Senate File 2345 - Introduced SENATE FILE 2345 BY GREEN A BILL FOR An Act relating to notice of immunization exemptions and 1 providing civil penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5564XS (8) 91 ak/ko
S.F. 2345 Section 1. Section 139A.8, subsection 4, paragraph c, Code 1 2026, is amended to read as follows: 2 c. Information regarding exemptions and the requirements 3 for an exemption under this subsection shall be included in 4 any public communication following the recommendation of an 5 immunization by the department pursuant to subsection 2 , shall 6 be included in any communication distributed to the public by 7 a local public health department, and in any communication 8 regarding immunizations to a parent or legal guardian from a 9 school , and . The information shall also be published on the 10 internet sites of and included in registration documentation 11 for all elementary schools, secondary schools, and licensed 12 child care centers. 13 Sec. 2. Section 139A.8, subsection 4, Code 2026, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . d. A violation of this subsection shall 16 be subject to a civil penalty in the amount of one thousand 17 dollars per violation, to be collected by the department. 18 Moneys from civil penalties shall be deposited in the general 19 fund of the state. 20 Sec. 3. Section 237A.3C, Code 2026, is amended to read as 21 follows: 22 237A.3C Immunization information —— penalty . 23 1. Each child care center, child care facility, child care 24 home, and child development home shall include information 25 regarding the exemptions and requirements for an exemption 26 described in section 139A.8, subsection 4 , in any communication 27 to the parent or guardian of a child that is related to the 28 immunizations required under section 139A.8 . 29 2. A child care center, child care facility, child care 30 home, or child development home that violates this section 31 shall be subject to a civil penalty in the amount of one 32 thousand dollars per violation, to be collected by the 33 department. Moneys from civil penalties shall be deposited in 34 the general fund of the state. 35 -1- LSB 5564XS (8) 91 ak/ko 1/ 4
S.F. 2345 Sec. 4. NEW SECTION . 256.45A Immunization information —— 1 penalty. 2 A school district, accredited nonpublic school, charter 3 school, innovation zone school, or eligible institution as 4 defined in section 256.183 that fails to adhere to the policies 5 adopted by the department pursuant to section 256.7, subsection 6 15, and section 256.183, subsection 1, paragraph “k” , shall 7 be subject to a civil penalty in the amount of one thousand 8 dollars per violation, to be collected by the department of 9 health and human services. Moneys from civil penalties shall 10 be deposited in the general fund of the state. 11 Sec. 5. Section 256.183, subsection 3, Code 2026, is amended 12 to read as follows: 13 3. “Eligible institution” means an institution of higher 14 learning located in Iowa which is operated privately and 15 not controlled or administered by any state agency or any 16 subdivision of the state, which is not exempt from taxation 17 under section 501(c)(3) of the Internal Revenue Code, and which 18 meets all of the criteria in subsection 1 , paragraphs “d” 19 through “k” , and or is a school of barbering and cosmetology 20 arts and sciences licensed under chapter 157 and is accredited 21 by a national accrediting agency recognized by the United 22 States department of education. For the fiscal year beginning 23 July 1, 2017, such a school of barbering and cosmetology arts 24 and sciences shall provide a matching aggregate amount of 25 institutional financial aid equal to at least seventy-five 26 percent of the amount received by the institution’s students 27 for Iowa tuition grant assistance under section 256.191 . For 28 the fiscal year beginning July 1, 2018, the school of barbering 29 and cosmetology arts and sciences shall provide a matching 30 aggregate amount of institutional financial aid equal to at 31 least eighty-five percent of the amount received in that fiscal 32 year. Commencing with the fiscal year beginning July 1, 2019, 33 and each succeeding fiscal year, the matching aggregate amount 34 of institutional financial aid shall be at least equal to the 35 -2- LSB 5564XS (8) 91 ak/ko 2/ 4
S.F. 2345 match provided by eligible institutions under section 261.9, 1 subsection 3 , paragraph “a” , Code 2023. 2 Sec. 6. NEW SECTION . 260C.10B Immunization information —— 3 penalty. 4 A community college that fails to comply with the rules 5 adopted by the department pursuant to section 260C.14, 6 subsection 26, shall be subject to a civil penalty in the 7 amount of one thousand dollars per violation, to be collected 8 by the department of health and human services. Moneys from 9 civil penalties shall be deposited in the general fund of the 10 state. 11 Sec. 7. NEW SECTION . 262.34C Immunization information —— 12 penalty. 13 An institution of higher education under the control of the 14 board that fails to comply with the rules adopted pursuant 15 to section 262.9, subsection 42, shall be subject to a civil 16 penalty in the amount of one thousand dollars per violation, to 17 be collected by the department of health and human services. 18 Moneys collected from civil penalties shall be deposited in the 19 general fund of the state. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to notice of immunization exemptions. 24 Under current law, all children enrolled in any licensed 25 child care center or elementary or secondary school in the 26 state are required to have certain immunizations, subject 27 to specific religious and health exemptions (exemptions). 28 Local public health departments are not required to include 29 information about exemptions or the requirements for obtaining 30 an exemption in any public communication. Child care centers, 31 child care facilities, child care homes, child development 32 homes, school districts, accredited nonpublic schools, charter 33 schools, innovation zone schools, eligible institutions as 34 defined in Code section 256.183, community colleges, and 35 -3- LSB 5564XS (8) 91 ak/ko 3/ 4
S.F. 2345 institutions of higher education under the control of the board 1 of regents are required by statute, rule, or policy to include 2 such information in immunization-related communications. The 3 bill amends the definition of eligible institution under Code 4 section 256.183. 5 The bill requires local public health departments to 6 include information about exemptions and the requirements for 7 obtaining an exemption in all communications distributed to the 8 public following the recommendation of an immunization by the 9 department of health and human services (HHS). 10 The bill provides for a civil penalty of $1,000 per violation 11 for a failure to comply with the laws of this state, or to 12 adhere to a rule or policy adopted by the department of 13 education or the board of regents relating to information on 14 exemptions. Moneys collected from civil penalties by HHS shall 15 be deposited in the general fund of the state. 16 -4- LSB 5564XS (8) 91 ak/ko 4/ 4