read as follows: 12 h. Hot water heating boilers used for heating pools or spas 13 regulated by the department of public health and human services 14 pursuant to chapter 135I . 15 Sec. 66. Section 89B.17, subsection 1, unnumbered paragraph 16 1, Code 2023, is amended to read as follows: 17 The director of public health and human services , the labor 18 commissioner, and the director of the department of natural 19 resources or the director’s designee under written signatures 20 of all these parties may recommend any of the following 21 actions: 22 Sec. 67. Section 91C.1, Code 2023, is amended to read as 23 follows: 24 91C.1 Definition —— exemption —— combined registration and 25 licensing process for plumbers and mechanical professionals. 26 1. As used in this chapter , unless the context otherwise 27 requires, “contractor” means a person who engages in the 28 business of construction, as the term “construction” is defined 29 in the Iowa administrative code for purposes of the Iowa 30 employment security law. However, a person who earns less than 31 two thousand dollars annually or who performs work or has work 32 performed on the person’s own property is not a contractor for 33 purposes of this chapter . The state, its boards, commissions, 34 agencies, departments, and its political subdivisions including 35 -39- LSB 2073YC (5) 90 ec/jh 39/ 1568
H.F. _____ school districts and other special purpose districts, are not 1 contractors for purposes of this chapter . 2 2. If a contractor’s registration application shows that 3 the contractor is self-employed, does not pay more than two 4 thousand dollars annually to employ other persons in the 5 business, and does not work with or for other contractors in 6 the same phases of construction, the contractor is exempt from 7 the fee requirements under this chapter . 8 3. a. The labor services division of the department of 9 workforce development and the Iowa department of public health 10 and human services will work with stakeholders to develop a 11 plan to combine the contractor registration and contractor 12 licensing application process for contractors licensed under 13 chapter 105 , to be implemented in time for licensing renewals 14 due July 1, 2017 . Effective July 1, 2017, a A contractor 15 licensed under chapter 105 shall register as a contractor under 16 this chapter in conjunction with the contractor licensing 17 process. At no cost to the labor services division, the 18 department of public health and human services shall collect 19 both the registration and licensing applications as part of one 20 combined application. The labor commissioner shall design the 21 contractor registration application form to exclude from the 22 division of labor services’ contractor registration application 23 process those contractors who are also covered by chapter 24 105 . The labor commissioner is authorized to may adopt rules 25 as needed to accomplish a merger of the application systems 26 including transitional registration periods and fees. 27 b. Effective July 1, 2017, excluding Excluding registrations 28 by contractors that are exempt from the registration fee 29 pursuant to this section , the department of public health and 30 human services shall collect and transfer to the labor services 31 division a portion of each contractor license fee equal to 32 three times the contractor registration fee for each three-year 33 license or a prorated portion thereof of the registration fee 34 using a one-sixth deduction for each six-month period of the 35 -40- LSB 2073YC (5) 90 ec/jh 40/ 1568
H.F. _____ renewal cycle. 1 Sec. 68. Section 92.17, subsection 3, Code 2023, is amended 2 to read as follows: 3 3. A child from working in any occupation or business 4 operated by the child’s parents. For the purposes of this 5 subsection , “child” and “parents” include a foster child and the 6 child’s foster parents who are licensed by the department of 7 health and human services. 8 Sec. 69. Section 96.3, subsections 9 and 11, Code 2023, are 9 amended to read as follows: 10 9. Child support intercept. 11 a. An individual filing a claim for benefits under section 12 96.6, subsection 1 , shall, at the time of filing, disclose 13 whether the individual owes a child support obligation which 14 is being enforced by the child support recovery unit services 15 established in section 252B.2 . If an individual discloses that 16 such a child support obligation is owed and the individual is 17 determined to be eligible for benefits under this chapter , 18 the department shall notify the child support recovery unit 19 services of the individual’s disclosure and deduct and withhold 20 from benefits payable to the individual the amount specified 21 by the individual. 22 b. However, if the child support recovery unit services 23 and an individual owing a child support obligation reach an 24 agreement to have specified amounts deducted and withheld from 25 the individual’s benefits and the child support recovery unit 26 services submits a copy of the agreement to the department, the 27 department shall deduct and withhold the specified amounts. 28 c. (1) However, if the department is notified of income 29 withholding by the child support recovery unit services under 30 chapter 252D or section 598.22 or 598.23 or if income is 31 garnisheed by the child support recovery unit services under 32 chapter 642 and an individual’s benefits are condemned to the 33 satisfaction of the child support obligation being enforced by 34 the child support recovery unit services , the department shall 35 -41- LSB 2073YC (5) 90 ec/jh 41/ 1568
H.F. _____ deduct and withhold from the individual’s benefits that amount 1 required through legal process. 2 (2) Notwithstanding section 642.2, subsections 2, 3, 3 6, and 7 , which restrict garnishments under chapter 642 to 4 wages of public employees, the department may be garnisheed 5 under chapter 642 by the child support recovery unit services 6 established in section 252B.2 , pursuant to a judgment for child 7 support against an individual eligible for benefits under this 8 chapter . 9 (3) Notwithstanding section 96.15 , benefits under this 10 chapter are not exempt from income withholding, garnishment, 11 attachment, or execution if withheld for or garnisheed by the 12 child support recovery unit services , established in section 13 252B.2 , or if an income withholding order or notice of the 14 income withholding order under section 598.22 or 598.23 is 15 being enforced by the child support recovery unit services to 16 satisfy the child support obligation of an individual who is 17 eligible for benefits under this chapter . 18 d. An amount deducted and withheld under paragraph “a” , “b” , 19 or “c” shall be paid by the department to the child support 20 recovery unit services , and shall be treated as if it were paid 21 to the individual as benefits under this chapter and as if it 22 were paid by the individual to the child support recovery unit 23 services in satisfaction of the individual’s child support 24 obligations. 25 e. If an agreement for reimbursement has been made, the 26 department shall be reimbursed by the child support recovery 27 unit services for the administrative costs incurred by the 28 department under this section which are attributable to the 29 enforcement of child support obligations by the child support 30 recovery unit services . 31 11. Overissuance of food stamp supplemental nutrition 32 assistance program benefits. The department shall collect any 33 overissuance of food stamp supplemental nutrition assistance 34 program benefits by offsetting the amount of the overissuance 35 -42- LSB 2073YC (5) 90 ec/jh 42/ 1568
H.F. _____ from the benefits payable under this chapter to the individual. 1 This subsection shall only apply if the department is 2 reimbursed under an agreement with the department of health and 3 human services for administrative costs incurred in recouping 4 the overissuance. The provisions of section 96.15 do not apply 5 to this subsection . 6 Sec. 70. Section 97B.49B, subsection 1, paragraph e, 7 subparagraph (16), Code 2023, is amended to read as follows: 8 (16) A person employed by the department of health and 9 human services as a psychiatric security specialist at a civil 10 commitment unit for sexually violent offenders facility. 11 Sec. 71. Section 99D.7, subsections 22 and 23, Code 2023, 12 are amended to read as follows: 13 22. To cooperate with the gambling treatment program 14 administered by the Iowa department of public health and human 15 services to incorporate information regarding the gambling 16 treatment program and its toll-free telephone number in printed 17 materials distributed by the commission. The commission may 18 require licensees to have the information available in a 19 conspicuous place as a condition of licensure. 20 23. To establish a process to allow a person to be 21 voluntarily excluded from advance deposit wagering as defined 22 in section 99D.11 , from an internet fantasy sports contest as 23 defined in section 99E.1 , from advance deposit sports wagering 24 as defined in section 99F.9 , and from the wagering area of 25 a racetrack enclosure, from the gaming floor, and from the 26 sports wagering area, as defined in section 99F.1 , of all 27 other licensed facilities under this chapter and chapter 99F 28 as provided in this subsection . The process shall provide 29 that an initial request by a person to be voluntarily excluded 30 shall be for a period of five years or life and any subsequent 31 request following any five-year period shall be for a period of 32 five years or life. The process established shall require that 33 licensees be provided electronic access to names and social 34 security numbers of persons voluntarily excluded through a 35 -43- LSB 2073YC (5) 90 ec/jh 43/ 1568
H.F. _____ secured interactive internet site maintained by the commission 1 and information regarding persons voluntarily excluded shall 2 be disseminated to all licensees under this chapter , chapter 3 99E , and chapter 99F . The names, social security numbers, and 4 information regarding persons voluntarily excluded shall be 5 kept confidential unless otherwise ordered by a court or by 6 another person duly authorized to release such information. 7 The process established shall also require a person requesting 8 to be voluntarily excluded be provided information compiled 9 by the Iowa department of public health and human services 10 on gambling treatment options. The state and any licensee 11 under this chapter , chapter 99E , or chapter 99F shall not be 12 liable to any person for any claim which may arise from this 13 process. In addition to any other penalty provided by law, any 14 money or thing of value that has been obtained by, or is owed 15 to, a voluntarily excluded person as a result of wagers made 16 by the person after the person has been voluntarily excluded 17 shall be forfeited by the person and shall be credited to the 18 general fund of the state. The commission shall not initiate 19 any administrative action or impose penalties on a licensee who 20 voluntarily reports to the commission activity described in 21 section 99D.24, subsection 4 , paragraph “c” . 22 Sec. 72. Section 99D.9, subsection 6, paragraph b, Code 23 2023, is amended to read as follows: 24 b. A licensee shall not permit a financial institution, 25 vendor, or other person to dispense cash or credit through an 26 electronic or mechanical device including but not limited to a 27 satellite terminal as defined in section 527.2 , that is located 28 in the wagering area. However, this paragraph shall not apply 29 to cashless wagering systems where a person accesses a cash 30 account through a mobile application used by the licensee 31 to conduct cashless wagering. The mobile application shall 32 include the statewide telephone number authorized by the Iowa 33 department of public health and human services to provide 34 problem gambling information and extensive responsible gaming 35 -44- LSB 2073YC (5) 90 ec/jh 44/ 1568
H.F. _____ features in addition to those described in section 99D.7, 1 subsection 23 . 2 Sec. 73. Section 99E.5, subsection 2, paragraph d, Code 3 2023, is amended to read as follows: 4 d. Include on the internet site or mobile application used 5 by the licensee to conduct internet fantasy sports contests the 6 statewide telephone number authorized by the Iowa department of 7 public health and human services to provide problem gambling 8 information and extensive responsible gaming features in 9 addition to those described in section 99F.4, subsection 22 . 10 Sec. 74. Section 99F.4, subsection 22, Code 2023, is amended 11 to read as follows: 12 22. To establish a process to allow a person to be 13 voluntarily excluded from advance deposit wagering as defined 14 in section 99D.11 , from an internet fantasy sports contest 15 as defined in section 99E.1 , from advance deposit sports 16 wagering as defined in section 99F.9 , from the gaming floor 17 and sports wagering area of an excursion gambling boat, from 18 the wagering area, as defined in section 99D.2 , and from the 19 gaming floor and sports wagering area of all other licensed 20 facilities under this chapter and chapter 99D as provided in 21 this subsection . The process shall provide that an initial 22 request by a person to be voluntarily excluded shall be for 23 a period of five years or life and any subsequent request 24 following any five-year period shall be for a period of five 25 years or life. The process established shall require that 26 licensees be provided electronic access to names and social 27 security numbers of persons voluntarily excluded through a 28 secured interactive internet site maintained by the commission 29 and information regarding persons voluntarily excluded shall 30 be disseminated to all licensees under this chapter , chapter 31 99D , and chapter 99E . The names, social security numbers, and 32 information regarding persons voluntarily excluded shall be 33 kept confidential unless otherwise ordered by a court or by 34 another person duly authorized to release such information. 35 -45- LSB 2073YC (5) 90 ec/jh 45/ 1568
H.F. _____ The process established shall also require a person requesting 1 to be voluntarily excluded be provided information compiled 2 by the Iowa department of public health and human services 3 on gambling treatment options. The state and any licensee 4 under this chapter , chapter 99D , or chapter 99E shall not be 5 liable to any person for any claim which may arise from this 6 process. In addition to any other penalty provided by law, any 7 money or thing of value that has been obtained by, or is owed 8 to, a voluntarily excluded person as a result of wagers made 9 by the person after the person has been voluntarily excluded 10 shall be forfeited by the person and shall be credited to the 11 general fund of the state. The commission shall not initiate 12 any administrative action or impose penalties on a licensee who 13 voluntarily reports to the commission activity described in 14 section 99F.15, subsection 4 , paragraph “n” . 15 Sec. 75. Section 99F.7, subsection 10, paragraph b, Code 16 2023, is amended to read as follows: 17 b. A licensee shall not permit a financial institution, 18 vendor, or other person to dispense cash or credit through an 19 electronic or mechanical device including but not limited to 20 a satellite terminal, as defined in section 527.2 , that is 21 located on the gaming floor. However, this paragraph shall not 22 apply to cashless wagering systems where a person accesses a 23 cash account through a mobile application used by the licensee 24 to conduct cashless wagering. The mobile application shall 25 include the statewide telephone number authorized by the Iowa 26 department of public health and human services to provide 27 problem gambling information and extensive responsible gaming 28 features in addition to those described in section 99F.4, 29 subsection 22 . 30 Sec. 76. Section 99F.7A, subsection 2, paragraph a, Code 31 2023, is amended to read as follows: 32 a. Include on the internet site or mobile application used 33 by the licensee to conduct advance deposit sports wagering as 34 authorized in section 99F.9 the statewide telephone number 35 -46- LSB 2073YC (5) 90 ec/jh 46/ 1568
H.F. _____ authorized by the Iowa department of public health and human 1 services to provide problem gambling information and extensive 2 responsible gaming features in addition to those described in 3 section 99F.4, subsection 22 . 4 Sec. 77. Section 99G.42, Code 2023, is amended to read as 5 follows: 6 99G.42 Compulsive gamblers —— treatment program information. 7 The authority shall cooperate with the gambling treatment 8 program administered by the Iowa department of public health 9 and human services to incorporate information regarding the 10 gambling treatment program and its toll-free telephone number 11 in printed materials distributed by the authority. 12 Sec. 78. Section 100C.1, subsection 1, Code 2023, is amended 13 to read as follows: 14 1. “Alarm system” means a system or portion of a combination 15 system that consists of components and circuits arranged to 16 monitor and annunciate the status of a fire alarm, security 17 alarm, or nurse call or supervisory signal-initiating devices 18 and to initiate the appropriate response to those signals, 19 but does not mean any such security system or portion of a 20 combination system installed in a prison, jail, or detention 21 facility owned by the state, a political subdivision of the 22 state, the department of health and human services, or the Iowa 23 veterans home. 24 Sec. 79. Section 101C.3, subsection 1, Code 2023, is amended 25 to read as follows: 26 1. The Iowa propane education and research council is 27 established. The council shall consist of ten voting members, 28 nine of whom represent retail propane marketers and one of whom 29 shall be the administrator of the division of a representative 30 of the department of health and human services responsible 31 for community action agencies of the department of human 32 rights . Members of the council other than the administrator 33 representing retail propane marketers shall be appointed by the 34 fire marshal from a list of nominees submitted by qualified 35 -47- LSB 2073YC (5) 90 ec/jh 47/ 1568
H.F. _____ propane industry organizations by December 15 of each year. A 1 vacancy in the unfinished term of a council member shall be 2 filled for the remainder of the term in the same manner as the 3 original appointment was made. Other than the administrator, 4 council Council members representing retail propane marketers 5 shall be full-time employees or owners of a propane industry 6 business or representatives of an agricultural cooperative 7 actively engaged in the propane industry. An employee of a 8 qualified propane industry organization shall not serve as a 9 member of the council. An officer of the board of directors of 10 a qualified propane industry organization or propane industry 11 trade association shall not serve concurrently as a member of 12 the council. The fire marshal or a designee may serve as an ex 13 officio, nonvoting member of the council. 14 Sec. 80. Section 105.2, subsection 4, Code 2023, is amended 15 to read as follows: 16 4. “Department” means the Iowa department of public health 17 and human services . 18 Sec. 81. Section 105.2, Code 2023, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 4A. “Director” means the director of health 21 and human services. 22 Sec. 82. Section 105.3, subsection 1, Code 2023, is amended 23 to read as follows: 24 1. A plumbing and mechanical systems board is created within 25 the Iowa department of public health . 26 Sec. 83. 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 or the director’s 29 designee. 30 Sec. 84. Section 105.12, subsection 1, Code 2023, is amended 31 to read as follows: 32 1. A contracting, plumbing, mechanical, HVAC-refrigeration, 33 sheet metal, or hydronic license shall be in the form of a 34 certificate under the seal of the department, signed by the 35 -48- LSB 2073YC (5) 90 ec/jh 48/ 1568
H.F. _____ director of public health , and shall be issued in the name of 1 the board. The license number shall be noted on the face of the 2 license. 3 Sec. 85. 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 use disorder 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, from the issuance of permits and licenses, and of 13 moneys and receipts received by the division from any other 14 source. 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 which are not necessary for the purchase of 19 liquor for resale by the division, or for remittances to local 20 authorities or other sources as required by this chapter , or 21 for other obligations and expenses of the division which are 22 paid from such fund. 23 b. All moneys received by the division from the issuance of 24 vintner’s certificates of compliance and wine permits shall be 25 transferred by the director of the department of administrative 26 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 33 shall be paid from moneys deposited in the beer and liquor 34 control fund prior to transfer of such moneys to the general 35 -49- LSB 2073YC (5) 90 ec/jh 49/ 1568
H.F. _____ 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 of 26 sales made by the division from the beer and liquor control 27 fund on a monthly basis but not less than nine million dollars 28 annually. Of the amounts transferred, two million dollars, 29 plus an additional amount determined by the general assembly, 30 shall be appropriated to the Iowa department of public health 31 and human services for use by the staff who administer the 32 comprehensive substance abuse use disorder program under 33 chapter 125 for substance abuse use disorder treatment and 34 prevention programs. Any amounts received in excess of the 35 -50- LSB 2073YC (5) 90 ec/jh 50/ 1568
H.F. _____ amounts appropriated to the Iowa department of public health 1 and human services for use by the staff who administer the 2 comprehensive substance abuse use disorder program under 3 chapter 125 shall be considered part of the general fund 4 balance. 5 6. After any transfers provided for in subsections 3 and 5 , 6 the department of commerce shall transfer to the division from 7 the beer and liquor control fund and before any other transfer 8 to the general fund, an amount sufficient to pay the costs 9 incurred by the division for collecting and properly disposing 10 of the liquor containers. 11 7. After any transfers provided for in subsections 3, 5, 12 and 6 , and before any other transfer to the general fund, 13 the department of commerce shall transfer to the economic 14 development authority from the beer and liquor control fund 15 two million dollars annually for statewide tourism marketing 16 services and efforts pursuant to section 15.275 . 17 8. After any transfers provided for in subsections 3, 5, 18 6, and 7 , and before any other transfer to the general fund, 19 the department of commerce shall transfer from the beer and 20 liquor control fund one million dollars to the Iowa department 21 of public health and human services for distribution pursuant 22 to section 125.59 . 23 9. Civil penalties imposed and collected by the division 24 shall be credited to the general fund of the state. The 25 moneys from the civil penalties shall be used by the division, 26 subject to appropriation by the general assembly, for the 27 purposes of providing educational programs, information and 28 publications for alcoholic beverage licensees and permittees, 29 local authorities, and law enforcement agencies regarding the 30 laws and rules which govern the alcoholic beverages industry, 31 and for promoting compliance with alcoholic beverage laws and 32 rules. 33 Sec. 86. Section 123.47, subsection 4, paragraph a, 34 subparagraph (2), Code 2023, is amended to read as follows: 35 -51- LSB 2073YC (5) 90 ec/jh 51/ 1568
H.F. _____ (2) A second offense shall be a simple misdemeanor 1 punishable by a fine of five hundred dollars. In addition to 2