Senate File 2385 - Introduced SENATE FILE 2385 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3172) A BILL FOR An Act relating to boards, commissions, committees, councils, 1 and other entities of state government, and including 2 effective date and transition provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5023SV (3) 90 ss/ns
S.F. 2385 DIVISION I 1 ESTABLISHMENT AND REVIEW OF BOARDS, COMMISSIONS, COMMITTEES, 2 AND COUNCILS 3 Section 1. NEW SECTION . 4A.1 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Board” means any board, commission, committee, council, 7 panel, review team, or foundation of this state. 8 2. “Committee” means the state government efficiency review 9 committee established pursuant to this chapter. 10 3. “Nonhealth profession” means a profession regulated by 11 this state other than as provided in Title IV, subtitle 3. 12 4. “Regulated health profession” means a profession 13 regulated pursuant to Title IV, subtitle 3. 14 5. “Unregulated health profession” means a profession 15 pursuant to Title IV, subtitle 3, that is not regulated by any 16 entity of this state. 17 6. “Unregulated nonhealth profession” means a profession 18 that is not regulated by any entity of this state and is not an 19 unregulated health profession. 20 Sec. 2. NEW SECTION . 4A.2 Committee —— duties. 21 1. The committee shall carry out the functions provided in 22 this chapter. 23 2. Administrative assistance shall be provided by the 24 legislative services agency. 25 Sec. 3. NEW SECTION . 4A.3 Board reviews. 26 1. The committee shall review the usefulness, performance, 27 and efficacy of each board as provided in subsection 2. The 28 committee shall hold hearings to receive the testimony of the 29 public, the chief executive officer of the board, and any other 30 person deemed necessary by the committee. After completing a 31 review, the committee shall prepare and publish a report of its 32 findings and recommendations as provided in section 4A.4. 33 2. The committee shall establish a schedule for the 34 committee to review each board such that the committee reviews 35 -1- LSB 5023SV (3) 90 ss/ns 1/ 312
S.F. 2385 approximately one-fourth of all boards each calendar year. 1 Each board shall be reviewed once between the calendar years 2 2025 and 2029, and once every four years thereafter. The 3 committee may modify the schedule as necessary to facilitate 4 the efficient administration of the committee. 5 3. A board that is scheduled for review shall submit a 6 report to the committee thirty days prior to the date that it 7 is scheduled for review that includes all of the following 8 information: 9 a. The board’s primary purpose and its goals and objectives. 10 b. The board’s past and anticipated workload, the number of 11 staff required to complete that workload, and the board’s total 12 number of staff. 13 c. The board’s past and anticipated budgets and its sources 14 of funding. 15 d. The number of members that compose the governing board or 16 other governing entity of the board and member compensation, 17 if any. 18 4. A board subject to review shall bear the burden of 19 demonstrating to the committee a public need for its continued 20 existence. In determining whether a board has met that 21 burden, the committee shall consider all of the following, as 22 applicable: 23 a. Whether continuation of the board is necessary to protect 24 the health or safety of the public, and if so, whether the 25 board’s authority is narrowly tailored to protect against 26 present, recognizable, and significant harms to the health or 27 safety of the public. 28 b. Whether the public could be protected or served in an 29 alternate or less restrictive manner. 30 c. Whether the board serves a specific private interest. 31 d. Whether rules adopted by the board are consistent with 32 the legislative mandate of the board as expressed in the 33 statutes that created and empowered the board. 34 e. The extent to which the board’s jurisdiction and programs 35 -2- LSB 5023SV (3) 90 ss/ns 2/ 312
S.F. 2385 overlap or duplicate those of other boards, the extent to which 1 the board coordinates with those other boards, and the extent 2 to which the board’s programs could be consolidated with the 3 programs of other state departments or boards. 4 f. The number of other states that regulate the occupation, 5 whether a license is required to engage in the occupation in 6 other states, whether the initial licensing and license renewal 7 requirements for the occupation are substantially equivalent 8 in every state, and the amount of regulation exercised by the 9 board compared to the regulation, if any, in other states. 10 g. Whether the board recognizes national uniform licensure 11 requirements for the occupation. 12 h. Whether private contractors could be used, in an 13 effective and efficient manner, either to assist the board in 14 the performance of its duties or to perform the board’s duties 15 in place of the board. 16 i. Whether the operation of the board has inhibited economic 17 growth, reduced efficiency, or increased government costs. 18 j. An assessment of the authority of the board regarding 19 fees, inspections, enforcement, and penalties. 20 k. The extent to which the board has permitted qualified 21 applicants to serve the public. 22 l. The extent to which the board has allowed individuals to 23 practice elements of the occupation without a license. 24 m. The cost-effectiveness of the board in terms of the 25 number of employees, services rendered, and administrative 26 costs incurred, both past and present. 27 n. Whether the board’s operation has been impeded or 28 enhanced by existing statutes and procedures and by budgetary, 29 resource, and personnel practices. 30 o. Whether the board has recommended statutory changes to 31 the general assembly that would benefit the public rather than 32 the individuals regulated by the board, if any, and whether the 33 board’s recommendations and other policies have been adopted 34 and implemented. 35 -3- LSB 5023SV (3) 90 ss/ns 3/ 312
S.F. 2385 p. Whether the board has required any individuals subject to 1 the board’s regulations to report to the board the impact of 2 board rules and decisions on the public as they affect service 3 costs and service delivery. 4 q. Whether individuals regulated by the board, if any, have 5 been required to assess problems in their business operations 6 that affect the public. 7 r. Whether the board has encouraged public participation in 8 its rulemaking and decision making. 9 s. The efficiency with which formal public complaints filed 10 with the board have been processed to completion. 11 t. Whether the purpose for which the board was created has 12 been fulfilled, has changed, or no longer exists. 13 u. Whether federal law requires that the board exist in some 14 form. 15 v. An assessment of the administrative hearing process of 16 the board if the board has an administrative hearing process, 17 and whether the hearing process is consistent with due process 18 rights. 19 w. Whether the requirement for an occupational license 20 is consistent with the principles expressed in section 4A.4, 21 subsection 2, serves the public health or safety, and provides 22 the least restrictive form of regulation that adequately 23 protects the public health or safety. 24 x. The extent to which licensing ensures that practitioners 25 have occupational skill sets or competencies that are 26 substantially related to protecting consumers from present, 27 significant, and substantiated harms that threaten the public 28 health or safety, and the impact that those criteria have on 29 applicants for a license, particularly those with moderate or 30 low incomes, seeking to enter the occupation or profession. 31 y. The extent to which the requirement for the occupational 32 license stimulates or restricts competition, affects consumer 33 choice, and affects the cost of services. 34 z. An assessment of whether changes are needed in the 35 -4- LSB 5023SV (3) 90 ss/ns 4/ 312
S.F. 2385 enabling laws of the board in order for the board to comply 1 with the criteria listed in this subsection. 2 Sec. 4. NEW SECTION . 4A.4 Reports. 3 1. After completing a review of a board pursuant to section 4 4A.3, the committee shall prepare and submit a report of its 5 findings and recommendations by December 21 of each year. 6 A report may include findings and recommendations for more 7 than one board. Copies of the report shall be submitted 8 to the president of the senate, the speaker of the house 9 of representatives, the governor, and each affected board, 10 and shall be made publicly available on the internet site 11 of the general assembly. The committee shall present its 12 recommendations to the general assembly in the form of a bill. 13 2. Recommendations of the committee shall indicate how or 14 whether implementation of the recommendations would do each of 15 the following: 16 a. Improve efficiency in the management of state government. 17 b. Improve services rendered to citizens of the state. 18 c. Simplify and improve preparation of the state budget. 19 d. Conserve the natural resources of the state. 20 e. Promote the orderly growth of the state and its 21 government. 22 f. Promote occupational regulations to increase economic 23 opportunities, encourage competition, and encourage innovation. 24 g. Provide for the least restrictive regulations by 25 repealing current regulations and replacing them with less 26 restrictive regulations. 27 h. Improve the effectiveness of the services performed by 28 the boards of the state. 29 i. Avoid duplication of effort by state agencies or boards. 30 j. Improve the organization and coordination of the state 31 government. 32 Sec. 5. NEW SECTION . 4A.5 Boards and governmental entities 33 —— dissolution. 34 1. Except as provided in subsection 2, an Act of the general 35 -5- LSB 5023SV (3) 90 ss/ns 5/ 312
S.F. 2385 assembly establishing a board after the effective date of this 1 division of this Act shall include a dissolution date for the 2 board not more than four years after the establishment of the 3 board. 4 2. An Act of the general assembly establishing a board for 5 the exclusive purpose of providing advice or recommendations 6 after the effective date of this division of this Act shall 7 include a dissolution date of the board not more than two years 8 after the establishment of the board. 9 Sec. 6. NEW SECTION . 4A.6 State government efficiency 10 review committee established. 11 1. A state government efficiency review committee is 12 established which shall meet as necessary to efficiently 13 review all boards according to the schedule established by the 14 committee pursuant to section 4A.3. 15 2. a. The committee shall consist of one member of the 16 senate appointed by the majority leader of the senate, one 17 member of the senate appointed by the minority leader of the 18 senate, one member of the house of representatives appointed 19 by the speaker of the house of representatives, one member of 20 the house of representatives appointed by the minority leader 21 of the house of representatives, an employee of the office of 22 the governor appointed by the governor, the director of the 23 department of management or the director’s designee, and three 24 members appointed by the governor, at least one of whom serves 25 on a board at the time of appointment. 26 b. Members shall be appointed prior to January 31 of the 27 first regular session of each general assembly and shall serve 28 for terms ending upon the convening of the following general 29 assembly or when their successors are appointed, whichever is 30 later. A vacancy shall be filled in the same manner as the 31 original appointment and shall be for the remainder of the 32 unexpired term of the vacancy. 33 c. The committee shall elect a chairperson and vice 34 chairperson. 35 -6- LSB 5023SV (3) 90 ss/ns 6/ 312
S.F. 2385 3. The legislative members of the committee shall be 1 reimbursed for actual and necessary expenses incurred in the 2 performance of their duties and shall be paid a per diem as 3 specified in section 2.10 for each day in which they engaged 4 in the performance of their duties. However, per diem 5 compensation and expenses shall not be paid to members of the 6 general assembly when the general assembly is actually in 7 session at the seat of government. Expenses and per diem shall 8 be paid from moneys appropriated pursuant to section 2.12. 9 4. Administrative assistance shall be provided by the 10 legislative services agency. 11 Sec. 7. NEW SECTION . 4A.7 Regulation of unregulated health 12 professions. 13 1. An unregulated health profession shall not be subject 14 to regulation by any entity of this state for the purpose of 15 prohibiting competition but may be subject to such regulation 16 only for the exclusive purpose of protecting the public health 17 or safety. All proposed legislation to create a board or 18 commission to regulate an unregulated health profession shall 19 be reviewed by the general assembly to determine that all of 20 the following conditions are met: 21 a. There is credible evidence that the unregulated practice 22 of the unregulated health profession will clearly harm or 23 endanger the public health or safety and the potential for harm 24 is easily recognizable and not remote. 25 b. The public needs and can reasonably be expected 26 to benefit from an assurance of initial and continuing 27 professional ability. 28 c. The public cannot be effectively protected by other means 29 in a more cost-efficient manner. 30 2. Prior to considering proposed legislation to create 31 a board or commission to regulate an unregulated health 32 profession for passage to the floor of the senate or the 33 house of representatives, a legislative standing committee to 34 which proposed legislation to create a board or commission to 35 -7- LSB 5023SV (3) 90 ss/ns 7/ 312
S.F. 2385 regulate an unregulated health profession has been referred 1 shall consider whether the conditions in subsection 1 have been 2 met. If the committee finds that the conditions in subsection 3 1 have been met, the committee shall consider whether the 4 legislation is the least restrictive method of regulation 5 to address the specific harm or danger identified in this 6 subsection. 7 3. The legislative standing committee shall submit its 8 findings regarding whether the proposed legislation meets 9 the conditions in subsections 1 and 2 to the president of 10 the senate or the speaker of the house of representatives, 11 as applicable, who shall make the findings available to each 12 member of the general assembly on the internet site of the 13 general assembly. 14 4. This section does not allow a person to practice an 15 unregulated health profession if the profession includes 16 practices within the scope of practice of an existing regulated 17 health profession. 18 Sec. 8. NEW SECTION . 4A.8 Proposed regulation of 19 unregulated health professions —— written reports. 20 1. A member of the general assembly introducing proposed 21 legislation to create a board or commission to regulate an 22 unregulated health profession shall submit with the legislation 23 a report, prepared by the legislative services agency, 24 addressing the requirements contained in subsection 2. The 25 report shall be submitted to the president of the senate or the 26 speaker of the house of representatives, as applicable, prior 27 to full consideration of the legislation by the senate or the 28 house of representatives and made available on the internet 29 site of the general assembly. 30 2. The report must address all of the following and identify 31 the source of all information contained in the report: 32 a. Why regulation is necessary, including all of the 33 following: 34 (1) The nature of the proven harm to the public if the 35 -8- LSB 5023SV (3) 90 ss/ns 8/ 312
S.F. 2385 unregulated health profession is not regulated and the extent 1 to which there is a threat to the public health or safety. 2 (2) The extent to which a practitioner has autonomy, as 3 indicated by the extent to which the profession calls for the 4 exercise of independent judgment and the extent to which a 5 practitioner is supervised. 6 b. The efforts made to address the problem the legislation 7 is intended to solve, including all of the following: 8 (1) Voluntary efforts, if any, undertaken by members of the 9 profession. 10 (2) Recourse to, and the extent of use of, applicable law 11 and whether the law could be amended to control the problem. 12 c. The alternatives considered, including all of the 13 following: 14 (1) Regulation of business employers or practitioners 15 rather than employee practitioners. 16 (2) Regulation of the program or service rather than 17 individual practitioners. 18 (3) Registration of all practitioners. 19 (4) Certification of all practitioners. 20 (5) Other viable alternatives. 21 (6) If licensing is sought, why licensing would serve to 22 protect the public health or safety. 23 d. The benefit to the public health or safety if regulation 24 is granted, including all of the following: 25 (1) The extent to which the incidence of specific problems 26 present in the unregulated health profession can reasonably be 27 expected to be reduced by regulation. 28 (2) Whether the public can identify qualified 29 practitioners. 30 (3) The extent to which qualified practitioners are 31 competent, including all of the following: 32 (a) The composition, powers, duties, and practices of the 33 proposed regulatory entity. 34 (b) Whether current practitioners of an unregulated health 35 -9- LSB 5023SV (3) 90 ss/ns 9/ 312
S.F. 2385 profession will be allowed to continue to practice and whether 1 they will be required to meet the qualifications for the 2 regulated health profession. 3 (c) The nature of the standards proposed for registration, 4 certification, or licensure as compared with the standards in 5 other jurisdictions. 6 (d) Whether the proposed regulatory entity would be 7 authorized to enter into reciprocity agreements with other 8 jurisdictions. 9 (e) The nature and duration of any training and experience 10 required, whether applicants will be required to pass an 11 examination, and whether there will be alternative methods to 12 enter the health profession. 13 (4) Assurances to the public that practitioners have 14 maintained their competence, including all of the following: 15 (a) Whether a registration, certificate, or license will 16 include an expiration date. 17 (b) Whether the renewal of a registration, certificate, 18 or license will be based only on payment of a fee or whether 19 renewal will involve reexamination, peer review, or other 20 enforcement. 21 e. The extent to which regulation might harm the public, 22 including all of the following: 23 (1) The extent to which regulation will restrict entry into 24 the profession, including whether the proposed standards are 25 more restrictive than necessary to ensure a practitioner’s safe 26 and effective performance in the practice of the profession. 27 (2) Whether there are professions similar to the 28 unregulated health profession that should be included in, or 29 portions of the unregulated health profession that should be 30 excluded from, the proposed legislation. 31 f. The maintenance of professional standards, including all 32 of the following: 33 (1) Whether effective quality assurance standards exist 34 in the profession such as legal requirements associated with 35 -10- LSB 5023SV (3) 90 ss/ns 10/ 312
S.F. 2385 specific programs that define or enforce standards or a code 1 of ethics. 2 (2) How the proposed legislation will ensure quality, 3 including whether a code of ethics will be adopted and the 4 grounds for suspension or revocation of a registration, 5 certificate, or license. 6 g. A description of the group proposed for regulation, 7 including a list of associations, organizations, and other 8 professional groups representing practitioners in this state, 9 an estimate of the number of practitioners in each professional 10 group, and whether the professional groups represent different 11 levels of practice. 12 h. The expected costs of regulation, including the impact of 13 costs on the public and costs imposed on this state. 14 Sec. 9. NEW SECTION . 4A.9 Regulation of unregulated 15 nonhealth professions. 16 1. An unregulated nonhealth profession shall not be 17 regulated except for the exclusive purpose of protecting the 18 public health or safety. All proposed legislation to create 19 a board or commission to regulate an unregulated nonhealth 20 profession shall be reviewed by the legislative standing 21 committee to which the proposed legislation is referred to 22 ensure that all of the following requirements are met: 23 a. The unregulated practice of the nonhealth profession can 24 clearly harm the public health or safety. 25 b. The actual or anticipated public benefit of the 26 regulation clearly exceeds the costs imposed by the regulation 27 on consumers, businesses, and individuals. 28 c. The public needs and can reasonably be expected 29 to benefit from an assurance of initial and continuing 30 professional ability. 31 d. The public cannot be effectively protected by private 32 certification or other alternatives. 33 2. If a legislative standing committee finds that the 34 proposed legislation satisfies the conditions in subsection 35 -11- LSB 5023SV (3) 90 ss/ns 11/ 312
S.F. 2385 1, the committee shall examine data from multiple sources and 1 shall consider evidence of actual harm to the public related 2 to the unregulated nonhealth profession being considered for 3 regulation. The evidence may include industry association 4 data; federal, state, and local government data; business 5 reports; complaints to law enforcement, relevant state 6 agencies, and the better business bureau; and data from 7 agencies in other states with and without similar systems of 8 regulation. 9 3. If, after consideration of evidence pursuant to 10 subsection 2, the legislative standing committee finds that it 11 is necessary to create a board or commission to regulate an 12 unregulated nonhealth profession, the committee shall review 13 the proposed legislation to determine whether it is the least 14 restrictive regulation necessary and whether the regulation 15 protects a discrete interest group from economic competition. 16 4. The legislative standing committee shall submit its 17 findings regarding whether the proposed legislation meets the 18 requirements of subsections 1, 2, and 3, to the president of 19 the senate or the speaker of the house of representatives, 20 as applicable, who shall make the findings available to each 21 member of the general assembly on the internet site of the 22 general assembly. 23 5. This section does not allow a person to practice an 24 unregulated nonhealth profession if the profession includes 25 practices within the scope of practice of an existing regulated 26 nonhealth profession. 27 Sec. 10. NEW SECTION . 4A.10 Proposed regulation of 28 unregulated nonhealth professions —— written reports. 29 1. A member of the general assembly introducing legislation 30 to regulate an unregulated nonhealth profession shall submit 31 with the legislation a report, prepared by the legislative 32 services agency, addressing the requirements contained in 33 subsection 2. The report shall be submitted to the president 34 of the senate or the speaker of the house of representatives, 35 -12- LSB 5023SV (3) 90 ss/ns 12/ 312
S.F. 2385 as applicable, prior to full consideration of the legislation 1 by the senate or the house of representatives and made 2 available on the internet site of the general assembly. 3 2. The report must address all of the following and identify 4 the source of all information contained in the report: 5 a. Why regulation is necessary including what particular 6 problem regulation would address. 7 b. The efforts made to address the problem. 8 c. The alternatives considered. 9 d. The benefit to the public health or safety of regulating 10 the profession. 11 e. The extent to which regulation might harm the public. 12 f. The maintenance of professional standards, including all 13 of the following: 14 (1) Whether effective quality assurance standards exist 15 in the profession such as legal requirements associated with 16 specific programs that define or enforce standards or a code 17 of ethics. 18 (2) How the proposed legislation will assure quality 19 including the extent to which a code of ethics will be 20 adopted and the grounds for the suspension or revocation of a 21 registration, certificate, or license. 22 g. A description of the profession proposed for regulation, 23 including a list of associations, organizations, and other 24 professional groups representing practitioners in this state, 25 an estimate of the number of practitioners in each profession, 26 and whether the professional groups represent different levels 27 of practice. 28 h. The expected costs of regulation, including the impact of 29 costs on the public and costs imposed on this state. 30 Sec. 11. NEW SECTION . 4A.11 Dissolution of boards. 31 The committee shall establish a dissolution date for each 32 board existing on the effective date of this division of this 33 Act on a date not sooner than four years after the effective 34 date of this division of this Act. The committee shall 35 -13- LSB 5023SV (3) 90 ss/ns 13/ 312
S.F. 2385 establish, on or before December 31, 2024, a schedule for the 1 staggered dates of dissolution of all existing boards to align 2 with the duty to establish a schedule for the review of each 3 board pursuant to section 4A.3, and shall include the schedule 4 in a report submitted to the governor and the general assembly. 5 Sec. 12. Section 69.16D, subsection 1, Code 2024, is amended 6 by striking the subsection and inserting in lieu thereof the 7 following: 8 1. A bill to create a new board, commission, committee, or 9 council of the state shall not be effective unless the bill 10 is approved by vote of at least three-fifths of the members 11 of both chambers of the general assembly and is signed by the 12 governor. 13 Sec. 13. Section 69.16D, subsection 2, Code 2024, is amended 14 to read as follows: 15 2. This section shall apply applies to appointive boards, 16 commissions, committees, and councils of the state established 17 by the Code on or after July 1, 2010 the effective date of this 18 division of this Act . 19 Sec. 14. REPEAL. Sections 2.69 and 3.20, Code 2024, are 20 repealed. 21 Sec. 15. CODE EDITOR DIRECTIVE —— TRANSFERS. 22 1. The Code editor is directed to make the following 23 transfers: 24 a. Section 69.15 to section 4A.11. 25 b. Section 69.16 to section 4A.12. 26 c. Section 69.16A to section 4A.13. 27 d. Section 69.16B to section 4A.14. 28 e. Section 69.16C to section 4A.15. 29 f. Section 69.16D to section 4A.16. 30 g. Section 69.16E to section 4A.17. 31 h. Section 69.17 to section 4A.18. 32 2. The Code editor shall correct internal references in the 33 Code and in any enacted legislation as necessary due to the 34 enactment of this section. 35 -14- LSB 5023SV (3) 90 ss/ns 14/ 312
S.F. 2385 DIVISION II 1 PROFESSIONAL BOARDS 2 Sec. 16. Section 10A.503, subsection 1, Code 2024, is 3 amended to read as follows: 4 1. Each board under chapter 100C , 103 , 103A , 105 , or 147 5 that is under the administrative authority of the department 6 shall receive administrative and clerical staff support from 7 the department and may not employ its own support staff for 8 administrative and clerical duties . The executive director 9 of the board of nursing, board of medicine, dental board, 10 and board of pharmacy shall be appointed pursuant to section 11 10A.504 . 12 Sec. 17. Section 10A.504, subsection 1, unnumbered 13 paragraph 1, Code 2024, is amended to read as follows: 14 The director shall appoint and supervise a full-time an 15 executive director for each of the following boards: 16 Sec. 18. Section 103.4, Code 2024, is amended to read as 17 follows: 18 103.4 Executive secretary —— staff and duties Support staff . 19 The director shall appoint an executive secretary for the 20 board and shall hire and provide staff to assist the board 21 in administering this chapter . The executive secretary 22 shall report to the director for purposes of routine board 23 administrative functions, and shall report directly to 24 the board for purposes of execution of board policy such 25 as application of licensing criteria and processing of 26 applications. 27 Sec. 19. Section 103.34, subsection 1, Code 2024, is amended 28 to read as follows: 29 1. Upon receipt of a notice of appeal filed pursuant 30 to section 103.33 , the chairperson or executive secretary 31 administrative staff of the board may designate a hearing 32 officer from among the board members to hear the appeal or 33 may set the matter for hearing before the full board at its 34 next regular meeting. A majority of the board shall make the 35 -15- LSB 5023SV (3) 90 ss/ns 15/ 312
S.F. 2385 decision. 1 Sec. 20. Section 147.80, subsection 3, Code 2024, is amended 2 by striking the subsection. 3 Sec. 21. Section 147.87, Code 2024, is amended to read as 4 follows: 5 147.87 Enforcement. 6 1. A board shall enforce the provisions of this chapter and 7 the board’s enabling statute and for that purpose may request 8 the department of inspections, appeals, and licensing to make 9 necessary investigations. Every licensee and member of a board 10 shall furnish the board or the department of inspections, 11 appeals, and licensing such evidence as the member or licensee 12 may have relative to any alleged violation which is being 13 investigated. 14 2. The department of inspections, appeals, and licensing 15 may administratively close a complaint that does not allege a 16 violation of this chapter, the board’s enabling statute, or a 17 rule of the board. 18 Sec. 22. Section 147.88, Code 2024, is amended to read as 19 follows: 20 147.88 Inspections and investigations. 21 The department of inspections, appeals, and licensing may 22 perform inspections and investigations as required by this 23 subtitle , except inspections and investigations for the board 24 of medicine, board of pharmacy, board of nursing, and the 25 dental board . The department of inspections, appeals, and 26 licensing shall employ personnel related to the inspection and 27 investigative functions. 28 Sec. 23. Section 152.2, Code 2024, is amended to read as 29 follows: 30 152.2 Executive director. 31 The board shall retain a full-time An executive director , 32 who shall be appointed pursuant to section 10A.504 . The 33 executive director shall be a registered nurse. The governor, 34 with the approval of the executive council pursuant to section 35 -16- LSB 5023SV (3) 90 ss/ns 16/ 312
S.F. 2385 8A.413, subsection 3 , under the pay plan for exempt positions 1 in the executive branch of government, shall set the salary of 2 the executive director. 3 Sec. 24. Section 152E.2, Code 2024, is amended to read as 4 follows: 5 152E.2 Compact administrator. 6 The executive director of the board of nursing, as 7 provided for in section 152.2 , director of the department 8 of inspections, appeals, and licensing, or the director’s 9 designee, shall serve as the compact administrator identified 10 in article VII, paragraph “b” , of the nurse licensure compact 11 contained in section 152E.1 and as the compact administrator 12 identified in article VIII, paragraph “a” , of the advanced 13 practice registered nurse compact contained in section 152E.3 . 14 Sec. 25. Section 153.36, subsection 1, Code 2024, is amended 15 to read as follows: 16 1. Sections 147.44 , 147.48 , 147.49 , 147.53 , and 147.55 , and 17 sections 147.87 through 147.92 shall not apply to the practice 18 of dentistry. 19 Sec. 26. Section 272C.6, subsection 1, Code 2024, is amended 20 to read as follows: 21 1. Disciplinary hearings held pursuant to this chapter 22 shall be heard by the board sitting as the hearing panel, or 23 by an administrative law judge, or by a panel of not less 24 than three board members who are licensed in the profession, 25 or by a panel of not less than three members appointed 26 pursuant to subsection 2 . Notwithstanding chapters 17A and 27 21 a disciplinary hearing shall be open to the public at the 28 discretion of the licensee. 29 Sec. 27. REPEAL. Sections 152.3 and 153.33B, Code 2024, 30 are repealed. 31 DIVISION III 32 SALARIES —— CERTAIN BOARDS AND COUNCILS 33 Sec. 28. Section 217.2, subsection 1, Code 2024, is amended 34 by adding the following new paragraph: 35 -17- LSB 5023SV (3) 90 ss/ns 17/ 312
S.F. 2385 NEW PARAGRAPH . d. The voting members of the council shall 1 receive an annual salary of ten thousand dollars, which shall 2 be paid from moneys appropriated to the department. 3 Sec. 29. Section 256.5, Code 2024, is amended to read as 4 follows: 5 256.5 Compensation and expenses. 6 The members of the state board shall receive an annual salary 7 of ten thousand dollars and shall be reimbursed for actual and 8 necessary expenses incurred while engaged in their official 9 duties. Members of the state board may also be eligible to 10 receive compensation as provided in section 7E.6 . All expense 11 moneys paid to the members pursuant to this section shall be 12 paid from funds moneys appropriated to the department. 13 Sec. 30. NEW SECTION . 262.3 Salary. 14 The eight members of the state board of regents selected 15 from the state at large shall receive an annual salary of ten 16 thousand dollars, which shall be paid from moneys appropriated 17 to the board. 18 DIVISION IV 19 LICENSURE STUDIES 20 Sec. 31. LICENSURE RENEWAL CYCLES STUDY. The department of 21 inspections, appeals, and licensing shall review all current 22 licensure renewal cycles for professional and occupational 23 licenses issued by a department, board, commission, or other 24 governmental entity. The department shall submit a report, 25 including proposed recommendations for a uniform renewal cycle 26 for all professional and occupational licenses, to the governor 27 and the general assembly by September 30, 2024. 28 Sec. 32. LICENSURE FEE STUDY. 29 1. The department of inspections, appeals, and licensing 30 shall review fees imposed by a department, board, commission, 31 or other governmental entity for the issuance or renewal of a 32 professional or occupational license. The department shall 33 evaluate the fees based on the licensure fees imposed in 34 surrounding states and the operational costs of the licensing 35 -18- LSB 5023SV (3) 90 ss/ns 18/ 312
S.F. 2385 functions of the entity. 1 2. The department shall submit a report, including proposed 2 fees, to the governor and the general assembly by September 30, 3 2024. 4 DIVISION V 5 ADVISORY BODIES 6 Sec. 33. Section 7E.3, subsection 3, Code 2024, is amended 7 by striking the subsection and inserting in lieu thereof the 8 following: 9 3. Advisory bodies. In addition to any boards, commissions, 10 committees, or councils specifically created by law, establish 11 and utilize other ad hoc advisory committees as determined 12 necessary by the head of the department or independent 13 agency. The department or independent agency shall establish 14 appointment provisions, membership terms, operating guidelines, 15 and any other operational requirements for committees 16 established pursuant to this subsection. Members of committees 17 under this general authority shall serve without compensation 18 but may be reimbursed for actual expenses. 19 Sec. 34. Section 15.105, Code 2024, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 12. The authority may establish and utilize 22 such ad hoc advisory committees as determined necessary by 23 the authority. The authority shall establish appointment 24 provisions, membership terms, operating guidelines, and any 25 other operational requirements for committees established 26 pursuant to this subsection. Members of committees established 27 pursuant to this subsection shall serve without compensation 28 but may be reimbursed for actual expenses. 29 Sec. 35. NEW SECTION . 152.3A Advisory committees. 30 The board may establish and utilize such ad hoc advisory 31 committees as determined necessary by the board. The board 32 shall establish appointment provisions, membership terms, 33 operating guidelines, and any other operational requirements 34 for committees established pursuant to this section. Members 35 -19- LSB 5023SV (3) 90 ss/ns 19/ 312
S.F. 2385 of committees established pursuant to this section shall serve 1 without compensation but may be reimbursed for actual expenses. 2 Sec. 36. Section 153.33, subsection 1, Code 2024, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . f. To establish and utilize such ad hoc 5 advisory committees as determined necessary by the board, 6 including an advisory committee on the practice of dental 7 hygiene. The board shall establish appointment provisions, 8 membership terms, operating guidelines, and any other 9 operational requirements for committees established pursuant 10 to this paragraph. Members of committees established pursuant 11 to this paragraph shall serve without compensation but may be 12 reimbursed for actual expenses. 13 Sec. 37. Section 256.7, Code 2024, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 35. Establish and utilize such ad hoc 16 advisory committees as determined necessary by the state 17 board. The state board shall establish appointment provisions, 18 membership terms, operating guidelines, and any other 19 operational requirements for committees established pursuant to 20 this subsection. Members of committees established pursuant 21 to this subsection shall serve without compensation but may be 22 reimbursed for actual expenses. 23 Sec. 38. Section 307A.2, Code 2024, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 7. Establish and utilize such ad hoc 26 advisory committees as determined necessary by the commission. 27 The commission shall establish appointment provisions, 28 membership terms, operating guidelines, and any other 29 operational requirements for committees established pursuant to 30 this subsection. Members of committees established pursuant 31 to this subsection shall serve without compensation but may be 32 reimbursed for actual expenses. 33 Sec. 39. Section 455A.5, subsection 6, Code 2024, is amended 34 by adding the following new paragraph: 35 -20- LSB 5023SV (3) 90 ss/ns 20/ 312
S.F. 2385 NEW PARAGRAPH . g. Establish and utilize such ad hoc 1 advisory committees as determined necessary by the commission. 2 The commission shall establish appointment provisions, 3 membership terms, operating guidelines, and any other 4 operational requirements for committees established pursuant 5 to this paragraph. Members of committees established pursuant 6 to this paragraph shall serve without compensation but may be 7 reimbursed for actual expenses. 8 Sec. 40. Section 455A.6, subsection 6, Code 2024, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . e. Establish and utilize such ad hoc 11 advisory committees as determined necessary by the commission. 12 The commission shall establish appointment provisions, 13 membership terms, operating guidelines, and any other 14 operational requirements for committees established pursuant 15 to this paragraph. Members of committees established pursuant 16 to this paragraph shall serve without compensation but may be 17 reimbursed for actual expenses. 18 Sec. 41. Section 904.105, Code 2024, is amended by adding 19 the following new subsection: 20 NEW SUBSECTION . 9A. Establish and utilize such ad hoc 21 advisory committees as determined necessary by the board. The 22 board shall establish appointment provisions, membership terms, 23 operating guidelines, and any other operational requirements 24 for committees established pursuant to this subsection. 25 Members of committees established pursuant to this subsection 26 shall serve without compensation but may be reimbursed for 27 actual expenses. 28 DIVISION VI 29 ELECTRONIC MEETINGS 30 Sec. 42. Section 21.8, subsection 1, unnumbered paragraph 31 1, Code 2024, is amended to read as follows: 32 A governmental body may conduct a meeting by electronic 33 means only in circumstances where such a meeting in person is 34 impossible or impractical and only if the governmental body 35 -21- LSB 5023SV (3) 90 ss/ns 21/ 312
S.F. 2385 complies shall provide for hybrid meetings, teleconference 1 participation, virtual meetings, remote participation, and 2 other hybrid options for the members of the governmental body 3 to participate in official meetings. A governmental body 4 conducting a meeting pursuant to this subsection shall comply 5 with all of the following: 6 Sec. 43. Section 21.8, subsection 1, paragraph c, Code 2024, 7 is amended to read as follows: 8 c. Minutes are kept of the meeting. The minutes shall 9 include a statement explaining why a meeting in person was 10 impossible or impractical. 11 Sec. 44. Section 21.8, Code 2024, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 4. For the purposes of this section: 14 a. “Hybrid meeting” means a meeting involving both remote 15 participation and in-person participation by members. 16 b. “Remote participation” means real-time participation by 17 a remotely located individual in a meeting which is being held 18 in a different physical location using integrated audio, video, 19 and other digital tools. 20 c. “Teleconference participation” means participation using 21 audio conference tools involving multiple participants in at 22 least two separate locations. 23 d. “Virtual meeting” means a meeting involving real-time 24 interaction using integrated audio, video, and other digital 25 tools, in which participants do not share a physical location. 26 DIVISION VII 27 MEETINGS —— GENERAL 28 Sec. 45. Section 5.3, Code 2024, is amended to read as 29 follows: 30 5.3 Organization. 31 The commissioners shall meet at the state capitol at least 32 once in two years as necessary and shall organize by the 33 election of one of their number as chairperson and another 34 as secretary, who shall hold their respective offices for a 35 -22- LSB 5023SV (3) 90 ss/ns 22/ 312
S.F. 2385 term of two years and until their successors are elected and 1 qualified. 2 Sec. 46. Section 8.22A, subsection 2, Code 2024, is amended 3 to read as follows: 4 2. The conference shall meet as often as deemed necessary , 5 but shall meet at least three times per year with at least 6 one meeting taking place each year in March . The conference 7 may use sources of information deemed appropriate. At each 8 meeting, the conference shall agree to estimates for the 9 current fiscal year and the following fiscal year for the 10 general fund of the state, lottery revenues to be available 11 for disbursement, and from gambling revenues and from interest 12 earned on the cash reserve fund and the economic emergency fund 13 to be deposited in the rebuild Iowa infrastructure fund. At 14 the first meeting taking place each calendar year in March , in 15 addition to agreeing to estimates for the current fiscal year 16 and the following fiscal year, the conference shall agree to 17 estimates for the fiscal year beginning July 1 of the following 18 calendar year. Only an estimate for the following fiscal year 19 agreed to by the conference pursuant to subsection 3, 4, or 5 , 20 shall be used for purposes of calculating the state general 21 fund expenditure limitation under section 8.54 , and any other 22 estimate agreed to shall be considered a preliminary estimate 23 that shall not be used for purposes of calculating the state 24 general fund expenditure limitation. 25 Sec. 47. Section 8.54, subsection 1, paragraph b, Code 2024, 26 is amended to read as follows: 27 b. “New revenues” means moneys which are received by the 28 state due to increased tax rates and fees or newly created 29 taxes and fees over and above those moneys which are received 30 due to state taxes and fees which are in effect as of January 1 31 following the December state estimate of the revenue estimating 32 conference due by December 15 pursuant to section 8.22A . “New 33 revenues” also includes moneys received by the general fund 34 of the state due to new transfers over and above those moneys 35 -23- LSB 5023SV (3) 90 ss/ns 23/ 312
S.F. 2385 received by the general fund of the state due to transfers 1 which are in effect as of January 1 following the December 2 state estimate of the revenue estimating conference due by 3 December 15 pursuant to section 8.22A . The department of 4 management shall obtain concurrence from the revenue estimating 5 conference on the eligibility of transfers to the general fund 6 of the state which are to be considered as new revenue in 7 determining the state general fund expenditure limitation. 8 Sec. 48. Section 8A.606, Code 2024, is amended to read as 9 follows: 10 8A.606 Meetings. 11 The commission shall have its offices at the seat of 12 government but may hold meetings in other locations. The 13 commission shall meet quarterly and at the call of the 14 chairperson. 15 Sec. 49. Section 8A.616, subsection 4, Code 2024, is amended 16 to read as follows: 17 4. Meetings. The board shall meet at least three times 18 annually and at the call of the chair. At least one meeting 19 annually shall be held outside the state capital or in 20 conjunction with a meeting of a relevant statewide professional 21 organization. 22 Sec. 50. Section 10A.601, subsection 3, Code 2024, is 23 amended to read as follows: 24 3. The members of the appeal board shall select a 25 chairperson and vice chairperson from their membership. The 26 appeal board shall meet at least once per month but may meet 27 as often as necessary. Meetings shall be set by a majority of 28 the appeal board or upon the call of the chairperson, or in the 29 chairperson’s absence, upon the call of the vice chairperson. 30 The employment appeal board, subject to the approval of the 31 director, may appoint personnel necessary for carrying out its 32 functions and duties. 33 Sec. 51. Section 13A.5, Code 2024, is amended to read as 34 follows: 35 -24- LSB 5023SV (3) 90 ss/ns 24/ 312
S.F. 2385 13A.5 Meetings. 1 The council shall meet at least four times each year and 2 shall hold meetings when called by the chairperson, or in the 3 absence of the chairperson, by the vice chairperson or when 4 called by the chairperson upon the written request of three 5 members of the council. The council shall establish its own 6 procedures and requirements with respect to quorum, place , and 7 conduct of its meetings and other matters. 8 Sec. 52. Section 23.3, subsection 7, Code 2024, is amended 9 to read as follows: 10 7. The board shall meet at least quarterly and at the call 11 of the chairperson. 12 Sec. 53. Section 24.26, subsection 2, Code 2024, is amended 13 to read as follows: 14 2. The annual meeting of the state board shall be held on 15 the second Tuesday of January in each year meet as necessary . 16 At each annual meeting the The state board shall organize by 17 the election from its members of a chairperson and a vice 18 chairperson; and by appointing a secretary. Two members of 19 the state board constitute a quorum for the transaction of any 20 business. 21 Sec. 54. Section 47.8, subsection 1, unnumbered paragraph 22 1, Code 2024, is amended to read as follows: 23 A state voter registration commission is established which 24 shall meet at least quarterly as necessary to make and review 25 policy, adopt rules, and establish procedures to be followed by 26 the registrar in discharging the duties of that office, and to 27 promote interagency cooperation and planning. 28 Sec. 55. Section 80B.9, Code 2024, is amended to read as 29 follows: 30 80B.9 Meetings. 31 The council shall meet at least four times each year and 32 shall hold special meetings when called by the chairperson or, 33 in the absence of the chairperson, by the vice chairperson, 34 or by the chairperson upon written request of five members 35 -25- LSB 5023SV (3) 90 ss/ns 25/ 312
S.F. 2385 of the council. The council shall establish procedures and 1 requirements with respect to quorum, place, and conduct of 2 meetings. 3 Sec. 56. Section 99D.6, subsection 1, Code 2024, is amended 4 to read as follows: 5 1. The commission shall have its headquarters in the city of 6 Des Moines and shall meet in July of each year and at other such 7 times and places as it finds necessary for the discharge of its 8 duties. The commission shall elect in July of each year one of 9 its members as chairperson for the succeeding year. 10 Sec. 57. Section 99G.8, subsection 11, Code 2024, is amended 11 to read as follows: 12 11. The board shall meet at least quarterly and at such 13 other times upon call of the chairperson or the chief executive 14 officer. Notice of the time and place of each board meeting 15 shall be given to each member. The board shall also meet upon 16 call of three or more of the board members. The board shall 17 keep accurate and complete records of all its meetings. 18 Sec. 58. Section 103.2, subsection 3, paragraph b, Code 19 2024, is amended to read as follows: 20 b. The board shall hold at least one meeting quarterly at 21 the location of the board’s principal office, and meetings 22 Meetings shall be called at other times as needed by the 23 chairperson or four members of the board. At any meeting of 24 the board, a majority of members constitutes a quorum. 25 Sec. 59. Section 103.34, subsection 1, Code 2024, is amended 26 to read as follows: 27 1. Upon receipt of a notice of appeal filed pursuant to 28 section 103.33 , the chairperson or executive secretary of the 29 board may designate a hearing officer from among the board 30 members to hear the appeal or may set the matter for hearing 31 before the full board at its next regular scheduled meeting. A 32 majority of the board shall make the decision. 33 Sec. 60. Section 123.6, Code 2024, is amended to read as 34 follows: 35 -26- LSB 5023SV (3) 90 ss/ns 26/ 312
S.F. 2385 123.6 Commission meetings. 1 The commission shall meet on or before July 1 of each year 2 for the purpose of selecting one of its members as chairperson 3 for the succeeding year. The commission shall otherwise meet 4 quarterly or at the call of the chairperson or director or when 5 three members file a written request for a meeting. Written 6 notice of the time and place of each meeting shall be given to 7 each member of the commission. A majority of the commission 8 members shall constitute a quorum. 9 Sec. 61. Section 124E.5, subsection 2, Code 2024, is amended 10 to read as follows: 11 2. The medical cannabidiol board shall convene at least 12 twice per year as necessary . 13 Sec. 62. Section 169.5, subsections 3 and 4, Code 2024, are 14 amended to read as follows: 15 3. The board shall meet at least once each year as 16 determined by the board. Other necessary Necessary meetings 17 may be called by the president of the board by giving 18 proper notice. Except as provided, a majority of the board 19 constitutes a quorum. Meetings shall be open and public except 20 that the board may meet in closed session to prepare, approve, 21 administer, or grade examinations, or to deliberate the 22 qualifications of an applicant for license or the disposition 23 of a proceeding to discipline a licensed veterinarian. 24 4. At its annual meeting, the The board shall organize 25 by electing a president and such other officers as may be 26 necessary. Officers of the board serve for terms of one year 27 and until a successor is elected, without limitation on the 28 number of terms an officer may serve. The president shall 29 serve as chairperson of board meetings. The person designated 30 as the state veterinarian shall serve as secretary of the 31 board. 32 Sec. 63. Section 182.13, Code 2024, is amended to read as 33 follows: 34 182.13 Compensation —— meetings. 35 -27- LSB 5023SV (3) 90 ss/ns 27/ 312
S.F. 2385 Members of the board may receive payment for their 1 actual expenses and travel in performing official board 2 functions. Payment shall be made from amounts collected from 3 the assessment. No member of the board shall be a salaried 4 employee of the board or any organization or agency receiving 5 funds from the board. The board shall meet at least once every 6 three months, and at other such times as it deems necessary. 7 Sec. 64. Section 184.7, subsection 4, Code 2024, is amended 8 to read as follows: 9 4. The council shall meet at least once every three 10 months and at other such times as the council determines are 11 necessary. 12 Sec. 65. Section 185.14, Code 2024, is amended to read as 13 follows: 14 185.14 Compensation —— meetings. 15 Each director of the board shall receive a per diem of one 16 hundred dollars and actual expenses in performing official 17 board functions, notwithstanding section 7E.6 . A director of 18 the board shall not be a salaried employee of the board or 19 any organization or agency which is receiving moneys from the 20 board. The board shall meet at least four times each year as 21 necessary . 22 Sec. 66. Section 185C.14, subsection 3, Code 2024, is 23 amended to read as follows: 24 3. The board shall meet at least three times each year, and 25 at such other times as deemed necessary by the board. 26 Sec. 67. Section 186.1, Code 2024, is amended to read as 27 follows: 28 186.1 Meetings and organization of society. 29 The Iowa state horticulture society shall hold meetings each 30 year, at times as it may fix, as necessary for the transaction 31 of business. The officers and board of directors of the 32 society shall be chosen as provided for in the constitution 33 of the society, for the period and in the manner prescribed 34 therein, but the secretary of agriculture or the secretary’s 35 -28- LSB 5023SV (3) 90 ss/ns 28/ 312
S.F. 2385 designee shall be a member of the board of directors and of 1 the executive committee. Any vacancy in the offices filled by 2 the society may be filled by the executive committee for the 3 unexpired portion of the term. 4 Sec. 68. Section 217.4, Code 2024, is amended to read as 5 follows: 6 217.4 Meetings of council. 7 The council shall meet at least monthly. Additional 8 meetings Meetings shall be called by the chairperson or upon 9 written request of any three council members as necessary to 10 carry out the duties of the council. The chairperson shall 11 preside at all meetings or in the absence of the chairperson 12 the vice chairperson shall preside. The members of the council 13 shall be paid a per diem as specified in section 7E.6 and their 14 reasonable and necessary expenses. 15 Sec. 69. Section 237.16, subsection 2, Code 2024, is amended 16 to read as follows: 17 2. The members of the state board shall annually select a 18 chairperson, vice chairperson, and other officers the members 19 deem necessary. The members may be entitled to receive 20 reimbursement for actual and necessary expenses incurred in 21 the performance of their duties, subject to available funding. 22 Each member of the board may also be eligible to receive 23 compensation as provided in section 7E.6 . The state board 24 shall meet at least twice a year as necessary . 25 Sec. 70. Section 256.32, subsection 3, Code 2024, is amended 26 to read as follows: 27 3. The duties of the council are to review, develop, 28 and recommend standards for secondary and postsecondary 29 agricultural education. The council shall annually issue a 30 report to the state board of education and the chairpersons 31 of the house and senate agriculture and education committees 32 regarding both short-term and long-term curricular standards 33 for agricultural education and the council’s activities. The 34 council shall meet a minimum of twice annually as necessary , 35 -29- LSB 5023SV (3) 90 ss/ns 29/ 312
S.F. 2385 and must have a quorum consisting of a majority of voting 1 members present to hold an official meeting and to take any 2 final council action. However, hearings may be held without 3 a quorum. The chairperson shall be elected annually by and 4 from the voting membership. The initial organizational meeting 5 shall be called by the director of the department of education. 6 Sec. 71. Section 256.83, subsection 1, Code 2024, is amended 7 to read as follows: 8 1. The board shall elect from among its members a president 9 and a vice president to serve a one-year term. The board 10 shall meet at least four times annually and shall hold special 11 meetings at the call of the president or in the absence of 12 the president by the vice president or by the president upon 13 written request of four members. The board shall establish 14 procedures and requirements relating to quorum, place, and 15 conduct of meetings. 16 Sec. 72. Section 256I.3, subsection 4, Code 2024, is amended 17 to read as follows: 18 4. The state board shall elect a chairperson from among the 19 citizen members and may select other officers from the voting 20 members as determined to be necessary by the board. The board 21 shall meet regularly as determined by the board, upon the call 22 of the board’s chairperson, or upon the call of a majority of 23 voting members. The board shall meet at least quarterly. 24 Sec. 73. Section 262.8, Code 2024, is amended to read as 25 follows: 26 262.8 Meetings. 27 The board shall meet four times a year. Special meetings 28 Meetings may be called by the board, by the president of the 29 board, or by the executive director of the board upon written 30 request of any five members thereof. 31 Sec. 74. Section 267.5, subsection 2, Code 2024, is amended 32 to read as follows: 33 2. Hold a meeting twice each year Meet as necessary at Iowa 34 state university of science and technology. The council shall 35 -30- LSB 5023SV (3) 90 ss/ns 30/ 312
S.F. 2385 meet with the faculty of the college of veterinary medicine. 1 The council may hold other such meetings as the council may 2 determine necessary, or as required by section 267.6 . An 3 action taken by the council shall not be valid unless agreed to 4 by a majority of the council members. 5 Sec. 75. Section 455A.5, subsection 4, Code 2024, is amended 6 to read as follows: 7 4. The commission shall hold an organizational meeting 8 within thirty days of the beginning of a new regular term for 9 one or more of its members. The commission shall organize by 10 electing a chairperson, vice chairperson, secretary, and any 11 other officers deemed necessary or desirable. The commission 12 shall also meet at least quarterly throughout the year as 13 necessary . 14 Sec. 76. Section 455A.6, subsection 4, Code 2024, is amended 15 to read as follows: 16 4. The commission shall hold an organizational meeting 17 within thirty days of the beginning of a new regular term for 18 one or more of its members. The commission shall organize by 19 electing a chairperson, vice chairperson, secretary, and any 20 other officers deemed necessary or desirable. The commission 21 shall also meet at least quarterly throughout the year as 22 necessary . 23 Sec. 77. Section 465C.5, Code 2024, is amended to read as 24 follows: 25 465C.5 Organization. 26 The board shall organize annually by the election of a 27 chairperson. The board shall meet annually and at such other 28 times as it deems necessary. Meetings may be called by the 29 chairperson, and shall be called by the chairperson on the 30 request of three members of the board. 31 Sec. 78. Section 466B.3, subsection 5, paragraph a, Code 32 2024, is amended to read as follows: 33 a. The council shall be convened by the secretary of 34 agriculture at least quarterly as necessary . 35 -31- LSB 5023SV (3) 90 ss/ns 31/ 312
S.F. 2385 Sec. 79. Section 481A.10A, subsection 3, Code 2024, is 1 amended to read as follows: 2 3. The committee shall meet with a representative of the 3 department of natural resources on a semiannual basis as 4 necessary . The committee shall serve without compensation or 5 reimbursement for expenses. 6 Sec. 80. Section 524.205, subsection 5, Code 2024, is 7 amended to read as follows: 8 5. The state banking council shall meet at least once each 9 calendar quarter on such date and at such place as the council 10 may decide, and shall meet at such other times as may be deemed 11 necessary by the superintendent or a majority of the council 12 members. 13 Sec. 81. Section 533.107, subsection 3, Code 2024, is 14 amended to read as follows: 15 3. The review board shall meet at least four times each year 16 and shall hold special meetings at the call of the chairperson. 17 Four members constitute a quorum. 18 Sec. 82. Section 542B.9, Code 2024, is amended to read as 19 follows: 20 542B.9 Organization of the board —— staff. 21 The board shall elect annually from its members a 22 chairperson and a vice chairperson. The director of the 23 department of inspections, appeals, and licensing shall 24 hire and provide staff to assist the board in implementing 25 this chapter . The board shall hold at least one meeting at 26 the location of the board’s principal office, and meetings 27 Meetings shall be called at other times by the director or the 28 director’s designee at the request of the chairperson or four 29 members of the board. At any meeting of the board, a majority 30 of members constitutes a quorum. 31 Sec. 83. Section 543B.50, Code 2024, is amended to read as 32 follows: 33 543B.50 Meetings. 34 The real estate commission shall hold at least one meeting 35 -32- LSB 5023SV (3) 90 ss/ns 32/ 312
S.F. 2385 per year meet as necessary at the location of the commission’s 1 principal office and shall elect a chairperson annually. A 2 majority of the members of the commission shall constitute a 3 quorum. 4 Sec. 84. Section 543D.4, subsection 7, Code 2024, is amended 5 to read as follows: 6 7. The board shall meet at least once each calendar quarter 7 as necessary to conduct its business. 8 Sec. 85. Section 904.106, Code 2024, is amended to read as 9 follows: 10 904.106 Meetings —— expenses. 11 The board shall meet at least quarterly throughout the year. 12 Special meetings Meetings may be called by the chairperson 13 or upon written request of any three members of the board. 14 The chairperson shall preside at all meetings or in the 15 chairperson’s absence, the vice chairperson shall preside. The 16 members of the board shall be paid their actual expenses while 17 attending the meetings. Each member of the board may also be 18 able to receive compensation as provided in section 7E.6 . 19 Sec. 86. Section 905.3, subsection 1, paragraph b, Code 20 2024, is amended to read as follows: 21 b. The district advisory board shall meet not more often 22 than quarterly during the calendar year as necessary . 23 DIVISION VIII 24 REORGANIZATION 25 Sec. 87. Section 2.43, subsections 1 and 2, Code 2024, are 26 amended to read as follows: 27 1. The legislative council in cooperation with the 28 officers of the senate and house shall have the duty and 29 responsibility for preparing for each session of the general 30 assembly. Pursuant to such duty and responsibility, the 31 legislative council shall assign the use of areas in the 32 state capitol except for the areas used by the governor as 33 of January 1, 1986, and, in consultation with the director 34 of the department of administrative services and the capitol 35 -33- LSB 5023SV (3) 90 ss/ns 33/ 312
S.F. 2385 planning commission , may assign areas in other state office 1 buildings, except for the judicial branch building, for use of 2 the general assembly or legislative agencies. The legislative 3 council shall provide the courts with use of space in the state 4 capitol for ceremonial purposes. The legislative council 5 may authorize the renovation, remodeling and preparation of 6 the physical facilities used or to be used by the general 7 assembly or legislative agencies subject to the jurisdiction 8 of the legislative council and award contracts pursuant to 9 such authority to carry out such preparation. The legislative 10 council may purchase supplies and equipment deemed necessary 11 for the proper functioning of the legislative branch of 12 government. 13 2. In carrying out its duties under this section , the 14 legislative council shall consult with the director of the 15 department of administrative services and the capitol planning 16 commission , but shall not be bound by any decision of the 17 director in respect to the responsibilities and duties provided 18 for in this section . The legislative council may direct the 19 director of the department of administrative services or other 20 state employees to carry out its directives in regard to the 21 physical facilities of the general assembly, or may employ 22 other personnel to carry out such functions. 23 Sec. 88. Section 7E.5, subsection 2, paragraph a, Code 2024, 24 is amended to read as follows: 25 a. There is a civil rights commission, a public employment 26 relations board, an interstate cooperation commission, an Iowa 27 ethics and campaign disclosure board, an Iowa utilities board, 28 and an Iowa law enforcement academy. 29 Sec. 89. Section 8A.111, subsection 4, Code 2024, is amended 30 by striking the subsection. 31 Sec. 90. Section 8A.201, subsection 3, paragraph b, Code 32 2024, is amended to read as follows: 33 b. Materials excluded from this definition by the commission 34 through the adoption and enforcement of rules rule . 35 -34- LSB 5023SV (3) 90 ss/ns 34/ 312
S.F. 2385 Sec. 91. Section 8A.203, subsections 3 and 4, Code 2024, are 1 amended to read as follows: 2 3. The commission shall adopt provide advice and 3 recommendations on the adoption of rules under chapter 17A by 4 the department for carrying out the responsibilities of the 5 department as it relates to library services duties of the 6 department. 7 4. Advise The commission shall advise the department and the 8 state librarian concerning the library services duties of the 9 department. 10 Sec. 92. Section 8A.206, subsection 2, paragraphs a and d, 11 Code 2024, are amended to read as follows: 12 a. Operate the law library which shall be maintained in the 13 state capitol or in rooms convenient to the state supreme court 14 and which shall be available for free use by the residents of 15 Iowa under rules the commission department adopts. 16 d. Perform other duties imposed by law or by the rules of 17 the commission department . 18 Sec. 93. Section 8A.207, subsection 1, Code 2024, is amended 19 to read as follows: 20 1. Manage the state data center program to make United 21 States census data available to the residents of Iowa under 22 rules the commission department adopts. 23 Sec. 94. Section 8A.209, subsection 1, Code 2024, is amended 24 to read as follows: 25 1. An enrich Iowa program is established in the department 26 to provide direct state assistance to public libraries, to 27 support the open access and access plus programs, to provide 28 public libraries with an incentive to improve library services 29 that are in compliance with performance measures, and to 30 reduce inequities among communities in the delivery of library 31 services based on performance measures adopted by rule by the 32 commission department . The commission department shall adopt 33 rules governing the allocation of funds moneys appropriated by 34 the general assembly for purposes of this section to provide 35 -35- LSB 5023SV (3) 90 ss/ns 35/ 312
S.F. 2385 direct state assistance to eligible public libraries. A public 1 library is eligible for funds moneys under this subchapter 2 if it is in compliance with the commission’s department’s 3 performance measures. 4 Sec. 95. Section 8A.373, Code 2024, is amended to read as 5 follows: 6 8A.373 Duties —— report to legislature general assembly . 7 1. It shall be the duty of the commission department to 8 advise upon the location of statues, fountains, and monuments 9 and the placing of any additional buildings on the capitol 10 grounds, the type of architecture and the type of construction 11 of any new buildings to be erected on the state capitol grounds 12 as now encompassed or as subsequently enlarged, and repairs 13 and restoration thereof, and it shall be the duty of the 14 officers, commissions, and councils charged by law with the 15 duty of determining such questions to call upon the commission 16 department for such advice. 17 2. The commission department shall , in cooperation with 18 the director of the department of administrative services, 19 develop and implement within the limits of its appropriation, a 20 five-year modernization program for the capitol complex. 21 3. The commission department shall annually report to the 22 general assembly its recommendations relating to its duties 23 under this section . The report shall be submitted to the chief 24 clerk of the house and the secretary of the senate during the 25 month of January. 26 Sec. 96. Section 8A.376, subsection 1, unnumbered paragraph 27 1, Code 2024, is amended to read as follows: 28 All capital projects on the capitol complex shall be 29 planned, approved, and funded only after considering the 30 guiding principles enunciated in any capitol complex master 31 plan adopted by the commission on or after January 1, 2000 32 department . At a minimum, the extent to which the proposed 33 capital project does all of the following shall be considered: 34 Sec. 97. Section 8A.377, subsection 2, Code 2024, is amended 35 -36- LSB 5023SV (3) 90 ss/ns 36/ 312
S.F. 2385 to read as follows: 1 2. A project described in subsection 1 may vary from 2 the architectural or historic integrity of the capitol if 3 such variance is necessary to comply with state or federal 4 laws relating to building accessibility or occupational 5 safety or health, to address life safety issues, or for other 6 compelling reasons. However, the state agency, branch of 7 government, or other entity responsible for a project involving 8 a variance from the architectural or historic integrity shall 9 submit the plans for such project to the capitol planning 10 commission department and the capital projects committee of the 11 legislative council for review. 12 Sec. 98. Section 8A.412, subsection 11, Code 2024, is 13 amended to read as follows: 14 11. Professional employees under the supervision of the 15 attorney general, the state public defender, the secretary of 16 state, the auditor of state, and the treasurer of state , and 17 the public employment relations board . 18 Sec. 99. Section 8A.415, subsection 1, paragraph b, Code 19 2024, is amended to read as follows: 20 b. If not satisfied, the employee may, within thirty 21 calendar days following the director’s response, file an appeal 22 with the public employment relations appeal board. The hearing 23 shall be conducted in accordance with the rules of the public 24 employment relations appeal board and the Iowa administrative 25 procedure Act, chapter 17A . Decisions rendered shall be based 26 upon a standard of substantial compliance with this subchapter 27 and the rules of the department. Decisions by the public 28 employment relations appeal board constitute final agency 29 action. 30 Sec. 100. Section 8A.415, subsection 2, paragraph b, Code 31 2024, is amended to read as follows: 32 b. If not satisfied, the employee may, within thirty 33 calendar days following the director’s response, file an 34 appeal with the public employment relations appeal board. The 35 -37- LSB 5023SV (3) 90 ss/ns 37/ 312
S.F. 2385 employee has the right to a hearing closed to the public, 1 unless a public hearing is requested by the employee. The 2 hearing shall otherwise be conducted in accordance with the 3 rules of the public employment relations appeal board and the 4 Iowa administrative procedure Act, chapter 17A . If the public 5 employment relations appeal board finds that the action taken 6 by the appointing authority was for political, religious, 7 racial, national origin, sex, age, or other reasons not 8 constituting just cause, the employee may be reinstated without 9 loss of pay or benefits for the elapsed period, or the public 10 employment relations appeal board may provide other appropriate 11 remedies. Decisions by the public employment relations appeal 12 board constitute final agency action. 13 Sec. 101. Section 8A.703, subsection 1, Code 2024, is 14 amended to read as follows: 15 1. A state historical society board of trustees is 16 established consisting of twelve seven members selected as 17 follows: 18 a. Three Two members shall be elected by the members of the 19 state historical society according to rules established by the 20 board of trustees. 21 b. The governor shall appoint one member from each of the 22 state’s congressional districts established under section 40.1 . 23 c. b. The governor shall appoint five members from the 24 state at large, considering but not requiring geographical 25 diversity, at least two one of whom shall be on the faculty of 26 a college or university in the state engaged in a discipline 27 related to the activities of the historical society. 28 Sec. 102. Section 8A.707, subsection 1, Code 2024, is 29 amended by adding the following new paragraphs: 30 NEW PARAGRAPH . f. Serve as the central advisory body for 31 historical records planning in the state and as a coordinating 32 body to facilitate cooperation among historical records 33 repositories and other information agencies within the state. 34 NEW PARAGRAPH . g. Serve as a state level review body 35 -38- LSB 5023SV (3) 90 ss/ns 38/ 312
S.F. 2385 for grant proposals submitted to the national historical 1 publications and records commission. 2 Sec. 103. Section 8A.707, Code 2024, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 4. The state historical society board of 5 trustees may: 6 a. Serve in an advisory capacity to the state records 7 commission, the state archives and records program, and other 8 statewide archival or records agencies. 9 b. Seek moneys from the national historical publications 10 and records commission or other grant-funding bodies for 11 sponsoring and publishing surveys of the conditions and needs 12 of historical records in the state; for developing, revising, 13 and distributing funding priorities for historical records 14 projects in Iowa; for implementing projects to be carried out 15 in the state for the preservation of historical records and 16 publications; or for reviewing, through reports and otherwise, 17 the operation and progress of records projects in the state. 18 Sec. 104. Section 8D.3, subsection 3, paragraphs b and d, 19 Code 2024, are amended to read as follows: 20 b. Adopt rules pursuant to chapter 17A as deemed appropriate 21 and necessary, and directly related to the implementation 22 and administration of the duties of the commission. 23 The commission, in consultation with the department of 24 administrative services, shall also adopt and provide for 25 standard communications procedures and policies relating to 26 the use of the network which recognize, at a minimum, the need 27 for reliable communications services. Provide advice and 28 recommendations to the director for the adoption of rules as 29 provided in section 8D.4. 30 d. Review and approve for adoption, rules as proposed 31 and submitted by an authorized user group necessary for the 32 authorized user group’s access and use of the network. The 33 commission may refuse to approve and adopt a proposed rule, 34 and upon such refusal, shall return the proposed rule to the 35 -39- LSB 5023SV (3) 90 ss/ns 39/ 312
S.F. 2385 respective authorized user group proposing the rule with a 1 statement indicating the commission’s reason for refusing to 2 approve and adopt the rule. Provide advice and recommendations 3 to the director for the review and adoption of rules proposed 4 and submitted by an authorized user group. 5 Sec. 105. Section 8D.4, Code 2024, is amended to read as 6 follows: 7 8D.4 Executive director appointed. 8 1. The commission governor shall appoint an executive 9 director of the commission, subject to confirmation by the 10 senate. Such individual shall not serve as a member of the 11 commission. The executive director shall serve at the pleasure 12 of the commission governor . The executive director shall be 13 selected primarily for administrative ability and knowledge 14 in the field, without regard to political affiliation. The 15 governor shall establish the salary of the executive director 16 within the applicable salary range as established by the 17 general assembly. The salary and support of the executive 18 director shall be paid from funds moneys deposited in the Iowa 19 communications network fund. 20 2. The director shall adopt rules pursuant to chapter 17A 21 for the implementation and administration of the duties of the 22 commission. The director, in consultation with the department 23 of administrative services, shall also adopt and provide for 24 standard communications procedures and policies relating to the 25 use of the network which recognize, at a minimum, the need for 26 reliable communications services. The director shall review 27 and approve for adoption rules as proposed and submitted by 28 an authorized user group necessary for the authorized user 29 group’s access and use of the network. The director may refuse 30 to approve and adopt a proposed rule, and upon such refusal, 31 shall return the proposed rule to the respective authorized 32 user group proposing the rule with a statement indicating the 33 director’s reason for refusing to approve and adopt the rule. 34 Sec. 106. Section 8D.9, subsection 2, paragraph b, Code 35 -40- LSB 5023SV (3) 90 ss/ns 40/ 312
S.F. 2385 2024, is amended to read as follows: 1 b. A private or public agency, other than an institution 2 under the control of the state board of regents, a private 3 college or university, or a nonpublic school, shall petition 4 the commission for a waiver of the requirement to use the 5 network as provided in paragraph “a” , if the agency determines 6 that paragraph “a” , subparagraph (1) or (2) , applies. The 7 commission director shall establish by rule a review process 8 for determining, upon application of an authorized user, 9 whether paragraph “a” , subparagraph (1) or (2) , applies. An 10 authorized user found by the commission to be under contract 11 for such services as provided in paragraph “a” , subparagraph 12 (2), shall not enter into another contract upon the expiration 13 of such contract, but shall utilize the network for such 14 services as provided in this section unless paragraph “a” , 15 subparagraph (1), applies. A waiver approved by the commission 16 may be for a period as requested by the private or public 17 agency of up to three years. 18 Sec. 107. Section 10A.104, subsection 2, Code 2024, is 19 amended to read as follows: 20 2. Appoint the administrators of the divisions within 21 the department and all other personnel deemed necessary for 22 the administration of this chapter , except the state public 23 defender, assistant state public defenders, administrator of 24 the racing and gaming commission, labor commissioner, workers’ 25 compensation commissioner, director of the Iowa state office of 26 civil rights commission , and members of the employment appeal 27 board. All persons appointed and employed in the department 28 are covered by the provisions of chapter 8A, subchapter IV , but 29 persons not appointed by the director are exempt from the merit 30 system provisions of chapter 8A, subchapter IV . 31 Sec. 108. Section 10A.506, subsection 1, paragraph a, 32 subparagraphs (6) and (7), Code 2024, are amended by striking 33 the subparagraphs. 34 Sec. 109. Section 12.72, subsection 1, Code 2024, is amended 35 -41- LSB 5023SV (3) 90 ss/ns 41/ 312
S.F. 2385 to read as follows: 1 1. A vision Iowa fund is created and established as a 2 separate and distinct fund in the state treasury. The moneys 3 in the fund are appropriated to the enhance Iowa economic 4 development authority board for purposes of the vision Iowa 5 program established in section 15F.302 . Moneys in the fund 6 shall not be subject to appropriation for any other purpose by 7 the general assembly, but shall be used only for the purposes 8 of the vision Iowa fund. The treasurer of state shall act as 9 custodian of the fund and disburse moneys contained in the 10 fund as directed by the enhance Iowa economic development 11 authority board, including automatic disbursements of funds 12 received pursuant to the terms of bond indentures and documents 13 and security provisions to trustees. The fund shall be 14 administered by the enhance Iowa economic development authority 15 board which shall make expenditures from the fund consistent 16 with the purposes of the vision Iowa program without further 17 appropriation. An applicant under the vision Iowa program 18 shall not receive more than seventy-five million dollars in 19 financial assistance from the fund. 20 Sec. 110. Section 12.75, subsection 1, Code 2024, is amended 21 to read as follows: 22 1. The enhance Iowa economic development authority board 23 may undertake a project for two or more applicants jointly 24 or for any combination of applicants, and may combine for 25 financing purposes, with the consent of all of the applicants 26 which are involved, the project and some or all future projects 27 of any applicant, and section 12.71, Code 2020 , sections 12.72 28 and 12.74 , this section , and sections 12.76 and 12.77 apply to 29 and for the benefit of the enhance Iowa economic development 30 authority board and the joint applicants. However, the money 31 set aside in a fund or funds pledged for any series or issue 32 of bonds or notes shall be held for the sole benefit of the 33 series or issue separate and apart from money pledged for 34 another series or issue of bonds or notes of the treasurer 35 -42- LSB 5023SV (3) 90 ss/ns 42/ 312
S.F. 2385 of state. To facilitate the combining of projects, bonds or 1 notes may be issued in series under one or more resolutions or 2 trust agreements and may be fully open-ended, thus providing 3 for the unlimited issuance of additional series, or partially 4 open-ended, limited as to additional series. 5 Sec. 111. Section 12C.6, subsection 2, paragraphs a, c, d, 6 e, and f, Code 2024, are amended to read as follows: 7 a. A committee composed of the superintendent of banking, 8 the superintendent of credit unions, the auditor of state or 9 a designee, and the treasurer of state shall meet on or about 10 the first of each month or at other times as the committee 11 may prescribe and by majority action The treasurer of state, 12 in consultation with subject matter experts as needed, shall 13 establish a minimum rate to be earned on state funds placed in 14 time deposits. 15 c. An interest rate established by the committee treasurer 16 of state under this section shall be in effect commencing 17 on the eighth calendar day following the day the rate is 18 established and until a different rate is established and takes 19 effect. 20 d. The committee treasurer of state shall give advisory 21 notice of an interest rate established under this section . 22 This notice may be given by publication in one or more 23 newspapers, by publication in the Iowa administrative bulletin, 24 by ordinary mail to persons directly affected, by any other 25 method determined by the committee treasurer of state , or by 26 a combination of these. In all cases, the notice shall be 27 published in the Iowa administrative bulletin. 28 e. The notice shall contain the following words: 29 The rate of interest has been determined by a committee the 30 treasurer of state of the state of Iowa to be the minimum 31 interest rate that shall be paid on public funds deposited in 32 approved financial institutions. To be eligible to accept 33 deposits of public funds of the state of Iowa, a financial 34 institution shall demonstrate a commitment to serve the 35 -43- LSB 5023SV (3) 90 ss/ns 43/ 312
S.F. 2385 needs of the local community in which it is chartered to do 1 business. These needs include credit services as well as 2 deposit services. All such financial institutions are required 3 to provide the committee treasurer of state with a written 4 description of their commitment to provide credit services in 5 the community. This statement is available for examination by 6 citizens. 7 f. The notice shall also provide the name and address of a 8 state official to whom inquiries can be sent. Actions of the 9 committee treasurer of state under this section and section 10 12C.6A are exempt from chapter 17A . 11 Sec. 112. Section 12C.6A, subsection 2, Code 2024, is 12 amended to read as follows: 13 2. In addition to establishing a minimum interest rate for 14 public funds pursuant to section 12C.6 , the committee composed 15 of the superintendent of banking, the superintendent of credit 16 unions, the auditor of state or a designee, and the treasurer 17 of state , in consultation with subject matter experts as 18 needed, shall develop a list of financial institutions eligible 19 to accept state public funds. The committee treasurer of state 20 shall require that a financial institution seeking to qualify 21 for the list shall annually provide the committee treasurer 22 of state a written statement that the financial institution 23 has complied with the requirements of this chapter and has a 24 commitment to community reinvestment consistent with the safe 25 and sound operation of a financial institution, unless the 26 financial institution has received a rating of satisfactory 27 or higher pursuant to the federal Community Reinvestment 28 Act, 12 U.S.C. §2901 et seq., and such rating is certified 29 to the committee treasurer of state by the superintendent of 30 banking. To qualify for the list, a financial institution must 31 demonstrate a continuing commitment to meet the credit needs of 32 the local community in which it is chartered. 33 Sec. 113. Section 12C.6A, subsection 3, unnumbered 34 paragraph 1, Code 2024, is amended to read as follows: 35 -44- LSB 5023SV (3) 90 ss/ns 44/ 312
S.F. 2385 The committee treasurer of state may require a financial 1 institution to provide public notice inviting the public to 2 submit comments to the financial institution regarding its 3 community lending activities. Each financial institution shall 4 maintain a file open to public inspection which contains public 5 comments received on its community investment activities, and 6 the financial institution’s response to those comments. The 7 committee treasurer of state shall adopt procedures for both 8 of the following: 9 Sec. 114. Section 12C.6A, subsection 4, unnumbered 10 paragraph 1, Code 2024, is amended to read as follows: 11 At least once a year the committee treasurer of state 12 shall review any challenges that have been filed pursuant 13 to subsection 3 . The committee treasurer of state may hold 14 a public hearing to consider the challenge. In considering 15 a challenge, the committee treasurer of state shall review 16 documents filed with federal regulatory authorities pursuant to 17 the Community Reinvestment Act, 12 U.S.C. §2901 et seq., and 18 regulations adopted pursuant to the Act, as amended to January 19 1, 1990. In addition, consistent with the confidentiality of 20 financial institution records the committee treasurer of state 21 shall consider other factors including, but not limited to, the 22 following: 23 Sec. 115. Section 12C.6A, subsection 5, Code 2024, is 24 amended to read as follows: 25 5. a. A person who believes a bank has failed to meet its 26 community reinvestment responsibility may file a complaint with 27 the committee treasurer of state detailing the basis for that 28 belief. 29 b. If any committee member, in the member’s discretion, 30 the treasurer of state, in the treasurer’s discretion, finds 31 that the complaint has merit, the member treasurer of state may 32 order the bank alleged to have failed to meet its community 33 reinvestment responsibility to attend and participate in a 34 meeting with the complainant. The committee member treasurer 35 -45- LSB 5023SV (3) 90 ss/ns 45/ 312
S.F. 2385 of state may specify who, at minimum, shall represent the bank 1 at the meeting. At the meeting, or at any other time, the bank 2 may, but is not required to, enter into an agreement with a 3 complainant to correct alleged failings. 4 c. A majority of the committee The treasurer of state may 5 order a bank against which a complaint has been filed pursuant 6 to this subsection , to disclose such additional information 7 relating to community reinvestment as required by the order of 8 the majority of the committee treasurer of state . 9 d. This subsection does not preempt any other remedies 10 available under statutory or common law available to the 11 committee treasurer of state , the superintendent of banking, or 12 aggrieved persons to cure violations of this section or chapter 13 524 , or rules adopted pursuant to this section or chapter 524 . 14 The committee treasurer of state may conduct a public hearing 15 as provided in subsection 4 based upon the same complaint. An 16 order finding merit in a complaint and ordering a meeting is 17 not an election of remedies. 18 Sec. 116. Section 15.105, subsection 1, paragraph a, 19 subparagraph (1), Code 2024, is amended to read as follows: 20 (1) The powers of the authority are vested in and shall 21 be exercised by a board of eleven voting members selected at 22 large and appointed by the governor subject to confirmation 23 by the senate. The voting members shall be comprised of the 24 following: 25 (a) Two members from each United States congressional 26 district established under section 40.1 in the state. 27 (b) Three members selected at large. 28 Sec. 117. Section 15.108, subsection 5, paragraph c, Code 29 2024, is amended to read as follows: 30 c. Coordinate and develop with the department of 31 transportation, the department of natural resources, the 32 enhance Iowa board, other state agencies, and local and 33 regional entities public interpretation, marketing, and 34 education programs that encourage Iowans and out-of-state 35 -46- LSB 5023SV (3) 90 ss/ns 46/ 312
S.F. 2385 visitors to participate in the recreational and leisure 1 opportunities available in Iowa. The authority shall establish 2 and administer a program that helps connect both Iowa residents 3 and residents of other states to new and existing Iowa 4 experiences as a means to enhance the economic, social, and 5 cultural well-being of the state. The program shall include 6 a broad range of new opportunities, both rural and urban, 7 including main street destinations, green space initiatives, 8 and artistic and cultural attractions. 9 Sec. 118. Section 15.108, subsection 8, paragraph b, 10 subparagraphs (4) and (5), Code 2024, are amended to read as 11 follows: 12 (4) Compile, in consultation with the Iowa arts council, 13 a list of grant applications recommended for funding in 14 accordance with the amount available for distribution as 15 provided in section 15.481, subsection 3 . The list of 16 recommended grant applications shall be submitted to the Iowa 17 cultural trust board of trustees for approval. 18 (5) Monitor the allocation and use of grant moneys by all 19 qualified organizations to determine whether moneys are used 20 in accordance with the provisions of this paragraph “b” and 21 subchapter II, part 30 . The authority shall annually submit 22 a report with the authority’s findings and recommendations to 23 the Iowa cultural trust board of trustees prior to final board 24 action in approving grants for the next succeeding fiscal year. 25 Sec. 119. Section 15.116, Code 2024, is amended to read as 26 follows: 27 15.116 Technology commercialization committee. 28 To evaluate and make recommendations to the authority 29 on appropriate funding for the projects and programs 30 applying for financial assistance from the innovation 31 and commercialization development fund created in section 32 15.412 , the economic development authority shall create a 33 technology commercialization committee composed of members 34 with expertise in the areas of biosciences, engineering, 35 -47- LSB 5023SV (3) 90 ss/ns 47/ 312
S.F. 2385 manufacturing, pharmaceuticals, materials, information 1 solutions, software, and energy. At least one member of the 2 technology commercialization committee shall be a member of the 3 economic development authority. An organization designated by 4 the authority, composed of members from both the public and 5 private sectors and composed of subunits or subcommittees in 6 the areas of already identified bioscience platforms, education 7 and workforce development, commercialization, communication, 8 policy and governance, and finance, shall provide funding 9 recommendations to the technology commercialization committee. 10 Members of the committee shall be eligible for a per diem as 11 specified in section 7E.6 for each day spent in performance of 12 duties as members, and shall receive compensation for mileage 13 to and from meetings. 14 Sec. 120. Section 15.117A, subsection 2, paragraph a, 15 unnumbered paragraph 1, Code 2024, is amended to read as 16 follows: 17 Twenty-nine Nine voting members as follows: 18 Sec. 121. Section 15.117A, subsection 2, paragraph a, 19 subparagraphs (1), (3), and (9), Code 2024, are amended to read 20 as follows: 21 (1) Twenty Three members selected by the board to serve 22 staggered, two-year terms beginning and ending as provided 23 in section 69.19 . Of the members selected by the board, 24 fourteen shall be representatives from businesses in the 25 targeted industries and six shall be individuals who serve 26 on the technology commercialization committee created in 27 section 15.116 , or other committees of the board, and who 28 have expertise with the targeted industries. At least ten of 29 the members selected pursuant to this subparagraph shall be 30 executives actively engaged in the management of a business in 31 a targeted industry. The members selected pursuant to this 32 paragraph subparagraph shall have expertise in the targeted 33 industries and reflect the size and diversity of businesses in 34 the targeted industries and of the various geographic areas of 35 -48- LSB 5023SV (3) 90 ss/ns 48/ 312
S.F. 2385 the state . 1 (3) The director of the authority , or the director’s 2 designee . 3 (9) Two One community college presidents from 4 geographically diverse areas of the state president , selected 5 by the Iowa association of community college trustees. 6 Sec. 122. Section 15.117A, subsection 2, paragraph a, 7 subparagraphs (2) and (4), Code 2024, are amended by striking 8 the subparagraphs. 9 Sec. 123. Section 15.117A, subsection 4, Code 2024, is 10 amended to read as follows: 11 4. The chief technology officer appointed pursuant to 12 section 15.117 council shall be select the chairperson of the 13 council and , who shall be responsible for convening meetings of 14 the council and coordinating its activities and shall convene 15 the council at least annually . The council shall annually 16 elect one of the voting members to serve as vice chairperson. 17 A majority of the members of the council constitutes a quorum. 18 However, the chief technology officer chairperson shall not 19 convene a meeting of the council unless the director of the 20 authority, or the director’s designee, is present at the 21 meeting. 22 Sec. 124. Section 15.117A, subsection 6, paragraphs a, b, 23 and d, Code 2024, are amended by striking the paragraphs. 24 Sec. 125. Section 15.117A, Code 2024, is amended by adding 25 the following new subsection: 26 NEW SUBSECTION . 7. A committee appointed by the 27 director and the chairperson of the council shall review and 28 make recommendations on all applications received by the 29 authority for financial assistance under the Iowa strategic 30 infrastructure program pursuant to section 15.313. Persons 31 appointed to a committee pursuant to this subsection are not 32 required to be members of the council. 33 Sec. 126. Section 15.439, subsection 1, paragraphs a, c, d, 34 and e, Code 2024, are amended to read as follows: 35 -49- LSB 5023SV (3) 90 ss/ns 49/ 312
S.F. 2385 a. The authority shall establish and administer an Iowa 1 great places program for purposes of combining resources of 2 state government in an effort to showcase the unique and 3 authentic qualities of communities, regions, neighborhoods, and 4 districts that make such places exceptional places to work and 5 live. The authority shall provide administrative assistance to 6 the Iowa great places board. The authority shall coordinate 7 the efforts of the Iowa great places board with the efforts of 8 other state agencies participating in the program which shall 9 include but not be limited to the Iowa finance authority, the 10 department of health and human services, the department of 11 natural resources, the state department of transportation, and 12 the department of workforce development. 13 c. Initially, three Iowa great places projects shall be 14 identified by the Iowa great places board. The board authority 15 may identify additional Iowa great places for participation 16 under the program when places develop dimensions and meet 17 readiness criteria for participation under the program. 18 d. The authority shall work in cooperation with the enhance 19 Iowa board for purposes of maximizing and leveraging moneys 20 appropriated to identified Iowa great places. 21 e. d. As a condition of receiving state funds, an 22 identified Iowa great place shall present information to the 23 board authority concerning the proposed activities and total 24 financial needs of the project. 25 Sec. 127. Section 15.439, subsection 2, Code 2024, is 26 amended by striking the subsection. 27 Sec. 128. Section 15.439, subsections 3 and 4, Code 2024, 28 are amended to read as follows: 29 3. The board authority shall do all of the following: 30 a. Organize. 31 b. a. Identify Iowa great places for purposes of receiving 32 a package of resources under the program. 33 c. b. Identify a combination of state resources which can 34 be provided to Iowa great places. 35 -50- LSB 5023SV (3) 90 ss/ns 50/ 312
S.F. 2385 4. Notwithstanding any restriction, requirement, or 1 duty to the contrary, in considering an application for a 2 grant, loan, or other financial or technical assistance for a 3 project identified in an Iowa great places agreement developed 4 pursuant to this section , a state agency shall give additional 5 consideration or additional points in the application of rating 6 or evaluation criteria to such applications. This subsection 7 applies to applications filed within three years of the Iowa 8 great places board’s authority’s identification of the project 9 for participation in the program. 10 Sec. 129. Section 15.478, subsection 1, Code 2024, is 11 amended by striking the subsection. 12 Sec. 130. Section 15.479, subsection 4, Code 2024, is 13 amended to read as follows: 14 4. The treasurer of state shall act as custodian of the 15 fund, shall invest moneys in the trust fund, and shall transfer 16 the interest attributable to the investment of trust fund 17 moneys to the grant account created in section 15.482 . The 18 trust fund’s principal shall not be used or accessed by the 19 department or the board authority for any purpose. 20 Sec. 131. Section 15.481, unnumbered paragraph 1, Code 21 2024, is amended to read as follows: 22 The board authority shall do any or all of the following: 23 Sec. 132. Section 15.481, subsections 2 and 3, Code 2024, 24 are amended to read as follows: 25 2. Approve or disapprove the grants recommended for 26 approval by the director, in consultation with the Iowa arts 27 council and the state historical society of Iowa, in accordance 28 with section 15.108, subsection 8 , paragraph “b” . The board 29 authority may remove any recommendation from the list, but 30 shall not add to or otherwise amend the list of recommended 31 grants. 32 3. Upon approving a grant, the board authority shall certify 33 to the treasurer of state the amount of financial assistance 34 payable from the grant account to the qualified organization 35 -51- LSB 5023SV (3) 90 ss/ns 51/ 312
S.F. 2385 whose grant application is approved. 1 Sec. 133. Section 15.482, subsections 1 and 3, Code 2024, 2 are amended to read as follows: 3 1. An Iowa cultural trust grant account is created in 4 the office of the treasurer of state under the control of 5 the board authority to receive interest attributable to the 6 investment of trust fund moneys as required by section 15.479, 7 subsection 4 . The moneys in the grant account are appropriated 8 to the board authority for purposes of the Iowa cultural trust 9 created in section 15.479 . Moneys in the grant account shall 10 not be subject to appropriation for any other purpose by the 11 general assembly, but shall be used only for the purposes of 12 the Iowa cultural trust. The treasurer of state shall act as 13 custodian of the grant account and disburse moneys contained 14 in the grant account as directed by the board authority . The 15 board authority shall make expenditures from the grant account 16 consistent with the purposes of the Iowa cultural trust. 17 3. At any time when the principal balance in the trust fund 18 equals or exceeds three million dollars, the board authority 19 may use moneys in the grant account for a statewide educational 20 program to promote participation in, expanded support of, and 21 local endowment building for, Iowa nonprofit arts, history, and 22 sciences and humanities organizations. 23 Sec. 134. Section 15F.101, subsection 2, Code 2024, is 24 amended to read as follows: 25 2. “Board” means the enhance Iowa economic development 26 authority board as created in section 15F.102 15.105 . 27 Sec. 135. Section 15F.203, subsection 2, Code 2024, is 28 amended to read as follows: 29 2. A review committee composed of five members of the 30 board shall review community attraction and tourism program 31 applications forwarded to the board and make recommendations 32 regarding the applications to the board. The review committee 33 shall consist of members of the board, with one member from 34 each congressional district under section 15F.102, subsection 35 -52- LSB 5023SV (3) 90 ss/ns 52/ 312
S.F. 2385 2 , paragraph “a” , and one member from the state at large under 1 section 15F.102, subsection 2 , paragraph “b” . 2 Sec. 136. Section 15F.304, subsection 2, Code 2024, is 3 amended to read as follows: 4 2. A review committee composed of six members of the 5 board shall review vision Iowa program applications and 6 river enhancement community attraction and tourism project 7 applications forwarded to the board and make recommendations 8 regarding the applications to the board. The review committee 9 shall consist of members of the board, with one member from 10 each congressional district under section 15F.102, subsection 11 2 , paragraph “a” , and two members from the state at large under 12 section 15F.102, subsection 2 , paragraph “b” . 13 Sec. 137. Section 15F.402, subsection 2, Code 2024, is 14 amended to read as follows: 15 2. A review committee composed of five members of the 16 board shall review sports tourism marketing and infrastructure 17 program applications forwarded to the board and make 18 recommendations regarding the applications to the authority. 19 The review committee shall consist of members of the board, 20 with one member from each congressional district under section 21 15F.102, subsection 2 , paragraph “a” , and one member from the 22 state at large under section 15F.102, subsection 2 , paragraph 23 “b” . 24 Sec. 138. Section 15H.3, subsection 1, paragraphs e and k, 25 Code 2024, are amended by striking the paragraphs. 26 Sec. 139. Section 16.2D, subsections 1, 2, 3, 4, 5, and 6, 27 Code 2024, are amended by striking the subsections. 28 Sec. 140. Section 16.2D, subsection 7, unnumbered paragraph 29 1, Code 2024, is amended to read as follows: 30 The duties of the council authority under this section shall 31 include but are not limited to the following: 32 Sec. 141. Section 16.2D, subsection 7, paragraph e, Code 33 2024, is amended to read as follows: 34 e. Advise the governor’s office, the authority, state 35 -53- LSB 5023SV (3) 90 ss/ns 53/ 312
S.F. 2385 agencies, and private organizations on strategies to prevent 1 and eliminate homelessness. 2 Sec. 142. Section 16.2D, subsections 8, 9, and 10, Code 3 2024, are amended to read as follows: 4 8. The council authority shall file a point-in-time report 5 on homelessness in Iowa with the governor and the general 6 assembly on or before December 1 of each year. 7 9. a. The authority , in consultation with the council, 8 shall adopt rules pursuant to chapter 17A for carrying out the 9 duties of the council authority pursuant to this section . 10 b. The council authority shall establish internal rules of 11 procedure consistent with the provisions of this section . 12 c. Rules adopted or internal rules of procedure established 13 pursuant to paragraph “a” or “b” shall be consistent with the 14 requirements of the federal McKinney-Vento Homeless Assistance 15 Act, 42 U.S.C. §11301 et seq. 16 10. The council authority shall comply with the 17 requirements of chapters 21 and 22 . The authority shall be the 18 official repository of council records. 19 Sec. 143. Section 20.1, subsection 2, unnumbered paragraph 20 1, Code 2024, is amended to read as follows: 21 The general assembly declares that the purposes of the 22 public employment relations board established by employment 23 appeal board with respect to this chapter are to implement 24 the provisions of this chapter and adjudicate and conciliate 25 employment-related cases involving the state of Iowa and 26 other public employers and employee organizations. For these 27 purposes the powers and duties of the board include but are not 28 limited to the following: 29 Sec. 144. Section 20.3, subsection 2, Code 2024, is amended 30 to read as follows: 31 2. “Board” means the public employment relations appeal 32 board established under section 20.5 10A.601 . 33 Sec. 145. Section 20.6, subsection 1, Code 2024, is amended 34 to read as follows: 35 -54- LSB 5023SV (3) 90 ss/ns 54/ 312
S.F. 2385 1. Administer the provisions of this chapter and delegate 1 the powers and duties of the board to the executive director or 2 persons employed by the board, as appropriate. 3 Sec. 146. Section 22.7, subsection 69, Code 2024, is amended 4 to read as follows: 5 69. The evidence of public employee support for 6 the certification, retention and recertification, or 7 decertification of an employee organization as defined in 8 section 20.3 that is submitted to the public employment 9 relations appeal board as provided in section 20.14 or 20.15 . 10 Sec. 147. Section 23A.2, subsection 6, paragraph a, Code 11 2024, is amended to read as follows: 12 a. The director of the department of corrections , with the 13 advice of the state prison industries advisory board, may, by 14 rule, provide for exemptions from this chapter . 15 Sec. 148. Section 34A.2A, subsection 2, Code 2024, is 16 amended to read as follows: 17 2. The 911 program manager shall act under the supervisory 18 control of the director of the department of homeland security 19 and emergency management , and in consultation with the 20 911 communications council, and shall perform the duties 21 specifically set forth in this chapter and as assigned by the 22 director. 23 Sec. 149. Section 34A.7A, subsection 2, paragraph f, 24 subparagraph (1), subparagraph division (a), Code 2024, is 25 amended by striking the subparagraph division. 26 Sec. 150. Section 34A.7A, subsection 2, paragraph f, 27 subparagraph (1), subparagraph division (b), Code 2024, is 28 amended to read as follows: 29 (b) The program manager , in consultation with the 911 30 communications council, shall allocate an amount, not to exceed 31 one hundred thousand dollars per fiscal year, for development 32 of public awareness and educational programs related to the 33 use of 911 by the public, educational programs for personnel 34 responsible for the maintenance, operation, and upgrading of 35 -55- LSB 5023SV (3) 90 ss/ns 55/ 312
S.F. 2385 local 911 systems , and the expenses of members of the 911 1 communications council for travel, monthly meetings, and 2 training, provided, however, that the members have not received 3 reimbursement funds for such expenses from another source . 4 Sec. 151. Section 34A.7A, subsection 2, paragraph g, Code 5 2024, is amended to read as follows: 6 g. The director, in consultation with the program manager 7 and the 911 communications council , shall adopt rules pursuant 8 to chapter 17A governing the distribution of the surcharge 9 collected and distributed pursuant to this subsection . The 10 rules shall include provisions that all joint 911 service 11 boards and the department of public safety which answer or 12 service wireless 911 calls are eligible to receive an equitable 13 portion of the receipts. 14 Sec. 152. Section 34A.7A, subsection 5, paragraph a, Code 15 2024, is amended to read as follows: 16 a. The program manager, in consultation with the 911 17 communications council and the auditor of state, shall 18 establish a methodology for determining and collecting public 19 safety answering point cost and expense data through the county 20 joint 911 service boards. The methodology shall include the 21 collection of data for direct costs and expenses related to 22 the operation of a public safety answering point and account 23 for the extent to which identified costs and expenses are 24 compensated for or addressed through 911 surcharges versus 25 other sources of funding. 26 Sec. 153. Section 34A.11, subsection 1, Code 2024, is 27 amended to read as follows: 28 1. The joint 911 service board in each 911 service area 29 shall designate a person to serve as a single point-of-contact 30 to facilitate the communication of needs, issues, or concerns 31 regarding emergency communications, interoperability, and 32 other matters applicable to emergency 911 communications and 33 migration to the next generation 911 network. The person 34 designated as the single point-of-contact shall be responsible 35 -56- LSB 5023SV (3) 90 ss/ns 56/ 312
S.F. 2385 for facilitating the communication of such needs, issues, or 1 concerns between public or private safety agencies within the 2 service area, the 911 program manager, the 911 communications 3 council, the statewide interoperable communications system 4 board established in section 80.28 , and any other person, 5 entity, or agency the person deems necessary or appropriate. 6 The person designated shall also be responsible for responding 7 to surveys or requests for information applicable to the 8 service area received from a federal, state, or local agency, 9 entity, or board. 10 Sec. 154. Section 35A.2, subsection 2, Code 2024, is amended 11 to read as follows: 12 2. Ten commissioners shall be honorably discharged members 13 of the armed forces of the United States. The American 14 legion of Iowa , disabled American veterans department of Iowa , 15 veterans of foreign wars department of Iowa , American veterans 16 of World War II, Korea, and Vietnam , the Vietnam veterans of 17 America, the military order of the purple heart, the paralyzed 18 veterans of America, and the Iowa association of county 19 commissioners and veteran service officers, through their 20 department commanders, shall submit two names respectively from 21 their organizations to the governor. The adjutant general and 22 the Iowa affiliate of the reserve officers association shall 23 may submit names to the governor of persons to represent the 24 Iowa national guard and the association reserve organization 25 of America . The governor shall appoint from the group of 26 names submitted by the adjutant general and reserve officers 27 association two representatives and from each of the other 28 organizations one representative to serve as a member of the 29 commission, unless the appointments would conflict with the 30 bipartisan and gender balance provisions of sections 69.16 and 31 69.16A . In addition, the governor shall appoint one member 32 of the public, knowledgeable in the general field of veterans 33 affairs, to serve on the commission. If an organization fails 34 to submit a recommendation pursuant to this subsection, the 35 -57- LSB 5023SV (3) 90 ss/ns 57/ 312
S.F. 2385 governor may appoint any person to fill the vacancy. 1 Sec. 155. Section 68B.2, subsection 23, Code 2024, is 2 amended to read as follows: 3 23. “Regulatory agency” means the department of agriculture 4 and land stewardship, department of workforce development, 5 department of insurance and financial services, department 6 of public safety, department of education, state board of 7 regents, department of health and human services, department 8 of revenue, department of inspections, appeals, and licensing, 9 department of administrative services, public employment 10 relations appeal board, state department of transportation, 11 civil rights commission office of civil rights , department of 12 public defense, department of homeland security and emergency 13 management, Iowa ethics and campaign disclosure board, 14 utilities board, and department of natural resources. 15 Sec. 156. Section 68B.35, subsection 2, paragraph e, Code 16 2024, is amended to read as follows: 17 e. Members of the state banking council, the Iowa ethics and 18 campaign disclosure board, the credit union review board, the 19 economic development authority, the employment appeal board, 20 the environmental protection commission, the health facilities 21 council, the Iowa finance authority, the Iowa public employees’ 22 retirement system investment board, the Iowa lottery board 23 created in section 99G.8 , the natural resource commission, 24 the board of parole, the petroleum underground storage tank 25 fund board, the public employment relations board, the state 26 racing and gaming commission, the state board of regents, the 27 transportation commission, the office of consumer advocate, the 28 utilities board, the Iowa telecommunications and technology 29 commission, and any full-time members of other boards and 30 commissions as defined under section 7E.4 who receive an annual 31 salary for their service on the board or commission. The Iowa 32 ethics and campaign disclosure board shall conduct an annual 33 review to determine if members of any other board, commission, 34 or authority should file a statement and shall require the 35 -58- LSB 5023SV (3) 90 ss/ns 58/ 312
S.F. 2385 filing of a statement pursuant to rules adopted pursuant to 1 chapter 17A . 2 Sec. 157. Section 70A.28, subsection 6, Code 2024, is 3 amended to read as follows: 4 6. Subsection 2 may also be enforced by an employee through 5 an administrative action pursuant to the requirements of this 6 subsection if the employee is not a merit system employee or 7 an employee covered by a collective bargaining agreement. An 8 employee eligible to pursue an administrative action pursuant 9 to this subsection who is discharged, suspended, demoted, 10 or otherwise receives a reduction in pay and who believes 11 the adverse employment action was taken as a result of the 12 employee’s disclosure of information that was authorized 13 pursuant to subsection 2 , may file an appeal of the adverse 14 employment action with the public employment relations appeal 15 board within thirty calendar days following the later of the 16 effective date of the action or the date a finding is issued 17 to the employee by the office of ombudsman pursuant to section 18 2C.11A . The findings issued by the ombudsman may be introduced 19 as evidence before the public employment relations appeal 20 board. The employee has the right to a hearing closed to 21 the public, but may request a public hearing. The hearing 22 shall otherwise be conducted in accordance with the rules of 23 the public employment relations appeal board and the Iowa 24 administrative procedure Act, chapter 17A . If the public 25 employment relations appeal board finds that the action taken 26 in regard to the employee was in violation of subsection 2 , the 27 employee may be reinstated without loss of pay or benefits for 28 the elapsed period, or the public employment relations appeal 29 board may provide other appropriate remedies. Decisions by 30 the public employment relations appeal board constitute final 31 agency action. 32 Sec. 158. Section 80.28, subsections 2 and 3, Code 2024, are 33 amended to read as follows: 34 2. The board shall consist of nineteen voting members, as 35 -59- LSB 5023SV (3) 90 ss/ns 59/ 312
S.F. 2385 follows the following members, selected by the governor after 1 considering recommendations from professional or volunteer 2 organizations : 3 a. The following members representing state agencies: 4 (1) One member representing the department of public 5 safety. 6 (2) One member representing the state department of 7 transportation. 8 (3) One member representing the department of homeland 9 security and emergency management. 10 (4) One member representing the department of corrections. 11 (5) One member representing the department of natural 12 resources. 13 (6) One member representing the department of health and 14 human services. 15 (7) One member representing the office of the chief 16 information officer created in section 8B.2 . 17 (8) One member representing the Iowa law enforcement 18 academy created in section 80B.4 . 19 b. The governor shall solicit and consider recommendations 20 from professional or volunteer organizations in appointing the 21 following members: 22 (1) Two members who are representatives One member who is a 23 representative from a municipal police departments department . 24 (2) b. Two members who are representatives One member who 25 is a representative of a sheriff’s offices office . 26 (3) c. Two members who are representatives One member who 27 is a representative from a fire departments department . One 28 of the members shall be a volunteer fire fighter and the other 29 member shall be a paid fire fighter. 30 (4) d. Two members who are One member who is a law 31 communication center managers manager employed by a state or 32 local government agencies agency . 33 (5) e. One member representing local emergency management 34 coordinators. 35 -60- LSB 5023SV (3) 90 ss/ns 60/ 312
S.F. 2385 (6) f. One member representing emergency medical service 1 providers. 2 (7) g. One at-large member. 3 3. In addition to the voting members listed in subsection 4 2 , the board membership shall include four members of the 5 general assembly with one member designated by each of 6 the following: the majority leader of the senate, the 7 minority leader of the senate, the speaker of the house of 8 representatives, and the minority leader of the house of 9 representatives. A legislative member serves for a term as 10 provided in section 69.16B in an ex officio, nonvoting capacity 11 and is eligible for per diem and expenses as provided in 12 section 2.10 . 13 Sec. 159. Section 84A.1A, subsection 1, unnumbered 14 paragraph 1, Code 2024, is amended to read as follows: 15 An Iowa workforce development board is created, consisting 16 of thirty-three voting members and thirteen nonvoting the 17 following members. 18 Sec. 160. Section 84A.1A, subsection 1, paragraph a, 19 subparagraph (5), Code 2024, is amended by striking the 20 subparagraph. 21 Sec. 161. Section 84A.1A, subsection 1, paragraph a, 22 subparagraph (8), unnumbered paragraph 1, Code 2024, is amended 23 to read as follows: 24 The following twenty-six members who shall be appointed by 25 the governor for staggered terms of four years beginning and 26 ending as provided in section 69.19 , subject to confirmation 27 by the senate: 28 Sec. 162. Section 84A.1A, subsection 1, paragraph a, 29 subparagraph (8), subparagraph division (a), unnumbered 30 paragraph 1, Code 2024, is amended to read as follows: 31 Seventeen Ten members who shall be representatives of 32 businesses in the state to whom each of the following applies , 33 and at least one of whom shall represent small businesses as 34 defined by the United States small business administration : 35 -61- LSB 5023SV (3) 90 ss/ns 61/ 312
S.F. 2385 Sec. 163. Section 84A.1A, subsection 1, paragraph a, 1 subparagraph (8), subparagraph division (b), Code 2024, is 2 amended to read as follows: 3 (b) Seven Four members who shall be representatives of 4 the workforce in the state and who shall include all of the 5 following: 6 (i) Four At least two representatives of labor 7 organizations who have been nominated by state labor 8 federations. 9 (ii) One At least one representative of a joint 10 labor-management apprenticeship program in the state who shall 11 be a member of a labor organization or a training director. If 12 such a joint program does not exist in the state, the member 13 shall instead be a representative of an apprenticeship program 14 in the state. 15 (iii) Two representatives of community-based organizations 16 that have demonstrated experience and expertise in addressing 17 the employment, training, or education needs of individuals 18 with barriers to employment as defined in the federal Workforce 19 Innovation and Opportunity Act , Pub. L. No. 113-128, §3(24) , 20 including but not limited to organizations that serve veterans 21 or that provide or support competitive, integrated employment 22 for individuals with disabilities; or that serve eligible 23 youth, as defined in the federal Workforce Innovation and 24 Opportunity Act , Pub. L. No. 113-128, §3(18) , including 25 representatives of organizations that serve out-of-school 26 youth, as defined in the federal Workforce Innovation and 27 Opportunity Act , Pub. L. No. 113-128, §129(a)(1)(B) . 28 Sec. 164. Section 84A.1A, subsection 1, paragraph b, Code 29 2024, is amended by striking the paragraph and inserting in 30 lieu thereof the following: 31 b. The director of the department of education or the 32 director’s designee shall serve as an ex officio, nonvoting 33 member. 34 Sec. 165. Section 89.2, subsection 2, Code 2024, is amended 35 -62- LSB 5023SV (3) 90 ss/ns 62/ 312
S.F. 2385 by striking the subsection. 1 Sec. 166. Section 89.3, subsection 6, paragraph c, Code 2 2024, is amended to read as follows: 3 c. If the director intends to deny the request, the director 4 shall contact the owner prior to the denial and provide an 5 opportunity for the owner to address the reasons for the 6 intended denial. If the board department has not adopted rules 7 pursuant to section 89.14, subsection 11 , the lack of adoption 8 shall not be grounds for the director not to consider a request 9 for a longer inspection interval pursuant to this subsection . 10 Sec. 167. Section 89.6, subsection 2, Code 2024, is amended 11 to read as follows: 12 2. Before any power boiler is converted to a low pressure 13 boiler, the owner or user shall give to the director ten 14 days’ written notice of intent to convert the boiler. The 15 notice shall designate the boiler location, the uses of the 16 building, and other information specified by rule by the board 17 department . 18 Sec. 168. Section 89.14, subsections 1, 5, 6, 7, 8, 9, 10, 19 and 11, Code 2024, are amended to read as follows: 20 1. A boiler and pressure vessel board is created within the 21 The department to formulate shall adopt definitions and rules 22 requirements for the safe and proper installation, repair, 23 maintenance, alteration, use, and operation of boilers and 24 pressure vessels in this state. 25 5. The board department shall adopt rules pursuant to 26 chapter 17A necessary to administer the duties of the board 27 department . Rules adopted by the board department shall 28 be in accordance with accepted engineering standards and 29 practices. The board department shall adopt rules relating to 30 the equipment covered by this chapter that are in accordance 31 with the ASME code, which may include addenda, interpretations, 32 and code cases, as soon as reasonably practical following 33 publication by the American society of mechanical engineers. 34 The board department shall adopt rules to require that 35 -63- LSB 5023SV (3) 90 ss/ns 63/ 312
S.F. 2385 operation of equipment cease in the event of imminent danger. 1 6. A notice of defect or inspection report issued by the 2 director pursuant to this chapter may, within thirty days after 3 the making of the order, be appealed to the board department . 4 Board Department action constitutes final agency action for 5 purposes of chapter 17A . 6 7. Not later than July 1, 2005, and every three years 7 thereafter, the board department shall conduct a comprehensive 8 review of existing boiler rules, regulations, and standards, 9 including but not limited to those relating to potable hot 10 water supply boilers and water heaters. 11 8. The board department shall establish fees for 12 examinations, inspections, annual statements, shop inspections, 13 and other services. The fees shall reflect the actual costs 14 and expenses necessary to operate the board department and 15 perform the duties of the director. 16 9. The board department may adopt rules governing the 17 conversion of power boilers to low pressure boilers. 18 10. The board department may adopt rules establishing an 19 internal inspection interval of up to four years for objects 20 that are subject to inspection pursuant to section 89.3, 21 subsection 4 , and are owned and operated by electric public 22 utilities subject to rate regulation under chapter 476 . 23 11. The board department shall adopt rules to allow an 24 extended internal inspection interval of up to seven years for 25 objects that are subject to inspection pursuant to section 26 89.5A 89.3, subsection 6 . 27 Sec. 169. Section 89.14, subsections 2, 3, and 4, Code 2024, 28 are amended by striking the subsections. 29 Sec. 170. Section 89A.1, subsection 18, Code 2024, is 30 amended by striking the subsection. 31 Sec. 171. Section 89A.3, subsections 1, 3, 4, and 7, Code 32 2024, are amended to read as follows: 33 1. The safety board department may adopt rules governing 34 maintenance, construction, alteration, and installation of 35 -64- LSB 5023SV (3) 90 ss/ns 64/ 312
S.F. 2385 conveyances, and the inspection and testing of new and existing 1 installations as necessary to provide for the public safety, 2 and to protect the public welfare. 3 3. The safety board department shall adopt rules for 4 conveyances according to the applicable provisions of the 5 American society of mechanical engineers safety codes for 6 elevators and escalators, A17.1 and A17.3, as the safety board 7 department deems necessary. In adopting rules the safety 8 board department may adopt the American society of mechanical 9 engineers safety codes, or any part of the codes, by reference. 10 4. The safety board department may adopt rules permitting 11 existing passenger and freight elevators to be modified into 12 material lift elevators. 13 7. The safety board department may adopt rules permitting 14 inclined or vertical wheelchair lifts in churches and houses of 15 worship to service more than one floor. 16 Sec. 172. Section 89A.3, subsection 2, unnumbered paragraph 17 1, Code 2024, is amended to read as follows: 18 The safety board department shall adopt, amend, or repeal 19 rules pursuant to chapter 17A as it deems necessary for the 20 administration of this chapter , which shall include but not be 21 limited to rules providing for: 22 Sec. 173. Section 89A.3, subsection 2, paragraph i, Code 23 2024, is amended to read as follows: 24 i. The amount of fees charged and collected for inspection, 25 permits, and commissions. Fees shall be set at an amount 26 sufficient to cover costs as determined from consideration 27 of the reasonable time required to conduct an inspection, 28 reasonable hourly wages paid to inspectors, and reasonable 29 transportation and similar expenses. The safety board 30 department shall also be authorized to consider setting reduced 31 fees for nonprofit associations and nonprofit corporations, as 32 described in chapters 501B and 504 . 33 Sec. 174. Section 89A.6, subsections 2, 3, and 6, Code 2024, 34 are amended to read as follows: 35 -65- LSB 5023SV (3) 90 ss/ns 65/ 312
S.F. 2385 2. Every existing conveyance registered with the director 1 shall be inspected within one year after the effective date of 2 the registration, except that the safety board department may 3 extend by rule the time specified for making inspections. 4 3. Every conveyance shall be inspected not less frequently 5 than annually, except that the safety board department may 6 adopt rules providing for inspections of conveyances at 7 intervals other than annually. 8 6. In addition to the inspections required by subsections 9 1 through 3 , the safety board department may provide by rule 10 for additional inspections as the safety board department deems 11 necessary to enforce the provisions of this chapter . 12 Sec. 175. Section 89A.10, subsection 2, Code 2024, is 13 amended to read as follows: 14 2. If the owner does not make the changes necessary for 15 compliance as required in subsection 1 within the period 16 specified by the director, the director, upon notice, may 17 suspend or revoke the operating permit, or may refuse to issue 18 the operating permit for the conveyance. The director shall 19 notify the owner of any action to suspend, revoke, or refuse 20 to issue an operating permit and the reason for the action 21 by service in the same manner as an original notice or by 22 certified mail. An owner may appeal the director’s initial 23 decision to the safety board department . The decision of the 24 safety board department shall be considered final agency action 25 pursuant to chapter 17A . 26 Sec. 176. Section 89A.11, Code 2024, is amended to read as 27 follows: 28 89A.11 Nonconforming conveyances. 29 The safety board department , pursuant to rule, may grant 30 exceptions and variances from the requirements of rules 31 adopted for any conveyance. Exceptions or variations shall be 32 reasonably related to the age of the conveyance, and may be 33 conditioned upon a repair or modification of the conveyance 34 deemed necessary by the safety board department to assure 35 -66- LSB 5023SV (3) 90 ss/ns 66/ 312
S.F. 2385 reasonable safety. However, an exception or variance shall not 1 be granted except to prevent undue hardship. Such conveyances 2 shall be subject to orders issued pursuant to section 89A.10 . 3 Sec. 177. Section 89A.13, subsections 1, 5, and 7, Code 4 2024, are amended to read as follows: 5 1. An elevator safety board is created within the The 6 department to formulate shall adopt definitions and rules 7 for the safe and proper installation, repair, maintenance, 8 alteration, use, and operation of conveyances in this state. 9 5. The owner or user of equipment regulated under this 10 chapter may appeal a notice of defect or an inspection report 11 to the safety board department within thirty days after the 12 issuance of the notice or report. Safety board Department 13 action constitutes final agency action for purposes of chapter 14 17A . 15 7. Not later than July 1, 2005, and every three years 16 thereafter, the safety board department shall conduct a 17 comprehensive review of existing conveyance rules, regulations, 18 and standards. 19 Sec. 178. Section 89A.13, subsections 2, 3, 4, and 6, Code 20 2024, are amended by striking the subsections. 21 Sec. 179. Section 89A.14, Code 2024, is amended to read as 22 follows: 23 89A.14 Continuing duty of owner. 24 Every conveyance shall be maintained by the owner in a safe 25 operating condition and in conformity with the rules adopted 26 by the safety board department . 27 Sec. 180. Section 97B.8B, subsection 2, Code 2024, is 28 amended to read as follows: 29 2. Membership. The benefits advisory committee shall be 30 comprised of representatives of constituent groups concerned 31 with the retirement system, and shall include representatives 32 of employers, active members, and retired members. In 33 addition, the director of the department of administrative 34 services , or the director’s designee, and a member of the 35 -67- LSB 5023SV (3) 90 ss/ns 67/ 312
S.F. 2385 public selected by the voting members of the committee shall 1 serve as members of the committee. The system shall adopt 2 rules under chapter 17A to provide for the selection of members 3 to the committee and the election of the voting members of the 4 committee. 5 Sec. 181. Section 100B.1, subsection 1, paragraph a, Code 6 2024, is amended to read as follows: 7 a. The council shall consist of eleven seven voting members 8 and one ex officio, nonvoting member. Voting members of the 9 state fire service and emergency response council shall be 10 appointed by the governor. 11 (1) The governor shall appoint consider appointing voting 12 members of the council from a list of nominees submitted by 13 each of the following organizations , but may appoint any person 14 to serve on the council : 15 (a) Two members from a list submitted by the The Iowa 16 firefighters association. 17 (b) Two members from a list submitted by the The Iowa fire 18 chiefs’ association. 19 (c) Two members from a list submitted by the The Iowa 20 professional fire fighters. 21 (d) Two members from a list submitted by the The Iowa 22 association of professional fire chiefs. 23 (e) One member from a list submitted by the The Iowa 24 emergency medical services association. 25 (2) A person nominated for inclusion in the voting 26 membership on the council is not required to be a member of the 27 organization that nominates the person. 28 (3) The tenth and eleventh voting members of the council 29 shall be members of the general public appointed by the 30 governor. 31 (4) (2) The labor commissioner, or the labor commissioner’s 32 designee, shall be a nonvoting, ex officio member of the 33 council. 34 Sec. 182. Section 100B.1, subsection 3, Code 2024, is 35 -68- LSB 5023SV (3) 90 ss/ns 68/ 312
S.F. 2385 amended to read as follows: 1 3. Six Four voting members of the council shall constitute 2 a quorum. For the purpose of conducting business, a majority 3 vote of the council shall be required. The council shall elect 4 a chairperson from its members. The council shall meet at the 5 call of the chairperson, or the state fire marshal, or when any 6 six four members of the council file a written request with the 7 chairperson for a meeting. 8 Sec. 183. Section 100C.1, subsection 5, Code 2024, is 9 amended to read as follows: 10 5. “Automatic fire extinguishing system” means a system of 11 devices and equipment that automatically detects a fire and 12 discharges an approved fire extinguishing agent onto or in 13 the area of a fire and includes automatic sprinkler systems, 14 carbon dioxide extinguishing systems, deluge systems, automatic 15 dry-chemical extinguishing systems, foam extinguishing systems, 16 and halogenated extinguishing systems, or other equivalent fire 17 extinguishing technologies recognized by the fire extinguishing 18 system contractors advisory board department . 19 Sec. 184. Section 100C.7, Code 2024, is amended to read as 20 follows: 21 100C.7 Administration —— rules. 22 The director shall administer this chapter and , after 23 consultation with the fire extinguishing system contractors and 24 alarm systems advisory board, shall adopt rules pursuant to 25 chapter 17A necessary for the administration and enforcement of 26 this chapter . 27 Sec. 185. Section 100D.5, subsection 1, Code 2024, is 28 amended to read as follows: 29 1. After consultation with the fire extinguishing system 30 contractors and alarm systems advisory board established 31 pursuant to section 100C.10 , adopt Adopt rules pursuant to 32 chapter 17A necessary for the administration and enforcement of 33 this chapter . 34 Sec. 186. Section 101C.2, subsection 1, Code 2024, is 35 -69- LSB 5023SV (3) 90 ss/ns 69/ 312
S.F. 2385 amended by striking the subsection and inserting in lieu 1 thereof the following: 2 1. “Department” means the department of agriculture and land 3 stewardship. 4 Sec. 187. Section 101C.3, subsections 1, 2, 3, 4, 5, 6, and 5 7, Code 2024, are amended by striking the subsections. 6 Sec. 188. Section 101C.3, subsections 8, 9, 10, 11, 12, and 7 13, Code 2024, are amended to read as follows: 8 8. a. The council department shall develop programs and 9 projects and enter into agreements for administering such 10 programs and projects as provided in this chapter , including 11 programs to enhance consumer and employee safety and training, 12 provide for research and development of clean and efficient 13 propane utilization equipment, inform and educate the public 14 about safety and other issues associated with the use of 15 propane, and develop programs and projects that provide 16 assistance to persons who are eligible for the low-income home 17 energy assistance program. The programs and projects shall 18 be developed to attain equitable geographic distribution of 19 their benefits to the fullest extent practicable. The costs of 20 the programs and projects shall be paid with funds collected 21 pursuant to section 101C.4 . The council department shall 22 coordinate its the programs and projects with propane industry 23 trade associations and others as the council department deems 24 appropriate to provide efficient delivery of services and to 25 avoid unnecessary duplication of activities. Issues concerning 26 propane that are related to research and development, safety, 27 education, and training shall be given priority by the council 28 department in the development of programs and projects. 29 b. The council department may develop energy efficiency 30 programs dedicated to weatherization, acquisition , and 31 installation of energy-efficient customer appliances that 32 qualify for energy star certification, installation of low-flow 33 faucets and showerheads, and energy efficiency education. The 34 council department may by rule establish quality standards in 35 -70- LSB 5023SV (3) 90 ss/ns 70/ 312
S.F. 2385 relation to weatherization and appliance installation. 1 9. At the beginning of each fiscal year, the council 2 department shall prepare a budget plan for the next fiscal 3 year, including the probable cost of all programs, projects, 4 and contracts to be undertaken under this chapter . The 5 council department shall submit the proposed budget to the fire 6 marshal for review and comment. The fire marshal may recommend 7 appropriate programs, projects, and activities to be undertaken 8 by the council department . 9 10. The council department shall keep minutes, books, and 10 records that clearly reflect all of the acts and transactions 11 of the council department under this chapter which are public 12 records open to public inspection. The books and records shall 13 indicate the geographic areas where benefits were conferred 14 by each individual program or project in detail sufficient to 15 reflect the degree to which each program or project attained 16 equitable geographic distribution of its benefits. The books 17 of the council department shall be audited by a certified 18 public accountant at least once each fiscal year and at such 19 other times as the council department may designate. The 20 cost of the audit shall be paid by the council department . 21 Copies of the audit shall be provided to all council members, 22 all qualified propane industry organizations , and to other 23 members of the propane industry upon request. In addition, 24 a copy of the audit and a report detailing the programs and 25 projects conducted by the council department and containing 26 information reflecting the degree to which equitable geographic 27 distribution of the benefits of each program or project was 28 attained shall be submitted each fiscal year to the chief 29 clerk of the house of representatives and the secretary of the 30 senate. 31 11. The council department is subject to the open meetings 32 requirements of chapter 21 when meeting pursuant to this 33 chapter . 34 12. The council department shall promulgate adopt 35 -71- LSB 5023SV (3) 90 ss/ns 71/ 312
S.F. 2385 administrative rules pursuant to chapter 17A which shall have 1 the same force and effect as if adopted by a state agency. 2 Initial rules shall be promulgated on an emergency basis . 3 13. The council department shall also perform the functions 4 required of a state organization under the federal Propane 5 Education and Research Act of 1996, be the repository of funds 6 received under that Act, and separately account for those 7 funds. The council department shall coordinate the operation 8 of the program with the federal council as contemplated by 15 9 U.S.C. §6405. 10 Sec. 189. Section 101C.4, subsections 1, 2, and 3, Code 11 2024, are amended to read as follows: 12 1. The council and its activities of the department under 13 this chapter shall be funded by an annual assessment. Upon 14 establishment of the council and each year thereafter the The 15 annual assessment shall be made at a rate of one-tenth of one 16 cent on each gallon of odorized propane sold. 17 2. The owner of odorized propane at the time of odorization 18 or at the time of import shall calculate the amount of the 19 assessment based on the volume of odorized propane sold for use 20 in this state. The assessment, when made, shall be listed as a 21 separate line item on the bill of sale for the odorized propane 22 and titled “Iowa propane education and research assessment”. 23 Assessments shall be collected by the owner from purchasers 24 of the odorized propane and shall be paid by the owner to the 25 council department on a monthly basis by the twenty-fifth day 26 of the month following the month the assessment was collected. 27 If payment is not made to the council department by the due 28 date as required by this subsection , an interest penalty of one 29 percent of any amount unpaid shall be imposed against the owner 30 for each month or fraction of a month after the due date, until 31 final payment is made. 32 3. Notwithstanding subsection 2 , the council department may 33 establish an alternative means of collecting such assessments 34 if the council department determines that another method would 35 -72- LSB 5023SV (3) 90 ss/ns 72/ 312
S.F. 2385 be more efficient or effective and may establish an alternative 1 late payment charge or interest penalty to be imposed on a 2 person who fails to timely pay any amount due under this 3 chapter to the council department . 4 Sec. 190. Section 101C.4, subsection 4, unnumbered 5 paragraph 1, Code 2024, is amended to read as follows: 6 Pending the disbursement of assessments collected, the 7 council department shall invest moneys collected through 8 assessments and any other moneys received by the council 9 department pursuant to this chapter in any of the following: 10 Sec. 191. Section 101C.5, Code 2024, is amended to read as 11 follows: 12 101C.5 Referendum for termination of council activities . 13 On the council’s department’s own initiative or on petition 14 to the council department by retail propane marketers 15 representing thirty-five percent of the volume of odorized 16 propane sold in this state, the council department shall, at 17 its own expense, arrange for a referendum to be conducted by 18 an independent auditing firm agreed upon by the retail propane 19 marketers, to determine whether the council activities of 20 the department under this chapter should be terminated or 21 suspended. Voting rights in the referendum shall be based 22 on the volume of odorized propane sold in this state by each 23 retail propane marketer during the previous calendar year. 24 Each retail propane marketer voting in the referendum shall 25 certify to the independent auditing firm the volume of odorized 26 propane sold by that person as represented by that person’s 27 vote. Upon the approval of those retail propane marketers 28 representing more than one-half of the total volume of odorized 29 propane sold in this state, the council activities of the 30 department under this chapter shall be terminated or suspended 31 and the general assembly shall consider the repeal of this 32 chapter during its next regular session. 33 Sec. 192. Section 101C.6, Code 2024, is amended to read as 34 follows: 35 -73- LSB 5023SV (3) 90 ss/ns 73/ 312
S.F. 2385 101C.6 Compliance. 1 The district court is vested with the jurisdiction 2 specifically to enforce this chapter and to prevent or restrain 3 any person from violating this chapter . A successful action 4 for compliance brought under this section may also require 5 payment by the defendant of the costs incurred by the council 6 department in bringing the action. 7 Sec. 193. Section 101C.7, Code 2024, is amended to read as 8 follows: 9 101C.7 Lobbying restrictions. 10 Moneys collected by the council department pursuant to 11 this chapter shall not be used in any manner for influencing 12 legislation or elections, except that the council department 13 may recommend changes in this chapter or other statutes that 14 would further the purposes of this chapter to the general 15 assembly. 16 Sec. 194. Section 101C.8, Code 2024, is amended to read as 17 follows: 18 101C.8 Pricing. 19 In all cases, the price of propane shall be determined by 20 market forces. Consistent with antitrust laws, the council 21 department shall not take any action regarding, and this 22 chapter shall not be interpreted as establishing, an agreement 23 to pass along to consumers the cost of the assessment provided 24 for in section 101C.4 . 25 Sec. 195. Section 101C.10, Code 2024, is amended to read as 26 follows: 27 101C.10 Bond. 28 Any person occupying a position of trust under any provision 29 of this chapter shall provide a bond in an amount required by 30 the council department . The costs of obtaining the bond shall 31 be paid out of council department funds. 32 Sec. 196. Section 101C.11, Code 2024, is amended to read as 33 follows: 34 101C.11 Report. 35 -74- LSB 5023SV (3) 90 ss/ns 74/ 312
S.F. 2385 The council department shall prepare and submit an annual 1 report to the fire marshal and the auditor of state summarizing 2 the activities of the council department conducted pursuant to 3 this chapter . The report shall show all income, expenses, and 4 other relevant information concerning assessments collected and 5 expended under this chapter . The report shall also include a 6 summary of energy efficiency programs as specified in section 7 101C.3, subsection 8 , if developed by the council department . 8 Sec. 197. Section 103.1, subsection 2, Code 2024, is amended 9 to read as follows: 10 2. “Board” means the electrical examining board of building 11 and construction occupations created under section 103.2 12 chapter 103A . 13 Sec. 198. Section 103A.3, subsection 1, Code 2024, is 14 amended to read as follows: 15 1. “Board of review” or “board” “Board” means the state 16 building code board of review building and construction 17 occupations created by this chapter . 18 Sec. 199. Section 103A.3, subsection 6, Code 2024, is 19 amended by striking the subsection. 20 Sec. 200. Section 103A.7, subsection 1, Code 2024, is 21 amended to read as follows: 22 1. The state building code commissioner with the approval 23 of the advisory council department is hereby empowered and 24 directed to formulate and adopt and from time to time amend 25 or revise and to promulgate, in conformity with and subject 26 to the conditions set forth in this chapter , reasonable rules 27 designed to establish minimum safeguards in the erection and 28 construction of buildings and structures, to protect the human 29 beings who live and work in them from fire and other hazards, 30 and to establish regulations to further protect the health, 31 safety, and welfare of the public. 32 Sec. 201. Section 103A.8A, Code 2024, is amended to read as 33 follows: 34 103A.8A Energy conservation requirements. 35 -75- LSB 5023SV (3) 90 ss/ns 75/ 312
S.F. 2385 The state building code commissioner shall adopt as a part of 1 the state building code a requirement that new single-family 2 or two-family residential construction shall comply with 3 energy conservation requirements. The requirements adopted by 4 the commissioner shall be based upon a nationally recognized 5 standard or code for energy conservation. The requirements 6 shall only apply to single-family or two-family residential 7 construction commenced after the adoption of the requirements. 8 Notwithstanding any other provision of this chapter to the 9 contrary, the energy conservation requirements adopted by the 10 commissioner and approved by the council department shall apply 11 to new single-family or two-family residential construction 12 commenced on or after July 1, 2008, and shall supersede and 13 replace any minimum requirements for energy conservation 14 adopted or enacted by a governmental subdivision prior to that 15 date applicable to such construction. The state building code 16 commissioner may provide training to builders, contractors, and 17 other interested persons on the adopted energy conservation 18 requirements. 19 Sec. 202. Section 103A.10, subsection 5, Code 2024, is 20 amended to read as follows: 21 5. Notwithstanding any other provision of this chapter to 22 the contrary, the energy conservation requirements adopted 23 by the commissioner and approved by the council department 24 shall apply to all new construction commenced on or after 25 July 1, 2008, and shall supersede and replace any minimum 26 requirements for energy conservation adopted or enacted by the 27 governmental subdivision prior to that date and applicable to 28 such construction. 29 Sec. 203. Section 103A.11, subsection 4, Code 2024, is 30 amended to read as follows: 31 4. The provisions of this section shall not apply to any 32 rule relating solely to the internal operations of the office 33 of the commissioner and council . 34 Sec. 204. Section 103A.15, unnumbered paragraph 1, Code 35 -76- LSB 5023SV (3) 90 ss/ns 76/ 312
S.F. 2385 2024, is amended to read as follows: 1 The commissioner shall establish a state building code board 2 of review board of building and construction occupations is 3 established . 4 Sec. 205. Section 103A.15, subsections 1 and 2, Code 2024, 5 are amended to read as follows: 6 1. The board shall be composed of three the following 7 members of the council. , appointed by the governor: 8 a. Two master electricians licensed pursuant to chapter 103, 9 one of whom shall be a member of a union and one of whom shall 10 not. 11 b. Two master plumbers licensed pursuant to chapter 105, one 12 of whom shall be a member of a union and one of whom shall not. 13 c. One master mechanical professional licensed pursuant to 14 chapter 105. 15 d. One electrical engineer. 16 e. One construction contractor registered pursuant to 17 chapter 91C. 18 2. Members of the board of review shall serve at the 19 pleasure of the commissioner for a term of three years . 20 Sec. 206. Section 103A.17, subsections 7 and 8, Code 2024, 21 are amended to read as follows: 22 7. The decision of the board of review may be appealed 23 to the advisory council department by any party by filing a 24 petition with the advisory council department at any time 25 prior to the effective date of such decision. The advisory 26 council department shall consider all questions of fact and 27 law involved and issue its decision pertaining to the same not 28 later than ten days after receipt of the appeal. 29 8. A record of all decisions of the board and advisory 30 council department shall be properly indexed and filed in the 31 office of the commissioner, and shall be public records as 32 defined in chapter 22 . 33 Sec. 207. Section 103A.18, unnumbered paragraph 1, Code 34 2024, is amended to read as follows: 35 -77- LSB 5023SV (3) 90 ss/ns 77/ 312
S.F. 2385 Judicial review of action of the commissioner, board of 1 review , or council department may be sought in accordance with 2 the terms of the Iowa administrative procedure Act, chapter 3 17A . Notwithstanding the terms of said Act: 4 Sec. 208. Section 103A.19, subsection 2, paragraph b, Code 5 2024, is amended to read as follows: 6 b. Require that the construction of any building or 7 structure shall be in accordance with the applicable provisions 8 of the state building code, subject, however, to the powers 9 granted to the board of review in section 103A.16 . 10 Sec. 209. Section 103A.19, subsection 2, paragraph d, 11 subparagraph (2), Code 2024, is amended to read as follows: 12 (2) Every certificate of occupancy or use shall, until set 13 aside or vacated by the board of review , director, or a court 14 of competent jurisdiction, be binding and conclusive upon all 15 state and local agencies, as to all matters set forth and no 16 order, direction, or requirement at variance therewith shall be 17 made or issued by any other state or local agency. 18 Sec. 210. Section 103A.22, subsection 1, Code 2024, is 19 amended to read as follows: 20 1. Nothing in this chapter shall be construed as prohibiting 21 any governmental subdivision from adopting or enacting any 22 building regulations relating to any building or structure 23 within its limits, but a governmental subdivision in which 24 the state building code has been accepted and is applicable 25 shall not have the power to supersede, void, or repeal or make 26 more restrictive any of the provisions of this chapter or of 27 the rules adopted by the commissioner. This subsection shall 28 not apply to energy conservation requirements adopted by the 29 commissioner and approved by the council department pursuant 30 to section 103A.8A or 103A.10 . 31 Sec. 211. Section 105.2, subsection 2, Code 2024, is amended 32 to read as follows: 33 2. “Board” means the plumbing and mechanical systems 34 board of building and construction occupations as established 35 -78- LSB 5023SV (3) 90 ss/ns 78/ 312
S.F. 2385 pursuant to section 105.3 chapter 103A . 1 Sec. 212. Section 123.8, subsection 1, Code 2024, is amended 2 to read as follows: 3 1. The commission, in addition to the duties specifically 4 enumerated in this chapter , shall act as a policy-making body 5 under this chapter and serve in an advisory capacity to the 6 director and department. 7 Sec. 213. Section 123.8, subsection 2, unnumbered paragraph 8 1, Code 2024, is amended to read as follows: 9 The commission may review and affirm, reverse, or amend all 10 provide advice and make recommendations regarding the actions 11 of the director under this chapter , including but not limited 12 to the following instances: 13 Sec. 214. Section 123.10, unnumbered paragraph 1, Code 14 2024, is amended to read as follows: 15 The director, with the approval advice of the commission and 16 subject to chapter 17A , may adopt rules as necessary to carry 17 out this chapter . The director’s authority under this chapter 18 extends to , but is not limited to , the following: 19 Sec. 215. Section 123.49, subsection 2, paragraph f, 20 subparagraph (4), Code 2024, is amended to read as follows: 21 (4) If a person employed under this paragraph reports an 22 incident of workplace harassment to the employer or if the 23 employer otherwise becomes aware of such an incident, the 24 employer shall report the incident to the employee’s parent, 25 guardian, or legal custodian and to the Iowa office of civil 26 rights commission , which shall determine if any action is 27 necessary or appropriate under chapter 216 . 28 Sec. 216. Section 124.551, subsection 1, Code 2024, is 29 amended to read as follows: 30 1. Contingent upon the receipt of funds pursuant to 31 section 124.557 sufficient to carry out the purposes of 32 this subchapter , the board, in conjunction with the advisory 33 council committee created in section 124.555 , shall establish 34 and maintain an information program for drug prescribing and 35 -79- LSB 5023SV (3) 90 ss/ns 79/ 312
S.F. 2385 dispensing. 1 Sec. 217. Section 124.553, subsection 1, paragraph b, Code 2 2024, is amended to read as follows: 3 b. An individual who requests the individual’s own program 4 information in accordance with the procedure established in 5 rules of the board and advisory council adopted under section 6 124.554 . 7 Sec. 218. Section 124.554, subsection 1, unnumbered 8 paragraph 1, Code 2024, is amended to read as follows: 9 The board and advisory council shall jointly adopt rules in 10 accordance with chapter 17A to carry out the purposes of, and 11 to enforce the provisions of, this subchapter . The rules shall 12 include but not be limited to the development of procedures 13 relating to: 14 Sec. 219. Section 124.554, subsection 1, paragraphs f, g, 15 and h, Code 2024, are amended to read as follows: 16 f. Use by the board or advisory council committee of the 17 program request records required by section 124.553, subsection 18 2 , to document and report statistical information. 19 g. Including all schedule II, schedule III, and schedule 20 IV controlled substances, schedule V controlled substances 21 including when dispensed by a pharmacist without a prescription 22 except for sales of pseudoephedrine that are reported to the 23 real-time electronic repository, opioid antagonists, and other 24 prescription substances that the advisory council committee and 25 board determine can be addictive or fatal if not taken under 26 the proper care and direction of a prescribing practitioner. 27 h. Access by a pharmacist or prescribing practitioner to 28 information in the program pursuant to a written agreement with 29 the board and advisory council . 30 Sec. 220. Section 124.554, subsection 2, unnumbered 31 paragraph 1, Code 2024, is amended to read as follows: 32 Beginning February 1, 2021, and annually by February 1 33 thereafter, the board and advisory council shall present to the 34 general assembly and the governor a report prepared consistent 35 -80- LSB 5023SV (3) 90 ss/ns 80/ 312
S.F. 2385 with section 124.555, subsection 3 , paragraph “d” , which shall 1 include but not be limited to the following: 2 Sec. 221. Section 124.554, subsection 2, paragraphs b and c, 3 Code 2024, are amended to read as follows: 4 b. Information from pharmacies, prescribing practitioners, 5 the board, the advisory council committee , and others regarding 6 the benefits or detriments of the program. 7 c. Information from pharmacies, prescribing practitioners, 8 the board, the advisory council committee , and others regarding 9 the board’s effectiveness in providing information from the 10 program. 11 Sec. 222. Section 124.554, subsection 3, paragraph a, 12 subparagraph (6), Code 2024, is amended to read as follows: 13 (6) Other pertinent information identified by the board and 14 advisory council by rule. 15 Sec. 223. Section 124.555, unnumbered paragraph 1, Code 16 2024, is amended to read as follows: 17 An advisory council committee shall be established to 18 provide oversight to assist the board and in the management of 19 the program and to comanage program activities. 20 Sec. 224. Section 124.555, subsections 1 and 2, Code 2024, 21 are amended to read as follows: 22 1. The council committee shall consist of five members 23 appointed by the board. The members shall include at least 24 one licensed pharmacist prescribing practitioner licensed 25 by the board , one physician licensed under chapter 148 , one 26 prescribing practitioner licensed by the board of nursing , and 27 one licensed prescribing practitioner who is not a physician, 28 and other members as determined by the board prescribing 29 practitioner licensed by the board of behavioral health 30 professionals . The board shall adopt rules in accordance with 31 chapter 17A on matters pertaining to the council committee 32 membership, including the terms of appointment and quorum. 33 The board shall solicit recommendations for council committee 34 members from Iowa health professional licensing boards, 35 -81- LSB 5023SV (3) 90 ss/ns 81/ 312
S.F. 2385 associations, and societies the board of medicine, board of 1 nursing, and board of behavioral health professionals . The 2 license of each member appointed to and serving on the advisory 3 council committee shall be current and in good standing with 4 the professional’s licensing board. 5 2. The council committee shall advance the goals of the 6 program, which include identification of misuse and diversion 7 of controlled substances identified pursuant to section 8 124.554, subsection 1 , paragraph “g” , and enhancement of the 9 quality of health care delivery in this state. 10 Sec. 225. Section 124.555, subsection 3, unnumbered 11 paragraph 1, Code 2024, is amended to read as follows: 12 Duties of the council committee shall include but not be 13 limited to the following: 14 Sec. 226. Section 124.555, subsection 3, paragraph d, Code 15 2024, is amended to read as follows: 16 d. Making recommendations regarding the continued benefits 17 of maintaining the program in relationship to cost and other 18 burdens to the patient, prescribing practitioner, pharmacist, 19 and the board. The council’s committee’s recommendations shall 20 be included in reports required by section 124.554, subsection 21 2 . 22 Sec. 227. Section 124.555, subsection 4, Code 2024, is 23 amended to read as follows: 24 4. Members of the advisory council committee shall 25 be eligible to request and receive actual expenses for 26 their duties as members of the advisory council committee , 27 subject to reimbursement limits imposed by the department of 28 administrative services, and shall also be eligible to receive 29 a per diem compensation as provided in section 7E.6, subsection 30 1 . 31 Sec. 228. Section 124.556, Code 2024, is amended to read as 32 follows: 33 124.556 Education and treatment. 34 The program shall include education initiatives and outreach 35 -82- LSB 5023SV (3) 90 ss/ns 82/ 312
S.F. 2385 to consumers, prescribing practitioners, and pharmacists, and 1 shall also include assistance for identifying substance use 2 disorder treatment programs and providers. The program shall 3 also include educational updates and information on general 4 patient risk factors for prescribing practitioners. The board 5 and advisory council shall adopt rules, as provided under 6 section 124.554 , to implement this section . 7 Sec. 229. Section 135.11, subsection 22, Code 2024, is 8 amended to read as follows: 9 22. In consultation with the advisory committee for 10 perinatal guidelines, develop Develop and maintain the 11 statewide perinatal program based on the recommendations of 12 the American academy of pediatrics and the American college 13 of obstetricians and gynecologists contained in the most 14 recent edition of the guidelines for perinatal care, and 15 adopt rules in accordance with chapter 17A to implement those 16 recommendations. Hospitals within the state shall determine 17 whether to participate in the statewide perinatal program, 18 and select the hospital’s level of participation in the 19 program. A hospital having determined to participate in the 20 program shall comply with the guidelines appropriate to the 21 level of participation selected by the hospital. Perinatal 22 program surveys and reports are privileged and confidential 23 and are not subject to discovery, subpoena, or other means 24 of legal compulsion for their release to a person other than 25 the affected hospital, and are not admissible in evidence in a 26 judicial or administrative proceeding other than a proceeding 27 involving verification of the participating hospital under this 28 subsection . 29 Sec. 230. Section 135.24, subsection 2, paragraph a, Code 30 2024, is amended to read as follows: 31 a. Procedures for registration of health care providers 32 deemed qualified by the board of medicine, the board of 33 physician assistants, the dental board, the board of nursing, 34 the board of chiropractic, the board of psychology, the 35 -83- LSB 5023SV (3) 90 ss/ns 83/ 312
S.F. 2385 board of social work, the board of behavioral science health 1 professionals , the board of pharmacy, the board of optometry, 2 the board of podiatry, the board of physical and occupational 3 therapy, the board of respiratory care and polysomnography, 4 and the department of inspections, appeals, and licensing, as 5 applicable. 6 Sec. 231. Section 135.43, subsections 1 and 2, Code 2024, 7 are amended to read as follows: 8 1. An Iowa child death A state mortality review team 9 committee is established in the department. The department 10 shall provide staffing and administrative support to the team 11 committee . 12 2. The membership of the review team committee is subject 13 to the provisions of sections 69.16 and 69.16A , relating 14 to political affiliation and gender balance. Review team 15 committee members who are not designated by another appointing 16 authority shall be appointed by the director. Membership terms 17 shall be for three years. A membership vacancy shall be filled 18 in the same manner as the original appointment. The review 19 team committee shall elect a chairperson and other officers 20 as deemed necessary by the review team committee . The review 21 team committee shall meet upon the call of the director or 22 as determined by the review team committee . The review team 23 committee shall include the following: 24 a. The state medical examiner or the state medical 25 examiner’s designee. 26 b. A certified or licensed professional who is knowledgeable 27 concerning sudden infant death syndrome. 28 c. A pediatrician who is knowledgeable concerning deaths of 29 children. 30 d. A family practice physician who is knowledgeable 31 concerning deaths of children. 32 e. One mental health professional who is knowledgeable 33 concerning deaths of children. 34 f. One social worker who is knowledgeable concerning deaths 35 -84- LSB 5023SV (3) 90 ss/ns 84/ 312
S.F. 2385 of children. 1 g. A certified or licensed professional who is knowledgeable 2 concerning domestic violence. 3 h. A professional who is knowledgeable concerning substance 4 use disorder. 5 i. A local law enforcement official. 6 j. A county attorney. 7 k. An emergency room nurse who is knowledgeable concerning 8 the deaths of children. 9 l. A perinatal expert. 10 m. A representative of the health insurance industry. 11 n. One other member who is appointed at large. 12 b. A licensed physician knowledgeable concerning the causes 13 of death. 14 c. A certified or licensed professional knowledgeable 15 regarding substance use disorder. 16 d. An attorney experienced in prosecuting domestic abuse 17 cases. 18 e. An expert in unexpected or unexplained infant deaths. 19 f. A clerk of a district court, to be appointed by the chief 20 justice of the supreme court. 21 g. A judicial officer, to be appointed by the chief justice 22 of the supreme court. 23 h. A local law enforcement official. 24 i. A social worker knowledgeable about deaths of children. 25 j. Additional members as determined by the director. 26 Sec. 232. Section 135.43, subsection 3, unnumbered 27 paragraph 1, Code 2024, is amended to read as follows: 28 The review team committee shall perform the following 29 duties: 30 Sec. 233. Section 135.43, subsection 3, paragraphs a, c, e, 31 f, and g, Code 2024, are amended to read as follows: 32 a. Collect, review, and analyze child death certificates and 33 child death data, including patient records or other pertinent 34 confidential information concerning the deaths of children 35 -85- LSB 5023SV (3) 90 ss/ns 85/ 312
S.F. 2385 under age eighteen, and other information as the review team 1 committee deems appropriate for use in preparing an annual 2 report to the governor and the general assembly concerning the 3 causes and manner of child deaths. The report shall include 4 analysis of factual information obtained through review and 5 recommendations regarding prevention of child deaths. 6 c. Recommend to the agencies represented on the review team 7 committee changes which may prevent child deaths. 8 e. Recommend to the department, appropriate law enforcement 9 agencies, and any other person involved with child protection, 10 interventions that may prevent harm to a child who is related 11 to or is living in the same home as a child whose case is 12 reviewed by the team committee . 13 f. If the sharing of information is necessary to assist in 14 or initiate a child death investigation or criminal prosecution 15 and the office or agency receiving the information does not 16 otherwise have access to the information, share information 17 possessed by the review team committee with the office of the 18 attorney general, a county attorney’s office, or an appropriate 19 law enforcement agency. The office or agency receiving 20 the information shall maintain the confidentiality of the 21 information in accordance with this section . Unauthorized 22 release or disclosure of the information received is subject to 23 penalty as provided in this section . 24 g. In order to assist the department in performing the 25 department’s duties, if the department does not otherwise have 26 access to the information, share information possessed by the 27 review team committee . The recipient of the information shall 28 maintain the confidentiality of the information in accordance 29 with this section . Unauthorized release or disclosure of the 30 information received is subject to penalty as provided in this 31 section . 32 Sec. 234. Section 135.43, subsection 4, unnumbered 33 paragraph 1, Code 2024, is amended to read as follows: 34 The department shall develop protocols for a child fatality 35 -86- LSB 5023SV (3) 90 ss/ns 86/ 312
S.F. 2385 review committee, to be appointed by the director on an ad hoc 1 basis, the state mortality review committee to immediately 2 review the child abuse assessments which involve the fatality 3 of a child under age eighteen. The director shall appoint a 4 medical examiner, a pediatrician, and a person involved with 5 law enforcement to the committee. 6 Sec. 235. Section 135.43, subsection 4, paragraph a, Code 7 2024, is amended to read as follows: 8 a. The purpose of the review shall be to determine whether 9 the department and others involved with the case of child abuse 10 responded appropriately. The protocols shall provide for 11 the committee to consult with any multidisciplinary team, as 12 defined in section 235A.13 , that is operating in the area in 13 which the fatality occurred. The protocols shall also ensure 14 that a member of the child fatality review committee does not 15 have a conflict of interest regarding the child fatality under 16 review. 17 Sec. 236. Section 135.43, subsection 5, paragraph a, 18 unnumbered paragraph 1, Code 2024, is amended to read as 19 follows: 20 The following individuals shall designate a liaison 21 to assist the review team committee in fulfilling its 22 responsibilities: 23 Sec. 237. Section 135.43, subsection 5, paragraph b, Code 24 2024, is amended to read as follows: 25 b. In addition, the department shall designate a liaison 26 from the public at large to assist the review team committee in 27 fulfilling its responsibilities. 28 Sec. 238. Section 135.43, subsections 6, 7, and 8, Code 29 2024, are amended to read as follows: 30 6. The review team committee may establish subcommittees to 31 which the team committee may delegate some or all of the team’s 32 committee’s responsibilities under subsection 3 . 33 7. a. The department shall adopt rules providing for 34 disclosure of information which is confidential under chapter 35 -87- LSB 5023SV (3) 90 ss/ns 87/ 312
S.F. 2385 22 or any other provision of state law, to the review team 1 committee for purposes of performing its child death and child 2 abuse review responsibilities. 3 b. A person in possession or control of medical, 4 investigative, assessment, or other information pertaining to a 5 child death and child abuse review shall allow the inspection 6 and reproduction of the information by the department 7 upon the request of the department, to be used only in the 8 administration and for the duties of the Iowa child death 9 state mortality review team committee . Except as provided 10 for a report on a child fatality by an ad hoc child fatality 11 review the committee under subsection 4 , information and 12 records produced under this section which are confidential 13 under section 22.7 and chapter 235A , and information or records 14 received from the confidential records, remain confidential 15 under this section . A person does not incur legal liability by 16 reason of releasing information to the department as required 17 under and in compliance with this section . 18 8. Review team committee members and their agents are immune 19 from any liability, civil or criminal, which might otherwise 20 be incurred or imposed as a result of any act, omission, 21 proceeding, decision, or determination undertaken or performed, 22 or recommendation made as a review team committee member or 23 agent provided that the review team committee members or agents 24 acted in good faith and without malice in carrying out their 25 official duties in their official capacity. The department 26 shall adopt rules pursuant to chapter 17A to administer 27 this subsection . A complainant bears the burden of proof in 28 establishing malice or lack of good faith in an action brought 29 against review team committee members involving the performance 30 of their duties and powers under this section . 31 Sec. 239. Section 135.108, Code 2024, is amended by adding 32 the following new subsection: 33 NEW SUBSECTION . 01. “Committee” or “review committee” means 34 the state mortality review committee established in section 35 -88- LSB 5023SV (3) 90 ss/ns 88/ 312
S.F. 2385 135.43. 1 Sec. 240. Section 135.108, subsection 4, Code 2024, is 2 amended by striking the subsection. 3 Sec. 241. Section 135.110, subsection 1, unnumbered 4 paragraph 1, Code 2024, is amended to read as follows: 5 The review team committee shall perform the following 6 duties: 7 Sec. 242. Section 135.110, subsection 1, paragraphs b and c, 8 Code 2024, are amended to read as follows: 9 b. Advise and consult the agencies represented on the team 10 and other state agencies regarding program and regulatory 11 changes that may prevent domestic abuse deaths. 12 c. Develop protocols for domestic abuse death investigations 13 and team committee review. 14 Sec. 243. Section 135.110, subsections 2, 3, 4, 5, and 6, 15 Code 2024, are amended to read as follows: 16 2. In performing duties pursuant to subsection 1 , the 17 review team committee shall review the relationship between the 18 decedent victim and the alleged or convicted perpetrator from 19 the point where the abuse allegedly began, until the domestic 20 abuse death occurred, and shall review all relevant documents 21 pertaining to the relationship between the parties, including 22 but not limited to protective orders and dissolution, custody, 23 and support agreements and related court records, in order to 24 ascertain whether a correlation exists between certain events 25 in the relationship and any escalation of abuse, and whether 26 patterns can be established regarding such events in relation 27 to domestic abuse deaths in general. The review team committee 28 shall consider such conclusions in making recommendations 29 pursuant to subsection 1 . 30 3. The team committee shall meet upon the call of the 31 chairperson, upon the request of a state agency, or as 32 determined by a majority of the team committee . 33 4. The team committee shall annually elect a chairperson and 34 other officers as deemed necessary by the team committee . 35 -89- LSB 5023SV (3) 90 ss/ns 89/ 312
S.F. 2385 5. The team committee may establish committees 1 subcommittees or panels to whom the team committee may assign 2 some or all of the team’s committee’s responsibilities. 3 6. Members of the team committee who are currently 4 practicing attorneys or current employees of the judicial 5 branch of state government shall not participate in the 6 following: 7 a. An investigation by the team committee that involves a 8 case in which the team committee member is presently involved 9 in the member’s professional capacity. 10 b. Development of protocols by the team committee for 11 domestic abuse death investigations and team committee review. 12 c. Development of regulatory changes related to domestic 13 abuse deaths. 14 Sec. 244. Section 135.111, subsection 1, Code 2024, is 15 amended to read as follows: 16 1. A person in possession or control of medical, 17 investigative, or other information pertaining to a domestic 18 abuse death and related incidents and events preceding the 19 domestic abuse death, shall allow for the inspection and review 20 of written or photographic information related to the death, 21 whether the information is confidential or public in nature, by 22 the department upon the request of the department and the team 23 committee , to be used only in the administration and for the 24 official duties of the team committee . Information and records 25 produced under this section that are confidential under the law 26 of this state or under federal law, or because of any legally 27 recognized privilege, and information or records received 28 from the confidential records, remain confidential under this 29 section . 30 Sec. 245. Section 135.112, Code 2024, is amended to read as 31 follows: 32 135.112 Rulemaking. 33 The department shall adopt rules pursuant to chapter 17A 34 relating to the administration of the domestic abuse death 35 -90- LSB 5023SV (3) 90 ss/ns 90/ 312
S.F. 2385 review team committee and sections 135.108 through 135.111 . 1 Sec. 246. Section 147.1, subsection 6, Code 2024, is amended 2 to read as follows: 3 6. “Profession” means medicine and surgery, podiatry, 4 osteopathic medicine and surgery, genetic counseling, practice 5 as a physician assistant, psychology, chiropractic, nursing, 6 dentistry, dental hygiene, dental assisting, optometry, speech 7 pathology, audiology, pharmacy, physical therapy, physical 8 therapist assisting, occupational therapy, occupational therapy 9 assisting, respiratory care, cosmetology arts and sciences, 10 barbering, mortuary science, applied behavior analysis, marital 11 and family therapy, mental health counseling, midwifery, 12 polysomnography, social work, dietetics, massage therapy, 13 athletic training, acupuncture, nursing home administration, 14 practice as a hearing aid specialist, sign language 15 interpreting or transliterating, orthotics, prosthetics, or 16 pedorthics. 17 Sec. 247. Section 147.2, subsection 1, Code 2024, is amended 18 to read as follows: 19 1. A person shall not engage in the practice of medicine 20 and surgery, podiatry, osteopathic medicine and surgery, 21 genetic counseling, psychology, chiropractic, physical 22 therapy, physical therapist assisting, nursing, dentistry, 23 dental hygiene, dental assisting, optometry, speech pathology, 24 audiology, occupational therapy, occupational therapy 25 assisting, orthotics, prosthetics, pedorthics, respiratory 26 care, pharmacy, cosmetology arts and sciences, barbering, 27 social work, dietetics, applied behavior analysis, marital 28 and family therapy or mental health counseling, massage 29 therapy, mortuary science, polysomnography, athletic training, 30 acupuncture, nursing home administration, or sign language 31 interpreting or transliterating, or shall not practice as a 32 physician assistant or a hearing aid specialist, unless the 33 person has obtained a license for that purpose from the board 34 for the profession. 35 -91- LSB 5023SV (3) 90 ss/ns 91/ 312
S.F. 2385 Sec. 248. Section 147.13, subsection 3, Code 2024, is 1 amended to read as follows: 2 3. For psychology, social work, applied behavior analysis, 3 marital and family therapy, and mental health counseling, the 4 board of psychology behavioral health professionals . 5 Sec. 249. Section 147.13, subsections 14, 15, 16, and 21, 6 Code 2024, are amended by striking the subsections. 7 Sec. 250. Section 147.14, subsection 1, paragraphs a, b, c, 8 d, e, f, n, and s, Code 2024, are amended to read as follows: 9 a. For medicine, five three members licensed to practice 10 medicine and surgery, two members one member licensed to 11 practice osteopathic medicine and surgery, and three members 12 not licensed to practice either medicine and surgery or 13 osteopathic medicine and surgery, and who shall represent the 14 general public. 15 b. For nursing, four three registered nurses, two one of 16 whom shall be actively engaged in practice, two one of whom 17 shall be a nurse educators educator from a nursing education 18 programs; of these, one in higher education and one in area 19 community and vocational-technical registered nurse education 20 program ; one licensed practical nurse actively engaged in 21 practice; and two members one member who is not a registered 22 nurses nurse or licensed practical nurses nurse and who 23 shall represent the general public. The representatives 24 representative of the general public shall not be members a 25 member of a health care delivery systems system . 26 c. For dentistry, five four members licensed to practice 27 dentistry, two members licensed to practice dental hygiene, and 28 two members one member not licensed to practice dentistry or 29 dental hygiene and who shall represent the general public. The 30 two dental hygienist board members and one dentist board member 31 shall constitute a dental hygiene committee of the board as 32 provided in section 153.33A . 33 d. For pharmacy, five four members licensed to practice 34 pharmacy, one member registered as a certified pharmacy 35 -92- LSB 5023SV (3) 90 ss/ns 92/ 312
S.F. 2385 technician as defined by the board by rule, and two members 1 one member who are is not licensed to practice pharmacy or 2 registered as a certified pharmacy technician and who shall 3 represent the general public. 4 e. For optometry, five four members licensed to practice 5 optometry and two members one member who are is not licensed to 6 practice optometry and who shall represent the general public. 7 f. For psychology behavioral health professionals , five two 8 members who are licensed to practice psychology , two members 9 who are licensed to practice social work as a master social 10 worker or independent social worker, one member licensed to 11 practice marital and family therapy, one member licensed to 12 practice mental health counseling, and two members one member 13 not licensed to practice psychology , social work, marital and 14 family therapy, or mental health counseling and who shall 15 represent the general public. Of the five members who are 16 licensed to practice psychology, one member shall be primarily 17 engaged in graduate teaching in psychology or primarily engaged 18 in research psychology, three members shall be persons who 19 render services in psychology, and one member shall represent 20 areas of applied psychology and may be affiliated with training 21 institutions and shall devote a major part of the member’s time 22 to rendering service in psychology. 23 n. For mortuary science, four three members licensed to 24 practice mortuary science, one member owning, operating, 25 or employed by a crematory, and two members one member not 26 licensed to practice mortuary science and not a crematory 27 owner, operator, or employee who shall represent the general 28 public. 29 s. For sign language interpreting and transliterating, 30 four three members licensed to practice interpreting and 31 transliterating, three two of whom shall be practicing 32 interpreters and transliterators at the time of appointment 33 to the board and at least one of whom is employed in an 34 educational setting; and three two members who are consumers of 35 -93- LSB 5023SV (3) 90 ss/ns 93/ 312
S.F. 2385 interpreting or transliterating services as defined in section 1 154E.1 , each of whom shall be deaf or hard of hearing. 2 Sec. 251. Section 147.14, subsection 1, paragraphs j, l, r, 3 and t, Code 2024, are amended by striking the paragraphs. 4 Sec. 252. Section 147.107, subsection 2, paragraph a, Code 5 2024, is amended to read as follows: 6 a. A prescriber who dispenses prescription drugs, including 7 but not limited to controlled substances, for human use, may 8 delegate nonjudgmental dispensing functions to staff assistants 9 only when verification of the accuracy and completeness 10 of the dispensing is determined by the practitioner in the 11 practitioner’s physical presence. However, the physical 12 presence requirement does not apply when a practitioner is 13 utilizing an automated dispensing system. When using an 14 automated dispensing system, the practitioner shall utilize an 15 internal quality control assurance plan that ensures accuracy 16 for dispensing. Verification of automated dispensing accuracy 17 and completeness remains the responsibility of the practitioner 18 and shall be determined in accordance with rules adopted by the 19 board of medicine, the dental board, the board of podiatry, and 20 the board of psychology behavioral health professionals for 21 their respective licensees. 22 Sec. 253. Section 147.161, subsection 1, paragraph b, 23 subparagraph (2), Code 2024, is amended to read as follows: 24 (2) Licensed master social workers with a current and 25 active supervision plan on file with the board of social work 26 behavioral health professionals . 27 Sec. 254. Section 148.2A, subsection 2, unnumbered 28 paragraph 1, Code 2024, is amended to read as follows: 29 Notwithstanding sections 17A.11 , 69.16 , 69.16A , 147.12 , 30 147.14 , and 147.19 , the board may have a pool of up to ten three 31 alternate members, including members licensed to practice under 32 this chapter and members not licensed to practice under this 33 chapter , to substitute for board members who are disqualified 34 or become unavailable for any other reason for contested case 35 -94- LSB 5023SV (3) 90 ss/ns 94/ 312
S.F. 2385 hearings. 1 Sec. 255. Section 148.2A, subsection 2, paragraph a, Code 2 2024, is amended to read as follows: 3 a. The board may recommend, subject to approval by 4 the governor, up to ten three people to serve in a pool of 5 alternate members. 6 Sec. 256. Section 148.13A, unnumbered paragraph 1, Code 7 2024, is amended to read as follows: 8 The board of medicine shall, in consultation with the board 9 of psychology behavioral health professionals , establish by 10 rule all of the following: 11 Sec. 257. Section 148.13B, subsection 1, unnumbered 12 paragraph 1, Code 2024, is amended to read as follows: 13 The board of medicine and the board of psychology behavioral 14 health professionals shall adopt joint rules in regard to the 15 following: 16 Sec. 258. Section 148.13B, subsection 3, Code 2024, is 17 amended to read as follows: 18 3. The joint rules, and any amendments thereto, adopted by 19 the board of medicine and the board of psychology behavioral 20 health professionals pursuant to this section and section 21 154B.14 shall only be adopted by agreement of both boards 22 through a joint rule-making process. 23 Sec. 259. Section 152A.1, subsection 1, Code 2024, is 24 amended by striking the subsection and inserting in lieu 25 thereof the following: 26 1. “Department” means the department of inspections, 27 appeals, and licensing. 28 Sec. 260. Section 152A.1, subsection 2, Code 2024, is 29 amended to read as follows: 30 2. “Licensed dietitian” or “dietitian” “Dietitian” means 31 a person who holds a valid license registered to practice 32 dietetics pursuant to this chapter . 33 Sec. 261. Section 152A.2, Code 2024, is amended to read as 34 follows: 35 -95- LSB 5023SV (3) 90 ss/ns 95/ 312
S.F. 2385 152A.2 License Registration requirements. 1 1. An applicant shall be issued a license to practice 2 dietetics registered as a dietitian by the board department 3 when the applicant satisfies all of the following: 4 a. Possesses a baccalaureate degree or postbaccalaureate 5 degree with a major course of study in human nutrition, food 6 and nutrition, dietetics, or food systems management, or in an 7 equivalent major course of study which meets minimum academic 8 requirements as established by the accreditation council 9 for education in nutrition and dietetics of the academy of 10 nutrition and dietetics and approved by the board. 11 b. Completes an accredited competency-based supervised 12 experience program approved by the accreditation council 13 for education in nutrition and dietetics of the academy of 14 nutrition and dietetics and approved by the board. 15 c. Satisfactorily completes the commission on dietetic 16 registration of the academy of nutrition and dietetics 17 examination approved by the board. 18 2. Renewal of a license granted under this chapter shall 19 not be approved unless the applicant has satisfactorily 20 completed the continuing education requirements for the license 21 as prescribed by the board presents proof that the applicant 22 holds a valid credential issued by the academy of nutrition and 23 dietetics . 24 Sec. 262. Section 154A.1, subsection 1, Code 2024, is 25 amended by striking the subsection. 26 Sec. 263. Section 154A.1, subsection 6, Code 2024, is 27 amended to read as follows: 28 6. “Hearing aid specialist” means any person engaged in the 29 fitting, dispensing, and sale of hearing aids and providing 30 hearing aid services or maintenance, by means of procedures 31 stipulated by this chapter or the board department . 32 Sec. 264. Section 154A.10, subsection 3, Code 2024, is 33 amended to read as follows: 34 3. Pays the necessary fees set by the board department . 35 -96- LSB 5023SV (3) 90 ss/ns 96/ 312
S.F. 2385 Sec. 265. Section 154A.12, subsection 2, Code 2024, is 1 amended to read as follows: 2 2. The board department shall not require the applicant to 3 possess the degree of professional competence normally expected 4 of physicians. 5 Sec. 266. Section 154A.13, Code 2024, is amended to read as 6 follows: 7 154A.13 Temporary permit. 8 A person who has not been licensed as a hearing aid 9 specialist may obtain a temporary permit from the department 10 upon completion of the application accompanied by the written 11 verification of employment from a licensed hearing aid 12 specialist. The department shall issue a temporary permit for 13 one year which shall not be renewed or reissued. The fee for 14 issuance of the temporary permit shall be set by the board 15 department in accordance with the provisions for establishment 16 of fees by boards in section 147.80 . The temporary permit 17 entitles an applicant to engage in the fitting or selection and 18 sale of hearing aids under the supervision of a person holding 19 a valid license. 20 Sec. 267. Section 154A.19, subsection 1, Code 2024, is 21 amended to read as follows: 22 1. This chapter shall not prohibit a corporation, 23 partnership, trust, association, or other organization 24 maintaining an established business address from engaging in 25 the business of selling or offering for sale hearing aids at 26 retail without a license if it employs only licensed hearing 27 aid specialists in the direct fitting or selection and sale 28 of hearing aids. Such an organization shall file annually 29 with the board department a list of all licensed hearing aid 30 specialists and persons holding temporary permits directly 31 or indirectly employed by it. Such an organization shall 32 also file with the board department a statement on a form 33 approved by the board department that the organization submits 34 itself to the rules and regulations of the board department 35 -97- LSB 5023SV (3) 90 ss/ns 97/ 312
S.F. 2385 and the provisions of this chapter which the department deems 1 applicable. 2 Sec. 268. Section 154A.19, Code 2024, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 4. This chapter shall not apply to a person 5 who engages in practices covered by this chapter if the person 6 is licensed as an audiologist pursuant to chapter 154F. 7 Sec. 269. Section 154A.23, Code 2024, is amended to read as 8 follows: 9 154A.23 Disciplinary orders —— attorney general. 10 The board department shall forward a copy of all final 11 disciplinary orders, with associated complaints, to the 12 attorney general for consideration for prosecution or 13 enforcement when warranted. The attorney general and all 14 county attorneys shall assist the board and the department in 15 the enforcement of the provisions of this chapter . 16 Sec. 270. Section 154A.24, unnumbered paragraph 1, Code 17 2024, is amended to read as follows: 18 The board department may revoke or suspend a license or 19 temporary permit permanently or for a fixed period for any of 20 the following causes: 21 Sec. 271. Section 154A.24, subsection 2, paragraphs e and s, 22 Code 2024, are amended to read as follows: 23 e. Representing that the service or advice of a person 24 licensed to practice medicine, or one who is certificated as 25 a clinical audiologist by the board of speech pathology and 26 audiology or its equivalent, will be used or made available in 27 the fitting or selection, adjustment, maintenance, or repair 28 of hearing aids when that is not true, or using the words 29 “doctor”, “clinic”, “clinical audiologist”, “state approved”, 30 or similar words, abbreviations, or symbols which tend to 31 connote the medical or other professions, except where the 32 title “certified hearing aid audiologist” has been granted 33 by the national hearing aid society, or that the hearing aid 34 specialist has been recommended by this state or the board 35 -98- LSB 5023SV (3) 90 ss/ns 98/ 312
S.F. 2385 department when such is not accurate. 1 s. Such other acts or omissions as the board department may 2 determine to be unethical conduct. 3 Sec. 272. Section 154B.1, subsections 1 and 5, Code 2024, 4 are amended to read as follows: 5 1. “Board” means the board of psychology behavioral health 6 professionals created under chapter 147 . 7 5. “Physician” means a person licensed to practice medicine 8 and surgery or osteopathic medicine and surgery in this state 9 in family medicine, internal medicine, pediatrics, psychiatry, 10 or another specialty who prescribes medications for the 11 treatment of a mental disorder to patients in the normal course 12 of the person’s clinical medical practice pursuant to joint 13 rules adopted by the board of psychology behavioral health 14 professionals and the board of medicine. 15 Sec. 273. Section 154B.9, subsection 3, Code 2024, is 16 amended to read as follows: 17 3. A prescribing psychologist may prescribe psychotropic 18 medication pursuant to joint rules adopted by the board of 19 psychology behavioral health professionals and the board of 20 medicine and the provisions of this chapter . 21 Sec. 274. Section 154B.10, subsection 1, paragraphs b, c, d, 22 e, and g, Code 2024, are amended to read as follows: 23 b. Completed pharmacological training from an institution 24 approved by the board of psychology behavioral health 25 professionals and the board of medicine or from a provider 26 of continuing education approved by the board of psychology 27 behavioral health professionals and the board of medicine 28 pursuant to joint rules adopted by both boards. 29 c. Passed a national certification examination approved by 30 the board of psychology behavioral health professionals and 31 the board of medicine that tested the applicant’s knowledge of 32 pharmacology in the diagnosis, care, and treatment of mental 33 disorders. 34 d. Successfully completed a postdoctoral master of science 35 -99- LSB 5023SV (3) 90 ss/ns 99/ 312
S.F. 2385 degree in clinical psychopharmacology approved by the board of 1 psychology behavioral health professionals and the board of 2 medicine pursuant to joint rules adopted by both boards. The 3 program shall at a minimum include coursework in neuroscience, 4 pharmacology, psychopharmacology, physiology, and appropriate 5 and relevant physical and laboratory assessments. 6 e. Has been certified by the applicant’s supervising 7 physician as having successfully completed a supervised 8 and relevant clinical experience in clinical assessment and 9 pathophysiology and an additional supervised practicum treating 10 patients with mental disorders. The practica shall have been 11 supervised by a trained physician. The board of psychology 12 behavioral health professionals and the board of medicine, 13 pursuant to joint rules adopted by the boards, shall determine 14 sufficient practica to competently train the applicant in the 15 treatment of a diverse patient population. 16 g. Meets all other requirements, as determined by joint 17 rules adopted by the board of psychology behavioral health 18 professionals and the board of medicine, for obtaining a 19 conditional prescription certificate. 20 Sec. 275. Section 154B.10, subsection 3, paragraph d, Code 21 2024, is amended to read as follows: 22 d. Any other rules adopted jointly by the board of 23 psychology behavioral health professionals and the board of 24 medicine. 25 Sec. 276. Section 154B.11, subsection 1, paragraph d, Code 26 2024, is amended to read as follows: 27 d. Meets all other requirements, as determined by rules 28 adopted by the board, for obtaining a prescription certificate, 29 including joint rules adopted by the board of psychology 30 behavioral health professionals and the board of medicine. 31 Sec. 277. Section 154B.11, subsection 2, paragraph d, Code 32 2024, is amended to read as follows: 33 d. Any other rules adopted jointly by the board of 34 psychology behavioral health professionals and the board of 35 -100- LSB 5023SV (3) 90 ss/ns 100/ 312
S.F. 2385 medicine. 1 Sec. 278. Section 154B.12, subsection 1, Code 2024, is 2 amended to read as follows: 3 1. A prescribing psychologist or a psychologist with 4 a conditional prescription certificate may administer and 5 prescribe psychotropic medication within the scope of the 6 psychologist’s profession, including the ordering and review 7 of laboratory tests in conjunction with the prescription, for 8 the treatment of mental disorders. Such prescribing practices 9 shall be governed by joint rules adopted by the board of 10 psychology behavioral health professionals and the board of 11 medicine. 12 Sec. 279. Section 154B.14, subsection 1, unnumbered 13 paragraph 1, Code 2024, is amended to read as follows: 14 The board of psychology behavioral health professionals and 15 the board of medicine shall adopt joint rules in regard to the 16 following: 17 Sec. 280. Section 154B.14, subsections 2 and 3, Code 2024, 18 are amended to read as follows: 19 2. The board of psychology behavioral health professionals 20 shall consult with the university of Iowa Carver college of 21 medicine and clinical and counseling psychology doctoral 22 programs at regents institutions in the development of the 23 rules pertaining to education and training requirements in 24 sections 154B.10 and 154B.11 . 25 3. The joint rules, and any amendments thereto, adopted by 26 the board of psychology behavioral health professionals and the 27 board of medicine pursuant to this section and section 148.13B 28 shall only be adopted by agreement of both boards through a 29 joint rule-making process. 30 Sec. 281. Section 154C.1, subsection 1, Code 2024, is 31 amended to read as follows: 32 1. “Board” means the board of social work behavioral health 33 professionals established in chapter 147 . 34 Sec. 282. Section 154D.1, subsection 1, Code 2024, is 35 -101- LSB 5023SV (3) 90 ss/ns 101/ 312
S.F. 2385 amended to read as follows: 1 1. “Board” means the board of behavioral science behavioral 2 health professionals established in chapter 147 . 3 Sec. 283. Section 161A.3, Code 2024, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 12A. “Secretary” means the secretary of 6 agriculture. 7 Sec. 284. Section 161A.4, subsection 1, Code 2024, is 8 amended to read as follows: 9 1. The division of soil conservation and water quality 10 created within the department pursuant to section 159.5 11 shall perform the functions conferred upon it in this chapter 12 and chapters 161C , 161E , 161F , 207 , and 208 . The division 13 shall be administered in accordance with the policies of the 14 committee, which shall advise the division and which shall 15 approve administrative rules proposed by the division for 16 the administration of this chapter and chapters 161C , 161E , 17 161F , 207 , and 208 before the rules are adopted pursuant to 18 section 17A.5 . If a difference exists between the committee 19 and secretary regarding the content of a proposed rule, the 20 secretary shall notify the chairperson of the committee of 21 the difference within thirty days from the committee’s action 22 on the rule. The secretary and the committee shall meet to 23 resolve the difference within thirty days after the secretary 24 provides the committee with notice of the difference. 25 Sec. 285. Section 161A.4, subsection 6, Code 2024, is 26 amended to read as follows: 27 6. a. The committee may perform acts, hold public hearings, 28 and propose and approve provide advice and recommendations on 29 the adoption of rules pursuant to chapter 17A by the secretary 30 and department as necessary for the execution of its their 31 functions. 32 b. The committee shall recommend to the secretary each year 33 a budget for the division. The secretary, at the earliest 34 opportunity and prior to formulating a budget, shall meet with 35 -102- LSB 5023SV (3) 90 ss/ns 102/ 312
S.F. 2385 representatives of the committee to discuss the committee’s 1 recommendation. The secretary shall have the authority to set 2 the budget for the division. 3 c. The committee shall recommend three persons to the 4 secretary of agriculture who shall may appoint from the 5 persons recommended a director to head the division and serve 6 at the pleasure of the secretary. After reviewing the names 7 submitted, the secretary may request that the committee submit 8 additional names for consideration. 9 Sec. 286. Section 161A.7, subsection 1, paragraph n, 10 subparagraph (1), unnumbered paragraph 1, Code 2024, is amended 11 to read as follows: 12 The district plan shall contain a comprehensive long-range 13 assessment of soil and surface water resources in the district 14 consistent with rules approved by the committee under section 15 161A.4 . In developing the plan the district may receive 16 technical support from the United States department of 17 agriculture natural resources conservation service and the 18 county board of supervisors in the county where the district 19 is located. The division and the Iowa cooperative extension 20 service in agriculture and home economics may provide technical 21 support to the district. The support may include but is not 22 limited to the following: 23 Sec. 287. Section 169.5, subsection 1, paragraph a, Code 24 2024, is amended to read as follows: 25 a. The governor shall appoint, subject to confirmation 26 by the senate pursuant to section 2.32 , a board of five 27 individuals, three of whom shall be licensed veterinarians 28 and two of whom shall not be licensed veterinarians and shall 29 represent the general public , one of whom shall be a farmer 30 involved in the production of agricultural animals . The board 31 shall be known as the Iowa board of veterinary medicine. 32 Sec. 288. Section 170.1, subsection 2, Code 2024, is amended 33 by striking the subsection. 34 Sec. 289. Section 170.3B, Code 2024, is amended to read as 35 -103- LSB 5023SV (3) 90 ss/ns 103/ 312
S.F. 2385 follows: 1 170.3B Farm deer administration fee. 2 The department may establish a farm deer administration fee 3 which shall be annually imposed on each landowner who keeps 4 farm deer in this state. The amount of the fee shall not exceed 5 two hundred dollars per year. The fee shall be collected 6 by the department in a manner specified by rules adopted by 7 the department after consulting with the farm deer council 8 established in section 170.2 . The collected fees shall be 9 credited to the farm deer administration fund created pursuant 10 to section 170.3C . 11 Sec. 290. Section 190C.1, subsection 2, Code 2024, is 12 amended by striking the subsection. 13 Sec. 291. Section 190C.2B, subsection 1, Code 2024, is 14 amended to read as follows: 15 1. The department shall implement and administer the 16 provisions of this chapter for agricultural products that have 17 been produced and handled within this state using organic 18 methods as provided in this chapter . The department may 19 consult with the council in implementing and administering this 20 chapter . The department may certify agricultural products that 21 have been produced and handled outside this state using an 22 organic method as provided in this chapter . 23 Sec. 292. Section 190C.3, subsection 2, Code 2024, is 24 amended to read as follows: 25 2. The department may request assistance from the council 26 as provided in section 190C.2A or from one or more regional 27 organic associations as provided in section 190C.6 . 28 Sec. 293. Section 203.11A, subsection 2, Code 2024, is 29 amended to read as follows: 30 2. The amount of a civil penalty shall not exceed one 31 thousand five hundred dollars. Each day that a violation 32 continues shall constitute a separate violation. The amount 33 of the civil penalty that may be assessed in a case shall 34 not exceed the amount recommended by the grain industry peer 35 -104- LSB 5023SV (3) 90 ss/ns 104/ 312
S.F. 2385 review panel established pursuant to section 203.11B . Moneys 1 collected in civil penalties by the department or the attorney 2 general shall be deposited in the general fund of the state. 3 Sec. 294. Section 203.16, subsection 8, Code 2024, is 4 amended by striking the subsection. 5 Sec. 295. Section 203C.24, subsection 8, Code 2024, is 6 amended by striking the subsection. 7 Sec. 296. Section 203C.36A, subsection 2, Code 2024, is 8 amended to read as follows: 9 2. The amount of a civil penalty shall not exceed one 10 thousand five hundred dollars. Each day that a violation 11 continues shall constitute a separate violation. The amount 12 of the civil penalty that may be assessed in an administrative 13 case shall not exceed the amount recommended by the grain 14 industry peer review panel established pursuant to section 15 203.11B . Moneys collected in civil penalties by the department 16 or the attorney general shall be deposited in the general fund 17 of the state. 18 Sec. 297. Section 206.19, subsection 5, Code 2024, is 19 amended by adding the following new paragraph: 20 NEW PARAGRAPH . c. (1) A person subject to a civil penalty 21 pursuant to this subsection may submit an appeal to the 22 department. The appeal shall be referred to an administrative 23 law judge for hearing as a contested case pursuant to chapter 24 17A. 25 (2) This paragraph does not apply to a license revocation 26 proceeding. This paragraph does not require the department 27 to delay the prosecution of a case if immediate action is 28 necessary to reduce the risk of harm to the environment or 29 public health or safety. This section also does not require a 30 review or response if the department refers a violation of this 31 chapter for criminal prosecution, or for an action involving a 32 stop order issued pursuant to section 206.16. 33 (3) An available response by the department may be used as 34 evidence in an administrative hearing, or a civil or criminal 35 -105- LSB 5023SV (3) 90 ss/ns 105/ 312
S.F. 2385 case, except to the extent that information is considered 1 confidential pursuant to section 22.7. 2 Sec. 298. Section 216.2, Code 2024, is amended by adding the 3 following new subsections: 4 NEW SUBSECTION . 01. “Agency” means the administrative 5 function of the Iowa office of civil rights, including the 6 director and staff. “Agency” does not include a member of the 7 Iowa state civil rights commission. 8 NEW SUBSECTION . 4A. “Director” means the director of the 9 Iowa office of civil rights. 10 NEW SUBSECTION . 11A. “Office” means the Iowa office of 11 civil rights. 12 Sec. 299. Section 216.2, subsection 1, Code 2024, is amended 13 to read as follows: 14 1. “Commission” means the Iowa state civil rights commission 15 created by this chapter within the Iowa office of civil rights . 16 Sec. 300. Section 216.3, subsections 1 and 3, Code 2024, are 17 amended to read as follows: 18 1. The Iowa state civil rights commission is created 19 within the department of inspections, appeals, and licensing 20 consisting of seven five members appointed by the governor 21 subject to confirmation by the senate. Appointments shall be 22 made to provide geographical area representation insofar as 23 practicable. No more than four three members of the commission 24 shall belong to the same political party. Members appointed 25 to the commission shall serve for four-year staggered terms 26 beginning and ending as provided by section 69.19 . 27 3. The governor subject to confirmation by the senate shall 28 appoint a director who shall serve as the executive officer 29 of the commission head of the agency. The governor shall set 30 the salary of the director within the applicable salary range 31 established by the general assembly. The director shall adopt 32 rules pursuant to chapter 17A consistent with and necessary for 33 the enforcement of this chapter. The director shall advise and 34 support the commission in fulfilling the commission’s duties 35 -106- LSB 5023SV (3) 90 ss/ns 106/ 312
S.F. 2385 and responsibilities under section 216.5A . 1 Sec. 301. Section 216.4, Code 2024, is amended to read as 2 follows: 3 216.4 Compensation and expenses —— rules procedures . 4 Commissioners shall be paid a per diem as specified in 5 section 7E.6 and shall be reimbursed for actual and necessary 6 expenses incurred while on official commission business. All 7 per diem and expense moneys paid to commissioners shall be 8 paid from funds appropriated to the commission office . The 9 commission shall adopt, amend , or rescind rules procedures as 10 necessary for the conduct of its meetings. A quorum shall 11 consist of four three commissioners. 12 Sec. 302. Section 216.5, Code 2024, is amended by striking 13 the section and inserting in lieu thereof the following: 14 216.5 Powers and duties of agency. 15 The agency shall have the following powers and duties: 16 1. To receive, investigate, mediate, conciliate, 17 and determine the merits of complaints alleging illegal 18 discriminatory practices. The agency shall not disclose the 19 filing of a complaint, the information gathered during the 20 investigation, or the endeavors to eliminate such illegal 21 discriminatory practice by mediation or conciliation, unless 22 such disclosure is made in connection with the agency’s 23 investigation. 24 2. To investigate compliance with conciliation agreements 25 and pursue appropriate remedies up to and including filing in 26 district court. 27 3. To investigate, study, and report on the existence, 28 causes, and extent of illegal discrimination, as deemed 29 necessary by the director. 30 4. To provide education and outreach regarding illegal 31 discrimination, including individuals and organizations. 32 5. To seek a temporary injunction against a respondent when 33 it appears that a complainant may suffer irreparable injury 34 as a result of an alleged violation of this chapter. Unless 35 -107- LSB 5023SV (3) 90 ss/ns 107/ 312
S.F. 2385 otherwise specified in this chapter, a temporary injunction 1 may be issued only after the respondent has been notified and 2 afforded an opportunity to be heard. 3 6. To hold contested case hearings upon any complaint made 4 against a respondent, and all of the following: 5 a. To subpoena witnesses and compel their attendance. 6 b. To administer oaths and take the testimony of any person 7 under oath. 8 c. To compel a respondent to produce for examination any 9 books and papers relating to the complaint. 10 7. To issue subpoenas at the request of a party in contested 11 hearings. 12 8. To petition the district court for issuance of a subpoena 13 and the court, in a proper case, shall issue the subpoena for 14 contested case hearings. Refusal to obey a district court 15 subpoena shall be subject to punishment for contempt. 16 9. To pursue the entry of a consent decree in district court 17 for conciliation agreements. 18 10. To petition and appear before the district court for 19 the enforcement of office orders following a contested case 20 hearing. 21 11. To provide education opportunities and informal 22 technical advice to local commissions regarding legal 23 developments, case process improvements, and cooperation for 24 cross-filing. 25 12. To prepare and transmit to the governor and the general 26 assembly an annual report describing performance outcomes of 27 the agency. 28 13. To make recommendations to the governor and general 29 assembly for such further legislation concerning illegal 30 discrimination as deemed necessary by the director. 31 14. To adopt, publish, amend, and rescind office rules 32 pursuant to chapter 17A consistent with and necessary for the 33 enforcement of this chapter. 34 15. To receive, administer, dispense, and account for any 35 -108- LSB 5023SV (3) 90 ss/ns 108/ 312
S.F. 2385 moneys that may be granted or voluntarily contributed to the 1 office for furthering the purposes of this chapter. 2 16. To utilize volunteers to aid in the conduct of the 3 agency’s duties as deemed necessary by the director. 4 17. To issue a copy of the case file to any party following 5 the issuance of a right to sue letter, the filing of a 6 contested case, or the filing of an action for judicial review. 7 18. To issue protective orders in case files when necessary. 8 Sec. 303. NEW SECTION . 216.5A Powers and duties of 9 commission. 10 The commission shall have the following powers and duties: 11 1. To adopt, amend, or rescind procedures as necessary for 12 the conduct of commission meetings. 13 2. To sit as the final reviewing body for decisions issued 14 by an administrative law judge following an appeal from a 15 contested case hearing. 16 3. To make policy recommendations to the director for 17 consideration to be incorporated with any recommendations from 18 the agency to the governor and general assembly. 19 Sec. 304. Section 216.8C, subsections 3 and 4, Code 2024, 20 are amended to read as follows: 21 3. The commission agency , in consultation with the consumer 22 protection division of the office of the attorney general, 23 shall adopt rules regarding the making of a written finding 24 by licensees under this section . The rules shall include a 25 form for licensees to document the licensees’ written finding. 26 The form shall recite this section’s requirements and comply 27 with the federal Fair Housing Act, 42 U.S.C. §3601 et seq., as 28 amended, and section 504 of the federal Rehabilitation Act of 29 1973, 29 U.S.C. §794, as amended. The form must contain only 30 two questions regarding the qualifications of the patient or 31 client, which shall be whether a person has a disability and 32 whether the need for an assistance animal or service animal is 33 related to the disability. The form must indicate that the 34 responses must be limited to “yes” or “no”. The form must not 35 -109- LSB 5023SV (3) 90 ss/ns 109/ 312
S.F. 2385 allow for additional detail. 1 4. A person who, in the course of employment, is asked 2 to make a finding of disability and disability-related need 3 for an assistance animal or service animal shall utilize the 4 form created by the commission agency to document the person’s 5 written finding. 6 Sec. 305. Section 216.12, subsection 1, paragraph d, 7 unnumbered paragraph 1, Code 2024, is amended to read as 8 follows: 9 Discrimination on the basis of familial status involving 10 dwellings provided under any state or federal program 11 specifically designed and operated to assist elderly persons, 12 as defined in the state or federal program that the commission 13 agency determines to be consistent with determinations made by 14 the United States secretary of housing and urban development, 15 and housing for older persons. As used in this paragraph, 16 “housing for older persons” means housing communities consisting 17 of dwellings intended for either of the following: 18 Sec. 306. Section 216.15, Code 2024, is amended to read as 19 follows: 20 216.15 Complaint —— hearing. 21 1. Any person claiming to be aggrieved by a discriminatory 22 or unfair practice may, in person or by an attorney, make, 23 sign, and file with the commission agency a verified, written 24 complaint which shall state the name and address of the person, 25 employer, employment agency, or labor organization alleged 26 to have committed the discriminatory or unfair practice of 27 which complained, shall set forth the particulars thereof, 28 and shall contain such other information as may be required 29 by the commission agency . The commission Agency staff , a 30 commissioner, or the attorney general may in like manner make, 31 sign, and file such complaint. 32 2. Any place of public accommodation, employer, labor 33 organization, or other person who has any employees or members 34 who refuse or threaten to refuse to comply with the provisions 35 -110- LSB 5023SV (3) 90 ss/ns 110/ 312
S.F. 2385 of this chapter may file with the commission agency a verified 1 written complaint in triplicate asking the commission agency 2 for assistance to obtain their compliance by conciliation or 3 other remedial action. 4 3. a. After the filing of a verified complaint, a true 5 copy shall be served within twenty days on the person against 6 whom the complaint is filed, except as provided in subsection 7 4 . An authorized member of the commission Agency staff shall 8 make a prompt investigation and shall issue a recommendation 9 to an administrative law judge employed by the division of 10 administrative hearings created by section 10A.801 , who shall 11 then issue a determination of probable cause or no probable 12 cause. 13 b. For purposes of this chapter , an administrative law judge 14 issuing a determination of probable cause or no probable cause 15 under this section is exempt from section 17A.17 . 16 c. If the administrative law judge concurs with the 17 investigating official that probable cause exists regarding 18 the allegations of the complaint, the staff of the commission 19 agency shall promptly endeavor to eliminate the discriminatory 20 or unfair practice by conference, conciliation, and persuasion. 21 If the administrative law judge finds that no probable cause 22 exists, the administrative law judge shall issue a final order 23 dismissing the complaint and shall promptly mail a copy to the 24 complainant and to the respondent. A finding of probable cause 25 shall not be introduced into evidence in an action brought 26 under section 216.16 . 27 d. The commission agency staff must endeavor to eliminate 28 the discriminatory or unfair practice by conference, 29 conciliation, and persuasion for a period of thirty days 30 following the initial conciliation meeting between the 31 respondent and the commission agency staff after a finding 32 of probable cause. After the expiration of thirty days, the 33 director may order the conciliation conference and persuasion 34 procedure provided in this section to be bypassed when the 35 -111- LSB 5023SV (3) 90 ss/ns 111/ 312
S.F. 2385 director determines the procedure is unworkable by reason of 1 past patterns and practices of the respondent, or a statement 2 by the respondent that the respondent is unwilling to continue 3 with the conciliation. The director must have the approval of 4 a commissioner before bypassing the conciliation, conference 5 and persuasion procedure. Upon the bypassing of conciliation, 6 the director shall state in writing the reasons for bypassing. 7 4. a. The commission agency may permit service of a 8 complaint on a respondent by regular or electronic mail. If 9 the respondent does not respond to the service by regular or 10 electronic mail after ninety days, the commission agency shall 11 serve the complaint on the respondent by certified mail within 12 twenty days after the expiration of the ninety-day response 13 period to service by regular or electronic mail. 14 b. The commission agency may also permit a party to file 15 a response to a complaint, a document, information, or other 16 material, by electronic mail. 17 c. The commission agency may issue a notice, determination, 18 order, subpoena, request, correspondence, or any other document 19 issued by the commission agency , by electronic mail. 20 5. The members of the commission and its agency staff 21 shall not disclose the filing of a complaint, the information 22 gathered during the investigation, or the endeavors to 23 eliminate such discriminatory or unfair practice by mediation, 24 conference, conciliation, and persuasion, unless such 25 disclosure is made in connection with the conduct of such 26 investigation. 27 6. When the director is satisfied that further endeavor to 28 settle a complaint by conference, conciliation, and persuasion 29 is unworkable and should be bypassed, and the thirty-day period 30 provided for in subsection 3 has expired without agreement, the 31 director with the approval of a commissioner, shall issue and 32 cause to be served a written notice specifying the charges in 33 the complaint as they may have been amended and the reasons for 34 bypassing conciliation, if the conciliation is bypassed, and 35 -112- LSB 5023SV (3) 90 ss/ns 112/ 312
S.F. 2385 requiring the respondent to answer the charges of the complaint 1 at a hearing before the commission agency , a commissioner, or 2 a person designated by the commission agency to conduct the 3 hearing, hereafter referred to as the administrative law judge, 4 and at a time and place to be specified in the notice. 5 7. The case in support of such complaint shall be presented 6 at the hearing by one of the commission’s agency’s attorneys 7 or agents. The investigating official shall not participate 8 in the hearing except as a witness nor participate in the 9 deliberations of the commission agency in such case. 10 8. The hearing shall be conducted in accordance with the 11 provisions of chapter 17A for contested cases. The burden of 12 proof in such a hearing shall be on the commission agency . 13 9. If upon taking into consideration all of the evidence 14 at a hearing, the commission agency determines that the 15 respondent has engaged in a discriminatory or unfair practice, 16 the commission agency shall state its findings of fact and 17 conclusions of law and shall issue an order requiring the 18 respondent to cease and desist from the discriminatory or 19 unfair practice and to take the necessary remedial action 20 as in the judgment of the commission agency will carry out 21 the purposes of this chapter . A copy of the order shall be 22 delivered to the respondent, the complainant, and to any other 23 public officers and persons as the commission agency deems 24 proper. 25 a. For the purposes of this subsection and pursuant to the 26 provisions of this chapter “remedial action” includes but is 27 not limited to the following: 28 (1) Hiring, reinstatement or upgrading of employees 29 with or without pay. Interim earned income and unemployment 30 compensation shall operate to reduce the pay otherwise 31 allowable. 32 (2) Admission or restoration of individuals to a labor 33 organization, admission to or participation in a guidance 34 program, apprenticeship training program, on-the-job training 35 -113- LSB 5023SV (3) 90 ss/ns 113/ 312
S.F. 2385 program or other occupational training or retraining program, 1 with the utilization of objective criteria in the admission of 2 individuals to such programs. 3 (3) Admission of individuals to a public accommodation or an 4 educational institution. 5 (4) Sale, exchange, lease, rental, assignment or sublease 6 of real property to an individual. 7 (5) Extension to all individuals of the full and equal 8 enjoyment of the advantages, facilities, privileges, and 9 services of the respondent denied to the complainant because of 10 the discriminatory or unfair practice. 11 (6) Reporting as to the manner of compliance. 12 (7) Posting notices in conspicuous places in the 13 respondent’s place of business in form prescribed by the 14 commission agency and inclusion of notices in advertising 15 material. 16 (8) Payment to the complainant of damages for an injury 17 caused by the discriminatory or unfair practice which damages 18 shall include but are not limited to actual damages, court 19 costs and reasonable attorney fees. 20 (9) For an unfair or discriminatory practice relating 21 to wage discrimination pursuant to section 216.6A , payment 22 to the complainant of damages for an injury caused by the 23 discriminatory or unfair practice which damages shall include 24 but are not limited to court costs, reasonable attorney fees, 25 and either of the following: 26 (a) An amount equal to two times the wage differential 27 paid to another employee compared to the complainant for the 28 period of time for which the complainant has been discriminated 29 against. 30 (b) In instances of willful violation, an amount equal to 31 three times the wage differential paid to another employee as 32 compared to the complainant for the period of time for which 33 the complainant has been discriminated against. 34 b. In addition to the remedies provided in the preceding 35 -114- LSB 5023SV (3) 90 ss/ns 114/ 312
S.F. 2385 provisions of this subsection , the commission agency may issue 1 an order requiring the respondent to cease and desist from the 2 discriminatory or unfair practice and to take such affirmative 3 action as in the judgment of the commission agency will carry 4 out the purposes of this chapter as follows: 5 (1) In the case of a respondent operating by virtue of 6 a license issued by the state or a political subdivision 7 or agency, if the commission agency , upon notice to the 8 respondent with an opportunity to be heard, determines that the 9 respondent has engaged in a discriminatory or unfair practice 10 and that the practice was authorized, requested, commanded, 11 performed or knowingly or recklessly tolerated by the board 12 of directors of the respondent or by an officer or executive 13 agent acting within the scope of the officer’s or agent’s 14 employment, the commission agency shall so certify to the 15 licensing agency. Unless the commission agency finding of a 16 discriminatory or unfair practice is reversed in the course of 17 judicial review, the finding of discrimination is binding on 18 the licensing agency. If a certification is made pursuant to 19 this subsection , the licensing agency may initiate licensee 20 disciplinary procedures. 21 (2) In the case of a respondent who is found by the 22 commission agency to have engaged in a discriminatory or 23 unfair practice in the course of performing under a contract 24 or subcontract with the state or political subdivision or 25 agency, if the practice was authorized, requested, commanded, 26 performed, or knowingly or recklessly tolerated by the board 27 of directors of the respondent or by an officer or executive 28 agent acting within the scope of the officer’s or agent’s 29 employment, the commission agency shall so certify to the 30 contracting agency. Unless the commission’s agency’s finding 31 of a discriminatory or unfair practice is reversed in the 32 course of judicial review, the finding of discrimination is 33 binding on the contracting agency. 34 (3) Upon receiving a certification made under this 35 -115- LSB 5023SV (3) 90 ss/ns 115/ 312
S.F. 2385 subsection , a contracting agency may take appropriate action 1 to terminate a contract or portion thereof previously entered 2 into with the respondent, either absolutely or on condition 3 that the respondent carry out a program of compliance with 4 the provisions of this chapter ; and assist the state and all 5 political subdivisions and agencies thereof to refrain from 6 entering into further contracts. 7 c. The election of an affirmative order under paragraph “b” 8 of this subsection shall not bar the election of affirmative 9 remedies provided in paragraph “a” of this subsection . 10 10. a. The terms of a conciliation or mediation agreement 11 reached with the respondent may require the respondent to 12 refrain in the future from committing discriminatory or 13 unfair practices of the type stated in the agreement, to take 14 remedial action as in the judgment of the commission agency 15 will carry out the purposes of this chapter , and to consent 16 to the entry in an appropriate district court of a consent 17 decree embodying the terms of the conciliation or mediation 18 agreement. Violation of such a consent decree may be punished 19 as contempt by the court in which it is filed, upon a showing 20 by the commission agency of the violation at any time within 21 six months of its occurrence. At any time in its discretion, 22 the commission agency may investigate whether the terms of the 23 agreement are being complied with by the respondent. 24 b. Upon a finding that the terms of the conciliation 25 or mediation agreement are not being complied with by the 26 respondent, the commission agency shall take appropriate action 27 to assure compliance. 28 11. If, upon taking into consideration all of the evidence 29 at a hearing, the commission agency finds that a respondent 30 has not engaged in any such discriminatory or unfair practice, 31 the commission agency shall issue an order denying relief and 32 stating the findings of fact and conclusions of the commission 33 agency , and shall cause a copy of the order dismissing the 34 complaint to be served on the complainant and the respondent. 35 -116- LSB 5023SV (3) 90 ss/ns 116/ 312
S.F. 2385 12. The commission agency shall establish rules to govern, 1 expedite, and effectuate the procedures established by this 2 chapter and its own actions thereunder. 3 13. Except as provided in section 614.8 , a claim under this 4 chapter shall not be maintained unless a complaint is filed 5 with the commission agency within three hundred days after the 6 alleged discriminatory or unfair practice occurred. 7 14. The commission agency or a party to a complaint may 8 request mediation of the complaint at any time during the 9 commission’s agency’s processing of the complaint. If the 10 complainant and respondent participate in mediation, any 11 mediation agreement may be enforced pursuant to this section . 12 Mediation may be discontinued at the request of any party or 13 the commission agency . 14 Sec. 307. Section 216.15A, Code 2024, is amended to read as 15 follows: 16 216.15A Additional proceedings —— housing discrimination. 17 1. a. The commission agency may join a person not named 18 in the complaint as an additional or substitute respondent 19 if in the course of the investigation, the commission agency 20 determines that the person should be alleged to have committed 21 a discriminatory housing or real estate practice. 22 b. In addition to the information required in the notice, 23 the commission agency shall include in a notice to a respondent 24 joined under this subsection an explanation of the basis for 25 the determination under this subsection that the person is 26 properly joined as a respondent. 27 2. a. The commission agency shall, during the period 28 beginning with the filing of a complaint and ending with the 29 filing of a charge or a dismissal by the commission agency , to 30 the extent feasible, engage in mediation with respect to the 31 complaint. 32 b. A mediation agreement is an agreement between a 33 respondent and the complainant and is subject to commission 34 agency approval. 35 -117- LSB 5023SV (3) 90 ss/ns 117/ 312
S.F. 2385 c. A mediation agreement may provide for binding arbitration 1 or other method of dispute resolution. Dispute resolution that 2 results from a mediation agreement may authorize appropriate 3 relief, including monetary relief. 4 d. A mediation agreement shall be made public unless 5 the complainant and respondent agree otherwise, and the 6 commission agency determines that disclosure is not necessary 7 to further the purposes of this chapter relating to unfair or 8 discriminatory practices in housing or real estate. 9 e. The proceedings or results of mediation shall not be made 10 public or used as evidence in a subsequent proceeding under 11 this chapter without the written consent of the persons who are 12 party to the mediation. 13 f. After the completion of the commission’s agency’s 14 investigation, the commission agency shall make available to 15 the aggrieved person and the respondent information derived 16 from the investigation and the final investigation report 17 relating to that investigation. 18 g. When the commission agency has reasonable cause to 19 believe that a respondent has breached a mediation agreement, 20 the commission agency shall refer this matter to an assistant 21 attorney general with a recommendation that a civil action be 22 filed for the enforcement of the agreement. The assistant 23 attorney general may commence a civil action in the appropriate 24 district court not later than the expiration of ninety days 25 after referral of the breach. 26 3. a. If the commission agency concludes, following the 27 filing of a complaint, that prompt judicial action is necessary 28 to carry out the purposes of this chapter relating to unfair 29 or discriminatory housing or real estate practices, the 30 commission agency may authorize a civil action for appropriate 31 temporary or preliminary relief pending final disposition of 32 the complaint. 33 b. On receipt of the commission’s agency’s authorization, 34 the attorney general shall promptly file the action. 35 -118- LSB 5023SV (3) 90 ss/ns 118/ 312
S.F. 2385 c. A temporary restraining order or other order granting 1 preliminary or temporary relief under this section is governed 2 by the applicable Iowa rules of civil procedure. 3 d. The filing of a civil action under this section does 4 not affect the initiation or continuation of administrative 5 proceedings in regard to an administrative hearing. 6 4. a. The commission agency shall prepare a final 7 investigative report. 8 b. A final report under this section may be amended by the 9 commission agency if additional evidence is discovered. 10 5. a. The commission agency shall determine based on 11 the facts whether probable cause exists to believe that a 12 discriminatory housing or real estate practice has occurred or 13 is about to occur. 14 b. The commission agency shall make its determination under 15 paragraph “a” not later than one hundred days after a complaint 16 is filed unless any of the following applies: 17 (1) It is impracticable to make the determination within 18 that time period. 19 (2) The commission agency has approved a mediation 20 agreement relating to the complaint. 21 c. If it is impracticable to make the determination within 22 the time period provided by paragraph “b” , the commission agency 23 shall notify the complainant and respondent in writing of the 24 reasons for the delay. 25 d. If the commission agency determines that probable cause 26 exists to believe that a discriminatory housing or real estate 27 practice has occurred or is about to occur, the commission 28 agency shall immediately issue a determination unless the 29 commission agency determines that the legality of a zoning or 30 land use law or ordinance is involved as provided in subsection 31 7 . 32 6. a. A determination issued under subsection 5 must 33 include all of the following: 34 (1) Must consist of a short and plain statement of the facts 35 -119- LSB 5023SV (3) 90 ss/ns 119/ 312
S.F. 2385 on which the commission agency has found probable cause to 1 believe that a discriminatory housing or real estate practice 2 has occurred or is about to occur. 3 (2) Must be based on the final investigative report. 4 (3) Need not be limited to the facts or grounds alleged in 5 the complaint. 6 b. Not later than twenty days after the commission agency 7 issues a determination, the commission agency shall send a copy 8 of the determination with information concerning the election 9 under section 216.16A to all of the following persons: 10 (1) Each respondent, together with a notice of the 11 opportunity for a hearing as provided under subsection 10 . 12 (2) Each aggrieved person on whose behalf the complaint was 13 filed. 14 7. If the commission agency determines that the matter 15 involves the legality of a state or local zoning or other 16 land use ordinance, the commission agency shall not issue a 17 determination and shall immediately refer the matter to the 18 attorney general for appropriate action. 19 8. a. If the commission agency determines that no probable 20 cause exists to believe that a discriminatory housing or 21 real estate practice has occurred or is about to occur, the 22 commission agency shall promptly dismiss the complaint. 23 b. The commission agency shall make public disclosure of 24 each dismissal under this section . 25 9. The commission agency shall not issue a determination 26 under this section regarding an alleged discriminatory housing 27 or real estate practice after the beginning of the trial of a 28 civil action commenced by the aggrieved party under federal or 29 state law seeking relief with respect to that discriminatory 30 housing or real estate practice. 31 10. a. If a timely election is not made under section 32 216.16A , the commission agency shall provide for a hearing on 33 the charges in the complaint. 34 b. Except as provided by paragraph “c” , the hearing shall be 35 -120- LSB 5023SV (3) 90 ss/ns 120/ 312
S.F. 2385 conducted in accordance with chapter 17A for contested cases. 1 c. A hearing under this section shall not be continued 2 regarding an alleged discriminatory housing or real estate 3 practice after the beginning of the trial of a civil action 4 commenced by the aggrieved person under federal or state law 5 seeking relief with respect to that discriminatory housing or 6 real estate practice. 7 11. a. If the commission agency determines at a hearing 8 under subsection 10 that a respondent has engaged or is about 9 to engage in a discriminatory housing or real estate practice, 10 the commission agency may order the appropriate relief, 11 including actual damages, reasonable attorney fees, court 12 costs, and other injunctive or equitable relief. 13 b. To vindicate the public interest, the commission agency 14 may assess a civil penalty against the respondent in an amount 15 that does not exceed the following applicable amount: 16 (1) Ten thousand dollars if the respondent has not been 17 adjudged by the order of the commission or agency or a court to 18 have committed a prior discriminatory housing or real estate 19 practice. 20 (2) Except as provided by paragraph “c” , twenty-five 21 thousand dollars if the respondent has been adjudged by order 22 of the commission or agency or a court to have committed one 23 other discriminatory housing or real estate practice during 24 the five-year period ending on the date of the filing of the 25 complaint. 26 (3) Except as provided by paragraph “c” , fifty thousand 27 dollars if the respondent has been adjudged by order of the 28 commission or agency or a court to have committed two or more 29 discriminatory housing or real estate practices during the 30 seven-year period ending on the date of the filing of the 31 complaint. 32 c. If the acts constituting the discriminatory housing or 33 real estate practice that is the object of the complaint are 34 committed by the same natural person who has been previously 35 -121- LSB 5023SV (3) 90 ss/ns 121/ 312
S.F. 2385 adjudged to have committed acts constituting a discriminatory 1 housing or real estate practice, the civil penalties in 2 paragraph “b” , subparagraphs (2) and (3) may be imposed 3 without regard to the period of time within which any other 4 discriminatory housing or real estate practice occurred. 5 d. At the request of the commission agency , the attorney 6 general shall initiate legal proceedings to recover a civil 7 penalty due under this section . Funds collected under this 8 section shall be paid to the treasurer of state for deposit in 9 the state treasury to the credit of the general fund. 10 12. This section applies only to the following: 11 a. Complaints which allege a violation of the prohibitions 12 contained in section 216.8 or 216.8A . 13 b. Complaints which allege a violation of section 216.11 or 14 216.11A arising out of alleged violations of the prohibitions 15 contained in section 216.8 or 216.8A . 16 13. If a provision of this section applies under the terms 17 of subsection 12 , and the provision of this section conflicts 18 with a provision of section 216.15 , then the provision 19 contained within this section shall prevail. Similarly, if 20 a provision of section 216.16A or 216.17A conflicts with a 21 provision of section 216.16 or 216.17 , then the provision 22 contained in section 216.16A or 216.17A shall prevail. 23 Sec. 308. Section 216.15B, subsection 1, Code 2024, is 24 amended to read as follows: 25 1. A mediator may be designated in writing by the commission 26 agency to conduct formal mediation of a complaint filed under 27 this chapter . The written designation must specifically refer 28 to this section . 29 Sec. 309. Section 216.16, subsections 1, 2, 3, 4, and 6, 30 Code 2024, are amended to read as follows: 31 1. A person claiming to be aggrieved by an unfair or 32 discriminatory practice must initially seek an administrative 33 relief by filing a complaint with the commission agency in 34 accordance with section 216.15 . This provision also applies to 35 -122- LSB 5023SV (3) 90 ss/ns 122/ 312
S.F. 2385 persons claiming to be aggrieved by an unfair or discriminatory 1 practice committed by the state or an agency or political 2 subdivision of the state, notwithstanding the terms of the Iowa 3 administrative procedure Act, chapter 17A . 4 2. After the proper filing of a complaint with the 5 commission agency , a complainant may subsequently commence an 6 action for relief in the district court if all of the following 7 conditions have been satisfied: 8 a. The complainant has timely filed the complaint with the 9 commission agency as provided in section 216.15, subsection 13 . 10 b. The complaint has been on file with the commission agency 11 for at least sixty days and the commission agency has issued a 12 release to the complainant pursuant to subsection 3 . 13 3. a. Upon a request by the complainant, and after the 14 expiration of sixty days from the timely filing of a complaint 15 with the commission agency , the commission agency shall issue 16 to the complainant a release stating that the complainant 17 has a right to commence an action in the district court. A 18 release under this subsection shall not be issued if any of the 19 following apply: 20 (1) A finding of no probable cause has been made on the 21 complaint by the administrative law judge charged with that 22 duty under section 216.15, subsection 3 . 23 (2) A conciliation agreement has been executed under 24 section 216.15 . 25 (3) The commission agency has served notice of hearing upon 26 the respondent pursuant to section 216.15, subsection 6 . 27 (4) The complaint is closed as an administrative closure and 28 two years have elapsed since the issuance date of the closure. 29 b. Notwithstanding section 216.15, subsection 5 , a party may 30 obtain a copy of all documents contained in a case file where 31 the commission agency has issued a release to the complainant 32 pursuant to this subsection . 33 4. An action authorized under this section is barred unless 34 commenced within ninety days after issuance by the commission 35 -123- LSB 5023SV (3) 90 ss/ns 123/ 312
S.F. 2385 agency of a release under subsection 3 . If a complainant 1 obtains a release from the commission agency under subsection 2 3 , the commission agency is barred from further action on that 3 complaint. 4 6. The district court may grant any relief in an action 5 under this section which is authorized by section 216.15, 6 subsection 9 , to be issued by the commission agency . The 7 district court may also award the respondent reasonable 8 attorney fees and court costs when the court finds that the 9 complainant’s action was frivolous. 10 Sec. 310. Section 216.16A, subsection 1, paragraphs b and c, 11 Code 2024, are amended to read as follows: 12 b. The election must be made not later than twenty days 13 after the date of receipt by the electing person of service 14 under section 216.15A, subsection 5 , or in the case of the 15 commission agency , not later than twenty days after the date 16 the determination was issued. 17 c. The person making the election shall give notice to the 18 commission agency and to all other complainants and respondents 19 to whom the election relates. 20 Sec. 311. Section 216.16A, subsection 2, paragraphs d and e, 21 Code 2024, are amended to read as follows: 22 d. If the commission agency has obtained a mediation 23 agreement with the consent of an aggrieved person, the 24 aggrieved person shall not file an action under this subsection 25 with respect to the alleged discriminatory practice that forms 26 the basis for the complaint except to enforce the terms of the 27 agreement. 28 e. An aggrieved person shall not file an action under this 29 subsection with respect to an alleged discriminatory housing or 30 real estate practice that forms the basis of a charge issued 31 by the commission agency if the commission agency has begun a 32 hearing on the record under this chapter with respect to the 33 charge. 34 Sec. 312. Section 216.17, subsections 1, 2, 3, 4, 5, 7, and 35 -124- LSB 5023SV (3) 90 ss/ns 124/ 312
S.F. 2385 10, Code 2024, are amended to read as follows: 1 1. a. Judicial review of the actions of the agency 2 or commission may be sought in accordance with the terms 3 of the Iowa administrative procedure Act, chapter 17A . 4 Notwithstanding the terms of said Act, petition for judicial 5 review may be filed in the district court in which an 6 enforcement proceeding under subsection 2 may be brought. 7 b. For purposes of the time limit for filing a petition for 8 judicial review under the Iowa administrative procedure Act, 9 chapter 17A , specified by section 17A.19 , the issuance of a 10 final decision of the agency or commission under this chapter 11 occurs on the date notice of the decision is mailed to the 12 parties. 13 c. Notwithstanding the time limit provided in section 14 17A.19, subsection 3 , a petition for judicial review of 15 no-probable-cause decisions and other final agency actions 16 which are not of general applicability must be filed within 17 thirty days of the issuance of the final agency action. 18 2. The commission agency may obtain an order of court for 19 the enforcement of agency or commission orders in a proceeding 20 as provided in this section . Such an enforcement proceeding 21 shall be brought in the district court of the district in the 22 county in which the alleged discriminatory or unfair practice 23 which is the subject of the agency’s or commission’s order was 24 committed, or in which any respondent required in the order to 25 cease or desist from a discriminatory or unfair practice or to 26 take other affirmative action, resides, or transacts business. 27 3. Such an enforcement proceeding shall be initiated by 28 the filing of a petition in such court and the service of a 29 copy thereof upon the respondent. Thereupon the commission 30 agency shall file with the court a transcript of the record 31 of the hearing before it. The court shall have power to 32 grant such temporary relief or restraining order as it deems 33 just and proper, and to make and enter upon the pleadings, 34 testimony, and proceedings set forth in such transcript an 35 -125- LSB 5023SV (3) 90 ss/ns 125/ 312
S.F. 2385 order enforcing, modifying, and enforcing as so modified, or 1 setting aside the order of the agency or commission, in whole 2 or in part. 3 4. An objection that has not been urged before the agency 4 or commission shall not be considered by the court in an 5 enforcement proceeding, unless the failure or neglect to urge 6 such objection shall be excused because of extraordinary 7 circumstances. 8 5. Any party to the enforcement proceeding may move the 9 court to remit the case to the agency or commission in the 10 interests of justice for the purpose of adducing additional 11 specified and material evidence and seeking findings thereof, 12 providing such party shall show reasonable grounds for 13 the failure to adduce such evidence before the agency or 14 commission. 15 7. The agency’s or commission’s copy of the testimony shall 16 be available to all parties for examination at all reasonable 17 times, without cost, and for the purpose of judicial review of 18 the agency’s or commission’s orders. 19 10. If no proceeding to obtain judicial review is instituted 20 within thirty days from the issuance of an order of the 21 commission under section 216.15 or 216.15A , the commission 22 agency may obtain an order of the court for the enforcement 23 of the order upon showing that respondent is subject to 24 the jurisdiction of the agency or commission and resides or 25 transacts business within the county in which the petition for 26 enforcement is brought. 27 Sec. 313. Section 216.17A, subsection 1, paragraph a, Code 28 2024, is amended to read as follows: 29 a. If timely election is made under section 216.16A, 30 subsection 1 , the commission agency shall authorize, and not 31 later than thirty days after the election is made, the attorney 32 general shall file a civil action on behalf of the aggrieved 33 person in a district court seeking relief. 34 Sec. 314. Section 216.17A, subsections 2, 4, 10, and 11, 35 -126- LSB 5023SV (3) 90 ss/ns 126/ 312
S.F. 2385 Code 2024, are amended to read as follows: 1 2. A commission An agency order under section 216.15A, 2 subsection 11 , and a an agency or commission order that has 3 been substantially affirmed by judicial review, do not affect 4 a contract, sale, encumbrance, or lease that was consummated 5 before the agency or commission issued the order and involved a 6 bona fide purchaser, encumbrancer, or tenant who did not have 7 actual notice of the charge issued under this chapter . 8 4. If the agency or commission issues an order against a 9 respondent against whom another order was issued within the 10 preceding five years under section 216.15A, subsection 11 , the 11 commission agency shall send a copy of each order issued under 12 that section to the attorney general. 13 10. The attorney general, on behalf of the commission 14 agency or other party at whose request a subpoena is issued, 15 may enforce the subpoena in appropriate proceedings in district 16 court. 17 11. A court in a civil action brought under this section 18 or the commission agency in an administrative hearing under 19 section 216.15A, subsection 11 , may award reasonable attorney’s 20 fees to the prevailing party and assess court costs against the 21 nonprevailing party. 22 Sec. 315. Section 216.17A, subsection 3, unnumbered 23 paragraph 1, Code 2024, is amended to read as follows: 24 If the agency or commission issues an order with respect 25 to a discriminatory housing practice that occurred in the 26 course of a business subject to a licensing or regulation by a 27 governmental agency, the agency or commission, not later than 28 thirty days after the date of issuance of the order, shall do 29 all of the following: 30 Sec. 316. Section 216.17A, subsection 8, paragraph a, Code 31 2024, is amended to read as follows: 32 a. On the request of the agency or commission, the attorney 33 general may intervene in an action under section 216.16A, 34 subsection 2 , if the agency or commission certifies that the 35 -127- LSB 5023SV (3) 90 ss/ns 127/ 312
S.F. 2385 case is of general public importance. 1 Sec. 317. Section 216.17A, subsection 9, paragraph a, 2 unnumbered paragraph 1, Code 2024, is amended to read as 3 follows: 4 On the request of the agency or commission, the attorney 5 general may file a civil action in district court for 6 appropriate relief if the agency or commission has reasonable 7 cause to believe that any of the following applies: 8 Sec. 318. Section 216.19, subsections 2, 3, 4, 5, 6, 7, and 9 8, Code 2024, are amended to read as follows: 10 2. A city with a population of twenty-nine thousand, or 11 greater, shall maintain an independent local civil rights 12 agency or commission consistent with commission agency rules 13 adopted pursuant to chapter 17A . An agency or commission 14 for which a staff is provided shall have control over such 15 staff. A city required to maintain a local civil rights agency 16 or commission shall structure and adequately fund the agency 17 or commission in order to effect cooperative undertakings 18 with the Iowa office of civil rights commission and to aid in 19 effectuating the purposes of this chapter . 20 3. An agency or commission of local government and the 21 Iowa office of civil rights commission shall cooperate in the 22 sharing of data and research, and coordinating investigations 23 and conciliations in order to expedite claims of unlawful 24 discrimination and eliminate needless duplication. The Iowa 25 office of civil rights commission may enter into cooperative 26 agreements with any local agency or commission to effectuate 27 the purposes of this chapter . Such agreements may include 28 technical and clerical assistance and reimbursement of expenses 29 incurred by the local agency or commission in the performance 30 of the agency’s or commission’s duties if funds for this 31 purpose are appropriated by the general assembly. 32 4. The Iowa civil rights commission director may designate 33 an unfunded local agency or commission as a referral agency. A 34 local agency or commission shall not be designated a referral 35 -128- LSB 5023SV (3) 90 ss/ns 128/ 312
S.F. 2385 agency unless the ordinance creating it provides the same 1 rights and remedies as are provided in this chapter . The Iowa 2 civil rights commission director shall establish by rules 3 the procedures for designating a referral agency and the 4 qualifications to be met by a referral agency. 5 5. The Iowa civil rights commission director may adopt 6 rules establishing the procedures for referral of complaints. 7 A referral agency may refuse to accept a case referred to 8 it by the Iowa office of civil rights commission if the 9 referral agency is unable to effect proper administration of 10 the complaint. It shall be the burden of the referral agency 11 to demonstrate that it is unable to properly administer that 12 complaint. 13 6. A complainant who files a complaint with a referral 14 agency having jurisdiction shall be prohibited from filing a 15 complaint with the Iowa civil rights commission agency alleging 16 violations based upon the same acts or practices cited in the 17 original complaint; and a complainant who files a complaint 18 with the commission agency shall be prohibited from filing 19 a complaint with the referral agency alleging violations 20 based upon the same acts or practices cited in the original 21 complaint. However, the Iowa civil rights commission agency in 22 its discretion may refer a complaint filed with the commission 23 agency to a referral agency having jurisdiction over the 24 parties for investigation and resolution; and a referral agency 25 in its discretion may refer a complaint filed with that agency 26 to the commission office for investigation and resolution. 27 7. A final decision by a referral agency shall be subject 28 to judicial review as provided in section 216.17 in the same 29 manner and to the same extent as a final decision of the Iowa 30 civil rights commission agency . 31 8. The referral of a complaint by the Iowa office of 32 civil rights commission to a referral agency or by a referral 33 agency to the Iowa office of civil rights commission shall not 34 affect the right of a complainant to commence an action in the 35 -129- LSB 5023SV (3) 90 ss/ns 129/ 312
S.F. 2385 district court under section 216.16 . 1 Sec. 319. Section 216.21, Code 2024, is amended to read as 2 follows: 3 216.21 Documents to attorney or party. 4 If a party is represented by an attorney during the 5 proceedings of the agency or commission, with permission of 6 the attorney for the party or of the party, the agency or 7 commission shall provide copies of all relevant documents 8 including an order or decision to either the attorney for the 9 party or the party, but not to both. 10 Sec. 320. Section 216.22, subsection 2, paragraph b, Code 11 2024, is amended to read as follows: 12 b. The franchisor has been found by the commission agency to 13 have exercised a type or degree of control over the franchisee 14 or the franchisee’s employees that is not customarily exercised 15 by a franchisor for the purpose of protecting the franchisor’s 16 trademarks and brand. 17 Sec. 321. Section 228.1, subsection 7, paragraph b, Code 18 2024, is amended to read as follows: 19 b. The individual holds a current Iowa license if 20 practicing in a field covered by an Iowa licensure law and 21 is a psychiatrist, an advanced registered nurse practitioner 22 who holds a national certification in psychiatric mental 23 health care and is licensed by the board of nursing, a 24 physician assistant practicing under the supervision of or in 25 collaboration with a psychiatrist, a qualified mental health 26 professional physician assistant, a psychiatric advanced 27 registered nurse practitioner as defined in section 125.2 , 28 or an individual who holds a doctorate degree in psychology 29 and is licensed by the board of psychology behavioral health 30 professionals to practice psychology . For the purposes of this 31 paragraph, “collaboration” means the same as defined in section 32 148C.1 . 33 Sec. 322. Section 230A.110, subsection 2, Code 2024, is 34 amended by striking the subsection. 35 -130- LSB 5023SV (3) 90 ss/ns 130/ 312
S.F. 2385 Sec. 323. Section 235B.1, subsection 4, Code 2024, is 1 amended by striking the subsection. 2 Sec. 324. Section 235B.3, subsection 1, paragraph a, 3 subparagraph (4), Code 2024, is amended to read as follows: 4 (4) If, in the course of an assessment or evaluation of 5 a report of dependent adult abuse, the department or the 6 department of inspections, appeals, and licensing determines 7 that the case involves discrimination under the jurisdiction 8 of the Iowa office of civil rights commission , the relevant 9 portions of the case shall be referred to the commission 10 office . 11 Sec. 325. Section 235B.16A, subsections 1 and 4, Code 2024, 12 are amended to read as follows: 13 1. The dependent adult protective advisory council 14 established pursuant to section 235B.1 department shall 15 recommend adopt a uniform assessment instrument and process for 16 adoption and use by the department and other agencies involved 17 with assessing a dependent adult’s degree of dependency 18 and determining whether dependent adult abuse has occurred. 19 However, this section shall not apply to dependent adult abuse 20 assessments and determinations made under chapter 235E . 21 4. The department shall cooperate with the departments 22 of inspections, appeals, and licensing, public safety, 23 and workforce development, the Iowa office of civil rights 24 commission , and other state and local agencies performing 25 inspections or otherwise visiting residential settings where 26 dependent adults live, to regularly provide training to the 27 appropriate staff in the agencies concerning each agency’s 28 procedures involving dependent adults, and to build awareness 29 concerning dependent adults and reporting of dependent adult 30 abuse. 31 Sec. 326. Section 235E.5, Code 2024, is amended to read as 32 follows: 33 235E.5 Rulemaking authority. 34 The department, in cooperation and consultation with 35 -131- LSB 5023SV (3) 90 ss/ns 131/ 312
S.F. 2385 the dependent adult protective advisory council established 1 in section 235B.1 , affected industry representatives , and 2 professional and consumer groups, may adopt rules pursuant to 3 chapter 17A to administer this chapter . 4 Sec. 327. Section 237A.12, subsection 3, Code 2024, is 5 amended to read as follows: 6 3. Rules relating to fire safety for child care centers 7 shall be adopted under this chapter by the director of 8 the department of inspections, appeals, and licensing in 9 consultation with the department. Rules adopted by the 10 director of the department of inspections, appeals, and 11 licensing for a building which is owned or leased by a school 12 district or accredited nonpublic school and used as a child 13 care facility shall not differ from standards adopted by 14 the director of the department of inspections, appeals, and 15 licensing for school buildings under chapter 10A, subchapter V, 16 part 2 . Rules relating to sanitation shall be adopted by the 17 department. All rules shall be developed in consultation with 18 the state child care advisory committee. The director of the 19 department of inspections, appeals, and licensing shall inspect 20 the facilities. 21 Sec. 328. Section 237A.25, subsection 1, Code 2024, is 22 amended to read as follows: 23 1. The department shall develop consumer information 24 material to assist parents in selecting a child care provider. 25 In developing the material, the department shall consult with 26 department staff, department of education staff, the state 27 child care advisory committee, the early childhood Iowa state 28 board, and child care resource and referral services. In 29 addition, the department may consult with other entities at the 30 local, state, and national level. 31 Sec. 329. Section 237A.30, subsection 1, Code 2024, is 32 amended to read as follows: 33 1. The department shall work with the early childhood Iowa 34 program established in section 256I.5 and the state child care 35 -132- LSB 5023SV (3) 90 ss/ns 132/ 312
S.F. 2385 advisory committee in designing and implementing a voluntary 1 quality rating system for each provider type of child care 2 facility. 3 Sec. 330. Section 249A.15, Code 2024, is amended to read as 4 follows: 5 249A.15 Licensed psychologists eligible for payment —— 6 provisional licensees. 7 1. The department shall adopt rules pursuant to chapter 8 17A entitling psychologists who are licensed pursuant to 9 chapter 154B and psychologists who are licensed in the state 10 where the services are provided and have a doctorate degree 11 in psychology, have had at least two years of clinical 12 experience in a recognized health setting, or have met the 13 standards of a national register of health service providers 14 in psychology, to payment for services provided to recipients 15 of medical assistance, subject to limitations and exclusions 16 the department finds necessary on the basis of federal laws and 17 regulations and of funds available for the medical assistance 18 program. The rules shall also provide that an individual, who 19 holds a provisional license to practice psychology pursuant 20 to section 154B.6 , is entitled to payment under this section 21 for services provided to recipients of medical assistance, 22 when such services are provided under the supervision of a 23 supervisor who meets the qualifications determined by the 24 board of psychology behavioral health professionals by rule, 25 and claims for payment for such services are submitted by the 26 supervisor. 27 2. Entitlement to payment under this section is applicable 28 to services provided to recipients of medical assistance 29 under both the fee-for-service and managed care payment and 30 delivery systems. Neither the fee-for-service nor the managed 31 care payment and delivery system shall impose a practice 32 or supervision restriction which is inconsistent with or 33 more restrictive than the authority already granted by law, 34 including the authority to provide supervision in person or 35 -133- LSB 5023SV (3) 90 ss/ns 133/ 312
S.F. 2385 remotely through electronic means as specified by rule of the 1 board of psychology behavioral health professionals . 2 Sec. 331. Section 249A.15A, subsections 1, 2, and 3, Code 3 2024, are amended to read as follows: 4 1. The department shall adopt rules pursuant to chapter 5 17A entitling marital and family therapists who are licensed 6 pursuant to chapter 154D to payment for behavioral health 7 services provided to recipients of medical assistance, subject 8 to limitations and exclusions the department finds necessary 9 on the basis of federal laws and regulations. The rules shall 10 also provide that a marital and family therapist, who holds 11 a temporary license to practice marital and family therapy 12 pursuant to section 154D.7 , is entitled to payment under this 13 section for behavioral health services provided to recipients 14 of medical assistance, when such services are provided under 15 the supervision of a qualified supervisor as determined by the 16 board of behavioral science behavioral health professionals by 17 rule, and claims for payment for such services are submitted by 18 the qualified supervisor. 19 2. The department shall adopt rules pursuant to chapter 20 17A entitling master social workers who hold a master’s 21 degree approved by the board of social work behavioral health 22 professionals , are licensed as a master social worker pursuant 23 to section 154C.3, subsection 1 , paragraph “b” , and provide 24 treatment services under the supervision of an independent 25 social worker licensed pursuant to section 154C.3, subsection 26 1 , paragraph “c” , to payment for behavioral health services 27 provided to recipients of medical assistance, subject to 28 limitations and exclusions the department finds necessary on 29 the basis of federal laws and regulations. 30 3. The department shall adopt rules pursuant to chapter 17A 31 entitling mental health counselors who are licensed pursuant 32 to chapter 154D to payment for behavioral health services 33 provided to recipients of medical assistance, subject to 34 limitations and exclusions the department finds necessary on 35 -134- LSB 5023SV (3) 90 ss/ns 134/ 312
S.F. 2385 the basis of federal laws and regulations. The rules shall 1 also provide that a mental health counselor, who holds a 2 temporary license to practice mental health counseling pursuant 3 to section 154D.7 , is entitled to payment under this section 4 for behavioral health services provided to recipients of 5 medical assistance, when such services are provided under the 6 supervision of a qualified supervisor as determined by the 7 board of behavioral science behavioral health professionals by 8 rule, and claims for payment for such services are submitted by 9 the qualified supervisor. 10 Sec. 332. Section 256.3, subsections 1 and 2, Code 2024, are 11 amended to read as follows: 12 1. The state board of education is established for the 13 department. The state board consists of ten nine members: 14 nine seven voting members , and one nonvoting student member , 15 and the director of the department of workforce development, 16 who shall serve as a nonvoting member . The voting members 17 shall be appointed by the governor subject to senate 18 confirmation. The nonvoting student member shall be appointed 19 as provided in section 256.5A . 20 2. The voting members shall be registered voters of 21 the state and hold no other elective or appointive state 22 office. Not more than five voting members shall be of the 23 same political party. Three of the voting members shall 24 have substantial knowledge related to the community college 25 system. The remaining six voting members shall be members of 26 the general public. A voting member shall not be engaged in 27 professional education for a major portion of the member’s time 28 nor shall the member derive a major portion of income from any 29 business or activity connected with education. 30 Sec. 333. Section 256.7, subsection 7, paragraph c, Code 31 2024, is amended by striking the paragraph. 32 Sec. 334. Section 256.9, subsection 31, paragraph b, Code 33 2024, is amended to read as follows: 34 b. Standards and materials developed shall include materials 35 -135- LSB 5023SV (3) 90 ss/ns 135/ 312
S.F. 2385 which employ developmentally appropriate practices and 1 incorporate substantial parental involvement. The materials 2 and standards shall include alternative teaching approaches 3 including collaborative teaching and alternative dispute 4 resolution training. The department shall consult with the 5 child development coordinating council, the state child care 6 advisory committee established pursuant to section 135.173A , 7 the department of health and human services, the state board 8 of regents center for early developmental education, the 9 area education agencies, the department of human development 10 and family studies in the college of human sciences at 11 Iowa state university of science and technology, the early 12 childhood elementary division of the college of education at 13 the university of Iowa, and the college of education at the 14 university of northern Iowa, in developing these standards and 15 materials. 16 Sec. 335. Section 256.17, Code 2024, is amended to read as 17 follows: 18 256.17 Postsecondary course audit committee . 19 1. The department shall establish and facilitate a 20 postsecondary course audit committee which shall annually 21 audit postsecondary courses offered to high school students in 22 accordance with chapter 261E . 23 2. The committee shall include but not be limited 24 to representatives from the kindergarten through grade 25 twelve education community, community colleges, and regents 26 universities. 27 3. 2. The committee department shall establish a sampling 28 technique that randomly selects courses for audit. The audit 29 shall include but not be limited to a review of the course 30 syllabus, teacher qualifications, examples of student products, 31 and results of student assessments. Standards for review shall 32 be established by the committee and approved by the department. 33 Audit findings shall be submitted to the institutions providing 34 the classes audited and shall be posted on the department’s 35 -136- LSB 5023SV (3) 90 ss/ns 136/ 312
S.F. 2385 internet site. 1 4. 3. If the committee department determines that a 2 postsecondary course offered to high school students in 3 accordance with chapter 261E does not meet the standards 4 established by the committee department pursuant to subsection 5 3 2 , the course shall not be eligible for future supplementary 6 weighting under section 257.11 . If the institution makes 7 changes to the course sufficient to cause the course to meet 8 the standards of the committee department , the committee 9 department may reinstate the eligibility of the course for 10 future supplementary weighting under section 257.11 . 11 Sec. 336. Section 256.32, subsection 1, Code 2024, is 12 amended to read as follows: 13 1. An advisory council for agricultural education is 14 established, which consists of nine seven members appointed 15 by the governor. The nine seven members shall include the 16 following: 17 a. Five at least four persons representing all areas 18 of agriculture and diverse geographical areas and at least 19 one person involved in the field of education, including 20 but not limited to a secondary school program instructor, a 21 postsecondary school program instructor, or a teacher educator . 22 b. An individual representing agriculture on a council 23 created to advise the state on career and technical education 24 matters. 25 c. A secondary school program instructor, a postsecondary 26 school program instructor, and a teacher educator. 27 Sec. 337. Section 256.33, subsection 1, Code 2024, is 28 amended to read as follows: 29 1. The department shall consort with school districts, 30 area education agencies, community colleges, and colleges 31 and universities to provide assistance to them in the use 32 of educational technology for instruction purposes. The 33 department shall consult with the advisory committee on 34 telecommunications, established in section 256.7, subsection 7 , 35 -137- LSB 5023SV (3) 90 ss/ns 137/ 312
S.F. 2385 and other users of educational technology on the development 1 and operation of programs under this section . 2 Sec. 338. Section 256.82, subsection 1, paragraph a, Code 3 2024, is amended to read as follows: 4 a. Four members shall be appointed by the governor so 5 that the portion of the board membership appointed under this 6 paragraph includes two male board members and two female board 7 members at all times : 8 (1) One member shall be appointed from the business 9 community other than the television and telecommunications 10 industry. 11 (2) One member shall be appointed with experience in or 12 knowledge about the television industry. 13 (3) One member shall be appointed from the membership of 14 a fundraising nonprofit organization financially assisting 15 the Iowa public broadcasting division . At least one member 16 shall have experience in or knowledge of the television and 17 telecommunications industry, and at least one member shall 18 have experience with or knowledge of fundraising nonprofit 19 organizations. 20 (4) One member shall represent the general public. 21 Sec. 339. Section 256.176, subsection 2, paragraphs a and d, 22 Code 2024, are amended to read as follows: 23 a. A member of the state board of regents to be named by the 24 state board of regents, or the executive director of the state 25 board of regents if so appointed by the state board of regents, 26 who shall serve for a four-year term or until the expiration 27 of the member’s term of office , and who shall serve as an ex 28 officio, nonvoting member . 29 d. Nine Seven additional members to be appointed by the 30 governor as follows: 31 (1) One member shall be selected to represent private 32 colleges and universities located in the state of Iowa. 33 When appointing this member, the governor shall give careful 34 consideration to any person nominated or recommended by any 35 -138- LSB 5023SV (3) 90 ss/ns 138/ 312
S.F. 2385 organization or association of some or all private colleges and 1 universities located in the state of Iowa. 2 (2) One member shall be selected to represent Iowa’s 3 community colleges. When appointing this member, the governor 4 shall give careful consideration to any person nominated 5 or recommended by any organization or association of Iowa 6 community colleges. 7 (3) (1) One At least one member shall be enrolled as a 8 student at an institution of higher learning governed by the 9 board of regents, a community college, or an accredited private 10 institution. 11 (4) (2) One At least one member shall be a parent of a 12 student enrolled at an institution of higher learning governed 13 by the board of regents, a community college, or an accredited 14 private institution. 15 (5) (3) One At least one member shall represent 16 practitioners licensed under chapter 256, subchapter VII, 17 part 3 . When appointing this member, the governor shall give 18 careful consideration to any person nominated by an Iowa 19 teacher association or other education stakeholder organization 20 have knowledge and experience in financial or fiduciary 21 matters . 22 (6) Four members shall represent the general public, 23 none of whom shall be officers, board members, or trustees 24 of an institution of higher learning or of an association of 25 institutions of higher learning. 26 Sec. 340. Section 256.176, subsection 2, Code 2024, is 27 amended by adding the following new paragraphs: 28 NEW PARAGRAPH . e. One member to represent private colleges 29 and universities located in the state of Iowa, who shall be 30 selected by an organization or association of some or all 31 private colleges and universities located in the state of Iowa, 32 and who shall serve as an ex officio, nonvoting member. 33 NEW PARAGRAPH . f. One member to represent Iowa’s community 34 colleges, who shall be selected by an organization or 35 -139- LSB 5023SV (3) 90 ss/ns 139/ 312
S.F. 2385 association of Iowa community colleges, and who shall serve as 1 an ex officio, nonvoting member. 2 Sec. 341. Section 256I.4, subsection 19, Code 2024, is 3 amended by striking the subsection and inserting in lieu 4 thereof the following: 5 19. Serve as the state advisory council required under the 6 federal Improving Head Start for School Readiness Act of 2007, 7 Pub. L. No. 110-134, as designated by the governor. 8 Sec. 342. Section 260C.36, subsection 4, Code 2024, is 9 amended to read as follows: 10 4. The department of education shall establish the 11 following committees: 12 a. An an ad hoc accreditation quality faculty plan protocol 13 committee to advise the department in the development of 14 protocols related to the quality faculty planning process to 15 be used by the accreditation teams during site visits. The 16 committee shall, at a minimum, determine what types of evidence 17 need to be provided, develop interview procedures and visit 18 goals, and propose accreditation protocol revisions. 19 b. An ongoing quality faculty plan professional development 20 committee. The committee shall, at a minimum, do the 21 following: 22 (1) Develop systemic, ongoing, and sustainable statewide 23 professional development opportunities that support 24 institutional development as well as individual development and 25 support of the quality faculty plans. The opportunities may 26 include internet-based systems to share promising practices. 27 (2) Determine future professional development needs. 28 (3) Develop or identify training and assistance relating to 29 the quality faculty plan process and requirements. 30 (4) Assist the department and community colleges in 31 developing professional development consortia. 32 (5) Review and identify best practices in each community 33 college quality faculty plan, including best practices 34 regarding adjunct faculty. 35 -140- LSB 5023SV (3) 90 ss/ns 140/ 312
S.F. 2385 c. A community college faculty advisory committee consisting 1 of one member and one alternate from each community college, 2 appointed by the committee established pursuant to subsection 3 1 . The committee membership shall be equally represented by 4 individuals from the liberal arts and sciences faculty and 5 the career and technical faculty. The committee shall, at a 6 minimum, keep faculty informed of higher education issues, 7 facilitate communication between the faculty and the department 8 on an ongoing basis, and serve as an advisory committee to the 9 department and community colleges on faculty issues. 10 Sec. 343. Section 260C.39, subsection 3, Code 2024, is 11 amended to read as follows: 12 3. The terms of employment of personnel, for the academic 13 year following the effective date of the agreement to combine 14 the merged areas shall not be affected by the combination of 15 the merged areas, except in accordance with the procedures 16 under sections 279.15 , 279.16 , 279.18 , and 279.24 , to 17 the extent those procedures are applicable, or under the 18 terms of the base bargaining agreement. The authority and 19 responsibility to offer new contracts or to continue, modify, 20 or terminate existing contracts pursuant to any applicable 21 procedures under chapter 279 , shall be transferred to the 22 acting, and then to the new, board of the combined merged area 23 upon certification of a favorable vote to each of the merged 24 areas affected by the agreement. The collective bargaining 25 agreement of the merged area receiving the greatest amount of 26 general state aid shall serve as the base agreement for the 27 combined merged area and the employees of the merged areas 28 which combined to form the new combined merged area shall 29 automatically be accreted to the bargaining unit from that 30 former merged area for purposes of negotiating the contracts 31 for the following years without further action by the public 32 employment relations appeal board. If only one collective 33 bargaining agreement is in effect among the merged areas which 34 are combining under this section , then that agreement shall 35 -141- LSB 5023SV (3) 90 ss/ns 141/ 312
S.F. 2385 serve as the base agreement, and the employees of the merged 1 areas which are combining to form the new combined merged 2 area shall automatically be accreted to the bargaining unit 3 of that former merged area for purposes of negotiating the 4 contracts for the following years without further action by the 5 public employment relations appeal board. The board of the 6 combined merged area, using the base agreement as its existing 7 contract, shall bargain with the combined employees of the 8 merged areas that have agreed to combine for the academic year 9 beginning with the effective date of the agreement to combine 10 merged areas. The bargaining shall be completed by March 15 11 prior to the academic year in which the agreement to combine 12 merged areas becomes effective or within one hundred eighty 13 days after the organization of the acting board of the new 14 combined merged area, whichever is later. If a bargaining 15 agreement was already concluded in the former merged area which 16 has the collective bargaining agreement that is serving as the 17 base agreement for the new combined merged area, between the 18 former merged area board and the employees of the former merged 19 area, that agreement is void, unless the agreement contained 20 multiyear provisions affecting academic years subsequent to the 21 effective date of the agreement to form a combined merged area. 22 If the base collective bargaining agreement contains multiyear 23 provisions, the duration and effect of the agreement shall 24 be controlled by the terms of the agreement. The provisions 25 of the base agreement shall apply to the offering of new 26 contracts, or the continuation, modification, or termination 27 of existing contracts between the acting or new board of the 28 combined merged area and the combined employees of the new 29 combined merged area. 30 Sec. 344. Section 261A.6, subsection 2, Code 2024, is 31 amended to read as follows: 32 2. a. The For members appointed prior to the effective date 33 of this division of this Act, members of the authority shall be 34 appointed by the governor for terms of six years beginning and 35 -142- LSB 5023SV (3) 90 ss/ns 142/ 312
S.F. 2385 ending as provided in section 69.19 . A member of the authority 1 is eligible for reappointment. 2 b. For members appointed on or after the effective date of 3 this division of this Act, members of the authority shall be 4 appointed by the governor for terms of four years beginning and 5 ending as provided in section 69.19. A member of the authority 6 shall not serve more than two full terms. 7 c. The governor shall fill a vacancy for the remainder of 8 the unexpired term. A member of the authority may be removed 9 by the governor for misfeasance, malfeasance, or willful 10 neglect of duty or other cause after notice and a public 11 hearing unless the notice and hearing are waived by the member 12 in writing. 13 Sec. 345. Section 266.39, subsections 3 and 5, Code 2024, 14 are amended by striking the subsections. 15 Sec. 346. Section 267A.2, subsection 2, Code 2024, is 16 amended by striking the subsection. 17 Sec. 347. Section 267A.5, Code 2024, is amended to read as 18 follows: 19 267A.5 Local food and farm program fund. 20 A local food and farm program fund is created in the state 21 treasury under the control of the department. The fund is 22 separate from the general fund of the state. The fund is 23 composed of moneys appropriated by the general assembly and 24 moneys available to and obtained or accepted by the local food 25 and farm program from the United States government or private 26 sources for placement in the fund. Moneys in the fund shall 27 be used to carry out the purpose and goals of this chapter 28 as provided in section 267A.1 , including but not limited to 29 administering the local food and farm program as provided in 30 section 267A.6 . The fund shall be managed by the department in 31 consultation with the local food and farm coordinator , under 32 the supervision of the local food and farm program council . 33 Sec. 348. Section 267A.6, subsection 1, Code 2024, is 34 amended to read as follows: 35 -143- LSB 5023SV (3) 90 ss/ns 143/ 312
S.F. 2385 1. The local food and farm program coordinator , with advice 1 from the local food and farm program council, shall develop and 2 administer a local food and farm program necessary to carry out 3 the purpose and goals of this chapter as provided in section 4 267A.1 . 5 Sec. 349. Section 272C.1, subsection 6, paragraphs b, f, and 6 u, Code 2024, are amended by striking the paragraphs. 7 Sec. 350. Section 272C.1, subsection 6, paragraphs s and ad, 8 Code 2024, are amended to read as follows: 9 s. The board of psychology behavioral health professionals , 10 created pursuant to chapter 147 . 11 ad. The plumbing and mechanical systems board of building 12 and construction occupations , created pursuant to chapter 105 13 103A , in performing licensing activities pursuant to chapters 14 103 and 105 . 15 Sec. 351. Section 272C.2, subsection 3, Code 2024, is 16 amended to read as follows: 17 3. The state board of engineering and land surveyors, 18 the board of architectural examiners, the board of landscape 19 architectural examiners, and the economic development authority 20 shall cooperate with each other and with persons who typically 21 offer continuing education courses for design professionals to 22 make available energy efficiency related continuing education 23 courses, and to encourage interdisciplinary cooperation and 24 education concerning available energy efficiency strategies for 25 employment in the state’s construction industry. 26 Sec. 352. Section 273.22, subsection 2, paragraph a, Code 27 2024, is amended to read as follows: 28 a. The collective bargaining agreement of the area education 29 agency with the largest basic enrollment, as defined in section 30 257.6 , for the year prior to the year the reorganization is 31 effective, shall serve as the base agreement in the new area 32 education agency and the employees of the other area education 33 agencies involved in the formation of the new area education 34 agency shall automatically be accreted to the bargaining 35 -144- LSB 5023SV (3) 90 ss/ns 144/ 312
S.F. 2385 unit of that collective bargaining agreement for purposes of 1 negotiating the contracts for the following years without 2 further action by the public employment relations appeal 3 board. If only one collective bargaining agreement is in 4 effect among the area education agencies that are party to 5 the reorganization, that agreement shall serve as the base 6 agreement, and the employees of the other agencies involved 7 in the formation of the new area education agency shall 8 automatically be accreted to the bargaining unit of that 9 collective bargaining agreement for purposes of negotiating the 10 contracts for the following years without further action by the 11 public employment relations appeal board. 12 Sec. 353. Section 275.33, subsection 2, paragraph a, Code 13 2024, is amended to read as follows: 14 a. The collective bargaining agreement of the district 15 with the largest basic enrollment for the year prior to 16 the reorganization, as defined in section 257.6 , in the new 17 district shall serve as the base agreement and the employees 18 of the other districts involved in the formation of the new 19 district shall automatically be accreted to the bargaining 20 unit of that collective bargaining agreement for purposes of 21 negotiating the contracts for the following years without 22 further action by the public employment relations appeal board. 23 If only one collective bargaining agreement is in effect among 24 the districts which are party to the reorganization, then that 25 agreement shall serve as the base agreement, and the employees 26 of the other districts involved in the formation of the new 27 district shall automatically be accreted to the bargaining 28 unit of that collective bargaining agreement for purposes of 29 negotiating the contracts for the following years without 30 further action by the public employment relations appeal board. 31 Sec. 354. Section 284.11, subsection 2, paragraph c, Code 32 2024, is amended to read as follows: 33 c. Review the use and effectiveness of the funds distributed 34 to school districts for supplemental assistance in high-need 35 -145- LSB 5023SV (3) 90 ss/ns 145/ 312
S.F. 2385 schools under this section , and consider the findings and 1 recommendations of the commission on educator leadership 2 and compensation submitted pursuant to section 284.15, 3 subsection 13 , relating to the use and effectiveness of the 4 funds distributed to school districts under this section . The 5 department shall submit its findings and recommendations in a 6 report to the general assembly by January 15 annually. 7 Sec. 355. Section 284.15, subsection 12, Code 2024, is 8 amended by striking the subsection. 9 Sec. 356. Section 284.15, subsection 14, Code 2024, is 10 amended to read as follows: 11 14. The provisions of this chapter shall be subject to 12 legislative review at least every three years. The review 13 shall be based upon a status report from the commission 14 on educator leadership and compensation, which shall be 15 prepared with the assistance of the departments of education, 16 management, and revenue. The status report shall review and 17 report on the department’s assignment and utilization of 18 full-time equivalent positions, and shall include information 19 on teacher retention, teacher compensation, academic quality 20 of beginning teachers, teacher evaluation results, student 21 achievement trend and comparative data, and recommendations 22 for changes to the teacher leadership supplement foundation 23 aid and the framework or comparable systems approved pursuant 24 to this section . The first status report shall be submitted 25 to the general assembly by January 15, 2017, with subsequent 26 status reports prepared and submitted to the general assembly 27 by January 15 at least every third year thereafter. 28 Sec. 357. Section 312.3, subsection 1, Code 2024, is amended 29 to read as follows: 30 1. Apportion among the counties the road use tax funds 31 credited to the secondary road fund by using the distribution 32 methodology adopted pursuant to section 312.3C by the 33 commission by rule . 34 Sec. 358. Section 312.3B, subsection 2, Code 2024, is 35 -146- LSB 5023SV (3) 90 ss/ns 146/ 312
S.F. 2385 amended to read as follows: 1 2. The Iowa county engineers association service 2 bureau shall annually compute the secondary road fund and 3 farm-to-market road fund distributions using the methodology 4 determined by the secondary road fund distribution committee 5 pursuant to section 312.3C commission . The Iowa county 6 engineers association service bureau shall report the 7 computations to the secondary road fund distribution committee, 8 the department, the treasurer of state, and the counties. 9 Sec. 359. Section 312.5, subsection 1, Code 2024, is amended 10 to read as follows: 11 1. For the fiscal year ending June 30, 2006, the treasurer 12 of state shall apportion among the counties the road use tax 13 funds credited to the farm-to-market road fund by using the 14 allocation method contained in section 312.5, subsection 1 , 15 Code 2005. For subsequent fiscal years Each fiscal year , the 16 treasurer of state shall apportion among the counties the road 17 use tax funds credited to the farm-to-market road fund by using 18 the distribution methodology adopted pursuant to section 312.3C 19 by the commission . 20 Sec. 360. Section 312.16, Code 2024, is amended by adding 21 the following new subsection: 22 NEW SUBSECTION . 01. “Commission” means the state 23 transportation commission. 24 Sec. 361. Section 312A.3, subsection 2, Code 2024, is 25 amended to read as follows: 26 2. Twenty percent for deposit in the secondary road fund, 27 for apportionment according to the methodology adopted pursuant 28 to section 312.3C by the commission , to be used by counties 29 for construction and maintenance projects on secondary road 30 bridges and on highways in the farm-to-market road system. At 31 least ten percent of the moneys allocated to a county under 32 this subsection shall be used for bridge construction, repair, 33 and maintenance, with priority given to projects that aid and 34 support economic development and job creation. 35 -147- LSB 5023SV (3) 90 ss/ns 147/ 312
S.F. 2385 Sec. 362. Section 314.1, subsection 2, Code 2024, is amended 1 to read as follows: 2 2. Notwithstanding any other provision of law to the 3 contrary, a public improvement that involves the construction, 4 reconstruction, or improvement of a highway, bridge, or culvert 5 and that has a cost in excess of the applicable threshold in 6 section 73A.18 , 262.34 , 297.7 , 309.40 , 310.14 , or 313.10 , as 7 modified by the bid threshold subcommittee director pursuant 8 to section 314.1B , shall be advertised and let for bid, except 9 such public improvements that involve emergency work pursuant 10 to section 309.40A , 313.10 , or 384.103, subsection 2 . For a 11 city having a population of fifty thousand or less, a public 12 improvement that involves the construction, reconstruction, or 13 improvement of a highway, bridge, or culvert that has a cost 14 in excess of twenty-five thousand dollars, as modified by the 15 bid threshold subcommittee director pursuant to section 314.1B , 16 shall be advertised and let for bid, excluding emergency work. 17 However, a public improvement that has an estimated total 18 cost to a city in excess of a threshold of fifty thousand 19 dollars, as modified by the bid threshold subcommittee director 20 pursuant to section 314.1B , and that involves the construction, 21 reconstruction, or improvement of a highway, bridge, or culvert 22 that is under the jurisdiction of a city with a population 23 of more than fifty thousand, shall be advertised and let for 24 bid. Cities required to competitively bid highway, bridge, 25 or culvert work shall do so in compliance with the contract 26 letting procedures of sections 26.3 through 26.12 . 27 Sec. 363. Section 314.1B, subsection 1, paragraph a, Code 28 2024, is amended by striking the paragraph. 29 Sec. 364. Section 314.1B, subsection 1, paragraph b, Code 30 2024, is amended to read as follows: 31 b. The subcommittee director, in consultation with industry 32 and subject matter experts, shall review the competitive bid 33 thresholds applicable to city and county highway, bridge, 34 and culvert projects. The subcommittee director shall 35 -148- LSB 5023SV (3) 90 ss/ns 148/ 312
S.F. 2385 review price adjustments for all types of city and county 1 highway, bridge, and culvert construction, reconstruction, and 2 improvement projects, based on changes in the construction 3 price index from the preceding year. Upon completion of the 4 review the subcommittee director may make adjustments in the 5 applicable bid thresholds for types of work based on the price 6 adjustments. 7 Sec. 365. Section 314.1B, subsection 2, paragraph a, Code 8 2024, is amended by striking the paragraph. 9 Sec. 366. Section 314.1B, subsection 2, paragraphs b, c, d, 10 and e, Code 2024, are amended to read as follows: 11 b. The subcommittee appointed under this subsection 12 director, in consultation with industry and subject matter 13 experts, shall review the competitive bid thresholds applicable 14 to governmental entities under chapter 26 . The subcommittee 15 director shall review price adjustments for all types of 16 construction, reconstruction, and public improvement projects 17 based on the changes in the construction price index, building 18 cost index, and material cost index from the preceding 19 adjustment. Upon completion of the review the subcommittee 20 director may make adjustments in the applicable bid thresholds 21 for types of work based on the price adjustments. 22 c. The subcommittee shall not make an initial adjustment to 23 the competitive bid threshold in section 26.3 to be effective 24 prior to January 1, 2012. Thereafter, the subcommittee The 25 director shall adjust the bid threshold amount in accordance 26 with subsection 3 but shall not adjust the bid threshold to an 27 amount less than the bid threshold applicable to a governmental 28 entity on January 1, 2007. 29 d. Beginning July 1, 2006 2024 , the subcommittee director 30 shall make adjustments to the competitive quotation threshold 31 amounts in section 26.14 for vertical infrastructure in 32 accordance with the methodology of paragraph “b” . 33 e. After 2012, the subcommittee The director shall adjust 34 the competitive quotation threshold amounts in section 26.14 35 -149- LSB 5023SV (3) 90 ss/ns 149/ 312
S.F. 2385 at the same time and by the same percentage as adjustments are 1 made to the competitive bid threshold. 2 Sec. 367. Section 314.1B, subsection 3, Code 2024, is 3 amended to read as follows: 4 3. Review —— publication. Each subcommittee The director 5 shall meet to conduct the review and make the adjustments 6 described in this section on or before August 1 of every 7 other year, or of every year if determined necessary by the 8 subcommittee director . By September 1 of each year in which 9 a subcommittee director makes adjustments in the bid or 10 quotation thresholds, the director shall cause an advisory 11 notice to be published in the Iowa administrative bulletin and 12 in a newspaper of general circulation in this state, stating 13 the adjusted bid and quotation thresholds to be in effect 14 on January 1 of the following year, as established by the 15 subcommittees director under this section . 16 Sec. 368. Section 314.13, subsection 2, Code 2024, is 17 amended by striking the subsection. 18 Sec. 369. Section 314.13, Code 2024, is amended by adding 19 the following new subsection: 20 NEW SUBSECTION . 4A. “Director” means the director of 21 transportation. 22 Sec. 370. Section 314.22, subsection 3, Code 2024, is 23 amended to read as follows: 24 3. Integrated roadside vegetation management technical 25 advisory committee Report . 26 a. The director of the department shall appoint members 27 to an integrated roadside vegetation management technical 28 advisory committee which is created to provide advice on the 29 development and implementation of a statewide integrated 30 roadside vegetation management plan and program and related 31 projects. The department shall report annually in January to 32 the general assembly regarding its activities and those of the 33 committee under this section . Activities of the committee may 34 include but are not limited to providing advice and assistance 35 -150- LSB 5023SV (3) 90 ss/ns 150/ 312
S.F. 2385 in the following areas: 1 (1) Research efforts. 2 (2) Demonstration projects. 3 (3) Education and orientation efforts for property owners, 4 public officials, and the general public. 5 (4) Activities of the integrated roadside vegetation 6 management coordinator for integrated roadside vegetation 7 management. 8 (5) Reviewing applications for funding assistance. 9 (6) Securing funding for research and demonstrations. 10 (7) Determining needs for revising the state weed law and 11 other applicable Code sections. 12 (8) Liaison with the Iowa state association of counties, the 13 Iowa league of cities, and other organizations for integrated 14 roadside vegetation management purposes. 15 b. The director may appoint any number of persons to the 16 committee but, at a minimum, the committee shall consist of all 17 of the following: 18 (1) One member representing the utility industry. 19 (2) One member from the Iowa academy of sciences. 20 (3) One member representing county government. 21 (4) One member representing city government. 22 (5) Two members representing the private sector including 23 community interest groups. 24 (6) One member representing soil conservation interests. 25 (7) One member representing the department of natural 26 resources. 27 (8) One member representing county conservation boards. 28 c. Members of the committee shall serve without 29 compensation, but may be reimbursed for allowable expenses from 30 the living roadway trust fund created under section 314.21 . No 31 more than a simple majority of the members of the committee 32 shall be of the same gender as provided in section 69.16A . 33 The director of the department shall appoint the chair of the 34 committee and shall establish a minimum schedule of meetings 35 -151- LSB 5023SV (3) 90 ss/ns 151/ 312
S.F. 2385 for the committee. 1 Sec. 371. Section 321.252, subsection 3, paragraph a, Code 2 2024, is amended to read as follows: 3 a. The department shall establish, by rule, in cooperation 4 with a tourist signing committee, the standards for 5 tourist-oriented directional signs and shall annually review 6 the list of attractions for which signing is in place. The 7 rules shall conform to national standards for tourist-oriented 8 directional signs adopted under 23 U.S.C. §131(q) and to the 9 manual of uniform traffic-control devices. 10 (1) The tourist signing committee shall be made up of 11 the directors or the directors’ designees of the departments 12 of agriculture and land stewardship, natural resources, and 13 transportation, the director or the director’s designee of 14 the economic development authority, the chairperson or the 15 chairperson’s designee of the Iowa travel council, and a 16 member of the outdoor advertising association of Iowa. The 17 director or the director’s designee of the economic development 18 authority shall be the chairperson of the committee. 19 (2) The department of transportation shall be responsible 20 for calling and setting the date of the meetings of the 21 committee which meetings shall be based upon the amount of 22 activity relating to signs. However, the committee shall meet 23 at least once a month. 24 Sec. 372. Section 331.301, subsection 6, paragraph b, Code 25 2024, is amended to read as follows: 26 b. A county shall not impose any fee or charge on any 27 individual or business licensed pursuant to chapter 105 by 28 the plumbing and mechanical systems board of building and 29 construction occupations for the right to perform plumbing, 30 mechanical, HVAC, refrigeration, sheet metal, or hydronic 31 systems work within the scope of the license. This paragraph 32 does not prohibit a county from charging fees for the issuance 33 of permits for, and inspections of, work performed in its 34 jurisdiction. 35 -152- LSB 5023SV (3) 90 ss/ns 152/ 312
S.F. 2385 Sec. 373. Section 333A.2, subsection 1, paragraphs b and c, 1 Code 2024, are amended to read as follows: 2 b. Five elected county officials who are regularly involved 3 in budget preparation. One county official shall be from 4 a county with a population of less than eleven thousand 5 five hundred, one from a county with a population of more 6 than eleven thousand five hundred but not more than sixteen 7 thousand, one from a county with a population of more than 8 sixteen thousand but not more than twenty-two thousand five 9 hundred, one from a county with a population of more than 10 twenty-two thousand five hundred but not more than eighty 11 thousand and one from a county with a population of more than 12 eighty thousand. The governor director of the department of 13 management shall select and appoint the county officials , 14 subject to the approval of two-thirds of the members of the 15 senate . 16 c. A certified public accountant experienced in governmental 17 accounting selected and appointed by the governor with the 18 approval of two-thirds of the members of the senate director of 19 the department of management . 20 Sec. 374. Section 333A.2, subsection 2, Code 2024, is 21 amended to read as follows: 22 2. The members of the committee appointed by the governor 23 director of the department of management are appointed for 24 four-year terms except that of the initial appointments, two 25 county official members shall be appointed to two-year terms. 26 When a county official member no longer holds the office which 27 qualified the official for appointment, the official shall no 28 longer be a member of the committee. Any person appointed to 29 fill a vacancy shall be appointed to serve the unexpired term. 30 Any member is eligible for reappointment, but a member shall 31 not be appointed to serve more than two four-year terms. 32 Sec. 375. Section 357A.21, subsection 2, Code 2024, is 33 amended to read as follows: 34 2. If an agreement is not reached under subsection 1 , 35 -153- LSB 5023SV (3) 90 ss/ns 153/ 312
S.F. 2385 the governing body of the city or water utility or the board 1 of directors or trustees of the district or association may 2 request mediation pursuant to chapter 679C . The governing 3 body or board requesting mediation shall be responsible for 4 the costs of the mediation. A mediation committee shall be 5 established if a governing body or board requests mediation 6 pursuant to this subsection . The mediation committee shall 7 consist of one member of the governing body of the city or the 8 governing body’s designee, one member of the board of directors 9 or trustees of the district or association, as applicable, and 10 one disinterested member chosen by the other two members. A 11 list of qualified mediators may be obtained from the American 12 arbitration association, the public employment relations appeal 13 board established pursuant to section 20.5 10A.601 , or a 14 recognized mediation organization or association. 15 Sec. 376. Section 364.3, subsection 3, paragraph b, Code 16 2024, is amended to read as follows: 17 b. A city shall not impose any fee or charge on any 18 individual or business licensed pursuant to chapter 105 by 19 the plumbing and mechanical systems board of building and 20 construction occupations for the right to perform plumbing, 21 mechanical, HVAC, refrigeration, sheet metal, or hydronic 22 systems work within the scope of the license. This paragraph 23 does not prohibit a city from charging fees for the issuance 24 of permits for, and inspections of, work performed in its 25 jurisdiction. 26 Sec. 377. Section 384.13, subsection 2, paragraphs c and d, 27 Code 2024, are amended to read as follows: 28 c. Five city officials who are regularly involved in 29 budget preparation. One official must be from a city with a 30 population of not over two thousand five hundred, one from a 31 city with a population of over two thousand five hundred but 32 not over fifteen thousand, one from a city with a population 33 of over fifteen thousand but not over fifty thousand, one from 34 a city with a population of over fifty thousand, and one from 35 -154- LSB 5023SV (3) 90 ss/ns 154/ 312
S.F. 2385 any size city. The governor director of the department of 1 management shall select and appoint the city officials. 2 d. One certified public accountant experienced in city 3 accounting, to be selected and appointed by the governor 4 director of the department of management . 5 Sec. 378. Section 414.1, subsection 2, Code 2024, is amended 6 to read as follows: 7 2. The city of Des Moines may, for the purpose of preserving 8 the dominance of the dome of the state capitol building and 9 the view of the state capitol building from prominent public 10 viewing points, regulate and restrict the height and size of 11 buildings and other structures in the city of Des Moines. 12 Any regulations pertaining to such matters shall be made in 13 accordance with a comprehensive plan and in consultation with 14 the capitol planning commission department of administrative 15 services . 16 Sec. 379. Section 455A.5, subsection 1, Code 2024, is 17 amended to read as follows: 18 1. a. A natural resource commission is created, which 19 consists of seven members appointed by the governor for 20 staggered terms of six years beginning and ending as provided 21 in section 69.19 , except as provided in paragraph “b” . The 22 appointees are subject to senate confirmation. The members 23 shall be citizens of the state who have a substantial knowledge 24 of the subjects embraced by chapter 456A . The appointments 25 shall be based upon the training, experience, and capacity of 26 the appointees, and not based upon political considerations, 27 other than as provided in section 69.16 . A member of the 28 commission shall not hold any other state or federal office. 29 b. For members appointed on or after the effective date 30 of this division of this Act, members shall serve staggered 31 terms of four years beginning and ending as provided in section 32 69.19. 33 Sec. 380. Section 455A.5, subsection 6, paragraph d, Code 34 2024, is amended to read as follows: 35 -155- LSB 5023SV (3) 90 ss/ns 155/ 312
S.F. 2385 d. Approve Provide advice and recommendations regarding 1 the budget request prepared by the director for the programs 2 authorized by chapters 321G , 321I , 456A , 456B , 457A , 461A , 3 462A , 462B , 464A , 481A , 481B , 483A , 484A , and 484B . The 4 commission may increase, decrease, or strike any item within 5 the department budget request for the specified programs before 6 granting approval. 7 Sec. 381. Section 455A.6, subsection 6, paragraph d, Code 8 2024, is amended to read as follows: 9 d. Approve Provide advice and make recommendations regarding 10 the budget request prepared by the director for the programs 11 authorized by chapters 455B , 455C , 455E , 455F , 455H , and 459, 12 subchapters II and III . The commission shall approve the 13 budget request prepared by the director for programs subject to 14 the rulemaking authority of the commission. The commission may 15 increase, decrease, or strike any item within the department 16 budget request for the specified programs before granting 17 approval. 18 Sec. 382. Section 455A.19, subsection 1, unnumbered 19 paragraph 1, Code 2024, is amended to read as follows: 20 Upon receipt of any revenue, the director shall deposit the 21 moneys in the Iowa resources enhancement and protection fund 22 created pursuant to section 455A.18 . The first three hundred 23 fifty thousand dollars of the funds received for deposit in the 24 fund annually shall be allocated to the conservation education 25 program board for the purposes specified in section 455A.21 . 26 One percent of the revenue receipts shall be deducted and 27 transferred to the administration fund provided for in section 28 456A.17 . All of the remaining receipts shall be allocated to 29 the following accounts: 30 Sec. 383. Section 455A.21, Code 2024, is amended to read as 31 follows: 32 455A.21 Conservation education program board . 33 1. A conservation education program board is created in 34 the department. The board shall have five members appointed 35 -156- LSB 5023SV (3) 90 ss/ns 156/ 312
S.F. 2385 as follows: 1 a. One member appointed by the director of the department 2 of education. 3 b. One member appointed by the director of the department of 4 natural resources. 5 c. One member appointed by the president of the Iowa 6 association of county conservation boards. 7 d. One member appointed by the president of the Iowa 8 association of naturalists. 9 e. One member appointed by the president of the Iowa 10 conservation education council. 11 2. Section 69.16 does not apply to appointments made 12 pursuant to this section . 13 3. The duties of the board are to department shall revise 14 and produce conservation education materials and to specify 15 stipends to Iowa educators who participate in innovative 16 conservation education programs approved by the board 17 department . The board department shall allocate the funds 18 provided for under section 455A.19, subsection 1 , for the 19 educational materials and stipends. 20 4. The department shall administer the funds allocated to 21 the conservation education program as provided in this section . 22 Sec. 384. Section 455B.190A, subsection 1, paragraph h, 23 Code 2024, is amended by striking the paragraph. 24 Sec. 385. Section 455B.190A, subsection 2, paragraphs f and 25 g, Code 2024, are amended to read as follows: 26 f. The department shall develop continuing education 27 requirements for certification of a well contractor in 28 consultation with the well contractors’ council . 29 g. The examination shall be developed by the department in 30 consultation with the well contractors’ council to determine 31 the applicant’s qualifications to perform well drilling or 32 pump services or both. The examination shall be updated 33 as necessary to reflect current groundwater law and well 34 construction, maintenance, pump services, and abandonment 35 -157- LSB 5023SV (3) 90 ss/ns 157/ 312
S.F. 2385 practices. The examination shall be administered by the 1 department or by a person designated by the department. 2 Sec. 386. Section 455B.190A, subsections 3 and 6, Code 2024, 3 are amended by striking the subsections. 4 Sec. 387. Section 455B.190A, subsection 4, Code 2024, is 5 amended to read as follows: 6 4. The department shall develop , in consultation with the 7 well contractors’ council, a consumer information pamphlet 8 regarding well construction, well maintenance, well plugging, 9 pump services, and Iowa groundwater laws. The department and 10 the council shall review and revise the consumer information 11 pamphlet as necessary. The consumer information pamphlet shall 12 be supplied to well contractors, at cost, and well contractors 13 shall supply one copy at no cost to potential customers prior 14 to initiation of well services. 15 Sec. 388. Section 455B.190A, subsection 5, unnumbered 16 paragraph 1, Code 2024, is amended to read as follows: 17 The department shall establish by rule and collect , in 18 consultation with the well contractors’ council, the following 19 fees to be used to implement and administer the provisions of 20 this section : 21 Sec. 389. Section 455G.4, Code 2024, is amended by adding 22 the following new subsection: 23 NEW SUBSECTION . 7. Repeal. This section is repealed 24 December 31, 2028. On or before November 29, 2027, the 25 department of natural resources, in consultation with the 26 board, shall propose legislation to the general assembly to 27 strike or repeal provisions referencing the board and the Iowa 28 comprehensive petroleum underground storage tank fund created 29 in section 455G.3 throughout the Code. The remainder of the 30 moneys in the Iowa comprehensive petroleum underground storage 31 tank fund on December 31, 2028, shall be transferred to the 32 storage tank management account of the groundwater protection 33 fund created in section 455E.11. 34 Sec. 390. Section 461A.42, subsection 1, paragraph a, Code 35 -158- LSB 5023SV (3) 90 ss/ns 158/ 312
S.F. 2385 2024, is amended to read as follows: 1 a. A firearm or other weapon authorized for hunting may be 2 used in preserves or parts of preserves designated by the state 3 advisory board on preserves department at the request of the 4 commission. 5 Sec. 391. Section 465C.1, subsection 2, Code 2024, is 6 amended by striking the subsection. 7 Sec. 392. Section 465C.1, subsection 4, Code 2024, is 8 amended to read as follows: 9 4. “Dedication” means the allocation of an area as a 10 preserve by a public agency or by a private owner by written 11 stipulation in a form approved by the state advisory board for 12 preserves department . 13 Sec. 393. Section 465C.2, Code 2024, is amended to read as 14 follows: 15 465C.2 Advisory board. 16 There is hereby created a state system of preserves and a 17 state advisory board for preserves . 18 Sec. 394. Section 465C.8, unnumbered paragraph 1, Code 19 2024, is amended to read as follows: 20 The board department shall have the following powers and 21 duties with respect to this chapter : 22 Sec. 395. Section 465C.8, subsection 9, Code 2024, is 23 amended by striking the subsection. 24 Sec. 396. Section 465C.9, Code 2024, is amended to read as 25 follows: 26 465C.9 Articles of dedication. 27 1. The public agency or private owner shall complete 28 articles of dedication on forms approved by the board 29 department . When the articles of dedication have been approved 30 by the governor, the board department shall record them with 31 the county recorder for the county or counties in which the 32 area is located. 33 2. The articles of dedication may contain restrictions 34 on development, sale, transfer, method of management, public 35 -159- LSB 5023SV (3) 90 ss/ns 159/ 312
S.F. 2385 access, and commercial or other use, and may contain such other 1 provisions as may be necessary to further the purposes of this 2 chapter . They may define the respective jurisdictions of the 3 owner or operating agency and the board department . They may 4 provide procedures to be applied in case of violation of the 5 dedication. They may recognize reversionary rights. They may 6 vary in provisions from one preserve to another in accordance 7 with differences in relative conditions. 8 Sec. 397. Section 465C.10, Code 2024, is amended to read as 9 follows: 10 465C.10 When dedicated as a preserve. 11 An area shall become a preserve when it has been approved by 12 the board department for dedication as a preserve, whether in 13 public or private ownership, formally dedicated as a preserve 14 within the system by a public agency or private owner and 15 designated by the governor as a preserve. 16 Sec. 398. Section 465C.11, Code 2024, is amended to read as 17 follows: 18 465C.11 Area held in trust. 19 1. An area designated as a preserve within the system is 20 hereby declared put to its highest, best, and most important 21 use for public benefit. It shall be held in trust and shall not 22 be alienated except to another public use upon a finding by the 23 board department of imperative and unavoidable public necessity 24 and with the approval of the commission, the general assembly 25 by concurrent resolution, and the governor. The board’s 26 department’s interest or interests in any area designated as a 27 preserve shall not be taken under the condemnation statutes of 28 this state without such a finding of imperative and unavoidable 29 public necessity by the board department , and with the 30 consent of the commission, the general assembly by concurrent 31 resolution, and the governor. 32 2. The board department , with the approval of the governor, 33 may enter into amendments to any articles of dedication upon 34 its finding that such amendment will not permit an impairment, 35 -160- LSB 5023SV (3) 90 ss/ns 160/ 312
S.F. 2385 disturbance, or development of the area inconsistent with the 1 purposes of this chapter . 2 3. Before the board department shall make a finding 3 of imperative and unavoidable public necessity, or shall 4 enter into any amendment to articles of dedication, the 5 board department shall provide notice of such proposal and 6 opportunity for any person to be heard. Such notice shall 7 be published at least once in a newspaper with a general 8 circulation in the county or counties wherein the area directly 9 affected is situated, and mailed within ten days of such 10 published notice to all persons who have requested notice of 11 all such proposed actions. Each notice shall set forth the 12 substance of the proposed action and describe, with or without 13 legal description, the area affected, and shall set forth a 14 place and time not less than sixty days thence for all persons 15 desiring to be heard to have reasonable opportunity to be heard 16 prior to the finding of the board department . 17 Sec. 399. Section 476.10B, subsection 7, Code 2024, is 18 amended to read as follows: 19 7. The department of administrative services, in 20 consultation with the board and the division, shall secure 21 architectural services, contract for construction, engineering, 22 and construction oversight and management, and control the 23 funding associated with the building construction and the 24 building’s operation and maintenance. The department of 25 administrative services may utilize consultants or other 26 expert assistance to address feasibility, planning, or other 27 considerations connected with construction of the building or 28 decision making regarding the building. The department of 29 administrative services, on behalf of the board and division, 30 shall consult with the office of the governor , and appropriate 31 legislative bodies , and the capitol planning commission . 32 Sec. 400. Section 481C.2, subsection 3, Code 2024, is 33 amended to read as follows: 34 3. The criteria for issuing depredation licenses and 35 -161- LSB 5023SV (3) 90 ss/ns 161/ 312
S.F. 2385 permits shall be established in administrative rules in 1 consultation with the farmer advisory committee created in 2 section 481A.10A . The administrative rules adopted pursuant 3 to this section shall not require a producer to erect or 4 maintain fencing at a cost exceeding one thousand dollars as a 5 requisite for receiving a depredation license or permit or for 6 participation in a depredation plan. 7 Sec. 401. Section 514C.32, subsection 1, paragraphs a and b, 8 Code 2024, are amended to read as follows: 9 a. A licensed master social worker who is licensed by the 10 board of social work behavioral health professionals as a 11 master social worker pursuant to section 154C.3, subsection 1 , 12 paragraph “b” , and who provides services under the supervision 13 of an independent social worker licensed pursuant to section 14 154C.3, subsection 1 , paragraph “c” . 15 b. A licensed mental health counselor or a licensed 16 marital and family therapist who holds a temporary license to 17 practice mental health counseling or marital and family therapy 18 pursuant to section 154D.7 , and who provides services under 19 the supervision of a qualified supervisor as determined by the 20 board of behavioral science behavioral health professionals by 21 rule. 22 Sec. 402. Section 514C.33, subsections 1 and 2, Code 2024, 23 are amended to read as follows: 24 1. Notwithstanding section 514C.6 , a policy or contract 25 providing for third-party payment or prepayment of health or 26 medical expenses shall include a provision for the payment of 27 necessary behavioral health services provided by a person who 28 holds a provisional license to practice psychology pursuant to 29 section 154B.6 , and who practices under the supervision of a 30 supervisor who meets the qualifications determined by the board 31 of psychology behavioral health professionals by rule. 32 2. A policy or contract subject to this section shall 33 not impose a practice or supervision restriction which is 34 inconsistent with or more restrictive than the authority 35 -162- LSB 5023SV (3) 90 ss/ns 162/ 312
S.F. 2385 already granted by law, including the authority to provide 1 supervision in person or remotely through electronic means as 2 specified by rule of the board of psychology behavioral health 3 professionals . 4 Sec. 403. Section 524.223, subsection 2, unnumbered 5 paragraph 1, Code 2024, is amended to read as follows: 6 If the state bank, director, officer, employee, or 7 substantial shareholder fails to appear at the hearing it shall 8 be deemed to have consented to the issuance of a cease and 9 desist order. In the event of such consent, or if upon the 10 record made at such hearing, the superintendent shall find that 11 any violation or unsafe or unsound practice specified in the 12 notice has been established, the superintendent may issue and 13 serve upon the state bank, director, officer, employee, or 14 substantial shareholder an order to cease and desist from any 15 such violation or practice. Such order may require the state 16 bank and its directors, officers, employees, and shareholders 17 to cease and desist from any such violation or practice and, 18 further, to take affirmative action to correct the conditions 19 resulting from any such violation or practice. In addition, 20 if the violation or practice involves a failure to comply with 21 chapter 12C or any rules adopted pursuant to chapter 12C , the 22 superintendent may recommend to the committee established under 23 section 12C.6 treasurer of state that the bank be removed from 24 the list of financial institutions eligible to accept public 25 funds under section 12C.6A and may require that during the 26 current calendar quarter and up to the next succeeding eight 27 calendar quarters that the bank do any one or more of the 28 following: 29 Sec. 404. Section 542.4, subsection 1, paragraphs a and b, 30 Code 2024, are amended to read as follows: 31 a. The board shall consist of eight five members, appointed 32 by the governor and subject to senate confirmation, all of whom 33 shall be residents of this state. Five Four of the eight five 34 members shall be holders of certificates issued under section 35 -163- LSB 5023SV (3) 90 ss/ns 163/ 312
S.F. 2385 542.6 , one member shall be the holder of a license issued 1 under section 542.8 , and two one shall not be a certified 2 public accountants accountant or licensed public accountants 3 accountant and shall represent the general public. At least 4 three of the holders of certificates issued under section 5 542.6 shall also be qualified to supervise attest services as 6 provided in section 542.7 . 7 b. A certified or licensed member of the board shall be 8 actively engaged in practice as a certified public accountant 9 or as a licensed public accountant and shall have been so 10 engaged for five years preceding appointment, the last two of 11 which shall have been in this state . 12 Sec. 405. Section 542B.3, Code 2024, is amended to read as 13 follows: 14 542B.3 Engineering and land surveying examining board 15 created. 16 An engineering and land surveying examining board is 17 created within the department of inspections, appeals, and 18 licensing. The board consists of three two members who are 19 licensed professional engineers, two members who are licensed 20 professional land surveyors, and two members one member who are 21 is not a licensed professional engineers engineer or licensed 22 professional land surveyors surveyor and who shall represent 23 the general public. An individual who is licensed as both 24 a professional engineer and a professional land surveyor may 25 serve to satisfy the board membership requirement for either 26 a licensed professional engineer or a licensed professional 27 land surveyor, but not both. Members shall be appointed 28 by the governor subject to confirmation by the senate. A 29 licensed member shall be actively engaged in the practice of 30 engineering or land surveying and shall have been so engaged 31 for five years preceding the appointment, the last two of which 32 shall have been in Iowa . Insofar as practicable, licensed 33 engineer members of the board shall be from different branches 34 of the profession of engineering. Professional associations 35 -164- LSB 5023SV (3) 90 ss/ns 164/ 312
S.F. 2385 or societies composed of licensed engineers or licensed land 1 surveyors may recommend the names of potential board members 2 whose profession is representative of that association or 3 society to the governor. However, the governor is not bound by 4 the recommendations. A board member shall not be required to 5 be a member of any professional association or society composed 6 of professional engineers or professional land surveyors. 7 Sec. 406. Section 542B.15, Code 2024, is amended to read as 8 follows: 9 542B.15 Examinations —— report required. 10 Examinations for licensure shall be given as often as deemed 11 necessary by the board department of inspections, appeals, 12 and licensing , but no less than one time per year. The scope 13 of the examinations and the methods of procedure shall be 14 prescribed by the board. Any examination may be given by 15 representatives of the board. The identity of the person 16 taking the examination shall be concealed until after the 17 examination has been graded by the department of inspections, 18 appeals, and licensing . As soon as practicable after the 19 close of each examination, a report shall be filed in the 20 office of the secretary of the board by the board department 21 of inspections, appeals, and licensing . The report shall 22 show the action of the board upon each application and the 23 secretary of the board shall notify each applicant of the 24 result of the applicant’s examination. Applicants who fail the 25 examination once shall be allowed to take the examination at 26 the next scheduled time. Thereafter, the applicant shall be 27 allowed to take the examination at the discretion of the board. 28 An applicant who has failed the examination may request in 29 writing information from the board concerning the applicant’s 30 examination grade and subject areas or questions which the 31 applicant failed to answer correctly, except that if the board 32 administers a uniform, standardized examination, the board 33 shall only be required to provide the examination grade and 34 such other information concerning the applicant’s examination 35 -165- LSB 5023SV (3) 90 ss/ns 165/ 312
S.F. 2385 results which are available to the board. 1 Sec. 407. Section 543B.8, subsections 1 and 2, Code 2024, 2 are amended to read as follows: 3 1. A real estate commission is created within the department 4 of inspections, appeals, and licensing. The commission 5 consists of five four members licensed under this chapter and 6 two members one member not licensed under this chapter and who 7 shall represent the general public. Commission members shall 8 be appointed by the governor subject to confirmation by the 9 senate. 10 2. No more than one member shall be appointed from a 11 county. A commission member shall not hold any other elective 12 or appointive state or federal office. At least one of the 13 licensed members shall be a licensed real estate salesperson, 14 except that if the licensed real estate salesperson becomes 15 a licensed real estate broker during a term of office, 16 that person may complete the term, but is not eligible for 17 reappointment on the commission as a licensed real estate 18 salesperson. A licensed member shall be actively engaged 19 in the real estate business and shall have been so engaged 20 for five years preceding the appointment, the last two of 21 which shall have been in Iowa . Professional associations or 22 societies of real estate brokers or real estate salespersons 23 may recommend the names of potential commission members to 24 the governor. However, the governor is not bound by their 25 recommendations. A commission member shall not be required to 26 be a member of any professional association or society composed 27 of real estate brokers or salespersons. 28 Sec. 408. Section 543D.4, subsections 1 and 3, Code 2024, 29 are amended to read as follows: 30 1. A real estate appraiser examining board is established 31 within the department of inspections, appeals, and licensing. 32 The board consists of seven five members, two one of whom shall 33 be a public members member and five four of whom shall be 34 certified real estate appraisers. 35 -166- LSB 5023SV (3) 90 ss/ns 166/ 312
S.F. 2385 3. A certified real estate appraiser member of the board 1 shall be actively engaged in practice as a certified real 2 estate appraiser and shall have been so engaged for five years 3 preceding appointment, the last two of which shall have been in 4 this state . The governor shall attempt to represent each class 5 of certified appraisers in making the appointments. 6 Sec. 409. Section 544A.1, subsection 2, Code 2024, is 7 amended to read as follows: 8 2. The architectural examining board is created within the 9 department of inspections, appeals, and licensing. The board 10 consists of five three members who possess a license issued 11 under section 544A.9 and who have been in active practice 12 of architecture for not less than five years, the last two 13 of which shall have been in Iowa , one person who possesses 14 a license issued under section 544B.11, and two members 15 one member who do does not possess a license issued under 16 section 544A.9 or 544B.11 and who shall represent the general 17 public. Members shall be appointed by the governor subject to 18 confirmation by the senate. 19 Sec. 410. Section 544B.1, subsection 1, Code 2024, is 20 amended to read as follows: 21 1. “Board” means the landscape architectural examining board 22 established pursuant to section 544B.3 544A.1 . 23 Sec. 411. Section 544C.1, subsection 1, Code 2024, is 24 amended by striking the subsection. 25 Sec. 412. Section 544C.3, Code 2024, is amended to read as 26 follows: 27 544C.3 Duties of the board department . 28 1. The duties of the board department shall include , but are 29 not limited to , all of the following: 30 a. 1. Administering and enforcing this chapter . 31 b. Establishing requirements for the examination, education, 32 and practical training of applicants for registration. 33 c. Holding meetings each year for the purpose of transacting 34 business pertaining to the affairs of the board. Action at a 35 -167- LSB 5023SV (3) 90 ss/ns 167/ 312
S.F. 2385 meeting shall not be taken without the affirmative votes of a 1 majority of members of the board. 2 d. 2. Adopting rules under chapter 17A necessary for 3 the proper performance of its duties. The rules shall 4 include provisions addressing conflicts of interest and full 5 disclosure, including sources of compensation. 6 e. 3. Establishing fees for registration as a registered 7 interior designer, renewal of registration, reinstatement of 8 registration, and for other activities of the board department 9 pertaining to its duties. The fees shall be sufficient to 10 defray the costs of administering this chapter , and shall be 11 deposited in the licensing and regulation fund created in 12 section 10A.507 . 13 f. 4. Maintaining records, which are open to public 14 inspection at all reasonable times, of its proceedings relating 15 to the issuance, refusal, renewal, suspension, and revocation 16 of registration. The records shall also contain a roster 17 indicating the name, place of business and residence, and the 18 date and registration number of every registrant. 19 2. The director of the department shall provide staff to 20 assist the board in the implementation of this chapter . 21 Sec. 413. Section 544C.5, Code 2024, is amended to read as 22 follows: 23 544C.5 Qualifications for registration. 24 Each applicant for registration must meet the interior 25 design education and practical training requirements adopted by 26 rule by the board, and have passed an examination prescribed 27 by the board that is task-oriented, focused on public safety, 28 and validated by a recognized testing agency. The department 29 shall register an individual who submits an application to the 30 board department on the form and in the manner prescribed by 31 the board department as a registered interior designer if the 32 individual satisfies the following requirements: 33 1. Submits written proof that the individual has 34 successfully passed is certified by the national council for 35 -168- LSB 5023SV (3) 90 ss/ns 168/ 312
S.F. 2385 interior design qualification examination , or its equivalent. 1 2. Has completed any of the following: 2 a. Four years of interior design education plus two years of 3 full-time work experience in registered interior design. 4 b. Three years of interior design education plus three years 5 of full-time work experience in registered interior design. 6 c. Two years of interior design education plus four years of 7 full-time work experience in registered interior design. 8 3. 2. Submits the required registration fee to the board 9 department . 10 Sec. 414. Section 544C.6, unnumbered paragraph 1, Code 11 2024, is amended to read as follows: 12 The board department may also grant registration by 13 reciprocity. An applicant applying to the board department for 14 registration by reciprocity shall furnish satisfactory evidence 15 that the applicant meets both of the following requirements: 16 Sec. 415. Section 544C.6, subsection 1, Code 2024, is 17 amended to read as follows: 18 1. Holds a valid registration or license issued by another 19 registration authority recognized by the board department , 20 where the qualifications for registration or licensure were 21 substantially equivalent to those prescribed in this state on 22 the date of original registration or licensure with the other 23 registration authority. 24 Sec. 416. Section 544C.7, Code 2024, is amended to read as 25 follows: 26 544C.7 Registration issuance. 27 When an applicant has complied with the qualifications for 28 registration in section 544C.5 or 544C.6 to the satisfaction 29 of a majority of the members of the board department and has 30 paid the fees prescribed by the board department , the board 31 department shall enroll the applicant’s name and address in 32 the roster of registered interior designers and issue to the 33 applicant a registration certificate, signed by the officers of 34 the board director of the department . The certificate shall 35 -169- LSB 5023SV (3) 90 ss/ns 169/ 312
S.F. 2385 entitle the applicant to use the title “registered interior 1 designer” in this state. 2 Sec. 417. Section 544C.9, subsection 1, unnumbered 3 paragraph 1, Code 2024, is amended to read as follows: 4 The board department may revoke, suspend, or refuse to issue 5 or renew the registration of any person upon a finding of any 6 of the following: 7 Sec. 418. Section 544C.9, subsection 2, Code 2024, is 8 amended to read as follows: 9 2. Any person may appeal a finding of the board department 10 within thirty days of the date of notification of action. 11 Upon appeal, the board department shall schedule a hearing in 12 accordance with chapter 17A . 13 Sec. 419. Section 544C.10, subsection 2, Code 2024, is 14 amended to read as follows: 15 2. A person who violates this section is guilty of a simple 16 misdemeanor. The board department , in its discretion and 17 in lieu of prosecuting a first offense under this section , 18 may enter into a consent agreement with a violator, or with 19 a person guilty of aiding or abetting a violator, which 20 acknowledges the violation and the violator’s agreement to 21 refrain from any further violations. 22 Sec. 420. Section 544C.11, Code 2024, is amended to read as 23 follows: 24 544C.11 Injunction. 25 In addition to any other remedies, and on the petition of 26 the board department , any person violating this chapter may 27 be restrained and permanently enjoined from committing or 28 continuing the violations. 29 Sec. 421. Section 544C.14, subsection 1, Code 2024, is 30 amended to read as follows: 31 1. A registered interior designer shall have a seal with 32 which to identify all interior technical submissions issued by 33 the registered interior designer for use in this state. The 34 seal shall be of a design, content, and size prescribed by the 35 -170- LSB 5023SV (3) 90 ss/ns 170/ 312
S.F. 2385 board department . A registered interior designer shall only 1 sign and seal an interior technical submission within the scope 2 of registered interior design. 3 Sec. 422. Section 544C.15, subsection 1, paragraphs d and e, 4 Code 2024, are amended to read as follows: 5 d. Obtain or attempt to obtain registration from the board 6 department by fraud. 7 e. Make any willfully false oath or affirmation to the board 8 department . 9 Sec. 423. Section 602.1209, subsections 9 and 13, Code 2024, 10 are amended by striking the subsections. 11 Sec. 424. Section 602.1401, subsection 3, paragraph b, Code 12 2024, is amended to read as follows: 13 b. For purposes of chapter 20 , the certified representative, 14 which on July 1, 1983, represents employees who become judicial 15 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 16 remain the certified representative when the employees become 17 judicial branch employees and thereafter, unless the public 18 employee organization is not retained and recertified or is 19 decertified in an election held under section 20.15 or amended 20 or absorbed into another certified organization pursuant to 21 chapter 20 . Collective bargaining negotiations shall be 22 conducted on a statewide basis and the certified employee 23 organizations which engage in bargaining shall negotiate on a 24 statewide basis, although bargaining units shall be organized 25 by judicial district. The public employment relations appeal 26 board shall adopt rules pursuant to chapter 17A to implement 27 this subsection . 28 Sec. 425. Section 602.1513, Code 2024, is amended to read 29 as follows: 30 602.1513 Per diem compensation. 31 The supreme court shall set the per diem compensation under 32 sections 602.1511 and section 602.1512 at a rate per day not 33 exceeding the rate specified in section 7E.6 . 34 Sec. 426. Section 602.3105, Code 2024, is amended to read 35 -171- LSB 5023SV (3) 90 ss/ns 171/ 312
S.F. 2385 as follows: 1 602.3105 Applications. 2 Applications for certification shall be on forms prescribed 3 and furnished by the board department of inspections, appeals, 4 and licensing and the board department shall not require that 5 the application contain a photograph of the applicant. An 6 applicant shall not be denied certification because of age, 7 citizenship, sex, race, religion, marital status, or national 8 origin although the application may require citizenship 9 information. Character references may be required, but shall 10 not be obtained from certified shorthand reporters. 11 Sec. 427. Section 602.3106, Code 2024, is amended to read 12 as follows: 13 602.3106 Fees —— appropriation. 14 1. The supreme court department of inspections, appeals, 15 and licensing shall set the fee for certification examinations. 16 The fee shall be based on the annual cost of administering the 17 examinations and upon the administrative costs of sustaining 18 the activities of the board department of inspections, appeals, 19 and licensing under this article , which shall include but shall 20 not be limited to the cost for per diem, expenses, and travel 21 for board members employees of the department , and office 22 facilities, supplies, and equipment. 23 2. The fees collected are appropriated to the judicial 24 branch department and shall be used to offset the expenses of 25 the board department , including the costs of administering the 26 examination. 27 Sec. 428. Section 602.3107, Code 2024, is amended to read 28 as follows: 29 602.3107 Examinations. 30 The board department of inspections, appeals, and licensing 31 may administer as many examinations per year as necessary, 32 but shall administer at least one examination per year. 33 The scope of the examinations and the methods of procedure 34 shall be prescribed by the board department . A written 35 -172- LSB 5023SV (3) 90 ss/ns 172/ 312
S.F. 2385 examination may be conducted by representatives of the board 1 department . Examinations in theory shall be in writing 2 and the identity of the person taking the examination shall 3 be concealed until after the examination papers have been 4 graded. For examinations in practice, the identity of the 5 person taking the examination also shall be concealed as far 6 as possible. Applicants who fail the examination once may 7 take the examination at the next scheduled time. Thereafter, 8 the applicant may be allowed to take the examination at the 9 discretion of the board department . An applicant who has 10 failed the examination may request in writing information 11 from the board department concerning the examination grade 12 and subject areas or questions which the applicant failed to 13 answer correctly, and the board department shall provide the 14 information. However, if the board department administers 15 a uniform, standardized examination, the board department 16 is only required to provide the examination grade and other 17 information concerning the applicant’s examination results that 18 is available to the board department . 19 Sec. 429. Section 602.3108, Code 2024, is amended to read 20 as follows: 21 602.3108 Certification. 22 The board department of inspections, appeals, and licensing 23 may issue a certificate to a person of good moral character 24 and fitness who makes application on a form prescribed and 25 furnished by the board department and who satisfies the 26 education, experience, and examination requirements of this 27 article and rules prescribed by the supreme court pursuant 28 to this article . The board department may consider the 29 applicant’s past record of any felony conviction and the 30 applicant’s past record of disciplinary action with respect to 31 certification as a shorthand reporter in any jurisdiction. The 32 board department may deny certification if the board department 33 finds the applicant has committed any of the acts listed in 34 section 602.3203 or has made a false statement of material fact 35 -173- LSB 5023SV (3) 90 ss/ns 173/ 312
S.F. 2385 on the application for certification. 1 Sec. 430. Section 602.3201, Code 2024, is amended to read 2 as follows: 3 602.3201 Requirement of certification —— use of title. 4 A person shall not engage in the profession of shorthand 5 reporting unless the person is certified pursuant to this 6 chapter , or otherwise exempted pursuant to section 602.6603, 7 subsection 4 . Only a person who is certified by the board 8 department of inspections, appeals, and licensing may 9 assume the title of certified shorthand reporter, or use the 10 abbreviation C.S.R., or any words, letters, or figures to 11 indicate that the person is a certified shorthand reporter. 12 Sec. 431. Section 602.3205, subsection 3, Code 2024, is 13 amended to read as follows: 14 3. a. An audio or video recording of a certified shorthand 15 reporter shall be provided to the board department of 16 inspections, appeals, and licensing upon request by the board 17 department if a disciplinary proceeding is pending regarding 18 the certified shorthand reporter who is a respondent under the 19 provisions of section 602.3203 or the rules of the board of 20 examiners of shorthand reporters, Iowa court rules, ch. 46 21 department . 22 b. The audio and video recordings provided to the 23 board department pursuant to this subsection shall be kept 24 confidential by the board department in a manner as provided in 25 section 272C.6, subsection 4 . 26 Sec. 432. Section 602.3206, Code 2024, is amended to read 27 as follows: 28 602.3206 Exempt status. 29 If a person’s certification as a shorthand reporter is 30 placed in exempt status, the person may transcribe or certify 31 a proceeding the person reported while certified as an active 32 shorthand reporter. A person transcribing or certifying a 33 proceeding pursuant to this section shall remain subject to the 34 jurisdiction of the board of examiners of shorthand reporters 35 -174- LSB 5023SV (3) 90 ss/ns 174/ 312
S.F. 2385 department of inspections, appeals, and licensing . 1 Sec. 433. Section 602.3301, subsection 1, unnumbered 2 paragraph 1, Code 2024, is amended to read as follows: 3 A member An employee of the board department of inspections, 4 appeals, and licensing shall not disclose information relating 5 to the following: 6 Sec. 434. Section 602.3301, subsection 2, Code 2024, is 7 amended to read as follows: 8 2. A member An employee of the board department who 9 willfully communicates or seeks to communicate information 10 referred to in subsection 1 , or a person who willfully 11 requests, obtains, or seeks to obtain information referred to 12 in subsection 1 , is guilty of a simple misdemeanor. 13 Sec. 435. Section 602.6603, subsection 5, Code 2024, is 14 amended to read as follows: 15 5. Except as provided in subsection 4 , a person shall not 16 be appointed to the position of court reporter of the district 17 court unless the person has been certified as a shorthand 18 reporter by the board of examiners department of inspections, 19 appeals, and licensing under article 3 . 20 Sec. 436. Section 602.8102, subsection 25, Code 2024, is 21 amended to read as follows: 22 25. Carry out duties relating to the judicial review of 23 orders of the elevator safety board department of inspections, 24 appeals, and licensing as provided in section 89A.10, 25 subsection 2 . 26 Sec. 437. Section 622.10, subsection 7, Code 2024, is 27 amended to read as follows: 28 7. For the purposes of this section , “mental health 29 professional” means a psychologist licensed under chapter 154B , 30 a registered nurse licensed under chapter 152 , a social worker 31 licensed under chapter 154C , a marital and family therapist 32 licensed under chapter 154D , a mental health counselor licensed 33 under chapter 154D , or an individual holding at least a 34 master’s degree in a related field as deemed appropriate by the 35 -175- LSB 5023SV (3) 90 ss/ns 175/ 312
S.F. 2385 board of behavioral science behavioral health professionals . 1 Sec. 438. Section 904.103, Code 2024, is amended by adding 2 the following new subsections: 3 NEW SUBSECTION . 5. Policies for the operation and conduct 4 of the department and the implementation of all department 5 programs. 6 NEW SUBSECTION . 6. Adoption of rules in accordance with 7 chapter 17A as necessary to transact its business and for the 8 administration and exercise of its powers and duties. 9 NEW SUBSECTION . 7. The approval of the locations for all 10 state institutions which are penal, reformatory, or corrective. 11 Sec. 439. Section 904.105, subsections 2, 5, 7, and 9, Code 12 2024, are amended to read as follows: 13 2. Adopt and establish Provide advice and recommendations 14 to the department regarding policies for the operation and 15 conduct of the department and the implementation of all 16 department programs. 17 5. Approve Provide advice and recommendations to the 18 department regarding the budget of the department prior to 19 submission to the governor. 20 7. Adopt rules in accordance with chapter 17A as the board 21 deems Provide advice and recommendations to the department 22 regarding rules necessary to transact its business and for the 23 administration and exercise of its powers and duties. 24 9. Approve Provide advice and recommendations regarding 25 the locations for all state institutions which are penal, 26 reformatory, or corrective. 27 Sec. 440. Section 904.105, subsection 3, Code 2024, is 28 amended by striking the subsection. 29 Sec. 441. Section 904.802, subsection 1, Code 2024, is 30 amended by striking the subsection. 31 Sec. 442. Section 904.802, subsection 2, Code 2024, is 32 amended to read as follows: 33 2. “Iowa state industries” means prison industries that 34 are established and maintained by the Iowa department of 35 -176- LSB 5023SV (3) 90 ss/ns 176/ 312
S.F. 2385 corrections , in consultation with the industries board, at or 1 adjacent to the state’s adult correctional institutions, except 2 that an inmate work program established by the state director 3 under section 904.703 is not restricted to industries at or 4 adjacent to the institutions. 5 Sec. 443. Section 904.804, Code 2024, is amended to read as 6 follows: 7 904.804 Duties of industries board department —— state 8 industries . 9 The industries board’s principal duties department shall be 10 to promulgate and adopt rules and to advise the state director 11 regarding the management of Iowa state industries so as to 12 further the intent stated by section 904.801 . 13 Sec. 444. Section 904.805, unnumbered paragraph 1, Code 14 2024, is amended to read as follows: 15 The state director , with the advice of the industries board, 16 shall: 17 Sec. 445. Section 904.806, Code 2024, is amended to read as 18 follows: 19 904.806 Authority of state director not impaired. 20 Nothing in this subchapter shall be construed to impair the 21 authority of the state director over the adult correctional 22 institutions of this state, nor over the inmates thereof. It 23 is, however, the duty of the state director to obtain the 24 advice of the industries board to further the intent stated by 25 section 904.801 . 26 Sec. 446. Section 904.809, subsection 1, paragraph a, Code 27 2024, is amended to read as follows: 28 a. The state director and the industries board shall comply 29 with the intent of section 904.801 . 30 Sec. 447. Section 904.809, subsection 2, paragraph a, Code 31 2024, is amended to read as follows: 32 a. Any other provision of the Code to the contrary 33 notwithstanding, the state director may , after obtaining the 34 advice of the industries board, lease one or more buildings or 35 -177- LSB 5023SV (3) 90 ss/ns 177/ 312
S.F. 2385 portions thereof on the grounds of any state adult correctional 1 institution, together with the real estate needed for 2 reasonable access to and egress from the leased buildings, for 3 a term not to exceed twenty years, to a private corporation for 4 the purpose of establishing and operating a factory for the 5 manufacture and processing of products, or any other commercial 6 enterprise deemed by the state director to be consistent with 7 the intent stated in section 904.801 . 8 Sec. 448. Section 904.809, subsection 2, paragraph b, 9 subparagraph (1), Code 2024, is amended to read as follows: 10 (1) Persons working in the factory or other commercial 11 enterprise operated in the leased property, except the lessee’s 12 supervisory employees and necessary support personnel approved 13 by the industries board state director , shall be inmates of 14 the institution where the leased property is located who are 15 approved for such work by the state director and the lessee. 16 Sec. 449. Section 904.809, subsection 3, Code 2024, is 17 amended to read as follows: 18 3. The state director with the advice of the prison 19 industries advisory board may provide an inmate workforce to 20 private industry. Under the program inmates will be employees 21 of a private business. 22 Sec. 450. Section 904.813, subsection 2, paragraph a, 23 subparagraphs (1), (2), and (3), Code 2024, are amended to read 24 as follows: 25 (1) Establishment, maintenance, transfer, or closure of 26 industrial operations, or vocational, technical, and related 27 training facilities and services for inmates as authorized by 28 the state director in consultation with the industries board . 29 (2) Payment of all costs incurred by the industries board, 30 including but not limited to per diem and expenses of its 31 members, and of salaries, allowances, support, and maintenance 32 of Iowa state industries. 33 (3) (2) Direct purchases from vendors of raw materials 34 and capital items used for the manufacturing processes of Iowa 35 -178- LSB 5023SV (3) 90 ss/ns 178/ 312
S.F. 2385 state industries, in accordance with rules which meet state 1 bidding requirements. The rules shall be adopted by the state 2 director in consultation with the industries board . 3 Sec. 451. Section 904.814, Code 2024, is amended to read as 4 follows: 5 904.814 Inmate allowance supplement revolving fund. 6 There is established in the treasury of the state a permanent 7 adult correctional institutions inmate allowance supplement 8 revolving fund, consisting solely of money paid as board and 9 maintenance by inmates working in Iowa state industries, or 10 working pursuant to section 904.809 . The fund established 11 by this section may be used to supplement the allowances 12 of inmates who perform other institutional work within and 13 about the adult correctional institutions including those 14 who are working in Iowa state industries. Payments made 15 from the fund shall supplement and not replace all or any 16 part of the allowances otherwise received by, and shall be 17 equably distributed among such inmates. The work of inmates 18 in other institutional or industry work shall, to the greatest 19 extent feasible, be in accord with the intent stated in 20 section 904.801 . The fund may also be used to supplement 21 other rehabilitation activities within the adult correctional 22 institutions. Determination of the use of the funds is the 23 responsibility of the state director who shall first seek the 24 advice of the prison industries advisory board . 25 Sec. 452. Section 904.909, Code 2024, is amended to read as 26 follows: 27 904.909 Work release and OWI violators —— reimbursement to 28 department for transportation costs. 29 The department of corrections shall arrange for the return 30 of a work release client, or offender convicted of violating 31 chapter 321J , who escapes from the facility to which the 32 client is assigned or violates the conditions of supervision. 33 The client or offender shall reimburse the department of 34 corrections for the cost of transportation incurred because 35 -179- LSB 5023SV (3) 90 ss/ns 179/ 312
S.F. 2385 of the escape or violation. The amount of reimbursement 1 shall be the actual cost incurred by the department and shall 2 be credited to the support account from which the billing 3 occurred. The director of the department of corrections 4 shall recommend adopt rules pursuant to chapter 17A , subject 5 to approval by the board of corrections pursuant to section 6 904.105, subsection 7 , to implement this section . 7 Sec. 453. Section 915.82, subsection 2, Code 2024, is 8 amended to read as follows: 9 2. The board department shall adopt rules pursuant to 10 chapter 17A relating to program policies and procedures. 11 Sec. 454. 2023 Iowa Acts, chapter 19, section 2795, 12 subsection 3, paragraphs b and c, are amended to read as 13 follows: 14 b. The following are range 4 positions: chairperson and 15 members of the employment appeal board of the department of 16 inspections, appeals, and licensing, director of the Iowa 17 state office of civil rights commission , director of the 18 department for the blind, executive director of the ethics 19 and campaign disclosure board, executive director of the Iowa 20 public information board, and chairperson, vice chairperson, 21 and members of the board of parole. 22 c. The following are range 5 positions: state public 23 defender, labor commissioner, workers’ compensation 24 commissioner, and director of the law enforcement academy , and 25 executive director of the public employment relations board . 26 Sec. 455. REPEAL. Chapters 28B and 473A, Code 2024, are 27 repealed. 28 Sec. 456. REPEAL. Sections 7D.15, 8A.371, 8A.372, 8A.374, 29 8A.375, 8A.616, 15.117, 15.480, 15F.102, 20.5, 34A.15, 80E.2, 30 100C.10, 101C.12, 103.2, 103.3, 103.4, 103A.14, 105.3, 135.109, 31 135.173A, 147.16, 148I.7, 153.33A, 154A.7, 155A.2A, 170.2, 32 190C.2, 190C.2A, 203.11B, 206.23A, 206.23B, 237A.23, 252B.22, 33 256.15, 256.31, 256I.12, 267A.3, 273.15, 308.1, 312.3C, 312.3D, 34 328.13, 423.9A, 455B.150, 455B.151, 461A.79, 461A.80, 465C.3, 35 -180- LSB 5023SV (3) 90 ss/ns 180/ 312
S.F. 2385 465C.4, 465C.5, 465C.6, 465C.7, 466B.31, 475A.7, 481A.10A, 1 544B.3, 544B.4, 544C.2, 544C.4, 544C.8, 602.1511, 602.3101, 2 602.3102, 602.3103, 602.3104, 691.6B, 904.803, and 907B.3, Code 3 2024, are repealed. 4 Sec. 457. CODE EDITOR DIRECTIVE —— TERMINOLOGY CHANGES. 5 1. The Code editor is directed to change all references to 6 the “board of directors of the Iowa lottery” created in section 7 99G.8 to the “Iowa lottery commission” and all references to 8 “board” when referring to the board of directors of the Iowa 9 lottery created in section 99G.8 to “commission” wherever they 10 appear in the Code. 11 2. The Code editor is directed to change all references 12 to the “Iowa utilities board” created in section 474.1 to the 13 “Iowa utilities commission”, all references to “utilities 14 board” when referring to the Iowa utilities board created in 15 section 474.1 to “utilities commission”, and all references to 16 “board” when referring to the Iowa utilities board created in 17 section 474.1 to “commission” wherever they appear in the Code. 18 3. The Code editor is directed to make changes in any Code 19 sections amended or enacted by any other Act to correspond with 20 the changes made in this Act if there appears to be no doubt 21 as to the proper method of making the changes and the changes 22 would not be contrary to or inconsistent with the purposes of 23 this Act or any other Act. 24 Sec. 458. CERTIFICATE OF NEED PROCESS —— STUDY. The 25 department of health and human services, in consultation with 26 the department of inspections, appeals, and licensing, and with 27 the assistance of other interested parties, shall conduct a 28 study of the effectiveness of the existing certificate of need 29 process and shall make findings and recommendations related to 30 the continuation of the process or the implementation of a less 31 restrictive alternative. The department of health and human 32 services shall submit a report, including its findings and 33 recommendations, to the governor and the general assembly by 34 December 31, 2025. 35 -181- LSB 5023SV (3) 90 ss/ns 181/ 312
S.F. 2385 DIVISION IX 1 PUBLIC OFFICERS AND EMPLOYEES 2 Sec. 459. Section 69.15, subsection 1, unnumbered paragraph 3 1, Code 2024, is amended to read as follows: 4 Any person who has been appointed by the governor to any 5 board under the laws of this state shall be deemed to have 6 submitted a resignation from such office if either any of the 7 following events occurs: 8 Sec. 460. Section 69.15, subsection 1, Code 2024, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . c. Sufficient grounds exist that would 11 otherwise subject the person to removal by the executive 12 council pursuant to section 66.26. 13 Sec. 461. Section 69.15, subsection 2, Code 2024, is amended 14 to read as follows: 15 2. If With respect to subsection 1, paragraphs “a” and “b” , 16 if such person received no notice and had no knowledge of a 17 regular meeting and gives the governor a sworn statement to 18 that effect within ten days after the person learns of the 19 meeting, such meeting shall not be counted for the purposes of 20 this section . 21 DIVISION X 22 COUNCIL ON HEALTH AND HUMAN SERVICES 23 Sec. 462. Section 125.7, Code 2024, is amended to read as 24 follows: 25 125.7 Duties of the council. 26 The council shall: 27 1. Approve Make recommendations to the department regarding 28 the comprehensive substance use disorder program, developed by 29 the department pursuant to sections 125.1 through 125.3 , this 30 section , and sections 125.9 , 125.10 , 125.12 through 125.21 , 31 125.25 , 125.32 through 125.34 , and 125.37 through 125.43 . 32 2. Advise the department on policies governing the 33 performance of the department in the discharge of any duties 34 imposed on the department by law. 35 -182- LSB 5023SV (3) 90 ss/ns 182/ 312
S.F. 2385 3. Advise or make recommendations to the governor and the 1 general assembly relative to substance use disorder treatment, 2 intervention, education, and prevention programs in this state. 3 4. Adopt rules for subsections 1 and 6 and review other 4 rules necessary to carry out the provisions of this chapter , 5 subject to review in accordance with chapter 17A . 6 5. 4. Investigate the work of the department relating to 7 substance use disorder, and for this purpose the council shall 8 have access at any time to all books, papers, documents, and 9 records of the department. 10 6. 5. Consider and approve or disapprove make 11 recommendations to the department regarding the approval or 12 disapproval of all applications for a license and all cases 13 involving the renewal, denial, suspension, or revocation of a 14 license. 15 7. Act as the appeal board regarding funding decisions made 16 by the department. 17 Sec. 463. Section 125.10, subsections 1 and 11, Code 2024, 18 are amended to read as follows: 19 1. Prepare and submit a state plan subject to approval 20 by the council and in accordance with 42 U.S.C. §300x-21 et 21 seq. The state plan shall designate the department as the sole 22 agency for supervising the administration of the plan. 23 11. Develop and implement, with the counsel and approval 24 advice of the council, the comprehensive plan for treatment of 25 persons with a substance use disorder in accordance with this 26 chapter . 27 Sec. 464. Section 125.12, subsection 1, Code 2024, is 28 amended to read as follows: 29 1. The council shall review the comprehensive substance 30 use disorder program implemented by the department for 31 the treatment of persons with a substance use disorder and 32 concerned family members. Subject to Based on the review 33 of the council, the council shall make recommendations to 34 the director, and the director shall divide the state into 35 -183- LSB 5023SV (3) 90 ss/ns 183/ 312
S.F. 2385 appropriate regions for the conduct of the program and 1 establish standards for the development of the program on the 2 regional level. In establishing the regions, consideration 3 shall be given to city and county lines, population 4 concentrations, and existing substance use disorder treatment 5 services. 6 Sec. 465. Section 125.13, subsection 2, paragraphs a, b, i, 7 and j, Code 2024, are amended to read as follows: 8 a. A hospital providing care or treatment to persons with 9 a substance use disorder licensed under chapter 135B which is 10 accredited by the joint commission on the accreditation of 11 health care organizations, the commission on accreditation 12 of rehabilitation facilities, the American osteopathic 13 association, or another recognized organization approved by the 14 council department . All survey reports from the accrediting or 15 licensing body must be sent to the department. 16 b. Any practitioner of medicine and surgery or osteopathic 17 medicine and surgery, in the practitioner’s private practice. 18 However, a program shall not be exempted from licensing by the 19 council department by virtue of its utilization of the services 20 of a medical practitioner in its operation. 21 i. A substance use disorder treatment program not funded 22 by the department which is accredited or licensed by the joint 23 commission on the accreditation of health care organizations, 24 the commission on the accreditation of rehabilitation 25 facilities, the American osteopathic association, or another 26 recognized organization approved by the council department . 27 All survey reports from the accrediting or licensing body must 28 be sent to the department. 29 j. A hospital substance use disorder treatment program 30 that is accredited or licensed by the joint commission on the 31 accreditation of health care organizations, the commission on 32 the accreditation of rehabilitation facilities, the American 33 osteopathic association, or another recognized organization 34 approved by the council department . All survey reports for 35 -184- LSB 5023SV (3) 90 ss/ns 184/ 312
S.F. 2385 the hospital substance use disorder treatment program from the 1 accrediting or licensing body shall be sent to the department. 2 Sec. 466. Section 125.14, Code 2024, is amended to read as 3 follows: 4 125.14 Licenses —— renewal —— fees. 5 The council department shall consider all cases involving 6 initial issuance, and renewal, denial, suspension, or 7 revocation of a license. The department shall issue a license 8 to an applicant whom the council department determines meets 9 the licensing requirements of this chapter . Licenses shall 10 expire no later than three years from the date of issuance 11 and shall be renewed upon timely application made in the same 12 manner as for initial issuance of a license unless notice of 13 nonrenewal is given to the licensee at least thirty days prior 14 to the expiration of the license. The department shall not 15 charge a fee for licensing or renewal of programs contracting 16 with the department for provision of treatment services. A fee 17 may be charged to other licensees. 18 Sec. 467. Section 125.15A, subsection 1, paragraph b, Code 19 2024, is amended to read as follows: 20 b. The council department has suspended, revoked, or refused 21 to renew the existing license of the program. 22 Sec. 468. Section 125.16, Code 2024, is amended to read as 23 follows: 24 125.16 Transfer of license or change of location prohibited. 25 A license issued under this chapter may not be transferred, 26 and the location of the physical facilities occupied or 27 utilized by any program licensed under this chapter shall not 28 be changed without the prior written consent of the council 29 department . 30 Sec. 469. Section 125.17, Code 2024, is amended to read as 31 follows: 32 125.17 License suspension or revocation. 33 Violation of any of the requirements or restrictions 34 of this chapter or of any of the rules adopted pursuant to 35 -185- LSB 5023SV (3) 90 ss/ns 185/ 312
S.F. 2385 this chapter is cause for suspension, revocation, or refusal 1 to renew a license. The director shall at the earliest 2 time feasible notify a licensee whose license the council 3 department is considering suspending or revoking and shall 4 inform the licensee what changes must be made in the licensee’s 5 operation to avoid such action. The licensee shall be 6 given a reasonable time for compliance, as determined by the 7 director, after receiving such notice or a notice that the 8 council department does not intend to renew the license. When 9 the licensee believes compliance has been achieved, or if 10 the licensee considers the proposed suspension, revocation, 11 or refusal to renew unjustified, the licensee may submit 12 pertinent information to the council department and the council 13 department shall expeditiously make a decision in the matter 14 and notify the licensee of the decision. 15 Sec. 470. Section 125.18, Code 2024, is amended to read as 16 follows: 17 125.18 Hearing before council department . 18 If a licensee under this chapter makes a written request 19 for a hearing within thirty days of suspension, revocation, 20 or refusal to renew a license, a hearing before the council 21 department shall be expeditiously arranged by the department of 22 inspections, appeals, and licensing whose decision is subject 23 to review by the council department . The council department 24 shall issue a written statement of the council’s department’s 25 findings within thirty days after conclusion of the hearing 26 upholding or reversing the proposed suspension, revocation, 27 or refusal to renew a license. Action involving suspension, 28 revocation, or refusal to renew a license shall not be taken 29 by the council unless a quorum is present at the meeting. A 30 copy of the council’s department’s decision shall be promptly 31 transmitted to the affected licensee who may, if aggrieved 32 by the decision, seek judicial review of the actions of the 33 council department in accordance with the terms of chapter 17A . 34 Sec. 471. Section 125.19, Code 2024, is amended to read as 35 -186- LSB 5023SV (3) 90 ss/ns 186/ 312
S.F. 2385 follows: 1 125.19 Reissuance or reinstatement. 2 After suspension, revocation, or refusal to renew a license 3 pursuant to this chapter , the affected licensee shall not have 4 the license reissued or reinstated within one year of the 5 effective date of the suspension, revocation, or expiration 6 upon refusal to renew, unless the council department orders 7 otherwise. After that time, proof of compliance with the 8 requirements and restrictions of this chapter and the rules 9 adopted pursuant to this chapter must be presented to the 10 council department prior to reinstatement or reissuance of a 11 license. 12 Sec. 472. Section 125.21, subsection 1, Code 2024, is 13 amended to read as follows: 14 1. The council department has exclusive power in this state 15 to approve and license chemical substitutes and antagonists 16 programs, and to monitor chemical substitutes and antagonists 17 programs to ensure that the programs are operating within the 18 rules adopted pursuant to this chapter . The council department 19 shall grant approval and license if the requirements of the 20 rules are met and state funding is not requested. The chemical 21 substitutes and antagonists programs conducted by persons 22 exempt from the licensing requirements of this chapter pursuant 23 to section 125.13, subsection 2 , are subject to approval and 24 licensure under this section . 25 Sec. 473. Section 125.43A, Code 2024, is amended to read as 26 follows: 27 125.43A Prescreening —— exception. 28 Except in cases of medical emergency or court-ordered 29 admissions, a person shall be admitted to a state mental health 30 institute for treatment of a substance use disorder only after 31 a preliminary intake and assessment by a department-licensed 32 treatment facility or a hospital providing care or treatment 33 for persons with a substance use disorder licensed under 34 chapter 135B and accredited by the joint commission on the 35 -187- LSB 5023SV (3) 90 ss/ns 187/ 312
S.F. 2385 accreditation of health care organizations, the commission 1 on accreditation of rehabilitation facilities, the American 2 osteopathic association, or another recognized organization 3 approved by the council department , or by a designee of a 4 department-licensed treatment facility or a hospital other 5 than a state mental health institute, which confirms that the 6 admission is appropriate to the person’s substance use disorder 7 service needs. A county board of supervisors may seek an 8 admission of a patient to a state mental health institute who 9 has not been confirmed for appropriate admission and the county 10 shall be responsible for one hundred percent of the cost of 11 treatment and services of the patient. 12 Sec. 474. Section 125.58, subsection 1, Code 2024, is 13 amended to read as follows: 14 1. If the department has probable cause to believe that 15 an institution, place, building, or agency not licensed 16 as a substance use disorder treatment and rehabilitation 17 facility is in fact a substance use disorder treatment and 18 rehabilitation facility as defined by this chapter , and 19 is not exempt from licensing by section 125.13, subsection 20 2 , the council department may order an inspection of the 21 institution, place, building, or agency. If the inspector 22 upon presenting proper identification is denied entry for the 23 purpose of making the inspection, the inspector may, with 24 the assistance of the county attorney of the county in which 25 the premises are located, apply to the district court for an 26 order requiring the owner or occupant to permit entry and 27 inspection of the premises to determine whether there have been 28 violations of this chapter . The investigation may include 29 review of records, reports, and documents maintained by the 30 facility and interviews with staff members consistent with the 31 confidentiality safeguards of state and federal law. 32 Sec. 475. Section 135.141, subsection 2, paragraph i, Code 33 2024, is amended to read as follows: 34 i. Adopt rules pursuant to chapter 17A for the 35 -188- LSB 5023SV (3) 90 ss/ns 188/ 312
S.F. 2385 administration of this subchapter including rules adopted in 1 cooperation with the Iowa pharmacy association and the Iowa 2 hospital association for the development of a surveillance 3 system to monitor supplies of drugs, antidotes, and vaccines to 4 assist in detecting a potential public health disaster. Prior 5 to adoption, the rules shall be approved by the council on 6 health and human services and the director of the department of 7 homeland security and emergency management. 8 Sec. 476. Section 135A.8, subsection 4, Code 2024, is 9 amended to read as follows: 10 4. A local board of health seeking matching funds or grants 11 under this section shall apply to the department. The council 12 on health and human services department shall adopt rules 13 concerning the application and award process for the allocation 14 of moneys in the fund and shall establish the criteria for the 15 allocation of moneys in the fund if the moneys are insufficient 16 to meet the needs of local boards of health. 17 Sec. 477. Section 135A.9, unnumbered paragraph 1, Code 18 2024, is amended to read as follows: 19 The council on health and human services department shall 20 adopt rules pursuant to chapter 17A to implement this chapter 21 which shall include but are not limited to the following: 22 Sec. 478. Section 135B.7, subsection 1, paragraph a, Code 23 2024, is amended to read as follows: 24 a. The department , with the approval of the council on 25 health and human services, shall adopt rules setting out the 26 standards for the different types of hospitals and for rural 27 emergency hospitals to be licensed under this chapter . The 28 department shall enforce the rules. 29 Sec. 479. Section 135C.14, unnumbered paragraph 1, Code 30 2024, is amended to read as follows: 31 The department shall, in accordance with chapter 17A and 32 with the approval of the council on health and human services , 33 adopt and enforce rules setting minimum standards for health 34 care facilities. In so doing, the department , with the 35 -189- LSB 5023SV (3) 90 ss/ns 189/ 312
S.F. 2385 approval of the council on health and human services, may 1 adopt by reference, with or without amendment, nationally 2 recognized standards and rules, which shall be specified by 3 title and edition, date of publication, or similar information. 4 The rules and standards required by this section shall be 5 formulated in consultation with the director of health and 6 human services or the director of health and human services’ 7 designee, with the director, and with affected industry, 8 professional, and consumer groups, and shall be designed to 9 further the accomplishment of the purposes of this chapter and 10 shall relate to: 11 Sec. 480. Section 135J.7, Code 2024, is amended to read as 12 follows: 13 135J.7 Rules. 14 Except as otherwise provided in this chapter , the department 15 shall adopt rules pursuant to chapter 17A necessary to 16 implement this chapter , subject to approval of the council 17 on health and human services . Formulation of the rules 18 shall include consultation with Iowa hospice organization 19 representatives and other persons affected by this chapter . 20 Sec. 481. Section 135R.4, subsection 1, Code 2024, is 21 amended to read as follows: 22 1. The department, with the advice and approval of the 23 council on health and human services, shall adopt rules 24 specifying the standards for ambulatory surgical centers to be 25 licensed under this chapter . The rules shall be consistent 26 with and shall not exceed the requirements of this chapter and 27 the conditions for coverage in the federal Medicare program for 28 ambulatory surgical centers under 42 C.F.R. pt. 416 . 29 Sec. 482. Section 137.104, subsection 1, paragraph b, 30 unnumbered paragraph 1, Code 2024, is amended to read as 31 follows: 32 Make and enforce such reasonable rules and regulations not 33 inconsistent with law and the rules of the council department 34 as may be necessary for the protection and improvement of the 35 -190- LSB 5023SV (3) 90 ss/ns 190/ 312
S.F. 2385 public health. 1 Sec. 483. Section 137.105, subsection 1, paragraph f, Code 2 2024, is amended to read as follows: 3 f. A local board of health member shall serve without 4 compensation, but may be reimbursed for necessary expenses in 5 accordance with rules established by the council department or 6 the applicable jurisdiction. 7 Sec. 484. Section 137.107, Code 2024, is amended to read as 8 follows: 9 137.107 Request reviewed by state department. 10 The state department shall review requests submitted 11 pursuant to section 137.106 . The state department, upon 12 finding that all required elements are present, shall present 13 findings to the council. The council may approve the formation 14 of a district board and if the formation is approved, shall 15 notify the county boards from whom the request was received. 16 Sec. 485. Section 137.114, Code 2024, is amended to read as 17 follows: 18 137.114 Withdrawal from district. 19 A county may withdraw from an existing district board upon 20 submission of a request for withdrawal to and approval by 21 the state department. The request shall include a plan to 22 reform its county board or join a different district board, 23 information specified in section 137.106 , and approval of the 24 request by the district board and, at the recommendation of 25 the state department, the council . Any county choosing to 26 withdraw from the district board shall commit to the continuity 27 of services in its county by reestablishing its county 28 board or joining a different district board. The remaining 29 counties in the district shall submit an application including 30 the information specified in section 137.106 to the state 31 department for review as provided in section 137.107 . 32 Sec. 486. Section 137.119, Code 2024, is amended to read as 33 follows: 34 137.119 Adoption of rules. 35 -191- LSB 5023SV (3) 90 ss/ns 191/ 312
S.F. 2385 The council department shall adopt rules to implement this 1 chapter . The department is vested with discretionary authority 2 to interpret the provisions of this chapter . 3 Sec. 487. Section 139A.8, subsection 3, Code 2024, is 4 amended to read as follows: 5 3. Subject to the provision of subsection 4 , the council on 6 health and human services department may modify or delete any 7 of the immunizations in subsection 2 . 8 Sec. 488. Section 139A.8, subsection 4, paragraph b, Code 9 2024, is amended to read as follows: 10 b. The exemptions under this subsection do not apply in 11 times of emergency or epidemic as determined by the council on 12 health and human services and as declared by the director of 13 health and human services . 14 Sec. 489. Section 139A.9, Code 2024, is amended to read as 15 follows: 16 139A.9 Forcible removal —— isolation —— quarantine. 17 The forcible removal and isolation or quarantine of any 18 infected person shall be accomplished according to the rules 19 and regulations of the local board or the rules of the council 20 on health and human services department . 21 Sec. 490. Section 141A.2, subsection 6, Code 2024, is 22 amended to read as follows: 23 6. The department , with the approval of the council 24 on health and human services, may conduct epidemiological 25 blinded and nonblinded studies to determine the incidence 26 and prevalence of HIV infection. Initiation of any new 27 epidemiological studies shall be contingent upon the receipt 28 of funding sufficient to cover all the costs associated with 29 the studies. The informed consent, reporting, and counseling 30 requirements of this chapter shall not apply to blinded 31 studies. 32 Sec. 491. Section 217.2, subsection 1, paragraph a, Code 33 2024, is amended to read as follows: 34 a. There is created within the department a council on 35 -192- LSB 5023SV (3) 90 ss/ns 192/ 312
S.F. 2385 health and human services which shall act in a policymaking and 1 an advisory capacity on matters within the jurisdiction of the 2 department. The council shall consist of nine voting members 3 appointed by the governor subject to confirmation by the 4 senate. Appointments shall be made on the basis of interest 5 in public affairs, good judgment, and knowledge and ability in 6 the field of health and human services. Appointments shall 7 be made to provide a diversity of interest and point of view 8 in the membership and without regard to religious opinions or 9 affiliations. The voting members of the council shall serve 10 for six-year staggered terms. 11 Sec. 492. Section 217.3, Code 2024, is amended to read as 12 follows: 13 217.3 Duties of council. 14 The council shall: 15 1. Organize annually and select a chairperson and vice 16 chairperson. 17 2. Adopt and establish policy for the operation and Advise 18 the department on conduct of the department , subject to any 19 guidelines which may be adopted by the general assembly, and 20 the implementation of all services and programs administered 21 by the department. 22 3. Report immediately to the governor any failure by 23 the department to carry out any of the policy decisions or 24 directives of the council department . 25 4. Approve Advise and make recommendations to the 26 department on the budget of the department prior to submission 27 to the governor. Prior to approval of making recommendations 28 on the budget, the council shall publicize and hold a public 29 hearing to provide explanations and hear questions, opinions, 30 and suggestions regarding the budget. Invitations to the 31 hearing shall be extended to the governor, the governor-elect, 32 the director of the department of management, and other persons 33 deemed by the council as integral to the budget process. The 34 budget materials submitted to the governor shall include a 35 -193- LSB 5023SV (3) 90 ss/ns 193/ 312
S.F. 2385 review of options recommendations for revising the medical 1 assistance program made available by federal action or by 2 actions implemented by other states as identified by the 3 department, the medical assistance advisory council created in 4 section 249A.4B , and by county representatives. The review 5 shall address what potential revisions could be made in this 6 state and how the changes would be beneficial to Iowans. 7 5. Insure Make recommendations to the department to ensure 8 that all programs administered or services rendered by the 9 department directly to any citizen or through a local agency 10 to any citizen are coordinated and integrated so that any 11 citizen does not receive a duplication of services from various 12 departments or local agencies that could be rendered by one 13 department or local agency. If the council finds that such 14 is not the case, it shall hear and determine which department 15 or local agency shall provide the needed service or services 16 and enter an order of their determination by resolution of 17 the council which must be concurred in by at least a majority 18 of the members. Thereafter such order or resolution of the 19 council shall be obeyed by all state departments and local 20 agencies to which it is directed. 21 6. Adopt all necessary rules recommended by the department 22 prior to their promulgation pursuant to chapter 17A . 23 7. 6. Recommend to the governor the names of individuals 24 qualified for the position of director when a vacancy exists 25 in the office. 26 Sec. 493. Section 217.3A, Code 2024, is amended to read as 27 follows: 28 217.3A Advisory committees. 29 The council may establish and utilize other ad hoc 30 advisory committees as determined necessary to advise the 31 council related to the subject matter under the purview 32 of the department, including but not limited to child and 33 family services, behavioral health, public health, and the 34 department’s interactions with the juvenile justice system . 35 -194- LSB 5023SV (3) 90 ss/ns 194/ 312
S.F. 2385 The council shall establish appointment provisions, membership 1 terms, operating guidelines, and other operational requirements 2 for committees established pursuant to this section . 3 Sec. 494. Section 217.6, Code 2024, is amended to read as 4 follows: 5 217.6 Rules and regulations —— organization of department. 6 1. The director may recommend submit to the council for 7 adoption review and recommendation, rules and regulations 8 necessary to administer the duties, functions, and programs 9 of the department. Any action taken, decision made, or 10 administrative rule adopted may be reviewed by the director. 11 The director, upon may consider such review, may affirm, 12 modify, or reverse any such action, decision, or rule 13 recommendations in adopting rules for the department . 14 2. The rules and regulations adopted for the public benefits 15 and programs administered by the department shall apply the 16 residency eligibility restrictions required by federal and 17 state law. 18 3. The director shall organize the department into subunits 19 as necessary to most efficiently carry out the intent of this 20 chapter and any other chapter the department is responsible for 21 administering. 22 4. If the department requires or requests a service 23 consumer, service provider, or other person to maintain 24 required documentation in electronic form, the department shall 25 accept such documentation submitted by electronic means and 26 shall not require a physical copy of the documentation unless 27 required by state or federal law. 28 Sec. 495. Section 218.4, subsections 1 and 2, Code 2024, are 29 amended to read as follows: 30 1. The department shall recommend to the council for 31 adoption adopt rules not inconsistent with law as necessary 32 for the management of the institutions and the admission, 33 treatment, care, custody, education and discharge of residents. 34 It is the duty of the department to establish rules by which 35 -195- LSB 5023SV (3) 90 ss/ns 195/ 312
S.F. 2385 danger to life and property from fire will be minimized. The 1 department may require any appointees to perform duties in 2 addition to those required by statute. 3 2. Rules adopted by the council department pursuant 4 to chapter 17A shall be uniform and shall apply to all 5 institutions under the department’s jurisdiction. The primary 6 rules for use in institutions where persons with mental illness 7 are served shall, unless otherwise indicated, uniformly apply 8 to county or private hospitals in which persons with mental 9 illness are served, but the rules shall not interfere with 10 proper medical treatment administered to such persons by 11 competent physicians. Annually, signed copies of the rules 12 shall be sent to the superintendent of each institution. 13 Copies shall also be sent to the clerk of each district court, 14 the chairperson of the board of supervisors of each county and, 15 as appropriate, to the officer in charge of institutions or 16 hospitals caring for persons with mental illness in each county 17 who shall be responsible for seeing that the rules are posted 18 in each institution or hospital in a prominent place. The 19 rules shall be kept current to meet the public need and shall 20 be revised and published annually. 21 Sec. 496. Section 222.1, subsection 2, Code 2024, is amended 22 to read as follows: 23 2. The Glenwood state resource center and the Woodward 24 state resource center are established and shall be maintained 25 as the state’s regional resource centers for the purpose of 26 providing treatment, training, instruction, care, habilitation, 27 and support of persons with an intellectual disability or other 28 disabilities in this state, and providing facilities, services, 29 and other support to the communities located in the region 30 being served by a state resource center. In addition, the 31 state resource centers are encouraged to serve as a training 32 resource for community-based program staff, medical students, 33 and other participants in professional education programs. 34 A resource center may request the approval of the council 35 -196- LSB 5023SV (3) 90 ss/ns 196/ 312
S.F. 2385 department to change the name of the resource center for use in 1 communication with the public, in signage, and in other forms 2 of communication. 3 Sec. 497. Section 222.2, Code 2024, is amended to read as 4 follows: 5 222.2 Definitions. 6 When used in this chapter , unless the context otherwise 7 requires: 8 1. “Auditor” means the county auditor or the auditor’s 9 designee. 10 2. “Council” means the council on health and human services. 11 3. 2. “Department” means the department of health and human 12 services. 13 4. 3. “Director” means the director of health and human 14 services. 15 5. 4. “Intellectual disability” means the same as defined 16 in section 4.1 . 17 6. 5. “Mental health and disability services region” means 18 a mental health and disability services region formed in 19 accordance with section 225C.56 . 20 7. 6. “Regional administrator” means the regional 21 administrator of a mental health and disability services 22 region, as defined in section 225C.55 . 23 8. 7. “Special unit” means a special intellectual 24 disability unit established at a state mental health institute 25 pursuant to sections 222.88 through 222.91 . 26 9. 8. “State resource centers” or “resource centers” means 27 the Glenwood state resource center and the Woodward state 28 resource center. 29 10. 9. “Superintendents” means the superintendents of the 30 state resource centers. 31 Sec. 498. Section 225.33, Code 2024, is amended to read as 32 follows: 33 225.33 Death of patient —— disposal of body. 34 When a committed public patient or a voluntary public 35 -197- LSB 5023SV (3) 90 ss/ns 197/ 312
S.F. 2385 patient or a committed private patient dies while at the state 1 psychiatric hospital or at the university hospital, the state 2 psychiatric hospital shall have the body prepared for shipment 3 in accordance with the rules prescribed by the council on 4 department of health and human services for shipping such 5 bodies. It is the duty of the state board of regents to make 6 arrangements for the embalming and such other preparation as 7 necessary to comply with the rules and for the purchase of 8 suitable caskets. 9 Sec. 499. Section 225C.49, subsection 1, unnumbered 10 paragraph 1, Code 2024, is amended to read as follows: 11 The department shall provide coordination of the programs 12 administered by the department which serve individuals with a 13 disability and the individuals’ families, including but not 14 limited to the following juvenile justice and child welfare 15 services: family-centered services described under section 16 232.102 , decategorization of child welfare funding provided 17 for under section 232.188 , and foster care services paid under 18 section 234.35, subsection 3 . The department shall regularly 19 review administrative rules associated with such programs and 20 make recommendations to the council, governor , and general 21 assembly for revisions to remove barriers to the programs for 22 individuals with a disability and the individuals’ families 23 including the following: 24 Sec. 500. Section 226.1, subsections 3 and 4, Code 2024, are 25 amended to read as follows: 26 3. A mental health institute may request the approval of the 27 council department to change the name of the institution for 28 use in communication with the public, in signage, and in other 29 forms of communication. 30 4. For the purposes of this chapter , unless the context 31 otherwise requires: 32 a. “Council” means the council on health and human services. 33 b. a. “Department” means the department of health and human 34 services. 35 -198- LSB 5023SV (3) 90 ss/ns 198/ 312
S.F. 2385 c. b. “Director” means the director of health and human 1 services. 2 d. c. “Mental health and disability services region” means 3 a mental health and disability services region formed in 4 accordance with section 225C.56 . 5 e. d. “Mental health institute” or “state mental health 6 institute” means a state hospital for persons with mental 7 illness as designated in this chapter . 8 f. e. “Regional administrator” means the same as defined 9 in section 225C.55 . 10 Sec. 501. Section 234.1, Code 2024, is amended to read as 11 follows: 12 234.1 Definitions. 13 As used in this chapter , unless the context otherwise 14 requires: 15 1. “Child” means either a person less than eighteen years of 16 age or a person eighteen, nineteen, or twenty years of age who 17 meets all of the following conditions: 18 a. The person was placed by court order issued pursuant 19 to chapter 232 in foster care or in an institution listed in 20 section 218.1 and either of the following situations apply to 21 the person: 22 (1) After reaching eighteen years of age, the person 23 has remained continuously and voluntarily under the care 24 of an individual, as defined in section 237.1 , licensed to 25 provide foster care pursuant to chapter 237 or in a supervised 26 apartment living arrangement, in this state. 27 (2) The person aged out of foster care after reaching 28 eighteen years of age and subsequently voluntarily applied for 29 placement with an individual, as defined in section 237.1 , 30 licensed to provide foster care pursuant to chapter 237 or for 31 placement in a supervised apartment living arrangement, in this 32 state. 33 b. The person has demonstrated a willingness to participate 34 in case planning and to complete the responsibilities 35 -199- LSB 5023SV (3) 90 ss/ns 199/ 312
S.F. 2385 prescribed in the person’s case permanency plan. 1 c. The department has made an application for the person 2 for adult services upon a determination that it is likely the 3 person will need or be eligible for services or other support 4 from the adult services system. 5 2. “Council” means the council on health and human services. 6 3. 2. “Department” means the department of health and human 7 services. 8 4. 3. “Director” means the director of health and human 9 services. 10 5. 4. “Food programs” means the supplemental nutrition 11 assistance program and donated foods programs authorized by 12 federal law under the United States department of agriculture. 13 6. 5. “Supplemental nutrition assistance program” or “SNAP” 14 means benefits provided by the federal program administered 15 through 7 C.F.R. pts. 270 283 , as amended. 16 Sec. 502. Section 234.6, subsection 1, unnumbered paragraph 17 1, Code 2024, is amended to read as follows: 18 The director shall administer the family investment program, 19 state supplementary assistance, food programs, child welfare, 20 and emergency relief, family and adult service programs, and 21 any other form of public assistance and institutions that are 22 placed under the director’s administration. The director shall 23 perform duties, formulate and adopt rules as necessary, and 24 outline policies, dictate procedure, and delegate powers as 25 necessary for competent and efficient administration. Subject 26 to restrictions that may be imposed by the council, the The 27 director may abolish, alter, consolidate, or establish subunits 28 and abolish or change existing subunits. The director may 29 employ necessary personnel and determine their compensation; 30 may allocate or reallocate functions and duties among subunits; 31 and may adopt rules relating to the employment of personnel 32 and the allocation of their functions and duties among the 33 various subunits as required for competent and efficient 34 administration. The director shall do all of the following: 35 -200- LSB 5023SV (3) 90 ss/ns 200/ 312
S.F. 2385 Sec. 503. Section 234.6, subsection 1, paragraphs d and h, 1 Code 2024, are amended to read as follows: 2 d. Notwithstanding any provisions to the contrary in chapter 3 239B relating to the consideration of income and resources of 4 claimants for assistance, and with the consent and approval of 5 the council, adopt rules necessary to qualify for federal aid 6 in the assistance programs administered by the director. 7 h. Recommend Adopt rules for their adoption by the council 8 for before and after school child care programs, conducted 9 within and by or contracted for by school districts, that are 10 appropriate for the ages of the children who receive services 11 under the programs. 12 Sec. 504. Section 237.1, Code 2024, is amended to read as 13 follows: 14 237.1 Definitions. 15 As used in this chapter : 16 1. “Agency” means a person which provides child foster care 17 and which does not meet the definition of an individual as 18 defined under this section . 19 2. “Child” means child as defined in section 234.1 . 20 3. “Child foster care” means the provision of parental 21 nurturing, including but not limited to the furnishing of 22 food, lodging, training, education, supervision, treatment, 23 or other care, to a child on a full-time basis by a person, 24 including a relative of the child if the relative is licensed 25 under this chapter , but not including a guardian of the child. 26 “Child foster care” does not include any of the following care 27 situations: 28 a. Care furnished by an individual person who receives the 29 child of a personal friend as an occasional and personal guest 30 in the individual person’s home, free of charge and not as a 31 business. 32 b. Care furnished by an individual person with whom a child 33 has been placed for lawful adoption, unless that adoption is 34 not completed within two years after placement. 35 -201- LSB 5023SV (3) 90 ss/ns 201/ 312
S.F. 2385 c. Care furnished by a private boarding school subject to 1 approval by the state board of education pursuant to section 2 256.11 . 3 d. Child care furnished by a child care center, a child 4 development home, or a child care home as defined in section 5 237A.1 . 6 e. Care furnished in a hospital licensed under chapter 135B 7 or care furnished in a nursing facility licensed under chapter 8 135C . 9 f. Care furnished by a relative of a child or an individual 10 person with a meaningful relationship with the child where the 11 child is not under the placement, care, or supervision of the 12 department. 13 4. “Council” means the council on health and human services. 14 5. 4. “Department” means the department of health and human 15 services. 16 6. 5. “Director” means the director of health and human 17 services. 18 7. 6. “Facility” means the personnel, program, physical 19 plant, and equipment of a licensee. 20 8. 7. “Individual” means an individual person or a married 21 couple who provides child foster care in a single-family home 22 environment and which does not meet the definition of an agency 23 under this section . 24 9. 8. “Licensee” means an individual or an agency licensed 25 under this chapter . 26 10. 9. “Reasonable and prudent parent standard” means 27 the standard characterized by careful and sensible parenting 28 decisions that maintain the health, safety, and best interests 29 of a child, while at the same time encouraging the emotional 30 and developmental growth of a child, that a caregiver shall 31 use when determining whether to allow a child in foster care 32 under the placement, care, or supervision of the department to 33 participate in extracurricular, enrichment, cultural, or social 34 activities. For the purposes of this subsection , “caregiver” 35 -202- LSB 5023SV (3) 90 ss/ns 202/ 312
S.F. 2385 means an individual or an agency licensed under this chapter 1 with which a child in foster care has been placed or a juvenile 2 shelter care home approved under chapter 232 in which a child 3 in foster care has been placed. 4 Sec. 505. Section 237.3, subsection 1, Code 2024, is amended 5 to read as follows: 6 1. Except as otherwise provided by subsections 3 and 4 , 7 the department shall promulgate, after their adoption by the 8 council, adopt and enforce in accordance with chapter 17A , 9 administrative rules necessary to implement this chapter . 10 Formulation of the rules shall include consultation with 11 representatives of child foster care providers and other 12 persons affected by this chapter . The rules shall encourage 13 the provision of child foster care in a single-family, home 14 environment, exempting the single-family, home facility from 15 inappropriate rules. 16 Sec. 506. Section 237A.1, Code 2024, is amended to read as 17 follows: 18 237A.1 Definitions. 19 As used in this chapter unless the context otherwise 20 requires: 21 1. “Child” means either of the following: 22 a. A person twelve years of age or younger. 23 b. A person thirteen years of age or older but younger than 24 nineteen years of age who has a developmental disability as 25 defined under the federal Developmental Disabilities Assistance 26 and Bill of Rights Act of 2000, Pub. L. No. 106-402, as 27 codified in 42 U.S.C. §15002(8). 28 2. “Child care” means the care, supervision, and guidance of 29 a child by a person other than the child’s parent, guardian, 30 or custodian for periods of less than twenty-four hours per 31 day per child on a regular basis, but does not include care, 32 supervision, and guidance of a child by any of the following: 33 a. An instructional program for children who are attending 34 prekindergarten as defined by the state board of education 35 -203- LSB 5023SV (3) 90 ss/ns 203/ 312
S.F. 2385 under section 256.11 or a higher grade level and are at least 1 four years of age, or are at least three years of age and 2 eligible for special education under chapter 256B , administered 3 by any of the following: 4 (1) A public or nonpublic school system accredited by the 5 department of education or the state board of regents. 6 (2) A nonpublic school system which is not accredited by the 7 department of education or the state board of regents. 8 b. Any of the following church-related programs: 9 (1) An instructional program. 10 (2) A youth program other than a preschool, before or after 11 school child care program, or other child care program. 12 (3) A program providing care to children on church premises 13 while the children’s parents are attending church-related or 14 church-sponsored activities on the church premises. 15 c. Short-term classes of less than two weeks’ duration held 16 between school terms or during a break within a school term. 17 d. A child care center for sick children operated as part of 18 a pediatrics unit in a hospital licensed by the department of 19 inspections, appeals, and licensing pursuant to chapter 135B . 20 e. A program operated not more than one day per week by 21 volunteers which meets all of the following conditions: 22 (1) Not more than eleven children are served per volunteer. 23 (2) The program operates for less than four hours during any 24 twenty-four-hour period. 25 (3) The program is provided at no cost to the children’s 26 parent, guardian, or custodian. 27 f. A program administered by a political subdivision of the 28 state which is primarily for recreational or social purposes 29 and is limited to children who are five years of age or older 30 and attending school. 31 g. An after school program continuously offered throughout 32 the school year calendar to children who are at least five 33 years of age and are enrolled in school, and attend the program 34 intermittently or a summer-only program for such children. The 35 -204- LSB 5023SV (3) 90 ss/ns 204/ 312
S.F. 2385 program must be provided through a nominal membership fee or 1 at no cost. 2 h. A special activity program which meets less than four 3 hours per day for the sole purpose of the special activity. 4 Special activity programs include but are not limited to music 5 or dance classes, organized athletic or sports programs, 6 recreational classes, scouting programs, and hobby or craft 7 clubs or classes. 8 i. A nationally accredited camp. 9 j. A structured program for the purpose of providing 10 therapeutic, rehabilitative, or supervisory services to 11 children under any of the following: 12 (1) A purchase of service or managed care contract with the 13 department. 14 (2) A contract approved by a governance board of a 15 decategorization of child welfare and juvenile justice funding 16 project created under section 232.188 . 17 (3) An arrangement approved by a juvenile court order. 18 k. Care provided on-site to children of parents residing in 19 an emergency, homeless, or domestic violence shelter. 20 l. A child care facility providing respite care to a 21 licensed foster family home for a period of twenty-four hours 22 or more to a child who is placed with that licensed foster 23 family home. 24 m. A program offered to a child whose parent, guardian, 25 or custodian is engaged solely in a recreational or social 26 activity, remains immediately available and accessible on the 27 physical premises on which the child’s care is provided, and 28 does not engage in employment while the care is provided. 29 However, if the recreational or social activity is provided 30 in a fitness center or on the premises of a nonprofit 31 organization, the parent, guardian, or custodian of the child 32 may be employed to teach or lead the activity. 33 3. “Child care center” or “center” means a facility 34 providing child care or preschool services for seven or more 35 -205- LSB 5023SV (3) 90 ss/ns 205/ 312
S.F. 2385 children, except when the facility is registered as a child 1 development home. 2 4. “Child care facility” or “facility” means a child care 3 center, preschool, or a registered child development home. 4 5. “Child care home” means a person or program providing 5 child care to any of the following children at any one time 6 that is not registered to provide child care under this 7 chapter , as authorized under section 237A.3 : 8 a. Five or fewer children. 9 b. Six or fewer children, if at least one of the children 10 is school-aged. 11 6. “Child development home” means a person or program 12 registered under section 237A.3A that may provide child care to 13 seven or more children at any one time. 14 7. “Children needing special needs care” or “special needs 15 child” means a child or children with one or more of the 16 following conditions: 17 a. The child has been diagnosed by a physician or by a 18 person endorsed for service as a school psychologist by the 19 department of education to have a developmental disability 20 which substantially limits one or more major life activities, 21 and the child requires professional treatment, assistance in 22 self-care, or the purchase of special adaptive equipment. 23 b. The child has been determined by a qualified intellectual 24 disability professional to have a condition which impairs the 25 child’s intellectual and social functioning. 26 c. The child has been diagnosed by a mental health 27 professional to have a behavioral or emotional disorder 28 characterized by situationally inappropriate behavior which 29 deviates substantially from behavior appropriate to the 30 child’s age, or which significantly interferes with the child’s 31 intellectual, social, or personal development. 32 8. “Council” means the council on health and human services. 33 9. 8. “Department” means the department of health and human 34 services. 35 -206- LSB 5023SV (3) 90 ss/ns 206/ 312
S.F. 2385 10. 9. “Director” means the director of health and human 1 services. 2 11. 10. “Infant” means a child who is less than twenty-four 3 months of age. 4 12. 11. “Involvement with child care” means licensed 5 or registered under this chapter , employed in a child care 6 facility, residing in a child care facility, receiving public 7 funding for providing child care, or providing child care as a 8 child care home provider, or residing in a child care home. 9 13. 12. “Licensed center” means a center issued a full 10 or provisional license by the department under the provisions 11 of this chapter or a center for which a license is being 12 processed. 13 14. 13. “Poverty level” means the poverty level defined by 14 the most recently revised poverty income guidelines published 15 by the United States department of health and human services. 16 15. 14. “Preschool” means a child care facility which 17 provides to children ages three through five, for periods of 18 time not exceeding three hours per day, programs designed 19 to help the children to develop intellectual skills, social 20 skills, and motor skills, and to extend their interest and 21 understanding of the world about them. 22 16. 15. “School” means kindergarten or a higher grade 23 level. 24 17. “State child care advisory committee” means the state 25 child care advisory committee established pursuant to section 26 135.173A . 27 Sec. 507. Section 238.1, Code 2024, is amended to read as 28 follows: 29 238.1 Definitions. 30 For the purpose of this chapter unless the context otherwise 31 requires: 32 1. “Child” means the same as defined in section 234.1 . 33 2. “Child-placing agency” or “agency” means any agency, 34 whether public, semipublic, or private, which represents that 35 -207- LSB 5023SV (3) 90 ss/ns 207/ 312
S.F. 2385 the agency places children permanently or temporarily in 1 private family homes or receives children for placement in 2 private family homes, or which actually engages for gain or 3 otherwise in the placement of children in private family homes. 4 “Agency” includes individuals, institutions, partnerships, 5 voluntary associations, and corporations, other than 6 institutions under the management or control of the department. 7 3. “Council” means the council on health and human services. 8 4. 3. “Department” means the department of health and human 9 services. 10 5. 4. “Director” means the director of health and human 11 services. 12 Sec. 508. Section 238.12, Code 2024, is amended to read as 13 follows: 14 238.12 Appeal —— judicial review. 15 1. A licensee aggrieved by a decision of the department 16 revoking the licensee’s license may appeal to the council 17 department in the manner prescribed by the council department . 18 The council department shall, upon receipt of such an appeal, 19 give the licensee reasonable notice and opportunity for a fair 20 hearing before the council or its duly department’s authorized 21 representative. Following the hearing , the council department 22 shall take final action and notify the licensee in writing. 23 2. Judicial review of the actions of the council department 24 may be sought in accordance with the terms of chapter 17A . 25 Sec. 509. Section 249.1, Code 2024, is amended to read as 26 follows: 27 249.1 Definitions. 28 As used in this chapter : 29 1. “Council” means the council on health and human services. 30 2. 1. “Department” means the department of health and human 31 services. 32 3. 2. “Director” means the director of health and human 33 services. 34 4. 3. “Federal supplemental security income” means cash 35 -208- LSB 5023SV (3) 90 ss/ns 208/ 312
S.F. 2385 payments made to individuals by the United States government 1 under Tit. XVI of the Social Security Act as amended by Pub. L. 2 No. 92-603, or any other amendments thereto. 3 5. 4. “Previous categorical assistance programs” means the 4 aid to the blind program authorized by chapter 241 , the aid to 5 the disabled program authorized by chapter 241A and the old-age 6 assistance program authorized by chapter 249, Code 1973 . 7 6. 5. “State supplementary assistance” means cash payments 8 made to individuals: 9 a. By the United States government on behalf of the state of 10 Iowa pursuant to section 249.2 . 11 b. By the state of Iowa directly pursuant to sections 249.3 12 through 249.5 . 13 Sec. 510. Section 249.4, subsection 1, Code 2024, is amended 14 to read as follows: 15 1. Applications for state supplementary assistance shall 16 be made in the form and manner prescribed by the director or 17 the director’s designee , with the approval of the council, 18 pursuant to chapter 17A . Each person who applies and is found 19 eligible under section 249.3 shall, so long as the person’s 20 eligibility continues, receive state supplementary assistance 21 on a monthly basis, from funds appropriated to the department 22 for the purpose. 23 Sec. 511. Section 249A.4B, subsections 1 and 7, Code 2024, 24 are amended to read as follows: 25 1. A medical assistance advisory council is created to 26 comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of 27 the federal Social Security Act and to advise the director 28 about health and medical care services under the medical 29 assistance program. The council shall meet no more than 30 quarterly as necessary . The director’s designee responsible 31 for public health or their designee and a public member of the 32 council selected by the public members of the council shall 33 serve as co-chairpersons of the council. 34 7. The director shall consider the recommendations offered 35 -209- LSB 5023SV (3) 90 ss/ns 209/ 312
S.F. 2385 by the council in the director’s preparation of the medical 1 assistance budget recommendations to the council on health and 2 human services pursuant to section 217.3 and in implementation 3 of medical assistance program policies. 4 Sec. 512. Section 331.304, subsection 9, Code 2024, is 5 amended to read as follows: 6 9. A county shall not adopt or enforce any ordinance 7 imposing any registration or licensing system or registration 8 or license fees for or relating to owner-occupied manufactured 9 or mobile homes including the lots, lands, or manufactured 10 home community or mobile home park upon or in which they are 11 located. A county shall not adopt or enforce any ordinance 12 imposing any registration or licensing system, or registration 13 or license fees, or safety or sanitary standards for rental 14 manufactured or mobile homes unless similar registration or 15 licensing system, or registration or license fees, or safety 16 or sanitary standards are required for other rental properties 17 intended for human habitation. This subsection does not 18 preclude the investigation and abatement of a nuisance or the 19 enforcement of a tiedown system, or the enforcement of any 20 regulations rules of the council on department of health and 21 human services or local board of health if those regulations 22 rules apply to other rental properties or to owner-occupied 23 housing intended for human habitation. 24 Sec. 513. Section 364.3, subsection 5, Code 2024, is amended 25 to read as follows: 26 5. A city shall not adopt or enforce any ordinance imposing 27 any registration or licensing system or registration or license 28 fees for or relating to owner-occupied manufactured or mobile 29 homes including the lots, lands, or manufactured home community 30 or mobile home park upon or in which they are located. A 31 city shall not adopt or enforce any ordinance imposing any 32 registration or licensing system, or registration or license 33 fees, or safety or sanitary standards for rental manufactured 34 or mobile homes unless a similar registration or licensing 35 -210- LSB 5023SV (3) 90 ss/ns 210/ 312
S.F. 2385 system, or registration or license fees, or safety or sanitary 1 standards are required for other rental properties intended 2 for human habitation. This subsection does not preclude the 3 investigation and abatement of a nuisance or the enforcement of 4 a tiedown system, or the enforcement of any regulations rules 5 of the council on department of health and human services or 6 local board of health if those regulations rules apply to other 7 rental properties or to owner-occupied housing intended for 8 human habitation. 9 DIVISION XI 10 COMMISSION ON AGING ELIMINATION 11 Sec. 514. Section 231.4, subsection 1, paragraph d, Code 12 2024, is amended to read as follows: 13 d. “Commission” means the commission on aging. “Council” 14 means the council on health and human services. 15 Sec. 515. Section 231.14, Code 2024, is amended to read as 16 follows: 17 231.14 Commission Council duties and authority. 18 1. The commission is the policymaking body of the sole state 19 agency responsible for administration of the federal Act. The 20 commission council shall do all of the following : 21 a. 1. Approve Make recommendations to the department 22 regarding approval of state and area plans on aging. 23 b. 2. Adopt Recommend policies to coordinate state 24 activities related to the purposes of this chapter . 25 c. 3. Serve as an effective and visible advocate for 26 older individuals by establishing recommending policies for 27 reviewing and commenting upon all state plans, budgets, and 28 policies which affect older individuals and for providing 29 technical assistance to any agency, organization, association, 30 or individual representing the needs of older individuals . 31 d. Divide the state into distinct planning and service 32 areas after considering the geographical distribution of 33 older individuals in the state, the incidence of the need 34 for supportive services, nutrition services, multipurpose 35 -211- LSB 5023SV (3) 90 ss/ns 211/ 312
S.F. 2385 senior centers, and legal services, the distribution of older 1 individuals who have low incomes residing in such areas, the 2 distribution of resources available to provide such services 3 or centers, the boundaries of existing areas within the 4 state which are drawn for the planning or administration of 5 supportive services programs, the location of units of general 6 purpose, local government within the state, and any other 7 relevant factors. 8 e. Designate for each planning and service area a public or 9 private nonprofit agency or organization as the area agency on 10 aging for that area. The commission may revoke the designation 11 of an area agency on aging pursuant to section 231.32 . 12 f. 4. Adopt policies to assure Make recommendations to 13 ensure that the department will take into account the views of 14 older individuals in the development of policy. 15 g. Adopt a method for the distribution of federal 16 Act and state funds taking into account, to the maximum 17 extent feasible, the best available data on the geographic 18 distribution of older individuals in the state, and publish the 19 method for review and comment. 20 h. 5. Adopt Recommend policies and measures to assure 21 that preference will be given to providing services to older 22 individuals with the greatest economic or social needs, with 23 particular attention to low-income minority older individuals, 24 older individuals with limited English proficiency, and older 25 individuals residing in rural areas. 26 i. 6. Adopt Recommend policies to administer state programs 27 authorized by this chapter . 28 j. 7. Adopt Recommend policies and administrative rules 29 pursuant to chapter 17A that support the capabilities of 30 the area agencies on aging and the aging and disabilities 31 resource centers to serve older individuals and persons with 32 disabilities experiencing Alzheimer’s disease or related 33 dementias. 34 2. The commission shall adopt administrative rules pursuant 35 -212- LSB 5023SV (3) 90 ss/ns 212/ 312
S.F. 2385 to chapter 17A to administer the duties specified in this 1 chapter and in all other chapters under the department’s 2 jurisdiction. 3 Sec. 516. Section 231.21, Code 2024, is amended to read as 4 follows: 5 231.21 Administration of chapter —— department of health and 6 human services. 7 The department of health and human services shall administer 8 this chapter under the policy direction recommendations of the 9 commission on aging council . 10 Sec. 517. Section 231.23, Code 2024, is amended to read as 11 follows: 12 231.23 Department —— duties and authority. 13 The department shall: 14 1. Develop and administer a state plan on aging. 15 2. Assist the commission in the review and approval of 16 Review and approve area plans. 17 3. Pursuant to commission policy, coordinate Coordinate 18 state activities related to the purposes of this chapter and 19 all other chapters under the department’s jurisdiction. 20 4. Advocate for older individuals by reviewing and 21 commenting upon all state plans, budgets, laws, rules, 22 regulations, and policies which affect older individuals and 23 by providing technical assistance to any agency, organization, 24 association, or individual representing the needs of older 25 individuals. 26 5. Assist the commission in dividing Divide the state into 27 distinct planning and service areas after considering the 28 geographical distribution of older individuals in the state, 29 the incidence of the need for supportive services, nutrition 30 services, multipurpose senior centers, and legal services, the 31 distribution of older individuals who have low incomes residing 32 in such areas, the distribution of resources available to 33 provide such services or centers, the boundaries of existing 34 areas within the state which are drawn for the planning or 35 -213- LSB 5023SV (3) 90 ss/ns 213/ 312
S.F. 2385 administration of supportive services programs, the location of 1 units of general purpose, local government within the state, 2 and any other relevant factors . 3 6. Assist the commission in designating Designate for each 4 area a public or private nonprofit agency or organization as 5 the area agency on aging for that area. The department may 6 revoke the designation of an area agency on aging pursuant to 7 section 231.32. 8 7. Pursuant to commission policy, take Take into account the 9 views of older Iowans. 10 8. Assist the commission in adopting Adopt a method for 11 the distribution of funds available from the federal Act and 12 state appropriations and allocations taking into account, to 13 the maximum extent feasible, the best available data on the 14 geographic distribution of older individuals in the state . 15 9. Assist the commission in assuring Adopt policies and 16 measures to ensure that preference will be given to providing 17 services to older individuals with the greatest economic or 18 social needs, with particular attention to low-income minority 19 older individuals, older individuals with limited English 20 proficiency, and older individuals residing in rural areas. 21 10. Assist the commission in developing, adopting, and 22 enforcing Develop, adopt, and enforce administrative rules, 23 including by issuing necessary forms and procedures , to 24 administer the duties specified in this chapter and in all 25 other chapters under the department’s jurisdiction . 26 11. Apply for, receive, and administer grants, devises, 27 donations, gifts, or bequests of real or personal property from 28 any source to conduct projects consistent with the purposes of 29 the department. Notwithstanding section 8.33 , moneys received 30 by the department pursuant to this section are not subject to 31 reversion to the general fund of the state. 32 12. Administer state authorized programs. 33 13. Establish a procedure for an area agency on aging to 34 use in selection of members of the agency’s board of directors. 35 -214- LSB 5023SV (3) 90 ss/ns 214/ 312
S.F. 2385 The selection procedure shall be incorporated into the bylaws 1 of the board of directors. 2 14. Adopt policies and administrative rules pursuant to 3 chapter 17A that support the capabilities of the area agencies 4 on aging and the aging and disabilities resource centers 5 to serve older individuals and persons with disabilities 6 experiencing Alzheimer’s disease or related dementias. 7 Sec. 518. Section 231.31, Code 2024, is amended to read as 8 follows: 9 231.31 State plan on aging. 10 The department shall develop , and submit to the commission 11 on aging for approval, a multiyear state plan on aging. 12 The state plan on aging shall meet all applicable federal 13 requirements. 14 Sec. 519. Section 231.32, Code 2024, is amended to read as 15 follows: 16 231.32 Criteria for designation of area agencies on aging. 17 1. The commission department shall designate an area 18 agency on aging for each planning and service area. The 19 commission shall continue the designation shall continue until 20 an area agency on aging’s designation is removed for cause as 21 determined by the commission department , until the time of 22 renewal or the annual update of an area plan, until the agency 23 voluntarily withdraws as an area agency on aging, or until a 24 change in the designation of planning and service areas or area 25 agencies on aging is required by state or federal law. In that 26 event, the commission department shall proceed in accordance 27 with subsections 2, 3, and 4 . Designated area agencies on 28 aging shall comply with the requirements of the federal Act. 29 2. The commission department shall designate an area agency 30 to serve each planning and service area, after consideration of 31 the views offered by units of general purpose local government. 32 An area agency may be: 33 a. An established office of aging which is operating within 34 a planning and service area designated by the commission 35 -215- LSB 5023SV (3) 90 ss/ns 215/ 312
S.F. 2385 department . 1 b. Any office or agency of a unit of general purpose local 2 government, which is designated to function only for the 3 purpose of serving as an area agency on aging by the chief 4 elected official of such unit. 5 c. Any office or agency designated by the appropriate 6 chief elected officials of any combination of units of 7 general purpose local government to act only on behalf of such 8 combination for such purpose. 9 d. Any public or nonprofit private agency in a planning and 10 service area or any separate organizational unit within such 11 agency which is under the supervision or direction for this 12 purpose of the department and which can and will engage only in 13 the planning or provision of a broad range of long-term living 14 and community support services or nutrition services within the 15 planning and service area. 16 3. When the commission department designates a new area 17 agency on aging , the commission department shall give the right 18 of first refusal to a unit of general purpose local government 19 if: 20 a. Such unit can meet the requirements of subsection 1 . 21 b. The boundaries of such a unit and the boundaries of the 22 area are reasonably contiguous. 23 4. Each area agency shall provide assurance, determined 24 adequate by the commission department , that the area agency has 25 the ability to develop an area plan and to carry out, directly 26 or through contractual or other arrangements, a program in 27 accordance with the plan within the planning and service area. 28 In designating an area agency on aging within the planning and 29 service area, the commission department shall give preference 30 to an established office of aging, unless the commission 31 department finds that no such office within the planning and 32 service area has the capacity to carry out the area plan. 33 5. Upon designation, an area agency on aging shall be 34 considered an instrumentality of the state and shall adhere to 35 -216- LSB 5023SV (3) 90 ss/ns 216/ 312
S.F. 2385 all state and federal mandates applicable to an instrumentality 1 of the state. 2 Sec. 520. Section 231.33, subsections 1 and 13, Code 2024, 3 are amended to read as follows: 4 1. Develop and administer an area plan on aging approved by 5 the commission department . 6 13. Submit all fiscal and performance reports in accordance 7 with the policies of the commission department . 8 Sec. 521. Section 231.56, Code 2024, is amended to read as 9 follows: 10 231.56 Services and programs. 11 The department shall administer long-term living and 12 community support services and programs that allow older 13 individuals to secure and maintain maximum independence and 14 dignity in a home environment that provides for self-care with 15 appropriate supportive services, assist in removing individual 16 and social barriers to economic and personal independence 17 for older individuals, and provide a continuum of care for 18 older individuals and individuals with disabilities. Funds 19 appropriated for this purpose shall be allocated based on 20 administrative rules adopted by the commission department . The 21 department shall require such records as needed to administer 22 this section . 23 Sec. 522. Section 231E.3, Code 2024, is amended to read as 24 follows: 25 231E.3 Definitions. 26 As used in this chapter , unless the context otherwise 27 requires: 28 1. “Client” means an individual for whom a representative 29 payee is appointed. 30 2. “Commission” means the commission on aging. 31 3. 2. “Conservator” means conservator as defined in section 32 633.3 . 33 4. 3. “Court” means court as defined in section 633.3 . 34 5. 4. “Department” means the department of health and human 35 -217- LSB 5023SV (3) 90 ss/ns 217/ 312
S.F. 2385 services. 1 6. 5. “Director” means the director of health and human 2 services. 3 7. 6. “Guardian” means guardian as defined in section 4 633.3 . 5 8. 7. “Incompetent” means incompetent as defined in section 6 633.3 . 7 9. 8. “Local office” means a local office of public 8 guardian. 9 10. 9. “Local public guardian” means an individual under 10 contract with the department to act as a guardian, conservator, 11 or representative payee. 12 11. 10. “Public guardian” means the state public guardian 13 or a local public guardian. 14 12. 11. “Public guardianship services” means guardianship, 15 conservatorship, or representative payee services provided by 16 the state public guardian or a local public guardian. 17 13. 12. “Representative payee” means an individual 18 appointed by a government entity to receive funds on behalf of 19 a client pursuant to federal regulation. 20 14. 13. “State agency” means any executive department, 21 commission, board, institution, division, bureau, office, 22 agency, or other executive entity of state government. 23 15. 14. “State office” means the state office of public 24 guardian. 25 16. 15. “State public guardian” means the administrator of 26 the state office of public guardian. 27 17. 16. “Ward” means the individual for whom a guardianship 28 or conservatorship is established. 29 Sec. 523. REPEAL. Sections 231.11, 231.12, and 231.13, Code 30 2024, are repealed. 31 DIVISION XII 32 ELIMINATION OF ADVISORY COUNCIL ON BRAIN INJURIES 33 Sec. 524. Section 135.22A, Code 2024, is amended to read as 34 follows: 35 -218- LSB 5023SV (3) 90 ss/ns 218/ 312
S.F. 2385 135.22A Advisory council on brain Brain injuries —— policy 1 —— department as lead agency . 2 1. For purposes of this section , unless the context 3 otherwise requires: 4 a. “Brain injury” means a brain injury as defined in section 5 135.22 . 6 b. “Council” means the advisory council on brain injuries 7 health and human services . 8 2. The advisory council on brain injuries is established. 9 The following persons or their designees shall serve as ex 10 officio, nonvoting members of the council: 11 a. The director of health and human services or the 12 director’s designee. 13 b. The director of the department of education. 14 c. The chief of the special education bureau of the 15 department of education. 16 d. The administrator of the division of vocational 17 rehabilitation services of the department of workforce 18 development. 19 e. The director of the department for the blind. 20 3. The council shall be composed of a minimum of nine 21 members appointed by the governor in addition to the ex officio 22 members, and the governor may appoint additional members. 23 Insofar as practicable, the council shall include persons with 24 brain injuries; family members of persons with brain injuries; 25 representatives of industry, labor, business, and agriculture; 26 representatives of federal, state, and local government; and 27 representatives of religious, charitable, fraternal, civic, 28 educational, medical, legal, veteran, welfare, and other 29 professional groups and organizations. Members shall be 30 appointed representing every geographic and employment area 31 of the state and shall include members of both sexes. A 32 simple majority of the members appointed by the governor shall 33 constitute a quorum. 34 4. Members of the council appointed by the governor shall 35 -219- LSB 5023SV (3) 90 ss/ns 219/ 312
S.F. 2385 be appointed for terms of two years. Vacancies on the council 1 shall be filled for the remainder of the term of the original 2 appointment. Members whose terms expire may be reappointed. 3 5. The voting members of the council shall appoint a 4 chairperson and a vice chairperson and other officers as the 5 council deems necessary. The officers shall serve until their 6 successors are appointed and qualified. Members of the council 7 shall receive actual expenses for their services. Members may 8 also be eligible to receive compensation as provided in section 9 7E.6 . The council shall adopt rules pursuant to chapter 17A . 10 6. 2. The council shall do all of the following: 11 a. Promote meetings and programs for the discussion of 12 methods to reduce the debilitating effects of brain injuries, 13 and disseminate information in cooperation with any other 14 department, agency, or entity on the prevention, evaluation, 15 care, treatment, and rehabilitation of persons affected by 16 brain injuries. 17 b. Study and review current prevention, evaluation, care, 18 treatment, and rehabilitation technologies and recommend 19 appropriate preparation, training, retraining, and distribution 20 of personnel and resources in the provision of services 21 to persons with brain injuries through private and public 22 residential facilities, day programs, and other specialized 23 services. 24 c. Participate in developing and disseminating criteria and 25 standards which may be required for future funding or licensing 26 of facilities, day programs, and other specialized services for 27 persons with brain injuries in this state. 28 d. Make recommendations to the governor for developing and 29 administering a state plan to provide services for persons with 30 brain injuries. 31 e. Meet at least quarterly as necessary . 32 7. 3. The department is designated as Iowa’s lead agency 33 for brain injury. For the purposes of this section , the 34 designation of lead agency authorizes the department to 35 -220- LSB 5023SV (3) 90 ss/ns 220/ 312
S.F. 2385 perform or oversee the performance of those functions specified 1 in subsection 6 , paragraphs “a” through “c” . The council 2 is assigned to the department for administrative purposes. 3 The director shall be responsible for budgeting, program 4 coordination, and related management functions. 5 8. The council may receive gifts, grants, or donations 6 made for any of the purposes of its programs and disburse and 7 administer them in accordance with their terms and under the 8 direction of the director. 9 Sec. 525. Section 135.22B, subsection 2, paragraph c, Code 10 2024, is amended to read as follows: 11 c. The department shall consult with the advisory council 12 on brain injuries, established pursuant to section 135.22A , 13 regarding the program and shall report to the council 14 concerning the program at least quarterly. The council shall 15 make recommendations to the department concerning the program’s 16 operation. 17 DIVISION XIII 18 MENTAL HEALTH AND DISABILITY SERVICES COMMISSION ELIMINATION 19 Sec. 526. Section 135C.23, subsection 2, paragraph b, Code 20 2024, is amended to read as follows: 21 b. This section does not prohibit the admission of a 22 patient with a history of dangerous or disturbing behavior to 23 an intermediate care facility for persons with mental illness, 24 intermediate care facility for persons with an intellectual 25 disability, nursing facility, or county care facility when the 26 intermediate care facility for persons with mental illness, 27 intermediate care facility for persons with an intellectual 28 disability, nursing facility, or county care facility has a 29 program which has received prior approval from the department 30 to properly care for and manage the patient. An intermediate 31 care facility for persons with mental illness, intermediate 32 care facility for persons with an intellectual disability, 33 nursing facility, or county care facility is required to 34 transfer or discharge a resident with dangerous or disturbing 35 -221- LSB 5023SV (3) 90 ss/ns 221/ 312
S.F. 2385 behavior when the intermediate care facility for persons with 1 mental illness, intermediate care facility for persons with 2 an intellectual disability, nursing facility, or county care 3 facility cannot control the resident’s dangerous or disturbing 4 behavior. The department , in coordination with the state 5 mental health and disability services commission created in 6 section 225C.5 , shall adopt rules pursuant to chapter 17A for 7 programs to be required in intermediate care facilities for 8 persons with mental illness, intermediate care facilities for 9 persons with an intellectual disability, nursing facilities, 10 and county care facilities that admit patients or have 11 residents with histories of dangerous or disturbing behavior. 12 Sec. 527. Section 225C.2, Code 2024, is amended to read as 13 follows: 14 225C.2 Definitions. 15 As used in this chapter : 16 1. “Child” or “children” means a person or persons under 17 eighteen years of age. 18 2. “Children’s behavioral health services” means services for 19 children with a serious emotional disturbance. 20 3. “Children’s behavioral health system” or “children’s 21 system” means the behavioral health service system for children 22 implemented pursuant to this subchapter . 23 4. “Commission” means the mental health and disability 24 services commission. 25 5. 4. “Council” means the council on health and human 26 services. 27 6. 5. “Department” means the department of health and human 28 services. 29 7. 6. “Director” means the director of health and human 30 services. 31 8. 7. “Disability services” means services and other 32 support available to a person with mental illness, an 33 intellectual disability or other developmental disability, or 34 brain injury. 35 -222- LSB 5023SV (3) 90 ss/ns 222/ 312
S.F. 2385 9. 8. “Mental health and disability services region” means 1 a mental health and disability services region formed in 2 accordance with section 225C.56 . 3 10. 9. “Mental health and disability services regional 4 service system” means the mental health and disability service 5 system for a mental health and disability services region. 6 11. 10. “Regional administrator” means the same as defined 7 in section 225C.55 . 8 12. 11. “Serious emotional disturbance” means a diagnosable 9 mental, behavioral, or emotional disorder of sufficient 10 duration to meet diagnostic criteria specified within the most 11 current diagnostic and statistical manual of mental disorders 12 published by the American psychiatric association that results 13 in a functional impairment. “Serious emotional disturbance” 14 does not include substance use or developmental disorders 15 unless those disorders co-occur with such a diagnosable mental, 16 behavioral, or emotional disorder. 17 13. “State board” means the children’s behavioral health 18 system state board created in section 225C.51 . 19 Sec. 528. Section 225C.4, Code 2024, is amended to read as 20 follows: 21 225C.4 Department duties. 22 1. To the extent funding is available, the department shall 23 perform the following duties: 24 a. Prepare and administer the comprehensive mental health 25 and disability services plan as provided in section 225C.6B , 26 including state mental health and intellectual disability plans 27 for the provision of disability services within the state and 28 the state developmental disabilities plan. The department 29 shall take into account any related planning activities 30 implemented by the state board of regents or a body designated 31 by the board for that purpose, the department of management 32 or a body designated by the director of the department for 33 that purpose, the department of education, the department of 34 workforce development and any other appropriate governmental 35 -223- LSB 5023SV (3) 90 ss/ns 223/ 312
S.F. 2385 body, in order to facilitate coordination of disability 1 services provided in this state. The state mental health and 2 intellectual disability plans shall be consistent with the 3 state health plan, and shall take into account mental health 4 and disability services regional service system management 5 plans. 6 b. Assist mental health and disability services region 7 governing boards and regional administrators in planning for 8 community-based disability services. 9 c. Assist the state board in planning Plan for 10 community-based children’s behavioral health services. 11 d. Emphasize the provision of evidence-based outpatient and 12 community support services by community mental health centers 13 and local intellectual disability providers as a preferable 14 alternative to acute inpatient services and services provided 15 in large institutional settings. 16 e. Encourage and facilitate coordination of mental health 17 and disability services with the objective of developing 18 and maintaining in the state a mental health and disability 19 service delivery system to provide services to all persons in 20 this state who need the services, regardless of the place of 21 residence or economic circumstances of those persons. The 22 department shall work with the commission council and other 23 state agencies, including but not limited to the departments 24 of corrections and education, and the state board of regents, 25 to develop and implement a strategic plan to expand access to 26 qualified mental health workers across the state. 27 f. Encourage and facilitate applied research and preventive 28 educational activities related to causes and appropriate 29 treatment for disabilities. The department may designate, or 30 enter into agreements with, private or public agencies to carry 31 out this function. 32 g. Coordinate community-based services with those of the 33 state mental health institutes and state resource centers. 34 h. Administer state programs regarding the care, treatment, 35 -224- LSB 5023SV (3) 90 ss/ns 224/ 312
S.F. 2385 and supervision of persons with mental illness or an 1 intellectual disability, except the programs administered by 2 the state board of regents. 3 i. Administer and distribute state appropriations in 4 connection with the mental health and disability services 5 regional service fund established by section 225C.7A . 6 j. Act as compact administrator with power to effectuate the 7 purposes of interstate compacts on mental health. 8 k. Establish and maintain a data collection and management 9 information system oriented to the needs of patients, 10 providers, the department, and other programs or facilities in 11 accordance with section 225C.6A . The system shall be used to 12 identify, collect, and analyze service outcome and performance 13 measures data in order to assess the effects of the services 14 on the persons utilizing the services. The department shall 15 annually submit to the commission council information collected 16 by the department indicating the changes and trends in the 17 mental health and disability services system. The department 18 shall make the outcome data available to the public. 19 l. Encourage and facilitate coordination of children’s 20 behavioral health services with the objective of developing 21 and maintaining in the state a children’s behavioral health 22 system to provide behavioral health services to all children 23 in this state who need the services, regardless of the place 24 of residence or economic circumstances of those children. 25 The department shall work with the state board and other 26 state agencies including but not limited to the department of 27 education to develop and implement a strategic plan to expand 28 access to qualified mental health workers across the state. 29 m. Establish and maintain a data collection and management 30 information system oriented to the needs of children utilizing 31 the children’s behavioral health system, providers, the 32 department, and other programs or facilities in accordance 33 with section 225C.6A . The system shall be used to identify, 34 collect, and analyze service outcome and performance measures 35 -225- LSB 5023SV (3) 90 ss/ns 225/ 312
S.F. 2385 data in order to assess the effects of the services on the 1 children utilizing the services. The department shall annually 2 submit to the state board council information collected by the 3 department indicating the changes and trends in the children’s 4 behavioral health system. The department shall make the 5 outcome data available to the public. 6 n. Prepare a budget and reports of the department’s 7 activities. 8 o. Establish suitable agreements with other state 9 agencies to encourage appropriate care and to facilitate the 10 coordination of disability services. 11 p. Provide consultation and technical assistance to 12 patients’ advocates appointed pursuant to section 229.19 , 13 in cooperation with the judicial branch and the certified 14 volunteer long-term care ombudsmen certified pursuant to 15 section 231.45 . 16 q. Provide technical assistance to agencies and 17 organizations, to aid them in meeting standards which are 18 established, or with which compliance is required, under 19 statutes administered by the department, including but not 20 limited to chapters 227 and 230A . 21 r. Recommend to the commission Establish minimum 22 accreditation standards for the maintenance and operation of 23 community mental health centers, services, and programs under 24 section 230A.110 . The department’s review and evaluation of 25 the centers, services, and programs for compliance with the 26 adopted standards shall be as provided in section 230A.111 . 27 s. Recommend to the commission Establish minimum standards 28 for supported community living services. The department shall 29 review and evaluate the services for compliance with the 30 adopted standards. 31 t. In cooperation with the department of inspections, 32 appeals, and licensing, recommend minimum standards under 33 section 227.4 for the care of and services to persons with 34 mental illness or an intellectual disability residing in 35 -226- LSB 5023SV (3) 90 ss/ns 226/ 312
S.F. 2385 county care facilities. The department shall also cooperate 1 with the department of inspections, appeals, and licensing 2 in recommending minimum standards for care of and services 3 provided to persons with mental illness or an intellectual 4 disability living in a residential care facility regulated 5 under chapter 135C . 6 u. Recommend minimum standards for the maintenance and 7 operation of public or private facilities offering disability 8 services, which are not subject to licensure by the department 9 or the department of inspections, appeals, and licensing. 10 v. Provide technical assistance concerning disability 11 services and funding to mental health and disability services 12 region governing boards and regional administrators. 13 w. Coordinate with the mental health planning and advisory 14 council created pursuant to 42 U.S.C. §300x-3 to ensure the 15 council membership includes representation by a military 16 veteran who is knowledgeable concerning the behavioral and 17 mental health issues of veterans. 18 x. Enter into performance-based contracts with 19 regional administrators as described in section 225C.57 . 20 A performance-based contract shall require a regional 21 administrator to fulfill the statutory and regulatory 22 requirements of the regional service system under this chapter . 23 A failure to fulfill the requirements may be addressed by 24 remedies specified in the contract, including but not limited 25 to suspension of contract payments or cancellation of the 26 contract. The contract provisions may include but are not 27 limited to requirements for the regional service system 28 to attain outcomes within a specified range of acceptable 29 performance in any of the following categories: 30 (1) Access standards for the required core services. 31 (2) Penetration rates for serving the number of persons 32 expected to be served. 33 (3) Utilization rates for inpatient and residential 34 treatment. 35 -227- LSB 5023SV (3) 90 ss/ns 227/ 312
S.F. 2385 (4) Readmission rates for inpatient and residential 1 treatment. 2 (5) Employment of the persons receiving services. 3 (6) Administrative costs. 4 (7) Data reporting. 5 (8) Timely and accurate claims processing. 6 (9) School attendance. 7 y. Provide information through the internet concerning 8 waiting lists for services implemented by mental health and 9 disability services regions. 10 z. By January 1 of each odd-numbered year, submit to the 11 governor and the general assembly an evaluation of: 12 (1) The extent to which services to persons with 13 disabilities are actually available to persons in each county 14 and mental health and disability services region in the state 15 and the quality of those services. 16 (2) The effectiveness of the services being provided by 17 disability service providers in this state and by each of the 18 state mental health institutes established under chapter 226 19 and by each of the state resource centers established under 20 chapter 222. 21 aa. Identify disability services outcomes and indicators to 22 support the ability of eligible persons with a disability to 23 live, learn, work, and recreate in communities of the persons’ 24 choice. The identification duty includes but is not limited to 25 responsibility for identifying, collecting, and analyzing data 26 as necessary to issue reports on outcomes and indicators at the 27 county, region, and state levels. 28 2. a. The department shall coordinate with the department 29 of inspections, appeals, and licensing in the establishment 30 of facility-based and community-based, subacute mental health 31 services. 32 b. A person shall not provide community-based, subacute 33 mental health services unless the person has been accredited 34 to provide the services. The department shall adopt standards 35 -228- LSB 5023SV (3) 90 ss/ns 228/ 312
S.F. 2385 for subacute mental health services and for accreditation of 1 providers of community-based, subacute mental health services. 2 c. As used in this subsection, “subacute mental health 3 services” means all of the following: 4 (1) A comprehensive set of wraparound services for a person 5 who has had or is at imminent risk of having acute or crisis 6 mental health symptoms that does not permit the person to 7 remain in or threatens removal of the person from the person’s 8 home and community, but who has been determined by a mental 9 health professional and a licensed health care professional, 10 subject to the professional’s scope of practice, not to need 11 inpatient acute hospital services. For the purposes of this 12 subparagraph, “mental health professional” means the same as 13 defined in section 228.1 and “licensed health care professional” 14 means a person licensed under chapter 148 to practice medicine 15 and surgery or osteopathic medicine and surgery, an advanced 16 registered nurse practitioner licensed under chapter 152 or 17 152E, or a physician assistant licensed under chapter 148C. 18 (2) Intensive, recovery-oriented treatment and monitoring 19 of the person with direct or remote access to a psychiatrist or 20 advanced registered nurse practitioner. 21 (3) An outcome-focused, interdisciplinary approach designed 22 to return the person to living successfully in the community. 23 (4) Services that may be provided in a wide array of 24 settings ranging from the person’s home to a facility providing 25 subacute mental health services. 26 (5) Services that are time limited to not more than ten 27 days or another time period determined in accordance with rules 28 adopted for this purpose. 29 d. Subacute mental health services and the standards for 30 the services shall be established in a manner that allows for 31 accessing federal Medicaid funding. 32 2. 3. The department may: 33 a. Apply for, receive, and administer federal aids, grants, 34 and gifts for purposes relating to disability services or 35 -229- LSB 5023SV (3) 90 ss/ns 229/ 312
S.F. 2385 programs. 1 b. Establish and supervise suitable standards of care, 2 treatment, and supervision for persons with disabilities in all 3 institutions under the control of the director. 4 c. Appoint professional consultants to furnish advice on 5 any matters pertaining to disability services. The consultants 6 shall be paid as provided by an appropriation of the general 7 assembly. 8 d. Administer a public housing unit program to apply for, 9 receive, and administer federal assistance, grants, and other 10 public or private funds for purposes related to providing 11 housing in accordance with section 225C.45 . 12 Sec. 529. Section 225C.6, Code 2024, is amended to read as 13 follows: 14 225C.6 Duties of commission council . 15 1. To the extent funding is available, the commission 16 council shall perform the following duties: 17 a. Advise the department on the administration of the 18 overall state disability services system. 19 b. Pursuant to Make recommendations made for this purpose 20 by the director, adopt for the adoption of necessary rules 21 pursuant to chapter 17A which relate to disability programs 22 and services, including but not limited to definitions of each 23 disability included within the term “disability services” as 24 necessary for purposes of state, county, and regional planning, 25 programs, and services. 26 c. Adopt Recommend standards for community mental health 27 centers, services, and programs as recommended under pursuant 28 to section 230A.110 . The department shall determine whether 29 to grant, deny, or revoke the accreditation of the centers, 30 services, and programs. 31 d. Adopt Recommend standards for the provision under the 32 medical assistance program of individual case management 33 services. 34 e. Unless another governmental body sets standards for a 35 -230- LSB 5023SV (3) 90 ss/ns 230/ 312
S.F. 2385 service available to persons with disabilities, adopt recommend 1 state standards for that service. The commission council shall 2 review the licensing standards used by the department or the 3 department of inspections, appeals, and licensing for those 4 facilities providing disability services. 5 f. Assure Make recommendations to ensure that proper 6 reconsideration and appeal procedures are available to persons 7 aggrieved by decisions, actions, or circumstances relating to 8 accreditation. 9 g. Adopt Make recommendations to the department for the 10 adoption of necessary rules for awarding grants from the state 11 and federal government as well as other moneys that become 12 available to the department for grant purposes. 13 h. Annually submit to the governor and the general assembly: 14 (1) A report concerning the activities of the commission 15 council relating to mental health and disability services . 16 (2) Recommendations formulated by the commission council 17 for changes in law. 18 i. By January 1 of each odd-numbered year, submit to the 19 governor and the general assembly an evaluation of: 20 (1) The extent to which services to persons with 21 disabilities are actually available to persons in each county 22 and mental health and disability services region in the state 23 and the quality of those services. 24 (2) The effectiveness of the services being provided by 25 disability service providers in this state and by each of the 26 state mental health institutes established under chapter 226 27 and by each of the state resource centers established under 28 chapter 222 . 29 j. i. Advise Make recommendations to the director, the 30 council, the governor, and the general assembly on budgets and 31 appropriations concerning disability services. 32 k. j. Coordinate activities with the Iowa developmental 33 disabilities council and the mental health planning council, 34 created pursuant to federal law. The commission council shall 35 -231- LSB 5023SV (3) 90 ss/ns 231/ 312
S.F. 2385 work with other state agencies on coordinating, collaborating, 1 and communicating concerning activities involving persons with 2 disabilities. 3 l. Pursuant to a recommendation made by the department, 4 identify 5 k. Make recommendations for basic financial eligibility 6 standards for the disability services provided by a mental 7 health and disability services region. The initial standards 8 shall be as specified in this chapter. 9 m. Identify disability services outcomes and indicators to 10 support the ability of eligible persons with a disability to 11 live, learn, work, and recreate in communities of the persons’ 12 choice. The identification duty includes but is not limited to 13 responsibility for identifying, collecting, and analyzing data 14 as necessary to issue reports on outcomes and indicators at the 15 county, region, and state levels. 16 2. Notwithstanding section 217.3 , the commission may adopt 17 the rules authorized by subsection 1 , pursuant to chapter 18 17A , without prior review and approval of those rules by the 19 council. 20 3. 2. If the executive branch creates a committee, task 21 force, council, or other advisory body to consider disability 22 services policy or program options involving children or adult 23 consumers, the commission council is designated to receive 24 and consider any report, findings, recommendations, or other 25 work product issued by such body. The commission council may 26 address the report, findings, recommendations, or other work 27 product in fulfilling the commission’s council’s functions 28 and to advise the department, council, governor, and general 29 assembly concerning disability services. 30 4. a. The department shall coordinate with the department 31 of inspections, appeals, and licensing in the establishment 32 of facility-based and community-based, subacute mental health 33 services. 34 b. A person shall not provide community-based, subacute 35 -232- LSB 5023SV (3) 90 ss/ns 232/ 312
S.F. 2385 mental health services unless the person has been accredited 1 to provide the services. The commission shall adopt standards 2 for subacute mental health services and for accreditation of 3 providers of community-based, subacute mental health services. 4 c. As used in this subsection , “subacute mental health 5 services” means all of the following: 6 (1) A comprehensive set of wraparound services for persons 7 who have had or are at imminent risk of having acute or 8 crisis mental health symptoms that do not permit the persons 9 to remain in or threatens removal of the persons from their 10 home and community, but who have been determined by a mental 11 health professional and a licensed health care professional, 12 subject to the professional’s scope of practice, not to need 13 inpatient acute hospital services. For the purposes of this 14 subparagraph, “mental health professional” means the same as 15 defined in section 228.1 and “licensed health care professional” 16 means a person licensed under chapter 148 to practice medicine 17 and surgery or osteopathic medicine and surgery, an advanced 18 registered nurse practitioner licensed under chapter 152 or 19 152E , or a physician assistant licensed under chapter 148C . 20 (2) Intensive, recovery-oriented treatment and monitoring 21 of the person with direct or remote access to a psychiatrist or 22 advanced registered nurse practitioner. 23 (3) An outcome-focused, interdisciplinary approach designed 24 to return the person to living successfully in the community. 25 (4) Services that may be provided in a wide array of 26 settings ranging from the person’s home to a facility providing 27 subacute mental health services. 28 (5) Services that are time limited to not more than ten 29 days or another time period determined in accordance with rules 30 adopted for this purpose. 31 d. Subacute mental health services and the standards for 32 the services shall be established in a manner that allows for 33 accessing federal Medicaid funding. 34 Sec. 530. Section 225C.6B, subsection 2, Code 2024, is 35 -233- LSB 5023SV (3) 90 ss/ns 233/ 312
S.F. 2385 amended to read as follows: 1 2. Comprehensive plan. The department shall develop 2 a comprehensive written five-year state mental health and 3 disability services plan with annual updates and readopt 4 the plan every five years. The plan shall describe the key 5 components of the state’s mental health and disability services 6 system, including the services that are community-based, 7 state institution-based, or regional or state-based. The 8 five-year plan and each update shall be submitted annually to 9 the commission council on or before October 30 for review and 10 approval. 11 Sec. 531. Section 225C.7A, subsection 8, paragraph j, Code 12 2024, is amended to read as follows: 13 j. If the department has made its decisions but has 14 determined that there are otherwise qualifying requests for 15 incentive funds that are beyond the amount available in the 16 incentive fund for a fiscal year, the department shall compile 17 a list of such requests and the supporting information for 18 the requests. The list and information shall be submitted to 19 the commission, the children’s behavioral health system state 20 board, council and the general assembly. 21 Sec. 532. Section 225C.7A, subsection 9, Code 2024, is 22 amended to read as follows: 23 9. The commission department shall consult with regional 24 administrators and the director in prescribing forms and 25 adopting rules to administer this section . 26 Sec. 533. Section 225C.19, subsection 2, paragraph e, Code 27 2024, is amended to read as follows: 28 e. The elements of the services system shall be specified in 29 administrative rules adopted by the commission department . 30 Sec. 534. Section 225C.19A, Code 2024, is amended to read 31 as follows: 32 225C.19A Crisis stabilization programs. 33 The department shall accredit, certify, or apply standards 34 of review to authorize the operation of crisis stabilization 35 -234- LSB 5023SV (3) 90 ss/ns 234/ 312
S.F. 2385 programs, including crisis stabilization programs operating 1 in a psychiatric medical institution for children pursuant 2 to chapter 135H that provide children with mental health, 3 substance use disorder, and co-occurring mental health and 4 substance use disorder services. In authorizing the operation 5 of a crisis stabilization program, the department shall apply 6 the relevant requirements for an emergency mental health crisis 7 services provider and system under section 225C.19 . A program 8 authorized to operate under this section is not required to be 9 licensed under chapter 135B , 135C , 135G , or 135H , or certified 10 under chapter 231C . The commission department shall adopt 11 rules to implement this section . The department shall accept 12 accreditation of a crisis stabilization program by a national 13 accrediting organization in lieu of applying the rules adopted 14 in accordance with this section to the program. 15 Sec. 535. Section 225C.21, subsection 2, Code 2024, is 16 amended to read as follows: 17 2. The commission department shall adopt rules pursuant 18 to chapter 17A establishing minimum standards for supported 19 community living services. The department shall determine 20 whether to grant, deny, or revoke approval for any supported 21 community living service. 22 Sec. 536. Section 225C.28A, subsection 7, Code 2024, is 23 amended to read as follows: 24 7. Provide an ongoing process to determine the degree 25 of access to and the effectiveness of the services and other 26 support in achieving the disability services outcomes and 27 indicators identified by the commission department pursuant to 28 section 225C.6 225C.4 . 29 Sec. 537. Section 225C.29, Code 2024, is amended to read as 30 follows: 31 225C.29 Compliance. 32 Except for a violation of section 225C.28B, subsection 33 2 , the sole remedy for violation of a rule adopted by the 34 commission department to implement sections 225C.25 , 225C.26 , 35 -235- LSB 5023SV (3) 90 ss/ns 235/ 312
S.F. 2385 225C.28A , and 225C.28B shall be by a proceeding for compliance 1 initiated by request to the department pursuant to chapter 17A . 2 Any decision of the department shall be in accordance with due 3 process of law and is subject to appeal to the Iowa district 4 court pursuant to sections 17A.19 and 17A.20 by any aggrieved 5 party. Either the department or a party in interest may apply 6 to the Iowa district court for an order to enforce the decision 7 of the department. Any rules adopted by the commission 8 department to implement sections 225C.25 , 225C.26 , 225C.28A , 9 and 225C.28B do not create any right, entitlement, property, 10 or liberty right or interest, or private cause of action for 11 damages against the state or a political subdivision of the 12 state or for which the state or a political subdivision of the 13 state would be responsible. Any violation of section 225C.28B, 14 subsection 2 , shall solely be subject to the enforcement by the 15 commissioner of insurance and penalties granted by chapter 507B 16 for a violation of section 507B.4, subsection 3 , paragraph “g” . 17 Sec. 538. Section 225C.58, subsection 2, Code 2024, is 18 amended to read as follows: 19 2. The accounting system and financial reporting to the 20 department shall conform with the cost principles for state, 21 local, and Indian tribal governments issued by the United 22 States office of management and budget. The information 23 shall segregate expenditures for administration, purchase of 24 service, and enterprise costs for which the region is a service 25 provider or is directly billing and collecting payments and 26 shall be identified along with other financial information in 27 a uniform chart of accounts prescribed by the department of 28 management. Following periodic review of administrative costs, 29 the department shall make recommendations, in consultation 30 with the legislative services agency, for standards defining 31 region administrative costs and the methodology for calculating 32 a region’s administrative load. Such standards shall be 33 specified in rule adopted by the state commission department . 34 Sec. 539. Section 225C.60, subsection 1, paragraph a, Code 35 -236- LSB 5023SV (3) 90 ss/ns 236/ 312
S.F. 2385 2024, is amended to read as follows: 1 a. The mental health and disability services provided 2 by counties operating as a region shall be delivered in 3 accordance with a regional service system management plan 4 approved by the region’s governing board and implemented by the 5 regional administrator in accordance with this section . The 6 requirements for a regional service system management plan and 7 plan format shall be specified in rule adopted by the state 8 commission pursuant to a recommendation made by the department. 9 A regional management plan shall include an annual service and 10 budget plan, a policies and procedures manual, and an annual 11 report. 12 Sec. 540. Section 225C.60, subsection 2, unnumbered 13 paragraph 1, Code 2024, is amended to read as follows: 14 Each region shall submit to the department an annual service 15 and budget plan approved by the region’s governing board and 16 subject to approval by the director. Provisions for approval 17 by the director of the annual service and budget plan, and 18 any amendments to the plan, and other requirements shall be 19 specified in rule adopted by the state commission department . 20 The provisions addressed in the annual plan shall include but 21 are not limited to all of the following: 22 Sec. 541. Section 225C.60, subsection 4, unnumbered 23 paragraph 1, Code 2024, is amended to read as follows: 24 The region shall have in effect a policies and procedures 25 manual for the regional service system. The manual shall be 26 approved by the region’s governing board and is subject to 27 approval by the director. An approved manual shall remain 28 in effect subject to amendment. An amendment to the manual 29 shall be submitted to the department at least forty-five days 30 prior to the date of implementation of the amendment. Prior 31 to implementation of an amendment to the manual, the amendment 32 must be approved by the director in consultation with the state 33 commission . The manual shall include but is not limited to all 34 of the following: 35 -237- LSB 5023SV (3) 90 ss/ns 237/ 312
S.F. 2385 Sec. 542. Section 225C.62, subsection 1, paragraph c, 1 unnumbered paragraph 1, Code 2024, is amended to read as 2 follows: 3 The person must be in compliance with resource limitations 4 identified in rule adopted by the state commission department . 5 The limitation shall be derived from the federal supplemental 6 security income program resource limitations. A person with 7 resources above the federal supplemental security income 8 program resource limitations may be eligible subject to 9 limitations adopted in rule by the state commission pursuant 10 to a recommendation made by the department. If a person does 11 not qualify for federally funded services and other support but 12 meets income, resource, and functional eligibility requirements 13 for regional services, the following types of resources shall 14 be disregarded: 15 Sec. 543. Section 225C.63, subsection 1, paragraph d, Code 16 2024, is amended to read as follows: 17 d. The person’s eligibility for individualized services 18 shall be determined in accordance with the standardized 19 functional assessment methodology approved for mental health 20 services by the director in consultation with the state 21 commission . 22 Sec. 544. Section 225C.65, subsection 3, unnumbered 23 paragraph 1, Code 2024, is amended to read as follows: 24 Pursuant to recommendations made by the director, the state 25 commission The department shall adopt rules as required by 26 section 225C.6 to define the services included in the core 27 service domains listed in this section . The rules shall 28 provide service definitions, service provider standards, 29 service access standards, and service implementation dates, and 30 shall provide consistency, to the extent possible, with similar 31 service definitions under the medical assistance program. 32 Sec. 545. Section 227.4, Code 2024, is amended to read as 33 follows: 34 227.4 Standards for care of persons with mental illness or an 35 -238- LSB 5023SV (3) 90 ss/ns 238/ 312
S.F. 2385 intellectual disability in county care facilities. 1 The department, in cooperation with the department of 2 inspections, appeals, and licensing, shall recommend and the 3 mental health and disability services commission created in 4 section 225C.5 shall adopt, or amend and adopt, standards for 5 the care of and services to persons with mental illness or an 6 intellectual disability residing in county care facilities. 7 The standards shall be enforced by the department of 8 inspections, appeals, and licensing as a part of the licensure 9 inspection conducted pursuant to chapter 135C . The objective 10 of the standards is to ensure that persons with mental illness 11 or an intellectual disability who are residents of county care 12 facilities are not only adequately fed, clothed, and housed, 13 but are also offered reasonable opportunities for productive 14 work and recreational activities suited to their physical and 15 mental abilities and offering both a constructive outlet for 16 their energies and, if possible, therapeutic benefit. When 17 recommending standards under this section , the department shall 18 designate an advisory committee representing administrators of 19 county care facilities, regional administrators, mental health 20 and disability services region governing boards, and county 21 care facility certified volunteer long-term care ombudsmen to 22 assist in the establishment of standards. 23 Sec. 546. Section 229.19, subsection 4, unnumbered 24 paragraph 1, Code 2024, is amended to read as follows: 25 The state mental health and disability services commission 26 created in section 225C.5 department , in consultation with 27 advocates and county and judicial branch representatives, shall 28 adopt rules pursuant to chapter 17A relating to advocates that 29 include but are not limited to all of the following topics: 30 Sec. 547. Section 230A.102, subsection 2, Code 2024, is 31 amended to read as follows: 32 2. “Commission” “Council” , “department” , “director” , and 33 “disability services” mean the same as defined in section 34 225C.2 . 35 -239- LSB 5023SV (3) 90 ss/ns 239/ 312
S.F. 2385 Sec. 548. Section 230A.103, subsections 1 and 2, Code 2024, 1 are amended to read as follows: 2 1. The department, subject to agreement by any community 3 mental health center that would provide services for the 4 catchment area and approval by the commission department , 5 shall designate at least one community mental health center 6 under this chapter for addressing the mental health needs of 7 the county or counties comprising the catchment area. The 8 designation process shall provide for the input of potential 9 service providers regarding designation of the initial 10 catchment area or a change in the designation. 11 2. The department shall utilize objective criteria for 12 designating a community mental health center to serve a 13 catchment area and for withdrawing such designation. The 14 commission department shall adopt rules outlining the criteria. 15 The criteria shall include but are not limited to provisions 16 for meeting all of the following requirements: 17 a. An appropriate means shall be used for determining which 18 prospective designee is best able to serve all ages of the 19 targeted population within the catchment area with minimal or 20 no service denials. 21 b. An effective means shall be used for determining the 22 relative ability of a prospective designee to appropriately 23 provide mental health services and other support to consumers 24 residing within a catchment area as well as consumers residing 25 outside the catchment area. The criteria shall address the 26 duty for a prospective designee to arrange placements outside 27 the catchment area when such placements best meet consumer 28 needs and to provide services within the catchment area to 29 consumers who reside outside the catchment area when the 30 services are necessary and appropriate. 31 Sec. 549. Section 230A.105, subsection 2, Code 2024, is 32 amended to read as follows: 33 2. Specific eligibility criteria for members of the target 34 population shall be identified in administrative rules adopted 35 -240- LSB 5023SV (3) 90 ss/ns 240/ 312
S.F. 2385 by the commission department . The eligibility criteria shall 1 address both clinical and financial eligibility. 2 Sec. 550. Section 230A.106, subsection 1, Code 2024, is 3 amended to read as follows: 4 1. A community mental health center designated in 5 accordance with this chapter shall offer core services and 6 support addressing the basic mental health and safety needs of 7 the target population and other residents of the catchment area 8 served by the center and may offer other services and support. 9 The core services shall be identified in administrative rules 10 adopted by the commission department for this purpose. 11 Sec. 551. Section 230A.110, subsection 1, Code 2024, is 12 amended to read as follows: 13 1. The department council shall recommend and the 14 commission department shall adopt standards for designated 15 community mental health centers and comprehensive community 16 mental health programs, with the overall objective of ensuring 17 that each center and each affiliate providing services under 18 contract with a center furnishes high-quality mental health 19 services within a framework of accountability to the community 20 it serves. The standards adopted shall conform with federal 21 standards applicable to community mental health centers 22 and shall be in substantial conformity with the applicable 23 behavioral health standards adopted by the joint commission, 24 formerly known as the joint commission on accreditation 25 of health care organizations, or other recognized national 26 standards for evaluation of psychiatric facilities unless 27 in the judgment of the department, with approval of the 28 commission, there are sound reasons for departing from the 29 standards. 30 Sec. 552. Section 230A.111, subsection 1, unnumbered 31 paragraph 1, Code 2024, is amended to read as follows: 32 The review and evaluation of designated centers shall be 33 performed through a formal accreditation review process as 34 recommended by the department council and approved by the 35 -241- LSB 5023SV (3) 90 ss/ns 241/ 312
S.F. 2385 commission department . The accreditation process shall include 1 all of the following: 2 Sec. 553. Section 230A.111, subsection 1, paragraph b, Code 3 2024, is amended to read as follows: 4 b. Use of random or complaint-specific, on-site limited 5 accreditation reviews in the interim between full accreditation 6 reviews, as a quality review approach. The results of such 7 reviews shall be presented to the commission department . 8 Sec. 554. Section 249A.4, subsection 15, Code 2024, is 9 amended to read as follows: 10 15. Establish appropriate reimbursement rates for community 11 mental health centers that are accredited by the mental health 12 and disability services commission department . 13 Sec. 555. Section 249A.12, subsection 4, Code 2024, is 14 amended to read as follows: 15 4. a. The mental health and disability services commission 16 shall recommend to the department shall take the actions 17 necessary to assist in the transition of individuals being 18 served in an intermediate care facility for persons with 19 an intellectual disability, who are appropriate for the 20 transition, to services funded under a medical assistance 21 home and community-based services waiver for persons with an 22 intellectual disability in a manner which maximizes the use 23 of existing public and private facilities. The actions may 24 include but are not limited to submitting any of the following 25 or a combination of any of the following as a request for a 26 revision of the medical assistance home and community-based 27 services waiver for persons with an intellectual disability: 28 (1) Allow for the transition of intermediate care 29 facilities for persons with an intellectual disability licensed 30 under chapter 135C , to services funded under the medical 31 assistance home and community-based services waiver for persons 32 with an intellectual disability. The request shall be for 33 inclusion of additional persons under the waiver associated 34 with the transition. 35 -242- LSB 5023SV (3) 90 ss/ns 242/ 312
S.F. 2385 (2) Allow for reimbursement under the waiver for day program 1 or other service costs. 2 (3) Allow for exception provisions in which an intermediate 3 care facility for persons with an intellectual disability which 4 does not meet size and other facility-related requirements 5 under the waiver in effect on June 30, 1996, may convert to a 6 waiver service for a set period of time such as five years. 7 Following the set period of time, the facility would be subject 8 to the waiver requirements applicable to services which were 9 not operating under the exception provisions. 10 b. In implementing the provisions of this subsection , the 11 mental health and disability services commission department 12 shall consult with other states. The waiver revision request 13 or other action necessary to assist in the transition of 14 service provision from intermediate care facilities for 15 persons with an intellectual disability to alternative programs 16 shall be implemented by the department in a manner that can 17 appropriately meet the needs of individuals at an overall 18 lower cost to counties, the federal government, and the state. 19 In addition, the department shall take into consideration 20 significant federal changes to the medical assistance program 21 in formulating the department’s actions under this subsection . 22 The department shall consult with the mental health and 23 disability services commission in adopting adopt rules for 24 oversight of facilities converted pursuant to this subsection . 25 A transition approach described in paragraph “a” may be modified 26 as necessary to obtain federal waiver approval. 27 Sec. 556. Section 321.189, subsection 10, Code 2024, is 28 amended to read as follows: 29 10. Autism spectrum disorder status. A licensee who has 30 autism spectrum disorder, as defined in section 514C.28 , may 31 request that the license be marked to reflect the licensee’s 32 autism spectrum disorder status on the face of the license 33 when the licensee applies for the issuance or renewal of a 34 license. The department may adopt rules pursuant to chapter 35 -243- LSB 5023SV (3) 90 ss/ns 243/ 312
S.F. 2385 17A establishing criteria under which a license may be marked, 1 including requiring the licensee to submit medical proof of the 2 licensee’s autism spectrum disorder status. When a driver’s 3 license is so marked, the licensee’s autism spectrum disorder 4 status shall be noted in the electronic database used by 5 the department and law enforcement to access registration, 6 titling, and driver’s license information. The department, in 7 consultation with the mental council on health and disability 8 human services commission , shall develop educational media to 9 raise awareness of a licensee’s ability to request the license 10 be marked to reflect the licensee’s autism spectrum disorder 11 status. 12 Sec. 557. Section 321.190, subsection 1, paragraph b, 13 subparagraph (6), Code 2024, is amended to read as follows: 14 (6) An applicant for a nonoperator’s identification 15 card who has autism spectrum disorder, as defined in section 16 514C.28 , may request that the card be marked to reflect 17 the applicant’s autism spectrum disorder status on the face 18 of the card when the applicant applies for the issuance or 19 renewal of a card. The department may adopt rules pursuant to 20 chapter 17A establishing criteria under which a card may be 21 marked, including requiring the applicant to submit medical 22 proof of the applicant’s autism spectrum disorder status. 23 The department, in consultation with the mental council on 24 health and disability human services commission , shall develop 25 educational media to raise awareness of an applicant’s ability 26 to request the card be marked to reflect the applicant’s autism 27 spectrum disorder status. 28 Sec. 558. Section 426B.4, Code 2024, is amended to read as 29 follows: 30 426B.4 Rules. 31 The mental health and disability services commission 32 department of health and human services shall consult with 33 regional administrators and the director of health and human 34 services in prescribing forms and adopting rules pursuant to 35 -244- LSB 5023SV (3) 90 ss/ns 244/ 312
S.F. 2385 chapter 17A to administer this chapter . 1 Sec. 559. REPEAL. Section 225C.5, Code 2024, is repealed. 2 DIVISION XIV 3 ELIMINATION OF CHILDREN’S BEHAVIORAL HEALTH SYSTEM STATE BOARD 4 Sec. 560. Section 225C.52, Code 2024, is amended to read as 5 follows: 6 225C.52 Children’s behavioral health system state board —— 7 Council duties. 8 The council shall provide guidance on the implementation 9 and management of a children’s behavioral health system for 10 the provision of services to children with a serious emotional 11 disturbance. To the extent funding is available, the state 12 board council shall perform the following duties: 13 1. Advise the director on the administration of the 14 children’s behavioral health system. 15 2. Provide consultation services support to agencies 16 regarding the development of administrative rules for the 17 children’s behavioral health system. 18 3. Identify behavioral health outcomes and indicators for 19 eligible children with a serious emotional disturbance to 20 promote children living with their own families and in the 21 community. 22 4. Submit a written report on or before December 1 of each 23 year to the governor and the general assembly. At a minimum, 24 the report shall include a summary of all activities undertaken 25 by the state board council relating to the children’s 26 behavioral health system and results from identified behavioral 27 health outcomes and indicators for the children’s behavioral 28 health system. 29 Sec. 561. Section 225C.55, Code 2024, is amended to read as 30 follows: 31 225C.55 Definitions. 32 As used in this subchapter , unless the context otherwise 33 requires: 34 1. “Children’s behavioral health services” means the same as 35 -245- LSB 5023SV (3) 90 ss/ns 245/ 312
S.F. 2385 defined in section 225C.2 . 1 2. “Council” means the council on health and human services. 2 2. 3. “Department” means the department of health and human 3 services. 4 3. 4. “Director” means the director of health and human 5 services. 6 4. 5. “Disability services” means the same as defined in 7 section 225C.2 . 8 5. 6. “Population” means, as of July 1 of the fiscal year 9 preceding the fiscal year in which the population figure is 10 applied, the population shown by the latest preceding certified 11 federal census or the latest applicable population estimate 12 issued by the United States census bureau, whichever is most 13 recent. 14 6. 7. “Regional administrator” means the administrative 15 office, organization, or entity formed by agreement of the 16 counties participating in a region to function on behalf of 17 those counties in accordance with this subchapter . 18 7. 8. “Serious emotional disturbance” means the same as 19 defined in section 225C.2 . 20 8. “State board” means the children’s system state board 21 created in section 225C.51 . 22 9. “State commission” means the mental health and disability 23 services commission created in section 225C.5 . 24 Sec. 562. Section 225C.66, subsection 3, Code 2024, is 25 amended to read as follows: 26 3. Pursuant to recommendations made by the state board, 27 the The department shall adopt rules to define the services 28 included in the core domains listed in this section . The rules 29 shall provide service definitions, service provider standards, 30 service access standards, and service implementation dates, and 31 shall provide consistency, to the extent possible, with similar 32 service definitions under the medical assistance program. 33 Sec. 563. REPEAL. Section 225C.51, Code 2024, is repealed. 34 DIVISION XV 35 -246- LSB 5023SV (3) 90 ss/ns 246/ 312
S.F. 2385 ELIMINATION OF CONGENITAL AND INHERITED DISORDERS ADVISORY 1 COMMITTEE 2 Sec. 564. Section 136A.2, Code 2024, is amended to read as 3 follows: 4 136A.2 Definitions. 5 As used in this chapter , unless the context otherwise 6 requires: 7 1. “Attending health care provider” means a licensed 8 physician, nurse practitioner, certified nurse midwife, or 9 physician assistant. 10 2. “Congenital and inherited disorders advisory committee” 11 or “advisory committee” means the congenital and inherited 12 disorders advisory committee created in this chapter . 13 3. 2. “Congenital disorder” means an abnormality existing 14 prior to or at birth, including a stillbirth, that adversely 15 affects the health and development of a fetus, newborn, child, 16 or adult, including a structural malformation or a genetic, 17 chromosomal, inherited, or biochemical disorder. 18 3. “Council” means the council on health and human services. 19 4. “Department” means the department of health and human 20 services. 21 5. “Disorder” means a congenital or inherited disorder. 22 6. “Genetics” means the study of inheritance and how genes 23 contribute to health conditions and the potential for disease. 24 7. “Genomics” means the functions and interactions of all 25 human genes and their variation within human populations, 26 including their interaction with environmental factors, and 27 their contribution to health. 28 8. “Inherited disorder” means a condition caused by an 29 abnormal change in a gene or genes passed from a parent or 30 parents to their child. Onset of the disorder may be prior to 31 or at birth, during childhood, or in adulthood. 32 9. “Stillbirth” means an unintended fetal death occurring 33 after a gestation period of twenty completed weeks, or an 34 unintended fetal death of a fetus with a weight of three 35 -247- LSB 5023SV (3) 90 ss/ns 247/ 312
S.F. 2385 hundred fifty or more grams. 1 Sec. 565. Section 136A.3A, Code 2024, is amended to read as 2 follows: 3 136A.3A Congenital and inherited disorders advisory committee 4 established —— process Process for addition of conditions to 5 newborn screening. 6 1. A congenital and inherited disorders advisory committee 7 is established to The council shall assist the department in 8 the development of programs that ensure the availability and 9 access to quality genetic and genomic health care services for 10 all Iowans. 11 2. The members of the advisory committee shall be appointed 12 by the director and shall include persons with relevant 13 expertise and interest including parent representatives. 14 3. 2. The advisory committee council shall assist the 15 department in designating the conditions to be included in the 16 newborn screening and in regularly evaluating the effectiveness 17 and appropriateness of the newborn screening. 18 4. 3. a. Beginning July 1, 2022, the advisory committee 19 council shall ensure that all conditions included in the 20 federal recommended uniform screening panel as of January 1, 21 2022, are included in the newborn screening. 22 b. Within twelve months of the addition of a new 23 condition to the federal recommended uniform screening panel, 24 the advisory committee council shall consider and make a 25 recommendation to the department regarding inclusion of the 26 new condition in the newborn screening, including the current 27 newborn screening capacity to screen for the new condition 28 and the resources necessary to screen for the new condition 29 going forward. If the advisory committee council recommends 30 inclusion of a new condition, the department shall include the 31 new condition in the newborn screening within eighteen months 32 of receipt of the recommendation. 33 5. 4. The department shall submit a status report to the 34 general assembly, annually, by December 31, regarding all of 35 -248- LSB 5023SV (3) 90 ss/ns 248/ 312
S.F. 2385 the following: 1 a. The current conditions included in the newborn screening. 2 b. Any new conditions currently under consideration or 3 recommended by the advisory committee council for inclusion in 4 the newborn screening. 5 c. Any new conditions considered but not recommended by the 6 advisory committee council in the prior twelve-month period and 7 the reason for not recommending any such conditions. 8 d. Any departmental request for additional program capacity 9 or resources necessitated by the inclusion of a recommended new 10 condition in the newborn screening. 11 e. Any delay and the reason for the delay by the advisory 12 committee council in complying with the specified twelve-month 13 time frame in considering or recommending the inclusion of a 14 new condition in the newborn screening to the department. 15 f. Any delay and the reason for the delay by the department 16 in complying with the specified eighteen-month time frame in 17 including a new condition in the newborn screening following 18 receipt of a recommendation from the advisory committee council 19 recommending the inclusion of such condition. 20 6. 5. The state hygienic laboratory shall establish 21 the newborn screening fee schedule in a manner sufficient 22 to support the newborn screening system of care including 23 laboratory screening costs, short-term and long-term follow-up 24 program costs, the newborn screening developmental fund, and 25 the cost of the department’s newborn screening data system. 26 DIVISION XVI 27 ELIMINATION OF EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL 28 Sec. 566. Section 147A.2, Code 2024, is amended to read as 29 follows: 30 147A.2 Council established —— terms of office on health and 31 human services —— advisory duties . 32 1. An EMS advisory council shall be appointed by the 33 director. Membership of the council shall be comprised of 34 individuals nominated from, but not limited to, the following 35 -249- LSB 5023SV (3) 90 ss/ns 249/ 312
S.F. 2385 state or national organizations: Iowa osteopathic medical 1 association, Iowa medical society, American college of 2 emergency physicians, Iowa physician assistant society, Iowa 3 academy of family physicians, university of Iowa hospitals 4 and clinics, American academy of emergency medicine, American 5 academy of pediatrics, Iowa EMS association, Iowa firefighters 6 association, Iowa professional fire fighters, EMS education 7 programs committee, Iowa nurses association, Iowa hospital 8 association, and the Iowa state association of counties. The 9 council shall also include at least two at-large members 10 who are volunteer emergency medical care providers and a 11 representative of a private service program. 12 2. The EMS advisory council on health and human services 13 shall advise the director and develop policy recommendations 14 concerning the regulation, administration, and coordination of 15 emergency medical services in the state. 16 Sec. 567. REPEAL. Section 147A.3, Code 2024, is repealed. 17 DIVISION XVII 18 ELIMINATION OF TRAUMA SYSTEM ADVISORY COUNCIL 19 Sec. 568. Section 147A.23, Code 2024, is amended to read as 20 follows: 21 147A.23 Trauma care system development. 22 1. The department is designated as a lead agency in this 23 state responsible for the development of a statewide trauma 24 care system. 25 2. The department , in consultation with the trauma system 26 advisory council, shall develop, coordinate, and monitor a 27 statewide trauma care system. This system shall include, but 28 not be limited to, the following: 29 a. (1) Development of criteria for the categorization 30 of all hospitals and emergency care facilities according to 31 their trauma care capabilities. These categories shall be for 32 levels I, II, III, and IV, based on the most current guidelines 33 published by the American college of surgeons committee on 34 trauma, the American college of emergency physicians, and 35 -250- LSB 5023SV (3) 90 ss/ns 250/ 312
S.F. 2385 the model trauma care plan of the United States department 1 of health and human services’ health resources and services 2 administration. 3 (2) The categorization of all hospitals and emergency 4 care facilities by the department as to their capacity to 5 provide trauma care services. The categorization shall be 6 determined by the department from self-reported information 7 provided to the department by the hospital or emergency care 8 facility. This categorization shall not be construed to imply 9 any guarantee on the part of the department as to the level of 10 trauma care services available at the hospital or emergency 11 care facility. 12 b. (1) Development of a process for the verification of 13 the trauma care capacity of each facility and the issuance of a 14 certificate of verification. The standards and verification 15 process shall be established by rule and may vary as 16 appropriate by level of trauma care capability. To the extent 17 possible, the standards and verification process shall be 18 coordinated with other applicable accreditation and licensing 19 standards. 20 (2) The issuance of a certificate of verification of all 21 categorized hospitals and emergency care facilities from the 22 department at the level preferred by the hospital or emergency 23 care facility. The standards and verification process shall 24 be established by rule and may vary as appropriate by level of 25 trauma care capability. To the extent possible, the standards 26 and verification process shall be coordinated with other 27 applicable accreditation and licensing standards. 28 c. Upon verification and the issuance of a certificate 29 of verification, agreement by a hospital or emergency care 30 facility agrees to maintain a level of commitment and resources 31 sufficient to meet responsibilities and standards as required 32 by the trauma care criteria established by rule under this 33 subchapter . Verifications are valid for a period of three 34 years or as determined by the department and are renewable. As 35 -251- LSB 5023SV (3) 90 ss/ns 251/ 312
S.F. 2385 part of the verification and renewal process, the department 1 may conduct periodic on-site reviews of the services and 2 facilities of the hospital or emergency care facility. 3 d. Implementation of an Iowa trauma care plan. 4 e. Development of standards for medical direction, trauma 5 care, triage and transfer protocols, and trauma registries. 6 f. Promotion of public information and education activities 7 for injury prevention. 8 g. The development of strategies and the review of rules 9 adopted under this subchapter to promote optimal trauma care 10 delivery throughout the state. 11 h. Development, implementation, and conducting of trauma 12 care system evaluation, quality assessment, and quality 13 improvement. 14 d. 3. The department is responsible for the funding of the 15 administrative costs of this subchapter . Any funds received 16 by the department for this purpose shall be deposited in the 17 emergency medical services fund established in section 135.25 . 18 e. 4. This section shall not be construed to limit the 19 number and distribution of level I, II, III, and IV categorized 20 and verified trauma care facilities in a community or region. 21 5. Proceedings, records, and reports developed pursuant 22 to this section constitute peer review records under section 23 147.135, and are not subject to discovery by subpoena or 24 admissible as evidence. All information and documents 25 received from a hospital or emergency care facility under this 26 subchapter shall be confidential pursuant to section 272C.6, 27 subsection 4. 28 Sec. 569. Section 147A.26, subsection 1, Code 2024, is 29 amended to read as follows: 30 1. The department shall maintain a statewide trauma 31 reporting system by which the trauma system advisory council 32 and the department may monitor the effectiveness of the 33 statewide trauma care system. 34 Sec. 570. REPEAL. Section 147A.24, Code 2024, is repealed. 35 -252- LSB 5023SV (3) 90 ss/ns 252/ 312
S.F. 2385 DIVISION XVIII 1 ELIMINATION OF JUSTICE ADVISORY BOARD 2 Sec. 571. Section 216A.131, Code 2024, is amended to read 3 as follows: 4 216A.131 Definitions. 5 For the purpose of this subchapter , unless the context 6 otherwise requires : 7 1. “Board” means the justice advisory board. 8 2. “Department” , “department” means the department of health 9 and human services. 10 Sec. 572. Section 216A.133, Code 2024, is amended to read 11 as follows: 12 216A.133 Purpose and Department duties. 13 1. The purpose of the board department shall be do all of 14 the following: 15 a. Develop short-term and long-term goals to improve the 16 criminal and juvenile justice systems. 17 b. Identify and analyze justice system issues , including 18 the impact of present criminal and juvenile justice policy, and 19 make recommendations for policy change . 20 c. Develop and assist others in implementing recommendations 21 and plans for justice system improvement. 22 d. Provide the general assembly with an analysis of current 23 and proposed criminal code provisions. 24 e. Provide for a clearinghouse of justice system information 25 to coordinate with data resource agencies and assist others in 26 the use of justice system data. 27 2. The board shall advise the department on its 28 administration of state and federal grants and appropriations 29 and shall carry out other functions consistent with this 30 subchapter . 31 3. The duties of the board shall consist of the following: 32 a. Identifying issues and analyzing the operation and impact 33 of present criminal and juvenile justice policy and making 34 recommendations for policy changes. 35 -253- LSB 5023SV (3) 90 ss/ns 253/ 312
S.F. 2385 b. f. Coordinating Coordinate with data resource agencies 1 to provide data and analytical information to federal, state, 2 and local governments, and assisting assist agencies in the use 3 of criminal and juvenile justice data. 4 c. g. Reporting Report criminal justice system needs to the 5 governor, the general assembly, and other decision makers to 6 improve the criminal justice system. 7 d. h. Reporting Report juvenile justice system needs to 8 the governor, the general assembly, and other decision makers 9 to address issues specifically affecting the juvenile justice 10 system, including evidence-based programs for group foster 11 care placements and the state training school, diversion, and 12 community-based services for juvenile offenders. 13 e. i. Providing Provide technical assistance upon request 14 to state and local agencies. 15 f. j. Administering Administer federal funds and funds 16 appropriated by the state or that are otherwise available 17 in compliance with applicable laws, regulations, and other 18 requirements for purposes of study, research, investigation, 19 planning, and implementation in the areas of criminal and 20 juvenile justice. 21 g. k. Making Make grants to cities, counties, and other 22 entities pursuant to applicable law. 23 h. l. Maintaining Maintain an Iowa correctional policy 24 project as provided in section 216A.137 . 25 i. m. Providing Provide input and make recommendations 26 to the director including in the development of a budget 27 recommendations for the department. 28 j. Developing and making recommendations to the director. 29 k. n. Serving as a liaison between the department and 30 the public, sharing Share information and gathering gather 31 constituency input. 32 l. Recommending to the department the adoption of rules 33 pursuant to chapter 17A as it deems necessary for the board and 34 department. 35 -254- LSB 5023SV (3) 90 ss/ns 254/ 312
S.F. 2385 m. o. Recommending Recommend legislative and executive 1 action to the governor and general assembly. 2 n. p. Establishing Establish advisory committees, work 3 groups, or other coalitions as appropriate. 4 o. q. Providing Provide the general assembly with 5 an analysis and recommendations of current criminal code 6 provisions and proposed legislation which include but are not 7 limited to all of the following: 8 (1) Potential disparity in sentencing. 9 (2) Truth in sentencing. 10 (3) Victims. 11 (4) The proportionality of specific sentences. 12 (5) Sentencing procedures. 13 (6) Costs associated with the implementation of criminal 14 code provisions, including costs to the judicial branch, 15 department of corrections, and judicial district departments 16 of correctional services, costs for representing indigent 17 defendants, and costs incurred by political subdivisions of the 18 state. 19 (7) Best practices related to the department of corrections 20 including recidivism rates, safety and the efficient use of 21 correctional staff, and compliance with correctional standards 22 set by the federal government and other jurisdictions. 23 (8) Best practices related to the Iowa child death state 24 mortality review team committee established in section 135.43 25 and the Iowa domestic abuse death review team established in 26 section 135.109 . 27 p. r. Studying Study and making make recommendations for 28 treating and supervising adult and juvenile sex offenders in 29 institutions, community-based programs, and in the community, 30 in areas which include but are not limited to all of the 31 following: 32 (1) The effectiveness of electronically monitoring sex 33 offenders. 34 (2) The cost and effectiveness of special sentences 35 -255- LSB 5023SV (3) 90 ss/ns 255/ 312
S.F. 2385 pursuant to chapter 903B . 1 (3) Risk assessment models created for sex offenders. 2 (4) Determining the best treatment programs available for 3 sex offenders and the efforts of Iowa and other states to 4 implement treatment programs. 5 (5) The efforts of Iowa and other states to prevent sex 6 abuse-related crimes including child sex abuse. 7 (6) Any other related issues the board deems necessary, 8 including but not limited to computer and internet sex-related 9 crimes, sex offender case management, best practices for sex 10 offender supervision, the sex offender registry, and the 11 effectiveness of safety zones. 12 q. s. Providing Provide expertise and advice to the 13 legislative services agency, the department of corrections, the 14 judicial branch, and others charged with formulating fiscal, 15 correctional, or minority impact statements. 16 r. t. Reviewing Review data supplied by the department, the 17 department of management, the legislative services agency, the 18 Iowa supreme court, and other departments or agencies for the 19 purpose of determining the effectiveness and efficiency of the 20 collection of such data. 21 4. 2. The board department shall submit reports, in 22 accordance with section 216A.135 , to the governor and general 23 assembly regarding actions taken, issues studied, and board 24 council recommendations. 25 Sec. 573. Section 216A.135, subsection 1, Code 2024, is 26 amended to read as follows: 27 1. The board department shall submit a three-year criminal 28 and juvenile justice plan for the state, beginning December 1, 29 2020, and every three years thereafter, by December 1. The 30 three-year plan shall be updated annually. Each three-year 31 plan and annual updates of the three-year plan shall be 32 submitted to the governor and the general assembly by December 33 1. 34 Sec. 574. Section 216A.137, subsection 1, Code 2024, is 35 -256- LSB 5023SV (3) 90 ss/ns 256/ 312
S.F. 2385 amended to read as follows: 1 1. The department shall maintain an Iowa correctional 2 policy project for the purpose of conducting analyses of 3 major correctional issues affecting the criminal and juvenile 4 justice system. The board department shall identify and 5 prioritize the issues and studies to be addressed by the 6 department through this project and shall report project 7 plans and findings annually along with the report required 8 in section 216A.135 . Issues and studies to be considered by 9 the board shall include but are not limited to a review of the 10 information systems available to assess corrections trends 11 and program effectiveness, the development of an evaluation 12 plan for assessing the impact of corrections expenditures, 13 and a study of the desirability and feasibility of changing 14 the state’s sentencing practices, which includes a prison 15 population forecast. 16 Sec. 575. REPEAL. Section 216A.132, Code 2024, is repealed. 17 DIVISION XIX 18 ELIMINATION OF IOWA COLLABORATION FOR YOUTH DEVELOPMENT COUNCIL 19 Sec. 576. Section 216A.140, Code 2024, is amended to read 20 as follows: 21 216A.140 Iowa collaboration for youth development council —— 22 state State of Iowa youth advisory council. 23 1. Definitions. For the purposes of this section , unless 24 the context otherwise requires: 25 a. “Youth” means children and young persons who are ages six 26 through twenty-one years. 27 b. “Youth advisory council” means the state of Iowa youth 28 advisory council created by this section . 29 c. “Youth development council” means the Iowa collaboration 30 for youth development council created by this section . 31 2. Collaboration council created. An Iowa collaboration for 32 youth development council is created as an alliance of state 33 agencies that address the needs of youth in Iowa. 34 3. Purpose. The purpose of the youth development council is 35 -257- LSB 5023SV (3) 90 ss/ns 257/ 312
S.F. 2385 to improve the lives and futures of Iowa’s youth by doing all 1 of the following: 2 a. Adopting and applying positive youth development 3 principles and practices at the state and local levels. 4 b. Increasing the quality, efficiency, and effectiveness of 5 opportunities and services and other supports for youth. 6 c. Improving and coordinating state youth policy and 7 programs across state agencies. 8 4. Vision statement. All youth development activities 9 addressed by the youth development council shall be aligned 10 around the following vision statement: 11 “All Iowa youth will be safe, healthy, successful, and prepared 12 for adulthood.” 13 5. Membership. The youth development council membership 14 shall be determined by the council itself and shall include the 15 directors or chief administrators, or their designees, from the 16 following state agencies and programs: 17 a. Child advocacy board. 18 b. Department of education. 19 c. Department of health and human services. 20 d. Department of workforce development. 21 e. Office of drug control policy. 22 f. Iowa cooperative extension service in agriculture and 23 home economics. 24 6. Procedure. Except as otherwise provided by law, the 25 youth development council shall determine its own rules of 26 procedure and operating policies, including but not limited 27 to terms of members. The youth development council may form 28 committees or subgroups as necessary to achieve its purpose. 29 7. Duties. The youth development council’s duties shall 30 include but are not limited to all of the following: 31 a. Study, explore, and plan for the best approach to 32 structure and formalize the functions and activities of the 33 youth development council to meet its purpose, and make formal 34 recommendations for improvement to the governor and general 35 -258- LSB 5023SV (3) 90 ss/ns 258/ 312
S.F. 2385 assembly. 1 b. Review indicator data and identify barriers to youth 2 success and develop strategies to address the barriers. 3 c. Coordinate across agencies the state policy priorities 4 for youth. 5 d. Strengthen partnerships with the nonprofit and private 6 sectors to gather input, build consensus, and maximize use of 7 existing resources and leverage new resources to improve the 8 lives of youth and their families. 9 e. Oversee the activities of the youth advisory council. 10 f. Seek input from and engage the youth advisory council 11 in the development of more effective policies, practices, and 12 programs to improve the lives and futures of youth. 13 g. Report annually by February 1 to the governor and general 14 assembly. 15 8. 2. State of Iowa youth advisory council. A state of 16 Iowa youth advisory council is created to provide input to the 17 governor, general assembly, and state and local policymakers on 18 youth issues. 19 a. The purpose of the youth advisory council is to foster 20 communication among a group of engaged youth and the governor, 21 general assembly, and state and local policymakers regarding 22 programs, policies, and practices affecting youth and families; 23 and to advocate for youth on important issues affecting youth ; 24 and to improve the lives and futures of Iowa’s youth . 25 b. The youth advisory council shall consist of no more than 26 twenty-one youth ages fourteen through twenty years who reside 27 in Iowa. Membership shall be for two-year staggered terms. 28 The director or the director’s designee shall select council 29 members using an application process. The director or the 30 director’s designee shall strive to maintain a diverse council 31 membership and shall take into consideration race, ethnicity, 32 disabilities, gender, and geographic location of residence of 33 the applicants. 34 c. Except as otherwise provided by law, the youth advisory 35 -259- LSB 5023SV (3) 90 ss/ns 259/ 312
S.F. 2385 council shall determine its own rules of procedure and 1 operating policies, subject to approval by the director or the 2 director’s designee. 3 d. The youth advisory council shall meet at least quarterly. 4 do all of the following: 5 (1) Adopt and apply positive youth development principles 6 and practices at the state and local levels. 7 (2) Increase the quality, efficiency, and effectiveness of 8 opportunities and services and other supports for youth. 9 (3) Improve, coordinate, and prioritize state youth policy 10 and programs across state agencies. 11 (4) Align all policies around the vision that all Iowa youth 12 will be safe, healthy, successful, and prepared for adulthood. 13 (5) Review indicator data, identify barriers to youth 14 success, and develop strategies to address the barriers. 15 (6) Strengthen partnerships with the nonprofit and private 16 sectors to gather input, build consensus, and maximize the use 17 of existing resources and leverage new resources to improve the 18 lives of youth and their families. 19 (7) Report annually by February 1 to the governor and the 20 general assembly. 21 9. 3. Lead agency. The lead agency for support of the Iowa 22 collaboration for youth development council and the state of 23 Iowa youth advisory council is the department. The department 24 shall coordinate activities and, with funding made available 25 to it for such purposes, provide staff support for the youth 26 development council and the youth advisory council. 27 DIVISION XX 28 ELIMINATION OF COMMISSIONS UNDER HUMAN RIGHTS BOARD 29 Sec. 577. Section 216A.1, subsection 1, paragraph a, Code 30 2024, is amended by striking the paragraph and inserting in 31 lieu thereof the following: 32 a. Community advocacy and services on behalf of 33 underrepresented populations in the state. 34 Sec. 578. Section 216A.3, Code 2024, is amended to read as 35 -260- LSB 5023SV (3) 90 ss/ns 260/ 312
S.F. 2385 follows: 1 216A.3 Human rights board. 2 1. A human rights board is created within the department. 3 2. The board shall consist of sixteen twelve members, 4 including eleven seven voting members and five nonvoting 5 members , and determined as follows: 6 a. The voting members shall consist of nine seven voting 7 members selected by each of the permanent commissions within 8 the department, and two voting members, appointed by the 9 governor. For purposes of this paragraph “a” , “permanent 10 commissions” means the commission of Latino affairs, 11 commission on the status of women, commission of persons 12 with disabilities, commission on community action agencies, 13 commission of deaf services, justice advisory board, commission 14 on the status of African Americans, commission of Asian and 15 Pacific Islander affairs, and commission of Native American 16 affairs who shall be appointed by the governor, subject to 17 confirmation by the senate pursuant to section 2.32, and shall 18 represent underrepresented populations in the state. All 19 voting members shall reside in the state . The term of office 20 for voting members is four years. 21 b. The nonvoting members shall consist of the department 22 director, two state representatives, one appointed by the 23 speaker of the house of representatives and one by the minority 24 leader of the house of representatives, and two state senators, 25 one appointed by the majority leader of the senate and one by 26 the minority leader of the senate. 27 3. A majority of the voting members of the board shall 28 constitute a quorum, and the affirmative vote of two-thirds of 29 the voting members present is necessary for any substantive 30 action taken by the board. The board shall select a 31 chairperson from the voting members of the board. The board 32 shall meet not less than four times a year. 33 4. The board shall develop do all of the following: 34 a. Develop and monitor implementation of a comprehensive 35 -261- LSB 5023SV (3) 90 ss/ns 261/ 312
S.F. 2385 strategic plan to remove barriers for underrepresented 1 populations or groups and, in doing so, to increase Iowa’s 2 productivity and inclusivity, including performance measures 3 and benchmarks. 4 b. Study the opportunities for and changing needs of the 5 underrepresented populations or groups in the state. 6 c. Serve as a liaison between the department and the public, 7 sharing information and gathering constituency input. 8 d. Recommend to the department the adoption of rules 9 pursuant to chapter 17A as the board deems necessary. 10 e. Recommend legislative and executive action to the 11 governor and general assembly to advance the interests of 12 underrepresented populations or groups and to improve the 13 status of low-income persons in the state. 14 f. Establish advisory committees, work groups, or other 15 coalitions as appropriate. 16 g. Advance the interests of underrepresented populations 17 or groups in the areas of human rights, access to justice, 18 economic equality, and the elimination of discrimination. 19 Sec. 579. Section 216A.4, Code 2024, is amended to read as 20 follows: 21 216A.4 Definitions. 22 For purposes of this chapter , unless the context otherwise 23 requires: 24 1. “Asian or Pacific Islander” means an individual from any 25 of the countries of Asia or islands of the Pacific. 26 1. 2. “Board” means the human rights board. 27 2. 3. “Department” means the department of health and human 28 services. 29 3. 4. “Director” means the director of health and human 30 services. 31 5. “Tribal government” means the governing body of a 32 federally recognized Indian tribe. 33 4. 6. “Underrepresented” means the historical 34 marginalization of populations or groups in the United States 35 -262- LSB 5023SV (3) 90 ss/ns 262/ 312
S.F. 2385 and Iowa, including but not limited to African Americans, Asian 1 and Pacific Islanders, persons who are deaf or hard of hearing, 2 persons with disabilities, Latinos, Native Americans, women, 3 persons who have low socioeconomic status, at-risk youth, and 4 adults or juveniles with a criminal history. 5 COMMISSION AND OFFICE OF LATINO AFFAIRS ELIMINATION 6 Sec. 580. REPEAL. Sections 216A.11, 216A.12, 216A.13, 7 216A.14, and 216A.15, Code 2024, are repealed. 8 COMMISSION AND OFFICE ON THE STATUS OF WOMEN ELIMINATION 9 Sec. 581. Section 241.3, subsection 2, Code 2024, is amended 10 to read as follows: 11 2. The department shall consult and cooperate with the 12 department of workforce development, the United States 13 commissioner of social security administration, the office 14 on the status of women of the department, the department of 15 education, and other persons in the executive branch of the 16 state government as the department considers appropriate to 17 facilitate the coordination of multipurpose service programs 18 established under this chapter with existing programs of a 19 similar nature. 20 Sec. 582. REPEAL. Sections 216A.51, 216A.52, 216A.53, and 21 216A.54, Code 2024, are repealed. 22 COMMISSION AND OFFICE ON PERSONS WITH DISABILITIES ELIMINATION 23 Sec. 583. REPEAL. Sections 216A.71, 216A.72, 216A.74, and 24 216A.75, Code 2024, are repealed. 25 COMBINING OF DEAF SERVICES COMMISSION AND DUAL PARTY RELAY 26 COUNCIL 27 Sec. 584. Section 216A.111, subsection 2, Code 2024, is 28 amended by striking the subsection. 29 Sec. 585. Section 216A.113, Code 2024, is amended to read 30 as follows: 31 216A.113 Deaf services commission established. 32 1. The commission of deaf services is established, and shall 33 consist of seven voting members appointed by the governor , 34 subject to confirmation by the senate pursuant to section 35 -263- LSB 5023SV (3) 90 ss/ns 263/ 312
S.F. 2385 2.32 . Membership of the commission shall include at least four 1 members who are deaf and at least one member who is or hard of 2 hearing , and three members who are representatives of telephone 3 companies . The commission shall also include the director, or 4 the director’s designee, as a nonvoting member. All members 5 shall reside in Iowa. 6 2. Members Voting members of the commission shall serve 7 four-year staggered terms which shall begin and end pursuant to 8 section 69.19 . Members Voting members whose terms expire may 9 be reappointed. Vacancies on the commission may be filled for 10 the remainder of the term in the same manner as the original 11 appointment. Members Voting members shall receive actual 12 expenses incurred while serving in their official capacity, 13 subject to statutory limits. Members Voting members may also 14 be eligible to receive compensation as provided in section 15 7E.6 . 16 3. Members The voting members of the commission shall 17 appoint a chairperson and vice chairperson and other officers 18 as the commission deems necessary. The commission shall 19 meet at least quarterly during each fiscal year. A majority 20 of the voting members currently appointed to the commission 21 shall constitute a quorum. A quorum shall be required for the 22 conduct of business of the commission, and the affirmative vote 23 of a majority of the currently appointed voting members is 24 necessary for any substantive action taken by the commission. 25 A voting member shall not vote on any action if the voting 26 member has a conflict of interest on the matter, and a 27 statement by the voting member of a conflict of interest shall 28 be conclusive for this purpose. 29 Sec. 586. Section 216A.114, Code 2024, is amended to read 30 as follows: 31 216A.114 Commission powers and duties. 32 The commission shall have the following powers and duties: 33 1. Study the changing needs and opportunities for the deaf 34 and hard-of-hearing people in this state. 35 -264- LSB 5023SV (3) 90 ss/ns 264/ 312
S.F. 2385 2. Serve as a liaison between the office department and the 1 public, sharing information and gathering constituency input. 2 3. Recommend to the board for adoption rules pursuant 3 to chapter 17A as it deems necessary for the commission and 4 office. 5 4. Recommend legislative and executive action to the 6 governor and general assembly. 7 5. Establish advisory committees, work groups, or other 8 coalitions as appropriate. 9 6. Advise the utilities board on the planning, 10 establishment, administration, and promotion of a statewide 11 program to provide dual party relay service and to secure, 12 finance, and distribute telecommunications devices for the deaf 13 and hard of hearing pursuant to chapter 477C. 14 Sec. 587. Section 477C.2, Code 2024, is amended to read as 15 follows: 16 477C.2 Definitions. 17 As used in this chapter , unless the context otherwise 18 requires: 19 1. “Board” means the utilities board created in section 20 474.1 . 21 2. “Commission” means the commission on deaf services 22 created in section 216A.113. 23 2. 3. “Communication disorder” means the inability to use 24 the telephone for communication without a telecommunications 25 device for the deaf and hard of hearing. 26 3. “Council” means the dual party relay council established 27 in section 477C.5 . 28 4. “Dual party relay service” or “relay service” means a 29 communication service which provides persons with communication 30 disorders access to the telephone system functionally 31 equivalent to the access available to persons without 32 communication disorders. 33 5. “Telecommunications device for the deaf and hard of 34 hearing” means any specialized or supplemental telephone 35 -265- LSB 5023SV (3) 90 ss/ns 265/ 312
S.F. 2385 equipment used by persons with communication disorders to 1 provide access to the telephone system. 2 Sec. 588. Section 477C.3, unnumbered paragraph 1, Code 3 2024, is amended to read as follows: 4 With the advice of the council commission , the board shall 5 plan, establish, administer, and promote a statewide program to 6 provide dual party relay service as follows: 7 Sec. 589. Section 477C.4, Code 2024, is amended to read as 8 follows: 9 477C.4 Telecommunications devices for the deaf and hard of 10 hearing. 11 With the advice of the council commission , the board may 12 plan, establish, administer, and promote a program to secure, 13 finance, and distribute telecommunications devices for the 14 deaf and hard of hearing. The board may establish eligibility 15 criteria for persons to receive telecommunications devices 16 for the deaf and hard of hearing, including but not limited 17 to requiring certification that the recipient cannot use the 18 telephone for communication without a telecommunications device 19 for the deaf and hard of hearing. 20 Sec. 590. Section 477C.5, subsection 2, paragraph c, Code 21 2024, is amended by striking the paragraph. 22 Sec. 591. Section 622B.4, Code 2024, is amended to read as 23 follows: 24 622B.4 List. 25 The office of deaf services of the department of health and 26 human services shall prepare and continually update a listing 27 of qualified and available sign language interpreters. The 28 courts and administrative agencies shall maintain a directory 29 of qualified interpreters for deaf and hard-of-hearing 30 persons as furnished by the department of health and human 31 services. The office of deaf services of the department 32 of health and human services shall maintain a list of sign 33 language interpreters which shall be made available to a court, 34 administrative agency, or interested parties to an action using 35 -266- LSB 5023SV (3) 90 ss/ns 266/ 312
S.F. 2385 the services of a sign language interpreter. 1 Sec. 592. REPEAL. Sections 216A.112 and 477C.5, Code 2024, 2 are repealed. 3 COMMISSION AND OFFICE ON STATUS OF AFRICAN AMERICANS 4 ELIMINATION 5 Sec. 593. REPEAL. Sections 216A.141, 216A.142, 216A.143, 6 and 216A.146, Code 2024, are repealed. 7 COMMISSION AND OFFICE ON ASIAN AND PACIFIC ISLANDERS 8 ELIMINATION 9 Sec. 594. REPEAL. Sections 216A.151, 216A.152, 216A.153, 10 and 216A.154, Code 2024, are repealed. 11 COMMISSION AND OFFICE OF NATIVE AMERICAN AFFAIRS ELIMINATION 12 Sec. 595. Section 216A.167, Code 2024, is amended to read 13 as follows: 14 216A.167 Limitations on authority. 15 1. The commission board and office department shall not have 16 the authority to do any of the following: 17 a. Implement or administer the duties of the state of Iowa 18 under the federal Indian Gaming Regulatory Act, shall not have 19 any authority to recommend, negotiate, administer, or enforce 20 any agreement or compact entered into between the state of Iowa 21 and Indian tribes located in the state pursuant to section 22 10A.104 , and shall not have any authority relative to Indian 23 gaming issues. 24 b. Administer the duties of the state under the federal 25 National Historic Preservation Act, the federal Native American 26 Graves Protection and Repatriation Act, and chapter 263B . The 27 commission board shall also not interfere with the advisory 28 role of a separate Indian advisory council or committee 29 established by the state archeologist by rule for the purpose 30 of consultation on matters related to ancient human skeletal 31 remains and associated artifacts. 32 2. This subchapter shall not diminish or inhibit the right 33 of any tribal government to interact directly with the state 34 or any of its departments or agencies for any purpose which a 35 -267- LSB 5023SV (3) 90 ss/ns 267/ 312
S.F. 2385 tribal government desires to conduct its business or affairs as 1 a sovereign governmental entity. 2 Sec. 596. REPEAL. Sections 216A.161, 216A.162, 216A.163, 3 216A.165, and 216A.166, Code 2024, are repealed. 4 COMMUNITY ACTION AGENCY COMMISSION ELIMINATION 5 Sec. 597. Section 216A.91, Code 2024, is amended to read as 6 follows: 7 216A.91 Definitions. 8 For purposes of this subchapter , unless the context 9 otherwise requires: 10 1. “Commission” means the commission on community action 11 agencies. 12 2. 1. “Community action agency” means a public agency 13 or a private nonprofit agency which is authorized under its 14 charter or bylaws to receive funds to administer community 15 action programs and is designated by the governor to receive 16 and administer the funds. 17 3. 2. “Community action program” means a program conducted 18 by a community action agency which includes projects to provide 19 a range of services to improve the conditions of poverty in the 20 area served by the community action agency. 21 Sec. 598. Section 216A.93, Code 2024, is amended to read as 22 follows: 23 216A.93 Establishment of community action agencies. 24 The department shall recognize and assist in the designation 25 of certain community action agencies to assist in the delivery 26 of community action programs. These programs shall include but 27 not be limited to outreach, community services block grant, 28 low-income energy assistance, and weatherization programs. If 29 a community action agency is in effect and currently serving an 30 area, that community action agency shall become the designated 31 community action agency for that area. If any geographic area 32 of the state ceases to be served by a designated community 33 action agency, the department may solicit applications and 34 assist the governor in designating a community action agency 35 -268- LSB 5023SV (3) 90 ss/ns 268/ 312
S.F. 2385 for that area in accordance with current community services 1 block grant requirements. The department shall supervise the 2 collection of data regarding the scope of services provided by 3 the community action agencies. 4 Sec. 599. Section 541A.1, Code 2024, is amended to read as 5 follows: 6 541A.1 Definitions. 7 For the purposes of this chapter , unless the context 8 otherwise requires: 9 1. “Account holder” means an individual who is the owner of 10 an individual development account. 11 2. “Charitable contributor” means a nonprofit association 12 described in section 501(c)(3) of the Internal Revenue Code 13 which makes a deposit to an individual development account 14 and which is exempt from taxation under section 501(a) of the 15 Internal Revenue Code. 16 3. “Commission” means the commission on community action 17 agencies created in section 216A.92A . 18 4. 3. “Department” means the department of health and human 19 services. 20 5. 4. “Director” means the director of health and human 21 services. 22 6. 5. “Federal poverty level” means the first poverty 23 income guidelines published in the calendar year by the United 24 States department of health and human services. 25 7. 6. “Financial institution” means a financial institution 26 approved by the director as an investment mechanism for 27 individual development accounts. 28 8. 7. “Household income” means the annual household 29 income of an account holder or prospective account holder, as 30 determined in accordance with rules adopted by the director. 31 9. 8. “Individual contributor” means an individual who 32 makes a deposit to an individual development account and is not 33 the account holder or a charitable contributor. 34 10. 9. “Individual development account” means either of the 35 -269- LSB 5023SV (3) 90 ss/ns 269/ 312
S.F. 2385 following: 1 a. A financial instrument that is certified to have the 2 characteristics described in section 541A.2 by the operating 3 organization. 4 b. A financial instrument that is certified by the 5 operating organization to have the characteristics described 6 in and funded by a federal individual development account 7 program under which federal and state funding contributed to 8 match account holder deposits is deposited by an operating 9 organization in accordance with federal law and regulations, 10 and which includes but is not limited to any of the programs 11 implemented under the following federal laws: 12 (1) The federal Personal Responsibility and Work 13 Opportunity Act of 1996, 42 U.S.C. §604(h). 14 (2) The federal Assets for Independence Act, Pub. L. No. 15 105-285, Tit. IV. 16 11. 10. “Operating organization” means an agency selected 17 by the department for involvement in operating individual 18 development accounts directed to a specific target population. 19 12. 11. “Source of principal” means any of the sources of 20 a deposit to an individual development account under section 21 541A.2, subsection 2 . 22 Sec. 600. Section 541A.5, subsections 1 and 2, Code 2024, 23 are amended to read as follows: 24 1. The commission department , in consultation with 25 the department of administrative services, shall adopt 26 administrative rules to administer this chapter . 27 2. a. The rules adopted by the commission department 28 shall include but are not limited to provision for transfer 29 of an individual development account to a different financial 30 institution than originally approved by the department, if 31 the different financial institution has an agreement with the 32 account’s operating organization. 33 b. The rules for determining household income may provide 34 categorical eligibility for prospective account holders who are 35 -270- LSB 5023SV (3) 90 ss/ns 270/ 312
S.F. 2385 enrolled in programs with income eligibility restrictions that 1 are equal to or less than the maximum household income allowed 2 for payment of a state match under section 541A.3 . 3 c. Subject to the availability of funding, the commission 4 department may adopt rules implementing an individual 5 development account program for refugees. Rules shall identify 6 purposes authorized for withdrawals to meet the special needs 7 of refugee families. 8 Sec. 601. Section 541A.6, Code 2024, is amended to read as 9 follows: 10 541A.6 Compliance with federal requirements. 11 The commission department shall adopt rules for compliance 12 with federal individual development account requirements under 13 the federal Personal Responsibility and Work Opportunity 14 Reconciliation Act of 1996, §103, as codified in 42 U.S.C. 15 §604(h), under the federal Assets for Independence Act, Pub. 16 L. No. 105-285, Tit. IV, or with any other federal individual 17 development account program requirements for drawing federal 18 funding. Any rules adopted under this section shall not apply 19 the federal individual development account program requirements 20 to an operating organization which does not utilize federal 21 funding for the accounts with which it is connected or to an 22 account holder who does not receive temporary assistance for 23 needy families block grant or other federal funding. 24 Sec. 602. REPEAL. Sections 216A.92A and 216A.92B, Code 25 2024, are repealed. 26 ELIMINATION OF FAMILY DEVELOPMENT AND SELF-SUFFICIENCY COUNCIL 27 Sec. 603. Section 216A.107, Code 2024, is amended to read 28 as follows: 29 216A.107 Family development and self-sufficiency —— council 30 and grant program. 31 1. A family development and self-sufficiency council is 32 established within the department. The council shall consist 33 of the following persons: 34 a. The director of the department or the director’s 35 -271- LSB 5023SV (3) 90 ss/ns 271/ 312
S.F. 2385 designee. 1 b. The director of the school of social work at the 2 university of Iowa or the director’s designee. 3 c. The dean of the college of human sciences at Iowa state 4 university or the dean’s designee. 5 d. Two recipients or former recipients of the family 6 investment program, selected by the other members of the 7 council. 8 e. One recipient or former recipient of the family 9 investment program who is a member of a racial or ethnic 10 minority, selected by the other members of the council. 11 f. One member representing providers of services to victims 12 of domestic violence, selected by the other members of the 13 council. 14 g. The head of the department of design, textiles, 15 gerontology, and family studies at the university of northern 16 Iowa or that person’s designee. 17 h. The director of the department of education or the 18 director’s designee. 19 i. The director of the department of workforce development 20 or the director’s designee. 21 j. Two persons representing the business community, selected 22 by the other members of the council. 23 k. Two members from each chamber of the general assembly 24 serving as ex officio, nonvoting members. The two members 25 of the senate shall be appointed one each by the majority 26 leader and the minority leader of the senate. The two 27 members of the house of representatives shall be appointed one 28 each by the speaker and the minority leader of the house of 29 representatives. 30 2. Unless otherwise provided by law, terms of members, 31 election of officers, and other procedural matters shall be 32 as determined by the council. A quorum shall be required for 33 the conduct of business of the council, and the affirmative 34 vote of a majority of the currently appointed voting members 35 -272- LSB 5023SV (3) 90 ss/ns 272/ 312
S.F. 2385 is necessary for any substantive action taken by the council. 1 A member shall not vote on any action if the member has a 2 conflict of interest on the matter, and a statement by the 3 member of a conflict of interest shall be conclusive for this 4 purpose. 5 3. 1. The family development and self-sufficiency council 6 on health and human services shall do all of the following: 7 a. Identify the factors and conditions that place Iowa 8 families at risk of dependency upon the family investment 9 program. The council shall seek to use relevant research 10 findings and national and Iowa-specific data on the family 11 investment program. 12 b. Identify the factors and conditions that place Iowa 13 families at risk of family instability. The council shall 14 seek to use relevant research findings and national and 15 Iowa-specific data on family stability issues. 16 c. Subject to the availability of funds for this 17 purpose, award grants to public or private organizations 18 for provision of family development services to families at 19 risk of dependency on the family investment program or of 20 family instability. Not more than five percent of any funds 21 appropriated by the general assembly for the purposes of this 22 lettered paragraph may be used for staffing and administration 23 of the grants. Grant proposals for the family development and 24 self-sufficiency grant program shall include the following 25 elements: 26 (1) Designation of families to be served that meet one or 27 more criteria for being at risk of dependency on the family 28 investment program or of family instability, and agreement 29 to serve clients that are referred by the department from 30 the family investment program which meet the criteria. The 31 criteria may include but are not limited to factors such as 32 educational level, work history, family structure, age of the 33 youngest child in the family, previous length of stay on the 34 family investment program, and participation in the family 35 -273- LSB 5023SV (3) 90 ss/ns 273/ 312
S.F. 2385 investment program or the foster care program while the head of 1 a household was a child. Grant proposals shall also establish 2 the number of families to be served under the grant. 3 (2) Designation of the services to be provided for 4 the families served, including assistance regarding 5 job-seeking skills, family budgeting, nutrition, self-esteem, 6 methamphetamine education, health and hygiene, child rearing, 7 child education preparation, and goal setting. Grant proposals 8 shall indicate the support groups and support systems to be 9 developed for the families served during the transition between 10 the need for assistance and self-sufficiency. 11 (3) Designation of the manner in which other needs of the 12 families will be provided for, including but not limited to 13 child care assistance, transportation, substance use disorder 14 treatment, support group counseling, food, clothing, and 15 housing. 16 (4) Designation of the process for training of the staff 17 which provides services, and the appropriateness of the 18 training for the purposes of meeting family development and 19 self-sufficiency goals of the families being served. 20 (5) Designation of the support available within the 21 community for the program and for meeting subsequent needs of 22 the clients, and the manner in which community resources will 23 be made available to the families being served. 24 (6) Designation of the manner in which the program will be 25 subject to audit and to evaluation. 26 (7) Designation of agreement provisions for tracking and 27 reporting performance measures developed pursuant to paragraph 28 “d” . 29 d. Develop appropriate performance measures for the grant 30 program to demonstrate how the program helps families achieve 31 self-sufficiency. 32 e. Seek to enlist research support from the Iowa research 33 community in meeting the duties outlined in paragraphs “a” 34 through “d” . 35 -274- LSB 5023SV (3) 90 ss/ns 274/ 312
S.F. 2385 f. Seek additional support for the funding of grants under 1 the program, including but not limited to funds available 2 through the federal government in serving families at risk of 3 long-term welfare dependency, and private foundation grants. 4 g. Make recommendations to the governor and the general 5 assembly on the effectiveness of programs in Iowa and 6 throughout the country that provide family development services 7 that lead to self-sufficiency for families at risk of welfare 8 dependency. 9 4. 2. a. The department shall administer the family 10 development and self-sufficiency grant program. 11 b. To the extent that the family development and 12 self-sufficiency grant program is funded by the federal 13 temporary assistance for needy families block grant and by the 14 state maintenance of efforts funds appropriated in connection 15 with the block grant, the department shall comply with all 16 federal requirements for the block grant. The department is 17 responsible for payment of any federal penalty imposed that is 18 attributable to the grant program and shall receive any federal 19 bonus payment attributable to the grant program. 20 c. The department shall ensure that expenditures of moneys 21 appropriated to the department from the general fund of the 22 state for the family development and self-sufficiency grant 23 program are eligible to be considered as state maintenance of 24 effort expenditures under federal temporary assistance for 25 needy families block grant requirements. 26 d. The department shall consider the recommendations of 27 the council on health and human services in adopting rules 28 pertaining to the grant program. 29 e. The department shall submit to the governor and general 30 assembly on or before November 30 following the end of each 31 state fiscal year, a report detailing performance measure 32 and outcome data evaluating the family development and 33 self-sufficiency grant program for the fiscal year that just 34 ended. 35 -275- LSB 5023SV (3) 90 ss/ns 275/ 312
S.F. 2385 DIVISION XXI 1 ELIMINATION OF TOBACCO USE PREVENTION AND CONTROL ADVISORY 2 COUNCIL AND COMMISSION ON TOBACCO USE PREVENTION AND CONTROL 3 Sec. 604. Section 142A.2, Code 2024, is amended to read as 4 follows: 5 142A.2 Definitions. 6 As used in this chapter , unless the context otherwise 7 requires: 8 1. “Commission” means the commission on tobacco use 9 prevention and control established in this chapter . 10 2. 1. “Community partnership” means a public agency or 11 nonprofit organization implementing the tobacco use prevention 12 and control initiative in a local area in accordance with this 13 chapter . 14 3. 2. “Department” means the department of health and human 15 services. 16 4. 3. “Director” means the director of health and human 17 services. 18 5. 4. “Initiative” means the comprehensive tobacco use 19 prevention and control initiative established in this chapter . 20 6. 5. “Manufacturer” means manufacturer as defined in 21 section 453A.1 . 22 7. 6. “Pregnant woman” means a female of any age who is 23 pregnant. 24 8. 7. “School-age youth” means a person attending school in 25 kindergarten through grade twelve. 26 9. 8. “Tobacco” means both cigarettes and tobacco products 27 as defined in section 453A.1 . 28 10. 9. “Youth” means a person who is five through 29 twenty-four years of age. 30 Sec. 605. Section 142A.5, Code 2024, is amended to read as 31 follows: 32 142A.5 Department duties. 33 The department shall do all of the following: 34 1. Coordinate and develop the budget request for all tobacco 35 -276- LSB 5023SV (3) 90 ss/ns 276/ 312
S.F. 2385 use prevention and control programs and activities under the 1 purview of the department. 2 2. Receive and review budget recommendations from the 3 commission. The director shall consider these recommendations 4 in developing the budget request for the department. 5 3. Implement the initiative, coordinate the activities of 6 the commission and the initiative, and coordinate other tobacco 7 use prevention and control activities. 8 4. Monitor and evaluate the effectiveness of performance 9 measures. 10 5. Provide staff and administrative support to the 11 commission. 12 2. Provide a forum for the discussion, development, and 13 recommendation of public policy alternatives in the field of 14 tobacco use prevention and control. 15 6. Administer contracts entered into under this chapter . 16 7. 3. Coordinate and cooperate with other tobacco use 17 prevention and control programs within and outside of the 18 state. 19 8. Provide necessary information to the commission to 20 assist the commission in making its annual report to the joint 21 appropriations subcommittee pursuant to section 142A.4 , and in 22 fulfilling other commission duties pursuant to section 142A.4 . 23 4. Advise and make recommendations to the governor and 24 the general assembly relative to tobacco use, treatment, 25 intervention, prevention, control, and education programs in 26 the state. 27 5. Develop and implement the comprehensive tobacco use 28 prevention and control initiative as provided in this chapter. 29 a. Develop an educational component of the initiative. 30 Educational efforts provided through the school system shall be 31 developed in conjunction with the department of education. 32 b. Develop a plan for implementation of the initiative in 33 accordance with the purpose and intent specified in section 34 142A.1. 35 -277- LSB 5023SV (3) 90 ss/ns 277/ 312
S.F. 2385 c. Provide for technical assistance, training, and other 1 support under the initiative. 2 d. Take actions to develop and implement a statewide 3 system for the initiative programs that are delivered through 4 community partnerships. 5 e. Manage and coordinate the provision of funding and other 6 moneys available to the initiative by combining all or portions 7 of appropriations or other revenues as authorized by law. 8 f. Assist with the linkage of the initiative with child 9 welfare and juvenile justice decategorization projects, 10 education programming, early childhood Iowa areas, and other 11 programs and services directed to youth at the state and 12 community level. 13 g. Adopt rules pursuant to chapter 17A as necessary for 14 the designation, governance, and oversight of the initiative 15 and the implementation of this chapter. The department shall 16 provide for community partnership and youth program input in 17 the rules adoption process. The rules shall include but are 18 not limited to all of the following: 19 (1) Performance indicators for initiative programs, 20 community partnerships, and the services provided under the 21 auspices of community partnerships. The performance indicators 22 shall be developed with input from communities. 23 (2) Minimum standards to further the provision of equal 24 access to services. 25 h. Monitor and evaluate the effectiveness of performance 26 measures utilized under the initiative. 27 i. Prioritize funding needs and the allocation of moneys 28 appropriated and other resources available for the programs and 29 activities of the initiative. 30 j. Review fiscal needs of the initiative and make 31 recommendations to the director in the development of budget 32 requests. 33 k. Evaluate the work of the department relating to the 34 initiative utilizing relevant department records and documents, 35 -278- LSB 5023SV (3) 90 ss/ns 278/ 312
S.F. 2385 and other information reasonably obtainable. 1 6. a. Coordinate and respond to any requests from a 2 community partnership relating to any of the following: 3 (1) Removal of barriers to community partnership efforts. 4 (2) Pooling and redirecting of existing federal, state, or 5 other public or private funds available for purposes that are 6 consistent with the initiative. 7 (3) Seeking of federal waivers to assist community 8 partnership efforts. 9 b. In coordinating and responding to the requests, the 10 department shall work with state agencies, the governor, and 11 the general assembly as necessary to address requests deemed 12 appropriate by the department. 13 7. Submit a report to the governor and the general assembly 14 on an annual basis regarding the initiative, including 15 demonstrated progress based on performance indicators. 16 8. Annually appear before the joint appropriations 17 subcommittee that makes recommendations concerning the 18 department’s budget on tobacco use prevention and control 19 to report on budget expenditures and department operations 20 relative to the prior fiscal year and the current fiscal year. 21 9. Solicit and accept any gift of money or property, 22 including any grant of money, services, or property from the 23 federal government, the state, a political subdivision, or 24 a private source that is consistent with the goals of the 25 initiative. The department shall adopt rules prohibiting the 26 acceptance of gifts from a manufacturer of tobacco products. 27 10. Develop the structure for the statewide youth summit to 28 be held annually. 29 11. Approve the content of any materials distributed by the 30 youth program pursuant to section 142A.9, prior to distribution 31 of the materials. 32 12. Administer contracts entered into under this chapter. 33 Sec. 606. Section 142A.6, subsection 5, Code 2024, is 34 amended to read as follows: 35 -279- LSB 5023SV (3) 90 ss/ns 279/ 312
S.F. 2385 5. Procurement of goods and services necessary to implement 1 the initiative is subject to approval of the commission 2 department . Notwithstanding chapter 8A, subchapter III , or any 3 other provision of law to the contrary, such procurement may 4 be accomplished by the commission under its own competitive 5 bidding process which shall provide for consideration of 6 such factors as price, bidder competence, and expediency in 7 procurement. 8 Sec. 607. Section 142A.8, subsections 2 and 3, Code 2024, 9 are amended to read as follows: 10 2. A community partnership area shall encompass a county 11 or multicounty area, school district or multischool district 12 area, economic development enterprise zone that meets the 13 requirements of an urban or rural enterprise community under 14 Tit. XIII of the federal Omnibus Budget Reconciliation Act of 15 1993, or early childhood Iowa area, in accordance with criteria 16 adopted by the commission department for appropriate population 17 levels and size of geographic areas. 18 3. The commission department shall adopt rules pursuant to 19 chapter 17A providing procedures for the initial designation 20 of community partnership areas and for subsequent changes to 21 the initially designated areas. 22 Sec. 608. Section 142A.10, Code 2024, is amended to read as 23 follows: 24 142A.10 Funding of programs delivered through community 25 partnerships. 26 1. The commission department shall develop and implement a 27 statewide system for the initiative programs that are delivered 28 through community partnerships. 29 2. The system shall provide for equitable allocation of 30 funding for initiative programs among the state’s community 31 partnership areas, based upon school-age population and other 32 criteria established by the commission department . 33 3. The specific programs, distribution provisions, and 34 other provisions approved by the commission department for 35 -280- LSB 5023SV (3) 90 ss/ns 280/ 312
S.F. 2385 expenditure of the maximum allocation amount established for 1 a community partnership area shall be outlined in the written 2 contract with the community partnership. 3 4. Any allocation received by a community partnership 4 shall be matched with local funding, in-kind services, office 5 support, or other tangible support or offset of costs. 6 Sec. 609. REPEAL. Sections 142A.3 and 142A.4, Code 2024, 7 are repealed. 8 DIVISION XXII 9 HAWKI BOARD AND ADVISORY COMMITTEE FOR CHILDREN WITH SPECIAL 10 HEALTH CARE NEEDS ELIMINATION 11 Sec. 610. Section 249A.4B, subsection 2, paragraph b, Code 12 2024, is amended to read as follows: 13 b. The council shall include all of the following nonvoting 14 members: 15 (1) The director’s designee responsible for public health 16 or their designee. 17 (2) The long-term care ombudsman, or the long-term care 18 ombudsman’s designee. 19 (3) The dean of Des Moines university college of osteopathic 20 medicine, or the dean’s designee. 21 (4) The dean of the university of Iowa college of medicine, 22 or the dean’s designee. 23 (5) A member of the Hawki board created in section 514I.5 , 24 selected by the members of the Hawki board. 25 (6) (5) The following members of the general assembly, each 26 for a term of two years as provided in section 69.16B : 27 (a) Two members of the house of representatives, one 28 appointed by the speaker of the house of representatives 29 and one appointed by the minority leader of the house of 30 representatives from their respective parties. 31 (b) Two members of the senate, one appointed by the 32 president of the senate after consultation with the majority 33 leader of the senate and one appointed by the minority leader 34 of the senate. 35 -281- LSB 5023SV (3) 90 ss/ns 281/ 312
S.F. 2385 Sec. 611. Section 514I.1, subsection 2, Code 2024, is 1 amended to read as follows: 2 2. It is the intent of the general assembly that the program 3 be implemented and administered in compliance with Tit. XXI 4 of the federal Social Security Act. If, as a condition of 5 receiving federal funds for the program, federal law requires 6 implementation and administration of the program in a manner 7 not provided in this chapter , during a period when the general 8 assembly is not in session, the department, with the approval 9 of the Hawki board medical assistance advisory council , shall 10 proceed to implement and administer those provisions, subject 11 to review by the next regular session of the general assembly. 12 Sec. 612. Section 514I.2, Code 2024, is amended to read as 13 follows: 14 514I.2 Definitions. 15 As used in this chapter , unless the context otherwise 16 requires: 17 1. “Benchmark benefit package” means any of the following: 18 a. The standard blue cross/blue shield preferred provider 19 option service benefit plan, described in and offered under 5 20 U.S.C. §8903(1). 21 b. A health benefits coverage plan that is offered and 22 generally available to state employees in this state. 23 c. The plan of a health maintenance organization as defined 24 in 42 U.S.C. §300e, with the largest insured commercial, 25 nonmedical assistance enrollment of covered lives in the state. 26 2. “Cost sharing” means the payment of a premium or 27 copayment as provided for by Tit. XXI of the federal Social 28 Security Act and section 514I.10 . 29 3. “Department” means the department of health and human 30 services. 31 4. “Director” means the director of health and human 32 services. 33 5. “Eligible child” means an individual who meets the 34 criteria for participation in the program under section 514I.8 . 35 -282- LSB 5023SV (3) 90 ss/ns 282/ 312
S.F. 2385 6. “Hawki board” or “board” means the entity which adopts 1 rules and establishes policy for, and directs the department 2 regarding, the Hawki program. 3 7. 6. “Hawki program” or “program” means the healthy and 4 well kids in Iowa program created in this chapter to provide 5 health insurance coverage to eligible children. 6 8. 7. “Health insurance coverage” means health insurance 7 coverage as defined in 42 U.S.C. §300gg-91. 8 8. “Medical assistance advisory council” or “advisory 9 council” means the medical assistance advisory council created 10 in section 249A.4B. 11 9. “Participating insurer” means any of the following: 12 a. An entity licensed by the division of insurance 13 of the department of insurance and financial services to 14 provide health insurance in Iowa that has contracted with the 15 department to provide health insurance coverage to eligible 16 children under this chapter . 17 b. A managed care organization acting pursuant to a contract 18 with the department to administer the Hawki program. 19 10. “Qualified child health plan” or “plan” means health 20 insurance coverage provided by a participating insurer under 21 this chapter . 22 Sec. 613. Section 514I.4, Code 2024, is amended to read as 23 follows: 24 514I.4 Director and department —— duties —— powers. 25 1. The director, with the approval of the Hawki board 26 medical assistance advisory council , shall implement this 27 chapter . The director shall do all of the following: 28 a. At least every six months, evaluate the scope of the 29 program currently being provided under this chapter , project 30 the probable cost of continuing the program, and compare 31 the probable cost with the remaining balance of the state 32 appropriation made for payment of assistance under this chapter 33 during the current appropriation period. The director shall 34 report the findings of the evaluation to the board advisory 35 -283- LSB 5023SV (3) 90 ss/ns 283/ 312
S.F. 2385 council and shall annually report findings to the governor and 1 the general assembly by January 1. 2 b. Establish premiums to be paid to participating insurers 3 for provision of health insurance coverage. 4 c. Contract with participating insurers to provide health 5 insurance coverage under this chapter . 6 d. Recommend to the board advisory council proposed rules 7 necessary to implement the program. 8 e. Recommend to the board individuals to serve as members of 9 the clinical advisory committee. 10 2. a. The director, with the approval of the board advisory 11 council , may contract with participating insurers to provide 12 dental-only services. 13 b. The director, with the approval of the board advisory 14 council , may contract with participating insurers to provide 15 the supplemental dental-only coverage to otherwise eligible 16 children who have private health care coverage as specified in 17 the federal Children’s Health Insurance Program Reauthorization 18 Act of 2009, Pub. L. No. 111-3. 19 3. The department may enter into contracts with other 20 persons whereby the other person provides some or all of the 21 functions, pursuant to rules adopted by the board advisory 22 council , which are required of the director or the department 23 under this section . All contracts entered into pursuant to 24 this section shall be made available to the public. 25 4. The department shall do or shall provide for all of the 26 following: 27 a. Determine eligibility for program enrollment as 28 prescribed by federal law and regulation, using policies and 29 procedures adopted by rule of the department pursuant to 30 chapter 17A . The department shall not enroll a child who has 31 group health coverage unless expressly authorized by such 32 rules. 33 b. Enroll qualifying children in the program with 34 maintenance of a supporting eligibility file or database. 35 -284- LSB 5023SV (3) 90 ss/ns 284/ 312
S.F. 2385 c. Utilize the department’s eligibility system to maintain 1 eligibility files with pertinent eligibility determination and 2 ongoing enrollment information including but not limited to 3 data regarding beneficiaries, enrollment dates, disenrollments, 4 and annual financial redeterminations. 5 d. Provide for administrative oversight and monitoring of 6 federal requirements. 7 e. Perform annual financial reviews of eligibility for each 8 beneficiary. 9 f. Collect and track monthly family premiums to assure that 10 payments are current. 11 g. Notify each participating insurer of new program 12 enrollees who are enrolled by the department in that 13 participating insurer’s plan. 14 h. Verify the number of program enrollees with each 15 participating insurer for determination of the amount of 16 premiums to be paid to each participating insurer. 17 i. Maintain data for the purpose of quality assurance 18 reports as required by rule of the board advisory council . 19 j. (1) Establish the family cost sharing amounts for 20 children of families with incomes of one hundred fifty percent 21 or more but not exceeding two hundred percent of the federal 22 poverty level, of not less than ten dollars per individual 23 and twenty dollars per family, if not otherwise prohibited by 24 federal law, with the approval of the board advisory council . 25 (2) Establish for children of families with incomes 26 exceeding two hundred percent but not exceeding three hundred 27 percent of the federal poverty level, family cost sharing 28 amounts, and graduated premiums based on a rationally developed 29 sliding fee schedule, in accordance with federal law, with the 30 approval of the board advisory council . 31 k. Perform annual, random reviews of enrollee applications 32 to ensure compliance with program eligibility and enrollment 33 policies. Quality assurance reports shall be made to the 34 board advisory council based upon the data maintained by the 35 -285- LSB 5023SV (3) 90 ss/ns 285/ 312
S.F. 2385 department. 1 l. Perform other duties as determined by the board advisory 2 council . 3 Sec. 614. Section 514I.5, Code 2024, is amended to read as 4 follows: 5 514I.5 Hawki board Medical assistance advisory council —— 6 duties . 7 1. A Hawki board for the Hawki program is established. The 8 board shall meet not less than six and not more than twelve 9 times annually, for the purposes of establishing medical 10 assistance advisory council shall establish policy for, 11 directing direct the department on, and adopting adopt rules 12 for the Hawki program. The board shall consist of seven voting 13 members and four ex officio, nonvoting members, including all 14 of the following: 15 a. The commissioner of insurance, or the commissioner’s 16 designee. 17 b. The director of the department of education, or the 18 director’s designee. 19 c. The director of health and human services, or the 20 director’s designee. 21 d. Four public members appointed by the governor and 22 subject to confirmation by the senate. The public members 23 shall be members of the general public who have experience, 24 knowledge, or expertise in the subject matter embraced within 25 this chapter . 26 e. Two members of the senate and two members of the house of 27 representatives, serving as ex officio, nonvoting members. The 28 legislative members of the board shall be appointed one each 29 by the majority leader of the senate, after consultation with 30 the president of the senate, and by the minority leader of the 31 senate, and by the speaker of the house of representatives, 32 after consultation with the majority leader of the house of 33 representatives, and by the minority leader of the house 34 of representatives. Legislative members shall receive 35 -286- LSB 5023SV (3) 90 ss/ns 286/ 312
S.F. 2385 compensation pursuant to section 2.12 . 1 2. Members appointed by the governor shall serve two-year 2 staggered terms as designated by the governor, and legislative 3 members of the board shall serve two-year terms. The filling 4 of positions reserved for the public representatives, 5 vacancies, membership terms, payment of compensation and 6 expenses, and removal of the members are governed by chapter 7 69 . Members of the board are entitled to receive reimbursement 8 of actual expenses incurred in the discharge of their duties. 9 Public members of the board are also eligible to receive 10 compensation as provided in section 7E.6 . A majority of the 11 voting members constitutes a quorum and the affirmative vote 12 of a majority of the voting members is necessary for any 13 substantive action to be taken by the board. The members 14 shall select a chairperson on an annual basis from among the 15 membership of the board. 16 3. 2. The board advisory council shall approve any contract 17 entered into pursuant to this chapter . All contracts entered 18 into pursuant to this chapter shall be made available to the 19 public. 20 4. The department shall act as support staff to the board. 21 5. The board may receive and accept grants, loans, or 22 advances of funds from any person and may receive and accept 23 from any source contributions of money, property, labor, or any 24 other thing of value, to be held, used, and applied for the 25 purposes of the program. 26 6. 3. The Hawki board medical assistance advisory council 27 shall do all of the following: 28 a. Define, in consultation with the department, the regions 29 of the state for which plans are offered in a manner as to 30 ensure access to services for all children participating in the 31 program. 32 b. Approve the benefit package design, review the benefit 33 package design on a periodic basis, and make necessary changes 34 in the benefit design to reflect the results of the periodic 35 -287- LSB 5023SV (3) 90 ss/ns 287/ 312
S.F. 2385 reviews. 1 c. Develop, with the assistance of the department, an 2 outreach plan, and provide for periodic assessment of the 3 effectiveness of the outreach plan. The plan shall provide 4 outreach to families of children likely to be eligible 5 for assistance under the program, to inform them of the 6 availability of and to assist the families in enrolling 7 children in the program. The outreach efforts may include, but 8 are not limited to, solicitation of cooperation from programs, 9 agencies, and other persons who are likely to have contact 10 with eligible children, including but not limited to those 11 associated with the educational system, and the development 12 of community plans for outreach and marketing. Other state 13 agencies shall assist the department in data collection related 14 to outreach efforts to potentially eligible children and their 15 families. 16 d. In consultation with the clinical advisory committee, 17 assess the initial health status of children participating in 18 the program, establish a baseline for comparison purposes, and 19 develop appropriate indicators to measure the subsequent health 20 status of children participating in the program. 21 e. Review, in consultation with the department, and take 22 necessary steps to improve interaction between the program and 23 other public and private programs which provide services to the 24 population of eligible children. 25 f. By January 1, annually, prepare, with the assistance 26 of the department, and submit a report to the governor, the 27 general assembly, and the council on health and human services, 28 concerning the board’s advisory council’s activities, findings, 29 and recommendations. 30 g. Solicit input from the public regarding the program and 31 related issues and services. 32 h. Establish and consult with a clinical advisory committee 33 to make recommendations to the board regarding the clinical 34 aspects of the Hawki program. 35 -288- LSB 5023SV (3) 90 ss/ns 288/ 312
S.F. 2385 i. Prescribe the elements to be included in a health 1 improvement program plan required to be developed by a 2 participating insurer. The elements shall include but are not 3 limited to health maintenance and prevention and health risk 4 assessment. 5 j. Establish an advisory committee to make Make 6 recommendations to the board and to the general assembly 7 by January 1 annually concerning the provision of health 8 insurance coverage to children with special health care needs. 9 The committee shall include individuals with experience in, 10 knowledge of, or expertise in this area. The recommendations 11 shall address, but are not limited to, all of the following: 12 (1) The definition of the target population of children 13 with special health care needs for the purposes of determining 14 eligibility under the program. 15 (2) Eligibility options for and assessment of children with 16 special health care needs for eligibility. 17 (3) Benefit options for children with special health care 18 needs. 19 (4) Options for enrollment of children with special health 20 care needs in and disenrollment of children with special health 21 care needs from qualified child health plans utilizing a 22 capitated fee form of payment. 23 (5) The appropriateness and quality of care for children 24 with special health care needs. 25 (6) The coordination of health services provided for 26 children with special health care needs under the program with 27 services provided by other publicly funded programs. 28 k. Develop options and recommendations to allow children 29 eligible for the Hawki program to participate in qualified 30 employer-sponsored health plans through a premium assistance 31 program. The options and recommendations shall ensure 32 reasonable alignment between the benefits and costs of 33 the Hawki program and the employer-sponsored health plans 34 consistent with federal law. In addition, the board advisory 35 -289- LSB 5023SV (3) 90 ss/ns 289/ 312
S.F. 2385 council shall implement the premium assistance program options 1 described under the federal Children’s Health Insurance Program 2 Reauthorization Act of 2009, Pub. L. No. 111-3, for the Hawki 3 program. 4 7. 4. The Hawki board medical assistance advisory council , 5 in consultation with the department, shall adopt rules 6 which address, but are not limited to addressing, all of the 7 following: 8 a. Implementation and administration of the program. 9 b. Qualifying standards for selecting participating insurers 10 for the program. 11 c. The benefits to be included in a qualified child health 12 plan which are those included in a benchmark or benchmark 13 equivalent plan and which comply with Tit. XXI of the federal 14 Social Security Act. Benefits covered shall include but are 15 not limited to all of the following: 16 (1) Inpatient hospital services including medical, 17 surgical, intensive care unit, mental health, and substance use 18 disorder services. 19 (2) Nursing care services including skilled nursing 20 facility services. 21 (3) Outpatient hospital services including emergency room, 22 surgery, lab, and x-ray services and other services. 23 (4) Physician services, including surgical and medical, and 24 including office visits, newborn care, well-baby and well-child 25 care, immunizations, urgent care, specialist care, allergy 26 testing and treatment, mental health visits, and substance use 27 disorder visits. 28 (5) Ambulance services. 29 (6) Physical therapy. 30 (7) Speech therapy. 31 (8) Durable medical equipment. 32 (9) Home health care. 33 (10) Hospice services. 34 (11) Prescription drugs. 35 -290- LSB 5023SV (3) 90 ss/ns 290/ 312
S.F. 2385 (12) Dental services including preventive services. 1 (13) Medically necessary hearing services. 2 (14) Vision services including corrective lenses. 3 (15) Translation and interpreter services as specified 4 pursuant to the federal Children’s Health Insurance Program 5 Reauthorization Act of 2009, Pub. L. No. 111-3. 6 (16) Chiropractic services. 7 (17) Occupational therapy. 8 d. Presumptive eligibility criteria for the program. 9 Beginning January 1, 2010, presumptive Presumptive eligibility 10 shall be provided for eligible children. 11 e. The amount of any cost sharing under the program which 12 shall be assessed based on family income and which complies 13 with federal law. 14 f. The reasons for disenrollment including, but not limited 15 to, nonpayment of premiums, eligibility for medical assistance 16 or other insurance coverage, admission to a public institution, 17 relocation from the area, and change in income. 18 g. Conflict of interest provisions applicable to 19 participating insurers and between public members of the board 20 advisory council and participating insurers. 21 h. Penalties for breach of contract or other violations of 22 requirements or provisions under the program. 23 i. A mechanism for participating insurers to report any 24 rebates received to the department. 25 j. The data to be maintained by the department including 26 data to be collected for the purposes of quality assurance 27 reports. 28 k. The use of provider guidelines in assessing the 29 well-being of children, which may include the use of the bright 30 futures for infants, children, and adolescents program as 31 developed by the federal maternal and child health bureau and 32 the American academy of pediatrics guidelines for well-child 33 care. 34 8. 5. a. The Hawki board medical assistance advisory 35 -291- LSB 5023SV (3) 90 ss/ns 291/ 312
S.F. 2385 council may provide approval to the director to contract with 1 participating insurers to provide dental-only services. In 2 determining whether to provide such approval to the director, 3 the board advisory council shall take into consideration the 4 impact on the overall program of single source contracting for 5 dental services. 6 b. The Hawki board medical assistance advisory council may 7 provide approval to the director to contract with participating 8 insurers to provide the supplemental dental-only coverage 9 to otherwise eligible children who have private health 10 care coverage as specified in the federal Children’s Health 11 Insurance Program Reauthorization Act of 2009, Pub. L. No. 12 111-3. 13 9. 6. The Hawki board medical assistance advisory 14 council shall monitor the capacity of Medicaid managed 15 care organizations acting pursuant to a contract with the 16 department to administer the Hawki program to specifically 17 and appropriately address the unique needs of children and 18 children’s health delivery. 19 Sec. 615. Section 514I.6, subsection 4, paragraph d, Code 20 2024, is amended to read as follows: 21 d. Other information as directed by the board advisory 22 council . 23 Sec. 616. Section 514I.6, subsection 5, Code 2024, is 24 amended to read as follows: 25 5. Submit a plan for a health improvement program to the 26 department, for approval by the board advisory council . 27 Sec. 617. Section 514I.8, subsection 2, paragraph e, Code 28 2024, is amended to read as follows: 29 e. Is not currently covered under a group health plan as 30 defined in 42 U.S.C. §300gg-91(a)(1) unless allowed by rule of 31 the board advisory council . 32 Sec. 618. Section 514I.8, subsection 3, Code 2024, is 33 amended to read as follows: 34 3. In accordance with the rules adopted by the board 35 -292- LSB 5023SV (3) 90 ss/ns 292/ 312
S.F. 2385 advisory council , a child may be determined to be presumptively 1 eligible for the program pending a final eligibility 2 determination. Following final determination of eligibility, 3 a child shall be eligible for a twelve-month period. At the 4 end of the twelve-month period, a review of the circumstances 5 of the child’s family shall be conducted to establish 6 eligibility and cost sharing for the subsequent twelve-month 7 period. Pending such review of the circumstances of the 8 child’s family, the child shall continue to be eligible for 9 and remain enrolled in the same plan if the family complies 10 with requirements to provide information and verification of 11 income, otherwise cooperates in the annual review process, 12 and submits the completed review form and any information 13 necessary to establish continued eligibility in a timely manner 14 in accordance with administrative rules. 15 Sec. 619. Section 514I.9, subsection 1, Code 2024, is 16 amended to read as follows: 17 1. The Hawki board advisory council shall review the 18 benefits package annually and shall determine additions to 19 or deletions from the benefits package offered. The Hawki 20 board advisory council shall submit the recommendations to the 21 general assembly for any amendment to the benefits package. 22 DIVISION XXIII 23 AUTISM COUNCIL ELIMINATION AND CREATION OF IOWA SPECIAL 24 EDUCATION COUNCIL 25 Sec. 620. NEW SECTION . 256.35B Iowa special education 26 council. 27 1. An Iowa special education council is created to act in an 28 advisory capacity to the department in promoting, directing, 29 and supervising education for children requiring special 30 education in the schools under the supervision and control of 31 the department. 32 2. The council shall consist of seven voting members 33 appointed by the governor and confirmed by the senate. Each of 34 the following shall be represented among the voting members: 35 -293- LSB 5023SV (3) 90 ss/ns 293/ 312
S.F. 2385 a. One member who is a parent or guardian of a student who 1 has a disability in obtaining an education because of autism. 2 b. One member who is a parent or guardian of a student 3 who has a disability in obtaining an education because of a 4 behavioral disorder. 5 c. One member who is a parent or guardian of a student who 6 has a disability in obtaining an education because of physical 7 disability. 8 d. One member who is a parent or guardian of a student who 9 has a disability in obtaining an education because of mental 10 learning disability or head injury. 11 e. One member who is a parent or guardian of a student 12 who has a disability in obtaining an education because of a 13 communication learning disability. 14 f. One member who is a parent or guardian of a student who 15 has a disability in obtaining an education because of dyslexia. 16 g. One member who is a special education teacher. 17 3. Voting members shall serve three-year terms beginning 18 and ending as provided in section 69.19, and appointments shall 19 comply with section 69.16. Vacancies on the council shall 20 be filled in the same manner as the original appointment. A 21 person appointed to fill a vacancy shall serve only for the 22 unexpired portion of the term. Public members shall receive 23 reimbursement for actual expenses incurred while serving in 24 their official capacity and may also be eligible to receive 25 compensation as provided in section 7E.6. 26 4. The council shall elect a chairperson from its voting 27 members annually. A majority of the voting members of the 28 council shall constitute a quorum. 29 5. The department shall convene and provide administrative 30 support to the council. 31 Sec. 621. REPEAL. Section 256.35A, Code 2024, is repealed. 32 Sec. 622. EFFECTIVE DATE. This division of this Act takes 33 effect July 1, 2025. 34 DIVISION XXIV 35 -294- LSB 5023SV (3) 90 ss/ns 294/ 312
S.F. 2385 TRANSITION PROVISIONS 1 Sec. 623. TRANSITION PROVISIONS. 2 1. A rule adopted by a government body eliminated in this 3 Act that is in force and effect immediately prior to the 4 effective date of this division of this Act shall continue in 5 full force and effect until the earlier of the following: 6 a. The rule is amended, rescinded, or supplemented by 7 the affirmative action of the board of behavioral health 8 professionals, board of building and construction occupations, 9 architectural examining board, board of pharmacy, state 10 historical society board of trustees, board of education, 11 employment appeal board, economic development authority board, 12 human rights board, or the government body under which the 13 former government body was organized. 14 b. The rule expires by its own terms. 15 2. Any license or permit issued by a government body 16 eliminated in this Act in effect on the effective date of this 17 division of this Act shall continue in full force and effect 18 until expiration or renewal. 19 3. a. Any moneys in any account or fund of, and all client 20 and organizational files in the possession of, the boards 21 of behavioral science, psychology, or social work shall be 22 transferred to the control of the board of behavioral health 23 professionals. 24 b. Any moneys in any account or fund of, and all client and 25 organizational files in the possession of, the state building 26 code board of review, electrical examining board, or plumbing 27 and mechanical systems board shall be transferred to the 28 control of the board of building and construction occupations. 29 c. Any moneys in any account or fund of, and all client 30 and organizational files in the possession of, the landscape 31 architectural examining board shall be transferred to the 32 control of the architectural examining board. 33 d. Any moneys in any account or fund of, and all client and 34 organizational files in the possession of, the prescription 35 -295- LSB 5023SV (3) 90 ss/ns 295/ 312
S.F. 2385 monitoring program advisory council shall be transferred to the 1 control of the board of pharmacy. 2 e. Any moneys in any account or fund of, and all client and 3 organizational files in the possession of, the secondary road 4 fund distribution committee shall be transferred to the control 5 of the state transportation commission. 6 f. Any moneys in any account or fund of, and all client and 7 organizational files in the possession of, the state historical 8 records advisory board shall be transferred to the control of 9 the board of trustees of the state historical society. 10 g. Any moneys in any account or fund of, and all client and 11 organizational files in the possession of, the state board of 12 preserves or farmer advisory committee shall be transferred to 13 the control of the natural resource commission. 14 h. Any moneys in any account or fund of, and all client 15 and organizational files in the possession of, the community 16 college council or nonpublic school advisory committee shall be 17 transferred to the control of the board of education. 18 i. Any moneys in any account or fund of, and all client 19 and organizational files in the possession of, the public 20 employment relations board shall be transferred to the control 21 of the employment appeal board. 22 j. Any moneys in any account or fund of, and all client 23 and organizational files in the possession of, the enhance 24 Iowa board shall be transferred to the control of the economic 25 development authority board. 26 k. Any moneys in any account or fund of, and all client 27 and organizational files in the possession of, the commission 28 on aging, advisory council on brain injuries, children’s 29 behavioral health system state board, congenital and inherited 30 disorders advisory committee, emergency medical services 31 advisory council, family development and self-sufficiency 32 council, justice advisory board, mental health and disabilities 33 services commission, tobacco use prevention and control 34 advisory council, commission on tobacco use prevention and 35 -296- LSB 5023SV (3) 90 ss/ns 296/ 312
S.F. 2385 control, trauma system advisory council, or Iowa collaboration 1 for youth development council shall be transferred to the 2 control of the council on health and human services. 3 l. Any moneys in any account or fund of, and all client 4 and organizational files in the possession of, the commissions 5 on the status of African Americans or the status of women, 6 the commissions of Asian and Pacific Islanders, persons with 7 disabilities, or Native Americans, or the Latino affairs 8 commission shall be transferred to the control of the human 9 rights board. 10 m. Any moneys in any account or fund of, and all client and 11 organizational files in the possession of, the healthy and well 12 kids in Iowa board or advisory committee shall be transferred 13 to the control of the medical assistance advisory council. 14 n. Any moneys in any account or fund of, and all client and 15 organizational files in the possession of, the dual party relay 16 council shall be transferred to the control of the commission 17 of deaf services. 18 o. Any moneys in any account or fund of, and all client and 19 organizational files in the possession of, any other board, 20 council, committee, or commission eliminated in this Act shall 21 be transferred to the control of the state agency or department 22 under which the board, council, committee, or commission was 23 organized. 24 4. a. Any cause of action, statute of limitation, or 25 administrative action relating to or initiated by the boards 26 of behavioral science, psychology, or social work shall not be 27 affected as a result of this Act and shall apply to the board of 28 behavioral health professionals. 29 b. Any cause of action, statute of limitation, or 30 administrative action relating to or initiated by the state 31 building code board of review, electrical examining board, or 32 plumbing and mechanical systems board shall not be affected as 33 a result of this Act and shall apply to the board of building 34 and construction occupations. 35 -297- LSB 5023SV (3) 90 ss/ns 297/ 312
S.F. 2385 c. Any cause of action, statute of limitation, or 1 administrative action relating to or initiated by the landscape 2 architectural examining board shall not be affected as a result 3 of this Act and shall apply to the architectural examining 4 board. 5 d. Any cause of action, statute of limitation, or 6 administrative action relating to or initiated by the 7 prescription monitoring program advisory council shall not be 8 affected as a result of this Act and shall apply to the board 9 of pharmacy. 10 e. Any cause of action, statute of limitation, or 11 administrative action relating to or initiated by the secondary 12 road fund distribution committee shall not be affected as a 13 result of this Act and shall apply to the state transportation 14 commission. 15 f. Any cause of action, statute of limitation, or 16 administrative action relating to or initiated by the state 17 historical records advisory board shall not be affected as a 18 result of this Act and shall apply to the board of trustees of 19 the state historical society. 20 g. Any cause of action, statute of limitation, or 21 administrative action relating to or initiated by the state 22 board of preserves or farmer advisory committee shall not be 23 affected as a result of this Act and shall apply to the natural 24 resource commission. 25 h. Any cause of action, statute of limitation, or 26 administrative action relating to or initiated by the community 27 college council or nonpublic school advisory committee shall 28 not be affected as a result of this Act and shall apply to the 29 board of education. 30 i. Any cause of action, statute of limitation, or 31 administrative action relating to or initiated by the public 32 employment relations board shall not be affected as a result of 33 this Act and shall apply to the employment appeal board. 34 j. Any cause of action, statute of limitation, or 35 -298- LSB 5023SV (3) 90 ss/ns 298/ 312
S.F. 2385 administrative action relating to or initiated by the enhance 1 Iowa board shall not be affected as a result of this Act and 2 shall apply to the economic development authority board. 3 k. Any cause of action, statute of limitation, or 4 administrative action relating to or initiated by the 5 commission on aging, advisory council on brain injuries, 6 children’s behavioral health system state board, congenital 7 and inherited disorders advisory committee, emergency 8 medical services advisory council, family development and 9 self-sufficiency council, justice advisory board, mental health 10 and disabilities services commission, tobacco use prevention 11 and control advisory council, commission on tobacco use 12 prevention and control, trauma system advisory council, or 13 Iowa collaboration for youth development council shall not be 14 affected as a result of this Act and shall apply to the council 15 on health and human services. 16 l. Any cause of action, statute of limitation, or 17 administrative action relating to or initiated by the 18 commissions on the status of African Americans or the status of 19 women, the commissions of Asian and Pacific Islanders, persons 20 with disabilities, or Native Americans, or the Latino affairs 21 commission shall not be affected as a result of this Act and 22 shall apply to the human rights board. 23 m. Any cause of action, statute of limitation, or 24 administrative action relating to or initiated by the healthy 25 and well kids in Iowa board or advisory committee shall not be 26 affected as a result of this Act and shall apply to the medical 27 assistance advisory council. 28 n. Any cause of action, statute of limitation, or 29 administrative action relating to or initiated by the dual 30 party relay council shall not be affected as a result of this 31 Act and shall apply to the commission of deaf services. 32 o. Any cause of action, statute of limitation, or 33 administrative action relating to or initiated by any other 34 board, council, committee, or commission eliminated in this Act 35 -299- LSB 5023SV (3) 90 ss/ns 299/ 312
S.F. 2385 shall not be affected as a result of this Act and shall apply to 1 the state agency or department under which the board, council, 2 committee, or commission was organized. 3 5. Any personnel in the state merit system of employment 4 who are mandatorily transferred due to the effect of this Act 5 shall be so transferred without any loss in salary, benefits, 6 or accrued years of service. 7 6. a. Except as otherwise provided, nothing in this Act 8 shall affect the appointment or any term of office of a member 9 of any board, council, commission, committee, or other similar 10 entity of the state established by the Code prior to the 11 effective date of this division of this Act. 12 b. Notwithstanding any other provision to the contrary 13 in this Act, the terms of all members serving on any board, 14 council, commission, committee, or other similar entity merged, 15 consolidated, or eliminated by this Act, or any such entity 16 with fewer members or reduced term lengths for current members 17 resulting from the provisions of this Act, shall terminate on 18 the effective date of this division of this Act. 19 c. Except for those boards, councils, commissions, 20 committees, or other similar entities eliminated by this Act, 21 the governor or other appointing or designating authority shall 22 appoint or designate new members to the boards, councils, 23 commissions, committees, or other similar entities provided 24 for in this subsection on or before the effective date of this 25 division of this Act. The governor or other appointing or 26 designating authority shall determine the length of the initial 27 terms of office for each respective position, but in any event 28 shall stagger such terms, beginning and ending as otherwise 29 provided by law. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to boards, commissions, committees, 34 councils, and other entities of state government. The bill is 35 -300- LSB 5023SV (3) 90 ss/ns 300/ 312
S.F. 2385 organized in divisions. 1 ESTABLISHMENT AND REVIEW OF BOARDS, COMMISSIONS, COMMITTEES, 2 AND COUNCILS. The bill repeals and reestablishes the state 3 government efficiency review committee. The bill requires the 4 committee to review approximately one-fourth of all boards, 5 commissions, committees, councils, panels, review teams, and 6 foundations each year to evaluate the necessity and efficacy 7 of the entity. The bill provides specific criteria that the 8 committee shall use in conducting the review. Upon completing 9 a review of an entity, the bill requires the committee to 10 submit a report of its findings and recommendations to the 11 general assembly in the form of a bill by December 21 of each 12 year. The bill does not reestablish other duties of the 13 committee under current law. 14 The bill requires that legislation establishing an entity 15 include a dissolution date for the entity not more than four 16 years after the establishment of the entity, except that 17 legislation establishing an exclusively advisory entity shall 18 include a dissolution date of not more than two years after 19 establishment. 20 The bill also requires that legislation to establish an 21 entity to regulate an unregulated profession be evaluated 22 by the legislative standing committee considering the 23 legislation and the general assembly to determine whether the 24 legislation meets certain conditions set forth in the bill. 25 The legislative standing committee considering the legislation 26 shall submit its findings and recommendations to the general 27 assembly. The bill requires a member of the general assembly 28 introducing legislation to create an entity to regulate an 29 unregulated profession to submit a report prepared by the 30 legislative services agency regarding the costs and benefits 31 of the legislation. 32 The bill requires the committee to establish a dissolution 33 date for each existing board not sooner than four years 34 after July 1, 2024. The committee shall submit the staggered 35 -301- LSB 5023SV (3) 90 ss/ns 301/ 312
S.F. 2385 schedule for the dissolution of boards to the governor and 1 general assembly by December 31, 2024. 2 The bill requires legislation to create a new such entity 3 to be approved by three-fifths of the members of the general 4 assembly in order to become law. 5 PROFESSIONAL BOARDS. The bill alters the authority of 6 the director of the department of inspections, appeals, 7 and licensing (DIAL) to appoint executive directors for the 8 board of medicine, the board of nursing, the dental board, 9 and the board of pharmacy, and authorizes DIAL to provide 10 staff support and inspections for those entities. DIAL is 11 authorized to administratively close certain complaints before 12 boards established under Code chapter 147 (health-related 13 professions). 14 The bill strikes the director of DIAL’s authority to appoint 15 an executive secretary for the electrical examining board. 16 The bill makes the director of DIAL or the director’s 17 designee the compact administrator of the interstate nurse 18 licensure compacts. 19 SALARIES —— CERTAIN BOARDS AND COUNCILS. The bill 20 establishes salaries of $10,000 per year for members of the 21 board of education, the voting members of the council on health 22 and human services, and the at-large members of the state board 23 of regents. 24 LICENSURE STUDIES. The bill requires DIAL to review 25 all current licensure renewal cycles for professional and 26 occupational licenses issued in this state. DIAL must submit a 27 report, including recommendations for a uniform renewal cycle, 28 to the governor and general assembly by September 30, 2024. 29 The bill also requires DIAL to review fees imposed by 30 governmental entities for the issuance or renewal of a 31 professional or occupational license. DIAL must evaluate the 32 fees based on the fees imposed in surrounding states and the 33 operational costs of the licensing functions of the entity. 34 DIAL must submit a report, including proposed fees, to the 35 -302- LSB 5023SV (3) 90 ss/ns 302/ 312
S.F. 2385 governor and general assembly by September 30, 2024. 1 ADVISORY BODIES. The bill allows the head of a department 2 or independent agency to establish and utilize such ad hoc 3 advisory committees as deemed necessary. The department or 4 independent agency shall establish rules for the operation 5 of ad hoc advisory committees, and members of ad hoc 6 advisory committees shall serve without compensation but 7 may be reimbursed for actual expenses. The bill grants 8 specific authority regarding ad hoc advisory committees to 9 the environmental protection commission, natural resource 10 commission, board of corrections, state board of education, 11 state transportation commission, economic development authority 12 board, and board of dentistry. 13 ELECTRONIC MEETINGS. The bill requires governmental bodies 14 to provide for hybrid meetings, teleconference participation, 15 virtual meetings, remote participation, and other hybrid 16 meeting options, defined in the bill, for members of the 17 governmental body to participate in official meetings. 18 MEETINGS —— GENERAL. The bill strikes requirements that 19 state boards, commissions, committees, and councils meet 20 annually, quarterly, or on a regular schedule. The bill 21 allows state boards, commissions, committees, and councils to 22 call meetings as necessary, including the revenue estimating 23 conference. 24 REORGANIZATION. The bill eliminates, modifies the 25 membership of, and changes the duties of state boards, 26 councils, committees, commissions, advisory groups, review 27 teams, foundations, and other entities. 28 The bill merges the boards of behavioral science, 29 psychology, and social work into the board of behavioral 30 health professionals. The bill includes specific membership 31 provisions for the board. 32 The bill merges the state building code board of review, 33 electrical examining board, and plumbing and mechanical systems 34 board into the board of building and construction occupations. 35 -303- LSB 5023SV (3) 90 ss/ns 303/ 312
S.F. 2385 The bill includes specific membership provisions for the board. 1 The bill merges the Iowa child death review team, child 2 fatality review committee, and Iowa domestic abuse death review 3 team into the state mortality review committee. The bill 4 includes specific membership provisions for the committee. 5 The bill transfers the authority of the landscape 6 architectural examining board to the architectural examining 7 board and eliminates the landscape architectural examining 8 board. The bill decreases the membership of the architectural 9 examining board from seven members to five members. 10 The bill reduces the membership of the board of medicine from 11 10 members to 7 members. The bill allows a person licensed as 12 an audiologist to dispense hearing aids without being licensed 13 as a hearing aid specialist. 14 The bill reduces the membership of the board of pharmacy 15 from seven members to five members. The bill converts the 16 prescription monitoring program advisory council to a standing 17 advisory committee of the board of pharmacy. 18 The bill eliminates the secondary road fund distribution 19 committee and transfers the authority of the committee to the 20 state transportation commission. 21 The bill reduces the membership of the state historical 22 society board of trustees from 12 members to 7 members. The 23 bill eliminates the state historical records advisory board and 24 transfers the authority of the board to the state historical 25 society board of trustees. 26 The bill changes the term of new members of the natural 27 resource commission from six years to four years. The bill 28 allows the commission and the environmental protection 29 commission to advise the department of natural resources 30 regarding the department’s budget but removes the authority of 31 the commissions to approve the budget. The bill eliminates 32 the state advisory board of preserves and the farmer advisory 33 committee. 34 The bill reduces the membership of the board of education 35 -304- LSB 5023SV (3) 90 ss/ns 304/ 312
S.F. 2385 from nine voting members to seven voting members and adds the 1 director of workforce development as a nonvoting member. The 2 bill eliminates the community college council and nonpublic 3 school advisory committee and transfers the authority of those 4 entities to the board of education. 5 The bill eliminates the public employment relations board 6 and transfers its functions to the employment appeal board. 7 The bill requires all members of the economic development 8 authority board to be appointed from the state at large. The 9 bill eliminates the enhance Iowa board and transfers the 10 functions and authorities of the enhance Iowa board to the 11 economic development authority board. 12 The bill reduces the membership of or changes membership 13 requirements for the accountancy examining board, civil 14 rights commission, engineering and land surveying examining 15 board, board of mortuary science, board of nursing, board 16 of dentistry, board of optometry, real estate appraiser 17 examining board, real estate commission, board of sign language 18 interpreters and transliterators, statewide interoperable 19 communications system board, fire service and emergency 20 response council, Iowa board of veterinary medicine, advisory 21 council for agricultural education, college student aid 22 commission, Iowa public broadcasting board, Iowa workforce 23 development board, higher education loan authority, city 24 finance committee, county finance committee, Iowa innovation 25 council, benefits advisory committee, commission of veterans 26 affairs, human rights board, and the Iowa commission on 27 volunteer service. 28 The bill transfers authority for scoring examinations for 29 licensure to practice engineering or land surveying to DIAL. 30 The bill transfers certain authorities of the board of 31 corrections to the department of corrections. The bill allows 32 the board of corrections to act in an advisory capacity for the 33 department of corrections. 34 The bill transfers rulemaking authority from the commission 35 -305- LSB 5023SV (3) 90 ss/ns 305/ 312
S.F. 2385 of libraries to the department of administrative services. The 1 commission may advise the department on the adoption of rules. 2 The bill transfers rulemaking authority from the Iowa 3 telecommunications and technology commission to the executive 4 director appointed by the commission. 5 The bill strikes the authorization for the alcoholic 6 beverages commission to act as a policymaking body and requires 7 the commission to provide advice and recommendations to the 8 director of revenue. 9 The bill reorganizes the Iowa civil rights commission into 10 the office of civil rights, the civil rights commission, and 11 the administrative agency of the office. 12 The bill transfers rulemaking authority from the crime 13 victim assistance board to the department of justice. 14 The bill transfers rulemaking and budget approval 15 authority from the state soil conservation and water quality 16 committee to the secretary of agriculture and department of 17 natural resources, with the committee providing advice and 18 recommendations. 19 The bill eliminates the chief technology officer. The bill 20 alters the responsibilities of the Iowa innovation council to 21 provide advice and recommendations on relevant activities of 22 the economic development authority. The bill allows members 23 of the technology commercialization committee to receive a per 24 diem and reimbursement for mileage to and from meetings. 25 The bill directs the code editor to change all references to 26 the “Iowa utilities board” to the “Iowa utilities commission” 27 and all references to the “Iowa lottery authority board of 28 directors” to the “Iowa lottery commission” in the Code and to 29 make conforming changes in any Code sections enacted or amended 30 in another bill. 31 The bill eliminates several boards, councils, committees, 32 commissions, and other entities, and transfers any duties 33 beyond providing advice or recommendations to the department or 34 other entity under which the eliminated entity was organized. 35 -306- LSB 5023SV (3) 90 ss/ns 306/ 312
S.F. 2385 Eliminated entities include the boiler and pressure vessel 1 board, state building code advisory council, dental hygiene 2 committee, elevator safety board, fire extinguishing system 3 contractors and alarm systems advisory board, midwifery 4 advisory council, board of pharmacy alternates, capitol 5 planning commission, prison industries advisory board, 6 commercial air service retention and expansion committee, 7 integrated roadside vegetation management technical advisory 8 committee, Mississippi parkway planning commission, tourist 9 signing committee, Iowa drug policy advisory council, propane 10 education and research council, 911 communications council, 11 consumer advisory panel, public policy research foundation, 12 street construction fund distribution advisory committee, 13 interstate cooperation commission, conservation education 14 program board, federal Clean Air Act compliance advisory panel, 15 advisory council for public outdoor recreation and resources, 16 commercial pesticide applicator peer review panel, farm deer 17 council, grain industry peer review panel, local food and farm 18 program council, organic advisory council, private pesticide 19 applicator peer review panel, watershed planning advisory 20 council, well contractors’ council, community college faculty 21 advisory committee, commission on educator leadership and 22 compensation, postsecondary course audit committee, ongoing 23 quality faculty plan professional development committee, 24 telecommunications advisory committee, Leopold center for 25 sustainable agriculture advisory board, area education 26 agency advisory group, interstate midwest energy commission, 27 streamlined sales tax advisory council, Iowa cultural trust 28 board of trustees, Iowa great places board, Iowa council on 29 homelessness, advisory committee for perinatal guidelines, 30 child care advisory committee, leadership council for child 31 care training and development, child support services task 32 force on liens and motor vehicle registrations, commission on 33 community action agencies, dependent adult protective advisory 34 council, early childhood stakeholders alliance, interagency 35 -307- LSB 5023SV (3) 90 ss/ns 307/ 312
S.F. 2385 coordinating council, community mental health centers mental 1 health and disability services standards advisory committee, 2 and county care facilities mental health and disability 3 services standards advisory committee. The bill repeals the 4 Code section establishing membership provisions for the adult 5 offender supervision state council. 6 The bill eliminates the board of dietetics and transfers 7 authority to regulate dietitians to DIAL. The bill strikes 8 the licensure requirement for the practice of dietetics 9 and requires the department to register dietitians who are 10 credentialed by the academy of nutrition and dietetics. 11 The bill eliminates the board of hearing aid specialists and 12 the interior design examining board and transfers the authority 13 to regulate hearing aid specialists and interior designers 14 to DIAL. The bill requires interior designers to receive 15 certification from the national council for interior design 16 qualification in order to stamp and seal interior design plans. 17 The bill eliminates the horizontal and vertical 18 infrastructure bid threshold subcommittees and transfers the 19 authority to set bid threshold levels to the director of 20 transportation in consultation with industry and subject matter 21 experts. 22 The bill eliminates the public funds interest rates 23 committee and transfers the functions of the committee to the 24 treasurer of state in consultation with subject matter experts, 25 as needed. 26 The bill eliminates the board of examiners of shorthand 27 reporters and transfers authority for the regulation of 28 shorthand reporters to DIAL. 29 The bill eliminates the Iowa comprehensive petroleum 30 underground storage tank fund board effective December 31, 31 2028, and requires the department of natural resources, in 32 consultation with the board, to submit conforming legislation. 33 The bill directs the department of health and human 34 services (HHS), in consultation with DIAL, and with the 35 -308- LSB 5023SV (3) 90 ss/ns 308/ 312
S.F. 2385 assistance of other interested parties, to conduct a study 1 on the effectiveness of the current certificate of need 2 process. HHS shall submit a report, including its findings 3 and recommendations, to the governor and general assembly by 4 December 31, 2025. 5 PUBLIC OFFICERS AND EMPLOYEES. The bill provides that a 6 person appointed by the governor to a board shall be deemed to 7 have submitted a resignation from such office if sufficient 8 grounds exist that would subject the person to removal by the 9 executive council pursuant to Code section 66.26 (appointive 10 state officers). 11 COUNCIL ON HEALTH AND HUMAN SERVICES. This division relates 12 to the council on health and human services (council) of HHS. 13 The bill strikes the authority of the council to approve the 14 budget and rules of HHS and allows the council to provide 15 advice and recommendations to HHS on those matters. The bill 16 also allows the council to create ad hoc advisory committees 17 related to subject matters under the purview of HHS. 18 COMMISSION ON AGING ELIMINATION. This division eliminates 19 the commission on aging and transfers the commission’s duties 20 to the council. 21 ELIMINATION OF ADVISORY COUNCIL ON BRAIN INJURIES. This 22 division eliminates the advisory council on brain injuries and 23 transfers its duties to the council. 24 MENTAL HEALTH AND DISABILITY SERVICES COMMISSION 25 ELIMINATION. This division eliminates the mental health and 26 disability services commission and transfers its duties to the 27 council. 28 ELIMINATION OF CHILDREN’S BEHAVIORAL HEALTH SYSTEM STATE 29 BOARD. This division eliminates the children’s behavioral 30 health system state board and transfers its duties to the 31 council. 32 ELIMINATION OF CONGENITAL AND INHERITED DISORDERS ADVISORY 33 COMMITTEE. This division eliminates the congenital and 34 inherited disorders advisory committee and transfers its duties 35 -309- LSB 5023SV (3) 90 ss/ns 309/ 312
S.F. 2385 to the council. 1 ELIMINATION OF EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL. 2 This division eliminates the emergency medical services 3 advisory council and transfers its duties to the council. 4 ELIMINATION OF TRAUMA SYSTEM ADVISORY COUNCIL. This 5 division eliminates the trauma system advisory council and 6 transfers its duties to the council. 7 ELIMINATION OF JUSTICE ADVISORY BOARD. This division 8 eliminates the justice advisory board and transfers its duties 9 to the council. 10 ELIMINATION OF IOWA COLLABORATION FOR YOUTH DEVELOPMENT 11 COUNCIL. This division eliminates the Iowa collaboration for 12 youth development council and transfers its duties to the 13 council. 14 ELIMINATION OF COMMISSIONS UNDER HUMAN RIGHTS BOARD. This 15 division relates to the human rights board. The bill reduces 16 the voting membership of the human rights board from 11 to 7, 17 who shall represent a cross section of the citizens of this 18 state. The bill eliminates the commissions on the status 19 of African Americans, Asian and Pacific Islanders, persons 20 with disabilities, and the status of women, the commission of 21 Native American affairs, and the Latino affairs commission and 22 transfer the duties of the commissions to the human rights 23 board. The bill also eliminates the offices on the status of 24 women and African Americans and the offices of Latino affairs, 25 persons with disabilities, deaf services, Asian and Pacific 26 Islanders, and Native Americans. The bill combines the deaf 27 services commission and the dual party relay council. 28 ELIMINATION OF TOBACCO USE PREVENTION AND CONTROL ADVISORY 29 COUNCIL AND COMMISSION ON TOBACCO USE PREVENTION AND CONTROL. 30 This division eliminates the tobacco use prevention and control 31 advisory council and commission on tobacco use prevention and 32 control and transfers their duties to the council. 33 HAWKI BOARD AND ADVISORY COMMITTEE FOR CHILDREN WITH SPECIAL 34 HEALTH CARE NEEDS ELIMINATION. This division eliminates the 35 -310- LSB 5023SV (3) 90 ss/ns 310/ 312
S.F. 2385 Hawki board and advisory committee for children with special 1 health care needs and transfers their duties to the medical 2 assistance advisory council. 3 AUTISM COUNCIL ELIMINATION AND CREATION OF IOWA SPECIAL 4 EDUCATION COUNCIL. This division eliminates the autism council 5 and creates the Iowa special education council. The Iowa 6 special education council shall act as an advisory council to 7 assist the department of education in promoting, directing, and 8 supervising education for children requiring special education 9 in schools. The bill provides membership provisions for the 10 Iowa special education council and requires the department of 11 education to provide administrative support. 12 This division of the bill takes effect July 1, 2025. 13 TRANSITION PROVISIONS. The bill provides that a rule 14 adopted by a government body eliminated by the bill that 15 is in force and effect immediately prior to July 1, 2024, 16 shall continue in full force and effect until it expires by 17 its own terms or is repealed by the relevant board or other 18 government body. A license or permit issued by a government 19 body eliminated by the bill that is in effect on July 1, 20 2024, continues in full force and effect until expiration or 21 renewal. The bill transfers control of moneys and client and 22 organizational files in the possession of an entity eliminated 23 by the bill to the control of the government body assuming 24 control of the duties of the former government body. The 25 bill applies causes of action, statutes of limitation, and 26 administrative actions relating to or initiated by a government 27 body eliminated by the bill to the government body assuming 28 control of the duties of the former government body. 29 The bill provides that personnel in the state merit system of 30 employment who are mandatorily transferred due to the effect of 31 the bill shall be so transferred without any loss in salary, 32 benefits, or accrued years of service. 33 With respect to persons serving on government bodies merged, 34 consolidated, or eliminated by the bill, or any government body 35 -311- LSB 5023SV (3) 90 ss/ns 311/ 312
S.F. 2385 with fewer members or reduced term lengths for current members 1 resulting from the provisions of the bill, the bill immediately 2 terminates the terms of office of all such persons. For such 3 a government body that is not eliminated by the bill, the 4 bill requires the governor or other appointing or designating 5 authority to designate new members on or before July 1, 2024. 6 The governor or other appointing or designating authority shall 7 determine the length of the initial terms of office for each 8 position, but in any event shall stagger such terms, beginning 9 and ending as otherwise provided by law. 10 -312- LSB 5023SV (3) 90 ss/ns 312/ 312