SF 2345 (LSB 5564XS (8) 91)

SENATE FILE 2345

BY  GREEN

A BILL FOR

An Act relating to notice of immunization exemptions and providing civil penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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