House
File
2686
-
Reprinted
HOUSE
FILE
2686
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
2550)
(SUCCESSOR
TO
HSB
664)
(As
Amended
and
Passed
by
the
House
April
9,
2024
)
A
BILL
FOR
An
Act
relating
to
the
organization,
structure,
and
functions
1
of
state
and
local
governments,
providing
for
salaries
2
of
certain
state
officers,
making
statutory
corrections,
3
resolving
inconsistencies,
removing
ambiguities,
and
4
including
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
HF
2686
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md/ns/md
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2686
DIVISION
I
1
NATURAL
RESOURCES
2
Section
1.
Section
233A.15,
Code
2024,
is
amended
to
read
3
as
follows:
4
233A.15
Transfers
Assignments
to
work
in
parks.
5
1.
The
director
may
assign
children
from
the
state
training
6
school
deemed
trustworthy,
to
perform
services
for
the
7
department
of
natural
resources
within
the
state
parks,
state
8
game
and
forest
areas,
and
other
lands
under
the
jurisdiction
9
of
the
department
of
natural
resources.
The
department
of
10
natural
resources
shall
provide
permanent
housing
and
work
11
guidance
supervision,
but
the
care
and
custody
of
the
children
12
assigned
shall
remain
with
the
department.
All
programs
shall
13
have
as
their
primary
purpose
and
shall
provide
for
inculcation
14
or
the
activation
of
attitudes,
skills,
and
habit
patterns
15
which
will
be
conducive
to
the
habilitation
of
the
children
16
involved.
17
2.
The
director
may
use
state-owned
mobile
housing
18
equipment
and
facilities
in
performing
services
at
temporary
19
locations
in
the
areas
described
in
subsection
1
.
20
DIVISION
II
21
DEPARTMENT
OF
INSPECTIONS,
APPEALS,
AND
LICENSING
22
Sec.
2.
Section
10A.309,
Code
2024,
is
amended
to
read
as
23
follows:
24
10A.309
Interest
in
affected
business.
25
It
shall
be
unlawful
for
the
The
commissioner
to
shall
not
26
be
financially
interested
in
any
business
enterprise
coming
27
under
or
affected
by
this
subchapter
during
the
commissioner’s
28
term
of
while
in
office,
and
if
the
commissioner
violates
29
this
statute,
it
shall
be
sufficient
grounds
for
removal
from
30
office,
and
in
such
case
the
governor
shall
at
once
declare
the
31
office
vacant
and
appoint
another
to
fill
the
vacancy.
32
Sec.
3.
Section
10A.310,
subsection
2,
Code
2024,
is
amended
33
to
read
as
follows:
34
2.
Subject
to
the
approval
of
the
director
of
the
department
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of
workforce
development
,
the
commissioner
may
enter
into
1
contracts
with
any
state
agency,
with
or
without
reimbursement,
2
for
the
purpose
of
obtaining
the
services,
facilities,
and
3
personnel
of
the
agency
and
with
the
consent
of
any
state
4
agency
or
political
subdivision
of
the
state,
accept
and
use
5
the
services,
facilities,
and
personnel
of
the
agency
or
6
political
subdivision,
and
employ
experts
and
consultants
or
7
organizations
in
order
to
expeditiously,
efficiently,
and
8
economically
effectuate
the
purposes
of
this
chapter
.
The
9
agreements
under
this
subsection
are
subject
to
approval
by
the
10
executive
council
if
approval
is
required
by
law.
11
Sec.
4.
Section
10A.504,
subsection
1,
unnumbered
paragraph
12
1,
Code
2024,
is
amended
to
read
as
follows:
13
The
director
shall
appoint
and
supervise
a
full-time
an
14
executive
director
for
each
of
the
following
boards:
15
Sec.
5.
Section
10A.507,
subsection
2,
Code
2024,
is
amended
16
to
read
as
follows:
17
2.
The
fund
shall
consist
of
moneys
and
fees
collected
by
18
the
department
for
deposit
in
the
fund
and
other
moneys
as
19
provided
by
law
.
20
Sec.
6.
Section
91C.4,
Code
2024,
is
amended
to
read
as
21
follows:
22
91C.4
Fees.
23
The
director
shall
prescribe
the
fee
for
registration,
24
which
fee
shall
not
exceed
fifty
dollars
every
per
year.
All
25
fees
collected
under
this
chapter
shall
be
deposited
in
the
26
licensing
and
regulation
fund
created
in
section
10A.507.
27
Sec.
7.
Section
135C.9,
subsection
1,
paragraph
b,
Code
28
2024,
is
amended
to
read
as
follows:
29
b.
The
facility
has
been
inspected
by
the
director
,
who
may
30
be
a
member
of
a
municipal
fire
department,
or
the
director’s
31
designee
and
the
department
has
received
either
a
certificate
32
of
compliance
or
a
provisional
certificate
of
compliance
by
33
the
facility
with
the
fire
hazard
and
fire
safety
rules
and
34
standards
of
the
department
as
promulgated
by
the
director
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and,
where
applicable,
the
fire
safety
standards
required
for
1
participation
in
programs
authorized
by
either
Tit.
XVIII
or
2
Tit.
XIX
of
the
United
States
Social
Security
Act,
codified
at
3
42
U.S.C.
§1395
–
1395ll
and
1396
–
1396g.
The
certificate
or
4
provisional
certificate
shall
be
signed
by
the
director
or
the
5
director’s
designee
who
made
the
inspection.
If
the
director
6
or
director’s
designee
finds
a
deficiency
upon
inspection,
the
7
notice
to
the
facility
shall
be
provided
in
a
timely
manner
8
and
shall
specifically
describe
the
nature
of
the
deficiency,
9
identifying
the
Code
section
or
subsection
provision
or
the
10
rule
or
standard
violated.
The
notice
shall
also
specify
the
11
time
allowed
for
correction
of
the
deficiency,
at
the
end
of
12
which
time
the
director
or
director’s
designee
shall
perform
13
a
follow-up
inspection.
14
Sec.
8.
Section
147.80,
Code
2024,
is
amended
to
read
as
15
follows:
16
147.80
Establishment
of
fees
——
administrative
costs.
17
1.
Each
board
,
following
approval
by
the
department,
may
,
or
18
at
the
direction
of
the
department,
shall
by
rule
establish
or
19
revise
fees
for
the
following
based
on
the
costs
of
sustaining
20
the
board
and
the
actual
costs
of
the
service
:
21
a.
Examinations.
22
b.
Licensure,
certification,
or
registration.
23
c.
Renewal
of
licensure,
certification,
or
registration.
24
d.
Renewal
of
licensure,
certification,
or
registration
25
during
the
grace
period.
26
e.
Reinstatement
or
reactivation
of
licensure,
27
certification,
or
registration.
28
f.
Issuance
of
a
certified
statement
that
a
person
is
29
licensed,
registered,
or
has
been
issued
a
certificate
to
30
practice
in
this
state.
31
g.
Issuance
of
a
duplicate
license,
registration,
or
32
certificate,
which
shall
be
so
designated
on
its
face.
A
board
33
may
require
satisfactory
proof
that
the
original
license,
34
registration,
or
certificate
issued
by
the
board
has
been
lost
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or
destroyed.
1
h.
Issuance
of
a
renewal
card.
2
i.
Verification
of
licensure,
registration,
or
3
certification.
4
j.
Returned
checks.
5
k.
Inspections.
6
2.
Each
board
The
department
shall
annually
prepare
7
estimates
of
projected
revenues
to
be
generated
by
the
all
8
fees
received
by
the
board
collected
as
well
as
a
projection
9
of
the
fairly
apportioned
aggregate
administrative
costs
and
10
rental
expenses
attributable
to
the
board
all
boards
and
the
11
division
of
the
department
responsible
for
licensing
related
to
12
such
boards
.
Each
board
The
department
shall
annually
review
13
and
,
if
necessary,
direct
the
boards
to
adjust
its
the
schedule
14
of
fees
to
cover
aggregate
projected
expenses
and
ensure
fees
15
imposed
in
this
state
are
not
greater
than
similar
fees
imposed
16
by
similar
boards
or
agencies
in
other
states
.
The
department
17
shall
annually
provide
to
each
appropriate
board
a
comparison
18
of
the
amount
of
the
board’s
fees
as
compared
to
similar
fees
19
imposed
by
similar
boards
or
agencies
in
other
states.
20
3.
a.
The
board
of
medicine,
the
board
of
pharmacy,
the
21
dental
board,
and
the
board
of
nursing
shall
retain
individual
22
an
executive
officers
director
pursuant
to
section
10A.504
,
but
23
to
the
extent
possible
shall
share
administrative,
clerical,
24
and
investigative
staff
.
25
b.
An
individual
executive
director
may
be
appointed
and
26
serve
as
the
executive
director
of
one
or
more
of
the
boards
27
specified
under
paragraph
“a”
.
28
Sec.
9.
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
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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.
10.
Section
153.33B,
unnumbered
paragraph
1,
Code
4
2024,
is
amended
to
read
as
follows:
5
A
full-time
An
executive
director
shall
be
appointed
as
6
provided
under
section
10A.504
.
The
executive
director
shall
7
not
be
a
member
of
the
board.
The
duties
of
the
executive
8
director
shall
be
the
following:
9
Sec.
11.
Section
231B.4,
Code
2024,
is
amended
to
read
as
10
follows:
11
231B.4
Zoning
——
fire
and
safety
standards.
12
An
elder
group
home
shall
be
located
in
an
area
zoned
13
for
single-family
or
multiple-family
housing
or
in
an
14
unincorporated
area
and
shall
be
constructed
in
compliance
with
15
applicable
local
housing
codes
and
the
rules
adopted
for
the
16
special
classification
by
the
department.
In
the
absence
of
17
local
building
codes,
the
facility
shall
comply
with
the
state
18
plumbing
code
established
pursuant
to
section
135.11
105.4
and
19
the
state
building
code
established
pursuant
to
section
103A.7
20
and
the
rules
adopted
for
the
special
classification
by
the
21
department.
The
rules
adopted
for
the
special
classification
22
by
the
department
regarding
second
floor
occupancy
shall
take
23
into
consideration
the
mobility
of
the
tenants.
24
Sec.
12.
Section
272C.1,
subsection
6,
Code
2024,
is
amended
25
by
adding
the
following
new
paragraph:
26
NEW
PARAGRAPH
.
ag.
The
real
estate
appraiser
examining
27
board,
created
pursuant
to
chapter
543D.
28
Sec.
13.
Section
272C.2,
subsection
2,
Code
2024,
is
amended
29
by
adding
the
following
new
paragraph:
30
NEW
PARAGRAPH
.
h.
Allow
a
licensee
to
apply
continuing
31
education
credit
obtained
in
excess
of
the
requirements
for
a
32
renewal
period
to
the
continuing
education
requirements
for
33
the
following
renewal
period
in
an
amount
not
to
exceed
fifty
34
percent
of
the
continuing
education
credits
required
for
a
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renewal
period.
A
licensing
board
may
adopt
rules
specifying
1
types
of
continuing
education
credits
earned
in
a
renewal
2
period
that
cannot
be
applied
to
the
continuing
education
3
requirements
for
the
following
renewal
period.
4
Sec.
14.
REPEAL.
Section
91C.9,
Code
2024,
is
repealed.
5
Sec.
15.
TRANSFER.
Moneys
remaining
in
the
contractor
6
registration
revolving
fund
at
the
end
of
the
fiscal
year
7
beginning
July
1,
2023,
shall
be
transferred
to
the
licensing
8
and
regulation
fund
created
in
section
10A.507.
9
DIVISION
III
10
DEPARTMENT
OF
TRANSPORTATION
11
Sec.
16.
Section
321.383,
subsections
1
and
2,
Code
2024,
12
are
amended
to
read
as
follows:
13
1.
This
chapter
with
respect
to
equipment
on
vehicles
does
14
not
apply
to
implements
of
husbandry,
road
machinery,
or
bulk
15
spreaders
and
other
fertilizer
and
chemical
equipment
defined
16
as
special
mobile
equipment,
except
as
made
applicable
in
this
17
section
.
However,
the
movement
of
implements
of
husbandry
on
a
18
roadway
is
subject
to
safety
rules
adopted
by
the
department
of
19
public
safety
.
The
safety
rules
shall
prohibit
the
movement
20
of
any
power
unit
towing
more
than
one
implement
of
husbandry,
21
except
implements
of
husbandry
that
are
not
self-propelled
and
22
are
capable
of
being
towed
in
tandem,
from
the
manufacturer
23
to
the
retail
seller,
from
the
retail
seller
to
the
farm
24
purchaser,
or
from
the
manufacturer
to
the
farm
purchaser.
25
2.
When
operated
on
a
highway
in
this
state
at
a
speed
26
of
thirty-five
miles
per
hour
or
less,
every
farm
tractor,
27
or
tractor
with
towed
equipment,
self-propelled
implement
of
28
husbandry,
road
construction
or
maintenance
vehicle,
road
29
grader,
horse-drawn
vehicle,
or
any
other
vehicle
principally
30
designed
for
use
off
the
highway
and
any
such
tractor,
31
implement,
vehicle,
or
grader
when
manufactured
for
sale
or
32
sold
at
retail
after
December
31,
1971,
shall
be
identified
33
with
a
reflective
device
in
accordance
with
the
standards
of
34
the
American
society
of
agricultural
engineers;
however,
this
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provision
shall
not
apply
to
such
vehicles
when
traveling
in
1
an
escorted
parade.
If
a
person
operating
a
vehicle
drawn
2
by
a
horse
or
mule
objects
to
using
a
reflective
device
3
that
complies
with
the
standards
of
the
American
society
of
4
agricultural
engineers
for
religious
reasons,
the
vehicle
may
5
be
identified
by
an
alternative
reflective
device
that
is
in
6
compliance
with
rules
adopted
by
the
department
of
public
7
safety
.
The
reflective
device
or
alternative
reflective
device
8
shall
be
visible
from
the
rear.
A
vehicle
other
than
those
9
specified
in
this
section
shall
not
display
a
reflective
device
10
or
an
alternative
reflective
device.
On
vehicles
operating
at
11
speeds
above
thirty-five
miles
per
hour,
the
reflective
device
12
or
alternative
reflective
device
shall
be
removed
or
hidden
13
from
view.
14
Sec.
17.
Section
307.12,
subsection
1,
paragraph
f,
Code
15
2024,
is
amended
to
read
as
follows:
16
f.
Present
the
department’s
proposed
budget
to
the
17
commission
prior
to
December
March
31
of
each
immediately
18
preceding
the
applicable
fiscal
year.
19
Sec.
18.
Section
307.12,
subsection
1,
Code
2024,
is
amended
20
by
adding
the
following
new
paragraph:
21
NEW
PARAGRAPH
.
0l.
Establish
divisions
within
the
22
department
as
necessary
or
desirable
in
addition
to
any
23
departmental
division
required
or
established
by
law.
24
Sec.
19.
Section
307.12,
subsection
2,
Code
2024,
is
amended
25
to
read
as
follows:
26
2.
If
in
the
interest
of
the
state,
the
director
may
allow
27
a
subsistence
expense
to
an
employee
under
the
supervision
28
of
the
department’s
administrator
responsible
for
highway
29
programs
and
activities
for
continuous
stay
in
one
location
30
while
on
duty
away
from
established
headquarters
and
place
31
of
domicile
for
a
period
not
to
exceed
forty-five
days;
and
32
allow
automobile
expenses
in
accordance
with
section
8A.363
,
33
for
moving
an
employee
and
the
employee’s
family
from
place
of
34
present
domicile
to
new
domicile,
and
actual
transportation
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expense
for
moving
of
household
goods.
The
household
goods
for
1
which
transportation
expense
is
allowed
shall
not
include
pets
2
or
animals.
3
Sec.
20.
Section
307.21,
subsection
1,
Code
2024,
is
amended
4
to
read
as
follows:
5
1.
The
department’s
administrator
responsible
for
the
6
operations
and
finances
of
the
department
shall:
7
a.
Provide
for
the
proper
maintenance
and
protection
of
8
the
grounds,
buildings,
and
equipment
of
the
department,
in
9
cooperation
with
the
department
of
administrative
services.
10
b.
Establish,
supervise,
and
maintain
a
system
of
11
centralized
electronic
data
processing
for
the
department,
in
12
cooperation
with
the
department
of
administrative
services
13
management
.
14
c.
Assist
the
director
in
preparing
Prepare
the
departmental
15
budget.
16
d.
Provide
centralized
purchasing
services
for
the
17
department,
if
authorized
by
the
department
of
administrative
18
services.
The
administrator
department
shall,
when
the
price
19
is
reasonably
competitive
and
the
quality
as
intended,
purchase
20
soybean-based
inks
and
plastic
products
with
recycled
content,
21
including
but
not
limited
to
plastic
garbage
can
liners,
and
22
shall
purchase
these
items
in
accordance
with
the
schedule
23
established
in
section
8A.315
.
However,
the
administrator
24
department
need
not
purchase
garbage
can
liners
in
accordance
25
with
the
schedule
if
the
liners
are
utilized
by
a
facility
26
approved
by
the
environmental
protection
commission
created
27
under
section
455A.6
,
for
purposes
of
recycling.
For
purposes
28
of
this
section
,
“recycled
content”
means
that
the
content
of
29
the
product
contains
a
minimum
of
thirty
percent
postconsumer
30
material.
31
e.
Assist
the
director
in
employing
Employ
the
professional,
32
technical,
clerical,
and
secretarial
staff
for
the
department
33
and
maintain
employee
records,
in
cooperation
with
the
34
department
of
administrative
services
and
provide
personnel
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services,
including
but
not
limited
to
training,
safety
1
education,
and
employee
counseling.
2
f.
Assist
the
director
in
coordinating
Coordinate
the
3
responsibilities
and
duties
of
the
various
divisions
within
the
4
department.
5
g.
Carry
out
all
other
general
administrative
duties
for
the
6
department.
7
h.
Perform
such
other
duties
and
responsibilities
as
may
be
8
assigned
by
the
director.
9
Sec.
21.
Section
307.21,
subsection
2,
unnumbered
paragraph
10
1,
Code
2024,
is
amended
to
read
as
follows:
11
When
performing
the
duty
of
providing
centralized
purchasing
12
services
under
subsection
1
,
the
administrator
department
shall
13
do
all
of
the
following:
14
Sec.
22.
Section
307.21,
subsection
4,
Code
2024,
is
amended
15
to
read
as
follows:
16
4.
The
administrator
department
shall
provide
for
the
17
purchase
of
qualified
renewable
fuels
to
power
internal
18
combustion
engines
that
are
used
to
operate
motor
vehicles
and
19
for
the
purchase
of
motor
vehicles
operating
using
engines
20
powered
by
qualified
renewable
fuels
in
the
same
manner
21
required
for
the
director
of
the
department
of
administrative
22
services
pursuant
to
section
8A.368
.
The
department
of
23
transportation
shall
compile
information
regarding
compliance
24
with
the
provisions
of
this
subsection
in
the
same
manner
as
25
the
department
of
administrative
services
pursuant
to
section
26
8A.369
.
The
department
of
transportation
shall
cooperate
27
with
the
department
of
administrative
services
in
preparing
28
the
annual
state
fleet
qualified
renewable
fuels
compliance
29
report
regarding
compliance
with
this
subsection
as
provided
30
in
section
8A.369
.
31
Sec.
23.
Section
307.21,
subsection
5,
paragraph
a,
32
unnumbered
paragraph
1,
Code
2024,
is
amended
to
read
as
33
follows:
34
Of
all
new
passenger
vehicles
and
light
pickup
trucks
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purchased
by
the
administrator
department
,
a
minimum
of
ten
1
percent
of
all
such
vehicles
and
trucks
purchased
shall
be
2
equipped
with
engines
which
utilize
alternative
methods
of
3
propulsion,
including
but
not
limited
to
any
of
the
following:
4
Sec.
24.
Section
307.21,
subsections
6
and
7,
Code
2024,
are
5
amended
to
read
as
follows:
6
6.
The
administrator
department
shall,
whenever
technically
7
feasible,
purchase
and
use
degradable
loose
foam
packing
8
material
manufactured
from
grain
starches
or
other
renewable
9
resources,
unless
the
cost
of
the
packing
material
is
more
than
10
ten
percent
greater
than
the
cost
of
packing
material
made
from
11
nonrenewable
resources.
For
the
purposes
of
this
subsection
,
12
“packing
material”
means
material,
other
than
an
exterior
13
packing
shell,
that
is
used
to
stabilize,
protect,
cushion,
or
14
brace
the
contents
of
a
package.
15
7.
The
administrator
department
may
purchase
items
from
16
the
department
of
administrative
services
and
may
cooperate
17
with
the
director
of
the
department
of
administrative
services
18
by
providing
purchasing
services
for
the
department
of
19
administrative
services.
20
Sec.
25.
Section
307.22,
Code
2024,
is
amended
to
read
as
21
follows:
22
307.22
Planning
and
programming
activities.
23
1.
The
department’s
administrator
responsible
for
24
transportation
planning
and
infrastructure
program
development
25
department
shall:
26
a.
1.
Assist
the
director
in
planning
Plan
all
modes
of
27
transportation
in
order
to
develop
an
integrated
transportation
28
system
providing
adequate
transportation
services
for
all
29
citizens
of
the
state.
30
b.
2.
Develop
and
maintain
transportation
statistical
data
31
for
the
department.
32
c.
3.
Assist
the
director
in
establishing,
analyzing,
33
and
evaluating
Establish,
analyze,
and
evaluate
alternative
34
transportation
policies
for
the
state.
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d.
4.
Coordinate
planning
duties
and
responsibilities
with
1
the
planning
functions
carried
on
by
other
administrators
among
2
the
divisions
of
the
department.
3
e.
(1)
5.
a.
Annually
report
by
July
1
of
each
year,
4
for
both
secondary
and
farm-to-market
systems,
miles
of
earth,
5
granular,
and
paved
surface
roads;
the
daily
vehicle
miles
of
6
travel;
and
lineal
feet
of
bridge
deck
under
the
jurisdiction
7
of
each
county’s
secondary
road
department,
as
of
the
preceding
8
January
1,
taking
into
account
roads
whose
jurisdiction
has
9
been
transferred
from
the
department
to
a
county
or
from
a
10
county
to
the
department
during
the
previous
year.
The
annual
11
report
shall
include
those
roads
transferred
to
a
county
12
pursuant
to
section
306.8A
.
13
(2)
b.
Miles
of
secondary
and
farm-to-market
roads
shall
14
not
include
those
miles
of
farm-to-market
extensions
within
15
cities
under
five
hundred
population
that
are
placed
under
16
county
secondary
road
jurisdiction
pursuant
to
section
306.4
.
17
(3)
c.
The
annual
report
of
updated
road
and
bridge
data
of
18
both
the
secondary
and
farm-to-market
roads
shall
be
submitted
19
to
the
Iowa
county
engineers
association
service
bureau.
20
f.
6.
Advise
and
assist
the
director
to
study
Study
and
21
develop
highway
transport
economics
to
assure
availability
and
22
productivity
of
highway
transport
services.
23
g.
Perform
such
other
planning
functions
as
may
be
assigned
24
by
the
director.
25
2.
The
function
of
planning
does
not
include
the
detailed
26
design
of
highways
or
other
modal
transportation
facilities,
27
but
is
restricted
to
the
needs
of
this
state
for
multimodal
28
transportation
systems.
29
Sec.
26.
Section
307.23,
subsection
1,
paragraph
b,
Code
30
2024,
is
amended
to
read
as
follows:
31
b.
Provide
all
legal
services
for
the
department.
32
Sec.
27.
Section
307.24,
unnumbered
paragraph
1,
Code
2024,
33
is
amended
to
read
as
follows:
34
The
department’s
administrator
department
shall
be
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responsible
for
highway
programs
and
activities
,
shall
plan,
1
design,
construct,
and
maintain
the
state
primary
highways
,
2
and
shall
administer
chapters
306
through
306C
,
chapters
3
309
through
314
,
chapters
316
through
318
,
and
chapter
320
4
and
perform
other
duties
as
assigned
by
the
director
.
The
5
department
shall:
6
Sec.
28.
Section
307.26,
Code
2024,
is
amended
to
read
as
7
follows:
8
307.26
Administration
of
modal
Modal
programs
and
activities.
9
The
department’s
administrator
responsible
for
modal
10
programs
and
activities
department
shall:
11
1.
Advise
and
assist
the
director
in
the
development
of
12
Develop
aeronautics,
including
but
not
limited
to
the
location
13
of
air
terminals;
accessibility
of
air
terminals
by
other
14
modes
of
public
transportation;
protective
zoning
provisions
15
considering
safety
factors,
noise,
and
air
pollution;
16
facilities
for
private
and
commercial
aircraft;
air
freight
17
facilities;
and
such
other
physical
and
technical
aspects
as
18
may
be
necessary
to
meet
present
and
future
needs.
19
2.
Advise
and
assist
the
director
in
the
study
of
Study
20
local
and
regional
transportation
of
goods
and
people
including
21
intracity
and
intercity
bus
systems,
dial-a-bus
facilities,
22
rural
and
urban
bus
and
taxi
systems,
the
collection
of
data
23
from
these
systems,
the
study
of
the
feasibility
of
increased
24
government
subsidy
assistance
and
the
allocation
of
such
25
subsidies
to
each
mass
transportation
system,
the
study
of
such
26
other
physical
and
technical
aspects
which
may
be
necessary
27
to
meet
present
and
future
needs,
and
the
application
for,
28
acceptance
of,
and
expending
of
federal,
state,
or
private
29
funds
for
the
improvement
of
mass
transit.
30
3.
Advise
and
assist
the
director
in
the
development
of
31
Develop
transportation
systems
and
programs
for
improving
32
passenger
and
freight
services.
33
4.
Advise
and
assist
the
director
in
developing
Develop
34
programs
in
anticipation
of
railroad
abandonment,
including:
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a.
Development
and
evaluation
of
Developing
and
evaluating
1
programs
which
will
encourage
improvement
of
rail
freight
2
and
the
upgrading
of
rail
lines
in
order
to
improve
freight
3
service.
4
b.
Advising
the
director
Determining
when
it
may
appear
in
5
the
best
interest
of
the
state
to
assume
the
role
of
advocate
6
in
railroad
abandonments
and
railroad
rate
schedules.
7
5.
Develop
and
maintain
a
federal-state
relationship
8
of
programs
relating
to
railroad
safety
enforcement,
track
9
standards,
rail
equipment,
operating
rules,
and
transportation
10
of
hazardous
materials.
11
6.
Make
surveys,
plans,
and
estimates
of
cost
for
the
12
elimination
of
danger
at
railroad
crossings
on
highways
and
13
confer
with
local
and
railroad
officials
with
reference
to
14
elimination
of
the
danger.
15
7.
Advise
and
assist
the
director
in
the
conduct
of
Conduct
16
research
on
railroad-highway
grade
crossings
and
encourage
17
and
develop
a
safety
program
in
order
to
reduce
injuries
or
18
fatalities
including
but
not
limited
to
the
following:
19
a.
The
establishment
of
Establishing
standards
for
warning
20
devices
for
particularly
hazardous
crossings
or
for
classes
21
of
crossings
on
highways,
which
standards
shall
be
designed
22
to
reduce
injuries,
fatalities,
and
property
damage.
Such
23
standards
shall
regulate
the
use
of
warning
devices
and
24
signs,
which
shall
be
in
addition
to
the
requirements
of
25
section
327G.2
.
Implementation
of
such
standards
shall
be
26
the
responsibility
of
the
government
agency
or
department
27
or
political
subdivision
having
jurisdiction
and
control
of
28
the
highway
and
such
implementation
shall
be
deemed
adequate
29
for
the
purposes
of
railroad
grade
crossing
protection.
The
30
department,
or
the
political
subdivision
having
jurisdiction,
31
may
direct
the
installation
of
temporary
protection
while
32
awaiting
installation
of
permanent
protection.
A
railroad
33
crossing
shall
not
be
found
to
be
particularly
hazardous
for
34
any
purpose
unless
the
department
has
determined
it
to
be
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particularly
hazardous.
1
b.
The
development
and
adoption
of
Developing
and
adopting
2
classifications
of
crossings
on
public
highways
based
upon
3
their
characteristics,
conditions,
and
hazards,
and
standards
4
for
warning
devices,
signals,
and
signs
of
each
crossing
5
classification.
The
department
shall
recommend
a
schedule
6
for
implementation
of
the
standards
to
the
government
agency,
7
department,
or
political
subdivision
having
jurisdiction
of
8
the
highway
and
shall
provide
an
annual
report
to
the
general
9
assembly
on
the
development
and
adoption
of
classifications
10
and
standards
under
this
paragraph
and
their
implementation,
11
including
information
about
financing
installation
of
warning
12
devices,
signals,
and
signs.
The
department
shall
not
be
13
liable
for
the
development
or
adoption
of
the
classifications
14
or
standards.
A
government
agency,
department,
or
political
15
subdivision
shall
not
be
liable
for
failure
to
implement
the
16
standards.
A
crossing
warning
or
improvement
installed
or
17
maintained
pursuant
to
standards
adopted
by
the
department
18
under
this
paragraph
shall
be
deemed
an
adequate
and
19
appropriate
warning
for
the
crossing.
20
8.
Advise
and
assist
the
director
to
assure
Assure
21
availability,
efficiency,
and
productivity
of
freight
and
22
passenger
services
and
to
promote
the
coordination
of
service
23
between
all
transportation
modes.
24
9.
Advise
and
assist
the
director
with
studies
of
Study
25
regulatory
changes
deemed
necessary
to
effectuate
economical
26
and
efficient
railroad
service.
27
10.
Advise
and
assist
the
director
regarding
Enter
into
28
agreements
with
railroad
corporations
for
the
restoration,
29
conservation,
or
improvement
of
railroad
as
defined
in
section
30
327D.2,
subsection
3
,
on
such
terms,
conditions,
rates,
31
rentals,
or
subsidy
levels
as
may
be
in
the
best
interest
32
of
the
state.
The
commission
may
enter
into
contracts
33
and
agreements
which
are
binding
only
to
the
extent
that
34
appropriations
have
been
or
may
subsequently
be
made
by
the
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legislature
to
effectuate
the
purposes
of
this
subsection
.
1
11.
Administer
chapters
324A
,
327C
through
327H
,
327J
,
328
,
2
329
,
and
330
.
3
12.
Administer
programs
and
activities
in
chapters
306D
,
4
307C
,
308A
,
and
315
.
5
13.
Perform
such
other
duties
and
responsibilities
as
may
be
6
assigned
by
the
director.
7
14.
13.
Promote
river
transportation
and
coordinate
river
8
programs
with
other
transportation
modes.
9
15.
14.
Advise
and
assist
the
director
in
the
development
10
of
Develop
river
transportation
and
port
facilities
in
the
11
state.
12
Sec.
29.
Section
307.27,
unnumbered
paragraph
1,
Code
2024,
13
is
amended
to
read
as
follows:
14
The
department’s
administrator
department
shall
be
15
responsible
for
the
enforcement
and
regulation
of
motor
16
carriers,
registration
of
motor
vehicles,
and
licensing
of
17
drivers
,
and
shall:
18
Sec.
30.
Section
307.47,
subsection
1,
Code
2024,
is
amended
19
to
read
as
follows:
20
1.
The
highway
materials
and
equipment
revolving
fund
21
is
created
from
moneys
appropriated
out
of
the
primary
road
22
fund.
From
this
fund
shall
be
paid
all
costs
for
materials
23
and
supplies,
inventoried
stock
supplies,
maintenance
and
24
operational
costs
of
equipment,
and
equipment
replacements
25
incurred
in
the
operation
of
centralized
purchasing
under
26
the
supervision
of
the
administrator
responsible
for
highway
27
programs
and
activities
.
Direct
salaries
and
expenses
properly
28
chargeable
to
direct
salaries
shall
be
paid
from
the
fund.
For
29
each
month
the
administrator
responsible
for
the
operations
30
and
finances
of
the
department
shall
render
a
statement
31
to
each
highway
unit
for
the
actual
cost
of
materials
and
32
supplies,
operational
and
maintenance
costs
of
equipment,
and
33
equipment
depreciation
used.
The
expense
shall
be
paid
by
the
34
administrator
responsible
for
the
operations
and
finances
of
35
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2686
the
department
in
the
same
manner
as
other
interdepartmental
1
billings
are
paid.
The
sum
paid
shall
be
credited
to
the
2
highway
materials
and
equipment
revolving
fund.
3
Sec.
31.
Section
307.48,
subsection
2,
Code
2024,
is
amended
4
to
read
as
follows:
5
2.
An
employee
under
the
supervision
of
the
department’s
6
administrator
of
highways
who
became
an
employee
of
the
state
7
department
of
transportation
on
July
1,
1974,
retains
all
8
rights
to
longevity
pay
so
long
as
the
employee
continues
9
employment
with
the
department.
10
Sec.
32.
Section
327D.192,
Code
2024,
is
amended
to
read
as
11
follows:
12
327D.192
Spot
checks
for
hazardous
cargo.
13
An
employee
under
the
supervision
of
the
department’s
14
administrator
for
rail
and
water
designated
by
the
director
of
15
the
department
may
conduct
spot
inspections
of
vehicles
subject
16
to
registration
which
are
owned
or
operated
by
a
railroad
17
corporation
to
determine
whether
a
vehicle
is
used
to
transport
18
products
or
property
which
may
be
a
safety
hazard
for
the
19
operator
of
the
vehicle
subject
to
registration
or
any
other
20
employee
of
the
railroad
corporation
who
is
transported
in
the
21
vehicle.
22
Sec.
33.
Section
327F.39,
subsection
1,
paragraph
a,
Code
23
2024,
is
amended
to
read
as
follows:
24
a.
“Administrator”
means
the
department’s
administrator
25
for
rail
and
water
modal
programs
,
or
the
administrator’s
26
director’s
designee.
27
DIVISION
IV
28
DEPARTMENT
OF
EDUCATION
29
Sec.
34.
Section
256.9,
unnumbered
paragraph
1,
Code
2024,
30
is
amended
to
read
as
follows:
31
Except
for
the
higher
education
division;
the
bureaus,
32
boards,
and
commissions
within
the
higher
education
division;
33
and
the
public
broadcasting
board
and
division,
the
director
34
shall:
35
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2686
Sec.
35.
Section
256.9,
subsections
3
and
4,
Code
2024,
are
1
amended
to
read
as
follows:
2
3.
Establish
divisions
of
the
department
and
assign
3
subject
matter
duties
to
divisions
of
the
department
in
a
4
manner
determined
by
the
director
as
necessary
or
desirable
in
5
addition
to
divisions
required
by
law
,
unless
a
provision
of
6
law
requires
a
particular
departmental
unit
or
subject
matter
7
to
be
assigned
to
a
specific
division
of
the
department
.
The
8
organization
of
the
department
shall
promote
coordination
of
9
functions
and
services
relating
to
administration,
supervision,
10
and
improvement
of
instruction.
The
director
may
also
reassign
11
within
the
department
the
boards,
commissions,
bureaus,
and
12
duties
specified
in
sections
256.111
and
256.121.
13
4.
Employ
personnel
and
assign
duties
and
responsibilities
14
of
the
department.
The
director
shall
appoint
a
deputy
15
director
and
division
administrators
deemed
necessary.
16
They
shall
be
appointed
on
the
basis
of
their
professional
17
qualifications,
experience
in
administration,
and
background.
18
Members
of
the
professional
staff
are
not
subject
to
the
merit
19
system
provisions
of
chapter
8A,
subchapter
IV
,
and
are
subject
20
to
section
256.10
.
21
Sec.
36.
Section
256.10,
Code
2024,
is
amended
to
read
as
22
follows:
23
256.10
Director
salary
——
employment
of
professional
staff.
24
1.
The
salary
of
the
director
shall
be
fixed
by
the
25
governor.
26
2.
Appointments
to
the
professional
staff
of
the
department
27
shall
be
without
reference
to
political
party
affiliation,
28
religious
affiliation,
sex,
or
marital
status,
but
shall
be
29
based
solely
upon
fitness,
ability,
and
proper
qualifications
30
for
the
particular
position.
The
professional
staff
shall
31
serve
at
the
discretion
of
the
director.
A
member
of
the
32
professional
staff
shall
not
be
dismissed
for
cause
without
33
appropriate
due
process
procedures
including
a
hearing.
34
3.
The
director
may
employ
full-time
professional
salaried
35
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staff
for
less
than
twelve
months
each
year,
but
such
staff
1
shall
be
employed
by
the
director
for
at
least
nine
months
of
2
each
year.
Salaries
for
full-time
professional
salaried
staff
3
employed
as
provided
in
this
subsection
shall
be
comparable
to
4
other
professional
salaried
staff,
adjusting
for
time
worked.
5
Salaries
for
professional
salaried
staff
employed
for
periods
6
of
less
than
twelve
months
shall
be
paid
during
each
month
of
7
the
year
in
which
they
are
employed
on
the
same
schedule
as
all
8
other
full-time
permanent
professional
salaried
staff.
Such
9
staff
shall
have
their
salaries
paid
over
twelve
months.
The
10
director
shall
provide
for
and
the
department
shall
pay
for
11
the
employer
share
of
health
and
dental
insurance
benefits
for
12
twelve
months
each
year
for
the
full-time
professional
staff
13
employed
as
provided
in
this
subsection
,
and
the
health
and
14
dental
insurance
benefits
provided
shall
be
comparable
to
the
15
benefits
provided
to
all
other
professional
staff
employed
by
16
the
director
.
17
4.
The
director
may
employ
hourly
staff
for
less
than
18
twelve
months
each
year,
but
such
staff
shall
be
employed
by
19
the
director
for
at
least
nine
months
of
each
year.
Wages
for
20
staff
employed
as
provided
in
this
subsection
shall
be
paid
21
during
the
months
the
employee
is
scheduled
to
work
on
the
same
22
schedule
as
other
employees
of
the
state.
The
director
shall
23
provide
for
and
the
department
shall
pay
for
the
employer
share
24
of
health
and
dental
insurance
benefits
for
twelve
months
each
25
year
for
hourly
staff
employed
as
provided
in
this
subsection.
26
Sec.
37.
Section
256.103,
Code
2024,
is
amended
to
read
as
27
follows:
28
256.103
Employees
——
contracts
——
termination
and
discharge
29
procedures.
30
Sections
279.12
through
279.19
279.19B
and
section
279.27
31
apply
to
employees
of
the
Iowa
educational
services
for
the
32
blind
and
visually
impaired
program
and
employees
of
the
Iowa
33
school
for
the
deaf,
who
are
licensed
pursuant
to
subchapter
34
VII,
part
3
.
In
following
those
sections
in
chapter
279
,
the
35
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2686
references
to
boards
of
directors
of
school
districts
shall
be
1
interpreted
to
apply
to
the
department.
2
Sec.
38.
NEW
SECTION
.
256.103A
Iowa
educational
services
3
for
the
blind
and
visually
impaired
and
Iowa
school
for
the
deaf
4
——
leave.
5
Salaried
employees
of
the
Iowa
educational
services
for
the
6
blind
and
visually
impaired
program
and
employees
of
the
Iowa
7
school
for
the
deaf
who
are
employed
on
a
school
year
basis
8
for
less
than
twelve
months
per
year
shall
be
exempt
from
the
9
provisions
of
chapter
70A
relating
to
vacation
leave.
In
lieu
10
of
vacation
leave,
such
employees
shall
accrue
two
personal
11
leave
days
per
school
year
and
may
carry
over
up
to
one
unused
12
personal
day
into
a
subsequent
school
year.
Such
employees
13
shall
not
accrue
more
than
three
personal
leave
days
at
any
one
14
time.
Such
leave
shall
not
be
paid
out
to
the
employee
upon
15
separation
from
employment.
16
Sec.
39.
Section
256.111,
subsection
1,
Code
2024,
is
17
amended
to
read
as
follows:
18
1.
The
innovation
division
of
the
department
of
education
is
19
created.
The
chief
administrative
officer
head
of
the
division
20
is
the
administrator
who
shall
be
a
highly
qualified
science,
21
technology,
engineering,
and
mathematics
advocate
and
shall
be
22
appointed
by
the
director.
23
Sec.
40.
Section
256.111,
subsection
2,
unnumbered
24
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
25
The
administrator
shall
do
all
of
the
following
,
subject
to
26
supervision
of
the
director
:
27
Sec.
41.
Section
256.111,
subsection
2,
paragraphs
a
and
c,
28
Code
2024,
are
amended
to
read
as
follows:
29
a.
Direct
and
organize
the
activities
of
the
division,
30
including
the
science,
technology,
engineering,
and
mathematics
31
collaborative
initiative
created
in
subsection
3
.
32
c.
Perform
other
duties
imposed
by
law
or
assigned
by
the
33
director
.
34
Sec.
42.
Section
256.121,
subsection
1,
Code
2024,
is
35
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HF
2686
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90
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75
H.F.
2686
amended
to
read
as
follows:
1
1.
The
higher
education
division
of
the
department
of
2
education
is
created.
The
chief
administrative
officer
head
3
of
the
division
is
the
administrator
who
shall
be
appointed
by
4
the
director.
5
Sec.
43.
Section
256.121,
subsection
2,
unnumbered
6
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
7
The
administrator
shall
do
all
of
the
following
,
subject
to
8
supervision
of
the
director
:
9
Sec.
44.
Section
256.121,
subsection
2,
paragraphs
b,
d,
and
10
e,
Code
2024,
are
amended
to
read
as
follows:
11
b.
Direct
and
organize
the
activities
of
the
division.
12
d.
Hire
and
control
Supervise
the
personnel
employed
by
the
13
division.
14
e.
Perform
other
duties
imposed
by
law
or
assigned
by
the
15
director
.
16
DIVISION
V
17
DEPARTMENT
OF
CORRECTIONS
18
Sec.
45.
Section
8D.13,
subsection
12,
Code
2024,
is
amended
19
to
read
as
follows:
20
12.
Access
to
the
network
shall
be
offered
to
the
judicial
21
district
departments
of
correctional
services
established
22
in
section
905.2
904.104A
,
provided
that
such
departments
23
contribute
an
amount
consistent
with
their
share
of
use
for
the
24
part
of
the
system
in
which
the
departments
participate,
as
25
determined
by
the
commission.
26
Sec.
46.
Section
80D.1,
subsection
1,
Code
2024,
is
amended
27
to
read
as
follows:
28
1.
The
governing
body
of
a
city,
a
county,
or
the
state
of
29
Iowa
,
or
the
Iowa
department
of
corrections
may
provide,
either
30
separately
or
collectively
through
a
chapter
28E
agreement,
for
31
the
establishment
of
a
force
of
reserve
peace
officers,
and
may
32
limit
the
size
of
the
reserve
force.
In
the
case
of
the
state,
33
unless
the
reserve
peace
officer
is
employed
by
the
department
34
of
corrections,
the
department
of
public
safety
shall
act
as
35
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2686
the
governing
body.
If
the
reserve
peace
officer
is
employed
1
by
the
department
of
corrections,
the
department
of
corrections
2
shall
act
as
the
governing
body.
3
Sec.
47.
Section
80D.11,
Code
2024,
is
amended
to
read
as
4
follows:
5
80D.11
Employee
——
pay.
6
While
performing
official
duties,
each
reserve
peace
officer
7
shall
be
considered
an
employee
of
the
governing
body
which
8
the
officer
represents
and
shall
be
paid
a
minimum
of
one
9
dollar
per
year.
The
governing
body
of
a
city,
a
county,
or
10
the
state
,
or
the
Iowa
department
of
corrections
may
provide
11
additional
monetary
assistance
for
the
purchase
and
maintenance
12
of
uniforms
and
equipment
used
by
reserve
peace
officers.
13
Sec.
48.
Section
125.93,
Code
2024,
is
amended
to
read
as
14
follows:
15
125.93
Commitment
records
——
confidentiality.
16
Records
of
the
identity,
diagnosis,
prognosis,
or
treatment
17
of
a
person
which
are
maintained
in
connection
with
the
18
provision
of
substance
use
disorder
treatment
services
are
19
confidential,
consistent
with
the
requirements
of
section
20
125.37
,
and
with
the
federal
confidentiality
regulations
21
authorized
by
the
federal
Drug
Abuse
Office
and
Treatment
Act,
22
42
U.S.C.
§290ee
and
the
federal
Comprehensive
Alcohol
Abuse
23
and
Alcoholism
Prevention,
Treatment
and
Rehabilitation
Act,
42
24
U.S.C.
§290dd-2.
However,
such
records
may
be
disclosed
to
an
25
employee
of
the
department
of
corrections,
if
authorized
by
the
26
director
of
the
department
of
corrections
,
or
to
an
employee
27
of
a
judicial
district
department
of
correctional
services,
if
28
authorized
by
the
director
of
the
judicial
district
department
29
of
correctional
services
.
30
Sec.
49.
Section
216A.136,
subsection
8,
Code
2024,
is
31
amended
to
read
as
follows:
32
8.
Community-based
correctional
program
records
maintained
33
under
chapter
905
904
.
34
Sec.
50.
Section
321J.2,
subsection
3,
paragraph
b,
35
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HF
2686
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75
H.F.
2686
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
1
(1)
With
the
consent
of
the
defendant,
the
court
may
2
defer
judgment
pursuant
to
section
907.3
and
may
place
the
3
defendant
on
probation
upon
conditions
as
it
may
require.
Upon
4
a
showing
that
the
defendant
is
not
fulfilling
the
conditions
5
of
probation,
the
court
may
revoke
probation
and
impose
any
6
sentence
authorized
by
law.
Before
taking
such
action,
the
7
court
shall
give
the
defendant
an
opportunity
to
be
heard
on
8
any
matter
relevant
to
the
proposed
action.
Upon
violation
9
of
the
conditions
of
probation,
the
court
may
proceed
as
10
provided
in
chapter
908
.
Upon
fulfillment
of
the
conditions
11
of
probation
and
the
payment
of
fees
imposed
and
not
waived
12
by
the
judicial
district
department
of
correctional
services
13
under
section
905.14
904.912
,
the
defendant
shall
be
discharged
14
without
entry
of
judgment.
15
Sec.
51.
Section
669.2,
subsection
5,
Code
2024,
is
amended
16
to
read
as
follows:
17
5.
“State
agency”
includes
all
executive
departments,
18
agencies,
boards,
bureaus,
and
commissions
of
the
state
of
19
Iowa,
and
corporations
whose
primary
function
is
to
act
as,
and
20
while
acting
as,
instrumentalities
or
agencies
of
the
state
of
21
Iowa,
whether
or
not
authorized
to
sue
and
be
sued
in
their
22
own
names.
This
definition
does
not
include
a
contractor
with
23
the
state
of
Iowa.
Soil
and
water
conservation
districts
as
24
defined
in
section
161A.3,
subsection
6
,
and
judicial
district
25
departments
of
correctional
services
as
established
in
section
26
905.2
904.104A
are
state
agencies
for
purposes
of
this
chapter
.
27
Sec.
52.
Section
708.2B,
subsection
1,
Code
2024,
is
amended
28
to
read
as
follows:
29
1.
As
used
in
this
section
,
“district
department”
means
30
a
judicial
district
department
of
correctional
services,
31
established
pursuant
to
section
905.2
904.104A
.
32
Sec.
53.
Section
901A.2,
subsection
8,
Code
2024,
is
amended
33
to
read
as
follows:
34
8.
In
addition
to
any
other
sentence
imposed
on
a
person
35
-22-
HF
2686
(3)
90
md/ns/md
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75
H.F.
2686
convicted
of
a
sexually
predatory
offense
pursuant
to
1
subsection
1,
2,
or
3
,
the
person
shall
be
sentenced
to
an
2
additional
term
of
parole
or
work
release
not
to
exceed
two
3
years.
The
board
of
parole
shall
determine
whether
the
person
4
should
be
released
on
parole
or
placed
in
a
work
release
5
program.
The
sentence
of
parole
supervision
shall
commence
6
immediately
upon
the
person’s
release
by
the
board
of
parole
7
and
shall
be
under
the
terms
and
conditions
as
set
out
in
8
chapter
906
.
Violations
of
parole
or
work
release
shall
9
be
subject
to
the
procedures
set
out
in
chapter
905
904
or
10
908
or
rules
adopted
under
those
chapters.
For
purposes
of
11
disposition
of
a
parole
violator
upon
revocation
of
parole
or
12
work
release,
the
sentence
of
an
additional
term
of
parole
or
13
work
release
shall
be
considered
part
of
the
original
term
of
14
commitment
to
the
department
of
corrections.
15
Sec.
54.
Section
902.1,
subsection
4,
Code
2024,
is
amended
16
to
read
as
follows:
17
4.
If
a
defendant
is
paroled
pursuant
to
subsection
2
or
3
,
18
the
defendant
shall
be
subject
to
the
same
set
of
procedures
19
set
out
in
chapters
901B
,
905
904
,
906
,
and
908
,
and
rules
20
adopted
under
those
chapters
for
persons
on
parole.
21
Sec.
55.
Section
903B.1,
Code
2024,
is
amended
to
read
as
22
follows:
23
903B.1
Special
sentence
——
class
“B”
or
class
“C”
felonies.
24
A
person
convicted
of
a
class
“C”
felony
or
greater
offense
25
under
chapter
709
or
section
728.12
,
or
a
class
“B”
felony
26
under
section
713.3,
subsection
1
,
paragraph
“d”
,
shall
also
be
27
sentenced,
in
addition
to
any
other
punishment
provided
by
law,
28
to
a
special
sentence
committing
the
person
into
the
custody
29
of
the
director
of
the
Iowa
department
of
corrections
for
the
30
rest
of
the
person’s
life,
with
eligibility
for
parole
as
31
provided
in
chapter
906
.
The
board
of
parole
shall
determine
32
whether
the
person
should
be
released
on
parole
or
placed
in
33
a
work
release
program.
The
special
sentence
imposed
under
34
this
section
shall
commence
upon
completion
of
the
sentence
35
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imposed
under
any
applicable
criminal
sentencing
provisions
for
1
the
underlying
criminal
offense
and
the
person
shall
begin
the
2
sentence
under
supervision
as
if
on
parole
or
work
release.
3
The
person
shall
be
placed
on
the
corrections
continuum
in
4
chapter
901B
,
and
the
terms
and
conditions
of
the
special
5
sentence,
including
violations,
shall
be
subject
to
the
same
6
set
of
procedures
set
out
in
chapters
901B
,
905
904
,
906
,
and
7
908
,
and
rules
adopted
under
those
chapters
for
persons
on
8
parole
or
work
release.
The
revocation
of
release
shall
not
be
9
for
a
period
greater
than
two
years
upon
any
first
revocation,
10
and
five
years
upon
any
second
or
subsequent
revocation.
A
11
special
sentence
shall
be
considered
a
category
“A”
sentence
12
for
purposes
of
calculating
earned
time
under
section
903A.2
.
13
Sec.
56.
Section
903B.2,
Code
2024,
is
amended
to
read
as
14
follows:
15
903B.2
Special
sentence
——
class
“D”
felonies
or
16
misdemeanors.
17
A
person
convicted
of
a
misdemeanor
or
a
class
“D”
felony
18
offense
under
chapter
709
,
section
726.2
,
or
section
728.12
19
shall
also
be
sentenced,
in
addition
to
any
other
punishment
20
provided
by
law,
to
a
special
sentence
committing
the
person
21
into
the
custody
of
the
director
of
the
Iowa
department
of
22
corrections
for
a
period
of
ten
years,
with
eligibility
for
23
parole
as
provided
in
chapter
906
.
The
board
of
parole
shall
24
determine
whether
the
person
should
be
released
on
parole
25
or
placed
in
a
work
release
program.
The
special
sentence
26
imposed
under
this
section
shall
commence
upon
completion
of
27
the
sentence
imposed
under
any
applicable
criminal
sentencing
28
provisions
for
the
underlying
criminal
offense
and
the
person
29
shall
begin
the
sentence
under
supervision
as
if
on
parole
or
30
work
release.
The
person
shall
be
placed
on
the
corrections
31
continuum
in
chapter
901B
,
and
the
terms
and
conditions
of
the
32
special
sentence,
including
violations,
shall
be
subject
to
the
33
same
set
of
procedures
set
out
in
chapters
901B
,
905
904
,
906
,
34
and
908
,
and
rules
adopted
under
those
chapters
for
persons
on
35
-24-
HF
2686
(3)
90
md/ns/md
24/
75
H.F.
2686
parole
or
work
release.
The
revocation
of
release
shall
not
be
1
for
a
period
greater
than
two
years
upon
any
first
revocation,
2
and
five
years
upon
any
second
or
subsequent
revocation.
A
3
special
sentence
shall
be
considered
a
category
“A”
sentence
4
for
purposes
of
calculating
earned
time
under
section
903A.2
.
5
Sec.
57.
Section
904.101,
Code
2024,
is
amended
by
adding
6
the
following
new
subsections:
7
NEW
SUBSECTION
.
1A.
“Community-based
correctional
program”
8
means
correctional
programs
and
services,
under
the
direction
9
of
a
district
director
and
the
department,
including
but
10
not
limited
to
an
intermediate
criminal
sanctions
program
11
in
accordance
with
the
corrections
continuum
in
section
12
901B.1,
designed
to
supervise
and
assist
individuals
who
13
are
charged
with
or
have
been
convicted
of
a
felony,
an
14
aggravated
misdemeanor
or
a
serious
misdemeanor,
or
who
15
are
on
probation
or
parole
in
lieu
of
or
as
a
result
of
a
16
sentence
of
incarceration
imposed
upon
conviction
of
any
17
of
these
offenses,
or
who
are
contracted
to
the
district
18
department
for
supervision
and
housing
while
on
work
release.
19
A
community-based
correctional
program
shall
be
designed
by
a
20
district
department,
under
the
direction
and
control
of
the
21
department,
in
a
manner
that
provides
services
in
a
manner
22
free
of
disparities
based
upon
an
individual’s
race
or
ethnic
23
origin.
24
NEW
SUBSECTION
.
1B.
“Community-based
corrections
facility”
25
means
property
or
buildings
owned
or
operated
by
the
department
26
for
a
community-based
correctional
program.
27
NEW
SUBSECTION
.
4.
“District
advisory
board”
means
the
28
advisory
board
of
a
district
department.
29
NEW
SUBSECTION
.
5.
“District
department”
means
a
judicial
30
district
department
of
correctional
services
established
under
31
section
904.104A.
32
NEW
SUBSECTION
.
6.
“District
director”
means
the
director
33
of
a
district
department,
appointed
by
the
director
under
34
section
904.301A.
35
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HF
2686
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2686
Sec.
58.
Section
904.102,
Code
2024,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
12.
Community-based
corrections
3
facilities.
4
Sec.
59.
Section
904.103,
subsection
1,
Code
2024,
is
5
amended
by
striking
the
subsection.
6
Sec.
60.
Section
904.301A,
Code
2024,
is
amended
to
read
as
7
follows:
8
904.301A
Appointment
of
directors.
9
The
director
shall
appoint,
subject
to
the
approval
of
10
the
board,
a
district
director
for
each
judicial
district
11
department
of
correctional
services
established
in
section
12
905.2
904.104A
.
13
Sec.
61.
Section
904.303,
Code
2024,
is
amended
to
read
as
14
follows:
15
904.303
Officers
and
employees
——
compensation.
16
1.
The
director
shall
determine
the
number
and
compensation
17
of
subordinate
officers
and
employees
for
each
institution
18
subject
to
chapter
8A,
subchapter
IV
.
Subject
to
this
chapter
,
19
the
officers
and
employees
shall
be
appointed
and
discharged
20
by
the
superintendent
or
district
director,
as
applicable,
21
who
shall
keep
in
the
record
of
each
subordinate
officer
and
22
employee,
the
date
of
employment,
the
compensation,
and
the
23
date
of
and
the
reasons
for
each
discharge.
24
2.
The
superintendents
,
district
directors,
and
employees
25
of
the
correctional
institutions
shall
receive
salaries
or
26
compensation
as
determined
by
the
director,
shall
receive
a
27
midshift
meal
when
on
duty,
and
shall
be
provided
uniforms
if
28
uniforms
are
required
to
be
worn
when
on
duty.
The
uniforms
29
shall
be
maintained
and
replaced
by
the
department
at
no
30
cost
to
the
employees
and
shall
remain
the
property
of
the
31
department.
32
Sec.
62.
Section
904.306,
Code
2024,
is
amended
to
read
as
33
follows:
34
904.306
Conferences.
35
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2686
Quarterly
conferences
of
the
superintendents
and
the
1
district
directors
of
the
institutions
shall
be
held
with
2
the
director
for
the
consideration
of
all
matters
relative
3
to
the
management
of
the
institutions.
Full
minutes
of
the
4
meetings
shall
be
preserved
in
the
records
of
the
director.
5
The
director
may
cause
papers
to
be
prepared
and
read
at
the
6
conferences
on
appropriate
subjects.
7
Sec.
63.
Section
904.307,
Code
2024,
is
amended
to
read
as
8
follows:
9
904.307
Annual
reports.
10
1.
The
superintendent
of
each
institution
shall
make
an
11
annual
report
to
the
director.
12
2.
The
district
director
of
each
district
department
shall
13
make
an
annual
report
to
the
director.
14
Sec.
64.
Section
904.310,
Code
2024,
is
amended
to
read
as
15
follows:
16
904.310
Canteens.
17
The
director
may
maintain
a
canteen
at
an
institution
under
18
the
director’s
jurisdiction
for
the
sale
to
persons
confined
19
in
or
committed
to
the
institution
of
items
such
as
toilet
20
articles,
candy,
tobacco
products,
notions,
and
other
sundries,
21
and
may
provide
the
necessary
facilities,
equipment,
personnel,
22
and
merchandise
for
the
canteen.
The
director
shall
specify
23
the
items
to
be
sold
in
the
canteen.
The
department
may
24
establish
and
maintain
a
permanent
operating
fund
for
each
25
canteen.
The
fund
shall
consist
of
the
receipts
from
the
26
sale
of
commodities
at
the
canteen
and
donations
designated
27
by
inmates
for
reimbursement
of
victims’
travel
expenses.
28
Any
money
in
the
fund
over
the
amount
needed
to
do
normal
29
business
transactions,
to
reimburse
any
accounts
which
have
30
subsidized
the
canteen
fund,
and
to
reimburse
victims’
travel
31
expenses
shall
be
considered
profit.
This
money
may
remain
in
32
the
institution’s
canteen
fund
and
be
used
for
any
purchase
33
which
the
superintendent
or
district
director,
as
applicable,
34
approves
that
will
directly
and
collectively
benefit
the
35
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2686
inmates
of
the
institution
or
to
reimburse
victims’
travel
1
expenses.
2
Sec.
65.
Section
904.311,
subsection
1,
Code
2024,
is
3
amended
to
read
as
follows:
4
1.
The
director
may
permit
the
superintendent
or
the
5
district
director,
as
applicable,
of
each
institution
to
retain
6
a
stated
amount
of
funds
in
possession
as
a
contingent
fund
7
for
the
payment
of
freight,
postage,
commodities
purchased
8
on
authority
of
the
director
on
a
cash
basis,
salaries,
9
inmate
allowances,
and
bills
granting
discount
for
cash.
If
10
necessary,
the
director
shall
make
proper
requisition
upon
the
11
director
of
the
department
of
administrative
services
for
a
12
warrant
on
the
treasurer
of
state
to
secure
the
contingent
fund
13
for
each
institution.
14
Sec.
66.
Section
904.315,
subsection
1,
Code
2024,
is
15
amended
to
read
as
follows:
16
1.
The
director
of
the
department
of
administrative
17
services
shall,
in
writing,
let
all
contracts
for
authorized
18
improvements
under
chapter
8A,
subchapter
III
,
costing
in
19
excess
of
the
competitive
bid
threshold
in
section
26.3
,
or
as
20
established
in
section
314.1B
.
Upon
prior
authorization
by
21
the
director,
improvements
costing
five
thousand
dollars
or
22
less
may
be
made
by
the
superintendent
or
district
director,
as
23
applicable,
of
any
institution.
24
Sec.
67.
Section
904.502,
Code
2024,
is
amended
to
read
as
25
follows:
26
904.502
Questionable
commitment.
27
The
superintendent
or
the
district
director,
as
applicable,
28
shall
within
three
days
of
the
commitment
or
entrance
of
a
29
person
at
the
institution
notify
the
director
if
there
is
any
30
question
as
to
the
propriety
of
the
commitment
or
detention
of
31
any
person
received
at
the
institution,
and
the
director
upon
32
notification
shall
inquire
into
the
matter
presented,
and
take
33
appropriate
action.
34
Sec.
68.
Section
904.505,
subsection
2,
Code
2024,
is
35
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75
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2686
amended
to
read
as
follows:
1
2.
The
superintendent
or
district
director,
as
applicable,
2
of
each
institution
shall
maintain
a
register
of
all
penalties
3
imposed
on
inmates
and
the
cause
for
which
the
penalties
were
4
imposed.
5
Sec.
69.
Section
904.512,
Code
2024,
is
amended
to
read
as
6
follows:
7
904.512
Visits.
8
Members
of
the
executive
council,
the
attorney
general,
9
the
lieutenant
governor,
members
of
the
general
assembly,
10
judges
of
the
supreme
and
district
court
and
court
of
appeals,
11
judicial
magistrates,
county
attorneys
,
and
persons
ordained
12
or
designated
as
regular
leaders
of
a
religious
community
are
13
authorized
to
visit
all
institutions
under
the
control
of
the
14
Iowa
department
of
corrections
at
reasonable
times.
No
other
15
person
shall
be
granted
admission
except
by
permission
of
the
16
superintendent
or
district
director,
as
applicable
.
17
Sec.
70.
Section
904.513,
subsection
1,
paragraph
a,
Code
18
2024,
is
amended
to
read
as
follows:
19
a.
The
department
of
corrections
,
in
cooperation
with
the
20
judicial
district
departments
of
correctional
services,
shall
21
establish
in
each
judicial
district
a
continuum
of
programming
22
for
the
supervision
and
treatment
of
offenders
convicted
of
23
violating
chapter
321J
who
are
sentenced
to
the
custody
of
the
24
director.
The
continuum
shall
include
a
range
of
sanctioning
25
options
that
include
but
are
not
limited
to
prisons
and
26
residential
facilities.
27
Sec.
71.
Section
904.513,
subsection
1,
paragraph
b,
28
subparagraph
(4),
Code
2024,
is
amended
to
read
as
follows:
29
(4)
Assignment
may
also
be
made
on
the
basis
of
the
30
offender’s
treatment
program
performance,
as
a
disciplinary
31
measure,
for
medical
needs,
and
for
space
availability
at
32
community
residential
facilities.
If
there
is
insufficient
33
space
at
a
community
residential
facility,
the
court
may
order
34
an
offender
to
be
released
to
the
supervision
of
the
judicial
35
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district
department
of
correctional
services
,
held
in
jail,
1
or
committed
to
the
custody
of
the
director
of
the
department
2
of
corrections
for
assignment
to
an
appropriate
correctional
3
facility
until
there
is
sufficient
space
at
a
community
4
residential
facility.
5
Sec.
72.
Section
904.514,
subsections
1
and
3,
Code
2024,
6
are
amended
to
read
as
follows:
7
1.
A
person
committed
to
an
institution
under
the
control
of
8
the
department
who
bites
another
person,
who
causes
an
exchange
9
of
bodily
fluids
with
another
person,
or
who
causes
any
bodily
10
secretion
to
be
cast
upon
another
person,
shall
submit
to
the
11
withdrawal
of
a
bodily
specimen
for
testing
to
determine
if
the
12
person
is
infected
with
a
contagious
infectious
disease.
The
13
bodily
specimen
to
be
taken
shall
be
determined
by
the
staff
14
physician
of
the
institution.
The
specimen
taken
shall
be
15
sent
to
the
state
hygienic
laboratory
or
some
other
laboratory
16
approved
by
the
department
of
health
and
human
services.
If
a
17
person
to
be
tested
pursuant
to
this
section
refuses
to
submit
18
to
the
withdrawal
of
a
bodily
specimen,
application
may
be
made
19
by
the
superintendent
of
the
institution
to
the
district
court
20
for
an
order
compelling
the
person
to
submit
to
the
withdrawal
21
and,
if
infected,
to
available
treatment.
An
order
authorizing
22
the
withdrawal
of
a
specimen
for
testing
may
be
issued
only
by
23
a
district
judge
or
district
associate
judge
upon
application
24
by
the
superintendent
or
district
director,
as
applicable,
of
25
the
institution.
26
3.
Personnel
at
an
institution
under
the
control
of
the
27
department
or
of
a
residential
facility
operated
by
a
judicial
28
district
department
of
correctional
services
shall
be
notified
29
if
a
person
committed
to
any
of
these
institutions
is
found
to
30
have
a
contagious
infectious
disease.
31
Sec.
73.
Section
904.602,
subsection
1,
unnumbered
32
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
33
The
following
information
regarding
individuals
receiving
34
or
who
have
received
services
from
the
department
or
from
the
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judicial
district
departments
of
correctional
services
under
1
chapter
905
is
public
information
and
may
be
given
to
anyone:
2
Sec.
74.
Section
904.602,
subsection
2,
unnumbered
3
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
4
The
following
information
regarding
individuals
receiving
5
or
who
have
received
services
from
the
department
or
from
the
6
judicial
district
departments
of
correctional
services
under
7
chapter
905
is
confidential
and
shall
not
be
disseminated
by
8
the
department
to
the
public:
9
Sec.
75.
Section
904.602,
subsections
6
and
10,
Code
2024,
10
are
amended
to
read
as
follows:
11
6.
Confidential
information
described
in
subsection
2
may
12
be
disclosed
to
public
officials
for
use
in
connection
with
13
their
official
duties
relating
to
law
enforcement,
audits
and
14
other
purposes
directly
connected
with
the
administration
of
15
their
programs.
Full
disclosure
by
the
department
of
any
16
information
on
an
individual
may
be
made
to
the
board
of
parole
17
and
to
judicial
district
departments
of
correctional
services
18
created
under
chapter
905
,
and
the
board
and
those
district
19
departments
are
subject
to
the
same
standards
as
the
department
20
in
dissemination
or
redissemination
of
information
on
persons
21
served
or
supervised
by
those
district
departments,
and
all
22
provisions
of
this
section
pertain
to
the
board
of
parole
and
23
to
the
judicial
district
departments
as
if
they
were
a
part
24
of
the
department.
Information
may
be
disseminated
about
25
individuals
while
under
the
supervision
of
the
department
26
to
public
or
private
agencies
to
which
persons
served
or
27
supervised
by
the
department
are
referred
for
specific
services
28
not
otherwise
provided
by
the
department
but
only
to
the
extent
29
that
the
information
is
needed
by
those
agencies
to
provide
the
30
services
required,
and
they
shall
keep
information
received
31
from
the
department
confidential.
32
10.
Regulations,
procedures,
and
policies
that
govern
the
33
internal
administration
of
the
department
and
the
judicial
34
district
departments
of
correctional
services
under
chapter
35
-31-
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(3)
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2686
905
,
which
if
released
may
jeopardize
the
secure
operation
of
a
1
correctional
institution
operation
or
program
are
confidential
2
unless
otherwise
ordered
by
a
court.
These
records
include
3
procedures
on
inmate
movement
and
control;
staffing
patterns
4
and
regulations;
emergency
plans;
internal
investigations;
5
equipment
use
and
security;
building
plans,
operation,
6
and
security;
security
procedures
for
inmates,
staff,
and
7
visitors;
daily
operation
records;
and
contraband
and
medicine
8
control.
These
records
are
exempt
from
the
public
inspection
9
requirements
in
section
17A.3
and
section
22.2
.
10
Sec.
76.
Section
904.704,
Code
2024,
is
amended
to
read
as
11
follows:
12
904.704
Limitation
on
contracts.
13
The
director
or
the
superintendents
superintendent
or
14
district
director,
as
applicable,
of
the
institutions
shall
15
not,
nor
shall
any
other
person
employed
by
the
state,
make
16
any
contract
by
which
the
labor
or
time
of
an
inmate
in
the
17
institution
is
given,
loaned,
or
sold
to
any
person
unless
as
18
provided
by
subchapter
VIII
or
section
904.703
.
19
Sec.
77.
Section
904.904,
Code
2024,
is
amended
to
read
as
20
follows:
21
904.904
Housing
facilities
——
halfway
houses.
22
Unless
the
inmate
returns
after
working
hours
to
the
23
institution
under
jurisdiction
of
the
department
of
24
corrections
,
the
department
of
corrections
shall
contract
25
coordinate
with
a
judicial
district
department
of
correctional
26
services
for
the
quartering
and
supervision
of
the
inmate
in
27
local
housing
facilities.
The
board
of
parole
shall
include
28
as
a
specific
term
or
condition
in
the
work
release
plan
of
29
any
inmate
the
place
where
the
inmate
is
to
be
housed
when
not
30
on
the
work
assignment.
The
board
of
parole
shall
not
place
31
an
inmate
on
work
release
for
longer
than
six
months
in
any
32
twelve-month
period
unless
approval
is
given
by
a
majority
of
33
the
full
board
of
parole.
Inmates
may
be
temporarily
released
34
to
the
supervision
of
a
responsible
person
to
participate
in
35
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2686
family
and
selected
community,
religious,
educational,
social,
1
civic,
and
recreational
activities
when
it
is
determined
2
that
the
participation
will
directly
facilitate
the
release
3
transition
from
institution
to
community.
The
department
of
4
corrections
shall
provide
a
copy
of
the
work
release
plan
and
5
a
copy
of
any
restitution
plan
of
payment
to
the
judicial
6
district
department
of
correctional
services
quartering
and
7
supervising
the
inmate.
8
Sec.
78.
Section
904.905,
Code
2024,
is
amended
to
read
as
9
follows:
10
904.905
Surrender
of
earnings.
11
1.
An
inmate
employed
in
the
community
under
a
work
release
12
plan
shall
surrender
to
the
judicial
district
department
of
13
correctional
services
the
inmate’s
total
earnings
less
payroll
14
deductions
required
by
law.
The
judicial
district
department
15
of
correctional
services
shall
deduct
from
the
earnings
in
the
16
following
order
of
priority:
17
a.
An
amount
the
inmate
may
be
legally
obligated
to
pay
18
for
the
support
of
the
inmate’s
dependents,
the
amount
of
19
which
shall
be
paid
to
the
dependents
through
the
department
20
of
health
and
human
services.
21
b.
Restitution
as
ordered
by
the
court
pursuant
to
chapter
22
910
.
23
c.
An
amount
determined
to
be
the
cost
to
the
judicial
24
district
department
of
correctional
services
for
providing
25
food,
lodging,
and
clothing
for
the
inmate
while
under
the
26
program.
27
d.
Any
other
financial
obligations
which
are
acknowledged
by
28
the
inmate
or
any
unsatisfied
judgment
against
the
inmate.
29
2.
Any
balance
remaining
after
deductions
and
payments
30
shall
be
credited
to
the
inmate’s
personal
account
at
the
31
judicial
district
department
of
correctional
services
and
shall
32
be
paid
to
the
inmate
upon
release.
An
inmate
so
employed
33
shall
be
paid
a
fair
and
reasonable
wage
in
accordance
with
the
34
prevailing
wage
scale
for
such
work
and
shall
work
at
fair
and
35
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2686
reasonable
hours
per
day
and
per
week.
1
Sec.
79.
Section
904.906,
Code
2024,
is
amended
to
read
as
2
follows:
3
904.906
Status
of
inmates
on
work
release.
4
An
inmate
employed
in
the
community
under
this
chapter
5
is
not
an
agent,
employee,
or
involuntary
servant
of
the
6
department
of
corrections
,
or
the
board
of
parole
,
or
the
7
judicial
district
department
of
correctional
services
while
8
released
from
confinement
under
the
terms
of
a
work
release
9
plan.
If
an
inmate
suffers
an
injury
arising
out
of
or
in
10
the
course
of
the
inmate’s
employment
under
this
chapter
,
the
11
inmate’s
recovery
shall
be
from
the
insurance
carrier
of
the
12
employer
of
the
project
and
no
proceedings
for
compensation
13
shall
be
maintained
against
the
insurance
carrier
of
the
14
state
institution
,
or
the
state
,
the
insurance
carrier
of
the
15
judicial
district
department
of
correctional
services,
or
the
16
judicial
district
department
of
correctional
services,
and
17
there
is
no
employer-employee
relationship
between
the
inmate
18
and
the
state
institution
,
or
the
board
of
parole
,
or
the
19
judicial
district
department
of
correctional
services
.
20
Sec.
80.
Section
904.908,
subsections
1
and
2,
Code
2024,
21
are
amended
to
read
as
follows:
22
1.
Upon
request
by
the
Iowa
department
of
corrections
,
23
or
the
board
of
parole,
or
a
judicial
district
department
24
of
correctional
services
a
county
shall
provide
temporary
25
confinement
for
alleged
violators
of
work
release
conditions
26
if
space
is
available.
27
2.
The
Iowa
department
of
corrections
shall
negotiate
28
a
reimbursement
rate
with
each
county
for
the
temporary
29
confinement
of
alleged
violators
of
work
release
conditions
30
who
are
in
the
custody
of
or
who
are
housed
or
supervised
31
by
the
director
of
the
Iowa
department
of
corrections
or
who
32
are
housed
or
supervised
by
the
judicial
district
department
33
of
correctional
services
.
The
amount
to
be
reimbursed
shall
34
be
determined
by
multiplying
the
number
of
days
a
person
is
35
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2686
confined
by
the
average
daily
cost
of
confining
a
person
in
the
1
county
facility
as
negotiated
with
the
department.
Payment
2
shall
be
made
upon
submission
of
a
voucher
executed
by
the
3
sheriff
and
approved
by
the
director
of
the
Iowa
department
of
4
corrections.
5
Sec.
81.
Section
904.910,
subsections
4
and
5,
Code
2024,
6
are
amended
to
read
as
follows:
7
4.
The
department
may
contract
with
a
judicial
district
8
department
of
correctional
services
for
the
housing
and
9
supervision
of
an
An
inmate
in
local
facilities
as
provided
10
in
section
904.904
may
be
housed
and
supervised
by
a
district
11
department
.
The
institutional
work
release
plan
shall
12
indicate
the
place
where
the
inmate
is
to
be
housed
when
not
13
on
work
assignment.
The
plan
shall
not
allow
for
placement
14
of
an
inmate
on
work
release
for
more
than
six
months
in
any
15
twelve-month
period
without
unanimous
committee
approval
to
16
do
so.
However,
an
inmate
may
be
temporarily
released
to
the
17
supervision
of
a
responsible
person
to
participate
in
family
18
and
selected
community,
religious,
educational,
social,
civic,
19
and
recreational
activities
when
the
committee
determines
that
20
the
participation
will
directly
facilitate
the
release
of
the
21
inmate
from
the
institution
to
the
community.
The
department
22
shall
provide
a
copy
of
the
work
release
plan
and
a
copy
of
any
23
restitution
plan
of
payment
to
the
judicial
district
department
24
of
correctional
services
housing
and
supervising
the
inmate.
25
5.
An
inmate
employed
in
the
community
under
an
26
institutional
work
release
plan
approved
pursuant
to
this
27
section
shall
surrender
the
inmate’s
total
earnings
less
28
payroll
deductions
required
by
law
to
the
superintendent,
or
to
29
the
judicial
district
department
of
correctional
services
if
it
30
is
housing
or
supervising
the
inmate.
The
superintendent
or
31
the
judicial
district
department
of
correctional
services
shall
32
deduct
from
the
earnings
in
the
priority
established
in
section
33
904.905
.
34
Sec.
82.
Section
905.2,
Code
2024,
is
amended
to
read
as
35
-35-
HF
2686
(3)
90
md/ns/md
35/
75
H.F.
2686
follows:
1
905.2
District
Judicial
district
departments
of
correctional
2
services
established.
3
1.
There
is
established
in
each
judicial
district
in
this
4
state
a
judicial
district
department
of
correctional
services.
5
Each
district
department
shall
furnish
or
contract
for
those
6
services
necessary
to
provide
a
community-based
correctional
7
program
which
meets
the
requirements
of
the
Iowa
department
of
8
corrections
.
9
2.
The
district
department
is
under
the
direction
of
the
10
Iowa
department
of
corrections,
and
shall
be
administered
11
by
a
district
director
employed
by
the
Iowa
department
of
12
corrections
.
A
district
department
is
a
state
agency
for
13
purposes
of
chapter
669
.
14
3.
All
employees
of
a
district
department
shall
be
employees
15
of
the
Iowa
department
of
corrections
.
16
Sec.
83.
Section
905.3,
Code
2024,
is
amended
to
read
as
17
follows:
18
905.3
District
advisory
board
——
expenses
reimbursed.
19
1.
a.
A
district
advisory
board
is
established
for
each
20
district
department,
which
shall
serve
in
an
advisory
capacity
21
to
a
district
director
without
compensation,
and
shall
be
22
composed
as
follows:
23
(1)
a.
One
member
shall
be
appointed
annually
by
a
district
24
director
from
the
board
of
supervisors
of
each
county
in
the
25
judicial
district.
26
(2)
b.
The
district
director
shall
on
or
before
December
31
27
appoint
two
citizen
members
to
serve
on
the
district
advisory
28
board
for
the
following
calendar
year.
29
(3)
A
number
of
members
equal
to
the
number
of
citizen
30
members
shall
be
appointed
by
the
chief
judge
of
the
judicial
31
district
on
or
before
December
31
to
serve
on
the
district
32
advisory
board
for
the
following
calendar
year.
33
b.
2.
The
district
advisory
board
shall
meet
not
more
often
34
than
quarterly
during
the
calendar
year.
35
-36-
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75
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2686
2.
3.
The
members
of
the
district
advisory
board
shall
be
1
reimbursed
from
funds
of
the
district
department
for
travel
and
2
other
expenses
necessarily
incurred
in
attending
meetings.
3
Sec.
84.
Section
905.4,
Code
2024,
is
amended
to
read
as
4
follows:
5
905.4
Duties
of
the
district
advisory
board.
6
The
district
advisory
board
shall:
7
1.
Adopt
bylaws
and
rules
for
the
conduct
of
its
own
8
district
advisory
board
business.
9
2.
Advise
the
district
director
concerning
suitable
10
quarters
at
one
or
more
sites
in
the
district
as
may
be
11
necessary
for
the
district
department’s
community-based
12
correctional
program.
13
3.
Recruit
and
promote
local
financial
support
for
the
14
district
department’s
community-based
correctional
program
from
15
private
sources
such
as
community
service
funds,
business,
16
industrial
and
private
foundations,
voluntary
agencies
,
and
17
other
lawful
sources.
18
Sec.
85.
Section
905.6,
Code
2024,
is
amended
to
read
as
19
follows:
20
905.6
Duties
of
district
director.
21
The
Each
district
director
employed
by
the
Iowa
department
22
of
corrections
shall
be
qualified
in
the
administration
of
23
correctional
programs.
The
district
director
shall:
24
1.
Perform
the
duties
and
have
the
responsibilities
25
delegated
or
specified
by
the
Iowa
department
of
corrections
.
26
2.
Manage
the
district
department’s
community-based
27
correctional
program,
in
accordance
with
the
policies
of
the
28
Iowa
department
of
corrections
.
29
3.
Employ,
with
approval
of
the
Iowa
department
of
30
corrections
,
and
supervise
the
employees
of
the
district
31
department,
including
reserve
peace
officers,
if
a
force
of
32
reserve
peace
officers
has
been
established.
33
4.
Prepare
all
budgets
and
fiscal
documents,
and
certify
34
for
payment
all
expenses
and
payrolls
lawfully
incurred
by
the
35
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75
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2686
district
department.
1
5.
Act
as
secretary
to
the
district
advisory
board,
prepare
2
its
agenda
and
record
its
proceedings.
The
district
shall
3
provide
a
copy
of
minutes
from
each
meeting
of
the
district
4
advisory
board
to
the
legislative
services
agency.
5
6.
Develop
and
submit
to
the
Iowa
department
of
corrections
6
a
plan
for
the
establishment,
implementation,
and
operation
7
of
a
community-based
correctional
program
in
that
judicial
8
district,
which
program
conforms
to
the
guidelines
drawn
up
9
by
the
Iowa
department
of
corrections
under
this
chapter
and
10
which
conform
to
rules,
policies,
and
procedures
pertaining
11
to
the
supervision
of
parole
and
work
release
adopted
by
the
12
director
of
the
Iowa
department
of
corrections
concerning
the
13
community-based
correctional
program.
14
7.
Negotiate
and,
upon
approval
by
the
Iowa
department
of
15
corrections
,
implement
contracts
or
other
arrangements
for
16
utilization
of
local
treatment
and
service
resources
authorized
17
by
subsection
15
.
18
8.
Administer
the
batterers’
treatment
program
for
domestic
19
abuse
offenders
required
in
section
708.2B
.
20
9.
Notify
the
board
of
parole,
thirty
days
prior
to
release,
21
of
the
release
from
a
residential
facility
operated
by
the
22
district
department
of
a
person
serving
a
sentence
under
23
section
902.12
.
24
10.
File
with
the
director
of
the
Iowa
department
of
25
corrections
,
within
ninety
days
after
the
close
of
each
26
fiscal
year,
a
report
covering
the
district
advisory
board’s
27
proceedings
and
a
statement
of
receipts
and
expenditures
during
28
the
preceding
fiscal
year.
29
11.
Arrange
for,
upon
approval
of
the
Iowa
department
of
30
corrections
,
by
contract
or
on
such
alternative
basis
as
may
31
be
mutually
acceptable,
and
equip
suitable
quarters
at
one
32
or
more
sites
in
the
district
as
may
be
necessary
for
the
33
district
department’s
community-based
correctional
program,
34
provided
that
the
district
director
shall
to
the
greatest
35
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HF
2686
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90
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75
H.F.
2686
extent
feasible
utilize
existing
facilities
and
shall
keep
1
capital
expenditures
for
acquisition,
renovation,
and
repair
2
of
facilities
to
a
minimum.
The
district
director
shall
not
3
enter
into
lease-purchase
agreements
for
the
purposes
of
4
constructing,
renovating,
expanding,
or
otherwise
improving
5
a
community-based
correctional
facility
or
office
unless
6
express
authorization
has
been
granted
by
the
general
assembly,
7
and
current
funding
is
adequate
to
meet
the
lease-purchase
8
obligation.
9
12.
Have
authority
to
accept
property
by
gift,
devise,
10
bequest,
or
otherwise,
and
to
sell
or
exchange
any
property
11
so
accepted
and
apply
the
proceeds
thereof,
or
the
property
12
received
in
exchange
therefor,
to
the
purposes
enumerated
in
13
subsection
11
.
14
13.
Recruit,
promote,
accept,
and
use
local
financial
15
support
for
the
district
department’s
community-based
16
correctional
program
from
private
sources
such
as
community
17
service
funds,
business,
industrial
and
private
foundations,
18
voluntary
agencies,
and
other
lawful
sources.
19
14.
Accept
and
expend
state
and
federal
funds
available
20
directly
to
the
district
department
for
all
or
any
part
of
the
21
cost
of
its
community-based
correctional
program.
22
15.
Arrange,
by
contract
or
on
an
alternative
basis
mutually
23
acceptable,
and
with
approval
of
the
director
of
the
Iowa
24
department
of
corrections
or
that
director’s
designee
for
25
utilization
of
existing
local
treatment
and
service
resources,
26
including
but
not
limited
to
employment,
job
training,
27
general,
special,
or
remedial
education;
psychiatric
and
28
marriage
counseling;
and
substance
use
disorder
treatment
and
29
counseling.
30
16.
Have
authority
to
establish
a
force
of
reserve
peace
31
officers,
either
separately
or
collectively
through
a
chapter
32
28E
agreement,
as
provided
in
chapter
80D
.
33
Sec.
86.
Section
905.14,
subsection
3,
Code
2024,
is
amended
34
to
read
as
follows:
35
-39-
HF
2686
(3)
90
md/ns/md
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75
H.F.
2686
3.
The
department
of
corrections
may
adopt
rules
for
the
1
administration
of
this
section
.
If
adopted,
the
rules
shall
2
include
a
provision
for
waiving
the
collection
of
fees
for
3
persons
determined
to
be
unable
to
pay.
4
Sec.
87.
Section
907.3,
subsection
1,
paragraph
c,
Code
5
2024,
is
amended
to
read
as
follows:
6
c.
Upon
fulfillment
of
the
conditions
of
probation
and
7
the
payment
of
fees
imposed
and
not
waived
by
the
judicial
8
district
department
of
correctional
services
under
section
9
905.14
904.912
,
the
defendant
shall
be
discharged
without
entry
10
of
judgment.
11
Sec.
88.
Section
907.3,
subsection
3,
unnumbered
paragraph
12
1,
Code
2024,
is
amended
to
read
as
follows:
13
By
record
entry
at
the
time
of
or
after
sentencing,
the
court
14
may
suspend
the
sentence
and
place
the
defendant
on
probation
15
upon
such
terms
and
conditions
as
it
may
require
including
16
commitment
to
an
alternate
jail
facility
or
a
community
17
correctional
residential
treatment
facility
to
be
followed
18
by
a
period
of
probation
as
specified
in
section
907.7
,
or
19
commitment
of
the
defendant
to
the
judicial
district
department
20
of
correctional
services
for
supervision
or
services
under
21
section
901B.1
at
the
level
of
sanctions
which
the
district
22
department
determines
to
be
appropriate
and
the
payment
of
fees
23
imposed
under
section
905.14
904.912
.
A
person
so
committed
24
who
has
probation
revoked
shall
not
be
given
credit
for
such
25
time
served.
However,
a
person
committed
to
an
alternate
jail
26
facility
or
a
community
correctional
residential
treatment
27
facility
who
has
probation
revoked
shall
be
given
credit
for
28
time
served
in
the
facility.
The
court
shall
not
suspend
any
29
of
the
following
sentences:
30
Sec.
89.
Section
907.7,
subsection
3,
Code
2024,
is
amended
31
to
read
as
follows:
32
3.
The
court
may
subsequently
reduce
the
length
of
the
33
probation
if
the
court
determines
that
the
purposes
of
34
probation
have
been
fulfilled
and
the
fees
imposed
under
35
-40-
HF
2686
(3)
90
md/ns/md
40/
75
H.F.
2686
section
905.14
904.912
have
been
paid
to
or
waived
by
the
1
judicial
district
department
of
correctional
services
and
2
that
court
debt
collected
pursuant
to
section
602.8107
has
3
been
paid.
The
purposes
of
probation
are
to
provide
maximum
4
opportunity
for
the
rehabilitation
of
the
defendant
and
to
5
protect
the
community
from
further
offenses
by
the
defendant
6
and
others.
7
Sec.
90.
Section
907.9,
subsections
1
and
2,
Code
2024,
are
8
amended
to
read
as
follows:
9
1.
At
any
time
that
the
court
determines
that
the
purposes
10
of
probation
have
been
fulfilled
and
fees
imposed
under
section
11
905.14
904.912
and
court
debt
collected
pursuant
to
section
12
602.8107
have
been
paid,
the
court
may
order
the
discharge
of
a
13
person
from
probation.
14
2.
At
any
time
that
a
probation
officer
determines
that
15
the
purposes
of
probation
have
been
fulfilled
and
fees
imposed
16
under
section
905.14
904.912
and
court
debt
collected
pursuant
17
to
section
602.8107
have
been
paid,
the
officer
may
order
the
18
discharge
of
a
person
from
probation
after
approval
of
the
19
district
director
and
notification
of
the
sentencing
court
and
20
the
county
attorney
who
prosecuted
the
case.
21
Sec.
91.
Section
907.9,
subsection
4,
paragraph
a,
Code
22
2024,
is
amended
to
read
as
follows:
23
a.
At
the
expiration
of
the
period
of
probation
if
the
fees
24
imposed
under
section
905.14
904.912
and
court
debt
collected
25
pursuant
to
section
602.8107
have
been
paid,
the
court
shall
26
order
the
discharge
of
the
person
from
probation.
If
portions
27
of
the
court
debt
remain
unpaid,
the
person
shall
establish
a
28
payment
plan
with
the
clerk
of
the
district
court
or
the
county
29
attorney
prior
to
the
discharge.
The
court
shall
forward
to
30
the
governor
a
recommendation
for
or
against
restoration
of
31
citizenship
rights
to
that
person
upon
discharge.
A
person
who
32
has
been
discharged
from
probation
shall
no
longer
be
held
to
33
answer
for
the
person’s
offense.
34
Sec.
92.
REPEAL.
Sections
905.1,
905.7,
905.8,
905.9,
35
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2686
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90
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75
H.F.
2686
905.10,
905.12,
905.13,
and
905.15,
Code
2024,
are
repealed.
1
Sec.
93.
CODE
EDITOR
DIRECTIVE.
2
1.
The
Code
editor
is
directed
to
make
the
following
3
transfers:
4
a.
Section
905.2
to
section
904.104A.
5
b.
Section
905.3
to
section
904.104B.
6
c.
Section
905.4
to
section
904.105A.
7
d.
Section
905.6
to
section
904.301B.
8
e.
Section
905.11
to
section
904.911.
9
f.
Section
905.14
to
section
904.912.
10
g.
Section
905.16
to
section
904.913.
11
2.
The
Code
editor
is
directed
to
correct
internal
12
references
in
the
Code
and
in
any
enacted
legislation
as
13
necessary
due
to
enactment
of
this
division
of
this
Act.
14
DIVISION
VI
15
DEPARTMENT
OF
REVENUE
16
Sec.
94.
Section
99G.3,
subsection
5,
Code
2024,
is
amended
17
to
read
as
follows:
18
5.
“Director”
means
the
director
of
the
department
of
19
revenue
or
the
director’s
designee.
20
Sec.
95.
Section
99G.7,
subsection
1,
paragraphs
b
and
c,
21
Code
2024,
are
amended
to
read
as
follows:
22
b.
Promote
or
provide
for
promotion
of
the
lottery
and
any
23
functions
related
to
the
division
under
this
chapter
.
24
c.
Prepare
a
budget
for
the
approval
of
the
director
for
25
activities
of
the
division
under
this
chapter
.
26
Sec.
96.
Section
99G.7,
subsection
1,
paragraph
g,
Code
27
2024,
is
amended
by
striking
the
paragraph.
28
Sec.
97.
Section
99G.8,
subsections
4,
11,
and
13,
Code
29
2024,
are
amended
to
read
as
follows:
30
4.
No
officer
or
employee
of
the
department
shall
be
a
31
member
of
the
board.
32
11.
The
board
shall
meet
at
least
quarterly
and
at
such
33
other
times
upon
call
of
the
chairperson
or
the
chief
executive
34
officer
administrator
.
Notice
of
the
time
and
place
of
each
35
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board
meeting
shall
be
given
to
each
member.
The
board
shall
1
also
meet
upon
call
of
three
or
more
of
the
board
members.
2
The
board
shall
keep
accurate
and
complete
records
of
all
its
3
meetings.
4
13.
Board
members
shall
not
have
any
direct
or
indirect
5
interest
in
an
undertaking
that
puts
their
personal
interest
6
in
conflict
with
that
of
the
department
under
this
chapter
7
including
but
not
limited
to
an
interest
in
a
major
procurement
8
contract
or
a
participating
retailer.
9
Sec.
98.
Section
99G.10,
subsection
3,
Code
2024,
is
amended
10
to
read
as
follows:
11
3.
A
background
investigation
shall
be
conducted
by
12
the
department
of
public
safety,
division
of
criminal
13
investigation,
on
each
applicant
who
has
reached
the
final
14
selection
process
prior
to
employment
by
the
department
under
15
this
chapter
.
For
positions
not
designated
as
sensitive
by
the
16
department,
the
investigation
may
consist
of
a
state
criminal
17
history
background
check,
work
history,
and
financial
review.
18
The
department
shall
identify
those
sensitive
positions
of
19
the
division
which
require
full
background
investigations,
20
which
positions
shall
include,
at
a
minimum,
any
officer
of
21
the
division,
and
any
employee
with
operational
management
22
responsibilities,
security
duties,
or
system
maintenance
or
23
programming
responsibilities
related
to
the
division’s
data
24
processing
or
network
hardware,
software,
communication,
or
25
related
systems
under
this
chapter
.
In
addition
to
a
work
26
history
and
financial
review,
a
full
background
investigation
27
may
include
a
national
criminal
history
check
through
the
28
federal
bureau
of
investigation.
The
screening
of
employees
29
through
the
federal
bureau
of
investigation
shall
be
conducted
30
by
submission
of
fingerprints
through
the
state
criminal
31
history
repository
to
the
federal
bureau
of
investigation.
The
32
results
of
background
investigations
conducted
pursuant
to
this
33
section
shall
not
be
considered
public
records
under
chapter
34
22
.
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Sec.
99.
Section
99G.11,
subsections
1,
2,
3,
and
4,
Code
1
2024,
are
amended
to
read
as
follows:
2
1.
A
member
of
the
board
,
any
officer,
or
other
employee
of
3
the
division
shall
not
directly
or
indirectly,
individually,
4
as
a
member
of
a
partnership
or
other
association,
or
as
a
5
shareholder,
director,
or
officer
of
a
corporation
have
an
6
interest
in
a
business
that
contracts
for
the
operation
or
7
marketing
of
the
lottery
as
authorized
by
this
chapter
,
unless
8
the
business
is
controlled
or
operated
by
a
consortium
of
9
lotteries
in
which
the
division
has
an
interest.
10
2.
Notwithstanding
the
provisions
of
chapter
68B
,
a
person
11
contracting
or
seeking
to
contract
with
the
state
to
supply
12
gaming
equipment
or
materials
for
use
in
the
operation
of
the
13
lottery,
an
applicant
for
a
license
to
sell
tickets
or
shares
14
in
the
lottery,
or
a
retailer
shall
not
offer
a
member
of
15
the
board
,
any
officer,
or
other
employee
of
the
division,
16
or
a
member
of
their
immediate
family
a
gift,
gratuity,
or
17
other
thing
having
a
value
of
more
than
the
limits
established
18
in
chapter
68B
,
other
than
food
and
beverage
consumed
at
19
a
meal.
For
purposes
of
this
subsection
,
“member
of
their
20
immediate
family”
means
a
spouse,
child,
stepchild,
brother,
21
brother-in-law,
stepbrother,
sister,
sister-in-law,
stepsister,
22
parent,
parent-in-law,
or
step-parent
of
the
board
member
,
the
23
officer,
or
other
employee
who
resides
in
the
same
household
24
in
the
same
principal
residence
of
the
board
member
,
officer,
25
or
other
employee.
26
3.
If
a
board
member
,
officer,
or
other
employee
of
the
27
division
violates
a
provision
of
this
section
,
the
board
28
member
,
officer,
or
employee
shall
be
immediately
removed
from
29
the
office
or
position.
30
4.
Enforcement
of
this
section
against
a
board
member
,
31
officer,
or
other
employee
shall
be
by
the
attorney
general
who
32
upon
finding
a
violation
shall
initiate
an
action
to
remove
the
33
board
member
,
officer,
or
employee.
34
Sec.
100.
Section
99G.12,
subsection
1,
Code
2024,
is
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amended
to
read
as
follows:
1
1.
The
authority
department
may
operate
self-service
kiosks
2
to
dispense
authorized
lottery
tickets
or
products
in
locations
3
where
lottery
games
and
lottery
products
are
sold,
subject
to
4
the
requirements
of
this
chapter
.
5
Sec.
101.
Section
99G.21,
subsection
2,
paragraph
f,
Code
6
2024,
is
amended
to
read
as
follows:
7
f.
To
enter
into
written
agreements
with
one
or
more
other
8
states
or
territories
of
the
United
States,
or
one
or
more
9
political
subdivisions
of
another
state
or
territory
of
the
10
United
States,
or
any
entity
lawfully
operating
a
lottery
11
outside
the
United
States
for
the
operation,
marketing,
and
12
promotion
of
a
joint
lottery
or
joint
lottery
game.
For
13
the
purposes
of
this
subsection
,
any
lottery
with
which
the
14
authority
department
reaches
an
agreement
or
compact
shall
meet
15
the
criteria
for
security,
integrity,
and
finance
set
by
the
16
board.
17
Sec.
102.
Section
99G.22,
subsection
1,
Code
2024,
is
18
amended
to
read
as
follows:
19
1.
The
department
shall
investigate
the
financial
20
responsibility,
security,
and
integrity
of
any
lottery
system
21
vendor
who
is
a
finalist
in
submitting
a
bid,
proposal,
or
22
offer
as
part
of
a
major
procurement
contract.
Before
a
major
23
procurement
contract
is
awarded,
the
division
of
criminal
24
investigation
of
the
department
of
public
safety
shall
conduct
25
a
background
investigation
of
the
vendor
to
whom
the
contract
26
is
to
be
awarded.
The
administrator
department
shall
consult
27
with
the
division
of
criminal
investigation
and
shall
provide
28
for
the
scope
of
the
background
investigation
and
due
diligence
29
to
be
conducted
in
connection
with
major
procurement
contracts.
30
At
the
time
of
submitting
a
bid,
proposal,
or
offer
to
the
31
department
on
a
major
procurement
contract,
each
vendor
shall
32
be
required
to
submit
to
the
division
of
criminal
investigation
33
appropriate
investigation
authorization
to
facilitate
this
34
investigation,
together
with
an
advance
of
funds
to
meet
the
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anticipated
investigation
costs.
If
the
division
of
criminal
1
investigation
determines
that
additional
funds
are
required
2
to
complete
an
investigation,
the
vendor
will
be
so
advised.
3
The
background
investigation
by
the
division
of
criminal
4
investigation
may
include
a
national
criminal
history
check
5
through
the
federal
bureau
of
investigation.
The
screening
6
of
vendors
or
their
employees
through
the
federal
bureau
of
7
investigation
shall
be
conducted
by
submission
of
fingerprints
8
through
the
state
criminal
history
repository
to
the
federal
9
bureau
of
investigation.
10
Sec.
103.
Section
99G.23,
subsections
1
and
2,
Code
2024,
11
are
amended
to
read
as
follows:
12
1.
The
division
department
may
make
procurements
that
13
integrate
functions
such
as
lottery
game
design,
lottery
ticket
14
distribution
to
retailers,
supply
of
goods
and
services,
15
and
advertising.
In
all
procurement
decisions
under
this
16
chapter
,
the
division
department
shall
take
into
account
the
17
particularly
sensitive
nature
of
the
lottery
and
shall
act
to
18
promote
and
ensure
security,
honesty,
fairness,
and
integrity
19
in
the
operation
and
administration
of
the
lottery
and
the
20
objectives
of
raising
net
proceeds
for
state
programs.
21
2.
Each
vendor
for
a
major
procurement
shall,
at
the
22
execution
of
the
contract
with
the
division
department
,
post
23
a
performance
bond
or
letter
of
credit
from
a
bank
or
credit
24
provider
acceptable
to
the
division
department
in
an
amount
as
25
deemed
necessary
by
the
division
department
for
that
particular
26
bid
or
contract.
27
Sec.
104.
Section
99G.24,
subsection
7,
paragraphs
d
and
e,
28
Code
2024,
are
amended
to
read
as
follows:
29
d.
Is
a
vendor
or
any
employee
or
agent
of
any
vendor
doing
30
business
with
the
department
under
this
chapter
or
with
the
31
division.
32
e.
Resides
in
the
same
household
as
an
officer
employee
33
of
the
division
with
operational
management
responsibilities,
34
security
duties,
or
system
maintenance
or
programming
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responsibilities
related
to
the
division’s
data
processing
or
1
network
hardware,
software,
communication,
or
related
systems
2
under
this
chapter
.
3
Sec.
105.
Section
99G.27,
subsection
1,
paragraphs
a,
b,
and
4
h,
Code
2024,
are
amended
to
read
as
follows:
5
a.
A
violation
of
this
chapter
,
a
regulation,
or
a
policy
or
6
procedure
of
the
division
department
.
7
b.
Failure
to
accurately
or
timely
account
or
pay
for
8
lottery
products,
lottery
games,
revenues,
or
prizes
as
9
required
by
the
division
department
.
10
h.
Failure
to
meet
any
of
the
objective
criteria
established
11
by
the
division
department
pursuant
to
this
chapter
.
12
Sec.
106.
Section
99G.28,
Code
2024,
is
amended
to
read
as
13
follows:
14
99G.28
Proceeds
held
in
trust.
15
All
proceeds
from
the
sale
of
the
lottery
tickets
or
shares
16
shall
constitute
a
trust
fund
until
paid
to
the
division
17
department
directly,
through
electronic
funds
transfer
to
the
18
division
department
,
or
through
the
division’s
department’s
19
authorized
collection
representative.
A
lottery
retailer
20
and
officers
of
a
lottery
retailer’s
business
shall
have
a
21
fiduciary
duty
to
preserve
and
account
for
lottery
proceeds
and
22
lottery
retailers
shall
be
personally
liable
for
all
proceeds.
23
Proceeds
shall
include
unsold
products
received
but
not
paid
24
for
by
a
lottery
retailer
and
cash
proceeds
of
the
sale
of
any
25
lottery
products
net
of
allowable
sales
commissions
and
credit
26
for
lottery
prizes
paid
to
winners
by
lottery
retailers.
Sales
27
proceeds
of
pull-tab
tickets
shall
include
the
sales
price
28
of
the
lottery
product
net
of
allowable
sales
commission
and
29
prizes
contained
in
the
product.
Sales
proceeds
and
unused
30
instant
tickets
shall
be
delivered
to
the
division
department
31
or
its
authorized
collection
representative
upon
demand.
32
Sec.
107.
Section
99G.30A,
subsection
2,
paragraphs
a
and
c,
33
Code
2024,
are
amended
to
read
as
follows:
34
a.
The
director
of
revenue
shall
administer
the
monitor
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vending
machine
excise
tax
as
nearly
as
possible
in
conjunction
1
with
the
administration
of
state
sales
tax
laws.
The
director
2
shall
provide
appropriate
forms
or
provide
appropriate
entries
3
on
the
regular
state
tax
forms
for
reporting
local
sales
and
4
services
tax
liability.
5
c.
Frequency
of
deposits
and
monthly
reports
of
the
monitor
6
vending
machine
excise
tax
with
the
department
of
revenue
are
7
governed
by
the
tax
provisions
in
section
423.31
.
Monitor
8
vending
machine
excise
tax
collections
shall
not
be
included
in
9
computation
of
the
total
tax
to
determine
frequency
of
filing
10
under
section
423.31
.
11
Sec.
108.
Section
99G.31,
subsection
3,
paragraphs
f
and
g,
12
Code
2024,
are
amended
to
read
as
follows:
13
f.
The
division
department
is
discharged
of
all
liability
14
upon
payment
of
a
prize
pursuant
to
this
section
.
15
g.
No
ticket
or
share
issued
by
the
division
shall
be
16
purchased
by
and
no
prize
shall
be
paid
to
any
member
of
the
17
board
of
directors;
any
officer
or
employee
of
the
department
18
under
this
chapter
;
or
to
any
spouse,
child,
brother,
sister,
19
or
parent
residing
as
a
member
of
the
same
household
in
the
20
principal
place
of
residence
of
any
such
person.
21
Sec.
109.
Section
99G.34,
subsection
4,
Code
2024,
is
22
amended
to
read
as
follows:
23
4.
Security
records
pertaining
to
investigations
and
24
intelligence-sharing
information
between
lottery
security
25
officers
staff
and
those
of
other
lotteries
and
law
enforcement
26
agencies,
the
security
portions
or
segments
of
lottery
27
requests
for
proposals,
proposals
by
vendors
to
conduct
28
lottery
operations,
and
records
of
the
security
division
of
the
29
department
under
this
chapter
pertaining
to
game
security
data,
30
ticket
validation
tests,
and
processes.
31
Sec.
110.
Section
99G.35,
subsection
1,
unnumbered
32
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
33
The
department’s
chief
security
officer
and
investigators
34
lottery
security
staff
under
this
chapter
shall
be
qualified
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by
training
and
experience
in
law
enforcement
to
perform
their
1
respective
duties
in
support
of
the
activities
of
the
security
2
office.
The
chief
security
officer
and
investigators
Lottery
3
security
staff
shall
not
have
sworn
peace
officer
status.
The
4
lottery
security
office
shall
perform
all
of
the
following
5
activities
in
support
of
the
mission
of
the
department
under
6
this
chapter
:
7
Sec.
111.
Section
421.2,
Code
2024,
is
amended
to
read
as
8
follows:
9
421.2
Department
of
revenue.
10
A
department
of
revenue
is
created.
The
department
shall
be
11
administered
by
a
director
of
revenue
who
shall
be
appointed
by
12
the
governor
subject
to
confirmation
by
the
senate
and
shall
13
serve
at
the
pleasure
of
the
governor.
If
the
office
of
the
14
director
becomes
vacant,
the
vacancy
shall
be
filled
in
the
15
same
manner
as
provided
for
the
original
appointment.
The
16
Except
for
the
Iowa
lottery
division
under
chapter
99G,
the
17
director
may
establish,
abolish,
and
consolidate
divisions
18
within
the
department
of
revenue
when
necessary
for
the
19
efficient
performance
of
the
various
functions
and
duties
of
20
the
department
of
revenue.
21
Sec.
112.
Section
421.9,
subsection
1,
unnumbered
paragraph
22
1,
Code
2024,
is
amended
to
read
as
follows:
23
The
director
of
revenue
or
a
department
employee
designated
24
deputy
by
the
director
shall
sign
on
behalf
of
the
department
25
all
orders,
subpoenas,
warrants,
and
other
documents
of
like
26
character
issued
by
the
department.
27
DIVISION
VII
28
WORKFORCE
DEVELOPMENT
29
Sec.
113.
Section
84A.5,
subsection
5,
paragraph
o,
Code
30
2024,
is
amended
to
read
as
follows:
31
o.
Adult
education
and
literacy
programs
with
community
32
colleges
under
section
84A.19
.
33
Sec.
114.
Section
84A.5,
subsection
5,
Code
2024,
is
amended
34
by
adding
the
following
new
paragraph:
35
-49-
HF
2686
(3)
90
md/ns/md
49/
75
H.F.
2686
NEW
PARAGRAPH
.
p.
The
supplemental
nutrition
assistance
1
program
employment
and
training
program
pursuant
to
7
C.F.R.
2
pt.
273,
administered
jointly
with
the
department
of
health
and
3
human
services.
4
Sec.
115.
Section
84A.6,
subsection
2,
paragraph
a,
Code
5
2024,
is
amended
to
read
as
follows:
6
a.
The
director
of
the
department
of
workforce
development,
7
in
cooperation
with
the
department
of
health
and
human
8
services,
shall
provide
job
placement
and
training
to
persons
9
referred
by
the
department
of
health
and
human
services
10
under
the
promoting
independence
and
self-sufficiency
11
through
employment
job
opportunities
and
basic
skills
program
12
established
pursuant
to
chapter
239B
and
the
supplemental
13
nutrition
assistance
program
employment
and
training
program
14
pursuant
to
7
C.F.R.
pt.
273
.
15
DIVISION
VIII
16
DEPARTMENT
OF
PUBLIC
SAFETY
17
Sec.
116.
Section
80E.1,
subsection
2,
paragraph
b,
Code
18
2024,
is
amended
by
striking
the
paragraph.
19
Sec.
117.
Section
100.41,
Code
2024,
is
amended
to
read
as
20
follows:
21
100.41
Authority
to
cite
violations.
22
Fire
officials
acting
under
the
authority
of
this
part
23
chapter
10A,
subchapter
V,
part
2,
may
issue
citations
in
24
accordance
with
chapter
805
,
for
violations
of
this
part
25
chapter
10A,
subchapter
V,
part
2,
or
a
violation
of
a
local
26
fire
safety
code.
27
DIVISION
IX
28
ECONOMIC
DEVELOPMENT
AUTHORITY
AND
IOWA
FINANCE
AUTHORITY
——
29
REPORTS
30
Sec.
118.
Section
15.107B,
Code
2024,
is
amended
by
adding
31
the
following
new
subsection:
32
NEW
SUBSECTION
.
3.
The
director
may,
notwithstanding
33
any
provision
of
law
to
the
contrary,
include
in
the
report
34
submitted
pursuant
to
subsection
1,
any
other
annual
report
35
-50-
HF
2686
(3)
90
md/ns/md
50/
75
H.F.
2686
relating
to
a
program
or
activity
required
to
be
prepared
by
1
the
authority,
the
director,
or
the
board,
and
submitted
to
the
2
general
assembly.
3
Sec.
119.
Section
15.108,
subsection
6,
paragraph
c,
4
subparagraph
(1),
subparagraph
division
(c),
Code
2024,
is
5
amended
to
read
as
follows:
6
(c)
By
January
15
of
each
year,
or
as
part
of
the
annual
7
report
under
section
15.107B,
the
economic
development
8
authority
shall
submit
to
the
governor
and
the
general
assembly
9
a
compilation
of
reports
required
under
this
subparagraph.
10
Sec.
120.
Section
15.108,
subsection
8,
paragraph
f,
Code
11
2024,
is
amended
to
read
as
follows:
12
f.
Conduct
surveys
of
existing
art
and
cultural
programs
13
and
activities
within
the
state,
including
but
not
limited
to
14
music,
theater,
dance,
painting,
sculpture,
architecture,
and
15
allied
arts
and
crafts.
The
authority
shall
submit
,
or
include
16
as
part
of
the
annual
report
under
section
15.107B,
a
report
17
on
the
survey
to
the
governor
and
to
the
general
assembly
no
18
later
than
ten
calendar
days
after
the
commencement
of
each
19
first
session
of
the
general
assembly
recommending
appropriate
20
legislation
or
other
action
as
the
authority
deems
appropriate.
21
Sec.
121.
Section
15.120,
subsection
3,
paragraph
b,
Code
22
2024,
is
amended
to
read
as
follows:
23
b.
The
center
shall
prepare
an
annual
report
in
coordination
24
with
the
authority.
The
center
shall
submit
the
report
to
the
25
general
assembly
and
the
legislative
services
agency
by
January
26
15
of
each
year
or
shall
provide
the
report
to
the
authority
to
27
include
as
part
of
the
annual
report
under
section
15.107B
.
28
Sec.
122.
Section
15.231,
subsection
7,
Code
2024,
is
29
amended
by
striking
the
subsection.
30
Sec.
123.
Section
15.275,
subsection
2,
Code
2024,
is
31
amended
to
read
as
follows:
32
2.
The
authority
shall
report
to
the
general
assembly
on
or
33
before
September
1
of
each
fiscal
year
,
or
report
as
part
of
34
the
annual
report
under
section
15.107B,
on
the
effectiveness
35
-51-
HF
2686
(3)
90
md/ns/md
51/
75
H.F.
2686
of
each
entity
that
conducted
statewide
tourism
marketing
1
services
and
efforts
in
the
immediately
preceding
fiscal
2
year
pursuant
to
a
contract
awarded
under
subsection
1
.
The
3
report
shall
be
provided
in
an
electronic
format
and
shall
4
include
metrics
and
criteria
that
allow
the
general
assembly
to
5
quantify
and
evaluate
the
effectiveness
and
economic
impact
of
6
each
entity’s
statewide
tourism
marketing
services
and
efforts.
7
Sec.
124.
Section
15.320,
subsection
2,
unnumbered
8
paragraph
1,
Code
2024,
is
amended
to
read
as
follows:
9
By
January
31
of
each