House File 2589 - Reprinted HOUSE FILE 2589 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 730) (COMPANION TO SF 2384 BY COMMITTEE ON APPROPRIATIONS) (As Amended and Passed by the House May 24, 2022 ) A BILL FOR An Act relating to state and local finances by making 1 appropriations, providing for legal and regulatory 2 responsibilities, providing for other properly related 3 matters, providing penalties, making penalties applicable, 4 and including effective date, applicability, and retroactive 5 applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 HF 2589 (2) 89 ns/tm/md
H.F. 2589 DIVISION I 1 STANDING APPROPRIATIONS AND RELATED MATTERS 2 Section 1. LIMITATIONS OF STANDING APPROPRIATIONS —— FY 3 2022-2023. Notwithstanding the standing appropriation in the 4 following designated section for the fiscal year beginning July 5 1, 2022, and ending June 30, 2023, the amount appropriated from 6 the general fund of the state pursuant to that section for the 7 following designated purpose shall not exceed the following 8 amount: 9 For payment of claims for nonpublic school pupil 10 transportation under section 285.2 : 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,997,091 12 If total approved claims for reimbursement for nonpublic 13 school pupil transportation exceed the amount appropriated in 14 accordance with this section, the department of education shall 15 prorate the amount of each approved claim. 16 Sec. 2. INSTRUCTIONAL SUPPORT STATE AID —— FY 2022-2023. In 17 lieu of the appropriation provided in section 257.20, 18 subsection 2 , the appropriation for the fiscal year 19 beginning July 1, 2022, and ending June 30, 2023, for paying 20 instructional support state aid under section 257.20 for the 21 fiscal year is zero. 22 Sec. 3. SPECIAL FUNDS —— SALARY ADJUSTMENTS —— 23 UNAPPROPRIATED MONEYS —— FY 2022-2023. For the fiscal year 24 beginning July 1, 2022, and ending June 30, 2023, salary 25 adjustments otherwise provided may be funded as determined 26 by the department of management, subject to any applicable 27 constitutional limitation, using unappropriated moneys 28 remaining in the department of commerce revolving fund, the 29 gaming enforcement revolving fund, the gaming regulatory 30 revolving fund, the primary road fund, the road use tax 31 fund, the fish and game protection fund, and the Iowa public 32 employees’ retirement fund, and in other departmental 33 revolving, trust, or special funds for which the general 34 assembly has not made an operating budget appropriation. 35 -1- HF 2589 (2) 89 ns/tm/md 1/ 24
H.F. 2589 Sec. 4. Section 257.35, Code 2022, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 16A. a. Notwithstanding subsection 1, and 3 in addition to the reductions applicable pursuant to subsection 4 2 and paragraph “b” of this subsection, the state aid for area 5 education agencies and the portion of the combined district 6 cost calculated for these agencies related to expenditures 7 other than expenditures for professional development for the 8 fiscal year beginning July 1, 2022, and ending June 30, 2023, 9 shall be reduced by the department of management by fifteen 10 million dollars. The reduction for each area education agency 11 shall be prorated based on the reduction that the agency 12 received in the fiscal year beginning July 1, 2003. 13 b. Notwithstanding subsection 1, and in addition to 14 the reductions applicable pursuant to subsection 2 and 15 paragraph “a” of this subsection, the state aid for area 16 education agencies and the portion of the combined district 17 cost calculated for these agencies related to professional 18 development expenditures for the fiscal year beginning July 19 1, 2022, and ending June 30, 2023, shall be reduced by the 20 department of management by an amount equal to the sum of the 21 area education agency professional development supplement 22 district cost for all area education agencies determined under 23 section 257.37A, subsection 2, for the budget year beginning 24 July 1, 2022. The reduction for each area education agency 25 shall be equal to the area education agency’s professional 26 development district cost determined under section 257.37A, 27 subsection 2, for the budget year beginning July 1, 2022. 28 The amounts reduced under this paragraph shall be considered 29 funds paid to school districts and area education agencies 30 under chapter 284 for purposes of requirements for providing 31 professional development opportunities. 32 DIVISION II 33 CORRECTIVE PROVISIONS 34 Sec. 5. Section 45.1, subsection 7, paragraph a, Code 2022, 35 -2- HF 2589 (2) 89 ns/tm/md 2/ 24
H.F. 2589 as amended by 2022 Iowa Acts, House File 2466, section 3, is 1 amended to read as follows: 2 a. For a supervisor district with a population of greater 3 than fifteen thousand but fewer no more than fifty thousand 4 according to the most recent federal decennial census, 5 nomination petitions shall include at least fifty signatures. 6 Sec. 6. Section 80E.2, subsection 2, Code 2022, as amended 7 by 2022 Iowa Acts, House File 2367, section 2, is amended to 8 read as follows: 9 2. The prosecuting attorney, certified alcohol and drug 10 counselor, certified substance abuse prevention specialist, 11 substance use disorder treatment program director, member 12 representing the Iowa peace officers association, member 13 representing the Iowa state police association, the 14 member representing the Iowa state sheriffs’ and deputies’ 15 association, and the member representing the Iowa police chiefs 16 association who is a police chief shall be appointed by the 17 governor, subject to senate confirmation, for four-year terms 18 beginning and ending as provided in section 69.19 . A vacancy 19 on the council shall be filled for the unexpired term in the 20 same manner as the original appointment was made. 21 Sec. 7. Section 124.204, subsection 2, paragraph cl, as 22 enacted by 2022 Iowa Acts, House File 2201, section 1, is 23 amended to read as follows: 24 cl. N-(1-phenethylpiperidin-4-yl) 25 -N-phenylcyclopentanecarboxamide. Other name: cyclopentanyl 26 cyclopentyl fentanyl. 27 Sec. 8. Section 147.77, subsection 1, paragraph l, as 28 enacted by 2022 Iowa Acts, House File 803, section 51, is 29 amended to read as follows: 30 l. The department of public safety, with respect to rules 31 relating to permits to carry weapons, that a person who is 32 an unlawful user of or addicted to any controlled substance 33 includes any person who is a current user of a controlled 34 substance in a manner other than as prescribed by a licensed 35 -3- HF 2589 (2) 89 ns/tm/md 3/ 24
H.F. 2589 physician. 1 Sec. 9. Section 147.77, subsection 1, paragraph p, 2 subparagraph (3), as enacted by 2022 Iowa Acts, House File 803, 3 section 51, is amended to read as follows: 4 (3) For applications for a license to practice asbestos 5 removal, that except as noted in rule, only worker and 6 contractor/supervisor license applicants must submit a the 7 respiratory protection and physician’s certification forms. 8 Sec. 10. Section 249A.42A, subsection 2, as enacted by 2022 9 Iowa Acts, House File 736, section 1, is amended to read as 10 follows: 11 2. The provider documented the eligibility verification 12 performed and any necessary prior authorization obtained 13 pursuant to paragraph “a” subsection 1 in a manner and format 14 established by the department by rule, and retained the 15 required documentation in the recipient’s file. 16 Sec. 11. Section 261.116, subsection 7, Code 2022, as 17 amended by 2022 Iowa Acts, Senate File 2383, section 16, if 18 enacted, is amended to read as follows: 19 6. Health care award fund. A health care award fund is 20 created for deposit of moneys appropriated to or received by 21 the commission for use under the program. Notwithstanding 22 section 8.33 , moneys deposited in the health care award 23 fund shall not revert to any fund of the state at the 24 end of any fiscal year but shall remain in the award fund 25 and be continuously available for use under the program. 26 Notwithstanding section 12C.7, subsection 2 , interest or 27 earnings on moneys deposited in the health care award fund 28 shall be credited to the fund. 29 Sec. 12. Section 441.1, subsection 3, paragraph d, as 30 enacted by 2022 Iowa Acts, Senate File 384, section 1, is 31 amended to read as follows: 32 d. The provisions of chapter 28E are applicable to this 33 section subsection . 34 Sec. 13. Section 600.5, subsection 9A, as enacted by 2022 35 -4- HF 2589 (2) 89 ns/tm/md 4/ 24
H.F. 2589 Iowa Acts, House File 2252, section 6, is amended to read as 1 follows: 2 9A. If the parents of the person to be adopted had their 3 parental rights terminated pursuant to chapter 232, the 4 petition shall included include the names of any known siblings 5 placed separately from the person to be adopted and either the 6 plan for ongoing contact between the siblings if a court found 7 that continued contact is in the best interest of each sibling 8 or a statement that the court found continued contact between 9 the siblings is not in the best interest of each sibling. 10 Sec. 14. Section 692A.102, subsection 1, paragraph c, 11 subparagraph (012), if enacted by 2022 Iowa Acts, Senate File 12 529, section 6, is amended to read as follows: 13 NEW SUBPARAGRAPH . (012) Sexual abuse in the fourth 14 degree in violation of section 709.4A, subsection 3, if the 15 perpetrator is a health care professional as defined in section 16 714I.2, who used or provided the health care professional’s 17 own human reproductive material for assisted reproduction in 18 violation of section 714I.3, subsection 2. 19 Sec. 15. 2022 Iowa Acts, House File 2200, section 3, is 20 amended to read as follows: 21 SEC. 3. APPLICABILITY. This Act applies to direct health 22 care agreements that are fully executed on or after the 23 effective date of enactment this Act . 24 Sec. 16. 2022 Iowa Acts, House File 2201, section 7, is 25 amended by striking the section and inserting in lieu thereof 26 the following: 27 SEC. 7. Section 124.206, subsection 2, paragraph a, 28 unnumbered paragraph 1, Code 2022, is amended by striking 29 the unnumbered paragraph and inserting in lieu thereof the 30 following: 31 Opium and opiate, and any salt, compound, derivative, 32 or preparation of opium or opiate excluding apomorphine, 33 thebaine-derived butorphanol, dextrorphan, nalbuphine, 34 naldemedine, nalmefene, naloxegol, naloxone, 6beta-naltrexol, 35 -5- HF 2589 (2) 89 ns/tm/md 5/ 24
H.F. 2589 naltrexone, and samidorphan, and their respective salts, but 1 including the following: 2 Sec. 17. 2022 Iowa Acts, Senate File 2295, section 184, is 3 amended by striking the section and inserting in lieu thereof 4 the following: 5 SEC. 184. 2020 Iowa Acts, chapter 1064, sections 17 and 6 18, are amended by striking the sections and inserting in lieu 7 thereof the following: 8 SEC. 17. Section 422.12D, subsection 2 , Code 2022, is 9 amended to read as follows: 10 2. The director of revenue shall draft the income tax form 11 to allow the designation of contributions to the veterans trust 12 fund and to the volunteer fire fighter preparedness fund as 13 one checkoff on the tax return. The department of revenue, 14 on or before January 31, shall transfer one-half of the total 15 amount designated on the tax return forms due in the preceding 16 calendar year to the veterans trust fund and the remaining 17 one-half to the volunteer fire fighter preparedness fund. 18 However, before a checkoff pursuant to this section shall be 19 permitted, all liabilities on the books of the department of 20 administrative services and accounts identified as owing under 21 section 8A.504 421.65 shall be satisfied. 22 SEC. 18. Section 422.12L, subsection 2 , Code 2022, is 23 amended to read as follows: 24 2. The director of revenue shall draft the income tax form 25 to allow the designation of contributions to the foundation 26 fund on the tax return. The department, on or before January 27 31, shall transfer the total amount designated on the tax 28 form due in the preceding year to the foundation fund. 29 However, before a checkoff pursuant to this section shall be 30 permitted, all liabilities on the books of the department of 31 administrative services and accounts identified as owing under 32 section 8A.504 421.65 shall be satisfied. 33 Sec. 18. CONTINGENT REPEAL. 2022 Iowa Acts, House File 34 2581, section 13, if enacted, is repealed. 35 -6- HF 2589 (2) 89 ns/tm/md 6/ 24
H.F. 2589 Sec. 19. CODE EDITOR DIRECTIVES. 1 1. If Senate File 496 is enacted during the 2022 session 2 of the Eighty-ninth General Assembly, the Code editor is 3 directed to transfer the Code sections as enacted by that Act 4 as follows: 5 a. Section 94.1 to section 94B.1. 6 b. Section 94.2 to section 94B.2. 7 2. The Code editor is directed to renumber section 331.301, 8 subsection 18, as enacted by 2022 Iowa Acts, House File 728, to 9 become section 331.301, subsection 21. 10 3. The Code editor shall correct internal references in the 11 Code and in any enacted legislation as necessary due to the 12 enactment of this section. 13 Sec. 20. EFFECTIVE DATE. The following, being deemed of 14 immediate importance, take effect upon enactment: 15 1. The section of this division of this Act amending section 16 124.204, subsection 2, paragraph “cl”. 17 2. The section of this division of this Act amending 2022 18 Iowa Acts, House File 2200, section 3. 19 3. The section of this division of this Act amending 2022 20 Iowa Acts, House File 2201, section 7. 21 Sec. 21. RETROACTIVE APPLICABILITY. The following apply 22 retroactively to May 2, 2022: 23 1. The section of this division of this Act amending section 24 124.204, subsection 2, paragraph “cl”. 25 2. The section of this division of this Act amending 2022 26 Iowa Acts, House File 2201, section 7. 27 Sec. 22. RETROACTIVE APPLICABILITY. The section of this 28 division of this Act amending 2022 Iowa Acts, House File 2200, 29 section 3, applies retroactively to May 12, 2022. 30 DIVISION III 31 OFFICE OF THE CHIEF INFORMATION OFFICER 32 Sec. 23. Section 8B.2, Code 2022, is amended to read as 33 follows: 34 8B.2 Office created established —— chief information officer 35 -7- HF 2589 (2) 89 ns/tm/md 7/ 24
H.F. 2589 appointed selected . 1 1. The office of the chief information officer is created 2 as an independent agency and is attached to the department of 3 administrative services for accounting and fiscal services. 4 The department of administrative services shall provide such 5 additional assistance and administrative support services to 6 the office as the department of administrative services and the 7 office determines maximizes the efficiency and effectiveness 8 of both the department and office established within the 9 department of management . 10 2. The chief information officer, who shall be the head 11 of the office, shall be appointed by the governor to serve at 12 the pleasure of the governor and is subject to confirmation by 13 the senate. If the office becomes vacant, the vacancy shall 14 be filled in the same manner as provided for the original 15 appointment selected by the director of the department of 16 management . The director of the department of management shall 17 set the salary of the chief information officer. 18 3. The person appointed selected as the chief information 19 officer for the state shall be professionally qualified by 20 education and have no less than five years’ experience in the 21 field of information technology, and a working knowledge of 22 financial management. The chief information officer shall 23 not be a member of any local, state, or national committee 24 of a political party, an officer or member of a committee in 25 any partisan political club or organization, or hold or be 26 a candidate for a paid elective public office. The chief 27 information officer is subject to the restrictions on political 28 activity provided in section 8A.416 . 29 Sec. 24. Section 8D.3, subsection 2, paragraph b, Code 2022, 30 is amended to read as follows: 31 b. The auditor of state or the auditor’s designee and 32 the chief information officer appointed selected pursuant to 33 section 8B.2 or the chief information officer’s designee shall 34 serve as nonvoting, ex officio members of the commission. 35 -8- HF 2589 (2) 89 ns/tm/md 8/ 24
H.F. 2589 Sec. 25. Section 11.5B, subsection 15, Code 2022, is amended 1 to read as follows: 2 15. Office of the chief information officer of the 3 department of management . 4 Sec. 26. 2008 Iowa Acts, chapter 1191, section 14, 5 subsection 7, as amended by 2010 Iowa Acts, chapter 1193, 6 section 26, is amended to read as follows: 7 7. The following are range 7 positions: administrator 8 of the public broadcasting division of the department of 9 education, director of the department of corrections, director 10 of the department of education, director of human services, 11 director of the department of economic development, executive 12 director of the Iowa telecommunications and technology 13 commission, executive director of the state board of regents, 14 director of transportation, director of the department of 15 workforce development, director of revenue, director of 16 public health, state court administrator, director of the 17 department of management, chief information officer, state debt 18 coordinator, and director of the department of administrative 19 services. 20 Sec. 27. EFFECTIVE DATE. This division of this Act, being 21 deemed of immediate importance, takes effect upon enactment. 22 Sec. 28. APPLICABILITY. This division of this Act, as it 23 relates to the salary of the chief information officer, applies 24 with the pay period beginning after the effective date of this 25 division of this Act, and subsequent pay periods. 26 DIVISION IV 27 CONDUCT OF ELECTIONS —— FUNDING 28 Sec. 29. NEW SECTION . 49.17 Conduct of elections —— 29 funding. 30 1. The state commissioner or a county commissioner or 31 political subdivision of the state shall only accept funding 32 from the following sources for the purposes of conducting an 33 election: 34 a. Lawful appropriations of public moneys from the 35 -9- HF 2589 (2) 89 ns/tm/md 9/ 24
H.F. 2589 government of the United States. 1 b. Lawful appropriations of public moneys from the state of 2 Iowa. 3 c. Lawful appropriations of public moneys from a political 4 subdivision of the state for the conduct of an election in the 5 political subdivision. 6 2. The state commissioner, a county commissioner, or a 7 political subdivision of the state shall not accept or expend 8 a grant, gift, or other source of funding from a source other 9 than those listed in subsection 1, including from a private 10 person, corporation, partnership, political party, nonparty 11 political organization, committee as defined in section 12 68A.102, or other organization for the purpose of conducting 13 an election. 14 3. This section does not prohibit the state commissioner or 15 a county commissioner or political subdivision from issuing and 16 collecting fees as otherwise provided by law. 17 4. This section does not apply to the contribution of a 18 building for use as a polling place pursuant to section 49.21. 19 Sec. 30. EFFECTIVE DATE. This division of this Act, being 20 deemed of immediate importance, takes effect upon enactment. 21 DIVISION V 22 DIRECT MASS MAILING 23 Sec. 31. Section 68A.405A, Code 2022, is amended by adding 24 the following new subsections: 25 NEW SUBSECTION . 3. For the purposes of this section, 26 “direct mass mailing” means a mailing, regardless of whether 27 the mailing was sent in response to a request or due to the 28 recipient’s enrollment in a program, that provides information 29 to the recipient about a person, policy, product, service, 30 program, initiative, law, legislation, event, or activity 31 promoted by the statewide elected official that is all of the 32 following: 33 a. Printed material delivered by the United States mail or 34 other delivery service. 35 -10- HF 2589 (2) 89 ns/tm/md 10/ 24
H.F. 2589 b. Sent to more than two hundred physical addresses. 1 c. Substantially similar or identical as regards each 2 mailing. 3 d. Sent at the same time or within a thirty-day period. 4 NEW SUBSECTION . 4. Notwithstanding subsection 3, a 5 mailing that is sent to any participant in a program or the 6 participant’s address within sixty days of an election in which 7 an office listed in section 39.9 is to appear on the ballot 8 shall be considered a direct mass mailing for the purposes 9 of subsection 1 if the purpose of the mailing is to provide 10 a participant with information relevant to the participant’s 11 existing account with a program sponsored and administered by 12 the statewide elected official who sent the mailing. 13 DIVISION VI 14 OPEN ENROLLMENT 15 Sec. 32. Section 256F.9, Code 2022, is amended to read as 16 follows: 17 256F.9 Procedures after revocation —— student enrollment. 18 If a charter school or innovation zone school contract is 19 revoked in accordance with this chapter , a nonresident student 20 who attended the school, and any siblings of the student , 21 shall be determined to have shown “good cause” as provided in 22 section 282.18, subsection 4 , paragraph “b” , and may submit an 23 application to another school district according to section 24 282.18 at any time . Applications and notices required by 25 section 282.18 shall be processed and provided in a prompt 26 manner. The application and notice deadlines in section 282.18 27 do not apply to a nonresident student application under these 28 circumstances. 29 Sec. 33. Section 282.18, subsection 2, paragraphs a and b, 30 Code 2022, are amended to read as follows: 31 a. By March 1 of the preceding school year for students 32 entering grades one through twelve, or by September 1 of the 33 current school year for students entering kindergarten or 34 for prekindergarten students enrolled in special education 35 -11- HF 2589 (2) 89 ns/tm/md 11/ 24
H.F. 2589 programs and included in the school district’s basic enrollment 1 under section 257.6, subsection 1 , paragraph “a” , subparagraph 2 (1), the A parent or guardian shall send notification to the 3 district of residence and the receiving district, on forms 4 prescribed by the department of education, that the parent or 5 guardian intends to enroll the parent’s or guardian’s child 6 in a public school in another school district. If a parent 7 or guardian fails to file a notification that the parent 8 intends to enroll the parent’s or guardian’s child in a public 9 school in another district by the deadline specified in this 10 subsection , the procedures of subsection 4 apply. 11 b. The board of the receiving district shall enroll the 12 pupil in a school in the receiving district for the following 13 school year unless the receiving district has insufficient 14 classroom space for the pupil. The board of directors 15 of a receiving district may adopt a policy granting the 16 superintendent of the school district authority to approve open 17 enrollment applications. If the request is granted, the board 18 shall transmit a copy of the form to the parent or guardian and 19 the school district of residence within five days after board 20 action , but not later than June 1 of the preceding school year . 21 The parent or guardian may withdraw the request at any time 22 prior to the start of the school year board’s action on the 23 application . A denial of a request by the board of a receiving 24 district is not subject to appeal. 25 Sec. 34. Section 282.18, subsection 3, paragraph a, Code 26 2022, is amended to read as follows: 27 a. The superintendent of a district subject to court-ordered 28 desegregation may deny a request for transfer under this 29 section if the superintendent finds that enrollment or release 30 of a pupil will adversely affect the district’s implementation 31 of the desegregation order, unless the transfer is requested 32 by a pupil whose sibling is already participating in open 33 enrollment to another district, or unless the request for 34 transfer is submitted to the district in a timely manner as 35 -12- HF 2589 (2) 89 ns/tm/md 12/ 24
H.F. 2589 required under subsection 2 prior to implementation of the 1 desegregation order by the district. If a transfer request 2 would facilitate implementation of a desegregation order, the 3 district shall give priority to granting the request over other 4 requests. 5 Sec. 35. Section 282.18, subsections 4, 5, and 15, Code 6 2022, are amended by striking the subsections. 7 Sec. 36. Section 282.18, subsection 6, Code 2022, is amended 8 to read as follows: 9 6. A request under this section is for a period of not less 10 than one year. If the request is for more than one year and 11 the parent or guardian desires to have the pupil enroll in a 12 different district, the parent or guardian may petition the 13 current receiving district by March 1 of the previous school 14 year for permission to enroll the pupil in a different district 15 for a period of not less than one year. Upon receipt of such a 16 request, the current receiving district board may act on the 17 request to transfer to the other school district at the next 18 regularly scheduled board meeting after the receipt of the 19 request. The new receiving district shall enroll the pupil 20 in the district unless there is insufficient classroom space 21 in the district or the district is subject to court-ordered 22 desegregation and enrollment of the pupil would adversely 23 affect implementation of the desegregation order. A denial of 24 a request to change district enrollment within the approved 25 period is not subject to appeal. However, a A pupil who has 26 been in attendance in another district under this section 27 may return to the district of residence and enroll at any 28 time, once the parent or guardian has notified the district of 29 residence and the receiving district in writing of the decision 30 to enroll the pupil in the district of residence. 31 Sec. 37. Section 282.18, subsection 7, Code 2022, is amended 32 by adding the following new paragraph: 33 NEW PARAGRAPH . c. If a pupil participating in open 34 enrollment attends school in the receiving district for less 35 -13- HF 2589 (2) 89 ns/tm/md 13/ 24
H.F. 2589 than a full school year, payment from the district of residence 1 to the receiving district shall be prorated on a per diem 2 basis. 3 Sec. 38. Section 282.18, subsection 11, paragraph a, 4 subparagraph (8), Code 2022, is amended to read as follows: 5 (8) If the pupil participates in open enrollment because 6 of circumstances that meet the definition of good cause under 7 subsection 4 , paragraph “b” . For purposes of this subparagraph, 8 “good cause” means a change in a child’s residence due to a 9 change in family residence, a change in a child’s residence 10 from the residence of one parent or guardian to the residence 11 of different parent or guardian, a change in the state in 12 which the family residence is located, a change in a child’s 13 parents’ marital status, a guardianship or custody proceeding, 14 placement in foster care, adoption, participation in a foreign 15 exchange program, initial placement of a prekindergarten 16 student in a special education program requiring specially 17 designed instruction, or participation in a substance abuse 18 or mental health treatment program, a change in the status of 19 a child’s resident district such as removal of accreditation 20 by the state board, surrender of accreditation, or permanent 21 closure of a nonpublic school, revocation of a charter school 22 contract as provided in section 256E.10 or 256F.8, the failure 23 of negotiations for a whole grade sharing, reorganization, 24 dissolution agreement, or the rejection of a current whole 25 grade sharing agreement, or reorganization plan. 26 Sec. 39. Section 290.1, Code 2022, is amended to read as 27 follows: 28 290.1 Appeal to state board. 29 An affected pupil, or the parent or guardian of an affected 30 pupil who is a minor, who is aggrieved by a decision or order 31 of the board of directors of a school corporation in a matter 32 of law or fact , or a decision or order of a board of directors 33 under section 282.18, subsection 5 , may, within thirty days 34 after the rendition of the decision or the making of the order, 35 -14- HF 2589 (2) 89 ns/tm/md 14/ 24
H.F. 2589 appeal the decision or order to the state board of education; 1 the basis of the proceedings shall be an affidavit filed with 2 the state board by the party aggrieved within the time for 3 taking the appeal, which affidavit shall set forth any error 4 complained of in a plain and concise manner. 5 Sec. 40. EMERGENCY RULES. The department of education may 6 adopt emergency rules under section 17A.4, subsection 3, and 7 section 17A.5, subsection 2, paragraph “b”, to implement the 8 provisions of this division of this Act and the rules shall 9 be effective immediately upon filing unless a later date is 10 specified in the rules. Any rules adopted in accordance with 11 this section shall also be published as a notice of intended 12 action as provided in section 17A.4. 13 Sec. 41. EFFECTIVE DATE. This division of this Act, being 14 deemed of immediate importance, takes effect upon enactment. 15 DIVISION VII 16 SHARED OPERATIONAL FUNCTIONS 17 Sec. 42. Section 257.11, subsection 5, paragraph a, Code 18 2022, is amended to read as follows: 19 a. (1) In order to provide additional funding to increase 20 student opportunities and redirect more resources to student 21 programming for school districts that share operational 22 functions, a district that shares with a political subdivision 23 one or more operational functions of a curriculum director, 24 master social worker, independent social worker, work-based 25 learning coordinator, special education director, mental 26 health professional who holds a statement of recognition 27 issued by the board of educational examiners, college 28 and career transition counselor or coordinator, or school 29 counselor, or one or more operational functions in the areas 30 of superintendent management, business management, human 31 resources, transportation, or operation and maintenance for at 32 least twenty percent of the school year shall be assigned a 33 supplementary weighting for each shared operational function. 34 A school district that shares an operational function in 35 -15- HF 2589 (2) 89 ns/tm/md 15/ 24
H.F. 2589 the area of superintendent management shall be assigned a 1 supplementary weighting of eight pupils for the function. A 2 school district that shares an operational function in the area 3 of business management, human resources, transportation, or 4 operation and maintenance shall be assigned a supplementary 5 weighting of five pupils for the function. A school district 6 that shares the operational functions of a curriculum director; 7 a master social worker or an independent social worker 8 licensed under chapters 147 and 154C ; a work-based learning 9 coordinator; a special education director; a mental health 10 professional who holds a statement of recognition issued by 11 the board of educational examiners; a college and career 12 transition counselor or coordinator; or a school counselor 13 shall be assigned a supplementary weighting of three pupils 14 for the function. The additional weighting shall be assigned 15 for each discrete operational function shared. However, a 16 school district may receive the additional weighting under this 17 subsection for sharing the services of an individual with a 18 political subdivision even if the type of operational function 19 performed by the individual for the school district and the 20 type of operational function performed by the individual 21 for the political subdivision are not the same operational 22 function, so long as both operational functions are eligible 23 for weighting under this subsection . In such case, the school 24 district shall be assigned the additional weighting for the 25 type of operational function that the individual performs for 26 the school district, and the school district shall not receive 27 additional weighting for any other function performed by the 28 individual. The operational function sharing arrangement does 29 not need to be a newly implemented sharing arrangement to 30 receive supplementary weighting under this subsection . 31 (2) For the purposes of this paragraph “a” : 32 (a) “College and career transition counselor or coordinator” 33 means a licensed school counselor or an appropriately trained 34 individual responsible for providing direct services to 35 -16- HF 2589 (2) 89 ns/tm/md 16/ 24
H.F. 2589 students, parents, families, schools, and postsecondary 1 institutions to support college preparation and postsecondary 2 success, such as college preparation, financial aid processing, 3 and transition to postsecondary institution enrollment. 4 (a) (b) “Political subdivision” means a city, township, 5 county, school corporation, merged area, area education agency, 6 institution governed by the state board of regents, or any 7 other governmental subdivision. 8 (b) (c) “Work-based learning coordinator” means an 9 appropriately trained individual responsible for facilitating 10 authentic, engaging work-based learning experiences for 11 learners and educators in partnership with employers and others 12 to enhance learning by connecting the content and skills that 13 are necessary for future careers. 14 DIVISION VIII 15 DELINQUENT ACT —— POSSESSION OF DANGEROUS WEAPONS OR FIREARMS 16 BY MINORS 17 Sec. 43. Section 232.2, subsection 12, Code 2022, is amended 18 by adding the following new paragraph: 19 NEW PARAGRAPH . e. The violation of section 724.4E which is 20 committed by a child. 21 Sec. 44. EFFECTIVE DATE. This division of this Act, being 22 deemed of immediate importance, takes effect upon enactment. 23 DIVISION IX 24 ASSAULT —— NATIONAL GUARD MEMBERS 25 Sec. 45. Section 708.3A, subsections 1, 2, 3, and 4, Code 26 2022, are amended to read as follows: 27 1. A person who commits an assault, as defined in section 28 708.1 , against a peace officer, jailer, correctional staff, 29 member or employee of the board of parole, health care 30 provider, employee of the department of human services, 31 employee of the department of revenue, national guard member 32 engaged in national guard duty or state active duty, civilian 33 employee of a law enforcement agency, civilian employee of a 34 fire department, or fire fighter, whether paid or volunteer, 35 -17- HF 2589 (2) 89 ns/tm/md 17/ 24
H.F. 2589 with the knowledge that the person against whom the assault 1 is committed is a peace officer, jailer, correctional staff, 2 member or employee of the board of parole, health care 3 provider, employee of the department of human services, 4 employee of the department of revenue, national guard member 5 engaged in national guard duty or state active duty, civilian 6 employee of a law enforcement agency, civilian employee of a 7 fire department, or fire fighter and with the intent to inflict 8 a serious injury upon the peace officer, jailer, correctional 9 staff, member or employee of the board of parole, health 10 care provider, employee of the department of human services, 11 employee of the department of revenue, national guard member 12 engaged in national guard duty or state active duty, civilian 13 employee of a law enforcement agency, civilian employee of a 14 fire department, or fire fighter, is guilty of a class “D” 15 felony. 16 2. A person who commits an assault, as defined in section 17 708.1 , against a peace officer, jailer, correctional staff, 18 member or employee of the board of parole, health care 19 provider, employee of the department of human services, 20 employee of the department of revenue, national guard member 21 engaged in national guard duty or state active duty, civilian 22 employee of a law enforcement agency, civilian employee of a 23 fire department, or fire fighter, whether paid or volunteer, 24 who knows that the person against whom the assault is committed 25 is a peace officer, jailer, correctional staff, member or 26 employee of the board of parole, health care provider, employee 27 of the department of human services, employee of the department 28 of revenue, national guard member engaged in national guard 29 duty or state active duty, civilian employee of a law 30 enforcement agency, civilian employee of a fire department, or 31 fire fighter and who uses or displays a dangerous weapon in 32 connection with the assault, is guilty of a class “D” felony. 33 3. A person who commits an assault, as defined in section 34 708.1 , against a peace officer, jailer, correctional staff, 35 -18- HF 2589 (2) 89 ns/tm/md 18/ 24
H.F. 2589 member or employee of the board of parole, health care 1 provider, employee of the department of human services, 2 employee of the department of revenue, national guard member 3 engaged in national guard duty or state active duty, civilian 4 employee of a law enforcement agency, civilian employee of a 5 fire department, or fire fighter, whether paid or volunteer, 6 who knows that the person against whom the assault is committed 7 is a peace officer, jailer, correctional staff, member or 8 employee of the board of parole, health care provider, employee 9 of the department of human services, employee of the department 10 of revenue, national guard member engaged in national guard 11 duty or state active duty, civilian employee of a law 12 enforcement agency, civilian employee of a fire department, or 13 fire fighter, and who causes bodily injury or mental illness, 14 is guilty of an aggravated misdemeanor. 15 4. Any other assault, as defined in section 708.1 , committed 16 against a peace officer, jailer, correctional staff, member or 17 employee of the board of parole, health care provider, employee 18 of the department of human services, employee of the department 19 of revenue, national guard member engaged in national guard 20 duty or state active duty, civilian employee of a law 21 enforcement agency, civilian employee of a fire department, 22 or fire fighter, whether paid or volunteer, by a person who 23 knows that the person against whom the assault is committed is 24 a peace officer, jailer, correctional staff, member or employee 25 of the board of parole, health care provider, employee of the 26 department of human services, employee of the department of 27 revenue, national guard member engaged in national guard duty 28 or state active duty, civilian employee of a law enforcement 29 agency, civilian employee of a fire department, or fire 30 fighter, is a serious misdemeanor. 31 Sec. 46. Section 708.3A, subsection 5, Code 2022, is amended 32 by adding the following new paragraphs: 33 NEW PARAGRAPH . f. “National guard” means the same as 34 defined in section 29A.1. 35 -19- HF 2589 (2) 89 ns/tm/md 19/ 24
H.F. 2589 NEW PARAGRAPH . g. “National guard duty” means the same as 1 defined in section 29A.1. 2 NEW PARAGRAPH . h. “State active duty” means the same as 3 defined in section 29A.1. 4 DIVISION X 5 DEPENDENT ADULT ABUSE RESULTING IN DEATH 6 Sec. 47. Section 726.26, if enacted by 2022 Iowa Acts, 7 Senate File 522, section 6, is amended by adding the following 8 new subsection: 9 NEW SUBSECTION . 2A. A caretaker who intentionally or 10 recklessly commits dependent adult abuse is guilty of murder 11 in the second degree in violation of section 707.3 if the 12 intentional or reckless dependent adult abuse results in the 13 death of the dependent adult. 14 DIVISION XI 15 HEALTH CARE PROVIDER REFERRAL TO AMBULATORY SURGICAL CENTER 16 Sec. 48. NEW SECTION . 147.163 Provision of information —— 17 referral to ambulatory surgical center —— licensee discipline. 18 1. A health care provider who determines that a patient is a 19 candidate for outpatient surgery based on the patient’s medical 20 status and surgical service needs, and refers the patient to 21 an ambulatory surgical center as an option for the surgery, 22 shall provide the patient with a written document listing the 23 factors the patient should consider to make a fully informed 24 decision about the patient’s recommended course of care. The 25 considerations shall include all of the following: 26 a. The differences in ownership; licensure, certification, 27 or accreditation; and payment alternatives between the 28 ambulatory surgical center and a hospital. 29 b. The types of medical personnel generally involved in the 30 patient’s surgical service and the capacity of the ambulatory 31 surgical center and a hospital to comply with the personnel 32 requirements. 33 c. The capacity of the ambulatory surgical center and a 34 hospital to respond to medical complications and emergencies 35 -20- HF 2589 (2) 89 ns/tm/md 20/ 24
H.F. 2589 that may arise from the surgical service. 1 d. The proximity of the ambulatory surgical center to a 2 hospital and the protocols in place for transfer of a patient 3 from the ambulatory surgical center to the hospital for 4 emergency care. 5 e. The type of anesthesia generally used for the patient’s 6 surgical service and the capacity of the ambulatory surgical 7 center and a hospital to comply with requirements relative to 8 the use of anesthesia. 9 2. For the purposes of this section: 10 a. “Ambulatory surgical center” means a distinct facility 11 that operates exclusively for the purpose of providing surgical 12 services to patients not requiring hospitalization and in which 13 the expected duration of services does not exceed twenty-four 14 hours following an admission. “Ambulatory surgical center” 15 includes a facility that otherwise meets the definition of 16 ambulatory surgical center whether or not licensed, certified, 17 or accredited as an ambulatory surgical center and which may 18 or may not operate on a partially cash-only or completely 19 cash-only basis. “Ambulatory surgical center” does not include 20 individual or group practice offices of private physicians 21 or podiatrists that do not contain a distinct area used for 22 outpatient surgical treatment on a regular basis, or that 23 only provide surgery routinely provided in a physician’s 24 or podiatrist’s office using local anesthesia or conscious 25 sedation; individual or group practice offices of private 26 dentists; or a portion of a licensed hospital designated for 27 outpatient surgical treatment. 28 b. “Health care provider” means a person who is licensed, 29 certified, or otherwise authorized or permitted by the laws of 30 this state to administer health care in the ordinary course of 31 business or in the practice of a profession. 32 c. “Hospital” means the same as defined in section 135B.1. 33 3. A health care provider who violates this section is 34 subject to licensee discipline by the appropriate licensing or 35 -21- HF 2589 (2) 89 ns/tm/md 21/ 24
H.F. 2589 disciplinary authority. 1 DIVISION XII 2 HEALTH CARE EMPLOYMENT AGENCIES 3 Sec. 49. RETROACTIVE APPLICABILITY. 2022 Iowa Acts, House 4 File 2521, applies retroactively to any contract between a 5 health care employment agency and an agency worker or health 6 care entity referred to under section 135Q.2, subsection 3, as 7 enacted by 2022 Iowa Acts, House File 2521, that was entered 8 into or executed on or after January 1, 2019. 9 DIVISION XIII 10 PHYSICAL EXAMINATIONS BY LICENSED PHYSICIANS 11 Sec. 50. Section 237A.12, Code 2022, is amended by adding 12 the following new subsection: 13 NEW SUBSECTION . 6. Rules adopted relating to physical 14 examination requirements for licensed or registered facility 15 personnel and the children being provided child care by the 16 licensed or registered facility shall allow for any licensed 17 physician as defined in section 135.1 to perform the physical 18 examination. 19 DIVISION XIIV 20 BEVERAGE CONTAINERS CONTROL 21 Sec. 51. Section 455C.2, subsection 2, paragraph b, if 22 enacted by 2022 Iowa Acts, Senate File 2378, section 4, is 23 amended to read as follows: 24 b. A distributor who pays a handling fee for beverage 25 containers a beverage container that was sold for consumption 26 off the premises and that used to contain beer, including 27 high-alcoholic content beer, may claim a refund of the barrel 28 tax established in section 123.136 paid by the distributor 29 in the amount of one cent for each such beverage container 30 accepted by the distributor . The department of revenue shall 31 prescribe forms for a distributor to use to claim a refund 32 under this paragraph. Identifying information collected by the 33 department of revenue pursuant to this paragraph that can be 34 used to identify a specific distributor shall be considered 35 -22- HF 2589 (2) 89 ns/tm/md 22/ 24
H.F. 2589 confidential information pursuant to section 22.7, subsection 1 75. 2 Sec. 52. EFFECTIVE DATE. This division of this Act takes 3 effect January 1, 2023. 4 DIVISION XV 5 FUNERAL SERVICES —— CORRECTION 6 Sec. 53. Section 523A.505, subsection 1, as enacted by 2022 7 Iowa Acts, House File 2155, section 4, is amended to read as 8 follows: 9 1. A sales agent, and any person who owns at least five 10 percent of a preneed seller business, shall have an ongoing 11 duty to disclose to the commissioner all felony crimes and 12 those misdemeanor-level crimes involving dishonesty or false 13 statement for which the sales agent or person has been found 14 guilty, or for which the sales agent or person has pled 15 guilty or no contest. Such disclosure shall be made to the 16 commissioner within thirty calendar days of the date that 17 the sales agent or person has been found guilty by a court 18 of competent jurisdiction, or of the date the sales agent or 19 person pleads not guilty or no contest. 20 DIVISION XVI 21 COUNTY JURISDICTION —— CEMETERIES 22 Sec. 54. Section 331.325, subsection 3, Code 2022, is 23 amended by adding the following new paragraph: 24 NEW PARAGRAPH . d. A cemetery that does not otherwise 25 qualify to be under the jurisdiction and control of a county 26 board of supervisors or county cemetery commission may 27 designate a portion of the cemetery as a pioneer section if at 28 least fifty percent of the burials in that portion occurred 29 at least one hundred years prior to the designation. Upon 30 approval by the cemetery, the county board of supervisors, and 31 the county cemetery commission, the county cemetery commission 32 may use its resources to restore and maintain the pioneer 33 section of the cemetery as though that section was a pioneer 34 cemetery. However, a cemetery with a designated pioneer 35 -23- HF 2589 (2) 89 ns/tm/md 23/ 24
H.F. 2589 section and the pioneer section itself shall not be considered 1 a pioneer cemetery. 2 Sec. 55. NEW SECTION . 523I.403 Pioneer section —— 3 management by county cemetery commission. 4 A cemetery may designate a portion of the cemetery as a 5 pioneer section to be restored and maintained by the county 6 cemetery commission as provided in section 331.325, subsection 7 3, paragraph “d” . 8 DIVISION XVII 9 HOME-BASED BUSINESSES 10 Sec. 56. Section 137D.1, subsection 4, unnumbered paragraph 11 1, Code 2022, as amended by 2022 Iowa Acts, House File 2431, 12 section 2, if enacted, is amended to read as follows: 13 “Homemade food item” means a food that is produced and, if 14 packaged, packaged at a home food processing establishment. 15 “Homemade food item” includes food that is not time/temperature 16 control for safety food, but does not include such food if 17 produced and sold under section 137F.20. “Homemade food item” 18 does not include unpasteurized fruit or vegetable juice, raw 19 sprout seeds, foods containing game animals, fish or shellfish, 20 alcoholic beverages, bottled water, packaged ice, consumable 21 hemp products, food that will be further processed by a food 22 processing plant, time/temperature control for safety food 23 packaged using a reduced oxygen packaging method, milk or milk 24 products regulated under chapter 192 or 194 , and meat, meat 25 food products, poultry, or poultry products regulated under 26 chapter 189A, except for any of the following products when 27 sold directly to the end consumer: 28 Sec. 57. Section 137F.1, subsection 2A, paragraph a, if 29 enacted by 2022 Iowa Acts, House File 2431, section 8, is 30 amended to read as follows: 31 a. Milk or milk products regulated under chapter 192 or 194 . 32 -24- HF 2589 (2) 89 ns/tm/md 24/ 24