HF 289 (LSB 2023YH (1) 91)

HOUSE FILE 289

BY  TUREK

A BILL FOR

An Act transferring the division of vocational rehabilitation services from the department of workforce development to the department of education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 19B.2, subsection 2, Code 2025, is amended to read as follows:
   2.  It is the policy of this state to permit special appointments by bypassing the usual testing procedures for any applicant for whom the division of vocational rehabilitation services of the department of workforce development education or the department for the blind has certified the applicant’s disability and competence to perform the job. The department of administrative services, in cooperation with the department for the blind and the division of vocational rehabilitation services, shall develop appropriate certification procedures. This subsection should not be interpreted to bar promotional opportunities for persons who are blind or persons with physical or mental disabilities. If this subsection conflicts with any other provisions of this chapter, the provisions of this subsection govern.
    Sec. 2.  Section 48A.19, subsection 1, paragraph b, subparagraph (1), subparagraph division (b), Code 2025, is amended to read as follows:
   (b)  Division of vocational rehabilitation services of the department of workforce development education.
    Sec. 3.  Section 84A.1, subsection 4, Code 2025, is amended by striking the subsection.
    Sec. 4.  Section 84A.1A, subsection 1, paragraph a, subparagraph (6), Code 2025, is amended by striking the subparagraph.
    Sec. 5.  Section 84A.4, subsection 2, paragraph b, subparagraph (4), subparagraph division (a), subparagraph subdivision (iii), Code 2025, is amended to read as follows:
   (iii)  The members shall include at least one appropriate representative of the programs carried out under Tit. I of the federal  Rehabilitation Act of 1973, as codified at 29 U.S.C. §720 et seq., relating to vocational rehabilitation services, excluding 29 U.S.C. §732 and 741, serving the local workforce development area and nominated by the administrator of the division of vocational rehabilitation services of the department of workforce development education or director of the department for the blind, as appropriate.
    Sec. 6.  Section 84A.6, subsection 3, Code 2025, is amended to read as follows:
   3.  The director of the department of workforce development, in cooperation with the department of health and human services and the vocational rehabilitation services division of the department of workforce development education, shall establish a program to provide job placement and training to persons with disabilities.
    Sec. 7.  Section 84B.1, Code 2025, is amended to read as follows:
   84B.1  Workforce development system.
   The departments of workforce development, education, health and human services, and corrections, the economic development authority, the division of Iowa vocational rehabilitation services of the department of workforce development education, and the department for the blind shall collaborate where possible under applicable state and federal law to align workforce development programs, services, and activities in an integrated workforce development system in the state and in each local workforce development area that is data driven and responsive to the needs of workers, job seekers, and employers. The departments, authority, and division shall also jointly establish an integrated management information system for linking workforce development programs within local workforce development systems and in the state.
    Sec. 8.  Section 84B.2, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   The department of workforce development, in consultation with the departments of education, health and human services, and corrections, the economic development authority, the division of Iowa vocational rehabilitation services of the department of workforce development education, and the department for the blind shall establish guidelines for colocating state and federal employment and training programs in centers providing services at the local level. The centers shall be known as workforce development centers. The guidelines shall provide for local design and operation within the guidelines. The core services available at a center shall include but are not limited to all of the following:
    Sec. 9.  Section 84H.2, Code 2025, is amended to read as follows:
   84H.2  Custodian of funds.
   1.  The treasurer of state is custodian of moneys received by the state from appropriations made by the Congress of the United States for the vocational rehabilitation of individuals with disabilities, and may receive and provide for the proper custody of the moneys and make disbursement of the moneys upon the requisition of the director of the department of workforce development education.
   2.  The treasurer of state is appointed custodian of moneys paid by the federal government to the state for the purpose of carrying out the agreement relative to making determinations of disability under Tit. II and Tit. XVI of the federal Social Security Act as amended, 42 U.S.C. ch. 7, and may receive the moneys and make disbursements of the moneys upon the requisition of the director of the department of workforce development education.
    Sec. 10.  Section 84H.3, Code 2025, is amended to read as follows:
   84H.3  Division of vocational rehabilitation services.
   The division of vocational rehabilitation services is established in the department of workforce development education. The director of the department of workforce development education shall cooperate with the United States secretary of education in carrying out the federal law cited in sections 84H.1 and 84H.2 providing for the vocational rehabilitation of individuals with disabilities. 
    Sec. 11.  Section 84H.7, Code 2025, is amended to read as follows:
   84H.7  Fund.
   All the moneys received as gifts or donations shall be deposited in the state treasury and shall constitute a permanent fund to be called the special fund for the vocational rehabilitation of individuals with disabilities, to be used by the director of the department of workforce development education in carrying out the provisions of this chapter or for related purposes.
    Sec. 12.  Section 84H.8, Code 2025, is amended to read as follows:
   84H.8  Report of gifts.
   A report of all gifts and donations offered and accepted, together with the name of each donor and the amount contributed by each donor, and all disbursements from the special fund for the vocational rehabilitation of individuals with disabilities shall be submitted biennially to the governor by the department of workforce development education.
    Sec. 13.  Section 84H.10, Code 2025, is amended to read as follows:
   84H.10  Rules.
   The department of workforce development state board of education shall adopt rules under chapter 17A for the administration of this chapter.
    Sec. 14.  Section 85.70, subsection 1, Code 2025, is amended to read as follows:
   1.  An employee who has sustained an injury resulting in permanent partial or permanent total disability, for which compensation is payable under this chapter other than an injury to the shoulder compensable pursuant to section 85.34, subsection 2, paragraph “n”, and who cannot return to gainful employment because of such disability, shall upon application to and approval by the workers’ compensation commissioner be entitled to a one hundred dollar weekly payment from the employer in addition to any other benefit payments, during each full week in which the employee is actively participating in a vocational rehabilitation program recognized by the vocational rehabilitation services division of the department of workforce development education. The workers’ compensation commissioner’s approval of such application for payment may be given only after a careful evaluation of available facts, and after consultation with the employer or the employer’s representative. Judicial review of the decision of the workers’ compensation commissioner may be obtained in accordance with the terms of the Iowa administrative procedure Act, chapter 17A, and in section 10A.322. Such additional benefit payment shall be paid for a period not to exceed thirteen consecutive weeks except that the workers’ compensation commissioner may extend the period of payment not to exceed an additional thirteen weeks if the circumstances indicate that a continuation of training will in fact accomplish rehabilitation.
    Sec. 15.  Section 147.77, subsection 1, paragraph c, Code 2025, is amended to read as follows:
   c.  The economic development authority, with respect to rules relating to the certification of a person with a disability for the purpose of the targeted small business program, that in order to be considered a person with a disability for the purpose of the targeted small business program, the person must qualify and receive certification as having a disability from a licensed medical physician or must have been found eligible for vocational rehabilitation services by the department of workforce development education, division of vocational rehabilitation services, or by the department for the blind.
    Sec. 16.  Section 225C.23, subsection 1, Code 2025, is amended to read as follows:
   1.  The department, the division of special education of the department of education, the division of vocational rehabilitation services of the department of workforce development education, the department for the blind, and all other state agencies which serve persons with brain injuries, shall recognize brain injury as a distinct disability and shall identify those persons with brain injuries among the persons served by the state agency.
    Sec. 17.  Section 256.35A, subsection 2, paragraph b, Code 2025, is amended to read as follows:
   b.  In addition, representatives of the department of education, the division of vocational rehabilitation of the department of workforce development education, the department of health and human services, the Iowa developmental disabilities council, the division of insurance of the department of insurance and financial services, and the state board of regents shall serve as ex officio members of the advisory council. Ex officio members shall work together in a collaborative manner to serve as a resource to the advisory council. The council may also form workgroups as necessary to address specific issues within the technical purview of individual members.
    Sec. 18.  CODE EDITOR DIRECTIVE.
   1.  The Code editor is directed to make the following transfers:
   a.  Section 84H.1 to section 256.231.
   b.  Section 84H.2 to section 256.232.
   c.  Section 84H.3 to section 256.233.
   d.  Section 84H.4 to section 256.234.
   e.  Section 84H.5 to section 256.235.
   f.  Section 84H.6 to section 256.236.
   g.  Section 84H.7 to section 256.237.
   h.  Section 84H.8 to section 256.238.
   i.  Section 84H.9 to section 256.239.
   j.  Section 84H.10 to section 256.240.
   2.  The Code editor shall correct internal references in the Code and in any enacted legislation as necessary due to the enactment of this section.
   3.  The Code editor may designate sections 256.231 through 256.240, as enacted in this Act, as new subchapter VIII within chapter 256, entitled “Division of Vocational Rehabilitation Services”.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill transfers the division of vocational rehabilitation services from the department of workforce development to the department of education.
   The division of vocational rehabilitation services is responsible for, among other things, administering legislation enacted pursuant to the federal Rehabilitation Act of 1973 in this state, administering the use of funds provided by the federal government and this state for the vocational rehabilitation of individuals with disabilities, assisting in the development of training agencies for the vocational rehabilitation of individuals with disabilities, helping to secure the rehabilitation of individuals with significant disabilities, providing rehabilitation services to individuals with significant disabilities who are homebound, and administering the entrepreneurs with disabilities program. Current law establishes the division of vocational rehabilitation services within the department of workforce development. The bill transfers the division of vocational rehabilitation services from the department of workforce development to the department of education.
   The bill makes conforming changes, including changes related to the membership of the Iowa workforce development board and the Iowa autism council.